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Climate Resilience Sector Project (CRSP) Due Diligence Report

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22nd June 2018 Involuntary Resettlement Due Diligence Report

Document Stage: Preliminary Draft Project Number: TON 46351 April 2018

TONGA:

Climate Resilience Sector Project (CRSP)

Prepared by Ministry of Meteorology, Energy, Information, Disaster Management, Environment, Climate Change and Communications (MEIDECC) for the Asian Development Bank. (ADBThe Due Diligence Report is a document of the borrower. The views expressed herein do not necessarily represent those of ADB’s Board of Directors, Management, or staff and may be preliminary in nature.

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

ABBREVIATIONS

ADB

 

Asian Development Bank

AP

Affected Person

CBD

Central Business District

CEO

Chief Executive Officer

CRSP

Climate Resilience Sector Project

DDR

Due Diligence Report

EA

Executing Agency

GFP

Grievance Focal Point

GoT

Government of Tonga

GRM

Grievance Redress Mechanism

MEIDECC

Ministry of Meteorology, Energy, Information, Disaster Management, Environment and Climate Change and Communications

MET

Ministry of Education and Training

MIA

Ministry of Internal Affairs

MLSNR

Ministry of Lands, Surveys, and Natural Resources

NIIP

National Infrastructure Investment Plan

O&M

Operations and maintenance

PIU

Project Implementation Unit

PMU

Project Management Unit

PSC

Project Steering Committee

PUMA

Planning and Urban Management Agency

SD

Sports Division

TMP

Traffic Management Plan

Tonga

Kingdom of Tonga

TOR

Terms of Reference

 

Table of Contents

 

  1. Introduction ........................................................................................................................... 4
  2. Project Overview ................................................................................................................... 4
  3. Methodology ......................................................................................................................... 5
  4. Project Components and Screening of Resettlement Impacts ............................................. 5
  5. Due Diligence and Compliance Audit ............................................................................................... 5-7
  6. Consultations and Disclosure ........................................................................................................... 8-9
  7. Grievance Redress Mechanism .................................................................................................... 10-11
  8. Follow up Actions ................................................................................................................ 11
  9. Monitoring and Reporting .................................................................................................................. 11

ANNEX: I-XIII   ...................................................................................................................................... 12-46

 

Introduction

1. The Due Diligence / Social Compliance Report (DDR) is for the proposed candidate subproject of the Climate Resilience Sector Project (CRSP) - Upgrading the evacuation and post disaster access road for Popua in Tongatapu; upgrading additional Government Primary Schools (GPS) in Tongatapu, which are the GPS Ngele’ia and the GPS Hala-‘o-Vave; and relocating of Lifuka, Ha’apai hospital from vulnerable area to higher ground.   ADB has classified the proposed subproject as Category C for Involuntary Resettlement – meaning, “Additional candidate sector subprojects no involuntary resettlement impacts. No further action is required” (http://www.adb.org/site/safeguard-categories). The due diligence review presented here supports that classification.

Project Overview

 

  1. 2. The CRSP aims to mainstream climate resilience into government planning and address country priorities focusing on the most vulnerable sectors and communities. The overall proposed outcome seek to strengthen Tonga’s enabling environment for climate adaptation and disaster risk reduction at national and local level. This will be delivered through components including mainstreaming climate resilience into development planning, monitor Tonga’s climate data and information, established climate change trust fund to support community adaptive investment, and increase ecosystem resilience and climate infrastructure investment.
  2. 3. The Executive Agency (EA) of the CRSP is Ministry for Finance and National Planning (MFNP). The Ministry of Meteorology, Energy, Information, Disaster Management, Environment, Climate Change and Communications (MEIDECC) is acting as the Coordinating Implementing Agency (IA).  A Project Management Unit (PMU) has been established in MEIDECC to monitor the project activities and liaise with all implementing agencies, other stakeholders and ADB.   There are five Implementing Agencies (IAs) of whom three have set up their own Project Implementation Units (PIUs).  These are MOI – Ministry of Infrastructure; MLNR – Ministry of Lands and Natural Resources; MAFFF  - Ministry of Agriculture, Food, Forestry and Fisheries; MET – Ministry of Education and Training; and MoH – Ministry of Health.  Two of the five IAs do not have a separate PIU but supported by PMU / MEIDECC.  The IAs that do not have PIUs are MET - Ministry of Education and Training and MOH - Ministry of Health. PMU in MEIDECC supports IAs that requires assistance for Ministries that do not have the PIU platform.  The PMU supervises and supports all these PIUs and stakeholders.  There are cross linkages between IAs in the project. These have been identified and the lines of communications are clarified. The Project Director is responsible for the supervision of the individual consultants and coordination with the firm.

 

  1. 4. No significant negative environmental and social impacts will occur from the implementation of the climate infrastructure investments including the additional candidate sector sub-projects. In fact there is an emphasis on improving climate change adaptations and outcomes through appropriate evacuation and post disaster access roads, safe location of public facility, provision of safe school facilities and compounds with an enabling environment to withstand inland inundation, drought and strong wind, as well as increase water harvesting and storage.

 

  1. 5. Ownership of the evacuation and post disaster access roads including the Popua evac road is MoI, the Ha’apai Hospital is MoH, and the five upgrades schools in Tongatapu is under MET (GPS’) & Maamafo’ou (Lavengamalie) education platform arrangement.

 

  1. 6. In summary, all climate infrastructure including additional candidate sector sub-projects investments provide a positive environmental benefit for climate resilience. The climate infrastructure component improves performance, safety, and better public health outcomes through more reliable services for public usage and for natural disaster events.  It will also provide improve access for stakeholders and improve sustainability and building capacity in the areas of climate resilience, which will positively assisting the communities to be resilient from the adverse impact of climate change.

 

Methodology

7. DDR works were carried out for all climate infrastructure investment.  Tasks conducted were consultation with relevant stakeholders, site visit, and review of email correspondences, cadastral map, lease documents, and project design documents.  Climate infrastructure investments are:

 

(i) Evacuation and post disaster access roads

 

8. Upgrading work for 6.64km in total for 3 villages in Tongatapu and 1 village road section in the island of Eua[1].  The evacuation and post disaster roads will improve the security of the local population in the event of major climate related event by both allowing for evacuation and post disaster access by emergencies vehicles, enhancing livelihoods of the local population through facilitating their access to economic centres such as markets and providing employment and trading opportunities for both local and national workers.

 

(ii) Upgrading schools

 

9. Upgrading school[2] is improving roofing, building structures, road access, cyclone shutters, and drainage.  The upgrading works reduced the number of days that school are closed during cyclone season and to adapt to other effects of climate change such as droughts.

 

(iii) Hahake Coastal Protection

 

10. Hahake coastal protection is building coastline3 protection in eastern of Tongatapu utilising rock revetment to control coastline erosion and to reduce impact of flood surges in coastal communities’ households.  The climate infrastructure investment expected benefits are reduction in building and road damage, household income loss, statistical value of life loss and emergency costs, as well as recreation and amenity benefits from preserving the shoreline and beaches.

 

(iv) Relocation of Ha’apa hospital to a less disaster prone area

 

11. This candidate subproject is aimed at the long-term need for relocation of the hospital to a less disaster-prone area. The current site is located no more than 5 metres from the low-lying coastline of Lifuka island in the Ha’apai group. This coastal site is zoned and classified extremely vulnerable to coastal erosion and inundation from storm surges and potential sea level rise.

 

Due Diligence and Compliance Audit

  1. 12. All government-owned land is vested in the Crown. The Minister of Lands is the representative of the Crown in all matters concerning land in the Kingdom of Tonga.

 

  1. 13. According to the Land Act of Tonga, the Minister of Lands grants leases and permits with the consent of Cabinet. Only the registered holder of a town or tax allotment may grant a lease over the whole or part of the allotment, but only if the consent of the Tongan Cabinet has been given in the manner dictated by the Land Act.

 

  1. 14. All climate infrastructure investment including additional candidate sector subproject are all on government owned land. Therefore, there is no land issue.

 

  1. 15. All 4 evacuation and post disaster access roads[3] are climate resilient and superimposed on an existing government alignment, which are all constructed on existing government reserve. Therefore, there is no need for resettlement and no land issues occurred.  The evacuation and post disaster alignments are shown in Annex I-IV.

 

  1. 16. The 5 schools upgrade work[4] is under the Ministry of Education and Training & the Tokaikolo Education Management.  Upgrading works reduced the number of days that school are closed during cyclone season and to adapt to other effects of climate change such as droughts.   Climate infrastructure investment benefits are avoided income/time loss resulting from school closures; inconvenience to parents; avoided damage to schools due to flooding; piped water cost, drought and disaster alleviation reduction. All schools upgrade work is on existing Ministry of Education and Training & Maamafo’ou lands; therefore, there is no land issue.   Ministry of Education and Training & Maamafo’ou site demarcations are illustrated in Annex V-IX.  The following benefits have occurred.
  • Water logging completely removed. Rainfall of 200mm in 1 day in 2017 recorded, stagnant water was drained out from all schools within 5-6 hours during low tide. No loss of school days for both students and teachers. Before CRSP school upgrades intervention it usually took 5-6 days for water log to drain out from the school compound.   Therefore, loss of school days were frequently happened during raining and cyclone season.
  • During Gita category 4 cyclone on 12 February 2018, the new building constructed at GPS Hala’ovave was used as evacuation center by the communities.  Many large and tall trees broken, lots of damages occurred on the surrounding areas.  However, new CRSP classroom building was not damaged.
  • Intervention provided under climate proofing of schools of CRSP had provided resilience against climate events particular on droughts and reduced the loss of school days also.

 

  1. 17. Hahake coastal protection is building coastline6 protection in eastern of Tongatapu utilising rock revetment to control coastline erosion and to reduce impact of flood surges in coastal communities’ households.  The climate infrastructure investment expected benefits are reduction in building and road damage, household income loss, statistical value of life loss and emergency costs, as well as recreation and amenity benefits from preserving the shoreline and beaches.  The rock revetment construction alignment is built on the existing government reserve; therefore, there is no land issue.   Coastal protection alignment layout is in Annex X.

 

  1. 18. As for the new Ha’apai hospital site in Lifuka; there was a requirement for the land to transfer from Ministry of Health to the Ministry of Education and Training has completed (Annex XIII, Figure 31); therefore no land issue. Building complies with the permanent and imposed load, earthquake/seismic requirements by the structural building code provisions.  Structural members are concrete reinforced steel, steel section and masonry bricks to withstand Cyclone/Wind Actions Category 5. Building footprint is 2,035 sq. meters.  Layout is illustrated in Figure 1 and 2. The access road that connects the new hospital to the Fau Road with 254m x ~5m x .25m, and seal with 14mm single chip seal un-pre-coated with road widening of 1.2m for both side is on existing government reserve.  The Ministry of Land, Survey, and Natural Resources is finalizing the additional cadastral access in ANNEX XIII, Figure 30 to be completed by the 31 May 2018. Therefore, there is no land issue.

 

 

 


[1] Identified roads are Navatoka (2.25 km), Talafo’ou (2.27 km), Popua (1.26km) in the island of Tongatapu and Tufu (1.04 km) on the island of ‘Eua.

[2] GPS Fanga, GPS Kolomotu’a, GPS Hala’oVave, GPS Ngele’ia, and the Lavengamalie Side School 3 Total length of the sections is 2.05 km from over a total length of some 6.2 km of coastline.

[3] Roads are Navatoka (2.25 km), Talafo’ou (2.27 km), Popua (1.26km) in the island of Tongatapu and Tufu (1.04 km) on the island of ‘Eua.

 

[4] GPS Fanga, GPS Kolomotu’a, GPS Hala’oVave, GPS Ngele’ia, and the Lavengamalie Side School 6 Total length of the sections is 2.05 km from over a total length of some 6.2 km of coastline.

 

Consultations and Disclosure

19. The project team met on the 31 January 2018 with the following officials as listed below:

Name

Organisation

Hon. Poasi Tei

Minister for Ministry of Meteorology, Energy, Information, Disaster Management, Environment, Climate Change, and Communication

Mr. Paula P. Ma’u

Chief Executing Officer, Ministry of Meteorology, Energy, Information, Disaster Management, Environment, Climate Change, and Communication

Ms. Lu’isa Tu’ia’fitu Malolo

Project Director & Director for Climate Change Department, Ministry of Meteorology, Energy, Information, Disaster Management, Environment, Climate Change, and Communication

Ms. Rosamond C. Bing

Chief Executing Officer, Ministry of Lands and Natural Resources

Ms. Kelela Tonga

A/CEO Ministry of Infrastructure

Ms. Lu’isa T. Malolo

Director for Climate Change and Project Director for Climate Resilience Sector Project

Mr. Tukua Tonga

NUDS Project Manager & Director for PUMA, Ministry of Lands and Natural Resources

‘Atunaisa Fetokai

NSPAO

Mr. Manu ‘Akau’ola

Ministry of Education & Training

Mr. Isikeli Oko

Ministry of Education & Training

Mrs. ‘Utulamataki Paongo Tonga

Principal Ha’apai High School

Dr. Tevita Vakasiuola

Niu’ui Ha’apai Hospital

Vika Fe’iloakitau

Ministry of Finance and National Planning

Seventeen Toumoua

NUDSP

Dr. David Lees

CRSP, Team Leader

Mr. Winston Halapua

CRSP

Mr. Malakai J. Vakasiuola

CRSP

Mr. Feleti Fa’otusia

CRSP

Mr. Sione Tukia Lepa

CRSP

Mr. Nikolasi Palu

CRSP

Ms. Falekakala Taufa

GIS Officer, MLSNR

Mrs. Halalilika ‘Etika

Head of GIS Section, MLSNR

Dr. Langitoto Helu

CRSP

 

20. The project team also carried out a site visit to the Ha’apai Hospital, roads, and upgrade schools on the 9 & 10 February 2018,

David Fay

Asian Development Bank

Belvina Puamau

Asia Development Bank

Taniela Faletau

Asian Development Bank

Tatafu Moeaki

Asian Development Bank

Winston Halapua

CRSP PMU

Malakai J. Vakasiuola

CRSP PIU

Dr. Atiq Islam

CRSP PIU

Peni Halai

CRSP PIU

 

 

Nikolasi Palu

 

Sione Pongi

TPL

Sekitoa

Petani Quarry, Hahake Coastal Protection

Gao Dong

CCECC, Ha’apai Hospital Contractor

 

21. This DDR will be disclosed to the general public through distribution of the written reports, posting documents on the government websites, and electronic access to the reports on the ADB project website.

Grievance Redress Mechanism

22. In order to receive and facilitate the resolution of any concerns or complaints of any Affected Person (AP) about the project’s social, environmental, and quality safeguards compliance, the CRSP since its commencement, has a Grievance Redress Mechanism (GRM) in place for all safeguard issues; providing a streamlined process for any concerns or issues in relation to resettlement, social safeguards, and environmental impacts. CRSP is well into its implementation phase; the grievance redress process has been widely disseminated to all affected people during project consultations and focus group discussions. When and where the need arises, this mechanism will be used to address any concerns or complaints that may arise during implementation and operation of the project.

23. The GRM will address APs concerns and complaints promptly and transparently through the process outlined below. The GRM will be gender responsive and readily accessible to all APs at no cost. The GRM will not impede APs access to the Government judicial or administrative remedies. Implementing Agencies (IAs) in coordination with Executive Agency and all IAs will further inform APs about the GRM.

24. The key functions of the GRM are to: (i) record, categorize, and prioritize the grievances; (ii) resolve the grievances in consultation with complainant(s) and other stakeholders; (iii) inform the aggrieved parties about the solutions; and (iv) forward any unresolved cases to higher authorities for resolution.

25. Grievance Focal Points (GFP) have been established with the relevant IAs Officers, PMU, and contractors to coordinate and address all complaints and concerns arising from any subproject. The contact details are provided to all affected persons.

26. The GFP will be assisted and supported by the PIUs and PMU.  PIU maintains a register of complaints, keep track of their status and report to PMU.. PMU will regularly track complaints received, actions taken and the status of resolution. All communications with the affected person(s) will be documented, and checked.

27. Affected persons will be informed that they should ask any questions or discuss grievances with the complaints by phone or in person; or to project staff visiting the area. The GFP is encouraged to discuss the issue with the contractor or safeguards team, as often-minor environmental or social impacts can be remedied with immediate action.

28. If these questions/grievances are not answered within 1 week, it should be prepared in writing (using the assistance of the local community leader, church or school if necessary). The complainant will also be informed that national and international project staff could assist them with writing a grievance if necessary.

29. Written complaints can be sent or delivered to the Grievance Focal Points where they will be registered as being received, and will be treated confidentially. The GFP will have 1 week to deliver a resolution to the affected person.

30. In the event that a satisfactory answer cannot be provided, the affected person may lodge the complaint with the Project Management Unit and receive a reply within 7 days.

31. Affected Persons have the right to take the dispute to the Chairman of the PSC, who will also have one week to respond.

32. In the event that the situation is not resolvable, or the complainant does not accept the decision, the affected person(s) may have recourse to the land court (or other relevant court). All court costs (preparation and representation) will be paid for by the project; regardless of the outcome.

Table 1:          Grievance Resolution Process

Stages    in     Response

Handling

Required Activities

Recipients, Village Head or District/Town GFP

Verbally responds to questions and or complaints. May represent affected person in direct discussions with contractor or safeguards team.

 

If no response within 1 week, or response is unsatisfactory, affected person prepares a grievance in writing .

IAs

Registers the written complaint and attempts to solve it. If complaint is not resolved in 1 week, it is passed to the PMU for resolution.

PMU

 

Registers the written complaint and attempts to resolve it with the affected person within 1 week.

If a solution is not reached, the PMU refers it to the CEO & Minister for MEIDECC.

CEO         &           Minster

MEIDECC

Consults with other Minsters & CEOs, the GFP and PMU in the resolution of complaints.

Makes a decision within 1 week.

If the decision is still unacceptable to the complainant, they may take it before the Land (or other relevant) Court, with all costs paid for by the government.

Land (or other) Court

The court hears the case and makes a final decision that is binding on all parties.

Follow up Actions

33. A Resettlement Plan is not required for the additional candidate subprojects. The subproject will not cause any physical and economic displacements nor require any land acquisition since the scope of work will be confined within state-owned land. This will not affect the proposed subproject, however, and need not be ordered as a project condition.

Monitoring and Reporting

34. No monitoring and reporting is required for land acquisition and resettlement issues as there are none. Relevant information related to safeguards, if any, will be reported in the project’s progress quarterly report. Any unanticipated issues will be dealt with in accordance with ADB’s Safeguard Policy Statement (2009) and the project’s resettlement framework.

Last Updated ( Friday, 22 June 2018 10:21 )  

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