Tonga: Climate Resilience Sector Project Number: TON 46351-002 April 2018 Tonga: Climate Resilience...

Safeguards Due Diligence Report

Document Stage: Preliminary Draft Project Number: TON 46351-002 April 2018

Tonga: Climate Resilience Sector Project

Prepared by Ministry of Meteorology, Energy, Information, Disaster Management, Environment, Climate Change and Communications (MEIDECC) for the Asian Development Bank. (ADB) The 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.

Climate Resilience Sector Project Due Diligence Report

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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


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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


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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

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.

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.

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.

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.

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


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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 Eua1. 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 school2 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

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 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.


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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.

14. All climate infrastructure investment including additional candidate sector subproject are

all on government owned land. Therefore, there is no land issue.

15. All 4 evacuation and post disaster access roads4 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.

16. The 5 schools upgrade work5 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.

o 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. o 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. o 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.

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.

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

4 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. 5 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.


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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.


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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


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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


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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.


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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.


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Figure 1: Ministry of Infrastructure Work Permit for Popua Evacuation Road

ANNEX I: Popua Evacuation Post Disaster Access Road


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Figure 2: Ministry of Lands, Survey, and Natural Resources Cadastral & Spatial Layout for Popua Evacuation Road


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Figure 3: Ministry of Lands, Survey, and Natural Resources for Popua Evacuation Road Satellite Spatial Layout


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Figure 4: Ministry of Infrastructure Work Permit for Navutoka Evacuation Road

ANNEX II: Navutoka Evacuation Post Disaster Access Road


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Figure 5: Ministry of Land, Survey, and Natural Resources Cadastral & Spatial Layout for Navutoka Evacuation Road


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Figure 6: Ministry of Infrastructure Work Permit for Talafo’ou Evacuation Road

ANNEX III: Talafo’ou Evacuation Post Disaster Access Road


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Figure 7: Ministry of Lands, Survey, and Natural Resources Cadastral Layout for Talafo’ou Evacuation Road


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Figure 8: Ministry of Lands, Survey, and Natural Resources Spatial Layout for Talafo’ou & Navutoka Evacuation Roads

ANNEX IV: Talafo’ou & Navutoka Evacuation Post Disaster Access Road


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Figure 9: Ministry of Infrastructure Work Permit for Tufuvai Evacuation Road,‘Eua Island

ANNEX V: Tufuvai Evacuation Post Disaster Access Road


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Figure 10: Ministry of Lands, Survey, and Natural Resources Cadastral Layout for Tufuvai Evacuation Road, ‘Eua Island


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Figure 11: Ministry of Lands, Survey, and Natural Resources Spatial Layout for Tufuvai Evacuation Road, ‘Eua Island


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Figure 12: Ministry of Lands, Survey, and Natural Resources Spatial Layout for Schools Upgrade Work

ANNEX VI: School Upgrade Work, Nuku’alofa, Tongatapu


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Figure 13: GPS Hala ‘o Vave New Classroom Work Permit

ANNEX VII: GPS Hala’oVave Upgrading School


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Figure 14: GPS Hala ‘o Vave Work site Layout Permit


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Figure 15: GPS Ngele’ia Work Permit

ANNEX VIII: GPS Ngele’ia Upgrading School


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Figure 16: GPS Ngele’ia work site Layout Permit


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Figure 17: GPS Fanga Work Permit

ANNEX IX: GPS Fanga Upgrading School


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Figure 18: GPS Fanga work site Layout Permit


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Figure 19: GPS Fanga student/teacher drop off elevated


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Figure 20: GPS Kolomotu’a Work Permit

ANNEX X: GPS Kolomotu’a Upgrading School


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Figure 21: GPS Kolomotu’a work site Layout Permit


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Figure 22: Lavengamalie Side School Work Permit

ANNEX XI: Lavengamalie Upgrading School


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Figure 23: Lavengamalie Side School work site Layout Permit


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Figure 24: Lavengamalie Side School Drainage Alignment


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Figure 25: Ministry of Infrastructure, Hahake Coastal Protection Work Permit

ANNEX XII: HAHAKE COASTAL PROTECTION


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Figure 26: Ministry of Lands, Survey, and Natural Resources Spatial Layout


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Figure 27: Ministry of Lands, Survey, and Natural Resources Spatial Layout for Hahake Coastal Protection


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Figure 28: Ministry of Lands, Survey, and Natural Resources Cadastral for Hahake Coastal Protection


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ANNEX XIII: Relocation of Ha’apai hospital to a less disaster prone area

Figure 29: Relocation of Ha’apai Hospital Work Permit


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Figure 30: Additional Hospital Access


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Figure 31: Ha’apai Hospital Foot Print


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Figure 32: Electrical, Fiber, and Telephone Layout Permit


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Figure 33: National Spatial Planning Authority Office Hospital Permit


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Figure 34: Ministry of Lands, Survey, and Natural Resources New Hospital Site Permit


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Figure 35: Cabinet Decision - Hospital Site Approval

Tonga: Climate Resilience Sector Project Number: TON 46351-002 April 2018 Tonga: Climate Resilience...

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