Table 2. Gap Analysis of Environmental and Social Assessment Requirements E&S Principle Scope/Topic WB Policy GOI Regulation Gap Identified Addressed in the ESMF OP 4.01 Environmental Assessment Reference to legal and administrative framework such as international environmental treaties, agreement, international standard policies, etc OP 4.01 paragraph 3 OP 4.01 (Annex B) EA takes into account obligations of the country, pertaining to project activities under relevant international treaties or agreement. Ministry of Environment Regulation No. 16/2012 section G.5 and B.4.a, stipulated that other data and information required in reporting environmental document shall be incorporated including reference to other requirements. Lack of reference to legal and administrative framework such as international environmental treaties, agreement, international standard policies etc. The current regulation only refers to “other data and information”. The ESMF follows OP 4.01. The subproject environmental document will also cover this gap and follow OP 4.01. Project area of influences OP 4.01 paragraph 2 OP 4.01 (Annex B) EA evaluates a project’s potential environmental risks and impacts in its area of influence, identifies ways of improving project selection and sitting etc. Ministry of Environment Regulation No. 16/2012 section B.4.c, requested project proponent to provide information in detail on this aspect with “map, scale of operation and activities component” that could be used to determine the project area of influence, availability of ancillary facilities and associated facilities during UKL UPL preparation as good practice. However it does not state about the project’s area of influence outside the project’s footprints. Lack of analysis about project area of influence, ancillary facilities, induced impacts and site selection analysis for activities require environmental monitoring & management. The subproject environmental document will cover the project area of influence as per OP 4.01. Environmental Impact Screening OP 4.01 paragraph 8 OP 4.01 (Annex C) Environmental screening of each proposed project to determine the appropriate extent and type of EA. Ministry of Environment Regulation No. 16/2012 section 4.C regulates the requirement to evaluate all possible impacts from the project and prepare mitigation measures to tackle those issues. Minister of Public Works Regulation no.10/PRT/M/2008 on Environmental screening based on technical thresholds only will result in inappropriate extent and type of EA. The subproject environmental document will include the environmental impact screening as stipulated at Section 2.2.of the ESMF.
prior and informed consultation. the land. Consultation as specified in the LARPF and LARAP should be consistent with the IPPF (free, prior and informed consultation, broad community support), specifically tailored to the local context and the characteristics of the affected persons (see Annex 6). IPPs will also be prepared to address OP 4.10 requirements. OP 4.11 Physical cultural resources Physical Cultural Resources Management Plan OP 4.11 – Paragraph 17. (For projects in which the physical cultural resources management plan incorporates provisions for safeguarding physical cultural resources, supervision missions include relevant expertise to review the implementation of such provisions.) Law No. 5/1992 regarding Cultural Property (Benda Cagar Budaya) will be applied. It defines a cultural property “of important value for history, science, and culture", as being “a man-made object or group of objects”; movable (bergerak) or immovable (tidak bergerak); aged at least fifty years or natural objects with high historical value. Law No. 11 of 2010 Cagar Budaya No. 11/2010) on National Heritage, No gaps identified.
Resettlement Cost. The full costs of resettlement activities necessary to achieve the objectives of the project are included in the total costs of the project. Budget plan is part of land acquisition plan but tend not considering the resettlement cost. Resettlement cost is not well described in government regulation LARPF and LARAP require that costs for land acquisition and resettlement is budgeted Consultation and Complaint Procedure. Displaced persons should be meaningfully consulted and should have opportunities to participate in planning and implementing resettlement programs (2.b) Grievance mechanism should take into account availability of judicial recourses and community and traditional dispute settlement mechanism Consultation to the Project Affected People needed to get permit for the proposed location of the project. There is no prior consultation before negotiation on option of compensation. The grievance redress mechanism is clearly described and within the court it will follows the court procedure. Understanding the limitation and over burden of the court system, the effectiveness of the implementation still in question No prior consultation or public consultation before negotiation on option of compensation LARPF and LARAP require consultation and implementation of GRM. Overall, the project has GRM in place as a continuation of the well-functioning GRM system of the SIMURP. Monitoring of outcomes. Requirement to carry out adequate monitoring and evaluation of all activities set out in the resettlement plan Assess whether the objectives of the resettlement instrument have been achieved, upon completion of the project, taking account of the baseline conditions and the results of resettlement monitoring Monitoring and evaluation covers the occupation, ownership, utilization and benefit of the result of land acquisition without clear on when, how and what correction measure could be enforced. Not clear when, how and what correction measure could be enforced LARAP specify the requirement of monitoring of land acquisition and resettlement activities. Overall, the project is required to monitor and report the preparation and implementation of LARAP (and ESMPs and IPPs as well)
Environmental and Social Screening Tools To determine the level of impacts on the environment and social, then screening is done by using matrix risk assessment. The use of risk assessment is done because this screening is quite simple and can be done quickly. The assigned categories are based on a risk assessment matrix of likelihood and severity of the consequence of impact. This matrix will indicate an environmental classification as extreme risk, high risk, moderate risk, and low risk based on scoring. These risks are based on activities without the mitigation measures that will be addressed in the Environmental and Social Management Plan (ESMP) for each of the sub-project. Each likelihood and consequence will be scored based on the conditions in the field. The information of scoring is explained in the below table. Table 3. Scoring Explanation for Likelihood and consequence Score Likelihood Consequence 1 Rare: unlikely to occur during the construction phase Minor: no or minimal adverse environmental or social impacts i.e. little noticeable effects on ecosystem 2 Unlikely: May occur once or twice during the construction phase Moderate: limited adverse impacts on the environment or on surrounding communities i.e. short-term minor changes in ecosystems 3 Likely: likely to occur more than once or twice during the construction phase Major: major damage to the environment or to surrounding communities i.e. significant effects on ecosystem, with isolated deaths of non-vulnerable flora and fauna 4 Certain: will occur more than once a week Catastrophic: unprecedented damage or impacts involving the environmental or surrounding communities i.e. widespread effects on ecosystems, with deaths of fauna/flora The level can be justified by the scoring. The score of 1 until 3 fall into the low risk category. The score of 4 – 8 fall into the moderate risk category. The score of 9 – 12 fall into the high-risk category. The score of 16 fall into the extreme risk category. The low risk category is showing there is no impact or very low impact or it can be reversible and the extreme risk category is showing the impact is extreme high and it spread widely. It even could give catastrophic impact to a fauna/flora or even human. The evaluation on the level of impact in SIMURP will use this assessment. Table 4. Risk Assessment Matrix Likelihood of event Severity of consequence of event Catastrophic (4) Major (3) Moderate (2) Minor (1) Certain (4) 16 12 8 4 Likely (3) 12 9 6 3 Unlikely (2) 8 6 4 2 Rare (1) 4 3 2 1
Water pollution – from dredging activity Low risk Rehabilitation of drainage Civil work Air pollution – dust impact on human respiratory system from the civil work activity Low risk Installment of the irrigation gate Civil work Water pollution – impacts from residual construction material run-off Low risk DI Talang Mobilisation of equipment, materials and labor Transportation Air pollution – Dust impact on human respiratory systems from material loss during transportation Low risk Noise pollution – impacts from vehicle movements Low risk Traffict impact – temporary traffic disruption Low risk Mobilization of labor Social jealousy between the workers and other local member of communities Low risk Demolition of the concrete structure Demolition work Air pollution – Dust impact on human respiratory systems from material loss during demolition Low risk Noise pollution – impacts from demolition Low risk Water pollution – potential additional sediment load within water system from demolition Low risk Placement of debris No additional impacts Low risk Sediment removal/dredging Dredging activity Noise pollution – from the dredging activity and transport dredging material Low risk Odor pollution – from the dredging material Low risk Air pollution – from the dredging activity and transport dredging material Low risk Water pollution – from dredging activity Low risk Rehabilitation of drainage Civil work Air pollution – dust impact on human respiratory system from the civil work activity Low risk Installment of the irrigation gate Civil work Water pollution – impacts from residual construction material run-off Low risk DI Pamukkulu Land preparation Land clearance Public unrest – unclear information to the community Low risk Social jealousy – between the PAPs and non PAPs for the land acquisition Low risk Mobilisation of equipment, materials and labor Transportation Air pollution – Dust impact on human respiratory systems from material loss during transportation Low risk
Noise pollution – impacts from vehicle movements Low risk Mobilisation of equipment, materials and labor Transportation Traffict impact – temporary traffic disruption Low risk Mobilization of labor Social jealousy between the workers and other local member of communities Low risk Demolition of the concrete structure Demolition work Air pollution – Dust impact on human respiratory systems from material loss during demolition Low risk Noise pollution – impacts from demolition Low risk Water pollution – potential additional sediment load within water system from demolition Low risk Placement of debris No additional impacts Low risk Sediment removal/dredging Dredging activity Noise pollution – from the dredging activity and transport dredging material Low risk Odor pollution – from the dredging material Low risk Air pollution – from the dredging activity and transport dredging material Low risk Water pollution – from dredging activity Low risk Rehabilitation of drainage Civil work Air pollution – dust impact on human respiratory system from the civil work activity Low risk Installment of the irrigation gate Civil work Water pollution – impacts from residual construction material run-off Low risk Construction of aqueduct Civil work Noise pollution – impact from the heavy equipment Low risk Air pollution – dust impact on human respiratory system from civil work activity Low risk Water pollution – impacts from residual construction material run-off Low risk Additional land (to be purchased from 2 land owners) Low risk DI Jurang Batu Design preparation Data collection Public unrest – unclear information in community Moderate risk Mobilisation of equipment, materials and labor Transportation Air pollution – Dust impact on human respiratory systems from material loss during transportation Low risk Noise pollution – impacts from vehicle movements Low risk Traffict impact – temporary traffic disruption Low risk
Mobilization of labor Social jealousy between the workers and other local member of communities Low risk Demolition of the concrete structure Demolition work Air pollution – Dust impact on human respiratory systems from material loss during demolition Low risk Noise pollution – impacts from demolition Low risk Water pollution – potential additional sediment load within water system from demolition Low risk Placement of debris No additional impacts Low risk Sediment removal/dredging Dredging activity Noise pollution – from the dredging activity and transport dredging material Low risk Odor pollution – from the dredging material Low risk Sediment removal/dredging Dredging activity Air pollution – from the dredging activity and transport dredging material Low risk Water pollution – from dredging activity Low risk Rehabilitation of drainage Civil work Air pollution – dust impact on human respiratory system from the civil work activity Low risk Installment of the irrigation gate Civil work Water pollution – impacts from residual construction material run-off Low risk DI Jatiluhur (SS Pamanukan & SS Macan) Mobilisation of equipment, materials and labor Transportation Air pollution – Dust impact on human respiratory systems from material loss during transportation Moderate risk Noise pollution – impacts from vehicle movements Moderate risk Traffict impact – temporary traffic disruption Moderate risk Mobilization of labor Social jealousy between the workers and other local member of communities Low risk Demolition of the concrete structure Demolition work Air pollution – Dust impact on human respiratory systems from material loss during demolition Low risk Noise pollution – impacts from demolition Low risk Water pollution – potential additional sediment load within water system from demolition Low risk Placement of debris No additional impacts Low risk
Printing paddy fields, large (flocking) ≥ 500 ha 100 ha – 500 ha Swamp development: Swamp reclamation for irrigation purposes ≥ 1.000 ha 500 ha - 1.000 ha Safety the coast development and improvemenet of the mouth of the river : - Distance is calculated perpendicular to the beach > 500 m Parallel Beach (sea wall/revetment) > 1 km Straight Coast (groin, break water) 10 m until < 500 m River Normalization (including the canal and / or water body) and manufacture of flood canal or cleaning / dredging / sedimen removal for reservoir, trunk, secondary and tertiary canals Big City / metropolitan: Lenght ≥ 5 km Volume dredging ≥ 500.000 m3 Medium City: Lenght ≥ 10 km Volume dredging ≥ 500.000 m3 Rural : Lenght ≥ 10 km Volume dredging ≥ 500.000 m3 Big City / metropolitan: Lenght 1 km until < 5 km or Volume dredging 50.000 m3 until < 500.000 m3 Medium City: Lenght 3 km until < 10 km Volume dredging 100.000 m3 until < 500.000 m3 Rural : Lenght 5 km until < 15 km Volume dredging 150.000 m3 until < 500.000 m3 Building and / or upgrading road use pavement standard bina marga with widening that requires land acquisition (excluding row) Big City/metropolitan: Lenght of road ≥ 5 km with land procurement ≥ 20 ha or Area of land procurement ≥ 30 ha Medium City: Lenght of road ≥ 5 km with land procurement ≥ 30 ha or Area of land procurement ≥ 40 ha Rural: Lenght of road ≥ 5 km with land procurement area ≥ 40 ha or Area of land procurement ≥ 50 ha Big City/metropolitan: Lenght of road 1 km until < 5 km Area of land procurement 2 ha until < 5 ha Medium City: Lenght of road 3 km until < 10 km Area of land procurement 5 ha until <10 ha Rural: Lenght of road 10 km until < 30 km Area of land procurement 10 ha until < 30 ha Building bridges with long ≥ 500 m 100 m until < 500 m The Construction of a Drainase (primary and/or secondary) in residential Big City/metropolitan with lenght of ≥ 5 km Medium City with lenght ≥ 10 km Contruction of primary and secondary ducts with lenght < 5 km. Construction of retention / polder around residential with broad pond retention / polder 1 ha – 5 ha
A Construction of new irrigated areas with an area of ≥ 3,000 ha If Yes, the initiator shall prepare the EIA document and process the environmental permit and not proceed to point B If No, Please proceed to the question in point B. Area refers to the total area of irrigation services to be undertaken. Increased irrigation area with an additional area ≥ 1,000 ha Paddy field printing, area (grouping) ≥ 500 ha Swamp development: Swamp reclamation for irrigation purposes ≥ 1,000 ha Construction of Coastal Protection and improvement of river mouth: - Distance is calculated perpendicular to coast> 500 m Normalization of the River (including sodetan and / or water body) and Flood Canal Creation or cleaning / dredging / sediment removal for reservoirs, trunk, secondary and tertiary canals: Big City / metropolitan: Lenght ≥ 5 km Volume dredging ≥ 500.000 m3 Medium City: Lenght ≥ 10 km Volume dredging ≥ 500.000 m3 Rural : Lenght ≥ 10 km Volume dredging ≥ 500.000 m3 Building and / or upgrating road use pavement standard bina marga with widening that requires land acquisition (excluding rumija) Big City/metropolitan: Lenght of road ≥ 5 km with land procurement ≥ 20 ha or Area of land procurement ≥ 30 ha Medium City: Lenght of road ≥ 5 km with land procurement ≥ 30 ha or Area of land procurement ≥ 40 ha Rural: Lenght of road ≥ 5 km with land procurement area ≥ 40 ha or Area of land procurement ≥ 50 ha Building bridges with long ≥ 500 m The Construction of a Drainase (primary and/or secondary) in residential Big City/metropolitan with lenght of ≥ 5 km Medium City with lenght ≥ 10 km Clean water network in big city / metropolitan Construction of distribution network with service area of ≥ 500 ha Contruction of transmission network with lenght ≥ 10 km B New construction irrigation with wide area 500 ha – 3.000 ha
OP: Livelihoods of LAP are recovered at least until the initial conditions (before land acquisition) Agreements and Complaints RI: there are three agreements and consultations in which each complaint handling procedure exists: (a) PAP agrees on the project site; if there are any complaints will be addressed on: (i) Preparatory Team (ii) PTUN (iii) MA; (b) LAP agrees to an inventory of land and assets if there is a bundle addressed to the Implementation Team (P2T); (c) PAP agrees on compensation (no detailed mechanism and time allocation for non-cash compensation); if there is a complaint will be addressed at (i) the implementing team for renegotiation (ii) filing the pricing agreement with the District Court (cash compensation will be granted in court) MA Agreements and mechanisms have clear complaints handling even though there is no information on timing and procedures for non-cash compensation Limited opportunity for LAP to submit complaints The ESMF includes a grievance redress mechanism for the entire project to ensure that all complaints submitted will be handled in a timely manner. LARPF also includes livelihood restoration for LAP in the form of non-cash compensation. OP: There was no discussion of the agreement with the PAP on the project site except for the affected IPs. Agreements on inventory, negotiation procedures and complaint handling procedures are outlined in the LARAP or project framework. compensation for livelihood restoration is preferred.
BPIU/Regional Office/CPIU who are responsible for following up on complaints and ensuring that they are adequately addressed. Where indigenous peoples have concerns, implementating agency will ensure that complaint handling mechanisms are formulated in a manner appropriate to their culture in close collaboration with relevant groups. Reporting, Monitoring and Documentation In addition to special attention to issues of indigenous peoples in monitoring and monitoring, the CPIU will include these in their progress reports (Quarterly reports). The World Bank's regular supervision mission will pay special attention to ensuring that subprojects affecting indigenous peoples benefit and are not adversely affected by them. Implementation settings The CPIU will be responsible for training any BPIU or local government in consultation, screening, social assessment, analysis and compilation of IPPs and any complaints handling. BPIUs from every irrigation area and local government are responsible for performing all work related to indigenous peoples and applying IPP (ensuring adequate staff and budget) under the guidance of the regional implementing unit. The BPIU can assign experts to ensure adequate IPP implementation. Monitoring of the implementation of the IPP will be conducted every 6 months by the Regional Safeguard Experts CPIU as part of the CPIU's 6 monthly monitoring report. External monitoring and evaluation can be undertaken as part of the SIMURP monitoring and evaluation process. Annex 6.1 - Regions of SIMURP Irrigation Area Implementation in Year One Area B/BWS Province Activities IP presence A Kedung Putri Serayu – Opak Central Java Improved channel and channel facilities and sediment cleaning N/A Talang Brantas East Java Improved channel and channel facilities and sediment cleaning N/A Pamukkulu Pompengan – Jeneberang South Sulawesi Making Gutters to connect BP.19 with Jenemarung area N/A
Annex 7.3 – Format of Complaint Form STRATEGIC IRRIGATION MODERNIZATION AND URGENT REHABILITATION PROJECT COMPLAIN FORM Regional Name of Irrigation: __________________________________________________ Name: Identity: Address: Phone: Receipt Date: Acceptance Time: Name of Staff receiving: location : Complaint Detail: Signature of the Parties who submit the complaint ( ) Signature of the Staff Receiving Complaints ( ) GRU Staff Signature ( ) To be filled by GRU staff Listing Date: No. Complaint. Note: Community should attached the Fotocopy ID
Mobilization and demobilization of Equipment, Materials, and personnel during civil works activities Increased dust concentration (TSP) in the air Air Quality Air quality data Air quality survey Dust impact on human respiratory systems from material loss during transportation Public Health Baseline of public health E&S IA (Environmental & Social Impact Assesment) Temporary traffic disruption due to transportation activities Transportation Baseline of transportation Transport survey Manpower recruitment activities Increase of Community’s income (labor for civil works activities) Economic impact a. Baseline of local condition b. Work Specification c. % of local recruited manpower d. Total of local workforce E&S IA (Environmental & Social Impact Assesment) Social jealousy between migrant workers with local workers Social jealousy a. Baseline of local condition b. Community concern, complaints and resolve progress a. E&S IA (Environmental & Social Impact Assesment) b. Grievance Redress Record Operation of temporary basecamp for workers Increased domestic waste from civil works manpower activities Domestic Waste a. Number of workforces in the basecamp b. Time to stay (up to the end of construction) Project Work plan Increased dust concentration (TSP) in the air Air pollution Air quality data Air quality survey
Implementation Phase Changes in operational schedules of dams Decrease of water level due to changes in operational schedules Water Quantity Turbidity, biochemical oxygen demand (BOD), total suspended solids (TSS), dissolved oxygen (DO), and temperature in water. Periodical water sampling activities (including before construction works) Community participation in tertiary canal rehabilitation Occurrence of Community’s Negative Perception due to derivative impact of the land procurement activity Social Conflict a. Community Perception b. Community concern, complaints and resolve progress a. E&S IA (Environmental & Social Impact Assesment) b. Grievance Redress Record Occurrence of social conflict due to social jealousy between participants of program and not participants Social Conflict a. Community Conflict b. Community concern, complaints and resolve progress a. E&S IA (Environmental & Social Impact Assesment) b. Grievance Redress Record