Strengthening Safeguards Capacity in the Pacific Independent Evaluation Department

Asian Development BankIndependent Evaluation Department

Asian Development Bank

Strengthening Safeguard Capacity in the Pacific Independent Evaluation Department

Asian Development Bankhttps://www.adb.org/documents/strengthening-safeguard-capacity-pacific

About IEDIED’s mandate is to undertake evaluation activities to understand whether resources have been well spent, and whether the planned outcomes have been achieved.

IED reports to ADB’s Board of Directors.

Evaluation documents• Corporate Evaluations

• Thematic Evaluations

• Country Assistance Performance Evaluations

• Project/TA Performance Evaluations

• Validations of ADB self-evaluations

https://www.adb.org/site/evaluation/main

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The Pacific ChallengesThe region faces unique, inter-related and complex development problems, which make safeguards implementation particularly challenging

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Logistics and connectivity

Climate change risks are intensifying

Conflict and security

More pressure for population mobility

Land tenure

Attracting and retaining skills

Safeguard policiesManaging uncertainty and risk resulting from development projects

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ADB Safeguard Policy (2009)

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Objectives:• identify and assess impacts early in the project cycle; • avoid, minimize, mitigate; • inform and meaningfully consult

Types: • Environment (ENV), • Involuntary Resettlement (IR), • Indigenous Population (IP)

Categories: • A (adverse, irreversible, diverse, or unprecedented); • B (less adverse); • C (minimal or no impact); • Financial Intermediaries

Other mandate:• To develop and promote Country Safeguard Systems (CSS)

ADB in the Pacific14 countries with combined financing of $530 million (2018 – 1.5% of ADB total portfolio); mostly transport; no safeguard category A projects

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Regional, 1%

Marshall Islands, 1%

Samoa, 4%

Solomon Islands, 2%

Timor-Leste, 10%

Tonga, 3%

Tuvalu, 1%

Vanuatu, 5%

Cook Islands,

2%Fiji, 7%

FSM, 1%

Kiribati, 2%Nauru, 3%

Palau, 1%

Papua New Guinea, 56%

By Country, 2018

Water, 6%

Education, 2%

Energy, 13%Finance

, 1%

Health, 10%

Industry and Trade, 1%

ICT, 4%

Multisector, 1%

Public Sector Management

, 3%

Transport, 59%

By Sector, 2018

0

61

24

2

12

05

81

1

12

0

32

55

1

11

0

20

40

60

80

100

A B C FI NC A B C FI NC A B C FI NC

Environment IndigenousPopulation

InvoluntaryResettlement

By Safeguard Classification, 2010-2017

Source: ADB

The evaluationExamines ADB’s support for strengthening CSSs and capacity for ENV and IR safeguards in the Pacific region.

Projects covered• 8 TA projects focusing on improving the country safeguard

systems (5 countries, $2.6 million)

• Supports: (i) countries’ legal and institutional capacity assessments; (ii) draft environment/land acquisition legal amendments and/or guidelines; (iii) training and capacity building

Outcomes of interest and theory of change• Strengthened domestic regulations

• Strengthened institutional capacity

• Greater use of country safeguard systems

• Improved development coordination

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Title Completion AmountCountry Safeguard Review in PNG Sep-12 $250,000 Strengthening the Regulatory Framework for Environment Impact Assessment in Timor-Leste

Feb-13 $350,000

Developing Resettlement Safeguards Capacity in the Transport Sector in Timor-Leste

Feb-13 $350,000

Strengthening Implementation Capacity for EIA in Vanuatu Nov-15 $265,000

Strengthening Safeguard Capacity in the Urban Sector Jan-15 $220,000 Strengthening Country Safeguard Systems in the Transport Sector in the Solomon Islands

Sep-14 $600,000

Supporting Good Governance through Safeguard in the Solomon Islands

Apr-16 $300,000

Institutional Strengthening of Environmental Safeguards in Vanuatu

Apr-17 $225,000

TOTAL $2,560,000

Source: ADB Source: IED reconstruction of ADB project documents

Findings

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(1) Equivalence analysisCountry safeguard systems on ENV have major differences with SPS in important areas. IR equivalence assessments are more difficult to interpret

Environment Involuntary resettlement

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40.0%

33.3%

32.5%

51.3%

34.7%

37.5%

43.5%

36.3%

30.0%

32.0%

22.5%

23.2%

31.3%

18.8%

33.3%

0.0% 10.0% 20.0% 30.0% 40.0% 50.0% 60.0% 70.0% 80.0% 90.0% 100.0%

KIR

PNG

SOL

TIM

VAN

Full equivalence Partial equivalence No equivalence

0.0%

2.8%

5.3%

37.8%

5.3%

23.7%

13.9%

26.3%

18.9%

23.7%

76.3%

83.3%

68.4%

43.2%

71.1%

0.0% 10.0% 20.0% 30.0% 40.0% 50.0% 60.0% 70.0% 80.0% 90.0% 100.0%

KIR

PNG

SOL

TIM

VAN

Full equivalence Partial equivalence No equivalence

Source: IED staff calculation based on TA consultant reports. KIR = Kiribati; PNG = Papua New Guinea; SOL = Solomon Islands; TIM = Timor-Leste; VAN = Vanuatu

(2) Land ownership and means to secure land accessCustomary land is the dominant land ownership, and negotiated purchase is the preferred mean

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>99% Lease

65% Neg. Purchase

97% Acquisition

98% Lease / Purchase

>90% Lease

45% Lease

98% Lease / Purchase

81% Acquisition

88% Lease

0% Neg. Purchase / Acquisition

95% Lease

Source: AusAid (2008)

Share of customary land in the country and the dominant means for the government in of securing land access

Comparative cases on accessing land

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Solomon Islands PNG Timor-Leste Sri Lanka NSW Australia% customary land 98% 97% Most No 1 % Native Title

Is customary land legally protected?

Yes Yes No No Yes

Legal basis for accessing land in the public interest

• Constitution• Environment Act• Town and Country

Planning Act• Lands and Titles Act

• Land Act• Lands Acquisition

(Development Purposes) Act

• National Land Registration Act

• Environment Act

• Land Law • Expropriation Law (Neither is operational)

• Land Acquisition Act • Land Acquisition

Regulations • Payment of Compensation

Regulations• National Environmental Act

• Land Acquisition Act

Is expropriation permitted by Law?

Yes Yes Yes (but 2017 Law is not operational yet)

Yes Yes

Actual Means of Accessing Land

Negotiated Settlement Expropriation or Negotiated Settlement

Negotiated Settlement Expropriation (LAA Urgency Clause)

Est 80% by negotiated settlement

% non-equivalence with ADB SPS

68% 83 % 43 % 40 % (est.) N/A

Key Issues • Urbanisation • State support for customary

land institutions/processes• Unregulated access • Unaccountable

representatives. • Law and order

• Expropriation is controversial and does not speed up access

• Land records • Contested land boundaries • Land valuation • Unaccountable

representatives• Law and order

• Equivalence analysis is based on laws which are not used.

• Land Tenure• Customary land recognition• Land records

• People can be displaced without compensation at short notice

• Compensation method• Negotiation process, prior

information • Hardship provisions

Negotiated settlement is preferred in many countries, even when the laws permit compulsory acquisition

(3) Negotiated settlement is time consuming, though

12Local community put namele leaves (“taboo”) in a project sites following a misunderstanding with the contractor

Identifying eligible owners

Prolonged negotiations

Misunderstandings often occur

Compensation issues

Assessments of ADB Support

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Has ADB support been effective?The TA projects have helped in certain areas, but not as effective as intended

What has been achieved and has not

Legal amendments supported by ADB TAs

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• Timor-Leste Land Expropriation and Land Ownership Laws (2017)

• Vanuatu Environment Protection and Conservation Act (submitted to the Parliament, 2017)

• Solomon Islands Environment Act (currently being discussed by the government)

• Timor-Leste Environment Basic Law and Environment License Laws (not yet amended)

• Solomon Islands Land and Titles Act (not yet amended)

• PNG Environment Act (2014 but unrelated to the TA)

Technical guidelines and standards are available

Legal amendments

Improved knowledge of government staff

Improved institutional capacity (staff, budget)

Greater use of CSS in development projects

Better coordination and harmonization

Other assessments and recommendations for ADBWhich may apply to other development partners

AssessmentsDesign shortcomings. The TA projects did not address some knowledge gaps in the areas of involuntary resettlement, indigenous people and development partnership frameworks

• Invest in more knowledge on land issues, including the customary land arrangements

• Provide support to improve the enabling framework for negotiated settlement

• Conduct more pronounced indigenous people assessments and implementation

• Continue the initiative to develop the common safeguards framework

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Recommendations

Sustainability. The problems of high staff turnover and low incentives to attract and retain skills are still the issues faced by the Pacific countries

• Continue supporting the long-term safeguards institutional and capacity development

Thank YouAri Perdana, Evaluation Specialist, IEDaperdana@adb.org

https://www.adb.org/site/evaluation

https://www.adb.org/documents/strengthening-safeguard-capacity-pacific