Re-Advertisement Land and Property Acquisition External Monitor – LPAEM (International)

República Democrática de Timor-Leste

Ministério das Finanças

“Seja um bom cidadão, seja um novo herói para a nossa Nação”**

Ofício No: 302 /Gab.DGSC/MoF/VIII/2022

Dili, 13 May 2022

*RE-ADVERTISEMENT*

*TERMS OF REFERENCE*

Job Title: Land and Property Acquisition Eternal Monitor- LPAEM (International) – 1 Post

Purpose: This position will responsible to ensure implementation of the Land Acquisition and Compensation Support Plan (LACSP) proceed according to applicable international standards and Government’s Regulations

Reporting to: Director General, DGMMER through IPMU Manager, and Director National of Public-Private Partnership (DNPPP) when required.

Counterpart(s): National Directorate of Public-Private Partnership (NDPPP) Environmental and Social Safeguarding Specialists and other key staffs as assigned by manager

Classification: C3.3. Specialized Professional

TOR Reference: January 2021

Duration: 12 months with possibility of extension based on the performance and organisational needs.

Location: IPMU for Presidente Nicolau Lobato International Airport, Dili, Timor Leste

I. BACKGROUND OF THE PROJECT

The Government of Timor-Leste has requested Asian Development Bank (ADB) assistance for Stage 1 of the expansion of President Nicolau Lobato International Airport (PNLIA). The proposed President Nicolau Lobato International Airport Expansion Project (the Project) will involve:

(i) extension of the existing 1,850 m runway to 2,100 m1, including a 166 m seaward extension;

(ii) runway widening from 30 m to 45 m, and increase of runway strip protection width from 150 m to 280 m;

(iii) new taxiways with dimensions to cover Code C aircrafts;

(iv) reconfiguration of aprons; and, (v) relocation of the air traffic control tower. The Executing Agency (EA) of the project is the Council for the Administration of the Infrastructure Fund (CAFI) and the Implementing Agency (IA) is the Ministry of Transport and Communications (MOTC).

In addition to ADB financing, the development of the Project will come from different sources, including – (i) JICA Grant for the terminal components and (ii) Government counterpart financing to complement ADB financing and to cover VIP terminal as well as other sources of financing from Department of Foreign Affairs and Trade (DFAT) Australia and the World Bank to cover other components and the next phases of the development. Operation and management of the upgraded infrastructure will be contracted out to the private operator through a Public Private Partnership (PPP) arrangement with the PPP feasibility study and transaction structuring being prepared in parallel with the development.

For the purpose of overseeing the implementation the project, the Inter-Ministerial Committee (IMC) for the PNLIA development has decided to create a dedicated Integrated Project Management Unit (IPMU), to be established and staffed for that purpose. The IPMU is an implementation structure with temporary nature, created by the Government and report directly to the inter-ministerial commission, to undertake the technical and management of the execution of the PNLIA development project in all its components and phases. The IPMU will be staffed with personnel from relevant agencies and national and international professionals in technical/financial/legal and social/environmental aspects who will attend to the day-to-day aspects of PNLIA development including preparation of procurement processes, recruitment of consultants, contract management as well as actively involved in the preparation of the PPP transaction.

II. Selection Criteria

Essential

1. Master degree, or equivalent in land and Property Management, property Valuation, community development, anthropology, Sociology or other related fields;

2. At least 10 years’ experience in land acquisition and/or resettlement plan preparation, implementation and addressing land and property acquisition issues for development projects in the South East Asia Region;

3. Knowledge of ADB Safeguard Policy Statement 2009 is required;

4. Demonstrated experience on resettlement monitoring for projects funded by international funding agencies (WB, ADB, IFC, or JICA).

5. Must have intensive and extensive knowledge in the social sciences or relevant fields – having at least 10 years of working experience including at least 5 years of working experience in LACSP implementation monitoring or having been involved in RP/updated RP preparation and monitoring for at least 5 year at internationally funded projects

6. Regional experience and knowledge of ADB’s Safeguard Policy Statement (2009) and IFC Performance Standards 5 are required;

7. Some knowledge of Infrastructure Development and Planning, Budgeting and Public Financial Management in Timor-Leste;

8. Excellent communication and interpersonal skills;

9. Demonstrated proficiency in using IT applications such as MS Word, Excel and Access

Desirable

1. Ability to use GPS tracking system, Geographic Information System (GIS) software
2. Knowledge of Portuguese and Tetum and/or Bahasa Indonesia

III. Scope of Work

DUTIES AND RESPONSIBILITIES | PERFORMANCE INDICATOR

1. Provide periodic review (every quarter) and assessment of: (a) achievement of resettlement objectives; (b) changes in living standards and livelihoods; (c) restoration and/or improvement of the economic and social base of the affected persons; and (d) Effectiveness and sustainability of entitlements.
   1.1. Timely and quality report provided with evidence based assessment.
   1.2. Ensure to accurately measured, identified and recorded in the census of the monitored/ assessed losses of affected or eligible persons;
   1.3. Accurate reporting on recording of Inventory of Losses (IoL) from Affected Households (AHs)
2. Provide External monitoring and assessment of land acquisition, compensation and resettlement activities include: 1. Desk review but not limited to the following: draft and updated LACSPs, DMS and detailed compensation agreements for affected households, socio-economic baseline of affected households especially the poor and vulnerable groups, IRP, and internal monitoring progress reports; 2. Review of socioeconomic data prepared during LACSP planning and updating; 3. Conduct a Participatory Rapid Appraisal (PRA), which will involve various approaches to ensure the effectiveness of the external monitoring and assessment;
   2.1. Ensure that documents are requested officially from the IPMU and obtained by the LPAEM prior to the conduct of any site visits.
   2.2.1. DMS data, socioeconomic data prepared and additional data compiled and carried out properly, timely, accurate and sufficient,
   2.2.2. Ensure to provide baseline data to be used during compliance monitoring and also during post-resettlement evaluation;
   2.2.3. Post-resettlement evaluation should include sampling at least 100% of severely affected and vulnerable households, as well as at least 30% of all other Aps;
   2.2.4. The database should be disaggregated information by gender and vulnerability (Special attention will be paid to the inclusion of women, ethnic groups, the very poor, the landless and other vulnerable groups, with set questions for women and other target groups)
   2.3.1. Key informant interviews, including consultations with local managers, resettlement boards, implementation agencies, and relevant local mass organizations.
   2.3.2. Focus group discussions (FGDs) on specific topics such as compensation payment, income restoration and relocation.
   2.3.3. Community public meetings to discuss community losses, sufficiency of compensation and assistance provided by the project, etc.
   2.3.4. Direct field observations, including new locations of relocated households.
   2.3.5. Formal and informal interviews with affected households, women, and other vulnerable groups to monitor and assess the progress the APs are making to restore their living standards.
   2.3.6. In-depth case studies of problems identified by internal or external monitoring and that require special efforts to resolve and close monitoring.
   2.3.7. Official meetings/discussions with resettlement implementation agencies and local authorities on land acquisition, compensation and support issues and procedures.
3. Monitor that losses are accurately measured and recorded with participation of affected persons and that all eligible persons are identified and included in the census.
   3.1. Accurate reporting on recording of Inventory of Losses (IoL) from Affected Households (AHs).
4. Examine if the entitlements for compensation and assistance envisaged in the Updated Land Acquisition and Compensation Support Plan (ULACSP) for the affected households (AHs) are provided compliantly.
   4.1. Reporting on implementation of compensation and assistance stipulated in the ULACSP.
   4.2. Ensure to provide compensation and assistances provisions are provided timely and compliantly with those envisaged in the ULACSP;
5. Accurately assess that the standard of living of AHs are restored or improved.
   4.1. Assessment of achievement of restoration or improvement to the standard of living are based on clear definition of standard of living according to local Timor Leste’s context;
   4.2. Income restoration and livelihood development are provided timely and effectively;
   4.3. Ensure to provide consultations with affected households (AHs) and their knowledge on the entitlements are conducted timely and meaningfully;
6. Based on assessment and consultation with affected people, propose necessary measures to mitigate losses and impacts experienced by AHs if shortcoming is noted in the ULACSP provisions.
   5.1. Useful and implementable recommendations on remedial and/or corrective measures when necessary.
   5.2. Measures recommended should be in-line with applicable international standards.
7. Assess the adequacy of consultation and disclosure activities in the context of ADB’s Safeguard Policy Statement 2009 (SPS) requirements.
   6.1. Time-bound corrective actions and specific measures proposed if there are any emerging or non-compliance issues as required.
8. Monitor and access the effectiveness of the grievance redress mechanism (GRM) – that it is accessible, transparent, and effective in responding to APs’ complaints and concerns in a timely manner.
   7.1. Improvement to the effectiveness of the GRM procedures identified and Implementable measures proposed.
   7.2. Ensure to timely and effectively resolved grievances related to land acquisition and resettlement.
9. Assess and report on the institutional capacity of agencies implementing compensation and assistance measures and propose measures to address any shortcoming
   8.1. Clear description of institutional capacity of agencies and identification of measures to address shortcomings.
10. Identify and clearly report on good practices and lessons learned.
    9.1. Good practice and lessons learned well documented and disseminated among relevant stakeholders.
    Based on the ULACSP agreed between Government of Timor-Leste and ADB, the LPAEM will have to perform following tasks:
11. Provide periodic assessment and review of: a. procedure, establishment and announcement of the project’s cut-off date and the site management prior to land acquisition b. procedures and details of detailed measurement survey (DMS), and preparation of compensation agreements for the affected households. c. documentation of impacts, timing, and transparency of payments of compensation and support to the affected households, information disclosure, public consultation and awareness of resettlement policy and entitlements.
    10.1. Timely and quality report provided with evidence based assessment.
12. Assist in reviewing the replacement cost compensation and provision of entitlements envisaged in the ULACSP to affected persons, including relocation assistance and income restoration to severely affected households and vulnerable affected households. These also includes relocation arrangements and settlement of relocation households in the new areas.
    11.1. Reporting on implementation of compensation and assistance stipulated in the ULACSP.
13. Assess and review planning and implementation of income restoration program, compensation and assistance for affected non-titled land users.
    12.1. Ensuring the work carried out on income restoration program is followed the exact procedures.
14. Provide accurate assessment on the coordination of resettlement activities with construction schedule, land acquisition and transfer procedures and level of satisfaction of APs with the provisions and implementation of the ULACSP.
    13.1. Identification of good coordination among resettlement activities is provided and quality advice presented
15. Scrutinizing the grievance redress mechanism (functioning, accessibility, documentation, process, resolution). Assess and review the effectiveness, impact and sustainability of entitlements and income restoration programs and the need for further improvement and mitigation measures, as required. These include land title issues and process of land title granting, if any.
    14.1. Adequate examination of GRM provided with clear recommendations
    14.2. Improvement to the effectiveness, impact and sustainability of entitlements and income restoration programs identified and implementable measures proposed.
16. Assess the capacity of APs to restore/re-establish livelihoods and living standards.
    15.1. Accurate assessment prepared and useful recommendation provided with clear follow up actions.
17. Examine if the special attention severely affected, women, poor households, affected land-titled land users, and other vulnerable households are provided accordingly.
    16.1. Compliance with resettlement policy/human rights policy within Timor-Leste context where affected people are treated equitably.
18. Accurately assess if the resettlement impacts caused during construction activities and application of mitigation measures are in line with project resettlement policy.
    17.1. Compliance with agreements and resettlement policy and procedures.
19. Assess and review the participation of APs during resettlement plan updating and implementation (during consultations and disclosure activities, DMS, review of detailed compensation plans, provision of compensation, relocation, and restoration of livelihood, and grievance redress process and settlements).
    18.1. Comprehensive assessment on the participation of APs during updating and implementation of resettlement plan is prepared.
    18.2. Constructive feedback is presented for improvement
20. Assess the capacity of LACSP implementing agencies to implement, monitor and prepare internal monitoring reports and budget allocation, transfer, and payment to the APs.
    19.1. Clear description of the capacity of implementing agencies and identification of measures to address shortcomings.
21. Assist with other functions as directed by the IPMU manager.
    20.1. Promptness and quality of advice and support.

IV. Key Deliverables

**In accordance with the performance indicators listed above

· Within four weeks of commencement, develop an Activity Work Plan that is consistent with the relevant activities and performance indicators of the Ministry’s 5 Year Plan and submitted to the Manager of IPMU for approval;

· Updated LACSP and LACSP addendums(s)1[RP addendum will be required to cover any unanticipated land acquisition and resettlement impacts that were not identified during preparation of the draft and updated RP (e.g., based detailed engineering design).[] as required;

· All LPAEM reports (inception, quarterly, and post-evaluation) will be simultaneously submitted to the IPMU and ADB within 30 working days from completion of monitoring activity. Revision of reports will have to be made and resubmitted simultaneously to the IPMU and ADB within 15 working days from receipt of comments from the IPMU and ADB.

o Inception report, including but not limited to: (1) findings of review of baseline data; and (2) monitoring methodology and detailed work plan (in terms of sampling, timing, budget, and other required resources).

o Quarterly monitoring reports, including but not limited to:

§ (1) methods used by the LPAEM during the monitoring period;

§ (2) progress of land acquisition and resettlement implementation, including any deviations from the provisions of the ULACSP;
§ (3) identification of problem issues and recommended corrective actions to inform the IPMU and resolve issues in a timely manner;

§ (4) identification of specific gender issues, as relevant;

§ (5) report on progress of the follow-up of issues and problems identified in the previous reports;

§ (6) good practices and lessons learned that might be useful for future activities; and,

§ *(*7) resettlement budget report.

· Capacity-building plans, as needed;

· Documentation of capacity-building activities/trainings carried out;

· Documentation of consultations with AHs and other stakeholders;

· Quarterly internal social monitoring reports;

· The external monitor’s quarterly SMRs should be submitted to ADB and the IPMU by the end of the month following the end of each monitoring period/quarter;

· Corrective action plan(s) as needed.

· Monthly and Quarterly Progress Reports to the Manager of IPMU against the agreed Work Plan;

· End of Assignment report to Manager of IPMU no later than 10 working days prior to the end of contract.

V**. Performance Evaluation**

The performance of the incumbent will be appraised and evaluated by the Manager of IPMU, using the Performance Appraisal System put in place and monitored by the National Directorate of Human Resource (NDHR), GDCS, Ministry of Finance. This process will include a probation review within two (2) months of the commencement of the contract, regular reporting, ongoing workplace communications and annual performance appraisal. Performance indicators are in place for all areas within the Ministry, and the incumbent’s work will be contributing to the achievement of the priorities as set out in their TOR and in the Ministry’s Five Year Plan.