APPENDIX 7 : PHYSICAL CULTURAL RESOURCES MANAGEMENT PLAN

Transcription

1 APPENDIX 7 : PHYSICAL CULTURAL RESOURCES MANAGEMENT PLAN Contents 1.0 Introduction Definitions Purpose / Goals of the Plan Timing EMP Framework Plan Revision, Review and Update Roles and Responsibilities Construction Phase Mitigation Measures Relocation of Resources Removal / Relocation Process for Graves Removal / Relocation Process for Mosques and Madrassa Resources Requiring Protection Chance Find Procedures Capacity Budget Communication and Reporting... 9 March 2011 App.7 1

2 1.0 Introduction A survey of physical cultural resources, which included religious buildings and private graves, was carried out in the Upper Cisokan Hydro Electric Power Scheme project area in No sites identified in the survey are listed by local or national authorities as having specific legal protection or significance. The sites of particular interest, due to their religious or other significance with locals and visitors, are considered to be the sacred graves, physical cultural resources. However, the numerous graves and religious buildings in the project area also require respect and protection during construction and reservoir preparation. The objective of the plan is to prevent any inadvertence loss of physical and cultural resources, or graves and religious buildings. This plan documents the physical cultural resources, private graves and religious buildings in the Upper Cisokan Hydro Electric Power Scheme project area, and includes methods and responsibilities to: 1. protect resources during construction. 2. relocate / remove graves and religious buildings as part of the resettlement and reservoir preparation process. The plan also includes Chance Find Procedures which identify what measures should be taken in the event that physical cultural resources are encountered. This plan contains the following: Roles and responsibilities of the project owner PLN, consultants, contractors and government departments List of surveyed physical cultural resources, graves and religious buildings from Protection of resources during the construction phase Relocation process for resources Chance find procedure Capacity and Training Budget Review process March 2011 App.7 2

3 1.1 Definitions Physical cultural resources: Important sources of valuable historical and scientific information, assets for economic and social development and integral parts of a people s cultural identity and practices. Private graves: one or more burial plots of the recently deceased, usually members of the family or local community, but with no sacred, cultural or religious significance to the wider community. Religious buildings: mosque, madrassa, and musholla; buildings where religious or holy ceremonies take place. 1.2 Purpose / Goals of the Plan To protect physical cultural resources and other resources of cultural or spiritual significance to the host communities from damage during construction. To relocate, remove or replace physical cultural resources and other resources of cultural or spiritual significance to the host communities that will be inundated by the reservoirs, in a manner that is respectful to the community in accordance to religious protocols and Indonesian law. 1.3 Timing The final plan shall be in place at least two months prior to the start of the resettlement process, and will remain operative through the pre construction, construction and inundation phases of the scheme. 1.4 EMP Framework This EMP fits within the Upper Cisokan Hydro Electric Power Scheme EMP during the Construction Phase framework as shown in the following diagram. March 2011 App.7 3

4 Figure 1 Construction Phase EMP Framework Key: March 2011 App.7 4

5 All procedures in the Upper Cisokan Hydro Electric Power Scheme EMP remain relevant to this Plan, and will be followed. The other management plans within the overarching project EMP framework that are relevant to the development and implementation this Plan, are: Construction Workers Camp Management Plan Access Road Construction Environmental Management Plan Reservoir Land Clearance Plan Transmission Line Environmental Management Plan Social and Community Management Plan Outside of the EMP framework, this Plan should not be inconsistent with the Land Acquisition and Resettlement Plan (LARAP) for the Upper Cisokan Hydro Electric Power Scheme. The LARAP provides the detailed protocols for compensation, grievances, relocation of public and private buildings and resources and the resettlement of households and communities. 1.5 Plan Revision, Review and Update The plan is a dynamic document, which may be subject to change or modification as a result of chance findings. The review procedures for changes or other alterations are the same as in the Upper Cisokan Hydro Electric Power Scheme EMP. This Plan is a controlled document; subsequent versions shall be documented in this section, with a brief summary of changes. This is Draft Version 1: For internal review. 2.0 Roles and Responsibilities The responsibilities for the development, implementation and supervision of the Plan are summarized in the table below. POSITION RESPONSIBILITIES PLN PHJ (Environmental Unit) 1. Overall responsibility for legal compliance. 2. Supervision of the Supervising Engineer, including approval of the final plan and any future revisions. 3. Plan funding. 4. Providing coordination between the requirements of the LARAP and the requirements of this Plan. Supervising Engineer 1. Finalization of this plan. 2. Supervision of the Contractor. 3. Working in accordance with the Plan. March 2011 App.7 5

6 4. Communicating and reporting incidents, monitoring and other information to PLN and the relevant government agencies as required. 5. Managing the removal of physical cultural resources, graves and religious buildings in coordination with the procedures and timing of the LARAP. 6. Supervising the protection of the physical cultural resources, graves and religious buildings that will not be moved. 7. Reviewing the performance of the Plan and making any changes that may be appropriate for improving the management of physical cultural resources, graves and religious buildings. 8. Checking compliance of the project activities with the EIA and conditions of the ANDAL approval. 9. Address complaints from the communities via a complaints management process. Lead contractor 1. Preparation and implementation of various sub plans, consistent with this document. 2. Maintaining and keeping all administrative and environmental records in accordance with the Plan the reporting of these records to the Supervising Engineer. 3. Working in accordance with the Plan, in particular the Chance Find Procedures. 4. Physical cultural resources protection, monitoring and management, for resources that will not be moved. 5. The protection, monitoring and management of graves and religious buildings. 6. Comply with all relevant laws and regulations. All staff, consultants and 1. Working in accordance with the Plan, in particular the Chance Find Procedures. subcontractors 2. Making any recommendations to the Contractor, Supervising Engineer and / or PLN that may be appropriate for improving the protection of physical cultural resources. PLN may delegate any of their implementation responsibilities to the Supervising Engineer. Institutions that will act as supervisors are listed below: 1. Directorate General of Electricity and Energy Development 2. BPLHD West Java Province 3. Environment Agency Cianjur and West Bandung Districts 4. BPN Cianjur and West Bandung Districts 5. Religious leader of the relevant sub districts Agencies that will be provided with the monitoring reports on a regular basis from PLN in accordance with the scope of duties of concerned agencies and legislation are: 1. Directorate General of Electricity and Energy Development 2. BPLHD West Java Province 3. Environment Agency Cianjur and West Bandung Districts 3.0 Construction Phase Mitigation Measures 3.1 Relocation of Resources Several physical cultural resources will be investigate by the expert (archeolog) to identify the physical cultural affected by the project that must be relocated or protected prior to construction works. March 2011 App.7 6

7 3.1.1 Removal / Relocation Process for Graves The process for the relocation of any grave or cemetery is in accordance with Islamic teachings and local customs. The consultation process will identify the specific requirements for each grave / cemetery. Key steps are: 1. Discussion with the LARAP team in terms of programming for the resettlement of the community that the grave(s) is / are located in. 2. Consultation with community and land owners for the current and proposed grave / cemetery site, and coordinate with the religious leaders. 3. A new site needs to be confirmed by the proposed land owner and the community. 4. Prior to relocation, the community will carry out Quranic readings and prayers. 5. Before excavating, involved parties will say a prayer for the deceased. 6. Continue with excavation. 7. The remains of the deceased will be put in a white sheet. 8. The new location should be marked so it can be easily recognized by the family and community, even if only in the form of a stone or tree. 9. Say a prayer in the new location Removal / Relocation Process for Mosques and Madrassa The relocation of religious buildings is undertaken in accordance with the teachings and ordinances of Islam, and needs and habits of local residents and visitors to the buildings. The key steps are to: 1. Discuss the program with the Resettlement Implementation Team (RIT) for the resettlement of the community that the buildings are located in. 2. Prove ownership of the land and clearly identify the community who belongs to, or uses, the facilities. 3. Consult with each community and land owner, regarding how to relocate or rebuild the facility in a manner and within timeframes that will lead to the least disruption to religious activities. 4. Removal and rebuilding or relocation of facilities should coincide with the LARAP process for the community and land owner, and be complete prior to construction. 3.2 Resources Requiring Protection The following physical cultural resources, graves, and religious buildings will remain in place, and must be protected and monitored during construction. March 2011 App.7 7

8 Key management measures are: 1. Fencing around the perimeter of the grave, cemetery or rock. 2. Signage at the site. 3. Education of workers and site visitors of the location and importance of the sites, and the need to protect the sites from damage from construction. 4. Providing safe access to visitors to the key sites listed above, during the relevant holy periods. This includes placing warning signage along visitor routes regarding the risks of the nearby construction sites and providing safe alternative visitor routes that avoid work areas. 5. Regular observational monitoring (monthly or weekly, based on the proximity of the resource to the work area) to record the condition of the resource and any damage. Remedial works should be carried out as necessary. 6. Providing a complaints service for the public / community to report physical damage or disruption of religious activities. 7. Educating workers regarding the significance of the sites and the necessary protection measures. Where damage has been done, or where complaints have been made by locals or the public to the Contractor, these must be reported to the Supervising Engineer and an action plan proposed to mitigate or otherwise reinstate the physical cultural resource. Professional advice shall be called upon where necessary to provide a suitable action plan. 4.0 Chance Find Procedures If any person discovers a physical cultural resource, such as (but not limited to) archeological sites, historical sites, remains and objects, or a cemetery and/or individual graves during excavation or construction, the Contractor shall: 1. Stop the construction activities in the area of the chance find; 2. Delineate the discovered site or area; 3. Secure the site to prevent any damage or loss of removable objects. In cases of removable antiquities or sensitive remains, a night guard shall be arranged until the responsible local authorities take over; 4. Notify the Supervising Engineer who in turn will notify PLN and the responsible local authorities immediately (within 24 hours or less); 5. Responsible local authorities are in charge of protecting and preserving the site before deciding on subsequent appropriate procedures. This would require a preliminary evaluation of the findings to be performed by archeologists. The significance and importance of the findings March 2011 App.7 8

9 should be assessed according to the various criteria relevant to cultural heritage; those include the aesthetic, historic, scientific or research, social and economic values; 6. Decisions on how to handle the finding shall be taken by the responsible authorities. This could include changes in the layout (such as when finding an irremovable remain of cultural or archeological importance) conservation, preservation, restoration and salvage; 7. Implementation for the authority decision concerning the management of the finding shall be communicated in writing by relevant local authorities; and 8. Construction works could resume only after permission is granted from the responsible local authorities concerning safeguard of the physical cultural resource. 5.0 Capacity The Supervising Engineer must have capacity to manage the processes in the plan. At a minimum, expert opinion should be sought from government agencies or specialist consultants for the following: Issues with relocation / removal that cannot be resolved through the procedures in this plan. Restoration of damages to physical cultural resources or graves caused by construction related activities. 6.0 Budget See EMP appendix Communication and Reporting Reporting and review is as per the Upper Cisokan Pumped Storage Scheme EMP reporting and management plan review procedures, except where additional procedures are documented in this Plan. The Contractor shall report all records on observational monitoring, protection measures, complaints, and damages to the Supervising Engineer on a quarterly basis. The Supervising Engineer shall report their supervision records and the Contractor s records to PLN and the government agencies on a quarterly basis. March 2011 App.7 9