E4178 v1 I ·' DEPARTMENT OF TRANSPORTATION AND COMMUNICATIONS Social Impact Assessment of Cebu Bus Rapid Transit Project SOCIAL MANAGEMENT PLAN Final Report Social Management Plan Cebu Bus Rapid Transit Project I l Table of Contents ABBREVIATIONS/ACRONYMS .............................................................................................. iii GLOSSARY OF TERMS .......................................................................................................... iv EXECUTIVE SUMMARY ........................................................................................................... v 1.0 INTRODUCTION ........................................................................................................... 1 1.1 Project Background .................................................................................................. 1 1.2 Objectives of the Social Impact Assessment (SIA) ................................................. 2 2.0 PRINCIPLES AND METHODOLOGY FOR SOCIAL IMPACT ASSESSMENT (SIA) 2 2.1 Principles of SIA. ...................................................................................................... 2 2.2 Methodology for Social Impact Assessment ........................................................... 3 3.0 POLICY FRAMEWORK ................................................................................................ 5 3.1 Harmonized Gender Guidelines, NEDA series of 2007 ............................. .. ....... 5 3.2 Executive Order No. 273 s. 1995 Philippine Plan for Gender-responsive Development (PPGO), 1995-2025 ........................................................................... 6 3.3 DPWH Department Order No. 48, s. 2011 Guidelines for Mainstreaming Gender Equality Actions in Road Infrastructure Projects ..................................................... 6 3.4 "A Toolkit on Making Road Infrastructures and Related Facilities Gender Responsive", DPWH & World Bank Publication ..................................................... 6 3.5 World Bank Operational Policy 4.01. Environmental Assessment ......................... 6 3.6 World Bank Operational Policy 4.12 Involuntary Resettlement .............................. 6 3.7 World Bank Operational Policy 4.20 Gender and Development.. ........................... 7 3.8 United Nations Convention on the Right of Persons with Disabilities .................... 7 3.9 The Convention on the Elimination of All forms of Discrimination against Women (CEDAW) .................................................................................................................7 4.0 ASSESSMENT OF SOCIAL IMPACTS AND OPPORTUNITIES ................................ 8 4.1 Target Population ..................................................................................................... 8 4.2 Social Impacts And Opportunities ........................................................................ 12 4.2.1 Benefits and Opportunities .............................................................................. 12 4.2.2 Risks and lmpacts ............................................................................................ 15 5.0 STRATEGIES TO MANAGE SOCIAL IMPACTS ...................................................... 19 5.1 Options for PUJ Operators .................................................................................... 19 5.2 Options for PUJ Drivers ......................................................................................... 21 6.0 IMPLEMENTATION PLAN .......................................................................................... 22 Report Social Management Plan .. Cebu Bus Rapid Transit Project 6.1 Hierarchy of Mitigating Measures .......................................................................... 22 6.2 Key Entities in the Implementation of the SMP ..................................................... 22 6.3 Critical Actions .......................................................................................................24 6.4 Operationalization of Critical Actions ..................................................................... 25 7.0 MONITORING AND EVALUATION ............................................................................ 27 7.1 Active Information Dissemination Activities ......................................................... 228 7.2 Implementation .................................................................................................... 228 7.3 Operation ............................................................................................................. 228 REFERENCES ........................................................................................................................ 30 ANNEXES ANNEX 1 Photo Documentation of Reconnaissance Survey ANNEX 2 1stPublic Consultation and Focus Group Discussion Minutes and Attendance Sheets ANNEX 3 2nd Public Consultation Minutes and Attendance Sheets ANNEX4 Legal Considerations for the SMP Final Report .. Social Management Plan Cebu Bus Rapid Transit Project . "' ABBREVIATIONS/ACRONYMS ATC Area Traffic Control BRT Bus Rapid Transit CBRT Cebu Bus Rapid Transport CCG Cebu City Government CCT Conditional Cash Transfer CITOM Cebu Traffic Operations Management C02 Carbon Dioxide CPC Certificate of Public Convenience DENR Department of Environment and Natural Resources DepEd Department o~ Education DMDP Department for Manpower Development and Placement DOLE Department of Labor and Employment DOTC Department of Transportation and Communications DSWD Department of Social Welfare and Development ESA Environmental and Social Assessment ITP Integrated Transport Planning Limited LTFRB Land Transportation Franchising and Regulatory Board LTO Land Transportation Office MFI Micro-finance Institutions NEDA National Economic Development Authority NGO Non- Governmental Organization PAP Potentially Affected People PESO Public Employment Service Office PHIC Philippine Health Insurance Corporation PIU Project Implementation Unit PMO Project Management Office PNP Philippine National Police PUJ Public Utility Jeepney PUV Public Utility Vehicles PWD Person with Disability RA Republic Act RAP Resettlement Action Plan SEC Securities and Exchange Commission SIA Social Impact Assessment SMP Social Management Plan TESDA Technical Education and Skills Development Authority TVET Technical, Vocational Education and Training TWG Technical Working Group •' Social Management Plan .. ( Cebu Bus Rapid Transit Project GLOSSARY OF TERMS Certificate of Public Convenience-Based on the Public Service Law, it is an authorization issued for the operation of public services for which no franchise, either municipal or legislative, is required by law, such as a common carrier. Involuntary resettlement-Resettlement is involuntary when it occurs without the informed consent of the displaced persons or if they give their consent without having the power to refuse resettlement. OP 4.12-The World Bank Group Operational Policy Directive on Involuntary Resettlement. OP 4.12 embodies the basic principles and procedures that underlie IBRD's approach to involuntary resettlement associated with its investment projects. Project-affected person-Any person who, as a result of the implementation of a project, loses the right to own, use. or otherwise benefit from a built structure, land (residential, agricultural, or pasture), annual or perennial crops and trees, or any other fixed or moveable asset, either in full or in part, permanently or temporarily. Resettlement Action Plan (RAP)-The document in which a project sponsor or other responsible entity specifies the procedures that it will follow and the actions that it will take to mitigate adverse effects, compensate losses, and provide development benefits to persons and communities affected by an investment project. Stakeholders-Any and all individual~. groups, organizations, and institutions interested in and potentially affected by a project or having the ability to influence a project. Senior citizens- Under RA 9257, senior citizens or elderly are any resident citizen of the Philippines at least sixty (60) years old Travel Line-The route assigned or given franchised by LTFRB for public utility vehicles Vulnerable groups-People who by virtue of gender, ethnicity, age, physical or mental disability, economic disadvantage, or social status may be more adversely affected by resettlement than others and who may be limited in their ability to claim or take advantage of resettlement assistance and related development benefits. Report iv '• EXECUTIVE SUMMARY PROJECT BACKGROUND The Department of Transport and Communications (DOTC) and the Cebu City Government (CCG) have mutually agreed to implement a Bus Rapid Transit (BRT) project that will traverse a 23-kilometer corridor between Barangay Bulacao in the south west and Barangay Talamban in the north east of Cebu City. The BRT will operate on the median of the existing national road, with median stations and bus ways physically segregated from other traffic to reduce the impact upon the right-of-way and enable road side activity to proceed with minimal interruption. The proposed BRT corridor will pass through highly urbanized and densely populated area of the city. The land use of the BRT route and its coverage is indicated in Figure 1.0-1. The Cebu BRT is projected to be operational in the 2016. When completed, it will be the first of its kind in the Philippines, providing an alternative viable mass transit option for the country. OBJECTIVES OF THE SOCIAL IMPACT ASSESSMENT (SIA) The Cebu BRT is projected to have both positive and adverse impacts on the various stakeholders. To understand and address these impacts, the DOTC has commissioned an Environmental and Social Assessment (ESA). The expected outputs from the Social Assessment (SA) are the Resettlement Action Plan (RAP) and a Social Management Plan (SMP). Specifically, the SA aims to: a) Determine resettlement and other social impacts of the proposed Cebu BRT Demonstration Project and linked activities in order to inform design of the project; b) Develop a resettlement action plan (RAP) to guide the acquisition of land and other real properties for the project and its linked activities; c) Consult with persons and groups to be affected by the project; and, d) Produce a social management plan (SMP) which will cover social impacts other than those caused by land acquisition. The primary goal of an SMP is to pave the way for social acceptability, improve the project's accountability and be more responsive in attaining its social objectives. Its purpose is to mitigate the adverse impacts and enhance benefits from the project by: a) Identifying the key social issues and concerns of the identified potential PAPs; b) Identify and recommend management and mitigating measures to respond to these issues and concerns; c) Identify the lead government agency or organization responsible for, as well as the required resources needed, in implementing the recommended measures; and, d) Provide timelines to implement these measures consistent with the plans and programs of lead agencies. Final Report v ,· Social Management Plan Cebu Bus Rapid Transit Project PRINCIPLES AND METHODOLOGY FOR SOCIAL IMPACT ASSESSMENT (SIA) Principles of SIA The crafting of the SMP was guided by the following hierarchy of mitigation: a) Avoid adverse social and economic impact. b) Where impacts are unavoidable, minimize such impacts. c) Offset or compensate impacts in cash or in kind following the principle of replacement cost. The mitigation measures were developed anchored on the following principles: a) Effective Consultation b) Equitable Compensation c) Gender Sensitivity d) Equitable Access METHODOLOGY FOR SOCIAL IMPACT ASSESSMENT Development of the Cebu BRT through the Pre-Feasibility and full Feasibility Study has been underpinned by consultation guided by an active communication strategy overseen by a communication group led by the Mayor of Cebu City. This involved working with jeepney representative groups, drop in cafe discussions with jeepney drivers, open events in all Barangays along the BRT route, newspaper articles, TV interviews, meetings with governmental and non-governmental stakeholders and the establishment of design groups consisting of the mobility impaired and local design professionals. It was estimated that almost 5,000 people had been spoken to directly during feasibility phase and many more indirectly. Information has been disseminated through open forums as well as the project web site and Face book site. In the conduct of the SA, the Study Team applied the following methodology and approach which supplemented and developed that undertaken through the Pre FS and FS: a) Review of related literature b) Maximum use of secondary data c) Conduct of reconnaissance survey d) Key Informant and On-the-Spot Interviews e) Conduct of survey/census f) Conduct of FGDs/Public Consultation POLICY FRAMEWORK Pertinent enabling laws, implementing rules and regulations for a clearer execution of the laws developed and promulgated by national government agencies had been considered; including executive/administrative/department orders issued and updated from time to time by the various government agencies. Some of the more salient policy instruments include: Final Report vi ·, Social Management Plan Cebu Bus Rapid Transit Project .. a) Harmonized Gender Guidelines, NEDA series of 2007 b) Executive Order No. 273 s. 1995 Philippine Plan for Gender-responsive Development (PPGD), 1995-2025 c) DPWH Department Order No. 48, s. 2011 Guidelines for Mainstreaming Gender Equality Actions in Road Infrastructure Projects d) "A Toolkit on Making Road Infrastructures and Related Facilities Gender Responsive", DPWH & World Bank publication Apart from the country's laws, statutes and strategic plans, the SIA Study Team also reviewed and analyzed pertinent international policies, standards and covenants that it deems necessary as a requisite in preparing the Social Management Plan for the CBRT Project. Foremost among these are environmental assessment (OP 4.01 s. 1999 rev. 2011) and gender and development (OP 4.20 s. 2003 rev. 2012). a) World Bank Operational Policy 4.01 Environmental Assessment b) World Bank Operational Policy 4.12 Involuntary Resettlement c) World Bank Operational Policy 4.20 Gender and Development d) United Nations Convention on the Right of Persons with Disabilities e) The Convention on the Elimination of All forms of Discrimination against Women (CEDAW) ASSESSMENT OF SOCIAL IMPACTS AND OPPORTUNITIES Target Population Commuters Traffic surveys undertaken for the "Study and Concept Plan for a Demonstration Bus Rapid Transit Corridor" estimated that about 83,940 vehicles enter and 87,723 vehicles leave Cebu City on a typical day. These translate to a total passenger flow of 581 ,083 entering and leaving the City. Results of the aforementioned surveys showed that in 2009 share of trips using public transport is 70%, with the PUJ as the most dominant public transport mode carrying 65% of the total person trips in the City. Taxis carry 5% of the total passengers in the City. Senior Citizens, PWDs and Women A sub-group within the commuters group is the vulnerable group composed of senior citizens, persons with disabilities (PWD) and the women. It is estimated that there are around 15,126 senior citizens and 3,117 PWDs in the City as of 2012. Working mothers (either as employee or housewife taking care of children) is estimated at 67,195 in 2012. Residents of the Barangays within the Corridor The directly affected population will be those living and/or working within the fourteen barangays along the BRT route. These barangays constitute about 28% of Cebu City's total population in 2010 or about 239,094. With an average family size of 4.1, there are nearly 58, 316 families that will be potentially affected by the CBRT. Final Report vii Social Management Plan • Cebu Bus Rapid Transit Project Vendors Transect walks and windshield wiper survey found that there are at least three types of vendors plying their trade on the BRT corridor: (a} tenured street vendors; (b) informal or untenured street vendors; and (c) ambulant vendors. The tenured street vendors are officially registered by the city government. These are mostly found on Osmefia Boulevard, near the Cebu Institute of Technology and are distinguished by their yellow wooden stalls. There are 1,195 legitimate sidewalk vendors throughout Cebu City in 2011, 405 of these are currently located along the Cebu BRT Corridor. The informal or untenured street vendors stay in front of the Cebu South Bus Terminal and in front of the Development Bank of the Philippines building at the corner of N. Bacalso and Osmeria Boulevard. Wares sold are mostly selling cigarette, water and candies. The mobile food hawkers are distinguished by their push-carts or carts attached to bicycles with multi-coloured umbrellas to protect their goods. The mobile food hawkers transfer from place to place, timing their presence during the lunch hour and dismissal time of schools and offices along the corridor. The fixtures on the sidewalks belong to business establishments along the corridor. Some eateries and variety stores have encroached on public space by placing stools, plastic chairs, and tables to cater to their patrons. PUJ Operators The baseline survey undertaken by the Cebu Jeepney Industry Study showed that 3 out of 5 PUJ operators are in the business to supplement income from a principal livelihood source while 2 out of 5 rely on jeepney operations as their principal source of income. This group is well educated with 48% completing tertiary education. Seven out of 10 of those interviewed said that they bought their jeepneys with their personal savings. The average years in the jeepney operating business is 8 years. Majority (55%} stated that the business is their primary source of occupation. Around third of those who have other primary source of income (13%/41%} have other businesses while the rest have OFW relatives or are pensioners. Two-thirds (42%/55%} of those who says PUJ operator is their primary business have been operating for 10 years or less. PUJ Drivers Almost three out of four drivers interviewed are between 31-45 years of age, with an average age of 40 years old. Only 6% have attended college and 71% finished high school education. Nearly all of the drivers interviewed (95%} said that their primary source of livelihood is PUJ driving. Twenty two (22%) are renting their home. Fifty seven percent (57%) have children below 12 years of age. Final Report ·, Social Management Plan Cebu Bus Rapid Transit Project ' SOCIAL IMPACTS AND OPPORTUNITIES Benefits and Opportunities The Cebu BRT is projected to create significant communal benefits, including: 1) Improvement of transport experience and options The Cebu BRT will significantly improve travel within the designated corridor and beyond. It is accessible to PWD's and affordable with a fare structure similar to the existing PUJ. All travelers, including commuters, can enjoy more reliable waiting time, faster travel time, and safe and efficient travel. This will improve the economic efficiency of the city and the social wellbeing of those residing within and travelling through the city. 2) Savings in travel time for commuters and motorists A total of 570 million hours will be saved by the CBRT commuters within a twenty-year period (2015-2035) due to physical segregation of the bus travel way and high frequency of buses, especially during peak hours. 3) Enhancement of operational efficiencies of public mass transport By 2020, it is estimated that BRT passengers shall be from 220,934 to 317,039. On the other hand, there shall be reduction in vehicle operating costs by the transfer of passengers from PUJs to the more efficient BRT vehicles. These savings shall yield an aggregate economic net benefit of USD72.3 million within a 20-year span. 4) Improvement of air quality The particulate matter (PM) saving as a result of the scheme has been estimated at 386 tons per year (2020) and a C0 2 saving of 61,407 tons per year (2020). 5) Enhancement of safety and security of commuters and pedestrians The BRT will incorporate improvements the sidewalks. Currently sidewalks are non- continuous, broken and obstructed by electrical equipment. This forces pedestrians to walk in moving traffic causing significant road safety problems most notable within eth vulnerable sectors. 6) Create direct employment (especially during the construction and operations phase) to the benefit of local labor. 7) Increase in land values along the BRT routes and its proximate areas. Risks and Impacts The Cebu BRT FS proposed 22 PUJ routes for deletion. This translates to 916 operators, with approximately 2,620 drivers. Implementation of the Cebu BRT will likely impact the PUJ Sector in the following ways: 1. Reduced passenger volume for some PUJs (others will increase where PUJs have an enhanced role as feeder to BRT) 2. Cancellation of the present PUJ routes that are along the BRT corridor and that become noncommercial due to passenger transfer 3. Consequential dislocation of drivers and operators of affected PUJs 4. Changing role of existing transport cooperatives Consultation with key stakeholder groups within the PUJ sector revealed that the loss of income of PUJ drivers and operators (especially the small operators running between one to Final Report ix .. Social Management Plan . Cebu Bus Rapid Transit Project three units who either operate independently or belong to cooperatives) is considered to be the most serious social concern. The average boundary earned daily by the operators is PhP653. More than two-thirds (71%) of the operator-respondents earn between PhP500-PhP750 and own three or less units. On the other hand, the magnitude of potential income loss to drivers can be gleaned from the indicative average daily gross income and average daily net income. Most of them have daily net from PhP300 to PhP1,000 (76%). Average daily net is about PhP822. Based on cross tabulation analysis, majority (55%) have a daily gross of PhP1 ,001 to PhP2,500 and a daily net of PhP300 to PhP1,000. Tenured Vendors The implementation of the Cebu BRT will not adversely impact the tenured vendors as they will be relocated to equally lucrative areas for their particular business. The Cebu City Government does not consider the relocation of these vendors a major issue in as much as are resources are available and the control of sidewalk vendors is one of its priority. Summary Impacts upon Key Stakeholders Positive impacts on the commuters. (including senior citizens, PWDs, and women/working mothers) range between medium to high, achieving maximum benefits when Cebu BRT is operational. Those that are adversely affected due to property/land acquisition will be adequately compensated through statutory mechanisms. As such the social management plan must concentrate upon the PUJ sector where most impact must be managed to ensure that it lies within acceptable limits. Table ES-1 presents the summary of the impacts that the stakeholders will experience from the project. Table ES-1 Impacts of Project on Key Stakeholders TYPE OF CONSEQUENCE OF STAKEHOLDER POTENTIAL IMPACT DESCRIPTION OF IMPACTS IMPACT (+/-) (High/medium/low) - Reduction of in-vehicle travel time Commuters Positive - High - Reduction of waiting time due to high frequency of buses Enhanced safety - Better customer service - Easier boarding/alighting since bus floor is at the same level as station - Safer and more convenient Senior Citizens Positive - Medium to high walk to the stations due to wider sidewalks Senior citizens' discount can be integrated in the ticketing system - Easier boarding/alighting since bus floor is at the same Persons with Disability (PWD) Positive - Medium to high level as station - Safer and more convenient walk to the stations due to X -. Social Management Plan Cebu Bus Rapid Transit Project ... TYPE OF CONSEQUENCE OF STAKEHOLDER POTENTIAL IMPACT DESCRIPTION OF IMPACTS IMPACT (+/-) (High/medium/low) wider, unobstructed sidewalks - Improved information and payment information " Protection from undue physical harassment due to cramped space inside the Women/VVorking public transport vehicle Positive " Medium to high mothers " Enhanced convenience and comfort when bringing small children due to step-less boarding and alighting Residents in " Enhanced accessibility and barangays along the economic/social BRT Route/ opportunities that brings Community-at-large Positive " Medium " Improvement of ambient air quality along the CBRT corridor due to the reduction of PUJ units Residents in " Relocation due to right-of- barangays at stations Negative " Medium to high way acquisition to widen the along the BRT Route carriageway Tenured vendors " Relocation to other areas for along the CBRT vending will be undertaken " None to Low corridor by the Cebu City Government PUJ Operators Negative " Medium to High " Potential loss of income PUJ Drivers Negative " Medium to High " Potential loss of income STRATEGIES TO MANAGE SOCIAL .IMPACTS Options for PUJ Operators Five options have been identified to manage PUJ operator impacts. These include: • Option 1: Remain on their route, despite the impact of the BRT, and hope that a sufficient number of other Operators will withdraw to make the route viable for those who remain; • Option 2: Remain on their route, which has been restructured and will remain strong; • Option 3: Operate on newly opened routes ; • Option 4: Cancel their PUJ franchise and apply for open franchises of other transport services such as trucks-for-hire or school service; and • Option 5: Transform their investment to participate in BRT operations. Option One Option one is not considered to be viable due to the following reasons: 1. Retaining the jeepneys alongside the BRT segregated busways would not address the congestion on the road. 2. Competition for passengers along the corridor would reduce the viability of either, or both, the BRT and jeepney operators and drivers. Final Report xi .. Social Management Plan Cebu Bus Rapid TransitProject Option Two and Three The second and third options are potentially the most viable and acceptable from the perspective of both the BRT operations and PUJ sector. Route restructuring will include either: a) route shortening or truncating to serve as feeders to the BRT; or b) maintaining the origin and destination as reflected in the franchise but altering the travel line or streets traversed to cover underserved areas and link these to the BRT system. Route restructuring has two advantages: 1. Jeepneys would be plying much shorter routes which translate into higher income and less fuel consumption and the potential for greater operational efficiencies. 2. Drivers would experience less stress and fewer traffic violations as competition for passengers would be actively managed through efficient and up to date market reactive, operational planning of jeepney terminals. In discussions with CITOM management, they articulated that these options will provide an opportunity for the City to update the travel lines which were established more than 10 years ago. Option Four In the fourth option, PUJs can be awarded franchises to operate school buses or 'trucks-for- hire'. According to the regional office of the LTFRB, there are still available franchises for these services, particularly school services, and the conversion of the PUJs to comply with the vehicle specifications of these services is low cost Option Five The opportunity offered by Option 5 is for the current PUJ operators to be part of the BRT System; eliminating the view that they have been replaced and displaced. Consultation with the PUJ cooperatives included expressed interest in this option subject to financial capacity. Moreover, for independent operators, there is no existing coherent mechanism to work and negotiate terms of entry into the BRT market. This measure requires a large degree of social preparation to enable collective action and coordination. A corporate or cooperative type·of business model represents a major change from the renter type of economic relations prevailing in the PUJ industry. -. Social Management Plan Cebu Bus Rapid Transit Project Table ES-2 Analysis of Options for the PUJ Operators ;• ••. : >•: ·. Adv~otai:leSJOpporttu;wlttei ·• Diudvantllve~lCnaU•.oge.$ J \ ,1 .Option ••·· ·.· .:.QPTIQN. - Competition for passengers Remain on their route, despite will ensue, reducing the the impact of the BRT, and viability of the BRT and/or hope that a sufficient number of the PUJ, thus compromising other Operators will withdraw to the overall transport make the route viable for those services of the City who remain # Congestion will likely occur leading to longer travel time and increased emissions, among others Option 2 & 3 # Reduction in vehicle Requires coordinated Remain on their route, which operating costs due to planning between the DOTC has been restructured and will shorter travel distance and and the Cebu City remain strong, or, less congestion Government to identify new operate on newly opened route # PUJ drivers more able to routes, feeder routes. and pay their rental fees daily underserved routes This is in keeping with the preference of the PUJ drivers and operators Option 4 Presence of available Demand for trucks for hire Cancel their PUJ franchise and franchise still to be determined apply for open franchises of ' Acceptability of scheme for other transport services such as operators still need to be trucks-for-hire or school service validated Option 5 # Provides an opportunity for ' CITRASCO and Transform their investment to the current PUJ operators to VUDTRASCO have signified participate in a BRT Feeder be part of the BRT and interest but due to its small Route increase sense of membership, capacity still ownership has to be validated # The PUJ sector is highly fragmented. Thus, for independent operators, no existing mechanism can be tapped into for negotiation OPTIONS FOR PUJ DRIVERS The options identified for the PUJ operators wil! also benefit the PUJ drivers. In addition, displacement of drivers could also be addressed by the job opportunities that will be opened up by the BRT operation. It is estimated that the first phase of the BRT alone would require the services of some 400 drivers. Apart from this, there will be need for mechanics, welders, and several other types of support jobs. In this regard, participants suggested that current PUJ stakeholders be given priority for such job opportunities. Displaced PUJ drivers may also be placed in non-transport related employment. This option may be availed by those who by choice or compulsion will have to exit the transport industry and begin anew in another line of business. Those with carpentry, plumbing, and welding skills 1 can be placed in labor pool marketing their services. The project can support the enrolment of drivers in TESDA (Technical Skills and Development Authority) to get the required certification to enhance their opportunities for both local and foreign employment. 1 Refer to Section 4 Target Population for details on the survey results Final Report .· Social Management Plan Cebu Bus Rapid Transit Project Foreign employment is likely to benefit the more educated and younger drivers. Opportunities will likewise be explored through the Department of Manpower Development and Placement (DMDP) of the Cebu City Government. IMPLEMENTATION PLAN Hierarchy of Mitigating Measures The results of the Cebu BRT Feasibility Study clearly show that impact to the PUJ Industry is inevitable. It will however be minimized through pro-active social impact management. The options that will be pursued are as follows: • Option 2: Some PUJ's will remain on their route, which has been restructured and will remain commercially strong; • Option 3: Some PUJ operators and drivers will operate on newly identified and defined routes for which new franchises will be granted ; • Option 4: Those that cannot be accommodated by option 2 or 3 will cancel their PUJ franchise and be assisted in applying for open franchises of other transport services such as trucks-for-hire or school service; and • Option 5: Those with capacity and ambition will be assisted to transform their investment to participate in a BRT Feeder Route. The above actions will lead to the accommodation of a significant number of displaced drivers. Residual drivers will be given aid to enter either: • Employment in the BRT system in various capacities; or • Employment in non-transport related entities. The options for the PUJ operators and drivers were presented to and affirmed by the Cebu BRT Technical Working Group2 , based on available resources and ability to implement within the next four years complementing the Cebu BRT implementation program. The group has expressed its commitment to lead efforts in mitigating the impacts to the PUJ sector. Key Entities in the Implementation of the SMP The successful execution of the SMP requires the cooperation and coordination of various national and local government units as shown in the table below. The implementation arrangements outlined below apply only during the implementation phase of the Project. Upon operation of the Cebu BRT System, the responsibility will be transferred to the BRT System Owner and BRT Operator/s. 2 The Cebu BRT TWG is composed of DOTC and its attached agencies, particularly L TFRB and L TO, DPWH, representatives from the Cebu City Government, DPWH, and CITOM ·. Social Management Plan Cebu Bus Rapid Transit Project Table ES-3 Institutions Responsible for SMP Implementation: Project Implementation Stage In coordination with LTFRB, update travel lines for the restructured routes and manage traffic within the City, in keeping with its mandate In coordination with CITOM, manage the migration of PUJ operators and drivers to restructured/new routes and to other transport modes such as trucks-for-hire and school service In coordination with LTFRB and CITOM, oversee the registration of vehicles and issuance of licenses of PUJ drivers, as needed b the Plan Department of Education The Department Education implements the Alternative Learning System, (DepEd) Non-Formal Education programs as well as regulates private institutions implementing Adult Education programs. PUJ drivers or their spouses can avail of these ro rams In coordination with the Cebu City Government, spearhead the retooling the displaced PUJ drivers and operators under its Technical and Vocation Education Trainin TVET ro ram The DSWD is the lead agency implementing the Conditional Cash Transfer (CCT) Program/ Pantawid Pamilyang Pilipino Program (4Ps) where the children of displaced PUJ drivers/operators maybe enrolled in. In addition, it is the agency mandated to implement the government's social welfare and development program and has collaborative network with the LGU and other NGOs Department for This is an office under the city government tasked with human resource Manpower Development development of the city's residents, job matching and placement, and and Placement (DMDP) holding of job fairs. ofCCG Philippine Health Insurance Corporation PHIC Micro-finance Institutions {MFis) Public Employment An office under the Department of Labor and Employment (DOLE) Service Office {PESO) tasked with providing job information, verifying job offers and openings, especially overseas work, job matching and placement. May be tapped to assist to augment opportunities provided by the DMDP for placement of drivers who will ass the TESDA examinations Final Report XV .- Social Management Plan Cebu Bus Rapid Transit Project Critical Actions To ensure efficient and effective implementation of the SMP the following critical actions have been identified: Establish a policy to ensure that displaced PUJ Operators receive first preference in franchise re-allocation or renewal Align Franchise termination dates with the expected commencement date of BRT, both for the impacted routes and target routes to which displaced units may migrate. Waive franchise application fees and other attendant administration expenses for those involuntarily displaced by the BRT Establish mechanism for re-training programs for PUJ drivers who opt to exit the PUJ industry and seek employment in non-transport related professions. All of these actions are currently being implemented by the appropriate agencies. Operationalization of Critical Actions The execution of the SMP and the corresponding critical actions to ensure success requires that up-to-date information on the PUJ Industry must be obtained, particularly on profile of the PUJ Operators and Drivers, with emphasis on their capacity to adapt to change and preferences. Towards this end, the Cebu BRT TWG and the Cebu City Government, in their commitment to manage the impacts, have prepared a PUJ Industry Engagement Action Plan which was presented to partners in the government and non-government organizations during workshop on the 'Social and Environment Impact of the Cebu BRT' held in October 12, 2012. MONITORING AND EVALUATION The safeguards specialist of the Project Implementing Unit (PIU) will oversee the implementation of the identified mitigating measures embodied in the resulting Mitigation Action Plan. Moreover, the monitoring and evaluation of the SMP will be made part of the terms of reference of the External Monitoring Agent. Stakeholder satisfaction and progress in livelihood restoration - or the lack of it - require a longer period to manifest and be detected. Apart from the external private entities, the following city government offices must also take an active part in monitoring the implementation of the SMP, in accordance with their respective mandates: GOVERNMENT ·._MoNI'I'ORIN~ FUNCTlQN AGENG¥ " " -,' ~'''<' v PWD and Senior Citizens The city office in charge of overseeing senior citizen's affairs as well as Office in the City with persons with disability (PWD) will monitor how the concerns of these Government groups regarding fare discounts during operation as well as accessibility of the BRT stations, terminal and rollin stock are addressed. Division for the Welfare of The division of the Cebu City Government tasked to implement the City's the Urban Poor (CCG) socialized housing program and provide services towards addressing the tenurial and housing needs of the homeless citizens. Monitor the im lementation of the RAP. Dept. of Manpower The CCG-DMDP is tasked to provide an effective and efficient Development and employability enhancement programs & placement services for the Cebu Placement (CCG) City residents. Monitor the implementation of the alternative livelihood ro rams as indicated in the lm act Miti ation Action Plan. Final Report xvi ·. Social Management Plan Cebu Bus Rapid Transit Project Active Information Dissemination Activities The implementation of a new form of mass public transport in Cebu has required a shifting of paradigms among future users of the BRT and commuters using traditional public transportation modes and openness to new economic opportunities for those whose employment will be affected. Thus, an active information and education campaign will form part of the social management plan. Implementation During the planning and construction phases, dissemination of information about the BRT is very important to ensure that all commuters will understand what BRT is all about and what benefits they will get from the project. Moreover, equal access to information on livelihood options must be made available to all affected persons. Towards this end, the Cebu City Government has prepared the PUJ Industry Engagement Plan to ensure that accurate information is obtained on the affected persons and for the affected persons to be informed of their options. The active engagement of the stakeholders in crafting the way forward is projected to create trust between the stakeholders and the project proponent. Operation During the operation phase, it is recommended that the feedback system through crowd sourcing be handled by the BRT Customer Service/ for customer support to ensure that the BRT will provide the high quality customer service as envisioned. There are several existing platforms for feedback in Cebu City that may be utilized: o Crowd Sourcing The crowd sourcing initiative for infrastructure presently being introduced by the World Bank in Cebu City make use of mobile phones for articulating concerns, comments or views on a particular topic to a designated hotline number. The need for information and feedback may vary at various stages of the BRT implementation. o Facebook Another avenue through which the general public can express their views and concerns will be the Facebook account managed by the Cebu BRT PMO. During the operations, it is recommended that the responsibility of managing the account be transferred to the BRT Customer Service unit. Final Report xvii .· Social Management Plan Cebu Bus Rapid Transit Project 1.0 INTRODUCTION 1.1 Project Background The Department of Transport and Communications (DOTC) and the Cebu City Government (CCG) have mutually agreed to implement a Bus Rapid Transit (BRT) project that will traverse a 23-kilometer corridor between Barangay Bulacao in the south west and Barangay Talamban in the north east of Cebu City. The BRT will operate on the median of the existing national road, with median stations and bus ways physically segregated from other traffic to reduce the impact upon the right-of-way and enable road side activity to proceed with minimal interruption. The buses will travel on dedicated bus lanes serviced by median stations from Bulacao to Ayala Mall. From thereon, it will travel in mixed vehicular traffic until the turnaround in Talamban. Boarding and alighting will be allowed only at bus stops in key locations. Sidewalks will likewise be improved to offer improvements in accessibility in general and specifically to and from BRT Alongside BRT a new Area Traffic Control (A TC) system will be implemented that will improve the way in which all traffic signal intersections will operate throughout the whole of Cebu City. The proposed BRT corridor will pass through highly urbanized and densely populated area of the city. The land use of the BRT route and its coverage is indicated in Figure 1.0·1 below. Figure 1.0-1 BRT Route and Surrounding Land Use (BRT Stations in Heavy Red Line) The Cebu BRT is projected to be operational in the 2016. When completed, it will be the first of its kind in the Philippines, providing an alternative viable mass transit option for the country. Final Report ·. Social Management Plan Cebu Bus Rapid Transit Project 1.2 Objectives of the Social Impact Assessment (SIA) The Cebu BRT is projected to have both positive and adverse impacts on the various stakeholders. To understand and address these impacts, the DOTC has commissioned an Environmental and Social Assessment (ESA). The expected outputs from the Social Assessment {SA) are the Resettlement Action Plan (RAP} and a Social Management Plan {SMP). Specifically, SA aims to: a) Determine resettlement and other social impacts of the proposed Cebu BRT Demonstration Project and linked activities in order to inform design of the project; b) Develop a resettlement action plan {RAP) to guide the acquisition of land and other real properties for the project and its linked activities; c) Consult with persons and groups to be affected by the project; and, d) Produce a social management plan (SMP) which will cover social impacts other than those caused by land acquisition. The primary goal of an SMP is to pave the way for social acceptability, improve the project's accountability and be more responsive in attaining its social objectives. Its purpose is to mitigate the adverse impacts and enhance benefits from the project by: a) Identifying the key social issues and concerns of the identified potential PAPs; b) Identify and recommend management and mitigating measures to respond to these issues and concerns; c) Identify the lead government agency or organization responsible for, as well as the required resources needed, in implementing the recommended measures; and, d) Provide timelines to implement these measures consistent with the plans and programs of lead agencies. 2.0 PRINCIPLES AND METHODOLOGY FOR SOCIAL IMPACT ASSESSMENT {SIA) 2.1 Principles of SIA The crafting of the SMP was guided by the following hierarchy of mitigation: a} Avoid adverse social and economic impact. b) Where impacts are unavoidable, minimize such impacts. c) Offset or compensate impacts in cash or in kind following the principle of replacement cost. The mitigation measures were developed anchored on the following principles: Effective Consultation Project Affected Person's {PAPs} and other stakeholders were meaningfully consulted in all phases of project development and implementation in order to guide design and give them ample opportunity to participate in discussion and be informed of the decisions which will impact their lives and their community. Equitable Compensation Identified measures are designed to assist PAPs in their efforts to improve their livelihood and standard of living or at least restore them to levels prevailing prior to the beginning of project implementation. Final Report .· Social Management Plan Cebu Bus Rapid Transit Project Gender Sensitivity The Study recognizes that households are not homogenous and the project will affect men and women differently. Thus, equal opportunity shall be accorded to the PAPs, especially the vulnerable groups, in availing of social programs that maybe provided to mitigate the adverse impacts of the project. Equitable Access An important component of the SMP is an effective information and education dissemination program and an effective channel for stakeholders to obtain information and provide feedback. 2.2 Methodology for Social Impact Assessment Development of the Cebu BRT through the Pre-Feasibility and full Feasibility Study has been underpinned by consultation guided by an active communication strategy overseen by a communication group led by the Mayor of Cebu City. This involved working with jeepney representative groups, drop in cafe discussions with jeepney drivers, open events in all Barangays along the BRT route, newspaper articles, 1V interviews, meetings with governmental and non-governmental stakeholders and the establishment of design groups consisting of the mobility impaired and local design professionals. It was estimated that almost 5,000 people had been spoken to directly during feasibility phase and many more indirectly. Information has been disseminated through open forums as well as the project web site and Facebook site. In the conduct of the SA, the Study Team applied the following methodology and approach which supplemented and developed that undertaken through the Pre FS and FS: a) Review of related literature This involved the review of pertinent Philippine laws, statutes and jurisprudence, World Bank policies particularly O.P. 4.00, 4.01, 4.12 and 4.20, international covenants of which the Philippines is a party to the covenants, local transportation plans, similar BRT projects abroad, particularly the system in Jakarta (Indonesia), urban transport policy documents on plans and strategies, and other referenced documents. A list of references is found at the end of this report. b) Maximum use of secondary data The Study reviewed, analyzed and utilized data on the stakeholders obtained from the Cebu BRT studies (Pre-feasibility Study and Feasibility Study) and the suite of projects supporting the CBRT FS such as the Study on "Evaluating the Impacts of Introducing Reforms on Jeepney Industry in Cebu City" conducted in 2012. In the latter study, a total of ten FGD sessions were conducted and organized . according to specific interests. These groups were broken down into sub-sectors with specific and common interests, to wit: (1) PUJ drivers on routes likely to be affected by the BRT; (2) Formally constituted PUJ transport organizations' (CITRASCO and VUDTRASCO); (3) PUJ Drivers' and Operator's Associations noted for militant activism (NADSU and ANDAR); and (4) Independent PUJ operators. c) Conduct of reconnaissance survey This involved actual field observations, transect walk and additional field validations along the proposed CBRT corridor to gather notes and photographs during and even after the surveys/census. Photographs of the reconnaissance survey are found in Annex 1. 3 -. Social Management Plan Cebu Bus Rapid Transit Project d) Key Informant and On-the-Spot Interviews Interviews with representatives of the CCG, DENR and DPWH staff directly and indirectly involved with the proposed BRT Project were conducted. Moreover, random man-an-the-street interviews were conducted to gauge the knowledge and awareness of ordinary people about the proposed BRT project, as shown in Photo 2.2-1. e) Conduct of survey/census Surveys were conducted along the corridor (both sides of the street) to determine the number of structures/estimated land and census of all structures were conducted area that will be potentially affected upon the implementation of the CBRT. f) Conduct of FGDs!Public Consultation This involved the conduct of a workshop and public consultations. The participants to these activities were mixed-aged male-female participants representing public-private stakeholders. During the first FGD/Public Consultations, the initial draft SMP was presented and the views, opinions and comments of the participants were solicited. In the second public consultation, the draft final SMP was also presented for validation. Issue specific discussions were held with representatives of 'Persons with Disabilities' (PWD). These discussions involved scrutiny of design issues that would enhance equitability of access issues to BRT and all transport modes present within the corridor of study. The Minutes of the Public Consultations, the presentation materials and the list of attendees for the 151 and 2"d Public Consultations are found in Annex 2 and Annex 3. Photo 2.2-1 Drop in Cafe Consultation with PUJ Drivers Final Report 4 .. Social Management Plan Cebu Bus Rapid Transit Project 3.0 POLICY FRAMEWORK This Chapter presents the salient international policy standards and conventions that have been reviewed to guide the preparation of the SMP to ensure that it is legal, ethical and is based on best practices. These are summed up and arrayed in Table 3.0-1 below. Table 3.0-1 Legal Bases of SMP Philippine Laws/Statutes International Covenant 1987 Philippine Constitution World Bank Operational Policy 4.00/4.01 RA 7160- Local Government Code BP Big. 344- Accessibility Law and its Implementing Rules and Regulations United Nations Convention on the Right of Republic Act 7277- Magna Carta for Disabled Persons with Disabilities Persons (as amended by RA 9442) Republic Act 9994 - Expanded Senior Citizens UN Principles for Older Persons (1991), Act of 2010 Republic Act 9257- Amending RA 7432 Madrid International Plan of Action on Ageing Republic Act 9710 - Magna Carta for Women The Convention on the Elimination of All forms of (2008) Discrimination against Women , Republic Act 7192, - Women in Development and Nation Building Act (1992) World Bank Operational Policy 4.20 In addition to the pertinent laws listed above, which are actually enabling laws for the provisions in the Philippine Constitution, implementing rules and regulations for a clearer execution of the laws are developed and promulgated by national government agencies based on its specific mandates, programs, plans, operational policies, projects and activities. In addition, executive/administrative/department orders are issued and updated from time to time by the various government agencies. These Orders stand as operational policy guides in effectively carrying out the law. Below is a list of pertinent laws related to the preparation of the SMP. Excerpts of other related laws may be found in Annex 4. 3.1 Harmonized Gender Guidelines, NEDA series of 2007 The guideline aims to provide a common set of analytical concepts and tools for integrating gender concerns into development programs and projects; and help achieve gender equity in, and empower women through, projects and programs. In 1993 the NEDA and the National Commission on the Role of Filipino Women (NCRFW) produced the Guidelines for Developing and Implementing Gender-Responsive Programs and projects that aims to (1} assist line or implementing agencies in complying with RA 7192 and its IRR; (2) integrate the GAD perspective in development planning and programming; and (3) address the issue of inadequate sex-disaggregated data in planning. However, during the mid-1990s most ODA donors have developed their own GAD guidelines to assist in incorporating GAD concerns in the design and implementation of programs and projects. And in early 2003, various agencies were contending with overlapping GAD checklist. In 2003, the NEDA and the ODA-GAD Network worked to harmonize the GAD checklist and produce a common set of guidelines for the GOP and donors. The guideline aims to provide a common set of analytical concepts and tools for integrating ·gender concerns into development programs and projects; and help achieve gender equity in, and empower women through, projects and programs. Final Report 5 -. Social Management Plan Cebu Bus Rapid Transit Project 3.2 Executive Order No. 273 s. 1995 Philippine Plan for Gender-responsive Development (PPGD), 1995-2025 Three years after the promulgation of RA 7192, and immediately after the expiration of the Philippine Development Plan for Women, 1989-1992 (PDPW), the PPGD was approved and adopted through EO 273 by then President Fidel V. Ramos. The PPGD provided the basic socio-cultural, economic, political and legal framework as well as the basic goals, development strategies and policies to ensure that the spirit and substance of RA 7192 is enacted. In 2010, RA 9710 or the Magna Carta on Women carried the seminal work of PDPW and ensured that PGPD bear not only letters but teeth as well. 3.3 DPWH Department Order No. 48, s. 2011 Guidelines for Mainstreaming Gender Equality Actions in Road Infrastructure Projects This was in response to DBM-NEDA-NCRFW's Joint Circular No. 2004-1, of putting into place a client-focused response to gender issues and concerns involving clients and stakeholders related to the construction, maintenance and management of road infrastructures and related facilities. The DO is consistent with the Framework Plan for Women, wherein agencies including DPWH are encouraged to promote gender-responsive governance, protect and fulfil women's human rights, and promote women's economic empowerment. It specified that gender equality actions are to be executed at the planning, design, pre-construction, construction and maintenance stage and will be guided by gender tools provided in the Toolkit for Making Road Infrastructure Projects Gender Responsive. 3.4 "A Toolkit on Making Road Infrastructures and Related Facilities Gender Responsive", DPWH & World Bank publication This presents the principles, approaches and procedures for making road infrastructures and related facilities sensitive to the differing travel needs and patterns of women and men, especially those from low income sectors who rely solely on public and intermediate modes of transport. Apart from the country's laws, statutes and strategic plans, the SIA Study Team also reviewed and analyzed pertinent international policies, standards and covenants that it deems necessary as a requisite in preparing the Social Management Plan for the CBRT Project. Foremost among these are environmental assessment (OP 4. 01 s. 1999 rev. 2011) and gender and development (OP 4.20 s. 2003 rev. 2012). 3.5 World Bank Operational Policy 4.01. Environmental Assessment This policy declares the requirement for an environmental assessment of projects proposed for WB financing as a way of ensuring that WB-supported projects are environmentally sound and sustainable. It further describes the standards that must be observed in ensuring that the environmental assessment complies with the Bank's requisites and requirements. 3.6 World Bank Operational Policy 4.121nvoluntary Resettlement This policy deals with impacts associated with land acquisition for development projects, including the physical displacement and resettlement of affected persons and their moveable properties. The policy sets forth the hierarchy for addressing, adverse impacts from land acquisition: avoiding land acquisition as much as possible, minimizing whenever feasible if unavoidable, compensating losses, and restoring livelihoods. Final Report 6 Social Management Plan Cebu Bus Rapid Transit Project 3.7 World Bank Operational Policy 4.20 Gender and Development This policy is concerned with the Bank's objective of assisting member~countries reduce poverty and enhance economic growth, human well~being and development effectiveness by addressing inequalities and disparities on gender. The policy also aims to help member countries to formulate and implement gender and development goals. 3.8 United Nations Convention on the Right of Persons with Disabilities As a signatory to the Convention, the Philippines is bound to ensure that its development policies, programs, projects and activities complies with the agreements set forth in the Convention. The following relevant passages underscore the need for the SMP to consider with emphasis on PWDs that are likewise covered by other necessities and special considerations: "Recognizing the valued existing and potential contributions made by persons with disabilities to the overall well~being and diversity of their communities, and that the promotion of the full enjoyment by persons with disabilities of their human rights and fundamental freedoms and of full participation by persons with disabilities will result in their enhanced sense of belonging and in significant advances in the human, social and economic development of society and the eradication of poverty" "Recognizing that women and girls with disabilities are often at greater risk, both within and outside the home of violence, injury or abuse, neglect or negligent "treatment, maltreatment or exploitation" "Recognizing that children with disabilities should have full enjoyment of all human rights and fundamental freedoms on an equal basis with other children, and recalling obligations to that end undertaken by States Parties to the Convention on the Rights of the Child" 3.9 The Convention on the Elimination of All forms of Discrimination against Women (CEDAW) The relevant passages are the following: The Convention defined "discrimination against women" as any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women, irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field, and enjoins States Parties to condemn discrimination against women in all its forms and to pursue by all appropriate means and without delay a policy of eliminating discrimination against women. Hence, the SMP has identified women as one of the vulnerable groups whose needs and rights must be safe-guarded in the course of the CBRT Project. 7 Social Management Plan Cebu Bus Rapid Transit Project 4.0 ASSESSMENT OF SOCIAL IMPACTS AND OPPORTUNITIES 4.1 Target Population The assessment of the social impacts of the proposed Cebu BRT considers the following stakeholders: Commuters Traffic surveys undertaken for the "Study and Concept Plan for a Demonstration Bus Rapid Transit Corridor" estimated that about 83,940 vehicles enter and 87,723 vehicles leave Cebu City on a typical day. These translate to a total passenger flow of 581,083 entering and leaving the City. A summary of the traffic survey conducted in Bulacao, Mambaling, Banilad and Talamban stations is presented in Table 4.1-1. Table 4.1-1 Summary of Passenger Flows 1 /]; AJIVebicJ•l~~~~~;~~; •:,,autacaQ'" · ,~~-n 1/) Peak Hr 7-8am 7,546 6,724 ~ ~~----~~~------+-~~~-1--~~~-+--~==~~~~~--1 ca .o 6am-9am 18,609 26,383 10,572 18,271 ~B~~~--~--~~--+-~~~-;--~~~-+--~~~~~~~--1 t- All Day (6am-10pm) 65,469 88,771 64,598 61,752 Peak Hr 7-8am 4,364 3,818 6,448 3,250 E ~~----~~~------+-~~~-1--~-=~-+--~~~~~~~--1 e~ 6am-9am 10,881 13,450 16,748 9,459 ~01------------~~--+-~~--_,--~~~-+--~~--,_--~~~ All Day (6am-10pm) 69,444 96,180 81,753 53,116 The share of trips using the private modes increased from 9.7 percent in 1979 to 20.6 percent in 1992, while the share of trips using public transport decreased from 90.3 percent in 1979 to 79.4 percent in 1992. Results of the aforementioned surveys showed that in 2009 share of trips using public transport is 70%, with the PUJ as the most dominant public transport mode carrying 65% of the total person trips in the City. Taxis carry 5% of the total passengers in the City. Senior Citizens, PWDs and Women A sub-group within the commuters group is the vulnerable group composed of senior citizens, persons with disabilities (PWD) and the women. It is estimated that there are around 15,126 senior citizens and 3,117 PWDs in the City as of 2012. Working mothers (either as employee or housewife taking care of children) are estimated at 67,195. Table 4.1-2 shows the demographics of vulnerable groups. Table 4.1-2 Demographics of Vulnerable Groups Final Report Social Management Plan Cebu Bus Rapid Transit Project 1.23% 3,117 5.97% 15,126 26.56% 67,195 level 5.40% 13,682 Residents of the Barangays within the Corridor The directly affected population will be those living and/or working within the fourteen barangays along the BRT route. These barangays constitute about 28% of Cebu City's total population in 2010 or about 239,094. With an average family size of 4.1, there are nearly 58, 316 families that will be potentially affected by the CBRT. Table 4.1-3 shows salient demographic characteristics of residents in the barangays along the CBRT corridor. Table 4.1-3 Demographics of Affected Barangays Pop'n CBRT AFFECTED Census Projected Growth Rate BARANGAYS (May 2010) Populationin 2012 2007w2010 Basak Pardo 17,756 3.11% 18,817 Basak San Nicolas 34,313 0.76% 36,362 Bulacao 26,820 8.98% 28,422 Calamba 12,417 2.94% 13,159 Capitol Site (Pob.) 15,308 6.99% 16,222 Duljo (Pob.) 16,387 -0.43% 17,366 Camputhaw (Pob.) 21,765 0.08% 23,065 Luz 16,923 1.51% 17,934 Mamba ling 32,162 6.80% 34,083 Pahina Central 5,227 4.48% 5,539 Pardo {Pob.) 12,103 4.61% 12,826 Sambag I (Pob.) 11,865 -7.69% 12,574 Sambag II (Pob.) 13,526 3.22% 14,334 Sta. Cruz 2,522 1.85% 2,673 Total 239,094 2.81% 253,375 CEBU CITY 866,171 2.94% 917 907 Source. NSO, NSCB, SIA Study Team Vendors Transect walks and windshield wiper survey found that there are at least three types of vendors plying their trade on the BRT corridor: (a) tenured street vendors; (b) informal or untenured street vendors; and (c) ambulant vendors. Final 9 Social Management Plan Cebu Bus Rapid Transit Project The first type consists of tenured street vendors officially registered by the city government These are mostly found on Osmeria Boulevard, near the Cebu Institute of Technology and are distinguished by their yellow wooden stalls. Based on the latest inventory conducted by Garbo Asenso Sumbanan Alyansa (GASA), an entity under the City Mayor's Office charged with the responsibility of maintain cleanliness and order in the sidewalks of the City, there are 1,195 legitimate sidewalk vendors throughout Cebu City in 2011, 405 of these are currently located along the Cebu BRT Corridor. These vendors are issued identification cards and are consistently monitored to ensure that there will be zero growth in their number. Moreover, GASA requires that all stalls measure 2ft x 3ft x 4ft and non- conformance of vendors will result to demolition of their stalls. The second type - the informal or untenured street vendors- stay in front of the Cebu South Bus Terminal and in front of the Development Bank of the Philippines building at the corner of N. Bacalso and Osmeria Boulevard. Wares sold are mostly selling cigarette, water and candies. The third type of vendors is mobile food hawkers distinguished by their push-carts or carts attached to bicycles with multi-coloured umbrellas to protect their goods. The ocular survey spotted one such vendor in front of the proposed BRT Station 2 in front of Greyhound subdivision selling buttered chicken and puso, the Cebuano version of sticky rice wrapped in banana leaves. Other vendors sell fruits in season such as jackfruit and mangoes. The mobile food hawkers transfer from place to place, timing their presence during the lunch hour and dismissal time of schools and offices along the corridor. The fixtures on the sidewalks belong to business establishments along the corridor. Some eateries and variety stores have encroached on public space by placing stools, plastic chairs, and tables to cater to their patrons. One establishment had brought out its merchandise of used clothing (ukay-ukay) and placed them on wooden karitons (small carts) directly obstructing the path of pedestrians. PUJ Sector Public Utility Jeepneys currently dominate urban public transportation in Cebu City carrying 65% of the total daily person trips. However, the role of PUJs as the primary mode of transportation will be re-defined upon the implementation of the Bus Rapid Transit (BRT) as a trunk line mass transportation system in Cebu City. There are currently 90 operational jeepney routes serving Cebu City, 54 of these will overlap with the proposed BRT route in varying degrees. Based on the data obtained from LTFRB on May 2012, 5,148 franchises have been issued for 5,743 PUJ units serving Cebu City. Over 90% of all franchises are for a single unit, and only 2% of all franchises are for more than 2 units. PUJ Operators The baseline survey undertaken by the Cebu Jeepney Industry Study showed that 3 out of 5 PUJ operators are in the business to supplement income from a principal livelihood source while 2 out of 5 rely on jeepney operations as their principal source of income. This group is well educated with 48% completing tertiary education. Seven out of 10 of those interviewed said that they bought their jeepneys with their personal savings. A summary of the cross section tabulation of the jeepney operators by civil status, age and educational attainment is presented in Table 4.1-4 while Table 4.1-5 shows the number of years the PUJ operators spent as an occupation. Final Report 10 Social Management Plan Cebu Bus Rapid Transit Project Table 4.1-4 Ci~il Status, Age and Educational Attainment of Jeepney Operators Married 21-3'0 1% 1% 31-40 5% 5% 1% 1% 12% 41-50 17% 9% 2% 7% 1% 2% 37% 51-60 16% 9% 1% 9% 34% 61-70 5% 2% 2% 2% 10% 71-80 1% 1% 2% 3% Married Total 46% 24% 4% 20% 1% 2% 97% Sin le 21-30 1% 1% 31-40 1% 1% 2% 41-50 1% The average years in the jeepney operating business is 8 years. More than three-fourths (77%) are in operation for 10 years or less. Majority (55%) stated that the business is their primary source of occupation. Around third of those who have other primary source of income (13%/41%) have other businesses while the rest have OFW relatives or are pensioners. Two-thirds (42%/55%) of those who says PUJ operator is their primary business have been operating for 10 years or less. Table 4.1-5 Number of years of Operation and PUJ Operator as Primary Occupation Final Report 11 Social Management Plan Cebu Bus Rapid Transit Project PUJ Drivers Almost three out of four drivers interviewed are between 31-45 years of age, with an average age of 40 years old. Only 6% have attended college and 71% finished high school education. Nearly all of the drivers interviewed (95%) said that their primary source of livelihood is PUJ driving. Twenty two (22%) are renting their home. Fifty seven percent (57%) have children below 12 years of age. The cross section tabulation presented in Table 4.1-6 shows that more than majority or 58% are high school level/graduates in the 29-48 age group range. Table 4.1-6 Civil Status, Age and Educational Attainment of PUJ Drivers Civil Status Age e~~.S! C)CII Cll :I Educational Attainment of Drivers Cll C)- Cll Cll - ·ca Cll E ::::~ Cll > Cll ...J .S! en~ Qi > Cll c:( ... Cll 3r: II) c - -; 1- "C 0 c - > ="C o OC> e -CII 8...J CII"C ii.if! C) e Cll '"C ::~:e C) ...J en :i z 0 e C) ii.i Married 3% 10% 13% 28% 29% 1% 84% 19-28 1% 1% 1% 29-38 1% 3% 3% 9% 10% 24% 39-48 2% 7% 7% 17% 14% 1% 47% 49-58 1% 1% 3% 3% 5% 11% 59-68 1% 1% 2% Single 1% 2% 1% 6% 7% 16% 19-28 1% 1% 2% 3% 6% 29-38 1% 4% 3% 8% 39-48 1% 1% 2% 3% 59-68 1% 1% Widower 1% 1% 39-48 1% 1% Grand Total 1% 5% 11% 13% 34% 36% 1% 100% 4.2 Social Impacts and Opportunities 4.2.1 Benefits and Opportunities The Cebu BRT is projected to create significant communal benefits, including: 1) Improvement of transport experience and options The public utility jeepneys (PUJs) dominate intra-urban service in Cebu City. It is affordable and offers reasonable route coverage. However, level of service is Final Report 12 .. Social Management Plan Cebu Bus Rapid Transit Project considerably low with unreliable waiting and travel time, improper boarding and alighting (Photo 4.2-1), overloading, and penchant of PUJ drivers to refuse to pick up elderly passengers. They are largely inaccessible to those with mobility problems. Taxis, on the other hand, are more comfortable but expensive, thus do not offer a viable public transportation option for the majority of the population without access to a car. However, commuters are forced to take cabs when carrying cargo or when travelling with children. The Cebu BRT will significantly improve travel within the designated corridor and beyond. It is accessible to PWD's and affordable with a fare structure similar to the existing PUJ. All travelers, including commuters, can enjoy more reliable waiting time, faster travel time, and safe and efficient travel. This will improve the economic efficiency of the city and the social wellbeing of those residing within and travelling through the city. Photo 4.2-1 PUJ Dropping Passengers into Traffic 2) Savings in travel time for commuters and motorists A total of 570 million hours will be saved by the CBRT commuters within a twenty-year period (2015-2035) due to physical segregation of the bus travel way and high frequency of buses, especially during peak hours. 3) Enhancement of operational efficiencies of public mass transport By 2020, it is estimated that BRT passengers shall be from 220,934 to 317,039. On the other hand, there shall be reduction in vehicle operating costs by the transfer of passengers from PUJs to the more efficient BRT vehicles. These savings shall yield an aggregate economic net benefit of USD72.3 million within a 20-year span. 4) Improvement of air quality The particulate matter (PM) saving as a result of the scheme has been estimated at 386 tons per year (2020) and a C0 2 saving of 61,407 tons per year (2020). 5) Enhancement of safety and security of commuters and pedestrians Jeepneys currently travel slowly along the corridor· seeking out passengers through their journey allowing them to board/alight not only at established pick up points but in Final Report 13 -. Social Management Plan Cebu Bus Rapid Transit Project between often on/from a moving vehicle. Photo 4.2-2 shows an example of the existing accessibility problem for unloading jeepney passengers. This not only significantly affects the carrying capacity of the corridor but endangers the lives of jeepney users and acts as a barrier to use by all but the most ambulant able. The BRT will incorporate improvements the sidewalks. Currently sidewalks are non- continuous, broken and obstructed by electrical equipment. This forces pedestrians to walk in moving traffic causing significant road safety problems most notable within eth vulnerable sectors. Photo 4.2-2 Accessibility problems getting off a jeepney o Senior Citizens and PWDs Access throughout the BRT will be accessible. Between station and bus will be step- less thus making boarding and alighting easier and quicker. Movement along the corridor will be easier and safer due to improved sidewalks. o Women Restricted height entry and cramped space inside jeepneys reduces the dignity of travel and in many reported incidences provides opportunities for harassment and theft. The impact is greatest for women with many women reporting harassment as a regular occurrence within their daily journeys. Wider and accessible buses will improve access and high frequency will reduce the often present vehicle overloading. Photo 4.2-3 shows how difficult it is to board a jeepney. 6) Create direct employment (especially during the construction and operations phase) to the benefit of local labor. 7) Increase in land values along the BRT routes and its proximate areas. Final Report Social Management Plan Cebu Bus Rapid Transit Project Photo 4.2-3 Accessibility Difficulties in Boarding a Jeepney 4.2.2 Risks and Impacts Physical Dislocation of the development of an efficient mass transportation system requires the acquisition of additional right-of-way for widening of the carriageway and the provision of pedestrian walkways, which will create physical dislocation of affected residents along the BRT route. Through careful consultation based design this has been limited to areas around stations only. The extent of this impact will be addressed in the Resettlement Action Plan. Economic Dislocation The potential for trip transfer between jeepney and BRT has been analyzed using a purpose built forecasting model. This model shows impacts upon existing jeepney routes allowing a pro-active approach to be taken to managing jeepney impacts. That is, where through the abstraction of trips existing routes become sub-economic they are proposed for modification or deletion rather than accept gradual withering of profits to a level that is non commercial. The Cebu BRT FS proposed 22 PUJ routes for deletion. This translates to 916 operators, with approximately 2,620 drivers. These routes with the corresponding number of operators and PUJ units are shown in Table 4.2-1. Final Report 15 Social Management Plan Cebu Bus Rapid Transit Project Table 4.2-1 Proposed Routes for Restructuring •······ ; ~~~~:~;~~ ... . :.; ' 'V'' iA2. r'~i~~ .. :;',, ',;,~f'/:;J;:>::/:f:;!i;;': ',: No;· ot:.Autilortzed :,< :' ·units ~' ,: ': ": <, 04-H 66 46 66 06-D 18 9 31 06-F 46 37 56 07-D 35 27 39 09-C 54 44 68 09-F 75 65 79 09-G 66 46 75 09-H 7 5 13 10-C 19 19 19 10-D 4 3 4 10-E 43 38 47 10-F 135 119 138 10-G 40 23 55 10-M 73 65 77 11-D 46 40 47 12-B 27 21 28 12-D 140 104 145 12-J 27 23 30 12-L 137 88 144 12-M 8 8 8 14-B 10 9 16 14-D 116 73 125 1,191 912 1,310 Implementation of the Cebu BRT will likely impact the PUJ Sector in the following ways: 1. Reduced passenger volume for some PUJs (others will increase where PUJs have an enhanced role as feeder to BRT); 2. Cancellation of the present PUJ routes that are along the BRT corridor and that become noncommercial due to passenger transfer; 3. Consequential dislocation of drivers and operators of affected PUJs; and 4. Changing role of existing transport cooperatives. Consultation with key stakeholder groups within the PUJ sector revealed that the loss of income of PUJ drivers and operators (especially the small operators running between one to three units who either operate independently or belong to cooperatives) is considered to be the most serious social concern. Final Report 16 .. Social Management Plan Cebu Bus Rapid Transit Project The average boundary earned daily by the operators is PhP653. More than two-thirds (71 %) of the operator-respondents earn between PhP500-PhP750 and own three or less units. The summary of the rate of daily rentals or boundary the drivers pay to their operators per unit of vehicle is presented in Table 4.2-2. Table 4.2-2 Daily Rentals/ Boundary of PUJ Operators 3% 25% 5% 2% 34% 2 2% 19% 3% 2% 27% 3 8% 3% 11% 4 8% 2% 1% 10% 5 1% 2% 2% 6 1% 1% 1% 2% 7 2% 2% 8 3% 1% 4% 9 1% 1% 10 1% 1% 11 1% 1% 2% 12 1% 1% 14 1% 1% 15 1% 1% 16 1% 1% 19 1% 1% Grand Total 5% 71% 16% 2% 100% On the other hand, the magnitude of potential income loss to drivers can be gleaned from the indicative average daily gross income and average daily net income. Daily gross income ranges from a low of PhP900 to a high of PhP3,500 while average gross is about PhP2, 184. Most of the drivers (61 %) have gross from PhP1 ,001 to PhP2,500. After deducting fuel and boundary, the driver derives his daily net income which ranges from PhP300 to PhP2,000. Most of them have daily net from PhP300 to PhP1 ,000 (76%). Average daily net is about PhP822. Based on cross tabulation analysis, majority (55%) have a daily gross of PhP1 ,001 to PhP2,500 and a daily net of PhP300 to PhP1 ,000. The summary of the drivers' daily gross income and daily net income can be seen in Table 4.2-3. Table 4.2-3 Daily Gross Income and Daily Net Income of PUJ Drivers Daily Net Income of Drivers Daily Gross Income of Grand PhP300- PhP500- PhP1,001- No Answer Drivers Total PhP499 PhP1,000 PhP2,000 PhP900-PhP1 000 6% 1% 6% PhP1 001-PhP1500 19% 3% 22% PhP1501-PhP2000 8% 11% 1% 20% PhP2001-PhP2500 3% 11% 5% 19% PhP2501-PhP3000 1% 12% 17% 29% Final Report 17 .. Social Management Plan Cebu Bus Rapid Transit Project Daily Net Income of Drivers Daily Gross Income of Grand PhP300· PhP500· PhP1,001· No Answer Drivers Total PhP499 PhP1,000 PhP2,000 PhP3001-PhP3500 3% 3% No Answer 2% 2% Grand Total 36% 40% 22% 2% 100% Source: SIA Study Team's analysts of Socto-Economtc Survey raw data performed by ITP Tenured Vendors The implementation of the Cebu BRT will not adversely impact the tenured vendors as they will be relocated to equally lucrative areas for their particular business. The Cebu City Government does not consider the relocation of these vendors a major issue in as much as are resources are available and the control of sidewalk vendors is one of its priority. Summary Impacts upon Key Stakeholders The impacts of the Project on key stakeholders are summarized in Table 4.2-4. Positive impacts on the commuters (including senior citizens, PWDs, and women/working mothers) range between medium to high, achieving maximum benefits when Cebu BRT is operational. Table 4.2-4 Impacts of Project on Key Stakeholders TYPE OF CONSEQUENCE OF STAKEHOLDER POTENTIAL IMPACT DESCRIPTION OF IMPACTS IMPACT (+/-) (High/medium/low) - Reduction of in-vehicle travel time Commuters Positive - High - Reduction of waiting time due to high frequency of buses - Enhanced safety - Better customer service - Easier boarding/alighting since bus floor is at the same level as station - Safer and more convenient Senior Citizens Positive - Medium to high walk to the stations due to wider sidewalks - Senior citizens' discount can be integrated in the ticketing system - Easier boarding/alighting since bus floor is at the same level as station - Safer and more convenient Persons with Disability (PWD) Positive - Medium to high walk to the stations due to wider, unobstructed sidewalks - Improved information and payment information - Protection from undue physical harassment due to Women/Working cramped space inside the mothers Positive - Medium to high public transport vehicle - Enhanced convenience and comfort when brinQinQ small Final Report 18 Social Management Plan Cebu Bus Rapid Transit Project TYPE OF CONSEQUENCE OF I STAKEHOLDER POTENTIAL IMPACT DESCRIPT.ION.OF IMPACTS IMPACT (+/-) ·(Highlmediulll/low) ··. children due to step-less boarding and alighting Residents in ' Enhanced accessibility and barangays along the economic/social BRT Route/ opportunities that brings Community-at-large Positive Medium ' Improvement of ambient air quality along the CBRT corridor due to the reduction of PUJ units Residents in ' Relocation due to right-of- barangays at stations Negative ' Medium to high way acquisition to widen the along the BRT Route carriageway Tenured vendors ' Relocation to other areas for along the CBRT vending will be undertaken ' None to Low corridor by the Cebu City Government PUJ Operators Negative ' Medium to High - Potential loss of income PUJ Drivers Negative ' Medium to High ' Potential loss of income Table 4.2-4 clearly shows that the majority of impacted stakeholders receive benefits from BRT implementation some of which are significant. Those that are adversely affected due to property/land acquisition will be adequately compensated through statutory mechanisms. As such the social management plan must concentrate upon the PUJ sector where most impact must be managed to ensure that it lies within acceptable limits. 5.0 STRATEGIES TO MANAGE SOCIAL IMPACTS Based on the evaluation of the benefits and costs of the Cebu BRT on the stakeholders, it is surmised that the adverse impacts will be felt most strongly by the PUJ Sector. This section outlines mitigating measures identified for the PUJ operators and drivers. The advantages/opportunities and disadvantages/issues of each are evaluated based on optimal BRT operations, resource requirement, and views and vulnerabilities of the PUJ industry. 5.1 Options for PUJ Operators Five options have been identified to manage PUJ operator impacts. These include: • Option 1: Remain on their route, despite the impact of the BRT, and hope that a sufficient number of other Operators will withdraw to make the route viable for those who remain; • Option 2: Remain on their route, which has been restructured and will remain strong; • Option 3: Operate on newly opened routes; • Option 4: Cancel their PUJ franchise and apply for open franchises of other transport services such as trucks-for-hire or school service; and • Option 5: Transform their investment to participate in BRT operations. Final Report Social Management Plan Cebu Bus Rapid Transit Project Option One Option One is not considered to be viable due to the following reasons: 1. Retaining the jeepneys alongside the BRT segregated busways would not address the congestion on the road. Congestion contributes to longer travel times, leading to losses in productivity, increased GHG emissions, deterioration in air quality, and increase in respiratory diseases, and diminished competitiveness and liveability of Cebu City. 2. Competition for passengers along the corridor would reduce the viability of either, or both, the BRT and jeepney operators and drivers, thereby compromising overall transport services in the city and leading to unmanaged adverse impacts and potential project failure. Option Two and Three The second and third options are potentially the most viable and acceptable from the perspective of both the BRT operations and PUJ sector. Route restructuring will include either: a) route shortening or truncating to serve as feeders to the BRT; or b) maintaining the origin and destination as reflected in the franchise but altering the travel line or streets traversed to cover underserved areas and link these to the BRT system. Route restructuring has two advantages: 1. Jeepneys would be plying much shorter routes which translate into higher income and less fuel consumption and the potential for greater operational efficiencies. 2. Drivers would experience less stress and fewer traffic violations as competition for passengers would be actively managed through efficient and up to date market reactive, operational planning of jeepney terminals. In addition, the designation of new routes will improve the over-all efficiency of the transportation system in Cebu City as more areas will have access to public transportation. In discussions with CITOM management, they articulated that these options will provide an opportunity for the City to update the travel lines which were established more than 10 years ago. Option Four In the fourth option, PUJs can be awarded franchises to operate school buses or 'trucks-for- hire'. According to the regional office of the LTFRB, there are still available franchises for these services, particularly school services, and the conversion of the PUJs to comply with the vehicle specifications of these services is low cost. Option Five The opportunity offered by Option 5 is for the current PUJ operators to be part of the BRT System; eliminating the view that they have been replaced and displaced. Consultation with the PUJ cooperatives included expressed interest in this option subject to financial capacity. Moreover, for independent operators, there is no existing coherent mechanism to work and negotiate terms of entry into the BRT market. This measure requires a large degree of social Final Report 20 Social Management Plan Cebu Bus Rapid Transit Project preparation to enable collective action and coordination. A corporate or cooperative type of business model represents a major change from the renter type of economic relations prevailing in the PUJ industry. Table 5.1-1 presents the summary of the impacts that the stakeholders will experience from the project. Table 5.1-1 Analysis of Options for the PUJ Operators ~< .·.· OPTION .. Ad>van•g&SJ_,pttunru~s.··. .· •. l.•QilactVQota~•~chanenaei''··· Option 1 ~ Competition for passengers Remain on their route, despite will ensue, reducing the the impact of the BRT, and viability of the BRT and/or hope that a sufficient number of the PUJ, thus compromising other Operators will withdraw to the overall transport make the route viable for those services of the City who remain Congestion will likely occur leading to longer travel time and increased emissions, among others Option 2 & 3 ' Reduction in vehicle - Requires coordinated Remain on their route, which operating costs due to planning between the OOTC has been restructured and will shorter travel distance and and the Cebu City remain strong, or, less congestion Government to identify new operate on newly opened route PUJ drivers more able to routes, feeder routes, and pay their rental fees daily underserved routes ' This is in keeping with the preference of the PUJ drivers and operators Option 4 - Presence of available - Demand for trucks for hire Cancel their PUJ franchise and franchise still to be determined apply for open franchises of ~ Acceptability of scheme for other transport services such as operators still need to be trucks-for-hire or school service validated Option 5 . Provides an opportunity for - CITRASCO and Transform their investment to the current PUJ operators to VUDTRASCO have signified participate in a BRT Feeder be part of the BRT and interest but due to its small Route increase sense of membership, capacity still ownership has to be validated . The PUJ sector is highly fragmented. Thus, for independent operators, no existing mechanism can be tapped into for negotiation 5.2 Options for PUJ Drivers The options identified for the PUJ operators will also benefit the PUJ drivers. In addition, displacement of drivers could also be addressed by the job opportunities that will be opened up by the BRT operation. It is estimated that the first phase of the BRT alone would require the services of some 400 drivers. Apart from this, there will be need for mechanics, welders, and several other types of support jobs. In this regard, participants suggested that current PUJ stakeholders be given priority for such job opportunities. An obstacle towards realizing this suggestion is, however, clear. Most of these current stakeholders have low educational backgrounds and hardly possess any skills other than driving a PUJ. Pursuing this option may require the conduct that special training to these stakeholders. Even current drivers with years of experience might not even qualify as a BRT bus driver. Report 21 ... Social Management Plan Cebu Bus Rapid Transit Project Displaced PUJ drivers may also be placed in non-transport related employment. This option may be availed by those who by choice or compulsion will have to exit the transport industry and begin anew in another line of business. Those with carpentry, plumbing, and welding skills 3 can be placed in labor pool marketing their seNices. The project can support the enrolment of drivers in TESDA (Technical Skills and Development Authority) to get the required certification to enhance their opportunities for both local and foreign employment. Foreign employment is likely to benefit the more educated and younger drivers. Opportunities will likewise be explored through the Department of Manpower Development and Placement (DMDP) of the Cebu City Government. 6.0 IMPLEMENTATION PLAN 6.1 Hierarchy of Mitigating Measures The results of the Cebu BRT Feasibility Study clearly show that impact to the PUJ Industry is inevitable. It will however be minimized through pro-active social impact management. The options that will be pursued are as follows: • Option 2: Some PUJ's will remain on their route, which has been restructured and will remain commercially strong; • Option 3: Some PUJ operators and drivers will operate on newly identified and defined routes for which new franchises will be granted; • Option 4: Those that cannot be accommodated by option 2 or 3 will cancel their PUJ franchise and be assisted in applying for open franchises of other transport seNices such as trucks-for-hire or school seNice; and • Option 5: Those with capacity and ambition will be assisted to transform their investment to participate in a BRT Feeder Route. The above actions will lead to the accommodation of a significant number of displaced drivers. Residual drivers will be given aid to enter either: • Employment in the BRT system in various capacities; or • Employment in non-transport related entities. The options for the PUJ operators and drivers were presented to and affirmed by the Cebu BRT Technical Working Group4 , based on available resources and ability to implement within the next four years complementing the Cebu BRT implementation program. The group has expressed its commitment to lead efforts in mitigating the impacts to the PUJ sector. 6.2 Key Entities in the Implementation of the SMP The successful execution of the SMP requires the cooperation and coordination of various national and local government units as shown in Table 6.2-1. The implementation arrangements outlined below apply only during the implementation phase of the Project. Upon operation of the Cebu BRT System, the responsibility will be transferred to the BRT System Owner and BRT Operator/s. 3 Refer to Section 4 Target Population for details on the survey results 4 The Cebu BRT 1WG is composed of DOTC and its attached agencies, particularly L TFRB and L TO, DPWH, representatives from the Cebu City Government, DPWH, and CITOM Final Report 22 .. Social Management Plan Cebu Bus Rapid Transit Project Table 6.2-1 Institutions Responsible for SMP Implementation: Project Implementation Stage In coordination with LTFRB, update travel lines for the restructured routes and manage traffic within the City, in keeping with its mandate In coordination with CITOM, manage the migration of PUJ operators and drivers to restructured/new routes and to other transport modes such as trucks-for-hire and school service Technical Education and Skills Development Department of Welfare and Development (DSWD} Department for This is an office under the city government uman resource Manpower Development development of the city's residents, job matching and placement, and and Placement (DMDP} holding of job fairs. CCG Philippine Health The Philippine Health Insurance Corporation implements the Indigent Insurance Corporation Program. In this program, PHIC shares the cost of the premium n::ntm.,•nt<:. for with the local nm":>rlnrn<>nt Micro-finance Institutions These are NGOs that provide micro-credit to poor families. Some rural (MFis} banks (RBs) also provide micro-credit. Some of the better known MFis operating in Cebu include Kabalikat para sa Maun/ad na Buhay, Inc. Public Employment An office under the Department of Service Office (PESO} tasked with providing job information, verifying job offers and openings, especially overseas work, job matching and placement. May be tapped to assist to augment opportunities provided by the DMDP for placement of drivers who will the TESDA examinations Report 23 ... Social Management Plan Cebu Bus Rapid Transit Project 6.3 Critical Actions To ensure efficient and effective implementation of the SMP the following critical actions have been identified. These are defined through consultation with the PUJ Industry and are supported by the implementing agencies of the BRT: • Establish a policy to ensure that displaced PUJ Operators receive first preference in franchise re-allocation or renewal This action requires up-to-date information on the socio-economic profile of the affected operators and their capacity to adopt to change. Of particular importance will be to prioritized operators who rely on rentals of their vehicles as the primary source of income for their family. Baseline survey indicates that 55% of the respondents are in this category. Actual numbers and preferred options of operators need to be explored. • Align Franchise termination dates, as shown in Table 6.3-1, with the expected commencement date of BRT, both for the impacted routes and target routes to which displaced units may migrate. The latest LTFRB data on PUJ franchises, last updated in 2009, was forecasted to show the potential number of franchises that will expire between 2012 and 2016, the projected opening year of the Cebu BRT. Table 6.3-1 Franchise Expiration of Affected Routes · ···~:it!~'~'?> ~~~~.: .··········~········.·········.········.·· ;.2012J%l r<·2Q1.~ 201.• % st%r 2o1st%l 04H 66 17 5 29 14 36 060 No Information 06F 56 37 11 4 4 43 070 35 17 19 8 14 42 09C 54 8 38 22 18 13 09F 75 17 23 27 12 21 09G 66 24 32 16 11 16 09H 7 25 13 25 13 25 10C 19 6 6 6 31 50 100 No Information 10E 43 16 28 16 22 18 10F 135 33 13 15 8 31 10G 40 15 10 20 40 15 10M 73 20 1 4 22 52 110 46 20 26 16 16 22 128 27 3 27 30 23 17 120 140 17 24 24 14 20 12J 27 17 3 14 14 52 12L 137 11 5 39 29 16 12M 8 13 0 0 25 63 148 10 0 0 40 20 40 140 116 34 15 12 13 26 The DOTC, through the Land Transportation Franchising and Regulatory Board (LTFRB) is mandated to issue, amend, revise, suspend or cancel the Certificate of Public Convenience (more commonly termed as 'franchise'), based on public need. Ownership of these franchises is considered by the government as a privilege to serve the public. Final Report CPCs are valid for 5 years and may be renewed upon expiration, upon the approval of government. Thus, aligning the implementation of the SMP will put the government in a stronger legal position to negotiate with the affected operators. • Waive franchise application fees and other attendant administration expenses for those involuntarily displaced by the BRT • Establish mechanism for re-training programs for PUJ drivers who opt to exit the PUJ industry and seek employment in non-transport related professions. This action requires that clear guidelines for qualifying for the program be developed and disseminated with easy and accessible registration system. Employment placements after the training will also be identified. In consultations with the PUJ drivers, it was articulated that the program for shifting from PUJ to new employment be conducted in phases. All of these actions are currently being implemented by the appropriate agencies. 6.4 Operationalization of Critical Actions The execution of the SMP and the corresponding critical actions to ensure success requires that up-to-date information on the PUJ Industry must be obtained, particularly on profile of the PUJ Operators and Drivers, with emphasis on their capacity to adapt to change and preferences. Towards this end, the Cebu BRT TWG and the Cebu City Government, in their commitment to manage the impacts, have prepared a PUJ Industry Engagement Action Plan which was presented to partners in the government and non-government organizations during workshop on the 'Social and Environment Impact of the Cebu BRT' held in October 12, 2102. The planned activities will: 1) Verify the route modifications that have to be done and to identify potential new routes using the passenger forecasting model outputs of the Cebu BRT FS; 2) Facilitate agreement among key stakeholders to subscribe to an agreement on mechanism for route restructuring and the corresponding franchise modifications; 3) Obtain full and comprehensive information on the affected PUJ drivers through the operators. Based on the information gathered, conduct interviews to determine vulnerabilities and options; and 4) Craft and agree on the Impact Mitigation Action Plan based on the results of the interviews with the PUJ operators and drivers. The detailed activities with the corresponding responsible entities and timeline are shown in Table 6.4-1. Report 25 Social Management Plan Cebu Bus Rapid Transit Project Table 6.4-1 PUJ Industry Engagement Action Plan <<<.' < ~ ~;;~:·~. /. RJ:SPQN$lSl;& ~':; ; : '" 1"".<: ACJ'MTY"< ' ,~,, '.STATUS. COMMI;~T "•"· . EN'l'llY '•"•/'«' > \ ;:; . ''·''· ''· ~.·':~ ·" , , ( ;< 1. Validation of forecast model CITOM Planning Completed output (logic check) Division 1.1 Review of output of FS Annex CITOM Planning Completed on Data Modeling and Division Forecasting Report 1.2 Validate findings with proposed CITOM, Cebu Completed The CPDO has Comprehensive Land Use Plan CPDO agreed that of Cebu City they will ensure that the CLUP will be compatible with the revised routes 1.3 Submit findings to Consultant CITOM On-going Use of forecast for the Cebu BRT FS for March 2013 model clarification or comments 1.4 Submit findings to LTFRB for CITOM On-going to March I clarification or comments 2013 2. Analysis of routes for potential extension or opening of new routes 2.1 Segregate routes truncated by CITOM Completed BRT or those that will be modified as feeder routes 2.2 Validate each route as against CITOM, Cebu Completed proposed CLUP CPDO 2.3 Gather all letter requests for CITOM, LTFRB, On-going to route extensions and new PNP-TPG February 2013 routes from CCG, PNP Traffic Group and LTFRB 2.4 Come up with draft route CITOM going extension/new routes proposal ebruary 2013 3. Agree on route modification CtTOM, DOTC thru March 2013 proposals LTFRB 4. Development of PUJ Driver Database 4.1 Draft information sheet CITOM, WB, ITP Completed questionnaire 4.2 CITOM letter request to LTFRB CITOM, LTFRB Target to mail information sheet to implementation: operators February 2013 4.3 Data gathering through LTFRB CITOM, LTFRB March 2013 5. Operator Screening 5.1 Draft information sheet CITOM, WB, ITP February 2013 questionnaire 5.2 Sending of questionnaires to CITOM, LTFRB February-March Timeframe operators through LTFRB 2013 include period for retrieval of .questionnaires 5.3 Issuance of letter inviting to ~ ,LTFRB Mid-April 2013 meet with PIU through LTFR 5.4 Operators' Interview Proper PIU April2013 6. Determine eligibility for operations Final Report Social Management Plan Cebu Bus Rapid Transit Project Review and agree on UJ Once livelihood restoration measures TESDA, WB profile and preferences of the operators and the drivers have been ascertained, alternative livelihood options will be The proposals will include livelihood restoration options integrating the results of the operators and drivers ber2013 7.0 MONITORING AND EVALUATION The safeguards specialist of the Project Implementing Unit (PIU) will oversee the implementation of the identified mitigating measures embodied in the resulting Mitigation Action Plan. Moreover, the monitoring and evaluation of the SMP will be made part of the terms of reference of the External Monitoring Agent, who will also monitor resettlement implementation. Unlike a Resettlement Action Plan, one of the challenges of implementing an SMP is the long-term, evolving nature of livelihood restoration, which cannot be done one-off and need constant scrutiny and adjustment The duration of the PIU's and EMA's monitoring will extend only as far as project implementation. Many of the measures found here are scheduled for implementation and will be visible only during operation phase. At the moment, the institutional arrangements for BRT operation are still evolving. The BRT operators which are key players in some of these implementation measures will only be known towards the middle and the end of project implementation, during the civil works phase. The engineering measures and characteristics of the rolling stock enumerated above are one-off interventions whose realization can be known at the end of the detailed engineering design. Their implementation can be monitored and evaluated at the end of civil works. Stakeholder satisfaction and progress in livelihood restoration -or the lack of it- require a longer period to manifest and be detected. Final Report Apart from the external private entities, the City Government Offices mentioned in Table 7.0~ 1 must also take an active part in monitoring the implementation of the SMP, in accordance with their respective mandates. Table 7.0-1 The Cebu City Government Offices and its Monitoring Function for SMP Implementation The city office of overseeing affairs as as with persons with disability (PWD) will monitor how the concerns of these groups regarding fare discounts during operation as well as accessibility of BRT terminal and roll addressed. Division the Welfare of The division of the Cebu City Government tasked to implement the City's the Urban Poor (CCG) socialized housing program and provide services towards addressing the tenurial and housing needs of the homeless citizens. Monitor the Dept. of Manpower Development and Placement (CCG) 7.1 Active Information Dissemination Activities The implementation of a new form of mass public transport in Cebu has required a shifting of paradigms among future users of the BRT and commuters using traditional public transportation modes and openness to new economic opportunities for those whose employment will be affected. Thus, an active information and education campaign will form part of the social management plan. 7.2 Implementation During the planning and construction phases, dissemination of information about the BRT is very important to ensure that all commuters will understand what BRT is all about and what benefits they will get from the project. Moreover, equal access to information on livelihood options must be made available to all affected persons. Based on the baseline surveys and the focus group discussions with the PUJ sector, only about 60% understand what the Cebu BRT system is all about and the various options available. This could lead to resistance to resistance to the eventual implementation of the BRT. Towards this end, the Cebu City Government has prepared the PUJ Industry Engagement Plan to ensure that accurate information is obtained on the affected persons and for the affected persons to be informed of their options. The active engagement of the stakeholders in crafting the way forward is projected to create trust between the stakeholders and the project proponent. 7.3 Operation During the operation phase, it is recommended that the feedback system through crowd sourcing be handled by the BRT Customer Service/ for customer support to ensure that the BRT will provide the high quality customer service as envisioned. There are several existing platforms for feedback in Cebu City that may be utilized: o Crowd Sourcing The crowd sourcing initiative for infrastructure presently being introduced by the World Bank in Cebu City make use of mobile phones for articulating concerns, comments or views on a Social Management Plan Cebu Bus Rapid Transit Project particular topic to a designated hotline number. The need for information and feedback may vary at various stages of the BRT implementation. o Facebook Another avenue through which the general public can express their views and concerns will be the Facebook account managed by the Cebu BRT PMO. During the operations, it is recommended that the responsibility of managing the account be transferred to the BRT Customer Service unit. Report 29 Social Management Plan Cebu Bus Rapid Transit Project REFERENCES Department of Transportation and Communications. (2011 ). The development of public transportation strategic plan for Metro Cebu final report (Vols. 1-5). Philippines: Author. Integrated Transport Planning, Ltd. (2009). Study and concept plan for a demonstration bus rapid transit corridor for the City of Cebu (phase one report). Philippines: The World Bank Integrated Transport Planning, Ltd. (201 0). Study and concept plan for a demonstration bus rapid transit corridor for the City of Cebu (draft final report, v2). 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Operational policy 4.00- piloting the use of borrower systems to address environmental and social safeguard issues in bank-supported projects. Washington, DC: Author. The World Bank. (2011 ). Operational policy 4.12- involuntary resettlement. Washington, DC: Author. The World Bank. (2012). Evaluating the impacts of introducing reforms on jeepney operations in Cebu City (final report). Philippines: Author. The World Bank. (2012). Operational policy 4.01- environmental assessment. Washington, DC: Author. The World Bank. (2012). Operational policy 4.20 -gender and development. Washington, DC: Author. 31 Social Management Plan Cebu Bus Rapid Transit Project United Nations Principles for Older Persons, Adopted by General Assembly Resolution 46/91 December 1991 Laws and Policies Batas Pambansa Silang 344. Accessibility Law. (1982). Executive Order No. 273 s. 1995. Approving and Adopting the Philippine Plan for Gender- Responsive Development 1995-2025. ( 1995). Republic Act 10070. An Act Establishing An Institutional Mechanism to Ensure the Implementation of Programs and Services for Persons With Disabilities in every Province, City and Municipality, Amending Republic Act No. 7277, Otherwise known as the Magna Carta for Disabled Persons, As Amended, and for Other Purposes. (2009). Republic Act 7160. The Local Government Code of the Philippines. (1991 ). Republic Act 7192. Women in Development and Nation Building Act. (1992). Republic Act 7277. Magna Carta for Disabled Persons. ( 1991 ). Republic Act 7432. An Act to Maximize the Contribution of Senior Citizens to Nation Building, Grant Benefits and Special Privileges and for Other Purposes. (1992). Republic Act 9257. Expanded Senior Citizens Act of 2003. (2004 ). Republic Act 9442. An Act Amending Republic Act No. 7277, Otherwise known as the Magna Carta for Disabled Persons, and for Other Purposes. (2006). Republic Act 9710. Magna Carta of Women. (2008). Republic Act 9994. Expanded Senior Citizens Act of 2010. (2010). Republic of the Philippines. (1987). 1987 Philippine constitution. Government Gazette. Final Report Annexes Final Report .- Annex 1 Photo Documentation of Reconnaissance Survey Final Report -· Social Management Plan Cebu Bus Rapid Transit Project *Photo at Bulacao Barangay Hall during site identification with the help of Barangay Secretary Orlando Cabrera (Second from left). Final Report Social Management Plan Cebu Bus Rapid Transit Project *Photo taken during Site Reconnaissance with Consultants Michael Alcazaren, Andrelita Sto. Domingo and enumerators. Final Report Annex2 1st Public Consultation and Focus Group Discussion Final Report -· Social Management Plan Cebu Bus Rapid Transit Project Annex2 1st Public Consultation: Attendance Sheets and List of Participants Final -. e WOODFIELDS CONSULT A ·hrm SP.QMS-04F7 ATTENOANCE SHEET ·.oe:; ,'J0' Eifec11vitY Da!~ Tf.>ageis flooVdcfW) (Ext~~'!al) i 03105l12,,,,, .:1 of__1 Office/ Project: ( t. f Venuo: Start; f !, i End: Subject: lR.eference No.:~ · ·1 ~,_,_ "' ·•M••• ""~• ' " '~"'"~·~·~ • o • • -· · - · - · - - · - ~ ......; NAME f ! . .::.'1.>· .\ i f' "\\ " A ' 1 I' ' . ; ~· ) 1 \ e WOODFIELDS CONSULTANTS, iNC, e ; ATTENDANCE SHEET ... (~1!~'!!~/) Venue: I ......... . 1 End: · L~~~r~c~.~.o,: .I .... e WOODFIELDS CONSULT ANTS~ INC. - ATTENDANCE SHEET ... (~~~f!rt1ct.!) · office/ Project: Venue: Subject: .- .· t :. rl ,; INTEGRATED LIST Of PARTICIPANTS FOR THE EIA PC AND SIA FGD ---------· • Organization/Office Addressed Position Time & Date Metro Cebu Tax.i Ope:.=-at_9~5 Association 22 23 United Vendors Association 24/ "'"'""""" - Cebu ---'-"'"'-·-------------------- INTEGRATED LIST Of PARTICIPANTS FOR THE EIA PC AND SIA FGD (receiving copy) '"T" __ . - ~'" --·~--· ~- -~·~ '""m• "••••••• •-··~·-- "•••• tl Organization/Office Addressed ... ·.. i .' , ·" '· '' INTEGRATED liST OF PARTICIPANTS FOR THE EIA PC AND S!A FGO (receiving copy) ' ,,, ";'' .mo-• M• ••'-'' ,_, .,,,,,. ,, Organization/Office Position Time & Date ... Social Management Plan Cebu Bus Rapid Transit Project Annex 2 1st Public Consultation: Minutes of the Meeting Final Report .· • ! ' '· ,I Social Management Plan Cebu Bus Rapid Transit Project Reference : 12-0347-MOM-12-002 Date: 16 JULY 2012 Venue: SOCIAL HALL, CEBU CITY HALL Time: 9:20AM Facilitator: PAMELA C. CHAN Agenda: 1. Brief Project Presentation about the Cebu BRT 2. Potential Environmental Impacts and Mitigating Measures 3. Potential Social Impacts and Mitigating Measures 4. Workshop per Group 5. Plenary Session - presentation of group outputs 6. Open Forum Final Report Social Management Plan Cebu Bus Rapid Transit Project Highlights of the Meeting • The meeting formally started at 9:20AM with an Opening Prayer and the singing of the National Anthem. • The Welcome Remarks was made by Atty. Rafael Christopher Yap, Director of the Cebu City Traffic Operations Management (CITOM), in behalf of Mayor Michael Rama. • The Program started with a brief Project Presentation by Mr. Colin Brader of ITP. • The presentation on the EIA Process, potential environmental impacts of the Cebu BRT Project and the corresponding proposed mitigating measures was made by Dr. Delfin San Pedro, EIA Team Leader. • The potential social impacts and mitigating measures was presented by Mr. Miguel Guioguio, SIA Team Leader. • To better manage the crowd, the participants were asked to group into four to amend or append to the listed impacts and mitigating measures. • Each group's output was presented to all the participants through the assigned group leader. The following were the issues and concerns identified by the group: Key Issues }~ ·.· .. Action Items 'Responsibility Target Date • ··. .. . · . Group 4 Group Leader: Ma. Susan V. Lastimosa 1) During road expansion/widening, what will happen To be addressed in the Resettlement Action Resettlement to the establishments/houses which will be affected? Plan Specialist Will there be a relocation site? 2) A taxi lane must be provided. Long queues at the To be considered in the Detailed Design terminal. (Richard Cabucos, President of Metro Cebu Final Report I,, .. '· I ' .. '· . ' Social Management Plan Cebu Bus Rapid Transit Project Taxi Operators Association) 3) There must be designated persons/medics to assist PWD passengers at strategic points. (Danny Omayan, President of CCFPWD) 4) Safety measures must be provided for the I passage of the children. (Henry Reynes, Mambaling Elementary School) 5) Where are the locations of the terminals? These should be integrated to the foot bridges and must have provision for PWDs. (Mr. Jesus Ramon Rafols, Cebu Capitol Commercial Complex) Group 3 Group Leader: Ms. Elma Villahermosa 1) There should be enough traffic enforcers and To be addressed by the Traffic Management traffic signs during the construction phase to Plan and Environmental Management Plan. minimize vehicular traffic. 2) Material stockpile must be properly cordoned and provided with signages for safety purposes. 3) Coordinate with Cebu City Risk Reduction Council to minimize localized ponding and flooding during construction. - --- Final Report Social Management Plan Cebu Bus Rapid Transit Project 4) Construction must be properly timed. Consider working at night time along the school To be considered in the Environmental areas and daytime along residential areas to Management Plan. minimize nuisance. What about areas near hospitals? 5) DENR should be consulted with regard to the presence of centennial areas which might be affected. 6) Is there any provision for bike lanes? What is the To be considered in the Detailed Design plan? Dr. Green said that according to the FS Study 7) How much will be the fare in BRT? How is it that is being finalized, the BRT fare is the same compared with jeepney fare? as the current jeepney fare. 8) Make sure that displaced persons are provided This will be discussed in the Social with a sustainable means of livelihood. Management Plan. Group 2 Group Leader: Christine Marie Sanchez 1) There must be a traffic plan to address the traffic congestion especially in areas that will be affected during the construction phase. 2) Public information (in all sectors) regarding the project and its schedule of construction must be done ahead of time in order to minimize discomfort and other negative impacts. I Final Report '·.. . •, r, , , Social Management Plan Cebu Bus Rapid Transit Project 3) If possible, there should be no construction near hospitals and schools, for health reasons. 4) What will happen to the jeepney drivers who may be displaced? They should be prioritized in the plan. 5) There must be a prevention plan for possible clogging and flooding. 6) Safety signage must be installed especially during 1 peak hours to avoid untoward incidents. 7) How is the project going to be sustainable? Are · we looking at 5-10 yeas? 25 years? Who will ensure the maintenance of the project? Other Matters: • No presentation was made by Group 1 and they said that they would rather participate in the Open Forum. Schedule of next Schedule of 2nd Public Consultation to be announced meeting: Prepared by: PAMELA C. CHAN Designation: Project Management Officer Final Report ..... .. Annex2 1st Public Consultation: Photo Documentation Final Report Social Management Plan Cebu Bus Rapid Transit Project Final Report Social Management Plan Cebu Bus Rapid Transit Project Group 1 of the Focus Group Discussion facilitated by Ms. Pamela Chan of WCI Group 2 of the Focus Group Discussion facilitated by Ms. Grace Burac of WCI Final Report Social Management Plan Cebu Bus Rapid Transit Project Group 3 of the Focus Group Discussion facilitated by Dr. Delfin San Pedro Group 4 of the Focus Group Discussion facilitated by Mr. Miguel Guioguio Final Report Social Management Plan Cebu Bus Rapid Transit Project Ms. Elma Villa hermosa presenting the Group 3's consolidated output of their FOG Final Report Social Management Plan Cebu Bus Rapid Transit Project Presentation of Group 4's FGD output by Ms. Ma. Susan V. Lastimosa The participants during the Focus Group Discussions at Cebu City Hall Social Hall Annex2 1st Public Consultation: SIA Presentation Final Report •. PPORTUNITIES • Increase in the overall person carrying capacity of the road (mas daghan ang makagamit sa dalan kay mas dako ang capacity sa BRT); • Integrates with existing land use and can enhance local urban design ideals (dili ra ma-usab ang existing na land use) • ...,.~ncLll.~H•oc along the BRT rou~t,~~J,;,pnd its s willlik,ely inc'r'elJ6e o sa)Mg tungod sa BRT); ''''?:)_, VVC>C>DFIELDS ,'~A' CONSULTANTS. INC_ ~··. A Planning ana Engineering Consumng F•nn !!:9-P"f:'2c- \ '•' .' .. , PPORTUNITIES • Operational efficiencies and travel time savings for customers will be generated among passengers and owners of vehicles (mas mupaspas ang byahe); • Enhanced road safety as aggregate road travel kilometrage will be reduced.d~creasing the ~ '\4~_,\,:'l;;l<::<:< raffic ac:cident (m,as sa1-~~ WC>C>DFIELDS CONSULTANTS. INC. A Planning and Engineering Consulting Firm 1!!5!:-'!!!'.!t! : i'!'!2!! PPORTUNITIES • Construction and operational phase of the BRT shall create direct employment which most likely will use local labor and generate local procurement which will benefit local suppliers and contractors; (naay bag-ong trabahong muabot tungod sa BRT); • BRT's implementations shall produce a total of 570 million hours savings for pas~e,r1gers up to year an aggregate e&o~~:pmic net benefit 'j, -;~ i"~tf;,,~ ~:w:'ii~, {dako kaayo ang ~id n'Cr;oras ·ug kwarta); VVC>C>DFIELDS /~A' CONSULTANTS A . INC_ .\~ ~ Planning and Engineering Consulting Firm !.1!!9..~.. :· - . • ISKS/IMPACTS • Disruption of economic livelihood of the following: jeepney sector, some businesses along the BRT terminals, residences whose property needs to be fully acquired by the project, Informal and ambulant vendors; (pwede mugamay ang kita sa mga jeepney drivers ug mga vendors. Pwede sad apektado ang mga ·- a BRT corridor) VVC>C>DFIELDS CONSULTANTS. INC. A Planning ana Engineering C<:>rnsulling Finn !!!!9-tM!01 : 2!!5!!1! ISKS/IMPACTS • Reduced accessibility to workplace, schools and other social institutions in construction and operation for 14 barangays of BRT route; (posible nga mu-trapik inig sugod nasa construction nga maka-apektar sa 14 ka barangays nga sakop sa Cebu BRT) • Increased security incidents in"''>~(~'*~~ VVC>C>DFIELDS ("?A:'; CONSULTANTS. INC_ '~: A Planning and Engineering Consulting Finn !!!!!..'P'!!!if: 11!!!!!!. - .. , ·. . ' .· ISKS/IMPACTS • Increase traffic density in the CBRT terminal; • Susceptibility to corruption and potential lack of accountability due to large number of sub- contracts; • Anxiety among stakeholders due to lack of understanding and knowledge of the project; VVC>C>DFIELDS / CONSULTANTS .. INC~ A Planning and Engineering Con3ultir>g FiFTn !!!:!!..'1!!!!2:!....;.~ TIGATION MEASURES • Conduct Information, Education and Communication Campaign about the Project • Safety, Health and Security Measures such as CCTVs, adequate toilet, fire extinguisher, first aid should be in place and proper signage; • Accessibility Measures to Disadvantaged Groups such as special ramps/lifts an. d, reserved seats for ior citizens must,~be,visible in the term in ,· . . · e sign·~~~' women only train cars of the LRT/MRT in . . .. . '~&; ro Ma'·AiJ;a VVC>C> D FIELDS /:,;;-.·-·", CONSULTANTS . INC. \~ ....~.·.~:· ~ ,-~ ...00:1' :·1!!!!!! A Planning and Enginoering Consulting F•nn !,!!5!• ... , '• ( .. . TIGATION MEASURES • Organize a multi-sectoral committee to ensure heightened transparency and accountability during project construction; • Build more pedestrian flyover across the BRT lane and equip them with one manual stair and one escalator set; • 'ft~- .,,,, r •m"'*',new Melro CeilWl:£fomprehensive :f~~~-,, -~t:¥;~,7 e and'kansportation plan VVC>C>DFJELDS CONSULTANTS,. INC_ \~~/ A Planning and Engineering Consulting Finn !!9..•9!rf~ TIGATION MEASURES • Livelihood measures: -Open routes/other transport modes; - BRT hiring of drivers for the buses; -Skills training in automotive mechanic, welding, and entrepreneurship; - Micro-finance loans to the driver/operator for business VVC>C> D FIELDS ( ..,...a;.:::~ CONSULTANTS. INC_ '~- A Planning and Engineering Consulting Finn !!9...Gii:n": il!!!!! \ .. ~ I , ' ; ',, TIGATION MEASURES • One suggestion of this study is to create a corporate entity whose majority (51%) stock shall be made up of operators/drivers. This corporation shall be sub-contracted by BRT to take care of security, janitorial, and maintenance of BRT facilities with the asting to 25 years,r,~newable for an , , ,, ,ars. ''shoulds,be run by ·.iJ · profession VVC>C>DFIELDS r:-:.A:', CONSULTANTS. INC- ·,~: A Planning and Engineering Consulting Firm S!!!,.Wt'~;2P.!!'o!: Unsa pa ang inyong ikadungag? Maminaw mi. aghang Sala;ma~t! \/VC>C>DFIELDS //.A_, CONSULTANTS, INC_ ~~~: A Planning and Engineering Consul6ng Firm eg_.!CXtf: aze!!!! I ' ' . ' Social Management Plan Cebu Bus Rapid Transit Project Annex 3 2nd Public Consultation Final Report Annex 3 2nd Public Consultation: Attendance Sheets Final Report ···-·------·············~-------------····· WOODFIELDS CONSULT ANTS, INC. ATTENDANCE SHEET - -- __ _ (Exte~~l) Office/ Project: c t p, v I" r.J 1! Attc.. '2t:il. ··r --~me:.:: >-- Tl -----·-··········; __~--·-__: l P.t : Start: !End:-·--· ·-----·- ·-------- · · · ·- -·j Reference No.~ Subject: I E-MAIL ADO. CONTACT NO/S. (Arr: t:.L;A _L_C!':~ , '-I_"( 1(.1. 06 l \,. :(1 . . ----~-j~ ~'fi±l_-r:l'!J!..._"'--~:_::_· -~ - ·~./ ·. Social Management Plan Cebu Bus Rapid Transit Project Annex 3 2nd Public Consultation: EMP Presentation Final Report ' '' Republic of the Philippines DEPARTMENl OF lRANSPORlATION AND COMMUNICAliONS Second Public Cebu BRT Consultation Project's F.nvironmentaf 0?tucfieJ' frCehu ~ 1 1ranJit Impacts and Environmental Management Plan (EMP) August 31, 2012 Cebu City ~ tf . ~l. ci:ii=f.1 ~ ~g :r::E~~3·~--' Cebu BRT Project ......-----------, T . ecnn1ca1 uescrt lJescriplion of Location tiOO$ Lalitude !Nl Longitude (El 1. Bulacao Terminal 10'16'27.34"N 123'51 '0.17"E 2. Holy Rosary School Station 10'16'49.61 "N 123'51'22.34"E 3. Greyhound StatiOn 10'17'2.81"N 123'51'33.84"E 4. San 1 ose Recoletos StatiOn 10'17'16.41 "N 123'51'49.96"E 5. F. Uamas Station 10'17'22.66"N 123'52'10.52"E 6. Mamba ling Flyover Station 10'17'24.84"N 123'52'29.42"E 1. Mamba ling Flyover StatiOn 2 10'17'26.72"N 123'52'39.11 "E 8. Cebu Institute ofTechnologyStatiOn 10'17'36.96"N 123'52'50.43"E 9. Salazar Institute of Technology StatiOn 10'17'46.63"N 123'53'4.6l"E 10. V. Rama Station 10'17'50.49"N 123'53'2l.n"E 11. Cebu South bus terminal 10'17'55.09"N 123'53'39.46"E 12. Cebu normaiUntversltyStation 10'18'1.65"N . 123'53'47.39"E 13. Cebu normal U nlversity Station 2 10'18'5.53"N 123'53'46.00"E 14. Uytengsu StatiOn 10'18'15.10"N 123'53'42.64"E 15. Uytengsu Stat1on 2 10'18'18.93"N 123'53'41.22"E 16. Capitol Site Station (No Name) 10"18'47.75"N 123'53'31.10"E 17. Capitol Site StatiOn 2 (No Name) 10"18'52.03"N 123'53'29.51"E 18. Our Lady of Sacred Heart StatiOn 10"19'4.39"N 123'53'48.16"E 19. Gorordo Station 10'19'6.63"N 123'53'58.82"E 20. Gorordo Station 10'19'7.60"N 123'54'1.60"E 21. BRTTerminal at Ayala (Bohol) 10'19'8.16"N 123'54'12.84"E : 22. Bus stop on Arch. Reyes Ave.- Approx 10'19'22.15"N 123'54'19.39"E 20 meters north of P.cabantan 23. Bus Stop on Gov. M.CuencoAve.· 10'19'38.71"N l23'54'30.22"E Approx 30 metersnorthofSalinas DriVe 24. Cebu IT Park Terminal 10'19'44.55"N 123'54'24.9S"E 25. Bus Stops at Go\1. M. CuencoA11e. and 10'20'5.99"N 123'54'38.96"E Old Cara Rd. Intersection 26. Bus Stops at Gov. M. CuencoAve. and 10'20'8.82"N 123'54'39.47"E I Old Cara Rd. Intersection 2 27. Bus Stop at Banilad (GaisanoCountry 10'20'19.36"N 123'54'41.39"E I Mall) 28. BRT Station North of Fortuna St. 10'20'43.90"N 123'54'45.49"E : Flyo11er 29. Bus Stop adjacent to University of San 10'21'6.76"N 123'54'49.8l"E Carlos 30. Bus Stop at Proposed Signalized 10'21'35.65"N 123'54'55.87"£ Intersection at M.l. Quezon St. 31. Bus Stop at Proposed Signalized 10'21'37.23"N 123'54'55.5l"E Intersection at M.l. Quezon St. 2 32. Bus Stop Adjacentto Talamban 10'21'58.55"N 123'54'49.94"E Shopping Mall 33. Ta!ambanTerminal 10'22'8.31"N 123'54'58. 01 "E - 34. Talamban Terminal2 --------- ------~-------- 10'22'9.23"N ...... 123'54 '59. 73"E • l j --...·. \.·a~z: \<~ "I ~.~~ 'l~ =:~:-~.:;-;,_ ~-----·-· I •' ... ' The EIA Study Area .0 . - Pllase il- rl- ~ f, - " - Bus Pricrit'J Route A - Potential Future Edenslons g.. '~ Ta}amban .1. Station 0 BRT lnteu:hanye .. .... ~ l: 0 BRT Terminal I """' ~ I -~ \ ~bu Do:tou Hoapite. ::, I f ; lue 'lte Cire:e 1 > Q I .. , :II ..t!f BRT Impact Corridor ~ ~ ~1 6ttllllgt~o II C C ': ! t.:. . a a:; >. ~ t .:. E 11 ' I .3' b !! = c: .. !- ,., ::1 -- ialatao Q ... "'li-.,.. •..:!!' ~'~"' ~ !- - .;;;;!...;:Z:.Il :,., :i "'$: ~I L O!bJ N:r'lll. U·lvBsity I ___ _._'(~~~~# • 50-m width \. - - t'-"'11: 11'1 . .- .11 . . ' ~ ~, a:; If a: flllllfll • 70-m with (for are with stations) ) Sf-1 • "C c C\1 J: (..)>. C\1C) 0 .... c.o - 0 C."C <(0 >.;; "CCI) .a:e en - and construct the BRT arriageway and appurtenances within the road ROW; ' ·. . ... t •. Cebu BRT Project's Impacts and EMPs Poten~i.aJ••••·•Irnpac~.s Rec.ornmendediEMP A. Operation.•· Phase Compliance with DENR noise standards and provision noise barriers to sensitive areas when necessary Compliance with vehicle emission standards Provision of IEC and project awareness campaign; provision of safety measures, signages and road markings Cebu BRT Project's Impacts and EMPs Potential Impacts Recommended EMP A. Operation Phase Provision of solid waste management plan in accordance with the local ordinance and provisions of RA 9003; provision of domestic wastewater treatment se of solar panels to .minimize reliance to local pow~r provider Provision of intelligent transportation systems (ITS) '. ' Cebu BRT Project: IMPACTS and Environmental Management Plan (EMP) Pre-ConstruCtion Phase Cohstruction Phase Operation Phase (2009 to 20 12) (20 13-20 IS) (20 IS onward) Study ofTraffic Conditions in Strict implementation of Use of Intelligent Traffic BRT Corridor and Vicinities ITMP Management System Formulation of Integrated Traffic Management Plan Conduct of monitoring (ITMP) works to check About I to 2 months prior to compliance with ITMP by construction phase, pre-testing various stakeholders, PP of ITMP must be done and DENR Responsible Parties: Responsible Parties: Responsible Parties: Design Consultant{ITP): to formulate the ITMP CCG - CITOM: to CCG- CITOM :to DOTC & CCG: ensure that implement ITMP on ensure that the ITMS is ITMP is ready for ground working at all times implementation Contractor: to assist CCG CITOM~()\pre-test the CITOM and follow ITMP provisions of ITMP Monitoring Works (MW): Internal. MW- DOTC, CCG, Contractor External MW - WB, DENR, local stakeholders Location of MW: Entire BRT Corridor and Vicinities Cebu BRT Project: IMPACTS and Environmental Management Plan (EMP) EMP.Strate ies and lm ·lementation Period Impacts Pre-Construction Phase Construction Phase Operation Phase (2009 to 20 12) (20 13-20 15) (20 15 onward) Identification of affected stakeholders Conduct of monitoring Formulation of Utility Re-provisioning works to check Plan (URP) compliance with Utility Coordination of DOTC/CCG with Re-provisioning Plan Utility Providers and Affected Stakeholders Implementation of Utility Re- provisioning Plan Conduct of monitoring works to check compliance with Utility Re- Provisioning Plan Responsible Parties: Responsible Parties: Design Consultant & EIA Study Team CCG and (WCI)- to formulate the URP Contractor - to DOTC & CCG- ensure that URP is ensure that URP is well coordinated with utility providers imp1emented prior CCG- to ensure that utility to construction providers have complied with Utility phase Re-provisioning Plan MonitoringWorks (MW): Internal MW : DOTC, CCG, Contractor External MW- WB, DENR, local stakeholders Location of MW: Entire BRT Corridor ' ' ' Cebu BRT Project: IMPACTS and Environmental Management Plan (EMP) ~- Qp~ratj(l(J',.~.-.se 20 I S onwari.l Identification of affected trees and vegetation Conduct- DOTC,CCG, Contractor, BRTOperator External M\1\1- WB, DEN R,local stakeb(ilt:f~ Location. of MW: Entire BRT Corridor and vicinities Cebu BRT Project: IMPACTS and Environmental Management Plan (EMP) EMP. Strate ies and lm lementation Period Impacts Pre-Construction Phase Construction Phase Operation Phase {2009 to Present) {20 13-20 15) {20 15 onward) Identification of affected ROW and Conduct of monitoring properties works to check Minimization of impacts to properties compliance with SMP through adaptive engineering design Formulation of Social Management Plan {SMP) Coordination with affected property owners and other relevant government agencies Implementation of SMP Conduct of monitoring works to check compliance with SM P Responsible Parties: Design Consultant {ITP) & EIA StudyTeam {WCI): to formulate SMP DOTC & CCG: to ensure that SMP is available for implementation DOTC & CCG:to implement the SMP MonitoringWorks {MW): Internal MW- DOTC, CCG, Contractor External MW -WB, DENR,Iocal stakeholders Location of MW: Entire BRT Corridor I ' ~ ' ' ' Cebu BRT Project: IMPACTS and Environmental Management Plan (EMP) .constr~€tl~n·••Phase····· Operation Pl'lase · .· 201\3-2015 2015 onward Formulation of waste Implementation of waste management and spoil management and spoil management plan management plan including sound engineering practices and good house keeping Responsible Parties: Responsible Parties: Design Consultant (ITP) & EIA Contractor under Study Team (WCI): to formulate the supervision of waste management and spoil CCG management plan CCG : to ensure that the plan is available for implementation and the plan becomes part of the provisions of the Contract Agreement Monitoring Works (MW): Internal MW.- DOTC~CCG,.·.Contractor External MW- WB, DENR, loc:al stakeholders Cebu BRT Project: IMPACTS and Environmental Management Plan (EMP) Pre-Construction Phase Construction Phase Operation Phase 2009 to Present 2013-2015 2015 onward foprnulation of constriuCt:ion l~mplem~ntation of materiar··~~nagemen~•••plan ~~nstruction ima~~rHll management . Social Management Plan Cebu Bus Rapid Transit Project . .";l \ Reference : 12-0347-MOM-12-003 Date: 31 AUGUST 2012 Venue: CEBU CITY MEDICAL CENTER AUDITORIUM Time: 10:00AM Attendees: ~-. · .· see attached Attendance Shee.t ~omcw- . ~-- Not Name. . Office/ Position Initials . ' ~ '.~' Present: i 1. 2. 3. 4. Final Report Social Management Plan Cebu Bus Rapid Transit Project 5. Facilitator: PAMELA C. CHAN Agenda: 1. Brief Project Presentation about the Cebu BRT 2. Presentation of Potential Environmental Impacts and Mitigating Measures 3. Open Forum Highlights of the Meeting • The meeting formally started at 1O:OOAM with an Opening Prayer and the singing of the National Anthem. • The Welcome Remarks was made by Atty. Rafael Christopher Yap, Director of the Cebu City Traffic Operations Management (CITOM), in behalf of Mayor Michael Rama. • The Program started with a brief project presentation by Dr Delfin San Pedro, EIA Team Leader, which includes the final alignment, identification of potential environmental impacts and mitigation measures were also presented. • It was clarified that details of the alignment and the design are further explained in the FS prepared by ITP and in the Cebu BRT website. • A simulation of the actual BRT was presented from the video found in the website of Cebu BRT. • An open forum was conducted to clarify some issues and suggest further inputs for the Draft EIA Report. • Most of the participants wanted the Cebu BRT to be implemented by the private sector than the government or through PPP. • Dr. Hussein Lidasan explained the risks involved in different institutional arrangements (private, government or PPP). Final Report l ' ~ ·. " .. • .. . Social Management Plan Cebu Bus Rapid Transit Project l~~~~tt;~~~~;·~;· .·. · l< 1) Need for more information Reepense Rest;toeslbillty TatgetDate Can you show us the traffic flow during the Traffic congestion is expected during the construction phase? What are the proposed construction phase. lnfonnation regarding solutions to alleviate traffic during construction? - traffic re-routing and management can be Mario Me/ano, DepEd found in the Traffic Management Plan. The project implementation will be by phases so as to minimize traffic congestion. Traffic signs and traffic advisories shall be made available to the public prior to construction. - Dr. Delfin San Pedro CITOM will talk to the contractors to ensure minimal traffic congestion during the construction period. Construction will be done in phases. - Atty. Raffy Yap We do not have a moving presentation at this time. To further explain, a dry-run of the Traffic Management Plan will be conducted for 3-4 months prior to implementation to undergo further refinement. A traffic survey was Can you help us visualize the movement of traffic conducted to detennine the volume of vehicles during the BRT construction? Especially for Bulacao in the maj9r thoroughfares which was used as which is a very narrow route. -Mario Melano one of the parameters in traffic re-routing schemes. One of the measures is to properly inform the public about the construction schedule in advance. This should also be discussed to the barangay captains and councilors during the barangay consultations - Final Report Social Management Plan Cebu Bus Rapid Transit Project Dr. Delfin San Pedro 2) Duplication of buses will increase traffic. There will be duplication if southbound buses still That concern has already been raised to the enter Bulacao. Is there a measure that buses from City Council because it will really be difficult if the South will only be up until Bulacao so that all the the southbound buses are also in the terminal. passengers will be taking the BRT and traffic volume However, the only complication is that the will be lesser? Will there be widening of roads and South Bus Terminal has a different owner. provision for sidewalks? - Carlita Millon, Mambaling Dialogues with them were already started Elementary School because they (southbound buses) will surely be affected with this project. An ordinance will be passed stating that either: a) they go directly to the South Bus Terminal without picking up passengers on their way or b) transfer the location of the South Bus Terminal, which is a challenge considering the political consideration in Cebu -Atty. Raffy Yap Other transportation routes whether bus or jeepneys which will be displaced as a result of the BRT can still serve as feeder routes which will carry passengers to the BRT. Regarding widening and provision for sidewalks, widening will be done in some areas and provision for pedestrians such as sidewalks is part of the design -Dr. Delfin San Pedro Actually during the time· of Mayor Osmena, there was 1 All these things are being considered, it's just a an alternative bus terminal that was introduced by to Final Report I 1lil ~ 1 '• \ , . . • ··' Social Management Plan Cebu Bus Rapid Transit Project '·/·"·\ \..~.~ the Mayor for the mini-bus. But the Mayor said that matter of decision - Dr. Delfin San Pedro the mini-bus and the big buses can stay in the same area near the entrance of SRP. But sad to say, with the change of administration, the issue has been The Cebu City Government would like this brought back to Mayor Rama. But the Mayor said Project to push through despite the political that it was very hard.- Richard Coromina, CBPOA issues on the way.- Atty. Raffy Yap The BRT is patterned with the BRT in Brazil right? - Actually, it is patterned after all the good Richard Coromina, CBPOA experiences from BRT all over the world. We will adapt .measures responsive to the local situation. -Dr. San Pedro What will happen to the four existing flyovers? Are No flyovers will be displaced. The BRT will they going to be affected by the projects? -Richard utilize the existing flyover structures or avoid Coromina, CBPOA them. From our understanding of the presentation, it will hit I don't think there will be conflict between the the flyovers especially the one in Mambaling. The BRT and the existing flyovers. The important taxpayers spent for the construction of these thing to determine is how they will complement flyovers. - Mario Melano, DepEd each other. The BRT targets those who are using the public transport. The flyovers will cater mainly to private vehicles. This is also considered in the Detailed Engineering Design. Another thing, we need to look at where jeepneys could possibly connect to the BRT route -Dr. Tho Lidasan, Land Use Planner 3) What will happen to the special lane of the /It can merge with other traffic in some portions BRT at intersections? Will this be cut? The of the alignment -Dr. Tho Lidasan implementation of the BRT should not affect the Final Report Social Management Plan Cebu Bus Rapid Transit Project local business and the locality in general. .• ~ , "w• /···\· •..., .- , •• ~-l"' }· Richard Coromina, CBPOA Right of way will be acquired to accommodate the dedicated lane for BRT in the middle, and two lanes in the left and right sides of the BRT including a sidewalk. Pedestrian crossings and traffic lights will be the same because the project will be on ground.-Dr. Delfin San Pedro 4) Do you have a simulation of the actual BRT? There will be a separate venue for that which We would like to see the will be in the presentation of the design. Let us focus the discussion on the environmental impacts of the project. -Engr. Maricon Encabo, 0/C-BRT A separate venue will be arranged for those who would like to view the design and the actual BRT simulation so that Dr. San Pedro can continue with the discussion. -Ms. Arlene Donaire, WB 5) If the terminals are in the middle, how do the On-ground pedestrian lanes are provided. The pedestrians access the terminals? Intelligent Traffic Management System will play a big role for this. Another innovation in the project is to use roof with solar panels to capture energy and use this to power the road/traffic lights. Thus, it will not compete with the local consumption. Final Report 1 , • . . .. \ .' ,. Social Management Plan Cebu Bus Rapid Transit Project _,) ·•'"iii;., .•... \...• 6) Are the buses driven by drivers? Will the Yes that is considered in the FS and the EIA displaced jeepney drivers be prioritized for this? and the SIA. 7) Is the BRT implemented by the local Although not yet final and under study, government or national government? normally the civil works will be the government's responsibility but the supplier of the buses and the operators will be the private sector. Generally, that will be the institutional arrangement. This will be a Public-Private Partnership (PPP) project - Dir. Terry Galvante, DOTC The Public-Private Partnership concept that will be used will be the one effective for the project. -Dr. Tho Lidasan 8) During road widening, will the Mambaling Those will be considered in the design. The skywalk be affected? The taxpayers spent for Detailed Engineering Design will address that - that. -Carlita Millon, Mambaling Elem School Dr. Delfin San Pedro 9) Is the SRP included in Phase 1? Yes -Atty Raffy Yap There will be widening in some parts of the 10) Where is the station in Fuente Osmena? What elliptical road. Impact on accessibility and traffic will be the impact of this to the accessibility of was considered in the design and the Traffic pedestrians? -Fioramie Vega, Robinson's Land Management Plan -Or. San Pedro 11) How much is the unit cost of the bus and the The unit cost is 190,000. The full seating capacity? capacity is 100. -Engr. Maricon Encabo 12) What fuel will be used for the bus? Super Clean diesel will be used. Final Report Social Management Plan Cebu Bus Rapid Transit Project 13) Were the drainages considered in the Re-provisioning of utilities will be conducted construction of the BRT? - Richard Coromina, prior to construction so as not to affect CBPOA drainage, water supply and other utilities. A Utilities Re-Provisioning Plan (URP) shall be prepared and coordinated with utility providers. -Dr. San Pedro Other Matters: • None Schedule of next To be announced meeting: Prepared by: PAMELA C. CHAN Designation: Project Management Officer Final Report I • , \;., '• Annex 3 2nd Public Consultation: Photo Documentation Final Report .. Social Management Plan Cebu Bus Rapid Transit Project Atty. Rafael Christopher Yap, Director of the Cebu City Traffic Operations Management (CITOM) during the Welcoming Remarks of the 2nd Public Consultation at the Cebu City Medical Center Auditorium. . _ .. Social Management Plan Cebu Bus Rapid Transit Project ••• \_ _ _ ,.J ••••• '~·· Final Report . ,. Annex 3 2nd Public Consultation: SMP Presentation Final Report .- ... -· ..-- •, -- ................. ·-· Possible Impact Mitigating Agency to PAPs Measures to Source of Concern · Measures Respond be Done Resource Public Multi-media City residents/ CCG, BRT Mgt, Pre- CCG, DOTC, perception/ IEC campaign commuters PIA Construction, BRT Mgt, awareness Construction -Creation of feeder route franchises; -Creation of possible new Loss/diminished franchise PUJ drivers/ CCG, LTFRB- Pre- CCG income areas; operators DOTC Construction -Gradual re- structuring of PUJ routes along BRT e; ((A~, CERT \\~ . ''·~ ~ "' ~ I .~ ~t "I . . ,) Timeline for Possible Impact Mitigating . Agencyto PAPs Measures to Source of Concern Measures Respond be Done Resource -Job absorption in BRT CCG, BRT Mgt -Skills training CCG, BRT Mgt CCG, BRT Mgt {based on in coordination expressed need) with TESDA Loss/ PUJ - Micro-credit CCG, BRT Mgt, Pre- diminished drivers/ facility for micro Micro-Finance Construction Micro-Finance income operators to small Institutions, Institutions enterprises DTI -Formation of SEC, DOLE- Corporate Entity BLES with From PUJ to provide facilitation Operators/Driv manpower assistance ers & investors form CCG -- T0VRheinlande' CERT Timeline for Possible Impact Mitigating Agency to PAPs Measures to Source of Concern Measures Respond be Done Resource -Compensation Land and on land and structure structures (Refer owners Physical to RAP) Pre- dislocation of -Resettlement for Informal CCG,DOTC CCG, BRT Mgt Construction PAPs informal settlers settlers (Refer to RAP) along affected I ', l' '., ~ l 4.. ' Timeline for Possible Impact Mitigating Agency to Measures to Source of PAPs be Done Resource . Concern Measures Respond Business owners along route directly Economic affected Pre- dislocation of because of CCG, DOTC Construction, DOTC businesses expropriation Construction along route and during Construction Phase Timeline for Possible Impact Mitigating Agency to Measures to Source of PAPs Concern Measures Respond be Done Resource Traffic flow City congestion in management at commuters, the bus stations bus stations motorists CCG, BRT Mgt and residents Operations BRT Mgt Cross-over Strategic Phase accessibility pedestrian fly- Residents over/pedestrian CCG, DOTC and crossings across commuters the BRT lane ' • !'"' t • ' ..C, I Timeline. for Possible Impact Mitigating Agency to Measures to Source of PAPs be Done Resource Concern · Measures Respond -Affordable bus fare pricing scheme; Business -Special owners along Accessibility of accessibility route directly disadvantaged ramps affected Pre- groups (PWDs, -Special "seats" because of CCG,DOTC Construction, DOTC Sr. Citizens, for PWDs, Sr. expropriatio Construction Women & Citizens; nand during Children) - Segregated Construction women/children Phase section in the bus Timeline for Possible Impact Mitigating Agency to Measures to Source of PAPs Concern Measures Respond be Done Resource Concentration -Adequate of people lighting; in/within bus - CCTVs in stations draw strategic places; risks on -Security guards Commuters security, safety in strategic and and health areas; Operations residents BRT Mgt BRT Mgt concerns --Adequate Phase along the sign age; CBRT line --Fire safety; -Sanitary toilets; --First aid availability; --No smoking ' '. ..: 1 ~. ,. -- Social Management Plan Cebu Bus Rapio Transit Project Annex4 Legal Considerations for SMP Report Social Management Plan Cebu Bus Rapid Transit Project f LEGAL CONSIDERATIONS FOR THE SMP The 1987 Philippine Constitution As the highest law of the land, the Philippine Constitution of 1987 provides for all high- level relevant principles, policies, guides and statutes for the administration of the country. In consideration of the Social Impact Assessment Study for the CBRT, the following constitutional articles are deemed relevant and applicable 1: a.) Article II Section 10, 13, 14 and 15: This Article II of the Philippine Constitution declares the foundational principle and state policies of the country. The main focus of the relevant section cited involves those on social justice, role of the youth and of women in nation-building and the protection and promotion of the right of its citizens to health. Within the context of the CBRT and the SIA Study, these constitutional principles and policies must be observed and upheld at all times. Projects must not cause marginalization nor have detrimental effect on people; and even if such cannot be avoided, then justice requires that they be dutifully and fairly treated either by compensation or any means necessarily judicious. The role of the youth and women must be considered and their rights not trampled upon either through usurious charging of fares, discrimination, disregard for their safety and security, or any other unfair treatment that violates their basic civil and human rights. Further, at no instance should the health of citizens be imperilled by the implementation of projects especially if such projects provide public service or public goods. b.) Article Ill, Section 6 Article Ill of the Constitution lays down the rights of its citizens, and the particular section defines that the right to travel may not be impaired except in certain conditions defined by law. For the CBRT, the resulting bus service must not impair the right of commuters to travel, nor will they be coaxed into patronizing such public conveyance against their will. Republic Act 7160 s. 1991- Local Government Code The passage of the Local Government Code has greatly empowered the local government units (LGUs) while at the same time increase its accountability to its constituents. These powers, as it applies to the CBRT, are in terms of eminent domain, land use, fiscal authorities, enhanced local legislation, special land transport franchising and enhanced authority over project implementation of national government agencies. 1 The specific provisions of the mentioned Articles can be found on the Annex. Final Report Social Management Plan Cebu Bus Rapid Transit Project Batas Pambansa Big. 344 s. 1983 (Accessibility Law), Republic Act 7277 s.1991 as amended by Republic Act 9422 s. 2006 (Magna Carta for Disabled Persons) BP 344 is more commonly known as the Accessibility Law which required full access to all persons with disabilities and has thus imposed sanctions upon persons and entities which fail to provide physical access as well access to opportunities, growth and development to all PWDs. Meanwhile, RA 9422 (which amended RA 7277) further provided benefits to all PWDs to ensure the ratters role in nation-building and a quality of life befitting any other decent human being. The design of the bus and all other components of the CBRT must take cognizance and full compliance to the requirements of the law. Republic Act 7432 s. 1992 as amended by Republic Act 9257 s. 2003 and further amended by Republic Act 9994 s. 2010 (Expanded Senior Citizens Act of 2010) The pertinent laws mentioned above is concerned on the recognition, promotion and protection of the role, rights and benefits of elder persons in nation-building, community life and personal living. Among the salient benefits that must be provided to senior citizens are the discounts on fares, medicines, etc. For the CBRT, the design of the bus and all project components must observe and comply with the requirements of the law. Republic Act 9710 s. 2010- Magna Carta for Women The Magna Carta for Women strongly resolves to ensure that the role of women in the economic, political and socio-cultural realities of nation-building is promoted and their civil and human rights protected. The law requires that all government development plans, programs, policies, projects and activities do not discriminate against women and affirmed the rights, roles and needs of women. This particular law provided more clarity and definitiveness missing in RA 7192. Republic Act 7192 s. 1992 - Women in Development and Nation Building Act This seminal legislation first propounded the importance of gender equality, specifically recognizing women as having the rights and opportunities as men, thus ensuring that their participation in nation-building is ensured. The law specifically mandated all government agencies to set aside a substantial portion of ODA Funds to support programs and activities for women; ensure the participation of women in development programs and projects specifically those funded by ODA; and, to review and revise all government regulations with the view of removing gender bias therein. Implementing Rules and Regulations of Batas Pambansa Bilang 344 The crucial provision of the IRR is in clarifying the minimum requirements and standards to make buildings, facilities and utilities for public use accessible to disabled persons. Final Report .. .. Social Management Plan Cebu Bus Rapid Transit Project , The IRR spells out where accessibility features must be located to ensure maximum utility, as well as the responsibility of building owners and constructors in ensuring that such accessibility structures are present. LTFRB Memorandum Circular No. 2011-004- 2011 Revised Terms and Conditions of Certificates of Public Convenience (CPC) The relevant passages are the following: 1. The PUV operator shall ensure that the commuting public has adequate, safe, convenient, environment-friendly and dependable public land transportation services at reasonable rates through the strict implementation of land-based transportation policies, programs, and projects responsive to an investment-led and demand-driven industry, and in adherence to the provisions of the Clean-Air Act and other related environmental laws. 2. The PUV operator shall prohibit smoking or the act of carrying a lighted cigarette or other tobacco products within the terminal/garage or inside all PUV's and shall cause the prominent display of the "NO SMOKING" signs within the premises of the terminal/garage and inside all PUV's. 12. The PUV operators shall grant fare discounts as prescribed by law, policies, rules and regulations to Senior Citizens and Persons with disability. 13. The PUV operator shall grant fare discounts to students during school days and shall cover only those currently enrolled, in Preschool, Elementary, Secondary and Collegiate schools including academic, Vocational and Technical schools duly recognized by the Government, EXCEPT: those of dancing and driving schools, short term courses of seminar type, and post graduate studies (those taking up medicine, law, masteral, doctoral degrees and the like). 15. The PUV operator shall display the International Symbol of Accessibility in their units and shall designate seats in all their units specifically for the use of Persons with Disabilities as follows; For PUBs: Regular buses shall have at least five (5) designated seats for PWDs near entrance doors; . Air-conditioned buses shall have at least four (4) designated seats for PWDs near entrance doors. For regular and air-conditioned city buses, other passengers may use those designated seats if not occupied but shall yield them to incoming PWD's whenever the occasion arises. For provincial buses other passengers may use those designated seats if no PWDs shall occupy these seats at the start of the trip. Owners or operators of PUBs operating in highly urbanized cities shall install in their units audio-visual aids such as buzzers, bells flashing lights to inform the driver of any alighting passenger. Final Report .. Social Management Plan Cebu Bus Rapid Transit Project For Bus Tenninals and Stations: Widen doors/access to comfort rooms to be able to allow the entry of wheelchairs; Provide ramps for easy access by wheel chair to the waiting lounges; and Mark a bench or space for the use of PWDs in waiting lounges. This may be used by others if there are no PWDs using it. It shall be considered discriminating for PUV operators and their drivers/personnel to charge higher fare or to refuse to convey a PWD, his orthopaedic devices, personal effects and merchandise by reason of his disability. 21. Every passenger is entitled to a free carriage of 10 kilograms of baggage and shall pay the corresponding freightage for excess weight. 22. When the PUV operator's unitls carry both passengers and freight , the freight shall be placed in a separate compartment, except packages or bundles the size of which will allow placement under the seats without causing inconvenience to and compromising the safety of the other passengers. Final Report