Technical Assistance Consultant’s Report

Project Number: 36188 November 2008

NEPAL: Preparing the Secondary Towns Integrated Urban Environmental Improvement Project (Financed by the: Japan Special Fund and the Netherlands Trust Fund for the Water Financing Partnership Facility)

Prepared by:

Padeco Co. Ltd. in association with Metcon Consultants, Tokyo, Japan

For Department of Urban Development and Building Construction

This consultant’s report does not necessarily reflect the views of ADB or the Government concerned, and ADB and the Government cannot be held liable for its contents. (For project preparatory technical assistance: All the views expressed herein may not be incorporated into the proposed project’s design.

TA 7182-NEP PREPARING THE SECONDARY TOWNS INTEGRATED URBAN ENVIRONMENTAL IMPROVEMENT PROJECT

V o l u m e 6: POVERTY REDUCTION AND SOCIAL STRATEGY

in association with

TA 7182-NEP PREPARING THE SECONDARY TOWNS INTEGRATED URBAN ENVIRONMENTAL IMPROVEMENT PROJECT

FINAL REPORT Volume 6: POVERTY REDUCTION AND SOCIAL STRATEGY

June 2010

Prepared for the Asian Development Bank and the Government of Nepal

in association with

METCON Consultants Tsunashima No. 2 Building P.O. Box 4412 3-20-12 Yushima 43 / 15 Dandibaba Marg, Bunkyo-ku Tangal, Kathmadu-2, Tokyo 113-0034 Japan Nepal Tel: +81-3-5812-1091 Tel: +977-1-441-2902 Fax: +81-3-5812-1092 Fax: +977-1- 441-8478 Email: [email protected] Email: [email protected]

Acronyms

ADB Asian Development Bank CBO Community Based Organizations CEDAW Convention on Elimination of All Forms of Discriminations Against Women DUDBC Department of Urban Development and Building Construction DWSS Department of Water Supply and Sewerage GoN Government of Nepal MDGs Millennium Development Goals MLD Ministry of Local Development MuAN Municipal Association of Nepal NGO Non-Governmental Organization OBA Output-based aid PPTA Project Preparatory Technical Assistance (ADB) PRS Poverty reduction strategy SCNSA Steering Committee for National Sanitation Action STIUEIP Secondary Towns Integrated Urban Environmental Improvement Project TLOs Tole Lane Organizations UDLE Urban Development through Local Effort UEIP Urban Environmental Improvement Project UNDP United Nations Development Programme US United States

TA 7182-NEP i Final Report, Vol. 6

Contents

1 Introduction ...... 1 2 Poverty reduction strategies ...... 2 2.1 International agreements ...... 2 2.2 National poverty reduction strategy ...... 4 2.3 Municipal poverty reduction strategies...... 6 3 Social analysis...... 12 3.1 UN development indicators for Nepal ...... 12 3.2 Millennium Development Goals ...... 13 3.3 Poverty in Nepal ...... 14 3.4 Implications of social profiles...... 19 4 Labour issues ...... 23 4.1 Employment issues ...... 23 4.2 Construction methods ...... 24 5 Consultation and participation plan...... 25 5.1 Stakeholder analysis ...... 25 5.2 Statutory requirements and Government policies ...... 27 5.3 Key issues ...... 30 5.4 Existing consultation and participation arrangements ...... 31 5.5 STIUEIP implementation arrangements ...... 31 6 Gender and development ...... 34 6.1 Legal and institutional framework ...... 34 6.2 Interventions to promote gender equity ...... 35 6.3 Women‘s participation in urban local government...... 35 6.4 Women in the labor market ...... 36 6.5 Gender analysis of the project municipalities ...... 37 6.6 GESI strategy ...... 40 6.7 Gender equality and social inclusion action plan ...... 42 Appendices A Focus group survey B Community questionnaire C Summary of consultation and participation work undertaken during PPTA D Poverty reduction operations for Butwal

TA 7182-NEP iii Final Report, Vol. 6

E Access to services in low income communities F Caste and ethnic composition of municipal population G Maps H City Coordination Committee document

TA 7182-NEP iv Final Report, Vol. 6

1 Introduction

1 This is Volume 6 of the Final Report for a Project Preparatory Technical Assistance (PPTA) of the Asian Development Bank (ADB) to the Government of Nepal (GoN) for the Secondary Towns Integrated Urban Environmental Improvement Project (hereafter ―the project‖ or ―STIUEIP‖). It describes the project‘s poverty reduction strategy and its social strategy in relation to gender issues and vulnerable groups. 2 The PPTA commenced on 1 May 2009. The Ministry of Physical Planning and Works (MPPW) acting through the Department of Urban Development and Building Construction (DUDBC) is the executing agency for the project preparation. 3 On 17 August 2009, the Steering Committee approved the selection of the municipalities of , , and Butwal for the project. Since then the consultant has carried out surveys, held meetings with stakeholders, and undertaken analyses of the engineering, institutional, social, financial, economic and environmental aspects of the proposed project. 4 The Draft Final Report comprises nineteen volumes as follows: 1. Project Rationale 2. Drainage and Sanitation 3. Solid Waste Management 4. Roads and Lanes 5. Public-Private Partnerships 6. Poverty Reduction and Social Strategy 7. Major Environmental Issues 8. Economic Analysis 9. Institutional Analysis 10. Butwal Water Supply 11. Biratnagar Survey Data 12. Birgunj Survey Data 13. Butwal Survey Data 14. Financial Assessments 15. Biratnagar Social Safeguards 16. Birgunj Social Safeguards 17. Biratnagar Initial Environmental Assessment 18. Birgunj Initial Environmental Assessment 19. Butwal Initial Environmental Assessment

TA 7182-NEP - 1 - Final Report, Vol. 6 2 Poverty reduction strategies

5 The fight against poverty takes place on battlefields at several levels. At the international level, international agreements that have the force of law set the basic targets and entitlements. At the national level, governments set priorities and determine resource allocations. However, in Nepal as in most countries it is local government that has the responsibility for ensuring that the poor have access to many basic services. Finally, there is civil society, the totality of civic and voluntary groups that form the bedrock of society.

2.1 International agreements 6 Nepal has ratified, usually at an early date, all the international conventions having a bearing on poverty and social exclusion.

2.1.1 The Millennium Development Goals 7 The Millennium Development Goals (MDGs) were established in the UN‘s Millennium Declaration in September 2000. By signing the Declaration, GoN committed itself to achieving the MDGs by 2015. The MDGs set quantitative targets for poverty reduction, improvement in health, education and gender equality, the environment and other aspects of human development. While the environmental targets are central to the design of STIUEIP, other targets also have some relevance. Nepal is signatory to other international conventions and agreements that touch on social, gender and poverty issues. The Interim Constitution confirms that the State will work to implement effectively the international treaties and agreements to which it is a party.

2.1.2 Women’s rights 8 The Convention on the Elimination of all Kinds of Discrimination against Women (CEDAW) 1979 requires governments to ensure that women who live in rural areas ―enjoy adequate living conditions, particularly in relation to housing, sanitation, electricity and water supply‖.1 The Convention also protects the rights of women to participate in the formulation of government policy and its implementation, to hold public office and to perform all public functions at all levels of government. Lack of progress in achieving the participation of women in policy formulation and implementation has been one of the criticisms of GoN‘s record in relation to the Convention.2 In June 2007, Nepal ratified the Optional Protocol to the Convention on Elimination of All Forms of Discriminations Against Women; the Optional Protocol provides a complaints procedure and an enquiry procedure. The Optional Protocol should encourage Nepal to implement CEDAW to avoid complaints and enquiries. The possibility of complaints being made might also be an incentive for Nepal to provide more effective local remedies. 9 In 2002, the GoN established a National Women‘s Commission with responsibilities that included monitoring compliance with CEDAW (see section 6.2).

2.1.3 Children’s rights 10 The Convention on the Rights of the Child 1989 recognizes right of the child ―to combat disease and malnutrition…through the provision of adequate nutritious foods and clean drinking water, taking into consideration the dangers and risks of environmental pollution‖. 3 The

1 Nepal ratified the convention on 22 April 1991. 2 Committee on the Elimination of Discrimination against Women, 2004, Thirtieth session: Summary record of the 630th meeting. Held at UN Headquarters, New York, on Tuesday, 13 January 2004. 3 The United Nations General Assembly adopted the Convention on 20 November 1989, the thirtieth anniversary of its Declaration of the Rights of the Child. The Convention defines a child as any human being less than 18 years of age. Nepal ratified the Convention in 1990.

TA 7182-NEP - 2 - Final Report, Vol. 6 Convention enshrines children‘s right to protection from disease. This requires provision of clean water and a healthy environment. The Convention also requires the GoN to ensure that children and their families have access to information about adequate hygiene and environmental sanitation. In in 2002, Nepal and other South Asian countries adopted The SAARC Convention on Regional Arrangements for the Promotion of Child Welfare in South Asia.

2.1.4 Rights of indigenous people 11 According to the National Foundation for Development of Indigenous Nationalities Act of 2002, Adivasi Janajati, that is, indigenous peoples or nationalities, are defined as those ethnic groups or communities that ―have their own mother tongue and traditional customs, distinct cultural identity, distinct social structure and written or oral history of their own‖. The Government of Nepal officially lists 59 groups as Adivasi Janajati. According to the 2001 Government census, indigenous people constitute 37.2 per cent of the total population. 12 In 2007, responding to demands by indigenous organizations, Nepal joined a small number of countries that have ratified the 1989 International Labour Organization (ILO) Convention (No. 169) concerning Indigenous and Tribal Peoples in Independent Countries (―Convention 169‖). The Convention entered into force for Nepal one year later. Nepal was the first Asian country to ratify this instrument, signifying its potential leadership in the region. Nepal also voted in favor of the adoption of the United Nations Declaration on the Rights of Indigenous Peoples (on 13 September 2007). With Nepal‘s ratification of Convention 169 and its support for the United Nations Declaration, movement is in place towards legislative and programmatic reforms that will establish or enhance legal protections for indigenous peoples and mainstream those protections in the various relevant Government programs.

2.1.5 Economic, social and political rights 13 Nepal ratified the International Covenant on Economic, Social and Cultural Rights in 1990. 4 Article 11 recognizes the right of everyone to an adequate standard of living. This includes, but is not limited to, the right to adequate food, clothing, housing, and "the continuous improvement of living conditions. Article 2 of the Covenant imposes a duty on all parties to take steps... to the maximum of its available resources, with a view to achieving progressively the full realization of the rights recognized in the present Covenant by all appropriate means, including particularly the adoption of legislative measures. The Committee on Economic, Social and Cultural Rights also interprets the principle of progressive achievement as imposing minimum core obligations to provide, at the least, minimum essential levels of each of the rights. If resources are highly constrained, this should include the use of targeted programs aimed at the vulnerable. 14 Nepal has an obligation to ensure that everyone has access to the underlying determinants of health, including clean water and sanitation. 15 The National Human Rights Commission is the principal constitutional body for the promotion and protection of . Despite the Commission‘s elevation to the level of a constitutional body in 2007, new governing legislation has yet to be passed. According to the Commission, since its establishment in 2000, only 11 per cent of its recommendations have been fully implemented by Government bodies, while more than 40 per cent have received no response at all. 16 The National Dalit Commission, established by Government order in 2002, is the institution responsible for protecting the rights of Dalit community, preserving human rights and assisting the GoN in its Dalit uplift program. However, the Commission acts without governing legislation; a draft bill was submitted to Parliament in April 2009 but there has been no subsequent progress.

4 The United Nations General Assembly adopted the Covenant on 16 December 1966.

TA 7182-NEP - 3 - Final Report, Vol. 6 2.2 National poverty reduction strategy

2.2.1 The Tenth Plan, 2002 to 2007 17 The overarching goal of the Tenth Plan—which was also the GoN's Poverty Reduction Strategy—was to reduce poverty through broad-based economic growth, inclusive social development, good governance, targeted programs, and rural infrastructure development. One of the four pillars of the Plan was 'social inclusion of people'. The vision of the Tenth Plan was to raise the living standards of Dalit communities. Institutional arrangements were made through local government and the National Dalit's Commission (NDC), Neglected Suffered Depressed Class Upliftment Development Board (NSDUDB), and NGOs to implement the Plan‘s programs. The Ministry of Local Development (MLD) became the focal ministry on Dalits' issues.

2.2.2 The Three Years Interim Plan, 2007 to 2010 18 With the conclusion of the Tenth Plan, and the end of the civil conflict, the Three Years Interim Plan (TYIP) was prepared for the post-conflict transitional period, 2008-2010. The then coalition Government included all major parties and the plan therefore enjoyed wide support. The TYIP is essentially an extension of the Tenth Plan, providing continuity to its long-term objectives of poverty reduction and addressing the root causes of the conflict (deep-seated social inclusion and wide social, economic and regional disparities). However, given the post-conflict scenario, the TYIP is more focused on peace building; reconstruction, rehabilitation and reintegration; and delivering a tangible and rapid peace dividend.

Water and sanitation 19 The TYIP stated the objective of the water supply and sanitation sector as being to ensure sustainable water supply services and a healthy environment by institutionalizing socially inclusive development initiatives, gradually providing purified drinking water to the whole population, and providing treatment facilities and sewerage systems. It incorporated the earlier target of the National Water Plan 2005 of achieving total population coverage of basic level drinking water supply and sanitation services by the year 2017. These targets exceed the MDG target of halving the proportion of people without sustainable access to safe drinking water and basic sanitation. The TYIP allocated NRs17,508m to water and sanitation programs. On an annual basis, this is only about 55 per cent of the public expenditure that the Millennium Development Goals Needs Assessment Study for Nepal estimated to be necessary to achieve the gender equalit-y MDGs, let alone the more ambitious National Water Plan goals.

Social justice and inclusion 20 The TYIP includes a wide range of policies to achieve social justice and inclusion. The following are the most relevant to STIUEIP:  Mainstreaming the excluded communities to the whole development process and outcomes.  Improving the access of excluded communities to resources.  Ensuring proportional representation of the excluded communities in all decision- making processes and structures of the State.  Launching special targeted programs for the excluded communities.  The policy of positive discrimination will be adopted in the economic, education and health sectors for ensuring economic and social security of the weaker sections and communities among the excluded groups.  Strategy of protection and promotion of all religious and cultural heritage and languages of the country will be adopted.  An integrated policy related to environment will be formulated and implemented.

TA 7182-NEP - 4 - Final Report, Vol. 6  Adoption of environment standards, environment evaluation reports as well as implementation of works like cleaner production and energy efficiency and environmental monitoring and auditing will be widened.  Programs will be formulated, implemented and monitored according to the spirit of treaties, conventions and agreements on environment that are endorsed by and to which Nepal is a part.

 By integrating the aspects of environment conservation with infrastructure development and social and economic development works, programs will be implemented and implementation status will be made public on a regular basis.

Gender equality 21 The TYIP sets out the following gender strategies relevant to STIUEIP:  Gender mainstreaming will ensure women‘s active participation in all the areas of development.

 Policy and legal reforms as well as other measures will ensure at least 33 per cent representation of women in policy formulation and decision-making at all levels.  In the social, economic and political spheres, active participation and empowerment of women of the backward groups, Adibasi Janajatis, Madhesis, Muslims, single women, women with disability and the marginalized, will be ensured.  In order to end all kinds of violence, gender discrimination, and human trafficking, steps will be taken to create a preventive environment, including legal reforms. 22 The TYIP sets out the following policies relevant to STIUEIP:  Women will be encouraged to actively participate in the institutionalization of democracy and the electoral process.  A gender management information system will be introduced to closely monitor and evaluate policies and legal reforms.  Advocacy and public awareness campaigns will support gender equality, mainstreaming and women empowerment. In addition, activities will focus on forming partnerships and collaborations among the government, private and non- government sectors to mobilize the state/national machinery.  In the annual development plan/programming exercises, gender analysis and a gender sensitive budget process will be compulsory. Mechanisms will be adopted to institutionalize gender analysis, monitoring and evaluation.  In local planning, programming, monitoring and evaluation, there will be at least 33 per cent participation of women including representation of backward groups. Specialized gender analysis, gender auditing, budget implementation and monitoring of national, regional and local development plans and programs will be strengthened.  Measures will be taken to ensure that 33 per cent of the beneficiaries of the programs run by the ministries are women.  Legal, policy and institutional reforms will ensure at least 33 per cent representation of women in the state machinery. The composition of women‘s representation will be proportionate to the structure and diversities of women in the society.  Special courses at various levels will promote the capacity of women, in particular those from marginalized communities, to compete for posts in government.  To implement the international commitments of the State, all unacceptable discriminatory acts related to women will be eliminated.

TA 7182-NEP - 5 - Final Report, Vol. 6  Special programs will protect the rights of women engaged in the informal and unorganized sectors and develop their professional skills.  Steps will be taken to enhance the capacity of women working at policy and decision- making levels, including those in political leadership, to address gender issues.  The infrastructure and institutional capacity of local women‘s development offices will be strengthened so as to more effectively coordinate, facilitate, and monitor gender equality and women empowerment activities.  The capabilities of community level entities working for women empowerment and the women‘s NGO agencies as well will be enhanced and made accountable. 23 The TYIP allocated NRs17,964m to gender equality programs. On an annual basis, this is less than a third of the public expenditure that the Millennium Development Goals Needs Assessment Study for Nepal estimated to be necessary to achieve the gender equality MDGs.

2.3 Municipal poverty reduction strategies 24 In 2005, the Urban Development through Local Efforts Program (UDLE) initiated an Urban Social Inclusion and Poverty Reduction program for municipalities. 5 This program included the preparation of a poverty reduction strategy (PRS) for each participating municipality. The Local Self-Governance Act does not require the preparation of poverty reduction strategies, so it is only the municipalities participating in the Urban Social Inclusion and Poverty Reduction program that have prepared them. These municipalities include Biratnagar and Butwal, but not Birgunj.

2.3.1 Biratnagar 25 Biratnagar municipality compiled a PRS in 2009. The PRS estimates that out of 421 toles in the municipality, 146 toles have a poverty rate of over 10 per cent, 216 toles have a poverty rate of less than 10 per cent and only 59 toles were without poverty. 26 The following are the main elements of the PRS:  Participatory. In implementing the PRS, participation of all the city dwellers, civil society, TLOs, government and nongovt sectors, and stakeholders will be ensured and the capacity increasing activity of the municipality in the area of human resource development will be considered also. For this, monitoring and evaluation of planning and implementation will involve the partners as well as the target population.  Sustainable development. The municipality plans to ensure continuity of the achievement of plans and see to it that the municipality moves forward in achieving the goals of poverty alleviation, develops the mechanism of implementing the projects and programs through the beneficiaries and establish their ownership in the protection, promotion and consumption of the results of such programs,  Institutional development: o More emphasis on the capacity enhancement of all sections of the municipality, NGOs and CBOs, o Help improve the capacity of the cooperatives, community organizations, to make them able to deliver services in the city and reform their service capacity, o All the development and construction activities to be conducted in association with the users, stakeholders and local bodies and ensure a balance between economic development and quality of urban services/infrastructural development.

5 Deutsche Gesellschaft für Technische Zusammenarbeit (GTZ), 2010, Cities of Hope: Urban Social Inclusion and Poverty Reduction Programme in Nepal. Kathmandu

TA 7182-NEP - 6 - Final Report, Vol. 6  Good governance: o Good information flow, transparency, peoples participation, corruption free governance, to be the main base of running the local bodies o Make the rights and their use more people oriented according to the main thrust and spirit of decentralization. o The municipal services, facilities and development activities to be transparent, prompt, accountable, and dependable. o Manage the process of project selection, implementation, monitoring and evaluation on the basis of partnership.  Fair opportunities: o Just and equitable opportunities for the deprived class of the city, o Equal access of all to services and facilities, o Meet the minimum and basic needs of the poor, o Bring about the desired change in the quality of life of people such as the madhesi, Muslim, backward classes, dalit and socially backward population.  Economic development: o Adopt sustainable economic policy, focus the economic development of the city on the interest of the poor o Put more emphasis on employment and self employment and help uplift the life style of the poor people o Use the human resources for proper use and emphasize on skill development and training o Divert the human resource of the city from unproductive sector to the productive one for increased income o Bring change in the people‘s trust level toward the municipality  Partnership between non-govt and govt sector. o Increase the role of non-govt and govt sector in economic and social development sectors o Motivate national and foreign investors for the alleviation of poverty o Ensure the role of non govt sector to implement poverty alleviation programs and manage them o Ensure the partnership of non-government sector for social development related activities o Develop a mechanism to run and manage the development activities in the city through a common basket fund 27 Biratnagar‘s Periodic Plan does not mention anything specific about the poor and vulnerable groups. The municipality has emphasized the need for income generation initiatives, that is property development for rental, as part of the STIUEIP, and has not shown great interest in poverty reduction as part of STIUEIP.

2.3.2 Birgunj 28 Birgunj municipality thus far does not have a PRS. There are no municipality poverty programs conducted directly by the municipality. 29 The poverty situation of Birgunj municipality is both grim and unclear. It is grim because

TA 7182-NEP - 7 - Final Report, Vol. 6 the STIUEIP team observed a host of slum and squatter settlements across the 19 wards of the municipality. Most of their residents live in very unhygienic, deprived and sub-standard conditions lacking access to adequate clean drinking water, health facilities, education, drainage, solid waste management, among others except rare cases such as employment as sweepers, construction workers, transport workers etc. A large portion of this population is well below the poverty line. 30 The municipality itself has no clearly designed poverty reduction scheme. This can be contrasted with Biratnagar, and to some extent even with Butwal, the smallest and least developed of the three STIUEIP municipalities. In fact, the living condition of the poor slums of Birgunj is worse than the other towns. 31 One major reason for the lack of poverty reduction strategy is that the Municipal Board has not met this year (2008/09). Of the NRs45.8m allocated by the Government during the last fiscal year, the Social Sector received the amount in the following sub- sectors:  Water pipe  Drainage  Gravelling

 Income-generating activities  Health camp  Toilet distributions  Public toilet  Skill training for women 32 However, not all the money budgeted was transferred and not all of it was spent. Integrated Periodic Plan Prepared in 2000 (p. 57) by UDLE lists drainage, public toilets, sewerage, vegetable market, roads, among few other works in the existing ward-based problems of the municipality. The STIUEIP surveys also listed these projects as urgent and essential for the city. However, the periodic plan does not mention anything about the needs of the poor, women, and slum and squatter residents. 33 Lumanti, a national NGO, has been working in Birgunj for over five years. Lumanti started with pre-school classes in poor slum settlements. Next, it focused on toilets/sanitation, drinking water, and recently on micro-credit. This project has created jobs, improved family economy and brought the otherwise non-participant, conservative females in the forefront. Using the community mapping prepared in 2005, Lumanti is now covering several poverty stricken clusters in Bhediyahi (East), Bhagwati tole (center), Chhapkaiya (South west) Shantinagar (west), Parvatinagar and a few other locations. Initially Lumanti listed 19 poor/slum and non -slum communities and prepared a 26 point criteria to define poverty such as family size and composition, fund consumption, regular income occupation level of education among others. The initial survey showed that illiteracy among these communities was rampant, it was as high as 96 per cent. 34 Lumanti is active in 17 out of 19 clusters located in the wards – 1, 2, 5, 9, 10 and 19. In terms of household size some clusters have only 10 household size some clusters whereas other have up to 300 – with a total of 1591 to date. In terms of caste and ethnicity the majority are Dusadh, Paswan, Jhagar, Dom, Muslim, Gosain (Mukhiya). 35 In some clusters, where toilet was the new and undesired concept, Lumanti awareness program and finally the construction projects becomes effective and Lumanti is now in a position to declare some settlements (Sunar tole/Dhedinyahi) as ‗open defecation-free area‘. 36 Lumanti is not doing these activities all by itself. From the beginning, it has maintained functional rapport with the municipality. The development activities listed here are all approved by the municipality, some of the projects as part of the good governance. One distinct and result

TA 7182-NEP - 8 - Final Report, Vol. 6 oriented success story of the municipality – Lumanti Collaboration is the micro-credit project recently launched in the poverty stricken areas. The joint fund of NRs1.4m named ‗Urban Community Support Fund‘ is expected to remain as a basket fund. Individuals/ households can borrow up to NRs30,000 from this fund to start a business. 37 Lumanti is also working on a resettlement plan to help a 30 households cluster change its damp and dirty one room thatch-mud huts into 2 room brick-cement building forming a row- settlement with road, drinking water, toilets, community (public) building and a drainage system. It is a soft loan project where the residents pool their land together and turn the scattered and congested clusters into neat row-houses.

2.3.3 Butwal 38 Butwal, because of its location adjoining the hills has many fewer tarai based dalits and poor, vulnerable groups. Yet Butwal has a large slum and squatter (mostly squatter) population and low income groups, almost all from the hill and mountain regions. One reason for the large number of squatters is that most of the land within the municipal boundaries is in Government ownership, and another is the employment opportunities associated with extracting gravel from the river, which encourages occupation of the nearby river banks. The low income migrants live in squatter settlements such as Jyotinagar, Laxminagar, Pragatinagar, Shivanagar, Deepnagar, Ramnagar, Pabitranagar, and Sukhanagar, among other minor and scattered settlements. Some settlements like Pakhapani have been managed by the city. The other settlements do not have any plans or support for managed settlements. 39 According to the municipality, several wards/ toles have users‘ committees actively working in awareness and development activities at the tole level. 40 The Butwal PRS has several poverty reduction strategies (discussed elsewhere in the Final Report) planned for the coming years. 41 One major feature of the said strategy is to involve the poor and vulnerable population in the development activities of the municipality. 42 The municipality‘s Poverty Profile estimated that 25 per cent of the population is poor.6 In some wards, the percentage of the poor is up to 80 per cent, which is uncommon by any standard – national, regional caste- ethnic or local. 43 The Profile mostly covers the slums and squatter population. The municipality does not have data for the poor in other settlements. The survey considered access to various service facilities such as drinking water, personal toilet – (52 per cent no) solid waste disposal – (81 percent) house tenure, electricity – (41 per cent no) residence history- (50 per cent<10 years) illiteracy – (36 per cent) unemployment up to (60 per cent). 44 The municipality has set a goal to halve the poverty rate by 2015 in line with the MDG Target 1A. 45 The main features of the strategy are as follows: 1. In all aspects of its operations, the municipality will adopt a "pro-poor‖ policy. 2. The municipality will enlist the assistance of GoN, the TDF, the donor community, development agencies, INGOs, NGOs, CBOs, user groups, the private sector and any other organization or individual. For this the municipality:  has a dual role as implementer of its own actions as well as facilitator of actions planned by others, and,

 Will ensure proper coordination of all activities (including its own) so as to ensure that beneficiaries are treated fairly and equitably.

6 Butwal Municipality, 2003, Butwal Poverty Reduction Policy (in Nepali). The document includes a poverty profile.

TA 7182-NEP - 9 - Final Report, Vol. 6 3. The municipality will pursue a wide range of activities to directly or indirectly reduce poverty. These activities comprise:  social mobilization and empowerment of the poor to bring them into the mainstream of civil society,  improvements to the living environments of the poor, and  improvements to the income earning capacity of the poor. 4. The programs will be conducted through the Tole Lane Organisations (TLOs), and will include all poor communities irrespective of their land tenure and location. Poverty Reduction User‘s Committees (PRUCs) will be established to represent groups of TLOs. One representative from each committee will comprise a Butwal Neighborhoods Coordination Committee that shall represent all poor residents. 5. The municipality pursues a policy of zero illegal settlements by 2014 by:  providing permanent ownership of land, through negotiation and purchase from the legal owner, or  recommending to GoN to sell land to its occupants, subject to a condition that occupants do not sell or transfer that land within 3 years of full payment, or

 providing suitable alternative land that qualifies under either a) or b) above, or  providing a temporary right of abode until land is found under a), b) or c) above,  declaring that it will not permit construction of new (or expansion of existing) illegal settlements.  monitoring the use of land to ensure that further illegal settlement does not occur on public or private land. For this purpose the municipality will establish an Illegal Settlement Monitoring Committee and will (if necessary) fence land to protect it with the objective of zero illegal settlements by 2014.  endeavoring to increase the supply of affordable land for housing the poor both through its own efforts and by facilitating the efforts of others. For this purpose, a Development Fund may be established to provide credit to the poor for the purchase of land for housing and/or the construction/ improvement of housing. 6. The municipality will assist the poor to obtain basic services from national agencies, and, if these agencies cannot or will not comply, the municipality will endeavor to provide these services itself, either through the assistance of local/international donors or through partnerships with the private sector. 7. The municipality will establish a Poverty Reduction Fund for which the Market Development Fund will be adjusted as follows:  The Poverty Reduction Fund will subsidize pro-poor projects and activities. The fund will receive contributions from GoN, external/internal agencies, private organizations and individuals.  The Market Development Fund, into which accumulated repayment of enterprise credits has been paid shall be renamed the "Enterprise Development Fund" and will be rolled over as capital for continued lending for income generating activities. Profits will be used to assist the municipality to continue and expand the operations and coverage of this PRS. 8. In determining expenditures, the municipality will give priority to implementing the Poverty Reduction Strategy. When determining its annual development budget the municipality will give priority to pro-poor projects and activities. The cost of the pro-poor projects and activities will be financed from an allocation in the annual development

TA 7182-NEP - 10 - Final Report, Vol. 6 budget of a value equal to at least 10 per cent of the total actual capital investment expenditure for the previous financial year. 9. Management of the Poverty Reduction Fund will be carried out by a Poverty Reduction Committee who shall approve all disbursements and report to the Municipal Board. The Partnership Development Committee will manage the remaining activities of the MDF, including continued operations of the Enterprise Development Fund. 10. In recognition that poverty reduction is largely dependent on employment creation, the municipality will prepare an Economic Development Plan, and on the basis of this, will initiate activities and programs to promote the economic development, with special attention to encouraging the sustainable creation of employment opportunities for the poor. Such actions and programs will involve all parties including central government and its district offices as well as line organizations and agencies. 46 However, there is little evidence of implementation of the PRS.

TA 7182-NEP - 11 - Final Report, Vol. 6 3 Social analysis

47 The social background to STIUEIP comprises national, regional and local conditions.

3.1 UN development indicators for Nepal 48 The annual Human Development Report of the United Nations Development Programme ranks countries according to five development indicators. The five development indicators are as follows:  Human development index (HDI) A composite index measuring average achievement in three basic dimensions of human development—a long and healthy life, access to knowledge and a decent standard of living. In 2007, Nepal ranked 144 out of 182 countries.  Human poverty index (HPI-1) A composite index measuring deprivations in the three basic dimensions captured in the human development index—a long and healthy life, access to knowledge and a decent standard of living. In 2007, Nepal ranked 99 out of 135 countries.  Human poverty index for OECD countries (HPI-2) A composite index measuring deprivations in the three basic dimensions captured in the human development index—a long and healthy life, access to knowledge and a decent standard of living— and also capturing social exclusion.  Gender-related development index (GDI) A composite index measuring average achievement in the three basic dimensions captured in the human development index—a long and healthy life, knowledge and a decent standard of living—adjusted to account for inequalities between men and women. In 2007, Nepal ranked 119 out of 155 countries.  Gender empowerment measure (GEM) A composite index measuring gender inequality in three basic dimensions of empowerment—economic participation and decision making, political participation, and decision-making and power over economic resources. In 2007, Nepal ranked 83 out of 109 countries. 49 Part of the thinking behind the introduction of these indicators (beginning twenty years ago) was to shift the focus of policy makers from a preoccupation with economic conditions to wider social issues. In this regard, it is instructive that Nepal ranks much higher on the UN human development indicator (rank 144) than on a purely economic measure such as GDP (purchasing power parity) per capita (rank 178, the rankings in both cases being out of 182 countries). This is also true considering only Asia-Pacific countries, where Nepal ranks 26 out of 30 on the HDI, but 28 out of 30 on the GDP measure. For example, Nepal is ahead of Bangladesh on the HDI, but below Bangladesh on the GDP measure. Therefore, the likely consequences for the economy should be a consideration in the design of any development project in Nepal. 50 All UN development indicators show substantial improvement between 2001 and 2006 across all parts of Nepal (Table 1).

TA 7182-NEP - 12 - Final Report, Vol. 6 Table 1 UN development indicators, 2001 and 2006

Area 2001 2006

HDI HPI GDI GEM HDI HPI GDI GEM

Region

Nepal 0.471 35.4 0.452 0.391 0.509 39.6 0.499 0.496 Urban 0.581 20.7 0.562 0.425 0.630 25.2 0.618 0.527 Rural 0.452 38.2 0.430 0.365 0.482 42.0 0.417 0.474 Ecological region Mountains 0.386 43.3 0.363 0.356 0.436 49.8 0.423 0.468 Hills 0.512 32.7 0.498 0.408 0.543 38.8 0.534 0.515 0.478 36.9 0.450 0.372 0.494 39.6 0.482 0.469 Development region Eastern 0.493 33.7 0.475 0.382 0.526 37.1 0.516 0.516 Central 0.490 35.3 0.467 0.407 0.531 39.7 0.517 0.511 Western 0.491 33.2 0.477 0.395 0.516 36.7 0.511 0.488 Mid-Western 0.402 38.7 0.385 0.363 0.452 46.3 0.441 0.431 Far-Western 0.404 39.0 0.377 0.368 0.461 45.9 0.447 0.456 Notes: HDI Human Development Index (TYIP target 0.570) HPI Human Poverty Index GDI Gender-related Development Index (TYIP target 0.556) GEM Gender Empowerment Index (TYIP target 0.450) Source: UNDP, 2009, Nepal Human Development Report 2009, Kathmandu.

51 The improvement in the GDI is mainly attributable to the improvement in life expectancy. Until the late 1990s, Nepal was the only country in the world where men could expect to live longer than women. Future improvements in the GDI can only come from improvements in the other dimensions of the GDI, which relevantly for STIUEIP include living conditions. 52 The improvement in the GEI has much been more marked than other indicators and is already comfortably above the TYIP target of 0.450. 53 One of the issues that the indicators raise is where the project municipalities stand in terms of the indicators. Indicator data at municipal level is not available. However, review of the data suggests that the municipalities approximate to the national average.

3.2 Millennium Development Goals 54 The United Nations has adopted a set of indicators to monitor progress towards achieving the MDGs. One of the purposes of the 2008 Nepal Labour Force Survey was to collect data at sub-national level relevant to the MDGs. The data does not, however, correspond exactly to the UN indicators (Table 2).

TA 7182-NEP - 13 - Final Report, Vol. 6 Table 2 MDG indicators at sub-national level, 2008 Urban MDG Indicator E terai C terai W terai Kathmandu Nepal (Biratnagar) (Birgunj) (Butwal) Valley

1B Achieve decent Male employment as per 75.1 72.4 77.8 64.4 85.5 employment for women, cent of 15+ population men and young people. Female employment to 53.8 52.5 64.6 38.4 78.5 15 + population Time underemployment/ 7.8 5.1 9.7 3.6 6.7 labour force Unemployment as per 7.3 7.3 5.0 10.8 2.1 cent of labour force Male unemployment rate 5.7 6.8 4.6 8.8 2.2 Male underemployment 56.8 53.4 48.4 57.3 38.2 rate Female unemployment 9.3 8.1 5.5 14.1 2.0 rate Female 46.1 43.0 37.2 58.0 22.8 underemployment rate Child labour force part 13.5 11.1 22.9 4.4 33.9 rate 7C: halve by 2015, the % of households with 45.3 25.3 36.8 78.3 45.0 proportion of people piped water without sustainable access to safe drinking water and % of households with no 36.1 21.9 22.3 0.5 51.3 basic sanitation. toilet/communal toilet 7.D: By 2020, to have % of households cooking 63.4 53.5 63.9 7.4 83.4 achieved a significant with biomass (wood, improvement in the lives of dung, straw) at least 100 million slum dwellers. % of households using 89.8 89.8 82.7 99.7 56.1 electricity for lighting 8.F: In cooperation with the % of households with 54.4 61.4 46.0 83.0 28.3 private sector, make mobile phone available the benefits of new technologies, especially information and communications 3.A: Eliminate gender Male 15+ literacy rate 83.5 85.1 80.6 93.6 70.7 disparity in primary and secondary education. Female 15+ literacy rate 61.6 61.2 58.3 76.3 43.3

Source: CBS, 2009, Nepal Labour Force Survey. 55 The overall picture is that living conditions in the project towns are significantly worse than in the urban areas, but above the national average by virtue of Nepal‘s predominantly rural population.

3.3 Poverty in Nepal 56 MDG Target 1A is to halve the proportion of people living on less than $1 a day (purchasing power parity values). Using the $1-a-day measure, the incidence of poverty nationally fell from 33.5 per cent in 1995/96 to 24.1 percent in 2003.7 This fall is remarkable given the sluggish performance of the economy. Using the same measure, it is also remarkable

7 CBS, 2005, Poverty Trends in Nepal (1995-96 and 2003-04).

TA 7182-NEP - 14 - Final Report, Vol. 6 that the incidence of poverty in Nepal is lower than in India. One possible explanation is that overseas remittances are proportionately more important in Nepal than in India.

3.3.1 Urban poverty 57 Urbanization is one of the main drivers of poverty reduction and social change in Nepal. Statistical analysis indicates that about 20 per cent of the reduction in poverty between 1995/96 and 2003/04 was attributable to net migration to urban centers.8 Urbanization also changes the relations between advantaged and disadvantaged social groups; discrimination is less entrenched in urban areas. The incidence of urban poverty now is 9.6 percent, well down on 21.6 per cent in 1995 (Table 3).9 Table 3 Poverty in Nepal

Poverty incidence(1) Poverty gap(2) Distribution of poor Areas 95-96 03-04 95-96 03-04 95-96 03-04

(%) (%) (%) (%) (%) (%)

Urban 21.6 9.6 6.6 2.2 3.6 4.7

Kathmandu Valley 4.3 3.3 0.3 0.6

Other urban 31.6 13.0 3.3 4.1

Rural 43.3 34.6 12.1 8.5 96.4 95.3

Nepal 41.8 30.9 11.8 7.5 100.0 100.0

Notes: (1) The poverty line for any given region includes provision for a minimum bundle of goods comprising essential food and non-food items. See footnote 9. (2) The poverty gap estimates how far below the poverty line the poor are on average as a proportion of that line. It is one of the MDG indicators. Source: CBS, 2005, Poverty Trends in Nepal. Kathmandu. 58 The incidence of urban poverty has therefore declined faster than that of rural poverty. There is generally high poverty incidence in small towns that is comparable to rural poverty. Most urban poverty is found in towns outside the Kathmandu Valley (Table 4). Table 4 Distribution of population by nominal per capita income quintile, 2003/2004

Income quintile Poorest Area Second Third Fourth Fifth Nepal (first) (%) (%) (%) (%) (%) (%) Kathmandu Valley 1.2 0.6 3.3 14.9 80.0 100.0 Other urban areas 8.6 9.4 17.0 21.6 43.5 100.0

Source: NLSS.

8 CBS, 2005, Poverty Trends in Nepal (1995-96 and 2003-04). 9 Poverty line is derived from the Nepal Living Standards Survey (NLSS) based on annual consumption (expenditure) of household basic needs in each region. Nationally, it was NRs5,089 per capita in 1995/96 and NRs7,696 per capita in 2003/04). This is much lower than the MDG of $1 a day (purchasing power parity).

TA 7182-NEP - 15 - Final Report, Vol. 6 3.3.2 Social inequality and exclusion 59 Although the incidence of poverty has declined markedly, inequalities have increased.10 The Gini-coefficient for Nepal is the highest in South Asia, and according to official estimates it has been increasing. However, there has been little change in the Gini-coefficent in the urban areas. A major reason for inequalities in Nepal is social exclusion. Institutions and processes uphold or exacerbate income- and capacity-poverty on the basis of gender, ethnicity, and caste. The 2006 National Demographic and Health Survey data suggest that despite Nepal‘s impressive progress on meeting the MDGs, there are some groups who have been left behind. The illiteracy, poverty and low social status of many of these excluded groups means that they face higher barriers in accessing services, taking advantage of economic opportunities – and participating fully as responsible citizens of a democratic state (Table 5).

Table 5 Household facilities, education level, and exposure to mass media by social group, 2006 Exposure to mass media Household facilities Literacy at least once a week Caste/ethnicity and regional Improved Private identity drinking Male Female Male Female latrine water (%) (%) (%) (%) (%) (%)

Brahman/Chhetri 52.0 76.6 93 69 95 80

Hill Brahman 66.3 81.1 97 82 97 90

Hill Chhetri 42.5 72.9 90 59 95 75

Terai/madhesi 65.7 98.8 94 83 81 78 Brahman/chhetri

Terai other castes 18.1 97.3 72 24 75 46

Dalit 16.4 80.2 60 35 77 56

Hill dalit 23.2 70.3 69 46 84 64

Terai dalit 4.6 97.5 49 17 69 44

Newar 71.6 90.5 94 75 96 91

Janajati 35.5 80.9 80 57 76 70

Hill/mountain Janajati 42.4 76.7 82 60 88 70

Terai Janajati 18.6 91.0 76 52 60 71

Muslim 26.6 92.3 97 27 76 55

Other 46.6 93.3

All hill/mountain groups 46.6 76.5 87 63 92 76

All terai groups 18.7 94.7 70 30 68 57

All Nepal 38.6 82.1 81 55 83 70

Source: Bennett, Lynn, Dilli Ram Dahal and Pav Govindasamy, 2008. Caste, Ethnic and Regional Identity in Nepal: Further Analysis of the 2006 Nepal Demographic and Health Survey. Calverton, Maryland, USA: Macro International Inc.

10 CBS, 2005, Poverty Trends in Nepal (1995-96 and 2003-04).

TA 7182-NEP - 16 - Final Report, Vol. 6 60 It follows that the design of STIUEIP awareness programs should avoid mass media and media that presume good literacy and familiarity with particular languages. Instead, the programs should focus on the characteristics of the poor and excluded groups. 61 Poverty rates in 2003/04 were highest among Hill and Terai Dalits (46 per cent) and Hill Janajatis (44 per cent), While the poverty rate among the Tharu (Terai Janajati) was comparable with that of these two groups in 1995-96, it declined to 35 per cent in 2003-04 (a 34 per cent decline). 11 The poverty rate among the Muslim population (which is large in Birgunj and significant in Biratnagar) declined only slightly, from 44 to 41 percent between 1995/96 and 2003/04 (Table 6). Table 6 Poverty by caste and ethnicity of household head Poverty headcount Distribution of the Distribution of poor population

Group 1995-96 2003-04 1995-96 2003-04 1995-96 2003-04 (%) (%) (%) (%) (%) (%)

Upper caste, hill/terai 34.1 18.4 26.7 15.7 32.7 26.3

Yadavs, middle caste, terai 28.7 21.3 2.9 1.9 4.2 2.8

Dalits, hill/terai 57.8 45.5 10.6 10.9 7.7 7.4

Newar 19.3 14.0 2.5 3.4 5.5 7.5

Hill Janajati 48.7 44.0 19.7 27.8 16.9 19.5

Tharu (terai Janajati) 53.4 35.4 10.4 9.2 8.2 8.1

Muslims 43.7 41.3 5.7 8.7 5.4 6.5

Other 46.1 31.3 21.4 22.3 19.4 21.9

Total 41.3 30.8 100.0 100.0 100.0 100.0

Source: CBS, 2005, Poverty Trends in Nepal, Kathmandu.

3.3.3 Gender inequality 62 Gender-based exclusion is pervasive and deep-rooted, with discrimination against women limiting their physical survival, health and educational opportunities, ownership of assets, mobility, and overall status.

3.3.4 Migration 63 Migration, both within and outside Nepal, is having major impacts on urban development and urban poverty. Since 1995, the number of Nepali citizens working abroad has climbed from 16 percent to nearly one third of the entire male population; in each of 2007 and 2008 nearly 200,000 workers left Nepal to work in destinations other than South Asia.12 The impacts of this

11 A Janajti group or nationality as defined by the National Committee for Development of Nationalities (1996) is as follows: ―Nationality (Janajati) is that community which has its own mother tongue and traditional culture and yet do not fall under the conventional four-fold Varna of Hindu or Hindu hierarchical caste structure.‖ A Janajati group has the following characteristics: (a) a distinct collective identity, (b) own language, religion, tradition, culture and civilization; own traditional egalitarian social structure, (c) traditional homeland or geographical area, (d) written or oral history, (e) having ― we-feeling‖, (f) have had no decisive role in politics and government in modern Nepal, (g) who declare themselves as Janajati. Historically, many of these Janajati groups used to occupy a particular habitat or territory, and thus many of them claim that they are the true ― First Settlers‖ (Adivasi) of Nepal. Like the caste Hindus, the Janajati can also be divided into two distinct regional groups: Hill Janajati and Terai Janajati.. 12 Ministry of Finance, 2009, Transformation of Nepal‘s Economy: Agenda for Growth and Social Equity.

TA 7182-NEP - 17 - Final Report, Vol. 6 migration are demographic, social and economic:  Financial impacts: In 2007/08 Nepal received remittances amounting to $2,200m. Nearly 20 per cent of urban households outside Kathmandu Valley derive income from remittances, and remittances account for nearly 40 per cent of household incomes in towns outside the Kathmandu Valley.  Demographic impacts: In urban areas outside the Kathmandu Valley, 51.2 per cent of people over 5 years old are migrants. Three-quarters of the migrants are from rural areas. Among rural v/s urban migrants, males out numbers female, and this has a noticeable impact on urban demography.  Poverty reduction impacts: Research by the World Bank indicates that one-fifth of the poverty reduction between 1995 and 2004 was due to higher levels of work- related migration and remittances. While the increase in international work-related migration was the leading cause of this poverty reduction, domestic migration also contributed.13  Urban impacts: Remittance flow fuelling an expansion of real-estate transactions, partly because of the limited alternative investment opportunities in the country.14

 Social impacts: Much migration to urban areas is for non-economic reasons, including education, lifestyle reasons and family reunion. Migration of males in search of work has resulted in an increase in the proportion of households headed by women. The National Labour Force Survey 2008 indicates that women head 22 per cent of households, up from 14 per cent ten years earlier. 64 It follows that strategies for the urban sector should consider the dynamics of domestic and international migration. 65 Many migrants to secondary towns live in squatter settlements. There are no official statistics on squatters and the definition of squatters is a contentious matter. However, an indicative statistics is that 43.2 per cent of urban households outside the Kathmandu valley live in dwellings with earth floors.15 66 Migrant workers are a declining proportion of the population in Kathmandu, but an increasing proportion in other areas (Table 7). Table 7 Migrant workers as proportion of the population aged 15 years and older

Item Men Women All 1995/96 2003/04 1995/96 2003/04 1995/96 2003/04 Nepal 15.9 24.5 1.8 2.2 8.4 12.2 Kathmandu 10.6 7.4 1.9 1.2 6.4 4.2 Other urban 9.6 19.5 2.8 3.9 6.1 11.4 Source: Central Bureau of Statistics, Nepal Living Standards Surveys 67 Poverty in the towns outside Kathmandu Valley is often perceived as deriving from migration from poverty stricken rural areas to urban areas. The towns outside the Kathmandu Valley offer insufficient opportunities for reliable income, and poverty is thereby in effect imported from rural areas.

13 Lokshin, Bontch-Osmolovski, and Glinskaya, 2007, Work-Related Migration and Povery Reduction in Nepal. World Bank Policy Research Working Paper 4231. 14 Ministry of Finance, op. cit. 15 NLSS, 2003/2004

TA 7182-NEP - 18 - Final Report, Vol. 6 68 However, research into internal migration in Nepal has shown the following:16  Most internal migration is rural to urban rather than urban to urban or urban to rural.  Males are more likely to migrate than females.  Migration is strongly correlated with caste and ethnicity. Hill Brahmans and Chhetris are far more likely to be migrants than any other caste or ethnic group.  Migrants are more likely to have a high income than a low income.

 People who are self-employed in agriculture are less likely to migrate than those not engaged in agriculture.  The higher the education status of an individual, the more likely he or she is to migrate. 69 Government efforts appear to be insignificant among the urban unemployed; the reduction in poverty is occurring more through overall growth of the urban population, remittances and developments in the private sector. Self-employment generation for the poor is also hindered by the lack of training on skills and entrepreneurship, micro-credit support, market information, etc. in the urban areas. Lack of opportunity is a constant refrain among the poor. 70 In towns outside the Kathmandu valley, migrant workers account for about 20 per cent of the adult population However, the squatter settlements generally have people born in the towns. Municipalities and government departments, frequently describe squatter settlements as ―illegal‖ and therefore not eligible for services. However, in the majority of squatter settlements a proportion of the population has lived there for two or more generations.

3.4 Implications of social profiles 71 PADECO has prepared social profiles of the STIUEIP towns by reference to published sources, municipal documents and the results of a community survey. Appendices A, B, D, and E provide details of the focus groups and community survey, while Volumes 11, 12, and 13 are reports on each town.

3.4.1 Biratnagar 72 Biratnagar has more than a decade long history of industrialisation and urbanization taking into consideration the incipient phase of a market town with few industries on the Southern (Nepal-India boarder) area. When the industrial estate has a very checkered history, the city‘s growth has been phenomenal especially with the eradication of Malaria. The early, the mid phase (1950s – 1960s) and the late (1990s) settlers mostly came from the eastern hills of Nepal and enjoyed small medium to big size land holdings in the surrounding districts. On the business and commercial sectors, cross-border traders, retailers as well as wholesalers came from the other side of the border. Technicians such as the ones employed in the factories or transport trades also constituted one segment of the urban population. Today, the city is the house to many cultures, faiths and traditions assimilated but maintaining a distinct socio-cultural mosaic.

Social composition 73 The city‘s population according to the latest projection (2007) is 180,138 (94,075 males, 86,063 females) with an annual projected increase by 1.29 percent in the year 2007. The male- female ratio here is uneven in both the data, female population being lower by nearly nine thousand in 2001. This lopsided male-female ratio is comes from the fact that normally males migrate to towns. 74 The municipality has 84 caste and ethnic groups – with 10 top ranking groups – Brahmin

16 Binod Manadhar, 2007, Relationship between real-internal migration and poverty, Statistical Bulletin, Vol.29, CBS.

TA 7182-NEP - 19 - Final Report, Vol. 6 (20.8%), Chhetri (10%), Muslim (9.2), Newar (5.3%), Yadav (4.1%), Keerat (3.9%), Dhamala (3.7%), Marwari (3.2%), Teli (3%), Rajbanshi (2.8%) – 65% in total. It can also be divided along caste ethnic lines as follows: High caste Brahmin, Chhetris, Sanyasis 31.5% Adibasi- Janjatis 20.7% Dalit 7% Others 40.4% Total 99.6% 75 With a literacy history of more than six decades, Biratnagar has only 70% literacy rate. 76 The people of Biratnagar follow four major religious faiths – Hindu (89.5%), Bouddha (0.9%), Islam (9.1%), Christianity (0.2%) and others (0.3%). This pretty much resembles the national scenario

STIUEIP focus groups 77 Volume 11 contains details of STIUEIP focus group discussions in Biratnagar. As regards poverty and social issues, key findings were as follows:  Stormwater drainage is a major problem in the slums and squatter settlements.  In some of the squatter areas, the construction of drains could be difficult because there is no planned layout.  There is a near total lack of sanitation in several poor toles. Some of the toles are keen on the concept of communal toilets.  Poor toles also lack roads, tubewells,  Solid waste collection does not extend beyond the commercial area and immediately adjoining residential areas.

 Women‘s participation in TLOs is in the range 10 to 30 per cent. It is particularly low in the muslim and terai group neighbourhoods.

Community organization 78 Biratnagar has a well-organised, city-wide network of TLOs (see Appendix H).

3.4.2 Birgunj 79 Socio economically, the city of Birgunj manifests stark contrasts. A home of Nepal‘s several major countries. Its booming economy apart, the city has 13 per cent of its population below the poverty line and 1.4% are below the absolute poverty line. At the time of the 2001 census, the population was 112,484 with an average household size of 5.84.

Social composition 80 At the time of the 2001 census, there were at least 79 castes and ethnic groups were living in the municipality. Of these, Muslim, Kanu, hill Brahmin, Kurmi, Newar, Kalwar, Marwari, Sonar, Chhetri, Baniya, Kayastha, Yadav, Terai Brahmin, Teli and Tharu numbered over 2000 (see Appendix F for details). Although the dalit population is proportionately much smaller than the national average, it is concentrated in the slums and squatter settlements. 81 There are twenty one religious centers for people to observe their faiths and practices. Similarly, in terms of languages spoken in the city, Bhojpuri, Nepali, Maithali, Marwari, Newari, Urdu and Hindi were main languages with several groups speaking a host of other languages. Nepali and Hindi serve as contact languages. 82 The educational status of the city as a whole is good. The 70 per cent literacy rate is one

TA 7182-NEP - 20 - Final Report, Vol. 6 of the highest in the country (male 79 per cent and female 58 per cent). Yet, the marginalized and Dalit population have created a visibly big dent in this percentage. A total of 15,277 school-age children are not enrolled at school. A large majority of this population comes from a very low income Dalit and/ or marginalized population from slum and/or squatter settlements. There are 10,593 Dalits living in the municipality. A vast majority of this population lacks access to the city; despite existence of scores of colleges and 93 schools – both public and private.

STIUEIP focus groups 83 Volume 12 contains details of STIUEIP focus group discussions in Birgunj. As regards poverty and social issues, key findings were as follows:  None of the houses in slums and squatter areas have toilets, and these areas are generally without drainage. Some areas favour communal toilets and others private toilets.  The lack of drainage in slum and squatter areas causes a lot of problems. Disposing of wastewater is time consuming, and it is very difficult to keep homes clean.  Women in particular suffer from the absence of toilets and some walk for half an hour to find a suitable location for defecating or urinating.  Many people are living in extremely overcrowded conditions, seven or eight people to a room.  The dalit population of Birgunj is concentrated in the slums and squatter settlements.

Community organization 84 Unlike Biratnagar and Butwal, there are very few TLOs in Birgunj.

3.4.3 Butwal 85 Butwal municipality (2001 population 102,922, male 52933, female 50,059) is the smallest of the three STIUEIP municipalities. It has a total of 19,203 households size of the total population 24,372 are poor and it is the largest poverty incidence of all the three cities. 86 The literacy rate of Butwal is the highest among three municipalities – 89 per cent. It is partly because, unlike Biratnagar and Birgunj, it has no or very few Terai Dalit and poor where education has never been a tradition and culture. 87 In terms of access to services 88.2 per cent have toilets at home although only 17 per cent have them with modern flushing gadgets. Those who do not have toilets use river banks or forest, farm lands public toilets. 88 About 63 per cent of the municipality population use government hospitals, the rest either go to clinics or private nursing homes. Only a very small percentage of population (0.20 per cent) uses traditional method of treatment. There are five medicinal facilities in the city. 89 Because of its location more toward or near to the hills, the percentage of the population that is from groups of terai origin is tiny compared to Biratnagar and Birgunj (see Appendix F for details). 90 Looking at the caste/ethnicity - poverty ratio, the following scenario emerges:  Dalits– 7.2 per cent  Magars – 5.4 per cent  Brahmins – 4.7 per cent  Chhetris – 3.6 per cent  Damai – 1.5 per cent

 Gurung – 1.4 per cent

TA 7182-NEP - 21 - Final Report, Vol. 6 91 Although the dalits are much more numerous than in Biratnagar or Birgunj, they are also much less concentrated. There are altogether 23 squatter settlements and 7 slums in Butwal. Nahapur alone has 13 squatter settlements (population 7292); whereas wards 2, 3,9,10 and 11 have no squatters at all. The squatter population is very large in Butwal, about one-third of all households, but the dalits are only a minority of the squatter population.

STIUEIP focus groups 92 Volume 13 contains details of STIUEIP focus group discussions in Butwal. As regards poverty and social issues, key findings were as follows:  Priorities of poor toles vary widely from tole to tole according to the physical conditions.  About the only common priority is the desire for employment opportunities.  Solid waste management is a priority in densely settled areas.  As most slum and squatter areas are along the rivers, river training is a priority.

 Women in poor tols have organized themselves in savings groups.  Drainage rather than sanitation is seen as the problem in slums and squatter settlements. A much higher proportion of homes in slums and squatter settlements have toilets than is the case in Biratnagar and Birgunj.

Community organization 93 TLOs are more effective than in Biratnagar, and much more so than in Birgunj. They are active in pressurizing the municipality for services and for organizing their own development activities. There are also some 32 NGOs/CBOs at work in Butwal, according to the Town Profile. Their activities range from environment conservation to educational development, among others. Major political parties and business houses/ organizations also have their branches in the city.

TA 7182-NEP - 22 - Final Report, Vol. 6 4 Labour issues

4.1 Employment issues

4.1.1 Interim Constitution 94 The 2007 Interim Constitution envisages a welfare state accountable to the people. It guarantees labour rights, in particular the right to proper work, right to form trade unions, to organise themselves, and to perform collective bargaining for the protection of their interest in accordance with law. Article 13 (4) of the Constitution ensures right to equality of remuneration and social security between men and women for the same work. Under the provisions for State Policies, Article 35 (7) ensures that the state shall pursue a policy of increasing the participation of the labour force in the management of enterprises by providing employment, ensuring their right to work, and thus protecting their rights.

4.1.2 Labor legislation 95 Nepal is a party to the ILO Convention on Minimum Wage Fixing, 1970. The provisions of the Convention are incorporated in the Labour Act, 1992. The Labour Act, 1992 (first amendment 1998) and Labor Regulations, 1994 deals with manual labor. Clause 46 under Section 7 deals particularly with the construction industry. The Act defines working time as eight hours a day and a weekend leave. A half-an-hour break should be given as snack and tea break before continuous work of maximum five hours. Attendance Registry should be maintained properly. Clause 27 to 32 under Section 5 gives details for occupational health and safety requirement to be maintained for laborers. The Act prohibits child labor (below 14 years), and requires proper training for children aged between 14 to 16 years of age before they start work. It calls for insurance and safety management of laborers. It also directs to establish a camp near the temporary working sites with facilities as drinking water, food, sanitation and residential facilities if numbers of laborers are male and female. It also lists the percentage of compensation for different types of accidents during work at site. 96 The Child Labour (Prohibition and Regularization) Act, 2000 prohibits employment of children under 15 years and restricts employment under 16 years. It also lays down various requirements to protect children in employment. 97 There are a number of issues with respect to STIUEIP: 1. The Labour Act‘s provision of minimum wages covers only the manufacturing sector. 2. The Labour Act contains no provisions regarding differentiating between men and women in respect of work of equal value. 3. Provisions of the Labour Act are not effective and a majority of people are yet to be aware about them. 4. The Act only protects those working in the formal sector. In the STIUEIP towns, a high proportion of the labour force is in the informal sector. 5. Appropriate intervention for children who work in solid waste as rag pickers and who may lose their livelihood as a consequence of the project. 98 The 2006 Labour and Employment Policy aims to create a favourable investment climate by enhancing workforce productivity, generating decent and productive employment opportunities, and ensuring worker rights. The policy also highlights the importance of generating additional jobs by setting up special economic zones and export-oriented industries.17 The policy

17 Two of the proposed special economic zones are near Birgunj.

TA 7182-NEP - 23 - Final Report, Vol. 6 also seeks to increase access to employment for women, dalit, janajati and people displaced by the conflict, and to eradicate child labour.

4.2 Construction methods

4.2.1 Public Works Directives 99 In Nepal, the Public Works Directives play an important role in the construction industry by providing the formal procedural norms for implementing public construction works. The last update was in 2001. 18 MPPW (Foreign Aid and Quality Standards Division) prepared the Directives with the assistance of the Ministry of Water Resources, the MLD, the Ministry of Tourism and Civil Aviation, the Ministry of Law, Justice and Parliamentary Affairs, the Financial Comptroller General‘s Office and the National Planning Commission. The Directives are based upon a combination of (1) existing procedures and rules contained in Nepal‘s laws and regulations (including the Financial Administration Regulations), (2) actual practices in Nepal, (3) selected procedures from donor guidelines and (4) international best practices. The aim of the Directives is to bring standards on technical, social and environmental matters together as a single source of procedures and reference documents for implementing public construction works. An ADB TA is currently assisting with the revision of the Directives.19 100 However, the Directives do not automatically apply to local bodies.

4.2.2 NGOs, CBOs and user committees 101 The Public Procurement Act makes specific provision for carrying out work using users‘ committees or NGOs or beneficiary groups. 102 Wherever possible, the design contracts will specify labor-based construction methods. In particular, the tender documents will identify items of work that are to be executed through engaging poor labourers or subcontracting to user committees, NGOs or CBOs. 103 The tender documents will also specify the procedures for sub-contracting work to user committees, NGOs and CBOs. These procedures will cover issues such as payment for work, supervision, monitoring of progress, and content of sub-contracts.

18 ADB TA 3306-NEP Strengthening Project Implementation Practices supported the preparation of the Directives. 19 ADB TA 7111-NEP Knowledge Transfer for Public Procurement.

TA 7182-NEP - 24 - Final Report, Vol. 6 5 Consultation and participation plan

104 The main objective of the consultation and participation plan is to improve the quality of the project. Secondary objectives include strengthening the sense of ownership of the project, mobilizing resources, setting the scene for downstream consultation and participation after the completion of the project, and encouraging transparency and openness in the central government and the local government. The main issues are the lack of women‘s participation (no women on the PPTA steering committee or any of the three municipal boards) and the lack of representation for the poor and vulnerable groups.

5.1 Stakeholder analysis 105 Project stakeholders include the target beneficiary populations, affected persons, the municipalities (including officers and political party representatives), various government agencies, donors, NGOs and WSUCs having an interest in the project (including officers).

5.1.1 Individuals 106 Individuals are the ultimate beneficiaries of the project. The consultation and participation plan for individual stakeholders is through the community mobilization and awareness programs (Table 8). Table 8 Stakeholder analysis—individuals

Group Stakeholder’s interest Perception of problems Mandate

Property owners Property values Inadequate service None

Municipal taxes and charges None

Municipal services Inadequate services None

Slum residents Municipal services No services None

Environmental conditions None

Squatters Regularisation, security Inadequate service None

Project affected people Loss of property or livelihood Adequate compensation None

Women Road safety for women and None children

Dalits Insecurity and lack of None employment

Visitors (1) Lack of visitor amenities None

(1) Because of their locations, Biratnagar, Birgunj and Butwal receive large numbers of visitors.

5.1.2 Civil society 107 Civil society comprises the totality of voluntary civic and social organizations and institutions that form the basis of a functioning society as opposed to the force-backed structures of the government and commercial organisations. Civil societies include organizations such as registered charities, development NGOs, community groups, women's organizations, faith-based organizations, professional associations, trade unions, self-help groups, social movements, business associations, coalitions and advocacy groups. In relation to municipal services, the drivers of civil society participation are the failure of government to deliver services and the desire for reforms.

TA 7182-NEP - 25 - Final Report, Vol. 6 108 Before the 1991 Constitution, foreign assistance to Nepal had to flow through the Government‘s consolidated fund. This provided the Government with information on foreign assistance and a large measure of control over such assistance. Since 1991, foreign funds have flowed directly to NGOs. As a result, the number of NGOs operating in Nepal has increased dramatically to about 60,000 today. 109 In 2005, a group of NGOs registered the NGO Forum for Urban Water and Sanitation. Its purpose is to help ensure that people in urban areas, especially the poor, have access to clean, affordable water and sanitation services and enjoy a healthy environment. NGOs supporting the Forum include Lumanti, Nepal Water for Health (NEWAH), Environment and Public Health Organization (ENPHO), Centre for Integrated Urban Development, Society for Urban Poor (SOUP), Urban Environmental Management Society, Nepal Water Conservation Foundation and WaterAid Nepal. 110 Many NGOs organize and support TLOs. As a consequence, TLOs are now a significant component of civil society in many municipalities, including the STIUEIP towns. In Biratnagar, the TLOs have formed a United Tole City Coordination Committee (Appendix H). It has the following objectives:

 Make Biratnagar a cleaner, greener and environmental friendly city;  Build the municipality‘s confidence in public participation;  Monitor the quality of on-going development projects;  Be a partner of the municipality when needed in crisis;  Help reduce poverty of targeted communities through social and economic activities;  Promote residents‘ awareness on health , education, environment, sanitation, and clean drinking water;  Coordinate with the municipality, local administration, police, NGOs, and the central government on the welfare of the city;  Help provide effective services for city dwellers through public private partnership. There is thus a range of civil society stakeholders (Table 9).

Table 9 Stakeholder analysis—civil society

Group Stakeholder’s interest Perception of problems Mandate

NGOs Contracts under the Red tape Varies project

Participation as partners Quality of project Varies management

NGO Forum for Urban Institutional reform Access of everyone to Advocacy of water and Water Supply and safe water and sanitation sanitation concerns of Sanitation Advocacy for use of civil society. alternative technologies Need for reforms for the urban poor Lack of recognition of the rights of the urban poor

CBOs/TLOs Participation in the project Centralization of Mobilization of local government residents Quality of project outputs Lack of proper municipal Awareness programs management Inadequate services and unacceptable environmental conditions

TA 7182-NEP - 26 - Final Report, Vol. 6 5.1.3 Government organizations 111 STIUEIP requires the participation of several Government departments. The consultation and participation plan provides for their participation through a project steering committee and technical committee at central level, and a project management committee at municipal level (Table 10). Table 10 Government agencies’ stakeholder analysis

Group Stakeholder’s interest Perception of problems Mandate/remarks

MPPW DUDBC Executing agency Project may include Executing agency components outside DUDBC’s core area of expertise. DOR Construction works on Coordination of drainage Road authority for strategic strategic roads works in right-of-way of roads strategic roads DWSS Drainage and Sanitation component TDF Repayment of existing and Risk of default in loan proposed loans to payments municipalities Interfaces with other projects

NWSC Sustainable operation of its Illegal connections Operates water supply water supply systems systems in the municipalities Constraints on tariffs

MLD SWMRMC Regional waste processing facilities

Local Body Fiscal Commission Municipalities DOH Department of Health care waste No final disposal facility Health Services Primary health care Primary health care is also a responsibility ot the municipalities

NPC

Participation of poor vulnerable groups in project benefits

National Women’s Participation of women in Lack of participation and Monitoring of women’s Commission project benefits and project representation of women. participation in development implementation. activities.

5.2 Statutory requirements and Government policies 112 In Nepal, municipalities are autonomous bodies and are not subject to Government direction. While international covenants bind the Government, municipalities are not equally bound to observe them. Similarly, the Government may have policies, but there is no guarantee that municipalities will act in accordance with them.

TA 7182-NEP - 27 - Final Report, Vol. 6 5.2.1 Consultation and participation

Social Welfare Act 113 The Social Welfare Act (1992) established the Social Welfare Council. This is now under the Ministry of Women, Children and Social Welfare, which was not established (as the Ministry of Women and Social Welfare) until 1995. The Act assigned the Social Welfare Council the following functions assigned the SWC the following functions:  promote, facilitate, coordinate, monitor, supervise, and evaluate NGO activities;  create the possibility of assistance for establishing, promoting, extending, and strengthening NGO activities;  function as the coordinating body between the Government of and NGOs;  advise and provide recommendations to the Government in formulating plans, policies, and programs related to social welfare and the service sector;

 establish trust funds for social welfare activities and encourage others to do the same;  conduct training and undertake studies and research on social welfare issues;  carry out physical supervision of the property of NGOs in Nepal; and  use national and international NGO assistance effectively. 114 Under the Act, the member secretary of the Social Welfare Council indicates the appropriate ministry for the registration of any new NGO. 115 The Government introduced a Social Welfare (first amendment) Ordinance in July 2005. The Ordinance gave the Ministry of Women, Children, and Social Welfare authority to issue directives on NGO activities.

Local Self-Governance Act 116 The Local Self-Governance Act, 1999, governs the participation of all people including Dalit. This Act emphasizes the promotion of social equality in mobilizing and allocating means for the development of local communities. The Act has provisions for nominating representatives to the council, board and mediation committee of local bodies from among the Dalits. Municipalities must give priority to projects that benefit women and children, and marginalized people while formulating development plans. The Local Self-Governance Act and the regulations under it lay down certain requirements for consultation and participation in relation to projects. The absence of elected members in the municipalities makes it impossible to comply with the letter of these requirements, but municipalities can still comply with the spirit of them. 117 The Act requires that municipalities encourage users‘ committees and other non- governmental organizations to undertake development and construction works. The Act requires that to the extent possible construction work should be undertaken by users‘ committees and other non-government organizations. Prior to the finalization of a project design, ward committees must provide details for the purposes of interaction and discussion with the relevant organizations, users committees or groups, NGOs and residents in a convenient place. The municipality must also coordinate with GoN agencies, NGOs and donor agencies implementing relevant services and development programs in the municipality. 118 In implementing a project, the municipality may form consumers' groups from among the project beneficiaries. The municipality also has to constitute a Supervision and Monitoring Committee for supervision and monitoring of its projects and programs.

Public Procurement Act 119 The Public Procurement Act (2006) permits construction work using users‘ committees or beneficiary groups; Clause 44 of the Act stipulates that user‘s committee or beneficiaries group

TA 7182-NEP - 28 - Final Report, Vol. 6 can be used in the construction work if such implementation modalities are found to be: (i) cost effective, (ii) of good quality, and (iii) sustainable. The Act made another provision for the use of users‘ committee or beneficiary groups if the main objective of the project is to promote employment generation. 120 The Act also made provisions (Clause 46) for employing NGOs to carry out various activities if such a modality is considered to be efficient and cost effective. The activities included public awareness training, orientation, empowerment and mainstreaming.

5.2.2 Obligations that limit consultation and participation 121 Consultation and participation should be about how to implement rather than whether to implement. In some circumstances, municipalities have obligations to act that over-ride any local objections. 122 Under the Local Self-Governance Act, GoN has powers to monitor whether the municipalities have accorded the necessary priorities to backward communities, women and children, and to matters such as the ecological balance have been encouraged, and GoN may give appropriate directions. The Act also contains requirements relating to the representation of women and ―socially and economically backward tribes and ethnic communities, downtrodden and indigenous people‖ in the affairs of the municipality. Thus there is a solid legal basis for GoN to require appropriate representation of women and vulnerable groups in consultation and participation activities in relation to the project. 123 Various decisions of the have made it clear that municipalities may not discharge untreated wastewater to rivers (see Volume 2).

5.2.3 Government policies 124 The National Urban Water Supply and Sanitation Sector Policy (2009) contains provisions relating to access to services and decision making for the poor and disadvantaged groups. Their objective is to ensure the participation of women and vulnerable groups in articulation of their concerns and in decision making at all practical levels. The provisions include the following: 1. Women and vulnerable groups must have access to sustainable basic services at affordable prices and have a voice in service-related decision making. Squatter and slum settlements residing within service areas of water systems shall not be systematically excluded from basic services. 2. Formation of Water and Sanitation Users Committees will be with defined authority and accountability, as valid entities, in planning, implementation, ownership of systems and operation of services. 3. The rights and needs of poor and marginalized groups, and especially of women, will be protected primarily through their statutory and proportional representation and their role in decision making will be enhanced by capacity building measures. 4. Women‘s participation will be emphasized in all aspects of water supply and sanitation planning, implementation, management, operation and maintenance. Recognizing that men have an equally important role in realizing the benefits of water supply and sanitation services, they will be encouraged through proper education and awareness programs for effective management of water supply and sanitation at household levels. 5. All urban water supply and sanitation projects must prepare social maps to identify the poor and other vulnerable groups requiring special assistance to get services. The project design documents will define measures to ensure that such groups are not systematically excluded from services. Output-based aid (OBA), a strategy for using explicit performance-based subsidies, will be used to promote connection of the poor

TA 7182-NEP - 29 - Final Report, Vol. 6 and disadvantaged groups to water supply and sanitation systems. 6. Users Committees will consult with identified vulnerable groups during tariff setting and consider their concerns as well as measures for relief during setting of tariffs. 7. To the extent possible, a demand responsive approach will be taken in the selection, planning, design and implementation of water supply and sanitation schemes. This will involve extensive consultations with potential users to understand existing systems, identify technology and service preferences and present the range of technology and cost options available.

5.3 Key issues Associated with each project component are specific issues for consultation and participation (Table 11: Key issues for consultation and participation).

Table 11: Key issues for consultation and participation

Component Sub-component Stage of implementation Issues

Drainage and Stormwater drainage Design TDF (coordination with TDF Sanitation drainage projects) Draining low lying areas on private property Eliminating vectors Sewerage Design Property connections Design and construction Property connections Design Location of public toilets Management of public toilets Communal water supply Design Upgrading of existing communal taps Location of new communal taps Sanitation for low income Planning Open defecation communities Communal or private toilets? OBA arrangements Awareness programs Content of programs

Solid Waste Solid waste collection Design Location of communal bins Management Design and operations Segregation of waste Operations Keeping animals away from solid waste Stopping open dumping Rehabilitation of ragpickers Operation of completed facilities Regional waste management Operations Marketing compost facilities

Roads and Lanes Roads Design Pavement crossings Lanes Design Selection of lanes

125 Intensive work with TLOs is the need. Use of mass media and written materials will not be effective in slums and squatter settlements where a high proportion of residents have little or no exposure to mass media or are illiterate. Birgunj, where there are few TLOs, will require more community mobilization work.

TA 7182-NEP - 30 - Final Report, Vol. 6 5.4 Existing consultation and participation arrangements 126 The Steering Committee for National Sanitation Action (SCNSA), chaired by the Director General of DWSS and comprising relevant line Ministries, donors, NGOs and the private sector, is an apex body reviewing policy and plans for sanitation. The Task Force, a main working group consisting of the representatives from key WATSAN stakeholders, and coordinated by the chief of the Environmental Sanitation Section, plays an advisory role to the SCNSA to undertake hygiene and sanitation activities at all levels—policy, planning, implementation, monitoring and evaluation. Meetings of SCNSA and the Task Force are held regularly to come up with key decisions on the best course of action for hygiene and sanitation promotion. The Environmental Sanitation section of DWSS works as the secretariat of SCNSA.

5.5 STIUEIP implementation arrangements

5.5.1 Sub-project 127 Implementation of each sub-project will comply with the requirements of the Local Self- Governance Act in relation to project implementation. In each municipality, a Project Management Committee (equivalent to the Supervision and Monitoring Committee mentioned in the Act) will oversee implementation of the project.

5.5.2 Drainage and Sanitation component and Roads and Lanes component 128 Because of the lack of proper plans and financial capacity to go with them, all the three municipalities have been facing acute drainage and sanitation problem for decades. Biratnagar municipality, for, example, listed this problem as an urgent need of the fast growing city in its 2000 integrated action plan. Yet, no solution was found and the problem only got worse by years. In Butwal, besides drainage and solid waste management adequate supply of clean and safe drinking water came as one of the urgent needs of the city's population. 129 The low income communities, the dalits and other vulnerable groups including the indigenous and minorities have always lived in a substandard situation. In most cases the municipalities have denied their existence and access to minimum facilities and services provided to the other segments of the city population. Therefore, these groups have shown interest in the STIUEIP components. This is the positive part of this project. Their access to drainage and sanitation facilities should be the main focus during the implementation of the current project because the government of Nepal has set its goal to provide sanitation to all the citizens by the year 2017. Denying this to some segments of the population is therefore denying human rights, justice and equality. 130 To implement the Drainage and Sanitation component and the Roads and Lanes component, there will be four main contracts in each municipality:  Design of separate sewerage system (in Birgunj, combined sewerage and drainage), public toilets, wastewater treatment plant, and associated road works.  Construction of sewerage, toilets, wastewater treatment plants and associated road works.  Construction of roads and lanes (primarily for low income communities) .  Sanitation programs for low-income communities. 131 Each contract will require the contractor to undertake consultation and participation work with particular attention to the issues that Table 12 lists. Consultation and participation work by the contractors will include key informant interviews, survey activities, community meetings, workshops, and meetings with municipal and ward committees that the municipality has nominated for the project.

TA 7182-NEP - 31 - Final Report, Vol. 6 Table 12: Consultation and participation work for Drainage and Sanitation component

Contract Method of consultation or Issues Outcomes participation

Design Key informant interviews

Public awareness programs Property connections All people are aware of the project

Meetings with municipal and Property connections Acceptance of the need to ward committees introduce new charges to pay for the works.

Community meetings Property connections Acceptance of the need to introduce new charges to pay for the works.

Meetings with CBOs Property connections Arrangements for participation in design and construction

Sanitation for low See volume 2 See volume 2 See volume 2 income communities Acceptance of the need to contribute to the cost of works and subsequent operations and maintenance pay for the works.

Construction Public awareness programs Property connections

Meetings with municipal and Agreement on duration ward committees and timing of construction activities.

5.5.3 Solid Waste Management component 132 Like the Drainage and Sanitation component, the Solid Waste Management will cover the entire municipality (in Birgunj and Butwal) to ensure that all poor and vulnerable groups are beneficiaries of the project. Consultation and participation work has to reach all TLOs (Table 13). Table 13: Consultation and participation work for Solid Waste Management component

Contract Method of consultation or Issues Outcomes participation

Design Key informant interviews Location of collection points Public awareness programs Improper disposal, composting, All people are aware of the waste minimisation project Meetings with municipal and Improper disposal, composting, Acceptance of the need to ward committees waste minimisation introduce new charges to pay for the works. Community meetings Improper disposal, composting, Acceptance of the need to waste minimisation introduce new charges to pay for the works. Meetings with TLOs Improper disposal, composting, Arrangements for waste minimization, TLO participation in design and participation construction Meetings with communities Prevention of adverse impacts near regional waste processing facilities Construction Public awareness programs Property connections Meetings with municipal and Agreement on duration ward committees and timing of construction activities.

TA 7182-NEP - 32 - Final Report, Vol. 6 5.5.4 Roads and Lanes component 133 All the project municipalities have listed this subproject as one important need. This, in some cities will go as a aligned project with drainage and sanitation. Survey results have indicated that people at the lowest social-economic order want better access to roads and footpaths in the years to come. This need was very pronounced in Biratnagar and Birgunuj. Existing roads and footpaths in some cases end abruptly at the entry to the poor and dalit settlements without any valid justification. New road/footpaths network will connect these settlements with main parts of the city such as market, schools, hospitals, where people go for work, services and other purposes.

Table 14: Consultation and participation work for Roads and Lanes component

Contract Method of consultation or Issues Outcomes participation

Design Key informant interviews

Public awareness programs Encroachments TLOs and wards take ownership of local roads

Meetings with municipal and Encroachments, safety Safer roads ward committees issues

Community meetings Selection of priority works for lanes

Meetings with TLOs Participation in Arrangements for construction participation in design and construction

Construction Public awareness programs Property connections

Meetings with municipal and Road safety Agreement on duration ward committees and timing of construction activities.

Operations and Meetings with ward Prevention of maintenance committees encroachment Prevention of blocking of drains

TA 7182-NEP - 33 - Final Report, Vol. 6 6 Gender and development

134 The outcome that STIUEIP seeks to achieve is a healthier environment. Men and women will be equal beneficiaries of this (leaving aside the fact that males are a larger proportion of the municipal populations), but if the project implementation is insensitive to gender and development issues then the total benefits will be less.

6.1 Legal and institutional framework 135 The Government established the Ministry of Women and Social Welfare in 1995. In 2000, it was renamed the Ministry of Women, Children, and Social Welfare. The Ministry for established the National Women Commission in 2002 to design, execute, monitor and evaluate as well as promote the implementation of the policies related to women. However, the National Women Commission Act (2006) is silent on the role of the Commission to promote the legal, political and social safeguards of women. The Ministry is responsible for Women‘s Development Offices in each of Nepal‘s 75 districts. 136 The powers, functions and duties of the Commission are as follows:  To formulate national policy and program concerning with the right and interest of women and present it before the government of Nepal for execution.  To suggest actions to the Government for compliance or execution by monitoring whether or not the existing law relating to rights and interests of women are complied with or whether or not the obligation under the international conventions to which Nepal is a party is executed in case of non-compliance or non-execution.  To review, monitor and evaluate the policy and program enforced to merge women in the mainstream of national development and recommend to the Government for its effective implementation.  To increase or cause to increase awareness of the people against the discrimination and bad customs against the women.  To analyze or cause to analyze the policies and programs concerning of different ministries, whether or not they are effective from the perspective of gender justice.  To make recommendations and monitor thereof for the reforms by making research and studies of gender equality, women empowerment and laws relating to women.  To visit, inspect and view the offices, bodies under the Government or the governmental or non-governmental or private organization established under the law and make recommendations on matters such as functions and physical facilities of such offices or bodies relating to the protection of rights of women.  To monitor whether or not the Government has sent the reports to be sent pursuant to the provisions of international conventions to which Nepal is a party.  To make essential arrangements to render legal aid to women who are helpless, victimized or deprived from women's rights.  To launch public hearing as per necessity over the matters relating to the rights, interests and concerns of women. 137 The 2007 Interim Constitution states that there shall be no discrimination on the basis of sex.

TA 7182-NEP - 34 - Final Report, Vol. 6 6.2 Interventions to promote gender equity Gender policies and programs in Nepal have lagged behind international trends. Nevertheless, since Nepal‘s ratification of CEDAW in 1991, there have been many positive developments with respect to gender equality, including formulation of the National Plan of Action on Gender Equality and Women s Empowerment; approval of a plan of action on the Convention; formulation of a national human rights action plan; approval of the National Strategy on Education for All, aimed at eliminating gender disparity in education by 2005 and achieving gender equality by 2015; and finalization of the South Asian Association for Regional Cooperation Social Charter. 138 Unfortunately, the National Women‘s Commission has faced direct political interference and its independence is in question. The cabinet issued a decision on 7 October 2009, relieving the Chairperson and all five commissioners of their posts, even though they had two more years of their mandates remaining. The Supreme Court later issued a stay order, preventing implementation of the Government‘s decision until the court issues a ruling. 139 There are some window dressing policies that have been initiated by the government like 20 per cent female representation at local level committees and 5 percent representation in parliamentary election. The reality is that it is still difficult for a significant percentage of women to reach cabinet level even after fourteen years of commitment to the Beijing Declaration.20

6.3 Women’s participation in urban local government 140 In the absence of elections, there are no statistics by which to measure the participation of women in urban local government. In the last year for which data are available (1999), there were 806 female elected representatives in municipalities as compared with 3,340 males. 141 No Act or article of the constitution in any way discriminates women from men in any formal or Governmental organizations. However, social discrimination is a different matter. Rather the government is initiating new provisions to promote women‘s participation in educational opportunities, governmental jobs and political fields. In this context the Government introduced additional legal provisions to provide women more opportunities to participate in municipal government, i.e. in the municipal board. For example, the Local Self Governance Act spells out that as a minimum one of the five members of each ward of the municipality should be a woman. There is also a provision to nominate six members from among the social workers, disadvantaged, deprived and scheduled caste and aboriginal group of population for the municipal council. But one among them should be a woman considering the above provisions. When there are elections, there are no constraints, whether formal or informal, which intend to prevent the women to voice their opinion. The absence of elections disadvantages women. The all-party committees for Biratnagar, Birgunj and Butwal are exclusively male.

6.3.1 Training on UEIP 142 On UEIP training and capacity building programs for municipalities tended to benefit men to a far greater extent than women (Table 15).

20 At the Fourth World Conference on Women, held in Beijing in September 1995.

TA 7182-NEP - 35 - Final Report, Vol. 6 Table 15 Participation of women in UEIP

Steering committee Training program Employment in Awareness Town (%) (%) construction (%) program (%)

Dhulikhel - 5.0 35.2 - Bharatpur - 12.4 2.3 - 6.3 7.9 2.7 - Banepa 11.8 11.1 5.1 - Panauti 11.1 3.7 - 67.1 Ratnanagar 6.7 8.1 - 72.0 Bidur - 9.5 - 58.2 Kamalamai 27.8 8.1 25.3 58.0 Source: UEIP Quarterly report, 31 March 2009

143 For the promotion of women‘s participation in the decision making in the municipalities the Municipality Association of Nepal (MUAN) has showed its commitment to the CEDAW. In this context, MUAN conducted a six-day Orientation Program for the Women representatives (both elected and nominated) on the ―Role of Women People‘s Representative in Ward and Municipality and their Leadership Development‖ from 29 November 1999 to 19 February 2000 in all 58 municipalities. 144 Similarly, Urban Development Training Center, also conducted a training program on leadership development and the role of urban women representatives in municipal development for the woman representatives (elected and nominated) of Urban Local Government. Similarly, UDLE has also provided on the job training to municipal staff and the elected representatives of the municipalities through mobile support services in each municipality. Short courses are conducted at the selected training centers for the representatives of different Municipalities while long term training courses are conducted at the national training institutions. 145 However, a number of government agencies and NGOs are involved to providing various types of vocational training for women. The Women Development Division of the MLD and various NGOs are involved in training sectors but there are hardly any organizations or institutions that provide any training and support mechanism for women representatives in the municipalities. Similarly, other organization and institution should come forward to provide training on leadership and capability building and support mechanism for the women representatives in ULG. What is urgently required is to encourage and recruit women from low income and minority ethnic groups in the municipal administration development activities.

6.4 Women in the labor market 146 Women are at a particular disadvantage in terms of obtaining decent and productive employment.21 147 At this time of the 2001 census, women comprised 44 per cent of the labor force. However, only 7.7 per cent of the women labor force receives equal remuneration for their work, 63.4 per cent were unpaid and the remaining women were self- employed. The NLSS revealed that only 3.2 per cent of women work for wages as compared with 17.9 per cent of men. Different surveys have slum that city restaurants, lodges etc. are culturally unpalatable this is due to the start economic reality of the families. With some training a large build of this population could be diverted to day care, office and house cleaning, security grand hardly men/women, gardens and other culturally acceptable earning activities.

21 ILO, 2008, Decent Work Country Programme for Nepal, 2008-2010

TA 7182-NEP - 36 - Final Report, Vol. 6 6.5 Gender analysis of the project municipalities

6.5.1 Biratnagar 148 At the time of the 2001 census, the municipality of Biratnagar had a population of 180,138 (males 94,075 and females 86,063). The female population is nearly 5 per cent less than the male population, reflecting the fact that most migrants are males. According to the Town Profile of Biratnagar (2007) about 4.9 per cent households are headed by females. Similarly, 9.2 per cent families have females engaged in social activities, and 3,515 families have at least one family member engaged in such activities. Compared to two other STIUEIP municipalities, Biratnagar has a higher percentage of female literacy and participation in social, economic activities. Yet taken the low income group females, especially from slum, squatter and migrant communities, they are out of the municipal mainstream of development. Also, the municipality of Biratnagar lags only one step behind Kathmandu as the municipality is employing a very small number females in its administrative structure (Periodic Plan, 2007).

Participation of women in social activities 149 Table 16 shows inclusion of women in various local organizations. Out of 38,358 families, 3,515 families have participation of women in social activities, which is 9.2 per cent of total families. Average family size for participation of women in local organizations‘ activities is 4.9 which is high than average family size. Table 16: Distribution of family no. for participation of women in social activities, Biratnagar 2007

Participation of women in No. of Average size of social activities households households

No. %

Yes 3,515 9.2 4.9

No 34,846 90.8 4.7

Total 38,358 100 4.7

Source: Biratnagar municipality, 2007, Poverty Profile and Map. 150 Table 17 shows household number on the basis of number of women involved in social activities which shows that 3438 families have only one woman involved in such activities. There is necessity of awareness programs and opportunities for making more women involved. Table 17: Distribution of family no. for no. of participation of women in social activities, Biratnagar 2007

Participation of women No. of households Percentage

Only one woman involved 3,438 97.8

Two women involved 62 1.8

Three women involved 13 0.4

Four women involved 2 0.1

Total 3,515 100

Source: Biratnagar municipality, 2007, Poverty Profile and Map. 151 Table 18 shows inclusion of women of the municipality engaged in different local social and financial institutions. It is interesting to note that large number of households have their females involved in TLOs. Mothers‘ groups, and micro-credit organization are also attracting females these days.

TA 7182-NEP - 37 - Final Report, Vol. 6 Table 18 Distribution of families on basis of inclusion of women in different organization

Local social organization Number of households Average Number Percentage households size

Tole lane organization 2,600 73.9 4.8 Savings and credit 247 7.0 4.7 School management committee 26 0.7 4.8 Health related organization 36 1.0 6 Users committee 14 0.4 5.5 Small farmers group 3 0.1 4.3 Mothers group 379 10.8 5.1 Youth club 22 0.6 5.6 Others 547 15.6 5.1

Total 3517 100.0 4.9

Source: Biratnagar municipality, 2007, Poverty Profile and Map.

Women’s perception of needs 152 In Biratnagar, women‘s perceptions of needs are not markedly different from those of other groups. The main difference is that women put water supply ahead of drainage (Table 19). Table 19 Priorities as seen by different groups, 2009

Group 1st priority 2nd priority 3rd priority 4th priority 5th priority

Women Employment Water supply Drainage Roads Solid waste management

Dalits Employment Water supply Roads Drainage Solid waste management

Commercial Drainage Solid waste Roads Sanitation Security area management

Suburban Drainage Solid waste Sanitation Roads Water supply management

Slum Employment Water supply Roads Drainage Solid waste management

Squatter Employment Water supply Roads Solid waste Drainage management

Source: STIUEIP focus groups.

6.5.2 Birgunj 153 Otherwise known as a prosperous city the Birgunj municipality presents a very stark contrast in terms of gender and development. The municipality, having a major responsibility to formulate and implement plans for the balanced and just development of the residents has no specific plans for the very low income groups, specially the females, a small percentage of these disadvantaged and marginalized groups finds menial jobs as cleaners, sweepers, etc in the municipality. Other than that there are virtually no plans for their social-economic development and access to urban services. Some NGOs, such as the Lumanti, based in Kathmandu are working in Birgunj focusing on urban poor and females. The municipality and Lumanti have recently set up a NRs1.4m fund for the purpose of credit. 154 The female literacy rate especially among the city‘s poor and slum –squatter residences is also very low. Access to adequate clean drinking water, drainage-toilet, roads and footpath is also

TA 7182-NEP - 38 - Final Report, Vol. 6 limited. Local cultures-Maithili, Bhojpuri and other (minor, dalits, muslim) limit the activities of their females, thereby rendering their access to social economic resources even more difficult. Development projects such as STIUEIP can play major and catalytic role in mitigating the adverse effect of the type and level of discrimination and discrepancies while formulating plans in collaboration with the in municipalities and the CBOs/NGOs. 155 The Periodic Plan Preparation Paper mentions the urgent need of the municipality to focus on women empowerment and gender equality policy and formulate practical plans and implement. This, the paper says, is essential to end the existing discriminations facing the women against the general notion of bringing women to the mainstream of development. 156 Birgunj, being the closest border town from the girl-trafficking prone districts of central Nepal (especiually. around Kathmandu), government as well as non-government agencies have their surveillance and rescue activities fixed on the border here, for example in 2008 -  195 – Girls were returned from Birgunj to their families.  13 – Were rescued from the cities where they were sold  40 – Were not traced and recorded here at Birgunj as ‗lost‘  35 – Women were recorded as suffering from domestic violence

 187 – Girls were found working at ‗cottage‘ restaurants in Birgunj. 157 In order to improve the situation the (central) government, the municipality and NGOs need to work closer together, using all means and resources. The project will make an indirect contribution by strengthening the institutional capacity of the municipality.

Women’s perceptions of needs 158 In Birgunj, women‘s perceptions of needs are identical to those vulnerable groups (Table 20). Table 20 Priorities as seen by different groups, 2009

Group 1st priority 2nd priority 3rd priority 4th priority

Women Sanitation Drainage Solid waste Roads management

Dalits Sanitation Drainage Solid waste Roads management

Muslims Sanitation Drainage Solid waste Roads management

Commercial Toilets for Drainage Solid waste Roads area visitors management

Suburban Drainage Sanitation Sanitation Roads

Slum Sanitation Drainage Roads Solid waste management

Squatter Drainage Sanitation Solid waste Roads management

Source: STIUEIP focus groups.

TA 7182-NEP - 39 - Final Report, Vol. 6 6.5.3 Butwal 159 The municipality of Butwal has a female population of 45,000 (2001). Of the total population of 95,017 at least 15,000 live in slums and squatter settlements. Also, 25 percent of the total urban population is poor. The number of poor female in these settlements is very high, yet the municipality poverty reduction strategy does not mention about the status of women and plan to incorporate them in income generation or poverty reduction strategy. 160 There are, however, at least 4 NGOs whose activities are related to women. These local organizations can be partner for future STIUEIP Projects in the Butwal municipality. They are as follows –  Skill Development Centre (SDC)  Women Acting Together for Change (WATCH)  Nepal Family Planning Association, and  Mother Initiative Cooperation (MIC) 161 With some form of collaboration with these organizations positive changes can be brought in all forms of gender disparities and inequalities existing in the municipality population.

Women’s perception of needs 162 In Butwal, women‘s perceptions of needs are similar to those vulnerable groups (Table 21). Table 21 : Priorities as seen by different groups, 2009

Group 1st priority 2nd priority 3rd priority 4th priority 5th priority

Water supply Solid waste Women Employment Drainage Roads and sanitation management

Water supply Solid waste Dalits Employment Roads Roads and sanitation management

Commercial Solid waste Water supply Drainage Roads Sanitation area management

Solid waste Sanitation Suburban Water supply Roads Drainage management

Slum/squatter River training Water supply Drainage Roads Sanitation

Source: STIUEIP focus groups.

6.6 GESI strategy 163 The GESI strategy for STIUEIP has two main planks: participation and distribution of project benefits. The strategy rests partly on the findings of STIUEIP surveys and partly on the results of national surveys.

6.6.1 Lessons learnt 164 The Ninth and the Tenth Five Year plan mentioned the need to uplift women‘s status. The Tenth Plan (2002-2007), for example, set three targets: raising both the GDI and GEM to 0.500 and women‘s participation in policy development to 20 per cent. Of these targets, Nepal comfortably achieved the GDI target, with a score of 0.545 in 2007, but fell well short on the other two. It achieved the GDI target because of the improvement in female life expectancy. Although the improvement in the GDI implies an improvement in the relative capabilities of women, their representation and participation remain much lower than that of men in the

TA 7182-NEP - 40 - Final Report, Vol. 6 political, economic and professional domains.22 The plans had proposed gender mainstreaming, empowerment of females, and gender equality as programs to achieve their targets. However, implementing these programs has been a challenge at all levels of government. In the context of STIUEIP, a review of the periodic plans and the municipality profiles shows that despite voluminous reports on poverty and several other issues, no specific measures have been taken regarding gender and development. Municipalities have allocated very small or no budget to address specific or cross-cutting issues related to gender and development. 165 Simply stated, local bodies such as the municipalities have not designed specific programs to address gender issues and tie them up to the national plans, whether the Tenth or the Interim or for that matter the MDGs. It is if local government views development as a matter for the central government rather

6.6.2 Strategy 166 Based on these observations and the lessons learnt, the following strategies have been suggested: (a) At the policy level The municipalities should take the gender-related policies of the Government as the main guiding policy and:  Formulate the gender development plans embracing all aspects and issues

 Prepare an annual time frame to attain the target  Involve local CBOs and TLOs as partners (b) At the implementation level The municipalities need to:  Prepare and implement gender development strategies keeping poverty, access to resources, empowerment and wider participation of females in development activities as the lead issues to attain MDG and gender equality.  See to it that females are the actual beneficiaries of the projects (c) At the monitoring/evaluation level Weak monitoring and evaluation process have caused even well laid out plans to fail. Considering the fact that there are effective Government projects (especially the Local Governance and Community Development Programme) and NGOs at work, collaborative arrangements can be effective in monitoring gender development activities at the municipality level. Similarly, social auditing of gender and development activities can be effectively organized at the municipal level. (d) Implementation precautions These strategies briefly mentioned here can be applied to frame policies and program in all the selected STIUEIP cities. However the highly pluralistic nature of the Nepalese society its reflection on the municipal social structure and the highly conservative nature of the terai society warrant cautious formulation and development of these strategies and implementation plans during the implementation phase of the ADB project components. 167 Concerted effort to ensure women's participation in social, cultural and economic activities of the respective municipalities is the only road map for their development.

22 UNDP, 2009, Nepal Human Development Report.

TA 7182-NEP - 41 - Final Report, Vol. 6 6.7 Gender equality and social inclusion action plan 168 The issue of social inclusion cuts across caste, ethnicity, gender and other social divisions. Discriminatory caste relations have been extremely persistent within the overall pattern of social change in Nepal. It is therefore necessary that the project incorporate specific targets and responsibilities in respect of social inclusion (Table 22). 169 Gender focal points have been appointed in all ministries and independent departments. They have common terms of reference and responsibilities, which include:  Facilitating planning, implementation, monitoring and evaluation of the department‘s programmes from the perspective of gender mainstreaming.  Coordinating with the Ministry of Women Children and Social Welfare (MWCSW) in the implementation of national action plans prepared by MWCSW; and participating in meetings discussions, trainings, seminars and workshops organised by the MWCSW and other related organisations.  Providing gender training to ministry and department staff.  Supporting a gender friendly atmosphere in the ministries.  Facilitating gender audits and gender mainstreaming in the budgetary process and any policy, law, strategy, programme or action plan of the ministry and advising in implementing the recommendations made.  Supporting preparation of progress reports and providing related data and other information to MWCSW when requested. 170 In most ministries, the gender focal point is a gazetted second class officer, but in MPPW it is a gazetted third class officer. This seems inappropriate in the context of the importance of gender issues in MPPW projects.

TA 7182-NEP - 42 - Final Report, Vol. 6 Table 22 Gender equality and social inclusion action plan

Component/activity Targets and indicators Responsibility

Drainage and Sanitation Design Total sanitation PIUs Women to be at least 50 per cent of PIUs. awareness and community mobilization teams. At least 20 per cent of awareness and PIUs. community mobilization teams to be from disadvantaged groups. Construction Women at least 20 per cent of construction PIUs. labour force. Direct instructions to be given to construction PIUs. supervisors regarding decent work.(1) Verify that construction contractors insure PIUs. workers in accordance with model Public Works Directives contracts. Solid Waste Management Rehabilitation of rag pickers No children employed in rag picking Municipalities’ Social Units, by project completion Programs for street children Municipalities’ Social Units, by project completion Appropriate protective clothing to be provided PIUs. to all SWM workers Roads and Lanes Construction Women at least 20 per cent of construction Municipalities labor Lanes Lane improvements must cover dalit and Municipalities Muslim neigbbourhoods before others. Project Implementation Assistance Women at least 33 per cent of the participants PIUs. in training.(2) All components Establish municipal Project Women at least 33 per cent of the Municipalities Management Committee(3) membership.(2) One member of Project Management Committee to have designated responsibility for gender-related issues. Establish Dalit and Oppressed Recommendations made by Dalit and Municipalities Committee, with responsibility for Oppressed Committee and records of making recommendations on outcomes. project implementation.(4) Preparation, adoption and Women 30 per cent of members Municipalities implementation of a poverty No differentiation in wages between women PCOs to ensure reduction plan and men for work of equal value. compliance at all times. Contract document preparation Use of labor-intensive construction methods.(5) Notes: (1) ILO recommendation. (2) Specified in TYIP. (3) DUDBC suggested this title and PADECO concurs. The Local Self-Governance Act uses the phrase ―Supervision and Monitoring Committee‖. (4) The Ninth Plan included the establishment of Dalit and Oppressed Committees at District level. (5) A requirement of the Local Infrastructure Development Policy.

TA 7182-NEP - 43 - Final Report, Vol. 6 Appendix A

Focus group survey

A.1. Focus group discussion plan September, 2009 1 The Focus Group Discussion (FGD) was planned in order to complement the data derived from the community questionnaire (Appendix B). It was specially designed to be representative all the tols/clusters including slums and squatters of the three municipalities. 2 The focus group discussions covered the following tentative STIUEIP components:  Drainage and sanitation  Roads and lanes  Solid waste management: 3 Each focus group was required to highlight on one major theme of the above areas but could also touch upon other areas depending on the nature of the location of the cluster under survey. 4 The sample population for the roads and drainage discussion groups covered those wards and tols likely to be covered by drainage works (the major component of the project). The sample population for the solid waste management groups covered the entire municipality. 5 The 21 groups in each town were representative of types of residential area and social groups:

Commercial areas Drainage , solid waste 1 group for poor management, roads 1 group for women 1 mixed group

Residential areas Drainage 3 groups for poor Solid waste management 3 groups for other Roads Slum areas Drainage 3 mixed gender groups Solid waste management 3 women only groups Roads

Squatter areas Drainage 3 mixed gender groups Solid waste management 3 women only groups Roads

6 Topics for discussion included:  Need for action  Coping practices/mechanisms used in the absence of existing municipal services  Improvement priorities of different clusters/groups/classes  Willingness to pay for improvement in services  Design issues 7 The surveys took approximately three weeks in each town.

TA 7182-NEP A - 1 Final Report, vol. 6 8 The survey team, after training by the consultant was given the instruction – for example asked to follow the following steps before starting the discussion –

Days Activity Purpose Task to be undertaken

One Observation walk Identify potential cluster for work Come down to a workable size of groups, its composition, Observe characteristics of the locality potential families Meet people in groups Standard no not to exceed 10 Assess general condition of locality Set criteria for group composition Two Repeat exercise – Finalize sample criteria Come to final group formation modify style, pace, etc

Note: find and use cluster as a parameter to carry out the work. 9 An agreement for the work was signed between PADECO Co. and Development Matrix on 15Th September 2009. Major highlights were as follows:  Development Matrix would complete the work in an acceptable formant  It would analyze the data and submit the result in the result in support format.  The total duration of the assignment would be 30 working days from the day of signature of contract.  Final payment to be done only after the submission of the final report and in invoice acceptable to PADECO. The team was asked to cover all the municipal words (Biratnagar 22, Birgunj 19, Butwal15) for the discussion selecting most of the tols clusters and including women, poor dalits and vulnerable groups. Special attention was to be given to their priorities during the formulation and implementation phase of the Project under discussion. Also, the discussion covered the project affected areas of the municipalities.

A.2. Check list: major respondent categories 10 Poverty – how many categories are there – poor, very poor, extremely poor 11 Self assessment – self reporting method is recommendable in this project. 12 See how many of them are now better/worse off compared to their life experience three years ago.

2.1 Payment/affordability 13 How many respondents think they can pay for the services without much problem? 14 How many say they can somehow? How many think they cannot, and how many think they are not sure. 15 How many think they feel it difficult.

2.2 Potential participants  a. women, b. dalit, c. indigenous d. disable, e. elderly, f. marginalized groups, g. slum / squatter dwellers  team leader-facilitator, scribe

TA 7182-NEP A - 2 Final Report, vol. 6 A.3. Guidelines 16 This tool is prepared in order to collect data from the selected municipalities in the following project areas:  Water and Sanitation  Solid Waste Management, and  Roads 17 The main focus will be on the status of poverty and the respondents' willingness to pay for the service. The data will be gathered as a complimentary to household survey which will be carried out after the completion of this segment of survey. 18 There will be a supervisor with two field surveyors to conduct the discussion and prepare the preliminary report 19 The team will conduct one Discussion in each ward of the municipality. Depending on the density of the target population (which might be assessed in consultation with the municipality Chiefs/administration) the number can be increased. 20 The sample will be representative of the poor of the municipality– including elderly, women, disadvantaged, disabled, migrated or displaced, minority, and squatters 21 The team will prepare a short profile of the participants before embarking on the discussion. 22 Enough time is to be given for the participants to express their views but monitoring of discussion is essential in order to keep the response coherent, meaningful and systematic. 23 Each of the participant is expected to represent the community it comes from so that the data compiled could be representative. 24 At the beginning and end of the discussion, assess the environment and be sure that the participant are/were in good temperament, responsive, and cooperative in keeping the environment conducive to run the session. 25 The team does not ‘promise’ anything, nor ‘discourage’ participants – the discussion should ‘focus’ on the day’s ‘menu’ – serving them is not only essential but also mandatory on the part of the enumerator/field surveyor 26 Be sure people want to pay for the services – ask how do they like to do so. Normally people tend to say yes and later turn deaf ear when the time comes. Note: The group should not be larger than ten participants – each individual (tentatively) representing the population he/she comes from.

3.1 Focus Group Discussion

Check list

3.1.1 Important steps 27 First of all, prepare quick profile of the participants 28 Name, age, sex, marital status, address, permanent and current, born, migrated, occupation, institutional affiliation 29 Brief presentation by facilitator on aims of the discussion, project components, benefit, risks, responsibilities of the participants 30 Perception discussion: 31 Brief survey of the state of the art of municipal services, how people feel about them, the quality, adequacy, payment, management etc. – do people have access to these facilities? TA 7182-NEP A - 3 Final Report, vol. 6 32 Approximately what percent of the people have access to these facilities –  drainage and sanitation,  solid waste management, and  roads and footpaths 33 Are these facilities well managed, maintained, useful to people? 34 Participants' willingness to participate in the implementation of the project: 35 Discuss the mode of participation they like to be in

3.1.2 Focus of gender participation, other categories' participation 36 Participants' assessment of the benefits of the Project  How these components can be beneficial to people  Ranking of benefits is useful to assess their attitude  Will life be better after the services are in place?  Compare life without them and with them 37 Payment issue – discuss in detail  The mode of payment  Range – monthly/annually – rs 20 to 50 month for water, sewerage, solid waste  Is this range acceptable  How do people mange it?  Will payment be a problem? 38 How do they solve it – the resources 39 How do people think they can be important part of the project component?  The ownership issue  Gender perspective  Minority perspective  Disadvantaged perspective  Slum squatter perspective  Others, if any 40 CBO role in project 41 How do people see this in their areas 42 Any good experiences, examples of CBO support activities 43 Are there user groups? 44 In what sector/s ? 45 Can there be in the future? 46 Any change/modification people want in the sub project 47 Any suggestion they have in relation to the three main facilities the project will have

3.1.3 Sanitation 48 Do most of the household in this ward/tol have Toilets

TA 7182-NEP A - 4 Final Report, vol. 6 49 If 'yes', where is it normally located?  Inside the house  Shared with other tenants 50 Is there any drainage? 51 Are houses linked with the main drainage? 52 If 'no' (to question 1) where do people go?  To community toilet  Out in the open field/forest  In the river, watercourse, drain 53 Are toilets here linked 54 With the main sewerage system?  Septic tanks 55 How are septic tanks cleaned?  Private company  Municipality sweepers  Other means/uses, specify 56 Is there payment involved in cleaning the tank  How much do you have to pay  Payment range – Rs. … once, month, year

TA 7182-NEP A - 5 Final Report, vol. 6 Appendix B Community questionnaire

1 PADECO designed and piloted a household survey to assess willingness to pay and collect other data essential for the design of water supply projects. However, when the three STIUEIP municipalities listed priorities other than water supply, it was decided to drop the household survey and concentrate on a community survey instead. 2 The community questionnaire (CQ) in fact included some pertinent questions on water supply and sanitation as well as other municipal services. 3 Three local NGOs run by professionals were recommended by the local people to conduct the CQ. According to following CGOs were found interested and qualified to carry out the CQ. After a careful study of their letters of interest, professional profile and experience. The decision was made to assign then the work and a contact was signed between DADECO and the following organization-  (Sammudayik) Prayas Nepal – Biratnagar  Social and Environmental Development Organization (SEDO) – Birgunj and  Paribartan Nepal – Butwal 4 As of now, all the three organization have completed the survey and data are now in. 5 The NGOs personnel assigned the task were trained by the consultants to conduct the survey using key informants as the main source of data generation. The informants came from the concerned tol/clusters and communities and had adequate level of knowledge about their respective tols, people’s needs and aspirations, their priorities, status of existing services and nature of their use. One hundred and fourteen tols in Biratnagar, ninety five in Birgunj and seventy three in Butwal were covered for the purpose of the sample. Special focus was on the project affected areas of the municipalities. 6 A copy of the survey questionnaire has been attached with this appendix.

TA 7182 – NEP B -1 Final Report, vol.6 Index No Town Ward Tol

STIUEIP – NEP/ADB TA 7182 Urban Community Questionnaire

Focusing on Water/Sanitation, Solid Waste Management and Roads Components

Method: Key Informant Interview

Name of the City/ Town: Ward No: Tol:

Total wards:

Sample coverage: All wards

Ward Population:

Name of Interviewer: Date of Survey:

Key Informant detail:

No Name Age/sex Address Occupation 1 2

3 4

(Note to the interviewer: Please list the main informant first – as no. 1., and if others assist him to have the right response, list them as well below his name)

Checked by:(supervisor) Name:

Signature

Date:

TA 7182 – NEP B -2 Final Report, vol.6 Index No Town Ward Tol

SECTION 1: POULATION CHARACTERISTICS AND DWELLING TYPE

MAJOR CHARACTERISTICS OF THE COMMUNITY 1.1. Number of households in the Tol: 1.2. Population of the Tol: 1.3. Principal ethnic and religious groups represented in the Tol:

Fill either column 3..A.. ETHNIC GROUP Code NUMBER OF PERCENTAGE OF 1 Kurmi 1 HOUSEHOLDS HOUSEHOLDLS 2 Shaha 2 3 Chamar 3 4 Dhobi 4 5 Kumhal 5 6 Dusal 6 7 Ejham 7 8 Lohar 8 9 Brahmin 9 10 Others 10 3. B. RELIGION CODE NUMBER OF PERCENTAGE OF 1 Hindu 1 HOUSEHOLDS HOUSEHOLDLS 2 Buddhist 2 3 Islam 3 4 Kirata 4 5 Jaina 5 6 Christian 6 7 Sikh 7 8 Others, list them… 8 CODE NUMBER OF PERCENTAGE OF 13 . C. LAUNGUAGENepali GROUPS 1 HOUSEHOLDS HOUSEHOLDLS 2 Maithili 2 3 Bhojpuri 3 4 Awadhi 4 5 Newari 5 6 Tharu 6 7 Urdu 7 8 Hindi 8 9 Marwadi 9 10 Other……… 10

1.4 Have most of the residents of this ward lived here a long time? One Generation (that is more than 25 years )…………………………..1 More than two generation…………………………. ……………………..2

TA 7182 – NEP B -3 Final Report, vol.6 Index No Town Ward Tol

1.5 Most of the houses in this ward are … INDEPENDENT HOUSES 1 ROW HOUSES 2 APARTMENTS 3 SAJHA CHOWK 4 1.6. What percentage could be given to the following construction types of dwellings of this ward?

Types of house Code Percentage of house Concrete House 1 Non Concrete House(wood,zinc) 2 Mud wall, Thatch Rood 3 Others Types, specify… 4

1.7 What per cent of people of this tol live in slums or squatter settlements? SLUMS DWELLERS None %...... 1 1-2 %...... 2 2-5 %...... 3 Above 5 ……………...4

SQUATTER DWELLERS: None %...... 1 1-2%...... 2 2-5%...... 3 Above 5………………...4

1.8 What is the average price of residential land in this TOL? Rupees KATHA 1 UNIT HAT 2 1.9 What is the average size of the housing plot in this Tol?

Quantity KATHA 1 DHUR 2 UNIT HAT 3 1.10 Are there schools in this Tol?

Schools Code Number No 1 Primary 2 Lower Secondary 3 Higher Secondary 3 Others(Specify) ……… 5

TA 7182 – NEP B -4 Final Report, vol.6

1.11 Are there health facilities in this Tol?

Health Centre Code Number

No 1

Medical hall 2

Clinic 3

Nursing home 4 Hospital

1.12 Are there health education related mobile awareness programs in this Tol? (what about literacy programme?) YES 1 NO 2 DON"T KNOW 99 1.13 Are there also literacy programs ? Yes 1 NO 2 Dk 99 1.14 yes, are females involved/targeted in such programs? Yes 1 No 2 Dk 99 1.15 Are there any cultural/heritage sites in this Tol?

Heritage Number No Archaeological sites Shrines/mosques Old monuments Open monuments Other sites……

1.16 In your opinion, what percentage of the families of this Tol are below poverty line (That is earning less than one dollar/75 rupees a day)? Less than 5 percent 1 5- 10 percent 2 10-25 percent 3 25-50 percent 4 More than 50 percent 5 1.17 To the best of your knowledge, have poverty reduction measures been designed and implemented in this Tol in recent times? Yes………………1 No………………..2 Dn……………….99 1.18 If yes, who brought these programs? GOvt………………….1 INGO/NGOs…………2 Private sector………..3 TA 7182 – NEP B -5 Final Report, vol.6 Community…………..4 Other…………………5 1.19 Approximately how many families benefitted from such programs? About ….. Do not know ……….99

SECTION TWO: WATER SUPPLY

2.1 From where do the households in this Tol get their main source of water YES 1 NO 2

WATER SOURCE 2 PIPED WATER (PRIVATE) 2 PUBLIC STANDPIPES 1 HAND PUMPS 2 COVERED WELL/TUBEWELLS 2 OPEN WELL/NATURAL WELL 2 RIVER/STREAM 2 NATURAL SPRING 2 OTHER, specify 2.2 Water supply in this tol Direct connected ………..1 Community Tap………….2 Hand pipe………………..3 2.3 How many public standpipes are there in the tol? NUMBER INSTRUCTION: IF THE TOL HAS A STANDPIPE, OR WATER IS PIPED DIRECTLY TO HOUSEHOLDS ASK Q, …., ELSE GO TO ……………

2.4 What type of pipes are used to pipe water supply in the TOL? G I PIPES 1 POLYTHENE 2 DON’T KNOW 99

SECTION THREE : DRAINAGE AND SANITATION

3.1 Do most people of the Tol have toilets in their houses/compounds? YES 1 1 NO 2 2 3.2 If yes, do they have HOUSEHOLD FLUSH (MUNICIPAL SEWER CONNECTION) 1 HOUSEHOLD FLUSH (PRIVATE SEPTIC TANKS) 2 PIT LATRINE SYSTEM 3 DON' KNOW 99

3.3 If the septic tank/pit fills up, how do people clean it? Use as fertilizer 1 Hire sweeper to dispose it 2 Release into drainage during rainy months 3 TA 7182 – NEP B -6 Final Report, vol.6 Do not know 99

3.4 If there are no toilets in the houses, where do people normally go for defecation? COMMUNITY LATRINES 1 OPEN FIELDS 2 OTHER OPTIONS, IF ANY 3 DON’T KNOW 99 3.5 What type of sewerage system does the Tol have? CLOSED DRAINS 1 OPEN DRAINS 2 SOAK PITS 3 NO DRAIN 4 DON'T KNOW 5 3.6 If there is an open drain, where would the dirty water ultimately go? NEARBY RIVER 1 OPEN SPACE, FIELD 2 REMAINS IN THE DRAIN ITSELF 3 3.7 During THE rainy season, what is the provision for storm water outlet in this tol? THERE IS LARGE ENOUGH DRAIN TO CONTAIN IT 1 DRAIN IS SMALL, TAKES SEVERAL HOURS/DAYS TOSUBSIDE 2 FOR LACK OF DRAIN, SOME AREAS REMAIN FLOODED 3 OTHERS, SPECIFY.. 4 3.8 How is the rain water drain managed? CLEANED ………… TIMES A YEAR 1 REMAINS ACCUMULATED, NO CLEANING IS DONE 2

SECTION FOUR: SOLID WASTE MANAGEMENT

4.1 Are there solid waste disposal bins in this tol? Yes 1 No 2 4.2 Who is responsible for solid waste management in this Tol? MUNICIPALITY 1 PRIVATE ORGANIZATIONS 2 LOCAL COMMUNITY/CLUBS 3 OTHERS, SPECIFY 4 4.3 What is the state of the solid waste collection bins in your Tol? GOOD WELL MAINTAINED 1 AVERAGE 2 POOR 3 VERY POOR 4 THEY DO NOT EXIST 99

SECTION FIVE: ROADS AND TRANSPORT

5.1 Most of the streets in the ward are…. PAVED METALLED 1 Gravell 2 PAVED BRICKS 3 UNPAVED 4 TA 7182 – NEP B -7 Final Report, vol.6

5.2 What type of road/s do people of this ward/tol need, if any? CONCRETE /BLACK TOPPED 1 URBAN-RURAL LINK ROAD 2 FOOT PATH ON EXISTING ROADS 3 OTHER, SPECIFY 4 DON'T KNOW 5

5.3 Is public transport available If yes, in/near this Tol? 5.4 Is the public transport easy to find?

PUBLIC TRANSPORT MODE EASY TO FIND ONLY 1 What modes are they? Yes 1 No 2 AT SOME TIMES OF THE DAY 2 DIFFICULT TO FIND 3 1. AUTO RICKSHAW/ TEMPO 2. CYCLE RICKSHAW 3.TEMPO 4. BUS 5. TAXI

5.5 Are there streetlights in the Tol? Yes , working 1 No 2 Yes but not working 3 5.6 Is there a park in this ward ? Yes, specify 1 No 2 5.7 Is there a playground in this ward? Yes, specify 1 No 2

TA 7182 – NEP B -8 Final Report, vol.6

SECTION SIX: ACCESS TO FACILITIES What mode of transport do people use to get to: (Read out the facility list) CODE LIST OF FACILITIES 6.1 What is the mode of 6.2 How long does it take to reach OF transport? the FACILITY FOOT (WITHOUT LOAD) 1 Closest ……………….. (FACILITY) BICYCLE 2 from MOTORCYCLE 3 The center of the Tol CAR/BUS 4 FOOT/VEHICLE 5 NOT APPLICABLE 6 FACILITY (go to next facility) DAYS 1 HOURS 2 MINUTES 3 Rikshwa 7

1 POST OFFICE 2 TELEPHONE SERVICE (STD BOOTH) 3 BUS STOP 4 BANK BRANCH OFFICE 5 SHOPPING CENTER 6 VEGETABLE MARKET 7. SCHOOL – PRIMARY SECONDARY OTHER 8 MEDICAL FACILITY: CLINIC HOSPITAL

SECTION SEVEN : MARKETS LOCAL SHOPS AND MARKET SUPERVISOR: ASK ABOUT LOCAL MARKETS WHERE HOUSEHOLDS IN THE TOL NORMALLY GO TO BUY SUPPLIES 7.1 How far are the markets, (veg and kitchen supply market, for example) from the center of the ward? Hours minutes

Distance (km)

(IF MARKETS ARE LOCATED WITHIN THE TOL, WRITE ZERO)

TA 7182 – NEP B -9 Final Report, vol.6

Index No Town Ward Tol

7.2 How many shops are there in the Tol? 1- 10 SHOPS 1 11- 20 SHOPS 2 MORE THAN 20 SHOPS 3 7.3 Are there vegetable market places at designated areas in this Tol? Yes 1 No 2

7.4 If not, where do people go for selling/buying farm products? LOCAL SHOPS 1 CITY FOOTPATHS 2 DOOR TO DOOR SALE/BUY 3 HAT BAZAR 4 THEY COMES AT HOME 5 7.5 Is there a haat bazaar (Informal-temporary market) situated in/near the Tol? YES 1 . NO 2

SECTION EIGHT : NEEDS/ PRIORITIZATION SUPERVISOR: (Please read out) We have covered water supply, sanitation, drainage, roads, transport, markets, social facilities. Based on the discussion, (and other infrastructure people want to be considered for their improved urban facilities) what are the three priorities people of this Tol would want to have? 8.1 Mark the following in order of priority Facilities Order of priority Water Supply Solid waste Toilets Sewerage Transport Markets Other (including schools, clinics, etc.)

8.2 Is there anything else that should be considered in this list of urban services?

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TA 7182 – NEP B -10 Final Report, vol.6 Thank you. This survey information will be used to update the periodic plan for your town and to improve urban services

TA 7182 – NEP B -11 Final Report, vol.6 Appendix C Summary of consultation and participation

Date Organisation Subject Discussed Consultation category 1 August 2 TDF TDF funding G August 11 TDF Financing Plan G August 12, MOLD municipality planning G August 12 MOPPW Project briefing G August 14 NWSC water supply in municipalities G August 14, MOLD municipal finance G August 20 Biratnagar Municipality Project introductory meeting. M August 12 UN-HABITAT UN-water projects N August 25 Birgunj Municipality Update on Municipal needs and concern M August 25 Thakur Ram Campus, TU, Survey assignments for UEIP-needs and G Birgunj procedures August 26 Lumanti, Birgunj Poverty related issues in Birgunj – N Possible collaboration with UEIP sub- projects Poverty profile of 5 wards , Poverty mapping August 27 UDLE, Kathmandu Poverty data for Biratnagar, Butwal other I information access August 25 Lumanti, Birgunj Poverty mapping N August 24 Birgunj Municipality GIS Database and poverty mapping M August 24 Birgunj Chamber of Commerce Public Private Participation G August 24 Birgunj Municipality Possible investments M August 25 Birgunj Municipality Possible investments M August 25 Biratnagar Sub Metropolitan Accessment of municipality projects M August 25 SEAM-N Accessment of municipality projects N,M August 25 UML-CPN Accessment of municipality projects P August 26 Biratnagar Sub Metropolitan Accessment of municipality projects M August 26 T.U. Accessment of municipality projects N August 27 Biratnagar Sub Metropolitan Accessment of municipality projects M

August 20 Butwal Municipality Introduction of Project, explanation of M potential projects August 23 TDF TDF Projects on Birgunj, Biratnagar & G Butwal August 25 TDF TDF Birgunj drainage project G August 26 Potential Projects in Birgunj G August 27 TDF Potential projects and coordination in G Birgunj, Biratnagar & Butwal August 30 Butwal Municipality About Community questionnaire M August 31 Butwal Municipality N August 31 Paribartan Nepal,Butwal Survey I September 1 PPP for Urban Development PPP's in urban context G September 1 TDF Joint meeting on project support I September 2 GTZ Capacity Development in municipalities M September 3 Birgunj Municipality Priority of the project of the M municipality(Birgunj),Ranking of the project project in order of priority for the ADB funding September 3 Kalaiya municipality,Birgunj Discussion focused on activities of M Municipality Kalaiya municipality, selection of the landfill site and cooperation with Birgunj municipality for the landfill site. September 4 MUAN Capacity Development in municipalities O

1 M=municipality officer,G=government officer,N=NGO,I=INGO,O=other agency,D=DUDBC,P=political party,C=chamber of commerce, COM.=Community TA 7182-NEP C-1 Final Report, Vol. 6

Date Organisation Subject Discussed Consultation category 1 September 4 DWSS Water sector in municipalities G September 4 DOR G September 7 ADB UEIP Mid term Report I September 7 WSTC Regulation G September 7-9 Social and Environmental Community survey N Development Organisation September 8 Nepal Planning commission Discussion on urban policy, G decentralization, subsidies, cost recovery September 8 Prayas Nepal,Biratnagar Administering community survey in time N September 10-12 Butwal municipality SWM, sewage treatment,regional SWM M concept Biratnagar Municipality Social Development plan in Biratnagar M September 10 current data on porverty September 11 Brihat Chisapani DW project, Drinking water supply system Com. Butwal September 14 Biratnagar Municipality Drainage & Road conditions and M priorities in Biratnagar September 14 SEDO Community questionnaire survey N program September 14 Birgunj municipality Birgunj municipality current community M development projects September 15 Biratnagar Municipality Solid waste management site, existing M drainage outfields and treatment needs in Biratnagar September 17 DUDBC Division office, Butwal Solid waste disposal sites D September 18 Butwal chamber of commerce Public private participation September 18 Butwal municipality Priorities for Butwal Municipality C infrastructure upgrading September 21-22 Biratnagar Municipality Structure, decision making, staff M workloads, planning processes September 22 Biratnagar Municipality staffing, involvement with municipality D September 22 Biratnagar Municipality Decision making ,commitment, P ownership September 22 Chamber of commerce Private sector perceptions/interest C September 22 SEAM-N Private sector perceptions/interest N September 22 DWSS Staffing,involvement with municipality G September 23 Tole committee Local projects needs,relationship with COM. municipality September 10-12 Birgunj Municipality Site visits for project formulation and M,G meetings with Officials in Birgunj Municipality, and Town Development Committee. September20-21 Butwal Municipality Site visits for project formulation and M,G,C meetings with Butwal Municipality, and Butwal Chamber of Commerce. October 4 Butwal municipality, NWSC,Tole Structure, decision making, staff COM. committee workloads, planning processes, PPP, Local involvement,resources,capacity etc. October 5 Biratnagar Municipality Administering FMA Questionnaire. M

October 5 Biratnagar Municipality Discussing community participation in M Biratnagar town. October 6 Biratnagar Municipality Site visits and discussing feasible M projects for Biratnagar town. October 6-7 Biratnagar municipality, Sub projects,Urban development plans, M,P DUDBC,Org. of industries,Org. site visits of Businessmen October 7 Biratnagar Divisional Office Discussion on the role of TDC and G DUDBC in Biratnagar. October 7 Biratnagar Municipality. Discussion on the revenue mobilization M for Biratnagar town. October 7 Biratnagar Municipality. Discussion on the project sub- M components for Biratnagar town. TA 7182-NEP C-2 Final Report, Vol. 6

Date Organisation Subject Discussed Consultation category 1 October 10 Nepal water and health Viability and process to 2009 ,sanitation N (NEWAH) in selected urban areas through community facilities, communal baths & toilet in squatter slum areas in towns October 13 SEAM-N Solid waste management system, landfill I Project,Dharan,Biratnagar site October 14 Biratnagar Municipality Sewage treatment site M October 14 SEAM-N-NMA Environmental Water and waste water monitoring and I laboratory,Biratnagar environmental research October 21 Ministry of Health and Health care waste management G Population October 21 Department of Health Health care management G October 21 Ministry of Industry Industrial affluent control G October 13 SEDO, Birgunj Poverty in slums,other slum issues N October 14 Lumanti,Birgunj Subsidized toilets and water cooperation N for poor October 14 Birgunj Municipality Upcoming workshop plan M drainage/sanitation October 14 Birgunj Municipality, political Slum priorities,survey focus for FGD, M,P,N parties,NGOs Poverty related issues October 15 TDF Slum/squatter,local water supply board G October 21 Ministry of Industry Industrial pollution control G October 21 Ministry of Environment Industrial pollution control G October 21 Biratnagar Municipality Revenue generating facilities/PPP M October 21 Department of Health Health care waste management G October 22 Butwal municipality Workshop G October 26 UEIP Review of UEIP October 26 Technical committee Make project more implementable G October 26 MLD Suggested mitigation on Executive G Officer turnover, management of regional solid waste facilities,Treatment of squatter settlements, Flexible arrangements October 26 Butwal engineers More footpaths and less roadwork M October 26 TDF TA for TDF G October 26 SWMRMC Technical back-up for solid waste G component,management of regional solid waste facilities

TA 7182-NEP C-3 Final Report, Vol. 6

Appendix D

Poverty Reduction operations for Butwal

1 The main outline of the operational modality for the implementation of the Poverty Reduction Strategy is as follows:

D.1 Baseline Survey 2 A baseline survey has been completed to determine the extent and incidence of poverty in Butwal. The poor shall be identified according to residence, employment and living conditions and presented in the form of poverty maps. The maps will enable the geographic incidence of the poor to be analysed as a first step toward PRS implementation.

D.2 Organisation 3 In line with policy number 4 of the Poverty Reduction Strategy, the following structures shall be created for implementation of the PRS: 2.1 TLOs 2.2 Affinity Groups 2.3 Poverty Reduction User’s Committees (PRUCs) 2.4 Butwal Neighbourhood Coordination Committee (BNCC)

2.1 Associations of the poor

2.2 Municipal structure and responsibility 4 The organizational structure for operations/implementation of the poverty reduction strategy should be such that:  The Planning and Technical Section will conduct infrastructure and physical works etc.  The Social Welfare Section will be responsible for social welfare activities and programmes.  A new Poverty Reduction Section, under the Community Development Division, will be responsible for:-  Economic initiatives (advice for saving and credit operations, income generation schemes, applications to the Economic Development Fund and related skill development programmes), and  Overall coordination of municipal activity for poverty reduction.

D.3 Social mobilization

3.1 Organization 5 Formation of the organizational structure outlined above is partially complete. Remaining tasks are:-  Adjustment to the number and size of TLOs • creation of additional TLOs where none exist,  Establishment of Affinity Groups where ever necessary, and • formation of PRUCs and the BNCC

3.2 Social Programmes 6 The PRUC will become the focal point for the community and main contact point for the TA 7182-NEP D - 1 Final Report, Vol. 6 selection, definition and implementation of the poverty strategy. 3.3 Savings and Credit The savings and credit schemes already in operation within the TLOs will continue. Some adjustments will be necessary if existing TLOs are subdivided. New schemes should be established in new TLOs and Affinity Groups. Operation of the schemes will continue unchanged. However, in the future the Partnership Development Committee (PDC), together with the Poverty Reduction Committee (PRC) may introduce a requirement that applicants for enterprise credit (from the Enterprise Development Fund) 7 Are expected to have saved sufficient funds to pay an equity contribution equal to 20 percent of the credit received - although this may be relaxed in the case of the extreme poor. The Poverty Reduction Section of the Community Development Division will supervise adjustment/creation of saving and credit schemes and assist in the applications for enterprise credit. 3.4 Local Area Plans The plan will be prepared at the community level (by the PRUC) and will take the form of a Local Area Plan the purpose of which is to:- 8 Enable the community to participate in the identification and prioritisation of projects and activities for the comprehensive development of the community with emphasis on projects and activities that will directly or indirectly assist the poor, and, 9 Provide an important input to the preparation of the ward budget.

D.4 Income generation

4.1 Economic Development 10 The municipality will complete the Economic Development Plan for Butwal. This will include suggested activities and programmes (by the municipality and others) to assist the creation of employment opportunities for the poor, either as paid employment or new business enterprises. Each PRUC will use the recommendations of the Economic Development Plan to prepare an Income Generation Action Plan (IGAP).

4.2 Skill Development 11 Skill development training will be closely linked to potentials identified in Income Generation Action Plans.

4.3 Enterprise Initiatives 12 Based on the conclusions of the Income Generation Action Plans, individuals and/or groups will prepare enterprise initiatives and apply for enterprise credit from the Enterprise Development Fund (EDF). Applications will be first discussed and agreed by TLOs or affinity groups, recommended by the PRUC and then forwarded for approval by the Partnership Development Committee (PDC) for disbursement from the EDF.

D.5 Environmental improvements

5.1 Identification of improvements (Local Area Plan) 13 The Local Area Plan provides an opportunity for residents to identify and prioritise improvements to their living conditions and the environment in general. Plan output will include prioritised list of projects or activities that rectify problems, prepared to a tentative design level and cost.

5.2 Community Contracts 14 Simple improvements, which do not involve highly skilled work, will be contracted to the community to construct.

TA 7182-NEP D - 2 Final Report, Vol. 6 D.6 Budgeting

6.1 Subsidies for Pro-Poor Projects and Activities 15 In recognition that the poor have limited ability to pay, while their needs may be high, the contribution from beneficiaries of pro-poor projects/activities will be between 10 percent and 45 percent as determined by the Poverty Reduction Committee. Of the total cost, the municipality will pay 45 percent, while the remainder (10 percent to 45 percent) will be financed as a grant subsidy from the Poverty Reduction Fund (PRF).

6.2 Annual Development Budget 16 Starting from financial year 2061/62 (2004/5), the annual development budget for each year will include an allocation (equal to 10 percent or more of the total actual capital expenditure in the previous year) to match disbursements from the Poverty Reduction Fund (PRF).

TA 7182-NEP D - 3 Final Report, Vol. 6 Appendix E Access to service in low income communities

1 The ADB loan and Grant policies require that in the proposed projects the needs and priorities of minority groups, vulnerable groups and the poor sections of the society be carefully and judiciously addressed while formulating the project. Equally important is to ensure public private partnership (PPP) in the project so that project benefits are equally shared by the cross section of people who are directly or indirectly affected by the proposed project. 2 The social and economic significance of the current (STIUEIP) project cannot be over emphasized. Developed mainly on the strength of development of physical structure such as drainage, solid waste management, roads and public spaces, the project social component is a liability of the project as a whole. There are, for example, 13 to 25 per cent of poor people living in the project municipalities. The figures include the growing, and in some cases fluctuating number of slum and squatter populations. As bona fide residents of the municipality they have right to have adequate and proper access to the facilities municipalities are providing. This is in theory. In practice, the realities are different. The very low income population of the city, the dalits, slum squatter dwellers and vulnerable group in most cases do not enjoy basic municipal services such as drinking water, access to drainage and sanitation solid waste management and roads. 3 First of all, it is undesirable to see that the project towns ranking high to middle among the municipalities outside the capital, Kathmandu lack adequate urban services. Second, whatever, services are available there, they are limited to the towns upper and middle class population. Third, and the most significant factor in this regard is that the poor and vulnerable people lack these basic facilities and service even in situation where they live right next to the upper and middle class neighbors. The city administration which is largely run by the MLD appointed bureaucrats for the last nine years, has hardly been stable, functional, pro-development and pro-poor. In a situation like this, the voice of the poor, disadvantaged, women and minorities is hardly reflected in any development activities undertaken by the municipalities. 4 The data acquired through community questionnaire survey using local key informants and the focus Group Discussion conducted at the tol/cluster (e.g. Brt=114, Bir=95, But=73= 282) level suggest that there is growing urgency to address the pressing needs of the minority and disadvantaged population in line with the government periodic plans (esp. the Ninth, the Tenth and the Interim), the MDG and, in the present context, the ADB social policy. It is particularly relevant to ensure equitable distribution of the grant funded sub project components in the areas otherwise not covered by the municipalities in terms of providing equal access to urban facilities at a par with, for example, the commercial and the residential areas. It should be noted, however, that these settlement are not fully middle or upper class or far from the poverty-stricken households like the Bhagawati (Gosain Community) tol in Birgunj. There are Muslim and other minorities/dalit households in the core city area of Biratnagar and Butwal as well. This is the section of the town population the proposed project cannot afford to ignore while formulating the project. 5 The data presented in Appendix F use the computer software SPSS and were derived from the community Questionnaire administered in the three Project Towns in October 2009. A separate section of the final report describes in detail the objective, the relevance and the coverage of issues relevant to the TA Project. The data presented in Appendix F have been cross-tabulated and analyzed to see the correlation between caste/ethnicity, and status of SWM, Drainage and Roads/Paths and suggest equitable distribution of grant to uplift the status of poor, slum/squatter dwellers, women and the vulnerable groups.

TA 7182 NEP E -1 Final Report, Vol. 6 Appendix F Caste and religious group

Population Cast Total population Nepal Biratnagar Birgunj Butwal ranking In Nepal (%) (%) (%) (%) 1 Chhetri 3,593,496 15.80 8.61 4.52 14.28 2 Brahmin(hill) 2,896,477 12.74 18.58 8.53 28.37 3 Magar 1,622,421 7.14 0.46 - 22.91 4 Tharu 1,533,879 6.75 3.25 2.12 1.28 5 Tamang 1,282,304 5.64 0.32 0.86 0.48 6 Newar 1,245,232 5.48 8.17 6.50 11.04 7 Muslim 971,056 4.27 11.40 20.36 0.67 8 Kami 895,954 3.94 0.46 - 3.67 9 Yadav 895,423 3.94 2.08 3.17 0.38 10 Rai (Kirat) 635,151 2.79 1.04 0.26 11 Gurung 543,571 2.39 0.37 0.36 6.06 12 Damai 390,305 1.72 0.51 0.10 2.78 13 Limbu (kirat) 359,379 1.58 0.25 0.10 - 14 Thakuri 334,120 1.47 0.11 0.67 - 15 Sarki 318,989 1.40 0.09 0.23 0.77 16 Teli 304,536 1.34 8.24 2.86 - 17 Chammar/Harijanam/Ram 269,661 1.19 0.18 0.96 - 18 Koiri 251,274 1.11 0.19 2.03 - 19 Kurmi 212,842 0.94 1.13 6.85 - 20 Sanyasi 199,127 0.88 0.44 0.82 - 21 Dhanuk 188,150 0.83 1.96 1.54 - 22 Musahar 172,434 0.76 0.11 - - 23 Dusadh/Paswan/Pasi 158,525 0.70 0.18 0.81 - 24 Sherpa 154,622 0.68 0.02 0.02 - 25 Sonar 145,088 0.64 0.37 - - 26 Kewat 136,953 0.60 1.02 0.19 - 27 Brahmin (Tarai) 134,486 0.59 1.34 - - 28 Baniya 126,971 0.56 3.37 3.84 - 29 Gharti 117,568 0.52 0.18 0.04 - 30 Mallah 115,986 0.51 0.64 0.59 - 31 Kalwar 115,606 0.51 0.65 5.28 - 32 Kumal 99,389 0.44 0.02 - - 33 Thakur/Hajam 98,169 0.43 - 1.13 - 34 Kanu 95,826 0.42 0.02 8.54 - 35 Rajbansi 95,812 0.42 1.55 0.01 - 36 Sunuwar 95,254 0.42 0.05 0.09 - 37 Swdi 89,846 0.40 1.39 - 38 Lohar 82,637 0.36 0.90 0.94 - 39 Tatma 76,512 0.34 0.02 0.69 - 40 Khatwe 74,972 0.33 0.14 - - 41 Dhobi 73,413 0.32 1.52 0.44 - 42 Majhi 72,614 0.32 0.51 0.07 -

TA 7182 NEP F-1 Final Report, Vol. 6 43 Nooniya 66,873 0.29 0.12 - - 44 Kumhar 54,413 0.24 - 0.50 - 45 Danuwar 53,229 0.23 - 0.04 - 46 Chapang/Praja 52,237 0.23 0.02 0.00 - 47 Haluwai 50,583 0.22 0.97 0.24 - 48 Rajput 48,454 0.21 0.71 - - 49 Kayastha 46,071 0.20 2.51 3.80 - 50 Badhai 45,975 0.20 - 1.58 - 51 Marwadi 43,971 0.19 6.49 5.18 0.13 52 Santal/Satar 42,698 0.19 0.02 0.01 - 53 Jhangad/ Dhangad 41,764 0.18 - - - 54 Batar 35,839 0.16 - - - 55 Barai 35,434 0.16 0.18 0.04 - 56 Kahar 34,531 0.15 0.04 0.28 - 57 Gangai 31,318 0.14 0.71 0.01 - 58 Lodh 24,738 0.11 - - - 59 Rajbhar 24,263 0.11 - 0.05 - 60 Thami 22,999 0.10 - - - 61 Dhimal 19,537 0.09 - 0.01 - 62 Bhote 19,261 0.08 0.39 0.23 -- 63 Bwing/Binda 18,720 0.08 - 0.18 - 64 Gaderi/Bhodari 17,729 0.08 0.05 0.05 - 65 Nurang 17,522 0.08 - - - 66 Yakha 17,003 0.07 - 0.00 - 67 Darai 14,859 0.07 - 0.00 - 68 Tajpuria 13,250 0.06 0.04 - - 69 Thakali 12,973 0.06 - 0.01 1.08 70 Chidimar 12,296 0.05 - 0.18 - 71 Pahari 11,505 0.05 - - - 72 Mali 11,390 0.05 - 0.18 - 73 Bangali 9,860 0.04 0.39 0.27 - 74 Chhantel 9,814 0.04 - - - 75 Dom 8,931 0.04 0.12 0.43 - 76 Kamar 8,761 0.04 - 0.05 - 77 Bote 7,969 0.04 - - - 78 Baramu 7,383 0.03 - - - 79 Gaine 5,887 0.03 - - -

80 Jirel 5,316 0.02 - - - 81 Aadibasi/Janajati 5,259 0.02 - 0.00 - 82 Dura 5,169 0.02 - - - 83 Churaute 4,893 0.02 - 0.00 - 84 Badi 4,442 0.02 - - - 85 Meche 3,763 0.02 - - - 86 Lepcha 3,660 0.02 - - - 87 Halkhor 3,621 0.02 - 0.87 - 88 Sikh 3,054 0.01 - - - 89 Kisan 2,876 0.01 - - - 90 Raji 2,399 0.01 - - - 91 Byansi 2,103 0.01 0.04 - - 92 Hau 1,821 0.01 - - -

TA 7182 NEP F-2 Final Report, Vol. 6 93 Koche 1,429 0.01 - - - 94 Dhunniya 1,231 0.01 - 0.01 - 95 Walwng 1,148 0.01 - - - 96 Jain 1,025 0.00 0.30 0.04 - 97 Munda 660 0.00 - - - 98 Raute 658 0.00 - - - 99 Hyalmo 579 0.00 - - - 100 Patharkatta/Kusbadia 552 0.00 - - - 101 Kusunda 164 0.00 - - - 102 Manjabi - - - 0.08 - 103 Santal/Satar - - - - - 104 Gupta - - - - 1.15 105 Jalandhar - - - - 0.03 106 Khadgi - - - 0.26 107 Others Dalit 173,401 0.76 - 0.22 4.72 108 Unspecified 231,641 1.02 1.80 - - Total 22,736,934 100.00 100.00 100.00 100

TA 7182 NEP F-3 Final Report, Vol. 6 Appendix G Maps

1 Biratnagar: location map

2 Biratnagar: poverty and poverty related program

3 Biratnagar: slum and squatter

4 Birgunj: location map

5 Birgunj: poverty and poverty related program

6 Birgunj: slum and squatter

7 Butwal: location map

8 Butwal: poverty and poverty related program

9 Butwal: slum and squatter

10 Butwal municipality: slum and squatters

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TA 7182-NEP G - 10 Final Report, Vol. 6

Appendix H City Coordination Committee Document

TA 7182 – NEP H -1 Draft Final Report, Vol. 6 Final Report, vol.6

TA 7182 – NEP H -2 Draft Final Report, Vol. 6 Final Report, vol.6

TA 7182 – NEP H -3 Draft Final Report, Vol. 6 Final Report, vol.6

TA 7182 – NEP H -4 Draft Final Report, Vol. 6 Final Report, vol.6