41220-013: Integrated Natural Resources and Environmental

Indigenous Peoples Plan

April 2020

PHI: Integrated Natural Resources and Environmental Management Project

Subproject: Improvement of Anag to Talifugo Farm- to-Market Road, Conner, Apayao

Prepared by the Municipality of Conner, Province of Apayao for the Asian Development Bank.

i CURRENCY EQUIVALENTS (as of 16 March 2020) Currency unit – peso (PhP) PhP1.00 = $0.01941 $1.00 = PhP 51.5175

This Indigenous Peoples Plan is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature.

In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area.

ii CURRENCY EQUIVALENTS (as of 16 March 2020) Currency unit – peso (PhP) PhP1.00 = $0.01941 $1.00 = PhP 51.5175

ABBREVIATIONS

ADB − Asian Development Bank ADSDPP − Ancestral Domains Sustainable Development and Protection Plan BDC − barangay development council BPMET − Barangay Participatory Monitoring and Evaluation Team CADT − certificate of ancestral domain title COE − council of elders CP − certificate of precondition DA − Department of Agriculture DENR − Department of Environment and Natural Resources GRC − grievance redress council GRM − grievance redress mechanism FPIC − free, prior and informed consent ICC − indigenous cultural communities INREMP − Integrated Natural Resources and Environment Management Project IP − indigenous people IPP − indigenous peoples plan IPRA − indigenous peoples rights act LGU − Local Government Unit ME − municipal engineer MLGU − Municipal Local Government Unit MOA − memorandum of agreement MPDC − Municipal Planning and Development Coordinator MPDO − Municipal Planning and Development Office NCIP − National Commission on Indigenous Peoples NPCO − National Project Coordinating Office PPCO − Provincial Planning and Coordinating Officer PPIP − participatory project investment plan PPMO − Public Procurement Monitoring Office RHO − Regional Hearing Officer RPCO − Regional Project Coordinating Office RPMO − Regional Project Management Office SPMU − Sub-Project Management Unit

iii TABLE OF CONTENTS

I. EXECUTIVE SUMMARY ...... 1 II. INREMP AND SUBPROJECT DESCRIPTION...... 2 III. SOCIAL IMPACT ASSESSMENT ...... 6 A. Relevant Legal and Institutional Framework Applicable to the Indigenous Peoples ...... 6 1. Philippine Constitution of 1987 ...... 6 2. Indigenous Peoples Rights Act of 1997 (RA 8371)...... 6 3. NCIP Administrative Order No. 3, Series of 2012 ...... 7 4. DENR-NCIP Memorandum of Agreement and Implementing Guidelines ...... 7 5. Basic Principles of ADB Safeguard Policy, 2009 ...... 7 B. Brief Description about the Indigenous Peoples in the Subproject Site ...... 9 1. Population ...... 9 2. Population Density ...... 10 3. Ethnicity and Cultural Practices ...... 10 4. Education ...... 11 5. Means of Livelihood and Income ...... 11 6. Poverty ...... 11 7. Living Conditions ...... 12 C. Key Subproject Stakeholders ...... 12 D. Gender Sensitive Assessment of IP Perceptions ...... 12 E. Anticipated Positive and Negative Impacts of the Project and Corresponding Enhancing and Mitigating Measures ...... 13 IV. INFORMATION DISCLOSURE. CONSULTATION, AND PARTICIPATION ...... 13 A. Consultation and Participation ...... 13 B. Information Disclosure ...... 16 V. BENEFICIAL AND MITIGATIVE MEASURES ...... 16 VI. CAPACITY BUILDING ...... 17 VII. GRIEVANCE REDRESS MECHANISM...... 18 VIII. MONITORING, REPORTING AND EVALUATION ...... 19 A. Internal Monitoring ...... 19 B. External Monitoring...... 20 C. Reporting ...... 20 IX. INSTITUTIONAL ARRANGEMENT ...... 20 X. BUDGET AND FINANCING ...... 23 Appendix 1: NCIP certification ...... Error! Bookmark not defined. Appendix 2: Minutes of Meeting, Attendance Sheet and Pictures ...... Error! Bookmark not defined. Appendix 3: Photo Documentation of the Community Consultation ..... Error! Bookmark not defined. Appendix 4: Minutes and Attendance of Barangay Orientation conducted on November 6, 2018 ...... Error! Bookmark not defined. Appendix 5: Photo Documentation of Barangay Orientation (November 6, 2018) ...... Error! Bookmark not defined. Appendix 6: Post Activity Report: Validation of Proposed Subproject .. Error! Bookmark not defined. Appendix 7: Internal Monitoring Indicators ...... 24 Appendix 8: External Monitoring Indicators ...... 25 Appendix 9: Executive Order Organizing The Subproject Management Unit ...... Error! Bookmark not defined.

v LIST OF TABLES

Table 1: Number of Households in Talifugo by Ethnic Group ...... 9 Table 2. Increase in the Population of Barangay Talifugo, 1990-2015 ...... 10 Table 3. Number of Participants in the Community Consultations during the IPP Preparation ...14 Table 4: Summary of Stakeholder Views of the Road Rehabilitation in Talifugo, Conner ...... 15 Table 5: Anticipated Beneficial and Negative Impacts to the IPs ...... 16 Table 6: Budgetary Details of the IP Plan ...... 23

LIST OF FIGURES

Figure 1: Location of the proposed road access improvement subproject in Barangay Talifugo, Conner, Apayao ...... 3 Figure 2: Existing conditions of the proposed subproject at Barangay Talifugo, Conner...... 5

GLOSSARY

Affected – Means any person or persons, household, firm, private or public institution person (AP) that, on account of changes resulting from the Project, will have its (i) standard of living adversely affected; (ii) right, title or interest in any house, land (including residential, commercial, agricultural, forest, salt mining and/or grazing land), water resources or any other moveable or fixed assets acquired, possessed, restricted or otherwise adversely affected, in full or in part, permanently or temporarily; and/or (iii) business, occupation, place of work or residence or habitat adversely affected, with or without displacement. In the case of a household, the term AP includes all members residing under one roof and operating as a single economic unit, who are adversely affected by the project or any of its outputs.

Ancestral – Refers to all areas generally belonging to Indigenous Cultural Community/ Domain Indigenous Peoples (ICCs/IPs) comprising lands, inland waters, coastal areas, and natural resources therein, held under a claim of ownership, occupied or possessed by ICCs/IPs, themselves or through their ancestors, communally or individually since time immemorial, continuously to the present except when interrupted by war, force majeure or displacement by force, deceit, stealth or as a consequence of government projects or any other voluntary dealings entered into by government and private individuals, corporations, and which are necessary to ensure their economic, social, and cultural welfare. It includes land, forests, pasture, residential, agricultural, and other lands individually owned whether in alienable and disposable or otherwise, hunting grounds, burial grounds, worship areas, bodies of water, mineral and other natural resources, and lands which may no longer be exclusively occupied by ICCs/IPs but from which they traditionally had access to for their subsistence and traditional activities, particularly the home ranges of ICCs/IPs who are still nomadic and/or who practice shifting cultivation. (Adopted from R.A. 8371 (Indigenous Peoples Rights’ Act - IPRA))

Ancestral – The ADSDPP is a long-term community-based, comprehensive plan that Domain contains the ICCs/IPs’ collective vision, mission, general objectives, long- Sustainable term goals, and priority concerns. The ADSDPP contains a list of Development development plans and projects that is used as reference in determining the and fit between a proposed infrastructure project and the long-term development Protection goals and priority concerns of the affected ICC/IP. Often interchanged with Plan the Indigenous Peoples Plan (IPP), but where ADSDPP is all encompassing, (ADSDPP) planning for IPP is limited to the ADB investment/project/ subproject.

Ancestral – Refers to land occupied, possessed and utilized by individuals, families and Lands clans who are members of the ICCs/IPs since time immemorial, by themselves or through their predecessors-in-interest, under claims of individual or traditional group ownership, continuously, to the present except when interrupted by war, force majeure or displacement by force, deceit, stealth, or as a consequence of government projects and other voluntary

vii dealings entered into by government and private individuals/corporations, including, but not limited to, residential lots, rice terraces or paddies, private forests, farms and tree lots. (Adopted from R.A. 8371)

Certification – It is a document issued by the NCIP attesting that the applicant or project Precondition proponent has complied with the requirements for securing the consent of affected ICCs/IPs in accordance to the Free, Prior and Informed Consent Guidelines of 2006. Customary – It refers to a body of written and/or unwritten rules, usages, customs and Law practices traditionally and continually recognized, accepted, and observed by the IPs.

Free and Prior – The consensus of all members of the affected IP group is to be determined Informed in accordance with their respective customary laws and practices, free from Consent any external manipulation, interference and coercion, and obtained after fully disclosing the intent and scope of the activity, in a language and process understandable and appropriate to the community. Broad community support may exist even if some individuals or groups object to the project.

Indigenous – Refers to a group of people or homogenous societies identified by self- Peoples ascription and ascription by other, who have continuously lived as organized community on communally bounded and defined territory, and who have, under claims of ownership since time immemorial, occupied, possessed customs, tradition and other distinctive cultural traits, or who have, through resistance to political, social and cultural inroads of colonization, non- indigenous religions and culture, became historically differentiated from the majority of Filipinos. ICCs/IPs shall likewise include peoples who are regarded as indigenous on account of their descent from the populations which inhabited the country, at the time of conquest or colonization, or at the time of inroads of non-indigenous religions or cultures, or the establishment of present state boundaries, who retain some or all of their own social, economic, cultural and political institutions, but who may have been displaced from their traditional domains or who may have resettled outside their ancestral domains. (Adopted from R.A. 8371)

Meaningful – A process that (i) begins early in the project preparation stage and is carried consultation out on an ongoing basis throughout the project cycle; (ii) provides timely disclosure of relevant and adequate information that is understandable and readily accessible to affected people; (iii) is undertaken in an atmosphere free of intimidation or coercion; (iv) is gender inclusive and responsive, and tailored to the needs of disadvantaged and vulnerable groups; and (v) enables the incorporation of all relevant views of affected people and other stakeholders into decision making, such as project design, mitigation measures, the sharing of development benefits and opportunities, and implementation issues.

viii I. EXECUTIVE SUMMARY

1. This Indigenous Peoples Plan (IPP) intends to address the indigenous peoples’ (IPs) concerns/ issues on the proposed Improvement of Anag to Talifugo Farm to Market Road(FMR) at Barangay Talifugo, Municipality of Conner, Province of Apayao. As one of the projects under the Integrated Natural Resources and Environmental Management Project (INREMP), the subproject will improve the 1.76 kilometers FMR with a design width of 6 meters including the 3.0 meters carriage way, 1 m shoulder, and 0.50 m curb and gutter. The subproject will be implemented by the Local Government Unit (LGU) of Conner with an estimated amount of PhP 8,800,000 for 61 calendar days.

2. The LGU of Conner has requested a variation order to change quantities and the introduction of new items of work due to additional protection and improvement of the subproject. The increased structural excavation and stone masonry volumes will provide enough protection on loose slope landslide and slope collapse within the section. Additional new items are the embankment from burrow pit, and the installation of 12” diameter pipe culvert and storm drain. The variation of works has no involuntary resettlement impacts since it will not deviate its original road alignment.

3. The variation order is a 7.73% increase amounting to PhP 671,656.00. Additional days considering works within the critical path will be 24 calendar days with a revised contract duration of 85 calendar days.

4. The proposed subproject is considered within the traditional territory of the indigenous people known as the Isneg who the main beneficiaries of this subproject. They are about 45% of the total 1,106 beneficiaries.

5. The subproject is classified as Category B for IPs based on the ADB Safeguard Policy Statement (SPS) 2009, given that the subproject has limited negative and positive impacts on the Isneg ethnic group that will be affected.

6. Two community consultations were conducted by the LGU of Conner and DA-INREMP in the preparation of the IPP on 22 January 2018 and 6 November 2018. The consultations provided a venue for the discussion of the background of the project, the project scope of work, the importance of the community consent, and barangay participatory monitoring and evaluation team, discussion of the ADB Safeguard Policy Statement, social and environmental safeguards, the role of the community in the implementation of the project and compliance to free prior and informed consent. A total of 69 community members (33 males, 36 females), majority of whom are IPs, attended both consultations.

7. In both consultations, the IP community expressed support to the subproject implementation and look forward to the completion.

8. The subproject will improve the living standards of the people and to expand the benefits or improve the agricultural lands in the area. Specifically, the subproject will provide a better access and shorten the travel time of farmers and fast-track the delivery of farm inputs and farm products.

9. There was no significant negative impact identified during the consultations. However, the IP community raised a concern related to the entry of migrant workers for employment opportunities. It may affect the community through behavioral acts of the workers being in the

area until construction lasts. As a mitigating measure, the contractor must consider hiring of workers from the subproject area.

10. Considering that majority of the beneficiaries are IPs and the subproject is located within the ancestral domain claim of the Isneg ethnic group, the grievance redress mechanism will follow the traditional dispute resolution process. This will be reiterated to the community that will be affected by the subproject implementation by way of IEC to ensure that complaints that may arise from the community will be appropriately addressed.

11. The implementation of the IPP will be internally monitored by the LGU Sub Project Management Unit (SPMU) and externally by an external monitoring agency (EMA). A semi- annual internal monitoring report will be submitted by the SPMU to DA-INREMP and DENR- NPCO. EMA will submit an external SMR to the DA-INREMP and DENR-NPCO. DENR-NPCO, in turn, will submit these SMRs to ADB for review and disclosure.

12. The capacity-building initiative will consist of activities that include the sensitization about the impact on IPs of development projects, awareness about their issues, comprehensive orientation on indigenous peoples’ concerns in development, the relevant safeguards instruments and mechanisms, as well as the specific issues of indigenous peoples in the province. The training that will be developed and delivered will be held collectively for the tribe or barangay at a time and place chosen by the participants and in cognizance of their traditional and customary processes. The LGU of Conner allocated funds to support capacity building activities under this IPP as detailed in Chapter X.

13. The estimated budget for the implementation of the IPP is PhP 187,050 and will be covered by the DA-INREMP.

II. INREMP AND SUBPROJECT DESCRIPTION

1. The INREMP, implemented by DENR with funding from Asian Development Bank (ADB), International Fund for Agricultural Development (IFAD), and Climate Change Fund (CCF), addresses the unsustainable watershed management in four (4) priority river basins: (i) the Chico Upper River Basin in the Cordillera Administrative Region, Northern Luzon; (ii) the Wahig–Inabanga River Basin on the island of Bohol in Region 7; (iii) the Lake Lanao River Basin in the province of Lanao del Sur in the Autonomous Region of Muslim Mindanao; and (iv) the Bukidnon Upper River Basin in Bukidnon and Misamis Oriental provinces in Northern Mindanao (Region 10).

2. The INREMP has four (4) outputs namely: (i) River basin and watershed management and investment plans established; (ii) Smallholder and institutional investments in conservation increased and URB productivity enhanced in the forestry, agriculture and rural sectors; (iii) River basin and watershed management capacity and related governance mechanisms strengthened; and (iv) Project management and support services delivered.

3. Under Output 2, the LGU of Conner, Apayao has proposed the subproject - the Improvement of Anag to Talifugo FMR at Barangay Talifugo, Conner, Apayao (Figure 1). The total length to be concreted will be 1.76 kilometers with a thickness of 0.23 meters and width of 6 meters including the 3.0 meters carriage way, 1 m shoulder, and 0.50 m curb and gutter. The

2 subproject will be implemented by the Local Government Unit (LGU) of Conner with an estimated amount of PhP 8,800,000 for the duration of 61 calendar days.

4. The LGU of Conner has requested a variation order to change quantities and the introduction of new items of work due to additional protection and improvement of the subproject. The increased structural excavation and stone masonry will provide enough protection on loose slope landslide and slope collapse within the section. Additional new items are the embankment from burrow pit, and the installation of 12” diameter pipe culvert and storm drain.

5. The variation order is a 7.73% increase amounting to PhP 671,656.00. Additional days considering works within the critical path will be 24 calendar days with a revised contract duration of 85 calendar days.

6. The area that will benefit from the proposed road improvement covers 3,707 hectares of farmland dedicated to the production of rice, corn, vegetables, and legumes. Aside from farming, the people in the area also engage in livestock and poultry raising. However, agricultural activities are limited due to poor road access. Manual hauling of agricultural products is done during harvest time. Trucks are unable to enter the barangay during rainy season due to the presence of mud along the road. Because of this situation, the hauling cost in the barangay is expensive thus reducing the income gained from agricultural production. Moreover, when the agricultural products reach the market, they are no longer fresh because of the travel delays and thus are sold at a lower price. It is imperative therefore to improve the existing road so that it may bring about progress in the community.

Figure 1: Location of the proposed road access improvement subproject in Barangay Talifugo, Conner, Apayao

7. Barangay Talifugo is considered as traditional territory of the indigenous people in the area. However, there is no formal title that has been issued by the National Commission on Indigenous Peoples (NCIP) to recognize this native title. In lieu thereof, an alternative certification is released on July 23, 2018 by the NCIP Regional office certifying that the barangay is included in the Ancestral Domain of the Isneg of the Barren Region based on the initial field evaluation of the personnel of NCIP Apayao (Appendix 1).

8. The proposed rural infrastructure subproject was jointly identified and validated by the LGU of Conner, Department of Agriculture (DA), Department of Environment and Natural Resources (DENR) and its consultant. The LGU also created the Subproject Management Unit (SPMU) as required by INREMP to handle and perform all the activities under the implementation of the proposal. It will be composed of several LGU division heads, especially the Municipal Planning and Development Coordinator (MPDC) and the Municipal Engineer (ME).

9. The improvement of Anag-Talifugo FMR is one of the priorities of the barangay based on the Barangay Development Plan. The Sangguniang Bayan of Conner has endorsed this proposed subproject through a formal resolution.

10. The Operation and Maintenance of the subproject will be implemented by the Municipal Engineering Office (MEO) based on the Operation and Maintenance Plan and its budget. It will be directly supervised by the Municipal Engineer together with the involvement of the barangay. A team will be organized by the barangay for the implementation of the maintenance. The team will be composed of direct subproject beneficiaries and concerned purok leaders.

11. At present, the road condition of Anag to Talifugo is described to be poorly inaccessible to fairly accessible depending on the various sections of the road (Figure 2). Vehicles could hardly traverse the said road during the rainy season. The Anag-Talifugo road is the only road linking the various sitios of the barangay with the center of the municipality. It is also the only access road that is used children coming from various sitios whenever they go to school at the barangay center, no matter how muddy or dusty the road may be. The proposed rehabilitation of the road only entails concreting and will not require involuntary resettlement.

12. The farmers of Talifugo had long suffered from the bad condition of the road. Farm inputs have become expensive due to excessive hauling costs. Pupils and students complain about the dust and mud on their way to schools. Senior citizens, pregnant mothers, and children have to exercise extra caution when traversing the road, especially during rainy days.

13. The existing road is quite difficult to traverse during rainy season because it tends to be muddy and slippery while it becomes dusty during dry season. This dire situation has brought about the proposal to rehabilitate and improve the road as it is the only access linking the community to the national highway and market centers. Local farmers want to ease the burden in bringing their crops out of the barangay to the market centers of the municipality. The proposed subproject will increase their profit from agricultural production and contribute drastically to their household incomes. The beneficiaries of this subproject, in general, will be all of the residents of the barangay. The community residents want to pursue the road improvement as soon as possible so as to address the current issues and needs of the barangay. This aspiration of the community is expressed through their barangay resolution.

14. Generally, the subproject aims to improve the living standards of the people and to expand the benefits or improvement of the agricultural lands in the area. The road rehabilitation

4 will help improve the economic condition of affected farmers at the same time targets to maximize the uses of the rest of production area in addition to the benefits it will provide to students, senior citizens, women and children, and to the community as a whole.

15. Specifically, the improvement of the FMR will: a. Decrease the cost of hauling from Php50 per kilogram to Php30 per kilogram; b. Provide a better access and shorten the travel time of farmers; c. Fast-track the delivery of farm inputs and farm products; d. Augment the farmers’ income; and e. Contribute to the progress and development of the municipality through improving the living standards of the people, expanding the benefits or improvement of the agricultural lands in the area, and increase productivity and profit.

Station 0+000

Station 0+189 Station 1+040 Figure 2: Existing conditions of the proposed subproject at Barangay Talifugo, Conner

III. SOCIAL IMPACT ASSESSMENT

16. In accordance to the Philippine law and ADB policy on IP’s safeguards, all proposed projects must undergo the procedures required in social impact assessment. This is to ensure that IPs will benefit from a project, and that adverse impacts from the project will be avoided, or where this is not possible, can be mitigated and compensated for. Looking at the Philippine history, the indigenous communities including the original settlers in the country were deprived of their rights and displaced since the colonization. Many forms of injustices such discrimination, marginalization, and oppression of the IPs continued even after the colonial rule. The injustices to the IPs pushed them to resist against the projects that were supposed to benefit them. With that, the rights of the IPs were recognized through the passage of the Indigenous Peoples Rights Act (IPRA).

A. Relevant Legal and Institutional Framework Applicable to the Indigenous Peoples

17. The ADB, the Philippine Government, and project proponents shall recognize the vital role of indigenous peoples (IPs) as autonomous partners in development and shall fully support the development and empowerment of IP and their associations in order to pursue and protect their legitimate and collective interests and aspirations. Thus, all subproject implementers should recognize, protect, and promote the rights of IPs and establish culturally appropriate subproject implementing mechanisms.

1. Philippine Constitution of 1987

18. Under the Constitution of the Philippines, a number of articles have been included for the protection of the Indigenous Cultural Communities (ICCs) in particular. These are: a. Article II of Section 22 recognizes and promotes the rights of indigenous cultural communities within the framework of national unity and development. b. Article XII of Section 5 empowers the State, subject to the provisions of this Constitution and national development policies and programs, shall protect the rights of indigenous cultural communities to their ancestral lands to ensure their economic, social, and cultural well-being. c. Article XIII of Section 6 confers the State shall apply the principles of agrarian reform or stewardship, whenever applicable in accordance with law, in the disposition or utilization of other natural resources, including lands of the public domain under lease or concession suitable to agriculture, subject to prior rights, homestead rights of small settlers, and the rights of indigenous communities to their ancestral lands. d. Article XIV of Section 2(4) encourages non-formal, informal, and indigenous learning systems, as well as self-learning, independent, and out-of-school study programs particularly those that respond to community needs. e. Article XIV of Section 17 stipulates that the State shall recognize, respect, and protect the rights of indigenous cultural communities to preserve and develop their cultures, traditions, and institutions. It shall consider these rights in the formulation of national plans and policies. f. Article XVI of Section 12 empowers the Congress to create a consultative body to advise the President on policies affecting indigenous cultural communities, the majority of the members of which shall come from such communities.

2. Indigenous Peoples Rights Act of 1997 (RA 8371)

19. The Indigenous Peoples (IP) in the Philippines remain as the most marginalized sector of society. This status continues despite the tremendous in footpaths achieved by communities,

6 partners and advocates through years of struggle. In 1997, as a result of vigilance and the sustained advocacy of the IP sector and its partners, the Indigenous Peoples Rights Act (IPRA) was enacted. This provided venues and legal backbone for the recognition of the Traditional Rights of communities over their ancestral domain.

20. The IPRA provides for the recognition of the traditional rights of IPs over their ancestral domains through the issuance of Certificates of Ancestral Domain Titles (CADT). It recognizes the rights of ICCs to define their development priorities through their own Ancestral Domain Sustainable Development and Protection Plan (ADSDPP) and exercise management and utilize the natural resources within their traditional territories.

3. NCIP Administrative Order No. 3, Series of 2012

21. The NCIP AO 3 underscores the policy of the state that no concession, license, permit or lease or undertaking affecting ancestral domains will be granted or renewed without going through the free, prior and informed consent (FPIC) process, which is needed in the issuance of a Certification Precondition by the NCIP.

4. DENR-NCIP Memorandum of Agreement and Implementing Guidelines

22. The DENR and NCIP entered into a Memorandum of Agreement (MOA) for the implementation of INREMP to ensure that provisions of the NCIP Administrative Order No. 3, Series of 2012 or the Revised Guidelines on FPIC and Related Processes of 2012, are fully considered and complied.

23. Meanwhile, the Implementing Guidelines on the MOA between DENR and NCIP for the Implementation of the INREMP in Municipalities with IP communities was promulgated with the following objectives: a. Establish a common understanding and framework for the operationalization of the MOA between DENR and NCIP for the implementation of the INREMP in areas with IP communities; b. Set the requirements and procedures in ensuring compliance to NCIP Administrative Order No. 3, Series of 2012 or the Revised Guidelines on FPIC and Related Processes of 2012; c. Provide and ensure compliance with the procedure and the standards in the conduct of the required validation process; and d. Protect the rights of the ICCs/ IPs in the introduction and implementation of plans, programs, projects, activities and other undertakings that will affect them and their ancestral domains to ensure their economic, social and cultural well-being.

5. Basic Principles of ADB Safeguard Policy, 2009

24. The ADB Policy on Safeguards for IPs recognizes the right of IPs to direct the course of their own development. IP are defined in different countries in various ways. For operational purpose, the term IP is used to refer to a distinct, vulnerable, social and cultural group with following characteristics: a. Self-identification as members of a distinct indigenous cultural group and recognition of this community by others; b. Collective attachment to geographically distinct habitats or ancestral territories in the project area and to the natural resources in the habitats; c. Customary, cultural, economic, social or political institutions that are separate from those of dominant society and culture; and

d. A distinct language, often different from the official language of the country or region.

25. According to the ADB policy, IP safeguards are triggered if a project directly or indirectly affects the dignity, human rights, livelihood systems or culture of Indigenous people or affects the territories, natural or cultural resources that IP own, use, occupy or claim as their ancestral property.

26. The SPS sets out the following principles for IP safeguards in all the projects in which ADB is involved: a. Screen early on to determine (i) whether IPs are present in, or have collective attachment to, the project area; and (ii) whether project impacts on IPs are likely. b. Undertake a culturally appropriate and gender-sensitive social impact assessment or use similar methods to assess potential project impacts, both positive and adverse, on IP communities. Give full consideration to options the affected IPs prefer in relation to the provision of project benefits and the design of mitigation measures. Identify social and economic benefits for affected IPs that are culturally appropriate and gender and inter-generationally inclusive and develop measures to avoid, minimize, and/or mitigate adverse impacts on IPs. c. Undertake meaningful consultations with affected IPs communities and concerned IP organizations to solicit their participation (i) in designing, implementing, and monitoring measures to avoid adverse impacts or, when avoidance is not possible, to minimize, mitigate, or compensate for such effects; and (ii) in tailoring project benefits for affected IP communities in a culturally appropriate manner. To enhance IPs’ active participation, projects affecting them will provide for culturally appropriate and gender inclusive capacity development. Establish a culturally appropriate and gender inclusive grievance mechanism to receive and facilitate resolution of the IPs’ concerns. d. Ascertain the consent of affected IP communities to the following project activities: (i) commercial development of the cultural resources and knowledge of IPs; (ii) physical displacement from traditional or customary lands; and (iii) commercial development of natural resources within customary lands under use that would impact the livelihoods or the cultural, ceremonial, or spiritual uses that define the identity and community of IPs. For the purposes of policy application, the consent of affected IP communities refers to a collective expression by the affected IP communities, through individuals and/or their recognized representatives, of broad community support for such project activities. Broad community support may exist even if some individuals or groups object to the project activities. e. Avoid, to the maximum extent possible, any restricted access to and physical displacement from protected areas and natural resources. Where avoidance is not possible, ensure that the affected IP communities participate in the design, implementation, and monitoring and evaluation of management arrangements for such areas and natural resources and that their benefits are equitably shared. f. Prepare an IPP that is based on the social impact assessment with the assistance of qualified and experienced experts and that draw on indigenous knowledge and participation by the affected IP communities. The IPP includes a framework for continued consultation with the affected IP communities during project implementation; specifies measures to ensure that IPs receive culturally appropriate benefits; identifies measures to avoid, minimize, mitigate, or compensate for any adverse project impacts; and includes culturally appropriate grievance procedures,

monitoring and evaluation arrangements, and a budget and time-bound actions for implementing the planned measures. g. Disclose a draft IPP, including documentation of the consultation process and the results of the social impact assessment in a timely manner, before project appraisal, in an accessible place and in a form and language(s) understandable to affected IP communities and other stakeholders. The final IPP and its updates will also be disclosed to the affected IP communities and other stakeholders. h. Prepare an action plan for legal recognition of customary rights to lands and territories or ancestral domains when the project involves (i) activities that are contingent on establishing legally recognized rights to lands and territories that IPs have traditionally owned or customarily used or occupied, or (ii) involuntary acquisition of such lands. i. Monitor implementation of the IPP using qualified and experienced experts; adopt a participatory monitoring approach, wherever possible; and assess whether the IPP’s objective and desired outcome have been achieved, considering the baseline conditions and the results of IPP monitoring. Disclose monitoring reports.

B. Brief Description about the Indigenous Peoples in the Subproject Site

27. The section describes the general socio-economic profiles of the IP community in the subproject area. The information was collected from the 2014 survey data from the NCIP.

28. To ensure that a baseline data of the IPs are obtained to be able to monitor and evaluate if all the impacts by the subproject are effectively managed, a data gathering and household survey on the IPs will be conducted before monitoring. Similarly, the LGU will gather available baseline information from the Municipal Social Welfare and Development Office (MSWDO), Municipal Health Office (MHO), NCIP Offices.

1. Population

29. The 2014 survey data from the NCIP shows that the Isneg households comprise 45% of the number of households in the barangay. Aside from the Isneg, there are other ethnolinguistic groups that have settled in the barangay, but all of these groups are migrants to the area. These migrant groups include the Ilocano (the second biggest ethnolinguistic group in the barangay, comprising 36.88% of the population), the Malaueg (comprising 0.76%), and Tagalog (comprising 0.38%). The remaining 17.49% come from several other ethnolinguistic groups, namely the Bago, Bicolano, Ibaloy, Ibanag, Ifugao, Itawes, Kalinga, Kankanaey, Tinguian, and Visayan. It is interesting to note that these various ethnolinguistic groups live harmoniously with each other in the barangay.

Table 1: Number of Households in Talifugo by Ethnic Group Ethnic Group Number of Households % Distribution Isneg 117 44.49 Ilocano 97 36.88 Malaueg 2 0.76 Tagalog 1 0.38 Others 46 17.490 Total 263 100.00

30. Based on the 2015 Census of Population and Housing, Barangay Talifugo has a total population of 1,106 and a total of 255 households. There has been a steady increase in the barangay’s population from 1990 until 2015.

Table 2. Increase in the Population of Barangay Talifugo, 1990-2015 Census Year Population Growth Rate 1990 535 -- 1995 571 1.23% 2000 795 7.35% 2007 867 1.20% 2010 972 4.25% 2015 1,106 2.49% Source: Ethnic groups from SEP and NCIP, 2014. Take note that there is a discrepancy in the number of households as reported by NCIP (2014) and the PSA (2015).

31. In terms of age, the age group with the highest population in Talifugo covers the ages 5 to 9, with 129 individuals. On the other hand, the age group with the lowest population is 75 to 79, with six individuals. Combining age groups together, those aged 14 and below, consisting of the young dependent population, make up an aggregate of 31.92% of the barangay population. Those aged 15 up to 64, roughly the economically active population, constitute a total of 63.7% of the population. Finally, senior citizens, aged 65 and over, total 4.61% of the population. Computing the age dependency ratios, there are 50 youth dependents to every 100 of the working age population; there are 7 aged/senior citizens for every 100 of the working population; and overall, there are 58 dependents (young and old-age) to every 100 of the working population.

2. Population Density

32. Barangay Talifugo is sparsely populated. The Barangay has a population density of 0.27 persons per hectare.

3. Ethnicity and Cultural Practices

33. The Isneg is one of the major ethnolinguistic groups of the Cordillera Administrative Region, together with the Bontok, Ibaloy, Ifugao, Kalinga, Kalanguya, and Kankanaey. The Isnegs are commonly found in the northern and western portions of Apayao Province but there are several of them also found in the bordering areas of the Provinces of Cagayan and Ilocos Norte. Their language is also known as Isnag, which is part of the Northern Cordilleran languages of the Western Malayo-Polynesian subfamily of languages. The Isnegs of Barangay Talifugo speak a particular dialect of the Isnag language called Tawini, which is spoken in the barangays of Talifugo and Ripang (Old Poblacion). This dialect has 89% intelligibility with the Dibagat dialect and 71% intelligibility with Ilocano language. Majority of Isnegs are bilingual, i.e. they use both the Isnag language and Ilocano.

34. Traditionally, the Isnegs are animists, i.e. they do not have a concept of God but believe in the presence of ancestral spirits and nature spirits. The Isnegs believe in the sacredness of nature such as boulders, balete trees, creeks, and forests. For them, the movement found in nature, such as the balsit (chirping of the birds), dogs, and other beasts signifies bad or good omens. To counter a bad omen, the sumang ritual is performed where ceremonial foods, such as meat and glutinous or non-glutinous rice, is offered to the animal carrying the omen.

Although many among the Isnegs have already been Christianized, they have adopted a syncretic form of religion, i.e. combining Christian beliefs with animist practices.

4. Education

35. Barangay Talifugo is covered under the Northern Conner District of the Department of Education. Talifugo Elementary School is situated in the area which has 8 classrooms and a 1- room daycare center.

36. Secondary level schools are also present in the different regions of Conner. Four high schools are in Barren, two are in Nabuangan and others are located in Calaoan Region. These are all government-owned schools. The Conner Central National High School has an annex located at Barangay Talifugo. This secondary school caters to students coming from Barangays Talifugo and Manag.

37. The Apayao State College is the only tertiary level learning institution in the municipality of Conner. It is located in Barangay Malama and provides education to students coming from Conner as well as from the Municipalies of Kabugao (also in Apayao), and Tuao and Rizal of Cagayan Province. It also offers graduate courses such as Master of Arts in Education and Master of Arts in Public Administration.

5. Means of Livelihood and Income

38. 11.48% of the total area of Conner is under cultivation/agricultural areas. Agriculture also serves as the main livelihood of the population and most of its inhabitants are employed in the agricultural workforce. Rice, corn, and bananas are the main products of the people supplemented by the seasonal production of coffee, beans, and other vegetable crops.

39. A survey of 202 households in Barangay Talifugo showed that majority of the population, whether IPs or non-IPs, have annual incomes Php 3,000.00 and below. The household income is derived mainly from agricultural livelihood in the area. Most of the household’s expenditures are devoted to the education expenses of the family, which includes the payment of school fees, transportation expenses of schoolchildren, as well as their meal allowances. This is because the people of Talifugo believe that getting quality education for their children will eventually provide them economic and social mobility.

40. The indigenous people and farmers of Talifugo are hopeful that their household income will increase once the existing Anag to Talifugo road is rehabilitated thereby making it easier for them to sell their agricultural products to the market. At the moment, the farm produce of Talifugo residents are bought and sold at the Conner Public Market. Once the Anag-Talifugo road is improved, there is an option for Talifugo farmers to sell their produce elsewhere aside from the public market.

6. Poverty

41. Based on the 2015 poverty statistics of the Cordillera Administrative Region as a whole, an individual needed a minimum monthly average income of Php 1,836 to be able to meet both basic food and non-food needs. The average annual income in Barangay Talifugo is Php 3,000. This means that the average monthly income of households in the barangay is only Php 250. This means that majority of the residents of Talifugo are living below the poverty threshold. This is the reason why the people in the area look to the rehabilitation of the Anag to Talifugo farm-

11 to-market road as they believe that this subproject will contribute to the economic upliftment of the community.

7. Living Conditions

42. Conner is a third-class municipality. As such, the living conditions in Barangay Talifugo are modest, reflective of a typical rural barangay in a third class municipality. In a 2010 survey of National Anti-Poverty Commission (NAPC) beneficiaries of Talifugo, it was revealed that only 36% of the respondents can afford to eat a balanced diet containing carbohydrates, protein, vitamins, and minerals. To cope with the scarcity of rice during the rainy season, 92% of the respondents substitute rice with some root crops. Only 36% of the respondents had enough vegetables for family consumption as they primarily sell their vegetables to the market in order to obtain cash. The most common causes of morbidity in the community are acute respiratory infection, asthma, and malaria.

C. Key Subproject Stakeholders

43. The key project stakeholders are as follows: • IPs living in the barangay; • DENR, as the executing agency of the INREMP; • DA-INREMP, as the implementing agency of rural infrastructure subprojects under the INREMP; • NPCO who shall oversee all safeguards compliance and provide technical support in the preparation and implementation of the IPP; • Municipal LGU of Conner as the implementing agency of the subproject; • BLGU of Talifugo and the SPMU – that support the IPP implementation under the guidance of Municipal LGU of Conner; • Council of Elders (COE) that looks after the welfare of the tribe and its members; and • NCIP - the primary agency in regulation and support of the IPs in the area. • Contractors which are private and independent companies contracted to implement the road improvement subproject are also stakeholders.

44. The consultations which involved the key stakeholders are discussed in the succeeding sections.

D. Gender Sensitive Assessment of IP Perceptions

45. The participation of women will be sustained through the subproject implementation. Local employment that will be needed during the implementation will be available for both men and women in the subproject area.

46. Women have also been involved in the preparation of the subproject documents, initial environmental examination, IPP preparation, and other planning and consultation activities. During the preparation of the IPP, women participated in the consultation meetings and expressed support and benefits of the project. The women are also involved in the documentation process.

47. It was made sure that the perceptions of both women and men were captured in the stakeholder consultations. During the January 23, 2018 public consultation, more women (18) than men (9) attended the meeting. During the November 26, 2018 consultation meeting, 18

women and 24 men were present. The issues raised by the women during these meeting were almost the same with those of the men. However, the women were more concerned about the safety of their children when using the Anag-Talifugo road during the rainy season since the road becomes slippery and their children may experience accidents. On the other hand, during the dry season, the road gets too dusty and therefore also posing a health problem for their children because of the fugitive dust. INREMP project implementers assured those present in the consultation meetings that their concerns will be addressed by the subproject. Moreover, they assured those present during the consultations that both women and men will be hired in the construction of the road subproject as well as during periodic monitoring and evaluation.

E. Anticipated Positive and Negative Impacts of the Project and Corresponding Enhancing and Mitigating Measures

48. The rehabilitation project aims to provide positive impacts to IPs in the community. They are considered the primary and major beneficiaries of the project.

49. The implementation of the proposed subproject will have anticipated positive and negative impacts to the indigenous people beneficiaries as follows;

Anticipated Positive Impacts of the Project 50. In the meeting/ public consultation conducted on January 22, 2018, the beneficiaries which consisted of a mixture of farmers and indigenous peoples, identified the beneficial impacts of the proposed rehabilitation of the Anag to Talifugo Farm to Market Road access road. These are as follows: • Improved accessibility • Faster delivery of harvested crops • Reduced operating expenses of vehicle used • Increase in production profit • Livelihood improvement in the area

Anticipated Negative Impacts of the Project 51. Negative impacts may arise due to entry of migrant workers for employment opportunities because of the implementation process. It may affect the community through behavioral acts of the workers being in the area until construction lasts. As one of the mitigating measures, it is advised that the contractor will hire workers from the project location area.

IV. INFORMATION DISCLOSURE. CONSULTATION, AND PARTICIPATION

A. Consultation and Participation

52. The key stakeholders of the Anag to Talifugo farm-to-market road subproject are the indigenous peoples (Isnegs) in the area, the barangay residents of Talifugo, the LGU of Conner and Barangay Talifugo, the DA, and DENR. The LGU of Conner, as the lead proponent of this subproject, has conducted two public consultations with barangay-based stakeholders. The first public consultation was held on January 23, 2018 and was attended by 27 individual stakeholders while the second public consultation was held on November 26, 2018 and was attended by 42 individual stakeholders. Both consultation meetings were held at the Talifugo

Barangay Hall. The stakeholders who attended the meeting were those whose houses and properties were adjacent to the Anag-Talifugo road.

53. Table 3 presents location, time, number of participants of each public consultation meeting. The table below shows the number of consultation participants in the IPP preparation.

Table 3. Number of Participants in the Community Consultations during the IPP Preparation

Date of Consultation and Venue Total Males Females Consultation January 23, Talifugo Barangay Hall 27 9 18 2018 • Project fund source and LGU fund counterpart, • Beneficiaries, • Menu list based on Program of Works for the subproject, • Subproject selection criteria, and • Implementing agencies and implementing process November Talifugo Barangay Hall 42 24 18 26, 2018 • DA-INREMP background and pre-implementation process • Social and Environmental Safeguards • Project Engineering Designs • Barangay Participatory Monitoring and Evaluation Team • Free and Prior Informed Consent (FPIC) • Resolution of Consent from the Community

54. A public consultation was conducted in barangay Talifugo on January 22, 2018 for the INREMP-Rural Infrastructure (Appendix 2 and 3). The following topics were discussed: • Project fund source and LGU fund counterpart, • Beneficiaries, • Menu list based on Program of Works for the subproject, • Subproject selection criteria, and • Implementing agencies and implementing process

55. Another barangay orientation was conducted on November 6, 2018 at the barangay hall (Appendix 4 and 5). Additional topics discussed during the barangay orientation are the following: a. DA-INREMP background and pre-implementation process b. Social and Environmental Safeguards c. Project Engineering Designs d. Barangay Participatory Monitoring and Evaluation Team e. Free and Prior Informed Consent (FPIC) f. Resolution of Consent from the Community

56. The community consultations confirmed the support of the IPs to the subproject implementation and provided venue for them to identify the benefits and possible negative impacts of the subproject. The table below summarizes the discussions in the two (2) consultations.

Table 4: Summary of Stakeholder Views of the Road Rehabilitation in Talifugo, Conner Key Issue How the Opinions, Concerns and Suggestions have been Addressed Benefits from the The following are the responses of the participants when asked what road rehabilitation benefits they’re expecting to gain from the subproject: expressed by on- • decrease the cost of hauling site and off-site • provide a better access and shorten the travel time of farmers. stakeholders • fast track the delivery of farm inputs and farm productions. • increase productivity and profit in agriculture and thus improve the living standards of people especially the farmers Pre- construction • No issues were identified in this phase. phase issues The contractor may • During the discussion for the implementation process, engr. accidentally spill clarified the significance of the proper use of different equipment diesel in nearby lots which may affect the environment. Thus, careful handling of the while refueling their equipment and tools must be considered during the road heavy vehicles. rehabilitation. Proper waste disposal is also discussed as a vital part of the process. • It shall be monitored by the MLGU and BLGU

Adverse Impacts of • No issues were identified in this phase the subproject to the livelihood of IPs Concrete/ cement • MLGU and BLGU shall monitor the proper handling of cement improper handling during the implementation. Concrete shall be without box culvert and bridges. Widening shall be two lanes but only one lane will be concreted. Contractor washing • No issues were identified in this phase their equipment on • Again, engr. clarified the significance of the proper use of the nearby water different equipment which may affect the environment. This will surface. be monitored by the MLGU and BLGU. Improper waste • No issues were identified in this phase disposal on the road as there will be increase of people passing by

Possible increase of • Road signage on rehabilitation shall be put up during the vehicles utilizing the implementation of the subproject road, that may • No issues were raised during the consultation regarding the result to incidence increase of vehicles utilizing the road after rehabilitation because vehicle riders may increase

Key Issue How the Opinions, Concerns and Suggestions have been Addressed their speed since the road would already be in a good condition. Adverse impacts of • No negative impacts were raised the subproject to • No concerns regarding the cutting of trees, air and noise the environment pollution, contamination of nearby bodies of water and impacts on biodiversity were raised impact mitigation • Aside from the anticipated benefits and negative impacts of the measures subproject and its corresponding mitigations mentioned on the previous table, other issues and measures are all captured on the Environmental Impact Mitigation Plan of Talifugo, Conner.

B. Information Disclosure

57. The final IPP, its revision, if any, internal and external monitoring reports monitoring will be submitted to ADB for posting on their website, DENR-Forest Management Bureau (FMB), DA, the Municipality of Conner and the subproject barangay offices, the PENRO, and DENR regional office will make the documents in the indigenous language available to the public. The documents shall be posted in accessible public places such as barangay halls, DENR regional office and tribal halls. In case the documents are lengthy, copies of the documents will be provided to tribal leaders.

V. BENEFICIAL AND MITIGATIVE MEASURES

58. The table below presents the subproject impacts and corresponding enhancing and mitigative measures identified by the beneficiaries during the consultation.

Table 5: Anticipated Beneficial and Negative Impacts to the IPs Subproject Impacts Enhancement of Mitigative Measures Beneficial Impacts Road enhancement shall be implemented to Improved road accessibility sustain better accessibility Road enhancement shall be implemented to Faster delivery of harvested crops sustain better accessibility Road enhancement shall be implemented to Reduced operating expenses for vehicles sustain better accessibility Financial training shall be part of the capacity Increase in production profit building Livelihood improvement in the area Trainings on livelihood programs Negative Impacts Entry of migrant workers Hire workers within the community Source: Public consultation conducted on January 22, 2018

VI. CAPACITY BUILDING

59. Based on the community consultations conducted, training interventions are needed to ensure that the IP community beneficiaries, barangay and Municipal LGUs are knowledgeable and equipped with the appropriate information and skills to be able to execute their roles in the implementation of the project. The capacity building initiatives for the community are outlined with respect to all affected IPs including women and youth. These trainings are meant to be held collectively for a tribe or barangay at a time and place chosen by the participants and would be specifically customized for each target participant. The skills training modules should be in their vernacular language.

60. The results of the community consultations with IPs indicate that training on project monitoring and evaluation, grievance redress mechanism, and gender dimension are expected by the IPs.

61. Such skills development trainings and workshops shall be conducted under the supervision of the LGU of Conner and social safeguards experts. Environmental safeguards experts shall also be invited if necessary. Project output and benefits, most especially to the IPs, shall be highlighted and discussed during the workshops. The orientation program will comprise sessions on development of the human capital especially women and youth groups by acclimatizing them to the oncoming opportunities, enhancing traditional and other learned skills and empowering them in a socio-culturally beneficial and appropriate manner.

62. Such training will also be conducted according to the vernacular language of the participants and their chosen venue for activity conduct. As such, the training will be conducted per tribe within Barangay Talifugo.

63. The INREMP will also provide training that will not only enhance the skills of the proponent LGU, POs and the community but will also provide them know-how on the guidelines set forth by ADB and best practices on Infrastructure subproject implementation. Among the trainings that will be provided by the subproject are as follows: a) Orientation and Workshop on the Preparation of SPD b) Procurement Training and Workshop on the Preparation of Bidding Document c) Construction Supervision and Financial Management Training d) Operation, Maintenance and Sustainability Training

64. Part of the community’s capacity building is the organization of a team of community volunteers who will undertake the monitoring of project implementation in the community. This team of volunteers will be given proper and ample training, not only in monitoring but in report preparation as well. They will also be provided with proper monitoring tools and protective personal equipment to use during monitoring activities. These volunteers can use the skills they will learn from the Project in future projects implemented in the barangay.

65. The DA-INREMP has allocated the amount of PhP 187,050 for the implementation of the IPP including the interventions such as mitigation measures and capacity building initiatives. The details of this proposed budget is provided in Chapter X of this IPP

VII. GRIEVANCE REDRESS MECHANISM

66. Since, the community consultations were conducted smoothly and no adverse or violent reactions have been noted, there are only minor grievances that are anticipated which may arise. This are listed below:

Road accessibility related grievances – This may include complaints from communities using the roads under repair or construction due to temporary obstruction, which may cause delay in travel time and other inconveniences of the travelling public.

Construction related grievances – Community members may demand to be hired as part of the labor force in the project construction/implementation. This may also include complaints of community members regarding noise, drainage, and etc.

Indigenous Peoples related grievances – may come from IPs residing within the influences areas concerned with potential effects to ecological and social resources of their area/abode.

67. If case grievances and disputes do arise, there are existing groups in the area which can be tapped to form part of the GRM. In fact, different active groups exist in the area such as the Barangay Development Council (BDC) with its Lupon which is mainly in-charge of settling disputes related to barangay administration and the IP Chieftain and IP Mandatory Representative, which also takes care of resolving disputes relating to the Indigenous People residing in the barangay.

68. A subproject-specific grievance redress mechanism will be established at the RPMO to receive, evaluate and facilitate the complaints/grievances of affected persons on the subproject’s environmental performance. This mechanism will be disclosed to the host communities before start of civil works.

69. The grievance redress committee (GRC) will be chaired by the Regional Project Management Office (RPMO) head. Members will include the following: (i) designated GRM officer of RPMO, (ii) contractor’s highest official at the site such as the Construction Manager or the Construction Superintendent; (iii) barangay chairperson. For the quick filing of complaints, the GRC will use the attached grievance intake form. The RPMO’s GRM officer will be responsible for registration of grievances and communication with the aggrieved party.

70. The steps to be followed in filing complaints and the procedures for redress are the following: • Complainant will provide the background and file the complaint verbally or in writing to the RPMO, and the RPMO’s GRM officer will assist the complainant in filling-up the grievance intake form; • Within 2 working days, the GRM Officer, contractor’s representative and complainant will discuss if the complaint can be resolved without calling for a GRC meeting; • Within 3 days of lodging the complaint, of lodging the complaint, the RPMO’s GRM officer will provide the complainant a written feedback on the process, steps and timeframe for resolving the complaint; • If the complaint cannot be resolved, a GRC meeting with the complainant will be called within 5 working days; • The GRC will have 15 working days to resolve the complaint;

• The complainant will receive feedback from the RPMO’s GRM officer within 5 working days after the various steps of the GRM are completed; and • If unsatisfied with the decision, the existence of the GRC will not impede the complainant’s access to the Government’s judicial, administrative remedies or through concerned government agencies (e.g., Community Environment and Natural Resources Office and Provincial Environment and Natural Resources Office of DENR, Regional offices of the Environmental Management Bureau, etc.) • The GRC will receive, follow-up and prepare monthly reports regarding all complaints, disputes or questions received about the project and corresponding action taken to resolve the issues. These reports will be included in the semi- annual environmental monitoring reports to be submitted to ADB.

Grievance among IPs 71. Giving primacy to the traditional conflict resolution system, grievances will be handled following the procedure outlined below. In resolving disputes among the indigenous peoples, the determination or decision is usually reached through dialogue and consensus. There may be several conflict resolution sessions according to the specific tribe’s customary laws before the dispute may be resolve. Thus, there is no clear definite timeline on when the conflict or dispute should be settled at the level of the clan and the Council of Elders.

72. Dispute/grievance will be resolved first among the members of the clan;

73. If the said grievance/dispute is not resolved at the clan level, this will be brought to the level of the Council of Elders (COE); and

74. If still unresolved at the COE level, the said dispute/grievance will be submitted to the NCIP Regional Hearing Officer (RHO), for resolution where the decision will be final and executor. The dispute/grievance will be heard and adjudicated in accordance with the Rules on Pleadings, Practice and Procedures before the NCIP.

VIII. MONITORING, REPORTING AND EVALUATION

75. The implementation of the IPP will be monitored to (i) ensure that mitigation measures designed to address adverse social impacts and measures to enhance positive impacts are adequate and effective; (ii) determine if there are any issues and concerns of the IP communities regarding the subproject implementation; (iii) propose corrective actions when needed and (iv) determine the benefits of the subprojects

A. Internal Monitoring

76. The DA-INREMP through the PSO will set up an internal monitoring system comprising of an IP Safeguard Officer, IP community and the affected IPs through their respective tribe and any other social institutions to monitor the IPP implementation. For daily monitoring of the IPP implementation, the PSO will engage a dedicated person at community level, who will interact closely with the IP households, and tribe on a priority basis. The focal person will also disclose the subproject-related information to the IP households. Also, the IP safeguard officer will observe the construction progress at the construction site and make plans of implementing the mitigation measures and enhancement measures as agreed in the IPP. The social safeguards

specialist will provide guidance to the PSO, IP safeguard officer to carry out the tasks. Periodic internal monitoring reports will be prepared by IP Safeguard Officer.

77. Regarding the involvement of the IP community in the monitoring of the IPP implementation, a BPMET has been established for each barangay during the community consultations. The BPMETs are composed of both male and female volunteers. The BPMETs have a responsibility in monitoring, evaluation and reporting of all subproject activities implementation including the IPP implementation and civil construction works. The BPMETs will be trained by the PSO who will work in close association with the community group and give necessary feedback to support internal daily monitoring and supervision of the subproject construction and IP activities with the support of the PMIC.

78. Internal monitoring indicators of the IPP implementation are outlined in Appendix 7.

B. External Monitoring

79. An external monitoring agency (EMA) will be engaged by the DENR for INREMP. The EMA will be either a qualified individual or a consultancy firm with qualified and experienced staff. Activities to be undertaken by the EMA are as follows: • conduct a socio-economic baseline survey; • verify results of internal monitoring; • verify and assess the results of the subproject Information, Education and Communication (IEC) for IPs and non-IPs; • assess efficiency, effectiveness, impact and sustainability of the IPP implementation; • suggest modification in the implementation procedures of the IPP if necessary, to achieve the principles and objectives of the INREMP IPPF; and • review of the handling of compliance and grievances cases.

80. Indicators for external monitoring of the RP implementation are presented in Appendix 8.

C. Reporting 81. The Municipal LGUs will submit quarterly progress reports to PSO of the DA-INREMP and DENR. The NPCO will consolidate all reports from the project municipalities and prepare internal semi-annual SMRs for submission to the ADB. The EMA will submit semi-annual social safeguards monitoring reports (SMR) to the DENR and DA-INREMP and the DENR through the NPCO will be responsible for submitting the reports to ADB for review and disclosure. Monitoring reports will be uploaded on the ADB and INREMP websites for disclosure.

IX. INSTITUTIONAL ARRANGEMENT

82. Department of Environment and Natural Resources (DENR) is the executing agency for the INREMP and DENR has full responsibility for Project administration and management. The NPCO has been established at the DENR Central office to oversee the Project implementation, including all safeguards compliance and technical support in the preparation and implementation of the IPP. The tasks of NPCO are to: • Coordinate with NCIP and field implementing units in the preparation, planning, and if needed, revision of the IPP;

• Monitor the IPP implementation and fund disbursement; • Address grievances filed at its offices by the IPs for conflict mediation if these are not resolved at the regional level; • With NCIP, amend or complement the IPP in case problems are identified during the internal and/or external monitoring of its implementation.

83. Department of Agriculture – INREMP (DA-INREMP) is the implementing agency of the Rural Infrastructure Subprojects under the INREMP in the Chico Upper River Basin. The PSO under the DA will have responsibility in the following tasks: • Supervise all the activities under the subproject, including the IP-related issues; • Conduct consultations with the IP community in coordination with DENR and Municipal LGU of Conner; and • Prepare progress reports to submit to the DA and DENR.

84. Municipal LGU of Conner is the implementing agency of the subproject. The Municipal LGU is responsible for the following tasks: • Ensure that sufficient funds are available to properly implement the IPP; • Ensure that subproject implementation complies with the ADB SPS 2009 and regulations of the Government and tribal groups; • Obtain necessary approval(s) from NCIP and/or other concerned government agencies prior to commencement of activities; • Ensure that tender and contract document for design, supervision and civil works include the relevant IPP requirements; • Conduct public consultation(s) and/or secure resolution(s) of support to ensure the acceptability of the subproject; • Facilitate resolution of affected peoples' concerns; • Monitor the implementation of the measures specified in the approved IPP; • Submit periodic reports of implementation progress to the DA-INREMP; and • Provide funds in capacity building needs identified to capacitate the IP stakeholders. 85. Subproject Management Unit (SPMU) was created by the Municipal LGU of Conner (see Appendix 9). It is composed of LGU division heads especially the Municipal Planning and Development Coordinator and the Municipal Engineer. The SPMU is responsible for the following tasks: • Prepare, implement and comply with the required social, technical and environmental safeguards, such as, but not limited to resettlement plan, acquisition of right of ways, environmental compliance certificate/ certificate of non-coverage to ensure the readiness of the subproject relative to these; • Incorporate social dimensions to the subproject design and implementation by conducting public consultation, information education and advocacy to the local development council and the communities; • Design and implement strategies and mechanisms to ensure sustainability of the subproject to include cost recovery, among others; • Ensure that IPP provisions are strictly implemented and monitored during the various project phases; and • Adopt monitoring and evaluation system to generate baseline data and to monitor and evaluate the benefits and impact of the subproject.

86. National Commission on Indigenous Peoples (NCIP) has responsibility to observe and comply with its duties and functions as follows:

• Protect and promote the interest and well-being of the IPs with regard to their beliefs, customs, tradition and institutions; • Issue appropriate certification as a pre-condition to the issuance of permits, leases, grants or any other similar authority for the disposition, utilization, management, and appropriation by any private individual, corporate entity or any government agency, corporation or subdivision thereof on any part or portion of ancestral domains taking into consideration the consensus approval of the IP concerned; • Exercise its authority to conduct visitation of the area relative to the applicant’s program in order to secure the conditions and well-being of the ICCs/IPs; and • Handle grievances of the IPs if the grievances are not resolved satisfactorily at the level of CoE.

87. The Safeguards Specialist of NPCO will assist and work closely with the NPCO, PSO and Municipal LGU of Conner as follows: • The assisting professional/safeguards specialist of NPCO will undertake the supervision and monitoring of the IPP implementation and contractor’s performance. • Closely supervise and monitor the contractor’s implementation of proposed measures specified in the IPP. • Assist the DA-INREMP/DENR in preparing semi-annual monitoring reports on the progress of the IPP implementation. • Facilitate capacity building needs identified to capacitate the IP stakeholders.

88. The Project Management Implementation Consultants (PMIC) will be engaged to assist and work closely with the NPCO, PSO and Municipal LGU of Conner on the various activities, including providing capacity to implement and monitor the IP activities.

89. The Barangay Participatory Monitoring and Evaluation Team (BPMETs) have been established to undertake the following tasks: • Monitor the performance of PO officers implementing subprojects; • Monitor the functionality of the association, and the financial aspect of the organization; • Document findings during the scheduled monitoring and evaluation of infrastructure subprojects; • Consolidate reports to the general assembly and to other stakeholders; • Submit reports of findings and recommendations to the Barangay Inspection Team, Municipal Management Group, and Provincial Management Group. The Barangay Development Council should be given a copy for information and guidance; • Monitor the implementation of the Participatory Project Investment Plans (PPIPs) and other plans agreed upon during meetings; • Obtain complete and updated copies of the barangay PPIP, documentation on all project work plans, activities, and programs including copies of performance and/or accomplishment reports; • Obtain copies of all contracts, bids, awards for projects/activities/ programs of the barangay in so far as these apply to DA-INREMP; • Obtain copies of all complaints, favorable reports of subproject activities; and • Obtain and maintain files and reports of the Provincial Planning Development Office – Bontoc, Barangay Development Council, participating line agencies, barangay POs, Council of Elders, and DA-INREMP beneficiaries.

X. BUDGET AND FINANCING

90. The total estimated cost for the IPP implementation is Php 187,050.00 including the cost for capacity building activities, cost for the implementation of the mitigation measures and enhancement measures and contingency cost. The estimated cost per activity is shown below which will be covered by the DA-INREMP.

Table 6: Budgetary Details of the IP Plan Activity Objective Target Timeline Estimated Budget To properly orient the Barangay As soon as 26,600.00 barangay of the beneficiary of proposed INREMP project the subproject subproject is including the funding (Whole approved for Barangay agencies, other community) consultation. Orientation involved government agencies and the proposed subproject for the area. To conduct a Barangay As soon as 24,200.00 consultation on the beneficiary of subproject is community’s the subproject approved for willingness to accept (Whole implementation. and support the community) subproject after a Community discussion on roles Consultation and responsibilities, social and environmental safeguards, guidelines and process to be followed, and subproject design. To capacitate a team Team of 4th quarter of 208 36,250.00 of volunteers to volunteers, Training on undertake monitoring Municipal and Participatory of project Barangay Monitoring and implementation and to Local Evaluation for organize and orient Government BPMET the team to undertake Unit Members monitoring of project implementation Skills training Provide additional Barangay 4th quarter of 100,000.00 for Barangay skills for target Development 2018 Development participants Council and Council and Council of Council of Elders Elders (Conflict management and strategic planning) Total: 187,050.00

Appendix 7: Internal Monitoring Indicators

Appendix 8: External Monitoring Indicators