Indigenous People Planning Document
Due Diligence Report
Loan Number: 2796 and Grant Number: 0267 NEP February 2012
Nepal: Decentralized Rural Infrastructure and Livelihood Project- Additional Financing
Pakarbas-Galpa Road Subproject Ramechhap
Prepared by the Government of Nepal
The Due Diligence Report 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. Government of Nepal Ministry of Federal Affairs and Local Development Office of District Development Committee, Ramechhap District Technical Office, Ramechhap District Project Office, Ramechhap
Decentralized Rural Infrastructure and Livelihood Project-Additional Financing (DRILP-AF)
Detailed Project Report Pakarbas-Galpa Road Sub Project
Section III: Safeguards Volume 3: Impact Screening Report on Indigenous Peoples
February 2013
TABLE OF CONTENT
Page No.
1. Project Background………………………………………………………………………. 1 2. Road Sub-project’s Background………………………………………………………. 1 3. Demographic information of ZOI……………………………………………………….. 2 4. Identification of IPs……………………………………………………………………….. 3 5. Sub-Project activity………………………………………………………………………. 4 6. Conclusion………………………………………………………………………………...... 4
ANNEXES
Annex 1: Indigenous People Screening checklist Annex 2: Meeting minute about consultation with stakeholders Annex 3: Certified letters from VDCs
Detail project Report Pakarbas-Galpa Road Sub-project, Ramechhap Section III, Volume 3 Impact Screening Report on Indigenous Peoples
1. PROJECT BACKGROUND
1. The Decentralized Rural Infrastructure and Livelihood Project-Additional Financing (DRILP AF) is an extension of DRILP. DRILP was an initiative of GoN and an ADB, SDC funded project to reduce rural poverty in 18 very poor remote hill and mountainous districts affected by the conflict. The project is implemented over 5 years; the duration is from January 2012 to December 2016. The project implementation is to achieve sustainable increased access to socio-economic services and enhance social and financial capital of the people, particularly poor and disadvantaged groups in previous conflict affected areas. The underpinning thrust of the Project is labor based equipment supported (LBES) in construction techniques to promote greater involvement of building groups (BGs) in construction activities which will boost local jobs. DRILP AF aims to reduce the poverty level in 18 project districts from 41 percent to 20 percent by employment generation of 4.7 million person days. The project design provides project districts select rural transport sub-projects that help to extend the district network of rural roads, trails and pedestrian bridges. The project objectives are achieved through a series of project activities that are broadly grouped into four components: (i) Community Development and Rural Livelihood Restoration; (ii) Capacity Building and Decentralized Governance; (iii) Rural Transport Infrastructure; and (iv) Project Management Services.
2. The Project Coordination Unit (PCU) of Department of Local Infrastructure Development and Agricultural Roads (DoLIDAR) is the project Executing Agency (EA) responsible for the overall project coordination, management and implementation. DDC/DTO/DPO is the Implementing Agencies (IA) responsible for subproject planning, design, and implementation. DDC is responsible not only for the implementation of the Project but it also to coordinate all activities related to resettlement and Indigenous People’s (IP’s) issues.
2. ROAD SUB-PROJECT’S BACKGROUND
3. Ramechhap is one of the project districts from Central Development Region of Nepal. The proposed Pakarbas - Galpa road is about 11.694 km in length. The section starts at Makadum VDC and ends at Galpa bazaar of Khadadevi VDC. The alignment passes through the Sahu tole, Budhathoki tole of Makadum VDC, Bohara tole and Chulthepani of Majhuwa VDC and Patle, Moktan, Lispati, Choprang and Galpa tole of Khadadevi VDC. It is a strategic link for northern and north-eastern parts of the Ramechhap connecting district head quarter, Manthali. Similarly, it is also an important link to the Sindhuli district via branch road to Khurkot and Nepalthok. 4. Local community has opportunity of direct employment generation from the road construction works. Project has set the target of 40 percent women involvement and proportionate representation from excluded groups in the BGs. This reflects the women and excluded group participation in decision making and benefit sharing process of the sub-projects (SPs). It further ensures their ownership of the SPs. Their participation and engagement in livelihood related skills trainings and other livelihood improvement activities will have significant impact on reducing poverty level in the SP areas. Project intends to provide benefits to 40
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Detail project Report Pakarbas-Galpa Road Sub-project, Ramechhap Section III, Volume 3 Impact Screening Report on Indigenous Peoples
percent women and 60 percent poor and excluded groups of potential beneficiaries of impact zone.
3. DEMOGRAPHIC INFORMATION OF ZOI
5. Makadum, Majhuwa and Khadadevi VDCs are situated along the road corridor. Moreover, only some wards of these VDCs lie in ZOI area. According to information collected from various sources, the population within ZOI along the road corridor is 6,465 (3,335 male and 3,130 female) and the total HHs are 955. The detail populations of VDCs along the SP ZOI areas are as mentioned in Table 1.1.
Table 1.1: Demographic structure of ZOI VDCs in Pakarbas-Galpa SP, Ramechhap Population breakdown by gender and Population caste wise by Gender B/C Janajati Dalit wise Wards Name of of ZOI Total B/C Janajati Dalit M F the VDC VDCs HH HH HH HH Population M F M F M F 670 590 Makadum 4,5,6,9 200 175 20 5 1260 555 505 95 55 20 30 380 385 Majhuwa 4,7 105 75 10 20 770 320 300 5 5 55 80 1775 1660 Khadadevi 1-3,7-9 520 50 435 35 3435 145 145 1525 1435 105 80 515 495 Dimipokhari 4,5 130 0 130 0 1010 0 0 515 495 0 0
Total 955 300 595 60 6465 1020 950 2135 1990 180 190 3335 3130 Source: Base Line Survey Report of Pakarbas-Galpa Road SP, July 2012
Table 1.2: HH of Janajati (breakdown by caste) Caste Newar Tamang Magar Sunuwar Bhujel Thami Total HH Total 95 360 120 5 5 10 595
6. Regarding the ethnicity of ZOI area, the main castes in three ZOI VDCs are found Janajati, Brahmin/ Chhetri (B/C) and Dalit. However B/C and Dalit are absent in Dimipokhari VDC. The majority of the population belongs to Janajati 4,125 followed by B/C 1,970 and then Dalit 370 in ZOI SP area. Out of the total population of 6465, 48% consist of female and 52% consist of male. The male female ratio of ZOI VDCs is 1:0.83. In this ZOI SP area, the ethnic population as mentioned by National Federation of Indigenous Nationalities (NFIN’s) – under the highly marginalized groups does exist. The consultation meeting has stated that there won’t be negative impacts from SP intervention in the IPs groups.
7. With reference to livelihood of local people, majority of the HHs primarily depend on agriculture, business, services, foreign employment and wage labor. Some of HHs also operates small retail shops. In addition, some people are engaged in service sectors- Government and Private services. Some of the salient features of VDCs are: I) Primary occupation is agriculture. II) Engagement in service sectors and business is secondary occupation of people. III) Migration for foreign employment IV) the majority of people are found unskilled and work as wage labor.
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Detail project Report Pakarbas-Galpa Road Sub-project, Ramechhap Section III, Volume 3 Impact Screening Report on Indigenous Peoples
4. IDENTIFICATION OF IPs
8. The term indigenous people (IP) is refer to the Janajati or ethnic groups, indigenous cultural communities which maintain cultural and social identities separate from the mainstream societies or cultures in the context of Nepal.
9. The legal framework for this Indigenous Peoples Planning Framework (IPPF) is based on the ADB Safeguards Policy Statement (SPS) (2009); the Interim Constitution of Nepal, the Three Year Interim Plan (2007-2010), sections of the National Foundation for Development of Indigenous Nationalities (NFDIN) Act 2002, National Human Rights Action Plan 2005; Environmental Act 1997; Forest Act 1993 and Community Forestry Guideline.
10. In ADB’s 2009 SPS, for operational purposes, the term ‘Indigenous Peoples’ (IPs) is used in a generic sense to refer to a distinct, vulnerable, social and cultural group possessing the following characteristics in varying degrees:
Self-identification as members of a distinct indigenous cultural group and recognition of this identity by others; Collective attachment to geographically distinct habitats or ancestral territories in the project area and to the natural resources in these habitats and territories; Customary cultural, economic, social, or political institutions that are separate from those of the dominant society and culture; and A distinct language, often different from the official language of the country or region.
11. Based on the characteristics, the NFDIN, a Government founded institution, has recognized 59 different nationalities as IPs/ethnic groups of Nepal. IPs in Nepal is a very heterogeneous group. In the context of this project and framework it is important to distinguish the vulnerable and poor IPs from the others. The NFDIN affiliated NFIN has classified IPs into five different categories, these are - endangered, highly marginalized, marginalized, disadvantaged and advantaged based on socio economic variables that include literacy, housing, occupation, language, area of residence and population size. A majority of these groups are integrated into the mainstream society/culture, whereas several of them (recognized by NEFIN as highly marginalized/endangered) are still remains distinct.
12. The BLS reports, information from the VDC profile, IP screening checklist filled by DISC team and consultation meeting with local authorities and stakeholders conducted under the chairmanship of LDO and VDC certified letter have confirmed that there are presences of IPs but they don't belong to endangered groups of IPs living in ZOI area of the SP. 5. SUB- PROJECT ACTIVITY
13. The IPPF is prepared to guide the preparation of SP under the DRILP AF project to ensure better distribution of the SP benefits and promote development of the IPs along with other disadvantaged social groups in the SP ZOI areas. The major objectives of the IPPF is to
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Detail project Report Pakarbas-Galpa Road Sub-project, Ramechhap Section III, Volume 3 Impact Screening Report on Indigenous Peoples
ensure the participation of the affected IPs and other disadvantaged communities in the entire process of preparation, implementation and monitoring of SP activities; ensure project benefits will accrue to IPs and other disadvantaged communities; mitigate any adverse SP impacts; define the institutional arrangement for screening, planning and implementation of IPs for SPs and outline the IPP monitoring and evaluation process.
14. The project has followed the NEFIN categorization as mentioned above, distinguishing the impacts on the different categories of IPs. The SP impact assessment on IPs has screened out areas where impacts would be felt by IPs in the endangered and highly marginalized category; as also defined by ADB’s 24 IP groups.
15. It was confirmed that IPs from highly marginalized category are living in ward number 9 of Khadadevi VDC in nominal number. The other IPs groups’ presence in this SP ZOI VDCs – marginalized, disadvantaged and advantaged groups does not fall under 24 IP category of ADB definition.
16. Hence, the SP will address barriers to their participation through extensive consultation and participation as other poor and DAG people. In this connection, the DRILP AF IPPF provides a framework for consultation with the affected IP communities during SP implementation and specifies measures so that they will receive appropriate benefits and actions for implementing planned measures. The district consultation meeting has acknowledged that the IPs communities are gradually integrated into the mainstream of the society but general tendency of their participation in the local organizations and decision making structures is fairly low.
17. In Pakarbas-Galpa road SP ZOI area, there is presence of highly marginalized (Thami), marginalized (Tamang, Sunuwar Bhujel), disadvantaged (Magar) and advantaged (Newar) groups of IPs. However, the endangered groups of IPs (24 groups of IPs as defined by NEFIN) are not living here.
6. CONCLUSION
18. Project has adopted the IPPF in compliance and special assistance measures for IPs. DISC team with support of DPO has carried out VDC consultation, filling up ‘Checklist on Screening of IPs’ and meeting with district stakeholders and meeting with IPs communities. With reference to the survey report, VDC profile and consultation meetings with local communities, there aren’t presences of endangered groups of IPs communities as categorized by NEFIN in SP ZOI VDCs. Furthermore, the VDC has also acknowledged this very fact.
19. It was found that the highly marginalized IP groups (Thami) reside in Gundutole, ward 9 of Khadadevi VDC in nominal population. However, the SP interventions have no adverse and negative impacts on their customary rights of use and access to land and natural resources. Similarly, project doesn’t have any negative impacts on their socio-economic and cultural identity. Project doesn’t expect any impacts on these IPs groups differently than other groups - Dalits, poor and vulnerable people.
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Detail project Report Pakarbas-Galpa Road Sub-project, Ramechhap Section III, Volume 3 Impact Screening Report on Indigenous Peoples
20. As a matter of fact, these findings confirm that there are no indigenous populations under endangered groups residing in the SP ZOI area. Hence, according to the project approved framework no need of separate planning for these groups of IPs. Therefore, the sub- project is category ‘C’ for IPs in accordance with the IPPF and no further action required for IP.
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ANNEXES
Detail project Report Pakarbas-Galpa Road Sub-project, Ramechhap Section III, Volume 3 Impact Screening Report on Indigenous Peoples
ANNEX 1: SCREENING CHECKLIST
Indigenous People Screening Checklist
Key Concern Yes No Not Remarks known A. Identification of Indigenous Peoples (IPs) 1. Are there socio-cultural groups present in Yes Highly marginalized group (Thami), Marginalized group or uses the project area who may be (Tamang, Bhujel, Sunuwar), considered as ‘tribes’, minorities, or Disadvantaged group Indigenous communities in the project (Magar), Advantaged group (Newar) live in ZOI VDC. area? 2. Are there national or local law or policies Yes as well as Anthropological Research consider these groups present in or using the project areas as belonging to ethnic minorities or IPs? 3. Do such groups self identify as being part Yes of a distinct social and cultural group? 4. Do such groups maintain collective Yes attachments to distinct habitats or ancestral territories and/or to the natural resources in these habitats and territories? 5. Do such groups maintain cultural, Yes economic, social, and political institutions distinct from the dominant society and culture? 6. Do such groups speak a distinct Yes language or dialect? 7. Has such groups been historically, Yes socially, and economically marginalized, disempowered, excluded and/or discriminated against? 8. Are such groups represented as IPs or Yes as ethnic minorities or scheduled tribes or tribal populations in any formal decision making bodies at the national or local level? B. Identification of Potential Impacts
9. Will the project directly benefit or target Yes IPs? 10. Will the project directly or indirectly No affect IPs traditional, socio-cultural and belief practices? (eg. Child-rearing, health, education, arts, and governance) 11. Will the project affect the livelihood No systems of IPs? (eg. Food production system, natural resource management,
Detail project Report Pakarbas-Galpa Road Sub-project, Ramechhap Section III, Volume 3 Impact Screening Report on Indigenous Peoples
crafts and trade, employment status) 12. Will the project be in an area (land or No territory) occupied, owned, or used by IPs, and or claimed as ancestral domain? C. Identification of Special Requirements Will the project activities include : 13. Commercial development of the cultural No resources and IPs? 14. Physical displacement from traditional No or customary lands? 15. Commercial development of natural No resources (such as minerals, hydrocarbons, forests, water, hunting, or fishing grounds) within customary lands under use that would impact the livelihoods or the cultural, ceremonial, spirituals uses that define the identity and community of IPs? 16. Establishing legal recognition of rights No to lands and territories that are traditionally owned or customarily used, occupied or claimed by IPs? 17. Acquisition of lands that are traditionally No owned or customarily used occupied or claimed by IPs?
D. Anticipated project impacts on IPs Project component/ Anticipated positive Anticipated negative activity/output effect effect SP component: Yes No Total road length : 11.694 km Activity: Yes No Road construction Awareness raising Job creation Livelihood training Community Infrastructure
Output: Yes No Road construction Capacity building Social development Livelihood improvement Market centre establishment
Detail project Report Pakarbas-Galpa Road Sub-project, Ramechhap Section III, Volume 3 Impact Screening Report on Indigenous Peoples
ANNEX 2: MEETING MINUTE
2.1 Meeting minute of consultation with local stakeholders about IPs living in ZOI area
Synopsis of the Meeting Minute
Date : 22 May 2012 (2069/2/9) Venue : DDC Hall Agenda of the Meeting: . IPs living in SP ZOI VDCs Participants: . LDO, DTO and DDC representatives, . DRCC members, . VDC Secretary-Makadum and Majhuwa VDCs, . Local stakeholders, . Representatives from NGOs, CBOs, . DPO, . DISC team
The consultation meeting was organized by the DPO under the chairpersonship of the DDC Chair / LDO Mr. Narayan Prasad Mainali in the presence of DRCC members and other stakeholders.
Decision of the meeting:
With the consultation and discussion among the members, meeting has come to consensus conclusion that the highly marginalized IP groups (Thami) reside in small population in Gundutole, ward 9 of Khadadevi VDC among the ZOI VDCs - Makadum, Majhuwa, Khadadevi and Dimipokhari. There are no land and physical properties that belong to Thami in the SP areas. The SP interventions have no adverse and negative impacts on their customary rights of use and access to land and natural resources. Similarly, project doesn’t have any negative impacts directly or indirectly on their socio-economic and cultural identity.
In totality, there aren’t different impacts on these Thami IPs groups other than groups like poor and excluded communities by the implementation of SP. Hence the meeting has decided that there is no need to prepare a separate plan for these Thami IPs groups.
Detail project Report Pakarbas-Galpa Road Sub-project, Ramechhap Section III, Volume 3 Impact Screening Report on Indigenous Peoples
Page 1: Minute of the consultation Meeting about IPs
Detail project Report Pakarbas-Galpa Road Sub-project, Ramechhap Section III, Volume 3 Impact Screening Report on Indigenous Peoples
Page 2: Minute of the consultation Meeting about IPs
Detail project Report Pakarbas-Galpa Road Sub-project, Ramechhap Section III, Volume 3 Impact Screening Report on Indigenous Peoples
2.2 Meeting minute of consultation with Thami community about impacts of SP intervention to them
Synopsis of the Meeting Minute
Date : 4 January 2013 (2069/9/20)
Agenda of the Meeting: 1. Impact of proposed sub-project (SP) on Thami community. 2. Support for livelihood improvement of Thami community.
Participants: . Thami representatives . DISC team
Decision of the meeting:
Agenda 1: On the discussion of Agenda 1, meeting has decided and stated that there are no lands and houses (physical properties) that belong to Thami community in the proposed road SP and this SP don’t have direct and negative imacts on their traditional and cultural practices. It is expected to have local level employment generation and improvement of their livelihood by the implementation of this road SP.
Agenda 2: On the the discussion of Agenda 2 meeting has decided to request DRILP to provide Mason training to following participants in order to improve livelihood of Thami community.
Name of participants for training: 1. Dhanbir Thami, Khadadevi 9 2. Dhan Bahadur Thami, Khadadevi 9 3. Chyami Thami, Khadadevi 9 4. Jang Thami, Khadadevi 9 5. Mani Bahadur Thami, Khadadevi 9
Detail project Report Pakarbas-Galpa Road Sub-project, Ramechhap Section III, Volume 3 Impact Screening Report on Indigenous Peoples
Page 1: Minute of the consultation Meeting with Thami community
Detail project Report Pakarbas-Galpa Road Sub-project, Ramechhap Section III, Volume 3 Impact Screening Report on Indigenous Peoples
Page 2: Minute of the consultation Meeting with Thami community
Detail project Report Pakarbas-Galpa Road Sub-project, Ramechhap Section III, Volume 3 Impact Screening Report on Indigenous Peoples
ANNEX 3: VDC CERTIFIED LETTERS
The VDC secretaries of following VDCs in ZOI areas of Pakarbas-Galparoad Sub project have forwarded letters stating IP communities living in ZOI VDCs:
. Majhuwa VDC . Makaddum VDC . Khadadevi VDC . Dimipokhari VDC
Theme translation: Letter from Majhuwa VDC stating that IP communities from endangered and highly marginalized groups are not resides in Majhuwa VDC ward number 4 and 7 of Ramechhap.
Detail project Report Pakarbas-Galpa Road Sub-project, Ramechhap Section III, Volume 3 Impact Screening Report on Indigenous Peoples
Theme translation: Letter from Makadum VDC stating that IP communities from endangered and highly marginalized groups are not resides in Makadum VDC of Ramechhap.
Detail project Report Pakarbas-Galpa Road Sub-project, Ramechhap Section III, Volume 3 Impact Screening Report on Indigenous Peoples
Theme translation: Letter from Khadadevi VDC stating presence of Thami IP community among endangered and highly marginalized groups in ward number 6 and 9 of Khadadevi VDC, Ramechhap.
Detail project Report Pakarbas-Galpa Road Sub-project, Ramechhap Section III, Volume 3 Impact Screening Report on Indigenous Peoples
Theme translation: Letter from Dimipokhari VDC stating that IP communities from endangered and highly marginalized groups are not resides in Dimipokhari VDC of Ramechhap.