Indigenous People Planning Document

Due Diligence Report

Loan Number: 2796 and Grant Number: 0267 NEP May 2012

Nepal: Decentralized Rural Infrastructure and Livelihood Project- Additional Financing

Barabis-Delta Bazar Road Subproject Bajura

Prepared by the Government of

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. District Development Committee, Bajura Office of District Development Committee, Technical Office, Bajura Decentralized Rural Infrastructure and Livelihood Project-Additional Financing (DRILP-AF) District Project Office, Bajura

Decentralized Rural Infrastructure and Livelihood Project-Additional Financing (DRILP-AF)

Detailed Project Report Barabis-Delta Bazar Road Sub Project

Section III: Safeguards Volume III: Impact Screening Report on Indigenous Peoples May 2012

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

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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 Peoples (IP’s) issues.

2. ROAD SUB-PROJECT’S BACKGROUND

3. The road sub-project (SP) selected by Bajura DDC is the Barabis-Delta Road of Barabis- Kuldevmandu- Road SP’. The geographical location is in Far western development region. Out of total 13.1 km of Barabis-Delta Road, construction works were started for a total length of 8.5 km within DRILP period and a total of 4.6 km is completely a new construction (un- touched section) for DRILP AF. Up to Jhali bazaar of Kuldevmandu VDC, the road of 4.5 km lengths is in operation for vehicles, which was opened during DRILP phase.

4. Considering the time and funds the road was divided into two sections for construction i) Barabis- Delta (Ch. 0+000 to 13+100 km) and ii) Delta – Aatichaur (Ch. 13+100 – 22+700) respectively. Construction works on Barabis- Delta section was started in DRILP and have been partially completed. The latitude of the SP fall in 29°33’52” and longitude is within 84°30’67”. The geographical feature of this area is lesser Himalaya with mountainous terrain. The Geology of the area is basically alluvial soil, colluvial soil and some rocky area with sub-tropical climate. 5. Local community has opportunity of direct employment generation from sub project activities such as the road construction works. Project has set the target of 40 percent women

2 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 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 sub-project areas. Project intends to provide the benefits to 40 percent women and 60 percent poor and excluded groups of potential beneficiaries of impact zone. The social awareness raising training will be provided to communities from impact zones; of which project has aimed 80 percent are women, poor and from excluded groups in Barabis- Delta Road SP ZOI area. Similarly, project assists BGs to form Saving Credit Groups and support BGs, if they will eager, interested and capable to form themselves into formal Micro Finance/ Saving and Credit Cooperatives (SCCs) and to facilitate their access to credit from existing institutional provider.

3. DEMOGRAPHIC INFORMATION OF ZOI

6. The VDCs along the road corridor is Barabis, Kuldevmandu and Gudukhati. Some of the wards of these VDCs lie in ZOI area of the SP, i.e. wards 1-6 and 9 of Kuldevmandu, wards 5-9 of Barabis and wards 5 and 6 of Gudukhati VDCs. The classification of road is District road and standard class ‘A’. The pavement/type is earthen surface and is a new construction. The baseline on demography of ‘Barabis- Delta Road SP’ was collected during the Baseline survey (BLS) and Zone of influence (ZOI) Survey of second phase sub-project in DRILP.1 As per the information collected from various sources, the population within ZOI along the road corridor is 13436 (male: 7229, female: 6207) and the HHs are 1959. The detail populations of VDCs along the sub-project ZOI areas are as follows:

Table 1: Demographic structure of ZOI VDCs in Sub project area S.N. VDC HH Population Caste/ethnicity

Male Female Total Brahmin Dalit

1 Kuldevmandu 847 2628 2665 5293 535 2772 1986

2 Barabis 815 3621 2526 6147 20 3710 2417

3 Gudukhati 297 980 1016 1996 0 1225 663

Total 1959 7229 6207 13436 555 7707 5066

(Source: ZOI survey Report of Barabis-Delta Road, Bajura November 2009) 7. Most of the people living in ZOI area are Brahmin, Chhetri and Dalits. The populations of Chhetri are highest and Brahmin is lowest in VDCs of ZOI and in Gudukhati there is no Brahmin

1 BLS II Sub Project Report DRILP_ October 2011

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HH. The Dalit populations are also significantly high. However, in the SP ZOI areas the ethnic population as mentioned in ADB IP definition does not exist.

8. The main occupation is agriculture and animal husbandry in these VDCs. The other sources of income are horticulture, small business/shop, porter, laboring, mini cottage industries and seasonal migration to India for employment. Regarding migration, the situation creates due to low food sufficiency for a year round and force poor people to go outside of their own VDC/district for employment and in some cases as earlier mentioned outside the country as well. One cause of increasing number of female headed HH is long term migration of their male counterpart, which burden women’s works.

4. IDENTIFICATION OF IPs

9. The term indigenous people (IPs) is refer to the Janjati or ethnic groups, indigenous cultural communities which maintain cultural and social identities separate from the mainstream societies or cultures in the context of Nepal.

10. The IPPF framework is based on the ADB Safeguard Policy Statement (2009); the Interim Constitution of Nepal, the three year Interim Plan (2007-2010), sections of the NFDIN Act 2002; National Human Rights Action Plan 2005; Environmental Act 1997; Forest Act 1993 and Community Forestry Guideline.

11. In ADB’s 2009 SPS, the term Indigenous People 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 and identification of others as being part of a distinct indigenous cultural group, and display the desire to maintain that cultural identity;  A linguistic identity different from that of the mainstream or dominant society;  Social, cultural, economic and political traditions and institutions distinct from the mainstream or dominant culture.

12. Nepal Federation of Indigenous Nationalities (NEFIN) has classified these groups into five categories based on their population size and other socio-economic variables such as literacy, housing, land holdings, occupation, language, and area of residence. While 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.

13. The BLS reports, information from the DDC/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 confirmed that IPs are not living in ZOI of sub- project. 5. Sub Project activity

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14. It was confirmed that there is no IPs living in VDCs of ZOI, hence the SIA of IPs is not necessary in this sub-project.

6. Conclusion

15. Project adopts the Indigenous People Planning Framework (IPPF) in compliance with the ADB Safeguard Policy Statement (SPS) 2009 and special assistance measures for indigenous people. DISC team with the support of DPO has carried VDC consultation, filling up ‘Checklist on Screening of IPs’ and meeting with district stakeholders. According to the survey report, DDC/VDC profile and consultation meetings with local communities, the IPs communities are not living in the SP ZOI VDCs. Furthermore, the VDC has also certified this fact. Similarly, the ADB PPTA DRILP Report – Linked Document 10 also verified the absence of IPs in sub- project areas of Bajura district.

16. All these findings show that there is no indigenous population residing in sub-project ZOI area. Therefore, the sub-project is category ‘C’ for indigenous people in accordance with the ADB SPS and no further action required for IPP.

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ANNEXES

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Annex 1: SCREENING CHECKLIST

Indigenous People Screening Checklist

Key Concern Yes No Not known Remarks A. Identification of Indigenous Peoples (IPs) 1. Are there socio-cultural groups present in or No uses the project area who may be considered as ‘tribes’, minorities, or Indigenous communities in the project area? 2. Are there national or local law or policies as No 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 of a No distinct social and cultural group? 4. Do such groups maintain collective No attachments to distinct habitats or ancestral territories and/or to the natural resources in these habitats and territories? 5. Do such groups maintain cultural, economic, No social, and political institutions distinct from the dominant society and culture? 6. Do such groups speak a distinct language or No dialect? 7. Has such groups been historically, socially, No and economically marginalized, disempowered, excluded and/or discriminated against? 8. Are such groups represented as IPs or as No 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 IPs? Yes 10. Will the project directly or indirectly affect No IPs traditional, socio-cultural and belief practices? (eg. Child-rearing, health, education, arts, and governance) 11. Will the project affect the livelihood systems No of IPs? (eg. Food production system, natural resource management, 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 or No customary lands?

15. Commercial development of natural No resources (such as minerals, hydrocarbons,

7 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 to No 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 SP component:  Total road length: 13.1 km  Vehicle plying : 0 point to 5 km  Totally new : 4.6 km  Intermittent works: 8.5 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

Annex 2:

Meeting minute of consultation with local stakeholders about IPs living in ZOI area

Synopsis of the Meeting Minute

Date: 11 April 2012 Venue: Meeting Hall of DPO, Bajura Agenda:  General introduction about DRILP AF  IPs living in DRILP AF SP ZOI areas or not

Presence:

LDO Mr. Ganesh Kumar Giri Maoist Representative Party Mr. Milan Khatri Nepali congress Party Representative Mr.Man Bdr.Rawal Nepal United Maoist Leninabad Party Ms.Basundhara Rokaya National Democratic Party Representative Mr. Parkash BK National Democratic Party (Janasakti) Representative Mr. Nandakhar Regmi National Democratic Party (Nepal) Mr. Kalak Bahadur Bista VDC-Secretary Mr. Mahesh Raj Bista VDC-Secretary Mr. Angat Mahat Women & child Development Office Ms.Setu Rawal Nepal Bhote Janjati Sewa Samitee Chairperson Mr. Nirpa Thapa NGO federation, Branch office, Bajura Representative Mr. Madan Raj Jaishi DPO-Engineer Mr. Chhatra Bahadur Katuwal DPO- Computer Operator Mr. Ashok Rawal DISC-SMC Mr. Dirgha Raj Padhyaya DISC-SM Ms. Parbati Joshi DISC-Ass-sub engineer Mr. Dil Bahadur BK DISC-Sub-Engineer Mr. Roshan Kumar Shah Radio Bajura, Station Manager Mr. Tularam Jaishi DPO-Office Assistant Mr. Jagi Bhandari Disc-Runner Mr. Ashok Hamal DPO-Office Assistant Mr. Khadak Rokaya DPO-Office Assistant Ms. Namda devi Singh

The consultation meeting was organized by the DPO under the chairpersonship of the LDO. The main agenda discussed during the meeting was whether the IP communities reside in project ZOI areas or not.

Decisions of the meeting:

With the consultation and discussion, meeting has come to the point that the IPs communities are not living in both SP ZOI areas (1st sub-Project-Martadi-Thamlekh Road and 2nd sub-project Barabis- Kuldevmandu-Aatichaur Road).

Minute of the consultation Meeting

Annex 3:

VDC Certified letters

The VDC secretaries of following VDCs in ZOI areas of Barabis-Deltabazar road sub project have forwarded letters stating that IP communities are not living in ZOI VDCs:

. Kuldevmandu VDC

. Gudukhati VDC

. Barabis VDC

Theme translation: VDC Letter from Kuldevmendu stating that IP communities are not resides in Kuldevmendu VDC of Bajura.

Theme translation: VDC Letter from Gudukhati stating that IP communities are not resides in Gudukhati VDC of Bajura.

Theme translation: VDC Letter from Barabis stating that IP communities are not resides in Barabis VDC of Bajura.