Due Diligence Report on Ethnic Minorities

Irrigated Agriculture Improvement Project (RRP CAM 51159-002)

November 2019

Cambodia Irrigated Agriculture Improvement Project Canal 15 Subproject

Prepared by the Ministry of Water Resources and Meteorology for the Asian Development Bank. CURRENCY EQUIVALENTS (As of 2 October 2019) Currency unit – Riel (KR) KR1.00 = $0.00024 $1.00 = KR4,081

ABBREVIATIONS

ADB – Asian Development Bank DDREM – Due Diligence Report on Ethnic Minorities EA – Executing Agency FWUC – Farmer Water User Committee GRM – Grievance Redress Mechanism IP – Indigenous Peoples IPP – Indigenous Peoples Plan MEF – Ministry of Economy and Finance MOWRAM – Ministry of Water Resources and Meteorology O&M – Operation and Maintenance PDWRAM – Provincial Department of Water Resources and Meteorology PDRD – Provincial Department of Rural Development PIB – Project Information Booklet PMIC – Project Management and Implementation Consultant PMU – Project Management Unit RGC – Royal Government of Cambodia ROW – Right-of-Way SES – Socio-Economic Survey TRTA – Transaction Technical Assistance

NOTE

In this report, "$" refers to United States dollars.

This due diligence report on ethnic minorities 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. Your attention is directed to the “terms of use” section on ADB’s website.

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.

GLOSSARY

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

Displaced Person Any person who is physically displaced (relocation, loss of residential land or loss of shelter) and/or economically displaced (loss of land, assets, access to assets, income sources or means of livelihood) as a result of (i) involuntary acquisition of land, or (ii) involuntary restrictions on land use or on access to legally designated parks and protected areas.

Entitlement Refers to a range of measures comprising compensation, relocation cost, income rehabilitation assistance, transfer assistance, income substitution/business restoration, etc. which are due to the DPs, depending on the type and severity of their losses, and are sufficient to restore their economic and social base.

Indigenous Peoples Refers to a distinct, vulnerable, social and cultural group possessing the following characteristics in varying degrees: (i) self-identification as members of a distinct indigenous cultural group and recognition of this identity by others; (ii) collective attachments to geographically distinct habitats or ancestral territories in the subproject area and to the natural resources in these habitats and territories; (iii) customary cultural , economic, social , or political institutions that are separate from those of the dominant society and cultures; and (iv) a distinct language, often different from the official language of the country or region.

Land Acquisition Refers to the process whereby individual, household, firm or private institution is compelled by a public agency to alienate all or part of the land it owns or possesses to the ownership and possession of that agency for public purposes in return for compensation at replacement costs.

Vulnerable groups These are distinct groups of DPs who are likely to be more adversely affected than others and who are likely to have limited ability to re- establish their livelihoods or improve their status and comprise of: (i) households living below the national poverty rate established by the Royal Government of Cambodia (who are with Poor ID), (ii) female headed households with dependents , (iii) disabled headed households with no other means of support, (iv) elderly headed households with no other means of support, (v) child headed households with no other means of support, (vi) landless households, and (vii) ethnic minorities.

CONTENTS

EXECUTIVE SUMMARY ...... 7 I. PROJECT AND SUBPROJECT DESCRIPTION ...... 1 A. Introduction ...... 1 B. Canal 15 Subproject in Takeo Province ...... 1 II. SOCIAL IMPACT ASSESSMENT ...... 6 A. Baseline Socio-Economic Information of Cham Ethnic Group in the Subproject Area ...... 6 B. Social and Cultural Characteristics of Cham Ethnic Group ...... 11 III. INFORMATION DISCLOSURE, CONSULTATION AND PARTICIPATION ...... 13 A. Information Disclosure, Public Consultation and Participation Carried out during the DDREM Preparation ...... 13 B. Information Disclosure ...... 16 IV. BENEFICIAL MEASURES...... 18 A. Potential Impacts on the Cham Ethnic Group ...... 18 B. Beneficial Measures ...... 19 V. CAPACITY BUILDING ...... 19 VI. INSTITUTIONAL ARRANGEMENTS ...... 20 A. National Level ...... 20 B. Arrangements for Implementation of the Measures in the DDREM ...... 20 C. Provincial Level ...... 21 D. District and Communal Levels ...... 21 E. Project Management and Implementation Consultants (PMIC) ...... 21 VII. GRIEVANCE REDRESS MECHANISM ...... 23 VIII. MONITORING, REPORTING, AND EVALUATION ...... 25 IX. BUDGET AND FINANCING PLAN ...... 27 X. CONCLUSIONS AND RECOMMENDATIONS ...... 27 APPENDICES ...... Error! Bookmark not defined. Appendix 1. Minutes of Consultation Meeting with Cham Ethnic Group during the DDREM Preparation ...... 28 Appendix 2: Photos Taken during DDREM Preparation ...... 37

LIST OF TABLES

Table 1: District, Communes and Villages in the Command Area ...... 4 Table 2: Population of Cham Ethnic Group in the Command Area ...... 6 Table 3: Age Bracket of Ethnic Household Members in the Command Area ...... 6 Table 4: Education Level of Ethnic Household Members over 15 Years Old in the Command Area...... 7 Table 5: Percentage of Children Who Drop out of School Disaggregated by Ethnicity (%) ...... 7 Table 6: Main Occupation of Household Members in Working Age ...... 8 Table 7: Main Source of Ethnic Minority Household Income ...... 8 Table 8: Number of Migrants...... 9 Table 9: Number of Cham Households with Poor ID ...... 9 Table 10: Purposes of Cham Households in the Command Area Using Canal 15 ...... 10 Table 11: Frequency of Cham Households in the Command Area Using Canal 15 ...... 10 Table 12: Participation in Local Organizations...... 12 Table 13: Average Time Spent Performing Community Roles ...... 13 Table 14: Summary of Public Consultation Meetings and FGDs with Cham Ethnic Group ...... 13 Table 15: Consultation, Participation and Information Disclosure Plan ...... 17 Table 16: Proposed Composition of Grievance Redress Committee ...... 23 Table 17: Monitoring Indicators ...... 26 Table 18: Estimated Budget for the DDREM Implementation ...... 27

LIST OF FIGURES

Figure 1: Map Layout of the Canal 15 Subproject ...... Error! Bookmark not defined. Figure 2: Location of the Villages where the Cham Ethnic Group Reside .... Error! Bookmark not defined.

LIST OF DIAGRAMS

Diagram 1: Chart of Institutional Arrangements ...... Error! Bookmark not defined. Diagram 2: Proposed Grievance Redress Mechanism ...... Error! Bookmark not defined.

EXECUTIVE SUMMARY

1. The Royal Government of Cambodia (RGC) is requesting the Asian Development Bank (ADB) to finance the improvement of irrigation systems in Cambodia. The Irrigated Agriculture Improvement Project (the Project) will assist the Government of Cambodia to: (i) rehabilitate, modernize, and climate proof four irrigation systems in Battambang, Kampong Cham, Kampong Thom, and Takeo provinces and deliver irrigation services to 291,847 persons, of whom about 148,288 (51%) are women; (ii) ensure sustainability of irrigation schemes by strengthening institutional and financial arrangements as well as capacity of the government staff and farmer water user communities (FWUCs) in operations and maintenance (O&M); (iii) improve farming practices for increased agriculture productivity and crop diversification; and (iv) improve water resources information system (WRIS), and irrigation asset management system for better water resources planning and investment. The outcome of the project is water and agriculture productivity in the project areas enhanced. The impact of the project is inclusive economic growth through agriculture and irrigation attained aligned with the Rectangular Strategy on Growth, Employment, Equity and Efficiency, Phase IV, 2019 to 2023 of the Government of Cambodia.

2. Two subprojects (Kamping Pouy Irrigation subproject in Battambang province and Prek Po irrigation scheme in Kampong Cham province) have been identified for financing. Two other subprojects (Stung Chinit South subproject in Kampong Thom province and Canal 15 subproject in Takeo province) have been selected for considerations to be included in the Project.

3. The proposed activities for the Canal 15 subproject include (i) dredging to drop the canal bed of Canal 15 by 1.5m – 2m below its existing level; (ii) improvement of Canal 87 by excavating to remove the siltation along the whole secondary canal of 5.9km; and (iii) modernizing Samput Pumping System consisting of modernizing Samput pumping station, reshaping 4.6 km of the main canal and reconstructing 11 secondary canals as well as four (04) tertiary canals within the existing right-of-way (ROW) in the system. The purposes of the subproject investment are (a) securing water supply for at least two crops per year for a combined target command area of 7,500 ha; (b) increasing drainage capacity to relieve flooding from the upstream catchments; and (c) providing the possibility for navigation during the dry season or when water level in the canal drops. The command area covers nine (09) communes in four districts, namely Angkor Borei, Samraong, Doun Kaev and Treang.

4. There are 256 households (996 persons) of ethnic Cham in the larger command areas of the Canal 15 subproject. They reside in three villages in Angkor Borei and Baray communes.

5. Social Impact Assessment: A socio-economic survey (SES) was carried out on 256 Cham households living in three villages, namely Kampong Luong and Stung Kambot villages in Angkor Borei commune of Angkor Borei district and Chong Thnal village in Baray commune of Doun Kaev district in July 2018. The SES aims to obtain information on demographic characteristics, religion, education level, occupation, income, poverty, and gender issues as well as social and cultural characteristics of the Cham ethnic group in the area. The Cham people in the command area are bilingual, speaking both Khmer and Cham languages. They have a good relationship with the Khmer (the major ethnic in Cambodia) and have representatives in the communal, district and provincial councils. Cham society is matriarchal with matrilineal descent. Their main income sources are from fishing, farming and remittances from their relatives. The poverty rate of the Cham community is 14%, which is lower than the overall poverty rate of Angkor Borei district (26.6%) and Doun Kaev (21.6%).The main factors that cause their poverty are (i) lack of education of households; (ii) households with the elderly and/or the handicapped; (iii) large families and (iv) landless. The Cham ethnic is well integrated in the Khmer society.

6. Potential Impacts on Cham Ethnic Group by the Subproject. According to the result of consultation with local Cham people, commune councils and Takeo Provincial Department of Water Resources and Meteorology (PDWRAM), no adverse impacts on the ethnic group are foreseen. No land acquisition is required by the subproject and there will be no disruption to transportation of the villagers during the construction phase as well as no impacts on their fishing. The reasons are that (i) Canal 15 is not the fishing area of the local Cham ethnic; (ii) the villagers are not using the canal frequently for their daily activities and (iii) the improvements of the canal will be conducted section by section while the width of the canal is very large, therefore, no disturbance is anticipated for their transportation. Once the canal has been dredged, their travel will be more convenient and safer.

7. Proposed measures for involvement of the local Cham ethnic in the subproject. Capacity building for the PDWRAM, relevant stakeholders such as Provincial Department of Rural Development (PDRD), commune councils, Farmer Water User Committee (FWUCs) and village leaders is recommended. A consultation, participation and information disclosure plan has been developed. All of these activities aim to ensure that the local Cham ethnic group participates in and receives proper social and economic benefits from the subproject, if any, in accordance with their culture, gender and economic development conditions.

8. Information Disclosure and Public Consultation. Two public consultation meetings were held on 15-17 July 2018 with the Cham ethnic group in Angkor Borei commune of Angkor Borei district and Baray commune of Doun Kaev district, representatives of the PDWRAM and commune councils and villager leaders. Additionally, two focus group discussions (FGDs) including one with Cham women and one with Cham who are using Canal 15 were carried out during the period. Total participants of the meetings and FGDs was 91, of which 66 are Cham people. The villagers were consulted on (i) the preliminary design of the subproject; (ii) potential negative and positive impacts on Cham ethnic group in the area; (iii) proposed measures to mitigate the negative impacts and measures to enhance the positive impacts of the subproject, if any; (iv) implementation schedule of the subproject; (v) the proposed project level grievance redress mechanism (GRM) and (vi) arrangements for consultations with and participation of Cham people in the subproject's activities. Information dissemination and consultations will continue after this DDREM gets approved by ADB and throughout the preparation and implementation of the updated DDREM (2021-2022). The final updated DDREM for the subproject will be made available in Khmer and Cham languages and sent to the PDWRAM, authorities of the districts and subproject communes, Farmer Water User Committees (FWUCs), and uploaded on ADB and MOWRAM websites and posted in accessible public places such as village halls, village mosques and commune offices.

9. Grievance Redress Mechanism. To ensure that all grievances and complaints by villagers in regard to the implementation of the subproject activities, if any - or any other aspects of the subproject are resolved in a timely and satisfactory manner, and that all avenues for airing grievances are available to them, a project GRM will be established by the subproject. The proposed GRM has been discussed with the Cham people, villagers and the commune councils. The complainant will be exempted from all administrative and legal fees that might be incurred in the resolution of grievances and complaints.

10. Estimated Cost. Measures to ensure that the local Cham ethnic will equally benefit from and involve into the subproject will be undertaken. The total estimated budget for implementing of the proposed measures is $2,200, which will be covered from the counterpart funds of the MOWRAM.

11. Institutional Arrangements. The MOWRAM, with support of the social safeguard/ resettlement specialists under the Project Management and Implementation Consultant (PMIC) will be responsible for implementing the proposed measures through the PDWRAM in cooperation with Department of Ethnic Minority Development under Ministry of Rural Development, PDRD, commune councils, village leaders and FWUCs. The proposed measures will be implemented in 2021-2022.

I. PROJECT AND SUBPROJECT DESCRIPTION

A. Introduction

1. The Irrigated Agriculture Improvement Project (the Project) will assist the Government of Cambodia to: (i) rehabilitate, modernize, and climate proof four irrigation systems in Battambang, Kampong Cham, Kampong Thom, and Takeo provinces and deliver irrigation services to 291,847 persons, of whom about 148,288 (51%) are women; (ii) ensure sustainability of irrigation schemes by strengthening institutional and financial arrangements as well as capacity of the government staff and farmer water user communities (FWUCs) in operations and maintenance (O&M); (iii) improve farming practices for increased agriculture productivity and crop diversification; and (iv) improve water resources information system (WRIS), and irrigation asset management system for better water resources planning and investment. The outcome of the Project is water and agriculture productivity in the project areas enhanced. The impact of the Project is inclusive economic growth through agriculture and irrigation attained aligned with the Rectangular Strategy on Growth, Employment, Equity and Efficiency, Phase IV, 2019 to 2023 of the Government of Cambodia.

2. The Project has two outputs: (i) efficiency and climate resilience of irrigation systems enhanced and (ii) water resource management improved. Under Output 1, the project will modernize, and climate-proof four irrigation systems to ensure irrigation for about 43,500 ha of agricultural land. It will (i) remodel and improve reservoir embankment, pumping stations, main, secondary, and tertiary canals and drains as well as appurtenant structures; (ii) design joint reservoir operation for two subprojects, and schedule irrigation to improve water sharing arrangements between linked systems and ensure equitable water distribution, particularly during droughts; (iii) strengthen existing FWUCs and forming additional FWUCs with strong women participation, and help them collect irrigation service fees and perform sustainable O&M of the distribution canals; (iv) pilot an irrigation asset management information system to improve O&M budgeting and procedures; and (v) formulate SRP in the Stung Chinit South subproject, providing farmers the opportunity to protect endangered bird species habitat, while achieving a premium price for rice by complying with sustainable production standards. For Output 2, the project will: (i) install hydromet stations to support water resources management in upstream watersheds in Battambang and Kampong Cham provinces; (ii) train government staff and FWUCs on modern canal operation techniques, irrigation scheduling, water management, and O&M; (iii) establish a data center in MOWRAM including a building equipped with data management facilities (database and server system, analytical system, dissemination facilities, doppler radar, etc.); (iv) develop a WRIS using satellite-based information and ground observation to serve as a common platform for sharing water resources management data; (v) train MOWRAM and its provincial departments staff on water accounting and data management; and (vi) provide a program for scholarships, internships, training, and mentoring in water resources management. Two subprojects (Kamping Pouy Irrigation subproject in Battambang province and Prek Po irrigation scheme in Kampong Cham province) have been identified for financing. Two other subprojects (Stung Chinit South subproject in Kampong Thom province and Canal 15 subproject in Takeo province) have been selected for considerations to be included in the Project.

B. Canal 15 Subproject in Takeo Province

3. Canal 15 and its associated system are proposed to be included in the subproject. Upgrading the Canal 15 system will have direct benefits to at least three areas: (i) secure water supply for at least two crops per year for a combined target command area of 7,500 Ha; (ii) increase drainage capacity to relieve flooding from the upstream catchments; and (iii) provide the 2 possibility for navigation during dry season or when water level in the canal drops. Proposed civil works under the subproject include:

• Deepening of the main canal (Canal 15) of 18.12 km by removing siltation to drop the canal bed level about 1.5m-2m down;

• Deepening one lateral secondary canal (Canal 87) for 5.9 km by excavating the canal about 2m to achieve a 5 – 6m depth overall canal depth;

• Modernization of Samput pumping system includes (i) improvement of 4.6 km of intake canal; (ii) modernizing Samput pumping station; (iii) rehabilitation of eleven secondary canals with a total length of 11.96 km and four tertiary canals with a total length of 4.77 km associated with the Samput pumping system which irrigate the pumped water by the pumping station to the fields of farmers. Figure 1 presents the map layout of the Canal 15 subproject.

Figure 1: Map Layout of the Canal 15 Subproject

4. As shown in

6. Table 1, the command area covers nine (09) communes in four (04) districts, of which there are three villages in Angkor Borei commune and Baray commune where Cham ethnic group reside. Figure 2 presents the location of the Cham ethnic villages.

Table 1: District, Communes and Villages in the Command Area District Commune Village Command Area (ha) Angkor Borei Angkor Borei Kampong Luong (Cham) 1,290 Stung Kambot (Cham) Prey Phkoam Prey Phkoan Ka 1,275 Prey Phkoan Kha Ponley Thlok Yol 2,065 Ponley Kang Tboung Samraoing Trea Sam Pheas 97 Doun Kaev Roka Krau Prech 211 Baray Chong Thnal (Cham) 393 Thon Mon Khang Tboung Prey Dak Por Treang Sambuor Prey Phloang 1,027 Pou Kbal Pou Rovieng Trapang Punluh Srangae Prey Run 1,048 Prey Chheu Teal Prey Changriek Tnaot Prey Nob Chrang Trabaek Kok Thlok Chen 94 Prey Veaeng Total 9 26 7,500 Source: TRTA consultants

Figure 2: Location of the Villages where the Cham Ethnic Group Reside

Source: TRTA consultants

II. SOCIAL IMPACT ASSESSMENT

A. Baseline Socio-Economic Information of Cham Ethnic Group in the Subproject Area

7. In July 2018, a survey team of the TRTA consultant conducted a socio-economic survey on 256 Cham households in Baray and Angkor Borei communes to obtain their baseline socio- economic information, and their use of canals to be improved by the subproject and their agreements on the subproject implementation.

8. Total population of Cham people in the villages is 996 (256 households), of which females account for 51.3%. The average household size is 3.9 persons per household. Table 2 below shows the population of Cham people by village. Table 2: Population of Cham Ethnic Group in the Command Area Household No. of No. of people (person) size District Commune Village households (person/ (household) Total Male Female household) Doun Baray Chong Thnal 117 342 135 207 2.9 Kaev Angkor Angkor Kampong Luong 4 15 8 7 3.8 Borei Borei Stung Kampot 135 639 342 297 4.7 Total 256 996 485 511 3.9 Source: TRTA consultants

9. As shown in Table 3, 56.7% of Cham population is under working age, with most in the age bracket of 15 to 30 (29.2%). Only 9.4% of the population are over 65 years old and 33.9% of the population are under 15 years old. The table below presents the age bracket of the Cham ethnic household members in the command area. Table 3: Age Bracket of Ethnic Household Members in the Command Area Over District Commune Village Under 15 15-30 31-45 46-65 Total 65 Doun Chong M 42 49 18 15 11 135 Baray Kaev Thnal F 70 76 24 20 17 207

Kampong M 3 5 8 Luong Angkor Angkor F 3 4 7 Borei Borei Stung M 135 85 35 52 34 342 Kambot F 91 75 53 47 31 297 Total # 338 291 139 135 93 996 % 33.9 29.2 14.0 13.5 9.4 100.0 Source: TRTA consultants

10. Among household members aged over 15 years old, 40.9% are primary school graduates and 40.8% are secondary school graduates. Percentages of high school graduates and college/university graduates are 5.8% and 1.2%, respectively.

Table 4: Education Level of Ethnic Household Members over 15 Years Old in the Command Area Not Primar High College/ Post Distric Commun attende Secondar Tota Village y schoo universit graduat t e d y school l school l y e school Doun Chong M 3 19 69 2 0 0 93 Baray Kaev Thnal F 7 39 87 4 0 0 137 Kampon M 1 3 4 8 Angko Angkor g Luong F 4 3 7 r Borei Stung M 31 106 58 11 1 0 207 Borei Kambot F 34 105 53 14 0 0 206 Total # 74 269 269 38 8 0 658 % 11.3 40.9 40.8 5.8 1.2 0.0 100 Source: TRTA consultants

11. According to the results of FGD and interviews with commune officials, percentages of Cham children who drop out of school in Chong Thnal and Stung Kambot villages are 0.5% for each. The percentages are lower than the percentages of Khmer children which is 1.4% on average. Table 5: Percentage of Children Who Drop out of School Disaggregated by Ethnicity (%)

District Commune Village Khmer Cham Doun Kaev Baray Chong Thnal 1.2 0.5 Kampong Luong 1.5 0 Angkor Borei Angkor Borei Stung Kambot 1.6 0.5 Source: TRTA consultants

12. The proportion of the working age population aged 15-64 who are unemployed in the villages is 1.7%. Most of the Cham people under working age are engaged in fishing (37.1%) and 9.6% of the population are workers in the garment factory in the province.

Table 6: Main Occupation of Household Members in Working Age Busin ess Daily GoV Doing Comm Vill Farme Emplo Fisher Unemp man/ hired Officer house- Total une age r yee man loyed woma labor s works n # 16 4 9 6 0 44 1 2 82 Cho M ng % 100 Baray 19.5 4.9 11.0 7.3 - 53.7 1.2 2.4 Thn # 12 4 8 22 1 24 1 48 120 al F % 10.0 3.3 6.7 18.3 0.8 20.0 0.8 40.0 100 Ka # 7 1 8 M mpo % 87.5 12.5 100 ng # 6 1 7 Luo F ng % 85.7 14.3 100.0

Angkor # 5 173 14 3 18 5 1 125 2 Borei Stu M

ng % 100 8.1 2.0 10.4 2.9 0.6 72.3 1.2 2.9 Ka

mbo # 41 175 22 10 13 30 1 51 7 t F

% 12.6 5.7 7.4 17.1 0.6 29.1 4.0 23.4 100.0

Total # 64 34 48 63 4 244 11 97 565

% 9.7 100 5.2 7.3 9.6 0.6 37.1 1.7 14.7 Source: TRTA consultants

13. As can be seen in the table below, 50.4% of Cham households have their main income from fishing. Remittance from relatives and farming are main household income sources of 17.2% and 14.5% of Cham households in the villages, respectively. In addition, there are 5.9% of Cham households whose main income source is earnings from trading. Table 7: Main Source of Ethnic Minority Household Income Wage Salary s from Allowance Earning Remittan Commu Farmin Fishin from working s from the Tota Village s from ce from ne g g daily as Governme l trading relatives hired employe nt labor es # 24 62 7 5 10 8 1 117 Chong Baray 100. Thnal % 20.5 53.0 6.0 4.3 8.5 6.8 0.9 0 Kampon # 1 2 1 4 Angkor g Luong % 25 0 50 0 0 25 0 100 Borei Stung # 12 67 6 8 5 35 2 135 Kambot % 8.9 8.9 8.9 8.9 8.9 8.9 8.9 62.2 Total # 37 129 15 13 15 44 3 256 100. % 14.5 50.4 5.9 5.1 5.9 17.2 1.2 0 Source: TRTA consultants

14. Among the Cham population in the villages, 49 people have migrated to Malaysia, Thailand and Korea to work as workers, housekeepers or hired laborers, accounting for 4.9% of Cham population. Most of the migrants are people aged from 15 to 30 years old and the majority of the migrants are females, accounting for 87.7%. The participants in the FGDs revealed that

9 their household members have to migrate to seek jobs as they mostly have no agricultural land and it is difficult for them to find jobs in the area. The remittance from the migrants is defined as main income source of their households. Table 8: Number of Migrants No. of migrants District Commune Village Total Male Female Doun Kaev Baray Chong Thnal # 6 4 2 Angkor Borei Kampong Luong # 1 1 0 Angkor Borei Stung Kambot # 42 1 41 Total # 49 6 43 Source: TRTA consultants

15. According to interviews with village heads and FGDs with Cham people, their average monthly household income is about $120 per month while the average monthly household expenditure is about $105 per month.

16. Regarding poverty, 36 out of 256 Cham households with 115 persons are categorized as poor households1 (accounting for 14%). The poverty rate of Cham people in the villages is lower than the overall poverty rate of Angkor Borei district (26.6%) and Doun Kaev (21.6%). The main factors that cause the poverty, as identified by the people in the subproject area, are (i) households with the elderly and/or the disabled; (ii) large families and (iii) landless (Table 9). Table 9: Number of Cham Households with Poor ID Poor households Reasons for poverty (%) No labor Communes Village No. of No. of (households with Landless Large family households people the elderly and/or households the handicapped) Baray Chong Thnal 29 87 5 8 16 Angkor Borei Kampong 0 0 Luong Stung 7 28 7 Kambot Total 36 115 5 8 23 Source: TRTA consultants

17. Cham houses are made of split bamboo and thatch. Most houses are built on stilts 1.3 to 4 meters off the ground to protect them from seasonal flooding. Chickens, ducks, and oxen are kept in the area beneath the house. Family members often gather beneath the house during the heat of the day to do chores, and to look after the children at play. In the evening, most Cham retreat upstairs to their homes, where they eat, chat, and rest. All of Cham households in the command area use piped water, although sometimes they use rainwater as the secondary domestic water source and the households are connected to national grid electricity.

18. Regarding access to public services, it takes children less than half of an hour to go to primary school and secondary school in the commune. The high school is located in the district centre. Private physicians are available in the villages for medical check-ups, and for further treatment, the villagers go to the provincial hospital in Takeo.

1 In Cambodia, the population living under the national poverty line of $0.93 per capita per day in 2009 (Ministry of Planning, 2013) is defined as the poor.

19. Regarding status use of Canal 15, 118 out of 256 Cham households (accounting for 46.1%) in the three villages are using Canal 15 directly or indirectly - but not frequently. These households are using the canal for transportation mostly. According to the SES result, 30.1% of total Cham households pass through the canal to their fishing areas. Cham households in Chong Thnal village pass through the canal to their fishing areas in Canal 4 and Canal 5 which is 3-hour travelling far from their village while the fishing area of Cham households in Angkor Borei commune is around Angkor Borei river which is about 1.5 km far from the villages.

20. Additionally, the villagers pass through the canal to go shopping or visit their relatives in the district/province centre (9.0%) or to visit their agricultural land (8.6%). None of the households have agricultural land which is adjacent to the canal-their agricultural land is about 3-4 km far from Canal 15 while 15.4% of total Cham households have agricultural land indirectly irrigated by Canal 15 in which case they get water from tertiary canals and secondary canals which are connected to Canal 15 - these households currently have sufficient water to irrigate to their field; therefore, increase of water level in the main Canal 15 does not impact negatively or positively on their agriculture. The table below specifies the number of Cham households using Canal 15 for various purposes by village. Table 10: Purposes of Cham Households in the Command Area Using Canal 15 Purposes of using Canal 15 (household) Passing Passing through to through to the Passing go shopping in the fishing areas Commune Village Indirectly through market or visit in Borei irrigated to go to relatives in the river/border fields district/province area with Viet centre Nam Chong # 18 5 10 27 Baray Thnal % 7.0 2.0 3.9 10.5 Kampong # 1 2 1 Luong % 0.0 0.4 0.8 0.4 Angkor Borei Stung # 22 16 11 49 Kambot % 8.6 6.3 4.3 19.1 Total # 40 22 23 77 % 15.6 8.6 9.0 30.1 Source: TRTA consultants

21. According to the results of consultation meetings and SES, Cham households use the Canal 15 infrequently. Only eight (08) Cham households use the canal every day - their household members go to the market in the district centre for selling goods or aquaculture products. Fifty- eight (58) Cham households use the canal only 1-3 times per year and 31 households pass through the canal once or twice per month. Table 11: Frequency of Cham Households in the Command Area Using Canal 15 Frequency of using Canal 15 6-10 3-5 1-2 1-3 Commune Village times times times Everyday times Total per per per per year month month month # 2 1 5 12 28 48 Baray Chong Thnal % 0.8 0.4 2.0 4.7 10.9 18.8 # 2 1 1 4 Angkor Kampong Luong % 0.8 0.0 0.4 0.4 0.0 1.6 Borei Stung Kambot # 4 3 11 18 30 66

Frequency of using Canal 15 6-10 3-5 1-2 1-3 Commune Village times times times Everyday times Total per per per per year month month month % 1.6 1.2 4.3 7.0 11.7 25.8 Total # 8 4 17 31 58 118 % of total Cham households 3.1 1.6 6.6 12.1 22.7 46.1 % of Cham households using Canal 6.8 3.4 14.4 26.3 49.2 100.0 15 Source: TRTA consultants

22. All Cham villagers highly agreed with the subproject implementation. Most of the consulted Cham people believed that their transportation on the Canal 15 would be much easier and safer once the main canal has been improved - even they are using the canal for transportation infrequently.

B. Social and Cultural Characteristics of Cham Ethnic Group

23. The Cham live in Vietnam and Cambodia. They are descendants of refugees from the ancient kingdom of Champa who fled central Vietnam 500 years ago. Cham is related to languages spread over much of Asia and the Pacific. Most Cham in Cambodia in general and in the command area in particular are bilingual, speaking both Cham and Khmer languages. Cambodian Cham speak a dialect called Western Cham. The Cham language has its own writing system. Western Cham speakers use Arabic script rather than the traditional Cham script. The Cham in the command area use Khmer language when communicating outside their home and they use Cham language when staying at home and when praying.

24. Cham people in the command area are traditional Muslims, along the lines of Arab Muslims. Cham dedication to their religion has helped them survive as an ethnic group. The Cham worship in their own mosques. They pray five times per day. While the women pray at home, men go to the village mosque. The Cham wear distinctive clothing. Both men and women wear a batik, a garment much like a sarong, which is worn knotted around the waist. Men wear a shirt over their batik, while women wear close-fitting blouses with tight sleeves over theirs. Men and women usually cover their heads with turbans or scarves. On religious days, leaders dress completely in white and shave their heads and beards. Children usually wear shorts and go barefoot or wear rubber thongs.

25. Education is available to both boys and girls. However, the boys and the girls come at different times of day.

26. The Cham and the Khmer in the command area have good relationships, even though, because of the Cham religion, little intermarriage has occurred.

27. Regarding food, rice is eaten at almost every meal. Fish is almost as important and is eaten fresh, dried, and salted. Pork and alcohol are forbidden to Muslim Cham. Cham usually eat an early meal of leftover rice, cakes, or fruit either at home or in the field. The big meal of the day is lunch around midday, followed by supper at twilight.

28. According to the result of FGD with Cham people, there is no discrimination between Cham and Khmer people in leadership of the area. Cham people have representatives in the commune councils and secretary of the Government. In other words, the Cham ethnic in the Canal 15 subproject areas is well integrated in the Khmer society.

29. Regarding traditional institutional structure within Cham communities, ethnic Cham villages blend into the modern Cambodian administrative system. Most Cham villages have their own elected head, who administers the internal affairs of his villages and external affairs with the relevant authorities. Village heads are the elderly who have good knowledge of customs and manners and have experiences in farming/production. However, the real influence in Cham society is in the hands of the religious leader, the imam or hakkam. Additionally, each village is managed by a village council following traditional practice of Cham ethnic group. Village councils are also voted by villagers and all village council members are prestigious people in religion. They have good understanding of common practice, beliefs and religion of Cham ethic people and they have rights to judge conflicts or give penalties to those who violate their customary law among villagers in Cham communities. The village councils hold meetings to discuss and resolve conflicts between villagers in the communities.

30. Cham society is matriarchal with matrilineal descent. Matriarchy still exists in Cham society as daughters carry the family name of their mothers. Residence is also matrilocal, so that young couples go to live with the wife’s family. Inheritance of property is through the female line. Vested with domestic authority, the women choose their husbands, initiate marriage proceedings, distribute property to their daughters (and sometimes sons), determine the religion of their children, and name their daughters while the men name sons and take care of village duties. The women do the housework, care for the children, cook, weave, winnow and pound the grain, husk the paddy, carry the heavy burdens, and, at the end of the day, fetch the water for the entire village. As priestesses and female deities, they play an important role in religious ceremonies.

31. Both men and women share many labor-related activities with women in charge of the domestic chores, textile making and caring for children and the household. Men are responsible for rice cultivation and the chores of construction, tool craft, and repair. Land can be both owned by the village or individuals. Females inherit the family property. The youngest daughter, however, must care for her aging parents.

32. In terms of roles in community affairs, both Cham men and Cham women participate in the local organizations and perform roles in community affairs. According to the SES result, for the most Cham families, husbands participate in commune councils (Table 12). While women spend 35 hours per year in participating in community festivals and celebration, men spend 25 hours per year in the activities. Regarding participation in community meetings, men and women spend 30 and 45 per year respectively. Men spend more time in taking part in community mobilizations and repairing community structures than women do (Table 13). Table 12: Participation in Local Organizations both Husband husband Wife only Total Local Organizations Only and wife N % N % N % N % Commune council 5 1.6 139 44.1 3 1.0 147 46.7 Credit cooperative 6 1.9 5 1.6 5 1.6 16 5.1 Farmer's organization 6 1.9 26 8.3 46 14.6 78 24.8 Group savings and loan association 18 5.7 0 0.0 3 1.0 21 6.7 Mother/Women's association 1 0.3 2 0.6 40 12.7 43 13.7 Parents’ association of your children’s school 1 0.3 2 0.6 5 1.6 8 2.5 Temple committee/ Religious group 0 0.0 1 0.3 1 0.3 2 0.6 Total 37 11.7 175 55.6 103 32.7 315 100 Source: TRTA consultants

Table 13: Average Time Spent Performing Community Roles Performing Community Roles Men (Hours/Year) Women (Hours/Year) Participation in community festivals and 25 35 celebration Participation in community meetings 30 45 Participation in community mobilizations 44 32 Participation in repair of community structures 41 30 Participation in training and capacity- 43 42 development Source: TRTA consultants

III. INFORMATION DISCLOSURE, CONSULTATION AND PARTICIPATION

A. Information Disclosure, Public Consultation and Participation Carried out during the DDREM Preparation

33. During preparation of the DDREM, TRTA consultants conducted two consultation meetings with representatives of Takeo PDWRAM, commune officials and the Cham ethnic group in Baray sangkat and Angkor Borei commune where Cham people reside. The meetings were held on 15 – 17 July 2018 with a total of 68 participants, of which Cham participants were 43. Additionally, two FGDs including one with Cham women (12 participants) and one with Cham who are using Canal 15 (11 participants) were carried out in the period. The list of the participants in the meetings and the summary of the meetings are enclosed in Appendix 1 of this report.

34. The consultation with the participants during the meetings and FGDs were concerned with (i) preliminary design of the subproject; (ii) potential positive and negative impacts on the Cham ethnic group in the command area; (iii) proposed measures to mitigate the negative impacts and measures to enhance the positive impacts; (iv) implementation schedule; (v) the project level GRM and (vi) arrangements for consultations with and participation of Cham people in the subproject's activities. All concerns raised by and opinions put forward by the participants have been addressed and incorporated into this DDREM.

35. The below Table 14 summarizes the results of discussions with local people and authorities on the related issues. Table 14: Summary of Public Consultation Meetings and FGDs with Cham Ethnic Group Opinions, Suggestion and Issues Responses to the Local People Concerns of Local People Preliminary design • The participants highly agreed of the subproject with the subproject implementation. • Cham people in Baray Sangkat • TRTA consultants confirmed proposed to dredge the Prek that only Canal 87 will be Prevear secondary canal improved by the subproject, because they use it frequently other secondary canals are not and they thought the within the scope of the improvement of Prek Prevear subproject. secondary canal would bring many benefits for them. • Cham villagers in Angkor Borei commune proposed to improve

Opinions, Suggestion and Issues Responses to the Local People Concerns of Local People a secondary canal called Canal 94 apart from the rehabilitation of the main canal. The reason that was provided by the local people is that the Canal 94 is too shallow and the local people have to face many difficulties with transportation and irrigation. The proposed improvements are (i) dredging the canal bed to have a gradient bed; and (ii) using the mud from the bed to improve both sides of the Canal 94 embankments. Potential positive • The improvements of Canal 15 • FWUCs will be established to impacts and would provide the villagers with have responsibility in measures to convenient and safe travelling maintenance of the canal, and enhance the to the district/province centre or water distribution in the positive impacts their fishing areas. command area to enhance the positive impact. Potential negative • There are no land acquisition • TRTA consultants and the impacts and impacts caused by the participants confirmed that the measures to subproject, however, civil works implementation of the mitigate the should be supervised regularly subproject will not cause any negative impacts to minimize the temporary impacts on land and other impacts on the surrounding assets of local community and area. people as the improvement activities will only be conducted within the ROW of the existing main canal and siltation which will be removed from the canal bed will be deposited on the embankment. However, the PMU and PDWRAM should conduct supervision properly to ensure that agricultural land and paddy/crops on land will be not affected due to the canal improvements. • If land of local people is temporarily affected due to the subproject implementation, the construction contractor(s) will be responsible for compensation. The compensation rate for temporarily affected land will be calculated based on net-income that would have been derived during the period of disruption and the market rate will be applied to compensate for affected paddy or crops.

Opinions, Suggestion and Issues Responses to the Local People Concerns of Local People • The villagers wondered • TRTA consultants confirmed whether the dredging of Canal with the villagers that the 15 under the subproject would dredging of Canal 15 would not cause the water in the affect the water level in the secondary canals to be sucked secondary canals because out to the main canal in the dry Canal 15 connects to two season or not. natural rivers (Borei and Takeo rivers). When the main canal is dredged to a depth of 1.5m below the existing level, water from these rivers will flow to the main canal and ensure that the water level of the main canal as well as the secondary canals will not be changed. • The villagers worried about the • The improvements of the main disruption of transportation canal will be conducted section during the construction phase. by section to ensure the disturbance on transportation of local people is minimized. Furthermore, the width of the main canal is large enough, the villagers could travel through the canal during the construction phase without disturbance. Implementation • Subproject implementation • Subproject implementation schedule schedule should be updated to schedule and other subproject- local people and authorities related information will be regularly. communicated to communal/ • The meeting participants village leaders, and posted in requested that the pumping the public accessible places station and the tertiary canals such as mosques, village should be completed and meeting halls, house of village functional before the dry- leaders, and others. season. • The local farmers and community will be announced six-months in advance on the civil works schedule so that they can plan their planting season accordingly. The project level • The proposed project level • The PMU will provide the GRM GRM has been disclosed to the contact details of the communal community. The participants and district levels in the agreed with the proposed GRM. updated PIB which shall be delivered to local people in the next public meetings when the detailed engineering design of the subproject is available). Arrangements for • Local people need to be • Public consultation meetings consultations with consulted during the will be organized with the and participation of preparation of the detailed participation of local authorities Cham people in the engineering design. and farmers to discuss the draft

Opinions, Suggestion and Issues Responses to the Local People Concerns of Local People Subproject's detailed engineering design so activities. that suggestions and opinions of local people and authorities can be incorporated in the final engineering design. • Local villagers, especially women are encouraged to participate in all the activities of the subproject including advising design engineers on the subproject design, reviewing and making comments on the design, participating in consultation meetings, participating in planning and implementation of measures to avoid/mitigate social impacts and to enhance of the positive impacts of the subproject to the community as well as participating in the O&M activities. FWUC = Farmer Water User Committee; GRM = Grievance Redress Mechanism; O&M = Operation and Maintenance; PDWRAM = Provincial Department of Water Resources and Meteorology; PIB = Project Information Booklet; PMU = Project Management Unit; ROW = Right of Way; TRTA = Transaction Technical Assistance Source: Consultation, July 2018, TRTA consultants

B. Information Disclosure

36. The final DDREM will be made available in Khmer language and Cham language and sent to the PDWRAM, FWUCs, authorities of the subproject districts and communes for disclosure. The document will also be uploaded in ADB and MOWRAM websites and posted in accessible public places such as mosques, village halls and commune offices.

37. During internal monitoring conducted by the PMU under MOWRAM, FGDs and key- informant interviews will be conducted (when the capacity building activities for the local Cham community are on-going). This is to identify if there are any arisen issues with the local Cham community due to the implementation of the subproject and if the activities are implemented in compliance with the agreed DDREM.

38. Table 15 presents the consultation, participation and information disclosure plan. The consultation plan will be undertaken to ensure informed participation in all facets of the subproject cycle. Timely disclosure of relevant and adequate information will be made that is understandable and readily accessible to affected people/gender, in an atmosphere free of intimidation or coercion.

Table 15: Consultation, Participation and Information Disclosure Plan Source of Issue Target audience Means of communication Responsibility Timing funds Meeting with the communities to discuss and obtain community Communal councils, Disclosure of comments on the proposed villagers in the • PMU proposed detailed detailed engineering design; Counterpart command area, • PDWRAM November 2021 engineering design Incorporation of the fund especially Cham ethnic of the subproject comments and changes • PMIC consultants group. needed in the detailed engineering design of the subproject. Communal councils; Meeting with Cham ethnic villagers in the group to discuss potential • PMU Updating of the Counterpart command area- impacts and proposed • PDWRAM March 2022 DDREM fund especially Cham ethnic mitigation based on the • PMIC consultants group detailed engineering design. Dissemination of the final Following formal EDGP in Khmer and Cham Communities in the approval and Disclosure of final languages to the PDWRAM, Counterpart subproject areas; • PMU concurrence from DDREM FWUCs, local authorities fund relevant Stakeholders the Government (district and commune), and ADB village heads Public disclosure on ADB • ADB and General public and MOWRAM’s websites • MOWRAM Upon submission Disclosure of of periodic Public disclosure on ADB • ADB and periodic Internal Public monitoring reports and MOWRAM websites • MOWRAM monitoring reports by the PMU (semi- annual) ADB = Asian Development Bank; DDREM = Due Diligence Report on Ethnic Minority; FWUCs = Farmer Water User Committees; PDWRAM = Provincial Department of Water Resources and Meteorology; PMU = Project Management Unit; TRTA = Transaction Technical Assistance

IV. BENEFICIAL MEASURES

A. Potential Impacts on the Cham Ethnic Group

39. The subproject implementation will provide the Cham ethnic group in the command area with easier and safe travel. According to the SES result, 47.7% of Cham households are using Canal 15 for transportation. As discussed in the public consultation meetings, once the canal is dredged, their travelling will be safer as now the bottom of their boats sometimes hit against obstacles in the canal bed at some positions where the canal is shallow or silty in the dry season. Twelve percent of these households had experienced in this situation.

40. According to the results of SES as well as public consultation meetings and FGDs with the Cham people held in July 2018, the subproject implementation will not cause any adverse impacts on the Cham ethnic group in the command area.

• Improvement activities under the subproject will only be conducted within the ROW of the existing main canal and siltation which will be removed from the canal bed and deposited on the embankment. Therefore, no land acquisition is required by the subproject. The Resettlement Due Diligence Report for the subproject has been prepared separately to clarify this issue.

• In the meetings, Cham villagers wondered whether the dredging of Canal 15 might cause water in the secondary canals to be sucked out to the main canal in the dry season. TRTA consultants confirmed with the villagers that Canal 15 connects to two (02) natural rivers, namely Borei and Takeo which supply water to the canal regularly, therefore the water level in the main canal as well as in the secondary canals would not be changed during the dry season. As a result, there will be no impacts on the water level in the canals during the dredging of Canal 15.

• Regarding farming, none of the Cham households have agricultural land which is adjacent to Canal 15, their agricultural land is about 3-4 km far from the canal. 15.4% of total Cham households have agricultural land indirectly irrigated by Canal 15, they get water from tertiary canals and secondary canals which are connected to the canal. As the water level in the canals will not be changed during the dredging of Canal 15, no impacts on their farming are foreseen. As the households currently have sufficient water to irrigate to their field, increase of water level in the main Canal 15 after being improved does not impact (positively or negatively) on their production.

• The Cham ethnic group in the command area use Canal 15 mainly for transportation. However, the villagers have been using it infrequently. In Baray sangkat, fishermen pass through the canal to go fishing in Canal 4 and Canal 5 which is far from the village about 03 hour-travelling and Canal 15 is not their fishing area. Furthermore, their fishing depends on season and they only travel about 5-7 times per month in the fishing season. In Angkor Borei commune, only few households who sell goods in the district centre pass through the canal to the market everyday while most of the households pass through the canal to their fishing areas in Borei river 1-2 times per month or 1-3 times per year. Additionally, the villagers sometimes pass through to go to the market or visit their relatives in the province/district centre or visit their agriculture land. All the villagers agreed that there would be no disruption to their travelling during the construction phase since the canal width is very large, the civil works will be conducted section by section and they have not been using the canal regularly.

• For the subproject secondary canals and the pumping station, as they are in the areas where the Khmer people reside - and about 5 km far from the Cham ethnic villages - there is no Cham people using the canals and pumping station directly or indirectly. There is, therefore, no impact on the local Cham ethnic.

41. Construction of the Canal 15 subproject, therefore, will not directly or indirectly affect on dignity, human rights, livelihood systems or culture of the local Cham ethnic group. Implementation of the subproject will not affect the territories of natural or cultural resources that the local Cham ethnic group own, use or occupy. The Cham do-not possess ancestral domain. B. Beneficial Measures

42. As there is no potential negative impact identified by the subproject implementation, no mitigation measure for negative impacts by the subproject is, therefore, required. The measure to promote positive impacts of the subproject to the Cham ethnic group has been developed in consultation with and with the participation of the Cham ethnic group. As travel of the local ethnic people would be more convenient and safer, regularly carry out of operation and maintenance of the canal would be conducted by the FWUCs using the FWUC's budget.

V. CAPACITY BUILDING

43. Although there is no potential negative impact identified by the subproject implementation, capacity building on ethnic minority issues will be provided to relevant agencies.

44. The MOWRAM and other relevant stakeholders have not had experience in implementation of measures to ensure that ethnic minorities equally benefit and involve into projects. Substantial social, cultural and gender awareness and capacity will be required for all IAIP project staff. Concerned government employees such as staff from MOWRAM, Takeo PDWRAM, communal councils, heads of three Cham villages, representatives of the youth and Cham women in these villages will be provided with training and orientation on applicable policies on Indigenous Peoples of the RGC and ADB (the SPS, 2009), the requirements of social impact assessment, establishment of functional GRM, consultation, communication and disclosure requirements, monitoring and reporting on implementation of proposed measures in the DDREM, including monitoring methods and tools. It is expected that such training and orientation will enhance legal, social and technical capabilities of relevant stakeholders to address Indigenous Peoples’ issues in the subproject area.

45. Existing indigenous people’s institutions and community-based organizations and nongovernment organizations (NGOs) working on indigenous peoples issues and members of FWUCs will be involved in orientation and training programs on ADB and RGC safeguards polices related to indigenous peoples, and updating process; monitoring, reporting and disclosure requirements, roles of different stakeholders in implementation of the required measures in the DDREM and the project related grievance redress. It is expected that such training and orientation will enable Indigenous Peoples’ organizations in the subproject area to represent the Cham people more effectively and will ensure that they are aware of the GRM and know how to register complaints – if any, and follow up the complaints, if any. This will also help in resolution of disputes or grievances arising during the implementation of the subproject.

46. These training sessions will be supported by the gender and social safeguard/ resettlement specialists of the PMIC under the PMU and budget for the training sessions has

20 been included in the DDREM budget in Chapter IX, which will be covered from the counterpart funds of the MOWRAM.

VI. INSTITUTIONAL ARRANGEMENTS

A. National Level

47. The Ministry of Economy and Finance (MEF) is the official representative of the Government as the borrower and recipient of funds. Funds flow will be the responsibility of MEF and this body will work closely with the executing agency. It is the responsibility of the MEF to: • Fulfill government fiduciary and financial management oversight; • Provide sufficient counterpart contribution for project activities in a timely manner; and • Ensure delays are not encountered in project procurement.

48. MOWRAM will be the executing agency and will be responsible for overall project management, coordination, and reporting. The MOWRAM will establish a project management unit (PMU). The PMU will have the responsibility for the day to day management, coordination and supervision of the subprojects, as well as consultant recruitment, financing and fund flow and the oversight of safeguard issues and measures. The specific tasks of the PMU are as follows: • Coordinate with the PDWRAM in updating the DDREM following the detailed engineering design of the subproject and implementation of the required activities in the agreed DDREM; recommend to the MOWRAM for submitting the DDREM and final DDREM to ADB for the review and approval; • Carry out the development and implementation of training programs for the provincial departments, districts, communes on implementation of required measures in the final DDREM and the grievance redress with support from the social safeguard/ resettlement specialists of PMIC; • Report the status of funding matter to the MOWRAM to ensure that the budget for activities covered under the DDREM is available and adequate; • Provide information to, and to work closely with the relevant departments and local governments in the implementation of the subproject; • Monitor and report the settlement of complaints relating to the subproject and ensure that the GRM operates effectively and representatives of Cham people are included in the Grievance Redress Committee. • Carry-out the internal monitoring on implementation of the required activities in the DDREM to ensure that the activities are implemented compliantly with the agreed DDREM; • Coordinate with relevant agencies in the subproject areas to ensure the dissemination of relevant subproject and program information and community consultations. B. Arrangements for Implementation of the Measures in the DDREM

49. The Department of Ethnic Minority Development under the Ministry of Rural Development has the national mandate for indigenous peoples in Cambodia (a total of 56 indigenous people groups have been recognized as legal indigenous people groups), but not ethnic minorities. The role of the Department is more on the preservation of culture and traditions but is not involved in the vetting of DDREMs, although its provincial agencies can be called upon for assistance in resolving indigenous people issues. The PMU - with supports of the social safeguard/ resettlement specialists of PMIC - will be responsible for updating the DDREM to submit to

MOWRAM and ADB for approval, and implementing of the measures in the agreed DDREM. The PMIC will also provide safeguard trainings to provincial agency staff. C. Provincial Level

50. Key agencies at provincial level will be the PDWRAM and PDRD. The agencies will: • Conduct a feasibility study, socio-economic surveys, including ethnicity and sex disaggregated data, to understand local indigenous peoples’ development issues; • undertake and document consultation with communities and local ethnic minority groups to determine the appropriate interventions; • assist in the design of interventions to address identified issues relevant to the overall subproject; and • play a lead role in the implementation and monitoring of the measures in the agreed DDREM, or the enhancement measures. D. District and Communal Levels

51. Although the implementation team is from provincial agencies, district level staff will complement provincial teams if and when possible and depending upon local resource conditions. The project implementation teams will work closely with communal council officials as well as village administration officials. The communal and village levels play an important role in coordinating between project and community and will assist in conducting surveys, collecting data, and also assist in arranging appointments with community groups and households as needed. E. Project Management and Implementation Consultants (PMIC)

52. Social safeguard/ resettlement specialists of the PMIC will support the PMU under MOWRAM in updating the DDREMs for the subprojects and in performing internal monitoring on implementation of the required activities in the agreed DDREM on behalf of the PMU for all subprojects under the Project. Specific tasks of the social safeguards specialists include: • Assist the PMU in updating of DDREMs for the subprojects and provide needed technical support to facilitate its approval and subsequent implementation and monitoring; • Ensure the MOWRAM and other line agencies’ safeguards compliance with requirements in implementing the measures in the agreed DDREMs; • Design and actual facilitation of capacity development activities for all project management/implementers on ADB’s social safeguards policies; • Assist the PMU in concept-building of an effective approach to information dissemination to subproject beneficiaries on the Project, its progress and on community and beneficiary participation; • Provide technical assistance in the development and production of information materials using as context the local situation in the subproject area; • Backstop the PMU and local authorities in the actual conduct of the information campaigns, public consultation, and community participation on the social safeguards; • Ensure that grievances are addressed promptly and properly, the GRM is functioning well and the project progress/monitoring reports reflect status of grievances received and addressed per period; • Provide periodic training on grievance redress procedures;

• Establish and implement liaison mechanisms to ensure proper technical and logistical support to PMU, local administrative authorities, resettlement committees and concerned government departments; • Establish and implement procedures for internal monitoring; • Train the PMU assigned social safeguards focal persons to carry out internal monitoring and reporting on implementation of measures in the agreed DDREMs; • Prepare quarterly status reports and periodic spot checks on the implementation of activities in the agreed DDREMs, to be submitted to ADB through the PMU.

Diagram 1: Chart of Institutional Arrangements

MEF MOWRAM MRD

PMIC PMU DEMD

PDWRAM PDRD

District/commune and village levels

DEMD = Department of Ethnic Minority Development; MEF = Ministry of Economy and Finance; MRD = Ministry of Rural Development; MOWRAM = Ministry of Water Resource and Management; PDRD = Provincial Department of Rural Development; PDWRAM = Provincial Department of Water Resource and Management; PMIC = Project Management and Implementation Consultant; PMU = Project Management Unit

VII. GRIEVANCE REDRESS MECHANISM

53. To ensure that any questions and complaints from the residents (not only relating to the ethnic issues, but also to other issues of the subproject) are addressed in a timely and satisfactory manner, and that all possible avenues are available to residents to air their grievances, a project level GRM will be established.

54. This mechanism will resolve concerns and complaints from local people in an active and timely manner through an easy-to-understand and clear process that is appropriate for local cultures and is easily accessed by all the residents with no cost and penalty. This mechanism will not cause any obstructions to access to the national judiciary and administrative systems. All expenses related to the grievance will be borne by the Project. In the public consultation meetings and FGDs with the Cham people in July, 2018 - this proposed project level GRM was agreed by all the meeting participants and the agreements have been documented in the minute of meeting. The Grievance Redress Committee will comprise of representatives from relevant agencies as presented in the following table. Table 16: Proposed Composition of Grievance Redress Committee Members of Grievance Redress Committee Number of Persons Representative of PMU 1 Representative of PDWRAM 1 District Councils (one head and one district officer who is Cham ethnic for each 4 district x 2 districts) Commune Councils (one head and one commune officer who is Cham ethnic 4 for each commune x 2 communes) Village heads (one for each village x 3 villages) 3 PMU = Project Management Unit; PDWRAM = Provincial Department of Water Resources and Meteorology

55. The procedures/stages for grievance redress are set out below:

• Stage 1: Resident will file a letter of complaint/request to the village head. The village head will acknowledge receipt of the complaint and enter this in his/her record. After receiving the complaint and acknowledging the receipt, the village head will hold a village council meeting following traditional practice of Cham ethnic which is still maintained now in the village to discuss the solutions for the complaint before responding to the complainant. If after seven (07) days the aggrieved resident does not hear from the village head, or if the resident is not satisfied with the decision reached in the first stage, the complainant may elevate his/her complaint to the Communal Authority (directly address to the Head of the Commune Council).

• Stage 2: The complaint is filed at the Communal Authority level and it is recorded in their logbook to acknowledge its receipt. The Communal office has seven (07) days to resolve the complaint to the satisfaction of all concerned particularly the complainant. When the complaint is not acted upon after seven (07) days or if the complainant is dissatisfied with the results, this will be elevated to the District Authority (directly address to the Head of the District Council).

• Stage 3: Upon receipt of the complaint of resident, the District Authority will enter this in the district record and will meet with the aggrieved party and consult with concerned agencies (communal and village levels, PMU/PDWRAM, etc.) to resolve the complaint within 15 days. Within 15 days after the filing of the complaint, the District Authority must

make a written decision to the complainant. If the resident is not satisfied with the decision reached in this stage, the complainant may elevate his/her complaint to the MOWRAM as the Project's Executing Agency.

• Stage 4: Upon receipt of the complaint of a resident, MOWRAM will record it in the MOWRAM's logbook and will work with the relevant agencies (PDWRAM, contractors, communal and village leaders, etc.) to respond to the complainant with 15 working days.

56. Local villagers will be encouraged to use the above GRM. However, the agreed GRM does not impede access to the country's judicial or administrative remedies by residents, if they wish to avail themselves of this avenue. At any stage in the GRM, the complainant may have the option to elevate the complaint to the authorized local court for litigation following the rules of court. During the litigation of the case, the RGC will request from the court assurance that the project will proceed without disruption while the case is being heard. If any party is dissatisfied with the ruling of the court, that party can elevate the case to a higher court.

57. The GRM will be established by the MOWRAM prior to the disclosure of the final detailed engineering design of the subproject in subproject communes (planned in mid 2021) and will operate during the pre-construction, construction and operation phases. A training-workshop on management of complaints - including procedures for recording, registering, and sorting grievances, conducting an initial assessment of grievances, determining the resolution process, making decisions, directing relevant agencies responsible for implementing decisions, and tracking, monitoring, documentation, and evaluation of complaint resolutions, etc. - will be provided by the gender, social safeguard/ resettlement specialists of the PMIC to the concerned agencies in all levels after the GRM has been established to ensure that the GRM is effective and functional.

58. If efforts to resolve disputes using the grievance procedures remain unresolved or unsatisfactory, complainants - as a last resort - have the right to directly discuss their concerns or problems with the ADB’s Environment, Natural Resources and Agriculture Division, Southeast Asia Department (SERD) through the ADB Cambodia Resident Mission (CARM). The address and contact details of CARM will also be indicated in the Project Information Booklet (PIB). If complainants are still not satisfied with the responses of the SERD, they can directly contact the ADB Office of the Special Project Facilitator2. The Office of the Special Project Facilitator procedure can proceed based on the Accountability Mechanism in parallel with the subproject implementation.

2 Complainants can send their concerns to the Office of the Special Project Facilitator using the information at: http://www.adb.org/accountability-mechanism

Diagram 2: Proposed Grievance Redress Mechanism

Step 1: DPs Village Head (within 7 working days)

Step 2: Resolved Not Resolved Communal Authority (within 07 working days)

Step 3: Resolved Not Resolved District Authority (within 15 working days)

59. Step 4: Not Resolved Resolved MOWRAM (within 15 working days)

Resolved Not Resolved End of Administrative Procedure

Court Choice to file suit Court makes decision

MOWRAM = Ministry of Water Resources and Meteorology

VIII. MONITORING, REPORTING, AND EVALUATION

60. Implementation of activities in the final DDREM will be monitored regularly to help ensure that they are implemented as planned.

61. The PMU (through the PMIC) will be responsible for monitoring of the overall implementation of the Project, including the implementation of measures in the final DDREM. Results of the implementation will be incorporated in the Project Progress Report(s) as one section to submit to ADB for review.

62. In case impacts on the local Cham ethnic are identified following the final detailed engineering design of the subproject, the Indigenous Peoples Plan (IPP) shall be prepared. PMU, with support from social safeguard specialists of PMIC, will monitor the implementation of IPP in coordination with relevant PDWRAMs. The PDWRAM will submit quarterly progress report to the PMU. The PMU will consolidate all reports from the provinces and prepare periodical reports to submit to the ADB. Semi-annual internal monitoring reports are submitted to ADB for review and uploaded on the EA and ADB websites. The internal monitoring indicators include but not limited to the following indicators. Table 17: Monitoring Indicators Indicators Process Indicators Demographic baseline • The number of Cham people by gender, age, habitat (village), and income; • Number of households with handicapped, elderly or invalid members; • Number of female-headed households; • Number of poor households; • Number of households headed by the elderly. Consultation and • Number of consultation and participation activities that occur – meetings, participation information dissemination, brochures flyers, training; • Percentage of Cham people as participants; • Number of meetings exclusively with Cham women; • Languages used at meetings; • Consultation and participation progress against plan and budget. Grievance redress • Number of Cham people in the project level GRM; • Total number of Cham people using the project level GRM; • Number of grievances by nature of grievance; • Number of grievances resolved; • Length of time taken to be resolved; • Number of grievances not resolved and reasons for not being resolved yet. Implementation of • Progress of implementation of mitigation/ beneficial measures against plan; mitigation measures and • Percentage progress against timelines and budget; beneficial measures • Effectiveness of FWUC operation. Outcome Indicators Consultation and • Awareness of indigenous peoples' issues among implementing stakeholders; participation program • Level of involvement by Cham people and representatives in the design and implementation of consultation and participation. Livelihoods and living • Changes in patterns of occupation, production and resource use; standards • Changes in income among Cham households; • Changes in travelling; • Changes in key social parameters – gender roles of production. FWUC = Farmer Water User Committee; GRM = Grievance Redress Mechanism

IX. BUDGET AND FINANCING PLAN

63. The cost estimated for implementation of proposed activities in the DDREM for the subproject is $2,200. The cost will be covered from the counterpart funds of the Executing Agency (MOWRAM). Table 18: Estimated Budget for the DDREM Implementation Unit price Items Unit Quantity Amount ($) ($/ unit) Capacity building for PDWRAM, commune session 2 500 1,000 councils, etc. Capacity building for village leaders, FWUCs, representatives of the youth and Cham session 2 500 1,000 women, etc. Total 2,000 Contingency (10%) 200 GRAND TOTAL 2,200 FWUC = Farmer Water User Committee; PDWRAM = Provincial Department of Water Resources and Meteorology

X. CONCLUSIONS AND RECOMMENDATIONS

64. Results of the due diligence on ethnic minorities in the subproject areas confirmed that there is no adverse impact by the subproject implementation on the local ethnic group (the Cham ethnic). The Project will not trigger Safeguard Requirements 3 "Indigenous Peoples" and is assigned category "C" on Indigenous Peoples at the project preparation stage as per the ADB's SPS, 2009. The IPP for the Canal 15 subproject, therefore, is not required.

65. Although there is no potential negative impact identified by the subproject implementation, measures have been recommended to ensure that the local Cham ethnic equally benefit from and involve into the subproject implementation. The proposed measures have been consulted with the local ethnic group in the subproject area, local authorities and concerned agencies.

66. This DDREM is a draft and needs to be updated upon the completion of detail engineering design of the subproject (in 2021) and the updated DDREM will be prepared based on close consultation with local communities and stakeholders and will be publicly disclosed to the communities in the command area.

67. In-case impacts by the subproject on the local Cham ethnic are identified, an IPP shall be prepared by MOWRAM for the subproject with support from the social safeguard specialists of the PMIC to submit to ADB. The IPP shall follow the objectives, principles and requirements of the ADB's SPS, 2009 and the relevant policies of the RGC on IPs.

28 Appendix 1

MINUTES OF CONSULTATION MEETING WITH CHAM ETHNIC GROUP DURING THE DDREM PREPARATION Public Consultation Meeting Canal 15 Subproject, Takeo Province

Date: 15 July, 2018 Location: Chong Tnal Village, Baray Sangkat, Daunkeo Town, Takeo Province

I. Participants - Ms. Hap Navy - National Gender and Social Safeguard Specialist of TRTA; - Mr. Phai Sok Heng - Design Engineer of TRTA; - Mr. Sum Sat - Director of PDWRAM; - Mr. Mong Leng - Baray Sangkat Council; - Mr Lay Karim - Baray Youth Association; - Mr. Eng Vanny - Head of Chong Tnal village; - Mr. Vuth Yorn - Head of Khan Kav village; - Mr. Seng Mach - Head of Chan Peng Lek village; - Mr. Nghep Khoeun - Vice Head of Svay Resey village; - Villagers - 37 Cham villagers, of which 14 are females. II. Issued Discussed

- TRTA engineers and social safeguard team provided participants with relevant information including:

o Preliminary design of the subproject; o Subproject potential negative impacts and positive impacts on the Cham ethnic group in the command area; o Proposed measures to mitigate the negative impacts and measures to enhance the positive impacts; o Proposed grievance redress mechanism; o Implementation schedule; o Arrangements for consultations with and participation of Cham people in the Subproject's activities.

- Meeting participants discussed their opinions, suggestions and concerns with the TRTA technical and social safeguard teams.

III. Consultation Results

1. Regarding the subproject preliminary design

- The proposed interventions of the subproject include (i) dredging to drop the main canal bed to 1.5 - 2m from the existing level; (ii) removing siltation along the canal 87 with a total length of 5.9km; (iii) improvement of Samput Pumping System including modernization of Samput pumping station, reshaping of the intake canal and reconstruction of eleven secondary canals as well as four tertiary canals.

- Local farmers proposed to dredge the Prek Proveaur secondary canal because they use the canal for travelling more frequently. The total length of the canal is 3,00km and the width is about 20m. The improvement will improve the water supply for 500ha command area in four (04) villages namely Chong Tnal, Khang Khal, Thon Mun and Svay Rossei. The TRTA consultant confirmed that this canal is not included in the scope of the subproject.

2. Regarding potential negative impacts and positive impacts on the Cham ethnic group

- Negative impacts:

Appendix 1 29

TRTA consultants and the participants confirmed that the implementation of the subproject will not cause any impacts on land and other assets of local community and people as the improvement activities will only be conducted within the existing ROW and siltation which will be removed from the canal bed will be deposited on the embankment. Villagers, however, requested that construction activities should be supervised properly by the PMU, PDWRAM, local authorities and people to minimize the unforeseen impacts on adjacent area of the canals during the construction stage.

The Cham ethnic group in Chong Thnal village uses the main canal for two purposes: (i) indirect irrigation for farming and (ii) transportation to go fishing or go to the district centre. For fishermen, they only pass through the canal to go fishing in Canal 4 and Canal 5 which is far from the village about 03 hour-travelling and Canal 15 is not their fishing area. Furthermore, their fishing depends on season and they only travel about 5-7 times per month in the fishing season. The canal width is very large so that during the construction phase they still travel through the canal without disturbance. About 7% of households have agricultural land indirectly irrigated from the canal.

- Positive impacts:

The main canal improvement will provide benefits to Cham people in the area including (i) source of water on rice farming; (ii) no obstacle on transportation to Angkor Borei and Vietnam to buy agriculture products due to the deeper canal.

3. Regarding measures to mitigate negative impacts and measures to enhance positive impacts

- Measures to mitigate negative impacts:

The local farmers and community will be announced six-months in advance on the civil works schedule.

During the construction phase, water in the canal will be blocked section by section; schedule for this activity will be discussed with local people and publicly informed to the villagers.

- Measures to enhance positive impacts:

FWUC will be established to have responsibility in the maintenance of the canal, and water distribution in the command area.

4. Regarding schedule implementation

The proposed subproject implementation schedule was presented and the meeting participants requested that the pumping station and the tertiary canals should be completed and functional before the dry-season. The local farmers and community will be announced six-months in advance on the civil works schedule so that they can plan their planting season accordingly.

5. Regarding proposed grievance redress mechanism

All of the participants agreed with the disclosed grievance redress mechanism. The PMU will provide the contact details of the communal and district levels in the updated PIB which shall be delivered to local people in the next public meetings when the detailed engineering design of the subproject is available).

6. Regarding arrangements for consultations with and participation of the Cham people in the Subproject's activities

Subproject implementation schedule and other subproject-related information would be informed to communal/village leaders, and posted in the public accessible places such as mosques, village meeting halls, house of village leaders, and others. Various activities of the subproject such as public consultation meetings, supervision of construction works, etc. will be conducted with the participation of local people.

30 Appendix 1

List of Participants in the Consultation Meeting

Appendix 1 31

32 Appendix 1

Public Consultation Meeting Canal 15 Subproject, Takeo Province

Date: 17 July, 2018 Location: Stung Kombot Village, Angkor Borei commune, Angkor Borei district, Takeo Province

I. Participants - Ms. Hap Navy - National Gender and Social Safeguard Specialist of TRTA; - Mr. Phai Sok Heng - Design Engineer of TRTA; - Mr. Ven La - Official of PDWRAM; - Ms. Sa Lida - Official of Agriculture Office; - Mr. Chay Phea - Angkor Borei Commune Council; - Mr. Prum Chun - Head of Stung Kombot Village; - Villagers - 31 Cham villagers, of which 16 are females.

II. Issues Discussed

- TRTA consultants provided the participants with relevant information including:

o Preliminary design of the subproject; o Subproject potential negative impacts and positive impacts on the Cham ethnic group in the command area; o Proposed measures to mitigate the negative impacts and measures to enhance the positive impacts; o Proposed project level grievance redress mechanism; o Implementation schedule; o Arrangements for consultations with and participation of the Cham people in the Subproject's activities.

- Meeting participants discussed their opinions, suggestions and concerns with the TRTA technical and social safeguard teams.

III. Consultation Results

1. Regarding preliminary design of the subproject

- The proposed interventions of the subproject include (i) dredging to drop the main canal bed to 1.5 – 2 m from the existing level; (ii) removing siltation along the Canal 87 with a total length of 5.9km; (iii) improvement and modernization of Samput pumping station system’s infrastructure including the pumping station, intake canal, eleven secondary canals and four tertiary canals.

- Once improvement of the main canal has been completed, FWUC will be established and FWUC members (farmers are FWUC members) have to pay water fee for O&M activities. The fee for water use will be discussed and determined by the FWUC members.

- The participants highly agreed with the implementation of the subproject. Additionally, the villagers proposed to improve the secondary canal namely Canal 94 apart from the rehabilitation of the main canal and Canal 87. Local people mentioned that the bed of canal 94 is too shallow and it makes difficulties for transportation and irrigation. The proposed improvements are (i) dredging the canal bed to have gradient bed; and (ii) using the siltation from the bed to improve the embankments. The TRTA consultant responded that the Canal 94 is currently not in the subproject’s scope of work.

2. Regarding potential negative impacts and positive impacts on the Cham ethnic group

- Negative impacts:

Appendix 1 33

TRTA consultants and the participants assessed that the implementation of the subproject will not cause any impacts on land and other assets of local community and people as the improvement activities will only be conducted within the existing ROW alignments and siltation which will be removed from the canal bed will be deposited on the embankment. However, the PMU and PDWRAM should conduct supervision properly to ensure that agricultural land and paddy/crops on land will be not affected due to the canal improvements.

None of Cham attendees in the meeting have agricultural land which is adjacent to Canal 15. Their agricultural land is 3-4 km far from the canal. Cham people together with Khmer hired an excavator to dig a tertiary canal every year and take water from the canal for irrigation.

The villagers wondered whether the dredging of Canal 15 under the subproject would cause the water in secondary canals to be sucked out to the main canal in the dry season or not. TRTA consultants confirmed with the participants that the dredging of Canal 15 would not change the water level in the secondary canals because Canal 15 is connected to Borei river and Takeo river which supply water for the canal regularly, the water level in the secondary canals, therefore, would be not changed.

The main purpose of the participants using the canal is for transportation. However, they have not been using it frequently. Only few households who sell goods in the district centre pass through the canal to the market everyday while most of the households pass through the canal to their fishing areas in Borei river 1-2 times per month or 1-3 times per year. The participants assumed that there will be no impacts on their travelling during the construction phase since the canal width is very large, the civil works will be conducted section by section and they have not been using the canal regularly.

- Positive impacts:

The main canal improvement will help Cham people in the area easy and safe travelling to Angkor Borei river and the border of Vietnam.

3. Regarding measures to mitigate negative impacts and measures to enhance positive impacts

- Measures to mitigate negative impacts:

The local farmers and community will be announced six-months in advance the commencement of the civil works.

During the construction phase, water in the canal will be blocked section by section; schedule for this activity will be discussed with local people and publicly informed to the villagers.

If land of local people is temporarily affected due to the subproject implementation, the construction contractor(s) will be responsible for compensation. The compensation rate for temporarily affected land will be calculated based on net-income that would have been derived during the period of disruption and the market rate will be applied to compensate for affected paddy or crops.

- Measures to enhance positive impacts:

FWUC will be established to have responsibility in the maintenance of the canal, and water distribution in the command area.

4. Regarding schedule implementation

Meeting participants have no opinion on the subproject implementation schedule. The final subproject implementation schedule will be informed to local community in advance.

5. Regarding proposed grievance redress mechanism

All of the participants agreed with the disclosed grievance redress mechanism.

34 Appendix 1

6. Regarding arrangements for consultations with and participation of Cham people in the Subproject's activities.

Local authorities and people will be updated and disseminated relevant information of subproject such as (i) description of subproject; (ii) scope of civil works; (iii) eligibility and entitlement of affected household – if land acquisition is required; (iv) implementation schedule of related activities; and (v) proposed GRM.

Local villagers, especially women are encouraged to participate in all the activities of the subproject including advising design engineers on the subproject design, reviewing and making comments on the design, participating in consultation meetings, participating in planning and implementation of measures to avoid/mitigate of social impacts and to enhance of the positive impacts of the subproject to the community as well as participating in the O&M activities.

FWUCs and Village Support Organization will facilitate to disseminate the subproject-related information to villagers and assist the villagers in lodging complaints (if any).

Appendix 1 35

List of Participants in the Consultation Meeting

36 Appendix 1

Appendix 1 37

PHOTOS TAKEN DURING DDREM PREPARATION Consultation Meeting and FGD in Baray Sangkat

38 Appendix 2

Consultation Meeting and FGD in Angkor Borei commune