Indigenous Peoples Plan

______

Project number: 41220-013 August 2019

PHI: Integrated Natural Resources and Environmental Management Project

Subproject: Rehabilitation of Bobong Access Road, Kitaotao, Bukidnon

Prepared by the Municipality of Kitaotao, Province of Bukidnon for the Department of Natural Resources and the Asian Development Bank.

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

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

ii

CURRENCY EQUIVALENTS (as of 29 August 2019) Currency unit – peso (PhP) PhP 1.00 = $ 0.019 $1.00 = PhP 52.27

ABBREVIATIONS

AD Ancestral Domain ADSDPP Ancestral Domain Sustainable Development and Protection Plan ADB Asian Development Bank BDP Barangay Development Plan BWFAI Bobong Watershed Farmers Association, Inc. COE Council of Elders DENR Department of Environment and Natural Resources EMP Environmental Management Plan GRM Grievance Redress Mechanism ICC Indigenous Cultural Communities IEC Information Education and Communication INREMP Integrated Natural Resources and Environment Management Project IP Indigenous People IPMR Indigenous Peoples Mandatory Representative IPP Indigenous Peoples Plan IPRA Indigenous People's Rights Act IRA Internal Revenue Allotment LGU Local Government Unit MOA Memorandum of Agreement NCIP National Commission on Indigenous Peoples NPCO National Project Coordinating Officer NRM Natural Resources Management RI Rural Infrastructure RPCO Regional Project Coordinating Office SPMU Sub Project Management Unit SPS Safeguard Policy Statement

GLOSSARY

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

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

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

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

iv

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

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

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

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

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

v

TABLE OF CONTENTS

I. EXECUTIVE SUMMARY ...... 1 II. INREMP AND SUBPROJECT DESCRIPTION ...... 2 III. SOCIAL IMPACT ASSESSMENT ...... 5 A. Relevant Legal and Institutional Framework Applicable to the Indigenous Peoples...... 5 1. Philippine Constitution of 1987 ...... 5 2. Indigenous Peoples Rights Act of 1997 (RA 8371) ...... 5 3. NCIP Administrative Order No. 3, Series of 2012 ...... 6 4. DENR-NCIP Memorandum of Agreement and Implementing Guidelines ...... 6 5. Basic Principles of ADB Safeguard Policy, 2009...... 6 B. Brief Description about the Indigenous Peoples in the Project Site ...... 8 1. Population ...... 8 2. Ethnicity and Cultural Practices ...... 9 3. Education ...... 9 4. Housing and Living Conditions ...... 9 5. Income and Expenditure ...... 10 C. Key Project Stakeholders ...... 10 E. Anticipated Positive and Negative Impacts of the Subproject and Corresponding Enhancing and Mitigating Measures ...... 11 IV. CONSULTATION, PARTICIPATION AND INFORMATION DISCLOSURE ...... 12 A. Consultation and Participation ...... 12 B. Information Disclosure ...... 15 V. BENEFICIAL AND MITIGATIVE MEASURES ...... 16 VI. CAPACITY BUILDING ...... 17 VII. GRIEVANCE REDRESS MECHANISM ...... 18 VIII. MONITORING, REPORTING AND EVALUATION ...... 19 A. Internal Monitoring ...... 19 B. External Monitoring ...... 20 C. Reporting ...... 20 IX. INSTITUTIONAL ARRANGEMENT ...... 20 X. BUDGET AND FINANCING ...... 22

vi

LIST OF TABLES

Table 1: Sex-Disaggregated Data of the Project Influence Area per Ethnic Group ...... 9 Table 2: Barangay Bobong Revenue and Expenditure ...... 10 Table 3. Number of Participants in the Consultation Meetings during IPP Preparation ...... 13 Table 4. Summary of Consultation Meetings Conducted during the IPP Preparation ...... 13 Table 5. Summary Matrix of Impacts and Enhancement/Mitigation Measures ...... 16 Table 6. Implementation Schedule of the IPP ...... 22 Table 7. Proposed Budget for the Implementation of the IPP ...... 22

LIST OF FIGURES

Figure 1. February 2017 Field Validation Result of the Proposed Subproject ...... 4

LIST OF APPENDICES

Appendix 1. Minutes of the Public Consultation held on August 08, 2017 at Bobong, Kitaotao, Bukidnon ...... 24 Appendix 2. Internal Monitoring Indicators (Adapted from ADB’s Handbook on Resettlement: A Guide to Good Practice, 1998) ...... 37 Appendix 3. External Monitoring Indicators (Adapted from ADB’s Handbook on Resettlement: A Guide to Good Practice, 1998) ...... 39 Appendix 4. Executive Order Creating the SPMU for the Implementation of the Rehabilitation of Bobong Access Road ...... 41 Appendix 5. Excerpt from the 2019 Municipal Annual Investment Plan ...... 43

vii

I. EXECUTIVE SUMMARY

1. This Indigenous Peoples Plan (IPP) intends to address the indigenous peoples’ (IPs’) concerns/issues on the proposed Rehabilitation of Bobong Access Road in Barangay Bobong, Municipality of Kitaotao, Bukidnon Province under the Integrated Natural Resources and Environmental Management Project (INREMP). The subproject will involve the rehabilitation of an existing access road with a total distance of 3.89 km comprising of three (3) components: (i) re-graveling a length of 2.4 km; (ii) concreting a length of 402 m including the installation of a concrete line canal along the existing 240-m concrete road, and (iii) concreting of a foot trail with a length of 803 m with 1 m carriageway, 1 m shoulder on both sides, and 0.5 m concrete line canal. The road will have a 4m carriageway, 1 m shoulder and 0.5 m earth/ concrete canal on both sides. The subproject will be implemented by the Local Government Unit (LGU) of Kitaotao with an estimated amount Php15,800,000.00 for the duration of 240 calendar days.

2. There are no ancestral domain claims in Barangay Bobong based on the NCIP’s data. The proposed subproject will benefit 33% of the barangay’s total population or 208 IPs who belong to the Manobo Tribe. Around 5% of the members of the people’s organization (PO) beneficiary of INREMP’s Natural Resource Management subproject - Bobong Watershed Farmers Association, Inc. (BWFAI), also belong to the Manobo Tribe.

3. Consultations with the affected IPs and PO were conducted by the LGU of Kitaotao, Department of Environment and Natural Resources (DENR) - INREMP and its consultant on February 8-10, 2017 and August 8, 2017. The information discussed in the meetings include (i) subproject design; (ii) potential positive and negative impact of the subproject and (iii) proposed measures to mitigate negative impact and enhance positive impacts. There was a total of 126 participants in the consultations, of which majority are IPs (38 female and 28 male).

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

5. The proposed subproject will provide all year round easy and affordable access of basic services, improving delivery of basic government services, reducing hauling and transportation cost including travel time resulting to increase in family income, business and trade opportunities and increasing economic opportunities and conditions for the upliftment of the quality of life of the residents, especially the IPs/ Indigenous Cultural Communities (ICCs) of the Manobo Tribe. The subproject will also support the Natural Resources Management (NRM) project activities of the BWFAI. The participants during the consultations agreed with the subproject implementation since it will have positive impacts on the IP community including (i) increased household income; (ii) ease in the transport of produce to the market; (iii) enhanced access to healthcare and other government services and (iv) provision of jobs to the IPs as contractual laborers. Proposed measures to enhance the positive impacts include (i) provision of trainings on basic financial management and support to the IPs who want to open a bank account; (ii) passage of a barangay ordinance to regulate traffic flow, vehicular volume, hauling cost of farm produce to the market, farm produce pricing and hauling cost of seedlings to farm/ plant sites; (iii) IEC and consultations that will consider responsiveness and sensitivity to the traditional culture of the IP community; and (iv) development of local first hiring policy, provision of skills training to the IPs and disclosure of employment information.

6. Although there are no significant negative impacts identified during these consultations, the beneficiaries of the subproject mentioned some concerns that may bring about negative

1 impacts to the community if not mitigated such as: (i) garbage; (ii) noise, dust, mud, smoke during road rehabilitation; (iii) possibility of increase in road accidents upon completion of the rehabilitation; (iv) demand for use of water supply and (v) possible negative impact on the IP culture. During the consultations, the participants perceived that there will be no long-term adverse impacts as long as mitigating measures to address these potential negative impacts are implemented. The mitigation measures identified are: (i) compliance of the contractor on the mitigation measures before, during and after construction as stated in the Environmental Management Plan (EMP); (ii) the ordinances of the barangay LGU on speed limit and curfew hours will be disclosed regularly and strictly implemented including installation of speed limit boards along the road and (iii) any other development project that will be implemented as a result of the rehabilitation of the road, the LGU will closely observed the process of engaging the IPs as provided for under IPRA and NCIP Administrative Order No. 3. The LGU will also work closely with the different schools to ensure that cultural revival and enhancement activities in the community are observed in close coordination with the NCIP.

7. All participants in the meetings agreed and support the subproject implementation and underscored the benefits that will be derived by the community in the rehabilitation of the access road. The IP participants manifested the IP community’s preference for the conduct of a tribal ritual before the implementation of the subproject.

8. Complaints of any member of the IP communities regarding the subproject implementation will be handled following the customary dispute resolution process in priority. In resolving disputes among the IPs, the determination or decision will usually be reached through dialogue and consensus. If no satisfaction is obtained or an impasse results, the IP communities can elevate their complaints and grievances to the LGU of Barangay Bobong. Should an impasse persist, the complaint/grievance can be elevated to the NCIP legal unit (Region/Central) for the necessary action/decision. The grievance redress mechanism has been discussed with the beneficiaries and will be included in the IEC materials that will be disseminated.

9. The IPP implementation will be internally monitored by the LGU Sub Project Management Unit (SPMU) and externally by an external monitoring agency (EMA). The EMA will submit semi- annual reports to the DENR-INREMP through the National Project Coordinating Office (NPCO), who in turn will submit the reports to ADB for review and disclosure.

10. In terms of capacity building initiatives, the municipality outlines various training with respect to all affected IPs, including women and youth. These trainings are meant to be held collectively for the tribe and/or the barangay at a time and place chosen by the participants and will be specifically customized for each target participant. Training on IP related issues based on ADB SPS and the Indigenous Peoples Framework of INREMP will be provided to the LGU. The Municipality of Kitaotao allocated about Php 200,000.00 for support to IPs in collaboration with other government agencies.

11. The estimated cost for the IPP implementation of the subproject is Php 40,000.00. This cost will be covered from either INREMP and/or LGU funds activities.

II. INREMP AND SUBPROJECT DESCRIPTION

1. The INREMP, implemented by DENR with funding from Asian Development Bank (ADB), International Fund for Agricultural Development (IFAD), and Climate Change Fund (CCF), addresses the unsustainable watershed management in four (4) priority river basins: (i) the Chico

2

Upper River Basin in the Cordillera Administrative Region, Northern Luzon; (ii) the Wahig– Inabanga River Basin on the island of Bohol in Region 7; (iii) the Lake Lanao River Basin in the province of Lanao del Sur in the Autonomous Region of Muslim Mindanao; and (iv) the Bukidnon Upper River Basin in Bukidnon and Misamis Oriental provinces in Northern Mindanao (Region 10).

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

3. Under Output 2, the LGU of Kitaotao, Bukidnon has proposed the Rehabilitation of Bobong Access Road as one of the subprojects under INREMP. The subproject will involve the rehabilitation of an existing access road with a total distance of 3.89 km comprising of three (3) components: (i) re-graveling a length of 2.445 km; (ii) concreting a length of 402 m including the installation of a concrete line canal along the existing 240-m concrete road and (iii) concreting of a foot trail with a length of 803 m with 1 m carriageway, 1 m shoulder on both sides and 0.5 m concrete line canal. The portions of the road which will be re-graveled and concreted will have a 4m carriageway, 1 m shoulder and 0.5 m earth/ concrete canal on both sides (Figure 1).

4. The road network is in a state of disrepair due to insufficient funds of the barangay. Farm inputs and products coming out and other goods coming in are very difficult to transport during rainy season since the most common mode of transportation is habal-habal. Farmers are obliged to sell their farm produce to the nearby business district (Don Carlos) which is 25 km away at low price rate due to high maintenance cost. The present road network is from Bobong to Barangay Bershiba where the provincial road is located up to the paved national highway connecting the Municipality of Don Carlos to the Municipality of Kadingilan. The populace of barangay Bobong can reach Poblacion, Kitaotao via Don Carlos municipality with a distance of 25 km. The other alternative route is from Barangay Bobong to Barangay Kauyonan passing through a hilly trail and crossing the Muleta River through a foot bridge. Although this route is only nine (9) km away going to the Poblacion, this would require opening and constructing of new access road and not just mere road rehabilitation. This would also entail considerable amount of needed budget and would greatly cover extensive areas which are classified as alienable and disposable areas.

5. The Bobong access road rehabilitation is much needed by the LGU of Kitaotao which cannot afford to construct such project due to insufficient funds. The LGU has always been seeking for financial assistance to address this problem of the populace. The farmers in the area produce corn, sugarcane and other crops as their income sources. The rehabilitation of access road will encourage the farmers to increase their production and also encourage them in supporting programs initiated by the government. With the rehabilitation of the access road, the farmers will be able to transport their farm produce at any time and at a lower cost.

3

Figure 1. February 2017 Field Validation Result of the Proposed Subproject

6. The completion of the subproject is expected to:  Reduce travel time for convenient marketing of farm products and Inputs by 20% (from 45 min to 35 min);  To reduce transportation cost by 10%. (from PHP100 to Php90);  To reduce hauling cost of sugarcane by 20%. (from P500 to P400);  To reduce hauling cost of corn by 20% (from P1.00 to P0.80); and  Support INREMP NRM subproject sites.

7. Based on Barangay Bobong’s 2016 BDP, it has a total population of 631 of which 343 are males and 288 are females. The IPs in the barangay has a total of 208 individuals or 33% of which 113 or 54% constitute the males and 95 or 46% are females. They are mostly residing at Purok 1 and Purok 2 where the proposed subproject is located. These indigenous people belong to the Manobo tribe. On the other hand, about 5% of the members of the PO of BWFAI also belong to the Manobo Tribe.

4

III. SOCIAL IMPACT ASSESSMENT

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

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

9. The ADB, Philippine Government and proponents shall recognize the vital role of IPs as autonomous partners in development and shall fully support the development and empowerment of indigenous people or associations to pursue and protect their legitimate and collective interests and aspirations. Thus, all involved in the project will recognize, protect and promote the rights of indigenous cultural communities/indigenous peoples establishing implementing mechanisms, appropriating funds therefor, and for other purposes.

1. Philippine Constitution of 1987

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

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

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

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

12. The IPRA provides for the recognition of the traditional rights of Indigenous Peoples over their ancestral domains through the issuance of Certificates of Ancestral Domain Title (CADT). It recognizes the rights of ICC’s to define their development priorities through their own Ancestral Domain Sustainable Development and Protection Plan (ADSDPP) and exercise management and utilize the natural resources within their traditional territories.

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

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

4. DENR-NCIP Memorandum of Agreement and Implementing Guidelines

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

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

5. Basic Principles of ADB Safeguard Policy, 2009

16. ADB Policy on Safeguards requirement for Indigenous peoples recognizes the right of Indigenous People to direct the course of their own development. Indigenous people are defined in different countries in various ways. For operational purpose, the term Indigenous people is used to refer to a distinct, vulnerable, social and cultural group with following characteristics: a. Self-identification as members of a distinct indigenous cultural group and recognition of this community by others; b. Collective attachment to geographically distinct habitats or ancestral territories in the project area and to the natural resources in the habitats;

6

c. Customary, cultural, economic, social or political institutions that are separate from those of dominant society and culture; and d. A distinct language, often different from the official language of the country or region.

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

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

e. Avoid, to the maximum extent possible, any restricted access to and physical displacement from protected areas and natural resources. Where avoidance is not possible, ensure that the affected Indigenous Peoples communities participate in the design, implementation, and monitoring and evaluation of management arrangements for such areas and natural resources and that their benefits are equitably shared. f. Prepare an Indigenous Peoples plan (IPP) that is based on the social impact assessment with the assistance of qualified and experienced experts and that draw

7

on indigenous knowledge and participation by the affected Indigenous Peoples communities. The IPP includes a framework for continued consultation with the affected Indigenous Peoples communities during project implementation; specifies measures to ensure that Indigenous Peoples receive culturally appropriate benefits; identifies measures to avoid, minimize, mitigate, or compensate for any adverse project impacts; and includes culturally appropriate grievance procedures, monitoring and evaluation arrangements, and a budget and time-bound actions for implementing the planned measures. g. Disclose a draft IPP, including documentation of the consultation process and the results of the social impact assessment in a timely manner, before project appraisal, in an accessible place and in a form and language(s) understandable to affected Indigenous Peoples communities and other stakeholders. The final IPP and its updates will also be disclosed to the affected Indigenous Peoples communities and other stakeholders. h. Prepare an action plan for legal recognition of customary rights to lands and territories or ancestral domains when the project involves (i) activities that are contingent on establishing legally recognized rights to lands and territories that Indigenous Peoples have traditionally owned or customarily used or occupied, or (ii) involuntary acquisition of such lands. i. Monitor implementation of the IPP using qualified and experienced experts; adopt a participatory monitoring approach, wherever possible; and assess whether the IPP’s objective and desired outcome have been achieved, considering the baseline conditions and the results of IPP monitoring.

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

19. The section describes general socio-economic profiles of the IPs in Barangay Bobong. The information was collected from the 2015 PSA survey which became the basis of Barangay Bobong’s 2016 Barangay Development Plan (BDP).

20. To ensure that a baseline data of the IPs is obtained to be able to monitor and evaluate if all the impacts by the subproject are effectively managed, a data gathering on the IPs will be conducted before monitoring. Similarly, the LGU will also gather available baseline information from the Municipal Social Welfare and Development Office (MSWDO), Municipal Health Office (MHO), and Municipal or Barangay Indigenous People’s Mandatory Representative’s (IPMR) Offices.

1. Population

21. Table 1 shows that Barangay Bobong has a total population of 631 of which 343 are male and 288 are female. The IPs in the barangay has a total of 208 individuals or 33% while the Cebuanos total 423 or 67%. Among the IPs, 113 or 54% constitute the male and 95 or 46% are female and among the Cebuanos, 230 or 54% comprise the male and 46%, the female. Given the 2016 total population of 631 and the total land area of 1,597 ha, the population density for 2016 is 2.53 or 3 persons per ha. The common medium of communication in the barangay is Cebuano, just like in other barangays of the municipality. Although there are Manobos in the area, still Cebuano is the commonly used language by the people of Barangay Bobong.

8

Table 1: Sex-Disaggregated Data of the Project Influence Area per Ethnic Group Ethnic Groups No. of Population Male Female Total Percentage Cebuano 230 193 423 67% Manobo 113 95 208 33% TOTAL 343 288 631 100% Source: 2016 BDP of Barangay Bobong

2. Ethnicity and Cultural Practices

22. The Manobo is a group of IPs that inhabit most of Mindanao Island. The anthropologist E. Arsenio Manuel believed that the proto-Manobo were the original people of Mindanao and this explains why they are scattered throughout Mindanao, including the Agusan provinces, Bukidnon, Cotabato provinces, Davao provinces, and Sarangani1. There are several subgroups among the Manobo due to linguistic and cultural differences. The Manobo speak a language categorized into three (3) dialects, namely Ilentungen, Kiriyenteken, and Pulangiyen. Livelihood of the Manobo is land-based including upland cultivation of rice, corn, legume, yams, and sweet potato, hunting and food gathering. Their settlements are generally kin-oriented nuclear groups located along mountain ridges.

23. Although there are no ancestral domain claims in Barangay Bobong based on the NCIP’s data, the proposed subproject will benefit 33% of the barangay’s total population or 208 IPs who belong to the Manobo Tribe. Around 5.13% of the members of the people’s organization (PO) beneficiary of INREMP’s Natural Resource Management subproject—Bobong Watershed Farmers Association, Inc. (BWFAI), also belong to the Manobo Tribe.

3. Education

24. Due to the geographic location and considerable number of school age population, the Bobong Elementary School has been established at the barangay proper catering school children from its four (4) puroks/sitios. There is also a Day Care center for pre-school children. Currently, the elementary school has 109 students of which 33% or 26 students are IPs while the Day Care has 22 IP students. For the secondary education, some children proceed to high school at the nearest school located at Masimag, Municipality of Don Carlos since it is more accessible, around 16 km away from the barangay.

4. Housing and Living Conditions

25. Due to lack of access to decent affordable housing, poor residents are forced to live in makeshift dwellings. Observations revealed that relocation or the provision of residential lots or housing units for the poor segment of population has not been successful because of low financial affordability level. The average proportion of 27% or 35 households are living in informal settlements or makeshift houses. At present, the barangay allocated 1 ha lot for the provision of residential houses for the low-income families of the barangay through the assistance of the provincial government. The major economic activity in the barangay is on agriculture, wherein 100% of the people are engaged in farming. Some of the IP residents of the barangay are working

1 Manobo, Western Bukidnon. Availability: https://www.ethnologue.com/language/mbb

9 in Dole, Philippines located at Don Carlos, Bukidnon while others are working in sugar plantations in the area and other nearby barangays.

5. Income and Expenditure

26. Barangay Bobong has a total tax revenue of Php 1,537,827.61 in 2015 which is derived from the Internal Revenue Allotment (IRA), share on real property tax, business tax, share on community tax, clearance & certification fee, miscellaneous income, grants and donations. Table 2 shows the three (3) year comparative tax revenues and expenditures of Barangay Bobong.

Table 2: Barangay Bobong Revenue and Expenditure Year Revenue Expenditure Percentage Surplus 2015 1,537,827.61 1,494,675.41 97% 43,152.20 2014 1,454,455.59 1,314,292.05 90% 140,163.54 2013 1,133,267.29 944,409.41 83% 188,857.88 Source: MBO, 2015

27. Barangay Bobong at present is IRA dependent. Without this allotment, the barangay could not implement any PPAs intended for them. Evaluating the tax revenues including the IRA against the expenditures of the barangay, it was observed the surplus could not contribute any considerable amount or budget for the rehabilitation of Bobong access road. As mentioned above, some IP residents of the barangay are working at Dole Philippines and according to the LGU, has a monthly salary of around Php 8,788.00. However, the IPs hired in sugar plantations are usually during planting and harvesting seasons only.

28. Based on the Community Base Monitoring System (CBMS) survey in the municipality of Kitaotao in the year 2008, the annual per capita food threshold and per capita poverty threshold of Barangay Bobong is Php 8,675.00 and 10,450.00 respectively. This would mean that 60% of the people in barangay Bobong live below the given food and poverty threshold.

C. Key Project Stakeholders

29. Key subproject stakeholders for the IPs are as follows:  IP and non-IP households in Barangay Bobong  DENR is the executing agency of the Project;  NPCO shall oversee all safeguards compliance and provide technical support in the preparation and implementation of the IPP;  LGU of Municipality of Kitaotao and its SPMU shall support the IPP implementation is the implementing agency of the subproject;  LGU of Barangay Bobong under the guidance of LGU of Kitaotao;  Council of Elders (CoE) looks after the welfare of the tribe and its members;  NCIP that is the primary agency in regulation and support of the IPs in the area; and  Contractors which are private and independent companies contracted by the LGU/DENR for the subproject implementation.

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

10

D. Gender-Sensitive Assessment of IP Perceptions

31. During the IPP preparation, consultations with both IP men and IP women regarding the impacts on the IPs by the subproject implementation were conducted on August 8, 2017. To ensure that the gender perspective is addressed, 57% or 54 IP women were also consulted during this activity out of 95 IP women living in Barangay Bobong based on the 2016 BDP of the barangay. Significantly, the women have also been consulted regarding their perspective on the subproject’s anticipated impacts on their livelihood, travelling, transportation of inputs/outputs of farming, etc., and corresponding measures to mitigate the adverse impacts as well as to enhance the positive impacts.

32. The proposed subproject will encourage the involvement of both the males and females. New employment opportunities for the subproject during the construction phase will be created for both IP men and women. Men are to carry out manual and unskilled tasks while women can work as a timekeeper, caretaker of the bunkhouse or to check the attendance of the workers. Moreover, increased productivity, increase in additional income and more opportunities for IP women are the tangible benefits to women with the proposed subproject. Reduction in transportation costs will translate into extra cash for women who do the family budget. Saved extra cash can be spent to other needs of families such as healthcare and education. Ease of transport will directly impact on the improved safety and health of women and children, as healthcare services will be more accessible.

33. The women will also be involved in the planning, consultation, monitoring and evaluation activities as well as during the operation and maintenance of the completed subproject.

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

34. During the consultation with the IPs and other stakeholders during the IPP preparation, the participants identified the positive impacts and possible negative impacts of the subproject on the IPs. With reduction in the post-harvest losses, travel time, hauling and fare costs once the road will be rehabilitated, household income will likely increase. This will in turn provide the community, including the IPs, opportunities to engage in other sources of income and will also generate more employment for farm workers from outside investors. To ensure that the possible negative impact of increased household income among the IP communities is managed, trainings on basic financial management will be made part of the capability building intervention. Further, IP families who would want to avail of services on how to open a bank account will be assisted by the LGU in close coordination with NCIP.

35. Once the road is rehabilitated, hauling of farm inputs and farm produce such as high-value crops, root crops, corn and abaca will be easily transported to the nearest market once the access road is rehabilitated. It will most likely boost the cycle of economic activities in the influence area; hence, public utility vehicles may also increase their number of trips to serve the increasing demand of transportation services. The barangay LGU can come up with an ordinance to regulate the traffic flow, vehicular volume and transportation/ hauling cost of farm produce to the market. The SPMU can provide the necessary inputs/ training/ guidance on this to the barangay.

36. During the public consultation, a participant said that emergency situations could easily be responded to due to the rehabilitation of the road. In the same manner, Health Service Providers can easily disseminate and acquire vital information on health issues and respond to concerns on time. Government agencies including the LGU will be able to regularly visit and

11 monitor the area to deliver the needed services particularly provision of skills trainings and capability building to enhance the IP community’s capacity to engage in livelihood, financial assistance and marketing linkages. Due to this, the IEC and consultations that will be conducted will consider responsiveness and sensitivity to the traditional culture of the IP community.

37. To enhance the positive impacts, trainings on other sources of livelihood will be provided to the IPs according to their interest, this activity will be made part of the capability building program. With the provision of job hiring scheme in the implementation of the subproject, “local first hiring policy” will be developed to ensure that hiring of local IP laborers and workers including women must be prioritized through Memorandum of Agreement (MOA) between Contractor and the procuring entity. Provision of priority for IP laborers will be included in the contractor bidding documents and civil work contracts. Recruitment information should be disclosed to local people, including IPs, by being posted in tribal halls and barangay Bobong office or be informed to the IPs by the CoE. During the consultation meeting, the women participants perceived that they could be the timekeeper, caretaker of the bunkhouse or to check the attendance of the workers. Additionally, skills training will be provided to the IPs so that they can have better opportunities to be qualified for employment. IEC materials will be prepared in English and the language spoken by and understandable to the IPs.

38. Although there are no significant negative impacts identified during these consultations, the beneficiaries of the subproject mentioned some concerns that may bring about negative impacts to the community if not mitigated such as: (i) garbage; (ii) noise, dust, mud, smoke during road rehabilitation; (iii) possibility of increase in road accidents upon completion of the rehabilitation; (iv) demand for use of water supply and (v) possible negative impact on the IP culture. During the consultations, the participants perceived that there will be no long-term adverse impacts as long as mitigating measures to address these potential negative impacts are implemented. The mitigation measures identified are: (i) compliance of the contractor on the mitigation measures before, during and after construction as stated in the Environmental Management Plan (EMP); (ii) the ordinances of the barangay LGU on speed limit and curfew hours will be disclosed regularly and strictly implemented including installation of speed limit boards along the road and (iii) any other development project that will be implemented as a result of the rehabilitation of the road, the LGU will closely observed the process of engaging the IPs as provided for under IPRA and NCIP Administrative Order No. 3. The LGU will also work closely with the different schools to ensure that cultural revival and enhancement activities in the community are observed in close coordination with the NCIP. During the consultation, the barangay’s Indigenous Peoples Mandatory Representative (IPMR), Datu Mario A. Sulatan, said that the subproject will not have any negative impact on the IP’s culture. However, he simply emphasized the need to have a ritual before the project starts. He also said that there are no important cultural or archeological sites in the subproject area.

IV. CONSULTATION, PARTICIPATION AND INFORMATION DISCLOSURE

A. Consultation and Participation

39. During the IPP preparation, three (3) public consultations/meetings in Barangay Bobong were conducted with the IP communities and relevant stakeholders by DENR/INREMP and Community Environment and Natural Resources Office (CENRO) Don Carlos and LGU of Kitaotao. The consultations provided venue for the discussion of the subproject description, proposed civil works and the anticipated positive and negative impacts and corresponding measures to mitigate the negative and enhance the positive impacts. All the participants

12 confirmed that the Rehabilitation of the Bobong Access Road is essential for the economic development of Barangay Bobong.

40. As mentioned, 57% or 54 IP women were also consulted out of 95 IP women living in Barangay Bobong based on the 2016 BDP of the barangay. The women have also been consulted regarding their perspective on the subproject’s anticipated impacts on their livelihood, travelling, transportation of inputs/outputs of farming, and corresponding measures to mitigate the adverse impacts as well as to enhance the positive impacts.

41. The table below summarizes the consultation activities which were carried out during the IPP preparation.

Table 3. Number of Participants in the Consultation Meetings during IPP Preparation Date of Consultation Activity Total Males Females February 8, 2017 Meeting with LGU of Kitaotao, 26 21 5 SPMU and other stakeholders February 10, 2017 Meeting with Local Chief 22 21 1 Executive, representatives of SPMU and INREMP August 8, 2017 Meeting with IP community 78 24 54 Total 126 66 60

42. On February 8-10, 2017, the INREMP technical team arrived at the Municipality of Kitaotao and initiated an orientation with the LGU of Kitaotao, SPMU and field implementing units to discuss the objectives of the visit. After the orientation, a site inspection was conducted to validate the scope of works and location of the subproject. A write shop subsequently conducted which was attended by the Local Chief Executive, SPMU and INREMP focal persons.

43. On August 8, 2017, another public consultation meeting with the assistance of the consultant was conducted with the IP communities, officers and members of BWFAI in the subproject area by DENR/INREMP and CENRO Don Carlos and LGU of Kitaotao. All in all, a total of 126 participants participated in the meetings, of which women account for 48%. Among 126 participants, 66 or 52% belong to the Manobo Tribe.

44. The consultations were conducted in the Cebuano and binukid language which are both understood and spoken by the Manobo and the discussions were documented. The minutes of the meeting is attached in Appendix 1. The results of the consultation were positive, with local people considering that the road rehabilitation will bring significant economic benefits to the barangay and increase trade flows.

45. The table below summarizes the concerns and opinions raised by the participants during the consultation meetings and how the concerns and opinions have been addressed.

Table 4. Summary of Consultation Meetings Conducted during the IPP Preparation Opinions, Suggestion and Concerns How the Opinions, Concerns and Issues Raised by the Participants Suggestions have been Addressed Subproject  All participants agreed with the  Participants assured by the LGU Design rehabilitation of the Bobong Access that no trees will be affected Road with a total distance of 3.89 km comprising of three (3) components: (i) re-graveling a length of 2.445 km; (ii) concreting a length of 402 m including

13

Opinions, Suggestion and Concerns How the Opinions, Concerns and Issues Raised by the Participants Suggestions have been Addressed the installation of a concrete line canal along the existing 240-m concrete road and (iii) concreting of a foot trail with a length of 803 m with 1 m carriageway, 1 m shoulder on both sides and 0.5 m concrete line canal. The portions of the road which will be re-graveled and concreted will have a 4m carriageway, 1 m shoulder and 0.5 m earth/ concrete canal on both sides.  Is the subproject area in the ancestral  No ancestral domain claims based on domain area? the data from the NCIP. This has been confirmed also by Engr. Umali. Anticipated  With reduction in the post-harvest positive losses, travel time, hauling and fare impacts and costs once the road will be proposed rehabilitated, household income will measures to likely increase. This will in turn provide enhance the the community, including the IPs, positive opportunities to engage in other impacts sources of income and will also generate more employment for farm workers from outside investors.  Hauling of farm inputs and farm produce such as high-value crops, root crops, corn and abaca will be easily transported to the nearest market once the access road is rehabilitated.  emergency situations could easily be responded to due to the rehabilitation of the road. In the same manner, Health Service Providers can easily disseminate and acquire vital information on health issues and respond to concerns on time. Government agencies including the LGU will be able to regularly visit and monitor the area to deliver the needed services  Most of the IPs in the subproject area  Employment priority will be given to the who are unskilled labors wondered IPs in the barangay. Skills training will whether they are employed by the be provided to the IPs so that the IPs construction contractor(s). have better opportunities to be qualified for employment.  Information on recruitment will be posted in accessible places. Anticipated  During the construction phase, there  The beneficiaries suggested that the negative will be some environmental impacts contractor should have its own impacts and such as noise, dust, obnoxious gas and compost pit and should practice proposed particulate emissions, spilling diesel, segregation and composting of bio- measures to solid waste, including garbage, etc. degradable and non-biodegradable mitigate the caused by the construction activities. garbage. During the public consultation, the Barangay Chairman

14

Opinions, Suggestion and Concerns How the Opinions, Concerns and Issues Raised by the Participants Suggestions have been Addressed negative said that they have an ordinance impacts regarding proper disposal of wastes.  These environmental impacts and corresponding measures to mitigate the impacts will be incorporated into the EMP and the construction contractor(s) will be required to comply with the measures specified in the agreed documents. Additionally, the barangay LGU and IP community will monitor the implementation of the measures.  Road accidents might increase due to  The Barangay Chairman pointed out over speeding of all vehicles passing that the barangay officials will formulate by the residential areas. ordinances relating to speed and cargo load limit.  Demand for use of water supply – both  According to the participants, this potable and non-potable particular aspect is not of any concern. They added that, regarding the need for non-potable water, the contractor may just get the water from the nearest spillway where the subproject will also start.  Loud noise of trucks and equipment in  The contractor will avoid night-time the community especially at night might construction works considering also cause disturbance at nighttime. that the barangay has an existing ordinance on the observance of curfew starting at 10:00 PM  The subproject causes no impact on  The construction contractor(s) with the IP culture, the participants, support from the Council of Elders will however, emphasized the need to have conduct a ritual before the rehabilitation a ritual before rehabilitation starts. activities commence. Grievance  Complaints of any member of IP redress community will be resolved following mechanism customary dispute resolution process within the community. Implementation  How long will the road rehabilitation  It takes about 8 months to complete the schedule activities complete? road rehabilitation.  The IPs hope to be informed when the  The implementation schedule of the construction works start or the subproject, especially of construction conduct of a pre-construction meeting activities will be updated to the IP with the community community regularly.

EMP = Environmental Management Plan; IPs = Indigenous Peoples; IPMR = Indigenous Peoples Mandatory Representative; LGU = Local Government Unit

B. Information Disclosure

46. The final IPP, updated IPP, if any, internal and external monitoring reports will be submitted to ADB for posting on their website, DENR-Forest Management Bureau (FMB), the LGU of Kitaotao, and the affected barangay office, DENR regional office, which will make them

15 available to the public in English or Pilipino and made available and accessible, posted if possible, in public places such as barangay halls.

V. BENEFICIAL AND MITIGATIVE MEASURES

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

Table 5. Summary Matrix of Impacts and Enhancement/Mitigation Measures Subproject Impacts Enhancement or Targets Responsible Unit Estimated Cost Mitigative Measures POSITIVE IMPACTS Increase in household Provision of trainings on IPs, especially IP LGU of Kitaotao Php 5,000 per income. basic financial women SPMU day for 20 management or on other BWFAI participants sources of livelihood NCIP according to the interest of IPs, that will be included in the capability building activities. Providing support to the IPs who want to open a bank account will be assisted by the LGU in close coordination with NCIP Ease in the transport Passage of legislation to Barangay LGU of Bobong Included in the of produce to the regulate the traffic flow, residents budget of LGU market. vehicular volume and of Barangay transportation/ hauling Bobong cost of farm produce to the market. The SPMU can provide the necessary inputs/ training/ guidance on this to the BLGU. Increase access to IEC and consultations Barangay LGU of Kitaotao, Included in the health services and that are culturally residents Council of Elders budget of LGU other government sensitive can be of Kitaotao services conducted to inform the IP communities of government/ LGU services that can be availed of. Government/ LGU services and processes that will be undertaken in IP communities will uphold IP’s cultural sensitivity. Provision of jobs to as Development of “local IPs under the LGU of Kitaotao Php 5,000 per contractual laborers. first hiring policy”. working age Construction day for 20 Provision of skills training contractor(s) participants to the IPs so that the IPs can have better opportunities to be qualified for employment.

16

Subproject Impacts Enhancement or Targets Responsible Unit Estimated Cost Mitigative Measures Disclosure of employment information in accessible places such as barangay offices, DENR regional office and tribal halls.

NEGATIVE IMPACTS Garbage As mitigation measures Contractor(s) Construction Included in the proposed in the EMP. contractor(s) budget of EMP The barangay LGU and LGU of Barangay the SPMU should closely Bobong monitor the SPMU implementation of the contractor(s). Noise, dust, mud, As mitigation measures Contractor(s) Construction Included in the smoke during road proposed in the EMP. contractor(s) budget of EMP rehabilitation. The barangay LGU and LGU of Barangay the SPMU should closely Bobong monitor the SPMU implementation of the contractor(s). Possibility of increase Formulation and regular All residents LGU of Kitaotao Included in the in road accidents upon disclosure of the speed and/ or LGU of budget of the completion of the limit ordinance Bobong Municipal or rehabilitation. Provision of speed limit Barangay LGU boards along the road

Possible negative Conduct of a ritual prior All residents Construction For the ritual, impact on the IP to the start of contractor(s) included in the culture construction activities. Council of Elders contractor’s Cultural revival and LGU of Kitaotao budget enhancement activities in (estimated to be the community. around Php 7,000). For cultural revival, included in the budget of LGU of Kitaotao

VI. CAPACITY BUILDING

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

49. Before arranging skill development trainings, the IP community will be organized for orientation workshop by designated person in the SPMU with possible assistance from a non- government organization/academe staff in the locality on expected subproject output, benefits

17 and needed skills to enhance the positive impacts and mitigate the negative impacts. The orientation program will comprise sessions on development of the human capital especially women and youth groups by acclimatizing them to the oncoming opportunities, enhancing traditional and other learned skills and empowering them in a socio-culturally beneficial and appropriate manner. Specific trainings will be identified in the orientation workshop and will be organized at various suitably located place as per convenience of the IP community.

50. In terms of capacity building initiatives, the municipality outlines various training with respect to all affected IPs, including women and youth. These trainings are meant to be held collectively for the tribe and/or the barangay at a time and place chosen by the participants and will be specifically customized for each target participant. Training on IP related issues based on ADB SPS and the Indigenous Peoples Framework of INREMP will be provided to the LGU. The Municipality of Kitaotao allocated about Php 200,000.00 for support to IPs in collaboration with other government agencies.

51. The estimated cost for the capacity building activities will be source from the municipality’s General Fund in which the Implementing Office is the Municipal Mayor’s Office as indicated in the LGU’s 2019 Annual Investment Plan particularly on the Support to Indigenous People. It is hoped that INREMP funds can be provided to support other capacity building initiative that may be needed during the course of subproject implementation.

VII. GRIEVANCE REDRESS MECHANISM

52. The LGU of Kitaotao has properly conducted the consultations with the different stakeholders of the subproject site. However, it still has to make room for possible issues, concerns, or grievances and disputes arising from the communities in relation to the subproject implementation. Thus, it sets up a grievance redress mechanism (GRM) to provide a venue for resolving grievances and disputes even at the lowest level. This will be done to resolve disputes as early and as quickly as possible before it escalates to an unmanageable level.

53. The GRM set up by the LGU of Kitaotao generally applies when the parties involve are non-IPs. In such a case, the BDC through the Lupon Committee will be the first group to be approached by the aggrieved party for any complaint. In case either group cannot resolve the matters at their level, they shall make proper documentation of the case and submit the same to the Municipal Development Council (MDC). The MDC will be the body to resolve the grievances endorsed to them by the BDC. In case the MDC is not able to resolve the disputes, the Complainant may then submit his/her complaint directly to the PPMC for INREMP, which will make every attempt to resolve the grievances at the local level. Lastly, if the complaint is not addressed to the satisfaction of the complainant and/or the public, the Complainant may then submit his/her complaint directly to the appropriate courts who will make every attempt to resolve the problem.

54. Meanwhile, as traditionally done, complaints of any member off the IP communities regarding the subproject implementation, including the IP issues will be addressed within the community itself in the context of their customary law and customary dispute resolution process. In resolving disputes among the IPs in the subproject area, the determination or decision is usually reached through dialogue and consensus. There may be several conflict resolution sessions according to the specific tribe’s customary laws before the dispute is resolved. Thus, there is no clear definite timeline on when the conflict or dispute should be settled at the level of the clan and the Council of Elders (CoE). The contact person for all disputes concerning IPs will be the Tribal

18

Chieftain of Barangay Bobong, Datu L. Aboy, and the barangay’s IPMR, Datu Mario A. Sulatan. They could only be contacted through the Barangay Chairman’s contact number – 09554477719.

55. Grievance will be handled as follows:  Dispute/grievance will be resolved first among the members of the clan;  If the said grievance/dispute is not resolved at the clan level, this will be brought to the level of the Council of Elders (COE); and  If still unresolved at the COE level, the said dispute/grievance will be submitted to the NCIP Regional Hearing Officer (RHO), for resolution, where the decision will be final and executory. The dispute/ grievance will be heard and adjudicated in accordance with the Rules on Pleadings, Practice and Procedures before the NCIP.

56. Complainants shall be exempted from all administrative and legal fees incurred pursuant to the grievance redress procedures. The LGU of Kitaotao and the Barangay LGU will maintain proper documentation of all complaints received and actions taken. Monthly reports on all complaints, disputes or questions received about the subproject and corresponding actions taken to resolve the issues will be prepared by the SPMU. These reports will be included in the semi- annual internal monitoring reports to be submitted to ADB.

VIII. MONITORING, REPORTING AND EVALUATION

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

A. Internal Monitoring

58. The DENR will set up an internal monitoring system comprising of an IP Safeguard Officer, IP community and representative of the affected IPs through their respective tribe and any other social institutions to monitor the IPP implementation. For daily monitoring of IPP, the Regional Project Coordinating Office (RPCO) will engage one dedicated person at community level, who will interact closely with the affected IP community on a priority basis. The staff will also disclose project information, and IP activities and program schedule. The RPCO will also observe progress at construction site and make plan of activities in accordance with IPP schedule in advance. The Implementing RPCO field person will monitor this activity. The Social Safeguards Expert will provide guidance to the RPCO, IP Safeguard Officer to carry out the tasks. Periodic internal monitoring report will be prepared by the IP Safeguard Officer.

59. The Council of Elder (CoE) may form one participatory monitoring group from a community who will monitor implementation activities including IPP and civil construction works. This community level participatory monitoring group will be trained by the RPCO who will work in close association with the community group and give necessary feedback to support internal daily monitoring and supervision of subproject construction and IP activities.

60. The indicators for internal monitoring of the IPP implementation is presented in Appendix 2.

19

B. External Monitoring

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

62. The indicators for external monitoring of the IPP implementation is presented in Appendix 3.

C. Reporting

63. The RPCO will submit quarterly monitoring report to NPCO. The NPCO will consolidate all reports and will prepare periodical reports for submission to ADB. In addition, NPCO will prepare semi-annual social safeguards monitoring report (SMR). The EMA will submit semi- annual reports to NPCO, who in turn, will be responsible for submitting the SMRs to ADB for review and disclosure. Monitoring reports will be uploaded on the ADB and INREMP websites for disclosure.

IX. INSTITUTIONAL ARRANGEMENT

64. Department of Environment and Natural Resources (DENR) is the executing agency for the INREMP and DENR has full responsibility for Project administration and management. The National Project Coordinating Office (NPCO) has been established at the DENR Central office to oversee the project implementation, including all safeguards compliance and technical support in the preparation and implementation of the IPP. The tasks of NPCO are to:  Coordinate with NCIP and field implementing units in the preparation, planning, and if needed, revision of the IPP;  Monitor the IPP implementation and fund disbursement;  Address grievances filed at its offices by the IPs for conflict mediation if these are not resolved at the regional level; and  With NCIP, amend or complement the IPP in case problems are identified during the internal and/or external monitoring of its implementation.

65. LGU of Barangay Bobong and the Bobong Watershed Farmers Association, Inc. will be responsible to:  Support the LGU of Kitaotao in the IPP implementation;  Facilitate consultations with the IPs;  Conduct information disclosure of the subproject including posting the relevant documents in accessible places and delivery of IEC materials to the IPs;  Coordinate with the SPMU in monitoring the implementation of the proposed measures as specified in the approved IPP and follow up the resolution of complaints and grievances raised by the IPs.

20

66. Municipal LGU of Kitaotao is the implementing agency of the subproject. The Municipal LGU is responsible for the following tasks.  Ensure that sufficient funds are available to properly implement the IPP;  Ensure that subproject implementation complies with the ADB SPS 2009 and regulations of the Government and tribal groups;  Obtain necessary approval(s) from NCIP and/or other concerned government agencies prior to commencement of activities;  Ensure that tender and contract document for design, supervision and civil works include the relevant IPP requirements;  Facilitate resolution of affected peoples' concerns;  Monitor the implementation of the measures specified in the approved IPP;  Submit periodic reports of implementation progress to the DENR;  Provide funds in capacity building needs identified to capacitate the IP stakeholders

67. Sub-project Management Unit (SPMU) was created by the LGU of Kitaotao through Executive Order No. 33 series of 2017 (Appendix 4). The SPMU is composed of four (4) sub- units: a) Infrastructure Management Unit; b) Social Environmental Safeguards Management Unit; c) Finance Management Unit and d) Monitoring and Evaluation Unit. The SPMU is mainly tasked to ensure that the implementation of the subproject and corresponding IP Plan and EMP are properly executed. Specifically, the SPMUs is expected to:  Prepare, implement and comply with the required social, technical and environmental safeguards, such as, but not limited to resettlement plan, acquisition of right of ways, environmental compliance certificate/ certificate of non-coverage to ensure the readiness of the subproject relative to these;  Incorporate social dimensions to the subproject design and implementation by conducting public consultation, information education and advocacy to the local development council and the communities;  Design and implement strategies and mechanisms to ensure sustainability of the subproject to include cost recovery, among others.  Ensure that IPP provisions are strictly implemented and monitored during the various project phases;  Adopt monitoring and evaluation system to generate baseline data and to monitor and evaluate the benefits and impact of the subproject.

68. National Commission Indigenous Peoples (NCIP) has responsibility to observe and comply with its duties and functions as follows.  Protect and promote the interest and well-being of the IPs with regard to their beliefs, customs, tradition and institutions;  Issue appropriate certification as a pre-condition to the issuance of permits, leases, grants or any other similar authority for the disposition, utilization, management, and appropriation by any private individual, corporate entity or any government agency, corporation or subdivision thereof on any part or portion of ancestral domains taking into consideration the consensus approval of the IPs concerned.  Ensure all terms and conditions stipulated in the Contract of Usufruct be respected and implemented and may impose sanctions or penalties for non-compliance with and/or violations of the terms and conditions of the Contract of pursuant to the pertinent provisions of the IPRA and other related Administrative orders and issuances;  Exercise its authority to conduct visitation of the area relative to the applicant’s program in order to secure the conditions and well-being of the ICCs/IPs;

21

 Handle grievances of the IPs if the grievances are not resolved satisfactorily at the level of CoE.

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

70. The Project Management Implementation Consultants (PMIC) The PMIC will be engaged to assist and work closely with the National Project Coordinating Office (NPCO), Regional Project Coordinating Office (RPCO), and concerned LGU on the various activities, including providing capacity to implement and monitor the IP activities.

71. The indicative implementation schedule of the IPP is presented in the table below.

Table 6. Implementation Schedule of the IPP Activities Indicative Schedule Setting up of subproject management unit March 2017 Procurement of contractor or bidding process June – August 2019 Review and Approval of the IPP September 2019 Disclosure of the IPP September 2019 Subproject Implementation September 2019-April 2020 Implementation of IPP September 2019 – April 2020 Updating of IPP March 2020 Implementation of mitigation measures and Start in September 2019 enhancement measures Capacity Building Start in October 2019 Internal Monitoring Continuous, starting 4th quarter 2019 External Monitoring Semi-annual (May and November) Submission of monitoring reports to ADB Semi-annually

X. BUDGET AND FINANCING

72. The estimated budget for the implementation of the IPP including the proposed capacity building activities is shown in the table below.

Table 7. Proposed Budget for the Implementation of the IPP No. of Training Estimated cost per Estimated Budget Activities Sessions Training Session (Php) (Php) A. Capacity Building Orientation of Indigenous 1 5,000.00 5,000.00 People Capacity building for the IP 1 5,000.00 5,000.00 beneficiaries Capacity building for staff of 1 10,000.00 10,000.00 Municipal and Barangay LGU of Kitaotao

22

No. of Training Estimated cost per Estimated Budget Activities Sessions Training Session (Php) (Php) B. Implementation of mitigation 1 10,000.00 10,000.00 measures C. Implementation of 1 10,000.00 10,000.00 enhancement measures D. Total 40,000.00

73. The Municipal LGU of Kitaotao has allocated about Php 200,000.00 for the Support to Indigenous Peoples in collaboration with other government agencies under its General Fund in which the Implementing Office is the Municipal Mayor’s Office as indicated in the LGU’s 2019 Annual Investment Plan (Appendix 5).

23

Appendix 1. Minutes of the Public Consultation held on August 08, 2017 at Bobong, Kitaotao, Bukidnon

Republic of the Philippines Province of Bukidnon Municipality of Kitaotao BARANGAY BOBONG -oOo- OFFICE OF THE SANGGUNIANG BARANGAY

Minutes of Barangay Consultation

Public Consultation Brgy. Hall, Brgy. Bobong Kitaotao, Bukidnon August 8, 2017 9:43am

Prayer: Kagawad Camelo

National Anthem: Ailine Feliciano

Welcome Remarks: Barangay Chairman Capablanca

We all know that our road is already damage due to heavy rains and heavily loaded trucks passing especially during harvest time. And now this Barangay consultation will be conducted pertaining to our project, the rehabilitation of Bobong Access Road if we will agree to implement the project.

Engr. Umbal - Out of 12 Barangays only Barangay Bobong benefited the project the Rehabilitation of Bobong Access Road. The road length is 3.386 Km. from box culvert to purok 3, and a foot trail from purok 3 down to Muleta River to our foot bridge. The cost of this project is P15,800,000.00, but there are many documents which are the ADB required for the project and one of them is the Barangay consultation if the populace of this barangay will accept the project. The people want a road from Barangay Bobong to Barangay Kauyonan but the cost of the bridge that crosses muleta river ranging from P200-P300 million pesos which the LGU has no capability to construct the bridge so the LGU agreed to rehabilitate the Bobong-Bersiba access road.

Engr. Paulma – Engr. Jemuel from CESM will help us in conducting this consultation and he will ask some question pertaining to our road project.

Engr. Jem – Good Morning is there any IP member who is present here? Please raise your hands.

24

25

Engr. Jem – how about the motorcycles and the jeepney?

In chorus – motorcycles, and government vehicles.

Engr. Jem - is there any benefits we can get if the road be rehabilitated?

Kag. Camilo – transport easily our farm products.

Barangay Chairman – Reduce travel time in going to Poblacion.

Dennis Puwaw - Easily transports our patient in times of emergency, also reduces our transportation cost, and easily transports our farm products to market.

Engr. Jem – is there any negative effect about to our project?

In chorus – there is none sir.

Engr. Jem – there are three stages to construct the road. The Contractor together with the LGU will come and meet the barangay populace and the Council of Elders to discuss the project. What tribe resides within this barangay?

In chorus: Manobo tribes

Engr. Jem (explaining the 7 tribes existing in the province and their respective locations)

Engr. Jem - If both parties will agree the Contractor come and locate areas where to install their camps and machineries then they will hire workers. At this time who among here are interested to work. Please raise your hand.

26

Everybody raises their hands.

Engr. Jem – It is good that also women raise their hands. The Contractor will not be accepted if the hired less than 30% of women, and the IP member should also be hired in the construction. At this time the Contractor will know the policies of the Barangay and the Council of Elders. The Contractor also hired skilled worker coming from outside the barangay can it be cause trouble from you, what is your opinion?

In chorus - Okay sir no problem.

Engr. Jem - The Contractor will use safe water for drinking can it causes competent to you?

Barangay Chairman – No problem sir if it will not cause trouble.

Engr. Jem – If they used water for pouring where did they get?

In chorus – get water in the creek.

Engr. Jem – The Construction generate waste, is there any barangay ordinance in relation to waste management?

Barangay Chairman - Every Household has its own compose pit and for those non- biodegradables we will put in the sack. Put waste container in the area.

In chorus - Burn if it can be burned.

Engr. Jem - RA 9003 no burning of waste, so the barangay is responsible for the waste generated during the construction. Is the barangay having curfew hour?

Barangay Chairman - We have an ordinance, and we will impose it in the camp site at 10:00PM.

27

In chorus – Bringing of woman inside the camp is not allowed.

Engr. Jem – In road construction the equipment produces dust during operation can it affect to you? What can you suggest to the contractor?

In chorus – the contractor should pour water to the road constructed.

Engr. Jem – How about the senior citizen, children and the student?

In chorus – They will use mask and also, they will not go near the construction area.

Engr. Jem – during the construction only one lane will be utilized can it cause delay in all your transactions?

Barangay Chairman – They should have an alternative road especially during concreting.

Engr. Jem – During road construction there’s a possibility that excavated soil scattered within the vicinity and water can be affected.

In chorus – It’s okay sir there’s no problem.

Engr. Jem – the project duration is 8 months and there’s a possibility that our project will be delayed due to weather condition and the project will go beyond the schedule can it be acceptable for you?

In chorus – It’s okay no problem.

Engr. Jem – When their equipment operates it produce smoke and it cause air pollution and also noises presence during equipment operation.

In chorus – people in affected areas will use mask and the noises produce are manageable.

Engr. Jem – the fuel and oil used by equipment can also cause pollution what can you suggest?

Francesca Buton – the used oil should be put in the container.

Engr. Jem – what would be the women do in the construction?

In chorus – Construction Checker and other related works.

Engr. Jem – The last stage is what is the effect of transport vehicles that passes after the rehabilitation of the road?

In chorus – they will run faster than before.

Barangay Chairman – we don’t have any ordinance pertaining to speed limit, the barangay will pass an ordinance about speed limit.

Engr. Jem – there’s a possibility that the road will be cracked if big trucks load more than load limit what can you say about it?

28

Barangay Chairman – Maybe the barangay can pass an ordinance pertaining to load limit.

In chorus – What is the road thickness?

LGU - 8 inches.

In chorus – Maybe the road can resist.

Engr. Jem – can it be affecting the IP culture if the road turns into good condition because some people will come into this place?

Mario Sulatan (IP) - It will not affect to our culture sir.

Engr. Jem – Is there any animals or plant remains living in this area?

In chorus – there are few sir like monkey.

Engr. Jem – If the road is already rehabilitated some people will come and hunt down wild animals is there any policies to give safeguard these wild animals?

Mario – the IPs and Non-IPs living in this area will give safeguards to wild life habitat.

Jem – Is barangay Bobong is part of ancestral domain? Or signed in the usufruct contract? Prior to the implementation there should be ritual happened.

Mario – there should be a ritual or “panubad” prior to the implementation.

Engr. Jem – Is there any divine areas that needs for road diversion?

Mario – No sir, there is none.

Engr. Jem – If the implementation will start the ADB will came here and asking you if they conducted consultation in you regarding to our project? Then tell them that not all of you are here during consultation.

The road design is 7 meters in width, 4 meters carriage way 1-meter shoulder on both side and 0.5-meter earth canal and 1 meter in width foot trail. Who among you here says that the project will continue, please raise your hand?

Pictures below shows people raising their hands.

29

In chorus – continue the project.

Engr. Jem – Who among you here living in the road side from the box culvert down to foot bridge?

30

Engr. Jem – Is there any of you here affected in land, plants or crops?

In Chorus – yes there is gmelina and rubber.

Barangay Chairman – in foot trail side sir.

Councilor Robledo – there is also pipe line traversing in the road at purok 1.

Engr. Umbal – if possible there should be no plant or trees are cut and the contractor will repair the damage pipeline.

Engr. Jem – Is the area is a part of Ancestral Domain?

Engr. Umali – No sir it is an Integrated Social Forest (ISF) area.

Blonde – How much is the wages sir?

Engr. Jem – The wages will be known to people that will be hired in the construction.

Mr. Mirasol (Site Officer CENRO) – Explaining the NRM project.

Closing Remarks – Councilor Oscar Robledo

Adjournment: 10:50 AM

Prepared By:

RAYMUNDO G. UMBAL, JR. PDO IV

31

Barangay Consultation Attendance

32

33

34

35

Barangay Consultation Pictures

36

Appendix 1. Internal Monitoring Indicators (Adapted from ADB’s Handbook on Resettlement: A Guide to Good Practice, 1998)

Monitoring Indicators Basis for Indicators 1. Budget and Timeframe  Have capacity building and training activities been completed on schedule?

 Are IPP and MOA activities being implemented and targets achieved against the agreed time frame?

 Are funds for the implementation of the IPP/ADSDPP allocated to the proper agencies on time?

 Have agencies responsible for the implementation of the IPP/ADSDPP received the scheduled funds?

 Have funds been disbursed according to the IPP/ADSDPP?

 Has social preparation phase taken place as scheduled?

 Has all clearance been obtained from NCIP?

2. Public Participation and  Have consultations taken place as scheduled including meetings, Consultation groups and community activities? Have appropriate leaflets been prepared and distributed?

 Have any Aps used the grievance redress procedures? What were the outcomes?

 Have conflicts been resolved?

 Was the social preparation phase implemented?

 Were separate consultations done for Indigenous Peoples?

 Was the conduct of these consultations inter‐generationally exclusive, gender fair, free from external coercion and manipulation, done in a manner appropriate to the language and customs of the affected IP community and with proper disclosure?

 How was the participation of IP women and children? Where they adequately represented?

3. Benefit Monitoring  What changes have occurred in patterns of occupation, production and resources use compared to the pre‐project situation?

 What changes have occurred in income and expenditure patterns compared to pre‐project situation? What have been the changes in cost of living compared to pre‐project situation? Have APs’ incomes kept pace with the changes?

37

 What changes have taken place in key social and cultural parameters relating to living standards?

 What changes have occurred for IPs?

 Has the situation of the IPs improved, or at least maintained, as a result of the project?

 Are IP women reaping the same benefits as IP men?

 Are negative impacts proportionally shared by IP men and women?

38

Appendix 2. External Monitoring Indicators (Adapted from ADB’s Handbook on Resettlement: A Guide to Good Practice, 1998)

Monitoring Indicators Basis for Indicators 1. Basic Information on AP  Location Households  Composition and structures, ages, education and skill levels

 Gender of household head

 Ethnic group

 Access to health, education, utilities and other social services

 Housing type

 Land use and other resource ownership and patterns

 Occupation and employment patterns

 Income sources and levels

 Agricultural production data (for rural households)

 Participation in neighborhood or community groups

 Access to cultural sites and events

 Value of all assets forming entitlements and resettlement entitlements

2. Levels of AP Satisfaction  How much do IPs know about grievance procedures and conflict resolution procedures? How satisfied are those who have used said mechanism?

 How much do the affected IP communities know about the IP framework?

 Do they know their rights under the IP framework?

 How much do they know about the grievance procedures available to them?

 Do they know how to access to it?

 How do they assess the implementation of the IPP/ADSDPP?

3. Other Impacts  Were there unintended environmental impacts?

 Were there unintended impacts on employment or incomes?

39

4. IP Indicators  Are special measures to protect IP culture, traditional resource rights and resources in place?

 How are these being implemented?

 Are complaints and grievances of affected IPs being documented?

 Are these being addressed?

 Did the project proponent respect customary laws in the conduct of public consultations, in IPP/ ADSDPP implementation, in dispute resolution?

 Were the public consultations intergenerationally inclusive?

 Were women and children proportionally represented?

 Were representatives of the NCIP present in the public consultations? During the monitoring of IPP/ADSDPP implementation?

40

Appendix 3. Executive Order Creating the SPMU for the Implementation of the Rehabilitation of Bobong Access Road

41

42

Appendix 4. Excerpt from the 2019 Municipal Annual Investment Plan

43