Indigenous Peoples Plan Philippines: Water District Development Sector

Indigenous Peoples Plan

March 2021

Philippines: Water District Development Sector Project ‒ Metro Kidapawan Subproject

Prepared by Metro Kidapawan Water District for the Local Water Utilities Administration 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. Your attention is directed to the “terms of use” section of this website.

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

March 2021

Philippines: Water District Development Sector Project

METRO KIDAPAWAN WATER DISTRICT

Prepared by Metro Kidapawan Water District for the Local Water Utilities Administration and the Asian Development Bank.

CURRENCY EQUIVALENTS (as of 16 March 2021)

Currency unit – peso (Php) Php1.00 = $0.02059 $1.00 = Php48.5669

ABBREVIATIONS

ADB – Asian Development Bank AH – Affected Household AP – Affected Person CRDP - Community Royalty Development Plan DA – Department of Agriculture DMS – Detailed Measurement Survey EA – Executing Agency EMA – External Monitoring Agency GAD – Gender and Development GAP – Gender Action Plan GRC – Grievance Redress Committee GRM – Grievance Redress Mechanism HH – Household IA – Implementing Agency IOL – Inventory of Losses IP – Indigenous Peoples Plan LGU – Local Government Unit LWUA – Local Water Utilities Administration m3 – Cubic Meter MDG – Millennium Development Goal MKWD Metro Kidapawan Water District NCIP – National Commission for Indigenous People NRW – Non-Revenue Water PCUP – Presidential Commission on the Urban Poor PIB – Public Information Booklet PIU – Project Implementation Unit PMU – Project Management Unit PPTA – Project Preparatory Technical Assistance OCR – Ordinary Capital Resources RF – Resettlement Framework ROW – Right-of-Way RP – Resettlement Plan SAR – Subproject Appraisal Report SES – Socio-Economic Survey SPS – ADB’s Safeguard Policy Statement (2009) UFPF – Urban Financing Partnership Facility WACC – Weighted Average Cost of Capital WD – Water District WDDSP – Water District Development Sector Project

NOTE In this report, "$" refers to US dollars.

This Indigenous People’s 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. Your attention is directed to the “terms of use” section of this website.

GLOSSARY

Ancestral Domain – Consolidation of plans of Indigenous Peoples Sustainable (IPs)/Indigenous Cultural Communities (ICCs) within Development and an ancestral domain for the sustainable management Protection Plan and development of their land and natural resources (ADSDPP) as well as the development of human and cultural resources based on their indigenous knowledge systems and practices.

Affected People (APs) – includes any person, entity or organization affected by the Project, who, on account of the involuntary acquisition of assets in support of the implementation of the Project, would have their (i) standard of living adversely affected; (ii) right, title or interest in all or any part of a house and buildings, pavements and other physical improvements, land (including residential, commercial, agricultural, plantations, forest and grazing land), water resources, annual or perennial crops and trees, or any other moveable or fixed assets acquired or possessed, in full or in part, permanently or temporarily; and (iii) business, profession, work or source of income and livelihood lost, partly or totally, permanently or temporarily.

Ancestral Domain – Areas generally belonging to IPs comprising lands, inland waters, coastal areas, and natural resources therein, held under a claim of ownership, occupied or possessed by the IPs, by 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 will include ancestral lands, forests, pasture, residential, agricultural, and other lands individually owned whether 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 IPs but from which they traditionally had access to for their subsistence and traditional activities, particularly the home ranges of IPs who are

still nomadic and/or shifting cultivators

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

Certificate of Ancestral – A title formally recognizing the rights of possession Domain Title (CADT) and ownership of IPs over their ancestral domains identified and delineated in accordance with the Indigenous Peoples Rights Act (IPRA).

Certificate of Non- – A certificate issued by the National Commission on Overlap Indigenous Peoples (NCIP) attesting to the fact that the area where a particular

Manobo IP – An indigenous people group inhabiting the land of North Cotabato. They originate from the early Malay people who came from the surrounding islands of Southeast Asia. They are composed of eight Manobo groups in Mindanao. This includes the Obo-Manobo group which inhabits in high lands of Kidapawan and Tagabawa-Manobo in the Municipality of Makilala.

BagoboTagabawa IP – A manobo group inhabiting the higher part of the municipality of Makilala, North Cotabato particularly in barangay Buhay, Batasan, Biangan and Buena Vida. Agriculture is their primary source of living.

TABLE OF CONTENTS

A. PROJECT BACKGROUND ...... 2 B. DESCRIPTION OF THE PROJECT ...... 2 C. SCREENING FOR IP IMPACTS ...... 3 D. SOCIAL IMPACT ASSESSMENT ...... 4 E. APPLICABLE PHILIPPINE LAWS ON INDIGENOUS PEOPLES ...... 4 F. SOCIO ECONOMIC STATUS ...... 6 G. CONSULTATIONS AND FPIC ...... 6 H. COMMUNITY DEVELOPMENT MEASURES ...... 6 I. DISCLOSURE ...... 7 J. GRIEVANCE REDRESS MECHANISM ...... 7 K. INSTITUTIONAL AND IMPLEMENTATION ARRANGEMENTS ...... 9 L. MONITORING AND REPORTING MECHANISMS ...... 9 M. BUDGET AND FINANCING ...... 10

APPENDICES

Appendix 1 Categorization Appendix 2 IP Profiling (Notongon and Matiboggo) Appendix 3 Narrative Report FPIC –Notongon Appendix 4 Memorandum of Agreement – Notongon Appendix 5 NCIP Provincial Summary Report –Notongon Appendix 6 Resolution No. 001 Series of 2020 – Matiboggo Appendix 7 Work and Financial Plan for FPIC – Matiboggo Appendix 8 Resolution No. 3 Series of 2021 Appendix 9 Resolution No. 4 Series of 2021 Appendix 10 Communication Letters

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INDIGENOUS PEOPLES PLAN METRO KIDAPAWAN WATER DISTRICT

A. PROJECT BACKGROUND

1. The Water District Development Sector Project (WDDSP) aims to improve health conditions in the proposed service expansion areas by improving the distribution of urban water and sanitation services. The project will be implemented as a sector loan. The Executing Agency (EA) is the Local Water and Utilities Administration (LWUA), while the implementing agencies (IAs) are the local water districts (WD) in the subproject areas.

2. Rapid urbanization and inadequate water supply and sanitation investments have stretched to the limit the capacity of services, facilities, and increased water resources pollution in many urban areas outside Metro Manila. Less than 50% of urban households are estimated to have piped water, with most served by WDs. Various studies report that WDs provide better water service than local government units (LGU) run water utilities and attribute this to corporatization (i.e., WDs do not receive subsidies from LGUs) and access to financing, training, and technical assistance from LWUA.

3. Metro Kidapawan Water District operates a water supply system that serves one (1) city and three (3) municipalities, namely Kidapawan City, Municipalities of Makilala, Magpet and Matalam, North Cotabato. MKWD serves 46.53% of its service area coverage with approximately 35,000 service connections.

4. The proposed subprojects aim to improve/upgrade the MKWD water supply system to address the present demand for potable water and alleviate the shortage of water. Currently, the production of water resources being utilized by MKWD does not meet the required demand of the population within its service area. With this, MKWD is considering development of other water sources within Kidapawan City, Makilala, Magpet and Matalam to address the long-term water sustainability requirements of its area.

B. DESCRIPTION OF THE PROJECT

5. The proposed Metro Kidapawan Water District C.Y. 2020 to 2023 development projects aim to enhance the district’s water operations with a range of activities to address supply and distribution elements. The development plan consists of: (i) source development; (ii) construction of storage tanks; (iii) laying of transmission/distribution pipeline; and (iv) procurement of pumping, treatment, solar power, and other facilities.

6. This report will detail the screening of the project activities of source development in Notongon Spring Source and Matiboggo Spring Source for potential IR and IP impacts. A separate Due Diligence Report has been prepared for the other scope of works.

7. Development of Notongon Spring source includes construction of concrete intake chamber and impounding chamber with a capacity of 200 cubic meters. Development of Matiboggo Spring source includes construction of river water intake structure and treatment facilities. MKWD will construct a concrete water catchment structure along Matiboggo River located at SitioApoy-Apoy, Brgy. Buena Vida, Makilala with a height of 1.80 m referred to a riverbed elevation of 785 m. It will cover a reservoir surface of 60 square meters with gross volume of 108 cubic meters at full capacity. It will also entail the construction of the following: (i) 10 meters long concrete dike on each side of the structure; and (ii) one (1) concrete tower

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Indigenous Peoples Plan – Metro Kidapawan Water District TA-9103 PHI: Water District Development Sector Project CDTA for Water District Development Sector Project (Contract No. 41665-013) Main Report on the left side which will serve as an impounding structure and treatment chamber. Maximum required flow is 6 MLD or 70 lps.

8. The existing Ilian Spring Source has two (2) spring eyes.The main spring eye is already utilized for domestic use and distributing MKWD service areas. For this subproject, the second spring eye will be developed which has a production of 30 liters per second (lps).

9. Approximately 90 lps will be added to the MKWD system upon completion of the spring source developments.

10. The source improvement work in Makilala is on the Ancestral Domain of the Bagobo- Tagabawa community and therefore requires an Indigenous Peoples Plan to describe any potential impacts on the community and ensure they are equal beneficiaries of the project.

11. There will be no land acquisition for the source development however, the work will be carried out within the Bagobo-Tagabawa community’s ancestral domain. The National Commission for Indigenous People was involved to carry out consultations and was able to draw up a Memorandum of Agreement (MOA) to provide special considerations to be made to enable the water source to be used.

12. The location of both Notongon and Matiboggo spring source development, and the existing Ilian Spring are covered by the MANP Protected Area (PA) zone. Under the provisions of NIPAS act, clearance from PAMB-DENR shall be secured.

13. The Asian Development Bank’s (ADB) Poverty Reduction Strategy recognizes that indigenous peoples (IPs) may suffer from social exclusion, lack of access to basic services, and social capital, and therefore remain in poverty. As such, they require special support.

14. IPs are accorded protection by the project based on ADB’s Policy on Indigenous Peoples as contained in its Safeguard Policy Statement (2009) and the Philippines’ legal statute based on the Indigenous People’s Rights Act of 1997 (IPRA law).

15. In accordance with the Indigenous Peoples Planning Framework (IPPF) which was developed in 2014, MKWD was screened for Indigenous Peoples impact assessment. Due to the presence of Indigenous People and impacts on their ancestral land, the plan was prepared to detail the agreement and mitigation measures required to ensure equal development benefits of the sub-project.

16. The IPPF was carried out through the process of Free Prior and Informed Consent (FPIC) and MOA documented in Appendix 3and Appendix 4respectively.

17. Potential positive effects include the following: (i) IP communities’ increased access to water and sanitation services, (ii) the provision of providing a royalty fee for social development activities (iii) scholarships for children from the affected community, and (iv) prioritization for local work opportunities.

C. SCREENING FOR IP IMPACTS

18. Positive and negative impacts on IP groups were considered in selecting and screening project components. The MKWD sub-project will bring significant benefits to the affected community. The benefits were developed through a series of public consultations.

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Based on the consultations, no land acquisition and impacts on structures and assets. Thereby, no involuntary resettlement is required during the sub-project’s implementation. .

19. To trigger the IP safeguard policy statement, the proposed sub-project will impact (positively or negatively) people who:

● Self-identify as members of a distinct cultural group which is recognized by others; ● Have a collective attachment to geographically distinct territories; ● Have cultural, economic, social, or political institutions that are separate from those of the dominant society and culture; and ● Have a distinct language.

20. Screening of the MKWD Project was confirmed in a due diligence mission in February 2020. The Categorization form can be found in Appendix 1. The sub-project is classified as category B in the Indigenous People Impact Assessment as Bagobo-Tagabawa IP group holds the Certificate of Ancestral Domain Title jurisdiction in the area to be used for the water district project.

D. SOCIAL IMPACT ASSESSMENT

21. A social impact assessment was conducted to provide baseline information on the 17 IP households in Notongon and 16 households in Matiboggo through the accomplishment of socioeconomic surveys (SES). The households were identified as owners of the ancestral land to be utilized for the subproject's water source. The IP Profiling sheet is attached in Appendix 2.

E. APPLICABLE PHILIPPINE LAWS ON INDIGENOUS PEOPLES

22. To date, the most comprehensive law recognizing and protecting the rights of IPs in the Philippines is Republic Act 8371 also known as the Indigenous Peoples Rights Act (IPRA) enacted in 1997. Pertinent provisions of the law include:

23. Definition of Indigenous Peoples. Under the IPRA, the term Indigenous Peoples/Indigenous Cultural Communities (IPs/ICCs) “refers to a group of people or homogenous societies identified by self-ascription and ascription by others, who have continuously lived as an organized community on communally-bounded and defined territory, and who have, under claims of ownership since time immemorial occupied, possessed customs, traditions and other distinctive cultural traits, and who have, through resistance to political, social and cultural inroads of colonization, non-indigenous religions and cultures became historically differentiated from the majority of Filipinos. IPs/ICCs shall likewise include peoples who are regarded as indigenous on account of 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 and 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.” (Sec. 3.h)

24. Establishing of the National Commission on Indigenous Peoples (NCIP) and defining its powers and functions.The NCIP “shall be the primary government agency responsible for the formulation and implementation of policies, plans and programs to promote and protect the rights and well-being of the IPs/ICCs and the recognition of their ancestral domains and their rights thereto” (Sec.38). As such, it is mandated to protect and Page -4

Indigenous Peoples Plan – Metro Kidapawan Water District TA-9103 PHI: Water District Development Sector Project CDTA for Water District Development Sector Project (Contract No. 41665-013) Main Report promote the interest and well-being of the IPs/ICCs with due regard to their beliefs, customs, traditions and institutions'' (Sec. 39). Among its powers and functions that are pertinent to the WDDSP are: (i) to issue certificates of ancestral land/domain title (sec 44.e); (ii) to enter into contracts, agreements or arrangement with government or private agencies as may be necessary to attain the objectives of the IPRA (Sec. 44.f) (iii) to coordinate development programs and projects for the advancement of IPs/ICCs and to oversee their proper implementation (Sec 44.h); (iv) to issue appropriate certifications as a precondition to the grant of permit, lease, grant or any similar authority for the disposition, utilization, management or appropriation by any private individual, corporate entity or government agency on any part or portion of the ancestral domain, taking into consideration the consensus approval of the IPs/ICCs (Sec 44.m).

25. Right to decision-making and participation. The IPRA explicitly upholds the right of IPs/ICCs to “determine and decide priorities for development affecting their lives, beliefs, institutions, spiritual well-being, and the lands they own, occupy or use. They shall participate in the formulation, implementation and evaluation of policies, plans and programs for national, regional and local development which may directly affect them” (Sec. 17). They also have the “right to participate fully, if they so choose, at all levels of decision-making in matters which may affect their rights, lives and destinies through procedures determined by them as well as to maintain and develop their own indigenous political structures (Sec. 16).

26. Free and prior informed consent is defined under IPRA as “the consensus of all members of the IPs/ICCs, to be 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 to the community” (Sec. 3.g).

27. Natural resources within ancestral domains. “The IPs/ICCs shall have the priority rights in the harvesting, extraction, development or exploitation of any natural resources within the ancestral domains” (Sec. 57).

28. Other relevant laws include:

a. The Comprehensive Agrarian Reform Law or CARL (RA 6657), which requires the government to apply the principles of agrarian reform, or stewardship, whenever applicable, in the disposition or utilization of other natural resources, including lands of the public domain, and their lease or concession, suitable to agriculture, subject to prior rights of indigenous communities to their ancestral lands.

b. The National Integrated Protected Areas System (NIPAS) Act of 1992 (RA 7586) safeguards protected areas (PAs) from further encroachment. It allows the implementation of development projects with compatible uses, or which enhance the protection of these PAs. It includes specific provisions that protect the rights of IP communities to their ancestral domain.

c. The Philippine Mining Act of 1995 (RA 7942) requires proponents of mining projects in IP areas to secure an IPs’ free and prior informed consent.

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F. SOCIO ECONOMIC STATUS

29. The baseline results follow however the current status is not reflective of the normal living situation of the community. An earthquake damaged infrastructure and housing on the 30th of October 2019. The 6.8 magnitude earthquake damaged houses and the church within the village.

30. To date, some households were living further up on the mountainside prior to the earthquake. The area is now considered unsafe. At this time of writing, 17 HHs are residing at the village site awaiting support from the National Housing Authority (NHA), which is in charge of the area's rebuilding. The sub-project will provide essential utilities such as electricity and water supply as part of the project benefits.

G. CONSULTATIONS AND FPIC

31. Consultations were held in coordination with the MKWD and the National Commission on Indigenous Peoples (NCIP) in the communities that were identified as being impacted by the project.

32. Consistent with the principle of social equity and environmental justice, the WD ensured provisions to give IPs improved access to water and sanitation. The subproject design was consulted on with the aim of gaining broad community support of IPs and/or those affected by project activities.

33. Free prior and informed consent procedures of the IP communities concerned as defined under IPRA law have been documented by duly recognized IP community representatives through a written attestation. The FPIC process identified 50 IP households to be affected by the project. Consultation meetings of the procedures that had been taken into account can be found in Appendix 3.

6 As per the ADB SPS (2009), meaningful consultation is defined as a process that (i) begins early in the project preparation stage and is carried out on an ongoing basis throughout the project cycle; (ii) provides timely disclosure of relevant and adequate information 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.

34. Undertaken in which such consent was expressed, including a list of the names of the attendees along with their signatures and proof of identification. For MKWD, the process was facilitated by NCIP.

H. COMMUNITY DEVELOPMENT MEASURES

35. During the consultations, the following measures were agreed upon to avoid adverse impacts on IPs and ensure equitable benefits from project activities.

36. A technical working group will be established to assess and identify issues or concerns within the community. Community meetings will be held to coordinate any responses needed. The community will formulate a Community Royalty Development Plan (CRDP). An honorarium and monthly royalties will be provided for these tasks from operation of the source to fund community activities as set out in the plan. Page -6

37. MKWD will provide funding to build a new tribal hall in the barangay with the style chosen by the affected barangay.

38. MKWD will provide college scholarship funding to two (2) college students for subproject-related technical degree programs such as engineering or forestry in Kabacan or Musuan.

39. MKWD has also agreed to prioritize community-based recruitment for project-based labor employment as well as technical trades such as plumbers.

40. MKWD will also provide HH water source points to each HH in the Barangay.

41. MKWD will also arrange a medical outreach program specifically geared towards proper sanitation behavior to maximize impact from community improvements.

I. DISCLOSURE

42. The affected IP community shall be informed of all project-related information, this includes the results from the social impact assessment and other social safeguard documents. The documents shall be provided in a form and language(s) understandable to the affected indigenous people. Social safeguard documents comprise the following: (i) Resettlement Plan, (ii) Gender Action Plan, (iii) Indigenous Peoples Plan, and (iv) Environmental Impact Assessment Report. The PIU/WD shall be responsible for disseminating the required information to the IP community.

43. The IPP shall describe information disclosure, consultation, and participation process with the affected IP communities during project preparation. The IPP will provide consultation and participation mechanisms to ensure IP engagement. The IPP shall also record communities’ comments on the social impact assessment, identify concerns raised during public consultations, and how these have been addressed in the project design.

44. In the case of project activities requiring broad community support and FPIC, the IPP shall document the process and outcome of the project activities' consultations and safeguard measures addressing its impacts.

45. The IPP will confirm disclosure of the IPP to the IP communities concerned. The IPPs shall be made available to the public through posting on ADB website. The IPPF will be disclosed on websites of the EA and ADB.

J. GRIEVANCE REDRESS MECHANISM

46. The Project’s grievance redress mechanism (GRM) will be used as a system for IPs to express project-related complaints or grievances. The IA, with the support of project implementation consultants, will inform indigenous groups about this system at the start of sub-project implementation.

47. Following discussions during the DDR mission, it was agreed to integrate the ADB required GRM into the current consumer feedback measures that have already been implemented and are well-established. The DDR mission observed a publicly displayed customer charter and system to record issues on water supply, billing, and complaints.

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48. The management team must be able to respond to issues in a timely manner. Grievances must be separated from project-related concerns and ongoing supply issues for reporting to ADB and LWUA. Contact information of the GRM will also be included through information mediums (e.g., billboards or booklet) if these are required for the project.

49. A member of the MKWD team will be appointed to be the focal point for GRM management and will liaise and inform Barangay administration of procedures in case of any issues.

50. A member of the IP CADT-holder shall be represented in the GRM who would also act as barangay or municipal representative during the procedural deliberation of issues involving IP matters.

51. The Project’s grievance redress mechanism shall in no way impede access to the formal legal system or the courts. The decision of the courts is for finality of case resolution. Below are the steps to be followed in filing grievances and the procedures for redress:

Step 1: The complainant provides the background and files the grievance/complaint verbally or in writing to the MKWD. If unwritten, the Secretary in the MKWD Office will record it in the complaints system noting it as a project grievance. The focal point for MKWD will respond to the complainant within 3 days to assess whether the issue is project-related and will aim to resolve the issue and record it within the project grievance register.

Step 2 If no resolution or understanding is reached, the complainant files the grievance/complaint to the PMU within LWUA for it to be resolved within 15 days after filing. The written complaint shall be reproduced in four copies; the original to the Executing Agency – Project Management Unit (EA-PMU), two for Water District – Project Implementation Unit (WD-PIU), and one for the file of the complainant.

Step 3. The Lupon ng Kapayapaan ng barangay (i.e. justice system members) whenever possible, shall resolve the issue at the barangay level together with an IP representative. The IPMR (indigenous people municipal representative) as provided by the IPRA Law, shall also play a big role in resolving the issue.

Step 4: If no resolution or understanding is reached, the complainant files the grievance/complaint to the PMU within LWUA for it to be resolved within 15 days after filing. The written complaint shall be reproduced in four copies; the original to EA-PMU, two for WD-PIU, and one for the file of the complainant.

Step 5: Again, if no resolution or understanding is reached and if the grievance/complaint qualifies for hearing at the Municipal Trial Court (MTC) or Regional Trial Court (RTC), the household may request for assistance of a pro bono lawyer from the Public Attorney’s office, through the WDRC. The pro bono lawyer shall assist the household in reproducing the formal complaint in five copies to be distributed as follows: the original to the appropriate court, one each for PMU, PIU, WDRC and for the file of the complainant.

Step 6: The MTC or RTC assesses the merit of the grievance/complaint. The court must schedule a hearing and renders a decision. Appeals can be elevated to the high court. The Supreme Court’s decision is final and executory.

52. Aggrieved parties may also inform the Office of Special Project Facilitators (OSPF) of the ADB of any project-related grievances. Page -8

53. APs will be exempted from all administrative and legal fees.

54. MKWD will also ensure grievances are recorded and reported on in the Integrated Environmental and Social Safeguards monitoring reports that are submitted to ADB every six (6) months during project implementation.

K. INSTITUTIONAL AND IMPLEMENTATION ARRANGEMENTS

55. WDDSP seeks to maximize the participation of IPs in the subproject areas. The WD must ensure their equal inclusion in all sub-project benefits, activities, and training programs and to avoid/mitigate any adverse impacts of the MKWD subproject on the IPs.

56. All IP activities will be carried out as part of the normal subproject development activities. Ethnic minority issues will be resolved or compensated through the agreed Project mechanisms and as established in the Project’s resettlement framework/resettlement plan and the IPPF.

57. Implementation of this IPP will be in partnership with the NCIP, Department of Environment and Natural Resources (DENR) and Department of Interior and Local Government (DILG) through the barangays and the city/municipality government. Monitoring of the implementation of the IPPs will be the responsibility of the PMU and LWUA.

L. MONITORING AND REPORTING MECHANISMS

58. The PMU/LWUA with the assistance of the project implementation consultants, will be responsible for supervision and monitoring of IP- and ethnic minority-related issues for the Project, including documentation and reporting. The PMU will report on IPP implementation progress as part of quarterly project progress reports submitted to the EA and ADB. ADB supervision missions will also periodically review IPP progress and whether or not the subproject is successful in delivering culturally-appropriate benefits and mitigating adverse impacts on ethnic minorities. As per IPRA provisions, PMU will closely coordinate with the NCIP on monitoring of IP engagement.

59. Some indicators relating to process as well as attainment of targets are:

• Social equity can be gauged by the size of the population that is proportionally represented as targets for access to water services

• Number of IP households vs. number of beneficiaries (for water and sanitation).

• Number of IP workers/staff hired

• Enhanced role of IPs in community resource management.

• Linkages established in support of resource management initiatives.

• Output of specific interventions planned as will be set out in the CRDP

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• Level and quality of participation of IPs—organization of sanitation/water user group, when appropriate; number of participants/women in survey, focus group discussion, key informant interview; number and type of issues resolved.

M. BUDGET AND FINANCING

Annual Budget (PhP) Implementati Benefits Description on Schedule 2021 2022 2023 2024 2025

Potable MKWD will 79,000 - - - - Once the Water refurbish the Project is System existing implemented community water system.

MKWD will 50,000 50,000 50,000 50,000 50,000 Annual conduct Medical Annual annual Outreach Medical medical Program Outreach outreach to the affected community. This includes distribution of free medicinal supplies and free medical check-ups to the community.

Two (2) 40,000 40,000 40,000 40,000 40,000 per semester college Education students “Scholarship” Benefits duly recommend ed by the 69,300 69,300 69,300 69,300 69,300 tribal council School will be given Supplies scholarship Annual as financial distribution support for their studies. (April-May) MKWD will also give school supplies for over 50 IP students for each year.

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Annual Budget (PhP) Implementati Benefits Description on Schedule 2021 2022 2023 2024 2025

Employment 1,884,96 1,884,96 1,884,96 1,884,96 1,884,96 Monthly of seventeen 0 0 0 0 0 payroll for 17 Employme (17) beneficiaries nt and personnel livelihood duly program recommend ed by the claimants during construction stage and regular assignment during the operation of MKWD facilities in the area. Additional manpower from the community will be hired during the construction stage.

Training of customary or traditional livelihood programs for home based income generating activities (such as weaving, etc.)

Constructio After the 50,000 - - - - Once the n of Tribal construction Project is Hall of Notongon implemented Water Supply System, MKWD's Storage facility will be converted to be the community’s Tribal Hall

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Annual Budget (PhP) Implementati Benefits Description on Schedule 2021 2022 2023 2024 2025

To house the School of Living Tradition (cultural sustainability )

IP Core MKWD will 16,500 16,500 16,500 16,500 16,500 Quarterly and provide Technical financial Working assistance Group for the IP Assistance Core and Technical working group of the community. The financial assistance will be used during the quarterly meetings and other activities the technical working group will conduct.

7 MKWD will 60,000 60,000 60,000 60,000 60,000 Monthly provide BantayBuki monthly d Program honorarium and Patrol Equipment (every two (2) years) to the community as part of the BantayBukid Program

8 ADTC will - 120,000 120,000 120,000 120,000 Every last day have a of March, Royalty monthly June, Share/ share of Php September Utilization 10,000.00 and December Fee once the

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Annual Budget (PhP) Implementati Benefits Description on Schedule 2021 2022 2023 2024 2025

operation commences

TOTAL ANNUAL BUDGET 2,249,76 2,240,76 2,240,76 2,240,76 2,240,76 0 0 0 0 0 (IN PhP)

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APPENDIX 1 INDIGENOUS PEOPLES IMPACT CATEGORIZATION Date: 17 February 2020 A. Project Data

Country/Project Loan 3389/Grant 0477-PHI: Water District Development Sector Project Met- No./Project Title ro Kidapawan Water District Subproject

Department/ Division SEUW

Processing Stage Active

Modality

[ ] Project Loan [ ] Program Loan [ ] Financial Intermediary [ ] General Corporate Finance

[ X ] Sector Loan [ ] MFF [ ] Emergency Assistance [ X ] Grant

[ ] Other financing modalities: Sector development program (linked program loan + project loan)

B. Indigenous Peoples Category

[ X ] New [ ] Recategorization ― Previous Category [ ] [ ] Category A [X ] Category B [ ] Category C [ ]Category FI

C. Project requires the broad community support [ ]Yes [ X ] No of affected Indigenous Peoples communities.

D. Comments

E. Approval

Proposed by: Reviewed by:

J. Lalo

Consultant for CDTA team Social Safeguard Specialist, SEUW

Date: Date:

Endorsed by:

Director,

Date: Date:

Endorsed by: Approved by:  Highly Complex and Sensitive Project Director, Chief Compliance Officer

Date: Date:

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Indigenous Peoples Impact Screening Checklist

KEY CONCERNS NOT YES NO Remarks (Please provide elaborations KNOWN on the Remarks column)

A. Indigenous Peoples Identification

1. Are there socio-cultural groups present in or use the project area who may be considered as "tribes" (hill X tribes, schedules tribes, tribal peoples), "minorities" (ethnic or national minorities), or "indigenous communities" in the project area?

2. Are there national or local laws or policies as well as X There are Bagobo- anthropological researches/studies that consider these Tagabawa IPs with groups present in or using the project area as belonging certified ancestral lands in to "ethnic minorities", scheduled tribes, tribal peoples, the sub-project area national minorities, or cultural communities?

3. Do such groups self-identify as being part of a distinct X social and cultural group?

4. Do such groups maintain collective attachments to X distinct habitats or ancestral territories and/or to the natural resources in these habitats and territories?

5. Do such groups maintain cultural, economic, social, X and political institutions distinct from the dominant society and culture?

6. Do such groups speak a distinct language or dialect? X

7. Has such groups been historically, socially and X economically marginalized, disempowered, excluded, and/or discriminated against? The National Commission X on Indigenous Peoples (NCIP) is the primary government agency 8. Are such groups represented as "Indigenous Peoples" responsible for the or as "ethnic minorities" or "scheduled tribes" or "tribal formulation and populations" in any formal decision-making bodies at the implementation of policies, national or local levels? plans, and programs to promote and protect the rights and well-being of the IP as provided by the IPRA Law.

B. Identification of Potential Impacts

9. Will the project directly or indirectly benefit or target X Indigenous Peoples?

10. Will the project directly or indirectly affect Indigenous X Peoples' traditional socio-cultural and belief practices? (e.g. child-rearing, health, education, arts, and governance)

11. Will the project affect the livelihood systems of x possible employment

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Indigenous Peoples? (e.g., food production system, opportunities from the sub- natural resource management, crafts and trade, project employment status)

12. Will the project be in an area (land or territory) X There are Bagobo- occupied, owned, or used by Indigenous Peoples, and/or Tagabawa IPs with claimed as ancestral domain? certified ancestral lands in the sub-project area C. Identification of Special Requirements

Will the project activities include:

13. Commercial development of the cultural resources X and knowledge of Indigenous Peoples?

14. Physical displacement from traditional or customary X lands?

15. Commercial development of natural resources (such X Natural Spring as water as minerals, hydrocarbons, forests, water, hunting or source of the sub-project fishing grounds) within customary lands under use that would impact the livelihoods or the cultural, ceremonial, spiritual uses that define the identity and community of Indigenous Peoples?

X 16. Establishing legal recognition of rights to lands and The sub-project has been territories that are traditionally owned or customarily subjected to FPIC by used, occupied or claimed by indigenous peoples? NCIP.

17. Acquisition of lands that are traditionally owned or X customarily used, occupied or claimed by indigenous There will be no land peoples? acquisition.

D. Anticipated project impacts on Indigenous Peoples

Project component/ Anticipated positive effect Anticipated negative effect activity/ output

This subproject will improve water Enhanced water service None. There will be no involuntary supply and sanitation infrastructure in resettlement of IPs Kidapawan and will not have any negative impact to the IP Bagobos

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APPENDIX 2 IP PROFILING (NOTONGON AND MATIBOGGO)

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APPENDIX 3 NARRATIVE REPORT FPIC – NOTONGON

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APPENDIX 4 Memorandum of Agreement – Notongon Source Development

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APPENDIX 5 NCIP Provincial Summary Report– Notongon Source Development

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APPENDIX 6 RESOLUTION NO. 001 SERIES OF 2020 – MATIBOGGO

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APPENDIX 7 WORK AND FINANCIAL PLAN FOR FPIC – MATIBOGGO

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APPENDIX 8 RESOLUTION NO. 3 SERIES OF 2021

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APPENDIX 9 RESOLUTION NO. 4 SERIES OF 2021

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APPENDIX 10 COMMUNICATION LETTERS

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