Stung Chinit South Subproject - Kampong Thom Province

Irrigated Agriculture Improvement Project (RRP CAM 51159-002)

Due Diligence Report on Ethnic Minorities

Draft August 2019

Cambodia: Irrigated Agriculture Improvement Project Stung Chinit South Subproject - Kampong Thom Province

Prepared by the Ministry of Water Resources and Meteorology for the Asian Development Bank. CURRENCY EQUIVALENTS

(As of 8 August 2019) Currency unit – Riel (KR) KR 1.00 = $ 0.00024 $ 1.00 = KR 4,090

ABBREVIATIONS

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

NOTES

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

This due diligence report on ethnic minorities is a document of the borrower. The views expressed herein do not necessarily represent those of ADB’s Board of Directors, Management, or staff, and may be preliminary in nature. Your attention is directed to the “terms of use” section on ADB’s website.

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

GLOSSARY

Consultation A process that (i) begins early in the project preparation stage and is carried out on an ongoing basis throughout the project cycle; (ii) provides timely disclosure of relevant and adequate information in the language that is understandable and readily accessible to affected people; (iii) is undertaken in an atmosphere free of intimidation or coercion with due regard to cultural norms; and (iv) is gender inclusive and responsive, and tailored to the needs of disadvantaged and vulnerable groups; and (v) enables incorporation of all relevant views of affected people and other stakeholders into decision making, such as project design, mitigation measures and implementation issues. Displaced Person Any person who is physically displaced (relocation, loss of residential land or loss of shelter) and/or economically displaced (loss of land, assets, access to assets, income sources or means of livelihood) as a result of (i) involuntary acquisition of land, or (ii) involuntary restrictions on land use or on access to legally designated parks and protected areas. Entitlement Refers to a range of measures comprising compensation, relocation cost, income rehabilitation assistance, transfer assistance, income substitution/business restoration, etc. which are due to the DPs, depending on the type and severity of their losses, and are sufficient to restore their economic and social base. Indigenous Refers to a distinct, vulnerable, social and cultural group Peoples possessing the following characteristics in varying degrees: (i) self- identification as members of a distinct indigenous cultural group and recognition of this identity by others; (ii) collective attachments to geographically distinct habitats or ancestral territories in the subproject area and to the natural resources in these habitats and territories; (iii) customary cultural , economic, social , or political institutions that are separate from those of the dominant society and cultures; and (iv) a distinct language, often different from the official language of the country or region. Land Acquisition Refers to the process whereby individual, household, firm or private institution is compelled by a public agency to alienate all or part of the land it owns or possesses to the ownership and possession of that agency for public purposes in return for compensation at replacement costs. Vulnerable groups These are distinct groups of DPs who are likely to be more adversely affected than others and who are likely to have limited ability to re-establish their livelihoods or improve their status and comprise of: (i) households living below the national poverty rate established by the Royal Government of Cambodia (who are with Poor ID), (ii) female headed households with dependents , (iii) disabled headed households with no other means of support, (iv) elderly headed households with no other means of support, (v) child headed households with no other means of support, (vi) landless households, and (vii) ethnic minorities.

CONTENTS

EXECUTIVE SUMMARY ...... 1 I. PROJECT AND SUBPROJECT DESCRIPTION ...... 1 A. Introduction ...... 1 B. Stung Chinit South Subproject in Kampong Thom Province ...... 1 II. SOCIAL IMPACT ASSESSMENT ...... 5 A. Baseline Socio-Economic Information of Cham Ethnic Group in the Subproject Area ...... 5 B. Social and Cultural Characteristics of Cham Ethnic Group ...... 8 III. INFORMATION DISCLOSURE, CONSULTATION AND PARTICIPATION ...... 10 A. Information Disclosure, Public Consultation and Participation Carried out during the DDREM Preparation ...... 10 B. Information Disclosure ...... 13 IV. BENEFICIAL MEASURES...... 14 A. Potential Impacts on Cham Ethnic Group ...... 14 B. Beneficial Measures ...... 15 V. CAPACITY BUILDING ...... 16 VI. INSTITUTIONAL ARRANGEMENTS ...... 16 A. National Level ...... 16 B. Arrangements for Implementation of the Agreed Measures in the DDREM ...... 17 C. Provincial Level ...... 17 D. District and Commune Level ...... 17 E. Project Management and Implementation Consultants (PMIC) ...... 18 VII. GRIEVANCE REDRESS MECHANISM ...... 20 VIII. MONITORING, REPORTING, AND EVALUATION ...... 23 IX. BUDGET AND FINANCING PLAN ...... 24 X. CONCLUSIONS AND RECOMMENDATIONS ...... 24 ANNEXES ...... Error! Bookmark not defined. Annex 1. Minutes of Consultation Meeting with Cham Ethnic Group during the DDREM Preparation .. 25 Annex 2. Photos Taken during DDREM Preparation ...... 31

LIST OF TABLES

Table 1: District, Communes and Villages in the Command Area ...... 2 Table 2: Population of Ethnic Groups in the Command Area ...... 5 Table 3: Age Bracket of Ethnic Household Members in the Command Area ...... 5 Table 4: Education Level of Ethnic Household Members over 15 Years Old in the Command Area...... 6 Table 5: Percentage of Children Drop out of School Disaggregated by Ethnicity (%) ...... 6 Table 6: Unemployment Rate ...... 6 Table 7: Main Occupation of Household Members in Working Age ...... 6 Table 8: Main Source of Ethnic Minority Household Income ...... 7 Table 9: Number of Migrants...... 7 Table 10: Number of Cham Households with Poor ID ...... 8 Table 11: Participation in Local Organizations...... 10 Table 12: Average Time Spent Performing Community Roles ...... 10 Table 13: Summary of Public Consultation Meeting and FGD with Cham Ethnic Group ...... 11 Table 14: Consultation, Participation and Information Disclosure Plan ...... 13 Table 15: Beneficial Measures ...... 15 Table 16: Proposed Composition of Grievance Redress Committee ...... 20 Table 17: Monitoring Indicators ...... 23 Table 18: Estimated Budget for the DDREM Implementation ...... 24

LIST OF FIGURES

Figure 1: Layout Map of Stung Chinit South Subproject ...... Error! Bookmark not defined.

LIST OF DIAGRAMS

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

EXECUTIVE SUMMARY

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

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

3. The proposed activities for the Stung Chinit South subproject include (i) rehabilitation of the existing weir of length 750m with provision of a reinforced concrete chute and energy dissipation basin; (ii) upgrading existing main canal of length 34 km by breaking through three rock layer sections and provision of water control structures along the main canal; (iii) upgrading of existing 12 secondary canals with total length of about 80 km and one tertiary canal of length 4.4 km by re-shaping of canal cross section by clearance of existing vegetation, smoothing of canal bed and providing necessary checks, off-take structures and flow measuring devices. The subproject targets to improve irrigation for an area of 16,000 ha of land. The command area covers 11 communes in Baray district.

4. There are 1,022 households (3,993 persons) of the ethnic Cham in the command area of the Stung Chinit South subproject. They reside in two villages in Boeng commune (Baray district).

5. Social Impact Assessment: A socio-economic survey (SES) was carried out on 1,022 Cham households living in Doun Paen and Trapeang Chhuk villages in July 2018. The SES aims to obtain information on demographic characteristics, religion, education level, occupation, income, poverty, and gender issues as well as social and cultural characteristics of Cham ethnic group in the area. The Cham people are bilingual, speaking both Khmer and Cham languages. They have a good relationship with the Khmer (the major ethnic) and have representatives in the communal, district and provincial councils. Cham society is matriarchal with matrilineal descent. Their main income sources are from farming and earnings from daily hired labor. The poverty rate of the Cham community is 12.7%, which is lower than the overall poverty rate of Boeng commune (20.1%).The main factors that cause their poverty are (i) lack of education of households; (ii) households with the elderly and/or the handicapped; (iii) large families and (iv) landless.

6. Potential Impacts on Cham Ethnic Group. According to the result of consultation with Cham people, the communal council and Kampong Thom Provincial Department of Water Resources and Meteorology (PDWRAM), no adverse impacts on the ethnic group are foreseen by the subproject construction. No land acquisition is required by the subproject. The Cham villagers are not using the subproject canals for irrigation as there is not enough water in the canals for use and their farming now is rain-fed agriculture. The subproject implementation would bring some benefits to the local villagers, including (i) farming products diversification; (ii) substantially higher yields (with estimate to one ton per hectare as they had before 2012); and (iii) increased number of cropping seasons per year (2-2.5 seasons per year) - however, these positive impacts will be verified when the detailed engineering design of the subproject is available. Based on the preliminary design of the subproject, consulted Cham people believe that no positive impacts would be by the subproject for their production.

7. Proposed measures for involvement of the local Cham ethnic in and benefit from the subproject. Training workshops with information on suitable crops for cultivation will be conducted to the Cham ethnic group. Additionally, capacity building for the PDWRAM, relevant stakeholders such as Provincial Department of Rural Development (PDRD), Provincial Department of Agriculture Extension, communal councils, Farmer Water User Committees (FWUCs), village leaders and representatives of Cham people in the local is recommended. A consultation, participation and information disclosure plan has been developed. All of these activities aim to ensure that the Cham ethnic group will participate in and receive proper social and economic benefits from the subproject implementation in accordance with their culture, gender and economic development conditions.

8. Information Disclosure and Public Consultation. One public consultation meeting was held on 14 July 2018 with the Cham ethnic group in Boeng commune, representatives of the PDWRAM and Boeng commune council and villager leaders. Additionally, one focus group discussion (FGD) with Cham women was carried out. Total participants of the meeting and FGD was 53, of which 28 are females. The villagers were consulted on (i) the preliminary design of the subproject; (ii) potential negative and positive impacts on Cham ethnic group in the area by the proposed subproject; (iii) proposed measures to mitigate the negative impacts and measures to enhance the positive impacts; (iv) implementation schedule; (v) the proposed project level grievance redress mechanism (GRM) and (vi) arrangements for consultations with and participation of Cham people in the subproject's activities. Information dissemination and consultations will continue after this DDREM gets approved by ADB and throughout the preparation and implementation of the updated DDREM (2021-2022). The final updated DDREM for the subproject will be made available in Khmer and Cham languages and sent to the PDWRAM, authorities of the district and subproject communes, and FWUCs, uploaded on ADB and MOWRAM websites and posted in accessible public places such as village halls, village mosques and communal offices.

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

10. Estimated Cost. Measures to ensure that the local Cham ethnic will participate in and benefit from the subproject will be undertaken. The total estimated budget for implementing of the proposed measures is $3,300, which will be covered from the counterpart funds of the MOWRAM.

11. Institutional Arrangements. The MOWRAM will be responsible for implementing the activities in the final DDREM through the PDWRAM in cooperation with Department of Ethnic Minority Development under Ministry of Rural Development, PDRD, Boeng communal council, village leaders and FWUCs. The activities will be implemented in 2021-2022.

I. PROJECT AND SUBPROJECT DESCRIPTION

A. Introduction

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

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

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

B. Stung Chinit South Subproject in Kampong Thom Province

4. Stung Chinit South subproject targets to improve irrigation for the command area of 16,000 ha covering 11 communes in Baray district, Kampong Thom province. Proposed civil works under the subproject include: 2

(i) Rehabilitation of existing weir of length 0.7km with provision of a reinforced concrete chute and energy dissipation basin. The weir requires rehabilitation by replacing existing rocks with a new reinforced concrete chute downstream of the ogee weir floor and with new construction of stilling basin at the downstream end of the chute section. Rehabilitation is also needed for the cracking of the reinforced concrete floor adjacent to the weir crest; (ii) Upgrading existing main canal with length of 34 km by breaking through three rock layer sections. Provision of water control structures along the main canal consisting of five (05) new cross regulators, four (04) new cross drainage works, two (02) aqueducts, five (05) bridges and 70 off-take/drainage inlets. In addition, four (04) measuring devices are planned at downstream of each cross regulator and four (04) side canal escape at upstream of each cross regulator; (iii) Upgrading of existing 12 secondary canals with total length of about 80 km and one tertiary canal of 4.4km. The improvement activities for the secondary and tertiary canals include (i) re-shaping of canal cross section by clearance of existing vegetation, smoothing of canal bed to have uniform bed gradient and section; (ii) providing 80 checks, 500 off-take structures/drainage inlets and 12 measuring devices. 5. As shown in Table 1, the command area covers 11 communes in Baray district, of which there are two villages in Boeng commune where Cham people reside. Error! Reference source not found. presents the general layout of the Stung Chinit South subproject in Kampong Thom province and location of Cham ethnic villages in the subproject area.

Table 1: District, Communes and Villages in the Command Area District Commune Village Command Area (ha) Baray Chong Doung Tuol Damnak 3,336 Samraong Khsach L'et Kur Tuol Sala Kampaeuy Popech Chong Doung Boeng Boeng Khang Cheung 1,468 Boeng Kandal Boeng Khang Tboung Doun Paen (Cham) Trapeang Chhuk (Cham) Triel Rumchek 2,780 Pnov Svay Msau Triel Tonle Voa Sala Khum Kamnhat Tnaot Thmei Ropeak Pen Angkor Neang Neang L'a Prakhnay Dar Kdei Ta Chen Veal Ampil Thnal Prech

District Commune Village Command Area (ha) Sralau Kokor 1,652 Tuol Ampil Snuol Tuol Pophlea Bos Lvea Toung Otumpoar Andoung Pou Andoung Pou 30 Chrolong Chieb 1,731 Sou Young Khnhaom 431 Pongro Thnal Kaeng 1,668 Tnaot Chum Banteay Chas 784 Preaek Kraol Baray Samraong 986 Chhuk Khsach Doun Tom 1,134 Thmei Serei Reach Chan Lhang Total 16,000 Source: TRTA consultants.

Figure 1: Layout Map of Stung Chinit South Subproject

Source: TRTA consultant

II. SOCIAL IMPACT ASSESSMENT

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

6. In July 2018, a survey team of the Transaction Technical Assistance (TRTA) consultant conducted a socio-economic survey on 1,022 Cham ethnic households in Doun Paen and Trapeang Chhuk villages (Boeng commune) to obtain their baseline socio-economic information, their use of the canals to be improved by the subproject and their opinions on the subproject implementation.

7. Total population of Cham people in the villages is 3,933 (1,022 households). The average household size is 3.8 persons per household. The ratio of males to females is relatively equal. Table 2 below shows the population of Cham people by village. Table 2: Population of Ethnic Groups in the Command Area Household No. of villages where No. of No. of people (person) Ethnic size Commune Ethnic Minority are households group (person/ residing (household) Total Male Female household) Doun Paen 441 1,726 857 869 4 Boeng Cham Trapeang Chhuk 581 2,207 1109 1098 3.8 Total 1,022 3,933 1,966 1,967 3.8 Source: TRTA consultants

8. As shown in Table 3, 56.8% of Cham population is under working age, of whom most are in the age bracket of 15 to 30 (30.1%). Only 9.4% of the population are over 60 years old and 33.9% of the population are under 15 years old. The table below presents the age bracket of the Cham ethnic household members in the command area. Table 3: Age Bracket of Ethnic Household Members in the Command Area Ethnic Under Commune Village 15-30 31-45 46-60 Over 60 Total group 15 M 264 314 113 96 70 857 Doun Paen F 295 317 100 85 72 869 Boeng Cham Trapeang M 438 276 115 170 110 1,109 Chhuk F 336 276 196 174 116 1,098 Total # 1,333 1,183 524 525 368 3,933 % 33.9 30.1 13.3 13.3 9.4 100 Source: TRTA consultants

9. Among household members aged over 15 years old, 63.4% are primary school graduates and 15.0% are secondary school graduates. Percentages of high school graduates, college/university graduates and those not attending school are less than 10%.

Table 4: Education Level of Ethnic Household Members over 15 Years Old in the Command Area Not Ethnic Primary Secondary High College/ Post Commune Village Gender attended group school school school university graduate school Doun M 49 338 51 47 39 Pean F 29 342 109 72 47 Boeng Cham Trapeang M 61 508 115 57 47 Chhuk F 43 459 115 37 33 Total # 182 1,648 391 213 166 % 7.0 63.4 15.0 8.2 6.4 Source: TRTA consultants

10. According to the results of FGD and interviews with Boeng commune officials, the percentages of Cham children who drop out of school in Doun Paen and Trapeang Chhuk villages are 1.1% and 1.8%, respectively. The percentages are higher than the percentage of Khmer children which is only 0.5%. Table 5: Percentage of Children Drop out of School Disaggregated by Ethnicity (%) Commune Village Khmer Cham Doun Paen 1.1 Boeng Trapeang Chhuk 0.5 1.8 Source: TRTA consultants Table 6: Unemployment Rate Commune Village Ethnic group Gender Unemployment Rate (%) M 0.8 Doun Paen F 1.1 Boeng Cham M 1.1 Trapeang Chhuk F 1.5 Source: TRTA consultants

11. The proportion of the working age population aged 15-64 who are unemployed in the villages is 1.2%. Most of the Cham people under working age are engaged in farming (49.5%) and working as daily hired labor (26.2%). A small percentage, 3.8% of the population is workers in the garment factory in the district. Cham people who live along the National Road 6 are engaged in small business. Table 7: Main Occupation of Household Members in Working Age Busin Ethn ess Daily GoV Unem Comm ic Farm Empl Fishe Village man/ hired Office ploye Other Total une grou er oyees rman woma labor rs d p n Doun M 404 23 82 10 0 0 4 0 523 Paen F 426 16 22 32 0 0 6 0 502 Cha Boeng Trapea M 142 142 226 21 24 0 6 0 561 m ng F 133 204 256 22 20 0 10 0 646 Chhuk Tota # 1,106 385 586 85 44 0 26 0 2,232 l % 49.5 17.2 26.2 3.8 2 0 1.2 0 100 Source: TRTA consultants

12. As can be seen in the table below, although 49.5% of the household members are engaged in farming, 25.1% of Cham households have their main income from farming. Wages

7 from daily hired labor and remittance from relatives are the main household income sources of 26% and 25.7% of Cham households in the villages, respectively. Households who are living along the National Road No.6 have their main income from trading, accounting for 14% of total number of Cham households and most of them are from Trapeang Chhuk village. Table 8: Main Source of Ethnic Minority Household Income Wages Salary Earnings from from Remittance Allowances Ethnic Village Farming from daily working from from the Total group trading hired as relatives Government labor employees Doun # 165 30 86 40 106 14 441 Paen % 37.4 6.8 19.5 9.1 24.0 3.2 100.0 Cham Trapeang # 92 113 180 36 157 3 581 Chhuk % 15.8 19.4 31.0 6.2 27.0 0.5 100.0 Total # 257 143 266 76 263 17 1,022 % 25.1 14.0 26.0 7.4 25.7 1.7 100 Source: TRTA consultants

13. Among the Cham population in the villages, 380 people have migrated to Malaysia, Thailand and Korea to work as workers, housekeepers or hired laborers, accounting for 9.6% of Cham population. Most of the migrants are people aged from 15 to 30 years old and the proportion of female migrants is higher than those of males. The participants in the FGD revealed that their household members have to migrate to seek jobs as they mostly have no agricultural land and it is difficult for them to find jobs in the area. The remittance from the migrants is defined as main income source of their households. Table 9: Number of Migrants No. of migrants Commune Village Ethnic group Total Male Female Doun Peang 170 80 90 Boeng Cham Trapean Chhuk 210 95 115 Total # 380 175 205 % 100 46.1 53.9 Source: TRTA consultants

14. According to interviews with village heads and FGD with Cham people, their average monthly household income is about $135 per month while the average monthly household expenditure is about $100 per month.

15. Regarding poverty, out of 1,022 Cham households, 130 households with 500 persons, are categorized as poor households1 (accounting for 12.7%). The poverty rate of Cham people in the villages is lower than the overall poverty rate of Boeng commune which is 20.1%. The main factors that cause the poverty, as identified by the people in the subproject area, are (i) lack of education; (ii) households with the elderly and/or the disabled; (iii) large families and (iv) landless (Table 10). In 2017, the Islam Association conducted support programs on building more than 100 houses and 1025 pumping wells to Cham households in the villages.

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

Table 10: Number of Cham Households with Poor ID Poor households Reasons for poverty (%) No labor Ethnic (households Village No. of No. of Lack of Landless Large group with the elderly households people education households family and/or the handicapped) Doun Pean 60 240 2 10 25 23 Trapeang Cham 70 260 6 9 30 25 Chhuk Total # 130 500 8 19 55 48 % 100 6.2 14.6 42.3 36.9 Source: TRTA consultants

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

17. It takes children less than half of an hour to go to primary school and secondary school in the commune. The high school is located in the district centre. Private physicians are available in the villages for medical check-ups, and for further treatment, the villagers go to the provincial hospital in Kampong Thom.

18. Cham people in the villages used to take water from the secondary canals for their irrigation before 2012. In 2012, the commune council hired a contractor to make the main canal wider and deeper. After that the water from the secondary canals poured into the main canal and the villagers did not have enough water from the secondary canals for irrigation. Before 2012, the water from the secondary canals was not enough for the villagers to irrigate their fields and they cultivated one season per year only. Therefore, they have not been using the canals for irrigation and their farming is rainfed agriculture. All of the surveyed households agreed with the proposed subproject implementation and they expected to get benefits from the improved irrigation system. The Cham community will have access to irrigation water after the subproject is completed.

B. Social and Cultural Characteristics of Cham Ethnic Group

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

20. Cham people in the command area are traditional Muslims, along the lines of Arab Muslims. Cham dedication to their religion has helped them survive as an ethnic group. The Cham worship in their own mosques. They pray five times per day. While the women pray at home, men go to the village mosque. The Cham wear distinctive clothing. Both men and women wear a batik, a garment much like a sarong, which is worn knotted around the waist. Men wear a shirt over their

9 batik, while women wear close-fitting blouses with tight sleeves over theirs. Men and women usually cover their heads with turbans or scarves. On religious days, leaders dress completely in white and shave their heads and beards. Children usually wear shorts and go barefoot or wear rubber thongs.

21. Education is available to both boys and girls. However, the boys and the girls study in different classes.

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

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

24. According to the result of FGD with Cham people, there is no discrimination between Cham and Khmer people in leadership of the area. Cham people have representatives in the commune, district and provincial councils and also secretary of the Government. In other words, the Cham ethnic in the Stung Chinit South subproject areas is well integrated in the Khmer society.

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

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

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

28. In terms of roles in community affairs, both Cham men and Cham women participate in the local organizations and perform roles in community affairs. According to the SES result, for the most Cham families, husbands participate in commune councils (Table 11). While women spend 35 hours per year in participating in community festivals and celebration, men spend 25 hours per year in the activities. Regarding participation in community meetings, men and women spend 30 and 45 per year respectively. Men spend more time in taking part in community mobilizations and repairing community structures than women do (Table 12). Table 11: Participation in Local Organizations both Husband husband Wife only Total Only Local Organizations and wife # % # % # % # % Commune council 10 3.9 106 41.2 6 2.3 122 47.5 Credit cooperative 5 1.9 1 0.4 5 1.9 11 4.3 Farmer's organization 6 2.3 23 8.9 39 15.2 68 26.5 Group savings and loan association 7 2.7 2 0.8 6 2.3 15 5.8 Mother/Women's association 1 0.4 2 0.8 14 5.4 17 6.6 Parents’ association of your children’s school 3 1.2 1 0.4 4 1.6 8 3.1 Temple committee/ Religious group 11 4.3 4 1.6 1 0.4 16 6.2 Total 43 16.7 139 54.1 75 29.2 257 100 Source: TRTA consultants Table 12: Average Time Spent Performing Community Roles Performing Community Roles Men (Hours/Year) Women (Hours/Year) Participation in community festivals and 25 35 celebration Participation in community meetings 30 45 Participation in community mobilizations 43 32 Participation in repair of community structures 44 28 Participation in training and capacity-development 41 43 Source: TRTA consultants

III. INFORMATION DISCLOSURE, CONSULTATION AND PARTICIPATION

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

29. During preparation of the DDREM, TRTA consultants conducted one consultation meeting with Cham ethnic people in two villages (Doun Peang and Trapean Chhuk villages) together with representatives of Kampong Thom PDWRAM, Boeng commune officials and Baray district. The meeting was held on 14 July 2018 with a total of 41 participants. Additionally, one focus group discussion with Cham women in Boeng commune (12 participants) was carried out on the same day. The list of the participants in the meeting and the summary of the meeting are enclosed in Appendix 1 of this report. Of the 53 attendants in the meeting and FGD, 28 are females.

30. The information gained through consultation with the participants during the meeting and FGD is incorporated in the (i) subproject's preliminary design; (ii) potential positive and negative impacts on Cham ethnic group in the command area; (iii) proposed measures to mitigate the negative impacts and measures to enhance the positive impacts on Cham ethnic group; (iv) entitlements on compensation and assistance in case land acquisition is required; (v) implementation schedule; (vi) the project level GRM and (vii) arrangements for consultations with

11 and participation of Cham people in the subproject's activities. All concerns raised by and opinions put forward by the participants have been addressed and incorporated into this DDREM.

31. The table below summarizes the results of discussions with local people and authorities on the related issues.

Table 13: Summary of Public Consultation Meeting and FGD with Cham Ethnic Group Opinions, Suggestion and Concerns Issues Responses to the Local People of Local People Preliminary design of • Local farmers requested TRTA • The TRTA design engineers the subproject design engineers and PDWRAM to confirmed to conduct a field- consider (i) putting the gates at assessment together with local appropriate places in the canal so authorities and PDWRAM on the as water can-be controlled to request of the local people. irrigate the fields; (ii) dredging the Suitable suggestions will be canal's bed; and (iii) improving the incorporated in the detailed surface of the embankments. engineering design of the • Meeting participants also subproject (in 2021). requested TRTA/PDWRAM to consider including improvement of two tertiary canals namely Trapaing Chuke and Doung Pean in the subproject (dredging the canal's bed; putting the structures along the canals; improvement the surface of the embankments). Potential positive • Cham people agreed with the • During detailed engineering impacts and subproject implementation. design, the engineers will discuss measures to enhance • The subproject implementation with the villagers on the the positive impacts would bring benefits to Cham appropriate places in the canal to people in the area including (i) rice put the gates to control of water. yield in the area would be • FWUCs will be established to have increased; (ii) local farmers would responsibility in maintenance of cultivate more seasons, 2 – 2.5 the canals, and water distribution times/year; and (iii) they would in the command area. diversify farming products: planting • Information on suitable crops for other trees, raising dairy cows and cultivation will be provided to the fishing. To bring benefits to the villagers by district and communal Cham people, the gates to control agricultural extension. of water should be put in appropriate places in the canal as recommended by the villagers. Potential negative • There are no land acquisition • During construction of the canals, impacts and impacts caused by the subproject. local authorities and people will measures to mitigate • During the construction phase, supervise the construction the negative impacts water could be blocked section by activities together with the PMU section. However, Cham people in and PDWRAM to ensure that the the command area are not using paddy land that the canals traverse water from the subproject canals - through (those will be improved they cultivate one season per year under the subproject) will not be but it is rainfed agriculture. affected. • Impacts caused during the • During the construction stage, if construction phase (if any) should there are any impacts on land or be compensated. other assets on land of the local • Local villagers concerned that people - compensation will be during the construction, siltation made at replacement cost by the which would be removed from the contractor with proper monitoring main canal could be deposited on of PMU, PMIC and local their land, canal embankments or authorities.

Opinions, Suggestion and Concerns Issues Responses to the Local People of Local People the village road, which causes loss • Siltation will be used to improve the of crops and traffic disturbances. canal embankments or dumped into an empty public land - and this issue is addressed in the environmental management plan. Implementation • Participants agreed with the • Local farmers and subproject schedule proposed schedule implementation communities will be informed six- of the proposed subproject and months in advance on the civil suggested that civil works should works schedule so that they can not be in the dry-season as farmers plan their planting season need water for their production in according. that season. The proposed project • The proposed project level GRM • Contact details of relevant levels of level GRM has been disclosed to the the GRM will be indicated in the community. The participants PIB that will be delivered to local agreed with the proposed GRM people in the next consultation and confirmed that it is followable. meetings when the draft detailed • Contact details of relevant levels of engineering design of the GRM should be provided to the subproject is consulted in the villagers. locality. Arrangements for • Subproject implementation • Subproject implementation consultations with schedule should be updated to schedule and other subproject- and participation of local people and authority related information will be informed Cham people in the regularly. to communal/village leaders, and Subproject's posted in the public accessible activities. places such as mosques, village meeting halls, house of village leaders, and others. • During the preparation of subproject detailed engineering design, the PMU and PDWRAM will organize the public consultation meetings with participation of local authorities and people to gather the concerns, suggestions and opinions to settle the technical issues. • The PMU, PDWRAM, PMIC will consult regularly with local people to settle the issues, if any, during construction of canals, and also in the project completion evaluation. FWUC = Farmer Water User Committee; GRM = Grievance Redress Mechanism; PDWRAM = Provincial Department of Water Resources and Meteorology; PIB = Project Information Booklet; PMIC = Project Management and Implementation Consultant; PMU = Project Management Unit; TRTA = Transaction Technical Assistance Source: Consultation, July 2018, TRTA consultants

B. Information Disclosure

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

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

34. Table 14 presents the consultation, participation and information disclosure plan. The consultation plan will be undertaken to ensure informed participation in all facets of the subproject cycle. Timely disclosure of relevant and adequate information will be made that is understandable and readily accessible to affected people/gender, in an atmosphere free of intimidation or coercion. Table 14: Consultation, Participation and Information Disclosure Plan Target Source of Issue Means of communication Responsibility Timing audience funds Meeting with the communities to discuss and Communal Disclosure obtain community councils and of comments on the proposed • PMU villagers in the proposed detailed engineering design • PDWRAM November Counterpart command area, detailed Incorporation of the 2021 fund especially • PMIC engineerin comments and changes Cham ethnic consultants g design needed in the detailed group engineering design of the subproject. Communal Meeting with Cham ethnic councils and group to discuss potential • PMU Updating villagers in the impacts and proposed • PDWRAM Counterpart of the command area, March 2022 mitigation measures based fund DDREM especially • PMIC on the detailed engineering Cham ethnic consultants design of the subproject. group Following Dissemination of the formal Communities in agreed EDGP in Khmer approval the subproject and Cham languages to the and Counterpart • PMU Disclosure areas; relevant PDWRAM, FWUCs, local concurrence fund of agreed stakeholders authorities (district and from the DDREM commune), village heads Government and ADB When the Public disclosure on ADB • ADB General public DDREM is and MOWRAM’s websites • MOWRAM accepted Upon submission Disclosure of periodic of periodic Public disclosure on ADB • ADB monitoring internal Public and MOWRAM websites • MOWRAM reports by monitoring the PMU reports (semi- annual)

ADB = Asian Development Bank; DDREM = Due Diligence Report on Ethnic Minority; FWUCs = Farmer Water User Committees; PDWRAM = Provincial Department of Water Resources and Meteorology; PMU = Project Management Unit; TRTA = Transaction Technical Assistance

IV. BENEFICIAL MEASURES

A. Potential Impacts on Cham Ethnic Group

35. The subproject implementation will bring some potential benefits to local Cham villagers as discussed in the public consultation meeting and FGD held in July 2018 as follows: (i) Improved irrigation system will allow farming products diversification. As discussed in the consultation meeting, if the subproject is implemented and water is available and is more sufficient than before in the tertiary canal, Cham people can plant vegetables, sweet potatoes, corn, raise ducks and go fishing. (ii) Before 2012, Cham villagers used to do rice farming with the rice yield of about one ton per hectare. Now the rice yield is lower due to lack of water for irrigation. The yield is expected to be higher or at least equal to one ton per hectare as the villagers had before if the canals are upgraded by the subproject. (iii) Now Cham villagers cultivate only one cropping season per year and they rely on rainfed agriculture. If the canals are upgraded and the water from the canals is sufficient and stable, the number of cropping seasons per year that Cham villagers cultivate could be increased to 2-2.5 seasons per year.

36. However, the aforementioned potential benefits can only be when gates to control of water in the canal are constructed at the appropriate places as recommended by the villagers. The intervention will be considered during detailed engineering design of the subproject (if the gates will be installed, and where are the technically appropriate places to put the gates so as the water in the canal can-be controlled, etc.); therefore, the impacts on agricultural production of the local Cham people will be verified once the detailed engineering design of the subproject is available.

37. According to the results of public consultation and FGD with Cham people held in Boeng commune in July 2018, the subproject implementation will not cause any adverse impacts on the Cham ethnic group in the command area. (i) The subproject focuses on rehabilitation of weir, upgrading the existing main canal and secondary canals as well as installation of structures, no new construction of canals is under the subproject. Regarding the rehabilitation of the weir, there are no trees, crops or structures of private individuals or households within the ROW of the weir and the access road to the weir (the access road for transporting of construction materials is 6 m width). Furthermore, there is free space to the north of the weir which could be used as lay-down area for storing of construction materials or construction equipment. No land acquisition, therefore, is anticipated due to the rehabilitation of the weir. Regarding the modernization of the main canal and secondary canals, there are no trees, crops, structures or businesses of individuals or households on the existing canal embankments. Therefore, no land acquisition is required by this component. The Resettlement Due Diligence Report for the subproject has been prepared separately to clarify this issue. (ii) Two Cham villages in the subproject area had used water from the tertiary canal to irrigate their paddy fields and they only had sufficient water to cultivate one season per year before Thai Soksan Company came to make the main canal deeper and wider in 2012. When the main canal was deeper, the water in the tertiary canal and their fields was sucked out to the main canal. As a result, there was not enough water for the villagers to irrigate their

fields. In 2016 and early 2018, the commune council tried to solve the problem by the installation of a water-gate to barrier the water, but it failed due to the weakness of the contractors’ capacity. The villagers have not been able to use the canal since 2012. They have cultivated one season per year but it is rainfed agriculture. Therefore, blocking water in the canal section by section during the construction phase will not cause any negative impacts on local farming. The subproject is considering to improve the canal to shift them back to irrigated farming by dredging the canal bed and improving of the canal embankments. Suggestions of the local Cham people on putting more gates in the appropriate locations to control of water in the canal are being considered by TRTA engineers. The suggestions of the local ethnic people and the proposal of the TRTA engineers after technical investigations will be considered by the detailed engineering design consultant. B. Beneficial Measures

38. As there is no potential negative impact identified by the subproject implementation, no mitigation measure for negative impacts by the subproject is, therefore, prepared. Measures to promote positive impacts of the subproject to the Cham ethnic group (if the gates to control of water in the canal are considered) have been developed in consultation with and with the participation of the Cham ethnic group. Table 15: Beneficial Measures

Measures Responsibility Activities Timeframe Cost estimate Better crop PDWRAM • Regularly carry out • From Quarter • Included in diversification Provincial operation and 3, 2023 local budget Department of maintenance of the and FWUCs’ Agriculture canals* budget Extension • Workshops on assisting • From May • 02 workshops FWUCs the villagers in choosing 2022 x $500/ Communal suitable crops for workshop = councils cultivation $1,000

Substantially higher PDWRAM • Regularly carry out of • From Quarter • Included in yields FWUCs operation and 3, 2023 FWUCs’ Farmers maintenance of the budget canals Increased number of PDWRAM • Regularly carry out of • From Quarter • Included in cropping seasons per FWUCs operation and 3, 2023 FWUCs’ year Farmers maintenance of the budget canals FWUC = Farmer Water User Committee; PDWRAM = Provincial Department of Water Resources and Meteorology; PMU = Project Management Unit; TRTA = Transaction Technical Assistance

*The project activities will be planned in the way which enables continuous access to water for the Cham groups.

V. CAPACITY BUILDING

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

40. The MOWRAM and other relevant stakeholders have not had experience in the implementation of ethnic minority activities. Substantial social, cultural and gender awareness and capacity will be required for all IAIP project staff. Concerned government employees such as staff from MOWRAM, Kampong Thom PDWRAM, Department of Agriculture Extension, communal councils as well as heads of two Cham villages, representatives of the youth and Cham women in these villages will be provided with training and orientation on applicable policies on Indigenous Peoples of the RGC and ADB, the requirements of social impact assessment, establishment of functional GRM, consultation, communication and disclosure requirements, monitoring and reporting on implementation of the required activities in the final DDREM, including monitoring methods and tools. It is expected that such training and orientation will enhance legal, social and technical capabilities of relevant stakeholders to address Indigenous Peoples’ issues in the subproject area.

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

42. These training workshops will be supported by the gender and social safeguard/ resettlement specialists of PMIC under the PMU and budget for the training workshops has been included in the DDREM budget in Chapter IX, which will be covered from the counterpart funds of the MOWRAM.

VI. INSTITUTIONAL ARRANGEMENTS

A. National Level

43. The Ministry of Economy and Finance (MEF) is the official representative of the Government as the borrower and recipient of funds. Funds flow will be the responsibility of MEF and this body will work closely with the executing agency. It is the responsibility of the MEF to:

(i) Fulfill government fiduciary and financial management oversight; (ii) Provide sufficient counterpart contribution for project activities in a timely manner; and (iii) Ensure delays are not encountered in project procurement.

44. MOWRAM will be the executing agency and will be responsible for overall project management, coordination, and reporting. The MOWRAM will establish a PMU. The PMU will have the responsibility for the day to day management, coordination and supervision of the subprojects, as well as consultant recruitment, financing and fund flow and the oversight of safeguard issues and measures. The specific tasks of the PMU are as follows:

(i) Coordinate with the PDWRAM in updating the DDREM following the final detailed engineering design of subproject; recommend to the MOWRAM for submitting the DDREM and the updated DDREM to ADB for the review and approval; implement the agreed measures in the updated DDREM. (ii) Carry out the development and implementation of training programs for the provincial departments, districts, communes on the required activities in the final DDREM and grievance redress with support from the social safeguard/resettlement specialists of PMIC; (iii) Report the status of funding matter to the MOWRAM to ensure that the budget for the required activities covered under the final DDREM is available and adequate; (iv) Provide information to, and to work closely with the relevant departments and local governments in the implementation of the subproject; (v) Monitor and report the settlement of complaints relating to the subproject and ensure that the GRM operates effectively and representatives of Cham people are included in the Grievance Redress Committee. (vi) Implement the internal monitoring on implementation of the required activities to ensure that the activities are implemented in compliance with the agreed DDREM; (vii) Coordinate with relevant agencies in the subproject areas to ensure the dissemination of relevant subproject and program information and community consultations. B. Arrangements for Implementation of the Agreed Measures in the DDREM

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

C. Provincial Level

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

47. Although implementation teams are from provincial agencies, district level staff will complement provincial teams if and when possible and depending upon local resource conditions. The project implementation teams will work closely with communal council officials as well as

18 village administration officials. The commune and village levels play an important role in coordinating between project and community and will assist in conducting surveys, collecting data, and also assist in arranging appointments with community groups and households as needed.

E. Project Management and Implementation Consultants (PMIC)

48. Social safeguard/ resettlement specialists of the PMIC will support the PMU under MOWRAM in updating the DDREMs for the subprojects and in performing internal monitoring on implementation of the required activities in the final DDREMs on behalf of the PMU for all subprojects under the Project. Specific tasks of the social safeguards specialists include: (i) Assist the PMU in updating of DDREMs for the subprojects and provide needed technical support to facilitate its approval and subsequent implementation and monitoring on the agreed activities in the final DDREMs; (ii) Ensure the MOWRAM and other line agencies’ safeguards compliance with requirements in implementing the agreed activities in the final DDREMs; (iii) Design and actual facilitation of capacity development activities for all project management/implementers on ADB’s social safeguards policies; (iv) Assist the PMU in concept-building of an effective approach to information dissemination to subproject beneficiaries on the Project, its progress and on community and beneficiary participation; (v) Provide technical assistance in the development and production of information materials using as context the local situation in the subproject area; (vi) Backstop the PMU and local authorities in the actual conduct of the information campaigns, public consultation, and community participation on the social safeguards; (vii) Ensure that grievances are addressed promptly and properly, the GRM is functioning well, Cham people representative is included in any redress of grievances lodged by the Cham group member and the project progress/monitoring reports reflect status of grievances received and addressed per period; (viii) Provide periodic training on grievance redress procedures; (ix) Establish and implement liaison mechanisms to ensure proper technical and logistical support to PMU, local administrative authorities, resettlement committees and concerned government departments; (x) Establish and implement procedures for internal monitoring; (xi) Train the PMU assigned social safeguards focal person to carry out internal monitoring and reporting on implementation of measures in the agreed DDREMs; (xii) Prepare quarterly status reports and periodic spot checks on the implementation of required activities in the final DDREMs, to be submitted to ADB through the PMU.

Diagram 1: Chart of Institutional Arrangements

MEF MOWRAM MRD

PMIC PMU DEMD

PDWRAM PDRD

District/commune and village levels

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

VII. GRIEVANCE REDRESS MECHANISM

49. To ensure that any questions and complaints from the residents (not only relating to the ethnic issues, but also to other issues of the subproject) are addressed in a timely and satisfactory manner, and that all possible avenues are available to residents to air their grievances, a project level GRM will be established in 2021 when the draft detailed engineering design is made publicly.

50. This mechanism will resolve concerns and complaints from local people in an active and timely manner through an easy-to-understand and clear process that is appropriate for local cultures and is easily accessed by all the displaced residents with no cost and penalty. This mechanism will not cause any obstructions to access to the national judiciary and administrative systems. All expenses related to the grievance will be borne by the Project. In the public consultation meeting and FGD with Cham people in July, 2018 - this proposed project level GRM was agreed by all the meeting participants and the agreements have been documented in the minute of meeting. The Grievance Redress Committee will comprise of representatives from relevant agencies as presented in the following table.

Table 16: Proposed Composition of Grievance Redress Committee Members of Grievance Redress Committee Number of Persons Representative of PMU 1 Representative of PDWRAM 1 Representatives of District Council (one head and one district officer who is 2 Cham ethnic) Representatives of Commune Council (one head and one commune officer 2 who is Cham ethnic) Village heads (one for each village x 2 villages) 2 PMU = Project Management Unit; PDWRAM = Provincial Department of Water Resources and Meteorology

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

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

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

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

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

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

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

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

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

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

Diagram 2: Proposed Grievance Redress Mechanism

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

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

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

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

Resolved Not Resolved End of Administrative Procedure

Court Choice to file suit Court makes decision

MOWRAM = Ministry of Water Resources and Meteorology

VIII. MONITORING, REPORTING, AND EVALUATION

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

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

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

IX. BUDGET AND FINANCING PLAN

58. The cost estimated for the implementation of the required activities in the final DDREM for the subproject is $3,300. The cost will be covered from the counterpart funds of the Executing Agency (MOWRAM). Table 18: Estimated Budget for the DDREM Implementation Unit price Items Unit Quantity Amount ($) ($/ unit) Workshops to assist the villagers in choosing session 2 500 1,000 suitable crops for cultivation Capacity building for PDWRAM, communal session 2 500 1,000 councils, etc. Capacity building for village leaders, FWUCs, representatives of the youth and Cham session 2 500 1,000 women in the villages, etc. Total 3,000 Contingency (10%) 300 GRAND TOTAL 3,300 FWUC = farmer water user community, PDWRAM = Provincial Department of Water Resources and Meteorology.

X. CONCLUSIONS AND RECOMMENDATIONS

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

60. Although there is no potential negative impact by the subproject implementation on the local ethnic group identified, measures have been recommended to ensure that the local ethnic group participates in and benefits from the subproject implementation and the potential positive impacts of the subproject are promoted. The proposed measures have been consulted with the local ethnic group in the subproject area, local authorities and concerned agencies.

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

62. In-case impacts by the subproject on the local Cham ethnic are identified (if the gates are constructed in the technically appropriate locations - and local ethnic group and local authorities together with PMIC engineers confirmed that water in the canal is controlled with the intervention), an IPP shall be prepared by MOWRAM for the subproject with support from the social safeguard specialists of the PMIC to submit to ADB. The IPP shall follow the objectives, principles and requirements of the ADB's SPS (2009) and the relevant policies of the RGC on IPs.

Appendix 1 25

MINUTES OF CONSULTATION MEETING WITH CHAM ETHNIC GROUP DURING THE DDREM PREPARATION

Public Consultation Meeting Stung Chinit South Subproject, Kampong Thom Province

Date: 14 July, 2018 Location: Boeng Commune, Baray District, Kampong Thom Province

I. Participants

- Ms.Hap Navy - National Gender and Social Safeguard Specialist of TRTA - Mr. Phai Sok Heng - Design Engineer of TRTA - Mr. Dem Sophal - Deputy of Kampong Thom PDWRAM - Ms. Sos Mary - Vice Commune Council of Boeng commune - Mr. Mat Smarn - Head of Don Phen Village - Mr Ras Mat - Head of Tror Peng Chhuk Village - Villagers - 41 Cham villagers, of which 16 are females.

II. Issues Discussed

- TRTA design engineers and social safeguard team provided participants with relevant information including: (i) Preliminary design of the subproject; (ii) Subproject potential negative impacts and positive impacts on the Cham ethnic group in the command area; (iii) Proposed measures to mitigate the negative impacts and measures to enhance the positive impacts; (iv) Proposed grievance redress mechanism (GRM); (v) Implementation schedule; (vi) Arrangements for consultations with and participation of Cham people in the subproject activities.

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

III. Consultation Results

1. Regarding the subproject preliminary design

- The Stung Chinit South subproject plans to (i) rehabilitate the existing weir; (ii) upgrade the main, 12 secondary canals and one tertiary canal by dredging the canal bed; clear of existing vegetation in the canals; provide necessary checks, off-take structures and flow measuring devices; and improve the surface of the embankment.

- Interventions proposed to the secondary canal in the commune (Boeng Commune) by the TRTA/PDWRAM were just clearance of vegetation along the canal and dredging of the canal bed. Local farmers, however, requested TRTA design engineers and PDWRAM to consider (i) putting the gates at

26 Appendix 1 appropriate places in the canal so as water can-be controlled to irrigate the fields; (ii) dredging the canal's bed; and (iii) improving the surface of the embankments. With the water gates installed to control, water will not be sucked out to the main canal once the main canal has been deepened. Meeting participants also requested TRTA/PDWRAM to consider including improvement of two tertiary canals namely Trapaing Chuke and Doung Pean in the subproject (dredging the canal's bed; putting the structures along the canals; improvement the surface of the embankments). The TRTA design engineers confirmed to conduct a field- assessment together with local authorities and PDWRAM on the request of the local people. Suitable suggestions will be incorporated in the detailed engineering design of the subproject.

- Regarding current use of canals to be improved by the subproject, villagers had used water from the tertiary canal to irrigate their paddy fields and they had enough water to cultivate one season per year before Thai Soksan company came to make the main canal deeper and wider in 2012. When the main canal was deeper, the water in their fields and in the tertiary canal was sucked out to the main canal. As a result, there was not enough water for the villagers to irrigate their fields. In 2016 and early 2018, the commune council tried to solve the problem by the installation of a water-gate to barrier the water, but it failed because of the contractors’ weak capacity. Now the villagers have not been using water from the canals anymore, they cultivate one season per year but it is rainfed agriculture.

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

- Negative impacts:

There would be no significant negative impacts on the Cham ethnic group. Based on the preliminary design of the subproject, all of the meeting participants assessed that no land acquisition is required for the subproject implementation. However, during construction of the canals, local authorities and people will supervise the construction activities together with the PMU and PDWRAM to ensure that the paddy land that the canals traverse through (those will be improved under the subproject) will not be affected.

During the construction phase, water in the canals could be blocked section by section, however, local farming will not be affected as the villagers rely on rainfed agriculture. The local villagers concerned that when dredging the canal, the contractor(s) could put the mud on their land without permission and compensation.

- Positive impacts:

The subproject implementation could bring benefits to Cham people in the area including (i) rice yield in the area could be increased; (ii) local farmers could cultivate more seasons, 2 – 2.5 times/year; and (iii) they could diversify farming products: planting other trees: vegetables, sweet potatoes, corns, raising dairy cows and fishing.

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

- Measures to mitigate negative impacts: During the construction stage, if there are any impacts on land or other assets on land of the Cham people - compensation will be made by the contractor with proper monitoring of PMU, PMIC and local authorities. Compensation provisions for the temporary impacts during construction will be as below: (i) For affected paddy land, cash payment for the affected land by the net-income that would have been derived from the affected land area during the period of disruption (identified by the household, village and commune leaders, PDWRAM and the construction contractor). (ii) For the affected paddy on land, cash compensation at market rate (calculated by the paddy yield on the affected area - the average yield of paddy of 03 consecutive years- multiplying by the paddy price - the average price of paddy of 03 consecutive years) will be made. (iii) For affected trees, cash compensation at market rate (identified by the community, PMU, PDWRAM and construction contractor) will be made.

- Measures to enhance positive impacts:

Appendix 1 27

FWUC will be established to have responsibility in participation in maintenance of the canals, and water distribution in the command area. Training workshops on plant seeds selection should be provided to the villagers to help them choose the best types of crops to cultivate.

4. Regarding schedule implementation

All of the participants agreed with the disclosed GRM and tentative schedule implementation. The proposed subproject implementation schedule was presented. The meeting participants mentioned only one request that civil works should not be in the dry-season as farmers need water for their production in that season.

The local farmers and subproject communities will be informed six-months in advance on the civil works schedule so that they can plan their planting season according.

5. Regarding grievance redress mechanism

The villagers agreed with the proposed GRM. Contact details of relevant levels of the GRM will be indicated in the PIB that will be delivered to local people in the next consultation meetings when the draft detailed engineering design of the subproject is consulted in the local.

6. Regarding arrangements for consultations with and participation of Cham people in the subproject activities.

Implementation schedule and other information of the subproject will be disseminated to villagers and publicized at the accessible places such as village meeting halls, house of village head and office of commune. During the preparation of subproject detailed engineering design, the PMU and PDWRAM will organize the public consultation meetings with participation of local authorities and people to gather the concerns, suggestions and opinions to settle the technical issues - if any. The PMU, PDWRAM, PMIC will consult regularly with local people to settle the issues, if any, during construction of canals, and also in the project completion evaluation.

28 Appendix 1

List of Participants in the Consultation Meeting

Appendix 1 29

30 Appendix 1

Appendix 2 31

PHOTOS TAKEN DURING DDREM PREPARATION

Consultation Meeting with Cham People in Boeng Commune, Baray District

32 Appendix 2

Focus Group Discussion with Cham women in Boeng Commune, Baray District

Site visit with Kampong Thom PDOWRAM