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Semi-annual Social Monitoring Report- Indigenous People Project No. 39432-013 June 2019 Participatory Small-Scale Water Resources Sector Project Prepared by Bangladesh Water Development Board for the People’s Republic of Bangladesh and the Asian Development Bank. This Semi-annual Social Monitoring Report- Indigenous People is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature. In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area. Indigenous Peoples Plan Monitoring Report Project No. 39432-013 Semiannual Report June 2019 Participatory Small-Scale Water Resources Sector Project Prepared by Local Government Engineering Department for the People’s Republic of Bangladesh and the Asian Development Bank. This social monitoring report is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature. 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. Semiannual IP safeguards Monitoring Report Loan No. 2542- BAN (SF) June 2019 2542-BAN (SF): BAN: Participatory Small-Scale Water Resources Sector Project (PSSWRSP) CURRENCY EQUIVALENTS (as of 31 December 2017) Currency unit – taka (Tk) Tk1.00 = $0.01209 $1.00 = Tk82.650 NOTES (i) The fiscal year (FY) of the Government of Bangladesh ends on 30 June. FY before a calendar year denotes the year in which the fiscal year ends, e.g., FY2017 ends on June 2017. (ii) In this report, "$" refers to US dollars. This Semiannual IP Safeguards Monitoring Report is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature. 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. GOVERNMENT OF THE PEOPLE’S REPUBLIC OF BANGLADESH PARTICIPATORY SMALL SCALE WATER RESOURCES SECTOR PROJECT (PSSWRSP) ADB Loan No. 2542-BAN (SF) Semiannual IP safeguards Monitoring Report (January-June, 2019) Local Government Engineering Department Local Government Division Ministry of Local Government, Rural Development and Cooperatives Project Management Office Project Director, PSSWRSP RDEC Bhaban (5th Floor), LGED HQ, Agargaon, Dhaka 1207 August-2019 TABLE OF CONTENTS Sl.No. Chapter Title Page Abbreviations I 1. Introduction 1 2. Background 1 3. ADB’s policy for Safeguards Indigenous People 2 4. Indigenous Peoples in Bangladesh 2 5. Indigenous Peoples in Project area 3 6. Recommendations 4 7. Conclusion 5 Annexure: Annexure 1: Indigenous Peoples Impact Categorization (Dhaka Division) Annexure 2: Indigenous Peoples Impact categorization (Chittagong Division) Annexure 3: Indigenous Peoples Impact Categorization (Rajshahi Division) Annexure 4: Indigenous Peoples Impact Categorization (Khulna Division) Annexure 5: Indigenous Peoples Impact Categorization (Barisal Division) Annexure 6: Indigenous Peoples Impact Categorization (Rangpur Division) Attachments: Attachment-1: Subprojects of Dhaka Division Attachment-2: Subprojects of Chittagong Division Attachment-3: Subprojects of Rajshahi Division Attachment-4: Subprojects of Khulna Division Attachment-5: Subprojects of Barisal Division Attachment-6: Subprojects of Rangpur Division Semiannual IP safeguards monitoring report II PSSWRSP July-August 2019 ABBREVIATIONS ADB = Asian Development Bank AP = Affected Person CBE = Commercial and Business Enterprise DC = Deputy Commissioner DD = Detailed Design DMS = Detailed Measurement Survey E = East EA = Executing Agency FGD = Focus Group Discussion Ha = Hectare ICT = Information and Communication Technology IP = Indigenous Peoples IWRMU = Integrated Water Resources Management Unit Km = Kilometer LGED = Local Government Engineering Department N = North NPRR = National Policy on Resettlement and Rehabilitation O&M = Operation and Maintenance PIC = Project Implementation Consultant PMO = Project Management Office PSSWRSP = Participatory Small Scale Water Resources Sector Project RF = Resettlement Framework RP = Resettlement Plan SES = Socio Economic Survey SSWR = Small Scale Water Resources TK = Taka (Bangladesh Currency) WMCA = Water Management Cooperative Association Semiannual IP safeguards monitoring report II PSSWRSP July-August 2019 Semiannual IP safeguards monitoring report under Participatory Small Scale Water Resources Sector Project (PSSWRSP), LGED. 1. Introduction United Nations 61 st General Assembly in September 2007 adopted the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) which refers to “ Obtaining Indigenous communities, free, prior, and informed consent prior to the approval of any project affecting them”. This non-binding declaration was supported by many countries in Asia and Pacific. The Asian Development Bank (ADB) recognizes the rights of Indigenous Peoples to direct the course of their own development. Indigenous Peoples communities are increasingly threatened as development program infringe into areas that they traditionally own, occupy, use or view as ancestral domain. Special efforts are needed to ascertain the consent of affected Indigenous Peoples communities in the planning of development programs that affect them, in, particular, development programs that are supposedly designed to meet their specific needs and aspiration. For the purpose of policy application, it is proposed that the consent of affected Indigenous people’s communities refers to a collective expression by the affected Indigenous people’s communities through individuals and /or their recognized representatives, of broad community support for the project activities. Local Government Engineering Department (LGED) is implementing 265 new subprojects being aware of safeguard issues of Indigenous Peoples in Bangladesh. 2. Background The Participatory Small-scale Water Resources Sector Project (PSSWRP) is the outcome of lessons learned from previous ADB, Dutch and IFAD investments in First & Second Small Scale Water Resources Development Projects from 1996 to 2010 which has developed 580 subprojects in 61 districts of Bangladesh. The Project aims to develop sustainable, stakeholder-driven small-scale water resources management systems. It has three outputs: (i) institutional strengthening of government agencies at all levels to support small scale water resources (SSWR) development, (ii) participatory subproject development, which will include poor and vulnerable groups and will enable WMCA to plan, implement, operate and maintain subprojects; and (iii) construction and maintenance of 265 new subprojects and performance enhancement of 147 subprojects (out of 580 completed from SSW-1 & SSW-2 subprojects). During identification, preparation of Participatory Rural Appraisal (PRA), Feasibility Study (FS) and Detail Design (DD), the subproject beneficiaries were consulted about the presence of Indigenous Peoples within the command area. Moreover, while preparing Socio economic survey report and Environmental Mitigation Plan the aspect of Indigenous Peoples were investigated to find out their existence in subproject areas. Though there are habitations of Indigenous People in the many districts of Bangladesh but in the subprojects under study within PSSWRSP the existence of Indigenous Peoples which are directly affected is not found. There are subprojects where the benefits of infrastructure development and institutional activities are influenced to the area where there are habitations of Indigenous Peoples. Semiannual IP safeguards monitoring report 1 PSSWRSP Ju ly – August 2019 The Project is jointly funded by the Asian Development Bank (ADB) and International Fund for Agricultural Development (IFAD). The total project cost is USD119.797 million: The loan (L2542-BAN) was approved by ADB on 4 September 2009 for USD55.0 million. IFAD provides two loans amounting to USD32.0 million, and domestic contributions amount to USD 32.8 million. The first IFAD loan (loan no.786) was approved by IFAD’s Executive Board on 15 September 2009 and became effective on 6 November 2009. The second loan (loan no.808) was approved on 22 April 2010 and became effective on 18 October 2010. Project completion and closing dates are 30 June 2018 and 31 December 2018 respectively. 3. ADB’s Policy for Safeguards on Indigenous Peoples An agreement with the ADB on Principle of action adopted about Safeguard Policy Statement (SPS) in 2009 for the subprojects during implementation/operation. if it has been transpired that the affected Indigenous People’s have been identified within the Subproject catchment areas, the project should prepare an indigenous peoples development framework (IPDF)in accordance with a manner corresponding to ADB,s Policy on Indigenous Peoples (April 1998) and will be