Indigenous People Planning Document

Due Diligence Report

Loan Number: 2796 and Grant Number: 0267 NEP July 2012

Nepal: Decentralized Rural Infrastructure and Livelihood Project- Additional Financing

Shreebhabar-Kotila Road Subproject Baitadi

Prepared by the Government of

The Due Diligence 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. District Development Committee, Baitadi Office of District Development Committee, Technical Office, Baitadi Decentralized Rural Infrastructure and Livelihood Project-Additional Financing (DRILP-AF) District Project Office, Baitadi

Decentralized Rural Infrastructure and Livelihood Project-Additional Financing (DRILP-AF)

Detailed Project Report Shreebhabar-Kotila Road Sub Project

Section III: Safeguards Volume 3: Impact Screening Report on Indigenous Peoples July 2012

Table of Content

Page No.

1. Project Background 1 2. Road Sub-projets Bakgroud 1 3. Demographic information of ZoI 2 4. Identification of IPs 3 5. Sub Project activity 3 6. Conclusion 3

Annexes:

Annex 1: Indigenous People Screening checklist Annex 2: Meeting minute of consultation with stakeholders Annex 3: Certified letters from VDCs Impact Screening Report on Indigenous Peoples

Baitadi district

1. Project Background

1. The Decentralized Rural Infrastructure and Livelihood Project-Additional Financing (DRILP AF) is an extension of DRILP. DRILP was an initiative of GoN and an ADB, SDC funded project to reduce rural poverty in 18 very poor remote hill and mountainous districts affected by the conflict. The project is implemented over 5 years; the duration is from January 2012 to December 2016. The project implementation is to achieve sustainable increased access to socio-economic services and enhance social and financial capital of the people, particularly poor and disadvantaged groups in previous conflict affected areas. The underpinning thrust of the Project is labor based equipment supported (LBES) in construction techniques to promote greater involvement of Building groups (BGs) in construction activities which will boost local jobs. DRILP AF aims to reduce the poverty level in 18 project districts from 41 percent to 20 percent by employment generation of 4.7 million person days. The project design provides project districts select rural transport sub-projects that help to extend the district network of rural roads, trails and pedestrian bridges. The project objectives are achieved through a series of project activities that are broadly grouped into four components: (i) Community Development and Rural Livelihood Restoration; (ii) Capacity Building and Decentralized Governance; (iii) Rural Transport Infrastructure; and (iv) Project Management Services.

2. The Project Coordination Unit (PCU) of Department of Local Infrastructure Development and Agricultural Roads (DoLIDAR) is the project Executing Agency (EA) responsible for the overall project coordination, management and implementation. DDCs/DTOs/DPOs are the Implementing Agencies (IA) responsible for subproject planning, design, and implementation. DDC is responsible not only for the implementation of the Project but It also to coordinate all activities related to resettlement and IPs issues.

2. Road Sub-project’s Background

3. Baitadi is one of the project districts from Far Western Development Region of Nepal. Under DRILP, "Shreebhabar-Kotila Road" was selected as first road sub-project for the district. The "Shreebhabar-Kotila Road SP" has been selected by District Road Coordination Committee (DRCC) again for DRILP-AF, implementation including remaining works that was approved under DRILP. The road alignment is also included in indicative list of sub-projects included in PAM for DRILP – AF. Out of total 15.7 km of Shreebhabar-Kotila road, construction works were started and completed for some section; a total of 3.5 km is completely a new construction (un touched section) for DRILP – AF. The lassifiatio of road is Distrit road ad stadard lass A. The paeet/type is earthe surface.

4. Local community has opportunity of direct employment generation from sub project activities such as the road construction works. Project has set the target of 40 percent women involvement and proportionate representation from excluded groups in the BGs. This reflects the women and excluded group participation in decision making and benefit sharing process of the SPs. It further ensures their ownership of the SPs.

5. BGs members, sub-project affected persons, women and excluded groups participation and engagement in livelihood related skills trainings and other livelihood improvement activities will have significant impact on reducing poverty level in the sub-project areas. Project intends to provide the benefits to 40 percent women and 60 percent poor and excluded groups of potential

1 beneficiaries of impact zone. The social awareness raising training will be provided to communities from impact zones; of which project has aimed 80 percent are women, poor and from excluded groups in Shreebhabar-Kotila Road SP ZoI area. Similarly, project assists BGs to form Saving Credit Groups and support BGs, if they will eager, interested and capable to form themselves into formal Micro Finance/ Saving and Credit Cooperatives (SCCs) and to facilitate their access to credit from existing institutional provider.

3. Demographic information of ZoI

6. The VDCs along the road corridor of Shreebhabar-Kotila Road SP is Shikharpur, Bhumiraj, Kotila, and Hat. All the wards of the four VDCs lie in the ZoI areas while of Shikharpur VDC only ward no. 3 lies in ZoI area. The baseline on demography of Shreebhabar-Kotila Road SP as collected during the Baseline survey (BLS) and Zone of influence (ZoI) Survey of first phase sub- project in DRILP1. As per the information collected from ZoI data sources, the population within ZoI along the road corridor is 15298 (male: 7748 female: 7550), consisting 50.65% male and 49.35% female. There is 163 female headed household in ZoI SP area.

7. According to caste two groups reside in ZoI VDCs, those are Dalits and others2. The population of others are significantly high than Dalit population. The population under others is 84.79% while Dalit population is 15.21%. The ZoI HHs is 2446 in total. The majority of the HH is of Chhetri caste i.e. 1685, followed by Brahmin HH, 308, Thakuri HH 93 and the Dalit HH is 360 in number. The ethnic population as mentioned in ADB IP definition does not exist in the SP ZoI areas. The detail populations of VDCs along the sub-project ZoI areas are as follows:

Table 1: Demographic structure of ZoI VDCs in Sub project area

Ward no. Name of Total Other Dalit Total Others Dalit in ZoI VDCs HH HH HH Population VDCs Male Female Male Female Shikharpur 3 115 81 34 793 290 279 107 117 BhumirBaj 1-9 707 636 71 4592 2069 2009 253 261 Kotila 1-9 587 480 107 3539 1451 1415 337 336 MaMlladehi 1-9 698 598 100 4323 1880 1829 331 283 Hat 1-9 339 291 48 2051 895 854 135 167 Total 2446 2086 360 15298 6585 6386 1163 1164

(Source: ZOI survey Report of Shreebhabar-Kotila Road, Baitadi July 2008)

8. The main occupation is agriculture and animal husbandry in the ZoI VDCs. The other sources of income are horticulture, small business/shop, porter, wage labor, mini cottage industries like furniture making and migration to India for employment.

1 BLS Report of 1st SP, DRILP December 2009

2 Others: Brahmin, Chhetri and Thakuri

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4. Identification of IPs

9. The term indigenous people (IPs) is refer to the Janjati or ethnic groups, indigenous cultural communities which maintain cultural and social identities separate from the mainstream societies or cultures in the context of Nepal.

10. The IPPF framework is based on the ADB Safeguard Policy Statement (2009); the Interim Constitution of Nepal, the three year Interim Plan (2007-2010), sections of the NFDIN Act 2002; National Human Rights Action Plan 2005; Environmental Act 1997; Forest Act 1993 and Community Forestry Guideline.

11. I ADBs 2009 SPS, the ter Idigeous People is used i a geeri sese to refer to a distinct, vulnerable, social and cultural group possessing the following characteristics in varying degrees:

 Self-identification and identification of others as being part of a distinct indigenous cultural group, and display the desire to maintain that cultural identity;  A linguistic identity different from that of the mainstream or dominant society;  Social, cultural, economic and political traditions and institutions distinct from the mainstream or dominant culture.

12. Nepal Federation of Indigenous Nationalities (NEFIN) has classified these groups into five categories based on their population size and other socio-economic variables such as literacy, housing, land holdings, occupation, language, and area of residence. While a majority of these groups are integrated into the mainstream society/culture, whereas several of them (recognized by NEFIN as highly marginalized/endangered) are still remains distinct.

13. The BLS reports, information from the DDC/VDC profile, IP screening checklist filled by DISC team and consultation meeting with local authorities and stakeholders conducted under the chairmanship of LDO and VDC certified letter confirmed that IPs are not living in ZoI of sub-project.

5. Sub Project activity

14. It was confirmed that there is no IPs living in VDCs of ZoI, hence the SIA of IPs is not necessary in this sub-project.

6. Conclusion

15. Project adopts the Indigenous People Planning Framework (IPPF) in compliance with the ADB Safeguard Policy Statement (SPS) 2009 and special assistance measures for indigenous people. DISC team with the support of DPO has carried VDC osultatio, fillig up Cheklist o Sreeig of IPs and meeting with district stakeholders. According to the survey report, DDC/VDC profile and consultation meetings with local communities, the IPs communities are not living in the SP ZoI VDCs. Furthermore, the VDC has also certified this fact. Similarly, the ADB PPTA DRILP Report – Linked Document 10 also verified the absence of IPs in sub-project areas of Baitadi district.

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16. All these findings show that there is no indigenous population residing in Shreebhabar-Kotila road sub-project ZoI area. Therefore, the sub-project is category C for indigenous people in accordance with the ADB SPS and no further action required for IPP.

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ANNEXES

Annex 1: Screening Checklist (Compiled by DISC) Indigenous People Screening Checklist

Key Concern Yes No Not known Remarks A. Identification of Indigenous Peoples (IPs) √ 1. Are there socio-cultural groups present in √ or use the project area, who may be osidered as tries, iorities, or Indigenous communities in the project area? 2. Are there national or local law or policies √ as well as Anthropological Research consider these groups present in or using the project areas as belonging to ethnic minorities or IPs? 3. Do such groups self identify as being part √ of a distinct social and cultural group? 4. Do such groups maintain collective √ attachments to distinct habitats or ancestral territories and/or to the natural resources in these habitats and territories? 5. Do such groups maintain cultural, √ economic, social, and political institutions distinct from the dominant society and culture? 6. Do such groups speak a distinct language √ or dialect? 7. Has such groups been historically, socially, √ and economically marginalized, disempowered, excluded and/or discriminated against? 8. Are such groups represented as IPs or as √ ethnic minorities or scheduled tribes or tribal populations in any formal decision making bodies at the national or local level? B. Identification of Potential Impacts √

9. Will the project directly benefit or target √ IPs? 10. Will the project directly or indirectly √ affect IPs traditional, socio-cultural and belief practices? (eg. Child-rearing, health, education, arts, and governance) 11. Will the project affect the livelihood √ systems of IPs? (eg. Food production system, natural resource management, crafts and trade, employment status) 12. Will the project be in an area (land or √ territory) occupied, owned, or used by IPs, and or claimed as ancestral domain? C. Identification of Special Requirements √ Will the project activities include :

13. Commercial development of the cultural √ resources and IPs? 14. Physical displacement from traditional or √ customary lands? 15. Commercial development of natural √ resources (such as minerals, hydrocarbons, forests, water, hunting, or fishing grounds) within customary lands under use that would impact the livelihoods or the cultural, ceremonial, spirituals uses that define the identity and community of IPs? 16. Establishing legal recognition of rights to √ lands and territories that are traditionally owned or customarily used, occupied or claimed by IPs? 17. Acquisition of lands that are traditionally √ owned or customarily used occupied or claimed by IPs?

D. Anticipated project impacts on IPs

Since there is not presence of any IPs community within the ZoI area, there will be no impact on them. Project component/activity/output Anticipated positive Anticipated negative effect effect SP component:  Total road length : 15.7 km No No  Totally new : 3.5 km

Activity:  Road construction No No  Awareness raising  Livelihood training  Community Infrastructure

Output:  Road construction No No  Capacity Building  Livelihood Improvement

Annex 2: Meeting minute of consultation with local stakeholders about IPs living in ZoI area

Synopsis of the Meeting Minute

Date : 8 May 2012 (2069/1/26) Venue : DDC Hall, Baitadi

Agenda of the Meeting:  General introduction about DRILP AF  IPs living in DRILP AF SP ZoI areas or not

Presence:

The consultation meeting was organized by the DPO under the chairpersonship of the Acting LDO. The main agenda discussed during the meeting was whether the IP communities reside in project ZoI areas or not.

Participants: Name Office/Designation Bhuwan Raj Lekhak DDC-acting LDO Purnanand Lekhak Representative-Nepali Congress Gopal Chand CPN-Maoist Ganesh singh Bhandari National Democrat party Nepal Pusparaj Lekhak National Democrat party Dhan Bhadur Kunwar CPN-Maoist Pitambar Upadhyaya DTO Baitadi Dipendra Adhikari DISC TL Baitadi Gobinda Prasad Lekhak Land Revenue Office Rajuram Bhul Dalit NGO Federation Ganesh Giri Secretary-Salena VDC Mohan Gajurel District Forest Office Dambar Datta Pandeya Secretary - VDC Hari Raj Bist District Admission Office - acting CDO Nila Bam SMC DRILP AF Dhirendra Saha SE DRILP -AF Nabin Prasad Bhatt Computer operator, DPO Jogendra Bahadur Chand Store keeper- DPO Manju Joshi SM DRILP - AF Bir Damai Secretary- Salena VWRCC Birendra Chand CPN - UML

Decisions of the meeting:

With the consultation and discussion, meeting has come to the point that the IPs communities are not living in both SP ZoI areas (1st sub-Project-Shreebhabar-Kotila Road and 2nd sub-project Salena- Road).

Minute of the Meeting:

Annex 3: Certified letters from VDCs

The VDC Secretaries of following VDCs of Shreebhabar-Kotila sub-project have forwarded letters stating that IPs are not living in ZoI VDCs.

 Hat  Shikharpur  Malladehi  Bhumiraj  Kotila