Decentralized Rural Infrastructure and Livelihood Project- Additional Financing

Indigenous People Planning Document

Due Diligence Report

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

Nepal: Decentralized Rural Infrastructure and Livelihood Project- Additional Financing

Salena Melauli Road Subproject Baitadi

Prepared by the Government of Nepal

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, Baitadi District 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 Salena Melauli Road Sub Project

Section III: Safeguards Volume 3: Impact Screening Report on Indigenous Peoples June 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 towards IPs 4 6. Conclusion 4

Annexes: Annex 1: Indigenous People Screening checklist Annex 2: Meeting minute about consultation with stakeholders Annex 3: Certified letters from VDCs

Impact Screening Report on Indigenous People

Salena Melauli Road Sub-Project, Baitadi

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 ipleetatio of the Projet ut It also to oordiate all atiities related to resettleet ad IPs issues.

2. Road Sub-project’s Background

3. The road sub-project (SP) selected by Baitadi DDC is the Salena Melauli Road SP. The geographical location is in Far western development region. The Salena-Melauli section starts at Tikhedhunga (Syadi Gad) at the boarder of Durgasthan and Basabtapur VDC and ends at Manikhel in Melauli VDC. Construction works on 14.840 km. section was started in DRILP and have been partially completed. The detail status of construction works is as mentioned below:

 The construction of 8.847 km has completed in DRILP,  New cutting: 0.826 km,  Started in DRILP with remaining works of construction: 5.167.

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 processes of the SPs. It further ensures their ownership of the SPs. Their participation and engagement in livelihood related skills training and other livelihood improvement activities will have significant impact on reducing poverty level in the SP areas. Project intends to provide the benefit to 40 percent women and 60 percent poor and excluded groups of potential beneficiaries of impact zone. The social awareness raising training will be provided to communities from impact zones; of which project has aimed 80 percent women, poor and excluded groups as a target in Salena Melauli Road SP ZOI area. Similarly, project assist 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 facilitate their access to credit from existing institutional provider.

3. Demographic information of ZOI

5. The VDCs along the road corridor is Durgasthan, Salena, Maharudra and Melauli VDCs in the south-west part of Baitadi district. This road will provide accessibility to the market centres of Patan, Dehimandu and Baitadi. In part of this road track has been opened. All the wards of the VDCs, i.e. wards from 1-9 of Salena, Maharudra and Melauli VDCs lies in ZOI area however only some part i.e. wards 1 and 2 of Durgasthan VDC lies in ZOI . The baseline on demography of Salena Melauli Road SP as collected during the 2nd Sub-project Baseline survey (BLS) and Zone of influence (ZOI) Survey in DRILP1. As per the information collected from various sources, the population within ZOI along the road corridor is 15423 (8131male, 7292 female) and the total HHs are 2534 in number. The detail populations of VDCs along the sub-project ZOI areas are as follows:

Table 1: Demographic structure of ZOI VDCs in Salena Melauli Road Sub-project area Name of Total Total Caste wise HH Female Male VDCs HH Population Brahman Thakuri Chhetri Dalit IP Durgasthan 226 1642 794 848 700 482 85 375 0 Salena 722 3991 1895 2096 783 1550 929 729 0 Maharudra 832 4999 2305 2694 2006 514 1018 1461 0 Melauli 754 4791 2298 2493 856 390 2362 1183 0 Total 2534 15423 7292 8131 4345 2936 4394 3748 0 (Source: ZOI survey Report of Salena Melauli Road Baitadi, October 2009)

6. Most of the people living in ZOI area are Brahmin, Chetri and Thakuri. The Dalit populations are also significantly high. However there are no Indigenous people living in ZOI VDCs.

1 BLS of 2nd SP DRILP Report October 2011

7. The main occupation is business, agriculture, labor and porter works in ZOI VDCs. People also do migrate from this SP area. Mainly men go for seasonal migration in India and work as an unskilled labor. They stay half of the year there and return back to their village. Mostly Chhetri and Dalit people migrate in a seasonal basis. DRILP has made positive impact in reducing migration. Based on information of DRILP, around 60 percent of BG workers were come back from India to join the BG due to availability of local employment opportunity by DRILP.

4. Identification of IPs

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

9. 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.

10. I ADBs 2009 SPS, the ter Idigeous People is used i a generic sense 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.

11. 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.

12. The BLS reports, information taken 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 Acting LDO and VDC certified letter confirmed that IPs are not living in ZOI of sub- project.

5. Sub Project activity towards IPs

14. It was confirmed that there is no IPs living in VDCs of ZOI, hence the SIA of IPs ist eessary 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, with special assistance measures for indigenous people. DISC tea ith support of DPO has arried VDC osultatio, fillig up Cheklist o Sreeig of IPs ad 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 area of Baitadi district.

16. All these findings show that there is no indigenous population residing in 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.

ANNEXES

Annex 1: Screening checklist

Indigenous People Screening Checklist

Key Concern Yes No Not Remarks known A. Identification of Indigenous Peoples (IPs) 1. Are there socio-cultural groups present in No In sub-project ZOI area, or use the project area who may be there is not presence of osidered as tries, iorities, or such groups. Indigenous communities in the project area? 2. Are there national or local law or policies No 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 No of a distinct social and cultural group? 4. Do such groups maintain collective No attachments to distinct habitats or ancestral territories and/or to the natural resources in these habitats and territories? 5. Do such groups maintain cultural, No 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 No systems of IPs? (eg. Food production system, natural resource management, crafts and

1 trade, employment status) 12. Will the project be in an area (land or No 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 No 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 No owned or customarily used occupied or claimed by IPs?

D. Anticipated project impacts on IPs Project component/activity/output Anticipated positive Anticipated negative effect effect SP component No No  14.84 km road (length)

 Activity No No o Road construction o Awareness raising o Livelihood training o Community infrastructure

 Output o Road construction o Capacity building o Livelihood improvement

Annex 2: Meeting Minute

Synopsis of the Meeting Minute

Date of Meeting: 2069/1/26 (8 May 2012)

Agenda:

 IPs living in DRILP AF SP ZOI areas or not

List of people participate in consultation Meeting:

S.N. Name Office/Post Remarks

1 Bhuwan Raj Lekhak DDC-acting LDO

2 Pitambar Upadhyaya DTO

3 Hari Raj Bist District Admission Office - acting CDO

4 Ganesh Giri VDC Secretary-Salena VDC

5 Dambar Datta Pandeya VDC secretory - Durgasthan VDC

6 Gobinda Prasad Lekhak Land revenue office

7 Ganesh singh Bhandari National Democrat party Nepal

8 Pusparaj Lekhak National Democrat party

9 Dhan Bhadur Kunwar CPN-Maoist

10 Gopal Chand CPN-Maoist

11 Rajuram Bhul Dalit NGO federation

12 Mohan Gajurel District Forest Office

13 Purnanand Lekhak Nepali Congress

14 Dipendra Adhikari DRILP-DISC TL

15 Nila Bam DRILP - DISC SMC

16 Dhirendra Saha DRILP - DISC SE

17 Nabin Prasad Bhatt DPO - Computer operator

18 Jogendra Bahadur Chand DPO - Store Keeper

19 Manju Joshi DRILP AF- DISC SM

20 Bir Damai Salena VWRCC secretary

21 Birendra Chand CPN - UML

The consultation meeting has organized by the DPO under the chairpersonship of the acting Local Development Officer Mr. Bhuwan Raj Lekhak. The main agenda discussed during the meeting was whether the indigenous peoples communities live in the VDCs of Salena - Melauli sub project or not.

Decision of the meeting:

With the consultation and discussion, meeting has come to the point that the IPs communities are not living in the ZOI VDCs of sub project.

Annex 3: VDC Certified Letters

The VDC secretaries of following VDCs in ZOI areas of Salena - Melauli sub project have forwarded letters stating that IPs are not living in ZOI VDCs:

 Durgasthan,  Salena,  Maharudra and  Melauli VDC