35173-015: Urban Water Supply and Sanitation (Sector) Project

Indigenous Peoples Plan Document Stage: Updated Project Number: 35173-015 April 2020 NEP: Urban Water Supply and Sanitation (Sector) Project – Ilam Water Supply and Sanitation Subproject Package Number: W-05 Prepared by the Ministry of Water Supply, Government of Nepal for the Asian Development Bank. CURRENCY EQUIVALENTS (as of 2 July 2018) Currency unit - Nepalese rupee (NRe) $1.00 = NRs109.821 NRe1.00 = $0.009 ABBREVIATIONS ADB – Asian Development Bank BPL – below poverty line CBS – Central Bureau of Statistics CBO – community-based organization CDO – Chief District Officer DDC – District Development Committee DWSS – Department of Water Supply and Sewerage GRC – grievance redress committee GRM – grievance redress mechanism IPPF – indigenous peoples planning framework IPSO – indigenous peoples safeguard officer MUD – Ministry of Urban Development NEFIN – Nepal Federation of Indigenous Nationalities NGO – nongovernment organization PMC – project management consultant PMO – project management office RVT – reservoir tank SIPDO – social and indigenous peoples development officer SSO – social safeguards officer SDSS – social development and safeguards specialist SPS – Safeguard Policy Statement SSS – social safeguard specialist STWSSSP – Small Towns Water Supply and Sanitation Sector Project WSSDO – Water Supply and Sanitation Division Office WUA – water users’ association WUSC – water users’ and sanitation committee VDC – Village Development Committee WEIGHTS AND MEASURES m3 – cubic meter km – kilometer m – meter mm – millimeter ug/m3 – micrograms per cubic meter m2 – square meter GLOSSARY OF NEPALI TERMS ropani – Size of land parcel; 1 ropani= 16 anna (0.0509 hectares [ha])-508.72 m2 paisa – Size of land parcel; 1 paisa= 31.80 m2 dam – Size of land parcel; 1 dam=1.99 m2 bigha – size of land parcel; 1 bigha = 20 katha (0.678 ha) crore – 10 million (= 100 lakh) dhur – size of land parcel; 1 dhur=0.0017 ha katha – size of land parcel; 1 katha = 0.0339 ha kucchi – temporary structure e.g. a rural hut made of wood, bamboo or stone with mud mortar and a thatched roof lakh, lac – 100,000 pakki – structure (house/building) with permanent roofing made of RCC/RBC semi-pakki – house or building made of stone with mud mortar and clay, timber, slate or corrugated iron roofing NOTE In this report “$” refers to United States dollars. This Indigenous Peoples plan is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature. Your attention is directed to the “terms of use” section of this website. In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area. CONTENTS Page EXECUTIVE SUMMARY i I. PROJECT DESCRIPTION 1 A. Introduction 1 B. Proposed Subproject Components 2 C. The Indigenous Peoples Plan 3 D. Objectives of Indigenous Peoples Plan 4 II. LEGAL FRAMEWORK 4 A. Government of Nepal Laws 5 B. ADB Safeguard Policy Statement, 2009 on Indigenous Peoples 6 III. SOCIAL IMPACT ASSESSMENT 6 A. Socioeconomic Profile of Beneficiary Indigenous Peoples Population in Ilam 6 B. Socioeconomic Profile of Potentially Affected Population Around Proposed Intakes, Maimajhuwa (Ward No. 2 of Sandakpur Rural Municipality) 7 C. Perceptions about proposed project and its impacts 11 D. Potential project impacts 12 E. Avoidance and Minimization of Potential Adverse Impacts 15 F. Articulated Development Needs 16 IV. INFORMATION DISCLOSURE, CONSULTATION, AND PARTICIPATION 17 A. Public Consultations 17 B. Information Disclosure and Dissemination 18 C. Continued Consultation and Participation 18 D. Broad Community Support for the Project 18 V. BENEFICIAL AND MITIGATION MEASURES 20 A. Beneficial Measures 20 B. Mitigation Measures 21 VI. LEGAL AND INSTITUTIONAL ARRANGEMENTS FOR IPP IMPLEMENTATION 22 A. Legal Arrangements 22 B. Institutional Arrangements 22 VII. CAPACITY BUILDING 25 VIII. GRIEVANCE REDRESS MECHANISM 25 IX. MONITORING AND REPORTING 30 X. INDIGENOUS PEOPLES PLAN BUDGET AND FINANCING 31 XI. IMPLEMENTATION SCHEDULE 31 APPENDIXES Appendix 1: Socioeconomic Study of Erstwhile Maimajhuwa Village Development Committee 34 Appendix 2: Summary of Minutes of Key Stakeholder Consultation Meetings 57 Appendix 3: Methodology for Field Work: Socioeconomic Survey and Consultation 110 Appendix 4: Summary of Source Flow Verification Study for Ilam Water Supply 118 Appendix 5: Indicative List of Indigenous Peoples Plan Monitoring Indicators 120 Appendix 6: Agreement and Letters Conveying Consent and Approval of Proposed Water Sources for Ilam 122 EXECUTIVE SUMMARY Background. The Urban Water Supply and Sanitation (Sector) Project (UWSSP) will support the Government of Nepal in expanding access to community managed water supply and sanitation (WSS) in 20 project municipalities by drawing on experiences and lessons from three earlier projects funded by the Asian Development Bank (ADB). The project will finance climate-resilient and inclusive WSS infrastructure in project municipalities and strengthen institutional and community capacity, sustainable service delivery, and project development. The project will be implemented over a five-year period (indicative implementation period is 2018 to 2023) and will be supported through ADB financing using a sector lending approach. The project will have the following impact: quality of life for urban populations, including the poor and marginalized, improved through the provision of sustainable WSS services. The project will have the following outcome: inclusive and sustainable access to WSS services in project municipalities achieved. The project will have two outputs: (i) water supply and sanitation infrastructure in project municipalities improved; and (ii) institutional and community capacities strengthened. Subproject Description. Subproject components proposed for water supply in Ilam include: (i) rehabilitation of the non-functioning water treatment plant at Charkhade; (ii) distribution network supplied from reservoir tanks (RVT) at 10 localities, including six new RVTs as well as rehabilitation of four existing RVTs; (iii) four intakes, of which two (Bhandi Khola and Gitang Khola) are existing, old sources, while those at Mewa Khola and Rate Khola are new sources; (iv) transmission network; (v) an office building; (vi) two guard houses; and (vii) a dosing house. Indigenous Peoples Plan. In Nepal, adivasis/janajatis are recognized as indigenous peoples. All indigenous peoples living in Ilam municipality will benefit from the water supply and sanitation subproject. Presence of indigenous peoples is found to be predominant in the proposed intake areas, where potential restriction of access to a natural resource (river water) to predominantly indigenous users were initially assessed. This Indigenous Peoples Plan (IPP) addresses potential adverse impacts to the indigenous peoples communities in Maimajhuwa VDC, their avoidance and mitigation, and issues pertaining to inclusion of indigenous peoples in Ilam in project benefits. It is based on ADB’s Safeguard Policy Statement 2009 on Indigenous Peoples and applicable policies of Government of Nepal. This IPP includes the following measures for indigenous peoples/dalit persons living in proposed intake areas, to be accomplished by the project team (the PMU/PIU): (i) beneficial measures include priority employment in project-related construction activities for indigenous peoples/dalit people of project intake areas, training and employment of indigenous peoples/dalit persons in project operation activities, and connection subsidies for poor indigenous peoples/dalit households in Ilam municipality; and (ii) mitigation measures include awareness on livelihood enhancing measures and skills (for agriculture, animal husbandry, poultry as well as non-farm work) for all poor and vulnerable households identified by the ward committee and RPMO with the assistance of RDSMC, as well as skill development training for project operation and maintenance and related freelance skilled work such as plumbing and repair work for selected persons from poor indigenous peoples/dalit households in proposed intake areas, who are interested in such training. Specific budgets for each of the above-mentioned activities are provided in the IPP. In addition, the IPP proposes that the project will coordinate with government for implementation of a watershed management program, using existing government program funds. The above-mentioned activities, their timelines and budgets in the IPP, are part of the condition for project activities to proceed. These IPP activities, selected in consultation with the indigenous ii peoples/dalit communities in proposed intake areas, address articulated development needs of the indigenous peoples/dalit communities that are not covered by the larger, government-funded development program. Development demands of the intake areas are being addressed by government departments by putting them in the priority annual programs/activities of the concerned government line agencies located in Ilam. Different components of the government- funded infrastructure development program (roads, education, health, water and other facilities) for the intake areas are at various stages of planning and implementation. Social Impact Assessment. A sample

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