Indigenous People Screening and Due Diligence Report

Document stage: Draft for consultation Project Number: 42486-018 October 2019

India: Urban Services Improvement Project - Additional Financing – Subproject Water Supply Scheme of (Naya ), District:

Package No: MPUSIP-2E

Prepared by Urban Development and Environment Department, Madhya Pradesh for the Asian Development Bank.

i

CURRENCY EQUIVALENTS (As of 20 August 2018) Currency unit = Indian Rupee (INR) (INR) 1.00 = USD0.014 (USD) 1.00 = INR 69.80

ABBREVIATIONS

ADB - Asian Development Bank CBO - Community Based Organization CMC - Contract Management Consultant GOI - Government of GOMP - Government of Madhya Pradesh IPPF - Indigenous People Planning Framework MPUDC - Madhya Pradesh Urban Development Company MPUSIP - Madhya Pradesh Urban Services Improvement Program NOC - No Objection Certificate OHT - Over Head Tank O&M - operation and maintenance PIU - Project Implementation Unit PMU - Program Management Unit ROW - Right of Way SIA - Social Impact Assessment SPS - Safeguard Policy Statement ULBs - Urban Local Bodies WTP - Water Treatment Plant

WEIGHTS AND MEASURES

Ha - Hectare KL - Kiloliter Km - Kilo meter LPCD - Litre per capita day MLD - Million litre per day M - Meter MM - Millimetre

ii

This Indigenous People Screening and 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.

In preparing any country program or strategy, financing any project, or by making any designation of or reference to a 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.

iii

CONTENTS Pages

I. INTRODUCTION ...... 1 II. PROPOSED COMPONENTS UNDER SUBPROJECT ...... 3 III. PRELIMINARY SCREENING INDIGENOUS PEOPLES ...... 3 IV. CATEGORIZATION...... 5 V. SPECIFIC ACTION PLAN ...... 6 VI. STRATEGY FOR TRIBAL PEOPLE’S PARTICIPATION ...... 6 VII. GRIEVANCE REDRESS MECHANISM...... 7 A. Introduction ...... 7 B. Structure of GRM and its Functions ...... 7 C. Process of Grievance Redressal by GRC ...... 7 VIII. MONITORING ...... 9 IX. INSTITUTIONAL ARRANGEMENTS ...... 11 X. CONCLUSION AND BUDGET ...... 12 A. Summary and Conclusions ...... 12 B. Compliance with DDR Requirements ...... 13

TABLE

Table 1: Scheduled Caste and Scheduled Tribes Population Population of subproject town Chhanera (Naya Harsud) ...... 4 Table 2: Monitoring Indicators ...... 10 Table 3: Budget for Subproject Town Chhanera (Naya Harsud) ...... 12

FIGURE Figure 1: Preliminary Screening Flow Chart ...... 5 Figure 2: Structure and Process of GRM ...... 9 Figure 3: Chhanera (Naya Harshud) Water Supply Scheme at Glance ...... 28

APPENDICES

Appendix 1: List of Scheduled Tribes Communities in the State of Madhya Pradesh ...... 14 Appendix 2: List of Schedule Areas in Madhya Pradesh as specified under Fifth Schedule of Indian Constitution ...... 16 Appendix 3: Photographs of Consultation and List of Participants ...... 17 Appendix 4: Summary of Consultation with Scheduled Tribe Households residing in Chhanera (Naya Harsud) ...... 20 Appendix 5: Indigenous Peoples Impact Screening Checklist ...... 22 Appendix 6: Ward-wise Total Population, SC and ST Population Subproject town Chhanera .. 26

iv

Appendix 7: Copy of the Official Order of MPUDC regarding Nomination of Tribal Member in the GRC ...... 27

v

I. INTRODUCTION

A. Project Description

1. Government of Madhya Pradesh (GoMP) with a sector project loan funding from Asian Development Bank (ADB) has proposed to implement Madhya Pradesh Urban Services Improvement Project (MPUSIP), herein after referred as ‘the Project’. Madhya Pradesh Urban Development Company Limited (MPUDC) shall be the Implementing Agency and the State Urban Development and Housing Department (UDHD) shall be the executing agency for the Project. A project management unit (PMU) created under MPUDC is implementing MPUSIP. The Project intends to ensure:

(i) Continuous, pressurized, safe and sustainable drinking water through private household metered connections in 128 ; (ii) Sewage and storm water collection and treatment systems are proposed in 12 identified towns including national heritage towns Sanchi and Khajuraho & Rajnagar; and (iii) Project also includes component of non -physical investment (GIS, MIS, M&E and Social Safeguards) for system strengthening.

2. Madhya Pradesh Urban Services Improvement Program (MPUSIP) proposed to be funded by Asian Development Bank (ADB) envisages provision of sustainable water services to 128 towns in the State out of which provision of sewerage and storm water management services is also proposed in some towns. Out of 128 towns, 69 towns are covered under Phase I and 59 towns are covered under Phase II. The State Urban Development and Environment Department is the Executing Agency while the Madhya Pradesh Urban Development Company (MPUDC) Limited is the implementing agency for the Project.

3. Coverage: As per revised procurement plan, MPUSIP’s physical components include (a) improvements to water supply scheme in 69 subproject towns, and (b) sewage collection and treatment services proposed in four (4) identified towns namely Saikheda, , and Badwaha under tranche I while in tranche II – water supply scheme in 59 subproject towns and sewage collection and treatment services proposed in eight towns namely Sanchi, , Nagda, Mandsaur, (part-II), Maihar, Kahjuraho and Rajnagar. The project also includes an institutional strengthening component and a project management and administrative support component. The objective of the proposed improvements in subproject town is to achieve safe and sustainable water services both in terms of services to customers, cost recovery and conservation of precious water resources. The project proposals envisage providing 100% coverage of population with continuous, pressurized and safe drinking water services and achieving progressively increasing cost recovery by expanding the coverage and increasing operating efficiency. The main objectives of the project are as follows:

(i) Supplying pure drinking water. (ii) Promote sustainable measures to increase potable water supply to the population. (iii) Water supply through future sustainable source developments. (iv) Water supply through improvements of safe yield of existing water sources. (v) Water supply through improvements to water treatment works. (vi) Drinking water supply contributes towards a sustainable regional development.

1

(vii) To improve the current state of the water cycle of subproject through improvements in the separate components of the water supply system in investment program

B. Distribution of Scheduled Tribes in Madhya Pradesh in Relation to India

4. The state of Madhya Pradesh accounts for highest proportion of scheduled tribe population in India. Tribal population constitutes 8.61 percent of the total population of 104.28 million of the country (Census 2011). In comparison to the national figure, Madhya Pradesh has 14.7 percent of its population classified as scheduled tribe.

5. The tribal population of Madhya Pradesh increased to 15,316,784 in 2011 from 12,233,474 in 2001. The decadal growth rate during this period is 25.20 percent. The total population in 128 towns (2,697,091) 17.85 percent (481,700) belongs to Schedule Caste category and 6.19 percent (167,066) is Schedule Tribe.

6. The percentage of scheduled tribe population in the rural areas (11.3 percent) of Madhya Pradesh is much higher than urban population (2.8 percent). In Madhya Pradesh, certain areas have been declared as scheduled areas under the Fifth Schedule of the Indian Constitution1. List of Scheduled Areas in Madhya Pradesh is provided in Appendix 2.

C. Indigenous Peoples Policy and Planning Framework

7. ADB’s Indigenous Peoples Policy uses the following characteristics to define indigenous peoples: (i) self-identification as members of a distinct indigenous cultural group and recognition of this identity by others; (ii) collective attachment to geographically distinct habitats or ancestral territories in the project 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 culture; and (iv) a distinct language, often different from the official language of the country or region.

8. The Indigenous Peoples Planning Framework (IPPF) for MPUSIP has been developed to manage and mitigate possible impacts to the indigenous people in the project area. The IPPF sets out the policy, principles, and implementation mechanisms to address such impacts according to ADB’s Safeguards Policy Statement (SPS)-2009 requirement no. 3 on indigenous people. During the course of project identification and implementation, social impact assessment was done, if any indigenous peoples are identified, the impacts (both positive and negative) of the subproject component on affected groups/communities are addressed according to the prepared framework. The framework is addressed the developmental needs of indigenous people as a distinct community through a process of sustainable development.

D. Due Diligence Report

9. This indigenous people screening due diligence report (DDR) is prepared in accordance with the agreed IPPF of Project and the ADB Safeguard Policy Statement (SPS) 2009 for the proposed subproject of water supply scheme (WSS)- Chhanera (Naya Harsud) under District Khandwa of state Madhya Pradesh, to screen subproject impacts on indigenous people in detail, so that an appropriate planning document can be prepared.

1 Scheduled areas are autonomous areas within a state, administered federally, usually populated by a predominant Scheduled Tribe.

2

10. This draft indigenous peoples due diligence report (DDR) will be updated and reconfirmed for final involuntary resettlement / indigenous peoples impacts during detailed design, based on detailed measurement surveys (DMS). The DMS will be conducted by the Design Build and Operate (DBO) contractor before initiation of civil works during implementation2. Executing Agency will be responsible for submission of the updated social safeguard document to ADB for No Objection The final involuntary resettlement report will be reviewed and disclosed on website of urban local body (ULB), implementing agency and ADB.

II. PROPOSED COMPONENTS UNDER SUBPROJECT

11. As per DPR, existing water supply system for Naya Harsud constructed and executed by National Hydro Development Corporation (NHDC) and it will meet up the ultimate demand of 8.90 MLD for the year 2048. Therefore, only distribution network is required for ward number 7, 8, 9, 10, 11, 12, 13 and 14 under Chhanera. As per proposed design, subproject area will be divided into three zones: zone A and zone B will cover Naya Harsud while zone C will cover ward number 7,8,9,10,11,12,13, and 14 comes under Chhanera. The total length of the proposed network is around 20,561 m.

III. PRELIMINARY SCREENING INDIGENOUS PEOPLES

12. The preliminary screening of indigenous peoples communities residing in the sub-project town area was undertaken. The urban local body (ULB) arranged public meetings with indigenous peoples communities to provide information about proposed water supply subproject town Chhanera (Naya Harsud). During these meetings, community leaders and other participants will be given an opportunity to present their views and concerns. An initial screening will check for the following:

(i) Presence and names of indigenous peoples community/groups in the subproject area; (ii) Cultural and religious distinction of the indigenous peoples groups vis-à-vis other communities, and mainstreaming of the indigenous peoples with the dominant population; (iii) Laws and legislations related to indigenous peoples groups; (iv) Total number of indigenous peoples community groups and percentage of indigenous peoples population to total population in the area; and (v) Number and percentage of indigenous peoples households likely to be affected by the subproject component.

13. Initial assessment to also include level of vulnerability of the indigenous peoples, such as being (primitive) tribal groups (PTG)3 and existing socioeconomic conditions that may further deteriorate due to project impact. If such especially vulnerable groups among the tribal community

2 Detailed measurement survey will be jointly conducted by safeguards personnel of project implementation unit, consultants and contractors prior to implementation at each site/stretch of alignment. Reports (IR and IP for different sites/stretches will be prepared and submitted to ADB for approval; prior payment of compensation to permanent and/or temporarily impacted persons is mandatory before start of civil work at each site/alignment stretch. 3 Three tribal groups namely Baiga, Bahariya and Sahariya have been declared specific backward tribes in Madhya Pradesh.

3

are identified within the project area, they warrant special measures for protecting their socio- cultural identity and baseline economic standard. While determining vulnerability of these tribal groups, assessment will be made if there is any possibility of future impact due to the project.

14. The indigenous peoples screening and assessment was done on the basis of ADB’s Indigenous Peoples Screening Checklist. This subproject area falls under the classification “scheduled area” where provisions of Fifth Schedule as per Constitution of India are applicable (Appendix 2).4 As subproject area, town Chhanera (Naya Harsud), comes under Scheduled Area, so the term “Scheduled Tribes” is considered as “Indigenous People”. The result of the preliminary screening shows that there are indigenous peoples households in the proposed subproject area, but they are not likely to be adversely affected by construction activities during implementation. All (100%) indigenous people households in the town are likely to be benefited.

15. Chhanera (Naya Harsud) Nagar Parishad: Nagar Parishad Chhanera comes under Tehsil Harsud of District Khandwa. According to census 2011, the total population of scheduled caste is 3406 and scheduled tribe is 2617 accounting for 15.45% and 11.87% respectively of total Chhanera (Naya Harsud) Nagar Parishad population (22052). Overall, scheduled caste and scheduled tribes account for 27.31% (6023) of the total Chhanera (Naya Harsud) population.

Table 1: Scheduled Caste and Scheduled Tribes Population Population of subproject town Chhanera (Naya Harsud) Sr. No. Scheduled caste/ Scheduled tribes Population %

1 Scheduled Caste Population 3406 15.45

2 Scheduled Tribes Population 2617 11.87

3 Scheduled Caste and Scheduled Tribes Population 6023 27.31

Total Population 22052

Source: Census of India, 2011

16. Ward wise detail of indigenous people population as per Census 2011 given in Appendix 6. Scheduled Caste and Scheduled Tribes population is about 15.45 % and 11.87 % only. indigenous people households are spread across in all the 15 wards but main concentration reported in ward number, 8, 12 and 14. A team of consultants has visited these wards, met elected representatives (locally called ward parshad) and organized consultations with indigenous people households to understand their concerns and perspectives about proposed subproject water supply. All have welcomed the water supply subproject for subproject town, for more details please refer to Appendix 3 and 4.

17. The results of the preliminary screening show that indigenous peoples residing in the sub- project area belong to the different tribes groups. Korku are the main indigenous people group reported in the subproject area followed by Bhilala, Shikari, Gatia and Gond. Agriculture is the

4 In the state of Madhya Pradesh, the following laws related to scheduled tribes are applicable: (a) Sec 165 & 170 of Madhya Pradesh Land Revenue Code, 1959. (b) Madhya Pradesh Land Distribution Regulation Act, 1964. Sections 165 and 170B of the Code protect scheduled tribes against land alienation. The 1964 Act is in force in scheduled areas of Madhya Pradesh. 4

primary source of livelihoods for most of the indigenous people, many of them earn their livelihoods seasonally employed as agricultural labourers also. These indigenous people households are mainly engaged in agricultural labour and other labour works. During discussion, they revealed that all have been residing in the town for a very long time. Rapid assessments through community consultations, transect walks and other secondary data did not indicate the presence of specific backward tribes or primitive scheduled tribes in the subproject town.5 These indigenous people households are not residing in isolated pockets nor they are adversely affected by proposed subproject components. The land required for proposed components is government owned which is totally encumbrance free and does not belong or was ever part of indigenous people community or traditionally owned land.

18. Although indigenous people households in the town have their own language locally called bhasha. They speak their own Korku language but they also speak the language as the majority of the population and mainly follow Hinduism. They have their owned beliefs, customs and social system. There is traditional representative body of the society known as ‘Korku Panchayat’ is found in rural areas only, it plays a decisive role during traditional occasions mainly in festivals, marriages and intra- and inter-village conflict resolutions villages.

19. An indigenous peoples screening and impact assessment was undertaken on the basis of ADB’s screening checklist. The results of the screening show that significant number of indigenous households are residing in the sub-project area, but they are not likely to be adversely affected by the subproject components during implementation. For their safeguard, a social impact assessment (SIA) is also conducted to capture their issues and development opportunities that exist in the subproject towns/area during planning and implementation phase. The checklist for screening of indigenous peoples in the subproject is presented in Appendix 5.

Figure 1: Preliminary Screening Flow Chart

Subproject Social Safeguard Based on findings of screening, components Personnel (DPR requiring IPP for category has been Indigenous Peoples Consultant/PMU/PMC finalized and in project area and DBO Contractor accordingly Indigenous conduct preliminary Peoples DDR is screening) prepared.

IV. CATEGORIZATION

20. No private land acquisition is envisaged and involuntary resettlement impacts are not reported. The proposed water supply subproject has been assessed and categorized using the prescribed ADB Indigenous People Screening Checklist, refer to Appendix 5.

5 Three tribes of MP namely Baiga, Bahariya and Sahariya have been declared specific backward tribe by the government of India (GoI). 5

21. Based on the screening and assessment, the subproject area falls under the classification “scheduled area” where provisions of Fifth Schedule as per Constitution of India are applicable and scheduled tribe population in the town conform to ADB SPS definition of indigenous peoples. The proposed subproject WSS town Chhanera (Naya Harsud) is therefore classified as “Category B” for indigenous people impact.

V. SPECIFIC ACTION PLAN

22. The Project is anticipated to have positive impacts on the total population in its coverage area, including Indigenous Peoples and vulnerable groups6 living in the town. The impacts on Indigenous households are potentially positive, and measures are proposed to ensure that benefits are equally shared. Since the subproject is Category B for indigenous peoples impacts, measures for inclusion in project benefits are proposed for all indigenous peoples households residing in the subproject town.

23. The impacts on indigenous people households being potentially positive, measures will be taken to ensure that benefits are equally shared. This will be by ensuring indigenous peoples participation as stakeholders during consultations at all stages of the subproject. Every effort will be made to ensure that consultations are meaningful, and concerns of indigenous people are recorded and addressed. Free household connections are being provided to all households under MPUSIP; the PMU will ensure that no scheduled tribes household is excluded from this benefit. The DBO contractor will accord priority to employment of scheduled tribes for project construction and operation related jobs and ensure necessary training to interested and eligible scheduled tribes candidates is provided if required, to enable them to take up the jobs. Proposed mitigation measures for indigenous people will be monitored through monitoring indicators and reported in the semi-annual social monitoring report.

VI. STRATEGY FOR TRIBAL PEOPLE’S PARTICIPATION

24. Indigenous Peoples Planning Framework (IPPF) of MPUSIP seeks to ensure that schedule tribe communities are informed, consulted, and mobilized in order to participate in the project preparation and implementation to ensure the priorities, preferences, and needs of the tribal groups have been taken into consideration adequately. With that objective in view, a strategy for consultation with tribal communities and their leaders will be developed so that these are conducted in a participatory manner. The MPUDC/ PIU, MPUDC/ULB representatives will be part of evolving that strategy and consultation process.

(i) The Indigenous people/Scheduled tribes will be actively engaged in all stages of the project cycle, including project preparation, and feedback of consultations with the scheduled tribes will be reflected in the project design followed by disclosure. Their participation in project planning will inform project design, and the scheduled tribes should be convinced of their benefits from the project. The awareness material prepared will be translated into the local language of the scheduled tribes and made available to them before implementation of the project.

6 Vulnerable persons in the target group include scheduled tribe, scheduled caste, women headed households, below poverty line households, persons with disabilities, transgenders etc. 6

(ii) Local community based organizations (CBOs) / tribal community representatives will be involved in IPP implementation and resolving all issues related to the scheduled tribes through consultation and facilitation by the PIU/Nagar Parishad (ULB) and PMU. The PMU/ULB will ensure adequate flow of funds for consultation and facilitation of planned activities within scheduled tribes community. (iii) One Project Information Disclosure (PID) brochure will be prepared, translated into a language understandable to the tribal people, and distributed among them.

25. This draft Indigenous Peoples DDR is prepared in consultation with key stakeholders mainly elected representatives locally called ward councilors, indigenous people families residing in subproject town, Chairman of Chhanera (Naya Harsud) Nagar Parishad and chief municipal officer (CMO) of the town. Formal and informal consultations were conducted to seek feedback from the local community and other key stakeholders of both municipalities on the proposed development interventions, perceived impacts and mitigation measures, and the need for continuous monitoring to avoid any adverse impact on schedule tribe community and ensure their inclusion in project benefits. Consultations revealed that indigenous people population are aware of the problems and issues of the existing water supply system in the town and are willing to cooperate with the proposed subproject. Summary of the consultations in tabular form along with photographs and attendance sheet is depicted as Appendix 3 and 4.

VII. GRIEVANCE REDRESS MECHANISM

A. Introduction

26. Grievance Redress Mechanism (GRM) is a part of project management that is likely to increase accountability and responsiveness among service providers and provide a friendly environment to the beneficiaries of the project. GRM aims to address complaints of local affected people because of project interventions in the selected towns under MPUSIP during the project period. A project-specific grievance redress mechanism (GRM) will be established to receive, evaluate, and facilitate the resolution of Affected People’s concerns, complaints, and grievances about the social and environmental performance at the level of the project.

B. Structure of GRM and its Functions

27. The GRM will have a three- tier decision making process. The first tier which is at the town level, aims to resolve all construction related grievances which require quick and efficient action. The second tier which is at the project implementation unit (PIU) level, will handle complaints that could not be resolved by the first- tier and/or grievances related to land acquisition and compensation. At this tier, GRC is constituted by five members and representation of indigenous people in the GRC is ensured at subproject town reported under scheduled area though an official order of MPUDC, refer to Appendix 7, which clearly states that nomination of at least one member must be belong to tribal community (indigenous people community) in the scheduled area subproject town. The third tier which is at the project management unit (PMU) or state level will handle complaints which could not be resolved by the first and second tiers.

C. Process of Grievance Redressal by GRC

28. The affected person or his representative will submit their grievance verbally (with registration number) or in written format to the GRC nodal person of contractor or the CDO-ULB

7

or any other GRC member. The eligibility of grievance will be decided by the chairperson of GRC. Inconveniences caused by minor construction related issues shall be referred to the site engineer to resolve immediately or within 24 hours such as restoration of road, obstruction in accessing house/shop or any place due to dumping of construction materials, dust etc. CDO ULB will inform complainant on the decision taken by GRC to address registered complaint and expected time to resolve issue. If the complaint is not resolved within 3 days, the CDO ULB or affected person can forward the complaint to 2nd tire GRC (PIU level).

29. A local grievance redress committee (GRC) will be established in all subprojects. The indigenous peoples communities will be well represented in the GRC in the category B town. The GRC at the town level will keep a record of written and verbal complaints including date of the GRC meeting, number and types of grievances received, name of the complainant and time taken for redressal of the grievance. Grievances that will not be resolved at this level and in cases where the complainant is not satisfied with the decision will be referred to the second level GRC at the PIU level.

30. At PIU level, the complaints will be registered by CDO-PIU . The eligibility of the complaint will be decided by GRC Chairperson. Grievance Redress Committee meetings will discuss grievances and draw conclusion from discussions and make recommendations. The registered grievance should be resolved within 30 days or the grievance should be forwarded to PMU level GRC if it remains unresolved.

31. The communities will be informed that efforts to resolve the complaints through the GRC and other ADB operations department fail, the affected people may submit their complaints to ADB’s Accountability Mechanism. Only after doing that, and if they are still dissatisfied, should they approach the Accountability Mechanism.

32. The structure and process of GRM is presented in Figure 2 for detailed understanding.

8

Figure 2: Structure and Process of GRM

VIII. MONITORING

33. The project is classified as Category B for indigenous peoples impact. However, as per policy adopted by the PMU of MPUSIP, monitoring indicators are suggested for inclusion of indigenous people and other vulnerable persons in the project benefits and to track the positive impact on such populations in different wards in Chhanera (Naya Harsud) town. Following activities are suggested and indicators are being monitored for inclusion. Monitoring indicators are suggested for inclusion of scheduled tribe population in the project and to check the positive impact /benefits ensured for Indigenous people of the different wards in subproject towns.

(i) Regular consultation with male and female indigenous peoples and vulnerable groups during subproject implementation.

9

(ii) Registration of indigenous peoples and vulnerable persons who wish to avail skill training for work like construction work, plumbing, electrification, pump operation, mason, operation and maintenance work needs to be done and linked with income generation activities. So, two vulnerable persons for non- indigenous peoples wards and three persons (two indigenous people + one vulnerable) in the wards with indigenous people presence per ward will be targeted by the concerned contractor for on-the-job skill training. Certification of such training shall be provided by MPUSIP. (iii) Number of water supply household connections to vulnerable households/groups in each phase of the project in relation to total household connection. (iv) Number of indigenous peoples and vulnerable (male/female) employed by the contractor during construction work. (v) Number of indigenous peoples and vulnerable (male/female) employed by the contractor / urban local body during operation phase.

34. Minutes of meeting and photographs during consultations with indigenous people must be maintained by the contractor and urban local body. Contractors, ULB and PIU staff will be given sensitization training to ensure the social inclusion of indigenous people is achieved. The following activities suggested and indicators will be monitored for inclusion during the project period.

Table 2: Monitoring Indicators Sl. Activities Suggested Indicators for inclusion No. 1 Consultation with Indigenous Number and percentage of indigenous peoples people and vulnerable and Vulnerable (specify vulnerability) persons households throughout the participated (Male/Female) implementation phase 2 Skill training programs for project Number of indigenous peoples, scheduled related jobs/other work caste, poor and vulnerable (specify vulnerability) persons (M/F) provided certified training for project related jobs/other works 3 Individual/House connections *Number of connections given to indigenous peoples, scheduled caste, poor and vulnerable households (male headed/female headed), in relation to total households connected 4 Employment Generation in Number of indigenous peoples, scheduled project construction related work caste, poor and vulnerable employed (M/F) 5 Employment generation in O/M Number of indigenous peoples, scheduled caste, poor and vulnerable employed in project operation related work by contractor(M/F) 6 Skill training programs for project Number of indigenous peoples, scheduled related jobs/other work caste, poor and vulnerable (specify vulnerability) persons (M/F) provided certified training for project related jobs/other works

* It is being ensured that 100% indigenous people households will have individual water connections under the proposed subproject.

10

IX. INSTITUTIONAL ARRANGEMENTS

35. Project Management Unit. The PMU will staffed with two social sector specialists: (i) Project Officer (Safeguard), and (ii) Social and Gender Officer, who receive support from environmental and social safeguard specialists on PMC team. Both will have overall responsibility in implementation of the Safeguards Frameworks and Gender Equality and Social Inclusion Action Plan, including appropriate monitoring and reporting responsibilities.

36. Project Implementation Units (PIUs): PIUs will be headed by a Project Manager and supported by PMC. Resettlement Specialist of PMC assists PIU in implementation of social safeguard related tasks. At each PIU, the Assistant Project Manager has been given additional responsibilities of safeguard tasks and has been designated as Assistant Safeguard Officer (ASO), supported by community development officer (CDO). PIU team is assisted by resettlement coordinator and communication assistant of PIU (PMC) in implementation/updating of resettlement plan/indigenous peoples plan/due diligence report, meaningful consultation, disclosure, establishing broad community consent, identification of appropriate impact avoidance and mitigation measures, assessment of entitlement and computation of compensation other than those covered under RFCTLARRA, etc. The ASO assists PMU in implementation of the key tasks at PIU level.

37. Civil works contracts and contractors. RPs/IPPs/DDRs will be included in bidding and contract documents and verified by the PIUs and PMU. The contractor will be required to designate an Environment, Health and Safety (EHS) supervisor to ensure implementation of EMP/ RP/DDR social safeguard provisions in the Resettlement Framework and IPPF during civil works, which also have the responsibility for communication with the public under the guidance of PMU/PIU and grievance registration. Contractors will carry out all mitigation and monitoring measures outlined in their contract. As the contract will be procured through build-operate framework, contractor is also responsible for operation phase safeguard implementation during a 10-year O&M period, after which it will be the responsibility of the respective ULBs to take over the O&M responsibility.

38. The PMU and PIU will ensure that bidding and contract documents include specific provisions requiring contractors to comply with: (i) all applicable labor laws and core labor standards on (a) prohibition of child labor as defined in national legislation for construction and maintenance activities; (b) equal pay for equal work of equal value regardless of gender, ethnicity, or caste; and (c) elimination of forced labor; and with (ii) the requirement to disseminate information on sexually transmitted diseases, including HIV/AIDS, to employees and local communities surrounding the project sites. The bid documents also includes specific provision regarding inclusion and participation of indigenous peoples and vulnerable persons (persons with disability, scheduled tribe, scheduled caste, below poverty line, women-headed households, transgenders etc.) in project benefits, by requiring the contractor to ensure 100% connections to such households and according priority in employing such persons in project-related construction and operation and maintenance work, and maintaining a sex-disaggregated record of persons benefited.

11

X. CONCLUSION AND BUDGET

A. Summary and Conclusions

39. No adverse indigenous peoples impacts are assessed at identified sites for subproject components. The project is anticipated to have only positive impacts to indigenous peoples. Existing structures like Intake well, water treatment plant and overhead tanks are in good condition and considered under proposed water supply subproject so, no land /site is required for any construction. In this subproject, only distribution line will be laid. No involuntary resettlement impacts are anticipated as distribution network will be laid within the right of way (RoW) of existing road which comes under the jurisdiction of Nagar Parishad Chhanera (Naya harsud). No adverse impacts are anticipated on schedule tribe households residing in subproject towns area due to subproject components. No Objection Certificate (NoC) from public works department (PWD) is required to lay the distribution network. So, no Involuntary Resettlement or income loss of Indigenous People is anticipated in subproject. For linear components (pipe lying) or those proposed along government road right of way (ROW), temporary disruption to road users, pedestrians and commercial vendors will be avoided. Only beneficial impacts to indigenous people in the project town are anticipated and will be ensured.

40. It will be ensured that indigenous peoples and other vulnerable households will be included in project benefits (a) 100% individual household connections for all households in project coverage area, including indigenous peoples /scheduled caste/poor, women-headed and other vulnerable households are ensured under the project, (b) skill training for at least two vulnerable persons for non-IP wards and three persons (two indigenous people + one vulnerable) in the wards with indigenous people presence is being taken up by the contractor; and (c) the contract includes a provision related to employment of scheduled caste/scheduled tribe population and women / vulnerable persons, who are interested and possess required skill or are willing to get trained and available for work in construction-related work and work related to O&M of project facilities. The contractor will maintain records of such employment, which is being monitored by the PMU.

41. Safety measures will be taken during construction time to avoid injuries to workers and the general public. Inconveniences to the public are mitigated during construction by the contractor through simple measures such as provision of planks for pedestrian access to shops with effective traffic management. A budgetary provision is made for costs likely to be incurred for this DDR.

Table 3: Budget for Subproject Town Chhanera (Naya Harsud)

Sl. No. Description Target group Estimated cost

1. Consultations, focus group discussions with Indigenous People and INR 1,50,000.00 and information dissemination through other vulnerable groups posters and pamphlets households residing in the subproject town

2 Training on income generation activities Same as above INR 1,00,000.00 and provision of toolkits

3. 15% contingencies INR 37,500.00

12

Sl. No. Description Target group Estimated cost

Total INR 2,87,500.00

B. Compliance with DDR Requirements

42. The DDR needs to be updated based on detailed design (by PMC in coordination with DBO contractor), initiation/completion of due procedures reported, and ADB approval obtained prior to start of construction.

(i) To increase the participation of Indigenous People in project activities, the frequency of consultations, will be increased; record of consultations held with local communities and other stakeholders to be documented and included in updated/final DDR. (ii) Due diligence report to be updated from time to time by Executing Agency, initiation/completion of due procedures reported, and ADB approval required for No objection.

13

Appendix 1: List of Scheduled Tribes Communities in the State of Madhya Pradesh

Source: Tribal Welfare Department, Government of Madhya Pradesh

1) Agariya 2) Andh 3) Baiga 4) Bhaina 5) Bharia Bhumia, Bhuinhar Bhumia, Bhumiya, Bharia, Paliha, Pando 6) Bhattra 7) Bhil, Bhilala, , Patelia 8) Bhil Mina 9) Bhunjia 10) Biar, Biyar 11) Binjhwar 12) Birhul, Birhor 13) Damor, Damaria 14) Dhanwar 15) Gadaba, Gadba 16) Gond; Arakh, Arrakh, Agaria, Asur, Badi Maria, Bada Maria, Bhatola, Bhimma, Bhuta, Koilabhuta, Koliabhuti, Bhar, Bisonhorn Maria, Chota Maria, Dandami Maria, Dhuru, Dhurwa, Dhoba, Dhulia, Dorla, Gaiki, Gatta, Gatti, Gaita, Gond Gowari, Hill Maria, Kandra, Kalanga, Khatola, Koitar, Koya, Khirwar, Khirwara, Kucha Maria, Kuchaki Maria, Madia, Maria, Mana, Mannewar, Moghya, Mogia, Monghya, Mudia, Muria, Nagarchi, Nagwanshi, Ojha, Raj, Sonjhari Jhareka, Thatia, Thotya, Wade Maria, Vade Maria, Daroi 17) Halba, Halbi 18) Kamar 19) Karku 20) Kawar, , Kaur, Cherwa, Rathia, Tanwar, Chattri 21) (Omitted) 22) Khairwar, Kondar 23) Kharia 24) Kondh, Khond, Kandh 25) Kol 26) Kolam 27) Korku, Bopchi, Mouasi, Nihal, Nahul Bondhi, Bondeya 28) Korwa, Kodaku 29) Majhi 30) Majhwar 31) Mawasi 32) Omitted 33) Munda

14

34) Nagesia, Nagasia 35) Oraon, Dhanka, Dhangad 36) Panika [in (i) Chhatarpur, Panna, , , , , Sidhi and Tikamgarh districts, and (ii) Sevda and Datia tehsils of ] 37) Pao 38) Pardhan, Pathari, Saroti 39) Omitted 40) Pardhi, Bahelia, Bahellia, Chita Pardhi, Langoli Pardhi, Phans Pardhi, Shikari, Takankar, Takia [In (i) , , Dindori and Seoni districts, (ii) Tahsil of District, (iii) Betul, and Shahpur tahsils of , (iv) Patan tahsil and and blocks of , (v) (Murwara) and Vijaya Raghogarh tahsils and and Dhemerkheda blocks of , (vi) , Babai, , Pipariya and Bankhedi tah sils and Kesla block of , (vii) district, and ( viii) Harsud Tahsil of ] 41) Parja 42) Sahariya, Saharia, Seharia, Sehria, Sosia, Sor 43) Saonta, Saunta 44) Saur 45) Sawar, Sawara 46) Sonr

15

Appendix 2: List of Schedule Areas in Madhya Pradesh as specified under Fifth Schedule of Indian Constitution Source: Tribal Welfare Department, Government of Madhya Pradesh

1) district 2) 3) 4) district 5) , , , , Gandhwani and tahsils in Dhar district 6) Bhagwanpura, Segaon, , Jhirniya, and Meheshwar tahsils in Khargone (West ) district 7) Khalwa Tribal Development Block of Harsud tahsil and Khaknar Tribal Development Block of Khaknar tahsil in Khandwa (East Nimar) district 8) Sailana and Bajna tahsils in district 9) Betul tahsil (excluding Betul Development Block) and Bhainsdehi and Shahpur tahsils in Betul district 10) Lakhanadone, Ghansaur and Kurai tahsils in 11) Baihar tahsil in 12) Kesla Tribal Development Block of tahsil in Hoshangabad district 13) Pushparajgarh, , , , Jaitpur, Sohagpur and tahsils of 14) Pali Tribal Development Block in Pali tahsil of 15) Kusmi Tribal Development Block in Kusmi tahsil of 16) Karahal Tribal Development Block in Karahal tahsil of Joura district 17) Tamia and Jamai tahsils, patwari circle Nos. 10 to 12 and 16 to 19, villages Siregaon Khurd and Kirwari in patwari circle no. 09, villages Mainawari and Gaulie Parasia of patwari circle No. 13 in Parasia tahsil, village of Patwari circle No. 25 in Chhindwara tahsil, Harai Tribal Development Block and patwari circle Nos. 28 to 36,41,43,44 and 45B in tahsil Bichhua tahsil and patwari circle Nos. 05,08,09,10,11 and 14 in Saunsar tahsil, Patwari circle Nos. 01 to 11 and 13 to 26, and patwari circle no. 12 (excluding village Bhuli), village Nandpur of patwari circle No. 27, villages Nikanth and Dhawdikhapa of patwari circle no 28 in Pandurna tahsil of .

16

Appendix 3: Photographs of Consultation and List of Participants

Consultation with ST Households at Ward No. 14 of Nagar Parishad-Chhanera (Naya Harsud)

English Translation

S.N. List of Participants S.N. List of Participants S.N. List of Participants 1 Chatur bai 6 Laxmi 11 Foolwati 2 Ikarta 7 Dropati bai 12 Gulki bai 3 Shanu 8 Urmila 13 kalya bai 4 Anita 9 Kavita 5 Chhama 10 Amra bai

17

Consultation with ST Households at Ward No. 15 of Nagar Parishad-Chhanera (Naya Harsud)

English Translation

S.N. List of Participants S.N. List of Participants S.N. List of Participants 1 Saraswati 5 Mamta 9 Chironji bai 2 Usha 6 sakun bai 10 Gulab singh 3 Aaish 7 Uma 11 Ramprashad 4 Sakila 8 Guddi bai 12 savitri bai

18

Consultation with SC Households at Ward No. 1 of Nagar Parishad-Chhanera (Naya Harsud)

English Translation

S.N. List of Participants S.N. List of Participants S.N. List of Participants 1 Savitri 5 Laxmi bai 9 Geeta bai 2 Dulari bai 6 Ram bai 10 Satish borkhade 3 Meena varma 7 Manorama 11 Rani 4 Sevanti bai 8 Sunita bai 12 Anusuiya bai

19

Appendix 4: Summary of Consultation with Scheduled Tribe Households residing in Chhanera (Naya Harsud)

Sl. Location and No. of Participant Topics of discussion Issues/ Concern and Mitigation No. Measures

1 Local residents from ST community • Existing water supply status • Poor water supply in the town. residing in ward No. 14 of Subproject • Proposed subproject • Welcome and support the town town Chhanera (Naya Harsud) components upcoming water supply project 2nd on dated 02 June 2018 • Impact of subproject on • Women had heard about the community particularly ST proposed project and welcomed Participants (Female-14 ) population it as women are facing many • Impact during construction work problems in fetching water for • Impact on health by proposed hours subproject • Need of the community in all • Willingness to take new water aspects. connection • Showed their grievance about the delay in project. • Promised that STs households are ready to take new water connection • Agreeing to pay proposed water tariff. • Employment for ST in the subproject • Demanded free of cost water for ST poor households • raised the issue about their business disturbance due to road excavation. 2 Local resident of ST Women at Ward • Knowledge of project • Women had heard about the no. 15 of town town Chhanera (Naya • Present water supply situation: only half proposed project and Harsud) on dated 022nd June 2018 an hours of supply alternate day welcomed it as women are • Drinking water user charge facing many problems in Participants (Female-10 and Male-1) fetching water for hours. • Some participants did not have water connections. The women were happy to learn about the proposed project.

20

Sl. Location and No. of Participant Topics of discussion Issues/ Concern and Mitigation No. Measures

• Possibility of exempting the poor and vulnerable from user charge payment. • Slum area must be given relaxation for connection and water use • Employment for ST in the subproject • Demanded free of cost water for ST poor households • Timely road restoration 3 SC Women at Ward no. 1 of town • Knowledge of project • Women had heard about the Chhanera (Naya Harsud) on dated • Present water supply situation: only half proposed project and 022nd June 2018 an hours of supply alternate day welcomed it as women are • Drinking water user charge facing many problems in Participants (Female-12) fetching water for hours. • Some participants did not have water connections. The women were happy to learn about the proposed project. • Possibility of exempting the poor and vulnerable from user charge payment. • Slum area must be given relaxation for connection and water use • Timely road restoration • Employment for ST in the subproject • Demanded free of cost water for ST poor households

21

Appendix 5: Indigenous Peoples Impact Screening Checklist

A. Introduction

Each project/subproject/component needs to be screen for any involuntary resettlement impacts and indigenous people impacts which will occur or already occurred. This screening determines the necessary action to be done by the project team.

B. Information on project/subproject/component:

a. District/ Administrative Name: Khandwa b. Location: Chhanera (Naya Harsud) (50 Kms away from Khandwa) c. Civil work dates (proposed): Not yet proposed d. Technical Description: Planning and design of Water Supply Scheme for Chhanera.

The scheme involves laying of distribution line in identified area (ward no. 8 to 14) of the subproject town as distribution line has already been laid in ward 1 to 7 and ward number 15.

C. Below is the initial screening for indigenous people impacts and due diligence exercise.

Positive or negative/permanent and temporary/ directly and indirectly impacts must be considered and reported in the screening process.

YES NO NOT Remarks KEY CONCERNS KNOWN (Please provide elaborations on the Remarks column)

A. Indigenous Peoples Identification

1. Are there socio-cultural groups present in or use The proposed the project area who may be considered as "tribes" ✓ subproject covers all (hill tribes, schedules tribes, tribal peoples), the 15 wards of the town. Indigenous "minorities" (ethnic or national minorities), or peoples households "indigenous communities" in the project area? are reported in all the wards The town falls in a scheduled area as defined by the Indian Constitution 2. Are there national or local laws or policies as well As per Census of as anthropological researches/studies that consider ✓ India-2011, these groups present in or using the project area as subproject towns belonging to "ethnic minorities", scheduled tribes, have 11.87% of tribal peoples, national minorities, or cultural indigenous people communities? 22

population of total population

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 These Indigenous dialect? ✓ people residing in the subproject town speak their own language. But they mainly speak the mainstream language Hindi as they have been living in the town from a very long time. Economically 7. Has such groups been historically, socially and ✓ marginalized economically marginalized, disempowered, excluded, and/or discriminated against?

8. Are such groups represented as "Indigenous As several elected Peoples" or as "ethnic minorities" or "scheduled ✓ representatives are tribes" or "tribal populations" in any formal decision- from such groups, making bodies at the national or local levels? they are part of decision making bodies at local ULB level. B. Identification of Potential Impacts

Entire towns (all 15 ✓ wards, 100% area and population 9. Will the project directly or indirectly benefit or including indigenous target Indigenous Peoples? people population) is likely to be benefited by the water supply scheme.

23

10. Will the project directly or indirectly affect ✓ After implementation Indigenous Peoples' traditional socio-cultural and of this scheme, It will belief practices? (e.g. child-rearing, health, education, affect to the arts, and governance) Indigenous Peoples but the impacts will remain positive in education, health aspects. 11. Will the project affect the livelihood systems of Indigenous Peoples? (e.g., 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 Indigenous Peoples, and/or claimed as ancestral domain?

C. Identification of Special Requirements Will the project activities include:

13. Commercial development of the cultural ✓ resources and knowledge of Indigenous Peoples?

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, spiritual uses that define the identity and community of Indigenous Peoples?

16. Establishing legal recognition of rights to lands and territories that are traditionally owned or ✓ customarily used, occupied or claimed by indigenous peoples?

17. Acquisition of lands that are traditionally owned ✓ or customarily used occupied or claimed by indigenous peoples?

D. Indigenous People Impact

1. After reviewing the answers above, EA/ Safeguard Team confirms that the proposed subsection/ section/subproject/component (tick as appropriate):

24

[ N ] Has Indigenous People (IP) impact, an indigenous people plan (IPP) (or specific IP action plan) is required [ Y ] Has No IP impact, no IPP/specific action plan required.

Prepared By: LN Malviya Bhopal Verified by: PMU Safeguard Team, MPUSIP- Bhopal Vipin Kumarl

Signature:

Name: Position: Signature:

Name:

Position:

Date: Date:

25

Appendix 6: Ward-wise Total, Scheduled Caste and Scheduled Tribes Population of town Chhanera

Ward Number Total Population SC Population ST population 1 1747 504 84 2 1218 400 120 3 1614 185 71 4 1387 61 62 5 1611 96 71 6 1367 270 93 7 1499 256 106 8 1702 308 342 9 1330 218 72 10 1821 375 54 11 1290 95 213 12 1705 159 468 13 1340 6 125 14 1235 191 629 15 1186 282 107 22052 3406 2617

26

Appendix 7: Copy of the Official Order of MPUDC regarding Nomination of Tribal Member in the GRC

27

Figure 3: Chhanera (Naya Harshud) Water Supply Scheme at Glance

28