Malolos-Clark Railway Project
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Combined Resettlement and Indigenous Peoples Planning Framework (RIPPF) October 2018 Draft Project Number: 52083 Proposed Multitranche Financing Facility Philippines: Malolos-Clark Railway Project This draft resettlement and indigenous people’s planning framework is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature. In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area. 2 CURRENCY EQUIVALENTS (as of 31 March 2018) Currency unit – peso/s (₱) ₱1.00 = $0.01916 $1.00 = ₱52.17 ABBREVIATIONS AD – Ancestral Domain ADB – Asian Development Bank ADSDPP – Ancestral Domain Sustainable Development and Protection Plan AH – Affected Household AKPF – Abot-Kaya Pabahay Fund AO – Administrative Order AP – Affected Person BCDA – Bases Conversion and Development Authority BEP Blumentritt Extension Project BIR – Bureau of Internal Revenue BSP – Bangko Sentral ng Pilipinas CA – Community association C.A. – Commonwealth Act CADC – Certificate of ancestral domain claim CADT – Certificate of ancestral domain title CALT – Certificate of Ancestral Land Title CAP – Corrective Action Plan CCA – Community consultative assembly CDC – Clark Development Commission CGC/CNC – Clark Green City (also known as Clark New City) CGT – Capital Gains Tax CIA – Clark International Airport CLASP – Community Land Acquisition Support Program CLOA – Certificate of Land Ownership Award COI – Corridor of Impact CMP – Community Mortgage Program CMP-M – CMP Community Mobilizers DDR – Due Diligence Report DENR – Department of Environment and Natural Resources DEO – District Engineering Office DMS – Detailed Measurement Survey DO – Departmental Order DOTr – Department of Transportation DP – Displaced Person DPWH – Department of Public Works and Highways DST – Documentary Stamp Tax EA – Executing Agency EMA – External Monitoring Agency EO – Executive Order ESR – Environment, Social and ROW Division 3 FPIC – Free and Prior Informed Consent GCR – Greater Capital Region GFI – Government Financial Institution GOP – Government of the Philippines GRC – Grievance Redress Committee GRM – Grievance Redress Mechanism HDMF – Home Development Mutual Fund HH – Household HLURB – Housing and Land Use Regulatory Board HUDCC – Housing and Urban Development Coordinating Council IA – Implementing Agency ICC – Indigenous Cultural Community IOL – Inventory of Loss IP – Indigenous People IPA – Independent Property Appraiser IPP – Indigenous Peoples Plan IPRA – Indigenous Peoples Rights Act IR – Involuntary resettlement IRR – Implementing Rules and Regulations ISF – Informal Settler Families JICA – Japan International Cooperation Agency LARRIPP – Land acquisition, Resettlement, Rehabilitation and Indigenous Peoples Policy (DPWH, 2007) LBP – Land Bank of the Philippines LCMP – Localized Community Mortgage Program LGU – Local Government Unit LHB – Local Housing Board LRT – Light Rail Transit LTAP – Land Tenure Assistance Program MCRP – Malolos-Clark Railway Project MFF – Multitranche financing facility MO – Memorandum Orders MOA – Memorandum of agreement MOU – Memorandum of understanding MRT – Mass Rail Transit NCIP – National Commission on Indigenous Peoples NEDA – National Economic and Development Authority NGO – Non-government organization NHA – National Housing Authority NHMFC – National Home Mortgage Finance Corporation NSCR – North-South Commuter Railway OCC – Operations Control Center OCL – Omnibus Commitment Line PAF – Project affected family Pag-IBIG – Pagtutulungan sa Kinabukasan: Ikaw , Bangko, Industria at Gobyerno PAP – Project Affected Person PD – Presidential Decree PHP – Philippine Peso PIAC – Project Inter-Agency Committee PIB – Public Information Booklet 4 PMO – Project Management Office PNR – Philippine National Railways PO – People’s organization PRA – Participatory rapid appraisals RA – Republic Act RAP – Resettlement Action Plan RCS – Replacement Cost Study RIC – Resettlement Implementation/Implementing Committee RIPP – Resettlement and Indigenous Peoples Plan RIPPF – Resettlement and Indigenous Peoples Planning Framework ROW – Right of Way SHFC – Socialized Housing Finance Corporation SPS – Safeguards Policy Statement SR2 – Safeguards Requirement 2 (Involuntary Resettlement) SR3 – Safeguards Requirement 3 (Indigenous Peoples) TWC – Technical Working Committee WB – World Bank GLOSSARY Some definitions are adopted from the Indigenous Peoples Rights Act of 1997 (IPRA). Ambulant Vendor Itinerant vendors who move from place to place to sell goods/services Ancestral Domain All areas generally belonging to indigenous cultural communities (ICCs)/IPs comprising lands, inland waters, coastal areas, and natural resources therein, held under a claim of ownership, occupied or possessed by ICCs/IPs, themselves or through their ancestors, communally or individually since time immemorial, continuously to the present except when interrupted by war, force majuere or displacement by force, deceit, stealth or as a consequence of government projects or any other voluntary dealings entered into by government and private individuals, corporations, and which are necessary to ensure their economic, social, and cultural welfare. It includes land, forests, pasture, residential, agricultural, and other lands individually owned whether in alienable and disposable or otherwise, hunting grounds, burial grounds, worship areas, bodies of water, mineral and other natural resources, and lands which may no longer be exclusively occupied by ICCs/IPs but from which they traditionally had access to for their subsistence and traditional activities, particularly the home ranges of ICCs/IPs who are still nomadic and/or who practice shifting cultivation. (Adopted from Republic Act [R.A.] 8371) Ancestral Lands Land occupied, possessed and utilized by individuals, families and clans who are members of the ICCs/IPs since time immemorial, by themselves 5 or through their predecessors-in-interest, under claims of individual or traditional group ownership, continuously, to the present except when interrupted by war, force majuere or displacement by force, deceit, stealth, or as a consequence of government projects and other voluntary dealings entered into by government and private individuals/ corporations, including, but not limited to, residential lots, rice terraces or paddies, private forests, swidden farms and tree lots. (Adopted from R.A. 8371) Certification A document issued by the National Commission on Indigenous Peoples Precondition (CP) (NCIP) attesting that the applicant or project proponent has complied with the requirements for securing the consent of affected ICCs/IPs in accordance to the Free, Prior and Informed Consent Guidelines of 2012. Compensation Payment in cash or in kind for land, housing, income, and other assets acquired or adversely affected by the project. All compensation is based on the principle of replacement cost, which is the method of valuing assets to replace the loss at current market rates. Replacement cost calculation comprises these elements: (i) fair market value; (ii) transaction costs; (iii) interest accrued (if any), (iv) transitional and restoration costs (if any); and (v) other applicable payments (if any). Customary Law A body of written and/or unwritten rules, usages, customs and practices traditionally and continually recognized, accepted, and observed by the IP communities. Cut-off date of eligibility The concept of the cut-off date for eligibility is typically used for the non- titleholders, which is generally the date of commencement of the project census of affected persons within the project boundaries. Persons not covered at the time of census taking will not be eligible for claims of compensation entitlements. Entitlement Range of measures comprising compensation, income restoration support, transfer assistance, income substitution and relocation support which are due to affected people, depending on the nature and severity of their losses, to restore their economic and social base. Free and Prior The consensus of all members of the affected IP group is to be Informed Consent determined in accordance with their respective customary laws and practices, free from any external manipulation, interference and coercion, and obtained after fully disclosing the intent and scope of the activity, in a language and process understandable and appropriate to the community. Broad community support may exist even if some individuals or groups object to the project. Income restoration Re-establishing income sources and livelihoods of PAPs to approximate or exceed the level it was before the development project. Indigenous People A group of people or homogenous societies identified by self-ascription and ascription by other, who have continuously lived as organized 6 community on communally bounded and defined territory, and who have, under claims of ownership since time immemorial, occupied, possessed customs, tradition and other distinctive cultural traits, or who have, through resistance to political, social and cultural inroads of colonization, non-indigenous religions and culture, became historically differentiated from the majority of Filipinos. ICCs/IPs will likewise include peoples who are regarded as indigenous on