SFG3063 REV MINISTRY OF TRANSPORT TRAFFIC SAFETY PROJECT MANAGEMENT UNIT (TS PMU) CENTRAL HIGHLANDS CONNECTIVITY IMPROVEMENT PROJECT (CHCIP) Ethnic Minorities Development Plan April 07, 2017 1 Table of Contents ABBREVIATION ...........................................................................................................4 PREFACE .....................................................................................................................5 DEFINITION OF TERMS ................................................................................................6 I. INTRODUCTION....................................................................................................8 1.1. Background of the Project .......................................................................................8 1.1.1 Project Development Objective ..................................................................................... 8 1.1.2 Project Descriptions ....................................................................................................... 8 1.2. Objectives of the EMDP ......................................................................................... 10 II. The legal and policy framework .......................................................................... 10 2.1. The existing legislation relating to EM affairs ......................................................... 11 2.2. The Land Law 2013 ................................................................................................ 12 2.3. The existing legislation on social assistance relating to EM people .......................... 13 2.5. The WB’s operational policy on indigenous peoples (OP 4.10) ..................................... 13 III. A socio-economic profile of the EM groups in the project areas ....................... 15 3.1. Some demographic and economic characteristics ................................................... 15 3.2. The results of screening for EM groups .................................................................. 17 3.3. Socio-economic profile of the indigenous Bahnar and Jarai groups ......................... 18 3.3.1. Social organization and livelihoods ....................................................................... 18 3.3.2. Customs, languages and religion ........................................................................... 18 3.3.3. Gender-related practices....................................................................................... 19 3.4. Socio-economic profile of the migrant EM groups .................................................. 19 3.5. Access to electricity, clean water and sanitation .................................................... 21 IV. A summary of the SA ...................................................................................... 21 V. A summary of consultation during project preparation ....................................... 22 5.1. Methods ............................................................................................................... 22 5.2. Information on respondents .................................................................................. 23 5.3. A summary of consultation results ......................................................................... 23 VI. A framework for ensuring FPIC with the affected EM groups during project implementation. ....................................................................................................... 29 VII. An action plan of measures ............................................................................. 30 7.1. Establishing a participatory community group and practicing participatory monitoring ....................................................................................................................... 30 7.2. Organizing community meetings............................................................................ 31 7.3. Enhancing community awareness .......................................................................... 31 7.4. Communication activities ...................................................................................... 32 7.5. Training of local officials and other stakeholders .................................................... 33 7.6. Facilitating access to credit .................................................................................... 33 7.7. Building capacity for EM people ............................................................................. 34 ............................................................................................................................................... 34 2 7.8. Employment policies in favor of the EM groups ...................................................... 34 7.9. Promoting gender equality .................................................................................... 35 7.10. Promoting education opportunities for EM children ........................................... 36 VIII. The grievance redress mechanism ................................................................... 36 8.1. Grievance redress procedure .......................................................................... 37 8.2. Grievance management and monitoring ........................................................ 37 8.3. Judicial recourse and customary dispute settlement mechanisms among local EMs ....................................................................................................................... 38 IX. Monitoring and evaluation ............................................................................. 38 9.1. Internal monitoring ............................................................................................... 39 9.2. External monitoring .............................................................................................. 39 X. The implementation arrangements .................................................................... 40 XI. Disclosure of information ............................................................................... 41 . ....................................................................................................................................... 41 XII. Budgeting ....................................................................................................... 41 12.1. Budget source ................................................................................................... 41 12.2. Cost estimation ................................................................................................. 41 3 ABBREVIATION DMS Detail measurement survey DoC Department of Construction DoNRE Department of Natural Resources and the Environment DoT Department of Transport DRC District Resettlement Committee EIA Environmental Impact Assessment EMDP Ethnic Minorities Development Plan ESIA Environment and Social Impact Assessment FS Feasibility Study GOV Vietnamese government IDA International Development Association IP Indigenous People MoT Ministry of Transport PAHs Project Affected Households PC People's Committee PMB Project Management Board PMU Project Management Unit RP Resettlement Action Plan RPF Resettlement Policy Framework SA Social Assessment TOR Terms of Reference WB World Bank 4 PREFACE This Ethnic Minority Development Plan (EMDP) was prepared to ensure that the project complies with the World Bank (WB)'s Indigenous Peoples policy (OP4.l0), referred here as ethnic minorities (EMs), who are living in the project's areas. The objectives of the EMDP are to ensure that: (a) EMs affected by the project receive culturally appropriate social and economic benefits; (b) when potential adverse effects on EMs are identified, those adverse effects are avoided, minimized, mitigated, and compensated; and c) the development process fosters full respect for the dignity, human rights and cultural uniqueness of EMs in the project’s affected areas, and takes into account their development needs and aspirations. The OP 4.10 states that development projects, under distinct circumstances, could affect EMs putting them at risk and causing irreversible cultural and socio-economic impacts. EMs, as social groups with identities distinct from that of dominant society, frequently are among the most marginalized and vulnerable segments of the population. Economic, social, and legal status often limits their capacity to defend their rights to land, territories, and other productive resources, and restricts their ability to participate in and benefit from development interventions. The EMDP was prepared based on the results of the social assessment (SA) carried out in the project areas as well as free, prior and informed consultations with the affected EM groups in Gia Lai province. Consultations were conducted in order to confirm the EM communities’ support to the project and ensure all their needs and concerns are taken into account in the design and implementation of the project activities. The EMDP sets up a plan and activities that project executing agencies will implement during the project implementation. 5 DEFINITION OF TERMS Indigenous Peoples Equivalent to Ethnic Minorities (EMs) in Viet Nam. To refer to a distinct, vulnerable, social and cultural group possessing the following characteristics in varying degrees: (i) self-identification as members of a distinct indigenous cultural group and recognition of this identify 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, social, economic, social or political institutions that are separate from those of the dominant society and culture; and (iv) an indigenous language, often different from the official language of the country or region. Project impact Any consequence immediately related to the taking of a parcel of land or to restrictions in the use of legally designated parks or protected areas. People directly affected by land acquisition may lose their home, farmland, property, business, or other means of livelihood. In other words, they lose their ownership, occupancy, or use rights, because of land acquisition or restriction of access. Displaced (Affected) Individuals or businesses that are directly affected socially and economically by people Bank-assisted investment project caused by the involuntary taking of land and other assets that results in: (i) relocation or loss of shelter; (ii) loss of assets or access to assets; or (iii) loss of income sources or means of livelihood, whether or not the affected persons must move to another location. The involuntary taking of land includes the exercise of possession when the proprietor has allowed and benefited from others' occupation of the area. In addition, displaced person is one for whom involuntary restriction of access to legally designated parks and protected areas that result in adverse impacts on livelihoods also; this category of displaced person would be unlikely in the urban area, however. Vulnerable groups Distinct groups of people who might suffer disproportionately or face the risk of being further marginalized by the effects of resettlement and specifically include: (i) women headed household (widow, disabled husband with elderly or children), (ii) disable or the elderly alone, (iii) poor people (living below the state poverty threshold), (iv) the landless, and (v) ethnic minority groups. Culturally appropriate Having regard for all facets of the cultures, and being sensitive to their dynamics. Consultation and Where the project affects EMs, the borrower engages in free, prior and informed Participation consultation with EMs. The borrower ensures: a) an appropriate gender and intergenerational inclusive framework that provides opportunities for consultation at each stage of project preparation and implementation among the affected people; b) using appropriate method to the social and cultural values of the affected EM communities and their local conditions; and c) providing the affected EM communities with all relevant information about the project in a culturally appropriate manner at each stage of project preparation and implementation. 6 Collective attachment For generations there has been a physical presence in and economic ties to lands and territories traditionally owned, or customarily used or occupied, by the group concerned, including areas that hold special significance for it, such as sacred sites. "Collective attachment" also refers to the attachment of nomadic groups to the territory they use on a seasonal or cyclical basis. Customary rights to Patterns of long-standing community land and resource usage in accordance lands and resources with Ethnic Minority Peoples' customary laws, values, customs, and traditions, including seasonal or cyclical use, rather than formal legal title to land and resources issued by the State. 7 I. INTRODUCTION 1.1. Background of the Project 1.1.1 Project Development Objective The project development objective (PDO) is to improve safe and climate-resilient road connectivity along the National Highway 19 Central Highlands-Central Coast corridor in Vietnam. The intended PDOs are expected to be measured by the following outcome indicators: ï‚· Increase of freight and passengers volume transported on the NH19 corridor; ï‚· Reduction in average travel time and vehicle operating costs on the NH19 corridor; ï‚· Achievement of International Road Assessment Program (iRAP) 3-star rating or above on the NH19 corridor; ï‚· Reduction of traffic accidents and facilities on the NH19 corridor; ï‚· Number of days of interrupted traffic due to climate/disaster events; 1.1.2 Project Descriptions The National Highway No. 19 (NH19) runs East-West in the Central Highlands and Central Coast Regions from the regional port of Quy Nhon in Binh Dinh province through Pleiku City in Gia Lai Province to the Cambodian Border of Le Thanh with a length of about 234 km. NH19 is recognized as a contribution to the ASEAN Highway Network as a key corridor in the Greater Mekong Subregion (GMS). The ASEAN Highway (AH) network, also known as the Great Asian Highway, is a cooperative project among countries in Asia and Europe and the United Nations Economic and Social Commission for Asia and the Pacific (ESCAP), to improve the highway systems in Asia. The corridor that NH19 supports connects Bangkok to the Central Coast of Vietnam through Cambodia, and is a major transport link for agricultural products of the hinterland of Gia Lai, as well as the cross-border trade from Cambodia and Southern Lao to NH1 and Quy Nhon Port. The traffic characteristics on NH19 are quite mixed with a large number of heavy trucks and high speed 4-wheeled vehicles with significant number of motorcycles and non-motorized traffic with local pedestrians, but the lack of sufficient road capacity and its poor conditions keeps NH19 being exposed to a high risk of traffic accidents. During the implementation of the Vietnam Road Safety Project (VRSP) in 2012, the International Road Assessment Program (iRAP) consultant assessed most of NH19 as Star 1 and 2 ratings in the safety standard, which revealed that NH19 is one of the critically dangerous road in Vietnam, where a high priority should be given for upgrading. Data from the Traffic Safety Committee of the Gia Lai Province show that accidents in the Province did not substantially decreased between 2011 and 2015, and it remains a key challenge. More importantly, on average 76 percent of the crashes involve motorcycles, which take up to 95% of the total vehicles. The road accident related to motorcycles is also about 75%. Studies from international research institutions (GRSP, MIROS, iRAP etc.) show that application of separate motorcycle lane in countries with high volume of motorcycle like Malaysia, Taiwan, Thailand, and India has proved a reduction in traffic accidents. According to the evaluation of Malaysian Road Safety Institute, 39% of accidents were reduced after the implementation of motorcycle lanes. The proposed activity under this project will focus on road safety 8 infrastructure provisions for motorcycles and road safety management through capacity building. To this end, forgiving roadside features, including an investigation into good practices and standardization of segregated or dedicated motorcycle lanes will be conducted. As a result of road safety surveys and design support, speeds will be investigated to ensure they are appropriate. Overall, these measures will help reduce the number of incidents, accidents, deaths and injuries along the NH19. The upgraded road will help strengthen regional and trade-economic development within the two regions and with Cambodia, and help reduce poverty as it will ease mobility in the northeast provinces of Cambodia which are known for difficult meteorological and geographical conditions (frequent floods during the rainy season and mountainous terrain across Vietnam). The bypasses (An Khe bypass of 10km, and Pleiku bypass of 16km), the on and off ramps for trucks in strategic locations (mountainous areas), as well as safer and efficient intersections with feeder roads will contribute to trade related improvement and transport cost reduction. The proposed project will also leverage the current Government-financed program to rehabilitate the feeder roads that link the agricultural zones to the main corridor, therefore reducing further transport costs along the corridor. The proposed project will therefore strengthen transport and logistics connectivity along the East - West corridor from the Central Highlands to the Central provinces and contributing to the Asia Road system connection with neighbor countries. Component 1 – Road Improvements (estimated cost of USD155m): This component will support the physical improvement of three sections of NH19 including pavement rehabilitation, widening of the road with paved shoulders, widening of lanes and features for the safe sharing of the road by users, including the design and addition of dedicated motorcycle lanes, the improvement of intersections, provision of road safety facilities including guardrails, curbs, and road safety signs. The total length of these 3 sections is 142km (out of a total length of 234km of NH19), composed on 116km of inter-urban roads and 26km of urban roads (bypasses), to complement the two Build-Operate-Transfer (BOT) sections of 75km implemented by the Government. The MoT and the two Provinces have indeed been addressing the connectivity improvement and road safety issues on NH19 by promoting two BOT improvement projects and the NH1- Quy Nhon Port section improvement financed by MoT and Binh Dinh Province during the past few years. The two BOT sections are now in service and collecting tolls. These BOT sections have also established a reasonable precedence for cross-section designs to accommodate the separation of fast and slow speed vehicles and motorcycles in urban, semi- urban and rural areas. The proposed project will help improve the remaining sections of NH19 by completing the establishment of NH19 as a Road Safety Corridor that meets international connectivity requirements with traffic safety standards including the Vietnam’s Traffic Safety Strategy requirements of a minimum of iRap 3-star standard, through road infrastructure safety features. In addition, as the proposed 142km section for financing contains sections which are highly prone to landslides and potential natural disasters, a targeted intervention on these sections contributes to the overall connectivity and safety along the entire corridor. Component 2 – Institutional Strengthening (estimated cost of USD15.35m): This component will support the institutional strengthening aspect of the road improvement component through the preparation of the detailed design for the sections of the roads, bridges and bypass to be improved, as well as the supervision of the works, and the monitoring of the safeguards aspects. This component will be supported by technical assistance through the Global Road Safety Program (GRSF) and the Global Facility for Disaster Reduction and Recovery (GDFRR) grants to (i) carry out the road safety audit to the road designs under the project; (ii) assess impacts of 9 motorcycle lanes in Vietnam and update the draft manual for motorcycle lane design and specifications with incorporation of international best practices; and (iii) enhance climate resilience road design for disaster prone areas. In addition, this component is supported by road activities (enhancement of the traffic safety management capacity of provincial, district and commune level Traffic Safety Committees; road safety awareness program on media; etc.) being implemented along the corridors through government funding. 1.2. Objectives of the EMDP CHCIP is anticipated to make primarily positive social impacts on local communities, including EM groups. The objectives of the EMDP are to ensure that: (a) EMs affected by the project receive culturally appropriate social and economic benefits; (b) when potential adverse effects on EMs are identified, those adverse effects are avoided, minimized, mitigated, and compensated; and c) the development process fosters full respect for the dignity, human rights and cultural uniqueness of EMs in the project’s affected areas, and takes into account their development needs and aspirations. Therefore, this EMDP lays out the development strategy and program for the involvement in CHCIP activities of the related EM groups living in the areas along NH No.19 and two bypasses (An Khe bypass and Pleiku bypass). Also, the plan aims to ensure the compliance with the policies of the Vietnamese Government concerning EM groups, as well as the WB’s OP 4.10. Specifically, the EMDP aims to: (i) define mitigation measures to minimize negative impacts among ethnic minority communities, and maximize benefits of the project by selecting the most suitable design alternative; (ii) Prepare, the analysis of the EMs legal and policy framework concerning EMs, the budget and implementation plan to effectively carry out targeted activities for affected Ems; (iii) Provide the results of free, prior and informed consultation and define an active participation framework for project implementation; and (iv) Ensure that local EMs are involved in the process of project design and implementation so that EM peoples receive social and economic benefits in a culturally appropriate manner and inclusive in both gender and intergenerational terms, and broad community support for the project. (v) Define the monitoring and evaluation for the project. II. The legal and policy framework There are no gaps in the existing legislation and policies of Vietnam and that of the World Bank towards EM groups. Vietnam’s legal provisions and state policies that support ethnic groups and provide development assistance to respond to their needs are better than that provided by other countries in the region. For example, preferential treatment is granted for admission to education establishments. There are provisions of special subsides such as cooking oil, kerosene, and iodized salt. The Government, along with foreign development partners and many NGOs have provided assistance programs/projects that target EMs. The Government has a long track 10 record of development investments among the EM groups aimed at support for them to “catch- upâ€? with the rest of low-land areas. 2.1. The existing legislation relating to EM affairs The EM and mountainous areas occupy three fourths of the natural area of Vietnam. This is the main residence areas of 53 EM groups with 12.3 million people, occupies about 14.2% of the population of Vietnam. This is an important place of defense, security, ecological environment with many potentials and advantages in agriculture, forestry, hydropower, minerals, tourism, border economy, however this is also under-developed region of the country. The existing legal framework has reflected that the Communist Party and the Government of Vietnam has always placed the issue of ethnicities and ethnic affairs at a position of strategic importance. Citizens from all ethnicities in Vietnam enjoy full citizenship and are protected through equally enforced provisions according to the Constitution and laws, as listed in the framework. The underlying principle of the framework is ’equality, unity, and mutual support for common development’, with priorities given to ’ensuring sustainable development in ethnic minorities and mountainous areas’. In particular, Article 5 of the Constitution, amended in 2013, acknowledges the right to equality amongst ethnic groups in Vietnam, including the use of ethnic languages and writings, preservation of ethnic identities, customs, traditions and cultures, and prohibition against any behavior of discrimination and ethnic division. The article confirms that the State shall pursue a policy on comprehensive development and create conditions for ethnic minorities to display their internal strengths in tandem with the national development. This fundamental principle has been institutionalized in laws, Government decrees and resolutions and the Prime Minister’s decisions, which can be divided into three following categories by: (i) ethnicities and ethnic groups; (ii) by geographical areas (for socio-economic development); and (iii) by sectors and industries (for socio-economic development), such as support for production, poverty reduction, vocational training and job creation, protection of the eco-environment, preservation and promotion of culture and tourism, communication, and awareness raising in legal issues and legal aid. The document of the Government on the local democracy and citizen participation is directly related to EMPF. Ordinance No. 34/2007 / PL-UBTVQH11 dated April 20th, 2007 of the Standing Committee of the National Assembly, of the eleventh National Assembly on exercise of democracy in communes, wards and townships had provided the basis for the participation of the community in preparing the development plans and the supervision of community in Vietnam. Decision No.80/2005/QD-TTg of the Prime Minister dated April 18th, 2005 on investment supervision by the community. Government Decree No. 60/2008/ND-CP, dated May 9th, 2008, prescribes the functions, tasks, powers and organizational structure of the Committee for EM Affairs (CEMA). This ministerial level agency under the Government performs its functions of state management of nationwide EM affairs, and of public services within its authority, and provincial departments. Provinces with a significant EM population have a Department of EM Affairs under the Provincial People's 11 Committee. The functions of CEMA ranges from development of laws to implementation of the programs, their monitoring and acting as inter-agency of different ministries of Vietnam and cooperating with international organizations within its authority regulated by laws. 2.2. The Land Law 2013 The Land Law 2013 includes many important implications regarding EM groups and their land arrangements. In particular, Article 27 stipulates that the State shall issue policies on residential land and land for community activities for EMs in accordance with customs, traditions, cultural identities and actual conditions in each region. The State shall issue policies to create conditions for EM people who are directly involved in agricultural production in rural areas to have land for agricultural production. In addition, Article 28 stipulates that the State shall be responsible for developing and managing the land information system and ensure organizations and individuals’ rights to access to this system. The State will timely and publicly disclose information to organizations, individuals, and state agencies. The authorized people in the management and use of land shall be responsible for creating favorable conditions and providing land information organizations and individuals, as stipulated. Furthermore, Article 110 stipulates waiver and exemption of land use charges and land rentals in cases of using land for implementing policies on housing and residential land for EM households and individuals in areas with especially difficult socio-economic conditions, border and sea islands areas; and in cases of using agricultural land for EM households and individuals. According to the Land Law 2013, a residential community refers to a community of Vietnamese residents living in the same village, residential quarter or residential unit, who share customs and traditions, or the extended family. A resident community that uses land with such structures as shrines, temples, worship venues or ancestral houses or agricultural land, as stipulated in Provision 3 of Article 131 in the Land Law 2013, which are not under any disputes and verified by the Commune’s People’s Committee in the land location as land for community use will be granted LURC, ownership of housing and other properties attached to the land (Article 100). Also, the State shall allocate land to and recognize land use rights of these resident communities in order to preserve national identities as attached to ethnic customs and traditions (Article 131). At the same time, in the allocation and rental of land, priorities should be given to EM households and individuals that have no or insufficient productive land in a local area (Article 133). Article 43 in the Land Law 2013 on “collecting views on land use plans and land use planningâ€? stipulates “The agency tasked with land use plans and land use planning, as stipulated in Provisions 1 and 2 under Article 42 of this Law, shall be responsible for collecting views from the people regarding land use plans and land use planningâ€?. The collection of the people’s views should be conducted through publicity of information on contents of land use plans and planning, conferences and direct consultation. In addition, the Government has implemented many policies to provide assistance in residential and productive land, allocate land and forests to EM people and poor households. This has contributed to improving EM beneficiaries’ living conditions, thus motivating them in afforestation and protection of forests. In particular, some major programmes for EMs include 12 Programme 135 (to build infrastructure in poor, remote and deep areas), and Programme 134 (to eradicate temporary houses). 2.3. The existing legislation on social assistance relating to EM people There are many cash transfer programs, both regular and one-time. These include most prominently (i) monthly cash support to the disabled, orphans, single parents and lone elderly without means under Decree 67/2007/ND-CP, amended by Decree 13/2010/ND-CP and then Decree 136/2013/NÄ?-CP, (ii) a small monthly cash transfer to poor households to offset recent increases in energy prices under Decision 268/2011/QÃ?-TTg, which was then amended by Decision 28/2014/QÄ?-TTg (both delivered through local social officers) and (iii) a cash transfer to children from poor households in school for nine months per year delivered through the education system (school principals) under Decree 49/2010/ND-CP, which was then amended by Decree 174/2013/ND-CP. In 2013, a new program was developed to give additional education support to high school students in especially difficult areas (under Decision 12/2013/ND-CP, which was then replaced by Decree 116/2016/ND-CP). 2.4. Gia Lai’s policies relating to EM people Gia Lai’s People’s Committee has issued and implemented some policies to help poor EM households to overcome their hardships and poverty, in particular: ï‚· In 2016, Gia Lai’s People’s Committee developed a plan for fast and sustainable poverty reduction amongst EM groups; ï‚· Decision 334/QÄ?-UBND on vocational training was issued by Gia Lai’s People’s Committee on June 10, 2015; ï‚· Decision 16/2016/QÄ?-UBND on subsidized health care policies for the poor and EM people was issued by Gia Lai’s People’s Committee on March 23, 2016; ï‚· Policies on the provision of soft credit for poverty reduction and job generation of which many EM households are beneficiaries; ï‚· Gia Lai’s People’s Committee has provided housing support to poor people, including many EM people, according to the Prime Minister’s Decision No. 33/2015/QÄ?-TTg, dated August 10, 2015. 2.5. The WB’s operational policy on indigenous peoples (OP 4.10) The WB’s Operational Policy 4.10 (Indigenous Peoples) requires to engage in a process of free, prior, and informed consultation1. The Bank provides project financing only where free, prior, and informed consultation results in broad-based community access and support to the project by the affected Indigenous Peoples. Such Bank-financed projects include measures to (a) avoid potentially adverse effects on the Indigenous Peoples’ communities; or (b) when avoidance is not feasible, minimize, mitigate, or compensate for such effects. Bank-financed projects are also 1 Free, prior, and informed consultation with the affected Indigenous Peoples’ communitiesâ€? refers to a culturally appropriate and collective decision making process subsequent to meaningful and good faith consultation and informed participation regarding the preparation and implementation of the project. It does not constitute a veto right for individuals or groups. 13 designed to ensure that the Indigenous Peoples receive social and economic benefits that are culturally appropriate and gender inclusive. The Policy defines that EM peoples can be identified in particular geographical areas by the presence in varying degrees of the following characteristics: a) self-identification as members of a distinct indigenous cultural group and recognition of this identity by others; b) collective attachment to geographically distinct habitats or ancestral territories in the project area and to the natural resources in these habitats and territories; c) customary cultural, economic, social, or political institutions that are separate from those of the dominant society and culture; and d) an indigenous language, often different from the official language of the country or region. As a prerequisite for an investment project approval, OP 4.10 requires the borrower to conduct free, prior and informed consultations with potentially affected EM peoples and to establish their broad-based community access and support to the project objectives and activities. It is important to note that the OP 4.10 refers to social groups and communities, and not to individuals. The primary objectives of OP 4.10 are: ï‚· to ensure that such groups are afforded meaningful opportunities to participate in planning project activities that affects them; ï‚· to ensure that opportunities to provide such groups with culturally appropriate benefits are considered; and ï‚· to ensure that any project impacts that adversely affect them are avoided or otherwise minimized and mitigated. In the context of the project, the EM groups (equivalent to indigenous peoples) in the project area are likely to receive a long term benefits through the improved connectivity and capacity building, but they may be negatively affected by land acquisition and/or relocation. Specific policy and action plan to mitigate the potential impacts due to land acquisition and relocation will be addressed through the preparation of the Resettlement Action Plan (RAP). Therefore, this EMDP has been designed to focus on community development measures for the EM groups in the project sites in Gia Lai province, in particular: (a) consultation to ensure that the EM peoples have an opportunity to voice their concerns and to participate and benefit from the Project (b) free, prior and informed consultation leading to ‘broad-based community access and support; and (c) other community development measures as appropriate. The sections below describe the activities that have been/will be carried out during the preparation and implementation of the Project. In the areas of CHCIP, EM groups in the project areas are likely to receive long-term benefits due to the improved connectivity, enhanced awareness of the transport-related activities, and capacity building for the related stakeholders. This EMDP will ensure EM people receive benefits in a culturally appropriate manner through regular consultation and participation of EM peoples in the project’s activities. 14 III. A socio-economic profile of the EM groups in the project areas The subproject is located within Gia Lai province. The section, 123,57km long, consists of the followings: section from Km67 – Km90; section Km131+300 – Km167, section Km180 - Km247, and two bypasses which is An Khê (6,2 Km) and Pleiku (21 Km), spanning across 29 communes and wards, 6 districts, one town (An Khe), and one city (Pleiku). A social assessment (SA) was conducted in December 2016 by ITST consultants in the project areas. This section presents key findings of the social assessment. As a mountainous province in the Central Highlands, Gia Lai is bordered by Quảng Ngãi, Bình Ä?ị nh và Phú Yên on the east, Cambodia (a borderline covering 90km on the West, Kon Tum in the North and Darlak in the South. Gia Lai has 17 administrative units, including Pleiku city, An Khê and Ayun Pa towns, and 14 districts. Pleiku is a political and economic hub with two strategic national highways, namely NH 14 (North-South) and NH 19 (East-West), which creates favourable conditions for socio-economic exchange with other parts of the country. Gia Lai has a tropical monsoon climate with considerable humidity and rainfalls, with no storms. The rainy season lasts from May to October while the dry season lasts from November to April. Its climate and soil are suitable for annual and perennial industrial crops, such as pepper, cashew and rubber, as well as livestock production. The province is endowned with abundant land, water, forest and mineral resources. 3.1. Some demographic and economic characteristics The population in Gia Lai has reached 1.4 million by the end of 2015, with 42.6% belonging to EM groups (UNICEF, 2015). The province accommodates more than 30 ethnic minority groups which live in over 1,000 villages. Jarai and Bahnar are two biggest EM groups in the province with around 400,000 people, which makes up one fourth of the provincial population. Below is some basis information on the EM populations in the project districts and communes in Gia Lai province. Table 1: A breakdown of the EM populations in the project districts and communes No. Administrative Population of which ethnic minorities units in 2015 Total Bahnar Nung Tay Jarai Thai Others I An Khe town 1 Song An ward 5.442 325 303 3 10 An Phuoc 2 3.545 0 Commune Thanh An 3 5.471 21 2 4 1 7 7 Commune An Binh 4 8.170 72 58 14 Commune 15 5 Ngo May ward 5.384 14 1 1 1 1 4 6 Dak Doa II district 1 Dak Doa town 15.476 3.551 3.047 85 374 45 Ia Kla 2 7.289 3.280 3.233 47 Commune Ia Bang 3 11.220 6.813 6.813 Commune Tan Binh 4 5.212 21 21 Commune K’Dang 5 10.690 4.612 4.550 45 1 Commune 6 Glar Commune 8.984 8.767 8.767 A Dok 7 5.948 5.703 4.809 4 4 882 4 Commune III Duc Co District Ia Krieng 1 5.427 4.406 4.254 152 Commune 2 Chu Ty town 14.344 693 30 628 18 17 Ia Pnon 3 4.672 4.156 4.102 54 Commune Ia Nan 4 8.673 3.384 3.384 Commune Ia Krel 5 8.313 3.226 3.136 90 Commune Ia Dom 6 6.995 2.657 2.217 440 Commune Ia Din 7 3.980 2.140 1.798 342 Commune Chu Prong IV District Bau Can 1 6.370 695 3 39 554 99 Commune Thang Hung 2 6.709 1.516 1.516 Commune Binh Giao 3 6.642 2.307 2.307 Commune V Pleiku City 1 Gao Commune 4.093 2.363 3 2.232 56 72 An Phu 2 10.887 1.294 13 10 1.256 15 Commune Chu Hdrong 3 2.494 707 4 699 4 Commune Chu A 4 9.300 1.899 692 1.207 Commune 16 VI Dak Po District Tan An 1 12.699 92 32 60 Commune Cu An 2 7.078 34 34 Commune Mang Yang VII District Dak DJrang 1 5.019 1.226 1.040 45 141 Commune Gia Lai is a poor province. Table xx demonstrates high rates of poverty among EM groups in the project districts. Similarly to the EM groups in other parts of Vietnam, the EM groups face structural disadvantages, including limited market access, less mobility, less access to financial services, lower levels of education, less productive, limited or lower-quality land, and stereotyping and other cultural barriers. The differences in these areas combine in a “vicious cycleâ€? to influence EM livelihood outcomes and lead both directly and indirectly to persistent poverty that is, poor infrastructure leads to poor education, poor employment, and then poor access to markets and services. These structural disadvantages continue to play an important role in keeping many EMs from earning a better living. Table 2: The breakdown of the population in the project districts by ethnicity and poverty status Indicators YearPleiku An Khê Ä?ắk Mang Ä?ắk ChÆ° Ä?ứ c city town PÆ¡ Yang Ä?oa Prông CÆ¡ Number of people 2012 219451 65192 40423 57946 104511 104305 64726 Rate of Kinh 2012 87,1 98,1 76,5 39,3 43,6 52,9 55,4 people (%) Rate of EM people 2012 12,9 1,9 23,5 60,7 56,4 47,1 44,6 (%) Number of 2014 50065 15986 9572 10197 24809 26501 16069 households Number of poor 2014 205 293 1183 2901 3843 3273 2180 households Poverty rates (%) 2014 0,41 1,83 12,36 28,45 15,49 12,35 13,57 (hh) Rate of Kinh in 2012 52,70 91,10 37,80 16,10 11,20 11,40 13,90 poor population (%) (hh) Rate of EM in poor 2012 47,30 8,90 62,20 83,90 88,80 88,60 86,10 population (%) Source: UNICEF, 2015 3.2. The results of screening for EM groups A screening exercise was conducted before the SA. The results of the SA showed that there is the presence of some EM groups as defined according to the Bank’s criteria for being identified 17 as Indigenous Peoples. They can be divided into two groups, namely the indigenous Bahnar and Jarai groups which represent bigger shares of the local populations, and the migrant groups of Tay, Nung, Thai and Muong, which make up smaller share of the local populations. 3.3. Socio-economic profile of the indigenous Bahnar and Jarai groups According to the SA, the Bahnar and Jarai groups in the project areas concentrate in the five districts of Dak Po, Mang Yang, Dak Doa, Chu Prong and Duc Co. They derive their livelihoods from the same sources, namely agriculture and small scale trading along the roads. 3.3.1. Social organization and livelihoods As Bahnar and Jarai groups have long settled in the Central Highlands. The Bahnar and Jarai groups in the project areas mainly concentrate in both sides of NH19. They live together with the Kinh people and share public facilities and natural resources. The Bahnar and Jarai groups in the project areas include both nuclear and extended families. The ratios of men and women are 49% and 51%, respectively. Both Bahnar and Jarai peoples mainly live in a concentrated manner and build a close-knit relationship among members in the community, hence, the kinship is strong. The elderly within a village used to play a strong role in the social organization of the Bahnar and Jarai peoples, but their roles have become weakened over time. At present, members of theses groups tend to follow the advice of the elected respected persons in their villages. The Bahnar and Jarai peoples mainly grow rice, but in fields away from the road corridor and will not be subject to restricted access to their fields due to the construction of the road. In addition, they grow fruit and vegetable crops and industrial plants (coffee, cashew, rubber,..) and raise livestock. Agricultural livelihoods form their main sources of income and sustenance. Some households also own small shops selling car appliances, food, toiletries, drinks and other basic commodities. About 10 - 20% of the Bahnar and Jarai households are in the districts’ poor list. A majority of the Bahnar and Jarai people live on agriculture. Besides, they are hired as porters for nearby construction sites, or as seasonal laborers during a harvest season, or work for small businesses. 3.3.2. Customs, languages and religion The Bahnar and Jarai peoples have their own ethnic languages which are spoken mainly within families and community members, as well as in local radio and TV broadcasting programmes. They have preserved and passed their own languages onto younger generations mainly verbally. Bahnar and Jarai groups also have their own writings, which are taught together with Vietnamese in primary and lower secondary schools with many students from these groups. Bahnar and Jarai spoken and written languages are main subjects at various levels of education in provincial and district boarding schools. Curricula for the teaching of the Bahnar and Jarai languages for provincial officials have been prepared. Some national and local newspapers are bi-lingual, either in Vietnamese and Bahnar or in Vietnamese and Jarai. 18 The Bahnar and Jarai peoples maintain their traditional customs to worship their ancestors and pray for good weather in the New Year Festival. During the festival, they usually wear traditional clothes. Each village has a cultural house which is a wooden structure built on tilts. In the project area, most Bahnar and Jarai peoples follow Christianity and Protestantism. 3.3.3. Gender-related practices Within a family: The Bahnar and Jarai groups follow a matrilineal system. However, in the project areas, the roles of men and women are becoming more and more equal. In particular, important household issues, such as buying valuable properties, children's marriage, and charity work, are discussed and agreed between husbands and wives. Properties are jointly owned by husbands and wives. Common properties created during their marriage are owned by both. In addition to common properties, both of them have private ownership rights for possessions before marriage, gift or inheritance for only either of them. At the time of divorce, private properties are not divided, while common properties are equally divided among them. Both men and women have equal values in society. When marriage cannot be continued, divorce can be carried out without difficulties. In the relationship with children, parents do not have any discrimination between sons and daughters, the eldest child and younger children, adopted children and biological ones. Accordingly, sons-in-law and daughters-in-law are treated equally in the family, there is no unjust treatment to the wife's and the husband's siblings. Inheritance from parents is equally divided among children. Parents at the old age often live with the youngest child regardless of the youngest child's gender. After parents’ deaths, their remaining property will be given to the person who looks after parents before their deaths. The Bahnar and Jarai peoples’ notion of a clan is neither female-oriented nor male-oriented. When tracing his/her lineage and identifying his/her bloodline, an individual does not attach much importance to answering whether he/she belongs to the father's or the mother's clan. Therefore, the Bahnar and Jarai peoples do not have the notion of a clan related to the father or the mother. The Bahnar and Jarai peoples have changed some of their cultural practices as a result of cross-cultural exchange with the Kinh group. Despite the general gender equality among family members, there still exist some gender patterns and differences in the roles of male and female in the family, especially regarding the division of labor. Parents do have power over their children. Parents may prefer having a son so that he can become a main labor in the family. Nevertheless, the preference for sons does not cause unfair treatment to daughters. In the relationship with children in daily life and handling important affairs, parents often show sympathy with their children. However, this relationship is built in a strict order and discipline. In religious practices: In the project areas, men and women are free to join any religion. However, they are tend to follow the common religion in their villages. In community administration: The Bahnar and Jarai peoples actively participate in the political administration, including the community affairs, and many Bahnar and Jarai officials are female. 3.4. Socio-economic profile of the migrant EM groups 19 Members from Tay, Nung, Thai and Muong migrated from northern mountainous provinces and have settled in the project sites for decades. Usually, members of the migrant EM groups have better living standards than those from the indigenous EM groups. Many members from the EM migrant groups have jobs in the local administration or provide services through small shops and restaurants. Below are some characteristics, including social organization, livelihoods, culture, traditions, religions and gender-related practices, of the migrant EM groups. The Tay: The social unit of the Tay is a village with a male head that has great authority. Tay property regimes are divided into public ownership of the village and into ownership of private household property. The public ownership includes all land, forests, rivers and natural resources within the village. Added to these, roads, bridges, temples and shrines are classified as public property. Private ownership in its turn encompasses all production land that is owned, cultivated or reclaimed by each family. In addition, assets such as houses, agricultural products, household items, handicrafts and other items produced by household members are private property of the family. Each village has regulations concerning protection of forests and water resources as well as land and production activities. Social relations between relatives and neighbors in the village are demonstrated in all aspects of life, both in production, spiritual life and religious beliefs. The Nung: The Nung are closely related to the Tay and have the same kind of social and village structure as the Tay. They share the same language and often live in the same villages with the Tay. The Nung follow the male line and have a tradition of giving all inheritance to sons only. The Nung are mostly Buddhists with influence of Confucianism, and they worship their ancestors. Like the Tay, the Nung have a long tradition of wet rice cultivation and well-developed irrigation systems. They also grow vegetables, groundnuts, different fruits, spices and bamboo, and they terrace lower hill slopes to provide land for the farming activities. The Thai: The Thai originated from inland Southeast Asia where their ancestors have lived ancient times. The Thai language belongs to the Tay-Thai group (of the Tai-Kadai language family). Early in their history, the Thai adopted wet rice cultivation, using suitable irrational networks. The original social structure is called ban muong, also known as the phia tao regime. The Thai lineage is called Dam. Each person has three key lineal relationships: Ai Noong (every born from a common fourth-generation ancestor); Lung Tay (every male member of the wife’s family throughout generations); and Nhinh Xao (every male member of the son-in-laws). The Black Thai worship their ancestors on the 7th and 8th month of the Lunar Year. The White Thai also celebrate the New Year according to the lunar calendar. Villagers also worship the gods of land, mountain, water and the soul of the central post of the village. The Thai have their own Sanskirt-style writing system. Their language is taught orally. The Thai have many ancient written works on their history, traditions, customary laws, and literature. located in the mountainous area southwest of Hanoi. Considered the only surviving descendants of the early Vietnamese, the Muong, unlike the lowland northern Vietnamese, have been little influenced by the Chinese. Their language, called Muong, is a subset of the Vietic branch of Mon-Khmer, a language family of Austroasiatic stock. The Muong’s social structure is patrilineal and has as its foundation the extended family; only males own property. The Muong economic base is agrarian; wet rice is grown on terraced land, and dry rice is also cultivated. They raise pigs, oxen, buffalo, and chickens; hunting is done in order to provide meat for festivals. The Muong gather wood and cinnamon for trade. They live in clusters of 10– 20 25 houses, portions of which are used to hold animals and store crops. A number of their towns have become trading centres. The Muong practice a religious animism, worshiping ancestral and supernatural spirits, many of which are also recognized by the northern Vietnamese. 3.5. Access to electricity, clean water and sanitation Access to clean water in the project areas is still limited. According to Gia Lai’s Provincial Statistical Office, the proportion of people using clean water in the project districts ranged from 61.2% - 98.5%, while the highest rate recorded in Pleiku city, the lowest was Mang Yang district. Around 17.5% of the project affected households use water from dug wells, 29.4% use bored wells, others use tap water (53.1%). For drinking water, 67.6% of the households use tap water, 13.5% use dug well and 18.9% use bored well. The quality of underground water in the project areas is believed to be unsafe for domestic use. Meanwhile, as many as 95% of the EM households in the project areas use water from their self-drilled wells, while others use water from streams. Only some communes have piped water service. The statistics also indicated that the proportion of households with sanitary latrines in the districts of the project areas ranges from 49% -100%, of which the highest rate was in Pleiku city and the lowest was in Duc Co district. Through a direct survey of the affected households conducted in December 2016 for the preparation of the project’s RAP for Gia Lai, 79.3% of households have septic toilets, only 17.5% of households have temporary and unqualified latrines and 2.2% of households have no toilet, or to borrow others’ or defecate on fields , which contributes to environmental pollution in their living areas. Also according to this survey, all households in the project sites have access to electricity. IV. A summary of the SA Below is a summary of the SA conducted in some project districts in Gia Lai province in December 2016. The total length of selected sections of NH19 for rehabilitation and upgrade under the project is anticipated at this stage about 142 km (out of a total length of 234km of NH19), of which 116km located in rural areas and 26 km located in urban centers. Right of way of the selected sections is physically demarcated. The social assessment shows presence of Bahnar, Jarai, Tay, Nung, Thai, and Muong groups in the project areas who are potentially affected. These ethnic minority groups are concentrated in Pleiku city and the districts of Mang Yang, Dak Doa, Chu Prong and Duc Co of Gia Lai province deriving their livelihood from agriculture and small scale trading along the project corridor. A total of 29 communes with the local EM groups, which are affected by CHCIP, are located along NH 19 and the two bypasses in Gia Lai province. In section Km 67 - Km 167 in NH19, the EMs are primarily outside the road corridor of impact (1-5 km on either side of the road). Meanwhile, in section Km 167 - Km 243 in NH19, the EM households live alongside the road and outside the road corridor of impact (1-3 km on either side of the road). The project will acquire permanently 188.3 ha of private agriculutre land and 5.6 ha of residential land for both (i) widening of existing alignment and (ii) two proposed bypasses leading to loss of livelihood/sources of livelihood and will also displace households. The two bypasses are expected to be newly constructed to avoid urban populated areas. These bypasses run through agricultural field, plantation forest and residential areas. The land acquisition in 21 turn will impact 1,095 households (4,980 project affected persons) of which 91 households will be relocated, 60 ethnic minority households from Bahnar, Jarai, Nung, Thai, and Muong groups are potentially affected (4 households in Glar commune of Dak Doa district, Pleiku bypass are likely to be relocated). Consultation has been conducted with these four households, including consultation with the local head of this EM group. The project will also impact 290 business establishments, and about 20 graves of Bahnar people. In terms of temporary impact, the project is anticipated to affect an estimated 9,800 m2 of agricultural land area, and 3,800 m2 of public land. Efforts will be made to avoid or miminize these temporay impact during the construction of the works. Of the total number of 1,095 affected households, 95 are vulnerable households, 116 are renter and 523 are marginally affected. On the existing alignment, houses are located sparsely in two sides along the road and mostly behind the demarcated right of way. A number of houses have temporary cottages for small services along the road. Specific policy and action plan to mitigate the potential impacts due to land acquisition and relocation will be addressed through the preparation of the Resettlement Action Plan (RAP). According to the SA, many women from the EM groups have limited or no literacy. Although women are believed to play a more important role in household decision making, especially regarding household expenditures, they undertake heavy work such as child care and housework even when they are sick and need personal health care, including maternal healh care. In addition, women from the EM groups are still confined to their housework and farmwork, whereas men are expected to participate in activies outside the family. Women from the EM groups do not attend community meetings or skills training. This apparently leaves the women less chance of being trained in skills that can improve their traditional dual roles – child/family care and crop care. According to some literature, women are expected to take part in both housework and crop care and women are expected strongly expected to perform both roles. As they are not mainly involved in income generating activites, their voices are less heard. V. A summary of consultation during project preparation 5.1. Methods To prepare this EMDP, free, prior, and informed consultations were conducted with various stakeholders within MoT and the local authorities at various levels in Gia Lai province regarding EM issues. A team of five researchers, including one lead researcher, and four team members, were employed for the consultations at the local level. A number of conventional qualitative research instruments were used, including focus group discussions (FGDs), in-depth interviews, note-taking, and photographing, and non-participant observation. ï‚· Focus group discussions: Each FGD usually included 8-10 participants who were recommended and invited by local guides following the requirements of the research team. Gender-disaggregated data were paid attention through the establishment of gender sensitive FGDs. Local guides were the chiefs of the affected EM communities who had a very good understanding of their communities. In order to understand likely different impacts and their responses to the project, a variety of respondent groups 22 were selected, including local officials, and representatives of mass organizations, the affected EM groups and households, including local poor/near-poor. ï‚· In-depth interviews: The team explored some case studies with more in-depth information. The informants for such in-depth interviews were selected from the FGDs (researchers found some discussants who have more interesting details to provide so had him/her for a separate in-depth interview). Also, the interviewees were recommended directly by local guides after researchers had fully explained the assessment objectives. ï‚· Triangulation: A few extra interviews with local officials and heads of the affected EM communities were added under a technique known as ‘triangulation’ to validate the information the team had obtained from local residents. They were an additional source rather than a proper sub-group. Also, there were some issues the latter raised but did not understand why, given their positions. In such cases, the extra interviews would help clarify or supplement what local residents had stated. These interviews served to validate and, in some cases, supplement the information provided by local residents. 5.2. Information on respondents The consultation was conducted in 20 project communes in five project districts with the affected EM groups in Gia Lai province, from early November 8 to March 5, 2016. The districts were. For each district/town, a commune selected for consultation. At the provincial, district and commune levels, the study team held consultative meetings and group discussions with representatives from the DoT and DoNRE. In each study commune, the team organized 2 meetings and group discussions, and some in-depth interviews with stakeholders and the affected EM people. In total, the team held 24 meetings and group discussions with 790 respondents. The respondents included: ï‚· Local officials: are officials from DoT and DoNREs, the Divisions of Natural Resources and the Environment (DivNRE), and commune officials (leaders of people’s committees, cadastral officers and leaders of commune’s mass organizations. They are directly or indirectly involved in local land administration and EM issues. ï‚· Representatives from the related sub-national agencies: included those from the Farmers’ Association, the Women’s Union, the Committee for EM Affairs, and the Youth’s Unions. ï‚· The public: included non-poor, poor and EM people in the study sites. Usually, many of the EM respondents were also poor or non-poor, who live in difficult areas and have poor education. A detailed breakdown of respondents can be found in Annex 2. 5.3. A summary of consultation results To ensure the community consultation process brings about more positive effects to the affected EM peoples, project information was prepared and delivered to their communities well in advance in different ways so that the concerned people from the EM households in the 23 project areas could be aware of the project. The EM people often speak their ethnic languages in daily communication in their families and communities. However, they can also speak and read Vietnamese. All project materials were summarized in Vietnamese. Group discussions and in-depth interviews were also conducted in Vietnamese without any interpreters’ support, as it was not requested by the participants from the EM groups. A sample minute of consultation with the affected EM people can be found in Annex 1. In addition to consultation with the 60 EM affected households through socio-economic survey, key informant interviews were also conducted with the heads of affected EM groups and other members of the affected EM communities. Information delivered to and consulted with the participating EM people included a general introduction of the project and its main components, the project impacts (positive and negative), mitigation measures for adverse impacts and community development measures, participation and consultation during the project preparation and implementation, and the grievance redress mechanism. The results of FPIC with the affected EM peoples, conducted in December 2016, are summarized as follows: Broad community support: After being informed adequately, the consulted EM respondents expressed their support for the project as they believed that their communities would be well- placed to benefit from the positive impacts of the project improve their living conditions and livelihoods. Given the benefits that the project would bring about, as described below, the participants expected the project would be carried out soon. Positive impacts: The following impacts were listed during the consultation: ï‚· Improving transportation and traffic safety: The existing current road does not meet the travel needs of local people. Given the large daily traffic volume, especially due to trucks traveling at high speed, traffic accidents become common and typically serious. The local people were aware that the project would improve the traffic system and enhance traffic safety for the local EM communities. ï‚· Improving living conditions: The respondents were aware that the sub-project will improve living conditions for local people, including those from EM groups, in terms of environment and sanitation (tackling drainage and controlling flood), access to market, school, healthcare and other social services, better security. They are also aware of other benefits, increased land values. ï‚· More business opportunities: People from households which own small shops selling car appliances, food, toiletries, drinks and other basic commodities believed that their revenues would increase with the improved road connectivity thanks to increased traffic volumes and more customers. The local people were also aware that better transportation would lead to better access to local markets for sales of their farm produce. ï‚· Increasing access to EM communities: The project will increase access to the EM communities via the rehabilitated road. Therefore, the respondents believed that most of the EM households alongside the upgraded road who are traders and farmers will benefit from increased trade and economic growth in the project areas. As most agricultural produce is gathered from paddy fields and fruit and vegetable plantations away from the road corridor, improvements of the road are believed not to cause any major disturbance to their livelihoods. The increased exposure to outside development 24 and increased interaction with other people will, however, have to be documented during project implementation. ï‚· Increasing land values: Thanks to the benefits that the project will bring to local communities, especially to ethnic minorities, the values of local land would be increased accordingly. Adverse impacts: The consultation indicated a number of potential adverse impacts that the project may cause to the EM communities in the project sites. These adverse impacts are presented below in parallel with the suggested measures to mitigate or minimize them. 25 Table 3: Potential adverse impacts and suggested mitigation measures Topical Adverse impacts Suggested measures/activities Issues The project would require the acquisition Local EM peoples expect appropriate compensation and support. Compensation rates Land of land from some EM households. should be agreed with affected EM peoples. acquisition The participants expressed concern about Any affected households which may lose their land houses should be resettled within their the compensation policy for households own communities so that they can maintain their cultural social practices, avoiding with unofficially recognized land negative impacts on their income-generating activities and business, and maintaining their transactions and compensation rates for relations with neighbors and other social networks. Also, such resettlement options will households with legal land titles. not to affect their spiritual life. The construction process may have adverse Temporary access will be arranged for affected households during the construction phase Livelihoods impacts on agricultural production and to avoid impacts on their production and business. business of EM households, such as transportation, traffic safety and sales The respondents expressed their hope to have opportunities to access loans to start up during harvest seasons (from November to household businesses, such as food supply, vehicle repair, and convenience stores. People March for sugar canes; from January to also want to have training courses related to the use of credits in their own chosen April for pepper; September and October businesses. for coffee). Training courses will be held to improve skills of the EM people in the project sites so that they can have better access to job opportunities during and after the project implementation. Jobs opportunities will be prioritized for the affected EM people in the project sites. The participants from a poor EM community also expressed their wish that the design of The project will go through the farming the alignment would avoid residential areas, thus minimizing losses for local people. They areas of EM people. also proposed that households with field land to be divided by the project’s alignment be provided with land in the same side of the alignment or adequate compensation. 26 Civil works The process of road construction will affect Construction schedules will be notified to local people as soon as available. traffic flow and transportation in the local communities in general and among the EM Civil works will be completed as soon as possible, and carried in a rolling basis, to minimize groups in particular (e.g. access to EM the potential adverse impacts on local livelihood. villages) Social and Local EM people have never relocated Careful consultation is needed before relocation to ensure the process is supported and cultural life graves before. culturally appropriate. There might be social and/or cultural Workers participation in the project construction must sign up for temporary residence conflicts between construction workers andpermits with the local government. Workers will be trained to understand local culture, local EM peoples. customs and habits. There should be a good management of workers so as to avoid workers’ conflicts with local EM peoples. Actions should be taken to avoid social evils Migrant workers may have anti-social among workers. Self-managed groups will be established with representation of villagers behavior and problems (thefts of domestic and contractors. animal, drug abuse), which may negatively impinge upon moral conditions of the EM EM peoples are mainly engaged in agriculture, and/or workers as hired labor. During the communities during the construction construction, job opportunities will be provided to local EM peoples to help improve period. incomes of local EMs. This will also contribute to reduce the number of workers who come from other areas, which may affect the social order in the locality. Local people prefer short-term employment in off-farm seasons and payment on a daily basis. Environment During construction, environmental sanitation will be assured, particularly the air, so as and housing/ The participants voiced some temporary not to affect the health of local people. structures impacts that might happen during the construction period, such as dust, noise, Adequate construction material sites and disposal sites will be arranged. vibration and cracks of houses and other structures, a lack of traffic safety. The construction may cause negative impacts on the irrigation system, such as flooding in some rice-growing areas. Gender Women spend more time than men doing Adequate consultation with the related EM groups is needed to ensure that both men and housework and care of their children. Some 27 work to earn extra income. As a result, the women participate in development activities and receive economic and social benefits in a relocation process, particularly for those culturally appropriate manner. More details can be found in the section on the proposed losing shelter, would apparently take them plan of actions below. more time and effort as a result of relocation, and affect their ability to earn income for if they work as hired labor, or are directly involved in crop care/cultivation, which eventually increase their burden. Communicati Awareness will be raised regarding the participatory role of the affected EM groups in on, designing activities to improve their living conditions, and mobilize their contributions in participation labor and kind to the community work. and The respondents also expressed their wish that the PMU coordinate with mass empowerme organizations at the commune and village levels to conduct awareness-raising campaigns nt for the local EM people regarding road safety in order to minimize risks of traffic accidents. Aware-raising, communication, training and consultative activities will be held in their traditional cultural houses as it is a long lasting custom for the Bahnar and Jarai peoples. When any complaint arises, the project owner and local government will collaborate to Grievance resolve the problem quickly and reasonable, ensuring the rights of affected EM are redressal protected. The consultation participants asked that Compensation and support policies applicable under the project as well as construction Disclosure of affected EM people be supported schedules will be disclosed to local EM peoples. information financially to ensure the economic activities of the people are not affected. Prior to the implementation of this EMDP, once the detailed design becomes available, more consultation will be conducted in a free, prior and informed manner with the related EM groups. Together with the RAP for Gia Lai, this EMDP will be updated to reflect the consultation outcomes, and the related plan of measures. 28 VI. A framework for ensuring FPIC with the affected EM groups during project implementation. Principles of consultation and participation: The WB requires that Project Owner has to engage with project affected people through information disclosure, consultation, and informed participation. Depending on the nature of the project, the consultation and participation of project stakeholders will be done in a way that is proportionate to the risks to and impacts of the project on the affected peoples. In case where EM peoples are present in the project area, Free, Prior and Informed Consultation (FPIC) will be conducted with the affected EM peoples - in a manner that is culturally appropriate to them. During project implementation, as a principle of ensuring inclusion, participation and cultural suitability, the project will hold continuous consultations including soliciting feedback from the affected EM groups so that remedial actions can be taken to support improved participation and provision of benefits to their communities. Meanwhile, FPIC will be conducted with the affected EM groups before the implementation of civil works activities. Methods: The consultation methods to be used are appropriate to social and cultural traits of the affected EM groups. The methods will also be gender and inter-generationally inclusive, voluntary, free of interference and non-manipulative. The process of consultation will be two- way, i.e. both informing and discussing as well as both listening and responding. All consultations will be conducted in good faith and in an atmosphere free of intimidation or coercion, i.e. without the presence of those people who may be intimidating to respondents. It will also be implemented with gender inclusive and responsive approaches, tailored to the needs of disadvantaged and vulnerable households in the EM communities, enabling incorporation of all relevant views of affected people and other stakeholders into decision making. Dissemination of information: In particular, the affected EM groups will be provided with relevant information about the project as much as possible in a culturally appropriate manner during project implementation, monitoring and evaluation, to promote their meaningful participation and inclusion. The information will include but not be confined to conceptualization, design, proposal, safeguards, execution, and monitoring and evaluation. In particular, all relevant information for consultation will be provided through two channels. Firstly, information will be disseminated to village leaders at their monthly meetings with leaders of commune’s people’s committees in order to be relayed to villagers in village meetings in a culturally appropriate manner and an accessibly language. Secondly, notices in an accessible language will be posted at commune’s people’s committees at least a week ahead of a planned consultative meeting. Such early notices ensure sufficient time to understand, assess and analyze information on the proposed activities. Active participation: The project’s activities and interventions will draw the active participation and guidance (formal and informal) of local leaders that are available in communities, such as heads of villages and extended family networks, and members of mediation panels. The community supervision board at the commune level will be engaged to closely monitor the participation standards of local institutions and officials in various project activities and interventions during the implementation of the project. Inputs/information used for monitoring 29 and evaluation will include the EM’s access to project information, their benefits from the received information etc.). By enabling participation of the relevant EM stakeholders during project planning, implementation, monitoring and evaluation, the project will ensure that they receive social and economic benefits that are culturally appropriate to them. In doing so, the project activities will contribute to transparency and efficiency efforts and development outcomes as a whole among the affected EM groups. Capacity will be built for those stakeholders to avoid the existing constraints in conducting local consulsations, such as one-way consultation, lack of information, rush time, and coercion. Recording and documentation: It is important that the information collected during the consultation process be recorded and kept carefully for analysis and reference. VII. An action plan of measures This action plan has been prepared on a basis of the socio-economic profile and the findings from consultations with the affected EM groups, as described above. The plan aims to ensure that the related EM groups receive social and economic benefits that are culturally appropriate. It includes measures to enhance the capacity of the project implementing agencies. Prior to the implementation of this EMDP, once the detailed design becomes available, more consultation will be conducted in a free, prior and informed manner with the related EM groups. Together with the RAP for Gia Lai, this EMDP will be updated to reflect consultation outcomes, and the related plan of measures. 7.1. Establishing a participatory community group and practicing participatory monitoring A participatory community group will be established among the affected EM groups at the commune level to receive feedback from agencies, organizations, and individuals that are affected by or related to project activities. The participatory community group will include representatives from the affected EM villages, both male and female, and from mass organizations, especially those from women’s unions and the fatherland front. The representatives from the affected EM villages will be selected with a transparent process, with the participation of representatives from all different groups within the community, such as village elders, young people and women. TS-PMU will organize regular meetings to receive comments from the participatory community group and set focus on the implementation of this EMDP as below: ï‚· What are the latest project activities in the community? ï‚· What benefits do the communities receive from these activities? ï‚· Have they received these benefits in a culturally appropriate manner? If not, why? How can these gaps be addressed? ï‚· Has consultation been conducted as suggested in the EMDP? ï‚· Is there any difficulty for the affected EM groups in understanding the language on communication facilities or during the meetings? How should public awareness activities be organized to overcome these difficulties? 30 ï‚· How can TS-PMU help the affected EM groups to access project information more efficiently and practically? ï‚· Are there any adverse impacts from migrant workers on local communities? ï‚· Are there any issues/activities that the affected EM groups remain unsatisfied with? Why? What measures do the communities propose to address these issues/activities? TS-PMU will engage with the community to understand their concerns so that they can focus the monitoring on easing the concerns they have identified. Through regular meetings with the affected EM groups, TS-PMU can learn what still dissatisfies their communities, even it may not be a direct impact of the project. By addressing this issue, TS-PMU can foster trust and goodwill with the community. Furthermore, if negative impacts are identified during the implementation process, TS-PMU will take responsibility to correct it, not trying to hide it or misguide the communities. Also, being open with information allows the community to propose creative solutions and ideas for the projects that impact their lives. In addition, during the project implementation, TS-PMU will coordinate with local mass organizations and NGOs to pass on as much “know howâ€? as possible. Knowledge is precious to these EM communities as it can open up the door for larger civic engagement and greater entrepreneurship. TS-PMU will provide training to local community members on community monitoring, turning them into ‘monitors’, with such knowledge of construction elements, erosion, water contamination, air pollution, aspects related to risks from influx of laborers in local areas, and much more. This knowledge empowers these monitors, many of them being women who later became leaders in their communities. 7.2. Organizing community meetings TS-PMU will organize meetings at each commune and village to respond to queries and clarify issues in accessible languages (relevant ethnic languages if needed). This activity will be deployed before and during the project implementation. TS-PMU will cooperate with the commune authorities and the participatory community groups to select persons who can support meetings and local organizations related. These people will come from the affected EM groups for communes with high rates of EMs. The selection will be transparent and highly participatory to include representatives from all different groups within the community, such as village elders, young people and women. The communication tools are described below in this section. Before a meeting, the heads from the affected EM groups will be involved in an orientation session. Forms, legal documents and communication materials used for meetings and public consultations in communes will be prepared and provided by TS-PMU. All of these documents will be prepared in an understandable manner, with clear messages and images, and will be translated into the relevant ethnic languages if necessary. Timing and venues of community meetings will be convenient for local people. 7.3. Enhancing community awareness 31 TS-PMU will coordinate with the local authorities, mass organizations and participatory community groups to organize awareness raising activities for the related EM groups in the project areas. The awareness raising activities will be incorporated into regular community meetings and other community events, with the use of the communication tools as described below in this section. On a basis of the community consultation, the issues to be raised during such activities will include but not be confined to the following: • Project activities; • Traffic safety; • The importance of the community consultation and participation in every stage of the project activities, from planning and preparation to implementation and monitoring and evaluation; • The role of community in monitoring project activities, and in operations and maintenance of the project works; • Gender issues (for example, as women take care of children, they need to be notified/warned of potential risks are inherent during the relocation of their houses); • Risks resulting from influx of laborers; • Domestic violence and sexual abuse; • HIV/AIDS and other communicable diseases; • Labor rights; • The importance of access to clean water and hygienic practices; • Management of household assets and spending; • Enhanced education opportunities for children to have better access to the labor market and income-generating opportunities; • Any other issues emerging during the project implementation. 7.4. Communication activities Although both Bahnar and Jarai have their own writings, many members of these groups are reportedly illiterate in both their own languages and Vietnamese. Similarly, members of the migrant groups (Tay, Nung, Thai and Muong) are illiterate in their own languages. Therefore, the use of written communication materials may not be effective in such communities. The project’s communication plan will take this reality into account. According to the consultation, a number of individuals and organizations may be more effective communication channels in the project areas, such as village elders, village heads, spiritual leaders, and mass organizations, particularly members of women’s unions and the fatherland front. The consultation showed that some of these channels may be available and/or stronger in some communities, but not in others. Therefore, during the implementation process, a decision on the use of one or another way or a combination of them will depend on a particular community, and will be made by TS-PMU to ensure the applicable ways will be the most effective and culturally acceptable to the related EM groups. In addition to conventional communication channels, such as community meetings, focus groups and loudspeakers, TS-PMU will prepare accessible audio-visual communication tools, such as video clips and DVDs in Vietnamese. Contents of communication will be reviewed carefully by TS-PMU to ensure they are culturally appropriate. Some contents of these materials 32 will be translated into the main ethnic groups, namely Bahnar and Jarai, for use during the implementation stage, if requested by the related community, for people that face language barriers. The communications materials will be archived at cultural houses or community centres for reference so that local residents can access them easily. In addition, TS-PMU will promote access to and sharing of project information to the related EM groups through disclosing project information directly related to the interests of the affected EM groups on the provincial webpage. Tailored support will be provided for the affected EM people who face difficulties in accessing the project information. Also, TS-PMU will cooperate with media services at various levels, such as local radios and TVs, to disseminate project information. 7.5. Training of local officials and other stakeholders An orientation workshop will be organized at the district level for officials and other stakeholders in the project who work with the affected EM communities so that they can have more understanding the latter’s cultures, customs and religions, and thus their working approach would be culturally appropriate and gender-sensitive. The workshop will be focused on: ï‚· special requirements of the EM peoples given their socio-economic and cultural profiles as described above in this EMDP. Due attention and support will be given to those who face language barriers; ï‚· the importance of public consultation with the EM communities; and ï‚· the knowledge and skills needed for working with the affected EM groups to achieve the objectives of this EMDP and, concurrently, to enhance the project management capacity for the relevant stakeholders. In addition, TS-PMU will organize a final conference to summarize and share lessons learned and best practices from the implementation of the project districts. 7.6. Facilitating access to credit As indicated in the consultations, the EM peoples in the affected communities expressed their wish to access credit to develop household production and businesses, such as food supply, cow raising, as well as coffee, cashew and rubber growing. The consultation also showed that local households do not have land use right certificates due to rather common illegal land transactions. Hence, support will be provided to local people in applying for land use right certificates to be used as collateral for bank loans. As a result, they will have more opportunities to take advantage of the better transportation to improve their livelihoods and living conditions. TS-PMU will conduct a needs assessment of the affected EM groups regarding the use of credit and identify a list of potential borrowers. These programs will be included in the existing credit programs in the project communes, not as part of any project components. Therefore, TS-PMU will coordinate with the relevant agencies, such as the Social Policy Bank, the Bank for Agriculture and Rural Development (AgriBank), local mass organizations and other stakeholders, to facilitate the provision of soft credit for the affected EM groups. In addition, it is important to 33 explore opportunities to link women to self-help groups and microfinance programs. Therefore, TS-PMU will provide the affected EM groups with relevant information on the existing local micro-credit programs, eligibility, and terms and conditions. Priority will be given to vulnerable households as defined by the project. 7.7. Building capacity for EM people The project will also focus heavily in providing training opportunities for EM people, especially women, to participate in the project activities so that they can grow and develop new skills, particularly technical and safety skills, to prepare themselves for the labor market. The reality has shown that when given an opportunity, these citizens can excel in performance. A variety of training needs were demonstrated at the consultation, such as extension training for growing coffee, pepper, and rubber, skills training for non-agricultural employment, and training on start-up business. TS-PMU will consider not only organization of training courses but also supply of some agricultural inputs, and help find outlets for those are interested in agriculture production. However, more careful assessment of training needs and labor market demand for both men and women will be conducted before the implementation process to ensure the effectiveness of training courses for local EM groups. Especially, training on start-up business for the EM households which plan to do business will be supported by the project. Courses will be designed to provide some start-up business skills and advice on efficient use of credits in their chosen businesses. TS-PMU will coordinate with consultants and other organizations to provide basic knowledge and skills on production and marketing. In addition, hands-on training (workshops) will be organized to present and showcase successful small private enterprises, including experiences and lessons learned from their business development. TS-PMU will support study visits to successful business models that may be suitable to the EM households so that they can see actual experiences regarding both opportunities and challenges. 7.8. Employment policies in favor of the EM groups The project will commit strong engagement with the local communities, including ï‚· priority to local hiring, especially those from the affected EM groups. The experiences around the world show that the local hiring program, combined with inclusive policies and empowerment programs, has been very effective in gaining the support and acceptance of the surrounding communities, allowing the project to proceed without any significant challenges. ï‚· actively promoting gender-inclusive policies for women to participate and benefit from the development process, in all stages, including the increased participation of women, especially those from the affected EM groups, in the construction workforce. The impacts of the gender-inclusive policies and initiatives will go beyond a worksite and are instrumental in helping women overcome barriers and gender-based stereotypes in surrounding communities. ï‚· priority to training and recruiting EM people, male and female alike. The project will work simultaneously on two key elements: education that will support the inclusion of 34 local EM people in the local labor market and changes in the recruiting language to emphasize equal opportunities for men and women, to remove traditional doubts about abilities of EM people, especially women. EM people, especially women, will be prioritized to work in the project if needed. 7.9. Promoting gender equality As gender is a cross-cutting theme, details of gender-sensitive activities are included in various discussions under this section, therefore are not repeated here to avoid overlapping. Participation and empowerment: It is essential to increase the participation of women, especially in the affected EM groups, in various project activities and interventions, such as information dissemination events, training courses, local support work, and participatory community groups. Importantly, they will be consulted in good faith throughout the project cycle, from the design to the evaluation steps to ensure their voices to be heard and paid due attention to. Although the Bahnar and Jarai groups follow the matrilineal system, there is a risk in practice that attendance of local Bahnar and Jarai women at information workshops and meetings may be low. Specific measures will therefore be necessary to enhance their current access to information and their associated engagement in the project activities. Efforts will be needed to arrange a location and time suitable for the participation of the related women, and additional promotional activities will also be necessary to maximize attendance by EM female household heads. The SA showed that Christian women usually attend religious rituals or group meetings during weekends. Awareness raising: Women will be made fully aware of potential impacts on their communities and households, particularly income generating activities, and as such propose measures that the project will do to avoid or minimize the impacts. It is important to raise awareness for women of their rights and benefits in joint husband-and-wife titling and use of land-use rights certificates for bank loans, lease and contributions to joint business, aspects related to risks from influx of laborers in local areas, their rights to access to the GRM and how to lodge their complaints when needs arise. Planning: It is recognized that engagement of and awareness raising for women, especially EM ones, is a time-consuming process which will be planned and phased effectively with clear and practical short-, medium- and long-term objectives to make various steps feasible, with lessons reviewed and learnt as well as plans revised after each phase. Capacity building: Training provided to local officials and stakeholders as well as project staff, who will work with EM groups, will take into account gender sensitivity. Training and job opportunities: As some EM households may change their jobs, i.e. households which depend on seasonal income – primarily from crops and/or fruit trees, counseling and training of new job skills for this group will be done with the capacity of men and women in mind to make training knowledge applicable, and the possibility of success with the new job will be enhanced. Further details of these activities are included in the discussion on job training and opportunities under this section. 35 Empowering and supporting EM women in the worksite: It is important to create job opportunities for EM women from the project. Especially, the consultation showed that for households that lose land or incomes as a result of the project, women may need employment to compensate for the lost incomes. For this purpose, it is necessary to assess women’s requirements for skills training to facilitate income restoration. According to the consultation, women also want jobs in construction sites. All contractors participating in civil works will be requested to inform TS-PMU of job opportunities appropriate for women in general, including those from EM groups, and TS-PMU will inform those in need. As women enter the project’s workforce, it is necessary to address traditional behaviors of gender-based violence, sexual harassment, work-life balance difficulties, and doubts about women’s physical resilience. The necessary actions include: ï‚· Implementing a “zero tolerance policyâ€? for sexual harassment: training on sexual harassment will be provided to all employees during induction and at additional sessions to reinforce the “zero toleranceâ€? policy. Women will be trained in their labor rights as well as aspects related to risks from influx of laborers in local areas; ï‚· Implementing a grievance mechanism that treats all harassment cases as “high riskâ€? and requiring immediate attention; and ï‚· Addressing gender-based violence in the communities, in alliance with the commune’s women’s unions. 7.10. Promoting education opportunities for EM children According to the SA, children from the affected EM communities, especially those from poorer households, face constraints in learning conditions. This would constrain their ability to take advantage of new opportunities from the project activities in the future. Therefore, TS-PMU will coordinate with local mass organizations in establishing study encouragement funds (with permanent impacts) or at least mobilizing resources (with ad-hoc impacts) to provide scholarships and education materials for EM children in the communities to encourage their continued schooling and improve their education outcomes. VIII. The grievance redress mechanism The grievance redress mechanism will be applied to persons or groups that are directly or indirectly affected by the project, as well as those that may have interests in a project and/or have the ability to influence its outcome -- either positively or negatively. The project will provide training and support to strengthen these existing structures for effectively and collectively dealing with possible grievances that may arise during the course of the project implementation. All complaints and grievances must be properly documented by TS-PMU, with copies being filed at commune and district levels. If the affected EM peoples are not satisfied with the process, and project activities, or any other issue, the EM themselves or village leaders can lodge their complaints through the existing GRM, i.e. to the CPC or to TS-PMU following the grievance redress mechanism established in the EMDP to be handled according to the existing laws. All grievances will be addressed promptly, and in way that is culturally appropriate to the affected EM peoples. All costs associated with EM’s complaints are exempt to EM complainants. TS-PMU and independent monitoring consultant are responsible for monitoring the progress of resolution of EMs’ complaints. All 36 cases of complaints must be recorded in TS-PMU’s project files, and be reviewed regularly by independent monitoring consultant. 8.1. Grievance redress procedure The grievance redress mechanism is established on the basis of Vietnam’s laws. The following steps can be taken by the complainants. However, the complainants maintain the right to resort to the courts at any time. 8.2. Grievance management and monitoring First Stage –Ward/Comnune People’s Committee (WPC): PAP may submit their complaint – either in written or verbal, to the office of the Ward/Commune People’s Committee. W/C PC will receive the complaints and will notify the W/C PC leaders of the complaint. The Chairman of the W/C PC will meet the complainant in person and will solve it within 15 days following the receipt of the complaint. Second Stage –City/District People’s Committee (C/DPC): After 15 days since the submission of the complaints, if the aggrieved person does not have any response from the W/C PC, or if the aggrieved person is not satisfied with the decision taken on his/her complaint, the PAP may take the case, either in written or verbal, to the Reception Unit of City/District People’s Committee. The City/District People’s Committee will have 30 days since the date of receipt of the complaint to resolve the case. The City/District People’s Committee will register all the complaints submitted and will inform the District Board for Compensation and Land Acquisition of the City/District PC’s resolution/assessment results. Aggrieved person may elevate the case to the Courts of Law if they wish. Third Stage – Provincial People’s Committee: After 30 days, if the aggrieved PAP does not hear from the City/District PC, or if the PAP is not satisfied with the decision taken on his/her complaint, the PAP may escalate the case, either in writing or verbal, provincial People’s Committee, or lodge an administrative case with the City/District People’s Court for resolution. The provincial PC will have 45 days to resolve the complaint to the satisfaction of all the concerned. The provincial PC secretariat is also responsible for registering all complaints that are submitted. Aggrieved person may elevate the case to the Courts of Law if they wish. Final Stage - Courts of Law: After 45 days following the submission of the complaint at provincial PC, if the aggrieved PAP does not hear from the provincial PC, or if PAP is not satisfied with the decision taken on his/her complaint, PAP may take the case to a Courts of Law for adjudication. Decision by the court will be the final decision. Decision on solving the complaints must be sent to the aggrieved PAPs and concerned parties, and must be posted at the office of the People’s Committee where the complaint is solved. After 3 days, the decision/result on resolution must be made available at ward level and after 7 days at the district level. ï‚· Grievance management City/District PC and Ward/Commune PC 37 City/District People’s Committee, and Ward/Commune PC will maintain a logbook for recording queries, suggestions and grievances of PAP. All complaints will be assessed and resolved in accordance with the a fair, timely and constructive manner. 8.3. Judicial recourse and customary dispute settlement mechanisms among local EMs The WB’s OP 4.10 suggests that it be necessary to propose ‘accessible procedures appropriate to the project to address grievances by the affected Indigenous Peoples' communities arising from project implementation. When designing the grievance procedures, the borrower takes into account the availability of judicial recourse and customary dispute settlement mechanisms among the Indigenous Peoples’. The consultation with the local authorities and local EM communities indicated a number of grassroots judicial recourse and customary dispute settlement mechanisms to raise and resolve grievances and conflicts. These informal ways are practical and culturally acceptable to the EM groups in the project areas, in particular: ï‚· village elders: the role of village elders in resolving informal grievances and conflicts remain strong and useful in some communities although it may have been weakened in others for various reasons; ï‚· village heads: In some communities where the role of village elders have been weakened, village heads may play a stronger role in resolving informal grievances and conflicts. In some cases, a village head may also be a village elder; ï‚· spiritual leaders: In Jarai and Bahnar communities with a large population of Christian followers, priests are believed to be influential and thus efficient in resolving informal grievances and conflicts among Christian followers; ï‚· respected persons: There is the presence of respected persons who are elected by local EM people in some communities; ï‚· village mediation panels: a village mediation panel may include the village head, elderly and a representative of the women’s union. They are also believed to play an important role in resolving informal grievances and conflicts in many communities; and ï‚· mass organizations: representatives from women’s unions and the fatherland front may be active in resolving informal grievances and conflicts in some communities. The consultation showed that some of these ways may be available and/or stronger in some communities, but not in others. Therefore, during the implementation process, a decision on the use of one or another way or a combination of them may depend on a particular community, and will be made by TS-PMU to ensure the applicable ways will be the most effective and culturally acceptable to the related EM groups. IX. Monitoring and evaluation The responsibility of overall monitoring rests with TS-PMU. Implementing the EMDP will be subject to external monitoring by a qualified consultant. The external independent monitoring consultant will be hired by TS-PMU. This service will be integrated into the contract for independent monitoring of the implementation of the RAP. To an possible extent, TS-PMU will disaggregate the M&E data which are related to project activities by ethnicity, poverty/near- poverty status, and gender. 38 The monitoring and evaluation mechanisms will include arrangements for FPIC with the affected EM groups. The monitoring system of the project will be formulated to survey the acceptance/satisfaction of communities on project activities. All the main result indicators which are related to measures in this framework will be detached and compared to report on the project progress in key districts. The monitoring indicators will be provided for the Provincial Committee for EM Affairs. The periodic reports of TS-PMU (quarterly) will include the situation of implementing the action plan of the EMDP, with a clearly account of performed activities related to the EMDP in the project areas; and comments of the EM groups that are related to the project implementation in Gia Lai and the next plan for the project. The supervision of the TS-PMU and the WB’s mission will be implemented with higher frequency in the districts which have many EM people. In the final year of the project, a quantitative impact assessment related to the identified risks will be conducted to assess the EMDP implementation. 9.1. Internal monitoring Responsible agency. TS-PMU under the Ministry of Transport (MoT) will be responsible for internal monitoring of the EMDP. Monitoring reports will be submitted to the WB for review and comments. Suggested indicators for internal M&E The indicators below are suggested. On a basis of actual conditions, TS-PMU will select some of them for internal M&E of the activities proposed in this EMDP. Internal reports will be submitted to the Bank for review and comments on a quarterly basis. In particular: ï‚· Consultation with and participation of the affected EM people are culturally appropriate during project implementation (number of consultations events and documentation provided); ï‚· The presence of representatives of all related EM groups, including women, in public consultations and group discussions during the EMDP updating and implementing process; ï‚· Implementation of information disclosure and community consultation (number of events documented and reported); ï‚· Determine if complaint procedures are followed and propose solutions if there are pending issues (grievance redress mechanism on-going documentation and reports issued). 9.2. External monitoring Responsible agency. An independent monitoring consultant (IMC) will be contracted to monitor the implementation of social safeguards documents, including this EMDP. Monitoring reports will be submitted to the WB for review and comments. External monitoring will be conducted 39 twice a year during the implementation of the project to timely identify issues that might need immediate action from TS-PMU. Suggested indicators of external monitoring The indicators below are suggested. On a basis of actual conditions, TS-PMU will select some of them for external monitoring of the activities proposed in this EMDP. External reports will be submitted to the Bank for review and comments when available. In particular: ï‚· The establishment of the participatory community group; ï‚· The enhancement of awareness of project benefits amongst the affected EM communities; ï‚· Availability of adequate budget for training; ï‚· Public consultation (number of consultations; composition of participants by ethnicity and gender); ï‚· Level of satisfaction of the affected EM people with the provisions and implementation of the EMDP; ï‚· Grievance redress mechanism (documentation, process, resolution); ï‚· Participation of the affected EM people in planning, updating and implementing this EMDP; ï‚· The presence of both EM men and women in the participatory community group; and ï‚· The rate of EM women’s attendance in training sessions and communication events (for example, 100% of severely affected EM households who confirm their need for job counseling/training/job introduction will be invited to consultation session(s) with participation of women representing these households). X. The implementation arrangements TS-PMU under the Ministry of Transport (MoT) has the overall responsibility for the overall implementation of this EMDP. TS-PMU will assign a qualified member of staff to work on social and community participation issues in the project. S/he will support the local authorities with preparing materials in the implementation of the EMDP and in monitoring progress. S/he will ensure that the EMDP is implemented and delivered as per work plan and quality. Gia Lai’s Provincial People’s Committee will establish a Project Steering Board which, on behalf of the CPMU, will provide guidance to project districts to implement the EMDP. The Project Steering Board will consult the local authorities, heads of village and participatory community groups to formulate the plan, the periodic schedule time consistent with the conditions of the affected EM groups. The Provincial Committee for EM Affairs has legal capacity to implement the policies and programs on EMs. They will be consulted on issues related to the EM communities during project implementation. The District’s People’s Committee will establish a Council for Site Clearance which will also be responsible for the implementation of EMDP activities within the districts. The Council will include representatives from the project commune’s people’s committees and a member who has good knowledge of the EM groups relating to this EMDP. 40 The Commune’s People’s Committee will provide support to the District Council for Site Clearance in implementing the EMDP activities at the commune level. The commune and village authorities will announce the plan and schedule so that people know and utilize services under the EMDP when needed. The project will maintain close engagement with the affected EM groups to ensure they receive benefits in a cultural appropriate manner. In addition, the project will promote activities by local mass organizations, such as the youths’ unions, women’s unions and local civil society organizations to involve the affected EM groups in community work. These organizations can add value to information transparency efforts in the EM communities through introduction of more participatory planning processes, and capacity development, among other areas. Especially, project volunteers for communication work will be encouraged to be recruited from local mass organizations, especially the women’s unions. XI. Disclosure of information The WB requires that sufficient information about project’s potential risks and impacts be made available to the affected project people - in a form and language that is understandable to project affected people and project’s stakeholders, and in an accessible place and in a timely manner, enable affected peoples to provide meaningful feedback for project design and mitigation measures. This EMDP was disclosed in English on Bank’s website on March 1, 2017 and locally in Vietnamese on February 28, 2017. XII. Budgeting 12.1. Budget source The budget for the implementation of this EMDP comes from the counterpart funds. MoT will allocate and provide funds sufficiently and timely to ensure that this EMDP will be implemented successfully. 12.2. Cost estimation Table 4: Cost estimates for the proposed activities in the EMDP No. Description Unit Quantity Unit cost Amount (VND) (VND) 1 Establishing a participatory community group and 0 practicing participatory monitoring 2 Training to local community Incorporated in members on community other community monitoring trainings 3 Organizing community Incorporated in 41 meetings other community meetings 4 Enhancing community’s Incorporated in awareness community meetings and events 5 Communication activities District 7 20,000,000 140,000,000 6 Training of local officials and 100,000,000 stakeholders Orientation workshop Workshop 1 50,000,000 50,000,000 Final workshop Workshop 1 50,000,000 50,000,000 7 Facilitating access to credit District 7 10,000,000 70,000,000 8 Building capacity for EM 3 course groups per Course 10,000,00 210,000,000 district x 7 district 9 Employment policies in favor Model of EM groups 10 Promoting gender equality Incorporated in various activities 11 Promoting education opportunities for EM Scholarship 200 500,000 100,000,000 children An Khe town Scholarship 2 500,000 1,000,000 Dak Po district Scholarship 3 500,000 1,500,000 Mang Yang district Scholarship 10 500,000 5,000,000 Dak Doa district Scholarship 60 500,000 40,000,000 Pleiku city Scholarship 5 500,000 2,500,000 Chu Prong district Scholarship 20 500,000 10,000,000 Duc Co district Scholarship 100 500,000 40,000,000 12 Contingency (20% of 124,000,000 1+2+3+…+9+10) Total 744,000,000 42 Annex 1: A sample minute of consultation Below is a minute of the consultation with the Bahnar people in AdÆ¡k commune, Dak Doa district. The consultation was conducted at the commune’s people’s committee on December 20, 2016. 43 44 45 46 Annex 2: The participants in consultations Table 5: A breakdown of the participants in consultations Stakeholders Organizations The public Rep from Rep EM Local economic and from Kin Sites Total Total Men Women Poor authorities other related h organizations agencies Bahnar Thai Jarai Tay Nung Muong An Khe 45 92 59 27 80 02 02 8 05 Town Song An 11 06 05 17 12 05 15 02 commune An Binh 10 05 05 21 16 05 20 01 01 ward Thanh An 11 06 05 31 20 11 23 01 07 04 commune Ngo May 07 03 04 10 04 06 09 01 ward An Phuoc 06 02 04 13 13 13 ward Dak Po 07 23 20 03 23 02 47 Stakeholders Organizations The public Rep from Rep EM Local economic and from Kin Sites Total Total Men Women Poor authorities other related h organizations agencies Bahnar Thai Jarai Tay Nung Muong Cu An 07 02 05 23 20 03 23 02 commune Mang Yang 06 27 17 10 15 10 01 01 District Dak Djrang 06 02 04 27 17 10 15 10 01 01 commune Dak Doa 37 260 193 67 47 148 56 07 15 District A Dok 08 04 04 37 22 15 05 32 commune Ia Bang 06 02 04 59 42 17 16 01 42 06 commune Tan Binh 05 02 03 37 25 12 06 30 01 commune Glar 06 02 04 32 30 02 32 05 commune K’Dang 06 02 04 53 44 09 10 25 14 04 04 commune 48 Stakeholders Organizations The public Rep from Rep EM Local economic and from Kin Sites Total Total Men Women Poor authorities other related h organizations agencies Bahnar Thai Jarai Tay Nung Muong Dak Doa 06 02 04 42 30 12 10 28 02 02 town Pleiku city 10 68 56 12 10 11 45 Chu A 06 03 03 39 30 9 5 10 22 commune An Phu 04 01 03 29 26 03 05 01 23 commune Chu Prong 11 43 36 07 05 36 02 district Bau Can 06 02 04 19 14 05 02 15 02 commune Binh Giao 05 02 03 24 22 02 03 21 commune Duc Co 16 134 88 46 40 87 01 06 03 district Ia Krel 05 02 03 57 41 16 16 34 01 06 03 commune 49 Stakeholders Organizations The public Rep from Rep EM Local economic and from Kin Sites Total Total Men Women Poor authorities other related h organizations agencies Bahnar Thai Jarai Tay Nung Muong Ia Kla 04 02 02 38 26 12 13 25 commune Ia Dom 07 03 04 39 21 18 11 28 commune 50 Annex 3: The provincial population in Gia Lai Table 6: The breakdown of the provincial population in Gia Lai by ethnicity and poverty status Indicators 2010 2012 2013 2014 2015 Number of households 288.141 301.283 309.942 316.286 Number of EM households 130.858 122.297 124.105 128.423 Number of Kinh households 157.283 178.986 185.837 187.863 Number of poor households 79.417 60.048 53.389 44.146 36.919 Poverty rates (%) (hh) 27.5 19.9 17.23 13.96 Number of poor Kinh households 16.550 10.424 9.156 6.759 5169 Poverty rates among Kinh population (hh) 20,8 17,4 17,15 15,3 14 Number of Kinh poor EM households 62.867 49.624 44.233 37.405 Poverty rates among EM population (hh) 48.0 40.6 35.64 29.13 EM rate among the poor population (hh) 79.2 82.6 82.85 84.7 86 Source: UNICEF, 2015 and Gia Lai, 2016 51