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Indigenous Peoples Plan Project Number: 42203-022 Grant Number: 0235-LAO January 2015 Lao Peoples Democratic Republic: Northern Rural Infrastructure Development Sector Project Prepared by the Ministry of Agriculture and Forestry for the Asian Development Bank. This indigenous peoples plan is a document of the borrower. The views expressed herein do not necessarily represent those of ADB’s Board of Directors, Management, or staff, and may be preliminary in nature. Your attention is directed to the ‘term of use’ section of this website. In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area.

Indigenous Peoples Plan - Asian Development Bank indigenous peoples plan is a document of the borrower. ... Topics . Page . ... Ban Haad Sa is a very old village,

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Indigenous Peoples Plan

Project Number: 42203-022 Grant Number: 0235-LAO January 2015

Lao People’s Democratic Republic: Northern Rural

Infrastructure Development Sector Project

Prepared by the Ministry of Agriculture and Forestry for the Asian Development Bank.

This indigenous peoples plan is a document of the borrower. The views expressed herein do not

necessarily represent those of ADB’s Board of Directors, Management, or staff, and may be

preliminary in nature. Your attention is directed to the ‘term of use’ section of this website.

In preparing any country program or strategy, financing any project, or by making any

designation of or reference to a particular territory or geographic area in this document, the

Asian Development Bank does not intend to make any judgments as to the legal or other status

of any territory or area.

Annex-10 Ethnic Groups Development Plan Houay Sa II Irrigation Subproject

Project Consultation Meeting with Women

Ban Haad Sa, Paktha district.

Northern Rural Infrastructure Development Sector Project Annex 10 Feasibility Study on Houay Sa II Irrigation Subproject, Paktha District, Bokeo Province

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TABLE OF CONTENTS

Topics Page

LIST OF ABBREVIATIONS AND TERMS v

EXECUTIVE SUMMARY A10-1

A. Introduction A10-1

B. The Houay Sa II Irrigation Subproject A10-2

C. Ethnic Groups in the Subproject Areas A10-2

D. Socio-Economic Status A10-3

a. Land Issues A10-3

b. Language Issues A10-3

c. Gender Issues A10-4

d. Social Health Issues A10-4

E. Potential Benefits and Negative Impacts of the Subproject A10-5

F. Consultation and Disclosure A10-6

G. Monitoring A10-6

1. BACKGROUND INFORMATION A10-7

1.1 Objectives of the Ethnic Groups Development Plan A10-7

1.2 The Northern Rural Infrastructure Development Sector Project (NRIDSP) A10-7

1.3 The Houay Sa II Irrigation Subproject A10-7

2. LEGAL FRAMEWORK A10-9

2.1 Ethnic Groups in Lao PDR A10-9

2.2 Ethnic Groups and Development: Policy Context A10-10

2.3 ADB Safeguards for Indigenous Peoples A10-11

2.4 Indigenous Peoples Planning Framework (IPPF) for NRIDSP 2000 A10-11

3. SOCIAL IMPACT ASSESSMENT A10-12

3.1 Ethnic Groups in Subproject Areas A10-12

3.2 Socio-Economic Status A10-14

3.2.1 Land A10-14

Northern Rural Infrastructure Development Sector Project Annex 9 Feasibility Study on Houay Sa II Irrigation Subproject

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3.2.2 Language A10-15

3.2.3 Gender A10-15

3.2.4 Health and Hygiene A10-16

3.2.5 Social Impact and Inequality A10-17

3.2.6 Social Benefits A10-17

3.2.7 Expected Sustainable Outcomes A10-18

4. BENEFICIAL AND MITIGATING MEASURES A10-19

5. INFORMATION DISCLOSURE, CONSULTATION AND PARTICIPATION A10-22

6. COMPLAINTS AND GRIEVANCE REDRESS MECHANISM A10-24

7. INSTITUTIONAL ARRANGEMENT A10-25

8. BUDGET AND FINANCING PLAN A10-26

9. MONITORING A10-26

9.1 Internal Monitoring A10-26

9.2 External Monitoring A10-26

TABLES

Table A10-1. List of Ethnic Groups by Ethno-Linguistic Group in Lao PDR A10-10

Table A10-2. Ethnic Groups in Subproject Areas A10-12

Table A10-3. Ethnic Groups Population in Houay Sa II Subproject A10-14

Table A10-4. Subproject Intervention Strategies A10-19

Table A10-5. Consultation, Participation and Disclosure A10-23

FIGURES

Figure A10-1. Location Map of NRIDSP Subprojects A10-iii

Figure A10-2. The Houay Sa II Irrigation Subproject A10-iv

Northern Rural Infrastructure Development Sector Project Annex 10 Feasibility Study on Houay Sa II Irrigation Subproject, Paktha District, Bokeo Province

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Figure A10-1. Location Map of NRIDSP Subprojects

Northern Rural Infrastructure Development Sector Project Annex 9 Feasibility Study on Houay Sa II Irrigation Subproject

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Figure A10-2. The Houay Sa II Irrigation Subproject

Northern Rural Infrastructure Development Sector Project Annex 10 Feasibility Study on Houay Sa II Irrigation Subproject, Paktha District, Bokeo Province

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List of Abbreviation and Terms

ADB : Asian Development Bank Chaokok - Chaolau : A village elder that plays lead role in addressing grievances, a

traditional grievance mechanism. DAFO : District Agriculture and Forestry Office DCO : District Coordination Office DOP : Department of Planning EA : Executing Agency EGDP : Ethnic Group Development Plan EIA : Environmental Impact Assessment EMP : Environmental Management Plan Farmers : In this report, means people or households owning and/or

cultivating agricultural lands (irrigated and non-irrigated) FS : Feasibility Study FPG : Farmers’ production Groups GAP : Gender Action Plan GOL : Government of Lao PDR HH : Household IA : Implementing Agency IEE : Initial Environmental Examination IPP : Indigenous Peoples Plan ISF : Irrigation Service Fee Lao PDR : Lao People’s Democratic Republic LACR Land Acquisition and Compensation Report LFNC : Lao Front for National Construction LWU : Lao Women’s Union MAF : Ministry of Agriculture and Forestry MOM : Management, Operation and Maintenance NRI or NRIDSP : Northern Rural Infrastructure Development Sector Project NSC : National Steering Committee NPMO : National Project Management Office O&M : Operation and Maintenance PAFO : Provincial Agriculture Forestry Office PPO : Provincial Project Office SIA : Social Impact Assessment SIR : Subproject Investment Report Villagers : Refers to people residing in a village in general. “Consulted

villagers” in this report means representatives of village authorities, LWU, LFNC, youth, men, women and ethnic groups

WUA : Water User Association WUG : Water User Group

Northern Rural Infrastructure Development Sector Project Annex 10 Feasibility Study on Houay Sa II Irrigation Subproject, Paktha District, Bokeo Province

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EXECUTIVE SUMMARY A. Introduction 1. This Ethnic Groups Development Plan (EGDP) is prepared for the Houay Sa II Irrigation Subproject located in Paktha District, Bokeo Province under the Northern Rural Infrastructure Development Sector Project (NRIDSP). The EGDP is prepared in accordance with the Lao PDR Constitution, relevant laws and policies, the ADB’s Safeguards Policy Statement (SPS) 2009 and the Indigenous People Planning Framework (2000) developed for NRIDSP. Sources of data and information for the EGDP include: i) Annex 7 – Social Impact Assessment of the Feasibility Study Report for the Subproject; ii) Annex 8 – Initial Environmental Assessment of the Feasibility Study Report for the Subproject; iii) Annex 9 – Land Acquisition and Compensation Report of the Feasibility Study Report for the Subproject; and (iv) the Rapid Social Assessment for ethnic groups in the subproject area conducted on July 2014. 2. The EGDP also considers limitations within the scope of the NRIDSP. The NRI main aim is to provide the rural community with access and participation in the market economy. This is envisioned to be realized by increasing incremental production in saleable commodities and promotion of agricultural productivity. NRI has four main outputs: (i) production and productivity enhancing rural infrastructure (mainly existing irrigation systems) constructed and/or rehabilitated; (ii) productivity and impact enhancing initiatives adopted; (iii) capacities of national, provincial and district agencies strengthened to enable a sector development approach; and (iv) efficient and effective delivery of subprojects and project management

3. The Houay Sa II was selected from the list of eligible subprojects identified during the project PPTA based on the district priorities and as approved by ADB. The subproject will involve the rehabilitation and improvement of an existing irrigation system and the farms within the subproject coverage are existing irrigated and rainfed lowland farms which are owned or under cultivation by existing HHs. The NRIDSP does not include in its scope land redistribution and hence, the direct beneficiaries of the subprojects will be limited to HHs/ethnic groups currently cultivating/owning the lands under irrigation and the irrigation expansion areas. 4. The Plan emphasizes a specific action plan for the Houay Sa II Irrigation Subproject in order to: (i) address appropriate requirements for, including consultations with, the affected ethnic groups in the subproject areas; (ii) ensure that the benefits are culturally appropriate and equally distributed by the subproject for the ethnic groups; (iii) avoid potentially adverse impacts on ethnic groups; (iv) minimize, mitigate or compensate for such effects when they cannot be avoided; (v) provide implementation measures to strengthen social, legal and technical capabilities of government institutions in addressing ethnic group issues; and (vi) specify monitoring and evaluation of the EGDP implementation.

5. The EGDP will be implemented in synergy with the project’s Gender Action Plan (GAP), which addresses women’s participation in the project to ensure that gender equality measures reach women in ethnic groups in the subproject areas.

6. The series of consultations and meetings conducted for the feasibility stage of the subproject revealed that the proposed subproject is supported by the people/ethnic groups within the subproject coverage. The subproject will not be associated with any negative impacts to ethnic groups. It will not require land acquisition because it involves rehabilitation and improvement of existing irrigation facilities and structures. There is no physical relocation or associated form of removal of assets along the irrigation channels. Furthermore, the subproject will not affect or interfere with the ethnic groups’ way of using land and natural resources and their indigenous knowledge.

Northern Rural Infrastructure Development Sector Project Annex 10 Feasibility Study on Houay Sa II Irrigation Subproject, Paktha District, Bokeo Province

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B. The Houay Sa II Irrigation Subproject 7. The Houay Sa (II) Subproject is located in Paktha District, Bokeo province. The subproject will benefit the village of Ban Haad Sa, located on the western bank of the Mekong River. From Paktha District Center, the village can be reached through a 25 km land drive on difficult road or 30-minute speed boat ride across the Mekong River. The road to Paktha District is passable only during the dry season. It is almost impossible for transport during the wet season. All year round transport is offered by the Mekong River through boat.

8. Ban Haad Sa is a very old village, reported to have been established in around 1773. The 317 HHs in the village are composed of 202 (64%) Lue ethnic group HHs, 90 (28%) Khmu ethnic group HHs and 25 (8%) of Hmong ethnic group HHs.

9. The proposed irrigation development plan is focused on the improvement of the existing Phang Deua wooden weir, located upstream of Houay Sa. The planned works include: i) construction of a new concrete weir, ii) improvement of the existing canals, iii) construction of a new earth canal, and iv) construction and/or improvement of appurtenant irrigation facilities and structures. The weir construction includes: i) construction of a KKU Type concrete weir to replace the existing Pang Deua wooden/stone weir, and ii) installation of intake and sluice gates. The improvement of the existing canals includes: i) concrete lining of MC (1,200 m out of total length of 2,500 m); ii) improvement of earth MC and MC1 (1,300 m of MC, and 1,500 m of MC1); iii) extension of the existing earth canal (MC2) for a new extension area of 28 ha with a length of 1,125 m; and iv) construction of canal related structures such as drainage interceptor, farm turnout, flume stream crossing flume, road crossing and drop structure. 10. Besides the irrigation improvement, productivity and impact enhancement initiatives will be delivered for the Subproject. These initiatives will comprise of compulsory and optional initiatives. The compulsory initiatives will include: (i) support for WUGs established to operate and maintain the rehabilitated facilities; and (ii) water catchments identification and zoning. Optional initiatives will be further discussed with the beneficiary villages during detailed design stage and could be selected from assistance on crop production technology, post-harvest handling, processing and the development of market linkages.

C. Ethnic Groups in the Subproject Areas 11. Bokeo province has a great diversity of ethnic groups and languages. According to the official classification by the Provincial Cabinet Office, Province Lao Front for National Construction (LFNC), there are 13 distinct ethnic groups in the province. The major ethno-linguistic group in Bokeo Province is Lao-Tai, 41% of the total HHs, which include ethnic groups of Lao (18%), Tai (2%), Leu (17%), Nhuane (4%) and Tai Neua (less than 1%). Mone-Khmer Ethno-Linguistic Group is the second largest population at about 34%, which includes ethnic groups of Khmu (23%), Lamed/Lameet (10%) and Samtao (2%). Hmong-Iumien Ethno-Linguistic Group is 16%, composed of Hmong (14%) and Iumien (2%). Tibeto-Chinese Ethno-Linguistic Group is about 9%, composed of Akha or Ko (1%), Phounoi (1%) and Lahou (7%). 12. There are five (5) ethnic groups in Paktha District. Two (2) ethnic groups belong to the dominant Lao-Tai Ethno-Linguistic Group (Lao and Lue), one (1) Mone-Khmer Ethno-Linguistic Group (Khmu) and two (2) Hmong-Iumien Ethno-Linguistic Group (Hmong and Iumien). The biggest ethnic group population in Paktha is the Khmu ethnic group at about 31%. The second largest population are the Hmong ethnic group at about 27%, Leu 21%, Lao 20%; and the smallest population belong to Iumien ethnic group at a little more than1%.

13. Based on the results of the Socio-Economic Survey conducted in September to October 2013 and the RSA done in July 2014, there are 3 ethnic groups living in Ban Haad

Northern Rural Infrastructure Development Sector Project Annex 10 Feasibility Study on Houay Sa II Irrigation Subproject, Paktha District, Bokeo Province

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Sa, the lone beneficiary village of Houay Sa II Irrigation Subproject. The 3 ethnic groups are composed of 202 (64%) Lue ethnic group HHs, 90 (28%) Khmu ethnic group HHs and 25 (8%) Hmong ethnic group HHs.

D. Socio-Economic Status 14. As mentioned earlier Ban Haad Sa has 317 HHs and a population of 1,674. Based on the socio-economic survey1 conducted in October 2013, 48% (43 HHs) of the Khmu HHs, 40% (15 HHs) of the Hmong HHs and 8% (16 HHs) of the Lue HHs are poor. On rice sufficiency, 96% of Hmong HHs, 90% of Lue HHs and 38% of Khmu HHs are rice sufficient. 15. All of the ethnic groups are involved in agriculture being the main source of livelihood in the area, as well as collection and sales of non-timber forest products (NTFP). The Lue ethnic groups are mainly engaged in lowland agriculture while the Khmu and Hmong ethnic groups are cultivating upland farms and less lowland area compared to the Lue ethnic group. The Khmu are also involved in on-farm and off-farm labor. Small businesses/shops and trading are dominated by the Lue ethnic group.

a. Land Issues 16. There is an existing 85.88 has. irrigated lowlands and 48.30 hectares rainfed lowland for possible irrigation expansion. Only 95 HHs (30%) are current beneficiaries of irrigation, composed of 87 Lue HHs, 5 Khmu HHs and 3 Hmong HHs. Most of the subproject’s direct beneficiaries are Lue ethnic group HHs who belong to the dominant Lao-Tai ethno-linguistic group. Other HHs are involved in cultivating lands described as uplands, home gardens, timber tree lands, fruit tree lands and rubber tree farms. 17. The subproject will not in any way interfere nor affect land ownership or the right of land cultivation of people/ethnic groups in the area. Instead, it will encourage increase activities on land cultivation with the expected improvement in water availability due to the rehabilitation and improvement of the existing irrigation system. 18. Land ownership document in the area is generally Land Tax Certificate (LTC) which is reported to be in the name of both spouses in some cases and in the name of only the husband in some cases. The LTCs are recognized by the village, district and provincial authorities for the security of tenure on the land being cultivated by a HH. Land titling (ownership) is now recognized and approved by the Lao Government in the name of both spouses.

19. The HHs who will not directly benefit from irrigation will benefit from planned NRI optional initiatives such as training on crop production technology, training on marketing, promotion of crop diversification through demo farms, catchment zoning and village land-use planning to ensure sustainability by limiting the extent of siltation at the weir sites, and resourcing existing technical extension services to introduce modern production technologies liked increasing agricultural productivity, developing new products, improving marketing and adding value to farmers’ products.2 They will initially benefit from labor during subproject construction and during O&M stage from the increased agricultural labor demand due to intensive farming as a result of irrigation rehabilitation and improvement.

b. Language Issues 20. The reported average adult literacy (reading and writing in the Lao national language) in the area is 59%. Literacy is lowest among the Khmu and Hmong population at 40% and 1 Annex 7 – Social Impact Assessment, Houay Sa II Irrigation Subproject Feasibility Study Report 2 Annex 3 (Present Agriculture and Agricultural Development Pan) and Annex 4 (Associated Initiatives) of Houay

Sa II Irrigation Subproject Feasibility Study Report

Northern Rural Infrastructure Development Sector Project Annex 10 Feasibility Study on Houay Sa II Irrigation Subproject, Paktha District, Bokeo Province

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44%, respectively. Lue literacy rate is highest at 72%. The Lue ethnic group can speak the Lao national language. 21. The Lue ethnic group speak Lue language which is very similar to the Lao national language with difference in pronunciation. Most of the Lue understand and speak Lao. The Khmu and Hmong have their own distinct languages/dialects which are different from the Lao national language but many of the population of these ethnic groups within the area can also speak the Lao national language as they had been living with the Lue ethnic group in Ban Haad Sa for quite a time. However, to ensure that the Khmu and Hmong ethnic groups are not left out during subproject activities involving oral and written communication, such as subproject information dissemination, orientations, consultations, focus group discussions, meetings, trainings and workshops, interpreters or project staff who can speak the Khmu and Hmong languages should be deployed during such forums.

c. Gender Issues 22. Women’s voice and participation has steadily advanced in Lao PDR. Women’s rights are recognized in the legal system, and women’s political representation in the National Assembly has grown nearly 20% since 1990. It is now the highest in the region. However, this has not filtered down to the provincial and local levels where significant gender gaps in representation persist, despite the efforts of the Lao Women’s Union (LWU) in reaching out to women at the national to village levels3. 23. The SIA results4 done for the subproject in October 2013 show that the Leadership of the Village Administration, the Lao National Front for Construction (LNFC), the Lao Youth Union (LYU), Village Security and Army Units are dominated by men except that of the Lao Women Union being an organization for women. Women are represented by the Head of the Lao Women Union in Village Administration meetings. Observations show that men dominate discussions.

24. For all the ethnic groups, men are seen to be the dominant figure at home. This is prominent in the Hmong culture which consists of a dominant hierarchy within the family. Males hold dominance over females and thus, a father is considered the head in each household.

25. The results of a study5 conducted in Luang Prabang on Khmu women show that they experience barriers to participation in project activities. The barriers include language; education; cultural norms; health issues; workload; resettlement; poverty; low self-esteem; staff and project approach; the village administrative structure; fewer opportunities with development projects; and limited formal access and control over assets.

26. The SIA conducted in October shows that women perform significant roles at home, in agriculture production and in decision-making. This highlights the need of promoting awareness on the importance and significance of the roles of women to all genders through Gender Awareness Training/Workshop to promote their participation and involvement in community development activities such as the subproject.

d. Social Health Issues

27. The village has a domestic water supply and dispensary/clinic. The District Hospital is located in Paktha District. All HHs have sanitary latrines. There are no reported serious

3 Country Gender Assessment for Lao PDR – Reducing Vulnerability and Increasing Opportunity, World Bank,

2012 4 Annex 7 – Social Impact Assessment, Houay Sa II Irrigation Subproject Feasibility Study Report. 5 Women's Participation in Community Development Projects: The Case of Khmu Women in Laos, Thesis on

Master of Applied Science, Vixathep K., Lincoln University

Northern Rural Infrastructure Development Sector Project Annex 10 Feasibility Study on Houay Sa II Irrigation Subproject, Paktha District, Bokeo Province

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problem on health and sanitation. 28. The construction of the subproject may bring about health hazards such as: (i) dust and noise pollution; (ii) danger from construction material storage and construction sites; and (iii) construction and workers’ waste disposal/management. These, however, are temporary in nature, and mitigation measures are included in the Environmental Management Plan (EMP) developed for the subproject included in Annex 8 – Initial Environmental Examination of the Feasibility Study Report for the subproject.

29. During the Operation and Maintenance (O&M) stage of the subproject, potential health hazard may result from the effects of intensified use of chemical fertilizers and pesticides. However, these can be minimized, if not eliminated through the timely and correct implementation of the proposed measures contained in the EMP mentioned above. E. Potential Benefits and Negative Impacts of the Subproject

30. The subproject promotes the enhancement of agricultural production and aims to equitably distribute benefits within the subproject’s coverage while ensuring the active participation of ethnic groups, including women. It is expected to bring about the following positive benefits to ethnic groups:

(i) Increase household income and hence, reduce poverty;

(ii) Improvement of the economic conditions of beneficiary households due to: a) improved irrigation water availability in irrigated areas; b) increase in irrigated area in both season; c) increase rice yield and production; d) promote production of high value crops during the dry season; and e) increase in income;

(iii) Generate additional demand for hired labor due to increase in agricultural activities in the area for two seasons;

(iv) Promote a more active economy for the villages due to increased production of rice and other crops, increased household income, potential commercialization of rice surplus and high value crops, and demand for production inputs;

(v) Savings in labor, time and local materials for the beneficiary households from the frequent repair of the indigenous weirs particularly during the wet season; and

(vi) Increased empowerment of ethnic groups and women through their representation in the WUG/WUA, FPGs and other village committees, and involvement in subproject activities; and

(vii) Improved cooperation and social cohesion among ethnic groups due to equal opportunities in representation and participation in the WUG/WUA, FPGs and other committees that will be established through the subproject, as well as in subproject activities.

31. Besides the irrigation improvement, productivity and impact enhancement initiatives will be delivered for the Subproject that will benefit not only irrigated ethnic group HHs but also non-irrigated ethnic group HHs. These initiatives will comprise of compulsory and optional initiatives. The compulsory initiatives will include: (i) support for WUGs established to operate and maintain the rehabilitated facilities; and (ii) water catchments identification and zoning. Optional initiatives will be further discussed with the beneficiaries during detailed design stage and could be selected from agriculture production technology, post-harvest handling, processing and the development of market linkages.

Northern Rural Infrastructure Development Sector Project Annex 10 Feasibility Study on Houay Sa II Irrigation Subproject, Paktha District, Bokeo Province

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32. Additional indirect impact of the subproject is the labor generation due to increase of agriculture production activities, such as, labor for land preparation, planting/transplanting and harvesting of crops which will offer alternative source of income for poor ethnic group HHs.

33. Initial assessment on resettlement issues show that the subproject does not require acquisition of lands for right-of-ways nor will impact on crops/trees and existing permanent structures.

34. Potential impact on the environment may be brought about by the construction activities such as noise and dust pollution as well as hazard from construction waste materials. Also, during the irrigation operation and maintenance phase, there is potential on increase on the use of agricultural chemicals due to more active agricultural production as a result of irrigation improvement. However, mitigation measures for these impacts are prescribed in the Environmental Management Plan (EMP) for the subproject as contained in Annex 8 – Initial Environmental Examination of the Feasibility Study Report for the Subproject.

F. Consultation and Disclosure

35. Initial consultations and information disclosure had already been done during the feasibility stage of the subproject. These involved social impact assessment, initial environmental examination, irrigation system pre-engineering evaluation and land acquisition and compensation. Furthermore, the subproject will ensure that continued consultations with men, women and ethnic groups are conducted at various stages of subproject implementation. Such will continue during the detailed engineering stage, construction stage and the operation and maintenance (O&M) stage. Consultations will be done in the local ethnic group’s language using interpreters to translate from Lao to the ethnic group’s language. The subproject will ensure equal participation of men and women, and where information is needed for specific purposes rather than providing general information, separate discussions for women and men will be conducted as women are often reluctant to participate in mixed group settings. Furthermore, the subproject will ensure that training and other capacity building activities are conducted in the ethnic groups’ languages to avoid exclusion/inability of ethnic groups to participate in the subproject activities. 36. Important results of consultations, plans and studies/surveys shall be disclosed through meetings in local dialects as well as written excerpts posted in public places in the village covered.

G. Monitoring 37. Internal monitoring and collection of information on the subproject’s progress, effectiveness and results will largely be the responsibility of PPO in cooperation with DCO. There will also be an emphasis on the identification of activities to enhance agricultural production whilst recognising constraints so as to provide appropriate remedial actions. Internally the provincial and district officers from the different departments will jointly prepare monitoring reports, which in turn the PPO will use to prepare monthly reports for the NPMO. The NPMO will validate these reports and include in the project’s progress reports progress reports. The project has engaged an external monitoring in charge of social and environmental safeguards, participation, and gender. The external monitoring entity submits quarterly monitoring reports on these aspects.

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1. BACKGROUND INFORMATION

1.1 Objectives of the Ethnic Groups Development Plan (EGDP)

38. This Ethnic Groups Development Plan (EGDP) is prepared for the Houay Sa II Irrigation Subproject located in Nhot Ou District, Phongsaly Province under the Northern Rural Infrastructure Development Sector Project (NRIDSP). The EGDP is prepared in accordance with the Lao PDR Constitution, relevant laws and policies, the ADB’s Safeguards Policy Statement (SPS) 2009 and the Indigenous People Planning Framework (2000) developed for NRIDSP. 39. The objectives of the NRIDSP Subproject EGDP are to:

(i) address appropriate requirements for, including consultations with, the affected ethnic groups in the subproject areas;

(ii) ensure that the benefits are culturally appropriate and equitably distributed for the ethnic groups within the subproject coverage;

(iii) avoid potentially adverse impacts on ethnic groups; (iv) minimize, mitigate or compensate for such effects when they cannot be avoided; (v) provide implementation measures to strengthen social, legal and technical

capabilities of government institutions in addressing ethnic group issues; and (vi) specify monitoring and evaluation of the EGDP implementation

40. The EGDP will be implemented in synergy with the subproject’s Gender Action Plan (GAP), which addresses women’s participation in the project to ensure that gender equality measures reach women in ethnic groups in the subproject areas. 1.2 The Northern Rural Infrastructure Development Sector Project (NRIDSP)

41. The NRIDSP is operating in four (4) Lao PDR Northern Provinces: i) Bokeo; ii) Oudomxay; iii) Luang Namtha; and iv) Bokeo. In each of these provinces, 2-3 districts were selected to be covered by NRIDSP, and in each of the districts, a number of subprojects are identified. 42. The Project will provide rural infrastructure and associated initiatives to support increased commercialization of agriculture. The NRIDSP’s main aim is to provide the rural community with access to, and participation in, the market economy. This is to be realized through increase in incremental production of saleable commodities and the promotion of agricultural productivity.

43. The NRIDSP has the following main outputs:

(i) Production and productivity enhancing rural infrastructure constructed and/or rehabilitated.

(ii) Productivity and impact enhancing initiatives adopted. (iii) Capacities of national, provincial and district agencies strengthened to enable a

sector development approach. (iv) Efficient and effective delivery of subprojects and project management.

1.3 The Houay Sa II Irrigation Subproject 44. The proposed Subproject is located in Paktha District, Bokeo Province (Figure A10-1). The subproject will benefit the village of Ban Haad Sa, located on the western bank of the Mekong River. From Paktha District Center, the village can be reached through a 25 km land drive on difficult road or 30-minute speed boat ride across the Mekong River. The road to Paktha District is passable only during the dry season. It is almost impossible for transport

Northern Rural Infrastructure Development Sector Project Feasibility Study on Houay Sa II Irrigation Subproject, Paktha District, Bokeo Province

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during the wet season. All year round transport is offered by the Mekong River through boat but such is more expensive and limited in capacity compared to land transportation.

45. Ban Haad Sa is an old village, established in around 1773. The 317 HHs in the village are composed of 202 (64%) Leu ethnic group, 90 (28%) Khmu ethnic group and 25 (8%) of Hmong ethnic group.

46. Based on the Village Household Masterlist, there is an existing 85.88 has. irrigated lowlands and 48.30 has. rainfed lowland for possible irrigation expansion. The present irrigation beneficiary HHs are composed of 87 Lue HHs, 5 Khmu HHs and 3 Hmong HHs. 47. There are 3 existing weirs in Houay Sa: 1) Pang Deua Weir (upstream); 2) Veco Weir (midstream); and 3) Nakang Weir (downstream). Pang Deua, a stone weir with an open intake (no control gate) and earth main canal 2,300m long was constructed by the villagers of Ban Haad more than 50 years ago. Veco is a stone masonry concrete weir with an open intake (no control gate) and a 2,200m earth main canal, constructed by an NGO (VECO, from which the weir got its name), in 2008. Nakang is a stone weir with an open intake (no control gate) and a 2,000m earth main canal, also constructed by the villagers of Ban Haad Sa more than 50 years ago. All the weirs are owned and managed by the Ban Haad Sa community. 48. The major problems in the proposed subproject are: a) insufficient irrigation water; b) non-permanent weirs and damaged/deteriorated main canals; and c) lack of water control and regulation structures including turnouts. Other problems related to irrigation are: a) shifting cultivation upstream of the catchment area causing soil erosion and reduction of water supply during the dry season; b) inappropriate Management, Operation and Maintenance (MOM); c) no formally established Water Users’ Groups/Association (WUG/WUA); d) no WUA rules, roles and regulations adopted to manage the irrigation system; and e) no water fee collection.

49. The proposed irrigation development plan is focused on the improvement of the existing Phang Deua wooden weir, located upstream of Houay Sato improve water availability and better water control and regulation. The planned works include: i) construction of a new concrete weir, ii) improvement of the existing canals, iii) construction of a new earth canal, and iv) construction and/or improvement of appurtenant irrigation facilities and structures. The weir construction includes: i) construction of a KKU type concrete weir to replace the existing Pang Deua wooden/stone weir, and ii) installation of intake and sluice gates. The improvement of the existing canals includes: i) concrete lining of MC (1,200 m out of total length of 2,500 m); ii) improvement of earth MC and MC1 (1,300 m of MC, and 1,500 m of MC1); and iii) construction of canal related structures such as drainage interceptor, farm turnout, flume stream crossing flume, road crossing and drop structure. The construction of a new earth canal includes: i) extension of the existing earth canal (MC2) for a new extension area of 28 ha with a length of 1,125 m; and ii) construction of canal related structures such as drainage inceptor, farm turnout, road crossing, drop structure and end-check structure. 50. The subproject will be turned-over to the WUG/WUA after completion. To avoid, minimize and/or resolve water use related conflicts among ethnic groups and users of the 3 weirs, the 3 WUGs will be organized into one WUG/WUA, building upon the existing informal WUGs. Besides the dominant Lue ethnic group which composes 92% of the irrigated farmers, the minority Khmu and Hmong ethnic group HHs benefiting from irrigation must be represented in the Executive Committee (the policy making body) of the WUG/WUA. The WUA should be given training on: i) WUA management; ii) financial management; and iii) operation and maintenance of the irrigation system. Water sharing guidelines and regulations between and among the 3 weirs must be formulated and adopted by the WUG/WUA. In addition, plans on cropping pattern/schedule, repair and maintenance, and water delivery/distribution should be developed and implemented by the WUG/WUA at O&M stage. Setting up irrigation service fee (water fee)

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collection rates to raise funds for the management, operation and maintenance (MOM) of the irrigation system must also be done. 51. Besides the irrigation rehabilitation works, productivity and impact enhancement initiatives will be delivered by the Project. These initiatives will comprise of compulsory and optional initiatives. The compulsory initiatives will include (i) support for WUGs established to operate and maintain the rehabilitated facilities; and (ii) water catchments identification and zoning. Optional initiatives will be further discussed and planned with the beneficiaries during the detailed design stage and could be selected from production, post-harvest handling, processing and the development of market linkages. 52. During the Rapid Social Assessment (RSA) done for the Subproject EGDP in July 2014, it was found out during Focus Group Discussions that the ethnic groups in Ban Haad Sa are aware of and expressed support to the Subproject. Project information had been disseminated during the consultation meetings for the feasibility stage of the subproject. 2. LEGAL FRAMEWORK

2.1 Ethnic Groups in Lao PDR

53. Lao PDR has the most ethnically diverse population on the Southeast Asian mainland, which was officially identified in the 2005 census as consisting of 49 ethnic groups. The Ministry of Information and Culture of Laos currently promotes the use of an ethno-linguistic classification system to distinguish the various ethnic groups in the country. The major ethno-linguistic groups in Lao PDR are: i) Lao Tai; ii) Mon-Khmer; iii) Chinese-Tibetan; and iv) Hmong Iumien. 54. The Lao-Tai dominate politically, culturally and economically and generally inhabit the river plains, particularly along the Mekong River. According to the United Nations Permanent Forum on Indigenous Issues, the majority of the other ethnic groups inhabit the rugged mountain territory that covers about 79 percent of the country and experience high-levels of marginalization. The lifestyle of these non-Lao-Tai reflects the working definition of Indigenous Peoples used by the ADB’s Safeguards Policy Statement (SPS).

55. Although there are 49 ethnic groups, the National Assembly‘s official Agreement N˚213 of 24 November 2008 only recognized Lao nationality, and therefore regardless of which ethnic background people come from, they are all Lao citizens. The government promotes equal rights and opportunities among all Lao citizens and has declared that all ethnic groups are equal by law in terms of dignity and rights. For this reason the term ‘ethnic minority’ is not used and instead the term ethnic group has been officially accepted.

56. The government has made efforts to promote equality among Lao citizens, but apart from the lowland Lao-Tai, most of the other ethnic groups, experience perpetual poverty and lack infrastructure and government services. This is partly because they are mostly living in the most remote and least accessible areas of the country. These factors create elements of structural marginalization associated with lack of education, healthcare, opportunities, political participation and representation. In order to tackle these challenges, the Government is officially committed to embracing a multi-ethnic dimension in development issues and improving people’s living conditions as well as to continue promoting equality of all Lao people in the country.

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Table A10-1. List of Ethnic Groups by Ethno-Linguistic Group in Lao PDR

Lao-Tai Mon-Khmer Hmong-Iumien

Chinese-Tibetan

1. Lao 2. Leu 3. Xaek 4. Tai 5. Nhuane 6. Tai

Neua 7. Phutai 8. Yang

9. Khmu 10. Pray 11. Xingmoon 12. Katang 13. Yru 14. Yae 15. Hahak 16. Jeng 17. Nhaheun

18. Kmer 19. Moy 20. Phong 21. Thene 22. Eudou 23. Makong 24. Triang 25. Brao

26. Oey 27. Kadang 28. Lavy 29. Toum 30. Kree 31. Bid 32. Lamed 33. Samtao

34. Taoey 35. Katu 36. Kriang 37. Suay 38. Pako 39. Nguane 40. Tri

41. Hmong 42. Iumien

43. Akha or Ko 44. Singsily/Sila 45. Hor 46. Phounoy 47. Lahou 48. Hayi 49. Lolo

Source: The Ethnic Committee, National Assembly‘s Official Agreement N˚213 of 24 November 2008 2.2 Ethnic Groups and Development: Policy Context 57. The Constitution of Lao PDR ratified in 1991, uses the term “citizens of all ethnicity” throughout the document. It specifically recognizes the need to incorporate the concerns of ethnic groups in developing policy in all sectors, and has reaffirmed its commitment to strengthen the rights of all ethnic groups in various congresses, conferences, decrees, and laws since the 1980s (Articles 8 and 22). Article 75 of the constitution specifically indicates that “the Lao language and script are the official language and script” of Lao PDR. 58. Constitutionally, Lao PDR is recognized as a multi-ethnic society, and Article 8 of the 1991 constitution states . . . “All ethnic groups have the right to preserve their own traditions and culture, and those of the nation. Discrimination between ethnic groups is forbidden.” Furthermore Article 8 of the Lao PDR Constitution declares that:

“The State pursues the policy of promoting unity and equality among all ethnic groups. All ethnic groups have the rights to protect, preserve and promote the fine customs and cultures of their own tribes and of the nation. All acts of creating division and discrimination among ethnic groups are forbidden. The State implements every measure to gradually develop and upgrade the economic and social level of all ethnic groups.”

59. The 1992 Ethnic Group Policy, Resolution of the Party Central Organization Concerning Ethnic Group Affairs in the New Era, focuses on gradually improving the lives of ethnic groups, while promoting their ethnic identity and cultural heritage. It is the cornerstone of current national ethnic group policy. The general policy of the Party concerning ethnic groups can be summarized as follows:

(i) Build national sentiment (national identity). (ii) Realize equality between ethnic groups. (iii) Increase the level of solidarity among ethnic groups as members of the greater Lao

family. (iv) Resolve problems of inflexible and vengeful thinking, as well as economic and

cultural inequality. (v) Improve the living conditions of the ethnic groups step by step. (vi) Expand, to the greatest extent possible, the good and beautiful heritage and ethnic

identity of each group as well as their capacity to participate in the affairs of the nation.

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60. The Ethnic Groups Committee under the National Assembly is charged with the responsibility to draft and evaluate proposed legislation concerning ethnic groups, lobby for its implementation as well as the implementation of socio-economic development plans. Ethnic group research is the responsibility of the Institute for Cultural Research under the Ministry of Information and Culture. The lead institution for ethnic affairs is the mass (political) organization, the Lao Front for National Construction (LFNC), which has an Ethnic Affairs Department. 61. In terms of the development of the agricultural sector, the government has for a long-time acknowledged that ethnic groups in rural villages are highly dependent on agriculture. According to the National Agricultural Census and the National Population Census 2012, the sector generated and contributed over 30 percent of the GDP and provided employment for more than 80 percent of the people in rural areas. Most of those employed in agriculture are self-employed or unpaid family workers and almost 66 percent of all the people’s work hours are on their own farms. The sector is dominated by smallholder farming families engaged mainly in subsistence production.

2.3 ADB Safeguards for Indigenous Peoples

62. The ADB Safeguards Policy Statement (SPS) affirms that environmental and social sustainability is the cornerstone of economic growth and poverty reduction in Asia and the Pacific. ADB’s goal as outlined in its SPS is to promote the sustainability of project outcomes by protecting the environment and people from the projects’ potential adverse impacts. ADB’s safeguard objectives are to:

(i) avoid adverse impacts of projects on the environment and affected people, where possible;

(ii) minimize, mitigate, and/or compensate for adverse project impacts on the environment and affected people when avoidance is not possible; and

(iii) help borrowers/clients to strengthen their safeguard systems and develop the capacity to manage environmental and social risks.

63. ADB safeguard objective for indigenous people is to design and implement projects in a way that fosters full respect for Indigenous Peoples’ identity, dignity, human rights, livelihood systems, and cultural uniqueness as defined by the Indigenous Peoples themselves so that they: (i) receive culturally appropriate social and economic benefits; (ii) do not suffer adverse impacts as a result of the projects; and (iii) can participate actively in projects that affect them. 64. ADB’s SPS uses the term indigenous peoples (ethnic groups in the Lao context) to refer to a distinct, social and cultural group who self-identify as members of a distinct indigenous cultural group and recognition of this identity by others; have collective attachment to geographically distinct habitats or ancestral territories in the project area and to the natural resources in these habitats and territories; have customary cultural, economic, social or political institutions that are separate from those of the dominant society and culture; and a distinct language, often different from the official language of the country or region. These definitions apply directly to some of the populations classified in Lao PDR as ethnic groups particularly the ethnic groups outside the dominant Lao-Tai ethno-linguistic group.

2.4 Indigenous Peoples Planning Framework (IPPF) for NRIDSP 2000

65. The EGDP for Houay Sa II also refers to the Indigenous People Planning Framework (IPPF) for NRIDSP. The IPPF was developed in CY2000 as a guideline for developing EGDP for all subprojects planned to be implemented under the NRIDSP. The IPPF sets out the requirements for pre-screening of subprojects and for processes to be followed in the preparation of each subproject. Analysis of present situations within the NRIDSP covered areas found that ethnic minorities are the majority population in the participating provinces and that certain groups have significantly higher levels of poverty and associated disadvantages. The

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main concerns are communication difficulties, particularly for women, together with opportunity to access project benefits. Recommended mitigation measures include effective consultation requirements, employment during the construction phase, membership of committees and capacity building for disadvantaged and vulnerable ethnic minorities. All monitoring and evaluation data are required to be disaggregated for the four major ethno-linguistic groups. The IPPF specified potential concerns and recommendations for loss of land, communication and social cohesion. It also provides guidance on conduct of socio-economic surveys for beneficial as well as mitigating measures, capacity building, grievance and redress mechanism, institutional arrangements, consultation and disclosure, monitoring and evaluation, and the budget and financing. 3. SOCIAL IMPAC ASSESSMENT

3.1 Ethnic Groups in the Subproject Areas 66. Bokeo province has a great diversity of ethnic groups and languages. According to the official classification by the Provincial Cabinet Office, Province Lao Front for National Construction (LFNC), there are 13 distinct ethnic groups in the province. The major ethno-linguistic group in Bokeo Province is Lao-Tai, 41% of the total HHs, which include ethnic groups of Lao (18%), Leu (17%), Nhuane (4%), Tai (2%) and Tai Neua (less than 1%). Mone-Khmer Ethno-Linguistic Group is the second largest population at about 34%, which includes ethnic groups of Khmu (23%), Lamed/Lameet (10%) and Samtao (2%). Hmong-Iumien Ethno-Linguistic Group is 16% composed of Hmong (14%) and Iumien (2%). Tibeto-Chinese Ethno-Linguistic Group is about 9%, composed of Akha or Ko (1%), Phounoi (1%) and Lahou (7%). 67. There are five (5) ethnic groups in Paktha District, based on data and information gathered during the Rapid Social Assessment done in June 2014. Two (2) ethnic groups belong to the Lao-Tai Ethno-Linguistic Group (Lao and Lue), one (1) Mone-Khmer Ethno-Linguistic Group (Khmu) and two (2) Hmong-Iumien Ethno-Linguistic Group (Hmong and Iumien). The biggest ethnic group population in Paktha is the Khmu ethnic group at about 31%; the second largest population are the Hmong ethnic group at about 27%; Leu 21%; Lao 20%; and the smallest population belong to Iumien ethnic group at a little more than1%. 68. Based on the results of the Socio-Economic Survey conducted in September to October 2013 and the RSA done in July 2014, there are 3 ethnic groups living in Ban Haad Sa, the lone beneficiary village of the Houay Sa II Irrigation Subproject. The 3 ethnic groups are composed of 202 (64%) Lue ethnic group HHs, and 90 (28%) Khmu ethnic group HHs and 25 (8%) Hmong ethnic group HHs. The Lue ethnic group belongs to the dominant Lao-Tai ethno-linguistic group. Table A10-2. Ethnic Groups in Subproject Areas

Ethnic Groups in Bokeo Province

Lao-Tai (41%) Mone-Khmer (34%) Hmong-Iumien (16%) Tibeto-Chinese (9%)

1. Lao (18%) 2. Leu (17%) 3. Tai (2%) 4. Nhuane (4%) 5. Tai Neua (<1%)

6. Khmu (23%) 7. Lamed (9%) 8. Samtao (2%)

9. Hmong (14%) 10. Iumien (2%)

11. Akha or Ko (1%) 12. Phunoi (1%) 13. Lahou (7%)

Ethnic Groups in Phakta District

Lao-Tai (41%) Mone-Khmer (31%) Hmong-Iumien (28%) 1. Lao (20%) 2. Lue (21%)

3. Khmu (31%)

4. Hmong (27%) 5. Iumien (1%)

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Ethnic Groups in Houay Sa II Irrigation Subproject

Lao-Tai (64%) Mone-Khmer (28%) Hmong-Iumien (8%)

1. Lue (64%) 2. Khmu (28%) 3. Hmong (8%) Source: Bokeo Provincial Lao National Front for Construction (LFNC) report, Oct 2012 (Percentages are percent of total households. 69. The Tai Lue or Lue Ethnic Group is part of the larger Tai-Kadai linguistic family, which includes the Lao and Tai Dam peoples. The origin of the Tai Lue can be traced back to Sipsong Panna, which is now southern Yunnan Province in China. In Laos, they reside in the North, from Sayaboury and Luang Prabang provinces all the way to Phongsaly. The group traditionally live in the lowlands and commonly do lowland farming (irrigated and rainfed). Tai Lue practices a mix of animism and Buddhism. Most villages have a temple and monks as well as a sacred pillar where they hold rituals for natural spirits. Tai Lue women are well known for producing beautiful cotton and silk textiles, and their skilled use of natural dyes6. 70. Khmu ethnic group refer to a group of ethnicities of mainland Southeast Asia that speak closely related languages and follow similar customs and traditions. It is believed, based on linguistic, cultural and historical evidence, that these groups descended from a homogeneous ethnicity that may have been among the first populations to settle northern Indochina. In Lao, the Khmu or their ancestors probably settled the area of present-day Laos several thousand years ago and are one of the most populous ethnic groups in Laos. Part of the Mone-Khmer branch of the Austro-Asiatic linguistic family, the Khmu are divided into many sub-groups including the Khmu Lue, Kwaen, Rok and Ou, with the majority of Khmu in Bokeo, Luang Namtha and Luang Prabang being Kwaen or Rok. Like many of the ethnic groups in northern Laos, the Khmu are not Buddhist, but practice their own form of animism. The Khmu in Bokeo, generally practice mixed economies, growing rice, hunting, gathering forest products and producing handicrafts to generate cash income. Because the Khmu are highly knowledgeable about medicinal plants and are highly-skilled producers of woven rattan and bamboo basketry, many Khmu villages are regularly visited by tourists that purchase handicrafts and hire local guides to lead them on forest treks. 71. The Hmong are an Asian ethnic group from the mountainous regions of China, Vietnam, Laos, and Thailand. Hmong are also one of the sub-groups of the Miao ethnicity in southern China. The Hmong culture usually consists of a dominant hierarchy within the family. Males hold dominance over females and thus, a father is considered the head in each household. Although such culture is still observed particularly of the old population, such is slowly changing as a result of their inter-mingling with other ethnic groups, where women participation and role in the community is getting more recognized. A big factor to this is the establishment of the Lao Women’s Union, to represent the interest of women in every village. Hmong are skilled at hunting, mixing herbal medicines and raising animals, particularly horses. Hmong believe in a variety of natural, ancestral and supernatural spirits and their religious practices incorporate elements of ancestor worship. The Hmong began migrating from the central and southern parts of China into Laos in the19th century. Today, they inhabit the northern and central parts of Laos, including Xieng Khouang, Luang Prabang, Oudomxay, Luang Namtha, Xayaboury, Vientiane and Bolikhamxay provinces. The Hmong have their own spoken and written language, and constitute the third largest ethnic group in Laos, with about 8% of the population. In the past, the Hmong used to be called the Miao or Lao Soung. Lao Soung means “Lao of the mountaintops.” The expression refers to where the Hmong traditionally liked to live. However, these names are no longer considered appropriate, and the Hmong prefer to be called by their ethnic group name. The Hmong are a proud ethnic group, maintaining their distinctive culture and traditions. They cannot marry within their clan, or even a person of their own family name. After marriage, a woman will follow her husband and severe ties with her parents. The Hmong traditionally 6From Wikipedia, the free encyclopedia

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practiced the shifting cultivation of unirrigated upland crops; buckwheat, barley, and millet were grown at the highest altitudes, and rice and corn (maize) at lower elevations. Virgin forest was cleared and burnt off for the planting of new fields. When soil fertility declines (usually after several decades), the entire village would relocate. In the late 19th century the opium poppy was introduced into the highlands by outside traders, and the Hmong began to cultivate it in an integrated cycle together with corn and dry rice. They sold opium to itinerant traders, usually Chinese, in return for silver. By the late 20th century, shifting cultivation had become impracticable except in a few remote areas. In response to government programs in Thailand, Laos, and Vietnam, the Hmong have now largely abandoned shifting cultivation and opium production. They have instead turned to the permanent-field cultivation of crops such as rice and corn or the gardening of flowers, fruits, and vegetables, which they sell in lowland markets.

3.2 Socio-Economic Status 72. Data taken from the socio-economic survey done for the SIA of the subproject in September to October 2013 shows that there are 317 HHs with a total population of 1,674 in Ban Haad Sa, the lone beneficiary village of the Subproject. Lue ethnic group HHs composes major part of the total households at 64%, Khmu HHs at 28% and the Hmong HHs at 8%. In terms of population (people), Lue ethnic group is 57%, Khmu is 30% and Hmong is 13%. 73. All of the ethnic groups are involved in agriculture being the main source of livelihood in the area, as well as collection and sales of non-timber forest products (NTFP). The Lue ethnic groups are mainly engaged in lowland agriculture while the Khmu and Hmong ethnic groups are cultivating upland farms and less lowland area compared to the Lue ethnic group. The Khmu are also involved in on-farm and off-farm labor. Small businesses/shops and trading is dominated by the Lue ethnic group.

74. Of the 317 HHs in Ban Haad Sa, 69 HHs are reported as poor (income below 85,000 kips/person/month). The major percentage of poor HHs belongs to the Khmu ethic group at 48% (43 HHs). Hmong poor HHs is 10 (40%) and poor Lue HHs is 16 (8%). In terms of rice sufficiency, 96% of Hmong HHs, 90% among Lue HHs and a low 38% among Khmu HHs are rice sufficient. Table A10-3. Ethnic Groups Population in Houay Sa II Irrigation Subproject

Village No. of HH

Number of HH Members Percentage of Population Ethnic Group HH (%) Women Men Total Women Men Total

1 Lue 202 454 506 960 47 53 100 64

2 Khmu 90 245 250 495 49 51 100 28

3 Hmong 25 98 121 219 45 55 100 8

Total 317 797 877 1,674 48 52 100 100

3.2.1 Land 75. There is an existing 85.88 has irrigated lowlands and 48.30 hectares rainfed lowland for possible irrigation expansion. Only 95 HHs (30%) are current beneficiaries of irrigation, composed of 87 Lue HHs, 5 Khmu HHs and 3 Hmong HHs. Other HHs are cultivating lands described as uplands, home gardens, timber tree lands, fruit tree lands and rubber tree farms. 76. The subproject will not in any way interfere nor affect land ownership or the right of land cultivation. Instead, it will encourage increased land cultivation with the expected improvement of water availability that will result from the rehabilitation and improvement of the irrigation

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system. 77. Land ownership document in the area are generally Land Tax Certificates (LTC) which is reported to be in the name of both spouses in some cases and in the name of only the husband in some cases. The LTCs are recognized by the village, district and provincial authorities for the security of tenure for the land being cultivated by a HH. Land titling, however, is now recognized and being implemented by the Lao Government under the name of both spouses.

78. The poor HHs and those who will not directly benefit from irrigation will benefit from planned NRI associated initiatives such as training on crop production technology, training on marketing, promotion of crop diversification through demo farms, catchment zoning and village land-use planning to ensure sustainability by limiting the extent of siltation at the weir sites, and resourcing existing technical extension services to introduce modern production technologies liked increasing agricultural productivity, developing new products, improving marketing and adding value to farmers’ products.7 They will initially benefit from labor during subproject construction and during O&M stage from the increased agricultural labor demand due to intensive farming as a result of irrigation rehabilitation and improvement.

3.2.2 Language 79. The reported average adult literacy (reading and writing in the Lao national language) in the area is 59%. Literacy is lowest among the Khmu and Hmong population at 40% and 44%, respectively. Lue literacy rate is highest at 72%.

80. The Lue ethnic group dialect/language is very similar and can speak the Lao national language. The Khmu and Hmong have their own distinct dialect which is very different from the Lao national language but many of the population of these ethnic groups can also speak the Lao national language as they had been living with the Lue ethnic group in Ban Haad Sa for quite a time. However, to ensure that the Khmu and Hmong ethnic groups are not left out during subproject activities involving oral and written communication, such as subproject information dissemination, orientations, consultations, focus group discussions, meetings, trainings and workshops, interpreters or project staff who can speak the Khmu and Hmong languages should be deployed during such forums.

3.2.3 Gender 81. The Ban Haad Sa population of 1,674 is composed of 797 female (or 47.61%) and 877 male (52.39%), with average of 5 household members. 82. Women’s voice and participation has steadily advanced in Lao PDR. Women’s rights are recognized in the legal system, and women’s political representation in the National Assembly has grown nearly 20% since 1990. It is now the highest in the region. However, this has not filtered down to the provincial and local levels where significant gender gaps in representation persist, despite the efforts of the Lao Women’s Union (LWU) in reaching out to women at the national to village levels8.

83. The SIA results9 done for the subproject in October 2013 show that the Leadership of the Village Administration, the Lao National Front for Construction (LNFC), the Lao Youth Union (LYU), Village Security and Army Units are dominated by men except that of the Lao Women Union being an organization for women. Women are represented by the Head of the Lao

7 Annex 3 (Present Agriculture and Agricultural Development Pan) and Annex 4 (Associated Initiatives) of Houay Sa II

Irrigation Subproject Feasibility Study Report 8 Country Gender Assessment for Lao PDR – Reducing Vulnerability and Increasing Opportunity, World Bank, 2012 9 Annex 7 – Social Impact Assessment, Houay Sa II Irrigation Subproject Feasibility Study Report.

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Women Union in Village Administration meetings. Observations show that men dominate discussions.

84. For all the ethnic groups, men are seen to be the dominant figure at home. This is prominent in the Hmong culture which consists of a dominant hierarchy within the family. Males hold dominance over females and thus, a father is considered the head in each household. Although such culture is still observed particularly by the old population, such is slowly changing as a result of their inter-mingling with other ethnic groups, where women participation and role in the community is getting more recognized. A big factor to this is the establishment of the Lao Women’s Union, to represent the interest of women in every village.

85. The results of a study10 done in Luang Prabang on Khmu women show that they experience barriers to participation in project activities. The barriers include language; education; cultural norms; health issues; workload; resettlement; poverty; low self-esteem; staff and project approach; the village administrative structure; fewer opportunities with development projects; and limited formal access and control over assets. To overcome these barriers and to participate in development projects Khmu women would benefit from greater support from project staff such as teacher/trainer; learner; follower; advisor; demonstrator/role model and advocate. To empower women to overcome barriers themselves and participate more fully in community development requires both men and community to provide support and acceptance.

86. The results of the SIA conducted for the subproject in October 2013 show that women perform significant roles at home, in agriculture production and in decision-making. Women perform most of the household responsibilities except that of house repair and construction. They also perform agricultural production activities with men except those that are considered “muscle work” such as land preparation and irrigation. Most of the decision-making responsibilities are claimed to be shared between men and women. These highlights the need of promoting awareness on the importance and significance of the roles of women to all genders through Gender Awareness Training/Workshop to promote their participation and involvement in community development activities such as the subproject.

87. There are 25 Female-Headed Households (FHHs) in Ban Haad Sa. The 25 FHHs are composed of 20 Lue FHHs, 4 Khmu FHHs and 1 Hmong FHHs. Two (2) of the Lue FHHs are reported poor. This sector should be made priority target for labor and associated initiatives that will be implemented for the subproject.

3.2.4 Health and Hygiene

88. The village has a domestic water supply and dispensary/clinic. The District Hospital is located in Paktha District. All HHs have sanitary latrines. There are no reported problem serious problem on health and sanitation. 89. The construction of the subproject may bring about health hazards such as: (i) dust and noise pollution; (ii) danger from construction material storage and construction sites; and (iii) construction and workers’ waste disposal/management. These, however, are temporary in nature, and mitigation measures are included in the Environmental Management Plan (EMP) developed for the subproject included in Annex 8 – Initial Environmental Examination of the Feasibility Study Report for the subproject. 90. During the Operation and Maintenance (O&M) stage of the subproject, potential health hazard may result from the effects of intensified use of chemical fertilizers and pesticides. However, these can be minimized, if not eliminated through the timely and correct implementation of the proposed measures contained in the EMP mentioned above. 10 Women's Participation in Community Development Projects: The Case of Khmu Women in Laos, Thesis on Master

of Applied Science, Vixathep K., Lincoln University

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3.2.5 Social Impact and Inequality

91. The Lue ethnic group which belongs to the dominant Lao-Tai ethno-linguistic group composes 64% of the total HHs in the area and owning 95% of the irrigated lands have the distinct advantage from the benefits of the subproject over the other ethnic groups. There is an existing 85.88 has irrigated lowlands and 48.30 hectares rainfed lowland for possible irrigation expansion. Only 95 HHs (30%) of the 317 HHs in Ban Haad Sa are current beneficiaries of irrigation, composed of 87 Lue HHs, 5 Khmu HHs and 3 Hmong HHs. 92. The subproject could not directly benefit all of the ethnic group HHs in the village. The direct beneficiaries are the ethnic group HHs with irrigated lands and some of the owners of the rainfed farms, as expansion area for irrigation. This had been discussed during village consultations with village authorities, men and women focus groups, youth representatives, LWU, LFNC and clan/ethnic group leaders and representatives.

93. For the poor ethnic groups and those without irrigated lands, there will be opportunities for labor during the construction phase of the subproject. Increased agricultural production will require increased labor inputs and therefore also provide employment opportunities. Increased village incomes will provide opportunities in commerce and non-agriculture employment.

94. Besides the above activities and irrigation rehabilitation works, productivity and impact enhancement initiatives will be delivered by the Project. These initiatives will comprise of compulsory and optional initiatives. The compulsory initiatives will include (i) support for the establishment of WUG/WUA to operate and maintain the rehabilitated facilities; and (ii) water catchments identification and zoning. Optional initiatives will be further discussed with the beneficiaries during detailed design stage and could be selected from production, post-harvest handling, processing and the development of market linkage initiatives which will benefit non-irrigated and poor ethnic group HHs. 95. Initial assessment on resettlement issues show that the subproject will not require acquisition of lands for right-of-ways nor will impact on crops/trees and existing permanent structures. 96. All of the consulted villagers, which included village authorities, men and women focus groups, youth representatives, LWU, LFNC and ethnic group leaders/representatives were unanimous in their support of the rehabilitation and improvement of the irrigation system.

97. Being a rehabilitation and improvement of an already existing small community-managed irrigation subproject, Houay Sa II will not in any way affect the traditions and culture of the ethnic groups within the subproject coverage.

3.2.6 Social Benefits

98. The proposed subproject has the following potential benefits to ethnic groups within the subproject coverage:

(i) Increase household income and hence, reduce poverty; (ii) Improvement of the economic conditions of beneficiary households due to: a)

improved irrigation water availability in irrigated areas; b) increase in irrigated area in both season; c) increase rice yield and production; d) promote production of high value crops during the dry season; and e) increase in income;

(iii) Generate additional demand for hired labour due to increase in crop production activities in the area for two seasons; and

(iv) Promote a more active economy for the villages due to increased production of rice and other crops, increased household income, potential commercialization of rice

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surplus and high value crops, and demand for production inputs. (v) Savings on labor, time and local materials for the beneficiary households from the

frequent repairs that has to be done on the existing indigenous weirs particularly during the wet season.

(vi) Increased empowerment of ethnic groups and women through their representation in the WUG/WUA, FPGs and other village committees, and involvement in subproject activities; and

(vii) Improved cooperation and social cohesion among ethnic groups due to equal opportunities in representation and participation in the WUG/WUA, FPGs and other committees that will be established through the subproject, as well as in subproject activities.

99. In addition to the benefits from irrigation, the different ethnic groups will also benefit from the following productivity and impact enhancement initiatives that will be delivered by the project:

(i) The establishment and capability development of a Water Users’ Association (WUA) that will be responsible for the MOM of the rehabilitated/improved irrigation system.

(ii) Ensured representation of ethnic groups and women in the WUA.

(iii) Introduction of the collection of Irrigation Service Fees (ISF) as source of funds for the MOM of the Irrigation System for sustainability.

(iv) Improved planning of cropping within irrigated as well as in rainfed and upland areas.

(v) Improved capability of farmers 11 on crop production and marketing technology.

(vi) Improved management of the water catchment areas.

(vii) Improved awareness on the importance and recognition of the role of women at home, in agriculture and in decision-making responsibilities.

(viii) Benefits from other optional initiatives that will be identified to be delivered through the subproject.

(ix) An institutionalized and active grievance redress mechanism through the Lao Front for National Construction (LFNC) which is the focal group for ethnic affairs.

3.2.7 Expected Sustainable Outcomes 100. The rehabilitation/improvement of the irrigation system will bring about improved water control and availability, increased irrigated area and irrigation water for two crop seasons. 101. To ensure sustainable operation of the irrigation system after completion, a Water Users’ Association (WUA) will be established and given capability development training on the management, operation and maintenance (MOM) of the irrigation system. To ensure proper representation of all beneficiaries and stakeholders, different ethnic groups and women will be required to be represented in the WUA management structure. The DAFO and PAFO will have to provide sustained monitoring and evaluation of the MOM of the irrigation system and provide technical assistance to the WUA. To provide advises and mediation, the LWU, the Village Chief and the LFNC Village Head are recommended to act as advisers to the WUG/WUA and other village organizations.

11 Refers to people or HHs who owns or are cultivating agricultural lands (irrigated and non-irrigated)

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102. As source of funds for the MOM of the irrigation system, Irrigation Service Fees (ISF) at rates agreed with the beneficiaries through the assistance of the DAFO, PAFO, LWU, Village Chiefs and LFNC shall be collected.

103. For the protection of the water source, water catchment identification and crop zoning is planned as one of the impact enhancement initiatives under the subproject. In addition, technical assistance on crop production and marketing will be provided to Farmers Production Groups (FPGs). 4. BENEFICIAL AND MITIGATING MEASURES

104. The subproject promotes the enhancement of agricultural production in a culturally appropriate context and aims to equally distribute benefits within the subproject’s coverage while ensuring the active participation of ethnic groups, including women. It is expected to bring about the following positive benefits to ethnic groups:

(i) Potential increase in income and food security due to higher agricultural yields (ii) Empowerment through representation in water user groups and farmer production

groups (iii) Increase in technical know-how from capacity-building programs (iv) Improved marketing of produce (v) Alternative sources of income/livelihood

105. To ensure proper involvement and representation of all ethnic groups in subproject activities, the Subproject Intervention Strategies in Table A10-4 will be applied. The subproject will ensure that consultations to be conducted at any stage with each of the ethnic groups will be in the local ethnic group’s language using interpreters to translate from Lao to the ethnic group’s language. The subproject will ensure equal participation of men and women, and where information is needed for specific purposes rather than providing general information. Separate discussions for women and men will be conducted as women are often reluctant to participate in mixed group settings. Furthermore, the subproject will ensure that training and other capacity building activities are conducted in the ethnic groups’ languages to avoid exclusion/inability to participate in the subproject activities. 106. The subproject will pay special attention to avoid discrimination and inequality and will adopt measures to ensure the involvement and representation of ethnic groups particularly for the Khmu and Hmong ethnic group HHs who are minority (in number) compared to the dominant Lue ethnic group HHs. Additionally, the subproject will closely monitor the construction of the irrigation system to ensure that there are equal employment opportunities for men, women and ethnic groups. Furthermore, special attention will be given to those who are poor and most in need of help to gain access to work. The project will also closely monitor the performance of the contractor and closely collaborate with the related local authorities to avoid future conflicts and ensure maximum benefits. Table A10-4. Subproject Intervention Strategies

Project Component

IPPF Requirements for Irrigation Improvement and Development Subproject Intervention Strategies

1. Production and productivity enhancing rural infrastructure constructed and/or

• Evidence of consultation with ethnic groups (women and men) demonstrating their support prior to subproject approval.

• The subproject has strong support from all the ethnic groups in the village. Evidence was recorded during the feasibility study, the social assessment, village consultations and groups’ discussions.

• Ensure mutual decision making and that an agreement has been reached

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Project Component

IPPF Requirements for Irrigation Improvement and Development Subproject Intervention Strategies

rehabilitated.

• Selection criteria for subprojects should ensure the use of local labour and avoidance of construction camps.

• Local contractors will preferentially employ women and men from poor ethnic group households in construction activities.

• Equal access to work and equal pay for women and men for work of equal type.

• Safe working conditions for both men and women workers.

• Local contractors will not employ child labor.

on the design details, including irrigation channels and alignments as well as the location of the water gate to each village by the following three parties: the project, the District Agriculture Departments and the clan representatives from the village.

• Ensure evidence of a prior agreement regarding the equal distribution of the irrigation system’s water supply to water users to avoid future conflict.

• The subproject will ensure that the selected subcontractor develops a labor management plan that consists of: (i) criteria for labour selection and impose zero tolerance for child labour; (ii) equal access to work and equal pay for the same type of work for ethnic men and women; and (iii) special attention to the poor ethnic families in the subproject areas that need help, particularly the Khmu and Hmong ethnic group.

• Ensure the established WUA has received the following training: (i) understanding of the nature of the irrigation system, including the operational function of the irrigation system and its expected life span; (ii) management and maintenance to ensure long-term usage; and (iii) financial management in relation to the collection of water fees.

2. Productivity and impact enhancing initiatives adopted.

• Representation of the ethnic groups in water user groups.

• Representation of the ethnic groups on all subproject management committees (marketing initiatives, producer groups, etc.).

• Capacity building for ethnic

groups to enable participation in subproject and community decision-making delivered in the local language and using an appropriate methodology (i.e. participation and negotiation training, marketing skills and numeracy training).

• Representation of ethnic groups

• The subproject will ensure that each ethnic group particularly the Khmu and Hmong ethnic group HHs will field a representative to the WUA using their own processes for selection. The subproject will ensure that ethnic group representatives will have equal status and voice the in decision making regarding the irrigation system.

• WUA guidelines will be simplified and/or translated into the languages of the ethnic groups.

• Ensure the established WUA including the ethnic groups have received the following training: (i) understanding of the nature of the irrigation system, including the operational function of the irrigation system and its expected life span; (ii) management and maintenance to ensure long-term usage; and (iii) financial management in relation to

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Project Component

IPPF Requirements for Irrigation Improvement and Development Subproject Intervention Strategies

in project study tours. • Extension services designed for

and delivered to ethnic groups.

the collection of water fees. • The training in the enhancement of

agricultural production, including agricultural market extension services, soil improvement techniques, introduction of suitable crops and sustainable use of the irrigated water system will be provided for each village including ethnic groups. This training will include marketing skills, agricultural knowledge/information and observation techniques for better negotiation and numeracy skills.

• Workshop on agricultural knowledge exchange will be conducted by the subproject to: (i) strengthen the interrelationship between villages and different ethnic groups; (ii) promote the exchange of agricultural production knowledge by the different ethnic groups; (iii) encourage ethnic groups from different ethnic backgrounds to engage in social functions and public meetings with other groups; (iv) promote ethnic women’s groups to expose them to other people outside of their own village; and (v) encourage the ethnic groups’ confidence, especially women, in communicating and negotiating with other people.

3. Capacities of national, provincial and district agencies strengthened to enable a sector development approach.

• Safeguards (EGDP) training for implementing agencies at national, provincial and district levels (i.e. NPMO, PPOs, DCOs and other stakeholders).

• On-going training and mentoring by international and national specialists will be provided to national and provincial staff to enable effective preparation and monitoring of individual EGDP for each subproject.

• Assistance (budgets) provided for capacity building of the Village Mediation Committees where these have not had the recent round of training.

• Assistance (budgets) provided for capacity building of village and district level committees of the Lao Front for National Construction (LFNC) where this relates to promoting and meeting the needs of ethnic minority groups in subproject areas.

• Safeguard (EGDP) training is provided for key responsible persons of the project’s implementing agencies at the central, provincial and district levels

• The project has recruited national and international IP safeguards and gender specialists to safeguard ethnic groups’ rights to development and access to equal opportunities in the subproject areas.

• The project will closely collaborate with local authorities, including the Lao Front for National Construction (LFNC) and Village Mediation Committees if and when ethnic groups’ villagers express concerns, provide feedback and suggestions to the project. It should be done in a timely manner and appropriately take into account the ethnic groups traditional culture when dealing with any issues that arise.

• The project will provide key staff to closely work and collaborate with the

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Project Component

IPPF Requirements for Irrigation Improvement and Development Subproject Intervention Strategies

ethnic groups in the village and other stakeholders during the construction of the irrigation system.

• Safeguards specialists in different fields are engaged during the subproject’s implementation period.

4. Efficient and effective delivery of subprojects and project management.

• Safeguard (gender/indigenous peoples) specialists included in national, provincial and district levels (NPMO, PPO, DPO)

• Social Impact Analysis and an IPP

will be prepared for each subproject.

• All monitoring and evaluation data

disaggregated by ethnic groupings.

• NPMO and PPOs responsible for monitoring and reporting of EGDP performance indicators, including ethnic group participation, training and employment targets.

• EGDP implementation performance indicators included in mid-term reviews.

• International and national IP and gender safeguards specialists are engaged by the project during the subproject’s implementation period.

• Focal persons for social safeguards are designated at the NPMO, PPO and DCO to assist in coordinating and ensuring the benefits of ethnic groups as well as overseeing other social safeguards.

• Social impact assessment, ethnic group consultations, focus groups discussions are conducted and the subproject commits itself to continued consultations with different ethnic groups during the implementation period.

• Subproject monitoring and reporting of EGDP implementation performance indicators including participation, training, and employment targets will include data and information disaggregated by ethnic groups and gender.

5. INFORMATION DISCLOSURE, CONSULTATION AND PARTICIPATION

107. Several consultations and information disclosures have been conducted with the villagers3 during the feasibility stage of the subproject, specifically on: (i) the potential irrigation project; and (ii) the potential impacts, including land loss, as well as crop and timber production. Each consultation, minutes of meetings, participants’ lists, photos and official correspondence were recorded by the project. The villagers 12 confirmed during the assessment that they have received relevant information about the subproject’s initial design and purpose. In each of the consultations, participants were asked to indicate/provide their views on the potential beneficial impacts and risks of the subproject. 108. Formally, the Lao government sets out a number of specific requirements in respect of consultation with, and participation of, communities and stakeholders, in the EIA/SIA process. Decree 112/PM on Environmental Impact Assessment sets out the rights and duties of project affected people and stakeholders, which include receiving information about a project along with the potential adverse impacts or benefits they may experience if the project goes ahead. Involvement in the EIA/SIA process is required through provision of appropriate and sufficient information to people and communities affected. The instructions state that consultation will

12 These included village authorities, men and women focus groups, youth representatives, LWU, LFNC, and

clan/ethnic group leaders and representatives

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take the form of: (i) interviews with village leaders, focus group discussions (FGDs) and household interviews/surveys; (ii) discussions about impacts and mitigation measures, and where impacts are identified, discussions about how a negative impact can be minimized during the project’s implementation; and, (iii) provision of the opportunity to review, respond to, or comment on the safeguards documents.

109. Villagers3 present during the consultation meetings are aware that they may not be engaged as labourers because the district authorities have informed them that the excavation of the irrigation channels will be done by machinery instead of by manual labour. They proposed cooperative management and maintenance of the system and not of having each village manage their own section of the irrigation channel. The project strongly supports this view and will address mutual decision making during its implementation. 110. During the implementation period the project is committed in providing sufficient interpreters for non-Lao speaking ethnic groups so that they understand any changes related to the progress or timeframe from the project’s side. The interpreters will consist of both men and women to accurately deliver information and gather feedback, concerns and suggestions from the villagers. 111. Table A10-5 suggests consultation forums within each subproject stage/phase. To ensure involvement, participation and representation of the ethnic groups and women in these forums, the involvement/participation and/or representation of these groups will be required. The involvement of the end-users will be complemented with the participation and technical assistance of the DAFO, PAFO, LWU, Village Authorities and the LFNC (as the focal person for ethnic affairs). The LFNC will assume critical role in assuring proper representation of ethnic groups and in the grievance redress mechanism. Table A10-5. Consultation, Participation and Disclosure Subproject Stage Focus and Description of Consultation

and Participation (C&P) Disclosure

Feasibility Study Introductory visit to apprise the villagers3 of the project and proposed activities in the subproject. Consultation with villagers3 on current issues and concerns (14 July 2013) Introduction/briefing/discussion on LARC aspects to village residents by provincial, district and consultant staff complementary to joint transect walks undertaken in the subproject’s implementation area (November 2013) Socio-Economic Survey in October 2013 involving interview of village authorities, sample HHs and Focus Group Discussions with men, women and ethnic groups, intended for the SIA of the subproject. Meetings with ethnic groups, men and women held in their own language to gather additional information for the SIA (July 2014)

Results of studies, surveys, assessments, etc. were discussed during subproject consultations and meetings. Excerpts of the Feasibility Reports,SIA, LACR and EGDP will be translated into Lao for dissemination. For non-Lao speaking/reading ethnic groups (Khmu and Hmong), consultations and meetings were done with the help of staff who can speak the local dialects.

Detailed Engineering Design

Consultation meetings where the subproject design and plan is discussed to villagers with representation of men, women and ethnic groups. During these meetings, the PAFO, DAFO, village authorities, LWU and

The Subproject design and plan will be finalized and presented to the same audiences before implementation.

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Subproject Stage Focus and Description of Consultation and Participation (C&P) Disclosure

LFNC are invited to participate. Before the start of construction, pre-construction meetings with the same audience must be done where the PMU and Contractor will discuss construction works, methodology, schedule and labor requirements.

Implementation During subproject implementation, regular (monthly or more frequent, if necessary) Project Coordination Meetings will be conducted with the same audience above to be facilitated by the PMU and the Contractor. During these meetings, topics to be discussed should include among others: a) progress of construction; b) issues, problems and constraints; c) actions to resolve identified issues, problems and constraints. The WUG/WUA should be allowed to conduct daily monitoring visits of on-going works jointly with project engineers of the PMU and Contractor. Collect feedback, concerns and recommendations from WUGs, FPG and women.

Agreed actions should be copied to all stakeholders as basis for monitoring and evaluation. For non-Lao speaking/reading ethnic groups (Khmu and Hmong), the meetings must be arranged with the assistance of interpreters.

O&M Stage (Women and Ethnic Groups represented in the WUA Structure) Pre-Cropping Season Meeting to: a) develop cropping plan for the season (decide what to plant, where to plant, when to plant and when to harvest); b) develop repair and maintenance plan for the irrigation system; c) develop water allocation and distribution schedules for the system; and d) develop ISF Collection program and budget for the season. In-Season Meetings to identify issues and concerns/problems and agree on solutions to such. Post-Season Meetings to assess the past season and develop plans for the last season.

Copies of developed cropping plan are posted in public places within all villages involved. The project will facilitate dissemination of information in native ethnic groups’ languages via interpreters.

6. COMPLAINTS AND GRIEVANCE REDRESS MECHANISM

112. Ethnic Groups in Ban Haad Sa were informed during the village meetings about their rights related to grievance and the procedures that are in place. In relation to the grievance redress mechanism (GRM), the three ethnic groups share the same view that if any issue arises, regardless of this subproject, they will firstly consider amongst them whether the issue can be resolved internally. This first stage of mediation is preferred by all of them so as not to bring up issues unnecessarily and avoid complications. If the issue cannot be dealt with internally, they will then bring it up verbally with the village authorities. The village authorities

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often seek the advice of the villager elders and call for a meeting which includes the complainants and the elders as mediators. If the issue cannot be resolved then the next formal step involves the village authority to either assist in drafting a written complaint or the complainant will be asked to draft by the complaint by themselves. It then will go through the village authorities for comments and a referral letter will then be sent to the district authorities. The district authorities will then take up the case, investigate and mediate with the complainants and village authorities. If the issue still cannot be solved then the same steps are taken at the provincial level. If the provincial authorities cannot solve the issue, then they will be referred to the provincial courts. All of the consulted villages share the same view on both informal and formal grievance procedures.

113. The Lao National Front for Construction (LFNC) represents ethnic groups and at village level also leads the Village Mediation Committee. In general, people in the villages respect the LFNC members (“Neo Hom”) and often turn first to them for assistance on both domestic and civil matters. Assistance will be provided for training of the Committees where this has not already occurred through the current program being implemented. An information campaign will be conducted to ensure that all community members understand the revised role and responsibilities of the Mediation Committees. 7. INSTITUTIONAL ARRANGEMENT 114. To ensure inter-agency cooperation at the national level, a National Steering Committee (NSC) was established. The NSC will meet annually or as required to review overall implementation progress, approve annual work-plans and budgets, and provide overall policy guidance. The National Project Management Office (NPMO) will provide secretariat services to the NSC. Provincial Steering Committees (PSCs) were established to ensure inter-agency coordination at the provincial level. The PSCs are chaired by provincial vice governors with equivalent representation to that for the NSC, including governors from the participating districts. The PSC will meet bi-annually or as required to review implementation progress and to ensure adequate levels of coordination between key agencies for project coordination. Subproject Investment Reports (SIRs) shall be approved by PSCs after obtaining the necessary concurrence of ADB for social and environmental safeguards. The PPO will provide secretariat services to PSCs.

115. The Ministry of Agriculture and Forestry (MAF) is the executing agency (EA) for the project, with the responsibility for overall project coordination and management transferred to its Department of Planning (DOP) who has established the National Project Management Office (NPMO) for the day-to-day coordination and management of the project. The implementing agencies at the provincial level are the Provincial Agriculture and Forestry Offices (PAFOs). Provincial Project Offices (PPOs) have been established in each PAFO to be responsible for financial management at the provincial level, as well as coordination and management of the implementation of subprojects. To assist implementation of the project at the district level, District Coordination Offices (DCOs) have been established within District Agriculture and Forestry Offices (DAFOs) to mainly coordinate and supervise subproject activities.

116. The executing agency for the subproject will be the provincial governor’s office which will delegate responsibility for subproject implementation to its Provincial Agriculture and Forestry Office (PAFO). The PAFO will, in turn, designate responsibility for day to day implementation and monitoring of the subproject to the provincial project office (PPO) established within its premises. If external consultants are required for survey and design of the scheme, recruitment of consultants to prepare the detailed subproject design and construction supervision will be managed by the National Project Management Office (NPMO). Works contracts will be procured by the NPMO based on provincially and NPMO certified and approved designs. PAFO, through its PPO, will be involved both in project management of the subproject but also in confirming the technical specifications of the rehabilitated weir and canals for the schemes. The associated

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investments will be delivered by established district agriculture and forestry offices under a performance based contract to the PPO under the supervision of the NPMO.

117. The DAFO works closely with the following four departments at the district level: (i) the Lao Women’s Union (LWU) to ensure equal engagement of women and members of ethnic groups so that their concerns and feedback are taken into consideration; (ii) the Department of Natural Resources and the Environment (DoNRE) which mostly deals with the inspection and control of chemicals as well as contract farming licenses; (iii) the National Lao Front for Construction (NLFC) to specifically focus on ethnic groups and development issues; and (iv) the District Cabinet Office to ensure that all activities are coordinated and reported to the district governors and its administration. In order to develop this EGDP, the DAFO invited all of these aforementioned departments to partake in the assessment and therefore they participated in village meetings and the focus groups discussions. These key officials from the various departments are therefore responsible for overseeing the different aspects of the project’s implementation and progress. For instance, DoNRE oversees the social and environmental measures, NLFC looks after the benefits and interests of the ethnic groups, and the LWU ensures women’s engagement and supports their interests. Meanwhile DAFO, through DCO, oversees the project’s overall development, especially related to agricultural extension services. 8. BUDGET AND FINANCING PLAN 118. Estimated EGDP implementation costs are set out and financed from the Grant. Detailed budgets will be included in subproject costing during implementation stage. 9. MONITORING

9.1 Internal Monitoring 119. Internal monitoring and collection of information on the subproject’s progress, effectiveness and results will largely be the responsibility of PPO in cooperation with DCO. There will also be an emphasis on the identification of activities to enhance agricultural production whilst recognising constraints so as to provide appropriate remedial actions. Internally the provincial and district officers from the different departments will jointly prepare monitoring reports, which in turn the PPO will use to prepare monthly reports for the NPMO. The NPMO will validate these reports and include in the project’s progress reports progress reports. 9.2 External Monitoring 120. The project has engaged an external monitoring in charge of social and environmental safeguards, participation, and gender. The external monitoring entity submits quarterly monitoring reports on these aspects.