Submitted to InfoShopApril 22, 2003

ANNEX 6.3

Water Resources and Irrigation Sector Management Program(WISMP) Framework for Indigenous People

Objectives

1. The design of this Project is structured to ensure the participation and inclusion ofvarious groups within communities in local level decision making over resourceallocation to irrigation and river management and sub-projects provision. However,

the Project recognizes that indigenous people form a particular group that merits adifferent approach and specific support. Therefore, the following framework foraddressing indigenous people will be adopted for the Project. The objectives of thisframework are to:

* Ensure that indigenous people benefit from the Project;* Avoid or minimize potentially adverse effects of the Project on indigenous

people.

Definitions

2. The terms "indigenous people", "indigenous ethnic minorities"' and "tribal groups",describe social groups with a social and cultural identity distinct from the dominantsociety that makes them vulnerable to being disadvantaged in the developmentprocess. For the purposes here, "indigenous people" is the term that will be used torefer to these groups.

3. Because of the varied and changing context in which indigenous peoples are found,no single definition can capture their diversity. Indigenous people are commonlyamong the poorest segments of a population. They engage in economic activities thatrange from shifting agriculture in or near forests to wage labor or even small-scalemarket-oriented activities. Indigenous peoples can be identified in particulargeographical areas by the presence in varying degrees of the followingcharacteristics:

a. A close attachment to ancestral territories and to the natural resources in theseareas;

b. Self-identification and identification by others as members of a distinct culturalgroup;

c. An indigenous language, often different from the national language;d. Presence of customary social and political institutions; and

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e. Primarily subsistence-oriented production.

Framework

4. Indigenous people are not prevalent in all the potential Project locations and were notidentified during the fieldwork for the sub-project schemes. It is possible that theycould be found in some areas of the provinces of North and West Sumatra, Lampungand South and Central Sulawesi during implementation of the Project. However, theactivities during the Project (i.e, WISMP-1 as a first phase in a longer APL) will notyet be of such nature as to affect indigenous people. The following steps will betaken to ensure that, where indigenous peoples exist, the Project caters to theirspecific needs:

In the Project's irrigation component, Community Organizer (CO) will betrained in the identification of indigenous people during the CommunityOrganizing training. This training will also be extended to the extension workers(KPL) working in the framework of the Project. In the Project's river basincomponent, staff of the Balai PSDA will be trained in the identification ofindigenous people through the training. Using baseline surveys and communityself-help exercises and discussions on poverty empowerment, COs will identifythe presence and numbers of indigenous people groups in the community andreport this to the Project Management Unit (PMU) and the respectiveprovince/kabupaten Project Implementation Unit (PIU).

* In the Project's river basin component no Project-financed activities willbe undertaken that impact upon indigenous people. During the Project, however,the Project will fund a Working Group of representatives of different Balai PSDA,Min. Kimpraswil's Directorate Water Resources, Min. Home Affairs, Min.Environment, as well as civil society representatives to develop an OperationalGuideline for River Basin Water Resource Management that will specificallyprovide guidance for dealing with the interests of indigenous people in riverbasins. The adoption of a Guideline, acceptable to the Bank, will be a conditionto shift from the Project to the second Phase of the WISMP APL.

* For the areas where indigenous people are identified, the PMU and PIUwill organize an orientation training for relevant COs or Balai PSDA staff in howto work with indigenous people in a useful way to identify mechanisms foreffective participation, and address specific challenges in working with suchgroups, for example, as how to deal with groups that may be in conflict with thelarger community.

* Since COs will be hired locally to the extent possible, they are expected tobe familiar with such groups. They will also be rotated as necessary to ensure that

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those that gave been trained in working with isolated vulnerable groups, or havespecific skills that would be beneficial in working with such groups, are madeavailable in the right places.

* Where indigenous people are identified that represent a sufficiently largeinterest, efforts will be made to ensure that the group is represented in theIrrigation Commission and the River Basin Water Resource Council, respectively,and that regular and forma communication is established with the group.

* Where the indigenous people speaks a language different from BahasaIndonesia, relevant brochures and documents will be translated in the appropriatelanguage. Provision has been made in the Project budget to allow for additionaltranslations of relevant Project documents.

5. These steps will be aimed at ensuring that indigenous people participate fully in theProject, are aware of their rights and responsibilities, and are able to voice their needsduring the social/economic preliminary survey/exercise and in the formulation of theIrrigation and River Basin sub-projects and operational policies. In addition, theywill be encouraged to submit sub-project proposals that cater to their group's needs.

Consultation Process

6. The Pokja/Komisi Irigasi Kabupaten in the Project's irrigation component, and theBalai PSDA together with the River Basin Water Resources Council in the riverbasin management component, will ensure that indigenous people are consulted for aproposed sub-project as well as for operational policies. The COs and/or theIndependent Monitoring & Evaluation consultant will facilitate that the vulnerablecommunities within the Water User Association, or within the river basin, will haveopportunity to have independent discussions among them and transmit their concernsto the Association or the River Basin Water Resources Council, respectively. Thisprocess should be designed to confirm that their agreement had been obtained withoutundue social pressure.

Sub-project Approval

7. In the event that a sub-project involves indigenous people, the PMU shall not approvethe sub-project unless the Associations, or the Balai PSDA , are willing to address theconcern of the indigenous people.

Monitoring and Grievance Procedures

8. The ToR for the PMU Consultants will include the responsibility for monitoring thetreatment of indigenous people in the Project. Where indigenous people areidentified, the Consultants will be required to report on their participation in theProject Provisions will be made by the Independent Monitoring & Evaluationconsultant to monitor the involvement of indigenous people. This will be monitoredroutinely by the PMU, as well as during supervision missions.

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9. All complaints should first be negotiated and recorded at the local level (by the CO inthe case of the irrigation component, and the Independent Monitoring & EvaluationConsultant in the case of river basin component) to attempt to reach an agreement atthe irrigated area/kabupaten/river basin level. Unresolved complaints then will beraised to either the Kabupaten PIU (where it concerns the irrigation sub-component)in the Provincial PIU (where it concerns the river basin management component), orthe National PMU/Secretariat level. Staff within the PMU and PIU Consultants willbe designated for following up on complaints and ensuring that they are handledadequately. The PMU will ensure that grievance address mechanisms are developedin culturally appropriate ways in close collaboration with the relevant group. TheIndependent Monitoring & Evaluation consultant will act as grievance mechanism oflast resort, and will monitor occurrence and proper handling of grievances.

10. Project evaluation studies, i.a., by the Independent Monitoring & Evaluationconsultant will include monitoring and evaluation of the impact of the project onindigenous people.

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