Indigenous Peoples Plan _________________________________________________________________________

September 2019

PHI: Integrated Natural Resources and Environmental Management Project

Subproject: Rehabilitation of Romagooc Purok 3 – Purok 5 Access Road in Kibawe (Region X)

Prepared by the Municipality of Kibawe, Province of Bukidnon for the Department of Environment and Natural Resources and 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. 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

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CURRENCY EQUIVALENTS (as of 05 September 2019)

Currency unit – peso (PhP)

PhP 1.00 = $ 0.019 $1.00 = PhP 52.13

ABBREVIATIONS

4Ps Pantawid Pamilyang Pilipino Program ADB Asian Development Bank ADSDPP Ancestral Domain Sustainable Development and Protection Plan AO Administrative Order CBMS Community-Based Monitoring System CoE CoU

Council of Elders Contract of Usufruct

DENR Department of Environment and Natural Resources FPIC Free Prior and Informed Consent ICC Indigenous Cultural Community IEC Information, Communication, Education INREMP Integrated Natural Resources and Environment Management Project IP Indigenous People IPDF IPDP

Indigenous Peoples Development Framework Indigenous Peoples Development Plan

IPP Indigenous Peoples Plan IPRA Indigenous Peoples Rights Act IPMR Indigenous People Mandatory Representative LGU Local Government Unit MOA MPDO

Memorandum of Agreement Municipal Planning and Development Office

NCIP NPCO

National Commission on Indigenous Peoples National Project Coordinating Office

NRM Natural Resources Management RI Rural Infrastructure RPCO Regional Project Coordinating Office R-SLOFAS, Inc Romagooc Small Lowland Farmers Association, Inc. SPMU Sub-Project Management Unit SPS TA-PMIC

Safeguard Policy Statement Technical Assistance – Project Management and Implementation Consultant

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TABLE OF CONTENTS I. EXECUTIVE SUMMARY ....................................................................................................... 1 INREMP AND ........................................................................................................................ 2 II. SUBPROJECT DESCRIPTION ............................................................................................. 2 III. SOCIAL IMPACT ASSESSMENT ......................................................................................... 4 A. Relevant Legal and Institutional Framework Applicable to the Indigenous Peoples ............... 4

1. Philippine Constitution of 1987 ........................................................................................... 4 2. Indigenous Peoples Rights Act of 1997 (RA 8371) ............................................................ 5 3. NCIP Administrative Order No. 3, Series of 2012 .............................................................. 5 4. DENR-NCIP Memorandum of Agreement and Implementing Guidelines .......................... 5 5. Basic Principles of ADB Safeguard Policy, 2009 ............................................................... 6

B. Brief Description about the Indigenous Peoples in the Subproject Site .................................. 7 1. Population .......................................................................................................................... 8 2. Ethnicity and Cultural Practices ......................................................................................... 8 3. Education ........................................................................................................................... 8 4. Housing and Living Conditions ........................................................................................... 9 5. Income and Expenditure .................................................................................................... 9

C. Key Subproject Stakeholders .................................................................................................. 9 D. Gender-Sensitive Assessment of IP Perceptions ................................................................. 10 E. Anticipated Positive and Negative Impacts of the Subproject and Corresponding Enhancing

and Mitigating Measures ....................................................................................................... 10 IV. CONSULTATION, PARTICIPATION AND INFORMATION DISCLOSURE ........................ 11 A. Consultation and Participation .............................................................................................. 11 B. Information Disclosure .......................................................................................................... 14 V. BENEFICIAL AND MITIGATIVE MEASURES ..................................................................... 14 VI. CAPACITY BUILDING ......................................................................................................... 17 VII. GRIEVANCE REDRESS MECHANISM .............................................................................. 17 VIII. MONITORING, REPORTING AND EVALUATION .............................................................. 18 A. Internal Monitoring ................................................................................................................ 18 B. External Monitoring ............................................................................................................... 19 C. Reporting............................................................................................................................... 19 IX. INSTITUTIONAL ARRANGEMENT ..................................................................................... 19 X. BUDGET AND FINANCING ................................................................................................ 21

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LIST OF TABLES

Table 1: Sex-Disaggregated Data of the IP’s Barangay Population per Purok ............................. 8 

Table 2: Barangay Romagooc’s 2018 Revenue and Expenditure ................................................ 9 

Table 3. Number of Participants in the Consultation Meetings during IPP Preparation .............. 12 

Table 4. Summary of Stakeholder Views of the Road Rehabilitation in Romagooc, Kibawe ...... 12 

Table 5. Summary Matrix of Impacts and Enhancement/Mitigation Measures ........................... 15 

Table 6: Implementation Schedule ............................................................................................. 21 

Table 7. Proposed Budget for the Implementation of the IPP ..................................................... 21 

LIST OF FIGURES

Figure 1: Location of the Proposed Rehabilitation of Barangay Romagooc Purok 3 to Purok 5

Access Road ................................................................................................................. 3 

LIST OF APPENDICES

Appendix 1. Public Consultation Minutes on April 10, 2019 ....................................................... 23 

Appendix 2. MOA of the LGU, DENR-INREMP, NCIP and ICC on April 16, 2019 ..................... 33 

Appendix 3. Internal Monitoring Indicators (Adapted from ADB’s Handbook on Resettlement: A Guide to Good Practices, 1998) .................................................................................................. 44 

Appendix 4. External Monitoring Indicators (Adapted from ADB’s Handbook on Resettlement: A Guide to Good Practice, 1998) ................................................................................................... 46 

Appendix 5. Executive Order Creating the Subproject Management Unit (SPMU) .................... 48 

Appendix 6. Kibawe Budget for the Support to IPs (Excerpt) ..................................................... 50 

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GLOSSARY

Affected person (AP)

– Means any person or persons, household, firm, private or public institution that, on account of changes resulting from the Project, will have its (i) standard of living adversely affected; (ii) right, title or interest in any house, land (including residential, commercial, agricultural, forest, salt mining and/or grazing land), water resources or any other moveable or fixed assets acquired, possessed, restricted or otherwise adversely affected, in full or in part, permanently or temporarily; and/or (iii) business, occupation, place of work or residence or habitat adversely affected, with or without displacement. In the case of a household, the term AP includes all members residing under one roof and operating as a single economic unit, who are adversely affected by the project or any of its outputs.

Ancestral Domain

– Refers to all areas generally belonging to ICCs/IPs comprising lands, inland waters, coastal areas, and natural resources therein, held under a claim of ownership, occupied or possessed by ICCs/IPs, themselves or through their ancestors, communally or individually since time immemorial, continuously to the present except when interrupted by war, force majeure or displacement by force, deceit, stealth or as a consequence of government projects or any other voluntary dealings entered into by government and private individuals, corporations, and which are necessary to ensure their economic, social, and cultural welfare. It includes land, forests, pasture, residential, agricultural, and other lands individually owned whether in alienable and disposable or otherwise, hunting grounds, burial grounds, worship areas, bodies of water, mineral and other natural resources, and lands which may no longer be exclusively occupied by ICCs/IPs but from which they traditionally had access to for their subsistence and traditional activities, particularly the home ranges of ICCs/IPs who are still nomadic and/or who practice shifting cultivation. (Adopted from R.A. 8371 (IPRA))

Ancestral Domain Sustainable Development and Protection Plan

– The ADSDPP is a long-term community-based, comprehensive plan that contains the ICCs/IPs’ collective vision, mission, general objectives, long-term goals, and priority concerns. The ADSDPP contains a list of development plans and projects that is used as reference in determining the fit between a proposed infrastructure project and the long-term development goals and priority concerns of the affected ICC/IP. Often interchanged with the ADB-IP Development Plan (IPDP), but where ADSDPP is all encompassing, planning for IPDP is limited to the ADB investment/project/ subproject.

Ancestral Lands – Refers to land occupied, possessed and utilized by individuals, families and clans who are members of the ICCs/IPs since time immemorial, by themselves or through their predecessors-in-interest, under claims of individual or traditional group ownership, continuously, to the present except when interrupted by war, force majeure or displacement by force, deceit, stealth, or as a consequence of government projects and other voluntary dealings entered into by government and private individuals/corporations, including, but not limited to, residential lots, rice

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terraces or paddies, private forests, swidden farms and tree lots. (Adopted from R.A. 8371)

Certification Precondition

– It is a document issued by the NCIP attesting that the applicant or project proponent has complied with the requirements for securing the consent of affected ICCs/IPs in accordance to the Free, Prior and Informed Consent Guidelines of 2006.

Customary Law – It refers to a body of written and/or unwritten rules, usages, customs and practices traditionally and continually recognized, accepted, and observed by the IPs.

Free and Prior Informed Consent

– The consensus of all members of the affected IP group is to be determined in accordance with their respective customary laws and practices, free from any external manipulation, interference and coercion, and obtained after fully disclosing the intent and scope of the activity, in a language and process understandable and appropriate to the community. Broad community support may exist even if some individuals or groups object to the project.

Indigenous People

– Refers to a group of people or homogenous societies identified by self-ascription and ascription by other, who have continuously lived as organized community on communally bounded and defined territory, and who have, under claims of ownership since time immemorial, occupied, possessed customs, tradition and other distinctive cultural traits, or who have, through resistance to political, social and cultural inroads of colonization, non-indigenous religions and culture, became historically differentiated from the majority of Filipinos. ICCs/IPs shall likewise include peoples who are regarded as indigenous on account of their descent from the populations which inhabited the country, at the time of conquest or colonization, or at the time of inroads of non-indigenous religions or cultures, or the establishment of present state boundaries, who retain some or all of their own social, economic, cultural and political institutions, but who may have been displaced from their traditional domains or who may have resettled outside their ancestral domains. (Adopted from R.A. 8371)

Meaningful consultation

– A process that (i) begins early in the project preparation stage and is carried out on an ongoing basis throughout the project cycle; (ii) provides timely disclosure of relevant and adequate information that is understandable and readily accessible to affected people; (iii) is undertaken in an atmosphere free of intimidation or coercion; (iv) is gender inclusive and responsive, and tailored to the needs of disadvantaged and vulnerable groups; and (v) enables the incorporation of all relevant views of affected people and other stakeholders into decision making, such as project design, mitigation measures, the sharing of development benefits and opportunities, and implementation issues.

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I. EXECUTIVE SUMMARY

1. This Indigenous Peoples Plan (IPP) intends to address the indigenous peoples’ (IPs) concerns/issues on the Proposed Rehabilitation of Romagooc Purok 3 – Purok 5 Access Road in Barangay Romagooc, Municipality of Kibawe, Bukidnon, which is one of the subprojects under the Integrated Natural Resources and Environmental Management Project (INREMP). The subproject involves the concreting of the 1.842-km access road with a design width of 4 m carriageway and 0.5 m shoulder on both sides including the construction of a three-cell box culvert with thickness of 400 mm, height of 3.8 m and span of 5 m in each cell. The subproject which will be implemented by the Local Government Unit (LGU) of Kibawe has an estimated cost of Php 22,000,000.00 for the duration of 240 calendar days.

2. The ancestral domain claim in Barangay Romagooc is estimated to be around 350 ha covering Puroks 3, 5 and 6 and portions of 4 and 8. The Manobo-Pulangihon Tribal Community represented by Datu Rudy L. Mambantayao has a pending application for recognition of ancestral domain claim before the NCIP. The subproject will benefit a total population of 2,411 of which 65 households or 291 are IPs (143 males and 148 females) belonging to the Manobo Tribe.

3. Two (2) consultations with the affected IPs and Peoples Organization (PO) were conducted by the LGU of Kibawe and DENR-INREMP on April 10, 2019 and April 16, 2019 with the NCIP. The consultations focused on the subproject description, proposed civil works, and anticipated social and environmental impacts, including positive impacts and negative impacts, and proposed mitigation and/or enhancement measures, and implementation schedule. There was a total of 122 participants in the consultations, of which 48% are IPs (30 men and 29 women).

4. The subproject is classified as Category B for IPs based on the ADB Safeguard Policy Statement (SPS) 2009 since the subproject has limited positive and negative impacts, on the Manobo Tribe in the subproject area.

5. The proposed subproject will uplift the living condition and improve the quality of life of the target community considering that more agricultural production will be realized and higher farm gate price generated. Further, the rural infrastructure (RI) subproject aims to improve the mobility of the rural community, and their access to health, education, and social amenities; provide them reliable access to markets and support agricultural and rural development. The subproject will also support the Natural Resources Management (NRM) project activities of the Romagooc Small Lowland Farmers Association, Inc. (R-SLOFAS, Inc) providing easy transport and lowering transportation costs of the projected harvests. Proposed measures to enhance the positive impacts include: (i) passage of a barangay ordinance to regulate traffic flow, vehicular volume, hauling cost of farm produce to the market, hauling cost of seedlings to farm/ plant sites; (ii) IEC and consultations that will consider responsiveness and sensitivity to the traditional culture of the IP community; (iii) provision of trainings on basic financial management and support to the IPs who want to open a bank account; and (iv) development of local first hiring policy, provision of skills training to the IPs and disclosure of employment information.

6. Although there are no significant negative impacts identified during these consultations, the beneficiaries of the subproject mentioned some concerns that may bring about negative impacts to the community if not mitigated such as: (i) increase in the entry of migrants into the area during and after the rehabilitation; (ii) increase in the demand for use of water supply during and after the rehabilitation; (iii) Garbage; (iv) Noise, dust, mud, smoke, possible instances when the road may be blocked, and soil run off to the river; (v) possibility of increase in road accidents upon completion of the rehabilitation; and (vi) possible negative impact on the IP culture. During

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the consultations, the participants perceived that there will be no long-term adverse impacts as long as mitigating measures to address these potential negative impacts are implemented. The mitigation measures identified are: (i) regulating the entry of migrants and implementation of curfew-related ordinance of the barangay; (ii)  ensure compliance of the Certificate of Non-Coverage (CNC) particularly the provisions of Republic Act 9275 or the Philippine Clean Water Act; (iii) compliance of the contractor on the mitigation measures before, during and after construction as stated in the Environmental Management Plan (EMP); (iv) the ordinances of the barangay LGU on speed limit and curfew hours will be disclosed regularly and strictly implemented including installation of speed limit boards along the road; and (v) any other development project that will be implemented as a result of the rehabilitation of the road, the LGU will closely observed the process of engaging the IPs.

7. All participants in the meetings agreed and support the subproject implementation and underscored the benefits that will be derived by the community in the rehabilitation of the access road. The IP participants manifested the IP community’s preference for the conduct of a tribal ritual before the implementation of the subproject.

8. The grievance redress mechanism that will be employed will cater to complaints of IP and non-IP beneficiaries. Complaints involving an IP beneficiary will be addressed through the customary dispute resolution processes while complaints involving non-IP beneficiary will be handled through the usual dispute resolution process established by the LGU. The grievance redress mechanism will be included in the IEC materials that will be disseminated to the beneficiaries.

9. The IPP implementation will be internally monitored by the LGU Sub Project Management Unit (SPMU) and externally by an External Monitoring Agency (EMA). The EMA will submit semi-annual reports to the DENR-INREMP through the National Project Coordinating Office (NPCO), who will submit the reports to ADB for review and disclosure.

10. In terms of capacity building initiatives, the municipality outlines various trainings with respect to all affected IPs, including women and youth. These trainings will be held collectively for a tribe and/or barangay at a time and place chosen by the participants and will be customized for each IP community. Training on IP related issues based on ADB SPS and the Indigenous Peoples Framework of INREMP will be provided to the LGU. The Municipality of Kibawe has allocated a budget for the support to IPs and capacity-building activities in collaboration with other government agencies.

11. The estimated cost for the IPP implementation of the subproject is Php 77,000. This cost will be covered from either INREMP and/or LGU funds activities.

II. INREMP AND SUBPROJECT DESCRIPTION

1. The INREMP, implemented by DENR with funding from Asian Development Bank (ADB), International Fund for Agricultural Development (IFAD), and Climate Change Fund (CCF), addresses the unsustainable watershed management in four (4) priority river basins: (i) the Chico Upper River Basin in the Cordillera Administrative Region, Northern Luzon; (ii) the Wahig–Inabanga River Basin on the island of Bohol in Region 7; (iii) the Lake Lanao River Basin in the province of Lanao del Sur in the Autonomous Region of Muslim Mindanao; and (iv) the Bukidnon Upper River Basin in Bukidnon and Misamis Oriental provinces in Northern Mindanao (Region 10).

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2. INREMP has four (4) outputs namely: (i) River basin and watershed management and investment plans established; (ii) Smallholder and institutional investments in conservation increased and URB productivity enhanced in the forestry, agriculture and rural sectors; (iii) River basin and watershed management capacity and related governance mechanisms strengthened; and (iv) Project management and support services delivered.

3. Under Output 2, the LGU of Kibawe, Bukidnon has proposed the Rehabilitation of Romagooc Purok 3 – Purok 5 Access Road as one of the subprojects under INREMP. The subproject will involve the concreting of the 1.842-km access road with a design width of 4 m carriageway and 0.5 m shoulder on both sides including the construction of a three-cell box culvert with thickness of 400 mm, height of 3.8 m and span of 5 m in each cell (Figure 1).

Figure 1: Location of the Proposed Rehabilitation of Barangay Romagooc Purok 3—Purok 5 Access Road

4. The present condition of the road proposed to be rehabilitated is dilapidated and mostly surfaced by mixed natural limestone, earth, and gravel. The residents of the barangay and other people that are passing the access road are experiencing inconvenience and hazards because of the road’s poor condition. To reach the adjacent barangay, people are riding on a passenger motorcycle or habal-habal paying a high fare. Likewise, farm inputs and farm produce are transported by animal driven carts and small trucks. During rainy season, it is very difficult for motor vehicles to pass through and are prone to accidents because of eroded surface and profoundly rough depressions. Few portions of the access road have been installed with cross drain made of Reinforced Concrete Pipe Culverts (RCPC) but are now mostly dilapidated, clogged, and unserviceable.

5. The residents of the barangay and also the people passing through Purok 3 to Purok 5 access road are experiencing inconvenience and hazards brought about by its poor condition. Farm inputs and produce are transported by “habal-habal” or trucks but they can only travel up to

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Gutapol Creek where the hanging bridge is located. The creek can sometimes be flooded and big rocks block the way making it impassable by four (4)-wheeled vehicles. The road network is the vital link to the different areas of the barangay from the residence of the farmers to the public market where they deliver their harvested crops. Barangay Romagooc is one of the barangays in the municipality that has the greatest number of resident-farmers and has the largest timberland area.

6. The completion of the subproject is expected to: support NRM subproject sites and activities; maximize production area of barangay farmlands through the improvement of the

access road; reduce maintenance cost of vehicles by 20%; increase number of trips by around 20% (from 6 to 8 trips per week per household); reduce transportation fare by about 66% (from 30 to 20); reduce travel time by 62% (from 40 min to 15 min); increase of agricultural production from 0.17mt/ha. to 1.0mt/ha; and reduce cargo cost by 18% (from 1,200 to 984).

7. The subproject will benefit the residents of the barangay comprising of 2,411 individuals in which 1,229 are males and 1,182 are females. The IPs in Barangay Romagooc comprise 12% or 291 individuals (143 males and 148 females). Most of them are hired as farm workers/laborers in the farm plots within the influence barangay area of the proposed subproject, and they will also be using the access road in going to their farmlands to work.

III. SOCIAL IMPACT ASSESSMENT

8. In accordance to the Philippine law and ADB policy on indigenous people’s safeguards, all proposed subprojects must undergo the procedures required in social impact assessment. This is to ensure that indigenous peoples will benefit from a subproject, and that adverse impacts from the subproject will be avoided, or where this is not possible, can be mitigated. Looking at the Philippine history, the indigenous communities including the original settlers in the country were deprived of their rights and displaced since the pre-colonization. Many forms of injustices such discrimination, marginalization and oppression to the IPs continued even after the colonial rule. The injustices to the IPs pushed them to resist against projects intended to benefit them. With that, the rights of the IPs were recognized through the passage of the IPRA law.

A. Relevant Legal and Institutional Framework Applicable to the Indigenous Peoples

9. The ADB, Philippine Government and proponents shall recognize the vital role of IPs as autonomous partners in development and shall fully support the development and empowerment of indigenous people or associations to pursue and protect their legitimate and collective interests and aspirations. Thus, all involved in the project will recognize, protect and promote the rights of indigenous cultural communities/indigenous peoples establishing implementing mechanisms, appropriating funds therefor, and for other purposes.

1. Philippine Constitution of 1987

10. Under the Constitution of the Philippines a number of articles have been included for the protection of the indigenous cultural communities (ICCs). These are:

a. Article II of Section 22 recognizes and promotes the rights of ICCs within the framework of national unity and development.

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b. Article XII of Section 5 empowers the State, subject to the provisions of this Constitution and national development policies and programs, shall protect the rights of ICCs to their ancestral lands to ensure their economic, social, and cultural well-being.

c. Article XIII of Section 6 confers the State shall apply the principles of agrarian reform or stewardship, whenever applicable in accordance with law, in the disposition or utilization of other natural resources, including lands of the public domain under lease or concession suitable to agriculture, subject to prior rights, homestead rights of small settlers, and the rights of indigenous communities to their ancestral lands.

d. Article XIV of Section 2(4) encourages non-formal, informal, and indigenous learning systems, as well as self-learning, independent, and out-of-school study programs particularly those that respond to community needs.

e. Article XIV of Section 17 stipulates that the State shall recognize, respect, and protect the rights of ICCs to preserve and develop their cultures, traditions, and institutions. It shall consider these rights in the formulation of national plans and policies. 

f. Article XVI of Section 12 empowers the Congress to create a consultative body to advise the President on policies affecting ICCs, the majority of the members of which shall come from such communities.

2. Indigenous Peoples Rights Act of 1997 (RA 8371)

11. The Indigenous Peoples (IP) in the Philippines remain as the most marginalized sector of society. This status continues despite the tremendous inroads achieved by communities, partners and advocates through years of struggle. In 1997, as a result vigilance and the sustained advocacy of the IP sector and its partners, the Indigenous Peoples Rights Act (IPRA) was enacted. This provided venue and legal backbone for the recognition of the traditional rights of communities over their ancestral domain.

12. The IPRA provides for the recognition of the traditional rights of Indigenous Peoples over their ancestral domains through the issuance of Certificates of Ancestral Domain Titles (CADTs) or Certificates of Ancestral Land Titles (CALTs). IPRA recognizes the rights of ICC’s to define their development priorities through their own Ancestral Domain Sustainable Development and Protection Plan (ADSDPP) and exercise management and utilize the natural resources within their traditional territories.

3. NCIP Administrative Order No. 3, Series of 2012

13. The National Commission on Indigenous Peoples (NCIP) Administrative Order (AO) No. 3 underscores the policy of the state that no concession, license, permit or lease or undertaking affecting ancestral domains will be granted or renewed without going through the free, prior and informed consent (FPIC) process, which is needed in the issuance of a Certification Precondition (CP) by the NCIP.

4. DENR-NCIP Memorandum of Agreement and Implementing Guidelines

14. The DENR and NCIP entered into a Memorandum of Agreement (MOA) for the implementation of INREMP to ensure that provisions of the NCIP AO No. 3, Series of 2012 or the Revised Guidelines on FPIC and Related Processes of 2012, are fully considered and complied.

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15. Meanwhile, the Implementing Guidelines on the MOA between DENR and NCIP for the Implementation of the INREMP in Municipalities with Indigenous People’s Communities was promulgated with the following objectives:

a. Establish a common understanding and framework for the operationalization of the Memorandum of Agreement between DENR and NCIP for the implementation of the INREMP in areas with indigenous people’s communities;

b. Set the requirements and procedures in ensuring compliance to NCIP AO No. 3, Series of 2012 or the Revised Guidelines on FPIC and Related Processes of 2012;

c. Provide and ensure compliance with the procedure and the standards in the conduct of the required validation process; and

d. Protect the rights of the ICCs/ IPs in the introduction and implementation of plans, programs, projects, activities and other undertakings that will affect them and their ancestral domains to ensure their economic, social and cultural well-being.

5. Basic Principles of ADB Safeguard Policy, 2009 16. The ADB Policy on Safeguards requirement for indigenous peoples recognizes the right of IP to direct the course of their own development. Indigenous people are defined in different countries in various ways. For operational purpose, the term IP is used to refer to a distinct, vulnerable, social and cultural group with following characteristics:

a. Self-identification as members of a distinct indigenous cultural group and recognition of this community by others;

b. Collective attachment to geographically distinct habitats or ancestral territories in the subproject area and to the natural resources in the habitats;

c. Customary, cultural, economic, social or political institutions that are separate from those of dominant society and culture; and

d. A distinct language, often different from the official language of the country or region. 

17. According to ADB policy, IP’s safeguards are triggered if a subproject directly or indirectly affects the dignity, human rights, livelihood systems or culture of Indigenous people or affects the territories, natural or cultural resources that Indigenous people own, use, occupy or claim as their ancestral property.

18. The SPS sets out the following principles for IP safeguards in all subprojects in which ADB is involved:

a. Screen early on to determine (i) whether IPs are present in, or have collective attachment to, the subproject area; and (ii) whether subproject impacts on IPs are likely.

b. Undertake a culturally appropriate and gender-sensitive social impact assessment or use similar methods to assess potential project impacts, both positive and adverse, on IPs. Give full consideration to options the affected IPs prefer in relation to the provision of project benefits and the design of mitigation measures. Identify social and economic benefits for affected IPs that are culturally appropriate and gender and inter-generationally inclusive and develop measures to avoid, minimize, and/or mitigate adverse impacts on IPs.

c. Undertake meaningful consultations with affected IPs communities and concerned Indigenous Peoples organizations to solicit their participation (i) in designing, implementing, and monitoring measures to avoid adverse impacts or, when avoidance is not possible, to minimize, mitigate, or compensate for such effects; and (ii) in tailoring project benefits for affected IPs communities in a culturally appropriate manner. To enhance IPs’ active participation, projects affecting them will provide for culturally

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appropriate and gender inclusive capacity development. Establish a culturally appropriate and gender inclusive grievance mechanism to receive and facilitate resolution of the IPs’ concerns. 

d. Ascertain the consent of affected IPs communities to the following project activities: (i) commercial development of the cultural resources and knowledge of IPs; (ii) physical displacement from traditional or customary lands; and (iii) commercial development of natural resources within customary lands under use that would impact the livelihoods or the cultural, ceremonial, or spiritual uses that define the identity and community of IPs. For the purposes of policy application, the consent of affected IPs communities refers to a collective expression by the affected IPs communities, through individuals and/or their recognized representatives, of broad community support for such project activities. Broad community support may exist even if some individuals or groups object to the project activities.

e. Avoid, to the maximum extent possible, any restricted access to and physical displacement from protected areas and natural resources. Where avoidance is not possible, ensure that the affected IPs communities participate in the design, implementation, and monitoring and evaluation of management arrangements for such areas and natural resources and that their benefits are equitably shared.

f. Prepare an Indigenous Peoples plan (IPP) that is based on the social impact assessment with the assistance of qualified and experienced experts and that draw on indigenous knowledge and participation by the affected IPs communities. The IPP includes a framework for continued consultation with the affected IPs communities during project implementation; specifies measures to ensure that IPs receive culturally appropriate benefits; identifies measures to avoid, minimize, mitigate, or compensate for any adverse project impacts; and includes culturally appropriate grievance procedures, monitoring and evaluation arrangements, and a budget and time-bound actions for implementing the planned measures.

g. Disclose a draft IPP, including documentation of the consultation process and the results of the social impact assessment in a timely manner, before project appraisal, in an accessible place and in a form and language(s) understandable to affected IPs communities and other stakeholders. The final IPP and its updates will also be disclosed to the affected IPs communities and other stakeholders.

h. Prepare an action plan for legal recognition of customary rights to lands and territories or ancestral domains when the project involves (i) activities that are contingent on establishing legally recognized rights to lands and territories that IPs have traditionally owned or customarily used or occupied, or (ii) involuntary acquisition of such lands.

i. Monitor implementation of the IPP using qualified and experienced experts; adopt a participatory monitoring approach, wherever possible; and assess whether the IPP’s objective and desired outcome have been achieved, considering the baseline conditions and the results of IPP monitoring.

B. Brief Description about the Indigenous Peoples in the Subproject Site

19. The section describes the general socio-economic profile of the IPs in Barangay Romagooc. The information was collected from the 2018 IP population survey conducted by the barangay’s IPMR.

21. To ensure that a baseline data of the IPs is obtained to be able to monitor and evaluate if all the impacts by the subproject are effectively managed, a socio-economic survey on the IPs will be conducted before monitoring. Similarly, the LGU will also gather available baseline information from the Municipal Social Welfare and Development Office (MSWDO), Municipal

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Health Office (MHO), and Municipal or Barangay Indigenous People’s Mandatory Representative’s (IPMR) Offices.

1. Population

22. The Manobo Tribe in Barangay Romagooc is composed of 65 households or 291 individuals in which 143 are males and 148 are females. Currently, they are represented by their Tribal Chieftain Datu Rudy M. Mambantayao, and by the designated Barangay IP Mandatory Representative (IPMR) Datu Henry M. Mambantayao.

Table 1: Sex-Disaggregated Data of the IP’s Barangay Population per Purok Sitio/Purok Male Female Total Household Purok 1 35 38 73 14 Purok 2 27 22 49 11 Purok 3 0 0 0 0 Purok 4 24 21 45 12 Purok 5 11 7 18 5 Purok 6 5 3 8 2 Purok 7 21 32 53 10 Purok 8 8 11 19 4 Purok 9 12 14 26 7 TOTAL 143 148 291 65

Source: Based on IP Population Survey conducted by Barangay IPMR Year 2018

23. The population density of Kibawe stood at 1 person per ha, while Barangay Romagooc has a population density of 4 persons per ha.

2. Ethnicity and Cultural Practices

24. The Manobo is a group of indigenous people that inhabit most of Mindanao Island. The anthropologist E. Arsenio Manuel believes that the proto-Manobo were the original people of Mindanao and this explains why they are scattered throughout Mindanao, including the Agusan provinces, Bukidnon, Cotabato provinces, Davao provinces, and Sarangani. There are several subgroups, however, among the Manobo due to linguistic and cultural differences. The Manobo of Maramag speak a language classified by linguists as Western Bukidnon Manobo. This language has three (3) dialects, namely Ilentungen, Kiriyenteken, and Pulangiyen. The Manobo engage in upland cultivation of rice, corn, legume, yams, and sweet potato supplemented by hunting and food gathering. Their settlements are generally kin-oriented nuclear groups located along mountain ridges.

25. The ancestral domain claim in Barangay Romagooc is estimated to be around 350 ha covering Puroks 3, 5 and 6 and portions of 4 and 8. The Manobo-Pulangihon Tribal Community represented by Datu Rudy L. Mambantayao has a pending application for recognition of ancestral domain claim before the NCIP. The subproject will benefit a total population of 2,411 of which 65 households or 291 are IPs (143 males and 148 females) belonging to the Manobo Tribe.

3. Education

26. In Barangay Romagooc’s Day Care Center, there are a total of 71 students of which 45 are males and 26 are females. In its elementary school, there are a total of 380 students of which 185 are males and 195 females. According to the Teacher-in-Charge, the IP students are

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estimated to be around 8% for both the Center and elementary school. These students will be among those who will benefit from the rehabilitation of access road providing lesser travel time and transportation costs.

4. Housing and Living Conditions

27. Based on the Table above, it is only in Purok 3 in which there are no IPs residing. The IPs housing is mostly made of light materials (i.e., wood and bamboo), and with GI sheets roofing. Their source of income is also from farming, mostly hired as farm workers within the barangay.

5. Income and Expenditure

28. The average household income of the IPs in the barangay is only around Two Thousand to Three Thousand Pesos (Php 2,000 to 3,000) per month since most of them are hired as farm tillers or workers. However, such income is being augmented through the government’s 4Ps Program (Pantawid Pamilyang Pilipino Program). Accordingly, there are around 407 individuals who are beneficiaries of the said program in Barangay Romagooc. The 4Ps is a human development measure of the national government that provides conditional cash grants to the poorest of the poor.

29. In the year 2018, Barangay Romagooc obtained an income of around Two Million Eight Hundred Seven Thousand One Hundred and Seventy-One (Php 2,807,171.83). However, the barangay also had expenses totaling to around Two Million Eight Hundred Forty-Eight Thousand Ninety-Eight Pesos (Php 2,848,098.21). This registered a deficit of Php 35,926.38 in spite of the municipality’s subsidy of Php 5,000.00 (Table 2). This would show that the RI subproject under INREMP would provide considerable financial support in rehabilitating the access road. Further, this also stresses the need for the LGU to provide significant financial support for the operation and maintenance of the proposed access road for rehabilitation.

Table 2: Barangay Romagooc’s 2018 Revenue and Expenditure

Revenue Expenditure Percentage (%) Surplus

2,807,171.83 2,848,098.21 101% -40,926.38

(LGU subsidy) 5,000.00

Total Deficit -35,926.38 Source: Municipal Accounting Office, CY 2018

C. Key Subproject Stakeholders

30. The key subproject stakeholders for the IPs are as follows: IP and non-IP households in Barangay Romagooc DENR as the executing agency of the Project; NPCO shall oversee all safeguards compliance and provide technical support in the

preparation and implementation of the IPP; LGU of Municipality of Kibawe and its SPMU shall support the IPP implementation is

the implementing agency of the subproject; LGU of Barangay Romagooc under the guidance of LGU of Kibawe; Council of Elders (CoE) looks after the welfare of the tribe and its members; NCIP that is the primary agency in regulation and support of the IPs in the area; and

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Contractors which are private and independent companies contracted by the LGU/DENR for the subproject implementation.

31. The consultations which involved the key subproject stakeholders are discussed in succeeding sections.

D. Gender-Sensitive Assessment of IP Perceptions

32. During the IPP preparation, consultations with both IP men and IP women regarding the impacts on the IPs by the subproject implementation were conducted on April 10, 2019. To ensure that the gender perspective is addressed, 37% or 55 IP women were also consulted during this activity out of 148 IP women living in Barangay Romagooc based on the 2018 IP survey of the barangay IPMR. Significantly, the women have also been consulted regarding their perspective on the subproject’s anticipated impacts on their livelihood, travelling, transportation of inputs/outputs of farming, etc., and corresponding measures to mitigate the adverse impacts as well as to enhance the positive impacts.

33. The proposed subproject will encourage the involvement of both the males and females. New employment opportunities for the subproject during the construction phase will be created for both IP men and women. Men are to carry out manual and unskilled tasks while women can work as a timekeeper, caretaker of the bunkhouse or to check the attendance of the workers. Moreover, increased productivity, increase in additional income and more opportunities for IP women are the tangible benefits to women with the proposed subproject. Reduction in transportation costs will translate into extra cash for women who do the family budget. Saved extra cash can be spent to other needs of families such as healthcare and education. Ease of transport will directly impact on the improved safety and health of women and children, as healthcare services will be more accessible.

34. The women will also be involved in the planning, consultation, monitoring and evaluation activities as well as during the operation and maintenance of the completed subproject.

E. Anticipated Positive and Negative Impacts of the Subproject and Corresponding Enhancing and Mitigating Measures

35. During the consultation with the IPs and other stakeholders during the IPP preparation, the participants identified the positive impacts and possible negative impacts of the subproject on the IPs. Once the road will be rehabilitated, there will be ease and safe access of the residents in the transportation of their produce to the market. Farm produce such as rice, corn, cacao, coconuts and falcata will be easily transported to the market once the access road is rehabilitated. There will also be more buyers of farms products that will come in the area. In addition, there will also be an increase access to health services including other government services. The beneficiaries mentioned that if someone gets ill or when there is someone who is in labor or in emergency situation, access to the nearest health facility would be speedy. With reduction in the post-harvest losses, travel time, production, hauling and fare costs once the road will be rehabilitated including employment, household income or savings will likely increase.

36. The proposed measures to enhance the positive impacts include: (i) passage of a barangay ordinance to regulate traffic flow, vehicular volume, hauling cost of farm produce to the market, farm produce pricing and hauling cost of seedlings to farm/ plant sites; (ii) IEC and consultations that will consider responsiveness and sensitivity to the traditional culture of the IP community; (iii) provision of trainings on basic financial management and support to the IPs who

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want to open a bank account; and (iv) development of local first hiring policy, provision of skills training to the IPs and disclosure of employment information.

37. Although there are no significant negative impacts identified during these consultations, the beneficiaries of the subproject mentioned some concerns that may bring about negative impacts to the community if not mitigated such as: (i) increase in the entry of migrants into the area during and after the rehabilitation; (ii) increase in the demand for use of water supply during and after the rehabilitation; (iii) Garbage; (iv) Noise, dust, mud, smoke, possible instances when the road may be blocked, and soil run off to the river; (v) possibility of increase in road accidents upon completion of the rehabilitation; and (vi) possible negative impact on the IP culture. During the consultations, the participants perceived that there will be no long-term adverse impacts as long as mitigating measures to address these potential negative impacts are implemented.

38. The mitigation measures identified are: (i) regulating the entry of migrants and implementation of curfew-related ordinance of the barangay. According to Sec. 5 of IPRA, the indigenous peoples have the right to regulate the entry of migrants. This can be enforced through the assistance of the NCIP and in strict coordination with the Municipal and barangay governments; (ii) ensure compliance of the Certificate of Non-Coverage particularly the provisions of Republic Act 9275 or the Philippine Clean Water Act; (iii) compliance of the contractor on the mitigation measures before, during and after construction as stated in the Environmental Management Plan (EMP); (iv) the ordinances of the barangay LGU on speed limit and curfew hours will be disclosed regularly and strictly implemented including installation of speed limit boards along the road and (v) any other development project that will be implemented as a result of the rehabilitation of the road, the LGU will closely observed the process of engaging the IPs as provided for under IPRA and NCIP Administrative Order No. 3. The LGU will also work closely with the different schools to ensure that cultural revival and enhancement activities in the community are observed in close coordination with the NCIP.

39. All participants in the meetings agreed and support the subproject implementation and underscored the benefits that will be derived by the community in the rehabilitation of the access road. The barangay IPMR stressed that there should be a ritual before the rehabilitation begins and during the time when the subproject will be turned over to the barangay.

IV. CONSULTATION, PARTICIPATION AND INFORMATION DISCLOSURE

A. Consultation and Participation

40. There were two (2) consultation meetings that were conducted in Barangay Romagooc with the IP communities and relevant stakeholders by DENR/INREMP and Community Environment and Natural Resources Office (CENRO) Don Carlos and LGU of Kibawe. The consultations provided venue for the discussion of the subproject description, proposed civil works and the anticipated positive and negative impacts and corresponding measures to mitigate the negative and enhance the positive impacts. All the participants confirmed that the rehabilitation of Romagooc Purok 3 – Purok 5 Access is essential for the economic development of the Barangay Romagooc.

41. Consultations with the affected IPs and Peoples Organization (PO) were conducted by the LGU of Kibawe and DENR-INREMP with its consultant on April 10, 2019 and April 16, 2019 with the NCIP. The consultation meetings focused on the subproject description, proposed civil works, and anticipated social and environmental impacts, including positive impacts and negative impacts, and proposed mitigation and/or enhancement measures, and implementation schedule.

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There was a total of 122 participants in the consultations, of which 48% are IPs (30 men and 29 women).

42. Again, 37% or 55 IP women were also consulted during this activity out of 148 IP women living in Barangay Romagooc based on the 2018 IP survey of the barangay IPMR. Women have also been consulted regarding their perspective on the subproject’s anticipated impacts on their livelihood, travelling, transportation of inputs/outputs of farming, and corresponding measures to mitigate the adverse impacts as well as to enhance the positive impacts.

43. The table below summarizes consultation activities which were carried out during the IPP preparation.

Table 3. Number of Participants in the Consultation Meetings during IPP Preparation Date of Consultation Activity Total Males Females April 10, 2019 Meeting with IP community 91 36 55 April 16, 2019 Meeting among Council of Elders,

LGU, DENR representatives and NCIP

31 19 12

Total 122 55 67

44. On April 10, 2019, a public consultation with the assistance of the consultant was conducted with the IP communities, officers and members of R-SLOFAS, Inc. in the subproject area by DENR/INREMP, CENRO Don Carlos and LGU of Kibawe (Appendix 1).

45. As the proposed subproject is within the Manobo-Pulanguihon ICC’s ancestral domain claim, the NCIP facilitated a MOA signing together with the representatives from the LGU, INREMP-DENR and the Manobo Tribal Community on April 16, 2019 (Appendix 2). The said MOA attested that “the SECOND PARTY (DENR-INREMP) has strictly followed the process and requirements set forth in the aforementioned FPIC Guidelines of 2012 whereby the Field-Base Validation and the mandatory activities required in the conduct of the FPIC with due respect to the customs and traditions of the FIRST PARTY (ICC)”. The NCIP has clarified further that the said MOA applies not just to the NRM subproject of INREMP in the barangay but also the RI subproject.

46. The consultations were conducted in the Cebuano and binukid language which are both understood and spoken by the Manobo and the discussions were documented. The results of the consultation were positive, with local people considering that the road rehabilitation will bring significant economic benefits to the barangay and increase trade flows All in all, a total of 122 participants participated in the meetings, of which women account for 55%. Among 122 participants, 59 or 48% belong to the Manobo Tribe.

47. The table below summarizes the concerns and opinions raised by the participants during the consultation meetings and how the concerns and opinions have been addressed.

Table 4. Summary of Stakeholder Views of the Road Rehabilitation in Romagooc, Kibawe Issues Opinions, Suggestion and Concerns

Raised by the Participants How the Opinions, Concerns and

Suggestions have been Addressed Subproject Design

Participants agreed with the rehabilitation of Romagooc Purok 3 to Purok 5 Access Road which involves the concreting of the 1.842-km access

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Issues Opinions, Suggestion and Concerns Raised by the Participants

How the Opinions, Concerns and Suggestions have been Addressed

road with a design width of 4 m carriageway and 0.5 m shoulder on both sides and construction of a three-cell box culvert with thickness of 400 mm, height of 3.8 m and span of 5 m in each cell.

Is the subproject area in the ancestral domain area?

As confirmed by the Barangay IPMR during the consultation, Barangay Romagooc is within an ancestral domain claim.

Anticipated positive impacts and proposed measures to enhance the positive impacts

Once the road will be rehabilitated, there will be ease and safe access of the residents in the transportation of their produce to the market, increase access to health services including other government services ad with reduction in the post-harvest losses, travel time, production, hauling and fare costs once the road will be rehabilitated including employment, household income or savings will likely increase.

Most of the IPs in the subproject area who are unskilled labors wondered whether they are employed by the construction contractor(s).

Employment priority will be given to the IPs in the barangay. Skills training will be provided to the IPs so that the IPs have better opportunities to be qualified for employment.

Information on recruitment will be posted in accessible places.

Anticipated negative impacts and proposed measures to mitigate the negative impacts

Increase in the entry of migrants into the area during and after the rehabilitation of the access road

Enforcement of curfew

Increase in the demand for use of water supply during and after the rehabilitation of the access road

Participants said that water supply is not a problem

Garbage Contractor should follow proper disposal of garbage

Noise, dust, mud, smoke, possible instances when the road may be blocked, and soil run off to the river during road rehabilitation

Possibility of increase in road accidents upon completion of the rehabilitation

Barangay will formulate speed and load limit ordinances

Possible negative impact on the IP culture

Barangay IPMR also stressed the conduct of a ritual before the subproject will begin and during the time when the

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Issues Opinions, Suggestion and Concerns Raised by the Participants

How the Opinions, Concerns and Suggestions have been Addressed subproject will be turned over to the barangay.

Implementation schedule

How long will the road rehabilitation activities complete?

It takes about 8 months to complete the road rehabilitation.

The IPs hope to be informed when the construction works start.

The implementation schedule of the subproject, especially of construction activities will be updated to the IP community regularly.

EMP = Environmental Management Plan; IPs = Indigenous Peoples; IPMR = Indigenous Peoples Mandatory Representative; LGU = Local Government Unit

B. Information Disclosure

48. The final IPP, updated IPP, if any, internal and external monitoring reports will be submitted to ADB for posting on their website, DENR-Forest Management Bureau (FMB), the LGU of Kibawe, and the affected barangay office, DENR regional office, which will make them available to the public in English or Pilipino and made available and accessible, posted if possible, in public places such as barangay halls.

V. BENEFICIAL AND MITIGATIVE MEASURES

49. Table 5 presents the subproject impacts and corresponding enhancing and mitigative measures identified by the beneficiaries during the consultation.

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Table 5. Summary Matrix of Impacts and Enhancement/Mitigation Measures Subproject

Impacts Enhancement or

Mitigative Measures Targets Responsible

Unit Estimated Cost

POSITIVE IMPACTS Easier and safer access in the transport of produce to the market.

The barangay LGU can come up with an ordinance to regulate the traffic flow, vehicular volume and transportation/ hauling cost of farm produce to the market. The SPMU can provide the necessary inputs/ training/ guidance on this to the BLGU.

Residents living in the barangay

LGU of Barangay Romagooc and Council of Elders

Included in the LGU of Barangay Romagooc budget

Increase access to health including other government services

IEC and consultations that will be conducted will consider responsiveness and sensitivity to the traditional culture of the IP community.

Residents living in the barangay, especially IP women

LGU of Kibawe Council of Elders

Included in the LGU of Kibawe budget

Increase in household income.

Trainings on basic financial management will be made part of the capability building intervention. Further, IP families who would want to avail of services of how to open a bank account will be assisted by the LGU in close coordination with NCIP.

Residents living in the barangay, especially IP women

LGU of Kibawe NCIP

Php 3,000 per day for 20 participants

Provision of jobs to qualified IPs as contractual laborer.

Provision of skills training to the IPs so that the IPs can have better opportunities to be qualified for employment.

Development of “local first hiring policy”.

Disclosure of employment information in accessible places such as barangay offices, DENR regional office and tribal halls.

IPs under the working age

LGU of Kibawe Construction contractor(s)

Php 3,000 per day for 20 participants

NEGATIVE IMPACTS Increase in the entry of migrants into the area.

Regulation of the entry of migrants. Continuation of implementing the curfew

People who live outside Barangay Romagooc

LGU of Barangay Romagooc

Included in the LGU of Barangay Romagooc budget

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Subproject Impacts

Enhancement or Mitigative Measures

Targets Responsible Unit

Estimated Cost

as regulated by local authorities. Registration of construction workers residence with the barangay office

Construction workers

Construction contractor(s)

Increase in the demand for use of water supply during and after the rehabilitation of the access road

Ensure Certificate of Non-Coverage (CNC) compliance with the provisions of RA 9275 or the Philippine Clean Water Act

Residents living in the barangay Construction workers

LGU of Barangay Romagooc SPMU Construction contractor(s)

Included in the budget of EMP

Garbage As mitigation measures proposed in the EMP. The barangay LGU and the SPMU should closely monitor the implementation of the contractor(s).

Contractor(s) Construction contractor(s) LGU of Barangay Romagooc SPMU

Included in the budget of EMP

Noise, dust, mud, smoke during road rehabilitation.

As mitigation measures proposed in the EMP. The barangay LGU and the SPMU should closely monitor the implementation of the contractor(s).

Contractor(s) Construction contractor(s) LGU of Barangay Romagooc SPMU

Included in the budget of EMP

Possibility of increase in road accidents upon completion of the rehabilitation.

Regular disclosure of the speed limit ordinance Provision of speed limit boards along the road

All residents LGU of Barangay Romagooc LGU of Kibawe

Included in the LGU of Romagooc budget Included in the LGU of Kibawe budget

Possible negative impact on the IP culture

Conduct of a ritual prior to the start of construction activities and during subproject turnover Cultural revival and enhancement activities in the community.

All residents Construction contractor(s) Council of Elders LGU of Kibawe SPMU

For the ritual, included in the contractor’s budget (estimated to be around Php 7,000). For cultural revival, included in the LGU of Kibawe budget

EMP = Environmental Management Plan; IEC = Information Education and Communication; IPs = Indigenous Peoples; LGU = Local Government Unit; NCIP = National Commission on Indigenous Peoples; SPMU = Subproject Management Unit;

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VI. CAPACITY BUILDING

50. Based on the consultations conducted, certain training interventions are needed to ensure that the community beneficiaries – both IPs and non-IPs and the barangay and Municipal LGUs are knowledgeable and equipped with the appropriate information and skills to be able to execute their roles in the implementation of the project. The capacity building initiatives for the community are outlined with respect to all affected IPs including women and youth. These trainings are meant to be held collectively for a tribe or barangay at a time and place chosen by the participants and would be specifically customized for each target participant. The skills training modules should be in their vernacular language.

51. Before arranging skill development trainings, the IP community will be organized for orientation workshop by designated person in the SPMU with possible assistance from a non-government organization/academe staff in the locality on expected subproject output, benefits and needed skills to enhance the positive impacts and mitigate the negative impacts. The orientation program will comprise sessions on development of the human capital especially women and youth groups by acclimatizing them to the oncoming opportunities, enhancing traditional and other learned skills and empowering them in a socio-culturally beneficial and appropriate manner. Specific trainings will be identified in the orientation workshop and will be organized at various suitably located place as per convenience of the IP community.

52. The capacity building initiatives for the IP community will be supported by the funds of the Municipal LGU. It is hoped that INREMP funds can be provided to support other capacity building initiative that may be needed during the course of subproject implementation.

53. The estimated cost for the capacity building activities will be covered by the fund on aid to cultural minorities or capacity-building activities for the IPs as indicated in the LGU’s 2019 Appropriation Ordinance.

VII. GRIEVANCE REDRESS MECHANISM

54. The LGU of Kibawe has properly conducted the consultations with the different stakeholders of the subproject site. However, it still has to make room for possible issues, concerns, or grievances and disputes arising from the communities in relation to the subproject implementation. Thus, it sets up a grievance redress mechanism (GRM) to provide a venue for resolving grievances and disputes even at the lowest level. This will be done to resolve disputes as early and as quickly as possible before it escalates to an unmanageable level.

55. The GRM set up by the LGU of Kibawe generally applies when the parties involve are non-IPs. In such a case, the BDC through the Lupon will be the first group to be approached by the aggrieved party for any complaint. In case either group cannot resolve the matters within 15 days at their level, they shall make proper documentation of the case and submit the same to the Municipal Development Council (MDC). The MDC will be the body to resolve the grievances endorsed to them by the BDC. In case the MDC is not able to resolve the disputes within 15 days, the Complainant may then submit his/her complaint directly to the PPMC for INREMP, which will make every attempt to resolve the grievances at the local level. Lastly, if the complaint is not addressed to the satisfaction of the complainant and/or the public, the Complainant may then submit his/her complaint directly to the appropriate courts who will make every attempt to resolve the problem. The Punong Barangay of Romagooc, Hon. Serino B. Butron, will act as the contact person and the GRM head at the barangay level. He may be reached through Cellphone Number 09974525140.

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56. Meanwhile, as traditionally done, complaints of any member off the IP communities regarding the subproject implementation, including the IP issues will be addressed within the community itself in the context of their customary law and customary dispute resolution process. In resolving disputes among the IPs in the subproject area, the determination or decision is usually reached through dialogue and consensus. There may be several conflict resolution sessions according to the specific tribe’s customary laws before the dispute is resolved. Thus, there is no clear definite timeline on when the conflict or dispute should be settled at the level of the clan and the Council of Elders (CoE). The contact person for all disputes concerning IPs will be the Barangay Tribal Chieftain of the Manobo’s, Datu Rudy M. Mambantayao, and by the designated Barangay IP Mandatory Representative Datu Henry M. Mambantayao. Their contact details are 09094954486 and 09363222448, respectively.

57. Grievance will be handled as follows: Dispute/grievance will be resolved first among the members of the clan; If the said grievance/dispute is not resolved at the clan level, this will be brought to the

level of the Council of Elders (COE); and If still unresolved at the COE level, the said dispute/grievance will be submitted to the

NCIP Regional Hearing Officer (RHO), for resolution, where the decision will be final and executory. The dispute/ grievance will be heard and adjudicated in

58. Complainants shall be exempted from all administrative and legal fees incurred pursuant to the grievance redress procedures. The LGU of Kibawe and the Barangay LGU will maintain proper documentation of all complaints received and actions taken. Monthly reports on all complaints, disputes or questions received about the subproject and corresponding actions taken to resolve the issues will be prepared by the SPMU. These reports will be included in the semi-annual internal monitoring reports to be submitted to ADB. VIII. MONITORING, REPORTING AND EVALUATION

59. The IPP implementation will be monitored to (i) ensure that mitigation measures designed to address adverse social impacts and enhance positive impacts are adequate and effective; (ii) determine if there are any emerging issues and concerns of the IP community regarding the subproject implementation; and (iii) propose corrective actions when needed.

A. Internal Monitoring

60. The DENR will set up an internal monitoring system comprising of an IP Safeguard Officer, IP community and representative of the affected IPs through their respective tribe and any other social institutions to monitor the IPP implementation. For daily monitoring of IPP, the Regional Project Coordinating Office (RPCO) will engage one dedicated person at community level, who will interact closely with the affected IP community on a priority basis. The staff will also disclose project information, and IP activities and program schedule. The RPCO will also observe progress at construction site and make plan of activities in accordance with IPP schedule in advance. The Implementing RPCO field person will monitor this activity. The Social Safeguards Expert will provide guidance to the RPCO, IP Safeguard Officer to carry out the tasks. Periodic internal monitoring report will be prepared by the IP Safeguard Officer.

61. The Council of Elder (CoE) may form one participatory monitoring group from a community who will monitor implementation activities including IPP and civil construction works. This community level participatory monitoring group will be trained by the RPCO who will work in close association with the community group and give necessary feedback to support internal daily monitoring and supervision of subproject construction and IP activities.

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62. The indicators for internal monitoring of the IPP implementation is presented in Appendix 3. B. External Monitoring 63. An external monitoring agency (EMA) will also be engaged by the DENR. The EMA will be either a qualified individual or a consultancy firm with qualified and experienced staff. Activities to be undertaken by the EMA are as follows:

conduct a socio-economic baseline survey; verify results of internal monitoring; verify and assess the results of the subproject IEC for IPs and non-IPs; assess efficiency, effectiveness, impact and sustainability of IPP implementation; suggest modification in the implementation procedures of the IPP if necessary, to

achieve the principles and objectives of the INREMP IPPF; and review of the handling of compliance and grievances cases.

64. The indicators for external monitoring of the IPP implementation is presented in Appendix 4. C. Reporting 65. The RPCO will submit quarterly monitoring report to NPCO. The NPCO will consolidate all reports and will prepare periodical reports for submission to ADB. In addition, NPCO will prepare semi-annual social safeguards monitoring report (SMR). The EMA will submit semi-annual reports to NPCO, who in turn, will be responsible for submitting the SMRs to ADB for review and disclosure. Monitoring reports will be uploaded on the ADB and INREMP websites for disclosure. IX. INSTITUTIONAL ARRANGEMENT

66. The Department of Environment and Natural Resources (DENR) is the executing agency for the INREMP and DENR has full responsibility for Project administration and management. The National Project Coordinating Office (NPCO) has been established at the DENR Central office to oversee the project implementation, including all safeguards compliance and technical support in the preparation and implementation of the IPP. The tasks of NPCO are to:

Coordinate with NCIP and field implementing units in the preparation, planning, and if needed, revision of the IPP;

Monitor the IPP implementation and fund disbursement; Address grievances filed at its offices by the IPs for conflict mediation if these are not

resolved at the regional level; and With NCIP, amend or complement the IPP in case problems are identified during the

internal and/or external monitoring of its implementation. 67. LGU of Barangay Romagooc and the R-SLOFAS, Inc. will be responsible to:

Support the LGU of Kibawe in the IPP implementation; Facilitate consultations with the IPs; Conduct information disclosure of the subproject including posting the relevant

documents in accessible places and delivery of IEC materials to the IPs;

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Coordinate with the SPMU in monitoring the implementation of the proposed measures as specified in the approved IPP and follow up the resolution of complaints and grievances raised by the IPs.

68. Municipal LGU of Kibawe is the implementing agency of the subproject. The Municipal LGU is responsible for the following tasks.

Ensure that sufficient funds are available to properly implement the IPP; Ensure that subproject implementation complies with the ADB SPS 2009 and

regulations of the Government and tribal groups; Obtain necessary approval(s) from NCIP and/or other concerned government

agencies prior to commencement of activities; Ensure that tender and contract document for design, supervision and civil works

include the relevant IPP requirements; Facilitate resolution of affected peoples' concerns; Monitor the implementation of the measures specified in the approved IPP; Submit periodic reports of implementation progress to the DENR; Provide funds in capacity building needs identified to capacitate the IP stakeholders

69. Sub-project Management Unit (SPMU) was created by the LGU of Kibawe through Executive Order No. 12 series of 2019 (Appendix 5). The SPMU is composed of four (4) sub-units: a) Infrastructure Management Unit; b) Social Environmental Safeguards Management Unit; c) Finance Management Unit and d) Monitoring and Evaluation Unit. The SPMU is mainly tasked to ensure that the implementation of the subproject and corresponding IP Plan and EMP are properly executed. Specifically, the SPMUs is expected to:

Prepare, implement and comply with the required social, technical and environmental safeguards, such as, but not limited to resettlement plan, acquisition of right of ways, environmental compliance certificate/ certificate of non-coverage to ensure the readiness of the subproject relative to these;

Incorporate social dimensions to the subproject design and implementation by conducting public consultation, information education and advocacy to the local development council and the communities;

Design and implement strategies and mechanisms to ensure sustainability of the subproject to include cost recovery, among others.

Ensure that IPP provisions are strictly implemented and monitored during the various project phases;

Adopt monitoring and evaluation system to generate baseline data and to monitor and evaluate the benefits and impact of the subproject.

70. National Commission Indigenous Peoples (NCIP) has responsibility to observe and comply with its duties and functions as follows.

Protect and promote the interest and well-being of the IPs with regard to their beliefs, customs, tradition and institutions;

Issue appropriate certification as a pre-condition to the issuance of permits, leases, grants or any other similar authority for the disposition, utilization, management, and appropriation by any private individual, corporate entity or any government agency, corporation or subdivision thereof on any part or portion of ancestral domains taking into consideration the consensus approval of the IPs concerned.

Ensure all terms and conditions stipulated in the Contract of Usufruct be respected and implemented and may impose sanctions or penalties for non-compliance with and/or violations of the terms and conditions of the Contract of pursuant to the

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pertinent provisions of the IPRA and other related Administrative orders and issuances;

Exercise its authority to conduct visitation of the area relative to the applicant’s program in order to secure the conditions and well-being of the ICCs/IPs;

Handle grievances of the IPs if the grievances are not resolved satisfactorily at the level of CoE.

71. The Safeguards Specialist of NPCO will assist and work closely with the NPCO, and Municipal LGU of Kibawe as follows:

The safeguards specialist of NPCO will undertake the supervision and monitoring of the IPP implementation and contractor’s performance.

Closely supervise and monitor the contractor’s implementation of proposed measures specified in the IPP.

Assist the LGU in preparing semi-annual monitoring reports on the progress of the IPP implementation.

Facilitate capacity building needs identified to capacitate the IP stakeholders.

72. The Project Management Implementation Consultants (PMIC) The PMIC will be engaged to assist and work closely with the National Project Coordinating Office, Regional Project Coordinating Office, and concerned LGU on the various activities, including providing capacity to implement and monitor the IP activities.

73. The indicative implementation schedule of the IPP is presented in the table below.

Table 6: Implementation Schedule Activities Indicative Schedule

Setting up of subproject management unit May 2019 Procurement of contractor or bidding process June – August 2019 Review and Approval of the IPP September 2019 Disclosure of the IPP September 2019 Subproject Implementation October 2019-May 2020 Implementation of IPP October 2019 – April 2020 Updating of IPP April 2020 Implementation of mitigation measures and enhancement measures

Start in October 2019

Capacity Building Start in November 2019 Internal Monitoring Continuous, starting 4th quarter 2019 External Monitoring Semi-annual (May and November) Submission of monitoring reports to ADB Semi-annually

X. BUDGET AND FINANCING

74. The estimated budget for the implementation of the IPP including the proposed capacity building activities is shown in the table below.

Table 7. Proposed Budget for the Implementation of the IPP Identified Intervention Proposed

Schedule Fund Source Estimated

Budget (Php) A. Capacity Building

Orientation of Indigenous People November 2019 LGU of Kibawe 5,000.00

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Capacity building for the IP beneficiaries

November 2019 LGU of Kibawe 10,000.00

Capacity building for staff of Municipal and Barangay LGU of Kibawe

October 2019 Will be sourced from INREMP

10,000.00

B. Implementation of mitigation measures

2019-2020 Will be sourced from INREMP

10,000.00

C. Implementation of enhancement measures

2019-2020 Will be sourced from INREMP

10,000.00

E. Gender Dimension October 2019 Will be sourced from INREMP

10,000.00

F. Grievance Redress Mechanism October 2019 Will be sourced from INREMP

5,000.00

G. Monitoring and Evaluation 2019-2020 Will be sourced from INREMP

10,000.00

H. Contingency (10%) 7,000.00

Total Amount 77,000.00

75. The Municipality of Kibawe has allocated around Php 250,000.00 as aid to cultural minorities and capacity-building activities for the IPs in collaboration with other government agencies as indicated in the LGU’s Appropriation Ordinance for 2019 (Appendix 6).

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Appendix 1. Public Consultation Minutes on April 10, 2019  

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Appendix 2. MOA of the LGU, DENR-INREMP, NCIP and ICC on April 16, 2019

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Appendix 3. Internal Monitoring Indicators (Adapted from ADB’s Handbook on Resettlement: A Guide to Good Practices, 1998)

Issues Monitoring Indicators

1. Budget and Timeframe Have capacity building and training activities been completed on schedule?

Are IPP activities being implemented, and targets achieved against the agreed time frame?

Are funds for the implementation of the IPP allocated to the proper agencies on time?

Have agencies responsible for the implementation of the IPP received the scheduled funds?

Have funds been disbursed according to the IPP? Has social preparation phase taken place as scheduled? Has all clearance been obtained from NCIP?

2. Public Participation and Consultation

Have consultations taken place as scheduled including meetings, groups and community activities? Have appropriate leaflets been prepared and distributed?

Have any complainants used the grievance redress procedures? What were the outcomes?

Have conflicts been resolved? Was the social preparation phase implemented? Were separate consultations done for the IPs? Was the conduct of these consultations inter-generationally

exclusive, gender fair, free from external coercion and manipulation, done in a manner appropriate to the language and customs of the affected IP community and with proper disclosure?

How was the participation of IP women and children? Where they adequately represented?

Have the consultations and information disclosure been conducted in the IP language?

3. Benefit Monitoring What changes have occurred in patterns of occupation, production and resources use compared to the pre-project situation?

What changes have occurred in income and expenditure patterns compared to pre-project situation? What have been the changes in cost of living compared to pre-project situation? Have APs’ incomes kept pace with the changes?

What changes have taken place in key social and cultural parameters relating to living standards?

What changes have occurred for IPs? Has the situation of the IPs improved, or at least maintained,

as a result of the project? Are IP women reaping the same benefits as IP men? Are negative impacts proportionally shared by IP men and

women?

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Appendix 4. External Monitoring Indicators (Adapted from ADB’s Handbook on Resettlement: A Guide to Good Practice, 1998)

Issues Monitoring Indicators

1. Basic Information on IP Households

Location; Composition and structures, ages, education and skill

levels; Gender of household head; Ethnic group; Vulnerability; Access to health, education, utilities and other social

services; Housing type; Land use and other resource ownership and patterns; Occupation and employment patterns; Income sources and levels; Agricultural production data (for rural households); Participation in neighborhood or community groups; Access to cultural sites and events; Value of all assets forming entitlements and resettlement

entitlements; 2. Consultation and participation Number of consultation and participation activities that occur –

meetings, FGDs, information dissemination, brochures, flyers, training;

Percentage of IPs as participants; Number of meetings exclusively with IP women; Location of information disclosure; Languages used at meetings and information disclosure; and Consultation and participation progress against plan and

budget; Representation of the NCIP in the public consultation

meetings. 3. Grievance redress Number of complaints and grievances raised by the IPs;

Nature of grievance; Number of complaints and grievances resolved according to

the customary dispute resolution process; Number of complaints and grievances not resolved and

reasons for not being resolved yet; Satisfaction of the complainants about the resolution; Documentation of complaints and grievances of affected

IPs. 4. Implementation of mitigation measures and beneficial measures

Awareness of IPs on recruitment information; Number of jobs created by the Project during the construction

phase; Number of IPs employed by the construction contractors

disaggregated by gender and age group; Number of IPs participating in the capacity training programs; Number of IPs provided with IEC materials disaggregated by

gender; Languages used in the training sessions and IEC materials;

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Issues Monitoring Indicators

Check whether the mitigation measures and enhancement measures as specified in the agreed IPP are implemented.

4. Levels of IP Satisfaction How much do IPs know about grievance procedures and conflict resolution procedures? How satisfied are those who have used said mechanism?

How much do the affected IP communities know about the IPPF?

Do they know their rights under the IPPF? How much do they know about the grievance procedures

available to them? Do they know how to access to it? How do they assess the implementation of the IPP?

5. Other Impacts Were there unintended social impacts? Were there unintended impacts on employment or

incomes?

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Appendix 5. Executive Order Creating the Subproject Management Unit (SPMU)

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Appendix 6. Kibawe Budget for the Support to IPs (Excerpt)

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