Indigenous Peoples Plan Project number: 41220-013 September 2019

PHI: Integrated Natural Resources and Environmental Management Project Subproject: Rehabilitation of Malusong to Mabongtot Footpath, Lubuagan, Kalinga Prepared by the Municipality of Lubuagan, Kalinga for the Department of Agriculture, Department of Environment and Natural Resources, and the Asian Development Bank

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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 15 August 2019) Currency unit – peso (PhP)

PhP1.00 = $0.01941 $1.00 = PhP 51.505

ABBREVIATIONS

4Ps ADB

Pantawid Pamilyang Pilipino Program Asian Development Bank

ADSDPP BPMET CADT CBMS CHARMP COE

Ancestral Domains Sustainable Development and Protection Plan Barangay Participatory Monitoring and Evaluation Team Certificate of Ancestral Domain Title Community-Based Monitoring System Cordillera Highland Agricultural Resources Project Council of Elders

DA Department of Agriculture DENR FGD FPIC GRM ICC

Department of Environment and Natural Resources Focus Group Discussion Free, Prior and Informed Consent Grievance Redress Mechanism Indigenous Cultural Community

IEC Information, Education and Communication IEE Initial Environmental Examination INREMP Integrated Natural Resources and Environmental Management Project IP IPPF IPP IPRA

Indigenous People Indigenous Peoples Planning Framework Indigenous Peoples Plan Indigenous Peoples Rights Act

LGU MOA NCIP

Local Government Unit Memorandum of Agreement National Commission on Indigenous Peoples

NPCO National Project Coordinating Office PENRO Provincial Environment and Natural Resources Office PMIC Project Management and Implementation Consultant PO People Organization PSO RA

Project Support Office Republic Act

SPMU Subproject Management Unit SPS Safeguard Policy Statement

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TABLE OF CONTENTS

I. EXECUTIVE SUMMARY ....................................................................................................... 1 II. INREMP AND SUBPROJECT DESCRIPTION ..................................................................... 3 III. SOCIAL IMPACT ASSESSMENT ......................................................................................... 5

A. Relevant Legal and Institutional Framework Applicable to the Indigenous Peoples .......... 5 1. Philippine Constitution of 1987 ....................................................................................... 5 2. Indigenous Peoples Rights Act of 1997 (RA 8371) ........................................................ 6 3. NCIP Administrative Order No. 3, Series of 2012 .......................................................... 6 4. DENR-NCIP Memorandum of Agreement and Implementing Guidelines ...................... 6 5. Basic Principles of ADB Safeguard Policy, 2009 ............................................................ 7

B. Brief Description about the Indigenous Peoples in the Subproject Site ............................. 8 1. Population ......................................................................................................................... 9 2. Ethnicity and Cultural Practices ........................................................................................ 9 3. Education ........................................................................................................................ 11 4. Means of Livelihood and Income .................................................................................... 11 5. Poverty ............................................................................................................................ 11 6. Living Conditions .......................................................................................................... 12

C. Key Subproject Stakeholders ........................................................................................... 12 D. Anticipated Positive and Negative Impacts of the Subproject and Corresponding Enhancement Measures and Mitigation Measures ................................................................. 12 E. Gender Sensitive Assessment of Indigenous Peoples Perceptions ................................ 14

IV. INFORMATION DISCLOSURE, CONSULTATION AND PARTICIPATION ........................ 15 A. Consultation and Participation Conducted during the IPP Preparation ............................ 15 B. Information Disclosure ..................................................................................................... 17

V. BENEFICIAL AND MITIGATIVE MEASURES ..................................................................... 17 VI. CAPACITY BUILDING ......................................................................................................... 18 VII. GRIEVANCE REDRESS MECHANISM .............................................................................. 19 VIII. MONITORING, REPORTING AND EVALUATION .............................................................. 20

A. Internal Monitoring ........................................................................................................... 20 B. External Monitoring .......................................................................................................... 20 C. Reporting .......................................................................................................................... 21

IX. INSTITUTIONAL ARRANGEMENT ..................................................................................... 21 X. BUDGET AND FINANCING ................................................................................................ 23

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LIST OF TABLES

Table 1: Summary of Consultation Meetings with IP Communities Conducted during the IPP Preparation ................................................................................................................................. 15 

Table 2: Summary Matrix of Impacts and Mitigation Measures/ Enhancement Measures ......... 18 

Table 3: Implementation Schedule ............................................................................................. 23 

Table 4: Estimated Budget for the IPP Implementation .............................................................. 24 

LIST OF FIGURES

Figure 1: Location of the proposed subproject in Lubuagan, Kalinga ............................................ 4

LIST OF APPENDICES

Appendix 1: NCIP Certification on Ancestral Domain and Certification Precondition ................. 26

Appendix 2: Minutes of Meeting, Attendance Sheet and Pictures ............................................. 28

Appendix 3: Sangguniang Bayan Resolution Accepting and Supporting the Subproject ........... 57

Appendix 4: Internal Monitoring Indicators .................................................................................. 59

Appendix 5: External Monitoring Indicators ................................................................................ 60

Appendix 6: Executive Order Organizing the Subproject Management Unit .............................. 61

 

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GLOSSARY

Ancestral Domain

– Refers to all areas generally belonging to Indigenous Cultural Community/ Indigenous Peoples (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 (Indigenous Peoples Rights Act - IPRA)).

Ancestral Domain Sustainable Development and Protection Plan (ADSDPP)

– 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 Indigenous Peoples Plan (IPP), but where ADSDPP is all encompassing, planning for IPP 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 terraces or paddies, private forests, 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

– 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

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Consent 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 Peoples

– 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) will address the indigenous peoples (IP)’ concerns on the proposed rehabilitation of Malusong to Mabongtot footpath located in Barangay Mabongtot, Lubuagan, Kalinga. The Municipal Local Government Unit (LGU) of Lubuagan has proposed the footpath rehabilitation as one of the subprojects under the Integrated Natural Resources and Environmental Management Project (INREMP). The Department of Agriculture (DA) is the implementing agency of the infrastructure rural subprojects under the INREMP.

2. Based on the subproject preliminary design, the footpath will have a total length of 2,000 meters, pavement width of 0.90 meter, and thickness of 0.10 m. Railings on some critical areas will be installed to guarantee safety of the passers and grouted riprap will also be provided in some areas especially the road section passing the rice paddies to safeguard the rice paddies and prevent the footpath from erosion.

3. Barangay Mabongtot is Ancestral Domain, which has been certified by the National Commission on Indigenous Peoples (NCIP). According to the Municipal Planning Development Council (MPDC) of Lubuagan, about 98% of Mabongtot residents are IPs belonging to the Imabongtot sub-tribe of the Kalinga Tribe.

4. During the IPP preparation, two public consultation meetings with the local IP residents in Barangay Mabongtot were conducted by the staff of Municipal LGU of Lubuagan and DA-INREMP with the assistance of its consultant - Center for Environmental Studies and Management (CESM) in April and November 2018. There were 197 participants in the meetings included IP residents, the tribal leader of the community, representatives of the Municipal LGU of Lubuagan, LGU of Barangay Mabongtot, Department of Environment and Natural Resources (DENR) and the NCIP, of which 125 were women. There were no focus group discussions (FGDs) conducted with the IP women however their issues and concerns were carried out during the period and there is no activity conducted under the subproject without the participation of both men and women in the community. The consultations with the local IP community focused on the issues including (i) project and subproject description based on the preliminary design; (ii) potential impacts of the subproject on the IP community including positive impacts and negative impacts; (iii) proposed enhancement measures and mitigation measures for the impacts; (iv) establishment of Barangay Participatory Monitoring and Evaluation Team (BPMET); (v) grievance redress mechanism (GRM); and (vi) implementation schedule. The consultation meetings were carried out in the Ilocano language which is understandable to all the IP residents.

5. The results of consultation with the IP community and local authorities during the IPP preparation indicate that the subproject will cause some limited impacts including both positive impacts and negative impacts on the IP community in barangay Mabongtot, the subproject is categorized as B for IPs, based on the ADB’ Safeguard Policy Statement (SPS), 2009.

6. The subproject will directly benefit the residents of Barangay Mabongtot with a total population of 645. The positive impacts of the subproject on the local IP community identified by the IP beneficiaries are (i) increased road safety for the IP residents in the barangays; (ii) increased access of local people to social services such as health, educational facilities and markets as well as to their farms; (iii) increased income of the IP households due to increased profit from agricultural production and/or additional income in the short term from working as laborers for the construction contractor; and (iv) promoted eco-tourism in the subproject area. Enhancement measures for the positive impacts which have been developed in consultation

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with the IP community are (i) implementation of regular maintenance of the footpath during the operation phase; (ii) provision of training on household financial management to the IP households; (iii) cultural revival education among the locals and the youth of the area and cultural sensitivity orientation for the incoming visitors in the area, and (iv)promotion of tourism industry in the area.

7. The participants in the consultation meetings confirmed that the proposed subproject will not, in any way, affect the IP’s socio-cultural and belief practices. Moreover, it will not negatively affect the livelihood systems of the local IPs. There will be no land acquisition impacts caused by the subproject since the footpath is existing. The participants were only concerned about the migrant workers who can cause disturbance to local residents and they also suggested that profiles of migrant workers should be registered with the barangay office and local IP laborers should be hired in priority. Furthermore, traditional values of Imabongtot tribe would be affected due to increased interactions with other people coming to the community. In contacting with the outsiders, different values would be observed and adopted by Imabongtot people and by that way the traditional values would be affected. An awareness raising campaign on protection of traditional values of the Imabongtot tribe should be organized in the subproject barangay, which has been proposed as a mitigation measure for the negative impact. Other issues raised by the participants are waste from residual and packaging materials and removed soil and earth from the excavation of the footpath foundation, which are identified as environmental impacts and will be incorporated into the environmental management plan.

8. Information disclosure and consultation will be conducted continuously throughout the subproject implementation. The DA-INREMP, the Municipality of Lubuagan and barangay office, the Provincial Environmental and Natural Resource Office (PENRO), and the DENR regional office, which will make the IPP in available in the IP language to the public by posting the document in accessible places such as tribal halls and the barangay office. The final updated IPP and monitoring reports will also be uploaded on the ADB and INREMP websites for disclosure.

9. In terms of the GRM, grievances raised by the IP community during the subproject implementation will be handled following the traditional conflict resolution system in priority, which has been consulted with and agreed by the IP community in the consultation meetings. In resolving disputes among the IPs, the determination or decision will usually be reached through dialogue and consensus.

10. In terms of monitoring, reporting and evaluation, the IPP implementation will be internally monitored by the DA-INREMP through Project Support Office (PSO) and externally by an external monitoring agency (EMA). The EMA will submit semi-annual reports to the DA-INREMP and DENR, and DENR through the National Project Coordinating Office (NPCO) will be responsible for submitting the reports to ADB for review and disclosure. Additionally, the BPMET which is composed by both male and female volunteers from the community has been established to monitor, evaluate and report all the subproject activities including the implementation of the mitigation measures and the enhancement measures as described in the agreed IPP.

11. In terms of the capacity building initiatives, training on household financial management and project monitoring, evaluation and reporting will be provided to the IP community. These trainings are meant to be held at a time and place chosen by the participants and will be specifically customized for each target participant. Meanwhile, trainings on IP-related issues based on the requirements of ADB SPS, 2009 and the Indigenous Peoples Planning Framework

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(IPPF) of the INREMP will be provided to the Municipal LGU of Lubuagan, Barangay LGU of Mabongbot and Subproject Management Unit (SPMU). The BPMET members will also be trained in terms of monitoring, evaluation and reporting of the subproject activities.

12. The estimated budget for the IPP implementation of the subproject is Php 201,625.60. The budget includes cost of capacity building activities, cost of implementation of the mitigation measures and enhancement measures and contingency cost. This budget will be covered from the fund of the DA-INREMP.

II. INREMP AND SUBPROJECT DESCRIPTION

1. The INREMP is being implemented by the DENR through NPCO in collaboration with the ADB and International Fund for Agricultural Development (IFAD), grants from Climate Change Fund (CCF) and Global Environmental Facility (GEF), and financial contributions from national and local governments.

2. The INREMP addresses unsustainable watershed management in the 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). With focus on the IPs and resource-poor communities, the project is envisioned to reduce and reverse degradation of watersheds and associated environmental services caused by forest denudation and unsustainable farming practices. The INREMP is also intended to provide incentives to local communities, LGUs, and the DENR for improving natural resource management by generating enough and tangible economic benefits.

3. The INREMP has four (4) components which correspond to outputs consolidated based on extensive consultations with stakeholders and beneficiaries. The components are the following: (i) River basin and watershed management and investment planning; (ii) Smallholder and institutional investments in forest protection and conservation, reforestation, rehabilitation and improvement of rural infrastructure; (iii) Strengthening of river basin and watershed management capacity and related governance mechanisms; and (iv) Project management and support services.

4. The Municipal LGU of Lubuagan has proposed the rehabilitation of Malusong to Mabongtot Footpath, Lubuagan as one of the subprojects under the Component 2 of the INREMP.

5. The proposed subproject is located in Barangay Mabongtot, Lubuagan, Kalinga. The subproject will start at Malusong, Antonio Canao towards Barangay Mabongtot. The location of the subproject is shown as Figure 1. The road will have a total length of 2,000 meters, pavement width of 0.90 meter, and thickness of 0.10 m.

6. The proposed footpath will be rehabilitated intermittently since some minimal portions are already paved, meanwhile others are broken or already damaged. The footpath steps height will be designed not be too high as it will be hard for the women and children to climb through it. Railings on some critical areas will be installed to guarantee safety of the passers. Additionally, grouted riprap will also be provided in some areas especially where the footpath passes the rice paddies to safeguard the rice paddies and prevent the footpath from erosion.

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7. The proposed subproject is located within the ancestral domain of which is currently on process with NCIP for Certificate of Ancestral Domain Title (CADT). The certification issued by the NCIP is attached in Appendix 1.

8. The existing footpath improvement will benefit the local people, especially IP residents.

9. The proposed subproject aims for the safety of the passers and provide lesser hiking time and enhanced delivery of social and economic services.

Source: LGU of Lubuagan, Kalinga

Figure 1: Location of the proposed subproject in Lubuagan, Kalinga

10. The subproject will directly benefit 1,623 residents living in Barangay Mabongtot and Barangay Antonio Canao. Among the total beneficiaries, 98 percent belong to the Mabungtot tribe including 346 males and 299 females according to CBMS 2015. Service providers such as government agencies and other institutions will also benefit for their easier and safer access to Barangay Mabongtot. High school, senior high school and college students who pass this footpath every week will be benefitted when they go to their families to get their supplies every week. The installations of hand rails and concreted footsteps will provide safety for local people, especially for persons with disabilities, the elderly, women, and children.

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III. SOCIAL IMPACT ASSESSMENT

11. In accordance to the Philippine law and ADB policy IP’s safeguards, all proposed projects must undergo the procedures required. This is to ensure that IPs will benefit from a project, and that adverse impacts from the project will be prevented, or where this is not possible, can be mitigated or compensated for. 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 the projects and to the government lead by elders or leaders. With that, the rights of the IPs were recognized through the approval of the Indigenous Peoples Rights Act (IPRA) law, although it went through a lot of struggles and conflict. The law is meant to correct the historical injustices, and fulfill the constitutional mandate.

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

12. 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 IP 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 (ICCs/IPs) establishing implementing mechanisms, appropriating funds therefor, and for other purposes.

13. Under Constitution of the Philippines a number of Articles have been included for the protection of the ICCs in particular. These are:

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

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.

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.

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.

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.

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.

1. Philippine Constitution of 1987

14. Under Constitution of the Philippines a number of articles have been included for the protection of the indigenous cultural communities in particular. These are:

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

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 indigenous cultural communities 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 indigenous cultural communities 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 indigenous cultural communities, the majority of the members of which shall come from such communities.

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

15. The IPs in the Philippines remain as the most marginalized sector of society. This status continues despite the tremendous in footpaths achieved by communities, partners and advocates through years of struggle. In 1997, as a result of vigilance and the sustained advocacy of the IP sector and its partners, the IPRA was enacted. This provided venues and legal backbone for the recognition of the Traditional Rights of communities over their ancestral domain.

16. The IPRA provides for the recognition of the traditional rights of IPs over their ancestral domains through the issuance of CADT. It recognizes the rights of ICCs 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

17. The 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

18. The DENR and NCIP entered into a Memorandum of Agreement (MOA) for the implementation of INREMP to ensure that provisions of the NCIP Administrative Order No. 3,

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Series of 2012 or the Revised Guidelines on FPIC and Related Processes of 2012, are fully considered and complied.

19. Meanwhile, the Implementing Guidelines on the MOA between DENR and NCIP for the Implementing of the INREMP in Municipalities with IP Communities, was promulgated with the following objectives:

a. Establish a common understanding and framework for the operationalization of the MOA between DENR and NCIP for the implementation of the INREMP in areas with IP communities;

b. Set the requirements and procedures in ensuring compliance to NCIP Administrative Order 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

20. ADB Policy on Safeguards requirement for IPs recognizes the right of IP to direct the course of their own development. IP 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 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. 21. According to ADB policy IP safeguards are triggered if a project directly or indirectly affects the dignity, human rights, livelihood systems or culture of IP or affects the territories, natural or cultural resources that IP own, use, occupy or claim as their ancestral property.

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

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

b. Undertake meaningful consultations with affected IP communities and concerned IP 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 IP communities in a culturally appropriate manner. To enhance IPs active participation, projects affecting them will provide for culturally appropriate and gender inclusive capacity development. Establish a culturally appropriate and gender inclusive grievance mechanism to receive and facilitate resolution of the IP concerns.

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c. Ascertain the consent of affected IP 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 IP communities refers to a collective expression by the affected IP communities, through individuals and/or their recognized representatives, of community support for such project activities. Community support may exist even if some individuals or groups object to the project activities.

d. 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 IP 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.

e. Prepare an 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 IP communities. The IPP includes a framework for continued consultation with the affected Indigenous Peoples 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.

f. 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 IP communities and other stakeholders. The final IPP and its updates will also be disclosed to the affected IP communities and other stakeholders.

g. 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 Indigenous Peoples have traditionally owned or customarily used or occupied, or (ii) involuntary acquisition of such lands.

h. 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, taking into account the baseline conditions and the results of IPP monitoring. Disclose monitoring reports.

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

23. The section describes the general socio-economic profiles of the IP community in the subproject area. The information was collected by the DA INREMP, the Municipal LGU of Lubuagan, and LGU of Barangay Mabongtot. A series of consultations was conducted primarily to inform the community, to obtain their consent about the project and to determine their view regarding the possible impact of the footpath rehabilitation. A total of 111 attendees, 47 males and 67 females from the community participated on the community orientation and consultation held on 13 November 2018. Prior to the aforementioned consultation, another consultation was held on 24 April 2018 with an attendance of 86 members of the community. The MPDO provided the socio-economic profiles of the IP residents in the municipality and Barangay Mabongtot.

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24. To ensure that a baseline data of the IPs are obtained to be able to monitor and evaluate if all the impacts by the subproject are effectively managed, a data gathering on the IPs will be conducted before monitoring.

1. Population

25. The municipality of Lubuagan has nine (9) barangays. Based from the 2015 Community-Based Monitoring System (CBMS) Survey, Barangay Mabongtot has been recorded as the lowest populated barangay and Barangay Poblacion posted with the highest population. Barangay Mabongtot has a total population of 645 including 346 males and 299 females and with a population density of 34 people per square kilometer. There are 141 households living in the barangay, therefore the average household size is 4.

2. Ethnicity and Cultural Practices

26. About 98% of Mabongtot residents are IPs belonging to the Imabongtot sub tribe of the Kalinga Tribe. While some are married with certain locals, almost all inhabitants of the barangay belong to the Kalinga Tribe of the Cordillera Administrative Region. With this, the subproject will definitely benefit the target IPs.

27. Strong family and clan relationship exist in the barangay. According to historical trend, the people originated in one family tree. However, intermarriage from nearby places has taken place.

28. As compared to other Cordillera groups, there is no traditional form of physical socio-political structure that exist within the entire barangay although the bodong system is still very strong as seen by the number of tribes that they have been relating with.

29. Kalinga is the dialect that is used by the Imabongtot tribe. Due to the influx of Anglican and Belgian missionaries in the Cordilleras from the 1900s up to the 1970s, about 90% of the IP residents can communicate well in English, Ilocano and Tagalog. The local dialect and Ilocano are used during the meetings.

30. Cultural practices in relation to life cycle still exist although they are diminishing at present. One factor which caused non-performance of these practices could be attributed to the decreasing number of elders. The elders are responsible in remolding the attitude of young generation who are exposed to the Western culture and education. Cultural practices which have been observed starts from birth, marriage and death include the following:

Kuntad or Sibit. Upon birth, this ritual is being performed by butchering a pig or a chicken. A “ngilin” prohibiting certain acts and intake is observed until the umbilical cord heals. Upon healing another butchering ritual is performed.

Gabbok. When a child reaches 1 month, this ritual is performed by playing the “tongatong” a kind of bamboo instrument.

Gopas. This ritual takes place when the child ears necklace (beads)for the first time when he/she reaches about a year. A woman carries the child while dancing with the beat of “tupayya” with the use of gongs.

Makaapo. It is being performed to welcome a first grandchild. The parents bring their child to the house of either child to the house of either maternal of paternal parents.

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Each members of the community gives a bead or a gift in any form to their first grandchild. Relatives of the mother prepare “dikit” (traditional rice menu) to be eaten during this occasion.

Gusad. It is a simple, original way of a ceremonial blessing before harvesting rice. It is believed that non-performance of the ritual will cause easy dissipation of farm profits because “abbangas” harvests with you.

Torba. A traditional practice which uses a bamboo instrument called balingbing and wherein the same is performed before a group proceeds to a place where they intend to make kaingin.

Tuba. Is a safe means of catching a group of fish, the contraption of which is made up of the bark of vine called umli.

Baraubbay. A marriage ritual equivalent to the ceremonial bride wedding of the Catholic religion.

Atod. This ritual is performed when the second or next child is born. These practices are being observed for the child’s luck and good health. It is also a way of giving inheritance to the child.

Pre-marriage practice. The parents enter an agreement even after the child’s birth through a ceremonial rite. When the two engaged children grew up and decide to marry each other a “palanos” takes place. When either engaged party break the agreement the breaker shall pay all the expenses used during the pre-marriage ceremony.

Death ritual. Period of mourning usually takes place for 4 days. Heirloom is worn over the dead person according to his/her social status. Upon burial, the family will prepare diket. This practice is called kadamal. A “sungot” shall also be prepared before the burial rites. It is a “baon” (pack meal) of the dead person to be carried till the 9th day where an animal shall be butchered during the last novena.

Dumog. When a family starts to live in a newly constructed house, this practice is being observed to avoid bad luck of the owner. The “man-alisig” (traditional healer) will chant while some individuals will also strike the sides of the house to drive bad spirit.

Palakson. Property inheritance is existing in the community in the form of rice fields, house, heirloom such as old jars, beads, traditional clothing, old plates (panay) are turned over to the children upon getting married. Usually, the first-born child gets the most. There are two basic social classes in the community. One is the “baknang” or the rich families determined by their possession of wide rice fields, heirlooms, large cattle, and traditional musical instruments (gangsa or gongs). The other is the “kapos” or those who have less of what the baknang owns. The kapos usually serves as the labor force of the baknangs. Abundance of food supply specifically rice is presently a determinant for wealth. Those with surplus food supply are considered affluent. If there is an occasion where an animal is butchered the families as baknang shall have a bigger share on the meat (watwat).

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3. Education

31. In terms of education level, the Philippine Statistics Authority (2015) reported that 9% of the total population of the municipality graduated from primary school, 10% graduated from secondary school and 3% completed post-secondary education. Education level of women is lower (47%) compared to that of men. Out of the total number of persons 10 years old and above, the literacy rate of Lubuagan is computed at 93%.

32. In terms of educational facilities, as per records of the Municipal Planning and Development Office, barangay Mabongtot has a primary school and the construction of its new building is ongoing. Early childhood development is catered by the Day Care Center in the barangay. For secondary studies, the students from Mabongtot may enroll and continue to the high schools and senior high schools in Poblacion. Most of the children in the barangay have to make an arduous hike to the Poblacion through the footpath which is located outside of the barangay for their high school and senior high school studies.

4. Means of Livelihood and Income

33. Barangay Mabongtot has a total land area of 1,588 hectares classified into forest land, agricultural land, and residential land. This barangay is primarily agricultural land, accounting for about 14% of total area. Production of rice, both commercial variety and heirloom rice are very much viable in the area because of the irrigated rice paddies and ample supply of water. Production of legumes and root crops may also be enhanced with the available fertile agricultural areas within the barangay. Coffee production is also common in the area. Soft broom making is also possible in the community because households may propagate tiger grass in Mabongtot.

34. The majority of the households living in the barangay (60% of total households) have annual income from Php 11,001 to Php 35,000. According the result of the survey conducted by CHARM2-2016, about 65% of households are engaged in farming followed by 18% who are government employees, 14% work at the private sector, and almost 4% are into business.

5. Poverty

35. As per 2015 CBMS, 96% of the total households in the barangay are living below poverty threshold1, Mabongtot is ranked among the last of the barangays of Municipality of Lubuagan in terms of income. The reasons for their high poverty rate identified by the community are lack of access roads and the remoteness of the area. The local people, especially IPs have been participating in the programs on poverty alleviation of the Government and NGOs such as the Cordillera Highland Agricultural Resources Project (CHARMP) of the Department of Agriculture providing livelihood training such as broom making, coffee production and the Department of Agriculture’s Integrated Natural Resources Management Project (INREMP) Rural Infrastructure component of which the footpath rehabilitation is under as one the subproject proposed by the LGU. Other project on going is Pantawid Pamilyang Pilipino Program (4P’s) of Department of Social and Development Office (DSWD). Once the subproject is completed, local people will be provided with easier and safer access to public services such as health, educational facilities, and markets. In other words, this subproject implementation will improve the living conditions of the poor households.

1 Municipal Planning and Development Office of Lubuangan

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6. Living Conditions

36. Wood and G.I. sheets type of housing is popular in the subproject area. Majority of the dwelling structure of households in Mabongtot are made of strong materials (tile, concrete, brick, stone, galvanized iron). For the materials of walls, 31.21% of the total households are made of strong materials, 0.71% are made of light materials, and 64.54% are made of mixed but predominantly strong materials. The IP residents use electricity from Kalinga Apayao Electric Cooperative or KAELCO as the main power source for lighting, wood and LPG for cooking. Water from the spring in the mountain is the main water source. Regarding toilet, majority from the Barangay use the outback type or the open pit type.

C. Key Subproject Stakeholders

37. The key subproject stakeholders are as follows: The Indigenous People of Mabongtot belonging to the sub-tribe

imabongtot; DENR, as the executing agency of the INREMP; DA, as the implementing agency of rural infrastructure subproject under

the INREMP; NPCO/RPCO/WPMO shall oversee all safeguards compliance; Center for Environmental Studies and Management (CESM) provides

technical assistance especially in the preparation of the IPP; Local Government of Lubuagan, as the project proponent of the

subproject; Council of Elders, looks after the welfare of the community; and NCIP, as the primary agency that ensures the basic human rights of the

IPs LGU of Barangay Mabongtot and SPMU – that support the IPP implementation

under the guidance of Municipal LGU of Mabongtot; Council of Elders (CoE) that looks after the welfare of the tribe and its members; and Contractors which are private and independent companies contracted by the project

for the subproject implementation. 38. The consultations which involved the key subproject stakeholders are discussed in succeeding sections.

D. Anticipated Positive and Negative Impacts of the Subproject and Corresponding Enhancement Measures and Mitigation Measures

39. The implementation of the proposed subproject will have anticipated positive and negative impacts to the IP beneficiaries. The majority of Mabongtot residents (98% of total population in the barangay) are IPs. Except for very small number of non-IP who are married with certain locals, almost all inhabitants of the barangay belong to the Imabongtot Tribe of the Cordillera Region. In this context, the subproject will definitely benefit the target IPs.

Anticipated Positive Impacts of the Subproject on the local IP community

40. During the public consultation meetings conducted on April 24, 2018 and November 13, 2018, the meeting participants identified the following beneficial impacts of the subproject. One

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of the anticipated positive impact is the footpath rehabilitation which can lead to poverty alleviation and improvement of living conditions of the community.

41. Increased road safety for all the IP residents. Barangay Mabongtot is only accessible by foot through the existing Malusong-Mabongtot footpath crossing the famous Chico River through a cable bridge. Disruption during the construction is inevitable however the community is willing to adjust for the sake of improving their footpath. Access from community to their agricultural production area of rice, coffee and other agricultural products are also through footpaths and footsteps. Residents of the barangay and other people passing this footpath are experiencing inconveniences and hazards because of its poor condition. During rainy season, fall accidents often occur because the footpath is slippery and some sections of the footpath are eroded and rough. If the footpath is concreted and handrails are installed in some critical areas, local residents, especially children, women, the elderly and the disabled will be provided with safer access to the center of Mabongtot, rice paddies and schools, etc.

42. Increased access to social services. The subproject will simplify a manual hauling of agricultural products and definitely reduce the travel time by almost 50%. In case of health concerns, it will be easier for the barangay residents to go to hospital or health stations in Poblacion Lubuagan for proper medication or treatment for about 1 hour walk. Additionally, responses for emergency situations might be swift particularly when there are women who are in maternal labor. High school, senior high school and college students who pass this footpath every week will be benefitted when they go to their families to get their supplies every week. Undertaking regular maintenance of the footpath during the operation phase with adequate fund from the Municipal LGU of Lubuagan has been proposed as the enhancement measure for the two impacts.

43. Increased income of IP households. During the construction phase of the subproject, local people including IP laborers can be hired as workers by the construction contractor. It is estimated that the construction period will last for almost four (4) months and almost 10 workers will be on demand during the phase. As a result, the IP households will have additional income in the period. The IP residents expected that they can earn at least Php300.00 per day from working for the subproject. Furthermore, about 65% of IP households are engaged in doing farming. Their farming will be improved because of the decrease in the travel time to their farms and more convenience in selling their agricultural products in the markets that the IP farmers will gain from the subproject. Consequently, their profits from agricultural production will increase. Through the improvement of the footpath other government and private sectors will be motivated to conduct training on household financial management and a training on livelihood development.

44. Promoted eco-tourism in the subproject area. According to the barangay LGU of Mabongot, the barangay is keen on promoting the tourism industry in the area, the footpath rehabilitation is important since it leads to the beautiful mountain views, falls, and rice terraces found in the barangay which is one among the many of tourist attractions of the municipality. Therefore, more tourists coming to the subproject area is expected after the subproject is completed.

Anticipated Negative Impacts of the Subproject on the local IP community

45. The participants in the consultation meetings held during the IPP preparation confirmed that the proposed subproject will not, in any way, affect the IP’s traditional socio-cultural and

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belief practices. Moreover, it will not negatively or adversely affect the livelihood systems of the local IPs.

46. The proposed subproject does not require acquisition of lands that are traditionally owned or customarily used, occupied or claimed by IPs since the footpath is existing and only needs to be upgraded. Moreover, it does not overlap with other existing tenured areas.

47. The participants wondered the migrant workers who will come to the barangay for seeking jobs could disturb the local community.

48. Furthermore, traditional values of Imabongtot tribe would be affected due to increased interactions with other people coming to the community. In contacting with the outsiders, different values would be observed and adopted by Imabongtot people and by that way the traditional values would be affected. An awareness raising campaign on protection of traditional values of the Imabongtot tribe should be organized in the subproject barangay, which has been proposed as a mitigation measure for the negative impact.

49. Additionally, two other impacts anticipated by the community are waste from residual and packaging materials and removed soil and earth from the excavation of the footpath foundation. However, these impacts are identified as environmental which will be incorporated into the environmental management plan with mitigation measures for the impacts of the proposed subproject.

E. Gender Sensitive Assessment of Indigenous Peoples Perceptions

50. During the IPP preparation, consultations with both IP men and IP women regarding the impacts on the IPs by the subproject implementation were conducted in April and November 2018, 125 IP women participated in the meetings. There are no focal group discussion conducted however the issues and concerns of IP women were carried out to obtain the socio-economic information of IP women such as livelihood, income, poverty, their purpose and frequency of using the footpath to be rehabilitated, anticipated impacts on their livelihood, travelling, transportation of inputs/outputs of farming, etc., and corresponding measures to mitigate the negative impacts as well as to enhance the positive impacts.

51. During the construction phase, local IP laborers including IP women can be employed by the construction contractor. Therefore, their household income will increase in the short term. When the footpath is improved, ease of transport will directly impact on the improved safety and health of women and children, as health services will be more accessible. IP women who are ill can go to the nearest health station in Barangay Poblacion, Lubuagan in approximately 20-30 minutes on average. Additionally, IP women in the barangay are eligible to participate in the capacity building program provided by the subproject.

52. The IP women in the community have been already involved in the subproject preparation by participating in the consultation meetings held during the preparation of social safeguards planning such as IEE, IPP and other necessary documents. Additionally, women are represented in the municipal, barangay, and community through being members of the BPMET, of the 5 members of the BPMET which has been established in the consultation meeting in November 2018, 1 is a female.

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IV. INFORMATION DISCLOSURE, CONSULTATION AND PARTICIPATION

A. Consultation and Participation Conducted during the IPP Preparation

53. During the 1st quarter of 2018, DA-INREMP conducted a meeting with the Municipal LGU of Lubuagan and SPMU to discuss about the subproject preparation. After the Municipal LGU had identified their footpath to be rehabilitated, a site visit validation was conducted with the participation of the Municipal LGU of Lubuagan, Barangay LGU and DENR representatives to determine the scope of works and location of the subproject. A write-shop was also conducted which was attended by the staff of the SPMU and INREMP to guide them how to prepare the safeguards documents including IEE, IPP and the subproject proposal.

54. There were two (2) consultation meetings with the local IP community conducted during the IPP preparation. The first consultation meeting was held with officials of Barangay Mabongtot, IP residents, and the Municipal LGU of Lubuagan on April 24, 2018. The second one was organized with the participation of IP residents living in Barangay Mabongtot, Municipal LGU of Lubuagan, Barangay LGU, representatives of NCIP, DA and DENR on November 13, 2018 in Barangay Mabongot. A total of 197 people participated in these meetings, of which 125 are women. There were no focal group discussion conducted however issues and concerns of the IP women were carried out to ensure that needs of IP women have been considered by the subproject. All the consultations with the IP community living in the subproject barangay were conducted in their indigenous language.

55. Issues that were discussed with the meeting participants during the consultation meetings are (i) the preliminary design of the subproject; (ii) anticipated positive impacts and negative impacts of the subproject on the IP community; (iii) proposed mitigation measures and enhancement measures for the impacts; (iii) organization of the BPMET; (iv) FPIC validation; (v) the GRM and (vi) the implementation schedule. All concerns raised by and opinions put forward by the participants have been addressed and incorporated into this IPP. The minutes of the meetings, list of the participants and photos taken during the meetings is shown in Appendix 2 while the resolution of the Sangguniang Barangay of Mabongtot is attached in Appendix 3. The table below summarizes the content of the meetings and FGDs conducted during the IPP preparation.

Table 1: Summary of Consultation Meetings with IP Communities Conducted during the IPP Preparation

Issues Opinions, Suggestion and Concerns Raised by the

Participants

How the Opinions, Concerns and Suggestions have been Addressed

Subproject preliminary design

The participants were introduced about the INREMP and the subproject design.

The footpath is already existing and in poor condition and need to be concreted. The proposed footpath will have a width at least 0.8m on vacant areas and 0.6m along the rice paddies. The footpath will be connected to the existing pathway from barangay Antonia Canao going through Mabongtot.

Positive impacts of the subproject on the IP communities and

The participants were asked about which benefits the community will gain from the subproject.

The benefits anticipated by the participants are as follows: Quicker access to market local

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Issues Opinions, Suggestion and Concerns Raised by the

Participants

How the Opinions, Concerns and Suggestions have been Addressed

proposed enhancement measures for the impacts

products; Decrease slipperiness especially

when the path is wet; Reduce risk and accidents; Easy access to women, elders and

children; Lessen the possibility of children

getting dirty going to school; Improve local safety and security;

and Improve access to social services.

Negative impacts of the subproject on the IP communities and proposed mitigation measures for the impacts

The participants were asked if the subproject will cause negative impacts on the IP community.

The participants confirmed that there will be no impacts on physical, social, spiritual values of the local IP community caused by the subproject.

Once the subproject is awarded to the contractor, there will be a meeting to be conducted in which the community can suggest that the locality will serve as laborers for the subproject.

Grievance redress mechanism

The participants were asked about the procedures of resolving grievance that the community preferred to follow.

Conflicts will be settled at the level of the clan and the COE following the traditional conflict resolution system.

Establishment of BPMET

Selection criteria for the BPMET members as agreed by the community were (i) persons presently residing in the area; (ii) who can read and write; (iii) persons at least 21 to 65 years old; (iv) either male or female; (v) persons must have a good moral character; (vi) persons are willing to volunteer without compensation or salary and (vii) persons with monitoring background.

The BPMET has been established to help in monitoring, evaluation and reporting of the subproject including the implementation of the mitigation measures and enhancement measures specified in the final IPP. The BPMET includes one chairman, one vice-chairman, one secretary and two members. The BPMET will be provided with a training on monitoring, evaluation and reporting of the subproject.

FPIC Validation The participants were asked if the subproject is as an initiated by the community including the plan, program or activity of the proposed rehabilitation of the footpath.

All the participants said yes.

The participants were asked if the subproject is included in the municipal and barangay development plan.

The participants said yes and the Municipal LGU of Lubuagan will submit the certification to confirm that the subproject is included in the plan.

The participants were asked if the participants understood the INREMP and subproject and all the issues presented by the consultant.

All the participants understood the INREMP, the subproject description as well as other issues discussed in the meetings and totally supported the subproject implementation.

The participants were asked if the community allows to implement the subproject in the barangay.

All community members agreed with the subproject implementation since the footpath rehabilitation is

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Issues Opinions, Suggestion and Concerns Raised by the

Participants

How the Opinions, Concerns and Suggestions have been Addressed

necessary for the community. The community signed the resolution of consent for the subproject implementation.

Implementation schedule

The participants wondered that when the subproject will be implemented.

The subproject will be implemented in 2019 tentatively and the construction period of the subproject will last for almost four (04) months.

Others A question from the group of meeting participants raised if they will be one to implement the subproject as a subcontractor.

The participants were explained that the subproject shall be procured through public bidding as required by RA 9184 and only eligible contractor can implement the subproject. However, the locals will be prioritized as laborers during the construction phase to provide employment as to monitor the subproject implementation.

Source: Public Consultation Meetings, 2018, CESM

BPMET = Barangay Participatory Monitoring and Evaluation Team; COE = Council of Elders; FPIC = Free, Prior and Informed Consent; INREMP = Integrated Natural Resources and Environmental Management Plan; IP = Indigenous People; IPP = Indigenous Peoples Plan; LGU = Local Government Unit; and RI= Rural Infrastructure

B. Information Disclosure

56. The final IPP, its revision, if any, internal and external monitoring reports monitoring will be submitted to ADB for posting on their website, DENR-Forest Management Bureau (FMB), DA, the Municipality of Lubuagan and the subproject barangay offices, the PENRO, and DENR regional office will make the documents in the indigenous language available to the public. The documents shall be posted in accessible public places such as barangay halls, DENR regional office and tribal halls. In case the documents are lengthy, copies of the documents will be provided to tribal leaders.

V. BENEFICIAL AND MITIGATIVE MEASURES

57. Table 2 shows the identified subproject impacts on the IP community and the corresponding measures to enhance the positive impacts and measures to mitigate the negative impacts that have been discussed with the IP community.

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Table 2: Summary Matrix of Impacts and Mitigation Measures/ Enhancement Measures

Anticipated Impacts Enhancement Measures or

Mitigation Measures Target

Responsible Unit

Estimated Cost (PhP)

Positive Impacts Increased road safety

Allotment of sufficient budget by the Municipal LGU for the operation and regular maintenance of the footpath.

All IP residents

Municipal LGU of Lubuagan

It is included in the LGUs function

Increased access to social services

Promoted eco-tourism in the subproject area

Access to tourist attractions of the municipality. Opportunities for tourist guides.

Tourists Barangay LGU Municipal LGU of Lubuagan

It is included in the LGUs function

Increased income of IP households

Provision of training on household financial management to the IP households.

All IP residents

Municipal LGU of Lubuagan

It is included in the LGUs function

Negative Impacts Entry of migrant workers Registration of profiles of the

migrant workers with local authorities. Priority of IP laborers in recruitment of workers during the construction phase.

Workers Barangay LGU Construction contractor PMIU

It is included in the LGUs function

Impact on cultural values of local IP community

Organization of an awareness raising campaign on protection of traditional values of Imabongtot tribe in the subproject barangay.

All IP residents Outsiders

Municipal LGU of Lubuagan Barangay LGU

It is included in the LGUs function

Waste from residual and packaging materials

As incorporated into the EMP. All IP residents

Construction contractor

Included in the budget of the EMP

Removed soil and earth from the excavation of the footpath foundation.

As incorporated into the EMP. All IP residents

Construction contractor

Included in the budget of the EMP

EMP = Environmental Management Plan; IP = Indigenous People; LGU = Local Government Unit; and PMIU = Project Management and Implementation Unit

VI. CAPACITY BUILDING

58. The capacity building initiatives for the community are outlined with respect to all IPs including women and youth. The result of discussion with the IP community indicates that training on household financial management, training on livelihood development and training on skills development such as broom making, coffee production, and production of agricultural products will be provided to the IP residents by the different government agencies and private organizations. These trainings are meant to be held at a time and place chosen by the participants and would be specifically customized for each target participant. The training modules should be in their vernacular language.

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59. Before arranging skill development trainings, the IP community will be organized for an orientation workshop by the social safeguards specialist from the Project Management and Implementation Consultant (PMIC) and NGO/academe staff on expected subproject output and benefits. The orientation program will comprise sessions on development of the human capital especially women and youth groups by acclimatizing them to the incoming opportunities, enhancing traditional and other learned skills and empowering them in a sociocultural beneficial and appropriate manner. The workshops will be organized at various suitably located place as per convenience of the IP community.

60. Additionally, the staff of Municipal LGU of Lubuagan, LGU of Mabongtot and members of the SPMU will be provided with training on handling with the IP-related issues. The trainings will cover the requirements of ADB SPS, 2009 and INREMP IPPF including the requirements of social impact assessment, GRM, consultation, participation, information disclosure, monitoring and reporting on the implementation progress of the proposed measures in the IPP. Training sessions on these issues will also be provided to the BPMET members. It is expected that such training and orientation will strengthen the knowledge and skills of relevant stakeholders to address IP-related issues in the subproject area.

61. The training sessions will be developed and conducted by the social safeguards specialist from the PMIC. The budget for the capacity building activities is presented in the Chapter of Budget and Financing.

VII. GRIEVANCE REDRESS MECHANISM

62. The Municipal LGU of Lubuagan has properly conducted the consultations with the different stakeholders of the subproject barangay. 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 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.

63. According to the results of consultation meetings with the IP community in the Barangay Mabongtot, grievances lodged by local people will be handled following the traditional conflict resolution system as outlined below. In resolving disputes among the IPs, 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 COE.

a. Dispute/grievance will be resolved first among the members of the clan; b. If the said grievance/dispute is not resolved at the clan level, this will be brought to

the level of the COE; and c. If still unresolved at the COE level, the said dispute/grievance will be submitted to the

NCIP Regional Hearing Officer, for resolution, where the decision will be final and executory. The dispute/ grievance will be heard and adjudicated in accordance with the Rules on Pleadings, Practice and Procedures before the NCIP.

64. The Barangay Captain will be the designated focal person in case grievances may arise in the community level. In case of unsolved grievances, the MLGU from MPDO and MEO in association with the Contractor will be responsible for managing the effective grievance redress program.

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65. Complainants shall be exempted from all administrative and legal fees incurred pursuant to the grievance redress procedures. The Municipal LGU of Lubuagan and the barangay LGU will maintain proper documentation of all complaints received and actions taken

66. 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

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

A. Internal Monitoring

68. The DA-INREMP through the PSO will set up an internal monitoring system comprising of an IP safeguard officer, IP community and the affected IPs through their respective tribe and any other social institutions to monitor the IPP implementation. For daily monitoring of the IPP implementation, the PSO will engage a dedicated person at community level, who will interact closely with the IP households, and tribe on a priority basis. The focal person will also disclose the subproject-related information to the IP households. Also, the IP safeguard officer will observe the construction progress at the construction site and make plan of implementing the mitigation measures and enhancement measures as agreed in the IPP. The social safeguards specialist for rural infrastructure assisting professional will provide guidance to the PSO, IP safeguard officer to carry out the tasks. Periodic internal monitoring reports will be prepared by the social safeguards for rural infrastructure assisting professional.

69. Regarding the involvement of the IP community in the monitoring of the IPP implementation, the BPMET has been established during the consultation meeting held in November 2018. The BPMET is composed of both male and female volunteers. The BPMET has responsibility in monitoring, evaluation and reporting of all subproject activities implementation including the IPP implementation and civil construction works. The BPMET will be trained by the PSO who will work in close association with the community group and give necessary feedback to support internal daily monitoring and supervision of the subproject construction and IP activities with the support of the PMIC and the social safeguards specialist for rural infrastructure assisting professional.

70. Internal monitoring indicators of the IPP implementation are outlined in Appendix 4.

B. External Monitoring

71. An external monitoring agency (EMA) will be engaged by the DENR for INREMP. 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 Information, Education and

Communication (IEC) for IPs and non-IPs;

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assess efficiency, effectiveness, impact and sustainability of the 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.

72. Indicators for external monitoring of the RP implementation are presented in Appendix 5.

C. Reporting

73. The Social Safeguards for Rural Infrastructure Assisting Professional will submit quarterly internal monitoring report to DENR and DA-INREMP. The External Monitoring Specialist will submit semi-annual reports to DENR and DA-INREMP and the DENR through the National Project Coordinating Office (NPCO) will be responsible for submitting the reports to ADB for review and disclosure.

IX. INSTITUTIONAL ARRANGEMENT

74. 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 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; Together with NCIP, amend or complement the IPP in case problems are identified

during the internal and/or external monitoring of its implementation. 75. Department of Agriculture is the implementing agency of the Rural Infrastructure Subprojects under the INREMP. The PSO under the DA will have responsibility in the following tasks:

Supervise all the activities under the subproject, including the IP-related issues; Conduct consultations with the IP community in coordination with DENR and

Municipal LGU of Lubuagan; Prepare progress reports to submit to the DA and DENR.

76. Municipal LGU of Lubuagan 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;

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Conduct public consultation(s) and/or secure resolution(s) of support to ensure the acceptability of the subproject;

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 DA-INREMP; and Provide funds in capacity building needs identified to capacitate the IP stakeholders.

77. Subproject Management Unit (SPMU) was created by the Municipal LGU of Lubuagan through Executive Order No. 09, Series of 2018 (see Appendix 6). It is composed of LGU division heads especially the Municipal Planning and Development Coordinator and the Municipal Engineer. The SPMU is responsible for the following tasks:

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; and

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

78. National Commission on 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 IP concerned;

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; and

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

79. The Social Safeguards Specialist of NPCO will assist and work closely with the NPCO, PSO and Municipal LGU of Lubuagan as follows:

The assisting professional/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 DA-INREMP/DENR in preparing semi-annual monitoring reports on the progress of the IPP implementation.

Facilitate capacity building needs identified to capacitate the IP stakeholders.

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80. The Project Management Implementation Consultants (PMIC) will be engaged to assist and work closely with the NPCO, PSO and Municipal LGU of Lubuagan on the various activities, including providing capacity to implement and monitor the IP activities.

81. The Barangay Participatory Monitoring and Evaluation Team (BPMETs) have been established to undertake the following tasks:

Monitor the performance of PO officers implementing subprojects; Monitor the functionality of the association, and the financial aspect of the

organization; Document findings during the scheduled monitoring and evaluation of infrastructure

subprojects; Consolidate reports to the general assembly and to other stakeholders; Submit reports of findings and recommendations to the Barangay Inspection Team,

Municipal Management Group, and Provincial Management Group. The Barangay Development Council should be given a copy for information and guidance;

Monitor the implementation of the Participatory Project Investment Plans (PPIPs) and other plans agreed upon during meetings;

Obtain complete and updated copies of the barangay PPIP, documentation on all project work plans, activities, and programs including copies of performance and/or accomplishment reports;

Obtain copies of all contracts, bids, awards for projects/activities/ programs of the barangay in so far as these apply to DA-INREMP;

Obtain copies of all complaints, favorable reports of subproject activities; and Obtain and maintain files and reports of the Provincial Planning Development Office

– Lubuagan, Barangay Development Council, participating line agencies, barangay POs, Council of Elders, and DA-INREMP beneficiaries.

82. The tentative schedule for the IPP implementation is presented in the table below.

Table 3: Implementation Schedule

Activities Time Frame Review and approval of the draft IPP by the ADB August 2020 Updating the IPP August 2020 ADB review and approval of the updated IPP August 2020 Disclosure of the approved updated IPP August 2020 Implementation of mitigation measures and enhancement measures proposed in the final updated IPP

Start in September 2020

Capacity building for the IP community, staff of LGUs and BPMET Start in January 2020 Submission of monitoring reports to ADB Semi-annually

ADB = Asian Development Bank; BPMET = Barangay Participatory Monitoring and Evaluation Team; IP = Indigenous People; IPP = Indigenous Peoples Plan; and LGU = Local Government Unit

X. BUDGET AND FINANCING

83. The total estimated cost for the IPP implementation is PhP 201,625.6 , including the cost for capacity building activities, cost for the implementation of the mitigation measures and enhancement measures and contingency cost. The estimated cost per activity is shown below which will be covered by the DA-INREMP.

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Table 4: Estimated Budget for the IPP Implementation

Activities No. of training

sessions

Estimated cost per training

session (Php)

Estimated budget (Php)

A. Capacity Building Program Orientation and consultation of Indigenous People

2 27,200.00 54,400.00

Capacity building for BPMET (Monitoring and evaluation)

2 36,250.00 72,500.00

Safeguards Monitoring Compliance Training

2 16,660.00 33,320.00

Construction Supervision and Financial Management Training

1 23,076.00 23,076.00

B. Implementation of mitigation measures

Implementation of the proposed measures to mitigate the negative impacts

Join effort of the BPMET, BLGU, MLGU, DA, DENR, NCIP and contractor to ensure that the policy and procedure must be followed and not be ignored

C. Implementation of enhancement measures

Implementation of the proposed to enhance the positive impacts

Shall be noted by the LGU to be included in their Annual Investment Plan

D. Total = (A) + (B) + (C) 183,296.00 E. Contingency cost = 10% x (D) 18,329.60 GRAND TOTAL 201,625.60 *Barangay orientation and capacity building is from DA-INREMP

BPMET = Barangay Participatory Monitoring and Evaluation Team; IP = Indigenous People; IPP = Indigenous Peoples Plan; and LGU = Local Government Unit

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APPENDICES

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Appendix 1: NCIP Certification on Ancestral Domain and Certification Precondition

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Appendix 2: Minutes of Meeting, Attendance Sheet and Pictures

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30

31

32

33

34

35

36

37

38

39

40

November 13, 2018

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42

43

44

45

46

47

48

49

50

51

52

53

54

55

56

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Appendix 3: Sangguniang Bayan Resolution Accepting and Supporting the Subproject

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Appendix 4: Internal Monitoring Indicators

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? 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? How many female members are there in the BPMET? How is the efficiency of BPMET operation? 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 changes have occurred in tourism of the subproject area compared to the pre-project situation?

What have been the changes in cost of living compared to pre-project situation?

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

What changes have occurred for the travelling of the IPs? Has the living conditions 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 5: External Monitoring Indicators

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; Consultation and participation progress against plan and budget; and 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

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; Number of female volunteers participating in the BPMET; Check whether the mitigation measures and enhancement measures as

specified in the agreed IPP are implemented; Frequency of the footpath maintenance; Involvement of the community members in the footpath maintenance.

4. Levels of IP Satisfaction

Awareness of the IP community about grievance procedures and conflict resolution procedures;

Degree of satisfaction regarding the result of dispute resolution; Assessment of the IP community on the capacity building activities provided; Awareness of the IP community about their rights under the IPPF; Awareness of the IP community about how they know how to access to their

rights; Assessment of the IP communities about the implementation of the

IPP/ADSDPP.

5. Other Impacts Any unintended social impacts Any unintended impacts on employment or incomes?

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Appendix 6: Executive Order Organizing the Subproject Management Unit

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