IPP451 REPUBLIC OF KENYA INDIGENOUS PEOPLES PLANNING FRAMEWORK (IPPF) FOR THE TOTAL WAR AGAINST HIV AND AIDS 2010 ACRONYMS AND ABBREVIATIONS ACHPR: Africa Commission on Human and People Rights CACC: Constituency AIDS Control Committee CBO: Community Based Organisation COBPAR: Community Based Program Activity Reporting CSO: Civil Society Organisations CSW: Commercial Sex Worker DTC: District Technical Committee FBO: Faith Based Organisation IDA: International Development Assistance IDA: International Development Agency IDU: Intravenous Drug Users IPO: Indigenous Peoples Organization IPP: Indigenous Peoples Plans IPPF: Indigenous Peoples Planning Framework KNASP: Kenya National AIDS Strategic Plan MARPs: Most at Risk Populations MSM: Men having Sex with Men NACC: National AIDS Control Council NGO: Non-governmental Organisation OVC: Orphans and Vulnerable Children PIMT: Project Impact Monitoring Team UN: United Nations UNCED: United Nations Convention on Environment and Development World Bank OP.4.10: World Bank Operational Policy 4.10: Indigenous Peoples 2 1. Background Information 1. The Kenya Government through the Ministry of Special Program has received a Credit from the International Development Agency (IDA) with the objective of supporting implementation of Kenya National Aids Strategic Plan (KNASP 111 2009/10 -2012/13). The credit will provided additional resources alongside the existing and on-going support from HIV and AIDS programmes by other partners in the Multi-sectoral response to HIV and AIDS. The project is Total War against HIV and AIDS (TOWA) project. 2. The project has two components which include: Component I: Strengthening Governance and Coordination Capacity, which would support the continued development of the coordinating function of the NACC and the monitoring and evaluation framework of the KNASP; and capacity building of beneficiaries in the use of grant funds. Component II: Support for Program Implementation: This component would make financial resources available to civil society, public sector, private sector, and research institutions, focusing on initiatives in line with the KNASP, responding to priorities identified by the JAPR. The component would include subcomponents and essential commodities. 3. Component II focuses primarily on the civil society and private sector, with result-based proposals and activities. Proposals from the private sector, civil society organizations, research institutions and universities would be invited in a focused and structured manner through the mechanism of Call for Proposals. The focus will be on results, not on inputs. The prioritized result areas will be determined annually within the framework of the KNASP and based on areas identified as priorities in the JAPR. Proposals will be assessed and selected on the basis of their expected results, using a set of clear rules and criteria. Target populations and interventions are selected within the framework of the KNASP, according to priorities set by the JAPR. Priorities will be given to: (i) interventions with the largest impact in preventing further spread of HIV; and (ii) target populations who are most susceptible to infection or most affected already. Such populations include, but are not necessarily limited to: (i) OVC; (ii) highly mobile populations (truck drivers, migrant workers); (iii) women (including widows); (iv) the youth (including young girls); (v) workers in small and medium-sized enterprises, micro-enterprises, and the informal sector; (vi) people with disabilities; (vii) people exposed to sexual violence; (viii) Men Having Sex With Men (MSM); and (ix) Intravenous Drug Users (IDU). While CfP rules and criteria prioritize information-based interventions and implementers with a history o f good performance, they will also: (a) allow for innovations; as well as (b) give new, inexperienced, but legitimate organizations with potential, a chance to prove them 4. At the time of preparation, the TOWA project identified the vulnerable population that include (Women, Youths, WSMSE, OVC, and Mobile Populations) and MARPs (CSWs, MSM, IDUs). In process of project implementation it was realised that the existing framework was not adequately addressing the Indigenous Peoples. With promulgation of the constitution, the minority and marginalized communities were inferred as vulnerable groups which compares with the World Bank OP 4.10 that characterises the Indigenous Peoples. This framework is thus developed with aim of enhancing the application of the WB OP 4.10 to the IP's already identified in various IPPF prepared by the GoK in other World Bank financed projects. 5. The project is expected to have such positive effects such raising awareness on AIDS, initiating coping mechanisms such as income and food security among AIDS affected households and persons, and preventing further spread of AIDS. The only potential adverse effects that might affect on the IP's would be possible omissions in benefits sharing. This will be carefully taken into account within the qualification criteria for the call for proposals. 3 2. LEGAL FRAMEWORK 6. The TOWA project operational area has numerous Indigenous People. Kenya has just enacted and promulgated a new constitution that has made reference to Vulnerable Minority and Marginalized communities. In the past, the Kenya Land Policy, 2006 and Forest Act 2005 had created provisions for the same communities with respect to land and forest resources. The constitution has in addition recognized and affirmed a commitment to respect the international legal frameworks, with limitation to only the treaties and conventions Kenya has ratified. This include:(i) 2000 Constitutive Act of the African Union (Ratified on 04.07.01) (ii) 1981 African Charter on Human and Peoples' Rights (Ratified on 23.01.92), (iii) 2003 Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa (Signature only on 17.12.03), (iv) 1990 African Charter on the Rights and Welfare of the Child (Ratified on 25.07.00), (v) 1998 Protocol to the African Charter on Human and Peoples' Rights, establishing an African Court on Human and Peoples' Rights (Ratified on 04.02.04) 7. In addition, the Government has demonstrated a commitment to respect and apply the World Bank OP 4.10 policy through the various IPPF it has prepared and is in the process of applying for various WB financed project. 8. For the project's operational purpose, the OP 4.10 of the World Bank suggests, to use the term "Indigenous People" in a generic sense to refer to "distinct, vulnerable, social and cultural group possessing the following characteristics in varying degrees: (a) self-identification as members of a distinct indigenous cultural group and recognition of this identity by others; (b) collective attachment to geographically distinct habitats or ancestral territories in the project area and to the natural resources in these habitats and territories7 (c) customary cultural, economic, social, or political institutions that are separate from those of the dominant society and culture; and (d) an indigenous language, often different from the official language of the country or region. 9. The World Bank OP 4.10 is observed to conform to the other International organisations' legislative instruments on Indigenous Peoples. These include, but not limited to: UN Permanent Forum on Indigenous Issues, ILO Convention 169 (1989), UN Working Group on Indigenous peoples (1982), Agenda 21 adopted by the United Nations Conference on Environment and Development (UNCED) (1992), Asian Development Bank Policy on Indigenous peoples (1998), Permanent Forum on Indigenous Peoples Issues (2002), UNDRIP (2007)1, ACHPR (2005)2, and European Bank for Reconstruction and Development. 10. The inherent definition dilemma of Indigenous peoples has been clarified by the African Commission's work on indigenous peoples in Africa3. The charter indicates that the term indigenous peoples is used in "its modern analytical form that does not merely focus on aboriginality", but rather attempts "to draw attention to and to alleviate the particular form of discrimination" and that it is "not used to deny other Africans their legitimate claim of belonging to Africa and identity as such" (ACHPR 2005: 88). The charter further notes that almost all Africa 1 UN General Assembly Declaration on the Rights of Indigenous Peoples adopted on 13 September 2007. 2 The African Commission's work on indigenous peoples in Africa: The African Commission on Human and Peoples' Rights (ACHPR) is the mechanism for the promotion and protection of human rights in Africa, created in 1987, in application of the African Charter on Human and Peoples' Rights (the African Charter) which was itself adopted by the Assembly of Heads of State and Government of the former OAU, on the 25th June 1981 in Nairobi, Kenya 3 Ibid 4 states host a rich variety of different ethnic groups, and "almost all these groups are indigenous to Africa" with "some being in a structurally subordinate position to the dominating groups and the state, leading to marginalisation and discrimination" (ACHPR 2005: 114). 3. Marginalized and Indigenous Peoples with the TOWA Project Operational Area 11. The preparation of this IPPF was informed by literature review and field consultations and lessons learned from TOWA implementation. The result has been an array of several marginalized and indigenous peoples who can be categorised as hunter-gatherers, pastoralists, fishing, and farming groups that exist in these areas. These communities have been found to satisfy the World Bank OP 4.10 criteria of being "structurally subordinate to the dominant societies and the state, leading to marginalisation and discrimination". Their location and characteristics are summarized in Table 2 below: Table 2: Vulnerable Minority and Marginalized (Indigenous Peoples) in selected districts in Kenya Constituencies Large District IP's Areas Economic Activity 1.Baringo North 1. Baringo IL-Chamus L. Baringo Fishing / Livestock 2.Baringo East Endorois L. Bogoria Sapor Margat division (Sapor) 3.Dujis 2. Garissa Munyoyaya Balich village 4. Fafi 5.Lagdera 6.Isiolo South 3. Isiolo Waata Garba-tula 7.Mandera East 4. Mandera gawawen 8.North Horr 5. Marsabit Daasanach Ileret Pastoralists, farming, fishing 9.Laisamis Waata North-Horr, Dukana, Marsabit (Dirib-Gombo), Hurri Hills, Maikona, Kalacha, Balessa, el-hadi Garwale Konso Marsabit (Dub gobba, Qachacha, Dakabaricha, Dalachas) Deis Telesgei, Purely fishing El-molo Loyangalani Lkunono South horr, Loiyangalani, Gatab [Mt. Kulal], Ilaut, Ngurnit, Korr, Nairibi, Lontolio, Merile, Laisamis, Loglogo, Karare, Marsabit] 10.Moyale 6. Moyale Sakuye Dabel (where they have a Semi-nomadic chief and councillor) 11.Samburu West 7. Samburu LKunono Maralal: (Lkurumlelowua, Blacksmith, Livestock Tamiyoyo, Baawa, Lolengai, Suguta marmar Laisimis: (Lodungokwe, Wamba, Serolip Ndikir Nanyokwe, latakwe - Barsaloi) Dorobo /Il torobo Wamba Beekeeping, farming, bricking making, Sand harvesting 12.Bura 8. Tana River Waata Sombo Farming, small livestock Munyoyaya Balambala (TR) Casual work, Farming, Fishing Malakote /Ilwana Bura Rice farming, fishing 5 13. Wajir North 9. Wajir Gagabey /Bon Bulla Kibilay (Habaswein sub-district) 14. Wajir East Rer-Bahars Wajir Town Blacksmiths 15.Wajir West 16.Wajir Soth 10. Turkana Ngikebootok Banks of River Turkwel Hunting, Fishing and growing Sorghum 11. Laikipia Yiaku Doldol, Sieku, Livestock, game ranching 17.Narok South 12. Narok Ogiek Narok-S: Loloipangi, (Ancient Hunter-gather) Songoo, Inkaron,Lamek, Farming and livestock 18.Narok North Loita, Esinoni Narok -N: Inkareta, Ilokurto, Sasumwan, Enoosupukia, Olpusimoru, Oloropil 19.Kacheliba 13. West Sengwer Pokot North: Chemorongit location (Alale division), 20.Kapenguria Pokot Korokou sub-location, 21.Sigor Kaptolomwo location (Kasei division) Pokot Central: Seker and Lomut West Pokot: Serewo, Chepareria, Sook and Cheptuyia 21..Matuga 14. Kwale Boni 22.Kinango 15. Malindi Boni 23Lamu West 16. Lamu Boni/Aweer Majengo, Mangai, Kiunga, (Ancient Hunter-gather) ­ Kiduruni farming, fishing Sanye Hunter-gathers 24.Bahari 17. Kilifi Boni 25. Mt Elgon 18. Mt Elgon Ogiek 26.Molo 19. Nakuru Ogiek 27.Kuresoi 28.Eldama Ravine 20. Koibatek Ogiek, endorois 29.Mogotio 30.Cherangany 21. Tran zoia Sengwer Hunter-gather) 32.Kwanza 33.Saboti 4. Participation and Consultation Process 12. The TOWA will conduct further screening in various districts where presence of IP's has not been initiated. The screening process will entail development of a screening tools and capacity building the CACCS and CSO/CBO/FBO on how to apply the tool. 13. The identified IP's in each constituency will be targeted through CACC structures at the constituency level. The CACCs will mobilize the IP's and invited to the Constituency Stakeholders' Fora that brings together the players in the National Response of HIV and AIDS. In addition, they will be invited to participate in the Community Pillars as identified in the KNASP 2009/10 -2012/13 where stakeholders meet to identify gaps, review progress, share experience, identify community's priority, and plan the way forward for the NR of HIV and AIDS. This approach is aimed at ensuring free, prior, and informed consultation with affected minority or marginalized communities and members of particular ethnic or cultural communities (Kenya Constitution, 21 (3) ). 6 14. NACC and TOWA project will work closely with the health sector, which has an IPPF to reach the same people in the same areas for the health needs of the IPP especially the HIV and AIDS programs supported by the health sector. 5. Social Assessment and Screening 15. The NACC will carry out a screening for IP's present within the project operational area. Next, social assessment for the identified IP's with a view of finding out: demographic status, socio- economic data including vulnerabilities (poverty level, food security, education levels and access to heath services) and institutional structures, governance capacities and strategies relevant in implementing the TOWA. 6. Call and Response for Proposals 16. Based on the social assessment, the NACC will determine the capacity of the IP's to develop TOWA relevant proposals and where this capacity is lacking training or coaching sessions will be organised and facilitated for the IP's. The IP's will then be required to participate in the call for proposals. NACC will affirmatively make provisions to finance proposals submitted by IP's in way to ensure they equitably share project benefits. 17. Possibilities of involving local organizations and NGO's with expertise and working with indigenous peoples issues will be considered to enhance opportunities for IP to share benefits. 7. Institutional Framework 18. Effective implementation of the IPPF will require establishment or strengthening of IP structures in line with the project priorities and NACC structures to ensure their full participation and consultation in the decision making process and project implementation. The key IP structures to be established or strengthened will include: IP Screening Team (to be involved in the screening process); IP Coordination Committee (to be involved in coordinating the participation of IP's in the NACC structures and process as well as involvement in the grievance resolution mechanisms); and IP Project Impact Monitoring Team (to be involved in the monitoring and evaluation missions either at the local level or NACC and/or World Bank level. 8. Dispute Resolution and Grievances Settling: 19. The NACC will establish a decision making process that requires articulation of rights and interests of the IP's with respect to avoidance of further marginalisation ensuring sound benefits sharing. It is envisaged that this could elicit conflict either within the IP's or between the IP's and other groups. A governance structure will be required to deal with dispute resolution and grievance settling. Dispute Resolution arising at the IP's level will be dealt with by the IP's grassroot structures. If the grievance is between the IP's and the dominant society it will be deal with by the CACCs, DTCs, and NACC Secretariat. 20. Beyond the NACC and depending on the grievances, the Complaint Commission of Kenya and/or Kenya National Commission of Human Rights and Gender equality (KNCHR&GE). This is due to their constitutional mandate, independence in public redress, and direct financial support from the treasury. When formed, it would be a suitable institution to lead the process of constituting dispute resolution and grievance settling structures. The NACC will invite the Complaint Commission of Kenya and/or KNCHR& GE to play this role and any other relevant bodies that are in existence for dispute resolutions. 9. Monitoring 21. The "IP's Project Impact Monitoring Team (PIMT)" will be trained on how to use the existing Community Based Project Report (COBPAR) tool. Any need for adapting the tool to suit the UP 7 context will be explored and factored. Information generated with the tool will be sent to the CACCs and NACC for analysis and programming. The monitoring and evaluation session will be schedule as per the IP Plans/ action plans. The PIMT will as well be invited to participate in the various monitoring and evaluation mission by the NACC and the World Bank. The findings of the monitoring will be used to steer to the action plans. The community will use a culturally appropriate way of reporting that is in line with the literacy level within the community 8. Disclosure Arrangements 22. The NACC will disclose this IPPF to the IP's through the public access avenues such as CACCs, Media houses (Radio and Print), NACC website, and district notice boards and already identified IPO's. 23. In addition, the IPPF will be made available in the World Bank's InfoShop. During implementation, NACC will prepare social accountability reports (showing available services, complaints received and response measures) and make them available to indigenous peoples, post them on its website, and submit these to the Bank for review along with the remaining annual supervision reports. 10. Budget Implementation of the IPPF requires major financing that needs to be factored in during the project preparation to ensure availability of funds for finalizing the screening, conducting a social assessment, development of IP Plans, capacity building project impact monitoring, and financing of IPP actions plans appraised in the IPP's USD 1,144,000 will be allocated for these activities. Constitute USD TOTAL USD 165,000 Financing of IP's Proposals received from 5,000 x 33 constituencies proposal the call for proposals per constituency 165,000 Capacity building of CACC, IP's Will use the Regional Facilitating representative and stakeholders on IPPF Agencies being hired for the training of CBOs. However, a budget for the participation of stakeholders at an average of 5,000 per constituency 330,000 Total 8