SFG3917 Tribal People Framework Sustainable Enterprise Project (SEP) December, 2017 Palli Karma-Sahayak Foundation (PKSF), Bangladesh Abbreviations CBO Community-Based Organization CHT Chittagong Hill Tracts FGD Focus Group Discussion GoB Government of Bangladesh GR Grievance Redress GRM Grievance Redress Mechanism PO Partner Organization of PKSF OM Operations Manual OP Operational Policies PKSF Palli Karma-Sahayak Foundation PMU Project Management Unit PO Program Officer RAP Resettlement Action Plan SEP Sustainable Enterprise Project SIP Social Inclusion Plan SMF Social Management Framework TP Tribal People TPP Tribal Peoples Plan Page 2 Table of Contents Abbreviations..............................................................................................................................................2 1 Background: .........................................................................................................................................4 2 Objectives of TPF: ...............................................................................................................................5 3 Defining the tribal peoples...................................................................................................................6 4 Project Impacts: ...................................................................................................................................7 5 Mitigation Measures: ...........................................................................................................................8 6 Compensation Mechanism: .................................................................................................................8 7 Baseline Conditions: ............................................................................................................................9 8 Consultation with the ethnic community: ............................................................................................9 9 Capacity Building ..............................................................................................................................10 10 Grievance Redress Mechanisms ......................................................................................................11 11 Monitoring and Reporting ...............................................................................................................11 12 Specific Measures ............................................................................................................................11 13 TPF and TPP Disclosure ....................................................................................................................12 Annex 1: CHECKLIST FOR SUBGRANTS WITH NEGATIVE SOCIAL ATTRIBUTES .................................13 Annex 2: SCREENING FORM.............................................................................................................13 Annex 3: IMPACTS ASSESSMENT AND MITIGATION DATA SHEET....................................................17 Annex 4: FORMAT TO DOCUMENT ‘CONTRIBUTION OF ASSETS’.......................................................1 Annex 5: SCHEDULE OF COMPENSATION FOR PRIVATE AND PUBLIC LANDS ....................................2 Annex 6: MAJOR IMPACT AREAS AND INDICATORS ...........................................................................3 List of Tables Table 01: Location of tribal people in Bangladesh .....................................................................................6 Table 02: Specific measures for TPP ........................................................................................................11 Page 3 1. Background: The Sustainable Enterprise project (SEP) will support microenterprises in areas that are environmentally stressed and vulnerable to climate change and natural disasters (including those prone to floods, drought, flash floods and salinity). This focus is based on the premise that there is a great need and demand for development of alternative livelihoods in those areas. The distinctive features of the project, which differentiate this project from other livelihood programs, are its interventions to build resilience and promote sustainable technologies and practices among communities in environmentally vulnerable areas, and to adopt basic operational safety norms in project-supported enterprises. To maximize the positive social and environmental impacts, the project will prioritize polluting micro-enterprise business clusters and will support expansion of economic activities that will help achieve a cleaner environment. Variety of enterprises will be supported through this project. These measures are not only likely to vary from one vulnerable zone to another, but may as well vary within the same zone depending on the various factors of vulnerability. During the tenure of the SEP, PKSF will finance only those activities that do not include any activity that may require use of public and/or private lands obtained through involuntary acquisition and/or involuntary displacement of people. However, the project may involve small up-gradation of existing market facilities, toilet construction and small scale desalination plant establishment. No large-scale infrastructure development is envisioned. The project will retain the option of voluntary contribution of land, and/or direct purchase collectively by the beneficiary community. The POs may also opt to purchase the lands directly, if the communities are unable to. Project will not do anything that impact negatively to community or HHs on their income and livelihood. No squatter will be impacted during project intervention, rather they may be benefited. There is also a possibility that the project will work in areas where tribal people reside. There could also be activities from localities in the proposed working areas that are inhabited in small proportions by tribal peoples (TPs). Thus, OP 4.10 is triggered. This framework is prepared based on the guidelines of OP 4.10. With a population of some 160 million and a land area of approximately 144000 square kilometers, Bangladesh is densely populated. It is the third largest Muslim majority country of the world. Over 85% of the population is Bengali Muslims; the remaining 15% are Hindu, with a very small number of Christians and Buddhists. Ethnic and vulnerable communities comprise about less than 1% (3 million) of the population of Bangladesh living mainly in the Chittagong Hill Tracts (CHT) and in rural communities in Mymensingh, Sylhet, Dinajpur and in Rajshahi. There are 45 recognized distinct different ethnic groups living in 28 districts of Bangladesh. Of the 45 tribes, 13 are living in 3 CHT districts: Khagrachhari, Rangamati and Bandarban. The 13 tribal groups in CHT possess separate identities, specific racial backgrounds, different languages, and distinct heritage and culture. The largest groups are the Chakmas, Marmas, and Tripuras. They differ in their social organization, marriage customs, birth and death rites, food and other social customs from the people of the rest of the country. The other 32 ethnic communities are scattered in 25 districts, although there is good concentration of Garos in greater Mymensingh and Gazipur and of Santals in greater Rajshahi district. There is lack of information on their socio-economic indicators. Ethnic communities largely speak Tibeto- Page 4 Burman languages. The ethnic peoples everywhere are generally poorer than the mainstream peoples. Most tribal peoples in CHT live in settlements in remote hills and valleys that are very difficult to access. They still use lands for living and livelihood under the traditional/customary tenure not recognized in the country’s land administration system. The areas they inhabit, especially in CHT, are generally characterized by poor basic infrastructures like roads, schools, water supply and sanitation, health care facilities, little knowledge about climate products and its benefits. 2. Objectives of TPF: The TPF is based on the World Bank’s Operational Policy 4.10 and is applicable to all sites with the presence of small ethnic community populations. The main objectives of TPF are to:  Ensure the project activities and interventions uphold the social and cultural norms and practices of the small ethnic communities or other vulnerable communities.  Ensure that the project engages with the small ethnic communities in a free, prior and informed consultation through processes that are appropriate to the local institutional context, ensuring that their participation is meaningful in the entire process of preparation, implementation and monitoring of the sub-projects and related activities.  Ascertain that the project does not inadvertently lead to or induce disempowerment, or increase disparities between the small ethnic communities/other vulnerable and ‘mainstream’ communities.  Avoid, minimize and/or mitigate any kind of adverse impact on small ethnic community households, including on their livelihoods.  Establish appropriate strategies for information sharing, communication, training and decision-making with the different small ethnic communities (women and men) at all stages of the project.  Ensure that the project benefits and investments are equally accessible to the small ethnic groups and other vulnerable communities inhabiting the project area. Most of the small ethnic community peoples are small in number and are fully mainstreamed into the local social, cultural and economic institutions due to their livelihood requirements. However, given that there is a small presence of the small ethnic community peoples, the TPF will be incorporated within the overall project design. The need for a TPF will be established at the project preparation on the basis of screening using the following criteria:  Presence of small ethnic communities and other vulnerable communities in the target project areas.  Adverse impacts on customary rights of use and access to land and natural resources, including common area and grazing lands.  Negative impacts on socio-economic or cultural identity of small ethnic communities or other sub-groups.  Impacts that may undermine tribal knowledge and customary institutions. Page 5  Focused consultations with small ethnic communities and other vulnerable communities on interventions. 3. Defining the tribal peoples No single definition can capture the diversity of the tribal peoples, as they are found in varied and changing contexts. As such, project will use the World Bank and other development partner guidelines to identify tribal people in particular geographic areas by examining the following characteristics.  Self-identification as members of a distinct tribal cultural group and recognition of this identity by others;  Collective attachment to geographically distinct habitats or ancestral territories in the project area and to the natural resources in these habitats and territories;  Customary cultural, economic, social, or political institutions that are separate from those of the dominant society and culture; and  A tribal language, often different from the official language of the country or region. A group that has lost collective attachment to geographically distinct habitats or ancestral territories in the project area because of forced severance also remains eligible for coverage under World Bank’s safeguard policy. Table 01 below shows the distribution of 45 tribal communities living in 28 districts of the country. Table 01: Location of tribal peoples in Bangladesh SI. Location Tribal SI. Location Tribal Community No Community No 1. Mymensingh, Koch, Barman, 5. Sumanganj, Monipuri, Khasia, Tangail, Dalu, Hodi, Mouvlibazar, Garo, Hajong, Patro, Netrokona, Banai, Sylhet, Hobiganj Khasia, Santal, Oraon Jamalpur and Rajbangshi, Garo, district Sherpur district Hajong 2. Gazipur Barman, Garo, 6. Jessore, Satkhira, Bagdi, Rajbangshi, Koch Khulna Santal 3. Patuakhali, Rakhine 7. Rajshahi, Munda, Malo, Mahali, Barguna, Cox's Dinajpur, Khondo, Bedia, Bazar district Rangpur, Bhumij, Kole, Bhil, 4. Bandarban, Chakma, Marma, Gaibandha, Karmakar, Mahato, Rangamati and Tripura, Bawm, Naogaon, Bogra, Muriyar, Musohor, Khagrachhari Pangkhu, Lusai, Sirajganj, Pahan, Paharia, Rai, district Tanchangya, Chapainawabganj Sing, Turi, Santal, Khiang, Mru, , Natore district Oraon Asam, Gurkha, Chak, Khumi Page 6 4. Project Impacts: Project will not directly affect any tribal people. As there is no major construction work due to the project nature, all the small-scale construction work will be set up on government land. Project will make sure that no tribal people is displaced or lose livelihood due to project interventions. Tribal people will be benefited from the project. New job opportunities will be created in small enterprises. Moreover, presence of tribal people will be confirmed in all stages of project cycle. GUIDELINES FOR USING PRIVATE AND PUBLIC LANDS Project will avoid land acquisition and requisition during implementation. Individual land donation or community based land donation through compensation by community is allowed in this project. If land donation takes place, POs will submit legal papers to World Bank and PKSF for verification and documentations. If private land is required, project will make sure that there is no presence of squatters or their livelihood and income source will not be affected. POs will implement the activities with respect to social safeguard issues and other social aspects including gender implications of the proposed activities. The POs, in consultation with the community members, will fill in the forms on measures with Negative Social Attributes (Annex 1) and Social Safeguards Screening (Annex 2) and submit them with the detailed of the enterprise development. On its part, PKSF will review the information on negative social attributes in Annex 1 to determine whether or not the proposal could be financed under SEP. The information sought in the screening form Annex 2 will inform PKSF whether or not the proposed activities would involve social safeguard issues and, if they do, the nature and scale of potential impacts and how they have to be mitigated in accord with the TPF principles and guidelines. PKSF may also undertake visits of the project locations and the target communities and verify whether the proposed activities are in compliance with the TPF guidelines and the screening results truly reflect the ground reality. Use of private and public land will be determined by the resettlement issues as mentioned in the SMF. But no land acquisition is allowed in this project. Public Lands: If there is presence of squatters on public land for residential /commercial purposes, project will avoid that land for project activities. Private Land on ‘Contribution Against Compensation’: Voluntary contributions are seen more feasible where the landowners are well-off and very few in number. Contributions for infrastructures like irrigation and drainage canals, roads, etc., may involve a larger number of landowners -- some of whom might be quite marginal and vulnerable. In such cases, the beneficiary communities can offer compensation on market price. However, the landowners will have the option to refuse or to accept the ‘contribution against compensation’ offer without the fear of any adverse conse quences. Page 7 5. Mitigation Measures: Though any physical activity will not be taken where there is presence of tribal people. If physical activities affect tribal persons/households on public land, or require private land on 'contributions against compensation', POs will adhere to the following principles to avoid/minimize adverse impacts and adopt appropriate mitigation measures:  As the first step toward mitigating adverse impacts, POs will always try to avoid affecting tribal persons/households who are socio-economically vulnerable.  Where impacts are absolutely unavoidable, the POs will ensure that the beneficiary communities collectively rehabilitate the affected persons/ households with measures acceptable to them.  POs must conduct full consultation with the affected tribal person.  Where displacement of public land users is unavoidable, POs will assist the affected persons/households to relocate on available public lands in the vicinity.  POs will mobilize the tribal communities to collectively provide financial and material assistance to the affected persons/households to move and rebuild their houses.  Where businesses, such as small-scale road-side shops, are displaced, POs will mobilize community assistance to relocate them in the vicinity to ensure that they remain operational and do not lose income.  Where private land is unavailable on voluntary contribution, contribution can only be sought against compensation. 6. Compensation Mechanism: Depending on an affected tribal person’s (if any) preference, POs and the beneficiary communities may consider using both financial and material forms of compensation and assistance. POs will ensure delivery of the agreed compensation/assistance in a timely and transparent manner. Compensation for the affected assets will be according to the following principles:  Replacement cost for an equal amount of land of same productive quality.  Replacement cost of houses/structures at the current prices of same building materials, plus the current cost of labor to build them. Depreciation and value of the salvageable building materials will not be deducted while computing the compensation.  Current market prices of trees that are to be felled (owners will retain ownership of un-felled trees).  Other acceptable in-kind compensation.  Compensation in cash will be made in public. The POs, beneficiary tribal communities and the landowners will jointly determine the replacement costs of land based on the most recent transactions made in the same or adjacent Page 8 localities, in view of the land type, productive quality and accessibility. Current prices of other assets, such as building materials, trees, etc. will be in accord with those in the local markets. POs will document the impacts on affected persons/households, mitigation measures agreed with them, and verifiable evidence that the agreed measures have been implemented. The cases of voluntary private land contributions and contributions against compensation will also be documented with appropriate evidence and will remain open to verification by PKSF, World Bank and others interested in the project (Documentation formats for impact assessment and mitigation; contribution of lands and other assets; and a schedule of compensation for using public and private lands are suggested in Annex 1,2,3,4,5,and 6). 7. Baseline Conditions: Sustainable Enterprise Project planning processes will include preparation of a baseline on the socio-economic profile and resource dependence of the small ethnic groups in the project area, along with other relevant information on the small ethnic population in there, such as their participation in community decision-making, participation within local institutions and customs, and language and cultural markers. Based on the consultations, key issues of the small ethnic communities and other marginalized groups with respect to project interventions would be summarized, and will form part of the baseline. Every sub-project plan will contain a separate section on the baseline small ethnic group situation, if present. This baseline will be used in the preparation of the TPP and will include the following:  List of communities with presence of small ethnic communities and their identification (name of small ethnic community, other marginalized social groups, if any);  Community-wise listing of all small ethnic and other marginalized households;  Community-wise socio-economic profile of small ethnic and marginalized groups/households and other social groups (occupations, land holdings, debt status, etc.);  Details of any traditional small enterprises in the community. Participatory assessment methods will be used during the planning stages, and the key issues of tribal communities will be summarized in TPP Report. 8. Consultation with the Ethnic Community: Free, prior and informed consultations will be held with small ethnic and other vulnerable communities, CBOs, NGOs, and small ethnic community institutions (if any) where small ethnic community populations are found to be in the sub-project areas. These free, prior and informed consultations will take place during resource development planning process, and their broad community support will be documented. The following mechanisms will be followed: Page 9  Separate consultations with small ethnic communities will be organized for every such group identified during the sub-project preparation stage. POs and PKSF will be responsible for this;  Where small ethnic communities' populations are in the minority, exclusive consultations with small ethnic community women and men, leaders, NGOs, and any relevant stakeholders to identify the priorities and strategies for ensuring small ethnic community inclusion in project institutions, interventions, and project benefits;  Fortnightly meetings in small ethnic communities for information sharing and consultation during the planning stages;  Monthly meetings during the implementation stages of the project;  Project will enhance awareness of its interventions among local small ethnic community populations through timely and routine publication and dissemination of information on the sub-project interventions in communication strategies that are locally acceptable and understandable. 9. Capacity Building  The project will provide an action plan to address the capacity enhancement needs of tribal communities and ensure that they will be able to know real time information of related OHS related hazards and adopt mitigation measures.  PKSF and POs will be involved in mobilizing the tribal people for group formation and for strengthening through training. Likewise, capable members of local ethnic groups, including women will be engaged by the concerned agencies of PMU to undertake information dissemination works, preparing the beneficiary groups for project activities and contributory works.  Development of beneficiary groups during the sub-component implementation will include social mobilization and information campaign, and skills upgrading.  Representation of the vulnerable groups and their active involvement in project activities during and post implementation phases will increase their access to the services to be provided by the project. These groups will also have sufficient opportunities for gaining skills and getting other benefits of the project, such as income generation, developing capacity for disaster mitigation etc.  Involvement of local media will uplift the advocacy organization at local level to promote project benefit on more sustainable manner. It will act as useful tool particularly in the field and in the application of climate information in sectoral developments.  Mitigation measures will prioritize while addressing the susceptibility of diverse vulnerable groups including ethnic groups.  The PMU will be actively involved in disseminating information on to the target group beneficiaries about the key project components, sub-components, activities, eligibility Page 10 and selection criteria, stakeholder involvement, contribution of the project and project implementation process. 10. Grievance Redress Mechanisms Wherever relevant and wherever traditional mechanisms are prevalent, grievance redress mechanisms (GRM) will be customized for addressing the needs of small ethnic and vulnerable community people. In addition, wherever small ethnic and vulnerable community people are in large numbers, there will be a small ethnic and vulnerable community representative in the grievance committees. The Grievance Redress Mechanisms will be as per described in the Social Management Framework (SMF). 11. Monitoring and Reporting PMU will be responsible for monitoring and evaluation of activities related to TPP. PMU, with the help of the POs, will collect ethnicity-disaggregated data. PKSF will regularly analyze Project output and impact indicators, including by ethnicity. A Gender and TP specialist may be appointed who would build the capacity of the PKSF and relevant personnel to collect ethnicity-disaggregated project data and ensure that monitoring and evaluation procedures include indicators for monitoring impact on the project’s beneficiaries. PMU will provide World Bank any related information for their review of performance and compliance with the World Bank policies. 12. Specific Measures Specific measures for vulnerable groups including tribal people, minor ethnic communities, women, and powerless communities are outlined in following table. Source of funding and the agencies responsible to implement the proposed strategies are included in the table below. Table 02: Specific measures for TPP Proposed Strategies Source of Responsibl funding e A. Inclusion  Ensure participant awareness campaign, The PMU project implementation and monitoring project  Ensure equal wages for similar work during implementation  Launch project information campaign to inform the target groups about the key features of the project and sub-component B. Project Planning  Access and analyze the presence of tribal The PMU/PKSF people and other vulnerable communities project in project sites Page 11 Proposed Strategies Source of Responsibl funding e  Treat and support tribal and vulnerable people preferentially  Involve tribal people during the project planning stage C. Capacity Building  Conduct project related meetings in tribal The PKSF and and vulnerable community areas to Project PMU encourage their participation. Ensure a quorum which includes representation from tribal groups  Provide targeted assistance/training aimed at vulnerable groups to enhance livelihoods and participation in the sub- components  Built an awareness campaign about the project in the project  Develop capacity through trainings on application of Small enterprises.  Build capacity of tribal peoples and other vulnerable communities promoting necessary knowledge and skills to participate in sub-component activities 13. TPF and TPP Disclosure 1. PKSF will disclose the TPF and TPP on its website along with a summary in Bangla and make their hard copies available at its headquarters and other locations (e.g., Union Parishad and PO project office) that can be easily accessed by public. Page 12 Annex 1: CHECKLIST FOR SUBGRANTS WITH NEGATIVE SOCIAL ATTRIBUTES [POs will complete this checklist and submit to the PMU. PKSF will also use this checklist for physical verification] PO Name: ………………………………………………………………………………………………. Type of Enterprise & Location: …………………………………………………………………… Involuntary Resettlement: Do the proposed project activities: 1. Require private land which is to be acquired by using the Bangladesh Acquisition [ ] Yes [ ] No and Requisition of Immovable Property Ordinance, 1982 ? 2. Require private land which is not available on voluntary contribution? [ ] Yes [ ] No 3. Affect any private homesteads (vita with houses & other assets)? [ ] Yes [ ] No 4. Require land that is not available on ‘contribution against compensation’ or other [ ] Yes [ ] No means not acceptable to the landowners? 5. Make persons/households using public lands destitute? [ ] Yes [ ] No 6. Affect mosques, temples, graveyards, cremation grounds, and other [ ] Yes [ ] No places/objects that are of religious and cultural significance? 7. Affect livelihood of vulnerable persons based on the required land? [ ] Yes [ ] No 8. Significantly restrict access to common property resources and livelihood [ ] Yes [ ] No activities of groups and communities? Tribal Peoples: Do the activities linked with enterprise development, including physical / construction activities: 1. Threaten cultural/traditional way of life of tribal peoples? [ ] Yes [ ] No 2. Require tribal lands that are to be acquired by using the Bangladesh Acquisition [ ] Yes [ ] No and Requisition of Immovable Property Ordinance, 1982 3. Severely restrict access to common property resources (forests, water bodies, [ ] Yes [ ] No etc) and livelihood activities? 4. Affect places/objects of cultural and religious significance (places of worship, [ ] Yes [ ] No ancestral burial grounds, etc.) “Yes” answer to any of the questions under Involuntary Resettlement and Tribal Peoples will make the proposed project ineligible for financing under SEP. Annex 2: SCREENING FORM [POs will complete this form and submit to PKSF] PO Name & Address: …………………………………………………………………………………..… Screening Dates: ………………………………………………….. A. The Proposed Enterprise Title: ………………………………………………………………….……………............................ Page 13 1. Location of the enterprise and target/beneficiary communities Village: ............................................................. Union: .................................................................. Upazila: ............................................................. District: ................................................................ 2. Enterprise proposed for communities where residents are: [ ] All mainstream or non-tribal peoples [ ] All tribal peoples [ ] Majority mainstream or non-tribal peoples [ ] Majority tribal peoples 3. Brief description of the activities and expected benefits: .……………………………………………………………………………………………… 4. How do poor in general and women in particular benefit from the proposed activities? .................................................................................................................................................. 5. Description of any physical/construction activities that will be required by the project: .……………………………………………………………………………………………… B. Community Participation 6. Community consultations conducted on the following dates: ……………………………………………. 7. Women were consulted separately: [ ] Yes [ ] No Consultation minutes are available for review: [ ] Yes [ ] No 8. Names of PO personnel participated in screening: .……………………………………………………………………………………………… 9. Names of community members participated in screening: .……………………………………………………………………………………………… C. Social Safeguard Issues 10. Were free, prior and informed consultations held with the communities? [ ] Yes [ ] No If ‘Yes’, consultation dates: ................................................................................................................ 11. Does the project require any physical/construction activities? [ ] Yes [ ] No 12. Will there be a need for lands to carry out the physical/construction works? [ ] Yes [ ] No 13. If ‘Yes’, the required lands presently belong to: [ ] Government (Public Lands: Khas, other GoB agencies, Local Governments) [ ] Private citizens [ ] Commons land [ ] Others (mention) Page 14 14. If the required lands are Public Lands, they are presently used for: [ ] Agriculture (No. of persons/households using the lands: ……..…. ) [ ] Residential purposes (No. of households living on them: ……..…. ) [ ] Commercial purposes (No. of persons: ………. No. of shops, etc: ……… ) 15. If the required lands are Private Lands, they are presently being used for: [ ] Agriculture (No. of landowners/households: ………. ) [ ] Residential purposes (No. of households: ………. ) [ ] Commercial purposes (No. persons: ………. No. of shops, etc: …….… ) 16. If the required lands are Private, they will be mobilized through: [ ] Voluntary contribution [ ] 'Contribution against compensation' [ ] Other means (please mention): D. Information on Tribal Peoples (TP) 17. If the required lands are Private and belong to Tribal Peoples, they will be obtained through: [ ] Voluntary contribution [ ] 'Contribution against compensation' [ ] Other means (please mention): 18. Do the physical/construction works restrict any Tribal Peoples’ access to any resources that they use for livelihood? [ ] Yes [ ] No 19. If yes, dates of consultation held with the TP communities and their organizations: …...................... Are consultation minutes available for review: [ ] Yes [ ] No 20. Names of TP community members and organizations which participated in social screening: ……………………………………………………………………………............................................ 21. Is there a traditional Grievance Redress Mechanism (GRM) in the project locality? [ ] Yes [ ] No 22. If ‘Yes’, did any member of this GRM participated in social screening? [ ] Yes [ ] No 23. The would-be affected TP have the following forms of rights to the required lands (more than one may apply): [ ] Legal (No. of TP households: …..…..) [ ] Customary (No. of TP households: ……….) [ ] Lease agreements with the government (No. of TP households: …...….) [ ] Others (Mention): …………………………………….................................................................. (No. of TP households: …..…..) 24. The following are the three main economic activities of the would-be affected TP households: a. ……………………………………………………..........................…………..…........................ 25. Social concerns expressed by TP communities and organizations? .……………………………………………………………………………………………………..…... 26. The TP community and organizations perceive the social outcomes of the proposed activities for enterprise development: Page 15 [ ] Positive [ ] Negative [ ] Neither positive nor negative 27. In respect of the social impacts and concerns, is there a need to undertake an additional impact assessment study? [ ] Yes [ ] No --------------------------------------------------------------------------------------------------------------- This form is completed by (Name of PO official): …………………………………………....................... Signature: ……………………………………….. Date: ……………………… Page 16 Annex 3: IMPACTS ASSESSMENT AND MITIGATION DATA SHEET [To record information on lands and other assets to be used] 1. PO Name & Address: ………………………………………………………………………………. 2. Types of Enterprise: …………………………………………….……………........................................ 3. Location of Enterprise: ………………………………………………………..………………………… Village: ………………….……………….. Union: ………………………………………… Upazila: ………………………………….. District: ……………………………………….. 4. Description of the physical/construction activities that will be implemented under the enterprise: 5. Description of lands used for the enterprise: 6. Public Lands: Total amount used (decimals): …………..… Squatters Encroachers Others (specify) Number of affected users Other assets affected on public lands: ………………………….………………………………….......... Livelihood impacted of vulnerable persons: …… …………………………………………………………………………………………..... Private Lands: Total amount used (decimals): Total number of affected …………… landowners: ……………. Other private assets affected: …………………………………………................………………………… Livelihood impacted: .......................................................................................................................... 7. How the private lands obtained: Amount No. of Contributors Voluntary contribution Contribution against compensation Other means (Specify): …………………………..…. ………………………………………………………..) 8. Compensation payment No. of persons paid Total amount paid (Tk) Contributions against compensation Squatters Others (specify) …………………..... …………………………………...…. 9. Documentation: Types of evidence of voluntary contribution obtained: [ ] Signed MOU witnessed by community members [ ] Others (specify) ………………………………………………………………….………....… This form is filled in by (Name): ……………………………………………………Signature: ……………………………………………. Date: ………………………… Page 17 Tribal People’s Framework Annex 4: FORMAT TO DOCUMENT ‘CONTRIBUTION OF ASSETS’ PO Name & Address: ………………………………………………………………………………….. Type of Enterprise and Location: ..………………………………….…………….............................................. The following agreement has been made on (Day-Month-Year) .............................. between (the Owner(s) .........................................……………………………….……, resident of ……………………. .…………….......................................................................... and the PO (Recipient). 1. That the Owner(s) holds the legal right to the land (Dag No., Khatian No., Mouza, etc.) ........... .…………….….………………………………………………………... and other assets situated on it. 2. That the Owner(s) hereby voluntarily contributes to the Recipient portion (in decimal) of this asset for the construction of (infrastructure name) ………………………………………………………. ..…….……………………………………… for the benefit of the villagers and the public at large. There are no vulnerable groups losing livelihood as a result of this contribution of land, nor are there any other encumbrances on the land. Either, in case of Voluntary Contribution: 3. That the Owner(s) will not claim any compensation against the contribution of this asset. Or, in case of Contribution Against Compensation: 4. That the Owner(s) will receive compensation against the contribution of this land and other assets as per the attached Schedule. 5. That the Recipient agrees to accept this grant of assets for the purposes mentioned above. 6. That the Recipient shall construct and develop the (infrastructure name) ……………………… ………………………………………..… and take all possible precautions to avoid damage to adjacent land/structure/other assets. 7. That both the parties agree that the (infrastructure name) …………………………………….… ……………………………….. constructed/developed on the land shall be public premises. 8. That the provisions of this agreement will come into force from the date of signing of this document. 9. That the owner gives up all claims to the land and the title of the land will be transferred to the recipient through the existing legal process in the country. ……………………………………………………... …………………………………….……... Signature of the Owner(s) Signature of the Recipient Witnesses (Name, signature, father’s/husband’s name, and address): 1. ………………………………………………………………………………………………………… 1|Page Sustainable Enterprise project Tribal People’s Framework Annex 5: SCHEDULE OF COMPENSATION FOR PRIVATE AND PUBLIC LANDS [For each person who has made ‘contribution against compensation’ and squatter and encroacher who has been paid compensation or assisted in any other form] 1. PO Name & Address: ……………………………………… 2. Name of Enterprise and Location: .………................................................................................. 3. Name of Compensation Recipient: ……………………………………………………………...... Father’s/Husband’s Name: ………………………………………………………………………… 4. Compensation for: [ ] Contribution of land against compensation [ ] Displacement from public land (squatter/encroacher) 5. Compensation Schedule Affected Items Amount/units Agreed Compensated for Compensation Land (in decimals) Houses/structures (Floor area in sft): Structure type (bamboo, mud, brick, etc.): ……………………………………………………….... Trees (Number) Others (Specify): ………………………………………….. Total Agreed Compensation: Agreed compensation in words: .......................................................................................................... Agreed Compensation Paid: Agreed Compensation Received: …………………………………………………........... …………………………………………… Name & Signature of PO Official Signature of Recipient (Contributor/Squatter/Encroacher) Date: …………………. Date: ……………………. 2|Page Sustainable Enterprise project Tribal People’s Framework Annex 6: MAJOR IMPACT AREAS AND INDICATORS The following major impact areas and indicators are suggested for assessment of TP concerns and social risks: Cultural Characteristics  Relationships with areas where they live -- relating to religious/cultural affinity with the ancestral lands, existence of livelihood opportunities, etc.  Presence of customary social and political organizations – characteristics indicating internal organization and cohesion of the communities, and their interaction with those of the non-tribal population.  Interactions and relationships with other tribal peoples’ groups in the same and other areas.  Presence of TP organizations, like POs and CBOs, working with TP development issues, and their relationship with mainstream organizations engaged in community development activities.  Identification of any cultural aspects that are likely to be affected or made vulnerable because of the proposed adaptation activities. Settlement Pattern  The extent to which the tribal settlements are physically separated from those of the non-tribal peoples, indicating interactions and mutual tolerance between the groups.  Characteristics indicating physical organization of homesteads, and the existing community facilities, such as schools, water supply, etc.  Present distance between the settlements and the proposed physical/construction activity in the field level projects. Economic Characteristics  Prevailing land tenure -- indicating legal ownership and other arrangements that allow them to reside in and/or cultivate the lands in their areas.  Access to common property resources -- prevailing conditions under which they may have been using natural resources like forests, water bodies, and others that are considered important sources of livelihood.  Occupational structure -- indicating relative importance of household’s present economic activities, and the extent to which they might be affected or benefited because of the proposed adaptation measures.  Level of market participation -- engagement in activities that produce marketable goods and services, and how and to what extent market participation would be affected or enhanced. 3|Page Sustainable Enterprise project