BINH DINH PROVINCIAL PEOPLE’S COMMITTEE HA TINH PROVINCIAL PEOPLE’S COMMITTEE QUANG NGAI PROVINCIAL PEOPLE’S COMMITTEE PHU YEN PROVINCIAL PEOPLE’S COMMITTEE NINH THUAN PROVINCIAL PEOPLE’S COMMITTEE ----------------o0oo--------------- SFG3438 REV ETHNIC MINORITIES PLANNING FRAMEWORK (EMPF) (Final Draft) VIETNAM EMERGENCY FLOOD DISASTER RECONSTRUCTION PROJECT Project Provinces: Ha Tinh, Quang Ngai, Binh Dinh, Phu Yen and Ninh Thuan August 2017 áo cáo: ii BINH DINH PROVINCIAL PEOPLE’S COMMITTEE HA TINH PROVINCIAL PEOPLE’S COMMITTEE QUANG NGAI PROVINCIAL PEOPLE’S COMMITTEE PHU YEN PROVINCIAL PEOPLE’S COMMITTEE NINH THUAN PROVINCIAL PEOPLE’S COMMITTEE ----------------o0oo--------------- ETHNIC MINORITIES PLANNING FRAMEWORK (EMPF) VIETNAM EMERGENCY FLOOD DISASTER RECONSTRUCTION PROJECT FOR. PROJECT OWNER PREFACE This Ethnic Minority Planning Framework (EMPF) is prepared for Emergency Flood Disaster Reconstruction Project to be implemented in five provinces of Ha Tinh, Quang Tri, Binh Dinh, Ninh Thuan and Phu Yen in compliance with the World Bank’s OP4.10 on Indigenous Peoples, and the Vietnam’s national laws and regulations. EMs are exposed to risks and impacts as a result of development projects. As social groups are distinct from the dominant group which is Kinh, EM peoples are typically among the most marginalized and vulnerable segments of the population. Their economic, social, and legal status often limits their capacity to defend their rights to lands, other productive resources, and restricts their ability to participate in and benefit from the development investments. Therefore, this EMPF was prepared based on the results of the social assessment conducted for this Project. Where EM peoples were consulted, consultation with them were conducted in a free, prior and informed manner to collect their feedback based on their needs and concerns – based on the potential impact of the Project, and their development needs – in line with the Project’s objective, are included in the project design. The consultation with the EM peoples in the project area also aims to confirm if there is a broad community support for the project implementation. The EMPF describes the policy requirements and planning procedures that project implementing agencies will follow during the preparation and implementation of the Project. i TABLE OF CONTENT PREFACE ........................................................................................................................................ i ABBREVIATIONS ....................................................................................................................... iii DEFINITION OF TERMS ............................................................................................................ iv EXECUTIVE SUMMARY ............................................................................................................ 1 I. INTRODUCTION .................................................................................................................. 2 1.1. Project Description ........................................................................................................... 2 1.2. Objectives of the Project .................................................................................................. 3 1.3. Ethnic Minority in the Project Area ................................................................................. 3 1.4. Summarized Characteristics of the Culture and Beliefs of Ethnic Minority People living in the Project Areas ..................................................................................................................... 5 1.5. Potential Impacts of the Project ....................................................................................... 6 II. NATIONAL LEGAL AND POLICY FRAMEWORK .......................................................... 9 2.1. National Legal and Policy Framework for Ethnic Minority Peoples ............................... 9 2.2. World Bank’s Operational Policy on Indigenous Peoples (OP 4.10) ............................ 12 III. PUBLIC CONSULTATION AND DISCLOSURE OF INFORMATION ....................... 13 3.1. Consultation in the Project Preparation Process ............................................................ 13 3.2. Consultation with EM during the Project Implementation Stage .................................. 13 3.3. Rules and Guidelines For Ethnic Group Participation ................................................... 14 3.4. Broad Community Support Attained With Consultations During Project Design......... 15 3.5. Social Assessment .......................................................................................................... 15 IV. PREPARATION OF EMDP .............................................................................................. 17 4.1. Developing an EMDP .................................................................................................... 17 4.2. Procedure for Review and Approval of an EMDP ......................................................... 18 4.3. Disclosure of EMPF and EMDP .................................................................................... 18 V. IMPLEMENTATION OF EMPF AND EMDP ................................................................... 18 5.1. Implementation Arrangements ....................................................................................... 18 5.2. Grievance Redress Mechanism ...................................................................................... 19 VI. MONITORING AND EVALUATION ............................................................................. 20 6.1. Internal Monitoring ........................................................................................................ 20 6.2. External Monitoring ....................................................................................................... 20 VII. COSTS AND BUDGET .................................................................................................... 21 Annex 1: Summary of Consultation Results with EM Group ...................................................... 23 Annex 2: Outlines of EMDP ......................................................................................................... 27 ii ABBREVIATIONS AHs Affected Households PMU Project Management Unit PC People’s Committee CARB Compensation, Assistance and Resettlement Board DMS Detailed Measurement Survey DOLISA Department of Labour, War Invalids and Social Affairs EFDR Emergency Flood Disaster Reconstruction EM Ethnic Minority EMDP Ethnic Minorities Development Plan IMA Independent Monitoring Agency LURC Land Use Right Certificate MOLISA Ministry of Labour, War Invalids and Social Affairs OP World Bank’s Operational Policy RPF Resettlement Policy Framework RAP Resettlement Action Plan EM Ethnic Minority WB World Bank ODA Official Development Assistance VND Viet Nam dong iii DEFINITION OF TERMS Project Impacts Means positive and negative impacts of the Project that caused by all project’s activities. Adverse impacts are often consequences immediately related to the taking of a parcel of land or to restrictions in the use of legally designated parks or protected areas. People directly affected by land acquisition may lose their home, farmland, property, business, or other means of livelihood. In other words, they lose their ownership, occupancy, or use rights, because of land acquisition or restriction of access. Affected people Refers to individuals, organizations that are directly affected socially and economically by the project. This could be as a result of involuntary taking of land and other assets that results in (i) relocation or loss of shelter; (ii) loss of assets or access to assets; or (iii) loss of income sources or means of livelihood, whether or not the affected persons must move to another location. Mandatory land acquisition includes ownership when the owner has given permission and has benefited from ownership/residence in another area. In addition, affected person is one for whom involuntary restriction of access to legally designated parks and protected areas result in adverse impacts on livelihoods; however, the project also takes consideration into both negative and positive indirectly affected groups. In addition, displaced person is one for whom involuntary restriction of access to legally designated parks and protected areas that result in adverse impacts on livelihoods also. Indigenous Equivalent to ethnic minority peoples in Viet Nam refers to a distinct, Peoples vulnerable, social and cultural group possessing the following characteristics in varying degrees: (i) self-identification as members of a distinct indigenous cultural group and recognition of this identify by others; (ii) collective attachment to geographically distinct habitats or ancestral territories in the project area and to the natural resources in these habitats and territories; (iii) customary cultural, social, economic, social or political institutions that are separate from those of the dominant society and culture; and (iv) an indigenous language, often different from the official language of the country or region. Vulnerable Refers to distinct people groups who might be affected resettlement groups impacts more seriously or have to face with risk of being repulsed out of social development situation by resettlement impacts and include specific groups as follow: (i) women headed household (single, widow, disabled husband) with dependents, (ii) disables (loss of working ability), the elderly alone, (iii) poor household, (iv) the landless, and (v) ethnic minority groups and indirectly affected EM groups. Culturally Means having regard for all facets of the cultures, and being sensitive to appropriate their dynamics. Free, prior, Refers to a culturally appropriate and collective decisionmaking process informed and subsequent to meaningful and good faith consultation and informed consultation participation regarding the preparation and implementation of the project. It does not constitute a veto right for individuals or groups. iv Collective Means that for generations there has been a physical presence in and attachment economic ties to lands and territories traditionally owned, or customarily used or occupied, by the group concerned, including areas that hold special significance for it, such as sacred sites. “Collective attachment” also refers to the attachment of transhumant/nomadic groups to the territory they use on a seasonal or cyclical basis. Customary rights to Refers to patterns of long-standing community land and resource usage in lands and resources accordance with Ethnic Minority Peoples’ customary laws, values, customs, and traditions, including seasonal or cyclical use, rather than formal legal title to land and resources issued by the State. v EXECUTIVE SUMMARY 1. The Government of Viet Nam requested the financial support from the World Bank for the Emergency Flood Disaster Reconstruction Project (EFDR). The Project Development Objective (PDO) is to reconstruct and rehabilitate infrastructure assets in disaster-affected project provinces (85 percent) and strengthen the capacity of the Government to effectively respond to future disaster events (15 percent). The PDO will be achieved by rebuilding key infrastructure assets base d on a ‘build back better’ approach emphasizing all stages of infrastructure life cycle including design, construction, and maintenance and strengthening institutional capacities for climate and DRM. 2. The main beneficiaries of this project include communities in the five flood-affected provinces that will benefit from the restoration and improvement of damaged infrastructure. Direct beneficiaries include over 1.2 million inhabitants in five provinces, of whom 52 percent are women and 9.4 percent are poor. Ethnic minorities in each of the provinces will also be direct beneficiaries of project-funded activities. The total population of the five provinces, around 5.1 million people, will also benefit, directly or indirectly, from the increased capacity of the provinces to ‘build back better’ infrastructure and respond more efficiently to disasters. 3. This EMPF is prepared - as per Bank’s OP 4.10, to contribute to the Bank's mission in terms of poverty reduction and sustainable development. The EMPF aims to ensure the development process carried out under the Project will fully respects the dignity, human rights, economies, and cultures of ethnic minority people in the project area. To this end, EMPF will be applied under the Project to guide the preparation of Ethnic Minorities Development Plans (EMDP) for subprojects, where applicable. It provides guidance on how to conduct preliminary screening of ethnic minorities, social assessments, identification of mitigation measures and other development support activities, grievance redress mechanism, gender-sensitivities, and monitoring and evaluation. This EMPF also guide to address potential negative or adverse impacts, including impacts related to land acquisition, loss of assets, physical resettlement, and other impact that are not related to land acquisition, such as temporary impact on aquaculture during the construction process, if any. This EMPF aims to ensure EM peoples could participate in the planning and implementation process of the project to receive long-term socioeconomic benefits that are culturally appropriate to them - through the investments under Project’s Component 1. The EMPF also aim to build the capacity for Client (PMUs of Binh Dinh, Ha Tinh, Quang Ngai, Phu Yen anh Ninh Thuan and respective EM agencies) in preparation and implementing EMDP for subprojects where ethnic minorities are present in, or have attachment to, subproject lands. 4. The project conducted a social assessment for the whole proposed project to gather relevant information on demographic data, including social, cultural and economic information as well as social, cultural and economic impacts. The assessment includes the following key components: (a) development of a socioeconomic baseline of project affected households for a sample, (c) a stakeholder analysis, (c) gender analysis of project affected households, and (d) screening (within the project’s area of influence – as a minimum) and confirmation of presence of indigenous peoples, (here refer as Ethnic Minorities), ethnic minority communities – as per Bank’s OP/BP 4.10 in the project area. 5. From the EM screening, it was confirmed that ethnic minority communities including Bana, Hre, Co, Cham and Raglai in three provinces of Quang Ngai, Binh Dinh and Ninh Thuan are present in the project area and could be potentially affected. A process of free, prior informed consultation with affected EM's communities of the Project during the project design was carried out and will be for the rest of the project cycle, to fully identify their views and ascertain their broad community support for the Project. 6. The Binh Dinh PMU, under Binh Dinh PPC is assigned as lead agency, along with PMUs of Ha Tinh, Quang Ngai, Phu Yen and Ninh Thuan, in coordination with Board of Ethnic Minorities will be responsible for the EMDP implementation, including capacity building and strengthening the project executing agencies and stakeholders. And to ensure that the EMDP implementation is transparent and complies with the EMPF as well as the World Bank’s OP/BP 4.10 on Indigenous Peoples, a number of mechanisms consisting of free prior public consultation, and communication strategy, monitoring and evaluation and grievance address, will be established and performed throughout the project implementation cycle as a continuous process. 1 I. INTRODUCTION 1.1. Project Description 1. The Government of Vietnam received a loan from the World Bank for Vietnam Emergency Flood Disaster Reconstruction Project, including five provinces of Binh Dinh, Phu Yen, Ninh Thuan, Quang Ngai and Ha Tinh (hereafter called EFDR). The development objectives of the province aim at reconstruction of infrastructure in the project areas. This will be achieved through reconstruction of key infrastructure based on the approach of “build back better”, in which, paying attention to all phases of infrastructure, design, construction, maintenance and capacity building for natural disaster risks management and climate change. 2. In order to achieve these above objectives, the Project consists of 03 components with the following contents: (i) Component 1: Resilient Reconstruction of Flood Damaged Infrastructure at Provincial level . The objective of Component 1 is to strengthen resilience of flood affected communities in five selected provinces through the reconstruction and rehabilitation of damaged critical provincial-scale infrastructure, specifically irrigation, flood control and road/bridge infrastructure. This Component will be implemented by the selected provinces. The affected areas will benefit from restored access to public services/facilities thereby increasing the economic growth and access to social services. The reconstructed critical flood prevention structures and the restored roads and bridges will also increase the safety of people and assets, and serve as supply and rescue lines in the event of a disaster. It will have 5 sub-Components each of which will be implemented by the five respective provinces: (a) Sub-Component 1: This sub-Component will fund for improvement/ reconstruction of damaged roads and bridges, including landslide protection and slope stabilization, associated drainage systems and other structures to increase climate change resilience; (ii) damaged irrigation systems, including diversion structures, canals and canal structures, desilting and reshaping of drainage channels; and (iii) damaged flood prevention/control structures, including river embankment structures, dykes, revetments, etc. (b) Sub-Component 2: This sub-Component will fund resilient reconstruction of damaged roads, bridges, irrigation systems and flood prevention/control structures in Phu Yen Province. (c) Sub-Component 3: This sub-Component will fund reconstruction of damaged roads, bridges, irrigation systems and flood prevention/control structures in Quang Ngai province. (d) Sub-Component 4: This sub-Component will fund reconstruction of damaged roads, bridges, irrigation systems and flood prevention/control structures in Ninh Thuan province. (e) Sub-Component 5: This sub-Component will fund reconstruction of damaged roads, bridges, irrigation systems and flood prevention/control structures in Ha Tinh province. (ii) Component 2: Disaster Recovery Capacity Enhancement. The Objective of this Component 2 is to strengthen the institutional capacity of the Government at the Central and provincial levels to respond to future disasters. It will be implemented by the Ministry of Agriculture and Rural Development (MARD). Component 2 will finance: (i) evaluation of the effectiveness of the existing flood risk reduction efforts in the Central Region, using the 2016 floods as a case study; (ii) development of streamlined fast-track procedures for preparation, prioritization, financing resources mobilization and implementation of the emergency reconstruction and recovery; and (iii) building capacity of DRM agencies on damage and loss assessment methodology. Counterpart funding will partially support the participation of provincial officials to the training and workshop organized by Component 2. (iii) Component 3: Project Management. The objective of Component 3 is to support project management, safeguards and monitoring and evaluation. It will be implemented by the Binh Dinh 2 Provincial People’s Committee. It will fund activities related to supporting project implementation such as overall reporting, project-related audits, safeguard, monitoring and evaluation, project oversight, mid-term review and end-of-project impact evaluations. Component 3 will also fund equipment and provision of training to strengthen the Provincial Project Management Units (PPMUs), as well as individual consultants and operating costs. This component will also support coordination and reporting of the different components of the project. 3. The Project will be implemented in four (04) years, started in 2017 and completed in 2020. Total investment of the Project is estimated at about US $ 130.3 million, of which, IDA loan from WB is US $ 118 million and US $ 2 million from Global Fund for Disaster Risk Reduction (DFDRR). 1.2. Objectives of the Project 4. The Project Development Objective (PDO) is to reconstruct and rehabilitate infrastructure assets in disaster-affected project provinces (85 percent) and strengthen the capacity of the Government to effectively respond to future disaster events (15 percent). The PDO will be achieved by rebuilding key infrastructure assets based on a “build back better” approach emphasizing all stages of infrastructure life cycle including design, construction, and maintenance and strengthening institutional capacities for climate and DRM. 5. The main beneficiaries of this project include communities in the five flood-affected provinces that will benefit from the restoration and improvement of damaged infrastructure. Direct beneficiaries include over 1.2 million inhabitants in five provinces, of whom 52 percent are women and 9.4 percent are poor. Ethnic minorities in each of the provinces will also be direct beneficiaries of project-funded activities. The total population of the five provinces, around 5.1 million people, will also benefit, directly or indirectly, from the increased capacity of the provinces to “build back better” infrastructure and respond more efficiently to disasters. Government officials from line ministries, including the MARD, MPI, MOF, and MOT, and the five provinces will benefit from enhanced disaster recovery capacity. 1.3. Ethnic Minority in the Project Area 6. Viet Nam has 54 officially recognized ethnic groups, of which the Kinh accounts for 87 percent of the population. The other 53 ethnic minority groups, totaling over 8 million people, are scattered over mountainous and remoted areas (covering two-thirds of the country's territory) spreading from the North to the South. Among ethnic minorities, the most populated are Tày, Thái, Mường, Hoa, Khmer, Nùng, etc. with a population of around 1 million each, while the least populated are Brâu, Rơ Mâm, Ơ Đu with several hundred people each. 7. A number of EMs mastered some farming techniques with rice cultivation in swamped paddy fields, which involves irrigation and other hunting, fishing, collecting practices. Through the shared struggle for defending and building of the country and a common community between the Kinh people and other EMs had been gradually established and continuously consolidated and developed. 8. Vietnam’s policy of not discriminating against EMs is evidenced by the establishment of Council for Ethnic Minority Affairs, which belonging to the National Assembly. The Constitution (2013) provides adequate legal and institutional frameworks to protect EMs and ratifies their distinct languages as one of the aspects of cultural diversity and identity. The Committee of Ethnic Minorities Affairs (CEMA - a ministerial level agency) is responsible for all activities related to EM people to ensure equal access and participation to Government policies and investments. This has been the case when for example EMs received preferential treatment for accessing college admission and to benefit from other social programs and subsides (e.g. cooking oil, provision of iodized salt, among others). 9. The government, multilateral and bilateral agencies, and NGOs have organized numerous development and special assistance programs that target EMs. Yet EMs in Vietnam are severely disadvantaged if compared with the rest of the country. The poorest EMs remaining are harder to reach; facing challenges due to isolation, limited assets, low levels of education, poor health status. EM poverty is a growing and persistent challenge. According to the latest poverty line data, 66.3 percent of EMs are 3 poor compared to only 12.9 percent of Kinh population (WB, 2012). There are many reasons for the pervasive poverty of EM groups in Vietnam. Such as dealing with population growth, depletion of natural resources, and cultural dislocation resulting from decades of imposed change. 10. Out of 05 project provinces, there are three (03) provinces of Binh Dinh, Ninh Thuan and Quang Ngai with ethnic minorities living in the project area and affected by works construction activities. Which are: (1) Binh Dinh province has 33 communes, towns with ethnic minorities community living and centralized into village, hamlets community under 06 mountainous and midlands districts: An Lao, Vinh Thanh, Van Canh, Hoai An, Tay Son, Phu Cat. Ethnic minorities people in mountainous area are about 9,500 households (36,500 people). Currently, there are 27 ethnic minorities, of which 3 main existing ethnic minorities including Cham, Bana and H’re people with 9,300 households, 35,700 household members and some new ethnic minorities immigrants with about 200 households, 800 members. (2) Quang Ngai has 4 ethnic minority groups. The ethnic groups living in the community including: Hre, Co, Nung, Ca Dong, but 2 among them consisting of Hre and Co was found presenced in the targeted project area. These ethnic groups live in the mountainous districts of Tay Tra, Tra Bong, Son Ha, Son Tay and Ba To. (3) Ninh Thuan has a total of 34,616 households / 160,010 ethnic minorities, accounting for 23.74% of the province's population, of which Cham people are 17,230 households/82,497 people (accounting for 12.3% of the whole province’s population). RagLai ethnic group has 15,470 households/70,453 people (accounting for 10.4% of the whole province's population); Hoa people are 943 households / 3,771 people, other minorities are 973 households / 4,289 people. Cham compatriots live in 13 communes in the same plain; Raglai people live in mountainous communes and difficult areas. 11. Screening of the EM presence in the Project area is described in the table bellowed: Table 1: Ethnic Minorities in the Project Area No. of EM in the Population of Province District/town Rate (%) province districts/communes Binh Son 781 8,324 9% Son Tinh 19 24,022 0% Tu Nghia 2,408 10,242 24% Nghia Hanh 1,080 32,072 3% Mo Duc 32 7,341 0.4% QUANG NGAI Duc Pho 4 16,014 0.02% Ba To 2,538 5,609 45% Son Ha 38,329 44,570 86% Son Tay 17,422 19,466 89% Tay Tra 18,773 23,394 80% 4 No. of EM in the Population of Province District/town Rate (%) province districts/communes Tra Bong 24,870 16,307 15% Quy Nhon city 34 62,307 0.05% Phu Cat 32 48,050 0.1% Phu My 2 45,437 0% Hoai Nhon 1 50,047 0% BINH DINH Hoai An 1,016 26,010 4% Tay Son 446 37,520 1% Van Canh 3,309 8,255 40% Vinh Thanh 2,523 9,253 27% An Lao 3,051 8,210 37% Thuan Nam 19,615 58,497 34% Ninh Son 20,007 75,208 27% Bac Ai 25,649 26,685 96% NINH Ninh Phuoc 52,152 129,990 40% THUAN Ninh Hai 9,355 91,937 10% Thuan Bac 30,273 41,229 73% Phan Rang 3,959 172,304 2% Source: Project Provinces Ethnic Department, 2017 1.4. Summarized Characteristics of the Culture and Beliefs of Ethnic Minority People living in the Project Areas 12. Cham people. Living concentratedly in 13 communes in the delta of Ninh Thuan province, formerly houses of Cham people are clay walls with four roofs, cottage or tile. Currently, houses are concreted, meaning that there has been a change in design and construction materials. In the village, there is a temple where the festivals are celebrated. Cham’s traditional handicrafts are weaving brocades and pottery, nowadays which are concentrated in My Nghe Weaving and Bau Truc Pottery Trade Villages. Cham people belongs to Brahmin and Islam religion. The worship of grandparents, ancestors and people are meritorious to the nation, the gods. 13. Raglai people. Out of 54 ethnic groups in Vietnam, Raglai people account for a low rate, but it can be said that Raglai is the ethnic group with a unique culture associated with the environmental conditions of the upland rice farmers in South Central. The main tools are: axes, sticks, grass scraping, harvesting rice is carried out by hand. Raglai people raise buffalos, pigs, chickens and ducks. Previously, 5 these animals are mainly used in worship. Currently, buffaloes are used as pulling force. Pigs, chickens and ducks become commodities to exchange or improve meals. The Raglai have woven bamboo and rattan to make containers, rice riddling tools, baskets. Handicrafts are mainly man-made. Raglai’s houses are often built on the hillside towards one side of the stream and have far-reaching building practices. Raglai people live in stilt houses (also known as long houses), are place to gather at least three or four generations under the control of the host, who is usually the elderly, the oldest in the family, in the clan. The Raglai follow the polytheistic beliefs of "animism." They take the names of rocks, mountains, forest trees, animals to name after their children’s last name and viewed as a guardian god. 14. Bana people. In Binh Dinh province, Bana live in Van Canh, Vinh Thanh, An Lao districts, and 3 communes in Hoai An district, one commune, 3 villages of Tay Son district. Ba Na people live on agriculture, mainly upland cultivation. Along with farming, each family usually has poultry, cattle such as buffalos, cows, goats, pigs and chickens. Dogs are also raised but not slaughtered. Almost every village has a smithy. Some places know how to make simple pottery, women weaving cloth for members in their family. Men knit mats, nets, all kinds of baskets and so on. Trade is implemented based on the principle of exchanging commodity, valuation is identified by chicken, poleax, rice basket, pig or copper pots, gongs, buffalo and so on. 15. H're people live concentratedly in the communes of An Lao district. The H'rê belong to the mountainouss Mon-Khmer language group. The Hre cultivate wet rice for a long time, wet rice cultivation technique of the Hre is similar to that of the South Central Plains. H’re people’s livestock are primarily used to serve worship (such as Kieng Sat pig), but buffaloes are also used to plow. Knitting, weaving is quite developed, but weaving has been lost over the last few decades. In the H're village, "village elders" have a high reputation and play an important role. H're people greatly respect their community and the link with each member of the community. In festivals such as buffalo fighting or worship in the village, all families have to send participants and contribute effort. 16. Co people mainly tills the fields (on mountainous slope). Co people grows rice, maize, cassava and many other crops. In particular, Quang cinnamon is a traditional specialty in Tra My. In the Co area, Cinnamon has high quality and productivity and its fame is known by regions of the country and in many parts of the world. Every year, cinnamon brings significant income to the Co. Each village of the Co has its own name by the name of the village head or the name of the river, the stream, the name of the land, the name of the forest. In Co people’s society, the elders are always respected. The old man, who was worshiped as the village headman, must have a good knowledge of customs, rich experience in production and social behavior, highly trusted by the villagers and of the village clan. The Co likes to sing, dance gong, drum. The popular folk songs of the Co are Xru, Klu and Agioi. The old stories of the Co are passed down orally from life to life which always captivate both the narrator and the listener. 1.5. Potential Impacts of the Project 17. Implementation of the project will bring positive effects related to social and economic development through reducing damages caused by disasters annually, ensuring safety of traveling for local people in flooding season as well as to increase agricultural productions. However, it will also cause negative impacts due to requirements of land acquisition for construction works, which is inevitable, and or temporary disruptions of local people livelihood during construction time. This potential impact is assessed on the basis of free, prior and informed consultations and information disseminations for ethnic minority communities in the project area. It is also based on many meeting held with project stakeholders, NGOs, community representatives and in-depth interviews with key informants and local peopls. Results from these consultations is presented in Annex 1. 1.5.1. Positive Impacts 18. The project “build-back-better” approach through process of re-building key flood-control works and rehabilitation of transport roads and bridges will enable increase capacity to ensure safety for people and assets, and serve as rescued roads in the case of natural disaster. The project is also expected to bring about the following benefits for local population - including EMs in the project’s area of influence: 6 (i) Direct benefits for people living in the sub-catchment area, by (i) ensuring safety for people and assets; (ii) ensuring farming land area not to be eroded or damaged; and (ii) generating job opportunities for the population. (ii) Direct support to reduce the incidence of flooding in the project’s targeted area, and its associated costs such as reduction of impacts on the agricultural production; on the physical damage to properties and other assets/goods; on the loss of income. (iii) Affected areas will be benefited from the restoration of access to public facilities / services, thereby increasing economic growth and access to social services. (iv) Contribute to increasing the resilience of flood-affected communities through the rehabilitation and restoration of damaged provincial infrastructure, including irrigation works, flood control, and bridges/roads infrastructure. 1.5.2. Negative Impacts on Land and Livelihoods (i) Land Acquisition: The implementation of the project in certain areas will unavoidably involve land acquisition (both permanent and temporary). An estimated 19,813 m2 of types of land (annual trees land, residential land) of 214 ethnic minorities’ households will be required for construction of works in the entire project. (ii) Livelihoods: The project are likely to affect the livelihoods local people. During the construction time, there will be temporary impacts on people's agricultural production as well as the potential impacts on the natural fishing of people in La tinh river area (Binh Dinh sub-project), bamboo harvesting (Ninh Thuan sub-project). Efforts is made to avoid land impact on EM peoples, through alternative technical engineering design to avoid the adverse impact on land and livelihoods of local people. None of ethnic minority households has to relocate their former location; most of acquired land area is planting annual crops or a few of area of fence and sheds behind houses (Ninh Thuan and Binh Dinh sub-projects). (iii) Temporal Impacts to EMs during construction. There should be some temporary impacts caused during construction, they are:  Impacts to EM’s daily economic activities: the general construction activities associated with project implementation will also direct and indirect impacts of the economic activities within the Project area, particularly, rehabilitation of road and/or road sections might limit or prevent local people from transpotation, which require through traffic to take different routes or reducing the number of lanes that can be used; temporary re-build of existing irrigation schemes that may cause temporary flooding and water cut; Limiting the sales of businesses along the roads due to land acquisition.  Sexually Transmitted Infections: The Project impact relates to increased risks of exposure to HIV/AIDS during construction and post construction phase due to large volumes of transit traffic along the road. Women, especially female EMs are at bigger risk to be posed by HIV/AIDS, road safety than man. Additionally, poor women and female-headed EMs in the Project area are at risk to suffer economically losing productive assets (houses, business, farm land) due to land acquisition.  Labor Influx and Social concerns: outside laborer associated with the construction phase, road safety during construction is also issue that might cause cultural conflict between local EMs and incoming worksers. The people in the Project Area hope that the Project will be implemented with a good management system, thus project workers be managed well to ensure that no conflict between the project workers and the residents in the Project Area. (iv) Graves and Cultural Constructions. Due to proposed small-scale works, the implementation of the projects will not affect the cultural structures or graves of locals including EMs. 7 1.5.3. The Mitigation Measures (i) Land Acquisition and Livelihood: The measures to minimize the impact of land acquisition will be implemented through policies on compensation and resettlement assistance of the project. The project will conduct broadly consultations with affected ethnic minority communities. They will receive full entitlements and the special restoration programs for vulnerable groups of the project, as set-out in the project RPF. (ii) Temporary impacts to EMs during construction time: For subprojects that involve road rehabilitation, and or upgrading irrigation and flood control, households who living along or nearby proposed project road or do agricultural production at the project targeted areas may be potentially affected during the construction operation. It is anticipated that they should be consulted when the detailed design of the subprojects is available, and the construction measures become clear. Effort should be made with regards to construction measures to ensure construction operation are done during the time when their traveling and agriculture producing are less impacted to minimize the potential impact. In case, impact is not avoidable, compensation should be provided to the affected households – as per RPF, to ensure their livelihood will not be worsening off as a result from the project construction. (iii) In addition, the contractor should work closely with local government to ensure the construction of the camps for workers and take into account factors that prevent / reduce the risk of negative impact on the daily lives and activities of ethnic minority people. To avoid / minimize the potential negative impact on society and culture for ethnic minority communities during construction, the workers and the people involved should be trained to understand the culture of ethnic minority group living in the project area, creating in-place employment for ethnic minorties people during the construction period. It is recommended that Construction Contractor could hire unskilled labors from local people, especially pay attention to ethnic minorities, women labor; payment for ethnic minorties people is equivalent to the other labors. (iv) The Contractor must comply with, as well as specifications for the construction camp and mitigation of environmental pollution are specified in the environmental management plan (particularly in the fields relating to ethnic minorities). 1.5.3. Objective of EMPF 19. This EMPF is prepared - as per Bank’s OP/BP 4.10, to contribute to the Bank's mission in terms of poverty reduction and sustainable development. The EMPF aims to ensure the development process carried out under the Project will fully respects the dignity, human rights, economies, and cultures of ethnic minorities people in the project area. 20. Bank’s OP/BP 4.10 requires that when the project involves the preparation and implementation of annual investment programs or multiple subprojects, but the presence of EM in the subproject area could not be determined until the programs/subprojects are identified during project implementation; the project owner has to prepare an EMPF. This EMPF provides guidance on how an EMDP for a program/subproject should be prepared. It helps, on the basis of consultation with affected EM in the subproject areas, ensure: a) Affected EM peoples receive culturally appropriate social and economic benefits; b) When there are potential adverse effects on EM, the impact are identified, avoided, minimized, mitigated, or compensated for. 21. This EMPF was prepared on the basis of a) social assessment, including the environmental impact assessment, b) consultation with ethnic minority peoples present in the project areas (Reference Annex 1 of this document), and c) consultation with key project stakeholders, including the Committee for Ethnic Minority of project provinces and communes with EM people, and the World Bank. 8 II. NATIONAL LEGAL AND POLICY FRAMEWORK 22. This section provides a framework for ensuring that the ethnic minorities in the project area (equivalent to the indigenous peoples as defined in OP 4.10 of the WB) has equal opportunity to share the project benefits, that free consultation, prior inform and adequate information dissemination will be conducted to ensure their broad-based community access and support to the project are obtained, and that any potential negative impacts are properly mitigated and EMPF will be applied to all the subprojects. It provide guidance on how to conduct preliminary screening of ethnic minorities, social assessments, EMDP establishment and identification of mitigation measures given due consideration to consultation, grievance redress, gender-sensitivities, and monitoring. An outline of the EMDP report is provided in Annex 2. 23. In terms of consultation and participation of ethnic minorities, when the subprojects affect EM, the affected EM peoples have to be consulted on the basis of free, prior, and informed consultations, to assure: a) EM and the community they belong to are consulted at each stage of subproject preparation and implementation; b) Socially and culturally appropriate consultation methods will be used when consulting EM communities. During the consultation, special attention will be given to the concerns of EM women, youth, and children and their access to development activities; c) Affected EM and their communities are provided, in a culturally appropriate manner at each stage of subproject preparation and implementation, with all relevant project information (including information on potential adverse effects that the project may have on them; and d) The free, prior and informed consultations with EM community leads to a broad community support for the project implementation. 24. Where necessary, a local person (of the same EM group) will invited to join the consultation just in case local EM language is required to promote the free exchange of information between the EM peoples, and the consultant team. 2.1. National Legal and Policy Framework for Ethnic Minority Peoples 25. Constitution of the Socialist Republic of Vietnam (2013) recognized the equality between ethnic groups in Vietnam. Article 5 of the Constitution in 2013 provides: - Socialist Republic of Vietnam is the unified state of all nationalities living in the country of Vietnam. - The nationalities equal, unite, respect and help each other to develop; prohibits any discrimination, ethnic division. - The national language is Vietnamese. The nation has the right to use voice, text, preserving the national identity, promoting traditions, customs, traditions and culture. - The State implements a comprehensive development policy and creates reasonable conditions for the ethnic minorities to mobilize resources, along with the development of the country. 26. The adaptation of economic and social policies to each region and each group, taking the needs of ethnic minorities into account, is a requirement. The Socio-Economic Development Plan and Socio- Economic Development Strategy of Vietnam specifically call for attention to ethnic minorities. Major programs targeting ethnic minority people include Program 135 (infrastructure in poor and remote areas) and Program 134 (eradication of poor quality houses). A policy on education and health care for ethnic minorities is in place. The legal framework has been updated in 2014. All legal document references are in Table 3 bellowed. 9 27. The Government of Vietnam has developed a series of policies to develop, enhance socio- economic condition of ethnic minorities in the mountainous and remote regions. The Government implemented the program 135 for the phase 1, phase 2 to enhance socio-economic development in poor communes located in mountainous areas or areas inhabited by ethnic minorities. The program 135 for phase 3 was also implemented including supporting for infrastructure investment, production development for difficult communes, boundery communes, communes in the whole region, difficult hamlets, villages in the period 2012-2015, which is the component project of the National Objective program of sustainable poverty reduction and the period 2016-2020 to enhance socio-economic development in poor communes located in mountainous areas or areas inhabited by ethnic minorities. Besides the overall development program for ethnic minorities, the Government assigned the Committee for Ethnic Minorities Affairs to guide provinces to prepare projects Development Assistance for ethnic groups with less than 1,000 people, i.e. Si La, Pu Peo, Ro Mam, Brau, O Du. The government also conducted Rapid and Sustainable Pro-poor Program 61 poor districts, where many ethnic minorities live. 28. The Prime Minister promulgated the Decree No. 84/2012/ND-CP by dated 12 October, 2012 on the functions, tasks, powers and organizational structure of the Committee for Ethnic Minorities Affairs (CEMA). The Decree stipulated that the CEMA, a ministerial government, performs the function of state management of ethnic affairs in the country; state management of public services under the jurisdiction of CEMA as stipulated by law. Along with Decree 05/2011/ND-CP dated 14 January, 2011 on the work of EM, Decree 84/2012/ND-CP was issued as a legal basis for CEMA to continue concretizing guidelines and policies of the State on ethnic minorities in the period of industrialization and modernization; promote the power to unite the whole nation for the target rich people, strong country, social justice, democracy and civilization, in order to ensure and promote equality, solidarity, respect, help each other to develop and preserve the cultural identity of the peoples in the great family of ethnic groups of Vietnam. 29. The documents of the Government on the basis of democracy and the participation of local people are directly related to this EMPF. Ordinance No. 34/2007/PL-UBTVQH11, dated 20 April, 2007 (replaced for Decree 79/2003/ND-CP dated 07 July, 2003) on the implementation of democracy in communes, wards , and town provides the basis for community involvement in the preparation of development plans and supervision of community in Vietnam. Decision No. 80/2005/QD-TTg by the Prime Minister, dated 18 April, 2005 regulates the monitoring of community investments. Legal Education Program of CEMA (2013 - 2016) aims to improve the quality and effectiveness of legal education, awareness raising on self-discipline, respect, strictly abiding law of officials and public servants, the employees of the organizations for EM. 30. The Land Law 2013 affirms that land belongs to all peoples, with the State representing on behalf of all peoples the ownership and management of this land. The State authorizes the land use rights to the land users through land allocation, land lease, recognition and management of land use. For the allocation of forestland, the Land Law provides that allocation of production forestland, protection forestland, special use forestland for organizations, households, individuals, community; however, each type of forestland allocated for different user has different rights. Those being allocated by the State are called “land users”. Land Law prescribes that land users are issued with land use certificates, entitled to products from the investment on the land. Households, individuals allocated by the State for production plantation land have the right to transfer, convert, lease, inherit, mortgage and joint venture the value of the land area; forest allocated communities are not able to transfer, convert, lease, inherit, mortgage and joint venture the value of the land area. 31. Development of socio-economic policies for each region and target group should consider the needs of ethnic minorities. Socio-economic development plan and strategy of Vietnam calls for special attention to ethnic minorities. Policies on education and health care for ethnic minorities have also been issued. 10 Table 2: Legal Documents Relating to Ethnic Minority 2016 Decision 2085/QD-TTg by the Prime Minister on approval the Special policy to support socio- economic development in ethnic minority and mountainous areas in the period of 2017 – 2020 2016 Decision No 1722/QD-TTg dated 02/9/2016 of the Prime Minister on approval of National Target Program for Sustainable Poverty Reduction in the period 2016-2020 2015 Decision No. 1557/QD-TTg dated 10/09/2015 of the Prime Minister on the approval of a number of indicators for the Millennium Development Goals for ethnic minority associated with sustainable development goals after 2015 2015 Decision No 601/QD-UBDT dated 29/10/2015 of Committee on Ethnic Minority Affairs on additional recognization, adjustment of particullary difficult hamlets, communes in the region I,II, III under mountainous and ethnic areas. 2013 Joint Circular No. 05/2013-TTLT-CEM-ARD-MPI-TC-XD dated on November 18, 2013 guideline of program 135 on support infrastructure investment, production development for extremely difficult communes, border communes, particularly difficult villages 2012 Decision No. 54/2012-QD-TTg of the Prime Minister dated on December 04, 2012 on promulgation of lending policy for development for particularly difficult ethnic minorities in period 2012-2015 2012 Decree No. 84/2012/ND-CP of the Government dated on December 10, 2012 on functions, tasks, powers and organizational structure of the Committee for Ethnic Minorities. 2012 Joint Circular No. 01/2012/TTLT-BTP-CEM date on January 17, 2012 of the Ministry of Justice and the Committee for Ethnic Minorities on guideline and legal assistance for ethnic minorities. 2011 Resolution No. 80/NQ-CP dated 19/5/2011 of Government on orientation of sustainable poverty reduction in the period 2011-2020. 2010 Decree No.82/2010/ND-CP of government, dated 20 July 2010 on teaching and learning of ethnic minority languages in schools. 2009 Decision No 102/2009/QD-TTg dated on August 07, 2009 of the Prime Minister on directly policy assistance for the poor in difficult area. 2008 Resolution No.30a/2008/NQ-CP of government, dated 27 Dec. 2008 on support program for rapid and sustainable poverty reduction for 61 poorest districts. 2007 Circular No.06 dated 20-September-2007 of the Committee for Ethnic Minorities Affair guidance on the assistance for services, improved livelihood of people, technical assistance for improving the knowledge on the laws according the decision 112/2007/QD-TTg 2007 Decision No. 05/2007/QD-UBDT dated 06-September-2007 of the Committee for Ethnic Minorities Affair on its acceptance for three regions of ethnic minorities and mountainous areas based on development status 2007 Decision No.01/2007/QD-UBDT dated 31-May-2007 of the Committee for Ethnic Minorities 11 Affair on the recognition of communes, districts in the mountainous areas. 2007 Decision No.06/2007/QD-UBDT dated 12-January-2007 of the Committee for Ethnic Minorities Affair on the strategy of media for the program 135-phase 2 2.2. World Bank’s Operational Policy on Indigenous Peoples (OP 4.10) 32. The OP 4.10 aims at avoiding adverse effects on indigenous people and increase activities to bring about projects benefits taking into account their cultural demands and needs. The Bank requires indigenous peoples to be fully informed and able to freely participate in projects. The project has to be widely supported by the affected EMs. Besides, the project is designed to ensure that the EMs are not affected and mitigation measure to be defined if required and that the EM peoples to receive socio- economic benefits that should be culturally appropriate to them. The Policy defines that EM can be identified in particular geographical areas and the following characteristics at different levels:  Self-identification as members of a distinct indigenous 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  Speak an indigenous language, often different from the official language of the country or region. 33. As a prerequisite for an investment project approval, OP/BP 4.10 requires the borrower to conduct free, prior and informed consultations with potentially affected EM peoples and to establish a pattern of broad community support for the project and its objectives and the project activities. It is important to note that the OP/BP 4.10 refers to social groups and communities, and not to individuals. The primary objectives of OP/BP 4.10 are: (i) to ensure that such groups are afforded meaningful opportunities to participate i n planning project activities that affects them; (ii) to ensure that opportunities to provide such groups with culturally appropriate benefits are considered; and (iii) to ensure that any project impacts that adversely affect them are avoided or o therwise minimized and mitigated. 34. As per the OP/BP 4.10 this EMPF will be applied to all the subprojects to be supported, provides guidance on how to conduct preliminary screening of ethnic minorities, social assessments, the EMP preparation identification of mitigation measures, grievance redress, gender-sensitivities, and monitoring. EMs are likely to receive long term benefits through the investments of Component 1 and 2 of the project but they may be negatively affected by land acquisition and/or relocation, among others. Specific policy and action plan to mitigate the potential impacts due to land acquisition and relocation will be addressed through the preparation of the Resettlement Action Plan (RAP) of each sub -project. 35. In terms of consultation and participation of ethnic minorities, when the subprojects affect EM peoples free, prior, and informed consultation will assure: a) EM and the community they belong to are consulted at each stage of subproject preparation and implementation; b) Socially and culturally appropriate consultation methods will be used when consulting EM communities. During the consultation, special attention will be given to the concerns of EM women, youth, and children and their access to development activities; and 12 c) Affected EM and their communities are provided, in a culturally appropriate manner at each stage of subproject preparation and implementation, with all relevant project information (including information on potential adverse effects that the project may have on them, and d) The free, prior and informed consultations with EM leads to a broad community support for the project implementation. III. PUBLIC CONSULTATION AND DISCLOSURE OF INFORMATION 3.1. Consultation in the Project Preparation Process 36. One of the purposes of consultation process and regular public meetings is to engage EMs in meaningful consultations and the results, incorporated in project design. Consultation will be allowing EMs to express their views and concerns and confirm potential project benefits and ascertain the broad community support. For the project, a two-step consultation process is designed to ensure compliance with Indigenous Peoples Policy (OP/BP 4.10) of World Bank as follows: 37. Consultation with EMs in the project preparation process at the site through free, prior and informed consultations to ensure that all proposed activities of the project will receive broad community support from EM groups who may be affected the project activities. Furthermore, to identify the views of EMs on a large scale. The process engaged when conducting social experts of the Project Management Unit and communal authorities to identify potential impacts and benefits on EM communities To ensure the participation of women in these consultations methodologies applied, included as to conduct small group discussions, defined schedules and locations of their best convenience, and provided with the required support of translators, among others. The topics discussed included project information on potential impacts on cultural, costumes, traditions, livelihood practices of EMs, or on their social capital and networks. The project supported and provided with spaces to dialogue and address community aspirations and priorities identified in a participatory manner. 38. To perform the first step of the consultation process, the Project Management Units contracted the Consultant to carry out extensive free, prior and informed consultation with EM communities in a culturally-sensitive manner in the areas of the proposed project activity where EMs live. Consultation was carried out through group discussions with a small sample size from 10 to 15 people during March – April 2017. The participants were selected randomly, combined with purposeful sampling to collect more points of view. Group discussion was an effective means of consultations because it encourages the sharing and discussion of views and ideas related to the proposed project to get feedbacks and comments for the draft EMPF. 39. The participants expressed their aspirations and their concerns about improving agricultural production. They support the project and expect that the project will soon be implemented to improve the damaged infrastructure and their livelihoods. 3.2. Consultation with EM during the Project Implementation Stage 40. Conducting consultations with EMs during project implementation aims to gather and document information about the needs and specific challenges they are facing, and identify any potential areas of additional or other forms of support. Those selected by the project will build the processes and guide counseling to ensure that consultations will be done in a suitable place and in a timely manner. In addition, the consultation should be conducted in an appropriate way that can be accessed by EMs as well as ensure that all vulnerable groups are involved in the consultation process to create a friendly and honest environment without interference or threats from outside. The consultation process should ensure that the affected EM communities: (i) broadly support the objectives of the project; (ii) are aware of the project’s benefits and believe that the benefits are suitable with their culture; (iii) have had sufficient opportunities to identify their priorities and limitations related to compensation, resettlement and environmental issues. 13 41. During the project implementation phase under EFDR project, EMs will be consulted in all the activities of the project that may have potential positive or negative impacts to them. All efforts will be made to engage EMs in the planning, design, implementation and monitoring of measures to increase the benefits from the project and to avoid negative impacts. 42. The Provincial Project Management Unit (PMUs) will be responsible for ensuring the participation of the community through the People's Committee of communes, community groups/associations, local leaders and EM leaders, women association and fatherland front, and local agencies. It is essential to invite local people to participate in meetings, including separate meetings with women, to know their views on project activities and identify the positive and negative impacts on their lives from the project. 43. The PMUs will hold regular meetings with the People's Committee of communes, women's associations, village headman and local communities to ensure that all involved persons are fully aware of and understand the contents of the project. The purpose of the consultations is for all EM expected to be affected by the project to gain sufficient information about the project components, the project activities, the mitigation and compensation measures, and mechanisms established for redress of grievances. These meetings will be planned and the PMUs will coordinate with the CEMA at the provincial level or/ and officers in charge of EMs at the district to ensure that all impacts are identified and addressed. 44. Through the consultation process, PMUs will notify the EM people of their rights, the project’s scale, and the potential impacts on the livelihoods, environment and natural resources. When there a difference or conflict between EMs and the project implementing agencies emerge, PMUs will need to put in place a mediation and negotiation approach resolve those differences. Negotiation includes mutual respect for cultural differences, discussion of the issue with the legitimate representatives of the EMs, allowing sufficient time to make decisions, and willingness to compromise and record results. Without evidencing the broad support of the community for the subproject or project activities, the World Bank will not finance such activities. These evidences include the whole process: calls for the meetings (printed announcements, radio clips etc.); list and signature of participants/attendees with representation of women; photos; summary of the discussions; concerns posed and alternatives that respond to local aspirations 45. It should be noted that many EMs in Vietnam, especially women, the elderly, and those who live in EM communities in remote rural areas, have limited Vietnamese reading skills. Educational attainment and literacy capabilities of affected EM communities will be determined through the social impact assessment. These methods and methods of suitable communication/media for culture and gender will be used to eliminate communication barriers. This may include translation of documents into ethnic languages, using interpreters in community meetings, greater use of communication methods with virtual aids in EM communities with high illiteracy or low educational qualifications, and holding separate meetings for women and men according to local cultural traditions in the necessary places. 3.3. Rules and Guidelines For Ethnic Group Participation 46. Efforts will be made to engage EM to ensure their participation in the activities of the project may affect or benefit them. 47. The project will ensure support activities are consistent with the culture of EM, including their language, customs and traditions. For compensation for land acquisition and crops, the negative impact to EMs will be avoided or minimized by finding all feasible alternatives. EM households affected by project will be fully compensated for lost or damaged assets, income and business activity based on replacement cost. In addition, the appropriate measures for livelihood restoration will be given to assist them to improve or at least maintain their standard of living, income and the ability to produce the same level as before the implementation of the project. In infrastructure projects, all affected minority households having legal land use right certificates (LURC) will be fully compensated for their affected land, housing and property loss (if it occurs). The implementation schedule and budget for the planning and EMDP implementation must be separated for each subproject and the overall project concerning additional 14 compensation for lost land and properties. For female-headed households and households with disabled and elderly people, special allowances will be provided to help them restore their livelihoods and their income. 3.4. Broad Community Support Attained With Consultations During Project Design 48. Results from social assessment and consultations showed that broad local community are aware of and support the implementation of project activities. A summary of the subjects addressed, that received affirmative EMs support in consultations included: (i) Locally a number of the poor people and households are lacking-productive-land. The project is expected to involve and help those vulnerable people lagging behind their current situation by engaging them in forest protection activities, and with livelihoods improvement activities. Local authorities and communities confirmed their support to engage those vulnerable peoples. (ii) A large number of EMs communes are lacking basic infrastructures such as drinking/ potable, water supply systems, primary schools, and health centers. The specific EMDP will provide interventions or action plans that can cover or partially cover these items. (iii) In addition to broad support of the project, during consultation people also expressed their willingness to carry out a social supervision/control during the construction to ensure quality delivery. 49. Detailed description of the public consultation during preparation stage is presented in the Annex 1. 3.5. Social Assessment 50. Purpose: Social assessment (SA), in the context of Bank’s OP 4.10, is a study that aims to explore how planned project activities under a Bank financed subproject would affect the livelihoods of EM present in the subproject area. The purpose of the SA is to ensure if there is any potential adverse impact as a result of the subproject, appropriate measures are in place (in advance of subproject implementation) to avoid, mitigate, minimize such potential adverse impact, or to compensate for affected population, if unavoidable. The SA also aims to explore, based on the understanding of EM’s cultural, socio-economic characteristics of the EM communities, possible development activities that the project can implement (in relation to the project goal/objectives) to ensure EM peoples in the subproject area receives socio-economic benefits that are culturally appropriate to them. 51. Methods. A social assessment, in a nutshell, is a series of activities that are carefully planned and implemented to generate an outcome as outlined in the Purpose section above. Most important with the SA exercise is the consultation process which is be conducted with EM people in the subproject area to collect relevant information, do data analysis, and write up the EMDP report. Consultation should be undertaken as a series of meetings with EM done at different times during the subproject cycle to ensure potential impact is projected as accurate as possible. As a good practice, EMDP will be prepared based on free, prior and informed consultation and social assessment to ensure that the subproject will provide culturally appropriate benefits to EM people. The EM consulted need to be provided with accurate and sufficient information about the subprojects before the consultation with them take place. In addition, potential impacts, if possibly anticipated by the project owner, need to be made known to EM to help them understand the nature and the magnitude of the subproject’s impact on their income generation activities and livelihoods. 52. Appropriate consultation methods, specific to each ethnic minority groups, need to be adopted to obtain valid and reliable feedback from the EM being consulted. When consulting EM, particular attention need to be given to vulnerable groups, particularly those below the poverty line, the landless, the elderly, women and children. It is important that a broad community support for the subproject implementation be obtained before subproject is appraised for implementation. 15 53. Data collection. There are two types of data that need to be collected for a social assessment undertaken for a subproject. Data that are already available about the affected/target EM population are secondary data. These data could be readily available from local governmental reports, statistic books, books, newspapers, and peer-review journals. The social assessment team (either appropriately trained staff from local PMU, or consultants) should check if such secondary data are sufficiently available so as not to duplicate the data collection effort. Experience shows that data specific to household level are typically not readily available. Primary data, therefore, should be obtained from affected population through household surveys/visits, or through focus groups discussion using appropriate interviewing techniques. 54. Type of data. When conducting a social assessment to develop an EMDP, the following information should be collected from both secondary and primary sources: - General socio-economic data of the potentially affected EM population specify key demographic data on household composition, gender-differentiated data on income streams and occupations, education, health status, etc.; - Key cultural traits of EM groups; - Types of income generation activities, including income sources, disaggregated by their household member, work season, include land and productive assets; - Annual natural hazards that may affect their livelihood and income earning capacity; - Common pool resources, production and livelihood systems, tenure systems that EM may rely on; - Community relationship (social capital, kinship, social network…); - Potential (positive and adverse) impact of subprojects on their livelihoods; - Preferences of EM for support in development activities to be funded by project (Needs Assessment). 55. Data Analysis. This exercise is challenging, ranging from simple to complicated, depending on the type of data collected and the complexity of data, as well as data analysis skills available from the social assessment team. As a suggestion, qualitative data analysis should be obtained and analysis to support the findings of the social assessment. Quantitative analysis should be considered well before hand, and should only be adopted with the support from trained staff and support from external consultant. 56. Reporting. A detailed section of social assessment which covers all information mentioned above and setout in OP/BP 4.10, Annex A will be prepared and attached to each EMPF. Summary of preliminary social assessment1 for project is presented as following: - The project locates in the central coastal provinces: Ha Tinh, Quang Ngai, Binh Dinh, Phu Yen and Ninh Thuan, with difficult development conditions, vulnerable to natural disasters and climate change. Among these, there are 03 provinces where EM presents, consisting of Raglai and Cham in Ninh Thuan province, Ba Na and H're people in Binh Dinh province; H're and Co people in Quang Ngai province. Summarized profile of the EM group is summarized as following:  Household Size. Survey indicated that EM households size is on average of 4.3 person/ household, while those indicator for Kinh at 4.0 person/household on average.  Occupation and Income. Percentage of EM people working on production of agriculture, forestry and fisheries is about 93.4%, a bit higher than Kinh people (60.3%). The EM 1 During the project preparation of social assessment, number of consultations was carried out from March to April, 2017 in 7 project communes with participation of about 51 EM people and 10 officers from Ethnic Department in Quang Ngai, Binh Dinh and Ninh Thuan provinces 16 average income is around VND 1.45 million per capita per month (as compared with national rate in 2016 is approx. 4.1 million VND per capita per month).  Access to Public Facilities. All of the surveyed EM access to national power grid, while clean water supply is a critical issue that most of local people use water from drilled well, dug well and also rain water for daily activities.  Suffering from Flooding and Natural Disasters. The project location is annually suffered from natural disasters, therefore flooding, storming and other natural disaster are critical issues as indicated by EM people (including Kinh people and EM group), which ruined local people's roads, agricultural production area and especially destroyed their houses, public services (schools, clinic stations..). - In the consultations, the EMs expressed their broad support to the project implementation because the project will not only help re-built the damanged road, irrigation schemes caused by recent storms, but enabling to improve the agricultural productivity in the project area where EM group are residing. - The consultations was also implemented with other stakeholders, including committee for EM Affair, discussing on existing policies and implementations supporting to EM in the provincial project area, such as poverty reduction program (135 Program as stipulated in Decision 551/QD- TTg dated 4/4/2013), micro-credit for production development to the poor EM, for period 2012- 2015 (as mentioned in Decision 54/2012/QD-TTg dated 4/12/2012), provision of concentrated water supply (as mentioned in the Decision 1592/QD-TTg dated 12/10/2009)... They also expected that the Project will further develop effective program(s) that could help EM people improve their living condition IV. PREPARATION OF EMDP 57. The EMDP should be developed on the basis of social assessment and consultations with ethnic minorities in the project area. Consultation is important to EMDP preparation since it provides ethnic minority groups (both potentially affected and not affected by subprojects) with opportunities to participate in planning and implementation of subprojects. More importantly, it helps identify potential adverse impact, if any, as a result of subproject, on EM’s income generation activities and their livelihoods, thereby enabling devising of appropriate measures as to how adverse impacts could be avoided, minimized, and mitigated. Consultation also aims to ensure EM people have opportunities to articulate, on the basis of their understanding of subprojects/project goal, their needs for support from the project in relation to the project goal/project activities. The whole exercise of developing EMDP is grounded on a study that is referred to, in Bank funded projects, as social assessment. 58. In consultations, language which is used in consultation is suitable to hobbies and knowledge of ethnic minority groups. Private consultations of ethnic minority group need to implement to ensure that people can express their ideas comfortably. Method and form of consultation contents, time, location of consultations are appropriate with participation of ethnic minority people and their culture. 59. The subproject EMDPs will need to include map of the locations of EM communities and subproject activities, including location of worker camps and auxiliary works so as to help ensure that all potential impacts on, and risks to, EMs are identified/assessed. 4.1. Developing an EMDP 60. The PMUs or with support from social consultants shall comply the following steps to prepare EMDP for subprojects. With 03 project provincess with presence of EM community, as above result of project screening at early stage, 02 EMDP for each province should be prepared, including EMDP for works implemented in the first 18-month phase and EMDP for the remaining works. 17 61. Each EMDP should contain elements and aspects as suggested from Bank’s OP/BP 4.10. The depth and breadth of the EMDP may vary depending on the nature of project impacts, and the proposed development activities – as agreed upon with the consulted EM peoples. The final version of the EMDPs, incorporating final feedback from consulted EM peoples has to be disclosed – as per OP/BP 4.10 requirements. Please see Annex 2 of this EMPF for suggestive outline for an EMDP. 4.2. Procedure for Review and Approval of an EMDP 62. Once preparation of an EMDP is completed for a subproject, PMU needs to submit WB for review and approval. The Bank may request revision and update of the EMDP. When there is doubt or need for technical support in preparing the EMDP, the WB’s task team should be contacted for timely support. 4.3. Disclosure of EMPF and EMDP 63. As per Bank’s requirement, this EMPF will be disclosed locally at provincial, district, and commune levels. EMDPs to be prepared during project implementation, must be disclosed locally in an accessible place and in a form and language understandable to the EM peoples as well as other stakeholders. EMDPs drafted and final versions will be made available at the commune level in community meetings with the participation of all those key stakeholders involved and submitted to the Bank for approval. The project should ensure women affected households’ participation in the dissemination meetings. Copies of EMDPs (in Vietnamese and EM languages, if necessary) will be available in the office of CPC and at the home of village heads or at accessible place to the EMs. 64. The views of EM people gathered in consultation meetings will be recorded in the minutes of the meeting. At the same time, the content of all regular meetings between PMUs and EM leaders or representatives will be recorded. All concerns of the people involved will be recorded in this way to incorporate them into the planning process for the project and used in the implementation process to regulate the activities of the project. Any concerns, requests, or complaints raised in meetings or other consultations will be documented in the same way. 65. In order to ensure that the information will be fully disseminated to EM, the disclosure will be implemented in an appropriate way in EM’s language (if they are not able to read and speak Vietnamese language) and be suitable to their culture. The public meetings in villages will also be conducted in EM’s language if necessary. The information will be posted in public places such as CPC offices and village elders/heads. The information should be transmitted primarily as an image as to enable EMs with poor reading comprehension skills to understand. 66. EMPF and three EMDPs were disclosed locally on June 19, 2017 and on the Bank’s website on June 20, 2017. V. IMPLEMENTATION OF EMPF AND EMDP 5.1. Implementation Arrangements 67. The implementation of EM development activities requires the participation of local, national, provincial, district, and commune agencies and organizations. The People's Committees of each project province will take overall responsibility for the implementation of specific EM action plan for their province subproject. 68. For the Ethnic Minority Policy Framework of the Project, Binh Dinh Province People’s Commite is authorized as the lead agency taking responsible for approval of the framework, so that the other 04 provinces have basis for implementation of EMDPs. 69. The project provincial PMUs, in coordination with Board of Ethnic Minorities established to coordinate the project implementation. The PMUs are responsible for the overall implementation of EMDPs prepared under the project and ensuring that all project stakeholders understand the purpose of EMPF, and how EMDPs for each sub-project are prepared and approved prior to implementation. The 18 PMUs are also responsible for ensuring effective implementation of the EMDP, including monitoring and evaluation of the implementation of the EMDP. 70. The PMUs are responsible for assigning appropriate staff and budget – sufficient to implement an EMDP. In case where EM peoples are affected as a result of land acquisition, to allow construction of subprojects, compensation, assistance to EM affected will be addressed through relevant RAP(s) which is prepared of subproject in accordance with the project’s RPF. 71. At the outset of the project implementation, the PMU staffs will be provided with intensive trainings to enable them to be able to undertake screening of ethnic minority peoples in the subproject area. Where local capacity is insufficient to prepare an EMDP, qualified consultants may be mobilized to assist the PMU in development of EMDP for the subprojects. EMDP should be prepared in accordance with the EMPF. 72. Responsibility for preparation and implementation of EMDP are as follows: (a) The general responsibility of the elaboration and implementation of the EM policy framework belongs to Binh Dinh province authorized as focal agency. This agency shall employ consultants in close coordination with such relevant agencies as Ministries/ Departments at central level; People's Committees of province/ district/ town involved in the project and affected communities to prepare the EMPF. This EMPF will be submitted to WB for review and approval by Binh Dinh province. (b) The EMDP of each sub-project will be made by social consultant hired by local on the basis of principles of the EMPF as mentioned above. PPCs will be responsible for approving and implementing the EMDP after the WB’s no objection letter for EMDP. (c) The fund for the preparation of EMDP of the sub- projects will come from the counterpart fund of the locals. 5.2. Grievance Redress Mechanism 73. The grievance mechanisms under the Project will be two-tiered: one internal to the communities concerned and the other, involving third-party/external mediation. For each Project province, a Grievance Redress Committees will be established from villages/districts to provincial levels built on the existing structures consisting of concerned departments, mass organizations, women and ethnic representatives. At the village level, community based co-management will incorporate in the existing grievance mechanisms that will be chaired by elder and/or spiritual/tribal leaders, which are largely acceptable to local communities, particularly the ethnic minority groups. 74. The grievance redress mechanism will be applied to persons or groups that are directly or indirectly affected by the Project, as well as those that may have interests in a Project and/or have the ability to influence its outcome - either positively or negatively. The Project will provide training and support to strengthen these existing structures for effectively and collectively dealing with possible grievances that may arise during the course of the project implementation. All complaints and grievances must be properly documented by PPMU, with copies being filed at commune and district levels. 75. If the affected EM peoples are not satisfied with the process, compensation or mitigation measures, or any other issue, the EM themselves or EM representatives or village leaders can lodge their complaints to the PPC or to the PPMU following the grievance redress mechanism established in the EMDP. All grievances will be addressed promptly, and in way that is culturally appropriate to the affected EM peoples. All costs associated with EM’s complaints are exempt to EM complainants. PPMU and independent monitoring consultant are responsible for monitoring the progress of resolution of EMs’ complaints. All cases of complaints must be recorded in PPMU project files, and be reviewed regularly by independent monitoring consultant. 76. The grievance redress mechanism is established on the basis of the Vietnam’s laws. The mechanism of complaint and complaint and grievances resolution steps are as below: 19 First Stage - Commune People’s Committee: An aggrieved APs may bring his/her complaint to the One Door Department of the Commune People’s Committee (CPC), in writing or verbally. The member of CPC at the One Door Department will be responsible to notify the CPC leaders about the complaint for solving. The Chairman of the CPC will meet personally with the aggrieved APs and will have 30 days following the receiving date of the complaint to resolve it. The CPC secretariat is responsible for documenting and keeping file of all complaints handled by the CPC Second Stage - At District People’s Committee (DPC): If after 30 days the aggrieved affected household does not hear from the CPC, or if the APs is not satisfied with the decision taken on his/her complaint, the APs may bring the case, either in writing or verbally, to any member of the DPC or the DRC of the district. The DPC in turn will have 30 days following the receiving date of the complaint to resolve the case. The DPC is responsible for documenting and keeping file of all complaints that it handles and will inform the DRC of district of any decision made. Affected households can also bring their case to Court if they wish. Third Stage - At Provincial People’s Committee (PPC): If after 30 days the aggrieved PAP does not hear from the DPC, or if the PAP is not satisfied with the decision taken on his/her complaint, the PAP may bring the case, either in writing or verbally, to any member of the PPC or lodge an administrative case to the District People’s Court for solution. The PPC has 45 days within which to resolve the complaint to the satisfaction of all concerned. The PPC secretariat is also responsible for documenting and keeping file of all complaints that it handles. Affected households can also bring their case to Court if they want. Final Stage - Court of Law Decides: If after 45 days following the lodging of the complaint with the PPC, the aggrieved PAP does not hear from the PPC, or if he/she is not satisfied with the decision taken on his/her complaint, the case may be brought to a court of law for adjudication. Decision by the court will be the final decision. Decision on solving the complaints must be sent to the aggrieved APs and concerned parties and must be posted at the office of the People’s Committee where the complaint is solved. After three days, the decision/result on solution is available at commune/ward level and after seven days at district or province level. 77. To ensure that the above grievance mechanism is put into practice and approved by the affected ethnic minority people (by subproject), the mechanism should be consulted with local and community authorities when considering and evaluating culturally specific elements as well as traditions and cultural systems affecting the arising and settlement of complaints/grievance. If the goals and efforts of the ethnic minority people are taken to determine and decide how to solve the problems for them to accept. VI. MONITORING AND EVALUATION 78. Responsibility of overall monitoring and implementing the EMPF and EMDPs rests with the PPMU. Implementing the EMPF and EMDP will be subjected to external independent monitoring by a qualified consultant. The external independent monitoring consultant will be hired by PISC. This service could be integrated into the contract for independent monitoring of the implementation of RAP. 6.1. Internal Monitoring 79. Responsible unit. Binh Dinh is authorized as the lead agency taking responsible for submitting the EMDF to the World Bank for review and approval. Based on the World Bank’s the letter of approval, the People's Committee of Binh Dinh province will complete the EMPF approval procedure of the project. The PMUs will be responsible for approving the EMDP after receiving a letter of approval from the World Bank for these products. 6.2. External Monitoring 80. Responsible agency. An independent monitoring consultant (IMC) will be contracted to monitor the implementation of social safeguards of subprojects, including the EMDPs. Monitoring report will be submitted to the World Bank for review and comments. External monitoring should be conducted twice a 20 year during the implementation of the Project to timely identify issues that might need immediate action from PPMU. 81. Key indicators of external monitoring and evaluation is presented as follow: (a) Public consultation and awareness of project benefits, resettlement policy and entitlements of affected EMs (if relevant); (b) Level of satisfaction of affected EMs with the provisions of E MPF; (c) Grievance redress mechanism (documentation, process, resolution); (d) Effectiveness and sustainability of entitlements and income rehabilitation measures for affected EMs; (e) Gender impacts and strategy for inclusion; (f) Capacity of affected EMs to restore/re-establish livelihoods and living standards, support provided by the project; (g) Resettlement impacts caused during construction activities; actions take to mitigate and compensate impacts; (h) Impacts temporal or permanent affecting EMs income and livelihoods and actions undertaken for mitigation and compensation; (i) Activities planned and implemented for assuring EMs participation in planning and implementation; (j) Institutional capacity for supporting the EMDP elaboration and implementation., internal monitoring and reporting systems; (k) Channeling of government funds for compensation payment and allowances for affected EMs. VII. COSTS AND BUDGET 82. The screening results showed that the presence of ethnic minorities in the project area and affected by the project, PMUs need to conduct the steps to prepare development plans for ethnic minorities, which has been provided in Section IV of this document. PMUs should recruit a qualified consultant unit to perform these activities. 83. Funding for implementation EMDP of each subproject will be charged on the basis of specific activities proposed in each EMDP. This expense is calculated on the funding of the project. 84. EMDPs expected to be conducted in each province where Ems are present, include: - A summary of results of the free, prior, and informed consultation with the affected EM’ communities that was carried out during project preparation and that led to broad community support for the project; and framework for ensuring free, prior, and informed consultation with the affected EMs’ communities during project implementation; - An action plan of measures to ensure that the EMs receive social and economic benefits that are culturally appropriate, including, if necessary, measures to enhance the capacity of the project implementing agencies (e.g training on strengthening community’s awareness and capacity, communication on disaster risks and climate change; transfer of cultivation techniques adapted to climate, water condition; repair of roads, bridges and other public assets/ services in emergencies…; - Mapping of flood safety community and labor camp areas during construction; 21 - Mechanisms and benchmarks appropriate to the project for monitoring, evaluating, and reporting on the implementation of the EMDPs, and to address grievances by the affected Indigenous Peoples' communitiesarising from project implementation; - The cost estimates and financing plan for the EMDP. 85. Funding source: Fund for EMDP implementation will be allocated from local provincial counterpart fund. All project provinces of Binh Dinh, Quang Ngai and Ninh Thuan will provide adequate funding for the EMDPs’s preparation and implementation. 22 Annex 1: Summary of Consultation Results with EM Group No. Project Location Time Location Participants Consultation results 1 Binh Dinh 8h45 dated Provincial - Representatives of - Support for the project implementation 16 March Ethnic Provincial Ethnic - Currently, the province has 02 EM groups. The project 2017 Department Department implementation in the 18 first months is estimated to affect Representatives of 150 EM households in Vinh Thuan commune, Vinh Thanh Department of district; Agriculture and - When conducting the project, activities relating to ethnic Rural Development minority groups need attentions as matching - Social Consultants (the customary; guaranteeing 3 basic principles: households affected by land equality, solidarity and interdepend. acquisition and indirectly affected EM group) 2 Ninh Thuan 9h dated 3 Provincial - Representatives of - Support for the project implementation; April 2017 Ethnic Provincial Ethnic - Currently, the province has 02 EM groups. The project Department Department implementation in the 18 first months is estimated to affect - Representatives of 18 households under Cham and Raglai people in Phuoc Department of Dan town, Ninh Phuoc district and Loi Hai commune, Agriculture and Thuan Bac district; Rural Development - Ensure project information disclosure propaganda to - Social Consultants (the strengthen EM people’s support households affected by land - EM people should be supported food during the time of acquisition and indirectly job change affected EM group) 3 Quang Ngai 9h dated 24 Provincial - Representatives of - Support for the project implementation; March 2015 Ethnic Provincial Ethnic - Currently, the province has 02 EM groups. The project Department Department implementation in the 18 first months is estimated to affect - Representatives of 46 H’re and Co people in Tra Lang commune, Tra Bong Department of (the district. households affected by land - Ensure project information disclosure propaganda to 23 No. Project Location Time Location Participants Consultation results acquisition and indirectly strengthen EM people’s support affected EM group) - EM people should be supported credit program to develop - Social Consultants household’s economic development. 4 Vinh Thuan 17 March Office of CPC - Representatives of - Support for the project implementation; commune, Vinh 2017 Department of Agriculture - Ta Dinh stream and Xem river embankment, Vinh Thuan Thanh district, Binh and Rural Development commune will bring benefits for EM people. In which, Dinh province - Social Consultants reinforcement of Kon river embankment roof will ensure cultivation and facilitate for movement of people; - Representatives of communes and households - EM language should be used during the consultation (the households affected by process to explain and take propaganda for receive support land acquisition and and help from EM people. indirectly affected EM - Provide technical support for cultivation, production of group) EM households 5 Cat Son commune, 3 April 2017 Office of CPC - Representatives of - Group discussion and interview with households at Phu Cat district, Binh Department of Agriculture locality shows that households support for the project Dinh province and Rural Development implementation; - Social Consultants - People expect that after repairing of Hoi Son lake downstream embankment, it will ensure safety of lives and - Representatives of CPCs property of local people. In fact, many canals is landslided and households (the by flood crossing over dyke surface, causing breaking and households affected by land impacting on property as well as alluvial and fields of acquisition and indirectly households; affected EM group) - Representatives of Bana households(06 households) 6 Tra Lanh CPC, Tay 8h –14 Office of CPC - Representatives of - Group discussion and interview with households at Tra district, Quang March Department of Agriculture locality shows that households support for the project Ngai province and Rural Development implementation; - Dam bridge works with L=12m will contribute to 24 No. Project Location Time Location Participants Consultation results - Social Consultants ensuring travelling of local people; - Representatives of CPCs and households (the households affected by land acquisition and indirectly affected EM group) - Representatives of H’re households (07 households) 7 Tra Phong commune, 14h00 – 14 Office of CPC - Representatives of - Ha Rieng river bridge and Tra Phong road to Ha Rieng Tay Tra district, March Department of Agriculture resettlement site will contribute to ensuring cultivation as Quang Ngai province and Rural Development well as traveling of local people. - Social Consultants - Local people support for the project and expect that the project to be implemented soon before flood season to - Representatives of CPCs ensure safety of lives for people when travelling. and households (the households affected by land acquisition and indirectly affected EM group) - Representatives of H’re households (07 households) 8 Ba Dien, Ba To 14h00 – 15 Office of CPC - Representatives of – Reconstruction of flood for the provincial road 624 to district, Quang Ngai March Department of Agriculture Tuong village, Ba Dien commune will help to reduce time and Rural Development of traveling for local people, shorten time of traveling to access to heath services of local people. - Social Consultants - Representatives of CPCs and households (the households affected by land acquisition and indirectly affected EM group) - Representatives of H’re 25 No. Project Location Time Location Participants Consultation results households (07 households) 9 Phuoc Dan town, Office of CPC - Representatives of - EM community live along with Kinh people, therefore, Ninh Phuoc district, Department of Agriculture they can use common language to disclose information and Ninh Thuan and Rural Development project consultation. In addition, during the project implementation, village leaders can help to call for local - Social Consultants peole’s support for the project. - Representatives of CPCs - Lu river embankment will limit landslide of river bank, and households (the ensure safety of lives and property of local peole living households affected by land close to the embankment. In addition, construction of acquisition and indirectly management road helps to create environmental landscape affected EM group) for embankment as well as facilitate for traveling of local - Representatives of Cham people. households (04 households) 10 Loi Hai commune, Office of CPC - Representatives of - Raglai people mainly live in this region with agricultural Thuan Bac district, Department of Agriculture production, local people support for thr project and expect Ninh Thuan province and Rural Development the project to be implemented soon to ensure safety during the coming flood season; - Social Consultants - Ba Rau embankment helps to ensure safety of lives and - Representatives of CPCs property of local peole living close to the embankment. and households (the households affected by land acquisition and indirectly affected EM group) 26 Annex 2: Outlines of EMDP Executive Summary This section describes briefly the critical facts, significant findings from the social assessment, and recommended actions to manage adverse impact (if any) and proposed development intervention activities on the basis on the social assessment results. I. Description of the Project This section provides a general description of the project goal, project components, potential adverse impact (if any) at the project and subproject levels. Make clear the identified adverse impact at two levels – project and subproject. II. Legal and Institutional Framework Applicable to EM peoples III. Description of the Sub-Project Population  Baseline information on the demographic, social, cultural, and political characteristics of the potentially affected EM population, or EM’s communities.  Production, livelihood systems, tenure systems that EM may rely on, including natural resources on which they depend (including common property resources, if any).  Types of income generation activities, including income sources, disaggregated by their household member, work season;  Annual natural hazards that may affect their livelihood and income earning capacity;  Community relationship (social capital, kinship, social network…) IV. Social Impact Assessment This section describes: Methods of consultation already used to ensure free, prior and informed consultation with affected EM population in the sub-project area. Summary of results of free, prior and informed consultation with affected EM population. Results include two areas: Potential impact of subprojects (positive and adverse) on their livelihoods of EM in the project area (both directly and indirectly); Action plan of measures to avoid, minimize, mitigate, or compensate for these adverse effects. Preferences of EM for support (from the project) in development activities intended for them (explored through needs assessment exercise conducted during the social assessment) An action plan of measures to ensure EM in the subproject area receive social and economic benefits culturally appropriate to them, including, where necessary, measures to enhance the capacity of the local project implementing agencies. V. Information Disclosure, Consultation and Participation: This section will: a) describe information disclosure, consultation and participation process with the affected EM peoples that was carried out during project preparation in free, prior, and informed consultation with them; b) summarizes their comments on the results of the social impact assessment and identifies concerns raised during consultation and how these have been addressed in project design; c) in the case of project activities requiring broad-based community access and support, document the process and outcome of consultations with affected EM communities and any agreement resulting from 27 such consultations for the project activities and safeguard measures addressing the impacts of such activities; d) describe consultation and participation mechanisms to be used during implementation to ensure Ethnic minority peoples participation during implementation; and e) confirm disclosure of the draft and final EMDP to the affected EM communities. VI. Capacity Building: This section provides measures to strengthen the social, legal, and technical capabilities of (a) local government in addressing EM peoples issues in the project area; and (b) ethnic minority organizations in the project area to enable them to represent affected Ethnic minority peoples more effectively. VII. Grievance Redress Mechanism: This section describes the procedures to redress grievances by affecte Ethnic minority peoples. It also explains how the procedures are accessible on a participatory manner to Ethnic minority peoples and culturally appropriate and gender sensitive. VIII. Institutional Arrangement: This section describes institutional arrangement responsibilities and mechanisms for carrying out the various measures of the EMDP. It also describes the process of including relevant local organizations in carrying out the measures of the EMDP. IX. Monitoring & Evaluation: This section describes the mechanisms and benchmarks appropriate to the project for monitoring, and evaluating the implementation of the EMDP. It also specifies arrangements for free, prior and informed consultation and participation of affected Ethnic minority peoples in the preparation and validation of monitoring, and evaluation reports. X. Budget and Financing: This section provides an itemized budget for all activities described in the EMDP. Annexes: including maps of the locations of EM communities and subproject infrastructure activities and map of labor camp(s) during construction. 28 29