SFG3439 V2 REV QUANG Ethnic Minorities Development Plan – Quang NgaiPROVINCIAL NGAI Subproject PEOPLE’S COMMITTEE QUANG NGAI PROJECT MANAGEMENT UNIT OF CONSTRUCTION INVESTMENT WORKS FOR AGRICULTURE AND RURAL DEVELOPMENT ----------------o0oo--------------- ETHNIC MINORITIES DEVELOPMENT PLAN (Final Draft) VIETNAM EMERGENCY NATURAL DISASTER RECONSTRUCTION PROJECT Quang Ngai Subproject August 2017 áo cáo: Ethnic Minorities Development Plan – Quang Ngai Subproject QUANG NGAI PROVINCIAL PEOPLE’S COMMITTEE QUANG NGAI PROJECT MANAGEMENT UNIT OF CONSTRUCTION INVESTMENT WORKS FOR AGRICULTURE AND RURAL DEVELOPMENT ----------------o0oo--------------- VIETNAM-EMERGENCY NATURAL DISASTER RECONSTRUCTION PROJECT ETHNIC MINORITIES DEVELOPMENT PLAN QUANG NGAI PROVINCE SUBPROJECT REPRESENTATIVE OF PROJECT OWNER CONSULTING AGENCY Quang Ngai, 8/2017 Ethnic Minorities Development Plan – Quang Ngai Subproject TABLE OF CONTENTS EXECUTIVE SUMMARY .................................................................................................................. 1 I. PROJECT DESCRIPTION ......................................................................................................... 4 1.1. General Context .......................................................................................................................... 4 1.2. Vietnam - Emergency Natural Disaster Reconstruction Project – Quang Ngai Subproject ....... 4 1.3. Scope of Ethnic Minorities Development Plan (EMDP) ............................................................ 9 1.4. Objectives of Ethnic Minorities Development Plan (EMDP) ................................................... 13 II. ETHNIC MINORITIES POLICY FRAMEWORK ................................................................ 13 2.1. Legal Framework and National Policy on Ethnic Minority Peoples ........................................ 13 2.2. World Bank’s Operational Policy on Indigenous Peoples (OP/BP 4.10) ................................. 16 III. SOCIAL ASSESSMENT FOR THE SUBPROJECT .............................................................. 17 3.1 Ethnic Minority Population in the Project Area ........................................................................ 17 3.2 Overview of Ethnic Minorties Community in the Project Area and Adjacent Areas ............... 19 3.3 Socio-economic Profile of EM People...................................................................................... 19 3.4 Potential Impacts ....................................................................................................................... 24 3.5 Mitigation Measures ................................................................................................................. 26 IV. CONSULTATION WITH THE ETHNIC MINOTIRY COMMUNITIES........................... 27 4.1. Objectives of Public Consultations ........................................................................................... 27 4.2. Public Consultation Methods .................................................................................................... 27 4.3. Consultation Results ................................................................................................................. 28 4.4. Public Consultation during EMDP Implementation ................................................................. 29 V. ACTIVITIES PROPOSED FOR ETHNIC MINORITY PEOPLES ..................................... 29 VI. INFORMATION DISCLOSURE AND DISSEMINATION .................................................. 33 VII. IMPLEMENTATION ARRANGEMENTS ............................................................................. 34 VIII. GRIEVANCE REDRESS MECHANISM ........................................................................ 35 IX. MONITORING AND EVALUATION ..................................................................................... 36 9.1. Internal Monitoring ................................................................................................................... 37 9.2. Independent monitoring ............................................................................................................ 37 X. IMPLEMENTATION SCHEDULE AND BUDGET .............................................................. 38 10.1. Implementation Schedule...................................................................................................... 38 10.2. Budget ................................................................................................................................... 39 Annex 1: Results of consultations with EM group ........................................................................... 40 Annex 2: Population and Ethnic Group Distribution in Affected Communes and Vicinities ..... 42 Annex 3. Minutes of Consultations with Ems................................................................................... 48 Annex 4: Project information leaflet ................................................................................................. 53 iii Ethnic Minorities Development Plan – Quang Ngai Subproject LIST OF TABLES Table 1: Expected invested Works of the Quang Ngai province Subproject ................................................ 6 Table 2: Prioritized Work Items of Subproject in the First 18-month Period .............................................. 9 Table 3: Legal Documents Relating to Ethnic Minorities .......................................................................... 15 Table 4: Area, Population and Population Density of Quang Ngai Province in 2015 ................................ 18 Table 5: Communes with Affected Ethnic Minorites ................................................................................. 19 Table 6: Affecting Levels on EM Peoples due to Subproject’s Land Acquisition ..................................... 25 Table 7: Summary of Negative Impacts and Relavent Mitigation Measures ............................................. 27 Table 8: Public Consultations with the EM Communities .......................................................................... 28 Table 9: Summary of Proposed Activities and Support Contents............................................................... 33 Table 10: Internal Monitoring Indicators .................................................................................................... 37 Table 11: Independent monitoring indicators ............................................................................................. 37 Table 12: Implementation Schedule ........................................................................................................... 39 Table 13: Cost Estimate of EMDP Implementation .................................................................................. 39 iv Ethnic Minorities Development Plan – Quang Ngai Subproject 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 Labor, War Invalids and Social Affairs ENDR Emergency Natural Disaster Reconstruction EM Ethnic Minority EMDP Ethnic Minorities Development Plan IMA Independent Monitoring Agency LURC Land Use Right Certificate MOLISA Ministry of Labor, War Invalids and Social Affairs OP World Bank’s Operational Policy RPF Resettlement Policy Framework RAP Resettlement Action Plan EM Ethnic Minority SC Site Clearance WB World Bank ODA Official Development Assistance VND Viet Nam dong SVB State of Vietnam Bank PC People’s Committee EMPF Ethnic Minorities Policy Framework EMDP Ethnic Minorities Development Plan EM Ethnic Minority v Ethnic Minorities Development Plan – Quang Ngai Subproject GLOSSARY Project impacts Means positive and negative impacts on EMs caused by all project components. 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 (AP) 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 Peoples Equivalent with ethnic minority peoples in Viet Nam to refer to a distinct, 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 groups People who by virtue of gender, ethnicity, age, physical or mental disability, economic disadvantage, or social status may be more adversely affected by resettlement than others and who may be limited in their ability to claim or take advantage of resettlement assistance and related development benefits, include: (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 vi Ethnic Minorities Development Plan – Quang Ngai Subproject affected EM groups. Culturally appropriate Means having regard for all facets of the cultures, and being sensitive to their dynamics. Free, prior and informed consultation refers to a culturally appropriate and collective decision- making process Free, prior and informed subsequent to meaningful and good faith consultation and consultation informed participation regarding the preparation and implementation of the project. It does not constitute a veto right for individuals or groups Collective attachment Means that for generations there has been a physical presence in and 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 lands and Refers to patterns of long-standing community land and resources resource usage in 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 vii Ethnic Minorities Development Plan – Quang Ngai Subproject EXECUTIVE SUMMARY 1. Vietnam - Emergency Natural Disaster Reconstruction Project– Quang Ngai province subproject comprises of 03 components with 25 work items. In the first 18-month period, 8 items under the flood control and transport subcomponents will be prioritized. These items of the Subproject carried out in the first 18 months will cover 08 communes/wards, including (Ba Dien, Tra Lanh and Tra Phong communes) with EMs (Co and H’re groups) affected by the project implementation. Items affecting EM people consist of: - Va Ranh bridge in Ba Dien commune, Ba To district - Dam bridge with a length L=12m in Tra Lanh commune, Tay Tra district - Bridge across Ha Rieng and a road to the resettlement area in Ha Rieng Village, Tra Phong commune, Tay Tra district. Ethnic Minorities Development Plan 2. Based on characteristics defined in OP 4.12 and regulations of the Government, the screening results found out the presence of (Ethnic Minority) EM communities in the Subproject area. Concerning programs and policies on Indigenous people, 02 EMDPs will be developed for Quang Ngai province subproject, one of which will be carried out in the first 18 months and the other is set for the remaining items. Affected EMs in the Subproject area reside in 3 communes of Tra Phong, Tra Lanh and Ba Dien, they mainly are H’re and Co people. Of those affected EMs, affected H’re people make up 95.5% of total population in Ba Dien, Tra Phong and Tra Lanh in Tay Tra district while Co people account for about 97% of total population in the commune. Work items of the Subproject will be conducted in the first 18 months with estimatedly 46 EM households to be affected by land acquisition. Positive and Negative Impacts Positive Impacts: 3. Vietnam - Emergency Natural Disaster Reconstruction Project– Quang Ngai province subproject will repair, overcome and upgrade infrastructures for production (irrigation works, dykes, river and sea imbankments, irrigation canals, water supply, etc) to recover the production, ensure people’s safety and assets as well as reduce risks caused by natural disasters. 4. After rehabilitating roads, bridges, etc, people will be benefited from smooth transport, goods exchange and production improvement; therefore, ugent rescue for local people in flooding and drought areas in the case of natural disasters and storms will be facilited. 5. It is estimated that about 20,170 households (equivalent to 80,680 people) living in the subproject areas of Quang Ngai will be beneficiaries from aforesaid rehabilitated and restored works. In addition, local agricultural organizations will be benefited from the project thanks to rehabilited irrigation infrastructures; Then, travelling time and costs in the location are reduced owining to these improved transport works. Negative Impacts: 6. According to initial screening results, the project implementation will directly cause impacts on land and assets of 46 EM households with a total affected land of 5,867 m2, including 3,477m2 agricultural land and 2,420m2 forestry land. Of these 46 affected households, 13 households are severely affected with losses of 10% or more of cultivating land. None of households with impacts on houses, works, structures have to be relocated. Apart from impacts from land acquisition, local people in the Project area, including EMs, will be borne potentially negative effects during construction. These impacts are identified as follows: - Potentially temporary effects on livelihood and income of households: land, agricultural activities. 1 Ethnic Minorities Development Plan – Quang Ngai Subproject - Impacts on the travelling conditions on roads in the process of construction. - Material and waste disposal transporation may break infrastructures. - Increase in social evils because of a large number of workers gathering at the site. Mitigation Measures 7. guide affected EMs to select crop varieties that have growth duration suitable to the construction schedule; raise community awareness of traffic safety and social evils prevention during the construction period; ensure contractors measures for transporting materials and restore the affected infrastructure to its original conditions. Legal Framework of EMDP 8. The elaboration of this EMDP has been determined by the relevant laws, decrees and circulars of the Government of Viet Nam (GOV) for the minority community and in compliance with the policy on Indigenous Peoples, (OP/BP 4.10) of the World Bank. Gender 9. The social assessment show that with regards to public services access, there is no discrimination nor obstruction to men or women in their access to healthcare, education as well as social and cultural institutions, but there is a tradition that bans female family members the right to inherit land, which denies women accessibility to this key asset Information Disclosure and Public Consultation 10. The public consultation with the EM communities in the subproject area was conducted in March 2017 to assess the impact on livelihoods and determine the action/mitigation measures to meet the needs of the community. The consultation results are incorporated in this EMDP. The process of consultation and information disclosure will continue to be conducted during the rest of the project implementation. Consultations with the EM communities, also informed about the benefits brought by the subproject, and adverse impacts that negatively affect people in the area. EM communities in the subproject area confirmed the EM peoples’ broad support to the subproject implementation Implementation Arrangements 11. Quang Ngai Provincial People's Committee (PPC) on behalf of the Government, is the project owner. Quang Ngai PPC is responsible for the entire project. Quang Ngai PMU, was established to coordinate the project implementation. Quang Ngai PMU is responsible for the overall implementation of EMDP prepared under the sub-project and ensuring that all project stakeholders understand the purpose of EMPF, and how EMDP for each sub-project are prepared and approved prior to implementation Grievance Redress Mechanism 12. The complaints resolution mechanism for the EM will be conducted through the grievance redress mechanism applicable and established to the whole project. However, if local leaders could provide support or guidance for conflict resolution, the traditional procedures for this cases would be taken into account. Monitoring and Evaluation 13. The implementation of the EMDP will be monitored and guided on a frequent basis by Quang Ngai PMU. The independent monitoring reports of EMDP implementation will be submitted in biannual basis to the World Bank. Activities proposed 14. To ensure the EMs benefit from project investments expected to boost the farming activities, and business, training courses will be designed that (i) are accessible and content culturally appropriate curriculum for the EM peoples; and (ii) support women to participate to reach at least 30% of the participants. 2 Ethnic Minorities Development Plan – Quang Ngai Subproject Budget 15. EMDP will be implemented as a standalone program. The total cost estimates for the implementation of EMDP is VND 420,000,000, equivalent to US$ 18,462 (exchange rate VND 22.750 = US$ 1). The cost of compensation and assistance for the temporary effects on livelihoods is included in the total project cost. 3 Ethnic Minorities Development Plan – Quang Ngai Subproject I. PROJECT DESCRIPTION 1.1. General Context 16. The Government of Vietnam received a loan from the World Bank for Vietnam - Emergency Natural Disaster Reconstruction Project including Ha Tinh, Quang Ngai, Binh Dinh, Phu Yen and Ninh Thuan provinces (hereinafter called as the EFDR1). The project has been implemented to rebuild priority infrastructure works in some flood-damaged provinces in 2016 and to strengthen capacity so as to effectively respond to future disasters in the five provinces. The project will be beneficial to disaster- affected people, including the poor, women and ethnic minorities, by improving the access to essential infrastructure and services and boosting the adaptation capacity as well as supporting agricultural production through improvement of irrigation works. Specific investment items by the project have been currently identified with these objectives without causing any serious negative social impacts. 17. The project will be implemented from 2017 to 2020 with total investment of US $118 million, of which IDA loan is US$ 118 million, including 03 components: 1) Resilient Reconstruction of Flood Damaged Infrastructure; 2) Disaster Recovery Capacity Enhancement and 3) Project Management. 18. The Project Development Objective is to reconstruct infrastructure assets in the project areas. The PDO will be achieved by rebuilding key infrastructure assets based on a “build back better” approach emphasizing all stages of infrastructure lifecycle including design, construction and maintenance and strengthening institutional capacities for climate and disaster risk management. 19. Specific objectives of the Project include: - Repairing, improving and upgrading production infrastructures (including irrigation works, dykes, river embankments, sea embankments, irrigation canals, domestic water supply, etc.) to restore production, protect people’s lives and properties, reduce risks caused by natural disasters. - Overcoming damages on traffic infrastructure to facilitate travel, business and production development of the local people, create favorable conditions for transportation of rescue forces, materials and equipment for emergency rescue for local people in flooded and drought areas in case of natural resources and floods in the region. - Supporting capacity strengthening of the Project Owner in the project implementation. 1.2. Vietnam - Emergency Natural Disaster Reconstruction Project – Quang Ngai Subproject 20. Vietnam - Emergency Natural Disaster Reconstruction Project – Quang Ngai Subproject has been implemented in Quang Ngai province, at locations affected by disasters, in which rehabilitation of essential infrastructure works is prioritized to ensure people’s life, restore production and ensure smooth transportation. It is estimated that about 20,170 households (equivalent to 80,680 people) living in the project districts of Quang Ngai province will be benefited directly from the reconstructed and rehabilitated works under the Subproject. Besides, agricultural production organizations in the region will be beneficiaries from the Subproject thanks to improved irrigation works, travelling time and cost saving owning to improved traffic works. According to preliminary estimation, total estimated investment capital of the Subproject is US $ 19.35 million. Of which: - Concessional loans (IDA) from the World Bank: US $ 16 million - Counterpart fund from the Government of Vietnam: US $ 3.35 million  Vietnam - Emergency Natural Disaster Reconstruction Project – Quang Ngai Subproject consists of 03 components as follows:  Component 1: Resilient Reconstruction of Flood-Damaged Infrastructure and Disaster Prevention in the future 1 English name of the Project: Vietnam - Emergency Natural Disaster Reconstruction Project (hereinafter called EFDR). 4 Ethnic Minorities Development Plan – Quang Ngai Subproject a. Subcomponent 1.1: Irrigation (cost estimate of VND 87 billion) This subcomponent is to rehabilitate and solidate about 20km of ditch canals, contributing so as for strengthening the capacity of irrigation, socio-economic development of the province. b. Subcomponent 1.2: Flood prevention (cost estimate of VND 150 billion) This subcomponent aims at prevention and mitigation of upcoming risks in the case of natural disasters, mitigation of disaster-incurred impacts oon people's properties and lives. c. Subcomponent 1.3: Transport (cost estimation of VND 172 billion) In the scope of this Subcomponent, the rehabilitation and reconstruction of damaged transport infrastructure works will be taken into account. (Details of the works under the Subcomponents are presented in the following Table)  Component 2: Capacity Building 21. To well manage construction works and improve the effectiveness of disaster prevention activities, a grant from the provincial counterpart fund will be provided to carry out some activities for the project, including training, capacity building, community communication and initial costs for O & M. These activities will make great contribution to the sustainable operation and management of works in coming years. 22. In addition, the World Bank commits to finding a number of non-refundable aids to carry out researches, capacity building and training activities so as to promote the effectiveness of funded works under the Project. Details of this Component will be clarified during the preparation of feasibility study report.  Component 3: Project Management 23. The objective of this component is to provide supports for effective project implementation, including project auditing, monitoring, mid-term and end-term evaluation, supply of equipment and technical assistance to the PMU in the process of the project implementation which may consists of individual consulting services and PMU operating costs. Thanks to this component, other components will be supported with reports and project management. Also, institutional support and capacity building will be provided for project management, coordination, review and evaluation of technical, environmental and social safeguards aspects and project evaluation monitoring. For the subcomponent, workshops will be held to enhance the awareness of management officials and community about natural disasters. On the other hand, budget support will be granted for key project officials, including project managers, construction engineers and specialists in the field of natural disaster risk management, compliance monitoring, finance, procurement and other related fields of the Project. These key staffs will be hired under Term Contracts and the Project’s Schedule. 5 Ethnic Minorities Development Plan – Quang Ngai Subproject Table 1: Expected invested Works of the Quang Ngai province Subproject List of communes under the No. Package Works works A Component 1: Reconstruction of Damaged Works and Flood Prevention in the future I Irrigation Reconstruction of canals under the irrigation system of Son Ha Son Thanh, Son Trung, Son Ba, district (Upgrading of Eastern canal of Di Lang lake, repairing, Son Linh communes, Son Ha upgrading of Xo Lo canal; Repairing, upgrading Nuoc Lun dam district canal; Repairing, upgrading of Pring canal) QN-01-XL Canal B2 Tinh Minh commune, Son Tinh 1 Canal B2, Son Tinh canal, canals of Son Ha district district and Dong Quyt pump station Son Tinh canal Tinh An Dong commune, Quang Ngai city Dong Quyt pump station, Duc Loi commune, Mo Duc district Duc Loi commune, Mo Duc QN-02-XL Canal N6 Quang Ngai city 2 Canal N6 II Flood prevention Construction of new a concreted embankment on northern bank of Nghia Phuong commune, Tu Cay Bua river, section across Nghia Phuong commune, Tu Nghia Nghia district district QN-03-XL Embankment on northern bank of Cay Bua river, 3 Southern Ve river embankment, Duc Thang commune Duc Thang commune, Mo Duc southern bank of Ve river (Duc Thang commune), district northern bank of Ve river (Nghia Hiep commune) Southern bank of Ve river, section across The Binh hamlet, Nghia Nghia Hiep commune, Tu Hiep commune, Tu Nghia district Nghia district 4 QN-04-XL Northern Tra Khuc river embankment Truong Quang Trong ward, 6 Ethnic Minorities Development Plan – Quang Ngai Subproject List of communes under the No. Package Works works Northern Tra Khuc river embankment Quang Ngai city Southern Ve river embankment, section across Nhon Loc 2 Hanh Tin Dong commune, hamlet, Hanh Tin Dong commune, Nghia Hanh district Nghia Hanh district Dong Xoai residential area embankment Long Hiep commune, Minh Long district QN-05-XL Southern Ve river embankment (Hanh Tin Dong Tra Cau river embankment Pho Van commune, Duc Pho 5 commune), embankment for Dong Xoai residential district area, Tra Cau river embankment, Nang stream embankment and Binh Thoi embankment Nang stream embankment for protection of resident areas at Tra Tra Xuan town, Tra Bong Xuan town district Binh Thoi river section embankment, Binh Duong, Binh Son Binh Duong commune, Binh district (phrase 1) Son district III Transport Va Ranh bridge Ba Dien commune, Ba To district Urgent construction investment of Dam bridge with L=12m and Tra Lanh commune, Tay Tra roadbase of two heads of bridge under Tra Lanh – Tra Nham road, district QN-06-XL Tra Lanh commune, Tay Tra district Va Ranh bridge, Dam bridge L = 12m (Tra Lanh), 6 Dong Yen 3 bridge, Ha Rieng river bridge and access road to Ha Rieng hamlet resettlement site Bridge across Dong Yen 3 hamlet, Binh Duong commune (Dong Binh Duong commune, Binh Yen 3 bridge) Son district Ha Rieng river bridge and Tra Phong road to resettlement site in Tra Phong commune, Tay Tra Ha Rieng hamlet district QN-07-XL Rescue road at Western districts of Quang Ngai province (Ba To, 03 districts of Ba To, Minh 7 Rescue road at Western districts of Quang Ngai Long, Son Ha Minh Long, Son Ha, section KM 11) province (Ba To, Minh Long, Son Ha, section KM 7 Ethnic Minorities Development Plan – Quang Ngai Subproject List of communes under the No. Package Works works 11) Upgrading, repairing of the district road 56B (Hanh Dung - Nghia Nghia Hanh district Tho road) Ve river- Nghia Hiep road, Tu Nghia district, section of Hai Mon Nghia Hiep commune, Tu market to The Binh embankment, Nghia Hiep commune Nghia district QN-08-XL Hanh Dung- Nghia Tho road, Ve river - Nghia Tra Lam - Tra Hiep road, Tra Bong district Tra Lam commune, Tra Bong 8 Hiep road, Tra Lam - Tra Hiep road, road across district An Phu and Cau Cao hamlets Road across An Phu hamlet, Tinh An commune Tinh An commune, Quang Ngai city Cao bridge, chainage Km4+770 under National Highway 1A road- Duc Thang commune, Mo Duc Da Bac (the district road 31D) district QN-09-XL Repairing of the provincial roads in Quang Ngai province Districts 9 Repairing of the provincial roads in Quang Ngai province B Component 2: Capacity building C Component 3: Project Management 8 Ethnic Minorities Development Plan – Quang Ngai Subproject 1.3. Scope of Ethnic Minorities Development Plan (EMDP) 24. Vietnam - Emergency Natural Disaster Reconstruction Project (EFDR) – Quang Ngai Subproject consists of 4 components with 25 work items. During the first 18-month period, 8 work items under the Flood Prevention and Transport Sub-components under the Subproject will be prioritized. 25. Regarding the programs and policies on indigenous people, two EMDPs will be developed for Quang Ngai Subproject, of which one EMDP will be developed for work items prioritized within the first 18 month period and the other will be prepared for the remaining work items. Table 2: Prioritized Work Items of Subproject in the First 18-month Period Contract Contract No. Location Objectives Scope of works Ref No. description A Component 1: Reconstruction of Damaged Works and Flood Prevention in the future I Irrigation II Flood Prevention Embankment on northern bank of Cay Bua river, southern bank of QN-03- Ve river (Duc 1 XL Thang commune), northern bank of Ve river (Nghia Hiep commune) - Class of works: Class IV. Embankment on northern bank - Total length of of Cay Bua river shall: embankment as top: L= 780 m. In which: (i) Restore and prevent landslide to ensure safety for lives and assets of about 100 + Form: Slope embankment households along river, of has structure of pavement Northern Cay Nghia which 30 households have inside reinforced concrete Bua river Phuong been directly threatened: frame. a landslide commune, (ii) Protect the provincial road + Maximum height of slope emergency Tu Nghia 628; embankment H = 4.0m response district (iii) Limit negative impacts of + Slope coefficient of slope flow on environmental embankment m = 2.0. landscape along the river; (iv) Contribute to stabilizing + Structure of embankment and developing production for foot: The inside hexagonal general socio-economic pipe is dropped ashlar, development of the locality. outside arranged rock gabion covered PVC plastic. 9 Ethnic Minorities Development Plan – Quang Ngai Subproject Contract Contract No. Location Objectives Scope of works Ref No. description Southern Ve river - Class of works: Class IV embankment shall: - Length of embankment L= (i) Ensure stability and safety 445m; for local people in the project - On-embankment works: Duc area, Drainage culverts, local Southern Ve Thang level, repairing head dyke b river commune, (ii) Stabilize production; - Slope coefficient of embankment Mo Duc improve economic embankment body m=2.0. district development capacity in the - Elevation of embankment project area and top: (3.0 – 2.0)m. (iii) Create environmental - Elevation of embankment landscape along the river bank. foot top: 0.50 m - Class of works: class IV. Construction of Northern Ve - Slope attic embankment, river embankment (Nghia length of embankment Hiep commune) in The Binh L=541.8m hamlet, Nghia Hiep commune, Nghia Tu Nghia district will ensure - On-embankment works: Northern Ve Hiep stability and safety of places Drainage culverts, local level c river commune, for local people in the project embankment Tu Nghia - Slope coefficient of area and contribute to district embankment body m=2.0. stabilizing production and - Elevation of embankment improve economic top: (1.76 -1.49)m. development capacity in the - Elevation of embankment project area. foot top: 0.0 m Northern Tra - Class of works: Class III. Khuc river - Type of embankment: embankment Slope paving embankment. - Total length of embankment: 1,030.0m Construction investment of (section 1 is 230m long and works is so necessary to section 2 is 800m long). prevent river bank erosion, - Elevation of embankment protect land property and life top: +8,00m. of people in Truong Quang - Elevation of embankment Truong Trong ward, Quang Ngai city, foot top: +2.00m. Quang facilitating local people in - Elevation of embankment QN-04- Trong terms of spirit, actively foot bottom: -2.00m. 2 - Slope of embankment body XL ward, participate in production Quang activities, contribute to slope: m =2.0. Ngai city stabilize life; overcoming the - Slope of embankment body consequences of natural slope: m =2.0. disasters for the coming years, - Structure of embankment creating a motivation for foot: Reinforced concrete socio-economic development pile M300 combined with in the region. separated dropped ashlar and rock gabion. - Structure of embankment body: Concrete paved hexagonal shape M200 with thickness of 20cm combined with hexagonal paved 10 Ethnic Minorities Development Plan – Quang Ngai Subproject Contract Contract No. Location Objectives Scope of works Ref No. description concrete M200 with thickness of 15 cm with grass boxes and paved within reinforced concrete frame M250. - Structure of embankment top: Concrete M200 with thickness of 0.15cm. - On-embankment works: Include 04 drainage culverts, reinforced concrete structure of M250. III Transport Va Ranh bridge, Dam bridge L = 12m (Tra Lanh), Dong Yen 3 QN-06- 1 bridge, Ha Rieng XL river bridge and access road to Ha Rieng hamlet resettlement site Construction investment of Va - Length of design bridge: Ranh bridge is so necessary L= 37.48m and urgent in order to ensure - Scope: Bridge consists of convenient transportation in 03 beam spans with L= 9m Ba Dien rainy season, facilitating for by normal reinforced commune, a Va Ranh bridge children to go to school in the concrete. Ba To region, hunger elimination – - Design load: HL93, group district poverty reduction, actively in of pedestrians 300Kg/m2 epidemic prevention, - Design frequency: P= 4% promotion of socio-economic - Width of bridge: B= development. 5.5+2x0.25 = 6.0m Dam bridge L= 12 m will consist of 02 sections shall: 1/ Access road to two heads In rainy season, Dam bridge of bridge: with L= 12m, water level is - Total length of access road high, causing flood for the : L = 1000m entire bridge, leading traffic - Class of road: Class VI - Tra Lanh congestion of residents living mountainous (in accordance Dam bridge with commune, along 2 sides of bridge, which with Standard of Vietnam b L=12m Tay Tra affects significantly lives of TCVN4054-2005) district local people as well as rescue - Number of lanes: 1 lane in flood season. Dam bridge - Width of roadbase: with L=12m is totally designed Broadbase= 6m for new construction on Tra - Width of pavement: Lanh – Tra Nham road. Bpavement=3.5m - Horizontal slope of pavement Ipavement=4% - Horizontal slope of 11 Ethnic Minorities Development Plan – Quang Ngai Subproject Contract Contract No. Location Objectives Scope of works Ref No. description roadbase: Iroadbase=5% 2/ Bridge L=12m: - Process applies design: 22TCN 272-05 - Scope: Flood overpass - Design frequency: P=1% - Width of bridge: B= 5.5+2x0.25 = 6.0m - Design load: HL93 - group of pedestrians is 300Kg/m2 - Length: 158.15m (taking account into backside of Currently, construction of abutment top wall). Dong Yen 3 bridge is so - Width of bridge: 0.15m essential need of local people (railing edge) + 5.2m Binh and local authorities in order (roadbed) + 0.15m (railing Duong to ensure transport safety for Dong Yen 3 edge) = 5.5m. c commune, local people, complete bridge - Length of road into bridge Binh Son transportation system in line abutment M1 is 50m, district with new rural construction abutment M2 is 50m. planning and contribute to - Cross-section of access promoting economic road to bridge: 2.5m development of the region. (sidewalk) + 5.5m +2.5m (sidewalk) = 10.5m. Urgent investment of class of works under Ha Rieng bridge and Tra Phong road to Ha Rieng resettlement site is to deal with isolation for local - Class of road: Class Ha Rieng river people in the region, limit Tra Phong A(mountainous) bridge and separation for rescue of people commune, - Design speed: 20 km/h d access road to in the area. It can avoid Tay Tra - Length of design section: Ha Rieng hamlet regrettable risks incidents district 1,692 m resettlement site during the process of - Width of roadbase: 6.0 m circulation on the road in rainy days for travelling, supplying medicines, food timely in the case of the epidemic or natural disaster. 12 Ethnic Minorities Development Plan – Quang Ngai Subproject Figure 1: Location of prioritized works within the first 18-month period 8.C ầu và Đường khu 7.C ầu Đông Yên 3 TĐC Hà Ri ềng 1.Kè bờ bắc sông Cây Bứa 6.C ầu Dầm 4. Kè bờ bắc sông Trà Khúc 2. Kè bờ bắc sông Vệ 3. Kè bờ nam sông Vệ 5.C ầu Vả Ranh 1.4. Objectives of Ethnic Minorities Development Plan (EMDP) 26. The Ethnic Minority Development Plan is prepared in accordance with The World Bank’s (OP/BP 4.10) policy on Indigenous Peoples. This EMPF is to a) make social assessment to prepare for subproject carried out in the first 18 month, including environmental impact assessment, b) consult with EM peoples in the project area (see Appendix 1 hereof) and c) consult with project’s shareholders, including project provincial ethnic committees, communes where EM peoples reside and the World Bank. Objectives of this EMDP: (i) Summarize potential impacts on EM peoples of work items conducted during the first 18 months, as well as prevention/mitigation measures; (ii) Propose activities needed developing so as to ensure the project’s socio-economic benefits on genders and multi-generations through training and livelihood improvement activities. Development activities displayed below are proposed based on thorough consultation with EM peoples and outputs of the Project’s social assessments. II. ETHNIC MINORITIES POLICY FRAMEWORK 2.1. Legal Framework and National Policy on Ethnic Minority Peoples 27. 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. 13 Ethnic Minorities Development Plan – Quang Ngai Subproject - 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. 28. The application 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 temporary houses). A policy on education and health care for ethnic minorities was in place. The legal framework has been updated in 2014. 29. 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. 30. 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. 31. The documents of the Government based on 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 and employees of the organizations for EM. 32. 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 14 Ethnic Minorities Development Plan – Quang Ngai Subproject “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. 33. 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. Table 3: Legal Documents Relating to Ethnic Minorities 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. 15 Ethnic Minorities Development Plan – Quang Ngai Subproject 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 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/BP 4.10) 34. The OP/BP 4.10 aims at avoiding adverse effects on indigenous people and increase activities to bring about projects benefits considering 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 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. 35. As a prerequisite for an investment project approval, OP 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 4.10 refers to social groups and communities, and not to individuals. The primary objectives of OP 4.10 are: - to ensure that such groups are afforded meaningful opportunities to participate in planning project activities that affects them; - to ensure that opportunities to provide such groups with culturally appropriate benefits are considered; and - to ensure that any project impacts that adversely affect them are avoided or otherwise minimized and mitigated. 36. As per the OP 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. 16 Ethnic Minorities Development Plan – Quang Ngai Subproject 37. 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 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. SOCIAL ASSESSMENT FOR THE SUBPROJECT 3.1 Ethnic Minority Population in the Project Area 38. Quang Ngai province is located in the South Central Coast with the geographical coordinates 14032’-15025’ of North latitude, 108006’-109004’of East longitude; - To the North, it borders Quang Nam province on the boundaries of Binh Son, Tra Bong and Tay Tra districts; - To the West and the Northwest, it borders Quang Nam and Kon Tum provinces on the boundaries of Tay Tra, Tra Bong, Son Tay and Ba To districts; - To the south, it borders Binh Dinh province on the boundaries of Duc Pho, Ba To districts; - To the West, it borders Gia Lai province on the boundary of Ba To district; - To the East, it borders the East sea with a coastal line of nearly 130km long and with 05 main estuaries of Sa Can, Sa Ky, Dai gate, My A and Sa Huynh. 39. The natural area of Quang Ngai province is about 5,131.5km2, making up 1.7% of the whole country. The province covers 14 districts and cities, in which there is 01 city, 06 coastal plain districts, 06 mountainous districts and 01 island district. Quang Ngai province is known as a home of various ethnic minorities; however, only 04 ethnic minorities as Kinh, Hre, Co and Ca Dong people have more than thousands of people living into community and have their own distinct language and cultural identity. 40. According to the statistics in 2015, the average population of Quang Ngai province is 1,247,644 people with a density of 242 people/km2. There are about 324,000 households provincewide with an average of 3.75 household member/household. The urban and rural population accounts for 14.62% and 85.38%, respectively. In the period of 2011 - 2015, natural population increases about 0.9%/year. Under the population structure by gender, the ratio of women and men accounts for 50.7% and 49.3%, respectively. By age, of population aged from 0-59 makes up about 88.51%, which proves that the province has young population structure. Additionally, with a ratio of approximately 25.55% of population under 15 years old, the province owns an advantage of an abundantly reserve workforce. 17 Ethnic Minorities Development Plan – Quang Ngai Subproject Table 4: Area, Population and Population Density of Quang Ngai Province in 2015 Average Population Administrative No. Districts/ Cities Area (km2) population density units (People) (people/km2) I Plain area 114 1,893.74 1,018,334 538 1 Quang Ngai city 23 156.85 249.84 1,593 2 Binh Son district 25 466.22 178,689 383 3 Sơn Tinh district 11 243.10 96,777 398 4 Tu Nghia district 15 206.29 129,835 629 5 Nghia Hanh district 12 234.40 91,112 389 6 Mo Duc district 13 214.01 127,809 597 7 Duc Pho district 15 372.88 144,272 387 II Mountainous area 67 3,248,35 210,015 65 8 Tra Bong district 10 421.50 31,494 75 9 Tay Tra district 9 338.46 18,818 56 10 Son Tra district 14 752.11 70,933 94 11 Son Tay district 9 381.49 18,621 49 12 Minh Long district 5 217.23 16,779 77 13 Ba To district 20 1,137.56 53.37 47 III Island area 3 10.40 19,295 1,856 14 Ly Son district 3 10.40 19,295 1,856 Total 184 5,152.49 1,247,644 242 (Source: Quang Ngai Statistical Yearbook, 2015) 41. Quang Ngai province is located in the Central Key Economic Zone, in which the Government selected Dung Quat as the place to build the first Vietnam’s oil refinery factory. The factory has been put into operation and formed Dung Quat Economic Zone connecting Chu Lai Opening-Economic Zone. It is considered to be a significantly advantage of the province, which create favorable conditions for fastening the development of local industry-handicraft along with the national refinery development program, promoting economic growth and quickly shifting the provincial economic structure towards industrialization and modernization. In 2016, total GRDP of the province increases by 0.5%, meeting set objective; total sociak investment reaches 16,670 billion dong, increasing 5.1% year on year. The majority of industrial products show their growth, of which Dung Quat refinery exceeds the set capacity (6,787 million tons). GRDP per capita obtains 50 million dong/person, equivalent to 2,293 USD/ person. 18 Ethnic Minorities Development Plan – Quang Ngai Subproject 3.2 Overview of Ethnic Minorties Community in the Project Area and Adjacent Areas 42. Works items under the Subproject implemented within the first 18 months will be carried out in 08 communes/wards, in which 03 communes (Ba Dien, Tra Lanh and Tra Phong) with presence of ethnic minorities are (Co and Hre ethnic people) affected. Work items affecting ethnic minorities people consist of: - Va Ranh bridge in Ba Dien commune, Ba To district - Dam bridge L=12m in Tra Lanh commune, Tay Tra district - Bridge across Ha Rieng river and road to residential area in Ha Rieng village, Tra Phong commune, Tay Tra district 43. According to the initial screening results, the Project implementation will directly affect the land and assets owned by 46 ethnic minority households in the area. In addition, the the construction may also cause negative impacts on the cultural and social life of ethnic minority communities in adjacent areas. Communes with affected ethnic minority are listed in the table below: Table 5: Communes with Affected Ethnic Minorites Household members No. of households (HHs) (people) Rate of near Rate of poor poor Communes households Ethnic households Ethnic (%) Total Total minorities (%) minorities people Ba Dien commune 417 397 1,626 1,541 34.1 3.8 Tra Phong commune 1,008 961 4,192 3,997 77.98 7.64 Tra Lanh commune 478 467 2,020 1,975 83.47 7.74 44. The following section discusses the socio-cultural characteristics of ethnic minority groups in the consulted area. 3.3 Socio-economic Profile of EM People 3.3.1. Hre Ethnic Group 45. Residential location: The Hre people have been long living in the Mid Central Region of Vietnam, belonging to Truong Son Mountain Rangge in the West of Quang Ngai province. The Hre mainly lives in three mountainous areas: Ba To, Minh Long, Son Ha. In addition, they reside scatteredly in Son Tay, Tra Bong, Nghia Hanh, Tu Nghia, Duc Pho districts and Quang Ngai city. Outside of Quang Ngai, they live in An Lao district of Binh Dinh province, Kong Plong district of Kon Tum province and districts of Highland. 46. Population and labour: According to the statistics by 31/12/2015, total population of Hre ethnic group in Quang Ngai province is 132,745 people, in which there are 48,852 people in Ba To district, 65,823 people in Son Ha district, 13,478 people in Minh Long district, and 4,592 people in other districts and Quang Ngai city. 47. Languages: The Hre speaking a language in the Mon–Khmer language family (South Asian language) 48. Economic Activities: The Hre mostly lives in mountainous area, with an average altitude of 500m to 1,000m. The Hre live mainly on agriculture. In addition, they also count on livestock, forestry products, gathering, hunting, fishing, bamboo rattan weaving and smithery. Currently, weaving is only remained by Hre people in Ba Thanh Commune, Ba To District. 19 Ethnic Minorities Development Plan – Quang Ngai Subproject 49. In terms of breeding, people mainly raise pigs, chickens, goats, buffaloes and dogs. These foods are both used for good exchange to improve living quality and for worshipping the deities and ghosts. For the Hre, hunting wild animals not only provide themselves with meat and protect crops, but practice the shooting skills, braveness, intelligence of Hre men. 50. Commonly, the agriculture of the Hre is self-sufficient. Rotational cultivation and monoculture are mainly dry rice and depend entirely on the natural and weather conditions. Therefore, previously, the Hre lived in unstable conditions with poor economy, hard and insufficient life. 51. Poverty rate: The H’re has lived mainly on agricultural production and breeding. In addition, the local people cultivate by backward methods, on forest and hilly land which is hard to grow on; the production in some regions is spontaneous other than carried out under any concentrated production methods. Therefore, their life has encountered into a lot of difficulties. According to the statistics of Quang Ngai Ethnic Minorities Committee in December 2016, in communes where the Hre lives, most of them are the poor households with poverty rate of about 80% of total. The poverty rate of the poor Hre people in the area is displayed in Appendix 2 hereof. 52. Health care and education: Infrastructures as schools, medical service units, roads, etc. in communes which the local ethnic people live in Quang Ngai province remain asynchronous and can not meet the residents’ demands on health care and education. The major reason is the shortage of budget for construction. 53. Material life: Material is a precious product which is created during human formation and development; it reflects the level of economic and cultural development, the natural environment conditions, and the formation of national psychological concepts. The selft-creation of production and living tools is regared as the most important mean to help people to get on with the nature and natural exploitation in order for serving people’s living needs. Previously, the Hre walked and transported commodities by backpack, with two baskets. 54. Traditional stilt house is an unique cultural product and the characteristic of the Hre. The house is structured simply with two rows of parallel columns, divided into three parts: the middle floor and two gable floors. The two rooftops heads of the house hang buffalo horns made of paintings or trees, the symbol of the "animism". Buffalo is the most valuable sacrifice to the god, also the closest animal with the greatest merit for human survival. 55. Foods: The Hre eat rice, sticky rice cake on the festival days. Hungry days eat more corn, potatoes, noodles and vegetables. Sliced gourds are usually baked in bamboo shoots, dried with dried roast meat, with salt, chilli, lemongrass, pepper or salt with fragrant leaves. 56. Drinks: Hre people in lowland drink artesian water while Hre people in high land drink stream water or use bamboo water pipes to lead water from the upstream to the village. For daily activities, Hre people drink green tea and Can wine (wine drunk out of a jar through pipes). Tea leaves are crushed in the mortar and cooked. The dark green water from tea tastes delicious and helps freshen our mind. Can wine is made from ordinary rice, sticky rice, corn, millet, job's tears and cassava; then they are fermented in ethnic big-bellied jars and this wine can be drunk after one week. Can wine is an unique feature of kaingin culture. It is an indispensable offerings in worship days, weddings, funerals and special occassions. In addition to Can wine, Hre people take and drink water from arenga pinnata as wine. This kind of water is both sweet and sour, it tastes spicy and can be drunk as a normal wine. Besides foods and drinks, the Hre eat betel nut and kind of drug special drug, smoke. With such custom of the Hre, inviting guests to drink wine and tea is considered to be their long-lasting cultural beauty which represents the courtesy, hospitality of the communication culture of community. 57. Custome: Previously, Hre women wear skirt and remain bare chested. Then, they wear Ao Yem. At the present, they dress as Kinh people do. Hre men wear a loin-cloth and remain bare chested. Now they wear dresses as Kinh people. 58. Jewelries: Adolescents Hre men wear anklets, bracelets and ethnic necklaces, and keep long hair. At old age, they no longer wear these jewelries, but just keep hair styled in a bun behind the head and 20 Ethnic Minorities Development Plan – Quang Ngai Subproject wear headgear. Hre women is prominent with colorful short and long beaded chains, silver and brass necklaces and bracelets, brocatelle skirts, red and green Ao Yem, and colorful headgears. Hre men do not make ear piercing, but they sharpen and cut their teeth. Hre men and women at aged 14-15 have to cut their middle teeth in upper jaw. Innitially, they shapen their teeth and then cut it off because of the “beautiful” concept of braveness and having no teeth to eat their relatives’ soul. 59. Religion.: Hre people think that both animals and plants have their own soul and flesh. When a man die, all activities of the flesh are disappeared, but the soul stays alive and keep living in the Mang Lung world, which is invisible place of deities and demons, and that everything has their souls which reside in every where. The deities are either good or bad. The good deities who are be well worshipped and respected can harass people. The bad deities will ease their brutal evil if being well worshipped. Because human being is so small and weak, living in the same world of deities and demons, they have to worship and ask the help of these deities and demons. They offer chicken for normal requests, pigs for larger request and buffalos and pigs and chickens for serious requests. Along a life cycle, from birth, mature, elder and death, the number of animals offered to the deities by the Hre people is uncountable. 60. Social Relationship: Since ancient times, Hre peoples live in a community of Plai villages, same blood and territory. They live in a harmony spirit, union and kindness, each Plai has a village patriarch who is prestigious, powerful and directs all things. The Hre people live in a paternity family or great family (with 3,4 generations), with about 20-30 members. All members live in a shared house and jointly work and share materially and spiritually equal right. The important role of the patriarch and woman in a family is appreciated in family and community life. Labor division is clearly set, men take charge of heavy jobs such as shifting cultivation, plowing, building houses, offering, teaching sons to cultivate, hunting, fishing, knitting, etc. The women will feed pigs and chicken, take care of children, weave cloths, harvest rice, teach daughters how to do jobs of a wife, and be a mother in a famility. 61. From the 19th century, class division became obviously. Fights among villages, tribes started. The winning chieftain will kidnap people for slaves or selling. The rich possessed 50 to hundreds of hectares of forest and fields and had between 30 and 50 salves and servants. 62. The Hre people are honest and hard working. Therefore, they never neither beg nor steal anything despite poverty. Adulterousness never happens; they well behave each other in a community, respect the honor and do what they promised. As for the Hre, the promises as sure as eggs are eggs. In love, one will pursuit their lover to ends of the earth. 3.2.2. Co Ethnic Group 63. Residential location: The Co people mainly live in Truong Son mountainus area of Quang Ngai province and the south – southwest of Quang Nam province. In Quang Ngai, the Co people live mainly Tra Bong and Tay Tra districts. 64. Population and labour: According to the cencus of population and houses in Vietnam in 2014, the Co has population of 33,817 people. Along with the mechanical development and statistics by 31/12/2015, the population of the Co is 36,000 people. 65. Concerning the population distribution by administrative unit, of among 3.6 thousand Cor people, they mostly live in Tra Bong, Tay Tra district in Quang Ngai province, the remaining lives in Bac Tay Tra district. 66. Languages: The Co shares many close and similar features with neighboring ethnic peoples. Linguistically, the Co speaks “Bana languages in the North” under the Mon-Khmer language family, South Asian languages. However, the Co has not had complete writing system which has been developing and asking for approval of the Institute of Linguistics and Institute of Ethnology. 67. Housing: Ancient Cor people build their house in the form of trains, live in close family and get on well with the community, and have a separate custom. In a long house (shared house), each Cor family has a separate space with independent chamber (called “tum”) which has the same structure with the shared house. The long and train-alike house has a spacious room (called “gưl”) for common living 21 Ethnic Minorities Development Plan – Quang Ngai Subproject activities, has a porch (called “a-tưl”) for pounding rice, has a shared porch from the begginning to the end of the house. The structure of this shared house proves that, with Cor people, each family has separate room but never isolate from the community. 68. Social Relation: In a halmet, village (palay), the Co has relationship mainly to their neighbors and relatives. The ancient Co’s activities were mutal activities of a community in the preclass division period; at the society, the innocence exists in the relationship between people and people without any selfishness, acquisitiveness and cheating. 69. Economic Activities: Previously, 04 production tools as cultivating, breeding, collecting and hunting are regular jobs of the Co’s community, each family and each member. Everyone but the elder, little children and the sick, participates in production regardless male or female. The lazy person will be criticized by the community. Even Cor children have been piggyback taken to the farm field to get familiar with the fog, sunshine, the soil odor and the smell of mountains. 70. The production customs are closely associated with not only knowledge and pratical experiences, but also various beliefs: Before, during and after harvesting rices, they all practice worshipping rituals; When cinnamon is damaged by insects, they worship the dieties and pray birds to eat the insect. When they get honey, they thank the God; When hunting an animal, they worship the deities first then eat it together. 71. At the present, the Co mainly cultivate rice, corn, vegetables and various kind of beans on the kaingin and plant rice in the field; Apart from special cinamon kaingins; gardens and lands of the Co are full of vegatables and fruits such as betel, palm, bamboo shoots; and forest vegetables as crassocephalum crepidioides, “Pkiên”, Coriander, “U Qua”, centella asiatica, corn, banana, pumpkins, etc and tradditional medicinal herbs as “Tầm Phục”, Herba Andrographis paniculata, “Cun”, Curculigo orchioidesstemona tuberosa, Zingiber purpureum Roscoe (Ky nh’e), Alpinia officinarum, Lemon Grass (pơ lắc) and many other specious magang. 72. Poverty rate: The Co has lived mainly on agricultural production and breeding. In addition, the local people cultivate by backward methods, on forest and hilly land which is hard to grow on; the production in some regions is spontaneous other than carried out under any concentrated production methods. Therefore, their life has encountered into a lot of difficulties. According to the statistics of Quang Ngai Ethnic Minorities Committee in December 2016, in communes where the Co lives, most of them are the poor households with poverty rate of about 70% of total. The poverty rate of the poor Co people in the area is displayed in Appendix 2 hereof. 73. Health care and education: Infrastructures as schools, medical service units, roads, etc. in communes which the local ethnic people live in Quang Ngai province remain asynchronous and can not meet the residents’ demands on health care and education. The major reason is the shortage of budget for construction. 74. Beliefs and Cultural Knowledge: Nowadays, the Co mainly worship their ancients and Ho Chi Minh. All Cor houses put the image of Ho Chi Minh on the altar. 75. In addition, the Co primitively has believed in the belief of animism that means “everything has a soul”, worshipping: heaven - earth - fire, river - mountain - rock, rain - sunshine - wind, trees, working tools, daily activities; beliefs in layers of the world (there are three layers in the world: Heaven: with Solar Deity, Nular Deity, Star Deity; the earth layer and the hell layer. The Co believes that when people die, they will go to the hell), etc. Buffalo sacrifice festival (kill buffalo) along with “Nêu” tree are the most sacred form of the Co to commemorate their ancestors and thank the deities. 3.2.3. Results of Socio-Economic Survey of Affected Households in the Project Area  Survey Scope 76. Out of 46 households affected by the Subproject, none of severely affected households have to relocate, 08 EM households lose 10% or more of total agricultural land area, (in which 01 household under Va Ranh bridge construction works, 03 households under Dam bridge works with L=12m (Tra 22 Ethnic Minorities Development Plan – Quang Ngai Subproject Lanh) and 04 households under Ha Rieng river bridge construction works and the road to Ha Rieng resettlement site). Thus, from 14-30 March 2017, resettlement consultants carried out SES for 21 affected EM households out of 46 affected EM households (accounting for 47% out of total affected EM households), of which 08 EM households lose 10% or more of total agricultural land area and 13 EM households are slightly affected.  Characteristics of Household Members 77. According to survey data from 21 affected households, the majority of households consists of from 3 to 5 members (accounting for 57.8%), followed by households with 6 - 9 members, accounting for 38.4% and households with 1 to 2 members, accounting for only 3.8%. On average, each AH household in the project area has 5.1 persons / household and the average main number of laborers per household is 2.4 persons.  Education level 78. According to survey data from 21 affected households, education level of EM people in the project area remains low, percentage of household heads with primary school accounts for 56.0%, only 16.7% of households heads graduated from secondary school; none of household heads graduated from high school and college/university. Meanwhile, the rate of illiteracy/non-attendance is 37.2%, at which Co and Ho Re people are living. Due to difficult economic situation, lack of local infrastructure, it is impossible for them to attend school, education level of EM people remains low.  Occupation of Households Heads 79. The survey results showed that the main source of income for all surveyed affected EM households in the affected communes is mainly based on agricultural production and forest planting activities and so on. Agricultural production is a great determinant of the stability and well-being of the household. Thus, economic conditions of households get many difficulties.  Income and Expenditure 80. According to SES results from affected households, out of 21 surveyed affected EM households, 18 households have their income bellow 700 VND/person/month. According to socio-economic reports of Tra Lanh, Tra Phong and Ba Dien commune PCs, rate of poor households account for 70% of total households in the commune. Tra Phong and Tra Lanh communes of Tay Tra district have the lowest average income level per capita with 4.5 million VND/person/year, followed by Ba Dien commune, Ba To district with average income level per capita of 9 million VND/person/year. 81. Income level of households is decisive factor on their expenditure, with such income level, majority of surveyed households answered that they do not have enough money to cover their living expenses (including: eating, investment for their children education, medical treatment and so on). Their main source of income mainly depends on agriculture. Thus, during the project implementation process, poor households, ethnic minorities, policy households, etc. should be paid special attention in the case of resettlement, they have to relocate to new places, and their opportunities for restoring income and maintaining lives for these households are so difficult.  Households Ownership of Commodities 82. Value of assets in each household depends much on their economic condition. In the surveyed communes/wards areas, rate of poor households is majority, thus, means of living of households are mainly essential, common and low value including bicycles, television and so on. Out of total 21 surveyed households, 01 household own motorbike, 08 households own telephones.  Access to Utilities and Services 83. Use of electricity: According to consultation results, 64% of surveyed households use the national power grid with their own electricity meters and the average electricity consumption of a household is about 68,000 VND / household / month. 23 Ethnic Minorities Development Plan – Quang Ngai Subproject 84. Use of water for eating, living and production: 100% surveyed households use stream water for living and eating. 85. Use of toilets: Out of total 21 surveyed EM AHs, 7 households have ash toilets; the remaining households have not toilets and they often use sheds as toilets. 86. Waste collection: Currently, communes have not used waste collection services yet. Waste of households is often thrown into streams or dumped into the backyard of households. 3.4 Potential Impacts 3.1.1. Postive impacts  Mitigation of Negative Impacts of Climate Change 87. In 2016, there were more than 10 storms, 06 tropical depressions hitting the East Sea, 06 tornadoes and 03 rain and flooding spells swept through Quang Ngai province. These natural disasters were so servere that causing direct negative impacts on local people. Among these disasters, strong storms (including typhoons and hurricanes) are more frequent, and floods last longer than previous; In addition, fishing boats and fishermen in the province constantly encountered into accidents while fishing; causing deaths, and losses of public and individual assets in Quang Ngai. 88. Vietnam - Emergency Natural Disaster Reconstruction Project – Quang Ngai province subproject aims to repair, overcome and upgrade infrastructures for production (irrigation works, dykes, embankments, irrigation canals and domestic water supplying items) to recover the production, ensure safety for people and assets as well as minimize impacts caused by natural disasters.  Improvement and Ugrading of the Transport and Irrigation Quality 89. Over the past time, Quang Ngai province has borne severe impacts of natural disasters; specifically, the number of damaged works was revealed by the statistics in 2016 as:(i) 04 National Highways (NH) as NH24, 24B 24C, Truong Son Dong with a length of 17.573m; 11 Provincial Roads (PR) with road surface of 477,900 m2; (iii) local road (districts/communes) with an eroaded length of L = 369,387m; 06 broken bridges (in 4 bridges in Duc Pho and 03 bridges in Mo Duc); (iv) 28 damaged bridges., etc. 90. In terms of irrigation, statistically damaged works comprises of 49 dams (mainly spillways); canals with a length of 177,950m; 63 culverts; 08 embankment lines with a length of L =687m; 05 extended dykes with an eroded length of L=4,395m; landslide river and sea banks with a length of L= 23,380 m. 91. Vietnam - Emergency Natural Disaster Reconstruction Project – Quang Ngai province subproject covers entire Quang Ngai province, natural-disaster affected areas; in which essential works for production and smooth transportation are prioritized. 92. After upgrading roads and bridges, people’s travel, goods exchanges will be facilitated, creating favorable conditions of the development and urgent rescue for local people in flooding and drought areas in the cases of natural disasters. 93. About 20,170 households (equivalent to 80,680 people) in Quang Ngai province will be benefitied from the upgraded and rehabilitated works in project areas. Besides, renovated irrigation works under the project will be beneficial to local agricultural production organizations; At the same time, improved roads will therefore help local people to save travelling time and cost.  Promotion of Local Economic Growth, Improvement of Income and Living Conditions for Local People. 94. The Project will bring about mid-term and long term positive effects in the project areas in particular and in Quang Ngai province in general. This project aims at sustainably overcoming negative impacts of natural disasters through rehabilitating and upgrading essential infrastructures for production and through capacity building for efficiently responding to upcoming natural disasters. Restoring and 24 Ethnic Minorities Development Plan – Quang Ngai Subproject rehabilitating items such as roads, dykes, embankments, etc will lessen the frequency and level of floods in the region, improve the infrastructure system, and generate positive benefits for the environment, public health and socio-economic development. The project will contribute to the improvement of transport network, flooding control, protection of people’s houses from flooding-incurred damages, and create positive conditions for economic development and goods transportation. 3.1.2. Negative Impacts  Land Acquisition and Resettlement 95. Survey data show that the implementation of the Subproject’s Items in the first 18 months will affect 384 househods. Total affected land area is about 96,371 m². Of which: - Affected residential area: 1,346m2 - Affected agricultural land area: 35,705 m2 - Affected aquaculture land area: 1,200 m2 - Affected forestry land area: 2,420 m2 - Affected land managed by organizations (Nghia Phuong pumping station, Nang Tay cultural house in Nghia Phuong commune and Agriculture Hi-Tech Qnasafe Co., Ltd: 1,680 m2. - Public land area: 54,020 m2 under the management of ward/commune PC, including specialized land, land in river/stream, transport land, etc. 96. According to the initial screening results, the project implementation will directly affect the land and assets of 46 EM households with total affected areas of about 5,867 m2, including 3,477m2 of affected agricultural land and and 2,420m2 affected forestry land area. Of 46 EM affected households, there are 33 severe affected households with losses 10% or more of cultivating land. No household has residential land, houses and other structures affected. Affecting levels of EM affected households in each item of the Subproject are displayed as follows: Table 6: Affecting Levels on EM Peoples due to Subproject’s Land Acquisition Affected land areas Total No. Items Locations Ahs Residenti affected Agricultural Forestry al lands land (m2) land (m2) land (m2) (m2) Ba Dien commune, 1 Va Ranh bridge 2 - 455 - 455 Ba To district Tra Lanh Dam bridge L=12m 2 commune, Tay Tra 22 - 1,800 - 1,800 (Tra Lanh) district Bridge across Ha Rieng river and Tra Phong 3 roads to resettlement commune, Tay Tra 22 - 1,192 2,420 3,612 area in Ha Rieng district Village Total 46 0 3,447 2,420 5,867 (Sources: Resettlement survey outputs, 03/2017) 97. For mitigating impacts from land acquisition, the design Consultant should consult with the local community in the process of detailed design preparation to figure out mitigation measures for land 25 Ethnic Minorities Development Plan – Quang Ngai Subproject acquisition and other negative impacts on people. Besides, a resettlement policy frame for entire project and a resettlement action plan for the Subproject’s work items carried out in the first 18 months have been prepared to ensured satisfactory compensation for all project incurred losses.  Impacts during Construction 98. Besides positive effects, the project implementation causes some potential negative impacts. The screening results show that apart from impacts of land acquisition, people including EMs in the project area have to bear potential negative impacts during construction period. These impacts are defined as follows: - Potentially temporary impacts on livelihood and incomes of households: land, agricultural activities. - Impacts on people’s travelling during construction. - Infrastructures damaged by material and waste disposal transportation. - Increase in social evils because of population growth at the construction site.  Risks on the Community Safety and Health 99. A large number of workers will come to the site during the construction period, leading to certain disturbances to socio-economic and cultural life of local people. 100. Although the province has prepared a separated area for workers, such large number of labors will demand various requirements such as accommodations, foods, entertainment and other cultural needs. These demands may be far different from the local culture; this lead to certain disturbances for the community, especially the EMs communities in Ba Dien, Tra Phong and Tra Lanh where the construction is being carried out. 101. The project construction will be accompanied with environmental negative impacts such as dust, noise, etc. Besides, diseases may be generated due to population growth at the site. The gathering of such large number of workers can induce issues rated to prostitution, diseases, especially HIV, AIDS, and genderually infectious diseases. 102. The use of some specialized roads for material transportation will obstruct people’s travel and imply risks of traffic accidents. 103. Therefore, the project owner and construction units shall be responsible for preparing labor management options to avoid adverse impacts on the community. As for the community, a communication plan which provides people with basic knowlodge about arising social issues, and disease models must be made to draw out a protection mechanism for people against outside risks. 3.5 Mitigation Measures 104. With regards to impacts related to impacts by taking of land, and other impacts during construction, these impacts will be minimized by applying compensation and assistance measures as established in the Resettlement Policy Framework prepared for the Project. As to the potential impacts as identified above, to minimize these impacts, the following mitigation measures will be taken: - Inform people concerning construction schedule in advance so that they could actively select crop varieties that have growth duration suitable to the construction schedule; - Raising community awareness of traffic safety and social evils prevention during the construction period; - Request the contractors to take measures for transporting materials or sludge and comply with the regulations on the load of vehicles transporting materials and waste. In case the local infrastructure is damaged due to the transport activities, the construction unit must restore the affected infrastructure to its original conditions before returning to the locality; 26 Ethnic Minorities Development Plan – Quang Ngai Subproject Table 7: Summary of Negative Impacts and Relavent Mitigation Measures Adverse impacts Mitigation Measures Implementing agency Quang Ngai PMU is required to closely Effects on agricultural and Announcement to local people work with local authorities for timely forestry land before construction information dissemination of each commune Impacts on traffics and Quang Ngai PMU should closely work increased social evils (Such with the relevant authorities to develop a Raising community awareness of as prostitution, drugs, communication strategy for these issues. traffic safety and social evils alcohol, etc.) Based on the available communication prevention for the local people system in communes to disseminate the project contents to households PMU should require contractors to comply with the contract provisions on The Contractor will comply with the load and the measures to ensure the Impacts on Infrastructures the rules of materials transportation environmental sanitation during the and infrastructure rehabilitation transportation of materials as well as provisions for offsets when infrastructure damaged 105. Additionally, to increase the socio-economic benefits to the area, application of some following activities/measures will be encouraged: (i) Organize technical training courses on agricultural production; provide intensive cultivation knowledge and techniques to people; provide new crop varieties which bring high economic efficiency; (ii) Organize technical training on aquaculture for the EM households in the area to boost household economic development. IV. CONSULTATION WITH THE ETHNIC MINOTIRY COMMUNITIES 4.1. Objectives of Public Consultations 106. As part of social assessment carried out for the subproject, the free, prior and informed consultations with EM peoples in the project area are conducted in accordance with the WB’s OP/BP 4.10. The consultations are to a) inform EM group in the subproject area of the project’s potential impacts (both negative and positive impacts), b) solicit feedbacks of EM peoples (when impacts are identified), and c) propose development activities to ensure culturally-matching socio-economic benefits (of the project) for EM peoples, then confirming broad supports of EMs on the Subproject implementation. 4.2. Public Consultation Methods 107. Various inquiry tools such as group discussion, depth interview, site survey and household surveys are used for collecting feedbacks of EM peoples. The free, prior, informed consultations in compliance with the WB’s OP/BP 4.10 are constantly used in the period of consultation. 108. Inquiry techniques: the following techniques were used to solicit the feedbacks of the EM peoples, including: group discussions, participant observations, community meetings. The consultant team is aware of the comfort that needs to be maintained with regards to use of language on the part of EM peoples. As such, before the consultation, check was made to ensure the consulted EM peoples prefer the language to be used during the consultation exercise. To ensure language comfort for the EM consulted, each EM groups were consulted separately. A local person (of the same EM group) were 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. The representatives’ participated ethnic 27 Ethnic Minorities Development Plan – Quang Ngai Subproject HHs in the consultation meeting can use fluently Viet language. It should be noted that the person who led the consultation process and interview has extensive experience back grounds with EM peoples in Vietnam. 109. Consultation process: Three (03) consultation excercises were implementd in March 2017 in comunes where affected EMs live and reside. Consultations will use both households inquiry, and group discussion/community meeting (as mentioned above) during consultation course. Both male and female are consulted. Particularly, EM women are encouraged raising their voice/questions. Consultations with EM community are held at the village cultural house. Affected communities are all recieved prior announcement. 4.3. Consultation Results 110. During the EMDP preparation process, public consultation with the EM communities was conducted in March 2017. By providing project information and potential impacts (positive and adverse) to EM households, the consultation has covered the following important aspects: a) what the potential impacts on households and communities are; b) on the basis of measures proposed to minimize adverse impacts, which suggestions/proposals would ensure that the adverse impacts can be avoided/minimized for all levels of impacts; and c) which socio- economic opportunities brought by the subproject are for the EM households. Table 8: Public Consultations with the EM Communities Gender Total No. Time/address Participants participant Male Female 8h –14/03 at the PC - Representatives of local authorities of Tra Lanh and local unions/agencies 1 16 8 8 Commune, Tay Tra - Head of village and, representatives’ district community and ethnic HHs 14h00 –14/03 at - Representatives of local authorities thee PC of Tra Lanh and local unions/agencies 2 18 10 8 Commune, Tay Tra - Head of village and, representatives’ district community and ethnic HHs 14h00 –15/03 in PC - Representatives of local authorities of Ba Dien and local unions/agencies 3 21 12 9 commune, Ba To - Head of village and, representatives’ district community and ethnic HHs 111. The Results of the Public Consultations show that: a) The EM communities and households in the subproject area confirmed that they were informed about the subproject. As to the EM communities in the communes adjacent to the subproject area, they were also aware of the subproject through consultation meetings organized by the consulting agency. The EM households thus support the subproject implementation in the area. b) Through the public consultations, the EM people were aware of the benefits and positive effects brought by the subproject. In addition, adverse impacts caused by the subproject were also identified. 112. Being fully informed about the subproject, the EM communities have given their broad support for the subproject implementation. In addition, they have specific comments and suggestions which focus on two aspects: (i) recommendations related to the subproject construction activities; and (ii) proposals related to community development. Their comments are summarized as follows: 28 Ethnic Minorities Development Plan – Quang Ngai Subproject - The subproject should be implemented in a timely manner to minimize the impact; - Organize technical training courses on livestock raising; provide financial support and information on market for livestock products for people; establish small-scale livestock raising enterprise models; - Support people in using available financial resources to invest in activities that generate economic benefits for the households. 4.4. Public Consultation during EMDP Implementation 113. In order to ensure free, prior, informed consultations with EM peoples in the process EMDP implementation, the EM community consultation framework will be used during the Project implementation and summarized as below:  During EMDP implementation, the same consultation approach (which has been used during EMDP preparation) will be adopted. Specifically, consultation will be on the basis of free, prior, and informed manner, and in a participatory manner. This is to ensure the EM communities’ feedback are made based on their actual needs which arise when EM people understand more (during EMDP implementation) about the potential adverse impact so as to appropriately propose ways to minimize such adverse impact, as well as to development activities that they need to support their livelihoods restoration, and their development needs (which should be in line with the Project goal).  The EM communities will be consulted on all of the project activities during the project cycle.  Quang Ngai Project Management Unit of Construction Investment Works for Agriculture and Rural Development and socio-political organizations and local agencies will responsable for ethnic minority affairs. Meetings and consultations will be conducted including separate meetings with EM men and women in order to know their opinions about the project activities as well as identify the positive and adverse impacts caused by the Project on their life.  Information and communications activities will be conducted continuously during the project implementation process to ensure that all of the stakeholders are fully aware of and understand the project. Communications activities include disseminating information, organizing public meetings, conducting interviews, and receiving feedback from the EM communities. The feedback should be reviewed, considered, and solved in a timely manner.  Community consultations will be documented and submitted to World Bank for review and examination.  During the project implementation, the consultation and information disclosure to the affected EM communities should use methods and communication means appropriate in terms of cultural and gender aspects in order not to create communication barriers. This can include translating documents into ethnic languages, using interpreters during the public meetings, using more visual communication means, and organizing separate meetings with men and women. V. ACTIVITIES PROPOSED FOR ETHNIC MINORITY PEOPLES 114. In addition to the anticipated positive impacts the Project would bring about to improve EM living conditions and transportation, access to public services, negative impacts that should be addressed properly including permanent land acquisition by 150 EM households; infectious diseases such as HIV/AIDS; human trafficking; gambling; fighting; traffic accident; child and women labor abuse. Activities for EM development developed to ensure that EM groups receive social and economic benefits that are culturally appropriate. It includes measures to enhance the capacity of the project implementing agencies. Once detailed design is available, more consultation will be conducted in a free, prior and informed manner. Together with the RAP, this EMDP will be updated accordingly. 29 Ethnic Minorities Development Plan – Quang Ngai Subproject 115. Establishing a participatory community group and practicing participatory monitoring: A community group to be established among the EM groups at the commune level to receive feedbacks from agencies, organizations, and individuals that are affected by or related to project activities. It may include representatives from the affected EM villages, both male and female, and from women’s unions and the fatherland front. PMU will organize regular meetings to receive comments from the participatory community group and may set focus on the implementation of this EMDP as below:  What are the latest project activities in the community?  What benefits do the communities receive from these activities?  Have they received these benefits in a culturally appropriate manner? If not, why? How can these gaps be addressed?  Has consultation been conducted as suggested in the EMDP?  Is there any difficulty for the affected EM groups in understanding the language on communication facilities or during the meetings? How should public awareness activities be organized to overcome these difficulties?  How can PMU help the affected EM groups to access project information more efficiently and practically?  Are there any adverse impacts from migrant workers on local communities?  Are there any issues/activities that the affected EM groups remain unsatisfied with? Why? What measures do the communities propose to address these issues/activities? 116. Through these meetings, PMU can learn what still dissatisfies their communities, even it may not be a direct impact of the project. By addressing this issue, if possible, PMU can foster trust and goodwill with the community. Furthermore, if negative impacts are identified during the implementation process, PMU should take responsibility to correct it, not trying to hide it or misguide the communities. Also, being open with information allows the community to propose creative solutions and ideas for the projects that impact their lives. 117. In addition, during the project implementation, PMU will coordinate with local mass organizations and NGOs to pass on as much “know how” as possible. PMU may provide training to local community members on community monitoring, turning them into ‘monitors’, with such knowledge of construction elements, erosion, water contamination, air pollution, and much more. This knowledge empowers these monitors, many of them being women who later became leaders in their communities. 118. Organizing community meetings: Series of meetings at each commune to be organized to respond to queries and clarify issues. It will be deployed before and during project implementation. Materials used for meetings will be prepared in an understandable manner, with clear messages and images. Timing and venues of community meetings should be convenient for local people. 119. Enhancing community awareness: Awareness raising activities can be incorporated into regular community meetings and other community events. Based on the community consultation, the issues to be raised during such activities may include but not be confined to the following: (i) Project activities; (ii) Traffic safety; (iii) The importance of the community consultation and participation in every stage of the project activities, from planning and preparation to implementation and monitoring and evaluation; (iv) The role of community in monitoring project activities, and in operations and maintenance of the project works; (v) Gender issues (for example, as women take care of children, they need to be notified/warned of potential risks are inherent during the relocation of their houses); (vi) Domestic violence and sexual abuse; (vii) HIV/AIDS and other communicable diseases; (viii) Labor rights; (ix) The importance of access to clean water and hygienic practices; (x) Management of household assets and spending; (xi) Enhanced education opportunities for children to have better access to the labor market and income- generating opportunities; Any other issues emerging during the project implementation. 30 Ethnic Minorities Development Plan – Quang Ngai Subproject 120. Communication activities: Several individuals and organizations may be more effective communication channels in the project areas, such as village elders, village heads, spiritual leaders, women’s unions and the fatherland front. In addition to conventional communication channels, such as community meetings, focus groups and loudspeakers. The communications materials will be archived at cultural houses or community centres for reference so that residents can access them easily. In addition, PMU may consider promoting access to and sharing of project information to the related EM groups through disclosing project information directly related to the interests of the affected EM groups on the provincial webpage. 121. Training of local officials and other stakeholders: An orientation workshop should be organized at the district level for officials and other stakeholders in the project who work with the affected EM communities so that they can have more understanding the latter’s cultures, customs and religions, and thus their working approach would be culturally appropriate and gender-sensitive. The workshop will be focused on: special requirements of the EM peoples given their socio-economic and cultural profiles as described above in this EMDP. Due attention and support should be given to those who face language barriers; the importance of public consultation with the EM communities; and the knowledge and skills needed for working with the affected EM groups to achieve the objectives of this EMDP and, concurrently, to enhance the project management capacity for the relevant stakeholders. 122. Employment policies in favor of the EM groups:  Local hiring information should be provided to EM groups as early as possible to gain support and acceptance of the communities, allowing the project to proceed without any significant challenges.  Actively promoting gender-inclusive policies for women to participate and benefit from the project, in all stages, including the increased participation of women, especially those from the affected EM groups, in the construction workforce. The impacts of the gender-inclusive policies and initiatives may go beyond a worksite and are instrumental in helping women overcome barriers and gender-based stereotypes in surrounding communities.  Priority to training and recruiting EM people, male and female alike. The project will work simultaneously on two key elements: education that will support the inclusion of the local EM people in the local labor market and changes in the recruiting language to emphasize equal opportunities for men and women, to remove the traditional doubts about abilities of the EM people, especially women. EM people, especially women, should be prioritized to work in the project if needed. 123. Promoting gender equality: Gender is a cross-cutting theme. Measures help to ensure gender equality include: contractors ensure that priorty on job opportunities should be given to EM women; labor wage paid to EM women should be equal to men for the same works; workers made to respect EM culture, etc. Monitoring by PMU and contractors is established and implemented by PMU and contractors. 124. Participation and empowerment: It is essential to increase the participation of women, especially in the affected EM groups, in various project activities and interventions, such as information dissemination events, training courses, local support work, and participatory community groups. Importantly, women should be consulted in good faith throughout the project cycle, from the design to the evaluation steps to ensure their voices to be heard and paid due attention to. Specific measures may therefore be necessary to enhance their current access to information and their associated engagement in the project activities. Efforts will be needed to arrange a location and time suitable for the participation of the related women, and additional promotional activities may also be necessary to maximize attendance by EM female household heads. 125. Awareness raising: Women should be fully aware of potential impacts on their communities and households, particularly income generating activities, and as such propose measures that the project should do to avoid or minimize the impacts. It is important to raise awareness for women of their rights 31 Ethnic Minorities Development Plan – Quang Ngai Subproject and benefits in joint husband-and-wife titling and use of land-use rights certificates for bank loans, lease and contributions to joint business, their rights to access to the GRM and how to lodge their complaints when needs arise. 126. Planning: It should be recognized that engagement of and awareness raising for women, especially EM ones, is a time-consuming process which should be planned and phased effectively with clear and practical short-, medium- and long-term objectives to make various steps feasible, with lessons reviewed and learnt as well as plans revised after each phase. 127. Capacity building: 02 trainings on gender and EM will be provided to PMU staff and local officials and stakeholders as well as project staff, who will work with EM groups. Training will provide PMU staff in charge knowledge, skill and requirements on ethnic minority of WB and Viet Nam and necessary measure to ensure that EMDP is properly implemented. Training on monitoring EMDP is also included. 128. Training and job opportunities: As some EM households may change their jobs, i.e. households which depend on seasonal income – primarily from crops and/or fruit trees, counseling and training of new job skills for this group should be done with the capacity of men and women in mind to make training knowledge applicable, and the possibility of success with the new job is enhanced. Further details of these activities are included in the discussion on job training and opportunities under this section. 129. Empowering and supporting EM women at worksite: It is important to create job opportunities for EM women from the project. For this purpose, it is necessary to assess women’s requirements for skills training to facilitate income restoration. All contractors participating in civil works should inform PMU job opportunities appropriate for women in general, including those from EM groups, and PMU will inform those in need. As women entered the project’s workforce, it is necessary to address traditional behaviors of gender-based violence, sexual harassment, work-life balance difficulties, and doubts about women’s physical resilience. The necessary actions include:  Implementing a “zero tolerance policy” for sexual harassment: training on sexual harassment will be provided to all employees during induction and at additional sessions to reinforce the “zero tolerance” policy.  Implementing a grievance mechanism that treats all harassment cases as “high risk” and requiring immediate attention.  Addressing gender-based violence in the communities, in alliance with the commune’s women’s unions. Women will be trained in their labor rights. 130. For directly affected EM people by loss of land and assets: These EM people are entitled to compensation and rehabilitation programs as described in the RAP. In addition, All EM people affected on land will be granted with LURC for their remained land holdings and for land they purchase without any payment. Severely affected EM farmers will be assisted in accessing loan from the Bank for Social Policies (BSP) with preferential interest amount of loan in the short and/or medium terms. Proper technical guidance will be provided so that the people will know how to use and manage credit properly. 131. For EM people benefited by the project: Training courses will be designed to ensure: (i) the contents are culturally appropriate to the EM peoples; and (ii) women are encouraged to participate with at least 30% of the participants. 132. Summary on the above said measures are presented in Table bellows: 32 Ethnic Minorities Development Plan – Quang Ngai Subproject Table 9: Summary of Proposed Activities and Support Contents Impacts Measures Permanent loss of  Proper public consultation agricultural land  Agricultural production technical training for ethnic households who wishing in the agricultural production development and techniques, especially aquaculture activities that will also be provided to requested ethnic households  Compensation, support and assistance will be paid to 46 affected EM households. Details are given at RAP Open to  An increase in worker influx that may cause Contractors provide awareness raising and infectious or trainings to workers on infectious and sexual diseses and and safe sexual intercourse sexually transmitted  PMU assign staff to address EMDP, including monitoring the implementation of EMDP infection, such as and supervise Contractors and to ensure that the issue is well managed HIV/AIDS  Awareness raising and trainings to EM women shall be delivered ensuring that women is protected from these diseases. Human  An increase in worker influx that may lead to social disorder such as women trafficking. trafficking Contractors are required to provide awareness raising and trainings to workers on human trafficking and measure mitigate the issues  PMU assign staff to address EMDP, including monitoring the implementation of EMDP and supervise Contractors and to ensure that the issue is well managed  Local authority inform EM persons and local people on risk of human trafficking Works child  Contractors are required to provide job opportunities to EM women. Payment rate paid to abuse, low wage EM workers, especially EM women should be same as rate paid to other workers. for EM women of the same works  PMU assign staff to address EMDP, including monitoring the implementation of EMDP and supervise Contractors and to ensure that the issue is well managed Traffic accident  Awareness raising and trainings to EM persons, especially women shall be delivered through loudspeaker to ensure that EM persons, especially EM women and childrend aware accident and measure to protect themselves.  Contractors ensure that their vehicle follow transportatin rules and not travel during the peak time 133. This EMDP will be updated before being implemented in order to re-define the development demands of EMS and reflect other demands needed when the project’s impacts are identified based on the final technical design. VI. INFORMATION DISCLOSURE AND DISSEMINATION 134. During the preparation process, the final EMDP/RAP will be disclosed locally at the public places including CPC/DPC offices and community houses. Such EMDP will be disclosed in a form and language understandable to the EM peoples as well as other project stakeholders. 135. These documents will be publicly disclosed at the Quang Ngai Project Management Unit of Construction Investment Works for Agriculture and Rural Development and information office of WB at Washington D.C, before starting the project implementation. 136. During the project implementation process, Quang Ngai Project Management Unit of Construction Investment Works for Agriculture and Rural Development and local authorities at all levels 33 Ethnic Minorities Development Plan – Quang Ngai Subproject will ensure that all EM households in the subproject area are informed and invited to the public consultations to be conducted during EMDP implementation. 137. The draft EMDP was disclosed locally on June 20, 2017 and on the Bank’s website on June 22, 2017. VII. IMPLEMENTATION ARRANGEMENTS Assessment of Quang Ngai PMU and stakeholders on EMDP implementation 138. It is acknowledged that safeguard staff of Quang Ngai PMU has rich knowledge, skill and experience in civil engineering, but other social aspects, including: ethnic minority development, resettlement, and gender equality. Especially, experience, knowledge and skill on EM development in infrastructure projects following WB requirement (OP 4.10). Thus, capacity building for Quang Ngai PMU staff and the safeguard staff. Details on capacity development for Quang Ngai PMU safeguard staff is in below section. Capacity building scheme 139. In view of the shortage in capacity to carry out the EMDP at grassroot level, there is a need of a strong corporative working tie among the EMDP undertaking institutions. 140. The staffs of Quang Ngai PMU 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 Quang Ngai PMU in development of EMDP for the subprojects. Trainings to PMU staff and relevant agencies will be delivered by the Ethnic Minority Specialist hired by the Central Project Management Unit. 141. 02 training on gender and EM will be provided to PMU staff and local officials and stakeholders as well as project staff, who will work with EM groups. Training will provide PMU staff in charge knowledge, skill and requirements on ethnic minority of WB and Viet Nam and necessary measure to ensure that EMDP is properly implemented. Training on monitoring EMDP is also included. Coordination mechanism 142. The staff of Quang Ngai PMU who oversees EMDP implementation will incorporate the Quang Ngai province Ethnic Committee to check and review this EMDP implementation 143. At the district level, officials of the DPC Ethnicity Division will coordinate with the Quang Ngai PMU and Quang Ngai province Ethnic Committee to perform it. They will provide feedback from ethnic people and EM community to PPC and relevant agencies. 144. At the commune level, community leaders and representatives of minority group leaders are the key persons in the EMDP implementation. They will be directly support local people to overcome the difficulties in the project implementation process; Organize community meetings to disseminate information about the project; provide information on the EMDP mitigation and development activities; and support local authorities and Quang Ngai PMU in preparing the list of participants of the EMDP development activities. Key features of the cooperation mechanism are belows: - Quang Ngai PMU staff with assistance of EM consultant, to implement EMDP. - PMU social safeguard staff will take part in regular meetings (monthly or quarterly) to monitor, supervise the EMDP implementation. Issues and challenges will be addressed following requirement given in the EMDP. - Reports, data and information on EMDP implementation will be recorded and shared among stakeholders promptly to promote quality of EMDP implementation. All issues 34 Ethnic Minorities Development Plan – Quang Ngai Subproject relating to EM during and after the subproject implementation will be timely addressed or at least mitigated. - EM representatives from subproject communes will work closely with Quang Ngai PMU, local authorities, contractors and NGOs (Women Union, Fartherland Front, Farmer Association, Youth Union etc) to monitor and supervise the EMDP implementation. Any issues or challenges faced by the EM persons will be reported to PMU Quang Ngai, contractors, local authority for consideration and settlement. 145. The PMU, via Environment and Resettlement Division, will be responsible for ensuring effective implementation of the EMPF and the EMDP in close consultation with the same level departments and project districts. VIII. GRIEVANCE REDRESS MECHANISM 146. 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 (GRC) will be established with members 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. 147. 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 can 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 project implementation. All complaints and grievances must be properly documented by PMU, with copies being filed at commune and district levels. 148. 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 PMU 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. PMU and independent monitoring consultant are responsible for monitoring the progress of resolution of EMs’ complaints. All cases of complaints must be recorded in PMU project files, and be reviewed regularly by independent monitoring consultant. 149. 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: - First Stage – Commune/ward/township 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. - Secon stage 2 – 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 35 Ethnic Minorities Development Plan – Quang Ngai Subproject 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 Quang Ngai 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. 150. 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. 151. To ensure that the grievance mechanism described above are practical and acceptable by the ethnic minority affected by the subproject, this will be consulted with local authorities and local communities considered of specific cultural attributes as well as traditional, cultural mechanisms for raising and resolving complaints/conflicts. If the ethnic minority objects, efforts will be also made to identify and determine ways to resolve that is culturally acceptable to them. 152. In addition to commune level (mentioned above) where EM peoples could lodge their questions/comments, or complaints officially, EM peoples may contact directly PMU using the contact details provided in the Project Information Leaflet in case there have any questions related to subproject goal/scope/impact, etc, or including general compensation and support policies. 153. Since grievances lodged are primarily related to in the case involving land acquisition, to ensure the grievances are timely and effectively addressed, the following measures should be used by both designed contact points at commune and PMU level. 154. A recording system/book that records systematically complaints received. This grievance system should be maintained by contact point for GRM at both commune and PMU level. Record should show when the complaints are lodged, by whom, and how, and by whom such grievances are solved, and when the solving is completed. Pending issues that last for more than one month, for example, should be flagged for timely and appropriate action on the part of PMU and local governments. Where complaints are made verbally, such complaints should be recorded into the grievance recording system for timely following up and resolving. 155. Where complaints are made verbally, such complaints should be recorded into the grievance recording system for timely following up and resolving. 156. EM people will be sent leaflets, which cover information about adversely affected people, beneficiaries and project information to appoint a contact person at the communes and Quang Ngai Project Management Unit of Construction Investment Works for Agriculture and Rural Development to address complaints raised by EM people easily, if any. IX. MONITORING AND EVALUATION 157. Responsibility of overall monitoring and implementing the EMDP will be subjected to external independent monitoring by a qualified consultant. The external independent monitoring consultant will be 36 Ethnic Minorities Development Plan – Quang Ngai Subproject hired by Quang Ngai Project Management Unit of Construction Investment Works for Agriculture and Rural Development. This service could be integrated into the contract for independent monitoring of the implementation of RPF and RAPs. 9.1. Internal Monitoring 158. Quang Ngai Project Management Unit of Construction Investment Works for Agriculture and Rural Development will be responsible for the overall implementation and internal monitoring of this EMDP. Table 10: Internal Monitoring Indicators Monitoring contents Monitoring criteria Cost and time - Are there enough staffs supporting EM people as planned? - Are supporting activities satisfactory with set plans? - Is the cost for EMDP implementation distributed to implementing agencies timely and adequatly? Consultation, - Are public consultations and information dissemination to EMs in compliance complaints and special with plans? issues - EM Are group discussions are held by groups? - How many people are aware of their benefits? - Do EM peoples know and use the grievance redress mechanism as set forth in EMPF? What are the results? - Number and type of complaints received (classified into gender and vulnerable groups) - Number and type of complaints redressed (classified into gender and vulnerable groups) - Levels of awareness and satisfaction of EM people - Satisfactory levels about redress mechanism 9.2. Independent monitoring 159. 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. Independent monitoring should be conducted twice a year during the Project implementation to timely identify issues that might need immediate actions from the Quang Ngai Project Management Unit of Construction Investment Works for Agriculture and Rural Development. Table 11: Independent monitoring indicators Monitoring contents Monitoring criteria Basic information - Location about EM households - Number of EM households - Average number of members in households, ages and educational attainment level. - Gender of householders - Accessibility to medical and education services, ultilities and other social services - Current status of land and legal land use 37 Ethnic Minorities Development Plan – Quang Ngai Subproject Monitoring contents Monitoring criteria - Occupation and jobs - Income sources and levels Satisfactory levels of - Do EM people agree with EMDP implementation? EM people - What are the assessments of EM people on the recoverability of their live and livelihood? - EM people’s awareness of the grievance redress process and compensation procedures? - Are EM people’s complaints addressed timely and satisfactorily in accordance with EMPF? Supporting efficiency - Are benefits of EM people ensured satisfactorily? - Are vulnerable groups supported and assisted? Other impacts - Are there any impacts on EM people’s jobs and income? - How can unexpected impacts be addressed (if any)? X. IMPLEMENTATION SCHEDULE AND BUDGET 10.1. Implementation Schedule 160. EMDP will be implemented in two years, 2017 and 2018, to ensure that the majority of the EM households (non-affected households but present in the subproject communes and adjacent areas) will receive socioeconomic benefits in agricultural extension and business development (according to their recommendations/suggestions in the public consultations). The specific activities are as below: (1) Ethnic Minorities Development Plan inclusive of information dissemination, public consultation and survey: These activities have been carried out during preparation of EMDP from April 2017 to August 2017. The specific activities include: (i) Collecting and gathering relevant documents, data, information, reports; (ii) Organizing stakeholder meetings with PMU, agencies, communities, focus groups (i.e. women, ethnic minorities, the poor); (iii) Indept-interviews with key persons; and (iv) need assessment. (2) Preparation of Ethnic Minorities Development Plan: this has been carried out from June 2017 to August 2017. Based on the document, information and data collected, EMDP is to be drafted. (3) Submission of Ethnic Minorities Development Plan during July and August 2017. (4) Training for PMU, relevant agencies and communities will likely start in September 2017, regarding: Training on Gender Equality, Training on Ethnic Minority Development Plan Monitoring, Training on agricultural development, Guidances of traffic safety, prevention of social evils etc (5) Seeking for approval of EMDP in September 2017 (6) Information dissemination, awareness raising: (i) Informing about the Grievance Redress Mechanism, (ii) Seminars about HIV/AIDS; Infectious diseases/epidemic; Trafficking of women and children; Gamble; Social security disorders etc (7) Monitoring and Evaluation: This takes place from July 2017 to the end of the project including (i) Internal monitoring and (ii) engaging an external independent monitoring consultant. (8) Construction activities start from June 2018 to December 2018 38 Ethnic Minorities Development Plan – Quang Ngai Subproject Table 12: Implementation Schedule Activities Year 2017 Year 2018 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 12 Information dissemination and public consultation Preparation of the Ethnic Minorities Development Plan Submission of Draft Ethnic Minorities Development Plan Training on EM to PMU and relevant agencies Approval of the Ethnic Minorities Development Plan Information dissemination, awareness raising Village meetings Broadcasting through loudspeakers Monitoring and eveluation Constructions activities 10.2. Budget 161. All necessary costs to carry out the activities proposed in this EMDP will be funded by the Government of Vietnam. Quang Ngai Project Management Unit of Construction Investment Works for Agriculture and Rural Development will be responsible for the EMDP implementation in a timely manner to ensure that EMDP can support the EM peoples present in the subproject area to receive culturally appropriate socioeconomic benefits. Table 13: Cost Estimate of EMDP Implementation No. of No. of No. Programs benefited Unit price Total course HHs 1 Training in Agricultural development 6 300 20,000,000 120,000,000 Support in agricultural production (50 million 2 4 com. 100 50,000,000 200,000,000 /commune) 3 Guidances of traffic safety, prevention of social evils 5,000,000 30,000,000 3.1 Meeting in villages 6 500,000 3,000,000 3.2 Disemination through communal loudspeaker 600 0 0 Seminars about HIV/AIDS; Infectious 3.3 diseases/epidemic; Trafficking of women and 6 200 1,500,000 9,000,000 children; Gamble; Social security disorders 3.4 Training classes about Tranffic Safety; Labor safety 6 200 3,000,000 18,000,000 Total (1+2+3) 350,000,000 Contingencies (10%) 35,000,000 Management cost (10%) 35,000,000 GRAND TOTAL (VND) 420,000,000 Total (USD, 1 USD = 22.750) 18,462 39 Ethnic Minorities Development Plan – Quang Ngai Subproject Annex Annex 1: Results of consultations with EM group No. Project Site Time Area Participants Consultation results 1 Quang Ngai 9h 24 March Provincial - Representatives of Provincial - Agree with the project implementation; 2015 Ethnic Ethnic Committee - There are 02 EM groups living in the location. The project Committee - Representative of DARD implementation in the first 18 month will affect 46 EM households of H’re and Co peoples in Tra Phong, Tra Lanh and - Social consultants Ba Dien commune in Lanh and Ba To district. - In order to ensure the information disclosure to strengthen the support of EM groups. - Need additional credit supporting programs so that EMs can enhance their economy. 2 Tra Lanh People’s 8h –14/03 At the - Representatives of DARD - As the group meeting and interviews with local households, Committee, Tay Tra Communal households support the project implementation; - Social consultants district, Quang Ngai People’s - Construction of Dam bridge with a length of L=12m will Committee - Representative of communal contribute to ensuring the travel of local people; PC and households - Representatives of Co EM households (07 households) 3 Tra Phong, Tay Tra, 14h00 –14/03 At the - Representatives of DARD - Bridge crossing Ha Rieng river and Tra Phong road running Quang Ngai Communal through the resettlement area in Ha Rieng village will contribute - Social consultants People’s to the stability of cultivation as well as smooth transportation of Committee - Representative of communal local residents. PC and households - Local people support the subproject implementation and expect - Representatives of Co EM it to be soon carried out before the flooding season so as to households (07 households) ensure people’s life when they go through the site; 4 Bien Dien commune, Ba 14h00 –15/03 At the - Representative of DARD - Addressing the flooding issue in the PR 624 to Tuong village, To, Quang Ngai Communal Ba Dien commune will help people to save travelling time and - Social consultants People’s easily access to health services. Committee - Representative of communal PC and households 40 Ethnic Minorities Development Plan – Quang Ngai Subproject - Representatives of H’re EM households (07 households) 41 Ethnic Minorities Development Plan – Quang Ngai Subproject Annex 2: Population and Ethnic Group Distribution in Affected Communes and Vicinities No. of HHs No. of people Near Poor No. Districts Communes/towns Area poor EM EM HHs (%) Total Total HHs (%) HHs people 1 2 3 4 5 6 7 8 9 10 I Ba To district Ba Thanh II 844 808 2,850 30.7 17.7 1 commune 2,982 Ba Dien commune II 417 397 1,541 34.1 3.8 2 1,626 Ba Cung commune II 640 625 2,125 27.8 5.6 3 2,174 Ba Tieu commune II 666 570 2,155 49.1 0.9 4 2,530 Ba Vinh commune II 1,248 1,209 4,258 41.8 8.9 5 4,420 Ba To township II 1,510 680 2,538 24.4 9.5 6 5,609 Ba Vi commune II 1,285 865 3,565 38.4 4.1 7 4,693 Ba Dong commune II 754 3 10 15.9 11.9 8 2,878 Ba Chua commune II 478 472 1,552 22.2 19.3 9 1,571 Ba Lien commune II 339 321 1,287 34.2 18.3 10 1,348 Ba Bich commune III 620 585 2,034 37.4 18.7 11 2,149 Ba Le commune III 439 419 1,686 64.0 6.8 12 1,753 Ba Xa commune III 1,280 1,230 4,691 71.1 10.9 13 4,864 14 Ba Dinh commune III 1,229 1,045 3,774 32.8 23.5 42 Ethnic Minorities Development Plan – Quang Ngai Subproject No. of HHs No. of people Near Poor No. Districts Communes/towns Area poor EM EM HHs (%) Total Total HHs (%) HHs people 4,427 Ba Kham III 537 527 1,836 60.7 11.4 15 commune 1,840 Ba To commune III 1,590 1,528 5,932 46.5 22.2 16 6,085 Ba Trang III 567 565 2,288 49.0 12.5 17 commune 2,297 Xã Ba Ngạc III 803 770 3,051 50.6 4.9 18 3,154 Ba Nam commune III 255 249 960 79.9 7.5 19 973 Ba Giang III 405 401 1,637 80.0 2.3 20 commune 1,654 II Minh Long district Long Hiep 1 II 1,149 547 commune 3,940 1,906 38.99 9.66 Thanh An 2 III 908 857 commune 3,419 3,204 49.55 10.46 Long Mai 3 III 1,116 915 commune 3,954 3,256 50.27 10.03 Long Son 4 III 1,305 981 commune 5,050 3,849 48.66 6.44 Long Mon 5 III 373 368 commune 1,348 1,327 54.69 8.31 III Son Ha commune Son Thanh 1 II 34.34 13.39 commune 2,286 1,890 7,970 6,936 Son Nham 2 III 37.06 22.19 commune 1,311 1,121 4,623 3,915 3 III 47.08 12.83 Son Cao commune 1,372 1,303 5,289 5,047 4 Son Linh commune III 1,473 1,287 4,537 41.48 14.87 43 Ethnic Minorities Development Plan – Quang Ngai Subproject No. of HHs No. of people Near Poor No. Districts Communes/towns Area poor EM EM HHs (%) Total Total HHs (%) HHs people 5,303 Son Giang 5 II 45.45 7.46 commune 1,325 1,078 4,277 3,975 6 II 36.70 16.74 Son Hai Commune 910 791 3,187 2,746 Son Thuy 7 II 32.66 10.94 commune 1,197 1,035 4,576 4,545 8 II 37.92 7.67 Son Ky commune 1,643 1,513 6,279 6,253 9 II 40.53 8.05 Son Ba commune 1,048 1,007 4,149 3,955 10 II 35.33 6.42 Di Lang township 2,335 1,452 9,264 5,622 Son Thuong 11 II 31.87 7.76 commune 1,186 1,080 4,510 4,055 12 II 34.42 19.82 Son Bao commune 1,014 924 4,180 3,880 Son Trung 13 II 35.40 15.42 commune 1,035 874 3,642 3,083 14 Son Ha commune III 2,672 2,215 8,546 47.62 22.31 9,865 IV Son Tay district 1 Son Bua commune III 395 369 1,480 1,586 68.61 12.66 2 Son Mua commune III 740 661 2,456 2,887 56.62 11.89 3 Son Lien commune III 401 385 1,592 1,649 65.34 3.99 Son Dung 4 III 1,034 866 3,192 commune 3,692 53.58 5.03 Son Long 5 III 554 497 1,805 commune 1,981 62.09 6.14 44 Ethnic Minorities Development Plan – Quang Ngai Subproject No. of HHs No. of people Near Poor No. Districts Communes/towns Area poor EM EM HHs (%) Total Total HHs (%) HHs people 6 III 764 670 2,440 Son Tan commune 2,850 56.02 3.01 7 III 394 372 1,421 Son Mau commune 1,511 77.92 4.04 8 III 600 549 1,996 Son Tinh commune 2,158 55.33 16.67 9 III 309 282 1,040 Son Lap commune 1,152 64.72 10.68 V Tay Tra district 1 Tra Phong III 1,008 961 3,997 4,192 77.98 7.64 2 Tra Tho III 495 482 2,025 2,065 67.27 12.73 3 Tra Xinh III 522 510 2,136 2,204 87.55 3.45 4 Tra Quan III 439 438 1,997 2,000 79.50 13.67 5 Tra Khe III 434 424 1,776 1,814 91.47 2.53 6 Tra Thanh III 494 477 2,229 2,291 78.95 14.17 7 Tra Lanh III 478 467 1,975 2,020 83.47 7.74 8 Tra Nham III 480 461 2,070 2,111 77.08 4.79 9 Tra Trung III 158 152 568 592 72.78 18.99 VI Tra Bong district 1 Tra Xuan township II 2,029 118 462 8,105 21.98 34.75 2 Tra Binh commune II 1,428 - - 5,592 25.98 25.07 45 Ethnic Minorities Development Plan – Quang Ngai Subproject No. of HHs No. of people Near Poor No. Districts Communes/towns Area poor EM EM HHs (%) Total Total HHs (%) HHs people Tra Giang 3 III 126 123 483 commune 500 80.95 3.97 4 Tra Lam commune III 432 416 1,962 1,997 80.56 9.72 Tra Thuy 5 III 810 711 2,874 commune 3,140 68.64 12.35 6 Tra Son III 1,153 1,033 4,692 5,045 70.60 5.20 7 Tra Tan III 548 476 1,990 2,156 83.94 2.55 8 Tra Bui III 479 455 1,831 1,891 91.33 0.85 9 Tra Hiep III 455 450 2,013 2,036 79.59 12.47 10 Tra Phu commune III 1,196 7 16 4,413 22.91 39.29 VII Tu Nghia district Nghia Lam 1 I 1,751 - commune 7,815 1.94 3.66 Nghia Son 2 II 327 324 1,145 commune 1,156 3.67 14.07 Nghia Tho 3 III 370 368 1,263 Commune 1,271 33.50 34.59 VIII Binh Son commune 1 Binh An commune II 1,010 182 674 14 9.46 3,645 Binh Khuong 2 II 1,254 2 7 43.17 39.88 commune 4,679 IX Son Tinh district Tinh Giang 1 I 1,810 3 12 commune 7,726 4.85 4.19 2 Tinh Dong II 1,683 - - 13.19 5.19 46 Ethnic Minorities Development Plan – Quang Ngai Subproject No. of HHs No. of people Near Poor No. Districts Communes/towns Area poor EM EM HHs (%) Total Total HHs (%) HHs people commune 7,237 Tinh Hiep 3 II 2,157 2 7 commune 9,059 13.97 7.82 X Nghia Hanh district Hanh Tin Tay 1 II 1,233 169 628 commune 5,153 25.71 10.62 Hanh Tin Dong 2 II 1,161 81 299 commune 4,594 14.04 16.32 Hanh Dung 3 II 1,793 39 153 commune 7,029 11.04 9.98 Hanh Thien 4 II 1,798 - commune 7,014 19.63 24.30 Hanh Nhan 5 II 2,079 - commune 8,282 12.03 14.00 XI Mo Duc district 1 Duc Phu commune II 1,543 7 32 7,341 11.14 12.66 XII Duc Pho district Pho Nhon 1 I 1,889 - 4 commune 5,092 9.70 1.16 Pho Phong 2 I 2,814 - - commune 10,922 10.41 3.20 (*) Sources: Cencus of population, ethnic group by administrative unit in 31 December 2016 of Quang Ngai Provincial Ethnic Committee 47 Ethnic Minorities Development Plan – Quang Ngai Subproject Annex 3. Minutes of Consultations with Ems 48 Ethnic Minorities Development Plan – Quang Ngai Subproject 49 Ethnic Minorities Development Plan – Quang Ngai Subproject 50 Ethnic Minorities Development Plan – Quang Ngai Subproject 51 Ethnic Minorities Development Plan – Quang Ngai Subproject 52 Ethnic Minorities Development Plan – Quang Ngai Subproject Annex 4: Project information leaflet General Context e, Payment of compensation for affected assets and relocation of AHs to new sites will be completed prior to commencement of any The Emergency Natural Disaster Reconstruction construction activities. Project – Quang Ngai Subproject will be f) Specific assistance will be provided for implemented in Quang Ngai province, at locations ethnic minorities, female headed-households, affected by disaster, in which, the project focuses families with disabled, and other vulnerable on rehabilitation of essential infrastructure works to families. ensure life, restore production and ensure smooth transportation When the Detailed Measurement Survey (DMS) will take place? Specific objectives of the Project include The DMS will only be carried out in the presence - Repairing, improving and upgrading of of the AHs. AHs will be informed prior to the production infrastructure (including irrigation survey. works, dykes, river embankments, sea embankments, irrigation canals, domestic water supply, etc.) in order to restore production, protect Investment Phasing lives and property of the local people, reduce risks caused by natural disasters. 3. In the above-mentioned list, to priority recover the flood prevention works in the next - Overcoming damages on traffic infrastructure storm season up to 2017, Quang Ngai province to facilitate travel, business and production discussed with the concerned agencies and agreed development of the people, facilitate transportation with the division into two (02) phases: of rescue forces, materials and equipment for emergency rescue for local people in flooded and - First 18-month Items (estimated to be drought areas in case natural resources and floods started since Quarter 3, 2017): including 3 work in the region. items/packages: (i) Northern Cay Bua river embankment, Southern Ve river embankment (Duc - Support for capacity strengthening of the Thang commune) and Northern Ve river Client in the project implementation embankment (Nghia Hiep commune); (ii) Northern  Vietnam - Emergency Natural Disaster Tra Khuc river embankment and (iii) Va Ranh Reconstruction Project – Quang Ngai Subproject bridge, Dam bridge L = 12m (Tra Lanh), Dong consists of 03 components as follow: Yen 3 bridge, Ha Rieng river bridge and acess road to Ha Rieng hamlet resettlement site.  Component 1: Resilient Reconstruction of Flood Damaged Infrastructures - Remaining Items (estimated to be started from Quarter 1/2018): 06 work items/packages: (i) d. Subcomponent 1.1: Irrigation (estimated Canal B2, Son Tinh buried canal, Son Ha district cost of VND 87 billion) canals and Dong Quyt pumping station; (ii) Canal This subcomponent will implement rehabilitation N6; (iii) Southern Ve river embankment (Hanh Tin and solidification of about 20km of ditch canals, Dong commune), Dong Xoai residential area contributing to strengthening capacity of irrigation, embankment, Tra Cau river embankment, Nang socio-economic development of the province. stream embankment, Binh Thoi – Binh Duong embankment; (iv) Anti-flood, rescue roads in the e. Subcomponent 1.2: Flood prevention (estimated cost of VND 150 billion) Western districts of Quang Ngai province (Ba To, Minh Long, Son Ha, chainage KM 11); (v) Hanh This subcomponent aims at prevention and Dung –Nghia Tho road, Song Ve – Nghia Hiep mitigation of risks in the future in the case of road, Tra Lam – Tra Hiep road, the road crossing natural disaster, minimizing the impacts of natural An Phu and Cau Cao hamlets; and (vi) Repairing disasters on people's property and lives. provincial roads in Quang Ngai province. 53 Ethnic Minorities Development Plan – Quang Ngai Subproject f. Subcomponent 1.3: Transport (estimated When other consultation will take place? cost of VND 172 billion) Consultation with AHs will continue during the This Subcomponent will finance for detailed design phase and before the DMS. AHs rehabilitation, reconstruction of damaged transport will receive a written invitation to join the public infrastructure works meetings.  Component 2: Capacity Building If there are disagreements or problems arising during the Project such as compensation or  Component 3: Project Management general project-related disputes, do I have the Who are the affected households (AHs)? right to complain? Entitled AHs are those persons who are located Any AH may file a complaint or grievance. The within the affected area at the date the project Project includes a Grievance Redress Process and will be publicly announced. The cut-off-date for AHs may present their complaints to the eligibility is the date of the notification for land concerned local administrative officials and RCs, acquisition. Persons who encroach into the area either verbally or in writing. after the cut-off-date will not be entitled to The complaint can be filed first at the commune compensation or any other form of resettlement level and can be elevated to the highest provincial assistance. level if the AHs are not satisfied with the What are the resettlement policies and principles decisions made by the commune or district. AHs of the Project for affected households? will be exempted from all taxes and The basic resettlement principles of the Project administrative and legal fees associated with are: filing and resolving the dispute. a) All APs are entitled to be compensated for Anybody who has questions or concerns about their lost assets, incomes and businesses at the Project, can contact the following persons: replacement cost, and provided with QUANG NGAI PROJECT MANAGEMENT rehabilitation measures sufficient to assist them UNIT OF CONSTRUCTION INVESTMENT to improve or at least maintain their pre-project WORKS FOR AGRICULTURE AND RURAL living standards, incomes and productive DEVELOPMENT capacity. Ad: 264 Trần Hưng Đạo, Trần Hưng Đạo ward, b) Lack of legal rights to the assets lost will Quang Ngai city not prevent APs from entitlement to Tel: 0553831718 compensation. c) Compensation for affected assets shall be provided at market rates. d) Preparation of resettlement plans and their implementation is to be carried out with participation and consultation of affected people. 54 Ethnic Minorities Development Plan – Quang Ngai Subproject 55