RP1163
1
Social Impact Management Framework
RaniJamaraKulariya Irrigation Project
Department Irrigation
February 23, 2011
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Table of Contents
LIST OF ACRONYMS & TRANSLATIONS
EXECUTIVE SUMMARY
1.Policy Framework for Land Acquisition and Resettlement
1.1Resettlement and Rehabilitation (R&R) Policy Framework
1.2Objectives and principles of the framework
1.3Applicable Legal and Policy Framework
1.4Identification of Gaps in National Policies and Recommendations to Bridge Gaps
1.5.Social Impacts: Planning Steps and Methods
1.7.Information Dissemination, Consultation, Participation and Disclosure
1.8.Grievance Redress Mechanism
1.9.Implementation Agencies
2.Vulnerable Community Development Framework
2.1.Introduction
2.2.Relevant National & World Bank Policies on Vulnerable Peoples
2.3Vulnerable People in Nepal
2.4Vulnerable Groups in the Project Areas
2.5Concerns Relating to Vulnerable Communities in the Project Area
3.Gender and Social Inclusion Framework
3.1.Definitions of Gender and Social Inclusion
3.2.Existing Policies on Gender equality and Social Inclusion
3.3.Gender-specific constraints to women’s participation in the project area:
3.4.Gender and Social Inclusion Strategies
4.Information & communication strategy
4.1.Findings & Lessons from Past Information and Communication Efforts
4.2Barriers to Information and Communication
4.3Issues to consider in implementing Information & Communication Strategies
4.4Tools and Mediums for Information and Communication
4.5Selective & Tailored Mechanism
4.6Information, communication & consultation contents and messages
4.7Community Consultation and Participation Plan during the Project Cycle
4.8Specific Information and Community Activities during the Project Cycle
4.9Information, Dissemination, Community Consultation & Participation Plan
4.10Political and Conflict Sensitive Participation Approach
LIST OF ACRONYMS & TRANSLATIONS
Badghar / The person in charge of managing village-wide affairs including those related to irrigation at the village/sub-branch level.CBOs / Community Based Organizations
DDC / District Development Committee
DOA / Department of Agriculture
DOI / Department of Irrigation
DOWD / Department of Women’s Development
FGD / Focus Group Discussions
GESI / Gender, Equality and Social Inclusion
GRC / Grievance Redress Committee
ICCCP / Information, Communication, Community Consultation & Participation
IP / Indigenous Peoples
IPM / Integrated Pest Management
IPNM / Integrated Pest and Nutrient Management
ISEA / Integrated Social and Environmental Assessment
IUA / Irrigation Users’ Association for Rani, Jamara and Kulariya
IUC / Irrigation User Committee
IUG / Irrigation User Group
M&E / Monitoring and Evaluation
KII / Key Informant Interviews
Kulo / Canal (Nepali word)
MOWR / Ministry of Water Resources
NDC / National Dalit Commission
NEFIWUAN / Nepal Federation of Irrigation Users Association of Nepal
O&M / Operation and Maintenance
PAP / Project Affected Persons
PRA / Participatory Rural Appraisal
RJK / Rani, Jamara and Kulariya
RAP / Resettlement Plan
RJKIS / RaniJamaraKulariya Irrigation System
SahekChaudhary / The person in charge of managing irrigation-related issues at the village/sub-branch.
VCD / Vulnerable Community Development
VDC / Village Development Committee
WB / World Bank
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EXECUTIVE SUMMARY
Rani, Jamara and KulariyaKulos (or canals) were constructed by farmers more than a hundred years go. These Kulos off-take from JarahiNaala,western sub-course of the Karnali River. Each Kulo has many branches and sub-branches to irrigate at present approximately 24,000 ha of farmland. Since construction, the Kulo system has been traditionally operated, maintained and managed by traditional irrigation user committees and headed by KuloChaudhary of each Kulo[1].
Nepal Government, as per the request of the irrigation users of the Rani, Jamara and Kulariya system, has planned to upgrade the system through proper intakes. The Nepal Government is also requesting the World Bank to assist in financing the project.
As part of the project preparation, the Department of Irrigation has engaged a group of social scientists to carry out a social assessment in the project areas, and based on the social assessment, develop instruments to mitigate possible adverse social impacts and maximize project benefits. The social assessment developed a socioeconomic profile of the project; mapped out stakeholders in the project area; assessed various social, economic and political factors that play in the design and implementation of the project; and assess likelihood of the social impacts of the project. On the basis of the social assessment findings, the consultant team developed this Social Impact Management Framework (SIMP) for the Department of Irrigation in compliance with relevant domestic and World Bank safeguard policies.
The SIMP is developed in view of the approach and progress for the engineering design. The engineering design will be developed later for different schemes within the command area. The design progress will vary across the project area, and therefore it is not possible to determine the extent of impacts upfront. This SIMP is prepared to guide the detailed social planning process during implementation when the engineering designs are completed. It proposes policy guidelines, planning approaches and requirements, mitigation strategies and interventions under the project. This SIMF covers involuntary resettlement in compliance with World Bank OP 4.12 on Involuntary Resettlement, indigenous people issue in compliance with OP 4.10 on Indigenous Peoples, gender and social inclusion, as well as information, communication, consultation and participation. It provides the guideline to address the social aspects of the program design and implementation.
Policy framework for land acquisition and resettlement: The proposed RaniJamara and Kulariya irrigation project involves upgrading of an existing system, it is unlikely that the major issues of land acquisition will come up in the course of project implementation and the project is not expecting to have impacts on structures that may require relocation. Nevertheless, the upgrading works may require small portions of lands. These will be determined only after engineering design is completed. This framework is developed to guide planning to address such possible impacts of land acquisition. It outlines measures to be adopted in instances where the following types of losses are inevitable: acquisition of private; tenancy and Guthi land; temporary loss of land/crop; loss of residential, commercial and other structures; loss of community structures/resources; loss of tree and crops; and loss of time and travel expenses. The framework, in turn, recommends strategies for the design of: resettlement plans; information, consultation, participation and disclosure; and grievance redress mechanisms.
Vulnerable Community Development Framework: The major objective of the Vulnerable Community DevelopmentFramework (VCDF) is to ensure that the RJKIS modernization and rehabilitation project not only causes no negative impacts on vulnerable peoples, including Janjati communities, who are mainly the socially disadvantaged communities (such as Tharus,Dalits, Hill-Janajatis, women-headed households, MuktaKamaiyas and Sukumbasis) but that it provides the necessary institutional and budgetary mechanisms to ensure that they get equal access to program benefits. The VCDF has been designed in line with relevant government policies as well as the World Bank’s OP 4.10 on Indigenous Peoples, a key component of the Bank’s Operational Policies relating to Social and Environmental Safeguards. The framework identifies the following social issues and potential impacts, and proposes corresponding mitigation strategies and specific activities for each: demise of the Tharu-led irrigation governance systems; social inequity within and between Tharus and non-Tharus; lack of inclusion and equitable participation of non-Tharu vulnerable communities; and lack of access to complementary services. The major agencies recommended for implementing the mitigation strategies and specific activities include: RJK project officials, Department of Agriculture, local NGOs, Irrigation User Groups and Committees, Irrigation User Association, and training/research agencies.
Gender Equality and Social Inclusion (GESI) Strategy: The GESI strategy has the following objecives: guide the development of measuresto create a favorable environment for integrating GESI in the RJIK modernization and rehabilitation project; enhance the capacity of service providers and ensure equitable access and use of irrigation and project related benefits by the poor, vulnerable and marginalized castes and ethnic groups; and improve demands for inclusive decision-making and benefit sharing processes by the poor, vulnerable and marginalized castes and ethnic groups. Because the VCDF has already focused on the vulnerable communities, this framework is on gender-specific mainstreaming issues and strategies. Based on a stock-take of the level of women’s participation in the irrigation governance systems, the framework identifies the following social issues and proposes corresponding strategies and specific activities for addressing each: lack of participation in irrigation governance systems; women landholders and women-headed households’ membership in irrigation user groups; dearth in women’s leadership qualities; low-level of involvement and knowledge of RJK project and socio-economic benefits; gender discriminatory rules and practices in irrigation governance; and low-level of agricultural development know-how. The major agencies recommended for implementing the mitigation strategies and specific activities include: RJK project officials, local NGOs, local women’s CBOs, Department of Women’s Development, Department of Agriculture, Irrigation User Groups and Committees, Irrigation User Association, and training/research agencies.
Information, Communication & Community Consultation and Participation (ICCCP) Strategy: The major objectives of the (ICCCP) Strategy are to: (i) keep all stakeholders informed of the project activities as well as its potential beneficial and adverse impacts; and (ii) ensure stakeholders actively participate in all levels of the project cycles, come up with mitigation plans of the potential negative impacts of the project, and are well trained and equipped to take over the responsibilities of operation and management once the project phases out. Based on an assessment of the ICCCP strategies adopted by the RJK project office thus far, the framework proposes employing face-to-face communication as well as mass media to disseminate information about the project to all stakeholders (primary, secondary and tertiary levels); and using selective and tailored mechanisms for informing and consulting women and vulnerable beneficiaries as well as project affected persons in particular. Information dissemination, consultation and participation strategies should be adopted at different project cycles – pre-construction, construction, operation and maintenance and monitoring and evaluation. Given the political climate of the country, a political and conflict sensitive approach should be adopted which embraces the concept of ‘social, inclusion, equity and equitable distribution of benefits’ as guiding principles. The framework recommends the institutional re-arrangements and budgetary commitments necessary within the DOI to oversee the implementation of the ICCCP.
- Policy Framework for Land Acquisition and Resettlement
- Resettlement and Rehabilitation (R&R) Policy Framework
Rani, Jamara and Kulariya Irrigation Scheme (RJKIS) is one of the largest farmer-based irrigation systems in the Tarai. Located in the Kailali District in theFar West, it has a net cultivable area of approximately 14,300 ha of which about 11,000 ha is currently irrigated. The system is a cluster of three independent ‘kulos’ or branch canal systems, each with its separate water intake from a bi-channel of the main Karnali river[2]. According to the sources, RaniKulo was built by farmers in 1896, Jamara in 1960 and Kulariyain 1972 and each canal system has several branches and sub-branches to irrigate the command area.
Since the proposed RaniJamara and Kulariya irrigation project involves upgrading of an existing project, it is unlikely, that the issue of land acquisition will come up in the course of project implementation. As the project works will largely remain limited to the lands traditionally used by the RJKIS canal systems, no significant social impacts on land acquisition and resettlement is expected. Use of private lands, wherever needed, will occur along minor strips of existing canal facilities and the associated impacts are unlikely to be severe because of the linear nature of the irrigation systems.
The rationale of this frameworkis originated from the fact that there has not been final technical design of the project for different components to understand the nature and scale of social impacts. As the detailed design would take place later and very little is known at present about the interventions and project activities, this framework is developed to guide detailed resettlement planning to address land acquisition and resettlement impacts. This framework, therefore, covers a range of possible land, structure, and livelihood related impacts that could occur during later stage of project planning and implementation. In RJKIP,no physical displacement is envisioned, but the framework provides guidance for all possible events in line with the Safeguards Policy of the World Bank and Government of Nepal's Land Acquisition Act, 2034 (1977) and other relevant Acts and policies
1.2Objectives and principles of the framework
The objective of this framework is to ensure that adequate measures are designed and implemented to make sure that people affected through loss of assets could improve or at least restore their living standard. Possible impacts could include loss of land (homestead; agriculture; community land), loss of structure (residential; commercial; community), loss of livelihood, loss of standing crops/ trees, loss of access to common property resources (CPR) and facilities. The following principles will be followed,
a)avoid and minimize land acquisition and resettlement impacts and identify the non-displacing or least-displacing alternatives;
b)where avoidance is not possible, plan the Resettlement and Rehabilitation of Project Affected Families (PAFs), including special needs of vulnerable sections through proper assessment and consultations;
c)provide full compensation of acquired assets at replacement value and assist affected persons in maintaining/restoring their former living standards, income earning capacity, and production levels;
d)facilitate harmonious relationship between the Implementing Authority ( Acquiring Body) and PAFs through mutual cooperation and regular interaction; and
e)ensure that the affected persons are meaningfully consulted and provided opportunities to participate in the planning and implementation stages of the resettlement program in order to suitably accommodate their inputs and make this framework more participatory in nature and broad based in its scope
1.3Applicable Legal and Policy Framework
- GON Legal and Policy Framework
The Government of Nepal (GoN) has issued, formulated and reformed several national policies, Acts, regulations and guidelines that are adapted and used while developing and implementing the projects. The following national policy, legal and regulatory framework provides basis to address the social issues at all stages of project cycle beginning from planning to implementation and post implementation under proposed RJKIP.
The Interim Constitution (2007): Clause 2 of article 19 of the Interim Constitution refers about Rights of Property specifying that except for public benefits the State cannot seize property of individuals and cannot create any type of rights under such property. The State may acquire the property from its owner by providing due compensation to owner for land or other properties acquired, as prescribed by law.
Land Acquisition Act 1977:The Land Acquisition Act 1977 clearly outlines the procedures of land acquisition and compensation for public purposes. The Act states that, GON can acquire land at any place in any quantity by providing compensation pursuant to the Act (sections 3 and 4) for any development project. Once the decision is made to acquire land for the project, the Project Manager initiates preliminary actions to assess the location and extent of land to be acquired. The Act provides for cash compensation decided by the Compensation Fixation Committee (CFC) constituted under the chairmanship of Chief District Officer (CDO). Under section 15 of the act, the compensation for the Guthi Land (Religious Trust) is to be paid as per the provision made under the GuthiCorporation Act, 1976. The section 42 of GuthiCorporation Act authorizes GON to acquire Guthi land and reimburse it by providing land instead of paying compensation if it wishes to do so.
Land Reform Act, 1964: The Land Reform Act, 1964 is considered as a revolutionary step towards changing the existing system of land tenure by establishing rights of tenants and providing ownership rights to actual tiller. To date it has been amended five times. Article sets ceiling on land ownership according to geographical zones. Article 25 (1) of this act deals with tenancy rights to the tenants.
Local Self Governance Regulation, 2000: Local Self-Governance Regulation empowers the local bodies to coordinate and implement development programs and for rationale utilization of local natural resources. Article -7 (69) empowers the VDCs for monitoring and supervision of development work implemented in the VDC. The Article - 4 of DDC has provision of three members (Agriculture, Forest, and Environment) committee to look after the concerned issues.
- World Bank Social Safeguard Policies
Involuntary ResettlementPolicy (OP 4.12) states that involuntary resettlement should be avoided as far as possible. If involuntary settlement is unavoidable, they should be minimized by exploring all viable options. People affected should be fully informed, and be compensated and assisted to improve or at least restore their livelihoods. The WB policy further states that the absence of a formal legal title to land on the part of affected groups should not be a bar to compensation and that special attention will be paid to households headed by women and other vulnerable groups. This provision, in particular, is likely to be an object of contention in the RJK Irrigation Project. According to WB policy, the date of the census will be the “cut-off-date” for the entitlement, and titled as well as non-titled owners of affected assets will be eligible for compensation. Finally, WB policy states that the planning and implementation of any compensatory and resettlement measures should be appropriately monitored and evaluated.
1.4Identification of Gaps in National Policies and Recommendations to Bridge Gaps
- Identification of Gaps and Limitations in the National Policies
The main gaps and limitations of the national legal and policy framework are: