Due Diligence Report Social Safeguards (Indigenous Peoples)

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1 Due Diligence Report Social Safeguards (Indigenous Peoples) Project number: August 2016 IND: Madhya Pradesh Urban Services Improvement Program Water Supply Improvement in Jaithari Package Number: MPUSIP-7B Prepared by the Government of Madhya Pradesh for the Asian Development Bank. This due diligence report is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature. In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area.

2 Indigenous People Screening and Due Diligence Report Document stage: Draft for consultation Project Number: Loan and/or Grant Number(s): {LXXXX; GXXXX; TAXXXX} August, 2016 IND: Madhya Pradesh - Urban Services Improvement Program Jaithari Water Supply Scheme, District: Anuppur This due diligence report is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature. 1 MaRS Planning and Engineering Pvt. Ltd., Ahmedabad

3 CURRENCY EQUIVALENTS (as of August 01,2016) Currency unit = Rupee (INR) INR 1.00 = USD015 USD 1.00 = INR ABBREVIATIONS ADB - Asian Development Bank AP - Affected Person BPL - Below Poverty Line DP - Displaced Person DSC - Design and Supervision Consultant EA - Executive Agency GOI - Government of India GOMP - Government of Madhya Pradesh HHs - Households IA - Implementing Agency IR - Involuntary Resettlement KM - Kilometer MPUDC - Madhya Pradesh Urban Development Company OHT - Over Head Tank O&M - operation and maintenance PIU - Project Implementation Unit PMC - Program Monitoring Consultant PMU - Program Management Unit PO - Project Officer PWD - Public works Department R&R - Resettlement and Rehabilitation RF - Resettlement Framework RFCTLARR - The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 RP - Resettlement Plan ROW - Right of Way RWA - Resident Welfare Associations SIA - Social Impact Assessment SIMP - Social Impact management Plan SO - Safeguard Officer SPS - Safeguard Policy Statement TA - Technical Assistance UADD - Urban Administration and Development Directorate UDED - Urban Development and Environment Department 2 MaRS Planning and Engineering Pvt. Ltd., Ahmedabad

4 ULBs - Urban Local Bodies WRD - Water Resource Department WTP - Water Treatment Plant 3 MaRS Planning and Engineering Pvt. Ltd., Ahmedabad

5 CONTENTS I INTRODUCTION Project Description Overview Scope of Indigenous People Planning Framework (IPPF) 1.4 Distribution of Scheduled Tribes in Madhya Pradesh in Relation to India 2. A. Identification of Indigenous People/Tribal People 07 3 Proposed components of Subproject 4 Preliminary Screening 07 5 Categorization 08 6 Strategy for tribal people s participation 08 7 Monitoring 16 8 Conclusion 17 Table. 1 Summary of Public consultation 13 Table. 2 Schedule Caste and Schedule Tribe population of Jaithari town 14 Table. 3 Ward wise population of Indigenous people of Jaithari town 15 Table. 4 Monitoring Indicators 16 Table. 5 Budgetary provision 17 B. Appendix 1 List of Tribal Communities in State of Madhya Pradesh as Provided by Ministry of Tribal Affairs, Government of India 19 Appendix 2 List of Schedule Areas in Madhya Pradesh as Specified by the Scheduled Areas under the Sixth Schedule of Indian Constitutions Appendix 3 Public consultation 23 Appendix 4 IP Impact Screening List 25 Page MaRS Planning and Engineering Pvt. Ltd., Ahmedabad

6 1.1 Project Description I. INTRODUCTION 1. Government of Madhya Pradesh (GoMP) with a sector project loan funding from Asian Development Bank (ADB) has proposed to implement Madhya Pradesh Urban Services Improvement Project (MPUSIP), herein after referred as the Project. Madhya Pradesh Urban Development Company Limited (MPUDC) shall be the Implementing Agency (IA) and the State Urban Development and Housing Department (UDHD) shall be the executing agency for the Project. A project management unit (PMU) created under MPUDC is implementing MPUSIP. 2. MPUSIP s physical components include (a) improvements to water in 64 project towns; and (b) sewage and storm water collection and treatment services proposed in two (2) identified towns (Khajuraho, and Rajnagar). 1 The project also includes an institutional strengthening component and a project management and administrative support component. 3. This Indigenous Peoples Planning Framework (IPPF) for MPUSIP outlines the objectives, policy principles and procedures for compensation and other assistance measures for tribal people who may be displaced/ affected due to project implementation. A detailed description of each compensation measure and assistance is provided in the entitlement matrix Overview 4. The state of Madhya Pradesh counts for highest Schedule Tribe (ST) population in India 2. However, desk review of the Census 2011 data of the 128 towns where the programme is proposed reveals that out of the total population in 128 towns (2,697,091) percent (481,700) belongs to Schedule Caste category and 6.19 percent (167,066) is Schedule Tribe. To achieve the overall goal of the programme an understanding of how social elements influence poverty, inequality, and vulnerability is important. 1.3 Scope of Indigenous People Planning Framework (IPPF) 5. The IPPF has been developed to manage and mitigate possible impacts to the indigenous people in the investment program area. 6. The IPPF sets out the policy, principles, and implementation mechanisms to address such impacts according to ADB s Safeguards Policy Statement (SPS) requirement no. 3 on indigenous people (IP). During the course of project identification and social impact assessment, if any IPs are identified, the impacts (both positive and negative) of the subproject component on affected groups/communities will be addressed according to the prepared framework. The framework will address the developmental needs of indigenous people/ tribes as a distinct community through a process of sustainable development. 2 Statistical Profile of Scheduled Tribes in India, 2013, a document published by the Ministry of Tribal Affairs, Statistics Division, Government of India reveals that the state of Madhya Pradesh counts for highest Scheduled Tribe (ST) population in India (14.69 percent). 5 MaRS Planning and Engineering Pvt. Ltd., Ahmedabad

7 7. Tribals constitute 8.61 percent of the total population of the country, with a total population of million (Census 2011). In Madhya Pradesh 46 tribal communities eside. Appendix 1,provides the list of tribal communities in the state of Madhya Pradesh as provided by Ministry of Tribal Affairs, Government of India Distribution of Scheduled Tribes in Madhya Pradesh in Relation to India 8. The tribal population of Madhya Pradesh increased to 15,316,784 in 2011 from12,233,474 in The decadal growth rate during this period is percent. Review of the Census 2011 data of the 128 towns of Madhya Pradesh where the programme is proposed, reveals that out of the total population in 128 towns (2,697,091) percent (481,700) belongs to Schedule Caste category and 6.19 percent (167,066) is Schedule Tribe. 9. The trends in the population of the Scheduled Tribes by residence (total, Rural and Urban) for Census Years shows that the percentage of Scheduled Tribes Population in the Rural Areas (11.3 percent) much higher that Urban Population (2.8 percent). In Madhya Pradesh certain areas have been declared as scheduled area as Specified by the Scheduled Areas under the Sixth Schedule of Indian Constitutions 3. List of Schedule Areas in Madhya Pradesh is provided in Appendix Identification of Indigenous People/Tribal People 10. ADB s Indigenous People Policy uses the following characteristics to define IP: i) self identification as members of a distinct indigenous cultural group and recognition of this identity 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, economic, social, or political institutions that are separate from those of the dominant society and culture; and (iv) a distinct language, often different from the official language of the country or region. 11. According to the Census of India 2011, 8.61 percent of the Indian population is classified as ST. In comparison to the national figure, Madhya Pradesh has 14.7 percent of its populations classified as ST. The major tribes of Madhya Pradesh are classified in Appendix 1. 3 Scheduled areas are autonomous areas within a state, administered federally, usually populated by a predominant Scheduled Tribe. 6 MaRS Planning and Engineering Pvt. Ltd., Ahmedabad

8 3. Proposed components in Subprojects Table 1 Proposed Project Component under Jaithari Water Supply Scheme Infrastructure Function Description Location weir on Tipan river Source development to cater ultimate demand in 2048 Water intake Facilities Raw water abstraction from Tipan River and supply to WTP Intake well (4.50mdiameter, 9.98m deep in RCC) Weir (70.0 m Length, 3.0 m depth) Intake well will be built near Tipan River. Weir on downstream site of existing intake well. Raw water pipeline will be laid underground from the Intake well to WTP site. Along existing road side road. Water Treatment Plant Treatment of raw water to meet the drinking water standard s 2.0 mld capacity water treatment plant with arrangements: Alum floccul ati on Sedimentation, coagulation & WTP site is located near intake well. Total a required is 1.5 Acre; site is owned by GoMP. Rapid gravity filtration, Disinfection with chlorination Wash water recovery Pumping stations To provide adequate pressure in the water supply system Sludge drying beds Pumping stations at Intake well on Tipan river As above Water service Reservoirs RCC tanks 1.0 lakh liter treated water sump Near Main Head Work at WTP Site. 7 MaRS Planning and Engineering Pvt. Ltd., Ahmedabad

9 Transmission network Water transmission to service reservoirs Raw Water feeder Mains. 0.16km common(150 mm DI) Transmission pipelines will be mostly aid along the main roads. Pipes will be laid Underground. Clear Water feeder Mains. 1.85km in Jaithari (150mmdiaDI) The transmission main (150mmdia) leading to Intake well to WTP to Reservoir, the land owned by ULB; this land is vacant, and pipeline will be laid with the permission of ULB. Water from this pipeline will also be provided to ULB premises. Distribution network Improvement To distribute water from service reservoirs to consumers km pipes in Jaitari 75mmdia HDPE 20.0km 90dia HDPE 1.99km 110dia HDPE 1.54km 125dia HDPE 0.69km 140 HDPE 0.70 km 160 HDPE 0.79 km 180 HDPE 0.80km 200 HDPE 0.63km 225 HDPE km 250 HDPE km 315 HDPE km Pipes will be laid underground along the public roads; this work will cover entire area of the towns; in narrow roads, where there is no place, the pipeline will be laid along road ROW; where the roads are very wide(15m or more),the pipelines will be laid on both sides of the road. Majority of the existing pipes are of AC; and therefore existing pipes will be left as it is in the ground untouched. Bulk Water Monitor water flow 4no,sBulk flow Meters Fixed at strategic locations at Meters in the improved network Source, OHTs, GLSRs, DMA inlets etc., bulk meters will be fixed with the pipe section. Consumer connection with flow meters Provide water to consumers and measure water usage Consumer connection with meters 2424 nos, in Jaithari Water delivery pipe (GI of dia15mm) will be connected to distribution lines and meters will be attached to the delivery pipe at each house with a meter chamber. 4. Preliminary Screening 12. The preliminary screening of all IP communities and villages within and in the vicinity of the proposed sub-project area. The ULB arranged public meetings at IP communities to provide information regarding the Jaithari Water Supply sub-project. During these 8 MaRS Planning and Engineering Pvt. Ltd., Ahmedabad

10 meetings, community leaders and other participants will be given an opportunity to present their views and concerns. An initial screening will check for the following: o Presence and names of TP community groups in the area; o Cultural and religious distinction of the TP groups vis-à-vis other communities, and mainstreaming of the TP with the dominant population; o Laws and legislations related to TP groups; o Total number of TP community groups and percentage of TP population to total population in the area; o Number and percentage of TP households likely to be affected by the subproject component; and o Initial assessment to also include level of vulnerability of the TP, such as being a (primitive) tribal groups (PTG) and existing socioeconomic conditions that may further deteriorate due to project impact. If such especially vulnerable groups among the TP community are identified within the project area, they warrant special measures for protecting their socio-cultural identity and baseline economic standard. While determining vulnerability of these TP groups, assessment will be made if there is any possibility of future impact due to the project. 13. An IP assessment done on the basis of checklist of SPS The results of the preliminary screening show that there are IP households in the proposed sub-project area, but they are not affected by construction activities during implementation. For their safeguards a social impact assessment (SIA) will be conducted to capture IP issues and development opportunities that exist in the area at preconstruction stage. A checklist format for screening of IPs in the sub projects is in Appendix 3. Preliminary Screening flow chart:- Subproject components requiring IPP for IP in project area Social Safeguard Personnel (DPR Consultant)/PMU,MPUDC conduct preliminary screening Based on findings of screening,category will be finalized and accordingly SIA/DDR will be prepared. 5. Categorization 14. The proposed subproject, Jaithari Water Supply is classified as Category B for Indigenous people impact,as proposed investment will have positive impacts on IPs living in the project town. 15. The impacts on indigenous people households are potentially positive, measures will be undertaken to ensure that benefits are equally shared between IP and non IP population. 9 MaRS Planning and Engineering Pvt. Ltd., Ahmedabad

11 It will be ensured indigenous peoples as stakeholders take part during all stages of the investment program. 5. Strategy for tribal people s participation i) Consultations and information disclosure are an integral part of IPP preparation in order to ensure that the priorities, preferences, and needs of the tribal groups have been taken into consideration adequately. With that objective in view, a strategy for consultation with tribal communities and their leaders will be developed so that these are conducted in a participatory manner. The MPUDC/ PIU, MPUDC/ULB representatives will be part of evolving that strategy and consultation process. Table 1. Summary of Public consultation with Indigenous people Date Location No. of Participan ts Participants Topics Discussed Issues 27 th Jan., 2016 Slum area ward 4 (having maximum IP populatio n) M=10 F=8 T=18 Residential welfare Association Briefing on project objectives probable implementation procedures Potential positive and negative impacts due to project implementation Experiences sharing on - livelihood activities, Resettlement and Rehabilitation, women empowerment, tribal development, health, education, convergence with existing government social security schemes etc. Grievance Redress procedures Active participation during implementation None of the people knew about the proposed project. On learning about the project, they expressed that they were happy that the entire community would be benefited from the upgraded water supply. The area has insufficient and inadequate drinking water resource. They purchase water from private source and have to pay INR 200 per month (per family). The area faces severe water crisis during the summer when the ground water level drops. The community willingly accepts the project and are willing to pay user charges Most of the community people are daily wage workers.people are 10 MaRS Planning and Engineering Pvt. Ltd., Ahmedabad

12 keen to take up capacity building training for enhancement of skills and income generation activities. ii) The IPs will be actively engaged in all stages of the project cycle, including project preparation, and feedback of consultations with the IPs will be reflected in the project design, followed by disclosure. Their participation in project planning will inform project design, and the TPs should be convinced of their benefits from the project. The awareness material prepared will be translated into the local language of the IPs and made available to them before implementation of the project. iii) Local CBOs/tribal community representatives will be involved in IPP implementation and resolving all issues related to the IP through consultation and facilitation by the PIU/ULB and PMU. The PMU/ULB will ensure adequate flow of funds for consultation and facilitation of planned activities within IP. iv) One project information disclosure (PID) brochure will be prepared, translated into a language understandable to the tribal people, and distributed among them. 6. Jaithari Municipal Parishad - Jaithari falls under scheduled area declared by Government of India. In 2011, the total population of SC (616) and ST (1567) accounted for 7.3% and 18.67% of the total town population (8396), respectively. Overall, SCs and STs accounted for 26.00% (2183) of the total Jaithari population. The sex ratio for SC and ST population in the year 2011 is 915 and 715,respectively. Table 2. SC & ST Population at Jaithari Sr.no. SC/ST Population % 1 SC Population ST Population SC& ST Population Total Population 8396 Source: Census of India, Ward wise detail of IP population as per census 2011 given in Table-3 SC population is 7.3% and ST population is only 18.67% Jaithari Municipal Parishad have 15 wards,the IP population are in all wards( 1,2,3,4,5,6,7,8,9,10,11,12,13,14,15) The wards having IP population gets directly benefitted by the project as project covers whole town. To increase participation of IP in above wards will be increased through regular consultation and information disclosure means. 11 MaRS Planning and Engineering Pvt. Ltd., Ahmedabad

13 Table 3: Ward wise detail of Indigenous People of Jaithari town Ward Ward -1 Ward-2 Ward-3 Ward-4 Ward- 5 Ward-6 Ward- 7 Ward-8 Ward-9 Ward- 10 Ward -11 Ward- 12 Ward- 13 Ward- 14 Ward- 15 Total Name of Ward Ward populati on (2011) viveka nand Bhagat singh Subhash Mahatma Gandhi Sadar Patel Shivaji Laxmi bai abdulhami d Lokmany atilak Kastu rba Gand hi Mahar ana Pratap Ravindr a Nath Tagore Dr. Ambed kar Chand ra shekh ar GuruGo bi nd Sing h Male Female SC ST (Source Census 2011) 12 MaRS Planning and Engineering Pvt. Ltd., Ahmedabad

14 7. Monitoring 16. Monitoring indicators suggested for inclusion of Indigenous people in the project and to check the positive impact /benefits ensured for Indigenous people of the different wards in Jaithari town. Following activities suggested and indicators will be monitored for inclusion. s.n o Activities Suggested Table 4: Monitoring Indicators 1 Consultation with Indigenous people through out the implementation phase 2. Training programs for project related jobs/other works Indicators for inclusion Number of ST persons participated (M/F) Number. of participants(m/f) 3 Individual/House connections *Number of connections given as per unit/fhh 4. Employment Generation in project construction related work 1.Percentage of IP HHs / FHH / vulnerable HHs connected No. of IPs get employment(m/f) 5. Employment generation in O/M No. of IPs employed in project operation related work by contractor(m/f) 6. Involvement of IP women in Income generation activities of different departments No. of women shown interest/joined * As there is no record of number of SC/ST house holds having existing water connection. It is being ensured that 100% IP HHs will have individual water connections. 1

15 8. CONCLUSIONS A. Summary and Conclusions 17. No negative IP impacts are assessed at identified sites and project area for sub-project components, as adequate vacant Government land is available for the proposed facilities. The proposed site for new WTP & 3 OHTs at Jaithari are owned by Revenue and Intake well is proposed to constructed on Water Resource Department Land; NOC for which is received. No involuntary resettlement, displacement or income loss of indigenous people is anticipated as a result of subproject. For linear components (pipe laying) or those proposed along government road RoWs, temporary disruption to road users, pedestrians and community members will be avoided. 18. IPs will be included in project benefits through (a) 100% individual household connection for BPL SC and 100% ST households which will be ensured under the project, (b) the contract will include a provision related to preferential employment of local SC/ST population and women / vulnerable persons available for work, in construction-related work and work related to O&M of project facilities. The contractor will maintain records of such employment, which will be monitored by the PMU. 19. As Jaithari is Scheduled Indigenous area declared by GoI, stringent monitoring to safeguard the rights of IPs will be under taken. Simple and mitigations measures such as provision of access planks will be ensured by the contractor during implementation. Table 5. Budgetary Provision S.no Description Target group Estimated Source of cost fund 1. Consultation with IPs INR Included in subproject 2 Training on Income IP Household INR Included in generation activities 3 provision of planks for pedestrian access to shops owned by Indigenous people shops owned by IPs 4 10% contingency INR Total INR 3,85000 subproject INR Included in subproject Next Steps. The DDR needs to be updated with the following information: To increase the participation of Indigenous People in project activities,the frequency of consultations, will be increased; record of consultations held with local communities and other stakeholders to be documented and included in updated/final DDR. Due diligence report to be updated from time to time by PMU, initiation/completion of due procedures reported, and ADB approval obtained prior to start of construction. 2

16 Appendix 1 List of Tribal Communities in State of Madhya Pradesh as Provided by Ministry of Tribal Affairs, Government of India 1. Agariya 2. Andh 3. Baiga 4. Bhaina 5. BhariaBhumia, BhuinharBhumia, Bhumiya, Bharia, Paliha, Pando 6. Bhattra 7. Bhil, Bhilala, Barela, Patelia 8. Bhil Mina 9. Bhunjia 10. Biar, Biyar 11. Binjhwar 12. Birhul, Birhor 13. Damor, Damaria 14. Dhanwar 15. Gadaba, Gadba 16. Gond; Arakh, Arrakh, Agaria, Asur, Badi Maria, Bada Maria, Bhatola, Bhimma, Bhuta, Koilabhuta, Koliabhuti, Bhar, Bisonhorn Maria, Chota Maria, Dandami Maria, Dhuru, Dhurwa, Dhoba, Dhulia, Dorla, Gaiki, Gatta, Gatti, Gaita, GondGowari, Hill Maria, Kandra, Kalanga, Khatola, Koitar, Koya, Khirwar, Khirwara, Kucha Maria, Kuchaki Maria, Madia, Maria, Mana, Mannewar, Moghya, Mogia, Monghya, Mudia, Muria, Nagarchi, Nagwanshi, Ojha, Raj, SonjhariJhareka, Thatia, Thotya, Wade Maria, Vade Maria, Daroi 17. Halba, Halbi 18. Kamar 19. Karku 20. Kawar, Kanwar, Kaur, Cherwa, Rathia, Tanwar, Chattri 21. (Omitted) 22. Khairwar, Kondar 23. Kharia 24. Kondh, Khond, Kandh 25. Kol 26. Kolam 27. Korku, Bopchi, Mouasi, Nihal, NahulBondhi, Bondeya 28. Korwa, Kodaku 29. Majhi 30. Majhwar 31. Mawasi 32. Omitted 33. Munda 34. Nagesia, Nagasia 35. Oraon, Dhanka, Dhangad 3

17 36. Panika [in (i) Chhatarpur, Panna, Rewa, Satna, Shahdol, Umaria, Sidhi and Tikamgarh districts, and (ii) Sevda and Datia tehsils of Datia district] 37. Pao 38. Pardhan, Pathari, Saroti 39. Omitted 40. Pardhi, Bahelia, Bahellia, Chita Pardhi, LangoliPardhi, PhansPardhi, Shikari, Takankar, Takia [In (i) Chhindwara, Mandla, Dindori and Seoni districts, (ii) Baihar Tahsil of Balaghat District, (iii) Betul, Bhainsdehi and Shahpurtahsils of Betul district, (iv) Patantahsil and Sihora and Majholi blocks of Jabalpur district, (v) Katni (Murwara) and VijayaRaghogarhtahsils and Bahoriband and Dhemerkheda blocks of Katni district, (vi) Hoshangabad, Babai, Sohagpur, Pipariya and Bankheditahsils and Kesla block of Hoshangabad district, (vii) Narsinghpur district, and (viii) Harsud Tahsil of Khandwa district] 41. Parja 42. Sahariya, Saharia, Seharia, Sehria, Sosia, Sor 43. Saonta, Saunta 44. Saur 45. Sawar, Sawara 46. Sonr 4

18 Appendix 2 List of Schedule Areas in Madhya Pradesh as Specified by the Scheduled Areas under the Sixth Schedule of Indian Constitutions 1. Jhabua district 2. Mandla district 3. Dindori district 4. Barwani district 5. Sardarpur, Dhar, Kukshi, Dharampuri, Gandhwani and Manawartahsils in Dhar district 6. Bhagwanpura, Segaon, Bhikangaon, Jhirniya, Khargone and Meheshwartahsils in Khargone (West Nimar) district 7. Khalwa Tribal Development Block of Harsudtahsil and Khaknar Tribal Development Block of Khaknartahsil in Khandwa (East Nimar) district 8. Sailana and Bajnatahsils in Ratlam district 9. Betultahsil (excluding Betul Development Block) and Bhainsdehi and Shahpurtahsils in Betul district 10. Lakhanadone, Ghansaur and Kuraitahsils in Seoni district 11. Baihartahsil in Balaghat district 12. Kesla Tribal Development Block of Itarsitahsil in Hoshangabad district 13. Pushparajgarh, Anuppur, Jaithari, Kotma, Jaitpur, Sohagpur and Jaisinghnagartahsils of Shahdol district 14. Pali Tribal Development Block in Palitahsil of Umaria district 15. Kusmi Tribal Development Block in Kusmitahsil of Sidhi district 16. Karahal Tribal Development Block in Karahaltahsil of Sheopur district 17. Tamia and Jamaitahsils, patwari circle Nos. 10 to 12 and 16 to 19, villages SiregaonKhurd and Kirwari in patwari circle no. 09, villages Mainawari and GaulieParasia of patwari circle No. 13 in Parasiatahsil, village Bamhani of Patwari circle No. 25 in Chhindwara tahsil, Harai Tribal Development Block and patwari circle Nos. 28 to 36,41,43,44 and 45B in AmarwaratahsilBichhuatahsil and patwari circle Nos. 05,08,09,10,11 and 14 in Saunsartahsil, Patwari circle Nos. 01 to 11 and 13 to 26, and patwari circle no. 12 (excluding village Bhuli), village Nandpur of patwari circle No. 27, villages Nikanth and Dhawdikhapa of patwari circle no 28 in Pandurnatahsil of Chhindwara district. 5

19 Appendix 3. Stakeholder Consultation photographs and list of participants Community Consultation Public consultation during Transect Walk 6

20 7

21 List of Participants 8

22 Appendix-4-Screening Questions for Indigenous People Impact A. Introduction 1. Each project/subproject/component needs to be screen for any involuntary resettlement impacts and indigenous people impacts which will occur or already occurred. This screening determines the necessary action to be done by the project team. B. Information on project/subproject/component: a. District/ Administrative Name: Anuppur b. Location (km): Jaithari,20 Kms c. Civil work dates (proposed): NA d. Technical Description: Jaithari-Water Supply Subproject 2. Below is the initial screening for indigenous people impacts and due diligence exercise. Positive or negative/permanent and temporary/ directly and indirectly impacts must be considered and reported in the screening process. KEY CONCERNS (Please provide elaborations on the Remarks column) YES NO NOT KNOWN Remarks A. Indigenous Peoples Identification 1. Are there socio-cultural groups present in or use the project area who may be considered as "tribes" (hill tribes, schedules tribes, tribal peoples), "minorities" (ethnic or national minorities), or "indigenous communities" in the project area? Jaithari has IP population. 2. Are there national or local laws or policies as well as anthropological researches/studies that consider these groups present in or using the project area as belonging to "ethnic minorities", scheduled tribes, tribal peoples, national minorities, or cultural communities? 3. Do such groups self-identify as being part of a distinct social and cultural group? 4. Do such groups maintain collective attachments to distinct habitats or ancestral territories and/or to the natural resources in these habitats and territories? 9

23 KEY CONCERNS (Please provide elaborations on the Remarks column) YES NO NOT KNOWN Remarks 5. Do such groups maintain cultural, economic, social, and political institutions distinct from the dominant society and culture? 6. Do such groups speak a distinct language or dialect? Groups speak local language and Hindi as they have been in a town for longer period 7. Has such groups been historically, socially and economically marginalized, disempowered, excluded, and/or discriminated against? economically marginalised 8. Are such groups represented as "Indigenous Peoples" or as "ethnic minorities" or "scheduled tribes" or "tribal populations" in any formal decisionmaking bodies at the national or local levels? There are elected representatives are from such groups they are part of decision making bodies at local level. B. Identification of Potential Impacts 9. Will the project directly or indirectly benefit or target Indigenous Peoples? The project cover 100% area. population will be benefited with piped water supply. 10. Will the project directly or indirectly affect Indigenous Peoples' traditional socio-cultural and belief practices? (e.g. child-rearing, health, education, arts, and governance) 11. Will the project affect the livelihood systems of Indigenous Peoples? (e.g., food production system, natural resource management, crafts and trade, employment status) 12. Will the project be in an area (land or territory) occupied, owned, or used by Indigenous Peoples, and/or claimed as ancestral domain? C. Identification of Special Requirements Will the project activities include: 13. Commercial development of the cultural resources and knowledge of Indigenous Peoples? 14. Physical displacement from traditional or customary lands? 10

24 KEY CONCERNS (Please provide elaborations on the Remarks column) YES NO NOT KNOWN Remarks 15. Commercial development of natural resources (such as minerals, hydrocarbons, forests, water, hunting or fishing grounds) within customary lands under use that would impact the livelihoods or the cultural, ceremonial, spiritual uses that define the identity and community of Indigenous Peoples? 16. Establishing legal recognition of rights to lands and territories that are traditionally owned or customarily used, occupied or claimed by indigenous peoples? 17. Acquisition of lands that are traditionally owned or customarily used, occupied or claimed by indigenous peoples? E. Involuntary Resettlement and Indigenous People Impact 2. After reviewing the answers above, EA/ Safeguard Team confirms that the proposed subsection/ section/ subproject/component (tick as appropriate): [Y ] Has Indigenous People (IP) positive impact, an indigenous people plan (IPP) (or specific IP action plan) is required [] Has No IP impact, no IPP/specific action plan is required. Prepared By: MaRS Verified by: Signature: Name: Jay Mehta Position: Project coordinator Date: Signature: Name: Position: Date: 11

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