Livestock Waste Management in East Asia Project Ethnic Minority Development Plan for KOS Farm

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1 Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Livestock Waste Management in East Asia Project Ethnic Minority Development Plan for KOS Farm 1. Introduction Page 1 Livestock Waste Management in East Asia Project addresses one of the most significant and rapidly growing causes of land-based pollution in the South China Sea and the Gulf of Thailand environmentally unsustainable industrial-scale livestock production. The overall objectives of the project is to reduce the negative local and global environmental impacts of rapidly increasing livestock production in selected demonstration areas in China, Thailand, and Vietnam. Specifically, the proposed project and its replication aims to reduce land-based pollution from livestock production in Thailand and, consequently, in the international waterways. This project consists of four components: Component 1: Livestock Waste Management Technology Demonstration; Component 2: Policy and Replication Strategy Development; Component 3: Project Management and Monitoring; and Component 4: Regional Support Services. The objective of the first component is to improve livestock waste management technology demonstrations in livestock farming of different size, including the establishment of improved quality of surrounding agricultural land. The second component should lead to the development and implementation of policies for both livestock production and waste management with strengthened and better-enforced regulations, more effective institutions and financial incentives. The third component would result in efficient project management and effective monitoring of political/institutional and environmental changes brought about by the project. The last component would be the supportive organization and develop decision support tools such as GIS, Cost of Compliance Simulation Model (CoSiMo) and Nu-Flux Model then unifying these three countries parts as one project. According to Strategy for Ethnic Minority Development Report by DLD submitted to the Bank on 12 October 2004, it is necessary to develop ethnic minority development plans (EMDP) as a Safe Guard measurement if impact causes were triggering. KOS farm is one of the pig farms in Ratchaburi Province that participates in the demonstration farm program in Component 1 of the project. The wastewater treatment system will be constructed in this farm. 2. Legal Framework E1187 v5 The current Constitution B.E (2007), Section 30 states that there would be no discrimination or prevention of cultural socialization to maintain the identity of ethnic minorities especially the hill tribes. Article 3 in Section 30 pertains to all Thai citizens rights of and freedom from discrimination from living according to the culture of each ethnic minority group.

2 Page 2 Every individual is equal in the eye of the law and is equally protected by law. Both men and women have equal rights. Unjust discrimination against individuals because of the difference in original place of birth, ethnicity, language, sex, age, physical or health condition, individual status, socioeconomic status, religious belief, education, or political thoughts, which are not against the Acts in the Constitution, cannot be done. The Section enacted to alleviate obstacles or promote individuals right and freedom at the same par with others is not considered unjust discrimination (Article 3). Section 42 of the Constitution on land appropriation by the government, states that it cannot be done without the authority of a specific Act for the purpose of public use, out of the necessities such as to promote and protect the quality of the environment, to develop agriculture for industry. The land return must be fairly compensated within timely period to the owner including those who are negatively impacted by the land appropriation by the government. To set the compensation in a just manner, the factors to be considered are the normal selling prices, condition and situation of the immovable properties and the lost of those whose land must be returned. The law on land return must clearly specify the purpose and the period of use of the immovable properties. According to Section 66, pertaining to community s right, individuals who make up an ethnic community have the right to conserve their culture, traditions, traditional knowledge, local art and culture and to participate in the conservation and use of the environment in the balanced and sustainable ways. Working of Aliens Act, B.E (2008) that covered the working regulation, registration and permitted fee for alien worker. 3. Baseline Information In Thailand, there have been flows of immigrants mainly of mainland China for over three hundred years. The gradual assimilation makes it difficult to differentiate the ethnic Thai and ethnic Chinese Thai, who engage mainly in the business sector, and have gained high economic status in the Thai society. Currently, the Thai comprise 75 percent, the Chinese 14 percent and other EMPs 11 percent of the total population of Thailand. Other EMPs mainly include the Laotian in Northeast Thailand and the Vietnamese in a few provinces in the Northeast. In the upland hilly borders in Northern Thailand, there are hill tribe minorities, including the Karens, Lawas, Lahus, Akhas, Lisu, Hmong, Mien, Khamus and the Phi Thong Luang. 1 The Royal Thai Government (RTG) is concerned about their movement across borders and the related issue of citizenship. Ratchaburi Province there are eight ethic minority groups. They are: 1 Thai Pueng Tin; 2 Thai Chine; 3 Thai Yuan; 4. Thai Mon; 5 Thai Khmer Lao Derm; 6 Thai Lao Viane; 7 Thai

3 Page 3 Karen; and 8 Thai Song Dum. 2. All these groups have been settled in Thailand for so long that they have attained Thai citizenship and are under the Thai Constitution. According to information collected from local authorities the following Ethnic Minority People (EMP) are located in the two demonstration sites selected during the project preparation phase: Province District (Ampur) Sub-District (Tambon) Ethnic Minority Ethnic Minority Average Annual Income (Baht) Income Sources Ratchaburi Pak Tho Pak Tho - Wang Manow - Wan Dao - 50,000 (USD 1,250) 50,000(USD 1,250) 50,000 (USD 1,250) Paddy farming and horticulture(coconuts & mangoes) Don Sai Thai Khmer Lao Derm 50,000(USD 1,250) Huay Yang Tone Thai Song Dum 50,000 (USD 1,250) Glutinous and nonglutinous paddy farming, subsistence capture fishery, vegetable gardening From the studying the EMPs located in the project sub-districts in Ratchaburi Province have rights in accordance to Section 30 of the Constitution and there are no impacts from the Project. In the other hand, some alien workers that existed in demonstrated farm are triggering the safe guard measurement causes to be developed this Ethnic Minority Development Plan. It is only KOS farm from two demonstrated sites (KOS in Ratchaburi Province and Sa-ard Farm in Chonburi Province) in the first year program that has alien workers, the total number is 27 workers.(see Annex 1 for Ethnic Minority name list) KOS Farm is a large pig farm, located at 134 Moo 5 Tambon Wangmanaw, Ampur Paktoh Ratchaburi Province. Farm owner is Mr. Puttipong Kositkittiwanit. This farm is surrounding with the paddy field and space land. Total farm area is 100 rai (1 rai equal to 1,600 square meter). There are 18 pens or feeding housing with number of pigs as follows; 20 boars, 1,200 sows, large fattening pigs 4,500 units, medium fattening pigs is about 2,500 units, weanling pigs is about 2,000 units and piglet is about 1,000 units. There are 26 aliens work in this farm.

4 Page 4 4. Land Tenure and Land Ownership Information KOS farm land area is about 100 rai (1 rai equal to 1,600 square meter) and belong to Mr.Puttipong (owner) with legal registration according to Thai Law. The ethnic minority people who stay in this farms are workers who work in KOS farm with their own intention. 5. Local Participation PMO had visited to KOS farm and arranged a meeting with some representative from the workers. Discussion included their general working and living conditions, their problems and difficulties in working in this farm. (see Annex 2 for Consultation Minute) 6. Content of Ethnic Minority Development Plan 6.1 The Implementation Objectives for EMDP To prevent discrimination, assist and create better living welfare for the ethnic minorities in the project areas. 6.2 Beneficiaries The alien workers in Project area. The total amount and details are as below: Ethnic Minority Male Female Child Karen (0.2, 6 years old) Mon (4.5 years old) Sub-total Contents of the Activities Total 27 Living Welfare Data as of 15/2/09* Farm owner provides dormitory with tab water and electricity for free of charge Keep monitoring for labor cost not less than Working of Aliens Act states, at present announce for 156 Baht per day (receiving

5 Page 5 5,000 Baht per month equal to 178 Baht per day calculate at 28 working days). Photo Shown Two Dormitory Buildings for Ethnic Minority Worker to Stay Photo Shown Room Inside Conditions

6 Page 6 Photo Shown Water Supply for Ethnic Minority Workers Recreation Supply 2 televisions for 2 building. Play ground level adjustment for sporting and provides sport equipments such as Ta-Kraw, Paton, Volleyballs and Basketball. Annual Party on New Year Festival, provides food and drink for free Photo Shown Living Atmosphere for KOS Ethnic Minority Workers

7 Page 7 Photo Shown Sport Area nearby Dormitory Education 7. Institutional Arrangement Farm owner will provide as the follows; Work permit arrangement Opportunity education for children that were born in Thailand (12 years government subsidy follows by Thai current Constitution). Salary for the ethnic minority worker who work in KOS farm that not less than Working of Aliens Act Accommodations for all ethnic minority workers as appropriate Access to clean water supply and electricity Recreation area such as play ground or sport Education support to the ethnic minority children PMO will visit to the site and discuss with the ethnic minority worker periodically Individual consultant will monitor and evaluate at site to observe the worker working and living conditions annually basic.

8 Page 8 8. Implementation, Monitoring and Evaluation Schedule Activity Time Period Action by Farm Survey and Workers Observations January 2009 PMO Local Participation February 2009 PMO Wastewater Treatment System Construction February 2009 Farm Owner Monitoring and Evaluation April 2010 Individual Consultant 9. Cost and Financial Plan Items Cost (THB) Total Cost (THB) Total Cost (USD) Dorm 1,000 x 26 paxs 26, Water and Electricity 100 x 26 paxs 2, Television 4,000 x 3 pieces 12, Satellite Plate 5,000 x 1 piece 5, Play Ground Adjustment 5,000 5, Sport equipment 2,000 2, Annual Party 300 x 26 paxs 7, Education Government Subsidy - -

9 Page 9 Grand Total 60,400 1, Calculate at 35 Baht/USD* The expenditures excluding children*

10 Page 10 Annex 1 Ethnic Minority Worker Name List in KOS Farm No. Name Gender Age (year) Race 1 Mr. Moejae M 37 Karen Mujacha (Mr.Moejae daughter) F 0.2 Karen 2 Mr. Kerjae M 20 Karen 3 Ms. Noich F 20 Karen 4 Mr. Nai M 32 Karen 5 Mr. Totosho M 30 Karen 6 Ms. Or F 35 Karen 7 Mr. Teve M 20 Karen 8 Ms. Payaye F 20 Karen 9 Ms. Wamuang F 24 Karen 10 Mr. Morjae M 37 Karen 11 Ms. Jemor F 20 Karen 12 Ms. Mata-u F 29 Karen 13 Mr. Santicho M 37 Karen Watita (Matau+Santicho daughter) F 6 Karen 14 Ms. Matue-la F 32 Karen 15 Mr. Santoh M 31 Karen 16 Mr. Mungsa-u M 30 Karen 17 Mr. Mongteng-ang M 27 Karen 18 Ms. Matin-ye F 35 Mon 19 Mr. Mi-ar M 40 Mon 20 Mr. Somaron M 16 Mon

11 Page Mr. Mon M 25 Mon 22 Ms. Mu F 27 Mon 23 Mr. Nai M 25 Mon 24 Mr. Lue M 20 Mon 25 Ms. Yuk F 25 Mon 26 Mr. Win M 25 Mon Min-Min (Yuk+Win Son) M 4.5 Mon 27 Mr. Len-u M 17 Mon

12 Page 12 Annex 2 Minute Local Consultation Photo shown consultation participation between PMO and KOS Ethnic Minority Workers

13 Livestock Waste Management In East Asia Project Thailand Minute of Consultation Participation MOM-KOS-004 Project Name : Livestock Waste Management in East Asia Project, Thailand (LWMEA) Issue : Ethnic Minority Workers in KOS Farm Consultation Venue: KOS Farm Date: 25 th February 2009 Time: AM Participant: 1. Dr. Sommai Chatsanguthai, PMO, Waste Management Specialist 2. Mr. Chairat Worasri, PMO 3. Ms. Panita Nualpong, PMO 4. Ms. Mata-U, KOS Karen Worker 5. Ms. Matue-La, KOS KarenWorker 6. Mr. Mungsa-U, KOS Karen Worker 7. Mr. Santicho, KOS Karen Worker 8. Mr. Mongteng-Ang, Karen KOS Worker 9. Ms. Matin-Ye, KOS Mon Worker 10. Mr. Santoh, KOS Karen Worker Meeting : 1. PMO explained the purpose of this meeting to all participation ( to identify their working and living conditions in the farm) 2. PMO asked everyone for their family life and working duty in the farms to make familiar 3. PMO asked for the following questions 3.1 How about accommodations? Ms. Mata-U informed that there are two dormitories with total 14 rooms are provided to all workers with free of charge. Toilet and Bath room are separately provided with enough use 3.2 What facility are provided by farm owner? Mr. Santicho said that water supply and electricity are provided for free. Almost family have their own television, electric fan and refrigerator. 3.3 Any activity or recreation in the farm? Ms. Mata-u told that owner provided some sport facility such as football, volleyball and Takrow for common use. Play ground also was arranged nearby their dormitory. Football game is usually play in every evening. Common televisions also provided in each dormitory. Besides that farm owner will arrange a new year party for every year. 3.4 How about the working license? Ms. Matin-Ye said that everyone got the work permit by registration at the provincial office. 3.5 Do the children go to school? Ms. Mata-U said that her daughter just only 6 years old but she had joined the preprimary school program at Wat Khao Than (located near KOS farm) and she can enter the primary school program in next two years. Her family are very happy. Project funded by Global Environment Facility (GEF) and Japan Policy & Human Resources Development Fund (PHRD)

14 Livestock Waste Management In East Asia Project Thailand 3.6 How about the medical treatment? Ms. Tatue-La said that if the case is not so serious, they can find some medicine in farm but if they want to see a doctor. Farm will arrange to that with 30 bath policy. 4. PMO informed that other consultant may come to see them again in next future to ask for their living and working conditions and please feel free to inform 5. Mr. Santicho confirmed that they are happy to work here and no any problems 6. Meeting ended at 11.30PM Recorded by Approved by Dr. Sommai Chatsanguthai Dr.Arux Chaiyakul Project funded by Global Environment Facility (GEF) and Japan Policy & Human Resources Development Fund (PHRD)

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