Ethnic Minority Plan Report

Transcription

1 Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Vietnam: Ministry Of Industry And Trade The World Bank Vietnam: Renewable Energy Development Project Credit No VN Report for Nam Tha 5 Hydropower Project Nam Tha Commune, Van Ban District, Lao Cai Province Submitted by: Phuc Khanh Energy Development and Construction Investment Corporation. Lao Cai Province August, 2010

2 Preface The Government of Vietnam and the World Bank prepared the Vietnam Renewable Energy Development Project (REDP). The objective of the proposed project is to increase the supply of electricity to the national grid from renewable energy sources on a commercially, environmentally and socially sustainable basis. The Investment Project Implementation component will provide (i) a refinancing facility to participating commercial banks for loans to eligible renewables-based projects below 30MW developed by private sponsors, and (ii) technical assistance for building the capacity of participating banks and subproject developers to prepare, appraise, finance, and implement renewablesbased projects according to international best practices. Previous in-country experience in developing renewable energy projects, especially small hydropower plants shows that these projects cause some change in land use and impact the lives of people living in the project areas. These sub-projects are also likely to be located in hilly areas where, in Vietnam, ethnic minorities live. Hence, all the subprojects are required to prepare Resettlement Plans (RP) and if there are ethnic minority people present in the project area, to prepare s (EP). The RP and EP will have to be in full compliance with relevant Vietnamese Laws and regulations as well as the project RFP and EMPF. This report is prepared for the proposed Nam Tha 5 Mini Hydropower Sub-project in Nam Tha Commune, Van Ban District, Lao Cai Province. Contact: Nam Tha 5 Hydropower Project Nam Tha Commune, Van Ban District Lao Cai Province, Viet Nam i

3 Table of Contents Executive Summary 1. INTRODUCTION Renewable Energy Development Project The Nam Tha 5 Hydropower Sub-Project The Principles and Objectives 6 2. LEGAL FRAMEWORK Vietnamese Legal Framework The Worldbank s Policy on Indigenous People 8 3. BASELINE INFORMATION Project Mapping Social Assessment Consultation and Participation ETHIC MINORITY DEVELOPMENT PLAN Proposed Activities Implementation Plan INSTITUTIONAL ARRANGMENT IMPLEMENTATION SCHEDULE GRIEVANCE REDRESS MONITORING AND EVALUATION COST AND BUDGET Capital Source Cost Estimation 22 i

4 Table of Figures Table 1: Proposed Activities 16 Table 2: Implementation Plan 19 Table 3: Estimate Cost 22 Abbreviations AU CEM DP EM EMPF EP GOV IDA Kv MOIT PB PMB PPC REDP WB Administration Unit Committee for Ethnic Minorities Displaced People Ethnic Minority ning Framework Government of Vietnam International Development Association Kilovolt Ministry of Industry and Trade Participating Bank Project Management Board Provincial People s Committee Renewable Energy Development Project World Bank ii

5 Definition of Terms Indigenous Peoples Social Assessment Vulnerable The term Indigenous Peoples is used in a generic sense to refer to a distinct, vulnerable, social and cultural group possessing the following characteristics in varying degrees: a) self-identification as members of a distinct indigenous cultural group and recognition of this identity by others; b) collective attachment to geographically distinct habitats or ancestral territories in the project area and to the natural resources in these habitats and territories; c) customary cultural, economic, social, or political institutions that are separate from those of the dominant society and culture; and d) an indigenous language, often different from the official language of the country or region. is the main instrument to ensure adequate treatment of social dimensions in project operations. Social assessment relies on social analysis to understand key social issues and risks, and to determine social impacts on different stakeholders. Social assessment relies on participation to determine the needs and priorities of key stakeholders and to obtain their views on the design of the proposed supported intervention. Means individuals or distinct groups of people who might suffer disproportionately or face the risk of being further marginalized by the effects of land and property recovery or resettlement and specifically includes: (i) female headed households with dependents, (ii) disabled individuals (iii) households with disabled persons, (iv) households falling under the current MOLISA benchmark poverty line, (v) children and elderly households who are landless and with no other means of support, (vi) landless households, (vii) ethnic minorities. iii

6 Executive Summary The Government of Vietnam and the World Bank prepared the Vietnam Renewable Energy Development Project (REDP). The objective of the proposed project is to increase the supply of electricity to the national grid from renewable energy sources on a commercially, environmentally and socially sustainable basis. By screening, there are no ethnic minority groups directly affected by the subproject, but there might be some potentially marginally indirectly impacts to ethnic households due to the subproject implementation, so this (EP) is prepared compliantly for Nam Tha 5 Sub-Project, which will consist of legal framework, baseline information, social assessment, proposed development assistances, institutional arrangement, implementation schedule, monitoring and cost estimation... There are 07 villages in the Nam Tha communes, of which 02 center villages of Khe Coc and Khe Tao, remaining distant 05 villages of Vang Mau, Khe Pan, Khe Vai, Phuong Cong and Khe La. The communal population is 2,446 people in total, in which 1,224 male and 1,222 female. Among the population, there are 03 ethnics inclusive of 30.5% Mong, 65.7% Dao and 3.8% Kinh people. Their common occupations are agriculture production and forestry development (about 70%), and certain case of small business as household commodities. Average income is about VND 180,000 per captia per month, with approximately 60.5% poor household (as in line with MOLISA standard). During the ethnic minority plan preparation, the local population has been participated in free, prior, and informed consultations, then development assistances were discussed and provided with as (i) Training and Employment; (ii) School Improvement. Total estimated cost for proposed development assistances is VND 158 million, which includes development assistances, administrative management and contingency. iv

7 1. INTRODUCTION 1.1 Renewable Energy Development Project The promotion of renewable energy sources is an important policy objective. The Electricity Law requires support to be provided to electricity generation from renewable sources in the forms of investment incentives, preferential electricity prices and preferential taxes. The Government of Vietnam (GOV) has adopted a Renewable Energy Plan (REAP) for the country, jointly developed by EVN and the Ministry of Industry and Trade (MOIT), that provides a framework for international assistance to scale up renewable electricity development in Vietnam. MOIT has taken responsibility for coordinating of REAP s implementation. As an important part of REAP, MoIT wishes to develop a Renewable Energy Small Power Producer (RESPP) program that aims to encourage the development of costeffective renewable energy principally by the private sector, cooperatives and other non-governmental entities. The World Bank has indicated that it is willing to consider a lending programme for RESPPs that would provide loans of longer-term tenor than are presently available in the Vietnamese domestic banking system. The project will have three components: (1) the investment project implementation component, (2) the regulatory development component, and (3) the pipeline development component. Five subprojects selected for the first year implementation are located in Lao Cai and Yen Bai provinces of the Northern Mountainous Region and in Lam Dong and Gia Lai province of the Central Highland. Except for the subprojects selected upfront, all renewable energy subprojects will be identified during implementation. Majority of the subprojects would be small hydro power plants which are typically located in hilly or mountainous areas in the Northern and Central regions. Biomass subprojects would be located in the Southern delta areas while wind subprojects are likely situated in Central coastal areas. The Nam Tha 5 Hydropower Subproject Lao Cai province is now under selection following these criteria. 1.2 The Nam Tha 5 Hydropower Sub-Project The Nam Tha 5 Mini Hydropower Subproject with power capacity of 11.5 MW and annual provision of million KWh to national power network, is located on the Nam Tha stream that rises from hilly area of Hoang Lien Son Mountain with the height of 2,000 to 3,000 m, directing to south west direction and to Ngoi Hut stream. Due to the stream of high slope and plentiful of water, hydraulic power in the Nam Tha catchments-area is remarkably potential. The Nam Tha 5 mini hydropower subproject the principal work located in middle of a valley. The plant is about 1,8km form the principal work, to the stream wise, in Nam Tha Commune, Van Ban district, Lao Cai province. 5

8 The Nam Tha 5 hydropower subproject plays an importance role to strict develop hydraulic power potentiality in the mountainous area, and partially contributes to electricity supply for the local area s socioeconomic development. Besides that, the subproject also creates favourable condition to improve local population s livelihood, to upgrade environmental condition, to supply water for household use and for irrigation in dry season, to develop the ecological tourism in the region. The subproject comprises three (03) main components (i) main dam, spillway, intake; (ii) canal, pressure tower and (iii) pressure pipeline, plant. The reservoir s water flow to pressure tower though canal and pressure pipeline to the plant, then release to Nam Tha stream. The EMPF conforms to the OP 4.10 on Indigenous Peoples has been prepared since April 2008, ensuring that the subproject development will be fully respective to the dignity, human rights, economies, and culture of affected ethnic minority peoples. The subproject developer will demonstrate that they have obtained broad community support for the subproject through a process of free, prior, and informed consultations with the affected ethnic minority communities. In this regard, the EP will also (a) ensure that the ethnic minority peoples receive social and economic benefits that are culturally appropriate; (b) avoid potentially adverse effects on the ethnic minority communities; and (c) when such adverse impacts cannot be avoided, minimize, mitigate, or compensate for such effects 1.3 The Principles and Objectives The Nam Tha 5 Subproject s is prepared basing on the following key principles: (i) Ethnic minorities are encouraged to participate in all project activities and they will benefit from the project in a way which is culturally appropriate; (ii) Adverse impacts on ethnic minority communities, as distinct and vulnerable groups, should be avoided or minimized by exploring all viable options; (iii) Preparation of EP (as part of project preparation) and its implementation is to be carried out with participation and consultation of ethnic minority people; and (iv) Implementation schedule and budget for EP (including participatory mechanisms and surveys) and implementation must be incorporated into each project. Although, there is no ethnic minority people affected by the subproject, the EP are also prepared with objectives of (i) Local people are consulted adequately and participated in all important decisions; (ii) Risks of adverse impacts due to the subproject are mitigated where ever possible and (iii) Positive impacts are realized and strengthened, in a way that fits to culture of the ethnic people in the subproject area. This EP shall comply with stipulations under the World Bank OP/BP4.10: Indigenous People as well as approved ning Framework. The EP is to ensure that ethnic people are informed, consulted, and encouraged to participate in designing and implementing of the subproject, to make them aware about potential risks and measures to mitigate the impacts proposed with their participation. 6

9 2. LEGAL FRAMEWORK 2.1 Vietnamese Legal Framework The is prepared in accordance with the Ethnic Minority Planning Framework that was approved by MOIT for the Renewable Energy Development Project. Some policies of Vietnamese Government applied in this EP are defined and listed as follows: The Constitution of the Social Republic of Vietnam, April 15, 1992 Resolution No.22/NQ-TW of Political Bureau of the Party Central Committee dated 11 th November, 2003 about some socio-economic development policies in dated mountainous areas. Resolution No.24/NQ-TW of the Party's Central Committee of the IX th tenure dated 12 th March, 2003 regarding the issues of ethnic minorities. Decree No.60/2008/ND-CP of the Government dated 9th May, 2008 prescribing the functions, tasks, powers and organization structure of the Committee for Ethnic Minorities. Decree No. 59/1998/ND-CP of the Government dated 13rd August, 1998 prescribing the functions, tasks, powers and organization structure of the Committee for Nationalities. The resolution of the National Assembly of Vietnam dated 7 July 1993 on "the Regulations for Ethnic Committee" Directive No.393/TTg of the Prime Minister dated 1 oth June, 1996 regarding the planning of residence, infrastructure and production in ethnic minority and mountainous areas Decree No.525/TTg of the Prime Minister dated 02 November, 1993 regarding the policy of further socio-economic development in mountainous areas Decision No.53/20071QD-UBND of Provincial People Committee of Lao Cai dated 8 August, 2007 on the lending policy to support poor households in scale of Lao Cai province. The Communist Party of Vietnam is always interested in the ethnic minorities in Vietnam. Soon after being liberated and escaped from the domination of French colonialism in 1955, the first legal document on ethnic minorities, which is the Ordinance 29th April, The article 6 of this Ordinance stipulated No.229-SL was issued on "The ethnic minorities have free right to develop language and writing for themselves, to preserve and to improve their custom and practice, to choose religion and receive the supports from the Government of Vietnam for all sectors of politics, economic, culture and society". 7

10 The equal right of each citizen has been stipulated at the article 5 of the Constitution of the Social Republic of Vietnam, The State of Vietnam always implements the policy of harmonization among ethnic groups, the policy of equality, solidarity, inter-supports each other among ethnic groups and forbids any action of discrimination among ethnic groups. "The ethnic groups have right to develop language and writing, to preserve and to improve their good custom, practice and cultural tradition. The State implements policy of all round development, step by step improves living standard for ethnic minorities" Recently, the Government of Vietnam has been developing some programmes such as 327, 134 and 135 and others and issuing many social policies to boost growth and development for ethnic minorities in mountainous areas. Therefore, the political and social position of the ethnic minorities in Vietnam is always higher than those in other countries. Many benefits from the Government's policy have been provided, such as subsidization of cooking oil, petroleum and salt. Many projects and programmes for ethnic groups have been developed by the Government, international donors and NGOs. Total investment capital for mountainous area in general and ethnic minorities in particular is high and catches up with this rate for the delta. The Government has issued the resettlement policy for ethnic minorities in order to decrease the relocation of ethnic groups since One of the most important legal documents for ethnic groups is the Ordinance No. 525/TTg of the Prime Minister dated 2th November, 1993 regarding the policy of further socio-economic development in mountainous areas, including: (i) developing infrastructure system, especially the transportation system and supply of fresh water; (ii) step by step strengthening food security (iii) consolidating the education system, correcting the education program in accordance with the characteristics of provinces, creating favorable conditions for the informal education program and the economic development of the locality. 2.2 The Worldbank s Policy on Indigenous People The objective of the Bank's policy on Indigenous People, OP 4.10 is to ensure that development process fosters full respect for their dignity, human rights, and culture uniqueness. More particularly the central objective of the policy is to ensure that indigenous peoples do not suffer adverse effects during the development process, and that they receive benefits which are culturally appropriate to them. The strategy to meet the objectives of the Bank's policy in addressing the issues pertaining to indigenous peoples must be based on their free, prior and informed participation of the indigenous people themselves, which requires identifying local preferences through direct consultation. Indigenous people are commonly among the poorest segments of a population. They engage in economic activities that range from shifting agriculture to wage labor or small-scale market-oriented activities. The definition of Indigenous 8

11 Peoples used by World Bank is very similar to the Government of Vietnam" definition of Ethnic Minorities Any project proposed for the World Bank financing that have a significant effect on ethnic minorities are required to follow the following steps: A screening to identify whether ethnic minorities are present in or have collective attachment to the project area; If ethnic minorities are present, a social assessment will be prepared to determine the project's potential positive and adverse impacts, and to examine if modification of the project design can minimize any adverse impacts and enhance positive benefits; A process of free, prior and informed consultation with the effected ethnic minority communities in order to identify their views and to ascertain whether there is broad community support for the project; If the free, prior and informed consultation concludes that ethnic minority communities broadly support the project, (EP) will be prepared in, an consultation with the communities, outlining the benefits that they will receive from the project and how any adverse impacts have been minimized or mitigated; and Disclosure of the plan To ensure that ethnic minority groups are included in appropriate ways in the development process the policy requires the preparation of an Indigenous Peoples Plan (IPP). Although the policy talks about Indigenous People, all ethnic minority groups (with the exception of Hoa/Chinese) in Vietnam are considered indigenous; therefore the IPP process is referred to as the EP process in Vietnam. One can see, the policy of Indigenous People used by World Bank is generally similar to the Government of Vietnam's policy of Ethnic Minorities. In other words, there are no remarkable differences in term of requirements concerning the development activities to be conducted in area that ethnic people live in. 9

12 3. BASELINE INFORMATION 3.1 Project Mapping The Nam Tha 5 Hydro Sub-project is located as in the map below (master layout): There are 07 villages with 383 households in Nam Tha Commune, Van Ban District, Lao Cai province will be indirectly, partially impacted by subproject, who are mostly H Mong and Dao people. Hence, baseline information and planned activities to support EM development will be focused on the area. H Mong Ethnic Minority Name of Ethnic Group: Mong, H'Mong (Mong Do (White Mong), Mong Lenh (Variety Mong), Mong Si (Red Mong), Mong Du (Black Mong) and Mong Sua (Man Mong)). Population: More than 558,000 people. Locality: The H'Mong are concentrated in the highland regions in the provinces of Ha Giang, Tuyen Quang, Lao Cai, Yen Bai, Lai Chau, Son La, Lao Cai, Lao Cai and Nghe An. Customs and Habits: Each lineage lives within a group setting. The head of the village assumes the common affairs for the lineage. Young H'Mong men and women are free to choose their partners. Marriages are absolutely forbidden between men and women of the same lineage. Matrimonial life of the H'Mong is very harmonious and divorce is very rare. 10

13 Culture: Mong language belongs to the H'Mong-Dao Group. The Traditional Tet (New Year's Day) of the H'Mong is organized every December. They refrain from eating green vegetables during the three days of the Tet Holiday. The musical instruments of the H'Mong include various kinds of "khen" (pan-pipes) and lip organs. After a hard working day and to celebrate spring, the young men and women often play "khen" and lip organs to express their feelings for their partners Costumes: The H'Mong make their clothes from linen. Women's attire consists of a skirt, a blouse that opens at the front and has embroidery on the back, an apron to cover the skirt at the front, and leggings. Economy: The H'Mong live mainly on slash-and-burn cultivation. They also grow rice and corn on terraced fields. Their principal food plants are corn, rice, and rye. Apart from these crops, they also grow medicinal plants and linen plants to supply the fibers for cloth weaving Dao Ethnic Minority Name of Ethnic Group: Man, Dong, Trai, Diu Mien, Kim Mien, Lu Gang, Lan Ten, Dai Ban, Tieu Ban, Coc Ngang, Coc Mun and Son Ðau). Languages: H Mong - Dao Population: Over people. Locality: in bordering areas of Vietnam and China, Vietnam and Lao, other Northern hilly and coastal areas. Customs and Habits: summary of their customs are (i) their worship are to Ban Ho, (ii) their class and generations are identified by mid-name; (iii) their funeral ceremony are as traditional way, (iv) crematorium are used for up to 12 years old people and (v) staying with wife s family permanently are main characteristic from the Dao Culture: the writing language is from those of Chinese, but changed to the Dao, just call Chinese Dao language. Costumes: The Dao s man is wearing the Dao costumes, while women's attire consists of a colorful skirt with traditional decorative with head covering Economy: The Dao live mainly on slash-and-burn cultivation with principal food plants of corn, rice, and rye. Their hand crafts are cloth weaving, forge, wood, paper and oil. 3.2 Social Assessment The Nam Tha 5 Hydropower Subproject is located in Nam Tha commune (to the South of Lao Cai and close to Yen Bai province), Van Ban district, Lao Cai Province. A baseline description of the communities in the area is shown as below: Demographic: there are 07 villages in the Nam Tha communes, of which 02 center villages of Khe Coc and Khe Tao, remaining distant 05 villages of Vang Mau, Khe Pan, Khe Vai, Phuong Cong and Khe La. The communal population is 2,446 people in total, in which 1,224 male and 1,222 female. The population growth rate 11

14 is 0.2%, which its population will not changeable in near future. Among the population, there are 03 ethnics inclusive of 30.5% Mong, 65.7% Dao and 3.8% Kinh people. The local people speak Kinh language normally in public areas such as market, communal office and school. They also speak languages of Mong, Dao at home, or even in village/commune meeting, but rarely. Currently, about 80% local people (EM) can speak and write the Kinh language and they are all living together equally. Occupation and Income: their common occupations are agriculture production and forestry development (about 70%), and certain case of small business as household commodities. Average income is about VND per captia per month, with approximately 60.5% poor household (as in line with MOLISA standard). The better off households are 39.5% who all living in center area. Land Tenure: all the land acquired by the subproject are public land (forest land) managed by Nam Tha Commune People Committee. Culture and Religion: They have their own typical tradition, especially New Year festival according to lunar calendar (the public holiday of Vietnam), Rice Season Launching festival, Flirting festival. When someone in a household is sick, they put a branch with green leaves in front door to indicate their unwillingness to have any guest/visitors. Dao people in this area usually visit their relatives in other communities. Both male and female can go outside alone, they are treated equally like Kinh group in terms of Dao people in this farming and home affair, both male and female can go to school, Dao people in this community can get married to people in other communities. The funeral and the god worship are the importantly cultural characteristic of ethnic Dao. Therefore, the magicians (considered as the informal leader in Dao ethnic community) play very important role in the commune. The ethnic Dao believes that the magicians can pray the god to give them the luck and health. The magicians play very important role. Their works are highly valued in funerals, cure of disease, moving graves etc. In addition, there is no major difference in the form of community organization as compared to the Kinh's. Farmer association gets to learn farming skills and then propagate to the farmers in the village. Women union, youth union do play important role in propagation of family planning, encouraging the households to send their children to the school for study, and go to doctors for medical treatment. The clothes of ethnic Dao is very colorful, especially in the wedding. The most populated color is red. The characteristic of their clothes that differ from other ethnic is headscarf. Gender issue: At the moment, the ethnic Dao is remaining the custom: living at the house of wife after marriage that may be on permanent or temporary basis. There are often 2 or 3 generations living in a house. The husband plays a most important role in the family; the wife does the farming and housework. In most of Dao's 12

15 households, husband is the one who has power and decisive voice in handling family matters. Land ownership in consideration of Dao people in this area is household based, and not discriminated by gender. Institutional Arrangement: About the institutional arrangement in the ethnic Dao community, the most important power is owned by the head of village (the formal leader). Other formal leaders such as the chairwoman of Women's Union, Farmer Association, or Youth Union also play an important role in the community. The informal leader of ethnic Dao in the community is only the magician. However, he has important power in worship or funeral only. Social and Technical Infrastructures (Electricity) electricity network, pico 1, kerosene are popularly used in Nam Tha commune for lighting, commonly woods for burning and warming. Nearly 10% of the households, mostly poor and betteroff households, use kerosene mainly for lighting and about 65% household use pico for lighting and operation of cassette, television. 3.3 Consultation and Participation According to EMPF, the ethnic community in project area strongly encouraged to participate in all phases of the project from design to completion. The Phuc Khanh Corp. has carried out many activities such as information dissemination, consultations since mid-2008 and June 2010 in Khe Pan village s community hall, Nam Tha communal office to encourage participation of local people in the EP preparation, including: Studying documents to identify the legal basis and issues related to ethnic people development in this area. Collecting statistic data such as demographic, occupation, income and their education level... Site visiting to get knowledge about the local culture and meanings of cultural locations in the area to screening the subproject s impacts. Encouraging the ethnic people to participate in making decisions on project planning, implementation, and evaluation. Holding village meetings with participation of communal officers, villagers, and ethnic households, mostly in Khe Pan Village (the area that the subproject is located in). In the meeting, issues and comments from participants: it is all agreed that the subproject has only minor impact on (i) forestry land presently managed by Nam Tha Commune PC and (ii) marginally and indirectly impacts to household due to their limitation to access water source and other potential impacts caused by the subproject construction. All household s comments and ideas was received, studied 1 A kind of super-small electric generator which is installed and operated by household level and its capacity is enough for using of lighting, cassette and television. 13

16 and replied fully. In fact, almost comments focussed on how to raise the proposed work s positive impacts and benefit to local population and intensifying their participation in all subproject phase that the technical engineer reviewed and updated in their report and design, which detail is provided that they: Agrees that all the land are acquired from forest land managed by Nam Tha PC and there is no land taken from individual/ household. Hopes that the subproject should be implemented soon for their better electricity use and economic development in the region. Are accepting to help contractor (s), in case there is any temporary impacts to household during construction time (mostly by construction material transportation, worker s camping...) Agree that they are willing to have their paid work during the subproject s construction implementation, and; Request that the Developer Phuc Khanh Corp. should assist local population in improving their local road, training workshop on electricity safety and if do, employing their working age EP to work in the subproject, even in the hydropower plant during operation time. 3.4 Measures to Minimize Adverse Impacts Positive Impacts (anticipations after the construction of the hydropower plant): As can be noted earlier, at present, ethnic people in subproject site are still using the un-sustainable home-made energy sources. Their main sources of energy are kerosene, pico and burning wood. The later (burning wood) is also not good in term of forest protection. After the completion of this subproject, hopefully 100% households from 07 villages in Nam Tha commune and outsiders will be supplied and connected to electricity network. The subproject s 1.8 km access road will be constructed that also make favorable condition to local population in their daily transportation and livelihood. Negative Impacts: It is sure that implementation of the subproject will bring a lot of benefits to the local population, but at the same time, there are also some negative impacts on people living nearby the proposed hydropower plant, by acquisition of forest land, deforestation, blowing off part of earth/stone (from mountains)..., in which: Land acquisition: forest land will be taken for the subproject implementation, inclusive of reservoir, dam, canal, plant, pipeline and pressure tower, of which acquired land are basically forest and stream-bed. Furthermore, the subproject s dam and reservoir are located in the separated area, so the reservoir s water level rising will not impact to agricultural production in the lower section. Blowing off part of earth/stone from nearby mountain, which is occurred in few highly sloped sections and its impact is not remarkable. 14

17 Besides that, there are other impacts such as electricity safety, worker s living condition during construction time which might be influenced to local area s culture, religion and/or customary manners. Measures to Minimize Adverse Impacts: significant measures to ensure that adverse impacts will be addressed in best manner will be provided as following: Raise the employees' awareness concerning strict abidance by the local manners and customs; Forest land acquisition has been consulted with local people who are all consensus to the subproject s implementation plan; Working with Nam Tha communal authority to register workers for their temporary residence in the locality; Carry out execution works in dry season to mitigate impacts on environment, soil and water; Priority shall be given to ethnic people and their children are given opportunity to get jobs in the construction sites in the project area. Necessary measures to prevent possible epidemic diseases (e.g. dysentery, malaria, etc.) shall be taken into account in consultation with local health care centre. Having plan to efficiently control and reduce vehicle traffic that all the transport and construction vehicles shall meet technical and safety standards required by the Registration Department. Moreover, suitable traffic sign and warning sign will present in the relevant areas of construction site to ensure operation safety. Developing an Information-Education-Communication program (IEC) for local ethnic people about power safety, social issues, health safety in the project areas. 15

18 4. ETHIC MINORITY DEVELOPMENT PLAN 4.1 Proposed Activities In addition to the mitigation measure presented above, some development assistances have been provided and will have been providing to ethnic community in the subproject area as follows: 1. Training and Employment: The Developer Phuc Khanh Corp. will carry out some specific training on: (i) Electric Safety: the 02 day training course will be implemented for EMs in locality with aims to raise awareness of electric safety to local people and basis knowledge of accessing to electricity. (ii) Agriculture Extension: 01 day training course will be carried out for women headed households to help them improve their agriculture productivity. (iii) Employment: priority in employment will be give to EMs that they can work for subproject and/or even for the hydropower plant during operation phase. In addition, the selected employees will be attended advanced training course on electric safety and working safety policy. 2. School Improvement: the developer have committed to improve the downgraded primary/secondary schools in Nam Tha commune to help local school children have better schooling condition. 3. Transportation Upgrade: 02 km access road from Khe Pun Village to the Nam Tha 5 Hydropower subproject and 3.7 km inter-commune Chieng Ken Nam Tha has been being constructed that also help local people in their daily transportation. The constructions have been made by Phuc Khanh Co,. with budget allocated from the subproject and Van Ban District s, therefore the works will not be mentioned in the estimate cost. 4.2 Implementation Plan The implementation plan for the above mentioned proposed activities is described in the Table 1below: Table 1: Proposed Activities No. Activities/Time Start Complete 1 Training Course Dec 2010 Dec Transportation Upgrade Feb 2009 Dec School Improvement Mar 2011 Mar

19 5. INSTITUTIONAL ARRANGMENT The main actors and their main roles related to safeguard management are as follows: Project Management Board (PMB) is a unit of the MOIT responsible for overall coordination and management of REDP on its behalf. PMB is also responsible for the technical assistance including capacity building for all project participants. The PMB has experience in implementing WB projects and is familiar with WB safeguard requirements. PMB is responsible for organizing relevant training programs for all project participants. PMB will also organize training on REDP safeguard requirements for national consultants, through which, a pool of trained consultants will be created for PBs and developers' reference and use. Administrative Unit (AU) is a unit of the PMB of the Ministry of Industry and Trade (MOIT) responsible for administration of the refinancing facility of the investment component of REDP, review of refinancing applications to make sure subprojects for which refinancing is requested meet all refinancing requirements and an oversight role in regard to subproject environmental and social commitments. The Administrative Unit will be set up within MOIT PMB before the project effectiveness. The AU will be supported by experienced social and environment specialists. The AU will hire consultants to carry out independent monitoring of RPs, EPs and EMPs implementation for all subprojects financed by the project. Participating Banks (PB) is responsible for providing subproject financing and to undertake a due diligence role to ensure subproject compliance to environmental, social commitments as part of loan agreement provisions. BIDV, having experience with WB procedure and with financing small hydro power projects, will develop its existing environment unit to take responsibility concerning the safeguard requirements under REDP. Other PBs, having less experience in these areas, will need more support and capacity building to carry out their responsibilities. Each PB will appoint at least one staff responsible for the safeguard issues, who will receive training to be offered as part of the project. PBs will use external consultants to provide technical advisory support to appraise the safeguard documents. Training will also provided to PBs staff at branch level on safeguard supervision and monitoring. Developers is responsible for design, construction and operation of renewable energy subprojects, including environmental and social assessment which is compliance and management of subproject impacts. They will be also responsible for preparation and implementation of the RP, EP and EMP in compliance with the safeguard frameworks requirements 17

20 Developers will rely on external consultants to prepare the safeguard documents and for resolving specific issues that may occur during implementation. As part of the project, technical assistance will be provided to subproject developers and their consultants to prepare and implement RPs, EPs and EMPs that is compliance with the Bank s requirements. Agency Responsible for External Monitoring One agency or institution, specialized in social sciences must be identified and engaged in order to carry out socioeconomic surveys, monitoring, and evaluation of RP implementation for the Project. The AU will sign contracts with the selected Monitoring Organization (MO). External monitoring cost will be shared between subprojects, based on scale of resettlement impacts, and volume of monitoring works has to be done for each subproject. They will submit periodic reports on the implementation process and make recommendations regarding the issues identified. 18

21 6. IMPLEMENTATION SCHEDULE During project preparation subproject developer was fully aware that it is necessary to build the good relationship and neighborhood with local ethnic community, therefore after consultation with commune leader and representative villages, all parties agreed on the development assistances that Phuc Khanh Corp. provide to the community. Some of the proposed activities actually done during the subproject preparation, some are being implemented and some will be carried out later after the approval of the EP. In fact the preparation of the EP has helped Phuc Khanh Corp. in systemizing what the subproject has done so far concerning ethnic minorities planning and additional measures to ensure that the proposed activities will be in compliance with EMPF. Table 2: Implementation Plan No Tasks Implementation Timetable A Activities during the Preparation 1 Subproject Preparation Developer June Screening Developer Aug Social Assessment and Consultation Developer May The EP Preparation Developer June The EP Approval (NoL) WB/ PPC August 2010 B C Activities during the Implementation Training Course Developer Dec 2010 Transportation Upgrade Developer Dec 2010 School Improvement Developer Mar 2011 External Monitoring Contracts awards and mobilizes IMO Periodic Monitoring AU Aug 2010 IMA Aug 2010 to Aug

22 7. GRIEVANCE REDRESS In the implementation phase of, all ethnic people in the project will have the right to lodge complaints as the following legal basis: Step 1: If the ethnic people in the project disagree with any issues in implementation of EP, they would submit the complaints to Nam Tha small hydropower PMU of Phuc Khanh Company. The Nam Tha small hydropower PMU will take responsibility to work closely with the relevant agencies to resolve a complaint within a time limit of 15 days. Step 2: In case, the agreement and conciliation are not obtained or the ethnic people in the project area don't receive any response within a time limit of 15 days as from the date of receipt of the complaint, the ethnic people in the project will have the right to appeal a further complaints with the DPC of Van Ban, where the complaints will be resolved within 1 month from the date of receipt of initial complaint. Step 3: When a complainant disagrees with the decision on resolution by the DPC or the Representative of Committee, or the CPC doesn't reply within 15 days, it shall have the right to appeal the further complaints to the Provincial People Step 4: Where a complainant disagrees with the decision on resolution of the complaint issued by the PPC or PPC doesn't reply within fixed term, it shall have the right to complain to the People's Court in accordance with the regulations of the law. All grievance dossiers and official letters of settlement will be kept at the office of Nam Tha 5 small hydropower subproject management board. The complaints are exempted from any administrative fee concerning the grievance and redress. 20

23 8. MONITORING AND EVALUATION The objective of the EP is to ensure that the subproject is benefiting ethnic minority communities, and that adverse impacts are avoided, and where unavoidable, mitigated and compensated. Internal Supervision The Nam Tha 5 PMB will record the findings of the supervision in quarterly progress reports and submit to the provincial Department of Industry and Trade (DOIT) and the PBs. PBs will carry out their own supervision, and assess if all project requirements are being met. The internal M&E will be concentrated on making an examination of 05 major issues, those are: (i) measures for diminishing negative impacts as presented do how to implement; (ii) having other negative impact affecting the ethnic minority people that has not been appraised and defined measures of diminution yet; (iii) supports for the development of ethnic minority people is presented and how to implement; (iv) is the supplied information fully or not and does the consulting process with the ethnic minority people implement or not and its effects; and (v) process of complaint settlement of the ethnic minority people for the Ethnic Minority Plan and other problems of which they are meeting with difficulties. External Monitoring The AU will, on behalf of MOIT, monitor progress and compliance of project implementation. A detailed list of monitoring indicators is provided in the Operational Manual. Mid Term Evaluation Additionally, a mid-term review and evaluation will be carried out by an independent agency, focusing on the way subproject have addressed ethnic minority issues, lessons learned under this policy, and scope for improvement in provisions of this policy and procedures. TOR for independent Mid-term Review and Evaluation are provided in the Operational Manual. 21

24 9. COST AND BUDGET 9.1 Capital Source Budget for the EP implementation will be one part of counter-part fund and soured from developer. The Developer Phuc Khanh Company will arrange the fund for implementation of compensation and resettlement, and it is included in the total investment cost of the Sub-Project 9.2 Cost Estimation Costs for the EP preparation and implementation, as well as costs for administration and management, to be estimated for the following items: o o Development Assistances Administrative Costs, Contingency. Because the Nam Tha 5 Hydropower Plant is located nearby Nam Tha 4 one that has proposed a numbers of development assistance and cost estimate accompanied. Thus, all proposed activities and its budget for both Nam Tha 4&5 will be implemented together and at once. Detailed list of impacts and cost estimation for active areas will be divided into categories and shown as below: Table 3: Estimate Cost No Description Quantity Unit Price (VND) Amounts (VND) 1 Development Assistances 88,000, Training Course 18,000,000 + Electric Safety ,000 10,000,000 + Agriculture Extension ,000 8,000, School Improvement 70,000,000 2 Administration 70,000, External Monitoring 70,000, Contingency 0 TOTAL (1+2) 158,000,000 22

25 ANNEXES Annex 1: Minutes of Consultation Meeting Annex 2: On-site Pictures 23

26 Annex 1: Minutes of Consultation Meeting 24

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34 Annex 2: On-site Pictures Picture 1: Consultation Meeting to DPs during preparation of RP/EP reports Picture 2: The local people expressed their ideas/opinions to the subproject s land acquisition and construction. Picture 3: Access Road with 02 km length, from Nam Tha 6 Hydropower Plant to Nam Tha 4,5 Hydropower Plants Picture 4: Nam Tha Stream in upstream area Picture 5: Reference to nearby operating Nam Tha 6 Hydropower Plant Dam Picture 6: Reference to nearby operating Nam Tha 6 Hydropower Plant Reservoir 32