Indigenous Peoples Plan September 2019

Philippines: Integrated Natural Resources and Environmental Management Project Subproject: Rehabilitation of Barangay Buyot Access Road, Don Carlos, Upper Bukidnon River Basin Prepared by the Municipality of Don Carlos, Province of Bukidnon for the Department of Environment and Natural Resources and the Asian Development Bank.

i

CURRENCY EQUIVALENTS (as of 10 September 2019)

Currency unit – peso (PhP) PhP 1.00 = $ 0.0192

$1.00 = PhP 51.9225

ABBREVIATIONS ADB Asian Development Bank ADSDPP Ancestral Domain Sustainable Development and Protection Plan AIP Annual Investment Plan CADT Certificate of Ancestral Domain Title CLUP Comprehensive Land Use Plan COE Council of Elders CoU Contract of Usufruct DENR Department of Environment and Natural Resources DSWD Department of Social Welfare and Development FPIC Free Prior and Informed Consent ICC Indigenous Cultural Communities IEC Information Education and Communication INREMP Integrated Natural Resources and Environment Management Project IP Indigenous People IPMR Indigenous People’s Mandatory Representative IPP Indigenous Peoples Plan IPRA Indigenous Peoples Rights Act KALAHI-CIDSS Kapit-Bisig Laban sa Kahirapan-Comprehensive and Integrated Delivery of

Social Services LGU Local Government Unit MOA Memorandum of Agreement NCIP National Commission on Indigenous Peoples NPCO National Project Coordinating Office NRM Natural Resources Management PO Peoples’ Organization PO BUFAI PO Buyot Upland Farmers Association, Inc. RI Rural Infrastructure RPCO Regional Project Coordinating Office SPMU Sub-Project Management Unit SPS Safeguard Policy Statement

i

This indigenous peoples plan 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. Your attention is directed to the “terms of use” section of this website. 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.

ii

TABLE OF CONTENTS

I. EXECUTIVE SUMMARY ....................................................................................................... 1 II. INREMP AND SUBPROJECT DESCRIPTION ..................................................................... 2 III. SOCIAL IMPACT ASSESSMENT ......................................................................................... 4 A. Relevant Legal and Institutional Framework Applicable to the Indigenous Peoples.............. 4

1. Philippine Constitution of 1987 ........................................................................................... 4 2. Indigenous Peoples Rights Act of 1997 (RA 8371) ............................................................ 4 3. NCIP Administrative Order No. 3, Series of 2012 .............................................................. 5 4. DENR-NCIP Memorandum of Agreement and Implementing Guidelines .......................... 5 5. Basic Principles of ADB Safeguard Policy, 2009 ............................................................... 5

B. Brief Description about the Indigenous Peoples in the Project Site ....................................... 7 1. Population ........................................................................................................................... 7 2. Ethnicity and Cultural Practices ........................................................................................... 8 3. Education ............................................................................................................................ 8 4. Income ................................................................................................................................. 9 5. Housing and Living Conditions ............................................................................................ 9

C. Key Project Stakeholders ...................................................................................................... 9 D. Gender Sensitive Assessment of IP Perceptions .................................................................. 9 E. Anticipated Positive and Negative Impacts of the Project and Corresponding Enhancing and Mitigating Measures ............................................................................................................. 10 IV. CONSULTATION, PARTICIPATION AND INFORMATION DISCLOSURE ........................ 11 A. Consultation and Participation ............................................................................................. 11 B. Information Disclosure ......................................................................................................... 13 V. BENEFICIAL AND MITIGATIVE MEASURES ..................................................................... 13 VI. CAPACITY BUILDING ......................................................................................................... 15 VII. GRIEVANCE REDRESS MECHANISM .............................................................................. 16 VIII. MONITORING, REPORTING AND EVALUATION .............................................................. 17 A. Internal Monitoring ............................................................................................................... 17 B. External Monitoring .............................................................................................................. 17 C. Reporting ............................................................................................................................. 17 IX. INSTITUTIONAL ARRANGEMENT ..................................................................................... 18 X. BUDGET AND FINANCING ................................................................................................ 20

iii

LIST OF TABLES

Table 1. Sex-Disaggregated Data of the IPs within the Project Influence Area ............................ 7

Table 2. Number of Participants in the Consultation Meetings during IPP Preparation .............. 11

Table 3. Summary of Stakeholder Views of the Road Rehabilitation in Barangay Buyot ........... 12

Table 4. Summary Matrix of Impacts and Enhancement/Mitigation Measures ........................... 13

Table 5. Implementation Schedule ............................................................................................. 19

Table 6. Proposed Budget for the Implementation of the IPP ..................................................... 20

LIST OF FIGURES

Figure 1: Barangay Buyot Access Road Rehabilitation Subproject .............................................. 3

LIST OF ANNEXES

Appendix 1. Minutes of the Public Consultation held on August 4, 2017 at Buyot, Don Carlos, Bukidnon .............................................................................................................................. 21

Appendix 2. Contract of Usufruct with Manobo-Kirenteken-Ilantungon IP Community and the Resolution of Consent ......................................................................................................... 33

Appendix 3. Internal Monitoring Indicators (Adapted from ADB’s Handbook on Resettlement: A Guide to Good Practice, 1998) ............................................................................................ 44

Appendix 4. External Monitoring Indicators (Adapted from ADB’s Handbook on Resettlement: A Guide to Good Practice, 1998) ............................................................................................ 46

Appendix 5. Executive Order Creating the Don Carlos INREMP RI SPMU ................................ 47

Appendix 6. Excerpt from the 2019 Municipal Annual Investment Plan ..................................... 49

 

iv

GLOSSARY

Affected person (AP)

– Means any person or persons, household, firm, private or public institution that, on account of changes resulting from the Project, will have its (i) standard of living adversely affected; (ii) right, title or interest in any house, land (including residential, commercial, agricultural, forest, salt mining and/or grazing land), water resources or any other moveable or fixed assets acquired, possessed, restricted or otherwise adversely affected, in full or in part, permanently or temporarily; and/or (iii) business, occupation, place of work or residence or habitat adversely affected, with or without displacement. In the case of a household, the term AP includes all members residing under one roof and operating as a single economic unit, who are adversely affected by the project or any of its outputs.

Ancestral Domain

– Refers to all areas generally belonging to ICCs/IPs comprising lands, inland waters, coastal areas, and natural resources therein, held under a claim of ownership, occupied or possessed by ICCs/IPs, themselves or through their ancestors, communally or individually since time immemorial, continuously to the present except when interrupted by war, force majeure or displacement by force, deceit, stealth or as a consequence of government projects or any other voluntary dealings entered into by government and private individuals, corporations, and which are necessary to ensure their economic, social, and cultural welfare. It includes land, forests, pasture, residential, agricultural, and other lands individually owned whether in alienable and disposable or otherwise, hunting grounds, burial grounds, worship areas, bodies of water, mineral and other natural resources, and lands which may no longer be exclusively occupied by ICCs/IPs but from which they traditionally had access to for their subsistence and traditional activities, particularly the home ranges of ICCs/IPs who are still nomadic and/or who practice shifting cultivation. (Adopted from R.A. 8371 (IPRA))

Ancestral Domain Sustainable Development and Protection Plan

– The ADSDPP is a long-term community-based, comprehensive plan that contains the ICCs/IPs’ collective vision, mission, general objectives, long-term goals, and priority concerns. The ADSDPP contains a list of development plans and projects that is used as reference in determining the fit between a proposed infrastructure project and the long-term development goals and priority concerns of the affected ICC/IP. Often interchanged with the ADB-IP Development Plan (IPDP), but where ADSDPP is all encompassing, planning for IPDP is limited to the ADB investment/project/ subproject.

Ancestral Lands

– Refers to land occupied, possessed and utilized by individuals, families and clans who are members of the ICCs/IPs since time immemorial, by themselves or through their predecessors-in-interest, under claims of individual or traditional group ownership, continuously, to the present except when interrupted by war, force majeure or displacement by force, deceit, stealth, or as a consequence of government projects and other voluntary dealings entered into by government and private individuals/corporations, including, but not limited to, residential lots, rice terraces or paddies, private forests, swidden farms and tree lots. (Adopted from R.A. 8371)

v

Certification Precondition

– It is a document issued by the NCIP attesting that the applicant or project proponent has complied with the requirements for securing the consent of affected ICCs/IPs in accordance to the Free, Prior and Informed Consent Guidelines of 2006.

Customary Law – It refers to a body of written and/or unwritten rules, usages, customs and practices traditionally and continually recognized, accepted, and observed by the IPs.

Free and Prior Informed Consent

– The consensus of all members of the affected IP group is to be determined in accordance with their respective customary laws and practices, free from any external manipulation, interference and coercion, and obtained after fully disclosing the intent and scope of the activity, in a language and process understandable and appropriate to the community. Broad community support may exist even if some individuals or groups object to the project.

Indigenous People

– Refers to a group of people or homogenous societies identified by self-ascription and ascription by other, who have continuously lived as organized community on communally bounded and defined territory, and who have, under claims of ownership since time immemorial, occupied, possessed customs, tradition and other distinctive cultural traits, or who have, through resistance to political, social and cultural inroads of colonization, non-indigenous religions and culture, became historically differentiated from the majority of Filipinos. ICCs/IPs shall likewise include peoples who are regarded as indigenous on account of their descent from the populations which inhabited the country, at the time of conquest or colonization, or at the time of inroads of non-indigenous religions or cultures, or the establishment of present state boundaries, who retain some or all of their own social, economic, cultural and political institutions, but who may have been displaced from their traditional domains or who may have resettled outside their ancestral domains. (Adopted from R.A. 8371)

Meaningful consultation

– A process that (i) begins early in the project preparation stage and is carried out on an ongoing basis throughout the project cycle; (ii) provides timely disclosure of relevant and adequate information that is understandable and readily accessible to affected people; (iii) is undertaken in an atmosphere free of intimidation or coercion; (iv) is gender inclusive and responsive, and tailored to the needs of disadvantaged and vulnerable groups; and (v) enables the incorporation of all relevant views of affected people and other stakeholders into decision making, such as project design, mitigation measures, the sharing of development benefits and opportunities, and implementation issues.

1

I. EXECUTIVE SUMMARY

1. This Indigenous Peoples Plan (IPP) intends to address the indigenous peoples’ concerns/issues on the Proposed Rehabilitation of Barangay Buyot Access Road in the Municipality of Don Carlos, Bukidnon, which is one of the subprojects under the Integrated Natural Resources and Environmental Management Project (INREMP). The subproject which has a total length of 2.0 kilometers, carriageway of 4.0 meters with 1.0-meter shoulder and 0.5 m triangular ditch on both sides is clustered into two (2) parts: 1) re-graveling of a total of 935 meters road length, and 2) concreting of 1,065 meters road. The subproject will be implemented by the Local Government Unit (LGU) of Don Carlos with an estimated cost of Php 15,800,00.00 for the duration of 120 calendar days.

2. Barangay Buyot is within an ancestral domain area of the Manobo-Kirenteken-Ilantungon IP Community covered by a Certificate of Ancestral Domain Title (CADT). This ancestral domain covers three (3) barangays of the Municipality of Pangantucan, ten (10) barangays of the Municipality of Don Carlos and a portion of one (1) barangay of the Municipality of Kalilangan, all of the Province of Bukidnon covering around 23,224 ha. Only 6% of Barangay Buyot’s population or 65 individuals are IPs belonging to three (3) tribal groups. There are 40 members of the Talaanding Tribe, 24 members of the Higaonon Tribe, and one (1) member of the Manobo Tribe presently residing in the barangay.

3. Three (3) consultations with the affected IPs and Peoples Organization (PO) were conducted by the LGU of Don Carlos, NCIP, and DENR-INREMP together with its consultant on January 25, 2017, August 4, 2017, and July 13, 2018. The consultations focused on the subproject description, proposed civil works, and anticipated social and environmental impacts, including positive impacts and negative impacts, and proposed mitigation and/or enhancement measures, and implementation schedule. A total of 186 participants attended the consultations, of which 12% are IPs (8 men and 14 women).

4. The subproject is classified as Category B for IPs based on the ADB Safeguard Policy Statement (SPS) 2009 since the subproject has limited positive and negative impacts, on the Manobo Tribe in the subproject area.

5. The proposed subproject will provide easier access to farmers in transporting farm inputs and products to and from the market center. With the improved access road, it will reduce post-harvest losses. The products will be of good quality and thus, ensuring economic upliftment of the entire community. The subproject will also support the Integrated Natural Resources and Environmental Management Project (INREMP) Natural Resources Management (NRM) subproject activities of the PO Buyot Upland Farmers Association, Inc. (PO BUFAI). During the subproject implementation, the proposed measures to enhance the positive impacts include (i) provision of trainings on basic financial management and support to the IPs who want to open a bank account; (ii) passage of a barangay ordinance to regulate traffic flow, vehicular volume, hauling cost of farm produce to the market, hauling cost of seedlings to farm/ plant sites; (iii) consultations that will consider responsiveness and sensitivity to the traditional culture of the IP community;and (iv) development of local first hiring policy, provision of skills training to the IPs and disclosure of employment information.

6. Although there are no significant negative impacts identified during those consultations, the beneficiaries of the subproject mentioned some concerns that may bring about negative impacts to the community if not mitigated such as (i) garbage; (ii) noise, dust, mud, smoke, during rehabilitation; (iii) possibility of increase in road accidents before or after completion of the

2

rehabilitation; and (iv) possible negative impact on the IP culture. During the consultations, the participants perceived that there will be no long-term adverse impacts of the subproject.

7. All participants in the meetings agreed and support the subproject implementation. Although the IP participants manifested the IP community’s preference for the conduct of a tribal ritual before the implementation of the subproject.

8. The grievance redress mechanism that will be employed will cater to complaints of IP and non-IP beneficiaries. Complaints involving an IP beneficiary will be addressed through the customary dispute resolution processes while complaints involving non-IP beneficiary will be handled through the usual dispute resolution process established by the LGU. The grievance redress mechanism will be included in the IEC materials that will be disseminated to the beneficiaries.

9. The IPP implementation will be internally monitored by the LGU Sub-Project Management Unit (SPMU) and externally by an External Monitoring Agency (EMA). The EMA will submit semi-annual reports to the DENR-INREMP through the National Project Coordinating Office (NPCO), who will submit the reports to ADB for review and disclosure.

10. In terms of capacity building initiatives, the municipality outlines various training concerning to all affected IPs, including women and youth. These training are meant to be held collectively for a tribe and/or barangay at a time and place chosen by the participants and will be specifically customized for each target participant. Training on IP related issues based on ADB SPS and the Indigenous Peoples Framework of INREMP will be provided to the LGU. The Municipality of Don Carlos has allocated a budget for the support to IPs and capacity-building activities in collaboration with other government agencies.

11. The estimated cost for the IPP implementation of the subproject is Php 77,000. This cost will be covered from either INREMP and/or LGU funds activities.

II. INREMP AND SUBPROJECT DESCRIPTION

1. The INREMP, implemented by DENR with funding from Asian Development Bank (ADB), International Fund for Agricultural Development (IFAD), and Climate Change Fund (CCF), addresses the unsustainable watershed management in four (4) priority river basins: (i) the Chico Upper River Basin in the Cordillera Administrative Region, Northern Luzon; (ii) the Wahig–Inabanga River Basin on the island of Bohol in Region 7; (iii) the Lake Lanao River Basin in the province of Lanao del Sur in the Autonomous Region of Muslim Mindanao; and (iv) the Bukidnon Upper River Basin in Bukidnon and Misamis Oriental provinces in Northern Mindanao (Region 10).

2. The INREMP has four (4) outputs namely: (i) River basin and watershed management and investment plans established; (ii) Smallholder and institutional investments in conservation increased and URB productivity enhanced in the forestry, agriculture and rural sectors; (iii) River basin and watershed management capacity and related governance mechanisms strengthened; and (iv) Project management and support services delivered.

3. Under Output 2, the LGU of Don Carlos, Bukidnon has proposed the Rehabilitation of Barangay Buyot Access Road with a total length of 2.0 kilometers, carriage way of 4.0 meters with 1.0-meter shoulder and 0.5 m triangular ditch on both sides. The subproject is clustered into

3

two (2) parts: 1) re-graveling of a total of 935 meters road length, and 2) concreting of 1,065 meters road (Figure 1).

Figure 1: Barangay Buyot Access Road Rehabilitation Subproject 4. The Barangay Buyot access road was established during the year 1960 as a logging road. With the prohibition of logging activities in the area and increase in the populace involved in agricultural farming, more improvements have been made that leads to its present condition. Since it is also the only access road within the large production area, this is still being used by the farmers to transport their products.

5. The proposed subproject will start at Purok 1 (station 0+000) passing through Purok 4 and will end at Purok 1 (Sta. 0+200) of Barangay Buyot. Since the proposed road is not the main access road to the barangay proper, it was not properly maintained. Significant defects were observed that requires resurfacing, reshaping and rehabilitation. This road is mostly composed of earth, limestone with lots of potholes, muddy and slippery during rainy days. It has sharp vertical and horizontal curved and hilly surfaces that vary from moderate steep to rolling terrain. The absence of drainage such as cross drain and line canals have caused the flood water to flow in any direction causing some portion of the road in mud holes and thus, contributing to the rapid deterioration of the road. Some portions are located on hilly areas with no slope protection on the sides. The road network also traverses Pamuwang creek at Sta.1+422 causing more danger for road users during rainy days.

6. The subproject will benefit the total population of the barangay comprising of 1,129 individuals in which 591 are males and 538 are females. Based on the data of the Barangay Secretary, the total IP population in the barangay is 65 of whom 34 are males and 31 are females.

4

III. SOCIAL IMPACT ASSESSMENT

7. In accordance to the Philippine law and ADB policy on indigenous people’s safeguards, all proposed subprojects must undergo the procedures required in social impact assessment. This is to ensure that indigenous peoples will benefit from a subproject, and that adverse impacts from the subproject will be prevented, or where this is not possible, can be mitigated. Looking at the Philippine history, the indigenous communities including the original settlers in the country were deprived of their rights and displaced since the pre-colonization. Many forms of injustices such discrimination, marginalization and oppression to the IPs continued even after the colonial rule. The injustices to the IPs pushed them to resist against projects intended to benefit them. With that, the rights of the IPs were recognized through the passage of the IPRA law.

A. Relevant Legal and Institutional Framework Applicable to the Indigenous Peoples

8. The ADB, Philippine Government and proponents shall recognize the vital role of IPs as autonomous partners in development and shall fully support the development and empowerment of indigenous people or associations to pursue and protect their legitimate and collective interests and aspirations. Thus, all involved in the project will recognize, protect and promote the rights of indigenous cultural communities/indigenous peoples establishing implementing mechanisms, appropriating funds therefor, and for other purposes.

1. Philippine Constitution of 1987 9. Under Constitution of the Philippines a number of Articles have been included for the protection of the indigenous cultural communities (ICCs) in particular. These are:

a. Article II of Section 22 recognizes and promotes the rights of ICCs within the framework of national unity and development.

b. Article XII of Section 5 empowers the State, subject to the provisions of this Constitution and national development policies and programs, shall protect the rights of indigenous cultural communities to their ancestral lands to ensure their economic, social, and cultural well-being.

c. Article XIII of Section 6 confers the State shall apply the principles of agrarian reform or stewardship, whenever applicable in accordance with law, in the disposition or utilization of other natural resources, including lands of the public domain under lease or concession suitable to agriculture, subject to prior rights, homestead rights of small settlers, and the rights of indigenous communities to their ancestral lands.

d. Article XIV of Section 2(4) encourages non-formal, informal, and indigenous learning systems, as well as self-learning, independent, and out-of-school study programs particularly those that respond to community needs.

e. Article XIV of Section 17 stipulates that the State shall recognize, respect, and protect the rights of ICCs to preserve and develop their cultures, traditions, and institutions. It shall consider these rights in the formulation of national plans and policies.

f. Article XVI of Section 12 empowers the Congress to create a consultative body to advise the President on policies affecting ICCs, the majority of the members of which shall come from such communities.

2. Indigenous Peoples Rights Act of 1997 (RA 8371) 10. The Indigenous Peoples (IP) in the Philippines remain as the most marginalized sector of society. This status continues despite the tremendous inroads achieved by communities, partners and advocates through years of struggle. In 1997, as a result vigilance and the sustained

5

advocacy of the IP sector and its partners, the Indigenous Peoples Rights Act (IPRA) was enacted. This provided venue and legal backbone for the recognition of the traditional rights of communities over their ancestral domain.

11. IPRA provides for the recognition of the traditional rights of Indigenous Peoples over their ancestral domains through the issuance of Certificates of Ancestral Domain Titles (CADTs) or Certificates of Ancestral Land Titles (CALTs). IPRA recognizes the rights of ICC’s to define their development priorities through their own Ancestral Domain Sustainable Development and Protection Plan (ADSDPP) and exercise management and utilize the natural resources within their traditional territories.

3. NCIP Administrative Order No. 3, Series of 2012 12. The National Commission on Indigenous People (NCIP) Administrative Order (AO) No. 3 underscores the policy of the state that no concession, license, permit or lease, or undertaking affecting ancestral domains will be granted or renewed without going through the free, prior and informed consent (FPIC) process, which is needed in the issuance of a Certification Precondition (CP) by the NCIP.

4. DENR-NCIP Memorandum of Agreement and Implementing Guidelines

13. The DENR and NCIP entered into a Memorandum of Agreement (MOA) for the implementation of INREMP in order to ensure that the provisions of the NCIP AO No. 3, Series of 2012 or the Revised Guidelines on Free and Prior Informed Consent (FPIC) and Related Processes of 2012, are fully considered and complied with.

14. The Implementing Guidelines on the MOA between DENR and NCIP for the Implementation of the INREMP in Municipalities with Indigenous People’s Communities,” was promulgated with the following objectives:

a. Establish a common understanding and framework for the operationalization of the Memorandum of Agreement between DENR and NCIP for the implementation of the INREMP in areas with indigenous people’s communities;

b. Set the requirements and procedures in ensuring compliance to NCIP AO No. 3, Series of 2012 or the Revised Guidelines on FPIC and Related Processes of 2012;

c. Provide and ensure compliance with the procedure and the standards in the conduct of the required validation process; and

d. Protect the rights of the ICCs/ IPs in the introduction and implementation of plans, programs, projects, activities and other undertakings that will affect them and their ancestral domains to ensure their economic, social, and cultural well-being.

5. Basic Principles of ADB Safeguard Policy, 2009 15. The ADB Policy on Safeguards requirement for Indigenous Peoples (IPs) recognizes the right of IPs to direct the course of their own development. For operational purposes, the term Indigenous people is used here to refer to a distinct, vulnerable, social and cultural group with following characteristics:

a. Self-identification as members of a distinct indigenous cultural group and recognition of this community by others;

b. Collective attachment to geographically distinct habitats or ancestral territories in the project area and to the natural resources in the habitats;

6

c. Customary, cultural, economic, social or political institutions that are separate from those of dominant society and culture; and

d. A distinct language, often different from the official language of the country or region.

16. According to the ADB Policy, the IP Safeguards are triggered if a project directly or indirectly affects the dignity, human rights, livelihood systems, or culture of Indigenous People or affects the territories, natural, or cultural resources that Indigenous People own, use, occupy, or claim as their ancestral property.

17. The SPS sets out the following principles for IP Safeguards in all projects in which ADB is involved:

a. Screen early on to determine (i) whether IPs are present in, or have collective attachment to, the project area; and (ii) whether project impacts on IPs are likely.

b. Undertake a culturally appropriate and gender-sensitive social impact assessment or use similar methods to assess potential project impacts, both positive and adverse, on IPs. Give full consideration to options the affected IPs prefer in relation to the provision of project benefits and the design of mitigation measures. Identify social and economic benefits for affected IPs that are culturally appropriate and gender and inter-generationally inclusive and develop measures to avoid, minimize, and/or mitigate adverse impacts on IPs.

c. Undertake meaningful consultations with affected Indigenous Peoples communities and concerned Indigenous Peoples organizations (IPOs) to solicit their participation (i) in designing, implementing, and monitoring measures to avoid adverse impacts or, when avoidance is not possible, to minimize, mitigate, or compensate for such effects; and (ii) in tailoring project benefits for affected Indigenous Peoples communities in a culturally appropriate manner. To enhance IPs’ active participation, projects affecting them will provide for culturally appropriate and gender inclusive capacity development. Establish a culturally appropriate and gender inclusive grievance mechanism to receive and facilitate resolution of the Indigenous Peoples’ concerns.

d. Ascertain the consent of affected Indigenous Peoples communities to the following project activities: (i) commercial development of the cultural resources and knowledge of IPs; (ii) physical displacement from traditional or customary lands; and (iii) commercial development of natural resources within customary lands under use that would impact the livelihoods or the cultural, ceremonial, or spiritual uses that define the identity and community of IPs. For the purposes of policy application, the consent of affected Indigenous Peoples communities refers to a collective expression by the affected Indigenous Peoples communities, through individuals and/or their recognized representatives, of broad community support for such project activities. Broad community support may exist even if some individuals or groups object to the project activities.

e. Avoid, to the maximum extent possible, any restricted access to and physical displacement from protected areas and natural resources. Where avoidance is not possible, ensure that the affected Indigenous Peoples communities participate in the design, implementation, and monitoring and evaluation of management arrangements for such areas and natural resources and that their benefits are equitably shared.

f. Prepare an Indigenous Peoples plan (IPP) that is based on the social impact assessment with the assistance of qualified and experienced experts and that draw on indigenous knowledge and participation by the affected Indigenous Peoples communities. The IPP includes a framework for continued consultation with the affected Indigenous Peoples communities during project implementation; specifies measures to ensure that Indigenous Peoples receive culturally appropriate benefits;

7

identifies measures to avoid, minimize, mitigate, or compensate for any adverse project impacts; and includes culturally appropriate grievance procedures, monitoring and evaluation arrangements, and a budget and time-bound actions for implementing the planned measures.

g. Disclose a draft IPP, including documentation of the consultation process and the results of the social impact assessment in a timely manner, before project appraisal, in an accessible place and in a form and language(s) understandable to affected Indigenous Peoples communities and other stakeholders. The final IPP and its updates will also be disclosed to the affected Indigenous Peoples communities and other stakeholders.

h. Prepare an action plan for legal recognition of customary rights to lands and territories or ancestral domains when the project involves (i) activities that are contingent on establishing legally recognized rights to lands and territories that Indigenous Peoples have traditionally owned or customarily used or occupied, or (ii) involuntary acquisition of such lands.

i. Monitor implementation of the IPP using qualified and experienced experts; adopt a participatory monitoring approach, wherever possible; and assess whether the IPP’s objective and desired outcome have been achieved, considering the baseline conditions and the results of IPP monitoring.

B. Brief Description about the Indigenous Peoples in the Project Site

18. The section describes the general socio-economic profile of the IPs in Barangay Buyot. The information was collected from the 2018 IP population survey conducted by the Barangay Secretary.

19. To ensure that a baseline data of the IPs is obtained to be able to monitor and evaluate if all the impacts by the subproject are effectively managed, a data gathering on the IPs will be conducted before monitoring. Similarly, the LGU will also gather available baseline information from the Municipal Social Welfare and Development Office (MSWDO), Municipal Health Office (MHO), and Municipal or Barangay Indigenous People’s Mandatory Representative’s (IPMR) Offices.

1. Population

20. Barangay Buyot has a total population of 1,129. In terms of ethnic composition, majority (94%) of the barangay residents are Cebuanos and only six percent (6%) of the barangay’s population, or 65 individuals, are indigenous peoples (IPs). Table 1 below shows that there are three (3) ethnic groups present in the barangay—the Manobo, Talaanding and Higaonon Tribes. However, it must be noted that the barangay is within the titled ancestral domain area of the Manobo-Kirenteken-Ilantungon IP community and thus, the other tribes could be considered as not the original settlers of the area.

Table 1. Sex-Disaggregated Data of the IPs within the Project Influence Area GENDER TALAANDIG HIGAONON MANOBO TOTAL

Male 19 15 0 34 Female 21 9 1 31

Total 40 24 1 65 Source: Barangay Buyot Secretary; 2018

8

21. The population density of the municipality and the barangay is 2 persons per ha.

2. Ethnicity and Cultural Practices 22. The Manobo is a group of IP that inhabit most of Mindanao island. The anthropologist E. Arsenio Manuel believes that the proto-Manobo were the original people of Mindanao and this explains why they are scattered throughout Mindanao, including the Agusan provinces, Bukidnon, Cotabato provinces, Davao provinces, and Sarangani. There are several subgroups, however, among the Manobo due to linguistic and cultural differences. The Manobo of Don Carlos speak a language classified by linguists as Western Bukidnon Manobo. This language has three (3) dialects, namely Ilentungen, Kiriyenteken, and Pulangiyen. The first two (2) dialects are spoken by the Manobos of Don Carlos. With regards to their economic subsistence, the Manobo engage in upland cultivation of rice, corn, legume, yams, and sweet potato supplemented by hunting and food gathering. Their settlements are generally kin-oriented nuclear groups located along mountain ridges.

23. The Talaandig is a group of IP residing in barangays surrounding Mt. Kitanglad. They are semi-sedentary upland agriculturists traditionally cultivating upland rice, corn, root crops, abaca, and banana. These crops are usually for household consumption. Farming is supplemented by the raising of chickens, pigs, and other livestock. Aside from food, chickens and pigs are also usually butchered for ritual purposes while horses and carabaos are used for the payment of debts and other financial obligations. Other economic activities include blacksmithing, weaving, embroidery, and hunting and food gathering. Among the aesthetic traditions of the Talaandig is their long historical narrative chant called Gugud, which narrates about gods and spirits during the time of Creation. Aside from this, there is the Ulaging epic, which has parallels among other Manobo groups. On the other hand, short narratives are known as Nanangen. Other oral literary forms are the sala (poetic songs), idangdang limbay (songs about animals), barbat (recall stories), sampitan (reference stories), basahan (proverbs), and antuka (riddles).

24. The Higaonon is a group of IP found in Bukidnon Plateau as well as in the mountainous regions of Misamis Oriental and the mountain borders of Agusan and Lanao. The Higaonon speak a distinct language also called Higaonon, a language that is classified by linguists as belonging to the North Manobo branch of Greater Central Philippine languages. Cebuano is also used as a second language. The subsistence economy of the Higaonon is marked by slash-and-burn agriculture with upland rice and corn as the main crops. This activity is supplemented by food gathering; hunting of bats, snakes, field rats, monkeys, and various birds; fishing along the river using spear guns and fish poison; and logging of timber than are then hauled by carabaos. In terms of mythology, Higaonon myths and legends mentions Suwat, a great ancestor who keeps a list of people who lived during a Great Flood in the distant past.

3. Education 25. Based on the municipality’s Comprehensive Land Use Plan (CLUP) as of 2018, the Buyot Elementary School is a complete elementary school that serves 203 pupils. The school is located in a 5.5 ha area with seven (7) classrooms with seven (7) teachers. High school students of the barangay are either attending high schools located in the Poblacion or the nearest public high school at Old Nongnongan National High School. The children between the ages of three years old to five years old are catered by the Buyot Day Care Center. Currently, the Center has one (1) IP student while there are 24 IP students in the Elementary School or around 12%.

9

4. Income 26. The average family income in Barangay Buyot is only PhP50,000.00 per year or Php 4,166 per month. This income is below the provincial poverty threshold of Php 5,077. The average household size in the barangay is five (5) which makes the average family income in the barangay considerably insufficient against the rising prices of commodities nowadays.

5. Housing and Living Conditions 27. Among the 223 households in the barangay, 14 are considered IP households. The Cebuano households in the barangay own houses that are mostly made of mixed light materials. On the other hand, the housing structures of the IPs are mostly made of light and indigenous materials. While some IPs have their own farm lots, most of them are hired as farm workers which has a daily rate of around Php 200.00/ day considerably the same as the adjacent municipalities.

C. Key Project Stakeholders

28. The key subproject stakeholders for the IPs are as follows: IP and non-IP households in Barangay Buyot; DENR is the executing agency of the Project; NPCO shall oversee all safeguards compliance and provide technical support in the

preparation and implementation of the IPP; LGU of Municipality of Don Carlos and its SPMU shall support the IPP implementation

is the implementing agency of the subproject; LGU of Barangay Buyot under the guidance of LGU of Don Carlos; Council of Elders (CoE) looks after the welfare of the tribe and its members; NCIP that is the primary agency in regulation and support of the IPs in the area; and Contractors which are private and independent companies contracted by the

LGU/DENR for the subproject implementation.

29. The consultations which involved the key subproject stakeholders are discussed in succeeding sections.

D. Gender Sensitive Assessment of IP Perceptions

30. The During the IPP preparation, consultations with both IP men and IP women regarding the impacts on the IPs by the subproject implementation were conducted on August 4, 2017. To ensure that the gender perspective is addressed, 26% or 8 IP women were also consulted during this activity out of 31 IP women living in Barangay Buyot based on the 2018 IP survey of the Barangay Secretary. The women have also been consulted regarding their perspective on the subproject’s anticipated impacts on their livelihood, traveling, transportation of inputs/outputs of farming, etc., and corresponding measures to mitigate the adverse impacts as well as to enhance the positive impacts.

31. The proposed subproject will encourage the involvement of both males and females. New employment opportunities for the subproject during the construction phase will be created for both IP men and women. Men are to carry out manual and unskilled tasks while women can work as a timekeeper, caretaker of the bunkhouse or to check the attendance of the workers. Moreover, increased productivity, increase in additional income and more opportunities for IP women are the tangible benefits to women with the proposed subproject. Reduction in transportation costs will translate into extra cash for women who do the family budget. Saved extra cash can be spent

10

on other needs of families such as healthcare and education. Ease of transport will directly impact on the improved safety and health of women and children, as healthcare services will be more accessible.

32. The women will also be involved in the planning, consultation, monitoring and evaluation activities as well as during the operation and maintenance of the completed subproject.

E. Anticipated Positive and Negative Impacts of the Project and Corresponding Enhancing and Mitigating Measures

33. During the consultation with the IPs and other stakeholders during the IPP preparation, the participants identified the positive impacts and possible negative impacts of the subproject on the IPs. There will be ease in the transport of products to the market. It will most likely boost the cycle of economic activities in the influence area. The public utility vehicles may also increase their number of trips to serve the increasing demand for transportation services. There will be a reduction in the post-harvest losses, travel time, hauling and fare costs. This will, in turn, provide the community, including the indigenous peoples (IPs), opportunities to engage in other sources of income and will also generate more employment for farm workers from outside investors. Also, barangay emergencies could easily be responded to the community. Other government agencies including the LGU will be able to regularly visit and monitor the area to deliver the needed services particularly provision of skills training and capability building to the IP community.

34. The proposed measures to enhance the positive impacts include: (i) passage of a barangay ordinance to regulate traffic flow, vehicular volume, hauling cost of farm produce to the market, farm produce pricing and hauling cost of seedlings to farm/ plant sites; (ii) provision of training on basic financial management and support to the IPs who want to open a bank account; (iii) IEC and consultations that will consider responsiveness and sensitivity to the traditional culture of the IP community; and (iv) development of local first hiring policy, provision of skills training to the IPs and disclosure of employment information.

35. Although there are no significant negative impacts identified during these consultations, the beneficiaries of the subproject mentioned some concerns that may bring about negative impacts to the community if not mitigated such as: (i) garbage; (ii) noise, dust and smoke during rehabilitation; (iii) possibility of increase in road accidents before or after completion of the rehabilitation; and (iv) possible negative impact on the IP culture. During the consultations, the participants perceived that there will be no long-term adverse impacts as long as mitigating measures to address these potential negative impacts are implemented.

36. The mitigation measures identified are: (i) compliance of the contractor on the mitigation measures before, during and after construction as stated in the Environmental Management Plan (EMP); (ii) the ordinances of the barangay LGU on speed limit and curfew hours including load limit will be disclosed regularly and strictly implemented including installation of speed limit boards along the road. The contractor should provide access or an alternative route when the rehabilitation is being implemented; and (iii) regulating the entry of migrants and should there be any other development project that will be implemented as a result of the rehabilitation of the road, the LGU will closely observe the process of engaging the IPs.

37. All participants in the meetings agreed and support the subproject implementation and underscored the benefits that will be derived by the community in the rehabilitation of the access road.

11

IV. CONSULTATION, PARTICIPATION AND INFORMATION DISCLOSURE

A. Consultation and Participation

38. During the IPP preparation, three (3) consultation meetings were held with the IP communities, local residents, LGU, NCIP, DENR/INREMP, and Community Environment and Natural Resources Office (CENRO) on January 25, 2017, August 4, 2017 and July 13, 2018.

39. The consultations provided a venue for the discussion of the subproject description, proposed civil works and the anticipated positive and negative impacts and corresponding measures to mitigate the negative and enhance the positive impacts. All the participants confirmed that the proposed rehabilitation of the Barangay Buyot Access Road is essential for the economic development of the barangay. A total of 186 community members (96 females, 90 males), the majority of whom are local residents and 12% are IPs (8 males, 14 females), attended all consultations.

40. Again, 26% or 8 IP women were also consulted during the activity out of 31 IP women living in Barangay Buyot based on the 2018 IP survey of the Barangay Secretary. Women have also been consulted regarding their perspective on the subproject’s anticipated impacts on their livelihood, traveling, transportation of inputs/outputs of farming, and corresponding measures to mitigate the adverse impacts as well as to enhance the positive impacts.

41. The table below summarizes consultation activities which were carried out during the IPP preparation.

Table 2. Number of Participants in the Consultation Meetings during IPP Preparation Date of Consultation Activity Total Males Females January 25, 2017 Meeting with INREMP

representatives, SPMU, PO & BLGU

21 18 3

August 4, 2017 Meeting with the Community 148 63 85 July 13, 2018 Meeting with the Council of

Elders, LGU, DENR representatives and NCIP

17 9 8

Total 186 90 96 42. A write shop was conducted among the DENR-INREMP’s technical team, LGU representatives, barangay officials, and PO on January 25, 2017 following the ocular validation of the proposed subproject’s scope of works and location. The consultation with barangay officials, stakeholders, and residents confirmed that the rehabilitation of the access road is essential for economic development.

43. During the community public consultation on August 4, 2017, the LGU, NCIP, and DENR with the assistance of the consultant have made the presentation of the subproject describing the objective of the consultations, project description, proposed civil works, and anticipated social and environmental impacts and their mitigation measures (Appendix 1). The consultations went very well and effective and the discussions were documented. The results of the consultation were positive, with local people considering that the road will bring significant economic benefits to the barangays and increase trade flows.

12

44. A follow up consultation meeting was held on July 13, 2018. The LGU of Don Carlos, INREMP representatives, and the NCIP-Maramag Service Center’s Community Development Officer III made a Contract of Usufruct presentation and signing activity. The NCIP representative presented and explained the Contract of Usufruct (CoU) to the Council of Elders, headed by Datu Teodoro L. Andil. The members of the Council signed the COU signifying their consent for the implementation of the Rehabilitation of Barangay Buyot Access Road within their titled ancestral domain (Appendix 2).

45. The community consultations were conducted in the Cebuano and binukid language which are both understood and spoken by the IPs and the discussions were documented. The results of the consultation were positive, with local people considering that the road rehabilitation will bring significant economic benefits to the barangay and increase trade flows.

46. The table below summarizes the concerns and opinions raised by the participants during the consultation meetings and how the concerns and opinions have been addressed.

Table 3. Summary of Stakeholder Views of the Road Rehabilitation in Barangay Buyot Issues Opinions, Suggestion and Concerns

Raised by the Participants How the Opinions, Concerns and

Suggestions have been Addressed Subproject Design

Participants agreed with the rehabilitation of Barangay Buyot Access Road with total length of 2.0 kilometers, carriage way of 4.0 meters with 1.0-meter shoulder and 0.5 m triangular ditch on both sides which is clustered into two (2) parts: 1) re-graveling of a total of 935 meters road length, and 2) concreting of 1,065 meters road.

Municipal Engineering representative discussed that the portions with steeper slopes will be concreted including additional slope protection.

LGU will discuss with the Head Teacher regarding the school’s concern.

Is the subproject area in the ancestral domain area?

Barangay Buyot is within an ancestral domain area covered by a Certificate of Ancestral Domain Title (CADT No. R10-DON-0216-206) of the Manobo-Kirenteken-Ilantungon IP Community.

Anticipated positive impacts and proposed measures to enhance the positive impacts

Once the road will be rehabilitated, there will be ease in the transport of products to the market and hauling cost/ transportation fare will also lessen. The Barangay Chairman added that emergency situations could easily be responded to due to the rehabilitation of the road. With the provision of job hiring scheme in the implementation of the subproject, “Local First Hiring Policy” will be promoted.

Anticipated negative impacts and proposed measures to mitigate the negative impacts

Garbage Contractor should practice proper waste segregation. The barangay has a corresponding ordinance.

13

Issues Opinions, Suggestion and Concerns Raised by the Participants

How the Opinions, Concerns and Suggestions have been Addressed

Noise, dust, mud, smoke and soil run off to the river during road rehabilitation.

Participants suggested to apply personal protective measures. Mr. Hilario Mahinay suggested to install riprap to prevent soil run off.

Garbage Contractor should follow proper disposal of garbage

Possibility of increase in road accidents before or after completion of the rehabilitation

A participant said that, since the width of the concrete pavement will just be 8 inches, there might be a possibility that portions of it will break particularly when there are overloaded trucks carrying harvested sugarcane. LGU suggested that the barangay issue speed and load limit ordinances.

Another participant added that the contractor should provide access or an alternative route when the rehabilitation is being implemented.

Possible negative impact on the IP culture

Implementation schedule

How long will the road rehabilitation activities complete?

It takes about 4 months to complete the road rehabilitation.

EMP = Environmental Management Plan; IPs = Indigenous Peoples; LGU = Local Government Unit

B. Information Disclosure

47. The final IPP, updated IPP, if any, internal and external monitoring reports will be submitted to ADB for posting on their website, DENR-Forest Management Bureau (FMB), the LGU of Don Carlos, and the affected barangay office, DENR regional office, which will make them available to the public in English or Pilipino and made available and accessible, posted if possible, in public places such as barangay halls.

V. BENEFICIAL AND MITIGATIVE MEASURES 48. Table 4 presents the subproject impacts and corresponding enhancing and mitigative measures identified by the beneficiaries during the consultation.

Table 4. Summary Matrix of Impacts and Enhancement/Mitigation Measures Subproject

Impacts Enhancement or

Mitigative Measures Targets Responsible

Unit Estimated Cost

POSITIVE IMPACTS

Increase in household income

Trainings on basic financial management will be made part of the capability building intervention. Further, IP families who would want to avail of services of how to open a bank account will be assisted by the LGU in

Residents living in the barangay, especially IP women

LGU of Don Carlos

Php 3,400 per day for 20 participants

14

Subproject Impacts

Enhancement or Mitigative Measures

Targets Responsible Unit

Estimated Cost

close coordination with NCIP.

Easier and safer access in the transport of produce & lessening of hauling/ fare costs

The barangay LGU can come up with an ordinance to regulate the traffic flow, vehicular volume and transportation/ hauling cost of farm produce to the market. The SPMU can provide the necessary inputs/ training/ guidance on this to the BLGU.

Residents living in the barangay

LGU of Barangay Buyot

Included in the LGU of Barangay Buyot budget

Increase access to health including other government services

IEC and consultations that will be conducted will consider responsiveness and sensitivity to the traditional culture of the IP community.

Residents living in the barangay, especially IP women

LGU of Don Carlos Council of Elders

Included in the LGU of Don Carlos budget

Provision of jobs to qualified IPs as contractual laborer.

Provision of skills training to the IPs so that the IPs can have better opportunities to be qualified for employment. Development of “local first hiring policy”. Disclosure of employment information in accessible places such as barangay offices, DENR regional office and tribal halls.

IPs under the working age

LGU of Don Carlos Construction contractor(s)

Php 3,400 per day for 20 participants

NEGATIVE IMPACTS Garbage As mitigation measures

proposed are indicated in the EMP, the barangay LGU and the SPMU should closely monitor the implementation of the contractor(s).

Contractor(s) Construction contractor(s)

Included in the EMP budget

Noise, dust, mud, smoke during road rehabilitation.

As mitigation measures proposed are indicated in the EMP, the barangay LGU and the SPMU should closely monitor the implementation of the contractor(s).

Contractor(s) Construction contractor(s) LGU of Barangay Buyot SPMU

Included in the EMP budget

Possibility of increase in road accidents before or after completion of the rehabilitation.

Regular disclosure of the speed including load limit ordinances Provision of speed limit boards along the road

All residents LGU of Barangay Buyot LGU of Don Carlos

Included in the LGU of Barangay Buyot budget

15

Subproject Impacts

Enhancement or Mitigative Measures

Targets Responsible Unit

Estimated Cost

Included in the LGU of Don Carlos budget

Possible negative impact on the IP culture

Conduct of a ritual prior to the start of rehabilitation activities Cultural revival and enhancement activities in the community.

All residents Construction contractor(s) Council of Elders LGU of Don Carlos SPMU

For the ritual, included in the contractor’s budget (estimated to be around Php 7,000). For cultural revival, included in the LGU of Don Carlos budget

EMP = Environmental Management Plan; IEC = Information Education and Communication; IPs = Indigenous Peoples; LGU = Local Government Unit; NCIP = National Commission on Indigenous Peoples; SPMU = Subproject Management Unit. VI. CAPACITY BUILDING 49. Based on the consultations conducted, certain training interventions are needed to ensure that the community beneficiaries – both IPs and non-IPs and the barangay and Municipal LGUs are knowledgeable and equipped with the appropriate information and skills to be able to execute their roles in the implementation of the project. The capacity building initiatives for the community are outlined with respect to all affected IPs including women and youth. These trainings are meant to be held collectively for a tribe or barangay at a time and place chosen by the participants and would be specifically customized for each target participant. The skills training modules should be in their vernacular language.

50. Before arranging skill development training, the IP community will be organized for orientation workshop by designated person in the SPMU with possible assistance from a non-government organization/academe staff in the locality on expected subproject output, benefits and needed skills to enhance the positive impacts and mitigate the negative impacts. The orientation program will comprise sessions on development of the human capital especially women and youth groups by acclimatizing them to the oncoming opportunities, enhancing traditional and other learned skills and empowering them in a socio-culturally beneficial and appropriate manner. Specific trainings will be identified in the orientation workshop and will be organized at various suitably located place as per convenience of the IP community.

51. The capacity building initiatives for the IP community will be supported by the funds of the Municipal LGU. It is hoped that INREMP funds can be provided to support other capacity building initiative that may be needed during the course of subproject implementation.

52. The estimated cost for the capacity building activities may be covered by the LGU’s 2019 Annual Investment Plan particularly on the Support to Indigenous People.

16

VII. GRIEVANCE REDRESS MECHANISM 53. The LGU of Don Carlos has properly conducted the consultations with the different stakeholders of the subproject site. However, it still has to make room for possible issues, concerns, or grievances and disputes arising from the communities in relation to the subproject implementation. Thus, it sets up a grievance redress mechanism (GRM) to provide a venue for resolving grievances and disputes even at the lowest level. This will be done to resolve disputes as early and as quickly as possible before it escalates to an unmanageable level.

54. The GRM set up by the LGU of Don Carlos generally applies when the parties involve are non-IPs. In such a case, the BDC will be the first group to be approached by the aggrieved party for any complaint. In case either group cannot resolve the matters at their level, they shall make proper documentation of the case and submit the same to the Municipal Development Council (MDC). The MDC will be the body to resolve the grievances endorsed to them by the BDC. In case the MDC is not able to resolve the disputes, the Complainant may then submit his/her complaint directly to the PPMC for INREMP, which will make every attempt to resolve the grievances at the local level. Lastly, if the complaint is not addressed to the satisfaction of the complainant and/or the public, the Complainant may then submit his/her complaint directly to the appropriate courts who will make every attempt to resolve the problem. The Punong Barangay of Buyot, Hon. Rudy Rex G. Cinco, will act as the contact person and the GRM head at the barangay level. He may be reached through contact numbers 09177193623. At the municipal level, the MPDC, Engr. Antonio A. Casabuena, may be contacted through 09177955215 for any project-related grievances.

55. Meanwhile, as traditionally done, complaints of any member off the IP communities regarding the subproject implementation, including the IP issues will be addressed within the community itself in the context of their customary law and customary dispute resolution process. In resolving disputes among the IPs in the subproject area, the determination or decision is usually reached through dialogue and consensus. There may be several conflict resolution sessions according to the specific tribe’s customary laws before the dispute is resolved. Thus, there is no clear definite timeline on when the conflict or dispute should be settled at the level of the clan and the Council of Elders (CoE). The person to be consulted regarding all disputes concerning IPs will be the Tribal Chieftain of the ancestral domain, Datu Teodoro L. Andil, who may be contacted through 09267950617. The Municipal IPMR (Hon. Yolanda Lilawan-Aboy) may also be contacted through—09752500617 since the barangay does not have an Indigenous People Mandatory Representative (IPMR).

56. Grievance will be handled as follows: Dispute/grievance will be resolved first among the members of the clan; If the said grievance/dispute is not resolved at the clan level, this will be brought to the

level of the COE; and If still unresolved at the COE level, the said dispute/grievance will be submitted to the

NCIP Regional Hearing Officer (RHO), for resolution, where the decision will be final and executory. The dispute/ grievance will be heard and adjudicated in accordance with the Rules on Pleadings, Practice and Procedures before the NCIP

57. Complainants shall be exempted from all administrative and legal fees incurred pursuant to the grievance redress procedures. The LGU of Don Carlos and the Barangay LGU will maintain proper documentation of all complaints received and actions taken. Monthly reports on all complaints, disputes or questions received about the subproject and corresponding actions taken

17

to resolve the issues will be prepared by the SPMU. These reports will be included in the semi-annual internal monitoring reports to be submitted to ADB.

VIII. MONITORING, REPORTING AND EVALUATION

58. The IPP implementation will be monitored to (i) ensure that mitigation measures designed to address adverse social impacts and enhance positive impacts are adequate and effective; (ii) determine if there are any emerging issues and concerns of the IP community regarding the subproject implementation; and (iii) propose corrective actions when needed.

A. Internal Monitoring

59. The Department of Environment and Natural Resources (DENR) will set up an internal monitoring system comprising of an Indigenous People (IP) Safeguard Officer, IP community and especially the affected IPs through their respective tribe and any other social institutions to monitor the IPP implementation. For daily monitoring of IPP, the Regional Project Coordinating Office (RPCO) will engage one dedicated person at community level, who will interact closely with the affected IP households, and tribe on a priority basis. The staff will also disclose project information, and IP activities and program schedule. Also, the RPCO would also observe progress at construction site and make plan of activities in accordance with IPP schedule in advance. The Implementing RPCO field person should monitor this activity. The Social Safeguards Expert will provide guidance to the RPCO, IP Safeguard Officer to carry out the tasks. Periodic internal monitoring report will also be prepared by the social safeguard’s expert.

60. The Council of Elder (CoE) may form one participatory monitoring group from a community who will monitor implementation activities including IPP and civil construction works. This community level participatory monitoring group will be trained by the RPCO who will work in close association with the community group and give necessary feedback to support internal daily monitoring and supervision of subproject construction and IP activities.

61. The indicators for internal monitoring of the IPP implementation is presented in Appendix 3.

B. External Monitoring

62. An external monitoring agency (EMA) will also be engaged by the DENR. The EMA will be either a qualified individual or a consultancy firm with qualified and experienced staff. Activities to be undertaken by the EMA are as follows:

63. The indicators for external monitoring of the IPP implementation is presented in Appendix 4.

C. Reporting

64. The RPCO will submit quarterly monitoring report to NPCO. The NPCO will consolidate all reports and will prepare periodical reports for submission to ADB. In addition, NPCO will prepare semi-annual social safeguards monitoring report (SMR). The EMA will submit semi-annual reports to NPCO, who in turn, will be responsible for submitting the SMRs to ADB for review and disclosure. Monitoring reports will be uploaded on the ADB and INREMP websites for disclosure.

18

IX. INSTITUTIONAL ARRANGEMENT 65. The Department of Environment and Natural Resources (DENR) is the executing agency for the INREMP and DENR has full responsibility for Project administration and management. The National Project Coordinating Office (NPCO) has been established at the DENR Central office to oversee the project implementation, including all safeguards compliance and technical support in the preparation and implementation of the IPP. The tasks of NPCO are to:

Coordinate with NCIP and field implementing units in the preparation, planning, and if needed, revision of the IPP;

Monitor the IPP implementation and fund disbursement; Address grievances filed at its offices by the IPs for conflict mediation if these are not

resolved at the regional level; and With NCIP, amend or complement the IPP in case problems are identified during the

internal and/or external monitoring of its implementation. 66. The Municipal LGU of Don Carlos is the implementing agency of the subproject. The Municipal LGU is responsible for the following tasks.

Ensure that sufficient funds are available to properly implement the IPP; Ensure that subproject implementation complies with the ADB SPS 2009 and

regulations of the Government and tribal groups; Obtain necessary approval(s) from NCIP and/or other concerned government

agencies prior to commencement of activities; Ensure that tender and contract document for design, supervision and civil works

include the relevant IPP requirements; Facilitate resolution of affected peoples' concerns; Monitor the implementation of the measures specified in the approved IPP; Submit periodic reports of implementation progress to the DENR; Provide funds in capacity building needs identified to capacitate the IP stakeholders

67. Sub-project Management Unit (SPMU) was created by the LGU of Don Carlos through Executive Order No. 06 series of 2016 (Appendix 5). The SPMU is composed of four (4) sub-units: a) Infrastructure Management Unit; b) Social Environmental Safeguards Management Unit; c) Finance Management Unit and d) Monitoring and Evaluation Unit. The SPMU is mainly tasked to ensure that the implementation of the subproject and corresponding IP Plan and EMP are properly executed. Specifically, the SPMUs is expected to:

Prepare, implement and comply with the required social, technical and environmental safeguards, such as, but not limited to resettlement plan, acquisition of right of ways, environmental compliance certificate/ certificate of non-coverage to ensure the readiness of the subproject relative to these;

Incorporate social dimensions to the subproject design and implementation by conducting public consultation, information education and advocacy to the local development council and the communities;

Design and implement strategies and mechanisms to ensure sustainability of the subproject to include cost recovery, among others.

Ensure that IPP provisions are strictly implemented and monitored during the various project phases;

Adopt monitoring and evaluation system to generate baseline data and to monitor and evaluate the benefits and impact of the subproject.

19

68. National Commission Indigenous Peoples (NCIP) has responsibility to observe and comply with its duties and functions as follows.

Protect and promote the interest and well-being of the IPs with regard to their beliefs, customs, tradition and institutions;

Issue appropriate certification as a pre-condition to the issuance of permits, leases, grants or any other similar authority for the disposition, utilization, management, and appropriation by any private individual, corporate entity or any government agency, corporation or subdivision thereof on any part or portion of ancestral domains taking into consideration the consensus approval of the IPs concerned.

Ensure all terms and conditions stipulated in the Contract of Usufruct be respected and implemented and may impose sanctions or penalties for non-compliance with and/or violations of the terms and conditions of the Contract of pursuant to the pertinent provisions of the IPRA and other related Administrative orders and issuances;

Exercise its authority to conduct visitation of the area relative to the applicant’s program in order to secure the conditions and well-being of the ICCs/IPs;

Handle grievances of the IPs if the grievances are not resolved satisfactorily at the level of CoE.

69. The Social Safeguards Specialist of NPCO will assist and work closely with the NPCO, and Municipal LGU of Don Carlos as follows:

The safeguards specialist of NPCO will undertake the supervision and monitoring of the IPP implementation and contractor’s performance.

Closely supervise and monitor the contractor’s implementation of proposed measures specified in the IPP.

Assist the LGU in preparing semi-annual monitoring reports on the progress of the IPP implementation.

Facilitate capacity building needs identified to capacitate the IP stakeholders.

70. The Project Management Implementation Consultants (PMIC) The PMIC will be engaged to assist and work closely with the National Project Coordinating Office, Regional Project Coordinating Office, and concerned LGU on the various activities, including providing capacity to implement and monitor the IP activities.

71. The indicative implementation schedule of the IPP is presented in the table below.

Table 5. Implementation Schedule Activities Indicative Schedule

Setting up of subproject management unit April 2016 Procurement of contractor or bidding process September – November 2019 Review and Approval of the IPP September 2019 Disclosure of the IPP September 2019 Subproject Implementation December 2019-April 2020 Implementation of IPP December 2019 – April 2020 Updating of IPP February 2020 Implementation of mitigation measures and enhancement measures

Start in December 2019

Capacity Building Start in November 2019 Internal Monitoring Continuous, starting 4th quarter 2019 External Monitoring Semi-annual (February and April 2020) Submission of monitoring reports to ADB Semi-annually

20

X. BUDGET AND FINANCING

72. The estimated budget for the implementation of the IPP including the proposed capacity building activities is shown in the table below.

Table 6. Proposed Budget for the Implementation of the IPP Identified Intervention Proposed

Schedule Fund Source Estimated

Budget (Php) A. Capacity Building

Orientation of Indigenous People November 2019 LGU of Don Carlos 5,000.00

Capacity building for the IP beneficiaries

November 2019 LGU of Don Carlos 10,000.00

Capacity building for staff of Municipal and Barangay LGU of Don Carlos

October 2019 Will be sourced from INREMP

10,000.00

B. Implementation of mitigation measures

2019-2020 Will be sourced from INREMP

10,000.00

C. Implementation of enhancement measures

2019-2020 Will be sourced from INREMP

10,000.00

E. Gender Dimension December 2019 Will be sourced from INREMP

10,000.00

F. Grievance Redress Mechanism December 2019 Will be sourced from INREMP

5,000.00

G. Monitoring and Evaluation 2019-2020 Will be sourced from INREMP

10,000.00

H. Contingency (10%) 7,000.00

Total Amount 77,000.00

73. The Municipality of Don Carlos has allocated around Php 60,000.00 in its 2019 Annual Investment Plan (AIP) as Support to Indigenous People. The programs that could be funded by the said amount are related to: (i) support to vocational and livelihoods skills training and technical assistance for women, out-of-school youth and other IP members; (ii) coordination/ networking and partnership development; and (iii) socio-economic program and activities for cooperative/ organizational development, improve additional artworks, craft including development, production and marketing (Appendix 6).

21

Appendix 1. Minutes of the Public Consultation held on August 4, 2017 at Buyot, Don Carlos, Bukidnon

Venue Barangay Covered Court, Brgy. Buyot, Don Carlos, Bukidnon Date August 4, 2017 (Friday) Time 10:43 am Opening Prayer: Vice President, PO BUFA Welcome Address Hon. Reynaldo C. Caday — Punong Barangay of Buyot

Gi pabati sa Kapitan ang iyang mainiton nga "Welcome" sa mga bisita ilabi na sa personahe sa INREMP ug sa taga LGU nga representante. Nag-ingon siya, Gahapon bagsak ta sa KALAHI Program tungod sa rason nga dili kita gatambong kung dunay ipatawag nga meeting, nga kung inyong hunahuna-on para ra man unta ni sa atoa. Karon nga meeting para ni sa atong Rural Infrastructure access road sa programa sa INREMP. Kung naa moy mga pangutanan o problema kabahin sa atong proyekto, palihug lang ayaw kahadlok o panuko sa pag pangutana aron masabtan gayod sa tanan. Gani, naay gusto magpabayad sa usa ka puno-an nga nangka nga basin maigo sa maong proyekto. Alang sa kasayuran sa tanan, ang atong proyekto nag kantidad ug Php 15.8 Million pesos ug sayang kaayo nga mabutang sa lain nga barangay. Busa hangyoon ko kamo nga ato gyod kining suportahan kay kini para kanato ug alang usab sa kalambuan sa atong barangay.

Ang title sa atong project mao ang "Rehabilitation of Buyot Access Road" Funded by Asian Development

22

Bank (ADB). Ang atong proyekto aduna lang 2.0 kilometers and katas-on, kini nagsugod sa junction Provincial Road kanang du-ol sa Elementary School, amo lang gipasiguan and atong budget nga 15.8 million pesos, ang 1.0 km mao ang graveling lang ug ang Ikm mao ang concreting, kadtong dili kayo bakilid mao to ang gi gravel namo , pero kadtong nga bakilid gyod maoy among gihimo nga concreto. Duna poy atong gipangbutangan ug mga culvert. Sa Station 0+000.00 magbutang ta ug 30Ø culvert, Station 0+145.3, Station 1+422.66 katong dapit sa sapa butangan sa may 1.22 mm nga kadak-on sa culvert ug sa Station 1+193.12 nga dunay poy ibutang nga 36Ø nga culvert. Gamay lang ang atong gidakon sa kalsada, duna lamang 5.0 meters ang kalapdon, ug 8 inches ka baga, mag backfill pod ta aron makuha gayod nato ang 5 meters nga design , magbutang pod ug slope protection, adunay shouldering nga 1.0 meter side by side more or less moabot ug 7.0 meters ang total nga kalapdon sa kalsada.

Magandang umaga po sa inyong lahat, kami poy nagagalak sa inyong pag hatag nang oras dito ngayon.

Kaya po tayo nandito para ma i-konsulta po naming sa inyo and ating proyekto tungol sa rehabilitation of access road dito sa brgy. Buyot... ang cost po nito ay 15.8 M... 7meters ang lapad... sana po masuportahan ninyo, kung sino man ang maapektohan alahahanin natin na para sa atin po ito. Akong e- introduce sa inyo si Engr. Jemuel Perino ang aking kasama para sa ating pormal na consultation.

23

Engr. Jemuel Perino: CESM Consultant

Maayong buntag sa tanan, kining atong panagtigum karon dili kini bag-o nga konsultasyon kon dili sumpay lang sa mga nahimo na niadton una. Napasabot gayud sa LGU ang desinyo sa atong proyekto apan aduna lay mga information nga gusto mahibaw-an sa atong funding institution. Sa wala pa ang atong Proyekto or gitawag nato ug Pre-Implementation Phase. Mangutana ako kaninyo, duna bay kauban nato nga belong sa IP community? Kung naa, Unsa nga Tribo?

Augusto Dumangcas (INREMP Beneficiary): Naa, sir Talaandig nga tribo.

Engr. Jem: Kinsa pa ang IP diri?

Leticia Indino: naa poy Bukidnon tribe

Engr. Jem: (describing location of the 7 IP tribes in the province of Bukidnon). Iya pod gipasabot nga 7 ra sad ang pwede maka file ug Ancestral Domain. Kining atong consultasyon karon ato kining edukumento ang proceso para masiguro ang mga tubag karon, ato kining kompletohon para mapadayon ug mahatagan ug pundo. Para sa informasyon sa tanan, ang maghatag ug pondo aning atong proyekto nagikan sa Asian Development Bank kon ABD.

Engr. Jem: Kinsa man ang mogamit anang ayuhonon nga kalsada, kanang atong proyekto karon? Palihug taas sa inyong kamot.

24

In chorus: nagtubag tanan nga "Kami" ug nagpataas pa gyod sa kamot.

Engr. Jem: Gawas sa inyo, kinsa pa ang mogamit? Mga opisina sa gobyerno, naa ba kaha?

In chorus: Ang Local Government Unit, mga habal-habal nga motor, taga DSWD-KALAHI personel, armed forces, ug Dep-Ed ug uban pa.

Barangay Captain Ronaldo C. Caday: Mga personahe pod sa DENR sir... gagamit gihapon.

PO president (BUFA)/ Gregorio Perater: Ang taga LGU pod.

Mr. Primo M. Tagarda-Head Reacher /DepEd: kami gagamit pod duol man sa among eskwelahan.

Jemelito C. Maano (Lumolopyo): Kami nga mga mag uuma ang kanunay makaagi diha.

Engr. Jem: Kanang mag haul mo sa inyong mga produkto?

In chorus: Mogamit sir kay diha man mi moagi ...mag haul sa tubo, mais, rubber ug uban pa.

Jemelito C Maano: kung madagko na ang kahoy nga among gi tanom inig harvest, muagi gyod mi diha.

Engr. Jem: ang taga NCIP nakaabot naba diri o makagamit ba sa kalsada?

Jemelito: Makagamit sir, kay sa una nakaanhi ang NCIP diri.

Engr. Jem: Nangutana ug balik, pila gani kabaga ang atong kalsada?

Engr. Gretchen Andoy— LGU Representative: 8 inches ang kabag-on sa atong proposed road.

25

Engr. Jem: Aduna bay inyong nahuna- hunaan nga mga benepisyo nga makuha anang kalsada?

Mr. Augusto Dumangas/ INREMP beneficiary: Kung maayo na ang maong kalsada, Dali mapagawas ang mga produkto gikan sa uma ug mukonhod usab and bayronon sa hauling.

Engr. Jem: Kung adunay emergency nga mahitabo?

Barangay Capitan Caday: Dali ang pagkuha sa maong pasyente aron madala dayon sa hospital ug maka save pod sa oras kay dali ra ang pagbiyahe.

Engr. Jem: kanang plete sa mga habal-habal?

In chorus: mo minus pod sir...

Engr. Jem: Pananglitan kung adunay manganak? Makatabang ba?

Leticia Indino (housewife): Makatabang kaayo kay dali ang pagtransport sa pasyente.

Engr. Jem: Unsa pa? sa mga kalamidad o emergency, Makatabang kaha?

In Chorus: Makatabang gayod kay dali and pag rescue kay maayo man ang dalan.

Engr. Jem: aduna ba kamoy nahuna-hunaan nga negatibo nga mga epekto sa maong proyekto?

Gregorio Perater - PO President kay 8 inches ra man ang kabag-on sa maong dalan basin dunay magkarga ug bug-at nga tubo ma overload ug maguba ang kalsada...

Engr. Gretchen Andoy (LGU Representative): Magbuhat siguro ug ordinansa and barangay nga gidili ang sobra nga pagkarga aron malikayan and gadaut sa kalsada.

Engr. Jem: Ang mga habal-habal nato, possible nga ma paspas ang dagan nila?

In Chorus: Posibli gyod nga nay madisgrasya, kay maayo man ang atong kalsada pero depended na sa ila kung dili maghinay ug padagan.

Engr. Jem: Dinhi nata karon sa Construction Phase (Pagsugod na ang proyekto)

Engr. Jem: Aduna ba kamoy mga kabalaka kung naay dugang nga mga tawo nga madala sa kontraktor diri sa inyong Barangay? Naa bamoy kabalaka ana?

In chorus: wala sir.

Engr. Jem: Kanang paghimo nila og kampo nga ilang temporary nga tulugan o mabutangan sa ilang makinaryas, dili ba na bikil sa inyo?

26

In chorus: Dili sir kay kana para sa proyekto.

Engr. Jem: Naa bay intrisado sa taga barangay nga motrabaho? Naa ba?

Engr. Jem: Kini nga proyekto dili molampos kung dili moapil ang mga Kaba-ihan, kinahanglan dili mo minus sa 30% ang mga babae ang dapat makatrabaho, puede sila sa time keeper, sabutan nalang sa pag-abot diri sa kontraktor uban ang taga LGU... aron mapahibalo kung unsa ang inyong mga pamalaod diri...labi na sa atong proyekto.

Engr. Jem: Kung aduna na silay kitukod nga kampo, possible nga aduna silay mga sagbot o uban pang mga basura. Unsa palisiya ana sa atong barangay.?

In chorus: Kinahanglan adunay ilang compost pit nga pagahimoon ... ug dunay segregation dayon sa mga basura...

Engr. Jem: Sa pagtrabaho ana, dunay inyong madungog nga saba... naa bay inyong mga kabalaka ana?

Hilario Marinay (PO Vice President): wala sir, o.k ra, naa man gyod nang saba kay mag-andar man and

ilang makinarya labi pa sad, para sa kaayuhan man na sa tanan sir...

Engr. Jem: Mag-agi agi man ang mga sakyanan labi na sa hauling sa mga grabas o yuta ... makasinati ug abog ... madawat ba ninyo, unsa man ang inyong re-aksyon ana?

In chorus: Wala, madawat ra kay mao gyod na basta adunay proyekto, total dili man permanente.

Engr. Jem: Dawbi kung makasinati ug abog kaayo unsa man ang inyong ma sugyot ana sa kontraktor? Sa uban, pa bisbisan man nila.

In chorus: walay problema sa amo sir.

Engr. Jem: Ang pag andar sa sakyanan, ang aso makahilo... wala ba ni bikil sa inyo?

In chorus: Dili ra bikil sir.

Engr. Jem: Ang mga senior citizen?

In chorus: Ipalayo lang sila sir o butangan lang ug tabon ang ilong.

Engr. Jem: Kung duna poy gipangbutang nga mga babag sama sa kahoy, dili ba makaapekto sa inyo?

Letecia Engbino: Kung naa may gibutang nga babag sa contractor, hangyu-on lang nga butangan og

agianan para sa mga tawo o maghimo ug detour nga agi-anan aron dili madisturbo ang project.

27

Engr. Jem: Naay possibilidad nga moadto ang yuta sa sapa... dili ba ni makadisturbo sa inyo?

Barangay Captain Ronaldo C. Caday: Wala nay problema kang ang among sapa walay gapangisda.

Hilario Marinay - PO Vice President: Akong isugyot nga Riprapan kung naay portion nga modahili.

Engr. Jem: Ang mga estudyante kaha?

In chorus: Dili ra maapektohan kay lahi ra ang dalan paadto sa eskwelahan.

Engr. Jem: Karon nga kalit-kalit ang pag-ulan, possible gyod nga malangan ang trabaho? Mapasaylo ba

ninyo kung mahitabo nga malangan ang atong proyekto? Pila gani ga bulan ang duration sa project?

Engr. Cesar Nuarin: Adunay 8 ka bulan.

In chorus: Wala nay problema sir, la man tay mahimo, ting-ulan man, basta tiwason gyod ang project.

Engr. Jem: Kung nahuman na maong proyekto, ang mga habal-habal nga magpadagan ug kusog, Aduna bay polisiya sa barangay mahitungod sa speed limit.

Barangay Captain Reynaldo C. Caday: naa sir, aron malikayan and disgrasya.

Engr. Jem: Possible nga modaghan ang mga tawo nga moanhi diri sa inyong barangay, dili ba ni siya makasamok sa inyo? Na aba moy Tourist Spot?

Hilario Marinay - PO Vice President: wala may tourist spot diri, naa fish pond ra.

In chorus: mas ganahan mi kung daghan ang makaanhi diri aron Makita pod nila ang among barangay.

Engr. Jem: Ang serbisyo sa gobyerno, makatabang kaha kung maayo na ang dalan?

In chorus: Makatabang!

Barangay Capitan Reynaldo C. Caday: Tinu-od gyod sir nga makatabang, kay dali ang pag-abot sa mga serbisyo sa goberno labi nga gayod sa panglawas nga aspito. Daghan ang hinabang nga moabot.

Engr. Jem: Nasayod ba mo nga ang brgy buyot nasulod sa aprobado nga Ancestral Domain?

Jilly C. Sialana (Lumolopyo). Nakadungog ko sir, gusto lang nako ma klaro karon kung apil ba ang ranso.... Kay ang buyot nasakop na daw sa NCIP.

Engr. Jem: Tinuod na, ang Barangay Buyot apil sa Ancestral Domain pero dili mo angay mabalaka ana, ang dili lang mahilabtan kadtong mga sacred ground, burial grounds mga gibantayan sa mga nitibo. Ayaw mo ug tuo nga kung ma Ancestral Domain na, ipahawa mo, gawas kung dili mo gusto magpasakop sa

28

Ancestral Domain. Ang mga forestland maoy kasagaran nga maaplayan sa Ancestral Domain, kung dunay mga titulado nga yuta dinhi, dili na mapahawa. Dako og kaayohan kung inyo silang suportahan.

Engr. Jem: Makaapekto bana sa kultura?

Augusto Dumangcas: Dili, Kaayohan ang mahatag sir.

Engr. Jem: Kinsa diri ang nagpuyo daplin sa kalsada?

Engr. Jem: Aduna pa bay mga ihalas nga mga nabilin diri?

In chorus: Wala na gyod sir...

Engr. Jem: Nadungog naman ninyo ang mga kabalaka, sa inyong tan-aw, ipadayon ba nato ang atong proyekto?

In chorus: Ipadayon gyod nato sir!

Mr. Primo M. Tagarda- Head Teacher /DepEd:

Duna lang koy gusto mapa-abot sir, wala mi magdahom nga mag open ug integrated school diri sa barangay buyot, naay portion sa dalan nga maigo sa itukod nga eskwelahan, kay sa tunga man to nag-agi

and atong dalan, kami sa DEPEd nabalaka kay duol kayo ang kalsada, peligro sa mga bata kay naa ra gyod sa kilid sa pagatukuron nga Eskwelahan, and suggestion sa among SGOD, iplastar lang and kalsada.

LGU: Amo sang hisgutan uban sa Barangay Officials ug sa DepEd ang mga options.

Engr. Jem: Kadtong maapektohan ang nangka, naa bay kasabutan o waiver?

Barangay Captain Reynaldo C. Caday: Dili na to ma-apil ang nangka, wala tay ikabalaka.

Engr. Jem: Kung mao kana, dili nata angay mabalaka. Daghang Salamat!

Closing remarks: Mrs. Teofila Misa — Barangay Kagawad

Time ended: 11:50A.M

Prepared by: Certified true and correct by:

Minutes of the Public Consultation held on August 4, 2017 (English Translation):

29

Yesterday, we failed in the KALAHI Program because of the reason that we are not attending for any meetings being called that when you come to think of it, this is for our own good. If you have any questions or problems regarding the project, please do not be afraid or hesitate to ask so that it will be understood by all. Somebody wanted to be compensated for a Nangka tree which may be affected by the project. For the information of everyone, our project costs Php 15.8 Million pesos and it would be a pity if this would be allocated to another barangay. Hence, I would like to request that we support this project since this is for our own good and for the development of our barangay.

Engr. Gretchen Andoy: The tile of our project is “Rehabilitation of Buyot Access Road” funded by the ADB. Our project only has a total length of 2 kilometers starting from the junction of the provincial road near the elementary school. We simply based this on the allocated budget of 15.8 M in which 1 km will be graveled and 1 km will be concreted; those portions which are low in slope will be graveled and those with high slopes will be concreted. There will also be portions where culverts will be placed. In station 0+000, a culvert will be placed so as in station 0+145.3, station 1+422.66 near the stream with 1.22mm culvert size and station 1+193.12 where a 360 culvert will also be placed. The road will have 5.0-meter width and 8 inches thickness. Backfilling will also be made in order to get the 5-meter width design, slope protection will also be placed including shouldering of 1.0-meter side by side. More or less, the width would be about 7 meters.

Engr. Nuarin: Good morning to everyone. We are very glad that you have given us time. The reason why we are here is so that we would be able to consult you regarding the rehabilitation of the access road here in Brgy. Buyot. The cost of this is 15.8 M, 7 meters width. We hope that you will support this. Whoever will be affected by this, please bear in mind that this is for our own good. Let me introduce to you Engr. Jemuel Perino for the formal consultation.

Engr. Jem: Good morning to everyone. Our assembly/ meeting today is not a new consultation but continuation of the previous consultations that have been made. The LGU has already explained the design of the project and that there is just several information that the funding institution wanted to know. Before asking regarding the project’s pre-implementation phase, I would just like to ask if we have companions here who belong to an IP community? If there are, what tribe?

Augusto: There is sir, Talaandig tribe.

Engr. Jem: Who are other IPs here?

Leticia: There is also Bukidnon tribe.

Engr. Jem: (Describing the major locations of the 7 IP tribes in the province of Bukidnon. He also explained that there will only be 7 tribes who would be able to file for ancestral domain in the province. The process of the consultation today will be documented so that we will be able to ensure the answer. How, we will complete this so that this will be continued and given funding. For the information of everyone, the ADB is the funding institution of this project.

Engr. Jem: Who will use the road to be rehabilitated? Please raise your hand.

In chorus: We (everyone raised their hand)

Engr. Jem: Aside from you, who will use? Are there government offices?

In chorus: The LGU, habal-habal drivers, DSWD-KALAHI personnel, armed forces, DepEd and others.

Brgy Capt: Personnel of the DENR will also use sir.

PO Pres: The LGU will also use.

Mr. Tagarda: We use the road since it is near our school.

30

Jemelito: We who are farmers frequently use the road.

Engr. Jem: Those who will haul your products?

In chorus: they will use sir since they will be passing the road… those who will haul the sugarcane, corn, rubber and others.

Jemelito: If the trees that we have planted will be harvested, surely, we will pass the road.

Engr. Jem: Has the NCIP reached here or will they be using the road also?

Jemelito: They can use sir since the NCIP was able to arrive here before.

Engr. Jem: I will ask again, how thick is the road?

Engr. Andoy: The thickness of the proposed road is 8 inches.

Engr. Jem: Are there any benefits that you can think from the rehabilitation of the road?

Mr. Augusto: If the road will be rehabilitated, there will be ease in the transportation of products from the farm and the cost of hauling will decrease.

Engr. Jem: If are emergencies that will happen?

BC: The patient will easily be transported to the hospital and will save time.

Engr. Jem: The habal-habal fare?

In chorus: it will also reduce sir.

Engr. Jem: Example if there will be pregnant women in labor, would it also help?

Leticia: It will surely help since it will provide easy transport of the patient.

Engr. Jem: What else? In times of calamities or emergencies, will this help?

In chorus: it will surely help since the rescue effort will be easy due to the rehabilitated road.

Engr. Jem: Are there any negative effects that you can think of from this project?

Gregorio: Since the thickness of the proposed road is only 8 inches and there will heavy truckloads of sugarcane which may damage the road.

Engr. Andoy: The Barangay should perhaps formulate an ordinance not allowing heavy truckloads to prevent damages of the road.

Engr. Jem: Our habal-habal, would it be possible that they will be over speeding?

In chorus: There is surely a possibility sir since the road is already rehabilitated but it will depend on them if they will not slow down their speed.

Engr. Jem: Assuming we are at the Construction phase, do you have any concerns if there will be additional people which the contractor will bring here in your barangay? Do you have any concerns on that?

In chorus: No sir.

Engr. Jem: When they will make their camp/ bunkhouse and their equipment, will it not give you any inconvenience?

In chorus: No sir since it is for the project.

31

Engr. Jem: Are there anyone from the barangay interested to work? Are there any?

Engr. Jem: This project will not succeed if the women will not participate. It is required that not less than 30% are women should participate maybe as time keeper. This would have to be discussed with the contractor and the LGU to inform you regarding the project and you could also inform them regarding your policies here.

Engr. Jem: If there will be a bunkhouse that will be made, would it be possible that they will have wastes or other garbage? What is the barangay’s policy on this?

In Chorus: They should make their own compost pit and there should be segregation of wastes.

Engr. Jem: During construction, you will hear loud noise, do you have any concern on this?

Hilario: No sir. This is just alright. There would surely be noise since the machines are running and this would be for the good of everyone.

Engr. Jem: The vehicles hauling for gravel and soil will frequently pass the road and you will be able to experience dust; would this be alright with you or do you have any reaction on this?

In chorus: no sir. That is usually the scenario if there are projects. Anyway, it is not permanent.

Engr. Jem: If you will experience a scenario which is very dusty, do you have any suggestion to the contractor? In other areas, they will resort to the sprinkling of water.

In chorus: no problem with us sir.

Engr. Jem: When the machineries will operate, the smoke can affect you. Will this not cause any inconvenience on your part?

In chorus: Not an inconvenience at all sir.

Engr. Jem: For the senior citizen?

In chorus: They should just distance themselves from the operation and cover their noses.

Engr. Jem: If there will be obstruction (during construction) that will be placed such as wood, will this not affect you?

Letecia: If the contractor will place some obstruction, we will just request that a detour or alternative route will be provided for the people so that the project will not be disturbed.

Engr. Jem: There would also be the possibility that soil will go to the streams; will this not disturb you?

BC: No problem with that sir since nobody is fishing in the streams.

Hilario: I suggest provision of ripraps if there are portions that will have some landslide.

Engr. Jem: How about the students?

In chorus: they will not be affected since there is another route going to the school.

Engr. Jem: Now that there are instances when rain suddenly occurs, would the construction/ rehabilitation be delayed? Would it be alright with you if there will be delays in the project? How many months is the project’s duration?

Engr. Cesar: There will be 8 months.

In chorus: No problem with that sir. We cannot do anything during sudden rains so long as the project would really be completed.

32

Engr. Jem: If the project will be completed, the habal-habal will then be over speeding. Does the barangay have any policy on speed limit?

Brgy Capt: We have sir to avoid accidents.

Engr. Jem: It would also be possible that a number of people will come to your barangay, will this not cause any inconvenience on your part? Do you have any tourist spot?

Hilario: there is no tourist spot here sir only fishpond.

In chorus: We will be happy if there will be people coming over sir so that they would also be able to see our barangay.

Engr. Jem: Regarding government’s services, would the rehabilitated road help?

In chorus: it can help.

BC: it will really help since the government’s services would easily come to our barangay particularly on the health aspect. There would assistance that will come.

Engr. Jem: Do you know that Brgy. Buyot is within an approved ancestral domain?

Jilly: I have heard sir and I would like to clarify if the ranch will be included because Buyot has accordingly been under the NCIP.

Engr. Jem: That is true. Barangay Buyot is included in the ancestral domain but you do not need to worry about this. Those sacred ground would surely not be disturbed such as burial ground or those guarded by the IPs. Do not trust anyone who says that if is already ancestral domain, you will already be forced out except if you do not want to be part of the ancestral domain. Those forestlands are surely the areas being applied for ancestral domain. If the areas are already titled, it will not be evicted. There will be benefits if you will support them.

Engr. Jem: Would the rehabilitation of the road affect the culture?

Augusto: No. it will provide benefits.

Engr. Jem: Are there any wildlife left here?

In chorus: no more sir.

Engr. Jem: you have heard regarding some concerns, in your view, should the project be continued?

In chorus: let us continue it sir.

Primo/ head teacher: I would just like to convey something sir, we have not anticipated that an integrated school will be constructed here in brgy. Buyot. A portion of the road will travers where the said school will be constructed since the road passes through the center. We are worried since the road would be very near the school which would be dangerous to the school children. Our SGOD suggested to situate the road in the right place.

LGU: we will just discuss this with the brgy. Officials and DepEd regarding the options.

Engr. Jem: Regarding the Nangka tree, is there an agreement or waiver?

BC: The Nangka tree will no longer be affected. We have nothing to worry.

Engr. Jem: If that is the case, we need not worry. Thank you very much.

33

Appendix 2. Contract of Usufruct with Manobo-Kirenteken-Ilantungon IP Community and the Resolution of Consent

34

35

36

37

38

39

40

41

42

Resolution of Consent

43

Resolution of Consent (English Translation) Excerpt from the minutes of the meeting attended by the tribal council of the ICCs/ IPs in Barangay Buyot, Municipality of Don Carlos, Province of Bukidnon, held on July 13, 2018. Resolution of Consent from the ICC of the barangay for the Integrated Natural Resources Environmental Management Project of the DENR which has four (4) components on the environment and livelihood for the residents and Indigenous Peoples in the barangay. WHEREAS, the DENR has an INREMP which helps the Peoples Organization or Indigenous Peoples Organization on the planting of trees, infrastructures and others; WHEREAS, the RA 8371, has given rights and power to the IPs not to implement projects of the government which has not undergone the proper conduct of information dissemination to the IPs involved where the project is located and to give consent or non-consent to it; WHEREAS, this DENR project will help restore the environment including the provision of livelihood; Therefore, we the members of the council who are representatives of the Tribe will freely give our consent of the INREMP of the DENR. This resolution will be signed this 13th day of July, 2018 in the ABC Hall, Municipality of Don Carlos, Bukidnon.

44

Appendix 3. Internal Monitoring Indicators (Adapted from ADB’s Handbook on Resettlement: A Guide to Good Practice, 1998)

Monitoring Indicators Basis for Indicators 1. Budget and Timeframe Have capacity building and training activities been

completed on schedule?

Are IPP and MOA activities being implemented and targets achieved against the agreed time frame?

Are funds for the implementation of the IPP/ADSDPP allocated to the proper agencies on time?

Have agencies responsible for the implementation of the IPP/ADSDPP received the scheduled funds?

Have funds been disbursed according to the IPP/ADSDPP?

Has social preparation phase taken place as scheduled?

Has all clearance been obtained from NCIP?

2. Public Participation and Consultation

Have consultations taken place as scheduled including meetings, groups and community activities? Have appropriate leaflets been prepared and distributed?

Have any Aps used the grievance redress procedures? What were the outcomes?

Have conflicts been resolved?

Was the social preparation phase implemented?

Were separate consultations done for Indigenous Peoples?

Was the conduct of these consultations inter-generationally exclusive, gender fair, free from external coercion and manipulation, done in a manner appropriate to the language and customs of the affected IP community and with proper disclosure?

How was the participation of IP women and children? Where they adequately represented?

3. Benefit Monitoring What changes have occurred in patterns of occupation, production and resources use compared to the pre-project situation?

What changes have occurred in income and expenditure patterns compared to pre-project situation? What have

45

been the changes in cost of living compared to pre-project situation? Have APs’ incomes kept pace with the changes?

What changes have taken place in key social and cultural parameters relating to living standards?

What changes have occurred for IPs?

Has the situation of the IPs improved, or at least maintained, as a result of the project?

Are IP women reaping the same benefits as IP men?

Are negative impacts proportionally shared by IP men and women?

46

Appendix 4. External Monitoring Indicators (Adapted from ADB’s Handbook on Resettlement: A Guide to Good Practice, 1998)

Monitoring Indicators Basis for Indicators 1. Basic Information on AP Households

Location Composition and structures, ages, education and skill

levels Gender of household head Ethnic group Access to health, education, utilities and other social

services Housing type Land use and other resource ownership and patterns Occupation and employment patterns Income sources and levels Agricultural production data (for rural households) Participation in neighborhood or community groups Access to cultural sites and events Value of all assets forming entitlements and resettlement

entitlements 2. Levels of AP Satisfaction How much do IPs know about grievance procedures and

conflict resolution procedures? How satisfied are those who have used said mechanism?

How much do the affected IP communities know about the IP framework?

Do they know their rights under the IP framework? How much do they know about the grievance procedures

available to them? Do they know how to access to it? How do they assess the implementation of the

IPP/ADSDPP? 3. Other Impacts Were there unintended environmental impacts?

Were there unintended impacts on employment or incomes?

4. IP Indicators Are special measures to protect IP culture, traditional resource rights and resources in place?

How are these being implemented? Are complaints and grievances of affected IPs being

documented? Are these being addressed? Did the project proponent respect customary laws in the

conduct of public consultations, in IPP/ ADSDPP implementation, in dispute resolution?

Were the public consultations intergenerationally inclusive?

Were women and children proportionally represented? Were representatives of the NCIP present in the public

consultations? During the monitoring of IPP/ADSDPP implementation?

47

Appendix 5. Executive Order Creating the Don Carlos INREMP RI SPMU

48

 

   

49

Appendix 6. Excerpt from the 2019 Municipal Annual Investment Plan

50