Screening for Indigenous Peoples World Bank Guidelines Recommended Guidelines and Approach for Treatment of Indigenous People

ESS 24 to reduce the physical isolation of communities, thereby allowing them to more equitably share in the social and economic gains of development activities available to other communities. At the same time efforts need to be made not to unduly disrupt the social values and distinct cultural traditions of indigenous peoples. Setting out a fixed procedure for dealing with indigenous peoples is difficult since each project and types of impacts are likely to vary considerably. What is required is sensitivity to the unique needs and concerns of each group. Planners must exercise judgment in identifying which communities and groups will require special attention. The World Bank identifies indigenous peoples as .... social groups with a social and cultural identity distinct from the dominant society that makes them vulnerable to being disadvantaged in the development process” Operational Directive 4.10. The concern of the World Bank is that peoples so identified share in the development process, but in a manner which does not disrupt or damage their unique socio-cultural heritage. Isolated Vulnerable Peoples Masyarakat Terasing, previously translated as Isolated Peoples commonly referred to now as Komunitas Adat Terpencil are not necessarily culturally or ethnically different in the eyes of the GOI but are physically residing in remote areas having poor communications and access to services.

10.2 Government of Indonesia Approach

In general terms, Bina Marga believes that the construction of newimproved roads in the vicinity of Isolated Vulnerable People provides considerable benefits to those people but accept that there are also some disbenefits to such people. These views being based on the post construction evaluation of some projects and other reports, including the recently completed VI study Independent Monitoring and Evaluation of the Impact of Kabupaten Road Projects on Isolated Peoples for Regions in Sumatra and Kalimantan and a similar study done by Universitas Cendrawasih in Irian Jaya. For the purposes of Road and Bridge Development, Isolated Vulnerable Peoples are deemed to include, at least, those identified in Departement Sosials Data dan lnformasi Pemberdayaan Adat Terpencil 2002 and Basil Pendekatan sosial Budaya 19951996. However, prior to proceeding with the detailed planningdesign of any newimproved road in a remote area, the latest available information on Isolated Vulnerable Peoples should be obtained from the appropriate offices of Dinas Sosial at Province and Kabupaten and from the local community and NGOs. In particular, it is thought that improved accessibility, due to the availability of a newimproved road, will provide the Isolated Vulnerable Peoples with better access to education and health facilities, and economic opportunities. Potential disbenefits include exploitation by persons from outside of the community, a loss of identifyculture and an inability to fulfill newly created opportunities, due to a lack of trainingeducationfinancial resources.

10.3 Screening for Indigenous Peoples

It is essential that all sub-projects are screened for any potential impact on indigenous peoples at the earliest opportunity in the planning process. In practical terms the particular difficulty however with indigenous people is that it can be difficult to define with any decree of accuracy who are indigenous peoples and where they are located. Precisely who the indigenous peoples are and where they are located are outside the scope of this project and advice will be sought from NGOs, the local community, or Kabupaten or Provincial Government. In order to ensure that appropriate actions are taken, any sub- project within WINRIP located within 10 kilometers of any known indigenous peoples will be screened to determine whether further studies are necessary, such as a Social Impact Assessment SIA or an Indenous Peoples Planning Framework IPPF.

10.4 World Bank Guidelines

The World Bank have prepared a set of guidelines OP. and BP. 4.10 for road projects passing through or close to Indigenous Peoples. These guidelines provide a suitable approach for dealing with Indigenous Peoples in the context of the WINRIP. The following section outlines firstly the Banks guidelines for dealing with indigenous peoples and secondly outlines the GOI procedures and processes.

10.5 Recommended Guidelines and Approach for Treatment of Indigenous People

Guidelines ESS 25 Where it is determined that a subproject will pass close to within 10 km or through an indigenous people community, a process will be followed to ensure full consultation, participation and consent of all peoples. The social and economic benefits of the road should be in harmony with their cultural preferences. This is in accordance with the World Banks OD 4.10 on guidelines for indigenous peoples and present GOI recommendations. • Provide full consultation and participation with the Indigenous Peoples; • Avoid or minimize potentially adverse effects of such sub-projects. In order for meaningful consultation and participation to take place, several steps will be put in place, including: • Information dissemination will be in the local language or languages; • A representative leader and an NGO representative or a social scientist knowledgeable in the Indigenous Peoples history and tradition will always be present in all discussions with clusters of indigenous peoples; and • All meetings will be recorded and shared with the concerned groups. Approach If Indigenous Peoples are identified as being potentially adversely affected an Indigenous Peoples Planning Framework IPPF should be prepared. This sets out: a The types of programs and subprojects likely to be proposed for financing under the project; b The potential positive and adverse effects of such programs or subprojects on Indigenous Peoples; c A plan for carrying out the social assessment for such programs or subprojects; d A framework for ensuring free, prior, and informed consultation with the affected Indigenous Peoples’ communities at each stage of project preparation and implementation see paragraph 10 of this policy. e Institutional arrangements including capacity building where necessary for screening project-supported activities, evaluating their effects on Indigenous Peoples, preparing IPPs, and addressing any grievances; f Monitoring and reporting arrangements, including mechanisms and benchmarks appropriate to the project; g Disclosure arrangements for IPPs to be prepared under the IPPF. The Social Assessment: • The breadth, depth, and type of analysis required for the social assessment are proportional to the nature and scale of the proposed project’s potential effects on the Indigenous Peoples. • The social assessment includes the following elements, as needed: a A review, on a scale appropriate to the project, of the legal and institutional framework applicable to Indigenous Peoples. b Gathering of baseline information on the demographic, social, cultural, and political characteristics of the affected Indigenous Peoples’ communities, the land and territories that they have traditionally owned or customarily used or occupied, and the natural resources on which they depend. c Taking the review and baseline information into account, the identification of key project stakeholders and the elaboration of a culturally appropriate process for consulting with the Indigenous Peoples at each stage of project preparation and implementation see paragraph 9 of this policy. d An assessment, based on free, prior, and informed consultation, with the affected Indigenous Peoples’ communities, of the potential adverse and positive effects of the project. Critical to the determination of ESS 26 potential adverse impacts is an analysis of the relative vulnerability of, and risks to, the affected Indigenous Peoples’ communities given their distinct circumstances and close ties to land and natural resources, as well as their lack of access to opportunities relative to other social groups in the communities, regions, or national societies in which they live. e The identification and evaluation, based on free, prior, and informed consultation with the affected Indigenous Peoples’ communities, of measures necessary to avoid adverse effects, or if such measures are not feasible, the identification of measures to minimize, mitigate, or compensate for such effects, and to ensure that the Indigenous Peoples receive culturally appropriate benefits under the project Construction Period During construction of the road, the DGRI and the subproject contractor should meet with the Indigenous Peoples community leaders to discuss the contractors works schedule program and any potential problems, so as to ensure good relations between both the community and the contractor throughout the construction period. During construction of the road to provide job opportunities on-site to the inhabitants of the Indigenous Peoples community. If necessary, training should be provided, so that they can actively participate in the road development.

11. ADDITIONAL COMMUNITY CONSULTATION REQUIREMENTS