LAO PEOPLE’S DEMOCRATIC REPUBLIC PEACE INDEPENDENCE DEMOCRACY UNITY PROSPERITY MINISTRY OF PUBLIC WORKS AND TRANSPORT DEPARTMENT OF ROADS   ➢ The Southeast Asia Regional Economic Corridor and Connectivity Project(P176088) FEASIBILITY STUDY AND ENVIRONMENT AND SOCIAL ASSESSMENT (ESA) STUDY FOR IMPROVEMENT AND MAINTENANCE OF NATIONAL ROAD 2 Local Road Climate Resilient Improvement and Maintenance in Luang Prabang Province (Local Road Number 2571, 2652 and 2931-3170) VOLUME 6A Ethnic Groups Engagement Plan (EGEP) CONSULTANT: DONG IL ENGINEERING CONSULTANTS DONGSUNG ENGINEERING LAO TRANSPORT ENGINEERING CONSULTANT May 2023 EGEP for Local Road No. 2571, 2652, 2931-3170, Luangprabang Province Abbreviations and Acronyms AHs Affected Households ARAP Abbreviated Resettlement Action Plan AVs Affected Villages CEDAW Committee on the Elimination of Discrimination against Women COC Code of Conducts COI Corridor of Impact DEA Ethnic Affairs Department CHS Community Health and Safety CSC Construction Supervision Consultant DOR Department of Roads DPC Department of Planning and Cooperation DPWT Department of Public Works and Transport at Provincial Level DRO District Resettlement Office EDPD Environmental Research and Disaster Prevention Division EG Ethnic Group EGEP Ethnic Groups Engagement Plan EGPF Ethnic Groups Policy Framework ESCOP Environment Code of Practice ESMF Environment and Social Management Framework ESMP Environment and Social Management Plans ESS Environmental and Social Standard E&S Environment and Social ESU Environment and Social Unit FGD Focus Group Discussions FPIC Free, Prior and Informed Consent GBV Gender-based Violence GDP Gross Domestic Product GHG Greenhouse Gas GOL Government of Lao PDR GRC Grievance and Redress Committee GRM Grievance Redress Mechanism HH Household HIV/AIDS Human Immunodeficiency Virus/ Acquired Immune Deficiency Syndrome km Kilometer LFNC Lao Front for National Construction LFND Lao Front for National Development LOS Level of Service LWU Lao Women Unions M Million MOICT Ministry of Information, Culture and Tourism MPWT Ministry of Public Works and Transport NRA (Lao) National Regulatory Authority Feasible Study (FS) and Environment and Social Assessment (ESA) Study for the Improvement and Maintenance of National Road 2 i EGEP for Local Road No. 2571, 2652, 2931-3170, Luangprabang Province NR National Road NSEDP National Socioeconomic Development Plan NTFP Non-Timber Forest Products OCHS Occupational Community Health and Safety O&M Operations and Maintenance OPBRC Output- and Performance-Based Road Contract OPWT Provincial Public Works and Transports Office at District level PAP Project Affected Persons PAH Project Affected Household PDO Project Development Objective Lao PDR Lao People’s Democratic Republic PIU Project Implementation Unit PMU Project Management Unit PTI Public Transport Institute RMF Road Management Fund ROW Right of Way PRO Project Resettlement Office RPF Resettlement Policy Framework SEA Sexual Exploitation and Abuse STI Sexually Transmitted Infection UXO Unexploded Ordinance VAC Violence Against Children WB World Bank Feasible Study (FS) and Environment and Social Assessment (ESA) Study for the Improvement and Maintenance of National Road 2 ii EGEP for Local Road No. 2571, 2652, 2931-3170, Luangprabang Province Table of Content Abbreviations and Acronyms ....................................................................................................... i Table of Content .......................................................................................................................... 1 List of Figures ............................................................................................................................. 3 List of Tables ............................................................................................................................... 3 Executive Summary .................................................................................................................... 4 Objective of EGEP .................................................................................................................. 4 Ethnic Groups in the Project Area ........................................................................................... 5 Potential Project Impact on Ethnic Groups ............................................................................. 5 Measures to Minimize Impacts on Ethnic Groups .................................................................. 5 Proposed Action Plan for EGEP ............................................................................................. 5 Legal and Policy Framework .................................................................................................. 6 Implementation Arrangements ................................................................................................ 6 Grievance Redress Mechanism ............................................................................................... 6 Monitoring and Reporting ....................................................................................................... 7 Budget and Financing .............................................................................................................. 7 1 INTRODUCTION ................................................................................................................. 8 1.1 Objective of EGEP ............................................................................................................ 8 1.2 Project description ............................................................................................................ 9 1.3 Location of the local roads No 1221 and 1228 .............................................................. 11 1.4 Project benefits and potential impacts .......................................................................... 14 2 Legal and institutional framework concerning Ethnic Groups ...................................... 16 2.1 Country's Constitution (amended 2015) ....................................................................... 16 2.2 Local Administration Law of Lao PDR (amended 2015) ............................................ 17 2.3 Decree No 207/GoL (20/03/2020) on Ethnic Affairs ..................................................... 17 2.4 Ethnic Minority Policy (1992) ........................................................................................ 17 2.5 The 9th National Socioeconomic Development Plan (2021-2025) ............................... 18 2.6 Land Law (2019) .............................................................................................................. 19 2.7 National Guideline on Consultation with Ethnic Groups ............................................ 19 2.8 Law on Grievance Redress or the revised Law on Handling Petitions 012/NA ........ 20 2.9 The Law on Gender ......................................................................................................... 20 2.10 Relevant International Agreements ............................................................................... 21 2.11 Institutional Responsibility ............................................................................................. 22 3 Social Assessment and Consultations ................................................................................ 23 3.1 Social Assessment ............................................................................................................ 23 3.2 Consultations and Information Disclosure ................................................................... 24 3.2.1 Consultation Meeting ...................................................................................................... 24 3.2.1.1 Positive impacts: ........................................................................................................ 25 3.2.1.2 Potential risks and negative impacts ....................................................................... 25 Feasible Study (FS) and Environment and Social Assessment (ESA) Study for the Improvement and Maintenance of National Road 2 1 EGEP for Local Road No. 2571, 2652, 2931-3170, Luangprabang Province 3.2.1.3 Proposed mitigation measures and actions: ........................................................... 26 3.2.1.4 Proposed mitigation measures and support required by men and women: ........ 26 3.2.1.5 Did project beneficiaries, project affected people or households (PAPs/PAHs), or other stakeholders consulted support the proposed project? ................................................. 26 3.2.1.6 Road Safety (During and after the completion of construction- short term and long-term impacts): ..................................................................................................................... 27 3.2.1.7 The perception on the disaster caused by road project and proposed mitigation measures 27 3.2.1.8 The gender perspective ............................................................................................. 28 3.2.2 Focus Group Discussions and In-depth Discussion ...................................................... 29 3.2.3 Free, Prior and Information Consent ............................................................................ 30 4 Ethnic Groups in the Project Area .................................................................................... 31 4.1 Overview........................................................................................................................... 31 4.2 Methodology and Approach adopted for the Ethnic Group Identification ............... 31 4.3 Household Census Surveys ............................................................................................. 32 4.4 Ethnic Community Profile and Classification .............................................................. 32 4.5 Ethnic Groups in the Project Province.......................................................................... 34 4.6 General Socio-economic Profile of Ethnic Minorities in the Project Area ................ 35 4.6.1 Gross Income and Expense per Year in all Villages .................................................... 35 4.6.2 Land Use........................................................................................................................... 37 4.6.3 Gender .............................................................................................................................. 39 4.7 Socio-economic Census of Affected Households due to Land Acquisition................. 39 4.7.1 Affected Households ........................................................................................................ 39 4.7.2 Religions of Affected Households ................................................................................... 40 4.7.3 Infrastructure and Facilities Conditions ....................................................................... 40 4.7.4 Access to Education and Health Services ...................................................................... 43 4.7.5 Level of Education of Affected Households .................................................................. 45 4.7.6 Main Occupations............................................................................................................ 47 4.7.7 Poor and Vulnerable Households .................................................................................. 47 5 Adverse and Positive Impacts of the Project .................................................................... 48 5.1 Positive Impacts ............................................................................................................... 48 5.2 Negative Impacts ............................................................................................................. 49 5.3 Summary of Impacts and Mitigation............................................................................. 50 5.4 Engagement Plan ............................................................................................................. 54 5.4.1 Key Actions under EGEP ............................................................................................... 54 5.4.2 Grievance Redress Mechanism (GRM) with EG Participation .................................. 54 5.4.3 Nomination of EG Focal Persons ................................................................................... 56 Feasible Study (FS) and Environment and Social Assessment (ESA) Study for the Improvement and Maintenance of National Road 2 2 EGEP for Local Road No. 2571, 2652, 2931-3170, Luangprabang Province 5.4.4 Participatory monitoring: ............................................................................................... 56 5.4.5 Institutional arrangement ............................................................................................... 56 6 Monitoring and Reporting .................................................................................................. 57 6.1 Ongoing Monitoring and Reporting: ............................................................................. 57 6.2 Impact Monitoring: ......................................................................................................... 57 6.3 Participatory Monitoring................................................................................................ 57 7 Implementation Budget ...................................................................................................... 58 List of Figures Figure 1. Location of Local Roads as approved by DOR, MPWT .............................................. 12 Figure 2. Location of Local Road No. . 2571, Luangprabang City, Luangprabang Province ..... 13 Figure 3. Location of Local Road No. 2652, Chomphet District, Luangprabang Province ......... 13 Figure 4: Location of Local Road No. 2931,3170 XiengNguen District, Luangprabang Province ....................................................................................................................................................... 14 Figure 5. Grievance Resolution Flow Chart .................................................................................. 56 List of Tables Table 1. International treaties and conventions in Lao PDR ........................................................ 21 Table 2. Date and Participants of Public Consultation Meetings in each Village ......................... 29 Table 3 . FPIC Process .................................................................................................................. 30 Table 4. List of Ethnic Community under Lao-Tai Linguistic Group .......................................... 33 Table 5. List of Ethnic Groups under Mon-Khmer Linguistic Family ......................................... 33 Table 6. List of Ethnic Group under Hmong-Iewmien Linguistic Family .................................... 34 Table 7. List of Ethnic Groups under Chinese-Tibetan Linguistic Family ................................... 34 Table 8. Language Family Description Ethnic sub-groups in the Project Area ........................... 35 Table 9. Main Livelihoods and Income in the Project Area ......................................................... 36 Table 10. Land Use of Affected Households in the Affected Villages ......................................... 38 Table 11. Affected Households ..................................................................................................... 39 Table 12. Ethnic Groups in the Affected Villages/Households due to land acquisition ............... 40 Table 13. Religions in the Affected Households due to Land Acquisition ................................... 40 Table 14. Acronym and Numbering System ................................................................................. 41 Table 15. Infrastructure and Facility of Households Affected by Land Acquisition ................... 42 Table 16. Access to Education and Health Services .................................................................... 44 Table 17. Level of Education of Affected Households ................................................................ 46 Table 18. Main Occupations of the Affected People due to Land Acquisition............................ 47 Table 19. Impacts and their Mitigation ......................................................................................... 51 Table 20. EGEP Implementation Budget ...................................................................................... 58 Feasible Study (FS) and Environment and Social Assessment (ESA) Study for the Improvement and Maintenance of National Road 2 3 EGEP for Local Road No. 2571, 2652, 2931-3170, Luangprabang Province Executive Summary 1. The Government of Lao PDR (GOL) has prepared this Ethnic Groups Engagement Plan (EGEP) for the local road no. 2571, 2652 and 2931-3170 of Luangprabang Province. The scope for this Feasibility Study and Environment and Social Assessment (ESA) Study for the South East Asia Regional Economic Corridor and Connectivity (SEARECC) Project. The Local Road No. 2571, 2652 and 2931,3170 as of Luangprabang District, Chomphet District and XiengNgeun District, Luangprabang Province (Km 16 + Km 22 + Km 19= Km 57) is under Sub-Component 1.2. of SEARECC. The preparation of the EGEP is to address the project’s impacts on the ethnic minorities that exist in the project area. 2. The GOL through the Ministry of Public Works and Transport (MPWT) and with assistance World Bank (WB) and European Investment Bank (EIB) are planning to implement the road projects. These road projects will be implemented under OPBRC contract base. The main road projects of NR2 will be under Component 1 that divided into two sections as of NR2-E and NR2W. NR2E covers three districts as Meung Xay and Lah District, in Oudomxay Province and Khua District in Phongsaly Province. This NR2E section will be financing by EIB. NR2W section consists of four districts as Meung Xay District, Houn District, Beng District and Pakbeng District in Oudomxay Province. The NR2W will be financed by WB. 3. All the local roads are under subcomponent 1.2 and these local road projects divided into two phases. Phase I includes Phongsaly, Oudomxay and Xayyabuly provinces and these projects will be financing by WB. Phase II covers Luangnamtha and Luangprabang provinces). The Local Road No. 2571, 2652 and 2931,3170 as of Luangprabang District, Chomphet District and XiengNgeun District, Luangprabang Province (Km 16 + Km 22 + Km 19= Km 57) is a part of local road (Phase II). 4. The Local Road No. 2571, 2652 and 2931-3170 as of Luangprabang District, Chomphet District and XiengNgeun District, Luangprabang Province (Km 16 + Km 22 + Km 19= Km 57)will be categorized as rural road grade VI with length for 5.5-6 meter. In community areas the design and length will be under existing road by fence-to-fence approach. This project is mainly supporting climate resilience improvement of vulnerable road sections e.g. construction of additional and larger culverts with appropriate inlets and outlets, side ditches and canals to drain run-off water, and slope protection. The design and improvement will ensure that rainwater can discharge to natural receiving watercourses, minimizing the impact to the road and adjacent surroundings. Objective of EGEP 5. Objectives of the present EGEP are to design and implement the proposed Projects in a way that fosters full respect for ethnic groups’ identity, dignity, human rights, economies and cultures, as defined by the ethnic groups themselves, so that they: (a) receive culturally appropriate social and economic benefits; (b) do not suffer adverse impacts as a result of the proposed Project; and (c) can participate actively in the proposed Project. Feasible Study (FS) and Environment and Social Assessment (ESA) Study for the Improvement and Maintenance of National Road 2 4 EGEP for Local Road No. 2571, 2652, 2931-3170, Luangprabang Province 6. In line with the above objectives, the social assessment was carried out and meaningful consultations with the affected ethnic group members of the project area were also conducted. The findings from the social assessment and meaningful consultation process were used to prepare the present EGEP for the affected ethnic groups in the project area. Ethnic Groups in the Project Area 7. In general, Luangprabang province consists of multi-ethnic groups with different linguistics where the Hmong and Khmu are dominant groups of the population that represent about 83 percent in the Project Area. Other ethnic groups that exist in the project area include Yao or Iw-Mien, Taidam, Leu and Lao Loum. Potential Project Impact on Ethnic Groups 8. Overall these local roads no. 2571, 2652 and 2931-3170 of Luangprabang Province will have positive impacts on different ethnic groups in the project areas. However, there will be some potential negative impacts of the civil works on the secondary structures such as porches, erosion protection wall and hut. No land acquisition is required. 9. Based on the current design alignment and fence to fence approach to minimize land acquisition impacts, the total number of Project Affected Households (PAHs) is estimated at 5 Khmu households. 10. Other impacts of the project on the EGs include: (i) increased human and livestock road accidents; (ii) damages to crops; (iii) health hazards such as: (a) dust and noise pollution; (b) potential to increase human and livestock diseases (c) possible to get danger from construction material storage and construction sites; (d) poor sanitation and hygiene from poor waste disposal/ management which will be health related; (iv) social problems from labour influx as well as increased connectivity such as violence against women and children and thefts. Measures to Minimize Impacts on Ethnic Groups 11. Efforts have been made to minimize and acquisition impacts by analysis of design options to reduce the width of the COIs and incorporate a fence-to-fence approach. The following tasks were carried out as part of the EGEP preparation: (i) a social assessment; (ii) a process of inclusive consultation with representatives of the ethnic minority groups; (iii) a process of meaningful consultation; (iv) an Action Plan of the EGEP, which was prepared based on the first three processes. Proposed Action Plan for EGEP 12. The following actions are included in the EGEP: • Establishing project grievance redress mechanism (GRM) with participation from EGs. • Nominating EGEP-focal persons both in PTI and construction supervision consultants. Feasible Study (FS) and Environment and Social Assessment (ESA) Study for the Improvement and Maintenance of National Road 2 5 EGEP for Local Road No. 2571, 2652, 2931-3170, Luangprabang Province • Continued consultations with ethnic groups during the construction and operation and maintenance (O&M) phases of the project including meaningful consultations on a regular basis, and a process for Free, Prior and Informed Consent if this were necessary • Participation of ethnic groups in monitoring the implementation of EGEP, Environment and Social Management Plan (ESMP) and Abbreviated Resettlement Action Plan (ARAP) . Legal and Policy Framework 13. This EGEP for the local road no. 2571, 2652 and 2931-3170 of Luangprabang Province has been prepared in line with the World Bank’s Environmental and Social Standard 7 (ESS7) on Indigenous Peoples, some provisions of Decree 84 of the Lao Government, and the Decree on Environmental Impact Assessment (2022 that superseded the 2019 Decree) in consultation with the relevant national legislations including Ethnic Group Policy (1992), Country’s constitution (amended 2015), Local Administration Law (2015), Land Law (2019), Decree No 207/GoL (2020) on the ethnic affairsand a National Guideline on Consultation with Ethnic Groups. The guidelines provide principles and processes to carry out meaningful consultations with, and obtain free, prior, and informed consent of all ethnic groups affected by developments projects in a culturally sensitive manner. The guideline consists of a) objectives and scope, b) consultation process with ethnic groups at respective stages of development projects, c) consultation approaches and methods for different ethnic groups in a culturally sensitive manner, d) expected outcomes of consultation at each stage, and e) implementation arrangement and responsibility. Implementation Arrangements 14. The Ministry of Public Works and Transport (MPWT) is the implementing agency for the project with the overall management and coordination of the Department of Planning and Cooperation (DPC). The Public Works and Transport Institute (PTI) will coordinate with the provincial Department of Public Work and Transports (DPWTs) in Luangprabang province to monitor the implementation of the present EGEP and ESMP of the proposed project. Grievance Redress Mechanism 15. A grievance redress mechanism has been established for the project, under which grievance redress committees will be formed. The key actions proposed under the EGEP include the establishment of the GRM with EG inclusion, continued consultations with EGs, the nomination of EG focal point within PMU, and participatory monitoring providing adequate emphasis through the EGs. The role and responsibilities identified for the grievance committees include: • Coordination with MPWT, village authorities and other concerned parties to create awareness of the APs on the project purpose and to mobilize for cooperation with the project. Feasible Study (FS) and Environment and Social Assessment (ESA) Study for the Improvement and Maintenance of National Road 2 6 EGEP for Local Road No. 2571, 2652, 2931-3170, Luangprabang Province • Monitor compensation of the affected lands, structures, and crops. • Coordinate with the project officers in monitoring of compensation payment of the affected land, structures and crops approved by the government. • Resolve grievances, problems and settle compensations according to legal frameworks and security. • Report periodically on the compensation implementation to the higher authorities and to seek guidance. Monitoring and Reporting 16. The MPWT takes full responsibility to oversee the effective implementation of the EGEP. Two monitoring and reporting approaches will be applied: (i) ongoing monitoring and reporting; and (ii) impact monitoring. Budget and Financing 17. All the plans and activities under the EGEP are linked to the ARAP and the preparation of the bidding and contract documents. Therefore, the estimated budget only covers some activities, these activities cover mainly communication, information sharing, consultation and GRM. The estimated total cost is USD 5,000. The sources of budgeting and financing will be from Sub-component 1.2 of the SARECC Project Management. Feasible Study (FS) and Environment and Social Assessment (ESA) Study for the Improvement and Maintenance of National Road 2 7 EGEP for Local Road No. 2571, 2652, 2931-3170, Luangprabang Province 1 INTRODUCTION 1 The Government of Lao PDR (GOL) has prepared this Ethnic Groups Engagement Plan (EGEP) for the local roads no. 2571, 2652 and 2931-3170 of Luangprabang Province, to address the project’s impacts on the ethnic groups that exist in the project area. 2 The GOL through the Road Department of Ministry of Public Works and Transport (MPWT) and with assistance from World Bank (WB) is planning to improve and maintain the local roads no. 2571, 2652 and 2931-3170 of Luangprabang Province. The Project Road will consist of two local roads’ improvement rehabilitation under climate resilience with specific financing by WB. 1.1 Objective of EGEP 3 The main objective of the EGEP preparation is to ensure that the proposed project fully meets the objective of WB Environmental and Social Standard 7 (ESS7). 4 The objectives of ESS7 are: • To ensure that the development process fosters full respect for the human rights, dignity, aspirations, identity, culture, and natural resource-based livelihoods of Ethnic Peoples. • To avoid adverse impacts of projects on Ethnic Peoples or, when avoidance is not possible, to minimize, mitigate and/or compensate for such impacts • To promote sustainable development benefits and opportunities for Ethnic Peoples in a manner that is accessible, culturally appropriate and inclusive. • To improve project design and promote local support by establishing and maintaining an ongoing relationship based on meaningful consultation with the Ethnic Peoples affected by a project throughout the project’s life cycle. • To obtain the Free, Prior, and Informed Consent (FPIC) of affected Ethnic Peoples as described in ESS7; and • To recognize, respect and preserve the culture, knowledge, and practices of Ethnic Peoples, and to provide them with an opportunity to adapt to changing conditions in a manner and in a time- frame acceptable to them. 5 The World Bank requires Free, Prior and Informed Consent (FPIC) from ethnic groups in a project when the following circumstances apply: • Have adverse impacts on land and natural resources subject to traditional ownership or under customary use or occupation. Examples of the adverse impacts include: o Potential tension with communities, including customary communities’ areas and their ancestral territories located near forest areas. o Reduced or loss of access to forest areas used for subsistence livelihood purposes. Feasible Study (FS) and Environment and Social Assessment (ESA) Study for the Improvement and Maintenance of National Road 2 8 EGEP for Local Road No. 2571, 2652, 2931-3170, Luangprabang Province • Cause relocation of Ethnic Peoples from land and natural resources subject to traditional ownership or under customary use or occupation; or • Have significant impacts on Ethnic Peoples cultural heritage that is material to the identity and/or cultural, ceremonial, or spiritual aspects of the affected Ethnic Peoples’ lives. 6 Given the Fence-to-Fence approach of the project in road rehabilitation, works on local road no. 1221 and 1228 will not trigger the conditions for FPIC. These two local roads will have impacts on the secondary structure such as kitchen, fence, tea processing workshops, rice barn, tea barn, field hut and toilet. Impact on the livelihoods is not anticipated as the affected households can still dry and process the tea during rebuilding of the affected structure and in addition tea picking and processing is being carried out between March to June and thus demolishment can avoid this period. No land acquisition and relocation of the ethnic people will be required as well as no significant impacts on the ethnic people’s cultural heritage. 1.2 Project description 7 The SEARECC project is proposed to improve regional and domestic trade and climate resilient transport connectivity along an East-West corridor in Southeast Asia, and to provide an immediate and effective response in case of an Eligible Crisis or Emergency, and to provide an immediate and effective response in the case of an Eligible Crisis or Emergency. The project consists of 5 Components: (a) Component 1: Lao PDR and Regional connectivity Sub-Component 1.1: NR2W climate resilient improvement and maintenance. This sub-component supports the improvement and maintenance of the condition, safety, and climate resilience of selected sections of NR2W to meet the Asian Highway Class III standards: including widening of the road from 6 metres to 8 metres (6 metres of the carriageway and 2 metres of shoulders-one metre each side). The Output and Performance Based Road Contracts (OPBRC), with 3 years for construction and 7 years for operations and maintenance will be used. Sub-Component 1.2: Local Road climate resilience improvement and maintenance. This sub-component supports the improvement and maintenance of climate resilience and safety of selected local roads in Phongsaly, Oudomxay, Luang Namtha, Xayabouly, and Luangprabang. The performance-based contract (PBC) approach will be used for maintenance. Sub-Component 1.3: Improvement of the border crossing facilities. Sub-component 2.1: Logistics facilities development. This sub-component supports the improvement of the border crossing facilities road NR2 at (a) Pang Hok in Phongsaly bordering with Dien Bien Phu, Vietnam and (b) Muang Ngeun in Xayabouly bordering to Nan Province, Thailand. Sub-Component 1.4: Implementation support and supervision consultant. Feasible Study (FS) and Environment and Social Assessment (ESA) Study for the Improvement and Maintenance of National Road 2 9 EGEP for Local Road No. 2571, 2652, 2931-3170, Luangprabang Province This sub-component will finance (a) implementation support and supervision consulting services for the design and supervision of the NR2, local roads, and cross-border facilities improvement, and (b) improving local road maintenance planning and financing systems, with incorporation of local agriculture potential. (b) Component 2: Logistics services development and border-crossing management Sub-component 2.1: Logistics facilities development. This sub-component supports MPWT to improve the efficiency and competitiveness of logistics services development and border-crossing management in the economic corridor. Sub-component 2.2: Regional integration and cross-border transport agreements. This sub-component will support the GoL to improve cross-border transport efficiency. Sub-component 2.3: Strengthening capacity CIQ and Border Management. This will include technical assistance, capacity building and equipment. (C) Component 3: Strengthening institutional capacity and the regulatory framework in agriculture, transport, and investments planning Sub-Component 3.1: Support on agricultural trade and SPS Management. Led by the Department of Agriculture (DOA) in the Ministry of Agriculture and Forestry (MAF), it includes (i) Capacity development to improve the efficiency of agricultural trade; and (ii) Capacity Building for Sanitary and Phytosanitary (SPS) Management to build the capacity of MAF, Ministry of Health (MOH), Provincial and District Agriculture and Forestry Offices and border checkpoints for compliance of SPS requirements and reduce trade barriers in the targeted provinces and districts. Sub-Component 3.2: Institutional capacity development for transport sector. This includes legislative and planning support, including on road safety and gender aspects. This sub-component, led by DPF, MPWT, includes training, office equipment, and technical assistance, it includes (i) Multi-modal transport technical assistance; (ii) Supporting the implementation of road safety action plans and (iii) Strategic Capacity Building Program (SCBP). (d) Component 4: Project Management This Component will provide technical and operational assistance for strengthening the environmental and social capacity of agencies, day-to-day management, monitoring and evaluation of the Project, and the carrying out of technical and financial audits, among other things. (e) Component 5: Contingency Emergency Response This component will provide an immediate response to an eligible crisis or emergency, as needed. In the event of an eligible crisis or emergency, the World Bank can re-allocate project funds to support emergency response and recovery. This EGEP specifically refers to Subcomponent 1.2 being implemented in Roads No. 2571, 2652 and 2931-3170 of Luangprabang Province. Feasible Study (FS) and Environment and Social Assessment (ESA) Study for the Improvement and Maintenance of National Road 2 10 EGEP for Local Road No. 2571, 2652, 2931-3170, Luangprabang Province 1.3 Location of the local roads No 2571, 2652 and 2931-3170 8 The local road project in Luangprabang province consists of Local Roads No. 2571 of Luangprabang City, 2652 of Chomphet District, and 3170-2931 of Xieng Ngeun District, Luangprabang Province (Km 16 + Km 22 + Km 19 = Km 57). The start and ending points of the local road project in Luang Namtha Province are as follow: - The local road no. 2571, runs through five villages, starts from Vangngeun Village to Nadonkhoun Village (Distance 16 Km), Luangprabang City, Luangprabang Province; - The local road no. 2652, runs through nine villages, starts from Nakham Village to Buamlow Village (Distance 22 Km), Chomphet District, Luangprabang Province; - The local road no. 2931, 3170, runs through three villages, starts from Huayyen Village to Phonsa-ard Village (Distance 19 Km), Xiengngeun District, Luangprabang Province. 9 The aim of this project is to improve and maintain three local roads in Luangprabang Province. This project will perform under the Outputs-and Performance-Based Contracts (OPBRC) model to ensure quality control and monitoring system. 10 The activities of the project will include improving conditions of road in the mountainous rural area, by building landslide walls, slopes, raising the ground, adjusting the drainage canal in the community area, and compacting the ground with gravel. Feasible Study (FS) and Environment and Social Assessment (ESA) Study for the Improvement and Maintenance of National Road 2 11 EGEP for Local Road No. 2571, 2652, 2931-3170, Luangprabang Province Figure 1. Location of Local Roads as approved by DOR, MPWT Remark: As reference, no. 06348/DOR.MPWT, dated 16 Mar 2022 Feasible Study (FS) and Environment and Social Assessment (ESA) Study for the Improvement and Maintenance of National Road 2 12 EGEP for Local Road No. 2571, 2652, 2931-3170, Luangprabang Province Figure 2. Location of Local Road No. . 2571, Luangprabang City, Luangprabang Province Figure 3. Location of Local Road No. 2652, Chomphet District, Luangprabang Province Feasible Study (FS) and Environment and Social Assessment (ESA) Study for the Improvement and Maintenance of National Road 2 13 EGEP for Local Road No. 2571, 2652, 2931-3170, Luangprabang Province Figure 4. Location of Local Road No. 2931,3170 XiengNguen District, Luangprabang Province 1.4 Project benefits and potential impacts 11 The project of Local Roads No. 2571 of Luangprabang City, 2652 of Chomphet District, and 2931-3170 of Xieng Ngeun District, Luangprabang Province, will bring positive impact to the communities and country in the long-term, including (i) reduced flooding through improved drainage canal and bridge construction, (ii) minimizing the Greenhouse Gases (GHGs) emission through less auto traffic on the road (wider road), (iii) increasing road safety through improved road conditions, clear divided lanes, installing more appropriate traffic rule signs and available pedestrian crossing areas (iv) increasing of jobs during construction (v) improving access to markets as well as hospitals and education facilities, including by minimizing transport times. 12 The proposed project has the potential to create negative impacts as follows: 1) Air Quality and Climate Change • Dust during the construction: from construction trucks, cement, soil for the construction, etc. • Emissions from the machines and trucks during the construction. • Smoke from burning of cleared vegetation and waste. • Vehicles exhaust emission from transport of construction materials, machines and equipment which increased the greenhouse gas emission. 2) Geology and Soil Feasible Study (FS) and Environment and Social Assessment (ESA) Study for the Improvement and Maintenance of National Road 2 14 EGEP for Local Road No. 2571, 2652, 2931-3170, Luangprabang Province • Excavation of construction materials (rock, clay, sand) from local quarries and borrow areas and associated impacts; • Modification of terrain by cut and fill along the local road, which raises potential impacts related to the stability of cuttings and embankments, and erosion of dispersive soils and clays as a result of cut and fill activities; • Deposition of road- and vehicle-derived pollutants (typically copper, lead, zinc, hydrocarbons, oils) on soils proximal to the roadside; • Temporary disturbance and erosion of soils in the broader right of way during construction; • Contamination of soils due to spills or leaks of hydrocarbons, oils, greases, tar, asphalt and other pollutants during construction. 3) Water Quality • Chemical/waste oil from the construction could be leaked to the earth or stream. • The construction could use too much water from the community water source. • Solid waste from associated camp activities such as human scraps, packaging and wastepaper • The water treatment at the construction camp may not be managed appropriately. 4) Erosion and sediment transport • Earthworks and the exposure of large areas of soil and subsoil following vegetation clearance and soil stripping during the construction. • Higher runoff generated within project corridor. • Exposed surfaces areas and slopes created, leading to the increase of sediment content in surface waters. 5) Socio-economic impacts (including those expressed in focus groups and household survey) • The construction work imposes difficulties for people to access to their properties and for them to keep up with their daily businesses. • The family incomes of people whose shops are along the road could be disturbed and reduced during construction. • The construction work could be too noisy for people living along the main road, especially for the older people and children. • There could be more road accidents during construction, and after construction due to increased vehicle speed. • Road construction could interrupt community religious and public places such as temples and graveyards. • Community Health and Safety impacts as a result of labour influx, including an increase in communicable diseases and increase in Gender-Based Violence • Impacts to project workers as a result of health and safety, worker’s conditions and terms of employment. • Impacts to ethnic minorities such as violence against women and children. 13 Measures to mitigate these impacts are described in the project’s Environment and Social Management Plan (ESMP). Impacts to structures and other assets are further described in the project’s Abbreviated Resettlement Action Plan (ARAP). Meanwhile, this EGEP has been Feasible Study (FS) and Environment and Social Assessment (ESA) Study for the Improvement and Maintenance of National Road 2 15 EGEP for Local Road No. 2571, 2652, 2931-3170, Luangprabang Province prepared since there are Ethnic Groups present in the proposed area of the Project, and are likely to be affected by the Project. In Lao PDR the term Ethnic Minorities is not used by the Lao government but the term ethnic group is being used and it refers to a distinct, vulnerable, social and cultural group possessing the following characteristics in varying degrees: (a) Self-identification as members of a distinct indigenous cultural group and recognition of this identity by others; (b) Collective attachment to geographically distinct habitats or ancestral territories in the Project area and to the natural resources in these habitats and territories; (c) Customary cultural, economic, social or political institutions that are separate from those of the dominant society and culture; and (d) a distinct language, often different from the official language of the country or region. In considering these characteristics, national legislation, customary law and any international conventions to which the country is a party may be taken into account. 14 Since groups of ethnic minorities – possessing some of the characteristics described above - exist in the project area, therefore ESS7 is applicable to the proposed project and in response to this Standard, the present EGEP has been prepared. 2 Legal and institutional framework concerning Ethnic Groups 2.1 Country's Constitution (amended 2015) 15 Lao PDR does not have specific legislation for its ethnic groups. However, the former 1991 Constitution and current adjusted Constitution of 2015 (chapter four, articles 34-51) guarantee that all Lao people have fundamental rights and obligations to develop the country. The Constitution defines Lao PDR as a multi-ethnic State, with equality among all ethnic groups. 16 Article 8 states that: “The State pursues the policy of promoting unity and equality among all ethnic groups. All ethnic groups have the right to protect, preserve and promote the customs and cultures of their own tribes and of the nation. All acts of creating division and discrimination among ethnic groups are forbidden. The State implements every measure to gradually develop and upgrade the economic and social level of all ethnic groups”. 17 Article 13 states that the country’s economic system is for the purpose of improving the living standards, both materially and spiritually, of Lao PDR’s multi-ethnic people. 18 Article 19 emphasizes the importance of building schools to provide education for all, especially in areas inhabited by ethnic minority groups. 19 Article 35 guarantees that Lao citizens are all equal before the law irrespective of their gender, social status, education, beliefs and ethnic group. Feasible Study (FS) and Environment and Social Assessment (ESA) Study for the Improvement and Maintenance of National Road 2 16 EGEP for Local Road No. 2571, 2652, 2931-3170, Luangprabang Province 2.2 Local Administration Law of Lao PDR (amended 2015) 20 Article 35 guarantees that Lao citizens are all equal before the law irrespective of their gender, social status, education, beliefs, and ethnic group. 21 The local administration law states that the role of the local administration is to represent the locality and be responsible to the government to administer political, socio-economic and cultural affairs, human resource management, natural resource and environment management, national and local defense and security; and others as assigned by the government. The 4 articles – 14, 27, 40 and 53 under the administrative law define the specific role and responsibility of the provincial governor, mayor, chief of district and head of the villages that are “To motivate, promote and facilitate the participation of the Lao Front for National Construction, mass organizations, social organizations and all economic entities and ethnic people in the socio-economic development of the village; and to preserve and promote good national traditions and cultures of the multi-ethnic Lao people; to discourage negative occurrences and superstitious beliefs; to promote education within the community; and to educate the community to be responsible for hygiene and sanitation.”
 2.3 Decree No 207/GoL (20/03/2020) on Ethnic Affairs 22 The 207 Decree provides principles, regulations and measures for the management, monitoring of the ethnic affairs, protection the rights and legitimate benefits of different ethnic groups according to the Constitution and laws of Lao PDR. Article 17 on the policy to have access to the information provides that information dissemination to different ethnic groups must be in their language or through the interpreter, printing materials or social media. Article 18 on policy for access to the laws and juridical process encourage and promotes the organizations and individuals to provide free support to and represent the poor, vulnerable or disable ethnic people in accessing information, legal counselling and documentation works 2.4 Ethnic Minority Policy (1992) 23 The Resolution of the Political Bureau Concerning the Affairs of Various Minorities, especially the Hmong Minority (Hmong Policy 1981) adapted in 1981 was the first explicit statement of policy on ethnic groups since the founding of the Lao People’s Democratic Republic in 1975. The policy also attempted to improve the living conditions of Hmong people, and to increase national security for the country as a whole. In 1992, the policy was adjusted and developed into a resolution of the Administrative Committee of the party to become The Ethnic Minority Policy under the Resolution on Ethnic Affairs in the New Era, which applies to all ethnic groups throughout the country. There are no specific articles in it, rather it is an agreement on the principles that all ethnic groups should have improved access to services and that all discrimination must be eradicated. Feasible Study (FS) and Environment and Social Assessment (ESA) Study for the Improvement and Maintenance of National Road 2 17 EGEP for Local Road No. 2571, 2652, 2931-3170, Luangprabang Province 24 The general policy of the GoL concerning ethnic groups was designed to: (i) Build national sentiment (national identity); (ii) Realize equality between ethnic groups; (iii)Increase the level of solidarity among ethnic groups as members of the greater Lao family; (iv) Resolve problems of inflexible and vengeful thinking, and economic and cultural inequality; (v) Improve the living conditions of the ethnic groups step-by-step; and (vi) Expand, to the greatest extent possible, the good and beautiful heritage and ethnic identity of each group and their capacity to participate in the affairs of the nation. 25 The policy calls for protection against and eradication of dangerous diseases and to allow ethnic groups to enjoy good health and a long life. The GoL is expected to provide appropriate investments to enlarge the health care network by integrating modern and traditional medicine. 26 The collection of data on the ethnicity of government employees, retired ethnic officials, the handicapped, and families of those killed in action is another activity called for in the policy. 27 Disseminating information in the remote areas is mandated, through many methods, especially, radio broadcasting in minority languages. The plan calls for engagement of specialist officials who speak minority languages and who possess knowledge of science, production, and socioeconomic problems. The question of where these persons are found is not addressed. 28 The Ethnic Minorities Committee under the National Assembly is charged with the responsibility to draft and evaluate proposed legislation concerning ethnic groups, lobby for its implementation and implementation of socioeconomic development plans. Ethnic groups’ research is the responsibility of the Institute for Cultural Research under the Ministry of Information, Culture and Tourism (MoICT). The lead institution for ethnic affairs is the mass (political) organization, the Lao National Front for Construction, which has an Ethnic Affairs Department. 2.5 The 9th National Socioeconomic Development Plan (2021-2025) 29 The activities indicated in the 9th National Socioeconomic Development Plan for 2021-2025 (NSEDP) are focused on the three transformative results aiming to; end maternal mortality, end unmet need for family planning, including among adolescent girls and end gender-based violence and harmful practices such as early marriage; ensure youth receive age-appropriate comprehensive sexuality education through school curriculums nationwide and innovative adolescent youth friendly services; implement policies and Gender equality Law; establish a referral pathway and make dignity kits available in humanitarian emergencies, increase Feasible Study (FS) and Environment and Social Assessment (ESA) Study for the Improvement and Maintenance of National Road 2 18 EGEP for Local Road No. 2571, 2652, 2931-3170, Luangprabang Province investments for adolescents, especially young women through the “Noi framework” of 2030. The 2030 Noi Framework provides a platform for partners to address challenges Lao girls (10-19 yrs old) face in education, sexual and reproductive health, nutrition, employment and gender equality, as well as their opportunities to participate in decisions that matter to them. Tracking indicators in these areas, partners will work together to ensure young girls today grow up to be productive citizens living fulfilling lives by 2030 in line with the Sustainable Development Goals (SDGs). 2.6 Land Law (2019) 30 According to the revised Land Law 2019, land in Lao PDR is the national community property, where the State represents the owner of the rights in the management of land in a centralized manner across the country. The State grants the rights on long-term and secured land use to individuals, collective groups and organizations of Lao citizens (Article 3). The State acknowledges and protects the customary land use rights of individuals. The acquisition of customary lands refers to land acquisition and use by Lao citizens through exploration, development, protection and regular land use for more than 25 years, prior to the effectivity of the Land Law and without the need to provide document certifying the acquisition, except for a document from village administrative authorities and of the owners of nearby land certifying continuous land acquisition and use, without any disputes or in case with disputes, being already settled (Article 130). 2.7 National Guideline on Consultation with Ethnic Groups 31 The guideline on consultation with ethnic groups was launched by the Lao Front for National Development (LFND formerly known as LFNC), in 2013, in line with the National Guideline on Public Involvement, 2012. It aims to ensure that all ethnic groups who benefit from or are adversely affected by a development project, without regard to the source of funding, are fully engaged in a meaningful consultation process at all stages from preparation into implementation. The guideline also aims to ensure that the potentially affected ethnic groups are fully informed of project objectives, as well as their potential positive and adverse impacts on their livelihood and their environment and provided with opportunities to articulate their concerns. The guidelines provide principles and processes to carry out meaningful consultations with, and obtain free, prior and informed consent (FPIC) of all ethnic groups affected by developments projects in a culturally sensitive manner. The guideline consists of: a) objectives and scope, b) consultation process with ethnic groups at respective stages of development projects, c) consultation approaches and methods for different ethnic groups in a culturally sensitive manner, d) expected outcomes of consultation at each stage, and e) implementation arrangement and responsibility. Feasible Study (FS) and Environment and Social Assessment (ESA) Study for the Improvement and Maintenance of National Road 2 19 EGEP for Local Road No. 2571, 2652, 2931-3170, Luangprabang Province 2.8 Law on Grievance Redress or the revised Law on Handling Petitions 012/NA 32 The Law on Grievance Redress or the revised Law on Handling Petitions 012/NA approved on December 5, 2014 and the President in 2015 provides provisions of objectives, principles and process of applying and handling different types of grievance, petition and complaints that may be raised by citizens. The Grievance Redress Law divides grievances into three categories as follows: a. Proposals is to be applied to and resolved by concerned authorities. b. Grievance is to be applied to and resolved by judicial institutions and court c. Petition is to be applied to and resolved by Provincial and National Assembly. 33 The Law on Handling of Petitions 012/NA, 2015, which has superseded the old version of Law on Grievance dated November 5, 2005 applies and protects rights and interest of all citizens and entities, state organizations, community and individuals with the aim to ensure justice, social security and order. 2.9 The Law on Gender 34 The Law on Preventing and Combating Violence Against Women and Their Children (VAWC), No. 56/NA 2014 defines the principles, rules and measures for preventing and combating VAWC by prevention, protection, provision of assistance to victims of violence and handling of such violence to protect the rights and legitimate interests of women and children; aims to eliminate all forms of VAWC, uphold the roles and dignity of women and children, achieve gender equality, and contribute to developing society in order to maintain peace, public order, solidarity, justice and civilization, and protect and develop the country. The Law is designed to specifically address VAWC that results in or is likely to result in danger, harm, or physical, psychological, sexual, property or economic suffering by women and children. 35 Gender mainstreaming has been included by the Lao government’s National Assembly during as indicated in its National 9th NSEDP 2021-2025 and the 2030 Noi framework, with the emphasis on the protection of the rights of adolescent girls. The aims are to ensure gender equality and empower women in politics, economics, sociocultural affairs and family decision-making; reduce considerably discrimination and violence against women. These includes recommendations of the Committee on the Elimination of Discrimination against Women (CEDAW) and Implementation of the national action plan for prevention and elimination of violence against women and children. Feasible Study (FS) and Environment and Social Assessment (ESA) Study for the Improvement and Maintenance of National Road 2 20 EGEP for Local Road No. 2571, 2652, 2931-3170, Luangprabang Province 2.10 Relevant International Agreements 36 The Constitution of Lao PDR has been amended to incorporate human rights principles outlined in the international treaties and conventions of which Lao PDR is a signatory party. Chapter four, articles 34 to 51 explain the basic rights of Lao citizens. In addition, basic rights as delineated in international instruments are included in many other national laws, such as the Law on the Protection of the Rights and the Interests of Children, 2006. The GoL set up the National Human Rights Research Centre in Vientiane, whose main objective is to support, encourage, and implement human rights within the country. Its mandate also considers the carrying out of research on ethnic groups. The Centre was approved by Decree No. 95, dated 11/07/06 and by Prime Minister’s Decree, No. 137, dated 24/07/2006. Lao PDR has been a member of the International Labour Organization (ILO) since 1964. Lao has ratified eight ILO Conventions, including five of the eight ILO core Conventions. Convention 169 on Indigenous Peoples has not been ratified. Table 1. International treaties and conventions in Lao PDR Date of No Name of Convention Date of Signature Ratification/ Accession 1 International Covenant on Civil 7 December 2000 29 September 2009 and Political Rights 2 Convention on the Rights of Persons 15 January 2008 29 September 2009 with Disabilities 3 International Convention for the 29 September Not yet ratified Protection of 2008 All Persons from Enforced Disappearance 4 International Convention on the Not yet signed Not yet ratified Protection of the Rights of All Migrant Workers and Members of Their Families 5 Convention against Torture and 21 September 26 September 2012 Other Cruel, Inhuman or Degrading 2010 Treatment or Punishment 6 Convention on the Rights of the 8 May 1991 (a) Child 7 Convention on the Elimination of 17 July 1980 14 August 1981 All Forms Feasible Study (FS) and Environment and Social Assessment (ESA) Study for the Improvement and Maintenance of National Road 2 21 EGEP for Local Road No. 2571, 2652, 2931-3170, Luangprabang Province 2.11 Institutional Responsibility 37 In Lao PDR, overall development of ethnic groups lies with the Lao Front for National Development (LFND). According to the Law on Lao Front for National Development, No. 01/NA, dated 08 July 2009, the main roles of the LFND are: 1) To construct and to improve forces of the entire people and act as an umbrella organization guarding the solidarity of Lao ethnic people. 2) To educate, train and encourage all Lao ethnic people to participate in the mission to protect and develop the nation. 3) To enhance the ownership, protect the culture and traditions, rights and legitimate interests of Lao ethnic people and races. 4) To be a center for public awareness, desires and opinions of Lao ethnic people. 5) To act as a central coordination body for all parties. In addition, the LFND also has the responsibility to: 1) Focus the solidarity of Lao ethnic people both domestic and international. 2) Propose drafts of laws and legislation in according to its roles and responsibilities. 3) Advertise, educate, encourage and enhance the ownership of Lao ethnic people in the implementation of guidelines, policies, the constitution and national socio-economic development plans. 4) Act as a repository for proposals and ideas for the development of Lao ethnic people of all religions, genders, and ages and communicate these to the responsible organizations. 5) Propose candidates for elections to political organizations, the National Assembly and other organizations according to regulations. 6) Participate in improvement of the state power of People’s Democratic Regime, monitor and inspect activities of the state administrative apparatus, the National Assembly and other organizations in line with the regulations. 7) Protect the rights and legitimate interests of the party’s organizations for the Lao ethnic people and participate in mediation of disputes in according to its roles. 8) Contribute to the protection and enhancement of the traditions of patriotism and culture of the Lao ethnic people. 9) Convey knowledge, lessons, and experience and fine traditions of the Lao ethnic peoples to new generations. 10) Enhance friendly relations and cooperation between Lao Ethnic People and People of Nations in the region and internationally. 38 The LFND consists of seven departments and one center, including 1) Office Department, 2) Organization Department, 3) Inspection Department, 4) Class and Civil Society Department, 5) Ethnic Affairs Department, 6) Obligations of Religion Department, 7) Propaganda Department, and 8) Training Center. It is important to note that the Ethnic Affairs Department Feasible Study (FS) and Environment and Social Assessment (ESA) Study for the Improvement and Maintenance of National Road 2 22 EGEP for Local Road No. 2571, 2652, 2931-3170, Luangprabang Province (DEA) acts as the secretariat of LFNC central Committee to mobilize, protect and promote the benefits of all ethnic groups, to advertise and disseminate the Party’s policies, regulations and laws, and the national socio-economic development plan to all ethnic groups and to communicate the requirements, frustrations and real desires of all ethnic people to the higher officials, in order to strengthen the solidarity and equality of ethnic people across the country.1 3 Social Assessment and Consultations 3.1 Social Assessment 39 The social assessment (SA) is the process of identifying and reviewing the social effects of current or proposed infrastructure projects and other development interventions. According to ESS7, if the indigenous people are present in or have a collective attachment to the project area, the borrower undertakes a social assessment to evaluate the project’s potential positive and adverse effects on the indigenous people, and to examine project alternatives where adverse effects may be significant. The purpose of the SA is to: 1) Depending on the scale of the sub-project, review the institutional framework applicable to ethnic groups living in the affected community. For example, are there communal authorities or decision-making structures and what is their relationship with local authorities? 2) Collection and analysis of relevant baseline information on the cultural, socio-economic, and political characteristics of the impacted indigenous communities, and if relevant on the land and territories they traditionally occupy and natural resources they depend on. This may be particularly relevant if the livelihoods of ethnic groups are dependent on natural resources that may be impacted by civil works financed by the project. 3) Using this baseline information, key project stakeholders will be identified within the affected communities, and a culturally appropriate process for consulting with the ethnic groups during sub-project preparation and implementation will be identified with those stakeholders. 4) An assessment, based on meaningful consultation, with the affected ethnic group communities, of the potential adverse and positive effects of the sub-project. This assessment should be sensitive to the unique vulnerabilities of ethnic group communities, considering their distinct circumstances, ties to the land and natural resources, and potentially limited access to development opportunities compared to other groups. 5) The identification and evaluation, based on meaningful consultation with the affected ethnic group 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 ethnic group receive culturally appropriate benefits under the sub-projects. 1 http://www.lfnc.gov.la/lfncs/englishs/gov_ethnic.php Feasible Study (FS) and Environment and Social Assessment (ESA) Study for the Improvement and Maintenance of National Road 2 23 EGEP for Local Road No. 2571, 2652, 2931-3170, Luangprabang Province 3.2 Consultations and Information Disclosure 3.2.1 Consultation Meeting 40 During the pre-construction stage of the project, in order to understand the opinions and concerns of the ethnic groups in response to the proposed project, public consultations were carried out in the villages along Local Road No. 2571, 2652 and 2931-3170 in Luangprabang Province. 41 The main objectives of the consultation were to i) know the perception of local authority on the implementation of the project; i) understand worries and concerns over the local road project; (iii) to establish and seek for community support for the project implementation and: iv) consult on the development of the draft of EGEP; 42 During this initial consultation and information disclosure, the project activities have been explained and presented to the local people with all ethnic groups’ participation. The participants included representatives from different villages, concerned local authorities, LFND and LWU. There is no languages barrier during the consultation and communication with the ethnic groups that participated in the meeting as there are technical officers from DPWT of Luangprabang and village headman who can communicate Khmu. All participants support the development of this project and willing to provide in kind contribution in the form of affected assets for many positive reasons such as the new road will be a significant for local product trading, middlemen can visit the villages more times to buy agricultural produce and with more convenience, having drainage installation in community can protect road condition and dirtiness. At the end of the meeting, all participants had an opportunity to express in a final vote whether they agree with or whether they have any objections to the project. All the participants supported the project implementation and agreed that it will greatly benefit them. While voluntary contribution has been raised by the participants, the approach for the project is to compensate for the loss associated with the project. 43 The consultation and information disclosure consisted of village headman, village elders, women union, youth union, village security and defence. At first the dissemination of information has been announced the project goals, by the team leader by DPWT of Luangprabang. More details of the project areas were informed, the plan for rehabilitation and improvement quality of road for climate change resilience was introduced. After the dissemination of information had been finished, the representative from DPWT of Luangprabang had opened floor for discussion and questions and answers. Then, the consultation was carried out with groups discussion by male and female attendance separately to seek and open opportunity for all of them to speak out. Group of ethnic people were recorded during consultation as representation of their understanding and concern over the project activities After acknowledgement of the construction work of the activities of project has been determined, some of people had discussed about their properties if it will be affected. Some people had raised a question “what is going to happen if the property were to be lost”. Some of participants asked if the project to have a compensation policy, in case of affected. Some of others had been asked what they can do during the construction work if their property Feasible Study (FS) and Environment and Social Assessment (ESA) Study for the Improvement and Maintenance of National Road 2 24 EGEP for Local Road No. 2571, 2652, 2931-3170, Luangprabang Province were damaged and the lost were to happen onward. At the end of the meeting, the representation of DPWT of Luangprabang and data collection leader had explained the design, plan, and procedure of the project. In addition, GRM will be implemented throughout the project prior to the construction and post construction. 44 Potential project risks and impacts on the local communities, people, their environment and livelihood, access etc. (both positive and negative) were presented and discussed below: 3.2.1.1 Positive impacts: 45 Khmu people in the villages pointed that the upgrading road project will significantly improve their access to the market. One of frequent reasons mentioned is that either villagers or local traders or middleman will be able to come more often to collect and buy agricultural produce (rice, job’s tear pineapple, melon and maize). Apart from that other villager informed that home store will no longer refuse to delivery materials and equipment to her home of better road quality. Some villagers explained that they will spend less time to visit friends and relatives in other villages and in the district. The most important, local people agrees that it will reduce the amount of dust from the earth road and it will be safer to travel along the improved local roads, especially at night. There will be low risks for the road accident along the highland hills. 3.2.1.2 Potential risks and negative impacts 46 The people in the meeting mentioned about the negative impacts in front of their home dust, noise, residential entry, parking of trucks and laydown mobile machinery for road construction. - In terms of the dust impact, the participants do not consider as a warning issue, but they need to spray water for them because they have small children at home. - The noise disturbance issues were not serious impacts. They concerned during the traditional ceremony at home or in the village. It is required to avoid construction or avoid making noise disturbance that time. The local people inform that residential entry is manageable. They proposed to make an embarkation and build a safe access short-cut to their residential area will be appreciated. - The issue of parking of trucks causes more worries. The local people required not to park trucks along the community due to the fact that current road condition is not suitable for parking. - The laydown of mobile machinery is sensitive along the community of local roads. Local people proposed to consult with local authority or informed village headman to receive permission and agreement. The reasons are to prevent waste and damage of original conditions of the locations. Feasible Study (FS) and Environment and Social Assessment (ESA) Study for the Improvement and Maintenance of National Road 2 25 EGEP for Local Road No. 2571, 2652, 2931-3170, Luangprabang Province 47 In addition to these issues, they are part of the impacts found and addressed in the preparation in ESMP. These impacts need to include and mention in Contractor’s Environmental Management Plan (CEMP). 3.2.1.3 Proposed mitigation measures and actions: 48 Some mitigation measures were discussed in terms of dust, noise disturbance, residential entry and parking of construction vehicles, these impacts are manageable and well acknowledged by the local people. Some villagers suggested to consult with the local people for allocation a suitable place for parking heavy machineries and vehicles . All the potential impacts found are mainly temporally conditions and they are manageable and preventable. However, it is important to consult and share information with local authorities or village headmen to avoid and minimize accident issue by the construction works. 49 All participants agreed and welcomed this road project. They highly requested to consult with local village authority. The village headman proposed to be informed all construction activities in advance to share information to local people to be acknowledged and aware of some risks 3.2.1.4 Proposed mitigation measures and support required by men and women during consultations: 50 Different mitigation approaches were pointed and discussed amongst the participants and gender perceptions were also included. 51 In general, both females and males proposed similar mitigation measures. Regarding the dust and noise, residential entry, parking trucks and laydown mobile machinery issues. Both men and women asked to have a regular water spraying during the dry season of the construction period in order to minimize the dust issue. With regard to noise disturbance, only men and women participants from Laolum (LaoTai) where Buddhism is practiced, suggested not to perform construction work or avoid making noise disturbance during the Buddhist holy days. 52 The men requested to install the warning sign and light at the construction site for safety in the evening. These are important for the residential entry and for the contractor when parking construction vehicles along the community road. Some other females who own small shops were worried about dust that may impact their business along the road. 3.2.1.5 Did project beneficiaries, project affected people or households (PAPs/PAHs), or other stakeholders consulted support the proposed project? 53 Consultation meetings have been conducted in the last week of May 2022 with DPWT at the provincial and district levels, with the village authorities as well as the villagers in the villages adjacent to the local roads’ alignment with the total number of 626 participants of whom 307 are females. All ethnic participants in the consultation meetings confirmed willingness to support and contribute to the project. They want to see these local road projects to be materialized soon. The villagers believe that this project can improve their living standard. They asked the approximate starting month so they can be prepared to cope with the potential environmental and social impacts and could restore their normal livelihoods as soon as possible as well as improve it after the completion of the civil works. With regard to willingness of the villagers in voluntary contribution, the policy of the project for compensation of loss needs to be compliant. Feasible Study (FS) and Environment and Social Assessment (ESA) Study for the Improvement and Maintenance of National Road 2 26 EGEP for Local Road No. 2571, 2652, 2931-3170, Luangprabang Province 54 In the meetings, the participants have been informed about the project objective, the preliminary conceptual design, the potential environmental and social impacts, road safety issues, the policies of the government and financiers on compensation, the entitlements of the affected people and the grievance redress mechanism. It was also discussed that Village GRM committee needs to be set up before project start. The committee should consist of representatives from different ethnic groups, women, youth, elderly, village security and defence unit. The village authorities have been asked to established village GRM committee based on the existing management structure in each respective village and then identify their roles, and responsibilities. The information disclosure on the project’s objectives, goals, entitlement matrix and grievance procedures will be posted on the village information board at the village office so when the villagers come to meetings or to meet with the village authorities for public support, they can have a look more closely. 55 Further consultation and information disclosure of the project information needs to be organized during the construction stage to ensure villagers have adequate, accurate and timely information. The consultation and information disclosure should be accessible by all village members to ensure that everyone receives the same messages. Ethnic translator needs to be recruited to help communicating with the local ethnic people 56 To conduct the consultation meetings with affected households separately are a must, as proposed by the participants. This may open opportunities with both project owners and local communities to seek and reach peaceful solution. It would be necessary to post all related decrees and agreements form the government office on the information board in the village office. Finally, the grievance mechanism (committee) is significant, and it should be established at village and district level in order to response the project issues more quickly and effectively, villagers recommended. 3.2.1.6 Road Safety (During and after the completion of construction- short term and long-term impacts): 57 During the consultation meeting, road safety practice was discussed. Applying sign of reducing speeds or speed limits in the construction area can be a standard for the short-term solution. The installation of signal lights/signs close to, and in, the construction areas will be safe for drivers travel at night. Moreover, the participants also asked to install signal lights/signs in the dangerous area or with high-risk of accident along the road section for rehabilitation and improvement 3.2.1.7 The perception on the disaster caused by road project and proposed mitigation measures 58 In the project area, natural disaster as of, landslide and erosion can be encountered by local community. The landslide and erosion were considered as main problems. The first reason is because of the location of project area on the highland valley. Major of villages, there are limited number of drainage available. Some of the drainages were designed and constructed in a poor condition. Most of the drainages have not been regularly maintained. Some natural sediment discharges increase annually. This condition led to the change direction of water discharge into stream or waterway, and it causes water contamination on the ground. In some Feasible Study (FS) and Environment and Social Assessment (ESA) Study for the Improvement and Maintenance of National Road 2 27 EGEP for Local Road No. 2571, 2652, 2931-3170, Luangprabang Province years during monsoon season, heavy rain brings high precipitation of rain. The landslide and erosion occur and damage the road conditions in the community. Therefore, the well design drainage construction in the community can prevent landslide and erosion. 3.2.1.8 The gender perspective 59 During the consultations, all participants were informed how the local road project will be constructed through the community. The design of having drainage, protection, and improve surface of road and widening in the area where it is applicable, were explained. In terms of designing and implementing the road construction project, many of the participants suggested that the participation of the local communities is significant. Local residents are aware of the road conditions, and they are able to share some potential solutions. 60 Regarding gender perspectives, different views on gender roles and participations were raised. Many of the ethnic female and male participants in the meetings argued that men shall lead a decision making in the household while women said that they played an important role of financial management and food security in the household. Both men and women agreed that they have play different roles and shared household responsibilities for wellbeing and better quality of life. When they have to play roles in the community, it depends on how the role will be of benefits to the family. 61 All of men and women in the consultation meetings are delighted that they can speak out their concerns. It is significant moment for them that their voices can be heard, and they have rights to protect existing resources in the community, added by the participants. 62 Questions and requests asked during the consultation meetings include: 1) When will the civil works start? They were waiting to have new roads in their communities for long time, would the project accept contribution from the local people so this project would not be the dream project and if so, what could local people contribute to have this project materialized? 2) Information on the project must be made visible for the villagers to understand the message. If poster will be developed, it should have color pictures for communication of important messages especially on grievance procedures. 3) They proposed to have phone number of person who can answer questions when they want to file grievance. 4) Which party will be responsible to resolve the issues related to accidents and safety issues in the communities? 5) If there were damages to their assets such as house from the civil works who will be responsible to compensate for it. 6) At night the area under the construction must be made visible for the villagers by putting reflection sign in order to prevent accident during travel at night. 63 The answer from the consultation team was that their concerns will be addressed in the ARAP and ESMP for the contractor and concerned parties to follow during the construction phase. With regard to the start of the civil works, it will depend on the bidding procedures, the voluntary contribution from the villagers is appreciated but this issue will be reported to the Feasible Study (FS) and Environment and Social Assessment (ESA) Study for the Improvement and Maintenance of National Road 2 28 EGEP for Local Road No. 2571, 2652, 2931-3170, Luangprabang Province provincial and local authorities. However, based on the Resettlement Policy Framework of the Project, the affected asset is to be compensated. 3.2.2 Focus Group Discussions and In-depth Discussion 64 Focus Group Discussion (FGD) and in-depth discussion at village level was conducted from 02 to 07 June 2022 with 626 ethnic participants (307 female). Participants are ethnic group households (men, women), village authorities from the villages along Local Roads No 2571, 2652 and 2931-3170 in Luangprabang Province and representatives from the project team. Table 2. Date and Participants of Public Consultation Meetings in each Village No# of No# of No Village Date Ethnic group participant female Local Road No. 2571, Luangprabang City 1 Vang Ngeun 05/06/2023 7 0 Lao Loum and Khmu 2 Phikyai 03/06/2023 41 22 Lao Loum 3 Densavarng 03/06/2023 25 11 Lao Lum, Khmu and Hmong 4 Natarn 03/06/2023 28 8 Lao Loum and Khmu 5 Nadonekhoun 03/06/2023 29 11 Lao Loum and Khmu Sub-total 130 52 Local Road No. 2652, Chomphet District 1 Xiengman 07/06/2023 19 8 Lao Lum, Khmu and Hmong 2 Nakham 06/06/2023 75 36 Lao Loum 3 Naxaychaleun 06/06/2023 37 17 Lao Loum and Khmu 4 Natan 06/06/2023 17 8 Lao Loum and Khmu 5 Some 06/06/2023 41 21 Lao Loum and Khmu 6 Na 06/06/2023 49 23 Lao Loum and Khmu 7 Xam Or 07/06/2023 47 26 Lao Loum and Khmu 8 Houay Orn 07/06/2023 43 25 Lao Loum 9 Bouamlow 06/06/2023 23 9 Lao Loum Sub-total 351 173 Local Road No. 3170-2931, XiengNgeun District 1 Huayyen 02/06/2023 79 47 Lao Lum, Khmu and Hmong 2 Suandala 02/06/2023 21 4 Lao Lum, Khmu and Hmong Feasible Study (FS) and Environment and Social Assessment (ESA) Study for the Improvement and Maintenance of National Road 2 29 EGEP for Local Road No. 2571, 2652, 2931-3170, Luangprabang Province No# of No# of No Village Date Ethnic group participant female 3 PhonsaAt 02/06/2023 45 31 Lao Loum Sub-total 145 82 Grand total 626 307 Source: Field Survey for Village Socio-economic data, 02-07 June 2022 3.2.3 Free, Prior and Information Consent 65 ESS7 requires Free, Prior and Informed Consent (FPIC) from ethnic groups in a project when the following circumstances apply: • Have adverse impacts on land and natural resources subject to traditional ownership or under customary use or occupation. Examples of the adverse impacts include: o Potential tension with communities, including customary communities’ areas and their ancestral territories located near forest areas. o Reduced or loss of access to forest areas used for subsistence livelihood purposes. • Cause relocation of Ethnic Peoples from land and natural resources subject to traditional ownership or under customary use or occupation; or • Have significant impacts on Ethnic Peoples cultural heritage that is material to the identity and/or cultural, ceremonial, or spiritual aspects of the affected Ethnic Peoples’ lives. 66 Given the Fence-to-Fence approach of the project in road rehabilitation, works on local road no. 2571, 2652, 2931-3170 will not trigger the conditions for FPIC. Nevertheless, the project aims to follow an FPIC approach. Table 3 . FPIC Process FPIC Process Action Taken by the Project/Consultant Team The scope of FPIC applies to Project The project has taken into account the requirement and design, implementation arrangements implements the FPIC through the inclusive consultation and expected outcomes related to risks process. The focus group discussion guideline to discuss to, and impacts on, the affected with male and female ethnic group, and in-depth group Indigenous Peoples; discussion guideline with village authority was designed and applied by the consultant team during the field missions. In addition, the FPIC form to certify FPIC process was also designed and used during the field mission. FPIC builds on the process of The project has conducted public consultation meetings with meaningful consultation and requires ethnic groups and community as a whole during the public good faith negotiation between the consultations and conducted specific consultation with Client and these affected Indigenous ethnic group on 04-11, May 2022. These consultation Peoples meeting were conducted to ensure that ethnic groups have full information about the scope and impacts of the proposed development activities on their lands, resources and well- being, The meetings covered the presentation of (i) overview of the project and purpose of the project, (ii) the purpose of the consultation meeting, (iii) affected areas including Feasible Study (FS) and Environment and Social Assessment (ESA) Study for the Improvement and Maintenance of National Road 2 30 EGEP for Local Road No. 2571, 2652, 2931-3170, Luangprabang Province FPIC Process Action Taken by the Project/Consultant Team positive and negative impact and mitigation measure, (iv) relevant policies, (IV) steps to be taken including informing the community. These meetings provided the baseline information that could be further considered by the ethnic group members and participated in the negotiation during the FGDs meeting. The Client documents: The minutes of meeting from the consultation meetings as the mutually accepted process of well as summary of the FGD with male and female ethnic consultation between the Client and groups, summary of in-depth FGD with village authorities these Indigenous Peoples; and FPIC signed form were prepared as evidence. evidence of support of these Indigenous Peoples on the outcome of the negotiations. FPIC does not require unanimity and The initial consultation process took place during on 04-11 may be achieved even when individuals May 2022. They provide opportunity and time for members or groups within or among these of ethnic groups to know more about the project and affected Indigenous Peoples explicitly contribute to the preparation of the EGEP. Engagement disagree with support for the Project. opportunities ranged from the board public/village consultation to in-depth focus group discussion. Participants were identified with the help of village authorities and through the household socio-economic survey. The summary of FGDs shown diverse ideas that ethnic group members have about the project. 67 Further consultation activities may require translators so that information can be in local language and accessible for all participants 4 Ethnic Groups in the Project Area 4.1 Overview 68 The main objective of the EGEP preparation is to ensure that the proposed project fully meets the objective of the requirement of WB ESS7 and impacts on ethnic minority groups are avoided or minimized, establishing processes for meaningful consultations and ensuring ethnic minority groups can access project benefits while their culture are respected. The findings from the social assessment and meaningful consultation process were used to prepare the present EGEP for the affected ethnic groups in the project area. 4.2 Methodology and Approach adopted for the Ethnic Group Identification 69 The Ethnic group identification followed the main criteria or characteristics, described in the WB ESS7. (a) Self-identification as members of a distinct indigenous social and cultural group and recognition of this identity by others; and Feasible Study (FS) and Environment and Social Assessment (ESA) Study for the Improvement and Maintenance of National Road 2 31 EGEP for Local Road No. 2571, 2652, 2931-3170, Luangprabang Province (b) Collective attachment to geographically distinct habitats, ancestral territories, or areas of seasonal use or occupation, as well as to the natural resources in these areas; and (c) Customary cultural, economic, social, or political institutions that are distinct or separate from those of the mainstream society or culture; and (d) A distinct language or dialect, often different from the official language or languages of the country or region in which they reside. 70 The following methods of data collection were employed at various stages for the social assessment of impacts on ethnic minorities of the project area: - Village and household census data surveys for gathering the data of socio-economic, construction property and different types of affected households including the most vulnerable groups such as woman headed households, poorest households and disable households. These surveys included questions relevant to ethnicity. - Focus group discussions conducted with various groups: woman headed household groups, men and women groups, ethnic groups and village authority groups to collect further information about people’s thoughts and opinions relevant to the positive and negative impacts from the road expansion and maintenance project on their daily livelihood, and to find out their proposed solutions to minimize the negative impacts. - In-depth interviews with the ethnic village authorities were carried out in order to update statistics on village population and traditional and formal positions of power within the villages. 4.3 Household Census Surveys 71 A census was conducted of all potentially affected households and businesses along along the Local Road No. 2571, 2652 and 2931-3170 in Luangprabang Province on 23 May to 16 June 2022. Questionnaires were designed to capture census information including general household information (address, family members, ethnic, and religion, poor or vulnerable), facilities, land, property, income and expenses, health/hygiene and views to support the project. 4.4 Ethnic Community Profile and Classification 72 Lao PDR is a cultural-diverse country. Although the Lao language is the official language, other ethnic languages are still used among different ethnic groups. Most ethnic groups do not have the written language and their traditional customs and religious beliefs vary according to the ethnic groups they belong to. Buddhists form the majority and they mainly belong to the general Lao peoples. Lao PDR is a multi-ethnic country with 50 ethnic groups divided into four main language family groups including Lao-Tai, Mon-Khmer, Chino-Tibetan and Hmong-Iw Mien. Lao Tai speaking people account for approximately 65% of the population. Other family groups are generally considered ‘ethnic minority’ groups. The largest include Mon-khmer and Hmong-Iw Mien making up 30% and 5% of the population respectively. Feasible Study (FS) and Environment and Social Assessment (ESA) Study for the Improvement and Maintenance of National Road 2 32 EGEP for Local Road No. 2571, 2652, 2931-3170, Luangprabang Province 73 In order to adapt to the new changes and bring forth unity among various ethnic communities in Lao PDR, the LFNC identified 49 ethnic categories and more than 160 ethnic sub- categories. The official terminology uses in the Constitution for describing the diverse population of the Lao PDR has been “Banda Phao” or “all ethnic communities”, while the name of the groups is normally used to classify the ethnic groups. According to LFNC, the Lao ethnic communities are categorized into four ethno-linguistic communities as below: 74 The “Lao-Tai” (also referred to as “Tai-Kadai”), which includes the dominant “Lao ethnic communities” and the “lowland Tai” speaking communities. The “Lao-Tai” consists of eight ethnic sub-communities as in Table 4 below: Table 4. List of Ethnic Community under Lao-Tai Linguistic Group S. No. Sub-Ethnic S. No. Sub-Ethnic S. No. Sub-Ethnic 1 Lao 4 Tai 7 Phutai 2 Leu 5 Nhuane 8 Yang 3 Xaek 6 Tai neua The second linguistic group is “Austro-Asiatic, also called Mon-Khmer” group, which consists of 32 ethnic sub-groups as in Table 5 below: Table 5. List of Ethnic Groups under Mon-Khmer Linguistic Family S. No. Sub-Ethnic S. No. Sub-Ethnic S. No. Sub-Ethnic 1 Khmu 12 Phong 23 Bid 2 Pray 13 Thene 24 Lamed 3 Xingmoon 14 Eudou 25 Samtao 4 Katang 15 Makong 26 Taoey 5 Yru 16 Triang 27 Katu 6 Yae 17 Brao 28 Kriang 7 Hahak 18 Oey 29 Suay 8 Jeng 19 Kadang 30 Pako 9 Nhaheun 20 Lavy 31 Nguane 10 Kmer 21 Toum 32 Tri 11 Moy 22 Kree 75 The “Hmong- Iw Mien” group which consists of two ethnic subgroups: Hmong and Iw Mien (Iw Mien is also called Yao) as in Table 6 below. Feasible Study (FS) and Environment and Social Assessment (ESA) Study for the Improvement and Maintenance of National Road 2 33 EGEP for Local Road No. 2571, 2652, 2931-3170, Luangprabang Province Table 6. List of Ethnic Group under Hmong-Iewmien Linguistic Family S. No. Sub-Ethnic S. No. Sub-Ethnic 1 Hmong 2 Iw Mien 76 The “Chinese-Tibetan” (also referred to as “Sino-Tibetan”), which includes the Chinese and Tibeto-Burman Ethnic Community and consists of 7 ethnic subgroups in Table 7 below. Table 7. List of Ethnic Groups under Chinese-Tibetan Linguistic Family S. No. Sub-Ethnic S. No. Sub-Ethnic S. No. Sub-Ethnic 1 Akha or Ko 4 Phunoi 7 Lolo 2 Sila 5 Lahou 3 Hor 6 Hayi 4.5 Ethnic Groups in the Project Province 77 Most Ethnic Groups in Lao PDR are poor and disadvantaged. Despite the efforts made by the GoL institutions to improve the socioeconomic conditions of these peoples, many of them still lag behind other Lao peoples especially in terms of poverty rates, literacy and health. Many ethnic groups still cannot speak and read Lao language and thus unable to effectively make use of schools and health clinics, which have only Lao speaking staff. Most of the ethnic groups are staying in the remote areas of the country and difficult to reach for proper village development. Most of these peoples live on subsistence agriculture while efforts are being made by GoL and development partners to promote additional practices on handicrafts and local trade. 78 Lao PDR is a multi-ethnic country with 50 ethnic groups divided into four main language family groups including Lao-Tai, Mon-Khmer, Sino-Tibetan and Hmong- Iw Mien. Lao Tai speaking people account for approximately 65% of the population. Other family groups are generally considered ‘ethnic minority’ groups. The largest include Mon-khmer and Hmong- Iw ien making up 30% and 5% of the population respectively. 79 Typically, the Lao-Tai reside in the agriculturally productive lowland areas and are also primary residents of urban areas. The Mon-Khmer traditionally lives in midland rural areas, whilst the Hmong- Iw Mien is generally found in the upland and highland mountains in the north. Further information is presented in Table 8 below. Feasible Study (FS) and Environment and Social Assessment (ESA) Study for the Improvement and Maintenance of National Road 2 34 EGEP for Local Road No. 2571, 2652, 2931-3170, Luangprabang Province Table 8. Language Family Description Ethnic sub-groups in the Project Area Language Ethnic sub-groups in Description Family the Project Area Leu The “Lao-Tai” (also referred to as “Tai-Kadai”), Lao Loum, Leu, Xaek, which includes the dominant “Lao ethnic Tai, Nhnane, Tai neua, communities” and the “lowland Tai” speaking Phoutai, Yang communities. The “Lao-Tai” consists of eight ethnic sub-communities. Tai Leu or the Tai Lü people are an ethnic group of China, Laos, Thailand, Burma and Vietnam. They speak a Southwestern Tai language. Mon- The Mon-Khmer (often referred to as Lao Theung) Khmu, Makong Khmer traditionally live in the middle hill areas, are animist, tend to practice swidden agriculture, utilize forest products and are relatively isolated from the dominant lowland culture - although there has been assimilation and integration for centuries. This linguistic family includes 32 ethnic groups and related sub-groups. Their language links them to the Mon (Menam Region) and the Khmer (Cambodia). Source: Linguistic Survey of Phongxaly, Lao PDR. (Institute for the Study of Languages and Cultures of Asia and Africa (ILCAA)). Results of Population and Housing Census 2015 (Lao Statistics Bureau) and Chazee, 1999 and NSC, 2015. 80 The geographical spread of ethnic groups across the Project villages reflects the broader regional trends. In general, the Mon Khmer Linguistic Family group is the dominant group in the Project Area, comprising 65% of the population. Villages dominated by the Mon Khmer Linguistic Family group are generally located in the lower highland zone. Several sub-groups including the Hmong, Leu and Lao Loum also reside in the Project Area. The remaining population consists of ethnic minority groups comprising of the Hmong, Leu and Lao Loum ethnic group from the Hmong Iw Mien and Lao-Tai. 4.6 General Socio-economic Profile of Ethnic Minorities in the Project Area 4.6.1 Gross Income and Expense per Year in all Villages 81 Sources of household income in different villages along Local Roads No. 2571 of Luangprabang City, 2652 of Chomphet District, and 2931-3170 of Xieng Ngeun District, Luangprabang Province are quite similar and are derived from a combination of cash crops farming, raising large and small animals as a commodity and consumption, trading and general employment with the government and private sectors. Feasible Study (FS) and Environment and Social Assessment (ESA) Study for the Improvement and Maintenance of National Road 2 35 EGEP for Local Road No. 2571, 2652, 2931-3170, Luangprabang Province Table 9. Main Livelihoods and Income in the Project Area Market No. of Area Production No. Village Type Price HH (Ha) (Kg) (LAK)/Kg) Local Road No. 2571, Luangprabang District Phikyai, Paddy farming 229 173 187,000 6,000 Densavarng, 1 Industrial Tree /Crop Natarn, 35 77 17,000 9,000 Nadonekhoun farming Total 389 341 252,000 21,500 Income paddy farming/year (LAK) 1,122,000,000 Income Upland land farming/year (LAK) 312,000,000 Income Industrial Tree /Crop farming/ year (LAK) 153,000,000 Grand total Income/year (LAK) 1,587,000,000 Income paddy farming/HH (LAK) 4,899,563 Income Upland land farming/HH (LAK) 2,496,000 Income Industrial tree/Crop farming/ HH 4,371,429 (LAK) Grand total Income/HH (LAK) 11,766,992 Local Road No. 2652, Chomphet District Xiengman, Paddy farming 366 296 285,000 6,000 Nakham, Industrial Tree /Rubber 2 324 158 780,000 10,000 Huayaorn, farming Buamlow Agricultural garden 545 441 153,000 9,000 Total 1,343 1,369 1,245,000 31,500 Income paddy farming/year (LAK) 1,710,000,000 Income Upland land farming/year (LAK) 175,500,000 Income Industrial Tree /Crop farming/ year (LAK) 7,800,000,000 Agricultural garden/ year (LAK) 1,377,000,000 Grand total Income/year (LAK) 11,062,500,000 Income paddy farming/HH (LAK) 4,672,131.15 Income Upland land farming/HH (LAK) 1,625,000 Income Industrial tree /Crop farming/ HH 24,074,074.07 (LAK) Agricultural garden/ HH (LAK) 2,526,605.50 Grand total income (LAK) 32,897,810.73 Local Road No. 2931-3190 XiengNgeun District Paddy farming 12 12 9,800 6,000 Huayyen Upland farming 23 18 8,040 6,500 3 Industrial Tree /Crop Suandala 20 20 42,000 10,000 farming Agricultural garden 22 16 7,300 9,000 Total 77 66 67,140 31,500 Income paddy farming/year (LAK) 58,800,000 Income Upland land farming/year (LAK) 52,260,000 Income Industrial Tree /Crop farming/ year (LAK) 420,000,000 Feasible Study (FS) and Environment and Social Assessment (ESA) Study for the Improvement and Maintenance of National Road 2 36 EGEP for Local Road No. 2571, 2652, 2931-3170, Luangprabang Province Market No. of Area Production No. Village Type Price HH (Ha) (Kg) (LAK)/Kg) Agricultural garden/ year (LAK) 65,700,000 Grand total Income/year (LAK) 596,760,000 Income paddy farming/HH (LAK) 4,900,000 Income Upland land farming/HH (LAK) 2,272,174 Income Industrial tree /Crop farming/ HH 21,000,000 (LAK) Agricultural garden/ HH (LAK) 2,986,364 Grand total income (LAK) 31,158,538 Average Income for Luangprabang Province Income paddy farming/HH (LAK) 4,823,898 Income Upland land farming/HH (LAK) 2,131,058 Income Industrial tree /Crop farming/ HH 16,481,834 (LAK) Grand total Income/HH (LAK) 23,436,790 LAK= LAO KIP Sources: Field Survey for Village Socio-Economic Data Collection, 23 May-16 Jun, 2022 4.6.2 Land Use 82 The total land use area in the 11 villages along the Local Road No. 2571, 2652 and 2931-3170, Luangprabang Province is about 8,981 ha. However, land allocation and land use planning for individual households in some areas have not been completed yet. Each plot and type of land has both land titles (licenses) and no land titles. The villagers reported that the land has been used and inherited by ancestors and passed down from generation to generation. 83 The total residential land in the 11 villages along the project roads alignment of Local Road 2571, 2652 and 2931-3170 is approximately 3,427 ha. Depending on the livelihood’s practices, the paddy land is about 1,494 ha, the upland farming is about 148 ha and the land available for Industrial Tree /Crop farming is about 1,028 ha. More details can be seen in the table 10 below Feasible Study (FS) and Environment and Social Assessment (ESA) Study for the Improvement and Maintenance of National Road 2 37 EGEP for Local Road No. 2571, 2652, 2931-3170, Luangprabang Province Table 10. Land Use of Affected Households in the Affected Villages restoration area Protected forest plantation (Ha) Industrial tree of village (Ha) of village (Ha) Used forest of Village forest Sacred forest Conservative Total area of Agricultural Upland rice village (Ha) village (Ha) paddy (Ha) Rice paddy Residential Production forest (Ha) Land (Ha) Cemetery land (Ha) of village forest (Ha) (Ha) (Ha) No. Village Local Road No. 2571, Luangprabang District 1 Vangnguen 774 420 112 0 0 242 0 0 0 0 0 0 0 2 Phikyai 809 335 138 0 55 102 21 38 76 0 0 24 0 3 Densavarng 620 268 120 0 70 56 0 55 0 43 0 8 0 4 Natarn 550 230 165 0 66 35 0 22 0 28 0 4 0 5 Nadonekhoun 488 237 122 0 40 24 0 35 0 28 0 2 0 Total 3,241 1,490 657 0 231 459 21 150 76 99 0 38 0 Local Road No. 2652, Chomphet District 1 Xiengman 660 440 58 0 68 52 0 16 0 0 12 14 0 2 Nakham 540 270 84 0 76 73 0 15 0 12 8 2 0 3 Huayaorn 958 325 192 65 178 98 0 48 0 25 23 4 0 4 Buamlow 780 272 175 20 154 120 0 25 0 0 12 2 0 Total 2,938 1,307 509 85 476 343 0 104 0 37 55 22 0 Local Road No. 2931.3190 XiengNgeun District 1 Huayyen 640 214 122 18 128 88 0 28 24 0 16 0 0 2 Suandala 700 260 128 20 116 110 0 23 18 0 22 0 0 Total 1,340 630 328 63 321 270 0 0 58 0 50 7 0 Grand Total 7,519 3,427 1,494 148 1,028 1,072 21 254 134 136 105 67 0 Sources: Field survey at the village socio-economic data, 23 May-16 Jun, 2022 Feasible Study (FS) and Environment and Social Assessment (ESA) Study for the Improvement and Maintenance of National Road 2 38 EGEP for Local Road No. 2571, 2652, 2931-3170, Luangprabang Province 4.6.3 Gender 84 Similar to the rest of Lao PDR, semi-urban economies in the Project corridor have a gendered division of labor and a gendered division of the income and benefits of labor. Some roles are traditionally undertaken by men (e.g. construction, farming, transporting products, trading etc.) and some roles are traditionally undertaken by women (e.g. handicraft, and livestock rearing, tea farming, tea picking, tea processing). Women undertake most household duties (i.e. cooking and cleaning), including the collection of water for household consumption or usage, and the collection of firewood or fuel and taking care of small livestock. 85 In the surveyed villages, both men and women play a role in agriculture and livelihood activities. Men are generally more involved in the trading and agriculture works; however, women also help in weeding and taking care of the crops in the farm. 86 Men also sell their labor to make an income through buying and selling agricultural products. The trade of agricultural products is in the form of direct and indirect incomes. Some of men become middlemen collection large volume of tea from their community and process in a unique process. Then sell dried tea in high price to Chinese traders. 87 All of ethic women said that their barriers to participation public and social activities across the ethnic culture. This kind barrier low self-esteem to participate in several income sources as well. However, there are some women who always communicate with people from district can interact with various activities. These women can lead and play important role in the household as well. 88 In long-term, it is recommended to address on the involvement and participation of women in various activities especially village organization. In this project, women must consider to participate in representation in leadership and executive committees. Women must also be given equal opportunity to represent the household in meetings, trainings, and similar programs/activities. Women will be also encouraged and provided with employment opportunities to possible decree to work for the project and contractors. 4.7 Socio-economic Census of Affected Households due to Land Acquisition 4.7.1 Affected Households 89 The project will affect 2 villages in Luangprabang city and 2 villages in XiengNgeun Distric and Luangprabang city, Luangprabang Province. As mentioned earlier the affected households are mainly within the existing right of way, with a corridor of impacts (COI) at 5.5-6 (or 2.5-3 meters from the road centerline) and thus the impacts are minor and limited to secondary structures. Details information on the affected households are summarized in this chapter. Table 11. Affected Households Numbe Populatio No. Village r n Female I Local Road No. 2571, Luangprabang City 1 Natane 1 4 3 Feasible Study (FS) and Environment and Social Assessment (ESA) Study for the Improvement and Maintenance of National Road 2 39 EGEP for Local Road No. 2571, 2652, 2931-3170, Luangprabang Province 2 Nadonekhoun 1 5 2 Local Road No. 3170-2931, Luang Prabang & II Xieng Ngeun District 1 Phonesavath 2 14 10 2 Houayyen 1 7 5 Total 5 30 20 Sources: DMS May-June 2022 & March 2023 90 All affected households are the Khmu or the Mon-Khmer linguistic group. With the exception of the female elderly, the male elderly and the young generation of the Khmu ethnic group are well integrated into the Lao society and they can speak and understand Lao language. Detailed information on the characteristics of the ethnic group are presented in the Ethnic Group Engagement Plan. Table 12. Ethnic Groups in the Affected Villages/Households due to land acquisition No. Village Number Buddhist Animist I Local Road No. 2571, Luangprabang City 1 Natane 1 0 1 2 Nadonekhoun 1 0 1 Local Road No. 3170-2931, Luang Prabang & II Xieng Ngeun District 1 Phonesavath 2 0 2 2 Houayyen 1 0 1 Total 5 0 5 Sources: DMS May-June 2022 & March 2023 4.7.2 Religions of Affected Households 91 All affected households believe in animist. The Khmu practice some spiritual activities for protection and lucks from spirits of their ancestors. When sickness, illness or bad luck happens, they organize ritual ceremony, slaughter animals and offer alcohol to the spirits of their ancestors to help the family to overcome the bad lucks and illnesses. Table 13. Religions in the Affected Households due to Land Acquisition 5 No. Village Number Buddhist Animist I Local Road No. 2571, Luangprabang City 1 Natane 1 0 1 2 Nadonekhoun 1 0 1 Local Road No. 3170-2931, Luang Prabang II & Xieng Ngeun District 1 Phonesavath 2 0 2 2 Houayyen 1 0 1 Total 5 0 5 Sources: DMS May-June 2022 & March 2023 Feasible Study (FS) and Environment and Social Assessment (ESA) Study for the Improvement and Maintenance of National Road 2 40 EGEP for Local Road No. 2571, 2652, 2931-3170, Luangprabang Province 5.1.1 Infrastructure and Facilities Conditions 92 Table 14 describes characteristic of existing infrastructure and facilities available in the affected households. It informs accessibility of households to different types of equipment and facilities. There acronym and numbering system was created in order to be used as variable in the Table 14. Table 14. Acronym and Numbering System Type of infrastructure and facilities Abbreviations Unit 1. Latrine L HH 2. Market M Places 3. Big Company BC Places 4. Small Shop SS Places 5. Hotel and Guesthouse HG Place 6. All weather land Road A-R Routes 7. Boat Transportation BT Unit 8. Public Bus PB Unit 9. Pick-up and Truck P-T Unit 10. Tractor T Unit 11. Rice Mill RM Place 12. Electricity Household EH HH 13. Industrial factory ID Number 14. Water Well WW Place 15. Drilled Bore DB HH/tap 16. Gravity Fed Water GW HH/tap 17. Pipe Water PW HH 18. River and Lake R-L River 93 Table 15 below revealed that the 11 villages in the project area of the local roads no. 2571, 2652 and 2931,3170, Luangprabang Province, have basic infrastructure such as latrines, bore wells, river and gravity fed water. 94 In affected villages, there are still limited resources for important infrastructures that do not exist in the villages along the local roads no. 2571, 2652 and 2931-3170 Luangprabang Province such as big company, guest house, boat transportation, public bus, industrial factories. Feasible Study (FS) and Environment and Social Assessment (ESA) Study for the Improvement and Maintenance of National Road 2 41 EGEP for Local Road No. 2571, 2652, 2931-3170, Luangprabang Province Table 15. Basic Infrastructure Facilities of Project Beneficiaires/Households No. Basic facilities and services No. Village of 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 HH L M BC SS HG AR WT PB PT T RM EH IF W DB GW PW RL Local Road No. 2571, Luangprabang District 1 Phikyai 85 85 0 5 12 3 0 0 0 50 2 21 85 0 32 16 0 85 0 2 Densavarng 106 106 2 6 25 4 0 0 0 30 5 12 106 0 26 13 0 106 0 3 Natarn 115 115 0 7 9 6 0 0 0 100 1 8 115 0 44 15 0 115 0 4 Nadonekhoun 41 41 0 2 7 2 0 0 0 9 4 2 41 0 29 17 0 41 0 Total 347 347 2 20 53 15 0 0 0 189 12 43 347 0 131 61 0 347 0 Local Road No. 2652, Chomphet District 1 Xiengman 339 339 5 10 48 3 0 0 0 4 2 339 0 0 10 0 0 1 1 2 Nakham 203 203 2 14 15 4 0 0 0 45 50 188 3 3 140 0 0 1 1 3 Shom 132 132 3 9 18 0 0 0 0 24 15 116 0 0 0 116 0 1 1 4 Huayaorn 128 128 2 4 17 1 0 0 4 4 15 110 0 0 0 128 0 1 1 5 Buamlow 116 116 2 5 13 1 0 0 22 10 - 106 3 0 12 89 0 3 3 Total 918 918 14 42 111 9 0 0 26 87 82 859 6 3 162 333 0 7 7 Local Road No. 2931.3190 XiengNgeun District 1 Huayyen 126 126 0 7 0 2 1 2 0 53 47 126 0 0 0 42 0 126 2 2 Suandala 79 79 0 4 0 1 1 1 0 37 44 79 0 0 0 33 0 79 3 3 Phonsawath 91 91 0 7 0 1 1 1 0 42 67 91 0 0 0 19 0 91 1 Total 296 296 0 18 0 4 3 4 0 132 158 296 0 0 0 94 0 296 6 Grand Total 1,561 1,561 16 80 164 28 3 4 26 408 252 1,198 353 3 293 488 0 650 13 Sources: Field survey at the village socio-economic data, 23 May-16 Jun, 2022. Feasible Study (FS) and Environment and Social Assessment (ESA) Study for the Improvement and Maintenance of National Road 2 42 EGEP for Local Road No. 2571, 2652, 2931-3170, Luangprabang Province 5.1.2 Access to Education and Health Services 95 The access to education and health services of all villages along the local roads are as follows: - Along the Local Road No. 2571, Luangprabang City there are 5 primary schools with 23 classrooms and 21 teachers, 14 of them are females. There is one lower secondary school located in Thaluang Village with 4 classrooms and 9 male teachers. Though there is no health care center along this local road, the sick people would go to the provincial hospital for medical treatment. Improvement of this local road would help facilitating better access of the ethnic people to the provincial hospital. - All 4 villages along the Local Road No.2652, Chomphet District have primary schools with 22 classrooms and 21 teachers of whom 16 are females. There are 2 lower secondary schools in the area but both schools have no complete 4 grades yet. There is one health care centre in Xiengman Village, with 5 treatment rooms and 15 health workers of whom 9 are females. - Along the Local Road No.2931-3170, XiengNgeun District, there are two primary schools with 10 classrooms and 8 teachers of whom 6 are females. There is no secondary school, nor health care center along this road. Feasible Study (FS) and Environment and Social Assessment (ESA) Study for the Improvement and Maintenance of National Road 2 43 EGEP for Local Road No. 2571, 2652, 2931-3170, Luangprabang Province Table 16. Access to Education and Health Services No. of Primary School No. of Secondary/High school No.of village health centre No. Village Remark Health Treat School Classroom Teacher Female School Classroom Teacher Female Doctor Female centre room Local Road No. 2571, Luangprabang District 1 Vangnguen 2 8 8 7 - - - - - - - - - 2 Phikyai 1 5 3 2 - - - - - - - - - 3 Densavarng 1 5 6 4 1 4 9 - - - - - 4 Natarn 1 5 4 1 - - - - - - - - Sub-total 5 23 21 14 1 4 9 0 0 0 0 0 Local Road No. 2652, Chomphet District 1 Xiengman 1 5 7 6 2 2 5 3 1 5 15 9 - 2 Nakham 1 5 4 3 - - - - - - - - - 3 Huayaorn 1 6 6 4 - - - - - - - - - 4 Buamlow 1 6 4 3 - - - - - - - - - Sub-total 4 22 21 16 2 2 5 3 1 5 15 9 0 Local Road No. 2931.3190 XiengNgeun District 1 Huayyen 1 5 4 3 - - - - - - - - - 2 Suandala 1 5 4 3 - - - - - - - - - Sub-total 2 10 8 6 0 0 0 0 0 0 0 0 0 Grand Total 11 55 50 36 3 6 14 7 1 5 15 9 0 Feasible Study (FS) and Environment and Social Assessment (ESA) Study for the Improvement and Maintenance of National Road 2 44 EGEP for Local Road No. 2571, 2652, 2931-3170, Luangprabang Province 5.1.3 Level of Education of Affected Households 96 The adult affected people along the local road no. 2571 have at least completed primary education level. Minor proportion or less than 1 percent of the people living along local roads No. 2652 and 2931-3170 did not have primary level education. 97 Approximately 40% and 29% of the people living along the local road no. 2571 have completed primary and lower secondary level respectively while about smaller proportion of people continue to further education with 18%, 9% and only 4% completed higher secondary level, diploma level and bachelor level education respectively. The level of education in other 2 remaining local roads no 2652 and 2931-3170 are quite similar with those along the road 2571, less people have access to higher education after high school level education. More details are summarized in the table 17 below Feasible Study (FS) and Environment and Social Assessment (ESA) Study for the Improvement and Maintenance of National Road 2 45 EGEP for Local Road No. 2571, 2652, 2931-3170, Luangprabang Province Table 17. Level of Education of Affected Households No formal Lower secondary High school Bachelor’s degree Population Primary school Higher diploma No. Village education school degree and beyond T F T F T F T F T F T F T F Local Road No. 2571, Luangprabang District 1 Vangnguen 951 509 0 0 382 224 345 163 142 84 66 28 16 10 2 Phikyai 457 221 0 0 178 85 102 46 98 50 55 25 24 15 3 Densavarng 634 303 0 0 220 102 188 92 146 69 56 27 24 13 4 Natarn 542 276 0 0 264 124 122 68 82 45 46 22 28 17 5 Nadonekhoun 205 108 0 0 68 30 55 34 37 18 32 18 13 8 Sub-total 2,789 1,417 0 0 1,112 565 812 403 505 266 255 120 105 63 Local Road No. 2652, Chomphet District 1 Xiengman 1690 827 18 14 555 251 398 192 366 159 278 155 75 56 2 Nakham 932 405 12 9 371 203 319 106 145 55 67 24 18 8 3 Naxaijalern 208 107 0 0 120 62 34 18 24 18 16 4 14 5 4 Huaytarn 342 159 0 0 152 67 78 40 65 28 32 19 15 5 5 Shom 588 249 0 0 478 278 103 65 77 45 45 23 20 17 6 Na 403 201 5 3 204 122 124 41 58 27 12 8 0 0 7 Xumaor 318 137 0 0 129 51 94 52 77 24 18 10 0 0 8 Huayaorn 568 264 0 0 265 134 163 77 98 31 25 10 17 12 9 Buamlow 505 217 0 0 235 112 131 54 92 31 33 12 14 8 Sub-total 5,554 2,566 35 26 2,509 1,280 1,444 645 1,002 418 526 265 173 111 Local Road No.2931.3190 XiengNgeun District 1 Huayyen 742 347 4 3 264 135 198 79 132 66 102 48 42 16 2 Suandala 522 322 0 0 215 120 158 78 93 44 42 24 14 9 3 Phonsa-ard 513 246 0 0 226 118 144 67 99 47 44 14 0 0 Sub-total 1,777 915 4 3 705 373 500 224 324 157 188 86 56 25 Grand Total 10,120 4,898 39 29 4,326 2,218 2,756 1,272 1,831 841 969 471 334 199 T= total; F= Female. Source: Field Survey for Village Socio-Economic Data Collection, 23 May-16 Jun, 2022 Feasible Study (FS) and Environment and Social Assessment (ESA) Study for the Improvement and Maintenance of National Road 2 46 EGEP for Local Road No. 2571, 2652, 2931-3170, Luangprabang Province 5.1.4 Main Occupations 98 All affected households are engaged in farming especially in rice, maize, jobs’ tear cultivation for domestic markets as well as for household consumption. The affected households have land use rights certificates for their agricultural land but not yet land title. All have land title for their residential land. Table 18. Main Occupations of the Affected People due to Land Acquisition Government No. Village Farmer Trader officer I Local Road No. 2571, Luangprabang City 1 Natane 1 0 0 2 Nadonekhoun 1 0 0 Local Road No. 3170-2931, Luang Prabang II & Xieng Ngeun District 1 Phonesavath 2 0 0 2 Houayyen 1 0 0 Total 5 0 0 Sources: DMS May-June 2022 & March 2023 5.1.5 Poor and Vulnerable Households 99 Vulnerable households, as defined by Decree 348/GOL, dated 16/11/2017 on the Criteria for Poverty Graduation and Development, Article 4 of this Decree defined criteria for graduation of families from poverty as following: • Have safe and strong housing; • Have assets and equipment necessary for their livelihoods and income generation; • Have labour, stable income or employment; • School age family members receive lower secondary school education; • Have access to clean water and stable sources of energy; • Have access to primary public health services; In order to put this decree into implementation, the government also issued a Guideline number 0830/MAF, dated 06/04/2018 on guideline for implementation the decree on the Criteria for Poverty Graduation and Development. Section 4 of this guideline indicated that families that graduated from poverty are the families that achieved six criteria for graduation of families from poverty defined in the Decree 348/GOL, but still do not have stabilization, and vulnerable to development, risk to fall back to poverty family due to those families are not yet achieved the majority of criteria for developed families such as: political aspects, education, cultural, environmental, and national defense-peace keeping. Importantly, although members of family have occupations, they remain at subsistence income. They do not have saving for families to ensure economic stabilities of their families. Average income per person should not less than 5.6 million kip or USD700 per person per year. Feasible Study (FS) and Environment and Social Assessment (ESA) Study for the Improvement and Maintenance of National Road 2 47 EGEP for Local Road No. 2571, 2652, 2931-3170, Luangprabang Province The vulnerable group in these conditions is as follow: (i) Ethnic people with poor income per person less than 5.6 million kip; (ii) Ethnic people whom as female being head of the family, (iii) Ethnic people whose only elderly people age over 60 years old in household and (iv) Ethnic people who having disable person in the household. 100 Based on the criteria mentioned above amongst the 5 affected households by land acquisition, none are classified as vulnerable households. 6 Adverse and Positive Impacts of the Project 6.1 Positive Impacts 101This local road project will create social benefits: These include (1) Improvement of the economic conditions of beneficiary households; (2) Increase household income and hence, reduce poverty due to (a); potential commercialization of agricultural and non-agricultural production expected to increase in the areas; (b) The buyers can come to collect and buy local products in place with reasonable prices thanks to the improved condition of road; (3) Savings on labor, time and local materials for the beneficiary households from the frequent repair of the road particularly during the wet season; (4) Increased empowerment of ethnic groups and women through their representation in other committees that will be established through the project implementation and project activities. 102The project can also provide individual households (HH) benefits. Beneficiary households and local people are expected to save time spent to access public services such as health centers, high schools, banks, agricultural technical service center located in the district and provincial towns. The road users could also benefit from improved access to economic domains as they would transport their agricultural and non-agricultural products (such as tea products, jobs tea and, non-timber products and animals’ products) to the districts market. More chance for children in community can travel to school and return home safely by this road project. More convenient type of vehicles as bike can be used proper to travel in short distance or can event travel to the main city easier. All those positive impacts mentioned will continue HHs improved livelihood and income to finance education for children and HH member health care. 103The results from consultations indicated that the local authorities and communities, including ethnic groups and women, along the project areas expressed full support for this local road improvement and maintenance. Their high expectation is that the road works will happen soon. The communities suggested that additional consultation should be made during the preparation of construction stage. This is to ensure that their views and expectations are considered. They expressed their commitment to supporting sub-project implementation by 1) participation in all stages of this local road project from the community level; and 2) collaboration with DPWT of Luangprabang to monitoring the implementation of environment and social management plan by the contractor. Feasible Study (FS) and Environment and Social Assessment (ESA) Study for the Improvement and Maintenance of National Road 2 48 EGEP for Local Road No. 2571, 2652, 2931-3170, Luangprabang Province 6.2 Negative Impacts 104In general points, road rehabilitation works may disrupt the communities in the vicinity of the right of way as there are expected to be an influx of workers, increased traffic of heavy machines and possible conflicts with the local population. 105Concerns were also raised over Occupational Community Health and Safety (OCHS) including risks associated with potential influx of outside labors. Consultations with communities suggested that key concerns are increase in dust, noise, residential entry, parking of trucks and laydown machinery. These lead to community safety during improvement and rehabilitation of construction works. The negative impacts during improvement and rehabilitation will be mainly short-term, localized, and limited scope. The measures and mitigations can be pointed out through the application of specific requirements identified in the ESMP. Below paragraphs briefly discuss the key issues and proposed measures to mitigate the potential risks and negative impacts of the proposed Project during preconstruction, construction, and operations phases. Results from the assessment suggested that most of the potential negative impacts are considered direct and short term with some risk on long term impacts on socio- economic, and noise/vibration. - Potential negative impacts during preconstruction phase 106The proposed works to be financed under the project will be carried on fence-to-fence approach and may involve minor realignments and insignificant expansion. The impacts will include small amount of structures/fences which will have limited impacts on the ethnic groups. Preparation and implementation of ARAP and EGEP will be carried out to address and mitigate potential negative impacts during both construction and operational phases and they can be highlighted as follows: - Potential negative impacts during construction phase 107Potential risks and negative impacts of the proposed road improvement and rehabilitation activities on local communities and local environment will be limited to road safety, temporary disruptions of local traffic, and limited impacts on air quality, noise and vibration, and change of landslide/erosion. These impacts will be short-term, localized, and can be mitigated through the application of specific requirements identified in the ESMP of this local roads sub-project. 108Key negative impacts during the proposed rehabilitation works will include, but not limited to, the following activities: (i) establishment and operation of worker camps, including disposal of waste generated from the camp; (ii) establishment and operation of construction materials and equipment yards and access roads, including access tracks/haulage routs; (iii) workers safety and hygienic conditions including hiring skilled workers from outside of the locality and other environmental issues due to workers; (iv) water for staff and workers consumption and construction, including interruption of water supply; (v) storage of hazardous materials (including wastes); and (vi) other typical construction activities such as handling of fuels, oil spill and lubricants, cutting of trees in the right of way, excavation of drainage channels, disposal of excavated material, loss of fertile soil and vegetation and impacts on natural vegetation and embankment erosion along the watercourse, dust and smoke emissions, noise Feasible Study (FS) and Environment and Social Assessment (ESA) Study for the Improvement and Maintenance of National Road 2 49 EGEP for Local Road No. 2571, 2652, 2931-3170, Luangprabang Province pollution, excavation of borrow areas, rehabilitation of borrow pits, encountering archaeological sites during earth works, aesthetic/scenic quality, etc. 109Other potential social risks associated with possible labor influx of outside workers mobilized include Community Health and Safety (CHS) issues, Gender-based Violence (GBV) and Violence Against Children (VAC) and other incidences of Sexual Exploitation and Abuse (SEA) that may occur during the contraction as well as maintenance phases. Risks also involve potential impacts, destruction and insensitive actions against cultural heritage (both tangible and intangible). Tangible cultural heritage may include various items of physical cultural resources, temples, graves, spiritual forest designated area and religious items. Intangible cultural heritage is related to traditional and religious norms and practices and ethnic languages used and followed by different ethnic groups. While there are no direct impacts to cultural heritage, training of personnel and cultural sensitization will be necessary, especially for workers from outside the communities. An Environmental and Social Health and Safety (ESHS) Guideline including CHS procedures and Code of Conducts (COC) are adopted into ESMP prepared to be applied to manage the above discussed risks and impacts under the project. - Potential impacts during road operations and maintenance phase 110Potential negative impacts during O&M phase will mainly focus on increasing risks on road safety and increasing noise, vibration, and quality of new road to resist on potential change of landslide /erosion after completion of the rehabilitation works. However, the main objective of the proposed project is to minimize the large and long-term impacts to community and environmental as main risks. Social risks associated with outside workers and equipment mobilized or retained for road maintenance works are expected to remain during the operation phase including CHS issues, GBV and VAC. Nonetheless, to further mitigate the potential negative impacts on road safety risk and the change of landslide /erosion. Additional efforts will be integrated to limit other potential impacts and mitigation measures can be discussed. - Ethnic Group 111As this project work for this local road no. 2571, 2652 and 2931-3170 Luangprabang Province. Main common negative impacts of all ethnic groups discussed when road has been maintained and during construction period under other road maintenance and improvement projects include (i) increased human and animals road accident; (ii) loss of assets (temporally or minor); (iii) health hazards such as: (a) dust and noise pollution; (b) potential to contact human’ diseases as covid-19 (c) possible to get danger from construction material storage and construction sites; (iv) social problems due to (a) in connection between people from outside and local people, this may trigger opportunity of health problem as ethnic groups met lack of basic knowledge on Human Immunodeficiency Virus/ Acquired Immune Deficiency Syndrome Sexually Transmitted Infections (HIV/AIDS/STI) prevention and protection; (b) possible to increase illegal trades, (c) violence against women and children, thief and human trafficking. 6.3 Summary of Impacts and Mitigation 112The summary of proposed project’s impacts and the associated mitigation measures is provided in table below. Feasible Study (FS) and Environment and Social Assessment (ESA) Study for the Improvement and Maintenance of National Road 2 50 EGEP for Local Road No. 2571, 2652, 2931-3170, Luangprabang Province Table 19. Impacts and their Mitigation Main Themes Impacts Proposed Actions Responsible Persons When Environment • The construction will • These issues have been addressed • MPWT/DOR Initial measurements and health issues create more dust, noise, and mitigation measure has been • DPWT, have been taken. dirt and traffic disruption defined in the IEE and ESMP • Environmental already. unit Violence against • The influx of construction • To address this issue and include • MPWT/DOR Initial measurements women and workers may create mitigation measures in the IEE • DPWT, have been taken. children violence against the ethnic and ESMP • Environmental women and children unit Impacts to • There has been avoidance • These issues have been addressed • MPWT/DOR Initial measurements structures of impacts by taking a and mitigation measures have • DPWT, have been taken. Fence-to-Fence approach been already defined in the IEE • EDPD/DPWT and there is no demolition, and ESMP. • Impact loss of stores, etc. • The detail information of affected calculation team. • Minor impacts still remain structures has been included in the • ARAP team. as fences, kitchens and results of the survey inventory of • Head of village other small structures. loss, the mitigation measure and clusters. compensation procedures • Village included in the ARAP and ESMP. authorities. • GRM Committees. Road safety • Accident, insufficient • These issues have been addressed • MPWT/DOR Initial measurements warning sign and road and mitigation measures have • DPWT, have been taken. safety management plan been defined in the IEE and • EDPD/DPWT may lead to road accident. ESMP already. • Environmental • Accidents and/or incidents unit would occur at Feasible Study (FS) and Environment and Social Assessment (ESA) Study for the Improvement and Maintenance of National Road 2 51 EGEP for Local Road No. 2571, 2652, 2931-3170, Luangprabang Province Main Themes Impacts Proposed Actions Responsible Persons When construction sites such as fall in holes, smash into stockpile of dirt or soil/gravel, house inaccessibility, etc. • Accidents or incidents often occur during construction. Warning and restrictive signs should be installed where applicable. • Traffic conditions may be more difficult during construction. Demarcation of • Unclear demarcation of • The detail information of affected • MPWT/DOR Initial measurements affected area the affected area structure has been included in the • Environmental have been taken. results of the inventory of loss, unit the mitigation measure and • ARAP team. compensation procedures included in the ARAP and ESMP. Residential entry • Access into/out from the • These issues have been addressed • MPWT/DOR Initial measurements and drainage villages is difficult during and mitigation measures have have been taken. system/network the construction. Road been defined in the IEE and condition needs to be ESMP already. upgrade for the entrance- exit road of the community and small road within the affected communities. Feasible Study (FS) and Environment and Social Assessment (ESA) Study for the Improvement and Maintenance of National Road 2 52 EGEP for Local Road No. 2571, 2652, 2931-3170, Luangprabang Province Main Themes Impacts Proposed Actions Responsible Persons When Timeline of • The construction phase • These issues have been addressed • MPWT/DOR Initial measurements construction should finish in a short and mitigation measures have • DPWT, have been taken. phase timeframe or as soon as been defined in the ARAP, IEE, • EDPD/DPWT possible. If the ESMP, EGEP, and Design of the • Contractor construction is delay it project. will be affected local business, safety and local communities. Affected • Unclear information about • The detail information of affected • MPWT/DOR Initial measurements Households the detailed information of structure has been included in the • DPWT, have been taken. project activities, results of the survey inventory of • EDPD/DPWT beneficiaries, impacts in loss, the mitigation measure and • RAP team each road section. compensation procedures included in the RP, EGEP and ESMP. Information • Accessibility to laws and • These issues have been addressed • MPWT/DOR Initial measurements Sharing and regulation relevant to the and mitigation measures have • DPWT, have been taken. awareness project is required by been defined in the IEE, ESMP, • EDPD/DPWT raising relevant stakeholder ARAP, and EGEP. • EGEP and ARAP groups. team • Head of village clusters. • Village authorities. Feasible Study (FS) and Environment and Social Assessment (ESA) Study for the Improvement and Maintenance of National Road 2 53 EGEP for Local Road No. 2571, 2652, 2931-3170, Luangprabang Province 6.4 Engagement Plan 113The key actions and tasks proposed as part of the present EGEP are discussed in this Chapter. 6.4.1 Key Actions under EGEP 114The key actions proposed under the present EGEP comprise establishment of the GRM with EG inclusion, continued consultations with EGs, nomination of EG focal point within PMU, and participatory monitoring. Importantly, the provisions in the EGEP, in particular in terms of consultations, need to be taken into consideration when implementing the ESMP. 115Further consultations will need to conduct by covering below points: - Affect cemeteries/temples or other cultural heritage - Language barrier, if translation is required by key ethnic group people. - Awareness on GBV, and human trafficking. 6.4.2 Grievance Redress Mechanism (GRM) with EG Participation 116To include the affected village authorities into the GRM committee was suggested in most of the FGDs conducted with the affected ethnic group members. They expect that the village committee will be able to represent their affected households within their villages. Moreover, the GRM committee should include ethnic group members. Ethnic women need to be promoted to ensure that the GRM committee will function for the benefit of all, including ethnic group members, during the project period. In addition, the appointment of a part-time social specialist to assist all ethnic groups is recommended. The consultant would be active during the periods when construction is going on around the ethnic groups’ residential area or business involvement. 117 The comprehensive GRM and its steps and functions including roles and responsibility of each body are outlined in the GRM section of the ARAP. Different ethnic groups in Lao PDR have their own spoken languages. However, the ethnic groups do not have written language. Lao letter is the only written language that different ethnic people use for communication. Thus The GRM process as well as grievance resolution flow chart will be translated into Lao language and will be disseminated via community meetings and printed out on poster and posted at the village offices, community halls, markets or temples where community members can easily see it. 118 Verbal complaints will be accepted and the AP can be assisted so that the complaint can be registered in writing. In addition, complaints can be anonymous if desired by the AP. 119The committee members in each district composed of the following parties: Feasible Study (FS) and Environment and Social Assessment (ESA) Study for the Improvement and Maintenance of National Road 2 54 EGEP for Local Road No. 2571, 2652, 2931-3170, Luangprabang Province • Deputy Chief of the District • Deputy Director of DPWT of Luangprabang Province • Head of District PWT Office • Head of District Office for Natural Resources and Environment • Head of District Agriculture and Forestry • Chairman of District Lao Front for National Construction • Chairman of District Lao Women Union 120The role and responsibilities identified in these directions for the establishment of the grievance committees in each district include: • Coordination with MPWT, village authorities and other concerned parties to create awareness of the APs on the project purpose and to mobilize for cooperation with the project. • Monitor compensation of the affected lands, structures and crops • Coordinate with the project officers in monitoring of compensation payment of the affected land, structures and crops approved by the government • Resolve grievances, problems and settle compensations according to legal frameworks and security • Report periodically on the compensation implementation to the higher authorities and to seek guidance. 121Village grievance committee will also be established in every affected village that will be composed of the following parties: • Village chief • Village authority member, who is responsible for the economic/tax collection issues • Village Lao Women’s Union • Village Front for National Construction • Two Representatives from the APs (one man and one woman) • Two representatives from the ethnic APs (in the villages where there are ethnic Aps Feasible Study (FS) and Environment and Social Assessment (ESA) Study for the Improvement and Maintenance of National Road 2 55 EGEP for Local Road No. 2571, 2652, 2931-3170, Luangprabang Province Finding a solution at Village level Finding a solution Close case If not Through the process of GRM committee (project level) Finding a solution within Close case 10 days If not GRM Provincial project committee Finding a solution Close case within 20 days If not If the complaints have not been resolved, the affected person (AP) may choose to use the right under Lao PDR law to refer the matter to the Court of Justice at free will. Figure 5. Grievance Resolution Flow Chart 6.4.3 Nomination of EG Focal Persons 122Nominate EGEP-focal persons both in EDPD/PTI and construction supervision consultants with representation of ethnic minorities in the GRM and RCs. These focal persons will maintain regular liaison with the EGs, monitor the EGEP implementation closely and devise remedial actions in case of any issue involving EGs. 6.4.4 Participatory monitoring: 123During the project construction, ethnic group representative (Khmu with gender consideration) will be encouraged to participate in the monitoring of EGEP implementation. 6.4.5 Institutional arrangement 124The strategic oversight of the project will be provided through the MPWT management structure, led by the Minister. The Department of Roads (DoR) will manage the project implementation and monitoring. The DoR and Public Works transport and Research Institute (PTI) will coordinate with the provincial Department of Public Work and Transports Feasible Study (FS) and Environment and Social Assessment (ESA) Study for the Improvement and Maintenance of National Road 2 56 EGEP for Local Road No. 2571, 2652, 2931-3170, Luangprabang Province (DPWTs) in Luangprabang province to monitor the implementation of the present EGEP, in addition to ARAP and ESMP of the current proposed project. As stated above, an EGEP focal point will be nominated within PMU to ensure effective and timely implementation of the EGEP. 7 Monitoring and Reporting 125Monitoring and reporting are key components of the EGEP implementation to ensure that: - The approved proposed actions are implemented, and the women or/and female head households receive sufficient support from the project, - The appropriate budget is allocated to the implementation of EGEP sufficiently, - The GRM committee is functioned and able to deal with complains effectively or if the case needs to be solved at the higher level, - The EGEP is fully implemented. 126The MPWT takes full responsibility to oversee the effective implementation of the EGEP. Two monitoring and reporting approaches could be applied: 7.1 Ongoing Monitoring and Reporting: 127The implementation of the EGEP must be part of and included into the overall project contract and project monitoring and reporting system. 128The DoR and Public Works transport works closely with the provincial Department of Public Work and Transports (DPWTs) and GRM committee members at the district and village level to conduct the internal monitoring by collecting information and assessing all EGEP activities implemented to identify their achievements and issues/problems encountered. The internal monitoring should be done monthly. 7.2 Impact Monitoring: 129The impact monitoring should be an integral part of the project contract. The focus of the impact monitoring will be on (i) impacts on affected ethnic households and communities in terms of their livelihood/living standard, (ii) men and women have equal right to receive and access to the project support, and (iii) management of grievance, disputes and conflicts. 130The impact monitoring could be done by conducting a formal focus group discussion (FGD), which could be done annually. The DPWTs must coordinate with the PPWT and DPWT and GRM committee members at all levels to set up the monitoring team and carry out the FGD. If necessary, the external social expert could be hired to facilitate this process. 7.3 Participatory Monitoring 131In addition to impact monitoring, a special process of participatory monitoring will be conducted, and specifically targeted towards members of the Khmu communities. This will take the form of quarterly focus groups convened, while civil works and underway, and Feasible Study (FS) and Environment and Social Assessment (ESA) Study for the Improvement and Maintenance of National Road 2 57 EGEP for Local Road No. 2571, 2652, 2931-3170, Luangprabang Province locations convenient to the members of ethnic groups impacted by the project. These focused groups will discuss among others the work progress, any key impacts on the EGs, their suggested solutions, and any unresolved complaints under GRM. These focus groups will be facilitated by the part time social specialist who will be dedicated to work with members of ethnic groups. Each quarter, a report will be prepared summarizing the results of the focus groups, which will include recommendations for additional corrective actions to be taken, and to be shared with project management, as well as the contractor. 8 Implementation Budget 132The budget for EGEP implementation has been allocated as part of EGEF implementation responsible by EDPD/PTI which is about USD5,000 for the package of local road no. 1221 and 1228. Table 20. EGEP Implementation Budget Main Themes Description Indicative Cost (USD) Organized at least two consultation meetings with ethnic USD3,000 community along project (Project information, Communication (3xUSD1,000/r employment opportunities, and compensation process) ound /village) 11 ethnic villages Develop 11 posters including project information, GBV USD55 and GRM containing a list of key project contacts (with (USD5 x 11) name and phone numbers) Information Prepared 240 project-information booklets containing a USD550 Sharing list of key project contacts (with name and phone (USD55 x 11) numbers) Issues During the Put warning signs and lights, and barriers at the To be covered Construction incomplete construction areas. in the construction Pay for any lost/accident cause by the company’s contract neglects during the construction Include the driveways in the construction design. Arrange the temporary crossing driveway for AP’s houses if the drainage canal needs to be done or if the construction has to be blocked their houses/shops. Safety issues after Put up speed limit control warning signs and lights at To be covered completing the the cross sections, schools, markets, temples and in the construction hospitals. Feasible Study (FS) and Environment and Social Assessment (ESA) Study for the Improvement and Maintenance of National Road 2 58 EGEP for Local Road No. 2571, 2652, 2931-3170, Luangprabang Province Main Themes Description Indicative Cost (USD) Install sufficient streetlights and traffic lights at the construction cross section or T-junction contract Organize the community awareness raising about the USD1,395 traffic rules and regulations for the villagers and teenagers Assign the patrolling police officers at a particular To be covered section to ensure that drivers obey the traffic rules. in the district police department working plan Total USD5,000 Feasible Study (FS) and Environment and Social Assessment (ESA) Study for the Improvement and Maintenance of National Road 2 59