SFG1749 College Education Development Project (CEDP) Framework and Guidelines for Small Ethnic Communities Plan November 2015 1 FRAMEWORK AND GUIDELINES FOR SMALL ETHNIC COMMUNITIES PLAN 1. The constitution of Bangladesh recognizes the presence of the SECs or tribals. The Articles 28 & 29 of its Constitution makes provision of equal rights for its citizens and also stipulates affirmative measures for “disadvantaged sections� of the society. There are also a number of domestic legal documents (such as the Chittagong Hill Tracts Manual 1900, Chittagong Hill Tracts Regional Council and Hill District Councils Acts, or the Bengal Tenancy Act, 1950) that have specific legal provisions for “tribal peoples.� 2. SECs1 comprise about less than 1% (3 million)2 of the population of Bangladesh living mainly in the Chittagong Hill Tracts (CHT) and in rural communities in Mymensingh, Sylhet, Dinajpur and Rajshahi. The small ethnic communities in CHT possess separate identities, specific racial backgrounds, different languages, and distinct heritage and culture. The largest groups are the Chakmas, Marmas, and Tripuras. They differ in their social organization, marriage customs, birth and death rites, food and other social customs from the people of the rest of the country. There is lack of information on their socioeconomic indicators. These communities largely speak Tibeto-Burman languages. Lack of basic infrastructures in some places of CHT also makes it very difficult to implement development projects. Moreover, important issues that need to be considered are: capacity building of indigenous/tribal institutions; social mobilization to motivate students and parents to send children to colleges; supplementary reading materials development in indigenous language; and recruitment and training of teachers in the hill tracts. 3. CEDP aims to address some of these issues within the context of the three key areas proposed to undertake. It is determined that the project will trigger the World Bank’s Operational Policy on Indigenous Peoples (OP 4.10). OP 4.12 will not be triggered in this project. The SMF proposes principles, policies, guidelines and procedure to identify and address impact issues concerning Small Ethnic Communities. The SMF will apply to the CEDP as a whole, and provide the bases to prepare and implement impact mitigation plans as and when project activities are found to cause adverse impacts on Small Ethnic Communities. 4. Applicability of OP 4.10 in the plains districts and CHT will in general depend on (i) the presence and prevalence of SECs in those districts. As there will be no physical work, the adverse impacts of the project are highly unlikely. The main purpose of the Plan(s) will be to enhance as much as is feasible the positive benefits of the program in a manner that is tailored to their social and cultural norms. 1 The Government uses the term “adivasi/ethnic minority� in its Poverty Reduction Strategy Paper. 2 According to the 1991 census, there were 1.2 million indigenous peoples belonging to some 29 tribes. Both figures are however disputed by the indigenous peoples. According to their estimates IP population in the country are nearly 3 million who belong to 45 tribes. 2 Objectives of Small Ethnic Communities Plan 5. The objective of the World Banks’ SEC Safeguards policy (OP4.10) is to design and implement projects in a way that fosters full respect for SECs identity, dignity, human rights, livelihood systems, and cultural uniqueness as defined by the Small Ethnic Communities themselves so that they (i) receive culturally appropriate social and economic benefits, (ii) do not suffer adverse impacts as a result of projects, and (iii) can participate actively in projects that affect them. 6. Keeping consistency with the above safeguard requirements, the main objectives are to ensure that the program activities do not adversely affect Small Ethnic Communities, and that they receive culturally compatible social and economic benefits. This will require NU and colleges to adopt special measures – in addition to those for impact mitigation – to reinforce and promote any available opportunities for socioeconomic development of Small Ethnic Communities’ communities. Defining the Small Ethnic Communities 7. No single definition can capture the diversity of the Small Ethnic Communities, as they are found in varied and changing contexts. As such, NU will use the World Bank and other development partner guidelines to identify SECs in particular geographic areas by examining the following characteristics.  Self-identification as members of a distinct indigenous cultural group and recognition of this identity by others;  Collective attachment to geographically distinct habitats or ancestral territories in the project area and to the natural resources in these habitats and territories;  Customary cultural, economic, social, or political institutions that are separate from those of the dominant society and culture; and  An indigenous language, often different from the official language of the country or region. . 8. Table 1 shows the distribution of Small Ethnic communities living in 28 districts of the country. Table 1: Location of Small Ethnic Communities in Bangladesh Sl. LOCATION SMALL ETHNIC SL LOCATION SMALL ETHNIC No. COMMUNITIES No COMMUNITIES 1. Greater Mymensingh Garo, Hajong, Koch, 5. Greater Sylhet Monipuri, Khasia, Barman, Dalu, Hodi, (Sumangonj, Garo, Hajong, Patro, (Mymensingh, Tangail, Banai, Rajbangshi Mouvlibazar, Sylhet, Kharia, Santal, Oraon Netrokona Jamalpur Hobigonj district) and Sherpur district) 3 Sl. LOCATION SMALL ETHNIC SL LOCATION SMALL ETHNIC No. COMMUNITIES No COMMUNITIES 2. Gazipur Barman, Garo, Koch 6. South-West (Jessore, Bagdi (Buno), Satkhira, Khulna Rajbangshi, Santal district) 3. Coastal Area Rakhain 7. North-Bengal Santal, Oraon, Munda, (Patuakhali, Barguna (Rajshahi, Dinajpur, Malo, Mahali, Khondo, and Coxsbazar district) Rangpur, Gaibandha, Bedia, Bhumij, Kole, Noagaon, Bagura, Bhil, Karmakar, 4. Chittagong Hill Tracts Chakma, Marma, Sirajgonj, Mahato, Muriyar, Tripura, Bawm, Chapainawabgonj, Musohor, Pahan, (Bandarban, Rangamati Natore district) Paharia, Rai, Sing, Turi Pangkhu, Lusai, and Khagrachari Tanchangya, Khiang, district) Mru, Asam, Gurkha, Chak, Khumi Small Ethnic Communities Plan 9. Wherever SEC communities live, in the plains or CHT, the NU will prepare and implement Small Ethnic Communities’ Plans (SECP) in accord with the principles, guidelines and procedure to ensure culturally appropriate benefits to SEC. All the respective colleges will fill in the screening form to ensure that students from SEC communities are adequately included in project activities. SEC Participation and Consultation Strategy 10. Participation of SECs in CEDP introduced technical and vocational training will largely determine the extent to which the SECP objectives would be achieved. Where adverse impacts are likely, NU will undertake free, prior and informed consultations with the would-be affected SECs communities and those who work with and/or are knowledgeable of SEC development issues and concerns. To facilitate effective participation, NU will follow a time-table to consult SECs at different stages of the program cycle. The primary objectives would be to examine the following.  Whether there is a broad community consensus in support for the project activities and to seek their inputs/feedbacks to avoid or minimize the potential adverse impacts associated with the project;  Identify the culturally appropriate impact mitigation measures; and  Assess and adopt economic opportunities which NU and colleges could promote inclusion of SECs in CEDP activities. 11. Consultations will be broadly divided into two parts. First, prior to the starting of the project activities, respective colleges will consult the Small Ethnic Communities about the need for, and the probable positive and negative impacts associated with the 4 project activities. Second, prior to detailed impact assessment, the objectives would be to ascertain (i) how the SECs in general perceive of the need for the project activities; (ii) whether or not the communities broadly support the proposed works; and (iii) any conditions based on which the SECs may provide broad support for the proposed works, which would eventually be addressed in SECPs. 12. To ensure free and informed consultation, NU/respective colleges will,  Facilitate widespread participation of indigenous people communities with adequate gender and generational representation; customary/traditional SEC organizations; community elders/leaders; and civil society organizations like NGOs and CBOs; and groups knowledgeable of SEC development issues and concerns.  Provide them with all relevant information about the subproject, including that on potential adverse impacts, organize and conduct the consultations in manners to ensure free expression of their views and preferences.  Document and share with IDA the details of all consultation meetings, with SEC perceptions of the proposed works and the associated impacts, especially the adverse ones; any inputs/feedbacks offered by SECs; and an account of the conditions agreed with SECs that may have provided the basis for broad based community support for the proposed works. 13. Consultation and communication strategy should be conducted keeping access, cultural appropriateness and gender in mind. Contents of Small Ethnic Communities (SECs) Plan 14. SECPs will primarily aim at mitigating adverse impacts and reinforcing and promoting any available development opportunities in the subproject areas, with a particular focus on the SECs who might be directly affected. Depending on nature and magnitude of impacts, an SECP may generally consist of the following:  Baseline data, including analysis of cultural characteristics; education; social structure and economic activities; land tenure; customary and other rights to the use of land and other natural resources; relationship with the local mainstream peoples; and other factors that may have been suggested by SECs during consultations and are to be addressed in implementation.  Strategy for local participation, indicating timing of consultation and the participants, such as affected SECs, SEC organizations, and individuals and entities which have provided useful feedback and inputs during initial consultations. 5  Mitigation measures and activities, which will generally follow Small Ethnic Communities’ preferences and priorities, including those agreed between the Small Ethnic Community peoples organizations and NU/respective colleges during consultations.  Institutional capacity, taking into account NU’s staff experience, consulting services, and Small Ethnic Communities and civil society organizations in designing and implementing SECPs.  SECP implementation schedule, taking least disruptions to the Small Ethnic Communities livelihood and other activities into consideration.  Monitoring and evaluation, with the participation of Small Ethnic Communities representatives and organizations, and other civil society organizations that may have been operating in these areas.  Financing the SECP. Budgets and sources of fund needed to implement the mitigation measures and development activities, if any, agreed between the Small Ethnic Communities and NU/respective colleges. Small Ethnic Communities’ Socioeconomic Characteristics & Concerns 15. Baseline data (on the various aspects suggested above) and identification of social concerns will primarily focus on the cultural and socioeconomic characteristics of SCCs and the potential vulnerability that might be caused by the proposed school physical works. Data on the following socioeconomic characteristics are expected to indicate the nature and magnitude of adverse impacts and provide the essential inputs for SECPs. Social & Cultural Characteristics  Relationships with areas where they live -- relating to religious/cultural affinity with the ancestral lands, existence and use of livelihood opportunities, etc.  Use of any SEC languages for social interactions and their use in reading materials and for instructions in formal/informal educational institutions in the Small Ethnic Community localities.  Food habits/items that may differ from non-Small Ethnic Communities and the extents to which they are naturally available for free or can only be grown in the Small Ethnic Communities territories, and which are considered important sources of protein and other health needs of Small Ethnic Communities.  Interactions and relationships with other Small Ethnic Communities in the same and other areas.  Presence of customary social and political organizations – characteristics indicating internal organization and cohesion of the communities, and their interaction with those of the non-SEC population in these areas.  Presence of Small Ethnic Communities organizations, like community based organizations (CBOs)/NGOs, working with SEC Small Ethnic Communities 6 development issues, and their relationships with the mainstream organizations also engaged in community development activities.  Other cultural aspects likely to be affected or made vulnerable by the proposed school physical works. Settlement Pattern  Physical organization of homesteads – indicating organizational patterns with the existing community facilities, such as schools, places of worship, cremation/burial grounds, water supply and sanitation, etc.  The extent to which the SEC settlements/neighbourhoods are spatially separated from those of the non-Small Ethnic Communities, indicating interactions and mutual tolerance of each other.  Present distance between the SEC settlements/neighbourhoods and the schools selected for expansion and new construction. Economic Characteristics  Land tenure — indicating legal ownership and other arrangements under which Small Ethnic Communities presently use lands for living, cultivation or other uses.  Access to natural resources — prevailing conditions under which SEC Small Ethnic Communities may have been using natural resources like forests, water bodies, and others that are considered important sources of livelihood.  Occupational structure — indicating relative importance of household’s present economic activities, and the extent to which they might be affected or benefited. Level of market participation — engagement in activities that produce marketable goods and services, and how and to what extent market participation would be affected or enhanced. Impact Mitigation & Development Measures 16. Choice of appropriate and culturally compatible development measures will largely depend on preferences and priorities of the affected SECs and their communities. Wherever feasible and opportunities exists, these measures will be undertaken beyond those meant for adverse impact mitigation. In general such measures might vary from one area to another in the plains and CHT. Grievance redress 17. The project will ensure that Small Ethnic Communities are aware of and have easy access to the grievance redress mechanisms. This will be a critical component to be covered under the communication strategy. The NU and colleges will need to set up a 7 procedure to address complaints and grievances regarding CEDP procedural irregularities and environmental and social guidelines. The procedure will however not pre-empt an aggrieved person’s right to seek redress in the courts of law. All complaints will first be discussed in open meetings in NU and colleges. If this fails, the NU and colleges will refer the complaints to the PIU with the minutes of the hearing taken place at the college level. If PIU fails to resolve the matter, it will refer the unresolved cases to MoE. Communities and individuals who believe that they are adversely affected by a World Bank (WB) supported project may submit complaints to existing project-level grievance redress mechanisms or the WB’s Grievance Redress Service (GRS). For information on how to submit complaints to the World Bank’s corporate Grievance Redress Service (GRS), they will be advised to visit: http://www.worldbank.org/GRS and for the World Bank Inspection Panel to: www.inspectionpanel.org. Monitoring and Reporting 18. As executing agency, NU will be responsible for monitoring and evaluation of activities related to SECs. NU, with the help of the participating colleges, will collect ethnicity-disaggregated data. NU will regularly analyse the program output and impact indicators, including by ethnicity. A Gender and SEC specialist may be appointed who would build the capacity of the EA and relevant IA personnel to collect ethnicity- disaggregated Project data and ensure that monitoring and evaluation procedures include indicators for monitoring impact on the Project’s beneficiaries. NU will provide the World Bank with the following information for their review of performance and compliance with the SMF.  Social safeguard screening: As and when requested, filled-out screening form.  Updates for formal review missions, which would include summary information on schools that have significant adverse impacts on Small Ethnic Communities.  Semi-annual report on compliance of safeguard requirements on SECs. NU information will include impacts of its activities- both positive and negative on the target beneficiaries including information on Ethnic groups and gender. Monitoring Indicators: Indicators Actions Inclusive colleges for SECs Each participating college will develop a data bank with gender disaggregated data on SEC students is  SEC students enrolment (year and grade; %) required. 8 Indicators Actions  SEC students dropout (year and grade; %)  SEC students pass rate (year; %)  SEC students receiving stipend (year, grade, % of total SEC applicants) Teacher’s training on SEC sensitivity Training on SEC needs and sensitivity will be given to colleges’ faculty members.  Number of training/workshops  Gender balance At least 50% of stipend holders among SEC are girls and recruitment of SEC female teachers in SEC  Percentage of male and female teachers in predominant areas. SEC areas  Percentage of students enrolled (level, year)  Percentage of stipend holders (year, level) 9