Early Warning System Project Analysis
For a project with severe or irreversible impacts to local community and natural resources, the Early Warning System Team may conduct a thorough analysis regarding its potential impacts to human and environmental rights.
This project is classified as Category B, based on the World Bank's assessment that most sub-projects entail minor expected impacts that can be mitigated. Category B sub-projects require an Initial Environmental Examination (IEE) report/checklist, including an Environmental and Social Management Plan.
The Asian Development Bank classifies this program as Category B for Environment and Resettlement, and Category A for Indigenous People. The ADB noted in its Indigenous Peoples Planning Framework that 85% or 768 of the 900 target municipalities to be covered by the program have barangays with Indigenous Peoples populations. Under ADB Safeguards, Indigenous Peoples safeguards are triggered if a sub-project directly or indirectly affects the dignity, human rights, livelihood systems or cultures of such communities; or affects the territories, natural, cultural or ancestral domains that Indigenous Peoples own, use, occupy or claim. Given the expected benefits and impacts of the sub-projects, ADB categorized the project as likely to have significant impacts on Indigenous Peoples, requiring an Indigenous Peoples Plan and an assessment of social impacts.
Applicable Social and Environmental Standards triggered by the World Bank
* OP 4.01 Environmental Safeguards
* OP 4.09 Pest Management
* OP 4.10 Indigenous Peoples
* OP 4.12 Involuntary Resettlement
OP 4.01 Environmental Safeguards
The potential impact of any subproject will depend on the nature, location and specific characteristics of the investment. In most cases the environmental and social impacts are expected to be minor, temporary, site-specific, reversible and limited to the construction phase. The World Bank says that potential adverse impacts would be easily mitigated through a combination of a negative list of inappropriate types or locations of subprojects and technical guidance on construction design and practices, as well as general good housekeeping.
OP 4.09 Pest Management
The potential exists for an increased use of pesticides in areas where small irrigation projects are selected by the community (which happened in 1% of KALAHI sub-projects. The World Bank notes that current and future beneficiary communities that chose to invest in small-scale irrigation will be trained in Integrated Pest Management practice through coordination with the Municipal Agricultural Officer of the LGUs and the Department of Agriculture, in order to prevent a potential increase in the use of pesticides. There also exists a potential use of termiticides in treating soils around infrastructure projects, as termiticides are also commonly used to treat the soil around structures.
OP 4.10 Indigenous Peoples
Indigenous Peoples' communities are found and engaged in eight regions covered by the project domains. According to the World Bank, an estimated 477 of the 847 poorest municipalities targeted are located in these regions. Bank documentation also states that subproject plans stemming from Indigenous Peoples' communities (18% of total) were prepared through a free, prior and informed consent process, and include the main elements of an IPP. Moreover, the existing Indigenous Peoples Policy Framework has been enhanced (to improve on the consultative process) based on a specific review of engagement with Indigenous Peoples' communities.
OP 4.12 Involuntary Resettlement
The World Bank asserts that no involuntary physical relocation is anticipated under the project, although some subprojects may require the acquisition of land. An enhanced Land Acquisition, Resettlement and Rehabilitation Framework has been prepared and disclosed through consultations with local communities and civil society organizations involved in the implementation of the program.
Applicable Social and Environmental Standards of the Asian Development Bank
* SPS 2009 Environment Safeguards
* SPS 2009 Involuntary Resettlement
* SPS 2009 Indigenous Peoples
SPS 2009 Environment Safeguards
The Asian Development Bank does not expect subprojects of the Community Driven Development program to have significant adverse impacts on the environment, but still notes that any potential environmental impacts can be mitigated through the implementation of the environmental management plan of each subproject. Environmental concerns and mitigation measures are [to be] discussed in various phases of subproject screening, identification, planning, and implementation. Additionally, site-specific due diligence compliance monitoring is to take place during the implementation phase, and safeguards officers are to be trained and assigned to DSWD regional offices as support staff.
SPS 2009 Involuntary Resettlement
The ADB anticipates that the magnitude of adverse project impacts is expected to be minimal, but adds that impacts will only be known once the specific access roads, bridges, irrigation canals, and domestic water supply systems and other community infrastructure subprojects are selected and designed. The ADB states that a resettlement framework has been prepared to ensure that all involuntary resettlement impacts are fully identified and mitigated in accordance with [Bank] principles.
SPS 2009 Indigenous Peoples
The ADB notes that eight out of the nine regions to be covered by this project have barangays with IP populations. It furthers admits that negative impacts may result from displacements due to civil works requirements but adds since subprojects are small-scale, negative impacts may be minimal. Project development will be undertaken alongside meaningful and culturally sensitive consultation and participation, so as to ensure that Indigenous Peoples are in a position to receive culturally compatible social and economic benefits, and not be adversely affected by subproject implementation.
Consultation Process
Planned locations for project implementation: Northern Mindanao, Mimaropa, Soccsksargen, Caraga, Cordillera Administrative Region, Ilocos, Calabarzon, Western Visayas, Central Luzon, Central Visayas, Eastern Visayas, Zamboanga Peninsula, Davao, and Bicol. Meetings and consultations with communities, barangays, and municipalities are to be conducted under the Community Empowerment and Activity Cycle process, which involves five stages:
(1)Social preparation stage, an overview of physical environment and discussion of priorities with communities as part of the decision-making process;
(2)Sub-project identification stage, reviewing of the criteria and finalization of project plans;
(3)Sub-project preparation, selection and approval, achieved through compliance with the EA process and inclusion of safeguards through community approval;
(4)Implementation and monitoring; and
(5)Community-based evaluation and accountability review.
Consultation meetings are to include an orientation on the project and its designs; schedules of implementation; an explanation of probable benefits, adverse impacts and mitigating measures; and a discussion of compensation packages, with subsequent meetings on valuation, payment, and grievance process. All meetings are to be documented.
ENVIRONMENTAL AND HUMAN RIGHTS RISK ASSESSMENT
Environmental Risks
As the Community Driven Development program is implemented through the completion of smaller sub-projects, rather than one large project, any adverse environmental impacts will depend on the nature, location, and specific characteristics of each site. The Banks expect that any resulting environmental impacts will be temporary, site-specific, reversible and limited to the construction phase. These negative impacts may include: destabilization of slopes and soil erosion due to earthworks, river bank erosion, possible illegal sourcing of construction materials, contamination by oil and grease from heavy equipment, increased dust, disturbance of wildlife, and temporal disruption of waterways and aquatic life.
Relevant questions to ask developers may include:
* Is the project in the vicinity of delicate ecosystems or unique species that may be endangered by nearby development?
* Can local waste treatment and disposal systems handle the volume of waste and types of contaminants produced by the project?
* Will the project introduce toxic chemicals into the air?
* Will effluents from the project contaminate local rivers or water sources?
* Are methods of handling hazardous waste sufficient to prevent contamination of the surrounding environment?
* Might the project contribute to deforestation through clearing for construction, roads or other infrastructure?
Labor Rights
This investment project is expected to finance community infrastructure sub-projects such as health centers, classrooms, day care centers, etc. The Philippine Government's Environmental and Social Management Framework states that hiring preference [will be given] to qualified local community residents, particularly those who will be displaced. The remaining labor force will most likely be outsourced and may place pressure on local communities' resources during the construction phase. There are also potential concerns related to the occupational health and safety of workers, such as: exposure to dust; physical hazards; noise exposure; industrial hygiene issues; and occupational injuries.
Relevant questions to ask developers may include:
* Are hazardous working conditions present?
* Are workers provided protective equipment and training, in a language workers understand, to safely perform their duties?
Right to Health
Construction activities implicate at least temporary, if not longer term, health effects such as increased dust, noise pollution, small-scale to total loss of property, homes and crops, disruption of waterways, and other property impacts. There is also an increased health risk due to the improper disposal or lack of facilities for management of solid waste and sewage during construction activities.
Relevant questions to ask developers may include:
* Have individuals and communities been actively engaged in decisions that may affect their right to health?
* Has individual or community health been affected since the beginning of the investment project?
* Will pollution from development activities affect local air quality?
* Will project wastewater affect access to safe and adequate drinking water?
* Will construction activities begin to affect community health before safeguard measures are adequately implemented?
* Has access to good, affordable and adequate health services been negatively affected since the beginning of the investment project?
Right to Water
Rural infrastructure development under the Community Driven Development program has the potential to impact water rights as a result of construction activities potentially disrupting waterways and sources of community drinking water. Increased turbidity of water due to run-off from construction sites or soil erosion has the potential to negatively impact water quality. Moreover, irrigation development could result in a reduction of downstream water supply, especially during peak season, resulting in the disruption or deprivation of other downstream water users. Moreover, the temporary (or permanent) relocation of communities to accommodate construction activities has a significant potential to negatively impact access to wells and water resources, both in the short and long term.
Relevant questions to ask developers may include:
* Have individuals and communities been actively engaged in decisions that may affect their access to water and sanitation?
* Can local water resources sustain construction needs and still ensure access to safe and adequate drinking water for local communities?
* Will wastewater discharge or other forms of environmental contamination affect the quality of water sources relied on by local communities?
* Will displaced soil from construction activities be dumped in water sources?
* Will the appropriation of land interfere with water availability downstream or from subsequently contaminated groundwater?
* Will local Indigenous People still have access to their traditional water sources?
Right to Food
This project also has the potential to impact the right to food resulting from construction activities. The temporary disruption of aquatic life due to soil erosion from construction sites and earthworks has the potential to negatively impact available food sources for communities living in or around project sites. This may include blocking local communities' access to traditional fishing areas, or, alternatively, adversely increasing the distance to such areas as a result of relocation. Additionally, noise from construction activities may drive animals away from nearby hunting grounds, causing hunters to travel further to hunt for food and may find less catch. This could result in an increased demand for basic necessities, such as food and water, for local inhabitants near construction projects.
Project documents provide for income and livelihood restoration for individuals and local communities that suffer from a loss of property, agricultural land, and/or crops as a result of project activities. The restoration objectives are to ensure the improvement of the socioeconomic conditions of displaced persons, or at least to bring back the pre-subproject income and living standards of affected families at the subproject sites. Strategies include: monetary compensation for asset losses (including property, land, and crops); training on food security; financial and in-kind assistance; and capacity building depending on crop suitability.
Relevant questions to ask developers may include:
* Does the project endanger food supplies by polluting water sources, contaminating soil, or damaging productive ecosystems?
* Will local agricultural production be negatively affected by construction projects, reducing nutritional variety and quantity of accessible local food?
* Are natural resources being cleared which local people rely on for food or income?
* If resettlement occurs, do people have access to safe and adequate food in their new location?
* How will sustainable food sources be created in a way that will restore the incomes and livelihoods of community members?
* Has the community been consulted about the crops which will be developed as sustainable food sources?
Right to Culture
Since the construction of some community infrastructure, such as school buildings, would require excavation for foundations, a Chance Find Procedure is to be included as part of all work contracts associated with the project. Moreover, there is a strong link in the Philippines between local communities and traditional fishing, food and culture. Communities must be involved in which crops and food sources are developed for sustainable practices and livelihood restoration under the project goals in order to ensure that they are culturally appropriate.
Relevant questions to ask developers may include:
* Has access to cultural institutions or sites been affected since the beginning of the investment project?
* Were individuals and communities informed and consulted before the destruction of any valuable cultural heritage sites or relics for construction of the project?
* Has the ability of individuals and communities to maintain traditional customs been affected since the beginning of the investment project?
Right to Education
Non-income measures of poverty, such as health and education outcomes, as well as basic service access, indicate a high level of inequality across different parts of the Philippines. Project development objectives seek to address this inequality by increasing access to or use of priority sector services, including education. Consequently, community sub-projects include construction of school buildings and day care centers.
Relevant questions to ask developers may include:
* Have developers inquired about possible problems related to the right to education (in terms of availability, accessibility, and adaptability) in the planned investment project area?
* What opportunities (legal or otherwise) are available to individuals and communities whose educational rights have been negatively impacted by construction activities?
Right to Housing and Property
The World Bank states that no involuntary physical relocation is anticipated, however, according to the full project description there will be a clear need for land acquisition and the resettlement of individuals and communities. While the project aims not to forcibly evict any community, there is a very extensive guideline set forth in the Land Acquisition Resettlement and Rehabilitation Framework which points to the many issues which will have to be addressed for project implementation. For instance, there will be a loss of property, residence, crops, and livelihoods that should be subject to compensation (which has been anticipated by the World Bank), and for which a grievance mechanism has been described in project documents.
Furthermore, some sub-projects may require the acquisition of land, for the construction of health stations, school rooms, small scale flood protection and other rural infrastructure. However, it remains unclear whether this will be completed through voluntary means, open sales, or involuntary taking of land. For cases where the latter applies, the sub-project would need to develop a Resettlement Action Plan based on the LARP Framework. For cases involving the voluntary sale of land, the land transfer process must be documented and included in the operations manual for the project, including full community and owner consent.
Relevant questions to ask developers may include:
* Have affected residents been adequately consulted in the development process?
* Did relocation only occur after individuals and communities gave their free, prior and informed consent?
* Will resettled individuals be ensured adequate housing in their new location?
* Have they been properly compensated for loss of property?
* Are any of the affected residents being forcibly evicted?
* Did people reside on or farm the land being acquired, whether or not they had legal title?
Rights of Indigenous Peoples
An enhanced Indigenous Peoples Policy Framework will be implemented by a Social Assessment which will include: (a) an assessment of the experiences and lessons learned from implementing similar programs in the Philippines, and (b) documentation of consultations with local communities and organizations that have been involved with, or observed, implementation of similar programs. Indigenous communities must be involved in the development of the mechanisms for participation and representation, as well as in the process of active consultation. This is a critical aspect of the program as each Indigenous community will have their own traditions and practices. The Framework must include mechanisms for participation and representation of Indigenous Peoples in all phases of the program; social analyses, and free, prior and informed consultations that lead to broad community support in proportion to the scale of potential sub-project impacts on Indigenous communities.
Relevant questions to ask developers may include:
* Have you been discriminated against as an indigenous community?
* Has the project interfered with your ability to maintain your political, economic and social structures in accordance with traditional cultural, spiritual, historical and philosophical practices?
* Was your community informed of the proposed actions in a timely manner?
* Did you receive information in a language that your community could understand?
* Were you asked who would represent the community, and what the process of consultation would need according to your traditions?
* Have you discussed any loss of access to your lands, territories, and natural resources?
* Did you agree on possible compensation and relocation collectively?
* Will access to culturally vital medicinal plants, animals, or minerals necessary to the full enjoyment of health or culture be affected by the program?
Rights of Marginalized and Discriminated Against Groups
The Philippines is a lower middle-income country with a population of 92 million, of whom approximately 26 percent are poor. Chronic poverty has been attributed to inefficient service delivery, geographic isolation, vulnerabilities owing to disaster and conflict, low spending for social protection, poor targeting of development projects, and weak governance. For the Community Driven Development program to adequately address the needs of marginalized and discriminated against groups, it will be necessary for levels of participation and transparency in decision-making to spill over from specific project funds and benefit communities in the long-term. This is especially true in the case of sustaining women's involvement in the coordination and maintenance of sub-projects.
Relevant questions to ask developers may include:
* Have marginalized individuals and groups actually affected by the project been given a meaningful opportunity to obtain information, express views, and otherwise participate in the decision-making process?
* Was meaningful information on project impacts made available to women and other marginalized groups, such as the elderly in a language and format accessible to them? Have they even been informed of decisions potentially affecting their rights?
* Were these populations included in discussions on project developments and impacts?
* Were women and marginalized groups given the opportunity to participate meaningfully in the decision-making process?
Sources
*Project Information Document Concept Stage
*Environmental and Social Management Framework Vol. I-III
*World Bank - Implementation Status and Results (May 20, 2014)
*International Bank for Reconstruction and Development Project Appraisal Document
*Philippine Development Plan (2011-2016)
*Asian Development Bank Indigenous Peoples Planning Framework
*Asian Development Bank Safeguard Categories
*Universal Periodic Review National Report (March 19, 2012)