Indigenous Peoples Development Planning Document

Indigenous Peoples Development Framework

Document Stage: Revised
Project Number: 41076
August 2009

PHI: Road Sector Institutional Development and

Investment Program

Prepared by the Department of Public Works and Highways for the Asian Development
Bank (ADB).

The indigenous peoples development framework is a document of the borrower. The views expressed
herein do not necessarily represent those of ADB’s Board of Directors, Management, or staff, and may
be preliminary in nature.
 PHI: Road Sector Institutional Development and Investment Program

Indigenous Peoples Development Framework (Revised Draft)

24 August 2009

I. INTRODUCTION

1. The Project includes periodic maintenance and improvement of about 1,900 km national
roads throughout the Philippines, improved governance and strengthened institutional capacity
in the transport sector, and preparation of detailed engineering design for about 1,680 km of
national roads to be maintained or improved under phases 2 and 3. The outputs for phase 1
include periodic maintenance of about 355 km of 9 national roads; improved governance and
strengthened institutional capacity; and preparation of detailed engineering design of roads to
be improved under phase 2. Periodic maintenance will be carried out on about 355 km of 9
national roads. These roads are concentrated in three areas: the west coast of central Luzon,
the southwestern Visayas, and the northern coast of Mindanao.

2. Subprojects under Tranche 1 will have no impact on indigenous peoples as it only

involves overlays of existing pavement (i.e., asset preservation). This Indigenous Peoples
Development Framework has been prepared for Tranches 2 and 3 subprojects which set out the
screening, policy, and planning procedures that the executing and implementing agencies will
follow when preparing indigenous peoples specific actions (IPSA)1 or indigenous peoples
development plan (IPDP). Any IPDP prepared under Tranches 2 and 3 will be submitted to ADB
for review and approval.

II. LEGAL AND POLICY FRAMEWORK

A. Relevant Laws and Regulations in the Philippines

3. The indigenous peoples (also refers to indigenous cultural communities) in the

Philippines are composed of 110 ethnolinguistic groups found in the various parts of the
archipelago. The IPs are as defined as a "group of people or homogenous societies identified
by self ascription and ascription by others, who have continuously lived as organized community
or communally bounded and defined territory, and who have, under claims of ownership since
time immemorial, occupied, possessed and utilized such territories sharing common bond of
language, customs, traditions and other distinctive cultural traits, or who have through
resistance to political, social and cultural inroads of colonization, non-indigenous religions and
cultures became historically differentiated from the majority Filipinos. They are likewise peoples
who are regarded as indigenous on account of their descent from the population which
inhabited the country, at the same time of conquest, of the establishment of present state
boundaries, who retain some or all of their own social, economic, cultural and political
institutions, but who may have been displaced from their traditional domains or who may
resettled outside their ancestral domains".

4. The 1987 Philippine Constitution laid the foundation for the recognition of the rights of
the IP to their ancestral domains and their power of dominion over their lands and resources. In
1997, the Republic Act 8371 "Indigenous Peoples Rights Act" was passed which officially
recognized the need to make special provisions for its indigenous populations. Apart from
acknowledging the distinct socio-cultural life and ways of the indigenous peoples (IPs), the IPs
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Specific Actions

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were granted rights which include territorial domain, self-determination and the right to practice
their customary laws, cultural integrity and property. The law also requires that for development
interventions in their community, indigenous groups should be consulted as these may affect
the lives of the indigenous populations. Consent is obtained from the concerned IP community
if programs or projects overlap with the territorial domain of the IPs. The process is known as
"Certification Precondition/Free and Prior Consent (CP/FPIC). The National Commission on
Indigenous Peoples (NCIP) is the agency responsible for the implementation of the IPRA.
Since 1998, the NCIP has issued several administrative orders, circulars and plans to serve as
implementing rules and regulations of the IPRA. The latest is Administrative Order No. 01,
Series of 2006 which is the Free and Prior Informed Consent of 2006.

5. There are also other laws and administrative orders that contribute to the rights of the
IPs. These are: Commonwealth Act No 141 (Public Land Act), Presidential Decree (PD) 1586
(Philippine Environmental Impact Statement System of 1978); Republic Act (RA) 4846 and
amended by PD 374 (Cultural Properties Preservation and Protection Act); RA 6657
(Comprehensive Agrarian Reform Law); RA 7076 (People's Small Scale Mining Act of 1991);
RA 7160 (Local Government Code of 1991); RA 7586 (National Integrated Protected Areas
System of 1992); RA 7942 (Philippine Mining Act of 1995); RA 9054 amending RA 6734
(Organic Act for the Autonomous Region in Muslim Mindanao); and Department Administrative
Order 2003-30 (Philippine EIS System Implementation Guidelines and Procedures).

6. The Department of Public Works and Highways (DPWH) also issued its own policy
framework on the IPs in 2007. It is detailed in the Land Acquisition, Resettlement, Rehabilitation
and Indigenous Peoples Policy (LARRIP), 3rd Edition, March 2007. The LARRIP adopts the
IPRA and FPIC Guidelines of 2006 for their locally-funded projects.

III. ADB'S POLICY ON INDIGENOUS PEOPLES

7. ADB’s Policy on Indigenous Peoples (1998) defines “indigenous peoples” as “those

with a social or cultural identity distinct from the dominant or mainstream society”. "Indigenous
peoples" is a generic concept that includes cultural minorities, ethnic minorities, indigenous
cultural communities, tribal people, natives, and aboriginals. The Policy recognizes the potential
vulnerability of ethnic minorities in the development process; that ethnic minorities must be
afforded opportunities to participate in and benefit from development equally with other
segments of society; and, have a role and be able to participate in the design of development
interventions that affect them.

8. The policy on indigenous peoples is “designed to promote the participation of indigenous

peoples in project preparation and implementation, to ensure that they benefit from
development interventions that would affect them, and to provide effective safeguards against
any adverse impacts”. In any ADB interventions, the approaches to be used are as follows: (i)
to achieve the greatest possible reduction of poverty among the affected indigenous peoples; (ii)
when negative impacts are unavoidable, they should be minimized as much as possible, and
appropriate measures will be taken to mitigate the adverse impacts; (iii) in enhancing the
benefits of a development intervention for indigenous peoples or reducing negative impacts of a
development intervention, clear mechanisms for accurate and objective analysis of their
circumstances will be prepared; and (iv) the mechanisms for any intervention must be
transparent and should ensure accountability.

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IV. IDENTIFICATION OF INDIGENOUS PEOPLES IN THE PROJECT AREAS

9. The IPDF objective is to ensure that all IP communities share in the project benefits and
experience limited adverse impacts from the Project. Screening and social assessment will be
carried out for all subprojects under Tranches 2 and 3. As part of the screening of each
subproject, identification of affected IPs in the project area will be guided by the following
questions presented in the Table 1 below.

Table 1: Identification of indigenous peoples in project area

Impact on indigenous peoples Yes No Remarks
Are there IPs or EM groups present in project locations?
Do they maintain distinctive customs or economic activities that
may make them vulnerable to hardship?
Will the project restrict their economic and social activity and
make them particularly vulnerable in the context of project?
Will the project change their socioeconomic and cultural
integrity?
Will the project disrupt their community life?
Will the project positively affect their health, education, livelihood
or social security status?
Will the project negatively affect their health, education,
livelihood or social security status?
Will the project alter or undermine the recognition of their
knowledge, preclude customary behaviors or undermine
customary institutions?
In case no disruption of indigenous community life as a whole,
will there be loss of housing, strip of land, crops, trees and other
fixed assets owned or controlled by individual indigenous
households?

10. Anticipated project impacts and strategy to address these impacts are shown in the table
below.

Table 2: Anticipated Impacts and Strategy to Address these Impacts

Project
activity and Anticipated
output Impacts Strategy to Address Impacts
Road design Positive: Lowered Each subproject will incorporate IPs as
and transport costs; Improved beneficiaries and will also incorporate specific
improvement access to social services needs of IPs in the project design.
and economic Develop gender and ethnicity-based social
opportunities. indicators on improved income, and access to
social services
During & After Positive: Access for IPs Will include specific provisions in the bidding
Construction and women to documents to ensure that civil works contractors
employment during (a) comply with applicable core labor standards,
construction and road labor laws, and incorporate applicable workplace
maintenance activities. occupational safety norms; (b) do not differentiate
payment between IP men and women for work of
equal value; (c) do not employ child labor in the

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 Project
activity and Anticipated
output Impacts
Negative: Impacts on
land/income generating
assets and non-land
assets, (temporary and/or
permanent).
Negative: Potential risk of
HIV/AIDS transmission
Strategy to Address Impacts
construction and maintenance activities; and (d) to
the extent possible, maximize employment of local
poor and disadvantaged persons for project
construction purposes, provided that the
requirements for job and efficiency are adequately
met.
Develop gender and ethnicity-based social
indicators on job creation.
IPs will be entitled to the same project
entitlements as stated in the agreed Resettlement
Framework. Consultation process and securing
consent will be in accordance with the IPRA and
2006 FPIC guidelines or through laws and
administrative orders that contribute to the rights
of the IPs
HIV/AIDS prevention component will be prepared.
Presentation, and disclosure activities will be
conducted in local/native language. The IPs will
have access to information; presentation materials
will be simple and will address cultural norms and
beliefs, recognizing both the key role they may
play in supporting prevention efforts and the
potential they have to fuel HIV transmission.

V. CONSULTATION, PARTICIPATION, AND DISCLOSURE

11. Consultation will be carried out according to the customary process of the community. It
is a continuous process and will be undertaken in a manner that is voluntary, free from external
manipulation, and continuous throughout the duration of the Project. Presentation of the Project
and consultation meetings will include translation in the local language.

12. The indigenous peoples development plan and/or specific actions to be prepared for
subprojects under Tranches 2 and 3 will be submitted to ADB for review and approval. The
IPDP and/or specific actions in the resettlement plan or other auxiliary documents such as
gender action or social development plans will be disclosed to the affected IPs and affected
communities through community meetings. Key information in the documents will be translated
into local language. The booklets or pamphlets to be prepared will be simple and easy to read
and will consider the literacy level of the audience concerned. Copies of the safeguards and
social development plans or its summary translated into local language will be placed in the
village offices.

VI. GRIEVANCE PROCEDURES

13. Any grievance or conflict will be addressed in the context of its customary law and
customary dispute resolution process and mechanisms in the presence of the NCIP and DPWH
representative. Both NCIP and DPWH will ensure that the affected IPs are properly

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represented. An outside facilitator, mediator or arbiter can be requested or required to help in
the timely resolution of conflict or grievance. All meetings will be properly recorded and copies
to be provided to the affected IPs. Translators will be hired, as needed.

14. Any grievances or conflicts will be resolved at the barangay/tribal council level, as much
as possible. However, if the IPs are not satisfied with the decision at the barangay/tribal level,
their issue/case can be elevated at the NCIP municipal level up to central level.

VII. IMPLEMENTATION ARRANGEMENTS, MONITORING, AND BUDGET

15. The ADB Project Management Office in charge of the project will have the overall
responsibility for implementing the project. It will: (a) manage and supervise the sub-project(s)
including indigenous peoples plans / specific actions in coordination with other offices within the
Department as well as other relevant Government agencies; (b) ensure that funds are available
so that the IPSA or IPDP can be implemented in a timely manner; and ensure that all funds
disbursed in relation to IPSA/IPDP implementation are properly accounted for.

16. The Environmental and Social Services Office (ESSO) will be responsible for providing
technical support, guidance, and assistance to the IO/PMO in preparing and implementing the
IP specific actions or plans. It will also be responsible for the following IP activities: (a) overall
preparation and planning of the IP specific actions or plans; (b) in cooperation with the NCIP,
Regional ESSO and DEO, address grievances or outstanding issues identified during the
conduct of Internal and External Monitoring activities; (c) in cooperation with the NCIP, Regional
ESSO, prepare periodic supervision and monitoring reports on specific actions and plans for
submittal to the PMO and the ADB.

17. Concerned District Engineering Offices (DEOs), as the major implementers will assist
the RIC and National Commission on Indigenous Peoples (NCIP) staff in identifying who among
the APs are IPs or belong to indigenous cultural communities (ICCs); and assist the RIC staff
engaged in the RP and IP activities in the public information campaign, public participation, and
consultation. The DEO will maintain a record of all public meetings, complaints, and actions
taken to address complaints and grievances. The DEOs will in turn, be assisted by the
Resettlement Implementation Committee (RIC), which will be formed through a Memorandum of
Understanding (MOU) between the DPWH, the concerned Local Government Units (LGUs), and
the NCIP Regional or Provincial Office, in case IPs/ICCs are involved.

18. Monitoring and evaluation of project benefits and impacts on the IP communities will be
carried out on a regular basis and monitoring reports will be disaggregated by gender and
ethnicity. DPWH will ensure timely provision of counterpart funds for IP planning and
implementation activities in order to satisfy the IPDF objective of ensuring that all IP
communities share in the project benefits and experience limited adverse impacts from the
Project.