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Environmental and Social Management FrameworkAdhibasi/Janajati among themselves are a diverse group who do not all comeunder one economic system. Based on the economic status and social features,the National Foundation for Indigenous Nationalities (NEFIN) 2004 has classifiedthe Adhibasi indigenous groups in Nepal into five different categories (Table 7.1)into (i) endangered, ii) highly marginalized, iii) marginalized, iv) disadvantagedand v) advantaged groups. The first and second category of the ethnic groupsseems more delicate from the involuntary resettlement point of view in Nepal.The National Dalit Commission 2 defines Dalits as most deprived social groups inthe country, comprising some 13% of the total population. This group lags behindothers in every human development indicators: Literacy rate of Dalits (22.8%) isfar below the national average (65%). Life expectancy of Dalits is 42 years ascompared to the national average of 55. Dalit poverty is as high as 68%. Countrywideabout 4.5 million Dalits are estimated to live below the poverty. The status ofwomen, children and girls among Dalits are particularly worse.Small farmers, landless, ex-Kamayas, squatters and encroachers due to theirlimited access to the economic resources and livelihood are equally classified ashighly vulnerable group which is at permanent risk of facing severe poverty inNepal. Elderly people, children and the individuals less able to care themselveswithin the communities are also persons who are any time prone to vulnerability.Depending on the local conditions, up to 10% of these groups may suffer fromdifferent forms of disability 3 . This strata of population is also highly vulnerable toany kind of adverse effects that may originate directly or indirectly from theproposed road project interventions. Therefore, they should be given dueattention during involuntary resettlement activities of the road construction.8.4 Legal Framework and Policies Focusing on Vulnerable GroupsNepal does not have a separate plan and policy on vulnerable and indigenouspeople. However the groups potential to vulnerability such as children, elderlycitizens, disabled, landless and small farmers, women, Dalits and marginalized,aboriginal and ethnic groups etc. are covered under different headings in thetenth five year national plan (2002-2007).The Tenth Plan of GoN also defines that the areas where more than 50 percentof population is poor and the families have no extra income other than their ownhousehold production and which is sufficient for less than 9 months aredesignated as the poor areas. Likewise a family whose income is sufficient forless than three months is categorized as ultra poor who need to be supported fortheir livelihoods. One of the main thrusts of the Tenth Plan is the implementationof targeted programs for upgrading, employment and basic security of Dalits,indigenous people and disabled class. The policy provision also outlines that thegovernment should pilot strong and separate package of program of basicsecurity for vulnerable sections of society. Policies and actions for their protectionand development have been also developed in the plan. The Plan states thattargeted and empowerment programs shall be promoted to enhance the welfareof vulnerable, disadvantaged and exploited groups, the Dalits and indigenousscheduled caste groups.The Plan has given emphasis in implementing different types of incomegeneration supportive programs targeting the poor and vulnerable people. It isalso recognized in the Plan that some Dalits being occupied as kami2 The National Dalit Commission was constituted in the Ninth Plan for the protection of theirrights and inclusion in the mainstream of development programs. The acts and regulations ofthe commission are formulated as well as work related to setting up institutional structure hasbeen undertaken.3National Foundation for Indigenous Nationalities (NEFIN) 2004April 2007 Chapter 8-3
Environmental and Social Management Framework(blacksmith), damai (tailor) and sarki (cobbler) have suffered in recent years fromloosing traditional markets for their products due to the increasing import ofcheaper goods from urban foreign markets. Towards solving this problem, itseems necessary to design and implement different types of skill trainingprograms aiming at specified groups.Some of the other related acts 4 on various vulnerable communities are (i)National Foundation for Upliftment of Adhibasi/Janajati, Act 2058 (2002) (ii)Bonded Labour Abolition Act, 2058, (iii) Children related Act, 2048 and (iv) ChildLabour (abolition and regulation) Act, 2056. However, detailed plan and policieson vulnerable communities in Nepal is yet to be developed particularly oninvoluntary resettlement for the vulnerable communities.The World Bank policy includes “the poor, women, and indigenous peoples,those less able to care for themselves (children, the elderly, and the disabled);and other groups not protected by national land compensation law (those withoutland use rights; host communities; and community members remaining in theoriginal area after resettlement)” as vulnerable people’s communities. The ADBpolicy document on involuntary resettlement defines vulnerable groups as ‘thosethat fall below the poverty line, those without legal title to assets, householdheaded by women, indigenous people, ethnic minorities, and pastoralist.” Thesedonor agencies have given major focus to provide special attention to thevulnerable communities during involuntary resettlement activities.8.5 Preparation of VCDPF for the SRN Sub-Projects8.5.1 ObjectivesThis framework for preparing a VCDP is based on the development strategies ofGoN as well as World Bank operational policies and guidelines. The principleobjectives pursued are to:• ensure that the project benefits are accessible to all vulnerable communitiesliving in project areas;• ensure that any specific impacts on vulnerable people are minimized andmitigated;• ensure that the vulnerable communities’ participation in the entire process ofpreparation, implementation and monitoring of the project activities;• minimize further social and economic imbalances within communities; and• develop appropriate training/income generation activities in accordance totheir own defined needs and priorities.8.5.2 ApproachTo fulfil these objectives, the following approach is suggested to be adopted inthe forthcoming sub-project management of the SRN Program:• Any loss or negative impact caused by the project will be mitigated as per theprovisions of the Resettlement Planning Framework (RPF);• frequent meetings, periodical review (like public audit) and interactions will beorganized to monitor the project impact to mitigate any problem ifencountered in time:• to work closely with local NGOs working for vulnerable communities;• provide opportunity to vulnerable communities for employment on the projectworks;4 for more details, reference is made to Chapter 3 of the ESMFChapter 8-4 April 2007
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Government of NepalMinistry of Phys
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