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NEPAL ELECTRICITY AUTHORITY (A GOVERNMENT OF NEPAL UNDERTAKING)

TRANSMISSION LINE/SUBSTATION CONSTRUCTION DEPARTMENT

VULNERABLE COMMUNITY DEVELOPMENT PLAN FOR KHIMTI –

DHALKEBAR 220 KV TRANSMISSION LINE PROJECT

(UPDATED PLAN)

PREPARED BY:

ENVIRONMENTAL AND SOCIAL STUDIES DEPARTMENT

ENGINEERING SERVICES

KHARIPATI, BHAKTAPUR

NEPAL

March, 2014

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ABBREVIATIONS

CBO Community Based Organization

CDO Chief District Officer

CDC Compensation Determination Committee

CFUG Community Forest User Group

CV Vulnerable Community

DADO District Agriculture Development Office

DDC District Development Committee

DHO District Health Office

EIA Environmental Impact Assessment

EMF Electromagnetic Fields

ESSD Environment and Social Studies Department

GON Government of Nepal

HEP Hydro Electric Project

HH Household

INPS Integrated Nepal Power System

IP Indigenous People

IPP Independent Power Producers

KD - VCDPIU Khimti – Dhalkebar Updated VCDP Implementation Unit

KIIs Key Informant Interviews

km Kilometer

kV Kilovolt

ILO International Labor Origination

LCF Local Consultative Forum

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LDO Local Development Officer

LARU Land Acquisition and Rehabilitation Unit

NEA Nepal Electricity Authority

NRs. Nepalese Rupees

NGO Non-Governmental Organization

PAF Project Affected Family

PAP Project Affected Person

PCO Program Coordination Office

PRA Participatory Rapid Appraisal

RAP Resettlement Action Plan

ROW Right of Way

SIA Social Impact Assessment

TL Transmission Line

VDC Village Development Committee

VC Vulnerable Community

VCDP Vulnerable Community Development Plan

WB The World Bank

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EXECUTIVE SUMMARY

The Khimti Dhalkebar 220 kV transmission line starts from Kirnetar settlement of Dolakha district and terminates at Dhalkebar substation of Dhanusha district. It covers 16 Village Development Committees (VDCs) and one municipality of Dolkha, Ramechhap, Sindhuli Mahottari and Dhanusha districts. The total length of the alignment is approximately 73 kilometers. The right of way (ROW) is 15 meter from the center line and tower base is 12.5X12.5 m with tower height of approximately 42 meters. The project is under construction and almost all the towers have been erected and stringing work is ongoing. Out of 188 towers to be construed under this project, 181 towers are completed and 7 towers in Sindhuli district are yet to be erected.

The Khimti-Dhalkebar 220 kV Transmission Line Project (KDTL), the first 220 kV TL project in Nepal and is financed by the World Bank. Nepal Electricity Authority (NEA) is the implementing agency of the Project which is designed to evacuate the power generated from proposed Upper Tamakoshi Hydroelectric Project including other hydro power project to be developed in various districts in the hill districts.

As the TL Project is funded by the World Bank (WB), the implementing agency is required to comply with the safeguard measures. The Operational Manual of Environmental Social Impact Assessment, 2009 prepared by the NEA for Additional Financing of the Power Development Project provides basis to develop the required safeguard plans and their implementation. A vulnerable community development plan (VCDP) for the project was also prepared by the Environmental and Social Studies Department (ESSD) of NEA in 2006 as an integral part of project documents.

However, due to delay in project implementation and changed socio-economic context, there was need to update the VCDP with due emphasis on the impacted communities and peoples in the Project area with focused plans and activities. This updated VCDP for the Khimti - Dhalkebar 220 kV TL Project is an outcome of the above understanding. This VCDP has been prepared by NEA/ESSD based on the findings of participatory rapid assessment (PRA) with IP and vulnerable communities, socioeconomic household survey of affected families of IPs and vulnerable groups, key informant interviews, meeting consultation with local stakeholders, field visit conducted from March 1 to March 15, 2014 and review of relevant literatures and best practices. The main objective of the study is to prepare an updated VCDP to address the adverse social impacts on IPs and vulnerable communities.

The methodology to collect data on socio-economic and cultural aspects for the updated VCDP includes but not limited to: identification of stakeholders, literature review, participatory rapid appraisal (PRA) in the affected VDCs. Besides, other methods involve survey of affected indigenous and vulnerable households (HHs), GIS map preparation, field observation and informal meeting/consultations with district level key stakeholders, government officials and the affected households. Based on the findings of the field work, this updated VCDP has been prepared.

The study has placed due emphasis to community consultation and information dissemination throughout the preparation of this updated VCDP for its effective planning and implementation. PRA tools were used while collecting information with indigenous and vulnerable groups. Similarly, key informant interviews, household survey of the directly project affected (indigenous and vulnerable) families, and informal meeting/consultation with the key stakeholders of the project area were also conducted as other tools of community consultation.

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Altogether 51 PRAs including 28 with Dalits and 23 with indigenous groups (three PRA in each VDC/municipality) were conducted. Altogether 775 participants including 46.1% female representing indigenous and vulnerable groups had participated in the PRA. In addition to the PRA, altogether 17 KIIs including 16 KIIs in the VDCs and one in the municipality were conducted. Similarly, of the directly affected total vulnerable families (92 families), socioeconomic survey of 63.0 vulnerable families was conducted as part of the public consultation. Two informal meetings including one with the Struggle Committee of Khimti-Dalkebar 220 kV TL Project Affected People (with more than 25 people) and one with the government officials and district level key political party leaders were conducted in Kamalamai Municipality of Sindhuli district on March 9, 2014. The study team consulted local leaders, political party leaders, businessmen, teachers, social workers, government officials, and representatives of NGOs/CBOs of the project area to solicit their views, issues and concerns during the field work.

The study team also held meetings with the struggle committee members in Kamalamai Municipality and discussed regarding their issues and concerns. Further, the team also observed some important religious and archeological sites affected/close to the TL alignment and settlements affected or close to the TL by the project. The concerns/issues of local people/institutions have been incorporated in relevant section of the updated VCDP.

In the context of Nepal, vulnerable community means communities who are commonly landless and marginal farmers living below subsistence level. Moreover, these people have no or limited access to public resources and they almost never participate in national planning, policy, and no access in decision making process or in development initiatives. Formal and informal studies conducted in Nepal reveal that most of indigenous people (Janajati, Adibasi) and Dalits fall under the category of vulnerable person in Nepal. This was also reflected in the Government's plans and policies that recognize women, disabled, ethnic minorities and Dalits groups as the predominant poor and marginalized groups. Women in all social groups and regions are more disadvantaged than their male counterparts and even among women, widows, separated and women headed households are particularly disadvantaged. Female-headed households, households headed by the physically disabled; indigenous people (Adibasi/Janajati), and were initially considered as potential vulnerable groups for this study.

Almost all the local people of the project area showed positive attitude regarding the construction of the project realizing the need of transmission line for hydropower development in the country, regular supply of electricity to address more than 12 hours of load shedding. Due to the support of local people almost all the construction work of the project has been completed except few towers in Kamalamai Municipality of Sindhuli district where there are disputes between people and the Project.

During the community consultation several issues and concerns were raised by the people. The key issues and concerns raised by the local people are related to inadequate compensation, employment in the Project, implementation of mitigation and enhancement measures and community participation in the project activities. The major issues/concerns raised during consultation process by the IPs, VCs and local stakeholders have been broadly categorized as: i) compensation, ii) Livelihood, iii) alignment of transmission line, iv) community support and v) Project information and community participation.

The above issues/concerns of the people will be addressed through different mechanism and support system. Major areas of concerns of the vulnerable community and IPs pertain to compensation,

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supports for their livelihood, proper information and communication, avoid and minimize negative impacts and enhance participation of the local people at different stages of the project. In addition, the public have demanded several community support programs as a measure to improve their livelihood and socioeconomic environment.

The field visit and consultations reveal that the Affected Peoples (APs) are need of diverse supports and assistances in order to improve their livelihoods through increased income, employment and community based infrastructures. Based on the felt needs of the people, different types of programs and activities are suggested for implementation in different locations. The key activities included in the VCDP are, however, not limited to the followings.

• Awareness raising programs through different media, particularly in disseminating correct information about Project’s impacts on health and local environment;

• Development/ Renovation of community based infrastructures viz minor drinking water, irrigation facilities/ channels, river training etc;

• Livelihood improvement programs viz agriculture and livestock raising, cash crop farming, bee keeping, poultry keeping, fishery; seasonal and offseason vegetable production and marketing;

• Vocational training in different trades / fields to the members of IPs and Dalit households affected by the project including both males and females; and

• Continued consultations, facilitations and counseling as necessary to the vulnerable households/ people.

Grievance redress mechanism has to be established to allow project affected persons/households and community to appeal any disagreeable decisions, practices and activities arising from compensation for land and assets and other issues/concerns. The affected HHs and community will be made fully aware of their rights and the procedures. The GRM includes four stages to allow the APs to file their complaints at different tiers such as Communication Officer at the first stage, Project Manager in second stage, CDO in the third stage and finally the right to file the case at the court if none of the earlier stages failed to satisfy the complaints of the APs.

The KDTL Project will ensure that funds are delivered on time to implement the activities specified in the updated VCDP. Implementation of the updated VCDP will be completed in one year from the date of its implementation. The implementation of activities under VDCP will be carried out the Project staff, competent local NGOs and other service providers. The total budget for implementing the VCDP has been estimated at Rs. 20.5million which is, however, subject to change depending upon final verification and surveys of the proposed activities.

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TABLE OF CONTENTS

ABBREVIATIONS ................................................................................................................................................I

EXECUTIVE SUMMARY ............................................................................................................................... III

TABLE OF CONTENTS ................................................................................................................................... VI

LIST OF TABLES .............................................................................................................................................. IX

1. INTRODUCTION ....................................................................................................................................... 1

1.1 BACKGROUND ...................................................................................................................................... 1

1.2 OBJECTIVES OF THE STUDY .................................................................................................................. 2

2. PROJECT DESCRIPTION ....................................................................................................................... 4

2.1 PROJECT LOCATION .............................................................................................................................. 4

2.2 TRANSMISSION LINE ROUTE................................................................................................................. 4

2.3 PROJECT FEATURES .............................................................................................................................. 4

3. STUDY METHODOLOGY ....................................................................................................................... 5

3.1 PROJECT AREA DELINEATION .............................................................................................................. 6

3.1.1 Core Project Area .................................................................................................................. 6

3.2.1 Criteria Used for Defining Vulnerable Community .............................................................. 6

3.3 IDENTIFICATION OF THE STAKEHOLDERS AND CONSULTATIONS .......................................................... 7

3.4 SAMPLE DISTRIBUTION ........................................................................................................................ 7

3.5 PREPARATION OF STUDY TOOLS AND FIELDWORK ............................................................................... 8

3.6 PARTICIPATORY RAPID APPRAISAL ...................................................................................................... 8

3.7 KEY INFORMANT INTERVIEWS .............................................................................................................. 8

3.8 HOUSEHOLD SURVEY ........................................................................................................................... 9

3.9 MEETINGS/CONSULTATIONS ................................................................................................................ 9

3.10 DATA ENCODING AND ANALYSIS ....................................................................................................... 10

4. REVIEW OF POLICIES, LAWS, GUIDELINES AND CONVENTIONS .............................................. 11

4.1 GENERAL............................................................................................................................................ 11

4.2 CONSTITUTION, PLAN, POLICIES, LAWS AND GUIDELINES ................................................................. 11

4.2.1 Constitution, Plan and Policies ........................................................................................... 11

4.2.2 Acts ..................................................................................................................................... 12

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4.2.3 Rules/ Regulations .............................................................................................................. 12

4.2.4 Guidelines ........................................................................................................................... 13

4.2.4.1 National Environmental Impact Assessment Guidelines, 1993 .......................................... 13

4.3 ILO CONVENTION ON INDIGENOUS AND TRIBAL PEOPLES, 1989 (NO.169) ........................................ 13

4.4 THE WORLD BANK SAFEGUARD POLICIES ......................................................................................... 14

4.4.1 OP 4.12 - Involuntary Resettlement .................................................................................... 14

4.4.2 OP 4.10 - Indigenous People............................................................................................... 15

4.4.3 The World Bank Policy on Access to Information ............................................................. 15

5. COMMUNITY CONSULTATIONS AND PARTICIPATION ............................................................ 16

5.1 PROCEDURE FOR CONSULTATION AND PARTICIPATION ...................................................................... 16

5.1.1 Consultation with Indigenous People ................................................................................. 16

5.1.2 CONSULTATION WITH DALIT COMMUNITIES OF THE PROJECT AREA .................................................. 18

5.2.3 Consultation with other stakeholders of the Project area .................................................... 19

5.3 KEY ISSUES/CONCERNS RAISED DURING COMMUNITY CONSULTATIONS .......................................... 19

5.4 CONTINUATION OF CONSULTATION PROCESS..................................................................................... 20

6. SOCIOECONOMIC INFORMATION OF INDIGENOUS AND VULNERABLE COMMUNITY...... 22

6.1 INDIGENOUS COMMUNITY IN THE CONTEXT OF NEPAL ...................................................................... 22

6.4 DALIT COMMUNITY IN THE PROJECT AREA ........................................................................................ 25

7. ENHANCEMENT MEASURES ................................................................................................................... 28

7.1 AWARENESS RAISING PROGRAM ........................................................................................................ 28

7.2 Community Infrastructure Support Program ...................................................................... 28

7.3 Livelihood Improvement and Income Generation .............................................................. 29

8. IMPLEMENTATION MECHANISM AND INSTITUTIONAL ARRANGEMENT ........................ 33

8.1 INSTITUTIONAL ARRANGEMENT ................................................................................................................. 33

8.2 IMPLEMENTATION SCHEDULE ..................................................................................................................... 33

8.3 GRIEVANCE REDRESS MECHANISM ............................................................................................................ 33

9. MONITORING AND EVALUATION MECHANISM ......................................................................... 35

9.1 GENERAL............................................................................................................................................ 35

9.2 MONITORING ...................................................................................................................................... 35

9.3 REPORTING ........................................................................................................................................ 35

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9.4 IMPACT EVALUATION ......................................................................................................................... 36

9.5 MONITORING AND EVALUATION MECHANISM ................................................................................... 36

10. ESTIMATED BUDGET ........................................................................................................................... 38 ANNEXES ........................................................................................................................................................... 39

ANNEX – 1: BASELINE TABLES OF HH SURVEY ................................................................................................ 40

ANNEX 2: SOCIOECONOMIC DETAILS OF THE PARTICIPANTS OF THE CONSULTATION ...................................... 50

ANNEX 3: PROPOSED WORK PLANS WITH DETAILED ACTIVITIES FOR VULNERABLE COMMUNITIES IN THE PROJECT AFFECTED DISTRICTS......................................................................................................................... 53

ANNEX 4 LIST OF PEOPLE CONSULTED DURING FIELD VISIT (8- 15 MARCH, 2014) .......................................... 54

ANNEX 5 LIST OF CONSULTATION PARTICIPANTS ( IN SEPARATE PDF FILE - KD TL LIST OF CONSULTATION PARTICIPANTS) ................................................................................................................................................. 57

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LIST OF TABLES

Table 1: Salient Features of the Project .................................................................................................. 5

Table 2: Sample Distribution .................................................................................................................. 7

Table 3: Distribution of Key Informant Interview Participants .............................................................. 8

Table 4: Distribution of HH Sample ....................................................................................................... 9

Table 5 Concerns Raised by the Participants of the Indigenous Community ....................................... 17

Table 6 Summary of Issue/Concerns Raised by the Participants of the Dalit Community................... 18

Table 7: Summery of Key Issues and Concerns of Dalit, Indigenous People and Other Stakeholders 20

Table 8 Categorization of Indigenous Adibasi/Janajati Groups of Nepal ............................................. 22

Table: 9 Population Distribution of Janjati, Dalit and Others in the Project Affected VDCs............... 23

Table: 10 Classifications of Dalits by Origin in Nepal ......................................................................... 25

Table 11: Details of Impacts Mitigation and Enhancement Measures.................................................. 31

Table 12 Monitoring and Evaluation Parameters, Methods, Schedule ................................................. 36

Table 13: Estimated Budget for VCDP................................................................................................. 38

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1. INTRODUCTION

The Khimti Dhalkebar 220 kV transmission line starts from Kirnetar settlement of Dolakha district and terminates at Dhalkebar substation of Dhanusha district. It covers 16 Village Development Committees (VDCs) and one municipality of Dolkha, Ramechhap, Sindhuli Mahottari and Dhanusha districts. The total length of the alignment is approximately 73 kilometers. The right of way (ROW) is 15 meter from the center line and tower base is 12.5X12.5 m with tower height of approximately 42 meters. The project is under construction and almost all the towers have been erected and stringing work is ongoing. The transmission line passes through forest area in Mahottari district whereas it is just connected at Kirnetar of Dolakha district on the government land.

The Khimti-Dhalkebar 220 kV Transmission Line Project (KDTL), the first 220 kV TL project in Nepal, was a component of Power Development Fund (PDF), which was financed by the World Bank. The Power Development Fund aimed to meet the objectives of GON in extending access to an electricity supply to a larger percentage of the population by supporting the development of Nepal’s power sector.

Nepal Electricity Authority (NEA) implemented the Khimti - Dhalkebar 220 kV Transmission Line (TL) Project to evacuate the power generated from proposed Upper Tamakoshi Hydroelectric Project including other hydro power project in the regions. The transmission line will also be connected with two existing Independent Power Producer (IPP) plants, namely; Khimti Hydropower Plant (60 MW) and Bhotekoshi Hydropower Plant (36 MW). This transmission line project also plans to export power to India as well as to supply power to the population of Eastern Region of the country.

Since the proposed transmission line project was funded under Power Development Fund financed by the World Bank (WB), the requirement of "Policy Framework for EIA for Projects under the PDF" has to be satisfied. In keeping view the above requirement, a separate SIA report was prepared for Khimti - Dhalkebar 220 kV Transmission Line Project in 2006. Similarly, a vulnerable community development plan (VCDP) for the project was also prepared by Environmental and Social Studies Department (ESSD) of NEA in 2006 as an integral part of project documents.

However, due to delay in project completion and changed social and political context the need of an updated VCDP with emphasis on IPs is required for smooth implementation of the project. In this context this updated VCDP for the Khimti - Dhalkebar 220 kV TL Project is prepared for smooth implementation of the project activities. This VCDP has been prepared by ESSD/NEA based on the findings of participatory rapid assessment (PRA) with IP and vulnerable communities, socioeconomic household survey of affected families of IPs and vulnerable groups, key informant interviews, meeting consultation with local stakeholders, field visit conducted from March 1 to March 15,2014,review of relevant literatures and best practices. The VCDP will be an integral part of project documents.

1.1 Background

Nepal is a landlocked country, bordered to the North by the People's Republic of China and to the South, East and West by the Republic of India. It has a geographical area of 147,181 sq. km and population of about 26.4 million with growth rate of 1.35% (2011 Census). It has an immense potential of hydropower resources. Steep mountain topography combined with numerous rivers and rivulets carrying perennial discharge offer favorable condition to develop hydropower projects.

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Theoretically, hydropower potential of Nepal has been estimated at 83,000 Mega Watt (MW) of which 42,000 MW has been estimated to be economically feasible.

Despite having a large hydro potentiality, half of the population is still deprived of electricity use and the other half is facing long hours load shedding. At present Nepal faces power deficit, due to severe imbalance in demand and supply of electricity in the country. The annual peak electricity demand is increasing with an average of 10% annually. It has led to unprecedented load shedding since the last 5-6 years, and this situation is expected to continue in the coming 5-6 years. It has resulted negative impact on overall development of the nation and inconveniences to the consumers.

The annual peak power demand of Nepal was 946.1 Mega Watt (MW) whereas, the peak time available electricity was only 705.566 MW (during wet season) that has resulted in the deficit of 204.534 MW electricity during wet season (including the electricity imported from India) in the year 2010/2011 AD (2067 BS). However, the dry season availability was about 300 MW resulting in about 650 MW deficits.

Load forecast estimate by Nepal Electricity Authority (NEA) shows that the demand of electricity in Nepal increases every year by about 10% with the demand predicted for the year 2011/2012 (2068 BS) was about 1056.9 MW. This demand was expected to meet not only by in-house projects of NEA but also by private sector developed projects. However, in absence of completion of in-house projects of NEA and projects initiated by independent power producers (IPPs) the imbalance of demand and supply of electricity is in increasing trend.

Currently, many independent power producers (IPP) are putting their efforts on developing hydroelectric projects to address power demand of Nepal as well as export excess power to India. However in absence of high voltage kV transmission lines generated power is also not transmitted to other parts as well as import power from India to address the present power crisis of Nepal. The only existing 132 kV transmission line capacity is not sufficient for transmitting generated power in the country. Further, in absence of high voltage transmission lines the loss of power is also high that could be saved by construction of such transmission lines. Therefore, the government has given high priority for the completion of the Khamti-Dhalkebar 220 kV Transmission Project.

1.2 Objectives of the study

The main objective of the study was to assess adverse social impacts of the project and prepare an updated VCDP to address the adverse social impacts on IPs and vulnerable communities in the changed context based on the national policies/strategies and best practices:

The specific objectives were to:

• ensure the participation of members of affected indigenous people (IP) and vulnerable community (VC) in the entire process of planning, implementation and monitoring of VCDP,

• conduct public consultations with the IPs and VC and other stakeholders focusing on identification and analysis of the impacts on IP and VC of the project areas and inform about the project activities,

• identify organizational and institutional requirement for the implementation of VCDP activities including grievance handling,

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• ensure that indigenous and vulnerable people benefit from the proposed project and potential adverse impacts on IPs and VC resulting from the implementation of the project are avoided or mitigated,

• assist the IP and vulnerable families in the planned development of their communities as an enhancement measures,

• develop appropriate training / income generation activities in accordance to their own defined needs and priorities, and

• Provide cost estimation for implementation of VC development activities for smooth construction of the project.

1.3 Scope of the study

The scope of the study was consultation with IPs, vulnerable community and other stakeholders, household survey of the IPS and vulnerable community directly affected by the project due to land/property loss, identify the likely impacts and develop Vulnerable Community Development Plan. The study for VCDP has covered all the areas defined as project affected areas in Chapter 3.

1.4 Layout of the Report

This VCDP report contains 11 chapters. Chapter 1 includes Introduction, Chapter 2 contains Project Description, Chapter 3 outlines the Study Methodology, Chapter 4 provides information on Relevant Policy, Legal Framework, Guidelines and Conventions, Chapter 5 describes about Community Consultation and Grievance Redressal Mechanism, Chapter 6 provides Socio-economic information of Indigenous and Vulnerable Community, Chapter 7 details Mitigation and Enhancement Measures, Chapter 8 includes Implementation Mechanism and Institutional Arrangement, Chapter 9 provides information on Monitoring and Evaluation Mechanism, Chapter 10 details Program Cost, Source of Funding and Budgetary Process, and Chapter 11 includes Conclusions.

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2. PROJECT DESCRIPTION

2.1 Project Location

The project is located in Central Development Region and covers five districts of Janakpur Zone namely Dolakha, Ramechhap, Sindhuli, Mahottari and Dhanusha (Fig-2.1). The northern portion of the route alignment is accessible by Kirne- Manthali and Khurkot district road and up to Bardibas the line is parallel to Banepa- Bardibas Road. The section from Bardibas to Dhalkebar is accessible through East –West Highway. The nearest airport is Janakpur and regular flights are available from Kathmandu (Figure 1).

Fig. 1: Location of Khimti-Dhalkebar 220 kV Transmission Line Alignment

2.2 Transmission Line Route

The transmission line started from the Kirnetar close to existing Khimti substation and terminatesat the existing substation at Dhalkebar.It covers 16 Village Development Committees (VDCs) and one municipality of five project districts. It passes mainly through Middle Mountain, Churia range and plains of Terai.

2.3 Project Features

The total length of the alignment is approximately 73 kilometers. The right of way of the proposed project is 15 meter from the centre line on each side and approximately 12.5m x 12.5-m area has been acquired for tower foundation. The tower height is 42.45 meters (Table 1).

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Table 1: Salient Features of the Project Project: Khimti – Dhalkebar 220 kV Transmission Line Project Zone: Janakpur District: Dolakha, Ramechhap, Sindhuli, Mahottari and Dhanusha VDC/ Municipality: Sahare, Khimti, Gelu, Tilpung, Kathjor, Manthali, Bhaluwajor, Bhimeshore,

Ratanchura, Ranichauri, Jalkanya, Bhadrakali, Gairibas, Tulasi Bahunmara, Bengadabar and Dhalkebar VDCs and Kamalamai municipality,

TL Line Length: 73 km Span: 350 meters No. of Angle Point: 53 No. of Tower 188 Voltage Level: 220 kV RoW: 30 meters Tower Type: Steel Lattice Structure, self-supported Circuit: Double Conductor: ACSR BISON, Duplex Earth Wire: EHS 7/3.35 Foundation Type: Pad and Chimney isolated Foundation Area: 12.50 x 12.50 meters (approx. average per foundation) Bay Extension: One at Khimti substation and another at Dhalkebar substation Funded by: World Bank, GON and NEA

KALPATARU Construction Power Transmission Limited is the main contractor for the construction of this Project. Himal Hydro is sub-contractor for Dhalkebar- Panitanky stretch of transmission line alignment. The work from Panitanky to Khimti- Switchyard is assigned to Mudvari Construction Company Limited. Out of 188 towers constructed under this project 1 is located in Dolkha, 52 in Ramechhap, 82 in Sindhuli, 12 in Mahottari and 41 in Dhanusha district. Out of that 181 towers are completed and 7 towers in Sindhuli district are yet to be constructed. Out of 7 towers 1 tower foundation is constructed in Khurkot and remaining 6 tower foundation consisting 1 in Khurkot of Bhimeshwor VDC, 2 in Ranichuri VDC and 3 in Kamlamai Municipality are yet to be constructed. The stringing of single circuit line is completed in most of the section of alignment.

3. STUDY METHODOLOGY

The methodology to collect data on socio-economic and cultural aspects for the updated VCDP has included but not limited to: identification of stakeholders, literature review, participatory rapid appraisal (PRA) in the affected VDCs, survey of affected indigenous and vulnerable households (HHs), GIS map preparation, field observation and informal meeting/consultations with district level key stakeholders, government officials and the affected households. Based on the findings of the field work, this updated VCDP has been prepared.

The study team has adopted a participatory approach with maximum involvement of different stakeholders of the project at the local and district levels to generate relevant information for the updated VCDP. The study team has maintained close contacts with the district level government relevant line agencies, VDC level key stakeholders and other stakeholders while conducting the field work.

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The following methodology has been applied to collect social, economical and cultural data for the updated VCDP.

3.1 Project Area Delineation

Based on the review of maps, previous reports prepared for the project and field assessment for the updatedVCDP, the project area is defined as the area for the construction of a 220 kV transmission line alignment as well as the area that will be impacted due to the construction and operation of the project. The project area includes 17 VDCs and one municipality of Dolakha, Sindhuli, Ramechhap, Mahottari and Dhanusha districts.

The study area is divided into two parts on the basis of the proximity and magnitude of impacts as follows:

3.1.1 Core Project Area

The “Core Project Area” consists of the 30 m Right of Way (RoW), encompassing 15 m on each side of the alignment measured from its center line. The settlements and area falls within 500m on either side are also considered under core area. This area is defined as the direct impact zone.

3.1.2 Surrounding Area

The term ''Surrounding Area'' indicates a wider area, which will be directly or indirectly influenced by the construction and operation of the project. This area includes all alignment encompassing VDCs/municipality of the 5 districts excluding areas mentioned as core project area. This area is also termed as the “indirect impact zone”.

3.2 Vulnerable Community in the Context of Nepal

In the context of Nepal, vulnerable community means communities who are commonly landless and marginal farmers living below subsistence level. Moreover, these people have no or limited access to public resources and they almost never participate in national planning, policy, and no access in decision making process or in development initiatives. As a result, their risk of falling below the poverty line is high.

Formal and informal studies conducted in Nepal reveal that most of indigenous people (Janajati, Adibasi) and Dalits fall under the category of vulnerable person in Nepal. This was also reflected in the Government's plans and policies that recognize women, disabled, ethnic minorities and Dalits groups as the predominant poor and marginalized groups. Women in all social groups and regions are more disadvantaged than their male counterparts and even among women, widows, separated and women headed households are particularly disadvantaged.

3.2.1 Criteria Used for Defining Vulnerable Community

After a review of information related to these groups in the project area, female-headed households IPs and Dalit were identified as vulnerable groups that merited consideration in the study. The main indigenous groups found in the project areaare Hayu, Bhujel, Magar, Gurung, Majhi, Tamang and Newar. Of the indigenous groups of the project area,Hayu is listed as endangered, Majhi as highly marginalized, Tamang and Bhujel as marginalized, Gurung and Magar as disadvantaged and Newar as

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Advance groups. Although listed under indigenous category these IPS have no distinct characteristics and almost all follows the similar social and cultural tradition, use common Nepali language and socially mixed up with other caste/ethnic groups.The Kami, Damai and Sarki are the Dalits of the area.Almost all these groups are highly dependent on subsistence farming and wage employment for their livelihood. The following groups were initially considered as potential vulnerable groups for this study:

• Female-headed households; • Households headed by the physically disabled; • Indigenous people (Adibasi/Janajati), and • Dalit(the so-called untouchables).

3.3 Identification of the Stakeholders and Consultations

The stakeholders were identified by the study team with the help of representatives of district and local level government offices, nongovernmental organizations (NGOs), community based organizations (CBOs), teachers and other key informants of the area. The identified key stakeholder are project affected families (PAFs), affected communities, IPs, vulnerable groups, representatives of local government bodies/line agencies, NGOs, CBOs, community forest user groups (CFUGs), women organization, teachers and leaders of political parties.

The identified stakeholders were consulted to solicit their views, concerns regarding the project and their expectations from the project as they are the directly or indirectly affected by the project and have important role to influence the project completion.

3.4 Sample Distribution

The updated VCDP study has covered 17 project affected VDCs and one municipality of Dolakha, Ramechhap, Sindhuli, Mahottari and Dhanusha districts. Altogether survey of 58 affected families out of total 92 affected families from IPs and vulnerable groups, 51 VDC and municipality level participatory rapid appraisals (PRAs) with the concerned group (IPs and Dalit), 17 key informant interviews (KIIs), were conducted in the project area (Table 2).

Table 2: Sample Distribution District VDCs/Municipality KIIs PRA HH Survey

Dalit IP IP Dalit Others* Total Surveyed Total Surveyed Total Surveyed

Dolakha Sahare 1 2 1 0 0 0 0 0 0 Ramechhap Gelu 1 2 1 3 2 0 0 2 2

Khimti 1 2 1 2 2 0 0 2 1 Tilpung 1 2 1 2 2 0 0 0 0 Kathjor 1 2 1 0 0 0 0 0 0 Manthali 1 2 1 1 1 0 0 4 2 Bhaluwajor 1 2 1 10 3 0 0 1 1

Sindhuli Bhimeshor 1 1 2 4 3 0 0 0 0 Ratanchura 1 2 1 4 4 0 0 0 0 Ranichauri 1 0 3 6 3 0 0 0 0 Bhadrakali 1 1 2 8 3 0 0 0 0 Jalakanya 1 1 2 0 0 0 0 0 0 KamalamaiNP 1 1 2 14 11 2 2 6 4

8

Mahottari Gauribas 1 2 1 0 0 0 0 0 0 Dhanusa Tulasi Bahunmara 1 2 1 1 1 2 2 0 0

Begadawar 1 2 1 4 2 2 2 2 1 Dhalkebar 1 2 1 8 2 1 1 1 1

Total 17 17 28 23 67 39 7 7 18 12

Source: Field Survey, March, 2014, Note: Others included women headed households of Brahmin, Chettri and Yadav caste/ethnic groups

3.5 Preparation of Study Tools and Fieldwork

After review of relevant reports and documents, study tools for the updated VCDP were prepared to collect required information/data from the field. All the study tools were prepared and pre-tested. Based on the findings of the pre-test the study tools were finalized and used in the field.

The fieldwork was started from March 1, 2014 under the close supervision and guidance of the Sr. Socio-economist and completed on March 15, 2014. A tentative field schedule was provided to the field team to manage the field work and progress monitoring.

3.6 Participatory Rapid Appraisal

Altogether 51 participatory rapid appraisals including 23 With IPs and 28 with Dalits(Table 2) were conducted in the project area including three PRA in each project affected VDC to collect basic socio economic data, views, concerns and expectation of the local people from the project. Similarly, the participants were also informed regarding the project and its activities during the PRA. Altogether 775 participants including 46.1% female representing indigenous and vulnerable groups had participated in the PRA. The average number of participants was 14 people. The participants of the PRA were purposively selected with the help of local leaders, social workers and teachers. A checklist was developed to facilitate the PRA.

3.7 Key informant Interviews

Key informant interviews were conducted with 17 purposively selected key informants including one key informant from each affected VDC to assess their views, concerns and expectation from the project and relevant information of the project area. The key informants included VDC Secretaries, teachers, businessman, social workers, social moblizers of government agencies and NGOs, and other intellectual of the project area (Table 3). The interviews were conducted using an in-depth interview guideline.

Table 3: Distribution of Key Informant Interview Participants S.

No.

District VDC/Muni Name of Respondent Age Sex Education Occupation/

Position

1 Dolakha Sahare Ram N. Shrestha 51 M Secondary Business 2 Khimti Diwakar Khadka 31 M Master Teaching 3 Kathjor Gunja Bdr. Shrestha 45 M Diploma Teaching 4 Ramechhap Manthali Jagannath

Karmacharya 56 M Higher

Secondary VDC Secretary

5 Gelu Pawan Raj Khadka 45 M Master Teaching 6 Bhaluwajor Ram BhaktaTamang 55 M Diploma Teaching 7 Bhadrakali Tara Bdr. Thapa

Magar 58 M SLC Teaching

8 Ranichuri Raj Kumar Magar 35 M Diploma VDC Secretary 9 Sindhuli Jalakanya Kamala Tamang 23 F Diploma Social

Mobilizer 10 Kamalamai NP Prakash C. Karki 48 M Diploma Service

9

11 Ratanchura Bimala Kafle 39 F Diploma Teaching 12 Tulsi

Bahunmara Navaraj Paudel 46 M Intermediate Teaching

13 Dhanusha Begadawar Dwarika Shrestha 60 M Intermediate Social Service 14 Dhalkebar Raj Kumar Mahato 56 M SLC Social Service 15 Mohattari Gauribas Om PrakashKhadka 39 M Diploma VDC Secretary

3.8 Household Survey

Household survey of directly project-affected 58(63.0%) families among the 92 directly project affected households of vulnerable group (IPs and vulnerable group) was conducted to collect socioeconomic data and issues/concerns of the affected households (Table 4). An attempt was made to enumerate all the affected households; however the field team could not contact some of the households and some refused to give the interview. The household survey was conducted using a semi-structured household survey questionnaire. The socioeconomic data produced from the household survey are presented in 1-34 tables, in Annex 1.

Table 4: Distribution of HH Sample District VDC/Mun. Indigenous Dalits Women Headed* All

Total

HHs

Surveyed

HHs

Total

HHs

Surveyed

HHs

Total

HHs

Surveyed

HHs

Total

HHs

Surveyed

HH

Dhanusha Dhalkebar 8 2 1 1 1 1 10 4 Bengadabar 4 2 2 2 2 1 8 5 Tulashi 1 1 2 2 3 3

Mahottari Gauribas - - - - - - Sindhuli Kamalamai

municipality 14 11 2 2 6 4 22 17

Ranichuri 6 3 6 3 Bhadrakali 8 3 Jalkanya - - Ratanchura 4 4 4 4 Bhimehwor 4 3 4 3

Ramechhap Bhaluwajor 10 3 1 1 11 4 Manthali 1 1 4 2 5 3 Kathajor - - Tilpung 2 2 2 2 Khimti 2 2 2 1 4 3 Gelu 3 2 2 2 5 4

Dolakha Sahare - - Total 67 39 7 7 18 12 92 58 Percent 72.8 58.2 7.6 100 19.6 66.7 100 63

Note: Others included women headed households of Brahmin, Chettri and Yadav caste/ethnic groups

3.9 Meetings/Consultations

Informal meetings/consultations were also conducted with the KD 220 TL Project Affected Peoples Struggle Committee, VDC Secretaries, teachers, political party leaders, government officials including CDOs and LDOs, businessmen, social workers, and representatives of NGOs, CBOs and of the project area to collect information about the project area, their concerns/expectation and inform them about the project and its ongoing activities. An informal meeting was conducted with the KD 220 TL Project Affected Peoples Struggle Committee on March 9, 2014 to listen their concerns/issues, inform them about the project status and find out to break the current deadlock

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situation in a win-win situation in Kamalamai Municipality. More than 24 participants, including the President, Vice-president, and other officials of the Struggle Committee had participated in the meeting. Similarly, an informal meeting was also conducted with LDO, CDO and major political party leaders in the DDC Office, Sindhuli on March 25, 2014 in which more than 15 people participated. The main objective of this consultation was to discuss on issues and concerns of the stakeholders as well as inform them present status of the project. Similarly, informal consultations were also held with the affected families, community, government officials in the study districts. Their main issues and concerns of the stakeholders have been incorporated in the community consultation chapter. List of all people consulted are presented in Annex 4 and 5. The annex 5 is a separate pdf file containing scan copies of the details of the participants in the consultation meetings.

3.10 Data Encoding and Analysis

The field team was responsible to make sure that all the required information collected properly and consistent. Any missing or inconsistent information was collected or corrected in the field before living the site. After completion of the field work the collected data was encoded and analyzed in Kathmandu. The collected data was processed using computer software and manually as appropriate. One Data Manager was responsible to develop data entry program, data cleaning/editing, managing the data entry process and processing data in Kathmandu. The Data Manager has worked in close coordination with the experts.

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4. REVIEW OF POLICIES, LAWS, GUIDELINES AND CONVENTIONS

4.1 General

Environmental management is relatively a new subject in Nepal. This chapter focuses on brief description of the policy, legal and administrative framework within which the project has been implemented. The proponent will fulfill the legal requirement of Government of Nepal as well as The World Bank (WB) Environmental and Social Safeguard Policies and will be responsible for fulfilling provisions of all relevant acts while implementing the project.

Some of these national and international policies, acts, rules, guidelines and conventions relevant to the proposed project regarding VCDP are described below. The proponent will obey and follow if any other legal provisions besides those already mentioned in this chapter are attracted due to various activities that will be undertaken as part of the project.

4.2 Constitution, Plan, Policies, Laws and Guidelines

4.2.1 Constitution, Plan and Policies

4.2.1.1 Interim Constitution of Nepal, 2006 (2063)

Article 13 (3) stated that discrimination shall not be conducted based on color, origin, caste and language. Article 13 (4) mentioned that equal wages shall be given to female for same kind of work. Article 19 (2) mentioned that that the state shall acquire legal private property only for public interest and Article 19 (3) mentioned that compensation shall be provided for such acquired property as prescribed by law. Article 35 (5) of the Interim Constitution mentioned about environmental awareness to general public, minimization/avoidance of the impact of physical development works on environment and rare species with due emphasis on conservation. This article also deals with the biodiversity conservation, sustainable use of natural resources and equal distribution of benefits.

4.2.1.2 Thirteenth Three Year Plan (2070/71-2072/73 BS), 2013

The government has recently endorsed the Thirteenth Three Year Plan (2070/71-2072/73). This plan will cover the period of 2013/14 2015/2016. Its long-term vision is to promote Nepal from its current status of a least developed country to a developing country by 2022. Its aim is to reduce human and economic poverty, bring change in the living standard of citizen by promoting green economy focusing on poverty reduction and reducing the percentage of population living below the poverty line from 23.8% to 18.0% during the plan period. The plan also aims to achieve 6.0% of annual economic growth rate. The priority areas of the plan are hydropower, energy, agriculture, basic education, health, drinking water, good governance, tourism and environment. The GON will increase the participation and contribution of private sector, public sector and cooperatives for the promotion and development of the priority areas during the plan period.

4.2.1.3 Hydropower Development Policy (2058 BS), 2001

The Hydropower Development Policy 2001 AD emphasizes the need of implementation of mitigation measures in project affected area. The policy states that Resettlement and Rehabilitation works shall be conducted as per approved criteria of the GON. The policy clearly states that hydropower

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development shall be emphasized with due consideration of environmental conservation and as an alternate of bio and thermal energy. Section 6.3 deals with the provision for investment in generation, transmission and distribution whereas section 6.1.2.3 (a) deals with different kind of license required at different level of project development. The article 6.3 and 6.1.2.3 (a) are relevant for project planning and investigation including EIA.

4.2.2 Acts

4.2.2.1 Land Acquisition Act, 1977

It is the main legislation to guide the land acquisition process in the country. Government can acquire land at any place in any quantity by giving the compensation pursuant to the act for the land required for any public purpose or for the operation of any development project initiated by government institution (sections 3 and 4).

The compensation paid under this act will be given in cash. To decide about the amount of compensation the act has made provision for the constitution of Compensation Determination Committee (CDC). This act is silent about the payment of compensation at market rate, which pose difficulty for the payment of compensation at present value.

4.2.2.4 Labor Act 1992

This act has been enforced by GON in May 15, 1992. This act classified people below 15 years as child and minor Nabalik for the age group of above 14 years and below 18 years. The act has also made provision of labor court and Department of Labor. The act clearly mentioned that appointment letter should be issued for all the employees, which include their working hours, working time, wages and other benefits. The act allows for the time bond contract for the manpower required for development work. The act specifies that working hours for the Nabalik and women must be within the period of 6 AM to 6 PM that clearly restrict to deploy women in night works. The act also stated that equal opportunity shall be given to women as man. Similarly, working period of other employees must not exceed 8 hours a day and 48 hours in a week. If some people work beyond that period overtime allowances must be paid which is 150 % of the normal per hour wages and such overtime must not exceed 4 hours in each day. According to this act wages rate of the employees shall not be less than rate fixed by the GON.

4.2.2.5 Land Reform Act (2021), 1964

The Land Reform Act, 1964 is considered as a revolutionary step towards changing the existing system of land tenure by establishing rights of tenants and providing ownership rights to actual tenant. To date the act has been amended five times. Chapter 3, section 7 and sub-section 1 sets ceiling on land ownership according to geographical zones. Chapter 25, section 7 and sub-section 1 of this act deals with tenancy rights.

4.2.3 Rules/ Regulations

4.2.3.1 Electricity Regulations, 1992

Section Chha of Article 12 and section Chha of Article 13 of Electricity Regulation 1992 are important from environmental viewpoint. It has clearly mentioned in the sections for analysis of environmental effect and measures to be taken to minimize the adverse effect of project on

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environment by the proponent. Similarly, the proponent should also analyze the effect on landowners due to construction and operation of the project and details of people to be evacuated and necessary plan for their rehabilitation should be done by the proponent. This regulation has also made provision for the formation of Compensation Determination Committee (CDC) for compensation of the land required for the project.

4.2.4 Guidelines

4.2.4.1 National Environmental Impact Assessment Guidelines, 1993

This is the first and important environmental impact assessment guidelines of Nepal. The guidelines is frequently used and quite helpful right from preparing terms of reference to preparing impact assessment matrix and assigning values on impacts ranking. The other important feature of the guidelines is description on community participation. Clause 49 deals with the methods to involve the public.

4.2.4.2 EIA Guideline for Agriculture Sector 2003

The EIA Guideline for Agriculture Sector 2003 was developed to minimize impacts on the agriculture sector due to increase in agricultural products and production and the activities of projects implemented by other organizations. Schedule 2 of the Guideline discusses the screening process for environmental studies, Schedule 4 relates to EIA scoping and Schedule 5 describes the requirements for the EIA TOR.

The construction of the Kaimti - Dhalkebar 220 kV TL involved acquisition of cultivated land for project structures, land-use restriction under RAW and leasing of cultivated land for temporary construction sites, thus standing crops may be affected and therefore the provisions of this Guideline are relevant to the project.

4.3 ILO Convention on Indigenous and Tribal Peoples, 1989 (No.169)

Nepal ratified ILO Convention No. 169 on September 14, 2007. In 2007 the UN Declaration on the Rights of Indigenous Peoples was adopted by the General Assembly. The declaration reaffirms the importance of the principles and approaches provided for under Convention No. 169 and its adoption therefore provide a fresh impetus for promoting the ratification and implementation of Convention No. 169. ILO Convention No.169 highlights the need to recognize indigenous and tribal people’s specific knowledge, skills and technologies as the basis for their traditional economies and self- determined development process. Article -1 of the convention provide definition of the tribal and indigenous people. Article -6 deals the consultation of the peoples concerned through appropriate procedure and in particular through their representative institutions, whenever consideration is being given to legislative or administrative measures which may affect them directly.

In Article 15, the rights of the peoples concerned to the natural resources pertaining to their lands shall be specifically safeguarded. These rights include the right of these people to participate in the use, management and conservation of these resources. The use of the term lands includes the concept of territories, which covers the total environment of the areas that the peoples concerned occupy or otherwise use. The peoples concerned wherever possible shall participate in the benefits of such activities and shall receive fair compensation for any damages that they may sustain as a result of such activities. Article 16 (2) clearly mention that where the relocation of these peoples is considered

14

necessary as an exceptional measures such relocation shall take place only with their free and inform consent. Where their consent cannot be obtained, such relocation shall take place only following appropriate procedures established by national laws and regulations, including public inquiries where appropriate, which provide the opportunity for effective representation of the peoples concerned. Article 16 (3) mention that whenever possible these peoples shall have the right to return their traditional land as soon as the grounds for relocation cease to exist. Article 16(5) elaborated the persons thus relocated shall be fully compensated for any resulting loss or injury.

4.4 The World Bank Safeguard Policies

The World Bank has ten safeguard policies mainly environmental assessment, natural habitats, forest, pest management, safety of dams, involuntary resettlement, indigenous people, cultural property, projects involving international waters, projects in disputed area etc. The objectives of Safeguard policies are to integrate environmental and social issues in to decision making, to support Participatory approaches and transparency, to effective implementation of project for achieve sustainable development etc.

The objective of these policies is to prevent and mitigate undue harm to people and their environment in the development process. These policies provide guidelines for bank and borrower staffs in the identification, preparation, and implementation of programs and projects. Safeguard policies have often provided a platform for the participation of stakeholders in project design, and have been an important instrument for building ownership among local people.

4.4.1 OP 4.12 - Involuntary Resettlement

Involuntary resettlement may cause severe long-term hardship, impoverishment, and environmental damage unless appropriate measures are carefully planned and carried out. The basic principle of Involuntary Resettlement Policy are; avoid, minimize and mitigate involuntary resettlement impacts, payment of compensation before taking possession of the property, compensation at replacement cost and carry out consultation from beginning to end of the project. For these reasons, the overall objectives of the Bank's policy on involuntary resettlement are as follows:

a) Involuntary resettlement should be avoided where feasible, or minimized, exploring all viable alternative project designs.

b) Where it is not feasible to avoid involuntary resettlement, resettlement activities should be conceived and executed as sustainable development programs, providing sufficient investment resources to enable the persons displaced by the project to share in project benefits.

c) Displaced persons should be meaningfully consulted and should have opportunities to participate in planning and implementing resettlement programs.

d) Displaced persons should be assisted in their efforts to improve their livelihoods and standards of living or at least to restore them, in real terms, to pre-displacement levels or to levels prevailing prior to the beginning of project implementation, whichever is higher.

To address the impacts covered of this policy, the borrower must prepare a resettlement plan or a resettlement policy framework. The framework shall include consultation process, alternatives, compensation at full replacement cost for losses of asset, assistance (such as moving allowances) during relocation, residential housing, or housing sites, or, as required, agricultural sites, offered support after displacement for a transition period to restore their livelihood and standards of living and

15

provide with development assistance such as land preparation, credit facilities, training, or job opportunities in addition to compensation measures.

Operational Policy 4.10 ensures that indigenous population benefits from development projects and those projects’ potentially adverse effects are avoided or mitigated.

4.4.2 OP 4.10 - Indigenous People

The World Bank defines indigenous people, as the people, who have their self-identification, collective attachment to ancestral lands, customary culture, economic, social, political institution and indigenous language. The World Bank recognizes that the identities and cultures of indigenous peoples are inextricably linked to the lands on which they live and the natural resources on which they depend. These distinct circumstances expose indigenous people to different types of risks and levels of impacts from development projects, including loss of identity, culture, and customary livelihoods, as well as exposure to disease.

As social groups with identities that are often distinct from dominant groups in their national societies, indigenous peoples are frequently among the most marginalized and vulnerable segments of the population. As a result, their economic, social, and legal status often limits their capacity to defend their interests in and rights to lands, territories, and other productive resources, and/or restricts their ability to participate in and benefit from development. At the same time, The World Bank recognizes that indigenous people play a vital role in planning and implementation of development projects and their continued consultation, participation and cooperation are of profound significance in all projects.

4.4.3 The World Bank Policy on Access to Information

As per Bank’s disclosure policy, the safeguard documents, especially the VCDP will be disclosed for access to the public at various levels and sites. At the central level, the soft copyof the documents would be posted in the website of NEA, the Executing Agency of the Project. In parallel, this would be disclosed in the Info-shop of the World Bank. Disclosure of the summarized translated Nepali version of the document would also be made at the local level in compliance with the World Bank Disclosure Policy to enable ordinary people of the project area. The hard copies would be made public in different places such as Project Site Offices, DDCs, CDC, DAOs and VDCs as relevant.

http://go.worldbank.org/TRCDVYJ440

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5. COMMUNITY CONSULTATIONS AND PARTICIPATION

The Government has enacted Right to Information Act 2007 (2064) and Right to Information Rules, 2065 (2009) as legal provisions to protect the right of the citizen to be well-informed that could make adverse impact on the interest of the nation and citizen. The government has formed an Independent National Information Commission for the protection, promotion and practice of right to information.

As key stakeholders in development the citizens have the right to know and to be involved in information exchange and decision-making that affects their lives, resources and properties from the initial stage of a development project.

Community participation, consultation and information dissemination from the beginning is crucial to reduce misunderstandings and successful implementation of a project or program. When the public is well informed and motivated, project/program implementation could be trouble-free. Therefore, the project has given more emphasis to community consultation and information dissemination throughout the preparation of this updated VCDP for its effective planning and implementation.

5.1 Procedure for Consultation and Participation

PRA with indigenous and vulnerable groups was used as the main tool of community consultation and information dissemination for preparation of the updated VCDP. Similarly, key informant interviews, household survey of the directly project affected (indigenous and vulnerable) families, and informal meeting/consultation with the key stakeholders of the project area were also conducted as other tools of community consultation.

During the consultations, the participants were requested to express their views, concerns/issues regarding the project as well as they were informed regarding the project and its activities. Information such as project purpose, project type, impact area, likely impacts and potential opportunities due to project implementation were provided to the people during the consultation. Checklists and questionnaire were developed to facilitate the PRA, KIIs and socioeconomic HH survey.

Altogether 51 PRAs including 28 with Dalits and 23 with indigenous groups (three PRA in each VDC/municipality) were conducted. Altogether 775 participants including 46.1% female representing indigenous and vulnerable groups had participated in the PRA. The average number of participants was 15 persons. The participants of the PRA were purposively selected with the help of local leaders, social workers and teachers.

5.1.1 Consultation with Indigenous People

Altogether 17 PRAs were conducted for consultation with the indigenous people in all the project affected VDCs and Kamalamai Municipality. A total of 391 participants including 57.3% male and 42.7% female participated in the PRA (Annex 2, Table 1). More than six cast/ethnic groups of the project had participated in the PRA. Of them, 26.3% were Tamang, 25.3% Majhi, 18.2% Magar, 16.6% Newar, 12.0% Bhujal and 1.5 from other groups (Annex 2, Table 2). The educational level of the PRA participants was low. Majority of the participants were barely literate. However, a very few of them had completed higher secondary level to bachelor level of formal education (Annex 2, Table

17

3). Subsistence farming was the dominant occupation (66.2%) of the participants. The other main occupations of the participants were salaried job, business, and wage employment. Similarly, a few were engaged in HH work and study (Annex 2, Table 4). The details of the consultation meeting and issues/concern raised by the indigenous participants are presented in Table 5. Table 5 Concerns Raised by the Participants of the Indigenous Community

District S.N Place, VDC/Muni. Date Participants Key Issues/ community needs identified T M F

Dolakha 1

Pipaldanda, Ward No. 6, Sahare VDC 2070/11/21 20 12 8

1. Small Irrigation facilities 2. Technical Training 3. Local Drinking Water facility

Ramechhap 1 Shivalaya, Ward No. 2, Khimti VDC 2070/11/25 16 9 7

1. Local Drinking Water facility 2. IG Activities 3. Protection of Majhi’s Fishing Occupation

2 Piple, Ward No. 8 Kathjor VDC 2070/11/26 15 6 9 1. Local Drinking Water facility 2. IG Activities 3. Livestock Support

3 Saap Mare , Ward No. 3, Manthali VDC 2070/11/24 19 11 8 1. Loss of Forest C. Forest 2. Local Drinking Water facility 3. Support for small Irrigation facilities

4 Sinkal, Ward No. 1 Gelu VDC 2070/11/23 14 8 6 1. Livestock Support 2. Technical Training for self-employment 3. Loss of Forest

5 Seleghat, Ward No.84 Bhaluwajor VDC 2070/11/22 22 12 10 1.Support for small Irrigation facilities 2. Self-Employment training 3. Local Drinking Water facility

6 Arubote, W. No. 6, Tilpung VDC 2070/11/23 24 14 10 1. IG Activities

Sindhuli

1 Dhungre, Mudekharka, Ward No. 1,3Bhadrakali VDC

2070/11/27 37 16 21

1. Compensation 2. Support for small Irrigation facilities 3. Compensation for Land under RoW 4.Enhancement of Bhadrakali Temple

2 Nigale, Ward No. 1 Jalkanya VDC

2070/11/28 30 15 15

1. Tree loss near Gadi 2.Technical and vocational Training 3.Support for Road 4. Protection and enhancement of Gadi

3 Laku, Khurkot Ward No. 1,5 Bhimeshwor VDC

2070/11/29 22 12 10 1. Employment 2. Small Irrigation facility 3. Livestock Support

4 SukeKhola and Baghmara, Ward No. 11 Kamalamai NP

2070/11/29 23 9 14 1. Employment 2. Loss of Forest 3. Land Registration of Squatters

5 Fiting, Khatar Ward No. 1 Ranichuri VDC

2070/11/27 38 23 15

1. Health Hazards 2. Shift of Alignment from Settlement 3. Adequate Compensation

6 Khaniyakhark, Ward No. 4 Ratanchura VDC

2070/11/26 17 14 3 1. Resettlement of HHs 2. Compensation for Junar Trees 3. Transparency while distributing Seed Grants

Dhanusha 1 DhapsaTole Ward No. 2 Tulsichad VDC 2070/11/20 22 10 12

1. Support for flood control 2. Employment 3. IG Activities

2 Lalgad, Ward No. 9, Begadawar VDC 2070/11/19 24 17 7 1. Employment 2. Livestock Support 3. Transparency in project implementation

3 VidyutTole, Ward No. 4 Dhalkebar VDC 2070/11/1

8 28 25 3

1. Economic Upliftment of Poors through self- employment 2. Support for Education 3. Local Drinking Water facility

Mohattari 1 Kalapani, Ward No.6, Gauribas 2070/11/18 20 9 11 1. Technical Training 2. Financial Support

Total 391 222 169

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5.1.2 Consultation with Dalit Communities of the Project Area

Altogether 28 PRAs were conducted for consultation with the vulnerable communities, particularly among the Dalits covering the entire project affected VDCs and Kamalamai Municipality. A total of 384 participants participated in the PRA including 50.5% male and 49.5% female (Annex 2, Table 5). Among the 384 participants of the Dalit community, 38.8% were Kami (Blacksmith), 33.6% Damai (Tailor), 21.1% Sarki (Shoemaker), and 6.8% from other Dalit groups (Annex 2, Table 7). The educational level of the PRA participants was low. Of the participants, 39.1% were literate, 31.8% were barely literate. However, a very few of them had completed higher secondary level to bachelor level of formal education (Annex 2, Table 6). Agriculture was the main occupation of 38.5% of the participants. The other main occupations of the participants were wage employment (16.9%), business (10.7%), and salaried job. Similarly, 24.2% were engaged in HH work and 7.0% in study (Annex 2 Table 8). The details of the consultations and issues/concerns raised by the participants are presented in the Table 6 below.

Table 6 Summary of Issue/Concerns Raised by the Participants of the Dalit Community District S.N. Place, VDC/

Muni. Date Participants Key Issues/concerns raised

T M F

Dolakha 1

Pipaldanda, Ward No. 6, Sahare

VDC

2070/11/21 31 19 12

1. Employment 2. Construction of Water Storage Tank 3. IG Activities

Ramechhap 1

Shivalaya, Ward No. 3 & 4

Khimti VDC 2070/11/25 30 16 24

1.Support in Skill Development Training 2. Local Drinking Water facility 3. IG Activities

2 Tekanpur , Ward

No. 6 & 7 Kathjor VDC

2070/11/26 21 10 11 1.Loss of Forest from Community Forest 1. Local Drinking Water facility 1.Support for Irrigation

3 Manthali VDC 2070/11/24 32 10 22 1. IG Activities 2. Water Storage Tank

4

Ghurpang, Ward No. 1 &Anas Ward No. 2 of Gelu VDC

2070/11/23 16 9 7

1. IG Activities 2. Skill Development Training 3. Loss of Forest

5 HulakDanda, Ward No. 4 Bhaluwajor VDC

2070/11/22 32 11 21 1.Support in Education 2. Employment 3. Local Drinking Water facility

6 Arubote, Ward No. 7, Tilpung VDC

2070/11/23 34 19 15 1. IG Activities

Sindhuli 1

Boharea, Ward No. 9 Bhadrakali VDC

2070/11/27 16 12 4 1. IG Activities

2 School Tole, Ward No. 5 Jalkanya VDC

2070/11/28 20 15 5 1. Loss of Tree nearby Sindhuli Gadhi 2. Drinking Water

3 DharaTole, Ward No. 2 Bhimeshwor VDC

2070/11/29 10 3 7 1. Upliftment of Dalit 2. Employment 3. Skill Development. Training

4 SukeKhola, Ward No. 11 Kamalamai NP

2070/11/29 21 9 12 1. Employment

5 Khaniyakhark, Ward No. 4 Ratanchura VDC

2070/11/26 19 10 9 1. Employment 2. IG Activities 3. Livestock Training

Dhanusha 1

DhapsaTole Ward No. 2 Tulsichad VDC

2070/11/20 22 10 12 1. Loss of Forest 2. Technical Training 3. IG Activities

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4. Seed Grant 5. Resettlement/& Compensation

2 Lalgad, Ward No. 6, Begadawar VDC

2070/11/19 24 13 11 1. Employment 2. Distribution of Solar Energy 3.

3 Dhalkebar, Ward No. 4 Dhalkebar VDC

2070/11/18 21 12 9 1. Drinking Water 2. Toilet Construction 3. Employment

Mohattari

1

Patudanda, Kalapani, Ward No. 4 & 7, Gauribas VDC

2070/11/18 35 16 19

1. Special Package for Dalit 2. Cottage Industry Training

Total 384 194 200

5.2.3 Consultation with other stakeholders of the Project area

In addition to the PRA, altogether 17 KIIs including 16 KIIs in the VDCs and one in the municipality were conducted. Similarly, of the directly affected total vulnerable families (92 families), socioeconomic survey of 63.0 vulnerable families was conducted as part of the public consultation.

Two informal meetings including one with the Struggle Committee of Khimti-Dalkebar 220 kV TL Project Affected People (with more than 25 people) and one with the government officials and district level key political party leaders were conducted in Kamalamai Municipality of Sindhuli district on March 9, 2014.

Similarly, the study team consulted local leaders, political party leaders, businessmen, teachers, social workers, government officials, and representatives of NGOs/CBOs of the project area to solicit their views, issues and concerns during the field work.

The study team also visited camp site of the struggling people in Kamalamai Municipality and discussed regarding their issues and concerns. Further, the team also observed some important religious and archeological sites affected/close to the TL alignment and settlements affected or close to the TL by the project. The concerns/issues of local people/institutions have been incorporated in relevant section of the updated VCDP.

5.3 Key Issues/Concerns Raised During Community Consultations

Almost all the local people of the project area have positive attitude regarding quick construction of the project realizing the need of transmission line for hydropower development in the country, regular supply of electricity to address more than 12 hours of load shedding. Due to the support of local people almost all the construction work of the project has been completed except 8 towers in Kamalamai Municipality of Sindhuli district.

It could be due to several reasons such as lack of public consultation, community participation during the initial period of the project, lack of adequate and proper information to community, flow of wrong information regarding the impact of the TL, conflict of interest among the local people, delay in construction work, alignment selection, land price hike, expansion of residential areas, changed political scenario etc.

During the community consultation several issues and concerns were raised by the people. The key issues and concerns raised by the local people are related to compensation, employment, implementation of mitigation and enhancement measures and community participation in the project

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activities. The major issues/concerns raised during consultation process by the IPs, VCs and local stakeholders have been broadly categorized as: 1) compensation, 2) Livelihood, 3) alignment of transmission line, 4) community support and 5) Project information and community participation. The key issues/concern raised by the local people during community consultations is summarized in Table 7. Table 7: Summery of Key Issues and Concerns of Dalit, Indigenous People and Other Stakeholders Key Areas of Concerns Details of Issues/Concerns of Dalit, Indigenous People and Other

Stakeholders of the Project area Compensation • Appropriate compensation for land and private property

• Resettlement of affected families • Low valuation of land under the Row • Refusal of land within ROW for collateral by banks

Livelihood

• Employment to Dalit and Janjati people during the construction period

• Support for coffee/tea promotion • Provide income generating/skill development training

(forest/agriculture related and vocational training: plumbing, carpentry and masonry

Alignment of Transmission Line • Avoid agricultural/private land • Avoid settlements and market/growth centers near the TL • Protect/conserve archeological (Sindhuli Gadhi) site,

religious/tourist places • Minimize load shedding

Community Support • Support for education/ educational materials, library, adult literacy, health and drinking water

• Support for small infrastructure development (like drinking water -reservoir; source improvement, school, toilet in school, irrigation etc.)

• Support for awareness program for health and sanitation, domestic violence and social harmony

• Support for tourism promotion in potential areas • Medicine support to Health posts • Support for flood control/river cutting • Protection of human and livestock from high voltage (electric

hazards) • Information local people about negative impact/risk of 220 kV TL

to human and livestock and safety measures • Minimize loss of community forest trees during construction

Project information and Community Participation

• Provide proper information regarding the project Involve local people during implementation of the project activities

• Maintain transparency in the project activities

5.4 Continuation of Consultation Process

The above issues/concerns of the people will be addressed through different mechanism and support system. Major areas of concerns of the vulnerable community and IPs pertain to compensation, supports for their livelihood, proper information and communication, avoid and minimize negative impacts and enhance participation of the local people at different stages of the project. In addition, the public have demanded several community support programs as a measure to improve their livelihood and socioeconomic environment. Therefore, it seems important for the project and public to sit together and come up with consensus regarding the areas of supports those they might be provided. Continued consultations and proper information dissemination to the public, therefore, seem to be the

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most strategic approach for the project to discuss and decide areas of supports during construction and operation stages of the project.

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6. SOCIOECONOMIC INFORMATION OF INDIGENOUS AND VULNERABLE COMMUNITY

6.1 Indigenous Community in the Context of Nepal

Nepal is inhabited by more than 103 different caste/ethnic groups with multi culture, language and religion. Of them 59 caste/ethnic groups are recognized as groups of indigenous peoples Adivasi-Janajati, with distinct cultures, languages and belief systems by the government in 2002.

The total population of the indigenous people was 37.21% (Population Census, 2001) in Nepal and are scattered across mountain, hill and Terai areas of the country. Their concentration is high in rural areas of Nepal. Raute and Kusunda are the nomadic type of people and classified as highly endangered. They are mainly concentrated in remote rural areas and subsistence farming is their main source of livelihood. Most of the indigenous people are deprived of their social, economic, cultural and political rights despite of several policy and legal measures by the government for inclusion in the main stream of development. Therefore, inclusion in the main stream of development is the common voice and main issue of the people. After the Peoples Movement II Jan Andolan II (2062/63) and restoration of democracy these people are organized for their common issue through different organizations. Nepal Federation of Nationalities (NEFEN) is the umbrella organization of the indigenous people voicing for political, economic, social and cultural rights of the indigenous people in Nepal in the context of state transformation.

NEFEN categories the indigenous groups into 5 broad categories based on their population other socio-economic variables such as literacy, housing, land holdings, occupation, language and area of residence at present as 1) Endangered Group (10); 2) Highly Marginalized Group (12); 3) Marginalized Group (20); 4) Disadvantaged Group (15) and 5) Advanced Group (2) Table (8).

Table 8 Categorization of Indigenous Adibasi/Janajati Groups of Nepal Category Ethnic Groups

Endangered Groups

Bankariya, Kusunda, Kushbadia, Raute, Surel, Hayu, Raji, Kisan, Lepcha, Meche (10 groups)

Highly Marginalized Groups

Santhal,Jhangad,Chepang,Thami,Majhi,Bote,Dhanuk (Rajbansi),Lhomi(Singsawa),Thudamba,Siyar(Chumba), Baramu,Danuwar(12groups)

Marginalized Groups

Sunuwar,Tharu,Tamang,Bhujel,Kumal,Rajbansi(Koch), Gangai,Dhimal,Bhote,Darai,Tajpuria,Pahari,Dhokpya (Topkegola),Dolpo,Free,Magal,Larke(Nupriba),Lhopa,Dura, Walung(20groups)

Disadvantaged Groups

Jirel, Tangbe (Tangbetani), Hyolmo, Limbu, Yakkha, Rai, Chhantyal, Magar, Chhairotan, Tingaunle Thakali, Bahragaunle, Byansi, Gurung, Marphali Thakali, Sherpa. (15 groups)

Advanced Groups Newar,Thakali(2groups)

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6.2 INDIGENOUS COMMUNITY IN THE PROJECT AREA

The project area is inhabited by different indigenous caste/ethnic groups ranging from endangered Hayu group to Newar. In absence of VDC level of caste/ethnic data of 2011 census, it is not possible to estimate their current status. However, as per the 2001 census data the population of the indigenous caste/ethnic groups was dominant in the project area. Of the total population of the project area, the population of indigenous people and was 47.6% (Table 9).

Table: 9 Population Distribution of Janjati, Dalit and Others in the Project Affected VDCs

District& VDC/Municipality Total Population Percentage of Population

Janjati Dalit Others

Dolakha

Sahare 2746 11.9 13.8 74.3

Ramechhap

Kathjor 4779 28.1 12.1 59.8

Gelu 6147 29.2 8 62.8

Khimti 4422 48.5 10.8 40.7

Manthali 5053 37.8 9.3 52.9

Tilpung 4318 44.3 6.6 49.1

Bhaluwajor 3556 72.4 10.3 17.3

Sindhuli

Bhadrakali 4591 71.7 12.1 16.2

Jalkanya 1915 23.7 11.5 64.9

Bhimeshwor 2024 37.2 15.8 47

Ratanchura 2659

Ranichuri 9171 68.7 10.2 21.1

Kamalamai NP 32838 48.2 12.5 39.3

Mahottari

Gauribas 5732 39.9 15.1 45

Dhanusha TulsiChauda 4024 41.2 16.9 41.9

Begadawar 10638 59.1 7.8 33.1

Dhalkebar 9912 46.2 5.8 48

Total/ Percent 114516 47.6 10.9 41.5 Source; CBS 2001, Kathmandu, Nepal

Based on the KII and PRA findings, the socioeconomic statuses of the indigenous people of the project have been summarized below.

Education Statistics and Issues

Lowest Literacy Rate % 25 Highest Literacy Rate % 90 Average Literacy Rate 55

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Average Literacy of Other Caste % 77 Enrollment Rate% 88 Major Problems of Primary and Lower Secondary Schools Furniture, Drinking Water and Toilets, Need of

Education Materials Major Problems of Secondary and Higher Secondary Schools Need of Laboratory, Library, Sports Ground Reason for Lower Rate of Enrollment of Janajati Children Poverty and Lack of Awareness JanajatiFocused Program- Literacy and Elder Education Program by

PLAN and VDC

Health Statistics and Issues Common Diseases Cold and Fever, Typhoid, Gastric, Jaundice, Respiratory,

Diarrhoea Treatment Practices Health Service Centers Perception on Quality of Government HSC Average Major Problems of Government HSC No Adequate Medicine, Unavailability of Medical Practioners Accessibility Easy Access to only 60% of Consulted Janajati Community.

Other 40% have to walk more than 1.5 hrs to reach Health Service Center. Therefore They usually visit Private Clinics

JanajatiFocused Program No

Drinking Water and Sanitation Statistics and Issues Piped Water Coverage 20 % HHs Public Tap 57% HHs Well 13% HHs Spout, River and Natural Springs 10% HHs Sufficiency of Piped Water No Average Insufficient Months 4 months Issues: Construction of Water Storage Tank to Supply Water in Dry Seasons % Other HHs having Toilet 80 % % Dalit HHs having Toilet 43 % Reason for Low % of Janajati HHs having Toilet

Poverty and Lack of Health Awareness

Practices of Solid Waste Disposal 80% Dump Solid Waste in