IPP750 GOVERNMENT OF KENYA MINISTRY OF ENVIRONMENT, WATER AND NATURAL RESOURCES VULNERABLE AND MARGINALISED GROUPS PLAN (VMGP) FOR MW ACHE MULTI PURPOSE DAM PROJECT WATER SECURITY AND CLIMATE RESILIENCE IN COASTAL REGION Prepared by Safeguards Environmental Consultants Limited FINAL DRAFT September 2014 EXECUTIVE SUMMARY 1.1 INTRODUCTION AND BACKGROUND TO PROJECT The Government of Kenya is anticipating receipt of an International Development Association (IDA) loan from the World Bank for the Water Security and Climate Resilience in the Coastal Region herein referred to as "the Project". The Water Security and Climate Resilience Project is centered around the Mwache Multipurpose Dam and related water supply and irrigation components. The proposed Project was identified by the Government as a flagship project under the Kenya Vision 2030 mission and also as a necessary facility to provide water for domestic and sanitation purposes including irrigation for Kwale County and at the same time supplement water supply for Mombasa County. 1.1.1 Background Overview Not only will the project affect households but the people living in the project area have also been classified as vulnerable and marginalized requiring additional and specific support. People classified as vulnerable and marginalized with traditional patterns and socio- cultural heritage and distinct in nature, were identified as being affected by the project through displacement. All the households identified as affected have been classified as vulnerable and marginalized this is because the project area has only one ethnic group-the Duruma-who are known to have kept historical traditional practices and culture hence categorized as indigenous when screened in accordance with OP. 4.10. A Vulnerable and Marginalized Groups Plan (VMGP) has thus been developed and aims to ensure that: • The groups categorized as vulnerable and marginalized are included in the project preparation, implementation and monitoring • These groups are consulted extensively and appropriately over issues that affect them and: • Any potential adverse impacts emanating from the project are identified and adequately mitigated in relation to vulnerable groups, meeting local and international requirements and best practice. 1.2 METHODOLOGY The preparation of this VMGP included a mixed method approach where qualitative and quantitative study approaches were employed including several consultations with the Duruma and review of anthropological and other related literature. Annex 4 contains the detailed methodology and terms of reference. 1.3 LEGAL AND POLICY FRAMEWORK The Vulnerable and Marginalized Groups Plan (VMGP) for this project has been prepared in compliance with the requirements of the relevant national legislation of the Republic of Kenya, as well as the World Bank Indigenous Peoples Policy (OP 4.10) and 1 the already prepared Indigenous Peoples Policy Framework (IPPF) for the KWSCRP. The World Bank Group is the potential lender for the project. 1.3.1 National While the Constitution of Kenya (COK, 2010), does not specifically use the term IP, it is nevertheless quite rich in articles that define vulnerability and marginalization, including issues that VMGs cite as the reasons for their self-identification. It also addresses social exclusion in general. Most important, the Constitution now underscores measures for mitigating social exclusion, vulnerability and marginalization by specifically providing for affirmative action as a strategy for facilitating and fast tracking inclusion of the hither to groups who felt excluded for the mainstream economic and political processes of the country. 1.4 VULNERABLE AND MARGINALIZED GROUPS IN PROJECT AREA The entire project area consists of a single ethnic group, which is part of the larger Mijikenda tribe referred to as the Duruma. The Durumas are categorized as marginalized and vulnerable as a result of screening that was conducted in accordance with OP. 4.10. The constitution of Kenya (COK 2010), has also categorized Kwale County as a vulnerable and marginalized County. Table 1 reflects a summary of the socio-economic characteristics of the Duruma. 1.4.1 Socio-Economic Characteristics of the Duruma T a blel. S OCIO- . Ch aractenshcs ofV u Inera ble G roups m t h e P roJect . E CODOIDIC . A rea Social Structures • Social Organisation is characterized as a patrilineal kinship system: property is transmitted in most cases from father to son, and the pattern of marital residence is patrilocal. • For the Duruma, the society is divided into clans (14 in total), clans divide into sub clans, and sub-clans subdivide into local patrilineal lineages. Each family is a member of a certain clan. Political • Traditional leaders exist-Kaya Elders and Council of Elders . Organisation • However, power is now vested in national and county governments with political authority and administrative organisations representing the state. Language • The language spoken in Duruma, but Kiswahili and English are also used as languages of communication Religion • The Duruma have some influence from their Muslim neighbors, the Swahili, but are primarily traditional. Islam is weakening among the Duruma. • Although most Mijikenda today profess monotheistic Christianity or Islam, the traditional Mijikenda religion was a combination of monotheism in which a supreme being and creator, Mulungu, was worshipped, and a strong belief in the influence of ancestral and other spirits in people's daily lives. Many Mijikenda today have not completely abandoned this view. Occupation and • The Durumas are mainly agriculturalists and mostly own small parcels of land Economy with women taking a leading role in earning a living and in farming work. Cultural Identity • The Duruma have maintained their cultural identity, although majority are adopting the modem lifestyle. They practise several rituals during rights of passage including circumcision among others. 2 1.5 KEY IMPACTS ON VULNERABLE GROUPS 1.5.1 Key Impacts and Benefits The project's negative impacts on the vulnerable groups in the area include: loss of traditional worship shrines including kayas and caves; displacement and involuntary resettlement; loss of land, productive resources and other assets; disruption of livelihood systems; and impacts on social networks and community bonds. Given the close community of indigenous groups, households may be especially vulnerable to disruptions created by involuntary resettlement, through the possible dispersal of connected households, the fracturing of social networks, and the weakening of cultural practices. Feedback from the consultation programme reflected a preference of relocating as one community. The vulnerable groups may be affected by additional construction related impacts, such as those associated with the in-migration of people and the presence of a large construction force, through a resultant pressure on service provision and the potential for an increase in HIV/AIDS and other Sexually Transmitted Diseases (STDs); Potential economic and social benefits include: • The provision of employment in construction of the dam and dam oriented businesses. • The provision of training, support and development opportunities for local community members. • Gender development, through employment opportunities, training and support, and providing a platform for women to participate in Project-related structures and activities. • Contributing to improved regional, local and village-based infrastructure and service facilities. 1.5.2 Summary of Results of Free Prior Informed Consultation The vulnerable groups through a consultative process raised a number of key issues associated with the Project during the free, prior and informed consultation process. These include; 1. Religious Structures, Sites and Graves A major concern of the vulnerable groups was how traditional worship shrines; caves and graveyards would be relocated. They requested that all religious structures be replaced at a relocation site, with graveyards some distance away in accordance with appropriate religious/traditional norms and custom and in proper consultation with those concerned including compensation. Graves to be interred in an appropriate religious manner, following religious practice. 2. Community Relations and Social Bonds A commonly raised concern was that the family bonds, community bonds, support structures, networks and social security which would be disrupted through relocation and 3 movement which will impact on religious activities, culture and traditional values of the Duruma. The Duruma are a closely-knit community that is structured along family and clan based bonds and kinships. In order to preserve their own separate cultural identities and maintain existing kinship and social ties, a preference was shown by the Duruma to be relocated, with members of the same family and clan, either in one village or in a neighborhood of a larger village. 3. Project Status Requesting more detailed information on the status of the Project, the main concern was · on the time schedule of the construction/project; whether it has been approved and when the construction will start. This related specifically to resettlement, which villages will be relocated to which areas and when. 4. Land/Asset Acquisition, Resettlement, Compensation and Livelihood Restoration The most frequently raised issues were around the loss of land and its implication on their current way of life and livelihoods, the acquisition of other assets, and compensation. A concern was expressed as to the rights of people with no legal title to the land. Mitigation measures proposed by the vulnerable groups; • Resettlement and rehabilitation planning and preparation activities be undertaken well before displacement occurs, with identified areas and Resettlement Plan presented in advance to enable timely and appropriate decision-making. • A preference for relocation to areas close-by to existing localities and to employment opportunities particularly the dam and to infrastructure and services. • Payment of full compensation prior to displacement. • Assistance in the restoration of livelihoods through for example, provision of training programmes, loan facilities and credit, and marketing support. • Formation of local compensation committee that includes representatives of indigenous groups and other groups working with them. • Assurance that spiritual and religious sites including graves affected by the project be relocated in accordance with the traditions, customs and rituals of the Duruma and full compensation provided for the exercise and ceremonies. • A full ceremony for relocating the shrines to be conducted prior to commencement of any activity. 5. Employment opportunities Indigenous groups requested that, as with other affected people, they be given preference for job opportunities on the dam and be provided with training and skills to fill positions, including for women. 6. Infrastructure and services Concerns were raised about the potential impact of the Project on existing infrastructure/services and their replacement specifically the bridge that would be inundated by the reservoir. This bridge and road network connects the Duruma with each other community and helps to maintain the social networks and linkages between families 4 and clans in the project area. It is also the main bridge that ensures that the road is passable all year round hence significant in enhancing trade and movement of goods and services. The detailed design of the project includes re-alignment of the road to a higher ground to avoid flooding and construction of a new bridge. 7. Attitudes to the Project Despite the concerns raised during the consultation process, the vulnerable groups have appeared supportive of the Project, participating in the consultation process through attendance at meetings and responding to the various surveys. However, there has been an underlying concern around the fact that this being a GOK project, they may never be compensated for losses, especially cultural ones. This is an anxiety and fear that was common in all the consultations held with the Duruma. 8. HIV/AIDS and other Sexually Transmitted Diseases With the in-migration of workers and others seeking employment in the Project area, of particular concern is the potential increase in the spread of STDs, and particularly HIV/AIDS. HIV/AIDS/STD prevention and control will necessitate a continual program of prevention by the Project. Apart from the Government's policy and programmes of action, interventions are being implemented by many organizations in the country. The project can draw on such expertise and apply what is appropriate to its own HIV/AIDS/STD policy and strategy. Indigenous groups can be involved in formulation, implementation and monitoring of such. 9. Gender Equality and Participation In order to ensure the equal distribution of Project benefits to women, and to safeguard ' the rights of women in all aspects of the Project, women's participation will be secured: • The sustainable livelihoods sub component of the Kwale Development Program component will have an appointed gender specialist. Mechanisms will be put in place to ensure gender equality. This includes creation of employment opportunities, training and support, and providing a platform for women to participate in Project-related structures and activities through the same subcomponent. • A gender task group under Sustainable Livelihood subcomponent will be established by Kwale project implementation unit, which includes affected women, will discuss, investigate and recommend on women's issues. All these activities are budgeted under that sub component. This task group will be set up by Kwale County Government and representatives will be nominated in the task force based on recommendations from their respective organizations. • In addition, all Project-related monitoring and evaluation activities and structures will ensure application of, and compliance with, gender-related issues, with particular reference to vulnerable groups and reporting will be gender sensitive and gender-based. 5 1.6 MITIGATION AND DEVELOPMENT MEASURES 1. Traditional Shrines, Graves and Caves There was broad community support for this project with a clear condition that the affected Kayas must be relocated in and following the traditional systems and ways of conducting the process. Kaya Elders will oversee the process of re-locating the Kayas but would need compensation mainly resources to obtain bulls that would be slaughtered in order to appease the spirits who would be disturbed because of the relocation. A full ceremony for relocating the shrines will be conducted prior to commencement of any activity. All the affected caves (4 in number) used as worship sites have been identified during the RAP census survey conducted in March-April 2014. All caves identified as affected, would be relocated using the Duruma cultural practices and procedures. The council of elders will lead in the process of relocation, which is a ceremony with rituals and participation of the entire community. The Kaya and Duruma Elders as part of their tradition will identify the new traditional shrines and caves and will communicate the same to the community members who will then begin using the new shrines following the declaration by the Duruma Council of Elders. This has been budgeted and details are in the main text. All the affected graves/burial sites have been identified during the RAP census survey conducted in March-April 2014. All graves/burial sites affected will be relocated using the Duruma cultural practices and procedures. The Duruma Council of Elders will lead in the process of relocation, which is a ceremony with rituals and participation of the affected households. All families whose dead will be disturbed will be compensated (monetary-already budgeted see details in main text) for the disturbances and emotional strife, and the project will meet all the costs related to relocation of the graves including those associated with rituals and ceremonial processes. New burial sites will be located within the land acquired by the families during resettlement. 2. Socio-Cultural Bonds Like other Kenyan tribes today, Durumas have assimilated to modem cultural practices, resulting in the disappearance of many of their traditional customs. However, the project has ensured that all those families/homesteads that will be displaced will be resettled within their clan in order to retain membership and ensure continuation of cultural and clan based linkages. Affected households who were interviewed during the process of preparing the RAP and VMGP indicated that they have several family members within their clans who reside in the different villages in the project area. They indicated that they have already consulted with their clansmen from these villages who are ready to give them resettlement land in order to maintain their cultural ties and familial linkages but for as long as there is compensation for land. These affected households indicated that they are only waiting for the compensation money in order to move after purchasing the land from their 6 clansmen. The Duruma Council of Elders will confirm and ensure that all affected households are settled within their respective clans in the area. Physical Displacement Full, informed and prior consultations were conducted with the Duruma community, the main affected VM groups, and they gave their broad support to the project. All affected land will be compensated in accordance with OP. 4.12 as a measure for impacts associated with land acquisition since all those affected by the RAP are Duruma. The Government of Kenya will provide funds tbr all compensation activities, which will occur before commencement of project works. 1.7 FRAMEWORK FOR FREE PRIOR AND INFORMED CONSULTATION In addition to prior, free, and informed consultation during the preparation, a framework for free prior and informed consultation for implementing this VMGP has been designed in a consultative manner and following the guidelines for free, prior and informed consultation set forth by OP. 4.10. The framework has also been prepared in line with the Constitution of Kenya (201 0) specifically those tenets focusing on public participation. Consultations with the vulnerable and marginalized groups (only Duruma in the project area) will be carried out through culturally appropriate processes they have identified (details in the main text), organizations and institutions, e.g., Duruma Council of Elders and Kaya Elders. The Duruma will have the right to _participate through representatives' chosen by themselves in accordance with their own procedures and decision-making institutions and consultations will also take into account the issues of gender. 1.8 GRIEVANCE REDRESS MECHANISM Effective implementation of Project-related developments will require the placement of a formal grievance management system on a Project level, and access by stakeholders to national and international institutions. Traditional and National Procedures The vulnerable groups do not have a judicial system operating separately from formal government structures. However, existing traditional judicial systems will take up localized grievances and disputes relating to the project, where appropriate. A two tier grievance redress mechanism has been proposed with the first tier (preferred) being the use of the Dururna Council of Elders (traditional system for dispute resolution); and the second tier is the formal judicial system which is not preferred and only recommended when alternative dispute resolution mechanism fails. Mechanisms and steps for bringing complaints to the Project for consideration and redress have been detailed in this report. 1.9 MONITORING AND EVALUATION The M&E Section will be initiated at an early stage to undertake preparatory activities for the implementation of the monitoring and evaluation programme, including: • Early training/capacity- building to prepare communities for participation in the programme. 7 • The establishment of a monitoring management system, incorporating a monitoring database that is linked to existing databases. The overall aim of the programme will be to measure the extent to which the goals of the Vulnerable and Marginalized Groups Plan have been achieved. In order to do this, indicators and targets will be established including specific indicators developed. Performance Monitoring Using input/output indicators, progress with relocation and compensation of cultural sites (graves, caves, shrines) livelihood restoration etc. will be measured against scheduled actions and performance milestone by the M&E Section, together with relevant organizational structure. Impact Monitoring Impact monitoring will focus on the effectiveness of restoration of cultural resources, livelihood restoration measures, the identification of constraints, and recommendations for any corrective measures. While internal monitoring reports will be a source of information, the generation of new data will be required to compare against pre displacement (baseline) conditions, occurring at two levels: • Standardized (quantitative) monitoring of households and businesses; using survey instruments, the socio-economic status of the vulnerable groups will be tracked and measured against baseline data collected during the preparation of the VMGP and RAP prior to resettlement. Baseline data from SA and RAP will therefore form the basis to which monitoring of impact will be measured. • Participatory (qualitative) Monitoring and Evaluation (PME) of groups/communities: A community-based PME programme will be implemented whereby vulnerable groups will be assisted in developing their own criteria for acceptable standards of living; assessing their pre-project (baseline) standard of living based on their own criteria; monitoring their progress towards recovering their pre-project standard of living; evaluating the effectiveness of mitigation measures; and developing and communicating their own solutions to outstanding problems. External agencies will be appointed to conduct these monitoring exercises, coordinated by the M&E Section of proponent. Completion Audit At the end of the VMGP activities, a completion audit will be undertaken by an independent agency to verify that activities have been undertaken in compliance with the VMGP. 1.10 COST ESTIMATES As a Project-affected group, capital and operating costs relating to vulnerable groups are mainly covered in the overall resettlement budget in the Resettlement Plan. Particular 8 additional costs relate to vulnerable groups, over and above these costs are however factored and outlined in this VMGP. Capital costs comprising compensation paid for loss of land, standing crops and trees, for structures and other fixed assets and for other entitlements such as displacement allowances etc. Operation costs comprising costs for payment of salaries for CDA/PIU, for support to Kwale County Government, provincial administration, resettlement committees, for monitoring and evaluation etc. The estimate for the cost of the VMGP is about USD 1,530,000. 9 ACRONYMS AND ABBREVIATIONS ADR Alternative Dispute Resolution AFD French Development Agency AIDS Acquired Immune Deficiency Syndrome CBO Community Based Organization CDA Coast Development Authority CDD Community Driven Development CIDP County Integrated Development Plan COK Constitution of Kenya CWSB Coast Water Services Board DLSAO District Land Adjudication and Settlement Officer ESIA Environment and Social Impact Assessment ESMP Environment and Social Management Plan FGD Focus Group Discussions FGHM Feedback, Grievance Handling Mechanism GM Grievance Mechanism GOK Government of Kenya HIV/AIDs Human Immuno Deficiency Virus HVCs High Value Crops IDS Irrigation Demonstration Scheme IPPF Indigenous Peoples Policy Framework IPMP · Integrated Pest Management Plan IWUA Irrigation Water Users Association KARl Kenya Agricultural Research Institute KCDP Kenya Coastal Development Project KFS Kenya Forest Service KNBS Kenya National Bureau of Statistics KWAWASCO Kwale Water and Sewerage Company MDGs Millennium Development Goals MEWNR Ministry of Water and Natural Resources NGOs Non-Governmental Organizations NLC National Land Commission NT National Treasury PIU Project Implementation Unit PMU Project Management Unit RAP Resettlement Action Plan RPF Resettlement Policy Framework SA Social Assessment VMGP Vulnerable and Marginalized Groups Plan WaS SIP Water Sanitation Service Improvement Project WRAMA Water Resources Management Authority WRUAs Water Resources Users Associations WSCRP Water Security Climate Resilience /Coastal Region WSP Water and Sanitation Program 10 TABLE OF CONTENT EXECUTIVE SUMMARY .......................................................................................................................l 1.1 Introduction and Background to Project ..................................................................................... 1 1.1.1 Background Overview ...................................................................................................................... 1 1.2 Methodology ..................................................................... ,............................................................. 1 1.3 Legal and Policy Framework ........................................................................................................ 1 1.3.1 National ............................................................................................................................................ 2 1.4 Vulnerable and Marginalized Groups in Project Area ............................................................. 2 1.4.1 Socio-Economic Characteristics of the Duruma ............................................................................... 2 1.5 Key Impacts on Vulnerable Groups ............................................................................................ 3 1.5.1 Key Impacts and Benefits .................................................................................................................. 3 1.5.2 Summary of Results of Free Prior Informed Consultation ............................................................... 3 1.6 Mitigation and Development Measures ..................................................................................... 6 1.7 Framework For Free Prior And Informed Consultation .......................................................... 7 1.8 Grievance Redress Mechanism .................................................................................................... 7 1.9 Monitoring and Evaluation .......................................................................................................... 7 1.10 Cost Estimates ................................................................................................................................ 8 ACRONYMS AND ABBREVIATIONS ............................................................................................lO TABLE OF CONTENT ..........................................................................................................................ll Table of Figures ......................................................................................................................................... 12 2 Introduction and Summary of Social Assessment ............................................... 13 2.1 Background Information ............................................................................................................. 13 2.1.1 TheProject ...................................................................................................................................... 13 2.1.2 Project Components ........................................................................................................................ 13 2.1.3 Legal and Institutional Framework ................................................................................................ 14 2.1.4 Vulnerable and Marginalized Groups in Project Area ................................................................... 15 2.1.5 Characteristics ofDuruma Community ......................................................................................... 16 3 Summary of Results of Free Prior and Informed Consultation ...................... 23 3.1 Objectives ...................................................................................................................................... 23 3.1.1 Free Prior and Informed Consultation was conducted in the following manner: ........................... 23 3.1.2 Results Of Free Prior and Informed Consultation .......................................................................... 27 3.1.3 Consultations in Context ofSA/VMGP Disclosure ....................................................................... 36 3.1.4 Consultation During Implementation ............................................................................................ 36 4 Framework For Ensuring Free, Prior, and Informed Consultation ............... 37 4.1 Introduction .................................................................................................................................. 37 4.1.1 Cost of Information Dissemination and Consultation .................................................................... 37 4.1.2 Information Dissemination Timeframe ........................................................................................... 37 4.1.3 Proposed Communication Channels ............................................................................................... 38 4.1.4 Methods of Communication/Information Dissemination/Consultation ......................................... 38 4.1.5 Documentation ............................................................................................................................... 39 5 Action Plan For Ensuring Socio-Economic Benefits ...........................................40 5.1 Development Objective of Mwache Multipurpose Dam Project ........................................... 40 5.1.1 Kwale County Development Support ............................................................................................ .41 5.1.2 Sustainable Livelihoods Improvement ............................................................................................ 42 5.1.3 Irrigation Development Scheme ...................................................................................................... 42 5.1.4 Strengthening Social Inclusion and stakeholder participation ...................................................... .43 6 POTENTIAL ADVERSE EFFECTS ON VULNERABLE GROUPS ........................ 44 6.1 Loss of Kayas-Traditional Worship Shrines ............................................................................. 44 6.1.1 Mitigation Measure(s) .................................................................................................................... 44 6.2 Loss of Spiritual Worship Caves on River Mwache ............................................................... .45 11 6.2.1 Mitigation ....................................................................................................................................... 45 6.3 Loss graves/burial sites .............................................................................................................. 46 6.3.1 Mitigation Measure(s) .................................................................................................................... 46 6.4 Loss of Land/ displacement ........................................................................................................ 46 6.4.1 Mitigation Measure(s) .................................................................................................................... 46 6.5 Disruption of Family Set up/weakening of social bonds ....................................................... 47 6.5.1 Mitigation Measure(s) .................................................................................................................... 47 6.6 Disruption of Clan/Social Linkages .......................................................................................... 4? 6.6.1 Mitigation Measure(s) .................................................................................................................... 48 6.7 In-Migration .................................................................................................................................. 48 6.7.1 Mitigation Measure (s) .................................................................................................................... 48 6.8 Loss of Access to Resources-Fisheries and Pasture ................................................................. 49 6.8.1 Mitigation Measure(s) .................................................................................................................... 49 6.9 Women and children ................................................................................................................... 49 6.9.1 Mitigation Measure(s) .................................................................................................................... 49 6.10 Loss of Infrastructure and Networks ............................. ,.......................................................... 50 6.10.1 Mitigation Measure(s) ................................................................................................................. 50 6.11 Management of Other Social Risks ............................................................................................ 50 7 COST ESTIMATES AND FINANCING PLAN FOR THE VMGP ............................ 54 8 FEEDBACK AND GRIEVANCE REDRESS MECHANISM ....................................... 56 8.1.1 General Principles and Key Aspects ......................................................................................... ,..... 56 8.1.2 Grievance Registration and Monitoring ......................................................................................... 57 8.1.3 First Level: Duruma Council of Elders .......................................................................................... 57 8.1.4 Second Level: Resort to the Justice system ..................................................................................... 63 9 MONITORING AND EVALUATION .................................................................................. 64 9.1 Overview ....................................................................................................................................... 64 9.1.1 OBJECTIVES OF MONITORING ............................................................................................... 64 9.1.2 M&E APPROACH ...................................................................................................................... .-. 65 9.1.3 INTERNAL MONITORING ......................................................................................................... 65 10 ANNEX: .......................................................................................................................................70 10.1 ANNEX 1. MINUTES OF MEETINGS WITH VULNERABLE AND MARGINALIZED GROUPS ...................................................................................................................................................... 70 10.2 ANNEX 2. PHOTOGRAPHS ...................................................................................................... 89 10.3 ANNEX 3. LIST OF PARTICIPANTS ........................................................................................ 94 10.4 ANNEX 4. MAPS OF PROJECT AREA ..................................................................................... 95 TABLE OF FIGURES Figure 1 Photo of Kaya Mtswakara .......................................................................................................... 21 Figure 2 general process steps in the grievance mechanism ................................................................ 60 Figure 3 Complaint fast track points ....................................................................................................... 62 Figure 4 Map of Project Area Location (Source: CES) ........................................................................... 95 Figure 5 Demonstration Irrigation Site Map (Source: CES) .................................................................. 96 Figure 6 Detailed Project Area map (Source: CES) ................................................................................ 97 12 2 INTRODUCTION AND SUMMARY OF SOCIAL ASSESSMENT 2.1 BACKGROUND INFORMATION This chapter provides a summary of the information existing in the Social Assessment (SA), para 2 (a) and (b) in accordance with OP. 4.10. The summary includes a review on project scale, legal and institutional framework applicable to vulnerable and marginalized groups in Kenya as well as baseline information on characteristics of the vulnerable groups. The baseline information includes demographics, social, cultural characteristics including land and territories traditionally owned or occupied and inherent natural resources. 2.1.1 The Project The Water Security and Climate Resilience in the Coastal Region herein referred to as "the Project" is centred around the Mwache Multipurpose Dam and related water supply and irrigation components. The Project was identified as a priority project in Vision 2030 and is included in the Water Supply Master Plan for Coast/Mombasa prepared for the Coast Water Services Board (CWSB) with funding from the World Bank/French Development Agency (AFD) Water and Sanitation Service Improvement Project (WaS SIP). 2.1.2 Project Components Component 1: Mwache Dam and Related Infrastructure The scope for Component 1 of the project is: 1. Construction of Mwache Dam, which is ultimately expected to provide 186,000 m3/day (67.9 MCM/year) of urban water supply to Mombasa County and Kwale Counties. The Dam is a key source of water for Mombasa, as per the Water Supply Master Plan for Mombasa and Other Towns within the Coast Province. 11. Catchment management activities in the Mwache watershed area, to ensure the long-term sustainability of the dam Component 2: Kwale County Development Support 1. Water supply and sanitation investments in Kwale County, where the dam is located, to extend project benefits to the County as the dam is constructed 11. Livelihoods activities in the Mwache watershed area that is located in Kwale County, to support benefit-sharing and sustainable livelihoods for communities 111. An irrigation demonstration project, to explore the viability of developing a large- scale (2,500 ha) irrigation scheme near the area of the dam, in Kwale County. The proposed Project was identified by the Government as a flagship project under the Kenya Vision 2030 mission and also as a necessary facility to provide water for domestic and sanitation purposes including irrigation for Kwale County and at the same time supplement water supply for Mombasa County. Feasibility studies covering the project area have established that water is a priority to all the residents in Kwale and Mombasa Counties in terms of livelihoods and social/economic requirements. 13 2.1.3 Legal and Institutional Framework The Vulnerable and Marginalized Groups Plan (VMGP) for this project has been prepared in compliance with the requirements of the relevant national legislation of the Republic of Kenya, as well as the World Bank Indigenous Peoples Policy (OP 4.1 0) and the already prepared Indigenous Peoples Policy Framework (IPPF) for the KWSCRP. The World Bank Group is the potential lender for the project. 2.1.3.1 National While the Constitution of Kenya (COK, 201 0), does not specifically use the term IP, it is nevertheless quite rich in articles that define vulnerability and marginalization, including issues that VMGs cite as the reasons for their self-identification. It also addresses social exclusion in general. Most important, the Constitution now underscores measures for mitigating social exclusion, vulnerability and marginalization by specifically providing for affirmative action as a strategy for facilitating and fast tracking inclusion of the hither to groups who felt excluded for the mainstream economic and political processes of the country. In line with the recognition of marginalized groups by the COK, 2010, Article 260 ofthe Constitution defines a "marginalized community" as: (a) a community that, because of its relatively small population or for any other reason, has been unable to fully participate in the integrated social and economic life of Kenya as a whole;(b) a traditional community that, out of a need or desire to preserve its unique culture and identity from assimilation, has remained outside the integrated social and economic life of Kenya as a whole;(c) an indigenous community that has retained and maintained a traditional lifestyle and livelihood based on a hunter or gatherer economy; or (d) pastoral persons and communities, whether they are (i) nomadic; or (ii) a settled community that, because of its relative geographic isolation, has experienced only marginal participation in the integrated social and economic life of Kenya as a whole 1 • Similarly, the COK, 2010, defines 'marginalized group' as: a group of people who, because of laws or practices, on, or after the effective date, were or are disadvantaged by discrimination on one or more of the grounds in Article 27 (4) which prohibits discrimination on the basis of ethnic or social origin, religion, conscience, belief, culture, dress or language. In addition, article 27(6) calls on the state to undertake, 'legislative and other measures, including affirmative action programmes and policies designed to redress any disadvantage suffered by individuals or groups because of past discrimination'. This article prohibits both direct and indirect discrimination. Articles 56 and 260 ofthe Constitution are a clear demonstration of the intentions ofthe country to deal with the concerns of minority and marginalized groups: The definition of marginalized communities and groups by the COK, 2010, and the provisions for affirmative action programmes for minority and marginalized groups are efforts to clearly provide a legal framework for the inclusion of minority and marginalized groups into mainstream development of the country. These articles present the minority and 1 Ditto 14 marginalized groups including groups that fit the OP 4.10 criteria as a unique category of certain segments of the Kenyan population that deserve special attention in order to bring them to per with the rest of the country. The Constitution of Kenya requires the State to address the needs of vulnerable groups, including "minority or marginalized" and "particular ethnic, religious or cultural communities" (Article 21.3): The Specific provisions of the Constitution include: affirmative action programs and policies for minorities and marginalized groups (Articles 27.6 and 56); rights of "cultural or linguistic" communities to maintain their culture and language (Articles 7, 44.2 and 56); protection of community land, including land that is "lawfully held, managed or used by specific communities as community forests, grazing areas or shrines," and "ancestral lands and lands traditionally occupied by hunter-gatherer communities" (Article 63); promotion of representation in Parliament of" ... (d) ethnic and other minorities; and (e) marginalized communities" (Article 100); and an equalization fund to provide basic services to marginalized areas (Article 204). Other Constitutional provisions that protect the right of Kenyan, including marginalized groups: Abraham (2012) further specifies the relevant articles in the 2010 Constitution that are meant to protect the rights of Kenyans either as an individual or groups; for example:(i) Article 22, the enforcement of the bill of rights, accords every individual the right to institute court proceedings: (ii). Article 22(2)(b) allow a person to institute proceedings either as a member of or in the interest of a group or class of persons; and, Article 22(2)( c) allows for proceedings by persons acting in the public interest (Abraham, 2012:20). 2.1.3.2 International World Bank's OP. 4.10 recognizes that "the distinct identities and cultures of VMGs remained inextricably linked to the lands they inhabited and the natural resources they depended upon to survive". The policy thus established processing requirements for VMGs that include: (i) screening, (ii) social assessment, in consultations with communities involved, (iii) preparation of Indigenous Peoples Plan (IPP) or Indigenous Peoples Planning Framework (IPPF) and, (iv) disclosure. It also requires the borrower to seek broad community support of VMGs through a process of free, prior and informed consultation before deciding to develop any project that targets or affects VMGs. 2.1.4 Vulnerable and Marginalized Groups in Project Area The Duruma are the ethnic group that is present in the project area and as a matter of fact it is the only ethnic group. They are part of the larger Mijikenda tribe. In essence the whole population is therefore categorized as vulnerable and there is no other group within the Duruma in the area that is distinct in nature and in regard to culture and traditional norms. The Durumas are categorized as marginalized and vulnerable as a result of screening that was conducted in accordance with OP. 4.10. The constitution of Kenya (COK 2010) has also categorized Kwale County as a vulnerable and marginalized County. 15 2.1.5 Characteristics of Duruma Community 2.1.5.1 Location The Mwache Multipurpose Dam project is located in Fulugani and Miyani areas of Kasemeni Division of Kinango District. The northern areas of Mwache river stream falls in Mazeras sub-location and Kasemeni location while the southern side is in Rombo Location and Kinguluni location while the upstream zones are in Mwatate location of the same Division. The catchments, however, extends far to the west, northwest and southwest. The location coincides with 3o 59' 12"S and 39o 31' 07"N on a straight stretch of the river before discharging into the ocean via Mwache Forest. The location is off Mazeras about 22km from the City of Mombasa bordering the Indian Ocean to the east at approximately IOkm from the main Mombasa- Nairobi highway. The Table below presents the administrative areas of Kinango District: T a ble 2 : P roJec . . t ra f 1ve L oca f Ion Det a1"I s . t Ad miDIS Division # Name of locations Number Area Locations of Sub (Km) locations Kinango 3 Kinango, Puma, Vigurungani 6 1060.8 Ndavaya 1 Ndavaya 4 555.9 Kasemeni 5 Kasemeni, Mwatate, Mwavumbo, Mtaa and Gandini 13 562 Samburu 5 Samburu, Taru, Chengoni, McKinnon Road, 5 1803.2 Makamini Total 14 28 4011.7 2.1.5.2 Demographics in Project Affected Division The population ofKasemeni division (project site) is predominantly rural in character and the main economic activity of the area is subsistence farming. According to the 2009 Population Census (KNBS) Kasemeni division had a population of 78,859 comprising of 12,902 households. Kasemeni division is an administrative unit within Kinango district and the proposed Dam Project falls within the areas of Mazeras, Chigato and Mnyenzeni sub-locations. The administrative setting of the division and the population (2009) distribution is as shown in Table 3 below: 2.1.5.3 Economics The economy is mainly dependent on farming for domestic needs, with a few other limited forms of formal employment. The non-farm activities include sand harvesting for sale outside particularly in Mazeras town, quarrying of building stone at the river bed of 16 River Mwache, fabrication of roofing materials (makuti) for local use and export and limited fishing in River Mwache. Large part of the administrative area is rural with the dominant activity being subsistence farming that is entirely dependent on the rainy season. The project area is suitable for mixed farming including livestock farming and the livelihood restoration program is proposing initiatives aligned towards crop and livestock production as seen in chapter for livelihood restoration. The prevailing farming system is mixed farming system (crops and livestock) based on family labour on small plots, using traditional tools (hoe and machetes). Agricultural production is essentially by smallholder farmers who cultivate on average 1.41ha of land with simple farm implements and very low inputs use, growing traditional food crops primarily for self-consumption and secondarily for marketing, and keep small numbers of livestock. Production is characterized by organic system and involves the combination of food, fodder and tree crops. Some of the VGs engage in fishing as a primary activity especially during low agricultural seasons as a supplement to their livelihood. The youth also exploit sand from the riverbeds as well as mining of stones as a source of income with the construction industry in Mombasa providing a suitable market for these building materials. 2.1.5.4 Land Tenure Land tenure is a mixture of formal, customary and group ranch. Formal tenure corresponds to land that was allocated by the government via a legal title. There is no standard size for formally allocated plots. Land in the area is not fully registered to individual ownership and part of the affected land is still a Trust Land under Kwale County as part of the larger Mijikenda Trust Land. The process of adjudicating land rights for individual ownership is going on and so far, an area list has been prepared by the Kinango District Land Adjudication and Settlement Officer (DLASO), but not finalized. Land ownership in the project area is clan based and this influences the settlement trends. More recently, there has been a large effort to sanction customary occupation by a formal, registered title and corresponding cadastral mapping. 2.1.5.5 Culture Durumas are one of the nine tribes of Mijikenda. All of the nine are sometimes called by the name of the largest and most northern tribe of Mijikenda, the Giriama, who live near the coastal city of Malindi. Language The Duruma are very close in language and culture to the Rabai, another ofthe Mijikenda peoples living west of Mombasa. The languages of the Mijikenda are close to the major Bantu language ofthe East African coast, Swahili. Most Duruma are bilingual in Swahili. Linguists classify the languages of the Duruma and the Rabai as two dialects of one language. Some Duruma also speak Digo. Customs The Duruma largely maintain their traditional family-village farming and herding life. But they may also be found as fishers and shopkeepers. Some are successful business people. The Duruma differ from other Mijikenda by maintaining a dual descent system: 17 both matrilineal and patrilineal. While the Digo to the east are matrilineal, the northern six Mijikenda groups are patrilineal. Until recently, the Duruma observed with other Mijikenda a practice of age-sets of four years in which generational circumcision was observed as an initiation into adulthood. Religion The Duruma have some influence from their Muslim neighbors the Swahili, but are primarily traditional. Islam is weakening among the Duruma. The only madrassa (Muslim Quranic school) is in the Kinango-project area-where there is the only largest mosque. There are a few mud and stick mosques. To the south of Mombasa and inland, the Digo, another Mijikenda tribe by contrast, are strongly Muslim. Prominent in the Duruma-Rabai area are the Anglicans, Methodists, Baptists and Pentecostals. Most do not work exclusively with the Duruma. · Although Most Mijikenda today profess monotheistic Christianity or Islam, the traditional Mijikenda religion was a combination of monotheism in which a supreme being and creator, Mulungu, was worshipped, and a strong belief in the influence of ancestral and other spirits in people's daily lives. Many Mijikenda today have not completely abandoned this view. Traditional Worship Shrines (Kayas) The Duruma have traditional shrines for worship and rituals known as Kayas. Kayas are active ritual sites even today and in Kwale County and specifically in the project area, there exists Kaya Mtswakara, which is still important for the unity and identity of the community. Initiated Kaya Elders conduct ceremonies for various purposes including: • Prayers for rain in time of drought or famine - Kulomba vula • The cleansing of the land. • Prayers of thanksgiving and blessing of the harvest - Kutohola • Prayers for the good health of the communities- Sadaka ya Mudzi • Resolution of clan and family disputes • Divination and healing for individual members of the community Overview of and Summary of Kaya Forests The Duruma Sacred Kay a forests are an outstanding and unique African example of how the collective attitudes and beliefs of a rural society have shaped or sculpted a landscape over time in response to prevailing needs. Kayas are residual patches (from ten to two hundred hectares) of diverse lowland forests. They contain the traces of historic fortified settlements of the Mijikenda ancestors, which serve as a focus of cultural and ritual activities continuing on the sites today. In a unique way, the intangible aspects of Mijikenda heritage are supported by physical cultural features of the kayas including paths, gate sites, burial grounds, settlement sites, ritual grounds etc. representing the material embodiment of their world view and traditional belief systems. Mythical I Historical Origins The Kayas would seem to owe their existence to the beliefs, culture, and history of the nine coastal Mijikenda ethnic groups. These are: the Giriama, Digo, Duruma, Rabai, Kauma, Ribe, Jibana, Kambe, and Chonyi. According to their oral traditions the forests 18 historically sheltered small fortified villages of the various groups when they first appeared in the region ten generations or more ago ('Kaya' means homestead). They took refuge in the forest settlements from the onslaught of nomadic tribes such as the Orma or Galla, who had driven them from their former settlements north of Tana, in what today is Somalia. Cutting of trees and destruction of vegetation around these sites was prohibited in an attempt to preserve the surrounding "Kaya forest" as a screen or buffering environment for the Kaya clearings. While the surrounding areas were gradually converted to farmland, the Kaya sites remained on the coastal landscape as forest patches of varying size and ritual significance. Traditional Protection Systems Used in the Kayas The most important part of the Kaya forest traditionally was the Kaya itself, the central clearing; in a metaphorical and literal historical sense, the "home" of the community. This tended to be set at the centre of the forest. The Kaya was approached from only a few well-trodden and defined paths. It was unlucky to use any other route. Historically, use of any other trail but these paths and gates signified bad faith and enmity, and was met with hostility from the inhabitants of the Kay a. At a secret spot near the central clearing the Fingo is buried, a powerful protective talisman of the tribe which came from their original home in the north. Burial sites were also associated with the central clearing, where generations of villagers were buried: their spirits still reside here. The graves of great leaders were kept somewhat apart and are also treated as shrines. Certain old trees and unusual landforms such as caves also have ritual importance. As mentioned earlier, the Kaya Elders strictly forbade cutting of trees and other activities that could potentially cause damage to the forest around the Kaya and sacred spots. This included collecting or removing dead logs or twigs or any other forest material. One kept to the traditional paths and avoided wandering freely in the forest - trampling vegetation and disturbing secret sites - and grazing livestock in the forest was forbidden. Uncommon animals, particularly large snakes, were to be left alone if encountered. Any structures built for ritual purposes used materials from the Kaya forest. In addition to these restrictions on physical interactions at the site, there were behavioral controls as well; designed to maintain the tranquility of the Kaya. They emphasized decorum and respect as well as control of physical and emotional passions. Blood was not to be shed within the Kaya under any circumstances. However, all members of the Kaya community, including women, were entitled to visit the site if they so wished, as well as using the site under the Elders' guidance for ritual and ceremonial purposes. The penalty for infringement varied depending on the magnitude of the transgression, but it usually consisted of fines of livestock or fowl, which were then sacrificed to appease offended spirits. If the offence was committed secretly, it was believed it would come to light sooner or later when attempts were made by healers to investigate the root cause of 19 an illness or other misfortune, which would surely befall the culprit. In such a case, he or she might, out of guilt, be persuaded to make a full confession. These "spiritually policed" regulations regarding acceptable and profane behaviour within the Kaya sanctuary relating to physical disturbance of the sites, including cuttfng and removal of forest material, have proven valuable in terms of conservation, as they preserved the forest vegetation of these sites. However, traditional systems of protection of sacred sites rely heavily on the presence of a homogenous ethnic or cultural community sharing similar values and experiences, on a strong shared belief in the spirit world and its pervasive influence in people's lives, and on a common acceptance of religious and cultural authority figures associated with the sites. According to the Elders various kinds of ceremonies are still performed in Kaya today. For example all prayers for rain, harvests, and others for general well-being in the community, must start in Kaya Mtswakara before proceeding in the other kayas such as Gandini, Chonyi, Puma etc. People also go to Kaya Mtswakara led by a spiritual leader to pray for the good health for their animals, bright children, relief from ailments etc. Everyone going to the Kaya must offer sacrifices of cows, goats or chickens, food or other items (Matano, 2007). Anyone going to consult the spirits must refrain from sleeping with their spouses for four days before entering the Kaya and again for four days after the rituals. Contravention of this taboo may result in death. When a chicken is used as a sacrifice, it is strangled with the hands and a knife is never used. The' Mwanatsi' (spiritual leader) leading the ritual wears a black loin-cloth around his waist and wears a white cloth on his head. These customs are strictly followed to the present day (Matano, 2007). 20 Figure 1 Photo of Kaya Mtswakara Family Set-Up (Clanism) The Duruma culture revolves around clans and age-sets. A clan consists of several family groups with a common patriarchal ancestor. Traditionally, each clan lived in one fortified village built in a cleared area of the forested ridges. A person's age-set determined their role and social standing within the clan and elaborate rituals were often held for members graduating from one age-set to another. Each clan had their own sacred place known as kaya, a shrine for prayer, sacrifices and other religious rituals. These kayas were located deep in the forests and it was considered taboo to cut the trees and vegetation around them. The kay a elders, often members of the oldest age-set, were deemed to posses supernatural powers including the ability to make ram. All homesteads are members of one of 14 clans. Clan membership is determined by birth and not subject to change; the bride joins the husband's clan if differs from hers. Marriage within homesteads is discouraged but most marriages are within the 14 clans. Each family unit is affiliated with one of the 14 clans. Males take care of families and they control the farming. Males also hunt wild animals and herd their domestic animals (i.e. cattle, sheep, goats and chickens). Boys help with this. Women do all household work assisted by girls and also do a great deal of the farming. The clan traditionally 21 owned land and not individuals however; this has since changed with land being owned by individuals in certain areas in the project area. The sons inherit land from their fathers including any goods or money they may have. Daughters do not receive any part of the inheritance. Social Networks and Bonds The Duruma have extensive social networks, comprised of extended family and community groups. Others, due to extensive trade networks and migration of family members, have relatively large, complex and far-flung networks. Within the villages, neighbors and community members provide social support but social ties to extended family members (whether within the village or in other villages) are perhaps stronger. Men in the communities near the project typically dominate formal settings such as community and organization meetings. Men also typically represent families in business dealings. Identification of women's issues, concerns and aspirations generally requires a specific initiative. Like other Kenyan tribes today, Durumas have assimilated to modem cultural practices, resulting in the disappearance of many of their traditional customs. Prayer Shrines/Caves along Mwache River Bed The Duruma also have other traditional caves along the river Mwache where individuals use as shrines for prayers just like the Kayas. 2.1.5.6 Gender The majority of Duruma community still holds to the traditional misconception that women cannot make decisions and thus women are under-represented in property ownership, education, and political leadership among others. This situation is the outcome of the interplay of a myriad of factors ranging from discriminatory property ownership laws and practices to deep seated cultural biases that consign the female gender to subordinate status in the local communities. The social mobilization process in the project area, has enforced gender inequalities where the women and the girl child is only seen as a factor of production and is less favored when it comes to opportunities for advancement such as education, land ownership and economic development. 2.1.5.7 Natural Resources The County of Kwale has a number of natural resources and include among others: • Rivers including Mwache, Ramisi, Marere, Pemba, Umba, Mkurumuji, and Mwachema • Forests include Shimba Hills, Mwaluganje Elephant Sanctuary and Shima Hills National Reserve 22 3 SUMMARY OF RESULTS OF FREE PRIOR AND INFORMED CONSULTATION This chapter highlights the summary of results of the free, prior, and informed consultation with vulnerable groups that was carried out during project preparation and that led to broad community support for the Mwache Multipurpose Dam Project. The summary of free prior and informed consultation has been structured according to the different categories of issues/comments/questions raised, e.g., if issues raised by stakeholders related to concerns about loss of grazing land or place of worship (kaya), it would have been categorized as" social adverse impacts." 3.1 OBJECTIVES The objectives of free, prior and informed consultations with the Duruma community also referred to as Vulnerable Group (VG) was to: 1) Inform affected the vulnerable peoples/Duruma about the proposed project; 2) To receive their full support for the project 3) Assess in a participatory manner the possible project benefits and adverse impacts; and 4) Agree on measures to enhance benefits or mitigate adverse impacts that will be incorporated into the project's design. 5) Confer with the VMGs at the outset on how they wish to be engaged 6) Understand and respect local entry protocols as they relate to permission to enter a community and access traditional lands 7) Ensure that all representatives of the WSCRP and executing partner agencies (including third party subcontractors and agents) are well briefed on local customs, history 8) Consult on who is best to represent the Duruma in decision making 3.1.1 Free Prior and Informed Consultation was conducted in the following manner: Initial Consultation with leaders/representatives of the vulnerable and marginalized groups with the objective of informing them about the project and get their opinions and broad support for the same. Even though FPIC entails free and voluntary consultation without any external manipulation, interference or coercion, in observing protocol, the consultants obtain authorizations from the Kwale County Government and National Administration to engage with the Duruma community and obtain their views, support and participation in defining the cultural impacts of the project and the most adequate mitigation measures to apply. This was also a particularly important step because failure to engage with the Kwale County Government would have led to difficulties in conducting the consultations in their jurisdiction. As a matter of protocol, activities cannot be conducted in any County in Kenya without the knowledge of the County Governments and even the National Government. 23 Consultation with the Vulnerable and Marginalized Groups: Consultations were held with the Duruma community members in the affected project areas with the facilitation and participation of the Duruma Council of Elders. The consultations were held in different sites via open houselbarazas or public meetings and prior to these meetings, all the Durumas were informed in advance of the objective of the meetings, the venue/location, time and stakeholders who would be present. The Duruma Council of Elders is the supreme institution that represents the cultural views and position of the Duruma community and oversees issues related to customs and traditions. They are the decision-making organ for the Duruma on all matters customs and traditions and therefore their involvement is absolute and critical. Prior to the open and public barazas/meetings with the Duruma, there was timely dissemination of information about the project and objective of the consultations. The Council of Elders, Kaya Elders and local administration were informed about the objective of the meeting and requested to disseminate the information to all affected villages prior to the consultations. Community deliberations/discussions amongst themselves Several targeted consultations, meetings and deliberations were held with the vulnerable groups through public barazas (open house meetings) that were organized by the following institutions that represent the Duruma community on aspects of culture and tradition; Box 1. Institutions Facilitating Consultation • Kaya Elders-Are the leaders and gatekeepers of traditional worship shrines found in the project area • Council of Elders-Are the decision makers for all aspects of culture, tradition and customs in Duruma • Kwale County Government-Participation is important as a result of their role of coordinating all activities in the County • Provincial Administration-Is a national government organ that has grass root presence and effective in mobilisation and dissemination of information via Chiefs and Assistant Chiefs 3.1.1.1 Gender Considerations The consultations also took into account the issues of gender. Specific consultations with women in the project-affected area were carried to ensure that their concerns are included in the project design and preparation. The Duruma community is highly patrilineal society where women and their views are generally not considered. Majority of Duruma still hold to the traditional misconception that women cannot make decisions and thus women are under-represented in property ownership, education, and political leadership among others. This situation is the outcome of the interplay of a myriad of factors ranging from discriminatory property ownership laws and practices to deep seated cultural biases that consign the female gender to subordinate status in the local communities. 24 3.1.1.2 Consultations/dialogues for additional information/clarification In all the consultative meetings held across 18 villages with the Duruma, almost all issues were deliberated and concluded with after the project proponent provided full clarification. However, the following issue required additional dialogue namely: • Compensation Cost for relocation of the 2 Kaya sites, worship caves and graves: During the consultation, once the Durumas understood that two of their worship shrines (kayas), 4 worship caves along the riverbeds of Mwache River and graves would be affected by the project, they demanded compensation for ceremonial processes and rituals which includes, among others, slaughtering a bull to appease the spirits and allow for relocation of the same to new sites. When asked the cost of compensation and procedure, the Council of Elders and Kaya Elders indicated that they would form a task force to draw the cost related to the ceremony, associated rituals including identification of new burial sites and shrines. The project would meet all the costs related to these activities. Kaya Elders will oversee the process of re-locating the Kayas, shrines and graves but would need compensation mainly in terms of resources (cash) to obtain bulls that would be slaughtered in order to appease the spirits during the relocation who would be disturbed. A full ceremony for relocating the shrines will be conducted prior to commencement of any activity. • Method for collective decision-making: During the consultations in each village, the Duruma were asked whether they support the project or otherwise. According to the Duruma culture, the Council of Elders including Kaya Elders wield great influence as representatives of the community on matters culture and tradition. All matters tradition and cultural including ceremonies and rituals are first reviewed by the Council of Elders who thereafter offer guidance to the community on the action and or direction to take based on the laid down traditions and culture. In almost all cases, the decision or advise of Council of Elders is supported by the entire community. 3.1.1.3 Broad Support For Project During all the consultative meetings with the Duruma, the Kay a Elders, Council of Elders and Local Administration were present. Decision-making was undertaken collectively in the following manner: • A community member raised an issue verbally in local Duruma language, which was then translated so that the consultants and project proponent could understand. • If the issue for instance touched on traditional worship sites or graves and concern over the impact, the Council of Elders were asked to make suggestions on how to avoid this impact and then if the project proponent accepted the proposed mitigation action, the community members present were requested to decide by acclamation whether they would support the project if the mitigation measure(s) 25 proposed are implemented. • In all cases, the community members broadly supported the project and its objectives but with conditions which mainly included addressing the adverse effects on cultural resources, customs and way of life by the project proponent prior to any construction works. • The results of the decision making process was therefore instant with only a few cases being deferred for instance where the Council of Elders and Kaya Elders requested for more time to determine the cost of relocation of graves and worship shrines and caves. April 8th Meeting with County Government ofKwa1e Kwa1e County Government Offices 2014 officials as part of protocol and communicate intentions and "'"'''.,"''""'" April 8th Meeting with Provincial Government officials as D.O 's Office at Kasemeni Division 2014 part of protocol and communicate intentions and April9 2014 Meeting with Area Assistant Chief where proposed Demonstration Irrigation area is situated. May 1 2014 Public meeting with Irrigation area potential Pemba Primary School PAPs & Stakeholders Public Consultation Meeting with Vulnerable May42014 Meeting with Dam Committee Members & Mwache Primary School Assistant Chiefs. . 'th V u Inera bie G roups m T a bie 5 C onsu Ita f IOD M eef mgs WI · An Aftiect ed v·n 1 ages Meeting with members of Fulugani Village April 12th 2014 Meeting with members of Mwachipa Village April14m2014 Meeting with members ofBokole Village April 15m 2014 Meeting with members ofMwache Village April 17th 20 14 Meeting with members of Chigomeni Village April 19m 2014 Meeting with members of Chigato Village April 19th 2014 Meeting with members of Chinguluni Village April21 st 2014 Meeting with members of Luweni Village April22"a 2014 Meeting with members ofMiyani Village April22 00 2014 Meeting with members of Mrabaini Village April 22"a 2014 Meeting with members ofMgandini Village April 22na 2014 Meeting with members ofMnyenzeni Village April22"a & 23ra 2014 Meeting with members ofMwashanga Village April 24th 2014 Meeting with members ofVikinduni Village April 24th 2014 Meeting with members of Changa Village April 24m 2014 26 Meeting with members of Mwatate Village April 25th 2014 Meeting with members ofNunguni Village April 26m 2014 Meeting with members of Pemba Village May 2na & 3ra 2014 3.1.1.4 Establishment of grievance mechanism A grievance mechanism and re-dress process was established for handling the issues related to customs, culture and tradition of the Duruma which could be affected as a result of the project. The grievance redress mechanism proposed is highlighted in detail in chapter 7 of this VMGP. 3.1.2 Results Of Free Prior and Informed Consultation Table 6 below is a summary of the results of free prior and informed consultations held in various villages. The table is categorized into issues, comment or concern of vulnerable group member, the source or venue of where the concerns were raised and the response provided by the consultants. The tables have been split into the following key topics for ease of reference • Concern in regard to vulnerable groups understanding the project • Concern in regard to vulnerable groups fears over project risks on their culture, customs and traditions • Concerns in regard to the social economic benefits to the vulnerable groups • Concerns in regard to public consultation and stakeholder integrity • Concern in regard to vulnerable groups understanding of implementing agencies • Vulnerable groups broad support to project 27 Table 6. Summary of Results of Free Prior and Informed Consultation 1,11 am concerned by the fact that as project beneficiaries and marginalized components: group, we do not yet fully understand the components of the Mwache Dam Project, it 1. Mwache Dam and Related Infrastructure keeps on changing and we keep hearing rumours 2. Kwale County Development Support which includes;-lrrigation-Demonstration Scheme 1OOHa and sustainable livelihood component 1.2 Will the Project provide electricity for Vulnerable Group Open House The Mwache Multipurpose Dam Project will not include local residents, we are in dire need of Meeting/Baraza electricity generation, it is primarily for water supply for electricity agriculture and sanitation 1.3 Why is the water going to Mombasa Vulnerable Group Member Open House It is correct the project will supply water to Mombasa County County, are we also going to benefit from Meeting/Baraza which is also in dire need for water but the water? this project also intends to supply water to the entire Kwale County as well through the water supply and sanitation investments sub component. 1.4 Who are the owners Vulnerable Member Open House The project is implemented by the Ministry of Environment, Dam Project? Meeting/Baraza Water and Natural Resources (MEWNR) on behalf of the people of Kenya and will be executed by Coast Development Authority (CDA) and Kwale County Government commence, we are tired of the several visits and missions Meeting/Baraza however, check dams for irrigation and the pilot irrigation and consultations since 2010. may begin much earlier. 28 affect our graves and burial sites. We as Meeting/Baraza project. The project is extremely respectful of the culture Duruma have a lot of respect for the dead and customs of the Duruma, who are consulted fully and will and would be unhappy if they are disturbed decide where to relocate graves and the burial sites. A budget for this activity is set-aside in the budget section. The RAP preparation is on going and we will finally be able to determine how mal'l}'Jll'aves will be affected. 2.3 Do you know how many graves will be I Vulnerable Group Member Open House I The project is currently preparing a Resettlement Action affected as a result of the project and Meeting/Baraza Plan, which includes mapping of all affected graves and which families? burial sites including concerned families. 2.4 Along the Mwache River, we have I Vulnerable Group Member Open House I Thank you for this information. The project would appreciate traditional caves where we conduct Meeting/Baraza during this process to be informed of all the cultural traditional worship and are concerned that resources in the area and significance including locations. the project will affect these areas As a result of the dam, several areas along the Mwache River will be inundated hence these caves are likely to be affected. The project would like to listen to your views and traditions for relocating these caves. The project also assures and affirms that it will respect and follow all the cultural norms, ceremonies and rituals for relocating these caves and will meet all costs associated with the same. 2.5 We live in clans as Duruma people and I Council of Elder Open House I The project has no intention of disrupting or severing your share tight bonds including inter-marrying, Meeting/Baraza linkages at family and clan level. Even though the project is sharing of land etc. Every family member going to lead to physical displacement, the plan of action is is connected to a particular clan. to resettle all those identified as affected within their clans and with their families including the extended families. Will the project displace us from our villages and restrict our linkages with fellow The RAP report will highlight the findings and will clansmen? recommend this approach during implementation 2.6 We would like to know which villages I Vulnerable Group Member Open House I A total of 18 villages will be affected but no single family or and families will be physically displaced by Meeting/Baraza homestead displaced (physically) will be resettled away from the project and where they will be resettled. their clan members. We do not want to move far away from our clan members and kinsfolk The RAP is under preparation and for the moment we do not have the exact number of homesteads affected. 2.7 Land is a critical aspect of us-Duruma, I Vulnerable Group Member Open House I The project will provide compensation for all land acquired in we depend on land for cultivation of crops, Meeting/Baraza accordance with OP. 4.12 and even though land acquisition grazing of livestock among others. If the will occur, the benefits include introduction of water for project is going to acquire a lot of land from irrigation which will boost crop production through us, I will not support this project, I will intensification which will achieve more yields annually unlike oppose it. the current rain fed dependence 29 2.8 You are the experts and we would like I Vulnerable Group Member Open House I The process of determining the amount of land to be you to inform us how much land will be Meeting/Baraza acquired, villages affected are on going. Once this process acquired, which villages will be affected is complete, you will be updated. Compensation for all and how you will compensate for the loss assets including land will be according to OP. 4.12 of land and other assets, we will not make an informed decision if this information is not made available to us in time. 2.9 As the Chairman of Kaya Elders, I wish I Vulnerable Group Member Open House I Thank you for this information and the project is glad that to say that we support the project and we Meeting/Baraza there are cultural norms and ways of relocating the shrines are only tired of the waiting. of worship and graves. Also, I would like to say that, we have The project assures the Duruma community that it will traditional ways of the Duruma for re- compensate for the cultural losses as guided by Kaya Elders locating traditional shrines (Kayas) and and Council of Elders graves, and that for as along as we are compensated, we will lead the process for The project will support all the rituals that are observed in relocating these cultural resources in the order to relocate the graves and shrines traditional manner. However, we will not support this project until we get the assurance of compensation for loss of the Kayas a11_d_o_LJ_r_graves. 2.10 On behalf of the women, I would like Vulnerable Group Member/Women Open House The project understands this concern and this is why it to thank you for holding a separate meeting Representative Meeting/Baraza organised for a separate meeting with women ONLY. with us. In our culture, women cannot discuss issues where there are men. We Compensation for loss of land will be given to all without are concerned that we will not gain discrimination of gender as clearly spelt out in our economically from the compensation constitution. (cash) for land acquisition. Our men are likely to take all the money and distribute it The project will also design gender specific income to their sons ONLY. This will leave us generating initiatives targeting women to reduce their poorer and vulnerable vulnerability 2.11 What guarantee do you have in place Vulnerable Group ll!lember Open House Compensation for loss of land will be given to all without that women will not be excluded from the Meeting/Baraza discrimination of gender as clearly spelt out in our compensation and benefits constitution. The project will also design gender specific income generating initiatives targeting women to reduce their vulnerability 2.12 A project of this magnitude will require I Vulnerable Group Member Open House I This is a correct observation and a likely scenario because labourers who are likely to come from other Meeting/Baraza the contractors are going to use local and foreign labourers. regions within Kenya or outside of Kenya i.e. foreign countries. The project will prepare a cultural sensitisation program and plan which will be used to enlighten and sensitize the 30 I am a concerned member regarding how labourers of the culture, customs and traditions of the these external persons may affect, Duruma and need to respect their cultural way of life at all influence or distort our traditional and times cultural way of life. I am worried of the negative influence they may exert on our people. Foreigners staying with us for long may bring aspects of life that may erode or culture or spoil our youth. How will you address this? 2.13 I am concerned about the potential for I Vulnerable Group Member Open House I The project will establish a resettlement and grievance conflict over land compensation and Meeting/Baraza management committee, which will handle all disputes disruption of harmony within families. As related to compensation. These committees will include the you may know, land in this are is still held council of elders and kaya elders as well. However, the under group ranching or by the head of the project will consult widely with the traditional structures and household. Some of us are young but with systems on how to handle such cases families and living on land allocated to us by our parents without a title deed. How will the project ensure that each of us gets benefits? 2.14 I support this project because this are I Vulnerable Group Member Open House I Thank you very much for your support for this project. where we live has many problems. We Meeting/Baraza have inadequate water for domestic use and the climate does not favour cultivation of crops. The dam including irrigation will boost the livelihoods of our area, I am happy 2.15 I am worried that this project will lead I Vulnerable Group Member Open House I Thank you and the project will develop an action plan for to spread of HIV/AIDS and drug abuse Meeting/Baraza managing imapcts associated with HIV/AIDS and drug specifically because of the interaction of abuse including awareness and sensitization of the foreign external workers and our people. This is workers on culture of the Duruma bad for our culture and I will not support this project 2.17 Our people need to be very careful I Vulnerable Group Member Open House I The project as part of the RAP has included a component on about this project. We are mostly poor and Meeting/Baraza money management specifically targeting all those affected I have seen in other places, families once they are provided monetary compensation breaking apart when foreigners seduce locals and entice them with money due to poverty, this leads to family fragmentation and strife. 31 3.2 only for testing the methods, crops and market. The irrigation project in itself, will cover over 2,500 Ha and will benefit a lot more people 3.3 I am confused. Originally, this project, I Vulnerable Group Member Open House Meeting/Baraza Additional studies were conducted and it as I understand it was to was deemed that because it will take of over 2,500Ha, this is what we were almost 3 years to construct the dam, a pilot informed by CDA, why are you reducing scheme be started using the check dam the scope, how are we to benefit if the #2. is reduced? Our youth are jobless. what are the I Vulnerable Group Member Open House Meeting/Baraza The project will create several job opportunities that this project will avail for opportunities -skilled and unskilled during our Duruma people? construction phase and first priority will be given to the Duruma people you create . operation, the portion for local people and opportunities -skilled and unskilled during what job fields, and wage proportion of construction phase and first priority will be total project cost given to the Duruma people 3.6 How many jobs will be created by the I Vulnerable Group Member Open House MeetingtBaraza The project will create several job project? opportunities -skilled and unskilled during construction phase and first priority will be given to the Duruma people economic benefits for the area, how will it be ensured that these benefits are shared amongst the affected communities women and 3.8 What are the benefits (short, medium I Vulnerable Group Member Open House Meeting/Baraza Due to the technical nature and regulated and long term) for local employment? To health and safety requirements for what degree will local communities benefit? operations, opportunities for local employment will be limited to casual and unskilled positions. Where possible, nities will be offered to 32 local communities before others are considered. Opportunities for skills development and training will be explored in order to maximise long-term benefits of employment. 3.9 This project can help address poverty Vulnerable Group Member Open House Meeting/Baraza The project does not education as a direct and other social problems experienced in component. However, through provision of local communities. Will this project bring water, time lost by women to fetch water education and build capacity in local will be reduced hence focus on education. communities? The irrigation project will boost economic power of the Duruma providing resources that can be used in education 3.10 The project will be a good thing. It will Women Representative From Local Open House Meeting/Baraza Thank you for your comment. stimulate the local economy; potentially Community provide job opportunities to an area with incredibly high unemployment. 3.11 This project will contribute to Women Representative From Local Open House Meeting/Baraza Thank you for this comment. Where empowerment of communities, skills Community possible, employment opportunities will be transfer and will contribute employment to offered to local communities before others a region with the highest unemployment. are considered. Opportunities for skills development and training will be explored in order to maximize long-term benefits of employment. 3.15 This project is going to affect our Vulnerable Group Member Open House Meeting/Baraza A RAP is under preparation and it will economic activities especially fisheries, provide basis for compensation for all sand harvesting and stone quarrying, how categories of affected vulnerable groups will this be compensated? Thank you. The project is preparing a Stakeholder Engagement Plan which will further highlight and provide details for commentators, and includes the schedule of and venues for public meetings. the project propose I Vulnerable Group Member Open House Meeting/Baraza Thank you. The project is intending to consulting with and communicating its communicate and consult with the people intentions with local communities? of Duruma in a culturally appropriate manner. The project would like to communicate with the Duruma through their oreferred modes and customs 33 including time and locations. The project respects the decision and ways that are used traditionally for communication and will follow these ways The project is preparing a Stakeholder Engagement Plan which will further highlight and provide details for commentators, and includes the schedule of and venues for public meetings. 4.3 A far more comprehensive process Vulnerable Group Member Open House Meeting/Baraza Thank you. The project is preparing needs to be conducted to inform documents and an engagement plan, stakeholders of the implications of this which will be used to continue informing proposed process and project. the Duruma about the benefits and impacts of the project on your culture and way of life. ~Will we be able to view all comments Member of County Assembly Open House Meeting/Baraza Yes: All reports will be publicly disclosed as and objections raised against the project per the Bank's disclosure policy in several before being used to make a decision? places including in the project site ~I would like to receive further Local Community Member Open House Meeting/Baraza As a registered stakeholder you will be documentation regarding this project; kept informed of the proposed project. especially the comments raised by interested and affected parties, as well as the ESIAIEMPNGMP/RAP reports. 4.6 Stakeholders would like the assurance Local Community Member Open House Meeting/Baraza Your comment is noted. that all information and responses provided by the project are honest and transparent. __ to know project is implemented by the implementing parties in this program. MEWNRs with CDA and Kwale County have seen numerous parties coming here Government as the main executing every now and then and I am a bit agencies. There are however other confused. institutions like KFS, WRMA, KARl etc. who will also play and important role 34 am Duruma in the first place. I would like to state that I support this project, which we have been waiting for, and is actually one of the projects identified as a priority in our County Integrated Development Plan for Kwale. This was one of our pledges to the Kwale Thank you. like to say that we really support this Mwache Project. We have been part and parcel of the activities and conceptualisation of this project ever since CDA and the now defunct Ministry of Regional Development Authorities announced it to us. We have been extensively consulted and participated in all dialogue and meetings from 2010. Please stop further studies we support this project but now we are getting extremely fatigued of these consultations. This you. rnment of Kwale I Vulnerable Group Member Open House Meeting/Baraza Thank you. we support this project and would like to see it implemented as soon as possible. We however hold reservations on the fact that the water will be for use in Mombasa County. We insist that, the first beneficiaries of this project should be the people of Kinango, and then we can discuss Mombasa 35 3.1.3 Consultations in Context of SA/VMGP Disclosure The Social Assessment and VMGP will be disclosed in the website of the Kwale County Government, World Bank and MEWNR to allow the public and stakeholders to consult the documents for final feedback. Publications will be in English. Hard copies will be placed in public areas (Kwale County headquarters, MEWNR, CDA office) to allow for public consultation. The disclosure process will be accompanied by the consultation of the VGs in order to obtain their views and concerns on the overall approach. A disclosure program, compnsmg: • Additional public information events for presentation and explanation of the VMGP, • Consultation events during disclosure will be held on site in the affected villages and be made accessible for all vulnerable groups. • The disclosure process will be explained and the VMGP's executive summary will be presented and explained and which will be translated in Swahili. • During the public disclosure events, if there are additional concerns they will be recorded and questions will be answered. • The County Government of Kwale will support the performance of the disclosure consultation program. 3.1.4 Consultation During Implementation During implementation, the Project Implementation Unit (PIU) within Coast Development Authority will be responsible for the planning and performance of regular consultation with VGs. Community Liaison Officers (to be assigned immediately by the start of implementation, at the start of year 0) will be the staff who will operate the consultation program for the VGs during the implementation phase. Key elements of consultation during project implementation are: • Routine consultation of Council of Elders/Kaya Elders in the context of the VMGP monitoring program; • Public consultation events in the context ofthe VMGP monitoring program; • Continuous information of the VGs and other project stakeholders about Project progress and upcoming relevant activities; • Provide accessibility for VGs; establish capacity/availability for quick response to consultation needs expressed by VGs From the start of VMGP implementation, PIU will operate a field office at the project site. The operation of the project office will be communicated broadly to all the VGs, including office hours of key staff. The location of the office will be signposted. The field office will be established at a site, which will be accessible without any disturbance from construction activities, access will not be severed by construction activities at any time. 36 4 FRAMEWORK FOR ENSURING FREE, PRIOR, AND INFORMED CONSULTATION 4.1 INTRODUCIION This chapter described the proposed framework for ensuring free, prior and informed consultation with the affected vulnerable groups during implementation of the Mwache Multipurpose Dam Project. The proposed framework has been designed in a consultative manner and following the guidelines for free, prior and informed consultation set forth by OP. 4.10. The framework has also been prepared in line with the Constitution of Kenya (2010) specifically those tenets focusing on public participation. Consultations with the vulnerable groups will be carried out through their own existing processes, organizations and institutions, e.g., Duruma councils of elders and Kaya elders. The Duruma will have the right to participate through representatives' chosen by themselves in accordance with their own procedures and decision-making institutions and consultations will also take into account the issues of gender. 4.1.1 Cost of Information Dissemination and Consultation The project will disseminate all information related to the project and touching on the vulnerable groups free of charge and in a timely manner and using methods that are culturally appropriate and respectful of the culture of the Duruma. All information about the project will be made available voluntarily and in a transparent manner at the request of the Duruma in strategic places within the project area and in their local language without any cost. All costs for information dissemination and communication will be met by the project. The vulnerable groups will determine the process and timeline for decision making and all the community members will be free to participate regardless of age, gender or standing in the community. 4.1.2 Information Dissemination Timeframe Information about the project, information on public meetings and consultations will be disseminated in advance to the vulnerable groups before consultations and deliberations on are held. Information will include the objective of the meetings or discussions, the agenda and venue/locations, the time among others and will be in the local Duruma language and in formats decided by the Duruma. • Sufficient time will be provided in the project to allow the vulnerable groups to understand, access, and analyze information on the proposed activity. The amount of time required will depend on the decision-making processes of the vulnerable groups. • Information will be provided before activities can be initiated, at the beginning or initiation of an activity, process or phase of implementation, including 37 conceptualization, design, proposal, information, execution, and following evaluation; and • The decision-making timeline established by the vulnerable groups must be respected, as it reflects the time needed to understand, analyze, and evaluate the activities under consideration in accordance with their own customs. 4.1.3 Proposed Communication Channels 1. Duruma Council of Elders and Kaya Elders The Duruma community in the project area has its own representative organizations that provide effective channels for communicating local preferences especially on matters related to culture and customs. These traditional leaders (Kaya Elders and Duruma Council of Elders) occupy pivotal positions for mobilizing people and have been proposed as the mediums to use for communication into the planning process, with due concern for ensuring genuine representation of the indigenous population. 2. Local Administration-Chiefs, Assistant Chiefs Chiefs and Assistant Chiefs are important channels for communication and dissemination of information and are part ofthe National Government. Information provided to the vulnerable groups will: • Be accessible, clear, consistent, accurate, constant, and transparent; • Be delivered in appropriate language and culturally appropriate format (including radio, video, graphics, documentaries, photos, oral presentations); • Be objective, covering both the positive and negative potential of project activities and consequences of giving or withholding consent; • Be complete, covering the spectrum of potential social, financial, political, cultural, environmental impacts, including scientific information with access to original sources in appropriate language; • Be delivered in a manner that strengthens and does not erode indigenous or local cultures; • Be delivered by culturally appropriate personnel, in culturally appropriate locations, and include capacity building of indigenous or local trainers; • Be delivered with sufficient time to be understood and verified; • Reach the most remote, rural communities, women and the marginalized; and • Be provided on an ongoing and continuous basis throughout the FPIC process. 4.1.4 Methods of Communication/Information Dissemination/Consultation • Public Barazas/Open House meetings Public meetings/barazas will be used for communicating of information and discussing issues related to the project to the vulnerable groups. • Use of Community Radio 38 The local vernacular radio station will also be used as a channel of communicating and disseminating information about the project to the vulnerable groups. • Posters Posters in local language will also be used to disseminate information about the project to the vulnerable groups for instance in announcing proposed meetings which will be placed in strategic points like market centres, hospitals, schools etc. • Background Information Document The purpose of the background information document (BID) is to offer the vulnerable groups a clear, non-technical and consistent explanation of the project activities, proponent, and mechanisms for stakeholder engagement and communication about the project. This reduces misinformation and miscommunication about project activities and impacts. • The BID will be distributed to all the vulnerable groups and posted in project- affected communities in advance of the start of project activities. The BID will be a single sheet of paper printed on both sides. Information on one side in local language will be replicated on the reverse side in English. Information will also be made available in Kiswahili as needed. 4.1.5 Documentation The opinions, views, concerns, and recommendations of meetings and consultations held with the vulnerable groups must and will be properly recorded and acknowledged. Responses and actions in relation to the result of the consultations shall be provided and made public. All communications with stakeholders, including grievances, will be recorded in a stakeholder engagement record. It is the responsibility of PIU to maintain this record and are responsible for accurate and timely management and maintenance of the stakeholder engagement record. 39 5 ACTION PLAN FOR ENSURING SOCIO-ECONOMIC BENEFITS This chapter describes the plan of action proposed by the project to ensure that the Duruma receive social and economic benefits that are culturally appropriate. This chapter therefore identifies the likely social development outcomes of the project and proposes a social development strategy, including recommendations for institutional arrangements to achieve them, based on the findings of the social assessment. The social development strategy is expected to increase the benefits to Duruma community as well as reduce social and political risks that could undermine the gains of development, thereby increasing the equity and social sustainability of projects. This chapter further identifies the short and long term interventions and strategies proposed in order to ensure that negative impacts from the Mwache Multipurpose Dam Project are addressed and that the VMGs participate in the project benefits at their various local village levels. The strategies have ensured adequate inclusion, consultation and participation of women, youth and other vulnerable groups. The identification of and planning for the Duruma peoples, affected community development programs and impact mitigation for the project is an ongoing and iterative process. From the beginning, the Duruma and community leaders have identified the following key areas of interest: • Water Provision • Project employment and contracting opportunities • Agricultural improvement and intensification • Health care • Education • Vocational training • Community infrastructure and roads • Environmental protection The KWSCRP-2 has commenced the development of culturally appropriate plans and projects that will increase socio-economic benefits to the Duruma without increasing their vulnerability or eroding their culture. These are discussed in details in the sections below and they are principally activities that have been conducted by the Durumas in the project site historically, for example farming or cultivation of crops. 5.1 DEVELOPMENT OBJECTIVE OF MWACHE MULTIPURPOSE DAM PROJECT The development objective of this project (KWSCRP-2) is to improve access to water in Kenya's coastal region, and enhance livelihoods in Kwale County. As part of the social development strategy and to protect the Durumas from risks associated with the project, the KWSCRP-2 has developed activities that seek to improve incomes in Kwale County overall, through support of community-driven development activities that provide sustainable livelihood support. 40 These activities are intended to improve sustainable livelihood paradigms and project benefit sharing for the largely rural communities in Kwale County. The activities will also focus in developing alternative livelihood activities for communities currently dependent on the unsustainable use of natural resources. As such, it will focus on income- generating activities that also support water security and climate resilience in the county. These could include the development of village-based manufacturing capacity for items such as water source protection, low-cost irrigation and agricultural water management, crop cultivation in zai pits, production value addition, composting, establishment of tree nurseries (for fruit and woodlots), sustainable brick making, development of alternative energy products, improved cook stoves, bee keeping, household-level pond aquaculture, modem livestock management, etc. 5.1.1 Kwale County Development Support This Component of the KWSCRP-2 will support development in Kwale County, where the Mwache Multipurpose Dam is located, through investments in water supply and sanitation in rural communities and small towns; a demonstration irrigation scheme to inform design and establish viability of a large-scale irrigation program in Kwale in the future, and livelihoods investments. By supporting these activities, this project component will bring near-term and medium- term benefits to Kwale County, in parallel to the planning and preparation for the large- scale infrastructure that would supply water to Kwale (from Mwache, and other sources) inthe long-term. Water supply and sanitation activities under Component 2 have been designed considering the post 2015 MDG targets, which have more focus on eliminating open defecation; achieving universal access to basic drinking water, sanitation and hygiene for households, schools and health facilities; and progressively eliminating inequalities in access. Due to the dispersed nature of Kwale County population, sustainable supply to rural areas through conventional water systems is not feasible in most cases. The option to supply communities located along the bulk water system through water kiosks along the main pipelines will be explored further 2 . Priority will be given to communities affected by construction of the dam, some of which are currently supplied from Mzima pipeline. If found viable, this sub-component will support construction of pipelines from off-takes on the main pipelines and kiosks or yard taps to supply the communities. Other viable, low- cost near-term options for rural water supply include point water sources (boreholes, protected dug wells, and protected springs); rainwater collection; and small dams across seasonal streams. Investments under this sub-component will be identified through a participatory and demand-driven approach and will include rehabilitation and construction ofboreholes, protected dug wells, protected springs and small dams. 2 The Coast Water Masterplan estimated that 30% of total population in Kwale, Kinango and Msambweni districts could be supplied through connection to the bulk water supply system. 41 5.1.2 Sustainable Livelihoods Improvement The project plans to improve livelihoods in the watershed, through support to benefit- sharing and sustainable livelihood paradigms for the largely rural communities in the area. Focus will be where required catchment conservation practices are not sustainable per se, such as in steep slope and river bank crop cultivation, where alternative livelihoods need to be supported. In these areas the project will aim in developing alternative livelihood activities for common interest groups currently dependent on the unsustainable use of natural resources, aiming on new income-generating activities. These would include enhancing production capacity for livestock, and/or items such as water source protection, water harvesting, improved energy-efficient cook stoves, alternative energy products, low-cost irrigation and water management, crop cultivation in zai pits, composting of vegetable residues and manure, establishment of tree nurseries (for indigenous species, fruit or fodder trees and/or woodlots), improved livestock breeds and management, production value addition, sustainable brick making, bee keeping, household-level pond aquaculture, etc. The sub-component will draw upon successful demand driven experiences in Kenya (e.g. the recently closed Natural Resources Management Project in Upper Tana, the Kenya Coastal Development Project and its HNP, the Lake Victoria Environmental Management Program, and the Western Kenya COD Project). These experiences demonstrate that strong, motivated community groups can be formed in Kenya to undertake activities to promote sustainable practices that reduce pressure on degraded watersheds and restore and improve livelihoods. 5.1.3 Irrigation Development Scheme This project plans to support the implementation of an irrigation demonstration scheme (IDS) for about 100 ha. The activities condense intervention strategies for irrigation development and validation of improved agricultural practices. The IDS will also offer proven practices for the viability of developing a larger irrigation scheme in the area (between 2,000 and 3,000 ha). The IDS is expected to test adapted approaches and technologies for the development of irrigation in the coastal region. These include: (a) the land tenure and water use aspects of irrigation, (b) the marketing strategies for the crops that would need to be grown to enable recovering O&M costs of the I&D infrastructure, (c) the irrigation and production technologies (drip, sprinklers or bubble irrigation, use of compost, integrated pest management, etc.) and hence, the best practices for water efficiency and irrigation potential given the water allocation for irrigation from the main dam, and (d) the farmers capacity to adopt innovative technologies, and their capacity to pay for O&M costs through volumetric water tariffs. The IDS would comprise the following four activities: (i) construction of the irrigation and drainage (I&D) infrastructure; (ii) agricultural support services, value chain and 42 marketing linkages development; (iii) participatory irrigation management (PIM) through Irrigation Water User Association (IWUA); and (iv) project management. The Infrastructure Development would start with the construction of the upper check dam to be financed under the KWSCRP phase 1 in order to advance the development of the IDS by about 1 year. The sub-component will fund investments for conveying water to the farms, including head-works and irrigation water distribution network. The irrigation system will be pressurized in a piped system to supply water from the reservoir to the demonstration fields. The Agricultural Support and Value Chain activities would support farmers to grow, add value and market high value irrigated agricultural products in a competitive and sustainable manner including: (i) the establishment of irrigation management facilities (operator house, office, and IWUA meeting room that will also serve for on-site training sessions); (ii) planning and management of a demonstration plots in farmer fields; (iii) establishment of a Nursery for producing seedlings for new crops, and a compost producing unit; (iv) capacity building and training through the Farmer Field School (FFS) approach; (v) support for farmer-market linkages development (e.g. through private sector partners such as VEGPRO); (vi) post-harvest infrastructure (cold storage room and packing space); and (vii) the creation of a revolving fund for farmers to access required inputs and services. 5.1.4 Strengthening Social Inclusion and stakeholder participation Using a Community Driven Development (CDD) approach, proposals will be sought from communities in the treatment catchments and forest perimeters which includes all the VMGs (Duruma), to invest in livelihood enhancing micro-projects, which support the natural resource base. For example, opportunities to establish afforestation schemes, development of private sector/community partnerships for timber, fuel-wood and/or fodder production, production/sale of seedlings, introduction of productivity-enhancing techniques of ago-forestry or conservation farming, beekeeping, and other investments in farm agriculture development will be supported. The subcomponent will also bring different actors from different sectors under a Steering Committee to vet and prioritize proposals. This is one of the ways that social inclusion will be achieved and ensures that vulnerable groups are included in the benefit stream and in access to opportunities created by the project. Four million dollars would be availed for funding community micro-projects- in addition to those funds available through the HMP-KCDP - with additional funds for capacity building and training. A secretariat for the component will be established in the CDA offices with representatives from the Counties, WRMA, KFS and KARl, to manage the component. Once proposals are selected, targeted engagement with communities, employing capacity building techniques and technical targeted training will support the communities in the implementation of their micro-projects. This will ensure that stakeholders are empowered through their participation in the design and implementation of the project, their access to information, and their increased voice and accountability. 43 6 POTENTIAL ADVERSE EFFECTS ON VULNERABLE GROUPS This chapter describes the potential adverse effects of the Mwache Multipurpose Dam Project on the Duruma community (vulnerable group) with specific reference to effects on cultural resources and culture and customs, land resources, family set up and way of life as well as disruption of clan based system. An appropriate action plan which includes measures to avoid, minimize, mitigate, or compensate for these adverse effects concludes the chapter. 6.1 LOSS OF KAYAS-TRADITIONAL WORSHIP SHRINES The project area is located close to Kaya Mtswakara forest, which will be affected by the project in terms of land acquisition and has spiritual importance for Duruma. 2 sites of worship are within the dam area and will be destroyed as a result of the dam. The 2 sites for traditional worship (kayas) are found at Mwache Bridge and at the Dam site in Fulugani. Kayas are active ritual sites in the project area, and still important for the unity and identity of the community. Initiated Kaya Elders who are Duruma elders specially looking over these spiritual site conduct ceremonies for various purposes including: • Prayers for rain in time of drought or famine Kulomba vula • The cleansing of the land. • Prayers of thanksgiving and blessing of the harvest - Kutohola • Prayers for the good health of the communities - Sadaka ya Mudzi • Resolution of clan and family disputes • Divination and healing for individual members of the community The rituals usually involve slaughter of livestock such as sheep and cows depending on the occasion in which case the offering must be consumed within the Kaya. Nothing must leave the sacred forest. There may also be a mixing of medicine including a concoction of leaves and other herbs. In the community ceremonies, accompanied by colorful dances, all members of the community from the surrounding villages are welcome. An important element of the Kaya ceremonies is their strong symbolism around the concept of the home and village. For example, major ceremonies for the whole village, are preceded by a ritual clearing of the paths and cleaning of the central space by the women, much as one would spruce up ones residence in expectation of a visitor or event. 6.1.1 Mitigation Measure(s) There was broad community support for this project with a clear condition that the affected Kayas must be relocated in and following the traditional systems and ways of conducting the process. The Kaya Elders, who were informed that the project would affect the Kayas, were further consulted to find out measures that are culturally appropriate for minimizing this impact. 44 Kaya Elders indicated that they would oversee the process of re-locating the Kayas but would need compensation mainly resources to obtain bulls that would be slaughtered in order to appease the spirits during the relocation who would be disturbed. A full ceremony for relocating the shrines exists and Kaya Elders would conduct the ceremony prior to commencement of any activity. Kaya Elders were requested to draw up a cost estimate for the whole process and which would be supported by the project. The relocation process mainly entails choosing a new spot in the forest to symbolically become a worship shrine (kaya) and the selection is conducted in accordance with the traditions and rituals of the Duruma and overseen by the Kaya Elders. The selection of 2 new shrines will be undertaken once the compensation and provision of resources is provided to the Kaya Elders after which the whole community will be informed of the new spot. Discussions and consultations with the Kaya Elders during the preparation of the VMGP showed that the Kaya Elders select a new site at their own discretion once compensation is provided specifically for the rituals aimed at symbolically closing down the existing Kayas. The Kaya forest is expansive and only a portion where 2 shrines exist will be affected therefore, herbs that grow within the forest and used to perform rituals will not be lost since they are available in other sections of the Kaya forest not affected by the reservoir in regard to inundation. 6.2 LOSS OF SPIRITUAL WORSHIP CAVES ON RIVER MWACHE The Duruma people in the project area have a number of caves along the Mwache River bed, which are used, as spiritual worship shrines by individual community members and these will be affected as a result of the dam which will lead to inundation of several areas to create the reservoir. This therefore will adversely affect the spiritual way of life of the Duruma due to denial of access oftraditional worship sites. 6.2.1 Mitigation All the affected caves (4 in number) used as worship sites have been identified during the RAP census survey conducted in March-April 2014. During the dissemination of information about this project and as part of obtaining broad community support, the Duruma community was informed of the fact that these caves will be affected and consultations were held to determine the measures, which are culturally acceptable to the Duruma and to minimize in avoiding, minimizing or compensating for the adverse effects. The mitigation measure that was agreed upon during the deliberations was that all caves would be symbolically relocated following the Duruma cultural practices and traditions. The Council of Elders will lead in the process of symbolic relocation, which is a ceremony with rituals and participation of the entire community. The selection of new spiritual worship caves is a function that is secretive and at the discretion of the Council of Elders who will only announce the new worship caves along the Mwache River once they are compensated for the process. 45 6.3 LOSS GRAVES/BURIAL SITES The Duruma people have a lot of reverence for the dead and therefore their graves are well preserved including communal burial sites, which is a common way of resting the departed in this community. They also, as much as they have adopted new forms of religious worship, have deep attachment to the traditional worship and the shrines are crucial in their ways of life. According to the Resettlement Action Plan (RAP), a total of 100 graves/burial sites will be affected by the project i.e. inundated hence adversely affecting the cultural norms of the Duruma community. 6.3.1 Mitigation Measure(s) All the affected graves/burial sites have been identified during the RAP census survey conducted in March-April 2014. During the dissemination of information about this project and as part of obtaining broad community support, the Duruma community was informed of the fact that graves will be affected and consultations were held to determine the measures, which are culturally acceptable in avoiding, minimizing or compensating for the adverse effects. The mitigation measure that was agreed upon during the deliberations was that all graves /burial sites identified as affected, will be relocated using the Duruma cultural practices and procedures. The council of elders will lead in the process of relocation, which is a ceremony with rituals and participation of the entire community. All families whose dead will be disturbed will be compensated (monetary) for the disturbances and emotional strife, and the project will meet all the costs related to relocation of the graves including those associated with rituals and ceremonial processes. The new gravesites will be located in the new areas of land acquired following compensation. 6.4 LOSS OF LAND/DISPLACEMENT The Duruma community have a lot of collective attachment to land and inherent resources. Land is used by this community in many instances communally for grazing of livestock, settlements and homesteads, crop production among others. The impact on land during construction is limited to the dam site as well as the irrigation area. Affected land will be residential land, land used for business and agricultural land. Land take will result in the permanent change of land use and the termination of the present use of the land. 6.4.1 Mitigation Measure(s) Even though the project is likely to acquire parcels of land from the VGs for this project, there is broad support and awareness that this is unavoidable. All affected land will be compensated in accordance with OP. 4.12 as a measure for impacts associated with land 46 acqulSltiOn. The Government of Kenya will provide funds for all compensation activities, which will occur before commencement of project works. 6.5 DISRUPTION OF FAMILY SET UP/WEAKENING OF SOCIAL BONDS Given the close community of the Duruma, households and homesteads may be especially vulnerable to involuntary resettlement, such as the possible dispersal of connected households, the fracturing of social networks and weakening of cultural practices. The Duruma men are largely polygamous and have more often than not, more than one wife. This is part of their culture and hence a family comprises of the head of household (male), the wives and children. Each family unit is affiliated with one of the 14 clans. Males take care of families and they control the farming. Males (including boys) also historically would hunt wild animals and herd their domestic animals (i.e. cattle, sheep, goats and chickens). Women do all household work assisted by girls and also do a great deal of the farming. All homesteads are members of one of 14 clans. Households may find it difficult to re-establish viable communities and networks in their new areas. Feedback obtained from the consultations indicates and reflect an anxiety over related issues, focusing on concerns around; • The disruption and severance of existing community bonds • Where they will be resettled, whether they will be accepted by host communities and on social security in the relocation areas and; • The impact of relocation on religious activities, culture and traditional values. Preference was shown towards relocating as one community and within the specific clans 6.5.1 Mitigation Measure(s) Like other Kenyan tribes today, Durumas have assimilated to modem cultural practices, resulting in the disappearance of many of their traditional customs. However, the project will ensure that all those families/homesteads that will be displaced will be resettled within their clan in order to retain membership and ensure continuation of cultural and clan based linkages. 6.6 DISRUPTION OF CLAN/SOCIAL LINKAGES The Duruma culture revolves around clans and age-sets. A clan consists of several family groups with a common patriarchal ancestor. Traditionally, each clan lived in one fortified village built in a cleared area of the forested ridges, but this is not the case anymore specifically due to modernization and urbanization trends. A person's age-set determined their role and social standing within the clan and elaborate rituals were often held for members graduating from one age-set to another. Clan membership is determined by birth and not subject to change; the bride joins the husband's clan if differs from hers. Marriage within homesteads is discouraged but most marriages are within the 14 clans. The clan traditionally owned land and not individuals 47 however; this has since changed with land being owned by individuals in certain areas in the project area. The sons inherit land from their fathers including any goods or money they may have. Daughters do not receive any part of the inheritance. The project as a result of land acquisition and displacement is likely to interrupt and disrupt the social and clan based linkages that exist as part of Duruma traditional culture. 6.6.1 Mitigation Measure(s) Like other Kenyan tribes today, Durumas have assimilated to modern cultural practices, resulting in the disappearance of many of their traditional customs. The project has ensured that all those families/homesteads that will be physically displaced will be resettled within their clan in order to retain membership and ensure continuation of cultural and clan based linkages. Since all affected people are Duruma they are already covered in the RAP. When consulted, they all opted for cash compensation since they all had identified land in the vicinity of their villages and within their own clan. The identified areas by Duruma for resettlement include villages of Mwachipa, Fulugani, Bokole, Mwache, Chigomeni, Chigato, Chinguluni, Luyeni, Miyani, Mrabaini, Mgandini, Mnyenzeni, Mwashanga, Changa, Mwatate and Nunguni. The affected households confirmed that they have family and clan relations in the above villages and that their clan members were willing to allocate land to them for as long as their was adequate compensation for purchase of the land. The GOK, will provide compensation for land which the affected households will use to purchase land from their kinsmen. In order to ensure that the families/homesteads that will be physically displaced are resettled within their own clans so as to retain membership and ensure continuation of linkages, all families were requested to identify or indicate that they have families/clans members in neighboring villages who would accommodate them without conflict. During the consultations, the families indicated that they had located where there clan members reside and that there was available land and were simply waiting for compensation to buy the land from their fellow clansmen and resettle. 6.7 IN-MIGRATION Non-residents may move into the project area seeking employment and improved access to grazing, water resources, and improved infrastructure and services. This may result in increased resource-based conflict, strain on resources and infrastructure, increase in communicable disease transfer, and disruption to existing social structures 6.7.1 Mitigation Measure (s) The project will strive to recruit local residents for all positions that do not require skilled labour in order to minimize huge exodus of immigrants and further hire those from neigbouring counties like Kilifi and Mombasa who share an almost similar culture with the Duruma. All non-resident workers will be sensitized on the customs, traditions and way of life of the Duruma in order to minimize cultural conflicts. 48 6.8 LOSS OF ACCESS TO RESOURCES-FISHERIES AND PASTURE The Duruma in the project area practice fishing as a seasonal economic activity and will lose access to their present fishing sites locations especially during construction of the dam and when the reservoir is filling up. Grazing of livestock is common along the riverbed and therefore community members with livestock will loose grazing areas as well as source of water for the livestock due to the flooding of the reservoir. 6.8.1 Mitigation Measure(s) The dam reservoir will provide a suitable alternative for the Duruma who are fisher folk and will loose their income source. In the short term, the fishermen will be provided with other alternative sources of income until the reservoir is full and capable of having fish introduced. One immediate alternative is to involve them in simd harvesting sale that will be generated from the check dams to be constructed. 6.9 WOMEN AND CHILDREN · The majority of Duruma still hold to the traditional misconception that women cannot make decisions and thus women are under-represented in property ownership, education, and political leadership among others. This situation is the outcome of the interplay of a myriad of factors ranging from discriminatory property ownership laws and practices to deep seated cultural biases that consign the female gender to subordinate status in the local communities. Women and children might be at risk of being dispossessed of their immovable and productive assets as a result of the compensation process that may solely benefit the male household head. The social mobilization process in the project area, has enforced gender inequalities where the women and the girl child is only seen as a factor of production and is less favored when it comes to opportunities for advancement such as education, land ownership and economic development. 6.9.1 Mitigation Measure(s) Due to low levels of educational attainment, prevalence of traditional attitudes toward gendered roles, and high birth rates, project-associated employment benefits will go to male residents at the exclusion of women and other vulnerable residents. The project has prioritized recruitment, training, and hiring of women for unskilled and semiskilled employment with an agreement that 30% of the labourers will be women who will also be given tenders and contracts for supply of food stuff like vegetables, meat products and firewood to construction camps established during the dam construction. These training of women will be done under Sustainable Livelihood subcomponent. Project activities targeting women will be designed as part of implementation of the VMGP and will include establishment of income generating projects as described above specifically for the Duruma women affected by project. Compensation for loss of land and property will not discriminate against women who will have a right to land compensation as provided for by the constitution of Kenya. 49 6.10 LOSS OF INFRASTRUCTURE AND NE1WORKS A bridge connecting the several villages and a main road will be inundated due to the fact that these facilities lie within the reservoir area. This will severe the links between the Duruma and strain the cultural and family interactions. 6.10.1 Mitigation Measure(s) The project will construct a new bridge and access road as a mitigation measure for the above impact. Construction of the bridge and road will commence immediately the project is approved to ensure that communities are not cut off from each other. The bridge will simply be re-aligned and moved to a distance of about 1OOm from where the present bridge exists and within the same route but on a higher ground where inundation is not expected. Technical feasibility studies have been conducted during the design of the dam and assurance of that it is feasible to re-align the road and the bridge to a higher ground but within the original route provided. 6.11 MANAGEMENT OF OTHER SOCIAL RISKS The project will lead to other social risks that are not specifically related or directly affecting the cultural way of life of the Duruma community and include among others incidences of public health related diseases/waterborne like malaria, bilharzia, cholera etc.; loss of life or accidents as a result of drowning in the dam reservoir area. These social risks identified are expected to be experienced during project design, implementation, and monitoring and evaluation. Risk management plans need to be prepared with an eye to addressing these concerns. To manage other risks, a *Resettlement Action Plan (RAP), *Environmental and Social Impact Assessment Report-ESIA (including Environmental Management Plan) and *Integrated Pest Management Plan (IPMP) have been prepared to identify and minimize these social risks. A dam safety plan is also under preparation and a dam safety expert panel has been established for this project to safeguard against risks associated with dam design and climate variability. * These documents for minimizing social risks including action plans have already been prepared 50 Loss of 2 traditional worship shrines (Kayas) and 4 worship There was broad community support for this project with a clear caves located within the project area condition that the affected Kayas and caves must be relocated in and following the traditional systems and ways of conducting the process. The Kaya Elders, who were informed that the project would affect the Kayas, were further consulted to find out measures that are culturally appropriate for minimizing this impact. Kaya Elders indicated that they would oversee the process of re- locating the kayas but would need compensation mainly resources to obtain bulls that would be slaughters in order to appease the spirits during the relocation who would be disturbed. A full ceremony for relocating the shrines exists and Kaya elders would conduct the ceremonv prior to commencement of a Loss of graves and communal burial sites All the affected graves/burial sites have been identified during the RAP census survey conducted in March-April 2014. During the The Duruma people have a lot of reverence for the dead and dissemination of information about this project and as part of therefore their graves are well preserved including communal burial obtaining broad community support, the Duruma community was sites, which is a common way of resting the departed in this informed of the fact that graves will be affected and consultations community. They also, as much as they have adopted new forms of were held to determine the measures, which are culturally religious worship, have deep attachment to the traditional worship acceptable in avoiding, minimizing or compensating for the adverse and the shrines are crucial in their ways of life. effects. The mitigation measure that was agreed upon during the deliberations was that all graves /burial sites identified as affected, will be relocated using the Duruma cultural practices and procedures. The council of elders will lead in the process of relocation, which is a ceremony with rituals and participation of the entire community. · All families whose dead will be disturbed will be compensated (monetary) for the disturbances and emotional strife, and the project will meet all the costs related to relocation of the graves includina those associated with rituals and ceremonial Disruption of familial/Clan linkages, ties and family set up Like other Kenyan tribes today, Durumas have assimilated to modern cultural practices, resulting in the disappearance of many of their traditional customs. In order to ensure that the families/homesteads that will be Phvsicallv displaced are resettled 51 within their own clans so as to retain membership and ensure continuation of linkages, all families were requested to identify or indicate that they have families/clans members in neighbouring villages who would accommodate them without conflict and 16 villages have been identified. During the consultations, the families indicated that they had located where there clan members reside and that there was available land and were simply waiting for compensation to buy the land from their fellow clansmen and resettle. Loss of grazing/pasture land and fishing areas 1 Alternative business and income generating activities will be initiated for the fisher folk until the dam and reservoir is filled up to allow for fishing to occur in the reservoir. Loss of Land I All land owned collectively or individually by the Duruma that will be acquired as a result of the project will be compensated based on The Duruma community have a lot of collective attachment to land I the findings of the RAP and in accordance with OP. 4.12 The and inherent resources. Land is used by this community in many Government of Kenya will pay for all land acquired. instances communally for grazing of livestock, settlements and homesteads, crop production among others. The impact on land during construction is limited to the dam site as well as the irrigation area. Affected land will be residential land, land used for business and agricultural land. Land take will result in the permanent change of land use and the termination of the nt use of the land. The project will sensitize all foreign workers on the customs, traditions and way of life of the Duruma. This will also include Non-residents may move into the project area seeking employment awareness on HIV/AIDS which is likely to become a health concern and improved access to grazing, water resources, and improved infrastructure and services. This may result in increased resource- based conflict, strain on resources and infrastructure, increase in communicable disease transfer, and disruption to existing social structures Gender Compensation for losses will not discriminate against gender and will be in accordance with the Constitution of Kenya. Gender Due to low levels of educational targeted investments or income generating initiatives will be traditional attitudes toward aendered rl"'c:inn"'rl to taraet the vulnerable Duruma women 52 project-associated employment benefits will go to male residents at the exclusion of women and other vulnerable residents. HIV/AIDS Upon hiring, employees (local and non-local) should receive training in culturally appropriate interactions with local communities, Increase in project-associated laborers, human and vehicular traffic as well as infectious disease transfer prevention. No non-local may attract sex workers resulting in increased social conflict and community employees should be permitted to leave camps. Only rates of HIV and other disease infection managerial employees with specific reason will be permitted to access local communitv for dutv related activities. 53 7 COST ESTIMATES AND FINANCING PLAN FOR THE VMGP This chapter outlines the estimated costs for implementing the different aspects of VMGP for the Mwache Multipurpose Dam Project. All costs for implementation of VMGP will be financed by the KWSCRP-2. The costs below have been estimated based on interviews with community members and relevant government officials. The budget for the implementation of the VMGP mainly includes costs for skills development and self-employment, training of the VMGs, consultation/meetings, information dissemination, NGO/Agency hiring for VMGP implementation & monitoring, GRM etc. The VMGPs budget also includes costs for implementation of VMGPs, such as salaries and travel costs of the relevant CDA/PIU staff. The Government of Kenya will finance all the cost of the VMGP. Since all the project-affected people are Duruma, costs related to the vulnerable groups are covered in the overall resettlement budget and resettlement action plan. The resettlement budget reflects among others; Capital costs comprising compensation paid for loss of land, standing crops and trees, for structures and other fixed assets and for other entitlements such as displacement allowances etc. Operation costs comprising costs for payment of salaries for CDA/PIU, for support to Kwale County Government, provincial administration, resettlement committees, for monitoring and evaluation etc. • Costs related to land acquisition from the Duruma including restoration efforts will be financed by the Government of Kenya and have been estimated in the RAP document. • The Government of Kenya and World Bank will jointly finance the costs related to relocation of the graves and traditional worship shrines/Kayas. 54 55 8 FEEDBACK AND GRIEVANCE REDRESS MECHANISM This chapter describes the accessible procedures appropriate to the subproject to address grievances by the affected VGs/Duruma arising from subproject implementation. The design of the grievance procedures proposed has taken into account the availability of judicial recourse and customary dispute settlement mechanisms among the VGs. 8.1.1 General Principles and Key Aspects The Project has put in place an extra-judicial mechanism for the management of grievances and disputes, based on explanation and on mediation by third parties principally the Duruma Council of Elders. The VGs will be able to trigger this mechanism, while still being able to resort to the judicial system. The mechanism for feedback and grievance redress has been designed based on the following principles: • VGs will have easy access to deliver grievances and complaints; • Grievances can be submitted orally (and will be recorded) or in written form; • Any grievance will be registered, acknowledged receipt of, and tracked until it is closed; • The grievance management arrangement will include two tiers of extra- judicial, amicable review and settlement, with the first one internal to the PIU in cooperation with the customary dispute resolution mechanism in this case Duruma Council of Elders; • The second tier of the mechanism is the judicial system, for those grievances that cannot be resolved; the overall objective is to avoid resorting to justice for as many grievances as possible. Key aspects of the grievance mechanism are: • The VGs need to be informed about the grievance mechanism and how they can make use of this process. • Grievances will be recorded using a Grievance Form (in local language, also available in English). Grievance Forms will contain details regarding the grievance as well as the name and address of the applicant, application date, type of application and the name of the persons receiving the grievance. The forms will be logged in a register where they will be tracked through to a suitable resolution. • Receipt with acknowledgement of registration, to be handed back to the complainant; • Grievance monitoring sheet (actions taken, corrective measures); • Closure sheet, copy of which will be handed to the complainant after he/she has agreed to the resolution and signed off. • The PIU will maintain a digital grievance database, containing the logs and records of all grievances received, with an indication of the respective status of a grievance (i.e. resolved, not resolved, pending...) • Resolution options will be developed through unilateral proposal, bilateral discussion and/or third party mediation. If a complaint is not legitimate the 56 case will be closed without agreement with the complainant. Any response will be communicated clearly either orally or in writing, and a grievance case will only be closed when an agreement with the complainant is reached. • VGs will be offered access to third party legal advice, through a qualified lawyer; this lawyer will be available at the PIU; legal advice will be at no costs; information on the possibility of access to legal advice will be communicated to the affected people; 8.1.2 Grievance Registration and Monitoring Grievance registration will be possible: • At the village level with the registration done through the Duruma Council of Elders; • At the PIU Community Liaison Office, to be established at the Project site who will forward all the grievances to the Duruma Council of Elders; Grievances will be registered within 7 days of receipt and a response will be provided to the aggrieved party in 30 days or less. Closure of a grievance does not automatically mean that the complainant is satisfied with the action taken (i.e. in cases where a complaint is not justified). Closure means that the complainant agrees that action has been taken to address the grievance without being necessarily satisfied with the outcome. 8.1.3 First Level: Duruma Council of Elders The Duruma community is deeply traditional and observes a historical way of life based on clan system. Durumas are part of the Mijikenda and comprise of 14 clans who are guided by Duruma Council of Elders. The Council of Elders is a supreme body that plays a significant role among the Duruma and is widely respected. They have the mandate to resolve conflicts including land related conflicts; natural resources related conflict e.g. pasture; interclan conflicts; among others. The Duruma Council of Elders also presides over rights of passage including circumcision, marriage rights among others. 57 Box 2. Duruma Council of Elders The Duruma Council of Elders is composed of people of good reputation and who have knowledge of customs and culture of the Duruma. Each of the two clans i.e. Arima and Amwezi constitute their individual council independent of the other. These two separate councils can only congregate together during a major occurrence that affects all the Dururnas. Council members are not elected, as long as one has a good reputation in the society and is regarded as impartial then he is welcomed in the council. Women are not part of this forum. There is no term limit, one serves until they are too old and retire on their own volition or when they die. The other way to be removed from the council is if a person's reputation becomes negative, then the council members will not involve them in council matters. The person may not be formally informed that he is no longer a council member, but will not be informed of meetings and decisions made, basically he is side-lined. Council of Elders say/decisions is strongly respected. In case a person defies their decision, the person will be fined and/or banned from attending any social functions e.g. burials, marriages or any other function that brings the community together. The person is may be excommunicated from the community. This VMGP prefers the first level of grievance or conflict redress to be handled by the Duruma Council of Elders as an organ that has been part of Duruma culture and engaged in resolving all forms of cultural disputes. Grievances not resolved by the Duruma Council of Elders will be taken to the second level-judiciary. An integral part of the grievance mechanism (GM) is a defined way for VGs to bring questions or concerns about project activities to the project proponent, and receive prompt responses in a consistent and transparent manner. In order to comply with these standards, the GM will be: • Legitimate; • Accessible; • Equitable; • Transparent; • Consistent; • Adaptively managed; and • Dialogic. In order to fulfill the above criteria, the GM by the Duruma Council of Elders will: • Respect the confidentiality of all parties and accommodate anonymous complaints as much as reasonably possible; • Impose minimal restrictions on the types of issues to be raised under the GM; • Take steps to protect aggrieved parties from retaliation; • Communicate the GM process with stakeholders clearly, appropriately, and broadly; • Provide multiple points of access; • Involve stakeholders in the GM design and ensure it is culturally appropriate; • Ensure stakeholder feedback informs the development and ongoing management of the GM; • Maintain the grievance register; 58 • Monitor and report on outcomes to the community to ensure accountability and communication; and The GM that conducted by the Duruma Council of Elders is not intended to replace state judicial or non-judicial recourse, but offers an alternate means of dispute resolution that is efficient, immediate, and at a low cost to both stakeholders and the project. 8.1.3.1 Grievance Management Team The Duruma Council of Elders and CDA/PIU will be responsible for rece1vmg complaints, distributing responses and acknowledgements, liaising with complainants as needed, and maintaining the grievance register and grievance forms. The dedicated project social manager from CDA/PIU will be responsible; in consultation with the Duruma Council of Elders will be responsible for assessing and managing grievances. The Duruma Council of Elders will also be responsible for assigning and managing grievance investigations through close-out. 8.1.3.2 Grievance Management Process- There are seven general steps in the GM process that will be followed by the Duruma Council of Elders. These are illustrated in below. 59 Figure 2 general process steps in the grievance mechanism 8.1.3.3 Receive and register VMGs will be able to register a complaint (including comments, questions, disputes, and concerns) to the Duruma Council of Elders or the PIU through any of the following means: 60 • Text message to a dedicated number given to the Council of Elders (publicized on the BID and presented at every meeting) • Phone call to a PIUs dedicated number (publicized on the BID and presented at every meeting) • Email to a dedicated address (publicized on the BID and presented at every meeting) • Verbal statement (signature or signed and dated) to translator, PIU, or other third party scribe • Written statement delivered to project office (provided form optional) • Written statement deposited in a dedicated drop box in a designated location(s) (provided form optional) • Due to high level of illiteracy among Duruma, especially women who also traditionally they are not very present in the community affairs, to accommodate their access and filing of complaints if they have any during compensation, once a week, the Duruma Council of Elders will reside in an affected village together with the Grievance Committee to collect verbal complaints if any Received complaints will be registered daily in the grievance register, an electronic spreadsheet database. For each complaint registered, a case number will be assigned and a grievance form will be completed if the complainant has not already done so. Grievance forms will be scanned and electronically filed, and a hard copy given to the complainant. 8.1.3.4 Assess and assign Upon registration, the Duruma Council of Elders will conduct a rapid assessment of the nature and severity of the grievance. Simple complaints that can be easily resolved will be fast tracked for response and resolution within several days. 8.1.3.5 Acknowledge Within 24 hours of registration, complainants should be informed that their complaint has been received and their case registered. Acknowledgement is done by the PIU Staff and Duruma Council of Elders, and should be communicated via text or phone call, followed up with a hard copy of the grievance form. In the case of anonymous complaints, acknowledgement will be posted in the designated community notice board location(s). These may be co-located with the complaint drop box(es). At a minimum, these will be posted outside the fence, as well as at the project office. 8.1.3.6 Investigate Simple complaints may be fast tracked for immediate response by the Council of Elders and communicated through the PIU. 61 Yes Yes Figure 3 Complaint fast track points Throughout the investigation, cultural sensitivity to the way in which the complainant experiences the issue is crucial to achieving a successful outcome, in addition to simply establishing the facts of the complaint. 8.1.3.7 Respond Upon conclusion of the investigation, the Council of Elders will develop a provisional 62 proposal that is culturally appropriate, and both reasonable and proportionate to the grievance. Initial responses should be developed and reviewed internally, as resulting resolutions may affect policies or set precedence for future complaint responses. The Council of Elders, along with a CDA/PIU staff, will then meet with the complainant to discuss the provisional proposal and consider any alternative remedies. The complainant then may accept the proposed resolution, reject it, or consider alternative remedies. The final agreed resolution should be specific, time bound, and mutually agreed by both parties. If the resolution is not self-executed, a monitoring plan must be included. In the event that the complaint is found to be unsubstantiated, the grievance manager will explain the reasons as found during investigation, and may suggest other possible recourse for the complainant. 8.1.3.8 Follow up and close out Upon agreement or resolution, the final process step of the grievance mechanism is to implement the resolution and any appropriate monitoring of outcomes, and then close out the grievance. Following verification that the agreed resolution has been implemented, the PIU will note the resolution particulars and close out date in the grievance register. If appropriate, involved parties may be asked to give feedback on their experience of the grievance mechanism process and outcome in order to improve the GM. Close out and documentation of results will be done in cases where no agreement has been reached, and the parties' evaluation of the GM process should be requested. 8.1.4 Second Level: Resort to the Justice system In case this mechanism will not allow an amicable agreement to be reached, the complainant or the defendant can resort to the Justice system (courts) .. and could at any time in the grievance process. 63 9 MONITORING AND EVALUATION This chapter describes the mechanisms and benchmarks appropriate to the project for monitoring, evaluating, and reporting on the implementation of the VGP. The monitoring and evaluation mechanism includes arrangements for the free, prior, and informed consultation with the affected VGs. The framework also identifies organizational responsibilities in terms of monitoring, supervision, and evaluation procedures. 9.1 OVERVIEW The monitoring is to assess the overall success of the VMGP and the effectiveness of the various processes and measures. Monitoring activities will comprise three main components: • Internal monitoring • External monitoring (by external experts); • VMGP completion audit (by one or more international experts) The internal monitoring process will run as part of day to day PIU activities by the PIU teams. External monitoring is intended to provide an independent, third party, objective assessment of the on-going project implementation to ensure that the Project is meeting international standards for compensation and resettlement. The monitoring & evaluation team in collaboration with representatives of affected people will select final outcome indicators by the start of Year Q. A stratified sample of about 20% of the vulnerable groups will be used consistently for outcome measurement. The stratification process will ensure that all sub-groups are adequately represented in the sample. The completion audit will verify full, comprehensive and transparent implementation of the project according to international policies. 9.1.1 OBJECTIVES OF MONITORING The overall objectives of monitoring is to verify the following points: • Actions and commitments described in the VMGP and project are implemented fully and on time; • The vulnerable groups understand their rights; • Vulnerable groups receive their full compensation for losses of cultural resources within the agreed time; • Cultural restoration measures are effective with regard to and views of the VG; • Complaints and grievances expressed/submitted by VGs are followed up and resolved and that, where necessary, corrective actions are implemented; • If necessary, changes in procedures are made to improve delivery of assistance to VGs; needs for changes would be noted largely by the monitoring and evaluation results and through consultation ofVGs 64 The overall responsibility of monitoring is with CDA/PIU staff who will receive training with regard to monitoring techniques and recording of monitoring results External experts will be hired for external monitoring (evaluation) where applicable. 9.1.2 M&E APPROACH The following monitoring and evaluation approach will be used, whereby different levels of monitoring and evaluation are used • Internal progress (Input/output) monitoring: measures whether inputs are delivered on schedule, and their direct measurable results, for instance • Lost places of worship/shrines/ re-established • Graves and burial re-established • Vulnerable families relocated within their own clans Monitoring will also seek to document and investigate specific conflict or hardship situations arising from the implementation of the VMGP. Monitoring keeps track of VMGP implementation efficiency and indicates whether changes have to be made to make the program work more efficiently. Progress monitoring is done internally by the Project at a frequency determined by the VMGP for every indicator. For this VMGP, participatory elements are integrated in the monitoring process, e.g. interviews and focus group discussions. • Outcome evaluation defines the extent to which the project is achieving or likely to achieve the objectives. Re-establishment of traditional worship shrines or graves is an example of outcome. Outcome evaluation, combined with output monitoring results, will indicate whether the program is genuinely working and should continue to be implemented as planned, or whether some fundamental changes need to be made. Outcome evaluation looks beyond numerical compliance to the longer-term impacts of program inputs and outputs, do determine what works and what does not work, and what needs to be changed. Outcome evaluation will be done by an independent entity during project implementation. • Audit of compliance and completion: Defines whether the VMGP and applicable requirements have been complied with, and if the implementation can be deemed complete. 9.1.3 INTERNAL MONITORING Internal monitoring will verify progress and analyse relevant issues at regular intervals (e.g. quarterly) in order to provide information for necessary updates of the project implementation. 65 d Evaluation nat worship shrines (Kayas) located within the project area ted Kayas must be Kayas relocated and re- Throughout the pre- Prior to MEWNR MEWNR, CDA and 3ted in and following established construction phase construction Kwale County raditional systems and and ends when Kaya works Government of conducting the Elders are satisfied !SS. and have relocated Compensation for the shrines Elders indicated that ceremonies and rituals for would oversee the relocating the Kayas !SS of re-locating the provided but would need 1ensation mainly 1rces to obtain bulls vould be slaughtered in to appease the spirits ;:! the relocation who l be disturbed. Ceremony held to signify full ceremony for new Kaya sites 3ting the shrines exists Kaya elders would Written attestation by Kaya Jct the ceremony prior Elders on satisfaction with Jmmencement of any compensation md burial sites The Duruma people have a lot of reverence for the dead and therefore their graves are well munal burial sites, which Is a common way of resting the departed In this community. They also, as much as t>nns of religious worship, have deep attachment to the traditional worship and the shrines are crucial in their g1aV~:S/UUI and burial sites Throughout the pre- Prior to MEWNR MEWNR, CDA and fied as affected will be relocated construction phase construction Kwale County 3ted using the Duruma and ends when works Government ·al practices and Affected Families, !dures. The council of Compensation for Council of Elders, s will lead in the ceremonies and rituals for Kaya Elders are !SS of relocation, which relocating graves provided satisfied and have ceremony with rituals relocated the graves participation of the 'rnmm11nih1 Written attestation by Physical observation to All families whose dead will affected families, council of ensure that affected be disturbed will be elders on satisfaction with graves and burial sites compensated (monetary) for compensation and are relocated to the the disturbances and relocation process satisfaction of the emotional strife, and the Durumas affected before project will meet all the costs any construction works related to relocation of the begin graves including those associated with rituals and ceremonial processes. Impact: Disruption of familial linkages, ties and family set up Monitor relocation The project will ensure that Relocation Plan showing all Throughout the pre- Prior to MEWNR MEWNR, CDA and processes against the all those homesteads that Vulnerable Groups affected construction phase construction Kwale County RAP including the will be physically displaced by clan and where they will and ends when works Government implementation plan will be resettled within their be resettled. Affected Families, clan in order to retain Council of Elders, Physical monitoring of membership and ensure Physical map showing the Kaya Elders are the relocation exercise to continuation of cultural and clans in the project area and satisfied and have ensure that homesteads clan based linkages. in proposed relocation sites been relocated in affected are relocated areas where they are within their clans and Affected VGs resettled together as a family families within their families %Total relocations made within agreed time Confirmati9n and attestation in written form by Duruma Council of Elders, Local Administrators and Clan Elders that homesteads have been relocated next to their kinsmen Impact: Disruption of clan related linkages, ties and structures/Social Bonds Physical monitoring of The project will ensure that Relocation Plan showing all Throughout the pre- Prior to MEWNR MEWNR, CDA and the relocation exercise to all those homesteads that Vulnerable Groups affected construction phase construction Kwale County ensure that homesteads will be physically displaced by clan and where they will and ends when works Government affected are relocated will be resettled within their be resettled. Affected Families, within their clans clan in order to retain Council of Elders, membership and ensure Physical map showing the Kaya Elders are continuation of cultural and clans in the project area and satisfied and have clan based linkages. in proposed relocation sites been relocated in areas where thE!}'_ are 67 Affected VGs resettled together as a family within their families %Total relocations made within agreed time Confirmation and attestation in written form by Duruma Council of Elders, Local Administrators and Clan Elders that homesteads have been relocated next to their kinsmen Impact: Loss of grazing/pasture land and fishing areas Alternative business and Throughout the pre- Prior to MEWNR MEWNR, CDA and income generating activities construction phase construction Kwale County will be initiated for the fisher and ends when works Government folk until the dam and Affected Families, reservoir is filled up to allow Council of Elders, for fishing to occur in the Kaya Elders are reservoir. satisfied and have been relocated in areas where they are together as a family Impact: Loss of Land Monitor relocation All land owned collectively Compensation of Duruma Throughout the pre- Prior to MEWNR MEWNR, CDA and processes against the or individually by the for land acquired as per OP. construction phase construction Kwale County RAP including the Duruma that will be acquired 4.12 and livelihood and ends when works Government implementation plan as a result of the project will restoration including cultural Affected Families, be compensated based on way of life achieved Council of Elders, the findings of the RAP and Kaya Elders are Physical monitoring of in accordance with OP. 4.12 %Total compensations satisfied and have the relocation and made within agreed time at been relocated in compensation exercise agreed cost areas where they are to ensure that together as a family homesteads affected are relocated in line with OP. 4.12 Impact: Consultation and Grievance Monitor grievances and Establish a functional and Do VGs understand the Prior to construction Prior to MEWNR MEWNR, CDA and complaints from VGs culturally appropriate process of land acquisition/ phase, during construction Kwale County about the project prior to grievance and feedback compensation/ livelihood implementation. works and Government implementation, during redress mechanism for the restoration measures? through out implementation and post vulnerable groups ~---·- ·-- project 68 project Resul~s of routine interviews construction withVGs phase Do VGs understand avenues for expressing grievances? Results of routine interviews with VGs What types of grievances have been issued and how have these been resolved? Summary of input from Grievance Procedure and routine interviews with VGs: factual information. Number and type of complaints received, response times, and feedback from stakeholders about their satisfaction with the process. Performance Against Schedule Monitor implementation Development of a Program Payment of compensation Prior to construction Prior to MEWNR MEWNR, CDA and ofVMGP as per schedule Implementation Plan and and delivery of livelihood phase, during construction Kwale County schedule restoration measures % implementation. works and Government complete through out project Grievance process: no. of construction grievances phase received/responded/resolved Consultation activities: records of meetings, discussions, interviews, etc. Overall Benefits to Vulnerable Group Prior to construction Prior to MEWNR MEWNR, CDA and phase, during construction Kwale County implementation. works and Government through out project construction phase 69 10ANNEX: 10.1 ANNEX 1. MINUTES OF MEETINGS WITH VULNERABLE AND MARGINALIZED GROUPS 70 Public Consultation Meeting at Fulugani on 9th April 2014/Minutes of the public baraza held at Fulugani Primary school Present; • Mark Owuondo Consultant (RAP Team Leader) • Liya Mango Consultant (GIS Specialist) • Lydia Olambo Consultant (Gender Specialist) • Pauline Makhoha Consultant (Gender Specialist) • Tito Kodiaga Consultant (World Bank) • Fauziah Mohammed CDA • Mkalla Mwero CDA • William Fonda CDA • Charles Loktari CDA • Stakeholders as per attached attendance list. 1. Introduction This public baraza took place at Fulugani Primary School grounds. It was attended by diverse project stakeholders that included women and the youth as well members of the Duruma Council of Elders, potential project affected persons and the local administration officials. The meeting was preceded by prayers led by Stephen Mwachiti chairman of the ad hoc dam committee. The consultants and CDA officials then introduced themselves to the assembled stakeholders. They then went on to explain their presence at the locality. The public was made aware that the consultants were there to undertake an inventory of assets belonging to the community. Mr. Mkalla Mwero and Fauzia Mohammed made the presentation in that regard, informing the residents about the intended benefits of the proposed project. The consultants then informed the baraza on the processes they would follow while conducting the RAP and ESIA exercise. Discussions The community members present were urged to give their views on the project, which of the consultative exercise is tabled below· • We use our land for farming and The owner of land that is acquired will be pasture for our animals. If our land fully compensated for it to enable them get IS · what will we leave on? a similar elsewhere. • There are family graves in our land; It was acknowledged that indeed some won't this proposed project affect graves would be affected. Elders and Kaya them? members offered the solution that the graves would be re-buried at another location after a cleansing ceremony was done. They would ensure that these affected · · re-burial 71 with the proponent absorbing the costs. • By .. acqumng land here for the The project proponent is aware of the close project, family and social linkages ties families have. It does not \expect to may be interfered with? How can relocate affected persons too far from their this be avoided? kin, it hopes the PAPs will be accommodated within their kin hence no social destabilization in a big scale is expected. • There are concerns that the darn The project proponent has foreseen that and may result in deterioration of public put mitigating mechanisms in place to curb health. Water borne diseases may any potential upsurge of disease. The increase together with malaria. implementer will also sensitize the public on the benefits of proper sanitation. • Workers from outside the All in-migration workers will be furnished community engaged in construction with an ethics code on how to interact with may bring with them alien cultures, the locals in a respectable manner. which may corrupt our youth. • Aside from compensating us for The project will provide access to quality involuntary displacement, is there water regularly. The proponent will also any other way the project will come up with measures to restore benefit us? livelihoods. • Is there a grievance redress There is a grievance redress mechanism in mechanism system in place and will place which with corporation from the it be effective? PAPs is expected to handle any issues fairly. • Why is the irrigation command area The area is put at 1OOha as it is going to be only 1OOha? This is too small an for learning purposes. Once it is confirmed area. as a viable investment, 2500ha will be put under full irrigation. • Will my whole land be affected? Only the area that is below the 1OOm contour mark will be affect, those with properties higher than the watermark will not be affected. • Will the dam project provide jobs The project will aspire to create jobs for the for our youth? youth and women during construction. • There are some who depend on the During the R A P exercise all affected river for livelihood e.g. stone persons will be enumerated. Those whose quarrying and sand harvesting, will livelihoods are affected will be they be compensated for loss of compensated for loss of livelihoods and a livelihood. livelihoods restoration mechanism will be constituted. • Will the project come with Mwache Darn project will not be used to electricity supply component? The generate electricity, the request is however locality lacks power. noted and the implementers will liaise with relevant governmental agencies to request them to assist. 72 Conclusion The meeting ended at 1:30 pm with a word of prayer from an elder. The community resolved to support the project to its conclusion and stressed the need for them to be involved in all aspects of the project. Recorded by- Beatrice Githinji Approved by - Mark Owuondo 73 Minutes of meeting with Administration Chiefs at the District Officer's office on 8th May 2014 Present • Chief Benson Kalimbo Kokoi - Chief Kasemeni Location • William Kamana Nyumba- Asst. Chief - Mazeras • N gala M Kitangalia - Asst. Chief- Mnyenzeni • Msambala Mwabakari Mumba- Asst. Chief- Mwamdudu • Charles Mbuje - Asst Chief- Chigato • Mark Owuondo - TTR • Liya Mango- TTR • Lydia Olambo- TTR • Pauline Makhoha - TTR • Tito Kodiaga- World Bank • Fauziah Mohammed- CDA • Mkalla Mwero- CDA • William Fondo- CDA Purpose of meeting The meeting was convened to inform the area local administration of the intended project and have their views as to the same. The chiefs were also requested to inform the area residents of the project and to mobilize them as well to attend a public stakeholder meeting as would be scheduled. Proceedings The meeting commenced at 3:00 pm by a prayer from Asst. Chief Ngala Kitangalia. Those in attendance then had an opportunity for self-introduction after which the CDA officials were requested to inform the administrators as to the reason for the meeting. The Chiefs and their assistants were comprehensively informed of the need for the project, and were reminded that as stakeholders in the community their views would go a long way in giving the project big support or make it difficult for the project to achieve intended goals. Discussions The discussions were consultative in nature and raised the issues tabled below that the project proponents and consultants responded to: Comments/Queries Resuonse When is the project meant to commence? As soon as all relevant mechanisms are in place including resettlement of displaced persons. Title deeds have been given to some land The Chiefs should advice the landowners owners but give acreage that is perceived to get surveyors and have proper survey as erroneous, how do we verify? done in their presence. They should also lodge any queries with the lands office. 74 Will potential host communities accept the Yes, the community is made up of kinsmen families affected? so they will accept them. There is the potential of disrupting social Those who will be involuntarily displaced networks with displacement. are to be resettled within the county and in the location hence minimal disruption is expected. What mode will compensation take? Compensation will be as per the choice of the individual PAP. It may be in money form or as an asset equivalent. How will the young or the very old or Child-headed households and those headed sickly be compensated? by the very old fall under the vulnerable and marginalized groups. As such there is separate plan especially for them to ensure they benefit from the project. Will the local populace be considered for Youth and women as well as all able- jobs? bodied persons will get an opportunity to work on the project. The implementing agency will work closely with the local demography at all times. What will determine compensation rates? Compensation will be determined at the rates prevailing in the area at that moment. How will the area to be submerged be Technical details have put the high water determined? mark at lOOm contour. Beacons have also been erected to mark that area. Who will monitor the progress of the The implementer has an in-built monitoring project to ensure it is positive? & evaluation section that will be activated when the project is commencing i.e. from inventory of loss of assets to project de- comm1sswmng. Conclusion The meeting ended at 5:30pm with a closing prayer and the Chiefs promising to mobilize the community for the public baraza. Recorded by- Beatrice Githinji Approved by - Mark Owuondo 75 Minutes of Meeting with Kwale County Executives at County headquarters on sth April2014 Present: •!• Mkalla Mwero - County coordinator and representative of CDA m Kwale County. •!• Fauziah Mohammed- CDA •:• Lydia Olambo TTR •!• Liya Mango - TTR •!• Mark Owuondo - TTR •:• Tito Kodiaga World Bank •!• Pauline Makhoha - TTR •:• Patrick Msami CEC - Community development, Youth, Women and Social Services. •!• Hemed Mwabudzo - CEC Decentralized Governance Introduction The meeting opened with a word of prayer by Mkalla Mwero and commenced at 9:00am at the office of CEC Patrick Mtsami. Proceedings A short period of self - introduction ensued to allow those present an opportunity to familiarize themselves. Purpose of meeting Mwache Multipurpose dam is a project with diverse stakeholders. The county government is a major stakeholder in the project thus without involving Kwale County Government in consultations would have led to difficulties in conducting the consultations in their jurisdiction. As a matter of protocol, activities cannot be conducted in any County in Kenya without the knowledge of the County Governments and even the National Government. Issues and concerns that arose from the discussion are tabled below; Comments/Queries Resoonses Resource i.e. the river Mwache is in Kwale The fear is valid. There is a component in County yet its neighboring Mombasa the project that will address this ISSUe county that will benefit. Where is equitable Kwale Water and sanitation project as well distribution of resources? as the irrigation component. Project fatigue: There lS a feeling of The project is on course and in the near fatigue. The project has taken long to start future will be implemented. and there is doubts as to if it will do take off. The officials asked why the irrigation This size identified is a pilot scheme to see command area was just 100 ha. They felt whether the irrigation will be feasible if this was too small an area. applied in large scale. The pilot would aid in gauging capacity of the community as 76 well as find out the economic viability of the same. We are aware of the project, but do not The project is a multipurpose dam whose know its components. Can you articulate waters will be used to serve Mombasa them? county vta bulk water transmission. It includes the dam reservou, bulk water transmission pipe to Mombasa and a waste water treatment plant in Mombasa. An irrigation component is also included. Why is there no component for electricity? The logistics involved and the resultant The county has a dire shortfall in supply. costs make it difficult to include an electricity generation component as it is now. Projects of such magnitude bring m- Project implementers will sensitize workers migration. Won't this strain the who are not from Duruma on how to environment m regards to resource interact sensibly with the host community utilization? to minimize conflicts and allow effective and sustainable use of available resources. A HIVIAIDS and other STis awareness campaign will also be mainstreamed. Will the local population be involved The project will provide skilled and during construction? unskilled jobs during and after construction. It is envisaged that project area residents will be given priority when jobs are allocated, this would go a long way m aiding livelihood restoration especially among those affected directly by the project. Conclusion The meeting ended with the resolution that at all the different stages of the project; the County Government should be involved in the implementation process. The meeting ended at 10:00 am. Recorded by - Beatrice Githinji Approved by - Mark Owuondo 77 Minutes of meeting held with the Youth at Mnyenzeni grounds on 9th Apri12014 Present; • Mark Owuondo Consultant (RAP Team Leader) • LiyaMango Consultant (GIS Specialist) • Lydia Olambo Consultant (Gender Specialist) • Pauline Makhoha Consultant (Gender Specialist) • Tito Kodiaga Consultant (World Bank) • Fauziah Mohammed CDA • Mkalla Mwero CDA • William Fonda CDA • Charles Loktari CDA • Youth Members Introduction The consultants invited the Youth to an exclusive sitting away from their parents. The meeting was opened by a prayer from one of the members present. Members present were then accorded an opportunity to introduce themselves briefly. Purpose of the meeting The Youth make up a large part of the community's demography. As such they are vital stakeholders in any project. Those present were reminded that they were representatives of their colleagues who were unavailable; they were encouraged to air their views on the proposed project freely as they would play an integral part in the realization of the project benefits both during and after construction. Discussions The consultative discussion so a number of comments and views raised by the Youth present; a summary of which is tabled below; Comments/Queries raised Response • Some of us do stone quarrying and The completed dam will result in benefits sand harvesting on the river; won't that outweigh what they are engaged in at the completed dam render us the moment. With the dam operational they unemployed? would be able to engage in high value crop farming, fishing income would increase and recreation as well as tourism activities would be available to which the youth would be best suited. • Will the proponent utilize local The project intends to utilize local labour labour or will this be sourced from and will give the youth first priority in outside the community? allocation of jobs both skilled and unskilled. With the skills they will acquire from the construction of the dam they would then be able to diversify their employment chances. 78 • Will we be compensated for assets They were informed that any who had we have developed in our parents developed any assets on their parents' land? property would get full compensation recorded separately after an inventory of loss of assets has been carried out. The law provided for them to be compensated separately on their rights to development on the affected land parcels. • We are concerned that the project The project will reconstitute any social or may disrupt our social lives, access infrastructural amenity that may be affected to our friends and family may be hence social network disruption may be impeded e.g. if the roads are minimal. submerged. • We are worried that this project will The implementer will ensure that any lead to spread of HIVI AIDS and external workers will respect the local drug abuse specifically because of community. Negative interaction will be the interaction of external workers curbed and awareness on HIVIAIDS and and our people. drug abuse increased. • What do we do in case we have a The project will establish a resettlement dispute on how to share and gnevance management committee, compensation proceeds or if we are which will handle all disputes related to not satisfied with the compensation compensation. These committees will provided? include the council of elders and kaya elders as well. However, the project will consult widely with the traditional structures and systems on how to handle such cases Conclusion The meeting concluded with the resolution that the issues raised by the Youth would be given consideration and incorporated in the project. The youth also requested to be involved in all aspects of the project for its betterment. There being no other business, the meeting ended with a prayer from Suleiman Dalu. Recorded by- Beatrice Githinji Approved by - Mark Owuondo 79 Minutes of meeting held with Kaya Elders at Fulugani Primary on 9th April2014 Present; • Mark Owuondo Consultant (RAP Team Leader) • LiyaMango Consultant (GIS Specialist) • Lydia Olambo Consultant (Gender Specialist) • Pauline Makhoha Consultant (Gender Specialist) • Tito Kodiaga Consultant (World Bank) • Fauziah Mohammed CDA • Mkalla Mwero CDA • William Fonda CDA • Charles Loktari CDA • Kaya Elders Constitution The Kaya elders have a strongly held traditional culture, which requires any meeting to start with a prayer. One of the elders prayed before the meeting commencing. The attendants of this meeting were then given an opportunity to introduce themselves so that all would be familiar with each other Purpose of the meeting The Kaya is the spiritual home of the Duruma. A kaya elder is thus a much-respected member of this society. As such being fundamental stakeholders in the proposed project, the consultants had to seek their views (Kay a elders) in regard to the same. This Kaya is known as Mtswakara and it is composed of two villages i.e. Fulugani and Miyani. The main agenda was to discuss matters of a cultural nature of the local community that would be affected by the proposed project. The elders were encouraged to provide guidance on how cultural issues should be managed to ensure the project good will from the community. Proceedings The leader ofKaya Mtswakara, Shaban Ndegwa started by giving a brief overview ofthe Kaya. Below is a summary of the same; • The Kaya is sacred forest where the people can communicate with their deity. • Land is owned communally • Graves can be moved after cultural rituals involving the Kaya Elders have been performed. This issue has not happened within the area of the project for a long time but the Kaya elders will be able to go through the procedure if the need arises. • Widowed women have fights over property especially where they have young children. 80 • Kaya elders are the ones who sit and resolve disputes within the community. It is only when it is not possible to have a resolution that matters are taken to law courts. • The Kaya elders perceive their land as marginalized. The rate of development in their area is low hence the perception. • The Duruma are keeping their identity and culture even as they get to embrace modernity. • They dress in their traditional clothing when they pray for rain. • Not all of the community members can be Kaya Elders. To be a kaya elder a very rigorous vetting ritual before induction. • Are there restrictions on inter-clan marriages? No, the restrictions may only arise if the clans are having a dispute. • Kaya Elders requested the project proponent to acquire land and build for them in case of resettlement. They fear that jealousy may arise in the community and thus push the prices of land beyond their means. • Kaya Elders are informed or consulted before entering the kaya. One needs to be in the company of them. • Kaya membership is open to both men and women. Discussions During the discussion key issues and queries and comments were raised by the Kaya elders to which CDA officials present as well as the consultants responded satisfactorily to as seen on the table below: Comments/Oueries raised Resoonse • The kaya members were After consulting with them it was decided apprehensive as to what would be that special ceremonies/rituals would be done to graves within the impound conducted before exhuming the graves and area. re-burying. These ceremonies would be conducted at the project implementer's cost. Families whose graves will be affected would be compensated at a later to be agreed cost. • There are special caves within The shrines and spirits or' Mizimu' will be Mwache River that are used as relocated after special ceremomes are prayer shrines, if affected what carried out for cleansing purposes. The happens to them. process will be undertaken at the project implementer's expense. • The Kaya members wanted to know The implementer IS going through the the start date of the project. A process to identify project-affected persons number of visits and studies have and compensate them before commencing already been done but they see no construction. The groundwork is expected groundwork commencing. to start in 2017. • The kaya members expressed The implementer envisages that those concern that the project may disrupt PAPs who will be involuntarily displaced their people's close-knit lives due to will be relocated within clan areas hence no 81 displacement. social-network disruptions will occur. • Will the community's youth and The implementer of the project is keen to able-bodied get an opportunity to be have the local community members engaged in jobs when the project engaged positively m the construction commences. process. They will ensure that the community gets first priority m job allocations whenever possible. • Will the project have other services The project as at this stage does not have such as schools or hospitals? these components but the implementer will liaise with other government agencies to bring more of such services to the community. Conclusion The discussion ended with the Kaya members giving their support to the project and promising to inform members of the community on the projects benefits. Recorded by- Beatrice Githinji Approved by - Mark Owuondo 82 Public Consultation Meeting at Mnyenzeni on 9th April 2014/Minutes of the Public Baraza held at Mnyenzeni grounds. Present; • Mark Owuondo Consultant (RAP Team Leader) • LiyaMango Consultant (GIS Specialist) • Lydia Olambo Consultant (Gender Specialist) • Pauline Makhoha Consultant (Gender Specialist) • Tito Kodiaga Consultant (World Bank) • Fauziah Mohammed CDA • Mkalla Mwero CDA • William Fonda CDA • Charles Loktari CDA • Stakeholders as per attached attendance list. 2. Introduction The meeting was convened at Mnyenzeni in Kasemeni Ward. The stakeholder consultation started with a word of prayer at 2.30 pm. A moment of self- introduction followed which gave the area residents the opportunity to get to know those present. The area Chief Mr. Benson Kalimbo Kokoi then requested the project implementer CDA to inform the public on the purpose of calling the public baraza. Mr. Mkalla Mwero and Fauzia Mohammed made the presentation in that regard, informing the residents about the intended benefits of the proposed project. The attendees were informed that the consultants were on a tour of the proposed Multi-purpose Dam project area to conduct an ESIA as well as a Resettlement Action Plan exercise that would potentially impact on the locality. Being a consultative forum, the stakeholders had an opportunity to give their comments and/or queries in regard to the project. • How will the proponent determine Land would be compensated for at the rate of compensation for land prevailing area market rates. A similar and other property that would be approach would be taken for compensating affected? residential dwellings, commercial enterprises together with crops and trees that would be affected. • There are graves in the project area, With guidance from community elders & what happens to them in the event kaya elders, cultural rituals and rites would of involuntary displacement. be undertaken to ensure graves are given a re-burial. • Would compensation be money- Compensation would be undertaken as per based or in other form e.g. land for the preference of the affected person. land? • As the reservoir fills up there may Mitigation measures have been put in be risks to health. Diseases like place. Project implementer will ensure bilharzia and other water- ve measures are as well aid 83 borne ailments may increase. How in enhancing capacity of health facilities in will these be curbed? the area of the project. • There is a possibility of roads and New roads will be built together with other infrastructure being bridges where necessary. submerged • There are fears that social networks The project has no plans to disrupt the may be disrupted social networks. The project envisages to resettle those affected within their clans hence keep social networks intact. • Is there a grievance redress There is a grievance redress mechanism in mechanism system in place and will place, which with corporation from the it be effective? PAPs is expected to handle any issues fairly. • Why is the irrigation command area The are'a is put at 1OOha as it is going to be only 1OOha? This is too small an for learning purposes. Once it is confirmed area. as a viable investment, 2500ha will be put under full irrigation. • Will my whole land be affected? Only the area that is below the lOOm contour mark will be affect, those with properties higher than the watermark will not be affected. • Will the dam project provide jobs The project will aspire to create jobs for the for our youth? youth and women during construction. • There are some who depend on the During the R A P exercise all affected nver for livelihood e.g. stone persons will be enumerated. Those whose quarrying and sand harvesting, will livelihoods are affected will be they be compensated for loss of compensated for loss of livelihoods and a livelihood. livelihoods restoration mechanism will be constituted. • Will the project come with Mwache Dam project will not be used to electricity supply component? The generate electricity, the request is however locality lacks power. noted and the implementers will liaise with relevant governmental agencies to request them to assist. Conclusion The meeting ended at 5.30 pm with a word of prayer from an elder. The Ward Administrator Mr. Prisce Katana advised the residents not to fall prey to conmen who would want to buy their land cheaply as they speculate with it on project compensation rates. Recorded by Beatrice Githinj i Approved by - Mark Owuondo 84 Minutes of meeting held with Women at Fulugani Primary on 9th April2014 Present; • Mark Owuondo Consultant (RAP Team Leader) • LiyaMango Consultant (GIS Specialist) • Lydia Olambo Consultant (Gender Specialist) • Pauline Makhoha Consultant (Gender Specialist) • Tito Kodiaga Consultant (World Bank) • Fauziah Mohammed CDA • Mkalla Mwero CDA • William Fonda CDA • Charles Loktari CDA • Women Introduction This special group meeting was preceded by a word of prayer by one of the women, Margaret Mvuno. The chair then gave all present an opportunity to introduce themselves before the meeting fully commenced. Purpose of the meeting The assembled women were taken through the genesis of the proposed project by the proponent's officials as well as the consultants present. They were informed that the consultants were in their area to carry out an inventory of loss of assets as a component used to determine compensation for those among them who would be involuntarily displaced. The women were requested to give their candid views in order to ensure their interests would put under consideration. They were reminded that together with the children, they are considered vulnerable hence this was a major chance for them to influence decision- making. Since they were the ones who did most of the household duties in matters to do with water, they stood to benefit in several areas including time saving from meeting house hold water demands. This would give them time to look at other opportunities for income generation as well as socializing etc. Discussions The consultative discussion saw a number of comments and views raised by the women present a summary of which is tabled below; • Among us, there are women who The consultants and proponent officials depend on the river as a source of assured them that with the completion of livelihood, we harvest sand from the project more favourable and less the river and also use the river strenuous opportunities would arise. water to food . We will 85 lose our livelihoods with the project being implemented. • Our men own the land here, what Compensation for loss of land will be given happens to us if the men receive to all without discrimination of gender as compensation and use the proceeds clearly spelt out in our constitution. inappropriately? This would impact The project will also design gender specific negatively on our lives. income generating initiatives targeting women to reduce their vulnerability • How and who will take the The resettlement action plan team inventory of our assets? What comprises of enumerators who lead note all criteria will be used for assets that are affected in the presence of compensation? the owner. Compensation will be pegged on the prevailing market rates. • There are projects that come up and There may have been such occurrences in affected people are promised other projects but the women were assured compensation only to be displaced that would not happen in regard to Mwache without being compensated or the dam. All affected would be reasonably compensation is not adequate, will compensated and this would be done this exercise be similar? before they are relocated. • Would our youth be able to get jobs The implementer of the project is keen to once the implementation process have the local community members begins? engaged positively m the construction process. They will ensure that the community gets first priority in job allocations whenever possible. • Will the project have other services The project as at this stage does not have such as schools or hospitals? these components but the implementer will liaise with other government agencies to bring more of such services to the community. Conclusion The discussion ended with the women present promising to inform their colleagues on how the project would be of benefit to their lives. They also promised to galvanize support for the project in the community as a whole. Halima Mwero gave a vote of thanks and ended the meeting with a prayer. Recorded by ~ Beatrice Githinji Approved by Mark Owuondo 86 Public Consultation Meeting at Pemba Village on 1 May 2014/Minutes of the Public Baraza held at Pemba Primary School grounds. Present; • Mark Owuondo Consultant (RAP Team Leader) • LiyaMango Consultant (GIS Specialist) • Lydia Olambo Consultant (Gender Specialist) • Pauline Makhoha Consultant (Gender Specialist) • Tito Kodiaga Consultant (World Bank) • Mkalla Mwero CDA • William Fonda CDA • Stakeholders as per attached attendance list. 3. Introduction The meeting was convened at Pemba in Mwatate Ward. The stakeholder consultation started with a word of prayer at 11 :00 AM. A moment of self- introduction followed which gave the area residents the opportunity to get to know those present. The area Assistant Chief Mr. Nasib Chirima Mwingo then requested the project implementer CDA to inform the public on the purpose of calling the public baraza. Mr. Mkalla Mwero and William Fondo made the presentation in that regard, informing the residents about the intended benefits of the proposed project. The attendees were informed that the consultants were on a tour of the proposed Multi-purpose Dam project area to conduct an ESIA as well as a Resettlement Action Plan exercise that would potentially impact on the locality. Being a consultative forum, the stakeholders had an opportunity to give their comments and/or queries in regard to the project. • The land is under group ranch Compensation would apply to the system, who will get the individual utilizing the affected land area. compensation? Is it the group ranch members or individual utilizing the land? • Is the project implementer The project will wholly acquire the land intending to lease the land for mass needed and will give full prevailing irrigation pilot scheme from owners market rate prices for the acquisition. or will it · ? • Will compensation be monetary or Compensation would be undertaken as per land for a ? the ofthe affected nPrcnn • Where is this area identified for the The project studies identified an area of pilot scheme? Will the whole 1OOha by the river bank. Thus the village · be affected? will not be affected. • 1OOha is too small for an irrigation This is a pilot scheme meant to gauge the scheme, why not add? viability of the component. If it is deemed successful a full project taking in 2000ha will be rolled out. 87 • Will the irrigation system entail the The project has prepared an integrated Pest use of chemicals e.g. fertilizers? management plan that will be used to They could be harmful to the bio- mitigate such situations when the need diversity? would arise. • Since the land IS regarded as Compensation for loss of land will be given belonging to the household head to all without discrimination of gender as (mostly the man) how will the clearly spelt out in our constitution. project implementer ensure compensation will be beneficial to The project will also design gender specific all household members? mcome generating initiatives targeting women to reduce their vulnerability • In case I am not satisfied with the A grievance redress mechanism system has rate of compensation, what recourse been drawn up and will guide all PAPs do I have, the government is very when and if a grievance matter is noted. powerful? • Will the project provide job As a demonstration and learning facility opportunities for us? the project will be of benefit to all. During construction of check dams, jobs will be available both skilled and unskilled and the host community will get first priority. Conclusion The meeting ended at 1:00 pm with a word of prayer from an elder. The Ward Administrator Mr. Mwanjole counseled the residents to utilize the opportunity to learn new and better farming systems from the intended pilot irrigation command area. They were also advised to use what they get from compensation prudently for their own good. Recorded by- Beatrice Githinji Approved by - Mark Owuondo 88 10.2 ANNEX2.PHOTOGRAPHS 20140409_113318 20140409_113333 89 20140409_113536 20140409_123417 20140409_123427 20140409_123453 90 20140409 124110 ~_:;( 20140409_143638 20140409_143646 91 20140409_143747 20140409_143810 20140409_143815 92 20140409_144031 20140409_144043 '~ ., .· . . ... "' .. _ .. ' ·::s · . ., . ' ~ ~· T • ' ~(.\... ~ .... • ·... "' I 20140409_161005 20140409_161015 93 10.3 ANNEX 3. 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Figure 5 Demonstration Irrigation Site Map (Source: CES) 96 N Legend - - Mwache River - - Mwache Dam Axis Elevation Value High : 402 0 0.5 2 3 4 Kilometers w$ s CJ Reservoir Area Parcels CJ Demonstration Irrigation Scheme Low : O Figure 6 Detailed Project Area map (Source: CES) THE ~~ WORLD BANK - ..__.,.._uc 97