RESETTLEMENT AND ETHNIC MINORITY DUE

DILIGENCE REPORT

Output 3: Reconstruction and Rehabilitation of Existing

Facilities of the Marawi City Water District Outside the

Most Affected Area

Volume 1 – Main Text

Project Number: 52313-001

November 2019

PHI: Emergency Assistance for the Reconstruction and Recovery of Marawi City

This draft resettlement due diligence report is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature. In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area.

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ACRONYMS

ADB – Asian Development Bank AHs – Affected Households APs – Affected Persons ARRM – Autonomous Region in Muslim Mindanao BIR – Bureau of Internal Revenue BMCRRP – Bangon Marawi Comprehensive Rehabilitation and Recovery

Program BOL – Bangsamoro Organic Law CAP – Corrective Action Plan CLOA – Certificate of Land Ownership Award CHO – City Health Office DDR – Due Diligence Report DENR – Department of Environment and Natural Resources DPWH – Department of Public Works and Highways DP – Displaced Person EA – Executing Agency EM – Ethnic Minority EO – Executive Order ESSD – Environment and Social Safeguards Division GOP – Government of the Philippines GRM – Grievance Redress Mechanism HH – Household IA – Implementing Agency IDPs – Internally Displaced Persons IOL – Inventory of Loss IP – Indigenous Peoples IPHO – Integrated Provincial Office IPRA – Indigenous Peoples Rights Act LGU – Local Government Unit LWUA – Local Water Utilities Administration MOA – Memorandum of Agreement MCWD – Marawi City Water District NCIP – National Commission on Indigenous Peoples NCMF – National Commission on Muslim Filipinos NEDA – National Economic and Development Authority NGO – Non-Government Organizations NTH – Non-Title Holder PAP – Project Affected Person PIB – Public Information Booklet PCNA – Post Conflict Needs Assessment RA – Republic Act RCS – Replacement Cost Study REMDF – Resettlement and Ethnic Minority Development Framework REMDP – Resettlement and Ethnic Minority Development Plan RHU – Rural Health Unit RIC – Resettlement Implementation Committee SES – Socio-economic Survey SPS – Safeguards Policy Statement TFBM – Task Force Bangon Marawi UCCRTF – Urban Climate Change Resilience Trust Fund UDHA – Urban Development Housing Act

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GLOSSARY

Bangsamoro people

Those who, at the advent of the Spanish colonization, were considered natives or original inhabitants of Mindanao and the Sulu archipelago and its adjacent islands, whether of mixed or full blood, shall have the right to identify themselves, their spouses and descendants, as Bangsamoro (RA 11054, Organic Law for the Bangsamoro Autonomous Region in Muslim Mindanao).

Customary law

Customary law remained a primary means of maintaining traditional social order, as a thread running through kinship relations, social hierarchy, and dispute settlement. Customary law was and is in no way immutable: it exists side by side with, or is sometimes fused with, modern state practices.1

Cut-off date of eligibility Entitlement

Date of commencement of the census of affected persons within the project boundaries. Persons not covered at the time of census taking will not be eligible for claims of compensation entitlements. However, if the census exercise missed some eligible households or individuals, they shall be censused even after the established cut-off date. Range of measures comprising compensation, income restoration support, transfer assistance, income substitution and relocation support which are due to affected people, depending on the nature and severity of their losses, to restore their economic and social base.

Internally displaced persons

An internally displaced person (IDP) is someone who is forced to flee his or her home due to armed conflicts, natural calamities, etc., but who remains within his or her country's borders. In the Philippines, they are often referred to as evacuees. Internally displaced persons (IDPs) have fled their homes but have not crossed an international frontier.

Justice system in the Bangsamoro Land acquisition Non-titleholder

The Bangsamoro justice system shall be administered in accordance with the unique cultural and historical heritage of the Bangsamoro. The dispensation of justice in the Bangsamoro Autonomous Region shall be in consonance with the Constitution, Shariah traditional or tribal laws, and other relevant laws. Shariah or Islamic Law forms part of the Islamic tradition derived from religious precepts of Islam, particularly the Qur’an and Sunnah. Shariah shall apply exclusively to cases involving Muslims. Where a case involves a non-Muslim, Shariah law may apply only if the non-Muslim voluntarily submits to the jurisdiction of the Shariah court (RA 11054, Organic Law for the Bangsamoro Autonomous Region in Muslim Mindanao). The process whereby a person is compelled to relinquish ownership, possession, control or use of all or part of their land, structures or other assets to the project in exchange for cash or in-kind compensation. This includes land or assets for which the possessor or user enjoys customary or uncontested access but lacks legal title. For this project, compensation is based on replacement cost. NTH are occupiers of land assets who have no legal title for the ownership

1 Deinla, Imelda and Veronica L. Taylor. “Towards Peace: Rethinking justice and legal pluralism in the Bangsamoro”: Australian National University (2015, p.17).

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(NTH) of such assets. Typically, such persons are encroachers for the encroached portions or squatters who occupy public land for shelter or carrying out their livelihood activities, and others such as tenants.

Project affected person (PAP) Relocation Replacement cost Resettlement

Any person or persons, household, firm, private or public institution that, on account of changes resulting from the project, will have its (i) standard of living adversely affected; (ii) right, title or interest in any house, land (including residential, commercial, agricultural, forest, salt mining and/or grazing land), water resources or any other moveable or fixed assets acquired, possessed, restricted or otherwise adversely affected, in full or in part, permanently or temporarily; and/or (iii) business, occupation, place of work or residence or habitat adversely affected, with or without displacement. In the case of a household, the term PAP includes all members residing under one roof and operating as a single economic unit, who are adversely affected by the project or any of its components. This definition of a PAP is at variance with the definition of ‘affected person’ (AP) in ADB’s SPS, which uses the term to refer to an individual person in a broader project area, and specifically uses it in the context of disclosure, consultations, and the grievance redress mechanism. Otherwise, the SPS uses the term “displaced person” (DP). However, PAP, as defined here, is how the EA understands it, and used so in this document. Physical displacement of a PAP from his/her pre-project place of residence and his/her transfer to another place. Amount of cash or kind needed to replace an asset (i.e., land, private structure, crops and trees, public structure and common resource) after an acceptable value is methodologically arrived at. All measures taken to mitigate any and all adverse impacts of a project on a PAP property and/or livelihood, including compensation, relocation (where relevant), and rehabilitation as needed.

Vulnerable groups

Distinct groups of people who might suffer disproportionately or face the risk of being marginalized by the effects of resettlement and specifically include: (i) households headed by women, elderly, or disabled, (ii) households falling under the generally accepted indicator for poverty, (iii) landless households, (iv) people without title to land, and (v) ethnic minorities.

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TABLE OF CONTENTS

ACRONYMS ................................................................................................................. ii

GLOSSARY ................................................................................................................. iii

LIST OF TABLES ......................................................................................................... vi

LIST OF FIGURES ...................................................................................................... vi

LIST OF ANNEXES (Vol. 2) ......................................................................................... vi

Executive Summary ..................................................................................................... 1

Project Description ....................................................................................................... 3 A. Civil Works to be Undertaken ................................................................................ 4

B. Objectives of the Resettlement Due Diligence Exercise ........................................ 6

Summary of Impacts .................................................................................................... 6

Unanticipated Involuntary Resettlement and Ethnic Minority Impacts .......................... 17

Socio-Economic Information and Profile ..................................................................... 17 A. Demographic Profile ............................................................................................ 17

B. Income and Poverty Level ................................................................................... 18

C. Approaches Used to Identify Project Impacts ...................................................... 18

D. Result of the Socio-Economic Survey ................................................................. 19

1. Survey among Households ................................................................................... 19

2. Survey among Commercial Establishments .......................................................... 22

Social Impact Assessment ......................................................................................... 25 A. Dominant Ethnic Minority Group in the Project Area ............................................ 25

B. Identification of Potential Impacts ........................................................................ 27

Information Disclosure, Consultation and Participation ............................................... 29

Grievance Redress Mechanism ................................................................................. 34

Gender Strategy ......................................................................................................... 36

Institutional Arrangements.......................................................................................... 37

Implementation Schedule ........................................................................................... 39

Monitoring and Reporting ........................................................................................... 39

LIST OF TABLES Table 1: Pipe Size for Project ................................................................................................ 5 Table 2: Inventory/Count of Existing Structures along the Pipe Alignment .......................... 10 Table 3: Summary of Potential Impacts and Suggested Mitigating Measures ..................... 13 Table 4: Total Population and Number of Households per Barangay .................................. 17 Table 5: List of Primary Data Sources ................................................................................. 18 Table 6: Summary of the Collected Issues, Concerns and Responses During the SCM ..... 30 Table 7: Roles and Responsibilities of Agencies for Safeguards Implementation ................ 37 Table 8: Indicative REMDP Implementation Activities (if required) ...................................... 39

LIST OF FIGURES Figure 1: Area Covered by the Project .................................................................................. 4 Figure 2: Conceptual Design Map of Proposed Pipe Alignment (LWUA) and Road Rehabilitation (JICA) ............................................................................................................. 5 Figure 3: Map of Existing Alignment of MCWD Water Supply Distribution System (Source: Marawi City Water District) .................................................................................................... 8 Figure 4: Map of Bangon Area (Source: Google Earth) ......................................................... 9 Figure 5: Key Actors in the Current Justice System ............................................................ 27

LIST OF ANNEXES (Vol. 2)

Annex A: SCM Cluster 1 Minutes………………………………………….…………………… A – 01 Annex B: SCM Cluster 2 Minutes………………………………………….………………..…. B – 12 Annex C: SCM Cluster 3 Minutes……………………………………….…………………...… C – 20 Annex D: Stakeholders Consultation Meeting Plan……………………….…...…………… D – 27 Annex E: SCM Project Presentation………………………………………….…...………...… E – 33 Annex F: SCM ADB Safeguards Presentation ……………………………………….…….…F – 50 Annex G: SES Household Survey Form ………………………………………...………..…... G – 60 Annex H: SES Commercial Survey Form ………………..…………………………………... H – 68 Annex I: Draft Project Information Brochure ………………..……………………………...…... I – 71 Annex J: Environmental Management Plan ……………..………………………………...…... J – 72

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Executive Summary 1. The Asian Development Bank, through the Urban Climate Change Resilience Trust Fund (UCCRTF), is providing a grant to the government of the Philippines to support the implementation of the ‘Emergency Assistance for the Reconstruction and Recovery of Marawi Project’ (ERRM). One of its components is the restoration of water utilities, identified as a key urban service that is critical in the reconstruction and recovery of the city. The Department of Public Works and Highways (DPWH) is the Executing Agency (EA) and lead of the oversight committee. The Local Water Utilities Association (LWUA) is the implementing agency (IA) for the water supply component and will finance the: (1) reconstruction and rehabilitation of existing facilities of the Marawi City Water District (MCWD) outside the Most Affected Area (MAA); (2) preparation of a masterplan for water supply, sanitation and drainage systems for the whole of Marawi City comprising 96 barangays; and (3) conduct studies, capacity building, and project management. This resettlement due diligence report focuses on component 1 (the Project) which is the reconstruction and rehabilitation of existing facilities of the Marawi City Water District (MCWD) in the 19 barangays located outside the Most Affected Area (MAA). 2. The objective of the Project is to design a water system capable of providing a 24-hour water supply with a minimum pressure of 7psi. The pipe distribution system design based on the hydraulic model will include pipes with diameters from 50mm to 500mm. There will also be a need to replace the existing deep well pumps and motors in order to ensure the 7psi minimum pressure in the service area. 3. This Project is funded by ADB through a grant facility and will be implemented via a Design & Build (D&B) contractor starting first quarter of 2020 and ends by December 2020. As designed, this Project will cover only the 19 Barangays of Marawi City which are located within the service area of the MCWD. There is no land acquisition requirement and no resettlement impact. This resettlement due diligence report outlines the project activities that do not result in involuntary resettlement. 4. Impacts summary. Installation of new pipes on the existing road right-of-way will result in temporary inconvenience and disturbances during the implementation phase. Physical and economic displacement is not foreseen. As impacts are all temporary in nature related to construction and do not require any land acquisition and compensation payment, these are covered by the Environmental Management Plan (EMP). Should involuntary resettlement impacts become apparent during the project implementation, a due diligence will be performed and a Resettlement and Ethnic Minority Development Plan (REMDP) will be prepared in accordance with the project’s approved Resettlement and Ethnic Minority Development Framework (REMDF) and an entitlement matrix and budget will be included. 5. A total of 2028 structures were inventoried along major thoroughfares and intermediate roads of Marawi City in areas to be traversed by the project. The 2028 structures are broken down as follows: residential (1066), commercial (898) and institutional (64) establishments. Local ambulant vendors and flea markets will not be adversely affected by the Project. 6. A summary of the temporary inconvenience and disturbances follows:

i. Temporary inconvenience due to restriction of access during construction and earth moving activities such as digging of trenches where new pipes will be installed along existing road alignments fronting residential and commercial structures. To address this, as needed, the contractor will provide steel plates as temporary cover of the trenches in order not to restrict access to and from the affected areas. This cost is covered by the general bill of quantities (BoQ) of the

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project. ii. Cultural impact - locally hired Muslim workers for the project may experience

difficulties in practicing religious obligations (i.e. praying, ablution, etc.). Muslims observe Fridays as non-working days; hence, flexible working schedule will be employed. Worship/prayer room and ablution facilities in work places will also be provided as needed. This will be a part of the contractor’s agreement.

iii. Potential threat to occupational and public safety - Pipelaying and roadworks may compromise pedestrian safety, especially in populated areas (i.e. city centers). Occupational health and safety for the contractors / workers will need to be ensured (i.e. wearing of proper uniforms and Personal Protective Equipment (PPE).

iv. Nuisance to the public caused by the generation of dusts from the breaking of concrete road pavements and earth moving activities. Suggested mitigating measures include the following: regular water spraying around the construction site, especially during dry days; avoid long exposure of excavated soil piles to strong winds by using canvas covers; use of canvas covers for trucks that haul dusty items; regular clean-up of construction areas; fencing the area to contain the dust within the project site. The project’s EMP addresses such issues.

v. Traffic congestion along the road and pedestrian safety because a portion of the road will be utilized by the Build contractor as staging and construction work area (CWA). Sections within existing road used as staging and construction corridor will be secured by safety barriers. The Build contractor will provide traffic management aides and coordinate with the affected barangays needed traffic management assistance.

vi. Nuisance to the public caused by noise pollution during the operations of heavy equipment. Appropriate noise pollution control devices will be ensured during the construction activities as necessary. The project’s EMP addresses such issues.

7. The survey of 497 households in the 19 barangays under the Project shows that 36% or 179 of the respondents get their water from deep well/electric pump, while only 26% or 129 cited the MCWD as water supply provider. Only 34% said they encountered problems with their water supply while 44% said they did not. For the respondents that did encounter problems with their water supply, 21% said that their main concern is the cost, with 12% saying that they receive low-quality water. Respondents who said they do not share their water source with other households make up 31% of the respondents. For those who answered MCWD as their source of water, 43% expressed their dissatisfaction with the quality of service that they are getting from them, while only 28% said that they are satisfied.

8. Among the surveyed 132 commercial establishments, 40.9% or 54 said their water comes from deep well/electric pump, while 25.8% or 34 said their water is supplied by the MCWD. It also shows that 71.6% or 95 have their own water meter and that 62.9% or 83 have monthly water bills below Php 1,000. Twenty percent (20% or 26) said that they are satisfied with the level of service that their current water provider gives, while 52% (69) did not give a response. Seven percent (19%) are dissatisfied. Sixty-one percent (61% or 81) of the respondents did not answer when asked about the most common problem they experienced with their water service provider. About a tenth (9.8% or 13) cited water service interruptions, while 9.1% lamented its cost. 9. Project implementation schedule. Civil works for the project is expected to commence by first quarter of 2020 with a project duration of one year. This resettlement due diligence report will be reviewed during the Detailed Design Phase of the project for any resettlement impact. 10. Consultations. As part of the resettlement due diligence exercise, various stakeholders were engaged in the consultation and disclosure process by LWUA in

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partnership with MCWD. Stakeholders Consultation Meetings (SCM) were conducted on 23 and 24 July 2019 in Marawi City. 11. Grievance redress mechanism. A project level grievance redress mechanism (GRM) is available, managed by the environment team, to allow appeals against any disagreeable decision, practice or activity arising from construction related activities and temporary disturbances. The project affected persons (PAPs) were informed during the consultations of their rights and of the procedure for registering grievances, both verbal and written. 12. Institutional arrangement. The Executing Agency (EA) for the project is the Department of Public Works and Highways (DPWH). The Local Water Utilities Association (LWUA) is the implementing agency (IA) for the water supply component. LWUA will be responsible for the overall delivery of quality outputs. As the IA, LWUA will liaise and coordinate closely with MCWD, the concerned LGU and other agencies to ensure field support for grant activities and works. LWUA will also establish and oversee project accounting and auditing; prepare and submit quarterly reports to the EA for submission to ADB; ensure compliance with relevant grant covenants; approve and allocate counterpart budget (if applicable) and ensure that sufficient resources are allocated for O&M of water supply systems. 13. Monitoring and reporting. There are no IR and IP impacts; hence, no REMDP will be prepared. The construction activities leading to temporary disturbances will be monitored and reported under the environmental management plan.

Project Description 14. In 2017, Marawi City was captured by supporters of the terrorist group of the Islamic State of Iraq and Syria (ISIS) and the five-month long armed conflict between the Philippine government forces and the militants took place. The “Marawi Siege” not only damaged vital physical infrastructures in the city, but also brought about massive displacement of the population and affected the living conditions of both the locals and the residents in nearby areas who are dependent on the city for their economic activities. It is thus the obligation of the national government to rebuild this war-torn city and bring back normality to its people at the soonest possible time. 15. The Project objective is to provide a concept design for Marawi City Water Supply Improvement. The Project will include the area currently being served by the MCWD which is composed of the following 19 Barangays:

• Bangon

• Bacolod Chico Proper

• Bubonga Marawi

• Dayawan

• Pindolonan

• Tuca

• Lumbaca Toros

• Toros

• Moriatao Loksadatu

• Marawi Poblacion

• Matampay

• Tampilong

• Raya Saduc

• Saduc Proper

• Panggao Saduc

• Fort

• Buadi Sacayo

• Navarro

• Lilod Saduc

16. The Project is funded by the Asian Development Bank (ADB) and is the subject matter of this resettlement and ethnic minority due diligence exercise. Figure 1 presents a

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map showing the project area.

Figure 1: Area Covered by the Project 17. The Non-Revenue Water (NRW) of MCWD is around 67% which means only 33% of the water supplied is billed to the customers. The existing pipe network is very old, some segments of which were installed in 1905. With this current situation, the proposal will be to replace all existing pipes within the Project area and design it to cater to the demand until 2050. 18. One of the compelling reasons for the improvement of the MCWD water supply system in Marawi City came from a diagnosis and modeling report2 conducted by the International Committee of the Red Cross (ICRC)-Maynilad. The study recommends to MCWD to invest on the infrastructure to meet current and future water demands. 19. Specific to this Project, this will include the total pipe replacement and the upgrading of the three functional deep well pumping stations. These are the MCWD Deep Well Pumping Station 1, Bangon Deep Well Pumping 4, and NPC-Agus 1 Deep Well Pumping Station 5. Upon upgrading, the system will provide sufficient supply up to 2024.

A. Civil Works to be Undertaken 20. For the project, the pipe distribution system design based on the hydraulic model will include pipes with diameters from 50mm to 500mm. There will also be a need to replace the existing deep well pumps and motors in order to ensure the 7psi minimum pressure in the service area.

21. Overlap of water component with road construction. This overlap of around 6 kms is qualified as the portions of JICA-funded roads project. This road project had started earlier in September 2019. The proposed pipelines will be installed in advance in the overlap sections. LWUA confirmed that the pipe laying will be a secondary activity during the road construction which is adhering to JICA environmental and social safeguards.

2 ICRC Marawi Final Report (08.20.18) v8.pdf

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22. The Project Management Unit (PMU) will conduct regular field visits to support LWUA in the monitoring and reporting of safeguards activities. The consultants will ensure that LWUA/MCWD and the contractor possess an adequate understanding of safeguards issues. 23. The Conceptual Design Map of the proposed pipe network rehabilitation project under the JICA supported road rehabilitation project in Marawi City is shown in Figure 2 below:

Figure 2: Conceptual Design Map of Proposed Pipe Alignment (LWUA) and Road Rehabilitation (JICA) 24. The size and length of the pipes to be installed are provided in Table 1 below. Accordingly, the standard earth digging for the pipeline 100mm to 200mm will be 0.40m x 1m (w x h); for pipe 250mm-and-above, 0.60m x 1m. Table 1: Pipe Size for Project

Pipe Diameter (mm)

500 400 250 200 150 100 75 50 TOTAL

Pipe Length (m) 280 722 2,937 5,951 3,308 5,318 3,073 3,572 25,167

25. The installation of new pipes on the existing road right-of-way will result in temporary inconvenience and disturbances during the project implementation phase. There is no land acquisition requirement and physical and economic displacements are not foreseen. As a result, there is no identified impacts for compensation. All temporary impacts will be addressed through the Environmental Management Plan (EMP).

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B. Due Diligence Objectives 26. According to the ADB SPS and Operations Manual Section F1 (2013), a safeguard framework and plan are required for the financial modality of an emergency assistance and projects in fragile and conflict-affected situations. A resettlement framework, Resettlement and Ethnic Minority Development Framework (REMDF) has already been prepared for this emergency assistance loan program. This resettlement due diligence report is being prepared for Component 1, which has no resettlement and no ethnic minority impacts. 27. The principal objective of this due diligence reporting is to describe the project activities that do not lead to land acquisition and involuntary resettlement and to ensure that all project stakeholders and project affected persons (PAP), if any, are identified, consulted, and informed of the decisions regarding the proposed project, and that they are provided with assistance to improve, or at least maintain, their pre-project living standards and income earning capacity. 28. This due diligence report also serves as a roadmap that will allow the project to be designed and implemented in a way that fosters full respect for ethnic minorities’ identity, dignity, human rights, livelihood systems, and cultural uniqueness as defined by the indigenous peoples themselves. It also ensures that they (i) receive culturally appropriate social and economic benefits, (ii) do not suffer adverse impacts as a result of projects, and (iii) can participate actively in projects that affect them.

Summary of Impacts 29. As designed, the Project will cover 19 Barangays of Marawi City which are located within the service area of the MCWD. 30. The Project is mainly focused on total pipe replacement and utilization of existing deep wells with pump and motor replacements. This Project will not acquire new land for right-of-way and project facilities, such as pumping stations, water treatment plant, reservoir, and deep wells. Photos in Set 1 below show the typical sites where the pipes will be installed while Photos in Set 2 show the sample locations of the clustered meter boxes. Photos in Set 3 show the location of the existing MCWD Pumping Station.

Photo Set 1: MCWD staff showing typical sites for the location of new pipes by the roadside. No additional land acquisition for right-of-way will be necessary.

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Photo Set 2: Locations of cluster boxes of MCWD in service areas which will utilize the same area.

31. As confirmed by MCWD, this project will be utilizing the existing road alignment within the water supply system service areas for the installation of new pipes and upgrading of the three functional deep well pumping stations as water sources in their current locations, namely: the MCWD Deep Well Pumping Station 1, Bangon Deep Well Pumping Station 4, and NPC-Agus 1 Deep Well Pumping Station 5.

Photo Set 3: Existing location of the water pumping station of MCWD

32. No new land acquisition for the sites of the deep wells will be necessary as it will only utilize existing locations of the deep well pumping stations. No new land acquisition will be needed for the proposed new distribution pipes alignment and locations of cluster meter boxes. Figure 3 is the map of existing pipes alignment provided by the MCWD.

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Figure 3: Map of Existing Alignment of MCWD Water Supply Distribution System (Source: Marawi City Water District) 33. There will be no physical displacement of people during the installation of new pipelines and improvement of the deep well pumping station. No residential building structures, businesses, and establishments will be affected during the actual construction and installation of new pipes in the MCWD service areas in the 19 barangays. In Bangon area, the potential impact identified will be restricted access, especially for those who operate businesses, both permanent establishments and vendors with temporary or mobile stalls. The Project will put in place mitigating measures to address all identified and anticipated temporary inconvenience and disturbances through the EMP. 34. For the existing residential and business customers of MCWD, service interruption will be minimal. Current water supply service provision will continue in spite of the installation of the new pipelines. 35. Mitigating measures to address potential temporary impacts will be ensured by LWUA and MCWD through the Build contractor during the implementation of the Project.

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Figure 4: Map of Bangon Area (Source: Google Earth) 36. A rapid inventory was conducted by the CEST Team on 4 and 5 September 2019 along the main thoroughfares and intermediate roads that will be traversed by the Project in the city center of Marawi City. A total of 2,028 structures were counted in these locations where most of the residential (1,066), commercial (898) and institutional (64) establishments are situated. The team did not cover all of the structures for entire coverage of the Project. The inventory provides the information of the number and types of establishments that will experience temporary inconvenience. This will be updated prior to the start of project construction. 37. Out of the 1,066 total number of residential structures, the highest concentration are found along Boriongan street (216) followed by Lake Lanao Circumferential Road and Sheik Idaros (99), Sultan Omar Dianalan (89), Amai Pak Pak (83), Gomising (80), Buadi Sacayo (68) and Maruhom (68), and Suklat (62) , among others. The least sparse are found in Datu Akader (3), Al Ikhlas (2) and, Thobakan (2). 38. Out of the total 898 number of commercial establishments, the highest concentration of various types of businesses operating in the area are found in Amai Pak Pak (282). This is followed by the Lake Lanao Circumferential Road and Sheik Idaros with a total of 155. As observed, there are also structures that can be categorized as mixed used – residential and commercial. 39. Of the total 65 number of institutional structures (such as schools, hospitals, place of worship, etc), there are 11 found in Amai Pak Pak. Notably found in this area is the Amai Pak Pak Medical Center. In Boriongan Street, 2 mosques are found, the Bacolod Chico Mosques and the Dayawan Mosques. The details of the rapid inventory along the major thoroughfares and intermediate roads of the different structures that may experience temporary inconvenience and disturbance due to the construction activities is shown in Table 2 below.

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Table 2: Inventory/Count of Existing Structures along the Pipe Alignment

Street Name / Barangay Residential Commercial Institutional Assessment* Impacts During

Restoration

New Capitol Road 51 98 7 Existing pipes located on the right just beside Camp. Temporary

Amai Pak Pak / Datu Saber 83 282 11

Existing 4” pipeline located on the left side, Proposed pipeline will be laid on the right (from Public Library to NPC Agus 1 gate will be affected). Busiest street in the 19 barangays

Temporary

Al Ikhlas 2 10 3 Temporary

Datu Akader 3 20 3 3 schools, public library, DILG, NCMF, NFA. Busy during start/end of classes.

Temporary

Thobakan 2 25 1 Pipelines will be laid on the left side, not so busy street. Temporary

Buadi Sacayo 68 36 0 Location of the newly laid 360 meters long, 8- inch pipeline implemented by AAH is on the left side.

Temporary

Luksadatu 60 28 0 Not busy street. There is a portion prone to flood during rainy days.

Temporary

Sarimanok 21 17 1 Busiest crossing. Temporary

Sumndad 34 26 4 Both sides have pipelines. Not busy street. Temporary

Road 37 11 20 0 Temporary

Al Ikhlas 2 20 15 1 Temporary

Lake Lanao Circumferential Road and Sheik Idaros

99 155 3 4th busiest street. Location of fruit stand, route of Iligan bound cars and jitneys.

Temporary

Boriongan 216 40 8 Roads of Tuca area is so narrow and without drainage system on both sides.

Temporary

Gomising 80 6 3 Less populated area. Temporary

Maruhom 68 9 3 Proposed pipes will be laid on the right side. Narrow road and no drainage.

Temporary

Suklat 62 18 5 Pipeline will be laid on the left side along MSU LNCAT school gate must have metal sheet for bridge.

Temporary

Datu Pangapon 27 0 3 No drainage system, car seldom pass by. Temporary

Bakol 25 15 2 Proposed pipeline will be laid on the left side. Cars Temporary

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Street Name / Barangay Residential Commercial Institutional Assessment* Impacts During

Restoration

going to east side of Marawi passes this road to Mapandi Bridge.

Sultan Omar Dianalan 89 57 1 Road located at Barangay Tampilong is currently ongoing construction.

Temporary

Omar Bin Abdul Azis 29 20 4 Location of LTO, Department of Agrarian, BFAR offices. Both side of the street are utilized as parking area.

Temporary

Lala 16 1 2 Newly cemented road. 2 schools in this area. Temporary

TOTAL 1,066 898 65

Source: CEST- MCWD Rapid Inventory, Marawi City, 4-5 September 2019 / *With follow-up interview with Amiel Rasuman, MCWD, 18 September 2019

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40. The identified temporary impacts will be addressed by the Environmental Management Plan (EMP), as presented in Annex J and addressed by LWUA and the contractor during the construction and installation of new pipelines along existing road right-of-way (ROW). The Resettlement and Ethnic Minority Development Plan (REMDP) will not be prepared since there no IR and IP impacts. Table 6 shows the summary of potential impacts and suggested mitigating measures as discussed below:

i. Temporary inconvenience due to restriction of access during actual construction and earth moving activities (such as diggings of trenches where the new pipes will be installed along existing road alignment fronting the house structures, commercial buildings, institutional and establishments). The contractor will provide steel plates as temporary cover of the trenches in order not to restrict access to and from the affected areas, as needed. The cost will be covered by the project’s general bill of quantities (BoQ).

ii. Cultural impact – locally hired Muslim workers for the project may experience difficulty in practicing religious obligations (i.e. praying, ablution, etc.). Muslims observe Fridays as non-working day, hence, flexible working schedule will be employed. Worship/prayer room and ablution facilities in work places will also be provided as needed.

iii. Potential threat to occupational and public safety - Pipelaying and roadworks may compromise pedestrian safety especially populated areas (i.e. city centers). Occupational health and safety for the contractors / workers will need to ensure (i.e. wearing of proper uniforms and Personal Protective Equipment (PPE).

iv. Nuisance to the public caused by generation of dusts from the breaking of concrete road pavements and earth moving activities. Suggested mitigating measures include the following: regular water spraying around the construction site, especially during dry days; avoid long exposure of excavated soil piles to strong winds by using canvas covers; use of canvas covers for trucks that haul dusty items; regular clean-up of construction areas; fencing the area to contain the dust within the project site. These will form a part of the contractor’s contract under the environmental management plan.

v. Traffic congestion along the road and pedestrian safety because a portion of the road will be utilized by the Build contractor as staging and construction work area (CWA). Sections within existing road used as staging and construction corridor will be secured by safety barriers. The Build contractor will provide traffic management aides and coordinate with the affected barangays needed traffic management assistance.

vi. Nuisance to the people caused by noise pollution during the operations of heavy equipment. Appropriate noise pollution control devices will be ensured during the construction activities as necessary.

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Table 3: Summary of Potential Impacts and Suggested Mitigating Measures3 Project Phase/Activities Potential Impacts Assessment Mitigation

Pre-construction phase

Project activities such as:

• Project planning

• Detailed design

• Acquisition of necessary permits

Acquisition of necessary permits and clearances4 Increased revenue of LGU Project acceptability

Project delay due to delayed acquisition of permits and clearances from concerned government agencies. Additional revenue for the LGU from construction permits and taxes. Positive social acceptability because the project will enhance water supply of the City.

Work closely with concerned government offices to acquire required clearance. Conduct of Information, Education and Communication (IEC) at the city/barangay level.

Construction

Project activities such as:

• Land clearing, earthworks, excavation and pipe-laying

• Road/ sidewalk improvement and re-construction

Site development of existing deep well pumping stations

Temporary inconvenience due to restriction of access where the new pipes will be installed along existing road alignment fronting the house structures, buildings and establishments.

Temporary access will restrict the public in populated areas during excavation works (i.e. diggings of trenches and pipe laying) that will need to enclose/secure portion of the road side. This may occur at the time when the contractor is scheduled to conduct pipe laying and construction activities in specified areas.

The contractor will provide temporary access (i.e. steel plates to cover open trenches where access in areas are needed) in order not to restrict the public, especially in residential, commercial, establishment areas. Contractors will be allowed to work on Fridays along the driveways of households Approval of a construction work schedule that will work with the day-to-day activities of the community.

Potential threat to occupational and public safety.

Pipelaying and roadworks may compromise pedestrian safety especially populated areas (i.e. city

The contractor, where possible, will ensure that open trenches and manholes will be covered and pathway for

3 The mitigating measures during construction will be covered in the EMP. 4 "Based on the Maynilad Standard, Measurement and Payment under Permits, Licenses and Clearances Acquisition. Contractor’s shall acquire all taxes, licenses, permits, clearances and other fees which may be due to the local and or national government as well as fees that may be required by private subdivisions. For permits/clearances. Excavation permit requirements of LGU, BCC (barangay clearances certificate), Home Owners Association (HOA) Clearances, DENR Clearances (ECC, Tree Cutting permits), DPWH excavation permit, Traffic Management Clearances and others needed requirements as required in the LWUA bid documents."

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Project Phase/Activities Potential Impacts Assessment Mitigation

centers) Occupational health and safety for the contractors / workers will need to ensure (i.e. wearing of proper uniforms and Personal Protective Equipment (PPE) Access to the commercial / business establishments will be limited only on the side where actual pipe laying will be done by the project. This will occur at the time when the contractor is scheduled to conduct pipelaying and construction activities in specified areas.

pedestrian crossings will be provided. Public announcement and safety signages will be installed at the construction areas. Implementation of Health and Safety Management Plan in accordance with the Philippine Occupational Health and Safety Standards Conduct of IECs to workers on health and safety concerns.

Cultural impact. Locally hired Muslim workers in the project may experience difficulty in practicing religious obligations (i.e. praying, ablution, etc.). Muslims observe Fridays as non-working day.

Ensure provision of worship/prayer room and ablution facilities in work places as needed. Align lunch break with the prayer time so that, after lunch, the workers may join the prayer session before coming back to work. Employ flexible working schedule as needed or in case work schedules so required.

Generation of fugitive dusts due to construction activities.

Specifically, in populated areas of the City, will potentially experience pollution due to dusts generated from construction sites (i.e. excavation works, movement of heavy equipment and delivery of materials.

Implementation of dust suppression methods such as dewatering of roads during dry months and as necessary, cover trucks loaded with spoils/ filling materials when in transit

Generation of noise and vibration that potentially cause nuisance to the public.

The drilling of the roads and excavation will result in the generation of noise and vibration that may

Proper scheduling of construction works and no night time working except in exceptional circumstances

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Project Phase/Activities Potential Impacts Assessment Mitigation

potentially affect the residents and workers. General public will have to endure temporary impact from the noise and vibration during the operation of construction equipment

Installation of acoustic insulation or portable noise barriers where practicable

Generation of spoils and other construction wastes.

Generated spoils and construction wastes may reduce the aesthetics of the area. If cut and cover method will be implemented during the pipe laying activity, the contractor should ensure that spoils will not obstruct drainage facilities that may induce flooding to surrounding areas.

The contractor to implement spoils management plan and solid waste management plan in accordance with applicable laws.

Traffic congestion along the road because a portion of the road will be utilized by the contractor as staging and construction work area (CWA).

Because a portion of the road will be blocked or restricted, slowing down of traffic flow will be experienced during day time and rush hours in areas where there will be ongoing construction activities.

Traffic Management Plan will be required to facilitate access of motoring public. Safety barriers will secure sections within existing road used as staging and construction corridor. The contractor will provide traffic management aides and coordinate with the affected barangays needed for traffic management assistance. Contractors will be allowed to work on Fridays along the driveways of households Approval of a construction work schedule that will work with the day-to-day activities of the community.

Generation of local benefits due to enhancement of employment and livelihood opportunities.

The project will result in positive social impacts for the hiring of local workers and improvement of local businesses.

Prioritization in hiring qualified locals. Prioritization of local contractors and

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Project Phase/Activities Potential Impacts Assessment Mitigation

providers in the goods and services needed for the project.

Reliable source of water supply. The operation of the project will bring about a long-term and reliable supply of potable water for the residents of Marawi City.

Regular maintenance of the facilities will help ensure the continuous reliable supply of clean, potable water in the project area.

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Unanticipated Involuntary Resettlement and Ethnic Minority Impacts 41. Since the Project will be implemented by a Build contractor, the responsibility falls on the selected contractor in securing the construction staging area and the suitable site for storage of materials as the sites are still to be determined. Bid document should contain provisions for social safeguards to address unanticipated IR and ethnic minority impacts during the implementation of civil works. In the event of any unanticipated involuntary resettlement (IR) and ethnic minority’s impacts during the project implementation, LWUA shall ensure the conduct of a social assessment (including surveys) and formulate a social safeguard planning document to mitigate the impacts. When new clustered meter boxes will need to be installed, MCWD will be responsible for negotiating with the owners to freely allow locating them within the property at no cost to MCWD or the project. Unanticipated impacts will be documented and mitigated based on the principles provided in the REMDF. LWUA shall submit these documents to ADB for review, concurrence, and disclosure on ADB’s website as well as their project website and convey relevant information to the affected persons/community.

Socio-Economic Information and Profile 42. A socio-economic survey was conducted to gather primary baseline information from the affected barangays. A total of 497 households and 132 commercial establishments participated in the said survey. The results and analysis of this survey follow.

A. Demographic Profile 43. Marawi City is a 4

th income class city located in Lanao del Sur, one of the provinces under the jurisdiction of the Bangsamoro Autonomous Region in Muslim Mindanao (BARMM). Composed of 96 barangays, it registered a total population of 201,785 in 2015, more than half (51.5%) of which were males and 48.5% were females. Table 4 shows the total number of population and the number of households in the 19 project affected Barangays, based on secondary sources. Table 4: Total Population and Number of Households per Barangay

Affected Barangays Total Population Number of Households

1. Bacolod Chico Proper 1,075 158

2. Bangon (well no.4) 2,165 318

3. Buadi Sacayo (Green) 3,020 398

4. Bubong Marawi (Bobonga Marawi) 1,920 307

5. Dayawan 729 123

6. Fort 1,671 250

7. Lilod Saduc 3,904 596

8. Lumbaca Toros 581 96

9. Marawi Poblacion 4,002 593

10. Matampay 3,508 559

11. Moriatao Loksadato 2,099 301

12. Navarro (Datu Saber) 3,415 497

13. Panggao Saduc 4,025 652

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Affected Barangays Total Population Number of Households

14. Pindolonan 1,053 149

15. Raya Saduc 2,558 428

16. Saduc Proper 2,569 374

17. Tampilong 1,725 243

18. Toros 1,173 163

19. Tuca 810 116

TOTAL 42,002 6,321

Source: PSA, 2015.

B. Income and Poverty Level 44. The Province of Lanao del Sur has consistently been among the provinces with the highest poverty incidence. In both 2012 and 2015 official poverty statistics of the Philippine Statistics Authority (PSA), which were also generated from the results of the Family Income and Expenditure Survey (FIES), Lanao del Sur has consistently registered the highest poverty incidence among families. 45. According to Marawi City’s Comprehensive Land Use Plan (CLUP) 2018-2026, data from the 2015 FIES show that 71.9% of the residents lived below the poverty threshold of Php 22,802. This was from an estimated poverty incidence of 60.1% in 2012. 46. The same document also estimated the annual average household income in the city to be at Php 161,547. This translates to an income of Php 13,462 for a household with six members. Residents of the city primarily rely on entrepreneurial activities and from salaries and wages from non-agricultural endeavors, with four-fifths of household income coming from these sources in 2015. Entrepreneurial activities include wholesale and retail trade (27%) and transportation, storage, and communication services (13%).5

C. Approaches Used to Identify Project Impacts 47. The 19 barangays that are currently being served by MCWD were the take off point in identifying the potential social risks and impacts of the proposed project during pre-construction, construction, and operation. Preliminary desk research done on Marawi City was complemented by site visits in the 19 barangays. The location of the existing pipes and cluster boxes as well as the proposed location of the pipe replacements were noted along with the presence of sensitive receptors along the alignment. Possible social impacts, such as economic and physical displacement, loss or damage to cultural and heritage resources, and disturbance to communities during all project phases, were considered. 48. Baseline information about the study area were compiled using secondary data from desk-based research and primary data gathered from the field visits, key informant interviews, and focus group discussions conducted by the study team in June 2019. 49. The following table shows the persons and groups interviewed by the study team: Table 5: List of Primary Data Sources

KII Subjects FGD Groups Stakeholder Consultation

5 Data derived from Marawi City’s CLUP 2018-2026.

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Participants

• Alikhan Abuat, En. P Chief of Staff Office of the City Mayor

• Engr. Pendatun Gandamra PMO Director Marawi City LGU

• Engr. Basher U. Bula DO III, City Planning and Development Office Marawi City LGU

• Engr. Rashdi T. Adiong General Manager, MCWD

• Amiel Rasman CSO2, MCWD

• Efren Doscalla SWUMO, MCWD

• Asec. Felix Castro Jr. TFBM

• Jamila Taha Team Leader, DSWD Region 10

• Juraira M. Alonto Provincial Administrator Lanao del Sur

• Haj Samsuddin Tawano DPWH District 1-Lanao del Sur

• Abdul Hamid NCMF-Region 10

• Women

• Men

• Barangay Health Workers (BHWs)

• Department heads from the Provincial Government of Lanao del Sur

• Marawi City LGU

• BARMM

• TFBM

• PNP

• INGOs

• Students

• BHWs

• Sultans

• Youth

• Women

• Senior citizens

D. Result of the Socio-Economic Survey

1. Survey among Households 50. The socio-economic and perception survey was conducted among households in the 19 covered barangays of the Project, using the SES Household Survey Form as in Annex G. Of the 6,321 number of households in the affected barangays, 497 (8%) were surveyed.

a. Profile of Respondents

51. Of the 497 survey respondents, 5% (25) said that they act as the household head. Of this, four percent (4%) are male while only one% (1% or 5) are female. 52. A majority of the respondents are single females at 32% (159) while males comprise 31% (154). Only 12% (60) of the respondents are married male household heads. Survey respondents are either sons (38% or 89) or daughters (39% or 194) of the household head.

b. Household Profile

53. Out of the 2,529 members of the sampled households, females comprise half (50% or 1,265) of the total gender distribution per household. Of the survey households, 29%

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(733) of household members in Marawi City are within the age range of 11 to 20 years old. The greatest number of senior citizens (60 years old and over) and children below 1 year of age come from Buadi Sacayo (Green) at 0.5% (13) and 0.2% (5), respectively. Matampay and Saduc Proper have the greatest number of household members below 18 years of age at 4.1% (104) each.

c. Educational Attainment

54. When asked about their educational level, 21% (104) of the 497 respondents said they reached primary school while 4% (20) said they finished primary school. Of the survey respondents 13% (65) are university graduates, and only 1.65% (8) have finished their master’s degree. Only 1.4% (7) are vocational students and graduates. Less than 10 respondents said they are either Bisaya (0.11%) or Filipino (0.03%).

d. Income, Expenditure and Savings

55. Of the survey respondents, 17% (84) of them said they have worked during the last three months in a paid capacity, while 56% (278) did not. Majority (60% or 298) of the respondents said that the most important source of income for their household is their wage or salary. The average monthly household income ranges from Php 5,000 and below (36% or 179), while the average monthly expenditure of the respondent’s household is at Php 5,000 and above (36% 179). 56. Among the reasons given by respondents for not having a job is because they are still studying (34% or 179) and they are too young to work (9% or 45). 57. Another important aspect of household finance is the amount of savings for each family. In Marawi, the usual (66% or 328) amount of monthly savings is within the Php5,000 and below range.

e. Land and House Ownership

58. When asked about the land inheritance of female household members, 57% (283) answered “Yes” and of that, only 22% (109) said that the women inheritors can sell or decide how they will use the land as they see fit. For the 39% who answered “No”, only 12% (60) said that they do not intervene on how the land should be used. 59. Of the lands occupied by the respondents’ households, 66% (328) are under their own names, while 8% (40) said that they are only renting the land. Of the survey households, 15% (75) claimed that they have the landowner’s permission to occupy their land. As for house ownership, 73% (363) claimed that they own the homes they are living in, while only 8% (40) are tenants.

f. Housing and Infrastructure

60. The lighting source for 98% (487) of the respondents is electricity, while 17% (84) said that they also use electricity for cooking. Majority of the households’ main building material is concrete (71% or 353) followed by wood (28% or 139). When asked about the number of rooms inside their house, about a third (33% or 164) said that they have two (2), followed by 25% (124) with one and 21% (104) who have three (3) rooms.

g. Water Supply

61. More than a third (36% or 179) of the respondents said that their main source of water is deep well/electric pump, while about a fourth (26% or 129) cited the MCWD.

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62. Only 34% (169) said that they encountered problems with their water supply while 44% (219) said they did not. For the respondents that did encounter problems with their water supply, 21% (104) said that their main concern is the cost, with 12% (60) saying that they receive low-quality water.

63. Most of the respondents (7% or 35) who provided answer said that their average monthly water bill is within the Php100 to 200 range only. Respondents who said they do not share their water source with other households make up 31% (154) of the respondents. 64. For those who answered MCWD as their source of water, 43% (214) expressed their dissatisfaction with the quality of service that they are getting from them, while only 28% said that they are satisfied.

h. Sanitation

65. More than a third (38% or 189) of the respondents said that they have an open canal while only 20% (99) have their canals covered. Almost half (43% or 214) of the respondents said that the water from their canals flow directly to the drainage canal, while 36% (179) said that theirs go to a drainage system. Those who said that they did not experience any kind of problems with their canals are at 34% (169), while 14% (70) said that their canals emit odor. The remaining respondents indicated clogging (9% or 45) and overflow (13% or 65) as problems they encountered. 66. Almost half (49% or 244) of the respondents have an interior toilet without a flush, while 20% (99) claimed that they have an exterior toilet without a flush. Six percent (6% or 30) of the respondents rely on public toilets. 67. Half of the respondents (50% or 249) said that they have a septic tank installed, with 23% (114) saying that they have a compost pit for their waste. Only 16% (80) of the respondents said that they do not have an easy access to their septic tanks. Only 4% are able to clean their own tanks.

i. Waste Management

68. Majority (66% or 328) of the respondents said that they practice waste segregation, while 26% (129) said they do not. Those who said that the city government collects their solid waste make up 85% (422), while a small portion of the population still practice disposing waste on rivers and lakes (1.4% or 7) or by burning (1% or 5).

j. Health

69. When asked about the existence of chronic diseases in the family, majority (80% or 398) said that they do not have any family members suffering from any kind of chronic disease, while 13% (65) said that they have. The common diseases that respondents indicated are high blood or hypertension (2% or 10), arthritis (1.4% or 7), diabetes (1.4% or 7), and asthma (0.81%). Some (8% or 40) of the respondents said that they needed medical attention at one point for the last 12 months for varying reasons like diabetes (0.61%), fever (0.4%), and asthma (0.4%). Ninety percent or 447 of the respondents said that they contracted a contagious disease in the last 12 months while 88% (437) said that they or their families did not experience any water-borne diseases. For those who did, 98% (487) said that the most common water- related disease encountered is diarrhea. 70. More than half (56% or 278) of the respondents said that they went to a public hospital when they experienced a health problem, while 20% consulted their local barangay

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health centers. About half (46% or 229) of those who went to a barangay health center expressed satisfaction with the services rendered.

k. Disasters

71. The most common disaster encountered by the locals is flooding (12%), followed by earthquakes (5%). For the last two years, 14% said they experienced flooding and five% (5%) indicated earthquakes.

l. Women’s Ownership of Other Properties

72. When asked if female members of the family can own or inherit properties other than land, only 35% said that women can own anything, while 54% said that even though they could, they cannot decide on how to use or to sell any property given to them especially if the item in question is from an inheritance. When asked If a woman can intervene in the decision on how to use or sell a property, 56% said they cannot.

m. Perceptions and Expectations

73. Water-related concerns have been cited by respondents as the most important issues in their barangay: 11% said water, 7% said that they have a problem with their water system, and 3% have problems with the water supply. Other important issues cited are livelihood (10%), floods (7%), and drainage systems (5%). 74. The top three sources of information on current events for the locals of Marawi are barangay officials (9%), local radio channels (18%), and the local TV station (12%). 75. Of the survey respondents, 15% said that they learned about the proposed project from their barangay officials, while eight percent (8%) said they heard about it from the local radio station. Only six percent (6%) said they got their information from national radio channels. 76. As for the perceived benefits from the project, respondents answered accessibility for the family (23%), improvements for the barangay (14%), and improvements for the city (15%). The other benefit seen by the locals is the cleanliness that the project will bring to their barangay (9%) and to the city (11%). On the contrary, the negative effects seen by the respondents to their families is disturbance (10%), with some saying that it will bring more traffic to their barangay (22%) and to the city (24%). More than half (60%) of the respondents expressed their support to the project by their willingness to pay a higher price for an improved water supply service.

2. Survey among Commercial Establishments

77. A survey was also conducted among 132 commercial establishments along the proposed alignment in the 13 out of the 19 covered barangays using SES Commercial Survey Form as in Annex H. A simple random sampling was used in conducting the survey among commercial establishments in the 13 barangays.

a. Respondents and Proprietors

78. The sample population is comprised of 62.1% (82) female proprietors, predominantly belonging from the 41 to 50 age range at 32.5% (43). 79. Majority (84% or 111) of the respondents are business owners and most (85.6% or 113) of them have one to five employees only. Only 1.7% (2) have an employee count of more than 10.

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80. Ninety percent (90% 119) of the respondents answered that they have a one-story commercial building. Most (80% 106) are made of concrete.

b. Business Operation

81. Of the 132 surveyed commercial establishments, operating a sari-sari store is the most common line of business of the locals at 35.6% (48), with only eight percent (8% or 11) running a food stall. Other common kinds of business include grocery stores (11% or 15), pharmacy (11% or 15), and bakery (9% or 12). 82. Fifty-eight percent (58% or 77) of the establishments have only been in operation for the last 1 to 5 years. More than a tenth (12% or 16) could not recall how long they have in business. 83. Almost all (97.8% or 129) of the respondents said that their main source of lighting is electricity, followed by 1.5% (2) kerosene/candle users.

c. Income 84. Almost a third (28.4% or 37) of the 132 respondents said that their average monthly income is between the Php 16,001 to Php 30,000 range, followed by 17.2% (23) who said they earn between Php 9,001 to Php 12,000 monthly. More than half (56.3% or 74) of the respondents said they have a business permit, while the remaining 43.7% (58) are operating without it.

d. Water Supply

85. Water for 40.9% (54) of the surveyed businesses in Marawi come from deep well/electric pump, while about a fourth (25.8% or 34) said their water is supplied by the MCWD. 86. Majority (71.6% or 95) of the surveyed establishments have their own water meter. More than half (62.9% or 83) have monthly water bills below Php1,000. 87. Twenty percent (20% or 26) said that they are satisfied with the level of service that their current water provider gives, while 52% (69) did not give a response. Seven percent (7% or 9) are very dissatisfied and 12% (16) are dissatisfied. 88. Sixty-one percent (61% or 81) of the respondents did not answer when asked about the most common problem they experienced with their water service provider. About a tenth (9.8% or 13) cited water service interruptions, while 9.1% (12) lamented its cost.

e. Sanitation and Health

89. As for the sanitation facilities of the commercial establishments, 59.8% (79) said that they have their storm drainage (canal) covered. Majority (66.7% or 88) direct their wastewater to said drainage. 90. Thirty-six percent (36% or 48) of the respondents claimed that they did not encounter any problems with their drainage systems. Only 16.7% (22) complained about the odor and 14.4% (19) said that they experienced an overflow. 91. Four percent (4% or 5) of those surveyed claimed that they do not know any sewerage treatment plant in the area, while most (93.9% or 124) did not respond. Most (92.4% or 122) also did not provide any answer if they have knowledge of having grease

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traps in their establishments. Only 5.3% (7) answered ‘No’ while the remaining 2.3% (3) said that they did not know. 92. A majority (95.3% or 126) of the respondents claimed that they did not experience any incidence of water-borne related diseases while the remaining 4.7% (6) answered that they did have at some point. When asked about the type of disease that they encountered, 97.7% (129) did not give any answer. 93. All establishments have at least 1 toilet facility, but only 42.4% (56) have a working flush. About half (43.2% or 57) of business establishments still use pour flush, while 0.8% still use pit toilets. 94. Seventy-eight percent (78% or 103) of those establishments with toilet facilities have their water disposals directed to septic tanks, with at least one septic tank per establishment. However, only 68.9% (91) have their own while the rest are shared with other establishments. 95. When asked about the cleaning and discharging of their septic tanks, about a third (33.3% or 44) did not answer. Twenty-four percent (24% or 32) said they do not know where the septic tank discharge goes to. Forty-five percent (45% or 59) said that their septic tanks are not accessible and 59% (78) said that they are aware of a manhole opening. 96. The most common septic tank problem encountered by six percent (6% or 8) of the respondents is the emission of odors. About a third (30% or 40) claimed that they did not encounter any problem with their septic tanks.

f. Knowledge of the Project

97. Those who did not know about the proposed project comprise 83% (110) of the respondents. Only 17% (22) knows or have heard of it. The majority (74% or 98) of those who are aware said that they have other sources, such as NGOs Action Against Hunger (0.8%) and Red Cross (0.8%), barangay officials (0.8%), and the radio (0.8%). 98. Ninety-two% (92% or 121) of the respondents said that they strongly agree that creeks and rivers are deteriorating. Almost all (98.5% or 130) of the respondents strongly believe that this contamination is due to the improper disposal of waste. Another 98.5% (130) strongly agree about giving their support to the project. 99. Eighty-one percent (81% or 107) of the respondents said that they are willing to pay a higher price for an improved water service. About half (48.6% or 64) are willing to pay within the Php 1,000 to Php 2,000 range. 100. When it comes to their willingness to support wastewater collection and treatment services, 78.6% (104) answered ‘Yes.’ About half (44.4% or 58) of the respondents are willing to pay within the range of Php 1,000 to Php 2,000 for septage services/desludging services. Given its nature and based on the results gathered from the survey and consultations, the project is anticipated to be beneficial to the residents of Marawi City. Having a reliable, accessible, and clean water supply means having access to a valuable resource that is used for drinking, cleaning, cooking, and other activities. For Muslims, this means having access to an important component of ablution. 101. Women also stand to significantly benefit from this. Aside from personal hygiene, a reliable, accessible, and clean water supply can mean a lot to women as they fulfill roles in the household and in the family. Based on interviews done with both male and female residents of Marawi City, although both share in securing water for the household, this

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responsibility falls mostly on women and to some extent, on children. Even for women engaged in paid work, they are still expected to be the ones primarily tasked in ensuring that the household will have water for use for their various needs. Having a reliable, accessible, and clean water supply can help alleviate the double roles that women play. It can mean less time devoted for securing water for personal and household use and more time for other activities. 102. Reliable, accessible, and clean water supply, however, comes with a price. Although more than half (60% or 298) out of 497 total number of the household respondents expressed their support to the project by their willingness to pay a higher price for an improved water supply service, there may be those with limited means to pay for the services. Sentiments similar to this were expressed in the series of stakeholder consultations conducted where concerns on cost of enlisting for MCWD services were raised and how it could prohibit some from having access to a reliable and clean water supply to their homes and places of learning, worship, and etc.

Social Impact Assessment

A. Dominant Ethnic Minority Group in the Project Area6

103. The word Moro, which is Spanish for Moor and a generic term for Muslims common in Europe during the early period of Spanish colonization, was used to refer to the Muslim people in southern Philippines. In recent times, the term has gained political significance as an expression of a distinct identity of a people with special emphasis on the primacy of Islam. With the enactment in July 2018 of the Organic Law for the Bangsamoro Autonomous Region in Muslim Mindanao, the term Moro has become more inclusive as it states that “natives or original inhabitants of Mindanao and the Sulu archipelago and its adjacent islands, whether of mixed or of full blood, shall have the right to identify themselves, their spouses and descendants, as Bangsamoro.” 104. The historical struggle of the Bangsamoro for self-determination has not been purely political but has also been a fight for recognition of the Moros’ own clan-based systems, informal and formal rules of power relations, and freedom to practice their own religion. These are important factors to consider when implementing projects in an area where extreme poverty is combined with land dispossession, social exclusion, and constrained access to basic services. These forms of marginalization have exacerbated the long-standing conflicts in the region, including the Bangsamoro struggle for self-determination, led by the Moro Islamic Liberation Front and the Moro National Liberation Front. Marawi was the epicenter for the recent ISIS-inspired siege led by the Maute brothers, but the province of Lanao del Sur has long been a host to conflicts between multiple groups and clans, often resulting from competition over access to and control of land and resources. 105. An understanding of the historical context, cultural dynamics, and internal decision-making structures of the Maranao will allow the project implementers, especially the members of the Project Management Unit who are outsiders to the culture, to develop effective strategies for engaging the project partners. 106. The Maranao population was traditionally distributed in four major districts: Bayabao, Masiu, Unayan and Baloi. These were subdivided into townships called inged, and villages or communities called agama. The following narrative shows how Maranao traditional

6 Taken from Combined REMDF, Project Number: 52313-001, November 2018, pp. 16-18

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institutions and decision-making structures operate at the clan and community levels: 107. “Customary law in Maguindanao society includes the ‘adat betad’, which refers to procedures by which customs and usages maybe applied to whom and when. The clan or family system in Muslim societies is the fundamental repository of custom or adat law through which status and roles are claimed, maintained and advanced. The family or clan is the source of belonging and identification for the individual. Maranao society is described having a ‘trichotomous’ authority structure, where the mbatabata or thothonganaya (or group of individuals united by blood relations) exists together alongside institutions such as the barangay (village) and the agama (religious affairs). The adat also constitutes the taritib (agreement) and prescribes the relationship among the datus (leaders) and between them and the sultan (between the ruler and the ruled). The Sultan is considered to be the highest authority selected by a council of elders. The villages or townships (inged) are autonomous units, with the datu being the embodiment of law, the protector, religious leader and invested with power to settle disputes. Although the authority of the sultan has diminished considerably over the years, most of the datus still exert strong influence and authority, including their role in settling community disputes. In recent years there has been a separation of political and religious authority as the ranks of ulamas (learned Islamic scholars) and imams (priests) have increased and independent sources of funds are obtained from Muslim countries in the Middle East. Although in Muslim groups traditional authority is claimed as hereditary right, the position of datu can be earned through wealth, power and number of followers. 108. In recent years, the council of elders (known as mangalokes or ‘walai na kukuman’, literally house of decisions, in Maguindanao) in the community or clans has been made up of an assortment of nobility, political leaders, religious leaders, school teachers, and public servants who could also be sought out individually to give advice or provide assistance. The ‘elders’ are also regarded as the ‘gatekeepers’ of traditional knowledge who are invested with the task of protecting traditional knowledge from ‘outsiders’. The taritib, or ‘order’ or ‘sequence’ of adat is the correct method of doing things so that conflict is avoided or when conflict is already present, the proper steps to observe to settle conflicts. ‘Hence, taritib requires the seeking of advice from elders who will explain to the people what steps to take and in what order the steps need to be taken’. These procedural norms are as important as the substantive norms in maintaining order and harmony among individuals and groups (Deinla and Taylor, pp. 20-21)”. 109. Local non-state authorities, such as the elders, datus, religious leaders (ulamas and imams) are interlinked, since they are most often related and usually belong to influential clans. It is critical to understand who the holders of power are, both formal—local executives—and non- formal—imams, datus, and elders. These are all respected leaders in their communities and hold great sway over decision making processes. 110. Error! Reference source not found.5 shows the different centers of authority, both formal and informal, in terms of their level of trust or legitimacy as perceived by the communities. It illustrates how the central state authority system is detached from the social, political, and economic systems of the Maranao. It clearly shows, however, that the regional and local state authorities interact with local state authorities and the non-state authorities. Project team members who are unfamiliar with the local power dynamics should not assume that government policies and structures will operate as they do in most other places in the country. 111. The Maranaos are also known for being patriarchal. Aside from playing the typical role of provider, the males are the ones who make decisions in the family and in the community. The females, on the one hand, are regarded as precious, weak, and submissive, and are typically relegated to performing domestic roles (Minukon, 2014). In the wider

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context of the decades- long conflict that has somewhat characterized the Bangsamoro people of the south, this perceived role of women not just in Maranao society has helped further limit their participation in the decision-making and planning processes in their respective communities.

Figure 5: Key Actors in the Current Justice System 112. Project implementation arrangements and structures must be suited to the existing social, cultural, and political realities of the Maranao. It is crucial for the success of the project to have sufficient understanding of the different levels of authority and decision making, which include: (i) LGUs; (ii) Shariah law; (iii) taritib ago ijma (agreeing upon or consensus), which refers to agreements among clan members; and (iv) kokoman a kambhatabata’a (kinship justice), or settlement among relatives. These traditional decision-making processes are still practiced when conflicts arise.7

B. Identification of Potential Impacts

113. Consultation meetings with the Office of the City Mayor of the Local Government of Marawi City and the MCWD on June 18, 2019 confirmed that the proposed project will be installing new pipes on the other side of the road parallel to the old existing pipelines. At the

7 Key informant interview, Dr. Hamid Barra, Shariah Center, Marawi, State University. August 29, 2018. (from REMDF, page 18).

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local level, the MCWD will be responsible in the dissemination of information to the public. 114. As the construction works will only be within the road and easement ROW and existing locations of pumping stations, involuntary resettlement impacts are not foreseen. During construction, generation of noise, spoils, waste and fugitive dust that are anticipated. This will result in a decreased air quality and potential flooding if spoils are not managed properly. There will be a temporary inconvenience to business and residents during construction phase because of possible restriction to the usual pedestrian access, but no loss of income or livelihood foreseen. Temporary disturbance will result in an increase in traffic congestion in the city centers because of roadworks. There may also be a potential threat to occupational and community (passers-by) safety. 115. As a basic necessity, access to and availability of water is something positive. Its availability means people will have access to a valuable resource that is used for drinking, hygiene, cooking, and other household chores. It was noted in the discussions that in Islamic traditions, the practice of washing all exposed parts of the body five times a day is among the foundations of well-being and a daily routine before prayers, it is most commonly called ablution or “wudu”. In the case of the predominantly Muslim residents of Marawi City, availability of clean water is important in performing ablution or “wudu”. 116. Women also have specific contexts that require access to clean water. Aside from personal hygiene, a reliable, accessible, and clean water supply can mean a lot to women as they fulfill roles in the household and in the family. Based on interviews done with both male and female residents of Marawi City, although both share in securing water for the household, this responsibility falls mostly on women and to some extent, on children. Even for women engaged in paid work, they are still expected to be the ones primarily tasked in ensuring that the household will have water for use for their various needs. 117. The series of interviews and consultations done with various sectors, including vulnerable groups and women, also revealed the acceptability of the proposed project to the community it intends to serve. Because the proposed project is an improvement project designed to provide 24-hour water supply services, consulted sectors welcome the development and support MCWD in said undertaking. There was a high level of cooperation felt/perceived during the consultation as found in Annexes A, B. and C. 118. Community leaders (sultans) were also present during the Stakeholders’ Consultation Meeting held last 22 to 23 July 2019 in Marawi City. They lamented the current water supply situation in Marawi City and likewise expressed their support to the proposed project. Although they raised concerns on water governance, they did not cite any possible adverse impacts of the proposed project, especially on their identity, culture, and customary livelihoods. 119. Impacts on Public Resources. No community-owned facilities or cultural property will be physically affected. The proposed project will also pose no threat to people’s direct use of natural resources. 120. Impacts on Livelihoods Caused by Activities. The project is not foreseen to impact the livelihood activities of any individual. Based on the series of stakeholder’s consultation meetings, no concern related to the proposed project’s potential adverse impacts on people’s livelihood was raised.

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Information Disclosure, Consultation and Participation 121. The ADB upholds the centrality of stakeholder engagement in its fight to reduce poverty in the Asia and Pacific region. ADB is also committed to put meaningful consultation processes into practice. The stakeholder communication strategy for the project aims to increase public awareness of project benefits and improve the sustainability of the water supply and sewerage system improvements. It is also designed to promote public feedback during the detailed project design, construction, and operation phases. Project information will be disseminated by means of appropriate media and regular public consultations throughout the project cycle. 122. Meaningful consultation is a process that (i) begins early in the project preparation stage and is carried out on an on-going basis throughout the project cycle; (ii) provides timely disclosure of relevant and adequate information that is understandable and readily accessible to affected people; (iii) is undertaken in an atmosphere free of intimidation or coercion; (iv) is gender inclusive and responsive, and tailored to the needs of disadvantaged and vulnerable groups; and (v) enables the incorporation of all relevant views of affected people and other stakeholders into decision making, such as project design, mitigation measures, the sharing of development benefits and opportunities, and implementation issues. 123. ADB requires borrowers/clients to engage with communities, groups, or people affected by proposed projects, and with civil society through information disclosure, consultation, and informed participation in a manner commensurate with the risks to and impacts on affected communities.8

124. Consultation meetings with key stakeholders and site/field visit in Marawi were held prior to the actual conduct of the Stakeholders Consultation Meetings (SCMs) in mid-June 2019. These include meetings with the LGU Marawi, TFBM, MCWD and DSWD Region 10. Likewise, the ADB Social Safeguards Team and Project Team were updated on the results of the fieldwork of the Social Team. See a copy of the Minutes of the Meeting for SCM Clusters 1 ,2 and 3 in Annexes A, B and C, respectively, in the accompanying volume. 125. As part of the resettlement due diligence exercise, various stakeholders were engaged in the consultation process by the LWUA in partnership with MCWD, through the SCM which were conducted on 23 to 24 July 2019 in Marawi City. 126. The conduct of the stakeholder consultation generally aimed to present project updates and field activities to be conducted in the preparation of the REMDP on Output 3, which is the water supply component of the ERRM. Topics discussed include the following: project description, project components, project alignment, project benefits, civil works to be undertaken, estimated timeframe (when the project is likely to commence construction and when constructions ends), and field activities to prepare the REMDP. The SCM activity design and PowerPoint presentation materials are to be found in Annexes D, E and F. A Draft Project Information Brochure is appended as Annex I. 127. The first cluster of stakeholders was intended for policy and decision makers, representatives of the LGUs (city and 19 barangays), Task Force Bangon Marawi (TFBM), MCWD, Office for Civil Defense (OCD), Philippine National Police/Armed Forces of the Philippines (PNP/AFP), LWUA and International Non-Government Organizations (INGOs). This was held at the Conference Room of TFBM on 23 July 2019, from 8AM to 12 NN.

8 ADB. 2009. Safeguard Policy Statement. Manila.

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128. The second cluster of stakeholders was composed of representatives of business owners, residential customers, schools and learning institutions, health service providers, students, and traditional leaders. This was held at the Social Hall of Lanao Provincial Capitol on 23 July 2019 from 1PM to 5PM. 129. For the third cluster of stakeholders, representatives from the women, men, youth, and senior citizens sectors participated in the SCM. This was held at the Social Hall of Marawi City Hall on 24 July 2019 from 8AM to 12NN. 130. Below were the key issues and concerns raised by the participants along with the corresponding response given by the team. Table 6: Summary of the Collected Issues, Concerns and Responses During the SCM

Issues and Concerns Response / Remarks

Land Acquisition and Resettlement

- Legal feasibility: not all lands are owned by the government

- Inclusion of land acquisition and resettlement cost in the funding.

- Clarification on the proposed location of Treatment Plant near Agus River.

- Will there be land acquisition?

- Conduct of Stakeholders Consultation Meetings (SCMs) this early aims to identify problems on site acquisition and whether there is a need for land acquisition and resettlement (LAR), the full cost of which will be included in the project.

- The Proposed location for the Treatment Plant was beside Brgy. Tampilong/Aurora.

- Consultation with barangays and property owners would be needed if there will be privately owned properties to be affected. At this point, it is difficult to say if people will donate a piece of their properties considering the post-siege situation. But there might be some who may be willing to donate.

Project Administration

- Conduct of Feasibility Study (FS) and engagement of a Project Supervision Consultant

- Connectivity / trans central roads – DPWH and LWUA need to coordinate. DPWH is also tapping design and build contractors. Now it is only a matter of time to open the bidding. Lots of community participation – barangays are here so to hear their concerns: daanan ng tubig (pipe alignment), huhukayin (cutting/digging) – impacts of construction activities as mentioned in the safeguard policy.

- Procurement is most important; pre-construction of the project is critical.

- Consider local job creation in the Project, such as tapping local labor force during construction to help the community earn income.

- Clarification if the project is a loan or a grant from ADB. If it’s a loan, how will the mode of payment be?

- Marawi City was declared and is still in a state of calamity, therefore the need to expedite this Project should always be considered.

- Marawi City’s updated CLUP and its usefulness in data gathering and in the preparation of baseline data.

- Good that environment and social impact were considered in the assessment.

- Maynilad, together with CEST Inc., will conduct the FS for the Masterplan and

- Financial, Economic aspects were also included.

- The project will be implemented through a design and build contractor. On the part of LWUA, individual consultants are in the process of being hired to supervise and monitor the works of the contractor.

- LWUA is the Implementing Agency (IA) for the project. Implementation of the project based on the project timeline will commence in December 2019 or early January 2020 until December 2020. Procurement will follow ADB procurement policy.

- Local hiring will be considered in the project implementation.

- The project is a P3.1M grant from ADB. No need to worry about debt payments because cost will not be passed on to the consumer.

- The master plan will consider all the plans and ongoing projects in Marawi City.

- JICA’s road projects are possible to be implemented first, so proper coordination with them are being conducted to align the Project timeline to theirs.

- ADB is providing the grant for the improvement

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Issues and Concerns Response / Remarks

- The project vis-a-vis the seven (7) barangays identified in the SalinTubig Project.

- Tapping British expert Jeremy, a British expert on WASH who was part of the study on Marawi City that was conducted by International Alert in 2008.

- Marawi needs an expert to modernize its water system.

- Uncertainties in the governance of the Water District before the siege, cost recovery, water treatment, and maintenance of the elevated water tank.

- Approval of the development plan by the LGU. - Traffic slows down along road crossings

whenever there is ongoing road construction.

of the water supply system. Consumers pay the WD for the water supply services provided to them.

- Question regarding Mr. Jeremy will be referred to Maynilad and LWUA.

- The project was conceptualized with MCWD and with Marawi City. The LGU is well informed.

- The included barangays were provided by LWUA so it will not overlap with existing projects. Brgy. Amito is not part of the project. Design of the pipes are only until Brgy. Dayawan.

- LWUA asked MCWD for its existing service areas and the 19 barangays were identified. However, TFBM aims to rehabilitate the water supply for all of the 96 barangays. MCWD will find a way for the pipes / water supply to reach other areas.

Suggestions for the construction activity: - Midnight overtime work so as not to cause traffic - Contractors will be allowed to work on Fridays

along the driveways of households - Approval of a construction work schedule that

will work with the day-to-day activities of the community.

Project Technical Details

- Marawi City – Lanao Sur is a tropical area; with beautiful lake; can be used as dam. In Iligan, pipes there are almost bursting due to abundant water supply, while here in Marawi we rarely experience constant water supply. The plan of ADB is good; size of pipes has increased compared to the existing ones.

- Brgy. Saduc Proper is the closest to Agus River among the 19 barangays.

- Consideration of higher elevated areas, such as the old capitol, in the concept design by key experts from Maynilad and if it can reach the second floor of residential or commercial establishments.

- Will there be a need for a new meter? - If yes, will it be shouldered by the consumer? - There is only one functional ground reservoir

with a capacity of 1,000 cu m - Maynilad observed that there are different pipe

sizes and specification currently being used by MCWD.

- Use of the 1,000 m3 water tank. - Inclusion and prioritization of the Most Affected

Area. - Carrying capacity for commercial and residential

consumers. - Drainage canals that were left unfinished. Foul-

smelling water overflow from it, leaving the sidewalk and main road slippery.

- Inclusion and prioritization of schools in Marawi

- USEC Emil Sadain gave an instruction to DPWH Engineers not to allow the cutting and excavation of newly constructed road for pipelaying.

- Proposed road – there is a scheme that is being proposed by ADB and LWUA that will tap the contractors of DPWH to install first the pipes.

- Maynilad is requested to come up with the design for the project. ADB is checking the qualification of road contractors for water pipes installation.

- The proposed Treatment Plan was just a concept design included in the Master Plan and will be constructed in the near future.

- Maynilad confirmed that they considered elevated areas in their design and that water can reach even the second floor of their houses.

- If it (meter) is still ok, there is no need to have it replaced but if it is no longer functional or if there is a need to install one then it will have to be replaced.

- Pipes leading to houses will be replaced but those that will be laid inside houses will have to be shouldered by the consumer. This should be viewed as a long-term investment.

- Only defective meters need to be changed. But this is also based on the consumption of water by the user; if the meters are still going to function well.

- The concept design will follow the LWUA

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Issues and Concerns Response / Remarks

City for free. - Identification of sponsors to help secure water

supply connection. - Non-inclusion of some barangays and their

possible inclusion to the project. - Inclusion of Brgy. Amulong in the construction.

standard. - For 50-350mm, PVC type will be used. - For 350mm and up, steel pipes will be used. - In the future, 7 psi of water will be attained.

- The team was encouraged to take advantage of the opportunity and to put the best standards.

- The old system will still be operational during construction to ensure continuous water supply to customers.

- Phase 1 of the project are the already-served areas of MCWD, which are the 19 barangays. SalinTubig covers 7 barangays.

- On the carrying capacity, five to six members per household was used as basic assumption.

- The drainage system is also included in the master plan but focus for now is the water system.

- Madrasahs can apply for water supply connection and sponsors can be tapped to support them. There will still be monthly collection of fees for the operation and maintenance of the water supply system.

- MCWD is in the business of providing water. Schools may apply for water connection.

- A sponsor can be secured to cover the expenses for the application fee and pipe network leading to schools although this cannot be guaranteed. The monthly bills should be shouldered by the school.

- There is 75M budget for the ongoing construction of the reservoir in Sagonsungan. There was just a minor problem with the purchase of the lot.

- Brgy. Amulong is included but the priority for now are the 19 barangays.

Community Support

- The project will benefit the whole community of Marawi City.

- Congratulated the 19 barangay captains for having their barangay prioritized for the project and commended them for actively participating in the consultation meeting.

- Thankful and grateful for the project. - Some areas in Marawi City are not connected to

MCWD. Only those who can afford a pump have water supply while those who cannot opt to temporary connect to them and pay a corresponding amount.

- Everyone was encouraged to fully support the project.

- The consultation is being done to hear out the 19 barangays so they were encouraged to express their concerns.

- The participants were asked not to tolerate their neighbors who are into illegal tapping.

- Illegal tappers are usually related to their neighbors, which might explain for neighbors

- ADB is positively committed to the project.

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Issues and Concerns Response / Remarks

tolerating neighbors who tap illegally.

Water Supply Source, Operation, and Maintenance

- Leaking pipes that may cause diarrhea and other water-borne diseases to the community, specifically to MCWD customers.

- Is water still safe in Barangay Matampay? - Passing on the operational expenses to the

consumers. - Marawi has problem with water. Residents get

water from deep wells. - Lake Lanao is a huge source of water. - Possible water shortage by 2025. - Water supply shortage despite the presence of

an abundant source of fresh water like Lake Lanao and the Agus River.

- Water pressure in Marawi City is weak. Lake Lanao is in Marawi City but it is not being tapped. Where will the water come from?

- Will there be water meters? - Where will the money that consumers pay go? - Water flow in pipes used to be normal but illegal

connections became rampant and caused the disruption of water flow.

- Aside from leakages, there are also illegal tappers.

- Low water pressure. - Potability of water from the tap once the project

is implemented. - How much are we going to pay for water that we

did not use? We are still billed for water that we did not consume.

- Water pressure used to be strong. Now water is no longer flowing.

- Leaking pipes will be properly repaired. MCWD stressed that customers should not repair it by just using rubber to stop the leakage.

- The WD is conducting a monthly bacteriological test and so far, the results have come out negative.

- What consumers are paying for is the service provided by MCWD.

- Acknowledged the presence of leakages but it is something that MCWD can address.

- Explained the assessment conducted on the water system.

- A perennial problem at MCWD is that it produces so much water but is only able to collect a very small percentage of the fees.

- Many water users are not registered with the MCWD.

- Only 5% of the capacity of Agus River will be tapped. Marawi City has a large buffer.

- The project is for long term and it took into consideration the increase in population.

- There are other water districts in nearby areas that also rely on Lake Lanao and Agus River. Many of these have ceased their operation because of issues on administration and maintenance and operation.

- Maynilad’s service obligation in Manila is up to the second floor only.

- Additional water supply will come from Agus River.

- Water will be treated. The cost for this, along with the salary of employees and other expenses, will be covered by the payments of customers.

- The Water District is in the business of selling water. People apply, pay the application fee, and are connected.

- The base rate that consumers pay is spent by MCWD for the salary of its employees, for the power consumption of the pump stations, fuel, and other expenses for the daily operation of MCWD.

- Water is free but it is the services by MCWD that consumers pay for.

- MCWD will manage the proposed water system through the Salintubig program, WD will manage the project. The seven barangays will not be able to manage it with their respective internal revenue allotments only.

- Water can be drawn from Agus River – a sustainable source.

- Water will be potable. This is ideal because there will no longer be leakage. It would also be ideal if there were no illegal connections because once the pipes are perforated, it will be

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Issues and Concerns Response / Remarks

prone to contamination and it will no longer be potable.

- Meters will have to be replaced every 5 to 7 years and the existing meters have been in use since 2005 and have no air valves. After this project, consumers will be paying for accurate bills.

- Concerns about balance in payments should be coursed to the Billing Section of MCWD.

- The MCWD serves only 41 barangays. The barangay mentioned is not part of the area that MCWD serves. The pipes in the area are pre-war pipes and are already worn out. Part of the master plan is to rehabilitate these pipes.

- The TFBM is monitoring all the projects and it will be just a matter of time before water service connections in the area will be good again.

Grievance Redress Mechanism 131. A GRM is a systematic process to receive, evaluate, and address the project-related grievances of project affected persons (PAP) and/or groups and other stakeholders. A project level grievance redress mechanism will be made available to allow appeals against any disagreeable decision, practice or activity arising from land or other assets compensation. PAPs will be fully informed during the consultations of their rights and of the procedure for addressing grievances, both verbal and written. 132. However, care will be taken to prevent grievances rather than going through a redress process by ensuring active consultation with and participation of PAPs. If grievances still arise, all attempts will be made to resolve informally at the local level. At any stage of the grievance redress process, PAPs will have the option of taking their complaint to the formal mechanism of addressing grievances, including accessing the country’s legal system. 133. A Grievance Redress Committee (GRC) will be formed through a Memorandum of Understanding (MOU) between LWUA, MCWD and the Marawi City LGU will be established to attend to grievances as a Grievance Redress Committee (GRC). All complaints received in writing (or prepared in written form, when received verbally) from the PAPs shall be properly documented. All complaints shall be acted upon immediately and addressed through negotiation processes to arrive at a consensus, pursuant to the procedures detailed below. 134. There will be two levels of the grievance redress process open to any concerned party and other stakeholders during the REMDP implementation, as described below. 135. Level 1 – City Level – PAP representatives, representatives of affected Barangays and LGU Stakeholders shall comprise a Committee to be set up and shall meet in case a complaint is lodged. A decision should be made within 15 calendar days after receipt of the complaint. The aggrieved PAP or stakeholder will be informed in writing of the decision within two working days. The committee will be chaired by the City Mayor. If the City Mayor is a PAP, the chair of the committee may be represented by the deputy. The grievance shall be filed by the PAP (or the Punong Barangay) with the chairperson of the municipal grievance level committee. A record of the grievance will be provided to the CRIC within a working day of receipt by the city level Grievance Committee chairperson.

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136. Level 2 – If not satisfied by the city level committee decisions, an aggrieved PAP can appeal before the LWUA Project Management Unit (PMU). The LWUA PMU will have 10 calendar days within which to resolve the complaint. The resolution will be officially communicated in writing to the PAP within five working days from the date of the issuance of the decision. If not satisfied with the decision of the Level 2 or the earlier level, an aggrieved PAP may approach a court of law at any stage at his/her own cost, which is not a part of the project level GRM, and whose decision will be final. 137. Modes of Filing Complaint with the GRC. Although different modes of filing are acceptable to the project, the GRC at different levels will determine the validity of complaints filed and will see to it that the purpose of creating the GRC will not be misused or abused. The complainant, should he/she decide to personally file his/her complaint(s), will be assured of confidentiality by the officers and members of the GRC until proper venue has been provided to discuss and settle the reported issues. 138. There are different modes of filing complaints with the GRC:

i. Filing of complaints through GRC Logbook /database – the barangays officials will be required to provide a Logbook to record complaints raised by community member(s) or any individual in relation to the project implementation.

ii. Complaints/Grievance Reports via text messages – members of the GRC will make available official contact numbers for complaints/grievance filing (depending on availability of resources and technology). However, such messages will need to be documented and signed by a responsible official.

iii. Letter addressed to any GRC head or committee member. iv. Help desks will be established at the offices of LGU Marawi City and MCWD with

dedicated staff to manage and hotline numbers and e-mail address.

139. Irrespective of the above provisions, an aggrieved party may file his complaint directly with a court of competent jurisdiction pursuant to Section 45 of R.A. 7279. 140. Ethnic Minority Grievance Redress Procedure. There is a Complaint Desk at the MCWD which will be in operation to handle project-related grievances. The typical approach when handling the grievance will be through the process of Maranao negotiation. Conflicts between members of the affected ethnic minority will be addressed by the community in the context of customary laws and dispute resolution mechanisms. If invited, project-related staff and other stakeholders, e.g., barangay or LGU officials, may participate in the process, but their role will be defined by the officiating leader or council. Inter-community conflicts will be addressed by the communities themselves according to their customary or agreed upon dispute resolution processes. If an outside facilitator, mediator, or arbiter is required or requested, the project implementing and monitoring units will seek the intervention of the LGU to assume the role. This guideline applies to conflicts or disputes between the affected ethnic group and any of the project units or other groups or individuals involved in project implementation. 141. ADB’s Accountability Mechanism. In addition to the project level GRM required by ADB’s SPS, ADB also has an Accountability Mechanism Policy (May 2012). However, while the project level GRM is the responsibility of the EA, the Accountability Mechanism is the responsibility of ADB. The accountability mechanism provides opportunities for people (2 or more complainants) that are adversely affected by ADB-financed projects to express their grievances, seek solutions, and report alleged violations of ADB’s operational policies and procedures, including safeguards policy. ADB’s accountability mechanism comprises (i) consultation led by ADB’s special project facilitator to assist people adversely affected by ADB- assisted projects in finding solutions to their concerns and (ii) providing a process through which those affected by projects can file requests for compliance review by ADB’s Compliance Review Panel.

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Gender Strategy 142. The project will promote gender equity and ensure that women’s perspectives that characterize their social and cultural contexts are respected. The strategy will ensure that women participate in all phases of project activities and that their needs are explicitly addressed in the decision-making process. The project will recognize the unique status of women in ARMM and take into consideration the fact that displaced women carried the burden of sustaining their families and communities as the men either fought in the armed movement, hid from military persecution, or were conscripted into the rebel army. 143. “Women in ARMM are generally considered to have lower social and political standing than men. This has been attributed to cultural and religious constraints, particularly on Muslim women. However, this seems to apply only to rural women or socio-economically disadvantaged women in the cities; women who are members of influential or affluent clans enjoy disproportionate educational and employment opportunities. The employment profile in ARMM reflects more men than women who are employed, although women have a higher literacy rate than men. Women who are employed tend to occupy higher income jobs as executives or professionals. There are a few Muslim women politicians and those that do occupy higher public offices tend to belong to prominent families or clans. In the state justice sector, there has been an increasing number of women appointed or qualifying as legal professionals. The Supreme Court has appointed three women as judges in the state Shari’ah courts, representing 10% of the 30 currently sitting judges. At the time, this was regarded as an unprecedented move because some conservative thinkers in Mindanao would view this as unacceptable as a matter of Islamic jurisprudence (Deinla and Taylor, pp. 11-12).” 144. In compliance with the provisions of the REMDF, the project ensures women’s meaningful participation by encouraging the participation of both women and men during consultations. The same will also be ensured during the conduct of DMS. Gender issues, including HIV/AIDS and human trafficking prevention measures, will also be covered in the training to be provided during social safeguards planning document implementation. 145. Should there be assets that will be affected, the project will likewise ensure that both husband and wife will be eligible to receive due compensation and other allowances. In the case if multiple wives, the compensation amount will be equally divided among the husband and the wives regardless of whether they are residing in the same house or separate houses. 146. The project will also ensure that women are given an equal chance of being hired for project-related jobs and receive equal remuneration for the same work as the men. More than complying with the provisions of Republic Act No. 6685, the project will ensure that core labor standards are applied and that employing at least 20% women in skilled and unskilled positions in civil works is encouraged. 147. Compliance with GAD-related legal mandates, including prevention and response to gender-based violence, will also be observed by the project. This shall encompass the development/establishment and implementation of programs and mechanisms to adequately prevent and respond to incidents of sexual harassment and other forms of gender-based violence occurring in the context of civil works, emergency employment, and livelihood initiatives.

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Institutional Arrangements 148. The Department of Public Works and Highways (DPWH), as the Executing Agency (EA) will be responsible for overall oversight, strategic and policy direction. The EA will also be responsible for organizing and convening the steering committee, obtaining all relevant government approvals related to the works, and monitoring and reporting on project activities and outputs. The Environmental and Social Safeguards Division (ESSD), Planning Service will provide technical guidance and support in the implementation and monitoring of the safeguards activities. 149. The Local Water Utilities Association (LWUA) is the Implementing Agency (IA) for the water supply component. The LWUA as the implementing agency will be responsible for the overall delivery of outputs, including ensuring that outputs are delivered complying with agreed standards/quality. As the IA, LWUA will liaise and coordinate closely with MCWD, LGU and other agencies to ensure field support for grant activities and works. LWUA will also establish and oversee project accounting and auditing; prepare and submit quarterly reports to the EA for submission to ADB; ensure compliance with relevant grant covenants; approve and allocate counterpart budget (if applicable) and ensure that sufficient resources are allocated for O&M of water supply systems. 150. Specific roles and responsibilities of each agency are summarized in Table 7 below. Table 7: Roles and Responsibilities of Agencies for Safeguards Implementation

Agency Roles and Responsibilities

Department of Public Works and Highways (DPWH) – Executing Agency (EA)

i. Assist in community awareness raising activities for the safeguards implementation.

Local Water Utilities Association (LWUA) – Implementing Agency (IA)

i. Procurement of Goods, Works, and Services

• Procure all civil works, goods and consulting services as per ADB’s policies and regulations.

ii. Safeguards Compliance

• Implement and monitor safeguards compliance, including through submission of quarterly reports to the EA.

iii. Capacity Building

• Propose and participate in consultations and public awareness campaigns.

• Implement gender action plan: o Establishment of a mechanism to adequately

prevent and respond to incidents of sexual harassment and other forms of gender-based violence occurring in the context of civil works, emergency employment, and livelihood initiatives;

o Collection and appreciation of gender disaggregated data; and

o Inclusion of gender indicators in the development of project/program monitoring framework.

• Implement stakeholder communication strategy.

Steering Committee comprising of the following agencies: DPWH, LWUA, DOH, MCWD, Marawi LGU, HUDCC/TFBM, DOH-CO and DOH-ARMM

i. Provide an oversight during project implementation; ii. Advise and coordinate all ADB-financed Marawi project be

convened regularly to provide guidance and recommendations to the EA and IA on all aspects of grant implementation;

iii. Review achievements and provide guidance on key issues, including ensuring that outputs comply with

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Agency Roles and Responsibilities

required standards and specifications, that counterpart staff and resources are made available, that beneficiaries are engaged, and that relevant agencies collaborate effectively to deliver the project outputs;

iv. The existing TFBM Technical Working Committee for water, sanitation and hygiene (WASH) concerns, WASH cluster, and health cluster will serve as the technical working groups for the project.

Marawi City Water District (MCWD)

i. Will directly implement the water component with assistance from the LWUA;

ii. Will act as the local institution to deliver services to the Maranao communities since local staff are employed who are familiar with the dynamics at the barangay and city levels.

Local Government Unit (LGU) of Marawi City

i. To cooperate with LWUA to direct and oversee implementation and monitoring of the prevention of temporary disturbances, dusts, and noise as part of the environmental management plan;

ii. Address issues, grievances and complaints as indicated in the GRM section of this document

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Implementation Schedule 151. Civil works for the project is expected to commence by first quarter of 2020. Addressing the temporary disturbances and inconveniences will be covered under the provisions of the environmental management plan. During the project implementation, if there is any evidence of resettlement impacts, as mentioned before, a social assessment, including a socio-economic survey, census, and assets inventory will be undertaken and a REMDP will be prepared based on the REMDF and disclosed and implemented upon ADB’s review and concurrence. The proposed REMDP activities are listed in Table 16. 152. The Build contractor will be responsible in the preparation of civil works activities. Civil works shall commence immediately in consideration of the availability of the ADB funding mechanism. Table 8: Indicative REMDP Implementation Activities (if required)

Activities 2020

REMDP Preparation and Implementation 1 2 3 4 5 6 7 8 9

10 11 12

1. Draft REMDP Preparation

Briefing of Local Authorities

Conduct of Socio-Economic Survey

Consultation and Disclosure Activities

Establishment of various committees

2. Draft REMDP Review and Approval

3. Mobilization of Social Safeguard /Social and Gender Specialists

4. Capacity Building for Relevant DPWH/LWUA/MCWD Staff

5. Implementation of the REMDP

Consultation and Disclosure Activities

Grievance Redress Mechanism

6. Monitoring

Monitoring and Reporting 153. The project is categorized as B for involuntary resettlement and B for indigenous peoples safeguards according to ADB’s SPS. However, as Component 1 – the subject matter of the due diligence report – does not have any land acquisition and resettlement issue but only environment related issues, the monitoring matter will be covered and reported under the provisions of the environmental management plan. This will include monitoring and reporting on the prevention of temporary disturbances and inconveniences, dusts, noise, etc.