China - Third Xinjiang Highway Project : indigenous peoples plan

Third Xinjiang Provincial Highways Project: IP P 1 5 Ethnic Communities Action Plan by Xinjiang Communications Department Introduction 1. The Xinjiang Uygur Autonomous Region Communications Department .(XCD) is preparing a highway'imp.rovement project, and is seeking World Bank financial support. The proposed Third Xinjiang Highway Project includes improvement of more than 300 kilometers of existing national highway (the highway component) and improvement of more than 600 kilometers in a set of existing local roads (the local road component). 2. Xinjiang is officially designated as a Uygur autonomous region and Uygurs constitute the largest single ethnic group in the population. Nonetheless, Xinjiang is ethnically diverse, with significant proportions of Han, Kazakh, Hui, and Mongolian people, as well as smaller numbers from many of the officially designated 56 nationalities in China. In some areas of the project., one or two nationality groups represent large majorities of the local population. In other areas, the local population is more diverse. Similarly, the extent to which members of minority nationalities maintain distinctive or traditional patterns of life varies from place to place, and from group to group. 3. Through a social assessment process, it has been determined that many of the people potentially affected by the project exhibit distinctive characteristics warranting coverage under World Bank Operational Directive 4.20 (Indigenous Peoples). As a prerequisite to World Bank appraisal, the XCD must undertake special planning measures to protect the interests of ethnic groups deemed covered under OD 4.20. The primary objectives of OD 4.20 are: a) to ensure that such groups are afforded meaningful opportunities to participate in planning that affects them; b) to ensure that opportunities to provide such groups with culturally appropriate benefits are considered; and c) to ensure that any project impacts that adversely affect them are avoided or otherwise minimized and mitigated. 4. This document describes actions already taken, or yet to be taken, by XCD (or other agencies supporting the project) to ensure that project arrangements meet the requirements of OD 4.20. The actions described respond specifically to issues raised during consultations with potentially affected people as part of the social assessment process. While this plan demonstrates efforts taken by XPD to be responsive to concerns raised by members of minority nationalities, it should be emphasized that very few of those concerns relate directly to any particular minority nationality. In other words, in most cases, those consulted are concerned by issues relating to resettlement standards, FILE COPY environmental protection, road safety, and road access. Such impacts are not group- specific and are of interest to all persons potentially affected by them. In many instances, then, this plan makes reference to actions or measures contained in the separate Resettlement Action Plan (RAP) or the separate Environmental Action Plan (EAP) prepared for the project. 5. Taken as a whole, the plan demonstrates that potentially affected members of minority nationalities have been consulted regarding their views and preferences, that the project as designed would provide culturally appropriate benefits much desired within the project area, and that sufficient measures have been taken (or would be taken) to mitigate unavoidable adverse impacts. Project Description 6. The primary objective of the project is to improve regional transportation flows. The highway component is intended to relieve congestion and improve highway and travel standards along a segment of highway providing important national and international linkages. The local roads component is intended to improve accessibility to poor rural areas, both to stimulate local economic activity and to ensure basic mobility needs of the poor. 7. The main component in the project is improvement to the existing roadway from the city of Kuitun to Sailimu Lake, the last unimproved segment of the 1,430-kilometers of National Highway 312 in Xinjiang. The 302.5 kilometers of road works includes an 18 kilometer expressway from Kuitun to Wusu; 229 kilometers of Class I highway from Wusu to the Bole Fork; and rehabilitation of 55.6 kilometers of Class II roadway from Bole Fork to Sailimu Lake. About 80% of the works will be situated along existing road alignments; new alignments are proposed primarily as bypasses in urban areas such as Wusu and Jinghe. 8. The local roads component provides improved transportation conditions between rural villages and townships to provincial or national highways. The local roads to be rehabilitation are scattered throughout Xinjiang. A tentative list of 12 such local linkage roads (600 kilometers in all) has been proposed for rehabilitation over four years. Of these five links (involving 267 kilometers of roadwork in all) have been proposed for the first year of implementation. 9. Roadworks included in the first-year implementation plan (including length of roadway targeted for improvement) for the local road component are: * Bayituohai-Zhaosu Road (S220): 89 kilometers * Qitai-Santai Road (S303): 34 kilometers * Mulei-Sangezhuangzi-Qitai (S303): 55 kilometers * Aksu-Awati Road (S208): 59 kilometers * Baicheng-Yurgun Road (S307): 30 kilometers 10. Consultation exercises (conducted through environmental assessment, resettlement planning, and social assessment processes) have been undertaken for the main highway component and local road linkages included in the first year implementation program. Additional assessment activities will be undertaken for remaining local road linkages following final selection. Description of the Local Population 11. World Bank OD 4.20 provides five distinguishing characteristics to be used in identifying minority nationality communities that may warrant special attention in project planning. These five distinguishing characteristics are: a) close attachment to ancestral territories and resources; b) reliance on subsistence modes of production; c) self-identification or identification by others as distinctive groups; d) use of a language different than prominent or official languages within the country; and; e) reliance on customary cultural and socioeconomic institutions. Based on social assessment results and direct field observations, the World Bank project task team has concluded that all five of these distinguishing characteristics are present in varying degrees in areas to be affected by the project. This section describes the population in the project area first in ethnic demographic terms, and then reviews conditions in the project area with reference to the five distinguishing characteristics listed in OD 4.20. 12. Xinjiang taken as a whole is highly diverse, both in the number of minority nationalities represented in its population and in the widely varying patterns of population dispersion. As the people for whom the autonomous region was established, the Uygurs are the largest single population group, constituting 46% of the regional population. According to the Xinjiang Statistical Yearbook (2000), other major groups (in terms of share of population) include the Han (39.2%), Kazakhs (7.13%), and Hui (4.54%). Smaller numbers of Mongolians, Kyrgis, Tajiks, Tatars, Russians, Uzbeks, Dongxiang, and several other groups are also represented among the regional population. 13. All of the proportionally significant minority nationalities also are present in the area to be affected by the 302.5-kilometer Kuitun-Sailimu Lake highway improvement component. According to Xinjiang Statistical Yearbook (2000) data cited in the social assessment report prepared for the project, Han people are statistically predominant along the overall alignment, largely because of high concentrations in urban areas. Moving westward from Wusu, however, the population density gradually diminishes and, in many areas, diversifies. Part of the alignment traverses the Yili Kazakh Autonomous Prefecture, in which Kazakhs constitute only 26% of the population. At the western end, the alignment traverses the Bortala Mongolian Autonomous Prefecture, in which Mongolians account for only 6% of the population. 14. The selection criteria used to develop the tentative list of linking roads for the local roads component included both income data and ethnic composition of the population to be served. Among the five linking roads included in the first year implementation program, the largest population groups are estimated as follows: *Bayituohai-Zhaosu Road (S220): Uygur (56.7)%, (Han (18.4%), Kazakh (11.5%), other (13.4%) *Qitai-Santai Road (S303): Han (78.5%), Kazakh (7.1%), Hui (6.5%), other (7.9%) *Mulei-Sangezhuangzi-Qitai (S303): Han (84.2%), Kazakh (8.9%), Uygur (5.9%), other (1%) * Aksu-Awati Road (S208): Uygur (90.3%), Han (9.7%), other (very few) kilometers *Baicheng-Yurgun Road (S307): Uygur (86.3%), Han (13.5%), other (0.2%) Presence of distinguishing characteristics (as listed in OD 4.20): 15. Distinctive language use: Among the most prominent minority nationalities, the Uygur, Mongolian, and Kazakh people have their own spoken and written language (as do the Han people). The Hui people typically communicate using the Han spoken language and script. Patterns of bilingualism vary widely from group to group, and from location to location. For highway purposes, regional regulations require the use of bilingual (Han Chinese and Uygur) signage. Most people (this is likely to be especially true of licensed vehicle operators) can read at least one of these two scripts. 16. Identification as culturally distinctive groups: As already stated, the minority nationalities residing within the project area are officially designated as such. In some cases, their status is further enhanced by designation of autonomous administration areas. Xinjiang itself is officially designated as a Uygur autonomous region. The project area also affects the Yili Kazakh Autonomous Prefecture and the Bortala Mongolian Autonomous Prefecture. Official designation aside, members of minority nationalities clearly identify themselves and others as members of distinctive cultural groups. 17. Reliance on subsistence modes of production: Economic activities also are highly variable. However, along the western side of the Kuitun-Sailimu Lake road alignment and in some areas affected by local road improvements, many minority nationality households (primarily Kazakh and Uygur) continue to rely on traditional pastoral lifestyles. This involves significant reliance on their own production for subsistence, along with some degree of localized trading. 18. Use of customary social and cultural institutions: The extent of acculturation and socioeconomic integration varies widely. Especially in rural areas, however, local minority nationality communities continue to follow customary or traditional practices. Many local communities have strong religious attachments (Uygur, Hui and Kazakh people are predominantly Muslim; most Mongolians are Buddhist). 19. Close attachment to ancestral territory or natural resources: Xinjiang is characterized by diffuse patterns of migration over time. Among many pastoralists, however, there are long-established traditional herd migration routes. Those following traditional pastoral patterns are dependent on access between summer and winter pasture. They also are dependent on sustainable management of ecological fragile pasture in many areas. Consultations and Participation 20. Project design and preparation has included widespread consultation with potentially affected persons, including those belonging to minority nationalities. As stated previously, preparation of a separate RAP and EAP for the project required extensive consultation processes. Additionally, a social assessment process was undertaken specifically to ensure that minority nationalities were adequately consulted regarding their concerns and preferences. 21. The social assessment followed a process specified in terms of reference agreed between XCD and the Bank. The work was undertaken by a team of local social scientists with appropriate methodological and language skills. The fieldwork and social assessment report were reviewed by Bank consultants, who have found the social assessment to be of acceptable general quality. 22. Major activities included in the process were: initial screening of the K.uitun-Sailimu alignment and the five local roads proposed for the first-year implementation program; identification of major stakeholder groups; identification of specific areas for in-depth assessment; conducting consultation activities (using Participatory Rapid Appraisal methods, focus group discussions, and questionnaire surveys); drafting a report analyzing results and offering suggestions for project improvement. In all, consultations involved more than 350 persons along the Kuitun-Sailimu Lake alignment and more than 340 persons for the five local roads included in the first-year implementation program. 23. Social assessment report results show that a large majority of persons expect to benefit directly from improved transport conditions. In general, communities in the project area expect the project to improve access to markets, thereby spurring agricultural activity, and to improve access to basic services and such customary activities as religious functions and family visitation. Accordingly, the report shows widespread support for the project itself. 24. Nonetheless, some areas of concern arose during the consultation process, as well as some suggestions for project improvement. Many concerns voiced by people in minority nationality communities relate to resettlement or environmental issues of concern more broadly in all affected communities. However, some general categories of concern appear to be of particular importance in minority nationality communities. These include: roadway and traffic safety, maintenance of access for pedestrians and non-motorized traffic, protection of ecologically fragile pasture areas, and careful management of the construction process in areas of cultural sensitivity. Design and implementation arrangements already taken, or to be taken, in response to such concerns are described below. 25. A project providing improvement to existing roadways by its nature offers relatively few opportunities for direct participation of affected communities. In addition to consultations, local people have participated in confirming resettlement census-survey results, and will have opportunities to participate in evaluation of project implementation through monitoring arrangements. Legal Framework 26. China has established a complete legal framework for the protection and development of officially designated minority nationalities. This legal framework consists of: * The Constitution of the People's Republic of China * Law on Autonomy in Minority Nationality Regions * Administration Regulation in Minority Nationality Townships * Law on Villager Committee Organization 27. The Constitution of the People's Republic of China, as adopted in 1982, provides that "all minorities in the People's Republic of China are equal. The State guarantees the quality, unity and helping relations of all minority nationalities. The State forbids discrimination and oppression against any minority nationalities. The Stale forbids any activities against the unity of all nationalities and of racial separation." 28. The Constitution also states that the State supports all minority nationalities in their economic and cultural development according to their needs and characteristics. Areas of minority nationality concentration will practice autonomous administration with the establishment of their autonomous administration bodies and the right of autonomous administration. All autonomous minority nationality areas are an inseparable part of the People's Republic of China. 29. All minority nationalities have the freedom to use and develop their own oral and written language, maintain or reform their traditions and customs. The Constitution also provides clear stipulations for the establishment of the regional autonomous governments. 30. The Law on Autonomy in Minority Nationality Regions, adopted by the second session of the Sixth National People's Congress in 1984, provides for the establishment of minority nationality autonomous areas. This law stipulates that, apart from the same responsibilities accorded to the same level of local governments, the authorities of the autonomous areas have the following responsibilities for autonomous administration: * autonomous legislative powers * autonomy in management of local political affairs * autonomy in management of local economic development * autonomy in management of local financial affairs * autonomy in management of local affairs in science, education and culture * autonomy in organizing local public security forces * autonomy in using and developing minority nationality languages * autonomy in training and employing minority nationality cadres 31. This law stipulates that the chairman of the people's government of an autonomous region, prefecture, or county must by law be a member of the nationality or one of the nationalities for whom the autonomous area is established. Other leadership and administrative posts should be filled by members of that nationality or other minority nationalities living in the area to the greatest extent possible. The law also gives autonomous area governments a wide range of economic rights and responsibilities. 32. The law also provides a guarantee of religious freedom and of freedom not to believe. The law also stipulates that "the autonomous administration should support other minority nationality groups living in the autonomous region to establish their local autonomous administration or minority nationality townships. The autonomous administration should support all minority nationalities in the autonomous regions in their economic, education, cultural and health development." 33. The Administration Regulation in Minority Nationality Townships, issued in 1993, stipulates that autonomous township administration should be set up in areas where minority nationality population live in concentration, and that the township autonomous administration, in consideration of local needs and minority nationality characteristics, govern according relevant laws and regulations. 34. Law on Village Committee Organization also used stipulations regarding the organization of villager committees in minority nationality villages. 35. Xinjiang regional regulations relating to land acquisition and resettlement arrangements are reviewed in the separate RAP prepared for the project. Issues and Measures Relating to Land Acquisition or Loss of Assets 36. In consultations with members of various minority nationalities, issues relating to loss of land or other assets, including compensation to be paid for lost assets, often arise. The extent of such impacts and corresponding mitigation measures are provided in the separate RAP. As they are general issues of relevance to all affected persons regardless of ethnicity, these arrangements will not be described here. However, two resettlement- related issues have been identified as of particular sensitivity to minority nationalities, and hence arrangements provided in the RAP are recounted here. 37. Loss of pasture land: As most of the civil works are situated on existiig road alignments, land acquisition (including acquisition of pasture area) is relatively modest in the project. Only a very small amount of pasture area (34 mu, or 2.25 hectares) is to be acquired in the project, which is associated with a minor change of alignment along an existing road in the Sitai area of the Kuitun-Sailimu Lake Highway. This alignment, in fact, was chosen in part after it was determined that an earlier proposed alignment would have required more land, and would have been more damaging because it would require construction through a presently undisturbed pasture area. The amount to be acquired would be generally insignificant in terms of impact on productivity or carrying capacity in the immediate area. The RAP requires payment of compensation at replacement cost for lost pasture land, in this case calculated as seven times the average annual output value of the land. 38. Relocation of tombs: The RAP provides for a payment of 500 RMB per tomb to cover costs of relocation (in contrast to a regional standard of about 400 RMB). There is no differential payment for minority nationality tombs. Relocation of minority tombs, however, will be done in consultation with family members, and with the cooperation of the county religious affairs department. XCD will also provide at least two months' advance notice to the county religious affairs department as well as county and township governments before construction is to begin in the immediate area, so that family members will have sufficient time to arrange relocation details. Issues and Measures R,elating to Environmental Protection 39. Consultations with members of minority nationalities raised concerns relating to many issues of relevance to all affected persons regardless of ethnicity. Measures relating to these issues are contained in a separate EAP, and will not be reviewed here. However, two issues are of particular importance or sensitivity to minority nationality communities. 40. Protection offagile pasture: Much of the pasture land in western areas of Xinjiang is ecologically fragile, consisting of scattered clumps of vegetation on very poor soils. Members of minority nationalities who rely on animal husbandry are concerned that construction activities may destroy pasture areas. Past construction-related activities (including taking of borrow materials, and temporary diversions of roadway during construction) caused damage that sometimes has not been remedied or compensated. The EAP provides measures for the protection of pasture. Among its provisions: * Construction activities are to occur within existing rights-of-way; no detours or other highway diversions will affect pasture areas during construction. * Where borrow materials are necessary, they will be obtained from designated quarries located in vegetation-free areas. * Construction contracts include performance standards relating to the above conditions. Contractors damaging pasture areas are required to provide prescribed remedial measures, and can be denied payment in the event of poor performance. (The Xinjiang regional environment department has responsibility for monitoring impacts on pasture areas.) 41. Construction near mosques: In areas where mosques are located near the roadway, local residents voiced concern that the construction process would disrupt religious activities. To prevent such occurrences, XCD will instruct contractors that construction activities are hot to be undertaken within 500 meters of any mosque on Fridays (the primary day of worship). Issues Relating to Highway Safety 42. In consultations, members of minority nationalities expressed concern that improved road conditions and the resulting higher vehicular speed may pose new or exacerbated dangers for smaller vehicles (tractors and animal carts) and pedestrians - especially school children. Concern also was raised regarding traffic control in places where people gather periodically, such as mosques and weekly markets. While some of the danger may be associated with disruptions during construction, some is associated with the intended change in road conditions, and thereby is more permanent in nature. 43. Routine project design includes physical measures in some areas to enhance highway safety. These measures, such as construction of sideways or hardened shoulders to accommodate pedestrians and smaller vehicles, are already planned for many of the specific areas of concern highlighted in consultations. Additionally, XCD will review potential road conditions in particular areas of concern identified during consultations, and will issue construction variation orders to provide sideways, zebra crosswalks, roadside barriers, or other physical measures where substantial hazards exist and where physical measures may be effective in reducing hazard. 44. In some areas of concern, the basic topographical conditions that contribute to road hazards cannot be eliminated altogether. The Tekes Dawan segment of the S220 local road linkage, for example, is a sloped and curving alignment traversing a relatively narrow gorge. All forms of traffic (motorized, non-motorized, livestock herds, pedestrians) must share the road space. The project design will reduce the slope (from 11% to 6%), but the basic topographical problem will persist. In such places, caution signs will be posted. 45. In response to concerns raised in the social assessment report, XCD will undertake an information campaign to educate pedestrians and other road users about potential hazards. The safety information campaign will consist of the following measures: * Posted lower speed limits in the vicinity of high-density pedestrian areas such as schools, mosques and markets, and posted caution signs for traditional livestock crossings. * A school visitation program in which local police will discuss highway safety with school children. * Distribution of highway safety pamphlets (in Han and Uygur) and promotion of slogans to be painted on walls and other public surfaces. Livestock Access 46. In many areas of the Kuitun-Sailimu Highway and in many areas serviced by the local roads component of the project, minority nationality communities remain reliant on animal husbandry, including traditional pastoral modes of subsistence. This project does not involve construction of new roads, and does not include physical barriers designed to restrict movement of livestock or access to pasture areas. Nonetheless, consultations with herders raised concerns that improved road conditions and higher travel speeds may hamper the ability to move livestock in some areas. 47. Livestock access is considered an environmental issue, and livestock access arrangements are covered in detail in the separate environment assessment and environmental management plan prepared for the project. In general terms, arrangements are as follows: 48. Under current conditions, the Kuitun-Sailimu roadway and the local roads included in the first-year implementation program do not provide any physical measures relating to livestock access; livestock in many areas use the roadway itself, which in some areas is built on traditional herd migration routes. For this project, the project design (primarily for the Kuitun-Sailimu highway alignment) included study for placement of eight herdway underpasses and 40 culverts to be widened specifically for the purposes of facilitating livestock movement under changed road conditions. These facilities are accessible where traditional herd migration routes intersect with the roadway. To re- confirm the appropriateness of design, XCD will review locations of herding pathways and culverts with county animal husbandry bureaus and pasture farms in the project area. (Additionally, XCD will consult with the animal husbandry bureaus and pasture farms to ensure that construction schedules are arranged to facilitate seasonal livestock migration.) 49. Project design, then, encourages utilization of underpasses and culverts for livestock movement. In most areas, adjacent rights-of-way will remain open so that livestock can be moved to underpasses or culverts without use of the roadway itself. However, no physical barriers or regulatory changes will be made to impede use of the roadway; herders will remain free to move livestock across or along the roadway when they believe it more convenient and reasonably safe to do so. Miscellaneous Issues 50. Local employment: In social assessment consultations for the local roads components, many persons expressed hopes that the construction process would generate employment opportunities for local residents. XCD and contractors are bound by regulations requiring sufficiently skilled personnel to promote appropriate quality standards. Nonetheless, local construction is likely to create temporary opportunities for unskilled labor. 51. Bilingual signage: Consultations showed a preference among members of minority nationalities for bilingual road signs. By Xinjiang regional regulation, roadsigns will include both standard Chinese and Uygur script. Most members (especially vehicle drivers) of other minority nationalities are familiar with one of these scripts. While some persons might prefer that highway signs also include Kazakh and/or Mongolian script as well, XCD maintains that placement of multi-script road signs would serve relatively few and could cause difficulties for drivers seeking information. In the Bortola Mongolian Autonomous Prefecture, the Yili Kazakh Autonomous Prefecture, and perhaps in other areas with Kazakh or Mongolian communities, sideway indicator signs (direction markings for pedestrians or livestock herders, for example) will include the locally relevant script. 52. Cultural sensitivity: As already stated, contractors will be instructed to avoid construction activities within 500 meters of mosques on religious days (Fridays). They also will be advised to avoid other behaviors (such as conspicuous consumption of pork) in predominantly Muslim communities. Institutional and Financial Arrangements 53. Many of the activities or measures described above are contained in the separate RAP or EAP prepared for the project. The institutional and budgeting arrangements for these activities or measures are included therein. Regarding all other measures and activities included in this plan, XCD is directly responsible for implementation or has obtained agreement with other agencies involved. XCD is responsible for provision of funding required to implement the plan (including provision of funding where necessary to other agencies responsible for some aspects of implementation such as construction of sideways). 54. Arrangements regarding future identification of local linkage roads: At present only five of an estimated 12 roads to be included in the local roads component have been prepared for the first-year implementation program. While remaining areas have been tentatively identified, detailed preparatory works will be undertaken immediately prior to implementation. Separate measures have been provided to manage any resettlement or environmental impacts. Following final identification of roads to be included, a separate social assessment process also will be undertaken. This process will follow the steps and methods as described above to ensure adequate consultation with minority nationality communities. This plan will be updated or revised as necessary in response to social assessment results. Submission of a revised plan acceptable to the Bank will be a condition of initiation of civil works. XCD also agrees that it will bear responsibility, including financial responsibility for implementation of all necessary measures included in the revised plan. Monitoring and Grievance Procedures 55. Provisions for monitoring resettlement and environmental impacts are contained in the separate RAP or EMP prepared for the project. TORs for external resettlement monitoring include minority nationality language skills and require use of minority nationality languages where necessary for effective communication. External resettlement monitoring reports will review issues of concern to minority nationality communities. 56. Regarding all other aspects of plan implementation, XCD will submit for Bank review annual implementation progress reports. These reports will include a review of actions taken in response to specific safety or access issues raised during social assessment consultations. 57. The separate RAP and EAP include procedures by which affected persons can pursue complaints regarding what they view as inappropriate project implementation. With regard to resettlement-related issues or environmental management issues, these procedures are available to members of minority nationalities, as they are to everyone similarly affected. XCD will regularly monitor the performance of contractors during construction, which will include contractor adherence to matters of cultural sensitivity, as described above. All aspects of ECAP implementation also will be subject to regular Bank project supervision. PEO - May 2002