Deal #10447

According to the Indigenous People Planning Framework, there are 453 Janajati (indigenous) Project Affected HHs(PAH) who belong to seven janajati groups. Amongst these, 75 percent of the PAH are Magars followed by Newars (11 percent) and Gurungs (7 percent).

The Indigenous People’s Safeguards in ADB’s Safeguard Policy Statement (2009) specifically addresses customary land rights under Policy Principle №8. This principle requires the “preparation of an action plan for legal recognition of customary rights to lands and territories or ancestral domains in a project involving (i) activities that are contingent on establishing legally recognized rights to lands and territories that Indigenous Peoples have traditionally owned or customarily used or occupied, or (ii) involuntary acquisition of such lands.” Using this provision, the complainants from the Magar community have continued to demand that land for land compensation should be provided for both titled and untitled lands that will be inundated by the project. A significant portion of the land used collectively by the community that the project will impact is untitled. Due to legal complications and bureaucratic hassles, except for a few families who have titled land, most of the land that will be inundated has not been registered till now. Initially, the project proponent Tanahu Hydropower Limited (THL) only provided the affected communities with the option of cash-based compensation and inadequate rates of compensation. However, the complainants disagreed with their proposal and used provisions from the ADB and EIB safeguards and international human rights treaties that Nepal is a signatory to such as ILO Convention 169 and UN Declaration of the Rights of Indigenous People,, to assert their right to land-based compensation. In October 2022, THL then shared a proposal for exploring the option for land-for-land compensation for titled lands of the Committee members. They suggested that to determine if land-for-land compensation can be implemented is conditional upon approval from Nepal’s Cabinet of Ministers and to explore land-for-land options, they proposed a timeline of 3.5 years.

I have found evidences of stakeholder meetings held for consultation: https://openjicareport.jica.go.jp/pdf/11859006_07.pdf. However in another article it was said: "For indigenous communities, meaningful participation in consultation and decision making is a key prerequisite to any development project. This has not been the case for Tanahu. As one resident noted: “We don’t have any information about who exactly is funding this project. There was no public hearing.”" Communities have demanded copies of project documents, meaningful consultations with a policy of informed consent and inclusion in relevant committees making decisions about the project. They have also travelled to Kathmandu to submit their memorandum to the Tanahu Hydropower company and the National Human Rights Commission. The government and the company have promised to respond to their demands. Communities are also contesting the government’s decisions on the scale and scope of compensation. In February 2017, around 350 villagers rallied and assembled in front of Tanahu District Office asking the government to follow the ADB safeguards policy. https://dialogue.earth/en/energy/nepalese-villagers-make-voices-heard-on-tanahu-hydropower-project/

Some community members were hopeful as can be seen in this stakeholder meetings from JICA. They have asked for shares to the hydropower, and demand other facilities as well. https://openjicareport.jica.go.jp/pdf/11859006_07.pdf However there are other community members who are still unhappy with the project, specially the indigenous group who will lose major areas with cultural and religious importance. At least 32 indigenous Magar families affected by the Tanahu Hydropower Project in western Nepal have been protesting against the Project calling for ‘land for land’ and ‘house for house’ compensation; re-survey of land left out during the ‘Detailed Measurement Survey’ of the Project, and free, prior and informed consent in the Project process, among other demands. In this video, Til Bahadur Thapa, chairperson of the affected families’ committee, explains why they are opposing the Project. A quote from Til Bahadur Magar: ‘At the time, we thought that we would be compensated adequately so we can buy lands similar to our own, which will be inundated. We thought that we would be provided with grazing fields and forests like we now have in the area. However, it did not go that way – quite the opposite, actually. In the name of development, we are losing our lands, and our families and forthcoming generations are being displaced for little to no compensation. That is why we are not satisfied with the project.’ https://minorityrights.org/resources/trends2023-water-justice-and-the-struggles-of-minorities-and-indigenous-peoples-for-water-rights-a-planetary-perspective-21/

Many landowners in Badarkuna have accepted compensation at the arbitrary rates determined by the Nepal government. But not everyone in the village is prepared to accept the current scheme proposed by the authorities, even though additional payments have been promised for disruption of cultivation, in an effort to quell widespread opposition to the Tanahu Hydropower Project by affected families. Til Bahadur belongs to one of 30 other indigenous Magar families whose lands will be inundated but who have refused to accept compensation, arguing the compensation is ‘inadequate and unfair’. In addition to the threat of inundation, sand and rocks from the river are increasingly being extracted. This is affecting nearby grazing areas as well as cremation and ritual sites. These things would never have happened, according to Til Bahadur, if the dam had not been approved in the first place or, at the very least, if consent from local indigenous communities had been procured in an open and transparent way.

According to the resettlement framework prepared by NEA and THL, about 758 households will be affected by this project. The framework further says that out of 758 households, 86 households will be physically displaced and relocated to their current village. The report further says that the affected households are rated as indigenous and vulnerable. In addition EIB’ report also confirms that the majority of affected people belongs to indigenous groups whose social and cultural ways if life may be compromised. According to the field visit, it is found at 19 families in Wantang Khola of Rishing Ranpokhari VDC, 7 families in Chhang VDC as well as in Beltar of Kahun Shivapur, Bhimad and Jamune VDCs. https://www.stopcorporateimpunity.org/adb-hydropower-project-nepal/ My personal opinion is the displaced HH will be higher as there are people who have been affected after inundation as well however this only considers the actual construction of the project not its spillover effects.

Land Acquisition According to the EIA addendum 2012 prepared by NEA and THL, the total land required by the project is 828ha. Out of this, project implementation will have to acquire 112 hector and leasing of 19 hector of private land (THL and NEA, 2012). There is no mentioning of landless people who are living there from many generations without land certificates. It is found that lands in Vyas Municipality and Kahun Shivapur have already been acquired by giving compensation in cash before 2014. Project had distributed Rs 156.8 million to the landowners of the affected area immediately after the land compensation distribution was started in mid-February 2017. The government has allocated a total of Rs 420 million for land compensation purposes of the project within in 2017 fiscal year. There are people and community school (Dipak Community Secondary School has occupied 216 ropani land without land-certificate) who are living there from many generations however they do not have land certificates. According to Land Acquisition Act, 1977 of Nepal, they are not entitled to get compensation. As one of the locals said in Damauli, their land (Darai: marginalized community) was taken for establishing District headquarter and was paid cash compensation as well. But Daraicommunity had no idea to manage those cash and did not have wisdom to buy lands for survival. Finally they spend all money and they are now landless around Damauli. Public Resources and Infrastructure According to EIA addendum, 2012 prepared by NEA and THL, it is found that suspension bridges, source of drinking water, access roads, foot trails, temples, and cremation sites will be completely destroyed by the project. In addition, it is found from the EIA 2012, this project will have pressure on public resources due to relocation of the affected households. It is already seen that due to tunneling work, the water supply is halted. The tunneling has disturbed the groundwater flow. Now they just have few hours’ access of water instead of 24 hours/7 days supply. It is already pointed in the EIA 2012 that the project will have major impacts on environment and livelihood of the project sites. Involuntary Resettlement According to the resettlement framework prepared by NEA and THL, about 758 households will be affected by this project. The framework further says that out of 758 households, 86 households will be physically displaced and relocated to their current village. The report further says that the affected households are rated as indigenous and vulnerable. In addition EIB’ report also confirms that the majority of affected people belongs to indigenous groups whose social and cultural ways if life may be compromised. According to the field visit, it is found at 19 families in Wantang Khola of Rishing Ranpokhari VDC, 7 families in Chhang VDC as well as in Beltar of Kahun Shivapur, Bhimad and Jamune VDCs. Livelihood This project will have major impact on the livelihoods of affected people. The means of livelihoods affected by the project is agriculture, fishing, fuel wood and fodder collection. Majhi, Bote, Danuwarand Darai are known as fishermen who are indigenous and marginalized, vulnerable group in Nepal. Fishermen depend entirely on rivers for their livelihoods. They cannot survive without river and most of them are landless. Fishing is their ancestral profession. Fodder, Cattle rearing, manure production and agriculture are interlinked. If one is affected the entire cycle is affected. Environment According to EIA addendum 2012, the project will have impacts on aquatic ecosystem, terrestrial ecosystem and the habitat of fauna and flora. It further says 400.3 hector forests will be lost which contains 162,000 trees, 18.7 ha of shrub land and 94.3 hector grassland. Mainly there is a concern of barrier on fish migration. There are altogether 36 species of fish, out of which six species came from long distance migration, six other came from short distance migration and the rest are the species found in the Seti river. The project will hamper the free migration of fish and loss of population. According to IUCN there is endangered and nearly threatened species. Culture and religion Most of the people are Hindus by religion however there are other religion such as Buddhist and Islam as well. The cremation sites and the temples which will be destroyed by the project would have impact on the people. The intervention by the project will bring new culture to the project sites and affected area which may affect the original culture practiced over there.

According to the Draft National Policy on Land Acquisition, Compensation and Resettlement in Development Projects in Nepal establishes a range of entitlements for those affected by a development project, including (but not limited to): - Cash compensation at full market value for all acquired land. - Cash compensation at replacement cost for the loss of all structures. - Cash compensation for private trees based on the annual value of the produce for 15 years. - Compensation for loss of income from rented buildings. - Cash compensation for loss of standing crops. - Compensation to registered tenants and sharecroppers.

During our survey, we found that all the respondents opted for cash compensation, which was completed in 2012. The land expropriated ranged from 0.009 ha (3 ana) to 0.915 ha (288 ana). Similarly, the cash compensation ranged from Rs. 3,00,000 Nepali rupees (USD 2280) to 60,000,000 (USD 4,56,000). https://bitly.cx/6yH7 However there are some groups advocating for "land for land" scheme. Til Bahadur Thapa and the Magar indigenous community in Tanahu are working hard towards setting a historical precedent for communities affected by “development” projects in Nepal to receive land for land compensation. According to Nepal’s Land Acquisition Act 2034 (1977), compensation for land is mainly paid in cash according to current market value. However, ADB’s Safeguard Policy Statement and EIB’s Social Safeguards both recognize that if the displaced persons’ livelihoods are land-based, then land-based resettlement will be given preference. The Magar indigenous community has applied these ADB and EIB safeguard policies to get resolution from the complaint mechanisms for their demands to be implemented by the proponent of the project, Tanahu Hydropower Limited (THL) — a wholly owned subsidiary of the State-owned sole utility provider Nepal Electricity Authority (NEA). The argument made by the THL to deny land for land compensation for the longest time was that it is not compliant with the “law of the land”. However, through the dispute resolution process, the complainants and NGO advisors were successful in reminding THL of their obligations to comply with the Safeguards of ADB and EIB along with national laws and regulations.

The project is not completed yet, but some of the benefits like access road and skill building training has taken place. According to the Env Safeguard report of 2024, the physical progress on access road has achieved about 95% (3.3 km access road from RCC Bridge to powerhouse and 3.2 km access road from Chapaghat to dam site).

Directly Inundation Affected Peoples Collective Rights Protection Committee https://accountability.medium.com/indigenous-communities-affected-by-the-tanahu-hydropower-project-in-nepal-file-complaints-with-the-be02e0c021ce