INTEGRATED PROFESSIONALREFORM PROGRAMME (PIREP) ResettlementPolicyFramework(RPF) Revised Draft Report Proponent: PlREP MOZAMBIQUE Consultant: Kent Kafatia P.O. Box 31271 Capital City Lilongwe 3. Malawi. Mobile: (265) 8 831 595 e-mail: kafatiakent@yahoo.co.uk TABLE OF CONTENTS TABLE OF CONTENTS 111 EXECUTIVESUMMARY VI ACKNOWLEDGEMENTS Vlll LIST OF ACRONYMS IX DEFINITIONOF TERMS USED IN THE REPORT X 1. INTRODUCTION I 1.1 BACKGROUND 1 1.2. OBJECTIVES OF THE PIREP 2 1.3. COMPONENTS OF THE PIREP 2 1.4. FEATURES OF THE PROJECT ACTIVITIES 3 1.5. ENVIRONMENTALAND SOCIAL CONSIDERATIONSFOR THE PROJECT ACTIVITlES 4 1.6 BASIS AND FORMAT OF THE RESETTLEMENT POLICY FRAMEWORK 5 2.0 OBJECTIVES AND JUSTIFICATION OF THE RESETTLEMENT POLICY FRAMEWORK 9 2.1 OBJECTIVES OF THE RESETTLEMENT POLICY FRAMEWORK 9 2.2 JUSTIFICATION FOR THE RESETTLEMENT POLICY FRAMEWORK FOR THE PIREP 9 3.0 LAND ADMINISTRATIONAND CATEGORIES OF AFFECTED PERSONS 13 3.1 JURISDICTION OF THE FRAMEWORK 13 3.2 LAND OWNERSHIP IN MOZAMBIQUE 13 3.3 LIKELY NUMBER AND CATEGORIES OF AFFECTED PERSONS 15 4.0 STEPS TO BE FOLLOWED IN LAND ACQUISITION AND RESETTLEMENT 18 FOR THE PlREP PROJECT ACTIVITIES 18 4.1 THE SCREENING PROCESS 18 4.2 STEPS LEADING TO PREPARATIONOF THE RESETTLEMENT ACTION PLAN 18 5.0 GUIDING PRINCIPLESFOR THE VARIOUS TYPES OF LAND ACQUISITION MECHANISMS 21 5.1 PREVIOUSAND CURRENT LAND ACQUISITION PRACTICE FOR MINED AND INEFP SCHOOLS 21 5.2 PROPOSED LAND ACQUISITION MECHANISM 21 5.3 VOLUNTARY LAND CONTRIBUTIONWITH COMPENSATION 23 5.4 VOLUNTARY LAND CONTRIBUTIONWITHOUT COMPENSATION 5.5 INVOLUNTARY ACQUISITION OF LAND 6.0 ELIGIBILITYCRITERIAAND CONDITIONS FOR DISPLACEMENTOF 25 PROJECT AFFECTEDPERSONS 25 6.1 WORLD BANK CRITERIA FOR DETERMININGELIGIBILITY FOR COMPENSATION 25 6.2 PROCEDURES FOR PAYMENT OF COMPENSATION 26 6.3 MOZAMBICAN LEGISLATIONON COMPENSATION 26 6.4 COMPARISON OF MOZAMBIQUELAW AND THE WORLD BANK OP 4.12 REGARDING COMPENSATION 27 6.5 CONDITIONSTO BE FOLLOWED IN DISPLACEMENTOF PEOPLE 27 7. NOTIFICATION, VALUATION PROCEDURESAND ENTITLEMENTS 28 7.1 NOTIFICATION PROCEDURE 28 7.2 VALUATION FOR STATE OWNED LAND 28 7.3 VALUATION FOR CUSTOMARY LAND 28 7.4 CALCULATIONSFOR COMPENSATION PAYMENTS AND RELATED CONSIDERATIONS 29 7.5 ENTITLEMENTS FOR COMPENSATION 33 8. PROCEDUREFOR DELIVERYOF COMPENSATION 35 8.1 CONSULTATION AND PUBLIC PARTICIPATION 35 8.2 NOTIFICATION OF LAND RESOURCE HOLDERS 35 8.3 DOCUMENTATIONOF HOLDINGS AND ASSETS 35 8.4 COMPLAINTSAND GRIEVANCESMECHANISMS 36 8.5 AGREEMENT ON COMPENSATIONAND PREPARATIONOF CONTRACTS 37 8.6 COMMUNITY COMPENSATION PAYMENTS 38 9. BUDGETARY IMPLICATIONSAND FUNDING 39 10. INSTITUTIONALAND IMPLEMENTATIONARRANGEMENTS 40 10.1 INSTITUTIONAL ARRANGEMENTS 40 10.2 LAND ACQUISITION AND RESETTLEMENT PROCESS IMPLEMENTATION 40 10.3 LINKING RESETTLEMENT IMPLEMENTATION TO CIVIL WORKS 42 11. RESETTLEMENTAND COMPENSATIONIMPLEMENTATIONAND MONITORING PLANS 44 11.I IMPLEMENTATION PLAN 44 11.2 MONITORING PLAN 45 APPENDIX 1.1 Training Institutions of DlNET and INEFP Proposed for Piloting and Rehabilitation under PIREP 47 APPENDIX 1.2 Table for Prices Used to Compensate for Loss of Trees 49 APPENDIX 2.1 categories of losses and their impacts on project affected persons 50 APPENDIX 4.1 Screening Criteria for Sites for the PIREP Project Activities 51 APPENDIX 4.2 Main Contents of the Resettlement Action Plan 52 APPENDIX 4.3 Contents for Abbreviated Resettlement Action Plan 53 APPENDIX 4.4 STEPS LEADING TO PREPARATION OF THE RESETTLEMENT ACTION PLAN 54 APPENDIX 5.1 Entitlement Matrix for Various Categories of PAPS 55 APPENDIX 6.1 Comparison of Mozambican Law and World Bank Op4.12Regarding Compensation 57 APPENDIX 7.1. An example of a Schedule for Labor Costs for activities on Replacement Land 58 APPENDIX 7.2 An Example of a Schedule to be Used to Determine Monetary Compensation For Land Use 59 APPENDIX 7.3 Example of a schedule for Calculation of Compensationfor Buildings 60 APPENDIX 7.4 Example for Calculating Compensation for Fruit Trees 61 APPENDIX 9.1 Contents of a Comprehensive Compensation Budget 63 APPENDIX 11.1 An Example of Land Acquisition and Resettlement Implementation Plan 64 APPENDIX 11.2: Example of Land Acquisition and Resettlement Process Monitoring Plan 66 APPENDIX 12 List of Persons and Institutions Consulted 68 EXECUTIVE SUMMARY This Resettlement Policy Framework (RFP) for land acquisition and compensation has been prepared based on the field visits and public consultations. The Framework establishes parameters for the conduct of land acquisition and compensation including resettlement of Project Affected Persons (PAPs), who may be affected during implementation of the Mozambique Integrated Professional Education Reform Programme (PIREP). It is anticipated that demand driven activities under the PlREP will require additional land, especially customary land to be alienated from local people. The Land Law, revised in 1997, introduced several innovations that need to be regulated to, among other things, recognize the rights acquired by occupancy by local communities and Mozambican individuals who, in good faith, occupy land for at least ten years. With increasing population and the decreasing available land resources, the number of people and magnitude of adverse impacts caused by development project activities ,such as future PlREP project activities, are likely to be significant especially in resource strained areas. This framework serves to provide safeguards against adverse impacts of future development projects, through minimizing the number of Project affected persons (PAPs). It provides procedures and means for adequately compensating for the losses the Project affected persons may incur. The proposed project activities fall under prescribed projects (category B) of the World Bank's Operational Policy (OP 4.12) on involuntary resettlement. This framework therefore, will adopt applicable principles outlined in the World Bank's Operational Policy (OP 4.12) on involuntary resettlement into local experiences and legislation because they are not comprehensive enough to accord fair compensation and resettlement arrangements. It is expected therefore, that the local legislation will either be reviewed or separate regulations will be promulgated to ensure that land acquisition, compensation and resettlement issues are at par wifh those contained in the World Bank Policy on involuntary resefflement. This framework includes guidelines for compensation for land contributed voluntarily for development projects; land contributed voluntarily for development projects without seeking compensation; and land acquired involuntarily for development projects. The guiding principle for land acquisition shall be that where land is required for implementation of the PlREP project activities, the recommended safeguards shall be observed to reduce the suffering of the affected community members. The framework is intended to assist all proponents implementing World Bank funded (Category 6 ) projects on the PlREP programme. The overall responsibility for implementation of this Framework shall reside with (COREP). These Ministries will be assisted by the Ministry of Local Government (MoLG), Ministry of Agriculture (National Directorate for Lands), and the Ministry responsible for Housing. MEC and MINTRAB will ensure that the Framework is publicly disseminated and that project staff has the requisite skills and knowledge and, where necessary, they have received appropriate training to implement the framework. Implementation of the framework shall require a number of steps including public consultation and participation, the jurisdiction of the framework; land acquisition procedures; proclamation of the acquired land; guiding principles for the various types of land acquisition; categories of losses; notification and valuationprocedures; eligibility criteria; entitlements; procedures for payment of compensation; resettlement plans; census and inventory surveys; budgetary implications and funding; and monitoring and evaluation. These steps will ensure that future micro-projects are adequately reviewed and assessed for any adverse social and economic impacts and that PAPS are fairly treated on land acquisition and resettlement. ACKNOWLEDGEMENTS The preparation of this Resettlement Policy Framework (RPF) could not have been accomplished if it were not for the input of so many people and organizations from various parts of the country. Special thanks should be accorded to the management and staff of the PlREP Secretariatfor all the support provided. Special thanks to all district Assemblies, local leaders, community members and people from various districts who provided informationand other support. In particular we would like to thank the Directorof PIREP, the Head of Departmentin the Ministry of Agriculture, the Director for Lands, the National Director of Technical Education (DINET) in MEC, the Director Generalfor Professional Education (INEFP) in the Ministry of Labour (MINTRAB), members of the project task team from various ministries and other private organizationsfor their insight and informationsupport. LIST OF ACRONYMS ARAP Abbreviated ResettlementAction Plan COREP Commissionfor TVET Reform DlNET National Directorateof Technical Education EP Primary Education ESG General Secondary Education ESlA Environmentaland Social ImpactAssessment ESMF Environmentaland Social Management Framework GoM Governmentof Mozambique GTZ German Technical Cooperation INEFP National Institutefor Employmentand Vocational Training LGA Local GovernmentAuthority MADER Ministryof Agriculture and Rural Development MCDT Mozal Community DevelopmentTrust MEC Ministryof Educationand Culture MINTRAB Ministryof Labour MoLG Ministryof Local Government MOZAL Mozambique Aluminium OP Operational Policy PARPA Action Plan for Reductionof Poverty PAPS ProjectAffected Persons PlREP Programa lntegrada de Reforma da Educa~iioProfissional (PIREP) otherwise known as the IntegratedProfessional Education Reform Programme. RPF Resettlement Policy Framework TVE Technical and Vocational Education TVET Technical Vocational Educationand Training VT Vocational Training DEFINITIONOF TERMS USED IN THE REPORT Unless the context dictates otherwise, the following terms shall have the following meanings: - 1. "Census" means a field survey carried out to identify and determined the number of Project Affected Persons (PAP); in accordance with the procedures, satisfactory to the Ministries of Education and Culture (MEC), Ministry of Labor (MINTRAB), and the World Bank safeguard policies. The meaning of the word shall also embrace the criteria for eligibility for compensation, resettlement and other measures, emanating from consultations with affected communitiesand the local chiefs. Environmental and Social Management Framework (ESMF) is a safeguard instrument (document) which establishes a mechanism to determine and assess future potential environmental and social impacts of the project funded activities in the PlREP construction program. The framework sets out mitigation, monitoring and institutional measures to be taken during design, implementation and operation of the project activities to eliminate adverse environmental and social impacts, offset them, or reduce them to acceptable levels. This instrument has been prepared as a separate and stand-alone document to be used in conjunctionwith this RPF. 3. "Compensation" means the payment in kind, cash or other assets given in exchange for the taking of land including fixed assets thereon, in part or whole. 4. "Cut-off date" is the date of commencement of the census of PAPs within the project area boundaries. This is the date on and beyond which any person whose land is occupied for project use, will not be eligible for compensation. 5. "Project affected persons" (PAPs) means persons who, for reasons of the involuntary taking or voluntary contribution of their land and other assets under the project, result in direct economic and or social adverse impacts, regardless of whether or not the said Project affected persons physically relocate. These peoplewill have their: (a) standard of living adversely affected, whether or not the Project Affected Person must move to another location ; (b) right, title, interest in any house, land (including premises, agricultural and grazing land) or any other fixed or movable asset acquired or possessed, temporarily or permanently, adversely affected; (c) access to productive assets adversely affected, temporarily or permanently;or (d) business, occupation, work or place of residence or habitat adversely affected. 6. "Involuntary Displacement" means the involuntary taking of land resulting in direct or indirect economic and social impacts caused by: (a) Loss of benefits from use of such land; (b) relocation or loss of shelter; (c) loss of assets or access to assets; or (d) loss of income sources or means of livelihood, whether or not the project affected person has moved toanother location. 8. "Involuntary Land Acquisition" is the taking of land by government or other government agencies for compensation, for the purposes of a public project against the will of the landowner. The landowner may be left with the right to negotiate the amount of compensation proposed. This includes land or assets for which the owner enjoys uncontestedcustomary rights. 9. "Land" refers to agricultural andlor non-agricultural land and any structures thereon whether temporary or permanent and which may be required for the Project. 10. "Land acquisition" means the taking of or alienation of land, buildings or other assets thereon for purposesof the Project. 11. "Mashamba"means subsistence farming plot 12 RehabilitationAssistance" means the provisionof development assistance in addition to compensation such as land preparation, credit facilities, training, or job opportunities, needed to enable project affected persons to improve their living standards, income earning capacity and production levels; or at least maintainthem at pre-projectlevels. 13 Resettlement and Compensation Plan", also known as a "Resettlement Action Plan (RAP)" or "Resettlement Plan" - is a resettlement instrument (document) to be prepared when school locations are identified. In such cases, land acquisition leads to physical displacement of persons, and/or loss of shelter, and lor loss of livelihoods and/or loss, denial or restriction of access to economic resources. RAPSare prepared by the party (in this case DINET, INEFP, or owners of TVET schools such as NGOs and religious institutions) impacting on the people and their livelihoods. RAPS contain specific and legally binding requirements to be abided by TVET to resettle and compensate the affected party before implementation of the project activities causing adverse impacts. 14."Replacement cost" means replacement of assets with an amount sufficient to cover full replacementcost of lost assets and related transaction costs. The cost is to be based on Market rate (commercial rate) according to the Mozambique law for sale of land or property. In terms of land, this may be categorized as follows; (a) "Replacement cost for agricultural land" means the pre-projector pre-displacement,whichever is higher, market value of land of equal productive potential or use located in the vicinity of the affected land, plus the costs of: (b) preparingthe land to levels similar to those of the affected land; and (c) any registration,transfer taxes and other associatedfees; 15. "Replacement cost for houses and other structures" means the prevailing cost of replacing affected structures, in an area and of the quality similar to or better than that of the affected structures. Such costs shall include: (a) transporting building materialsto the constructionsite; (b) any labor and contractors' fees; and (c) any registrationcosts. 16. "Resettlement Assistance" means the measures to ensure that project affected persons who may require to be physically relocated are provided with assistance during relocation, such as moving allowances, residential housing or rentals which ever is feasible and as required, for ease of resettlement. 17."The Resettlement Policy Framework (RPF)' has been prepared as an instrument to be used throughout the PlREP implementation. The RPF will be disclosed to set out the resettlement and compensation policy, organizational arrangements and design criteria to be applied to meet the needs of the people who may be affected by the program. The Resettlement Action Plans ("RAPS") for the PlREP will be prepared consistentwith the provisionsof this RPF. 18. "Voluntary Land Contribution" refers to a process by which an individual or communal owner agrees to provide land or property for project-related activities. Voluntary contribution is an act of informed consent, made with prior knowledge of other options available and their consequences, includingthe right not to contribute or transfer the land. It must be obtained without undue coercion or duress. Voluntary Land Contributionmay be of two types: - (a) Voluntary Land Contributionfor Compensation, or (b) Voluntary Land Contributionwithout Compensation xii 1. INTRODUCTION 1.I BACKGROUND The labor market in Mozambique is characterized by an emerging formal sector, employing about 16 percent of the economically active population. An estimated 520,000 people are employed in the formal sector, in public and private enterprises. 80 percent of the labor force (approximately 9 million people, out of the total country's population of 19 people) depends on informal sector employment for their livelihood and subsistence. In general, the Mozambican work force is very poorly educated and has limited skills. Previous studies supported by the World Bank (Skills Development in Mozambique: Issues and Options) indicate that half of the population has no education at all or has only basic literacy skills. Slightly more than 40 percent leave the education system with primaryeducation. Although access to primary education has improved significantly, less than one third of an age group reaches grades 6 to 7 (EP2 of primary education) and less than ten percent makes it to the basic qualification level ESGI of secondary education for the technical and vocational training. Skilled and qualified workers are in very high demand in the Mozambicaneconomy. However, indications are that up to two thirds of the work force in the formal sector is qualified or semi-qualified. This demonstrates the urgent need for training requirements. To address the above problems the Government of Mozambique (GoM), with financial and technical assistance from the World Bank and Cooperating Partners (Danida, GTZ, Portuguese Cooperation, Italian Cooperation Spanish Cooperation, Private Sector and Civil Society), is implementing the Programa lntegrada de Reforma da Educaq4o Profissional (PIREP) otherwise known as the Integrated Professional Reform Programme. The PlREP is part of Mozambican Government's Programa de Reforma da Educa~SoProfissional (REP), a long-term program with a vision until 2020. It is designed to overcome the currently fragmented and uncoordinated efforts of the Technical and Vocational Education and Training (TVET), through a comprehensive framework of integration and coordination. The PlREP is targeted at reforms to improve and modernizethe (TVET) System. The term Technical and Vocational Education and Training (TVET) is used as an overarching term to describe the entire landscape of formal, non-formal and informal training. Within the TVET system: technical and Vocational Education (TVE) refers to formal technical education, based on the curricula and provided by the National Directorateof Technical Education (DINET), in the Ministryof Educationand Culture (MEC). vocational Training (VT) denotes various in-service and pre-service, non- formal skills training, based on curricula that are not approved. These are provided by INEFP in the Ministry of Labour (MINTRAB), or by private employers and NGO's. The Ministry of Education and Culture (MEC) has a total of 39 schools and technical institutions. The current total enrollment in the technical institutions is 31,000 students per year with an average of 3000 students per school and 45 students per classroom. The technical institutions are more than 30 years old. The current situation is that the schools are overcrowded. Although W E graduates appear to be easily absorbed in the labor market, enterprises complain about their lack of relevant skills. The National Institute for Employment and Vocational Training (INEFP) in the Ministry of Labour (MINTRAB), has 8 technical schools in total. These technical schools are also more than 30 years old. About 2, 000 technicians are trained every year to acquire technical qualifications in construction technology, electrical skills, carpentry, bricklaying and mechanics. Although the pass rate is said to be between 80 to 90 percent of the total enrollment, the graduates lack proper accreditation and skills that are required by the labour market. As a result, the graduates from these technical schools face difficulties to secure formal employment. In the informal sector, traditional apprenticeshipappears to be the common mode of skills transfer. Details of enrollment and performanceof training done by the NGO's, and private employees are not available. In general, the TVET system does not currently provide industry (both formal and non-formal) with sufficient skilled workforce. Many medium and small scale enterprises face problems in getting qualified staff. Large-scale enterprises utilizing state-of-art technology are able to overcome this problem by privately investing in workers training. However, overall lack of financial incentivesto train and the fear by enterprises that staff, once trained may leave the company, are the main reasonsfor the reluctanceof the companiesto invest in training. The reforms under the PlREP are intended to improve the internal efficiency in the formal TVET system, which is characterized by under-qualified and insufficient skilled teachers, shortage of teaching aids, partly dilapidated training workshops and out-dated curricula. 1.2. OBJECTIVESOF THE PlREP The overall objective of (PIREP) is to support the Government's Action Plan for Poverty Reduction (PARPA), through investing in development of high quality and relevant skills. To achieve this objective, the programme will reform the TVET system by targeting the following specific objectives: to increase the relevance, internal efficiency and quality of the existing TVET; to increase the supply and productivityof skilled labour and; to improve the opportunities of school leavers to find gainful employment in the formal and informal sectors of the economy 1.3. COMPONENTSOFTHE PlREP The PlREP has four project components as follows: 1.3.1 ComponentA- System Reform and Institutional Development This component will target the diagnosed weaknesses of the current institutional set-up of the TVET system and its problems of under-funding.The component will assist the GoM to establish the necessary institutional framework and to develop labor-market relevant and accessible TVET. The component is also aimed at ensuring that TVET operations are coordinated, stakeholder-drivenand sustainable. At the end of the project period, the major elements of the TVET institutional framework are expected to ensure labor- market oriented training design and delivery. 1.3.2 Component B- Development of a Standard-based Training System. In this component, the development of standard-based training and assessment system is aimed at raising relevance and quality in the TVET system. Transformation of the current N E T curriculum-based system into a standard-basedsystem will ensure that: a transparent, legitimate and internationally recognized assessment system is in place; enterprises and experts have a strong influence in the definition of training contents and; access to recognizedN E T certificates is opened to target groups with different training and learning backgrounds. 1.3.3 Component C: Quality Improvement in TVET Institutions This component is designed to address the quality problems affecting the DINET and the INEFP schools. The major problems include: under-qualifiedand insufficiently skilled teachers; shortage of teaching aids, partly dilapidated buildingsand workshopsfor practicaltraining and; outdated curricula. Quality improvement will include rehabilitation and construction of physical infrastructure for school buildings, workshops and related water supply and sanitation facilities. Under this component "C" therefore, land may have to be acquired to build new schools and supporting infrastructure or to extend the existing ones. 1.3.4 Component D: Skills Development Fund (Fundo para o Desenvolvimentode Compet6ncias Profissionais),FUNDEC This component is designed to support the transformation of N E T (in various sub-systems of the training system) from supply oriented to market responsive. FUNDEC will promote the emergence of market-responsive training, in various occupational areas and for different target groups, according to demand. It will flexibly provide resources for the implementation of new, innovative and better training programs in accordance with the unfolding Integrated NationalTVET Reform Program. 1.4. FEATURESOF THE PROJECTACTIVITIES The PlREP project activities will focus on four key economic sectors (Management and Administration, Tourism, Agriculture andlor Agro-industry and Industrial Maintenance) where the potential for partnerships with the productive sector is feasible; and where there is growing need for skilled labor particularlyat levels II to IV of the TVET qualification system. Within the selected four pilot sectors, the project will fund development and piloting of new learning materials, teacher pre-service and in-service training, improvement of management capacity, and relevant upgrading of teaching facilities including class rooms and workshops. A smaller number (12 out of 42) of DlNET and (3 out of 8) of INEFP schools and training centers will be chosen for piloting of new courses, based on the occupational standards to be developed. The pilot schools are supposed to specialize in skills development within particular industries or occupational areas mentioned above. A full list of the pilot institutions and their project impact locations is included in Appendix 1.1. It is anticipated that with success in the pilot phase of the project, other new and similar projects will be developed on demand from the communities. Such activities will require more land to be alienated for new schools and the associated project activities. In some cases such land will be customary land which may at the time of need be in use for other purposes. As a result resettlement of people or denying them access to services will be triggered. 1.5. ENVIRONMENTAL AND SOCIAL CONSIDERATIONS FOR THE PROJECT ACTIVITIES Unmitigated involuntary resettlement arising from development projects often leads to severe economic, social and environmentalimpactswhere: production systems are dismantled, people face impoverishment if their productive assets or income sources are lost; people are relocated to environments where their community institutions and social networks are weakened; kin groups are dispersed, and cultural identity, traditional authority and the potential for mutual help are diminished or lost. As part of the support to the educational reform efforts, the project will improve the physical infrastructure for school buildings and associated water supply and sanitation facilities (Component "C" described above). More important for this RPF, new projects, whose location and technical specifications are not known at the moment, are planned for future implementation. To ensure that these infrastructure improvementsand the new development projects are carried out in an environmentally and socially sustainable manner, the project will carry out an Environmental and Social Impact Assessment (ESIA) and a Resettlement Policy Framework (RPF). The Environmental and Social Impact Assessment Report will be prepared as a separate document. This Resettlement Policy Framework (RPF) is confined to those impacts relating to land acquisition and resettlement, arising from implementation of the proposed PlREP project activities. The framework serves to provide safeguards against severe adverse impacts of the proposed project activities and proposes mitigation against potential impoverishmentrisks by: a) avoiding displacement of people in the first place or; b) minimizingthe number of Project affected personsor; c) adequately compensatingthe project affected personsfor losses incurred or; d) adequately addressing adverse impacts of the intended interventions. In the PIREP, the project activities that may trigger land acquisition and resettlement safeguard policies, are in component "c", regarding quality improvement in TVET institutions. These project activities include rehabilitation and construction of physical infrastructure for school buildings, workshops and related water supply and sanitation facilities. In particular new projects, to be carried out after the pilot phase, may result in resettlement of people andlor denying them of access to land and different types of natural resources. Most of the existing DlNET and INEFP schools were constructed in sparsely cultivated areas with low population at the time the projects were implemented. Hence, the magnitude of adverse impacts on land may have been minimal at that time. However, with increasing population and the decreasing available land resources, the number of people and magnitude of adverse impacts associated with land acquisition and resettlement are likely to be significant, especially in resource strained and protected areas. It is quite appropriate and timely therefore that this Resettlement Policy Framework be prepared. 1.6 BASISAND FORMATOF THE RESETTLEMENT POLICY FRAMEWORK 1.6.1 Basis for Preparation of the Framework 1.6.1.I Past Similar Experience In Mozambique, there are a number of development projects that have been implemented recently, involving resettlement and compensation programmes. The Sasol Natural Gas Project prepared a resettlementand compensation procedurefor the TemaneIPande Field Development Projects and the MozambiquelSecunda Pipeline. The compensation and resettlementprocedurewas aimed at ensuring that all parties affected by the projectwere resettledand compensatedfairly and equally. The project was implemented in 2001. The Mozambique Aluminum (MOZAL) project carried out resettlement and compensation work for the affected persons. 'The resettlement and compensation activities aimed at providing the same or better conditions of living to the affected persons. Compensation in form of land, buildings, cash, seed and other help was provided as appropriate. The project has taken strides to ensure mutual sustainable development, through the involvement of the communities, within10 kilometers of the aluminium smelter. The Mozal Community Development Trust (MCDT) established in 2000, is supporting community development projects in the areas of Small Business Development, Education and Training, Health and Environment, Sports and Culture and Community Infrastructure. MOZAL is supporting the community to become self sufficient by enabling them to harness indigenous skills and to turn them into income generating businesses. Single mothers and widows in Matola and Djuba areas, for instance, are receiving training to generate income for themselves and their families in chicken raising, carpet making, embroidery and cashew nut cropping. These activities are part of the MOZAL initiatives, aimed at reducing or mitigating the environmental and social impacts of resettlement, associated with the aluminium smelter project. Consultation during the preparation of this RPF revealed that the Directorate for Lands and the Directorate for Planning have been involved in resettlement and compensationworks where evaluations have been done by multi-sector committees comprising representation from Housing, Health, Education, Local Government, Agriculture, Energy and Lands authorities. It was learnt that in their payment for compensation, lists of prices were used for determining the amount to be paid for loss of trees, for instance. An example of such a list used by the Directorate for Urban Planning in Matola is given in Appendix 1.2 On the other hand, during consultation, it became apparent that issues of resettlement and compensation had not been of much concern in the past, for DINET and INEFP. In DINET, for instance, cases of resettlementand compensation could only be traced to payment for a few fruit tress, in very isolated cases. In INEFP, one example was given where villagers have settled in a school compound and would need to be resettled. Contrary to the provisionsof the World Bank Policy OP 4.12, which advocates some kind of compensationfor cases of this nature, the resettlement procedure for this case was perceived to attract no compensation or any form of assistance, since the affected persons should not have settled in the school premises, in the first place. Apart from these isolated and minor cases, there is no previous record of major resettlement and compensationissues for DINET and INEFP school projects. 1.6.1.2 Need for Preparation of the RPF for the PlREP ProjectActivities A number of schools and colleges were visited during the preparation of the RPF. The visits confirmed the need for rehabilitation of some of the structures in these schools and colleges. A visit to the lnstituto Industrial De Maputo revealed that the buildings, constructed in 1968 have not been maintained since that time. The walls and roofs require major rehabilitation works. Glass and widows are broken and the water systems require renovation and maintenance. The school lacks basic laboratory equipment and furniture to enable the students learn well and carry out their practical activities effectively. A similar situation was observed at the lnstituto Agrario de Boane. Students' bathrooms and dormitories were in dilapidated state requiring urgent maintenance, rehabilitation and new furniture. Classroom furniture has not been repaired or maintained since the school was established. This state of affairs was found common in the other schools that were visited. Consultations revealedthat the Mocuba Agrarian School is a classic example where there are settlements in the neighborhood of the school. Mocuba is approximately one and half kilometers from a stream and the students are, at the moment, using this stream as a source of water supply, due to the breakdown of the conventional water supply system fittings. Although the planned rehabilitation works may not trigger resettlement at this school, there is a possibility that the school will require more land for their agricultural field practicals in future. When this happens, there will be need to resettle the populationthat is in the neighborhoodof the school. For the schools that were visited, land was generally noted to be available for future minor expansion works. Hence there may be no urgent need for acquiring new land and resettling people in the near future. However this has to be confirmed by the proposed designs, once completed, particularlyfor the schoolsthat were not visited. This Resettlement Policy Framework (RPF), to be used for screening of projects in the Mozambique Integrated Professional Reform Programme (PIREP), has been prepared following the results of the findings from the above and other field investigations. Interviews with local people and officials from various Ministries, Local Government Offices, Private Sector; and information from some previous studies reports and documents have been used in preparingthis framework. The screening process developed in this framework is consistent with the Bank's safeguard operational policy OP 4.12, for Involuntary Resettlement. This policy requires that all Bank-financed operations are screened for potential impacts, and that the required compensation work is carried out on the basis of the screening results. The framework therefore, while adopting and adapting some of the local experiences and the provisions of local legislation, is based on the World Bank's Operational Policy (OP 4.12) on involuntary resettlement,which emphasizes on the following principles: Avoiding or minimizing involuntary land acquisition and resettlement, where feasible and exploring all viable alternatives before resorting to involuntary resettlement. Where involuntary resettlement and land acquisition is unavoidable, assistance and sufficient resources should be provided to the project affected persons with the view to maintaining and/or improving their standards of living, earning capacities and production levels. Encouraging community participation in planning and implementing land acquisition, compensation and/or resettlement, and provision of assistance to affected people regardless of the legality of their land rights or their title to land. 1.6.2 Format of the Resettlement Policy Framework The Resettlement Policy Framework is presented in the in the following manner: Chapter 1 provides a brief background of the labour market situation in Mozambique, highlighting the deficiencies in supply and the poor qualifications of skilled labour force. The chapter presents the intentions the World Bank and co-operating partners to address the problems. The PlREP programme objectives and components are described and the environmental and social considerations (including the RPF and the ESIA) for the project activities are introduced. Chapter 2 gives the objectives and justification for preparing the RPF, highlighting among other issues, the objectives to address the hardships that would arise from land acquisition and resettlementof people to accommodate the PlREP project activities. The justification for preparing the RPF is provided in the legal provisions of the Mozambican Land Law Legislationand other relevant national legislation; as well as the World Bank's OP4.12 In Chapter 3 Land Administration including land ownership and land tenure systems in Mozambique are given. The Chapter also gives the likely categories of affected persons that include ordinary households, individuals and disadvantaged persons. Chapter 4 introduces the screening process and outlines the steps leading to the preparation of the ResettlementAction Plans, the RAPS Chapter 5 deals with land acquisition mechanismsfor the project activities. It further proposes mechanisms for acquisition of all types including voluntary and involuntary types of land acquisition. The Chapter gives details of information and recordsto be kept for land acquisition activities. Chapter 6 deals with the eligibility and conditions for compensating project affected persons by first high lighting the World Bank's OP4.12 provisionsfor eligibility for compensation, resettlement and rehabilitation assistance. The chapter continueswith proceduresfor payment of compensationand makes a comparison between the World Bank and Mozambican law regarding compensation. Finally the Chapter gives conditions to be followed in displacement of people Chapter 7 outlines procedures for notifying the public about intentions to acquire land earmarked for projects. The Chapter also gives procedures for the valuation of assets and calculationof compensation payments Chapter 8 provides proceduresfor delivery of compensation, emphasizingthe need for public consultation and public participation, notification of land resources holders and documentationof land holding and assets as important aspects. The Chapter provides a procedure for addressing complaints and grievances. Finally the chapter emphasizes the importance of signing compensation agreements and the need for transparency and ensuring the presence and participation of all parties concerned when making compensation payments. Chapter 9 gives the budgetary implicationsand the funding mechanisms Chapter 10 gives the institutional and implementation arrangements, highlighting the roles of each of the institution in the overall implementationof the compensation and resettlement plan. The chapter further highlights the land acquisition and resettlement process that includes the preparation of resettlement plans, the importance of public consultation and participation in all the activities, the importance of observing key timeframes and the importance of linking resettlementimplementationto the civil works. Chapter 11 provides for land acquisition and resettlement, implementation and monitoring plans. The Chapter provides formats for resettlement management plan and monitoring plan. 2.0 0B.IECTIVES AND JUSTIFICATION OF THE RESETTLEMENTPOLICY FRAMEWORK 2.1 OBJECTIVESOFTHE RESETTLEMENT POLICYFRAMEWORK Involuntary resettlement arising from development projects often gives rise to severe economic, social and environmental hardships. The hardships stem from the following reasons among others: disruption of production systems, affected persons skills being rendered inapplicablein new environments, increased competitionfor resources, weakening of community and social networks, dispersion of kin groups Loss of cultural identity and traditional authority and loss of mutual help In most cases, resettlement of people to pave way for development projects is done because the project activities demand land acquisition. Little attention, if any, is given to the welfare of the people affected. The people may be affected because of loss of agricultural land, loss of buildings, loss of access or proximityto water, health and social amenities. Appendix 2.1 gives details of categories of losses and their impacts on Project affected persons. The objective of this Resettlement Policy Framework (RPF) is to provide a screening process, for future PlREP project activities, to ensure that where land acquisition for project activities is inevitable, resettlement and compensation activities for lost land should be conceived and executed in a sustainable manner. This entails providing sufficient investment resources to meet the needs of the persons affected andlor displaced from their habitat and resources. It also requires adequate collaborative consultation and agreement with the project affected persons to ensure that they maintain or improve their livelihoodsand standardsof living in the new environment. The Resettlement Policy Framework provides guidelines for development of appropriate mitigation and compensation measures, for the impacts caused by future project activities whose exact locations are not known prior to project appraisal. The RPF is intendedfor use as a practicaltool to guide the preparationof ResettlementAction Plans (RAPS)for sub-project activities during implementationof the PIREP. 2.2 JUSTIFICATION FOR THE RESETTLEMENT POLICY FRAMEWORK FOR THE PlREP In the PIREP, the proposed project activities, particularlythose under component "c" and those for new projects are likely to result in resettlement of people, or in some way or another, to affect people's livelihoods and access to land and socio- economic opportunities. This framework therefore is necessary to provide guidelines for addressing concerns of affected personswhere: - (b) land is contributed voluntarily for the development project activities in return for compensation; (c) land is contributed voluntarily for development project activities without seeking compensation; and (d) land is acquired involuntarilyfor the development project activities. The guiding principle for land acquisition shall be that where land is required for implementation of the PlREP project activities, appropriate safeguards shall be observed to reduce the suffering of the affected community members. This framework shall be used on all PlREP project sites where land disputes have not been resolved and on all PlREP future demand-driven project activities. The framework is intended for use by all proponents implementing World Bank funded (Category B) projects under the PlREP and will be applicable to private and NGO institutions that will utilize PlREP funds; and all project activities that fall under the PlREP programme as may be necessary. The RPF is presented in a much more comprehensive manner so as to guide and ensure that all situations of population disturbance resulting from the implementation of the PlREP project activities are catered for. 2.2.1 Legal Framework The Resettlement Policy Framework draws its strength from local legal instruments that exist in Mozambique, specifically the new Land Law legislation No. 19/97. This collection of legislation covers regulation for the key aspects of land occupation and use in Mozambique. Also covered in the regulationare the various situations of land acquisition, including among others: the acquisition of the right of land use and benefit by customary occupancy in good faith, the acquisition of the right of land use and benefit through the official channels; the rules governing protectionzones; the relationship between the public and the Cadastre Services; and the rights and duties of the title holders Article 3, of the Land Law stipulates that in the Republic of Mozambique, land is the property of the State. This is also captured in Article 46 of the Constitution. Consequently, land may not be sold, alienated, mortgaged or attached (distrained). The Law states however, that although land is owned by the State, all Mozambicans have the right to use and enjoy the land or the right to land use and benefits thereto. Specifically, Article 9 provides for the acquisition of the right of land use and benefit by occupancy by local communities; while Article 10 provides for the right of land use and benefit by occupancy in good faith by national individuals. The Mozambican Land Law Legislation recognizes the rights acquired through systems of customary occupancy and the role of communities in the managementof land and natural resources and conflict resolution. This is spelt out in Article 24. Article 27 provides for the requirements and modalities regarding consultation, on land matters, with the local communities. Article 30 dictates that the mechanisms for representation of and action by local communities,with regard to the rights of land use and benefit shall be established by law; while Article 23 empowers District Administrators, where there are no Municipal or Settlement Councils, to authorize applicationsfor land use and benefit. The Land Law Legislation captures and observes internationally innovative features that facilitate equitable development, based on relations that are mutually beneficial to local communities and to investorswhether these are national or foreign. The Right of Eminent Domain (Article 86 of the new constitution of Mozambique) says that individuals and entities have the right to equitable compensation for expropriated assets and the right to a new and equal plot of land In addition to the Land Law, there are a number of legislations that pertain to land administration in Mozambique. These include the Land Policy, the Framework Environmental Law, and the National Heritage Protection Law. However, this study has revealed that the provisions in these Acts are not comprehensive enough to accord fair compensation and resettlement arrangements. The following are some of the relevant legislations: The New Land Policywas approved by the Council of Ministers in October 1995. The main elements of this new policy are that: it recognizes customary rights over land, including the various inheritance systems; it recognizes the role of the local community leaders in the prevention and resolution of conflicts; it aims at creating conditions for the development and growth of the local community and the promotion of investment by the commercial sector; and that it maintainsthe concept of land belongingto the state. The Framework Environmental Law passed by Parliament in July 1997, provides the legal framework for the use and correct management of the environment and its components; and to ensure sustainable development in Mozambique. Among other things, the 'law (Article 4) states that any citizen who believes his rights have been violated or are under threat of violation may take legal action against the perpetrator. Violation of rights includes personal loss and injury; and the loss of crops and profits. Environmental Management responsibility rests with the Ministry for Co-ordination of Environment (MICOA) formed in 1994. In 1995 MICOA drew up the National Environmental Management Plan, which among other things, forbids all activities that may threaten biodiversity. The plan also provides for the establishment of Environmental Protection Zones, which may cover land areas and other distinctivefeatures. The National Heritage Protection Law (Law 10188 of December, 1988) is intended to protect all national antiques, historical and cultural heritage. Such protected areas are to be avoided in the selection of project sites. The provisions of the Land Law support fair land acquisition, compensation and resettlement procedures to be developed and implemented. Hence the Land Law provides adequate legal foundation for the preparation of this Resettlement Policy Framework. However, the other legislative provisions fall short of the necessary provisions to adequately support compensation and resettlement problems. It is expected therefore, that the relevant legislationsthat must deal with land acquisition will either be reviewed or separate regulations will be promulgated to ensure that land acquisition, compensation and resettlement issues are at par with those contained in the Land Law and the World Bank Policy on involuntary resettlement. However, where currently there are discrepancies between the World Bank's and the Government's requirements,the World Bank policieswill prevail. 2.2.2 World Bank Policies The World Bank's Safeguard Policy OP 4.12 applies to all components of the programme and to all economically and lor physically project affected persons, regardless of the number of people affected, the severity of impact and the legality of land holding. Particular attention should be given to the needs of vulnerable groups especially those below the poverty line, the landless, the elderly, women and children, indigenousgroups, ethnic minoritiesand other disadvantaged persons. The World Bank's Policy requires that a resettlement action plan is prepared and cleared by the Bank prior to implementing resettlement activities. The Bank also requires that the provision of compensation and other assistance to ProjectAffected Persons is carried out prior to the displacement of people. In particular, possession of land for project activities may take place only after compensation has been paid. Resettlement sites, new homes and related infrastructure, public services and moving allowances must be provided to the affected persons in accordance with the provisionsof the ResettlementAction Plan. The policy encourages availing employment opportunity, on the project activities, to the affected persons. This facilitates easy participation of the affected persons, in the planning and preparation of Resettlement Action Plans. It also offers the impacted persons an opportunityto generate income. 3.0 LAND ADMINISTRATIONAND CATEGORIES OF AFFECTED PERSONS 3.1 JURISDICTIONOFTHE FRAMEWORK In implementingthis framework, the followingwill apply: - a. Where the landowner has willingly or voluntarily contributed land but is seeking compensation, the assessmentfor compensation shall be treated as for the case of involuntary land acquisition. b. Where landwhose owner has freely contributed but is not seeking compensationfor it, the assessment for compensationshall only include assets thereon and not land. c. Compensation shall be limited to valuations made after the cut-off date. Valuations shall be made immediately after the cut-off date and then again at the time of impact. The higher value of the two shall be used for compensation payment d. Compensationfor existing schools shall be limited to new land for school and school related services extension, rehabilitationof infrastructure and constructionof feeder roads. e. All land conflicts shall be resolved in a transparent manner and in a manner that is not coercive. Attempts shall be made to resolve conflicts at the village, Traditional Authority (TA) or District level. Where this is not possible, courts of law shall be consulted. 3.2 LANDOWNERSHIP IN MOZAMBIQUE 3.2.1 General Land Classification Land in Mozarrlbique is owned by the state and ownership is vested with the President as a trustee. According to the MOZLEGAL Land Law Legislationof 2004, land ownership is categorized as follows: Public domain is areas destined for the satisfaction of the public interest. This is land on which socio-economic activities are permitted. The Total and Partial Protection Zones are part of the public domain. Also included in the public domain are the Nature Protection Zones, which are intended for conservation of certain animal or plant species, biodiversity, historical, scenic or natural monuments. These zones are subject to specific regulation and the law advocates a system of management that involveslocal community participation. Total Protection Zones are areas that are intended for nature conservationor preservationactivities and also for State security and defense. PartialProtectionZones include: land strips up to 50 meters along the edges of navigable rivers and lakes, measuredfrom the high water mark of such waters; the land strip of up to 100 metres surroundingwater sources; the strip of maritime coastline including that around islands, bays and estuaries, measured from the high water-mark to a point 100 meters inland; the strip of up to 250 meters along the edge of dams and reservoirs and; the two kilometres strip of land along the terrestrial boarder. It also includes: the land occupied by public interest railway lines and bordering strips including the respective railway stations; the land occupied by motor ways and highways, aerial, surface, underground and underwater installations and conduits for electricity, telecommunications, petroleum, gas and water including bordering strips of 50 metres on each side; land occupied by roads including bordering strips of 30 for primary roads and 15 metres on each side for secondary and tertiary roads. No rights of land use and benefit can be acquired in total or partial protection zones, although special licenses may be issued for specific activities. Hence for the PlREP project activities, these areas would not be appropriate. 3.2.2 General LandAcquisition, Title, Transfer and Term of Ownership Land acquisition in Mozambique may be achieved through: a. Occupancy by individual persons and by local communities, in accordance with customary norms and practices, which do not contradict the Constitution; b. Occupancy by individual national persons who have been using the land in good faith for at least ten years and; c. Authorization of an application submitted by an individual or corporate person in the manner established by the Land Law The Land Law Legislation stipulates that a land shall be issued by the general or urban Public Cadastre Services. However, the absence of title shall not prejudice the right of land use and benefit acquired through occupancy in terms of 3.2.2 a. and b. above. The application for land title shall include a statement by the local administrative authorities, preceded by consultation with the respective communities, for the purpose of confirming that the area is free and has no occupants. Title to local community shall be issued in a name decided upon by the community and individual men and women who are members of the local community may request individual titles after partitioning community land. The right of land use and benefit can be proved by presentation of the respective title; testimonial proof presented by members, men and women of local communities and by expert evidence and other means permitted by law. Among other modes of land transfer, the Land Law permits the transfer of land by inheritance, without distinction by gender. The of land use and benefit, for the purpose of economic activities, is subject to a maximum term of 50 years, renewable for an equal period upon application. The right of land use is not subject to time limit for the following cases: Where the right was acquired by local communities through occupancy; Where it is intended for personal residential purposes and; Where national individuals intend it for family use. 3.2.3 LandTenure for Schools Village government has administrative control over the village land and acts as a liaison between the government and the inhabitants of the village. Within villages, use of land is controlled by various committees of village government. At present, the existing schools are operating on their own land. However, if School Management Boards (SMB's) require more land, extension of their existing land or new land, they would have to acquire the land through the village government. According to Article 17 of Chapter IV of the Land Law Regulation, the titling of areas occupied by communities shall comprise: Informationand dissemination Participatoryappraisal The sketch and its descriptive report Feedbackand; Process of demarcation in accordance with the provisions of Articles 20 and 21 of the Land Law Legislation. 3.3 LIKELYNUMBERAND CATEGORIESOFAFFECTED PERSONS The PlREP project activities will comprise of rehabilitation works to existing schools and the construction of new schools and structures for water supply, sanitation and other school related facilities. At the time of doing this study, details and extent of the construction works that will take place were not known. Hence the likely numbers of persons who may be affected and displaced during implementation of the PlREP project activities could not be accurately estimated. However, the Project Affected Persons (PAPS) or the persons, likely to be displaced economically or physicallycan generally be categorized into the following main groups: 3.3.1 Affected Households A household will be affected if one or more of its members are affected by the PlREP activities. This will be either in form of loss of property, land or access to services or in any other way by the project activities. Affected household members will include: a. Any member of the household whether men, women, children, dependent relatives,friends and tenants, b. Vulnerable individuals who may be too old or ill to farm or perform any duties with the others, c. Members of the household who cannot reside together because of cultural rules, but depend on one another for their livelihood, d. Members of the household who may not eat together but provide house keeping or reproductiveservices, critical to the family's maintenance; and e. Other vulnerable people who cannot participate, for physical or cultural reasons; in production, consumption, or co-residence. f. Disabled people who may be attached to a particular service center In general, the local families live in sets that co-reside sharing production, consumption and domestic farming services on a regular and continuous basis. However, compensation should not be limited to people living together to ensure that even those who may not live together with the rest of the family, for reasons such as polygamy, are include. 3.3.2 UnmarriedWomen or Female Headed Households Unmarried women may depend on sons, brothers, any member of the family or propertylbusiness that might have been left by the deceased husband. Resettlement and compensation should allow for such dependent persons. This and all the other categories of affected personssuch as the elderly, the chronicallyill and orphans need to be close to health and social services for easy access. 3.3.3 The Elderly Elderly persons usually depend on subsistence farming, often benefiting from assistance from family members, to cultivate the farm. Economic and social welfare of these people may be compromised, through loss of dependents and loss of farm land, as resettlement takes place, due to the implementation of the PlREP project activities. This group of people therefore, should be adequately compensated to ensure that their means of livelihood is promotedand maintained. 3.3.4 Aids Affected and Chronically Ill Persons. High percentages of mostly poor people are either living with the HIV or are terminally ill with Aids. Some of these people are beneficiaries of assistance from various health programmes. Resettlement may isolate these people from those that are taking care of them and from the health programmes that they are now able to access. In the assessment of affected personsfor compensation, under the PIREP, this group of people should not be left out. 3.3.5 Orphans Due to the AIDS pandemic, a large number of children depend on family members or relatives. Some depend on government health programmes and others engage in small business activities as well as begging. Resettlement and compensation should adequately provide for this group of persons in form of paying for their rehabilitation and training to acquire useful vocational skills. Placing them in children's care homes or children's charities could be one way of adequately compensatingthem. 3.3.6 Small-Scale Farmers Small-scale farmers, when moved from places where they have been farming for several years, may find it difficult to open up new farms in an area that has thick vegetation, grass and trees. Labour costs for opening up new farms should be given to them through the ResettlementAction Plan. Prior to opening of new farms, the requirements of the environmental and social management framework must satisfied. The categories given above may not cover all types of affected persons. In addition, the categories are not mutually exclusive. It is important therefore that the PlREP project activities should have well prepared and comprehensive resettlement action plans that would be specific and comprehensive enough to benefit all the categories of affected persons, through the following and other actions as may be appropriate: a. Quick decisions and rapid action on the RAPS'to assist the affected persons timely; b. Both individual and collective consultation; c. The affected persons should be given the opportunity to participateor to work in the project activities; d. Alternative subsistence farming plots (mashambas) should be identified and surveyed following procedures and standards set forth in the environmental and social management framework; and developed and made available to those losing land; e. Compensationfor loss of crops and trees should be determined at the time of re-location or constructionand paid as soon as possible thereafter; f. Transitional support, where appropriate, should be given to those moved from their land during construction and re-establishment; g. Resettlementshould be aimed at improvingtheir livelihood; h. Monitoring of the RAP'S to ensure that resettlement and compensation is benefiting all the affected persons to improve their livelihoods, in comparison with the pre-resettlementconditionsand; i. Technical and financial assistance should be made available to them should they wish to use the grievance mechanism. 4.0 STEPS TO BE FOLLOWEDIN LANDACQUISITION AND RESETTLEMENT FOR THE PlREP PROJECT ACTIVITIES Implementation of the project activities, particularly those under component "C"of the PlREP and new projects, will include constr~~ctionof new schools and the expansion Irehabilitation of the existing civil structures. These activities may require land acquisition, leading to people's denial or restriction of access to land resources, services and social amenities. In this case, resettlement action plans, consistent with OP 4.12 and the resettlement policyframework, must be prepared. 4.1 THE SCREENINGPROCESS Once the list of schools, to be included in the construction programme, has been approved by the COREP, the process for land acquisition and resettlement must start with the screening process (identification and analysis) of possible and alternative sites for project implementation. The screening process should include, among other things, a baseline studylcensus of impacted persons to determine the level of impact, assets impacted and to establish the cut-off date. During screening and indeed during all the other planning and preparatory activities, there must be adequate consultation and involvement of the local communities and the affected persons. Specifically, the affected persons must be informed about the intentions to use the earmarked sites for the school projects. The affected persons must be made aware of: a. their options and rights pertainingto resettlementand compensation, b. specific technically and economically feasible options and alternatives for resettlement sites c. process of and proposed dates for resettlementand compensation d. effective compensation rates at full replacement cost for loss of assets and services e. proposed measures and costs to maintain or improvetheir living standards. Detailed activities to take place during the screening of project sites are provided in Appendix 4.1. 4.2 STEPS LEADING TO PREPARATION OF THE RESETTLEMENT ACTION PLAN The screening process is a very important component of several activities that contribute to the preparation of the Resettlement Action Plan (RAP). Preparation and submission of the Resettlement Action Plan to the relevant authorities comprises of the 10 steps listed below. A flow chart for these steps is provided in Appendix 4.4 Step 1 Describe the project activities to be undertakenfor the constructionIrehabilitation of the schools and related infrastructure. The activities have to be approved by the relevant authorities in MEC or MINTRAB. Step 2 For a new school, the School Management Board must be appointed. For existing schools, it is assumed that a School Management Board is already in place. The Board should be composed of at least 40 percent women. Step 3 The School Management Board will request for suitable land from the Village Administration. Step 4 Using participatory methods, the Village Administration will consult the local communities, within the school boundary area, to identify the required piece of land, using the screening criteria given in Appendix 4.1. At this stage, the cut-off date will be established. Step 5 If the School Board determines that the site is suitable, based on the screening criteria, the allocated landlsite would be acceptable. In this case this process may continue at Step 10. Step 6 If the site does not meet the screening criteria in Appendix 4.1, the village administration will be advised to allocate another piece of landlsite that satisfies the screening criteria. The Local Government Authority (LGA) may have to assist the School Management Board and the Village Administration if requested to do SO. Step 7 For situations where resettlement cannot be avoided, OP 4.12 and the Land Law Legislation will apply. In this case, for each parcel of land that has potential PAPs, the cut off date establishedat Step 4 above will apply. Step 8 The school committee will request its service providers (including the Cadastre Services) to carry out a socio economic survey, a census and to collect other information about the land area. This will be done to identify the potential PAPs; focusing on the individual household and vulnerable groups and; to calculate their incomes, as the first step in the preparationof the RAP's Step 9 On completion of the socio-economic study and the baseline census, the School Management Board will prepare a Resettlement Action Plan (RAP) for each parcellsite of land that is affected by resettlement and compensation. There will be as many RAPSas the affected parcels of land. The format and contents of the ResettlementAction Plan are presented in Appendix 4.2. The World Bank OP 4.12 article 25 and Annex A provides the basic requirements and contents of the RAP. The RAP's cover elements in Appendix 4.2 as may be relevant. Where any element is not relevant to the School Board's circumstances, it should be noted in the RAP. Where the impacts on the entire displaced population are minor, (i.e. affected people are not physically displaced and less than 10% of their productive assets are lost); or fewer than 200 people are displaced, the bank may approve the preparation of an Abbreviated Resettlement Action Plan (ARAP). The format and contents of the ARAP are given in Appendix 4.3. The World Bank must provide final clearancelapproval of the RAPslARAPs, which should be in compliance with the local laws, institutional requirements as well as the World Bank Policy requirements. Step 10 The School Management Board then should forward the RAP'S,together with the modified designs, to the respective LGAs for screening and approval, in compliance with the local planning laws and MEClMlNTRAB institutional and administrative requirements. All school construction activities that trigger OP4.12 and resettlement plans would be subjected to final approval of the World Bank, to ensure compliance with banks safeguards. Thus ensuring that land is actually acquired or access to resource is lost, denied, or restricted and that the individual resettlement plans are consistent with this RPF. For school construction activities that do not have any resettlement issues and do not trigger OP4.12, the provisions of this RPF do not apply and therefore the School Management Board is referred to the Environmental and Social Management Framework ESMF. 4.3.3. Public Consultation and Participation Projects involving the community owe their success to community participation and involvement from planning to implementation. Hence public consultations through participatory rural appraisal shall be mandatory for all projects requiring land acquisition, compensation and resettlement for the PlREP project activities. The aim of public consultations at this stage would be to: Disseminate concepts for proposed projects with a view to provoke project interest amongst communities. Determine communities' willingness to contribute in kind towards the implementation of the project. Determine community willingness to contribute towards long term maintenance. 5.0 GUIDING PRINCIPLESFOR THE VARIOUS TYPES OF LAND ACQUISITION MECHANISMS 5.1 PREVIOUS AND CURRENT LAND ACQUISITION PRACTICE FOR MINED AND INEFP SCHOOLS For the existing schools, which were established in the 19601s,the government of Mozambique relied on patriotism of the beneficiary communities to provide land. These school projects were implemented without impediment. At that time, when the government required land for development projects, chiefs and other land owners pledged their land as part of the villagers' contribution towards the government initiativesaimed at benefitingthe community. While this land acquisition practice may have had its merits, some landownerswere disadvantagedand made poorer. Mostly, the vulnerable peoplewere disadvantaged because they did not have a say in the land acquisition process. The situation was aggravated by lack of capacity on the part of landowner(s) to forward their grievances to those responsible, including the courts of law to, address their grievances. Currently in Mozambique, there is growing awareness of the obligations on the part of project funding agencies, project implementers as well as the public and the government, to ensure fair practices in land acquisition, payment of compensation and resettlement. This awareness is demonstrated by the resettlement and compensation plans developed for the Mozambique/Secunda Pipeline and the MOZAL aluminium smelting projects. It also became apparent during the stakeholder consultations that National Planning, Lands, Housing as well as Local Government and Municipal Authorities are implementing some kind of Abbreviated Resettlement Plans and ResettlementAction Plans, particularlyfor large projects. 5.2 PROPOSEDLANDACQUISITION MECHANISM This Resettlement Policy Framework, for the proposed PlREP project activities advocates all measures to minimize the impacts of physical and economic displacement of people. Therefore when involuntaryacquisition of land is required, the PlREP project shall: a. initiallyendeavor to utilize available freehold or public land; b. seek voluntarily donated land, sufficient for the purposesof the project; c. negotiate acquisition of land suitable for implementation of the project activities using agreed compensation plans and; d. only as a last resort, acquire land through involuntary means, following the provisions outlined below: 5.2.1 Upon identification of the specific land area to be acquired, the District Education Director (DDE) or the Districtofficial from the Ministryof Labour will (through the School Management Board), initiate negotiationswith the Village AdministrationIHeads and their Chiefs, or occupier(s) of customary land, registered proprietoror their representatives. 5.2.2 Inter-department cooperation shall be utilized, wherever necessary, to tap on the expertise and experiencesof the various stakeholder institutions. 5.2.3 The School Management Board, in consultation with the Developer, shall prepare actions plans that comply with the provisions of the framework, for implementationof land acquisition and resettlement. 5.2.4 PAPS shall be served with notice, clearly explaining the purpose of the acquisition, the area of land required and the owner's right to compensation, in accordancewith the existing law. 5.2.5 In the case of customary land, COREP shall ascertain from the village head, the Land Register or which ever is applicable, in order to determine the person or personswho have the right over that land; 5.2.6 In the case of freehold land COREP shall ascertain the registered owner or owners of the land to be acquired, from the land registers. 5.2.7 COREP shall commission a survey on the land to be acquired. Thereafter a plan shall be prepared and certified to accuratelyshow: a. land to be acquired; b. names of the owners and occupiers of that land as far as they can be ascertained; or in the case of customary land the name of the land owner who is the holder of the right over the land as ascertained by the local chief and other bonafide local residents. c. Identified local community leaderslrepresentatives to assist in the process of land acquisition d. estimated magnitude of impacts relative to the need for resettlement andlor compensationand valuation of assets to be compensatedfor. e. Financial records to be maintained by the School Management Boards, the LGAs and MECIMINTRAB, to permit calculation of the final cost of resettlement and compensation per individual or household. Each individual receivingcompensationwill have a dossier containing: Individualbiological information, Number of people slhe claims as household or as homestead dependents Amount of land available to the individual or household when the dossier is opened. Each time land is used or acquired by a School Management Board; the dossier will be updated to determine if the individual or householdlhomestead is being affected to the point of economic non-viabilityand eligibilityfor compensationlresettlement or its alternatives. These dossiers will provide the foundation for monitoring and evaluation, as well as documentation of compensation agreed to, received, and signed for. f. Additional informationwill be acquired for individuals eligible for resettlement andlor compensation. This informationwill include Level of income and of production Inventoryof material assets and improvementson the land, and Debts. g. proposed compensation offers and draft agreements to be signed by the affected persons and the developer h. details of the alternative land (if applicable), inclusive of ancillary support services such as transport for physical resettlement, provision of housing, provision of crop starter packs and food support or any other kind of assistance as may be relevant. i. details of resettlementafter-careand assistance,where appropriate j. available employment opportunities for the PAPs to participate in the project activities k. Mechanismsfor monitoringand evaluation 5.2.8 A copy of such a plan shall be deposited in the Office of the Chief Executive (Local Government)and another at the premisesof the local chiefs. 5.2.9 Land acquisition and compensation procedures shall ensure that persons, affected either physically or economically by the project, maintain or improve their livelihood. 5.3 VOLUNTARY LAND CONTRIBUTIONWITH COMPENSATION Voluntary Land Contribution with Compensation refers to a case whereby individual or communal owners agree to provide land for project-related activities, in return for negotiated compensation. The calculation of compensation due to PAPs shall be done according to the entitlement matrix as presented in Appendix 5.1 5.4 VOLUNTARY LANDCONTRIBUTIONWITHOUT COMPENSATION Individuals or groups may choose to voluntarily contribute their land for use in the project without seeking compensation. Where such donations of land for the school project are made, arrangements should be made to ascertain that:- b. The donor is the legitimateowner of such land or pieces of land; and c. The donor is fully informed of the nature of the school project and the compensation., COREP, however, should ensure that the following requirementsare fulfilled: an assessment to ascertain that the affected person does not suffer substantial loss, affecting hislher economic viability as a result of the donation. In the case of Customary Land, confirmation should be made by the Village Administration and any beneficiary owners in writing, that the land is free of claims or encroachmentsfrom any third party or; Deeds of donation should be submitted, witnessed by a person authorized under the oaths, affidavits and declarations of the Lands Acquisition Act. Declaration of ownership with waiver of claims for affected assets should be made. Any voluntary contribution of land without compensation must be accompanied by a consent form, which includes the name of the land donorls, and details of the contribution (type, size, location, specified period of use etc. as appropriate). This should be signed by the land donorls, including the male and female heads of the household involved andlor any person(s)who has rights over the land. 5.5 INVOLUNTARYACQUISITION OF LAND 5.5.1 Involuntary acquisition of land and assets thereon including resettlement of people, unless absolutely necessary, shall be avoided. In particular, acquisition of sites of spiritual or culturallhistorical significance shall be avoided. 5.5.2 If such involuntary land acquisition is unavoidable then it shall be minimized to the greatest extent possible. 5.5.3 Any plans for involuntaryacquisition of land and other assets and provisionof compensation shall be carried out in consultation with the persons to be displaced and Local Government Authority including local chiefs in such a manner that ensures minimal disturbance. 5.5.4 The Project affected persons shall participate throughout the various stages of the planning and implementationof the land acquisition, compensationand resettlement plans and processes. Prior to the preparation of the Resettlement Action Plans, the persons to be displaced shall be informed of the provisions of this Framework and their entitlements at public meetings. 5.5.5 The Lands Law Legislation and the Public Roads Act set out in detail, the procedures for the acquisition of customary land and freehold land by Government for the school projects or similar projects. Categories of losses and the resultant impacts on the livelihoods of the project affected persons are spelt out in Appendix 2.1 6.0 ELIGIBILITYCRITERIAAND CONDITIONS FOR DISPLACEMENTOF PROJECT AFFECTED PERSONS 6.1 WORLD BANK CRITERIA FOR DETERMINING ELIGIBILITY FOR COMPENSATION According to OP 4.12 of the World Bank, the criteria for determining eligibility for compensation, resettlement and rehabilitation assistance measures for persons to be displaced, shall be based on the following: (a) Persons that have formal legal rights to land, including customary and traditional; and religious rights recognized under the laws of Mozambique. 'This class of people includes those holding leasehold land, freehold land and land held within the family or passed on through generations. (b) Persons who do not have formal legal rights to land or assets at the time the census begins; but have a recognized claim to such land or assets through the national and traditional laws of Mozambique. This class of people includes those that come from outside the country and have been given land by the local chief to settle, andlor to occupy in matrimonialsociety. (c) Persons who have no recognizable legal right or claim to the land they are occupying, using or getting their livelihood from. This class of people includes those that settle at a place on semi-permanent basis, or those settling at a place without any formal grant or authority. Affected persons classified under paragraph (a) and (b) shall be provided compensation, resettlement and rehabilitation assistance for the land, building or fixed assets on the land and buildings taken by the project. The compensation shall be in accordance with the provisions of this framework and if affected persons occupied the project area prior to the cut-off date (date of commencement of the Census). Persons covered under sub-section (c) above are to be provided with resettlement assistance in lieu of compensationfor the land they occupy. In addition, they have to be given the necessary assistance to satisfy the provisions set out in this policy, if they occupy the project area prior to the established cut-off date. All persons in the three sub-sections above are to be provided with compensation for loss of assets other than land. Consequently, this policy advocates for some kind of assistance to all affected persons, including squatters or other persons encroaching on the project area illegally, irrespective of whether they have formal titles, legal rights or not. However, all persons who encroach on the project area after the cut-off date will not be entitled to any compensationor any assistance. Communities including districts, towns, wards and villages permanently losing land, resources and/or access to assets shall be eligible for compensation. Compensation to communities will include that for public toilets, market places, car parks and health posts or other appropriate compensation chosen by the community. Compensation measures shall ensure that pre-resettlement socio- economic status of the communities are restored and maintained. 6.2 PROCEDURES FOR PAYMENTOF COMPENSATION Compensation payment shall be made in the following ways: - (a) By agreement betweenthe government and the landowner(s): The government shall offer such sums deemed adequate as compensation, including replacement cost for lost assets, to that person; and the person may accept that amount as compensation payable to him or her. Such sums will be disbursed to the District Administrator (DA) for the district in question for payment to the PAPs. The DA shall maintain a record of PAPs, their claims and entitlements. After payment of such sums, the DA shall document the name(s) of the DP, the amount of compensation and the records of how the compensation was arrived at. A copy of such records shall be made available to the government and local chiefs. (b) By the court if there is no agreement: - If the compensation payable is not agreed upon between the government and the land owner, such compensation shall be determined by the Courts of Law. A claim shall not be entertained after five years from the date of the proclamation; and or 12 months after the exec~~tionof the purpose out of which the claim has arisen in respect of any damage done to the land acquired. Payment of compensation shall strictly be based on results of the census and shall be recorded in the register at the DistrictAdministration Office. A copy shall be kept by the Village Administrator for record purposesand future reference. 6.3 MOZAMBICANLEGISLAI'ION ON COMPENSATION Section 1.7.1 and Section 2.2.1 above provide the general basis for determining eligibility for compensation in accordance with the Land Law Legislation of Mozambique and the current practice used by some of the government institutions. In general, cash compensations are paid based upon market value of the crops. The affected persons are, in some cases, entitled to new housing on authorized land under government housing programmes. Under the customary law, land is given in compensationfor land. Shortfalls in the Mozambican Legislation on resettlement and compensation have been the basis for internationally funded projects to refer to internationally acceptable policies, including the World Bank policies, on resettlement and compensation. 6.4 COMPARISON OF MOZAMBIQUE LAW AND THE WORLD BANK OP 4.12 REGARDINGCOMPENSATION Appendix 6.1 provides a comparison between the Mozambican Law and the World Bank OP 4.12 with regard to compensation. Based on this comparison, Appendix 5.1 presents the proposed entitlement matrix designed to assist in the compensation process, by bridging the gaps between the requirements under Mozambican Law and the World Bank OP 4.12. Appendix 5.1 captures the higher of the two provisions to ensure that PAPS are adequately compensated for loss incurred through the process of displacement. It is to be noted, however that more comprehensive details should be provided in the preparation of the RAPS. In view of the foregoing, all land acquisitions by the School Management Boards for this program would be done subject to the Laws of Mozambique and the Bank's OP4.12. 6.5 CONDITIONSTO BE FOLLOWED IN DISPLACEMENTOF PEOPLE Where displacement of people is unavoidable, the following conditions shall be followed: (a) The entitlement cut-off date shall be determined and agreed upon in consultation with the Village Administration, the School Management Boards and all the stakeholders. (b) An estimation of the time likely to be needed to restore their living standards, income earning capacity and production levels shall be prepared (c) The estimate shall ensure that the condition of the project affected persons shall be maintained to at least the Project Affected Person's pre-project levels condition; (d) The project affected persons shall be provided with development assistance, in addition to compensation measures described in above. This shall include assistance for land preparation, credit facilities, training, or job opportunities, residential housing, or housing sites; or, as required, agricultural sites for which a combination of productive potential, location advantages, and other factors shall be at least equivalent to those of the old site. Assistance to displaced persons during relocation shall also be provided (e) project affected persons who encroach on the project area after the cut-off date shall not be entitled to compensation, or any resettlement assistance or any other form of rehabilitation assistance. 7. NOTIFICATION,VALUATION PROCEDURESAND ENTITLEMENTS 7.1 NOTIFICATIONPROCEDURE COREP shall by public notice, to be published in the Daily Newspapers, notify the public of its intention to acquire land earmarkedfor projects. A copy of such notice shall be served to each owner, occupier and person or agent having an interest in the land thereof. The names and addressesof the owners, occupiers and agents shall be readily ascertainable. The notice shall state: (a) Government's proposalto acquire the land; (b) The public purposefor which the land is wanted; (c) That the proposal or plan may be inspected at the COREP offices or in the Office of the DistrictAdministration, during working hours; (d) That any person affected may, by written notice, object to the transaction giving reasons for doing so, to the COREP with copies to the Directorate of MEC or MINTRAB, within 30 days of the first publication of the Notice. 7.2 VALUATION FOR STATE OWNED LAND The land asset types identified under MozambicanLaw are: State Land not within the jurisdiction of a village Village Land, including customary rightsof villagers. State owned land may be allocated free or sold on a commercial basis to the School Management Board by the Minister responsible for land administration. For cases where the state-owned land is being used by the public (for instance for grazing, settling or otherwise), the School Management Board would be expected to pay compensation. Privately owned property, would have to be compensated for at the market value. The general guiding principle is that whoever was using the land to be acquired would be provided alternative land of equal size and quality. 7.3 VALUATION FORCUSTOMARY LAND The PlREP project will often require the use of village land for its project activities. In this case, valuation methods for the affected land and assets should conform to customary laws and land assets would be valued and compensated for according to the following guidelines: The School Management Boards would compensate for assets and investments (including labor, crops, buildings, and other improvements) according to the provisionsof the resettlementplan. Compensation rates would be replacement cost, as of the date that the replacement is to be provided or at the date of project identification, whichever is higher. The market pricesfor cash crops would have to be determined. Eligibility for compensation would not be valid for new persons occupying/usingthe project sites after the cut-off date, in compliance with this policy. For community land held under customary law, the permanent loss of any such land will be covered by community compensation, which will only be in- kind. However, since the bank policy on resettlement, OP4.12, makes no distinction between statute and customary rights, a customary land owner, or a user of state owned land will be compensated for land, assets, investments including loss of access, at replacement costs, at the time of the loss or at the time of project identification, whichever is higher. 7.4 CALCULATIONS FOR COMPENSATION PAYMENTS AND RELATED CONSIDERATIONS 7.4.1 General Considerations Individual and household compensation will be made in kind and/or through assistance. Although the type of compensation may be an individual's choice, compensation in kind will be preferred, if the loss amounts to more than 20% of the total loss of subsistence assets. For cash payments, compensation will be calculated in Mozambican currency adjusted for inflation. For compensation in kind, items such as land, houses, other buildings, building materials, seedlings, agricultural inputs and financial credits for equipment may be included. Assistance may include moving allowance, transportation and labor. Making cash payments raises issues regarding inflation and security that have to be considered. Cash payments must allow for inflationary adjustments of compensation values. Security, for people who will be receiving cash compensation payments will need to be addressed by the local administration. These are some of the reasons why compensation in-kind would be preferred. For payment of compensation in-kind, the time and new location will have to be decided and agreed upon by each recipient, in consultation with the School Management Boards and the Local Government Authorities. 7.4.2 Compensation for Land Compensation for land is aimed at providing for loss of crop and the labour used to cultivate the crop. The term "Land" refers to an area or homestead in cultivation, being prepared for cultivation, or cultivated during the last agricultural season. This definition recognizes that the biggest investment a farmer makes in producing a crop is his or her labor. As a result, compensation relating to land will cover the market price of labour invested, as well as the replacement cost of the crop lost. 7.4.3 Land measurement The unit of measurement for land would be that, which is used and understood by the affected persons. Therefore if a traditional unit of measurement exists in the rural areas, that unit shall be used. If a traditional unit of measurement does not exist, it is recommended that land should be measured in meters or any other internationally accepted unit of measurement. In such cases, the unit that is-being used must be explained to the affected farmerslusers. The unit of measl-~rementmust be easily related to recognizable land features that the communities are familiar with, such as relative location of trees, stumps and other fixed features on the sites. Understanding the unit of measurement ensures that the affected person is able to verify hislher own size of land that is being lost. This maintainstransparency in the processand avoids subsequent accusations for wrong measurements or miscalculation of land areas. 7.4.4 Determinationof Crop Compensation Rates Prevailing prices for cash crops would have to be determined. Each type of crop is to be compensated for, using the same rate. This rate should incorporate the value for the crop and the value for the labor invested in preparing new land. Calculating compensation using one rate guarantees uniformity and allows anyone to measure the area of land for which compensation is due and to multiply the area by the one rate known to all. This approach also allows assignment of values to previous year's land (land in which a farmer has already invested labor) and land that has been planted but crops may have not yet sprouted. Further, it avoids contention over crop density and quality of mixed cropping. 7.4.5 Compensation Rates for Labour 'The value of labor invested in preparing agricultural land will be compensated for at the average wage in the community for the same period of time. The labor cost for preparing replacementland is calculated on what it would cost a farmer to create a replacement farm land. This value is found by adding together the average costs of clearing, plowing, sowing, weeding twice, and harvestingthe crop. All agricultural labor activities are includedfor two reasons. The first reason is to ensure uniformity. All land labor will be compensatedfor at the same rate. Secondly, it is difficult to forecast when, during the growing season, a farmer might need to give up hislher land. Thus, the land compensation covers all investmentsthat a farmer will make. Labor costs will be paid in Mozambican Meticais at the prevailing market rates. An example of a schedule for calculation of labor costs is given in Appendix 7.1 The rate used for land compensation is to be updated to reflect values at the time compensation is paid. An example that derives the total value for a one hectare piece of land, from the value of the crops on the land and the value of labor invested in preparinga replacement land is given in Appendix 7.2. In certain cases, assistance may be provided to land users, in addition to compensation payments. For example, if a farmer is notified that hislher land is needed after the agriculturally critical date (critical date, may be different in parts of Mozambique and across climate zones) when slhe will no longer have enough time to prepare another piece of land, assistance will be provided in form of labor intensive village hire, or mechanized clearing so that replacement land will be ready by the sowing dates. The farmer will still continue to receive hislher cash compensationso that slhe can pay for sowing, weeding and harvesting. 7.4.6 Compensationfor Buildings and Structures Compensation for building and structures will be paid by replacing huts, houses, farm outbuildings, latrines and fences. Any homes lost will be rebuilt on the acquired replacement land. However cash compensation would be available as a preferred option for structures such as extra buildings lost, that are not the main house or house in which someone is living. The applicable replacement costs for construction materials will be used to calculate the values. Alternatively, compensation will be paid in-kind for the replacement cost without depreciation of the str~~cture.The project will survey and update construction material prices on an ongoing basis. Compensation will be made for structures that are abandoned because of relocation, or resettlementof an individualor household, or structures that are damaged directly by constructionactivities. Replacementvalues will be based on: Drawings of individual's house and all its related structures and support services, a Average replacement costs of different types of household buildings and structures based on information on the quantity and type of materials used for construction (e.g. bricks, rafters, bundles of straw, doors etc.), Prices of these items collected in different local markets, Costs for transportation and delivery of these items to acquiredlreplacement land or building site, Estimatesof constructionof new buildings including labor required. An example to demonstrate the calculation of compensation for buildings is give in Appendix 7.3 7.4.7 Compensationfor Sacred Sites This policy does not provide for compensation for the use of land defined to be cultural property. This property is also not covered by the Banks Safeguard Policy OP 4.11. Sacred sites include but are not restricted to: altars, initiation centers, ritual sites, tombs and cemeteries. Sacred sites include such sites or placeslfeaturesthat are accepted by local laws including customary practice, tradition and culture as sacred. To avoid any possible conflicts between individuals andlor communities, homesteads and village government, the use of sacred sites for any project activities is not permitted under the PIREP. 7.4.8 Compensation for vegetable gardens and beehives Vegetable are planted for daily use. Until a replacement garden can be harvested, the family displaced (economicallyor physically) as a result of the project will have to purchase these items on the market. The replacement costs therefore, will be that calculated to be the average amount an average town dweller spends on buying these items for one year, from the local market. Beehives are placed in various locations by some individualsthat specialize in honey gathering. If such beehives are disturbed by the project activities, or access to them is denied, beekeepersmay have to move them. The beeswill eventually adapt to the new locations. Beekeepers would be compensated for the value of one season's income from honey, for each beehive that is moved and for any reasonablecosts associatedwith moving the hive. 7.4.9 Compensation for Horticultural, Floricultural and Fruit trees Trees are primarily important as a source of: Subsistencefood for families Cash that contributes to the local and export economy Petty market income in some areas and, Shade (in the case of cashew, mango and some coconut trees) Traditional medicinalvalue Where plants and trees exist on the affected land, the example given in Appendix 7.4, on Mango trees will serve as a guide on how to value fruit trees and other trees of nutritional, medicinal and other significant economicvalue. Given their significance to the local subsistence economy, fruit trees will be compensated on a combined replacement value. Fruit trees such as coconut and cashew trees commonly used for commercial purposes in Mozambique will be compensated at replacement value based on historical production statistics. If households are resettled, they will be compensated for the labor invested in the trees they leave behind. This assumes that they will continue to own the trees left behind under customary rights. It is not uncommon for individuals to own trees in other villages in which they formally lived and, in some cases, to continue to harvest fruit from those trees for subsistence purposes and/or sale to traders. If a household/individual chooses to transfer ownership of the trees, transfer costs will be paid in addition to labor costs. The compensation rate will be based on information obtained from the socio-economicsurveys. Based on this information, a compensation schedule for cashew, coconut, guava, mango and other trees can be developed, incorporatingthe following criteria: a Replace subsistencefruit (e.g. coconut, cashew, guava or mango) production yields as quickly as possible. Provide subsistencefarmers with trees to extend the number of monthsof the year during which the fruits (e-g.guavas/mangoes)are produced and can be harvested as a supplemental source of food for their families during their "hunger season". Provide farmers with the opportunity to derive alternative income from trees bearing more valuable fruits at off-season periods. Provide cash paymentsto farmers to replace pre-project income derived from the sale of excess guava or mango production until replacement trees produce the equivalent (or more) in projectedcash income. No compensation will be paid for minor pruning of trees. Compensationfor removal of limbs will be prorated on the basis of the number of square metres of surface area removed. The total surface area of the tree will be calculated using the following formula: (112 diameter of canopy)*x 3.14. The compensation schedule in Appendix 7.4 is based on providing a combination of new grafted and local trees to farmers, as well as cash paymentsto offset lost yearly income. 7.4.10 Other Domestic Fruit and Shade Trees These trees have recognized local market values, depending upon the species and age. Compensation for wild trees "owned" by individuals, who are located in lands as defined in this policy, will be paid. Wild, productive trees belong to the community when they appear in the bush as opposed to a fallow land. These trees will be compensated for under the umbrella of the village or community compensation. No compensationwill be paid for minor pruning of trees. Compensationfor removal of limbs will be prorated on the basis of the number of square metres of surface area removed. The total surface area of the tree will be calculated using the following formula as given for fruit trees 7.5 ENTITLEMENTSFOR COMPENSATION Entitlements for compensation shall be based on the eligibility criteria and the various categories of losses identified in the desk studies and field consultations. The matrix in Appendix 5.1 will be used in the settlement of claims for compensation for lost assets of PAPSbased on the aforementioned principlesand legal framework where land is involuntarily taken. Unless otherwise indicated, payment of compensation and other entitlements and the extension of assistance will be given to PAP householdsand not individuals. In dealing with compensation, preference shall be given to land based resettlement strategies for Project Affected Persons whose livelihoods are land-based. If land is not the preferred option for the project affected persons, the provision of land would adversely affect the sustainability of the project. Where sufficient land is not available at a reasonable price, non-land based options built on opportunities for employment or self re-employment should be provided in addition to cash compensation for land and other assets lost. However the lack of land shall be documented and justified. In addition to these entitlements, householdswho are found in difficult situations and are at greater risk of impoverishment (i.e. widowed household heads, households without employment, single parent households etc) as identified by the census will be provided with appropriate assistance by the project through the School Management Boards. The District Administration shall furnish the COREP and MECIMINTRAB with the necessary information. Assistance may be in form of food, temporally accommodation, medicine subsidy, employment referrals or priority employment in project activities. The assistance is meant to help them cope with the displacement caused by the project. 8. PROCEDURE FOR DELIVERY OF COMPENSATION Compensation and resettlement activities will be funded like any other project activity eligible under the PIREP. Fundingwould be processedand effected through the School Management Board'sfinancial processingarrangements. The compensation process, which will involve several steps, would be in accordance with the individual School Management Board's Resettlement and Compensation Plans and would be delivered as follows: 8.1 CONSULTATIONAND PUBLIC PARTICIPATION Consultation and public participation with the PAPS will initiate the compensation process. This consultation and public participation will be part of an ongoing process that would have started at the planning stage; and would have continued through the technical design inception and development, land selection and screening stages. This trend will ensure that all affected individuals and households are well informed and adequately involved in the entire process. 8.2 NOTIFICATIONOF LAND RESOURCEHOLDERS Those who hold title to the land resourceswould be informed through the process in 7.1 above. Where there are clearly no identified owners or users, the respective Regional Lands Board, District Administration and the Traditional Leaders will notify the community leaders and representatives to help to identify and locate the land users. These leaders and representativeswill also be chargedwith the responsibility to notify their members about the established cut-off date and its significance. The user(s) will be informed through both formal notification in writing and by verbal notification delivered in the in the presence of the community leaders or their representatives. In addition, representatives of traditional leaders, religious leaders, other elders and individuals who control pastoral routes, fishing areas, indigenous tress, or beehives and hunting areas will ascertain localitiesof these sensitive areas. 8.3 DOCUMENTATIONOF HOLDINGSAND ASSETS The Provincial Lands Board, the District Administration and Traditional Leaders and officials of the School Management Board will arrange meetings with affected individuals to discuss the compensation process. For each individual or household affected, officials of the School Management Board will complete a compensation dossier containing necessary personal informationon: a. the affected party including household members, b. total land holdings, c. inventoryof assets affected, and d. informationfor monitoring their future situation. This information will be confirmed and witnessed by the Provincial Lands Board, District Administration and Traditional Leaders or their representatives.The dossiers will be kept current and will include documentation of pieces of land that are to be surrendered. All claims and assets will be documented in writing. Such baseline information is necessaryfor monitoring. 8.4 COMPLAINTSAND GRIEVANCESMECHANISMS 8.4.1 Objections At the time that the individual resettlement plans are approved and individual compensation contracts are signed, affected individuals and householdswould have been informed of the processfor expressing dissatisfactionand to seek redress. The grievance procedure will be simple and will be administered as far as possible, at local levels to facilitate access by PAPS. The School Management Board being a party to the contract would not be the best office to receive, handle and rule on disputes. Therefore, all grievances concerning non-fulfillment of contracts, levels of compensation, or seizure of assets without compensation should be addressed to the Village Government assisted by the District Administration. All attempts should be made to settle, grievances amicably. Those seeking redress and wishing to state grievances would do so by notifying their Village Government. The Village Government will inform and consult with the School Management Board and the LGAs to determine validity of claims. If valid, the Village Government will notify the complainant and slhe will be assisted. If the complainant's claim is rejected, the matter shall be brought before the LGA's for settlement. The decision, of the LGAs would be final and all such decisions must be reached within a full growing season after the complaint is lodged. It has to be noted that in the local communities, people take time to decide to complain when aggrieved. Therefore, the grievance procedures will give people up to the end of the next full agricultural season, after surrenderingtheir assets, to allow for enough time to presenttheir cases. The grievance redress mechanisms is designed with the objective of solving disputes at the earliest possible time, which will be in the interest of all parties concerned and therefore, it implicitly discourages referring such matters to the Tribunal for resolution. Compensation and resettlement plans (contracts)will be binding under statute, and will recognize that customary law is the law that governs land administration and tenure in the rurallvillage areas. This is the law that most Mozambicans living in these areas, are used to and understand. All objections to land acquisition shall be made in writing, to the COREP with copies to the Minister of Education and1 or the Minister of Labor within 20 days after the public notice; or through a formal complaint lodged via the Traditional Authority and DistrictAdministration. The local chiefs shall maintain records where grievances and complaints, including minutes of discussions, recommendationsand resolutionsmade, will be recorded. 8.4.2 Consensus, Negotiations and Conflict Resolution Consensus and negotiation are central to addressing grievances. In generally, people are aware of their rights, their commitments to the country as citizens and their allegiance to village and family issues. For this reason, many Government funded community projects have been implemented without obstacles from project affected persons. However some projects have been known to stall due to delays in disbursement of compensation. Prior negotiations, between Government representativesand project beneficiaries, are therefore crucial to the success or failure of the project. As a guiding principle emphasis should be placed on simplicity and proximity of the conflict resolution mechanisms to the affected persons and the following should be noted: (a) Negotiation and agreement by consensus will provide the best avenue to resolving any grievances expressed by the individual land owners or households affected by community projects. These grievances shall be channeled through the Local Chiefs. (b) COREP should ensure that any consensus is achieved freely by the main parties involved. The general public should be advised clearly by the COREP or the relevant government representative as to who is responsible for the activity and the procedurefor handlinggrievancesor compensation claims. (c) Grievances should be addressed during the verification and appraisal process. If a suitable solution is not found, the School Management Board shall defer consent of the project and the concerned project activities shall not be allowed to proceed. (d) Grievances for which solutions have not been found should be referred back to the community for discussion where the Local Chiefs and District Administration will redress the matter of concern to assist the claimants. The mediation process will be implemented according to traditional methods of mediation/conflict resolution. The resolution will then be documented on the relevant consent forms and verified. (e) If an agreement cannot be reached at community level the aggrieved party or parties shall raise their concerns with the MECIMIN-TRAB team who shall refer them to the respective District Administration, within 20 days of the verification meeting. Grievances that cannot be resolved at the district level shall be officially referred to the COREP with copies to MECIMINTRAB. Should grievances remain unresolved at this level, they can be referred to a court of law. 8.5 AGREEMENT ON COMPENSATIONAND PREPARATIONOF CONTRACTS All types of compensation are to be clearly explained to the individual and households involved. The respective School Management Board will draw up a contract listing all property and land being surrendered; and the types of compensation (cash andlor in-kind) selected and agreed upon. Those selecting in- kind compensation will sign an agreement form, which will be witnessed by the Village Management Committees' Representative. The compensation contract and the grievance redress mechanisms shall be read aloud in the presence of the affected party and the representative of the Provincial Lands Board, District Administration and the Traditional Leaders, prior to signing. 8.6 COMMUNITY COMPENSATION PAYMENTS Community compensationwill be paid in-kind only for a community as a whole. This will be in the form of reconstruction of the facility to at least the same or better standard and as required by local planning regulation. Examples of community compensation include: a. School Building (public or religious) b. Public Toilets c. Well or Pump d. Market Place e. Road f. Storagewarehouse. Community compensation may in itself require land-take and people may be affected thereby requiringcompensation. All handing over of property such as land and buildings and compensation payments will be made in the presence of the affected party, the traditional leaders and their officials; and representativesof the local government administration. 9. BUDGETARYIMPLICATIONSAND FUNDING Funds for implementing inventory assessments as well as land acquisition and resettlement action plans will be provided by MECIMINTRAB. In general, the cost burden of compensation will be borne by the executing agencies such as government ministries, NGO's and the private service providers as may be appropriate. The estimate of the overall cost of resettlement and compensation would be determined during the socio-economic study. MECIMINTRABwould have to finance the resettlement compensation because they are the parties who would be impacting on the livelihoods. Disbursements based on budgetary requirements, established by the RAPS in consultation with PAPS and local chiefs, will made through the relevant DistrictAdministration. At this stage, it is not possible to estimate the likely number of people who may be affected. This is because the technical designs and details have not yet been developed and the land needs have not yet been identified. When this information is available and after the conclusion of the site specific socio-economic study, information on specific impacts, individual and household incomes and numbers of affected people and other demographic data would be available. Such information will facilitate the preparation of a detailed and accurate budget for resettlement and compensation. The School Management Board will prepare the resettlement budget and will finance this budget through the administrative and financial management rules and manuals like any other activity eligible for payment under the PIREP. This budget will be subject to the approval by MECIMINTRAB. At this stage however, all that can be reasonably and meaningfully prepared is an indicative comprehensive budget, highlighting key elements that the budget must contain. Such an indicative comprehensive compensation budget is provided in Appendix 9.1 10. INSTITUTIONALAND IMPLEMENTATIONARRANGEMENTS 10.1 INSTITLl1-IONALARRANGEMENTS The COREP, through the Ministry of Education and Culture (MEC) and the Ministry of Labour (MIN-TRAB) shall make every effort to ensure that no land is acquired against the will of the person(s), exercising rights over their land. In the event that land acquisition is unavoidable, it shall be done according to the process outlined in this framework. The overall responsibility for the implementation of this Framework is under the COREP. The COREP, in liaison with MEC and MINTRAB will ensure that the framework is publicly disseminated and that project staff has the requisite skills and knowledge and, where necessary, appropriate training to implement the framework should be provided. The District Administration (including District Education Directors from MEC and MINTRAB) shall take responsibility for implementation of the Framework at District Level, with assistance from other line district directors in the affected ministries, which will include the Ministry of Lands and Valuation, the Ministry of Water Development, the Ministry of Housing, the Ministry of Local Government, and the Ministry of Agriculture and Rural Development. The District Administration will be responsible for monitoring the resettlement and compensation plans drawn up for the PAPs. The District Administration, with assistance from the District Education Director will assume the role of implementation of the plans, resettlement and compensation. They will work closely with the Village Government to ensure that the resettlement and compensation contracts signed by PAPs are timely executed and that the interests of the PAPs are protected. The District Administration will also be responsiblefor collection of data for updatingthe database. The District Administration must take into account other World Bank related safeguard policies such as OPIBP 4.01 (Environmental Assessment) OPN 11.03 (Cultural Property), OPIBP 4.10 (Indigenous Peoples), OP 4.56 (Forestry) and OP 4.04 (Natural Habitats), in implementingthe provisionsof this framework. NGOs may, where appropriate and necessary, be periodically engaged for the independent monitoring of the resettlementand compensation plans and shall report any deviations from the planned activities to COREP. The NGO's shall be responsible for funding their activities except for cases where a special contract agreement has been entered into with the client. 10.2 LANDACQUISITION AND RESETTLEMENTPROCESSIMPLEMENTATION 10.2.1 ResettlementAction Plans COREP shall make sure that following the census, a comprehensive Resettlement Action Plan is prepared for each project activity that triggers resettlement. In this undertaking, the COREP may employ the ministry responsible for lands or a private consultant to provide valuation services required for the RAPS. This assignment shall be financed by the MECIMINTRAB. In case of involuntary resettlement,approval of the new piecesof land to be used for resettlement shall be sought from the Government in consultation with local communities. The process of preparing the resettlementaction plans, in line with the requirements of Section 5.2.7 above, will involve the following:- Establishment of the cut of date and carrying out of a census to identify project affected persons The census will generate information about the Project affected persons, their entitlements regarding compensation, resettlement and rehabilitation assistance as required; Disturbances, especially those affecting income-earning activities, should be properly recorded for the sake of compensation or replacement in case of resettlement. Based on the census and inventory of losses, and in consultation with the Project affected persons, a time phased action plan with a budget for provision of compensation, resettlement, and other assistance as required, shall be prepared. To ensure transparency of procedures, Project affected persons shall be informed of the method of valuation employed to assess their assets. All payments of Compensation, Resettlement Assistance and RehabilitationAssistance, as the case may be, shall be made in the presence of the Project Affected Person in question and the local chiefs. 10.2.2 Public Consultation and Participation Public consultation and participation are essential because they afford potential PAPs the opportunity to contribute to both the design and implementation of the program activities. This reduces the likelihood for conflicts between and among PAPs and with the management committees. In recognition of this, particular attention should be paid to public consultation with potentially affected individuals, households and homesteads (including host communities)when resettlementand compensationconcerns are involved. As a matter of strategy, public consultation should be an on-going activity taking place throughout the entire project cycle. Hence, public consultation should take place during the: project inceptionand planning screening process socioeconomicstudy, preparationof the School Development Plans resettlementand compensationplanning drafting and readinglsigningof the compensationcontracts. paymentof compensations resettlement activities and implementationof after-project community support activities Public participation and consultation should take place through meetings, radio programs, request for written proposalslcomments, completion of questionnaireslapplication forms, public readings and explanations of the project ideas and requirements. Public documents should be made available in appropriate languages at the National, local and homestead levels and at suitable locations including the official residencesloffices of Village Governments and village elders. Public consultation measures should take into account the low literacy levels prevalent in the rural communities, by allowing enough time for discussions, consultations, questions, and feedback. 10.2.3 Time Frames The following key timeframes shall apply unless otherwise agreed between 'the MllVEDllNEFP and the recipient; provided however, that no agreement to waive the tirneframes shall adversely affect the rights or interests of Project affected persons under this Framework: The inventory shall be completed at most four months prior to the commencement of work. The Resettlement Plan shall be submitted to COREP for approval immediately after completion of inventory Compensation, resettlement and rehabilitation activities shall only commence after the MECIMINTRAB and the persons to be displaced have accepted the Resettlement Plan. Comprehensive time frames shall be drawn up and agreed upon by all parties including the PAPs. Compensation payments for acquired land and affected assets, resettlement of households and documentationlvalidationof voluntary land donations, as described above, must be completed as a condition for taking away of land and before corr~mencementof the civil works under the project. Adequate time and attention should be allowed for consultation of both the displaced and host communities before bringing in the new comers. The actual length of time will depend on the extent of the resettlement and compensation and will have to be agreed upon by all parties 10.3 LINKING RESETTLEMENT IMPLEMENTATIONTO CIVILWORKS PAPs will need to be compensated, in accordance with this Resettlement Policy Framework, before any project activity is implemented. For activities involving land acquisition or loss, denial or restriction to access of resources, it is required that provisions be made, for compensation and for other assistance required for relocation, prior to displacement. The assistance includes provision and preparation of resettlement sites with adequate facilities. In particular, land and related assets may be taken away only after compensation has been paid and resettlement sites and moving allowances have been provided to PAPs. For project activities requiring relocation or resulting in loss of shelter, the resettlement policy further requires that measures to assist the project affected persons are implemented in accordance with the individual Resettlement Action Plans (RAPS). In the lmplementation Schedule of each RAP (Section 17 of appendix 4.2) precise details on resettlement and compensation must be provided. Similarly, the ARAP section on Arrangements for Monitoring and lmplementation (Section 5 of Appendix 4.3) must provide a schedule for details on resettlement and compensation. In both of these sections, the schedule for the implementation of activities, as agreed between the School Management Board and the PAPs must include: target dates for start and completionof civil works, timetables for transfers of completed civil works to PAPs, dates of possession of land that PAPs are using (this date must be after transfer date for completed civil works to PAPs and for payments of all compensation) and, how these activities are linked to the implementation of the overall sub project. When approving recommendations for resettlement during screening, LGAs m ~ ~ s t confirm that the resettlement plans contain acceptable measures that link resettlement activity to civil works, in compliance with this policy. Proper timing and coordination of the civil works should ensure that no PAP or household would be displaced (economically or physically) due to civil works activity, before compensation is paid and before resettlement sites with adequate facilities are prepared and made available to the affected individualor homestead. Once the resettlement plan is approved by the local and national authorities, it should be sent to the LGA, Provincial and National MEC and MINTRAB offices for final review and verification. 11. RESETTLEMENT AND COMPENSATION IMPLEMENTATIONAND MONITORING PLANS 11.I IMPLEMENTATIONPLAN In order to effectively implement the resettlement and compensation activities, there will be need to prepare an implementation plan. The School Management Board, in consultation with the PAPs, the Village Government and the District Administration, should prepare the implementation plan. The plan should provide a detailed list of activities to be implemented during all the stages of planning, compensation, resettlement and after resettlement. In addition, the activities listed in the plan should have agreed time frames and personslinstitutions responsible for implementing the activities. An example of a Resettlement and Compensation implementation Plan is given in Appendix 11. I The land acquisition and resettlement implementation plan shall be supervised by the School Management Board (SMB), based at the district. The SMB shall follow the implementation plan and record their observations for reporting regularly to COREP. Copies of their report will be sent to the District Administration in the respective districts and to the parent ministry. The report shall include: (a) Confirmation and verification that all the baseline information has been captured and that the valuation of assets and provision of compensation and other entitlements have been carried out in accordance with this framework; (b) Verification and follow-up meetings to ensure that resources for implementation of the resettlement and compensation plan are timely provided by the MECIMINTRAB in accordance with respective agreed plans; (c) Records of all grievances and resolutions made, for reference as well as for ensuring that they are dealt with on time; and (d) Records of people compensated or resettled, with confirmation that the resettlement plans have been fully implemented to the satisfaction of the PAPs. Reporting on the implementation of the Land Acquisition and Compensation Plan will form part of the quarterly reporting by the school management team to COREP. Some compensation procedures and rates may require review and revision during the program cycle. The School Management Boards, the District Administration and COREP, will implement the changes by referring to the Monitoring and Evaluation manuals of the program. Completing these manuals will require feed back from: Indicators monitored by the local and regional governments to determine whether goals are being met, and grievances statistics of the local community expressing dissatisfaction about the implementation of compensation and resettlement activities. 11.2 MONITORINGPLAN In order to assess whether the goals of the resettlement and compensation plan are met, a monitoring plan will be required. This monitoringplan will indicate parameters to be monitored, institute monitoring milestones and provide resources including responsible persons or institutions, necessaryto carry out the monitoringactivities. The arrangementsfor monitoringthe resettlementand compensationactivitieswould fit the overall monitoring programme of the entire PIREP, which would fall under the overall responsibility of COREP. COREP will institute an administrative reporting system that: (a) alerts project authorities to the necessityfor land acquisition in the project activities design and technical specifications; (b) providestimely informationabout the asset valuation and negotiation process, (c) reports any grievancesthat require resolution,and (d) documents timely completionof project resettlement obligations (i.e. payment of the agreed-upon sums, construction of new structures, etc.) for all permanent and temporary loses, as well as unanticipated,additional construction damage. (e) updates the databasewith respect to changes that occur on the ground as resettlementand compensationactivities are being implemented Annual evaluations will be made in order to determine whether the PAPs have been paid in full and before implementation of the sub project activities; and whether the PAPs enjoy the same or higher standard of livingthan before. A number of objectively verifiable indicators ( 0 V 1's) shall be used to monitor the impacts of the compensation and resettlement activities. These indicators will be targeted at quantitatively measuring the physical and socio-economic status of the PAPs, to determine and guide improvement in their social wellbeing. Therefore, monitoring indicators to be used for different RAPS or ARAPs will have to be developed to respond to specific site conditions. As a general guide, Appendix 11.2 providesa sample of monitoringindicators. This framework is suggesting that where appropriate and where it is determined to be cost effective, the office of the District Administration is structured to host the M&E component of the projectlprogram. This would take the form of giving the districts the mandate to carry out independent monitoring of the implementation of the resettlement and compensation plans at periodic intervals of quarterly or half yearly (as circumstances dictate) during the program life. Their report would then be sent to the LGAs and COREP, and the School Management Boards and become part of the official documents of the program. Independent monitoring can be arranged from time to time to validate the programme implementation. During the consultations held for the study, it was established that an Advocacy NGO, by the name of Livaningo has been involved in independent monitoringof the compensationand resettlementactivities of Sasol and MOZAL. Involving such type of an NGO to carry out independent monitoring will enhance the openness and transparency of the compensation and resettlement programme. MECIMINTRAB would have to approve participation of NGO1sin independent monitoring activities, depending on their requirements. Participation of NGO's, as was the case in the example given above, would be funded by the NGO1s themselves, using their own resources; unless under special funding and participation arrangementsto be approved by MECIMINTRAB APPENDIX 1.1 Training Institutions of DINET and INEFP Proposed for Piloting and Rehabilitation under PIREP Activities Fleld and Civil Society (already identified) 1 All Management ,> Secretarial1Boara~ss~stant > CTA (Confederationof North >Industrialand Comercial and Admin Ill Trade Association) (1) School 3 de Fevereiro, 9 Management > Economists Nampula Ill& IV Associations (IPF 01) 9 Accounting andAuditing 9 Accountingand Ill& 1V Auditing Companies - (3 occupations) Center Beira lndustrial and Commercial (1 Institute > (IPF 02) South Maputo Commercial lnstitute (2) (IPF 03) > Lhanguene Comercial School -- - (IPF 04)- -- - ---~ - - - - - - > - - 2 Tourism Hotels >Front desk officers k Industrial& trade North Pemba Industrialand CateringOthers II Association (1 Commercial Institute ( 05) >Cooks and waiters Nampula. II 9 Tourism Association >Receptionist Hotel Manager1 9 Nampula. 9 Eduardo MondlaneIndustrial Catering 9 Hotel Cabo Delgado. south and ComercialSchool , Ill 9 South Professionalsof (1) lnhambane Tourism Association (IPF 06) (4 occupations) IV National Mobile Unit > , INEFP (IPF 07) - --- -- -= -- -- - - - .- - 3 ~~riculture Agro-animal 3 Agriculture II&111 3APAMO Norte 3 LichingaAgrarian school andlor Agro- husbandry >Agriculture (1 (IPF 08) industry 3 Animal husbandry II & Ill Association Niassa Agro-Industry 3FRUTISUUFUTIMEL Centro > Mocuba Agrarian school > Mechanic of Agricultures 9Association of (1) (IPF 09) Machines II Pecuary Sofala Sul 9 Chbkw6 Agrarian Polytechnic 3 Agro Processing (2 School (IPF 10) (Chemicalprocesses) Ill 9 Moamba ProfessionalSchool (IPF 11) - (4 occupations) - - - - - - 2 -- 2 - n -- - - - ppp 4 Industry Industrial >Industrial Electricity II&111 3AFlM North 3 Professional Center INEFP operation and Maintenanceand 3 AIM0 (2) Nampula maintenance. Operation 9Mechanic II&111 3APAMO (IPF 12) Extractive 3 MOZAL 9 3 de FevereiroIndustrialand Industry. 3 Automation and 9 CRVD Commercial School , Construction Instrumentation Ill 9 Cimentosde Moq. Nampula Energy& Water 3 HCB (IPF 01) Centre > Professional Center INEFP (2) Beira (3 occupations) (IPF 13) 3 Instit. Indus. e Commercial, Beira (IPF 02) South 3 Professional Center INEFP (2 Electrotechnical (IPF 14) 3 Maputo lndustrial Institute (IPF 15) -- 9 Matola ProfessionalCenter - - - ( I P F 1 6 ) - - -- - A- - - - - - I Note: Rede Salesiana is aSpanish NGO responsible to;implementing ATpro~ramsfunded I 2 by Spanish booperation in Mozambique. The selected Salesiana institutionsfor the pilot (Escola Comercialde Lhanguene, Escola Profissionalde Moamba, CFP da Matola) will not need the project funding, Since theyalready benefitfrom supportfrom Spanish Cooperationas wellas other organization. APPENDIX 1.2Table for Prices Used to Compensate for Loss of Trees All prices are in dollars at the exchange rate of 24, 500 Meticais to the Dollar New and small refer to trees that are 0-1 years old Medium refers to trees that are 1-5 years old Large refers to trees that are above 5 years old APPENDIX 2.1 categories n* losses and their impacts on project affected pt Loss Category Social Impacts Relocation Impoverishment, disturbance of production systems, loss of sources of income, loss or weakening of community system and social networks, loss of access to social amenities such as hospitalsand schools, water; dispersion of kin groups, loss of cultural identity and traditional authority, I I loss or reductionof potential for mutual hl ~tionalstress. Loss of land but no relocation Ir shment, loss of sources of inr;urr~t:and means of livelihood, Loss of assets or accessto assets, increasedtime to access resources Alienation due to neighbors being Impoverishment, weakening of community relocated systems and social networks, loss of mutual help and communitysupport , loss of traditional authority, Loss of identityand cultural survival, emotional stress Hosting PAPS Impoverishment, loss of sources of income, reduced time and access to resourcessuch as hospitals and schools, water, increasedtime to access resources, Disruptionof social fabric, increased crime, increase in diseases such as STDs and HIVIAIDS, Clash of cultural and religious beliefs and cultural norms APPENDIX 4.1 Screening Criteria for Sites for the PIREP Project Activities During the screening for possible sites for new schools and institutions, the School Management Board will request from the Village Administration, suitable and appropriate land, in the area proposed for location of the new school. Using participatory methods, the Village Administration will consult with local communities within the school boundary area, to select the required land to allocate to the School Board, using the following criteria: 1) 'The site should not be within an environmentallysensitive area 2) The site should be locatedwithin 500 metres of a settlement area 3) There should be a sustainablesource of potablewater within 1 km. of the site 4) The site should be at least 20, 000 m2 in size or large enough to accommodatethe building plan for a new school. 5) The site owners and/or users, if any should be consulted and invited to participate in the meetings and activities of the local community regardingthe school 6) The School Board must be able to secure legal title to the land 7) The outer boundaries of the site should be clearly marked and the sides should be measuredand recorded. 8) There should not be any natural or man-made features on the site (e.g. swamps water pipes, gullies, bedrock, flood plains and rock falls) to obstruct constructionor to pose danger to people or building structures. 9) The site should be clear of natural or man-made features (e.g. Steep cliffs, electricity pylons etc), within 100 metres, that could pose danger to students once the school is established. 10) The site must conform to the local development plan for the area or district. 11) The site should not lead to either the physicaldisplacementof people, loss of their shelter, loss of assets, loss of income sources or means of livelihood, or the loss, denial or restriction of people's access to economic resources. If it does impact on any one of these, another site should be chosen. If it is not possible to locate another suitable site, OP 4.12 is triggered and those affected must be compensated, consistentwith this RPF. APPENDIX 4.2Main Contents of the Resettlement Action Plan 1) Descriptionof the project 2) Potentialimpacts 3) Objectives 4) Socio-economic studies 5) Legalframework 6) Institutionalframework 7) Eligibility 8) Valuation and compensationfor losses 9) Resettlement measures 10) Site selection, site preparation and relocation II) Housing infrastructureand social services 12) Environmental protection and management 13) Community participation 14) Integrationwith host population 15) Grievance procedures 16) Organizational responsibilities 17) Implementation schedule 18) Cost and budget 19) Monitoring and evaluation APPENDIX 4.3 Contents for Abbreviated Resettlement Action Plan 1) Census of project affected personsand valuation of assets. 2) Descriptionof compensationand other resettlementassistance to be provided. 3) Consultationswith displaced people about acceptable alternatives 4) Institutional responsibility for implementation and procedures for grievance redress. 5) Arrangementsfor monitoring and implementationand, 6) A timetable and budget APPENDIX 4.4 STEPS LEADING TO PREPARATION OF THE RESETTLEMENT ACTION PLAN - 7 \ STEP 6 STEP 9\ Step 10 OP4:121 Carry out ...... Land law socio- Prepar forwards (Resettlement economic RAPS/ r' RAPsIARAPs screening cannot be sur ARAPz to LGA'sfor criteria) avoided) cer screening1 approval I STEP 1 \ I STEP 2 \ 1STEP 3 Approval of communities identify Management required land MECl Board (SMB) (screening). MINTRAB ,, a STEP 5 Site determined suitable by School Board (meets screening criteria) LESMF d APPENDIX 5.1Entitlement Matrix for Various Categories of PAPS ENTITLEMENTS Category of Type of Loss PAP Compensationfor Compensationfor Loss of Compensationfor Loss of Loss of Structures land and other Assets lncomelLivelihood Land replacementat new site, Cash compensationfor cropsltreesat Costs at full Loss of Land plus land clearing by the cost in scarce season replacementvalue project Allow sufficient time to harvest crops block work, wire, and For lost incomefrom rented property: Loss of Structures Lump sum cash payment of agreed Residentialor number of months of rental per tenant. Business epreciated). Stores Waste water facilities PropertyOwners Connection to utilities (includingthose Access roads - - - covered by -Disturbance assistance, shiftingand customary law) relocation costs -Rehabilitation assistance, skills training and other development activitiesto be provided in coordinationwith other Socio-economic government agencies; if the present means and cultural identity of livelihood is no longer viable and if the PAPIDPwill have to engage in a new unfamiliar income generating activity loss1 -Arrange for assistance from host ----- communities Residential Disturbanceassistance. of rental No loss Of structure' Replacementcosts for non- Transportation assistance, if relocating ccommodation ntitlementto hous~ngmovables. t new site. Rental for a few months Replacementcosts for non- -Loss of Premises None movables if installationwas None agreed with owner. For loss of business, paymentof lost -Loss of business None None income at an agreed rate (say payment of six months of past year average turnover) Cash compensationfor Where possible assistance in -Cash compensation for treeslcrops at Loss of shelter, assetslimprovements securing other access to land replacementcost in scarce season. Encroachers assets and land for as identified by the for growing crops, subject to -Allow for sufficient time to harvest crops (using Land) cultivationwhere census on the affected approval of local -allow for sufficient time to relocate applicable land. Authorities/communities -For street vendors on right of ways allow possible access to other sitesllocations Squatters Lossof Shelter -Compensation at -Payments in lieu of wages (livingon full replacement while rebuilding Site) value for structure, -Disturbance assistance -relocation to -Transport assistance if relocating None resettlement site, with payment of site rent. -Compensation at full -Land replacementat new site, -For loss of business, paymentof lost replacementvalue for plus land clearing by the income structure, project -Provision of alternative temporary facilities Community Publicfacilities -relocation to -Waste facilities, connection to during construction, where appropriate. resettlement site, with utilities and provision of access payment of site rent. roads Note: All payments to be made in Mozambique Meticais. 56 APPENDIX 6.1Comparison of Mozambican Law and World Bank Op4.12 Regarding Compensation Categoryof PAPS IType MozambicanLaw World Bank OP4.12 of Lost Assets Cash compensation based upon market value under statute. Recommends land-for-landcompensation. Other Land Owners Land for Land under Customary Law compensationis at replacement cost. Entitledto compensationbased on the amount of rightsthey Are entitled to some form of compensation whatever Land Tenants hold upon land under relevant laws. Illegaltenants not entitledthelegal,illegal recognition of their occupancy. to compensation -In some cases land users have some form of secured tenure Entitledto compensation for crops, may be entitled to extendedto them under new laws. In other cases land users replacement land and income must be restored to at re not entitled to compensation for land. least pre-projectlevels. Land Users :Entitled to compensationfor crops and any other economic assets. -Land for Land under customary Owners of Cash compensation based on marketvalue or entitled to new Entitled to in-kind compensation or cash compensation Temporary housingon authorized land under government (state or local) at full replacement cost including labor and relocation Buildings housing programs. expenses, prior to displacement. Owners of Entitled to in-kind compensation or cash compensation Permanent Cash Compensation is based on market value. at full replacement cost including labor and relocation buildings expenses, prior to displacement. PerennialCropsCash compensation based upon rates calculated as an As per specificationsof this RPF, once approved by the average net agricultural income. Bank and disclosed at the Bank info shop, APPENDIX 7 . 1 . A n example of a Schedule for Labor Costs for activities on Replacement Land The following table presents an example of a compensation schedule for a one-hectare piece of land. The Mozambican labor rates in Meticais,will need to be validated at the time payments, are made. Labor in Mozambican Meticaislha Activity Month Paid (may be different deplendingon climi3te zones) (Daily Rate) x (Number of days) Land Clearing March Ploughing May Sowing May Weeding May Harvesting November Total APPENDIX 7.3 Example of a schedule for Calculation of Compensation for Buildings Structure MateriallDescription Unit Quantity Unit Cost Total (MT) Cost(MT) Raw or baked bricks IOpn --- House Straw Bu Tin roofing sheets No Kitchen Open, closed No Stables1shedslpens Cattle, goat, sheep, donkey, other No Coops Chicken, duck, other No --- Straw -Bundle -- Poles No Fence raw /baked bricks 1000 cement blocks No raw lbaked bricks 1000 Private bathing Straw Bundle - Latrine Lump Sum No. Open well Internally linedwith concrete rings and providedwith a hand Sum driven pump. Storage buildings Cementlsand block walls with thatched roof on z-profiled Sum metal sheets. - - Sun screen open Similar to those replaced, on thatched roof on wood poles. Sum hutslshades Note : Buildingsand structures will be replace by an equivalent structure or, on an exceptional basis cash andlor credit will be paid based on replacement costs : Replacement latrines will be similar to those currentlyoperational and financed by the bank or other donor agencies at health centers, schools. : Detailed schedules will be different, based on the specific Census surveys APPENDIX 7.4 Example for Calculating Compensation for Fruit Trees Local FruitTrees, e.g. Cashew, Coconut, Guava and Mangoes - - - EstirK d Avg. Fruit Yield (kg)of mature tree 800 to 1,300 kglyear nated Yield used Ten sacks (l,OOOkg)ltree/year Market Price: Meticaislkg Peak of harvest season (MarchlApril) Meticaislkg End of season (late May) Price used as basisof this estimate 80% height of season; 20% end of season Years to Production Six to seven Years to Maximum Production Twenty Costs of Sapling Meticais, locallyavailable Grafted Fruit Trees, e.g. Mangoes EstimatedAvg. Fruit Yield (kg) of Mature tree 1800to 1,300 kglyear EstimatedYield used -- Almost entire yield due to market value Market Price, (varies according to variety) Height of harvest season (JunelSeptember) Meticaislkg Price used as basis of this estimate Price per fruit or sac (100kg) as quoted by grower Years to Production Four to five - Years to Maximum Production Eight Costs of Sapling Meticais, not locally available. Proposed schedulefor fruit (e.g. Coconut, Cashew, Guava or Mango) trees cut down Average age of tree Estimate In kind replacement for local CreditslFinancial support age (yrs) guava and mangoes Sampling 0-1 Deliver to farmer: Meticais Trees plantedafter projectcut-off date in I-Choice of two guava or mangotress area will not be eligible for compensation - (localandlor improvedgrafted) -Supplies: fencing to protect,tree, a bucketfor watering and a spade Sampling/youngtree 1-6 Deliverto farmer Equivalentof x no. First minor production -Choice of two guava or mango Metcais in credits or other financial support for labor invested 12-50fruits occurs trees. in planting, fencing, and watering, made in one payment. about age4-5 -(local andlor improvedgrafted) -Supplies: fencing to protectTree, a bucket for watering, and a Spade GuavalMango Trees 6-30 Deliverto farmer: Equivalentof X no. Fruit Producing -Choice of two guava or mangotrees Meticaisin credits or other financial supportfor labor invested -(local andlor improved grafted) in planting, fencing, and watering, made in one payment. -Supplies:fencingto protectTree, a Equivalentof X no. bucketfor watering, and a Spade Meticaisin credits or other financial support, representing eight years, (8 years x 10 sacks x X Meticaislsack)lost incornelsubsistence until replacementtrees begin production. This rateto be agreed byfarmers. Total: Equivalentof X no. Meticais in cash or equivalent financialsupportto be paid in one installment. Mature ~ k e s- Low or 30+ Same as for maturetrees above Sameasabove No compensation will be paid for minor pruning of trees. Compensation for removal of limbs will be prorated on the basis of the number of square metresof surface area removed. The total surface area of the tree will be calculated usingthe following formula: (112 diameter of canopy)' x 3.14. APPENDIX 9.1Contents of a Comprehensive Compensation Budget I Costs (in # Item Assumptions ' Meticais)" Compensationfor loss of lhectare For land acquisition purposes, based on cost realized in projects involvingsimilar issues Land in Mozambique. Compensation for loss of /hectare of Includescosts of labor invested and cost of crop based on average of highest price of Crops farm lost staple food crops as per methods described in Appendix 7.2 above Compensation for loss of Those affected would be providedwith shared access, or alternate routes (decision 3 N/a access to pastoralists agreed through consultation and participationof all) Compensation for loss of Data providedfrom revised socio-economicstudy will determine marketvalues of catch 4 access to fishing Say, for fish' /fishmonger resources. Compensation for This compensationwould be in-kind. The new buildingswould be built and then given to 5 Buildings those affected. Cost based on basic housing needs for a family of ten, including house and Structures with four bedrooms, ventilated pit latrines, outside kitchen and storage. - 6 for Trees /yearltree Based on methods described in Appendix 7.4 above. Cost of Relocation /household This cost is to facilitate transportation, etc. Assistance Expenses Cost of Restorationof Say Assumed to be higher than the GDPIcapita. Individual Income Cost of Restorationof Say Through employment in ProgramActivities. Household Income Cost of Training Farmers, This is a mitigation measure,which seeks to involvethose affected by the project pastoralistsand other activities. lo PAPS I I I I * These costs are to be confirmed during the socio-economic study and revised at the time the payments are made APPENDIX 11.1 An Example of Land Acquisition and Resettlement Implementation Plan .. Item 'STAGE OF KEYACTIVITY 'Time ~esponsible Monitoring No WORK Personllnstitution Institution - 1.0 ProjectPlanning Setting up an effectiveadministrativereporting COREP MINEDIINEFPILGA system PlREP Project concept/objectivesstudied and School Mgt Board COREP understood by key stakeholders Resettlement Policy Frameworkdiscussed with COREP MINEDIINEFP ~takeholders Projectauthoritiesand stakeholders alerted on school Mgt Board COREP the necessityfor land acquisitionand resettlement. pp Formationof National Districtand Village School Mgt Board implementation Committees Community involvement, sensitization and School Mgt Board DistrictAdmin -- participationinitiated 2.0 Land acquisition Community involvement, sensitizationand DistrictNillage Govt. COREP -- Screening of project sites indicatingareas of LGA'sNillage Govt. COREP possible resettlement Prepare maps for the affected areas District adminlcadastre COREP Obtain land authorization School Mgt. Board COREP Demarcate authorized area to be affected Village Govt.lCadastre DistrictAdmin Set cut-off date DistrictAdmin COREP 3.0 Socio-economic Community involvement, sensitizationand DistricWillage Govt. Survey participation Identifyaffected persons, party or homestead District adminNillage Govt. School Mgt. Board and register their names in detail Estimate the magnitude of the impacts relative District adminNillage Govt. School Mgt. Board to the need for resettlementandlor compensation Compile land the-register District adminNillage Govt. School Mgt. Board Carry out valuation of assets to be compensated School Mgt. Board - District adminNillage Govt. Create a database for comparative analysis at School Mgt. Board COREP all levels of Government Report any grievancesthat require resolution DistrictAdmin School Mgt. Board 4 Resettlement Community involvement, sensitization and DistricWillage Govt. COREP /compensation participation Create fora for identifyingsocial investment Proponent, District School Mgt. Board opportunities Administration -- Identify social investment opportunitiesas part Proponent, District School Mgt. Board of the projects activities adminNillage Govt. Provide information about the valuation and LGA School Mgt. Board negotiationprocess Prepare RAPS School Mgt. Board COREP Authorizationof project and RAPSby GoM COREP MINEDIINEFP Up-date database for comparative analysis at all School Mgt. Board COREP levels of Government Formulate compensationoffers and obtain DistrictAdmin COREP signed agreementswith those affected - Providealternative land (if applicable) inclusive COREP MlNEDllNEFP of ancillary support services such as transport, housing, crop starter packs and food support Up-date database for comparative analysis at all COREP MINEDIINEFP levels of Government pp 5 After Draw up a programme for after resettlement PAPS,Village Government, COREP Resettlement activities SMB, District Administration Activities Provide ResettlementAfter-care Assistance School Management Board COREP Up-date database for comparative analysis at all School Mgt. Board COREP levels of Government pp Carry out monitoringactivities - APPENDIX 11.2: Example of Land Acquisition and Resettlement Process Monitoring Plan - Item ISSUESIACTIVITIES TO BE MONITORED INDICATORS No 1 General successlacceptabilityof the Outstanding (unsigned) individual compensationslresettlementcontractsas a compensationlresettlementprocess percentageof total compensationlresettlement contracts Ratio of PAPs remaining supportive of the project against those not supportive Level of public consultation measured as ratio of those that acknowledge to have been consulted vs. those that were not consulted. This ratio can be determined by random sampling. The ratio should be greater than 1.5 Actual time of completing resettlement compared to planned time 2 Project acceptance (or not) by the community Number of complaints as a percentageof total PAPS Numberof grievances successfully resolvedas a percentage of total number of grievances 3 Acceptance (or not), of PAPSby host Number of conflicts between PAPSand host community community - 4 Restoration of Mashambastemporarily Area of land restored to cultivation as a percentageof total area of land disrupted by construction disrupted 5 Replacementof Mashambalgrazing land Area of new land opened up for cultivationlgrazingas a percentage of total permanently displaced by access roads and original land area cultivatedlgrazed buildingconstruction 6 Quality of life compared with that before Number of larger houses of better quality provided as a percentage of total compensationlresettlement number of houses in the original settlement Numberof individualsand families able to re-establish their pre-displacement activities, land and crops or other alternative incomes, as a percentageof total PAPs Numberof impacted localsemployed by the School Management Board's civil works' contractors Pre-project income of vulnerable affected individualslgroupsversus their present income Number of people participatingin projectactivities compared to total PAPs Number of students in school as a percentage of total personseligible for - school Trends in environmentaldiseases such as malaria, diarrhea, coughs etc Trends in respiratorydiseases Trend in HIVIAIDS statistics in comparison with pre-settlement statistics Mortality rates after resettlement compared with pre-settlement rates Number of PAPSwith access to potable water compared with total PAPS - - - - - - 7 Productivity Pre- project productionversus present production (crop for crop, land for land). Post project production per affected householdlhomesteadcomparedwith pre-project income. Wildlife conservation and eco-tourism activity on acquired land as per plan, Note: These are only some of the indicatorsthat could be used. Specific indicatorswill needto be developed taking into account site specific conditions APPENDIX 12 List of Persons and Institutions Consulted Jorgen Friis Assessor Chefe CP 4588, Danida Policy July 13 2005 Maputo, on Resettlement Gabriel Machado PlREP Executive Prep Executive Project Details July 13 2005 Secretary Secretariat, - - Maputo Noel Kulemeka The World Bank Maputo Office Project Details July 13 2005 Quiteria H. National Director Avenue 24 de DlNET Schools July 14 2005 Mabote Julho Jeronimo P. Directorgeneral Ministry of INEFP Schools July 14 2005 Mohaque Labour I Arqueteto Abdul Director of Lands and Matola Resettlement July 15 2005 Ricotsu Urbanization Planning and compensation process Eng. Costa Vereaccao do Municipio de Public Projects- 15 July2005 Ambiente e Maputo-Sede Resettlement Urbanizacao and Compensation Director Samuel Director lnstituto Status of the 19July 2005 Banze Industrial de Institution Maputo Arquitecto Direccao Nacional de Av. 24 de Julho Housing and 19 July 2005 Mazibe Habitacao e (MINTRAB) Urbanization Harbanismo Projects Maria de Lurdes Posto da Matola Rio Matola Rio Local 19 July 2005 Government Administration Eliseu Canuma Superintendente de MOZAL Resettlement 20 July 2005 Relacoes lndustriais Aluminium experience and Smelter procedures Henry DirectorGerente Zona Mozal Land 20 July 2005 Wamukoya Consultoriae Projectos Matola Rio Acquisition and Resettlement - Guilhermina Director lnstituto Agrario Status of the 20 July 2005 Senete . de Boane Institution Marten Treffers Consultant/Physical Group 5, Maputo Mozambican 25 July 2005 Planner resettlement procedures Dr. Carlos Freire Director Africa Training Status of the 26 July 2005 ' Technology Institution Rosaline Naife Environmental Environmental 27 July 2005 Affairs Laws 1 Loite Simione (MICOA) Environmental 27 July 2005 Environmental Laws Affairs Samson Cuamba National Coordinator of Environmental Environmental 27 July 2005 Obsolete Pesticides Affairs Laws MauricioSulila Director Livaningo Resettlement 27 July 2005 Environmental and Advocacy NGO compensation Jose Manjate Deputy Director Commercial Status of the 28 July 2005 Instituteof Institution Maputo Dr. A.0, lbrahimo Licenciado em Gestao Commercial Status of the 28 July 2005 Instituteof Institution Maputo EleasaraAntunes SocialAnthropologist Roads Resettlement 28 July 2005 Department on Roads projects EmiliaTembe Environmentalist Roads Resettlement 28 July 2005 Department on Roads projects