SFG2031 REPÚBLICA DE MOÇAMBIQUE MINISTÉRIO DA TERRA, AMBIENTE E DESENVOLVIMENTO RURAL (MITADER) Agriculture and Natural Resource Landscape Management Project (PROJECT -- P149620) RESETTLEMENT POLICY FRAMEWORK Final Draft Report Maputo, April 2016 0 LIST OF ACRONYMS ANE National Roads Administration ANRLMP Agriculture and Natural Resources Landscape Management Project CBNRM Community-Based Natural Resource Management CESMP Contractor’s Environmental and Social Management Plan DA District Administration DCC District Consultative Council DLA Department of Environmental Licensing DNA National Directorate of Environment DNA National Directorate for Water DNE National Directorate for Energy DNOTR National Directorate of Land Planning and Resettlement DPASA Provincial Directorate of Agriculture and Food Security DPOPHRH Provincial Directorate of Public Works, Housing and Water Resources EA Environmental Assessment EDM Electricidade de Moçambique/Electricity Company EIA Environmental Impact Assessment EMP Environmental Management Plan ESIA Environmental and Social Impact Assessment ESMF Environmental and Social Management Framework ESMP Environmental and Social Management Plan FAO Food and Agriculture Organization GDP Gross Domestic Product GOM Government of Mozambique IDA International Development Association IDCF Innovation and Demonstration Catalytic Fund MEF Ministry of Economics and Finance MDP Municipal Development Project MICOA Ministry for the Coordination of Environmental Affairs MASA Ministry of Agriculture and Food Security MISAU Ministry of Health MITADER Ministry of Land, Environment and Rural Development MOPHRH Ministry of Public Works, Housing and Water Resources MSME Micro Small and Medium Enterprises MZM Mozambique Metical (national currency) NCSD National Commission for Sustainable Development NEMP National Environmental Management Program NGO Non-Governmental Organization PARPA Action Plan for the Reduction of Absolute Poverty PEDSA Strategic Plan for Agricultural Development PCU Project Coordination Unit PDD District Development Plans (Plano Distrital de Desenvolvimento) PDPF Provincial Directorate of Planning and Finance PDUT District Land Use Plan PEPA Environmental Quality Standards of Mozambique Projects PLPP Provincial level project personnel (with monitoring responsibilities) PNI National Irrigation Program PNISA National Agriculture Investment Plan PP Urban Detailed Plan/Plano de Pormenor PPP Public Private Partnership PPU Provincial Project Unit PPU Partial Urban Plan/Plano Parcial de Urbanização i PRS Poverty Reduction Strategy RAP Resettlement Action Plan RPF Resettlement Policy Framework SDAE District Services of Economic Activities SDMAS District Services of Women, Social Affairs and Health SDPI District Services of Planning and Infrastructure TOR Terms of Reference UCA Coordination and Support Unit UNDP United Nations Development Program USD United States of America Dollar WB World Bank WHO World Health Organization ZVDA Zambezi Valley Development Agency ii TABLE OF CONTENTS 0 LIST OF ACRONYMS I TABLE OF CONTENTS III TERMS AND DEFINITIONS VI EXECUTIVE SUMMARY IX SUM�RIO EXECUTIVO XVIII 1 INTRODUCTION 1 2 PROJECT DESCRIPTION 4 2.1 Project Development Objectives and Principles 4 2.2 Project Components 4 2.3 Anticipated sub-Project types under the Project 8 2.4 Sub-project activities ineligible for funding 8 3 PROJECT IMPLEMENTATION ARRANGEMENTS 9 3.1 Interventions with Potential for Land Acquisition 9 3.2 Environmental and Social Safeguard Instruments and Implementation 13 4 DEVELOPMENT CONTEXT IN MOZAMBIQUE AND THE PROJECT AREA 15 4.1 General Country Development Context and Project Relevance 15 4.1.1 General Context 15 4.1.2 The Agriculture Sector 16 4.1.3 The Need for Land Acquisition 18 5 ANRLMP TARGETED AREAS 19 5.1 Project Location 19 5.2 Socio-economic Situation 20 5.2.1 Other Development Programs/Projects in the Project Area 23 5.2.2 Land Use Plans 25 6 POTENTIAL IMPACTS OF THE PROJECT 26 iii 7 PRINCIPLES AND OBJECTIVES UNDERPINNING THIS RESETTLEMENT POLICY FRAMEWORK 33 8 THE SOCIAL SCREENING PROCESS 37 9 PREPARATION REVIEW AND APPROVAL OF RESETTLEMENT ACTION PLANS (RAP) 40 9.1 General Considerations 44 9.2 Public Consultation and Participation 44 9.3 Approval and Public Disclosure of the site specific RAPs 45 10 LEGAL FRAMEWORK 46 10.1 Relevant Mozambican Laws and Regulations 46 10.2 World Bank Policy Requirements 54 10.3 Gaps Between Local Laws and WB’s Policy 56 11 METHOD FOR VALUATION AND COMPENSATION FOR LOSSES 62 12 ELIGIBILITY CRITERIA AND PRACTICAL ASPECTS OF RAP PREPARATION AND IMPLEMENTATION 65 13 INSTITUTIONAL FRAMEWORK 79 14 INSTITUTIONAL STRENGTHENING AND CAPACITY BUILDING 82 14.1 Institutional Capacity Assessment and Analysis 82 14.2 Proposed Training and Awareness Programs 83 15 COMMUNITY PARTICIPATION AND STAKEHOLDER INVOLVEMENT IN PLANNING, IMPLEMENTATION, AND MONITORING 85 16 GRIEVANCE REDRESS MECHANISM/PROCEDURES 88 17 MONITORING AND EVALUATION ARRANGEMENTS 92 18 ARRANGEMENTS FOR RESETTLEMENT FUNDING AND ESTIMATED RPF BUDGET 100 REFERENCES 102 iv List of Figures Figure 1: A typical vegetable garden in the project area in the margins of a River (Lurio River in Lalaue) ................................................................................................... 10 Figure 2: A typical rural road and bridge in the project area (Ribaue district) .............. 11 Figure 3: Cotton selling point along a feeder road in the project area (Lalaua district). 11 Figure 4: The two provinces and districts defining the project area ............................. 19 Figure 5: The Project districts in Nampula province .................................................... 20 Figure 6: The Project districts in Zambezia province ................................................... 20 Figure 7: Areas of operation of Lurio Green Resources .............................................. 24 Figure 8: Preliminary demarcation of PROSAVANA (March 2010).............................. 25 Figure 9: The ESIA and RAP processes in Mozambique for the project ...................... 41 Figure 10: Grievance Redress Process ...................................................................... 90 List of Tables Table 1: Sectoral responsibilities in project management and subproject development ............................................................................................................................ 13 Table 2: Distribution of population in the project area (INE, 2007) .............................. 21 Table 3: Project interventions, potential resettlement implications and expected magnitude ........................................................................................................... 27 Table 4: Roles and responsibilities in implementing ESMF/RPF and preparing ESIA/ESMP/RAP ................................................................................................ 43 Table 5: Summary of national applicable laws and regulations under resettlement ..... 47 Table 6: Comparison of Mozambican Law World Bank OP4.12 regarding compensation ............................................................................................................................ 59 Table 7: Entitlement Matrix (Summary) ....................................................................... 70 Table 8: Institutional roles and responsibilities ............................................................ 80 Table 9: Monitoring and evaluation of resettlement performance indicators ................ 95 Table 10: Estimated budget and items ...................................................................... 100 List of Annexes Annex 1: Current status of preparation of PDUT (district land use plans) in the two provinces ..............................................................................................................B Annex 2: Project Screening Form .................................................................................A Annex 3: Preliminary Environmental Information Sheet ............................................... C Annex 4. Guidelines for Site Specific RAPs ................................................................. F Annex 5. Outline of a Resettlement Action Plan (RAP) ................................................. J Annex 6: Template of the Household Questionnaire ..................................................... L Annex 7: Summary of Main Issues from the Public Participation/Consultation Process X Annex 8: Procedures for Chance Find of Physical Cultural Resources ...................... SS Annex 9: List of Contacts ............................................................................................TT v TERMS AND DEFINITIONS Census means any field survey carried out to identify and determine the number of Project Affected Persons (PAP) and their assets; in accordance with the procedures, satisfactory to the National legislation and WBG’s 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 communities and the Local Leaders. Compensation is the payment in cash, and jobs, houses, in kind, land and conservation measures, or other assets given in exchange for the taking of land including fixed assets thereon, in part or whole depending on the context, the nature of the right or use or occupancy, the type of losses and the purpose of the resettlement or economic displacement. 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. The date has to be announced widely as the cut-off date and enough time has to be given to the PAPs for the subsequent actions to be valid. Environmental and Social Management Framework (ESMF) is a safeguard instrument that establishes procedures and guidelines for the mitigation, adaptation, monitoring and governance measures to be considered and implemented during the design and operation of the Program as well as to provide orientation to the development of ESMPs. For the ANRLMP, the ESMF has been prepared as a separate and stand- alone document to be used in conjunction with this RFP. Grievance Redress Mechanisms means all processes and tools that serve to channel conflict into an institutionalized mechanism for peaceful resolution. They facilitate communication between affected people and management (project, government, etc.) regarding problems that arise, and enable those affected to complain with dignity, knowing that there is a system of appeals leading to an impartial decision maker. Involuntary displacement means the involuntary taking of land resulting in direct or indirect economic and social impacts caused by:  Loss of benefits from use of such land;  Relocation or loss of shelter;  Loss of assets or access to assets; or  Loss of income sources or means of livelihood, whether or not the project affected person has moved to another location. Involuntary Land Acquisition is the taking of land by government or other government agencies, 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 uncontested customary rights. Land refers to agricultural and/or non-agricultural land and any structures thereon whether temporary or permanent and which may be required for the Project. vi Land acquisition means the taking of or alienation of land, buildings or other assets thereon for purposes of the Project. Project Affected Persons (PAPs) relates to those 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. PAPs can include informal land occupants/users who lack formal and/or customary rights. These people may have their:  Standard of living adversely affected, whether or not the Project Affected Person must move to another location;  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;  Access to productive assets adversely affected, temporarily or permanently; or  Business, occupation, work or place of residence or habitat adversely affected. Rehabilitation Assistance means the provision of 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 maintain them at pre-project levels. Replacement Cost means replacement of assets with an amount sufficient to cover full replacement cost of lost assets and related transaction costs. The cost is to be based on Market rate (commercial rate) according to the Mozambican legislation for sale of property. In terms of land, this may be categorized as follows; Replacement cost for agricultural land means the pre-project or 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:  Preparing the land to levels similar to those of the affected land; and  Any registration, transfer taxes and other associated fees; Replacement cost for houses and other structures means the prevailing cost of replacing affected structures of the quality equal to or better than that of the affected structures, in an area. Such costs shall include:  Purchase of building materials  Transporting building materials to the construction site;  Any labor and contractors’ fees; and  Any registration costs. Resettlement Assistance means the measures to ensure that project affected persons who may require to be physically relocated are provided with assistance such as moving allowances, residential housing or rentals whichever is feasible and as required, for ease of resettlement during relocation, vii Resettlement Policy Framework (RPF) means this safeguards instrument, which has been prepared to guide on preparation of Resettlement Action Plans (RAP) throughout the ANRLMP 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 ANRLMP will be prepared consistent with the provisions of this RPF. Resettlement Action Plan (RAP) is a resettlement instrument (document) to be prepared when project activity locations, affected PAPs/assets are identified. In such cases, land acquisition leads to physical displacement of persons, and/or loss of shelter, and/or loss of livelihoods and/or loss, denial or restriction of access to economic resources. The party impacting on the people and their livelihoods prepares RAPs. RAPs contain specific and legally binding requirements to be abided by ANRLMP to resettle and compensate the affected party before implementation of the project activities causing adverse impacts. Voluntary Land Contribution refers to a process by which an individual or communal owner agrees to provide land or property for project-related activities. It must be obtained without undue coercion or duress from people with full knowledge of other options available and their consequences, the right not to contribute or transfer the land. Voluntary Land Contribution may be of two types:  Voluntary Land Contribution for Compensation, or  Voluntary Land Contribution without Compensation Vulnerable Groups refers to:  Low capacity households – especially those below the poverty line, the landless, the elderly, widows, ethnic minorities, low income households and informal sector operators;  Incapacitated households – those with no one fit to work and;  Child-headed households and street children. This group is among other things, characterized by low nutrition levels, low or no education, lack of employment or revenues, old age, ethnic minority and/or gender bias. viii EXECUTIVE SUMMARY Introduction The RPF outlines a number of principles to be adhered to in the course of the implementation of the Agriculture and Natural Resource Landscape Management Project, (ANRLMP), through which the World Bank (WB) will support the Government of Mozambique (GOM) strategy for inclusive and broad-based growth. The project will be implemented in Nampula and Zambézia provinces in the districts of Malema, Ribáue, Lalaua, Rapale, and Mecubúri (Nampula) and Mocuba, Ile, Gilé, Alto Molócue, and Gurué (Zambezia). Overview of the Project Area (Nampula and Zambezia Provinces) Project Components The project will have four main components and a number of subcomponents structured and with the preliminary allocation of funds as shown below: Component 1: Agriculture and Forest-Based Value Chain Development (US$57.0M IDA) The objective of the component is to contribute to: increase smallholder and small emerging commercial farmers’ participation in key agriculture and forest-based value chains; and enhancing their overall competitiveness, sustainability and resilience. This would be achieved through: (a) identifying and supporting a replicable/scalable small emerging commercial farmer’s network for increase rural household’s participation in value chain development (VCD) while promoting the adoption of climate-smart practices; (b) expanding value chain actors’ access to finance and financial services including ix weather based insurance; and (c) addressing key infrastructure constraints. This component would finance consultants, goods, civil works and operational costs, including investments via matching grants and partial credit guarantee to support agriculture and forest-based value chains. The investments will expand access to inputs (especially seeds/seedlings and fertilizers), extension services, markets, and agribusiness finance. In order to meet the above objectives, the component will support the following activities which will be launched in year 1 of Project implementation:  Capacity Building of Small Emerging Commercial Farmers and SME Agribusiness (US$9.0M IDA).  Agribusiness finance to value chain actors (US$20M IDA). SECFs, Agribusiness, Weather based insurance.  Improving rural infrastructure (US$28.0M IDA) Component 2: Securing Land Tenure Rights and Increasing Natural Resources Resilience (US$18M IDA) The objectives of the component are to: (a) promote integrated landscape management in the targeted landscape; (b) secure land tenure rights of 450 rural communities and 55,000 individuals; and (c) protect, enhance and restore 3,000 hectares of critical natural habitats in the landscape. This would be achieved by: (a) strengthening Provincial and District capacity to pursue integrated landscape management, including multi-stakeholder platforms, spatial planning and joint planning and monitoring tools; (b) supporting community land delimitation and individual land tenure titling; (c) streamlining land delimitation and titling processes at the Provincial and District levels and strengthening the capacity of Provincial and District offices to issue CDCs and DUATs; and (d) protecting and restoring natural habitats critical for the value chains in the landscape. This component would finance consultants (service providers), goods and operational costs related to delimiting communities and carrying out land titling work, providing needed inputs, equipment and training for landscape restoration, operational costs, and priority civil works in the targeted landscape. The components would support the following activities:  Supporting land tenure regularization (US$7 M IDA) The objective of this activity is to contribute to: (a) strengthen land tenure security of rural communities and individuals; and (b) increase their ability to negotiate with investors requiring land and participate in value chains. This would be achieved though: (a) supporting community delimitation and individual land tenure titling (DUATs); and (b) strengthening Natural Resources Management Committees (CGRNs) and other community-based organizations (CBOs). Community land delimitation will be carried out systematically and reach over 50 per cent of communities in the Project area (about 270 of an estimated total of 450 communities). The development of community- level land use plans (micro-zoning) and strengthening of CGRNs and other CBOs will be promoted during the delimitation process. Additionally, the Project is expected to support the issuance of about 150,000 DUATs, contributing to the 5 million target established under Terra Segura for the period of 2015-2019. This activity will finance: priority civil works, consultants, goods and operational costs; development of harmonized and simplified methodology for land delimitation, service provider to support the delimitation and capacity building of about 270 local communities, complete with community-level land use plans, and the issuance of 150,000 individual DUATs and; and the piloting of Fit-for-Purpose methodology aimed at identifying and titling sub-community DUATs at select areas within the targeted landscape This activity will be implemented mainly by a service provider hired to conduct the systematic community land delimitation and gather the needed data for issuing DUATs. The service x provider will be supervised by DPTADER and the Provincial Implementation Units, and work in coordination with the District Cadaster and Land Registration Services and the Provincial Services of Geography and Cadaster in Nampula and Zambezia.  Strengthening land administration services (US$3 M IDA) The objective of this activity is to contribute to: (a) improving the competencies of SPGCs and District officers, and of DINAT staff assigned to the Project activities; and (b) strengthening the capacity in land administration services. This will be achieved through: (a) training relevant staff; (b) addressing equipment needs in the Project area; and (c) ensuring the application of Mozambique’s land information and management system in the Project area, as well as supporting the implementation of two continuously operating reference stations (CORS). Trainings provided will ensure that staff at District and Provincial level in the targeted landscape performs effectively actions needed for the swift implementation of the land tenure regularization support activity. The implementation of the two CORS will ensure the efficiency of service providers' work in land tenure regularization. This activity will finance: priority civil works, consultants, goods and operational costs; ICT and other equipment needed for the effective functioning of SIGIT and DINAT; recorded trainings of relevant staff; and purchase of geospatial data related to the target area to support land regularization activities. The trainings will be implemented by a service provider, under the supervision of Provincial Implementation Units and the Project Coordination Unit.  Strengthen Provincial and District capacity on integrated landscape management (US$ 3M IDA) The objective of this activity is to enhance local capacity of public and private sector stakeholders (Provincial and District government, private sector entities working on land use and civil society organizations) to utilize tools related to integrated landscape management. This will be achieved through: (a) strengthening Multi-Stakeholder Landscape Forums at the Provincial level; (b) promoting spatial tools that can inform land use planning and addressing Government equipment needs for integrated landscape management; and (c) providing trainings to relevant Government staff at Provincial and District levels . Provincial and District authorities will also be supported to develop and implement relevant land uses plans and maintain a Landscape GIS database that will inform Project implementation. This activity will finance: operational costs of the Multi-Stakeholder Landscape Forums, including communication material preparation, workshops, annual meetings; staff training and capacity building of DPTADER, as well as equipment needed for its effectiveness; and recruitment, training and basic equipment for District-level Landscape Facilitators. The Provincial Coordination Units (PIUs) in Nampula and Zambezia would be responsible for ensuring the Forums are operational, implementing the capacity building activities and liaising with the targeted Districts. The spatial and analytical tools would be designed by a service provider, in partnership with the local academia.  Protect and restore natural habitats critical for the value chains in the landscape (US$5M IDA) The objective of this activity is to contribute to protecting the natural resources (soil, water and forests) and restoring degraded lands that are critical for the value chains promoted xi by the Project. This will be achieved through: (a) involving local communities in the sustainable management of natural resources; (b) promoting assisted natural regeneration and active enrichment planting with natural and exotic species and natural species planting for domestic and commercial uses in priority areas within the landscape; (c) addressing small equipment needs and providing training to Provincial law enforcement officials responsible for ensuring compliance with environmental regulations; and (d) promoting awareness raising focusing on the importance of critical natural habitats, national environmental legislation, fire management and other natural resources management best practices. This activity will finance: restoration of 3,000 hectares of degraded land in critical areas for the value chains; identification of efficient and cost-effective technologies to restore degraded land with the potential for scaling up; trainings to Provincial law enforcement officials responsible for ensuring compliance with environmental regulations awareness campaigns on the importance of critical natural habitats, This activity will be implemented mainly by a service provider, which will be hired to support the protection and conservation activities, working in close coordination with the DPTADER and District authorities. Component 3: Project Coordination and Management (US$6M IDA) This component includes activities related to project coordination and management, fiduciary management, safeguards management, M&E, and communications. A Project Coordinating Unit (Unidade de Gestão de Fundos Internacionais, UGFI) has been established at MITADER, with significant capacity at the national level. Provincial Implementation Units (PIU) of 4 technical staff have been hired to oversee the implementation of the operation in each Province. A team of decentralized Landscape Facilitators at the provincial and district levels will be deployed at the start of the project. Further details of the role and functions of the UGFI and PIU members are in Section V and Annex 3. Component 4: Contingency Emergency Response (US$ 0M) This component will provide immediate response in the event of an eligible crisis or emergency. By including a "zero-dollar" Contingency Emergency Response Component (CERC) the project can finance emergency works in case of a disaster event. Following an adverse event that causes a major disaster, the GoM may request the Bank to channel resources from this component into an Immediate Response Mechanism (IRM). The IRM would enable the use of a portion of uncommitted funds from the overall IDA portfolio to respond to emergencies. Specific details around this component (including activation criteria, eligible expenditures, and specific implementation arrangements, as well as required staffing for the Coordinating Authority) will be defined in greater detail an IRM Operations Manual, which would go through a consultation and clearance process by project effectiveness. Physical interventions, which will be mainly associated with Component 1, will be in the form of: (i) feeder road upgrade and maintenance; (ii) rural bridges (iii) small irrigation schemes; (iv) storage facilities; and (v) other types of priority infrastructure. Project Formulation and Implementation Arrangements ANRLMP is the first phase of WBG support to the national Government-led Program to promote integrated sustainable rural development (Programa Estrela). As such, it is part of a longer term Program geared towards the establishment of a model for promoting integrated rural development, which would be scaled up through different sources of xii financing, including a planned phase two and potential additional WBG financing in the future. The project incorporates impact evaluation as its integral element, which will be linked to the drawing of lessons learned and respective dissemination and adoption in selected contexts. Project preparation and launching already incorporate the importance of knowledge and informed decision making. Focus is in areas such as (i) Agriculture value chains analysis; (ii) Forest value chain analysis; (iii) Land Administration and Community- Based Land and Natural Resources Management, which are being further investigated in order to establish readiness for project implementation. Arrangements have also been made for the preparation of the Project’s safeguards instruments, namely (i) Environmental and Social Management Framework (ESMF), (ii) Integrated Pest Management Plan (IPMP) and (iii) Resettlement Policy Framework (RPF). The RPF (this document) is justified by the fact that two of the project components, i.e. 1 and 2 will have interventions that are assessed to be associated with resettlement implications at the same time that at this stage the footprint of such interventions is not yet known. The interventions are: (i) construction and operation of small and medium size dams/weirs/water retention infrastructures for agricultural irrigation; (ii) alignment and realignment as well as improvement of rural feeder roads including construction and rehabilitation of small bridges/culverts; (iii) construction and rehabilitation of storage facilities and other types of priority infrastructure; and (iv) land delimitation and individual land tenure titling. The preparation of the RPF and of other safeguards instruments will be followed by the hiring of dedicated Environmental & Social Safeguards Specialists who will provide day- to-day support to the Project, including overseeing the screening, monitoring and reporting of the safeguards aspects of the project specific interventions. The Project’s appraisal mission will not take place before the safeguards instruments are disclosed both in country and in the WB Infoshop. Development Context The Project happens at a time when the Mozambican economy is recording accelerated growth rates, which are supported by high levels of assistance from Development Partners. The growth rates result from the efforts in the field of macroeconomic policy management and strengthening the enabling environment for promotion of domestic and foreign private investment. Economic growth has been driven by (i) foreign direct investment in mega projects and operating large-scale high-value agricultural products such as cotton, sugar and tobacco, (ii) the favorable agricultural growth, and (iii) infrastructure rehabilitation projects, including roads. However, despite the remarkable growth, the country continues to be among the poorest in the world. The country is in the 180th position among 188 countries in terms of human development index. A number of institutional and other constraints continue to hamper the delivery of basic social services. The country’s economy is characterized by a very small number of mega projects on the one hand, and the family and informal sector, on the other, which encourages imbalances in development and affects diversification of production and access to the benefits of the development by a significant proportion of the population. Investments in infrastructure such as roads, water supply and sanitation, energy, telecommunications, xiii etc. should continue to play a role in this process of stabilization and gradual elimination of imbalances. Strengthening micro, small and medium size enterprises (MSMEs) is seen as key to changing the prevalent situation. The two regions that define the project area are rich and diverse in terms of the receiving physical, biological and socioeconomic environment. Interventions need to be adequately planned, implemented, monitored and evaluated to ensure that such environment is not adversely affected. World Bank and GOM Safeguards Policies The objective of the RPF, which should be used in combination with the Project’s ESMF is to ensure that relevant World Bank Safeguards Policies and GOM environmental and social policies are strictly adhered to. The Project has triggered six (6), of the World Bank’s 10+2 Safeguards Policies, namely, Environmental Assessment (OP/BP 4.01), Pest Management (OP 4.09), Involuntary Resettlement (OP/BP 4.12), Natural Habitats (OP/BP 4.04) Safety of Dams (OP/BP 4.37) and Forests (OP/BP 4.36) as well as adhered to the World Bank Group General Environmental, Health and Safety Guidelines (EHS), Tourism and Hospitality Development EHS Guidelines and the applicable Agribusiness/Food Production EHS Guidelines from April 2007. The ESMF has made provision to address potential concerns afferent to OP/BP 4.04 (Natural Habitats), OP/BP 4.37 (Safety of Dams) and OP/PB 4.36 (Forests). The Resettlement Policy Framework (RPF) will ensure that OP/BP 4.12 principles are embedded in project design and implementation. These can be summarized as follows: (i) involuntary resettlement should be avoided where feasible, or minimized, exploring all viable alternative project designs; (ii) resettlement activities should be conceived and executed as sustainable development programs, providing sufficient investment resources to enable the persons displaced by the project to share in project benefits. Displaced persons should be meaningfully consulted and should have opportunities to participate in planning and implementing resettlement programs; and (iii) displaced persons should be assisted in their efforts to improve their livelihoods and standards of living or at least to restore them, in real terms, to pre-displacement levels or to levels prevailing prior to the beginning of project implementation; whichever is higher. The WB also adopts a broader definition to the phenomenon of resettlement action under which it may include (i) loss of land or physical structures on the land, including business, (ii) the physical movement, and (iii) the economic rehabilitation of project affected persons (APs) in order to improve (or at least restore) the levels of income or life prevailing before the action causing the resettlement has taken place�. Under WB and GOM environmental classification criteria, the project has been classified as Category B. As explained in Chapter 6 and other sections of this report, there is enough evidence to the effect that the interventions associated with the potential for land acquisitions will not have highly significant resettlement implications. Preliminary assessment indicates that where resettlement will be unavoidable abbreviated resettlement action plans will suffice to deal with subsequent implications. The RPF is meant to be a guide to the screening of the proposed Project interventions to ensure that they do not negatively affect people and their assets in the project areas. The RPF is particularly relevant in a situation where there is still an unclear definition of the project interventions, as is the case with the project at this stage. The document outlines a number of principles, which include: (i) a full understanding of the project components, particularly those requiring land acquisition; (ii) an overview of legal and regulatory framework regarding resettlement, including gaps between national laws and xiv regulations and Word bank safeguard policies and how those gaps will be bridged; (iii) institutional roles and responsibilities and requirements for capacity building; (iv) public consultation and participation; (v) determination of land use rights; (vi) screening of the project sites, resettlement sites and project activities; (vii) property and asset valuation in line with specific resettlement action plans (RAPs); (viii) preparation and approval of resettlement action plans; (ix) implementation of the resettlement action plans; (viii) effective redress of complaints and grievances; (xi) monitoring of the Resettlement Action Plans or Abbreviated Resettlement Action Plans; and (xii) a budget to ensure that the Project has adequate resources to meet its own interests related with involuntary resettlement. The RPF principles will be applied throughout the entire Project life cycle. The Project will also be implemented in light of the GOM reform in the environmental sector in terms of: (a) adherence to and adoption of a series of international and regional environmental protection and conservation conventions and protocols; (b) approval of a significant set of legislations with direct and indirect implications to environmental and social protection; (c) creation of specific public institutions and/or strengthening of existing institutions dedicated to both environmental and social management in the country. In terms of national laws particular reference should be made to Decree 45/2004 and the upcoming Decree 54/2015, which regulate the environmental and social impact assessment processes as well as Decree 31/2012 on resettlement and expropriation as well as other subsidiary regulations that deal with the various aspects of resettlement such as public consultation and involvement, effective communication, fair valuation and compensation of affected assets and life restoration in general. MITADER will be the host organization for the project with specific initiatives being managed in line with the sectoral division of responsibilities within the current GOM structure. Agricultural initiatives will be under the Ministry of Agriculture and Food Security (MASA), Infrastructure development, mainly roads, bridges and other facilities will fall under the Ministry of Public Works, Housing and Water Resources (MOPHRH) while land demarcation and titling will be the direct responsibility of MITADER. The latter will also deal with the environmental and social licensing of subprojects as provided for in the legislation in force in the country. The project is going to be implemented in an area endowed with vast natural resources, which include four forests reserves (Mpalwé, Ribaue, Mecuburi and Baixo Pinda) and one national reserve (Gilé) and the entire project area is one of the most dynamic areas of the country in terms of development initiatives (e.g. Nacala Corridor, Forests Business (Lurio Green Resources)) and size of its population. Despite the administrative boundaries the ten districts in the 2 provinces share a lot of common natural and social traits market mainly by high levels of soil fertility and high population densities. ANRLMP is expected to play a positive role in enhancing the various aspects already at play in the area. However, if not adequately designed and implemented it also has the potential of aggravating a number of problems that have been associated with some of the developments, including the potential land taking. Both WB safeguards policies and GOM regulations will be applied to ensure that potential negative environmental and social impacts on land resources, soils, water resources, biodiversity, vegetation, local communities and the society at large are adequately managed and positive impacts are enhanced. Subproject Formulation and Selection xv As part of the ESMF a social and environmental screening process will help (i) determine which construction or rehabilitation activities are likely to have potential negative environmental and/or social impacts; (ii) determine the level of environmental and social work required, including whether an ESIA/ESMP or a freestanding ESMP will be required or not; (iii) determine appropriate mitigation measures for addressing adverse impacts; (iv) incorporate mitigation measures into the subprojects financed by the Project; (v) indicate the need for the preparation of a Resettlement Action Plan (RAP), which would be prepared in line with this Resettlement Policy Framework (RPF); (vi) facilitate the review and approval of the construction and rehabilitation proposals; and (vii) provide guidance for monitoring environmental and social parameters during the implementation and operation of subproject activities. The borrower has already hired a dedicated Safeguard Specialists at central level responsible for natural environment and social issues. Before commencement of project activities an Environmental Safeguards Specialist will be hired to make a tandem with the already existing specialist as part of the strengthening of safeguards capacity within the client. At the central level there will also be a Communication Officer to give support to the Safeguard Specialists when related to social issues. This Specialist will be responsible for the crucial communication aspects of the project such as keeping all stakeholders and PAPs aware of the main issues around the project at each and every phase. At the provincial level there will be one Project Implementation Unit (PIU) in each province, comprised by three Specialists (Value Chain, Land and Forest) who will respond to the Landscape Project Provincial Coordinators. Among other aspects, these experts and particularly the Social and Communication experts stationed at the central level, with regular presence in the provinces and districts, will be responsible for managing the resettlement implications of the Project. Based on their training and capacity building needs they will receive training and technical assistance to develop the necessary knowledge and skills to adequately perform their responsibilities. Training and Capacity Building Extensive training and capacity building will be carried out in order to prepare institutions at the various levels to plan, implement, monitor and evaluate the different aspects involved in sound management of the project on land and asset expropriation. Technical Assistance will be provided to support this process and to take care of crucial project implementation aspects while capacity building is taking place. Practical ways of reaching all target groups will need to be devised for training and capacity needs assessments as well as for delivery of the training. The “Learning by Doing� approach will be given utmost priority. Monitoring Monitoring will also be fundamental to ensure that the objectives set forth in the RPF and the RAPs and ARAPs are being achieved satisfactorily and where there are nonconformities, timely corrective action can be taken. The Project Management Team, but especially the Community Management Officials at provincial level in collaboration with the project’s M&E, will have the overall responsibility for coordinating and monitoring implementation of the RPF. Estimated Budget In line with similar projects in Mozambique, an initial lump sum amount calculated as a 0.02% of the total amount allocated for the two interventions that will have resettlement implications has been put forward as the total estimated cost for implementing the RPF xvi including the preparation and implementation of the site specific RAPs. The amount stands at US$ 700,000.00 (seven hundred thousand American Dollars). When more details become known this amount will be better distributed by the main items to be covered. xvii SUM�RIO EXECUTIVO Introdução O QPR descreve uma série de princípios que devem ser seguidos na implementação do Projecto Landscape de Gestão Integrada de Agricultura e Recursos Naturais (ANRLMP) (o Projecto), através do qual o Banco Mundial (BM) vai apoiar a estratégia do Governo de Moçambique (GOM) na promoção do crescimento inclusivo e de base alargada. O projecto será implementado nas províncias de Nampula e Zambézia nos distritos de Malema, Ribáue, Lalaua, Rapale, e Mecubúri (em Nampula) e Mocuba, Ile, Gilé, Alto Molócue, and Gurué (na Zambézia), respectvamente. A área do Projecto (Províncias de Nampula e Zambézia) Componentes do Projecto O projecto terá quatro componentes principais, com a seguinte alocação preliminar de fundos:  Componente 1: Desenvolvimento de Cadeias de Valor Agrícolas e Florestais (US $ 45M IDA - fase 1 US $ 22.5M e fase 2 US $ 22.5M). Esta componente irá promover a agricultura e as cadeias de valor de recursos naturais relacionadas com as culturas (de segurança alimentar e de rendimento) e florestas (madeira e produtos não-madeireiros decorrentes de florestas plantadas e naturais). Os investimentos vão expandir o acesso inclusivo aos insumos (especialmente sementes e fertilizantes), serviços de extensão, mercados, informação e finanças de agro-negócios. Serão concebidos mecanismos financeiros e modalidades para apoiar os agricultores e as xviii comunidades de pequenos agricultores no desenvolvimento de uma agricultura e florestas viáveis baseadas numa gestão comunitária das cadeias de valor (por exemplo, programa de bolsas, fundos desafio, garantias financeiras, partilha de custos, etc.), destinados a facilitar o desenvolvimento ao acesso sustentável à exportação e / ou mercados locais. Esta componente também visa resolver as limitações de infra-estrutura específica/local com base em informações detalhadas obtidas das partes interessadas envolvidas nas várias cadeias de valor visadas pelo projecto (por exemplo, governos/autoridades locais, comunidades, investidores, agricultores e outros participantes da cadeia de valor).  Componente 2: Segurança dos Direitos de Posse de Terra e o Aumento da Resiliência dos Recursos Naturais (US $ 30M IDA, fase 1 US $ 15M e fase 2 US $ 15M). Esta componente contribuirá para melhorar as condições de vida das famílias rurais através da promoção de uma gestão sustentável dos recursos naturais (florestas, água, solo) na Paisagem alvo, e melhorar a resiliência destes recursos naturais às mudanças climáticas. A componente irá promover a gestão e planificação integradas dos recursos naturais, aumentar a protecção e reabilitação de áreas de alto valor de conservação (AAVC), fortalecer as organizações de base comunitária para gerir de forma sustentável os recursos naturais e promover o Ordenamento Territorial ao Nível Distrital e promover sistemas de produção ambientalmente sustentáveis. Estes resultados chave irão garantir que o desenvolvimento das cadeias de valor agrárias e florestais sejam baseadas no uso sustentável da base de recursos de que dependem. Esta Componente também visa a melhoria da governação da terra e segurança da posse de terra, apoiando o desenvolvimento de planos locais de uso de terra, e aumentando a acessibilidade de o desempenho dos serviços de geografia e cadastro.  Componente 3: Coordenação e Gestão de Projectos (US $ 5M, fase 1 US $ 2,5M e fase 2 US $ 2,5 milhões). Esta componente inclui actividades relacionadas com a coordenação e gestão do projecto, consultas às e diálogo com a partes interessadas, M&E, um programa e estratégia de comunicação.  Componente 4: Contingência para Resposta a Emergências (US $ 0M,). Esta componente irá prestar resposta imediata para casos de uma crise elegível ou emergência, tal como para casos de desastres. Ao abrigo deste projecto as principais intervenções físicas, principalmente relacionadas com a Componente 1, serão sob a forma de: (i) melhoramento e manutenção de estradas terciárias; (ii) pontes rurais (iii) pequenos esquemas de irrigação; (iv) infra- estruturas de armazenamento; (v) electrificação rural; e (vi) outros tipos de infra- estrutura prioritária. Arranjos para a Formulação e Implementação do Projecto O ANRLMP (Landscape) é a primeira fase do apoio do Grupo do Banco Mundial ao Programa liderado pelo governo para promover o desenvolvimento rural integrado que seja sustentável (Programa Estrela). Como tal, o mesmo é parte de um programa de mais longo prazo orientado para a criação de um modelo para promover o desenvolvimento rural integrado, que depois deverá ser ampliado através de diferentes fontes de financiamento, incluindo uma prevista fase dois de potencial financiamento adicional pelo Grupo Banco Mundial no futuro. xix O projecto incorpora a avaliação de impacto como elemento integrante, que será vinculado à apreensão de lições aprendidas e respectiva divulgação e adopção em contextos seleccionados. A preparação e o lançamento do projecto já incorporam a importância do conhecimento e da tomada de decisão informada. O enfoque está a ser sobre áreas tais como (i) Análise da cadeia de valor na agricultura; (ii) Análise da cadeia de valor nas florestas; (iii) Administração de Terras e Gestão da Terra e de Recursos Naturais Baseados na Comunidade, que estão a ser investigados, a fim de estabelecer prontidão para a implementação do projecto. Foram igualmente feitos arranjos para a preparação de instrumentos de salvaguardas ambientais e sociais do projecto, nomeadamente: (i) Quadro de Gestão Ambiental e Social (QGAS), (ii) Plano de Gestão Integrada de Pragas (IPMP) e (iii) Quadro de Política Reassentamento (QPR). O QPR (este documento) é justificado pelo facto de duas das componentes do projecto, ou seja, as componentes 1 e 2 terem intervenções que são avaliadas como devendo estar associadas com implicações de reassentamento, ao mesmo tempo que, nesta fase os detalhes no terreno de tais intervenções ainda não são conhecidos. As intervenções são: (i) a construção e operação de pequenas e médias barragens/açudes/infra-estruturas de retenção de água para irrigação agrícola; (ii) alinhamento e realinhamento bem como a melhoria das estradas rurais, incluindo a construção e reabilitação de pequenas pontes; (iii) construção e reabilitação de instalações de armazenamento e outros tipos de infra- estruturas prioritárias; e (iv) a delimitação de terras e titulação de posse individual terrenos. A preparação destes instrumentos será seguida pela contratação de oficiais de salvaguardas Ambientais e Sociais dedicados particularmente ao projecto que irão fornecer apoio do dia-a-dia na implementação do Projecto, incluindo a supervisão da avaliação preliminar e comunicação de aspectos de salvaguardas relacionados com as intervenções específicas do projecto. A missão da avaliação do projecto não poderá ter lugar antes de os instrumentos das salvaguardas terem sido divulgados tanto pelo Governo como no Infoshop do BM. Contexto de Desenvolvimento O ANRLMP acontece num altura de desenvolvimento em que o país está a registar um rápido crescimento, o que faz dele um dos países de mais rápido desenvolvimento no mundo nos últimos 5-6 anos apesar de os últimos 1-2 anos terem sido caracterizados por uma relativa deterioração dos principais indicadores económicos e financeiros. Apesar do seu crescimento notável, o país continua a estar entre os mais pobres do mundo. O país está na posição 180 entre 188 países em termos de índice de desenvolvimento humano. Existe uma série de constrangimentos institucionais e outras restrições que continuam a dificultar a prestação de serviços básicos. A economia do país é caracterizada por um número muito reduzido de grandes projectos, por um lado, e o sector familiar e informal, por outro, o que encoraja desequilíbrios no desenvolvimento e afecta a diversificação da produção e o acesso aos benefícios do desenvolvimento por uma significativa proporção da população. Investimentos em infra-estrutura, como estradas, abastecimento de água e saneamento, energia, telecomunicações, etc. devem continuar a desempenhar um papel neste processo de estabilização e eliminação gradual dos desequilíbrios. Reforçar xx as pequenas e médias empresas (PME) é visto como chave para mudar a situação prevalecente. As duas regiões que definem a área do projecto são ricas e diversificadas em termos do ambiente físico, biológico e socioeconómico receptor. As intervenções precisam de ser adequadamente planificadas, implementadas, monitoradas e avaliadas para garantir que o ambiente receptor não seja prejudicado. Políticas de Salvaguardas do Banco Mundial e Regulamentos do GOM O objectivo do QPR, que deve ser usado em combinação com o QGSA do Projecto é o de garantir que as Políticas de Salvaguarda ambientais e sociais relevantes do Banco Mundial e do GOM sejam rigorosamente respeitadas. O Projecto irá desencadear seis das 10+2 Políticas de Salvaguarda do Banco Mundial, nomeadamente, Avaliação Ambiental (OP / BP 4.01), Gestão de Pragas (OP 4.09), Reassentamento Involuntário (OP / BP 4.12), Habitats Naturais (OP/BP 4.04), Florestas (OP/BP 4.36), Segurança de barragens (OP/BP 4.37), assim como as Directrizes do Grupo do Banco Mundial sobre o Ambiente, Saúde e Segurança Gerais, Desenvolvimento do Turismo, Directrizes de SSA aplicáveis ao Agribusiness/Produção de Alimentos, de Abril de 2007. O Quadro de Política de Reassentamento (QPR) destina-se a garantir que princípios da OP / BP 4.12 sejam considerados no desenho e implementação do projecto. Estes princípios podem ser resumidos da seguinte forma: (i) reassentamento deve ser evitado sempre que possível, ou ele deve ser minimizado, explorando todas as vias alternativas no desenho do projecto; (ii) quando não for possível evitar o reassentamento, as suas actividades devem ser concebidas e executadas como programas de desenvolvimento sustentável, fornecendo recursos de investimento suficientes para permitir que as pessoas deslocadas pelo projecto possam compartilhar os benefícios decorrentes do projecto; (iii) as pessoas deslocadas devem ser consultadas de forma significativa e ter oportunidades de participar na planificação e implementação de programas de reassentamento; e (iv) as pessoas deslocadas devem ser auxiliadas nos seus esforços para melhorar os seus meios e padrões de vida ou pelo menos para repô-los, em termos reais, a níveis prevalecentes antes do reassentamento ou aos níveis existentes antes do início da implementação do projecto, dependendo, neste caso, do que for melhor entre estas duas fases. O BM também adopta uma definição mais ampla do fenómeno de acção de reassentamento em que o mesmo pode incluir: (i) a perda de terra ou de estruturas físicas sobre a terra, incluindo os empreendimentos, (ii) o movimento físico, e (iii) a reabilitação económica das pessoas afectadas (APs) pelo projecto a fim de melhorar (ou pelo menos, restaurar) os níveis de rendimento ou de vida existente antes da acção que provocou o reassentamento. Ao abrigo dos critérios de classificação ambiental do BM e do GOM, o projecto foi classificado como sendo de Categoria B. O Capítulo 6 e outras secções deste relatório evidenciam que as componentes ambientais com potencial de se traduzir em aquisição de terras não terão implicações significativas de reassentamento. Quando tal se apresentar inevitável planos de acção de reassentamento simplificados deverão ser suficientes para lidar com as implicações que irão resultar. O QPR pretende ser um guia para a selecção das intervenções do projecto proposto para garantir que eles não afectem negativamente as pessoas e os seus bens nas áreas do projecto. O QPR é particularmente relevante numa situação em que ainda não existe uma definição clara das intervenções do projecto, como é o caso do que se passa com o projecto nesta fase. O QPR apresenta uma série de princípios, que incluem: (i) uma xxi compreensão abrangente das componentes do projecto, especialmente as que necessitam de expropriação; (ii) uma visão geral do quadro legal e regulatório respeitante ao reassentamento, incluindo lacunas nas leis e regulamentos nacionais e as políticas de salvaguarda do Banco Mundial e a maneira como estas lacunas podem ser resolvidas; (iii) papéis e responsabilidades institucionais e exigências em matéria de capacitação; (iv) a consulta e participação pública, (v) a determinação dos direitos de uso da terra, (vi) revisão dos locais dos projectos e actividades de reassentamento do projecto; (vii) a avaliação de activos em conformidade com os planos de acção de reassentamento (PAR) específicos, (viii) a elaboração e aprovação de planos de acção de reassentamento, (ix) a implementação dos planos de acção de reassentamento; (x) o tratamento efectivo de queixas e reclamações; (xi) a monitoria dos Planos de Acção de Reassentamento ou Planos de Acção de Reassentamento Simplificados, e (xii) um orçamento para garantir que o projecto tenha recursos suficientes para atender aos seus próprios interesses em termos de reassentamento involuntário. Os princípios do QPR serão aplicados em todo o ciclo da vida do projecto O QPR também será implementado à luz da reforma do GOM no sector do ambiente, em termos de: (a) adesão e adopção de uma série de convenções e protocolos regionais e internacionais de protecção ambiental e de conservação; (b) aprovação de um conjunto significativo de legislação com implicações directas e indirectas sobre a protecção ambiental; (c) criação de instituições públicas específicas ou fortalecimento de instituições existentes dedicadas à gestão ambiental e social. Tanto as políticas do Banco Mundial como as políticas e regulamentos do GOM serão aplicados para garantir que o potencial de afectar negativamente os recursos terrestres, solos, recursos hídricos, da vegetação e da sociedade em geral seja adequadamente gerido e os impactos positivos sejam realçados. Ao lidar com as questões do reassentamento o recém aprovado Decreto 31/2012 de 8 de Agosto receberá atenção especial. Em conformidade com os regulamentos nacionais acima mencionados, para avaliação dos edifícios e de terra são tomadas em consideração os materiais de construção utilizados, a área e tipo de coberta, idade e localização do edifício e/ou da propriedade. Faz-se uma análise comparativa com propriedades similares para se chegar ao montante da compensação. Não obstante, a Política Operacional do Banco Mundial sobre Reassentamento Involuntário (PO 4.12), estabelece que a compensação seja feita com base no valor da substituição ao custo actual de mercado, i.e. sem ter em consideração a depreciação pela idade, desgaste, tipo de material da estrutura e/ou o resgate dos materiais de construção pelos respectivos donos durante o processo da remoção. Consequentemente ao abrigo deste projecto, e em situações semelhantes, os princípios estabelecidos pela PO 4.12 prevalecerá. Formulação e Selecção de Subprojectos Como parte do QGSA haverá um processo de selecção para (i) determinar que actividades de construção e reabilitação são susceptíveis de ter potenciais impactos ambientais e sociais, (ii) determinar o nível de acção ambiental necessária, incluindo se uma AIAS/PGAS ou apenas um simples PGAS são necessários ou não, (iii ) determinar as medidas de mitigação apropriadas para lidar com os impactos adversos, (iv) incorporar medidas de mitigação nos subprojectos financiados pelo ANRLMP, (v) indicar a necessidade de preparação de um Plano de Acção de Reassentamento (RAP), que será elaborado em conformidade com o presente Quadro da Política de Reassentamento (QPR), (vi) facilitar a revisão e aprovação da construção e propostas de reabilitação, e (vii) fornecer orientações para o monitoramento de parâmetros xxii ambientais durante a implementação e funcionamento das actividades dos subprojectos. O mutuário já contratou um especialista designado para se ocupar pelas salvaguardas a nível central com responsa bilidade para o ambiente natural e para as questões sociais. Antes do início das actividades do projeto será contratado um Especialista de Salvaguardas Ambientais e Sociais para trabalhar com o especialista já existentes como parte do reforço da capacidade em matéria de salvaguardas por parte do cliente, com enfoque para as questões sociais. Ao nível central, haverá também um Oficial de Comunicação para dar apoio aos especialistas em salvaguardas quando estas se relacionam com as questões sociais. Este especialista será responsável pelos aspectos de comunicação cruciais do projecto, tais como manter todos os interessados e PAPs com conhecimento sobre as principais questões em torno do projecto em cada fase. Ao nível provincial, haverá uma Unidade de Implementação do Projecto (UIP), em cada província, composta por três especialistas (Cadeia de Valor, Terras e Florestas) que responderão perante os Coordenadores Provinciais do Projecto Landscape. Entre outros aspectos, estes especialistas e particularmente os especialistas sociais e de comunicação estacionados no nível central, com a presença regular nas províncias e distritos, serão responsáveis pela gestão das implicações de reassentamento do Projecto. Com base nas suas necessidades de formação e capacitação receberão treinamento e assistência técnica para desenvolver os conhecimentos e as habilidades necessários para desempenhar adequadamente as responsabilidades. Formação e Capacitação Haverá extensa formação e capacitação a fim de preparar as instituições aos diferentes níveis para planificar, implementar, monitorar e avaliar os diferentes aspectos envolvidos na gestão da expropriação de activos das pessoas afectadas tal como descrito neste QPR. Vai ser fornecida Assistência Técnica para apoiar este processo e para se ocupar de importantes aspectos de implementação do projecto enquanto a capacitação estiver a decorrer. Deverão ser elaboradas formas práticas de atingir todos os grupos-alvo para a avaliação das necessidades de formação e capacitação, bem como para a realização da formação. Será dada prioridade à abordagem de “ aprender a fazer fazendo�. Monitoria A monitoria também será fundamental para garantir que os objectivos estabelecidos no QPR e nos PARs sejam alcançados de forma satisfatória e onde não houver conformidade para que se possa, em tempo útil, introduzir alterações. A Equipa de Gestão do Projecto terá a responsabilidade geral pela coordenação e acompanhamento da execução do QPR. Estimação do Orçamento do QPR Em conformidade com projectos similares em Moçambique foi calculado um montante inicial geral de 0.02% do custo total das duas componentes do projecto que terão implicações em matéria de reassentamento e foi colocado como custo total para a implementação do QPR incluindo a preparação e implementação de PARs específicos de subprojectos que serão considerados. O montante situa-se em EUA$ 700,000 (setecentos mil dólares norte-amercanos). Assim que mais detalhes forem melhor conhecidos este montante será distribuído pelos principais itens a ser cobertos. xxiii 1 INTRODUCTION The purpose of this document is to provide a Resettlement Policy Framework (RPF) for the proposed Agriculture and Natural Resources Landscape Management Project (ANRLMP) (the Project) to be implemented by the Government of Mozambique (GOM) with the World Bank Assistance. The ANRLMP aim is to promote integrated sustainable rural development at the same time that sets out a model for interventions in integrated rural development in Mozambique in a way that it is responsive to the country’s current aspirations and vision in regard to this important development topic. Under the Project a series of interventions will be designed and implemented in order to support production and value addition activities of selected value chains, strengthening natural resource management, upgrading the land administration system for increased land tenure security, improving rural infrastructure, and strengthening the institutional capacity of key public and private institutions at central and local levels. Besides Coordination and Management the Project will comprise four leading components, namely: (i) Agriculture and forest-based value chain development; (ii) Securing land tenure rights and increasing natural resources resilience; (iii) Project coordination and management; and (iv) Contingency emergency response. These components will be combined creatively to develop and provide good examples of how integrated rural development in the current phase of the country’s development should be undertaken. Mozambique has been actively pursuing good examples of integrated rural development since independence in 1975. With the overwhelming majority of its population living in rural areas and relying heavily on natural resources, which are largely exploited using rather rudimentary technologies and practices, the country has intrinsic interest in finding sustainable ways of ensuring that the wealth of natural resources with which it is endowed are adequately used to promote economic and social growth and development that are inclusive, diverse and sustainable. Project implementation will be divided into two main phases with Phase I being aimed at “contributing to integrate rural households into sustainable agriculture and forest -based value chains in the project area and in the event of an eligible crisis or emergency to provide immediate and effective response to said eligible crisis or emergency� , which is expected to last for around five years. Based on the lessons learned the project expected to continue to a second phase whose details are still unknown. This RPF will cover the two phases of project implementation and may require adjustments in line with the actual structure and contents of phase two, when these become known. Lately, in addition to the traditional and increasingly more frequently unsustainable use of natural resources, dictated mainly by exponential population growth small, medium and even large business operators have been contributing to worsen the situation in a way that if left unattended will put at risk the long term interests of the country and its natural base. Large amounts of resources (mainly forests and mineral resources) are being exploited in an unsustainable manner in a process that at times is driven by unscrupulous domestic and external operators and markets. The following planned project interventions have the potential to trigger land acquisition: (i) construction and operation of small and medium size dams/weirs/water retention infrastructures for agricultural irrigation; (ii) alignment and realignment as well as improvement of rural feeder roads including construction and rehabilitation of small bridges/culverts along the roads; (iii) construction and rehabilitation of storage facilities other types of priority infrastructure; and (iv) land delimitation and individual land tenure 1 titling. The extent to which these interventions will be related with resettlement implications is described throughout the document and particularly in Chapter 6 of this document. Among other aspects, the proposed infrastructure development will require land taking and people and/or their assets to be involuntarily resettled, which can impact negatively on people’s livelihoods. The WB in particular advocates that involuntary resettlement should be avoided where feasible, or minimized, exploring all viable alternative project designs. Where it is not feasible to avoid resettlement, resettlement activities should be conceived and executed as sustainable development programs, providing sufficient investment resources to enable the persons displaced by the project to share in project benefits. Displaced persons should be meaningfully consulted and should have opportunities to participate in planning and implementing resettlement programs. The latter aspects are also endorsed by the GOM. The WB also adopts a broader view on involuntary resettlement, which is seen as including (i) loss of land or physical structures on the land, including business, (ii) the physical movement, and (iii) the economic rehabilitation of project affected persons (PAPs) in order to improve (or at least restore) the levels of income or life prevailing before the action causing the resettlement has taken place�. In line with the GOM and WB principles and guidelines related with environmental and social management interventions should be designed, implemented and operated in such a way as to avoid causing harm to both the natural and social environment. This RPF is justified by the fact that the details about the above-mentioned interventions will only be known at a later stage, when specific subprojects and subsequently conditions for the preparation of their resettlement action plans or their abbreviated versions will also be known. The Resettlement Policy Framework (RPF) is meant to be a guide to the overall management of the proposed Project interventions to ensure that they do not negatively affect people and their assets in the project areas. The RPF covers the entire project and subproject cycle. It provides the principles and prerogatives the Borrower should follow in project and subproject management to ensure compliance with the WB policies. The RPF is particularly relevant in a situation where the selected project interventions have not yet undergone the respective feasibility studies and design, as is the case with the Project at this stage. The RPF outlines a number of principles, which include:  A full understanding of the project components, particularly those requiring land acquisition;  Public consultation and participation;  Determination of land use rights;  Screening of the project sites, resettlement sites and project activities;  Property and asset valuation in line with specific resettlement action plans (RAPs);  Preparation and approval of resettlement action plans;  Implementation of the resettlement action plans;  Effective redress of complaints and grievances;  Monitoring of the Resettlement Action Plans for implementation of mitigation measures; and  A budget to ensure that the Project has adequate resources to meet its own interests in terms of involuntary resettlement. The RPF principles will be applied throughout the entire project life cycle. 2 In addition to this introductory chapter this RPF comprises seventeen (17) chapters that deal successively with: (i) project description; (ii) project implementation arrangements; (iii) development context in Mozambique and the project area; (iv) project’s targeted areas; (v) potential impacts of the project; (vi) principles and objectives for the preparation and implementation of a resettlement policy framework; (vii) the social screening process; (viii) preparation review and approval of resettlement action plans; (ix) legal framework; (x) method for valuation and compensation for losses; (xi) eligibility criteria and practical aspects of rap preparation and implementation; (xii) institutional framework; (xiii) institutional strengthening and capacity building; (xiv) community participation and stakeholder involvement in planning, implementation, and monitoring; (xv) grievance redress mechanism/procedures; (xvi) monitoring and evaluation arrangements; (xvii) arrangements for resettlement funding and estimated RPFbudget A series of annexes are used to complement issues presented and discussed throughout the report. The data and information in this document result from a combination of methods of data collection and processing, from the following main sources (i) extensive literature review; (ii) interviews and discussions with key informants including experts in relevant project sectors (agriculture, irrigation, public infrastructure (roads, bridges, buildings, land use planners, etc.) and other key informants in the field as well as from public consultation meetings that took place in February 2016, as detailed in Annex 7; (iii) review of similar projects, mainly PROIRRI and MOZBIO; and (iv) direct observations in the project area, which are combined with a rapid assessment by the Consultant. 3 2 PROJECT DESCRIPTION The Agriculture and Natural Resources Landscape Management Project (ANRLMP) will focus on the development of agriculture and forests in the project area, by strengthening value chains in a way that will improve the sustainability of local livelihoods at the same time that link these households with a larger socioeconomic context. It will also deal with land delimitation and individual land tenure titling. The project will have four main components to be implemented over two distinct phases with the following estimated allocation of funds: 1. Component 1: Agriculture and Forest-Based Value Chain Development (US$57M IDA). 2. Component 2: Securing Land Tenure Rights and Increasing Natural Resources Resilience (US$18M IDA) 3. Component 3: Project Coordination and Management (US$6M IDA) 4. Component 4: Contingency Emergency Response (US$ 0M) Component 1, in particular, which is associated with the main physical interventions of the project such as feeder road upgrade and maintenance, rural bridges, small irrigation schemes, storage facilities, and other types of priority infrastructure will, in some cases, be associated with the need for land acquisition. Although on a smaller scale the same can be expected to happen during land delimitation and individual land tenure titling related with Component 2. These are the interventions that trigger this RPF, which outlines a number of principles to be followed to ensure that land acquisition is carried out in a way that meets the above described WB requirements and acceptable GOM laws and regulations dealing with this matter. As said in the previous Chapter, the extent to which these interventions will be related with resettlement implications is better described and assessed throughout the document and particularly in Chapter 6 of this document. 2.1 Project Development Objectives and Principles The Project Development Objectives (PDO), phase 1, is to contribute to integrating rural households into sustainable agriculture and forest-based value chains in the project area and in the event of an eligible crisis or emergency to provide immediate and effective response to said eligible crisis or emergency. The PDO will be achieved by support production and value addition activities of selected value chains, strengthening natural resource planning and management, supporting land tenure regularization and upgrading the land administration and management, and strengthening the institutional capacities of key public and private institutions at central and local levels. 2.2 Project Components The four Project components and respective subcomponents can be summarily presented as follows: Component 1: Agriculture and Forest-Based Value Chain Development (US$57.0M IDA) The objective of the component is to contribute to: increase smallholder and small emerging commercial farmers’ participation in key agriculture and forest-based value 4 chains; and enhancing their overall competitiveness, sustainability and resilience. This would be achieved through: (a) identifying and supporting a replicable/scalable small emerging commercial farmer’s network for increase rural household’s participation in value chain development (VCD) while promoting the adoption of climate-smart practices; (b) expanding value chain actors’ access to finance and financial services including weather based insurance; and (c) addressing key infrastructure constraints. This component would finance consultants, goods, civil works and operational costs, including investments via matching grants and partial credit guarantee to support agriculture and forest-based value chains. The investments will expand access to inputs (especially seeds/seedlings and fertilizers), extension services, markets, and agribusiness finance. In order to meet the above objectives, the component will support the following activities which will be launched in year 1 of Project implementation:  Capacity Building of Small Emerging Commercial Farmers and SME Agribusiness (US$9.0M IDA).  Agribusiness finance to value chain actors (US$20M IDA). SECFs, Agribusiness, Weather based insurance.  Improving rural infrastructure (US$28.0M IDA) Component 2: Securing Land Tenure Rights and Increasing Natural Resources Resilience (US$18M IDA) The objectives of the component are to: (a) promote integrated landscape management in the targeted landscape; (b) secure land tenure rights of 450 rural communities and 55,000 individuals; and (c) protect, enhance and restore 3,000 hectares of critical natural habitats in the landscape. This would be achieved by: (a) strengthening Provincial and District capacity to pursue integrated landscape management, including multi-stakeholder platforms, spatial planning1 and joint planning and monitoring tools; (b) supporting community land delimitation and individual land tenure titling; (c) streamlining land delimitation and titling processes at the Provincial and District levels and strengthening the capacity of Provincial and District offices to issue CDCs and DUATs; and (d) protecting and restoring natural habitats critical for the value chains in the landscape. This component would finance consultants (service providers), goods and operational costs related to delimiting communities and carrying out land titling work, providing needed inputs, equipment and training for landscape restoration, operational costs, and priority civil works in the targeted landscape. The components would support the following activities:  Supporting land tenure regularization (US$7 M IDA) The objective of this activity is to contribute to: (a) strengthen land tenure security of rural communities and individuals; and (b) increase their ability to negotiate with investors requiring land and participate in value chains. This would be achieved though: (a) supporting community delimitation and individual land tenure titling (DUATs); and (b) strengthening Natural Resources Management Committees (CGRNs) and other community-based organizations (CBOs). Community land delimitation will be carried out systematically and reach over 50 per cent of communities in the Project area (about 270 of an estimated total of 450 communities). The development of community- level land use plans (micro-zoning) and strengthening of CGRNs and other CBOs will be promoted during the delimitation process. Additionally, the Project is expected to support 1 This includes the development of community-level land use plans. 5 the issuance of about 150,000 DUATs, contributing to the 5 million target established under Terra Segura for the period of 2015-2019. This activity will finance: priority civil works, consultants, goods and operational costs; development of harmonized and simplified methodology for land delimitation, service provider to support the delimitation and capacity building of about 270 local communities, complete with community-level land use plans, and the issuance of 150,000 individual DUATs and; and the piloting of Fit-for-Purpose methodology aimed at identifying and titling sub-community DUATs at select areas within the targeted landscape This activity will be implemented mainly by a service provider hired to conduct the systematic community land delimitation and gather the needed data for issuing DUATs. The service provider will be supervised by DPTADER and the Provincial Implementation Units, and work in coordination with the District Cadaster and Land Registration Services and the Provincial Services of Geography and Cadaster in Nampula and Zambezia.  Strengthening land administration services (US$3 M IDA) The objective of this activity is to contribute to: (a) improving the competencies of SPGCs and District officers, and of DINAT staff assigned to the Project activities; and (b) strengthening the capacity in land administration services. This will be achieved through: (a) training relevant staff; (b) addressing equipment needs in the Project area; and (c) ensuring the application of Mozambique’s land information and management system in the Project area, as well as supporting the implementation of two continuously operating reference stations (CORS). Trainings provided will ensure that staff at District and Provincial level in the targeted landscape performs effectively actions needed for the swift implementation of the land tenure regularization support activity. The implementation of the two CORS will ensure the efficiency of service providers' work in land tenure regularization. This activity will finance: priority civil works, consultants, goods and operational costs; ICT and other equipment needed for the effective functioning of SIGIT and DINAT; recorded trainings of relevant staff; and purchase of geospatial data related to the target area to support land regularization activities. The trainings will be implemented by a service provider, under the supervision of Provincial Implementation Units and the Project Coordination Unit.  Strengthen Provincial and District capacity on integrated landscape management (US$ 3M IDA) The objective of this activity is to enhance local capacity of public and private sector stakeholders (Provincial and District government, private sector entities working on land use and civil society organizations) to utilize tools related to integrated landscape management. This will be achieved through: (a) strengthening Multi-Stakeholder Landscape Forums at the Provincial level; (b) promoting spatial tools that can inform land use planning and addressing Government equipment needs for integrated landscape management; and (c) providing trainings to relevant Government staff at Provincial and District levels . Provincial and District authorities will also be supported to develop and implement relevant land uses plans and maintain a Landscape GIS database that will inform Project implementation. This activity will finance: operational costs of the Multi-Stakeholder Landscape Forums, including communication material preparation, workshops, annual meetings; staff training and capacity building of DPTADER, as well as equipment needed for its 6 effectiveness; and recruitment, training and basic equipment for District-level Landscape Facilitators. The Provincial Coordination Units (PIUs) in Nampula and Zambezia would be responsible for ensuring the Forums are operational, implementing the capacity building activities and liaising with the targeted Districts. The spatial and analytical tools would be designed by a service provider, in partnership with the local academia.  Protect and restore natural habitats critical for the value chains in the landscape (US$5M IDA) The objective of this activity is to contribute to protecting the natural resources (soil, water and forests) and restoring degraded lands that are critical for the value chains promoted by the Project. This will be achieved through: (a) involving local communities in the sustainable management of natural resources; (b) promoting assisted natural regeneration and active enrichment planting with natural and exotic species and natural species planting for domestic and commercial uses in priority areas within the landscape; (c) addressing small equipment needs and providing training to Provincial law enforcement officials responsible for ensuring compliance with environmental regulations; and (d) promoting awareness raising focusing on the importance of critical natural habitats, national environmental legislation, fire management and other natural resources management best practices. This activity will finance: restoration of 3,000 hectares of degraded land in critical areas for the value chains; identification of efficient and cost-effective technologies to restore degraded land with the potential for scaling up; trainings to Provincial law enforcement officials responsible for ensuring compliance with environmental regulations awareness campaigns on the importance of critical natural habitats, This activity will be implemented mainly by a service provider, which will be hired to support the protection and conservation activities, working in close coordination with the DPTADER and District authorities. Component 3: Project Coordination and Management (US$6M IDA) This component includes activities related to project coordination and management, fiduciary management, safeguards management, M&E, and communications. A Project Coordinating Unit (Unidade de Gestão de Fundos Internacionais, UGFI) has been established at MITADER, with significant capacity at the national level. Provincial Implementation Units (PIU) of 4 technical staff have been hired to oversee the implementation of the operation in each Province. A team of decentralized Landscape Facilitators at the provincial and district levels will be deployed at the start of the project. Further details of the role and functions of the UGFI and PIU members are in Section V and Annex 3. Component 4: Contingency Emergency Response (US$ 0M) This component will provide immediate response in the event of an eligible crisis or emergency. By including a "zero-dollar" Contingency Emergency Response Component (CERC) the project can finance emergency works in case of a disaster event. Following an adverse event that causes a major disaster, the GoM may request the Bank to channel resources from this component into an Immediate Response Mechanism (IRM). The IRM would enable the use of a portion of uncommitted funds from the overall IDA portfolio to respond to emergencies. Specific details around this component (including activation criteria, eligible expenditures, and specific implementation arrangements, as well as required staffing for the Coordinating Authority) will be defined in greater detail an IRM Operations Manual, which would go through a consultation and clearance process by project effectiveness. 7 2.3 Anticipated sub-Project types under the Project Physical interventions under ANRLMP will be in the form of:  feeder road upgrade and maintenance;  rural bridges construction and upgrading  small and medium size irrigation schemes  storage facilities;  other types of priority infrastructure; and  land delimitation and individual land tenure titling. In addition to implications on the receiving natural environment that is dealt with under the ESMF prepared separately, in a varying degree, the above-mentioned interventions are expected to require land taking as this is defined under OP 4.12, on Involuntary Resettlement. Based on the few elements that are known at this stage this document makes a preliminary assessment of the extent to which each of the above-mentioned sub-activities will be associated with this phenomenon of land acquisition and makes recommendations on how the RAPs and A-RAPs should be prepared, implemented and monitored once the details of each intervention become known. A consultative and participatory process will be adopted in the identification and selection of specific and final sub-projects to be considered for funding. Among other aspects to be considered in the process the provinces, districts and municipalities will review their strategic development plans and ensure that relevant plans and projects become part of the Project. This will extend to the harmonization of ANRLMP with other past, current and planned development interventions that would be seen as relevant to streamline with this project. 2.4 Sub-project activities ineligible for funding Sub-projects not eligible for funding include those that:  Involve the significant conversion or degradation of critical natural habitats;  Are in locations that are ecologically sensitive such as forests, wetlands, and other unique habitats;  Are located in gazetted national parks, wildlife reserves, controlled hunting areas or forest reserves;  Imply the construction of large dams as defined in OP/BP 4.37 Safety of Dams, as well as small dams, which would trigger OP/BP 4.37 and the World Bank Policy of Projects on International Waterways OP/BP 7.50;  Involve sub-projects which need large-scale land acquisitions from communities;  Involve growing or purchase of tobacco or drugs;  Financing of Genetic Modified Organisms will need to be in compliance of Mozambican legislation and will need an in-depth analysis of their beneficial or negative impacts before a decision on financing will be taken. It is recommended that these sub-projects not be eligible; Clear selection criteria for the collaboration with investors will be developed with the objectives to minimize the environmental impacts as well as risks of significant social impacts, such as land grabbing. 8 3 PROJECT IMPLEMENTATION ARRANGEMENTS ANRLMP is the first phase of WBG support to the national Government-led Program to promote integrated sustainable rural development (Programa Estrela). As such, ANRLMP is part of a longer term Program geared towards the establishment of a model for promoting integrated rural development, which would be scaled up through different sources of financing, including a planned phase two and potential additional WBG financing in the future. The project incorporates impact evaluation as its integral element, which will be linked to the drawing of lessons learned and respective dissemination and adoption in selected contexts. The importance of knowledge and informed decision making and definition of sound project implementation options is also demonstrated by the way in which the project is being prepared. Among other aspects this includes the launching by the WBG of a series of analytical works to generate crucial information for project preparation around important area such as (i) Agriculture value chains analysis under which a preliminary agriculture sector review was completed to provide an overview of sector performance, and an initial assessment of agribusiness development and development potential in Mozambique. This will be followed by an in-depth analysis of the institutional framework for agriculture investment in Mozambique and selected agribusiness value chains and operational models to identify best practice models of investor-out grower linkages, to be completed shortly (ii) Forest value chain analysis around planted forests to identify barriers to the promotion of private investments in the planted forests sectors and of models for the integration of smallholders into different planted forests supply chains and Natural forests value chains to identify the most promising supply chains from the management of natural forests; (iii) Land Administration and Community-Based Land and Natural Resources Management to examine challenges related to increasing land rights security (e.g. formalization of community delimitation, individual and collective DUATs), and securing land for investors in collaboration with local communities that already hold rights over the land in question. The promotion of efficient land use patterns and regulatory capacity, and strengthen institutional capacity is also envisaged, under which key factors for the success of Community-Based Organizations, particularly those in charge of managing natural resources (forests, wildlife and conservation areas) will be identified and streamlined in the project final design and implementation. 3.1 Interventions with Potential for Land Acquisition As stated above the project main interventions which are expected to trigger resettlement are: (i) construction and operation of small and medium size dams/weirs/water retention infrastructures for agricultural irrigation; (ii) alignment and realignment as well as improvement of rural feeder roads including construction and rehabilitation of small bridges/culverts; (iii) construction and rehabilitation of storage facilities and other types of priority infrastructure; and (iv) land delimitation and individual land tenure titling. A few elements that characterize each of these interventions and the way in which they will be conceptualized and implemented including the extent to which these are related to land acquisition are: (i) construction and operation of small and medium size dams/weirs/water retention infrastructures for agricultural irrigation 9 Infrastructures to retain water for irrigation will be built in selected sections of local rivers/water courses/water bodies. These areas (dambos) are presently the most preferred by local people to carry out their agricultural activities. Depending on the season (dry and wet), production and market patterns of each area, farming in the dambos can be for irrigated crops (i.e. horticulture where there is knowledge and/or markets for these crops), sugar cane, sweet potatoes, etc. or typical dry farming crops such as maize, sorghum, cassava, etc. (especially during the dry season) and selected fruit trees. Activities are carried out mostly using rudimentary technologies. Figure 1: A typical vegetable garden in the project area in the margins of a River (Lurio River in Lalaue) Local households, tend to have small farming areas (up to 0.5 ha per household) for cultivation in the dambos. This can be multiplied by many households in each single area. Small, seasonal and precarious infrastructures can also be found in and around the dambos. These are used as shelter for people during intensive cultivation seasons and for storage of crops and other goods. These land areas and respective assets are likely to be affected during construction and to be permanently lost during and after inundation and replaced by retained water. Livelihoods can also be expected to be affected by the time when the use of areas in and around water bodies (dambos) is transformed from the current not well structured way of exploitation into a more structured system after construction and operation of irrigation infrastructures (e.g. the organization of farmers by water user associations and introduction of more organized forms of access to land/water, etc.) (ii) alignment and realignment as well as improvement of rural feeder roads including construction and rehabilitation of small bridges/culverts Except for the National Roads existing in the project area such as N1 and N7 in parts of the districts of Mocuba, Gurue, Alto Molocue, etc in Zambezia province, as well as N13 in parts of the districts of Malema, Ribaue, Mecuburi and Rapale, most of the roads in the project area, including some of the other classified roads, are in precarious conditions and become impassable at times, particularly during the rainy season. Feeder roads, which will be the focus of the project are even worse. In order to offer favorable conditions to facilitate business and other transactions as part of the Project, these roads will require alignment and realignment, as well as reconditioning of the asphalt even if they will be kept as gravel roads. 10 Figure 2: A typical rural road and bridge in the project area (Ribaue district) Feeder roads link production centers, small towns and rural villages with each other as well as with classified roads. For most of the sections these roads and particularly those situated in typical rural areas do not have many areas of intersection with people, their assets and social activities. This changes significantly in and around small towns and local villages where the roads tend to be surrounded by people’s assets in the form of crops, trees, portions of land, small business infrastructures (e.g. kiosks, vending stalls, etc.). These people and their assets are likely to be affected by the expected interventions, especially in and around densely populated areas. Nampula province, which has more densely populated settlements can be expected to be more affected. Figure 3: Cotton selling point along a feeder road in the project area (Lalaua district) On the other hand, in a number of points, feeder roads in the project area pass through rivers, water courses and other lowland/swampy areas, which will require small 11 bridges/culverts to make the roads passable in these points. Usually these areas are not close to significant people’s social activities and assets but in a limited number of cases a different situation can be found and in such cases construction and rehabilitation of bridges/culverts will affect people’s assets, particularly in the form of land, crops and trees. (iii) construction and rehabilitation of storage facilities and other types of priority infrastructure The total lack and/or limited number of storage facilities for agricultural inputs and products and other products is one of the problems affecting rural development in Mozambique. In order to establish dynamic markets and create a context in which demand and supply of products is harmonized the project will identify, facilitate and encourage the establishment of basic storage facilities. The development of these facilities should be done as part of the land use planning process better described below that has been ongoing for quite some time. Given the current availability of land in the project area as well as the magnitude of the required facilities (small and medium), they will not require big portions of land and can be planned, designed and build in areas that are unoccupied and thus not interfere with people, their assets and social activities. Despite all the precautions that can be taken and the results thereof in some cases land acquisition and asset taking may be unavoidable and this will trigger resettlement. (iv) land delimitation and individual land tenure titling For both urban and rural areas Mozambique’s land occupation is not well structured in most of the cases and tends to not follow any pre-defined plan. The generalized formulation of land use plans for urban (mainly PPU2 and PP3) and rural (mainly PDUT4) areas was triggered by the Territorial Planning Law (No. 19/2007) and its regulation (No. 23/2008) enacted in 2007 and 2008, respectively. Influenced by these two instruments massive formulations of the above-mentioned land use plans have been or are beinh prepared. Chapter 5 and Annex 1 of this document indicate that all project districts except Gurue have their PDUT already formulated and in place. One of the consequences of the process has been the demarcation of areas for the various activities as set out in the plans including titling on behalf of land users. The process has seen previously unoccupied areas being adequately planned with areas demarcated for social amenities (roads, bridges, drainage systems, parks and green areas, etc.) being clearly defined and the land plots being distributed and title among those who want to use the land. In such areas this has happened with limited or no need to interfere with people’s activities and their assets. In densely occupied areas requalification has been the preferred approach. Requalification (mainly urban requalification) consists of medium to long term plans to transform the ill structured occupation and use of land into more structured. Living in better planned and structured areas has been receiving high levels of acceptance and enjoys a lot of support by most people in Mozambique. Demarcation under the project will take place in both new and relatively unoccupied areas but also in occupied areas, with the former being given preference and precedence at the beginning. 2 PPU – Urban Partial Plan 3 PP – Urban Detailed Plan 4 PDUT – District Land Use Plans 12 On the other hand for both housing and productive activities, in urban and rural areas a significant number of land users in Mozambique rely on customary rights as the main form of ownership and right to exploit the areas under their influence. Mozambique’s land law and related regulations recognize customary rights over land in the same way as formal title rights but it is acknowledged that formal title rights provide better security to the owners and users. The project’s intention of issuing around 150,000 DUATs can be expected to contribute significantly to consolidate this secure land tenure drive. Both land demarcation and titling is not expected to trigger significant land acquisition but is some cases, where current unplanned land occupation will interfere with the immediate needs for demarcation and titling land acquisition may be triggered. Assets likely to be affected include houses, fences and other housing and business infrastructures, portions of land, crops and trees. 3.2 Environmental and Social Safeguard Instruments and Implementation Of interest for this particular document arrangements were also made for the preparation of the Project’s safeguards instruments, namely (i) Environmental and Social Management Framework (ESMF), (ii) Integrated Pest Management Plan (IPMP) and (iii) Resettlement Policy Framework (RPF), i.e. this document. The preparation of these instruments including conducting the public consultation process took place between November 2015 and February 2016. MITADER will be the host organization for the project with specific initiatives being managed in line with the sectoral division of responsibilities within the current GOM structure. Agricultural initiatives (e.g. irrigation and plant and animal production in general) will be under the Ministry of Agriculture and Food Security (MASA), Infrastructure development, mainly roads, bridges and other facilities will fall under the Ministry of Public Works, Housing and Water Resources (MOPHRH) and the National Roads Administration (ANE) while land demarcation and titling will be the direct responsibility of MITADER. The development of other infrastructures will also be done in line with the sectoral responsibilities including the involvement of the Ministry of Industry and Trade. MITADER latter will also deal with the environmental and social licensing of subprojects as provided for in the legislation in force in the country. The provinces and districts will also contribute by assisting in the transformation of sectoral plans into horizontal/territorial plans that are in line with local development interests. The table below provides an overview of the main actors and their roles: Table 1: Sectoral responsibilities in project management and subproject development Responsible institutions Areas of intervention Lead institutions Collaborative institutions Project management MITADER MASA, MOPHRH/ANE PMU, Hired Service Providers including Environmental and Social Safeguards Specialists Irrigation subprojects MASA MOPHRH/ARAs5, Provinces and Districts 5 Regional Water Administrations, mainly ARA Centro Norte and ARA Norte. 13 Responsible institutions Areas of intervention Lead institutions Collaborative institutions Plant and animal production MASA MIC6 Provinces and Districts subprojects Roads and bridges MOPHRH/ANE PMU, Hired Service Providers including Environmental and Social Safeguards Specialists, Provinces and Districts Storage facilities; MIC PMU, MOPHRH, Provinces and Districts Other types of priority MOPHRH/ANE PNU, MIC, Provinces and infrastructure; Districts Land delimitation and MITADER PMU, Provinces and Districts individual land tenure titling Environmental licensing MITADER PMU, Hired Service Providers including Environmental and Social Safeguards Specialists, Provinces and Districts The sectors will formulate specific subprojects following their development policies and strategies for the whole country and where these exist (e.g. irrigation and roads) specific programs for the sectors and subsectors, which usually have a clear mapping and categorizations of interventions across the country. To ensure adequate implementation of the Safeguards requirements and applicable national regulations there will be two Safeguard Specialists at central level one responsible for natural environment and the other for social issues. At the central level there will also be a Communication Officer to give support to the Safeguard Specialists when related to social issues. This Specialist will be responsible for the crucial communication aspects of the project such as keeping all stakeholders and PAP aware of the main issues around the project at each and every phase. At the provincial level there will be one Project Implementation Unit (PIU) in each province, comprised by three Specialists (Value Chain, Land and Forest) who will respond to the Landscape Project Provincial Coordinators. The Safeguard Specialists for Natural Environment as well as the Communication Officer have already been hired and have been working at the central level. They participated actively in the formulation of the Safeguard Instruments including this RPF. Before the project start up these will be joined by the Specialist for Social Issues. The Project’s appraisal mission will not take place before the safeguards instruments are disclosed both in country and in the WB Infoshop. 6 Ministry of Industry and Trade 14 4 DEVELOPMENT CONTEXT IN MOZAMBIQUE AND THE PROJECT AREA 4.1 General Country Development Context and Project Relevance 4.1.1 General Context Mozambique has a total area of approximately 800,000 km². In 2007 it was found to have 20.4 million inhabitants (INE, 2007), which under current annual growth rates (2.8% average) is estimated to be slightly around 26.5 million at present. The country´s GDP per capita is estimated at 1,123.40 USD (UNDP, 2015). After about a decade of centralized economy and just over 16 years of armed conflict from the mid-1990s, the country’s economy started recording accelerated growth rates on an annual average of 7% in real terms, from early-mid 2000s. Up until recently (2013- 14) growth had been supported by high levels of assistance from Development Partners, efforts in the field of macroeconomic policy management and strengthening the enabling environment for promotion of domestic and foreign private investment including (i) foreign direct investment in mega projects7 and operating large-scale high-value agricultural products such as cotton, sugar and tobacco, (ii) the favorable agricultural growth at the family sector level, and (iii) infrastructure rehabilitation projects, including roads. In more recent times (2014-15) there have been signs of a significant level of deterioration of the main economic and financial indicators such as inflation, exchange and interest rates. These are informed by unfavorable domestic and external circumstances particularly a reduced level of demand and prices for commodities that the country is and was becoming a potential exporter (e.g. coal, gas and other high value mineral resources), continued low domestic production as well as reduced level of foreign assistance. Despite these factors the country continues to be expected to maintain its high economic growth rates of 7% or more during 2015 and 2016. The 7% growth rate has been confirmed for 2015 and is expected to reach 7.5% by 2016 (IMF, 2015). However, despite the remarkable past and ongoing growth progress, the country continues to be among the poorest in the world. The latest report released on 14 December 20158 compiled on the basis of estimates for 2014 by the United Nations indicates that Mozambique is in the 180th position among 188 countries in terms of human development index (0.416). Even though this is a slight improvement when compared with the rating in the last 4-5 years, when Mozambique was among the worst 3-5 countries continues to be demonstrative of the precarious situation in which the country finds itself in. A number of institutional constraints and other constraints continue to hamper the delivery of basic services (e.g. water supply, sanitation, education and health services). To counteract the gloom social and economic development indicators the country has been formulating and putting into place a series of reforms in the areas of agriculture, mining, and business environment in general. 7 e.g. Aluminium Smelter (Mozal), gas exploration (SASOL), Moma heavy minerals and coal in Tete province for a number of actors and more recently gas explorations. 8 UNDP (2015) 2015 Human Development Report – Rethinking Work for Human Development. 15 4.1.2 The Agriculture Sector ANRLMP focuses on agriculture combining plant and animal production, forests and wildlife as well as dry land farming and irrigation. In Mozambique Agriculture contributes 25.9% of total GDP and is the source of livelihood for 75% of the population. The sector has been displaying a rapid growth averaging 6.8% over the period 1996 to 2010 which was less than the growth of the GDP of around 7% over the same period. A main contributing factor has been the high vulnerability of agriculture to natural disasters, mainly droughts and floods in the southern and central regions. In the same manner as the general economy, the structure of the agricultural sector consists of three main actors, loosely defined these are: the business sector, the household commercial sector, and the household self-consumption sector (better known as family sector). The household sector, comprising both the commercial and family sector, represents 94% of the total agriculture. The business sector is small (only 5.3% of the total) but it has been particularly dynamic, growing on average at 47.9% over the period 2001-2003. The business sector includes tobacco, cotton, and sugar and has attracted significant foreign investment. Efforts have been underway to change this unsatisfactory situation and to use the wealth of resources in the agriculture sector to meet important development goals such as diversification of the economy in general and that of agriculture itself, increased productivity, food security, employment, attract foreign direct investment, feed internal and external markets with a variety of agricultural goods, etc. and ultimately increase the weight of agriculture in the country’s GDP in a way that would be in line with its potential. As highlighted in the Development Strategy for the Rice Sector in Mozambique9 “the presence of different actors (business, household-commercial, and household self- consumption) highlights three important aspects. First, the predominance of the household sector suggests the need of focusing on this sector for major government interventions: one per cent increase in the growth of the household sector is equivalent to more than 6 per cent increase in the growth of the business sector. Secondly, both the household commercial and household self-consumption sectors are important contributors of overall growth, given their large weight on the structure of production. Thirdly, an overall policy of encouraging private (domestic and foreign) investment has positive aspects on creating dynamism of the overall agriculture, spearheading rapid growth in specific subsectors and creating the conditions for the emergence of a commercial agriculture. Therefore, an agricultural development strategy that is focused on the smallholder sector and promotes linkages between the smallholder sector and the dynamic business sector could accelerate growth and development of commercial agriculture�. In 2011 the government approved the agricultural strategic plan (2011), i.e. PEDSA with the aim of: (a) producing synergies that will transform the agriculture sector from being predominantly one of subsistence farming into being more competitive; (b) embodying a vision that is shared by the sector´s key actors; and (c) dealing with the issues that affect investor confidence. One important subsector in the development of agriculture is irrigation. Mozambique has enormous potential for irrigated farming, with an estimated 3.3 million ha being potentially 9 MINAG/Agrifood Consulting International (September 2005) 16 irrigable. The total irrigated area fell from around 120,000 ha in the mid-1970s, after the country’s independence, to close to 40,000 soon after the end of the civil conflict in 1992, and little has been done since then to rehabilitate existing irrigation systems. There are currently around 50,000 ha that are irrigated, of which 60% are used for sugarcane and increasingly some banana/fruit production. Only 8.8% of family sector farmers use some form of irrigation (TIA, 2008). The newly formulated irrigation strategy (2011) gives an orientation on how to establish the irrigation schemes and the property rights of the infrastructure. A growing recognition of the importance of irrigation in the development of the country’s agriculture led, among other, to the establishment of a National Institute of Irrigation (INIR) in 2012.10. Together with the establishment of INIR with a credit from the International Development Agency (IDA – World Bank Group) the Government of Mozambique is currently implementing the Sustainable Irrigation Development Project, better known as PROIRRI. During a period of six years and with a focus on three provinces (Zambezia, Sofala and Manica) as well as on small and medium farmers. PROIRRI has been piloting interventions aimed at drawing lessons on the best ways of reviving irrigation in the country. PROIRRI’s development objective (PDO) is to increase marketed agricultural production and raise on-farm productivity in new or improved irrigation schemes in Central Mozambique. Over a six-year period, it is envisaged that the project will develop an innovative and sustainable approach to market-led irrigation in Mozambique, with strengthened public institutions at various administration levels, and with a legal and regulatory framework conducive to private sector participation. Institutional and human capacity development is an important component of the project. Although not to be directly addressed by the project the government is open to consider innovative ways of using public and private partnerships (PPP) to develop large scale irrigation schemes that go beyond sugar cane production. Under this context, ANRLMP is highly relevant. It is well positioned to demonstrate the viability of the linkages between the various actors (public/private, micro, small and medium size enterprises and communities at large) in achieving the common goal of placing the agriculture sector in its rightful position, i.e. as a truly important and long- lasting economic and social development sector. In as far as irrigation is concern ANRLMP will be linked to PROIRRI and INIR in order to make use of the valuable experiences and organizational base that these have developed in the last 5-6 years and avoid starting from scratch. ANRLMP will support ongoing efforts to improve basic infrastructure network, pilot and demonstrate viable socioeconomic interventions, assist in capacity building and provide adequate monitoring and evaluation mechanism that will benefit the project areas in particular, and country as a whole. The focus of the project on rural development, sustainable management of natural resources including building resilience to climate change are also positive aspects in such a context as the rural areas concentrate both the majority of the country’s population and poverty and are in dire need of adopting better practices in the use of the natural resources at the same time that can effectively face climate change challenges that affect the country and are translated into recurrent natural disasters in the form of floods, droughts and cyclones. The areas targeted by the project, as it will be seen, are also highly relevant since they have an outstanding natural resources potential that can be used to produce envisaged results and demonstrations. ANRLMP also advocates linkages with similar and relevant 10 Decree 09/2012, of May 11. 17 past, ongoing and planned programs and projects on the ground such as PROIRRI, BIOMOZ and other, which will contribute to expand the opportunities to learn and disseminate lessons. 4.1.3 The Need for Land Acquisition As it will be better elaborated in Chapter 6 the four major physical interventions under ANRLMP are: (i) construction and operation of small and medium size dams/weirs/water retention infrastructures for agricultural irrigation; (ii) alignment and realignment as well as improvement of rural feeder roads including construction and rehabilitation of small bridges/culverts; (iii) construction and rehabilitation of storage facilities and other types of priority infrastructure; and (iv) land delimitation and individual land tenure titling, will trigger, in different ways and magnitudes the need for land acquisition. These interventions will in different ways and extents trigger the need for land acquisition. This is related with the combination of many contextual and general factors that influence each other such as: (i) poor land use planning and occupation Land occupation in Mozambique in both rural and urban areas has been largely ill structured. It has been mainly since 2007 and 2008, after the approval of the Territorial Planning Law (No. 19/2007) and its regulation (No. 23/2008), respectively, that efforts have been underway to revert this situation. Although progressing satisfactorily the process is proving to be long and slow and at times requiring people and other entities and their assets to be taken and/or relocated to give way to a better planning or to develop different types of infrastructures, predominantly public infrastructures such as roads, railways, water supply and sanitation systems, power supply, telecommunication, etc. (ii) poor law enforcement Inadequate law enforcement usually explains that areas planned and/or reserved for infrastructure development and expansion (right-of-way) such as roads, railways, water supply and sanitation systems, power supply, telecommunication, etc. are not respected. As a result they are systematically encroached by people and other entities and their assets and whenever there is a need to conduct alignments, realignments, construction/rehabilitations/expansions, etc. this is often associated with the need to resettle people, other entities and their assets. These aspects are also prevalent and widespread in the project area and in line with the WB and GOM guidelines, laws and regulations related with involuntary land taking can only take place under specific conditions that are summarized in this document in order to be used as a guide by those who will be responsible for subproject design, implementation, monitoring and evaluation. . 18 5 ANRLMP TARGETED AREAS 5.1 Project Location Chapter 6 of this document provides a preliminary assessment of the resettlement implications of the project and although only in qualitative terms as the footprint of interventions is still unknown the assessment provides an overview of the links between the types of interventions and respective magnitude of land acquisition. This chapter deals with the general aspects of that characterize the project area, which should be used as reference information to perform specific tasks. The Project area was established on the basis of a combination of indicators related to current production, poverty incidence, potential to generate higher returns to investments in the selected value chains, and the landscape dimension that geared Project design. The project areas comprises the provinces of Nampula and Zambezia. Figure 4: The two provinces and districts defining the project area Within these above-mentioned provinces and based on a set of criteria, it was agreed that the Districts to be targeted by the Project are:  Nampula (districts selected are: Malema, Ribáue, Lalaua, Rapale, and Mecubúri)  Zambézia (districts selected are: Mocuba, Ile, Gilé, Alto Molócue, and Gurué) 19 Figure 5: The Project districts in Nampula province Figure 6: The Project districts in Zambezia province 5.2 Socio-economic Situation As shown in Table 1, (below) the entire targeted project area represented roughly 7,835,068 inhabitants (the figure should be above 9.0 million today at an annual growth rate of 2.8%, on average), i.e. close to 39% of the overall country’s population, in 2007. 20 Nampula and Zambezia are the first and second most populated provinces in the country, respectively. In the same period (2007) the ten selected districts represented 10% of the country’s population and slightly above 27% of the population of the two provinces together. The five districts in Nampula represented above 20% of the province’s population while those from Zambezia 34.6%. the relative concentration of people in these districts and particularly in the case of Zambezia (more than 1/3 of the province’s population) can also be interpreted as an indication of their wealth and considerable carrying capacity for human activities and development, Absolute and relative (population densities) numbers of people played an important role in the process of selecting these districts to define the project area. For what is envisaged it is of relevance for the selected areas to have inherent elements of economic and social dynamism in which the size of the population is usually known to be a strong factor. Inhabitants Country 20,252,223 Provinces Inhabitants Districts Inhabitants Nampula 3,985,613 Malema 164,898 Ribáue 186,250 Lalaua 73,536 Rapale 203,733 Mecubúri 155,624 Subtotal Districts 784,041 Zambezia 3,849,455 Mocuba 300,628 Ile 289,891 Gilé 169,285 AltoMolócue 272,482 Gurué 297,935 Subtotal Districts 1,330,221 Total 20,252,223 7,835,068 2,114,262 Table 2: Distribution of population in the project area (INE, 2007) As described in the previous subchapters that characterize the biophysical environment, despite poor underground water resources the combination formed by the ten districts defines an area that is generally very rich in terms of natural resources due to the relative abundance of fertile soils (i.e. with high water retention capabilities), regular and high precipitation, rivers and streams that translate into favorable conditions for rain fed farming that is generally practiced in Mozambique. Rain fed farming under the particular conditions of the area, is very productive. Malema district is known for being the “breadbasket� of Nampula province, mainly due to its rich arable soils and abundance of food crops. The ten districts share a number of agro-ecological conditions and are important producers of food crops particularly maize, sorghum, cassava, sweet potato, beans, peanuts and others, including a variety of fruits, as well as cash crops such as tobacco, cotton, sesame and cashew nuts. Gurue was an important tea production center in the past. Tea production was sustained by efficient support systems that collapsed after independence and particularly during the years of war. Malema, Ribaue, Mecuburi and Rapale are located in Nacala Corridor, which is proving to be one of the most dynamic corridors in Mozambique and particularly the northern 21 region. In the last few years this corridor has been benefiting from a wide diversity of interventions aimed at turning its infrastructure fully functional to meet important development initiatives that are taking place in central and northern Mozambique. Of particular importance has been the rehabilitation, alignment and paving of an extensive section of N13 between Nampula and Cuamba, which is now nearing completion. The construction and rehabilitation of the railway that will link the coal mining hub in Moatize, Tete Province, to the Indian Ocean in Nacala is another important development. Despite the fact that at present Lalaua is not directly part of the Nacala Corridor, to a great extent the five selected districts in Nampula constitute a specific unity characterized by several common natural and sociocultural (i.e. ethnical, linguistic and religious) traits. As a matter of fact up until 1986 when a new administrative division was then approved, Lalaua was an Administrative Post within Ribaue district. The district capitals of Ribaue and Malema are autonomous municipalities. This also attests to their socioeconomic importance in the province and the region. Three of the six municipalities in Zambezia province are also found in the project area, namely Alto Molocue town, Gurue city and Mocuba city. This and the fact that through the Zambezia province the project area has two urban centers classified as cities (the highest status for an urban center) can be seen as yet another indication of the socioeconomic potential and dynamism of the selected area. Despite all the favorable natural conditions for agricultural production and land availability, data from the district profiles (MAE, 2014) also indicate that a significant number of households in the districts in the project area often do not produce enough food to meet their annual consumption. Usually, households have food reserves to cover only between 2.5 to 4 months. Data also shows that at least 5% of households are generally vulnerable. The most vulnerable families are usually headed by women, children, elderly and/or chronically-ill or disabled persons. In order to counteract the food vulnerability, a considerable proportion of households resort to survival strategies that include participation in "food for work" initiatives promoted by various development assistance agencies e.g. the World Food Program, Save the Children, INGC, as well as in some IDA/Donor-funded operations, especially in the field of infrastructure/civil works development. They also resort to collecting wild fruits, collection and/or sale of firewood, charcoal, reed, cuttings, preparation of traditional beverages, hunting and sometimes formal employment, mainly by men, in the surrounding townships and villages. One main reason for this situation is the nonexistence and relative weakness of rural markets, weak agricultural technologies and yields, along with other reasons that explain the low productivity of natural resources in Mozambique, particularly in the rural areas. In those districts and in many parts of Mozambique a vicious cycle made of natural conditions, lack of capital and adequate financial services, production technologies and services responsible for development and dissemination of such technologies, poor marketing systems and other factors that define the environment in which local economic activities are carried out, explains the prevalence of the subsistence economy. The economy is based on direct and integrated exploitation of natural resources, with very little transformation. Plant and animal production, forests and fisheries are integrated in a single economic system of multiple relationships. These are combined to guarantee the survival of the individuals, the families and the communities. Some of the aspects that define the practice of agriculture in the area, which are typical of the so-called “family sector� are: 22  Cultivation of very limited areas: 0.5 to 1 ha is the common size of most of the farms in the project area11.  Use of farming technologies that are rudimentary: cultivation is primarily undertaken using hoes and virtually no external inputs, such as improved seed, fertilizers and chemicals are used12.  Over the years the family sector farmers have developed livelihood strategies oriented towards minimizing risk through crop diversification, which takes place in a variety ways including:  Growing several crops and the dominance of intercropping;  Preferring to grow two or more consecutive crops rather than a single one of a longer cycle, even if the potential total yield is higher for the latter, to obtain advantage of moisture availability during the short rainy season; and  Growing crops in as many diverse environments (topography/relief/soil) as possible, e.g., in sandy flat areas, in medium textured alluvial deposits of slopes (transition zones), in the fine textured dark colored soils of the river beds (dambos) and in open valleys and alluvial soils. This results in a combination of plots on different soil types and in different crop preferences, each with different fallow and cropping patterns. Nampula City is the third largest city after Maputo and Matola, both in the southern region of the country. Due to its role of unifying business activities in the country’s northern region Nampula is also known as the “Capital of the North�. Rapale and Mecuburi are very close to Nampula city. The recent rehabilitation and paving of N13 linking Nampula to Cuamba has also contributed to turning Ribaue and Malema relatively easily accessible by road. 5.2.1 Other Development Programs/Projects in the Project Area Based on suggestions coming from the public participation process a wide range of sources should be used as an attempt of identifying and mapping land use rights and effective uses (formal and informal) in the defined project area as a whole and by blocks. This chapter will not deal with such issues. A specific report should be prepared separately. However, as already indicated the project area is rich in development initiatives that ANRLMP is required to take cognizance of. Some of these are summarized in this subchapter. The National Director of Water (DNA) is in the process of commissioning a monograph of the Lúrio River Basin. It is expected that the exercise will make a through description of the river and its basin, past, current and potential uses in the future and culminate with the preparation of a strategic plan to develop water resources for the Lúrio River Basin. This is of particular importance for the districts of Malema, Ribaué, Mecubúri and Rapale, which have significant parts of their territory strongly influenced by this important river in Mozambique. 11 The informal character of agriculture and animal production, which are dominant economic activities in the project-related areas, explains the present land use and land tenure patterns. Ancestral laws establish the distribution and use of land by existing families. Lineage plays a crucial role in the process. Each family and groups of families do their best to secure enough land and to have direct access to areas for housing, fauna, forests, pastures, fertile grounds and water. 12 Due to the monopolistic structure of the market for these products, they are rather very expensive in Mozambique. 23 Other important developments in the project area and/or its surroundings include: A significant number of local farmers have agreements with cotton operators (e.g. OLAM and SANAM) and they grow cotton for them in return of some forms of assistance such as seeds, pesticides and other minor forms of assistance. In Nampula province and extending to Niassa and Cabo Delgado there are significant forests out grower’s schemes, such as the case of Lurio Green Resources. This is active in the districts of Ribaué13 (south of Lalaua), Mecubúri and Rapale. The figure below clearly shows Lúrio Green Resources area of influence. Figure 7: Areas of operation of Lurio Green Resources Of particular importance due to its magnitude is PROSAVANA project. The figure below depicts the boundaries of this project as it was in March 2010. As can been seen from the map there could be overlaps between this project and ANRLMP although the final demarcation of the former project still remains an open subject. PROSAVANA is, among other, known for being an attempt of applying the agricultural development in Brazil’s Cerrado to Mozambique. It is a tripartite project (Mozambique, Brazil and Japan) that has already been approved by the government of Mozambique with the aim of boosting agriculture productivity and production in Nampula, Niassa and Cabo Delgado. During the public meetings the project team had the opportunity of listening to the level of disappointment by local people with what is understood as having been a project that raised high expectations and concerns and then vanished into a strong level of 13 Until 1986 when a new administrative division was approved, Lalaua was part of Ribaué district. 24 uncertainty. Insistences were made about the need for ANRLMP to avoid following on PROSAVANA footsteps. Figure 8: Preliminary demarcation of PROSAVANA (March 2010) In regard to this project and many other that could be in the same areas or close to ANRLMP more details should be collected and presented in the subsequent phases of the project development and where synergies can be created these should be considered seriously. This is also one of the issues strongly raised by stakeholders during the public consultation process. 5.2.2 Land Use Plans Land use planning issues, and particularly the District Land Use Plans (PDUT 14), will occupy and important position in project development. By definition (Territorial Planning Law and respective Regulation), PDUT are district and inter district land use plans that establish the structure of the spatial organization of the territory of one or more districts, based on the identification of areas for preferred uses and by setting the standards and rules to be observed in the occupation and use of land and the use of its natural resources. Territorial Planning Law and its Regulation were established in 2007 and 2008, respectively. From the date of establishment the districts were given two years to complete PDUT. However, for various reasons there have been delays in completing those plans such that close to eight years later there is still a number of districts that have not yet completed their plans. Once formulated and approved PDUT are valid for a period of 10 years, upon which they can be modified to be in line with identified changing conditions. As can be seen from Annex 1 of this document all the districts in the project area except Gurué (although this might need confirmation on the ground) have their PDUT. The existing plans should be used by ANRLMP management as land use planning instruments, to meet the various purposes. Room should also be created for ANRLMP to provide additional assistance to the provinces and districts to improve these plans. It is a known fact that some of them are technically poor and could benefit from spot improvements. 14 From Portuguese Planos Distritais de Uso da Terra 25 6 POTENTIAL IMPACTS OF THE PROJECT As stated in Chapter 2 of this document the project will have four main components with the following preliminary allocation of funds: 1. Component 1: Agriculture and Forest-Based Value Chain Development (US$57M IDA). 2. Component 2: Securing Land Tenure Rights and Increasing Natural Resources Resilience (US$18M IDA) 3. Component 3: Project Coordination and Management (US$6M IDA) 4. Component 4: Contingency Emergency Response (US$ 0M) Activities under these four components and mainly those from Component 1 Agriculture and Forest-Based Value Chain Development (US$57M IDA) and Component 2 Securing Land Tenure Rights and Increasing Natural Resources Resilience (US$18M IDA)but also those from other components will affect the different environmental and social components in different ways. The table below summarizes the context under which each of the main interventions with resettlement implications will be carried out and makes a preliminary assessment of their respective resettlement implications. The assessment is basically qualitative as it this stage elements to make it consistently quantitative are not available, which is also the reason why a RPF is the adequate instrument instead of the preparation of the resettlement action plans. The latter will come when the footprint of each of the main areas of interventions is known. 26 Table 3: Project interventions, potential resettlement implications and expected magnitude Project Context and existing practices Resettlement implications Expected magnitude interventions Construction and Infrastructures to retain water for irrigation will be built in selected sections of local Construction and operation of water operation of small rivers/water courses/water bodies. retention infrastructures is likely to and medium size be associated with: In and around dambos dams/weirs/water The selected sections will accommodate construction materials during construction retention and later on they will be inundated by water Permanent loss of land by land infrastructures for taking for construction operations agricultural and by areas to be inundated. Existing pattern of land use and occupation in the project area means that people The cumulative effects of land irrigation use the land closer to water bodies (dambos) to carry out their agricultural activities. loss/taking can be significant Depending on the season (dry and/or wet), production and market patterns of each Destruction of crops, including trees, (medium) area, farming in the dambos can be for irrigated crops (mainly horticulture where mainly fruit trees there is knowledge and/or markets for these crops), sugar cane, sweet potatoes, The cumulative effects of crop etc. or typical dry farming crops such as maize, sorghum, cassava, etc. (especially destruction can be significant during the dry season) and selected fruit trees. Local households, tend to have small (medium) farming areas (up to 0.5 ha per household) for cultivation in these areas. This can be multiplied by many households in and around the water bodies. Given the fact that soils in the dambos are more fertile as they can retain water/soil moisture for longer periods of time, they are the most sought out for cultivation, especially during the dry season and/or periods of rain deficit. More often they are marked by high occupation and cultivation densities including land disputes. Destruction of temporary Small, seasonal and precarious infrastructures can also be found in and around the infrastructures Total number of temporary dambos. These are used as shelter for people during intensive cultivation seasons infrastructure close to water and for storage of crops and other goods/tools courses/bodies is minimal (very low) Although there are rules and regulations governing land occupation and water use Temporary or permanent change in in the dambos, these are not well structured as they are expected to be after cultivation pattern The introduction and adoption construction and operation of irrigation infrastructures (e.g. the organization of of a new and better organized farmers by water user associations and introduction of more organized forms of structures of land use for access to land/water, etc.) irrigation can take long and be hard to establish. Under such cicumsatnces production restoration can be expected to require a lot of time and work (high) Alignment and Except for the main roads such as N1 and N7 in parts of the districts of Mocuba, realignment as well Gurue, Alto Molocue, etc. in Zambezia province, as well as N13 in parts of the as improvement of districts of Malema, Ribaue, Mecuburi and Rapale, most of the roads in the project rural feeder roads area, including National Roads, are in precarious conditions and become 27 Project Context and existing practices Resettlement implications Expected magnitude interventions impassable at times, particularly during the rainy season. Feeder roads, which will be the focus of the project are even worse. In order to offer favorable conditions to facilitate business as part of the Landscape project, these roads will require alignment and realignment, as well as reconditioning of the ground even if to keep them as gravel roads. Feeder roads link production centers, small towns and rural villages with each other as well as with National and other classified Roads. For most of the sections of these feeder roads and particularly those situated in typical rural areas they do not have many areas of intersection with people, their assets and social activities. This In typical rural areas feeder road The number of assets and changes significantly in and around small towns and local villages where the roads alignment and realignment as well social activities to be affected tend to be surrounded by people’s assets in the form of crops, trees, portions of as rehabilitation and improvement by the feeder road land, small business infrastructures (e.g. kiosks, vending stalls, etc.). will have limited or no interface with improvement process in rural people, their assets and social areas will be minimal or non- activities existent (very low) In and around small towns and local The number of assets and villages the improvement process is social activities to be affected likely to have some level of by the feeder road interference with crops, trees, improvement process in and portions of land, small business around small towns and local infrastructures (e.g. kiosks, vending villages will be significantly stalls, etc.) limited but present. Assets to be likely affected include crops, trees, portions of land, small business infrastructures (e.g. kiosks, vending stalls, etc.) (low) Construction and In a number of points feeder roads in the project area pass through rivers, water Construction and rehabilitation of Construction and rehabilitation rehabilitation of courses and other lowland swampy areas, which will require small bridges/culverts bridges and culverts will have limited of bridges and culverts will small to make the roads passable in these points, especially during the rainy season or no interference with people, their have very low or no bridges/culverts assets and social activities implications at all with people, The points that will require bridges/culverts, particularly in rural areas, are usually their assets and social not close to any people’s social activities and assets activities (very low to nil) Construction and Lack and/or limited number of storage facilities for agricultural inputs and products rehabilitation of and other products is one of the problems affecting rural development in storage facilities Mozambique. In order to establish dynamic markets and create a context in which and other types of demand and supply of products is harmonized the project will identify and priority facilitate/encourage the establishment of basic storage facilities infrastructure 28 Project Context and existing practices Resettlement implications Expected magnitude interventions The development of these facilities should be done as part of the land use planning Construction and rehabilitation of Construction and rehabilitation better described below. Given the current availability of land in the project area, the storage facilities in both urban and of storage facilities in both magnitude of the required facilities (small and medium), they will not require big rural will have limited or no interface urban and rural will have very portions of land and can be planned, designed and build in areas that are with people, their assets and social low or no implications at all with unoccupied and thus not interfere with people, their assets and social activities activities people, their assets and social activities (very low to nil) Land delimitation For both urban and rural areas Mozambique’s land occupation is not well structured and individual land in most areas and it does not follow any pre-defined plan. The generalized tenure titling formulation of land use plans for urban (mainly PPU and PP and rural (mainly PDUT ) areas was triggered by the Territorial Planning Law (No. 19/2007) and its regulation (No. 23/2008) in 2007 and 2008, respectively. Influenced by these two instruments massive formulations of the above-mentioned law have been undergoing. One of the consequences of the process has been demarcation of areas for the various activities as set out in the plans including titling on behalf of users. In both urban and rural areas the process has seen previously unoccupied areas being adequately planned with areas for social amenities (roads, bridges, drainage systems, parks and green areas, etc.) being cleared defined and the land plots being distributed among those who want to use the land and this has happened with limited or no need to interfere with people’s activities and their assets. In densely occupied areas requalification has been the preferred approach. Requalification (mainly urban) consists of medium to long term plans to transform the ill structured occupation and use of land into more structured. Living in better planned and structured areas has been receiving high levels of Land demarcation in new/expansion Land demarcation in acceptance and enjoys a lot of support by most people in Mozambique. areas will be associated with limited new/expansion areas will very or no resettlement implications low or no implications with Demarcation under the project will take place in both new and unoccupied areas but resettlement (very low to nil) also in occupied areas, with the former being given preference and precedence at the beginning Land demarcation in densely For both housing and production activities, in urban and rural areas a significant populated/occupied areas can be Land demarcation in densely number of land users in Mozambique rely on customary rights as the main form of associated with some resettlement populated/occupied areas may ownership and right to exploit the areas under their influence. implications but limited as these can have some implications with take place over long periods of time resettlement but these can be Mozambique’s land laws and regulations recognize customary rights over land in as part of requalification processes planned over longer periods of the same way as formal title rights but it is acknowledged that formal title rights time and have low implication provide better security to the owners and users. in the short term (very low) 29 Project Context and existing practices Resettlement implications Expected magnitude interventions The above described land use planning and requalification will be accompanied by distribution of formal land titles to local people 30 As can be seen the only intervention that can be expected to have “high� resettlement implications is related with the transformation of use of naturally and poorly organized irrigated areas (dambos) into more organized after the construction/rehabilitation of irrigation schemes. But this is a processual aspect rather than a physicial one. The other areas will have from “nil� to medium, which quantatively can be expected to be less than 200 people at a time. Resettlement may result from permanent placement of the components of the project itself and respective operation, but may also be related to the construction operations (e.g. machinery movements, extraction places of construction materials, etc.). However, due to the intrinsic characteristics of the project and the project area the need to relocate people and assets will be minimal for most of the interventions. It is only the construction and operation of dams/water reservoirs that is associated with cumulative impacts that can be expected to reach a medium magnitude. But even in such case individual interventions will have limited implications. The transformation of dambo pattern of land exploitation to organized irrigation schemes can require substantial and long term work to restore production and make it better than the prevailing situation before resettlement but that is dynamic process for which the project will have to structure long term interventions It is anticipated that in all cases where resettlement will be necessary the preparation of abbreviated resettlement action plans (A-RAP) will suffice to deal with them. However, should the number of PAPs affected by an activity be larger than 200, a full Resettlement Action Plan (RAP) will be prepared. Both the GOM and the WB accept the preparation of A-RAP when relocation resulting from a project affects less than 200 people or where less than 10% of their properties are affected. It should be noted also that the A-RAP (or RAP as may be the case) will have to be fully implemented and PAPs will have to be compensated before the taking of the land/start of the civil works for the activity for which the A-RAP/RAP was prepared. As Project characteristics and field conditions are predominantly rural landscape formed by small farmers (from 0,5 to 5 ha) where electrification and a formal water supply system usually are not in place, it is suggested that the assets most likely to be affected will comprise:  land through permanent land acquisition (small portions)  land through temporary land acquisition (smaller portions)  Houses (most houses in the area have less than 20m2 and are built using local traditional materials)  other domestic structures (waterhole, extra rooms, hutch, corral mostly partially and in small quantities)  commercial enterprises (mostly informal, partially and in small quantities)  crops (in small quantities)  economic trees (in small quantities)  non-economic trees ( in small quantities)  ornamental plants (in small quantities)  cultural properties, sacred sites and graves (those are avoidable areas and shall be discussed and negotiated through participative process within affected communities)  public infrastructure (e.g. telephone and electric poles and lines)  loss of mobility and accessibility 31 All sorts of loss will follow the Mozambican Resettlement regulations and World Bank policy OP 4.12, with the later being always adopted whenever the two sets of regulations are in conflict. Loss of assets and compensation methods and valuation will be detailed in the entitlement matrix set out on Chapter 12 in accordance with Mozambican Resettlement regulations and WB OP/BP 4.12. Where avoiding the relocation and/or permanent loss of the above-mentioned assets will not be feasible related sub-projects will have to prepare resettlement action plans (RAP). 32 7 PRINCIPLES AND OBJECTIVES UNDERPINNING THIS RESETTLEMENT POLICY FRAMEWORK As soon as the details of land acquisition and involuntary resettlement become fully known, one or more Resettlement Action Plans (RAPs or A-RAPs) will be prepared to provide an implementation guide for the actions to be take to avoid and minimize interference as well as to restore lost assets and livelihood standards. When, however, the details of footprints of project intervention areas (that could lead to land acquisition and physical involuntary resettlement) are not fully known, as is the case with this project at this stage, a Resettlement Policy Framework (RPF) that establishes the policy principles and guidelines for the preparation by the Borrower of site specific RAPs is developed for both compliance with WB OP/BP 4.12 and public information and discussion. The principles outlined in the World Bank's Operational Policy OP/BP 4.12 as well as the GOM guidelines have been used in preparing this Resettlement Policy Framework15. These principles and the resettlement measures stemming from them will apply to all sub-projects, whether or not the scale and complexity of resettlement issues require preparation of an abbreviated RAPs. This Resettlement Policy Framework is being developed as part of Project preparation since the project will involve acquisition of land use rights leading to some potential minimal losses/restriction of access to some livelihood support resources and construction/rehabilitations of new and existing infrastructures (e.g. roads/feeder roads, warehouses, other infrastructures, farming areas, etc.). The objective of the Resettlement Policy Framework is to ensure that by screening changes in land-use and infrastructure development, identifying where acquisition of land use rights for public use is inevitable, and where involuntary resettlement and compensation for local people’s losses is unavoidable, that mitigating activities will be designed and carried out in a socially sustainable manner. This will require the provision of adequate resources to meet the needs of the project affected people (PAP) whether they are physically or economically affected by project activities. It also requires adequate, meaningful and participatory consultation with the project affected people to ensure that they fully understand their entitlements. Such participatory public consultation should include and pay particular attention to women, the poor and most vulnerable groups of the affected and host communities. Initial steps have been taken in this direction during the preparation of this RPF. Those who participated in public meetings were fully informed about the various aspects around project and resettlement although this was done in general terms as the footprint of subprojects was still unknown when initial consultations took place. It is a well-known fact that involuntary resettlement has the potential to cause severe long-term adversity, impoverishment, and environmental damage unless appropriate measures are carefully planned and carried out. The screening process provided through the development of this Framework is consistent with the Bank's safeguard OP/BP 4.12 principles and guidelines for Involuntary Resettlement. The policy requires that all activities financed by the Bank be screened for potential impacts, and that the required 15Involuntary resettlement should be avoided, or minimized, exploring all viable alternative project designs. Where it is unavoidable, resettlement activities should be conceived and executed as sustainable development programs, providing sufficient investment resources to enable the persons displaced by the project to share in project benefits. 33 resettlement and compensation be carried out on the basis of screening results. The Framework takes into account the provisions of the GOM legislation and the World Bank’s policy objectives on involuntary resettlement, which can be summarized as follows:  Resettlement should be avoided where feasible, or it should be minimized, exploring all viable alternative project designs.  Where it is not feasible to avoid resettlement, its activities should be conceived and executed as sustainable development programs, providing sufficient investment resources to enable the persons displaced by the project to share in the benefits of the project;  Displaced people should be meaningfully consulted and be provided with opportunities to participate in planning and implementation of resettlement programs;  Affected people will have to be fully compensated prior to the taking of land and start of the civil works;  Displaced persons should be assisted in their efforts to improve their livelihoods and standards of living or at least to restore them, in real terms, to pre- displacement levels or to levels prevailing prior to the beginning of project implementation, whichever is higher. Sub-project planning, implementation, monitoring and evaluation will be carried out in a participatory way in order to minimize negative impacts and ensure that sub-project benefits accrue to the affected people, particularly women, the poor and most vulnerable people (households headed by women, children, the elderly and differently abled people). It should also encourage monitoring of resettlement actions to ensure that affected people are not left worse off than they were before the sub-project. Below the various aspects to be dealt with and captured in RAP documents are presented. These are generalized indications of the step-by-step procedures to be adopted in RAP preparation. They should be adjusted to specific conditions determined by the subproject magnitude and general characteristics. Thus, depending on the nature and characteristics of the relationships between specific sub-projects and receiving natural and particularly social environment as well as the magnitude of the resettlement implications, specifically the RAP will cover, among other, the following aspects which will be further elaborated in the subsequent chapters of this document:  Project background: describing the (i) project context; (ii) socioeconomic profile of the project area, focusing on the districts, administrative posts, localities and villages/communities and affected households; (iii) project description and main components; and (iv) the need for resettlement/compensation.  Potential impacts: description of the most important potential impacts of the project by project component.  Socioeconomic studies and results of the census: (i) results of the census, assets inventories, natural resource assessments, and socioeconomic surveys; (ii) identification of all categories of impacts and people affected; (iii) summary of consultations on the results of the various surveys with affected people; (iv) the need for updates of the census, assets inventories, resource assessments, and socioeconomic surveys, if necessary, as part of RAP implementation, monitoring and evaluation. Annex 6 provides a template of a household census, which should be reworked and adjusted to the specific situation of each subproject 34  Legal and policy framework: (i) national legal framework including sector specific Resettlement Policy Frameworks16; (ii) World Bank Policy on Resettlement; (iii) comparison between National/Sector Resettlement Policy Frameworks and WB policies, complementarities/discrepancies and the way forward. Chapter 10 of this document provides more details about this particular and important subject in the guiding of resettlement planning, implementation and monitoring.  Institutional framework: (i) identification and listing of all relevant parties in the RAP and general specification of their roles and responsibilities. Chapters 13 and 14 provide more details about this aspect, including guidelines of institutional strengthening  Eligibility for compensation: (i) entitlement policies under the RAP – who is entitled to what under each category of losses included in the inventory, which can be seen in Chapter 12 and respective entitlement matrix.  Valuation of and compensation of losses: (i) criteria, laws and regulations used for the valuation of losses included in the inventory. The details related with this particular aspect can be seen in Chapter 11.  Resettlement and compensation measures: (i) public notification of the intention to acquire land; (ii) the purpose; (iii) the details of the proposal or plan for which the land shall be acquired and where this can be inspected; (iv) that any affected person may, by written notice, object to the transaction of his/her land and assets, giving reason for doing so to relevant; (v) resettlement and compensation approach for all affected assets and PAPs in line with expressed preferences and other considerations (cash, substitution, etc.).  Resettlement areas and new market sites: (i) measures to be taken to prepare resettlement infrastructure to restore and/or improve the living standards of PAPs.  Livelihood restoration and community development: measures focused on PAP restoration of food security, income generation, public health, water and sanitation, health and safety, professional education and capacity building, environmental education and cultural empowerment. Depending on each case, most of the planned activities addressing the issues above might be designed to promote better living conditions not only for the people directly affected by the Project but also for those indirectly affected within the same area, including host communities, where these will exist.  Housing, infrastructures and social services: (i) if applicable, additional interventions in the areas of housing, infrastructures and social services including measures to deal with HIV/AIDS prevention and preventing trafficking of people, etc.  Environmental protection and management: (i) ESIAs/ESMPs and RAPs and other safeguard measures that may be required for RAP developments (RAP internal projects in case these require any special environmental management measures)  Stakeholder consultation and participation: (i) document community consultation and participation during RAP preparation and specify what will be done during the subsequent phases of RAP implementation.  Integration with host population: (i) if applicable actions carried out or to be carried out to prepare host communities to welcome PAPs.  Grievances registry and redress procedures: (i) description of the step-by- step process for registering and addressing grievances; (ii) specific details regarding a cost-free process for registering complaints; (iii) response time and 16E.g. entities such as ANE (Roads) and FIPAG (urban water supply) have their own resettlement policy frameworks 35 communication modes; (iv) description of the mechanism for appeal; and (v) description of the provisions for approaching civil courts if other options fail.  Organizational responsibilities: (i) institutions that will be required to provide general direction and management including day-to-day management of the various issues (at the various levels (household, community, local, district, provincial, central, etc.).  Implementation schedule: (i) chronological steps in implementation of the RAP, including identification of agencies responsible for each activity and with a brief explanation of each activity; (ii) month-by-month implementation schedule (using a Gantt chart, for example) of activities to be undertaken; (iii) linkages between resettlement implementation and initiation of works for each of the project components.  Costs and budgets: (i) identification of resettlement costs, if any, and the mechanisms that will be established to ensure coordination of disbursements with the RAP and the project schedule; (ii) preparation of an estimated budget, by cost and by item, for all resettlement costs including planning and implementation, management and administration, monitoring and evaluation, and contingencies; (iii) description of the specific mechanisms to adjust cost estimates and compensation payments for inflation and currency fluctuations; (iv) description of the provisions to account for physical and price contingencies; (vi) description of the financial arrangements for external monitoring and evaluation and the process for awarding and maintenance of contracts for the entire duration of resettlement  Monitoring and evaluation: (i) description of the internal/performance monitoring process; (ii) definition of key monitoring indicators derived from baseline survey; (iii) list of monitoring indicators that will be used for internal monitoring: (iv) description of institutional (including financial) arrangements; (v) description of frequency of reporting and content for internal monitoring; (vi) description of the process for integrating feedback from internal monitoring into implementation; (vi) definition of methodology for external monitoring including key indicators; and (viii) description of arrangements for final external evaluation. The RAP document will also contain a series of practical recommendations on actions to be adopted to ensure a smooth restoration of affected people’s lives as well as a series of annexes that will include: copies of census and survey instruments, interview formats, and any other research tools; information on all public consultation including announcements and schedules of public meetings, meeting minutes, and lists of participants; examples of formats to be used in monitoring and reporting on RAP implementation. These aspects are dealt with in the subsequent Chapters of this Report and/pr its annexes. Under this project, which is expected to be associated with subprojects of minor to medium resettlement implications, it can be anticipated that in most cases only some of the above-proposed chapters and their development below will need to be developed in detail. However, they offer a useful and practical guide to ensure that all aspects, including those that may not need to be developed in detail are adequately considered. Together all the aspects that have been covered above and below assist in ensuring that both the WB and GOM policies and regulations are put in place. 36 8 THE SOCIAL SCREENING PROCESS A combination of strategies will be used to ensure that sub-projects are compliant with the GOM regulations and WB policies on involuntary resettlement in terms of avoiding/minimizing its occurrence in the first place and subsequently in turning into in a development opportunity where it is going to be unavoidable. The Environmental and Social Screening Form (Annex 2) developed as part of the formulation of the ESMF for the Project will be used to facilitate the pre-assessment process. The ESSF includes but it is not limited to:  identification of potential environmental and social impacts and the identification of health and safety risks;  determination of their significance;  assignment of the appropriate environmental category;  determination of appropriate environmental and social mitigation measures; and  determination of the need to conduct an ESIA, a freestanding ESMP and/or to prepare Resettlement Action Plans (RAPs) where required or determine that no action needs to be taken. The need to prepare RAPs is of particular importance for this document. Thus, in line with what is of importance for this document where the ESSF and the screening process will indicate that a RAP and/or A-RAP is necessary further assessment should be conducted in order to: (i) confirm that all reasonable efforts have been made to avoid and minimize land acquisition/resettlement; (ii) identify that RAP is required because it wasn’t possible to avoid it entirely; (iii) determine whether a full RAP or A-RAP is required; and (iv) determine whether there are vulnerable and/or severely impacted PAPs that require special provisions in the RAP. As indicated earlier under this group fall women, children, the elderly and differently abled peole and specially households headed by such people The form can be used in combination with the “Preliminary Environmental Information Sheet� (Ficha de Informação Ambiental Preliminar) also provided in Annex 3, which is commonly used to screen projects under the Mozambican ESIA/ESMP process. Preparation activities for the screening process will include a desk appraisal of the intervention (e.g. construction and rehabilitation plans as well land demarcation in the case of this project) for sub-project related infrastructure and development. Subsequent to the desk appraisal of the interventions, the initial screening of the proposed sub-project activities will be verified in the field, with the Environmental and Social Screening Form (ESSF) prepared by Project Safeguard staff. The District Environmental Officers, stationed at the SDPI and/or municipalities, will do the verification. Subsequently, they will oversee the implementation of the required measures It is during this stage and through this initial information about the project that relevant entities become informed about the potential intervention and the category under which it falls in terms of the ESIA process (see project ESMF document for more details). This offers an important opportunity for project screening and feedback, including assessing it in terms of resettlement implications. 37 The public participation process foreseen under the ESIA and RAP processes, mainly during the Scoping and Final Phases as well during the RAP itself also offers valid opportunities for continuous assessment and identification and communication of issues of interest for a proper management of resettlement issues. Two other important aspects to be considered to ensure that the siting of the sub-projects is compliant with the need to avoid/minimize resettlement are (i) integration and harmonization with the district land use plans; and (ii) consultation and participation. Integration and harmonization with the district land use plans In addition to defining the district as the main territorial planning unit the GOM, the Land Planning Law (Law nº 19/2007 of 18 of July) and its regulation, require all districts to have land use plans, the District Land Use Plans, better known as PDUT. Land use plans are meant to provide adequate zoning for interventions based on suitability of the different land areas and respective pre-conditions as well as social interests. These plans are a way of exercising holistic and integrated approach to land and natural resources management, including strategic planning. As shown in Annex 1, all nine of the districts in the project are have these plans at the same time that towns and cities are in the process of preparing their urban plans (PPU and PP). The siting of subprojects will benefit immensely from being harmonized with the district land use plans and/or PPU/PP in urban areas. An adequate zoning at the district and municipal level should be able to provide sound guidance regarding the best siting for each specific intervention. As also discussed under Chapter 6 of this document the so called “expansion areas� (new areas) mainly around cities, towns and villages are usually less occupied and involve limited or no resettlement implications while the densely populated and occupied areas require more resettlement even if this can be integrated in a medium to long term planning. This will apply for the land demarcation foreseen under this project. During the public consultation process that took place in February 2016 (see Annex 7 for more details on results of public meetings) as part of the preparation of this RPF and related ESMF and PMP repeated references were made to the need to also harmonize this project with other projects in the same area (e.g. PROSAVANA, Forests Green Resources, etc.) including the ongoing land titling processes. This will be further elaborated in the chapter dealing with mitigation measures. The newly created Ministry of Land, Environment and Rural Development (MITADER) has taken a step forward in its drive to harmonize resettlement and land use planning by creating a national directorate that combines these two important areas of operation namely the national directorate of land use plan and resettlement (DNPTR). It is to be expected that over time this will be beneficial in undertaking resettlement interventions, although in the short term land use restructuring tends to be accompanied by resettlement implications. However, due to a multitude of reasons most of these plans may be in need of improvements and updating. It is highly recommended that the project, particularly in light of its relative focus on land use planning and improvement of land tenure systems, be of assistance in the development and updating of local land use plans. Mainly in densely populated/occupied areas this assistance can come in the form of requalification under which a medium to long term program is established to transform land use and occupation to a pattern that is more in line with the best practices in this particular area of activity. The land delimitation and individual land tenure titling foreseen under the project needs to pay attention to these requalification process when intervening in such 38 areas. resettlement under requalification processes must follow the resettlement principles and particularly OP 4.12. Consultation and participation Local people and communities as well as their representatives need to be continuously involved in the decision-making related with the diversity of Project interventions. The various pieces of Mozambican legislation on land and environmental management place public consultation and participation at the top of the agenda. The preparation of the ESMF and this RPF has started this process of public consultation and involvement. The main outcomes of the process can be seen in Annex 7 and in Chapter 15. During the subsequent phases of the project implementation efforts should be made to ensure that the provisions in those regulatory documents are strictly followed. Local people/communities and their representatives are properly placed to streamline the needs of local stakeholders and to promote the local resource management capacity. It is fundamental that by all means the Project does not contribute in any way to create land conflicts and/or exacerbate any such conflicts, where they exist. It is a known fact that if not adequately planned projects such as this have the potential to bring employment, infrastructure and modern technologies but they can also contribute to landlessness, local food insecurity, environmental damages, rural-urban migration etc., which are not desirable outcomes. Chapter 15 of this document offers better contextualization and practical recommendations to be adopted in the conducting the public participation process. Additionally, under the Project the feasibility studies as well as project final design and implementation will be carried out in such a way that there will always be attention paid to the need to avoid/minimize resettlement. It is a known fact that there are practical mechanisms that can be applied in the project cycle to ensure that avoidance and minimization of resettlement are achieved. One such example is the adoption of the “Corridor of Impact� for standard infrastructures such as roads, water supply, etc. instead of “right-of-way�. While the “right-of-way� refers to the areas surrounding infrastructures that, by law, should be free from any form of occupation the “corridor of impact� refers to the space absolutely necessary for construction and operation of an infrastructure. The latter is usually narrower and opens opportunities to avoid/reduce the number of people/assets that need to be resettled. This is a practical recommendation taken from best practices that has been creatively adopted in many projects in Mozambique even though the Mozambican law and regulations do not specifically refer to it. The pattern of land occupation in Mozambique usually derives a lot of benefits from the adoption of this approach. 39 9 PREPARATION REVIEW AND APPROVAL OF RESETTLEMENT ACTION PLANS (RAP) MITADER will be the host institution for the Project. It will work hand in hand with other ministries/sectors involved in different aspects of project development (e.g. agriculture, public works, trade, etc.). Chapter 13 deals specifically with the institutional framework that will be adopted for this project. In line with what has been normal practice in Mozambique in the last close to two decades project/subproject Developers, being they public or private, are assigned to a specific sector (i.e. agriculture, public works, energy, water, etc.), depending on what is dominant in the specific activity they intend to develop. Consequently, all the subprojects will have a sectoral definition, i.e. associated essentially with a specific sector such as public works, agriculture, trade, water supply, transport, etc. The sector entities will be the subproject “Developers� working in close collaboration with MITADER as the host institution for rural development as a whole and particularly the host of Landscape Project, i.e. the Project. Note should be taken of the fact that rural development, which is a cross-sectoral and horizontal undertaking, is shaped by a combination of specific and vertical interventions led by the government technical departments. Note should also be taken of the fact that MITADER is now going to be the host institution at the same time it will be the institution having a final say on all issues related with all stages of ESIA/ESMP and RAP/A-RAP preparation by virtue of it also being the entity responsible for these aspects. Now that MITADER has also been given a few sectoral/vertical responsibilities such as land, forests and conservation management it can also be a Developer and in this case this will also be associated with the fact that it is the host institution for Landscape. These are new developments directly associated with the recent change (as from January 2015) in the mandate of the Ministry of Environment, which for more than two decades had only been the Ministry of Environmental Coordination without any direct vertical interventions. How this is going to be carried out smoothly it still remains to be seen and Landscape project offers a good opportunity to test how the various aspects work out in practice. Following the steps foreseen in the ESMF for this project, the different Developers and the Project Social and Environmental Safeguards Specialists in collaboration with MITADER at the district (SDPI) and provincial (DPTADER) levels and other interested parties responsible for subprojects will work together in project screening to determine and finalize categorization. The Screening Reports to be used for project categorization will be in the hands of the sector entities (“Developers�) and Categorization will be done by MITADER through its National Directorate for Environment (DNA)/Department of Environmental Licensing (DLA) at the Provincial Level17. The Developers will in close consultation and collaboration with ANRLMP/PIU at all stages of the process to ensure that subprojects are in line with the overall ANRLMP arrangements and objectives. 17 Category B projects can be fully managed at the provincial level. 40 Category B Projects Consultants Simplified ESIA/ESMP RAP or A-RAP Consultants/Developer/Stakeholders MITADER Final Environmental Licensing Figure 9: The ESIA and RAP processes in Mozambique for the project Because of the magnitude of its impacts and categorization under B in terms of the ESIA process, as shown in the flow chart above, project categorization will be followed by the preparation of ESMP and A-RAP for most of the ANLRMP subprojects if not all, with a few falling under Category C. It is not expected that subprojects will fall under A or A+ foreseen in the previous and new ESIA Regulation (45/2004 and 54/2015). The new Regulation enters into force as per the 1st of April 2016. Private Consultants paid by the Project, i.e. ANRLMP funds, will carry out the actual work. Staff at the district level stationed at the districts services of economic activities (SDAE18) and planning and infrastructures (SDPI19) will be trained and assisted by the project to have a good understanding and skills to participate in the process. The extent and detail of subproject screening and for planning and information needs will depend on the severity of impact. The process shall include, among other, a baseline study and a census to determine the level of impact to PAPs, and their assets; and establishment of the cut-off date. More specifically the following steps will be adopted, which as summarized in the table and better described in the text: 18 SDAE are responsible for all economic activities at the district level, including agriculture and trade. 19 SDPI are responsible for infrastructure planning and development including roads/bridges, buildings, water supply and sanitation, etc. 41 42 Table 4: Roles and responsibilities in implementing ESMF/RPF and preparing ESIA/ESMP/RAP Roles Intuitional responsibilities Assistance/Collaboration Screening of Project Activities Developers: MASA, ARA, PIU-ESSS and Sites MOPHRH/ANE, MITADER, MIC Hired Service Providers (to prepare the Screening Report) Assigning the Appropriate MITADER at provincial level PIU-ESSS Environmental and Social (DPTADER) Categories including confirming/determining if a RAP/A-RAP is necessary Carrying out Environmental Hired Service Providers PIU-ESSS and Social Work Environmental and Social Hired Service Providers PIU-ESSS Checklist Environmental and Social Hired Service Providers PIU-ESSS Impacts Assessment Developers: MASA, (ESIA)/Environmental and MOPHRH/ANE, Social Management Plan MITADER, MIC (ESMP/Resettlement Action Plan (RAP) Subproject Review and MITADER at provincial level PIU-ESSS/WB Approval (inlcudng approval (DPTADER) of RAPs) Participatory Public Developers: MASA, District/Local authorities Consultation and Disclosure MOPHRH/ANE, MITADER, MIC Hired Service Providers Grievance Mechanism Hired Service Providers District/Local authorities Monitoring Reports and Developers: MASA, District/Local authorities review MOPHRH/ANE, MITADER, MIC Hired Service Providers Environmental and Social MITADER/WB PIU-ESSS/WB Audit Step 1 - Preparation and Approval of Project Activities: the Developer or the consultant hired for that effect will prepare the project activities to be undertaken in the proposed sites in terms of construction, rehabilitation and maintenance works. After the screening phase (reports to be prepared by Private Consultants hired by ANRLMP/PIU) and project categorization (to be done by DPATER) and completing the ESIA and ESMP processes (to be done jointly by Private Consultants, DPTADER, Developers and PIU), projects or subprojects that will have a potential for resettlement will have active and informed participation of stakeholders in the preparation and implementation of RAPs. Step 2- Screening of activities and determination of the need for a resettlement instrument. Following screening by MITADER at provincial level (DPTADER) with assistance from PIU-ESSS, and determination that a RAP or A-RAP is needed, the ANRLMP/PIU will hire a RAP consultant to prepare the relevant resettlement plan. Step 3 – Socioeconomic Surveys and Census: the RAP consultant will carry out a socio economic survey and a baseline census; and collect any relevant additional quantitative and qualitative information on the PAPs, land and the assets to be affected. 43 The start of the cencus is also the cut-off date for eligibility for compensation. The census will identify the PAPs (focusing on the individual household and vulnerable groups) and; assess their incomes and assets, for preparation of the RAP. A template for collecting most of he data about the PAPs is provided in Annex 6. Step 4 - Valuation of Assets and Determination of Compensation: on completion of the socio-economic survey and the baseline census, the RAP consultant will evaluate the assets and propose the compensation value. Chapter 11 of this document provides guidelines for asset valuation as used in Mozambique and the WB requirements. The compensation lists in the RAP should not contain names, only a code for each PAP. The PAP should be given his/her code to claim compensation. A separate list with the PAPs names should be kept by the consultant and the Project Management. This list should be kept confidential as it contains personal information of the each specific PAP and their compensation amount, so as to protect PAP privacy. Step 5 - Preparation of the RAP: a RAP document shall be prepared by ANRLMP/PIU Hired Consultants and include details of the socio economic survey and the census of affected persons and their assets, in line with this RPF. The ANRLMP/PIU shall inform and hold consultations with the PAPs during the preparation of the RAP. Step 6 - Evaluation and approval of the RAP: the Developer assisted by the Hired Consultant under ESSS supervision and after WB approval shall forward the RAP, together with any additional information, to the respective institutions (MITADER, MASA, MOPHRH) and to the Provincial and District Authorities and their working teams for specific subprojects at the provincial and district level to scrutinize them to ensure compliance with the requirements in force. Ultimate responsibility for RAP approval, subject to prior World Bank review, rests with MITADER. 9.1 General Considerations According to the World Bank Involuntary Resettlement (OP/BP 4.12) principles and guidelines, all ANRLMP construction activities and other activities (e.g. land demarcation and titling) that trigger the policy and therefore require resettlement action plans will be subjected to final approval by the World Bank, to ensure compliance with the Bank’s safeguards. This should be ascertained as soon as subproject categorization is done and thoughout all phases of the ESIA/ESMP processes and particularly during all phases of the RAP process. The Social Safeguards Specialists will constinuously ascertain that land is actually acquired or access to resource is lost, denied, or restricted; and that the individual resettlement action plans are consistent with this RPF. The World Bank shall provide final clearance and approval of the RAPs, which shall be in accordance with the applicable by-laws, sectorial requirements as well as the World Bank Policy requirements. 9.2 Public Consultation and Participation As supported by World Bank Safeguards policies and Mozambican regulations, projects involving resettlement should systematically involve public consultation and participation. According to the level and magnitude of impacts, the Public Consultation Directive of MITADER (particularly at Provincial Level -DPCAs) could be applied. In this regard public consultations, through participatory appraisal will be mandatory for all projects requiring land acquisition, compensation and resettlement. 44 During screening 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 sites for the project activities, facilities and structures. The affected persons must be made aware of: a) Their options and rights pertaining to resettlement and compensation (in kind and in cash); b) The precise technically and economically feasible options and alternatives for resettlement sites; c) The process and proposed dates for resettlement and compensation; d) Effective compensation rates, at full replacement cost, for loss of assets, services or ancillary items; and e) The proposed measures and costs to maintain or improve their livelihoods and living standards. Public consultations at the screening stage will aim at: a) Disseminating concepts for proposed project activities with a view to evoking project interest amongst the communities; b) Inviting contributions and participation on the selection of project sites; c) Determining community willingness to contribute towards long term maintenance of the project facilities. During public consultation, there is a need to clarify the criteria for compensation and ways of resolving conflicts, whci will then be applied individually. The details of these processes are provided mainly in Chapter 15 of this document. 9.3 Approval and Public Disclosure of the site specific RAPs Final approval of the RAPs/A-RAPs is the prerogative of DPTADER in response to submissions made by the subproject Developers assisted by hired consultants paid by ANRLMP/PIU funds. Once the RAP has been prepared, it must be forwarded to the Ministry of Environment (MITADER). MITADER will send the RAP to relevant institutions in each case, e.g. Regional Water Administrations ARA Centro Norte and ARA Norte, for irrigation projects or any other involving water resources, Ministry of Women, Children and Social Affairs, etc., Provincial and District authorities for endorsement and recommendations. The World Bank will also have to be asked to endorse the RAP. Once approved along with the other site specific ESIAs/ESMPs, the RAP, like the ESMF and RPF will also be disclosed publicly both in-country and at the InfoShop prior to implementation. Disclosure excludes the names of PAP as well as the amounts/entitlements involved in compensation/life restoration. These will be available separately to be used by project managers for various resettlement management tasks. 45 10 LEGAL FRAMEWORK In terms of the Constitution in Mozambique there is no land market as such. The land belongs to the state and people and other entities may acquire the right to use it. The principles and objectives guiding land acquisition, loss of assets or impact on livelihoods and resettlement in Mozambique are embedded in the relevant policies and regulations, which remain largely dispersed. Among other, the guiding principles include:  There should be compensation upon land acquisition, resettlement, loss of assets and impact on livelihood;  There should be no distinction between compensation for land with formal title deed and customary land. These and other principles are presented in this Chapter, which highlights the relevant policies and legislation. 10.1 Relevant Mozambican Laws and Regulations The ESMF, informed by the Environmental Assessment (OP/BP 4.01), which is also the umbrella OP under the WB regulatory framework makes a fuller listing of the laws and regulations governing the environmental and social safeguards applicable to the project. Under this RPF a listing and summary of the main legal and regulatory instruments relevant to guide resettlement processes is presented below: 46 Table 5: Summary of national applicable laws and regulations under resettlement Law/Regulation Context and Content Applicability to the Project and Main Remarks Decree 31/2012, the new After many years of not having a single instrument to guide resettlement planning and It is a relatively new decree, whose practical “Regulation on the action on 8 August 2012 the GOM decided to fill the gap by approving this instrument. implications are still to be seen and Resettlement Process assessed. Preliminary indications are that it Resulting from Economic Article 15 indicates that a Resettlement Action Plan is part of the Environmental Impacts does not solve the need to be specific in Activities and related Assessment, as per Decree 45/2004, of September 29 of the latter process. In December certain areas of the resettlement process regulations i.e. decrees 2015, after a long consultative process this decree was replaced by Decree 54/2015, which continue to be spread over a series of 155/2014 and 156/2014 on which will be enacted soon (1st of April 2016) to be the main guiding document for ESIA legal documents. The document also lacks a Internal Regulation for processes. In many aspects and particularly those related with resettlement the new framework and does not elaborate on the Resettlement Technical decree is similar to the aforementioned. need to avoid/minimize resettlement Commission and Technical Guidelines for Preparation and Thus, the document has to be creatively In terms of principles the new (resettlement) regulation establishes that the resettlement Implementation of Resettlement process should ensure social cohesion, social equity and direct benefits in that affected combined with other legal and regulatory Action Plan people should directly benefit from the interventions that caused their resettlement and documents to devise the best measures to respective socioeconomic impacts. be adopted in relation to specific issues. Crucial aspects are discussed in this document and have been common practice In the definition of objectives, the regulation restates the principle of turning resettlement into a development opportunity by allowing affected people to enjoy quality life, social in Mozambique equity and ensuring the sustainability of the physical, environmental, social and economic aspects around them. Among other, the OP /BP 4.12 of the World Bank on Involuntary Resettlement, which is endorsed by the Mozambican government In line with the ultimate interest of linking resettlement with District Land Use Plans, it also indicates that District Governments should approve resettlement action plans and that this as has been the case of the resettlement procedures undertaken to date by should be done by the department that supervises land use planning at that level. As said development initiatives, is adopted as the the links between resettlement and land use plans have been further reinforced by the guiding document in solving inconsistencies. recent establishment of a national directorate that deals cumulatively with land use plan This is mandatoray under this project. and resettlement, i.e. the national directorate of land use planning and resettlement (DNPTR), within MITADER, In relation to the rights of the affected people, the regulation states that these are entitled to: 47 Law/Regulation Context and Content Applicability to the Project and Main Remarks  The reestablishment of income and living standards that are equal and/or superior to what they had before resettlement;  Have their assets transported to the new site;  Live in an area with adequate social and economic infrastructure;  Have enough space to develop their subsistence activities; and  Give their opinions throughout the entire resettlement process. It then elaborates on the various units that, from the government side, should closely supervise, monitor and evaluate the resettlement process to ensure that the best practices are adopted and that lessons are learnt to benefit the process at hand and other related processes in the country. Article 13 of the Regulation deals with “Public Participation� and emphasizes that resettlement should be participatory throughout its phases and that major public meetings should be formally made known. Article 14 highlights the imp ortance of the “Right to Information� by affected people and other relevant stakeholders. In relation to public participation and disclosure in general, Article 23 clearly states that the planning, preparation and implementation of a RAP should result in at least four (4) public meetings, which should be heralded in local media. Articles 16, 17 and 18 deal with specific aspects related with the types of resettlement, land and housing specifications, including details about the social and economic infrastructure that should be made available to the resettled people. Articles 19, 20, 21 and 22 delve into the steps and work contents related with the planning, preparation and implementation of the RAP and provide the guidelines to be adhered to. In 2014 and after a few years of adopting Decree 31/2012 additional regulations were enacted (i.e. decrees 155/2014 and 156/2014 on Internal Regulation for Resettlement Technical Commission and Technical Guidelines for Preparation and Implementation of Resettlement Action Plan, respectively) to govern practical aspects related with the implementation of the main decree 48 Law/Regulation Context and Content Applicability to the Project and Main Remarks Land tenure and land issues Mozambique’s Constitution: in relation to Land aspects, stipulates: (i) the maintenance Applicable but it has limited practical use to of land as State property; (ii) land may not be transferred (i.e. sold) and the country does deal with compensation uses particularly not have a “land market� per se. Holders of land rights are able to transfer improvements, compensation, land valuation, etc. due to its such as buildings, from one party to another. Furthermore, other than stating that approach to land markets. compensation should be paid when land is expropriated in the public interest, both the Constitution and the Land Law (see below) do not expand on issues related to Current practice in Mozambique, which will compensation, in terms of the principles, forms, eligibility, valuation, adequacy, extend to this project is to use OP /BP 4.12 procedures, timing and responsibilities; (iii) the safety of access and use of the land by the of the World Bank on Involuntary population and the investors (…), recognizing the rights of customary access and Resettlement to deal with practical aspects. administration of the land by rural resident populations, promoting the social and economic justice; (iv) the safeguard of the rights of women to access and use of the land; and (v) the sustainable use of natural resources, to guarantee quality of life for the actual and the future generations, ensuring that the areas of total and partial protection maintain their environmental quality and the specific intentions they were established for . Applicable and of high value in the recognitition of land use and tenure rights of all PAP regardless of the nature of their land Land Law, no. 19/1997 provides the basis for defining people’s land use rights, prov iding rights (formal/customary) the details of rights based on customary claims and the procedures for acquisition of titles for use and benefits by communities and individuals. The law recommends a consultation- based process that recognizes customary rights as the means for identifying the claims of Applicable but consideration needs to be communities and individual members of communities without titles. made of the fact that due to poor law enforcement encroachment is the norm in Mozambique rather than an exception. Regulation of the Land Law , approved by Decree 66/98, of December 8th, indicates that PAPs should be treated equally the approval of the construction of public infrastructures, including underground water irrespectively of their encroachment status works, will result in the automatic creation of Partial Reservation Areas i.e. right-of-way (ROW) of 50 m, that borders them. One can neither acquire the rights to use and benefit from that land nor develop activities without a license. In practice, this provision is not followed and with poor law enforcement in many parts of the country the encroachment of the ROW tends to become the norm. Experience with several projects in Mozambique indicate that the valuation of The Regulation of the Land Law also identifies the fees to be paid by holders of land agricultural assets under Ministerial Diploma titles, before demarcation and authorization are completed, as well as the annual fee for 144/2010 of August 24 results in values that rights of land use and benefits. These fees have recently been updated (2010 20). The 20 Ministerial Diploma 144/2010 of August 24 that updates the fees to be paid by applicants to land use rights. 49 Law/Regulation Context and Content Applicability to the Project and Main Remarks Regulation also recommends compensation resulting from losses by transfer, with basic are usually outdated and not acceptable to guidelines for compensation in the form of tables produced and updated by Provincial PAPs. Directorates of Agriculture. These tables cover the average values (the market value) attributed to several temporary and permanent arboreal crops. In 2010, the National Current practice in Mozambique, which will Directorate of Agrarian Services, within the Ministry of Agriculture, produced and updated extend to this project is to use OP /BP 4.12 these tables for the entire country. of the World Bank on Involuntary Resettlement to deal with practical aspects of valuation of agricultural assets. Applicable and useful in providing a valid framework for medium to long term land use planning that if adhered to will reduce resettlement needs in the future. Territorial Planning Law: has the purpose of ensuring the organization of national land and sustainable use of its natural resources; observin g legal, administrative, cultural As with the agricultural assets Ministerial conditions; and providing favorable conditions for the socioeconomic development of the Decree 181/2010 of November 3 results in country; the promotion of quality of life of the population; and environmental protection and values that are usually outdated and not conservation. This law is applicable at all levels, from national to district level, and requires acceptable to PAPs. Current practice in the preparation of territorial (national, provincial, district, municipal/town) master plans in Mozambique, which will extend to this line with actual conditions at each level. Among other, this law confirms that expropriation project is to use OP /BP 4.12 of the World for the public interest shall give rise to the payment of fairly calculated compensation in Bank on Involuntary Resettlement to deal order to compensate for the loss of tangible and intangible goods and productive assets with practical aspects of valuation of tangible as well as for the disruption of social cohesion 21. Ministerial Diploma 181/2010, approved and intangible assets. in November 2010, is also meant to govern this process of compensation. The Decree No. 23/2008 Territorial Planning Law: Article 68 (No. 2a) further specifies that expropriation for the purpose of territorial planning is considered to be carried out in Public announcement by Cabinet has not the public interest when the final objective is safeguarding the common interest of a been and it is not yet current practice. There community through the installation of economic or social infrastructure with large positive are no clear mechanisms to follow it and it can social impacts. Article 70 (Nos. 1-3) also establishes that fair compensation must be paid take a lot of time. Alternative ways of before the transfer or expropriation of property and assets, and should not only cover the overcoming this gap become necessary and 21 A specific document regulating the process was approved in 2010 (Ministerial Decree 181/2010 of November 3). 50 Law/Regulation Context and Content Applicability to the Project and Main Remarks real value of expropriated assets, but also damage and loss of profit. As mentioned above have been applied in many WB funded specific aspects related with compensation are also governed by Ministerial Diploma project in Mozambique and will need to be 181/2010. This diploma also reiterates the provision in Chapter 10 of Decree N.º 23/2008 applied in this project. in that land taking for the fulfillment of public interests should be made public by the Cabinet under the proposal of the developer. Valuation of assets and losses After many years of a relative vacuum in this area, in the last five-six years there have Applicable as already indicated above. The and compensation for losses been new and significant developments in the regulation of compensation for agricultural regulations in force for asset and loss and infrastructure assets. As said "Regulation No. 66/98 of the Land Law� recommends valuation will be applied where they offer compensation resulting from the transfer of losses, with basic guidelines for compensation answers to issues to be addressed. in the form of tables produced and updated by Provincial Directorates of Agriculture, However, as also indicated practice in covering average values (market value) attributed to several annual crops and trees, but Mozambique, which will extend to this these were rarely available and in most cases they were ever up to date when needed. In project is to use OP /BP 4.12 of the World 2010 the National Directorate of Agrarian Services, in the Ministry of Agriculture, produced Bank on Involuntary Resettlement to deal new tables for temporary and permanent crops, which also require updating but no concise with practical aspects of valuation of tangible criteria has been offered for such a process. and intangible assets. According to national regulations, for infrastructures but also crops, recently (November 3rd, 2010), the then Ministries for the Coordination of Environmental Affairs (MICOA), Finances (MF) and Justice (MOJ) approved the Ministerial Decree nr. 181/2010 on "Expropriation Process Related with Territorial Planning". In addition to putting into practice important aspects of the Territorial Planning Law ( Law nr. 19/2007) and the regulation of that law (Decree nr. 23/2008) this Decree gives important steps in filling the gap that existed on the calculation of values for compensation. In its point “4.2.1 Terms for calculating infrastructure� the diploma covers terms for calculating infrastructures and crops. The Diploma does not necessarily revoke the provisions that already existed but provides them with greater consistency. Yet it seems that it does not overcome the shortcomings of "updating prices", and it is also void on infrastructures built using precarious (local) materials, which are usually the most affected when resettlement is also associated with poor land use planning and poor law enforcement in rural areas as will be in most cases under this project. However, World Bank Operational Policy on Involuntary Resettlement (OP 4.12), requires that compensation must be made at current replacement cost, i.e. without depreciation for age of a structure or type of building material. Therefore in the project that standard from OP 4.12 will be applied. 51 Law/Regulation Context and Content Applicability to the Project and Main Remarks Regarding particularly to infrastructures, a factor which tends to result in lower prices when using the legal mechanisms is the �depreciation�, which the existing laws and regulations require that be considered. In all cases the existing laws and regulations do not give straight forward answers and are open to different forms of interpretation which tends to lead to different results when applied by different resettlement practitioners. Experience has shown that the above-mentioned tables, both for the agricultural sector and for the public works and housing, are rarely available and when available are often outdated. Moreover, for various reasons, the Mozambican market rarely provides reliable, consolidated information about prices of comparable assets or acceptable substitutes. This has led practitioners of resettlement actions and project developers to look for alternative ways and arrangements to make calculations and valuation that refer only to the costs of tangible assets (i.e. direct/tangible). Intangible aspects (e.g. sentimental attachment to the affected assets, proximity to neighbors or relatives, sacred sites, aesthetic values, etc.) should be treated (negotiation/valuation) separately in consultation with all relevant stakeholders. From 0% to 20% foreseen in the Decree 181/2010, the Project will need to decide on the applicable percentage (%) factor be used as disturbance factor to compensate for a certain number of assets and situations. Natural resources usage In regard to natural resources usage rights and environmental protection in general there All legal and regulatory provisions presented rights have been several domestic developments as well as the endorsement of several regional in the ESMF on the rights of PAPs to access and international provisions that have become national law. The Project’s ESMF doc ument and use of natural resources will be applied presents a concise description of relevant aspects. The present RPF should be used in combination with the Project ESMF to cover those aspects. Social welfare legislations The Provincial Directorate of Gender, Children & Social Action (DPGCAS) of MGCAS and Applicable. Moreover the project will link with the National Institute of Social Affairs (INAS), are responsible for the subsidy to the poorest INAS initiatives to protect the most and destitute members of the population and for guaranteeing that the rights of the most vulnerable groups such as women, children, vulnerable are respected. Although there are no specific legal guidelines for the social the eldely and differently abled people and aspects of resettlement, the ratification by Mozambique of the International Conventions particularly households led by those people on the Child's Rights and Human Rights, the Elimination of All Forms of Discrimination to ensure that they are adequately protect. Against Women, the Mozambique’s agenda on Human Settlements and the Labor Law One well known intervention is the Produtive define specific rights based on the fairness and in the equality of opportunities, without Social Welfare Program (PASP), under discrimination, to the benefits of the enterprises and private investments which abled members from vulnerable 52 Law/Regulation Context and Content Applicability to the Project and Main Remarks groups are given the opportunity to provide labor for cash to embark on the implementation of interventions that can be developed using intensive labor 53 In short, where national legislation is not in line with the intrinsic interest set out in the WB OP 4.12 the practice in Mozambique in the last 15-20 years is to adopt the WB guidelines. This will be the case under this project in regard to the aspects that have been presented and will further summarized below. MITADER in particular in its capacity as the environmental and social licensing entity has been at the forefront of this adpatative process and is in good position to replicate valuable lessons learned. In the same way as the ESIA Regulation that is now entering its third version, as from April 1st, after the versions enacted in 1998 (76/1998) and 2004 (45/2004), Resetlement Regulation is currently being reviewed and adjusted in order to be in line with the international best practices, including the WB OP 4.12. It is to be expected that a new version that will replace the current Regulation 31/2012 and related provisions will see the light anytime soon and most probably in the course of Landscape Project implementation. 10.2 World Bank Policy Requirements The World Bank has adopted the following policy objectives in relation to involuntary resettlement: a) Involuntary resettlement should be avoided where feasible, or minimized, exploring all viable alternative project designs; b) Resettlement activities should be conceived and executed as sustainable development programs, providing sufficient investment resources to enable the persons displaced by the project to share in project benefits. Displaced persons should be meaningfully consulted and should have opportunities to participate in planning and implementing resettlement programs; and c) Displaced persons should be assisted in their efforts to improve their livelihoods and standards of living or at least to restore them, in real terms, to pre- displacement levels or to levels prevailing prior to the beginning of project implementation; whichever is higher. Under the WB definition a resettlement action may include (i) loss of land or physical structures on the land, including business, (ii) the physical movement, and (iii) the economic rehabilitation of project affected persons (PAPs) in order to improve (or at least restore) the levels of income or life prevailing before the action causing the resettlement has taken place�. Where resettlement is unavoidable, the bank has provided the following guiding principles in order to achieve the above-mentioned objectives: a) Preparation of a resettlement policy framework and resettlement action plan that ensures that displaced people are :  Informed about their options and rights pertaining to resettlement;  Consulted on, offered choices among, and provided with technically and economically feasible resettlement alternatives;  Provided prompt and effective compensation at full replacement cost for losses of assets attributable directly to the project;  Provided assistance (such as moving allowances) during relocation;  Provided with residential housing, or housing sites, or, as required, agricultural sites for which a combination of productive potential, locational advantages, and other factors are at least equivalent to the advantages of the old site; 54  Offered support after displacement, for a transition period, based on a reasonable estimate of the time likely to be needed to restore their livelihood and standards of living;  Provided with development assistance, in addition to compensation such as land preparation, credit facilities, training, or job opportunities; and  Provided with an opportunity to resolve disputes through a grievance resolution mechanism. The policy also advocates that:  Particular attention should be paid to the needs of vulnerable groups among those displaced, especially those below the poverty line, the landless, the elderly, women and children, indigenous peoples, ethnic minorities, or other displaced persons who may not be protected through national land compensation legislation;  Implementation of resettlement activities should be linked to the implementation of the investment component of the project to ensure that displacement or restriction of access does not occur before necessary measures for resettlement are in place. These measures include provision of compensation and of other assistance required for relocation, prior to displacement, and preparation and provision of resettlement sites with adequate facilities, where required. In particular, taking of land and related assets may take place only after compensation has been paid and, where applicable, resettlement sites and moving allowances have been provided to the displaced persons;  Displaced persons and their communities, and any host communities receiving them, are timely provided with relevant information, consulted on resettlement options, and offered opportunities to participate in planning, implementing, and monitoring resettlement. Appropriate and accessible grievance mechanisms are established for these groups;  In new resettlement sites or host communities, infrastructure and public services are provided as necessary to improve, restore, or maintain accessibility and levels of service for the displaced persons and host communities. Alternative or similar resources are provided to compensate for the loss of access to community resources (such as fishing areas, grazing areas, fuel, or fodder); and  Patterns of community organization appropriate to the new circumstances are based on choices made by the displaced persons. To the extent possible, the existing social and cultural institutions of resettled people and any host communities are preserved and the preferences of the resettled people with respect to relocating in pre-existing communities and groups are honored. The policy also sets out the following guiding principles on which to base the criteria for determining eligibility for compensation, resettlement and rehabilitation assistance measures for PAPs: (i) Persons that have formal legal rights to land, including customary and traditional; and religious rights recognized under the laws of Mozambique; (ii) 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 customary laws of Mozambique. This class of people includes those that come from outside the country and have been given land by the local authorities to settle, and/or to occupy in matrimonial society; and (iii) 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 55 those that settle at a place on semi-permanent basis, or those settling at a place without any formal grant or authority. PAPs classified under paragraph (i) and (ii) shall be provided compensation, resettlement and rehabilitation assistance for the land, buildings or fixed assets on the land and buildings taken by the project. The compensation shall be in accordance with the provisions of this RPF and if PAPs occupied the project area prior to the cut-off date (date of commencement of the Census). Persons covered under sub-paragraph (iii) above are to be provided with compensation for the improvements on the land. In addition, they have to be given the necessary assistance to satisfy the provisions set out in this Project, if they occupy the project area prior to the established cut-off date. Communities including districts, towns, neighborhoods and villages permanently losing land, resources and/or access to assets shall be eligible for compensation. Compensation to communities will include 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 or improved. 10.3 Gaps Between Local Laws and WB’s Policy The enactment of Decree 31/2012 and respective implementation mechanisms (i.e. Ministerial Resolutions 155/2014 and 156/2014 on Internal Regulation for Resettlement Technical Commission and Technical Guidelines for Preparation and Implementation of Resettlement Action Plan, respectively) and Diploma 181/2010 have contributed significantly to narrowing the gaps between Mozambican legislation and WB policy on resettlement. Specific aspects such as (i) the need to prepare a resettlement action plan; (ii) conducting socioeconomic studies; (iii) resettlement measures; (iv) community consultation, involvement and participation; (v) institutional and organizational framework; and (vi) monitoring and evaluation, where there were differences between the two sides, these seem to be narrowing by the above-mentioned decrees. Significant differences remain though and these can briefly be identified in the following areas: Planning The major gap that existed between Mozambican laws and the WB were related with the fact of not requiring preparation of resettlement instruments as such, resettlement plans or resettlement policy frameworks (depending on scale and characteristics). This has been resolved by the recent adoption of Decree 31/2012. These instruments were already central requirements according to OP/BP 4.12 for projects where resettlement impacts have been identified. However, under OP/BP 4.12 resettlement should be avoided or minimized where possible; this is not stated clearly under Mozambican legislation. Decree 31/2012 continues to not clearly specify this important principle translated into a legal provision under the WB OP/BP 4.12. It is a central and strategic provision, while the way in which Decree 31/2012 is written may even be interpreted as if it is stating that as long and the developers can afirly and adequately compensate affected people as well as restore their lives in a participatory manner, resettlement is welcome. Valuation of Compensation for Losses 56 Key differences between Mozambican legislation and to OP/BP 4.12 provisions are (i) whereas the Mozambican legislation requires compensation at “market rates�, these are in fact “defined� in the legislation for structures and crops, and any adjustment to published schedules of rates must be agreed with MITADER; (ii) under Mozambican legislation, compensation should reflect depreciation of value of structures through age. OP/BP 4.12 on the other hand states that all affected property should be compensated for at full replacement value – including all input (materials, labor, seeds, seedlings, agricultural chemicals, etc.) and all transaction costs, and that there should be no discounts for depreciation, salvaging (i.e. crops or building materials), or any other resettlement assistance provided. This seems to make sense in a situation where resettlement is involuntary and this should be pursued under the Project. It is thus recommended and accepted under the project that OP/BP 4.12 guidelines will govern how this matter is dealt with. Now that Decree 31/2012 as well as Ministerial Resolutions 155/2014 and 156/2014 on Internal Regulation for Resettlement Technical Commission and Technical Guidelines for Preparation and Implementation of Resettlement Action Plan, respectively and Diploma 181/2010 have been enacted, significant differences that existed between Mozambique law and WB’s policy have been solved in regard to compensation for losses. Nevertheless under OP 4.12, for example, squatters must be compensated for improvements they have made to the land they are using (structures, crops). Also, under OP 4.12 compensation should be made at full replacement costs i.e. without depreciation for age of the asset, whereas under the national system age is a factor to determine the level of compensation. In all instances where there are discrepancies between OP 4.12 and the Mozambique system, the standard of OP 4.12 shall be applied in the project. Community Consultation, Participation and Grievance Procedures Expropriation procedures under Decree No. 23/2008 of 1 July and Diploma 181/2010 of 1 November require issuance of formal notice to the rights holder to the asset to be appropriated by the expropriating entity. This law and its provisions are very recent. It has not been and it is not yet current practice. There are no clear mechanisms to follow it and it can take a lengthy time. The Project should abide by what is commonly accepted which consist in extensive public participation to be conducted as part of the ESIA/ESMP and now RAP processes, engagement with local authorities at Municipal, district, administrative, locality, community and neighborhood levels, giving timely notices to affected people and entities and have them signing compensation agreements. Systems and mechanisms will be in place to ensure that in Portuguese and local languages and using local media PAPs and all other relevant stakeholders are timely informed about:  The government’s intention to acquire the land;  The purpose for which the land shall be acquired;  That the details of the proposal or plan for which the land shall be acquired can be inspected at public places to be selected (e.g. SDPI, SDAE, DPCA, etc.), during normal working hours;  That any affected person may, by written notice, object to the transaction of his/her land and assets, giving reason for doing so to the PCU and project management with copies to the Municipality/District and the local Village/Bairro Headquarters of his/her jurisdiction within 14 days of the public announcement or appearance of the notice. This system to present and circulate grievances will be maintained throughout all the phases of RAP implementation and monitoring. 57 OP/BP 4.12 requires involvement of affected people in planning and implementation of all aspects of resettlement planning and implementation – including assessment of the nature and scale of resettlement impacts, compensation and resettlement measures required including review of alternatives and in relation to selection and preparation of resettlement sites, and monitoring and evaluation. OP/BP 4.12 also requires publishing of the final resettlement plan to local people in a form that is readily understandable, and establishing of grievance mechanisms that are accessible and meaningful for project-affected people. Under OP/BP 4.12 project-affected persons can include members of host communities as well as those who are physically displaced or lose assets through land acquisition. Most of these aspects are currently met by Ministerial Resolutions 155/2014 and 156/2014 on Internal Regulation for Resettlement Technical Commission and Technical Guidelines for Preparation and Implementation of Resettlement Action Plan, respectively. Although in most other aspects Decree 31/2012 and Decrees 155/2014 and 156/2014 have brought the two sides closer, Mozambican legislation does not recognize host communities in the same manner as OP/BP 4.12. In short, there are a number of gaps between the Mozambican system and the World Bank’s policy on involuntary resettlement (OP4.12). Under OP 4.12, for example, squatters must be compensated for improvements they have made to the land they are using (structures, crops). Also, under OP 4.12 compensation should be made at full replacement costs i.e. without depreciation for age of the asset, whereas under the national system age is a factor to determine the level of compensation. In all instances where there are discrepancies between OP 4.12 and the Mozambican system, the standard of OP 4.12 shall be applied in the project. This approach has been common practice in Mozambique in the last 15-20 years and will strictly apply to this project. The table below is an attempt of summarizing the major differences between the OP/BP 4.12 and Decree 31/2012 and other relevant Mozambican legislation in regard to resettlement and compensation. 58 Category of Affected Mozambican Law (Decree n.º 31/2012, of Recommended Measures to Bridge the People/Type of August 8 and Ministerial Resolution World Bank OP 4.12 Gaps Assets/Issues 156/201422) People involuntarily Where economic and social activities require Involuntary resettlement should be avoided There are serious differences between the two affected by people to be displaced RAPs should be where feasible, or minimized, exploring all regulations. In line with the WB OP 4.12 RAPs economic and social prepared viable alternative project designs will be prepared only after exploring all viable activities alternative project designs to avoid/minimize resettlement Resettlement as a Resettlement process should ensure social Resettlement activities should be conceived There is considerable convergence between development cohesion, social equity and direct benefits in and executed as sustainable development the two regulations and they should be adopted opportunity that affected people should directly benefit from programs, providing sufficient investment equally the interventions that caused their resettlement resources to enable the persons displaced by and respective socioeconomic impacts. the project to share in project benefits. Displaced persons should be meaningfully Resettlement should be turned into a consulted and should have opportunities to development opportunity by allowing affected participate in planning and implementing people to enjoy quality life, social equity and resettlement programs; and ensuring the sustainability of the physical, environmental, social and economic aspects Displaced persons should be assisted in their around them efforts to improve their livelihoods and standards of living or at least to restore them, in real terms, to pre-displacement levels or to levels prevailing prior to the beginning of project implementation; whichever is higher Consultation and Resettlement should be participatory PAP should be informed about their options Despite a great level of convergence the WB participation of throughout its phases. Major public meetings and rights pertaining to resettlement; guidelines offer a more valid framework, which affected people should be formally made known. PAPs have Consulted on, offered choices among, and is not only concerned with specific number of the “Right to Information�. Planning, provided with technically and economically meetings and other related aspects but with the preparation and implementation of a RAP feasible resettlement alternatives consistency of the process and the attainment should result in at least four (4) public meetings, of its ultimate objectives. The World Bank OP which should be heralded in local media 4.12 guidelines will be adhered to. Vulnerable people Decree n.º 31/2012 makes several references Particular attention should be paid to the needs Under the national laws special attention is to the special involvement of women to ensure of vulnerable groups among those displaced, given to women and not to all vulnerable equity and social cohesion in RAP preparation especially those below the poverty line, the people. The other groups are dealt with in other and implementation but does not directly refere landless, the elderly, women and children, legal provisions outside the Decree n.º to other vulnerable groups such as children, the indigenous peoples, ethnic minorities, or other 31/2012. The World Bank OP 4.12 guidelines elderly and differently abled people and displaced persons who may not be protected will be adhered to in dealing with vulnerable households headed by such people. This is through national land compensation legislation people and groups dealt with in separate provisions Host communities Host communities should be actively involved Displaced persons and their communities, and There is a significant level of convergence as per Articles 19, 20, 21 and 22 of the Decree any host communities receiving them, are between the two regulations. The WM OP 4.12 that delve into the steps and work contents timely provided with relevant information, is more specific about the grievance related with the planning, preparation and consulted on resettlement options, and offered mechanisms, which offers considerable 59 implementation of the RAP and provide the opportunities to participate in planning, protection to PAP in case of nonconformities guidelines to be adhered to. The grievances implementing, and monitoring resettlement. with the principles behind resettlement. mechanism is not spelled out directly although Appropriate and accessible grievance there are several references to the need to mechanisms are established for these groups conduct monitoring and correction of deviations Land Owners: Land for land according to the Constitution, Preference for land-for-land compensation. If Decree 31/2012 is against cash compensation Statutory Rights including transfer, disturbance and one full not, cash at full replacement value, including in all cases. This makes it unpractical in cases harvest allowance (Most PAPs prefer cash) transfer costs where this is the best instrument to restore lost assets. The World Bank OP 4.12 guidelines will be adhered to where cash compensation offers advantages in livelihood restoration Land Owners: Land for land according to the Constitution (and Preference for land-for-land compensation, Decree 31/2012 is against cash compensation Customary Rights use rights (DUATs) to be included). People land of equal or equivalent value. If not, cash in all cases. This makes it unpractical in cases don’t care about DUAT as there is a plenty of at full replacement value, including transfer where this is the best instrument to restore lost land costs assets. The World Bank OP 4.12 guidelines will be adhered to where cash compensation offers advantages in land compensation as part of livelihood restoration Land: Tenants No compensation. Generally there are no Compensation based on value of residual rights Decree 31/2012 poses the risk of turning land tenants for land unless in little semi-illegal held under the tenancy agreement, plus tenants into destitute people, especially where cases as the land is not negotiable in disturbance allowances, Are entitled to some these are also the most vulnerable groups, Mozambique form of compensation whatever the legal which is often the case. As part of livelihood recognition of their occupancy. restoration land tenants will be entitled to compensation in line with the World Bank OP 4.12 guidelines Agricultural land Compensation in land, unharvested crops, Compensation in kind or cash for value of land; As with the previous points each case will be users disturbance allowance, new land preparation, compensation at full replacement value for lost assessed and the advantages of compensating seeds, sowing crops and economic trees and perennials, fully in cash or kind weighed and the best option verifying or updating state lists of values, adopted with the focus on livelihood restoration. Entitled to compensation for crops, may be World Bank OP 4.12 guidelines will be adhered entitled to replacement land and income must to be restored to pre-project levels at least. Owners of structures In-kind compensation or cash at full In-kind compensation or cash at full There is significant convergence between the replacement value including labor, relocation replacement value including labor, relocation two and they can be equally adopted 22 Ministerial Resolution N 156/2014 Technical Directive on the Resettlement Plans Preparation and Implementation Process 60 expenses, and transfer costs. Added expenses, and transfer costs. Added disturbance allowances. Entitled to in-kind disturbance allowances. Entitled to in-kind compensation or cash compensation at full compensation or cash compensation at full replacement cost including labor and relocation replacement cost including labor and relocation expenses, prior to displacement for Owners of expenses, prior to displacement for Owners of “Non-permanent� Buildings “Non-permanent� Buildings In-kind replacement for Owners of "Permanent" In-kind compensation or cash at full For permanent buildings Decree 31/2012 only buildings replacement value including labor, relocation foresees in kind replacement, which, expenses, and transfer costs. Added depending on specific circumstances, may not disturbance allowances .Entitled to in-kind be the best option. After thorough assessment compensation or cash compensation at full of each case, the World Bank OP 4.12 replacement cost including labor and relocation guidelines will be adhered to expenses, prior to displacement for Owners of "Permanent" buildings Losers of livelihoods Key objective is restoration of capacity to Key objective is restoration of capacity to Despite considerable convergence Decree (farmers, business generate incomes at least at levels prior to generate incomes at least at levels prior to 31/2012 does not deal with compensation for people, employees) losses. Programs of assistance to achieve this losses. Programs of assistance to achieve this periods of lost income. This could be crucial objective. Compensation for periods of lost objective. Compensation for periods of lost especially where between losses and livelihood income. income. restoration there is a considerable time gap. Ensuring and verifying compliance with the World Bank OP 4.12 guidelines will be adhered goals of the resettlement and action plans to. Assessing the level of satisfaction of the needs of the resettled persons Technically assessing and validating the information received from the implementation process Table 6: Comparison of Mozambican Law World Bank OP4.12 regarding compensation 61 11 METHOD FOR VALUATION AND COMPENSATION FOR LOSSES As a continuation of the previous chapter this chapter deals with methodologies for calculating compensation that should be applied consistently to all people affected by the project in order to protect the Project developer and PAP from unjustified and exaggerated claims or disregard for the basic principles set out in the resettlement regulations in what concerns livelihhod restoration to the same level or better than the pre-displacement. This is an area usually open to dissent and disagreements and should be tackled with care and much objectivity as possible. As already explained, in Mozambique the resettlement action is "based on a combination of a variety of laws and regulations as well as on the creative use of the guidelines of the main funding agencies for development, such as the World Bank, African Development Bank and other agencies and institutions related to development such as IFC (International Finance Corporation), and others. This extends to the valuation of assets of the people and entities affected by the project such as infrastructure, farmlands, crops, trees and others. All of these should be adjusted to the specific conditions existing on the ground. The existing laws and regulations do not provide concise answers and are open to different forms of interpretation which make them very difficult to use and develop common acceptance. As a way of overcoming the lack of updated tables for calculating the values of lost crops and trees, based on MINAG’s 2010 tables, price adjustments taking into account inflationary trends will be adopted. In the absence of specific and official guidelines for the valuation of infrastructures common practice has been to use values calculated by engineering/consultancy companies in the construction sector to carry out this valuation. Under the guidance of the Social Safeguards Specialist and Management Units experienced consultants will be hired to assist in the calculation of costs for all categories of affected assets including intangible assets. However, World Bank Operational Policy on Involuntary Resettlement (OP 4.12) requires that compensation must be made at current replacement cost, i.e. without depreciation for age of a structure. Therefore WB OP 4.12 will be applied. For a proect that enjoys WB funding this is acceptable to the GOM and all involved institutions as seen in many other similar projects. A few guiding elements taken from recent projects implemented in Mozambique that tried to bridge the gap between the country’s lawas and regulations and those of the WB, such as ANRLMP projects (2009-2013), FIPAG Maputo Water Supply (2012-2013) and many other from ANE and other local public developmet agencies include: Valuation of infrastructures The following elements related to the property are taken into consideration:  Type  Location  Age  Construction value 62  Current value These variables were expressed by the formula below: Vn = A x P x K1 x K2 x K3 xK4 Vn = P x A x K1 x K2 x K3 xK4 Where:  Vn - Is the value of the property when new.  A - Area inside the property;  P= Construction price of the property (per square meter);  Kl = Factor expressing the typology;  K2 = Factor which reflects the importance of the housing;  K3 = Factor that reflects the quality of construction;  K4 = Factor that reflects the location of the property. Finally, the actual value of the property is based on the following formula: V= AxPxK1xK2xK3xK4x (1-dxIxCxM)) Where: V = is the value of the property. A “y� factor was added to the calculations for the loss of intangible assets. The “y� facto r reflects the intangible assets and the disturbance to social cohesion inflicted to the affected people by the project. This factor may vary from 0 to 20% of the property value, in line with local regulations Salvaging parts of the affected assets and depreciation will not be discounted from the value to be paid to the PAPs. Valuation of crops and trees For crops valuation the team used the total area of each unit and estimated the area for each crop. To this effect the total area of farm was divided by the number of the crops existing in the farm to obtain the percentage of each crop. Subsequently, the percentage of crops per farm was multiplied by the price per m2 for the crop based on values provided by the Ministry of Agriculture (2010) to which an inflation factor of 10% was considered, as per Banco de Moçambique (BM) estimate of the level of inflation within the period. Thus, the total compensation = Percentage of the crop in the farm * Price of the crop per m2 * Total area of the farm. The values of the trees were found multiplying the number of each tree species by the prices per tree supplied by the Ministry of Agriculture (2010) plus the inflation factor of 10% to adjust to 2012. Valuation of Lost Income Assuming the social compensation process will involve the removal of the business and the replacement of physical infrastructure, the loss of revenue will be associated with downtime, i.e. the period the business will be off during physical relocation. This period, plus time to adapt to the new situation in the new surroundings, constitutes the cost of business opportunities. Thus, the total period should not be less than three months, despite two months being a reasonable period for adaptation. In fact, although the process of change can occur in a time 63 limit of no more than two months, it is realistic to assume that a period of an additional month adaptation (or more) to be considered for the purposes of accounting for lost revenue. Since the business will not actually lose their inventories (defined as non-perishable goods and services for sale), compensation is justified on the basis of the income opportunity cost (income) lost in the period of transition. In the case of perishable goods, because the amount of compensation can not be estimated prior to its implementation can be done using the current prices prevailing at the time of effecting the change, taking into account, the quantities of products as stated above Since small businesses do not keep records of their transactions, and forecast cash flows it is difficult to make reliable estimations. Average monthly income calculated based on the values of business owners with similar business that have declared their income via the conducted survey. Alternatively, inference based on official data on small and medium business income can be made. The final value of each type of business is calculated by discounting to the present the average profit for the three months relevant in the analysis. The discount rate used is calculated based on the actual average inflation rate in the area concerned, multiplied by the number of people involved in each type of identified business (e.g. selling firewood, carpentry, bakery, etc.). The amounts of revenue and profits collected through the questionnaire will be used to assess the degree of reliability of the data, by analyzing the degree of dispersion of values between the different operators of each business. Experienced consultants in public works, agriculture and business should be engaged to undertake valuation work. They need to be involved from the beginning in order to ensure that collection tools to be designed and used already take all these aspects into considetation. Such consultants, although few, exist in Mozambique, especially in Maputo and major cities. Principles to be followed include:  That the affected families agree with methods of assessment and valuation, deeming them fair and adequate. This should be established at the start of the process through consultation at community level;  The compensation level will be sufficient to enable people to restore their productivity and standards of living after compensation/resettlement;  Compensation payments will be made before assets are acquired for the project development and prior to resettlement;  Compensation payments will not be made in any way that puts the receiver in a position of insecurity. It is preferable to make payments through a post office, bank or other recognized institution;  Local currency payments should take local currency fluctuations and inflation into account using a correction index. All compensation agreements should be recorded and signed with local witnesses as well as the signed verification of the local authorities. Copies of these documents should be kept by the affected family and MITADER/Specific Sector management units for a period not shorter than five years. 64 12 ELIGIBILITY CRITERIA AND PRACTICAL ASPECTS OF RAP PREPARATION AND IMPLEMENTATION The Project Affected Persons (PAP) are entitled to different forms of compensation for their losses with the aim of improving or at least restoring the living standards that they had before the need for resettlement became a reality. Once the certainty of land taking is confirmed under a subproject, a census and socio- economic study will be undertaken. The results of the census and socioeconomic surveys and asset inventories and respective verification will be used to communicate to local people that any land occupation within the Corridor of Impact (COI) done after the cut-off date (the date of the beginning of the census inventory and verification/confirmation) will not be eligible for consideration under Project RAPs. Local authorities will be monitoring the enforcement of this principle and ensuring that those disregarding it are fully aware of the implications. Thus, the date of the start of the socioeconomic surveys/asset inventories will be considered as the cut-off date for Project RAPs. Based on preliminary assessment of the receiving socioeconomic environment as well as experience with similar projects the assets most likely to be affected under Project comprise:  Loss of land through permanent land acquisition  Loss of land through temporary land acquisition  Loss of houseshouses  Loss of other domestic structures  Loss of commercial enterprises  Loss of crops  Loss of socio-economic trees  Loss of non- socio-economic trees  Loss of ornamental plants  Loss of cultural property  Loss/relocation of sacred sites, graves and public infrastructure  Loss of mobility and accessibility In line with both the GOM and WB policies and regulations each category of assets will be compensated in a certain way. The descriptions below offer a practical way of dealing with compensation for the loss of these assets. Entitlements under the Project RAPs Entitlements under Project RAPs are set out according to the categories of impact l i k e l y t o b e f o u n d as described above and in light of applicable national legislation and OP/BP 4.12, namely:  Entitlement for loss of land through permanent land acquisition;  Entitlement for loss of land through temporary land acquisition;  Entitlement for loss of houses;  Entitlement for loss of other domestic structures;  Entitlement for loss of commercial structures;  Entitlement for loss of crops, trees and other plants; and  Project responsibilities for displacement of sacred sites and graves (including traditional ceremonies) and public/utilities infrastructure. 65 Entitlement for Loss of Land through Permanent Land Acquisition As seen in the legal framework above, under the Project the loss of land will be dealt with in accordance with OP/BP 4.12, which requires compensation for land at full replacement cost (in cash or in kind) for land that has formal title or recognized customary use rights, including for any improvements made and any disturbance or transaction costs incurred. OP/BP 4.12 also requires that particular focus be paid to land acquisition impacts on vulnerable groups – particularly, where livelihoods are land-based and in contexts of limited security of tenure efforts should be made to ensure that lost land is replaced by land. In line with practice in place in Mozambique for projects funded by the WB and/or funding instititions adhering to the WB fuidelines the following will be adopted:  Depending on specific cases and based on concise assessment in-kind and cash payments for loss of land (or land-use) will be payable.  The majority of affected households will fall under customary user rights over their residential land and farmland. Mechanisms will have to be developed with District and Municipal Authorities to ensure that where land is lost this will be replaced within users’ surroundings, where possible imm ediately contiguous to their existing homesteads or farming areas or just be compensated for the loss of crops and trees and/or temporary and partial inability to use the land for cultivation. Where such will prove to be advntegeous for the affected people cash compensation will be paid for people to restore their livelihoods at their will and choice.  Tenants, where they will exist, of land will get notice and be compensated for the lost value, either through getting a replacement lease or through appropriate cash compensation. The time for such a notice will be defined in due course, but should give them enough time to prepare relocation and livelihood restoration in a different place. Where tenants will have formal leases that are cut short because of the project they must be compensated for the lost value, either through getting a replacement lease or thorugh appropriate cash compensation  There will be also the need to consider and examine whether any “third party� informal land occupants/users will be displaced/impacted by a deal negoatiated between land owner and contractor and give notice to them and compensate accordingly in the same way as done for direct tenants. In all cases, targeted provision of advocacy to consultation with and monitoring of vulnerable households will be carried out in order to ensure that their livelihoods are sustained or restored following resettlement and that their vulnerability is not increased. Entitlement for loss of land through temporary land acquisition There is no specific provision for temporary land acquisition under Mozambican law or OP/BP 4.12, although under OP/BP 4.12 all land acquisition indirectly associated with the main project (such as ancillary works) should be addressed, as well as that associated with the main project itself. Under the Project RAPs, holders of formal or customary use-rights over land to be used by the contractor will be given the option of chosing the compensation/restoration of their lost land, which can be in-kind (replacement) or cash. As ancillary sites are selected, the contractor will enter into negotiated rental agreements with current users. Affected parties will be entitled to support by the Project Implementation Units and/or 66 by entities of their choice in reviewing draft rental agreements to ensure that their terms and provisions are legal and equitable. Entitlement for Loss of Houses For lost houses the current Mozambican legislation (31/2012) does not allow for cash compensation at replacement cost according to building type, materials costs, and various factors for location, quality of construction and age (i.e., depreciation). House replacement is prescribed, almost regardless of circumstances. Under OP/BP 4.12 structures should be replaced (with similar or better locational characteristics or advantages to those of the previous structure and, in the case of housing, full security of tenure), or compensated for in cash at full replacement cost, including all associated transaction and registration costs. Locational advantages can include proximity to services (schools, markets, healthcare, etc.) as well as access to important social relationships and networks (including immediate and extended families, friends and neighbors, and additional wives living separately but close by in cases of polygamous marriages). These social relations are particularly important for women who typically carry reproductive (family health and education) responsibilities within the household, and who frequently need to call upon the support of relatives and friends living close by, for example for childcare or other forms of assistance, e.g. farming. Although not a requirement as such, OP/BP 4.12 allows for improvements in housing construction quality. This is consistent with the principle of ensuring that resettlement is conceived as an opportunity to promote sustainable development and improve people’s living standards – particularly the poorest and most vulnerable. Housing improvements can also be appropriate when project-affected people may otherwise be more likely to seek cash compensation. Experience shows that since cash can easily be diverted to other priorities (e.g. consumption, payment of debts, etc.), this can increase household insecurity – a situation that potentially and disproportionately disadvantages women given men’s traditional control over household finances and decision-making. Offering improved housing may encourage more households to accept this rather than cash at straightforward replacement (and thus lower) value – particularly where women are encouraged to participate in discussions on this the subject. Entitlement for Loss of Other Domestic Structures Loss of domestic structures (fences, toilets, etc.) will be compensated for in cash at full replacement cost, including material and labor, with no deductions for depreciation or salvaging/reuse of materials, in line with the provisions of OP/BP 4.12. Any vulnerable affected houses will be offered assistance in reconstruction of replacement structures. Entitlement for Loss of Commercial and Industrial Enterprises In relation to the various commercial and industrial structures that will be lost or relocated through land acquisition (roadside shops/barracas, trader’s stalls/bancas, mills, bars, etc.), OP/BP 4.12 requires compensation for (at least temporary) loss of income associated with these as well for the structures themselves at full replacement cost and any other disturbance costs, with no deductions for depreciation or permitted salvaging of materials. 67 (i) Cash compensation at full replacement value for all structures that will be lost – full replacement value to cover all materials, labor and associated materials-transport costs. (ii) Preparation of new market areas – with incentives provided (i.e. rental waivers and tax breaks) to attract traders to move away from the locations from where they will be displaced. (iii) Targeted assistance, support and monitoring to be provided to vulnerable households – as required, ensuring that their vulnerability is not increased. Entitlement for Loss of Moveable Commercial Businesses If found they will get a notice to stop using the areas within the COI to conduct their activities and compensated for the lost opportunities in line with the systems and procedures detailed in Chapter 11. Entitlements for Loss of Crops and Trees As with land and structures, OP/BP 4.12 requires that crops and trees be compensated for at full replacement cost in line with the systems and procedures detailed in Chapter 11. This includes taking account of land preparation costs and (in the cases of economic trees and some perennial crops) time to production and years of remaining production. As with other livelihood activities (e.g. commercial enterprises, as described above), OP/BP 4.12 recommends investment in improved or alternative livelihood skills where agricultural land is affected – given the importance of farming to household income, which of extreme relevance for most households in the project area. As a matter of fact OP 4.12 recommends replacing land with land where livelihoods are agriculture-based with helping development of alternative livelihood skills being a “second best� option. The formula for valuation of lost crops and trees has proved to be a contentious issue in Mozambique. In addition to starting from what is perceived as relatively low values one of the main problems has been the updating of the values for these assets taking into consideration inflation and other factors. This has led to the adoption of a diversity systems and procedures by different entities (investors, consultants, etc.) to deal with the subject. Under this RPF the systems and procedures stated under Chapter 11 will be followed. Efforts will be made to update the values of the assets taking into consideration their current market values. Livelihood Restoration and Community Development Mozambique is predominantly a rural country; compensation for affected assets seeks to facilitate full, smooth and sustainable recovery without exposing the PAPs to vulnerability and impoverishment. In order to ensure an acceptable livelihood standard, the RAP might consider a Livelihood Restoration Program (LRP) taking into account that actions during pre-construction phase and during construction will be able to be accomplished and timely complement project social development objectives. The LRP is based on PAP participative process supported by the assessment of local and regional community initiatives, potential partnerships with actors and interaction with other social programs in the territory, feasibility of implementation, socioeconomic baseline studies and PAPs’ willingness to be engaged fully or partially on Project social development activities. Nevertheless, an alternative and comprehensive social package shall be 68 considered by RAP for those not eligible or willing to be part of Project activities decribed under Components 1 and 2. Support to agriculture extension services; inclusive business (i.e. poultry, bee keeping and horticulture), environmental management and preservation, vocational and basic managerial training linked with community micro- credit are interventions proposed to address livelihood restoration through food security, boosting employment conditions and income generation. The programs will pay special attention to gender balance and vulnerable groups. Where there will be uncertainties related to mitigation of impact driven for families considered at risk according to vulnerability criteria in determinated areas and their livelihood restoration would not be not fully ensured, the activity shall not be implemented. Project Responsibilities for Relocation of Public Utilities and Services In this particular case public infrastructure located within the COI are likely to include sections of roads, electricity and communication poles, electricity transformation centers and public squares. Negotiations between subproject developers and managers of such infrastructures will be carry out with the aim of determining the best options of compensating/restoring losses and above all preventing that the public utilities behind such infrastructures are not interrupted in the interests of all stakeholders. Relocation and Compensation of Billboards Private sector companies that own billboards will be notified of project objectives and be involved in discussions and actions aimed at finding the best ways of harmonizing their assets with the project and they will be compensated in accordance with the preferences at replacement value including potential loss of opportunity that relocation may trigger. RAP Entitlement Matrix In summary the RAP Entitlement Matrix generally foreseen under this RPF is given as a table overleaf. The responsibility for ensuring that the various measures set out in the matrix are adhered to will be the responsibility of the Social Safeguards Specialist. He/she will work in close collaboration with the District Resettlement Committes foreseen under Decree 31/2012, subproject developers and PAPs. 69 Table 7: Entitlement Matrix (Summary) Project Impact Affected Population Asset Compensation Transport and Other Additional Provisions for / Entity disturbance allowance Compensation Vulnerable Groups Measures Loss of land PAPs holding title or  Provision of equivalent   Guidance or  Targeted offers of through permanent traditional rights to land within each advocacy (where advocacy in land acquisition land located in the PAP’s village – where required/sought) identification of suitable project affected possible contiguous in identification of replacement land area/COI with their existing suitable within village to ensure field(s) and/or cash replacement land appropriateness. compensation. within village/bairro to  Targeted consultation/ ensure monitoring to ensure appropriateness. livelihoods sustained/ restored and vulnerability not increased. Tenants of land  Cash compensation at    Targeted consultation/ located in the COI full replacement cost monitoring to ensure for lost crops and livelihoods sustained/ opportunities and/or restored and land replacement. vulnerability not Targeted assistance increased. for livelihood restoration Free-users of land  Cash compensation at    Targeted consultation/ located in the COI full replacement cost monitoring to ensure (squatters) for lost crops and livelihoods sustained/ opportunities and/or restored and land replacement. vulnerability not Targeted assistance increased. for livelihood restoration 70 Project Impact Affected Population Asset Compensation Transport and Other Additional Provisions for / Entity disturbance allowance Compensation Vulnerable Groups Measures  Loss of land PAPs with title or  Rental of land by  TA to review  Targeted consultation/ through traditional rights to contractor based on rental monitoring to ensure land subject to market prices agreements to livelihoods sustained/ temporary land temporary acquisition (negotiated ensure legal/ restored and acquisition agreement). equitable vulnerability not increased. Tenants of land  Rental of land by Allocation of land with  Targeted consultation/ subject to temporary contractor based on similar value in close monitoring to ensure acquisition market prices proximity livelihoods sustained/ (negotiated restored and agreement). vulnerability not increased. Free users of land  Rental of land by Allocation of land with  Targeted consultation/ subject to temporary contractor based on similar value in close monitoring to ensure acquisition market prices proximity livelihoods (squatters) (negotiated sustained/restored and agreement). Where vulnerability not there will be any third increased. parties using the land lost income, business opportunities and assets will be determined and compensated/restored for  Loss of houses Owners of houses  In-kind replacement  Lump sum allowance  Building  Prioritized in provision located in the COI to cover materials may be of resettlement/moving OR removal/relocation salvaged from old assistance and other  Cash compensation at costs based on structures, measures. full replacement cost formula: weight x without being Kilometer x discounted from  Targeted consultation/ based on replacement monitoring to ensure 71 Project Impact Affected Population Asset Compensation Transport and Other Additional Provisions for / Entity disturbance allowance Compensation Vulnerable Groups Measures value (no discount for Cost/kilometer. full cash livelihoods sustained/ depreciation). Transport allowance compensation. restored and vulnerability not  Where possible,  Cash payment as increased. replacement houses disturbance to be located within allowance boundaries of existing homestead.  Encourage contractors to  Where not possible for employ PAPs in replacement houses construction of to be located within any replacement boundaries existing houses, or in homestead, suitable preparation of resettlement land to resettlement sites be identified and including allowing prepared within the PAPs to existing village or indicate where district. they would like replacement house to be built Tenants of houses  Compensation for loss  Transport allowance  Facilitation/  Offer of in-kind (and any associated of house will be to compensation to assistance in ancillary facilities) owner.  Disturbance relocate affected identifying replacement located in the COI allowance assets house.  Calculation of lost business opportunities  Targeted consultation/ and compensation of monitoring to ensure tenants for the livelihoods sustained/ estimated losses restored and vulnerability not  Where tenants use increased. facilities for housing targeted assistance 72 Project Impact Affected Population Asset Compensation Transport and Other Additional Provisions for / Entity disturbance allowance Compensation Vulnerable Groups Measures for them to find new houses, including cash compensation for disturbance period  Loss of other Owners of ancillary  Cash compensation at Transport allowance  Building  Offer of in-kind domestic domestic structures full replacement cost materials may be assistance for (kitchens, ablution based on replacement salvaged from old reconstruction of structures facilities, value (no discount for structures. replacement domestic walls/fences, depreciation). structures. porches, granaries,  Cash payment for etc.) located in the replacement cost  Targeted COI allowance consultation/monitoring to ensure livelihoods sustained/restored and vulnerability not increased.  Loss of Owners of barracas,  In-kind replacement  Lump sum allowance  Cash payment for  Targeted commercial stalls, etc. located in to cover removal/ loss of earnings resettlement/moving the COI OR relocation costs (where owner is assistance and other enterprises  Cash compensation at based on formula: also the measures. (mostly full replacement cost weight x Kilometer x enterprise informal) (no discount for Cost/kilometer. operator23) If not,  Targeted depreciation). the enterprise consultation/monitoring  Disturbance to ensure livelihoods  Where possible, allowance operator, this sustained/restored and replacement allowance is not paid. vulnerability not structures to be increased. located within  Building boundaries of existing materials may be property 23 The owner of a barraca and the proprietor of the enterprise within it may not necessarily be the same person. 73 Project Impact Affected Population Asset Compensation Transport and Other Additional Provisions for / Entity disturbance allowance Compensation Vulnerable Groups Measures  Where not possible for salvaged from old replacement structures. structures to be  Suitable site for located within reestablishment of enterprise to boundaries existing be offered. property, suitable  Assistance in resettlement land to obtaining any be identified and required legal prepared within registration and documentation at existing village or new site district. (licensing, etc.).  Encourage contractor to employ PAPs Tenants of barracas, Assistance to rent similar Facilitation/allowance  Cash payment for  Targeted resettlement/ stalls, etc. located in business facilities in close to relocate any assets loss of earnings. moving assistance and the COI. proximity that will need to be other measures. relocated  Targeted consultation/ monitoring to ensure livelihoods sustained/restored and vulnerability not increased. Proprietors of mobile  No compensation, for enterprises, e.g. loss of mobile tables or on the enterprises. ground. Owners/managers will 74 Project Impact Affected Population Asset Compensation Transport and Other Additional Provisions for / Entity disturbance allowance Compensation Vulnerable Groups Measures get a notice to stop using the COI to conduct their businesses  Loss of crops Owners of crops  Cash compensation Targeted assistance  Offer of in-kind located in COI for season of crops to resume agricultural assistance for land- based on adjusted production in the new preparation (including price tables from land payment of wages at DNSA market rates for people employed).  Targeted resettlement/ moving assistance and other measures.  Targeted consultation/ monitoring to ensure livelihoods sustained/restored and vulnerability not increased.  Loss of Owners of economic  Cash compensation Targeted assistance  Targeted economic trees trees located in COI for replacement to resume agricultural consultation/monitoring (e.g. cashew, mango, seedlings/saplings production in the new to ensure livelihoods banana, guava, sisal, plus cash land sustained/restored and jatropha, etc) compensation for vulnerability not value of lost increased. production based on adjusted price tables from DNSA  Loss of non- Owners of non-  Cash compensation to Targeted assistance Targeted economic trees economic/non-edible cover cost of to resume agricultural consultation/monitoring to 75 Project Impact Affected Population Asset Compensation Transport and Other Additional Provisions for / Entity disturbance allowance Compensation Vulnerable Groups Measures trees located in COI replacement based on  Cash payment for production in the new ensure livelihoods (e.g. acacia, adjusted price tables replacement cost as land sustained/restored and eucalyptus) from DNSA disturbance vulnerability not increased allowance  Loss of Owners of  Cash compensation Targeted assistance Targeted ornamental ornamental gardens to resume agricultural consultation/monitoring to on COI production in the new ensure livelihoods plants land sustained/restored and vulnerability not increased.  Loss of cultural Cemeteries located in  Relocation of remains Facilitation/allowance to Consultation and Targeted property the COI. and assistance to PAP relocate any assets that performance of consultation/monitoring to to carry out the will need to be relocated customary ensure livelihoods relocation process in cereimonies to sustained/restored and line with their cultural appease affected vulnerability not increased. and belief customs people in line with their cultural and belief customs  Loss/relocation Power lines,  Cash compensation. Facilitation/allowance to  Consultant to Targeted of public telegraph poles; fiber- relocate any assets that facilitate consultation/monitoring to optic; will need to be relocated communication ensure livelihoods infrastructure telecommunications sustained/restored and and coordination cable, water valve between parties vulnerability not increased. boxes, road signage, as required. post boxes, etc. 76 At the center of compensation lies the provision of the means to each of the affected households and other entities in order for them to restore their lost assets. The value of the replacement should correspond to the market value of the affected assets. However, the process should not lose sight of the fact that the ultimate objective of all actions will be to ensure that households and institutions affected by subprojects improve their living standards or that at least they maintain the living standards that prevailed before project commencement. The following should form the backbone of all the actions that will have to be considered to conduct the compensation process:  Compensation should be done and completed for all assets before the beginning of any works;  Using the RAP database and the agreed compensation values, where these were concluded, payment should start as soon as possible (within the first weeks into RAP implementation);  Where applicable (for the households that may opt for the replacement of their affected assets) provide assistance to rebuild affected infrastructures;  Ensure that the fixed vending stalls and kiosks and other important businesses are compensated/substituted/relocated in such a way that there is no disruption of local markets;  All the households that will lose land for cultivation need to be assisted by the Project Management in collaboration with local authorities to timely identify and carry out basic preparation of the new land areas (clearing, demarcation, water management facilities, etc.);  All the affected households need to be timely informed about the overall project schedule and particularly the various milestones with direct implications in their livelihoods. Among others, this should focus on providing relevant information and other practical directions to all the PAPs. Important Issues and Suggestion: It will be fundamental to work towards the creation of awareness towards the need for the households who will receive compensation money to use it for the purpose that it is designed for. This is an aspect that should be in the hands of the ESSS and the Resettlement Committees as explained in the chapter on institutional framework. The ESSSs and the district authorities (SDPI, SDMAS, SDAE, etc. should embark on targeted education/information campaigns to sensitize PAPs about the importance of adequate use of resources. Experience shows that under similar circumstances there is often the risk of certain beneficiaries using that money for other purposes that may not necessarily add value to the family and community life (e.g. alcohol and other negative practices) and consequently impoverish the families and the communities. At the household level it will be important to involve both men and women in the management of all resettlement aspects and not only men. In case of issuing of title deeds option must be given to register both names (husband and wife), for new land or house. This has proved to be consistent with the relevance of involving women to ensure that restoration measures are used to build household capital. Where PAPs are qualified to work competently contractors to be engaged under the project and particularly RPF/RAP implementation should be encouraged to give them temporary and/or permanent jobs as priority workforce to select on site. Whenever appropriate jobs should be given to women. Limited training should also be considered 77 to increase the chances of employing local people as long as this does not translate into significantly elevated costs for the project. 78 13 INSTITUTIONAL FRAMEWORK The relatively complex issues to be addressed call for a well thought institutional arrangement to conduct the resettlement process. Decree 31/2012 of 8 August, requires a Technical Committee for Monitoring and Supervision of Resettlement to be formed at relevant level (e.g. district/municipality) to manage the entire resettlement process As per Decree 31/2012 the Technical Committee for Monitoring and Supervision of Resettlement should include the following representatives:  A member of the land use planning sector;  A member of the local government  A member of the public works and housing sector  A member of the agriculture sector  A member of the project related sector (in this case would be for example in the water supply, roads and agriculture sectors)  A member of the Provincial Government  A member of the District Government. As recommended by the above-mentioned decree whenever necessary representatives of entities that by their nature and position can be helpful in dealing with various issues of resettlement in a specific context must be invited to join the Technical Committee for Monitoring and Supervision of Resettlement. In this case these can include but not be limited to:  MITADER as the project host institution and Developer in regard to land and forests  Specific sector entities (departments of agriculture, public works, housing and water resources management, other) as Developers for specific subprojects, in line with their mandates  DNA-DLA as the environmental and social assessment regulator  DPTADER in the project area  RAP Adviser hired by PIU  RAP consultancy companies to prepare RAPs  RAP Implementation Service Provider (consultant hired by the PIU to implement the RAP)  Relevant district and municipal directorates (e.g. land, planning, infrastructure development, agriculture, education, health, women and social affairs, environment)  Local and community authorities such as Grupos Dinamizadores, Chefes de 10 Casas, Traditional Leaders,  Representatives of the project affected people (PAPs)  Affected public entities (e.g. EDM, CFM, TDM, Municipalities)  The Construction Contractor As already clarified under Table 3 (Roles and responsibilities in implementing ESMF/RPF and preparing ESIA/ESMP/RAP) the responsibility for (i) screening of project activities in terms of preparing the Screening Report will be under the Hired Consultant engaged by the Developer using ANRLMP funds while (ii) determining the need for an ESIA/ESMP/RAP will be done by DPTADER in fulfillment of the provisions of Decree 54/2015 and Decree 31/2012; and (iii) approving ESIA/ESMP/RAP will also fall under DPTADER in fulfillment of the same decrees. 79 The process should be practical, whilst still being adequately inclusive and participatory. Roles and responsibilities amongst the various parties will need to be clearly defined and articulated. The general distribution of responsibilities should be as follows: Table 8: Institutional roles and responsibilities Roles Responsibilities Subproject formulation and ensuring that the various aspects of the Developers (MASA, RAP are in line with the overall management of the sectoral MOPHRH, MITADER) (agriculture, public works, land management, etc.) projects, as well as their resettlement framework and that of the WB Formation of the District/Municipal Resettlement Committee District/Municipal Councils in close collaboration with local leaders and PAP people and their representatives. Collaboration with the Developers in project implementation and EDM, TDM, CFM, ANE, particularly in dealing with the issues related with the assets that district/municipal they own/manage. authorities The district and the municipality in particular will be responsible for ensuring that RAP implementation is in line with strategic land use plans in the district and the towns. Where relevant the municipality and district authorities will use their technical departments to address specific issues emanating from the resettlement process General oversight, facilitation and management of the process MITADER/ANRLMP’s Social Safeguards Specialist assisted by Provincial Safeguards Personnel Coordination, implementation and oversight of all RAP activities to Consultants and local ensure that the overall project planning, implementation, monitoring assistants (NGOs, other and evaluation are in line with sound RAP principles and guidelines, local service providers) through: The entity to be hired by  Continuously updating of RAP databases, including PIU to conduct this work ensuring that all PAPs behind all affected assets are timely should be highly identified and that all of them sign the compensation experienced in conducting agreements; RAPs and in conducting  Do the tracking and finding absent PAPs; local development  Monitoring the PAPs process to vacate property; projects.  Ensure that areas vacated are not encroached again;  Help prepare the PAPs for receipt of financial Where necessary the compensation; e.g. communication on impacts and options Consultant will hire associated with compensation; subcontractors (e.g.  Assist PAPs to obtain necessary documentation (e.g. ID) project design, in order to carry out the various steps required under RAP construction, agriculture, (e.g. opening of bank accounts); dissemination of  Obtain bank account numbers or help open bank accounts information (radio, TV), for all PAPs who will receive bank payments; etc.). These will not need  Provide lists of PAPs to be compensated according to to work on a permanent method of payment. Provide list to the Developers; basis for the project but  Help prepare the PAPs for receipt of financial will be called upon compensation; e.g. communication on impacts and options whenever found associated with compensation necessary.  Check payment with bank account number;  Oversee that PAPs receive cash compensation: In collaboration with other entities such as local and community authorities, the 80 Roles Responsibilities o Verify that compensation has been deposited in to Consultant will be the bank account or that check has been issued by particularly active in the the designated payer. creation of awareness o Notify PAPs and facilitate process where PAPs towards the need for the cannot access bank accounts or cash checks. households/owners of o Receive statement that PAPs have received other assets who will compensation. receive compensation money to use it for the  Provide facilitation assistance (e.g. for asset purpose that it is designed reconstruction, involvement of district/municipal authorities for. where needed, e.g. land identification and allocation);  Provide special assistance to vulnerable PAPs (e.g. households headed by women, children, elderly and chronically sick, businesses owned/managed by women, etc.);  Coordination of the process among the various jurisdictions (central, provincial and municipal levels, communities/bairros, households, etc.) involved in the process. The Consultant will be coordinating the involvement of all the implementing agencies.  Involvement of external public/private institutions in the process of income restoration (e.g. construction and restoration of trees and general cultivation where needed and relevant) and the mechanisms to ensure adequate performance of these institutions and identify gaps as well as find ways of dealing with these gaps;  Work with Developers in the description of mechanisms for ensuring independent monitoring, evaluation, and financial audit of the RAPs and for ensuring that corrective measures are carried out in a timely manner. Ensuring that the ESIA/ESMP and RAP processes are followed MITADER/DNA-DLA and adequately in line with the country’s legislation and accepted respective representatives traditions and the ESMF and RPF at the provincial and district levels Ensuring that PAP voice and genuine interests and concerns is PAPs and adequately considered in all phases of the process, including District/Municipal assisting PAPs to deal with and redress grievances Resettlement Committees 81 14 INSTITUTIONAL STRENGTHENING AND CAPACITY BUILDING Due to limited capacity to carry out all the activities around ESIA/ESMP and RAP particularly at the district and municipal levels there will the need to identify capacity building needs and design respective interventions to develop the necessary skills among institutions and staff. RAP processes in particular have not yet been entrenched in the country’s traditions and require considerable development of practical skills by all those who are involved in Mozambique. The Project will make resources available to accommodate the satisfaction of this important requirement. 14.1 Institutional Capacity Assessment and Analysis As described in the chapter dealing with the legal and regulatory framework there has been considerable progress in institutional, legal and regulatory processes related with environmental and social management in Mozambique. However, coordination and law enforcement remain as serious challenges. The host ministry (MITADER) is also entrusted with the responsibility of “promoting sustainable development through the practical leadership and execution of the country’s environmental policy�. However, it is a Ministry that is relatively new compared to other traditional ministries (e.g. agriculture, public works, education, health, etc.). This could be further compounded by the recent changes in MITADER mandate and management structure as it diverts part of its capacity to make the necessary adjustments to deliver. The various institutions, development strategies, laws and regulations are still in need of harmonization to ensure that they achieve common goals within the sector. Human and material investments are required to translate the various provisions into concrete actions. This is also further compounded by the fact that most of the country’s inhabitants are active in the informal sector, which makes it very difficult to work with and regulate. Within MITADER it is generally acknowledged and there is substantial evidence to the fact that at central and provincial levels, after many years of putting into practice the ESIA regulations, i.e. since 1998 when the first regulation (76/1998) was enacted, there is a considerable level of consolidated routines to deal with this matter. However such capacity does not exist at the district level such that up to this day ESIA screening reports for project categorization are reviewed only at the provincial level. Districts have not yet been given the mandate of performing this responsibility as it is acknowledged that they do not have the necessary capacity. Additionally, the traditions and routines only apply for the ESIA process as such. For resettlement this is not yet the case. This is explained by many factors such as:  Decree 31/2012 and other subsidiary regulations, e.g. for calculating compensation values for assets (infrastructures and agricultural) are new (dating mainly from 201o onwards) and not yet well known;  Resettlement is not yet regulated by one single document. It is a process that requires a combination of multiple legal instruments to get to a certain conclusion;  It is still too early for the various aspects including the knowledge by developers (public and private), consultants, PAP and other stakeholders to have developed commonly accepted routines that can be used to address the various issues that come to light in the course of resettlement activities. 82 In the foreseeable future resettlement will continue to require concerted efforts to ensure that it is carried out in a way that meets the stated objectives and particularly the principles set out under WB OP 4.12. 14.2 Proposed Training and Awareness Programs The general objective of the training and awareness programs for implementation of the ESIAs/ESMPs, PMP and particularly RAPs is to:  sensitize the various stakeholders on the linkages between environment and social impacts and Project subprojects, particularly rural feeder roads, agriculture development, agro-industry, land demarcation and titling, etc.;  demonstrate the role of the various key players in the implementation and monitoring of the safeguards instruments (ESMF-ESIA/ESMP, RPF/RAP, PMP, etc.), by disseminating these instruments as such and by drawing and disseminating lessons learned;  sensitize representatives and leaders of community groups and associations (who will in turn convey the message to their respective communities) on the implementation and management of the mitigation measures; and on their roles in achieving environmental and more importantly social sustainability;  ensure that both provincial and district level personnel are able to provide leadership and guidance as well as supervise the implementation of their components in the ESIA/ESMP, RPF/RAP, PMP, etc.;  ensure that Developers and PAP are able to analyze the potential environmental and social impacts, and competently prescribe mitigation options as well as supervise the implementation of management plans;  strengthen local NGOs and teams of extension workers to provide technical support to the farmers and other local people. The stakeholders have different training needs for awareness raising, sensitization, and comprehensive training, namely:  awareness-raising for participants who need to appreciate the significance or relevance of environmental and social issues, that go even beyond just safeguards (i.e. gender mainstreaming, social accountability and/or grievance redress mechanism, etc.);  sensitization for participants who need to be familiar with the ESIA/ESMP, PMP and RAP and to monitor respective implementation; and  Comprehensive training for participants who will need to understand the potential adverse environmental and social impacts and who will at times supervise implementation of mitigation measures and report to relevant authorities. Training should be practical in as much as possible. Working sessions to prepare the various forms that need to be filled under resettlement preparation (e.g. screening of subprojects for their social implications), implementation (e.g. household surveys) and monitoring (e.g. grievance documents) should be at the forefront of the capacity building process. The “Learning by Doing�24 approach in relative detriment of lectures and studies and other forms of advice and assistance will be given priority consideration. The training of trainers is also seen as a relevant approach as it will assist in the creation of basic 24 In which relevant personnel at the various levels are exposed to examples of good practices and/or where they learn by seeing and/or doing how things are approached and done. 83 conditions for sustainability and replication of the interventions. The outcomes of such a process will live beyond the life span of the project. Training and capacity building will be in the form of: Knowledge transfer between institutions: this will be aimed at promoting and supporting of MITADER personnel at the central and provincial level to participate in activities that encourage the transfer of experiences and knowledge through participation in forums, conferences and national and international courses and seminars that deal with specific resettlement issue; Institutional Strengthening to Local Governments: it will consist of the design and implementation of activities such as the development of management models, to systematize processes or activities of control, implementation of Resettlement Action Plans covering the entire cycle. 84 15 COMMUNITY PARTICIPATION AND STAKEHOLDER INVOLVEMENT IN PLANNING, IMPLEMENTATION, AND MONITORING In line with RAP principles and guidelines community consultation and participation should be at the center of the entire process as a way of providing an opportunity for all relevant stakeholders and particularly affected households and communities to get informed about the project. The process is also designed to instill a sense of ownership for the project and to provide an opportunity for all concerned parties to present their views and interests and expand options for dealing with sensitive matters. The participatory and public involvement principles have already been present in the formulation of the ESMF/PMP and this RPF. As part of the formulation of the above-mentioned documents, in addition to contacts with central level institutions in Maputo city, relevant people in the two provinces and ten districts were consulted initially to prepare the draft documents. Later on, using the Draft ESMP, RPF and PMP, the project structure and contents and the impacts that it is likely to be associated with as well as ways of dealing with the different aspects involved these documents were presented to the general public and selected groups (men, women, local leaders) and feedback was sought out. Annex 7 of this document (the RPF) presents a summary the main issues that came to light during the consultative process. As a way of meeting the requirements of the national and World Bank ESIA/ESMP and GOM RAP laws, regulations, policies and guidelines all phases of the Project including those that will come after ESMP, RFP and PMP approval should continue to make concerted efforts to derive maximum benefits from public consultation and involvement. This will be the main responsibility of the two (2) ESSS as well as of the entire PIU and MITADER in its capacity as the entity in charge of environmental management in the country. In line with the roles and responsibilities set out in the previous chapter, the following should be considered during the main phases of the RAP process: RAP Preparation RAPs under the Project will benefit greatly from the public participation process as many stakeholders are expected to suggest useful ways of tackling the various problems that may arise during the ESIA/ESMP and RAP processes. Other privileged occasion to be adequately used to keep PAPs informed and get their views will be during the socioeconomic surveys that will lead to the preparation of RAP documents. The Consultants responsible for RAP preparation, in collaboration with the Developers and District/Municipal authorities, should be given the responsibility of contacting all the relevant Bairro and Neighborhood (chefes de 10 casas) authorities in the project and particularly subproject area to provide general information about the Project, specific subprojects and to prepare the households and to get stakeholders to collaborate with the project. The questionnaires to be used for the data collection should include a briefing on the project background and specific elements of the subprojects at hand, as suggested in the template provided in Annex 6. RAP Implementation 85 The Resettlement Action Plans (RAPs) will include a time frame for implementing the resettlement in line with the Project/Subproject development. It is important to include the affected communities as integral part of the resettlement plan. Therefore, communities must have their own representatives (both male and female representatives), who will be part of the District/Municipal Resettlement Committees (RC) in representation of all relevant clusters of PAPs, as set out in the preceding chapter of this document. Community leaders shall get involved in the resettlement process in order to integrate community wishes and institutional arrangements to reach agreements. The community management bodies will be responsible for:  Participating in resettlement/compensation monitoring  Receiving and giving advice on grievances and play an active role in grievance redress  Providing assistance to families that will be affected and rebuild their lost assets: Each Committee shall be organized and all contacts with affected families shall be made through these organizational structures. Communication There will be a need to ensure that a practical communication system is established in order to strengthen the ability of all affected people to articulate, disseminate and make their own decisions. On the other hand it will be necessary to create conditions to help individuals and communities to understand and endorse the eligibility criteria and rules that will be agreed upon, in a transparent way. The main social groups to be targeted will be:  Those that will be compensated in cash  Those that will have their assets substituted  The vulnerable households that may be identified in the course of RAP implementation In order to empower the communities and the affected households, the communication systems to be adopted should embrace the “rights base approach�. NGOs and other entities with experience in this area should be engaged to promote it. In the specific case of ANRLMP subprojects the “rights base approach� means, among other aspects, that people understanding their entitlement to be compensated for the losses to be incurred and do not look at these as handouts/favors from local people. At times it happens that local leaders taking advantage of inadequate PAPs information and knowledge use processes like resettlement to promote other agendas, including buying allegiances, which should fall outside the intrinsic spirit of resettlement and should be prevented by all means. Adequate and permanent communication can go a long way in that regard. Communication should be conducted in different ways and using different methods as found fit for each case and circumstance, such as:  General meetings with groups of project/subproject affected people;  Focus group discussions involving specific and separate groups mainly women, men, the youth, business people, etc. This segregation process makes it easy to tailor specific messages for the concerned groups and makes it easy for 86 members of the groups to express themselves more openly once they are among their peers as opposed to being integrated with other people who might inhibit their frankness. Each and every meeting should be properly documented. The minutes of such meetings should, among other aspects, contain: (i) Date (ii) Venue a. District/Municipality b. Administrative Post c. Locality d. Village/Bairro (iii) Summary of the main issues presented during the meeting (iv) Summary of the main issues presented by the participants (Obs. all the concerns and interests should be recorded) (v) List of participants including the names and position of the organizers as well as contact details of all who attended the meeting. Meetings should be conducted in both languages, Portuguese and local languages. Other means of communication should also be used to disseminate information and all different kinds of instructions to affected people. These should include but not be limited to:  Radio – national, provincial and community  Television – national, provincial and community  Newspapers and news bulletins – national, provincial and community  Leaflets  Letters  Word of mouth  Etc. Communication material produced specifically to foster RAP interests should be circulated in Portuguese. Throughout RAP implementation it will be fundamental to bear in mind that institutions in Mozambique in general are weak and that these weaknesses will have a bearing in the entire process in one way or the other. Government/municipal institutions have weak capacity to deal with these additional tasks. They have limited human, material, financial and technological resources at the same time that they are overwhelmed by a multitude of other priorities and have limitations to articulate issues that do not fall under their usual agendas as is often the case with resettlement. Sometimes corruption hampers service delivery and accountability. This is further compounded by weak demand at community level, where vulnerability, dependency, cultural constraints and low levels of social capital, prevent poor people and their representatives from demanding their basic rights. The involvement of external organizations with a strong track record of addressing the above-mentioned issues will be fundamental. The “rights based approach� to education/capacity building should be at the forefront of the entire process. Local people and their organizations need to be empowered to know and understand their rights and be provided with adequate communication channels to foster their legitimate interests. 87 16 GRIEVANCE REDRESS MECHANISM/PROCEDURES Given the complexities and sensitivities involved in resettlement, it is not unusual for grievances and disputes to occur during p l ann i ng a n d implementation. Typically grievances will be concerned with compensation entitlements (whether or not affected assets or their owners or users were correctly identified (if at all) or valued, etc.), but can also reflect concerns regarding process or transparency of implementation (for example, whether households were consulted adequately regarding resettlement options, or given fair access to livelihood restoration training program). As such, it is essential (and a requirement of OP/BP 4.12) that all resettlement projects incorporate a Grievance Redress Mechanism – and one that is accessible, free, easily understood, transparent, responsive and effective, does not restrict access to official grievance channels (such as the courts including traditional courts), and causes no fear of negative consequences for its recourse amongst users. The Grievance Redress Mechanism to be followed under the Project will adhere to the following general aspects:  Registering and addressing grievances;  Mechanisms for appeal;  Provisions for approaching civil courts if other options fail. The objective is to respond to the complaints of PAPs in a fast a transparent manner. It is believed that the proposed institutional arrangement for subprojects under this project will ensure that PAPs have avenues for presenting and redressing their grievances related to any aspect of the RAP. The process and procedures should be structured as follows: General Principles The general rule is that all grievances related with non-fulfilment of contracts, levels of compensation, or seizure of assets without compensation should be brought to the attention of relevant officers within the District Resettlement Committee including local authorities (at the community and neighborhood levels) and dealt with. Communication should be done in relevant languages mainly (for verbal communication mainly under the Project RAPs, written material will be only in Portuguese) and Portuguese. General grievance forms to be used should be prepared by Project Implementation Units and made known and available to all potential users, although people should also feel free to use their own grievance documents at wish. At the grassroots level, mainly bairro and neighborhood the country does not have unified structures to manage common matters affecting those who live there. What is a fact is that in all cases there is always some form of organization and/or representation of the households by entities such as the “Heads of Ten Houses� (Chefe das Dez Casas), “Grupo Dinamizador� Secretaries, Traditional Leaders, Religious Leaders, etc. who represent people living within certain jurisdiction. Depending on the specific cases, these should be chosen to organize and represent the households throughout the RAP process and particularly during the presentation and redressing of grievances. They should by themselves and/or assisted by other people be able to carry out all the secretarial work involved in the process, such as preparing/writing the grievances where needed, collecting them, filing, sending, translating, etc. Where affected people/households/ 88 entities want to handle the whole process by themselves they should be allowed to do so. Representation may be the best approach but it should not be imposed. The following stages and procedures are suggested for the process: 89 Figure 10: Grievance Redress Process • Potential PAP grievance documented in the appropriate form to be provided by Project Implementation Units; if during the process it appears that the PAP did not understand the entitlement, this can be explained. The Project Management (PCU) should not discourage the filling of a grievance. The grievance will be captured in the Grievance/Issues Register. PCU should also help (if necessary) PAPs to fill and sign the forms and PCU representative needs to be included in the form • PAPs who are illiterate or who do not understand Portguese are able to file grievances with someone to act as their advocate • Depending on the nature and characteristics of the issue at stake the Resettlement Committee (RC) makes first judgment to accept or reject a grievance • If accepted the RC recommends a final solution • If the aggrieved person is not satisfied with Stage 1 decision he/she shall forward the case to the Chefe do Posto Administrativo with a preliminary report prepared by Project Implementation Entity • The report should contain the details of the grievance and hearing date and decision of the resettlement committee • If the PAP is still dissatisfied with the decision taken after Stage 2, he/she shall forward the case to Technical Committee for Monitoring and Supervision of Resettlement at the local/distrcit level • The grievance shall be forwarded with all the documented details of the case to date • It is assumed that all cases shall be solved at Technical Committee for Monitoring and Supervision of Resettlement level. However, there are cases that may remain unresolved • For such cases, the PAP shall have the option to refer his/her case to the District Administrator/Mayor of the Municipality for final amicable solution • If no amicable solution is reached in Step 4 the PAP will have recourse to the District/Municipal courts • This is a stage that although should always be made available. It should be discouraged by all positive means such as timely communication and open negotiation 90 The institutional arrangements and the principles and procedures of community consultation and participation that are intrinsic to the RAP are designed to allow for the process to detect and deal with the problems in a timely and satisfactory manner for all parties concerned. This continuous consultation process should assist in ensuring that solutions are reached by consensus based on negotiation and agreement. Detailed procedures to redress grievances and appeal process should be disseminated among PAPs who have to be empowered to use them as they find it fit. The empowerment process described in previous chapters will, among other aspects, focus on these procedures. The procedures will be disseminated during all phases of the RAP, in line with the roles and responsibilities set out in Chapter 13 of this document. 91 17 MONITORING AND EVALUATION ARRANGEMENTS Where relocation will happen, the restoration and normalization of PAPs livelihoods may be a slow process. It may take a few months or more to reach what can be considered the final level of stability. It is to be expected that the first 6 to 12 months of implementation of each RAP will be of significant changes. It is during this stage that adequate and prompt interventions to correct any deviations will be mostly required. The remaining time will be dedicated to process maintenance. But it will be crucial to have systems and procedures to ensure that the ultimate objectives of the RAP are attained. A participatory monitoring and evaluation process will be fundamental during the course of Project implementation. This process should be conducted in such a way as to enable all interested parties and particularly the beneficiary households and communities to get involved in all aspects of planning, monitoring and evaluation. The process should be as simply as possible to enable all stakeholders to regularly reflect on progress at each stage and identify what needs to be done to ensure that the Project interventions benefit all and do not impact negatively on the lives of directly affected people and other people along the directly affected areas. Monitoring and Evaluation (M&E) is an essential part of RAP implementation in order to measure actual performance against what was planned according to a number of selected indicators – in terms of outputs and outcomes and particularly in relation to livelihoods and living standards of project affected people. The following aspects of M&E will be important:  RAP Performance Indicators;  Internal performance monitoring process;  Feedback from internal monitoring to implementation;  External Monitoring;  Final External Evaluation. RAP Performance Indicators RAP Performance Indicators will be derived from the socioeconomic baseline survey and will form the basis on which RAP performance will be measured; any changes in indicators (qualitative or quantitative) will be assessed to identify the extent to which these changes have been caused by resettlement or come as a result of other factors. In many cases the link is direct and obvious (such as in number of people who opt for replacement housing rather than cash compensation or number of people provided with livelihood restoration training). Changes in other cases (such as changes in income or educational levels or aspirations of women) may require further investigation to attribute causality. Specific forms/tables will be prepared for each RAP/subproject setting out a number of indicators against which RAP performance can be monitored and assessed – for the purposes both of internal and external monitoring. The results of the socioeconomic surveys that will have led to the formulation of the RAP will be used as baseline indicators to objectively measure progress as the implementation of RAPs evolves. The findings of different RAPs on the number of households and people that will have to be compensated and will have their affected assets substituted, as well as the principles to be followed and the quality of livelihood restoration will form the basis of the entire process. 92 Internal Monitoring Quantitative analyses will use the database containing information on each and every family that will have been prepared as part of each RAP. The database or just parts of it will continue to be used throughout implementation to regularly generate reports on progress made by each household and the each RAP in terms of:  Assets status, occupation and living conditions and supervision of implementation of compensation and substitution as agreed upon with the affected households;  Monitor whether the implementation of all aspects is progressing as provided in each RAP and/or its updated version;  Monitor the timely and sufficient disbursement of funds;  Investigate and assess each case of complaint and grievance;  Monitor and assess the quality of life restoration and progress towards poverty alleviation and improvement of living standards. Qualitative analyses will draw from community level review/reflection on progress, matters arising and identification of issues to be dealt with as times progresses. Selected people at community level will take and prepare minutes during community meetings and these will be used by project management to carry out relevant actions. Forms and templates for preparing these reports should be prepared by the Consultant and TA in general, under PCU Managers’ supervision. People should receive training to make their adequate use. The RAP/Project Implementation Entity as well as the two ESSS and the PIU as a whole and other interested parties (e.g. district and municipal authorities) will monitor project activities through visits to selected project sites using performance review checklists. Checklists will also be developed. Corrective actions will be taken immediately as soon as deviations are identified. The above-mentioned institutions will prepare regular status quo reports using a reporting format agreed upon and performance indicators. The annual report will feed into an annual review by presenting achievements, lessons learnt and recommendations. External Monitoring and Evaluation Besides evaluating the regular reports (e.g. quarterly) produced by internal monitors and conduct the same king of investigation assigned to internal monitoring, the external monitoring agency will be responsible for the following:  Evaluation of inventory survey  Evaluation of socio-economic project impact on the PAPs  Supervision of the implementation of the RAPs to achieve the objectives and in particular "to improve or at least maintain the incomes and living conditions of the PAP after the resettlement/compensation A final participatory evaluation will be conducted three months before the end of each RAP to measure outcomes and impacts. This will be done by an external team specifically hired to conduct this final evaluation process, which will focus on:  Evaluation of inventory survey  Evaluation of socioeconomic impact of the RAP 93  Ascertain the extent to which the principles stated in each RAP have been fulfilled particularly in what concerns “improvement of living standards of the affected people or at least restoration of living standards to pre-project time� In short monitoring and evaluation will be continuous and will focus on short and medium/long term objectives of the RAPs. The table below provides an example of a structure and issues that can be adopted to undertake monitoring and evaluation of resettlement implementation. The hired consultants that will engaged to supply goods and services will take the lead in all instances and be actively assisted by local authorities under the supervision of the PIU at the provincial level and the Social Safeguards Specialist. The issues covered by the household questionnaire and respective results after data collection, processing and reporting also offer examples of items that can be used to prepare and conduct socioeconomic and sociodemographic monitoring and evaluation of the resettlement impact on the households over time. Reference is made to aspects such as:  Quantitative and qualitative changes in access to goods and services (water supply, sanitation, education, health, etc.)  Changes in levels of income  Changes in diversification/improvement of housing, income generating activities  Etc. 94 Table 9: Monitoring and evaluation of resettlement performance indicators N.º Activity/Development to be Monitored Indicators Responsible Entity 1 Commencement of RAP Implementation 1.1 Finalization of identification of all stakeholders and List of relevant project HIRED CONSULTANTS25 stakeholder profiling and definition of roles and stakeholders responsibilities 1.2 Setting of the RAP Working Groups from the Number of working groups HIRED CONSULTANTS municipal level to the bairro/household level and created and in operation establishment of the various subgroups District/Municipal Councils Community Leaders 1.3 Establishment of an effective management,  Household data HIRED CONSULTANTS administrative and reporting system . sheets; Development/improvement of all relevant working  Final forms/templates contracts/agreements with the PAPs;  Bank accounts  Checks  Grievance redress system and respective tools 1.4 Develop and establish a communication strategy to Number of radio, TV, HIRED CONSULTANTS be adopted by RAP Working Groups newspapers/bulletins, leaflets, letters, word of mouth, ANRLMP Communication meetings programs activities Officer dedicated to RAP 2 RAP Dissemination 25 Consultants will be hired by the Developers using ANRLMP funds allocated under the ESMF and RPF to prepare and implmenet ESIA/ESMP and PAR. 95 N.º Activity/Development to be Monitored Indicators Responsible Entity 2.1 Formal notification of all stakeholders of Number of radio, TV, HIRED CONSULTANTS DEVELOPER’s intention to acquire land and the need newspapers/bulletins, leaflets, for resettlement and initial dissemination of RAP letters, word of mouth, ANRLMP Communication schedule meetings programs activities Officer dedicated to notification of land taking District/Municipal Resettlement Committee 3 Land Acquisition/ RAP preparation and implementation (prior to taking of the land) 3.1 Continuous communication and dissemination of Number of radio, TV, HIRED CONSULTANTS relevant information to all stakeholders, including newspapers/bulletins, leaflets, communication of cut-off dates and community letters, word of mouth, District/Municipal consultation/participation meetings programs activities Resettlement Committee dedicated to communication of cut-off dates and RAP issues ANRLMP Communication in general Officer 3.2 Demarcation of authorized area to be affected Number of stickers other HIRED CONSULTANTS markers demarcating COI 3.3 Do the tracking and finding absent PAPs Number of PAPs identified HIRED CONSULTANTS after RAP commencement 3.4 Help prepare the PAPs for receipt of financial Minutes of meetings on project HIRED CONSULTANTS compensation; e.g. communication on impacts and impacts and options for options associated with co compensation/relocation District/Municipal Resettlement Committee 3.5 Assist PAPs to obtain necessary documentation (e.g. Number of PAPs with IDs that HIRED CONSULTANTS ID) in order to carry out the various steps required did not have before RAP under RAP (e.g. opening of bank accounts) commencement District/Municipal Resettlement Committee 3.6 Obtain bank account numbers or help open bank Number of bank accounts HIRED CONSULTANTS accounts for all PAPs who will receive bank payments opened by PAPs with HIRED CONSULTANTS assistance 3.7 Provide lists of PAPs to be compensated according Lists and number of PAPs and HIRED CONSULTANTS to method of payment. Provide list to ANRLMP Fiscal entitlements delivered to Agent ANRLMP Fiscal Agent 96 N.º Activity/Development to be Monitored Indicators Responsible Entity 4 Delivery of Entitlements HIRED CONSULTANTS (Resettlement/Compensation) 4.1 Continuous communication and dissemination of Number of radio, TV, HIRED CONSULTANTS relevant information to all stakeholders and newspapers/bulletins, leaflets, community consultation/participation as well as letters, word of mouth, training and capacity building as needed and meetings programs activities identified dedicated to RAP issues and progress in general 4.2 Check payment with bank account number Number of PAPs paid through HIRED CONSULTANTS bank checks/transfers 4.3 Oversee that PAP receives cash compensation % of PAPs with compensation HIRED CONSULTANTS paid 4.4 Verify that compensation has been deposited in to the To be developed HIRED CONSULTANTS bank account or that check has been issued by ANRLMP Fiscal Agent 4.5 Notify PAPs and facilitate process where PAP can Number of notification HIRED CONSULTANTS access bank account or cash check received by PAPs notifying about bank accounts and District/Municipal check payments Resettlement Committee 4.6 Receive statement that PAP has received Number of signed statement HIRED CONSULTANTS compensation by PAPs as compared to number of PAPs District/Municipal Resettlement Committee 4.7 Ensure that areas vacated are not encroached again To be developed HIRED CONSULTANTS District/Municipal Resettlement Committee 4.8 Verification and handling of grievances including To be developed HIRED CONSULTANTS looking for the lost in the process District/Municipal Resettlement Committee 5 Post Resettlement Activities and Monitoring and HIRED CONSULTANTS Evaluation 97 N.º Activity/Development to be Monitored Indicators Responsible Entity 5.1 Assisting compensated households to normalize and Assessment of income and HIRED CONSULTANTS where possible to improve their productive systems in livelihoods in project affected relevant areas areas as compared to pre- District/Municipal RAP implementation Resettlement Committee 5.2 Reestablishment of local markets Assessment of supply of HIRED CONSULTANTS goods and services and customer satisfaction in the District/Municipal project affected areas Resettlement Committee comparing with pre-RAP implementation 5.3 Ensure that areas vacated are not encroached again Number of people within COI HIRED CONSULTANTS after RAP implementation District/Municipal Resettlement Committee 5.4 Verification and handling of grievances Number of grievances and HIRED CONSULTANTS settlements processed District/Municipal Resettlement Committee 6 Final Evaluation Final RAP Report by external evaluation 5 Post Resettlement Activities and Monitoring and HIRED CONSULTANTS Evaluation 5.1 Assisting compensated households to normalize and Assessment of income and HIRED CONSULTANTS where possible to improve their productive systems in livelihoods in project affected relevant areas areas as compared to pre- District/Municipal RAP implementation Resettlement Committee 5.2 Reestablishment of local markets Assessment of supply of HIRED CONSULTANTS goods and services and customer satisfaction in the District/Municipal project affected areas Resettlement Committee comparing with pre-RAP implementation 5.3 Ensure that areas vacated are not encroached again Number of people within COI HIRED CONSULTANTS after RAP implementation 98 N.º Activity/Development to be Monitored Indicators Responsible Entity 5.4 Verification and handling of grievances Number of grievances and HIRED CONSULTANTS settlements processed District/Municipal Resettlement Committee 6 Final Evaluation Final RAP Report by external HIRED CONSULTANTS evaluation ANRLMP PIU 99 18 ARRANGEMENTS FOR RESETTLEMENT FUNDING AND ESTIMATED RPF BUDGET Under the ESMF and RPF funds will be made available, among other aspects, to fund the safeguards management including training, preparation of RAPs, ESIAs and ESMPs and monitoring of implementation of safeguards instruments as well as impact evaluation in the many areas in which the project will be active. Based on the Project structure and contents and on what is known about the receiving social environment the need to relocate people and their assets will be minimal. Where subprojects will require such to happen this will be condensed in abbreviated resettlement action plans (RAP), which are acceptable for both the GOM and the WB when resettlement does not affect more than 200 people. When larger groups are involved a full fledged Resettlement Action Plan shall be prepared. Although possible this is unlikely under this project. Project funds will be used to cover preparation, management and supervision costs. They will also cover the costs of hiring facilitators of resettlement implementation, monitoring and all compensation and mitigation measures including the payment of cash compensation. In the absence of details the footprint and quantification of the different interventions that will have resettlement implications at this stage of the process the initial budget lines and estimate of lump sum amount necessary to cover this particular component of the Project is calculated on the basis of percentage of the amounts allocated for each major areas of intervention, namely Improving rural infrastructure (US$ 28.0 m) and Supporting land tenure regularization (US$ 7.0 m), totaling US$ 35.0 m. The percentage is estimated at 0.02%, which was found to be in line with other Category B projects with similar characteristics in Mozambique. Thus, the total amount to cover resettlement costs stands at US$ 700,000.00. In due course the distribution of this amount will be made but one area that is going to mobilize most of the fund is the payment of all forms of compensation and livelihood restoration, followed by provision of various types of services, including the formulation, implementation and monitoring and evaluation of RAP. Below are the items to be considered for implementing the RPF as well as for preparing and implementing the RAPs, including monitoring, evaluation, auditing and capacity building. Table 10: Estimated budget and items Nr. Item Total Amount in US$ (,000) 1 Preparation of RAPs (~20 abbrev. RAPs) 2 Management organization, and supervision 3 Technical assistance 4 Monitoring and evaluation Community capacity development & resettlement 5 facilitation 6 Compensation & mitigation measures 7 Cash compensation 8 Livelihood restoration 9 Conflict resolution 100 Total 700.0 The estimated total cost for implementing the RPF and preparing and implementing the site specific RAPs stands at US$ 700,000.00 (seven hundred thousand American Dollars). 101 References ANE/WB (2006) “Resettlement Policy Framework for the Roads Sector� (Draft). Maputo, Mozambique Carlos Nuno Castel-Branco (2008) "The Mega Projects in Mozambique: What Contribution to National Economy?" Civil Society Forum on Extractive Industries, Natural History Museum (Maputo), 27 and 28 November 2008 CEDSIF, (date). Terms of Reference for support to the development of SGM CM, Maio 2011. “Plano de Acção para a Redução da Pobreza (PARP) 2011-2014 – Aprovado na 15ª Sessão Ordinária do Conselho de Ministros de 3 de Maio de 2011�, Maputo, Moçambique. CNCS, 2009. “HIV/SIDA em Moçambique�, Maputo, Moçambique Decreto n.º 23/2008, de 1 de Julho (Regulamento de Ordenamento do Território) Decreto 31/2012, de 8 de Agosto (Regulamento sobre o Processo de Reassentamento Resultante de Actividades Económicas) Decreto n.º 42/2008, de 4 de Novembro (RPAIA) Decreto n.º 45/2004, de 29 de Setembro (RPAIA) Decreto n.º 54/2015, de 31 de Dezembro (RPAIA) Diploma Ministerial n.º 181/2010 de 3 de Novembro (Ministérios para a Coordenação da Acção Ambiental (MITADER), Finanças (MF) e Justiça (MJ) (2010) –sobre “Processo de Expropriações para Efeitos de Ordenamento Territorial�). FIPAG (2003) – “Guidance on Environmental Assessment and Management of the Project of the NWDP�, Maputo, Mozambique Fourth High Level Forum on Aid Effectiveness (HLF-4, 29 November-1 December 2011), Busan, Korea GOM, 2005. Strategic Plan for the Environment Sector 2005 – 2015 GOM, 2012. Simplified Matrix for Environment, 2012 IFC (2002) “Handbook for Preparing a Resettlement Action Plan�, Environmental and Social Development Department, Washington, DC, USA INE (2009). “Recenseamento Geral da População e Habitação – Resultados Definitivos�, Maputo, Moçambique. Lei n.º 19/2007 de 18 de Julho (Ordenamento Territorial) Memorandum of Understanding RDE – SCC, 2011-07-05 MICOA, 2007. Environmental Strategy for Sustainable Development, EADS, December 2007 MICOA, 2011. “Relatório do Estado do Ambiente em Moçambique�, Maputo, Moçambique. MICOA 2011. Budget summaries for PES 2011, by programme, ESPS II executing agency. MICOA/DINAPOT (2008) – “Integração do Planeamento do Uso da Terra no Processo da Planificação Descentralizada�, Maputo, Moçambique MICOA/INE , 2010. “Compêndio de Estatísticas do Ambiente�, Maputo, Moçambique 102 Mozambique Country Report, The Economist Intelligence Unit, May 2011 MPD, 2010. “Report on the Millennium Development Goals�, Maputo, Mozambique UNDP, 2015. “2015 Human Development Report – Rethinking Work for Human Development�, 1 UN Plaza, New York, NY 10017, USA. WASIS (2007) “Water Sector Services and Institutional Support Project – Resettlement Policy Framework�. World Bank (2004) “Involuntary Resettlement Source Book – Planning and Implementation of Development Projects�. Washington, DC 103 Annexes A Annex 1: Current status of preparation of PDUT (district land use plans) in the two provinces TOTAL DE DISTRITOS COM PLANOS DISTRITOS SEM PROV�NCIA ORDEM ANO DE ELABORAÇÃO PLANOS ELABORADOS PLANOS 25 1 Mossuril 2009 Moma 26 2 Ilha de Moçambique 2008 Mongicual 27 3 Nacala - Porto 2009 Eráti 28 4 Angoche 2008 Memba 29 5 Nacala -a- Velha 2010 Nacarôa 30 6 Mongovolas 2011 31 7 Murrupula 2011 NAMPULA 32 8 Monapo 2010 33 9 Nampula Rapale 2011 34 10 Muecate 2011 35 11 Mecuburi 2011 36 12 Malema 2012 Total Distritos Sem 37 13 Ribaúe 2012 Planos = 5 38 14 Meconta 2012 39 15 Lalaua 2012 Total de distritos com Planos = 15 TOTAL DE DISTRITOS COM PLANOS DISTRITOS SEM PROV�NCIA ORDEM ANO DE ELABORAÇÃO PLANOS ELABORADOS PLANOS 40 1 Mocuba 2009 Namarroi 41 2 Pebane 2009 Gurué 42 3 Alto Molócué 2009 Lugela 43 4 Namacurra 2009 44 5 Mangaja da Costa 2009 45 6 Chinde 2009 ZAMBÉZIA 46 7 Morrumbala 2011 47 8 Mopeia 2011 48 9 Gilé 2011 49 10 Nicoadala 2012 Total de distritos sem 50 11 Ile 2012 Planos = 3 51 12 Milange 2012 52 13 Inhassunge 2012 Total de Distritos Com Planos = 13 B C Annex 2: Project Screening Form 1. NAME OF THE APPSA PROJECT COMPONENT: ___________________________ Rehabilitation Expansion New 2. DPA/SDAE CONTACT PERSON:___________________________________________________ 3. LOCATION: (Map attached with the location of the activity) . 4. ZONNING: Residential zone Savanna Wetland Green Free area Semi-urban area Informal settlement 5. PROJECT DESCRIPTION: Brief description of the project (site area, project capacity, size) Estimated of resettlement of families/households:_____ Project Affected Persons: Crops:___________ Project Affected Persons: Trees:___________ Project Affected Persons: Ancillary structures: ___________ Project Affected Persons: Commercial structures:___________ Project affected sacred sites: Cemeteries______________ Project affected sacred sites: Graves______________ Project affected wells:______________ 6. LAND OWNERSHIP:____________________________ A 7. LOCATION ALTERNATIVES:____________________________ a) Land use in the site and surrounding areas Site area Surrounding area Residential Commerce and Services Industry Agriculture Leisure & Sport School Health Center Heritage or sacred site b) Main existing social infra-structures in the surrounding area: School Health Post Water well with Pump Latrines Drainage network Road Electricity Telecommunication Other: B Annex 3: Preliminary Environmental Information Sheet FICHA DE INFORMAÇÃO AMBIENTAL PRELIMINAR 1. Nome da actividade: 2. Tipo de actividade: a) Turística Industrial Agro-pecuária Outro Especifique b) Novo X Reabilitação Expansão 3. Identificação do(s) proponente(s): 4. Endereço/contacto: ___________________________________________________________________ ___________________________________________________________________ 5. Localização da actividade: 5.1 Localização administrativa: 5.2 Meio de inserção: Urbano Rural 6. Enquadramento no zoneamento: Espaço habitacional Industrial Serviço Verde 7. Descrição da actividade: 7.1 Infra-estruturas da actividade, suas dimensões e capacidade instalada (juntar sempre que possível as peças desenhadas e escritas da actividade): 7.2 Actividades associadas: 7.3 Breve descrição da tecnologia de construção e de operação: 7.4 Actividades principais e complementares: 7.5 Tipo, origem e quantidade da mão-de-obra: 7.6 Tipo, origem e quantidades de matéria-prima: C 7.7 Produtos químicos citados cientificamente a serem usados: (caso a lista seja longa deverá produzir-se em anexo) 7.8 Tipo, origem e quantidade de consumo de água e energia: 7.9 Origem e quantidade de combustíveis e lubrificantes a serem usados: 7.10 Outros recursos necessários: ______________________________________________________________________ ______________________________________________________________________ _____________________________________________________________ 8. Posse de terra (situação legal sobre a aquisição do espaço físico): _______________________________________________________________________ _______________________________________________________________________ ___________________________________________________________ 9. Alternativas de localização da actividade: (Motivo da escolha do local de implantação da actividade e indicando pelo menos dois locais alternativos) ______________________________________________________________________ ______________________________________________________________________ _____________________________________________________________ 10. Breve informação sobre a situação ambiental de referência local e regional: 10.1 Características físicas do local de implantação da actividade: Planície Planalto Vale Montanha 10.2 Ecossistemas predominantes: Rio Lago Mar Terrestre 10.3 Zona de localização: Zona Costeira Zona do interior Ilha 10.4 Tipo de vegetação predominante: Floresta Savana Outros (especifique)___ A vegetação é dominada por gramíneas, pinheiros casuarinas, coqueiros e arbustos e árvores indígenas. 10.5 Uso do solo de acordo com o plano de estrutura ou outra política vigente: Machamba Habitacional Industrial Protecção Outros ( Especifique)_________________________ D 10.6 Infra-estruturas principais existentes ao redor da área da actividade: 11. Informação complementar através de mapas  Outra informação pertinente que julgar relevante. Local, data (dia/mês/ano) E Annex 4. Guidelines for Site Specific RAPs (Adapted from the World Bank Operational Policies: Involuntary Resettlement Instruments) 1. The scope and level of detail of the resettlement plan vary with the magnitude and complexity of resettlement. The plan is based on up-to-date and reliable information about (a) the proposed resettlement and its impacts on the PAPs and other adversely affected groups, and (b) the legal issues involved in resettlement. As already stated in the TORs below (Annex 10), the Resettlement Action Plan covers the elements below, as relevant. When any element is not relevant to project circumstances, it should be noted in the resettlement plan. 2. Description of the project. General description of the project and identification of the project area 3. Potential impacts. Identification of (a) the project component or activities that give rise to resettlement; (b) the zone of impact of such component or activities; (c) the alternatives considered to avoid or minimize resettlement; and (d) the mechanisms established to minimize resettlement, to the extent possible, during project implementation. 4. Socioeconomic studies. The findings of socioeconomic studies to be conducted in the early stages of project preparation and with the involvement of potentially displaced people, including (a) The results of a census survey covering: (i) Current occupants of the affected area to establish a basis for the design of the resettlement program and to exclude subsequent inflows of people from eligibility for compensation and resettlement assistance; (ii) Standard characteristics of displaced households, including a description of production systems, labor, and household organization; and baseline information on livelihoods (including, as relevant, production levels and income derived from both formal and informal economic activities) and standards of living (including health status) of the displaced population; (iii) The magnitude of the expected loss (total/partial) of assets, and the extent of displacement, physical or economic; (iv) Information on vulnerable groups or persons as provided for in OP/BP 4.12, for whom special provisions may have to be made; and F (v) Provisions to update information on the displaced people’s livelihoods and standards of living at regular intervals so that the latest information is available at the time of their displacement. (b) Other studies describing the following: (i) Land tenure and transfer systems, including an inventory of common property natural resources from which people derive their livelihoods and sustenance, non-title-based usufruct systems (including fishing, grazing, or use of forest areas) governed by local recognized land allocation mechanisms, and any issues raised by different tenure systems in the project area; (ii) The patterns of social interaction in the affected communities, including social networks and social support systems, and how they will be affected by the project; (iii) Public infrastructure and social services that will be affected; and (iv) Social and cultural characteristics of displaced communities, including a description of formal and informal institutions (e.g., community organizations, ritual groups, nongovernmental organizations (NGOs)) that may be relevant to the consultation strategy and to designing and implementing the resettlement activities. 5. Institutional Requirements. (a) The identification of agencies responsible for resettlement activities; and NGOs that may have a role in project implementation; (b) Any steps proposed to enhance the institutional capacity of agencies and NGOs responsible for resettlement implementation. 6. Eligibility. Criteria for determining the eligibility for compensation and other resettlement assistance, including relevant cut-off dates 7. Valuation of and compensation and resettlement and for losses . The methodology to be used in valuing assets and in the determination of their replacement cost. A description of the proposed types and levels of compensation. A description of the packages of compensation and other resettlement measures that will assist each category of eligible PAPs to achieve the objectives of the policy (see OP 4.12, para. 6) 8. Relocation. Alternative relocation sites considered, covering a. Relocation sites, whether rural or urban, which are at least comparable to the advantages of the old sites; (b) Procedures for physical relocation under the project, including timetables for site preparation and transfer; and (b) Legal arrangements for regularizing tenure and transferring titles to resettled people. G 9. Housing, infrastructure, and social services. Plans to provide (or to finance resettled people’s provision of housing, infrastructure (e.g., water supply, feeder roads), and social services (e.g., schools, health services); plans to ensure comparable services to host populations; any necessary site development, engineering, and architectural designs for these facilities. 10. Environmental protection and management. An assessment of the environmental impacts of the proposed resettlement and measures to mitigate and manage these impacts (coordinated as appropriate with the environmental assessment of the main investment requiring the resettlement). 11. Community participation. Involvement of resettled people and host communities, including (a) (a) A description of the strategy for consultation with and participation of resettled people and hosts in the design and implementation of the resettlement activities; (b) (b) A summary of the views expressed and how these views were taken into account in preparing the resettlement plan; (c) (c) A review of the resettlement alternatives presented and the choices made by PAPs regarding options available to them, including choices related to forms of compensation and resettlement assistance. (d) (d) Institutionalized arrangements by which displaced people can communicate their concerns to project authorities throughout planning and implementation, and measures to ensure that such vulnerable groups as indigenous people, ethnic minorities, the landless, and women are adequately represented. 12. Grievance procedures. Affordable and accessible procedures for third-party settlement of disputes arising from resettlement; such grievance mechanisms should take into account the availability of judicial recourse and community and traditional dispute settlement mechanisms. 13. Organizational responsibilities. The organizational framework for implementing resettlement, including identification of agencies responsible for delivery of resettlement measures and provision of services; arrangements to ensure appropriate coordination between agencies and jurisdictions involved in implementation; and any measures (including technical assistance) needed to strengthen the implementing agencies’ capacity to design and carry out resettlement activities; provisions for the transfer to local authorities or resettled people themselves of responsibility for managing facilities and services provided under the project and for transferring other such responsibilities from the resettlement implementing agencies, when appropriate. 14. Implementation schedule. An implementation schedule covering all resettlement activities from preparation through implementation, including target dates for the achievement of expected benefits to PAP and hosts and terminating the various forms of assistance. The schedule should indicate how the resettlement activities are linked to the implementation of the overall project. H 15. Costs and budget. Tables showing itemized cost estimates for all resettlement activities, including allowances for inflation, population growth, and other contingencies; timetables for expenditures; sources of funds; and arrangements for timely flow of funds, and funding for resettlement, if any, in areas outside the jurisdiction of the implementing agencies. 16. Monitoring and evaluation. Arrangements for monitoring of resettlement activities by the implementing agency, to ensure complete and objective information; performance monitoring indicators to measure inputs, outputs, and outcomes for resettlement activities; involvement of the PAPs in the monitoring process; evaluation of the impact of resettlement for a reasonable period after all resettlement and related development activities have been completed; using the results of resettlement monitoring to guide subsequent implementation. I Annex 5. Outline of a Resettlement Action Plan (RAP) S/N Elements Activities 1 Description of Define the Project, and its components and the Project Site (s) the Project Determine whether the Project will require land acquisition and relocation of persons Describe the amount of land acquisition and resettlement required Identify options of reducing amount of resettlement Quantify the options of minimizing resettlement 2 Project Formulate the main objectives of the Project Objectives Identify Specific Objectives 3 Socio- Carry out census of affected community/individual and their assets. Economic Determine income levels and livelihood patterns of the affected persons Studies/Cens Identify alternatives of restoring income for the displaced population us Define magnitude of the impacts with special reference to vulnerable groups ( aged, HIV and other ailed persons, female-headed households, the poor etc.) -Document landholding tenure system in place, lot sizes and any cultural heritages/values that may be restricted by the project Describe any social organizations in place that may be impacted Document type and size of infrastructure and other services that may be impacted Summarize impacts of the project for each categories of affected groups Provide mechanism for updating information on the displaced population 4 Legal/Instituti Define the Project affected Persons onal Identify local agencies responsible for resettlement Framework Discuss staffing of the Project Resettlement Unit Assess capacity of the agencies to handle the magnitude of the resettlement Comply with national and local legislation on matters relating to land and environment Describe plan to inform the affected population 5 Eligibility and Set criteria for the displaced persons to be eligible for compensation and Entitlements resettlement Prepare Entitlement Matrix Determine Assistance required for resettlement 6 Compensatio Appoint Registered/District Valuator for compensation purposes n Assessment Carry out consultation with affected persons Identify and inspect affected assets for valuation Process Valuation Report and prepare Compensation Schedule Determine whether additional income assistance is necessary 7 Resettlement Determine need for relocation and discuss with affected person Plan Select site for relocation and make arrangement for land titling in favor of PAP In consultation with respective District Settlement Planning Department, prepare Resettlement Plan Discuss outsourced services if any and draw up cost implications Ensure Plan comply with environmental consideration Evaluate the impact of the Plan on host community Determine any special assistance measures necessary to vulnerable groups Identify risks associated with the Plan and chart out ways of overcoming them Provide information on updating of the Plan 8 Grievances Design system for recording grievances and establish response time Redress Discuss mechanism for hearing grievances Mechanism Discuss appeal Measures 9 Organizationa Prepare implementation schedule indicating target dates and backstopping l measures Discuss arrangements for coordinating agencies and other jurisdictions J S/N Elements Activities Responsibiliti Describe measures of transferring responsibilities of resettlement sites back to es respective authorities 10 Costs and Prepare a financial plan with emphasis on responsibilities and accountability Budgets List sources of funds Identify components of the sub-project that may require additional external funding Discuss provisions for handling price fluctuations, contingencies and excess expenditure Prepare a template for Project Cost Estimate/budget 11 Monitoring Discuss measures for external and internal monitoring and Define monitoring indicators Evaluation Determine mode and frequency of reporting and content of internal monitoring Discuss feedback mechanism K Annex 6: Template of the Household Questionnaire HOUSEHOLD QUESTIONNAIRE NR. Of Date Questionnaire Enumerator INSTRUCTIONS TO THE ENUMERATOR:  Request to speak with head of the household or the spouse for consent to conduct the interview.  The questionnaire should preferably be administered to the head of household together with the spouse. If only one of them is available, talk to him/her alone. If neither is available the possibility of meeting either of them elsewhere or waiting for them to return should be examined and/or a different household should be selected for the interview. INTRODUCTION: Good morning/afternoon. My name is ………………………………………. I am an interviewer for (Consultancy Company), hired by (Subproject Developer) to prepare the Resettlement Action Plan for (Name of Subproject). Our focus with this questionnaire is to get a better understanding of the socioeconomic conditions of the households living along the (road, river, area, etc.) directly affected by the subproject. Your responses will be used to prepare a report that will characterize the living conditions of the families in the project area, but will otherwise remain confidential. Your participation is extremely valuable to the study and we would appreciate if you and/or your spouse would spend some time with us and explain about how you and your household live. 1. HOUSEHOLD IDENTIFICATION Household Coordinates x |__|__| |__|__| |__|__| |__|__| y |__|__| |__|__| |__|__| |__|__| District Administrative Post |__| 1 – xxxxx; 2 – xxxxx; 3 – xxxx Locality Village/Town/Neighbourhood Quarter House number Name of household head Name by which the household head is better known Name of respondent Page L of 176 1. HOUSEHOLD COMPOSITION Instructions to interviewer:  List everyone in the household from the eldest to the youngest. Do not forget to include babies, toddlers and the person providing the information.  Consider as ‘household member’ everyone eating from or contributing to the same pot, whether living or not presently at the homestead. # Name of the A1. Relationshi A2. Ge A3. Ag A4. Marita A5. Highest household member p to the household nder e l status level of education head completed 1 |__| |__| |__|__| |__| |__|__| 2 |__| |__| |__|__| |__| |__|__| 3 |__| |__| |__|__| |__| |__|__| 4 |__| |__| |__|__| |__| |__|__| 5 |__| |__| |__|__| |__| |__|__| 6 |__| |__| |__|__| |__| |__|__| 7 |__| |__| |__|__| |__| |__|__| 8 |__| |__| |__|__| |__| |__|__| 9 |__| |__| |__|__| |__| |__|__| 10 |__| |__| |__|__| |__| |__|__| 11 |__| |__| |__|__| |__| |__|__| 12 |__| |__| |__|__| |__| |__|__| 13 |__| |__| |__|__| |__| |__|__| 14 |__| |__| |__|__| |__| |__|__| 15 |__| |__| |__|__| |__| |__|__| A6. Total number 1. Household 1. Male 99. 1. Single 1. None of people in the head (HH) 2. Female Doesn't 2. Marrie 2. Knows how household 2. Spouse of know d civil to write and read the HH 3. Marrie name and some |__|__| 3. Son/daughte d church numbers r of HH 4. Marrie 3. Kindergarten/ 4. Son-in- d traditional pre-school law/Daughter-in-law 5. Marrie 4. Primary of HH d mixed 5. Secondary 5. Parent of HH ceremonies 6. Pre- 6. Parent-in-law (civil and/or university of HH church and/or 7. Vocational 7. Brother/sister traditional) training of HH 6. De 8. University 8. Grandparent facto married 99. Doesn't know of HH (living 9. Grandchild of together) HH 7. Separ 10. Adopted/fost ated/divorced er/stepchild of HH 8. Widow 11. Other er relative of HH (specify) 12. Not related to HH (specify) Page M of 176 2. HOUSEHOLD HEAD CHARACTERISTICS Instructions to interviewer:  Cross [x] the correct option in the questions with codes. a. What is the HH mother tongue? [01] xxxxxx (a language relevant in the area) [02] xxxxxx (a language relevant in the area) [03] Portuguese [04] English [98] Other (specify) ____________________________________ b. What is the religion of the household? [01] None [02] Catholic [03] Protestant (specify) _______________________________ [04] Other Christian (specify) ___________________________ [05] Muslim [06] Animist [07] Zion [08] Jehovah Witness [98] Other (specify) ___________________________________ c. How many spouses does the HH have? |__|__| Register 00 if the HH is not married (single, separated/divorced or widowed) then pass to Section C. d. Do all spouses live in the same compound? [1] Yes [2] No 1. Page N of 176 3. EDUCATION Instructions to interviewer:  Please list all the children in school age (from 6 to 15 years of age)  Provide information based on the listing above in Section A, i.e. the numbers attributed to the household member in the first table should remain the same throughout the questionnaire. # C1. Is the child C2. In what education C4. How does the currently enrolled in level is the child child usually go to school? enrolled? school? 1 [1] Yes [2] No |__|__| |__|__| 2 [1] Yes [2] No |__|__| |__|__| 3 [1] Yes [2] No |__|__| |__|__| 4 [1] Yes [2] No |__|__| |__|__| 5 [1] Yes [2] No |__|__| |__|__| 6 [1] Yes [2] No |__|__| |__|__| 7 [1] Yes [2] No |__|__| |__|__| 8 [1] Yes [2] No |__|__| |__|__| 9 [1] Yes [2] No |__|__| |__|__| 10 [1] Yes [2] No |__|__| |__|__| 11 [1] Yes [2] No |__|__| |__|__| 12 [1] Yes [2] No |__|__| |__|__| 13 [1] Yes [2] No |__|__| |__|__| 14 [1] Yes [2] No |__|__| |__|__| 15 [1] Yes [2] No |__|__| |__|__| If [2] No: pass to 01. Kindergarten 01. By foot question C5 02. Primary (grades 1-7) 02. Bicycle If [1]Yes: pass to the 03. Secondary (grades 8- 03. Personal motorized next person 10) vehicle 04. High School (grades 04. Free ride from 11-12) private motorized 05. Basic Level Vocational vehicle Training (grades 8-10) 05. Paid ride from 06. Technical Level private motorized Vocational Training vehicle (grades 11-12) 06. Public road 07. University transportation 99. Does not know (machimbombo/chapa) 98. Other (specify) Page O of 176 4. OCUPATION AND EMPLOYMENT Instructions to interviewer: Provide information based on the listing above in Section A, i.e. the numbers attributed to the household member in the first table should remain the same throughout the questionnaire Fill the table in relation to each member of the household # Employment status – Does the household Main occupation – What type of work Type of member work? Employer 1 |__|__| |__|__| |__| 2 |__|__| |__|__| |__| 3 |__|__| |__|__| |__| 4 |__|__| |__|__| |__| 5 |__|__| |__|__| |__| 6 |__|__| |__|__| |__| 7 |__|__| |__|__| |__| 8 |__|__| |__|__| |__| 9 |__|__| |__|__| |__| 1 |__|__| |__|__| |__| 0 1. Yes 1. Farming 1. Government 2. No 2. Fishing 2. Private company 3. Handcraft 3. Individual 4. Domestic work 4. Self- 5. Trading (with store) employed 6. Trading (stall or other informal 5. Relative (with infrastructure) remuneration) 6. Relative (no remuneration) 9. Skilled labourer (mechanic, electrician, etc.) 10. Professional (teacher, nurse, etc.) 98. Other (specify) Page P of 176 5. ASSETS Does any of the household members have any of the assets listed below? Instructions to interviewer:  Cross [x] the correct option.  Consider only goods that are in use and are functional.  All rows should be crossed at one option or the other. Assets Possession Quantity Main user 1. Radio/Hi-Fi [1] Yes [2] No |__|__| |__|__| 2. TV [1] Yes [2] No |__|__| |__|__| 3. Video/DVD/CD player [1] Yes [2] No |__|__| |__|__| 4. Telephone/Mobile phone [1] Yes [2] No |__|__| |__|__| 5. Watch/Clock [1] Yes [2] No |__|__| |__|__| 6. Bed (not only mattress or straw [1] Yes [2] No |__|__| |__|__| mat) 7. Electrical stove [1] Yes [2] No |__|__| |__|__| 8. Gas stove [1] Yes [2] No |__|__| |__|__| 9. Iron [1] Yes [2] No |__|__| |__|__| 10. Fridge [1] Yes [2] No |__|__| |__|__| 11. Sewing machine [1] Yes [2] No |__|__| |__|__| 12. Plough [1] Yes [2] No |__|__| |__|__| 13. Hoe [1] Yes [2] No |__|__| |__|__| 14. Axe [1] Yes [2] No |__|__| |__|__| 15. Ox-Cart [1] Yes [2] No |__|__| |__|__| 16. Tractor [1] Yes [2] No |__|__| |__|__| 17. Bicycle [1] Yes [2] No |__|__| |__|__| 18. Motorbike [1] Yes [2] No |__|__| |__|__| 19. Motor vehicle (car, truck, bus, [1] Yes [2] No |__|__| |__|__| van, etc.) 20. Water pump [1] Yes [2] No |__|__| |__|__| 21. Other important asset (specify) [1] Yes [2] No |__|__| |__|__| 22. Other important asset (specify) [1] Yes [2] No |__|__| |__|__| 23. Other important asset (specify) [1] Yes [2] No |__|__| |__|__| 24. Other important asset (specify) [1] Yes [2] No |__|__| |__|__| 1. HH Head 2. Wife/Husband of the HH Head 3. Sons/Daughter of the HH Head 4. All 6. PROPERTY For how long have you and your household been living in this house? (years) |__|__| 7. HOMESTEAD CHARACTERIZATION I1. What is the shape of the main house of the homestead? [1] Round [2] Quadrangular (four equal sides) [3] Rectangular [4] L shape How was it acquired? Instructions to interviewer: select only one option. [01] Purchase [02] Built locally [03] Other (specify) Page Q of 176 How many rooms/compartments compose the homestead? Compartments Quantity 1. Lounge |__|__| 2. Dining room |__|__| 3. Sleeping rooms |__|__| 4. Toilets |__|__| 5. Washing rooms |__|__| 6. Latrine |__|__| 7. Kitchen |__|__| 8. Barn |__|__| 9. Chicken coop |__|__| 10. Piggery |__|__| 11. Kraal |__|__| 12. Worship space |__|__| 13. Garage |__|__| 14. Kiosk/vending stall |__|__| 15. Other compartment (specify use) |__|__| Total number of compartments |__|__| What is the household's primary source of water? Source of Water Human Consumption Cooking [01] Piped water to the house/yard [1] Yes [2] No [1] Yes [2] No [02] Piped water from neighbours [1] Yes [2] No [1] Yes [2] No [03] Water tank in yard [1] Yes [2] No [1] Yes [2] No [04] Well/borehole in yard [1] Yes [2] No [1] Yes [2] No [05] Public well/borehole [1] Yes [2] No [1] Yes [2] No [06] River/lake/dam [1] Yes [2] No [1] Yes [2] No [98] Other (specify) [1] Yes [2] No [1] Yes [2] No [01] Piped water to the house/yard [1] Yes [2] No [1] Yes [2] No How often does the household fetch water outside the homestead? [01] More than once a day [02] Every day [03] Every other day [04] 2-3 Times a week [05] Once a week [06] 2-3 times per month [07] Once a month [08] Never. Use household piped water [98] Other (specify) __________________________________ How much time do you spend each time you fetch water? (minutes) Instructions to interviewer:  1 Hour = 60 minutes  If the household does not fetch water outsider the homestead, write 00 and move to I11. What means of transportation do you use to go fetch water? [01] By foot [02] Bicycle [03] Household’s own vehicle [04] Ride in private vehicle [05] Paid transportation in private vehicle [06] Public transportation (machimbombo/chapa) [98] Other (specify)_______________________ What is the household's primary source of fuel for lighting? [01] Electricity [02] Paraffin [03] Grass [04] Wood [05] Candles [06] Flashlight Page R of 176 [07] Battery/solar panel [98] Other (specify) __________________________________ I2. What sanitation facility does the household own and use? [01] Bathroom and WC inside the house [02] Simple pit latrine in yard [03] Latrine with shower in yard [04] Neighbour’s latrine/WC [05] Open field/bush [98] Other (specify) __________________________________ I3. How do you dispose of its garbage? [01] Bury it in the yard [02] Burn it in the yard [03] Throw away in public dump [98] Other (specify) __________________________________ Page S of 176 8. AGRICULTURE Please list all the land owned (even if it is not currently being used) or normally used by the household : # J1. Na J2. Loca J3. Appr J4. Owner J5. Us J6. Mai J7. Major J8. Appro J9. U J10. Income earned me of tion oximate size ship age n irrigation crop cultivated ximate se of with sale in the past land/plot arrangeme form amount crop year nt produced in last season 1 |__| |__|__| |__| |__|__| |__|__| |__|__| |__|__| |__| |__|__|.|__|__|__|,|__|__| football 50 kg bags MT field(s) 2 |__| |__|__| |__| |__|__| |__|__| |__|__| |__|__| |__| |__|__|.|__|__|__|,|__|__| football 50 kg bags MT field(s) 3 |__| |__|__| |__| |__|__| |__|__| |__|__| |__|__| |__| |__|__|.|__|__|__|,|__|__| football 50 kg bags MT field(s) 4 |__| |__|__| |__| |__|__| |__|__| |__|__| |__|__| |__| |__|__|.|__|__|__|,|__|__| football 50 kg bags MT field(s) 5 |__| |__|__| |__| |__|__| |__|__| |__|__| |__|__| |__| |__|__|.|__|__|__|,|__|__| football 50 kg bags MT field(s) 6 |__| |__|__| |__| |__|__| |__|__| |__|__| |__|__| |__| |__|__|.|__|__|__|,|__|__| football 50 kg bags MT field(s) 7 |__| |__|__| |__| |__|__| |__|__| |__|__| |__|__| |__| |__|__|.|__|__|__|,|__|__| football 50 kg bags MT field(s) 8 |__| |__|__| |__| |__|__| |__|__| |__|__| |__|__| |__| |__|__|.|__|__|__|,|__|__| football 50 kg bags MT field(s) 9 |__| |__|__| |__| |__|__| |__|__| |__|__| |__|__| |__| |__|__|.|__|__|__|,|__|__| football 50 kg bags MT field(s) 1 |__| |__|__| |__| |__|__| |__|__| |__|__| |__|__| |__| |__|__|.|__|__|__|,|__|__| 0 football 50 kg bags MT field(s) J11. To 1. 99. 1. 1. 1. 1. Beans 1. 1. for household tal number Within the Doesn't Household Househol Rain fed 2. Pigeon Househol consumption of plots courtyard know Head d use 2. peas d 2. for trade Well 3. Maize 3. for sale Page T of 176 |__|__| 2. Less 2. Other: 2. 3. 4. Rice consumpti 4. for household than 30 min household Sharecro Pumps 5. Sorghum on consumption and sale away from member p from 6. Cassava 2. Trade 98. Other (specify) home 3. Other: 3. river/lake/d 7. Peanuts 3. Sale 3. 1/2 relative (not Rent/leas am 8. Pumpkin 4. to 1 hour household e 4. 9. Tomato Househol away from member) 98. Flush 10. Potato d home 4. Other: Other 98. 11. Sweet potato consumpti 4. 1 to non-relative (specify) Other 12. Tobacco on and 2 hours away (specify) 98. Other sale from home (specify) 98. Other 5. More 99. Not in use (specify) than 2 hours away from home Page U of 176 9. PERCEPTIONS ABOUT THE PROJECT What are your opinions about the Road Rehabilitation Poject btween Mueda and Negomano? In a scale from 1 to 5, where 1 = is absolutely improbable, 2 = not probable, 3 = all will remain the same, 4 = relatively probable, 5 = highly probable. Instructions to interviewer:  Write 9 if the interviewee does not know or does not have an opinion.  Read aloud each of the options to the interviewee. Resources Opinion/Assessment 1. Job opportunities 1 2 3 4 5 9 2. Business opportunities 1 2 3 4 5 9 3. More infrastructures 1 2 3 4 5 9 4. Literacy/education 1 2 3 4 5 9 5. Health 1 2 3 4 5 9 6. Transport & communication 1 2 3 4 5 9 7. Access to water 1 2 3 4 5 9 8. Access to energy 1 2 3 4 5 9 9. Other important resources for the community (specify) 1 2 3 4 5 9 10. Other important resources for the community (specify) 1 2 3 4 5 9 What do you think (in general) about the Subproject)? Instructions to interviewer: select only one option. [1] I am very happy with it [2] ] I am happy with it [3] I will wait and see [4] I am not happy [5] I am not happy at all with it [9] i have no opinion Why? ____________________________________________________________________________ ________ ____________________________________________________________________________ ________ ____________________________________________________________________________ ________ ____________________________________________________________________________ ________ What would be your preference in case of resettlement? [1] Be given similar house/business, etc. in an area close to where the HH is currently establisher [2] ] Be given similar house/business, etc. in another area of our choice [3] Receive cash [9] i have no opinion Page V of 176 Sketch of the homestead Page W of 176 Annex 7: Summary of Main Issues from the Public Participation/Consultation Process Summary of the Public Participation/Consultation Process 1. Introduction As part of the preparation of the environmental and social safeguard instruments of ANRLMP, namely the ESMF, PMP and RPF a Public Engagement Document was prepared. Among other aspects the document clearly indicated that the main objectives of the public consultation and involvement are to:  Keep Project Interested and Affected Parties (PI&APs) informed about key issues and findings of each stage of the process;  Gather concerns and interests expressed by various project stakeholders;  Obtain contributions/opinions of stakeholders in terms of avoiding/minimizing possible negative impacts and maximizing positive impacts of the project.  Finally, support the social dialogue and identify from the onset, stakeholders’ perceptions and expectations, which can contribute to the action planning and effective communication in order to minimize the negative impacts of the project. The process also allows for rethinking the project’s technical aspects. It outlines three main phases that will characterize the PPP the environmental and social management point of view of the project and these are: (i) Formulation and adoption of umbrella environmental and social management instruments (ESMF, RPF and PMP); (ii) Formulation and adoption of site specific subprojects environmental and social management instruments (ESIA/ESMP and RAP and/or their simplified abbreviated versions); and (iii) Subproject implementation, monitoring and evaluation. Under the first phase, i.e. Formulation and adoption of umbrella environmental and social management instruments (ESMF, RPF and PMP) the following meetings were planned and too place:  Nampula - Open meeting on the 22nd of February 2016  Ribaue - Open meeting on the 23rd of February 2016  Ribaue - Focus groups discussions with groups of men, women, youth and local leaders on the 23rd February 2016  Malema - Open meeting on the 24th of February 2016  Quelimane - Open meeting on the 25th of February 2016  Mocuba - Open meeting on the 26th of February 2016, which was then postponed due to security reasons. The open meetings were announced publicly using “Noticias� national newspaper that went out on the 10th February 2016 and 15th of February. A separate set of documents has been prepared to document the preparation and implementation of the PPP. Below are the main issues raised by participants to the above-mentioned meetings: Page X of 176 Nampula Province Page Y of 176 QUESTIONS/COMMENTS FEEDBACK GIVEN Nº TELEPHON NAME INSTITUTION ADDRESS ORD. E NAMPULA GOVERNO LOCAL Comment: The document should be made available well Comment noted before the meetings to allow the stakeholders time to review the documents and prepare for the meeting How will the funds be managed? The mechanisms to allow communities access to Suggest including a conservation plan for increased the funds is still being investigated agriculture output and to formulate a management plan for the crops Provincial Department, The project should also consider forest management Forest management is a component of this project Tomé Avenida Eduardo 1 Seas, Inland Waters 843701227 includes natural resource management Capeçe Mondlane and Fisheries Believes that areas of influence of the CDN project are That was done during the selection of the project saturated by projects and suggests that each provincial areas and further studies are ongoing. The government maps out all the projects (planned and in Landscape project values continuous liaison with progress) for a better identification of the implementation other institutions and projects also working in the areas same areas since that ensures that the projects not only complement each other but also allow projects to share information and experience, hence avoids repeating mistakes The project aims at improving de lives of the community This project aims to improve the communities’ but what does the project propose to ensure sustainability current activities and go beyond the activities of the community with regards to environmental which guarantee their subsistence. The project conservation? does not aim to hand –over money to anyone but Armando 828273481 2 Provincial Department Nampula instead to train people so they’re able to produce Jackson 842778117 TADER and create surplus in production and be apart of a agriculture value chain. The communities on their own should make this project sustainable The SDAE and SDPI have been heavily involved Suggests a greater involvement of the SDAE, SDPI and in all the process. This is not the first consultation Elisio Joao 863977718 3 SDAE Distrito Rapale Civil Society at district level on the project and there will be others. The SDAE Juarte 829040630 and SDPI has been assisting with the contact wth other institutions on a district level Page Z of 176 Suggests reviewing the Masterplan of Prosavana, since this This project is integrated and it comes to program has defined goals with regards to DUAT’s to complement the activities currently being avoid land conflicts which can lead to producers losing undertaken by other projects and learn from their lands lessons learnt on other projects. The Prosavana is a Answered the question regarding the selection criteria used project which should be consulted so that mistakes to choose the districts explaining that each project is made on that projects are not repeated implemented where there suitable conditions for the execution. Suggests including further components which deal with The component of natural resource management climate change (component 2) aims to promote the sustainable use of natural resources and improve the resilience of these resources to climate change; the protection CDS (Centro de and rehabilitation of areas of high conservation Desenvolvimento value amongst other activities Sustentável) Zonas Is there any connection with Prossavana? The Landscape project has not been developed for Urbana commercial gain or profits. The project focuses on Mussa Cidade de 4 842569536 increasing the producers existing activities which Amade Nampula CDS ( Centre for in turn will generate a bigger budget for the Sustainable producers and their families DeveloSMEnt) Urban How will the project deal with the urban area? So far the project does not envisage Areas implementation in urban areas only in rural areas. People in urban areas will benefit indirectly from the project through the increased availability of fresh agricultural produce, production of agricultural supplies amongst others PRODUCERS Suggests that the producers willing to work are motivated The fruit trees are part of the value chain of the and are able to benefit from financial arrangements to project and their importance is recognized to increase their areas of production and their yields through improve the production and diversification. purchasing agricultural machines, irrigations equiSMEnt, Although Mr Fortes is not geographically in a Miguel 5 Producer Nampula 827320479 which will also contribute to improve de reputation of the project selected area, Mr Fortes could be an Fortes national produce. Currently the agriculture produce is not implementation partner and for example for the being valued since most of the produced consumed supply of seedlings , agricultural supplies for the nationally is imported. Fruit production should be communities in the areas covered by the project, prioritized given the potential of the area and the need to training and capacity building of other producers Page AA of 176 improve the communities’ diet since many are malnourished INDIVIDUALS How is the project planning to involve the communities? Many access routes are degraded limiting the access of the The project targets an improvement of the lives of agriculture products to the markets and areas where they the rural communities. The last beneficiary of the can be commercialized project are the communities themselves, so it is necessary to have regular consultation with the communities. The consultation started last year, Benn Felix and will continue to happen. The liders of the Carrupeia - communities should communicate the issues 6 Martinho Nampula resident 845597911 Nampula discussed at the meetings with their own Segundo communities Who will execute this project? The project will be executed by the beneficiaries. These include communities, associations, NGO’s private and public sector. Provincial coordinators have been appointed for the coordination and execution of the project How the project does proposes to integrate the community in the management of natural resources and agricultural The communities are the main beneficiary of the increased production? project and therefore the design of this project is targeted towards the communities. Which method will be used to influence the community to The activities of the project are focused towards engage the community throughout? activities which are being implemented. For the design of the project, the project has been working with central, provincial and district governments Jorge (SDAE, SDPI’s). Apart from these, the project Carrupeia - 7 Martinho Nampula resident 826326699 appointed provincial coordinators who will Nampula Fernando coordinated the activities with different parties. All of these parties will assist the communication with the communities. In addition, a number of consultation with the communities, government and other institutions has been taking place. This is another consultation and many more will follow. The community liders who participate in these meetings must transmit the information provided in these meeting to their communities ASSOCIATION S Page BB of 176 The project is aiming at which target groups? The project targets the rural communities of small and medium producers whose main activities are Crispino Cidade de 8 AJAMO 846064777 agriculture value chain, natural resources and Mendes Nampula forest resource , public and private sector; SME’s and civil society Which criteria was used to select the districts, to be part of A range of indicators, actual production, rural the project? Many coastal districts face serious food poverty, potential to generate returns on security issues. Suggests that such districts be included to investment , proximity of water resources, reduce this problem, otherwise would like to understand potential of agricultural and forest production. the reasons behind district selection It is important to keep in mind that this is a pilot Ussene Cidade de project and the intention is to replicate it to other 9 AENA 825273139 Salimo Nampula districts and provinces. All the districts and provinces in Mozambique face difficulties but these selection was based on a range of established criterion. The other districts may benefit from another project after the successful implementation of this project How many people is the project likely to affect? 55,000 families Waly Cidade de 10 FORUM TERRA 844167787 Manuel Nampula What will happen to the families who will lose their homes The project does not envisage the need to resettle and their land? families as result of the project. However, with any initiative involving land there may be the possibility of affecting a portion on land, albeit small; therefore the compensation procedure set by Mozambican legislation would be used in Cidade de combination with the same process and more 11 Faria Saide Academico Civil stringent set out by the World Bank Nampula 842725733 What is the budget for this project The project budget is being discussed with partners of the project and as a result has not yet been finalized. It is anticipated that in the first phase the budget rounds the 40 million USD I would recommend that the project considers the non- Ussene 12 AENA Nampula 825273139 wood forest products. Studies are underway to identify the non woody Salimo products already being used in the project areas Page CC of 176 The project should review the masterplan for the and to determine what should be done to increase Prosavanah as there should be a connection between the production of these products projects since these are both government initiatives. The project should also complement existing plans including districts What is the connection with the district plans The project Landscape is an integrated project which complements other projects as well as existing plans ( district plans) What is the dream of the project? The improvement in the lives of the communities, increase in production of produce, sustainable natural resource management, reduction of tree clearance, rehabilitation of degraded areas. Identification of viable alternatives which may replace the tree feeling used to produce ‘lenha’/(fuelwood) and other current needs Believes that a feasibility study is required to invest in The process of consultation which has been taking agricultural areas which have been forgotten place as well as the assessment of the various components are in themselves confirmation of feasibility for the implementation of the project since these will provide the final confirmation Wilson about implementation of the project in these areas 13 DPREME Nampula 845220506 in the way it was designed Subana What is the role of the project in the dispute of lands? The project has component which deals with management of land. It is anticipated that the project assists the communities obtaining the DUAT’s as a way to ensure land security and ‘ownership’ How does the project deals with climate change. Districts The component of natural resources (component 2) Jorge on the coast have issue with food security ensures sustainable natural resource management Carrupeia - 14 Martinho Nampula Resident 826326699 and improvement of these resources to climate Nampula Fernando change, the protection and rehabilitation of areas with high conservation value amongst others How will the community be integrated in the management The communities are the main beneficiaries of the process? project which is also being designed for the Aníbal What will be the method to influence the community to community The efforts will be focused on Cidade de 15 António dos LGR 824478140 continue with the project? activities, which are already taking place Nampula Anjos The central government, provincial and district levels (SDAEs e SDPIs) have been involved in the design of the project. In addition the project Page DD of 176 appointed provincial coordinators which will coordinate the efforts and will assist the communication with the communities. Furthermore, a number of consultations with the community, government and institutions have been taking place. This is consultation meeting is one of many which are planned to take place. It is expected that the community leaders who attend these meetings pass on the main messages to their communities Luís Explained there is limited involvement of the civil society GITAS Grupo Cidade de 16 Laieque de 845560148 Amacenamos Nampula Oliveira Distrito de Ribaue LOCAL GOVERNMEN T Appeals to the clarification about the value chain Comments noted. including all components beginning with the process prior production – improved seeds, supplies, fertilizers and technology- all key aspects to motivate increased production. From production, transportation, storage, processing, quality assurance, communication between projects are missed opportunities if the synergies of the projects are not maximized. Improvement of the physical access routes of Lopes 1 SDAE Ribaue 845864535 producers to markets needs to be considered Ernesto Producers loose a great deal of crops because they are not able to reach the markets on time. Obviously the agro- processing and storage are also key to this process. Finance to grant producer’s access to markets needs to be in place and explained to producers to make it work. Ribaue trains new young producers who then are left with no job or means to begin working. FDD- needs to supported to make it work Page EE of 176 Suggests planting fruit trees and shade trees to revitalize the environment and improve the diet of many communities Momade How will the total value of the project be divided between This is still being discussed and it will be decided 2 SDAE Ribaue 846507673 Adamugi the 5 districts according to the needs of each district Explained that 4 years of project preparation is long. . Would like to know if the project proposes rehabilitation The project preparation will not last 4 years. The Governo do Distrito de of access roads which is one of the main difficulties for first 4 years are the first phase of the project and in Lalaua producers because it limits what they can sell the first year the design if the project is refined. António 3 Lalaua 870070074 The agriculture value chain needs to include the supply of After this it is expected that to begin the Julião District Governement improved seeds implementation phase. of Lalaua One of the components of the project includes rehabilitation of some infra structure such as tertiary roads ACADEMIC INSTITUTION S Would like to know what does the project plan to ensure sustainability of the project from a social, environmental At the social level, the project aims to improve the and economic perspective? lives of the rural communities. It is expected that Which measures are planned to reduce the tree cutting by the conditions and everyday activities of the the communities? communities improve, A monitoring plan to focus on obtaining information about From an environmental stand point, the project the full uses of the forest and forest products to avoid the anticipates sustainable natural resource Docente Instituto destruction of the forest management including forests, rehabilitation of Agrário Agito degraded areas, and reduction of tree clearance 4 Ribaue 826742075 Arnaldo through the incentives which focus on the Teacher – Agrarian alternative use of resources (non-woody), Institute protection of areas with high conservation value. From an economic view point, the improvement of people’s lives is associated with an increase in purchasing power which is obtained through the increased production, surplus available which can be commercialized leading to the increased family budget Feliciano Suggests including the assistance for schools to also obtain Comment noted 5 EPC de Chica Chica Sede 842071820 António DUAT’s Page FF of 176 Why weren’t the districts of Niassa included? In this first phase of the project only the districts How will the affected families be compensated if affected selected are included in the project. It is important Docente Escola by the project? to keep in mind that this is pilot project and that a Secundaria Assubugi criterion was used to select the districts. 6 Ribaue 845997271 Saide No resettlement is anticipated as a result of the Secondary school project, but in case of loss of land, the mechanisms teacher for compensation will be used which follow the national and World Bank requirements Docente Escola This project should include the education component since Comment noted Secundaria the project will require that families have greater capacity Aurélio Ribaue 848021455 and are able to replicate their knowledge 7 Maricoa Secundary School Teacher ASSOCIATIONS Which initiatives have been planned with regards to -Introduction of improved seeds climate change? -Promote production processes which are Suggests construction of infrastructure to retain water, environmentally and socially sustainable often a challenging factor for the practice of agriculture -Protection and rehabilitation of areas with high Sidonia conservation value 8 ORAM Ribaue 824271229 Parruque The projects anticipates the construction of small irrigation systems associated with the project Focal Group Meetings (Community leaders) Augusto 846507552 9 Community leader Distrito de Lalaua Tepuanle Suggests that efforts are made to assist the producer Comment noted. replacing the hoe for a mechanized method either through individual credit or through an association. In his community there is problem with access routes Mário Matarya - Iapala 10 Community leader 867304091 which are degraded along with reduced availability of Lapissone _Ribaue potable water, acquisition of pesticides which result on crops being affected by diseases. There is the need to improve seeds such as maze since this crop is easily affected by diseases. Page GG of 176 In his community there are many farmers that produce One of the main purposes of the design of this Salvador considerable quantities but face difficulties in getting their project is to address the difficulties with the flow 11 António Community leader Mecusse Ribaue Não possui produce to the markets because of lack of access routes, of the agriculture value chain Malalo lack of energy, inadequate phone coverage. News are obtained via Radio Moçambique and local radio With about 24 residents in the community, most are Comments noted. producers which cultivate maize, peanuts, beans, cassava. José Briga Chica-Sede These producers don’t have regular buyers and cannot set 12 Community leader 861852318 Namulha Ribaue the price of their produce to market value since they have no means to preserve the produce to allow them time to choose the best time to sell The producers in his community are willing to use Comments noted. mechanized methods of production to increase production but have no means of obtaining the technology and there is no access routes and lack of potable water. As a result the Lopes 13 Community leader Mecuburi-Sede 867316896 population consume water which often are not treated Lipaneque leading to diarrheas. There is one health center but has no capacity to treat or to hospitalize patients and given the problems in access getting to a hospital in Nampula takes 2 hours About 21,000 residents deal with difficulties in access. Comments noted. They have one economic agent which buys parts of the production. The population from Lubi covers over 16km to José sell their produce in Cunle sede. The produce is often Riane-Cunle- 14 António Community leader Não possui maze, peanuts, beans, rice and fresh agriculture produce. Ribaue Muatarique Significant number of cashew trees need to be sprayed or replacement with news trees in order to boost production. Cashew grow very well in the region and if production is done well, it can be very profitable Focus Group 2 (Chiefs of Localities) The project should create mechanisms to control bush fires The component of natural resources aims at done by the community sustainable resource management, one of which Ernesto 1 CklçChefe da Ribaue 849165678 The project should provide financial support to the uncontrolled burning Antonio producers and the ensure diverse markets where the products can be sold Chief of Mecuasse. Administrative The project should create environmental clubs such as: Comments noted. Fabiao 2 Posto f 861620843 -One student one plant Salazar Iapala_Ribaue -One leader one forest , one family, one agricultural plot. Page HH of 176 Droughts come from as a result of deforestation. Suggests that every time one tree is brought down another is planted. The land is being devastated and destroyed. The project . Administrative Delfino Chefe da localidade de should motivate planting of fruit trees in schools The project will address the planting of fruits tress. 3 Post de Iapala _ 861281575 Watala Noré Having fruit trees in schools is a very valid point Ribaue and has been noted The project should promote community reforestation with The project includes planting of forests. Studies Eusebio Administrative the support of technical staff of SDAE are currently taking place to provide more details Moneia 4 Chief of Lupi Post f Iapala _ 8673310461 about how those activities should take place. The Quiriquivan Ribaue SDAEs are very important and are closely engaged o in these discussions The project is not related with Prosavana. Administrative Fernando The project seem similar to Prossavana – is there a Prosavana, unlike the’ Landscape’ project is 5 Chief of Riane Post of Iapala _ 861620834 Vinte relationship? The project should support the communities driven by commercial returns Ribaue in getting the DUAT to minimize the conflicts about land There are various conflicts involving land issues in the The projects contains a component to deal locality of Matarya, how will the project mitigate such specifically with the issues relating to DUAT’s. Administrative Chaduli Representing the Chief Sem conflicts? The DUAT’s should be facilitated The training of technicians ( such as 6 Post of Iapala _ Ussene of Matarya informação The project should support the producers with appropriate extensionistas) is another component which will be Ribaue techniques addressed by the project in order to support the producers Distrito de Malema LOCAL LEADERS The project should visit the administrative posts, localities There is a component on this project which and settlements. Technical staff from SDAE should be anticipates the need for training and capacity- allocated to train producers. There is no infrastructure to building. In this, the technicians in the government Joao Mutuali _ 1 Chief of Nacata 868840280 conserve the produce ( such as SDAE) and the extensionistas to better Talapesse Malema provide support to the communities covering more areas The district is suitable for agriculture but it lacks financial The mechanisms for financing are being finalised Armando support to producers, access for tractors to work the land, in order to identify the best ways to allow the 2 Chief of Post Chihulo Malema 866866380 Miteque access to fertilizers and seeds community access to credit facilities PRODUCERS Page II of 176 The producers often require more than one area to There is a need to train extensionistas to improve Antonio cultivate since they lack efficient practices. The project to attend to the needs of the communities 3 Viegas Producer Malema 863117905 should assist the producers in getting technologies, adamo techniques and fertilizers Hilario There is need to introduce systems of irrigation due to The project anticipates the construction of small Nataleia _ 4 Felismino Producer 861600580 shortage of rain irrigation systems Malema Havela Which are the groups that the project aims to target? The target groups of this project are the rural What will the project do to assist individuals? communities, small and medium producers with There is shortage of markets for producers and no means responsibilities for the agriculture value chains, of preserving the produce. natural resources and forests; private and public The project could create factory of agriculture supplies sectors, and civil society. Teresa 5 Producer Mutuali_ Malema 862377627 and irrigations systems given the lack of rain Namutoro One of the mains drivers of the design of this project is the difficulties in the flow of the agriculture value chain The projects anticipates the construction of small irrigation systems Several projects have been discussed in the district and This project is not making promises to anyone and many promises were made but nothing happened. So if the neither MITADER or World Bank are in a position producers had waited for those projects they would have to promise anything to anyone. MITADER is gone through tough times. He appeals that MITADER and designing the project in such a way as to improve World Bank ensure that the ‘Landscape’ project does not the lives of the rural communities based on the end as suddenly as the Prossavana evidences of need presented by the communities Armando 6 Producer Malema 865326343 and local government. The design of the project is Joaquim the result of the contribution of all of those involved. A well designed project can then be financed and implemented. This is why these meetings are important to hear everyone’s opinion and for the project team to collect contributions Bonifacio The costs associated with obtaining the DUAT are very The project is investigating financing mechanics to 7 Agostinho Producer Neoce _ Malema 861621093 high. The project should assist with access to credit assist access to funds Julio COMMERCIAL Belgior Where will the project focus? The project will focus on the province of Nampula 8 Miguel SONIL Malema 847438110 Who will the project work with, which entities? and Zambezia. In Nampula the project will focus Sevene in Rapale, Ribaué, Malema, Mecuburi, Lalaua. In Page JJ of 176 Zambezia, the project will be located in Mocuba, Gurué, Ile, Gilé, Alto Molocué. The project will work with the beneficiaries which include, rural communities, public and private institutions, NGO’s, civil society and SME’s The district can accommodate the project but needs The project is grateful for the contribution. It is technology such as tractors, ability to preserve the intended that the project is well designed to produce, storage and commercial markets are needed. guarantee its financing. The contributions were Bairro Toma de The project should not stop during the study phase, many noted which raised the issues of need for the Daniel Lyughggder 9 agua_Vila de 862124080 projects end early in the study phase. availability of technology, lack of the ability to balança Comumnnb Malema preserve and store the produce, lack of access to markets or markets themselves to improve the agriculture value chain In the implementation, the project should be monitored as The project to establish a continuous consultation many projects have failed due to lack of monitoring. process. This is not the first consultation process Paulo Regular meetings with the community should take place which has started some time ago. This is not the 10 Manager of Silos Malema Sede 845197215 Intuere frequently last meeting too. The community leaders must pass on the information obtained at the meetings to their community RELIGIOUS LEADER This project should not disappear like others such as All the interested and affected parties should 11 Rafael Age Religious leader Pedreira_Malema 845796868 Prosavana. contribute towards achieving a good project which Support to small farmers is essential secures financing so that the project is implemented Page KK of 176 Distrito de Malema The producers often require more than one area to cultivate Muito obrigada. Para tal, o projecto prevê a since they lack efficient practices. The project should assist capacitação de mais técnicos extensionistas e outras the producers in getting technologies, techniques and pessoas para apoiarem as comunidades a obterem Antonio fertilizers as tecnologias, técnicas e fertilizantes. 1 Viegas Producer Malema 863117905 The projects thanks for the contributions. In order adamo to help, the projects aims to provide training of extensionistas and others able of supporting communities obtaining technologies, techniques, fertilizers amongst others The district is suitable for agriculture but it lacks financial Armando Chief of Post support to producers, access to tractors to work the land, as The project is assessing the mechanisms for 2 Malema 866866380 Miteque Chihulo well as access to fertilizers and seeds financing so that needs of the project can be suitably addressed There is need to introduce systems of irrigation due to Hilario Nataleia _ shortage of rain The anticipated small irrigation schemes seek to 3 Felismino Producer 861600580 Malema address the irrigation needs to enable production Havela even during dry periods The project aims to target which groups? While addressing keys issues, the project aims to What will the project do to assist individuals? improve the lives of rural communities, SME’s There is shortage of markets for producers and no means of who’s mains activities are part of an agriculture Teresa Mutuali_ preserving the produce. value chain and forests. The benefits include 4 Producer 862377627 Namutoro Malema The project could create factory of agricultural supplies, and addressing needs in the agro-processing, public and develop irrigation systems given the lack of rain private institutions, civil society, local and provincial levels The project should visit the administrative posts, localities The public consultation meetings will continue and and settlements. Technical staff from SDAE should be community liders and the communities themselves allocated to train producers. There is no infrastructure to are invited to continue to participate. It is important conserve the produce that the liders inform their communities about the Joao Mutuali _ 5 Chief of Nacata 868840280 discussion held their administrative post and Talapesse Malema remaining members of the community. It is anticipated the training of technicians from the SDAE/SDPI or extensionistas to assist with a faster and broader assistance the local communities Bonifacio The costs associated with obtaining the DUAT are very high. One of the key aspects being assessed by the Neoce _ 6 Agostinho Producer 861621093 The project should assist with access to credit project is the access to financing to assist the Malema Julio communities Page LL of 176 Where will the project focus? 1 - As áreas de implementação do projecto são: Who will the project work with, which entities? Província de Nampula (distritos de Rapale, Ribaué, Malema, Mecuburi e Lalaua) Belgior Província da Zambézia (distritos de Mocuba, 7 Miguel SONIL Malema 847438110 Gurué, Ile, Gilé e Alto Molocué) Sevene 2- O projecto irá trabalhar com comunidades rurais, instituições públicas e privadas, sociedade civil, SME’s, ONGs. The district can accommodate the project but needs It’s a comment Bairro Toma technology such as tractors, ability to preserve the produce, Daniel Lyughggder 8 de agua_Vila 862124080 storage and commercial markets are needed. balança Comumnnb de Malema The project should not stop during the study phase, many projects end early in the study phase. During implementation, the project should be monitored as It’s a comment Paulo Gestor de Silos 9 Malema Sede 845197215 many projects have failed due to lack of monitoring and Intuere Manager of Silos meetings with the community should take place frequently This project should not disappear like others such as We are all responsible for the suitable design of this Pedreira_Male Prosavana. Support to small farmers is essential project to ensure the project is eligible to financing 10 Rafael Age Religious leader 845796868 ma It is everyone’s wish that the project is implemented Several projects have been discussed in the district and many Not always the lack of success of a project can be promises were made but nothing happened. So if the attributed to the financing organization or to the producers had waited for those projects they would have government. It is important to reassure that the Armando gone through tough times. He appeals that MITADER and project is well designed from the outset (initial 11 Producer Malema 865326343 Joaquim World Bank ensure that the ‘Landscape’project does not end phase) to ensure its robustness later on. The as sudden as the Prossavana responsibility of strengthening the project is in everybody’s hands. Therefore, we should all give our utmost best for the project to be implemented. Page MM of 176 Zambezia Province Nº QUESTIONS/COMMENTS FEEDBACK GIVEN NAME INSTITUTION ADDRESS TELEPHONE ORD. Quelimane City LOCAL GOVERNMENT What is the budget of the project? The budget for the project is still under Is there a connection with ITC? If so, then is discussion and hasn’t been finalized. At there a combined implementation strategy this stage, around 4milion USD have been predicted for the first phase of the project. ITC over the past years has been involved with the issues of DUAT’s with the communities and therefore is will have a role in scope of the Landscape project in particular as the administration and land management component of this projects gains momentum. A partnership with ITC is considered ITC has been working in the 5 districts in The project will operate at central, Zambezia. As part of the support to the province and district level 1 Estevao Neves PRODEA Quelimane 828777830 communities, ITC has been providing support The provincial governments are directly with the issuing of DUATs. involved in the design of the project and How is the project planning to allocate the district government (SDAEs e SDPIs) (decentralize) the funds in the districts? are the main partners and direct links to the local communities. The way in which the funds will be allocated is still under evaluation. The public engagements such as this one serve to discuss and to answers these kind of questions In terms of the component 1, the project will Other than the provincial and district deal with aspects relating to infrastructure. governments which will work closely with Will there be a coordinating unit in the this project, the Landscape project has province and districts? appointed provincial coordinators who will be responsible for the implementation at provincial level and will coordinate all the efforts done within the provinces Page NN of 176 What is the agenda for DUAT’s 2 Hilario Patricio ITC Quelimane 842415538 With regards to the production, what will be We would like to hear from you about the the role of the ‘extension workers’? local needs with regards to extending services. Is there need for further ‘extension workers’? Is there need for better training? In what subjects/aspects? Director of Economic 3 Luis Martins DDAF Do the extension workers need more Activities In Quelimane farming supplies to better respond to the needs of the communities? The objective of this meeting is to listen to those involved/interested and understand the needs of the communities. GOVERNMENT AGENCIES At the moment a project is looking to improve The project is not going to affect or stop roads in Gurue, Alto Molocue in order to any project that is not the objective of this improve access to producers etc. How does the project. The Landscape project proposes Landscape project affects this? Will the road to re-habilitate tertiary roads where it may project stop? be necessary to assist the producers reaching their markets 4 Sergio Antonio ANE Quelimane 828109139 Appeals to integration between projects so that That is noted. The project is focused on the communities’ expectations can be properly integration which also includes identifying managed to avoid problems later on synergies between projects. Communication with the communities and stakeholders has started last year and this meeting is also seeking to continue to engagement with all of those involved and affected ASSOCIATIONS Hopes that the project gets to be implemented Noted and thanked for the comment since many have just stopped. Believes that most are due to bureaucracy 5 Amiro Bramia AMAZA Quelimane 844110933 DUATs continue to be a problems for the Noted and thanked for the comment communities. The communities need to be assisted with this. Also the communities need infrastructure Page OO of 176 In relation to access, the benefits are The projects anticipates training of understood but will people be trained? technicians (extension workers, technicians from the Ministry etc.) in different areas in order to contribute to the implementation of the project Requires clarification with regards to what the The project is centered on the sustainable project can do to improve resilience to floods use of the natural resources, which in turn contributes to the improvement of the life of rural families through the promotion of sustainable resource management (forests, Ascenção 6 CMC Quelimane 843023065 water and soil) and improve the resilience Chaucane of these resources to climate change patterns. The project seeks to improve and rehabilitate areas of high conservation value. Requires clarification as to where will the Primarily, the projects seeks to increased increased production go if to national or production and enable the capacity of international markets producers. One of the main objectives of that is to reduce the food shortages in the Anastacio country and ensure vibrancy of internal 7 Quelimane 824908273 Mombassa markets, as well as contribute towards improving the diet of communities How many farmers is the project likely to Approximately 55,000 families affect? How the project does propose to manage Gile has one coutada, which serves a wildlife? Has the project considered tourism as different purpose. There are also synergies one of its components? with active projects such as Mozbio which 8 Joao Brito 847531394 Quelimane is active in the province and addresses the need to protect wildlife and capitalizes on the tourism potential of the region The non-wooden projects needs to be A study is currently underway which supported and appropriate markets for products focus on the forest products, woody and like honey, mushrooms and amongst other non-woody. This study will help identify needs to be allocated. What is the strategy to the main forest products used in the 9 Joao Machel Quelimane 825810990 value these products? selected areas and understand the problems associated with producing these products so that ways for improvement can be considered. Page PP of 176 CIVIL SOCIETY Would like further detail on the ESIA process The ESIA topic was deliberately kept short referred to in the presentation to keep the presentation accessible to all, technical terms have been minimized. The ESIA regulation in Mozambique is widely used and would be followed along with other safeguarding instruments described 10 Angelo Amadeu Civil Society Quelimane 825475636 in the presentation Availability of jobs, how will it be done? The project hasn’t yet determined how will jobs be allocated or how many jobs will be created. Issues relating to jobs will be dealt with in the next phase in an organized manner and involving different parties How will the work be done in all the districts Other than the provincial and district in the first phase? What are the risks? government working closely with the project , provincial coordinators have been appointed to ensure implementation and coordination of efforts at provincial level The areas selected for the project were identified through include participation 11 Costa Ernesto Civil Society Quelimane process involving the provincial and district members. Due to a number reasons, the areas selected are considered priority areas and investment and effort involved would kick-start the activities in those areas. A robust design for the project is being developed to respond to the objectives of the selected areas INSTITUIÇÕES ACADEMICAS Suggests that the issues relating to wood and non-wood issues such as honey etc. are dealt with. 12 Fijamo Munhoto Zambezia Universitity Quelimane 842008357 What measures will there be to minimize the As described in the presentation, there are negative impacts in land and water? a range of safeguarding instruments which will be used to limit negative impacts on the natural resources and maximize the positive impacts. Most of those instruments Page QQ of 176 we are already familiarized with such as ESIA, EMP’s, Resettlement Plans. The Mozambique legislation provides the main guidance on the applications of these instruments and where the Mozambican legislation is limited, the World Bank guidelines will be triggered to provide protection to communities, when needed. That may relate to compensations for example for partial loss of a machamba or for resettlement of people, which is not anticipated in this project. The main purpose of those instruments is to provide social safeguards, protection and rehabilitation of areas with a high conservation value LIDERES COMUNITARIOS The project does not cover all the province, This is a pilot project which targets rural what about us in Quelimane areas. A criteria of selection was used and 13 Fajamo Gerenta Lider Comunitario Quelimane includes a number of factors which do not relate to the urban context Page RR of 176 Annex 8: Procedures for Chance Find of Physical Cultural Resources The below will be annexed to the contract in case there is the possibility of chance find of physical cultural resources, i.e. in most instances of construction or rehabilitation of infrastructures such as health, education, water and sanitation facilities etc. Annex to contracts in case of potential chance find of physical cultural resources If the Contractor discovers archaeological sites, historical sites, remains and objects, including graveyards and/or individual graves during excavation or construction, the Contractor shall: 1. Excavation in sites of known archaeological interest should be avoided and as stated in annex D of the Policy, such subprojects are not eligible for funding. Where historical remains, antiquity or any other object of cultural, historical or archaeological importance (including graveyards) are unexpectedly discovered during construction in an area not previously known for its archaeological interest, the following procedures should be applied: (a) Stop the construction activities in the area of the chance find. (b) Delineate the discovered area. (c) Secure the area to prevent any damage or loss of removable objects. In cases of removable antiquities or sensitive remains, a night guard shall be present until the responsible local authorities and the Ministry of Culture take over. (d) Notify the supervisory Engineer who in turn will notify the county safeguard focal point to contact the responsible local authorities and the Ministry of Education and Culture immediately (less than 24 hours). (e) The Ministry of Education and Culture will be in charge of protecting and preserving the area until deciding on the proper procedures to be carried out. This might require an evaluation of the findings to be performed by the archaeologists of the relevant Ministry of Education and Culture (within 1 week). The evaluation of the findings will take in consideration various criteria relevant to cultural heritage, including the aesthetic, historic, scientific or research, social and economic values as decided by the Ministry of Education and Culture. (f) Decisions on how to handle the finding be taken by the responsible authorities and the Ministry of Culture (within 2 weeks). This could include changes in the location of the subproject layout (such as when the finding is an irremovable remain of cultural or archaeological importance), conservation, preservation, restoration and salvage. (g) Construction or rehabilitation work will resume only after authorization is provided by the responsible local authorities and the Ministry of Education and Culture concerning the safeguard of the heritage. (h) Authorization to resume work shall be communicated to the contractor in writing by the Ministry of Education and Culture. 2. In case of delays incurred in direct relation to any physical cultural resources findings not stipulated in the contract (and affecting the overall schedule of works), the contractor may apply for an extension of time. However the contractor will not be entitled to any kind of compensation or claim other than what is directly related to the execution of the physical cultural resources findings works and protections. Page SS of 176 Annex 9: List of Contacts Nr Name Institution Position 1 Environmental and Social Tânia Paco MITADER-UMFI Safeguards Specialist 2 Zalijate da Graça MITADER-UMFI Procurement Specialist 3 Natural Resources Roberto Zolho MITADER-UMFI Management Specialist 4 Yunassy Tonela MITADER-UMFI Communication Specialist 5 Arlindo Dgedge MITADER-DNOTER Director 6 André Rodrigues World Bank Sr. Natural Resources Aquino Management Specialist and Co-Task Team Leader 7 Paulo Sithoe World Bank Environmental Specialist 8 Éden Dava World Bank Social Development Specialist 9 Alfredo Zunguze World Bank Environmental Specialist 10 Bruno Alcantara World Bank Safeguard Cardoso 11 João Moura World Bank Natural Resources 12 Paiva Munguambe INIR – Irrigation Institute Director 13 Eugenio Nhone PROIRRI Project Manager 14 Nelson Melo INIR/PROIRRI Technical Adviser 15 Aurelio Nhabetse INIR – Irrigation Institute Head of Department 16 Manuel Gouveia DPASA Sofala Plant Health 17 Manuel Magombe PROIRRI Sofala Provincial Coordinator Page TT of 176