Annex I to Contract 339-679
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Annex I to Contract 339-679 Description of Action
Strengthened capacity for improved governance of land tenure and natural resources by local Title of the action: government in partnership with Non State Actors in the Central Highlands of Angola Location(s) of the Ten municipalities in the provinces of Huambo (7), action: Bié (2) and Benguela (1) in the Republic of Angola. World Vision Netherlands (Applicant) Names of Development Workshop Angola (co-applicant) Implementing Parties Food and Agriculture Organisation Angola (third- party contribution and consulting services)
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Page 1 of 72 04cbe305acfcfbf0f22e66e5775e4608.doc Contents
1. THE ACTION...... 3 2.1 Description of the Action...... 3 2.1.1 Description...... 3 2.1.2 Methodology...... 27 2.1.3 Duration and indicative action plan for implementing the action...... 34 2.1.4 Sustainability of the Action...... 37 2.1.5 Logical framework...... 40 2.2 Budget, amount requested from the Contracting Authority and other expected sources of funding...... 41 2.3 Experiences...... 42 Applicant’s experience...... 42 Co-applicant(s)'s experience...... 45 3. THE APPLICANT...... 51 3.1 Identity...... 51 4. THE CO-APPLICANT(S)...... 52 4.1 Description of the Co-Applicant(s)...... 52 4.2 Mandate (for co-applicant(s))...... 53 4.3 Mandate (for co-applicant(s))...... 55 5. MEMORANDUM OF UNDERSTANDING WITH DEVELOPMENT WORKSHOP...... 56 6. TERMS OF REFERENCE THIRD-PARTY SUB-GRANT TO FAO...... 63 7. CONTRIBUTION AGREEMENT FOR SERVICES TO BE RENDERED BY FAO...... 65 8. LOGICAL FRAMEWORK FOR THE ACTION...... 69
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Page 2 of 72 04cbe305acfcfbf0f22e66e5775e4608.doc 1. THE ACTION
2.1 DESCRIPTION OF THE ACTION
2.1.1 Description
In Angola all land belongs to the State who determines its final use and destination. In order to preserve the rights of the rural communities, the land law takes into account the customary land use (residential, traditional shifting agriculture and transhumant grazing, forestry, access to water and communication ways) systems that prevail in the different provinces and cultures of the country. In terms of State ownership, agricultural land is regulated against a private rights basis while natural resources form part of the public right. The law foresees that land for private agricultural investment would be regulated through perpetual land use rights transfers of ownership sold by auction from the State to private undertakers. Land use rights are transmissible subject to the same conditions they were originally conceded for.
In the rural areas, while legal regulations or by-laws applicable to customary land have not yet been published, a traditional system still prevails. Village territories under the leadership of a single soba (village leader) are determined according to their needs, taking into consideration the availability of cultivable land for all families under shifting cultivation practices, with allowances being made for pasture (for cattle) and firewood needs. Each adult family member normally has at least two farming plots: a larger one (the “lavra”) for rain fed agriculture, which often involves two cropping seasons, and another smaller but more fertile in lowland irrigated areas (“nacas”) used in the dry season.
In the provinces of Huambo, Benguela and Bié, all land tenure matters are dealt with following the rules and regulations foreseen in the law as for any other area in the country even though the framework of national regulations are incomplete (specifically for small holdings and peri-urban occupations). Hence, for the rural communities and farming families of the central highlands, the principles of the existing customary system are still widely observed. Specifically, village territories are administered under the leadership of traditional leaders, the “Sobas” (at Ombala level, a kind of a traditional district) and of the “Seculos” (at village level). These are generally defined according to the needs of the families, taking into consideration the availability of cultivable land for all families, with allowances being made for non-cultivation needs (grazing land, firewood, etc.). The permanently held farming areas by one family are a composite of upland, medium and lowlands that are completed by a small backyard area, in order for the farmers to exploit the entirety of the resource base potential. Overall, farm sizes attributed to each family are determined by labour capacity, ownership in terms of draught animals, while account is also taken of the fertility of the land. The conceded area should not be larger by one third of that which is in the working capacity of the undertaker and of his family. Plot sizes per family are determined by the availability of labour and draught animals and the fertility of the land.
The Central Highlands were, up until 2002, the focus of civil conflict which drove most of the population off of their rural lands to settle in peri-urban districts around the provincial capitals or municipal towns. Many families may have spent decades in the towns and cities and acquired in good- faith or purchased residential and garden plots. During these conflict years the internally displaced involved themselves in livelihood activities such as marketing that have now become integral to their families’ domestic economies. Peri-urban land rights and stakes in the urban markets of the region have become important to the socio-economic fabric of the Central Highlands.
i) Problem Statement and Justification
2013.1 Page 3 of 72 04cbe305acfcfbf0f22e66e5775e4608.doc Poverty is the key problem to be tackled by the project. It is a multidimensional problem including low levels of income, low access to services (including access to legal services and to information) and limited capacity to negotiate, influence and advocate for rights. Access to land and land rights are closely linked to poverty, sometimes contributing to it other times being a consequence. Poverty in Angola is particularly marked in rural areas and control of land is a major issue for smallholder farmers. In the absence of much economic diversification, access to land and natural resources is of especial importance for improving the livelihoods of poorer groups and providing greater security. Land constitutes an asset and a source of wealth for communities, with strong links to cultural and spiritual values.
Land tenure should be defined broadly as the “system of access to and control over land and related resources”. Strictly speaking, it is not land itself that is owned, but rights and duties over it. Most of the land issues are common to urban and rural areas, and separate rural and urban land policies could lead to ambiguities for peri-urban land management. Thus, activities will be of considerable relevance to both rural and urban areas and can contribute to a national land policy.
Land rights are not limited to private ownership in the strict sense, but tend to be very diverse balance between individual rights and duties, and collective regulations at different levels. No system of land tenure can work without a body with the power and authority to define and enforce the rules, and provide arbitration in case of conflict. Thus, a land tenure system is made up of rules, authorities, institutions and rights. Land administration itself (maps, deeds, registers, and so on) is only one part of a land tenure system. The project will act as a model for land policy in terms of how the rules and procedures are defined and put into practice, the means by which these rights are ratified and administered, and how information about land holdings is managed. It also builds the capacity of the structures in charge of implementing legislation, land management and arbitration of conflicts. It is important to ensure that there are no contradictions between formal and informal tenure rules and institutions, which can lead to conflicts and inefficiencies. Women status in traditional rules is one area of contradiction that needs to be addressed. The project will take into account that women status in rural areas need to be changed through a set of parallel interventions but with the focus on cultural change.
Both in rural and urban areas it is very common for citizens not to have documents supporting their tenure status. Following all the steps to get official documents recognizing occupation or ownership is expensive and slow, putting these processes out of reach for poor people. The lack of documents has the following consequences for poor people:
They are more vulnerable to expropriation, although the majority do not feel insecure in their rights; They are not able to use land, probably their main asset, as a collateral for credit or other business activity; The land has less value than when owned informally.
Making access to land secure is a necessary condition for encouraging investment and improvement in land. Land issues are not the only limiting factor in raising agricultural productivity but they can create synergies with MINAGRI policy that strongly supports smallholder family farming and reconciles growth in agricultural productivity with equity and poverty reduction. Land titling is not always the best way of increasing tenure security, and nor does it automatically lead to greater investment and productivity. Land can be held through unwritten, customary means and not be subject to insecurity. Much investment in land in small family farms is based on labor effort rather than capital. Secure tenure for smallholder farmers can be done either by protecting legitimate customary rights, or by providing land titles. Angolan legislation allows for recognition of collective land rights. However this is rarely applied and the poorest people and women, inside a village, stay at risk of having their land rights abused. On top of that the legislation does not allow for the transformation of collective rights to private rights for people living in those communities.
2013.1 Page 4 of 72 04cbe305acfcfbf0f22e66e5775e4608.doc Despite constitutional provisions, all citizens are not equal in practice before the law, due to inadequate information, limited resources, and poor contacts within the administrative system. If the poor majority are to be the primary beneficiaries of land tenure reform, the design of institutions for managing land rights must take this into account. Poorer groups will have more effective access to such procedures where they receive clear information about how the system is meant to operate, and where the bodies responsible are located close by, working in local languages (Umbundu) using standard units of measure, accepting oral evidence to support claims, with proper attention paid to publicity of claims before granting title, and operating with low user fees. Effective and responsive judicial and land administration systems which are accessible to poor people and vulnerable groups are therefore crucial components of successful, pro-poor land policy reform. Without such systems, the legality and credibility of land policy reform and ultimately its success would be irremediably undermined.
Land policy lies at the heart of economic and social life and environmental issues in Angola. The distribution of property rights between people has a tremendous impact on both equity and productivity. Inequitable land distribution, land tenure problems and weak land administration can lead to severe injustice and conflict. In central highlands several cases of conflict around rural and urban land were taken to the courts or have been fought outside the legal system. Typical cases of conflict involve individuals with high political or economic status grabbing land from peasants. Examples of such case are known in Cáala (two cases) and Bailundo (Luvemba). In peri-urban areas this type of conflicts are even more common. Changes to legislation, the distribution of property rights, and administrative structures are likely to have long-term consequences, positive or negative, for political, economic and social development. Similarly land policy is also crucial for environmental sustainability as it can create incentives for sustainable land-use and environmental management. Land policy in Angola has been influenced by the 28 year civil war and former colonial land policies. Subsequent state involvement in land issues, has led in some cases to economic inefficiencies, ineffective bureaucracies and social injustice. The rights of smallholder farmers to the land they cultivate are legally insecure and people may be excluded by government from access to natural resources upon which their livelihoods depend.
Women’s rights require strengthening under both formal and informal systems of tenure, and constitutional and inheritance law has a role to play alongside land law and institutions. The main legal requirements are to establish women’s rights to hold property and recognition of the principle of spousal co-ownership of land. These are important factors in women’s economic and livelihood security. In practice women’s actual entitlements to land are determined by inheritance practices – whether or not surviving female spouses and daughters are allowed to inherit land, and whether or not their rights are circumscribed by those of male relatives. This focuses attention on the need for reform of inheritance laws and practices. Cultural action, together with advocacy and education in support of women’s land rights have an important role to play, given the deep-rooted cultural norms and practices which underlie discrimination in land tenure, particularly in the operation of customary tenure systems.
Limited Institutional Capacity is available to deal with land management. This is caused by inadequate tools, insufficient trained staff, lack of proper regulations and poor coordination. Although it is common that Municipal Administrations are equipped with computers it is rare that the adequate software is used to manage databases and geographic information. It is common that land documents do not identify locations exactly. The lack of land cadastre or poor managed ones, when they exist, makes the decision making and licensing processes very slow and unreliable. There is a clear shortage of personnel capable of using modern tools such as GIS (Geographic Information Systems), GPS (Global Positioning Systems) or Google Earth, that could contribute to faster and more accurate processes. It is also common that no one has a good global picture of land use, urban expansion, land development plans, etc. Studies, projects and plans, when they exist, are not shared and used in a systematic way. Different bodies with a role in land management are sometimes involved in competition instead of coordination and information sharing.
2013.1 Page 5 of 72 04cbe305acfcfbf0f22e66e5775e4608.doc Put together, the problems referred to above result in slow and unpredictable processes. And because the institutions are unable to respond to the fast growing demand for licenses and land regularization (mainly in urban and peri-urban zones), informal processes predominate.
Informality results from the problems referred to above but can also create new problems. Informality (1) creates an environment more prone to fraud and conflict around land transactions and land property, (2) contributes to urban expansion without proper planning, what in itself contributes to poor living conditions and make future investments in public infrastructure more expensive and complex, (3) loss of income to the state because properties are not taxed (Source: “EU Land Policy Guidelines for support to land policy design and land policy reform processes in developing countries, November 2004”).
The project recognizes the inter-linkages between the problems mentioned above and for that reason will deal with them in a coherent way. Decentralization to the municipality level offers a valuable opportunity for shifting towards greater local management of land, bringing resolution of disputes much closer to local stakeholders, and ensuring closer scrutiny of how land and the revenues stemming from it are managed. ii) Capacity Statement and Roles of the Implementation Partners
The DW/WV consortium has a very particular profile that is unique to meet the objectives of this project. Both organizations have conducted work in close partnership with provincial and municipal governments as well as community development work. Through this work they can display a proven track record and have conquered trust both from government officers and communities/other non-state actors in the proposed project area. Both organizations also have a solid experience of management of large scale projects involving multiple stakeholders (summarized in Table 3 in Section 2.1.1 v). Both organizations have strong relationships with key Government institutions that include the Ministry for Territorial Administration and have strong existing partnerships with provincial and municipal government in the target provinces. The DW/WV team brings leadership of an NGO partnership in the targeted provinces, established relationships with the key actors, strong management capability and an existing extensive network of civil society organizations with hundreds of community representatives and community based organizations. WV also has extensive experience of conducting municipality profiles and participatory rural diagnosis.
DW will focus primarily on the rural/peri-urban interface whilst WV will focus primarily on rural communities and an already existing network of farmer organizations in the targeted provinces. The geographic focus of the two organizations will also draw on previously established relationships with local government and non-state actors, including actions previously financed by the EC as shown in Table 3 in Section 2.1.1 v.
DW will take the lead role in technical terms as a specialist in the area for land governance. DW will also take a leadership role with the Global Land Tenure Network and will incorporate GLTN’s Social Land Tenure Domain Model into the project´s work. The model, presently being tested in Huambo, uses participatory “smart” technology in documenting evidence mapping occupants and customary legitimate land claims. WV will take the lead role for participative methodologies for the registration of customary land rights for communities in rural areas making use of existing and well established relationships with communities in some of the most productive agricultural areas of Huambo and Bié. WV will also take a lead role for monitoring and evaluation and oversight of grant management. There will be clearly defined roles and responsibilities for each of the partner organizations. Whilst a fully integrated approach in the project implementation each organization will maintain a degree of autonomy in terms of their existing structures for the technical, managerial, administrative and financial aspects for each of their areas of responsibility. These will be defined in a Memorandum of Understanding between the two organizations that have already been drafted and will be signed at the start of the project.
2013.1 Page 6 of 72 04cbe305acfcfbf0f22e66e5775e4608.doc Building on previous DW experience
Development Workshop has been engaged in advocacy on land rights in Angola for almost two decades. DW’s long-term objective is to defend the land assets of the poor and promote pro-poor policies that provide more equitable access to services and resources such as land which are part of the civic rights of all Angolans. DW’s programme started with a series of research activities in the mid 1990s that helped in scoping the problem and engaging Government in the process of investigation. The research was also one of the first opportunities for DW to introduce the use of geographic information systems (GIS) and train Government partners in its use. The approach to action research was aimed at promoting a sense of ownership by the Government in the findings and results of the studies. The research results were in-turn used as evidence in policy influencing and feeding the debate around the Land Law between 2002 and 2004. DW was subsequently requested by the Ministry of Urbanism to develop a ‘regulation’ to the Land Law that aimed to bring Angolan legislation into closer compliance with international good practice on tenure rights and land administration. DW further engaged Government in a series of pilot projects in order to demonstrate these ‘good practices’ and adapt them to the local Angolan reality. Angola’s decentralisation policy which came on-line at the same time gave the new municipalities the authority to manage land for housing and small-scale peasant plots. DW’s work in Angola on land management, land markets and decentralized land administration has been supported by The European Union, UN Habitat, The World Bank, the Netherlands Ministry of Foreign Affairs and USAID and has been published in a number of professional journals. DW is a member of the Global Land Tools Network’s expert working group and are pioneers in the use of the “social tenure domain model” in Angola which promotes the recognition of a continuum of land rights.
Over the last ten years, Development Workshop Huambo has implemented land related projects with a specific focus on human settlements. These projects have involved:
Knowledge creation – research on tenure, legal and administrative processes, land pooling experiments and publication; Capacity building – training and coaching of government and CSO staff in land management concepts and tools (planning, cadastre, conflict resolution, mapping, among other themes) including the production of support manuals; Institutional strengthening – complementary to training several municipal administrations where equipped with hardware and software for cadastre management. Partnership was also established in the implementation of land management projects; Advocacy – together with other organizations DW organized or attended conferences, sharing knowledge and presenting evidence of the advantages of inclusive land management practices.
Development Workshop, building on what was achieved through projects implemented recently will be focused in urban land matters and capacity building. Urban land management will include cadastre, urban development planning, ICT tools and conflict resolution mechanisms around land. Capacity building will be an important vehicle to promote solutions on all those domains. Capacity building activities will target government staff (decision makers and technicians), community leaders and NGOs working on land issues. Capacity building will be done using a range of methods: courses including field practical activities; on the job training and coaching; production of manuals and other reference materials such as leaflets.
Building on previous WV experience
WVA has well-established expertise in rural community development in a wide range of technical sectors. It has 11 years of experience in rural community development projects, conducting municipality profiles and has developed linkages in partnership with the Institute for Agrarian Development (IDA) with 220 primary farmer organizations and 640 secondary farmer organizations (100,000 smallholder families) in the provinces of Bié and Huambo. WV will have a focus on rural
2013.1 Page 7 of 72 04cbe305acfcfbf0f22e66e5775e4608.doc land and environmental issues. It will include support to farmers associations to regularize their land rights, support the start-up of processes to secure communal rights recognition and facilitate land use mapping and planning.
Overall monitoring of the whole project will also be one of the key tasks to be implemented and World Vision will also take the primary responsibility to ensure compliance with EC grant regulations and that audit standards are met.
WVA’s Human Resource Department complies with WV international policies and Angolan Labour Law and the financial management system is in compliance with standards of World Vision International, EC, World Bank and UN government grant regulations. WVA uses the Sun Systems computerized accounting system. A standardized chart of accounts classifies transactions to project, expense, donor, and cost centre codes. This project accounting system uses a separate coding for cash grant and donor to enable separate accounting and reporting. Computerized financial reports such as balance sheet, income statement, and grant reports are produced reflecting year to date status of balances. WVA’s purchasing policies and procedures also comply with EC, United Nations, World Bank and WV international standards.
In summary, DW and WV are uniquely prepositioned to ensure rapid project start up, efficiency and effectiveness of implementation. Both organizations are managed to ensure high impact and the sustainability of the interventions. A detailed summary of the factors that will ensure this is presented in Table 1A. Table 1B summarises the areas of synergy between the two organizations in the implementation of the project.
Table 1A: Summary of the Competitive Advantage of the DW/WV partnership for project implementation
Development Workshop World Vision Ten years of experience implementing land related Eleven years of experience implementing food projects with a specific focus on urban land in the security projects, building the capacity of rural Central Highlands of Angola. communities and improving natural resource management in the Central Highlands of Angola. Excellent track record in the implementation of EC Excellent track record in the implementation of and other donor projects over the past ten years. EC and other donor projects over the past ten Good marks in EC ROM evaluations. years. Good marks in EC ROM evaluations. Good record in EC grant compliance and audit Good record in EC grant compliance and audit findings over the past ten years findings over the past ten years Well established and positive working relationship Well established and positive working relationship with Huambo and Bié provincial governments and with Huambo and Bié provincial governments and LA in 10 of the 10 target municipalities LA in 9 of the 10 target municipalities Established offices with qualified finance and Established offices with qualified finance and administration staff in Huambo and Luanda. administration staff in Huambo and Luanda. GIS system already installed in some municipalities, Use of GPS in the location of project sites personnel skilled in its use and ready to go. Qualified staff identified and ready to start project Qualified staff identified and ready to start project implementation. implementation. Good relationship with MAT at the provincial and Good relationship with MAT at the provincial and national levels national levels Established relationship with the Global Land Extensive experience conducting municipality Tenure Network. profiles and participatory rural diagnosis.
Immediate availability of two 4x4 vehicles for Immediate availability of two 4x4 vehicles for project implementation as well as ITC (hardware and project implementation software)
2013.1 Page 8 of 72 04cbe305acfcfbf0f22e66e5775e4608.doc Table 1B: Partner Implementation Synergies
Major areas of Thematic Responsibility Development World Workshop Vision Technical lead for GIS and cadaster management X Overall coordination with stakeholders X VGGT in an urban/peri-urban context and advocacy for Land X Policy with MAT Overall coordination of training activities X VGGT in a rural context and communal land use recognition X Overall coordination of capacity building with IDA X Grant compliance and audit issues X Overall project monitoring and evaluation X
The above factors give the consortium a unique possibility of doing work from the inside of local government offices and thereby contributing to capacity development and institutional change. The consortium will keep a close cooperation with other actors that have worked on land issues and contribute to improve coordination between all the interventions in the domain of land and natural resources management.
Grant Management Capability
Both DW and WV will have their own finance and administrative support structures in Huambo and Luanda that are accustomed to managing projects with expenditures in excess of EUR one million per annum. In the interests of efficiency, the project will utilise already existing finance and administration staff in Luanda and Huambo whose costs will be shared with other programs. In cases where it would be inefficient to divide expenditures between both organizations, expenditures have been allocated to one or the other organization in the budget. In addition, if during program implementation any divisions of expenditures are deemed to be inappropriate then DW and WV will agree that the organization with an advantage in terms of efficiency will be responsible for the procurement and expenditure. World Vision will have the responsibility of collating all financial and supporting documentation to EC grant standards and will be responsible for the final submission of financial reports to the EC. WV will also be responsible for external audit requirements.
Both organization will together conduct events and produce publications to give visibility to the lessons and progress achieved by the project.
Some key lessons learned from previous interventions that the project will build on are listed below:
Shortage of capacity is the key challenge. The level of skills to fully explore the modern tools of land management is normally not found in the technicians of government bodies. The people with the appropriate knowledge are usually in leadership positions and involved in decision making. To train the staff that perform the technical activities is possible and needed but demands a long term approach and should include on the job training as well as coaching. Capacity should also be developed at neighbourhood and village level: traditional leaders, “coordenadores de bairro” and communal administrators should gain a basic understanding of land management principles, mechanisms and tools; Partnership with authorities is crucial to promote the adoption of modern and appropriate approaches. To keep a close relationship and support the development of a sense of ownership in the civil servants is key for success. Huambo and Cubal are very good examples of
2013.1 Page 9 of 72 04cbe305acfcfbf0f22e66e5775e4608.doc municipal administrations starting to adopt and replicate the experiments piloted in partnership with DW; GIS is a very important tool for cadastre and to monitor trends. Its adoption and common use is very important; Continuity is very important. Short term projects are very likely to be ineffective considering that capacity building and institutional strengthening are slow to produce results; Coordination among the different actors is very important to contribute to knowledge sharing, continuity and to give non state actors more leverage in their relations with government. iii) Target Groups and final Beneficiaries
The final beneficiaries will be a total of approximately 518,000 persons, of whom 310,000 (60%) will be women, distributed in the ten targeted municipalities. The beneficiary population will be approximately two thirds in rural areas where the majority are smallholder farmers that rely on agriculture for their livelihoods. The beneficiary population includes the following vulnerable groups: women headed households (20%) and families with physically disabled persons (5%).
The project will directly benefit 150 rural communities with an estimated 84,000 people in terms of their customary land use rights being recognized. In urban and peri-urban areas an additional 34,000 people will benefit from applications to formally document their land use rights. Specific training activities for NSA will build the capacity of 614 representatives from rural communities, churches, women solidarity groups, farmer organizations (cooperatives and associations), youth groups, WSH committees and local NGOs who will disseminate their knowledge to 30,000 persons included in the above beneficiary numbers.
Monthly radio broadcasts on key issues relating to land tenure will provide outreach to a further 400,000 persons within the targeted municipalities and will have a total number of adult listeners within range of the RNA Huambo antenna of 625,000 persons. The 400,000 beneficiaries within the targeted municipalities will also benefit from the advocacy activities, community to community communication, distribution of pamphlets and capacity building of municipality structures. The target population will be impacted by the following benefits:
Access to participatory processes for policy formulation,
Opportunities for public debate with different stakeholders,
Exchange of experiences and best practices for land tenure,
Support for marginal groups to participate and voice their interests,
Engagement of farmers’ organizations and other civil society groups in the public debate,
Increased information and awareness of land tenure issues,
Improved access to and control over land, with reduced deprivation for women,
Improvements to the efficiency of land administration systems specifically to registration, cadastral services, land surveying, capacity building in local communities to support identification and management of customary rights,
Improved resolution of land disputes and land adjudication.
2013.1 Page 10 of 72 04cbe305acfcfbf0f22e66e5775e4608.doc Most importantly, the project will build the technical and management capacities of 200 civil servants and 30 GoA technicians in terms of participatory mapping, cadastre management and the use of geographical information in line with VGGT. iv) Geographical Focus and Division of Partner Responsibilities The project will be implemented in 10 municipalities in the provinces of Huambo, Bié and Benguela which are in the Central Highland and most affected by the 27 year civil war. These areas are diverse in terms of their rural, peri-urban and urban contexts, in particular the capital city municipalities of Huambo and Kuito in Bié. The project will work with just one municipality in the province of Benguela to provide a continuation to previous successful work. The target provinces and municipalities are shown in the maps below and in Table 2.
The geographical division of responsibilities takes into account the overall management structure of the program (described in Section 2.1.2 Organizational structure and proposed team), the previous experience of the partners [described in Section 2.1.1 ii) Capacity Statement and Roles of the Implementation Partners] and also the unique relationships developed by each organization with stakeholders and beneficiaries. Both organizations will be working in the whole intervention area in what concerns their respective thematic focus. However, to ensure efficiency, effectiveness and deeper impact on processes it was decided that each organization will also have a geographic focus.
In the municipalities where they have the focus, each organization will guarantee the continuity of processes and will use the other organization as a resource to cover the thematic areas of expertise of that organization.
The criteria summarized below where used to decide on which municipalities each organization will work: Other projects on going or recently concluded in the municipality. This will be important because it will impact on the level of knowledge and relations already developed by each organization;
On-going processes related to land management. Each organization have implemented projects that started processes that need follow up to consolidate what has already been achieved;
In addition to the above criteria, the distribution of municipalities/ provinces between WV and DW took also into consideration the need to provide a fair balance of the level of effort between urban, peri-urban and rural and each municipality's main profile in terms of these characteristics.
2013.1 Page 11 of 72 04cbe305acfcfbf0f22e66e5775e4608.doc The Development Workshop Angola and World Vision Angola team will work together making use of the complementarity nature of their respective areas of expertise. The implementation partners DW and WV will divide responsibilities for the project in accordance with their respective areas of expertise with a view to the effectiveness and efficiency of project implementation and with a view to creating synergies between these areas and with the groundwork established by previous interventions – most notably the AECID funded FAO Land Project. The FAO Land Project has laid some basic groundwork in the provinces of Huambo and Bié in terms of support for government institutions for improved management and administration of land and other natural resources. It operated in three areas: capacity building of effective institutional capacity, improved understanding of the legal framework and strategies for land development and the development of a land management system in selected municipalities in the two provinces. The project will make use of the municipality diagnostics, baseline surveys conducted and the technical document “A methodology for the participative mapping of land in Angola”. The DW/WV team will now be able to build on the successes at the institutional level and scale up, further develop and replicate best practices at the decentralized level with municipal administrations and rural communities. This involvement of DW and WV in this sense has been requested by FAO. The way in which the project will collaborate and build on this FAO work is also referred to in Section v.
Table 2 shows the geographical choice of municipalities, the division of responsibilities between implementing partners and the unique experience of both organizations in the targeted municipalities:
2013.1 Page 12 of 72 04cbe305acfcfbf0f22e66e5775e4608.doc Table 2: Geographical Location, Implementing Partners Previous Experience and Division of Responsibilities
e c Relevant experience of n
i Lead Reasons for the choice of implementing
v Municipality other partner and/or any
o Partner partner
r other entities P
Cubal DW DW previous project “Promoting Urban Land WV Food security and
a Rights” with the Dutch government from 2010 nutrition program working l e to 2013 (see Section 2.3). with 20 communities 2012 to u
g 2013. n DW previous project “Promoting Urban Land e
B Rights” from 2011 to 2013 with EC/Dutch Embassy funding (see Section 2.3). Kuito WV WV ongoing project promoting food security, FAO AECID Land Project improved land use, access to markets, legal GCP/ANG/045/SPA. registration and community organization from 2009 to 2015 with BMGF funding. WV previous project for the social reinsertion of ex-military 2007-2008. é i
B WV ECHO Community Nutrition Program 2012-2013 Chinguar WV WV ongoing project promoting food security, DW previous project improved land use, access to markets, legal “Promoting Urban Land registration and community organization from Rights” from 2011 to 2013 2009 to 2015 with BMGF funding (30 with EC/Dutch Embassy communities in Chinguar). funding (see Section 2.3). Huambo DW DW previous project “Promoting Urban Land FAO AECID Land Project Rights” from 2011 to 2013 with EC/Dutch GCP/ANG/045/SPA. Embassy funding (see Section 2.3). DW project “Community led Infrastructure and Housing Facility” funded by DFID/SIDA from 2011 to 2015 (see Section 2.3). Katchiungo DW DW previous project “Promoting Urban Land WV ongoing project Rights” with the Dutch government from 2010 promoting food security, to 2013 (see Section 2.3). improved land use, access to markets, legal registration and community organization from 2009 to 2015with BMGF funding (20 communities in Katchiungo). Tchicala DW DW previous project promoting Municipality Tcholohanga Development. Bailundo DW DW previous project “Promoting Urban Land WV ongoing project Rights” with the Dutch government from 2010 promoting food security, to 2013 (see Section 2.3). improved land use, access to markets, legal registration and community organization from 2009 to 2015with BMGF funding (40 communities in Bailundo). FAO AECID Land Project
o GCP/ANG/045/SPA. b
m Ekunha WV WV ongoing project promoting food security, DW previous project a
u improved land use, access to markets, legal “Promoting Urban Land
H registration and community organization from Rights” from 2011 to 2013 2009 to 2015with BMGF funding (35 with EC/Dutch Embassy communities in Ekunha). funding (see Section 2.3).
2013.1 WV ongoing EC Community Water and FAO AECIDPage Land13 of 72Project 04cbe305acfcfbf0f22e66e5775e4608.docSanitation Program (2011-2015). GCP/ANG/045/SPA. Longonjo WV WV previous EC project for Sustainable Local DW previous project Development in the municipality of Longonjo “Promoting Urban Land with Non-State Actors and Local Authorities Rights” from 2011 to 2013 v) Partners and Stakeholders
Ministry for Territorial Administration (MAT)
The main partner for this project will be the Ministry for Territorial Administration (MAT) especially the provincial governments and municipal administrations. At the national level the action will seek to promote the project approach as a highly effective model for land tenure governance in urban and rural areas which is based on cooperation between civil society and local government. A significant component of the project`s strategy is to compile an in depth municipal profile of each municipality using GIS (geographical information systems) which includes information about social, economic, political and institutional characteristics. This information is mapped using GIS geo referencing techniques in order to create multiple data layers which can be used for territorial analysis and to facilitate participatory planning discussions. The mapping of embalas and neighbourhood boundaries together with local officials, sobas and community members is a valuable contribution to defining the extent of land claims and territorial management units, particularly since this kind of information is informal and generally not mapped.
Land policy reform is an essential aspect of the policy and institutional reforms required to empower the poor and promote equitable and sustainable development. It should be seen as an essential means of securing the broader objectives of social justice and economic development. A national land policy is the responsibility of the state but it needs to build on and respond to the concerns of many non-state actors. Land policy reform also has a key role to play in processes of democratisation, the drive for improved governance, and decentralisation.
All aspects of the capacity building for the local authority will be coordinated with MAT. The technical managers will interact with staff within the ministry and be represented at suitable forums. At the national level the project will seek to promote the project approach as a national model for cooperation between civil society and local government for the implementation of the Angolan land law. The project will also advocate with MAT for greater allocation of GoA resources and greater inclusiveness.
The municipal administrators will identify key personnel for training on land tenure. The training will be structured and will be based on the “Administrator Manual” and other project trainings approved by MTA and within the GoA regulatory framework. This training of the LA will be essential for effective implementation of the land law and integration with NSA.
All the training materials will be provided by the Institute for Local Administration Training and MAT to be replicated by the project. The project aims at providing capacity building for 200 administration staff, and participation in each module training will be indicated by the municipal administrator to guarantee that trainees receive the relevant training based on their specific function. To ensure a high absorption of the training content, each module will have a discussion and Q&A session to debate the material and allow for clarifications. The training will be mainly carried out at the municipality level where there are appropriate infrastructures available. Finally, the training will be provided in morning sessions and will provide a balance for administration staff to continue their day to day work as normal.
Other Government Entities
In a rural context, the project will work closely with the Ministry of Agriculture and the Institute for Agrarian Development (IDA). The project will be complementary to other WV programs that partner with IDA and promote the development of environmentally sound and sustainable farming systems and IDA support to improve agricultural productivity in the targeted geographical area. The project will also work closely with the Provincial Government and the Provincial Departments of the following ministries: Ministry of the Environment, Ministry of Housing and Urban Development (MINUH) and the Institute of Geography and Cadastre of Angola (IGCA). All aspects of capacity building will be coordinated with these Ministries. Because municipal institutional capacity building is
2013.1 Page 14 of 72 04cbe305acfcfbf0f22e66e5775e4608.doc a focus of the project the training institutions Local Authority Training Institute (IFAL) and the Central Highlands Training Centre for Public Servants (in Huambo) will also be key stakeholders.
The Food and Agriculture Organization (FAO) of the United Nations
The project recognizes FAO´s valuable experience and contribution over the past years through the AECID Land Project GCP/ANG/045/SPA in the provinces of Bié and Huambo. The “Land Project” promoted recognition of communities’ land rights as well as better land management, in a natural resources management perspective. The project ended in December 2013 and it is important to capitalize on its achievements and contribute to the continuity of processes started. The project undertook studies on Land and Natural Resources Management in locations of Central Highlands and it would be important to follow up on its findings. Delimitations of community land were concluded in several communities but titles were not issued by the authorities. To follow up these processes is also valuable. FAO land project also promoted coordination with other actors such as ADRA, ELISA (a project in Huambo for sustainable land management supported jointly by the Ministry of Environment and UNDP) and DW. To continue and expand the coordination efforts will be one of the aims of World Vision and DW in the implementation of this project.
The expertise of FAO in designing the initial stages in a way that maximizes the support of promising processes started or underway is strategic for the project start. The project plans to build on the results achieved by the “Land Project” and, in particular, use the reference materials, guidelines produced and lessons learned to scale up activities to the municipality and community levels.
In this context the DW/WV team expect the following specific areas of FAO input, in addition to general collaboration and information sharing at the national and regional levels:
Conduct a launch workshop approximately for the training of key project staff and stakeholders from participating NSA and LA in land tenure with emphasis on the protection of community rights. On-going support to the project with information and advice on technical issues. Strong advocacy and support for project objectives by direct interaction with the GoA, particu- larly with MINAGRI1 and MINUH2 at the national and provincial levels. Collaboration in terms of international and national conferences and seminars that deal with land tenure issues.
In this context the project will make a third party payment to FAO during the first seven months of implementation and will sign an agreement with FAO for the following areas of input, in addition to general collaboration and information sharing at the national and regional levels: On-going support to the project with information and advice on technical issues.
Strong advocacy and support for project objectives by direct interaction with the GoA, particu- larly with MINAGRI3 and MINUH4 at the national and provincial levels.
Collaboration in terms of international and national conferences and seminars that deal with land tenure issues. Present the WV and/or DW project representatives (as appropriate) to all of FAO´s government and social society partners at the provincial and national level.
1 Ministry of Agriculture 2 Ministry of Urbanism and Housing 3 Ministry of Agriculture 4 Ministry of Urbanism and Housing
2013.1 Page 15 of 72 04cbe305acfcfbf0f22e66e5775e4608.doc Convene, organize and establish mechanisms for the realization of a public event on land governance for the presentation of the DW/WV project in Bié as part of the integration of the strategy to support provincial institutions in the area of land administration and management.
Integration of the DW/WV project into the “Comité de Acompanhamento e Avaliação do Projecto TERRA na Província do Bié” (Despacho 4039/2011).
Make available to DW and WV all of the relevant documents produced by the FAO project TERRA for their use (Lei de Terras/regulamento/ Manual de Delimitação/ Diagnósticos de Sistemas Agrários e outros estudos e materiais).
Provide orientation for WV staff in the province of Bié and on issues relating to the administration and management of land.
Ensure that the DW/WV land governance project builds on the success and existing collaborative resources of the FAO project TERRA.
Support WV in the establishment of office space at strategic locations, preferably within relevant public institutions in the city of Quito.
In addition FAO will provide consultancy services for training and capacity building sessions at specific events during the first seven months of the project in the province of Bié. The final draft of the Memorandum of Understanding for the FAO third-party contribution may be found in section 5 of this document.
Non State Actors
The national NGO ADRA (Action for Rural Development and Environment) has been involved in land issues, supporting and capacitating farmers associations in several provinces, including Huambo. ADRA has supported communities in situations where their rights were being threatened. The capacity building activities include information about the land law and other legal rights. At present ADRA is running a project to strengthen civil society organizations to engage with local government and other participatory processes such as the definition of priorities for civil society. ADRA will continue being involved as a partner in the advocacy for land rights and in bringing land issues to the public debate, including the civil society forums and local government meetings with civil society.
When the Land Law started being discussed the Land Network (“Rede Terra”) became an important actor in the promotion of debate and contributing to make the law known by the broad public. The Land Network is largely currently inactive but provincial land networks were created in Huila (“Consórcio Terra”) and Kwanza-Sul (“Forum Terra Kwanza-Sul”). This project will maintain a close exchange of information with those networks and will contribute to the revitalization of the national network, concentrated on information sharing, debate promotion and knowledge production.
The following Table shows an analysis of the project stakeholders:
Table 3: Stakeholder Analysis
Form of interaction Project’s Specific Project Stakeholder with the project expectations activities & tools MAT – central level Project policy papers Attend events Publications Project fact sheets Annual meetings Lobby meetings Recipient of reports and Integration with information other GoA programs
2013.1 Page 16 of 72 04cbe305acfcfbf0f22e66e5775e4608.doc 04cbe305acfcfbf0f22e66e5775e4608.doc 2013.1
Individuals Non State actors & networks Media Government bodies and State Actors Women authoritiesTraditional Farmers associations & Coops. GLN Huila Terra KS Terra Forum TerraRede FCA Universidade FAO ADRA País Angolense Jornal Novo ANGOP 5 Radio Provincial Radio Ondaka Training CntrHuambo IFAL – IDA Agriculture of Ministry Provincial Government – MAT INOTU IGCA and Environment Affairs for Urban Directorate Prov. –ROTUAMAT Municipal Administration – MAT Rural poor Rural poor Director for Agric. Director & Env. Affairs for Urban Director Vice-Governors Governor Community mobilizationCommunity mobilizationCommunity of mobilizationCommunity to information dissemination Community Community partnershipInformal partnershipInformal partnershipInformal partnershipInformal partnershipInformal partnershipInformal partnershipFormal partnershipInformal coverageMedia coverageMedia coverageMedia coverageMedia Contractual Contractual coverageMedia technicians of administratorsand training municipal Conduct technicians of administratorsand training municipal Conduct servicesExtension land use rural customary of mapping for Support fact sheetsProject policyProject papers use maps plans / Land MoU mapping Joint MoU use maps plans / Land devpmt.plans Urban MoU Common plans activity Common plans activity MoU participation Active participation Active participation Active participation Active participation Active participation Active participation Active participation Active participation Active participation Active participation Active of groupreference Members communication Attend events Visibility andVisibility participation Active social relationship Contractual relationship Contractual with extension services and integration communities rural for Mapping Planning sessions Soft&Hardware Public events and sessions coaching Training representation Improve gender deprivation reduce and equality Ensure Advocacy mentoring. Legal support and and coaching Training, publications of join events and information, Exchange publications join studies and Interns actioncoordinate and strategy design monitoring, Context to eventsnewsworthy and Invitation debate programs radio of of Production farmers, Publication Quarterly meetings Informal andInformal Page Page 17 of 72 vi) Objectives The overall objective of the project is to secure tenure of land, fisheries and forests and other natural resources for smallholders, vulnerable people and communities, to achieve food security and eradication of poverty in Angola.
The specific objective of the project is to empower national, provincial and municipality level government and local NSA and communities to facilitate the recognition of tenure rights. It is expected that this will prevent conflicts due to existing weak land tenure and will improve the security of land occupation. This will be achieved by assisting the Government in the creation and implementation of a process for regularizing land claims and establishing more-secure land rights of individual smallholder, untitled communities and peri-urban residents that occupy their land without formal title deeds. This will be done in line with the frameworks established in the Voluntary Guidelines for Responsible Governance of Tenure (VGGT) as well as in the promotion of the application of the Social Tenure Domain Model (STDM). Progress towards the specific objective will be captured using the following indicators as shown in the Logical Framework in Annex C:
Means of Indicators verification Annual project VGGT process / STDM framework and the Provincial Plan for the Management of reports Natural Resources are adopted and implemented in two provinces and 10 municipalities of central Angola. Baseline and end of project Two provinces and 10 municipalities adopt and implement improved land governance survey frameworks. By the end of project, > 80% of civil servants and key NSA representatives involved in Monitoring land management recognize that the project improved their capacity to deliver land reports management services Indicators of land tenure security of occupation (to be defined and quantified following External baseline and diagnostic survey during the first three months of the project) evaluation
The above indicators are both qualitative and quantitative and will be evaluated at the end of the project’s life, and results compared with the findings of the baseline survey, which will take place in the first months of the project implementation (Annex C Logframe). The baseline survey will make particular reference to the document “EU Land Policy Guidelines for support to land policy design and land policy reform processes in developing countries, November 2004” and also the indicators used in the FAO Land Project GCP/ANG/045/SPA Baseline study in Huambo and Bié. Indicators can be a powerful tool to measure the extent to which the project is meeting its objectives and SMART indicators will be developed during the baseline survey and will be quantified, based on the following:
Indicators of tenure security • Increase in the number of parcels and total area registered individually and communally. • Cost of registration to land owners/communities and duration of the registration process. • Level of protection of rights of women headed households in terms of their inclusion in the mapping of customary land rights, land inheritance rights of her children and in terms of the rights of a wife when her husband dies in relation to other family members. • Number and extent of land conflicts (number of new conflicts over the year)
2013.1 Page 18 of 72 04cbe305acfcfbf0f22e66e5775e4608.doc • Existence and effectiveness of conflict/dispute resolution mechanisms. Existence of appeal mechanisms.
Trends in land market • Development of a land market: number and volume of transactions • Equity of inheritance practices in particular to women. • Level of informal land transactions • Cost (time and money) of a land transaction.
Environmental impact and Natural resources management • Size of protected areas and extent of encroachment. • Protected areas under sustainable community management.
Regulatory framework • Existence and timely availability of cadastral/registry information/maps. • Cost of cadastral service to user and as a percentage of the actual cost of the service. • Number and duration of court cases
The project will also develop indicators that reflect the influence on integration with broader development planning (horizontal and vertical integration with sectoral policies and programmes: e.g. for agricultural development, including production and marketing, investment promotion; housing and urban development; service delivery; natural resource management and utilisation; decentralisation; regional and local economic development; programmes for good governance, gender equality and access to justice. The Social Tenure Domain Model articulated by the Global Land Tenure Network (GLTN) 5 promotes the principal of a “Continuum of Land Rights”. The project proposes to improve land tenure security on the basis of this continuum of land rights practiced in Angola. While free-hold or surface tenure titles cannot be allocated to occupants of informal rural or peri-urban lands in Angola without a change in national legislation, the occupation of lands can be secured through administrative means and building municipal and provincial cadastres and registering land claims. The Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of National Food Security promote secure tenure rights and equitable access to land, fisheries and forests as a means of eradicating hunger and poverty, supporting sustainable development and enhancing the environment. They were officially endorsed by the Committee on World Food Security on 11 May 2012. Since then implementation has been encouraged by G20, Rio+ 20, United Nations General Assembly and Francophone Assembly of Parliamentarians.
Land Administration Systems (LAS) provide the infrastructure for implementation of land polices and land management strategies in support of sustainable development. The infrastructure includes institutional arrangements, a legal framework, processes, standards, land information, management and dissemination systems, and technologies required to support allocation, land markets, valuation, control of use, and development of interests in land. In Angola such infrastructure is not available with a nationwide coverage. Existing LAS require extensions to include all existing types of tenures. But the need for this is not always recognised and institutional changes are not so easy to implement. The Social Tenure Domain Model (STDM) can close this gap: STDM allows for the recording of all types of tenures; STDM enables to show from evidence on the ground in terms of a continuum of tenure rights from informal occupation through titled surface or free-hold rights. The baseline study phase of the project will be based on the current continuum of land-tenure rights in practice in the Central Highlands of Angola.
5 The Global Land Tool Network in which the EU, FAO, UN Habitat and the current project partners are members, promotes the “Continuum of Land Rights” principals and the Social Tenure Domain Model. These tools will be used in the current project and adapted to Angolan legal and administrative practice. http://www.gltn.net/index.php/land-tools/social-tenure-domain-model-stdm
2013.1 Page 19 of 72 04cbe305acfcfbf0f22e66e5775e4608.doc Land management remains a critical governance challenge in Angola a decade after the end of the civil war. Angolan civil society considers that weak land rights remains the principal residual point of potential conflict remaining after war. Conflict over land tenure is a particular problem in the central highlands where populations were most affected by internal displacement and the country’s highest population densities exist outside the country’s capital region. Before independence the central highlands was the “bread basket” of Angola with high levels of agricultural productivity and 70 per cent of production coming from smallholder farmers. With exceptional water resources, favourable climate and appropriate management of soils there is a very high potential for agricultural production. Today competition for different land uses is fierce on several fronts: as towns and cities expand ever more rural land is converted to urban uses; commercial farmers are competing with indigenous small scale farmers over the most arable land; and local charcoal producers make a living that contributes significantly to deforestation. The factors above are very important for promotion of food security both in rural and peri-urban areas.
Angola’s post-conflict transition involves a large number of processes (legal, economic, social, and political) that have to be carried out under difficult circumstances. An important part of Angola’s physical, human, and social capital was lost during the long-term conflict. There are thus enormous challenges for a sustainable peace and in ensuring that residual local conflicts, such as those over land, are reconciled.
At the end of the civil war the reform of land legislation became one of the Angolan Government’s first priorities. The Angolan Land Law (“Lei de Terras”) was passed on 18 December 2004 after a two-year consultation with civil society and local communities. However, despite wide-spread discussion, civil society actors remain concerned that the Land Law does not adequately protect small holders’ tenure rights, the majority of whom do not have formal, legal land titles. The law potentially favours large commercial farmers with registered land titles and facilitates the acquisition of these types of concessions. Inequities in land access and tenure insecurity for those who do hold land create the potential for future discontent and conflict.
The eradication of hunger and poverty is a priority for the Government of Angola (Program for the Eradication of Poverty), and the sustainable use of resources and environmental services depend in large measure on how people, communities and others gain access to land, fisheries and forests. The livelihoods of many, particularly the rural poor, are based on secure and equitable access to and control over these resources. They are the source of food and shelter; the basis for social, cultural and religious practices; and a central factor in economic growth. Access and entitlement to land are a key issue for Angolans who work in agriculture and are thus directly dependent on land rights.
Some of the land in Angola is still owned by 'custom', and much is transacted commercially but without legal titles to prove that occupants own the land they have acquired or been allocated. The 2004 Land Law includes a formal possibility of transforming customary land rights into legal rights but the regulations on how this can be done have not been defined. Customary practices traditionally have discriminated against women in case of separations and becoming a widow and in consequence customary law requires transformation to bring practices into compliance with contemporary human rights norms. A challenge to land rights is constituted by land grabbing and forced removals. As the situation of customary land tenure is still very ambiguous, those who claim their land on the basis of customary law are vulnerable to expropriation. Unscrupulous traditional leaders have been known to appropriate lands that they oversee on behalf of their constituencies for their personal gain. Secure land title documents allow occupiers to obtain commercial bank loans using their land as collateral. Untitled land holders do not have this opportunity.
Land legislation needs further development using the experience now accumulated and finalizing regulations that are needed for its practical implementation. The Land Law provided a provision by which both community and individual land occupiers, holding land without formal title, were given three years to make claim to that land and consequently obtain a title that recognizes their concession. To date, the GoA has not provided for a process by which occupants can make these claims for formal
2013.1 Page 20 of 72 04cbe305acfcfbf0f22e66e5775e4608.doc titles. With the GoA lacking personnel and other resources at all administrative levels, there is also a need to support and capacitate government officers responsible for land management. Despite these realities, the implementation of the Land Law’s offers a way toward reconciliation of claims and stronger land tenure security.
A key opportunity for urban land registration to be developed through the proposed programme is the decentralization of domestic scale land tenure management to municipal administrations under the 2007 Law. This project proposes post-conflict reconciliation activities at the municipal level by promoting and piloting the formalization of land rights that have accrued to communities and individuals on the basis of recognition of customary or informal occupation of land. The project will be built upon, improve, and gain legitimacy from the experience of NGOs operating in this area. The project is aimed at providing an orderly and open process for the management of claims for land rights using the STDM. By providing this process, actual and potentially conflicting claims between parties will be reconciled before they become the source of conflict.
The project proposes to incorporate the principles of the recently adopted Voluntary Guidelines for Good Governance of the Tenure of land, fisheries and forests (VGGT) of the Committee on World Food Security (CFS). The VGGT will serve as a reference and to provide guidance to the project to improve the governance of tenure of land, fisheries and forests with the overarching goal of achieving food security for all and to support the progressive realization of the right to adequate food in the context of national food security. vii) Expected Results
Strategies for improving land governance include: more appropriate policies responding to local practices; stronger local government institutions; more community participation; and the testing of alternative approaches to tenure security. Reducing tenure insecurity also reduces potential sources of future conflict. The project’s focus on training and partnering with the Ministry of Territorial Administration (MAT) and the Local Authority Training Institute (IFAL) provide the opportunity of achieving significant impact with the potential for scale up to the national level.
(R1) Strengthened technical capacity of municipal government in areas of participatory mapping, cadastre management, and the use of geographical information systems, and legal framework used in line with VGGT and STDM .
To increase the capacities of local government is a complex and crucial task for any advancement in the area of land tenure. This has been clearly stated as a top priority for Angola, considering that majority of local governance has weak structures and unprepared staff in technical issues concerning land administration. The project´s emphasis on training and capacity building will ensure that each of the ten target municipalities has a functioning mapping and cadastre unit by the end of the second year. It is also expected that geographic information systems will be in use. In-depth municipality profiles will also be developed. The land information system and tenure rights record system will be used to guide land tenure planning and monitoring in all of the ten target municipalities. The customary land rights of rural communities will be recognized protected by law and practice and the legal process for the registration of urban households will be initiated and recognized. The capacity building of municipality structures will be a combination of formal training sessions and most importantly practical, in-service training by project staff working in partnership with the existing government structures.
(R2) Public administration and legal entities are actively involved in simplifying and fast-tracking the land rights recognition processes and to meet the demand for land rights formalization. (This relates to 10 sub-Saharan Country R2 and R4).
2013.1 Page 21 of 72 04cbe305acfcfbf0f22e66e5775e4608.doc Project support in this area is expected to significantly improve the responsiveness of the land management bodies and reduce the time to process applications. The Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forest Land policy will be implemented in the 10 targeted municipalities. It is anticipated that the rights of communities and vulnerable people will be upheld in the majority of cases of disputes and legal action.
The recently established GoA decentralization programme to the municipality level requires a high level of institutional, management and technical capacity to effectively implement the VGGT and STDM. This area of activity will address the institutional and management capacity gaps in the local government. To increase local government capacity it is vital for the effective implementation of improved governance of land and natural resources and improved service delivery for poverty reduction. The municipal administrators will identify key personnel for training in land rights at the municipal and communal level. The training will be based on the “Administrator Manual” and other training material prepared by FAO and the project within the GoA regulatory framework.
The initial training phase will address the need for organisational strengthening through the establishment of management systems and procedures according to a series of modules used by MAT on the training of municipal administrations. The primary phase will also introduce VGGT and STDM as the overarching framework for local administration in Angola.
All the materials related to the series of training modules will be provided by the project in consultation with IFAL and MAT. The project aims at providing capacity building for local administration staff. Participation in each of the training sessions will be indicated by the municipal administrator to guarantee that trainees receive the relevant training based on their specific area of work. To ensure a high absorption of the training content, each module will have a discussion and Q&A session to debate the material and allow for clarifications. The training will be mainly carried out at the municipal headquarters where there are appropriate infrastructures available. However, whenever necessary and to facilitate logistics, the training of communal staff will be carried out at the commune administration. Finally, the training will be provided in morning sessions, with maximum three times per week and will provide a balance for administration staff to continue their day to day work as normal. All training sessions will involve an important practical and field component.
(R3) NSAs (peri-urban and rural communities, traditional authorities) and Local Government involved in a collaborative engagement, have a better understanding of land governance mechanisms and are able to better advocate their rights. (This relates to 10 Country R3). A total of 150 communities will have active representation by NSA leadership on land governance issues and the use of VGGT principles. Table 4 shows the NSA Participation Profile in this area of activity:
Table 4: Profile of Non State Actors for Training in Land Tenure and Participants Natural Resource Management Traditional authority (including “Soba Grande” – highest traditional chief) 150 Church leaders 50 Women’s Solidarity Groups (key members and leaders) 30 Farmer organization leaders (Cooperatives, Legalized and other 300 Associations) - President, Secretary, Treasurer. Youth leaders 50 Local NGOs 4 Community Water & Sanitation Committees 30
2013.1 Page 22 of 72 04cbe305acfcfbf0f22e66e5775e4608.doc Local Non state Actors are currently unable to actively engage at local decision making structures and provide an appropriate representation of community needs for the elaboration of pro poor policies and action. This lack of representation is a result of their weak organisational structure, poor capacities and very limited integration for collective action in local problem solving. Communities do not yet have a strong social fabric to lead local development and engage with government for higher accountability. At the recently established local decision making spaces Social Consultation and Coordination Council (CACS) representation is actually biased to a small number of local NSA that are not representative of the overall community. Even though traditional leaders participate at these meeting spaces, their interaction and feedback mechanisms are also sporadic and lacks orientation to action.
The proposed action will address the social capital gaps relevant to land tenure in the municipality. The initial platform to discuss Non-State Actors capacities and role will be brought to attention in a workshop “Non-State Actors Role in promoting Land Tenure Rights”. At the event, local Non-State Actors will learn that community resilience and development depends on a proactive, dynamic and engaged community leaders. The management and technical capacity building for Non-State Actors will be implemented on two stages. Firstly, a more generic training on “Land law and Customary Land rights” will be provided to the identified civil society and community leaders in how to organise themselves and represent their constituencies at public meeting spaces.
A key component for local development and the recognition of land rights is the relationship between Non-State Actors and local government. Both play an important role in the land tenure process, and only through increased dialogue and joint action can customary land rights be assured. At present, the dynamics between local NSA and government tends to be weak, manifested occasionally by church leaders at the Consultation and Coordination Council. The target group will benefit from the project as it will promote the dialogue and the coordination for joint action. This will be achieved through the organisation of a workshop at municipal level with the key leaders both in civil society and local government to initiate a debate on the concept of “participative process for land tenure and customary land rights”. At the workshop, both actors will have the chance to define what this means and prompt each other how these can be nurtured in the municipality. Additionally, the action will provide assistance in the preparation for Social Consultation and Coordination meetings at communal and municipal level, to guide Non-State Actors and local government in the creation of synergies for local land tenure. Also the increased participation of Non-State Actors in the development of the Municipality Profiles and Annual Development plans is an opportunity to identify potential areas for collective action. Evidence of collaboration between NSA and LA on governance of land tenure and natural resource management will be reflected in the minutes of the meetings of the multi-stakeholder active platform (CACS) with land tenure issues on the agenda and action taken as a result of the recommendations. (R4) Public sensitized through a wide dissemination using the media of information on land tenure issues, promoting the principals of VGGT and lessons learned shared with land governance stakeholders including the global networks (such as GLTN). (This relates to 10 Country R5). The project will ensure that information on Angolan land regulations and VGGT documents are easily available in each of the ten municipalities and are well known by key representatives of NSA, communities and public services. The monitoring of land tenure issues in the public and independent media will be done to track the development of public policy and citizen awareness of the issues. Quarterly features will be published in the community media journal ONDAKA in Portuguese and/or Umbundo (the local language spoken in the Central Highlands). Monthly provincial radio programs during the second and third years of the project will be broadcast, in Portuguese and Umbundo, dealing with land rights issues from the RNA Huambo antenna that also reaches Western areas of Bié. These broadcasts are expected to reach over 400,000 people within the designated project area.
2013.1 Page 23 of 72 04cbe305acfcfbf0f22e66e5775e4608.doc In addition 2,000 copies of informative documents on land tenure will be produced and distributed community leaders, local professionals and NSAs and civil servants. These documents will include some already developed by FAO for use in the central highlands of Angola. Combined with training sessions previously described it is expected that all institutions and organizations involved in the project will apply relevant principles of the VGGT. viii) Cross-cutting Issues
There are three cross-cutting issues for the project.
Gender mainstreaming and promoting women’s empowerment
In practice, gender mainstreaming means identifying and addressing gaps in gender equality. A total of 60 percent of project beneficiaries will be women. Traditionally, the woman’s sphere of responsibility in the Umbundu household includes all aspects of daily family subsistence, including the production of food crops, horticultural crops and small livestock. Women also are responsible for: the conservation, processing, and preparation of food; the sale of food produced to procure basic family consumer goods; the collection of firewood and water; and caring for children, the elderly and ill household members. Men, meanwhile, are primarily responsible for land preparation, commercial crop production (including potatoes), and cattle rearing. As a result of the long civil war, female-headed households have increased tremendously and the gender-based division of labour has become less rigid. Since women tend to sell produce to meet the day-to-day needs of the family, an increase in their productivity should result in greater disposable income once basic family needs are met. To ensure that the project is inclusive and actively promotes women small farmers, the project will develop a culturally-specific gender strategy at the outset of the project. Women should have increased ability to articulate their right to access land and to inherit land. The introduction of the discussion of equal land inheritance rights in schools, churches and jangos (local traditional councils) will be done through a carefully designed process that will make use of arts and participatory methods to challenge current practices in rural areas.
The project will ensure that women have access to training programs by organizing existing women’s groups, employing female trainers whenever possible and encouraging women to take leadership positions in organized activities. WV has been successful in requiring at least 60 per cent participation of women in rural training sessions. Although the leadership structure of farmer organizations tends to be male-dominated, women will be encouraged to participate by attending association meetings and training sessions and by serving as representatives and counsellors.
As a result of the long civil war, female-headed households have increased significantly and the gender-based division of labour has become less rigid. Women headed households (20 percent) will be specifically targeted to ensure their active participation in project activities. The IDA extension service currently has less than 10 percent participation of women. The project will advocate toincrease the number of women extension agents by influencing IDA about the importance of women participation in the extension services. Women’s access to improved technology and management of natural resources: It is normal for women to have their own plots of land for agricultural production. WV will ensure that women have access to farming inputs and training programs for improved management of natural resources.
Institutional capacity building of the key actors in the area of governance.
This is described in detail in the activities under Expected Results 1, 2 and 3 and in Section 2.1.1 v) partners and stakeholders.
Environmental sustainability and improved management of natural resources
The project will work closely with the Provincial Departments of Agriculture and the Institute for Agrarian Development (IDA) at the provincial and municipality levels to promote sustainable farming
2013.1 Page 24 of 72 04cbe305acfcfbf0f22e66e5775e4608.doc systems that use environmentally safe methods and that improve the management of natural resources. This will include erosion control, integrated pest management, and increasing soil fertility through use of crop rotations, cover crops, organic fertilizers and fallow. The activities of IDA extension services will be promoted and are expected to have a positive impact on the environment. Trained community extension agents and IDA field staff will provide technical support for the targeted farmer organizations and communities. Regular supervision and monitoring will ensure that communities with protection of their customary land use rights are aware of environmentally sound farming systems. Environmental issues relating to poverty such as charcoal production and “nacas” cultivation close to water courses and vehicle washing in rivers will be addressed. ix) Activities Expected Result 1: Strengthened technical capacity of municipal government in areas of participatory mapping, cadastre management, and the use of geographical information systems, and legal framework used in line with VGGT and STDM (in line with results 1 and 4 in the global initiative logical framework for 10 sub-Saharan countries).
Activity 1.1: Analysis, revision and harmonization of the legal and policy framework in line with the VGGT / STDM and the AF&G, and adequately address customary tenure rights. This activity will be undertaken by the DW/WV team at the start of the project and MoUs will be signed with the municipality administrations and with other implementation partners that will include the Ministry of Territorial Administration (MAT), the Ministry of Urbanism and Housing (MINUH) and the Ministry of Agriculture, Institute for Agrarian Development (IDA). Activity 1.2: Select and train field technicians and implement mapping. This activity involves two training sessions for the production of Land Use Maps for the selected municipalities. These maps will be done with a combination of remote sensing techniques and field work. The production of these maps will be done by consultants that will at the same time train and lead the field teams. This will be an important part of team building and initial knowledge building. The production of Municipal Profiles will add detail to the geographical information and use information to be collected together with the government bodies and civil society organizations. Activity 1.3: Data analysis, results, report writing and recommendations for follow-up. This activity will be undertaken by the project municipal supervisor with support from other members of the team with a geographic division between partners. Activity 1.4: Monitor levels of gender access to land, inheritance of tenure rights and support the establishment of land conflict resolution systems. This activity will be undertaken by the project municipal supervisor with support from other members of the team and in close partnership with the local authority. In particular this exercise will seek to monitor the increasing migration away from rural areas, the increasing number of women headed households and the implications for inheritance of tenure rights. Activity 1.5: Develop GIS monitoring tools for improved planning and natural resources management to respond to climate change and emergencies. A provincial system will be linked to the municipalities using GIS monitoring tools. This includes the protection of small rivers, forest reserves, erosion prevention and the response to extreme weather events which are increasingly problematic in the region. In particular it will identify and help to prevent population settlement in low lying areas that are at high risk from natural disasters such as flooding and erosion. Activity 1.6: Delimitation of existing community land use and occupation. This will involve the creation of cadaster using GPS and GIS software. The DW/WV team will provide in-service job training for local government technicians, installation of software in their offices and other actions to build local capacity in this area. Customary rights for rural communities and urban families will be protected. In-depth municipality profiles will be completed over the life of the project. Expected Result 2: Public administration and legal entities capacity increased to simplify and fast- track the land rights recognition processes and to meet the demand for land rights formalization.
2013.1 Page 25 of 72 04cbe305acfcfbf0f22e66e5775e4608.doc Activity 2.1: Train key local land administration technicians in the developed procedures used to implement the model process in partnership with the Local Authority Training Institute (IFAL) and the Central Highlands Training Centre for Public Servants (in Huambo). DW will take the lead in the coordination and organization of formal trainings at the municipality level. Both partners will provide practical and in-service training support to local technicians in their respective geographic areas of responsibility. Activity 2.2: Design guidelines and a manual that can be easily used by local authorities and community workers in implementing the land rights formalization processes. This exercise will review existing FAO manuals in Portuguese with the active involvement of all stakeholders. The duplication and distribution of 2,000 copies will be made during the start of the project. Activity 2.3: Assist in designing the process and drafting the implementing regulation needed to facilitate the rapid assessment, adjudication, and formalization of land rights based upon informal land occupancy. A series of meetings with NSA and LA including CACS with land tenure issues on the agenda will be held to facilitate the formalization of land tenure rights. A consultant will be hired for the drafting of the implementation regulation. In particular, the project will take into consideration gender issues as they relate to land access and rights to land, focusing particularity on women-headed households. Activity 2.4: Develop pilot demonstration activities in each of 10 municipalities to test the process created for land claim reconciliation, mapping and surveying, plot designation, and formalization with smallholders. These activities will be initiated at strategic locations in the targeted municipalities to ensure their value for “seeing is believing” in rural communities. Activity 2.5: Promote GoA endorsement of the model process by creating partnerships with key local, provincial, and the Ministry for Territorial Administration. The DW/WV team will have regular meetings with MAT at the national level. Contacts at the provincial levels will be led by DW in Huambo and WV in Bié. An MOU or other formal agreement to the demonstrated process by the GoA is an expected outcome.
Expected Result 3: NSAs (Peri-Urban and Rural Communities, Local Traditional Authorities) and Local Government involved in a collaborative engagement, have a better understanding of land governance mechanisms and are able to better advocate for their rights.
Activity 3.1: Develop a simplified set of procedures for participatory land mapping and produce a simple manual. The DW/WV team will review existing FAO material and develop a “Practical Guide to Participatory Mapping”. A division between urban/peri-urban and rural contexts will be made. The procedures will be tested in practice for refinement prior to the distribution of 1,000 copies. Activity 3.2: Train local teams composed of community members and traditional authorities in using tools for simple mapping and characterization. Formal and informal training activities will be conducted at the municipality and community level. Activity 3.3: Assist the submission of the prepared individual or collective applications for formal titles to the designated provincial authority. The DW/WV team will work to facilitate applications for formal title to customary land rights in rural areas and applications by urban families. Activity 3.4: Training of local administration in women’s basic land rights promotion. Specific training will be given but this issue will be cross cutting in all training sessions. Activity 3.5: Promote and facilitate the respect for legitimate tenure rights with active measures for the full realization of tenure rights and ensuring that services are accessible to all. Training sessions, participation in CACS and support by reference to orientation manuals will be integral components of this area of activity. Expected Result 4: Public sensitized, Land Law & VGGT widely disseminated and lessons learned are shared with land governance stakeholders including the global networks (GLTN).
2013.1 Page 26 of 72 04cbe305acfcfbf0f22e66e5775e4608.doc Activity 4.1: Create appropriate sensitization materials and widely publicize the information about the land legislation using cost effective rural communication strategies such as radio. Create materials in such a way that they can serve as a model for a national sensitization campaign. The first step will be the definition of a technical committee composed of key stakeholders for the radio programs. The committee will be responsible for the definition of the themes and technical content of radio programs. A specialized consultant will be hired through a competitive process to produce the script for the radio programs. The approval of script for radio programs will be made by the committee, GoA representatives and DW/WV Team. The radio programs will be produced in both Portuguese and Umbundu. The programs will be recorded at the Huambo studio of RNA and broadcast. Activity 4.2: Collaborate with civil society initiatives through the member NGOs of the Rede de Terra and Ministries of Urbanism, Environment and of Agriculture on the planning of broader publicity of the VGGT and Land Law regulations. DW will take a lead role for this activity and will nominate a coordinator for the NSA “Land Network”. The project will ensure that copies of land law and VGGT documents are easily available in each of the 10 municipalities and well known by key representatives of NSA, communities and public services. Activity 4.3: Monitor land tenure issues in the public and independent media will be done to track the development of public policy and citizen awareness of the issues using DW’s documentation centre. Where publicity has been implemented within the pilot communities, monitor the messages and recipients for indicators of effectiveness and impact. Activity 4.4: Commission quarterly features to be published in the community media journal ONDAKA in Portuguese and/or Umbundo (the local language spoken in the Central Highlands). Distribute the journal widely in the 10 municipalities of project focus. Activity 4.5: Advocate with provincial and central government institutions to implement the VGGT / STDM and incorporate lessons learned from the proposed project and other pilot projects. Regular advocacy sessions will be conducted at both the provincial and national levels. Activity 4.6: Promote among non-state actors, including business enterprises and corporations in the extractive industry, the VGGT and their responsibility to respect legitimate tenure rights. Technical guides and training manuals on VGGT-AF&G will be distributed to community leaders, local professionals, representatives of NSA, key officials of the LA and partner government institutions. There will be a comprehensive engagement of the media to promote this material. In addition a series of three exchange workshops will be conducted by the end of year two. Activity 4.7: Actively participate in the global debate about land management, natural resources management and development, including contributing with the project's experience to the GLTN and introduce in the Angolan relevant debate going on globally. A paper on methodology, lessons learned and progress made will be produced each year and shared with the appropriate networks and/or at conferences. Selected material available through the GLTN will be translated into Portuguese with the issue of at least one article/paper each year.
Changes to the information provided in the concept note
The only significant changes are as follows: The overall objective of the EU stated in the concept paper is now abbreviated and made context specific and is now stated as “to secure tenure of land, fisheries and forests and other natural resources for smallholders, vulnerable people and communities, to achieve food security and eradication of poverty in Angola.” The project’s geographical coverage now includes one municipality in the province of Benguela. The Expected Results have been stated in a manner that now provides greater clarity of what is intended but the essential intent remains unchanged.
2013.1 Page 27 of 72 04cbe305acfcfbf0f22e66e5775e4608.doc There are now six activities detailed under R1 instead of five, five activities detailed under R2 instead of the previous six, and six activities detailed under R4 instead of the previous five. FAO will have a role in the project implementation contributing to better continuity of processes started by FAO, consolidation of coordination in the sector and use of FAO expertise in the project. A specific agreement will be signed with FAO in the initial stages of the project.
2.1.2 Methodology i) Methods of implementation and rationale
The project approach assumes capacity building as the key element for secure tenure. Even the elements related with political will are taken in this proposal as based in capacity building for non- state actors and communities to use spaces of negotiation and design and implement effective advocacy and lobbying activities. Capacity building will be multi-disciplinary but integrated. It will include:
Social mobilization – community organization for learning of concepts related with planning, land management and political participation in the local forums, to defend community land rights and better management of community resources; Legal framework – the analysis of Angolan legislation to search for the appropriate ways to promote VGGT and STDM; Technology – the use of appropriate hardware and software to manage land property cadastres and to undertake land management for sustainable development.
All the capacity building will involve the introduction of concepts and their application in practical exercises such as:
Provincial Land use maps (for Huambo and Bié). These maps will be produced using remotes sensing techniques associated with field work. The project activities will have a double purpose: (1) to increase local capacity to produce, interpret and use this type of maps for monitoring and decision making and (2) to produce the maps themselves as important tools other activities such as the prioritization of intervention areas, monitoring project impact, monitoring natural resources preservation/degradation (deforestation, erosion, water lines and lakes, etc) among others; Community land delimitation maps. These maps will be a product of processes that will include Participatory Rural Diagnostic. The purpose is to capacitate the communities to better manage their assets and to advocate for their land rights. The village delimitation will be the start point for legal recognition process that will be follow-up by the project. The project will support communities to take the lead in such processes; Municipal profiles. The profiles characterize the municipalities. They will be a tool to improve knowledge about the municipalities. The profiles will be a planning tool for further interventions by government and civil society, such as prioritizing areas for land regularization or mitigation of environmental problems; Computer based cadastre with information collected in the field (in villages and peri-urban areas). The cadastre will allow for a more systematic and reliable management of land claims. It will result in faster response to land claims and contribute to prevent conflict; Participatory plans (at village and municipal levels) using existing structures such as local councils (CACS) or jangos (at village level).
The capacity building exercises will be tailored to the level of knowledge of the different groups. At the same time it will be designed to contribute to greater interaction between government, NSA and communities and the creation of networks of professionals working in related domains.
2013.1 Page 28 of 72 04cbe305acfcfbf0f22e66e5775e4608.doc Strategies for improving land governance include: more appropriate policies responding to local practices; stronger local government institutions; more and deeper community participation; and the testing of alternative approaches to tenure security. Reducing tenure insecurity also reduces potential sources of future conflict. The project’s focus on training and partnering with the Ministry of Territorial Administration (MAT) and IFAL provide the opportunity of achieving a national scale and significant impact. Other important aspects of the implementation methodology employed by the project are as follows:
Community-based, participatory, capacity-building initiatives: DW and WV have both operated at the grassroots level in Angola for many years and have a wealth of experience in community-based, participatory, empowerment-focussed development work within the context of the Umbundu culture of the central highlands of Angola. Given the central role of community ownership and sustainability, the target communities (most of whom are also end- beneficiaries) take a central role in project implementation. Local communities will be involved in the participatory mapping of community land. Partnership approach: As working in partnership and strengthening networks and dialogue is an important step towards improving the local capacity to manage and coordinate land tenure issues, this project makes a strategic attempt to foster stronger relations between the various local-level stakeholders as described on the previous section 2.1.1 partner and stakeholders. The project will support all community members to participate in and access the benefits of the project regardless of gender, religion, ethnicity or disability, also ensuring that the most vulnerable are among the primary beneficiaries. National Level Partnerships: The project managers will interact with appropriate offices within the ministries and will represent the action at provincial and national forums. Further information is provided in Section 2.1.1 ii) Capacity Statement and Roles of the Implementation Partners and v) Partners and Stakeholders. ii) Previous and Current Actions
The EC has a number of on-going actions involving partnerships between State and NSA for improved governance that are being implemented by the two proposed partner NGOs and that can facilitate the objectives of this project. The Promotion of Angolan Land Rights jointly supported through two complementary projects the EuropeAid Project 129-970/L/ACT/AO and another one supported by the Netherlands Embassy. The AECID funded Land Project GCP/ANG/045/SPA was implemented by FAO in selected municipalities of the provinces of Huambo and Bié to the end of 2013. The objective of the project is to strengthen the capacities for the management of land and natural resources principally through support for local actors, government and civil society, to improve institutional capabilities responsible for management. Development Workshop is associated with the Global Land Tenure Network and has incorporated GLTN’s Social Land Tenure Domain Model in its work. The model, presently being tested in Huambo, uses participatory “smart” technology in documenting evidence mapping occupants and customary legitimate land claims.
There are emerging opportunities for the project in Huambo vis-à-vis the previous urban land development and cadastre projects, and in the light of gradually growing capacity at city administration level (accompanied by strengthened ties with DW). The current situation concerning urban land management in Huambo has support from provincial government with proactive development of new urban expansion areas, reactive land regularisation, setting up a cadastre and growing awareness of a need to engage with unplanned areas through forms of upgrading and environmental protection. DW for its part is now completing several cadastre projects, including the adoption of specific software (Open Title), testing and training – as well as continuing to have an interest in urban land development at project, programme and policy level. DW has already identified the main tendencies in urban physical development in Huambo city – on the premise that it is necessary to work with such tendencies and guide these, as opposed to await some future state of strengthened municipal role / capacity in control. The basic data which permitted identification of tendencies was both quantitative and qualitative, drawing on ROTUA/HCA and DW experience. On the basis of this data, key tendencies at macro-, meso- and micro-level within the urban areas of the
2013.1 Page 29 of 72 04cbe305acfcfbf0f22e66e5775e4608.doc municipality (i.e. Foral) were analysed vis-à-vis desired values and objectives and this led to a set of nine concrete proposals (mostly process-oriented). These are reported elsewhere with specific responsibilities for development identified. The WV project Partnership for Sustainable Local Development in the municipality of Longonjo has established a very good working relationship between Non-State Actors and Local Authorities (Reference: EuropeAid 128274/L/ACT/AO). WV will now build on the strong platform created to promote improved governance of land tenure and natural resources. The agricultural thematic group created will be instrumental in the implementation of the participatory mapping of communal lands. WV also has an ongoing project for Water and Sanitation in the municipalities of Huambo, Ekunha and Longonjo and the excellent community mobilization and mobilization and relationship with the Local Authorities (Reference: EuropeAid/129509/C/ACT/Multi). The protection of land rights in these communities will also contribute to secure the investment made in water points and encourage more investment in productive infrastructure and improved management of natural resources. WV has also invested in the rural areas of the project over the past five years with non EC funding (BMGF) in the productive capacity of smallholder farmers, organisational structure, village banking, credit, and access to markets. All of these areas will be mutually reinforcing with the land tenure project. Further information on previous and current actions is provided in Section 2.1.1 ii) Capacity Statement and Roles of the Implementation Partners. iii) Thematic coordination and complementary actions
The proposed project will be implemented by the NGO partners in coordination with the Angolan Ministry for Territorial Administration (MAT) who has the principal task of promoting local government decentralisation and municipal elections in 2015. This project is part of a broader initiative to promote secure tenure in ten countries of Sub-Saharan Africa. FAO will be providing transversal and start-up support to the whole program and for that reason the project methodology, in particular related with M&E, will be refined with the FAO support. At an early stage the project’s team will be engaging with the other projects in countries with a context similar to the Angolan one. A regular interchange of information with the teams of those projects will be built. As mentioned previously the FAO “Land Project” is expected to continue with a start later in 2014 and will be highly complementary to this project. Developmental synergies are expected between FAO working at the national policy and provincial government dealing with legal issues/areas of conflict and the DW/WV interventions that focus more at the municipality level and ensures the broad participation and awareness of civil society. iv) Follow up and internal/external evaluation
The monitoring activities will be carried out by the whole team with support from an M&E officer. The M&E officer will provide methodological support and consolidate information provided by the team members. The consolidated information will be a central element of the project’s team meetings informing the planning and decision making process. At the start-up a base line study will be carried out by the team. This will provide information about the communalities and differences between municipalities and allow for specific action plans tailored for each municipality. This base line will also be used as a reference for comparing progress along the project implementation. The baseline will use information collected for the land use maps of Huambo and Bié, and for the municipal profiles. The baseline will select relevant information for the project monitoring and evaluation activities, recording the start-up data for all the key project indicators. Monitoring will take place at three levels:
Activity implementation – the team will draw monthly plans and undertake a weekly analysis of progress, keeping support documents of activities completed (list of presences in training sessions, photos, maps, etc) Progress towards results – on a quarterly basis the project will undertake and analysis of its progress towards stated results. Information from the base line, activity reports and specific
2013.1 Page 30 of 72 04cbe305acfcfbf0f22e66e5775e4608.doc data collection to measure progress will be organized. Quarterly reports will document the analysis and conclusions. Context – the senior members of the project’s team will carry out monitoring of elements included in the logical framework assumptions. This will allow for risk monitoring and will contribute to project decision making. It will also produce information on developments that could be opportunities or barriers to the project.
Within 30 days of the start of the project a Detailed Implementation Plan will be developed indicating targets to be achieved for each action, timeline and allocating responsibilities. Monitoring will be done accordance with the Logical Framework in Annex C. The monitoring and evaluation process will be inclusive, participatory, gender sensitive, implementable, cost effective and sustainable. The definition of indicators and measurement of progress will be reviewed and refined during the baseline survey and initial diagnostic as described in Section 2.1.1 – Indicators for the objectives. v) End-of-project evaluation
An external consultant will be hired to assist with the baseline survey and a final evaluation at the end of the project. During the last quarter of the project an external national consultant will be hired (through a competitive bidding process) to lead the end of project evaluation. WV will ensure that the evaluation will be conducted using participatory methods, particularly involving youth and women. The end-of-project evaluation will assess the relevance, effectiveness, efficiency, impact and sustainability of the project. It will also document lessons learned which will be shared in the relevant municipal, provincial and national forums and will be integrated into future land tenure projects. An external audit will be conducted as per EC requirements. vi) Role and participation in the action of the various actors and stakeholders
The project approach is a delegated partnership between Development Workshop Angola and World Vision International Angola, in support of municipal government administrations and local communities in the Central Highlands region of Angola. This partnership has been described under Section 2.1 Activities and Roles The project will have two complementary work lines: (1) promotion of secure land tenure; and, (2) support sustainable natural resources management with a special focus on land. The project methodology will be based in the following aspects:
Build on existing capital already developed by Development Workshop and World Vision International through previous projects. Focus on capacity building and institutional strengthening that will include (1) introduction or modernization of systems in the relevant institutions (GIS, participatory planning, land use monitoring), (2) training in class and on the job, (3) coaching, supporting professionals in government institutions in solving problems they will face when using the new systems and (4) development of professional networks for information sharing and problem solving. Community development through support to existing associations to regularize their land rights, engage in participatory planning and participate in consultation councils. Continuum approach to the recognition of rights. Although titling can be seen as a goal the project recognizes that there is a continuum of land rights and what is crucial is to make concrete steps in the right direction. This is an approach in line with best practices recognized by UN Habitat and GLTN. Social Tenure Domain Model. The use of computer software for land cadastre that allows for the registration of different levels of tenure in the continuum mentioned above.
The project will build on previous engagement already established by WV and DW that created trust from communities and government authorities. Based on those relationships the project will act in the following sequence:
2013.1 Page 31 of 72 04cbe305acfcfbf0f22e66e5775e4608.doc Undertake an initial diagnosis of land use and management practices and related capacities [using the VGGT and STDM perspective] in a way that will also contribute to create awareness about the project and the values it promotes; Based on the results of the diagnosis fine-tune the different training activities according to the needs and capacities of each municipality and groups inside it (several times separate training sessions will be organized for urban groups and rural groups); Implement training sessions that will start as workshops and will end up as concrete field exercises that will result in products such as maps, databases, land use plans, proposals for local regulations; Coach the different professionals trained in their jobs, to consolidate knowledge and contribute to organizational culture change in their institutions. Promote the involvement of students and academics in the project field work; Monitor conflicts, related projects, new actors and look for bridges with the project; Facilitate debate among professionals and the organization of CACS to debates concrete cases of land management / natural resources management; Document and disseminate the experiences above feeding the national and international debates. vii) Organisational structure and the proposed team
World Vision (WV) will have overall managerial responsibility for the project and DW will take a technical lead role as described in Section 2.1.1 ii and iv. The project will take a team approach with management by results. An organization chart that demonstrates schematically the relationships between the various members of the implementation team and key stakeholders can be found in Attachment 1. A Memorandum of Understanding between DW and WV making reference to the project documents and a detailed implementation plan will be signed by both parties within the first 30 days of the project.
The integration of the two organizations will be assured through informal means and the following formal committees:
A Steering Committee will be composed of an EC representative, FAO representatives (2), MAT representatives at the national (1) and provincial level (2), Ministry of Agriculture/IDA representatives at the national (1) and provincial level (2) and the Operations Directors and Technical Managers of DW and WV. Other key stakeholders may be invited to attend on an as needed or part time basis. The Steering Committee will meet on an annual basis in Huambo to provide ongoing strategic direction to the project – reviewing past results and guiding the elaboration of an annual detailed implementation plan for the forthcoming year.
An Operations Management Committee comprised of Operations Director, Technical Manager, Coordinator, Finance Director, M&E Officer for both DW and WV and other staff on an as required basis will have monthly meetings in Huambo to review project progress, share information and integrate plans for the forthcoming month.
Roles and Responsibilities
Both organizations will employ a Technical Manager who will be based in Huambo and will directly manage all field operations. The Technical Managers will respond to the Director of Operations in their respective organizations. The Technical Managers in each organization will be supported by a project coordinator who will supervise a Training Coordinator and four decentralized municipality supervisors. DW will hire an overall manager of the Huambo training Unit. WV will hire a Monitoring and Evaluation Officer for the project. DW will have overall responsibility for the training programmes and for the radio programmes.
Overall administrative and financial support will be provided by WV personnel in Huambo and
2013.1 Page 32 of 72 04cbe305acfcfbf0f22e66e5775e4608.doc Luanda that will include a finance and administration director (5%), senior grant manager (25%), accountant (50%), procurement and administration officer (25%) and human resource manager (10%).
Administrative and financial support staff for by DW will include personnel in Huambo and Luanda that will be a finance director (10%), finance and administration manager (25%), book keeper (50%), procurement and administration officer (25%) and human resource manager (10%).
The following Table clarifies the division of responsibilities between the implementing partners as it relates to their relative areas of expertise and experience:
Table 5: Division of responsibilities between the implementing partners
Level Area of Specific Technical Basic Role of the position in the Position Title of Expertise implementation of project activities Effort ER 1 ER 2 ER 3 ER 4 DEVELOPMENT WORKSHOP Operations Overall oversight of the project and strategic Director 10% X X X X direction. Manger Technical Management of all DW activities and Specialist and operational coordination with WV. Manager 80% X X X X Technical oversight of all project activities. Lead role in coordination with MAT at the national level. Huambo Coordination of all activities in the provinces Province of Huambo and Benguela and relationships Coordinator with provincial government and other stake 100% X X holders Supervision of all activities in the municipality of Huambo sede. Coordinator of Overall coordination of all project training Huambo activities for both DW and WV. Will be Training Unit 100% X X responsible for the training of trainers and working with GoA Institutes for the training of public servants. Deputy Will assist the coordinator of the training unit Coordinator of and do follow up coaching. Considering the the Training importance of capacity building a second 100% X X unit for trainer was considered important Huambo and Benguela Municipality Supervision of all activities at the municipality Coordinators in level and relationships with the local authority. 400% X X Huambo and Benguela Two visits are budgeted from one international International 1 X X X land tenure specialist. Consultants Services for 1 X Local radio programme services radio programs Support for community land 1 X Local specialist consultant for five rights and municipalities mapping Support services for in- Local consultant for in depth municipality depth 1 X profiles using GIS for five municipalities municipality profiles WORLD VISION
2013.1 Page 33 of 72 04cbe305acfcfbf0f22e66e5775e4608.doc Operations Overall oversight of the complete project and Director 10% X X strategic direction. Close coordination with Manger WVN/SWITZ. Management of all WV project activities and Technical 100% X X X X operational coordination with DW. Lead Manager overall coordination with IDA. Coordination of all WV activities in the provinces of Bié and relationships with Bié Bié Province 100% X X X X provincial government and other stake holders Coordinator Supervision of all activities in the municipality of Quito, Bié. Will be responsible for all WV training activities and will work in close coordination Trainer and 100% X X X with the Coordinator of the Huambo Training Facilitator Unit. Will also be responsible for follow up coaching and mentoring. Municipality Supervision of all activities at the Coordinators in 400% X X municipality level and relationships with the Bié and local authority. Huambo Monitoring and Responsible for the collation of a data base on Evaluation 100% N/A N/A N/A N/A all activities undertaken by DW and WV. Officer One visit is budgeted from one international International 1 X X X land tenure specialist. Consultants Support for community land 1 X Local specialist consultant for five rights and municipalities mapping Support services for in Local consultant for in depth municipality depth 1 X profiles using GIS for five municipalities municipality profiles
viii) Means proposed for the implementation of the action
A total of six existing DW/WV vehicles will be available to the project on an internal leasing arrangement for use by senior full time project staff. The project will also purchase two new 4x4 vehicles. A total of eight 125cc motorcycles will be purchased for use by the municipality supervisors. Computer equipment required will be 14 laptop computers and four printers will be acquired for the Project Managers (2), Training Coordinator (2), Coordinator (2) and municipality level supervisors (8). GIS software will also be required. A total of 20 GPS/smartphones will be purchased to facilitate land mapping for use by the DW/WV staff and by partner institutions. Other equipment includes plastic tables/chairs, generator and data show with screen to conduct decentralized training sessions. Other material inputs will include basic office utilities and supplies, training publications and materials for visibility actions.
ix) Attitudes of all stakeholders towards the action in general and the activities in particular
Based on previous experience and recent understandings, the project has the full support of the government at the national, provincial and municipality levels. MAT’s National Director for Planning (GEPE) was consulted in the development of the proposed project and he is keen on promoting the project’s objectives to capacitate local government in land use planning and feed outcomes into the national annual planning cycle (RATA).
2013.1 Page 34 of 72 04cbe305acfcfbf0f22e66e5775e4608.doc x) Planned activities in order to ensure the visibility of the action and the EU funding
The R4 will be focused in raising public awareness on land, natural resources management, and existing frameworks based on best practices on those domains. For this reason the whole result will be strongly related with communication. Manuals, radio programs, leaflets, newsletters and press releases will be produced regularly and will give credit to the EC. In addition, all the training sessions and meetings will have identification banners and information material with the relevant logos. The senior elements of the team will pay attention to the need of giving Angolan institutions a deep sense of ownership for the changes that the project will promote. The visibility will also be provided through: the identification of all vehicles and equipment with the EC logo; signs installed on the major access routes to the targeted municipalities; display of the EC logo at all training sessions; and, distribution of caps and T-shirts bearing the EC logo.
2.1.3 Duration and indicative action plan for implementing the action
The duration of the action will be 36 months. Tables 6 and 7 show the timeline for the implementation of the major activities and indicate the responsibilities for their implementation. Where both DW and WV are indicated for implementation their respective technical and geographical responsibilities apply as described in Section 2.1.1 Activities and Roles.
Table 6: Action Plan for the First Year of Project Implementation Semester 1 Semester 2 Implementing body Activity 1 2 3 4 5 6 7 8 9 10 11 12 Hire of Staff X DW/WV Procurement of vehicles and X X X DW/WV equipment Signature of MoU DW/WV and elaboration of a Detailed X DW/WV Implementation Plan Signature of agreement with X FAO FAO Signature of MoUs with MAT X X DW/WV and key stakeholders FAO Inception Workshop X DW/WV Grant Compliance Workshop X WVN Presentation of the program to GOA at the national and X DW/WV Provincial levels Office establishment in Quito, X X WV Bié Launch seminar with provincial authorities in X DW/WV Huambo and Bié Baseline and diagnostic X X Consultant survey Analysis of legal and policy X Consultant framework
2013.1 Page 35 of 72 04cbe305acfcfbf0f22e66e5775e4608.doc Revision and harmonisation Project/ of legal and policy framework X X X X X X X X X FAO with GoA Integration with FAO Land X X X X X X X WV/FAO Project in Bié Training of technicians from local authority, IDA in participative mapping of X X DW/WV customary land rights, VGGT and STDM. Training of trainers and LA to DW/IFAL manage land rights process X X X X X X X X X /Training and formalization Centre for Public Servants Training of staff and GoA technicians in the use of GIS X X X X X X X X X X DW/WV software Community identification and X X X X X X X X X DW/WV mobilization Conduct in depth municipality X X X X X X X X DW/WV profiles Pilot demonstration of land X X X X X X X X DW/WV right recognition Design and test in practice an DW/WV Orientation Manual for land X X X X X X with MAT tenure Design and test in practice a Guide for Participatory DW/WV X X X X X X Mapping of Customary Land with MAT Rights Publication and Distribution DW/WV of Land Tenure Manual and X X with MAT Guide
Meetings between NSA and DW/WV LA and CACS to discuss land X X X X X X X tenure issues ADRA
Dissemination of land DW/WV legislation in the areas of X X X X X X intervention ADRA Training and supervision of local teams for the mapping of X X X X X X X X DW/WV customary land use rights Distribution of publications X X X X X X X X DW/WV on land law. Creation of a technical committee, definition of X X X X X X DW/WV themes and review of radio messages Production and broadcast of Consultant X X X X radio messages and RNA
2013.1 Page 36 of 72 04cbe305acfcfbf0f22e66e5775e4608.doc Advocacy with provincial and X X X X X X DW/WV central government Active participation in the global debate and X X X X X X X X X DW dissemination of GLTN and project experiences Monitoring of impact X X X X X X DW/WV Submission of processes in support of customary land X X X X X X X DW/WV rights and urban land tenure Monthly Meetings of the X X X X X X X X X X X DW/WV Management Committee Meeting of Steering Committee and Annual X DW/WV Review Quarterly Reports (internal) - X X X X DW/WV Technical and Financial Annual Reports - Technical X DW/WV and Financial
Table 7: Action Plan for the Second and Third Years of Project implementation
Activity Year 2 Year 3 Implementing body Semester 3 4 5 6
Monitoring and Evaluation visit X X WVN
GoA organized event on the legal and policy X GoA/Project Team framework Conduct in depth municipality profiles X X X X DW/WV Ongoing mapping of Customary land claims X X X X DW/WV Submission of processes in support of customary X X X X DW/WV land rights and urban land tenure Distribution of Land Tenure Manual and Guide X DW/WV Meetings between NSA and LA and CACS to X X X DW/WV discuss land tenure issues Dissemination of land tenure legislation X X DW/WV information in the areas of intervention Supervision of local teams for the mapping of X X X X DW/WV customary land use rights Pilot demonstration of land right recognition X X DW/WV Production and broadcast of radio messages X X X X Consultant/RNA Interchange of information through local media X X X X DW/WV and ADRA ONDAKA Facilitation of the submission of processes in support of customary land rights and urban land X X X X DW/WV tenure
2013.1 Page 37 of 72 04cbe305acfcfbf0f22e66e5775e4608.doc Advocacy with provincial and central government X X X X DW/WV NSA and private sector exchange workshops for X X DW/WV VGGT Active participation in the global debate and X X X X DW dissemination of Monitoring of impact X X X X DW/WV Monthly Meetings of the Management Committee X X X X DW/WV Meeting of Steering Committee and Annual X DW/WV Review Elaboration of Annual Detailed Implementation X X DW/WV Plan Quarterly Reports (internal) - Technical and X X X X DW/WV Financial Annual Reports - Technical and Financial X X DW/WV End of Project – External Audit X External Audit firm End of Project – Final evaluation DW/WV and X External Consultant
2.1.4 Sustainability of the Action i) Expected Impact of the Action The action will have the following impact:
Build the capacity of local authorities in 10 municipalities and two provinces of Angola. Create a general public awareness in two provinces of land tenure issues, in particular as they relate to women’s inheritance rights. Build the capacity of NSA and NGOs in relation to customary land rights and their harmonious interaction with local authorities. Significantly increase the number of land claims and use rights that are successfully submitted and approved. The demonstration of improved models for implementing VGGT and advocacy with the Ministry of Territorial administration and the Ministry of Urbanism and Housing at the central and provincial levels in coordination with FAO should result in significant improvements to policy, methods and code of conduct for the practical implementation of the land Law in Angola. ii) Dissemination plan and Multiplier effects
The dissemination of lessons learned and experiences at both the national and international levels is described under Activity 4.6. A multiplier effect of project objectives will be promoted at the provincial level through municipality to municipality interaction (M2M). Replication at the national level (province to province) will also be promoted through advocacy and the demonstration to the government of a streamlined model for governance of land tenure and natural resources (Activity 4.4). The technical material produced can be widely disseminated by the GoA to other regions of Angola. iii) Detailed Risk Analysis and Contingency Plan.
2013.1 Page 38 of 72 04cbe305acfcfbf0f22e66e5775e4608.doc Table 8 below provides a risk analysis and relevant mitigating factors for each risk, for this action.
2013.1 Page 39 of 72 04cbe305acfcfbf0f22e66e5775e4608.doc Table 8: Risk Analysis and Contingency Plans Risk Indicators Likelihood Actions to Reduce Risk and Contingency Plan Physical risks: Although land mines are thought not to be Low All field mapping activities will be done in close present in working areas there is always cooperation of state authorities and local traditional theiv) possibility Main preconditions of “nuisance mines”and assumptions outside leaders. This will guarantee a good level of of known mine fields. information regarding landmines that will allow a low level of mines related risk. - There is a risk that natural disasters such as flooding could hamper project Medium - DW and WV will closely monitor climatic implementation and reduce the impact of conditions and warnings, so that they are able to the project. prepare the target communities should a natural disaster be imminent. - WV will work with the local authority to ensure that mapping does not take place in areas of high risk prone to the risk of flooding. Environmental risks: - There is a risk that construction of social Medium - To mitigate against this risk, prior to construction, infrastructures and roads could degrade WV and its partners will check that environmental the local environment. impact has been adequately considered in - There is a risk that non sustainable High construction plans. Communities will be encouraged farming practices will degrade the to plant trees for shade, fruit production and to environment and result in reduced improve the management of natural resources. agricultural production and household - The project will ensure that capacity building for income. community organisations includes a component on the improvement of soil fertility, soil management and the prevention of soil erosion. Political risks: - It is likely that the Government of Angola (GoA) Crucial for the successful implementation Low will remain committed to investment in decentralized of the project is that the government improvements in rural social infrastructure because it continues the implementation of the has expressed this many times in various policy decentralization of responsibilities and documents. DW and WV and partners will work means to Municipalities and collaborates closely with the relevant government ministries (at in the project. There is a risk that the GoA the national, provincial and municipality level) and will not remain committed to providing an provincial departments to provide updates on project enabling policy and institutional progress and recommendations regarding how framework for land tenure. government can further assist to ensure successful implementation and sustainability of the process to recognize land rights. Economic risks: - The GoA fiscal policy may continue to High - The GoA macroeconomic policy is likely to be overvalue the local currency, advantaging affected by the global price of petroleum over which imports at the expense of local production. DW/WV has no control. - There is a risk that significant (negative) - The project team will constantly monitor relevant currency fluctuations of the Euro relative Medium exchange rates, and consider the impact of this on the to the US Dollar and the Kwanza) could project. The assumed exchange rate for project hamper the ability to implement all areas expenditures will be conservative and take this risk of the action. into account. Social risks: - It is very important that the project has support - Traditional leaders and government from decision makers and local leaders because it Low officials collaborate in attaining the will involve training of civil servants, the project objectives. introduction of systems in government bodies and participatory exercises involving government High authorities and civil society. Previous projects already built relationships with national, provincial and municipal authorities. To keep nurturing these relationships with regular information and support that is sensitive to the structure of incentives of these authorities will be a central part of this project that will mitigate this risk. - It will be possible to work with - The project will start with the training of personnel personnel capable of learning GIS and in these areas but it is clearly an area that needs land management concepts. The use of special attention. Potential ways of addressing this computer assisted cadastre systems risk is the identification of recently trained demand a level of skills in the use of professionals associated with a systematic program computers as well as in the use of of training and coaching. The project plans to include cartographic2013.1 maps that are not always Page 40 of 72 04cbe305acfcfbf0f22e66e5775e4608.doc both in its approach. available in municipal administrations. - The project will benefit all members of the - There could be some resistance to gender High community and will always seek prior agreement and mainstreaming from male leadership active involvement of the traditional leadership structures. structure Like any other community-development intervention, the effectiveness of the action will depend on the existence of an enabling environment. The actions designed to mitigate against the risks (as out - lined in Table 8 above), will encourage an enabling environment for the project. The project logframe (see Annex C) identifies the critical assumptions (often related to the risks) the project has made. The information provided below outlines these assumptions, and the main preconditions made during and after the implementation phase. The essential preconditions are:
Funding from the EC and WV formally approved. Memorandums of understanding signed between WV and DW and other partners, to clearly define roles and responsibilities. Local authorities and Non state Actors continue to be in favour of the action-taking place in their constituencies. Recruitment of DW and WV Technical Managers who will implement the project at the municipality level.
The assumptions are shown in the Logical Framework in Annex C. v) How the action will be sustainable after completion.
The sustainability of the programme is guaranteed through the following key project design features: key stakeholders, beneficiary communities and the local government have been involved from the outset in the planning and design of the project and will continue to be actively engaged in implementation throughout. The strategic drive to increase collaborative working and stronger networks between sector stakeholders is a key feature in both integrating project activities within existing initiatives and increasing local capacity to sustain and develop project activities in the long term. This increased capacity and shared ownership helps safeguard sustainability. The approach based on capacity building of government, NSA and communities which gives an important basis for sustainability from the following different perspectives: a. Financial sustainability – it is proven that the urban regularization processes can be self-sustained. Part of the value generated in the process of urban development can be reinvested in the process as was already shown in the Angolan context by DW projects implemented with the support of EU. On the other hand rural communities are not expected to be able to afford the replication or deepen the processes started by this project. Their continuation will be depending on Angolan public or donor funding. However the whole project will contribute to fight poverty (both rural and peri-urban) and improve communities’ financial sustainability. b. Institutional sustainability is expected to be quite high. The project approach involves training and coaching of the professionals from public institutions and their leaderships, since the beginning. All the systems to be mounted with the assistance of this project, will be inside the relevant institutions. In its design the project plans to active contribute to the strengthening of existing institutions with different roles, including the consultation and negotiation with the different interest in society (CACS). c. Policy level sustainability will be based on two components: (1) local government has an incentive to increase the generation of local revenue – titling urban land can be one of the most important sources of regular tax income for local governments if the appropriate model is developed with municipal administrations and (2) the support to regular functioning local councils (CACS) will contribute to more effective social demand on policy makers and local level decision makers. d. Environmental sustainability. Improved land use planning in peri-urban can be an important starting point to address the environmental challenges from informal urban developments. The land used and natural resource management plans that will be facilitated by the project will contribute to long term environmental sustainability.
2013.1 Page 41 of 72 04cbe305acfcfbf0f22e66e5775e4608.doc 2.1.5 LOGICAL FRAMEWORK
The logical framework for the proposed programme is attached in Section 8 of this Annex I and includes objectively verifiable indicators. For each indicator, the sources of verification are indicated. The stated assumptions and risks will be carefully monitored during the implementation of the Action.
2013.1 Page 42 of 72 04cbe305acfcfbf0f22e66e5775e4608.doc 1.2 BUDGET, AMOUNT REQUESTED FROM THE CONTRACTING AUTHORITY AND OTHER EXPECTED SO URCES OF FUNDING
Annex III of the Contract provides the following information: the budget of the action (Annex III a), for the total duration of the action and for its first 12 months; justification of the budget (Annex III b), for the total duration of the action, and amount requested from the Contracting Authority and other expected sources of funding for the action for the total duration (worksheet 3).
2013.1 Page 43 of 72 04cbe305acfcfbf0f22e66e5775e4608.doc 2.3 EXPERIENCES
Applicant’s experience i) For similar actions. Name of the applicant: WV Netherlands Project title: Sector (see Section 3.2.2 of Section 3): Location Cost of the Role in the action: Donors to the Amount Dates (from of the action Coordinator, co- action (name) contribute dd/mm/yyyy action (EUR) applicant, d (by to affiliated entity donor) dd/mm/yyyy) Angola 898,747 Coordinator European Union 674,060 01/04/2012 to 30/03/2015
Objectives and results of Project goal: To support poverty reduction in the context of the action participatory sustainable development in coastal communities of Cabinda. A total of 100,000 people located in 200 communities that will benefit from improved community representation, and partnerships with the Local authorities for better service delivery. The Specific Objective 1: Improve access to basic social services to the general population, including marginalized groups. The Specific Objective 2: To promote dialogue and partnership between Non-State Actors (NSA) and Local Authorities (LA). Expected result 1: Increased efficiency and effectiveness of Non-State Actors in the delivery of basic social services to most vulnerable communities and groups. Expected Result 2: Strengthened capacities of partnership and negotiation of Non State Actors in relation with local authorities and service providers towards a sustainable local development. Expected Result 3: Supported local initiatives, including partnerships and implementing synergies between AL and ANE.
ii) Other actions
2013.1 Page 44 of 72 04cbe305acfcfbf0f22e66e5775e4608.doc Name of the applicant: WV Netherlands Project title: Sector (see Section 3.2.2 of Section 3): Location of Cost of Role in the Donors to Amount Dates (from the action the action action: the action contributed dd/mm/yyyy to (EUR) Coordinator (name) (by donor) dd/mm/yyyy) , co- applicant, affiliated entity Zimbabwe 1,252,356 Coordinator European 1,164,691 01/01/2010 to Union 31/12/2012
Objectives and results of Overall objective: To improve the food security of food insecure the action households in the targeted food insecure wards of, Umzingwane and Bubi districts Specific Objective: The majority of targeted households in Umzingwane and Bubi district demonstrate improved and diversified production and productivity. Expected Result 1: 1,000 households supported and trained to implement conservation farming principles. Expected Result 2: 4,000 smallholder farmer households benefit from improved local availability of quality sorghum and cowpea seed. Expected Result 3: 300 households supported and trained in goat production. Expected Result 4: 290 households supported with rehabilitated water catchments and vegetable and legume production inputs.
2013.1 Page 45 of 72 04cbe305acfcfbf0f22e66e5775e4608.doc Name of the applicant: WV Netherlands Project title: Sector (see Section 3.2.2 of Section 3): Location of Cost of Role in the Donors to Amount Dates (from the action the action action: the action contributed dd/mm/yyyy to (EUR) Coordinator (name) (by donor) dd/mm/yyyy) , co- applicant, affiliated entity Cambodia 1,629,862 Co-applicant European 1,385,382 01/02/2010 to Union 28/02/2014
Objectives and results of Overall objective: To improve the food availability among poorest the action and food-insecure households from their own agriculture and livestock production and from Non-Timber Forest Products (NTFP) and fisheries Specific Objective: 1. To improve the food availability among poorest and food-insecure households from their own agriculture and livestock production and from Non-Timber Forest Products (NTFP) and fisheries 2. To improve the access to food for poorest and food-insecure households by increasing household income and employment opportunities 3. To improve the utilization of food by poorest and food-insecure households for better nutrition and health status, especially among women and children, through appropriate dietary practices and access to basic health services and information. 4. To improve the stability of food supply for poorest and food insecure households through social safety nets and enhanced capacities to cope with risks and shocks Expected Results: Poorest and food insecure households increase the productivity, diversity, and consumption of locally acquired food sources from agriculture, fishery and livestock production Poorest and food insecure households increased their income from off- farm sources, NTFPs, employment or self-employment Young men and women from poorest and food insecure households have improved technical and vocational skills Vulnerable groups, especially women and children from poorest and food insecure households are well nourished and have improved access to good quality health services and information, safe drinking water and sanitation
2013.1 Page 46 of 72 04cbe305acfcfbf0f22e66e5775e4608.doc Name of the applicant: WV Netherlands Project title: Sector (see Section 3.2.2 of Section 3): Location of Cost of Role in the Donors to Amount Dates (from the action the action action: the action contributed dd/mm/yyyy to (EUR) Coordinator (name) (by donor) dd/mm/yyyy) , co- applicant, affiliated entity Tanzania 2,007,725 Coordinator Foreign 1,838,132 01/01/2011 to affairs, 31/12/2012 Dutch government
Objectives and results of Project goal: contributing towards improved livelihood of Congolese the action refugees living in the Nyarugusu camp. Outcome 1: Enhanced capacity of refugees in coping mechanism to sustain their livelihood Outcome 2: Conducive learning and teaching environment to children and youth sustained. Outcome 3: Transformed lives of youth and adolescent while enjoy their rights
Co-applicant(s)'s experience. i) For similar actions
2013.1 Page 47 of 72 04cbe305acfcfbf0f22e66e5775e4608.doc Name of the co-applicant: DEVELOPMENT WORKSHOP 16030 - Housing policy and admin. Management Project title: 31130 - Agricultural Land Resources Promoting Urban Land rights Location of the Cost of the Role in the Donors to the Amount Dates (from action action action: action (name) contributed dd/mm/yyyy to (EUR) Coordinat (by donor) dd/mm/yyyy) or, co- applicant, affiliated entity Huambo Aprox. Coordinator Dutch Aprox. 1/12/2010 to Huambo Embassy 31/3/2013 Bailundo 281.900 281.900 Katchiungo Bié Nharea Benguela Cubal Objectives and results of the Objective 1: Implementation of municipal land cadastres in at least three of action the eleven municipalities in Huambo province and two municipalities in other provinces. Objective 2: To strengthen the land use management capacity of municipal administrations and provincial governments through training modules that focus on participatory planning, cadastre management and land titling. The same training modules will be presented to IFAL with the objective to be included in the training of local administrators. Objective 3: Lobby the project’s approach for urban development and secure tenure with central government and local authorities, through active participation in workshops, trainings, and other relevant activities. Results Achieved: 1. Adapting software 'Open Title ' , feedback to the supplier and installation of an improved version; technical supplier from Bolivia training of the staff of DW as trainers; installation of the software on the computers of the municipalities of Huambo, Cubal Nharea , Bailundo and Cachiungo and delivery of printers and scanners technical units of these municipalities . 2. training on "management of urban land and allotment of land reserves " for all municipalities covered by this project , enabling a total of 71 technicians; designed manuals on " Urban Planning 'Open Title ' and ArcGIS; creation of a partnership with the Center for Capacity Building for Public Officials in Huambo , and IFAL in Luanda , with the participation of members from different municipal administrations in the country. 3. Influenced urbanization policies of the Municipal Administration of Huambo on: Compensation to occupants; Size of lots & Urban planning through joint "Strategy Priority Action in Urban Management Huambo City. Contributed DW’s recommendations on land management to the National meeting of experts on urbanization; September 2011. Published several peer-reviewed papers in professional journals.
Name of the co-applicant: DEVELOPMENT WORKSHOP 16030 - Housing policy and admin. Management Project title: 31130 - Agricultural Land Resources Promoting Urban Land rights
2013.1 Page 48 of 72 04cbe305acfcfbf0f22e66e5775e4608.doc Location Cost of the Role in the Donors to the Amount Dates (from of the action action: action (name) contributed (by dd/mm/yyyy to action (EUR) Coordinator, donor) dd/mm/yyyy) co-applicant, affiliated entity Huambo 306.929 Coordinator European 283.457 1/4/2011 to 30/6/2013 Huambo Union Caála Dutch Ekunha 23.472 Embassy Longonjo Bié Andulo Chinguar Benguela Cubal Objectives and results The project aim was to improve land rights in urban areas through: of the action Municipal urban land cadastres Strengthened capacity of municipal and provincial governmental authorities to manage land Improved access to knowledge about land, through a web page and a land electronic library Results achieved: 1. Software Open Title installed in several municipalities resulted in better cadaster 2. Training material developed and six courses organized on urban management and urban cadastre. Participation in urban forum sessions. 3. 2.180 new issues entered in the online library: www.bibliotecaterra.angonet.org (2.097 visits to the site between August 2012 and April 2013). Issues on land management regularly published in the Ondaka
Name of the co-applicant: DEVELOPMENT WORKSHOP Project title: 15130 Legal and Judiciary Development Incrementally securing tenure in slum upgrading
2013.1 Page 49 of 72 04cbe305acfcfbf0f22e66e5775e4608.doc Location of Cost of Role in the Donors to the Amount Dates (from the action the action: action contributed (by dd/mm/yyyy to action Coordinator, (name)6 donor) dd/mm/yyyy) (EUR) co-applicant, affiliated entity Huambo 160850 Coordinator in FinMark Trust 160850 Rands 1/04/2013 to Municipality Rands Angola (in a 30/08/2013 regional project) Objectives and results Improve access to land to poor people, to improve livelihoods, active of the action citizenship and asset creation. Study to characterize legal and administrative mechanisms to give access to land; Advisory services to incrementally secure tenure Production of study report
Name of the co-applicant: DEVELOPMENT WORKSHOP Project title: Sector (see Section 3.2.2 of Section 3): Huambo Atlas Location Cost of the Role in the Donors to the Amount Dates (from of the action action: action contributed (by dd/mm/yyyy to action (EUR) Coordinator, (name)7 donor) dd/mm/yyyy) co-applicant, affiliated entity Huambo Aprox. Coordinator UNDP / Aprox. 30.700 01/04/2010 to 30.700 ELISA 30/09/2013 Province Objectives and results Publication of a Huambo Atlas for the general public of the action Better knowledge of Huambo geography
ii) Other projects implemented over the last three years:
6 If the donor is the European Union or an EU Member State, please specify the EU budget line, EDF or EU Member State.
7 If the donor is the European Union or an EU Member State, please specify the EU budget line, EDF or EU Member State.
2013.1 Page 50 of 72 04cbe305acfcfbf0f22e66e5775e4608.doc Name of the co-applicant: Development Workshop Angola
Project title: Sector (see Section 3.2.2 of Section 3): Voices of Citizens for 22040 Information technology & communication (ICT) Urban Change 14030 Basic water supply and sanitation 15150 Strengthening civil society Location Cost of the Role in the Donors to the Amount Dates (from of the action action: action (name) contributed (by dd/mm/yyyy to action (EUR) Coordinator, donor) dd/mm/yyyy) co-applicant, affiliated entity Luanda, 4,500,000 Project Leader Bill & Melinda EUR 4,000,000 01/08/2010 to Angola Gates 31/07/2015 Foundation Objectives and results Global Objective: To influence public policy and promote more inclusive municipal of the action planning processes, and equitable access to improved basic services for the poor by 2015. Objective 1 - To influence public policy through the participatory monitoring of the MDG urban poverty indicators Objective 2 – To build an Urban Poverty Network to advocate for improved and equitable access to basic services Objective 3 – To increase sustainable access to potable water through the promotion of community management models to ensure consumer voices are heard Results Achieved: 1. Baseline diagnostic studies carried out and MDG maps produced. Five ACOs trained in monitoring tools in each municipality. Training conducted for municipal administrations in using MDG indicators & mapping. Results of MDG mapping presented at annual Municipal Forums. 2. Organized Municipal Forums on 6 monthly basis. Community media articles or broadcasts covering the Municipal Forum debates. Launch Luanda Urban Poverty Network (LUPN) Meetings of the LUPN held four times per year Monthly and annual media scan monitoring review published. 3. Base-line mapping of water services in the project municipalities. Training of stand post committee staff in maintenance and financial management. Best Practice models of basic service provision tested and validated and implemented at a significant scale.
2013.1 Page 51 of 72 04cbe305acfcfbf0f22e66e5775e4608.doc Name of the co-applicant: Development Workshop Angola Project title: Sector (see Section 3.2.2 of Section 3): 16030 - Housing policy and admin. management Community Lead Infrastructure and Housing 14030 Basic water supply and sanitation Facility (CLIFF) Location Cost of the Role in the Donors to the Amount Dates (from of the action action: action (name) contributed (by dd/mm/yyyy to action (EUR) Coordinator, donor) dd/mm/yyyy) co-applicant, affiliated entity Huambo 5,000,000 Project Leader Homeless EUR 5,000,000 01/01/2011 to Province International 31/12/2015 Angola DFID & SIDA Objectives and results Global Objective: of the action Reduce poverty by increasing the access of slum dwellers to public, private and civil society sector resources for housing and basic services delivery by enabling the urban poor to access greater resources to deliver housing and basic services for slum dwellers through innovative practice and influence on policy.
Objective 1: Adequate and sustainable housing and basic services solutions developed in pilot project site in Huambo. Objective 2: Mobilisation, and leverage of financial (e.g. cost recovery, loan finance, construction contractor investment) and non-financial (e.g. land, basic services) Objective 3: Changes to the policies and practices relate to the delivery of adequate and sustainable housing and basic services for slum dwellers. Objective 4: Knowledge, learning and good practice documented disseminated and used to advocate. Results Achieved: 1. Housing delivery undertaken through affordable serviced land, construction of new houses, and infrastructure development. DWA’s projected delivery for the financial year of 2012 to 2013 is as follows: Number of housing units constructed: 129 Number of household members who benefit from basic service units are 903 2. Leveraged central government funding for road infrastructure. Over the first phase of the project 85% of the capital funding is being recovered. The land is owned by DW leveraged for resource mobilisation & financing. 3. Innovative practices advocated for low income dwellers. In country policies DWA have changed: Reducing minimum plot size required for housing with basic services so it can be affordable to lower income groups. Challenging conventional materials by using and demonstrating alternative technologies (construction materials, energy, water and sanitation), which can increase sustainability and reduce cost to increase affordability. 4. DWA internal capacity strengthened to conduct monitoring and evaluation of urban slum projects. Lessons are captured, documented and disseminated into relevant forums.
2013.1 Page 52 of 72 04cbe305acfcfbf0f22e66e5775e4608.doc 3. THE APPLICANT
EuropeAid ID number NL-2007-DSB-2711379389
Name of the organisation World Vision Nederland
3.1 IDENTITY
Ronnie Hahné The applicant’s contact details for Head of international Programmes the purpose of this action Tel: +31 (33) 464 3458/ +31 33 46 43 450 Fax: +31 (33) 464 3445 Email: [email protected] Legal Entity File number 6000 111 268 Abbreviation WVN
Registration number (or equivalent) 41179943
Date of registration 14-04-1981
Place of registration Amersfoort World Vision Nederland Official address of registration Zonnehof 38 3811 ND Amersfoort Nederland Country of registration/ Nationality The Netherlands
Website and E-mail address of the [email protected] organisation Telephone number: Country code + 31 33 46 43 450 + city code + number + 31 33 46 43 445 Fax number: Country code + city code + number
The Contracting Authority must be notified of any change in addresses, phone numbers, fax numbers and e-mail, in particular. The Contracting Authority will not be held responsible in the event that it cannot contact an applicant.
Where the European Commission is the Contracting Authority: The applicant must enter the information in points 3.2, 3.3 and 3.4 when registering in PADOR, so they need not complete these in the paper application. See also Section 2.2 of the Guidelines for Applicants.
2013.1 Page 53 of 72 04cbe305acfcfbf0f22e66e5775e4608.doc 4. THE CO-APPLICANT(S)
4.1 DESCRIPTION OF THE CO-APPLICANT(S)
This section must be completed for each co-applicant within the meaning of Section 2.1.1 of the Guidelines for Applicants. You must make as many copies of this table as necessary to create entries for each additional co-applicant.
Co-applicant no.1 EuropeAid ID number AO-2007-ECZ-2711608430 Name of the organisation Development Workshop Angola Where the European Commission is the Contracting Authority: All co-applicant(s) must encode the information below under their PADOR registration. See also Section 2.2 of the Guidelines for Applicants. The co-applicant’s contact details Rua Rei Katyavala 113, for the purpose of this action C.P. 3360, Luanda, Angola Legal Entity File number Abbreviation DW
Registration number (or equivalent) No.08/98
Date of registration 15 July 1997
Place of registration Ministry of Justice Official address of registration Ministry of Justice, Gabinete de Auditoria Juridica de Luanda Cidade Alta, Luanda, Angola Country of registration/ Nationality Angola
Website and E-mail address of the http://www.dw.angonet.org/ organisation Telephone number: Country code 244 222 448371 + city code + number Fax number: Country code + city 244 222 449494 code + number Legal status Profit-Making □ Yes x No. NGO x Yes □ No. □ Yes □ No
2013.1 Page 54 of 72 04cbe305acfcfbf0f22e66e5775e4608.doc Value based □ Political □ Religious □ Humanistic □ Neutral □ Yes, parent entity: Is your organisation linked with (please specify its EuropeAid ID:…………………………) another entity? □ Yes, controlled entity(ies) □ Yes, family organisation / network entity8 X No, independent Other relevant resources History of cooperation with the Participated in peace and conflict mitigation programs in the applicant past.
Important: This application form must be accompanied by a signed and dated Mandate from each co-applicant, in accordance with the template provided.
1.2 MANDATE (FOR CO-APPLICANT(S))
The co-applicant(s) authorise the Applicant
Name: Allan Cain Organisation: Development Workshop Angola Position: Director Signature: Date and place: 14 November 2013, Luanda, Angola
8
2013.1 Page 55 of 72 04cbe305acfcfbf0f22e66e5775e4608.doc Co-applicant no.2 EuropeAid ID number CH-2013-BYC-1908410638 Name of the organisation World Vision Switzerland Where the European Commission is the Contracting Authority: All co-applicant(s) must encode the information below under their PADOR registration. See also Section 2.2 of the Guidelines for Applicants. The co-applicant’s contact details Martin Suhr for the purpose of this action Director International Programs Kriesbachstrasse 30 8600 Dübendorf Switzerland ++41 44 510 1570 [email protected] Legal Entity File number Abbreviation WV SWIO
Registration number (or equivalent) CH-020.6.900.664-3
Date of registration 03/11/1982
Place of registration Dübendorf Official address of registration Kriesbachstrasse 30 8600 Dübendorf Switzerland
Country of registration/ Nationality Switzerland/Swiss
Website and E-mail address of the www. worldvision.ch organisation Telephone number: Country code ++41 44 510 1584 + city code + number
Fax number: Country code + city ++41 44 510 1599 code + number
Legal status Association Profit-Making □ Yes x No. NGO x Yes □ No.
2013.1 Page 56 of 72 04cbe305acfcfbf0f22e66e5775e4608.doc □ Yes □ No Value based □ Political x Religious □ Humanistic □ Neutral □ Yes, parent entity: Is your organisation linked with (please specify its EuropeAid ID:…………………………) another entity? □ Yes, controlled entity(ies) □ Yes, family organisation / network entity9 x No, independent Other relevant resources History of cooperation with the Cooperation within the partnership of World Vision applicant International
4.3 MANDATE (FOR CO-APPLICANT(S))
The co-applicant(s) authorise the Applicant World Vision Netherlands to submit on their behalf the present application form for applicant and to sign the standard grant contract (Annex A of the Guidelines for Applicants, "grant contract") with Delegation of the European Union in Angola ("Contracting Authority"), as well as, to be represented by the Applicant in all matters concerning this grant contract. I have read and approved the contents of the proposal submitted to the Contracting Authority. I undertake to comply with the principles of good partnership practice.
Name: Martin Suhr Giovanni Miraglia Organisation: World Vision Switzerland World Vision Switzerland Position: Director International Programs Director Finance & Controlling and IT Signature: Date and place: , Dübendorf , Dübendorf
9
2013.1 Page 57 of 72 04cbe305acfcfbf0f22e66e5775e4608.doc 5. MEMORANDUM OF UNDERSTANDING WITH DEVELOPMENT WORKSHOP
MoU between World Vision International Angola and Development Workshop Angola for the Implementation of the Land Governance Project “Securing Land Tenure and Natural Resource Management for Improved Food Security in Central Angola” – FSTP 2013
Identification
Title Strengthened capacity for improved governance of land tenure and natural resources by local government in partnership with Non State Actors in the Central Highlands of Angola. Total cost EUR 3.529.412
Duration 36 months Aid method / Project approach – delegated partnership Method of between Development Workshop Angola and World implementation Vision international Angola, in support of municipal government administrations and local communities in the Central Highlands region of Angola.
2. GENERAL This Memorandum of Understanding (hereafter referred to as MoU) provides the conditions by which the NGO Development Workshop Angola (hereinafter referred to as DW) and World Vision International Angola (hereinafter referred to as WV) agree to cooperate with regard to implementation of the project “Strengthened capacity for improved governance of land tenure and natural resources by local government in partnership with Non State Actors in the Central Highlands of Angola” and conduct other joint activities within the scope of this agreement.
Development Workshop Angola (DW) is a non-profit organisation working to improve settlements and livelihoods of the poor in less-developed communities. DW has offices in Luanda, Huambo and Cabinda. DW has worked in Angola since 1981, and for many years was the only NGO in the country. Since the end of the civil conflict, DW has been uniquely positioned as a “development organisation” to meet the new needs of transition and re-construction. DW continues to have one of the strongest NGO presences in Angola and currently manages a large number of successful projects in the following sectors: Water and Sanitation, Participative Planning, Micro-finance, Shelter, Peace building and Citizenship, Decentralisation, Monitoring, Research & Strategy, and Land Tenure.
World Vision (WV) is a Christian, humanitarian organization dedicated to working with children, families and their communities worldwide to reach their full potential by tackling the causes of poverty. World Vision International - Angola (WVA) is a member of the World Vision Partnership. It officially started its activities in 1989 and is fully registered10 as a Non-governmental Organization in Angola with main offices in Luanda and Huambo.
This MoU between DW and WV outlines the general agreement between these two organisations, with each organisation being equal in the relationship and retaining its singular identity.
10 Ministry of Foreign Affairs Registration Number: 02AUT.-DGAJCC-MRE/05 of 02 December 2005
2013.1 Page 58 of 72 04cbe305acfcfbf0f22e66e5775e4608.doc The duration of this MoU will be for 36 months, from the date of signature by both parties or for the full duration of the above mentioned project. This MOU is based on mutual respect and a willingness to implement the project in an efficient and effective manner
DW and World Vision will provide each other with access to all relevant documentation and information required to achieve specific and joint project objectives and provide mutual support in pursuit of achieving project objectives.
3. SCOPE The cooperation between the two organizations applies to issues relating to the attached project documents:
Annex A: Technical proposal and contract between the EC and WV Netherlands. Annex B: Budget for the action. Annex C: Logical framework for the Action Annex D: Organization Chart Annex E: Sub-agreement with FAO Angola. Annex F: EC Special and general conditions and rules applicable to the grant. Annex G: Templates for technical and narrative reporting. Annex H: WV Child Protection Policy.
The responsibilities, available resources and areas of implementation are specified in these documents.
4. DETAILED IMPLEMENTATION PLAN AND OPERATIONAL MANAGEMENT The precise activities, responsible persons and timeline for implementation will be defined in a Detailed Implementation Plan (DIP) to be elaborated and agreed by both organizations on an annual basis. The DIP for the first year will be elaborated within 30 days of the start of the project and for subsequent years, within 30 days of the start of each year of implementation.
5. ROLES AND RESPONSIBILITIES
5.1 Roles and Responsibilities of WV 1. Overall managerial responsibility for the project. 2. To make bank transfers to DW on a timely basis in accordance with the approved budget and cash flow analysis for the administration and implementation of the activities laid out in the project proposal, logical framework and detailed implementation plan. The agreed amounts shall be paid in quarterly disbursements (advances) subject upon receipt of satisfactory financial reports for previous disbursed funds and an advance request for the next tranche of funding. 3. World Vision may not be able to make funds available to DW where payment by the EC is delayed due to late reporting. 4. WV is not responsible for ineligible costs made by the partner. In case of ineligible costs the partner has to return the funds allocated (of the ineligible costs) 5. Organize and lead strategic project planning and report writing meetings. 6. Monitor overall project implementation and share current status of performance indicators with DW. 7. Maintain log books for all vehicles funded by and used in support of this program. 8. Share with DW all the results of the program as well as the constraints that are encountered. 9. Implement the project as is described in the approved project document and logical framework and meet the agreed targets.
2013.1 Page 59 of 72 04cbe305acfcfbf0f22e66e5775e4608.doc 10. Produce in a timely manner quarterly project reports (within 30 days of the end of the reporting period) and require staff to provide internal monthly reports. 11. World Vision will have the responsibility of collating all financial and supporting documentation to EC grant standards and will be responsible for the final submission of financial reports to the EC. 12. WV will also be responsible for external audit requirement.
5.2 Roles and Responsibilities of Development Workshop 1. Assume a technical leadership role for the project, particularly in the area of urban and peri-urban land governance. 2. Participate in strategic project planning and report writing meetings. 3. Manage the funding received for the implementation of the project and ensure that procedures laid out in this agreement and the agreed project document are followed to EC grant management standards and the terms and conditions contained in the EC contract with WV Netherlands. 4. The Sub-grantee will in any case respect the provisions of the special conditions, general conditions and rules applicable to procurement procedures annexed to this agreement (see Annex F.) 5. No expenses for presents, gifts, alcoholic beverages or fines may be paid with funds received under this Sub-agreement. 6. All expenses paid with funds received by the Sub-grantee DW under this agreement shall be for approved activities occurring within the period specified in article 6. Costs incurred by the Sub-grantee will be deemed eligible only if they respect relevant provisions of the agreement signed between World Vision Netherlands and the EC. In case of ineligible costs DW agrees to return the funds allocated and used for ineligible costs. 7. Share with World Vision all the results of the program as well as the constraints that are encountered. 8. Participate in all monitoring and evaluation activities of the project. 9. Provide access to World Vision to audit financial records and retain such records for seven years. 10. Implement the project as is described in the approved project document and logical framework and meet the agreed targets. 11. Produce in a timely manner quarterly project reports (within 20 days of the end of the reporting period).
DW agrees and accepts the following financial management procedures:
1. DW will open a separate BFA bank account for this project. DW will also be maintaining separate accounting of all operations and transactions undertaken with the funds received and using them in accordance with generally accepted, applicable accounting and financial principles. 2. Provide an annual cash flow and quarterly financial report to the required EC accounting standards for previous disbursed funds and an advance request for the next tranche of funding. 3. The sub grantee DW may not exceed expenditure for any approved budget item by more than 10% without prior written authorization from World Vision even if the overrun bears no effect on total annual budget. This does not apply for the administrative line items, which cannot be exceeded. 4. All expenses paid with funds received by DW under this agreement shall be for approved activities occurring within the period specified above in article 6. Costs incurred by the Sub-grantee will be deemed eligible only if they respect relevant provisions of the agreement signed between World Vision Netherlands and the EC. 5. The following costs shall not be considered eligible as stipulated under the EC’s general conditions governing these funds: debts and provisions for losses and debts; interest owed; items already financed in another framework; purchase of land or buildings except in cases where prior approval from the donor has been sought; currency exchange losses and
2013.1 Page 60 of 72 04cbe305acfcfbf0f22e66e5775e4608.doc credits to third party. No expenses for presents, gifts, alcoholic beverages or fines may be paid with funds received under this Sub-agreement. 6. Maintaining accounting books and records that properly record and support utilization of funds in accordance with the approved budget. 7. Providing to World Vision, upon reasonable notice, access to the books and records of DW including on-site visits to DW field offices to verify representations in the financial reports. 8. DW undertakes to return to World Vision at the conclusion of the project all unused funds as well as amounts determined by World Vision as not allowable expenses under the terms and conditions of this agreement. 9. In the event that DW deposits the funds for the program activities into a bank account that yields interest, the amount of such interest earned shall at the conclusion of every year during the effective period of the sub-grant agreement be declared to World Vision who shall advise on how to use such earned interest. 10. DW will keep accounting records, reports and all the documentation related to the activity covered by this agreement for a period of seven years after the delivery of the project’s last financial report. Retention of these records is considered appropriate in the event of any post-agreement audit by World Vision or any representative of EC. 11. If at any time during the life of the Agreement, or as a result of the audit, it is determined by World Vision or EC that funds provided under this Agreement have been expended in breach of the terms and conditions of this Agreement, the Sub-grantee shall refund such amount to World Vision. Upon the written request for refund from World Vision, Sub- grantee shall promptly pay such required amount to World Vision. In the event that a final audit has not been performed prior to the closeout of this grant, World Vision retains the refund right until all claims which may result from the final audit have been resolved between World Vision and Sub-grantee. 12. No project assets may be disposed of without prior specific reference to World Vision. Project inventory must be maintained and disclosed to World Vision upon request and at project end. 13. World Vision is required to transfer equipment, vehicles and remaining supplies at the end of the project to any local partners or the final beneficiaries of the grant. Copies of the title transfers must be attached to the final report to the World Vision. World Vision will agree with EC on the transfer modalities and inform DW about these transfers.
5.3 Joint Roles and Responsibilities 1. Jointly coordinate project activities to ensure synergies and avoid duplication. 2. Jointly establish project implementation work plans, strategies and modalities. 3. Collaborate fully to ensure the success of the project. 4. Both DW and WV will have their own finance and administrative support structures in Huambo and Luanda. 5. WV is not responsible for ineligible costs made by DW. In case of any ineligible costs DW will have to refund WV for the full amount of ineligible costs. 6. Bothorganizations will together, conduct events and produce publications to give visibility to the lessons and progress achieved by the project. 7. World Vision will not be held liable for any losses incurred through exchange fluctuations nor will it benefit from exchange gains under any circumstances. 8. Both partners will participate in the following formal committees:
An Operations Management Committee comprised of Operations Director, Technical Managers, Coordinators, Finance Directors, M&E Officer and other staff on an as required basis will have monthly meetings in Huambo to review project progress, share information and integrate plans for the forthcoming month.
A Steering Committee will be composed of an EC representative, FAO representative (1), MAT representatives at the national (1) and provincial level (2), Ministry of Agriculture/IDA representatives at the national (1) and provincial level (2) and the Operations Directors and
2013.1 Page 61 of 72 04cbe305acfcfbf0f22e66e5775e4608.doc Technical Managers of DW and WV. Other key stakeholders may be invited to attend on an as needed or part time basis. The Steering Committee will meet on an annual basis in Huambo to provide ongoing strategic direction to the project – reviewing past results and guiding the elaboration of an annual detailed implementation plan for the forthcoming year.
6. PERIOD OF AGREEMENT The period of this agreement shall be from the effective start date (signature of agreement and availability of funds) for a period of three years, unless amended in writing by the mutual agreement of the parties to this agreement and the EC. All expenditures must be incurred only for authorized activities that commence or take place during the period of this agreement. DW will not make any representation, explicit or implied, as to further participation in the activities funded under this grant beyond the end date of the project.
7. REPORTING DW will submit quarterly technical narrative reports and summary financial reports detailed by project results according to the standard reporting template supplied by the EC. The financial reports will need to be accompanied by scanned copies of all the invoices, vouchers, payroll and bank statements. In addition to submitting quarterly reports, DW will also submit detailed quarterly financial reports for the duration of this agreement as detailed in 6. DW shall submit a consolidated quarterly financial report of expenses incurred during the three month period and a forecast budget for the succeeding quarter. Interim payments can only be claimed when 70% of previous payment has been spent.
Within 15 days of the end of each quarter, the Sub-grantee DW shall prepare and submit interim technical narrative to World Vision Angola. At project end and within 30 days, DW shall submit a final technical narrative report and a detailed financial report. A fully reconciled transaction list will be attached to the final financial report.
8. REQUIRED AUDITS World Vision Angola’s Finance department or appointed external audit firm will conduct a financial audit prior to, or at the end of the project as deemed necessary. Not meeting audit requirements or not taking action on the recommendations of the audit reports, could lead to termination of this agreement.
9. CONFIDENTIALITY Both parties to this agreement shall undertake to preserve confidentiality of any document, information or material related to the discharge of the project actions communicated to them in confidence unless with mutual written agreement.
10. INTELLECTUAL PROPERTY Any intellectual property (including, but not limited to, patents, trademarks, brand names and copyrights, franchise rights, rights to data, and other rights) owned by a party prior to the effective date and use in the implementation of activities governed by this Agreement, or developed by a party pursuant to an activity not governed by this Agreement will remain the sole property of that party. For any intellectual property as described above created or developed subsequent to such date under this Agreement, the parties to this Agreement shall have co-ownership rights in such intellectual property, unless otherwise expressly agreed by the parties.
11. VISIBILITY Unless otherwise stated, World Vision and DW undertake to publicise in all materials produced within the scope of this and all following sub agreements, conference, seminars, National events, brochures, pamphlets, posters reports and as described in Section 2.1.2 x) of Annex A, that EC has financed or
2013.1 Page 62 of 72 04cbe305acfcfbf0f22e66e5775e4608.doc co-financed such an action. Unless agreed otherwise the publication must include the following statement: “This (name of event or description of document) has been produced with the financial assistance of The European Commission Development Fund. The contents of this document are the sole responsibility of World Vision International Angola and its partner Development Workshop and can under no circumstances be regarded as reflecting the position of the EC).
Any materials intended for publication using the resources provided under this agreement shall be published in agreement between Development Workshop and World Vision.
Any communication to the press or media regarding the program that is the subject of this agreement shall be made only following the prior agreement pf both partners.
12. FORCE MAJEURE Force majeure shall mean any unforeseeable exceptional situation or event beyond the parties’ control which prevents either of them from fulfilling any of their contractual obligations, is not attributable to error or negligence on their part (or the part of their contractors, agents or employees), and proves insurmountable in spite of all due diligence.
Defects in equipment or material or delays in making them available, labour disputes, strikes or financial difficulties cannot be invoked as force majeure. A Party shall not be held in breach of its contractual obligations if it is prevented from fulfilling them by force majeure.
Without prejudice, the Party faced with force majeure shall inform the other Party without delay, stating the nature, probable duration and foreseeable effects of the problem, and take any measure to minimise possible damage.
13. LIABILITIES AND THIRD PARTIES
13.1 Assumption of Liability/Indemnification The Sub grantee DW assumes all liability for all loss, damage, cost and expense arising out of or in any way connected with the operation or performance of, or the failure to perform, any duty, obligation, or activity on the part of the Sub grantee, its subcontractor(s), agent(s), or employee(s) in connection with this Agreement. The Sub grantee DW further agrees to defend, indemnify and hold harmless World Vision, their officers, agents, employees and such entities from all loss, damage, cost and expense, including all reasonable attorneys' fees, arising from or in any way connected with the operation or performance of, or failure to perform, any duty, obligation, or activity on the part of the Sub grantee, its subcontractor(s), agent(s), or employee(s) in connection with this Agreement. The Sub Grantee DW is also fully responsible for any staffing issues that may occur during the life of the project.
13.2 No Liability for Third Party Claims. Neither World Vision nor the donor assumes liability for any third party claims for damages arising out of this Agreement.
13.3 Sub grants and Subcontracts The Sub grantee shall not subgrant or subcontract any portion of its performance hereunder without the prior written consent of World Vision. Notwithstanding the foregoing, Sub grantee may enter into contracts with vendors and service providers as required to conduct its normal operations and on customary business terms without the consent of World Vision.
14. OTHER UNDERTAKINGS AND OBLIGATIONS World Vision will communicate to DW in writing and in a timely manner any facts and circumstances that might warrant a revision in any of the terms and conditions of this sub-agreement. Such
2013.1 Page 63 of 72 04cbe305acfcfbf0f22e66e5775e4608.doc communication may include changes in the cooperative agreement between World Vision and EC which affect our ability to meet the obligations under this sub-agreement.
15. DISPUTE RESOLUTION If there is any dispute concerning the performance of this Agreement that cannot be settled by negotiation, such dispute shall be settled by arbitration under the rules and auspices of the Angolan Court of Law and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitration shall be conducted in Angola or in such other location mutually agreed to by the parties, and shall be conducted in the Portuguese language. If a judicial proceeding is brought by either party to resolve a dispute that is subject to arbitration hereunder, or to challenge an arbitral award rendered hereunder, the defendant in that proceeding, if it prevails, shall be awarded its costs and reasonable attorney fees, including costs and fees on any subsequent appeal. If a party fails to comply with an arbitral award duly rendered hereunder, and forces the other party to seek enforcement of the award in a court of law, the plaintiff in that proceeding, if it prevails, shall be awarded its costs and reasonable attorney fees, including costs and fees on any subsequent appeal.
16. GOVERNING LAW This Agreement shall be governed by the laws of the Republic of Angola.
17. ATTACHMENTS The following attachments are incorporated in this agreement and form part of it: Annex A: Technical proposal and contract between the EC and WV Netherlands. Annex B: Budget for the action. Annex C: Logical framework for the Action Annex D: Organization Chart Annex E: Sub-agreement with FAO Angola. Annex F: EC Special and general conditions and rules applicable to the grant. Annex G: Templates for technical and narrative reporting. Annex H: WV Child Protection Policy.
In the event of any inconsistency, the clauses of the EC contract with WV Netherlands shall prevail over those cited in this sub grantee Agreement.
18. EFFECTIVE DATE
This sub grantee Agreement shall become effective after signature by Grantor and the sub-grantee.
For Sub-Grantor: World Vision International Angola
Name: Signature: ______Position: Country Director Date: ______
For Sub-Grantee: Development Workshop
Name: Allan Cain Signature: ______Position: Executive Director
2013.1 Page 64 of 72 04cbe305acfcfbf0f22e66e5775e4608.doc Date: ______
6. TERMS OF REFERENCE THIRD-PARTY SUB-GRANT TO FAO
“World Vision/Development Workshop EC Land Governance Project Start up Support” ANGOLA/LAND/001/2014
Provision of funds from:
the World Vision/Development Workshop EC Land Governance Project “Strengthened capacity for improved governance of land tenure and natural resources by local government in partnership with Non State Actors in the Central Highlands of Angola”
to;
the Food and Agriculture Organization of the United Nations
1. Introduction In general terms the project recognizes FAO´s valuable international experience and expertise in this area. FAO in Angola has implemented for more than ten years a “Land Program” to promote recognition of communities’ land rights as well as better land management, in a natural resources management perspective. The project undertook studies on Land and Natural Resources Management in locations of the Central Highlands and it is important to follow up on these findings. Delimitations of community land were concluded in several communities and some titles were issued by the authorities. To follow up these processes is also valuable. FAO land project in the province of Bié also promoted coordination with other actors such as CODESPA and the Angolan Red Cross. To continue and expand the coordination efforts will be one of the aims of World Vision in the implementation of this project. The expertise of FAO in designing the initial stages in a way that maximizes the support of promising processes started or underway is strategic for the project startup phase. The project would like to build on the results achieved over ten years by the FAO “Projecto Terra” and, in particular, use the reference material, guidelines produced and lessons learned to scale up activities to the municipality and community levels.
2. Purpose
The overall objective of this agreement is :
the integration of the DW/WV Land Governance Project into FAOs TERRA project including the various institutions of the Provincial Government of Bié, relevant municipality administrations and civil society organizations working in the area of land administration and management.
In this context DW/WV would like to request the following specific areas of FAO input, in addition to general collaboration and information sharing at the national and regional levels.
2013.1 Page 65 of 72 04cbe305acfcfbf0f22e66e5775e4608.doc On-going support to the project with information and advice on technical issues.
Strong advocacy and support for project objectives by direct interaction with the GoA, particu- larly with MINAGRI11 and MINUH12 at the national and provincial levels.
Collaboration in terms of international and national conferences and seminars that deal with land tenure issues.
2.1 Responsabilities of World Vision
World Vision (hereinafter referred to as "WV") on behalf of the Development Workshop/World Vision land governance project and will make available to The Food and Agriculture Organization of the United Nations (Angola) (hereinafter referred to as "FAO"), a financial contribution in the amount of EUR 60,000.00 (Sixty thousand EUR), for support in the implementation of the DW/WV EC Land Governance Project “Strengthened capacity for improved governance of land tenure and natural resources by local government in partnership with Non State Actors in the Central Highlands of Angola”.
The activities for which the funds provided by WV under this Agreement shall be used by FAO are detailed below under Section 2.2.
2.2 Responsabilities of FAO
Conduct a one day launch workshop in Kuito (each with 100 participants) for the training of key project staff and stakeholders from participating NSA and LA in land tenure with emphasis on the protection of community rights.
Participate in World Vision team meetings to support the development of a detailed implementation plan that will include specific targets relating to the activities contained in this agreement, during the duration of this agreement.
Present the WV and/or DW project representatives (as appropriate) to all of FAO´s government and social society partners at the provincial and national level.
Convene, organize and establish mechanisms for the realization of a public event on land governance for the presentation of the DW/WV project in Bié as part of the integration of the strategy to support provincial institutions in the area of land administration and management.
Integration of the DW/WV project into the “Comité de Acompanhamento e Avaliação do Projecto TERRA na Província do Bié” (Despacho 4039/2011)
Ongoing support and technical assistance for the activities of the DW/WV land governance project.
Make available to DW and WV all of the relevant documents produced by the FAO project TERRA for their use (lei de Terras/regulamento/ Manual de Delimitação/ Diagnósticos de Sistemas Agrários e outos estudos e materiais).
Provide training and orientation for WV staff in the province of Bié and on issues relating to the administration and management of land.
11 Ministry of Agriculture 12 Ministry of Urbanism and Housing
2013.1 Page 66 of 72 04cbe305acfcfbf0f22e66e5775e4608.doc Ensure that the DW/WV land governance project builds on the success and existing collaborative resources of the FAO project TERRA.
Support WV in the establishment of office space at strategic locations, preferably within relevant public institutions in the city of kuito.
7. CONTRIBUTION AGREEMENT FOR SERVICES TO BE RENDERED BY FAO Contribution Agreement between the Food and Agriculture Organization of the United Nations and World Vision/Development Workshop EC Land Governance Project “Strengthened capacity for improved governance of land tenure and natural resources by local government in partnership with Non State Actors in the Central Highlands of Angola” (hereinafter referred to as the Parties)
Whereas the Food and Agriculture Organization of the United Nations (hereinafter referred to as FAO) is an Intergovernmental Organization with its Headquarters in Viale delle Terme di Caracalla, 00100 Rome (Italy); Whereas World Vision International Angola (hereinafter referred to as “WV” or “the Donor”), is a Non governamental organization located at Rua Dr Aires de Menezes Nº24, Maianga, Luanda, Republic of Angola and is fully registered as a Non-governmental Organization in Angola; Whereas FAO and the Donor concluded an MoU on 17 November 2011 to layout terms and conditions for collaboration between the Parties to develop, promote and strengthen joint actions and projects for the furtherance and promotion of food security environments in households and communities around the world that are characterized by poverty and vulnerability. Whereas the Donor is implementing the project “Strengthened capacity for improved governance of land tenure and natural resources by local government in partnership with Non State Actors in the Central Highlands of Angola” and wishes FAO to implement part of the activities as contemplated in the annexed document (Annex Terms of Reference of “World Vision EC Land Governance Project Start up Support”) Whereas the Donor is acting in its own name; Now therefore,
FAO and the Donor agree as follows:
Article 1. Financial procedures 1.1 The Donor undertakes, as provided in this Agreement, to contribute to FAO an amount of 60,000.00 EUR (Sixty thousand) for the purpose of supporting the organization of the Project “World Vision EC Land Governance Project Start up Support”.
2013.1 Page 67 of 72 04cbe305acfcfbf0f22e66e5775e4608.doc 1.2 The above amount will be used exclusively for the organization of the Project, and shall be deposited with FAO as Funds-in-Trust. The sum stipulated in paragraph above represents the full amount to be paid by WV for all services and activities to be provided by FAO under this Agreement.
1.3 The Donor’s contributions shall be administered and accounted for in accordance with the financial rules and regulations of FAO. Any costs incurred by FAO in connection with the Project will be chargeable to the Trust Fund, it being understood that FAO will not incur any financial liabilities in excess of the amounts actually received.
1.4. All expenses paid with funds received by FAO under this Agreement shall be used for approved activities occurring within the duration of this Agreement as stipulated in Article 11.2. Costs incurred by FAO will be deemed eligible if they are used exclusively in direct support of this Agreement and the agreed attached Terms of Reference (Annex 1) and agreed budget (Annex 2).
1.5 The Donor, upon signature of this Agreement, shall make a contribution of 60,000.00 EUR. The remittances should be made to the following bank account:
Account Name: FAO Trust Fund (EUR) – Bank Name: HSBC Bank, Plc, 8 Canada Square, London, United Kingdom, E14 5HQ Swift/BIC: MIDLGB22 Account No.: 67115083 IBAN: GB04MIDL40051567115083
Such remittances shall bear the indication that the deposit is for Project (codeXXXX) “World Vision/Development Workshop EC Land Governance Project Start up Support”
1.6 All financial accounts and statements shall be expressed in Euros and shall be subject exclusively to the internal and external auditing procedures laid down in the Financial Regulations, Rules and Directives of FAO.
1.7 Any interest income attributable to the contribution shall, following consultation with the Donor, be credited to the FAO account and the budget will be revised, in accordance with established FAO procedures, to allow for use of the interest for the benefit of the Project.
1.8 Experts will be recruited by FAO in accordance with FAO rules and regulations applicable to FAO personnel. They will be directly responsible to FAO for the conduct of their duties.
1.9 Funds provided by WV under this Agreement are to be used by FAO exclusively in support of the project. All material, equipment and supplies purchased by FAO will be used exclusively for the execution of the Project and shall be purchased, utilized and disposed of in accordance with FAO's rules and administrative practices.
Article 2. General rules 2.1 Responsibility for the execution of the Project shall rest with FAO and any organizations, companies or persons designated by FAO for such purpose. The Donor shall not be responsible for these arrangements or for the ultimate execution of the Project.
2.2 FAO shall not delegate and/or subcontract its responsibilities for the whole or any part of the Project.
2.2 Reporting
a) FAO shall submit to the coordinator of the WV Project in Angola a mid term progress and financial reports no later than 30 days after the reporting period in question.
2013.1 Page 68 of 72 04cbe305acfcfbf0f22e66e5775e4608.doc b) FAO shall submit to the coordinator of the WV project in Angola a final technical narrative report no later than 30 days after the reporting period in question.
c) FAO shall submit to the WV Director of Finance in Angola a final statement of accounts showing the utilization of funds as determined under this Agreement within 3 (three) months following the completion of the project.
d) The Financial reports will follow agreed EC format and will be reported in accordance with FAO’s existing framework arrangement with the EC.
e) FAO shall specify in the final financial report the amount of any surplus balance in the holding currency it used together with the estimated amount in Euro and where the exchange rate of can be consulted on the report. This surplus in holding currency used by FAO in its accounts will be converted into Euro using the rate of exchange of the organisation in force on the day when the refund of the unspent balance is paid.
e) Line item flexibility is maximum 10% for each line item.
Article 3. FAO’s rules 3.1. The obligations of FAO are contingent upon the receipt of necessary funds from the Donor in accordance with this Agreement.
3.2. The obligations of FAO and the Donor under this Agreement are subject to the constitutional, financial and budgetary rules of FAO and to any decision of the FAO Conference. FAO is also required to abide by the terms of this Agreement
Article 4. Fulfilment of Activities Fulfilment of the operational responsibilities of individual project activities as set forth in this Agreement shall be subject to the availability of resources.
Article 5. Use of logos The Parties agree not to use in any press release, memo, report or other published disclosure related to this Agreement any of the other Parties’ name and logo without prior written agreement by the party concerned.
Article 6. Confidentiality 6.1 Neither of the Parties nor its personnel shall communicate to any other person or entity any confidential information shall made known to it by the other Party (Parties) in the course of the implementation of this Agreement nor shall it use this information to private or company advantage. This provision shall survive the expiration or termination of this Agreement.
6.2 Each Party will keep the negotiations and the contents of this Agreement confidential, unless the other Party has given its prior written permission for disclosure.
Article 7. Intellectual property rights 7.1 Intellectual property rights, in particular copyright of material such as statistical information, software and maps, made available by FAO or the Donor to be used to carry out the activities under this Agreement, shall remain with the originating Party, which grants the other Party the right to use them for the specific purposes and only under the conditions stipulated in this Agreement, unless separately negotiated and agreed.
7.2 Intellectual property rights, in particular copyright, in the work to be performed under this Agreement shall be vested in FAO, including without limitations the right to use, publish, translate, sell or distribute, privately or publicly, any item or part of thereof.
Article 8. Applicable law
2013.1 Page 69 of 72 04cbe305acfcfbf0f22e66e5775e4608.doc This agreement and any Annex, document or arrangement relating hereto shall be governed by general principles of law to the exclusion of any single national system of law.
Article 9. Privileges and immunities Nothing in this Agreement or in any Annex or document or arrangement relating thereto, shall be construed as constituting a waiver of privileges or immunities of FAO, nor as conferring any privileges or immunities of FAO to the Donor or to its personnel.
The personnel assigned by FAO to the organization and running of the project shall not be considered as staff members of WV and shall not be entitled to any privilege, immunity, compensation or reimbursement by WV. Neither FAO nor its personnel shall be allowed to incur any commitment or expense on behalf of WV.
Article 10. Settlement of disputes 10.1 Any dispute between the Parties concerning the interpretation and the execution of this Agreement, or any Annex, document or arrangement relating thereto, shall be settled by negotiation between the Parties. If the dispute is not settled by negotiation between the Parties or by another agreed mode of settlement, it shall, at the request of either Party, be submitted to one conciliator. Should the Parties fail to reach agreement on the name of a sole conciliator, each Party shall appoint one conciliator. The conciliation shall be carried out in accordance with the Conciliation Rules of the United Nations Commission on International Trade Law, as at present in force.
10.2. Any dispute between the Parties that is unresolved after conciliation shall, at the request of either Party be settled by arbitration in accordance with the Arbitration Rules of the United Nations Commission on International Trade Law, as at present in force. The arbitral tribunal shall have no authority to award punitive damages.
10.3 The Parties may request conciliation during the execution of this Agreement and anyway not later than twelve months after the expiry or the termination of this Agreement. The Parties may request arbitration not later than ninety days after the termination of the conciliation proceedings.
10.4 Any arbitration award rendered in accordance with the provisions of this Article shall be final and binding on the Parties. No arbitral tribunal shall have authority to award punitive damages.
10.5 The conciliation or the arbitration proceedings shall be conducted in English.
Article 11. Amendments; Entry into force; Termination 11.1 This Agreement may be modified by the written mutual consent of the Parties, in accordance with their respective rules and regulations.
11.2 This Agreement shall enter into force on the date of its signature by the duly authorized representatives of the Parties and will end with the conclusion of the project
11.3 This Agreement may be terminated by either Party upon one- month written notice given to the other Party. In that event, the Parties will agree on measures required for the orderly conclusion of ongoing activities.
11.4 In the event of FAO non-compliance or partial compliance with the terms of this Agreement, it will refund to WV any payment already received in respect of activities that have not been performed by FAO.
11.5 In the event of termination by WV for unforeseen causes beyond its control, WV shall complete all payments which may be due up to the effective date of termination.
IN WITNESS WHEREOF, the duly authorized representatives of the Parties affix their signatures below to the two originals of this Agreement in the English language.
2013.1 Page 70 of 72 04cbe305acfcfbf0f22e66e5775e4608.doc For World Vision International -Angola For the Food and Agriculture Organization of the United Nations
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Name: Name:
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2013.1 Page 71 of 72 04cbe305acfcfbf0f22e66e5775e4608.doc 8. LOGICAL FRAMEWORK FOR THE ACTION
2013.1 Page 72 of 72 04cbe305acfcfbf0f22e66e5775e4608.doc