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Resettlement Policy Framework

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Resettlement Policy Framework SFG2031 Public Disclosure Authorized REPÚBLICA DE MOÇAMBIQUE MINISTÉRIO DA TERRA, AMBIENTE E DESENVOLVIMENTO RURAL (MITADER) Public Disclosure Authorized Agriculture and Natural Resource Landscape Management Project (PROJECT -- P149620) Public Disclosure Authorized RESETTLEMENT POLICY FRAMEWORK Final Draft Report Public Disclosure Authorized Maputo, April 2016 0 LIST OF ACRONYMS ANE National Roads Administration ANRLMP Agriculture and Natural Resources Landscape Management Project CBNRM Community-Based Natural Resource Management CESMP Contractor’s Environmental and Social Management Plan DA District Administration DCC District Consultative Council DLA Department of Environmental Licensing DNA National Directorate of Environment DNA National Directorate for Water DNE National Directorate for Energy DNOTR National Directorate of Land Planning and Resettlement DPASA Provincial Directorate of Agriculture and Food Security DPOPHRH Provincial Directorate of Public Works, Housing and Water Resources EA Environmental Assessment EDM Electricidade de Moçambique/Electricity Company EIA Environmental Impact Assessment EMP Environmental Management Plan ESIA Environmental and Social Impact Assessment ESMF Environmental and Social Management Framework ESMP Environmental and Social Management Plan FAO Food and Agriculture Organization GDP Gross Domestic Product GOM Government of Mozambique IDA International Development Association IDCF Innovation and Demonstration Catalytic Fund MEF Ministry of Economics and Finance MDP Municipal Development Project MICOA Ministry for the Coordination of Environmental Affairs MASA Ministry of Agriculture and Food Security MISAU Ministry of Health MITADER Ministry of Land, Environment and Rural Development MOPHRH Ministry of Public Works, Housing and Water Resources MSME Micro Small and Medium Enterprises MZM Mozambique Metical (national currency) NCSD National Commission for Sustainable Development NEMP National Environmental Management Program NGO Non-Governmental Organization PARPA Action Plan for the Reduction of Absolute Poverty PEDSA Strategic Plan for Agricultural Development PCU Project Coordination Unit PDD District Development Plans (Plano Distrital de Desenvolvimento) PDPF Provincial Directorate of Planning and Finance PDUT District Land Use Plan PEPA Environmental Quality Standards of Mozambique Projects PLPP Provincial level project personnel (with monitoring responsibilities) PNI National Irrigation Program PNISA National Agriculture Investment Plan PP Urban Detailed Plan/Plano de Pormenor PPP Public Private Partnership PPU Provincial Project Unit PPU Partial Urban Plan/Plano Parcial de Urbanização i PRS Poverty Reduction Strategy RAP Resettlement Action Plan RPF Resettlement Policy Framework SDAE District Services of Economic Activities SDMAS District Services of Women, Social Affairs and Health SDPI District Services of Planning and Infrastructure TOR Terms of Reference UCA Coordination and Support Unit UNDP United Nations Development Program USD United States of America Dollar WB World Bank WHO World Health Organization ZVDA Zambezi Valley Development Agency ii TABLE OF CONTENTS 0 LIST OF ACRONYMS I TABLE OF CONTENTS III TERMS AND DEFINITIONS VI EXECUTIVE SUMMARY IX SUMÁRIO EXECUTIVO XVIII 1 INTRODUCTION 1 2 PROJECT DESCRIPTION 4 2.1 Project Development Objectives and Principles 4 2.2 Project Components 4 2.3 Anticipated sub-Project types under the Project 8 2.4 Sub-project activities ineligible for funding 8 3 PROJECT IMPLEMENTATION ARRANGEMENTS 9 3.1 Interventions with Potential for Land Acquisition 9 3.2 Environmental and Social Safeguard Instruments and Implementation 13 4 DEVELOPMENT CONTEXT IN MOZAMBIQUE AND THE PROJECT AREA 15 4.1 General Country Development Context and Project Relevance 15 4.1.1 General Context 15 4.1.2 The Agriculture Sector 16 4.1.3 The Need for Land Acquisition 18 5 ANRLMP TARGETED AREAS 19 5.1 Project Location 19 5.2 Socio-economic Situation 20 5.2.1 Other Development Programs/Projects in the Project Area 23 5.2.2 Land Use Plans 25 6 POTENTIAL IMPACTS OF THE PROJECT 26 iii 7 PRINCIPLES AND OBJECTIVES UNDERPINNING THIS RESETTLEMENT POLICY FRAMEWORK 33 8 THE SOCIAL SCREENING PROCESS 37 9 PREPARATION REVIEW AND APPROVAL OF RESETTLEMENT ACTION PLANS (RAP) 40 9.1 General Considerations 44 9.2 Public Consultation and Participation 44 9.3 Approval and Public Disclosure of the site specific RAPs 45 10 LEGAL FRAMEWORK 46 10.1 Relevant Mozambican Laws and Regulations 46 10.2 World Bank Policy Requirements 54 10.3 Gaps Between Local Laws and WB’s Policy 56 11 METHOD FOR VALUATION AND COMPENSATION FOR LOSSES 62 12 ELIGIBILITY CRITERIA AND PRACTICAL ASPECTS OF RAP PREPARATION AND IMPLEMENTATION 65 13 INSTITUTIONAL FRAMEWORK 79 14 INSTITUTIONAL STRENGTHENING AND CAPACITY BUILDING 82 14.1 Institutional Capacity Assessment and Analysis 82 14.2 Proposed Training and Awareness Programs 83 15 COMMUNITY PARTICIPATION AND STAKEHOLDER INVOLVEMENT IN PLANNING, IMPLEMENTATION, AND MONITORING 85 16 GRIEVANCE REDRESS MECHANISM/PROCEDURES 88 17 MONITORING AND EVALUATION ARRANGEMENTS 92 18 ARRANGEMENTS FOR RESETTLEMENT FUNDING AND ESTIMATED RPF BUDGET 100 REFERENCES 102 iv List of Figures Figure 1: A typical vegetable garden in the project area in the margins of a River (Lurio River in Lalaue) ................................................................................................... 10 Figure 2: A typical rural road and bridge in the project area (Ribaue district) .............. 11 Figure 3: Cotton selling point along a feeder road in the project area (Lalaua district). 11 Figure 4: The two provinces and districts defining the project area ............................. 19 Figure 5: The Project districts in Nampula province .................................................... 20 Figure 6: The Project districts in Zambezia province ................................................... 20 Figure 7: Areas of operation of Lurio Green Resources .............................................. 24 Figure 8: Preliminary demarcation of PROSAVANA (March 2010) .............................. 25 Figure 9: The ESIA and RAP processes in Mozambique for the project ...................... 41 Figure 10: Grievance Redress Process ...................................................................... 90 List of Tables Table 1: Sectoral responsibilities in project management and subproject development ............................................................................................................................ 13 Table 2: Distribution of population in the project area (INE, 2007) .............................. 21 Table 3: Project interventions, potential resettlement implications and expected magnitude ........................................................................................................... 27 Table 4: Roles and responsibilities in implementing ESMF/RPF and preparing ESIA/ESMP/RAP ................................................................................................ 43 Table 5: Summary of national applicable laws and regulations under resettlement ..... 47 Table 6: Comparison of Mozambican Law World Bank OP4.12 regarding compensation ............................................................................................................................ 59 Table 7: Entitlement Matrix (Summary) ....................................................................... 70 Table 8: Institutional roles and responsibilities ............................................................ 80 Table 9: Monitoring and evaluation of resettlement performance indicators ................ 95 Table 10: Estimated budget and items ...................................................................... 100 List of Annexes Annex 1: Current status of preparation of PDUT (district land use plans) in the two provinces .............................................................................................................. B Annex 2: Project Screening Form ................................................................................. A Annex 3: Preliminary Environmental Information Sheet ............................................... C Annex 4. Guidelines for Site Specific RAPs ................................................................. F Annex 5. Outline of a Resettlement Action Plan (RAP) ................................................. J Annex 6: Template of the Household Questionnaire ..................................................... L Annex 7: Summary of Main Issues from the Public Participation/Consultation Process X Annex 8: Procedures for Chance Find of Physical Cultural Resources ...................... SS Annex 9: List of Contacts ............................................................................................ TT v TERMS AND DEFINITIONS Census means any field survey carried out to identify and determine the number of Project Affected Persons (PAP) and their assets; in accordance with the procedures, satisfactory to the National legislation and WBG’s Safeguard Policies. The meaning of the word shall also embrace the criteria for eligibility for compensation, resettlement and other measures, emanating from consultations with affected communities and the Local Leaders. Compensation is the payment in cash, and jobs, houses, in kind, land and conservation measures, or other assets given in exchange for the taking of land including fixed assets thereon, in part or whole depending on the context, the nature of the right or use or occupancy, the type of
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