(MITADER) Mozland LAND ADMINISTRATION PROJECT INTERVENTIONS

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Public Disclosure Authorized MINISTRY OF LAND, ENVIRONMENTAL AND RURAL DEVELOPMENT (MITADER)

MozLand

LAND ADMINISTRATION PROJECT INTERVENTIONS Public Disclosure Authorized (LAPI)

ENVIRONMENTAL AND SOCIAL MANAGEMENT Public Disclosure Authorized FRAMEWORK (ESMF)

Public Disclosure Authorized

September 2018

Draft report ESMF for Mozland

SUMÁRIO EXECUTIVO

Contextualização

Moçambique teve progressos significativos nos últimos vinte anos na melhoria do acesso seguro à terra para todos os cidadãos, em particular através do fortalecimento da sua política e do ordenamento jurídico relacionado com a terra e do funcionamento do seu sistema de administração e gestão fundiária.

A incapacidade de executar tarefas básicas de administração da terra, especialmente a níveis mais descentralizados (provincial e distrital), incluindo o aproveitamento das tecnologias disponíveis para facilitar as actividades de regularização fundiária em larga escala, tem sido um grande obstáculo à implementação da Lei de Terras e à execução sistemática do cadastro e registo dos direitos à terra. Para enfrentar a pressão sem precedentes sobre a terra resultante da expansão dos centros urbanos, a construção de infra-estruturas públicas, o desenvolvimento de projectos nas áreas rurais e novas pressões sobre as terras resultantes das alterações climáticas, o Governo de Moçambique adoptou o Programa Terra Segura em 2015, como parte do Programa Nacional de Desenvolvimento Sustentável.

O Projecto de Intervenções de Administração de Terra (LAPI) também conhecido por Mozland irá apoiar directamente a implementação do programa Terra Segura do governo e tornar-se um dos principais veículos para a sua implementação.

Breve Descrição do Projecto

O Governo de Moçambique está a procurar o apoio do Grupo Banco Mundial para financiar o projecto MozLand, a ser implementadas nos próximos 5 anos.

O Objetivo de Desenvolvimento do Projecto é fortalecer os direitos de uso terra em distritos prioritários selecionados e modernizar os serviços de administração e gestão da terra. O objectivo de desenvolvimento do Projecto proposto seria alcançado através de: (i) acelerar o estabelecimento do cadastro e o registo de direitos de uso da terra; (ii) integração do planeamento básico do uso da terra com actividades sistemáticas de regularização fundiária; (iii) melhorar o ambiente legal e operacional do cadastro e registo de propriedades; (iv) fortalecimento da capacidade institucional e dos recursos humanos para o estabelecimento e manutenção do sistema de cadastro e registo; (v) melhorar o sistema digital de registo de propriedade e o sistema cadastral e torna-lo acessível on-line para o público, e (vi) aumentar a conscientização sobre a importância dos direitos de propriedade predial, particularmente ao nível da comunidade.

Os beneficiários directos do Projecto são: (i) indivíduos e comunidades dentro das áreas de implementação do projecto, (ii) instituições como MITADER e suas Direcções que lidam com assuntos I ESMF

MITADER ESMF for Mozland

de Terra (Direcção Nacional de Terras - DINAT, Direcção Nacional de Ordenamento Territorial e Reassentamento - DINOTER e CENACARTA), Ministério da Justiça, Registos Notariais e Assuntos Religiosos, municípios e outras agências centrais que gerem dados espaciais. As melhorias no sistema de informações sobre administração de terras terão impacto nacional, disponibilizando informações sobre administração de terras para todos, incluindo usuários especializados, como notários, advogados, instituições financeiras, agrimensores e público em geral.

O Orçamento do Projecto Mozland está estimado em $100 milhões de Dólares Norte Americanos, distribuído de seguinte forma pelas 4 componentes:

• COMPONENTE 1: Desenvolvimento Institucional e Fortalecimento do Quadro Legal (US$22.7 milhão). • COMPONENTE 2: Regularização Sistemática de Terras (US$64.7 milhões). • COMPONENTE 3: Project Management and Coordination (US$12.6 milhões). • COMPONENTE 4: Contingências e resposta a emergências.

COMPONENTE 1: Desenvolvimento Institucional e Fortalecimento do Quadro Legal. O objectivo desta Componente é melhorar a eficiência das instituições existentes de administração de terras, seu funcionamento e os padrões ou práticas pelas quais eles recolhem, processam, fornecem e mantêm informações sobre a terra, incluindo a melhoria da prestação de serviços nos níveis distrital e provincial bem como os sistemas de gestão da terra. Os subcomponentes e actividades indicativas a serem apoiadas são: (i) Subcomponente 1.1 - Revisão da Política Nacional de Terras e do quadro legal relacionada à terra; (ii) Subcomponente 1.2 - Consolidação de instituições e políticas; (iii) Subcomponente 1.3 - Melhoria da infraestrutura e equipamentos. (iv) Subcomponente 1.4 - Sistema de Gestão de Informações de Terras.

COMPONENTE 2: Regularização Sistemática da Terra. O objectivo desta Componente é apoiar a regularização sistemática dos direitos de uso da terra em distritos selecionados através da emissão de títulos comunitários de delimitação de terras e documentação formal que confere o Direito de Uso de Terras - DUAT obtidos através da ocupação (consuetudinária e boa fé). As subcomponentes e actividades indicativas que devem ser apoiadas são as seguintes: (i) Subcomponente 2.1 - Campanha de Informação Pública e Sensibilização; (ii) Subcomponente 2.2 - Mapeamento Base; (ii) Subcomponente 2.3. Delimitação e regularização da comunidade de direitos de uso da terra.

COMPONENTE 3: Gestão de Projectos e Coordenação (US $ 12,6 milhões). Esta componente incluirá apoio ao MITADER e suas três Direcções principais (a Direção Nacional de Terras - DINAT, a Direção Nacional de Ordenamento Territorial e Reassentamento - DINOTER, o Centro Nacional de Cartografia

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- CENACARTA) e o Fundo Nacional para o Desenvolvimento Sustentável - (FNDS) para gerir o Projecto através do financiamento de uma Unidade de Implementação do Projecto (UIP), monitoramento e avaliação, e actividades de consciencialização pública e outras actividades.

COMPONENTE 4: Contingências e Resposta a Emergências. Reflectindo a abordagem estratégica adoptada em Moçambique em toda a carteira do Banco, esta Componente fornecerá resposta imediata a situações de emergência elegíveis. Como tal, no caso de tal emergência elegível (conforme definido no Manual Operacional já preparado e adotado pelo governo), e a pedido do governo, a Componente financiaria actividades de emergência e despesas através da realocação de fundos do Projecto.

Arranjos Institucionais

O Ministério da Terra, Ambiente e Desenvolvimento Rural - MITADER, que é responsável pelo desenvolvimento e implementação de políticas da Terra será o responsável pela implementação do projecto Mozland. O Fundo Nacional de Desenvolvimento Sustentável (FNDS), criado em 2016, está sob a supervisão do MITADER, e tem como objectivo mobilizar fundos, promover e financiar programas e projectos que assegurem um desenvolvimento sustentável, harmonioso e inclusivo, com particular ênfase nas áreas rurais. Por conseguinte, pretende mobilizar, recolher, gerir e investir fundos ligados ao meio ambiente, florestas e terras, e gerir projectos financiados por doadores, como os projectos financiados pelo Banco Mundial. Além de ser supervisionado pelo MITADER, este Fundo é supervisionado financeiramente pelo Ministério do Plano e Finanças.

O pelouro de Gestão de Projectos no FNDS é responsável por gerir todos os projectos (incluindo o Projecto Mozland). Para cada projecto é atribuído um coordenador e uma equipe técnica específica (Unidade de Implementação do Projeto - UIP). As tarefas de Suprimento e Finanças estão sob a responsabilidade do sector de Suprimento e Finanças do FNDS, respectivamente. Outras equipes do sector de gestão de projectos que fornecem suporte a todos os projectos são: salvaguardas, florestas e recursos naturais, cadeias de valor agrícola, terra, infraestruturas e mapeamento através do Sistema de Informação Geográfica -SIG.

O Ministério é representado a nível provincial pelas Direcções Provinciais de Terra, Ambiente e Desenvolvimento Rural (DPTADER) e a nível distrital pelos Serviços Distritais de Actividades Económica -SDAE e pelos Serviços Distritais de Planeamento e Infraestruturas - SDPI que coordenarão as actividades de implementação a esses níveis.

A FNDS irá assegurar a coordenação entre as diferentes entidades do Governo envolvidas na implementação das actividades do Projecto e actuará com a Unidade de Implementação de Projectos (UIP) a nível provincial. As responsabilidades de implementação fiduciária e de salvaguardas também

III ESMF MITADER ESMF for Mozland caberão ao FNDS, mais especificamente ao seu Departamento de Gestão de Projectos, que actualmente administra vários outros projectos financiados pelo Banco como o Projecto Sustenta, Projecto MozFIP e Projecto MozBIO.

A UIP estará sob a liderança de um Coordenador do Projecto e também incluirá na sua equipe principal um coordenador técnico e especialistas nas áreas de aquisições, gestão financeira, Monitoria e Avaliação (M&A), desenvolvimento social e gênero, Salvaguardas e comunicação. A FNDS estará em coordenação com outros ministérios envolvidos no projecto, tais como, o Ministério da Justiça serviços Notariais e Assuntos Religiosos - responsável pelo Registo de Bens Imóveis (registo predial), e o Ministério da Administração Estatal e Função Pública, responsável pela divisão administrativa do país) e outros níveis de governação (províncias, distritos, municípios). Os mecanismos para a coordenação inter e intrainstitucional são mostrados na figura abaixo.

Fig. 1:Arranjos Institucionais para a implementação do Projecto Mozland

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Legislação moçambicana sobre gestão ambiental aplicável ao projecto

A legislação moçambicana fornece uma base suficiente para a gestão dos aspectos ambientais e sociais das actividades propostas no âmbito do Mozland.

Os aspectos relativos ao meio ambiente estão previstos na Constituição de 1990, tanto no que diz respeito aos direitos e garantias (Artigo 90 da Constituição da República de Moçambique - CRM). De facto, o Artigo 90 da CRM declara o direito dos cidadãos viverem em um ambiente equilibrado e os tem o dever de defendê-lo.

A principal lei de protecção ambiental em Moçambique é a Lei do Ambiente (Lei nº 20/97 de 1 de Outubro), que estabelece o quadro jurídico geral para a protecção e gestão do ambiente. O Decreto nº 54/15, de 31 de Dezembro, sobre Avaliação de Impacto Ambiental regula o processo de AIA para qualquer projecto de desenvolvimento.

Avaliação de Impacto ambiental

O Ministério da Terra, Ambiente e Desenvolvimento Rural (MITADER), através da Direção Nacional do Meio Ambiente (DINAB), é a autoridade responsável pela Avaliação de Impacto Ambiental (AIA) e pelo licenciamento ambiental das actividades no país.

O Regulamento do Processo de Avaliação do Impacto Ambiental (Decreto n.º 54/2015 de 31 de Dezembro) estabelece as regras para o processo de avaliação ambiental, nomeadamente o processo de categorização das actividades, o nível e o conteúdo de estudos ambientais necessários para as diferentes categorias, processo de participação pública, processo de revisão, etapas de licenciamento ambiental (provisório, de instalação/construção e de operação), responsabilidades, inspecções, taxas e penalidades aplicáveis. O processo de Avaliação de Impacto Ambiental é um instrumento que visa contribuir para a sustentabilidade ambiental e social das atividades. Começa com a Pré-Avaliação da atividade (fase de triagem), pela Autoridade de Avaliação do Impacto Ambiental a nível central ou provincial, de acordo com a localização do projecto. O processo de triagem resultará na categorização do EIA do projecto com base nas informações disponibilizadas, visita ao local do projecto pelas autoridades da AIA, verificação se o projeto está listado em um dos Anexos do Regulamento, isto é, Anexo I - Atividades da Categoria A +, Anexo II - Actividades da Categoria A, Anexo III - Actividades da Categoria B, Anexo IV - Actividades da Categoria C. Durante o processo de AIA, é sempre necessário analisar as questões fatais conforme especificado no Anexo V. As categorias são definidas no Decreto da seguinte forma:

• Categoria A+ - Actividades que, devido à sua complexidade, localização e/ou irreversibilidade e magnitude dos impactos, merecem não apenas um alto nível de

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vigilância socio ambiental, mas também o envolvimento de especialistas nos processos de AIA. • Categoria A - Actividades que podem afectar significativamente organismos vivos e áreas ambientalmente sensíveis e seus impactos são de maior duração, intensidade, magnitude e significância. • Categoria B - Actividades que não afectam significativamente organismos vivos ou áreas ambientalmente sensíveis em comparação com as actividades listadas na Categoria A. • Categoria C - Actividades que têm impactos negativos mínimos, desprezíveis ou insignificantes.

Nos termos do Regulamento da AIA, as actividades propostas pelo Mozland são de categoria B ou inferior. O processo de AIA descrito no Decreto n.º 54/2015, é resumido na figura abaixo.

Figure 2: Processo de EIA de acordo com o Decreto 54/2015

Outras Legislações Ambientais e Socais relevantes para o projecto são:

• Auditoria e inspecção ambiental o Auditoria ambiental (Decreto nº 25/2011 de 15 de Junho). o Inspecção Ambiental (Decreto nº 11/2006 de 15 de Junho) • Padrões de Qualidade do Ar e emissão de Efluentes o Decreto sobre padrões de emissões de efluentes e qualidade de ar (Decreto nº 18/2004, alterado pelo Decreto 67/2010)

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• Gestão de Resíduos o Regulamento sobre a gestão de resíduos perigosos (Decreto nº83/2014) o Regulamento sobre a gestão de resíduos Urbanos (Decreto nº94 / 2014) • Recursos Hídricos o Lei da Água (Lei nº. 16/91 de 3 Agosto) o Regulamento sobre licenças e concessões para uso da água (Decreto nº 46/2007). o Regulamento de sistemas públicos de abastecimento de água (Decreto nº 30/2003 de 1 Julho) • Gestão Costeira o Regulamento sobre Prevenção da poluição do mar e costeira, e protecção ambiental (Decreto nº. 45/2006 de 30 de Novembro). • Ordenamento Territorial o Lei sobre ordenamento do território (Lei nº 19/2007 de 18 de Julho) o Regulamento da Lei sobre ordenamento do território (Decreto no 23/2008 de 1 de Junho. o Directiva sobre o processo de expropriação para fins de ordenamento territorial – Diploma Ministerial nº 181/2010 de 3 de Novembro. • Patrimonio Cultural o Lei da Protecção Cultural (Lei nº 10/88, de 22 de Dezembro); o Regulamento de Protecção do Património Arqueológico (Decreto nº 27, de 20 de Julho de 1994); • Reassentamento Involuntário o Regulamento sobre o Processo de Reassentamento Resultante de Actividades Económicas (Decreto nº 31/2012 de 8 de Agosto. o Diploma Ministerial nº155/2014 sobre o Regulamento interno de funcionamento da Comissão de Reassentamento. o Diploma Ministerial nº 156/2014 sobre Directiva técnica para a preparação e implementação do Plano de Reassentamento. • Fauna e Flora o Lei de Florestas e Fauna Bravia (Lei nº 10, de 7 de Julho 1999) o Regulamento da Lei de Florestas e Fauna Bravia (Decreto nº 12/2002, de 6 de Junho).

Políticas de salvaguarda do Banco Mundial acionadas pelas actividades do projecto e a categorização do projeto

As políticas de salvaguarda do Banco Mundial acionadas pelo projecto, principalmente pelas actividades da subcomponente 1.3 - Melhoria da infraestrutura e equipamento - da Componente 1 e subcomponente 2.3 - Delimitação de Terras Comunitárias e regularização dos direitos de uso da terra - da Componente 2 do projecto são:

• OP 4.01 para Avaliação Ambiental - Prevê-se que os possíveis impactos ambientais e sociais negativos directos sejam de menor significância, específicos ao local, reversíveis

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e facilmente mitigáveis. Esses impactos resultarão em grande parte da construção de obras civis para instalações essenciais e necessárias para administração de terra, que incluirão edifícios administrativos, infraestrutura de gestão da terra e processo de regularização e demarcação de terras. • OP 4.12 para Reassentamento Involuntário - O projecto pode resultar em situações que envolvam restrições involuntárias de acesso à terra e recursos naturais como resultado da regularização e demarcação da terra. A restauração dos meios de subsistência das pessoas afectadas pelo projecto relacionadas a restrições de acesso a recursos será abordada por meio de uma Estrutura de Política de Reassentamento (RPF). • Habitats Naturais OP / BP 4.04 - Ao fornecer títulos de terras aos proprietários de terras em áreas rurais, esse processo fomentará o desenvolvimento de projetos que possam ter impacto direto e indireto em habitats naturais, inclusive em áreas próximas a áreas de conservação, contendo habitats naturais. • Florestas OP / BP 4.36 - O propósito da demarcação de terras e emissão de títulos de terra é permitir a implementação de atividades de desenvolvimento nessas áreas, que podem afetar as florestas dentro de áreas comunitárias, áreas de conservação ou em áreas protegidas. • Recursos Culturais Físicos OP / BP 4.11 - É possível que o projecto afecte ou envolva recursos culturais físicos devido a obras civis que podem exigir algumas escavações ou movimentos de terra.

O Banco realiza a triagem ambiental de cada subprojecto proposto para determinar a sua dimensão e o tipo de Avaliação Ambiental necessário. A OP 4.01 para Avaliação Ambiental do Banco classifica o projecto proposto em uma das quatro categorias, A, B, C e D, dependendo do tipo, localização, sensibilidade e escala do projecto e da natureza e magnitude de seu potencial impacto ao ambiente.

(a) Categoria A: Um projeto proposto é classificado como sendo de Categoria A se for provável que tenha impactos ambientais adversos significativos que sejam sensíveis, diversos ou sem precedentes. Esses impactos podem afectar uma área mais ampla do que os locais ou instalações sujeitos a obras físicas.

(b) Categoria B: Um projeto proposto é classificado como sendo de Categoria B se seus impactos ambientais adversos sobre as populações humanas ou áreas ambientalmente importantes - incluindo áreas úmidas, florestas, campos e outros habitats naturais - forem menos adversos do que os projectos da Categoria A. Esses impactos limitam-se ao local do projecto; poucos, e nenhum deles é irreversível;

VIII ESMF MITADER ESMF for Mozland e na maioria dos casos as medidas de mitigação podem ser concebidas e implementadas de maneira mais simples do que para projectos de Categoria A.

(c) Categoria C: Um projecto proposto é classificado como Categoria C se for provável que tenha impactos ambientais mínimos ou inexistentes. Além da triagem, nenhuma outra acção da AIA é necessária para um projeto da Categoria C.

(d) Categoria FI: Um projecto proposto é classificado como Categoria FI se envolver investimento de fundos do Banco por meio de intermediário financeiro, em subprojectos que possam resultar em impactos ambientais adversos.

O projeto Mozland foi classificado como sendo de Categoria B de acordo com a política de salvaguarda do Banco Mundial para Avaliação Ambiental - OP 4.01, devido à natureza e característica dos impactos das actividades dos subprojectos proposto que são específicas ao local, temporários, facilmente mitigáveis e em muitos casos reversíveis. Assim, todas as actividades de subprojectos classificadas como sendo de Categoria A poderão não ser elegíveis para financiamento e, como tal, não serão implementadas sob este projecto.

As actividades ou subprojectos de Mozland propostas serão classificados através de um processo de triagem ambiental e social, em uma das seguintes categorias de impacto ambiental: A, B ou C, conforme definido na política de salvaguarda do Banco Mundial para Avaliação Ambiental OP 4.01.

Como a localização dos subprojectos não será conhecida antes da avaliação do projecto, seus impactos negativos exactos não podem ser determinados exactamente neste estágio, porém, com base no tipo de actividades a serem desenvolvidas, os impactos podem ser identificados e medidas de mitigação genéricas recomendadas. Por essa razão, este Quadro de Gestão Ambiental e Social -QGAS foi preparado para garantir que potenciais impactos ambientais e socioeconômicos negativos sejam identificados durante a triagem de subprojectos individualmente antes da sua aprovação, e que medidas apropriadas sejam estabelecidas para evitar, minimizar ou mitigar impactos negativos no decurso da sua implementação.

A fim de abordar os requisitos de salvaguardas para OP 4.12 - Reassentamento Involuntário, também desencadeado pelo projecto, foi desenvolvido um Quadro de Política de Reassentamento em separado.

Impactos ambientais e sociais de Mozland

Potenciais Impactos Positivos - O projecto Mozland trará inúmeros impactos sociais positivos para as comunidades, famílias e cidadãos que, em um regime de boa-fé ou por normas e práticas consuetudinárias, estão ocupando a terra. A delimitação das terras comunitárias e a regularização dos direitos de uso da terra beneficiarão os usuários da terra pela segurança da posse que passam a auferir, IX ESMF MITADER ESMF for Mozland abrindo oportunidades de investimento, aumentando a proteção de recursos em terra regularizada, reduzindo áreas de terra óssea e conservação de terras comunitárias, encorajando o maneio da terra de longo prazo, intensificação do uso de terras e melhoria da conservação da biodiversidade. A regularização da terra também reduzirá os conflitos de ocupação de terras, melhorará o planeamento de novos desenvolvimentos pelo governo e aumentará a receita tributária dos usuários de terras. Os investidores passarão a receber informação atempada sobre a disponibilidade de terras que é essencial para a tomada de decisões sobre potenciais investimentos que desejam fazer em Moçambique.

Além dos impactos positivos acima mencionados, melhorias de infraestrutura e equipamentos beneficiarão aos trabalhadores, devido à melhoria das condições de trabalho, redução do tempo de processamento do DUAT, acesso on-line a informações e acesso a dados confiáveis para decisões importantes sobre administração de terras.

Potenciais Impactos Negativos - Se administrados de forma adequada, as intervenções propostas provavelmente não resultarão em impactos ambientais ou sociais adversos significativos. Porém, se não forem cuidadosamente projectados e implementados, os subprojectos podem resultar em impactos ambientais e sociais negativos, particularmente aqueles que envolvem investimentos em desenvolvimento e construção de infraestrutura (por exemplo, escritórios provinciais e escritórios regionais distritais, modernização da rede geodésica nacional) e de delimitação das terras comunitárias e regularização de terras. Aspectos ou questões ambientais relacionadas à subcomponente 1.3 - Melhoria da infraestrutura e equipamentos - da Componente 1 e Subcomponente 2.3 - Delimitação e regularização de terras comunitárias e regularização dos direitos de uso da terra - da componente 2 do Projecto, incluem principalmente o seguinte:

- Ambiente físico

Os riscos estão relacionados à erosão do solo que pode surgir de práticas inadequadas na execução das construções, uso intensivo do solo e práticas inadequadas de gestão de resíduos; questões de gestão da água relacionadas ao seu uso, má gestão de efluentes e de resíduos; qualidade do ar particularmente resultante de emissões de poeira nas obras de construção e no transporte, além das emissões resultantes da queima de combustíveis fósseis. A regularização da terra pode resultar na utilização intensiva do solo, já que a disponibilidade de terra alternativa será muito limitada como resultado da regularização massiva e delimitação de terras comunitárias.

- Ambiente biótico

Tanto o desenvolvimento da infraestrutura como a regularização fundiária podem induzir à fragmentação e esgotamento de biodiversidade e dos ecossistemas - especialmente se a localização

X ESMF MITADER ESMF for Mozland das infraestruturas não for corretamente selecionada e se o processo de regularização fundiária não levar em conta as áreas de protecção parcial previstas na legislação de Terras. A regularização fundiária abrirá oportunidades para o desenvolvimento de projectos que possam esgotar rapidamente os recursos existentes em áreas demarcadas e recorrer a áreas protegidas. Por outro lado, as atividades de desflorestamento podem ocorrer antes do processo de regularização fundiária, já que algumas pessoas podem procurar armazenar esses recursos antes da emissão de títulos formais ou levar a um maior desflorestamento devido ao aumento da atividade econômica.

-Ambiente social

A regularização fundiária, apesar de muito benéfica, alguns riscos não intencionais, como incentivar a venda de terras recém-tituladas e induzir a ocupação de novas áreas, podem surgir como um fenômeno de oportunismo. O simples facto de os beneficiários terem um título pode ser visto como uma oportunidade de negócio e mais terra pode ser utilizada para esse propósito antes e durante o projecto. Conflitos entre casais podem surgir sobre de quem é nome que deve constar no título, considerando que algumas partes do país são matrilineares (norte) e outras são patrilineares (centro e sul), o mesmo tipo de conflito pode ser visto em famílias alargadas e juntos ocupam e trabalham a terra. O projecto deve levar em consideração as questões de gênero, a fim de exacerbar os problemas de desequilíbrio de gênero ao emitir títulos. As reformas da legislação de terras propostas podem gerar uma corrida a ocupação de terras rurais, pois não se sabe que riscos sociais trarão as mudanças no quadro legal.

Outros riscos associados à execução do projecto são riscos à saúde e segurança ocupacional, fluxo de pessoas nas áreas do projeto, saúde pública, assédio sexual, mudança no uso do solo.

Objectivos do QGAS

O QGAS foi preparado para fornecer uma estrutura geral para a gestão ambiental e social das atividades dos subprojectos a serem desenvolvidas no âmbito do projecto Mozand, e deve ser usado como uma ferramenta prática durante a implementação do projecto. Os objectivos específicos do QGAS são:

• Estabelecer procedimentos e metodologias claras para levar em consideração questões ambientais e sociais durante o planeamento, revisão, aprovação e implementação de subprojectos a serem financiados pelo projecto;

• Determinar os papéis e responsabilidades na preparação e implementação de subprojectos, a fim de assegurar-se o cumprimento adequado das políticas de salvaguarda do Banco Mundial;

• Avaliar os potenciais impactos ambientais e sociais dos subprojectos previstos e propor medidas de mitigação. XI ESMF MITADER ESMF for Mozland

• Identificar as necessidades de treinamento e fornecer um orçamento para treinamento e capacitação da UIP e parceiros de implementação.

Estratégias do Quadro de Gestão Ambiental e Social -QGAS para mitigar os riscos ambientais e sociais

Triagem, revisão e processo de aprovação dos subprojectos

O processo de triagem destina-se a determinar o grau do potencial das actividades dos subprojectos propostos de causar impactos ambientais e sociais negativos significativos com vista a determinar medidas de mitigação apropriadas e garantir a sustentabilidade ambiental do subprojecto. O processo consiste em 3 etapas fundamentais: (i) triagem dos riscos ambientais do subprojecto, verificação no local e categorização do estudo a ser realizado (isenção, Estudo Ambiental Simplificado-EAS, Plano de Gestão Ambiental e social-PGAS, Plano de Accão de Reassentamento -PAR); (ii) Realização do estudo de acordo com a categorização; (iii) revisão e aprovação do estudo de acordo com os resultados.

O processo de triagem será realizado usando um formulário de triagem apresentado neste QGAS. As equipas de salvaguardas estabelecidas nas províncias serão responsáveis pela condução do processo de triagem ambiental e social em estreita colaboração com o DPTADER e FNDS central.

O orçamento do QGAS inclui custos inerentes a participação dos técnicos do DPTADER no desepenho do seu papel no projecto na provisão orçamental designada “Preparação, implementação de EIAS, PGAS e documentos de salvaguarda relacionados, incluindo monitoria e avaliação.” A revisão e aprovação dos estudos será feita pela equipe central de salvaguardas e a DPTADER respectivamente. A tabela abaixo resume os principais passos e responsáveis pela triagem, revisão, aprovação, execução e monitoramento de subprojectos.

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Tabela 1: Principais passos e responsáveis pela triagem, revisão, aprovação, execução e monitoramento de subprojectos

No Fases/ Actividades Responsabilidade Suporte Provedor de Serviços 1.Triagem do • Identificação da localização FNDS • DINAT N/A subprojecto dos subprojectos • DINOTER • DPTADER • SDAE e SDPI • Triagem dos subprojectos Equipe de Salvaguardas do • Equipe central de N/A usando o formulário de FNDS- PIU Salvaguardas do triagem e determinação FNDS; dos documentos de • UIP salvaguarda a serem • SDPI e SDAE preparados (EAS, PGAS, • DPTADER PAR, etc.) 2. Avaliação e • Confirmação/Homologação Coordenador area de • No objection do N/A Categorização da categorização salvaguardas - FNDS Banco Mundial e do DPTADER 3. Elaboração • Preparação, aprovação e • Banco Mundial de lançamento dos ToR • Especialistas de documentos suprimento específicos de • Realizar estudos incluindo • Especialista de Consultor salvaguarda consultas públicas suprimento; para o FNDS -equipe de salvaguardas DPTADER, subprojecto autoridades locais; • Revisão e validação dos • Banco Mundial, Consultor documentos e obtenção da DPTADER licença ambiental • Publicação dos • Banco Mundial, Mí dia documentos DPTADER, 4. Integração Integração dos requisites Empreiteiro de de salvaguarda nos FNDS – equipe de • Aquisições/UGEA, documentos documentos vinculativos salvaguardas Banco Mundial vinculativos de de implementação do salvaguarda subprojecto (contractos e nos contractos outros) Training of actors in the FNDS – equipe de • WB • Consultores implementation of ESMP salvaguardas • instituicões publicas competentes Execução das obrigações Provedores de serviços de • Banco Mundial • Consultores 5.Execução do de salvaguarda durante a terra e • NGOs Projecto execução do contracto infraestruturas/empreiteiros • Outros FNDS-equipe de salvaguardas Monitorização interna da FNDS - equipe de • Especialista em • Empreiteiro 6. implementação de medidas salvaguardas Monitoria e Monitoramento ambientais e sociais Avaliação (M & E) ambiental e • Gestor financeiro social • •Autoridade local Divulgação do relatório Coordenador do Projecto • Comunicação interno de monitoramento Coordenador da área de salvaguardas Monitoramento externo da FNDS coordenador da área • Coordenador do • Consultor implementação de de salvaguardas Projecto Independent / salvaguardas DEPTADER, Banco Externo Mundial XIII ESMF MITADER ESMF for Mozland

No Fases/ Actividades Responsabilidade Suporte Provedor de Serviços • Monitoramento ambiental e FNDS • ONGs • Laboratórios social • Autoridade local especiaizados • ONGs Auditoria de FNDS/WB • Banco Mundial, • Auditores implementação do PGAS • DPTADER, externos • Autoridades Locais

Consulta pública e processo de divulgação

Na elaboração deste QGAS foram consultadas várias partes e no final realizadas 3 reuniões de consultas em três distritos, nomeadamente em Matutuine – Província de Maputo (Zona Sul do país) onde participaram 20 pessoas, Meconta – Província de Nampula (Zona norte do país) onde estiveram presentes 32 pessoas e em Moatize na Província de Tete (Zona centro do país) onde participaram 50 pessoas. Nestes encontros estiveram presentes os membros dos governos distritais, conselho consultivo alargado e membros influentes da sociedade e membros do público em geral.

Paralelamente, na avaliação social do projecto, foram realizadas consultas publicas a nível das comunidades nas regiões norte centro e sul, acompanhadas de inquéritos no âmbito da avaliação de impacto social para implementação do projecto. Foram consultados um total de 618 indivíduos onde cerca de 45% foram mulheres (informação disponível na síntese de consultas do relatório de avaliação social).

Principais questões apresentadas nas consultas estão relacionadas a necessidade de demarcação de terras comunitárias e áreas de infraestrutura pública, como escolas e centros de saúde, por estas serem alvos de invasão. Também recomendaram a descentralização do processo de emissão de Direito de Uso e Aproveitamento da Terra (DUAT), tendo lamentado o facto do processo actual ser muito lento, que mesmo para uma parcela residencial o processo deve ser aprovado a nível provincial. Eles sugeriram que o mecanismo de apresentação de reclamações e queixas existente no nível da comunidade deveria ser integrado ao projeto. Foi também recomendado para que fossem realizadas consultas públicas ao nível local antes de início dos subprojectos.

O processo de elaboração de EAS, PGAS e PAR dos subprojectos deve envolver consultas dos afectados de acordo com a legislação nacional. O processo de consulta deve incluir (i) consultas com grupos de interesse que requerem atenção especial (grupos focais), agências nacionais, ONGs e (ii) reunião aberta ao público a nível local. Cópias de documentos devem ser disponibilizadas para a comunidades e partes interessadas em locais acessíveis através das autoridades governamentais locais (por exemplo, conselhos locais, secretarias distritais, direcções provinciais relevantes, MITADER e outros). XIV ESMF MITADER ESMF for Mozland

As consultas devem ocorrer durante o processo de seleção do local, triagem do projecto, preparação do documento (EIAS, PGAS, PAR, etc.) e durante as missões de monitoramento do projecto, se necessário. Para uma implementação bem-sucedida das diretrizes e recomendações do QGAS, é importante garantir que os grupos-alvo e as partes interessadas que desempenham um papel na implementação dessa estrutura sejam adequadamente treinados.

Os aspectos das consultas bem como os potenciais riscos identificados foram considerados tanto no presente ESMF, no RPF e na avaliação de impacto social, e deverão ser mitigados através de processos de triagem de subprojectos bem como na metodologia de regularização de posse de terra e estratégia de comunicação do projecto.

Fortalecimento da capacidade de implementação do ESMF

Para uma implementação bem-sucedida das directrizes e recomendações do QGAS, é importante garantir que os grupos-alvo e os actores envolvidos na implementação deste quadro sejam adequadamente treinados. O treinamento específico para melhor integração do projecto deve envolver os membros da UIP e abordará questões como triagem de projectos, elaboração de manuais de boas práticas, estudos de avaliação ambiental e social, revisão e aprovação de projectos, mecanismos de apresentação e resolução de reclamações, disseminação de PGAS, monitoramento e avaliação das actividades do projetos.

O FNDS tem uma vasta experiência na gestão de projetos similares, e possui uma equipe de salvaguarda competente que pode apoiar a UIP da Mozland, incluindo o fornecimento de treinamento necessário.

Mecanismo de reparação de queixas

Mecanismos de apresentação e resolução de reclamações são uma maneira de prevenir e resolver preocupações da comunidade, reduzir riscos e apoiar processos que criam uma mudança social positiva. Um diálogo franco e uma resolução cooperativa de preocupações simplesmente representam boas práticas de negócios, tanto na gestão de riscos sociais e ambientais quanto na promoção de objectivos de projectos e desenvolvimento comunitário. O FNDS desenvolveu e está a implementar um mecanismo de diálogo e reclamações que considera diferentes níveis de resolução oferecendo oportunidades de recurso em caso de insatisfação do reclamante em 3 níveis (local, FNDS e arbitragem independente).

Monitoramento da Implementação do QGAS

XV ESMF MITADER ESMF for Mozland

A FNDS desenvolveu procedimentos e modelos de monitoramento e relatório que foram considerados aceitáveis pelo Banco Mundial e serão usados neste projecto. Os relatórios de monitoramento e progresso são críticos para o sucesso da implementação do QGAS, bem como do Mozland. A monitoria considera visitas de campo e produção de relatórios de avaliação de execução de salvaguardas com regularidade trimestral que devem ser submetidos ao Banco Mundial. A equipe de salvaguardas das UIP com apoio de salvaguardas do nível central são responsáveis por esta actividade. De forma geral, Haverá uma equipe de monitoria e avaliação na UIP responsável pelo desenvolvimento, implementação e manutenção do sistema de M&A descentralizado do projecto, que irá recolher de forma sistemática as informações necessárias para acompanhar o progresso e documentar a conformidade com as políticas de salvaguardas. As informações geradas pelo sistema de M&A, serão usadas para ajustar os procedimentos operacionais e fazer quaisquer correções necessárias ao longo da implementação do projecto.

O objectivo específico do processo de monitoramento é garantir que o QGAS da Mozland está a ser seguido em todos os níveis e estágios do ciclo de implementação do Projeto, incluindo consultas com os afetados pelo projeto.

Treinamento e capacitação

A capacitação e o treinamento da unidade de implementação do projeto (UIP) serão cruciais para identificar possíveis impactos do projecto e determinar a categoria ambiental e social apropriada do subprojecto durante a fase de triagem. Isto será crítico para a implementação do QGAS e subsequente produção de documentos específicos de salvaguarda de cada subprojecto, tais como ESIA / PGAS ou PAR, conforme necessário, e o desempenho ambiental e social global do projecto Mozland. O QGAS identifica as necessidades de treinamento dos principais intervenientes, define papéis e responsabilidades na sua implementação, monitoria e avaliação, tendo sido estimado o orçamento de US $.920,000.00 para a sua implementação.

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EXECUTIVE SUMMARY

Background

The inability to perform basic land administration tasks especially at decentralized level, including harnessing the available technologies to facilitate land regularization activities at large scale, has been a major obstacle to the implementation of the Land Law and to systematically execute the cadastre and register land rights. To address unprecedented pressure on land resulting from the expansion of urban centres, the construction of public infrastructure, the development of land-based projects in rural areas, and new pressures on land from climate change, the Government of Mozambique adopted the Terra Segura Program in 2015, as part of the National Sustainable Development Program

The Land Administration Project Interventions (LAPI) will directly support the implementation of the government’s Terra Segura program, and become one of Mozambique’s main vehicles for its implementation.

Brief project description

The Government of Mozambique is seeking support from the World Bank Group to finance Land Administration Project Interventions (LAPI) also known as MozLand, to be implemented for 5 years.

The Project Development Objective is to strengthen land use rights in selected priority districts and to modernize land administration services. The development objective of the proposed Project would be achieved by: (i) accelerating the establishment of the cadastre and the registration of land use rights; (ii) integrating basic land use planning with systematic land regularization activities; (iii) improving the legal and operational environment of the cadastre and property registry; (iv) strengthening the institutional capacity and human resources for the establishment and maintenance of the cadastre and registry system; (v) improving the digital property registry and cadastral system and its accessibility online to the public, and (vi) raising awareness on the importance of real property rights particularly at the community level.

The Project’s direct beneficiaries include (i) households and communities within the project target areas, (ii) institutions such as MITADER and its Directorates (the National Directorate of Land - DINAT, the National Directorate of Land Planning and Resettlement - DINOTER, the National Centre for Cartography and Remote Sensing - CENACARTA), the Ministry of Justice, Constitutional and Religious XVII ESMF MITADER ESMF for Mozland

Matters, municipalities and other central agencies managing spatial data. Improvements in the land information system will have a nationwide impact by making land administration information available to everybody including specialized users such as notaries, lawyers, financial institutions, and surveyors and general public.

The Mozland Project is budgeted at $100 million USD and will cover 4 components:

• COMPONENT 1: Institutional Development and Strengthening of the Legal Framework (US$22.7 million). • COMPONENT 2: Systematic Land Regularization (US$64.7 million). • COMPONENT 3: Project Management and Coordination (US$12.6 million • COMPONENT 4: Contingent Emergency Response Component (CERC) .

COMPONENT 1: Institutional Development and Strengthening of the Legal Framework. The objective of this Component is to improve the efficiency of existing land administration institutions, their functioning and the standards or practices by which they collect, process, provide and maintain information on land, including the improvement of service delivery at district and provincial levels, as well as the land information management systems. The subcomponents and indicative activities to be supported are: (i) Subcomponent 1.1 – Revision of the National Land Policy and land-related legal framework; (ii) Subcomponent 1.2 – Consolidation of institutions and policies; (iii) Subcomponent 1.3 – Infrastructure improvement and equipment. (iv) Subcomponent 1.4 – Land Information Management System.

COMPONENT 2: Systematic Land Regularization. The objective of this Component is to support the systematic regularization of land use rights in selected districts through the issuance of community land delimitation certificates and formal documentation for DUAT rights obtained through occupation (customary and good faith).The subcomponents and indicative activities to be supported are the following: (i) Subcomponent 2.1 – Public Information and Awareness campaign; (ii) Subcomponent 2.2 - Base Mapping; (ii) Subcomponent 2.3 Community delimitation and regularization of land use rights.

COMPONENT 3: Project Management and Coordination (US$12.6 million). This component will include support to MITADER and its three main Directorates (the National Directorate of Land - DINAT, the National Directorate of Land Planning and Resettlement - DINOTER, the National Centre for Cartography and Remote Sensing - CENACARTA) and the National Fund for Sustainable Development (FNDS) to manage the Project through financing of a Project Implementation Unit (PIU), monitoring and evaluation, and public awareness and outreach activities.

COMPONENT 4: Contingent Emergency Response Component (CERC). Reflecting the strategic approach taken in Mozambique across the Bank’s portfolio, this Component will provide immediate XVIII ESMF MITADER ESMF for Mozland response to an eligible emergency. As such, in the event of such eligible emergency (as defined in the CERC Operational Manual already prepared and adopted by the government), and at the request of the government, the Component would finance emergency activities and expenditures through the reallocation of funds from the Project.

Institutional Arrangements

The Mozland implementation responsibility will be under the responsibility of the Ministry of Land, Environment and Rural Development - MITADER, which is responsible for developing and implementing land policies. The National Sustainable Development Fund (FNDS) created in 2016, is under MITADER´s supervision, and has the objective to promote and finance programs and projects that ensure sustainable, harmonious and inclusive development, with particular emphasis on rural areas. Therefore, it aims to collect, manage and invest funds linked to environment, forestry and land, and to manage donor-funded projects, such as the WB funded projects. Besides being supervised by MITADER this Fund is financially supervised by the Minister of Finance.

The Project Management Sector is responsible for managing all the projects (including Mozland Project). For each project is assigned a coordinator and a specific technical team (Project Implementation Unit – PIU). Procurement and Finance tasks are under the responsibility of FNDS’s Procurement and Finance Sector respectively. Other teams under the Project Management Sector provide support to all projects on Safeguards, Forest and National Resources, Land Value Chains and GIS mapping.

The Ministry functions/objectives are performed at provincial level by the Provincial Directorates of Land, Environment and rural Development (DPTADER) and at the district level by SDAE and SDPI that will coordinate implementation activities at those levels.

FNDS will provide coordination between the GoM entities involved in the implementation of Project activities and will act as the PIU. Fiduciary and safeguards implementation responsibilities would also lie with FNDS, more specifically its Department of Project Management, which is currently managing several other Bank-financed operations.

The PIU will be under the leadership of a Project Coordinator and will also include as its core staff a technical coordinator and specialists in the areas of procurement, financial management, M&E, social development and gender, safeguards, and communication. FNDS will be in coordination with other ministries involved in the project (e.g. Ministry of Justice, Constitutional and Religious matters responsible for the Real Property Registry, and the Ministry of State Administration and Public Function, responsible for the country’s administrative boundaries) and other levels of government entities (districts,

XIX ESMF MITADER ESMF for Mozland provinces, municipalities). Likewise, appropriate mechanisms for inter and intra-institutional coordination are shown in the figure below.

Fig. 1: Institutional arrangements for Mozland implementation

Mozambican legislation on environmental management applicable to the project

Mozambican Legislation provides a sufficient basis for managing environmental and social aspects of the activities proposed under the Mozland.

The main law for environmental protection in Mozambique is the Environmental framework Law (Law nº 20/97 of 1st October), which establishes the general legal framework for the protection and management of the environment. Decree No. 54/15 of December 31 on Environmental Impact Assessment regulates the EIA process for any development project.

XX ESMF MITADER ESMF for Mozland

Environmental Impact Assessment

The Ministry for Land, Environment and Rural Development (MITADER), through the National Directorate for the Environment (DINAB) is the authority responsible for EIA and environmental licensing of activities.

The Regulation on the Environmental Impact Assessment Process (Decree No. 54/2015 of 31 December, which repeals Decrees 45/2004 and 42/2008) establishes the rules for the environmental assessment process, namely the categorization process of activities, the level and content of environmental studies required for the different categories, public participation process, review process, environmental licensing stages (Interim, Installation and Operation), responsibilities, inspections, applicable fees and penalties. The Environmental Impact Assessment process is an instrument that aims to contribute to the environmental and social sustainability of activities. It begins with the Pre-Evaluation of the activity (screening phase), by the Environmental Impact Assessment Authority at central or provincial level, according to the location of the project. The screening process shall result in project’s EIA categorization based on the information made available, site visit by the EIA authorities, checking whether the project is listed in one of the Annexes of the Regulation, namely, Annex I – Category A+ Activities, Annex II - Category A Activities, Annex III - Category B Activities, Annex IV - Category C Activities. During the EIA process it is always required to fatal flaws as specified in and Annex V. The categories are defined in the Decree as the following:

• Category A+- Activities which due to their complexity, location and / or irreversibility and magnitude of impacts deserve not only a high level of social and environmental surveillance, but also the involvement of specialists in the EIA processes. • Category A - Activities which may significantly affect living organisms and environmentally sensitive areas and their impacts are of longer duration, intensity, magnitude and significance. • Category B- Activities which do not significantly affect living organisms or environmentally sensitive areas compared with those activities listed under Category A. • Category C - Activities which have negligible, insignificant or minimal negative impacts.

Under the revised EIA Regulations (No. 54 of 2015), activities proposed by Mozland are considered to fall under Category B. The EIA process as described in Decree 54/2015 is summarized in Figure below.

XXI ESMF MITADER ESMF for Mozland

Figure 2: EIA process as per decree 54/2015 Other environmental and social legislation relevant to the project are:

• Environmental auditing and inspection o The Decree on Environmental Auditing (Decree 25/2011, of 15th de June). o The Decree on Environmental Inspection (Decree nº 11/2006 of 15th June) • Air quality and effluent standards o The Decree on water effluents and air quality standards (Decree nº 18/2004 emended by Decree 67/2010) • Solid Waste Management o Regulations on the Management of Hazardous Wastes (Decree nº83/2014) o Regulation on Urban Waste Management (Decree nº94 / 2014) • Water Resources o Water Law (Law nº. 16/91 of 3 August) o Regulation on water licensing and concession (Decree nº 46/2007). o Regulation of public systems of water supply and wastewater disposal (Decree Nº. 30/2003 of 1 July) • Coastal Management o Regulation for the Prevention of Pollution and Marine and Coastal Environment Protection (Decree nº. 45/2006 of 30 November) • Land use Planning o Land Use Planning Law (Law nº 19/2007 of 18th July) o Land use planning Law Regulation (Decree no 23/2008, of 1st of June o Directive for expropriation for land use planning purposes- Ministry Diploma nº 181/2010 of 3rd November. • Cultural Heritage XXII ESMF MITADER ESMF for Mozland

o Cultural Heritage Act (Law nº10/88) o Archaeological Heritage Protection Regulation (Decree 27/94, of 20 July) • Involuntary Resettlement o Regulation on Resettlement as a result of implementation of economic activities (Decree nº 31/2012 of 8th August o Diploma nº155/2014 on the Internal Regulation for Resettlement Technical Commission. o Diploma nº 156/2014 Technical Guidelines for Preparation and Implementation of Resettlement Action Plan • Forestry and Wildlife o Forestry and wildlife law (Law nº 10, of 7th July 1999) o Forestry and Wildlife Law Regulation (Decree nº 12/2002, de 6 de June).

World Bank safeguard policies triggered by the project activities and project categorization

The World Bank safeguard policies triggered by the project, mainly by activities under subcomponent 1.3 – Infrastructure improvement and equipment - from the component 1 and Subcomponent 2.3 - Community delimitation and regularization of land use rights - from component 2 of the project are:

• OP 4.01 for Environmental Assessment - It is anticipated that potential direct negative environmental and social impacts will be minor, site specific, reversible and easily manageable. These impacts will largely result from construction of civil works for essential and necessary facilities for land management facilities, which will include administrative buildings, land management infrastructure and land regularization and demarcation process • OP 4.12 for Involuntary Resettlement - The project may result in situations involving involuntary restrictions of access to land and natural resources as a result of clear land demarcation. The livelihood restoration of people affected by the project related to resource access restrictions will be addressed through a Resettlement Policy Framework (RPF). • Natural Habitats OP/BP 4.04 - By providing land title to land holders in rural areas, this process will foster project development that may have direct and indirect impact on natural habitats, including to areas close to conservation areas, containing natural habitats • Forests OP/BP 4.36 - The purpose of land demarcation and issuing of land titles is to allow implementation of development activities in those areas, which may affect forests within community areas, conservation areas, or in protected areas. • Physical Cultural Resources OP/BP 4.11 - It is possible that the project will affect or involve physical cultural resources due to civil works that may require some excavations or earth movements.

XXIII ESMF MITADER ESMF for Mozland

The Bank undertakes environmental screening of each proposed subproject to determine the appropriate extent and type of Environmental Assessment required. The Bank´s OP 4.01 for Environmental Assessment classifies the proposed project into one of four categories, A, B, C and D, depending on the type, location, sensitivity, and scale of the project and the nature and magnitude of its potential environmental impacts.

(e) Category A: A proposed project is classified as Category A if it is likely to have significant adverse environmental impacts that are sensitive, diverse, or unprecedented. These impacts may affect an area broader than the sites or facilities subject to physical works.

(f) Category B: A proposed project is classified as Category B if its potential adverse environmental impacts on human populations or environmentally important areas--including wetlands, forests, grasslands, and other natural habitats--are less adverse than those of Category A projects. These impacts are site-specific; few if any of them are irreversible; and in most cases mitigatory measures can be designed more readily than for Category A projects.

(g) Category C: A proposed project is classified as Category C if it is likely to have minimal or no adverse environmental impacts. Beyond screening, no further EA action is required for a Category C project.

(d) Category FI: A proposed project is classified as Category FI if it involves investment of Bank funds through a financial intermediary, in subprojects that may result in adverse environmental impacts.

The Mozland project has been classified as Category B under World Bank safeguard policy for Environmental Assessment OP 4.01, owing to the nature and characteristics of the proposed subproject activities impacts which are site specific, temporary, easily manageable with adequate tools and in many cases reversible. Hence, all subprojects activities classified as category A during screening process may not be eligible for financing, and as such will not be implemented under this project.

Proposed Mozland activities or subprojects will be classified, through a process of environmental and social screening, to one of the following environmental impact categories: A, B or C, as defined in the World Bank safeguard policy for Environmental Assessment OP 4.01.

XXIV ESMF MITADER ESMF for Mozland are identified during subproject screening, including regulatory reforms, prior to approval of individual sub‐projects, and that appropriate measures are set forth to avoid, minimize, or mitigate such negative impacts or risks are in the course of subproject implementation, including legal reforms.

In order to address safeguards requirements for OP 4.12 for Involuntary Resettlement also triggered by the project, a separate Resettlement Policy Framework were developed.

Mozland environmental and social impacts

Potential Positive Impacts - Mozland project will bring numerous positive social impacts to communities, families and citizens who in a regime of good faith or by customary norms and practices are occupying the land. Community delimitation and land use rights regularization will benefit to the land holder for having land security, hence opening opportunities for investment, increased resources protection on regularized land, reduce areas of osseous land and conservation of community land, encourage long-term land management and land use intensification, improved biodiversity conservation. Land regularization will also reduce land related conflicts, will improve planning new developments by the government, and will increase tax revenue from land holders. Investors are given timely information that is essential for decision-making regarding potential investments they wish to make in Mozambique.

Beside the above mentioned positive impacts, Infrastructure and equipment improvements will benefit staff, due to improvement in their working conditions, reduce time for DUAT processing, online access to information and access to reliable data for key decisions on land administration.

Potential Negative Impacts - If adequately managed the proposed interventions are not likely to result in significant adverse environmental or social impacts. However, if not carefully designed and implemented, the subprojects, can result in negative environmental and social impacts, particularly those which entail investments in infrastructure development and construction (e.g. provincial offices and district regional offices, modernization of national geodetic network,) and community land delimitation and regularization. Environmental aspects or issues related subcomponent 1.3 – Infrastructure improvement and equipment - from the component 1 and Subcomponent 2.3 - Community delimitation and regularization of land use rights - from component 2 of the project, primarily include the following:

- Physical environment

The risks are related to soil erosion that may arise from poor construction management practices, intensive soil use and poor waste management practices; water management issues related to water use, effluent management and waste management issues; air quality particularly on dust emissions in construction sites and on transportation, beside emissions as a result of fossil fuel burning. Land

XXV ESMF MITADER ESMF for Mozland regularization may result in intensive soil utilization as no alternative land may be available as a result of massive regularization.

- Biotic environment

Both infrastructure development and land regularization may induce biodiversity and ecosystems fragmentation and depletion – especially if the location of infrastructure is not correctly selected and if land regularization process doesn´t take into account buffer zones. Land Regularization will open opportunity for projects development that can quickly exhaust the existing resources in demarcated areas and resort to protected areas. On the other hand, deforestation activities could occur before land regularization process as some people may seek to stock those resources before formal titles are issued or could lead to greater deforestation from increased economic activity.

- Social environment

Land regularization, although very beneficial, some unintentional risks such as encouraging the sale of newly titled lands and induce occupation of new areas could arise as an opportunistic phenomenon. The simple fact of the beneficiaries having a title may be seen as business opportunity and more land may be grabbed for that purpose before and during the project. Conflicts between couples may rise in a sense that whose name should be in the land title, considering that some parts of the country a matrilineal (north) and others are patrilineal (centre and south). The project should take into consideration gender issues in order to exacerbate gender imbalance issues when issuing titles. Legislation reforms can result in occupation of rural land rush because of uncertainty of the social impacts that the changes will produce. Other risks associated with the execution of the project are occupational health and safety risks, people influx in project areas, public health, sexual harassment, land use change.

Objectives of this ESMF

The ESMF was prepared to provide an overall framework for environmental and social management of the planned subproject activities to be developed under Mozland, and should be used as a practical tool during project implementation. Specific Objectives of ESMF are:

• To establish clear procedures and methodologies for taking into consideration environmental and social issues during the planning, review, approval and implementation of subprojects to be financed under the project, • To prescribe project arrangements for the preparation and implementation of subprojects in order to adequately address World Bank safeguard issues;

XXVI ESMF MITADER ESMF for Mozland

• To assess the potential environmental and social impacts of envisaged subprojects and propose mitigation measures. • Identify training needs and provide a budget for training and capacity building of the PIU and implementation partners.

ESMF strategies to mitigate environmental and social risks

Subproject screening, review and approval process

The screening process is designed to determine how the activities of the proposed subprojects have the potential to cause significant negative environmental and social impacts with a view to determining appropriate mitigation measures and ensuring the environmental sustainability of the subproject. The process consists of 3 fundamental steps: (i) screening of environmental risks of the subproject, verification at the site and categorization of the study to be carried out (exemption, ESMP, EIAS, RAP); (ii) Completion of the study according to the categorization; (iii) review and approval of the study according to the results.

The screening process will be performed using a screening form presented in this ESMF. The safeguards teams established in the provinces level will be responsible for conducting the environmental and social screening process in close collaboration with DPTADER. The ESMF budget makes provision for DPTADER costs to help fulfil their role under the Budget line item “Preparation, implementation and monitoring of ESIAs, ESMPs and related safeguard management plans of subprojects, and monitoring & evaluation” The review and approval of the studies will be done by the central UIP safeguards team in coordination with DPTADER. The table below summarizes key steps for subprojects screening, review, approval, execution and monitoring.

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Table 1: Key steps and responsibilities for subprojects screening, review, approval, execution and monitoring

No Steps / Activities Responsible Support Service Provider 1.Subproject • Identification of the FNDS • DINAT Screening subproject's location • DINOTER • DPTADER • Screening of the Environmental • FNDS safeguard; subproject using the and Social • Local Authority form and determination Safeguards • PIU of the documents to be Specialists - • DPTADER prepared (EIA, EMP, FNDS RAP, or other)

2. Appraisal and • Approval of the FNDS safeguard • No objection from WB and categorization. categorization by the coordinator - DPTADER Environmental Agency and the World Bank 3.Elaboration of • Preparation, approval • WB, DPTADER, local the specific and publication of FNDS authorities safeguards Terms of Reference instrument of (ToR) the subproject • Conduct of the study, • Procurement Specialist (PE); Consultant including public DPTADER, Local authorities; consultation • Review and validation • PE, Local Authority Consultant of the document and obtaining the environmental license • Publication of the • Project's coordinator, • Media document DEPTADER, WB • World Bank (i) Integration in the Contractor 4. Integration of bidding documents FNDS – • Procurement, WB safeguard (BD) of the subproject safeguard team documents into of all measures of the contract contractual work phase agreement with the company; (ii) approval of the contractor’s ESMPs Training of actors in the FNDS- • WB • Consultants implementation of Safeguard team • • Competent ESMP Public institutions Execution / Service • FNDS safeguard team • Consultants 5.Project implementation of non- Providers for • • NGOs Execution contractual measures Land services • Others with the construction and Contractors company ; Internal monitoring of FNDS • Specialist in Monitoring and • Contractor 6. the implementation of Evaluation (M&E) Environmental environmental and • Financial manager and social social measures • Local Authority monitoring • Disclosure of internal Project's • E&SS / EIP monitoring report coordinator • Communication

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No Steps / Activities Responsible Support Service Provider External monitoring of FNDS • Project's coordinator, • Independent / the implementation of DEPTADER, WB External A & S measures • Consultant Environmental and FNDS • NGOs • Laboratories / social monitoring • Local authorities Specialized Centers • NGOs Audit of the FNDS/WB • WB, • External implementation of • DPTADER, auditors ESMPs • Local Authority

Public consultation and disclosure process

In the preparation of this ESMF various stakeholders consulted, and at the end 3 consultation meetings were held in three districts, namely in Matutuine - Maputo Province (Southern part of the country) where 20 people participated, Meconta - Nampula Province (Norhern part of Mozambique) where 32 people were present and in Moatize district in the Province of Tete where 50 people participated. These meetings were attended by members of district governments, the consultative council members, influential members of the community and general public.

At the same time, community consultations were carried out for the social impact assessment at north, central and south regions. A total of 618 people was consulted in communities meetings and 45% of which were women. (Information available in the summary of consultation for social impact assessment)

Key issues presented in the meetings are related to demarcation of community land and public infrastructure areas, such as schools and health centres, as it is becoming common people encroaching to those areas. They also recommended for a decentralized process to issue DUAT, as the current process is very slow, that even for a residential plot the process must be approved at provincial level. They also suggested that the existing grievance redressing mechanism at the community level should be integrated to the project. A recommendation was made to ensure local consultations before the subprojects kick off to ensure everybody is aware.

The process of elaboration of ESIA, ESMP, RAP of the subprojects should involve consultations of the affected ones according to the national legislation. The consultation process should include (i) consultations with interest groups that require special attention (focus groups), national agencies, NGOs and (ii) open meeting to the public at local level. Copies of documents should be made available to communities and stakeholders at accessible locations through local government authorities (eg. local councils, District secretariats, relevant provincial directorates, MITADER and others).

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Consultations should take place during the site selection process, project screening, document preparation (EIAS, ESMP, RAP, etc.), and during project monitoring missions if required. For a successful implementation of the ESMF guidelines and recommendations, it is important to ensure that target groups and stakeholders playing a role in the implementation of this framework are adequately trained.

Aspects of the consultations as well as the identified potential risks have been considered in both the ESMF, the RPF and the social impact assessment, and should be mitigated through subproject screening processes as well as land use regularization methodology and project communication strategy.

In order to mitigate the risks, parallel actions, the safeguards measures described in ESMF and RPF will be considered on social risk mitigation strategy. These measures constitute essential complementary elements that must be integrated in the detailed Regularization Methodology to be used to carry out the Project land regularization component. (Annex xi - Social Risk Mitigation Strategy)

Strengthening the capacity to implement the ESMF

For a successful implementation of the ESMF guidelines and recommendations, it is important to ensure that target groups and stakeholders playing a role in the implementation of this framework are adequately trained. Specific training for better integration of the project should involve PIU members, and will address issues such as project screening, project review and approval, complaint submission and resolution mechanisms, dissemination of EMPs, monitoring and evaluation of projects.

FNDS has got extensive experience in managing similar projects, and is equipped with a competent safeguards team that will provide support to the Mozland PIU, including providing necessary training.

Grievance redressing Mechanism

Grievance redressing mechanisms are a way to prevent and resolve community concerns, reduce risk, and support processes that create positive social change. A frank dialogue and cooperative resolution of concerns simply represent good business practice, both in social and environmental risk management and in promoting project goals and community development. FNDS has developed and is implementing a grievance redressing mechanism that begins at local level, and provides opportunity for appeal in case of complainant's dissatisfaction at 3 levels (local, FNDS experts, independent arbitration).

ESMF Implementation and Monitoring

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FNDS has developed monitoring and reporting procedures and templates that were deemed acceptable by the WB and will be used in this project. Monitoring and progress reporting are critical to the successful implementation of ESMF as well as Mozland. Monitoring will consist of field visits and generation of quarterly evaluation reports to be submitted to the World Bank. The PIU safeguard team supported by FNDS central safeguard team are responsible for this activity. In general terms there will be a dedicated M&E team at PIU – FNDS responsible for the development, implementation and maintenance of the project's decentralized M&E system, which will systematically collect the information needed to track progress and document compliance with safeguards policies. The information generated by the M & E system, complemented by information emerging at the time of the Intermediate Review, will be used to adjust the operational procedures and make any necessary mid-course corrections to the project implementation modalities.

The specific objective of the monitoring process is to ensure that the Mozland ESMF is being fulfilled and verified at all levels and stages of the Project's implementation cycle, including consultation with those affected by the project.

Training, capacity building and budget

Capacity building and training to Project Implementation Unit (PIU) will be crucial in order to identify potential impacts of the project and determine appropriate environmental and social category of the subproject during screening phase. This will be critical for implementation of the ESMF and subsequent ESIA/ESMP or RAP as necessary and the overall Environmental and Social performance of the Mozland project. The ESMF identifies training needs, defines roles and responsibilities for the key stakeholders for its implementation, monitoring and evaluation, for which a budget of US$ 920,000.00 was estimated. .

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CONTENTS

SUMÁRIO EXECUTIVO ...... I

EXECUTIVE SUMMARY ...... XVII

LIST OF TABLES ...... iv

LIST OF FIGURES ...... v

LIST OF ACRONYMS ...... vi

CHAPTER I. INTRODUCTION ...... 1

1.1 PROJECT BACKGROUND ...... 1

1.2 PROJECT DEVELOPMENT OBJECTIVES ...... 2

1.3 PROJECT BENEFICIARIES ...... 2

1.4 PROJECT AREA ...... 3

1.5. OBJECTIVES OF THE ENVIRONMENTAL AND SOCIAL MANAGEMENT FRAMEWORK ...... 5

1.6. METHODOLOGY USED TO DEVELOP THE ESMF ...... 6

1.6.1. Literature review ...... 6

1.6.2. Field Visits ...... 7

1.6.4. Consultation Meetings ...... 7

CHAPTER II. PROJECT COMPONENTS AND INSTITUTIONAL ARRANGEMENTS ...... 8

2.1. COMPONENT 1: Institutional Development and Strengthening of the Legal Framework...... 8

2.2. COMPONENT 2: Systematic Land Regularization ...... 10

2.3. COMPONENT 3: Project Management and Coordination ...... 12

2.4. COMPONENT 4: Contingent Emergency Response Component (CERC) ...... 12

2.5. INSTITUTIONAL IMPLEMENTATION ARRANGEMENTS ...... 12

2.5.1. Interinstitutional and Provincial coordination ...... 13

2.5.2. Roles and Responsibilities in the project ...... 16

CHAPTER III. BIOPHYSIC AND SOCIO-ECONOMIC DATA...... 19

3.1. LOCATION AND TOPOGRAPHY ...... 19

3.2. CLIMATE ...... 20

3.5 GEOLOGY AND MINERALS ...... 21

3.7. HIDROLLOGY ...... 23

3.9. SOCIO-ECONOMIC ...... 27

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3.9.1. Population ...... 27

3.9.4 Health ...... 28

3.9.5 Education ...... 29

CHAPTER IV. NATIONAL LEGISLATION AND WORLD BANK POLICIES APPLICABLE TO THE PROJECT ...... 30

4.1 NATIONAL LEGISLATIVE, REGULATORY AND INSTITUTIONAL FRAMEWORK ...... 30

4.2. APPLICABLE WORLD BANK SAFEGUARD POLICIES ...... 36

4.3. GAP ASSESSMENT OF LEGISLATIVE STRUCTURE AND RECOMMENDATIONS ...... 43

CHAPTER V. IDENTIFICATION OF POTENTIAL ENVIRONMENTAL IMPACTS ...... 47

5.1. POTENTIAL POSITIVE IMPACTS ...... 47

5.2. POTENTIAL NEGATIVE IMPACTS ...... 47

5.3. CUMULATIVE IMPACTS ...... 57

5.3 CONTINGENT EMERGENCY RESPONSE COMPONENT (CERC) ...... 57

5.3.1 CERC Positive List ...... 58

5.3.2 CERC Negative List ...... 59

CHAPTER VI. SUB-PROJECTS SCREENING, REVIEW AND APPROVAL ...... 61

6.1. SCREENING AND REVIEW PROCESS ...... 62

6.2. APPRAISAL, ENVIRONMENTAL MANAGEMENT TOOLS AND MONITORING PROCESS ...... 64

6.2.1 Appraisal and environmental and EIAs requirements ...... 64

6.2.2. Environmental and Social Bidding and Contract Requirements ...... 66

6.2.3 Monitoring and Reporting of Subprojects Management Plans Implementation ...... 67

6.4. GRIEVANCE REDRESS MECHANISM ...... 70

6.4.1 Situating a Grievance redressing mechanisms ...... 70

6.4.2 Established procedures and time frame for Grievance Redress Mechanisms ...... 71

6.4.3 Channels to Be Used by Aggrieved Communities ...... 73

6.4.5 Appointing members of Grievance Redress Committee at community level (GRC) ...... 73

CHAPTER VII. PUBLIC CONSULTATION AND DISCLOSURE PROCESS ...... 75

7.1. PUBLIC CONSULTATION PROCESS IN THE ESMF ...... 75

7.2. PROPOSED DISCLOSURE PLAN ...... 79

CHAPTER VIII. CAPACITY BUILDING AND TRAINING ...... 80

8.1 STRENGTHENING OF PROJECT CAPACITY FOR IMPLEMENTING THE ESMF ...... 80

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8.2. TRAINING OF MOZLAND ENVIRONMENTAL AND SAFEGUARD UNIT ...... 81

8.3. CAPACITY BUILDING AND TECHNICAL ASSISTANCE REQUIREMENTS ...... 82

8.4 PROPOSED BUDGET ...... 83

X. REFERENCES ...... 86

XI. ANNEXES ...... 87

ANNEX I: STAKEHOLDERS’ CONSULTATION MINUTES ...... 88

ANNEX II: ENVIRONMENTAL AND SOCIAL SCREENING CHECK-LIST (EXAMPLE) ...... 89

ANNEX III - PRELIMINARY ENVIRONMENTAL INFORMATION SHEET (ANNEX IV – DECREE 54/2015) .... 96 ANNEX IV: TOR GUIDELINES FOR PREPARATION OF TOR FOR SIMPLIFIED ENVIRONMENTAL ASSESSMENT AND SPECIFIC ENVIRONMENTAL AND SOCIAL MANAGEMENT PLAN ...... 100

ANNEX V: STANDARD CONTENT FOR ESMP ...... 103 ANNEX VI: TEMPLATE FOR ENVIRONMENTAL AND SOCIAL MANAGEMENT GOOD PRACTICES GUIDE ...... 110

ANNEX VII: FORMAT OF AN ANNUAL ESMF IMPLEMENTATION MONITORING REPORT ...... 116

ANNEX VIII: EXAMPLES OF CONTRACT CLAUSES TO INCLUDE IN CONTRACTOR AGREEMENTS ..... 117 ANNEX IX: ENVIRONMENTAL CONSIDERATIONS TO BE INCLUDED IN THE ToR for LAND REGULARIZATION SERVICE PROVIDER ...... 122

ANNEX X- GRIEVANCE REGISTER FORM ...... 123

ANNEX XI: SOCIAL RISK MITIGATION STRATEGY ...... 126

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LIST OF TABLES

TABLE 1. 1: PROJECT TARGET AREAS ...... 4

TABLE 3. 1: AREA OCCUPIED BY WATER BODIES IN PROJECT TARGET PROVINCE ...... 24

TABLE 3. 2: AREA OCCUPIED BY CONSERVATION AREAS PER PROJECT TARGET PROVINCE ...... 25

TABLE 3. 3: GENERAL DEMOGRAHIC AND LAND INFORMATION BY PROVINCE ...... 28

TABLE 4. 1: INTERNATIONAL CONVENTIONS RATIFIED BY MOZAMBIQUE 35 TABLE 4. 2: WB SAFEGUARD POLICIES-KEY OBJECTIVES, APPLICABILITY TO MOZLAND PROJECT 39 TABLE 4. 3: COMPARISON BETWEEN NATIONAL LEGISLATION AND WB SAFEGUARD POLICIES TRIGGERED BY THE PROJECT 44

TABLE 5. 1: POTENTIAL ENVIRONMENTAL AND SOCIAL IMPACTS AND PROPOSED MITIGATION MEASURES 50

TABLE 6. 1: STEPS AND RESPONSIBILITIES (IN ACCORDANCE WITH THE INSTITUTIONAL ARRANGEMENT FOR THE IMPLEMENTATION OF ESMF) 61

TABLE 7. 1: ESMF CONSULTATION MEETINGS HELD FOR MOZALAND PROJECT 75

TABLE 7. 2: KEY STAKEHOLDER MET DURING ESMF PREPARATION 78

TABLE 8. 1: PROPOSED TRAINING FORMAT FOR ESMF IMPLEMENTATION 82

TABLE 8. 2: AWARENESS RAISING AND TRAINING FOR CIVIL WORK CONTRACTORS AND SUPERVISION CONSULTANTS 83

TABLE 8. 3: BUDGET ESTIMATE FOR THE IMPLEMENTATION OF THE ESMF 84

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LIST OF FIGURES

FIGURE 1. 1: PROJECT TARGET DISTRICTS ...... 3

FIGURE 2. 1: MOZLAND IMPLEMENTATION INSTITUTIONAL ARRANGEMENTS ...... 15

FIGURE 3. 1: MOZAMBIQUE LOCATION MAP ...... 19 FIGURE 3.2: CLIMATE OF MOZAMBIQUE...... 20 FIGURE 3. 3: GEOLOGY OF MOZAMBIQUE ...... 22 FIGURE 3. 4: HYDROLOGY OF MOZAMBIQUE ...... 23 FIGURE 3. 5: CONSERVATION AREAS FALLING WITHIN MOZLAND TARGET AREAS...... 26

FIGURE 4. 1: EIA PROCESS AS PER DECREE 54/2015 33

FIGURE 6. 1: GRIEVANCE SHOULD ESCALATE ...... 72

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LIST OF ACRONYMS

ABS Benefits Arising Aps Affected Persons ACQUA National Agency for Environmental Quality Control AZE Alliance for Zero Extinction

BD Bidding Documents

CBD Convention on Biological Diversity

CENACARTA National Centre for Cartography and Remote Sensing

CERC Contingent Emergency Response Component C-ESMP Contractor’s Environment and Social Management Plan

CITES Convention on International Trade in Endangered Species

CLO Community Liaison Officer CMS Bonn Convention on Migratory Species CORS Continuously Operation Reference Stations

CRM Constitution of the Republic of Mozambique

DINAB National Directorate for the Environment

DINAT National Directorate of Land

DINOTER National Directorate of Land Planning and Resettlement

DNRN Direcção Nacional dos Registos e Notariados

DPTADER Provincial Directorate for Land, Environment and Rural Development DUAT Right of Use and Exploitation of Lands EA Environmental Assessment EAP Emergency Action Plan EHS Environment, Health and Safety EHSGs Environment, Health and Safety Guidelines EIA Environmental Impact Assessment

EIAR Environmental Impact Assessment Report EMP Environmental Management Plan

EMPs Environmental Management Plans

ESHS Environmental, Social, Health and Safety

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ESIA Environmental and Social Impact Assessment ESMF Environmental and Social Management Framework ESMP Environmental and Social Management Plans

ESMS Environmental and Social Monitoring System

FA Finance Agreement

FGD Focus Group discussions FM Financial Manager FNDS National Fund for Sustainable Development

GIS Geographic Information System

GoM Government of Mozambique GRC Grievance Redress Committee HCV High Conservation Values

IBA Important Bird Areas ICT Iniciativa Comunitária de Terras IFC’s International Finance Corporations

ILO International Labour Organization

KBAs Key Biodiversity Areas

LAPI Land Administration Project Interventions LIMS Land Information Management System M&E Monitoring and Evaluation MITADER Ministry of Land, Environment and Rural Development MJACR Ministério da Justiça, Assuntos Constitucionais e Religiosos MozBio Mozambique Biodiversity Conservation Project MozFIP Mozambique Forestry Investment Project Mozland Mozambique Land Project NCC Network Computation Center

NGOs Nongovernment Organizations NLP National Land Policy OHS Occupational Safety and Health

OP Operational Policy

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PAPs Project Affected Parties

PCU Project coordination Unit

PE Procurement Specialist

PIM Project Implementation Manual PIU Project Implementation Unit

QGAS Quadro de Gestão ambiental e Social

RAMSAR Convention on the Protection of Wetlands RAP Resettlement Action Plan RDUAT DUAT Regularization RPF Resettlement Policy Framework

RTK Real Time Kinematic SA Social Assessment SDAE District Services for Economic Activities SDPI District Planning and Infrastructure Service SES Simplified Environmental Studies SESA Strategic Environmental and Social Assessment

SiGIT Land Integrated Management System

SP Service Provider

ToR Terms of Reference

UN United Nations UNCCD United Nations Convention to Combat Drought and Desertification UNFCCC United Nations Framework Convention on Climate Change

UIP Unidade de Implementação do Projecto

USD United States Dollar

WB World Bank

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CHAPTER I. INTRODUCTION

1.1 PROJECT BACKGROUND

Mozambique has made significant progress in the past twenty years to improve access to land and security of land rights for all citizens, particularly by strengthening its land-related policy and legal frameworks, and the functioning of its land administration and management system. Mozambique is widely regarded as having one of the most progressive land policy and legislative framework for sustainable and equitable land governance in Africa.

In 2015, the Government carried out an important institutional reform in the areas of land administration, environment and rural development with the creation of the new Ministry of Land, Environment and Rural Development (MITADER), which now integrates land administration and management, land use planning, mapping and geodesy functions, and oversees the training institutions on land administration and management.

Albeit fundamental, these reforms have yet to bring about the desired benefits. The land sector’s capacity to issue and monitor the use of DUAT as well as to register land occupations is low, a problem that is partly due to insufficient human and financial resources. As a result, land tenure insecurity persists. The inability to perform basic land administration tasks especially at decentralized level, including harnessing the available technologies to facilitate land regularization activities at large scale, has been a major obstacle to the implementation of the Land Law and to systematically execute the cadastre and register land rights.

It is estimated that there are still more than ten million land parcels or about 90% of total occupations, whose land right is not formally registered by the State. Community delimitation efforts have been delivered for several years through financing provided by bilateral donors, but with elevated costs and limited impact. Many of these processes have not been implemented according to a common methodology, with different practices and standards applied in different parts of the country and mixed results. Several land information systems have been developed (by central agencies and municipalities), without due attention to the need for integration and interoperability to enable the sharing of data.

To address unprecedented pressure on land resulting from the expansion of urban centers, the construction of public infrastructure, the development of land-based projects in rural areas, and new

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pressures on land from climate change, the Government of Mozambique adopted the Terra Segura Program in 2015, as part of the National Sustainable Development Program

1.2 PROJECT DEVELOPMENT OBJECTIVES

1.3 PROJECT BENEFICIARIES

The Project’s direct beneficiaries includes households in selected districts targeted by the Project through systematic cadastral and surveying activities. Communities will also benefit from the delimitation of their lands, the issuance of land use rights certificates and access to potential investment projects. The direct institutional beneficiaries are MITADER and its Directorates (DINAT, DINOTER, and CENACARTA), the Ministry of Justice, as well as other key state institutions, including municipalities and other central agencies managing spatial data. Improvements in the land information system will not only benefit households within the Project area, but also specialized users (such as notaries, lawyers, financial institutions, and surveyors). In addition, authorities and technical staff (at the local and central level) will directly benefit from technical assistance, land information, and improved coordination among land administration agencies. More generally, the Project is expected to benefit the country’s population, including citizens that request DUAT for investment purposes, through streamlining of the methodologies and increased efficiency of land administration services. Mozambique is among the most disaster-prone countries in the world. Investment in the geodetic infrastructure and cadastral mapping will benefit the

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1.4 PROJECT AREA

The project target area will cover 71 Districts in 10 Provinces, except Maputo city. The map below shows the target areas, while the table 1.1 below provides the details for each project target area.

Figure 1. 1: Project Target Districts

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Table 1. 1: Project Target Areas

ID Province District Km² Pop. 2018 MCA.Ts12.Sust Tit MzLd 1 TETE DOA 3,647 87,913 14,502 3,081 2 TETE CHANGARA 6,169 128,453 0 25,691 3 TETE MOATIZE 8,462 343,546 24,204 44,505 4 TETE TSANGANO 3,675 225,172 23,639 21,395 5 TETE ANGONIA 3,272 486,251 55,205 42,045 6 TETE MACANGA 7,223 200,288 47 40,011 7 TETE CHIFUNDE 9,439 155,21 37 31,005 8 TETE CHIUTA 7,15 103,875 25 20,75 9 TETE CAHORA_BASSA 8,878 132,972 41 26,553 10 TETE MUTARARA 2,741 207,48 14,502 26,994 11 GAZA MABALANE 8,95 43,883 0 8,777 12 GAZA GUIJA 4,251 93,928 0 18,786 13 GAZA CHONGOENE 1,449 121,495 18,368 5,931 14 GAZA LIMPOPO 1,64 152,053 18,368 12,043 15 GAZA CHOKWE 2,399 240,244 0 48,049 16 INHAMBANE HOMOINE 1,921 115,122 20,586 2,438 17 INHAMBANE MORRUMBENE 2,585 138,37 24,296 3,378 18 INHAMBANE MASSINGA 7,426 228,437 2,081 43,606 19 INHAMBANE INHARRIME 2,754 123,605 16,975 7,746 20 INHAMBANE JANGAMO 1,296 105,478 12,846 8,25 21 INHAMBANE VILANKULO 5,869 193,895 0 38,779 22 SOFALA MACHANGA 5,732 55,861 0 11,172 23 SOFALA CHIBABAVA 7,015 134,293 0 26,859 24 SOFALA DONDO 2,315 184,458 26,115 10,777 25 SOFALA NHAMATANDA 4,048 317,538 30,599 32,909 26 SOFALA MUANZA 7,533 42,289 0 8,458 27 SOFALA CHERINGOMA 7,126 58,542 0 11,708 28 SOFALA MARROMEU 5,771 156,72 0 31,344 29 SOFALA MARINGUE 6,17 98,828 0 19,766 30 MANICA GURO 6,953 96,93 0 19,386 31 MANICA MOSSURIZE 5,037 219,551 0 43,91 32 MANICA SUSSUNDENGA 7,134 168,2 20,682 12,958 33 MANICA GONDOLA 2,691 201,735 20,479 19,868 34 MANICA MANICA 2,542 225 19,966 25,034 35 MANICA VANDUZI 3,17 124,064 14,36 10,453 36 MANICA BARUE 5,793 185,179 0 37,036 37 ZAMBEZIA DERRE 4,763 107,98 0 21,596 38 ZAMBEZIA MAQUIVAL 619 142,823 12,945 15,62 39 ZAMBEZIA MILANGE 5,523 619,275 0 118,256 40 ZAMBEZIA MOCUBA 8,802 422,681 17,659 66,877

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ID Province District Km² Pop. 2018 MCA.Ts12.Sust Tit MzLd 41 ZAMBEZIA MACANJA 2,882 183,504 22,806 13,895 42 ZAMBEZIA MORRUMBALA 8,063 380,189 3,596 72,442 43 ZAMBEZIA NAMACURRA 2,027 242,126 35,691 12,734 44 NAMPULA MOMA 3,924 310,706 509 61,632 45 NAMPULA LIUPO 2,129 174,278 0 34,856 46 NAMPULA MOGOVOLAS 4,728 415,407 0 83,081 47 NAMPULA MURRUPULA 3,104 215,208 0 43,042 48 NAMPULA MOGINCUAL 2,291 337,207 20,481 46,96 49 NAMPULA MUECATE 4,121 175,075 0 35,015 50 NAMPULA ANGOCHE 3,029 399,092 0 79,818 51 NAMPULA MECONTA 3,69 250,425 0 50,085 52 NAMPULA NACAROA 2,724 145,643 0 29,129 53 NIASSA SANGA 12,545 78,424 0 15,685 54 NIASSA LAGO 6,58 163,982 4,885 27,911 55 NIASSA MANDIMBA 4,698 217,242 18,637 24,811 56 NIASSA NGAUMA 3,016 127,94 7,481 18,107 57 NIASSA MECANHELAS 5,029 296,908 16,929 42,453 58 NIASSA CUAMBA 5,363 264,572 39,6 13,314 59 CABO_DELGADO ANCUABE 4,94 164,114 0 32,823 60 CABO_DELGADO BALAMA 5,518 180,957 21,886 14,305 61 CABO_DELGADO NAMUNO 6,003 247,113 30,666 18,757 62 CABO_DELGADO CHIURE 5,393 316,267 41,179 22,074 63 CABO_DELGADO PEMBA 129 42,935 0 8,587 64 CABO_DELGADO MONTEPUEZ 17,874 261,535 5,761 46,546 65 CABO_DELGADO MUEDA 11,271 217,641 0 43,528 66 CABO_DELGADO IBO 74 13,025 659 1,946 67 MAPUTO MANHIÇA 2,37 208,466 33,105 8,588 68 MAPUTO MOAMBA 4,589 83,879 0 16,776 69 MAPUTO BOANE 806 210,498 13,311 28,789 70 MAPUTO MARRACUENE 698 230,53 26,562 19,544 71 MAPUTO MATUTUINE 5,352 44,834 0 8,967 TOTAL 344,877 13.789.339 752,271 2.000.000

1.5. OBJECTIVES OF THE ENVIRONMENTAL AND SOCIAL MANAGEMENT FRAMEWORK

The objective of the Environmental and Social Management Framework (ESMF) is to provide an environmental and social guidance for management of potential environmental and social tangible and intangible impacts as a result of LAPI implementation, in construction and rehabilitation of existing infrastructure for which the exact locations and technical specificities are not yet known and for which appropriate mitigation measures might be required.

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The ESMF will be used as a practical tool during project implementation with the following specific objectives:

• Identification and establishment of procedures and methodologies for the environmental and social screaming, assessment, review, approval and implementation of investments to be financed under the project; • Identification and assessment of potential environmental and social impacts for future investments to be undertaken under LAPI; • Specification of roles and responsibilities, and outlining the necessary reporting procedures, for managing and monitoring environmental and social concerns related to project investments; • Identification of necessary training, capacity building and technical assistance to ensure the implementation of the ESMF provisions and the necessary budget needs; • Provision of information resources for implementing the ESMF. • Identify a need for supplementary impact management tools such as RPF and others, which may serve as guidelines for the development of project specific Environmental and Social Management Plans (ESMP) if so required.

1.6. METHODOLOGY USED TO DEVELOP THE ESMF

In undertaking this assignment, a participatory approach involving consultations and constructive engagement with relevant stakeholders at multiple levels namely; officials from different departments at the Ministry of Land, Environment and Rural Development (especially those dealing with SUSTENTA project), Provincial, District and local Governments, Land sector associations, Land regularization service providers, Land technical assistance services (Land, SiGIT, Finance) and others relevant stakeholders. The study was conducted by the consultant using the following approach and methodology: literature review, Field visits and Interactive Discussion.

1.6.1. Literature review

The ESMF was prepared based on existing general literature, among them: - Related Terra Segura and Sustenta Project Documents, - World Bank Website - Detailed review and analysis of the national relevant legislations, policies and guidelines including the World Bank Safeguards Policies, World Bank Health and Safety Standards, and other relevant documents.

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- Review and fully understand type of infrastructures and activities proposed in this project. - Understand the implementation approach and processes for the proposed project activities for different sectors covered by the project.

1.6.2. Field Visits

The consultant will carry out field visits to some provinces (Nampula, Tete and Maputo at Central, North and South region) in order to identify possible issues on the ground and appreciate possible environmental and social impacts of the subproject activities.

1.6.3. Interactive Discussions

A series of technical meetings and discussions were held with MITADER officials at central level, Land administration officials, land regularization service providers, Land technical assistance services and beneficiaries. Since the project is still at conceptual phase, and the location of the project is not yet known, interactions with the individual affected was not yet possible.

1.6.4. Consultation Meetings

Consultation meetings were held in three Districts, one in the northern part of Mozambique (Meconta – Nampula), one at the central part of Mozambique (Moatize- Tete), another one in the Southern part of Mozambique (Matutuine – Maputo). These meetings were meant to interact with the potential affected by Mozland project and get inputs for final ESMF draft. In addition, consultations were carried out at the community level in the northern, central and southern regions of the country in the provinces of Nampula, Zambezia, Manica, Tete and Gaza under the social impact assessment of the project.

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CHAPTER II. PROJECT COMPONENTS AND INSTITUTIONAL ARRANGEMENTS

LAPI project budget is $.100million IDA Grant, which will cover 100% of the Project costs and have four components:

2.1. COMPONENT 1: Institutional Development and Strengthening of the Legal Framework

The objective of this Component is to improve the efficiency of existing land administration institutions, their functioning and the standards or practices by which they collect, process, provide and maintain information on land, including the improvement of service delivery at district and provincial levels, as well as the land information management systems. This Component will support the consolidation of the institutions responsible for land administration towards an efficient and service-oriented land administration agency with the goal of self-financing. It will also support the process for the revision and implementation of the National Land Policy and the revision and improvement of the land-related legal framework as necessary, including the revision and harmonization of relevant legal and operational instruments. The current Technical Annex to the Land Law Regulations would be the ideal focus for improvement, allowing for the delimitation process as it applies to communities and individually-held parcels to be clearly elaborated. The component would further support education and training, as well as renovation and/or construction of physical infrastructure, and the densification of the existing geodetic network.

The subcomponents and indicative activities to be supported are the following:

(i) Subcomponent 1.1 – Revision of the National Land Policy and land-related legal framework. This subcomponent will finance technical assistance for policy and legal reform and other related expenses (workshops/consultations/operational costs).

(ii) Subcomponent 1.2 – Consolidation of institutions and policies. This subcomponent will finance preparatory studies for the establishment of an autonomous land administration entity or institution,

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human resource development and training on several land administration-related topics, and an institutional consolidation plan. Based on previous analytical activities, this subcomponent will also finance the improvement and operationalization of a land use tax system.

(iii) Subcomponent 1.3 – Infrastructure improvement and equipment. This subcomponent will finance technical and physical infrastructure, including for ICT. This subcomponent will finance the improvement of the provincial offices’ infrastructure to bring the land administration services closer to the customers, improve visitors’ access and conditions and the working conditions for the personnel. DINAT is estimating the need for construction of about 7 provincial office buildings, and up to 10 district (regional) office buildings that would accommodate all the personnel of DINAT, CENACARTA and other land administration departments at the local level. The Infrastructure Needs Assessment (to be carried with PPA funds) is expected to provide the main requirements and specifications so that a decision regarding the construction of buildings can be made. The subcomponent will also finance the modernization of the National Geodetic Network, including the design and establishment of the Continuously Operation Reference Stations (CORS) Network to enable the provision of the Real Time Kinematic (RTK) positional services to the customers in the selected project areas, thereby reducing the time and cost of the parcel boundaries survey. The CORS Network establishment will include the Network Computation Center (NCC) and CORS sites establishment, as well as the training and capacity building for DINAT personnel for the maintenance of the network and sustainable provision of the positional services to the customers. The CORS will be also an important part of the spatial data infrastructure supporting the development of the territory, roads and other infrastructure development project. The number of stations and technical specifications will be estimated based on the results of the Infrastructure Need Assessment.

(iv) Subcomponent 1.4 – Land Information Management System. This subcomponent will finance activities related to the improvement of the country’s land information management system (LIMS) managed by MITADER (through DINAT) towards a nationwide fault-tolerant, high-available and data- intensive LIMS, enabling the collection, maintenance and distribution of cadastre data that is up-to-date, integrated, synchronized and interoperable with data sets from relevant sectors and agencies for the functioning of a multi-purpose cadastre. This Subcomponent would finance activities that make cadastral data accessible and available in a timely and transparent manner to feed the operationalization processes of the National Land Cadastre, National Cartography, Land Use Planning and, ultimately, to serve the purposes of supporting decision making at various levels. More specifically, this Subcomponent would finance: (i) the development of an ICT strategy and enterprise architecture; (ii) the improvement of the land information system’s architecture; (iii) the upgrade of the current land information system to support

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MITADER ESMF for Mozland the business processes defined in the streamlined methodology; (iv) the development of DINAT GeoPortal; and (v) the improvement and expansion of DINAT’s Data Center capabilities by providing the needed ICT infrastructure. Attention would be given to the interoperability of the LIMS with: (i) information systems developed in selected municipalities (which are responsible for maintaining the cadastre in urban areas); (ii) the information system that is being developed by the Real Property Registry managed by the Ministry of Justice; and (iii) the National Interagency Spatial Planning Platform, currently being developed by the Ministry of Transport and Communications. LIMS interoperability capabilities will follow eGIF4M (eGovernment Interoperability Framework for Mozambique) service delivery architecture.

2.2. COMPONENT 2: Systematic Land Regularization

The objective of this Component is to support the systematic regularization of land use rights in selected districts through the issuance of community land delimitation certificates and formal documentation for DUAT rights obtained through occupation (customary and good faith). First, this Component will finance the acquisition of the high-resolution orthorectified imagery for base mapping, followed by cadastral surveying in the selected priority districts. Subsequently, and based on a standard low-cost, fit-for- purpose participatory methodology to deliver results at a large scale, community land delimitation and issuance of certificates will take place. Communities’ land delimitation will include basic land use planning and a land rights inventory. The Component will further support regularization of individual plots in an inclusive manner (with attention to gender and other vulnerability factors), and the recordation of their respective DUAT. These processes will include community preparation and consultation, including legal advisory and support services for vulnerable groups and individuals. They will further contribute to clarify the boundaries of localities, which are administrative areas that usually encompass more than one community. Since customary and good faith land use rights can be proved through means other than the titling and registration processes, and the law clearly states that they are not prejudiced by their lack of registration or titling, during preparation more innovative and decentralized approaches to identification of land rights holdings would be explored. These approaches will be developed as part of a strategy to involve a wide range of service providers in the implementation of the Terra Segura program. As part of the systematic land regularization process, this Component would also support land rights awareness and communication (with attention to gender and vulnerable groups), and land conflict management (including paralegals and other service providers, community tribunals, and other Grievance Redress Mechanisms).

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The subcomponents and indicative activities to be supported are the following:

(i) Subcomponent 2.1 – Public Information and Awareness campaign. This subcomponent will finance the public information and awareness campaign that will precede the community delimitation and land regularization activities, including capacity building for local authorities and stakeholders. These activities will be closely coordinated with the companies that will carry out the delimitation and regularization field works and carried out in close cooperation with local authorities and traditional community leaders.

(ii) Subcomponent 2.2 - Base Mapping. This subcomponent will finance (i) the acquisition of high- resolution digital satellite or airborne imagery to support communities’ delimitation, land regularization and documentation of DUATs; (ii) the required hardware and software to support such activities; and (iii) training of personnel for its use. The base mapping will include the orthorectification of the imagery, training of personnel in CENACARTA on imagery processing, quality control, maintenance and dissemination of the imagery. The digital color high resolution (50 cm or better) orthorectified imagery will serve as base map and source of information on the terrain for the communities’ delimitation, the basic land use planning and land regularization envisaged by the Subcomponent 2.3 below. The requirements and specifications for the base mapping will be based on the results of the Cadastral Surveying and Mapping assessment to be financed by the PPA.

(ii) Subcomponent 2.3 Community delimitation and regularization of land use rights. This subcomponent will finance the delimitation of communities and land regularization activities, including land rights inventory, land survey, public exposition, conflict management, quality control, migration of existing cadastral data into the land information system, and issuance of documentation in respect to legitimately- acquired DUAT rights. Community delimitation will include basic land use planning for macro delimitation of areas of common use, sacred areas, risk areas, protected areas, as well as the identification of existing DUATs. To increase competition for such massive land regularization effort and reduce the cost per unit, the participation of international companies with proper resources and technology will be key. Due to the sensitivity of land issues, any such company will closely cooperate with local companies with relevant experience in the area. Land regularization and issuance of DUATs will be carried out according to the Methodology for Community Delimitation and Land Regularization that is being developed and tested by DINAT, using the fit-for-purpose, low cost technology.

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2.3. COMPONENT 3: Project Management and Coordination

This component will include support to MITADER and its three main Directorates (the National Directorate of Land - DINAT, the National Directorate of Land Planning and Resettlement - DINOTER, the National Centre for Cartography and Remote Sensing - CENACARTA) and the National Fund for Sustainable Development (FNDS) to manage the Project through financing of a Project Implementation Unit (PIU), monitoring and evaluation, and public awareness and outreach activities.

2.4. COMPONENT 4: Contingent Emergency Response Component (CERC)

Reflecting the strategic approach taken in Mozambique across the Bank’s portfolio, this Component will provide immediate response to an eligible emergency. As such, in the event of such eligible emergency (as defined in the CERC Operational Manual already prepared and adopted by the government), and at the request of the government, the Component would finance emergency activities and expenditures through the reallocation of funds from the Project.

2.5. INSTITUTIONAL IMPLEMENTATION ARRANGEMENTS

The proposed Project would be implemented under the leadership of MITADER, with technical oversight to be provided by the relevant competent Directorates (DINAT, DINOTER, CENACARTA).

The establishment of the Ministry for Land, Environment and Rural Development (MITADER) in 2015 brought a new approach to multiple and transversal intervention (Land, Environment and Rural Development), generating an opportunity to focus the Government's priority policies and ensure the implementation of a National Program for Sustainable Development, in an integrated and comprehensive manner. The mission of MITADER focuses on reducing socio-economic inequalities with emphasis on the rural environment through the promotion of a diversified and inclusive economy.

MITADER’s mandate includes:

• Land use planning and management; • Management and sustainable use of forest and wildlife; • Management of the national network of conservation areas; • Planning, promotion and coordination of integrated rural and sustainable development; • Promotion of development of knowledge in the domain of land, environment, rural development and related themes; • Planning, promotion and coordination of cooperation related to the environment; • Definition and implementation of an education and awareness strategy; and

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• Intersectoral coordination and sustainable use of available resources to promote sustainable development The National Sustainable Development Fund (FNDS) created in 2016, is under MITADER´s supervision, and has the objective to mobilize financial resources, promote and finance programs and projects that ensure sustainable, harmonious and inclusive development, with particular emphasis on rural areas. Therefore, it aims to collect, manage and invest funds linked to environment, forestry and land, and to manage donor-funded projects, such as the WB funded projects. Besides being supervised by MITADER this Fund is financially supervised by the Minister of Finance.

The Project Management Sector is responsible for managing all the projects financed by World Bank (including Mozland Project). For each project is assigned a coordinator and a specific technical team (Project Implementation Unit – PIU). Procurement and Finance tasks are under the responsibility of FNDS’s Procurement and Finance Sector respectively. Other teams under the Project Management Sector provide support to all projects on Safeguards, Forest and National Resources, Land Value Chains and GIS mapping. Project´s interinstitutional arrangement is presented in Figure 2.1.

2.5.1. Interinstitutional and Provincial coordination

In addition, it should be noted that at provincial level MITADER is represented by the Provincial Directorate for Land, Environment and Rural Development (DPTADER). DPTADER is responsible for the environmental and social screening and the subsequent subproject’s categorization and is responsible for conducting the environmental licensing projects of activities classified as Category B or C.

FNDS will provide coordination between the GoM entities involved in the implementation of Project activities and will act as the PIU. Fiduciary and safeguards implementation responsibilities would also lie with FNDS, and its Department of Project Management more specifically, which is currently managing several other Bank-financed operations.

The PIU will be under the leadership of a Project Coordinator, and will also include as its core staff a technical coordinator and specialists in the areas of procurement, financial management, M&E, social development and gender, safeguard, and communication. The General Coordinator will have the overall responsibility to supervise the Project Coordination Unit (PCU) staff in their planning, organizing, and executing of all day-to-day administrative, technical, and legal activities of the Project. The Operations Manual includes the PCU's organizational structure and describes the duties and responsibilities of PCU

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MITADER ESMF for Mozland staff along with the Project's technical, administrative, financial, procurement, safeguards, and M&E procedures.

During Project preparation, the roles of other ministries (e.g. Ministry of Justice, responsible for the Real Property Registry, and the Ministry of State Administration and Public Function, responsible for the country’s administrative boundaries) and other levels of government entities (districts, provinces, municipalities) will be defined. Likewise, appropriate mechanisms for inter- and intra-institutional coordination will be identified. It is expected that other line ministries may have direct or indirect roles in project implementation (e.g., Ministry of Agriculture and Food Security, Ministry of Mining and Energy, Ministry of Labor and Social Security) depending on the specific activities included in the final project design. In this regard, further analysis of the structure, capacity and role of the Land Consultative Forum to provide intersectoral high level inputs or policy/technical guidance and consultation for the Project will be further analyzed during preparation. Project preparation will include a detailed assessment of the specific institutional arrangements necessary to ensure sound project implementation including capacity building and budget provisions where necessary.

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Figure 2. 1: MOZLAND implementation institutional arrangements

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2.5.2. Roles and Responsibilities in the project

Roles and responsibilities of the different entities are defined as follows: i. Procurement

Procurement of the project will be coordinated by a macro procurement sector at the FNDS level, provided by a Senior Procurement Specialist who will be the link between Project Procurement and Procurement Specialists of all FNDS Projects and Departments. This system will be strengthened by institutional capacity building actions, at Central and Provincial levels.

Procurement standards and procedures to be adopted at Mozland will be in line with the "Guidelines for Acquisition of Non-Consulting Goods, Works and Services under IBRD Loans and IDA Credits and Donations" (January 2011 issue, revised in July 2014) and "Guidelines for Selection of IBRD Loan Advisors and IDA Credits and Donations" (January 2011 issue, revised July 2014), by Bank Borrowers, as well as what is established in the Financing Agreement on this subject. Also, the "Guidelines on Preventing and Combating Fraud and Corruption in Projects Financed under IBRD Loans and IDA Credits and Grants" of 15 October 2006 and revised in January 2011 will be implemented. ii. Project execution

FNDS will coordinate the planning project execution in conjunction with DINAT and the Service Provider, to ensure that both are aligned in terms of implementation schedule and human and material resources allocated are adequate.

It will be the responsibility of DINAT to officially launch the process in the Provinces and Districts, to organize coordination meetings between the PIU and the SPGC, SDAE and SDPI, and that the SPGC are duly informed of their role in the process.

The SPGC will be responsible for coordinating the actions of the FNDS Communication Office in community outreach and awareness campaigns, with due follow-up of local and community authorities, and in monitoring project activities.

CENACARTA will be responsible for providing and updating geospatial images and orthophotomaps necessary for the demarcation and delimitation works, as well as the updating and dissemination of information regarding the limits of territorial administrative units, in coordination with National directorate of Territory Planning (DNOT) from the Ministry of State Administration and Public Services (MAEFP). CENACARTA will also provide a network of permanent reference stations (CORS) to support SP georeferencing activities allowing them to use RTK and sub-metric survey methods.

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iii. Socio-Environmental Safeguards

Provincial PIUs will be responsible for the environmental and social screening of the subprojects, implementation of the measures contained in both ESMF and ESMPs, including the management of environmental and social impacts of their respective component, in order to comply with environmental legislation and World Bank guidelines and safeguards, essentially, the measures contained in both the of the ESMF, ESMPs, or possibly a Resettlement Action Plan (RAP) as well as the commitments made by each implementing agency.

SPGCs in coordination with DINOTER and DPTADER will be responsible for identifying and dissimilating information regarding exclusion zones as well as regularizing land use plans in districts.

iv. Survey and Registration of DUATs and Delimitation of communal lands

The Service providers (SP) will be responsible for promoting participatory rural appraisal, collecting, processing and processing in SiGIT all alphanumeric and geospatial information relating to the parcel and the delimitation of the community, as well as drawing up the simplified land use plans and the necessary procedure for and to identify and report to the SPGC any land conflicts, taking the necessary measures to promote their resolution.

DINAT will provide the communication and computing infrastructure required to support all the RDUAT and DelCom processes in an integrated manner and will provide a communication interface that will allow bi-directional interconnection between SP mobile equipment and the SiGIT central system for data transfer from processes and their validation through the pre-established rules in the system.

v. Processing of the Title of RDUAT and Cognate of Delcom

Once the survey and introduction of the RDUAT or DelCom process in SiGIT is completed, it is the responsibility of the SP to produce the maps that compose the edicts and publish them in a public place and later manage any changes that may be requested.

At the end of the publication period, the SP informs the SPGC at the end of the bidding period for the SPGC to compile the batch of DUATs and submit it for approval by the Governor.

The printing of the RDUAT title and the Delcom certificate will be the responsibility of DINAT, which after production (centrally to ensure consistency in document quality, implement document security mechanisms, reduce risks of falsification, ensure continuity of operation and reduce costs); it will send it to the SPGC, which in turn will try to process it to receive the signature of the Governor of the respective province and the SP will try to get them to the district authorities to deliver them to the beneficiaries.

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vi. M & A - Monitoring and Evaluation

The M & E of the Project will be coordinated by a macro sector of M&E at the level of the FNDS, provided by a Senior M & E Specialist and assisted by an M&E Assistant. with the primary objective of ensuring an effective monitoring and evaluation process (M&E) as well as good coordination between the project components and stakeholders involved in achieving the project development objective (PDO) and their expected final results. The M&E process will be implemented in coordination with all project stakeholders (government agencies, NGOs, financiers and other interested parties) using an integrated approach over the five years of project implementation.

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CHAPTER III. BIOPHYSIC AND SOCIO-ECONOMIC DATA

3.1. LOCATION AND TOPOGRAPHY

Mozambique is a coastal country located between 11°27’S and 26°52’S, and 30°51’E and 40°51’E. The total land area is 801,590 km², with a coastline of 2,470 km. The country is bordered by South Africa and Swaziland in the south, Zimbabwe, Malawi and Zambia in the west, Tanzania in the north and the Indian Ocean in the east (Figure 3.1). Mozambique is sparsely populated and more than 60% of the country’s population live in rural areas, subsisting off the land.

Figure 3. 1: Mozambique Location Map In terms of Topography, the east consists of lowlands while the west is more mountainous. Mozambique has a coastline of 2,700 kilometres. North of the Zambeze River the topography is mountainous – as is typical of the interior areas of the Great Valley Rift – with coastal plains and coral reefs. The south is described as a wide coastal alluvium plain covered in savannas, valleys, and various rivers. The location is particularly vulnerable to extreme climate phenomena such as droughts, floods, and cyclones.

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3.2. CLIMATE

Mozambique has a tropical to subtropical climate, with some semi-arid regions in the southwest of the country. Average temperatures are highest along the coast as well as in the south of the country (20- 26°C) and lower in high inland regions. There are seasonal temperature variations, with a cool dry season from April to September (coolest months are June – August) and a hot humid season from October to March (warmest months are December – February).

Figure 3.2: Climate of Mozambique

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Rainfall is highest in the north (1,000 mm/year) and lowest in the southeast (500 mm/year), but also varies according to topographic features – with most rainfall in higher areas and along the coast (800- 1,200 mm). The driest area of the country is the southern inland area, where some locations receive only 300 mm of rainfall per year. Rainfall mainly occurs during the hot season, from November to April – with the majority falling between December and February. The north receives 150-300 mm of rainfall per month during this season, while the south receives 50-150 mm per month.

3.5 GEOLOGY AND MINERALS

The geology of Mozambique is primarily extremely old Precambrian metamorphic and igneous crystalline basement rock, formed in the Archean and Proterozoic, in some cases more than two billion years ago. Mozambique contains greenstone belts and spans the Zimbabwe Craton, a section of ancient stable crust. The region was impacted by major tectonic events, such as the mountain building Irumide orogeny, Pan- African orogeny and the Snowball Earth glaciation. Large basins that formed in the last half-billion years have filled with extensive continental and marine sedimentary rocks, including rocks of the extensive Karoo Supergroup which exist across southern Africa. In some cases, these units are capped by volcanic rocks. As a result of its complex and ancient geology, Mozambique has deposits of iron, coal, gold, mineral sands, bauxite, copper and other natural resources.

Mozambique has extensive natural resources, although most remain undeveloped. The Manica Belt is a continuation of the Mutare-Manica Gold Belt from Zimbabwe and contains iron, copper, asbestos, gold, lead, nickel and bauxite hosted in an Archean and Paleoproterozoic greenstone belt. The metasediments of Gairezi Group and Umkondo Group both host limestone, copper and iron near the border with Zimbabwe. Seven out of the nation's 10 provinces have graphite in Proterozoic rock associated with schist and gneiss. Semi-precious tones, feldspar, beryl (including aquamarine and morganite), mica and radioactive minerals are found with pegmatites in the Proterozoic rocks in Zambezia Province and Nampula Province. Elsewhere, in the northeast, pegmatite hosts lithium, bismuth, quartz, beryl, columbium, antimony and tantalum.

Mozambique is also notable for beach sands between Quelimane and Angoche, laden with zircon, rutile, monazite and ilmenite. The Cretaceous Grudja Formation shows the most promise for potential hydrocarbons and Mesozoic sedimentary sequences in the north. Mozambique has got great reserves of natural gas.

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Figure 3. 3: Geology of Mozambique

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3.7. HIDROLLOGY

The hydrographic netwrk of Mozambique is very dense. The country is drained by five principal rivers and several smaller ones. The most important ones, from south to north, are Maputo, Umbeluzi, Incomati, Limpopo, Save, Buzi, Púnguè, Zambezé, Licungo, Messalo and Rovuma. There are four significant lakes: Lake Niassa (or Malawi), Lake Chiuta, Lake Cahora Bassa and Lake Shirwa, all in the northern part of the country. The Regional Water Administrations (or Regional Water Boards) / Administração Regional de Águas (ARAs) are responsible for operational water management, including collecting river level and flow data, in Mozambique.

Figure 3. 4: Hydrology of Mozambique

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The table below provides the total area occupied by water bodies in the districts by province selected for Mozland project. It is estimated that a total area of 436 131Ha are made of water in those target areas.

Table 3. 1: Area occupied by water bodies in project target province

Province Districts Water body areas in Hectors (Ha) MAPUTO 9 25.847 GAZA 14 37.414 INHAMBANE 14 37.317 SOFALA 13 19.989 MANICA 12 4.981 TETE 15 255.867 ZAMBEZIA 23 13.134 NAMPULA 23 569 C. DELGADO 18 18.697 NIASSA 16 22.317 Total 157 436.131

The Land Law establishes partial protection zoned along the rivers, lakes, river springs and other sensitive areas.

3.8. CONSERVATION AREAS

In Mozambique, the conservation areas are management by the National Administration of Conservation Areas (ANAC), a body supervised by the Ministry of Land, Environment and Rural Development (MITADER).

Protected areas in Mozambique are known as conservation areas, and are currently grouped into national parks, national reserves, forest reserves, wildlife utilisation areas (coutadas), community wildlife utilisation areas and private game farms (fazendas de bravio). There are also a number of areas that have been declared as protected areas under a variety of different legislation.

The National Network of Conservation Areas, led by ANAC, manages 7 national parks, namely Quirimbas, Gorongosa, Mágoè, Bazaruto, Limpopo, Zinave and Banhine, and 12 national reserves, namely Niassa, Gilé, Marromeu, Lake Niassa, Chimanimani, Pomene, Malhazine, Ponta de Ouro and the Inhaca Biological Reserve, the Cape São Sebastião Total Protection Zone, and the Environmental Protection Area of the First and Second Islands. Also falling within the framework of ANAC management are other categories of conservation areas, such as the case of official hunting reserves and game farms, intended

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MITADER ESMF for Mozland for the development of safari tourism and also the 3 Community Conservation Areas of Mitchéu, Tchuma Tchato and Chipanje Chetu, and the Forest Reserves.

Through its network of conservation areas, Mozambique possesses a very rich biological diversity, bringing together separate ecosystems, both terrestrial and marine. This diversity of ecosystems plays an important role in the provision of environmental services.

The Figure 3.5 shows that some of the districts included in the Mozland project are covered by some conservation areas. The table below shows the total area occupied by conservation activities for each province.

Table 3. 2: Area occupied by Conservation activities per project target province

Province District Conservation Areas in Hectors (Ha) MAPUTO 9 78.044 GAZA 14 1.767.085 INHAMBANE 14 369.593 SOFALA 13 525.577 MANICA 12 0 TETE 15 0 ZAMBEZIA 23 284.967 NAMPULA 23 0 C. DELGADO 18 0 NIASSA 16 1.248.620 Total 157 4.273.885

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Figure 3. 5: Conservation areas falling within Mozland target areas.

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3.9. SOCIO-ECONOMIC

3.9.1. Population

There were 28.9 million people living in Mozambique in August 2017, according to preliminary results from the country’s Fourth National Population Census carried out in that month. The previous census, held in 2007, showed that the population then was 20.5 million. Thus, in the space of a decade, the Mozambican population has grown by 41 per cent, or by an average of over four per cent a year.

The most populous of the provinces remains Nampula, in the north, with 6,102,867 inhabitants, followed by the central province of Zambezia, with 5,110,787, concentrating about 39% of national population. The western province of Tete is in third position, with 2,764,169 inhabitants.

The least populous province is Maputo City, with 1,101,170 inhabitants. There is a clear drift of population from Maputo to the neighbouring city of Matola, capital of Maputo province. Maputo province is now the most heavily populated province in the south of the country, with 2,507,098 inhabitants. The other two southern provinces, Inhambane and Gaza, have 1,496,824 and 1,446,654 inhabitants respectively. The southern four provinces between them only account for 23 per cent of the population.

The table below provides the following information about the target areas of the project:

- Province Name of the Province. - District Number of Districts by Province - Km² Project Area per Province in Km² - Pop2018 Population 2018 (INE projections) - Mca.Ts12.Sust Land titles handed and to be handed over by MCA + Terra Segura 1 e 2 + Sustenta (ANRLMP + MOZFIP) - MzLd Titles MozLand - MzLd1 Titles MozLand 1 - MzLd2 Titles MozLand 2 - ShaUsed Areas used by Province (Estimate) - ShaDisp Areas Available by province (Estimate) - Mca.Ts1 Titles handed MCA + Terra Segura 1 - Ts2 Titles to be handed over Terra Segura 2 - ShaPSiGIT Areas of land registered in SiGIT - ShaComSiGIT Comunity areas in Ha registered in SiGIT

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Table 3. 3: General demograhic and land information by Province

Provínci Distri SKm Pop20 Mca.Ts12 MzLd MzLd MzLd ShaUs ShaDis Mca. Ts2 ShaPSi ShaCom a tos 2 18 .Sust 1 2 ed p Ts1 GIT SiGIT MAPUT 9 23.6 2.507.0 140.244 159.2 83.94 0 452.06 1.914.8 90.55 49.68 176.7 87.302 O 69 98 32 3 0 26 7 7 21 GAZA 14 75.5 1.446.6 177.247 147.7 112.9 34.27 2.612.4 4.943.9 47.96 129.2 96.53 605.057 64 54 95 55 8 40 44 9 78 6 INHAM 14 68.9 1.496.8 130.773 183.6 97.10 50.71 908.31 5.987.0 27.95 102.8 359.3 63.629 BANE 53 24 99 5 0 6 30 5 18 13 SOFALA 13 67.9 2.221.8 114.185 222.1 138.4 59.94 3.636.5 3.159.0 26.75 87.42 2.083 3.020.42 56 03 36 59 5 84 28 6 9 5 MANICA 12 62.5 1.911.2 95.966 341.8 240.2 72.49 542.17 5.708.4 172 95.79 283.3 196.237 06 37 89 39 0 5 59 4 78 TETE 15 101. 2.764.1 132.273 461.5 306.1 111.2 1.069.7 9.035.9 461 131.8 174.9 559.520 057 69 30 29 64 45 20 12 93 ZAMBEZ 23 103. 5.110.7 321.885 794.8 424.8 380.1 2.774.1 7.567.8 64.50 98.44 1.252. 1.030.63 IA 420 87 73 03 85 98 28 5 9 328 8 NAMPU 23 78.4 6.102.8 352.186 673.4 377.8 253.3 2.169.5 5.676.0 51.02 144.7 636.9 1.320.70 LA 56 67 11 87 72 38 27 2 14 53 5 C. 18 78.2 2.333.2 151.679 223.7 114.6 102.2 694.07 7.125.9 46.82 100.8 218.3 365.977 DELGAD 00 78 94 17 62 7 54 7 98 97 O NIASSA 16 122. 1.865.9 118.283 246.9 116.6 91.24 4.498.5 7.791.9 50.50 67.78 9.170 3.147.43 905 76 19 38 9 11 75 2 1 5 Total 157 782. 27.760 1.734.72 3.455. 2.012. 1.155. 19.357 58.910 406. 1.008. 3.209. 10.396.9 686 .693 1 278 775 755 .644 .991 726 660 871 24

3.9.4 Health

Life expectancy in Mozambique was 53.8 years in 2015, up from 52.1 years in 2010, 50.3 years in 2007 and 44.3 years in 1997. The 2015 figures for females and males were 55.9 years and 51.7 years, respectively. Births attended by skilled personnel fluctuated in a range of 56.6 per cent in 2010 to 75 per cent in 2015. (INE, 2015). The most recent data on HIV, which is as of 2009, show that the prevalence rate for adults aged 15-45 years increased to 11.5 per cent in 2009, from 9.7 per cent reported in 2003. At the national level, 13.1 per cent of women and 9.2 per cent of men aged 15-49 years are HIV-positive, with a higher prevalence rate, 15.9 per cent, found in urban areas, compared to 9.2 per cent in rural areas. The general antiretroviral coverage in Mozambique has increased from less than 5 per cent in 2005 to 85 per cent in 2015.

Malaria is among the reported leading causes of morbidity and mortality in Mozambique; the number of reported cases of malaria rose from 3.3 million in 2010 to 5.4 million in 2015, while the reported number of deaths because of malaria increased from 1,859 in 2010 to 1,923 in 2015. Measures being implemented to combat malaria include use of treated mosquito bed nets, indoor residual fumigation and preventive and prompt treatment (Instituto Nacional de Estatística, Ministério da Saúde and ICF International, 2012; 2014)

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3.9.5 Education

While Mozambique has recorded improvements in the various education access-related indicators, differences remain in several relevant indicators, notably in the lower numbers for females compared to their male counterparts. For example, enrolment rates for females are still lower than their male counterparts. With regard to literacy, the literacy rate for the 15-20 age group is fairly high at 70.8 per cent. In 2014 and 2015, national illiteracy rate for the 15-19 age group was 29.3 per cent and 23.2 per cent for males and 35.9 per cent for females. Primary school enrolment rates at national level are very high, with males posting a rate of 100.5 compared to 95.9 for females in 2015. Net enrolment rates for primary school have improved significantly from 66.8 per cent in 2002 to 98.2 per cent in 2015.

Gender equality in education has yet to be achieved in Mozambique; gross and net enrolment rates are lower for females in comparison to males. The pupil-teacher ratios are higher at the junior primary and junior secondary levels. To reduce the pupil-teacher ratios, the Government planned to recruit 8,500 teachers in 2016 to be equitably allocated across the country, giving priority to districts with high pupil teacher ratios.

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MITADER ESMF for Mozland

CHAPTER IV. NATIONAL LEGISLATION AND WORLD BANK POLICIES APPLICABLE TO THE PROJECT

4.1 NATIONAL LEGISLATIVE, REGULATORY AND INSTITUTIONAL FRAMEWORK

Constitution of the Republic of Mozambique

The aspects concerning the environment are provided for in the 1990 Constitution, both regarding the rights and guarantees (Article 90 of the Constitution of the Republic of Mozambique – CRM). In fact, Article 90 of the CRM declares the right of citizens live in a balanced environment and have the duty to defend it. The same article requires the state and the local authorities, with collaboration from associations for environmental protection, to adopt policies to protect the environment and promote the rational use of all natural resources.

As far as Land related aspects, since Mozambican independence in 1975, property in land has been vested in the state. Despite the political and economic shift to a multi-party system and market economy since the 1990 Constitution, this underlying principle has remained in place, and no land may be sold, mortgaged or otherwise alienated. (Article 109 of the CRM)

Land Policy

In 1995, a new National Land Policy (NLP) was approved, expressed in the Land Law of 1997 and its Regulation. 1 The policy aimed to establish a clear rights-based approach to guaranteeing land for Mozambicans and supporting rural community land rights while encouraging private investment in the country.2

The Land Law (Law nº 19/97, of 1st October) Mozambique’s 1997 Land Law established a right to use land which is inheritable. This right is known by the acronym DUAT, from the Portuguese Direito de Uso e Aproveitamento dos Terras—‘right of use and benefit of land.’ While a DUAT does not confer full ownership, it is a secure, renewable, and long-term user right that covers a period of up to 50 years. The Law provides communities and local people with a secure title to land, while providing security to investors. It gives the state authority to allocate land concessions for commercial businesses.

1 Law no. 19/97 of 1 October and its Regulation, approved by Decree no. 66/98 of 8 December.

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According to the Land Law, a DUAT can be acquired in three ways: (i). Local community occupation governed by customary law; (ii) Good faith occupation (after using the land for at least 10 years without objection); and (iii) Adjudication and allocation of a 50-year lease by the State.

Other key land related legislations: • Land Law Regulation – Decree n.º 66/98,of 8th December; • Amendment to the Land Law Regulation (articles 20 and 39) – Decree n.º 1/2003, of 18th February; • Land Law Regulation Technical Annex – Ministerial Diploma nº 29/2000-A, of 17th March.

The Environmental Framework Law (Law nº 20/97 of 1st October) The Environmental Framework Law was passed by the Mozambican Parliament in July 1997. The aims of the Law are to provide a legal framework for the use and correct management of the environment and its components and to assure the sustainable development of Mozambique.

The Environmental Law is applicable to all public and private activities, which may influence the environment either directly or indirectly. Some of the core principles for environmental management defined in the Law are to:

• Improve the quality of life of citizens and the protection of biodiversity and ecosystems. • Recognize and value local communities' traditions and knowledge. • Prioritize preventive systems against environmental degradation. • Take a holistic and integrated perspective of the environment. • Recognize the importance of public participation. • Foster the principle of polluter-pays. • Recognize the importance of international co-operation.

Important features of the Law include: • The Law forbids the pollution of the soil, subsoil, water or atmosphere by any polluting substances, or any other form of degradation of the environment, which fall outside the limits stipulated by the Law. • Projects and operations that are likely to have a negative impact on the environment are subject to an environmental impact assessment by independent assessors. • To protect environmental components that have a recognized ecological and socio-economic value; environmental protection zones can be created. • Licensing of activities (Article 15) that are liable to cause significant environmental impacts is required. The issuance of an environmental license is dependent on an appropriate level of environmental impact assessment being completed and accepted.

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Environmental Impact Assessment

The Regulation on the Environmental Impact Assessment Process (Decree No. 54/2015 of 31 December, which repeals Decrees 45/2004 and 42/2008) establishes the rules for the environmental assessment process, namely the categorization process of activities, the level and content of environmental studies required for the different categories, public participation process, review process, environmental licensing stages (Interim, Installation and Operation), responsibilities, inspections, applicable fees and penalties. The Environmental Impact Assessment process is an instrument that aims to contribute to the environmental and social sustainability of activities. It begins with the Pre-Evaluation of the activity (screening phase- pre evaluation form in annex iii), by the Environmental Impact Assessment Authority at central or provincial level, according to the location of the project. The screening process shall result in project’s EIA categorization based on the information made available, site visit by the EIA authorities, checking whether the project is listed in one of the Annexes of the Regulation, namely, Annex I – Category A+ Activities, Annex II - Category A Activities, Annex III - Category B Activities, Annex IV - Category C Activities. During the EIA process it is always required to fatal flaws as specified in and Annex V. The categories are defined in the Decree as the following:

Under the revised EIA Regulations (No. 54 of 2015), activities proposed by Mozland are considered to fall under Category B. The EIA process as described in Decree 54/2015 is summarized in Figure 4.1

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Figure 4. 1: EIA process as per decree 54/2015 Other environmental and social legislation relevant to the project are:

• Environmental auditing and inspection o The Decree on Environmental Auditing (Decree nº25/2011, of 15th de June). o The Decree on Environmental Inspection (Decree nº 11/2006 of 15th June) • Air quality and effluent standards o The Decree on water effluents and air quality standards (Decree nº 18/2004 emended by Decree nº 67/2010) • Solid Waste Management o Regulations on the Management of Hazardous Wastes (Decree nº83/2014) o Regulation on Urban Waste Management (Decree nº94 / 2014) • Water Resources o Water Law (Law nº. 16/91 of 3 August) o Regulation on water licensing and concession (Decree nº 46/2007). o Regulation of public systems of water supply and wastewater disposal (Decree nº. 30/2003 of 1 July) • Coastal Management o Regulation for the Prevention of Pollution and Marine and Coastal Environment Protection (Decree nº 45/2006 of 30 November) • Land use Planning o Land Use Planning Law (Law nº 19/2007 of 18th July) o Land use planning Law Regulation (Decree no 23/2008, of 1st of June o Directive for expropriation for land use planning purposes- Ministry Diploma nº 181/2010 of 3rd November.

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• Cultural Heritage – The Ministry of Culture and Tourism is responsible for cultural heritage. The key legislations are: o Cultural Heritage Act (Law nº. 10/88) o Archaeological Heritage Protection Regulation (Decree nº 27/94, of 20 July) • Involuntary Resettlement – MITADER oversees resettlement processes through the National Directorate of Land Use Planning and Resettlement. The key legislations are: o Regulation on Resettlement as a result of implementation of economic activities (Decree nº 31/2012 of 8th August; o Diploma nº155/2014 on the Internal Regulation for Resettlement Technical Commission; o Diploma nº 156/2014 Technical Guidelines for Preparation and Implementation of Resettlement Action Plan;

• Forestry and Wildlife – MITADER oversees Forestry and Wildlife management through the National Directorate of Forestry o Forestry and wildlife law (Law nº 10, of 7th July 1999) o Forestry and Wildlife Law Regulation (Decree nº 12/2002, de 6 de June)

• Conservation areas – MITADER is responsible for Conservation areas through ANAC (National Authority for Conservation Areas) o Conservation and Biodiversity Law (Law Nr. 16/2014, revised in 2017) establishes provides for the legal establishment of Conservation Area Management Boards (CGAC), o Conservation Law Regulation -Decree Nr. 89/2017.

International Conventions Beside the above-mentioned legislation, it is relevant to highlight some international conventions ratified by Mozambique relevant to the project. These conventions are summarized in Table 4.1

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Table 4. 1: International Conventions Ratified by Mozambique

Convention Year of ratification Biodiversity related topics African Convention on the Conservation of Nature 1981 Recognizes the vital importance of natural resources, e.g. flora, fauna, water and and Natural Resources (Resolution 18/81) soil, to the well-being of African populations. Convention on International Trade in Endangered 1981 Recognizes that various species, animals and plants represent an irreplaceable part Species (CITES) (Resolution 20/81) of natural ecosystems. Bamako Convention on the Protection of the 1993 Recognizes the effects of changes in ozone layer on ecosystems and organisms. Ozone Layer (Resolution 8/93) Framework Convention on Climate Change 1994 Recognizes the elevated natural greenhouse effect, caused by human activities, and (UNFCCC) (Resolution 1/94) evaluates the extent they affect adversely the natural ecosystems and humankind; also recognizes the role of terrestrial and marine ecosystems as carbon sinks. Convention on Biological Diversity (CBD) 1994 (Resolution 2/94) Convention on the Protection, Management and 1996 Recognizes the special characteristics of marine ecosystems (hydrographic and Development Marine and Coastal East Africa (Resolution 17/96) ecological), and the threats they face from pollution and poor integration in the Region development process. Bamako Convention on the Prohibition of 1996 Recognizes the increasing complexity of production and toxic waste and the effects Hazardous Waste Import, and controls (Resolution 19/96) on human health and biodiversity. Transboundary movements of such wastes in Africa Convention to Combat Drought and Desertification 1996 Recognizes that desertification is caused by complex interactions among physical, (UNCCD) (Resolution 20/96) biological, political, socio-economic and cultural factors. Cartagena Protocol on Biosafety 2001 Establishes mechanisms to protect biodiversity and human health risks of (Resolution 11/2001) Genetically Modified Organisms (GMOs) Convention on the Protection of Wetlands 2003 Recognizes the ecological importance of wetlands as regulators of hydrological (RAMSAR) (Resolution 45/03) regimes and habitats of specific flora and fauna species (including migratory). Stockholm Convention on Persistent Organic 2004 Recognizes the toxic effects of pollutants on biological tissues and transported Pollutants (Resolution 56/04) across borders. Bonn Convention on Migratory Species (CMS) – 2009 Recognizes the importance of conservation of special habitats of migratory species. Nagoya Protocol 2014 Supplementary agreement to the CBD for regulating access to genetic resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization (ABS).

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4.2. APPLICABLE WORLD BANK SAFEGUARD POLICIES

The ten World Bank´s safeguard policies, were created to inform decision making, ensuring that projects financed by the Bank are environmentally and socially sustainable, and they include: Environmental Assessment (OP 4.01), Natural Habitats (OP 4.04), Forestry (OP 4.36), Pest Management (OP 4.09), Physical Cultural Resources (OP 11.03), Indigenous People (OP 4.10), Involuntary Resettlement (OP 4.12), Safety of Dams (OP 4.37), Projects on International Waterways (OP 7.50) and Projects in Disputed areas (OP 7.60). https://consultations.worldbank.org/Data/hub/files/safeguardsreviewapproachportuguese_2.pdf.

In addition to those policies, it is important to mention the Environmental, Health and Safety guidelines (ESHS Guidelines), from IFC, which may be applicable. https://www.ifc.org/wps/wcm/connect/dfa5bc804d0829b899f3ddf81ee631cc/PS_Portuguese_2012_Full- Document.pdf?MOD=AJPERES.

Environmental Assessment (OP 4.01) governs the World Bank’s policy on environmental assessment, demanding that all projects proposed for funding by the Bank must be subjected to environmental assessment process, to ensure environmental and social sustainability, thereby contributing to an improvement in the decision-making process. It establishes that the environmental assessment is initiated as early as possible in project processing and is integrated closely with the economic, financial, institutional, social, and technical analyses of a proposed project. The environmental assessment process takes into account the natural environment (air, water, and land), human health and safety, social aspects (involuntary resettlement, indigenous peoples and physical cultural resources) (to ensure compliance with the World Bank Group Environment, Health and Safety Guidelines – EHSG) and transboundary and global environmental aspects.

The Bank undertakes environmental and social screening of each proposed project to determine the appropriate extent and type of Environmental Assessment required. The Bank´s OP 4.01 for Environmental Assessment classifies the proposed project into one of four categories, A, B, and C, depending on the type, location, sensitivity, and scale of the project and the nature and magnitude of its potential environmental impacts.

(a) Category A: A proposed project is classified as Category A if it is likely to have significant adverse environmental impacts that are sensitive, diverse, or unprecedented. These impacts may affect an area broader than the sites or facilities subject to physical works.

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(b) Category B: A proposed project is classified as Category B if its potential adverse environmental impacts on human populations or environmentally important areas--including wetlands, forests, grasslands, and other natural habitats--are less adverse than those of Category A projects. These impacts are site-specific; few if any of them are irreversible; and in most cases mitigatory measures can be designed more readily than for Category A projects.

(c) Category C: A proposed project is classified as Category C if it is likely to have minimal or no adverse environmental impacts. Beyond screening, no further EA action is required for a Category C project.

The MOZALND project has been classified as Category B under World Bank safeguard policy for Environmental Assessment OP 4.01, owing to the nature and characteristic of the proposed subproject activities impacts, which are site specific, temporary, easily manageable with adequate tools and in many cases reversible. Hence, all subprojects activities classified as category A may not be eligible for financing, and as such will not be implemented under this project.

Depending on the project category, a range of instruments can be used to satisfy the Bank's environmental assessment requirements: environmental and social impact assessment (ESIA), regional or sectorial environmental assessment, strategic environmental and social assessment (SESA), environmental audit, hazard or risk assessment, environmental management plan (EMP) and environmental and social management framework (ESMF).

Since the location of the subprojects will not be known before project appraisal, their exactly negative impacts cannot be exactly determined at this stage, however based on the type of activities to be developed they can be identified and generic mitigation measures recommended. For this reason, this ESMF has been prepared to ensure that potential negative environmental and socio‐economic impacts are identified during project screening, prior to approval of individual sub‐projects, and that appropriate measures are set forth to avoid, minimize, or mitigate such negative impacts are in the course of project implementation.

The subcomponent 1.3 – Infrastructure improvement and equipment - from the component 1 and Subcomponent 2.3 - Community delimitation and regularization of land use rights - from component 2 of the project, are likely to interact directly with biophysics and social environmental aspects.

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The World Bank safeguard policies triggered by the project are: OP 4.01 on Environmental Assessment, OP 4.04 Natural Habitats and OP 4.12 for Involuntary Resettlement, as described in detail in Table 4.2

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Table 4. 2: WB Safeguard Policies-key objectives, applicability to Mozland Project

Safeguard Policies Main Objective Applicability to Mozland OP 4.01 The objective of this policy is to ensure that projects financed by APPLICABLE Environmental Assessment the World Bank are environmentally sound and sustainable, Generally, the Land Administration Project (Terra Segura) would provide and that decision making is improved through adequate positive environmental and social benefits. However, the analysis of actions and their possible risks and environmental EA policy is triggered, predicated on (i) project support, under impacts in the natural environment (air, water and land); human components 1 and 2, not only regarding the land regularization, but health and safety; social aspects (involuntary resettlement, mainly for the improvement of the legal framework for land indigenous peoples, and physical cultural resources) and administration and land use planning, including the revision and transboundary and global environmental aspects. harmonization of relevant legal and operational instruments which could directly and indirectly, especially in the context of demarcation and formalization, lead to changes in land use practice, migration and/or influx of newcomers, and increased or shifting pressure on natural resources and deforestation; (ii) project instruments and manuals need to be designed or improved to ensure that protected or fragile areas are properly handled in the land administration system and (iii) Project financing for small scale infrastructure sub-projects some of which could result in environmental and/or social impacts and risks that would require due safeguards consideration. In accordance with OP/BP 4.01 the project is classified as Category B. The ESA will identify all impacts and risks and include an ESMF setting forth the mechanisms and measures to prevent, avoid, minimize, mitigate or compensate potential direct, indirect, and cumulative environmental and social impacts associated with land rights delimitations and regulatory reforms in land use planning. Additionally, since the anticipated scale and magnitude of potential impacts from small scale civil works are expected to be minor, localized and temporary, a generic Environmental and Social Management Plan (ESMP) will be prepared to address environmental and social risks associated with such activities and to provide safeguards guidance for subproject management. Stakeholder engagement and GRM mechanisms will also be developed for application across all program activities and components.

OP 4.04 This policy recognizes that the conservation of natural habitats, NOT APPLICABLE Natural Habitats like other measures that protect and enhance the environment, The project will support the systematic regularization of land rights. The is essential for long-term sustainable development. project will not register land rights in areas designated as protected

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Safeguard Policies Main Objective Applicability to Mozland Therefore, the Bank supports the protection, maintenance and areas by the GoM or in areas of potential environmental significance, rehabilitation of natural habitats and their functions by funding in including forests, areas along riverbanks. its economic and sector work, project financing, and policy dialogue. By funding projects, the Bank expects borrowers to apply a precautionary approach to natural resource management to ensure opportunities for environmentally sustainable development. OP 4.36 The objective of this policy is to harness the potential of forests NOT APPLICABLE Forests to reduce poverty in a sustainable manner, integrate forests Land rights delimitation will not be focused on forests and natural areas. effectively into sustainable economic development, and protect To the extent delimitation involves demarcation of sacred or protected the vital local and global environmental services and values of forests or other areas, which could limit access to livelihood or forest forests. resources, risk of such impacts will be addressed under OP 4.12. Where forest restoration and plantation development are necessary to meet these objectives, the Bank assists borrowers with forest restoration activities that maintain or enhance biodiversity and ecosystem functionality. The Bank also assists borrowers with the establishment and sustainable management of environmentally appropriate, socially beneficial, and economically viable forest plantations to help meet growing demands for forest goods and services.

OP 4.09 The objective of this policy is to minimize and manage the NOT APPLICABLE Pest Management environmental and health risks associated with pesticide use The project does not involve activities that may result in use of pesticides and promote and support safe, effective, and environmentally . sound pest management. It aims to (I) promote the use of biological or environmental control methods and reduces reliance on synthetic chemical pesticides; and (ii) consolidate the legislative powers of the countries and their institutions to promote and ensure a safe pest management, effective and environmentally sound pest management. More specifically, this policy aims, among other objectives to: (a) Determine which activities related to pest management in Bank-financed operations is based on the principles of integration and seek to reduce the use of synthetic chemical pesticides; (b) ensure that the dangers to health and environmental risks associated with pest management,

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Safeguard Policies Main Objective Applicability to Mozland especially the use of pesticides are minimized and can be managed effectively by the user.

OP 4.11 The objective of this policy is to assist countries to avoid or APPLICABLE Physical Cultural Resources mitigate adverse impacts on physical-cultural resources The project will not register land rights in areas or sites of great cultural resulting from development project activities, including significance or cultural patrimony. Execution of the subprojects would be mitigating measures. unlikely to involve large excavation or earth movements of any sort. For the purposes of this policy “physical-cultural resources” are Furthermore, construction and renovation works will be carried out only defined as movable or immovable objects, sites, structures, in existing MITADER premises or areas selected by local people through groups of structures, and natural features and landscapes that a broader consultative process that includes prior, free and informed have archeological, paleontological, historical, architectural, consent that would give great importance to safeguarding their cultural religious, aesthetic or cultural significance. Such resources may resources. Nonetheless, the policy is triggered, predicated on the be located in urban or rural settings and may be above or below assumption that there could be “chance finds”. The generic ESMP will ground or underwater. Their cultural interest may be at local, include national procedures and guidelines to be followed throughout provincial or national level, or within the international project implementation community. OP 4.10 Indigenous Peoples For all projects proposed Bank funding that affect indigenous NOT APPLICABLE peoples, the Bank requires the borrower to undertake free, prior There are no communities in Mozambique that fit to the definition of and informed consultation with affected Indigenous Peoples to Indigenous Peoples as described per the policy. ascertain their broad community support for projects affecting them The project financed by the Bank must include measures to: (a) avoid adverse effects on indigenous populations; or (b) when it is not possible to avoid the effects, minimizes, mitigates, or compensates for such purposes. The projects financed by the Bank are designed with the assurance that indigenous people receive social and economic benefits that are culturally appropriate and adequate gender and inter-generations.

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Safeguard Policies Main Objective Applicability to Mozland OP 4.12 The objective of this policy is to (i) avoid or minimize involuntary APPLICABLE Involuntary Resettlement resettlement, where feasible and explore all viable alternative OP 4.12 is triggered, at this stage, due to small scale civil works that project designs; (ii) assist displaced people in improving their may lead to involuntary land acquisition, so an RPF will be prepared for former living standards, income earning capacity, and that purpose. However, the social assessment will identify potential production levels, or at let in restoring them; (iii) encourage social risks of project activities, including any potential displacement or community participation in planning and implementing resource access restriction impacts that might occur as a result of resettlement; and (iv) provide assistance to affected people project supported activities and/or policy. Based on the results of the SA, regardless of the legality of land tenure. the team will determine whether OP4.12 applies to other types of situations (excluding conflicts between private parties in land titling projects as per footnote 8 of OP 4.12, which will be addressed in the regularization methodology): (1) in which the land rights or uses are affected, particularly if such rights would revert to the Government, in which case the RPF will be adjusted to cover such situations, or (2) in which restrictions to natural resources access would be imposed, in which case a PF would be developed. Even if OP 4.12 is ultimately not triggered for the land regularization activities, the results of the social assessment will provide the basis to support the preparation of comprehensive mitigation or compensation measures that might be needed to address possible impacts from disputes and can be included in the project, as part of the project design, implementation manual and/or as a mitigation action plan, and cross-referenced in the legal agreement. Safety of Dams (OP 4.37 The objective of this policy is to assure quality and safety in the NOT APPLICABLE design and construction of new dams and the rehabilitation of Mozland will not finance construction or rehabilitation of dams. existing dams, and in carrying out activities that may be affected by an existing dam.

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4.3. GAP ASSESSMENT OF LEGISLATIVE STRUCTURE AND RECOMMENDATIONS

Legislative gap assessment is required to verify whether the existing legislative structure in place is adequate for effective environmental management and if these legislative structures support the World Bank’s safeguard policies.

Based on the comparison table 4.3 on Environmental Assessment process, it is clear that the Mozambican legislation provides sufficient basis to manage environmental and social aspects of the proposed activities. It is evident that the relevant institutions are in place to ensure effective implementation and monitoring of the required environmental measures, in compliance with national law and World Bank safeguard policies.

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Table 4. 3: Comparison between national legislation and WB Safeguard policies triggered by the project

Aspect Mozambican Law World Bank OP4.12 Gap or conflict

Impact Assessment • Require screening of subproject • Require screening of subproject N No gap or legal conflict - An EIA is required investments in order to determine EIA category investments in order to determine EIA that may affect the Mozland requirement for to be which level of environmental assessment category to be which level of project implementation infustructure is needed; environmental assessment is needed; activities • Require detailed ESIA for projects with • Require detailed ESIA for projects more significant impacts (Category A), a with more significant impacts (Category simplified EIA study for projects with less A), a simplified EIA study for projects significant impacts (Category B) and no ESIA with less significant impacts (Category studies for projects likely to have minimal or no B) and no ESIA studies for projects adverse environmental impacts (Category) likely to have minimal or no adverse • Require stakeholders consultations during environmental impacts (Category) planning, implementation and operational Require stakeholders consultations phases of the project; during planning, implementation and operational phases of the project RAP - Minimization No requirement to consider all options of project Involuntary resettlement should be No gap or legal conflict of resettlement design in order to minimize the need for avoided where feasible, or minimized, that may affect the resettlement or displacement exploring all viable alternative project Mozland project designs implementation Information and PAPs are required to be meaningfully consulted PAPs are required to be meaningfully No gap or legal conflict Consultation and participate in the resettlement process consulted and participate in the that may affect the resettlement process Mozland project implementation Timing of Compensation implementation takes Compensation implementation takes No gap or legal conflict Compensation precedence before construction or precedence before construction or that may affect the displacement displacement Mozland project implementation Livelihood Requires livelihood restoration program for the Requires livelihood restoration program No gap or legal conflict restoration affected for the affected that may affect the

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Mozland project implementation Grievance Process Requires that a grievance redress mechanism Requires that a grievance redress No gap or legal conflict be set early constituting the representative of mechanism be set early constituting the that may affect the PAPs and, prefers local redress mechanism. representative of PAPs and, prefers Mozland project local redress mechanism. implementation

Owners of Compensation for the market value of the yield, Compensation for the market value of No gap or legal conflict economic trees and including the cost of nursery to maturity (for the yield, including the cost of nursery to that may affect the crops economic tree) and labour maturity (for economic tree) and labour Mozland project implementation Community land Land for land compensation or any other in-kind Land for land compensation or any other No gap or legal conflict with customary compensation agreed to with the community in-kind compensation agreed to with the that may affect the right community Mozland project implementation Statutory and Recommends land-for-land compensation or Recommends land-for-land No gap or legal conflict customary right other form of compensation at full replacement compensation or other form of that may affect the Land Owners cost. compensation at full replacement cost. Mozland project implementation Land Tenants Entitled to compensation based upon the Are entitled to some form of No gap or legal conflict amount of rights they hold upon land. compensation whatever the legal that may affect the recognition of their occupancy. Mozland project implementation Compensation - The Resettlement Decree defines a A project will offer physically displaced No gap or legal conflict Replacement ‘resettlement model’ that includes (but is not persons a choice of options for that may affect the housing limited to): adequate housing with security of tenure Mozland project - At least 3 bedrooms and 70 so that they can resettle legally without implementation m2 surface area; having to face the risk of forced eviction. - Conventional materials; Adequate housing can be measured by quality, safety, size, number of rooms, ESMF

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- Not less than 800 m2 plots in urban areas; affordability, habitability, cultural 5,000 m2 in rural areas; appropriateness, accessibility, security - Establishment of roads, water supply, of tenure and locational characteristics sanitation, electrification; - School, health post, market, shops and other prescribed facilities; and Areas for agriculture, cattle breeding and other activities Vulnerable people The Resettlement Decree prescribes that Where the project involves elements No gap or legal conflict ‘vulnerable and dependent groups’ are (among that are likely to generate impacts, the that may affect the others) to be a focus of socioeconomic studies. project will identify individuals and Mozland project Relevant data is to be collected on the most groups that may be directly and implementation vulnerable groups, elderly, households headed differentially or disproportionately by women, widows and youths. Consultative affected because of their disadvantaged meetings must include or vulnerable status. In such cases, the project will implement differentiated measures so that adverse impacts do not fall disproportionately on them and they are not disadvantaged in sharing development benefits and opportunities. The improvement of The improvement of the displaced persons’ The improvement of the displaced No gap or legal conflict the displaced living conditions should be affected by way of persons’ living conditions should be that may affect the persons’ living allocation of adequate housing with security of affected by way of allocation of Mozland project conditions tenure at the resettlement sites; adequate housing with security of tenure implementation at the resettlement sites Rights to both those who have formal legal rights to land both those who have formal legal rights No gap or legal conflict compensation for or assets that they occupy or use and those to land or assets that they occupy or use that may affect the losses who do not have formal legal rights to land or and those who do not have formal legal Mozland project assets, but have a claim to land that is rights to land or assets, but have a claim implementation recognized or recognizable under national law, to land that is recognized or are entitled to be compensated for the loss of recognizable under national law, are those rights entitled to be compensated for the loss of those rights

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CHAPTER V. IDENTIFICATION OF POTENTIAL ENVIRONMENTAL IMPACTS

A systematic method has been established to identify environmental and social risks and is largely based on traditional risk based approaches. Each potential impact is identified by its root cause (the project activity or action) that will result in an impact (change in status in the natural and social environment, be it positive or negative) on a receptor (the natural environment or community that will be impacted). Based on the above, the potential impacts are defined as either a Positive Benefit or Negative Impact.

Activities that are most likely to result in environmental and social impacts are those related to the subcomponent 1.3 – Infrastructure improvement and equipment - from the component 1 and Subcomponent 2.3 - Community delimitation and regularization of land use rights - from component 2 of the project, as detailed in the next sections of this chapter.

5.1. POTENTIAL POSITIVE IMPACTS

Mozland project will bring numerous positive social impacts to communities, families and citizens who in a regime of good faith or by customary norms and practices are occupying the land. Community delimitation and land use rights regularization will benefit to the land holder for having land security, hence opening opportunities for investment, increased resources protection on regularized land, reduce areas of osseous land and conservation of community land, encourage long-term land management and land use intensification, improved biodiversity conservation. Land regularization will also reduce land related conflicts, will improve planning new developments by the government, and will increase tax revenue from land holders. Investors are given timely information that is essential for decision-making regarding potential investments they wish to make in Mozambique.

5.2. POTENTIAL NEGATIVE IMPACTS

If adequately managed the proposed interventions are not likely to result in significant adverse environmental or social impacts. However, if not carefully designed and implemented, the subprojects, can result in negative environmental and social impacts, particularly those which entail investments in infrastructure development and construction (e.g. provincial offices and district regional offices, modernization of national geodetic network,) and community land delimitation and regularization.

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Environmental aspects or issues related to infrastructure development and Land regularization projects components include the following:

- Physical environment

Mainly affected by physical infrastructure construction. The risks are related to soil erosion that may arise from poor construction management practices, poor waste management practices; water management issues related to water use and effluent management; air quality particularly on dust emissions in construction sites and on transportation, beside emissions as a result of fossil fuel burning. Land regularization may result in intensive soil utilization as no alternative land may be available as a result of massive regularization.

- Biotic environment

Both infrastructure development and land regularization may induce biodiversity and ecosystems fragmentation and depletion – especially if the location of infrastructure is not correctly selected and if land regularization process doesn´t take into account conservation areas partial protection areas established in Land Law Regulation. Land Regularization will open opportunity for projects development that can quickly exhaust the existing resources in demarcated areas and resort to protected areas. On the other hand deforestation activities could occur before land regularization process as some people may seek to stock those resources before formal titles are issued or could lead to greater deforestation from increased economic activity.

- Socio-economic environment

To mitigate environmental and social issues related to land regularization process, it is important that this process takes into account the existing land law and regulation requirements (Land Law Regulation – Decree n.º 66/98,of 8th December; Amendment to the Land Law Regulation (articles 20 and 39) especially as far as partial protection zones is concerned for conservation areas, public infrastructure,

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restrictions, etc. Annex IX provides areas of total and partial protection to be considered during land regularization process.

Other risks associated with the execution of the project are occupational health and safety risks, people influx in project areas, public health, sexual harassment, land use change. The Table 5.1 Identifies activities, environmental aspects and impacts that may arise from Mozland implementation and possible mitigation measures.

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Table 5. 1: Potential environmental and social impacts and proposed mitigation measures

Environmental Causes/Activities Potential Impacts/risk Generic Mitigation Measures Aspect/Issue Terrestrial -Infrastructure development: -Direct impacts will be Fragmentation Recommended measures to prevent and control impacts to wildlife habitat has the potential to have a of wildlife natural habitats and loss of terrestrial habitats during construction: direct and indirect impact on native vegetation species, -Early screening can improve macro-level project site selection so terrestrial biodiversity and introduction of invasive species. as to avoid selecting areas with high biodiversity values, such as ecosystems -Indirect impacts relate to in- critical or natural habitat, areas with high conservation values migration, and induced changes to (HCV), those modified habitats that contain significant biodiversity access for traditional land uses value or provisioning or regulating ecosystem services. (including hunting, fishing, and -Screening should be conducted in sites of local, regional, and recreation). international importance, which may include: nationally and internationally protected areas, Important Bird Areas (IBA), Key -No Major habitat alterations are Biodiversity Areas (KBAs), Alliance for Zero Extinction (AZE) areas, expected since this project will Ramsar Sites (Wetlands of International Importance), along with finance improvements of existing known congregatory sites and unique or threatened ecosystems. infrastructures or construction of -Appropriate site selection for infrastructure development, including infrastructures in urbanized areas. expansion planning, Since the exact location of - The physical demarcation of the areas located close to protected infrastructure is not known it is worth areas will be coordinated with the cadastral surveying to ensure that to highlight potential risks and no land regularization activities take place within these areas under propose generic controlling measures the Project - The methodology for regularization of land use rights includes training and awareness of legal aspects and management of natural resources. Water Quality - Domestic effluent - Surface and groundwater pollution • Establish and respect setbacks and buffer zones in riparian and Aquatic discharge; - Water course siltation due to loosen areas. Fauna - Waste management; sediments in construction areas • Knowledge of the local climate conditions and rain forecast - Incorrect management of -affected aquatic fauna for the year to avoid construction site preparations during rainy hazardous substances, -public health issues and widespread season. including oil, paint of diseases such as diarrhea • Correct management of Hazardous substances and follow contaminated waste; of IFC’s General EHS Guidelines. • Use septic systems for domestic effluent;

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MITADER ESMF for Mozland Environmental Causes/Activities Potential Impacts/risk Generic Mitigation Measures Aspect/Issue - Suspended dust sediments • Rehabilitation of disturbed areas after construction in surface water completion .

Air Quality and - Dust emissions from • Air quality degradation, • Ensure maintenance of equipment used in this project is construction site and • Airborne diseases conducted as per manufacturer’s recommendations vehicles in public roads. • Sensitive receptors to meet air and noise emissions levels - Emissions from equipment provided in IFC’s General EHS Guidelines. for burning fossil fuel (CO2, • Air-quality issues, including management of mechanized SO2, NOx, and PM) construction equipment, should be managed according to -Emissions from diesel recommendations in the General EHS Guidelines for mobile power generators and stationary sources. • Drivers should be instructed on the benefits of driving practices that reduce both the risk of accidents and fuel consumption, including measured acceleration and driving within safe speed limits; • Speed limitation in sensitive areas Noise and Noise emissions from • Noise emissions • Selecting equipment with lower sound power levels · vibration construction equipment • Complaints from the public Installing silencers for fans, • Installing suitable mufflers on engine exhausts and compressor components, • Improving the acoustic performance of constructed buildings, apply sound insulation • Limiting the hours of operation for specific pieces of equipment or operations, especially mobile sources operating through community areas; • Re-locating noise sources to less sensitive areas to take advantage of distance and shielding • Siting permanent facilities away from community areas if possible;

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Environmental Causes/Activities Potential Impacts/risk Generic Mitigation Measures Aspect/Issue • Reducing project traffic routing through community areas wherever possible • Speed limits in sensitive areas

Soil degradation - use of inappropriate • Physical and chemical Soil • Minimize soil compaction, damage, or disturbance by using machinery or earthworks for degradation of soil appropriate land preparation machinery at the right time of year construction site preparation; • Soil Erosion • Plan soil preparation when weather conditions pose the - Poor soil cover/Excessive • Water course siltation lowest risk of causing environmental damage. exposure to wind and rain • Consider erosion management practices (e.g., contour and resulting soil erosion, strip planting, terracing, discontinuous trenching, and grass - Incorrect waste barriers) in sloping areas. management, especially • Plan and control the flow of water from the construction hazardous waste such as area used oil and oil contaminated waste.

Waste - Poor hazardous waste • adverse health, safety and • Do not burn packaging, plastics, or other solid waste. management management (construction environmental impacts (soil and • Dispose waste in designated waste disposal facilities or by waste, and packaging, water pollution) recycling. cleaning material, used paint • Manage solid waste in accordance with the General EHS ) Guidelines or applicable local legislation • Consider large container and/or bulk systems for fuels, oils, paint and other chemicals to reduce the volume of waste containers. • Examine alternative product formulations and packaging (e.g., biodegradable material).

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MITADER ESMF for Mozland Environmental Causes/Activities Potential Impacts/risk Generic Mitigation Measures Aspect/Issue Energy Energy use in infrastructure - Energy resources depletion • Select energy-efficient machinery and equipment (e.g., construction (Excessive energy tractors, ventilation systems, storage systems, cooling consumption) devices). • Train operators to be aware of energy-efficient practices when using machinery (e.g., switching off engines when waiting to load) and when driving.

Land acquisition - Land modification for • Loss of shelter; • Provide fund to infrastructure projects with secure land and and modification infrastructure • loss of assets or access to make sure there are no land use conflicts; of land use - Land demarcation and assets; or • In case relocation or compensation is totally necessary to regularization • loss of income sources or make sure RAP is developed, approved and implemented as means of livelihood, per WB policies and national legislation. • The involuntary restriction • FNDS developed the conflicts management protocol that of access to legally designated should be used in the land regularization / demarcation process parks and protected areas and will be considered in Mozland. resulting in adverse impacts.

Cultural and During construction works, • Lost or damage of cultural or • Finance to projects on sites with high probability of existing archaeological archaeological findings may archaeological sites/heritage critical archaeological findings should be avoided; findings be encountered and which is likely to create conflicts • Assess the potential for existence of physical cultural potentially damaged or with local communities resources during site subprojects screening; broken. Culturally sensitive • If physical cultural resources may be lost, implement full areas (i.e., where cultural site protection; practices occur) may • Make provisions for managing chance finds, salvage, and become affected both by documentation; construction and operation • In other sensitive sites, have experts supervise works, by modifying the construction works and stop work for removal in case findings religious or cultural value of are encountered; a certain area. • Train personnel to recognize findings and notify supervisor;

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Environmental Causes/Activities Potential Impacts/risk Generic Mitigation Measures Aspect/Issue • Control access to site where finding occurred.

Occupational - Physical and chemical • Property loss, • Wear appropriate protective clothing, such as a long- Health and hazards; • Injury sleeved shirt, long pants, hat, gloves, and boots. Safety - Operational and workplace • Death • -Remove or reduce tall grasses, debris, and rubble from hazards; • Occupational diseases around the outdoor work areas. - Machinery and vehicles • Control water accumulation. - Confined and restricted • Use insect repellent. space entry • On-site first-aid equipment (including, for example, • Exposure to organic antivenomous serum) and trained personnel should be dust available, as well as procedures for emergency evacuation. • Risk of fire and • Install fencing and other exclusion methods for larger explosion animals • Biological hazards • Train personnel on hazardous product management, handling, storage and application. Public Health • Contaminated • Public health issues such as -proper waste and effluent management and Safety water and soil will end airborne diseases, water borne up in people’s health diseases through water or fish consumption

Child Labour • Poverty • Poverty exacerbation and • comply with National labour legislation that establishes a • Cheap labour growing number of uneducated minimum working age; • Kids without occupation children • Comply ILO Conventions and the UN Convention on the Rights and hunger for huge • Increased number of cases of of the Child (1989), profit for contractors occupational diseases and • Poverty alleviation; educating children; providing support reduced number of life services for working children; raising public awareness; and expectancy promoting elimination of abusive child labour through national and international measures

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MITADER ESMF for Mozland Environmental Causes/Activities Potential Impacts/risk Generic Mitigation Measures Aspect/Issue Gender • Cultural reasons; • Exacerbate gender unbalance; • promote equal job and land regularization opportunities for both unbalance • Lack of access to • Female’s high levels of genders; information; unemployment and low payment • equal salary and benefits for similar job and position • Prioritization of one • Female´s neglected during land • equal opportunity in finance access for projects development gender in land regularization regularization process and in job opportunities; • Productivity risk of employing female gender; Cultural • Contractor’s workers • Sexual disease transmission • Prioritize local people for job conflicts, sexual living in camps close to (high rate) • Induction of construction employees about local cultural habits, harassment, communities for long • Degradation of local moral values moral values and sexual transmissible diseases; sexual sexual disease periods, harassment; transmission • General influx to the • Clear disciplinary measures for sexual harassment situations project areas High influx of • Job opportunities; • Overloaded capacity of existing • Correct dissemination of information about job and business people in project • Business opportunities public infrastructure; opportunities; areas • Land regularization • High criminal records • Prioritize locals in the existing job opportunities; • Worse water supply and • Continuous interaction between the project and locals to ensure sanitation conditions expectations are correctly managed. Partial and Total • Land regularization and • Invasion of partial and total • Respect buffer zones to conservation areas, water bodies and protection areas Land demarcation protection areas, issuing DUATs public infrastructures established in Land Regulation including process in these areas that could result in • Use images with high resolution during demarcation process; conservation land use conflict and equipment (GPS) with pre-marked protection areas to areas minimize margin for errors. • Take coordinates of the areas to be demarcated and plot them in as map with clear boundaries of conservation areas, partial and total protection areas, prior to demarcation process to ensure conservation areas are not encroached or no Land rights are issued in those areas;

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Environmental Causes/Activities Potential Impacts/risk Generic Mitigation Measures Aspect/Issue • Involve conservation areas authorities whenever land regularization process is going to take place in districts partially covered by conservation areas. • Map conservation areas and include coordinates in GPSs being used in the field to trigger alarm when the demarcation is approaching to conservation areas.

Additional social risks on MozLand project implementation have been identified under the social impact assessment and should be mitigated through land use rights regularization methodology and communication strategy that should consider different target groups at, district and community level.

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5.3. CUMULATIVE IMPACTS

The sum of impacts from implementation of many subprojects in an area may result in biophysics and social cumulative impacts, regardless of their size. Cumulative impacts are those that may result from individual small‐scale activities with minimal impacts but which overtime can combine to have a significant impact. Mozland will promote activities that will have a series of positive cumulative impacts including good land management, improved land use planning, ameliorated community natural resources management and conservation, boost socio-economic development, minimize land conflicts and land security. However, if not well managed the project could result in significant negative cumulative impacts such as: increased depletion of natural resources, productive land unavailability for future projects, land acquisition/occupation rush, intra-familiar social conflicts due to fight for possession of land title, uncontrolled rural land transmission/negotiations resulting in landless families, hence exacerbating poverty status among rural people. The screening process should identify as far as possible potential cumulative impacts of activities related to the proposed subprojects, including taking into account other projects already under implementation such as MozBIO, MozFIP, SUSTENTA, ZILMP, MozDGM.

Communication campaigns in the project target areas are fundamental to ensure the desired outcome of the project and enhancement of the benefits.

5.3 CONTINGENT EMERGENCY RESPONSE COMPONENT (CERC)

The CERC is designed to provide swift response in the event of an Eligible Crisis or Emergency through a portion of the undisbursed project funds to address immediate post-crisis and emergency financing needs. The CERC may be used following natural disasters or other crises and emergencies, allowing funds to be reallocated from other components of the project. In the event of an emergency event, it is not anticipated that a reallocation of project funds will cause serious disruption to project implementation. The FNDS will be the implementing agency for the CERC. Activities under Component 4 will be governed by the World Bank Directive Contingent Emergency Response Components (CERC) (October, 2017). Disbursement of emergency financing under the CERC will be contingent upon: a) the recipient establishing a nexus between the disaster event and the need to access funds to support recovery and reconstruction activities (an “eligible event”); and b) submission to and no objection granted by the World Bank of an Emergency Action Plan (EAP). The EAP will include a list of activities, procurement methodology and safeguards procedures.

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The EAP will require consideration of safeguard implications for any proposed emergency supplies procurement or reconstruction activities. The World Bank, through the no objection process, will closely examine the nature of the proposed activities, particularly those involving civil works, to ensure (i) that they are not prohibited under the negative list and (ii) that the recipient is aware of the required safeguard compliance documentation before initiating the process by which the proposed works will be prepared and implemented.

Emergency activities financed under the CERC will involve financing provision of critical goods or emergency recovery and reconstruction works and it is likely these will fall into Category B or C. Activities that fall under Category C could involve procurement of emergency supplies such as medicine and water and do not require the application of safeguard instruments, post-screening or assessment. Other emergency supplies, such as fuel products, will require safeguard instruments (such as Environmental Codes of Practice or EMPs) to ensure procurement, storage and dispensing procedures are adequate.

Preparation of the EAP will take into account to this ESMF and safeguard instruments will require World Bank approval prior to commencement of activities. Importantly, the EAP will need to include procedures for:

• Consultation and disclosure; • Integration of mitigation measures and performance standards into contracts; and • Supervision/monitoring and reporting measures to ensure compliance.

In order to ensure that CERC subproject activities comply with the requirements of the Bank’s Safeguard Policies, a positive and negative list has been developed to provide guidance on critical imports and/or for emergency works, goods or services which may be eligible for financing. Further guidance will be detailed in the Finance Agreement (FA) and CERC Operations Manual (OM).

5.3.1 CERC Positive List

The purpose of the positive list is to indicate the types of critical imports and emergency works following a loss and needs assessment that would be acceptable to the Bank to be financed under Component 4 (CERC). Project funds allocated to the CERC Disbursement Category may be used to finance any expenditure of the Recipient that is consistent with the FA provisions. The following subproject or activities will be deemed eligible under the CERC:

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Critical Imports: Eligible expenditures on critical imports required by the public/private sectors (imported or locally manufactured) under the CERC include:

• Construction materials, equipment and industrial machinery • Water, air, land transport equipment, including spare parts • Purchase of petroleum and other fuel products; • Any other item agreed to between the World Bank and the Recipient (as documented in an Aide- mémoire or other appropriate Project document)

Emergency Sub-projects: Eligible expenditures for emergency sub-projects initiated following the Declaration of a National Emergency/Disaster in response to damage, losses and needs caused by an event are as follows: • Repair of reconstruct streets, roads, bridges, transportation and other infrastructure damaged by the event that may affect the project continuation; • Re-establish telecommunications infrastructure damaged by the event; • Re-establish drainage systems damaged by the event; • Remove and dispose of debris associated with any eligible activity; 5.3.2 CERC Negative List

Sub-projects with the following potential impacts will not be eligible for financing under the CERC component or the parent project: • involve the significant conversion, clearance or degradation of critical natural habitats, forests, environmentally sensitive areas, significant biodiversity and/or protected conservation zones; • will cause, or have the potential to result in, permanent and/or significantly damage to nonreplicable cultural property, irreplaceable cultural relics, historical buildings and/or archaeological sites; • will negatively affect rare or endangered species; • will result in large-scale involuntary land acquisition or significant physical displacement of affected communities, or relocation of Indigenous Peoples that would restrict or cease their access to traditional lands or resources; • do not meet minimum design standards with poor design or construction quality, particularly if located in vulnerable areas;

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• Require or involve: o o purchase, application or storage of pesticides or hazardous materials (e.g. asbestos); o building a dam, structures that will alter coastal process or disrupt breeding sites such as retaining walls or seawalls; o sand mining or land reclamation; o land that has disputed ownership, tenure or user rights; or o a higher proportion of funding than is available.

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CHAPTER VI. SUB-PROJECTS SCREENING, REVIEW AND APPROVAL

This section outlines the screening, review, and approval process for activities to be financed under the Mozland. As the locations for the subprojects are not clearly identified at this stage, it is important to have the appropriate tools in place to assist the project implementing agency in screening these activities for potential impacts and to provide guidelines for implementing measures to effectively address them. The proposed screening, review, appraisal, implementation and monitoring and evaluation process is illustrated in Table 6.1.

Table 6. 1: Steps and responsibilities (in accordance with the institutional arrangement for the implementation of ESMF)

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No Steps / Activities Responsible Support Service Provider contract approval of the agreement contractor’s ESMPs Training of actors in the FNDS- • WB • Consultants implementation of Safeguard team • • Competent ESMP Public institutions Execution / Service • FNDS safeguard team • Consultants 5.Project implementation of non- Providers for • • NGOs Execution contractual measures Land services • Others with the construction and Contractors company ; Internal monitoring of FNDS • Specialist in Monitoring and • Contractor 6. the implementation of Evaluation (M&E) Environmental environmental and • Financial manager and social social measures • Local Authority monitoring • Disclosure of internal Project's • E&SS / EIP monitoring report coordinator • Communication External monitoring of FNDS • Project's coordinator, • Independent / the implementation of DEPTADER, WB External A & S measures • Consultant Environmental and FNDS • NGOs • Laboratories / social monitoring • Local authorities Specialized Centers • NGOs Audit of the FNDS/WB • WB, • External implementation of • DPTADER, auditors ESMPs • Local Authority

6.1. SCREENING AND REVIEW PROCESS

a) Screening of sub-project activities

FNDS has developed and tested screening tools that were found to be acceptable by the Bank. Such tools will be used and adapted for the context of this project. Once a sub-project activity is defined and the location selected, a screening form will need to be filled out by the project´s safeguard team member. The form will allow for identification of the potential environmental and social impacts associated with the proposed activity. The Screening Checklist will provide information about the proposed subproject activities (type and scale), the environmental and social conditions of the proposed subproject area and any concerns / expectations. This information will assist in the identification of the nature and magnitude of the potential

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environmental and social impacts and risks, which in turn will be the basis for the subproject categorization by the FNDS Safeguard Team. The FNDS central Safeguards specialist will revise the Screening Checklist for project categorization. As per WB OP4.01 and the foreseen categorization based on the EIA regulation. The final screening form will be submitted to the WB for review and approval. Each subproject to be submitted for financing will have to be screened using the screening form provided in Annex II. b) Scoping and field Appraisal

Based on the information provided in the screening form, the reviewer (i.e., the FNDS safeguard specialist and relevant environmental authority) will make a decision as to whether the sub-project will require a more detailed investigation of the impacts through a field appraisal. Data gathering will be achieved through observation and use of professional expertise; in some cases, interviews with local people could provide information regarding human use values and/or environmental significance.

As part of the field appraisal, the Proponent shall identify the major stakeholders/community groups within the affected area that are likely to be affected. A list of potentially affected groups will be compiled and appended to the appraisal report.

c) Assessment and subproject categorization

Based on the screening form and field appraisal (when required), the impacts will be classified based on their risk category and a decision is made as to whether the sub-project will:

i. Require an independent simplified EIA Study, since the impacts qualify as being significant but manageable, and may result in land acquisition and/or involuntary resettlement; ii. Require only an EMP, since the impacts are not significant and can be easily addressed through the implementation of a mitigation and management plan during construction and operation of the sub-project; or iii. Not require any safeguard measures, as the impacts are considered minimal and can be managed through the existing ESMF.

For sub-projects considered to be of a high risk or Category A as per World Bank Operational Policy on Environmental Assessment (OP 4.01), the Mozland safeguard team will reassess the location and design of the sub-project to identify alternatives that might minimize or avoid these potential environmental and

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social impacts. If an alternative is not feasible, then the subproject activity will not be implemented under this project.

6.2. APPRAISAL, ENVIRONMENTAL MANAGEMENT TOOLS AND MONITORING PROCESS

6.2.1 Appraisal and environmental and EIAs requirements

After analyzing the data contained in the environmental and social screening form and after having assigned an environmental category and level of assessment needed, the Mozland Implementation Unit will make a recommendation to the Environmental Authority establishing whether:

(a) No environmental assessment will be required, this ESMF is sufficient; In this case Good Practices guide shall be adapted by FNDS for these subprojects. This document shall contain a compilation of basic environmental and social mitigation measures to be implemented during construction and operation of a subproject classified as Category C. The ESMP Good Practices Guide prepared by FNDS shall be included in Bidding Documents and be attached to the Contract, as well as the Contractor’s Code of Conduct. (b) The implementation of mitigation measures through an ESMP (and associated management plans, i.e. Resettlement Action Plan) will be enough; This is in cases where MITADER classifies a subproject as Category C, while the WB categorizes it as B. FNDS will be responsible to prepare the ESMP based on ToR guidelines presented in in Annex IV and ESMP content in Annex V. The ESMP shall provide information related to the project as well as the site’s environmental and social conditions, practical mitigation measures to manage impacts identified in the Screening Checklist, clearly identifying the responsibilities for its implementation. The preparation may involve participation of the key stakeholders of the proposed subproject, including local authorities and interested and affected communities. The ESMP will be attached to the bidding documents.

(c) A separate Simplified Environmental Study - SES is required. For activities classified as Category B by the DPTADER, the FNDS Safeguard Team shall prepare Terms of Reference for the appointment of an independent consultant to carry out the Simplified Environmental Study (SES), which shall include ESMP. In Mozambique, only consultants licensed by the Environmental

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Assessment Authority (MITADER) may carry out environmental assessment studies (Art. 23 –decree 54/2015). The TORs shall take into consideration potential impacts and risks identified in the Screening Checklist as well as in chapter 5 of the present ESMF. The structure and content of the SES shall be as per the requirements detailed in the EIA Regulation (Decree. Nº54/2015). The Public Participation Process shall follow the General Directive of the Public Participation Process (Ministerial Diploma nº.130/2006). In addition to the EIAR’s requirements for the ESMP (part of the Simplified ESIA), the WB’s requirements for the ESMP shall also be fulfilled. The TORs for the Simplified ESIA shall be submitted to the World Bank’s Environmental and Social Safeguard specialist for review and issue of a no-objection response. The FNDS Safeguard Team will review the Simplified ESIA and submit it to the WB for no-objection, prior to submission to the DPTADER. The FNDS shall subsequently adapt this ESMP to meet WB requirements. The Contractor shall demonstrate compliance with the ESMP, which will be included in the bidding documents and in the contract. The project will only start after the environmental licensing fee has been paid and environmental license issued.

(a) Criteria for Approval

For those EIAs and that meet the country’s EIA requirements and World Bank OP 4.01, an environmental license can be granted. For those EIAs that do not meet the country’s EIA requirements and World Bank OP 4.01, an environmental permit will be rejected, or asked to reformulate the subproject and EIA for re- submission based on recommendations of the rejected EIA review report. As emphasized in the World Bank’s guidelines, a sub-project should not be approved and funded until such reports are received, approved, and disclosed.

(b) Disclosure of Sub-project Information

In compliance with World Bank guidelines and EIA regulation in Mozambique, before a sub-project is approved, the applicable documents (EIA, EMP, and/or RAP) must be made available for public consultation at a place accessible to local people (e.g., at a Municipal office, District Administration office, Administrative post, DPTADR) in a form, manner, and language they can understand.

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6.2.2. Environmental and Social Bidding and Contract Requirements

The Environmental and Social Management Instruments described above will provide the basis for the preparation of the Environmental, Social, Health and Safety (ESHS) Requirements to be included in Bidding Documents for Works, as per the WB´s Standard Procurement Document, based on WB’s Environmental, Health and Safety Guidelines EHS Guidelines that all subproject should consider

https://www.ifc.org/wps/wcm/connect/topics_ext_content/ifc_external_corporate_site/sustainability-at- ifc/policies-standards/ehs-guidelines.

The ESMP or Good Practices Guide will be attached to the Bidding Documents, as well as a template with the Health and Safety clauses that are required to be included in the bidder’s Code of Conduct. The Terms of Reference for Works shall specify the need to address the ESHS measures contained in those documents.

A Contractor’s ESHS Code of Conduct shall be applied to all contractors and subcontractors’ workers and it will be the responsibility of the contractor to prepare his Code of Conduct and submit to FNDS for approval.

During the bidding process, the bidder will be requested to prepare an ESHS Management Plan to demonstrate his capacity for implementation of the ESMP or Good Practice Guide - and to submit an EHS Code of Conduct. The following documents shall be attached to the contract:

(i) ESMP or the ESM Good Practice Guide - The Bidder shall submit its Code of Conduct that will apply to Contractor’s Personnel, to ensure compliance with its Environmental, Social, Health and Safety (ESHS) obligations under the contract and to manage risks associated with: labour influx, spread of communicable diseases, sexual harassment, gender-based violence, sexual engagement with minors, illicit behavior and crime and maintaining a safe environment, amongst others identified by the contractor. The Bidder shall detail how this Code of Conduct will be implemented including how it will be introduced into conditions of employment/engagement, what training will be provided, how it will be monitored and how the Contractor proposes to address any breaches.

(ii) Approved Contractor’s ESHS Management Plan - The Bidder shall submit ESHS Management and Implementation Plans to manage the key Environmental, Social, Health and Safety (ESHS) risks including a Traffic Management Plan to ensure safety of local communities from construction traffic; a Water Resource Protection Plan to prevent contamination of drinking water; a Bio-diversity Protection and a Strategy for obtaining Consents/Permits prior to the start of relevant works such as opening a quarry or

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borrow pit. The Contractor shall be required to submit for approval, and subsequently implement, the Contractor’s Environment and Social Management Plan (C-ESMP).

(iii) Approved Contractor’s ESHS Code of Conduct - The Bidder shall submit its Code of Conduct that will apply to Contractor’s Personnel, to ensure compliance with its Environmental, Social, Health and Safety (ESHS) obligations under the contract and to manage risks associated with: labour influx, spread of communicable diseases, sexual harassment, gender-based violence, sexual engagement with minors, illicit behavior and crime and maintaining a safe environment, amongst others identified by the contractor. The Bidder shall detail how this Code of Conduct will be implemented including how it will be introduced into conditions of employment/engagement, what training will be provided, how it will be monitored and how the Contractor proposes to address any breaches. Annex VIII provides a set of recommended contract clauses to include in contractor agreements.

6.2.3 Monitoring and Reporting of Subprojects Management Plans Implementation

(a) Monitoring objectives

Supervision of the ESMP, along with other aspects of the project, will include monitoring, evaluative review and reporting in order to achieve, among others, the following objectives:

• determine whether the project is being carried out in conformity with environmental and social safeguards and legal agreements;

• identify issues as they arise during implementation and recommend means to resolve them;

• recommend changes in project concept/design, as appropriate, as the project evolves or circumstances change; and

• Identify the key risks to project sustainability and recommend appropriate risk management strategies to the Proponent.

An example of ESMP Monitoring plan is presented in annex VI.

(b) Monitoring schedule and responsibilities

An appropriate environmental supervision plan will be developed aiming to ensure the successful implementation of the ESMP. Project monitoring will follow the following schedule and roles and responsibilities:

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• Monthly or as required - The Project Implementation Unit – FNDS at provincial levels, in collaboration with relevant authorities will be responsible for regularly visiting the subprojects’ sites to monitor for compliance of mitigation measures set out in the ESMF and associated management plans. Compliance monitoring comprises on-site inspection of construction activities to verify that measures identified in the ESMPs and included in the clauses for contractors are being implemented. This type of monitoring is similar to the normal technical supervision tasks ensuring that the Contractor is achieving the required standards and quality of work.

• Quarterly - FNDS central safeguard team will monitor the implementation of the environment mitigation measures identified during the project approval to determine compliance status. A monitoring report should be issued after the site visit and the contractor informed about any deviation identified. The quarterly audit report should be submitted to the World Bank.

• Annually - the Project Implementation Unit will develop a global assessment of subproject performance in social, environmental and natural resource management as part of the Project’s overall monitoring program. A socio-environmental audit will also be carried out during the midterm mission of the project. This will be external via external consulting.

The Project safeguard coordination should consider the environmental and social criteria that require measurement. A list of initial proposals is given below. Using this list of criteria, a set of indicators can be integrated from the screening forms used in the subproject approval process; this will ensure flexibility at the project design stage, integration of monitoring considerations throughout the project cycle, as well as a participatory approach to environmental and social monitoring.

The key issues to be considered in the subprojects monitoring include monitoring of water quality parameters, biodiversity, disturbed areas, health, and population influx, and environmental awareness among contractor´s employees, safety incidents, community complaints, etc. Monitoring and surveillance of micro‐projects will take place on a ʺspot checkʺ basis. The spot checks consist of confirming the establishment of mitigation measures. It is suggested not to collect large amounts of data, but rather to base monitoring on observations by project technicians and stakeholders to determine the trends in indicators.

(d) Monitoring of participation process

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• Number and percentage of affected households consulted during the planning stage: • Level of participation of affected people in decision‐making; • Level of understanding of project impacts and mitigation; • Effectiveness of local authorities to make decisions; • Frequency and quality of public meetings; • Degree of involvement of women or disadvantaged groups in discussions • Number of grievances raised and addressed by the project (e) Annual Monitoring Reports

Once implementation of the sub-project has started, regular supervisory missions should be carried out (by the Environmental Specialist or contracted out to a Consultant) in sequences and frequencies stipulated in the Project Implementation Schedule, and an annual monitoring report shall be submitted to executing agencies (FNDS)

The purpose of these reports is to provide:

• A record of Project and sub-project transactions;

• A record of experience and issues running from year to year throughout the Project that can be used to identify difficulties and improve performance; and

• Practical information for undertaking an annual review.

Annex VI provides a recommended content for the Annual Report.

(f) Midterm reviews

An independently commissioned environmental and social audit will be carried out in midterm. The audit team will report to Project Coordination and the WB, who will lead the implementation of any corrective measures that are required. This audit will ensure:

• The ESMF process is being implemented appropriately,

• Mitigation measures are being identified and implemented.

The audit will be able to identify any amendments the ESMF approach that are required to improve its effectiveness. It will also provide a strong incentive for the Mozland project to ensure that the ESMF will be implemented, and the individual ESMPs will be developed and implemented.

An annual audit report will include:

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• a summary of the environmental performance based on EIAs, if required, and ESMF;

• A presentation of compliance and progress in the implementation of the subproject ESMPs;

• Number of staff/officers trained in implementation of the ESMF;

• Number of relevant Municipal and/or Province Offices’ staff attending training courses and workshops in ESMPs and EIA;

• Number of written warnings of violation of ESIAs/ESMPs issued to project proponents;

• A synopsis of the environmental monitoring results from individual subproject monitoring measures (as set out in the subproject EIA/ESMPs).

6.4. GRIEVANCE REDRESS MECHANISM

Grievance redress mechanisms are a way to provide an effective avenue for expressing concerns and achieving remedies for communities, promote a mutually constructive relationship and enhance the achievement of project development objectives. Mozland subprojects are likely to raise community conflicts that may require to be addressed.

Grievance redress mechanisms serve as a way to prevent and address community concerns, reduce risk, and assist larger processes that create positive social change.

Open dialogue and collaborative grievance resolution simply represent good business practice—both in managing for social and environmental risk and in furthering project and community development objectives.

6.4.1 Situating a Grievance redressing mechanisms

People adversely affected (or about to be affected) by a development project will raise their grievances and dissatisfactions about actual or perceived impacts in order to find a satisfactory solution. These grievances, influenced by their physical, situational (e.g., employment), and/or social losses, can surface at different stages of the project cycle. Some grievances may arise during the project design and planning stage, while others may come up during project implementation. Not only should affected persons (APs) be able to raise their grievances and be given an adequate hearing, but also satisfactory solutions should be found that mutually benefit both the APs and the project. It is equally important that APs have access to legitimate, reliable, transparent, and efficient institutional mechanisms that are responsive to their complaints.

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6.4.2 Established procedures and time frame for Grievance Redress Mechanisms

There is no ideal model or one‐size‐fits‐all approach to grievance resolution. The best solutions to conflicts are generally achieved through localized mechanisms that take account of the specific issues, cultural context, local customs, and project conditions and scale.

In its simplest form, a grievance mechanism can be broken down into the following primary components:

• Receive and register a complaint using the form in annex X. • Screen and validate the complaint. • Formulate a response. • Select a resolution approach, based on consultation with affected person/group. • Implement the approach. • Settle the issues. • Track and evaluate results. • Learn from the experience and communicate back to all parties involved.

The figure below provides how a grievance should escalate if not addressed at community level. This is how FNDS is addressing grievances for the existing projects, and so will be for Mozland.

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Figure 6. 1: Grievance redressing procedure The grievance should be addressed at community level, as first line of intervention within 15 days after grievance has been raised. If the grievance is not immediately addressed at community level, the following steps should be followed:

(i) FNDS Social Safeguards Specialists assistance may be sought as a second level recourse. Finally. The complaint should be settled within 20 working days. (ii) Should a case not be resolvable internally, it may be referred by FNDS to an independent mediator for resolution. The complaint should be settled within 20 working days. (iii) Should affected persons not be satisfied by the informal process used, or if the nature of the complaint requires higher level appeal, national legislation provides for making complaints in various sectors at the highest levels of Government such as National Directors and Ministers. (iv) In addition, should either party be dissatisfied, the affected party may bring the complaint to court, where it will be treated in accordance with Mozambican law.

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FNDS, will ensure that a centralized "Complaints Register" is maintained through the existing platform. The complaint records should contain: i) the complainant's contact details and information on the complaint itself, ii) the results of investigations and responses provided, , iii) necessary follow-up actions and v) internal communications made in response to complaints and the outcome.

6.4.3 Channels to Be Used by Aggrieved Communities

The main channels that can be followed by aggrieved community members who wish to register a claim, complaint, dispute or other grievances are the following;

• Direct verbal complaint to the project developer;

• Complaint book: which may be maintained by Community Committee Secretaries at community level. This book is accessible to every member of the community within the subproject implementation area. This will be a duplicate book where community members may write down their complaints;

• Mobile phone: a mechanism of direct interaction for lodging a complaint. This channel can be used in both official (Portuguese) and local language;

• E-mail: this is an option for complainants with e-mail connection.

• Community meetings

These channels are to be discussed first with community representatives and modified as required. They must be explained to community members at general community meetings according to project´s communication and engagement strategy.

The subprojects should appoint someone responsible for community issues –Community Liaison Officer (CLO), who will on weekly bases check the complaint book in the community and will be directed all other communication channels. He will be in contact with community leaders more often and will be responsible in reporting grievances to subproject proponent and liaise with GRC.

6.4.5 Appointing members of Grievance Redress Committee at community level (GRC)

Generally, all project staff, management staff of agencies involved in the project, and government administrators will take on grievance handling as a responsibility. The GRC members should be qualified, experienced, and competent personnel who can win the respect and confidence of the affected communities. It is also important to maintain a gender balance within the GRC members. Criteria for selecting members of GRC could include the following: ESMF 73

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• Knowledge of the project, its objectives, and outcomes; technical knowledge and expertise, e.g., irrigation, engineering, geological, legal, to understand project design and requirements; • Understanding of the social, economic, and cultural environments and the dynamics of the communities; • Capacity to absorb the issues dealt with and to contribute actively to decision making processes; • Social recognition and standing; and • An equitable representation of males and females.

The members of the GRC at local level for Mozland shall include the local administration representative –chief of the administrative post – chair person, community tribunal members, a technician from District department for land use planning and infrastructure -secretary, the community leader, a member of a recognized nongovernment organization in the area, a community representative and grievance redress focal point for the project.

The GRC has the right to request the project technical staff, and officers from relevant state or non- state institutions to attend the meetings and provide information.

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CHAPTER VII. PUBLIC CONSULTATION AND DISCLOSURE PROCESS

7.1. PUBLIC CONSULTATION PROCESS IN THE ESMF

A stakeholders mapping was conducted to identify people who can provide important inputs into the ESMF. For Mozland project, the key stakeholders identified are presented in the Table 7.1. Interactive discussions were held with some of them about the project during the ESMF development, discussing issues related to the project and current environmental and social safeguard practices in the country.

Consultation meetings on the project´s ESMF were held in the three provinces, Nampula, Tete, Maputo, with the participation of members of the district consultative councils, including representatives of district government, local authorities, civil society and the private sector. The minutes of these meetings and the lists of attendees are included in Annex I. The table 7.2 presents the meeting dates, locations and number of participants.

Table 7. 1: ESMF consultation meetings held for Mozland Project

Date Location Type of meeting Number of participants 25th August Maputo – Matutuine Consultation Meeting 20 29th August Nampula – Meconta district Consultation Meeting 32 31st August Tete – Moatize District Consultation Meeting 50

Key issues presented in the meetings area related to demarcation of public infrastructure areas, such as schools and health centres, as it is becoming common people encroaching to those areas. They also recommended for a decentralized process to issue DUAT, as the current process is very slow, that even for a residential plot the process must be approved at provincial level. They also suggested that the existing grievance redressing mechanism at the community level should be integrated to the project. A recommendation was made to ensure local consultations before the subprojects kick off to ensure everybody is aware.

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Consultation process is continuous and the project has foreseen a communication strategy of stakeholder’s engagements throughout the implementation phase

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Table 7. 2: Key stakeholder met during ESMF preparation Province City/District Contact Function/role in the organization Cell e-mail Person contact Maputo Maputo Jose Correia & Julio FNDS – Mozland project & Administrator 848575535 [email protected] Costa Project Manager /84313729 & [email protected] 7 Maputo Maputo Remigio Timbrine FNDS – Land specialist 844284480 [email protected]. mz Maputo Maputo Adérito Wetela DINOTER National Director Maputo Maputo Joao Carrilho Research Center Director 823049180 [email protected]

Maputo Maputo Odete Mugumela DINAT - Jurist [email protected] m

Maputo Maputo Lazaro Matlava DINAT –Land Demarcation [email protected] Maputo Maputo Cremilde Manjate DINAT – Head of department of Cadastre 828863250 [email protected] m

Maputo Maputo Julio Costa SUSTENTA -coordinator 843137297 [email protected] Maputo Maputo Paulo Sithole World Bank Safeguard team Maputo Maputo Sonia Nordez FNDS Safeguard team 827712840 [email protected] Maputo Maputo Josefa Jassur DINAB – Environmental Licensing Department Nampula Nampula Francisco Sambo DPTADER – Provincial Director 8454440045/823 898410 Nampula Nampula Criatiano Macario Head of Department of Geography and Cadastre Nampula Nampula Felicidade Muiocha SUNTENTA focal point 828317580 [email protected] ov.mz Nampula Meconta Moura Jorge District Administrator Nampula Nampula Danilo Land officer- Sustenta Nampula Nampula Cristiano Pires Safeguard officer - Sustenta Tete Tete Victor Poio DPTADER – Provincial Director 843110000 Tete Moatize Maria José District Administrator

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7.2. PROPOSED DISCLOSURE PLAN

For projects such as the Mozland the World Bank procedures require that safeguard documents be prepared and publicly disclosed prior to project appraisal. This allows the public and other stakeholders to comment on the possible environmental and social impacts of the project, and the appraisal team to strengthen the frameworks as necessary, particularly measures and plans to prevent or mitigate any adverse environmental and social impacts.

Toward this end, this document will be publicly released through the World Bank’s InfoShop and in FNDS website and other relevant public locations throughout the country (DPTADER, SDPI, SDAE). The documents should be made available in English with executive summary in Portuguese in compliance with the World Bank’s Public Consultation and Disclosure Policy.

Simplified Environmental Studies (SES) and Environmental Management Plans (EMPs) prepared for subprojects under the Mozland Project will also need to be disclosed to the public. Copies of the SES and EMPs should be made available to communities and interested parties in accessible locations through local government authorities, (e.g., local councils, Municipality offices) and public consultations held as per the national EIA regulation. Copies of the EMPs should also be provided to the implementing agencies and submitted to the World Bank. This will ensure record keeping of all activities implemented under the ESMF and ensure that third party audits have adequate information when undertaking annual environmental audits.

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CHAPTER VIII. CAPACITY BUILDING AND TRAINING

For a successful implementation of the guidelines and recommendations in the ESMF, it is important to ensure that target groups and stakeholders who play a role in implementing the ESMF are provided with the appropriate training and provisions. FNDS has got a project implementation unit with extensive experience in implementation of safeguard documents for similar project. The WB has been supporting the strengthening of capacity of the FNDS safeguards team. In 2017, one national and four regional safeguards training workshops were administrated to FNDS and other institutions including provincial and district government and service providers. In addition to complying with WB policies and guidelines, the FNDS has to implement the project and subprojects according to national legislation. Therefore DINAB, Agency for Environmental Quality -AQUA, DPTADERs and local institutions were also trained to help improve both the awareness of safeguards policies, as well as of other crosscutting issues related to gender, the inclusion of vulnerable groups, and the understanding of how to implement mitigation measures. Currently undergoing projects, such as Sustenta, MozFIP, MozBio and Landscape projects continue to support the improvement of capacity and systems of the FNDS, beside the use of coaching approach and on-the-job training to address specific issues and gaps.

8.1 STRENGTHENING OF PROJECT CAPACITY FOR IMPLEMENTING THE ESMF

Although FNDS has got a strong safeguard team, it is important that a safeguard specialist is appointed for Mozland project PIU, due to the specifications of the project, and territory covered by the project. Each provincial PIU will have one safeguard specialist, so there will be 10 provincial safeguard specialist. These specialists will work in coordination with government entities (DPTADER, SDPI, SIDAE). These will be coordinated from central PIU, which will have 2 environmental specialists, 1 social and 1 community development specialists.

These appointment will ensure that there is adequate capacity to implement and monitor the performance of the Mozland ESMF and other safeguard documents.

Central level safeguard team responsibilities will be: • Preparing, together with the implementing entities, of annual work programs and budgets; • Monitoring project progress as it relates to compliance with the ESMF guidelines, resolving implementation bottlenecks, and ensuring that overall project implementation proceeds smoothly;

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• Collecting and managing information relevant to the project and accounts (i.e., environmental monitoring and audit reports); and • Ensuring that the implementing bodies are supported adequately and that they adhere to the principles of the project, specific to compliance with ESMF guidelines. Provincial level safeguard teams attributions include: • Conduct subproject screening on the ground and revert to the central level; • Verify on the ground how projects are being developed; • Manage day to day environmental and social issues that may rise from the project implementation, including grievances; • Conduct at local level training to the subprojects proponents on environmental and social safeguard requirements and support the projects, • Collect data required for monthly reporting.

8.2. TRAINING OF MOZLAND ENVIRONMENTAL AND SAFEGUARD UNIT

It is highly recommended that the PIU as a whole be provided with a training workshop to understand the requirements of this ESMF, and be able to successfully implement the ESMF. This training will ensure that the coordination unit is able to manage and monitor the environmental and social aspects of the Mozland activities. The workshop should take place as part of the project preparation. The workshop can either be conducted by an external consultant or someone within FNDS and WB with knowledge on the environmental management requirements for Mozambique, including substantial knowledge on World Bank safeguard policies and requirements (e.g., OHS standards). Other relevant staff members of the project, including provincial focal points shall be included in the training in order to widen familiarization of the ESMF. An outline for the training is provided in Table 8.1.

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Table 8. 1: Proposed training format for ESMF implementation

Module Duration Participants

Day 1 Introduction 1 • Mozland Project Overview PIU, DPTADER, SDPI, • Objective of the ESMF SDAE , DINOTER, • Key stakeholders with a role in the ESMF DINAT technical staff • Relevant legislative and regulatory acts and World Bank safeguard policies • Structure and role of relevant environmental authorities as relates to the Project

Day 2 1 Summary of guidelines for the sub-projects (screening to approval) • Screening PIU, DPTADER, SDPI, • Appraisal and approval SDAE , DINOTER, • Monitoring and evaluation 1 DINAT technical staff • Disclosure • Annual review • Annual reporting Day 3 Summary of guidelines for implementation project

• Grievance management 1 PIU, DPTADER, SDPI, • Stakeholders engagement SDAE , DINOTER, • gender DINAT technical staff • Land regularization/conflicts management protocol

Total 3 days

8.3. CAPACITY BUILDING AND TECHNICAL ASSISTANCE REQUIREMENTS

As part of good practice and to comply with international standards for OHS, contractors and supervision consultants should be provided with environmental and OHS training awareness on site, especially during construction phase. A proposed format for a training workshop is provided in the following Table 8.2. Awareness sessions will happen as required and where needed.

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Table 8. 2: Awareness raising and training for civil work contractors and supervision consultants

Topic Input Awareness and sensitizations: 2 days • Environmental awareness and the importance of effective mitigation • Mitigation measures and environmentally sound construction practices • Compliance with local legislation on OHS, EIA requirements • Workplace and community Health and Safety • Vulnerable groups - ensuring protection against increased vulnerability • Gender balance – ensuring representation and inclusivity • Gender Base Violence and Sexual Exploitation and Abuse issues

Technical training : 1 day • Implementation of the ESMP (contract clauses for contractors) • Monitoring of ESMPs and other safeguard documents • Preparation of budgets • Grievance redress management

Total 3 days

8.4 PROPOSED BUDGET

The proposed budget for implementation of the measures and recommendations outlined in the ESMF for Mozland is US $ 920,000.00.

As the sub-projects and their locations have not yet been identified, a lump sum amount has been designated to address the potential number of ESIAs and ESMPs which will have to be prepared as well as monitoring requirements for the ESMF. This is an estimate and will need to be updated once the project design has been finalized.

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Table 8. 3: Budget Estimate for the Implementation of the ESMF Activity Budget for the Period 2018‐2022 (in USD) Total (USD) Year 1 Year 2 Year 3 Year 4 Year 5 Training and capacity building 50,000 40,000 30,000 20,000 0 140,000 - Objective of the ESMF - Key stakeholders with a role in the ESMF - Relevant legislative and regulatory acts and World Bank policies - Structure and role of relevant environmental authorities as relates to the Mozland project Training and capacity building 50,000 40,000 30,000 20,000 0 140,000 -Training workshops on implementation and management of ESMF and associated tools (EIA, screening checklists) -Monitoring of ESMPs (and RAPs) Preparation of budgets Awareness 20 000 20,000 20,000 10,000 10,00 0 80,000 -Environmental awareness and the importance of effective mitigation -Mitigation measures and environmentally sound construction techniques and sound land regularization and delimitation practices

-Compliance with local legislation on OHS, ESIA, and ESMP requirements - Grievance redress management and Land 50,000 75,000 75,000 25,000 25,000 200,000 regularization/conflicts management protocol -Preparation, implementation and monitoring of EIAs, ESMPs 120,000 50,000 50,000 30,000 30,000 320,000 and related safeguard management plans of subprojects, and monitoring

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External audits 20,000 20,000 40,000

Total 920,000

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X. REFERENCES

FNDS Salvaguardas Ambientais e Sociais (Abril 2018); Guia de campo Regularização da Posse de Terras na implementação dos Projectos do FNDS (SUSTENTA, MozFIP, MozBio)

Grievance Redress Mechanism, http://www.worldbank.org/en/projects-operations/products-and- services/grievance-redress-service

MITADER (2018), Environmental and Social Management Framework (ESMF), Mozambique Conservation Areas for Biodiversity and Sustainable Development (MozBio) Project

MITADER (Julho, 2018); Projecto Mozland; Arranjos de implementação (draft 4)

MITADER (Julho de 2018); Metodologia harmonizada para Registo e Regularização de Ocupações de Terras e Delimitação Comunitária (DelCom+RDUAT) - Procedimentos Técnicos; (DRAFT DE JULHO DE 2018)

World Bank (2008), Environmental and Social Management Framework for World Bank Project with Multiple Small-Scale Subprojects - A Toolkit, Africa Region, Report 48893

World Bank (2013), OP 4.01 - Environmental Assessment

World Bank (26 June 2018), Combined Project Information Documents / Integrated Safeguards Datasheet (PID/ISDS) Appraisal Stage, Report No: PIDISDSA24553

World Bank, 2017, Standard Procurement Document. Request for Bids Works (Without Prequalification)

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XI. ANNEXES

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ANNEX I: STAKEHOLDERS’ CONSULTATION MINUTES

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ANNEX II: ENVIRONMENTAL AND SOCIAL SCREENING CHECK-LIST (EXAMPLE)

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PART A: SUBPROJECT IDENTIFICATION

Sub-project name: Subproject Location (include map/sketch): Province:……………. District:……………….. Admin Post:…………. Locality:………………. Community:…………. Type of activity: (e.g. new construction, rehabilitation, periodic maintenance, demarcation/regularization, legal reform) Estimated Cost: Proposed Date of Commencement of Work:

Technical Drawing/Specifications Reviewed: (circle answer): Yes No

1. Site Selection: Physical data: Yes/No answers and bullet lists preferred except where descriptive detail is essential. Site area in hectors Extension of/or changes to existing conditions Any existing property to be transferred to the sub-project Any plans for new construction

Insert location map and longitude – latitude coordinates (GPS reading):

PART B: IDENTIFICATION AND CLASSIFICATION OF ENVIRONMENTAL AND SOCIAL IMPACTS

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1. Impacts’ significance classification methodology impacts/Issues/risks Site Sensitivity Low Medium High Natural habitats No natural habitats No critical natural Critical natural habitats present of any kind habitats; other natural present habitats occur Water quality and Water flows exceed Medium intensity of Intensive water use; water resource any existing water use; multiple multiple water users; availability and use demand; low water users; water potential for conflicts is intensity of water quality issues are high; water quality issues use; potential water important are important use conflicts expected to be low; no potential water quality issues Natural hazards Flat terrain; no Medium slopes; some Mountainous terrain; vulnerability, floods, potential erosion potential; steep slopes; unstable soil stability/ stability/erosion medium risks from soils; high erosion erosion problems; no known volcanic/seismic/ flood/ potential; volcanic, volcanic/seismic/ hurricanes seismic or flood risks flood risks

Cultural property No known or Suspected cultural Known suspected cultural heritage sites; known heritage sites in project heritage sites heritage sites in broader area area of influence Involuntary Low population Medium population High population density; resettlement density; dispersed density; mixed major towns and population; legal ownership and land villages; low-income tenure is well tenure; well-defined families and/or defined; well defined water rights, natural illegal water rights, Well resources access well ownership of land; defined access to defined communal natural resources properties; unclear water rights and natural resources

Indigenous peoples No indigenous Dispersed and mixed Indigenous territories, population indigenous populations; reserves and/or lands; highly acculturated vulnerable indigenous indigenous populations populations

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Impacts Significance levels Negative Impacts Positive Impacts Neglectable Neglectable Low Low Moderate Moderate High High

2. Checklist of environmental and social impacts Environmental and social issues/Aspects Yes No Description/comment Significance level ENVIRONMENTAL ISSUES Biodiversity

The subproject will impact on endemic, rare, vulnerable species (eg IUCN Red List of

Species) and / or important economic, cultural, physical, ecological and component resources Are there any areas of environmental or ecological sensitivity that could be adversely affected by the subproject? For example critical

natural habitats (riverine and mountain forests, wetlands, inselbergs, among other critical habitats) Is there any sensitive or protected species that

can be negatively affected by the project? Partial and Total Protected areas Does the subproject (or its components) have an impact on conservation areas (national

parks, national reserves, protected forests, World Heritage, etc.) Will the subproject follow partial protection

areas established by Land Regulation? Geology and Soils From a geological or soil point of view are there unstable areas (susceptible to erosion, landslides, collapse)? Pollution Does the sub-project provide for activities that

could lead to soil pollution? Is the subproject likely to cause high noise

levels? Can the activity of the subproject lead to any

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Environmental and social issues/Aspects Yes No Description/comment Significance level metals, other toxic chemicals, pesticides, fertilizer pollution, etc.) Is there any risk of the sub-project affecting the quality of surface waters, groundwater, drinking water sources SOCIAL ASPECTS Historical, archaeological or cultural sites Existem locais de importância cultural, religiosa ou histórica próximo à área do subprojecto as quais o subprojecto poderá impactar? Irão as actividades do subprojecto interferir com locais sagrados usados pelas comunidades locais (campas, árvores sagradas)? Loss of property and others Can the subproject cause temporary or permanent loss of crops, land, pastures, fruit trees, domestic houses and infrastructure, access to natural resources? If so, is there a need for compensation for the loss of assets? Local communities Does the subproject have any potential to cause a change in the lifestyle of the local population? Are communities residing in the subproject area safeguarded if they have any complaints related to farming? Local Income Does the subproject create temporary or permanent jobs? Will the subproject promote increased agricultural production and / or create another income-generating activity? Gender and child labor issues Does the sub-project promote the integration of women and other vulnerable groups into activities by encouraging their participation in decision-making and providing access to resources such as irrigated agriculture, markets, etc.? Does the project prevent the use of child labor, both at the construction site and at construction sites?

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Environmental and social issues/Aspects Yes No Description/comment Significance level HEALTH AND SAFETY Does the subproject have the potential to cause accident hazards to workers and communities? CUMMULATIVE IMPACTS Does the subproject have the potential to cause cumulative social and environmental impacts?

3. Detailed Questions: Preliminary Environmental Information: Yes/No answers and bullet lists preferred except where descriptive detail is essential. State the source of information available at this stage (proponents report, EIA or other environmental study). Has there been litigation or complaints of any environmental nature directed against the sub-project

Environmental Assessment Report or environmental studies Yes/No - answers in bullet lists preferred required: except where descriptive detail is essential.

If screening identifies environmental issues that require an ESIA or ESMP, RAP study, does the proposal include the EIA or study? Indicate the scope and time frame of any outstanding safeguarding study. Required Environmental and Social Monitoring Plan:

If the screening identifies environmental issues that require long term or intermittent monitoring (effluent, gaseous discharges, water quality, soil quality, air quality, noise etc), does the proposal detail adequate monitoring requirements?

Public participation/information requirements: .

Does the proposal require, under national or local laws, the public to be informed, consulted or involved? Has consultation been completed? Indicate the time frame of any outstanding consultation process. Land and resettlement: Yes/No - answers in bullet lists preferred except where descriptive detail is essential.

Will the subproject require the acquisition of land?

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Is the land public or privately owned? How will the subproject go about land acquisition? What is the current land use of the desired land? (e.g. agriculture, gardening, etc.) List the key resources. Will people need to be displaced, and therefore require compensation and resettlement assistance? Are the relevant authorities aware of the need for a Resettlement Process, involving a census, valuation, consultation, compensation, evaluation and monitoring? What level or type of compensation is planned? Who will monitor actual payments?

Actions: List outstanding actions to be cleared before subproject appraisal. Approval/rejection Yes/No answers and bullet lists preferred except where descriptive detail is essential.

If proposal is rejected for environmental reasons, should the subproject be reconsidered, and what additional data would be required for reconsideration?

PART C – PROJECT CATEGORIZATION

1. Recommendations Environmental category as per safeguard team: ______Environmental Category as per DPTADER: ______

Requires a category A EIA. Subproject not approved for this project. Requires a category B EIA to be submitted on date:. Requires a Category C EIA to be submitted on date:. Requires preparation of additional plans (e.g. RAP, good practice , etc.. ) ………………..

_____Does not require further environmental or social studies

Reviewer: Name: Signature: Date:

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ANNEX III - PRELIMINARY ENVIRONMENTAL INFORMATION SHEET (ANNEX IV – DECREE 54/2015)

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1. Name of the activity

2. Activity Type:

a) Tourism Industrial Agriculture Other

Specify --

b) New Rehabilitation Expansion

3. Proponent Identification:

4. Address/contacts:

5. Location of the activity:

5.1 Administrative Location:

Ward: Village:

City:

Locality: District: Province:

5.2 Surrounding Environment

Urban Rural

6. Area location:

Green area X Industrial Service

7. Activity Description:

7.1 Infrastructure for the activity, its dimensions and capacity (Please put together all relevant project designs and diagrams if available):

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7.2 Associated activities:

7.3 Short description of construction and operation technologies

7.4 Main/principal activities and complementary/secondary activities

7.5 Type, origin and quantity of labour

7.6 Type, origin and quantity of raw material/quantity to be used in the project

7.7 Chemical to be used in the project scientifically named: (If the list is too long please include in an annex)

7.8 Type, origin and quantity of water and energy consumption

7.9 Origen and quantities of fuels and lubricants to be used in the project:

7.10 Other necessary resources:

8. Land tenure status (legal situation about land acquisition for the project)

9. Alternative locations for the project:

10 Brief information on the environmental situation of the local or region:

10.1 Physical characteristics of the area where the project is going to be developed:

Plane Plateau Mountain

10.1 Predominant Ecosystem:

River Lake Ocean Land

10.3 Location Area:

Coastal zone Interlard Island

10.4 Type of prevailing Vegetation:

Forest Savana others

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10.5 Land use in accordance with physical structural plan o r other policies:

Farm Habitation Industrial

Protected Others

(Specify) ------

10.6 Main infrastructure found in surrounding area of the project:

11. Complementary information in maps

• Location map • Map showing the activity area in relation to other land use pattern in the area • Other relevant information.

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ANNEX IV: TOR GUIDELINES FOR PREPARATION OF TOR FOR SIMPLIFIED ENVIRONMENTAL ASSESSMENT AND SPECIFIC ENVIRONMENTAL AND SOCIAL MANAGEMENT PLAN

1. Objectives of the ToR This section should identify the subproject and its proponent, and the services required, based on the result of the screening process. 2. Background Information The ToR should provide pertinent background information for preparing the SES and ESMP. This would include a brief description of information about the Mozland project (global objective and objective of the component that includes the subproject), the implementing agency, Project components, especially those that will finance the subproject. Also include a description of other studies underway (e.g., RAP, baseline study, etc.) 3. Legal Requirements/Regulations This paragraph should identify the regulations and guidelines which will govern the conduct of the assessment or specify the content of its report as per Decree 45/2004 and Law 16/2014.

4. Study Area and potential significant Impacts Specify the area involved and the boundaries of the study area for the assessment, identifying clearly its location. 5. Scope of Work The consultant services shall comprise the following tasks: Task 1. Description of the Proposed Subproject. Provide a brief description of the relevant parts of the project, using maps (at appropriate scale), general layout; size, capacity; pre-construction activities; construction activities; schedule; staffing and support; facilities and services; commissioning, operation and maintenance activities; required offsite investments; and life expectancy for major components. Provide maps at appropriate scales to illustrate the general setting of project-related development, as well as surrounding areas likely to be impacted. Task 2. Description of the Environment (baseline condition). Assemble, evaluate and present baseline data on the relevant physical, biological, and socio-economic characteristics of the development area and area of influence. Include information on any changes anticipated before the project commences. Task 3. Legislative and Regulatory Considerations. Describe the pertinent regulations and standards governing environmental quality, health and safety, protection of sensitive areas, protection of endangered species, siting, land use control, etc., at international, national, regional and local levels (The TOR should specify those that are known and require the consultant to investigate for others.)

Task 4. Determination of the Potential Impacts of the Proposed Project. Predict and assess all significant impacts that the project is likely to generate. Assess the impacts from changes brought about by the project on baseline environmental conditions as described under Task 2. Identify potential impacts to be assessed. ESMF 100

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In this analysis, distinguish between significant positive and negative impacts, direct, indirect, and cumulative impacts, and immediate and long-term impacts. Identify impacts that may occur due to accidental events. Identify impacts which are unavoidable or irreversible. Wherever possible, describe impacts quantitatively, in terms of environmental costs and benefits. Impact analyses for sub projects should be divided between construction impacts and operational impacts. Task 5. Analysis of Alternatives to the proposed subproject. Describe alternatives that were examined in the course of developing the proposed subproject and identify other alternatives which would achieve the same objectives. The concept of alternatives extends to siting, design, technology selection, construction techniques and phasing, and operating and maintenance procedures. Compare alternatives in terms of potential environmental impacts; capital and operating costs; suitability under local conditions; and institutional, training, and monitoring requirements. When describing the impacts, indicate which are irreversible or unavoidable and which can be mitigated. To the extent possible, quantify the costs and benefits of each alternative, incorporating the estimated costs of any associated mitigating measures. Include the alternative of not constructing the project to demonstrate environmental conditions without it. Alternatives should include the following: the “no go” alternative. Task 6. Development of an Environmental and Social Management Plan (ESMP). Recommend feasible and cost-effective measures to prevent or reduce significant negative impacts to acceptable levels. Include measures to address emergency response requirements for accidental events. Prepare a management plan including proposed work programs, budget estimates, schedules, staffing and training requirements, and other necessary support services to implement the mitigating measures. Provide environmental protection clauses for application by contractors and consultants. Task 7. Development of a Monitoring Plan. Prepare a detailed plan to monitor the implementation of mitigating measures and the impacts of the project during construction and operation. Include in the plan an estimate of capital and operating costs and a description of other inputs (such as training and institutional strengthening) needed to implement the plan. Task 8. Public Participation. Conduct a public participation process from early stage of the study in order to include in the SES any concerns and/or expectations of the direct and indirect affected parties. The consultant shall indicate the strategy for public participation, which shall bear in mind the national guidelines for public participation in ESIA process. The public participation report shall be included in the SES.

6. Reports The consultant shall prepare a draft report to be revised by FNDS’s Safeguard Team. The structure of the report shall follow the requirements of Decree 54/2015.

7. Technical Team The consultant shall propose a team coordinated by an environmental and social assessment specialist. The consultant must be registered with MITADER as an environmental consultant.

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8. Duration The Consultant shall propose a work plan identifying all the phases, including the public participation process and the time for revision by the environmental authority.

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ANNEX V: STANDARD CONTENT FOR ESMP

1. Introduction Provide an overview of the subproject, environmental and social context and the purpose of this ESMP.

2. Project description Describe the subproject, the construction works required, the activities associated with the operational phase and planned decommissioning information. Include project components that may have an environmental or social impact, including: • Types of materials required during construction (aggregates, fresh water) • Source and transportation of materials during construction • Waste management (solid and liquid waste) – construction and operations • Hazardous materials management • Labour management practices • Proposed improvements or benefits resulting from the subproject which will accrue to the local community, environment and economy. Provide an overview of project timelines. Include a map of the general area. (Take into consideration the information already provided in the Environmental & Social Checklist prepared for the subproject and complement/detail/update, where possible).

3. Environmental and social baseline Describe the project location and land use (agricultural land, residential), closest dwelling(s), water body that will receive drainage, natural habitats (protected areas, significant or relevant ecosystems, flora and /or fauna in the area.). Describe the community, formal and community leadership structures, describe any unique aspects of culture and language. Describe the existing social services such as education, health, law and order as well as economic activities (commerce, trading). Provide information on existing land titles. The social context should also describe occupations and sources of livelihood, gender roles and issues, land tenure and connections to land, and the socioeconomic conditions, including any commentary on poverty, vulnerability due to gender, ethnicity or culture group, age or disability in the community, resource allocation and access and income distribution, where relevant. (Take into consideration the information already provided in the Environmental & Social Checklist prepared for the subproject and complement/detail/update, where possible).

4. Legal and institutional context Provide an overview of the relevant laws, regulations and policies and how this ESMP provides the relevant information in support of an environmental approval.

Provide an overview of how the ESMP meets the requirements of the World Bank safeguard policies.

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Provide an overview of the key institutions with jurisdiction over the subproject.

(See Sections 4.1 of the chapter 4 of MozLand ESMF).

5. Significant impacts and mitigation Provide an overview of the significant environmental and social impacts associated with the subproject and indicate how the project will manage these to incorporate applicable safeguards policy and regulatory requirements. Refer to Environmental & Social Screening Checklist and chapter V of the Mozland ESMF). 6. Description of mitigation measures The ESMP identifies feasible and cost-effective measures to reduce potentially significant adverse environmental and social impacts to acceptable levels. Each mitigation measure should be briefly described with reference to the impact to which it relates and the conditions under which it is required (e.g., continuously or in the event of contingencies). These should be accompanied by, or referenced to, designs, equipment descriptions, and operating procedures that elaborate on the technical aspects of implementing the various measures. Where mitigation measures may result in secondary impacts, their significance should be evaluated.

7. Description of monitoring program Environmental performance monitoring should be designed to ensure that mitigation measures are implemented and have the intended result, and that remedial measures are undertaken if mitigation measures are inadequate. It should also assess compliance with national standards and World Bank Group requirements or guidelines.

The monitoring program should clearly indicate the linkages between impacts identified in the ESMP report, indicators to be measured, methods to be used, sampling locations, frequency of measurements, detection limits (where appropriate), and definition of thresholds that will signal the need for corrective actions. Although it is not essential to have complete details of monitoring in the ESMP, it should describe the means by which final monitoring arrangements will be agreed.

8. Institutional arrangements Roles and Responsibilities for mitigation and monitoring should be clearly defined. The ESMP should identify arrangements for coordination between the various actors responsible for mitigation.

9. Management measures List the key environmental and social impacts, per relevant project phase, and indicate recommended management measures and responsibility for ensuring measures are met.

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Environmental and Social Management Plan A. Mitigation Project Potential Proposed Institutional Cost Comments Activity Environmental and Mitigation Responsibilities Estimates (e.g., Social Impacts Measure(s) (including legislation and regulations) (including secondary enforcement and impacts) coordination) Pre- Construction Phase

Construction Vegetation clearing; Work site selection shall take in account environmental & - Safeguard N/A camp Economic and physical social aspects: office, establishment displacement, water - Preference shall be given to already disturbed contractor HSE pollution, soil areas, rep contamination, - ‘No-go’ areas shall be clearly identified and topographic alterations, marked. These shall include areas with large trees (>200 dust and noise mm in diameter at chest height), cultivated lands or fruit emissions, community trees, wetlands, grave sites or any sensitive environment disturbances, health & or social site/area identified by the Safeguard officer, safety risks - Avoid proximity to schools, health posts and households with vulnerable families (such as elderly, household members with chronic diseases) when locating the campsite, - The worksite shall be clearly identified, and hazardous areas clearly marked (red tape / barricading of risk areas).

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Construction Phase

Operation and Maintenance Phase

Environmental and Social Management Plan B. Monitoring

Proposed Parameters Location Measurements Frequency of Responsibil Cost Mitigation To be (including methods and Measurement ities (equipment Measure Monitored equipment) (including and review and individuals) reporting) Pre- Constructio n Phase Grievance -Number of complaints from Community Complaint book, cell phone, Weekly checks Safeguard $100/month redressing the community hall/Community meetings officer procedure leader/SDAE/SDPI/ project site Vegetation Vegetation disturbed area Campsite area Tap measurement of disturbed Whenever Safeguard $25/month conservation areas necessary officer Constructio n Phase

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Operation and Maintenanc e Phase Total Cost for all Phases

Environmental and Social Management Plan C. Institutional Strengthening and Training for Implementation

I. Institutional Position(s) Scheduling Responsibilities Scheduling Cost Strengthening (Institutions, PIUs, Estimates Activity contractors, construction supervision consultants)

Mitigation Measures

Monitoring Requirements (including compliance) II. Training Activity Participants Types of Content Scheduling Cost Training (modules, etc.) Estimates

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ESMP Implementation, Redesign, Conflict Resolution Environmental Processes, Methods, and Equipment Environmental Policies and Programs

Environmental and Social Management Plan D. Scheduling and Reporting

Year 1 Year 2 Etc. Activity Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Mitigation Measures ------

Monitoring ------

Institutional Strengthening ------Training ESMF 108

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------

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ANNEX VI: TEMPLATE FOR ENVIRONMENTAL AND SOCIAL MANAGEMENT GOOD PRACTICES GUIDE

This guide contains measures to be applied by Contractors and Subcontractors during construction activities. It shall be adapted for other activities and include any site specific environmental or social issue.

INTRODUCTION

Provide an overview of the subproject, environmental and social context and the purpose of this Environmental and Social Management Good Practices.

DESCRIPTION OF ACTIVITY

Describe the activity, the construction works required, the activities associated with the operational phase and planned decommissioning information. Include project components that may have an environmental or social impact, including:

KEY ENVIRONMENTAL AND SOCIAL IMPACTS AND RISKS

List and describe impacts and risks based on the list provided in Annex 8.

ORGANIZATIONAL STRUCTURE AND RESPONSABILITIES

List the key positions involved in project management, execution and supervision, specifically relating to the ESHS matters (including Contractor, MozLand officers (ex. SDPI), LMU Safeguard and Finance).

Define responsibilities for each position.

MANAGEMENT RECOMMENDATIONS ( example for Civil Works)

1. Prior to the Start of Works

The Contractor shall visit the work site with the subproject proponent and the Safeguard Assistant

• With the Safeguard Assistant, Contractor shall meet with local authorities, community leaders and residents living next to the project site to:

o introduce the Contractor to the authorities/community leaders and community,

o Provide information about works’ duration and schedule, o Provide information about required work force (foreigner and opportunities for locals), ESMF 110

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o Define the recruitment process, which shall be transparent and non-discriminatory (eg. on the basis of family status, ethnicity, race, gender, religion, language, marital status, birth, age, disability or political convictions). Recruitment of women shall be promoted.

o Make any request to access or use community infrastructure (such as water supply), land or natural resources (eg. Sand, firewood),

o Raise awareness about the risks associated with the construction activities and the need to limit access to the work area to third parties and domestic animals,

o Raise awareness about the opportunities for engagement with the contractor, and

o Establish a grievance redress mechanism.

• Define area for site establishment (including workers’ accommodation, storage, workshop and the worksite itself):

o Preference shall be given to already disturbed areas, o ‘No-go’ areas shall be clearly identified and marked. These shall include areas with large trees (>200 mm in diameter at chest height), cultivated lands or fruit trees, wetlands, grave sites or any sensitive environment or social site/area identified by the Safeguard Assistant,

o Proximity to schools, health posts and households with vulnerable families (such as elderly, household members with chronic diseases) shall be avoided,

o The worksite shall be clearly identified, and hazardous areas clearly marked (red tape / barricading of risk areas).

• Define access route and entry point to the worksite avoiding damage to households and associated structures, cultivated lands, fruit trees or any other potential source of income. In case of damage, the Contractor will be responsible for the payment of compensation to the affected party as per the MozLand Resettlement Policy Framework.

2. Labour and Working Conditions

• Recruitment of children (under 18 years old) or forced labour are prohibited.

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• Contractor shall enter into written contracts with all workers, defining tasks, responsibilities, duration of contract, hours of work, wage, and other relevant aspects included in the Labour Law, • Contractor shall provide personal protective equipment (PPE) for all workers (helmets, boots, gloves, etc) as per the nature of the assigned job/tasks, at no cost to the worker. Contractor will train workers on the correct use of PPE and enforce its use, • Contractor shall provide the relevant work tools and equipment, in good working condition, at no cost to the worker (eg. hammer, saw, toolbox), • Contractor shall provide relevant Health and Safety training to workers so that they understand the risks and required precautions, • Contractor shall provide the following to workers2: o Dedicated accommodation facilities for non-local workers, with adequate ventilation and thermal conditions, to promote the health, safety and well-being of workers; o Dedicated cooking and eating facilities (with shade, food storage and food preparation counters); o Potable water supply; o Suitable sanitation facilities, adequate for the number of staff on site, in order to minimize impacts on environmental quality and public health and ensure privacy. The use of portable chemical toilets is recommended (whenever possible) at a ratio of 1 toilet per 15 workers. Where portable toilets are not available, at a minimum, improved latrine(s) should be built. Separate washing facilities shall be established (so as not to overload the latrine put). • Drugs and alcohol shall be prohibited on the construction site. Workers suspected to be under the influence of any such substances shall not be permitted on site – no entry to the accommodation facilities and no access to the work site. • All workers shall have access to onsite sanitation facilities. • Contractor shall sensitize workers to convey attitudes of respect and non-discrimination and prohibit attitudes of sexual harassment (such as prohibiting the use of language or behaviour, in particular towards women or children, that is inappropriate, harassing abusive, sexually provocative, demeaning or culturally inappropriate) and prohibit violence or exploration (such as prohibition of the exchange of money, employment, goods or services for sex, including sexual favours or other forms of humiliating, degrading or exploitative behaviour). Disciplinary action shall be taken where violations of the above occur.

3. Community Health and Safety

• Contractor will take steps to reduce risks to community members (especially children), placing warning signs and limiting access to the work area, keeping hazardous products in closed storage / warehouse and making provisions to prevent accidents involving vehicles and machinery (ex: instruct and enforce drivers to reduce speed in populated areas). • Contractor shall ensure that neighbouring communities are sensitized of the risks posed by the activities and the care which shall be taken by community members (especially with regards to children and domestic animals).

2 These can be simple structures, built with local materials, adequate for the local climate. ESMF 112

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4. Hazardous Substances, Fuel Storage and Maintenance Activities

• Hazardous substances should be covered from rain and sun, in locked storage areas, and placed on concrete floors (or at least in an area lined with strong plastic sheets). Contractors are encouraged to build bonded concrete floors to capture spills. • Ensure that all equipment maintenance activities, including oil changes, are conducted within demarcated maintenance areas, adequately lined (eg. where oil changes take place) or using appropriate containment trays (such as a drum cut lengthways). • Used oils shall not be disposed to the ground or into a water body. Contractors are encouraged to collect used oil, contaminated rags and others in clearly marked containers (such as drums) for removal from site.

5. Water supply

• Abstractions from natural water resources (e.g. springs, streams, lakes) shall be previously approved by the Safeguard Assistant, the SDPI, following consultation with local leaders.

6. Aggregates

• All aggregates required for construction of foundations or platforms shall be from permitted / licensed quarries.

7. Vegetation Clearance

• Contractor shall ensure that all negotiations and compensation for land, crops, trees, houses, grave sites and other relevant items have been satisfactorily completed (as defined in the Resettlement Policy Framework), before the work site is cleared. • No soil, vegetation or construction material shall be dumped in wetlands or water bodies. • No burning of vegetation to clear the site will be permitted.

The Contractor shall suspend works and notify the MozLand safeguard team if any previously unidentified graves or artefacts of archaeological or cultural

• Significance are uncovered during site clearance. Work shall be stopped while the appropriate authorities are notified. Work may only re-commence once authorities have inspected the site and given approval to proceed.

8. Noise Control

• The Contractor shall keep noise levels within acceptable limits and construction activities shall, where possible, be confined to normal working hours.

9. Dust Control

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• Dust is regarded as a nuisance when it reduces visibility, soils private property, is aesthetically displeasing or affects palatability of grazing. Dust generated by construction related activities must be minimised. • The Contractor shall be responsible for the control of dust arising from activities. • Control measures shall include regular spraying of working/exposed areas with water at an application rate that will not result in soil erosion or runoff. • The removal of vegetation shall be avoided until such time as clearance is required and exposed surfaces shall be re-vegetated or stabilised as soon as practically possible. • The excavation, handling and transport of erodible materials shall be avoid under high wind conditions. • Where possible, soil stockpiles shall be sheltered from the wind. • Vehicle speeds shall be limited to minimise the generation of dust on site and on access roads.

10. Sediment Control

• Ground disturbance shall be reduced to a minimum.

• When on a sloping site, Contractor shall trap sediment onsite using brush or silt fences.

• Runoff / water shall be diverted around the construction sites or disturbed areas, using ditches.

11. Waste Management

• The site is to be kept clean, neat and tidy at all times. • To reduce the amount of waste, the Contractor is encouraged to find local uses for safe left over materials and packaging (ex: timber wastes can be used by community as firewood, empty drums may be triple rinsed and donated for storage). This shall be negotiated and agreed with local leadership to confirm need and agree on a process of distribution of materials. • Contractor shall ensure the: o Provision of sufficient bins (preferably vermin and weatherproof) at the camp and work sites to store the solid waste produced on a daily basis. o Contractors are encouraged to promote waste separation. o Collection of refuse and waste generated by workers on a daily basis. o Bio-degradable waste shall be composted on site (buried in dedicated shallow ditches and covered with vegetable matter and soil. o Contractor is encouraged to recycle part of the waste stream subject to appropriate recycling facilities being available within reasonable travel distance. o Identification of an appropriate site for depositing waste generated during the construction contract (eg. local borrow pit already in use for waste deposition, appropriate area near the work site for burial and cover of waste in dedicated pits). o Hazardous waste such as used oil, batteries, etc. shall be kept separately and must be removed from the site by the Contractor prior to the end of the construction period. Contractors are encouraged to channel all hazardous waste to the nearest available facility (Maputo ).

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o No stockpiled waste is to be left on site after the work is completed.

12. Fire Prevention and Control

• The Contractor shall take all reasonable and precautionary steps to ensure that fires are not started as a consequence of project activities on site. • Open fires within the conservation areas are prohibited. • The Contractor shall ensure that there is basic fire-fighting equipment available on site. This shall include, but not be limited to: • Rubber beaters when working in grass/bush areas. • At least one fire extinguisher of the appropriate type when welding or other ‘hot’ activities are undertaken. • Flammable materials should be stored under conditions that will limit the potential for ignition and the spread of fires. • The Contractor shall ensure that all site personnel are aware of the fire risks and how to deal with any fires that occur. This shall include, but not be limited to regular fire prevention talks.

13. Restoration

• Rehabilitation shall be required for all areas disturbed by the works. • The Contractor should implement a programme of progressive rehabilitation, i.e. once works are complete in particular areas. • Restoration will include, at a minimum, removing unused materials, rubble and foundations, ripping any compacted ground to loosen soil, spreading topsoil evenly over the former site and re-establishing grass cover. • Rehabilitation of all temporary access tracks, haul roads and any other disturbed areas outside of the approved working areas to their original condition.

14. Decommissioning of the Site

• On completion of the Contract, the Contractor shall decommission the worksite. This shall include the following: o Removal of all remaining structures, services, facilities, unless sold or handed over to the community. o Removal of all remaining construction rubble and waste, to be disposed of at an appropriate site.

Reinstatement and rehabilitation of all remaining disturbed areas, including temporary access routes, turning circles, parking areas, etc.

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ANNEX VII: FORMAT OF AN ANNUAL ESMF IMPLEMENTATION MONITORING REPORT

Relevant environmental authority: Reporting dates: Province/District/Community: Subprojects approved:

Subproject title Activities Project phase (1) Env. Category ESIA / ESMP Environmental Effectiveness of Issues (2) completed? Permit granted? ESMP (name, location, (new See note below Yes, No or N/A Yes, No or N/A Good, poor, or See note below title or construction, needs reference) rehabilitation, improvement maintenance) 1 2 3 Etc

Subprojects rejected: Subproject title Activities Reasons for rejection Remarks (3) 1 2 etc

Notes: 1 Subproject phase will be one of the following: (a) under project preparation or appraisal, (b) appraised, or (c) implementation. 2 Issues: accidents, litigation, complaints or fines are to be listed.

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ANNEX VIII: EXAMPLES OF CONTRACT CLAUSES TO INCLUDE IN CONTRACTOR AGREEMENTS

Sound environmental management of construction projects can be achieved only with adequate site selection and project design. As such, the EA for projects involving any new construction, or any rehabilitation or reconstruction for existing projects, should provide information as to screening criteria for site selection and design including the following:

Site selection - sites should be chosen based on community needs for additional projects, with specific lots chosen based on geographic and topographic characteristics. The site selection process involves site visits and studies to analyse: (i) the site’s, suburban, or rural characteristics; (ii) national, regional, or municipal regulations affecting the proposed sites; (iii) accessibility and distance from inhabited areas; (iv) land ownership, including verification of absence of squatters and/or other potential legal problems with land acquisition; (v) determination of site vulnerability to natural hazards, (i.e. intensity and frequency of floods, earthquakes, landslides, hurricanes, volcanic eruptions); (vi) suitability of soils and sub soils for construction; (vii) site contamination; (viii) flora and fauna characteristics; (ix) presence or absence of natural habitats and/or ecologically important habitats on site or in vicinity (e.g. forests, wetlands, rare or endangered species); and (ix) historic and community characteristics.

The rules (including specific prohibitions and construction management measures) should be incorporated into all relevant bidding documents, contracts, and work orders.

Prohibitions

The following activities are prohibited on or near the project site:

• Cutting of trees for any reason outside the approved construction area; • Hunting, fishing, wildlife capture, or plant collection; • Use of unapproved toxic materials, including lead-based paints, asbestos, etc. • Disturbance to anything with architectural or historical value; Building of fires; • Use of firearms (except authorized security guards); • Use of alcohol by workers.

Construction Management Measures

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Waste Management and Erosion - solid, sanitation and hazardous wastes must be properly controlled, through the implementation of the following measures: Waste Management:

• Minimize the production of waste that must be treated or eliminated. • Identify and classify the type of waste generated. If hazardous wastes (including health care wastes) are generated, proper procedures must be taken regarding their storage, collection, transportation and disposal. • Identify and demarcate disposal areas clearly indicating the specific materials that can be deposited in each. • Control placement of all construction waste (including earth cuts) to approved disposal sites (>300 m from rivers, streams, lakes, or wetlands). Dispose in authorized areas all of garbage, metals, used oils, and excess material generated during construction, incorporating recycling systems and the separation of materials. Maintenance:

• Identify and demarcate equipment maintenance areas (>15m from rivers, streams, lakes or wetlands). • Ensure that all equipment maintenance activities, including oil changes, are conducted within demarcated maintenance areas; never dispose spent oils on the ground, in water courses, drainage canals or in sewer systems. • Identify, demarcate and enforce the use of within-site access routes to limit impact to site vegetation. • Install and maintain an adequate drainage system to prevent erosion on the site during and after construction. Erosion Control Erect erosion control barriers around perimeter of cuts, disposal pits, and roadways. • Spray water on dirt roads, cuts, fill material and stockpiled soil to reduce wind-induced erosion, as needed. • Maintain vehicle speeds at or below 10mph within work area at all times. Stockpiles and Borrow Pits

• Identify and demarcate locations for stockpiles and borrow pits, ensuring that they are 15 meters away from critical areas such as steep slopes, erosion-prone soils, and areas that drain directly into sensitive water bodies.

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• Limit extraction of material to approved and demarcated borrow pits. Site Clean-up

• Establish and enforce daily site clean-up procedures, including maintenance of adequate disposal facilities for construction debris.

Safety during Construction

The Contractor’s responsibilities include the protection of every person and nearby property from construction accidents. The Contractor shall be responsible for complying with all national and local safety requirements and any other measures necessary to avoid accidents, including the following: • Carefully and clearly mark pedestrian-safe access routes.

• If school children are in the vicinity, include traffic safety personnel to direct traffic. • Maintain supply of supplies for traffic signs (including paint, easel, sign material, etc.), road marking, and guard rails to maintain pedestrian safety during construction. • Conduct safety training for construction workers prior to beginning work. • Provide personal protective equipment and clothing (goggles, gloves, respirators, dust masks, hard hats, steel-toed and –shanked boots, etc.,) for construction workers and enforce their use. • Post Material Safety Data Sheets for each chemical present on the worksite.

Require that all workers read, or are read, all Material Safety Data Sheets. Clearly explain the risks to them and their partners, especially when pregnant or planning to start a family. Encourage workers to share the information with their physicians, when relevant.

• Ensure that the removal of asbestos-containing materials or other toxic substances be performed and disposed of by specially trained workers. • During heavy rains or emergencies of any kind, suspend all work. • Brace electrical and mechanical equipment to withstand seismic events during the construction.

Nuisance and dust control

To control nuisance and dust the Contractor should:

• Maintain all construction-related traffic at or below 15 mph on streets within 200 m of the site. • Maintain all on-site vehicle speeds at or below 10 mph.

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• To the extent possible, maintain noise levels associated with all machinery and equipment at or below 90 db. • In sensitive areas (including residential neighbourhoods, health centers, rest homes, etc.) more strict measures may need to be implemented to prevent undesirable noise levels. • Minimize production of dust and particulate materials at all times, to avoid impacts on surrounding families and businesses, and especially to vulnerable people (children, elders). • Phase removal of vegetation to prevent large areas from becoming exposed to wind. • Place dust screens around construction areas, paying particular attention to areas close to housing, commercial areas, and recreational areas. • Spray water as needed on dirt roads, cut areas and soil stockpiles or fill material. • Apply proper measures to minimize disruptions from vibration or noise coming from construction activities.

Community Relations

To enhance adequate community relations the Contractor should: • Following the country and ESIA requirements, inform the population about construction and work schedules, interruption of services, traffic detour routes and provisional bus routes, as appropriate. • Limit construction activities at night. When necessary ensure that night work is carefully scheduled and the community is properly informed so they can take necessary measures. • At least five days in advance of any service interruption (including water, electricity, telephone, bus routes) the community must be advised through postings at the project site, at bus stops, and in affected homes/businesses. • Respect the surrounding community culture and manage correctly their expectations through open communication; • Include in your module inductions aspects related to interaction with local community, respect, local values, sexual harassment, sexual transmissible diseases; • Don´t employee staff below minimum age legal limit according to Angolan Labor Law.

Chance Find Procedures for Culturally Significant Artifacts

In case culturally valuable materials are uncovered during excavation:

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• Stop work immediately following the discovery of any materials with possible archaeological, historical, paleontological, or other cultural value, announce findings to project manager and notify relevant authorities; • Protect artefacts as well as possible using plastic covers, and implement measures to stabilize the area, if necessary, to properly protect artefacts • Prevent and penalize any unauthorized access to the artefacts • Restart construction works only upon the authorization of the relevant authorities.

Environmental Supervision during Construction

The bidding documents should indicate how compliance with environmental rules and design specifications would be supervised, along with the penalties for non-compliance by contractors or workers. Construction supervision requires oversight of compliance with the manual and environmental specifications by the contractor or his designated environmental supervisor. Contractors are also required to comply with national and municipal regulations governing the environment, public health and safety.

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ANNEX IX: ENVIRONMENTAL CONSIDERATIONS TO BE INCLUDED IN THE ToR for LAND REGULARIZATION SERVICE PROVIDER

The land regularization and delimitation process should be preceded by an environmental screening process and preparation of TORs for Services providers taking into account the following legal aspects related to partial protection zones:

(a) The strip of land bordering inland waterways and navigable lakes up to 50 meters measured from the maximum line of such waters; b) The range of land up to 100 meters adjacent to the water springs; c) The strip of the seafront and in the outline of islands, bays and estuaries, measured from the water line a distance 100 meters to the interior of the territory; d) The range of land in the contours of dams and reservoirs up to 250 meters; e) The two-kilometre buffer area along the land border. f) 15-meter buffer zone for secondary and tertiary roads; g) 30 Meters buffer area for Primary roads t; h) The confining 50-meter strip of land Motorways and four-lane roads and;

(i) Confining 50-meterstrip of land for air, surface, underground and submarine installations and lines of electricity, telecommunications, oil, gas and water; j) 50-meter border strip for Railway lines and their stations; k) 100-meter boundary buffer area for Airports and aerodromes; l) Military installations and other defence and security facilities of the State and the 100-meter buffer zone;

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ANNEX X- GRIEVANCE REGISTER FORM

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REPÚBLICA DE MOÇAMBIQUE MINISTÉRIO DA TERRA AMBIENTE E DESENVOLVIMENTO RURAL FUNDO NACIONAL DE DESENVOLVIMENTO SUSTENTAVEL

PROJECTO3 ______REGISTO DE DIÁLOGO E RECLAMAÇÕES

FORMULÁRIO

Nome:

Nº de Telefone: Género: M F Outro meio de contacto: Idade: Comunidade: Posto Administrativo:

Distrito: Província:

Data de recepção: ______/______/______

Resumo do Conteúdo: ______

------

Mecanismos de Diálogo e Reclamações

PROJECTO ______

3 Os projectos referem-se as iniciativas actualmente em implementação pelo Fundo Nacional de Desenvolvimento Sustentável, nomeadamente MozBIO, MozFIP, SUSTENTA, ZILMP, MozDGM, e Mozland. ESMF 124

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Nome ______

Data_ _ /_ _ /_ _

Assinatura Reclamante Assinatura Receptor

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ANNEX XI: SOCIAL RISK MITIGATION STRATEGY

The 1997 Land Law and other legislation and regulations that establish the rights of communities and rural households to land, and the regularization procedures for those rights in Mozambique present significant gaps with respect to, among other things, legal community representation and the community governance of rights to land and natural resources. These gaps and the related social risks are exacerbated by weaknesses in community capacity, lack of clarity regarding implementation and enforcement of community rights, and deficiencies in the land administration system.

The Project is designed to improve security of land tenure rights and improve the land administration system, including the management capacity of all actors involved in the system down to the level of communities themselves. To this end, the Project includes institutional improvements, capacity building and regularization processes of community delimitation (DELCOM) and issuance of DUAT certificates (not registered) at the individual (household) level. Given GOM priorities and to accelerate the visibility of the Project and the issuance of the DUAT certificates, the Project is adopting an implementation strategy that will continue to implement the regularization process based on current practices, and, in parallel, support the legal and regulatory reforms, capacity building and response to the identified gaps.

In order to mitigate the risks posed by these gaps in this context of parallel actions, the safeguards measures described in the Table below are required. The Borrower and the Bank can agree on adjustments to improve processes and efficiency and reflect changes and circumstances (such as regulatory and institutional changes). These measures constitute essential complementary and additional elements that must be integrated in the detailed Regularization Methodology to be used to carry out the Project regularization component (and eventually formalized as part of the Technical Annex that regulates the DELCOM/LTR processes and other legal instruments.

RISKS MITIGATION MEASURES Base risk Mitigated Inadequate Hire an NGO or another specialized entity to carry out High Moderate/ quality of the independent process quality assurance, support Low regularization application of safeguards in specific cases, implement the processes GRM, sensitize the community and the service providers regarding the specific issues set forth in this table; and train facilitators, paralegals and other technical and legal assistance providers on legal land rights and the program methodology and procedures. Inadequate Regulate and monitor the quality of the regularization High Substantial/ treatment process through an Independent Process Quality Moderate and support Assurance (IPQA entity which, among other tasks will of community verify the readiness of each community to advance from rights one phase of regularization to the next. ESMF 126

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RISKS MITIGATION MEASURES Base risk Mitigated

Divide the regularization process in three phases separated by community readiness criteria to be independently evaluated before the Service Provider can advance to the next phase (and get paid for the completed phase):

1) Community preparation and consultation concluding with the decision of the community regarding whether to proceed with DELCOM and /or LRT (R-DUAT) (sensitization, PRA, designation of the group that will represent the community in the regularization process and agreement on its preliminary statutes/rules) 2) DELCOM concluding with the validation stage (cartogram, plotting, georeferencing) 3) LRT (R-DUAT) including submission to the SPGC and distribution of certificates; preparation of the community agenda; legal constitution of the entity that will represent the community and its statutes (membership control, land governance rules, member selection, accountability)

The readiness criteria can be defined in greater detail, but for phase 1 they will include the documentation of the community consultation and the decision on how to regulate (including the formal request from the community to the district to be delimited), and the designation of the group representing the community and a proposal of its rules of operation and legal identity.

Minimum deadlines for each step will be clearly established to comply with the law (e.g., 30 days for revision of the R-DUAT) and can be extended at the request of the communities. Standardize and strengthen the content of the delimitation certificates so that they are clear about the scope and legal framework of the rights; e.g., “certifies the rights described in article XX and certifies the delimitation carried out in accordance with Article XX and establishes the area on which the Community exercises all the rights laid down in the applicable laws.”

Accompany the delivery of the certificate with the delivery of Tools to facilitate the exercise of rights 1) Geo-referenced Map of the Delimited Area showing current use and areas of communal interest (instructions on how to update) 2) List (census) of community members (Co title holders) (instructions on how to update) 3) Summary of the rights and obligations of the communities in relation to their delimited land area and the resources therein, with reference to relevant legal instruments (used with the community in the awareness process). Note: The summary of rights and obligations should also be delivered along with the R- DUAT

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RISKS MITIGATION MEASURES Base risk Mitigated Ensure appropriate technical and legal definitions • The family or individual R-DUAT must recognize the area of occupation according to customary norms and legitimized by the community, regardless of its state of use • The representative entity must be developed by the Community considering the existing leadership and governance structures in the community • Areas of community use/interest must be identified and not covered by R-DUAT or covered with an access easement Vulnerability The Methodology should address specifically (especially in Substantial Moderate/ and Special terms of awareness and preparation), the following Low cases: themes: • Gender equity • Promotion of Co-titling between spouses and heirs • Guidance for non-Mozambican nationals (on the request of a DUAT) • Agreements between communities to share resources in border areas of common use among their members • Guidance to land users who wish to form a productive association and obtain the corresponding DUAT, or to existing associations that need to perfect their DUATs • Possibility of re-dimensioning of DUAT areas in case of conflicts between occupants (with potential claims) and holders of DUAT • Exclusion of previously resettled groups except when a community has resources and willingness to integrate them • Free and effective legal support to the community and its members

People lose The Land Law establishes areas of total protection (in Substantial Moderate land rights general environmental protection-margins of water bodies, /shelter in hills, etc.), and partial protection (areas established as a Exclusion result of the installation of infrastructures of the process of zones" (full regularization. In these areas it is not possible to obtain a and partial DUAT, so they will be delimited and excluded protection from the R-DUAT emission process. The rights of zones) communities in these areas are defined in sectoral laws. Impacts on acquired rights and on the livelihood of people occupying said areas should be addressed as follows:

1) People in areas of permanent protection (environmental) do not have DUATs: a) will not be resettled by the project b) will be directed to seek options for having parcels assigned within the community; c) In the case of immediate eviction, they will be oriented to the MDR for a vulnerability assessment and if vulnerable will be assisted according to the RPF. 2) People in areas of partial protection (infrastructure) will: a) receive a DUAT to the remaining area of their parcel that is eligible for DUAT, excluding the PPZ; b) receive proof of occupation of the PPZ area not eligible for DUAT; c) be directed to the GRM for legal guidance: Determine whether they potentially had a DUAT before the infrastructure was installed; if so receive guidance ESMF 128

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RISKS MITIGATION MEASURES Base risk Mitigated on options — expropriation or special license; d) In case of eviction, vulnerability determination and if positive, assistance according to the RPF. Note: The possibility of eviction is remote since the project does not require it, but it could occur if the housing is in the PPZ and the remaining parcel is not viable. Conflicts Administrative DUATs will be excluded from the process of Moderate Low between regularization. So, their relevance will be limited to cases DUATs result where there are occupations and claims of rights on their in areas. In these cases: Households • Valid DUATs with occupation by informally authorized losing rights users do not require any action, but in case of eviction or becoming the affected party will have access to the GRM for landless assistance with facilitation of Voluntary re- dimensioning or application for receiving other Community Lands If possible • In case of loss of residence and vulnerability they will be assisted according to the RPF • In the case of expired or invalid DUATs and the possibility of valid rights on the part of the occupants, they will receive legal support to present their complaints before the proper authorities in order to establish their rights and obtain an R-DUAT Conflicts The project must include a suitable mechanism for Substantial Moderate / between resolution of complaints. This mechanism will be led by the Low neighbors or independent process quality entity and complemented by others are the existing mechanisms at the local and national levels. not resolved or forwarded The IPQA entity will register all complaints and conflicts to suitable and will support communities and service providers in their instances; resolution or channeling to other instances. In the first Communities instance, the IPQA entity will screen the claims and act as or individuals the first instance of resolution to resolve basic conflicts (of lose rights in boundaries between parcels, limits and sharing of benefits the process between communities, voluntary DUAT re-dimensioning due to lack of agreements, or reassignment of community land, etc.). legal More complex cases will be duly registered and referred to guidance the relevant instances. The IPQA entity will follow-up to re- integrate the area under conflict to the regularization program whenever possible, or to document the case for future follow-up by local authorities. The team of Paralegals or similar of the IPQA entity will provide the necessary legal support to the communities and their members throughout the process. The The value of secure tenure and the importance of keeping Substantial Moderate community the cadaster up to date will be addressed during does not sensitization, community preparation and throughout the value the process. DUAT and/or the land and, Phase 3 will include the consolidation of the Community therefore Representation entity (whenever possible with defined does not legal personality and statutes approved by the updated the community), and post regularization community capacity cadaster; building that deepens the socialization of the Community does not Agenda; reinforces the messages and tools from prior exercise the phases and connects the community with potential ESMF 129

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RISKS MITIGATION MEASURES Base risk Mitigated effective sources of information, service providers, NGOs and other governance partners who could eventually support the implementation of community of the Community agenda. areas and resources; It is understood that this is a first step in a long process, And/or does which must concentrate efforts on the empowerment of the not negotiate entity that legally represents the community and any other effective community level management committees, with an agreements emphasis on natural resource management, community for mutual financial management, and accountability processes; and benefits with cadastral updates. partners Where possible, this should include actions to integrate the community with other programs available in its area of Influence, and with sources of information on the value of their land and the terms and conditions of partnerships in productive sectors where the community has some potential.

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