RP543 REPÙBLICA DA ANGOLA Public Disclosure Authorized MINISTÈRIO DE AGRICULTURA E DESENVOLVIMENTO RURAL Public Disclosure Authorized MARKET-ORIENTED SMALLHOLDER AGRICULTURAL PROJECT RESETTLEMENT POLICY FRAMEWORK Public Disclosure Authorized DRAFT FINAL REPORT Public Disclosure Authorized March 21, 2007 List of Abbreviations AESDU Agriculture, Environment & Social Development Unit (of the WB) AP Affected person CMAC Conselho Municipal de Auscultação e Concertação CPAC Conselho Provincial de Auscultação e Concertação ECB Estrategia de Combate de Pobreza EDA Estação de Desenvolvimento Agricola EIA Environmental Impact Assessment IDA Instituto do Desenvolvimento Agricola IDA International Development Agency IGCA Instituto Geografico Cadasrto da Angola GoA Government of Angola MINADER Ministèrio da Agricultura e Desenvolvimento Rural MINUA Ministèrio de Urbanismo e Ambiente MOSAP Market –oriented Smallholder Agricultural project NGO Non-governmental Organisation OP Operational Directive (4.12) of the World Bank RAP Resettlement Action Plan RPF Resettlement Policy Framework WB World Bank Persons consulted S.no. Name Position Institution 1 Claudio Chalule Julio Advisor to the MINADER Minister, MINADER 2 Carolino S.Cassule Jose Agronomist Direcção Prov. De Agric. Huambo 3 Dibanzilua Nginamau Agronomist Inst. De Invest. Agronomìca,Huambo 4 Vladimir Russo Ecologist Ecological Youth of Angola 5 Bernardo Jamba Chefe de Secretaria Comuna do Alto Hama,Londuimbali. 6 Joaqim Faustino Tecnico EDA-Londuimbali 7 Emeterio.O.C.Tiago Chefe de IDA,Provincia de Huambo Departamento 8 Jose Cambedje Supervisor IDA, Huambo 9 Alberta Gomes Director ADRA, Huambo 10 Fritz Ohler FAO TABLE OF CONTENTS Section Subsection Description Page No. Executive summary i 1 INTRODUCTION 1 2 BACKGROUND AND PROJECT 1 DESCRIPTION 2.1 Background 1 2.2 Project Components 2 2.3 Selection, preparation, review and approval of 5 Sub-project RAP 3 IMPACTS, LAND ACQUISITION AND 5 RESETTLEMENT 3.1 Estimated Population displacement and likely 5 categories of affected persons 3.2 Potential impacts 6 3.3 Land acquisition 6 3.4 Involuntary resettlement 7 3.5 The MOSAP RPF 9 4 PREPARATION, REVIEW AND APPROVAL 9 OF A SUB-PROJECT RAP 4.1 Determining when resettlement planning is 9 needed. 4.2 Voluntary Land donations in sub-projects 10 4.3 Planning for involuntary resettlement 11 4.4 Institutional framewok 12 4.5 Baseline survey and asset inventory. 13 4.6 Assigning affected people different asset 14 categories 4.7 Determining elibility for compensation 14 4.8 Valuation methodology and calculation of cost 14 of compensation 4.9 Preparation of draft RAP report 14 4.10 Procedure for reviewing, approving, and 14 disclosing the RAP 4.11 Preliminary tasks 15 4.12 Training 15 5 LEGAL FRAMEWORK 16 6 ELIGIBILITY CRITERIA FOR VARIOUS 17 CATEGORIES OF AFFECTED PEOPLE 6.1 Cut-off date 17 6.2 Eligibility criteria for entitlements 17 7 VALUING AFFECTED ASSETS 19 8 ORGANIZATION, PROCEDURES, AND 21 RESPONSIBILITIES FOR IMPLEMENTING A RAP 8.1 Integration of the RAP into the overall Sub- 21 project Plan 8.2 Determination of entitlements 21 8.3 Entitlement agreement contracts. 21 8.4 Replacement land 22 8.5 Compensation 23 8.6 Confirmation of receipt of entitlements 23 8.7 Progress monitoring and reporting 23 9 CONSULTATION WITH, AND 24 PARTICIPATION OF, AFFECTED PERSONS 9.1 Consultation with affected people 24 9.2 Grievance redress mechanisms 24 10 MONITORING ARRANGEMENTS 24 11 PROGRAMMING AND SCHEDULING 25 12 FUNDING AND INDICATIVE BUDGET 26 ANNEXURES 28 1 Number of beneficiaries by Province, 28 Municipalities and communes 2 Broad categories of affected persons eligible to 29 receive benefits 3 Proposed Entitlement Matrix 30 4 Example of Register of Housing Infrastructure 32 5 Example of register of crops and trees 33 6 Example of entitlement agreement contract 34 7 Suggested procedure for draft RAP preparation, 35 review and approval 8 Suggested procedure for the implementation 37 and delivery of entitlements 9 Summary of relevant laws pertaining to 39 resettlement. EXECUTIVE SUMMARY The Government of Angola through its Ministry of Agriculture and Rural Development is implementing the Market-oriented Smallholder Agricultural Project with a loan from the International Development Agency of the World Bank. The estimated duration of the project is six years and it will be implemented in the twelve selected municipalities in Bie, Huambo, and Malanje provinces. The number of project beneficiaries is estimated to be 200,785 smallholders or 1,000,000 people. The project development objective is the generation of broad based and sustainable increase in the incomes of the smallholders of targeted municipalities and communes. This will be achieved through improved organization and efficiency of agricultural production and marketing The project will support community investments in various types of sub-projects that may require land for the construction of small-scale infrastructure. This Resettlement Policy Framework (RPF) provides the guidelines for determining the need and extent of a Resettlement Action Plan (RAP) for sub-projects. The project is in line with the government’s poverty reduction strategy (Estrategia de Combate de Pobreza), which, among other objectives is the giving of prominence to rural development with a focus on food security and the revitalization of the rural economy. The mechanisms for achieving them include (a) the strengthening of the productive capacity of the traditional sector, (b) the re-launching of rural commerce (c0 the sustainable development of the natural resources. The project area was selected in consideration of the fact that the region experienced some of the worst effects of the war that destroyed most of the production infrastructure and livelihood s of the population. As a result the region suffers from food insecurity and high levels of poverty. On the other hand the region has optimal agro-ecological conditions for improved smallholder market-led agriculture that could facilitate the enhancement of the income-earning capacity of local communities. Investment subprojects The project will have four components, namely (a) agricultural productivity and competitiveness (b) pilot fertilizer market improvement program (c) capacity building and (d) project management. However, not all the components will be affected by resettlement. Only some activities in the Component Agricultural Productivity and Competitiveness may require some form of resettlement. It is the Component 1 (Agricultural Productivity and Competitiveness) that may lead to the need for acquisition of land and the loss of assets and livelihoods. This component will co-finance sub-projects identified, analyzed and prepared by providing matching grants for their implementation. Activities to be financed will be selected on the basis of their potential contribution to project objectives and must relate to agricultural production or value chain sub-proposals that have been presented by beneficiaries through farmers associations or other community social groups (e.g. women groups). Some of the infrastructure that may be constructed could include: Small buildings (e.g. rural markets), livestock feedlots, poultry-houses, livestock dip-tanks, access roads, and earth dams e.t.c. Selection, preparation, review and approval of sub-projects Beneficiary groups and individuals will be responsible for identifying sub-projects that they wish to undertake with assistance of project funding. In some cases local EDAs (municipal Agricultural Development Institute in Portuguese), NGOs (non-governmental organization) and other service providers will assist local communities in this regard. For complex sub-projects or those spanning more than one administrative unit (municipal or province), the Provincial Project Coordination Committee (PPCC) and even national Project Coordination Committee (PCC) may facilitate the identification of these projects i If resettlement will be required the EDA will form an RPT involving key stakeholders that will be responsible for preparation of the draft sub-project RAP. The help of the Technical Assistance Unit (TAU) may be sought at this stage if necessary The draft sub-project RAP will then be submitted to the municipal level PCC for scrutiny before being submitted to the PPCC for review and approval. For complex projects final review and approval will only be undertaken at the national PCC. Estimated population and likely categories of displacement. The existing farming and settlement pattern consists of scattered homesteads, sometimes grouped into villages, with agricultural fields adjacent to the homesteads. The farming plots are small, typically of about 2 hectares. Most farmers do not practice mechanized cultivation of land nor have farming infrastructure such as irrigation systems or earth dams. Hence sub-projects requiring resettlement will be few. However, resettlement cannot be ruled out in a few cases. If we assume that about 250 sub-projects will require resettlement. We can further assume that for each sub-project: • 1 house • 4 fruit trees per plot out of 20 plots to be affected. • 50m² of annual crops per plot out 20 plots to be affected. • 1 grave. Then total impacts for the whole project will be of the order of: • 1250 people • 250 houses • 20,000 fruit trees. • 25 hectares of annual crops. • 250 graves Potential impacts. In general, rehabilitation of existing infrastructure should not require the permanent acquisition of additional land. Sub-projects that could result in land