REPUBLIC OF MOZAMBIQUE
MINISTRY OF PLANNING AND DEVELOPMENT
NATIONAL DIRECTORATE FOR PLANNING
DECENTRALIZED PLANNING AND FINANCE PROGRAMME
Resettlement Policy Framework (RPF) for
Construction of Office Spaces for the District Administrations
EXECUTIVE SUMMARY
Project Outline
The main objective of this program is to support civil works program at district level, relating to the construction and/or rehabilitation of administrative infrastructures to provide modest office space for district planning related activities and space for meetings of district technical teams and the district consultative councils.
This program is part of the decentralization of delivery of basic infrastructure services which aims to strengthen the capacities of local administrations on participative planning, to increase efficiency and effectiveness and ensure transparent management of public resources, for a more effective targeting of poverty alleviation in the rural areas. The total estimated cost of the program is $10 M and will be applied across all 128 districts of Mozambique.
Study Framework
This Study forms a Resettlement Policy Framework (RPF) for the proposed construction/rehabilitation of administrative office spaces. The specific nature of the works envisaged in this programme will vary from district to district and depend on the type and physical condition of existing administrative infrastructure.
In general, it is anticipated that the works will involve the construction of an extension to the existing installations of the District Administration, therefore providing additional office and meeting space, or in some cases the rehabilitation of existing District Administration office space to improve it’s condition and utility with a view to provide an adequate and an appropriate space for the effective functioning of District Consultative Councils.
Relevant Legal Framework
This Resettlement Policy Framework (RPF) has been prepared as part of the World Bank’s guidelines to assess the potential causes for involuntary displacement in line with World Bank’s Operational policy on Involuntary Resettlement (OP 4.12).
The RPF establishes that prior to undertaking any resettlement activities, an analysis will be conducted and a resettlement Action Plan prepared to determine positive and negative impacts of the proposed actions for the communities and families to be affected.
It is generally expected that the proposed civil works will not involve major land acquisition since the district administrations have space available to accommodate the required office spaces. The aim of this RPF is to present the procedures to be followed when the proposed civil works are identified as having impacts on land rights, assets or access to assets and which will entail ceding of land and assets by affected persons or entities in return for replacements or other forms of restoration.
As per the World Bank’s Operational Policy (OP 4.12), the proposed actions are covered by the stipulated category B projects on Involuntary Resettlement. The present RPF is therefore prepared based on translation of principles outlined on the World Bank’s Policy (OP 4.12) on involuntary resettlement into national practices and Regulations to make them more comprehensible and ensure competence and fairness in carrying out compensation and resettlement process.
The present RPF covers guidelines for compensation for land acquired voluntarily for the proposed actions without seeking compensation, as well as land acquired involuntarily for implementation of the proposed actions.
The guidelines for land acquisition for the proposed actions must ensure that whenever there is need for land for the proposed civil works or associated activities these guidelines must be taken into consideration to minimise the impacts of the affected person.
Responsibility for implementation of RPF
The RPF is designed to support the MPD in implementing activities funded by the World Bank specifically with regards to the proposed civil works at district level. It is therefore the responsibility of MPD to implement the present Framework in coordination with the Ministry of State Administration (MAE) as well as the Ministry of Public Works and Housing (MOPH).
MPD shall ensure that the present RPF is publicly disclosed and revealed and that the contractor and staff involved in the construction are made aware of this RPF and guarantee that there are skilled personnel for its implementation and monitoring.
The District Administrations are the main owners of the project, hence they have the ultimate responsibility to ensure an effective implementation of the RPF within their jurisdiction areas and ensure participation of all relevant stakeholders at district level.
Steps for assessment of Potential Negative Social and Economic effects
In order to ensure that the proposed civil works are adequately reviewed and assessed for potential negative social and economic effects and the affected person are adequately compensated, the present RPF covers the following steps:
· Establish screening process to determine whether or not a Resettlement Action Plan is required, as well as the process for preparing and approving RAPs
· Explicitly describe how RAPs for the activities will be submitted to projects authorities, reviewed and approved; how entitlements will be delivered, who will be responsible for ensuring that the resettlement process is carried out in compliance with the World Bank standards.
· Describe the Resettlement process
· Estimate the magnitude of impacts, budget for replacing impacted assets, and potential challenges to personnel implementing the project
· Establish eligibility criteria, including setting cut-off date for eligibility, identify different categories of people to be affected by the proposed activity including type of losses, and criteria to be used for compensation of each category of affected persons
· Describe methods for impact evaluation; explain the method used for inventorying assets, assessing values of each type of asset, and process for finalizing agreements with affected persons
· Describe mechanisms to address complaints
· Describe the arrangements for funding resettlement compensation and replacement of impacted assets – include costs of overall settlement
· Include minutes of consultation meetings and highlight concerns raised and how concerns are being addressed
· Provide a mechanism for monitoring the effective implementation of resettlement
· Describe contents of individual RAPs for the proposed activities
The above listed steps will ensure that the components of the proposed program are carefully examined to determine negative social and economic effects and ensure that the affected persons are adequately compensated for any loss or damage to their property or asset which may occur as a result of the proposed program.
1 INTRODUCTION 7
1.1 The Program 7
1.2 The Program Area 7
2 THE NEED FOR RESETTLEMENT POLICY FRAMEWORK ((RPF) 8
2.1 Legal Framework 10
2.1.1 Relevant National Legal Framework 10
2.1.2 World Bank Policies 11
3 CATEGORIES OF AFFECTED PERSONS 12
4 LAND OWNERSHIP IN MOZAMBIQUE 13
4.1 General Land Classification 13
4.2 General Land Acquisition, Title, Transfer and Term of Ownership 14
4.3 Land Tenure for the district administrations 15
4.4 Likely Number and Categories of Affected Project Persons (PAPs) 15
5 KEY STEPS FOR LAND ACQUISITION 17
6 THE SCREENING PROCESS 17
7 STEPS FOR PREPARATION OF THE RESETTLEMENT ACTION PLAN 18
7.1 Public Consultation and Participation 19
8 PROPOSED LAND ACQUISITION MECHANISM 20
8.1 Voluntary Land Contribution With Compensation 21
8.2 Voluntary Land Contribution Without Compensation 21
8.3 Involuntary Acquisition Of Land 22
9 ELIGIBILITY CRITERIA AND CONDITIONS FOR DISPLACEMENT OF PROJECT AFFECTED PERSONS 22
9.1 Procedures for Payment of Compensation 23
9.2 Mozambican Legislation On Compensation 24
9.3 Conditions to be followed in Resettlement of People 24
10 NOTIFICATION, VALUATION PROCEDURES AND ENTITLEMENTS 25
10.1 Notification Procedure 25
11 COMPENSATION PAYMENTS AND RELATED CONSIDERATIONS 25
11.1 General Considerations 26
11.2 Compensation for Land 26
11.3 Land measurement 26
11.4 Compensation Rates for Labour 26
11.5 Compensation for Buildings and Structures 27
11.6 Compensation for business structures and business opportunities 27
11.7 Compensation for Sacred Sites 28
11.8 Compensation for vegetables and other crops 28
11.9 Compensation for Horticultural, Floricultural and Fruit trees 28
12 ENTITLEMENTS FOR COMPENSATION 29
13 PROCEDURE FOR DELIVERY OF COMPENSATION 29
13.1 Consultation and Public Participation 29
13.2 Notification of Land Resource Holders 29
14 COMPLAINTS AND GRIEVANCES MECHANISMS 29
14.1 Budgetary Implications and Funding 30
15 APPENDIX 1 – OUTLINE OF CATEGORIES OF LOSSES AND THEIR IMPACTS ON PAPs 31
16 APPENDIX 2: PROCEDURES FOR PREPARATION, REVIEW AND APPROVAL OF RAP 32
17 APPENDIX 3: TABLE 1 FRUIT TREES COMPENSATION 34
LIST OF ACRONYMS
DPCA Provincial Directorate of Coordination of Environmental Action
EA Environmental Assessment
EIA Environmental Impact Assessment
EMP Environmental Management Plan
ESMF Environmental and Social management Framework
GoM Government of Mozambique
GPS Global Positioning System
HIV/AIDS Human Immunodeficiency Virus/Acquired Immunodeficiency Syndrome
MAE Ministry of State Administration
MICOA Ministry for the Coordination of Environmental Affairs
MOPH Ministry of Public Works and Housing
MPD Ministry of Planning and Development
NGO Non governmental organization
NDPFP National Decentralised Planning and Finance Program
OP Operational Policy
PPFD Decentralised Planning and Finance Program
PAPs Project Affected Persons
RAP Resettlement Action Plan
RPF Resettlement Policy Framework
ToR Terms of Reference
WB World Bank
INTRODUCTION
1.1 The Program
The need is foreseen in the NPDPF for a minor civil works programme at district level relating to the construction and/or rehabilitation of administrative infrastructure to provide modest office space for district planning related activities and a space for meetings of the districts technical team and the district consultative councils. The total value of these works across all 128 districts is estimated to be in the order of $10 M.
At the moment, the districts are characterised by a general lack of office space to accommodate members of consultative groups and technical teams expected to hold regular meetings in line with participative planning of the district as required by the decentralised planning and finance programme. Additionally, more office equipment is needed to support district’s planning activities, and hence more space is needed to ensure that such equipment is adequately stored.
The objective of the proposed programme is to:
· Strengthen the capacities of the local administrations for participative planning, through making appropriate office space for meetings of technical groups and consultative councils and providing appropriate space for storing office equipment (computers, printers, GPSs etc);
· Contribute to a more effective and transparent management of public resources and effective targeting of poverty alleviation in rural areas through provision of basic services at the local level.
1.2 The Program Area
It is expected that the proposed civil works program will cover the 128 districts of the 10 provinces of Mozambique. The level of intervention in each of the district is not known at the moment. It is expected that the implementation of the activities will be preceded by an assessment of need on case-by case, to determine whether a construction or rehabilitation works are necessary for each district.
Figure 1 below shows the Map of Mozambique
2 THE NEED FOR RESETTLEMENT POLICY FRAMEWORK ((RPF)
Involuntary resettlement associated with development projects may result in human suffering due to the following reasons:
· disruption of social structures, cultural identity and local authority;
· disruption of production systems;
· skills of affected person becoming inapplicable in new social settings
· weakened community and social networks
· Loss of egalitarian culture among communities
Resettlement of people is a result of development projects is a result of the need for land which often does not fully take into account the negative social effects associated to the actions. The affected person usually are affected by loss of their agricultural land and other assets such as buildings, loss of physical space in relation to proximity to communal resources such as water, markets, health and other social infrastructures.
The main objective of the present Resettlement Policy Framework (RPF) is to devise a screening process for the proposed civil works in order to mitigate any social effects that may result from situations where land acquisition is necessary as well as ensuring that compensation issues are well conceived and carried out in an effective manner. Resettlement and compensation therefore involve providing sufficient resources for the affected persons and displaced from their land and resources. This can be facilitated by an effective communication and collaboration between the affected person and the project proponent in order to identify the needs fro improvement of livelihoods and appropriate livelihood conditions in the host areas.
The present Resettlement Policy Framework (RPF) provides guidelines to develop adequate mitigation and compensation measures, for the impacts likely to result from future project activities whose exact locations are not known prior to project appraisal. The RPF is to be used as a practical tool to guide the preparation of Resettlement Action Plans (RAPs) for subproject activities during implementation of the proposed civil works.
It is envisaged that the proposed civil works for construction of spaces for the district administration will not require major direct land acquisition since the administrations in general have space available within their premises to allow the building of the required infrastructures. Thus, resettlement of people is likely to be minimal even where new constructions are necessary. The aim of this RPF is to present the procedures to be followed when the proposed civil works are identified as having impacts on land rights, assets or access to assets and which will entail ceding of land and assets by affected persons or entities in return for replacements or other forms of restoration.
This RFP therefore is necessary to provide guidelines to address concerns of affected persons in relation to:
· land is contributed voluntarily for the development project activities in return for compensation;
· land is contributed voluntarily for development project activities without seeking compensation; and
· land is acquired involuntarily for the development project activities.
The guiding principle for land acquisition shall be that where land is required for implementation of the proposed activities of the civil works program, appropriate safeguards shall be observed with a view to minimize the negative effects upon the affected communities.
The present RPF shall be used on all proposed civil work activities for settling disputes. The RPF is aimed to be used by proponents implementing the WB’s financed programs/projects (Category B) for the proposed civil works and will also be used to guide implementation of WB’s funded activities buy NGO and private entities. The RPF is elaborated to cater for any potential population disturbances direct and indirect resulting from the implementation of the proposed civil works within the districts.
2.1 Legal Framework
2.1.1 Relevant National Legal Framework
This RPF is elaborated in consideration of the Land Law (Law No. 19/97) which addresses land issues in Mozambique and covers the key aspects of land occupation and in Mozambique. In addition, the RPF considers the various aspects of the Land Law namely:
· the acquisition of the right of land use and benefit by customary occupancy in good faith,