RP1397

REPÚBLICA DE MOÇAMBIQUE

MINISTÉRIO DA PLANIFICAÇÃO E DESENVOLVIMENTO

DIRECÇÃO NACIONAL DE SERVIÇOS DE PLANEAMENTO

Mozambique Integrated Growth Poles Project

(P127303)

RESETTLEMENT POLICY FRAMEWORK

Draft Final

Maputo, February 2013

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LIST OF ACRONYMS

ANE National Roads Administration

CBNRM Community-Based Natural Resource Management

DA District Administration

DCC District Consultative Council

DNA National Directorate for Water

DNE National Directorate for Energy

DNPO National Directorate for Planning

DNAPOT National Directorate for Land Planning

DNPA National Directorate for Environmental Promotion and Education

DPA Provincial Directorate of Agriculture

DPCA Provincial Directorate for the Coordination of Environmental Affairs

DPOPH Provincial Directorate of Public Works and Housing

EA Environmental Assessment

EDM Electricidade de Moçambique

EIA Environmental Impact Assessment

EMP Environmental Management Plan

ESIA Environmental and Social Impact Assessment

ESMF Environmental and Social Management Framework

ESMP Environmental and Social Management Plan

FAO Food and Agriculture Organization

FIPAG Water Supply Investment and Asset Management Fund

GAZEDA Special Economic Zones Office

GDP Gross Domestic Product

GOM Government of Mozambique

IDA International Development Association

IDCF Innovation and Demonstration Catalytic Fun

MAE Ministry of State Administration

MCA Millennium Challenge Account

MCC Millennium Challenge Corporation

MDP Municipal Development Project

MICOA Ministry for the Coordination of Environmental Affairs

MINAG Ministry of Agriculture

MISAU Ministry of Health

MOF Ministry of Finance

MOPH Ministry of Public Works and Housing

MSME Micro Small and Medium Enterprises

NCSD National Commission for Sustainable Development

NEMP National Environmental Management Programme

NGO Non-Governmental Organization

PARPA Action Plan for the Reduction of Absolute Poverty

PAP Project Affected People

PCU Project Coordination Unit

PDD District Development Plans (Plano Distrital de Desenvolvimento)

PDPF Provincial Directorate of Planning and Finance

PDUT District Land Use Plan

PEPA Environmental Quality Standards of Mozambique Projects

PLPP Provincial level project personnel (with monitoring responsibilities)

PPU Provincial Project Unit

PRS Poverty Reduction Strategy

RAP Resettlement Action Plan

RPF Resettlement Policy Framework

SDAE District Services of Economic Activities

SDMAS District Services of Women, Social Affairs and Health

SDPI District Services of Planning and Infrastructure

ToR Terms of Reference

UCA Coordination and Support Unit

UNDP United Nations Development Program

WB World Bank

WHO World Health Organization

ZVDA Zambezi Valley Development Agency

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ACKNOWLEDGEMENTS

The preparation of the RPF comes under the Integrated Growth Poles Project (PROJECT), which is the World Bank (WB) support to the Government of Mozambique (GOM) strategy for inclusive and broad-based growth. The RPF is meant to ensure that relevant World Bank Safeguards Policies and GOM environmental and social policies are strictly adhered to in the design and implementation of specific subprojects.

The author, Mario Souto, wishes to thank all those who offered their valuable time to provide all kinds of information and data including in-depth perspectives during interviews and discussions and those who shared documents prior to and during the preparation of this document.

Special words of appreciation and acknowledgement go to managers and technical staff of government institutions and public companies who are the main stakeholders of this Project. They were committed and worked tirelessly to ensure that they gave their outmost feedback such that issues and concerns were conveyed adequately during the long and fruitful discussions. Reference is made to institutions such as MICOA, MINAG, CFM, FIPAG, GAZEDA, ZVDA, Provincial and District Governments.

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TABLE OF CONTENTS

LIST OF ACRONYMS i

ACKNOWLEDGEMENTS iii

TABLE OF CONTENTS iv

EXECUTIVE SUMMARY vii

SUMÁRIO EXECUTIVO xi

1 INTRODCUTION 11

2 PROJECT DESCRIPTION 11

2.1 Project Development Objectives and Principles 11

2.2 Project Components 11

2.3 Anticipated sub-Project types under the Project 11

2.4 Sub-project activities ineligible for funding 11

3 PROJECT IMPLEMENTATION ARRANGEMENTS 11

3.1 Implementation by Component 11

4 DEVELOPMENT CONTEXT IN MOZAMBIQUE AND THE PROJECT AREA 11

4.1 General Context of Country Development and Project Relevance 11

5 PROJECT TARGETED AREAS 11

5.1 Location 11

5.2 Socio-economic Situation 11

5.4.1 The Zambezi Valey (Tete, Manica, Zambezia and Sofala Provinces) and Angonia Growth Pole 11

5.4.2 Nacala Corridor (Tete, Niassa and Nampula Provinces) and Nacala Growth Pole 11

6 POTENTIAL IMPACTS OF THE PROJECT 11

7 PRINCIPLES AND OBJECTIVES FOR THE PREPARATION AND IMPLEMENTATION OF A RESETTLEMENT POLICY FRAMEWORK 11

8 THE SOCIAL SCREENING PROCESS 11

9 PREPARATION AND APPROVAL OF RESETTLEMENT ACTION PLANS 11

9.1 General Considerations 11

9.2 Public Consultation and Participation 11

9.3 Template for the Design of Subproject RAPs 11

9.4 Approval and Publci Disclosure of Site Specific RAP 1140

10 LEGAL FRAMEWORK 41

10.1 Relevant Mozambican Laws and Regulations 41

10.2 World Bank Policy Requirements 11

10.3 Gaps Between Local Laws and Bank Policy 11

11 ELIGIBILITY CRITERIA AND PRACTICAL ASPECTS OF RAP PREPARATION AND IMPLEMENTATION 11

12 METHOD FOR VALUATION AND COMPENSATION FOR LOSSES 11

13 INSTITUTIONAL FRAMEWORK 11

14 RESETTLEMENT MEASURES 11

15 COMMUNITY PARTICIPATION AND STAKEHOLDER INVOLVEMENT IN PLANNING, IMPLEMENTATION, AND MONITORING 11

16 GRIEVANCE REDRESS MECHANISM/ PROCEDURES 11

17 ARRANGEMENTS FOR RESETTLEMENT FUNDING 11

18 MONITORING AND EVALUATION ARRANGEMENTS 11

19 ESTIMATED RPF BUDGET 11

References 11

List of Figures

Figure 1: Overview of the Project Area (Zambezi Valley and Nacala Corridor) vii

Figure 2: The main development corridors in Mozambique 11

Figure 3: The Districts of the Zambezi Valley 11

Figure 4: The PROJECT districts in Nacala Corridor 11

Figure 5: Angonia growth pole 11

Figure 6: Nacala growth pole 11

Figure 7: Various water uses in the Zambezi Valley (Shire River) 11

Figure 8: Men and women selling maize in the informal markets of Tete City 11

Figure 9: Land use planning session in Morrumbala District (Zambezia Province) 11

List of Tables

Table 1: Population of the Zambezi Valley by districts 11

Table 2: Population of Nacala Corridor by districts 11

Table 3: Possible resettlement implication of the Project 11

Table 4: Comparison of Mozambican Law and World Bank OP/BP4.12 on compensation 11

Table 5: Entitlement Matrix (Summary) 11

List of Annexes

Annex 1: Project Screening Form K

Annex 2: Preliminary Environmental Information Sheet K

Annex 3: Status Quo of Preparation of District Land Use Plans in the Project Area (provinces) K

Annex 4: Guidelines for site specific RAPS……………………………………………..

Annex 5: Outline of a RAP…………………………………………………………….

Annex 6: Summary of Main Issues from the Public Participation/Consultation Process 11

Annex 7: Procedures for Chance Find of Physical Cultural Resources…………………..

Annex 8: Social Audit Document for the 400 ha of GAZEDA Land for the Nacala SEZ…..

Annex 9: List of Contacts K

Annex 10: Terms of Reference for the Formulation of the ESMF, PMP and RPF K

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EXECUTIVE SUMMARY

Introduction

The RPF outlines a number of principles to be adhered to in the implementation of the Integrated Growth Poles Project (Project), through which the World Bank (WB) will support the Government of Mozambique (GOM) strategy for inclusive and broad-based growth.

The focus of the support will be on the two main pillars of the Government’s Plano de Acção de Redução da Pobreza (PARP, 2011-14) (i) increasing agricultural production/productivity; and (ii) employment through targeted interventions to strengthen the dynamism of the private sector to drive economic growth and accelerate job creation.

The project will be implemented in the (i) Zambeze Valley; (ii) Nacala Corridor, which due to a combination of factors are witnessing unprecedented growth fueled largely by mining (mainly coal) operations in Moatize (Tete province). Initial focus will be on two carefully selected growth poles, namely Angonia (comprising the districts of Angonia, Tsangano and Macanga districts in Tete province) and Nacala (Nacala Porto and Nacala-a-Velha city and town, respectively).

Figure 1: Overview of the Project Area (Zambezi Valley and Nacala Corridor)

In permanent and close consultation with the GOM the World Bank will ensure that the strategic interest of inclusion, diversification, creation of employment and income generating opportunities are created around the mega projects in the project area. Priority infrastructure will be identified, planned and built and training, capacity building and demonstration activities will be carried out. This will be complemented by the strengthening of the enabling environment as well as the adoption of adequate measures for intervention monitoring and evaluation.

Project Components

The project will have four main components with the following preliminary allocation of funds:

Component 1: Support for the Tete agribusiness growth pole in the Zambezi Valley (US$ 39.0 million): The objective of this component is to provide integrated support for the upgrading of targeted local infrastructure and privately-executed public investments primarily oriented towards increasing smallholder production, linking smallholder farms and MSMEs to emerging supply chains, and increasing agro-processing activities in the Zambezi Valley. The local infrastructure investments will focus on the districts of Angonia, Tsangano, and Macanga in Tete Province to upgrade two key rural roads linking agricultural areas to primary roads that will provide producers all weather access to markets. This component is subdivided into two subcomponents, namely: Sub-component 1A: Upgrading of local infrastructure (US$ 21.5 million) that will consist of the (A) Rehabilitation of Market Access Roads, and (B) Minor civil and ancillary works. Sub-component 1B: Innovation and Demonstration Catalytic Fund (IDCF) investments in the Zambezi Valley (IDA allocation: US$17.5 million, Total: US$35.0 million) to improve the ability of smallholder farms/MSMEs in the Zambezi Valley to access markets through market-oriented private and complementary public investments.

Component 2: Support for the Nacala Special Economic Zone (SEZ) in the Nacala Corridor (US$ 43.0 million): The objective of this component is to provide support for the development of the Nacala Corridor. Activities are focused on (a) upgrading last-mile infrastructure for the development of the Nacala SEZ (water supply system and an access road), and (b) supporting privately-executed public investments to increase smallholder production, link smallholder farms to emerging supply chains, and increase agro-processing activities. This components is also subdivided into two subcomponents: Sub-component 2A: Upgrading of Nacala SEZ physical infrastructure (US$ 30.5 million) and Sub-component 2B: Innovation and Demonstration Catalytic Fund (IDCF) investments in the Nacala Corridor (IDA allocation US$12.5 million, Total: US$25.0 million), with similar objectives and modality as those expressed for Sub-component 1B.

Component 3: Institutional Development and Capacity Building (US$10.0 million): The objective of this component is to provide multi-year support to key public agencies to strengthen their capacity to plan, coordinate and implement public and multilateral investment programs. At the National level the focus will be on building capacity of the newly established Department of Public Investments within MPD. At the Provincial level the capacity building activities will focus on ZVDA and GAZEDA with some support for the Provincial and Municipal authorities. The component will finance (i) Training, equipment and consultancies for planning, coordination and implementation of public investment programs, (ii) training, equipment and consultancies for the ZVDA and related public sector agencies in the Zambezi Valley, and (iii) training, equipment and consultancies for GAZEDA and related public sector agencies in the Nacala Corridor.

Component 4: Project Implementation (US$8.0 million): Investments under this component will support the operations of the PCU in MPD which includes two regional Project Managers co-located in ZVDA and GAZEDA to coordinate and support Project implementation. The component will support project implementation costs including: (i) PCU staff (ii) PCU operating costs, (iii) consultants for ANE to supplement contract supervision capacity, (iv) IDCF Fund Manager and initial project preparation costs, (v) training and consulting studies (vi) data collection, compilation and analysis and establishing a Project monitoring and evaluation system, (vii) safeguards management including training, preparation of RAPs, ESIAs and ESMPs and monitoring of implementation of safeguards instruments (viii) impact evaluation.

Physical interventions will be in the form of:

§  Roads, utilities, district/municipal facilities and logistics facilities including urban water supply (Nacala Porto);

§  Feeder roads

§  Value-adding facilities for commercial agribusiness.

Project Formulation and Implementation Arrangements

A consultative and participatory process will be adopted in the identification and selection of specific and final sub-projects to be considered for funding. Among others the provinces and districts will review their strategic development plans and ensure that relevant plans and projects become part of the Project.

The ESMF basic principles and requirements will be applied throughout the entire project life cycle.

The project preparation is under the overall responsibility of MPD. A Steering Committee chaired by MPD and bringing together the main sectors involved in the Project (ZVDA, GAZEDA, MPD, MICOA, MTC, MOPH and MINAGRI) will assist in project management and ensure that relevant stakeholders participate in its management.

Development Context

The Project happens at a time when the Mozambican economy is recording accelerated growth rates, which are supported by high levels of assistance from Development Partners. The growth rates result from the efforts in the field of macroeconomic policy management and strengthening the enabling environment for promotion of domestic and foreign private investment. Economic growth has been driven by (i) foreign direct investment in mega projects and operating large-scale high-value agricultural products such as cotton, sugar and tobacco, (ii) the favorable agricultural growth, and (iii) infrastructure rehabilitation projects, including roads.

However, despite the remarkable growth, the country continues to be among the world's poorest. The country is in the 184th position among 187 countries in terms of human development index. A number of institutional and other constraints continue to hamper the delivery of basic social services.

The country’s economy is characterized by a very small number of mega projects on the one hand, and the family and informal sector, on the other, which encourages imbalances in development and affects diversification of production and access to the benefits of the development by a significant proportion of the population. Investments in infrastructure such as roads, water supply and sanitation, energy, telecommunications, etc. should continue to play a role in this process of stabilization and gradual elimination of imbalances. Strengthening micro, small and medium size enterprises (MSMEs) is seen as key to changing the prevalent situation.

The two regions that define the project area are rich and diverse in terms of the receiving physical, biological and socioeconomic environment. Interventions need to be adequately planned, implemented, monitored and evaluated to ensure that such environment is not adversely affected.