RESETTLEMENT ACTION PLAN FOR THE MOZAMBICAN INTEGRATED TRANSMISSION BACKBONE SYSTEM (STE PROJECT) – PHASE 1: VILANCULOS - MAPUTO DRAFT REPORT Prepared for Prepared by: Illuminating the Transformation of Consultec – Consultores Associados, Lda. Mozambique April 2019 RESETTLEMENT ACTION PLAN FOR THE MOZAMBICAN INTEGRATED TRANSMISSION BACKBONE SYSTEM (STE PROJECT) – PHASE 1: VILANCULOS - MAPUTO FINAL REPORT Electricidade de Moçambique, E.P. Av. Zedequias Manganhela, No. 267 Prédio Jat IV – 1st Floor Maputo, Mozambique Tel: +258 21308946 Fax: +258 21431029 Consultec - Consultores Associados, Lda. WSP Environmental (Pty) Ltd Rua Tenente General Oswaldo Tazama, No. 169 South View, Bryanston Place Maputo, Mozambique 199 Bryanston Drive Bryanston, South Africa Tel: +258 21491555 Tel: +27 11 361 1392 Fax: +258 21491578 Fax: +27 11 361 1381 April 2019 Resettlement Plan – Final Report 2 TERMS AND DEFINITIONS Census: A field survey – in census format, i.e. reflecting 100% of sample group – carried out to identify and determine the number of project affected persons (PAPs) and their assets, socio- economic circumstance and livelihood strategies; conducted in accordance with the procedures and regulations guided by the National legislation and World Bank Safeguard Policies. The census is complemented by additional information gathered during consultations with affected communities and local leaders and district authorities. Compensation: Monetary payments or in-kind replacement (such as land for land or house for house), to which the PAP’s are entitled to replace lost assets, income and/or resources. Cut-off date: is not stipulated within the national legislation and as such is considered to be the date on which the census data reflecting the information (see census above) on PAPs is approved by the local communities and district authorities in a particular geographically bound area. This is the date on which possession, occupation and assets are confirmed and beyond which any person(s) who subsequently occupies land within the partial protection zone (PPZ), will not be eligible for compensation. The legitimacy of claims made subsequent to cut-off date will, however, be assessed within the grievance management mechanism (GMM) and claimants found to have a valid claim shall be considered eligible. Entitlements: are considered a range of measures defined in this report such as monetary and in- kind compensation, disturbance measures, relocation and livelihood restoration packages which are due to the PAP’s in accordance with their losses, in order to restore their social and economic base. Grievance Management Mechanisms (GMM): institutionalised procedures, tools and processes that serve as a means to timeously address and resolve complaints and conflict emanating from the Project and ensure that the rights and entitlements of the PAP’s and affected communities are not undermined by the Project. It facilitates communication and dialogue between affected people and the Project and provides a transparent, neutral and impartial arbiter to which PAP’s may appeal to address any Project related concern, such as compensation, entitlement, relocation and livelihoods restoration. Involuntary resettlement: involves the separate processes of displacement and resettlement. On the one hand, it refers to both physical displacement (loss of home or shelter) and economic displacement (loss of assets or access to assets – including natural resources – which leads to loss of income or means of livelihood). On the other it refers to the processes of resettlement of individuals, households and/or communities either temporarily or permanently and which is generally associated with processes by which those adversely affected by displacement processes are assisted in their efforts to improve, or at least restore, their incomes and livelihoods. Resettlement is considered involuntary when PAP’s do not have the right to refuse the land acquisition which results in their displacement. Land acquisition: all methods utilised to obtain land for the purposes of the project. In this context, land acquisition involves temporary or permanent revocation of the right to utilise the land (land use right) or the imposition of limits and restrictions to the land use right. Resettlement Plan – Final Report 3 Livelihoods: the full range of means and strategies which individuals, households and/or communities draw on and utilise in order to make a living and/or sustain themselves. It includes wage-based income, bartering and trade, subsistence agriculture and fishing, foraging and making use of other natural resources, amongst other things. Machamba: agricultural land plot, typically utilised for subsistence farming in Mozambique. Project affected persons (PAPs): individuals, households, groups and/or communities who, as a result of land acquisition or involuntary displacement (either permanently or temporarily) are adversely affected, either economically and/or socially (psychologically, emotionally and in terms of social networks). PAPs include all those adversely impacted by the project, irrespective of whether they hold formal legal rights to assets or land, they have a claim to said assets or land that is recognisable under national legislation or whether they hold no recognisable legal right or claim to assets and/or land which they use and/or occupy in function of their livelihoods. Replacement cost: a method of valuation that results in compensation (as defined above) sufficient to replace a lost asset. This valuation in principle reflects current market prices or the equivalent and includes all necessary transaction costs associated with asset replacement. Resettlement Assistance: measures implemented to ensure that PAP’s who may be required to be physically relocated, regardless of their tenure rights and in addition to compensation for lost assets where necessary, are provided with assistance, such as moving allowances, land, residential housing or rentals whichever is deemed prudent, livelihood support and compensation for any transitional losses. Resettlement Action Plan (RAP): time bound resettlement plan, setting out schedule and costs, objectives and actions and including legislative framework, eligibility criteria, entitlements, institutional arrangements and framework for the monitoring and evaluation of the resettlement implementation process. Vulnerable Groups: Individuals and/or households who are more likely to be confronted with multiple and compounding barriers and/or challenges to restoring and improving their standards of living and as such will take longer to return to pre-resettlement livelihood standards, and hence may be disproportionately affected by the impacts of involuntary resettlement. Such individuals and households are considered to include female headed households, child headed households, households headed by the elderly and/or those with disabilities are examples of vulnerable households, as are households with members who are chronically ill, have no members who are employed, have incomes below the national poverty line, suffer from chronic food insecurity and/or have low levels or no education. Resettlement Plan – Final Report 4 Executive Summary  Introduction Relatively strong economic growth in Mozambique over the past two decades, has resulted in the countries increased demand for electricity. In addition, the countries relatively significant generational potential is perceived as an important cog within the Southern African Power Pool (SAPP). The Mozambican Energy Sector Strategy of 2009 recognises both these issues and identifies them as important factors contributing to national and regional economic growth and poverty alleviation. Mozambique’s power supply network, operated by the national utility (EDM), is currently comprised of two separate and isolated power systems:  Central Northern system – fed by Cahora Bassa hydropower plant (2 075 MW capacity), as well as by other smaller plants, namely Chicamba and Mavuzi hydropower plants (38 MW and 52 MW, respectively) and a gas turbine power plant in Beira (12 MW). This system supplies the northern and central regions of Mozambique, namely through the following infra- structure: o 220kV transmission line from Songo-Matambo substation to Nampula substation and 110kV system, which connects to Nacala, Moma, Lichinga, Pemba, Auasse and Marromeu; o 220kV transmission line from Songo-Matambo substation to Chibata substation. From Chibata substation at a voltage level of 110kV there is a link with Chicamba and Mavuzi hydro power plants and then to the main load points namely Beira, Chimoio and Manica. From Manica there is an interconnection with ZESA system at 110kV (Manica – Mutare line).  Southern system – fed by the Southern Africa Power Pool (via Maputo and Infulene substations, at 275 kV and 110 kV respectively), as well as by a 16 MW hydropower plant at Corumana and gas-fired generating facilities in Maputo (52 MW capacity) and Ressano Garcia (270 MW capacity). This system supplies the southern region of Mozambique, through a 110-kV system, from the Maputo, Infulene, Lionde, Xai-Xai and Lindela substations. While this transmission and distribution system has been adequate to supply Mozambique’s basic power needs over the past few decades, the continued development of Mozambique’s economy, primarily in relation to the development of mining and oil and gas project’s, will require a significant overhaul of the power transmission network. The STE Project is a fundamental component of this overhaul and seeks to link the two isolated systems. The STE Project will be implemented over two phases, with the first and current phase focused on the southern region. The STE Project Phase 1 includes a new 561 km long 400 kV HVAC transmission line between Vilanculos and Maputo, the construction of three new substations - Vilanculos, Chibuto and Matalane (in Marracuene) and the upgrade of the Maputo substation (in Boane). Resettlement Plan – Final Report 5 As per the World Bank’s OP 4.12, it is a requirement that projects of this nature and ones which imply resettlement, develop a Resettlement Action Plan (RAP), which adheres to and conforms with the World Banks safeguards. In addition, the national legislative environment likewise requires that, for all projects requiring resettlement, a RAP, fulfilling the requirements set forth in the ministerial resolution No 156/2014 be developed. As a result, this RAP endeavours to fulfil the requirements of both the WB and the national legislative environment. Scope of Work that has guided the development of this report are as follows: Socio-economic Survey Report – consisting of an updated full census of all households and affected peoples directly affected by the project, defined as those within the Partial Protection Zone, which includes an area of 100 meters centres along the proposed transmission line (50 on either side) and the areas earmarked for the three new substations as well as that required for the expansion of the Maputo (Boane) substation. A full Resettlement Action Plan (RAP), which is intended to guide the land acquisition process and its resultant resettlement and livelihoods restoration processes.  Project description The STE is a linear project which runs from Vilanculos to Maputo and will require a land area of 100 meters along the entire length of the line. It will also require land areas for the three new substations of Vilanculos, Chibuto and Matalane, in addition to land required for the expansion of the Maputo (Boane) substation. The proposed transmission line will traverse three provinces and 13 districts and will require land acquisition which will result in involuntary resettlement. Province Districts Vilanculos, Massinga, Inhambane Funhalouro, Panda Chibuto, Mandlakaze, Gaza Chokwe, Bilene Magude, Manhiça, Maputo Marracuene, Moamba, Boane Key project components:  A new 561 km long 400 kV HVAC transmission line between Vilanculos and Maputo;  Three new substations in Vilanculos, Chibuto and Matalane;  The expansion of the Maputo (Boane) substation; and  Ancillary infrastructure (for which a separate Resettlement Policy Framework has been developed). Resettlement Plan – Final Report 6  Resettlement A total of 898 households, across 11 of the thirteen districts were identified as those who will be involuntarily resettled. 410 of whom will be permanently physically resettled, 167 whom will be permanently economically resettled and a total of 307 who will be temporary economically resettled.  Legal and regulatory framework This RAP has been developed according to the World Bank’s safeguard mechanisms and particularly the OP 4.12 and the Mozambican legislative environment, including relevant laws, decrees, regulations and policies.  Methodology and approach In compliance with both the national legislation and the OP 4.12, the quantitative and qualitive data was gathered from secondary sources and two participative full census survey of the PAP’s and the entire project area. The first socio-economic survey took place during the fallow season whilst the second during the sowing and harvesting season. The first survey was concluded in September 2018 and the second in April 2019.  Socio-economic profile of PAP’s Demographics The project area is vast, given that the STE is a linear project and consists of both sparsely populated areas, such as in the districts of Funhalouro, Panda and Mandlakaze, as well as more densely populated districts, such as Boane, Moamba and Marracuene. The population within the project area are also urban/peri-urban (Boane, Moamba, Bilene and Marracuene) and rural (Funhalouro, Panda, Magude, Chokwe, Chibuto, Manhiça and Mandlakaze). The vast majority of those to be resettled have been identified as within the districts of Boane, Moamba and Marracuene. The demographics in the project area are fairly consistent with those of the southern region of the country, with a similar gender balance, a generally predominantly young (under 15 years of age) population and a prevalence of male headed households. Education levels are very low, with high illiteracy rates having been reflected. Access to services Access to health services is relatively high in relation to the rest of the country, specifically in the more urban and peri-urban areas, however, services such as water and sanitation remain poor across the board, with only 12% having piped water and 50% of the PAP’s utilising traditional latrines and 24% reporting no access to sanitation at all. Livelihoods strategies and employment Formal employment amongst the PAP’s is very low, and particularly so in the rural areas of the project. The districts of Boane and Moamba, on the other hand show relatively high employment figures for the context, at 56.3% and 20.3% respectively. The majority of the PAP households, Resettlement Plan – Final Report 7 however, rely heavily on subsistence agriculture, either wholly as in the more rural areas or as a necessary supplement to their employment income as in the cases of the urban and peri-urban areas. This is evident from the facts that the majority of households, including those employed participate in other activities such as agriculture and animal husbandry to supplement their income. Income sources and levels Income sources of the affected households are relatively diverse, as a result of the majority of households living within the peri-urban or urban areas. This diversity, however, does not reflect income stability as most households are engaged in the sale of various items and informal trading. Income levels as a whole across the project area are extremely low, with 52% of PAP households earning less than MZN 5000 per month and 79% earning less than 1 dollar a day per household member. Vulnerability The vast majority of households within the project area are considered vulnerable, with the survey having noted 6 child headed households, 131 female headed households, 98 households headed by elderly, a further 98 headed by individuals who are illiterate and 166 households with mentally impaired and/or chronically sick member. Coupled with this the surveys found that a total of 606 households had reported incomes of lower than the poverty line.  Compensation and entitlement framework This RAP utilised the OP. 4.12 as its point of departure when elaborating the eligibility and entitlements. In addition, it ensured adherence to the national decree 31/2012 on households directly and indirectly affected by the Project. For entitlement and compensation, the RAP utilised the OP 4.12 and World Bank safeguards as its basis with respect to setting the criteria and compensation to which PAP’s are entitled. The total number households identified for compensation, resettlement and livelihoods restoration measures, Total 898 HH’s All physically affected households 433 All economically affected households – both temporary and permanent 465 Physical resettlement In accordance with Decree 31/2012 and OP 4.12, all resettled HH’s will be entitled to conditions and living standards equal to or improved from those of pre-resettlement levels. HH’s with homes of less than 70m2 will be compensated through the provision of a standard three-bedroom home and land parcel of equal or improved condition. Where replacement land is scarce and/or resettlement areas are deemed unacceptable to PAP’s, they will be offered the option of a replacement land parcel and monetary compensation for the home. Such an option will, however, not be made available to vulnerable HH’s. PAP’s will receive disturbance and livelihoods support. Resettlement Plan – Final Report 8 For homes larger than 70m2, households will be entitled to monetary compensation for the structure, at full market/replacement value, in addition to a land parcel of equal or improved condition. In addition, these PAP’s will be offered the option (choice) of a standard 70m2 replacement home and associated land parcel including cash compensation covering the difference in value, between current home and standard replacement home. A vulnerability assessment will be conducted prior to offering such a choice, in order to ensure that the livelihoods and future of vulnerable households are protected. Economic resettlement For temporary loss of agricultural land and/or businesses, all assets will be compensated at full market value. All trees and/or crops, irrespective of the age and/or productivity will be compensated for in full, on the basis of a market validation (FRC), or in accordance with the ministry of agricultural compensation table, depending on whichever is of the higher value. Compensation will be provided for all loss of income/earnings up until pre-resettlement earning levels are restored. PAP’s will receive disturbance and livelihoods support. For permanent loss of agricultural land and/or businesses, all assets, including crops and trees, will be compensated against a current market validation (FRC) plus any transaction costs, or in accordance with the published ministry of agriculture’s crop and trees value table if higher. Irrespective of the age and/or productivity of the crops/trees, all will be compensated at their highest value. PAP’s will be compensated with a land parcel of equal or better conditions to that which was lost. Compensation will be provided for all loss of income/earnings up until pre-resettlement earning levels are restored. PAP’s will receive disturbance and livelihoods support. For land within PPZ that will be returned to current users with restriction, PAPs may opt for replacement land or may stay on current plot under legally binding use agreement between themselves and EDM. Such legally binding agreements shall make provision and commitments to resettle and compensate PAP’s, should use be further restricted and/or EDM or other agency require the land. License for agreed uses will be obtained by EDM in favour of the PAP. PAP’s with houses under construction1 will be entitled to monetary compensation at full replacement value for structure and replacement land parcel of equal or improved condition.  Eligibility and entitlements framework All individuals, households and communities requiring physical and/or economic displacement, either permanent or temporary, or those who experience any loss as a result of the land acquisition and resettlement process, as described in Chapter 6. 1 Should construction be intended for use as household’s primary residence or should construction be completed and consist of households primary residence at the time of resettlement, such households will be included under the compensation model for those physically resettled. Resettlement Plan – Final Report 9  Livelihoods restoration measures Land acquisition and resettlement, whether temporary or permanent, can result in the loss of income or livelihood (or the lowering of livelihood conditions/levels/status etc), by preventing/restricting an individual or households’ access to his/her/their productive assets and/or place of employment. Cash and/or ‘in kind’ compensation packages for lost assets, whilst fundamental, are by themselves often not sufficient to ensure that no adverse impacts on the livelihoods of those resettled occur as a result of the project and the land acquisition. Projects of this nature, therefore, require additional measures in order to ensure that the livelihoods of affected individuals and households do not decline and, to the extent possible, are improved as a result of the processes of land acquisition and resettlement. Two types of measures will be provided to eligible PAP’s, namely transitional and disturbance support, and livelihood support measures in order to ensure the livelihoods of all PAP’s are improved or at the very least restored to pre-resettlement levels.  Monitoring and evaluation The monitoring and evaluation of the RAP will be performed in accordance with both local legislation and the World Bank’s safeguards. Two types of M&E have will be put in place, Output and activity monitoring and evaluation, is internal and will focus on the RAP implementation itself, and measurables which are a direct result of the inputs required to execute the RAP will be monitored. These measurables are considered essential to the RAP itself but do not necessarily enable the measurement or assessment of outcomes and/or results. The continuous and systematic monitoring and evaluation of implementation inputs and outputs will enable shortcomings and challenges to be detected at a relatively early stage so as to enable remedial and corrective action to be employed so as to ensure the smooth and speedy implementation of the RAP. The second type of monitoring and evaluation will be measured by impacts and outcomes This form of monitoring focuses on the impacts of the RAP implementation, and particularly, although not exclusively, in relation to the livelihood’s status of the PAP’s and affected households. Restoration and normalisation of PAP livelihoods is not immediate and may take a number of years, depending on the context and the socio-economic character or nature of the PAP’s. In this context of generalised poverty, high levels of vulnerability and food insecurity, it is anticipated that it may take between 3 to 5 years, possibly even longer, to achieve what may be considered a context of socio-economic stability and the restoration of pre-resettlement livelihoods.  Auditing Annual as well as completion audits will be undertaken by an independent third party, with experience in resettlement. The objectives of the audits are to assess:  The entire RAP implementation process to date, specifically in relation to its adherence to the RAP and the World Bank safeguards;  Assess progress against planned activities and outputs;  Impacts of resettlement efforts, remunerations and development support regarding PAP socioeconomic situation, as compared to pre-resettlement; Resettlement Plan – Final Report 10  RAP effectiveness in the identification and assistance to vulnerable or “at risk” groups;  Responsiveness to complaints and suggestions raised by stakeholders during the RAP implementation;  The transparency, participation and accountability of EDM in relation to the dissemination of pertinent information relating to the RAP implementation;  Identification of gaps and recommend corrective measures or remedial action, specifically in relation to the livelihood’s restoration measures. The annual audits will be performed for a period of at least four years, with the first commencing twelve months after the initiation of the `implementation of the RAP. Depending on the outcomes of the annual audits, a date will be set for the completion audits, which will take place 18 months and 36 months following the completion of the livelihood’s restoration measures.  Public Consultation In accordance with international best practices and Mozambican Legislation, all Interested and Affected Parties (I&APs) must be properly informed and participate in all phases of the resettlement process. The Mozambican Ministerial Decree 156/2014, of 19 September, states that during a resettlement process, a minimum of four public participation rounds need to be conducted. A minimum of two of those rounds are undertaken as part of the development of the RAP. For this RAP, given its scope, three rounds of public consultations have been concluded. The first round of the public participation process took place between 25 June and 25 July of 2017. This was followed up with a further round of public participation which was conducted from the 17th of August to the 17th of September 2018. The third and final round, related to the development of the RAP took place from 27th March to the 20th od April 2019. The overall objectives of these rounds of public participation were:  To present the Project to the communities crossed by the PPZ;  To present the possible impact which the Project may have in the communities;  To present to the population what their rights are, regarding the Project’s impacts, and specifically regarding potential resettlement impacts (as stipulated in Decree 31/2012 and Ministerial Resolution 156/2014);  To discuss compensation methodology;  Present the Grievance Redress Mechanism;  To discuss the possible host areas along the Project PPZ;  To discuss livelihood strategies and  To collect information regarding possible resettlement host areas in each community; and  To hear and clarify any questions that the population may have regarding the Project, and specifically regarding the resettlement process. The primary outcomes of the public participation processes were the successful dissemination of relevant information to the PAP’s, including on their rights and the means to object/complain and Resettlement Plan – Final Report 11 file grievances. In addition, specific host areas were, in principle agreed on and input derived from community participation was utilised as the basis for the development of the livelihood’s restoration measures. During the consultations, PAP’s made it clear than their preference is to continue utilising the land within the PPZ, despite the imposed restrictions and limitations.  Budget The total cost for the entire resettlement process, including all compensation and livelihoods restoration measures has been estimated at USD 38,633,235.00 Resettlement Plan – Final Report 12 TABLE OF CONTENTS 1 Project Description ....................................................................................... 21 1.1 Introduction .................................................................................................................. 21 1.2 Project Overview ........................................................................................................... 21 1.2.1 Objective and Desirability ........................................................................................ 21 1.2.2 Project Location and Scope..................................................................................... 22 1.3 Establishment of a Partial Protection Zone (PPZ) and Rights of Way (RoW).................. 24 1.4 Ancillary Infrastructure ................................................................................................. 25 2 Approach and Methodology ........................................................................ 26 2.1 Socioeconomic Profile and Inventory of Affected Families and Infrastructure .............. 26 2.1.1 Collection and Analysis of Secondary Data.............................................................. 26 2.1.2 Collection and Analysis of Primary Data .................................................................. 26 2.2 Data Collection Limitations ........................................................................................... 30 3 Socioeconomic profile of project affected people ..................................... 31 3.1 Introduction .................................................................................................................. 31 3.2 General context within which PAP’s are situated.......................................................... 31 3.2.1 Demographics......................................................................................................... 32 3.2.2 Health ..................................................................................................................... 32 3.2.3 Economy................................................................................................................. 33 3.2.4 Employment ............................................................................................................ 33 3.2.5 Agriculture............................................................................................................... 34 3.2.6 Education................................................................................................................ 34 3.2.7 Water and sanitation ............................................................................................... 36 3.2.8 Electricity ................................................................................................................ 36 3.3 Project affected people (PAPs) ...................................................................................... 36 3.3.1 Ethnicity and Household Organisation ..................................................................... 42 3.3.2 Religion and places of worship ................................................................................ 42 3.3.3 Cemeteries ............................................................................................................. 43 3.3.4 Basic Social Services .............................................................................................. 45 3.3.5 Housing .................................................................................................................. 50 3.3.6 Water and Sanitation............................................................................................... 54 3.3.7 Energy .................................................................................................................... 55 3.3.8 Communication and Transport ................................................................................ 55 3.4 Economic Activities and Livelihood Strategies............................................................... 55 3.4.1 Subsistence Activities and Income .......................................................................... 55 3.4.2 Agriculture............................................................................................................... 56 Resettlement Plan – Final Report 13 3.4.3 Trees with Economic Value ..................................................................................... 58 3.4.4 Animal husbandry ................................................................................................... 61 3.5 Possession of Durable Assets ........................................................................................ 61 3.6 Vulnerable Groups ........................................................................................................ 62 4 Land acquisition and resettlement impacts ............................................... 64 4.1 Introduction .................................................................................................................. 64 4.2 Overview of the affected area....................................................................................... 64 4.3 Impacts.......................................................................................................................... 66 4.3.1 Houses, auxiliary structures and residential plots..................................................... 67 4.3.2 Land parcels (machambas) ..................................................................................... 67 4.3.3 Trees of economic value ......................................................................................... 67 4.3.4 Trees and shrubs not considered of economic value ............................................... 67 4.3.5 Loss of crops .......................................................................................................... 67 4.3.6 Business infrastructure ............................................................................................ 68 4.3.7 Cemeteries, graves and sacred and/or places of worship ........................................ 68 4.3.8 Public and social infrastructure/services .................................................................. 68 4.3.9 Registered land use rights (DUAT) .......................................................................... 68 4.3.10 Impacts on women .................................................................................................. 68 4.3.11 Household vulnerability ........................................................................................... 69 5 Legal and Regulatory Framework ............................................................... 73 5.1 Introduction .................................................................................................................. 73 5.2 Mozambican Legislative Framework ............................................................................. 73 5.2.1 Constitution 2004 .................................................................................................... 73 5.2.2 National Land Policy 1995 ....................................................................................... 73 5.2.3 Land Law 1997 ....................................................................................................... 74 5.2.4 Regulation on Resettlement Process ....................................................................... 75 5.2.5 Ministerial Resolutions for the Resettlement Process............................................... 78 5.2.6 Other Relevant National Legislation related to the Resettlement Process ................ 80 5.3 International Policies, Procedures and Guidelines ........................................................ 81 5.3.1 World Bank ............................................................................................................. 81 5.4 Gap Analysis .................................................................................................................. 86 6 Eligibility and Entitlements .......................................................................... 92 6.1 Introduction .................................................................................................................. 92 6.2 Eligibility........................................................................................................................ 92 6.3 Compensation entitlements .......................................................................................... 93 7 Compensation Methodology...................................................................... 100 Resettlement Plan – Final Report 14 7.1 Loss of Land ................................................................................................................. 100 7.2 Loss of Houses ............................................................................................................. 100 7.2.1 Loss of Houses with Size Smaller than 70m2 ......................................................... 101 7.2.2 Loss of Houses with Size Greater than 70 m2 ........................................................ 101 7.3 Auxiliary Structures ..................................................................................................... 101 7.4 Infra-structures under Construction ............................................................................ 102 7.5 Loss of Crops ............................................................................................................... 102 7.6 Loss of Trees with Economic Value (Fruit Trees and Native Trees) .............................. 102 7.7 Loss of Businesses Activities ........................................................................................ 102 7.8 Religious Temples........................................................................................................ 102 7.9 Loss of Cemeteries and Sacred Sites............................................................................ 103 7.9.1 Sacred Sites ......................................................................................................... 103 7.9.2 Cemeteries ........................................................................................................... 103 7.10 Loss of Public and Social Infrastructures / Services .................................................. 103 8 Execution Project for the Resettlement Houses ...................................... 104 8.1 Plot Organization and Housing Typology..................................................................... 104 8.2 Regulatory Obligations ................................................................................................ 104 8.3 Plot Organisation ........................................................................................................ 104 8.4 Buildings...................................................................................................................... 106 8.4.1 Rural Resettlement ............................................................................................... 106 8.4.2 Urban Resettlement .............................................................................................. 107 10 Resettlement Host Area ............................................................................. 109 10.1 Funhalouro District .................................................................................................. 110 10.2 Panda District .......................................................................................................... 112 10.3 Chibuto District ........................................................................................................ 114 10.4 Mandlakaze District ................................................................................................. 116 10.5 Chokwe District ........................................................................................................ 118 10.6 Bilene District .......................................................................................................... 120 10.7 Magude District ....................................................................................................... 122 10.8 Manhiça District....................................................................................................... 124 10.9 Marracuene District ................................................................................................. 126 10.10 Moamba District ...................................................................................................... 128 Resettlement Plan – Final Report 15 10.11 Boane District .......................................................................................................... 130 12 Public Participation Process ..................................................................... 132 12.1 First Round of Public Participation........................................................................... 132 12.2 Second Round of Public Participation ...................................................................... 134 12.3 Third Round of Public Participation ......................................................................... 135 12.4 Public Participation Process: Summary of Key Issues ............................................... 137 13 Grievance Redress Mechanism ................................................................. 139 13.1 Background .............................................................................................................. 139 13.2 Objective.................................................................................................................. 139 13.3 Target Group............................................................................................................ 139 13.4 Principles ................................................................................................................. 139 13.5 Types of Complaints and Suggestions ...................................................................... 140 13.6 Receipt and Registration.......................................................................................... 140 13.7 Dissemination of GRM ............................................................................................. 141 13.8 Suggestions and Complaints Management Procedure ............................................. 142 13.8.1 Suggestions Management Procedure .................................................................... 142 13.8.2 Complaints Management Procedure...................................................................... 142 13.9 Involved Parties and Accountability......................................................................... 145 14 Institutional Arrangements ........................................................................ 146 14.1 Introduction ............................................................................................................. 146 14.2 Electricidade de Moçambique (EDM)....................................................................... 146 14.2.1 Independent RAP consultant ...................................................................................... 147 14.3 Ministry of Environment and Rural Development (MITADER) ................................. 147 14.4 Monitoring and Supervision Technical Committee (MSTC) ...................................... 147 14.5 Implementing partner.............................................................................................. 148 15 Livelihoods Restoration Measures ........................................................... 149 15.1 Eligibility .................................................................................................................. 149 15.2 Critical issues ........................................................................................................... 150 15.3 Livelihoods Restoration Measures ........................................................................... 151 15.3.1 Transitional or disturbance support ........................................................................ 151 15.3.2 Livelihoods restoration measures .......................................................................... 151 Resettlement Plan – Final Report 16 15.4 Participation/consultation and disclosure ............................................................... 154 15.5 Means of delivery .................................................................................................... 154 15.5.1 Structure ............................................................................................................... 154 15.5.2 Approach .............................................................................................................. 154 15.6 Budget Livelihoods Restoration Measures ............................................................... 155 16 Monitoring and Evaluation ......................................................................... 161 16.1 Introduction ............................................................................................................. 161 16.2 Monitoring and evaluation of implementation process ........................................... 161 16.3 Outcome level monitoring ....................................................................................... 163 16.4 Audits ...................................................................................................................... 165 17 Compensation Packages and Estimated Resettlement Budget ............. 166 18 Resettlement Implementation timeline ..................................................... 173 19 Disclosure ................................................................................................... 175 20 References .................................................................................................. 176 LIST OF FIGURES Figure 1-1 – Administrative location of the Project ........................................................................ 23 Figure 2-1 – Illustration of household identification through aerial images ..................................... 27 Figure 3-1 – Illiteracy by province ................................................................................................. 35 Figure 3-2 – Physical Impacted Households ................................................................................. 38 Figure 3-3 – Heads of some of the HH interviewed along the project route ................................... 40 Figure 3-4 – Age structure of the population potentially affected by the Project ............................. 42 Figure 3-5 – Places of worships along the Project PPZ................................................................. 43 Figure 3-6 – cemeteries, graves and places of worship within the PPZ ......................................... 44 Figure 3-7 – Education level of heads of HH divided by gender .................................................... 46 Figure 3-8 – Main dwelling of some of the HH interviewed along the Project route ........................ 51 Figure 3-9 – Houses under construction along the project PPZ..................................................... 52 Figure 3-10 – Location of houses under construction within the project PPZ ................................. 53 Figure 3-11 – Borehole within the project PPZ .............................................................................. 54 Figure 3-12 – Agricultural field within the project PPZ ................................................................... 58 Resettlement Plan – Final Report 17 Figure 3-13 – Agricultural fields within the project PPZ ................................................................. 60 Figure 4-1 - Administrative location of the Project ......................................................................... 65 Figure 4-2 – Teenage and adolescent pregnancy ......................................................................... 71 Figure 8-1 – Plot organisation for Rural Resettlement ........................................................... 105 Figure 8-2 – Plot organisation for Urban Resettlement .......................................................... 105 Figure 10-1 – Host Areas in Funhalouro District ......................................................................... 111 Figure 10-2 – Host Areas in Panda District ................................................................................. 113 Figure 10-3 - Host areas in Chibuto District ................................................................................ 115 Figure 10-4 – Mandlakaze Resettlement Host Area .................................................................... 117 Figure 10-5 – Resettlement host area in Chokwe District ............................................................ 119 Figure 10-6 – Resettlement Host are in Bilene District ................................................................ 121 Figure 10-7 – Resettlement Host Area in Magude District ........................................................... 123 Figure 10-8 – Resettlement Host area in Manhiça District........................................................... 125 Figure 10-9- Resettlement host area in Marracuene District ....................................................... 127 Figure 10-10 – Resettlement host area in Moamba Distric .......................................................... 129 Figure 10-11 – Resettlement Host area in Boane District ............................................................ 131 Figure 12-1 – Public Participation Process with communities and local leaders .......................... 138 Figure 13-1 – Complaint Management Procedure....................................................................... 144 LIST OF TABLES Table 1-1 – Administrative units crossed by STE Project Phase 1 (Vilanculos – Maputo) .............. 22 Table 2-1 – Identification of Infrastructure..................................................................................... 27 Table 3-1 – Number of interviewed HH per district ........................................................................ 37 Table 3-2 – Marital status of the head of the affected HH.............................................................. 40 Table 3-3 – Relationship to the head of the HH ............................................................................ 40 Table 3-4 – Prevalence of chronic illnesses within HH’s ............................................................... 41 Table 3-5 - Education level of PAP’s ............................................................................................ 45 Table 3-6 – Description of health facilities .................................................................................... 46 Table 3-7 – Health services used by the Affected Population ..................................................................... 49 Table 3-8 – Material used in the construction of the main house ................................................... 51 Resettlement Plan – Final Report 18 Table 3-9 – Number of homes and sizes of those being physically resettled ................................. 52 Table 3-10 – Income level of PAP’s.............................................................................................. 56 Table 3-11 – Number of identified Machambas per district............................................................ 57 Table 3-12 – Number of HH’s and crop cultivation ........................................................................ 57 Table 3-13 – Type and number of trees identified ......................................................................... 59 Table 3-14 - Household durable assets ........................................................................................ 61 Table 3-15 – Vulnerable HH identified, per type of vulnerable group ............................................. 63 Table 4-1 - Administrative units crossed by STE Project Phase 1 (Vilanculos – Maputo)............... 64 Table 4-2 – Number of PAP’s by district ....................................................................................... 66 Table 4-3 – Type of asset impacted.............................................................................................. 66 Table 4-4 - Multiple vulnerability and vulnerability stages .............................................................. 72 Table 5-1 – Gap analysis between the applicable Mozambican Legislation and OP4.12 ............... 88 Table 6-1 – Entitlement matrix...................................................................................................... 94 Table 8-1 – Area of buildings for the rural resettlement ............................................................... 106 Table 8-2 – Area of buildings for the rural resettlement ............................................................... 107 Table 12-1 – Location and date of public participation meetings – first round .............................. 133 Table 12-2 - Main questions and comments raised by the participants – 1st round of Public Participation Process ................................................................................................................. 133 Table 12-3 – Location and date of public participation meetings – Second round ........................ 134 Table 12-4 – Main questions and comments raised by the participants – 2nd round of Public Participation Process ................................................................................................................. 135 Table 12-5 - Location and date of public Participation meetings – Third round ............................ 136 Table 12-6 - Main questions and comments raised by the participants – 3rd round of Public Participation Process ................................................................................................................. 137 Table 13-1 – Suggestion management methods......................................................................... 142 Table 13-2 – Complaint management methods .......................................................................... 142 Table 16-1 - Input and output indicators and monitoring ............................................................. 162 Table 16-1 - Outcome indicators and monitoring ........................................................................ 164 Table 17-1 – Estimated budget for compensation for the loss of housing smaller than 70 m2 ...... 167 Table 17-2 – Estimated budget for compensation for the loss of housing larger than 70 m2 ........ 167 Table 17-3 – Estimated budget for compensation for houses under construction ........................ 168 Resettlement Plan – Final Report 19 Table 17-4 – Estimated compensation for loss of crops .............................................................. 169 Table 17-5 – Estimated budget for the compensation of loss of fruit trees ................................... 169 Table 17-6 – Estimated compensation cost for loss of business ................................................. 170 Table 17-7 – Estimated budget for the compensation for the loss of places of worship ............... 171 Table 17-8 – Estimated budget for the relocation of cemeteries .................................................. 171 Table 17-9 – Estimated budget for the compensation for the loss of boreholes ........................... 172 Table 17-10 – Budget Estimate for the Implementation of the RAP ............................................. 172 List of Annexes Annex 1 - Ancillary Facilities Resettlement Policy Framework Annex 2 – Survey Questionnaires Annex 3 – Community Meeting Minutes Annex 4 – Agricultural Crops Market Price Resettlement Plan – Final Report 20 1 Project Description 1.1 Introduction This chapter provides a brief description of the proposed Project – the Mozambican Integrated Transmission Backbone System (STE Project) – Phase 1: Vilanculos - Maputo. A more detailed Project description is provided in the EIS report. 1.2 Project Overview 1.2.1 Objective and Desirability The main goals of the STE Project as a whole are to connect and integrate the current two isolated power systems in Mozambique and to allow the transmission of surplus power generated in the north to the southern region. Phase 1 of the STE Project (Vilanculos – Maputo), currently under assessment, forms an integral part of the entire project and is justified in general terms by these same objectives. The implementation of Phase 1 is being prioritised by EDM, in order to enable the planned investments for a new gas-fed power plant in Temane. The following section provide more detailed information regarding the desirability of the STE Project, as a whole, and of Phase 1 (Vilanculos – Maputo) in particular. Objectives of the STE Project Mozambique’s power supply network, operated by EDM, is currently composed of two isolated power systems:  Central Northern system – fed by Cahora Bassa hydropower plant (2 075 MW capacity), as well as by other smaller plants, namely Chicamba and Mavuzi hydropower plants (38 MW and 52 MW, respectively) and a gas turbine power plant in Beira (12 MW). This system supplies the northern and central regions of Mozambique, namely through the following infra- structure: o 220kV transmission line from Songo-Matambo substation to Nampula substation and 110kV system, which connects to Nacala, Moma, Lichinga, Pemba, Auasse and Marromeu; o 220kV transmission line from Songo-Matambo substation to Chibata substation. From Chibata substation at a voltage level of 110kV there is a link with Chicamba and Mavuzi hydro power plants and then to the main load points namely Beira, Chimoio and Manica. From Manica there is an interconnection with Zesa system at 110kV (Manica – Mutare line).  Southern system – fed by the Southern Africa Power Pool (via Maputo and Infulene substations, at 275 kV and 110 kV respectively), as well as by a 16 MW hydropower plant at Corumana and gas-fired generating facilities in Maputo (52 MW capacity) and Ressano Garcia (270 MW capacity). This system supplies the southern region of Mozambique, through a 110-kV system, from the Maputo, Infulene, Lionde, Xai-Xai and Lindela substations. Resettlement Plan – Final Report 21 While the transmission and distribution system described above has been adequate to supply Mozambique’s power needs in the last few decades, the expected rapid development of Mozambique’s economy during the following decades, mostly due to the development of mining and oil and gas project’s, will require a significant overhaul of the power transmission network. Desirability of the Phase 1 of the STE Project Due to the scale and complexity of the STE Project, EDM plans to implement it in phases. Phase 1 of the STE Project (Vilanculos – Maputo), which is the scope of this RAP, has been prioritised by EDM for implementation as it is required to enable a new 400 MW gas fire power generation plant in Temane (the “Mozambique gas-to-Power (MGtP)” project). According to information provided by EDM, the MGtP’s technical studies are currently in the final stages of preparation. The MGtP is expected to be one of the first of the currently planned new power generation projects to come on line, and will require the anticipated construction of the Vilanculos – Maputo section of STE Project. It should be noted that the construction of the MGtP is outside of the scope of this RAP. 1.2.2 Project Location and Scope The STE Project Phase 1 includes a new 561 km long 400 kV HVAC transmission line between Vilanculos and Maputo, the construction of three new substations - Vilanculos, Chibuto and Matalane (in Marracuene) and the upgrade of the Maputo substation (in Boane). Figure 1-1 illustrates the administrative locations, in the country that the Project crosses. Table 1-1 below lists the provinces and districts crossed by the proposed transmission line and substations. Table 1-1 – Administrative units crossed by STE Project Phase 1 (Vilanculos – Maputo) Province Districts Vilanculos, Massinga, Funhalouro, Inhambane Panda Gaza Chibuto, Mandlakaze, Chokwe, Bilene Magude, Manhiça, Marracuene, Maputo Moamba, Boane Resettlement Plan – Final Report 22 Figure 1-1 – Administrative location of the Project Resettlement Plan – Final Report 23 1.3 Establishment of a Partial Protection Zone (PPZ) and Rights of Way (RoW) The Right of Way (RoW) in the Mozambican context is somewhat particular and different to that of most countries, given the nature of the Mozambican land law (detailed further in regulatory framework below). In Mozambique, land is not private and remains the property of the State and cannot be bought, sold or otherwise alienated, mortgaged or encumbered. The spirit of the law is based on the principle of guaranteeing access and use of land to the population as well as for investors. As such it guarantees land use rights but also enables the revocation of such rights, should they be in the public interest. Article 18 (b) of the 1997 land law states that land use rights may be terminated;  ‘By revocation of the right of land use and benefit for reasons of public interest, proceeded by payment of fair indemnification and/or compensation’. The termination of land use rights is guided primarily by the regulation on the resettlement process as described below. For projects of public interest, such as electrical transmission lines, land may be expropriated in order to realize and improve public services and/or avail a public good, on condition that fair compensation is provided for that which has been expropriated. As such, public utilities in Mozambique are granted what is commonly understood as Right of Way (RoW), under somewhat different conditions and circumstances. Specifically, that RoW is given in the form of Partial Protected Zone (PPZ): article 6 of Decree 66/1988 (the regulation of the Land Law) states that the approval of a transmission line by the competent authorities implies the automatic creation of the respective PPZ. In this sense, for the Mozambican context, the concepts of RoW and PPZ should be read as interchangeable. The Mozambican land law also states that both total and partial protection zones (PPZ) are part of the public domain, and that electricity conduits and infrastructure fall under PPZ’s. Furthermore Article 9 of the land law states that no land use rights can be acquired in either the total or partial protection zones – although special licenses may be granted for specific activities. Transmission line projects of this nature require a PPZ,2 in order to construct and operate the line efficiently and effectively. The entire PPZ must be cleared of any infra-structure, vegetation and trees prior to and during the construction phase and may not have any infra-structure or trees taller than 5 m, once the line is operational. The PPZ is required to protect the system from falling or flying objects during due to wind or other weather events, contact with trees and branches and other potential hazards that may result in damage to the system, power failures, danger to the population and/or forest fires. In addition, the PPZ provides uninhibited and unrestricted access to the line, for maintenance and/or in cases of emergency. 2PPZ is an area on either side of the line that enables construction to proceed and ensures security and maintenance/emergency access during the operational phase. Resettlement Plan – Final Report 24 With regards to power lines, the Land Law 19/97 of 1st of October, states that the PPZ includes a corridor of 50 m on either side of the line (100 m width total). A PPZ corridor of 50 meters (25m on either side of the line) was initially proposed for the Project, based on regional guidelines and previous EDM experience. However, there was a need to increase the width of the PPZ by an additional 50 meters in order to comply with the Mozambican Land Law. The PPZ has thus been reset with a width of 100 meter (50m on either side of the line). Whilst, as noted above, the PPZ will be cleared of all vegetation, infrastructure and trees during the construction of the line, it is recommended that the cultivation of seasonal crops3 be allowed within the PPZ – with the exception of emergency access areas, tower footing etc. – once the line is operational. This access will need to be regulated and is described below (section 3.5). As mentioned above, the Project also includes the construction of three new substations and the upgrade of one substation. The substation areas4 will also need to be cleared of any infra-structure and vegetation. Therefore, the areas needed for the construction of three substations and the upgrade of one substation are considered as part of this RP. 1.4 Ancillary Infrastructure The implementation of the STE Project Phase 1 will require a number of complementary components and activities, which are required to support the Project’s construction and operation. These ancillary infrastructure and facilities include:  Construction of access roads, for line construction and maintenance purposes;  Exploration of borrow pits to provide aggregates and inert materials for construction purposes;  Establishment of construction camps, including temporary workers’ accommodation and temporary storage sites for equipment and materials. The locations of these ancillary infrastructures are not yet defined as of present. As such, it was not possible to assess their potential resettlement impacts and to include them in the scope of this RAP. It is expected that the location and design of this infrastructure will be defined by the construction Contractor, under EDM supervision. Depending on the location and design of these ancillary infrastructure and facilities, they might generate additional resettlement impacts. As such, specific assessments and resettlement and compensation plans might need to be developed in the future for these ancillary infrastructure and facilities, once their location is known. Such specific assessments and resettlement and compensation plans will be developed in full accordance with the principles, directives and methodologies established in the attached RPF specifically related to the ancillary infrastructure (Annex I). 3No trees or structures will be permitted and EDM will define guidelines for what type of crops are permitted and those which are not, based on potential effect to the transmission line. 4 The Project has identified suitable areas of one (1) km2 each, which will be fenced off and house the substations. Resettlement Plan – Final Report 25 2 Approach and Methodology This RAP was elaborated taking into account relevant Mozambican legislation, as well as the relevant international guidelines (namely WB OP 4.12). This chapter presents the approach and methodology that were followed in order to develop this RAP. 2.1 Socioeconomic Profile and Inventory of Affected Families and Infrastructure The socio-economic profile of families affected by the Project is based on both secondary and primary data. Primary data collection included two rounds of quantitative socio-economic surveys and two qualitative assessments, where semi-structured interviews were utilised. The collection and analysis of data included the following steps:  Collection and analysis of secondary data;  Collection and analysis of primary data: o Analysis of aerial photographs; o Selection and training of enumerators; o Collection of quantitative data; o Collection of qualitative data (semi-structured interview and focus group discussions); o Data analysis. These steps are further described in the following sections. 2.1.1 Collection and Analysis of Secondary Data Collected secondary data included, among other sources, the results of the 2007 III Population Census from the National Institute of Statistics (INE), District Profiles as well as the 2017 Economic and Social Plans for each affected district. Additionally, an extensive desktop review of previous socioeconomic research conducted in the Project area was done, which assisted in the characterisation of PAP. 2.1.2 Collection and Analysis of Primary Data 2.1.2.1 Analysis of Aerial Images In order to plan and support the field census, an aerial photographic survey of the Project corridor was produced using drones, during May and June 2017. These aerial images were interpreted in a GIS software, in order to do a preliminary identification of all infrastructure and agricultural land within the Project PPZ. The consultants analysed the images, attributed a code number to each infrastructure that may be affected by the proposed Project and recorded its geographical coordinates. Resettlement Plan – Final Report 26 This exercise was used at the time of the census survey to identify and code all infrastructure which was then subsequently, through the qualitative survey linked to the specific households5. This ensured that all physical households initially identified were included in the first census survey and that agricultural plots under plantation were identified. The following figure illustrates the infrastructures identification process. Figure 2-1 – Illustration of household identification through aerial images The table below shows an example of how the information obtained in these activities was organised in a data base, where each codified infrastructure is related with data collected during the field work, through the household questionnaires. Table 2-1 – Identification of Infrastructure Infrastructure Name of Head of Aerial Image Code Questionnaire code description Household 456 Main house 457 Kitchen 105 EDM 17 João José 458 Outside room 2.1.2.2 Selection and Training of Enumerators The quantitative data field survey (census) began by recruiting and training local enumerators of both genders, as some PAP’s may be sensitive to gender dynamics of the interviewers. The criteria used 5 All assets, farmed land and structures within the PPZ were picked up by the aerial survey. HH’s to whom the assets belonged were subsequently identified through communication with the respective communities and local leaders. This process helped with the preliminary identification of numbers of individuals and households who will be affected by the Project. Resettlement Plan – Final Report 27 for selection of enumerators included previous experience in similar survey work, minimum education level of 12th grade and reasonable working knowledge of Portuguese and local languages. The selected enumerators received a two-day intensive training to learn about the objectives of the particular assignment and in interview methods and procedures. The training included practical phases (test runs) of the questionnaire. 2.1.2.3 Collection of Quantitative Data (Census) During both full survey rounds, quantitative data was collected through questionnaires conducted with households living within the Project’s PPZ – defined as a 100 m wide corridor centred on the alignment of the transmission line (50 m to either side of line) – and the areas identified for the substations, in compliance with the Land Law. The goal was to collect an inventory of all households and infrastructure that will need to be resettled. In addition, agricultural parcels (Machambas) within the PPZ were also identified through the interview process. The surveys also collected socioeconomic data that allowed the researcher to gain a good understanding of the PAP’s standard of living. The census survey focused on the following topics:  GPS Coordinate of the households;  Household characteristics;  Conflict and communication;  Assets and consumption pattern of the household;  Housing typology (including photographic record);  Water and sanitation;  Education and health;  Sacred places and heritage;  Agriculture, economic activities and income, and  Household expectations regarding the Project. The information was collected using tablets. The questionnaires used in the field are provided in Annex II. All data collecting tools were sent to EDM for their approval, prior to start of field work. The first field surveys took place in two phases, the first phase, was done during July-August 2017 (the initial 50m corridor of the PPZ – a corridor of 25 m to either side of the centre line) and the second phase during August-September 2018 (the outside section of the 50 m corridor of the PPZ – the corridor between the 25 m and 50 m mark to each side of the centre line). The second field survey consisted of a survey of the entire PPZ (the full 100 m corridor), including all substations and this took place during the months of March and April 2019. The census is used as the basis for the RAP and to work cooperatively with local authorities and communities to discourage influx to the area and opportunistic development. However, EDM will set and disseminate a final cut-off date once RAP implementation is closer to starting, and all information will be confirmed at that time and updated as needed. Resettlement Plan – Final Report 28 2.1.2.4 Qualitative Assessment Concurrently with the census surveys, semi-structured interviews with community leaders were conducted. These interviews had the objective of gathering general data regarding each community that will be crossed by the Project. The semi-structured interviews focused on the following topics:  Contact details of local leader,  Ethnic groups, religion and languages spoken;  Main occupation of the population;  Social infra-structures and their location;  Sacred places and their location;  Additional land and/or assets not noted;  Day to day activities of the population;  Perception about the Project; and  Possible resettlement host area. 2.1.2.5 Identification of Cultural and Socially Important Sites During the field survey, an archaeological survey was conducted simultaneously with the socioeconomic survey, where the consultants, through the local leaders, attempted to identify all sacred sites, cemeteries, graves and religious temples within the PPZ. 2.1.2.6 Survey of Public and Social infrastructures All public and social infrastructure that may be affected by the Project was identified, characterised and georeferenced. Information regarding public and social infra-structures was collected during the quantitative and qualitative assessments. This survey was carried out simultaneously with the socioeconomic survey. 2.1.2.7 Survey of Economic Infrastructures Affected economic infrastructure within the PPZ was identified, such as shops, informal stalls, among others. This survey was also conducted simultaneously with the socioeconomic survey. 2.1.2.8 Agricultural Land Survey The agricultural land (machambas) assessment took place simultaneously with the census survey. The machambas were identified and mapped and the information was entered into a GIS database. The teams utilised the interview sessions with local community members and local leaders in order to identify land parcels used and ownership. The consultants tried to identify all the farmers, as most of them live outside the PPZ. The information collected during the farmland assessment provides a reliable estimate of the number of farmers, and extent of farming land, to be impacted by the Project. Over 90% of the population do not have formal DUAT’s. No community land or land earmarked as community land was identified. During the interview sessions with community leaders, all noted that there is no community land within the PPZ. Resettlement Plan – Final Report 29 2.1.2.9 Data Analysis To analyse in a statistical manner the information collected, the data collected in the surveys was entered into the Statistical Package for Social Sciences (SPSS). This computer program enables an easy statistical analysis of multi-variables, as well as migration of data to other software, such as Access and Excel. Different databases were created for the household, economic and machamba surveys. The qualitative data was entered into Excel software and the topics were divided into themes, which allows for an in-depth analysis of each theme. 2.2 Data Collection Limitations The data collection had some limitations, which were:  Access – access to some areas was hindered by the absence of roads. This was relevant in particular for the northern section of the alignment;  Dry season (First round) – the fieldwork was conducted during the months of July and August (2017) and August – September (2018), which are considered to be the fallow season. As such the number of machambas was found to be significantly lower. The second round (March/April 2019) was carried out during the wet season and identified a significantly higher number of machambas.  Infra-structure under construction – during the field work, the consultants identified a significant number of infrastructures that are currently under construction (especially in Maputo Province). It was not possible to locate all the owners, as most do not reside in the area and the local leaders were not sure where the owners currently reside. Houses under construction were recorded and measured during the second survey, however, not identified in the RAP as households to be physically resettled (given that the household currently do not reside in the PPZ. As such only compensation for the built structure and land is applicable). Should, however, these constructions be concluded by the time the RAP is implemented, and the houses act as the HH’s primary residence, they will then be included as those to be physically relocated. This will, once again, be reviewed during the implementation of the RAP on a district basis in line with the implementation process  Households not available during survey – all absent households had their assets counted and included within the survey. Community leaders joined the survey teams to the properties of absent HH’s in order to verify and confirm that the assessments were carried out appropriately. All absent households will be located by EDM, per district, with the assistance of local leaders/local communities and district authorities on a district basis during the implementation of the RAP  Resettlement Plan – Final Report 30 3 Socioeconomic profile of project affected people 3.1 Introduction This section provides an overview of the demographic and socio-economic profile of the of the project affected people (PAP’s). The data utilised was primarily derived from the two census survey rounds conducted as part of the RAP exercise. In addition, secondary data, from the Instituto Nacional de Estatisticas (INE), as well as published reports where utilised as a means of situating the affected peoples and communities within their general context. The section includes amongst other issues, the following aspects:  General context  Household (HH) demography;  HH structure and organisation;  Religion, cemeteries and sacred sites;  Access to basic social services (education and health);  Infrastructure and services (housing, water and sanitation, energy, communication and transport);  Economic activities and livelihood strategies;  Vulnerable groups. 3.2 General context within which PAP’s are situated Mozambique's development from a post-conflict country to one of Africa's fastest growing economies and becoming an attractive market for foreign direct investment is somewhat of a success story in many ways. The country’s economy grew rapidly over the past 20 years from 1994 till 2015 and during this period significant progress was made in the areas of education, health and infrastructure – bearing in mind that the rapid developments and improvements took place from an extremely low base. During this period, national poverty levels declined from almost 70% in 1996 to just over 46% in 2014 (IOF 2016). Despite this impressive growth, however, Mozambique remains one of the poorest countries in the world and is currently ranked 180th out of 188 countries on the Human Development Index (2018). Furthermore, it has been noted that this rapid growth has largely been unequal, both in terms of its regional distribution as well as its intra class distribution (WB 2016). As such, inequality has risen rather sharply in Mozambique, over the past two decades, both within major cities as well as between provinces, with the northern and central regions of the country lagging significantly behind the southern region. Inequality seems also to have been exacerbated between urban and rural populations. Poverty rates in Mozambique remain significantly higher in rural areas with the stark urban/rural divide seemingly widening substantially over the past decade in particular (WB 2016). Whilst the high levels of economic growth experienced over the past two decades, combined with improved tax collection that have reduced the country’s dependency on foreign aid, the country still Resettlement Plan – Final Report 31 remains challenged by its inability to maintain/finance and/or expand much needed social services to improve the lives of its citizens (IMF 2018). In addition, and it is important to note that the rapid economic growth experienced over the first two decades following the 1994 peace agreements has now seemingly plateaued or stagnated and the IMF currently predicts growth at 3.3% for 2018 and 2019 (IMF 2018). 3.2.1 Demographics Mozambique’ population has increased by 7 million over the past 7 years, from 22 million in 2010 to approximately 29 million in 2017. The high population growth rate has added 1,000,000 people to the population annually, is considered largely the result of high fertility rates, poverty and to a lesser extent the declining of child birth mortality in some provinces. Mozambique has a predominantly young population with 46% under the age of 15 and only 3% over 65. The population remains predominantly rural, however, the country is experiencing rapid, often unstructured, urbanisation and projections suggest that 50% of the population will be living in urban areas by 2040. Currently the potential socio-economic benefits of urbanisation in Mozambique are not being exploited and its cities and towns are not yet sufficiently inclusive, safe, resilient and sustainable to cope with the expected growth. The provinces of Maputo, Gaza and Inhambane currently have populations of 2,507,098, 1,446,654 and 687,102 respectively. 3.2.2 Health Life expectancy in Mozambique is relatively low, currently standing at 53 and according to the World Health Organisation (WHO), the healthy life expectancy at birth in the country is presently as low as 45 (WHO 2018). HIV prevalence in the three provinces is also amongst the highest in the country, at 14.1% in Inhambane, 22.9% in Maputo and 24.4% in Gaza when compared to the national prevalence of 13.2% (GoM 2018). HIV prevalence is also significantly higher amongst females nationally at 15.4% when compared to 10.1% amongst males (GoM 2018). Nationally, maternal mortality, although decreasing remains very high at 489, the neonatal mortality rate is 27.1, infant mortality rate is 53.1 and the child mortality rate is 71.3 (WB 2017). Whilst the health and education sectors have made notable progress in recent years, equitable access to services for the poorest and most vulnerable population, remain substantial challenges. The adult literacy rate is 56%, and average life expectancy at birth is 52 for men and 56 for woman. Malaria remains the most common cause of death, responsible for 35% of child mortality and 29% for the general population. HIV prevalence among adults has shown a downward trend but has stabilized at a relatively high rate of 13.2% (GoM 2018) The rise of non-communicable diseases such cardiovascular disease, hypertension, diabetes, asthma, cancer, and injuries/violence, is a significant challenge to the national health system. Violence against women, girls and children, associated with cognitive dissonance is a rising phenomenon and is an escalating developmental challenge. Resettlement Plan – Final Report 32 3.2.3 Economy Mozambique’s economy is not sufficiently diverse, and the majority of the population is still largely involved in subsistence agriculture. Approximately 89% of households are engaged in agriculture, livestock, fisheries or forestry (Census, 2007) and of these 83% are women. Rural roads, storage, market access, and new agro-investments all remain significant challenges, and only 15% of arable land is currently under cultivation. As a result, food and nutrition insecurity pose major human development constraints for the country. The economic and social costs of malnutrition are high, while prevailing food insecurity perpetuates the cycle of poverty and malnutrition. More than 50% of households are considered food insecure, of which 24% are chronically insecure, leaving them highly vulnerable to shocks which undermine production and productivity levels. The vast majority of workers in Mozambique are self-employed, for both genders, and especially in rural areas. Unpaid family workers are also highly prevalent among women and in rural areas. Statistics indicate that up to 83% of workers could be classified as being in “vulnerable employment” with this share rising to over 90 per cent for women and rural workers. As few as 10% of Mozambicans are employed in the formal sector and however one defines the division between formal and informal sectors, the latter is vast. Young people and young women in particular, experience significant difficulties accessing employment opportunities and employment in the growth sectors tends not to translate into better employment opportunities and income generation for women. 3.2.4 Employment In terms of employment, according to the most recent household survey (GoM 2016), it is estimated that between 70 to 80 percent of the Mozambican labour force works in the informal sector. In fact, approximately 40 percent of Mozambique’s GDP is currently produced in the informal private sector, which is one of the highest shares in Sub-Saharan Africa (WB 2017). As with most statistics these are applicable to and are fairly consistent throughout the country with the exception of the city of Maputo and to a lesser extent the cities of Beira and Nampula. In the most recent business census conducted by CEMPRE (Censo de Empresas), the number of registered formal firms in Mozambique had increased from 28,314 in 2002 to 43,010 in 2015. Mozambique’s formal private sector suggests that Mozambique’s resource – driven growth acceleration has been accompanied by an expansion in the non-extractive private sector and that this overall doubling of the number of firms since 2002 has likewise employed twice as many workers (WB 2017). Whilst these developments bode well for both the country, they must be tempered by the facts that;  the Maputo area, which contains only approximately 10 percent of Mozambique’s population, captured over 62 percent of the expansion in the number of firms and,  that whilst these businesses now employ twice as many workers as was the case in 2002 – and that much of this expansion happened in the non-extractive private sector – the ongoing economic downturn which started in 2015 is likely to have a disproportionately negative impact on these emerging micro, small and medium enterprises (WB 2017). Resettlement Plan – Final Report 33 In addition, it is important to note that those working in the informal sector, which constitute the bulk of those actively working in the province, are extremely vulnerable to external shocks, lack access to legal protection, social security and/or pension benefits. Because of the informal nature of their business they also have no access to formal finance and might find it difficult to recruit skilled labour; these factors limit their ability to grow their activity and contribute further to economic growth and means that their businesses are somewhat precarious. 3.2.5 Agriculture As mentioned, whilst agriculture constitutes about half of the respective provinces GDP, this is mainly driven by small scale producers, who for the most part are subsistence farmers and whom produce limited if any surplus which can be marketed. The main crops grown in the province are cassava, maize, beans and sorghum. The lack of diverse and surplus production in the province can be partially explained by the fact that small scale farmers are hampered by their extreme vulnerability and opt primarily for production linked to sustenance and alimentation. Surplus and marketable production is often secondary and a risk families and communities are less willing or able to take. Productive agriculture is also impeded – as has been identified by the national government – by a number of additional structural factors such as;  Low utilisation of inputs and modern technology (primarily due to lack of availability and high costs),  Lack of support services, technical assistance and research,  Distance to markets, producers geographically dispersed and separated by poor transportation networks,  Lack of energy and storage facilities and  Limited access to finance. This decline has coincided with the downturn in the economy and stagnated national economic growth experienced over the past three years (IMF 2018). Other key challenges identified for the sector are the significant lack of necessary supportive and associated infrastructure, access to finance, high investment and management costs and the lack of capacity. 3.2.6 Education Education is considered a priority sector for both the three provincial and national governments in Mozambique. Over the past decade or so, Mozambique has made impressive strides in getting more children to attend school (UNICEF 2014). From 2002 to 2012, the proportion of 6 year olds enrolled in school (EP1) has risen from 36% to 72% (UNICEF 2014) and attendance, as measured by net attendance ratio (NAR), in primary education also rose from 59.7% in 2003 to 77.1% in 2011 (DHS 2003 & 2011). Much of this progress is down to the abolition of school fees in 2004, educational reforms and large investments in school construction and teacher recruitment (UNICEF SitAn). Resettlement Plan – Final Report 34 Iliteracy by Province 70 61 60 56 58 54 55 50 44 40 34 32 32 30 19 20 10 10 0 Figure 3-1 – Illiteracy by province A major challenge identified by the World Bank is the perceived low level of dividends associated with schooling amongst the more vulnerable in the country (graph of employment). In addition to this, the World Bank have highlighted the facts that absenteeism and the quality of teachers are significant factors to the stagnation of levels of education in the country in general. The data shows that absence amongst enrolled pupils is as high as 56% and that teachers are absent on average 45% of the time (WB 2017). Coupled with this, it is further suggested that there is a significantly high level of ill- equipped or underqualified teacher within the country’s educational system (WB 2017). ‘Teachers, who represent the main drivers to ensuring that children learn, are on average absent from the classroom 56 percent of the time (World Bank, 2015). Even worse, when the teachers are present, they do not master the content of the education curricula enough to teach it: only 65 percent of teachers can do double-digit subtraction. If the next generation of workers is not adequately equipped with the cognitive and socioemotional skills usually acquired in school, they will not fulfil their productive potential in the labour market, and the dividend will not be fully exploited’. In this context, the absenteeism and high dropout rates, as well as the low school dividends disproportionately affect girls, who are often obligated to engage in additional household chores, such as taking care of the young and economic activities which are deemed necessary for household subsistence. This is particularly the case in rural areas and amongst the more vulnerable communities where the economic and social benefits of schooling do not out way the risks. The latest DHS shows that, nationally, among the female population, 26% have received no schooling whatsoever and 54.5% have not completed primary school (2018). Resettlement Plan – Final Report 35 3.2.7 Water and sanitation Access to water and sanitation for most households in Mozambique has improved over the last decade or so. By 2015, some 9% of the population had access to piped drinking water and 42% of the population had access to improved water sources (UNICEF 2018). Likewise, basic sanitation has improved with approximately 20% of the population utilising improved sanitation systems (GoM 2018). It is important to note that these improvements have taken place for the most part in the urban centres and in the city of Maputo in particular. The latest DHS shows that 91% of the urban population now have improved water sources, either at home or in the neighbour’s home and 50.5% of rural households have access to improved water sources. In the rural areas, 44.2% of households have water sources within 30 minutes’ walk, whilst 40% have access which is over 30 minutes away (GoM 2018). Evidence consistently shows that the rural and most vulnerable groups are disproportionally represented in poverty and deprivation data in Mozambique. Less than 50% of the population has access to improved water sources, rising to 63% in rural areas and 86% for the poorest quintile and 79% of the population as a whole do not have or use improved sanitation facilities, rising to 90% in rural areas. 3.2.8 Electricity Access to electricity in Mozambique is considered to be a crucial developmental challenge. It plays a key role in development and has the potential to contribute significantly to poverty reduction and improving living standards. It is currently estimated that only 24.3% of the population have access to electricity (GoM 2018). There is also a significant urban/rural disparity in terms of access to electricity. Today, it is estimated that only 5% of the country’s rural population have access to electricity (GoM 2018). Given this condition, which is fairly consistent throughout the country with the exception of larger urban areas, rural electrification is considered one of the government’s priority sectors in its drive to reduce poverty levels. 3.3 Project affected people (PAPs) As noted, the Project will traverse a total of 13 districts, however, the fieldwork shows that only 11 districts have individuals, HH’s and/or communities who will be affected6. Initially, during the first field survey concluded in September 2018, a total of 415 HH’s were identified as HH’s to be physically resettled and a total of 88 agricultural plots (machambas) were identified as within the PPZ and subject to temporary loss of land access. The second, and most recent field survey conducted during March/April 2019, has revised the figure of HH’s to be physically affected downwards to 410 and the agricultural plots upwards to 348. The change with regards to HH’s to be physically resettled is the result of the process of reconfirmation with HH’s and the community leaders. The significant increase in machambas on the other hand is reflective, of reconfirmation, the fact that the second survey was conducted during harvesting and sowing season and the fact that the area for the Matelane substation was included. 6 Note that based on community consultation and communication with community leaders as well as district authorities, no community land was identified within the PPZ. Resettlement Plan – Final Report 36 It is worthwhile pointing out that there are notable differences between the 11 districts, in relation to urban/rural dynamic and access/proximity to public infrastructure, markets, social networks and employment opportunities, which is fairly consistent with the context as described above. The table below shows the number of HH’s interviewed in accordance with the districts and, administrative post and locality. Table 3-1 – Number of interviewed HH per district House Busines Social under Machamba s Infra- Infra- Physical Constructi Machamb Infrastructu structur Cemetery/G structu District HH’s on a re e raves Place of Worship re Boane 161 47 13 6 1 2 0 Moamba 96 31 38 23 0 4 4 0 Marracuen e 55 19 48 3 1 4 2 1 Manhiça 22 5 19 0 0 0 0 1 Magude 19 1 13 7 2 3 1 1 Bilene 12 0 121 2 2 1 0 0 Chokwe 19 0 72 19 0 1 0 0 Mandlakaz e 1 0 0 0 0 0 0 0 Chibuto 17 0 21 4 0 0 0 0 Panda 3 0 1 0 0 0 0 0 Funhalouro 5 0 2 3 0 0 0 0 Total 410 103 348 61 11 14 9 3 The table above shows that the district of Boane has the largest number of affected HH’s (230), followed by Moamba (173) and Marracuene (130). It is important to point out that the majority of impacted HH’s are located in Maputo Province, as this is where the alignment crosses peri-urban and urban areas with higher population density. The figure below shows the location of the households that will be physically impacted . Resettlement Plan – Final Report 37 Figure 3-2 – Physical Impacted Households Resettlement Plan – Final Report 38 Overall, the field work showed that a total of 898 HH’s are affected. Whilst conducting the socio- economic survey, all HHH’s were questioned with regards to relevant data on all household members. In accordance, the data also shows that an estimated total of 2936 people will be affected. The average HH size of the PAP’s is 5.7 members, which is higher than the national household average at 4.3 (INE, 2009). In terms of gender, the data shows that 47.5% of the PAP’s are male and 52.5% are female, which is also consistent with the national statistics from the most recent national household survey, which shows 52.2% females and 47.8% males nationally (GoM 2017). In this context the gender dynamics identified in the previous section are quite clearly reflected in the fact that the household heads are dominated by males, with male constituting some 68% of all the household heads. Despite the fact that households are clearly dominated by male household heads, the 32% of households who are headed by females, is relatively high in relation to national statistics and is reflective of an increase in FHH’s particularly in more urban and peri-urban areas across the country (CMI 2013). 79% of all FHH’s were found to be in Boane, Moamba and Marracuene. The following figures illustrates the heads of some of the interviewed households. Resettlement Plan – Final Report 39 Figure 3-3 – Heads of some of the HH interviewed along the project route It was also found that 53% of the heads of HH’s are married and live with their spouses and respective children. According to the survey, of the HH’s headed by women only 24% are married and the rest are either widowed, separated, divorced and/or single. FHH’s have the added burden of managing single parent (bread-winner) households and as such should be considered as more vulnerable and susceptible to shocks. Of the households headed by men, 1.4% mentioned having polygamous relationships, or a relationship with more than one partner and such HH’s are also considered to be vulnerable due to the specific vulnerabilities of the wives. Table 3-2 table below shows the marital status of the affected households. Table 3-2 – Marital status of the head of the affected HH Marital Status % HH Married/living together 53% Single 34% Widow/widower 12% Divorced 0.3% Separated 0.9% It is concluded that HH consist mostly of immediate family members of the head of the HH. The table below shows the composition of HH in the communities affected by the Project. Table 3-3 – Relationship to the head of the HH Relationship to head of % of members of HH HH Wife/husband 18.4% Mother/Father 1.5% Son/Daughter 57.8% Grandchild 11.7% Grandparent 1.1% Other 9.6% Resettlement Plan – Final Report 40 A total 22% of all PAP HH’s noted that they have a member with a chronic illness, constituting and additional layer of vulnerability. The table below shows HH’s with members with chronic illnesses per district. Table 3-4 – Prevalence of chronic illnesses within HH’s Household with Chronic Disease District Yes No Total Boane 19% 81% 100% Moamba 20% 80% 100% Marracuene 16% 84% 100% Manhiça 29% 71% 100% Magude 18% 82% 100% Bilene 38% 63% 100% Chokwe 33% 67% 100% Mandlakaze 0% 100% 100% Chibuto 44% 56% 100% Panda 0% 100% 100% Funhalouro 40% 60% 100% Total 22% 78% 100% The average age of the household heads was found to be 44, with 88% of household heads between the ages of 18 and 64, which is consistent with national statistics. The data shows that a total of 6 heads of HH’s are children under the age of 18 years of age. These CHH were identified in Boane, Marracuene and Moamba. 85% of the heads of HH are between 15 - 65 years old (economic active age) and 13% are above 65 years old. FHH’s, child headed HH’s and HHH’s over the age of 65 are regarded as vulnerable households. The affected population age structure, illustrated in figure below, is consistent with national statistics, where youth account for the majority of population with lower numbers of elderly. This is, in part reflective of the low life expectancy in Mozambique, which is currently sitting at 58.9 (UNDP, 2018). Resettlement Plan – Final Report 41 Age Structure 20% Percentage 10% 0% 0 - 4 5 - 10,0 11 - 15 - 20 21 - 30 31 - 40 41 - 50 51 - 60 61 - 70 > 70 14,0 Population Age Figure 3-4 – Age structure of the population potentially affected by the Project 3.3.1 Ethnicity and Household Organisation Most households living within the Project PPZ belong to the Changana ethno-linguistic group (64.4%). Only 27.8% of interviewees mentioned Portuguese as the main language spoken in the HH. For this reason, the census was conducted in the local languages, ensuring that the interviewee understood all questions asked, as well as information regarding the Project. Usually, the management of household property and assets is under the responsibility of the man, even though they also participate in agriculture, cattle breeding, house construction and marketing activities such as the sale of traditional beverages. Women are generally responsible for HH chores (cooking, fetching water, washing and caring for the children) and most agriculture activities (land clearing, sowing, weeding, harvesting and processing of agriculture commodities). Women are also responsible for HH organization. The elderly are, in general, responsible for teaching the new generations about cultural habits, social practices, traditions, stories and for conducting initiation rites, where men deal with boys and women deal with girls. When asked about where they spend their free and spare time, 42% of the population responded that they stay at home, 9% responded that they go to their friends’ house, 37% to church and only 10% mentioned that they go to another community. 3.3.2 Religion and places of worship Most of the inhabitants in the area of influence of the either are evangelic (34%) or Zionist (33%). The image below shows religious temples identified during the survey (Zionist churches). Ceremonies for rain and protection of the family are good examples of current traditional practices. These rites are performed by community leaders, secretaries of neighbourhoods, religious leaders, elders and traditional healers. Resettlement Plan – Final Report 42 Most of the community leaders mentioned having a sacred place where they reside and a total of nine sacred sites and or places of worship were identified. The images below showed two places of workships that will be impacted by the project. Figure 3-5 – Places of worships along the Project PPZ 3.3.3 Cemeteries During the interviews with local leaders, it was mentioned that the population use both communal and family cemeteries. 14 cemeteries were identified within the PPZ, of which a12 are family’s cemeteries or graves and two are communal cemeteries. The figure below shows the location of the cemeteries, graves and places of worship that will be impacted by the project. Resettlement Plan – Final Report 43 Figure 3-6 – cemeteries, graves and places of worship within the PPZ Resettlement Plan – Final Report 44 3.3.4 Basic Social Services 3.3.4.1 Education In Mozambique, the education system is divided as follows:  1st Level Primary School (EP1) Grade 1 to 5,  2nd Level Primary School (EP2) Grade 6 to 7,  1st Level Secondary School (ESG1) Grade 8 to 10,  2nd level Secondary School (ESG2) Grade 11 to 12,  Technical Education, and  Higher Education. In general, the data shows that the education level of the PAP’s is quite low, as shown in the table below. Although this is fairly consistent with national education statistics. Table 3-5 - Education level of PAP’s Age Primary Secondary Technical University None Minor Other 0-4 2% 0% 0% 0% 34% 63% 2% 5-10 33% 0% 0% 0% 42% 24% 1% 11-14 66% 0% 0% 0% 27% 7% 0% 15-20 77% 8% 0% 0% 11% 4% 0% 21-30 59% 20% 3% 1% 12% 1% 1% 31-40 45% 15% 3% 1% 30% 3% 3% 41-50 35% 5% 5% 1% 50% 3% 1% 51-60 39% 0% 6% 4% 43% 6% 2% 61-70 39% 4% 2% 0% 53% 2% 0% > 71 57% 0% 4% 0% 39% 0% 0% When analysing the education levels of the heads of HH, it was found that a high percentage (32%) are illiterate, 51% attended the 1st level primary education (EP1), 9% said they attended secondary education (ESG1) and only 0.7% mentioned they attended university. As shown in the table below, female heads of HH have in average a lower level of education. This leads to HH headed by women being, in average, more vulnerable, given that with a lower education level, the heads of these HH will face difficulties in finding formal employment. Resettlement Plan – Final Report 45 Education of Head of Household 60% 50% 40% 30% Men 20% Women 10% 0% Figure 3-7 – Education level of heads of HH divided by gender The number of schools in the communities crossed by the alignment is scarce, and consist mainly of primary schools, which is fairly consistent across the board. Only the locality of Tenga mentioned having a secondary school. No schools were identified within the Project PPZ during the fieldwork. 3.3.4.2 Health Health Infrastructure In Mozambique, the health sector focuses mainly on primary health services. These services consist of various types of health units, each providing specific health services. The table below provides a brief description of the various types of health units in the country and their respective services. It is important to note that some facilities may be better equipped than others, depending on their location, capacity and number of people making use of that facility. Table 3-6 – Description of health facilities Type of health service Type of health unit Type of services provided Traditional midwife Elementary Polyvalent Agent (APE): a community Community member trained by an NGO, or by the National Health System (NHS) to provide basic preventive, promotional and health care services to the Community services community Elementary Polyvalent Agent Health Posts Elementary level midwife Provide primary health services Elementary level nurse Elementary level midwife Type II Rural Health Centre Minimum health services Elementary level nurse Provide primary health services Nutrition Agent Type II – Rural Health Centre Medical Technician or assistant Resettlement Plan – Final Report 46 Type of health service Type of health unit Type of services provided The type II health unit is more modest in its Basic level midwife infrastructure and personnel, do not have Basic level nurse doctor with only a medical technician or Assistant, but with the ability to perform Basic level nurse or agent consultations and deliveries. These services provide primary health care. Type I – Rural Health Centre Doctor, medical technician or agent In a rural environment, a Type I health unit is the best equipped health centre. Usually, staff Basic level midwife includes a trained doctor and all facilities for Preventive medicine agent basic care services and surgery services and Basic level nurse surgery rooms. Basic level midwife Type C Urban Health Centre Preventive medicine agent Comprehensive health Basic level nurse services Doctor, medical technician or agent Basic level midwife Type II – Urban Health Centre Preventive medicine agent Basic level nurse Doctor, medical technician or agent Basic level midwife Type A –Urban Health Centre Preventive medicine agent Basic level nurse Doctor, medical technician or agent Basic level midwife District Hospital Preventive medicine agent Basic level nurse Doctor Medical Technician Obstetric surgery technician Obstetric Nurse District Hospital Laboratory Technician of Agent Basic or Medium-level Maternal-Child Health Nurse Basic or Medium Level Nurse Doctor Medical Technician Specialized health Obstetric surgery technician services Obstetric Nurse Rural Hospital Laboratory Technician of Agent Basic or Medium-level Maternal-Child Health Nurse Basic or Medium Level Nurse Doctor Medical Technician General Hospital Obstetric surgery technician Obstetric Nurse Laboratory Technician of Agent Resettlement Plan – Final Report 47 Type of health service Type of health unit Type of services provided Basic or Medium-level Maternal-Child Health Nurse Basic or Medium Level Nurse Provincial Hospital All staff Central Hospital All staff Source: Global Health Initiative – Mozambique Strategy, 2011 to 2015 Out of the localities that will be crossed by the Project, eight were found to have a health centre, within reasonable distance of the HH, meaning that population residing in those communities, do not have to walk long distances to access health services. As a whole, the PAP’s surveyed mentioned that they utilised different health care services depending on the nature of the ailment/need and the services provided by the healthcare facility. The tables below show the different health services accessed per district. Resettlement Plan – Final Report 48 Table 3-7 – Health services used by the Affected Population Moamba Marracuene Manhiça Magude Bilene Chokwe Mandlakaze Funhalouro Boane District District District District District District District District Chibuto District Panda District District Hospita Central CS de CS de CS de CS de Centro de Saude Centro de Saude de Hospital de CS Mulotane CS de Boquisso CS de Matalane de Maputo Facazissa Chiaquelane Chiaquelane Changanine Alto Changane Mawayela Funhalouro sede CS de CS de CS de Centro de Saude de Centro de Saude de CS Beleluane CS de Mahulane CS de Malangatana CS de Bobole Muhirre Mazivula Lhalukwane CS Mboi Chiguituine Cupo Sede CS de CS de Centro de saude de CS alto Mae CS de Ngolhoza CS de Magoanine CS de Maluana Magude Ulombe CS de Changanine Mavume CS do Terceiro CS da Matola B CS de Tenga CS do Zimpeto CS de Manhiça Bairro CS de Chibuto CS de Hospital Distrital de Chamanculo CS de Zimpeto Marracuene CS Zuza Hospital Central CS do Fomento de Maputo Hospital Central Hospital de de Maputo Mavalane CS da Motola 700 CS do Zimpeto Hospital Jose CS de Macamo Ngonjodza CS da Mozal CS de Mukatine Hospital Provincial da Matola CS Santa Isabel Instituto do Coração No health units will be impacted by the Project. Resettlement Plan – Final Report 49 Household Health The data shows that the most common diseases among the households living within the PPZ in the last 12 months were: malaria, tuberculosis, asthma, diarrhoea, cholera, STD, HIV/AIDS and coughing. All affected communities have shown the same trend with no significant deviation. 23% of the heads of the HH stated that they have a member of the family suffering from a chronic illness. Such households in the Mozambican context are significantly more vulnerable Housing and Services 3.3.5 Housing On average, there are four residential structures per HH, including generally one main house and one or more exterior annexes buildings, that can include a kitchen, bedroom or latrine. The HH can also have auxiliary structures, such as a hennery, barn or corral. The following images illustrate the main house of some of the interviewed HH. The following images illustrates the main house of some of the interviewed HH. Resettlement Plan – Final Report 50 Figure 3-8 – Main dwelling of some of the HH interviewed along the Project route The Census has shown that most structures in the survey area have been constructed with conventional materials (60%). Houses built with conventional material are more expensive to build. The table below shows the construction materials used to build the main house. Table 3-8 – Material used in the construction of the main house Material used on the wall % of HH Reed or stick 28.2% Stick and clay 2.6% Brick without plaster 0.6% Cement blocks with plaster 7.1% Cement blocks without plaster 43.4% Masonry house with plaster 5.5% Masonry house without plaster 4.5% Other 8.1% Material used on the roof % of HH Grass 7.1% Zinc 88.7% Slab 0.3% Roof tile 0.3% Other 3.6% Material used on the floor % of HH Clay 22.0% Adobe 1.3% Cement 74.8% Tile 1.6% Other 0.3% Sixty one percent of interviewees have built their houses over the past 10 years, which may imply that they only moved to those areas when they built the house. When looking at the size of the main house, the fieldwork revealed that the majority of the homes (73%) are under 70 m2 and 27% are larger than 70m2. The figure below shows the size of the main houses that are located with the PPZ. The districts with the highest number of homes over 70m2 are Boane and Moamba as per the table below. Resettlement Plan – Final Report 51 Table 3-9 – Number of homes and sizes of those being physically resettled Number of houses smaller Number of house bigger than Total number of m2 of houses Distrito thane 70m2 70m2 bigger than 70m2 Boane 84 77 12101 Moamba 82 14 2423 Marracuene 48 7 786 Machiça 17 5 818 Magude 15 4 1443 Bilene 11 1 126 Chokwe 17 2 160 Mandlakaze 1 0 0 Chibuto 17 0 0 Panda 3 0 0 Funhalouro 4 1 109 Total 299 111 17966 The field work also revealed that there are a significant number of houses (103) currently under construction within the PPZ. It was observed that the majority of these houses are being built with conventional materials and are or will be larger than 70 m2. And again, the vast majority of these are in the districts of Boane, Moamba and Marracuene. The following images illustrates some houses under construction along the project PPZ. Figure 3-9 – Houses under construction along the project PPZ The figure below shows the location of the houses under construction. Resettlement Plan – Final Report 52 Figure 3-10 – Location of houses under construction within the project PPZ Resettlement Plan – Final Report 53 3.3.6 Water and Sanitation 3.3.6.1 Water Water supply in the Project area is relatively precarious, 12.5% of the PAP’s have piped water and 18.4% have private boreholes (mainly Boane, Moamba and Marracuene). 39% access water from water trucks (Boane and Moamba) and the remainder use public boreholes and water from rivers, lakes or lagoons. As noted earlier, given that the transmission line crosses a vast area, socio- economic conditions differ relatively significantly between the rural and urban areas. The fieldwork showed that three boreholes are located within the Project PPZ, in the districts of Marracuene, Manhiça and Magude. Regarding water quality, 75% of the interviewees do not treat water prior to consumption, 18% boil water, 21% use chlorine (Certeza) and other methods. The following image shows a boreholde that will be impacted by the project. Figure 3-11 – Borehole within the project PPZ 3.3.6.2 Sanitation The fieldwork revealed that 50% of the affected HHs have traditional latrines, 22.5% have improved latrines, 24% have no sanitation or used shared sanitation and 3% have other7. 3.3.6.3 Waste Management Surveyed communities do not benefit from any formal waste collection system. Most households burn (57%), bury or throw (41%) the waste in the yard. Currently, this situation is not of much concern as the waste produced in the communities is reduced and the type of waste generated is mostly organic (i.e. food waste, agriculture commodities waste, fruit peel, grass, among others). However, 7 Sanitation systems within home Resettlement Plan – Final Report 54 non-organic waste from consumption of commercial products in packages and containers (bottles, packages, plastics) was observed. Generally, these packages and containers are re-utilised. 3.3.7 Energy Out of the communities that will be crossed by the Project, only 16.3% are connected to electricity grid and 26.2% make use of solar panels and these are primarily in the districts of Boane, Moamba and Bilene. 32% of HH’s used paraffin, candles and/or wood for household illumination and 18% use torches for lighting. Less than 1% use electricity for cooking, whilst 18.6% use gas and the majority (77%) use charcoal and/or wood. 3.3.8 Communication and Transport During the fieldwork it was observed that most of the affected communities have coverage from one or more of the three major mobile networks operators in Mozambique. When the households were asked about their primary means of communication, the majority stated the local leader and cell phones. Most people do not have any means of transport, travelling mainly by foot or public transport (chapa 100) when they need to travel longer distances. 3.4 Economic Activities and Livelihood Strategies 3.4.1 Subsistence Activities and Income The data shows that the majority of HH’s are employed within the private sector (37%) followed by those practicing subsistence agriculture (19.8%). 33.6% are either self-employed or work within the informal sector and 3.5% are employed within the public sector. 2% are retired or pensioner and 4.1% survive off assistance from family members or neighbours. In this context it is important to emphasise that there is a significant difference between those in the rural areas and those in the urban or peri-urban areas, with subsistence agriculture accounting for most the PAP’s in the rural areas, whilst the primary occupation of those within the urban/peri-urban areas of Boane, Marracuene and Moamba is significantly more diverse. In addition, and as noted in the general context above, most affected household, irrespective of primary occupation, have an extremely heavy reliance or dependence on crops produced within their machambas or land plots for their survival, as can be derived from the income table below. Resettlement Plan – Final Report 55 Table 3-10 – Income level of PAP’s 5001,00 - 10,001.00 - <1,000.00 1,000.00 - 10,000.00 20,000.00 20,000.00 District MZM 5,000.00 MZM MZM MZM MZM < Total Boane 6% 28% 36% 14% 16% 100% Moamba 32% 39% 20% 7% 2% 100% Marracuene 31% 50% 6% 9% 3% 100% Manhiça 24% 35% 29% 0% 12% 100% Magude 18% 55% 18% 0% 9% 100% Bilene 13% 25% 13% 25% 25% 100% Chokwe 7% 60% 27% 7% 0% 100% Mandlakaze 0% 100% 0% 0% 0% 100% Chibuto 38% 50% 6% 6% 0% 100% Panda 67% 33% 0% 0% 0% 100% Funhalouro 0% 60% 20% 0% 20% 100% Total 16% 36% 27% 10% 10% 100% While income is notable higher in the urban and peri-urban areas of Moamba, Boane, Marracuene, Bilene and Manhiça, and sources more diverse, 52% of all HH’s have a monthly HH income of less than MZN 5000 and 27% of HH’s were noted as having a monthly income of between MZN 5000 and MZN 10000. Taking into consideration that each household has an average of 5.7 members this implies that a total of 79% of all affected HH’s have an income of less than MZN 588, per HH member, per day. This is well below the poverty line of 1209 meticais, per person, per day stipulated by the United Nations. As such, some 80% of all PAP’s are considered to be vulnerable on the basis of average HH income. 3.4.2 Agriculture Cultivation methods used by HH usually are rudimentary and manual. Therefore, the size of the cultivated area is directly associated with the available labour. Agriculture in the survey area is predominantly rainfed and developed in semi-arid lowlands and occasionally at the bottom of small slopes. However, use of alluvial plains located along existing intermittent shores of the streams is also common. During the fieldwork a total of 348 agricultural plots (machambas) were identified. The table below shows impacted machamba per district. 8 60 MZN is approximately 1 USD 9 1.90 USD pppd standard Resettlement Plan – Final Report 56 Table 3-11 – Number of identified Machambas per district District Machamba Boane 13 Moamba 38 Marracuene 48 Manhiça 19 Magude 13 Bilene 121 Chokwe 72 Mandlakaze 0 Chibuto 21 Panda 1 Funhalouro 2 Total 348 The following table presents the main crops cultivated by the PAP’s along with their primary usage. Table 3-12 – Number of HH’s and crop cultivation Produced for own For Own Consumption Produce to Sell Consumption and to Sell Type of Crop N % N % N % Maize 177 28% 1 0% 10 3% Mapira 9 2% 0 0% 1 0% Mexoeira 5 1% 0 0% 0 0% Beans 192 53% 6 2% 11 3% Sweet Potato 180 50% 5 1% 6 2% Peanuts 188 52% 0 0% 7 2% Pumpkin 126 35% 2 1% 3 1% Couve (greens) 20 6% 3 1% 4 1% Cucumber 10 3% 1 1% 1 0% Tomato 21 6% 3 1% 2 1% Cassava 208 57% 14 4% 11 3% Potato 22 3% 2 1% 0 0% Lettuce 23 6% 4 1% 1 0% Sugar Cane 23 6% 2 1% 2 1% As can be noted, most crops are grown for own consumption. HH will generally only sell surplus produce, if any. The following images shows a typical substance farms within the project PPZ. Resettlement Plan – Final Report 57 Figure 3-12 – Agricultural field within the project PPZ As previously mentioned, agriculture techniques are rudimentary and most HH use hoes for weeding the land, with no support from machinery or animal traction. Most HH (87.1%) do not use inputs such as improved seeds, fertilisers or pesticides, which leads to a low productivity by hectare. Livelihoods restoration should aim to improve these practices. All lost crops will be compensated at full replacement cost. 3.4.3 Trees with Economic Value During the field work, an inventory of all trees with economic value within the PPZ. Out of those that have structures that will be directed impacted, 77% stated that they also have trees with economic values within their plots; and out of those with agricultural fields that will be directly impacted, 69% stated they have trees with economic values in their plots. The table below shows the number of trees per type found within the HH plots and agricultural plots surveyed. Resettlement Plan – Final Report 58 Table 3-13 – Type and number of trees identified Within the Type of Tree Within the HH Machamba Total Mango 596 377 973 Paw Paw 254 61 315 Avocado 132 27 159 Lemon 278 56 334 Orange 187 81 268 Banana 83 169 252 Sugar Cane 47 47 Malambi 3 0 3 Indian Jub Jub 4 0 4 Pineapple 2 8 10 Blackberry 5 1 6 Jambalão 4 2 6 Massala 86 272 358 Ateira 36 24 60 Cashew 572 1003 1575 Canhueiro 104 99 203 Coconut 15 10 25 Guava 8 0 8 Litchis 1 0 1 Mafureira 404 195 599 Passion Fruit 3 0 3 Tangerine 8 10 18 Total 2832 2395 5227 The figure below shows the location of the agricultural field within the project PPZ. Resettlement Plan – Final Report 59 Figure 3-13 – Agricultural fields within the project PPZ Resettlement Plan – Final Report 60 3.4.4 Animal husbandry Most of the affected HH’s practice some form of small-scale animal husbandry, primarily for HH consumption as opposed to commercial husbandry. 45% of all households mentioning that they have chickens, 80% of whom stated that they were for HH consumption and not to sell at all, whilst 20% noted that they sell when necessary. A small number of PAP’s noted that they currently have ducks (20%), goats (11%), pigs (5%) and cattle (11%). 3.5 Possession of Durable Assets Possession of durable assets is an indicator of well-being and wealth of HH living in rural areas, since the habit of saving is not common. These assets are symbols of social status/wealth and are easily negotiated into other assets, food or cash to resolve problems during times of crisis. The same applies to animals that also can be used as an indication of wealth. In the survey area, the assets with high economic value such as automobiles, motorcycles, television or even computers are insignificant. The following table shows a summary of information collected regarding household durable assets. Table 3-14 - Household durable assets Assets % of HH that own the asset Radio 47.1% TV 31.3% Cell phone 86.1% Fridge 13.5% Stove 47.1% Bed 69.4% Bicycle 11.6% Motorcycle 4.5% Cart 5.2% Car 10.0% Truck 1.6% Computer 5.8% Other 34.8% When observing the table above, it can be concluded that the most commonly owned HH assets are of medium commercial value, such as cell phones, radios and bed. Due to their value and use, these assets are easily negotiable locally, and are traded and sold between HH. Radio and cell phones are goods that most households own, due to their wide use, being the only efficient means of communication in the area. Resettlement Plan – Final Report 61 3.6 Vulnerable Groups Households headed by women Women who are heads of households often depend on the support from other family members for their subsistence. In total, 131 households headed by women were identified, of which 100 are either single, widows, divorced or separated and the rest are either married or living together. Households headed by elderly people Overall, the households headed by elderly people rely on subsistence agriculture and have low productivity. They often depend on support from their family and neighbours for their daily needs and for harvesting their farms. In total 98 households which are headed by elderly were identified, of these 29 are women. Households with mentally impaired or chronically sick members People with chronic diseases are considered vulnerable, given that interruption/changes to their livelihoods will have compounding impacts. People who are chronically sick or mentally impaired are supported by various health programs. One consequence of resettlement may be the isolation of these individuals or even interdiction to access these support programs due to geographic relocation. These households or their members may have more difficulties in starting a new life on their own; special care should be taken in its resettlement. Although not very common, some cases of arthritis and asthma have been reported. A person with mental disability has also been identified. These scenarios may change during the resettlement, as people are reluctant in disclosing if they have a mental and physical disability. In total, 22% of HH’s were found to have at least one member with a chronic illness. Out of these HH, 31 are headed by women and 18 are headed by an elderly. Child Headed Households Children who are heads of HH are heavily depend on social networks and other families for their survival and should be given special attention during the resettlement process. During the census, the consultants identified 6 HH headed by children. Households headed by illiterate people  98 illiterate heads of HH o 49 are women (50%)  156 have primary education o 45 are women (29%) Households with income below the poverty line 80% of all HH’s or 606 HH show current income levels significantly below the poverty line. Resettlement Plan – Final Report 62 Total of vulnerable households In total, 1105 vulnerabilities were noted amongst 75810 affected HH’s. This figure is significantly higher than the total number of PAP HH, as many HH’s experience multiple vulnerabilities and/or overlapping vulnerabilities. Most vulnerable HH correspond to HH whose income is lower than the income poverty line of USD 1.90 per household member per day. Table 3-15 – Vulnerable HH identified, per type of vulnerable group Vulnerable groups No. Householders Households headed by women 131 Households headed by elderly 98 Households with mentally impaired or chronically sick members 166 Child Headed households 6 Households headed by Illiterate people 98 Households with Income below poverty line 606 Note: please note that there is significant overlap in the vulnerable groups above. 10 Includes both HH to be physically resettled as well as those who will experience temporary loss of machambas. Resettlement Plan – Final Report 63 4 Land acquisition and resettlement impacts 4.1 Introduction The construction and operationalisation of the STE Project will result in short, medium and long term environmental and socio-economic impacts. These impacts have been comprehensively detailed within the EIS report. For the sake of this report, the socio-economic impacts assessed herein, will be limited to individuals, households and communities directly affected by the processes of land acquisition and resettlement. It is important to note that this section considers the impacts of the resettlement process and not the mitigation measures nor entitlements or compensation as they relate to the impacts. These measures have been considered separately in the sections on compensation and entitlements (chapter 6) and livelihoods restoration measures (chapter 15). The data utilised to identify and assess the impacts on these affected individuals, HH’s and communities, was collected in accordance with the methodology identified in the previous chapter (chapter 2). This chapter, therefore, presents the impacts of the land acquisition and resettlement process on those either living, working, utilising and/or who hold assets within the Project’s PPZ. 4.2 Overview of the affected area As noted, the STE Project Phase 1 will consist of a new 561km 400kV HVAC transmission line between Vilanculos and Maputo, the construction of three new substations – Vilanculos, Chibuto and Matalane – and an upgrade to the Maputo substation (in district of Boane). As such, while linear, the Project spans a significant area. It will cross three provinces and some thirteen districts as per the table and map below. Table 4-1 - Administrative units crossed by STE Project Phase 1 (Vilanculos – Maputo) Province Districts Vilanculos, Massinga, Funhalouro, Inhambane Panda Gaza Chibuto, Mandlakaze, Chokwe, Bilene Magude, Manhiça, Marracuene, Maputo Moamba, Boane Resettlement Plan – Final Report 64 Figure 4-1 - Administrative location of the Project Resettlement Plan – Final Report 65 For the most part of its length, the STE Project traverses relatively sparsely populated areas and its alignment has been designed to avoid human settlements to the extent possible. Current alignment notwithstanding, the Project will impact human settlements in 11 of the 13 districts that it traverses and its sections in the south of the country will see significant human impact as the line traverses more densely populated peri-urban and urban areas, particularly those in the districts of Boane, Moamba and Marracuene. 4.3 Impacts In total the STE Project will impact 89811 HH’s, across 11 districts along its current alignment as per the table below. Table 4-2 – Number of PAP’s by district District Number of HH’s impacted Funhalouro 7 Panda 4 Chibuto 38 Mandlakaze 1 Chokwe 92 Bilene 136 Magude 40 Manhiça 47 Marracuene 130 Moamba 173 Boane 230 Total number of HH’s affected 898 The table below shows the nature and type of impact with respect to all affected HH’s across the eleven districts. Table 4-3 – Type of asset impacted Type of asset impacted Magnitude Home (primary HH’s residence) 410 Auxiliary structures (machamba structures) 61 Infra-structures (homes) under construction 103 Agricultural plots (machambas) 348 Business infrastructure 11 Trees 5227 Cemeteries and/or graves 14 Sacred sites and/or places of worship 9 Public and/or social infrastructure 3 11 This is the total number of impacted HH’s per district, irrespective of the nature or type of the impact. Resettlement Plan – Final Report 66 4.3.1 Houses, auxiliary structures and residential plots The data shows that the Project will result in the physical relocation of 410 HH’s – households who will lose their current main dwelling, auxiliary structures (such as external rooms, toilets and/or cooking spaces) and land parcel upon which the dwelling is situated. Of the 410 HH’s, 299 have houses that are smaller than 70m2 and 111 are larger than 70m2. 103 HH’s will lose homes and/or house infrastructure, currently under construction. These 103 houses under construction, were, at the time of the survey, not the primary homesteads of the owners, however, with the passing of time (and option of owner), these may become primary homesteads and thus included in the number of HH’s to be physically relocated. The data also shows that there are 20 tenants who are renting accommodation and/or land parcels within the PPZ and who will lose said tenancy either permanently or temporarily. 4.3.2 Land parcels (machambas) A total of 348 agricultural land parcels (machambas) have been identified within the PPZ and will be subject to temporary loss of land use rights – during the line construction phase – and subsequent restrictions or limitations to their land use rights following the restoration of land access. Of the 348, 41 land parcels (machambas), are within the land take area of the substations and other permanent facilities and will, therefore, be subject to the permanent loss of their land parcel (machambas). 4.3.3 Trees of economic value A total of 5227 trees of economic value have been identified within the land take area. 2832 of which are within the homesteads or land parcels where the HH main dwelling is situated and a further 2395 trees of economic value are located within the agricultural land parcels (machambas) within the PPZ. 4.3.4 Trees and shrubs not considered of economic value Trees and shrubs etc, not considered of economic value by the affected HH’s surveyed and/or within the ministry of agriculture compensation table, were not counted. Such trees and shrubs within machambas or homestead plots may result in the loss of firewood and/or material possible for construction etc. In addition, trees utilised as shade public meetings, community gatherings and/or school classes may be subject to loss. 4.3.5 Loss of crops The vast majority of households in Mozambique survive off subsistence agriculture, particularly in the rural areas. Whilst the primary income generating activities in the peri-urban and urban areas is significantly more diverse, such households still augment their income with subsistence agriculture and in fact, despite more HH’s members being employed as waged labours or active as entrepreneurs, food security remains largely dependent on seasonal and perennial crops produced within the homestead and/or machambas. The data shows that maize, beans, sweet potatoes, peanuts, pumpkin and cassava are grown by the majority of affected HH’s. The impact with regards to the loss of crops will be manifold and largely depended on the season during which the land take occurs. Whilst the variety of crops grown and the reliance on particular varieties was noted during Resettlement Plan – Final Report 67 the survey, the actual number of crops and crops cycles impacted will be assessed on an individual HH and machamba basis, given that these figures change continuously. 4.3.6 Business infrastructure The data shows that the Project will affect 11 businesses, all of which can be described as small or micro-enterprises. The impacted businesses range from small bars and markets stalls (barracas) to brick storage sheds and none of the businesses are formally registered with the tax authority. 4.3.7 Cemeteries, graves and sacred and/or places of worship The data showed that there are a total of 14 graves and/or cemeteries and 9 places of worship within the PPZ. The 14 graves and/or cemeteries will possibly have access restricted during the construction phase and once land access has been restored, during the lines operationalisation phase, land use rights with respect to the graves and cemeteries will be limited and/or restricted. 9 places of worship were identified within the PPZ and will be subject to relocation. 4.3.8 Public and social infrastructure/services A total of 3 public structure/assets were identified within the PPZ. The three assets are community water pumps, and these will be impacted on and subject to relocation. 4.3.9 Registered land use rights (DUAT) All (898) households identified within the PPZ and the land take areas for the substations were found to have legally recognisable rights to the land they currently occupy and/or make use of. The survey also shows that, 43 HH’s have formally registered DUAT’s. Given that all affected HH’s hold legally recognisable land use rights – whether formally registered or not – the project will result in the loss of 57712 DUAT’s and a further 32113 will have their land use rights curtailed/limited and/or restricted. 4.3.10 Impacts on women Given the local context, the Project is likely to disproportionately impact on women and girls, particularly those within the more urban and peri-urban areas and especially where households will be resettled some distance from their current residence. Relocation of physical households and tilling plots and the temporary restriction of land access signifies not only adaptation to changed conditions, but also requires significant additional HH effort, inter alia to re-establish daily norms and conditions as well as in the creation of social networks which households are often either dependent on or rely on to a significant extent. Such additional requirements/efforts on behalf of the affected HH’s may also affect distance and ability to access social infrastructure, such as schools, community spaces, water, health posts, transportation networks and markets. Given that increases in the HH time burden generally have a compounding impact on women and girls (as they are primarily responsible for most 12 Number of HH’s physically resettled (410) + homes under construction (103) + machambas permanently lost (41) + business infrastructure (11) + places of worship (9) and social infrastructure (3). 13 Number of HH’s who will lose land use rights temporarily and subsequently have land use rights limited, machambas within PPZ (307) + cemeteries and graves (14) Resettlement Plan – Final Report 68 of the HH chores), often affecting girl school enrolment and health service utilisation, the resettlement process is likely to have a more pronounced impact on women and girls. Such gender-based burdens are also likely to be accentuated during the transitional and pre-livelihoods restoration periods. 4.3.11 Household vulnerability In relation to individual households, the particular circumstance of the household influences the level of vulnerability of the overall HH and each of its respective members. This circumstance is driven significantly by the status of the household head – well respected, male or female headed and/or child or elderly headed household. Over half (52%) of the PAP’s have a monthly income of less than 1 USD per household member per day and 79% have a monthly income of under the 1.90 USD pppd. In this context, a significant part of those who have incomes above the1.9014 USD pppd are extremely vulnerable to the risk of falling into poverty in the event of shocks or even seasonal changes (GoM 2016). According to the ENSSB, over two thirds of the population nationally have a level of consumption below the poverty line (GoM 2016). The remainder, with incomes slightly above the poverty line, live in precarious circumstances and run the risk of falling below the poverty line in the event of small shocks or slight variations in the levels of income (GoM 2016). This means that vulnerability is widespread, across the board, but exacerbated amongst households who exhibit multiple vulnerability factors. In the rural areas there are fewer female headed households than there are male. The lower level of FHH’s, is fairly consistent with general trends in rural areas across the country (CMI 2013). This is a general reflection of a society’s valorisation of masculinity and perceived male roles and social norms. The subservience of women in this regard and gender inequality in general, whilst a challenge globally, are particularly acute in circumstances of poverty, vulnerability and where there are limited employment opportunities. The data shows that some 32% of all affected HH’s are female headed households (FHH’s) Child headed households are a pervasive problem in Mozambique and are a significant additional factor in relation to vulnerability. The data showed that there are 6 child headed households amongst the affected HHs, however this may change prior to the implementation of the RAP. 13% of the households are headed by the elderly and 22% of all affected HH’s have a member who suffer from a chronic illness. The elderly disabled and/or sick experience compounded vulnerabilities and are therefore far more susceptible to shocks and changes. Most of these households rely on social networks and support from neighbours for assistance and labour amongst other things. Such households are impacted, not only by changes that affected them directly, but also by shocks which affect those they rely on or the community at large, resulting in less assistance from their social network. The vulnerability of communities and particularly rural communities in Mozambique remains a significant challenge. Whilst individual groups, such as the elderly, those with disabilities, chronic 14 It is important to note that this includes monetary income and sale of crops and other produce but not agricultural produce which is produced for HH consumption. Resettlement Plan – Final Report 69 illnesses, orphans and vulnerable children (OVC’s) and women and girls experience multiple layers of vulnerability and have acute levels of vulnerability, rural communities as a whole in Mozambique are considered highly vulnerable (GoM 2016). Given the fact that rural communities are largely reliant natural resources, subsistence agriculture and/or subsistence fishing for their livelihoods, they are dependent on favourable climatic conditions and highly susceptible to climatic and/or environmental shifts and/or shocks. In fact, the Estratégia Nacional de Segurança Social Básica 2016 – 2024 (ENSSB) takes the point of departure that vulnerability in Mozambique should be appraised on two levels, that of the individual and that of the household. 4.3.11.1 Individual vulnerability At the level of the individual, vulnerability is assessed in relation to the various stages of the life cycle and takes into consideration, health, notably disabilities and/or chronic illness, which limit or restrict the functional capacity of the individual, and the gender relations which exacerbate the vulnerability of women and girls (GoM 2016). As such gender, disability or deficiencies and/or chronic illnesses are to be understood as crosscutting issues, which permeate all other dimensions of vulnerability and exacerbate or accentuate all vulnerabilities during the five phases in the life cycle of individuals (see figure below). The first life cycle begins with pregnancy and birth where women face a high mortality risk. Maternal mortality in Mozambique is extremely high, currently sitting at 489 per 100,000 live births. Neonatal and infant mortality rate is exceedingly high. According to the ENSSB, one in every 10 children do not survive beyond their fifth birthday (GoM 2016). At birth and during the first years of life, infectious diseases and high levels of malnutrition place significant risks on the child’s survival and cognitive development (GoM 2016). Chronic malnutrition currently affects some 43% of children under the age of five. Chronic malnutrition damages not only the child’s health and prospects, but also the development of human capital and long term economic and social development. Children at school age are vulnerable and run the risk of not enrolling in school, not finishing primary education and/or entering and remaining in secondary school. Children often do not attend school or drop out as a result of the benefit deficit currently being experienced in Mozambique, distance and costs related to schooling and or the need for them to perform other functions necessary for HH survival, such as food/resource collection and/or taking care of smaller children. Child marriages and pregnancy compound this and disproportionately affect girls. The data shows that a total of 23.6% of all HH member are girls of the age of 18 or under. Nationally, child marriages effect some 14.3% of girls under the age of 15 and 48.2% of girls under the age of 18 (Unicef 2016). Furthermore, teenage and adolescent pregnancy rate in the country is very high, currently sitting at 65% of those between the age of 15 and 19 (GoM 2018). Resettlement Plan – Final Report 70 Source GoM 2018 Figure 4-2 – Teenage and adolescent pregnancy Orphans and those who do not live with their biological parents are also considered especially vulnerable. Youth and adults face risks in relation to their effective insertion into the labour market, with the high rate of unemployment contributing to cognitive dissonance and the precarious nature of the informal sector signifying high levels of vulnerability. The data shows that almost half of the PAPs (46.7%) are aged 18 or below. Elderly people are affected by risks linked to reduction in their physical capacity, the reduction in productivity and income, and to the costs of medicines, as well as social problems related to isolation and marginalisation, particularly when they do not receive support from their families. The figure below shows some of the crucial issues that affect the vulnerability of individuals in Mozambique, which will be considered during the implementation of the RAP. Resettlement Plan – Final Report 71 Source ENSSB 2018 Table 4-4 - Multiple vulnerability and vulnerability stages Resettlement Plan – Final Report 72 5 Legal and Regulatory Framework 5.1 Introduction This section describes the legal framework within which the RAP was developed. It presents an account of the key Mozambican legal and administrative instruments pertaining to land tenure (ownership and management), valuation, land transfer and the acquisition of land in function of the public interest. This is followed by a brief presentation of the key principles/procedures and requirements of the World Bank’s safeguard mechanisms, namely the OP 4.12 and WBG’s Finally, the section is concluded with a comparison between the Mozambican resettlement obligations and requirements and those within the OP 4.12, (GAP analysis). Notable gaps are presented and provisions with respect to the key gaps are presented. 5.2 Mozambican Legislative Framework 5.2.1 Constitution 2004 Mozambique’s constitution of 2004, along with its amendments, provides the overarching framework and guiding principles in relation to the rights and responsibilities of both the state and its citizens. It establishes the fundamental rights of its citizens which are based on the principles of universality15 and equality. In relation to economic, social and cultural rights, the constitution notes that the state recognises and guarantees the right of ownership of property and inheritance and that expropriation may only take place as a result of public necessity, utility or in function of public interest and that any such expropriation is subject to payment of fair compensation under the terms of the law. Furthermore, the constitution is clear that all land ownership is vested in the state16 (article 19) and that land in Mozambique may not be sold or otherwise disposed of, nor may it be mortgaged or subject to any form of attachment. It is important to note, in this regard, that the Mozambican constitution places a strong emphasis, not only on negative rights, but also on positive rights. As such land is identified as a universal means for the creation of wealth and of social well-being and its use and enjoyment is a right of all Mozambican citizens. 5.2.2 National Land Policy 1995 The current National Land Policy (NLP) – Resolution No 10/95, of 17 October – was approved and adopted in 1995, and it reaffirmed that ownership of land in Mozambique is vested in the state. Its point of departure, in line with the constitution (both those of 1990 and 2004), is based on an 15 All citizens are equal before the law and shall enjoy the same rights and be subjected to the same duties, irrespective of colour, race, sex ethnicity, birth place, religion, level of education, social position, marital status of their parents, their profession and/or political preference. 16 Land has been vested in the state since Mozambican independence in 1975 and remains a cornerstone to Mozambique legislative environment despite the country transitioning to a free market economy in the 1990’s Resettlement Plan – Final Report 73 understanding of positive rights and has the primary objective of ensuring that all Mozambicans are guaranteed access to land. It also attempts to balance its support for citizens and particularly rural community land rights, with encouraging private and international investment. As such, it notes that the state shall “ensure the rights of the Mozambican people to the land and other natural resources, while promoting investment and responsible and equitable use of these resources” (National Land Policy 10/95 point 18). 5.2.3 Land Law 1997 The Land Law, (Law No. 19/1997, of 1 October), provides the basis for how land is managed, and land use rights are acquired by businesses, individuals, households and/or communities. Currently in Mozambique, the only recognised form of land tenure is the Direito de Uso e Aproveitamento da Terra (DUAT), which is a state-granted land use right or a land use right obtained by virtue of traditional norms or good faith occupancy and recognised by law (irrespective of whether individuals, HH’s and/or communities have formally registered DUAT;s or not). A DUAT may be acquired in one of three ways:  Customary (traditional) occupation: the occupation of land by individual persons, households and local communities, in accordance with customary norms and practices, as long as these do not contradict the Constitution;  Good faith occupation: the occupation of land by individual national persons who have been using the land in good faith for at least ten years.  Granting use rights to land on a concessionary basis, awarded with the authorisation of an application submitted by an individual or corporate person (renewable 50-year state leasehold). In relation to the land use rights through occupation, customary rights or ‘good faith’ (unopposed squatting for a period of ten years), the law recommends a consultation-based process in order to identify and/or confirm communities and/or individuals rights to specific land. In other words, those requesting new rights must carry out a consultation with local communities to ensure that land is free or in order to determine the conditions by which local rights are given up in favour of the newcomer. Specifically, article 24 of the land law states that in rural areas, local communities participate in: a) natural resources management, b) conflict resolution, c) title acquisition processes in accordance with clause 3 of Article 13 of the law, and d) identification and delimitation of land limits. In relation to the first two activities [(a) & b)], local communities use customary norms and traditions, amongst others means to resolve issues/disputes. As such, communities, particularly those in the rural areas, play a significant role in assigning and attributing land tenure. Most individuals and households in Mozambique, and particularly those in the rural areas possess land access and rights acquired through customary and/or good faith occupation. Such rights enjoy full legal recognition and are legally equivalent to formal DUAT’s granted by the state. Whilst the law does not require that such DUATs (acquired through customary and/or good faith occupation), be Resettlement Plan – Final Report 74 formally registered, there has recently been a push to register these rights, in order to avoid any potential undermining of such rights17. As noted in the previous section (2.3 PPZ), whilst the land law sets the provisions for land tenure and use rights in Mozambique, it also defines the manner and requirements related to the revocation of land use rights. Land use rights (whether formally registered DUAT or not), held by individuals, households, communities or private entities may be rescinded when considered in the national/pubic interest and/or for public utility. The energy utility in Mozambique is considered a public good and as such, land required for energy infrastructure is captured by the land law and specifically article 18 (b) of the land law. Article 18 (b) of the 1997 land law states that land use rights may be terminated/rescinded;  ‘By revocation of the right of land use and benefit for reasons of public interest, proceeded by payment of fair indemnification and/or compensation’. The conditions for ‘fair indemnification and/or compensation in relation to the termination of land use rights are guided by the regulatory framework on resettlement. 5.2.4 Regulation on Resettlement Process The Regulation on Resettlement Process Resulting from Economic Activities (Decree No 31/2012, of 8 August) sets out the basic principles and norms for any resettlement process resulting from private or public economic activities, undertaken by individuals or groups, nationals or foreigners. It is underpinned by the premise that any such resettlement or indemnification should improve people´s lives and ensure the protection of the environment. Objective In Mozambique, resettlement is not always perceived as destructive on individuals, households and/or communities and as such is not considered something that should necessarily always be avoided where possible. In fact, according to Article 5 of the resettlement regulation, resettlement is intended to boost national socio-economic development and ensure that affected populations are provided with improved conditions, quality of life, and social equity, whilst taking into account sustainability of social, economic, environmental and physical aspects. All resettlement should adhere to and be guided by the following principles and procedures. 17 Areas up to 1,000 ha can be authorised by the provincial governor, while areas between 1,000 ha and 10,000 ha have to be authorised by the Minister for Agriculture. Applications for DUATs for areas of 10,000 ha or more must be authorised by the Council of Ministers. Article 35 of the Land Law stipulates that communities can demarcate up to 100,000 hectares of land for application for a DUAT with authorisation from the provincial governor without needing approval from the Council of Ministers. In October 2007, however, this was changed by a circular issued by the National Directorate of Land and Forestry (DNTF), stating that all delimitations over 1,000 ha has to have a development plan associated, to be approved by the Minister of Agriculture or Council of Ministers in line with the requirements for investors. Resettlement Plan – Final Report 75 Resettlement Principles According to Article 4, this regulation identifies the following important principles:  Principle of Social Cohesion – resettlement must ensure social integration and the restoration, and/or the improvement, of living standards of those affected;  Principle of Social Equality – all those affected by resettlement are entitled to the improvements in their standards of living, or at least restoration to pre-displacement levels;  Principle of Direct Benefit – affected persons should be given the opportunity to benefit directly from the Project and share in the benefits of positive socioeconomic impacts;  Principle of Social Equity – when settling people in new areas, access to livelihoods, social services and available resources must be considered;  Principle of no Change to Income Level – ensure that those resettled have the possibility of restoring their previous basic income level at the very least;  Principle of Public Participation – local communities and other interested or affected parties must be consulted and participate in the planning of the resettlement process;  Principle of Environmental Accountability – those that pollute or otherwise damage the environment must repair the damage or compensate for the damages;  Principle of Social Responsibility – the investor must create social infrastructures that promote learning, recreation, sports, health, culture and other community interest projects. Resettlement Committees The Regulation provides for the establishment of a Technical Committee for Monitoring and Supervision of the Resettlement Process. Additional information regarding this committee is provided in Ministerial Decree No 155/2014, of 19 September. Approval of the Resettlement Plan Article 9 of Decree 31/2012 stipulates that the District Government is the entity responsible for approving Resettlement Plans. Such approval shall take into consideration the views of the government department responsible for Spatial Planning, after consultation with the Agriculture, Local Administration, Public Works and Housing departments. Model of Resettlement Article 16 stipulates that resettlement processes shall adhere to following framework:  Regularised housing plot with adequate facilities;  At the minimum a three-bedroom house, with an area of 70 m2;  Houses must be built out of conventional materials and in accordance with an approved project;  The housing projects must comply with the social and cultural characteristics of the resettlement site;  During construction, preservation of vegetation must be ensured;  In resettlement areas, livelihoods activities must be maintained, as appropriate, or income generation programs defined; Resettlement Plan – Final Report 76  The resettlement process includes construction of access roads, water supply system, sanitation, electrification, health post, school, kindergarten, market, shops, police station, entertainment sites, and sites for sports, recreation, places for meetings/gathering and worship;  The resettlement areas must include areas for agriculture, livestock and other necessary activities. Environmental Characteristics and Criteria for the Definition of the Plot Section II of Decree 31/2012 outlines the environmental features and the criteria for definition of the residential plots in the new area (resettlement area). Environmental features to be considered in the resettlement area are as follows:  Soil permeability;  Groundwater level;  Land slope;  Runoff; and  Soil fertility. Resettlement is not allowed in (i) areas with significant environmental risks such as erosion or floods, and (ii) protected areas in accordance with specific legislation (Article 17). The size of the residential plot is defined taking into consideration the following criteria (Article 18):  Appropriate for construction, with a slope less than 10%;  Areas with low groundwater level;  In urban areas, no plot shall be below 800 m2;  In rural areas, no plot shall be below 5,000 m2;  Front access to an access road;  Natural ventilation;  Access to water and other facilities; and  Access to social infrastructure. If physical and natural conditions do not allow for installation of a water supply system, improved latrines must be constructed at minimum distance of 10 m from the house. In rural areas, physical spaces must be provided for horticulture, poultry farming and other animals breeding. Resettlement/host area The regulation also stipulates that the district government is responsible for allocating the area required for resettlement. The identification of such areas must be conducted in a participatory manner and include local communities and leadership within the process as described in article 13. Resettlement Plan – Final Report 77 Resettlement Plan Section III of the regulation defines the phases in the preparation of the Resettlement Plan. This guidance was subsequently reviewed and completed in Ministerial Decree No. 156/2014 - Technical Directive on the Planning and Implementation Process of Resettlement Plans. 5.2.5 Ministerial Resolutions for the Resettlement Process In 2014, the Government of Mozambique approved two Ministerial Decrees to support the practical applicability of Decree No. 31/2012, namely:  Internal Regulations for the Operation of the Monitoring and Supervision Technical Committee of Resettlement, Ministerial Decree No. 155/2014, of 19 September;  Technical Directive on the Elaboration and Implementation Process of Resettlement Plans, Ministerial Decree No. 156/2014, of 19 September. The ministerial resolutions set out the following requirements and conditions for the operationalisation of Decree No.31/2012 and an efficient resettlement process. Resettlement Committee The Internal Regulation for the Operation of the Monitoring and Supervision Technical Committee for Resettlement (Ministerial Decree No. 155/2014) establishes conditions for the organisation and functioning of all those involved in the monitoring and supervision of resettlement process. The Resettlement Committee includes both a Provincial and District Committee, with the following composition:  Provincial Committee (PMSTC): o Director of the area that oversees the territorial planning activity at the provincial level; o Director of Public Works and Housing; o Director of Agriculture; o Director of Social Action; o Director of related area.  District Committee (DMSTC): o Director of Health, Women and Social Action Service; o Five representatives of affected population; o One representative of the Civil Society; o Three community leaders; o Two community leaders of the host area; and o Two representatives from the private sector. The Committees have the following responsibilities:  Supervise the resettlement process and ensure that the rights and entitlements of those affected are observed;  Communicate with the competent authorities on any irregularities or illegal action detected during the resettlement process; Resettlement Plan – Final Report 78  Receive complaints from affected persons and forward cases to the relevant competent authorities, where a resolution cannot be reached at local level, between the proponent and the affected persons;  Prepare resettlement process monitoring and evaluation reports, taking into account previously approved plan;  Propose notices to the proponent for clarification during the resettlement process;  Mobilisation and awareness of the population on the resettlement process;  Intervention at all stages of the resettlement process, including its supervision;  Awareness of the population for their rights and obligations under the resettlement process;  Review the public consultation reports and give their opinion on resettlement issues. Elaboration and Implementation of RAP The Technical Directive on the Elaboration and Implementation Process of Resettlement Plans (Ministerial Decree No. 156/2014 of 19 September) aims to operationalise the Regulations on the Resettlement Process (Decree No. 31/2012) and facilitate greater involvement and rapprochement between all parties involved. It places an emphasis on the notion that the resettlement process need not necessarily be socially destructive in certain contexts, but rather may be conceptualised as an opportunity to improve living standards and to develop new well-structured and standardised residential zones, in accordance with the principles set out in Article 4 of Decree No. 31/2012. The Directive standardises the resettlement plans, through the formulation of a reasoned and coherent conceptual framework based on theoretical principles and practical experience. The Directive presents guidelines for the process, identifies the different steps that characterise the development and implementation of the resettlement plan, and sets out the contents and the results required for each phase. This Directive stipulates that a resettlement process is developed and managed through 3 phases;  Physical and Socioeconomic Survey (PSES);  Resettlement Action Plan (RAP); and  Implementation of the Resettlement Action Plan (IRAP). The PSES forms part of the ESIA process, and needs to be submitted together with the EIS, for all projects that include any form of resettlement. In other words, in the Mozambican context, a PSES is carried out and submitted, along with the EIA (together constituting the ESIA) to MITADER (Ministry of land, environment and rural development) at national level. Once approved, a provisional environmental license is issued, which may then be used to apply for all subsequent and necessary licenses and permits. During this period – subsequent to the granting of a provisional license – all the projects technical, engineering and specific requirements must be finalised (including any specific conditions required by the license, should the license be conditional). This is also the period during which the RAP and IRAP are to be developed. These documents are then submitted to MITADER at district level for approval. Resettlement Plan – Final Report 79 This Directive further establishes through Ministerial Decree 156/2014 section 3.2.2 that the host area shall be identified during the RAP phase and shall be agreed to by all the affected peoples and relevant stakeholders, to be included in a minute duly signed by the parties concerned and disclosed in the public places locally. As noted, it is the districts responsibility to allocate said area. 5.2.6 Other Relevant National Legislation related to the Resettlement Process In addition to the above legislation, several other components of the national legislative framework are relevant to resettlement activities and serve as guides to specific aspects of resettlement processes in Mozambique and should be adhered to or not contradicted. The Spatial Planning Policy (Resolution No. 18/2007, of 30 May) which stipulates in its specific objectives the need to ensure the safety of communities and access to land and natural resources. The following is a summary of other relevant legislation for the resettlement process:  Spatial Planning Law (Law No 19/2007, of 18 July) and respective Regulation for Spatial Planning (Decree No 23/2008, of 1 June). Clause 2a of Article 68 of the Regulation states that land expropriation for spatial planning is considered of public interest because it is intended to guarantee community common interests such as acquisition of spaces for economic and social infrastructures, with major positive impacts. This law also defines how resettled communities housing, structures and relevant infrastructure should be designed in accordance with spatial planning regulations;  Directive on the Expropriation Process for the Purpose of Spatial Planning (Ministerial Decree No. 181/2010, of 3 November). This Directive establishes rules and procedures for expropriation for the purposes of spatial planning;  Regulation on Body Exhumation (Decree No 42/90, of 29 December). Article 15e of this regulation states that in urban areas, funeral services are associated with municipalities responsible for managing urban areas; these shall be responsible for organizing and authorizing exhumations, transfer or burial of bodies. Clause 2 of article 1 states that burial of bodies in rural areas may be in cemeteries or other duly authorized locations by appropriate authorities but it does not determine who those authorities are. The Regulation does not state anything regarding exhumation and burials in rural areas for the implementation of development projects;  General Directive for Public Participation (Ministerial Diploma No. 130/2006, of 9 July). This directive defines the principles to be taken in a public participation process during an ESIA process, including the principles of accessibility, inclusion, representation, functionality, negotiation and accountability. Mozambique has also ratified a number of important international conventions, which they have an obligation to ensure and which are relevant to resettlement processes, such as the Universal Declaration of Human Rights (UDHR), the Rights of the Child (UNCRC), Convention on the Elimination of all Forms of Discrimination against Women (CEDAW) and the Convention on the Rights of Persons with Disabilities (CRPD). Resettlement Plan – Final Report 80 Mozambique decentralisation policies, as well as public consultation regulations and directives in ESIA and the Land Law, highlight the importance of involvement and consultation with local government (at district level and/or at lower level) and local communities, reflecting a commitment to improving transparency and participatory planning. 5.3 International Policies, Procedures and Guidelines 5.3.1 World Bank The WB, as is the case with a number of other international donors and financers such as the African Development Bank (AfDB) and the OECD DAC member states, take the position that involuntary resettlement as a result of development and/or other projects may result in severe and negative socio-economic and environmental consequences on affected individuals, households, communities and the environment. If left unmitigated, such resettlement may result in landlessness, homelessness, destitution, joblessness, food insecurity, increased morbidity and mortality, the loss of education, social displacement, marginalisation and loss of common property, amongst other issues. It is also important to note that such impacts have knock on effects and do not only affect the physical and economic well-being of those affected, but also their mental and emotional well-being. Furthermore, such impacts are far more pronounced and more likely to occur amongst those who are more vulnerable. 5.3.1.1 World Bank’s OP 4.12, Involuntary Resettlement The main objectives of the WBG policies on involuntary resettlement are to:  To avoid involuntary resettlement or, when unavoidable, minimise involuntary resettlement by exploring project design alternatives;  To avoid forced eviction;  To mitigate unavoidable adverse social and economic impacts from land acquisition or restrictions on land use by: (a) providing timely compensation for loss of assets at replacement cost and (b) assisting displaced persons in their efforts to improve, or at least restore, their livelihoods and living standards, in real terms, to pre-displacement levels or to levels prevailing prior to the beginning of project implementation, whichever is higher;  To improve living conditions of poor or vulnerable persons who are physically displaced, through provision of adequate housing, access to services and facilities, and security of tenure;  To conceive and execute resettlement activities as sustainable development programs, providing sufficient investment resources to enable displaced persons to benefit directly from the project, as the nature of the project may warrant; and  To ensure that resettlement activities are planned and implemented with appropriate disclosure of information, meaningful consultation, and the informed participation of those affected. A policy of this nature is usually applied to project’s where international financing and/or grants are being applied for from an international financing agency. The policy is in place to ensure that the Resettlement Plan – Final Report 81 borrower or recipient of the grant adheres to and abides by the principles and conditions under which the loan and/or grant has been provided. 5.3.1.2 The scope of the OP 4.12 The OP 4.12 applies to permanent or temporary physical and economic displacement resulting from the following types of land acquisition or restrictions on land use undertaken or imposed in connection with project implementation: (a) Land rights or land use rights acquired or restricted through expropriation or other compulsory procedures in accordance with national law; (b) Land rights or land use rights acquired or restricted through negotiated settlements with property owners or those with legal rights to the land, if failure to reach settlement would have resulted in expropriation or other compulsory procedures; (c) Restrictions on land use and access to natural resources that cause a community or groups within a community to lose access to resource usage where they have traditional or customary tenure, or recognizable usage rights. This may include situations where legally designated protected areas, forests, biodiversity areas or buffer zones are established in connection with the project; (d) Relocation of people without formal, traditional, or recognizable usage rights, who are occupying or utilizing land prior to a project specific cut-off date; (e) Displacement of people as a result of project impacts that render their land unusable or inaccessible; (f) Restriction on access to land or use of other resources including communal property and natural resources such as marine and aquatic resources, timber and non-timber forest products, fresh water, medicinal plants, hunting and gathering grounds and grazing and cropping areas; OP 4.12 describes the scope and level of detail of the contents of a resettlement plan. These include objectives, potential impacts, socioeconomic studies, legal and institutional framework, eligibility, valuation and compensation of losses, resettlement measures, relocation planning, community participation, grievance management procedures, implementation schedule, costs and budgets, and monitoring and evaluation. It requires that the resettlement plan include measures to ensure that displaced persons are (i) informed about their options and rights, (ii) consulted and offered choices among technically and economically feasible resettlement alternatives, and (iii) provided prompt and effective compensation at full replacement cost for losses of assets attributable directly to the project. It requires that particular attention should be paid to the needs of vulnerable groups among those displaced such as: those below the poverty line, landless, elderly, women and children, indigenous peoples, ethnic minorities or other displaced persons who may not be protected through national land and compensation legislation. It stipulates that any displaced persons and their communities and any host communities receiving them should be provided with timely and relevant information. They also should be consulted on Resettlement Plan – Final Report 82 resettlement options and offered opportunities to participate in planning, implementing and monitoring the resettlement. It states that payment of cash compensation for lost assets may be appropriate where livelihoods are land-based but only when the land taken for the project is a small fraction (less than 20%) of the affected asset and: (i) the residual is economically viable; and (b) active markets for land, housing and labour exist, displaced persons use such markets and there is sufficient supply of land and housing. If PAPs are vulnerable, cash compensation requires assistance and guidance. It states that in case of physical relocation, displaced persons should be (i) provided assistance (such as moving allowances) during relocation; and (ii) provided with residential housing, or housing sites, and, if required, agricultural sites for which a combination of productive potential, locational advantages, and other factors is at least equivalent to the advantages of the old site. It provides that where necessary displaced persons should be offered support after displacement, for a transition period, based on a reasonable estimate of the time likely to be needed to restore their livelihood and standards of living. This development assistance comes in addition to compensation measures and may include development assistance such as land preparation, credit facilities, training, or job opportunities, as needed to achieve the objectives of the policy in terms of impact mitigation and livelihood restoration. It furthermore requires that an appropriate and accessible grievance mechanisms be established to ensure that affected peoples have access to redress, should they feel that their rights and/or entitlements were not addressed, considered, fullfed and/ or respected. 5.3.1.3 Resettlement Action Plan According to WBG policies the RAP must cover the following elements:  General description of the project and identification of the project area;  Identification of potential impacts;  Main objectives of the resettlement program:  Socioeconomic studies, including the results of a census survey, the magnitude of expected losses, information on vulnerable groups and provisions for regular updates on information until the time of displacement; as well as information on land tenure, patterns of social interaction and support systems, public infrastructure and social services and social and cultural characteristics;  Legal framework including identification of any gaps with respect to OP4.12;  Institutional framework including an assessment of institutional capacity;  Eligibility criteria to determine eligibility of displaced persons for compensation and other resettlement assistance;  Methodology for valuation of and compensation for losses;  Description of compensation packages and other resettlement measures prepared in consultation with affected parties and compatible with their cultural preferences;  Information regarding the identification and preparation of relocation sites including alternatives considered and institutional arrangements for preparation; Resettlement Plan – Final Report 83  Plans to provide housing, infrastructure, and social services to resettled HH’s and host populations;  Environmental protection and management provisions for the resettlement areas;  Community participation including choices presented and feedback received and arrangements for communicating concerns to project authorities throughout the resettlement process;  Integration with host populations including consultations with host groups and proposed mitigation measures such as additional services, infrastructure, etc., where needed;  Grievance procedures for third party settlement of disputes;  Organisational responsibilities and framework for implementing the resettlement including needed capacity strengthening, interagency coordination and sustainability of resettlement facilities;  Implementation schedule for delivery of all measures and achievement of objectives and linkages to implementation of the overall project;  Costs and budget including allowances for inflation, population growth and other contingencies and indicating sources of funds;  Monitoring and evaluation including inputs, outputs and outcomes indicators for resettlement activities. 5.3.1.4 Resettlement procedures A resettlement action plan should cover: (i) compensation for the loss of land or physical structures on the land, including business; (ii) the physical movement of resettled affected persons; and (iii) the economic rehabilitation of project affected persons (PAPs) in order to improve (or at least restore) the levels of income or life prevailing before the action causing the resettlement has taken place. Where resettlement is unavoidable, the Bank has provided the following guiding principles in order to achieve the above-mentioned policy objectives:  Preparation of a resettlement action plan that ensures that displaced people are: o Informed about their options and rights pertaining to resettlement; o Consulted on, offered choices among, and provided with technically and economically feasible resettlement alternatives; o Provided prompt and effective compensation at full replacement cost for losses of assets attributable directly to the project; o Provided assistance (such as moving allowances) during relocation; o Provided with residential housing, or housing sites, or, as required, agricultural sites for which a combination of productive potential, locational advantages, and other factors are at least equivalent to the advantages of the old site; o Offered support after displacement, for a transition period, based on a reasonable estimate of the time likely to be needed to restore their livelihood and standards of living; o Provided with development assistance, in addition to compensation such as land preparation, credit facilities, training, or job opportunities. Resettlement Plan – Final Report 84  The policy also provides that: o Particular attention should be paid to the needs of vulnerable groups among those displaced, especially those below the poverty line, the landless, the elderly, women and children, indigenous peoples, ethnic minorities, or other displaced persons who may not be protected through national land compensation legislation; o Implementation of resettlement activities should be linked to the implementation of the investment component of the project to ensure that displacement or restriction of access does not occur before necessary measures for resettlement are in place. These measures include provision of compensation and of other assistance required for relocation, prior to displacement, and preparation and provision of resettlement sites with adequate facilities, where required. In particular, taking of land and related assets may take place only after compensation has been paid and, where applicable, resettlement sites and moving allowances have been provided to the displaced persons; o Displaced persons and their communities, and any host communities receiving them, are timely provided with relevant information, consulted on resettlement options, and offered opportunities to participate in planning, implementing, and monitoring resettlement. Appropriate and accessible grievance mechanisms are established for these groups; o In new resettlement sites or host communities, infrastructure and public services are provided as necessary to improve, restore, or maintain accessibility and levels of service for the displaced persons and host communities. Alternative or similar resources are provided to compensate for the loss of access to community resources (such as fishing areas, grazing areas, fuel, or fodder); and o Patterns of community organization appropriate to the new circumstances are based on choices made by the displaced persons. To the extent possible, the existing social and cultural institutions of resettled people and any host communities are preserved and the preferences of the resettled people with respect to relocating in pre-existing communities and groups are honoured.  The policy also sets out the following guiding principles on which to base the criteria for determining eligibility for compensation, resettlement and rehabilitation assistance measures for PAPs: i. Persons that have formal legal rights to land, including customary and traditional; and religious18 rights recognised under the laws of Mozambique; ii. Persons and or communities who do not have formal legal rights to land or assets but have a claim to land or assets that is recognised or recognisable under Mozambique’s law19. 18 It is considered that any object or structure or immovable artefact that has religious significance be considered, given that this is recognised by national legislation. 19 In this context, this means all those who have the legal right to utilise and exploit the land although they have not formally registered their rights in the national cadastre. Resettlement Plan – Final Report 85 iii. Persons who have no recognisable legal right or claim to the land they are occupying, using or getting their livelihood from. This class of people includes those that settle in an area on a temporary or semi-permanent basis, or those having settled without any formal grant or authority. PAP classified under sub-paragraphs (i) and (ii) above shall be provided compensation for the land, buildings and/or fixed assets directly affected by the project. They will be resettled and receive rehabilitation assistance. The compensation shall be in accordance with the provisions of this RAP and OP4.12. Persons covered under sub-paragraph (iii) above are to be provided with compensation for any improvements/structures/assets on the land, should they have occupied the land prior to the cut-off date. In addition, they have to be given the necessary resettlement assistance to satisfy the provisions set out in this RAP to meet the objectives of OP4.12, if they occupy the project area prior to the established cut-off date. Communities including districts, towns, neighbourhoods and villages permanently losing land, resources and/or access to assets shall be eligible for compensation. Compensation to communities will include for example: public toilets, market places, car parks and health posts or other appropriate compensation chosen by the community. Compensation measures shall ensure that pre- resettlement socio-economic status of the communities are restored or improved. Community wide benefits should be considered for affected communities (resettled and host), including options for access to electricity service where feasible and appropriate. 5.4 Gap Analysis It is considered herein that the Mozambican legislative framework holds up fairly well in relation to the WB’s OP 4.12 and WBG’s. In essence the principle or primary divergence is in the adaptation of generic international policies to more specific local contexts. In other words, whereas the OP 4.12 seeks to apply standardised policies, applicable to any country (irrespective of their development status and conditions – be it Latin America, Eastern Europe, the Indian sub-continent, or Africa etc), the Mozambican legislation attempts to apply and adapt such standards to the country context, history and its specific socio-economic realities and development priorities. Whilst both the national and international policies highlight aspects of positive and negative rights, the national legislative and policy environment, in line with the country’s history and socio-economic context, places significantly greater emphasis on positive rights, whilst the OP 4.12 are more skewed toward negative rights. In this context, the valuation of land – which is for all intents and purposes is illegal in Mozambique – shall be managed in a manner that is cognisant of the WB’s safeguards and within the national law. The Mozambican policy departs from the principle that infrastructure development initiatives20, should be taken advantage of to improve the living standards of its citizens, whilst at the same time endeavouring not to engender or foster high levels of inequality amongst and within local communities. 20 All forms of infrastructure projects and initiatives such as industrial and business investments. Resettlement Plan – Final Report 86 The notion that resettlement may be positive is one which diverges from OP4.12, whose point of departure is to avoid resettlement. The Mozambican regulatory framework should be adequately considered in relation to either taking advantage of the Project to resettle people and improve their living conditions or to avoid resettlement through seeking alternatives. Should seeking alternatives be deemed most appropriate, along with the re-routing of the line, it is worth considering that households or individuals who currently utilise the land within the identified PPZ could be allowed to continue to utilise the land during the Projects operational phase as long as such use conforms to the security, maintenance and emergency requirements as noted earlier. Such utilisation will be formalised, either through a special permit or an enforceable memorandum of understanding or contract – between those utilising the land, EDM and the respective government agency – and shall be EDM’s responsibility.21 The MoU or contract will clearly stipulate that the PAP’s have the right to utilise the respective land (within the limitations) and that should EDM or any other entity deem it necessary to amend such usage rights in the future, PAP’s will be entitled to full compensation and resettlement. Aside from the contextualisation of best practice to the local context, the Mozambican resettlement process, in its entirety, is fairly consistent with and includes most other necessary requirements within OP4.1222. The phasing and timing of the steps and/or processes are, however, different and are, once again, considered more applicable to the local context and reality23. The table below shows the primary differences and provides a gap analyses between the applicable Mozambican legislation and WBG policies. In addition, it also describes the measures included in the RAP to bridge the gaps. 21 It important to note that such usage of the PPZ, is beneficial to the extent that it reduces the Projects footprint in relation to resettlement requirements and is of benefit to EDM in that the appropriate use of land within the PPZ will ensure that the land is maintained and overgrowth risks to the line are minimised. On the other hand, such utilisation would require special permission as per the land law and would restrict usage in relation to how HH’s may utilise the land – including no trees or structures. In addition, HH’s legal rights to the land will be more precarious as it is not legal to have a formal DUAT within a PPZ. This would be managed through the permit or MoU which must specify rights and obligations. It is also worth noting that utilising the PPZ for crop farming does not pose any additional health and safety risks. 22 With the exception of the principle of seeking alternatives to resettlement, whereas the Mozambican legislative and policy environment views resettlement as an opportunity to uplift communities from extreme poverty and vulnerability. 23 For example, the identification of host areas, resettlement packages, design of replacement houses and community participation permitted in Mozambique, only once MITADER has provisionally approved the environmental license. This is primarily to avoid, 1. wasting individuals and communities time (time taken away from livelihood strategies) and 2. to avoid generating unnecessary expectations should the project not be approved and/or go ahead. Resettlement Plan – Final Report 87 Table 5-1 – Gap analysis between the applicable Mozambican Legislation and OP4.12 TYPE OF ASSET NATIONAL LEGISLATION OP 4.12 MEASURES TO BRIDGE THE GAP In principle, land compensation will be in kind. - where land is not available and HH’s are required to move further afield, they will be given the option of full replacement value (calculated through a market survey and an estimation of cost of acquiring a DUAT to similar land in current location, including all transactional costs. This option will only be considered should HH not be deemed vulnerable - where usage of the PPZ is permitted for annual crop farming (only trees and structures are not allowed). Partial cash compensation as agreed with According to the Land Law 19/97, Article 3: the the PAP may be considered as ‘replacement’ for imposed restrictions on Displaced persons shall be offered choices among feasible resettlement options, land use and limitations on DUAT. Such land use rights within the PPZ will land belongs to the state and cannot be sold, including adequate replacement land or cash compensation. Compensation should be legalised through enforceable MoU or contract, securing land tenure, mortgaged and alienated in any form. Therefore, be at full replacement cost. Compensation in kind is, however, recommended and albeit restricted and providing rights to future compensation in case of land is compensated for in kind. Replacement land shall be at least equivalent to those previously enjoyed or consistent with additional restrictions. land must be at least equivalent to or better from prevailing minimum codes or standards, whichever is higher. Land a livelihoods perspective. Where receiving land as compensation, all related cost for acquiring new DUAT for replacement land will be covered. If PAPs are vulnerable, cash compensation can only be considered if land portion impacted is 10% or less and remainder is sufficient to support PAP’s livelihood. The fact that all citizens are entitled and have the right to land (by law) must be taken into consideration with regards to limiting replacement land to in-kind24. The Mozambican legislative environment requires Assistance to be be provided for the restoration of productivity and achieving PAP’s will be provided with disturbance and relocation support as well as that assistance be provided during the bridging production levels (at least equivalent to that of land being replaced). tailored livelihood restoration programme. phase. It is, however, not clear or specific. According to Decree 31/2012 structures are Compensation in kind based on the present value/characteristics of the Buildings (houses, compensated in kind. Minimum requirements for houses and structures with improvement to reach minimum standards of annexes and other replacement houses include: Compensation in kind is recommended. Cash compensation should be at full Decree 31/2012, including all transaction costs. EDM will provide physically affected built replacement cost including all transaction costs (taxes, permits, fees, moving, etc.). - Built with conventional materials; displaced people a choice of options for adequate housing with security of structures) - 3 bedrooms; tenure. 24 Given that Mozambique’s constitution and land laws emphasis positive rights – land is considered an inalienable right held by all Mozambicans. Resettlement Plan – Final Report 88 TYPE OF ASSET NATIONAL LEGISLATION OP 4.12 MEASURES TO BRIDGE THE GAP - 70 m2: and Cash compensation for house and structure may be considered at full - Plot of 5000 m2 for rural areas and 800 m2 for replacement cost should HH request it and as long as HH is not considered urban areas. vulnerable. There are no specifics provided for HH’s with Houses under construction will be compensated for in cash, unless primary homes larger than 70m2 PAP residence which will then be compensated in accordance with the above. HH’s will be permitted to cultivate until it is time to relocate and compensated for all crops that cannot be collected and any missed cropping seasons. Compensation in cash will be based on values provided in the Provincial Crops and fruit trees shall be compensated for For perennial crops, compensation shall take into account the production delivery over Department of Agriculture compensation table validated by a market price monetarily according to a compensation list the life of the trees/plants. For annual crops, the land offered as compensation must study. If the market price is higher it will be the basis of compensation to Crops achieve full replacement cost. Transaction costs will also be covered. published by the Provincial Department of allow for the restoration of production and transitional losses accounted for. Lost crops Agriculture. and trees are compensated at full replacement cost For perennial crops and trees, full replacement cost will be considered at peak productivity or maximum value within Provincial Department of Agriculture’s compensation table. In kind compensation (fruit tree seedling/saplings) will form part of the livelihood’s restoration programme. Decree 31/2012 does not make provisions for Disturbance and transitional losses will be covered though cash Disturbance and transitional losses will be compensated for in cash. In cases where compensation at full value for the entire duration of the transitory period. economic impacts. However, given that the land acquisition and/or restriction affects commercial enterprises, affected business legislation makes clear that living standards and owners will be compensated for the cost of identifying alternative locations, loss of Compensation provided for the cost of re-establishing commercial activities Economic Impact livelihoods should be equal or improved, it is net income during transitional period and all costs related to re-establishing elsewhere, the loss of net income during the transition period; and transfer customary to compensate for the loss of income business. fees and relocation of the plant, machinery or other equipment, as or livelihood during the transitional period pending applicable. return to pre-resettlement conditions. The resettlement action plan (RAP) must include PAPs should, in addition to the relocation allowance and disturbance support, PAPs will, in addition to the relocation allowance and disturbance support, a restoration of livelihood plan, which will assist Assistance to resettled receive assistance in their resettlement and livelihood restoration activities. receive assistance in their resettlement through livelihoods restoration the affected people in restoring at least the same PAPs Achievement of restoration to be monitored thereafter to ensure that objectives are programmes and monitoring thereafter to restore or improve their standard level of life they had before and the respective met. of living where resettled. monitoring plan. Legal or customary owners of land and Eligible. Eligible. Eligible. titled land Illegal occupants Not eligible. Eligible (if they occupy the project area prior to the cut-off date) for compensation for Resettlement assistance including adequate housing with tenure security, loss of assets (other than land) and resettlement assistance (land, other assets, and compensation for loss of assets (other than land); and support for the Resettlement Plan – Final Report 89 TYPE OF ASSET NATIONAL LEGISLATION OP 4.12 MEASURES TO BRIDGE THE GAP cash, employment and so on as appropriate) in lieu of the land they occupy, and resumption of activities, if any, will be provided should PAP’s occupy PPZ other assistance as necessary to achieve the objectives of OP4.12. If family prior to cut-off date. Such cases will be confirmed through communication homestead, they must be provided with adequate housing. and participation with local communities and local leadership. Compensation for whatever the type of legal recognition of the land tenure, Tenants must be compensated, whatever type of legal recognition of their land tenure and support for the resumption of activities, if any. Tenants/lessees will be Tenants Does not make provision for tenants. (formal or informal). assisted in leasing similar land/homes, be compensated for transitional loss and assisted in re-establishing livelihoods. All employees will receive cash compensation for temporary lost earnings Likewise, employees will receive compensation for temporary loss of earnings and and assistance in seeking employment or establishing other livelihoods if Employees assistance in seeking employment or establishing other livelihoods if employment is original employment is lost due to relocation. lost due to relocation. A cut-off date for eligibility based on the census date will be agreed upon Cut-off Date for No reference to cut-off dates evident in the with the Technical Resettlement Monitoring and Supervision Committee Eligibility Mozambican legislation. Establish a cut-off date for eligibility so that new occupants of the project site will not and a moratorium issued preventing further development or settlement be eligible, which must be well documented and disseminated throughout the project within the project area. This will be continuously communicated and area. explained through traditional leaders and during public consultations. Public consultations are to be held throughout the process, publicised through the main existing means of social communication and locations where notices are traditionally posted. The first public consultation must be conducted at the start of the resettlement process to inform the interested persons of the objectives, relevance Resettlement activities are implemented with appropriate disclosure of information, The disclosure or consultation required in terms of the Mozambican and impacts of the process. consultation, and the informed participation of those affected. legislation limits consultation during and after consultation and Disclosure of A second meeting for presentation and resettlement. In order to comply with the requirements of the World Bank, Information Disclosure of relevant information and participation of Affected Communities and consultation with the affected parties and communities will continue discussion of the alternative resettlement areas. persons will continue during the planning, implementation, monitoring, and evaluation through the entire resettlement process and during the monitoring and A third meeting must take place after the of compensation payments, livelihood restoration activities, and resettlement. evaluation process. document is prepared – resettlement plan with budget and timeline. The fourth meeting must take place upon completion of the document and prior to its approval. Social Values No social cost of expropriation included Includes the intangible cost of expropriation Disturbance fee paid, and livelihood restoration includes transition support compensation Resettlement Plan – Final Report 90 TYPE OF ASSET NATIONAL LEGISLATION OP 4.12 MEASURES TO BRIDGE THE GAP LRP aims at full restoration plus and its effectiveness will be monitored Livelihood restoration Limited provisions Requires full restoration against baseline Sustainability of No explicit requirements Requires institutional arrangement for RAP implementation Commitments of utilities and service providers institutional services RAP will include provisions and budget to address case by case, and Vulnerability Required particular attention to vulnerable PAPs Vulnerability will be considered during consultation A mechanism for filing claims and managing The client will establish a GRM consistent with OP4.12 as early as possible in the A GRM is to be established that will allow for the raising of any concerns conflicts concerning the resettlement process is project development phase. This will allow the client to receive and address specific pertaining to the resettlement and compensation process. The GRM will always necessary. The Technical Commission will concerns about compensation and relocation raised by displaced persons or function from when the development of the Final RAP commences, will handle claims from affected persons when no local members of host communities in a timely fashion, including a recourse mechanism have clearly stipulated timeframes for the resolution of complaints and will solutions are possible between the proponent and designed to resolve disputes in an impartial manner. allow for both mediation and legal resolution of complaints. Compensation Grievance Redress the affected persons. The mechanism must will be placed in escrow pending the resolution of any compensation- Mechanism (GRM) establish a clear and well-defined time limit for the related claim. sustainable resolution of the claim (for example, a maximum of three weeks) and shall specify that the legal system may be used as final recourse for resolving the claim. In case of conflict between the Mozambican laws/regulations and World Bank OP 4.12, the most stringent (most favourable to the PAPs) will prevail. Resettlement Plan – Final Report 91 6 Eligibility and Entitlements 6.1 Introduction This chapter sets forth the eligibility criteria, entitlements (or compensation) and the cut-off date. The eligibility criteria establish the households, individuals and/or groups eligible to receive compensation, as well as property and/or assets based on compensation measures are defined herein. The cut-off date refers to the ‘deadline’ or time-bound limit within which the eligibility criteria is restricted. All resettlement activities, land and asset acquisition, whether temporary or permanent will be implemented in accordance with compensation, eligibility and entitlement framework which adheres to and conforms with the local legislative environment and the WB’s OP 4.12 6.2 Eligibility In accordance with the OP 4.12 and national legislation, PAP’s entitled to compensation and livelihood restoration provisions are:  Persons and/or groups – including communities – with legal rights to land, whether formally registered and delimited or not25, and who stand to lose land, either temporarily or permanently;  Persons and/or groups, with no legal land use title or legally recognisable land use rights who stand to lose land – either permanently or temporarily – that they currently occupy or use (as of the cut-off date when one is established).  Owners of buildings/structures attached to land which may be lost.  Owners of annual, seasonal and/or perennial crops and/or trees and other herbs or natural resources of value.  All persons suffering economic loss as a result of land acquisition or land use change or restriction resulting from the project.  Tenants and workers. Compensation eligibility is established or set in accordance with the above and the cut-off date to be set by EDM in accordance with OP 4.12. It is important to note that the primary means by which individuals’, HH’s and/or communities’ land rights and occupancy are verified, according to local legislation, is through recognition by the local leader / traditional authority / community leader (or their representatives) or the possession of a formally registered land use title. The WB’s safeguards include those with no legally recognisable rights within their provisions and, therefore, presence or possession at of the cut of date has also been included within the eligibility profile. This type of eligibility, whilst extremely uncommon in Mozambique, will be confirmed by declarations from neighbours or any other evidence, should the need arise. In addition, Resettlement Committees can undertake an eligibility evaluation process in cases where eligibility is challenged. If not resolved, these cases will be referred to the Project GRM. 25 Given that the Mozambican legislation confers the same land rights (legal status) to those with and those without formally delimited and registered DUAT’s (land use rights titles), it is considered that all those with legally recognised claims to land are captured by this. Resettlement Plan – Final Report 92 6.3 Compensation entitlements The table below presents the entitlement matrix. Resettlement Plan – Final Report 93 Table 6-1 – Entitlement matrix Type of Nature/Type of Asset Eligible Compensation Measures Responsible Impact Organisation/Agency Permanent Agricultural (including fallow Individuals, HH’s, Land will be replaced in-kind. Such land will be within the same locality/community and EDM/District Authorities loss of land land), residential and communities and/or assessed26 to be suitable and of equal or higher value to that being replaced. use rights commercial land as well as groups with legally (total or land utilised for recognisable rights to Where suitable replacement land within the same locality cannot be identified (or land partial) community/groups and/or land. (With or without deemed unsuitable), PAP’s who are not vulnerable or who are losing only small fraction village purposes/activities formally registered of their land (10% or less) may be offered the option of partial or full cash compensation which said DUAT’s as recognised by at replacement value and/or alternative land. This will be managed on a case by case community/group/village has the land law). basis and include a vulnerability assessment to ensure PAP’s short to medium term a legal claim to. prospects are not negatively affected. Vulnerable HH will not be eligible for exclusive cash compensation All relocated PAP’s will be provided with assistance in registering replacement land and all costs related to formalising the DUAT’s will be provided PAPs will be entitled to targeted livelihood restoration measures (see below) 26 Assessment is subjective and therefore will include participation of individuals/HH’s and communities being resettled. Such assessment will also include, amongst other aspects, the lands agricultural potential and proximity and access to social, economic and cultural infrastructure such as transportation networks, schools, health posts, markets and community recreation areas etc. Resettlement Plan – Final Report 94 Type of Nature/Type of Asset Eligible Compensation Measures Responsible Impact Organisation/Agency Individuals and HH’s who Land will be replaced in-kind. Such land will be within the same locality/community and EDM/District Authorities have no legally assessed27 to be suitable and of equal or higher value to that being replaced. recognisable rights who occupy and derive their Where suitable replacement land within the same locality cannot be identified (or land livelihoods from land deemed unsuitable), PAP’s who are not vulnerable or who are losing only small fraction within the PPZ prior to of their land (10% or less) may be offered the option of partial or full cash compensation the cut-off date, including at replacement value and/or alternative land. This will be managed on a case by case tenants. basis and include a vulnerability assessment to ensure PAP’s short to medium term prospects are not negatively affected. Vulnerable HH will not be eligible for exclusive cash compensation All relocated PAP’s will be provided with assistance in registering replacement land and all costs related to formalising the DUAT’s will be provided PAPs will be entitled to targeted livelihood restoration measures (see below) Temporary Agricultural (including fallow Individuals, HH’s, For land outside the PPZ needed only during construction, PAP’s will be compensated EDM loss of land land), residential and communities and/or monetarily for temporary loss income/livelihoods. Such compensation will include all use rights commercial land as well as groups with legally losses of expected income/produce as well as disturbance compensation. (total or land utilised for recognisable rights to partial) community/group and/or land. (With or without For land within PPZ that will be returned to current users with restriction, PAPs may opt village purposes/activities formally registered for replacement land or may stay on current plot under legally binding use agreement which said DUAT’s as recognised by between themselves and EDM. Such legally binding agreements shall make provision community/group/village has the land law). and commitments to resettle and compensate PAP’s, should use be further restricted a legal claim to. and/or EDM or other agency require the land. License for agreed uses will be obtained by EDM in favour of the PAP. PAPs will be entitled to targeted livelihood restoration measures (see below) 27 Assessment is subjective and therefore will include participation of individuals/HH’s and communities being resettled. Such assessment will also include, amongst other aspects, the lands agricultural potential and proximity and access to social, economic and cultural infrastructure such as transportation networks, schools, health posts, markets and community recreation areas etc. Resettlement Plan – Final Report 95 Type of Nature/Type of Asset Eligible Compensation Measures Responsible Impact Organisation/Agency Individuals and HH’s who PAP’s will be compensated monetarily for temporary loss income/livelihoods. Such EDM have no legally compensation will include all losses of expected income/produce as well as disturbance recognisable rights who compensation occupy and derive their livelihoods from land PAPs will be entitled to targeted livelihood restoration measures (see below) within the PPZ prior to the cut-off date, including tenants. Total or Residential, HH auxiliary Owners of structures Total or partial loss of residential structure will be replaced as whole structures in EDM partial loss of support structures and (regardless of land tenure accordance with national legislation. Where possible this will be done on the PAP’s structure commercial infrastructure status) (Individuals, HH’s current land parcel or within the PAP’s locality or community. Where not feasible, PAP’s (including machamba support groups and/or will be offered a choice between replacement homes in preidentified land parcels in the structures). communities). same locality or monetary compensation for the full replacement value of the structure plus transaction costs. Both such options will take into consideration the PAP’s vulnerability and short to medium term prospects of re-establishing their present livelihood standards. Vulnerable PAPs will not be eligible for exclusive cash compensation. All auxiliary HH support structures will be replaced as whole structures. Infrastructure under construction will be compensated for monetarily unless intended use of infrastructure is HH primary habitation, in which case compensation will be ins accordance with provisions on partial or total loss of primary residence as indicated above. Business structures will be compensated for in-kind and with conventional building materials and ensure equal or improved structure. Where in-kind compensation is considered inappropriate or unacceptable to PAP, as a result of changes in conditions such as location etc, compensation will be made monetarily at full replacement value plus transaction costs. An assessment of the PAP’s vulnerability and potential ability to restore standards of living will be made prior to the cash compensation option. Vulnerable PAPs will not be eligible for exclusive cash compensation. Resettlement Plan – Final Report 96 Type of Nature/Type of Asset Eligible Compensation Measures Responsible Impact Organisation/Agency PAPs will be entitled to targeted livelihood restoration measures (see below) Public and community Public/community Public, social and community infrastructure will be replaced in kind in areas determined EDM/District Authorities infrastructure. by community, local government and local leaders. Loss of Standing crops and trees Owners Unless annual crops can be harvested prior to construction, all annual crops will be EDM annual and compensated for monetarily in accordance with the ministry of agriculture’s price perennial information table for crops or the validated current market value (FRC) whichever is crops and higher. trees Perennial crops and trees of economic value will be compensated for monetarily in accordance with the ministry of agriculture’s price table or the validated current market value (FRC) whichever is higher. Compensation will be valued in accordance with the prime productivity valuation of the asset. PAPs will be entitled to targeted livelihood restoration measures (see below) Temporary Functioning business Owners All businesses will receive transitional support monetary compensation for all loss of EDM loss of income during transitional phase income PAPs will be entitled to targeted livelihood restoration measures (see below) Employees All employees of affected businesses will receive monetary compensation for all loss of EDM income during the transitional phase. Loss of Graves, places of worship, Individuals, HH’s, groups The restoration of such assets will be guided by national legislation and all costs related EDM sacred and monuments and other and communities to such activities will be furnished heritage sites historic sites of socio-cultural value. Exhumation and reburial arrangements will be made with district and village governments/authorities for larger concentrations of graves Land will be identified (through local authorities) for preparation of formal cemeteries. Resettlement Plan – Final Report 97 Type of Nature/Type of Asset Eligible Compensation Measures Responsible Impact Organisation/Agency Exhumation, transport and reburial of individual graves will be covered Each village will organise a combined ceremonial process for the grave exhumation and reburial of all graves within the village in accordance with religious beliefs and/or customs When justified a small shrine or memorial structure dedicated to the ancestors of the people who were resident and had family graves in the project affected area will be erected Households or communities will organise a ceremonial process for the movement/transfer of the spiritual site to its new location in accordance with social norms All other artefacts will, if necessary be transferred to new sites in accordance with local norms. Loss or Numerous (such as access Individuals and HH Targeted livelihood restoration measures for HH and individuals whose livelihoods are Civil Society significant to specific forest and wood needing livelihood disrupted Organisation to be reduction in products – depending on support to address identified and contracted income or area –medicinal herbs, bush impacts not covered by by EDM Targeted livelihood restoration measures with a specific focus on multiple and reduced meat and plants etc and compensation due to compounding vulnerabilities such as gender, disabilities, illness, the elderly and child possibilities access to social networks livelihood disruption headed households will be executed. in relation to and public goods and specific guaranteeing infrastructure, such as social All PAP’s who make use or sustaining security etc). of diversified and broad livelihoods livelihoods strategies (not included based on the natural in the above resources available. impacts), Specifically vulnerable due to loss PAP’s, however, who and may require medicinal restrictions to plants and/or social land and/or networks in order to other assets. Resettlement Plan – Final Report 98 Type of Nature/Type of Asset Eligible Compensation Measures Responsible Impact Organisation/Agency sustain themselves and their HH Loss of Various Tenants Tenants will be compensated for all assets which they claim theirs, having, planted EDM access to and/or invested in. This process will be managed conjunction with the owners and land/housing/ community leaders in order to ensure fairness resources Tenants will be assisted in finding alternative rental sites and compensated for transitional losses Tenants will also receive targeted livelihood restoration assistance Resettlement Plan – Final Report 99 7 Compensation Methodology The following section describes the methodology for compensation of the various assets that will be impacted by the STE Project, within the categories above described. 7.1 Loss of Land All land, agricultural (including fallow land), residential, commercial and community land will be replaced in kind. Replacement land will be sought within the PAP’s locality or community and will be identified through a consultative process (public participation) which includes, the PAP’s, local communities and district and local authorities. All replacement land will be assessed and shall be equal or of greater value to that which is being replaced, including size, location (in relation access to infrastructure) and productivity. Where replacement land is deemed inappropriate or unacceptable by the PAP’s, alternative options will be sought. These will include the possibility of monetary payments to a value acceptable to the PAP for the land and its associated structures (if PAPs are not vulnerable) or seeking alternative and acceptable replacement land elsewhere. These options, and particularly the monetary compensation, will take into consideration the vulnerability of the PAP’s and the potential/likelihood of such families becoming destitute as a result of not having land to practice subsistence agriculture. This option is a last resort and will only be considered for HH’s who are not vulnerable. With respect to all land within the PPZ, which PAP’s will be entitled to utilise (with restriction/limitations), during the operational phase of the Project, EDM commits to entering into a legally binding agreement with PAP’s. Such agreement will be in favour of PAP’s and ensure security of land tenure and clearly stipulate that should EDM or any other entity require that land and/or set any further or additional limitation/restrictions, with regard to use, PAP’s will be entitled to compensation and replacement land, in accordance with the paragraph above. Formally registered DUAT titles and special use licences (for land use within the PPZ where applicable will form part of the compensation package for all replacement land. All land where utilisation is limited and/or restricted (relating to machambas within PPZ) will be subject to a legally binding contracts between EDM and respective PAP’s guaranteeing land tenure and resettlement and compensation should said land parcel be required by EDM or any other agency at a later stage. EDM will also be responsible for obtaining any licences in favour of the PAPs for permitted uses, as required by the Land Law. 7.2 Loss of Houses During the fieldwork, the consultants identified many houses which have a size greater than 70 m2. The Mozambican resettlement legislation and the WB policies states that the affected person should at least restore the same standard of living which they had before the resettlement. The Mozambican Decree 31/2012 of 8th of August, states that all affected houses must be compensated in kind, with houses of a minimum of 70 m2, built in a plot of 800m2 in urban areas and 5 000m2 in rural areas. PAP’s, who have larger homes, would be prejudiced would find themselves and their families in a significantly worse off circumstances than that which they had prior to the resettlement. For this Resettlement Plan – Final Report 100 reason, the compensation methods to be utilised for plots will be equivalent to current plots when larger, and for the actual houses it is divided into two categories, namely:  Loss of houses with a size smaller than 70m2; and  Loss of houses with a size larger than 70m2. 7.2.1 Loss of Houses with Size Smaller than 70m2 The loss (partial or total) of habitational structures (main house and complementary housing structures) with size smaller than 70 m2 will be compensated through the provision of replacement housing. Regardless of the layout and construction materials of the current structure, all PAP’s will be compensated with structures built of conventional materials according to the following principles:  One main house with three rooms per household;  One exterior kitchen; and  One exterior bathroom and toilet; The area of the three above structures must add up to a minimum of 70 m2. All replacement land will be within the locality and/or community of the PAP. In addition, transitional assistance will be provided to all such HH’s. Whilst in-kind is the default option under this rubric, it is also acknowledged that where a replacement plot, fulfilling the necessary conditions is harder to come by, particularly in the more densely populated areas, HH’s may be offered the option of monetary compensation, sufficient for them to settle in an alternate location and maintain their current standards of living. This alternate option will, however, be assessed on a case by case basis and such an assessment will take cognisance of the PAP’s vulnerability and likely prospects of maintaining and/or improving their living standards. Unassisted cash compensation will not be available for vulnerable PAPs. 7.2.2 Loss of Houses with Size Greater than 70 m2 The loss (partial or total) of habitation structures (main house and complementary housing structures) with size greater than 70 m2, may be compensated monetarily. The compensation will be at a full replacement value of the structure (market value plus transaction costs), allowing the affected PAP’s to construct the same structure in a different place. Such HH’s will also be compensated through receiving plots of equivalent size and standards. An option of replacement land of equal value and a standard replacement structure plus monetary compensation covering the difference in value will also be offered to the affected PAP’s. Transitional assistance will also be provided to all such HH’s. 7.3 Auxiliary Structures Loss (partial or total) of auxiliary structures such as machamba houses, will be compensated in kind, whenever possible. When not possible, the auxiliary structure must be compensated for monetarily at full replacement cost. The formula and the updated prices (corrected with inflation to the month of the resettlement) presented in the Ministerial Decree 181/2010, of 3 November can be used as a starting point and the final amount of compensation will be validated to ensure full replacement value at market cost plus transactional costs. Resettlement Plan – Final Report 101 7.4 Infra-structures under Construction Loss (partial or total) of structures under construction not intended as primary residence will be compensated monetarily. The compensation will be at full replacement value of the structure, allowing the PAP to construct the same structure in a different place in a plot of at least the same size provided through the resettlement process. Should the infrastructure be identified as the HH’s primary residence, it shall be considered as fall under the above compensation packages mentioned above (home of either smaller or larger than 70m2). 7.5 Loss of Crops The loss of standing crops (agricultural products) during the agricultural season or if cropping cycles are lost or interrupted, will be compensated with monetary compensation at full replacement cost. Compensation values will, at minimum, be in accordance with the updated table from the Agriculture Provincial Department of either Maputo, Gaza or Inhambane Provinces, which indicates the current market values for different crops. The provincial compensation table will be validated by a market study and the highest price between the two sets of figures will be used in the compensation package. 7.6 Loss of Trees with Economic Value (Fruit Trees and Native Trees) The HH’s fruit trees that will be affected by the Project will be compensated for monetarily at full replacement cost. Compensation values shall, at minimum, be based on values established by the Agriculture Provincial Department of either Maputo, Gaza or Inhambane Provinces. The valuation will take the prime productive value of all trees for its full productive life span, irrespective of actual current age and productivity. The provincial compensation table will be validated by a market study and the highest price for each tree between the two sets of figures will be used in the compensation package. 7.7 Loss of Businesses Activities Compensation for the loss of business, including the structures used for small shops located within the Project PPZ and the land upon which it is located, will be compensated in kind, whenever possible. When not possible the business structure will be compensated monetarily following the formula and the updated prices (corrected with inflation to the month of the resettlement) presented in Ministerial Diploma 181/2010, of 3 November, or the full replacement value, whichever is higher. When assessing the value of the business, consideration will be made in relation to the land upon which the business is located and the amount of compensation needed to enable the PAP to obtain a DUAT to similar land. In case that the resettlement does not enable the affected business activity to be set up in a new location prior to resettlement, or where there is any other transitional interruption, the loss of income and time taken to complete the transition will be calculated and included in the resettlement compensation package. 7.8 Religious Temples Compensation for the loss of religious temples, located within the Project PPZ will be provided in kind, whenever possible. When not possible and agreed with the community, the structure and the land on Resettlement Plan – Final Report 102 which it stands will be compensated monetarily following the formula and the updated prices (corrected with inflation to the month of the resettlement) presented in Ministerial Decree 181/2010, of 3 November, or at full replacement value (including the amount needed to obtain a DUAT to similar land), whichever is higher. 7.9 Loss of Cemeteries and Sacred Sites 7.9.1 Sacred Sites EDM will work with communities to preserve sacred sites and ensure that they remain in place whenever possible. When it’s not possible EDM will agree with the community on how to avoid significant impact on sacred places, each community will organise a ceremony in order to transfer the sacred site to a new location, in accordance with local religious beliefs and / or customs. EDM will absorb all costs related to any movement of sacred site, including ceremonies and other requirements needed to fulfil/adhere to norms. 7.9.2 Cemeteries All reasonable efforts will be made to preserve and protect cemeteries in their current location and to ensure continued access by communities. Should the construction and/or operation of the line necessitate the exhumation of graves and translocation of graves, this activity will be monitored by local authorities. EDM will support all costs for exhumation and translocation of the graves including professional services as agreed with the community. Each community will organise a ceremony for the removal and translocation of graves according to local religious beliefs and / or customs. 7.10 Loss of Public and Social Infrastructures / Services The Project will avoid impact on public infrastructure, however, when not possible, EDM will, in conjunction with the local authorities ensure the timeous replacement of such public infrastructure. The process of defining the appropriate compensation measures will include a negotiation with each relevant government department and will include a memorandum of understanding and the relevant budgetary arrangements. Resettlement Plan – Final Report 103 8 Execution Project for the Resettlement Houses 8.1 Plot Organization and Housing Typology This chapter presents the plot organisation and the housing typology proposed to be built as part of the compensation package for the loss of housing structures as a result of the resettlement process. The typology of the proposed housing followed the Resettlement Process Regulations (Decree No. 31/2012 of 8 August). The housing typology and plot organization took into account the results of the consultations to affected communities and with district government. The project´s principle is to adjust to the way of life of the populations to resettle, seeking to promote a very significant improvement in the level of housing and the provision of infrastructure to support housing. 8.2 Regulatory Obligations The resettlement process regulation (Decree No. 31/2012 of 8 August) imposes the following requirements:  Type III house,  Construction in conventional material,  Minimum area of 70 m2,  Plot minimum area of 5.000 m2 (Rural Resettlement),  Plot minimum area of 800m2 (Urban resettlement) 8.3 Plot Organisation The proposed plot has a rectangular geometry and an area of 5,000 m2 for rural resettlement and 800m2 for urban resettlement. The plot organization considered the guarantee of the general health, locating the toilet facilities as far as possible from the main house (for rural resettlement), although at an acceptable distance for regular use. The following figure illustrates the organization for the rural and urban resettlement. Resettlement Plan – Final Report 104 Figure 8-1 – Plot organisation for Rural Resettlement Figure 8-2 – Plot organisation for Urban Resettlement The organisation of the residential plot places the main house as the first building to be accessed from the street layout. All other constructions are placed on the plot to form a small outdoor courtyard in the back of the main building, which is shielded from direct view of the roads, and can become a place of meeting and working. Resettlement Plan – Final Report 105 8.4 Buildings 8.4.1 Rural Resettlement The residential area includes the following buildings:  Main house,  Exterior toilet, and  Exterior kitchen, The following Table presents the dimensions of each building for the rural resettlement. Table 8-1 – Area of buildings for the rural resettlement Description Characteristics Residential area Main house Bedrooms and living room Living room 21.00 m2 Room I 14.00 m2 Room II 10.50 m2 Room III 10.50 m2 Corridor 4.25 m2 Veranda 1 4.75 m2 Veranda 2 5.25 m2 Total Area 66 m2 Ancillary Structures Kitchen and Toilet Toilet 6,50 m2 Kitchen & Laundry 9.00 m2 Total Area Ancillary Structures 15.50 m2 Total living area 81 .50m2 The total area of the infrastructure to be built (including main house, exterior kitchen, laundry and outside bathroom) makes a total of 81.50 m2. Resettlement Plan – Final Report 106 8.4.2 Urban Resettlement The residential area includes a main house with the following rooms: Table 8-2 – Area of buildings for the rural resettlement Description Characteristics Residential area Main house Bedrooms and living room Living room 21.00 m2 Room I 10.50 m2 Room II 10.50 m2 Room III 12.75 m2 Corridor 4.25 m2 Veranda 1 5.25 m2 Veranda 2 4.75 m2 Kitchen 9.00 m2 Pantry 1.50 m2 Toilet 1 3.50m2 Toilet 2 3.50 m2 Total Area 86.50 m2 Given the financial constraints and large investment that underlie resettlement projects, the design team intends to ensure, first of all, that the technical conditions for construction are maximized in order to ensure the best possible living conditions. For this reason, it is proposed that the buildings "absorb" the construction costs of technical solutions that will ensure the best possible conditions of habitability. The project promotes the use of "simplified" constructive principles, ensuring that one can resort to the use of local labour in the construction of those buildings with the aim of having a positive direct impact on the social and economic conditions of the local population. As a starting point for this concept, the housing design has been adapted to the local geographical conditions, that are extreme, based on the simple principle of protection of direct sunlight in buildings, especially in the outer vestments, minimizing as much as possible, the heat exchange inside/outside, minimising the maximum using glass windows and enhancing the thermal characteristics of the roof cover. Therefore, it is proposed the construction of a roof with appropriate thermal characteristics which protect the building from direct solar incidence using the extension of the roof beyond the perimeter of the housing. This construction strategy, which is widely used in traditional construction, allows the natural cooling of the facades with thermal gains inside the buildings. This roof is designed to ensure the existence of a small "air cushion" that ensures the circulation of air between the cover plate and the thermal insulation, increasing the insulation characteristics of cover. Given the existence of a large surface area of the main dwelling, the collection of rainwater through a Resettlement Plan – Final Report 107 system of gutters that direct water into a reservoir should be considered. This water can be used later for irrigation and toilets. Are proposed the following materials for the construction of buildings:  Reinforced concrete foundations with strip footing, which supports foundation masonry. The foundation masonry form the floor boxes.  Ground floor surface finishing of reinforced concrete cuddled.  Metallic roof with thermal insulation, including a metal sheet fastening structure, with adequate thermal insulation thickness, lower finish wooden board pressed OSB (Oriented Standard Board or Placas de Partículas Orientadas) or equivalent type.  External walls self-supporting sustaining the coverage substructure with ceramic eco bricks, manufactured on site. Exterior walls are brick. The interior finish is plaster to the height of the doors lintels with paint finish.  Sub-roof structure in treated pine wood beams.  Interior plastering in moist areas, toilet and kitchen. Window openings with simple painted wood and glass. Alternatively, wooden shutters could be considered to ensure better thermal performance. In either case, metal insect net will be applied.  Doors, interior and exterior, are in varnished solid wood. The outer door may be subdivided into two sheets, one functioning as a window. 8.4.2.1 Water Supply Piped water supply to the buildings is considered for urban houses. The houses are designed with gutters which will assist in the collection and storage of stormwater. 8.4.2.2 Sanitation A septic tank will be built designed for the estimated number of users per dwelling. This tank will be built with a ventilated chamber. 8.4.2.3 Electricity Supply The main house will have simplified electric installation. 8.4.3 Drawings Detailed drawings of the different infrastructure proposals are presented in Appendix. Resettlement Plan – Final Report 108 10 Resettlement Host Area The selection of a resettlement host area has a significant impact on the families that will need to be economically and physically relocated. In order to minimise these impacts, it is recommended that the affected households be relocated within the same communities in which they currently reside. As this is a linear project, the overall impact of the resettlement although involving the physical relocation of a significant number of households, may be mitigated, particularly in the more rural areas, given that resettlement will be spread along the line and not all concentrated to a single site. As mentioned above, this Project has a total extension of 561 km and according to the field survey conducted in April 2019, a total of 577 households (HHs) will need to be permanently relocated, therefore a resettlement host area needs to be identified for these households. Out of the 577 affected households, 410 are physical household, 103 are houses under construction, 41 are agricultural plots, 11 are business infra-structure, nine are places of worship and three are social infrastructures. Resettling the impacted HHs in the same communities where they currently reside is a way to mitigate or minimise some the socioeconomic impacts of the resettlement process, as the affected HH will still be able to access to same social infra-structure which they currently use, the same sacred and spiritual sites, the same formal employment and agricultural land they currently use and continue with their social networks. As a result, this RAP envisions that all affected HHs will be resettled within the same localities and communities in which they currently reside. Also resettling economic HHs in the same community where they currently practice their activity, is means to ensure that they still have the same customers, utilise the same markets to sell and buy their goods. During the second round of PPP, as stipulated in the Ministerial Decree 156/2014, it is required to discuss possible resettlement sites. This topic was discussed with all district authorities, local leaders and affected households. During the meetings, conditions, available land within the localities, their locations were explored and discussed. All districts confirmed that there is enough land available and are enough plots in each locality to accommodate the resettlement of the PAP’s. With regards to agriculture activities, it was discussed if the affected household can carry on with their agricultural activities underneath the transmission line following its construction. Restrictions, limitations, such as not being able to grow any crops/trees taller than 5 meters or having any structures on the land were discussed. It was agreed that these limitations would not imply significant changes to PAP activities, as none of the crops which they cultivate, grown higher than 5 meters. Therefore, it was agreed that the affected households will be able to carry on with their agricultural activities, in much the same manner as they do currently and their preference was to remain in the same plots after transmission line is built, albeit with new restrictions. In order to ensure that the PAP’s maintain land tenure security and autonomy over the land, a contract between EDM and affected person will be drafted, stating that the affected person can utilise the land and should EDM or any other government agency require the land or place additional restrictions at a later date or any other point, the affected PAP will be to be compensated with a piece of land of at least the same size and with the same market value. A suitable agreement to this effect will be to be signed and any permits or formalization completed by EDM as required by the Land Law. Resettlement Plan – Final Report 109 (see chapter 5). The sections below present the resettlement host areas preliminarily identified in each impacted district. 10.1 Funhalouro District The census survey showed that a total of five physical households will need to be permanently resettled in the district of Funhalouro. They currently form part of three different communities. The area may be considered to be rural implying that in accordance with the Mozambican resettlement decree 31/2018 of 8th of August each resettlement plot needs to be at least 5 000 m2, in size. During the Public Participation Process and interaction with district, local authorities and project affected people it was agreed that the communities have enough space to relocate the five PAP HH’s internally. Therefore, the PAP will be relocated within the same communities they currently reside, so three resettlement host area were selected in Funhalouro District, avoiding the need for any HH to be relocated further than 500 meters from where they currently reside. During the discussions it was also agreed that those with impacted agricultural plots will be able to continue with their agricultural activities after the construction of the transmission line, therefore any identification for new land and/or a host area for agricultural activities is not required. The image below shows the resettlement host area in Funhalouro District. Resettlement Plan – Final Report 110 Figure 10-1 – Host Areas in Funhalouro District Resettlement Plan – Final Report 111 10.2 Panda District The census survey showed that a total of three physical households will be permanently resettled in Panda District and they are divided into three communities. The affected PAP are of a rural characteristics, which according to the Mozambican resettlement decree 31/2018 of 8th of August the resettlement plot needs to be of 5 000 m2. During the Public Participation Process and interaction with District, local authorities and project affected people it was agreed that the communities have enough space to relocate the PAP. Therefore, the PAP will be relocated within the same communities they currently reside, so three resettlement host areas were selected in Panda district avoiding any PAP to be relocated further than 500 meters from where they currently reside. During the discussions it was also agreed that those with impacted agricultural plots will be able to continue with their agricultural activities after the construction of the transmission line, therefore not requiring to identify a host area for agricultural activities. The image below shows the resettlement host area in Panda District. Resettlement Plan – Final Report 112 Figure 10-2 – Host Areas in Panda District Resettlement Plan – Final Report 113 10.3 Chibuto District The census survey showed that a total of 17 physical households will need to be permanently resettled in Chibuto District and they are divided into five communities. The affected PAP are of a rural characteristics, which according to the Mozambican resettlement decree 31/2018 of 8th of August the resettlement plot needs to be of 5 000 m2. During the Public Participation Process and interaction with District, local authorities and project affected people it was agreed that the communities have enough space to relocate the PAP. So five resettlement host areas were selected in Chibuto district avoiding any PAP to be relocated further than 500 meters from where they currently reside. During the discussions it was also agreed that those with impacted agricultural plots will be able to continue with their agricultural activities after the construction of the transmission line, therefore not requiring to identify a host area for agricultural activities. The image below shows the resettlement host area in Chibuto District. Resettlement Plan – Final Report 114 Figure 10-3 - Host areas in Chibuto District Resettlement Plan – Final Report 115 10.4 Mandlakaze District The census survey showed that a total of one physical household will need to be permanently resettled in Mandlakaze District. The affected PAP is of a rural characteristics, which it means that according to the Mozambican resettlement decree 31/2018 of 8th of August the resettlement plot needs to be of 5 000 m2. During the Public Participation Process and interaction with District and local authorities it was agreed that the community have enough space to relocate the PAP. So one resettlement host areas were selected in Mandlakaze district, avoiding the PAP to be relocated further than 500 meters from where he currently reside. The image below shows the resettlement host area in Mandlakaze District. Resettlement Plan – Final Report 116 Figure 10-4 – Mandlakaze Resettlement Host Area Resettlement Plan – Final Report 117 10.5 Chokwe District The census survey showed that a total of 19 physical households will need to be permanently resettled in Chokwe District and they are divided into four communities. The affected PAP are of a rural characteristics, which it means that according to the Mozambican resettlement decree 31/2018 of 8th of August the resettlement plot needs to be of 5 000 m 2. During the Public Participation Process and interaction with District and local authorities it was agreed that the communities have enough space to relocate the PAP. So four resettlement host areas were selected in Chokwe district, avoiding any PAP to be relocated further than 500 meters from where they currently reside. During the discussions it was also agreed that those with impacted agricultural plots will be able to continue with their agricultural activities after the construction of the transmission line, therefore not requiring to identify a host area for agricultural activities. The image below shows the resettlement host area in Chokwe District Resettlement Plan – Final Report 118 Figure 10-5 – Resettlement host area in Chokwe District Resettlement Plan – Final Report 119 10.6 Bilene District The census survey showed that a total of 14 households will need to be permanently resettled in Bilene District of which 12 are physical households and two are business. These households are divided into two communities. The affected PAP are of a rural characteristics, which it means that according to the Mozambican resettlement decree 31/2018 of 8th of August the resettlement plot needs to be of 5 000 m2. During the Public Participation Process and interaction with District and local authorities it was agreed that the communities have enough space to relocate the PAP. So two resettlement host areas were selected in Bilene district, avoiding any PAP to be relocated further than 500 meters from where they currently reside. During the discussions it was also agreed that those with impacted agricultural plots will be able to continue with their agricultural activities after the construction of the transmission line, therefore not requiring to identify a host area for agricultural activities. The image below shows the resettlement host area in Bilene District Resettlement Plan – Final Report 120 Figure 10-6 – Resettlement Host are in Bilene District Resettlement Plan – Final Report 121 10.7 Magude District The census survey showed that a total of 24 Household will need to be permanently resettled, of which 19 are physical households, one house under construction, two business infrastructure, one social infrastructure and one place of worship. The households that will be impacted in Magude District are divided into two Localities. The affected PAP are of a rural characteristics, which it means that according to the Mozambican resettlement decree 31/2018 of 8th of August the resettlement plot needs to be of 5 000 m2. During the Public Participation Process and interaction with District and local authorities it was agreed impacted household would be resettled in the same administrative post which they currently reside. Therefore the Magude District Services for planning and infrastructure selected one host area to accommodate all impacted household. The selected host area is near public transportation, with access to electricity and water, therefore not negatively impacting on the socioeconomic conditions of the affected population During the discussions it was also agreed that those with impacted agricultural plots will be able to continue with their agricultural activities after the construction of the transmission line, therefore not requiring to identify a host area for agricultural activities. The image below shows the resettlement host area in Magude District Resettlement Plan – Final Report 122 Figure 10-7 – Resettlement Host Area in Magude District Resettlement Plan – Final Report 123 10.8 Manhiça District The census survey showed that a total of 28 Household will need to be permanently resettled, of which, 22 are physical households, five houses under construction and one social infrastructure. The households that will be impacted in Manhiça District are divided into two localities. The affected PAP are of a rural characteristics, which it means that according to the Mozambican resettlement decree 31/2018 of 8th of August the resettlement plot needs to be of 5 000 m2. During the Public Participation Process and interaction with District and local authorities it was agreed impacted household would be resettled in the same administrative post which they currently reside. Therefore the Manhiça District Services for planning and infrastructure selected one host area to accommodate all impacted household. The selected host area is near public transportation, with access to electricity and water, therefore not negatively impacting on the socioeconomic conditions of the affected population. During the discussions it was also agreed that those with impacted agricultural plots will be able to continue with their agricultural activities after the construction of the transmission line, therefore not requiring to identify a host area for agricultural activities. The image below shows the resettlement host area in Manhiça District Resettlement Plan – Final Report 124 Figure 10-8 – Resettlement Host area in Manhiça District Resettlement Plan – Final Report 125 10.9 Marracuene District The census survey showed that a total of 119 Household will need to be permanently resettled, of which, are physical households, 19 houses under construction, one business infrastructure, two places of worship, one public infrastructure and 41 agricultural plots that are within Matalane Substation footprint. The households that will be impacted in Marracune District are divided into three localities. The affected PAP are of a urban characteristics, which it means that according to the Mozambican resettlement decree 31/2018 of 8th of August the resettlement plot needs to be of 800 m2. During the Public Participation Process and interaction with District and local authorities it was agreed that the impacted household would be resettled in the same administrative post which they currently reside. Therefore the Marracuene District Services for planning and infrastructure selected one host area to accommodate all impacted household. The selected host area is near public transportation, with access to electricity and water, therefore not negatively impacting on the socioeconomic conditions of the affected population. During the discussions it was also agreed that those with impacted agricultural plots that are not inside Matalane substation footprint will be able to continue with their agricultural activities after the construction of the transmission line, therefore not requiring to identify a host area for agricultural activities. The image below shows the resettlement host area in Marracuene District. Resettlement Plan – Final Report 126 Figure 10-9- Resettlement host area in Marracuene District Resettlement Plan – Final Report 127 10.10 Moamba District The census survey showed that a total of 131 Household will need to need to be permanently resettled, of which, 96 are physical households, 31 houses under construction and four places of worship. The households that will be impacted in Moamba District are divided into two localities. The affected PAP are of a urban characteristics, which it means that according to the Mozambican resettlement decree 31/2018 of 8th of August the resettlement plot needs to be of 800 m2. During the Public Participation Process and interaction with District and local authorities it was agreed that the impacted household would be resettled in the same administrative post which they currently reside. Therefore the Moamba District Services for planning and infrastructure selected one host area to accommodate all impacted household. The selected host area is near public transportation, with access to electricity and water, therefore not negatively impacting on the socioeconomic conditions of the affected population. During the discussions it was also agreed that those with impacted agricultural plots that are not will be able to continue with their agricultural activities after the construction of the transmission line, therefore not requiring to identify a host area for agricultural activities. The image below shows the resettlement host area in Marracuene District. Resettlement Plan – Final Report 128 Figure 10-10 – Resettlement host area in Moamba Distric Resettlement Plan – Final Report 129 10.11 Boane District The census survey showed that a total of 216 Household will need to be permanently resettled, of which 161 are physical households, 47 houses under construction, six are business infrastructure and two places of worship. The households that will be impacted in Boane District are divided into two localities. The affected PAP are of a urban characteristics, which it means that according to the Mozambican resettlement decree 31/2018 of 8th of August the resettlement plot needs to be of 800 m2. During the Public Participation Process and interaction with District and local authorities it was agreed that the impacted household would be resettled in the same administrative post which they currently reside. Therefore the Boane District Services for planning and infrastructure selected one host area to accommodate all impacted household. The selected host area is near public transportation, with access to electricity and water, therefore not negatively impacting on the socioeconomic conditions of the affected population. During the discussions it was also agreed that those with impacted agricultural plots that are not will be able to continue with their agricultural activities after the construction of the transmission line, therefore not requiring to identify a host area for agricultural activities. The image below shows the resettlement host area in Boane District Resettlement Plan – Final Report 130 Figure 10-11 – Resettlement Host area in Boane District Resettlement Plan – Final Report 131 12 Public Participation Process According to international best practices and Mozambican Legislation, all Interested and Affected Parties (I&APs) must be properly informed and participate during all phases of the resettlement process. The Mozambican Ministerial Decree 156/2014, of 19 September, states that during a resettlement process, a minimum of four public participation rounds need to be conducted. Two of those rounds are undertaken as part of the development of the RAP. This chapter presents the methodology and the main objectives of the Public Participation Process (PPP) that was conducted during the development of the RAP, in total three rounds of consultation were conducted. 12.1 First Round of Public Participation The first round of public participation took place simultaneously with the initial census fieldwork and it was conducted in the communities that will be crossed by the Project’s PPZ. The first round of the Public Participation Process took place between 25 June and 25 July of 2017. The objective of this first round of public participation was:  To present the Project to the communities crossed by the PPZ;  To present the possible impact which the Project may have in the communities;  To present to the population what their rights are, regarding the Project’s impacts, and specifically regarding potential resettlement impacts (as stipulated in Decree 31/2012 and Ministerial Resolution 156/2014);  To collect information regarding possible resettlement host areas in each community; and  To hear and clarify any questions that the population may have regarding the Project, and specifically regarding the resettlement process. In order to arrange the public participation meetings, local leaders were informed 5 days prior to the date of the meeting and were asked to inform the local population about it. Whilst this may be a limited amount of time, the local leaders considered it sufficient to mobilise the respective communities. As such this allowed enough time for all interested parties to be informed about the meeting and participate if they wished. During the meetings, all participants had the opportunity to express any concern, comments of suggestions about the Project. Presence lists of the participants were compiled and minutes of each meeting were elaborated. This documentation is provided in Annex III of this RAP report. In total, 13 public participation meetings were conducted. The table below shows the location and date of these meetings. Resettlement Plan – Final Report 132 Table 12-1 – Location and date of public participation meetings – first round Location Date 4th Neighbourhood 4th of July 2017 Mulotana 4th of July 2017 Caniço 5th of July 2017 Muchapanhe 6th of July 2017 Chiboene 7th of July 2017 Maguiguane 7th Of July 2017 Mwambalate 7th of July 2017 Maluana 10th of July 2017 Matalane 12th of July 2017 Ducofo 17th of July 2017 Chivalo C 17th of July 2017 Chacuane 18th of July 2017 Bairro D, Quarteirão 8 24th of July 2017 During the first round of public participation many topics were discussed, the table below summarises the main questions/comments raised by the participants and how these questions and comments were addressed. Table 12-2 - Main questions and comments raised by the participants – 1st round of Public Participation Process Mains Questions and Comments by participants Answers to the Questions and Comments Are the communities going to benefit from the It was explained that this project is the transmission of a electricity? High Voltage electricity and that it would not be distributed to the local population. However it was also explained that EDM has a electrification project and that this project will assist in the distribution of electricity to the overall South region of Mozambique. Will the Local community benefit from employment It was explained that it is always recommended to the opportunities? This is because there are many people contractor gives priority in hiring local labour. that in our communities can work during the construction of the transmission line If people are resettled, how it will be done? It was explained that resettlement will be done according to National legislation and international best practices. Resettlement Plan – Final Report 133 12.2 Second Round of Public Participation The second round of public participation took place simultaneously with the second phase of the census fieldwork and it was conducted in the communities that will be affected by the Project’s PPZ. The second round of the Public Participation Process took place between 17th of August and 17th of September. The main objectives of these consultation activities were to:  present the Project;  present the impact that the Project will have, given emphasis to resettlement impact;  present the mitigation measures used to minimize the impact on resettlement;  present resettlement legislation and international best practices including the rights of PAPs and the entitlement matrix under OP 4.12;  clarify the width of the Project PPZ, which had been informed in 2017 of being of 50 m, when currently the PPZ is assumed to be 100 m wide, in compliance with the Land Law;  discuss about possible host areas along the Project PPZ; and  hear concerns and comments and clarify any questions that the participants may have. In order to arrange the public participation meetings, local leaders were once again informed 5 days prior to the date of the meeting and were asked to inform the local population about it. As with the first round, it was considered that this enabled enough time for all interested parties to be informed about the meeting and participate if they so wished. During the meetings, all participants had the opportunity to express concern, comment and make suggestions. Participation lists of were compiled and minutes of each meeting were elaborate. This documentation is provided in Annex III of this RAP report. In total, 18 public participation meetings were conducted during this phase. The table below shows the location and date of these meetings. Table 12-3 – Location and date of public participation meetings – Second round Location Date Matalane 8/23/2018 Nditxe 8/24/2018 Ngongloza 8/29/2018 Maluana 8/31/2018 Mulotana 8/17/2018 Zilinga 8/20/2018 Boenine 8/23/2018 Facazissa 9/1/2018 Mwambalate 8/23/2018 Caniço 8/23/2018 Xiondzanine 8/23/2018 Senguene 9/6/2018 Mazivila Sede 9/3/2018 Chacuane 9/10/2018 Macanhe 9/5/2018 Resettlement Plan – Final Report 134 Location Date 3 Fevereiro/Chiaquelane 9/5/2018 Macavalane 9/14/2018 Chidanoane 9/17/2018 During the second round of public participation a number of issues were discussed, the table below summarises the main concerns/questions and comments raised by the participants and how these questions and comments were addressed. Table 12-4 – Main questions and comments raised by the participants – 2nd round of Public Participation Process Mains Questions and Comments by participants Answers to the Questions and Comments It was stated that during the resettlement, EDM needs to It was stated that a Monitoring Resettlement Committee follow the legislation presented. will be established in order to ensure that the resettlement is been implemented according to the plan. Will those with impacted agricultural plots be able to still It was stated that after the construction of the line people cultivate underneath the powerline will be able to cultivate crops and not tress. It was also stated that after the construction that household will not be able to live underneath of the powerline due to security reasons. How will affected people be compensated? It was explained that those households with houses with a size under 70m2, would be compensated with another house and those with houses bigger than 70m2 would be compensated monetarily. It was also stated that those losing crops and trees would be compensated monetarily according to the market value. It was commented that the construction of the house needs to be of a good quality. It was stated that most communities have enough space to accommodate the resettlement (only the communities in Maputo Province stated that it might be more difficult to locate a resettlement area) 12.3 Third Round of Public Participation The third round of public participation took also place simultaneously with the census fieldwork conducted in March and April 2019 and it was conducted in the communities that will be affected by the Project’s PPZ. These round of Public Participation Process took place between 27th of March and 20th of April 2019. Resettlement Plan – Final Report 135 The main objectives of these consultation activities were to:  To present the Project;  To discuss compensation methodology;  Present the Grievance Redress Mechanism;  To discuss about possible host areas along the Project PPZ;  To discuss livelihood strategies and  To hear concerns and comments and clarify any questions that the participants may have. In order to arrange the public participation meetings, District Authorities and local leaders were informed 5 days prior to the date of the meeting and were asked to inform the local population about it. Whilst this may be a limited amount of time, the local leaders considered it sufficient to mobilize the respective communities. As such this allowed enough time for all interested parties to be informed about the meeting and participate if they wished. During the meetings, all participants had the opportunity to expresses any concern, comments of suggestions about the Project. Presence lists of the participants were compiled and minutes of each meeting were elaborate. This documentation is provided in Annex II of this Preliminary RAP report. In total, 27 public participation meetings were conducted. The table below shows the location and date of these meetings. Table 12-5 - Location and date of public Participation meetings – Third round Community Date Cupo 27/03/2019 Chidanuane 28/03/2019 Macavelane-Sede 30/03/2019 Bombene 30/03/2019 Munhuane 03/04/2019 Marila 06/04/2019 Mwana 11/04/2019 Kampanhane 11/04/2019 Mazivila 13/04/2019 Sengene 13/04/2019 Memo 13/04/2019 5 Bairro 18/04/2019 Zuza 18/04/2019 Phazimane 06/04/2019 Lhanguene 01/04/2019 Boanine 03/04/2019 Chiboene 04/04/2019 Ngolhoza 02/04/2019 Nwabalambane 02/04/2019 Matalane-Area sub estação 12/04/2019 Mulotane 10/04/2019 Resettlement Plan – Final Report 136 Community Date Mavoco 12/04/2019 Barrica 16/04/2019 Bairro 1 19/04/2019 Beluluane 20/04/2019 Bairro 3 16/04/2019 Zilinga 06/04/2019 During the these round of Public participation many topics were discussed, the table below summarize the main questions comments raised by the participants and how these questions and comments were addressed. Table 12-6 - Main questions and comments raised by the participants – 3rd round of Public Participation Process Mains Questions and Comments by participants Answers to the Questions and Comments It was commented that all communities have enough . area to host the resettlement, but if the project takes too long those areas will no longer be available as most of the population wants to be resettled in the same communities How will the absent people will be compensated? It was explained that during the implementation special efforts will be done to locate these people and in case they are not found, the compensation will be placed in a escrow account, so they can be compensated when they claim for the lost asset. In terms of livelihood restoration it was stated that they They comments were taking in consideration and it will need capacity building to lean how to work on be included in the livelihood restoration plan. construction and improve their agricultural skills. It was mentioned by most of the affected population that they need assistance in the agricultural sector especially with credit, so they can buy inputs. Will the affected people without DUAT will be It was stated that everyone with or without DUAT will be compensated in the same manner was those without compensated the and those without will be granted one DUAT. during the resettlement process. 12.4 Public Participation Process: Summary of Key Issues As per Ministerial Decree No. 156/2014 and OP 4.12, public participation is a cornerstone to the resettlement and Preliminary RAP process. The first round of a minimum of four took place between Resettlement Plan – Final Report 137 the 25th of June and the 25th of July 2017 and constituted of 13 meeting in different locations, where the Project was presented, potential impacts and rights explained, information/clarifications were attained/made. The second round took place between 17th of August – 17th of September 2018 and in total 18 meetings were conducted. During this meeting the Project was presented and its potential impact, including clarification of width of the PPZ. Possible areas for resettlement in each of the communities were discussed. The third round took place between 27th of March – 20th of April 2019 and in total 27 meetings were conducted. During this meeting the Project was presented again, the compensation methods and the grievance redress mechanism. Possible areas for resettlement in each of the communities were discussed. During the PPP any doubts, queries and questions that the participants had were engaged with and responses/clarifications attempted. The image below illustrate some of the PPP conducted with local communities and local leaders. Figure 12-1 – Public Participation Process with communities and local leaders Resettlement Plan – Final Report 138 13 Grievance Redress Mechanism 13.1 Background Interactions with the communities will occur frequently during the different phases of the Project. A community grievance is an issue, concern, problem, or claim (perceived or actual) that an individual or group or representative wants the company or contractor to address and resolve. Sometimes a simple complaint, if not addressed in a timely and proper manner, can escalate to a dispute. Understanding and managing community and stakeholder issues and concerns is vital to the long-term successful relationship between EDM and the communities. Unresolved community issues can affect the Project adversely. Therefore, is important that a simple and effective grievance management process is established and implemented. This section provides for a specific Grievance Redress Mechanism (GRM). 13.2 Objective The GRM protocol will provide guidance to EDM for the management of suggestions and complaints of the community and stakeholders throughout the different phases of the Project, including the final RAP implementation phases as well as operational and monitoring phases. This protocol will allow EDM to:  Understand the community’s perception of Project risks and impacts so as to adjust its measures and actions to address the community concerns;  Inform affected communities and stakeholders about the process which will be followed in response to grievances;  Address and redress community complaints;  Make available to the affected communities and stakeholders an effective complaints mechanism; and  Map community suggestions, claims and concerns as an opportunity for continuous improvement; creating or changing an existing system and learning process. 13.3 Target Group The GRM protocol applies to any community or stakeholder (institutions, host community, groups and individuals) affected by activities of the STE Project including the actions of companies retained by EDM to undertake any work in the STE Project. The GRM protocol is broader in scope than the PAPs and the resettlement process. The GRM, as such, will be a tool aimed at addressing grievances of communities, groups and/or individuals along the STE for the entire duration of the Project (construction, implementation and decommissioning). 13.4 Principles The GRM protocol is governed by the following principles: Resettlement Plan – Final Report 139  Safety: Any interested or affected community member or stakeholder should feel safe and confident to raise a grievance or suggestion without fear of reprisal;28  Accessibility: The protocol should be readily available and easily accessed by any community member or stakeholder. EDM will take all practicable steps to remove potential constraints to access such as language, illiteracy and distance. EDM will use the local media and other means to disseminate the mechanism.  Timely: All grievances will be managed in a timely manner to avoid escalation to a dispute and cause major risks to the Project;  Respect: The community grievance resolution process will be in compliance with internationally recognized human rights standards, such as the Covenants on Economic, Social and Cultural Rights, Civil and Political Rights, Convention on the Elimination of All forms of Discrimination against Women (CEDAW), Convention of the Rights of Persons with Disabilities (CRPD), Committee on the Elimination of Racial Discrimination (CERD), and Convention on the Rights of the Child (CRC), all of which Mozambique has ratified;  Transparency and Accountability: The community grievance and suggestion process and outcomes will be sufficiently transparent to meet public interest concerns without compromising the privacy or identity of individuals. The process should likewise be and be perceived to be fair, independent and legitimate;  Predictability: The process will be consistently applied with clear timeframes for each stage and provide clarity on the types of process and outcomes that can, and cannot be offered;  Confidentiality: The GRM will provide channels where individuals will be able to lodge any grievance in a confidential manner without having to register his/her name. 13.5 Types of Complaints and Suggestions There are three main types of complaints and suggestions, namely:  Individual: refers to a grievance or suggestion raised by an individual affected person/community member;  Group: refers to grievances or suggestions raised by a specific group of people such as gender group, disability, association, etc.; and  Community: refers to grievance or suggestion involving a whole community. These complaints may be made in a community meeting or by the community leader on behalf of the community explaining in this case the reason why this is a community complaint. 13.6 Receipt and Registration Consistent with the principle of accessibility, EDM will provide for complaints to be made through multiple communication channels, as follows: 28 This includes providing a safe channel for SEA/GBV complaints in accordance with the SEA/GBV Prevention and Response Action Plan that is being developed and implemented under the STE Project ESMP. Resettlement Plan – Final Report 140  Face-to-face verbal complaint: refers to an informal or formal conversation with a representative of EDM (Community/GRM officer), or the Consultants or other contractors responsible for the implementation of the resettlement or of the Project, or a member of the Resettlement Committee;  Written complaint: refers to a registration in a complaint book, formal letter or email or a note or similar lodged with the local leader or placed in the Complaint and Suggestion box;  Voice call complaint: refers to a phone call conversation to a dedicated (free of charge) number including message left on a voice message box. EDM will make available a Complaint and Suggestion Book at certain locations (chiefs office/house, community centres where available, STE camps and work sites), in communities and any EDM premises. Any affected person can register a written complaint in this book. Assistance services to be available as stakeholders may need. As stated above, written complaints can also be submitted by formal letter, fax or e-mail. Complaint and Suggestion Boxes will also be available for use in off-hours and when PAPs seek anonymity. In all cases of verbal complaint (face-to-face or voice call complaint), the receptor will fill the appropriate form at the Complaint and Suggestion Book to allow registering and processing. In these cases, the receptor should state/refer clearly the way he/she acknowledge the complaint or suggestion as well as preliminary information regarding the affected person (e.g.: name, community/institutions, issue, contacts). Language is often a communication constraint (especially dealing with communities with low level of literacy). Thus, EDM will ensure that complaints and suggestions can also be made and responded to in the local languages. In this way, this protocol will adopt as the main communication languages: Portuguese and local languages (The GRM/Community officer will speak the local language). To take into account gender in ensuring that women do not feel intimidated lodging a grievance to a man especially with regards to sexual harassment and gender-based violence, EDM will ensure that women will be part of the grievance redress mechanism team at each active project locality. Confidential options will be provided so that persons who might feel reluctant in lodging a grievance where they have to disclose their identity, especially when lodging a grievance related to an employer, gender-based violence and sexual harassment have access to the GRM. Thus, EDM will ensure that grievances can be lodged confidentially, through the telephone hotline, suggestion box or a third party. 13.7 Dissemination of GRM Prior to the beginning of the construction of the transmission line, EDM and contractor will disseminate the GRM to the local population informing what is the process in lodging a grievance, complains or suggestions. The GRM will be disseminated by:  Community Public Participation Process  Spots on community radio;  Posters placed in each community  Training of community leader in how to receive a grievance, complains or suggestion Resettlement Plan – Final Report 141  Grievance form left with each community leader The dissemination of the GRM will be part of the Stakeholder Engagement Plan that will be developed for the construction of the transmission line. 13.8 Suggestions and Complaints Management Procedure 13.8.1 Suggestions Management Procedure Suggestions are normally easier to deal with than complaints. The management of suggestions shall follow the actions described in the following table. Table 13-1 – Suggestion management methods Responsible Person / Stage Action Entity - Presentation of the suggestion using one of the communication channels (face- Affected person or Presentation to-face interaction, complaints and suggestion book/box, email or voice call). stakeholder - Receipt of the suggestion; - Suggestion record into complaints and suggestion book and grievance tracking Receipt and EDM Community/GRM system; acknowledgement Officer - Delivery of an acknowledgement letter to the affected person, within 5 working days - The focal point will direct the suggestion to the concerned STE unit which will EDM Community/GRM Assessment consider its merits and discuss with EDM management as appropriate Officer - After due consideration of the suggestion, prepare a letter indicating EDM Community/GRM Answer result/outcome and deliver it to the affected person. Officer - After delivery of the answer letter, the matter will be considered closed. The EDM EDM Community/GRM Closing Community Relations Department or environment department will be responsible Officer for any further action and reporting, if required. 13.8.2 Complaints Management Procedure The management of a complaint is more complex than dealing with a suggestion and will follow the steps summarised in the following table. Table 13-2 – Complaint management methods Responsible Stage Action Timing Person / Entity - Presentation of the complaint using one of the communication channels Affected person Presentation Day 1 (face-to-face interaction, complaints book/box, email or voice call). or stakeholder - Receipt of the complaint; - Complaint recorded into complaints and suggestion book and grievance EDM Receipt and tracking system; Community/GRM Day 5 acknowledgment - Delivery of an acknowledgement letter to the affected person or Officer stakeholder, identifying the contact person in the company who will be responsible for the matter. EDM - Confirmation of the issues of the complaint at a meeting with the affected Community/GRM Confirmation person; Officer Affected Day 7 - Preliminary agreement (if applicable). person or stakeholder Resettlement Plan – Final Report 142 Responsible Stage Action Timing Person / Entity EDM Community/GRM - Notification to the MSTC; Officer - Complaint investigation and confirmation of alleged facts; Resettlement Investigation and Committee Day resolution - Resolution proposal by EDM Community/GRM officer; Affected person 7 -14 - Record of the resolution proposal on complaints in suggestion book and grievance tracking system. or stakeholder Others as needed EDM Community/GRM Officer - Meeting with affected person to communicate the resolution proposal, get Resettlement Agreement Day 15 mutual agreement and sign-off. Committee Affected person or stakeholder - Delivery of a closing letter to the affected person or stakeholder; EDM Day Closing - Record of the closure on complaints in the suggestion book and tracking Community/GRM Officer 16 - 17 system Per schedule agreed/ report at least EDM every 30 Follow up - Implementation of any agreed actions and reporting to complainant Community/GRM days until Officer all agreed actions are complete d EDM’s Community Relations Department will manage the GRM and will coordinate with the Social Responsibility Department and other STE/EDM departments as needed. EDM will manage a community grievance within a 17 calendar days period of the receipt of a complaint and the PAP will be notified of the time for each step of the process. Where an investigation takes longer than 17 days, EDM will notify (in writing) the affected person in advance, indicating the reasons for the delay. EDM will always notify PAPs in writing of next steps and dates for same. In the event of non-agreement with the decision about a complaint, the complainant may request that the complaint be escalated to EDM Directors, who will review the complaint and the process and communicate their decision to the complainant within 7 consecutive days. All requests for review will be lodged in the complaint book and tracking system. The grievance status will remain OPEN. Where the complainant (s) are not satisfied with the resolution proposed by EDM Directors, he/she/they have the right to appeal to the Arbitration Committee. The Arbitration Committee will be composed of senior representatives:  EDM;  District Government authorities;  MSTC;  Community leader;  Representatives of the affected person’s community (at least one man and one woman, and Resettlement Plan – Final Report 143  Experts as needed and agreed. Upon receiving an appeal, EDM will convene the Arbitration Committee within 5 calendar days or another period agree with the complainant. The Arbitration Committee will analyse the case, request additional information if appropriate, and arrive at a decision within 10 days of being convened or another period agreed with the complainant. Decisions made by this forum will be final, in what regards the scope of this grievance management protocol. If the complainant(s) do not agree with the decision of the Arbitration Committee, he/she can escalate the issue to the judicial system. Information about their right of escalation, and the appropriate judicial channel and available WBG grievance redress mechanisms (GRS and IP) to direct their complaint, will be provided to the complainant. This level of escalation, however, is outside of the scope of this management protocol. The following figure illustrates the complaint management procedure. Figure 13-1 – Complaint Management Procedure Resettlement Plan – Final Report 144 13.9 Involved Parties and Accountability The community grievance and suggestion process will involve the following parties, with their accountabilities as follows:  Electricidade de Moçambique: EDM will be represented by the Community Relations Department, in coordination with the Environmental Department, SR Department and others as needed, who has responsibility to manage the protocol (internal and externally) including records, investigation, sign-off agreements and closing. Depending on the matter raised, another department head may be consulted to deal with the issue. EDM will also be responsible to make sure that contractors participate actively in the process by registering all grievances in the system and facilitating investigation and implementation of any construction related claims. EDM will also recruit a GRM/Community Officer to address grievance. Complains and suggestions EDM will report on all grievance in their Environmental and Social Report for the implementation of the project.  Affected communities: affected communities will be represented by the Resettlement Committee. The main responsibilities include complaint and suggestions reception, complaint investigation and provision of advice, when necessary.  Local government: The local government will be represented by the Chief of Locality who will have the primary role to witness the process and provide advice, when necessary. He will also be responsible to inform the District Government about the process, main decisions and agreements. GBV complaints will be referred to GBV focal point and to the referral pathway established in accordance with the GBV prevention and response action plan being developed for the project as part of the ESMP. Resettlement Plan – Final Report 145 14 Institutional Arrangements 14.1 Introduction A number of institutions are involved in the STE projects land acquisition, resettlement and compensation processes. EDM, however, as the Project proponent, bears overall responsibility for the entire implementation process as well as that of ensuring that all legal and regulatory requirements are adhered to and that all processes conform to the lenders (World Bank) safeguards. MITADER, the provincial and district authorities in all impacted areas are responsible for monitoring the implementation within their respective geographic area and enforcing EDM’s compliance with the approved RAP and its associated processes. These lines of accountability, responsibilities and arrangements are guided by the national legislation on resettlement. This chapter presents the institutions and entities participating in the implementation of the RAP and includes their roles and responsibilities. 14.2 Electricidade de Moçambique (EDM) As the proponent, EDM is responsible for the entire resettlement process and as such is the entity coordinating, managing and financing all aspects of resettlement including those related to the ancillary facilities. EDM is responsible, amongst other things, for the following key specific activities:  Procure all necessary goods and services related to the elaboration and implementation of the RAP including the contracting of consultancy services to elaborate the RAP and a reputable or a number of reputable civil society organisations to implement the livelihood restoration plan  Participate in all relevant public participation process activities;  Ensure processes adhere to and are respectful of social and cultural norms and practices of the affected communities;  Ensure that the World Bank’s social safeguards and the local legislative framework are adhered to and all necessary requirement applied;  Interact with government and local authorities to ensure that duly identified land is delivered to the affected people;  Participate, whenever convened, in meetings/sessions of the district monitoring and supervision technical committee (MSTC);  Coordinate with and facilitate the work of the monitoring committees and ensure compliance with any recommendations thereof;  Implement and manage a transparent and efficient suggestions and complaints resolution system (GMM);  Set up internal monitoring and evaluation systems for the resettlement process to ensure obligations, timeframe, objectives, outcomes and outputs are met;  Monitor and evaluate the performance of implementing partners managing relocation support, livelihoods restoration programme;  Sign and comply with legally binding compensation agreements with all PAP’s (individuals, HH’s and/or communities or public entities). Agreements will include all entitlements (including Resettlement Plan – Final Report 146 restoration/disturbance/relocation) and an updated inventory of all assets shall be annexed to agreements;  Ensure all entitlements are met. This includes the payment of all monetary compensation amounts, the organisation and implementation of ‘in-kind’ payments and the implementation of the livelihood restoration programme.  Require and enforce compliance of contractors with the RPF for ancillary facilities, monitor performance and report thereon to the WB. A Community Compensation Fund (CFF) will be set up and managed internally by EDM, as outline in the ESMP and will be used as a means to contribute to development initiatives within the Project area. Whilst the CCF is separate from the RAP, it is considered prudent that its projects and initiative are consistent/supportive with and not contradictory to the measures outlined in the RAP. It is, however, important to note that the RAP and its corresponding activities are distinct from the CCF and inputs to reach the objectives and outcomes of the RAP will not be drawn from the CCF. 14.2.1 Independent RAP consultant The independent consultant contracted by EDM is primarily responsible for the development and elaboration of the RAP in accordance with contract signed between consultant and EDM. The consultant is responsible for the following activities:  Develop and submit the final RAP, in accordance with the national legislation, and the WBG policies to EDM;  Conduct a census survey of all individuals, HH’s, communities and community and/or public infrastructure affected by the Project;  In conjunction with EDM, execute all necessary public participation processes, in a transparent and participative manner;  Lead the participative process through which the local communities, local leadership and district authorities identify adequate replacement land and, if necessary, host area(s) to accommodate PAP’s. 14.3 Ministry of Environment and Rural Development (MITADER) MITADER as the competent authority responsible for approval and verification of the EIA and the RAP, including the granting of an environmental license, oversees the resettlement process and ensures its conformity with the approved RAP through the MSTC in accordance with the Ministerial Decree No. 155/2014. 14.4 Monitoring and Supervision Technical Committee (MSTC) The MSTC is the entity set up to ensure and supervise the entire resettlement process and ensure that the rights and entitlements of the affected persons are observed. The MSTC is set up and structured in accordance with the Ministerial Decree No. 155/2014 and consists of two levels, one at provincial level and the second at district level. At the provincial level the committee is made up of 5 provincial directors (4 permanent and 1 dependent on the nature of the specific project). The district committee – accountable to the provincial committee – is a broad representative body consisting of 14 members, including representatives of the affected population, civil society, community leaders (from both affected Resettlement Plan – Final Report 147 community and host area) as well as the district authority.29 Effectively, in the Mozambican context, the district MSTC’s act as the mechanism through which communities, their representatives and civil society organisations, engage, influence and monitor the RAP implementation process. In addition, should community members have concerns with the ongoing processes, such concerns are forwarded to the provincial MSTC and MITADER for action. MSTC’s were set up in each district subsequent to the EIA and PSES having been provisionally approved (in accordance with the national regulatory framework) and the provisional licence granted. The MSTC are responsible for the following activities:  Review the RAP and make recommendations to district authorities related to approval of RAP;  Ensure EDM are compliant with the RAP;  Supervise the resettlement process and ensure that the rights and entitlements of those affected are observed;  Communicate with the competent authorities on any irregularities or illegal action detected during the resettlement process;  Receive complaints from affected persons and forward cases to the relevant competent authorities, where a resolution cannot be reached at local level, between EDM and the affected persons through the GMM, or should the affected person choose not to seek mediation through the GMM;  Prepare resettlement monitoring and evaluation reports, in accordance with GoM guideline and procedures (such reports should be shared with EDM, however, such sharing remains the prerogative of the MSTC);  Communicate and coordinate with EDM on issues of concern and specific areas to be addressed;  Intervene and monitor all stages during the resettlement process;  Ensure PAP’s and local population are aware of their rights and obligations with respect to the resettlement process;  Review the Public Consultation reports and provide opinion on resettlement issues. 14.5 Implementing partner EDM will procure the services of implementing partners, either civil society organisations or private sector companies, in order to provide relocation support to the PAP’s, implement the livelihoods restoration programme (as well as to implement the CCF). Implementing partners will be procured at district or provincial level, in coordination with the MSTC’s and the WB. The implementing partners are responsible for the following activities:  Provide relocation support to the PAP’s when required and as identified within the RAP;  Implement the livelihoods support programme in accordance with the stipulations and results, outcomes and outputs defined in the RAP;  Report to EDM on progress related to the livelihood’s restoration programme (and CCF). 29 For further details see section on legal framework Resettlement Plan – Final Report 148 15 Livelihoods Restoration Measures As noted earlier, land acquisition and resettlement, whether temporary or permanent, can result in the loss of income or livelihood (or the lowering of livelihood conditions/levels/status etc), by preventing/restricting an individual or households’ access to his/her/their productive assets and/or place of employment. Cash and/or ‘in kind’ compensation packages for lost assets, whilst fundamental, are by themselves often not sufficient to ensure that no adverse impacts on the livelihoods of those resettled occurs as a result of the project and the land acquisition. Projects of this nature, therefore, require additional measures in order to ensure that the livelihoods of affected individuals and households do not decline and to the extent possible are improved as a result of the processes of land acquisition and resettlement. The overall objective, therefore, of the livelihood’s restoration measures package is to ensure the restoration of PAP’s livelihoods to, at the very minimum, their pre-resettlement levels. In order to achieve this, specific measures which support the affected individuals and HH’s in order to restore livelihoods will be developed. Such measures will also be flexible and able to adapt and respond to changes and unforeseen/unanticipated results along the way. These additional measures shall be considered in conjunction with the PAP’s compensation and entitlement packages described in section (chapter 6) and given what is noted in the previous paragraph, shall consist of both supportive as well as corresponding monitoring measures. The livelihoods support package (transitional and livelihoods support) will be determined and defined in accordance with the critical issues and eligibility identified below. These measures will be based on the PAP priorities and given the objective of restoring PAPs livelihoods, these measures, as a whole, will possess a timeframe based on a reasonable estimate of the time required to restore PAP livelihoods to at least pre-resettlement levels (particularly agricultural production levels, income earning capacity and PAP’s perceptions on their standards of living and quality of life). Such measures will be phased in accordance with the Project schedule, will be continuously monitored and have inbuilt provisions to draw on the monitoring process and adapt to shortcomings and challenges. Given the geographic phasing, any livelihoods support measures developed subsequently (ie. for latter stages), will learn from those implemented during the earlier phases. 15.1 Eligibility All PAP’s will be eligible for livelihoods restoration, however, the measures will be targeted in a manner in which those who most need support in order to restore their livelihoods, will be able to access them. The primary considerations which will inform and guide the design and targeting of the livelihood restoration measures and any form of transitional support are:  Areas or districts with the highest number of affected individuals and/or HH’s (priority areas);  Individuals and HH’s with highest levels of impact – significantly impacted individuals and HH’s;  The nature and type of resettlement, whether physical or economic, whether temporary or permanent and/or whether urban (peri urban) or rural; and  Vulnerable individuals and/or households. Resettlement Plan – Final Report 149 15.2 Critical issues Community participation and public consultations During the field socio-economic survey, public consultations took place at district level in all districts with PAP’s, local leaders and district authorities (chapter 14). The most commonly reported primary concerns emanating from these sessions were, agricultural support, employment, infrastructure and particularly healthcare services and access to micro-finance and credit. In the more urban and peri- urban districts, such as those of Marracuene and Moamba, the above were accentuated with the need for capacity development and training. The livelihood measures identified in this section have been, in part, drawn from the community participation and best practice and have been tempered by what is considered feasible, practical and within the remit of what can be reasonably expected of the proponent. Priority areas or districts As was noted in chapter 4, a total of 898 HH’s will be affected by the process of land acquisition. 410 will be physically resettled whilst 359 will be economically resettled. Of those who will be economically resettled, 41 will be permanent whilst 318 will be temporary. The districts of Boane with the largest number of affected HH’s (230), and the districts of Moamba (173) and Marracuene (130) are considered priority area. Both as a result of the numbers but also given than they are peri-urban or urban areas and land is not as easily accessible as it is in the other districts. Nature of resettlement Households and/or businesses who/which will be physically resettled are considered as ‘significantly impacted households’ and will receive special attention in the follow up and livelihoods restoration packages. Vulnerable individuals and households Vulnerable individuals, households and/or groups are those who are considered likely to face additional barriers/challenges and/or burdens in order to restore their livelihoods to pre-resettlement levels. In this respect, those considered vulnerable exhibit one or more of the following characteristics:  Have a household member, who suffers from a chronic illness or illnesses, is disabled (either mental or physical);  Households who live below the poverty line, those who have limited and/or fluctuating income, suffer from (chronic) food insecurity;  Households headed by females, children and/or the elderly;  Households with limited or no social support networks, such as the elderly and those living alone);  Individuals and households who occupy and utilise land within the PPZ prior to cut-off date and who have no legally recognisable rights to land under national legislation. Such vulnerable households will be assessed, and targeted livelihoods restoration measures will be developed specifically aimed at reducing/lowering the additional barrier(s) and/or challenge(s) confronting such households which emanate from the above characteristics. Resettlement Plan – Final Report 150 15.3 Livelihoods Restoration Measures The livelihoods restoration measures as a whole have been divided into two broad packages, primarily distinguished from each other by the sequence or order to which they correspond to the resettlement process. In addition, they also differ in terms of their monitoring and nature in relation to developmental results chains. 15.3.1 Transitional or disturbance support Transitional or disturbance support refers to a package of measures designed to facilitate PAP’s and lessen the adverse impacts during the act of the actual resettlement30. These measures have a specific timeframe and commence immediately following the receipt of compensation by the PAP’s and terminate once land access – either through new or previous land – has been restored. As these measures are focused on delivery, their monitoring will be output based rather than outcome based. For households, the selection of the transitional support measures will primarily be based on the nature and type of resettlement (such as physical, economic, temporary or permanent). Types of transitional support31 will include, but not be limited to:  Adequate and reasonable accommodation and subsistence allowance – covering all costs and income – for those physically resettled (covering entire period from when HH’s vacate land to taking possession of new home);  Moving allowance – covering all costs for those physically resettled;  Assistance in formally registering all new DUAT’s for physically resettled PAP’s;  Disturbance allowance covering all costs to HH’s associated with relocation, including time etc (minimum compensation amount set at USD 100);  Cash compensation for temporary loss of business;  Cash compensation for land that cannot be accessed temporarily (eg agricultural land within the PPZ during construction phase);  Mechanisms to ensure that compensation is easily accessible to all those eligible, such as transport to banks and/or collection points;  Targeted provision of ‘food basket’ (cesta basica) to vulnerable PAPs should it be deemed necessary (based on the National Institute for Social Security’s cesta basica). 15.3.2 Livelihoods restoration measures Livelihoods restoration measures refer to measures that will be executed to ensure that the livelihoods of the PAP’s are restored to at least levels equal to or are improved from those encountered prior to the initiation of the resettlement process. As described above, these measures are distinctive from the compensation entitlements and, in fact transitional measures and are conceived as additional and supportive measures, developmental in nature, and whose outcomes and impacts may be monitored 30 Resettlement in this particular case refers to the period between when those physically resettled lose access to their land and when they are resettled on new land. In relation to those economically resettled it refers to the period between when they lose access to their land to when access is restored. 31 It is important to note that PAP’s will be entitles to all types of support to which the qualify, whether it implies one or more or all. Resettlement Plan – Final Report 151 over the medium term. Given the context and nature of this resettlement, these measures have been divided into three broad groups. The Livelihoods support measures will include, but are not limited, among other items: Agriculture-based livelihoods support:  All new agricultural land (machambas) will be cleared and prepared (including cultivation and fertilisation) in order to enable sowing prior to PAP’s taking ownership32;  Agricultural land (machambas) within the PPZ earmarked for temporary restrictions will be prepared (including cultivation and fertilisation) for sowing prior to PAP’s return33;  PAP’s will be assisted in developing small scale irrigation systems;  PAP’s will be provided with capacity building/training on improved agricultural production and crop varieties;  PAP’s will be provided with replacement two tree saplings per lost tree (trees of economic value) and periodic technical support and inputs in order to re-establish trees34;  PAP’s will be provided with improved seeds based on pre-resettlement seasonal crop production or crop of choice35;  PAP’s will be provided with training/capacity building on co-operatives, micro-credit and the benefits of pooling resources in order to enhance production36;  Facilities such as post-harvest grain storage and equipment such as animal traction implements may be provided to formalised co-operatives. Business and waged labour-based livelihoods support:  Capacity building, training and skills development in entrepreneurship and artisan skills37 will be provided to PAP’s who are self-employed or otherwise engaged within the informal commerce sector;  Basic training on business planning, micro-credit and financial management will be provided to PAP’s with businesses;  Where feasible PAP’s will be supported in accessing micro-credit. Employment and skills development support measures: 32 In certain cases, PAP’s may be paid in cash in order to prepare land. However, as the outcome (measurable) of this initiative is prepared land, this must be considered when assessing cash payments 33 In certain cases, PAP’s may be paid in cash in order to prepare land. However, as the outcome (measurable) of this initiative is prepared land, this must be considered when assessing cash payments 34 This will form part of the monitoring process up until tree has reached productive age. 35 This will be a once off input towards livelihoods restoration. 36 Should there be a sufficient number of PAP’s expressing interest in co-operatives, PAP’s will be assisted in formalising co-operatives. 37 Such training will be tailored to activities PAP’s are currently engaged in. Resettlement Plan – Final Report 152  Following land acquisition, the requisite remunerated plot clearing function will be offered to PAP’s38 and should they so wish, any cleared products (such as trees and shrubs etc, irrespective of whether or not they have been compensated39 for them), will be made available to respective PAP’s;  With regards all to permanent, temporary and/or seasonal employment40 related to the Project, preference will be given to individuals from the surrounding area and local communities.  PAP’s and particularly vulnerable PAP’s will, however, be prioritised within the recruitment process41;  PAP’s and particularly vulnerable PAP’s will be provided with capacity building, training and skills development in relation to temporary or regular (seasonal) Project needs. Specific targeted livelihoods restoration for vulnerable PAP’s  Vulnerable PAP’s will be provided will additional tilling and seed/sapling sowing support;  Will be supported with opening and in use of bank account;  Will be assisted in application, payment and collection of identity document (Bilhete de Identidade), should they not already have one;  For physically resettled, construction will be adapted to cater for needs and requirements for specific mental and/or physical disabilities within HH;  For economic resettlement, all construction will be adapted to reasonably facilitate physical disabilities within HH;  Support will be provided in setting up group saving schemes, such as xitiques;  Will be provided with additional capacity and trainings on basic literacy, numeracy and entrepreneurship;  Support will be provided in order to link chronically ill and their families to available health programmes and counselling services42;  Support will be provided in order to link and/or register with the INSS and ensure access to social benefits, should they be entitled. 38 Those who formally possessed land under question. 39 PAP’s will be compensated for all trees considered of economic value, however, there may be trees and shrubs herein considered to be of no economic value, which PAP’s can use for firewood and/or construction etc. 40 This includes recurrent or seasonal employment such as periodic clearing and maintenance of roads and other infrastructure etc. 41 This applies to all unskilled and to the extent possible semiskilled and other types of recruitment including the following employment and contract opportunities: clearing of the PPZ; porterage for movement of construction materials to transmission pylon development and other sites, construction of access roads and construction camps, reconstruction of community buildings and houses, provision of services and goods to the workers; administration of the compensation program, monitoring activities, etc. This will be guided by and managed through the Local Recruitment Plan, to be developed by EDM, as required in the ESMP. 42 Linkages to available local services, irrespective of whether public or civil society. Resettlement Plan – Final Report 153 15.4 Participation/consultation and disclosure In the case of this Project and the particular local context, there are two crucial issues which have been considered in relation to implementation of the livelihoods restoration measures and when finalising the specific restoration measures/programmes and/or projects:  The livelihoods restoration measures will be designed in an inclusive manner, taking into consideration the needs and livelihoods of the PAP’s and local communities. During the second socio-economic survey, PAP’s, in all districts were consulted (chapter 14) on the livelihood’s restoration measures. However, once the appropriate measures have been finalised, further consultations will take place with the PAP’s in order to assist in the identification of priorities and how best to implement the measures;  EDM will exercise transparency and ensure that PAP’s are clearly informed of the components and activities of both the transitional and livelihoods support measures, as well as how these can be accessed. 15.5 Means of delivery 15.5.1 Structure EDM’s environmental and social management unit (ESM) will oversee the procurement of a single or multiple (based on geographic region) implementing agencies to execute the livelihoods restoration measures in accordance with this RAP until completion of the audit (see chapter 16 Monitoring and Evaluation). EDM, as the proponent, will remain responsible for ensuring adherence to the RAP and full restoration of PAP’s livelihoods and as such will ensure that any remedial steps or action necessary will be undertaken. The capacity, experience and institutional track record of implementing agencies will be assessed by EDM during procurement. The institution(s) selected to implement and manage the restoration measures shall be experienced, possess sound knowledge of the local context ascribe (adhere) to a rights-based approach and possess the necessary capacity for delivery. 15.5.2 Approach Whilst livelihoods restoration measures shall be considered in conjunction with the compensation measures, they will be distinct and/or separate from the compensation measures themselves, for a number of reasons: Their delivery and monitoring methods will be different, and the livelihoods restoration activities shall commence subsequent to full compensation (in-kind and/or cash) having been provided. This logic is to ensure that the targeted livelihoods measures are identified and implemented to focus on the transitional period and thereafter and specifically that between the PAP’s having received full compensation for lost assets and having restored their livelihoods to at least pre-resettlement levels, The sequencing and timing of the livelihood’s restoration measures will be in line with that of the resettlement process as a whole and livelihoods measures will commence immediately following the finalisation and payment of the compensation packages to PAPs. The time lag or gap between PAP’s having received in-kind or cash compensation and the commencement will be kept to a minimum. As Resettlement Plan – Final Report 154 such, the livelihoods restoration measures will be managed in accordance with the three construction phases, commencing with the resettlement associated with the three new substations, of Vilanculos, Chibuto and Matalane. This will then be followed by the resettlement associated with the stretch of line connecting Vilanculos/Temane to Chibuto and finally the sections linking the Chibuto, Matalane and Maputo substations. Both the above-mentioned issues are dependent on high levels of coordination between EDM and the entity or entities selected to implement the livelihoods restoration measures and as such EDM will develop a detailed time frame and scheduling plan with respect to the expected timelines for the finalisation of compensation payments in accordance with the phases and per district. 15.6 Budget Livelihoods Restoration Measures Item Duration/frequency Cost 1. Public consultation and participation Consultation and participation 3 weeks will involve participatory consultation with PAP’s at district level in order to prioritise measures and define appropriate method for delivery and access to packages. One meeting per district including logistics, fees and all costs. Subtotal: Public consultation and participation 20 000.00 2.Transitional or disturbance measures Adequate and reasonable accommodation and 12 months subsistence allowance – covering all costs and For the duration of period from which home income – for those physically resettled (covering is vacated to date on which HH takes entire period from when HH’s vacate land to taking possession of fully completed new home. possession of new home). Moving allowance – covering all costs directly 12 months associated with the moving process for those One off compensation per HH physically resettled. Assistance in formally registering all new DUAT’s for 12 months physically resettled HH’s. Once off assistance to all physically resettled HH’s Resettlement Plan – Final Report 155 Item Duration/frequency Cost Disturbance allowance covering all costs to HH’s 12 months associated with relocation, including time etc One off compensation (minimum compensation amount set at USD 100). Cash compensation for temporary loss of business. 12 months For the duration of period from which business no longer operational to date on which it returns to full operational capacity (pre-resettlement). Cash compensation for land that cannot be 12 months accessed temporarily (eg agricultural land within the For the full duration during which land PPZ during construction phase). access is denied and up until access and condition is restored to pre resettlement condition. Mechanisms to ensure that compensation is easily 12 months accessible to all those eligible, such as transport to One off compensation. banks and/or collection points. Targeted provision of ‘food basket’ (cesta basica) to 12 months vulnerable PAPs should it be deemed necessary For the full duration of the transitional (based on the National Institute for Social Security’s period and up until food security is restored. cesta basica). Subtotal: Transitional or disturbance measures Included in budget (Chapter 17), Table 17.1 3. Livelihoods restoration measures 3.1 Agriculture-based livelihoods support All new agricultural land (machambas) will be 2 months cleared and prepared (including cultivation and Once off support per HH’s following the fertilisation) in order to enable sowing prior to PAP’s restoration of land access to new land taking ownership. parcel. Agricultural land (machambas) within the PPZ 2 months earmarked for temporary restrictions will be Once off following the restoration of land access to land parcel. Resettlement Plan – Final Report 156 Item Duration/frequency Cost prepared (including cultivation and fertilisation) for sowing prior to PAP’s return. PAP’s will be assisted in developing small scale 2 months irrigation systems. Once off support to all eligible HH’s with digging and dredging of rudimentary irrigation systems. PAP’s will be provided with capacity building/training 24 months on improved agricultural production and crop Targeted training with a minimum of 4 varieties. Topics will include but not be limited to; sessions per district without too much time  Land preparation and planting lapsing in between sessions and will  Improved technologies and inputs  Improved seeds and crop varieties include a follow up to assess further  Budgeting and marketing training and/or assistance. PAP’s will be provided with replacement two tree 14 months saplings per lost tree (trees of economic value) and One off compensation and weekly technical periodic technical support and inputs in order to re- support for a period of 4 months until establish trees. sapling has established itself. Thereafter technical support will be monthly or bi- monthly for an additional 12 months. PAP’s will be provided with improved seeds based 4 months on pre-resettlement seasonal crop production or One off compensation to HH’s immediately crop of choice. following land access restoration. PAP’s will be provided with training/capacity building 12 months on co-operatives, micro-credit and the benefits of 2 days training sessions per district pooling resources in order to enhance production. followed up every 2 months for a period of 8 months. HH’s should be encouraged to register cooperatives and be made aware of the benefits. Facilities such as post-harvest grain storage and 12 months equipment such as animal traction implements may Whenever such opportunities present be provided to formalised co-operatives. themselves. All cooperatives shall be eligible and such opportunities will remain available for at least one year following restoration of land access. Resettlement Plan – Final Report 157 Item Duration/frequency Cost Subtotal: Agriculture-based livelihoods support 800.000.00 3.2 Business and waged labour-based livelihoods support Capacity building, training and skills development in 14 months entrepreneurship and artisan skills will be provided Targeted training per district including to PAP’s who are self-employed or otherwise regular follow up for a period of 6 months engaged within the informal commerce sector. followed by intermittent follow up for a further 8 months. Basic training on business planning, micro-credit 14 months and financial management will be provided to PAP’s Targeted training per district including with businesses. regular follow up for a period of 6 months followed by intermittent follow up for a further 8 months. Where feasible PAP’s will be supported in accessing 14 months micro-credit. Support associated with the basic training (above) and closely monitored throughout the duration of project. Subtotal: Business and waged labour-based livelihoods support 200.000.00 3.3 Employment and skills development support measures. With regards all to permanent, temporary and/or Continuous – and on a needs basis and will seasonal employment related to the Project, run for the duration of the STE projects life. preference will be given to individuals from the surrounding area and local communities. PAP’s and particularly vulnerable PAP’s will, Continuous – and on a needs basis and will however, be prioritised within the recruitment run for the duration of the STE projects life. process. PAP’s and particularly vulnerable PAP’s will be Continuous – and on a needs basis and will provided with capacity building, training and skills run for the duration of the STE projects life. development in relation to temporary or regular (seasonal) Project needs. Subtotal: Employment and skills development support measures. 200.000.00 Resettlement Plan – Final Report 158 Item Duration/frequency Cost 3.4. Specific targeted livelihoods restoration for vulnerable PAP’s Vulnerable PAP’s will be provided will additional 6 months tilling and seed/sapling sowing support. PAP’s will be provided additional support during the 2-month period (aligned to 2- month support programme above – agricultural restoration), however will in addition also receive a further 4 months support to monitor new seedling/sapling progress. Will be supported with opening and in use of bank 12 months account. Once off support, however, project will be aligned to the scheduling of the transitional/disturbance measures. Will be assisted in application, payment and 12 months collection of identity document (Bilhete de Once off support, however, project will be Identidade), should they not already have one. aligned to the scheduling of the transitional/disturbance measures. For physically resettled, construction will be adapted 12 months to cater for needs and requirements for specific Once off support, however, project will be mental and/or physical disabilities within HH. aligned to the scheduling of the transitional/disturbance measures. For economic resettlement, all construction will be 12 months adapted to reasonably facilitate physical disabilities Once off support, however, project will be within HH. aligned to the scheduling of the transitional/disturbance measures. Support will be provided in setting up group saving 14 months schemes, such as xitiques. Targeted training per district including regular follow up for a period of 6 months followed by intermittent follow up for a further 8 months. Resettlement Plan – Final Report 159 Item Duration/frequency Cost Will be provided with additional capacity and 14 months trainings on basic literacy, numeracy and Targeted training per district including entrepreneurship. regular follow up for a period of 6 months followed by intermittent follow up for a further 8 months. Support will be provided in order to link chronically ill 12 months and their families to available health programmes Once off support following the restoration of and counselling services. land access or resettlement, however, will be intermittently followed up to ensure continuity. Support will be provided in order to link and/or 12 months register with the INSS and ensure access to social Once off support following the restoration of benefits, should they be entitled. land access or resettlement, however, will be intermittently followed up to ensure continuity. Subtotal: specific targeted livelihoods restoration for vulnerable PAP’s 280.000.00 Total: Livelihoods restoration measures 1.500.000.00 Resettlement Plan – Final Report 160 16 Monitoring and Evaluation 16.1 Introduction The Mozambican legislation sets clear guidelines in relation to the manner in which the monitoring and evaluation of RAP implementation should be performed. As noted earlier (see section on institutional arrangements), the Ministerial Decree No. 155/2014 sets provisions for a two-tiered monitoring process, consisting of a monitoring and supervision technical committee (MSTC) at both provincial and district levels, who report to the ministry of land, environment and rural development (MITADER). The MSTC’s primary role is to make recommendation to the RAP, supervise, monitor RAP outputs (focused primarily on compensation payments), receive and review complaints and communicate with the relevant authorities as well as those responsible for the implementation of the RAP (see section grievance section for further details). The key strength of the local provisions is that MSTC’s at district level includes representatives from the affected communities, civil society as well as community leaders, who are able to ensure that the RAP and its implementation are in function of the interests of the local communities as a whole. The IFC’s PS5, however, requires an additional level of monitoring, namely outcome level monitoring with respect to improved livelihood status, or at the very minimum no livelihood status change for the PAP’s. As such the local legislation places a heavier emphasis on community and/or societal well-being whilst the World Bank safeguards focus primarily on the individuals (PAP’s) well-being. The MSTC’s are legal requirement and have already been set up and are functioning as per the Ministerial Decree No. 155/2014. In order to comply with the World Bank safeguards, however, two additional and distinct – albeit related – types of monitoring and evaluation measure will be carried out, as described below. Monitoring and evaluation are considered crucial components of any land acquisition and involuntary resettlement process. In essence, M&E provides evidence utilised in order to assess performance and the adequacy of implementation measures and strategies in relation to achieving the desired outcomes and/or results. Crucially M&E is also utilised continuously as a means to feedback successes/failures/challenges into the implementation process in order to improve the likelihood of reaching the desired outcomes/results. For this resettlement, the monitoring and evaluation activities have been divided into the following two components:  Monitoring and evaluation of implementation process; and  Outcome level monitoring 16.2 Monitoring and evaluation of implementation process This type of monitoring and evaluation will focus primarily on inputs, activity and outputs to be measured during the implementation of the RAP. In this context, inputs are considered to be resources, goods and services that contribute to achieving outputs required by the RAP and which should ultimately lead to reaching the desired outcomes or results vis-à-vis the restoration of livelihoods. Input monitoring is an internal process and managed according to a time schedule and is an integral part of the overall management of the RAP implementation project. Its essential function is to ensure that all necessary components of the RAP – to which other components/elements are dependent on – are timeously and Resettlement Plan – Final Report 161 reasonably achieved. Input monitoring is crucial as delays and/or failures to procurement or allocation of resources or an activity, for example, can result, not only in significant risks to the successful implementation of the RAP, but also to the wellbeing and livelihoods of the PAP’s. Output and activity monitoring and evaluation will focus on the RAP implementation itself, and measurables which are a direct result of the inputs. These measurables are considered essential to the RAP but do not necessarily enable the measurement or assessment of outcome and/or results. The number of PAP’s having been compensated, the number of PAP’s in receipt of livelihoods support programmes and the number of grievances registered are all examples of output measures. The continuous and systematic monitoring and evaluation of implementation inputs and outputs enables shortcomings and challenges to be detected at a relatively early stage so as to enable remedial and corrective action to be employed. Given that, as mentioned in the previous chapter (livelihoods restoration), the transitional support packages shall commence immediately subsequent to receipt of compensation and that restorative measures shall commence immediately after land access (new or old) has been restored, any shortcomings or failure along the chain will have knock-on and compounding effects, should they not be remedied timeously. This monitoring and evaluation activity is, primarily an internal function/tool and will be carried out by EDM’s environmental and social management unit (ESM). EDM have identified the following indicators as means to monitor and evaluate inputs and outputs. These indicators may, however, be amended in accordance with the RAP implementation process, reflective any changes to the context. Table 16-1 - Input and output indicators and monitoring Indicator MoV Frequency Inputs Key expenditure items: including staff, Financial records and internal Quarterly and necessary equipment required for reporting RAP Resources allocated toward RAP Financial records and RAP Quarterly activities expenditure statements Necessary implementing partners Procurement records/details and Quarterly contracted signed contracts Full RAP implementation schedule and Schedules and budgets Quarterly budget execution Outputs/Activities Stakeholder engagement (including Summary of minutes and attached Quarterly meetings with the MSTC) and minutes numbers of organised (required) public meetings Number of HH’s who have received full EDM’s compensation database and Monthly monetary compensation for lost assets financial records (land, homes/structures and/or trees and crops) Number of HH’s who are in receipt of EDM’s compensation database and Monthly replacement land management records Resettlement Plan – Final Report 162 Indicator MoV Frequency Number of HH’s who are in receipt of EDM’s compensation database and Monthly full complement of new auxiliary management records structures (replacement for impacted structures). Number of new houses constructed EDM’s compensation database and Monthly management records Number of physically resettled HH’s in EDM’s compensation database and Monthly receipt of new home and land management records Number of HHs in receipt of signed EDM’s compensation database and Monthly contracts with EDM defining land use management records rights within PPZ Number of HH’s remaining in the EDM’s compensation database and Monthly resettlement area management records Number of DUAT’s registered EDM’s compensation database and Monthly management records Livelihoods restoration measures Number of Livelihoods restoration EDM’s compensation database and Monthly activities established and being management records implemented Number of HH’s participating in EDM’s compensation database and Monthly livelihoods restoration programmes management records Number of HH’s receiving for EDM’s compensation database and Monthly transitional or disturbance support management records Grievances (land acquisition, resettlement and livelihoods restoration only) Number of grievances received Grievance database Monthly Number of grievances formally Grievance database Monthly opened, and number resolved Average time taken to resolve Grievance database Monthly grievances 16.3 Outcome level monitoring This form of monitoring focuses on the impacts of the RAP implementation, and particularly, although no exclusively, in relation to the livelihood’s status of the PAP’s and affected households. It is by its very nature somewhat more subjective and is primarily based on qualitative data gathering and assessment. Its primary rational is to assess the restoration of livelihoods and living standards of the affected HH’s through a comparison with the baseline survey conducted pre-resettlement. Restoration and normalisation of PAP livelihoods is not immediate and may take a number of years, depending on the context and the socio-economic character or nature of the PAP’s. In this context of generalised poverty, high levels of vulnerability and food insecurity, it is anticipated that it may take between 3 to 5 years, possibly even longer, to achieve what may be considered a context of socio- economic stability and the restoration of pre-resettlement livelihoods. Given the context, it is anticipated Resettlement Plan – Final Report 163 that there will be some rapid changes during the first 6 to 12 months immediately following resettlement and/or receipt of compensation. However, once the ‘windfalls’ of the resettlement process are exhausted, a decline in livelihoods may be experienced. As such, this initial period is considered critical in relation to targeted additional developmental initiatives which may contribute to higher levels of investment in HH stability and future wealth generation. The subsequent period may require less active attention, however, it will be important to have systems and procedures in place to ensure that the objectives of the RAP are achieved. EDM have identified the following indicators as means to qualitatively monitor changes in the livelihoods of affected HH’s. Two caveats on the indicators are worth noting; that they are subject to change as the project progresses and that those identified under the ‘livelihoods restoration measures’ may not be entirely attributable to the resettlement process, however, are they considered recognisable and valuable measure to assess improvements in livelihoods. Table 16-2 - Outcome indicators and monitoring Indicator MoV Frequency Outcomes Compensation Number or percentage of HH’s who PAP household survey Annually have invested at least 50% of compensation entitlements to improve livelihoods More HH’s with homes built from PAP household survey Annually conventional materials as a percentage Increased number of HH’s with PAP household survey Annually registered DUAT’s as a percentage Decreased HH time spent on daily PAP household survey Annually necessities (accessing markets, fetching water and firewood, travelling to school and subsistence agriculture) as a percentage Increased utilisation of basic and PAP household survey Annually improved sanitation as a percentage Livelihoods restoration measures Increased HH overall income PAP household survey Annually Increased diversity in HH occupation PAP household survey Annually Increased HH school attendance PAP household survey Annually Improved HH agricultural production PAP household survey Annually (crop yield) Increased HH crop diversity PAP household survey Annually Increased capacity and knowledge in PAP household survey Annually entrepreneurship and basic skills Increased number of functional PAP household survey Annually cooperatives Resettlement Plan – Final Report 164 Indicator MoV Frequency Improved access to micro credit PAP household survey Annually Increased access to social and public PAP household survey Annually services (health, education, water, transport and social security), particularly for vulnerable HH’s Increased utilisation of saving PAP household survey Annually schemes, such as xitiques 16.4 Audits All annual as well as completion audits will be undertaken by an independent third party, with experience in resettlement. The objectives of the audits are to assess:  The entire RAP implementation process to date, specifically in relation to its adherence to the RAP and the World Bank safeguards;  Assess progress against planned activities and outputs;  Impacts of resettlement efforts, remunerations and development support regarding PAP socioeconomic situation, as compared to pre-resettlement;  RAP effectiveness in the identification and assistance to vulnerable or “at risk” groups;  Responsiveness to complaints and suggestions raised by stakeholders during the RAP implementation;  The transparency, participation and accountability of EDM in relation to the dissemination of pertinent information relating to the RAP implementation;  Identification of gaps and recommend corrective measures or remedial action, specifically in relation to the livelihood’s restoration measures. The annual audits will be performed for a period of at least four years, with the first commencing twelve months after the initiation of the RAP Implementation. Depending on the outcomes of the annual audits, a date will be set for the completion audit, which should occur at 18 and 36 months after completion of the livelihood’s restoration measures. Resettlement Plan – Final Report 165 17 Compensation Packages and Estimated Resettlement Budget The compensation packages were designed to ensure that the resettlement promotes socio-economic development and guarantees that the affected population acquire better living standards, social equity, social cohesion and direct benefits from the proposed Project, taking into account the sustainability of physical, environmental, social and economic aspects. This chapter presents an estimated budget, which aims to give an indication of the costs of resettlement, in all its phases. 17.1 Compensation for the Loss of Housing and Auxiliary Structures According to the census conducted in 2019 this RAP, within the Project PPZ there were an estimated 410 HH that will have to be relocated (i.e., that have their main dwelling within the Project PPZ). As previously discussed, the compensation for loss of houses will be divided into two different categories: houses larger than 70 m2 and houses smaller than 70 m2. 17.1.1 Compensation for Houses Smaller than 70m2 Of the 410 affected HH, 299 HH have a main house smaller than 70m2 and 214 of this houses urban environment and 85 are in a rural environment. Due to the fact the project impacts urban and rural households, two house designs were elaborated to accommodate both impacted household. As explained in chapter 8, the urban house has the toilet and kitchen inside the house, where the rural house has it outside. The resettlement will also provide each affected family with a land use right title (DUAT) for the housing plot and property title for the infrastructures. This will be done for all affected households, not differentiating if the affected infra-structure is built with precarious or conventional materials. The estimated price to obtain the DUAT, considered in this budget, constitutes the average price for obtaining a DUAT according to the District Directory of Geography and Cadaster of Boane. The following table presents the estimated budget for the compensation of the loss of housing smaller than 70m2 and auxiliary infrastructure, as part of the compensation package. The price presented constitutes the estimated cost for construction of a house with the required specifications in Maputo province. Resettlement Plan – Final Report 166 Table 17-1 – Estimated budget for compensation for the loss of housing smaller than 70 m2 Compensation Package Total Cost (USD) Housing description Number Unit Cost (USD) Urban House 214 63 450,00 13 578 300,00 Rural House 85 53 950,00 4 585 750,00 Outside toilet 85 5 350,00 454 750,00 Outside kitchen 85 3 450,00 293 250,00 Land use title (DUAT) 299 300,00 89 700,00 Disturbance allowance 299 300,00 89 700,00 Transport Allowance 299 300,00 89 700,00 Food Basket for 299 300,00 89 700,00 Sub Total 19 270 850,00 17.1.2 Compensation for Houses Larger than 70m2 During the field work, a total of 111 HH with a main house larger than 70 m2 were identified. The total built area, considering all 111 houses, is 17 966 m2, which gives an average of 162 m2 per main house. The resettlement will also provide each affected family with a DUAT for the housing plot and property title for the infrastructures and disturbance allowance and a transport allowance. The following table presents the estimated budget for the compensation of the loss of housing larger than 70 m2, including one auxiliary infrastructure. The price presented constitutes an estimated cost for construction of a luxury house per m2 in Maputo Province. Table 17-2 – Estimated budget for compensation for the loss of housing larger than 70 m2 Average Estimated size of Construction Total Cost Item Number houses Price per m2 (USD) (m2) or unit (USD) Main House 111 162 600,00 10 789 200,00 Auxiliary 111 15 600,00 999 000,00 Structure Land Title 111 n/a 300,00 33 300,00 Disturbance 111 300,00 33 300,00 allowance Transport 111 300,00 33 300,00 Allowance Food Basket for 111 300,00 33 300,00 Sub-Total 11 921 400,00 17.2 Compensation for Houses under Construction During the fieldwork, a total of 103 future houses that are currently under construction were identified. During the fieldwork, the consultants tried to contact the owners of these future houses, but it was not possible to locate the proprietors as the local leadership did not know where they reside and did not Resettlement Plan – Final Report 167 have their contact numbers. Most of the local leaders stated that the owners of the houses under construction only visit the area periodically, to check on the construction. Although the owners of the houses were not located, the field team registered, measured and took photos of the houses under construction, which allowed for an evaluation of a sample of 50% of the houses under construction. The resettlement will also provide each affected family with a land title (DUAT) for the housing plot and property title for the infrastructures and a disturbance rate. The table below presents the estimated compensation price for the houses under construction. Table 17-3 – Estimated budget for compensation for houses under construction Average cost for houses under Total Cost in Item Number construction USD Houses 103 20 000,00 2 060 000,00 Land title 103 300,00 30 900,00 Disturbance Allowance 103 300,00 30 900,00 Sub Total 2 121 800,00 It is important to note that a revaluation of these constructions will need to be done at the time of the resettlement. 17.3 Compensation for the Loss of Crops As mentioned above, people will be allowed to cultivate crops within the PPZ after the construction phase. Therefore, the loss of agricultural land can be considered as temporary or of limited in scope. As mentioned earlier, any activities within the PPZ requires special permission and therefore this permission will need to be sought and a contract between users and EDM will need to be developed, stipulating the rights and responsibilities of each party clearly. During the field work, a total of 348 agricultural fields were identified totalling an area of 208 Ha, which gives an average of 0.6 ha per machamba. The most common crop cultivated in the affected machambas are Cassava, followed by beans and peanuts. In order to develop a compensation price of lost crops, the market price of the most common crop was considered in relation to the average yield per Ha of this crop. The market price was taken from the weekly agricultural bulletin published by Ministry of Agriculture which presents the price of crops in the principle markets in Mozambique and is herein utilised as a means to construct the estimate (see annex 4). It is important to note, however, that when resettlement takes place, these will be validated against current market value (FRC) and whichever is higher will be the basis for compensation levels. According to the agricultural new paper of the weeks of the 5th of April 2019, the best market price for cassava was in Maputo province, with a price of 22 meticais a kg. According to FAO, the average yield of cassava per hectare in Mozambique is of 8 tons. A disturbance allowance was included in the compensation, which will allow the affected farmer to plough his land after the construction of the transmission line. The table below shows the estimated compensation for the loss of crops Resettlement Plan – Final Report 168 Table 17-4 – Estimated compensation for loss of crops Crop Total Number of Ha Yield Per Ha Price per Kg Total Cassava 208 8000 0,35 581 079,37 Type Total Number of Farmers Unit Price Total Disturbance 348 150 52 200,00 Total 633 279,37 In order to reduce the impact of the resettlement, it is recommended that the construction phase will take place during the fallow season, therefore avoiding the need for crop compensation. Any permanent loss of land, as a result of access roads, towers or other permanent structures will be compensated for in accordance with the details above. 17.4 Compensation for the Loss of Trees with Economic Value In the field survey carried out in 2019 the consultants identified 5 227 fruit trees within the Project PPZ. These trees were located either within the house plot or the machamba of the affected HH. The determination of compensation costs for the loss of fruit trees was based on the market price of the sale of the fruit in Maputo Market, the average production of the fruit tree and maturity time. Conservatively, it was considered that all trees are at their best productive age. The following table presents the estimated budget to compensate the loss of fruit trees. It is important to note that when resettlement takes place, these values will be validated against current market value (FRC) and whichever is higher will be the basis for compensation levels. Table 17-5 – Estimated budget for the compensation of loss of fruit trees Total Number Peak Years to Cost per Total cost Type of tree of Affected Production in Price per KG Mature tree in USD trees KG Mango 973 4 25 1,59 158,73 154 444,44 Paw Paw 315 2 20 1,59 63,49 20 000,00 Avocado 159 2 25 1,59 79,37 12 619,05 Lemon 334 3 40 0,79 95,24 31 809,52 Orange 268 3 35 0,79 83,33 22 333,33 Banana 252 1 20 0,79 15,87 4 000,00 Sugar Cane 47 1 1 0,16 0,16 7,46 Indian Jub Jub 4 1 5 0,16 0,79 3,17 Pineapple 10 1 1* 0,52 0,52 5,24 Blackberry 6 2 5 0,79 7,94 47,62 Jambalão 6 1 45 0,79 35,71 214,29 Massala 358 2 20 0,79 31,75 11 365,08 Ateira 60 3 10 1,59 47,62 2 857,14 Resettlement Plan – Final Report 169 Total Number Peak Years to Cost per Total cost Type of tree of Affected Production in Price per KG Mature tree in USD trees KG Cashew 1575 5 30 1,59 238,10 375 000,00 Canhueiro 203 2 50 0,79 79,37 16 111,11 Coconut 25 8 80* 0,16 101,59 2 539,68 Guava 8 3 20 1,59 95,24 761,90 Litchies 1 5 30 1,59 238,10 238,10 Mafureira 599 4 15 0,79 47,62 28 523,81 Passion Fruit 3 3 10 1,59 47,62 142,86 Tangerine 18 3 35 1,19 125,00 2 250,00 Total 685 273,81 * Unit In addition to monetary compensation, presented in the table above, each affected family will receive two fruit tree seedlings for each lost tree, of the same species that were lost. The cost of the tree seedling is included in the livelihood restoration budget. 17.5 Compensation for loss of business According to the survey 11 business will be affected by the line. All 11 businesses have been identified as micro/small businesses consisting of small stalls selling products or cement block production. According to the field survey the average income of the business if of 520 USD a month. In order to calculate compensation for the loss of business, it was taking in consideration the loss of income during the resettlement/transitional period (6 months). During the field survey it was observed that the infrastructure of this business are of a small size and built with precarious material. Therefore it was estimated a cost of 10 000.00 USD per infrastructure The table below shows the estimated compensation for loss of business Table 17-6 – Estimated compensation cost for loss of business Transitional Type Number Average monthly income Period total in USD Business 11 520,00 6 34 320,00 Replacement infrastructure 11 10 000,00 110 000,00 Total 144 320,00 17.6 Compensation for the Loss of Cemeteries and Places of Worship According to the archaeological survey conducted in 2019, Project activities will have a direct impact on a total of 14 cemeteries and nine places of worship. Resettlement Plan – Final Report 170 17.6.1 Places of Worship During the archaeological survey, nine places of worship were identified in the PPZ of the Project. According to the defined compensation methodology, regardless of size, typology and the building material of current structure, a new place of worship will be built in the host resettlement area, with conventional materials. It was assumed that the cost to build the place of worship will be the same as for the 70m2 houses. The resettlement will also provide each place of worship with a DUAT for the plot and property title for the infrastructures. The table below presents the estimated compensation price for the loss of places of worship. Table 17-7 – Estimated budget for the compensation for the loss of places of worship Unit Price Total Cost Item Quantity (USD) (USD) Construction of places of 53 950,00 9 485 550,00 worship Land use title (DUAT) 300,00 9 2 700,00 Total 488 250,00 17.6.2 Cemeteries According to the archaeological survey there are 14 cemeteries in the Project PPZ. It is recommended that, it at all possible, these cemeteries are avoided during the construction phase, therefore avoiding the need to relocate the graves. For the purpose of this exercise, it was assumed that avoidance is not possible and that the graves in the cemeteries will have to be relocated. The estimated price for the exhumation and transfer of the graves were sourced from an expert company that provides these services. The table below shows the estimated budget for the relocation of cemeteries. Table 17-8 – Estimated budget for the relocation of cemeteries Unit Price Item Quantity Total Cost (USD) (USD) Exhumation and transfer of remains 20 000,00 14 280 000,00 Total 280 000,00 17.7 Compensation for the Loss of Social Infrastructure During the fieldwork, three boreholes were identified within the PPZ. It is recommended that these boreholes do not get relocated during the construction phase of the Project. If not possible, three new boreholes will have to be constructed close to where they currently are. The price presented below is the cost of construction of a borehole in the Southern region of Mozambique presented by a specialized Resettlement Plan – Final Report 171 company that provides these services. The table below shows an estimated price for the construction of three boreholes. Table 17-9 – Estimated budget for the compensation for the loss of boreholes Item Unit Price (USD) Quantity Total Cost (USD) Borehole 15,000.00 3 45,000.00 Total 45,000.00 17.8 Estimated Resettlement Budget Based on the above, the table below summarizes the total estimated budget for the elaboration and implementation of the final RAP. It is important to note that this budget is a mere estimation of the cost of the future steps for the resettlement. Table 17-10 – Budget Estimate for the Implementation of the RAP Item TOTAL (USD) COMPENSATION COSTS Housing infrastructures smaller than 70 m2 16 701 800,00 Housing infra-structures larger than 70 m2 11 921 400,00 Compensation for houses under construction 2 121 800,00 Compensation for loss of crops 633 279,37 Compensation for loss of fruit trees and tree seedlings 685 273,81 Compensation for loss of places of worship 488 250,00 Compensation for exhumation and transfer of graves 280 000,00 Compensation for loss of Social Infra-structure (boreholes) 45 000,00 Compensation for business losses 144 320,00 SUB-TOTAL COMPENSATION COSTS 33 021 123,17 OTHER COSTS Consultant to Implement the RAP document 400 000,00 Livelihood restoration Plan 1 500 000,00 Support to Vulnerable PAP 100 000,00 Monitoring and Audit of RAP Implementation 100 000,00 SUB-TOTAL OTHER COSTS 2 100 000,00 TOTAL 35 121 123,17 Contingencies (10% of Total) 3 512 112,32 Total (excluding VAT) 38 633 235,49 The total estimated cost for the elaboration and implementation of the final RAP is of 38,633,235.49 US Dollars, which is equivalent to roughly 6% of the total cost of the Project. Resettlement Plan – Final Report 172 18 Resettlement Implementation timeline Resettlement Plan – Final Report 173 Resettlement Plan – Final Report 174 19 Disclosure The RAP will be cleared by the World Bank and disclosed locally (also translated to Portuguese), and disclosed on the World Bank’s website. The RAP will also undergo further disclosure and approval by Mozambican authorities as required by Mozambican Law. All substantial RAP changes and updates will be similarly cleared and disclosed. Resettlement Plan – Final Report 175 20 References Deloitte (2016). Mozambique’s Economic Outlook: Governance challenges holding back economic potential. DFID (2017). Mozambique Profile 2017. GoM (2014). Estrategia Nacional De Desenvolvimento 2015 – 2035. Government of Mozambique. GoM (2018) Inquérito de Indicadores de Imunização, Malária e HIV/SIDA (DHS). Government of Mozambique. GoM (2016). 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