ELECTRICIDADE DE MOÇAMBIQUE, EP · MOZAMBIQUE – MALAWI INTERCONNECTION SUBMITTED BY: IMPACTO Lda...

MOZAMBIQUE – MALAWI INTERCONNECTION

SUBMITTED BY:IMPACTO Lda Av Martires da Machava, 968Maputo Mozambique

ELECTRICIDADE DE MOÇAMBIQUE, EP

9 JANUARY 2007

RP518 v 2

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Electricidade de Moçambique, E.P. (EDM) Proposed Matambo to Phombeya 220 kV Transmission Line Matambo to Zóbuè Section (Mozambique) 9 January 2007 Resettlement Policy Framework

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TABLE OF CONTENTS

ABBREVIATIONS AND ACRONYMS ......................................................................................... IV

SUMMARY .................................................................................................................................... V

1 INTRODUCTION ............................................................................................................................1 1.1 BACKGROUND ..............................................................................................................................1 1.2 RESETTLEMENT PLANNING REQUIREMENTS AND OBJECTIVES .........................................5

1.2.1 The World Bank and involuntary resettlement....................................................................5 1.2.2 Previous resettlement planning activities............................................................................6 1.2.3 Role and objectives of the resettlement policy framework .................................................7

1.3 METHODOLOGY AND INFORMATION SOURCES......................................................................8

2 PROJECT DESCRIPTION AND COMPONENTS LEADING TO POTENTIAL DISPLACEMENT........................................................................................................................................................9

2.1 LOCATION OF THE PROJECT .....................................................................................................9 2.2 BRIEF DESCRIPTION OF THE PROJECT ...................................................................................9

2.2.1 Right of way ........................................................................................................................9 2.2.2 Vegetation clearing .............................................................................................................9 2.2.3 Access tracks and approach roads...................................................................................13 2.2.4 Construction camps ..........................................................................................................13 2.2.5 Transmission line ..............................................................................................................13 2.2.6 Substations .......................................................................................................................13

2.3 PROJECT COMPONENTS LEADING TO POTENTIAL DISPLACEMENT AND MINIMISING DISPLACEMENT..........................................................................................................................13

3 PRINCIPLES AND OBJECTIVES GOVERNING RESETTLEMENT PLANNING AND IMPLEMENTATION .....................................................................................................................16

3.1 OBJECTIVES ...............................................................................................................................16 3.2 PRINCIPLES ................................................................................................................................16

4 PROCESS FOR PREPARING AND APPROVING RESETTLEMENT ACTION PLANS ...........18 4.1 NUMBER OF RESETTLEMENT ACTION PLANS.......................................................................18 4.2 ORGANISATIONAL RESPONSIBILITIES FOR RESETTLEMENT PLANNING .........................19 4.3 RESETTLEMENT PLANNING ACTIVITIES.................................................................................19 4.4 REVIEW, APPROVAL AND DISCLOSURE OF THE RESETTLEMENT ACTION PLAN............22 4.5 INDICATIVE SCHEDULE FOR PREPARATION OF THE RESETTLEMENT ACTION PLANS .23

5 THE AFFECTED POPULATION AND EXPECTED DISPLACEMENT.......................................25 5.1 GENERAL SOCIO-ECONOMIC PROFILE OF THE PROJECT AREA .......................................25

5.1.1 Population and population densities .................................................................................25 5.1.2 Ethnicity and language......................................................................................................26 5.1.3 Houses and structures ......................................................................................................26 5.1.4 Health................................................................................................................................26 5.1.5 Education ..........................................................................................................................27 5.1.6 Land use and economic activities of the population .........................................................29

5.2 SPECIFIC SOCIO-ECONOMIC CHARACTERISTICS OF THE AFFECTED PEOPLE ..............33 5.3 EXPECTED LOSSES ...................................................................................................................33

5.3.1 Residential land ................................................................................................................33 5.3.2 Privately owned infrastructure and assets ........................................................................33 5.3.3 Cultivated land ..................................................................................................................34 5.3.4 Annual crops .....................................................................................................................35 5.3.5 Fruit trees ..........................................................................................................................38 5.3.6 Business opportunity.........................................................................................................38

5.4 CATEGORIES AND NUMBERS OF AFFECTED PEOPLE.........................................................38

6 LEGAL, INSTITUTIONAL AND ADMINISTRATIVE FRAMEWORK ..........................................40 6.1 LEGAL FRAMEWORK .................................................................................................................40

6.1.1 Rights to use and benefit from land ..................................................................................40 6.1.2 Transfer of land and improvements ..................................................................................41 6.1.3 Loss of land rights.............................................................................................................41


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6.1.4 Compensation for losses ..................................................................................................41 6.1.5 Partial protection zones ....................................................................................................42

6.2 INSTITUTIONAL AND ADMINISTRATIVE FRAMEWORK..........................................................42 6.2.1 Electricidade de Moçambique, E.P. ..................................................................................42 6.2.2 Local government .............................................................................................................43 6.2.3 Ministry of Agriculture .......................................................................................................43

7 ELIGIBILITY FOR BENEFITS......................................................................................................44

8 RELOCATION, COMPENSATION AND RESTORATION MEASURES.....................................45 8.1 ENTITLEMENTS ..........................................................................................................................45

8.1.1 Land currently being used or occupied.............................................................................45 8.1.2 Privately owned infrastructure...........................................................................................45 8.1.3 Community infrastructure..................................................................................................48 8.1.4 Annual crops .....................................................................................................................48 8.1.5 Fruit trees ..........................................................................................................................48 8.1.6 Business opportunity.........................................................................................................48 8.1.7 Other measures ................................................................................................................48 8.1.8 Damage caused during reconstruction work ....................................................................49 8.1.9 Assistance to vulnerable people .......................................................................................49 8.1.10 Social impacts of resettlement ..........................................................................................49

8.2 VALUATION OF AFFECTED ASSETS ........................................................................................50 8.2.1 Privately owned infrastructure...........................................................................................50 8.2.2 Land clearing.....................................................................................................................50 8.2.3 Fruit trees and annual crops .............................................................................................50 8.2.4 Other measures ................................................................................................................50

9 IMPLEMENTATION AND DELIVERY OF ENTITLEMENTS.......................................................52 9.1 INSTITUTIONAL ARRANGEMENTS ...........................................................................................52 9.2 FINAL AGREEMENT ON ENTITLEMENTS.................................................................................52

9.2.1 Detailed determination of entitlements .............................................................................52 9.2.2 Entitlement agreement contracts ......................................................................................52

9.3 REPLACEMENT LAND AND RELOCATION...............................................................................54 9.3.1 Selection and allocation of replacement land ...................................................................54 9.3.2 Land planning and preparation .........................................................................................54 9.3.3 Replacement infrastructure...............................................................................................54 9.3.4 Relocation to replacement land ........................................................................................54

9.4 COMPENSATION.........................................................................................................................54 9.4.1 Payment of compensation ................................................................................................54 9.4.2 Compensation for unforeseen displacement and damage ...............................................55

9.5 CONFIRMATION OF RECEIPT OF ENTITLEMENTS.................................................................55 9.6 PROGRESS MONITORING AND REPORTING..........................................................................55 9.7 TIME SCHEDULE.........................................................................................................................55

10 COMMUNITY PARTICIPATION AND GRIEVANCE PROCEDURES.........................................56 10.1 COMMUNITY PARTICIPATION...................................................................................................56 10.2 GRIEVANCE MECHANISMS AND PROCEDURES....................................................................56

11 MONITORING AND EVALUATION .............................................................................................57

12 ESTIMATED COSTS....................................................................................................................58

LIST OF TABLES Table 1 Summary of project components causing displacement ....................................15 Table 2 Suggested organisation units for resettlement action plan preparation..............21 Table 3 Summary of activities and responsibilities for resettlement action plan

preparation........................................................................................................23 Table 4 Administrative divisions and settlements through which the transmission line will

pass ..................................................................................................................25


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Table 5 Entitlement matrix .............................................................................................47 Table 6 Estimated costs for preparing and implementing resettlement action plans.......58

LIST OF FIGURES Figure 1 Proposed location of the 220 kV transmission line in Tete Province, Mozambique

............................................................................................................................4 Figure 2 Location of main settlements along the proposed transmission line (April 2005)12 Figure 3 Possible organisational structure and linkages for resettlement action plan

preparation........................................................................................................22 Figure 4 Indicative schedule for preparation of a detailed resettlement action plan for one

segment ............................................................................................................24 Figure 5 Photographs of typical affected structures.........................................................36

APPENDICES APPENDIX 1 METHODOLOGY USED FOR THE PREPARATION OF A DRAFT

RESETTLEMENT ACTION PLAN IN JULY 2005 APPENDIX 2 SUGGESTED STRUCTURE OF THE DRAFT RESETTLEMENT ACTION

PLAN


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ABBREVIATIONS AND ACRONYMS DP Displaced person DRC Dispute Resolution Team EIA Environmental impact assessment EDM Electricidade de Moçambique, E.P. GIS Geographic information system GPS Geographical positioning system GOM Government of Mozambique HIV/AIDS Human immune virus/acquired immuno deficiency syndrome LAT Land Acquisition Team MICOA Ministry for the Co-ordination of Environmental Affairs MINAG Ministry of Agriculture NGO Non-governmental organisation OP Operational Policy PAP Project affected person PPZ Partial protection zone RAP Resettlement action plan RC Resettlement Contractor RPF Resettlement Policy Framework ROW Right of way RSC Resettlement Steering Committee SC Segment Committee SIT Social Issues Team SPGC Provincial Services of Geography and Cadastre WB World Bank


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SUMMARY Together with the Electricity Supply Corporation of Malawi, Electricidade de Moçambique,E.P. (EDM) is investigating the feasibility of constructing a 220 kV interconnector transmission line between Matambo, near Tete in central Mozambique, and Phombeya, near Blantyre in Malawi. The Mozambique section of the transmission line will be 126 km long and will be routed through Tete province from Matambo substation, south west of Tete city, to the Malawi border, 14 km south of the border town of Zóbuè. EDM is seeking assistance from the World Bank (WB) to construct the line. Preliminary technical and environmental studies were undertaken in 2003 and 2004 to determine the optimal route for the transmission line in terms of technical feasibility, impact on the natural environment and minimising interference with human settlements and activities. The proposed transmission line will start at Matambo substation in the northern part of Changara district. It will then pass through a short section of the eastern (rural) part of Tete city (municipality) before crossing the Zambezi river into Moatize district. From Moatize town the line will largely follow the Tete to Malawi (Zóbuè) national road. The areas through which the line will be routed are rural. Installation of project infrastructure will require the acquisition of land. For the transmission line itself a servitude or right of way (ROW) will be acquired, in which, for safety reasons and in terms of Mozambican law, no human settlement and no permanent structures will be permitted and in which specified activities will not be allowed. Specific areas of land will be needed for permanent project infrastructure and project use and this land will be permanently unavailable for other uses. These include areas around the transmission line towers (i.e. pylons), an 8 wide strip of permanently cleared land along the centre line of the transmission line and access roads inside or outside the ROW. Wherever possible access roads will be located within the 8 m centre line strip. Temporary use of land, most probably outside the ROW, for construction camps will also be necessary. According to the 1997 Land Law the ROW should be 100 m wide. The environmental studies found that there are a number of people living in or using land and resources in the ROW although most of the proposed transmission line corridor is free of human settlement. These are mainly subsistence farmers, living mostly in small village settlements, who mostly grow crops and rear livestock for their own use or sale and also collect, use, process and sell other natural resource products, such as firewood and charcoal. Acquisition of land for the ROW and other purposes will cause the physical and economic displacement of affected families and businesses, even if some of them are not forced to move to another area. During planning efforts were made to minimise the level of displacement that would be caused. This includes the possibility of reducing the width of the ROW to 55 m but no final decision has been taken. An option to allow DPs to remain living within the ROW was considered but discounted for safety and legal reasons. For WB supported projects that result in involuntary displacement the Bank requires that its Operational Policy on Involuntary Resettlement (OP 4.12) be fully complied with as a condition of project approval and funding. For projects for which the exact location of project infrastructure has not been finalised and the nature and extent of population displacement is not known, the Bank requires that a Resettlement Policy Framework (RPF) be submitted to address the adverse impacts of such displacement, in terms of provision of resettlement (i.e. relocation) and compensation measures, to ensure that displaced persons


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(DPs) are left no worse off than before commencement of the project. Once the full details of the project are known and the nature and extent of displacement can be more accurately assessed the Bank requires that a more detailed Resettlement Action Plan (RAP) be prepared.. Mozambican law also requires that people displaced by development projects receive fair indemnification and/or compensation. It should be noted that a draft RAP for the project was prepared in July 2005 on the basis of what was thought be a confirmed location and width (55 m) of the ROW. Subsequently, doubts have been raised concerning the finality of the transmission line routing and the width of the ROW and the WB has requested that a RPF be submitted rather than a RAP. Because the exact location and width of the required ROW are not finalised an RPF is required as a condition of project appraisal by the WB. This RPF has been prepared in accordance with GOM policies relevant to involuntary resettlement and those of the WB, i.e. OP 4.12. It is intended to be an agreed commitment by EDM, the GOM, the DPs and other parties involved for resolving the displacement, relocation and/or compensation issues of the project. It includes a number of principles by which the preparation of one or more RAPs will be prepared and by which relocation and compensation will be guided. Much of the information used for the preparation of the RAP has been obtained from previous studies, including the draft RAP produced in July 2005. In order to meet the tight deadline for project implementation the RPF suggests that a number of individual RAPs be prepared for the project on a section by section basis. This will enable RAP preparation and implementation for a particular section to be completed in a shorter time and thus not hold up construction work. Section 4 outlines the processes and responsibilities proposed for RAP preparation. It is proposed that RAP preparation, and subsequent implementation, be overseen by a Resettlement Steering Committee (RSC). Because EDM has limited capacity to prepare the RAPs it is also proposed that a Resettlement Contractor (RC) be appointed to prepare the RAPs. The RC would operate with a number of field teams that will include displaced persons, local leaders, provincial and district government staff and local NGOs and partners. It is expected that preparation of all the RAPs for the project will be completed within a period of three months. People living in or operating businesses in the ROW will have to move out of the ROW and will thus have to abandon the land on which their homesteads or businesses are located (i.e. residential or business land). Some DPs will have to abandon the total area of residential land while others, who are living astride the boundary of the ROW may only lose that part of their residential land that is within the ROW. EDM will allow people to continue to grow short crops within most parts of the ROW so that most DPs will not lose their cropping land (i.e. fields) within the ROW. However, small parts of the ROW, and possibly some areas outside the ROW, will be used for project infrastructure and activities so that some DPs using such land for crop production or other purposes will also have to permanently abandon this land. People will still be able to use the ROW for livestock grazing and for exploitation of other natural resources as long as this does not interfere with the operation of the transmission line. For DPs living in or operating businesses in the ROW or in part of the ROW, abandoning the land on which they are currently living or operating from will mean that they will also have to abandon all or some of their houses (i.e. shelter) or business premises as well as other associated infrastructure and fixed assets, such as livestock pens, latrines and granary


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structures. Fruit trees will also have to be abandoned as tall trees will not normally be allowed in the ROW and also because most families prefer to plant fruit trees near to their homesteads. It could happen that DPs required to forfeit all or part of their fields in the ROW could also lose the harvest from any standing crops when these fields are prepared for project construction purposes. The loss of food supplies or income from the sale of produce would constitute economic displacement. However, it is envisaged that, as far as possible, construction will take place during the dry, non-cropping season during winter and that all crops will have been harvested before then. However, this may not always be possible. A few DPs who are operating informal businesses within the ROW could also suffer economic displacement due to loss of profit while relocating and re-establishing elsewhere or through the loss of business opportunity. This should not be an issue if the affected businesses are relocated to new land close to the abandoned site and if replacement premises is available before they are forced to abandon the original premises. During construction of the transmission line construction teams may also cause inadvertent damage to land and property which will also be a form of displacement. This could be temporary or permanent. During planning all efforts were made to minimise the level of displacement that would be caused. An option to allow DPs to remain living within the ROW was considered but discounted for safety and legal reasons. In Mozambique all land belongs to the State but, through various mechanisms, people may have or acquire the right to use and benefit from the land. Throughout most of the area through which the transmission line will pass individuals hold and use land under customary tenure which is a legally recognised right whether or not the occupation of the land has been officially registered. In terms of the Land Law (1977) land can be compulsorily acquired for purposes such as the construction of a transmission line1 but when such land is acquired fair indemnification (i.e. compensation) must be provided to legally recognised occupiers and users of the land. The DPs currently living in, operating businesses in or using land within the ROW are thus eligible for such indemnification. The Mozambican legislation and regulations are, however, silent on the principles, procedures, methods and values for compensation. It has generally been accepted, however, in recent cases that replacement land is provided on a land-for-land basis, with replacement land being of equal or superior area, quality and locational advantage to that foregone and that compensation is provided on the basis of replacement cost and includes associated transfer, transport and other costs. Additional assistance is also usually provided to help DPs restore their livelihoods. These provisions are in line with the requirements of OP 4.12 of the WB. It is estimated that there may be around 130 families (750 people) living within the ROW who will have to relocate to areas outside the ROW and be provided with replacement

1 The Land Law states that for high voltage transmission lines the land 50 m either side of the centre line constitutes a partial protection zone which cannot be occupied or used without a special licence being issued. For the proposed transmission line EDM will, however, only claim a ROW 22,5 m either side of the centre line.


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housing. Nearly all these structures have walls made from locally available materials, such as poles cut from trees found nearby, trimmed branches or reeds and are sometimes plastered with a mud clay (daub). Thatching grass is nearly always used for the roof. Some of these DPs may also suffer the loss of other structures (e.g. business structures, such as grinding mills and kiosks, and homestead structures, such as latrines, kitchen units, livestock pens and granaries) as well as cultivated fields and fruit trees. An estimated further 100 families living outside the ROW are expected to loose the use of some arable land and fields which they have within the ROW. A number of households consist of or are headed by elderly people, widows or widowers or disabled people and are considered to more vulnerable, warranting special assistance from the project.


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It is not expected that affected informal businesses will suffer loss of profit or business opportunity since it is proposed that replacement structures will be provided close to the existing premises and that they will not be relocated until replacement structures are ready for occupation. All people with structures, fruit trees and land that will permanently acquired within the ROW will be eligible for relocation and/or compensation entitlements. The cut-off date for eligibility will be the date that DPs are given registration cards once the limits of the ROW have been marked on the ground. The cut-off date will be announced publicly at provincial and district level and verbally to the DPs in the affected areas. Compensation will, generally not be paid in cash. Entitlements will generally be provided as follows • For loss of residential land: A replacement residential site of equal area, (i) as close

as possible to the affected site for total loss of the original site or (ii) contiguous to the unaffected portion for partial loss (as far as possible). In addition, the project will clear and prepare replacement sites.

• For loss of productive land (e.g. fields) taken permanently for project infrastructure

(e.g. roads): Replacement fields of equal area and similar quality, as close as possible to new or the remaining parts of affected homesteads that are not within the ROW. In addition, the project will clear and prepare replacement sites. This will probably be done by local NGOs or contractors. The involvement of local people, especially the DPs, will be emphasised in order to provide additional cash income within the local communities.

• For loss of fruit trees: Cash compensation based on the value of the estimated yield

for the productive lifetime of the trees or perennial crops. Compensation rates will be determined by the Provincial Directorate of Agriculture.

• For loss of shelter, structures and other assets: Replacement houses and other

structures to the same or better standard as affected structures (families to be paid cash for any labour input provided during construction). Construction of the houses and other structures will probably be undertaken by local NGOs or building contractors. Transport will be provided by the project to assist DPs to move furniture and equipment.

In nearly all cases replacement residential, business and arable land is available within close proximity to the ROW and affected land holdings. Because DPs will be relocated over short distances and will remain within their respective communities they will still be able to utilise existing social and community infrastructure and will still be able to participate in community networks and structures. It is also not anticipated that there will be any significant social impacts associated with relocation over the short distances envisaged. Vulnerable people will be provided with additional special assistance, to be determined on a case-by-case basis. People who, during construction, suffer unforeseen damage to land and property will also be entitled to compensation which will be awarded in accordance with the principles outlined in the RPF.:


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EDM will have overall responsibility for implementing the RAP but since its small Environmental Unit does not have sufficient capacity to undertake actual implementation and supervision, it is proposed that EDM engages an experienced local company or NGO as a Resettlement Contractor supervise and manage the implementation of the RAP and delivery of entitlement to the DPs. This will include supervising any other NGOs or local contractors who are engaged to provide services, such as land preparation and building of replacement houses and structures. Compensation for inadvertent damage caused by transmission line construction teams will be negotiated with and paid by the construction contractor in accordance with the RPF principles and procedures. Because the affected people and communities are spread along the length of the ROW over a long distance it is difficult to deal with a single community representative body. Nevertheless, it is proposed that the well established and understood mechanisms for dealing with communities, through district administrations and community leaders, be followed for liaising with communities and DPs. If possible local Segment Committees should be established for each segment of the transmission line route. Any party, including DPs, with complaints or grievances concerning any aspect of the RAP implementation process and determination or delivery of entitlements will have access to grievance resolution procedures to be established by a Dispute Resolution Committee (DRC). These will possibly initially involve local community structures but unresolved issues will be referred to the RSC and finally the courts. The RC will be required to submit monthly implementation progress reports to EDM,, in accordance with a monitoring plan to form part of the implementation contract. The success and impact of the relocation and compensation component of the project will be evaluated externally, possibly by WB missions deployed to evaluate the overall transmission line project or the project’s environmental and social impacts. In accordance with the suggestion that a number of RAPs be produced for various segments of the transmission line route it is most probable that each RAP will be implemented independently and in sequence. The exact time schedule for implementation should be detailed in each RAP. The total time for implementing all the RAPs should not exceed six months. Construction will not start until DPs have been relocated and/or paid compensation in full, which should be at least one month before construction begins. It is important that replacement agricultural fields are ready and allocated before the onset of the first rains in November or December of the first year of RAP implementation if compensation is not to be paid for standing crops or affected families are to be supplied with food relief. The total estimated cost for preparing the detailed RAPs is USD 100 000. Accurate costs for implementation of the RAPs can only be determined during RAP preparation but are estimated to be in the order of USD 364 600. The total estimated cost of resettlement and compensation for an estimated 230 affected families is USD 557 520, inclusive of a 20% contingency. This works out to around USD 2 424 per affected family.


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ITEM COST (USD) RAP preparation costs (Resettlement Contractor – 3 months) 100 000 Supervision of RAP implementation - Delivery of entitlements, supervision of NGOs and local contractors (Resettlement Contractor – 6 months)

100 000

Clearing and preparation of residential sites and new crop fields – 20 ha @ USD 200 per ha

4 000

Replacement houses – 5 000 m2 @ USD 10 per m2 50 000 Replacement of other structures – 2 000 m2 @ USD 8 per m2 16 000 Cash compensation for fruit trees – 10 trees per family @ USD 80 per tree for 230 families

184 000

Transport of furniture and equipment – USD 20 per family for 130 families

3 000

Assistance to vulnerable people – 20 people @ USD 50 1 000 Internal M&E 2 000 External audit and evaluation 5 000 Sub-total 465 000 Contingency – 20% 93 000 TOTAL 558 000


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INTRODUCTION BACKGROUND One of the objectives of the Southern African Power Pool, set up within the framework of the Southern African Development Community, is to co-ordinate the interconnection of the electrical power grid systems of the member states. Accordingly, the Governments of the Republic of Mozambique (GOM) and of the Republic of Malawi have agreed to interconnect their respective power systems for the mutual benefit of both countries. Following the signing of an inter-governmental memorandum of understanding, Electricidade de Moçambique, E.P. (EDM) and the Electricity Supply Corporation of Malawi Limited have been investigating the feasibility of constructing a 220 kV transmission line between Matambo, near Tete in Mozambique, and Phombeya2, north of Blantyre in Malawi. EDM is seeking assistance from the World Bank (WB) to construct the line. The Mozambican section of the transmission line will be located entirely within Tete province in central Mozambique (Figure 1) but the exact route and alignment of this section of the line has not been finalised. Starting at the existing Matambo substation, south west of Tete city, it is proposed that the transmission line will be routed in a north-easterly direction for approximately 126 km to the Mozambique-Malawi border, some 14 km south of the border town of Zóbuè, where it will cross into Malawian territory. Sections of the transmission line may pass through areas believed to contain land mines left over from previous periods of civil conflict. The final route of the line will depend on a number of technical, administrative and economic factors. The exact alignment of the line on the ground will be confirmed by the Construction Contractor during a line survey exercise to be undertaken after de-mining. In May 2004 an environmental impact assessment (EIA) was prepared for the Mozambican section of the proposed Matambo to Phombeya Transmission Line Project (the project) The EIA noted that, in accordance with the Mozambican Land Law (1997) and for safety and security reasons, EDM will need to acquire a strip of land or right of way (ROW) over which the transmission line will be constructed. The Land Law states that this corridor should be 100 m wide and that people living within such a corridor will no longer be able to continue to do so and will be required to permanently relocate, together with their houses and other infrastructure, to areas outside the ROW. Restrictions will also be placed on the use of the acquired ROW for other purposes, such as agriculture. For instance, while people, living both within and outside the ROW, will still be allowed to use the ROW for the cultivation of short crops and for livestock grazing it will have to be kept free of tall vegetation. This will mean that the cultivation of tall crops or fruit trees will no longer be permitted within the ROW. The EIA found that the loss of fruit trees currently growing in the ROW would lead to the subsequent loss of the potential harvest from

2 The original intention had been to connect Matambo to the Blantyre West substation but this was subsequently changed to Phombeya.



these trees. Depending on the timing of construction, affected people could also lose the harvest from standing crops due to the need to clear vegetation for construction activities.

Electricidade de Moçambique, E.P. (EDM) Proposed Matambo to Phombeya 220 kV Transmission LineMatambo to Zóbuè Section (Mozambique)

9 January 2007 Resettlement Policy Framework

Impacto, Lda – Projectos e Estudos Ambientais3




Figure 1 Proposed location of the 220 kV transmission line in Tete Province, Mozambique



A small amount of land within the ROW will be permanently lost due to the need to establish a narrow strip (8 m wide) of permanently cleared land along the centre line of the transmission line, pylon pads and narrow (4 m) access roads (mainly within the 8 m cleared strip). This will also affect some families who live outside the ROW but who use land within the ROW. The project will, therefore cause the displacement of a number of people currently occupying or using land within the ROW for various purposes. The EIA report provided recommendations and proposals for negative impact mitigation measures, including relocation of affected people and the provision of appropriate compensation. RESETTLEMENT PLANNING REQUIREMENTS AND OBJECTIVES The World Bank and involuntary resettlement For projects that receive support from the WB,the Bank requires that any such project that displaces people from land or productive resources must be subject to the requirements of its Operational Policy on Involuntary Resettlement (OP 4.12)3. The objective of OP 4.12 is to provide policy guidance and appropriate procedures for adequately resettling and compensating project affected persons (PAPs), including displaced persons (DPs). Displacement may be physical, economic, social or cultural. The policy covers direct economic and social impacts that are caused by the taking of land and resources resulting in: • relocation or loss of shelter; • the loss of assets or of access to assets important to production; • the loss of income sources or means of livelihood; or • the loss of access to locations that provide higher incomes or lower expenditures to

businesses or persons. The WB describes these processes and outcomes as “involuntary resettlement”, or simply “resettlement”, even when people are not forced to move. For the purposes of WB OP 4.12 “involuntary” is taken to mean actions that may be taken without the displaced person’s informed consent or power of choice. Resettlement is involuntary if affected people do not have the option to retain the status quo that they have before the project begins. WB OP 4.12 is applied whether or not the affected persons must move to another location. It also requires that people who are adversely affected by project activities receive compensation or support measures to the extent that their livelihoods and standards of living are restored to at least pre-project levels. To address the economic and social impacts associated with potential losses suffered by DPs, WB OP 4.12 requires that one of a number of resettlemen4t instruments that meet the

3 OP 4.12 was published in December 2001 and was revised in April 2004. The revision applies to projects that are governed by WB Operational Policy 6.00 and Bank Policy 6.00, i.e. those in countries with approved country financing parameters. The revision omits Paragraph 34 in the December 2001 publication, i.e. “The Bank does not disburse against cash compensation and other resettlement assistance paid in cash, or against the cost of land (including compensation for land acquisition). However, it may finance the cost of land improvement associated with resettlement activities”. 4 The term “resettlement”, in this RPF, includes all physical relocation, compensation and other rehabilitation measures designed to mitigate or off-set displacement and to adequately restore the livelihoods of DPs to pre-project levels or, ideally, to improve them.



requirements of the WB and GOM be prepared, disclosed and approved as a condition of project appraisal and approval by the WB. For situations where specific details of the project (i.e. location and design) are not known at the time of project appraisal (or for sector-wide projects involving multiple sub-projects) the Bank requires that a resettlement policy framework (RPF) be prepared. Such a framework is a statement of the agreed policy, principles, institutional arrangements and procedures that will be followed for resettlement and compensation purposes once the location and design details of the project (or individual sub-projects) become known. The RPF must be prepared, disclosed publicly and accepted before the WB will consider project for approval. Once the location and design details of the project (or individual sub-projects) become known) OP 4.12 requires that a resettlement plan (also known as a resettlement action plan - RAP) be prepared, disclosed publicly and approved for the project (or each sub-project)5.The RPF provides the basis for developing the RAP for the project and the RPF and the RAP are fully complementary to one another. Because the exact location of the ROW for the proposed Matambo to Zóbuè transmission line is not known an RPF is required. Once the route of the transmission line has been certified to be clear of land mines the construction contractor will mark the centre line of the transmission line and the limits of the ROW on the ground. At this stage it will be possible to commence detailed resettlement planning. Previous resettlement planning activities The environmental studies for the Mozambican section of the transmission line which were undertaken in 2003 and 2004 included an aerial and land survey as well as a technical assessment. A number of alternative corridors for the transmission line were assessed in terms of their expected positive and negative physical, biotic and socio-economic impacts during the construction and operational phases. They were also assessed in terms of their technical characteristics and cost implications. One alternative (i.e. B1) was found to have the least negative environmental and socio-economic impacts as well as the lowest construction cost and was subsequently accepted by the Ministry for the Co-ordination of Environmental Affairs (MICOA) and EDM for further investigation. In February 2005 a 400 m wide strip along corridor B1 was over flown by an aerial survey company using a light aircraft. The strip of land was swept with laser beams and colour digital photographs of the terrain were taken of the land below. After processing, a digital terrain model was produced which was used to provide colour digital aerial photographs, with contour lines, of the corridor. This enabled further optimisation of the centre line of the transmission line, based on technical criteria and the avoidance of environmental hazards and population centres. Lines showing the adjusted location of the centre line and the limits of a transmission line corridor (i.e. 55 m wide) line were superimposed on the aerial photography. On the basis of this information, which was considered to provide the detailed location of the centre line of the transmission line and a 55 m wide corridor, a decision was taken to prepare

5 Or abbreviated resettlement plan where the impacts on the entire displaced population are minor (i.e. affected people are not physically displaced and less than 10% of their productive assets are lost) or fewer than 200 people are displaced.



a detailed RAP. Preparation of a draft RAP commenced in April 2005 and a draft RAP report was submitted to the WB in July 2005. Preparation of the draft RAP included identification of affected settlements, structures and land uses within the 55 m corridor, a census and socio-economic survey of the affected population, determination of individual relocation and compensation requirement and the estimation of relocation and compensation costs. Seventy families were found to be living in or operating businesses in the 55 m corridor and an unknown number of other families living outside the corridor were also found to be using land (mainly for agriculture) in the ROW.. Subsequently, it was decided that the location of the transmission line and corridor used for the preparation of the draft RAP could not be considered to be final. This was because the exact alignment will only be confirmed by the Construction Contractor at the commencement of project implementation. Another factor was that although EDM had considered that a 55 m corridor would be adequate for their purposes, the Mozambican Land Law (1997) states that the land 50 m either side of a transmission line (i.e. 100 m wide) is designated as a partial protection zone, within which settlement is not normally permitted. A decision on the eventual width of the ROW has still to be reached. If a 100 m wide ROW is to be established the amount of displacement caused will be greater than that determined during the preparation of the draft RAP of July 2005. Hence, in November 2006, the WB advised that the draft RAP of July 2005 would not be the appropriate resettlement instrument for project appraisal and that a RPF should be prepared instead. Role and objectives of the resettlement policy framework The objective of this RPF is to set out the policies, principles, organisational arrangements, design criteria and indicative budget to be applied to avoid or resolve displacement impacts on people and property caused by the acquisition of land for the project. As a policy framework the RPF is an agreed commitment by the parties involved (e.g. EDM, the GOM, local authorities and the DPs) for resolving the displacement and resettlement issues of the project as a whole and for ensuring that DPs are left no worse off than they were before commencement of the project. The RPF will guide and govern the project as the details of the project become available. By setting out the agreed policies, principles and procedures it allows further detailed resettlement planning, such as the elaboration of a RAP, to be undertaken without having to further discuss these and it allows implementation to proceed without having to re-negotiate fundamental agreements. The RPF: • lays down the agreed principles that will apply to resettlement (i.e. relocation,

compensation and rehabilitation) preparation and implementation; • describes the procedures to be used for preparing and approving a more detailed RAP; • identifies and describes, as far as possible, those people currently living within the

proposed ROW and who will suffer losses; • describes the legal framework for dealing with involuntary resettlement in

Mozambique and measures to bridge any gaps between this and WB policy requirements;

• defines eligibility criteria for defining various categories of DPs;



• indicates how affected assets of individual DPs will be valued; • describes how resettlement and other entitlements will be delivered, including the

procedures, responsibilities and timing; • describes mechanisms for maximising stakeholder participation and for resolving

disputes and grievances; and • provides an indication of the costs involved. The RPF has been prepared in accordance with the standards and procedures of the GOM environmental policy relevant to involuntary resettlement and those of the WB, i.e. OP/BP 4.12 , particularly its Annex A. . It will be sent, for information purposes, to MICOA. Consistent with the WB’s Disclosure Policy, the RPF will have to be disclosed prior to appraisal in Mozambique, at the national and local levels, as well as in the WB Infoshop. The RPF is based on the establishment of a 100 m wide ROW, using information taken from the draft RAP prepared in July 2005 for a 55 m corridor along the transmission line route proposed at that time. Although it is possible that a single RAP will be prepared for the project it may be agreed to prepare two or more RAPs covering specific sections of the transmission line. This is because some sections of the transmission line route are un-inhabited and because demarcation of the ROW, and even construction of the transmission line, may be undertaken on a section-by-section basis over the project implementation period. The subsequent RAP or RAPs need not include the policy principles, entitlements, eligibility criteria, organisational arrangements, arrangements for monitoring and evaluation, the framework for participation and mechanisms for grievance redress as set forth in the RPF. The detailed RAP or RAPs will, however, include baseline census and socio-economic survey information, specific compensation rates and standards, policy entitlements related to any additional impacts identified, descriptions of resettlement sites, programmes for improving or restoring livelihoods and standards of living, implementation schedules for resettlement activities as well as detailed cost estimates. METHODOLOGY AND INFORMATION SOURCES This RPF was prepared during late December 2006 and early January 2007, based on the information contained in the draft RAP of July 2005. A brief description of the methodology used during the preparation of the draft RAP of July 2005 is presented in Appendix 1.



PROJECT DESCRIPTION AND COMPONENTS LEADING TO POTENTIAL DISPLACEMENT LOCATION OF THE PROJECT According to the original route of the transmission line proposed in April 2005, from Matambo substation the line will pass through Changara district for a short distance (12 km), through the eastern rural part of Tete city (municipality) (5 km) and then through Moatize district (109 km) after it crosses the Zambezi river. Most of the transmission line will be in Moatize district. Figure 2 shows proposed the route of the transmission line and the main settlements through which it passes. BRIEF DESCRIPTION OF THE PROJECT Establishment of the proposed transmission line will involve: • creation of a ROW (exact width to be decided6) along the length of the 126 km stretch

of the transmission line from Matambo substation to the Malawi border, 14 km south of Zóbuè;

• clearing vegetation along an 8 m corridor along the centre line of the transmission line within the ROW;

• opening up access tracks and approach roads; • establishment of construction camps; • erecting the towers and constructing the transmission line • extending the existing substation yard at Matambo; and • operating and maintaining the transmission line. Right of way For 400 MW transmission lines using cross-rope suspension towers a servitude or ROW of 100 m (i.e. 50 m either side of the centre line) is required to ensure the safe construction, operation and maintenance of the line. Normally no permanent structures and tall trees (i.e. greater than 3,5 m high) are allowed within this ROW, unless authorised by EDM. Vegetation clearing Prior to construction all tall vegetation and any remaining infrastructure will be cleared within the ROW. More intensive clearing will be limited to a strip of a maximum of 8 m along the centre line except where vegetation interferes with the minimum electrical safety clearances (i.e. 3,8 m below the conductors) or for land survey, access roads and other construction activities. The land will also be cleared around the tower positions (i.e. tower pads). For cross-rope suspension towers this will be an area of 40 m by 40 m, while for self-supporting towers the area to be cleared will be reduced to 20 m by 20 m. Care will need to

6 The 1997 Land Law recognises all land 50 m either side of a transmission line as a partial protection zone which is effectively the ROW for a transmission line. EDM may, however, only claim a 55 m wide ROW in order to reduce displacement. For the purposes of this RPF a 100 m wide ROW is assumed.



be taken during bush clearing of the centre line and other points to avoid unnecessary damage.




Figure 2 Location of main settlements along the proposed transmission line (April 2005)



Access tracks and approach roads For line construction, operation and maintenance purposes roads will be opened for vehicles so as to allow access along the whole length of the corridor. Whenever viable, existing access roads will be used to provide vehicle access to the transmission line. However, new access roads, with a width of 4 m, may also need to be opened up. As far as possible these will be located within the permanently cleared 8 m centre line strip within the ROW but some approach roads may need to be constructed outside of the 8 m corridor and the ROW. Construction camps The work force to be recruited to construct the transmission line will, in general, be housed in camps to be situated at a few points along the transmission line route. The locations of the camps will be selected by the construction contractor, taking into account aspects such as access to water. As a rule, there will usually be one camp for each 100 km of transmission line. Transmission line The new transmission line will consists of three conductors (i.e. electrical cables) carried by steel towers (pylons). It is expected that “cross-rope suspension” type towers will be used for most of the transmission line. These comprise two lateral lattice-steel masts, 36 m high, interconnected by a cable on top and supported by four guy ropes (cables). Towers will be, on average, placed 465 m apart. The distance between the anchor points of the guy ropes will be 55 m. The conductors are attached to insulators suspended from a lower horizontal cable and the minimum distance between the lowest point of the conductors and the ground at any point must be 8,5 m. At angle points, at points under strain or in restricted spaces conventional “self-supporting” lattice-steel towers will be used. Substations The only substation to be incorporated within the project will be the existing Matambo substation which will require a new yard extension along its north-eastern side. There is no one currently living in this area and no displacement is anticipated. However, the situation will be re-assessed at the time of the land acquisition survey to be undertaken at the commencement of project implementation. PROJECT COMPONENTS LEADING TO POTENTIAL DISPLACEMENT AND MINIMISING DISPLACEMENT The proposed alignment of the transmission line has been selected, according to the earlier studies and examination of the digital aerial photography, so as to avoid settlements and thus minimise potential displacement. The exact alignment will be determined by the Construction Contractor at the commencement of project implementation. The EIA prepared in May 2004 found that there would be relatively few adverse social impacts in terms of resettlement, i.e. the number of adversely affected people along the proposed transmission line is relatively small. The EIA established that there are a number of people living in and/or using land and resources along the route of the proposed transmission line. However, population densities are generally low along the corridor, even in several small villages which have developed along the route, particularly close to the main Tete to Malawi national road.



It is recognised that most of the proposed corridor for the transmission line is free of human settlement. An option to continue to allow people to live within the ROW was considered by EDM as a possible means of avoiding displacement and the need for relocation and/or compensation. However, in view of the fact that the proposed transmission line will be a high voltage line this option was discounted for safety and legal reasons. It will thus be necessary for all affected houses and other permanent infrastructure within the ROW (e.g. 100 m wide) to be relocated to areas outside this ROW. Such displacement will be permanent. However, it is unlikely that affected homesteads and other infrastructure will need to be relocated more than a few metres outside of the ROW. To minimise displacement EDM will, however, allow short crops to continue to be grown within the ROW, except where land has been taken for transmission line infrastructure, such as pylons and access roads. In theory, certain fruit trees could also be allowed within parts of the ROW but since most families prefer to grow fruit trees around their homesteads, these will also need to be replaced and the growing of fruit trees will, for safety and control purposes, not be encouraged. If trees are to be allowed, their height has to be limited to their horizontal distance from the nearest conductor. EDM will also allow the ROW to be used for livestock grazing and for the collection of other natural resources, such as firewood and thatching grass. However, permanent clearing of relatively small areas of land and vegetation for project infrastructure, such as pylons, the 8 m wide centre line strip and access roads may cause the permanent loss of land used for cultivation and other purposes, both within and outside the ROW. The exact location and magnitude of such losses cannot be ascertained until more detailed planning is undertaken and actual construction work begins. Careful planning will be needed to ensure that any such losses are kept to a minimum. The Construction Contractor will be required to locate the camps so as to cause no or minimum disturbance to local residents or their activities. Since the distances over which DPs will have to relocate are expected to be minor it is not anticipated that DPs will lose access to other existing infrastructure, services and resources that they use. These include community water sources, schools, health facilities, grazing for livestock and other community facilities. Nor is it likely that displaced businesses, by relocating over short distances, will suffer from lost business opportunity. There is one further project related activity that could possibly cause people living close to the ROW to incur losses. This relates to damage to cultivated fields, crops, structures and other assets caused by construction teams working on the line, particularly when they are establishing access to the line. Losses are, however, likely to be small and temporary in nature. Table 1 summarises the project components that are expected to cause displacement. An estimate of the possible number of DPs is provided in Section 5.



Table 1 Summary of project components causing displacement

Project component or activity

Possible type of displacement Permanency of displacement

Location of affected

sites known?

Anticipated magnitude of

impact

Acquisition of land for 100 m ROW

• Loss of residential or business land in ROW

• Loss of houses, homestead structures and business premises in ROW

• Loss of fruit trees in ROW with loss of potential harvests

Permanent Only those within

original 55 m

corrisor

All households and businesses in ROW

Clearing of land and vegetation for 8 m wide centre line strip and tower pads in ROW

• Loss of cultivated fields in centre strip in ROW (with potential loss of potential harvests from any standing crops)

Permanent No A few households living within and outside the ROW

Acquisition of land for access roads within or outside the ROW

• Loss of cultivated fields within or outside ROW (with potential loss of potential harvests from any standing crops)

Permanent No A few households living within and outside the ROW

Use of land for construction camps

• Loss of cultivated fields outside ROW (with potential loss of potential harvests from any standing crops)

Mostly temporary

No A few households living within and outside the ROW

Inadvertent damage caused by construction teams

• Loss of cultivated fields within or outside ROW (with potential loss of potential harvests from any standing crops)

• Damage to land and property

Mostly temporary

No A few households living within and outside the ROW



PRINCIPLES AND OBJECTIVES GOVERNING RESETTLEMENT PLANNING AND IMPLEMENTATION OBJECTIVES The overall objective of the relocation and compensation (resettlement) component of the project is to displace as few people, businesses and public bodies as possible (i.e. move people or deprive them from resources or access to resources or deprive them from income earning capacity or opportunities). Where displacement is unavoidable the objective is to ensure that sufficient investment resources are appropriately allocated by EDM to ensure that DPs are provided with: • adequate and appropriate compensation for assets lost; • relocation and assistance measures to enable them to relocate when homes or

businesses cannot remain in the same place; and • where incomes are significantly affected, income-earning opportunities sufficient to

regain and ideally improve their pre-project living standards. PRINCIPLES The following is a list of basic principles which should govern the preparation and implementation of the compensation and relocation (resettlement) exercise: • all possible means will be used to ensure that no people are harmed in any way by

construction activities and project outcomes; • compensation and relocation planning and implementation activities will be

undertaken in participation with DPs and other relevant project affected people who will be continuously consulted throughout the process;

• DPs will be informed about their options and rights pertaining to displacement,

compensation and relocation and about grievance mechanisms available to them; • only DPs who meet agreed eligibility criteria will be entitled to compensation and

relocation measures; • lack of legal rights to land and assets occupied or used will not preclude a DP from

entitlement to compensation and relocation measures; • compensation, relocation and rehabilitation measures will be as fair as possible to all

parties concerned and should minimise the long-term liability of EDM; • where compensation, in cash or kind, is provided for loss of assets (including

housing), access to assets or damage caused to assets it will be provided on the basis of full replacement cost and will include necessary additional costs incurred to achieve full restoration;



• where replacement land is to be provided it will have a combination of productive potential, location advantages, accessibility, availability of services and other factors at least equivalent to the advantages of the original site and will be as near as possible to the original site;

• DPs that are physically relocated will be provided with necessary relocation

assistance (such as moving and translocation assistance or allowances) during relocation. Where necessary or appropriate, development assistance, such as land preparation, will be made available to beneficiaries in addition to compensation and relocation measures;

• specific and additional assistance will be provided for particularly vulnerable people,

i.e. widows, orphans, HIV/AIDS victims, old people and handicapped people; and • construction work on each particular affected site will not commence until DPs have

been satisfactorily compensated and/or relocated.



PROCESS FOR PREPARING AND APPROVING RESETTLEMENT ACTION PLANS NUMBER OF RESETTLEMENT ACTION PLANS Detailed planning for relocation and compensation will only commence once the outer limits of the proposed ROW (assumed to be 100 m) are accurately demarcated on the ground to allow for the accurate identification of DPs and affected infrastructure, land and other assets. De-mining teams will firstly clear the general path of the transmission line of any land mines found. The de-mining teams will be immediately followed by the Construction Contractor’s survey team which will physically mark the centre line of the transmission line and the outer limits of the ROW on the ground. While the line survey team is demarcating the ROW members of the RAP preparation team will identify people occupying or using land within the ROW and issue registration cards to household heads, business operators or individuals, as appropriate – the date on which the registration cards are issued will constitute the cut-off date for eligibility for resettlement and compensation measures. It is anticipated that the de-mining, line surveying and registration exercise will take three months to complete along the full length of transmission line route, immediately after which it is expected that construction will begin and take place over a period of 16 months Two options are suggested for detailed resettlement planning for the project. The first involves the preparation of a single detailed RAP covering the full length of the transmission line route. Because the de-mining and line surveying exercise will take a period of three months the preparation of a single RAP would only commence at the end of that three month period. Preparation of a single detailed RAP would then take a further three months and implementation of the RAP a further six to twelve months (depending on the extent of relocation and reconstruction involved). Since construction cannot begin until resettlement (and compensation) has been completed this would necessitate a considerable delay in commencing construction of the transmission line. The second alternative involves the preparation of a number of RAPs each covering smaller segments of the transmission line route. With this option preparation of a RAP for the first segment would commence immediately after that segment has been de-mined and surveyed. This would allow for the RAP for the first segment to be completed and RAP implementation started (and hopefully completed) by the time the de-mining and line survey teams have finished de-mining and surveying all the remaining segments of the transmission line route, i.e. within the three month period. On completion of the RAP for the first segment the RAP preparation team would then move on to the next segment while construction is taking place in the first segment. The RAP preparation team would then move on to the next segment and so on until the RAPs for all segments have been completed. This system would enable RAP preparation and implementation to always remain ahead of transmission line construction. It will also allow for construction to take place earlier in a number of segments which are unoccupied by people and for which no RAP is, therefore, required. For the purpose of this RPF it is assumed that a number of RAPs covering the various segments will be prepared. Each RAP will be prepared, in the first instance, as a draft which will be reviewed by the WB. Modifications and changes will be included in the final version of the RAP.



ORGANISATIONAL RESPONSIBILITIES FOR RESETTLEMENT PLANNING EDM will have overall responsibility for preparing the detailed RAPs. However EDM, specifically its small Environmental Unit, does not have the capacity to prepare the RAPs and it is proposed that EDM contracts a suitably experienced local company or NGO (i.e. a Resettlement Contractor - RC) to prepare the RAPs. The RC will establish a number of field teams comprising members of the RC staff, local leaders and other agencies. It is recommended that EDM establishes a Resettlement Steering Committee (RSC) to oversee and control the preparation of the individual RAPs. The Head of the Environmental Unit will be responsible for management of the RAP preparation process within EDM and will be the principal link between the RSC and the RC. It is also recommended that EDM establishes a Dispute Resolution Committee (DRC) to deal with grievances, complaints and disputes at the local and district levels. For community liaison purposes it is suggested that a Segment Committee (SC), comprising elected community members, be established for each segment. Suggested committees, units and teams, together with their responsibilities and constituent membership, are listed in Table 2. Figure 3 shows a possible structure and linkages for resettlement planning. RESETTLEMENT PLANNING ACTIVITIES A summary of activities required for the preparation of the RAP, together with the responsible agencies, are listed in Table 3. Field work and the determination of entitlement packages will mainly be undertaken by a Land Acquisition Team (LAT) with support from a Social Issues Team (SIT) and a Dispute Resolution Committee (DRC) who will work together with the relevant district administrations and local leaders. A household survey and general socio-economic survey of the affected areas will be necessary in order to provide inputs for resettlement planning and a baseline for future monitoring and evaluation exercises. This will be undertaken by the Social Issues Team (SIT) The RC will be responsible for preparing the RAP documents following the “suggested structure of a detailed resettlement action plan” presented in Appendix 2 to this RPF. The RAPs will be an agreed draft action plan and commitment of all stakeholders for resolving the displacement and resettlement (i.e. compensation and relocation) issues of the project. It will thus form the basis for delivering entitlements due to individual DPs during implementation, and serve as a guideline for resettlement implementation. Among others, the RAPs will describe: • the location of project infrastructure; • the land-take required; • the number and categories of affected properties and people; • information on the socio-economic circumstances of the affected people and

communities;



• specific land, asset and other resettlement measure valuation standards to be applied; • entitlement packages for different categories of DPs (including cash compensation

and physical replacement of land and assets, as appropriate) and for different types of losses;

• specific mechanisms for dispute and grievance resolution; • how resettlement entitlements will be delivered; • responsibilities for implementation of the RAP; • an implementation schedule; and • a detailed resettlement budget.



Table 2 Suggested organisation units for resettlement action plan preparation

UNIT RESPONSIBILITIES MEMBERS

Resettlement Steering Committee

(RSC)

• overall oversight and co-ordination • appoint RC • ensure consensus and as wide a reach as

possible • facilitate communication with and

participation of DPs • provide technical information to EDM

management and the RC • confirm eligibility criteria • approve valuation methodology • verify resettlement entitlements • resolve grievances and disputes where

necessary • review progress and approve the RAPs

• Head of EDM Environmental Management Unit)

• Provincial Governor of Tete (or representative)

• District Administrators • EDM representative in Tete

Resettlement Contractor (RC)

• management of field and day-of-day activities

• co-ordinate and manage specialist teams • ensure that resettlement planning is

consistent with the technical and financial objectives of the project

• liaison with EDM, district administrations, government agencies and other stakeholders

• valuation of assets and determination of entitlement packages

• elaboration of the detailed RAPs in accordance with the principles and guidelines laid down in the RPF

• RC staff

Land Acquisition Team (LAT)

• identification and recording of affected land, assets and DPs

• issuing registration cards to DPs • determination of eligibility • liaison with SIT and DRC

• RC staff • Transmission line survey team

representative • Local leaders • District Administration (representative)

Social Issues Team (SIT)

• public consultation (meetings) • inventory of affected land and assets • baseline household survey • advise on social issues • liaison with LAT and DRC

• RC staff

Dispute Resolution Committee (DRC)

• address land acquisition, entitlement and other disputes and concerns among DPs, the project and other stakeholders as far as possible

• advise DPs and stakeholders on redress mechanisms which cannot be resolved by the DRC

• refer unresolved disputes to the RSC and other authorities

• liaise with the SIT and LIT

• District Administrators • Local NGO • Provincial Director of Agriculture • Segment representatives

Segment Committees • Liaison between DPs and field teams • Participation in dispute resolution

• Community members



Figure 3 Possible organisational structure and linkages for resettlement action plan preparation

REVIEW, APPROVAL AND DISCLOSURE OF THE RESETTLEMENT ACTION PLAN The RC will submit the a draft of each RAP to the EDM Environmental Unit which will review it before submitting it to the RSC and the WB. Final RAPs will then be submitted to the RSC and WB for approval. Consistent with the WB’s Disclosure Policy, EDM will forward a letter to the WB, authorising the latter to disclose the RAP document in the WB Infoshop. In Mozambique the RAP will be made available in English and Portuguese to the public for a period of six weeks in the relevant districts. This fact will be advertised in newspapers and on radio stations commonly accessed by the local population. During this period members of the public will be given the opportunity to respond to the RAPs, in writing or verbally, to the relevant district administrator officer who will then pass on the responses to EDM.

RESETTLEMENT STEERING COMMITTEE (RSC)

EDM MANAGEMENT

WORLD BANK

RESETTLEMENT CONTRACTOR (RC)

CONSTRUCTION CONTRACTOR AND LINE

SURVEY TEAM

LAND ACQUISITION TEAM (LAT)

SOCIAL ISSUES TEAM (SIT)

DISPUTE RESOLUTION COMMITTEE (DRC)

• DISTRICT AND LOCAL GOVERNMENT STAFF

• LOCAL PARTNERS

• SEGMENT COMMITTEES



Table 3 Summary of activities and responsibilities for resettlement action plan preparation

ACTIVITY/TASK ACTIONS AGENCIES INVOLVED

Preparation

• Finalise routes and location of infrastructure (plans) • Establish project committees and teams • Hold preparatory workshop with main agencies

involved

• Contractor survey teams • RC

Public consultation (meetings)

• Explain project and resettlement principles and arrangements to people in affected areas

• Explain grievance mechanisms • Solicit feedback • Establish community representative committees

• SIT

Physical survey of ROW routes and boundaries

• Survey routes and land to be acquired • Mark ROWs, affected land and assets

• Contractor survey teams • LAT

Identification of affected property and people

• Identify affected land owners, occupiers and others (i.e. DPs)

• Issue registration cards to DPs • Confirm land ownership and occupancy (official

records or confirmation from local leaders)

• LAT

Field census of affected people and property

• Hand each DP a letter explaining the project, cut-off dates, general eligibility, rights and grievance mechanisms

• Carry out census (survey including measurements) of DPs and affected land, structures, crops, other assets and businesses (i.e. acquisition required) on valuation data sheets to be counter-checked and signed by the DP and local leaders)

• Produce plans (spatial layout of affected land and assets

• Discuss and agree compensation and relocation options and preferences with DPs

• Take photographs of affected land and assets (together with DPs)

• Identify vulnerable DPs and special assistance needed • Develop database

• SIT • DRC members

Baseline socio-economic survey

• Carry out baseline household survey • Develop database • Discuss with LAT

• SIT

Determination of eligibility for resettlement entitlements and levels of

awards

• Confirm legal obligations for compensation and resettlement

• Confirm eligibility of individual cases • Confirm valuation specification for land and assets

and confirm assistance awards • Develop resettlement entitlement packages (and

amounts) for individual DPs • Produce entitlement schedules and agreement

contracts

• RC

Relocation site selection and feasibility

• Identify possible relocation sites • Determine suitability of site for relocation

• RC • Local leaders • District officials

Determination of feasibility of other income or livelihood restoration

measures

• According to need • RC • Relevant government

agencies, financial institutions

Compilation of the RAP • Produce detailed RAPs to include implementation

arrangements, schedules, monitoring and evaluation activities and full resettlement budget

• RC

INDICATIVE SCHEDULE FOR PREPARATION OF THE RESETTLEMENT ACTION PLANS



An indicative schedule for the preparation of a detailed RAP for one segment is provided in Figure 4. It is estimated that preparation of the detailed RAP for one segment will be completed within a period of four weeks. Assuming a total of three segments it is anticipated that detailed RAPs covering the full route of the transmission line will be prepared within a period of three months. ACTION

1 2 3 4 5Preparation Public consultation (meetings) Physical survey of ROW routes and boundaries

Identification of affected property and people

Field census of affected people and property

Baseline socio-economic survey

Determination of eligibility for resettlement entitlements and levels of awards

Relocation site selection and feasibility

Determination of feasibility of other income or livelihood restoration measures

Compilation of the RAP

Figure 4 Indicative schedule for preparation of a detailed resettlement action plan for one segment



The affected population and expected displacement GENERAL SOCIO-ECONOMIC PROFILE OF THE PROJECT AREA A detailed description of the socio-economic characteristics of the area through which the proposed transmission line will pass is presented in the EIA prepared in May 2004. The more important relevant socio-economic issues are summarised in the following sub-sections: Population and population densities The proposed transmission line passes through three districts in Tete Province in central Mozambique, one of which is the municipality of Tete city, the capital of the province. Table 4 shows the administrative districts, administrative posts and villages (i.e. aldeias and bairros) through which the transmission line will pass. The area traversed by the transmission line is typically rural and population densities are relatively low, ranging from 7,4 persons/km2 in Cambulatsitsi admimnistraive post to 14,2 persons/km2 in Zóbuè administrative post, both in Moatize district. The population density for Tete province, according to the 1997 population census, is 11,4 persons/km2. Most of the population along the proposed route is concentrated in the villages that have developed along the main Tete to Malawi (Zóbuè) national road, where the transmission line runs close to or crosses the main road. Some informal markets have usually been established close to the road in these villages. There is virtually no settlement between these villages and large stretches of the corridor are free from human settlement and activity. The line will pass through the eastern part of Tete city but this is, in all respects, a low population density area with typically rural characteristics. Table 4 Administrative divisions and settlements through which the transmission line

will pass

District Administrative post Population density

(persons/km2) (1997 population census)

Village (Aldeia or barrio)

Changara Chioco 11,2 Nhalikuni Tete city Mpandwe Kambiringuinho

Benga Nhansembe Guluale Chimunda Moatixe Sede (centre) 12,5 Minga Stabua

Cambulatsitsi 7,4 Bulawaio Kalanga Chenga Kapiridzanga Kapiridzanga Sede Kapiridzanga Nhambulo Kapiridzanga Nhambulo II Capinhotola Simbe Mussakama Canhungue Canhungue Chipaco Canjuchi

Moatize

Zóbuè 14,2

Suite Menezes



The northern part of Zóbuè administrative post has a mild, fresh climate and the soils are fertile. This has attracted Mozambicans from other parts of Tete province as well as people from neighbouring Malawi and population densities are relatively higher here than in other parts of the province. Most of the people affected by the project are located in this administrative post. In contrast, Chioco and Cambulatsitsi adminstrative posts are characterised by a dry and hot climate with a predominance of rocky and rather infertile soils so that these areas are less densely populated. Ethnicity and language Throughout most of the affected district one population group, the Nhungué, dominates. Although Portuguese is the official language of the country the dominant language spoken in the area is Chinhungué. Nhungué people follow a matrilineal system. Chewa and Sena people are also found in Cambulatsitsi administrative post and there are Mangore, Barué and Sena people in Chioco administrative post. However, in the northern areas affected by the transmission line, i.e. Zóbuè administrative post, the dominant ethnic group is the Chewa with Chichewa as the spoken language. The Chewa ethnic group follows a matrilineal system. They have strong ties with people living in Malawi. In both the Nhungué and Chewa systems males are the heads of households and are responsible for making most of the decisions affecting the family. The men mainly occupy themselves with agriculture, fishing and hunting while the women, in addition to working in agriculture, are responsible for domestic affairs and looking after children. Houses and structures Most of the population lives in simple traditional type structures. These are typically small, single-room houses made from natural building materials that are collected locally. Most have walls constructed from poles, branches, sticks and bark collected from the surrounding forests and woodlands and which are sometimes covered in a daub made from clay and mud (pique-a-pau). Reeds and cane are sometimes used. Grass thatch is the most common form of roofing material although some houses have roofs made from plastic or metal sheets. Door and window frames, if present, are usually fabricated from locally available timber. The condition of many of these structures is generally poor. Some houses and other buildings, particularly those found in the larger villages, have walls made from cement blocks or burnt bricks. Sometimes the walls may be plastered with cement. Roofing material varies and can be grass thatch, plastic sheeting, metal or asbestos cement sheets or concrete. Health The main diseases occurring in the study area are, in order of importance, malaria, HIV/AIDS, respiratory and pneumonic infections, anaemia and diarrhoeal diseases. According to information provided by the Moatize Health Centre, in each 1 000 cases of malaria there is at least one death and for HIV/AIDS the mortality rate for in-patients is fifty per cent.



The provision of health facilities in the districts traversed by the proposed transmission line is poor. For example, based on available figures for 2002, there were three health posts (i.e. very basic facilities) in Changara district and six in Moatize district and only five health centres (i.e. slightly improved facilities) in Changara and four in Moatize districts respectively. Better equipped and staffed hospitals are only found in Angónia (rural hospital) and Tete city (provincial hospital). Health indicators for 2002 show that in Moatize district, for example, there was one health unit per 17 200 people, nearly 2 800 persons per hospital bed and around 3 800 inhabitants per health professional. Health care is also complemented by the activities of mobile brigades. The activities of the mobile brigades include vaccinations, nutritional vigilance, vitamin and iodine supplementing, antenatal consultations, distribution of medicines and health education. These brigades also identify and filter the cases of more serious diseases and transport the sick to the nearest health units which have capacity for in-patients. Very few of the villages in the region benefit from piped water distribution systems and sewerage and drainage systems. Water is usually supplied by boreholes, public drinking fountains and, most commonly, shallow wells. In some cases, the water is obtained from rivers and/or small streams, or rocky places that allow the accumulation of rainwater. Education The school network in the study area is considered insufficient to meet the needs of the population. Most of the school network in the study area is composed of first-level primary education schools. Data supplied by the Provincial Directorate of Education and Culture of Tete Province show that in 2003 there were slightly more than 100 EP-1 schools in the affected administrative posts and that the number of pupils attending these schools represented about 33% of the 1997 population of these areas. There are far more boys than girls attending school with about 70% of pupils being male. In general, the data obtained about the school network in the study area at village level show a small number of teachers relative to the number of pupils, with about 53 pupils for 1 teacher. However, the number of trained teachers is rather higher than the number of untrained teachers, with an average of 74 pupils for each teacher trained, while there are about 190 pupils for each untrained teacher. The school network at second-level primary education (i.e. EP-2) in the administrative posts is still poor. In 2003 there were only 15 EP-2 schools in the study area, attended by less than 1% of the total 1997 population of the administrative posts. Secondary education facilities are also very poor. There are only two secondary schools in Moatize administrative post and one in Zóbuè. The lack of schools with levels beyond EP-1 in the proximity of these villages results in a stagnation of the education of the children after the first level. It can be observed that, with the exception of a few cases, all the second level primary (i.e. EP-2) schools are situated in the main villages of the administrative posts, which are far away from most of the rural settlements. Children from these rural villages and settlements have little opportunity to



further their education beyond the first level due financial constraints for meeting the costs of transport or lodging closer to the schools. Adult literacy rates in the study area are very low as many of the older generation of people have never attended school or, if they have done so, only the first few years of primary school.



Land use and economic activities of the population Along the area of influence of the proposed transmission line the economy of the area is characterised by the subsistence sector, with varying levels of productivity and nearly total dependence on climatic factors. The main economic activities of inhabitants of the area include: • household or subsistence crop production with some cash cropping; • livestock production mainly to meet household requirements but also for selling, • harvesting and selling of natural forest wood for firewood for construction purposes; • charcoal production for sale; • fishing; and • informal commercial activities, particularly in the villages and settlements. Tete Province has strong economic, cultural and family ties with the other countries that almost completely surround the province. These are Malawi, Zambia and Zimbabwe. Crop production A number of factors influence how land is used in the project area. These include the fertility of soils (for crop production), the terrain, the presence of tsetse fly in some areas, accessibility (which is limited in most areas), availability of water for domestic purposes and for livestock and the availability of household labour. Low and erratic rainfall, coupled with high temperatures, is generally a limiting factor throughout the project area, except, to some extent, in the Zóbuè administrative post area.. Most of the land in or close to the proposed transmission line is used for agriculture by the family (subsistence) sector with the vast majority of the land being used to provide grazing and browse for livestock and the rest being cultivated. Throughout most of the area rain fed subsistence crop production dominates, although in Changara district, which has low and erratic rainfall with frequent droughts, crop productivity is low and livestock rearing, particularly of goats, dominates. In spite of the predominance of rain fed crop production there are a few cases of irrigated crop production, particularly near water courses, using pedestal pumps, small earth dams, channels and furrows. Cash cropping assumes more importance in the northern part of Zóbuè administrative post with Tobacco, cotton and paprika being important crops. A wide variety of fruit trees are also grown in this area, often primarily for selling purposes. Most of the cash crop production and marketing is supported, through agreements and contracts, by commercial agricultural commodity companies, although some is more speculative and grown for sale on the open market. The income generated by the sale of agricultural produce is normally used for the acquisition of exercise books and primary necessities of life, such as cooking oil, soap, salt and sugar. The most important agricultural products are maize, sorghum, millets, groundnuts and pumpkins in the drier areas, such as Chioco administrative post. In addition to these beans become increasingly important in Moatize and Cambulatsitsi administrative post areas as does the growing of fruit trees, such as mango, banana and papaya. A variety of vegetables is grown. Most of the agricultural production is for household consumption while surpluses are



sold where possible. However, production of surpluses is low, linked with the poor availability of infrastructure and services for delivery of produce. In the northern parts of Zóbuè administrative post the most important crops are maize, beans, sweet potatoes and cassava. Fruit production includes mango, banana, papaya, avocado, citrus and passion fruit. Most of the produce is for home consumption but fairly large quantities are produced for sale to Tete city, Malawi and other areas. Average field size varies between two and four hectares. Slash-and-burn or shifting cultivation is common throughout the area although around more populated areas and along some parts of the proposed transmission line it may be more sedentary. Over the years, family sector farmers have developed livelihood strategies oriented towards minimising risk through crop diversification which occurs in a variety of ways, such as: • growing several crops with the predominant practice of mixed inter-cropping using

crops that are tolerant to drought conditions (e.g. millet, sorghum, groundnuts and pumpkins);

• preferring to grow two or more consecutive crops rather than a single crop of a longer cycle, even if the potential yield would be higher for the latter, in order to obtain advantage of moisture availability during the short rainy period; and

• growing crops in as many diverse environments (e.g. topography, relief and soil) as possible, such as sandy flat areas, medium textured colluvial deposits of slopes (transition zones), fine textured dark coloured soils of lowland areas and open valleys and alluvial fans.

The result is that many rural subsistence farmers establish and use a combination of plots or fields on different soil types and with different crop potentials, each with different cropping and fallow patterns. Not all households have access to a variety of growing areas. The technologies and materials applied in family sector agriculture are still traditional, with a predominance of manual tillage with the use of hand-hoes. In some cases animal traction is used and in rare cases tractors are used.

There are a number of rural extension initiatives in Tete province carried out by the Provincial Directorate of Agriculture as well as a number of non-governmental organisations (NGOs). Rural extension activities include demonstration plots and the promotion and sale of complete technology packages with improved seeds, devices to measure the ideal distance between each plant and herbicides. In many cases the families have become progressively more interested in investing in improved seeds and varieties. In addition to the support organisations there are also a number of local farmer associations, cooperatives and extension networks. Work for crop production is provided mainly by household members, predominantly the women. However, in the weeding and harvesting seasons additional labour may be hired locally, using a system called ganho-ganho, i.e., the exchange of services for services or for agricultural produce and/or drinks. In the case of cash crops, hiring an external work force is common for these periods. In the north of Zóbuè administrative post the recruitment of casual labour from Malawi for harvesting crops such as tobacco is common a practice. Livestock



Livestock rearing of mainly cattle and goats, plays a predominant role in the socio-economic life of the population of the study area, mainly in Chioco administrative post where there is a strong livestock rearing tradition. Moving northwards towards Zóbuè administrative post, livestock rearing assumes less importance in favour of crop and fruit production. The main livestock species found in the study area include, in order of predominance, goats, cattle, poultry, pigs, sheep and, to a lesser extent, donkeys. Although there are a few large-scale breeders, i.e. with over one hundred head of cattle, livestock rearing is mainly practiced by the smaller-scale family sector farming sector.



For the small-scale breeder, livestock are an important source of wealth and food security. The animals and their products contribute directly and indirectly to food security, through meat, milk and eggs. Additionally, the animals are used for increasing agricultural productivity (through animal traction and the use of manure as organic fertiliser), for transport and also as a source of direct income through the sale of milk and/or live animals. Families that do not possess cultivated fields resort to the sale or exchange of livestock and/or their products for the acquisition of agricultural and other commodities. The disposal of cattle and goats is usually handled by men in the family while women usually deal with the care and sale of poultry. Sales are often conducted locally among neighbouring villages although there are also middlemen who negotiate and barter with livestock owners in order to acquire livestock for sale to other parts of the province and the country. The main constraints for livestock rearing include droughts, tick-borne diseases, lack of infrastructure (e.g. dip tanks and watering places) as well as lack of access to veterinary services and medicines. Use of natural forest and plant resources As in most of the province the use of plant and natural forest resources represents a significant part of a rural household’s consumption and income. This mainly includes the collection, processing and use, for both home consumption and sale, of charcoal, firewood, poles (for construction), medicinal herbs, wild fruits, fibre, honey and timber (for carpentry). Charcoal production for sale is the most important and profitable use of forest resources and is commonly found along the main road from Tete to Malawi. In many cases, particularly along the main roads, firewood and charcoal production are the most important sources of family income generation after crop and livestock production. Mopane (Colophospermum mopane) is the most widely exploited species, particularly for firewood, charcoal production and as a construction material. Maçaniqua (Ziziphus mauritiana) is a widely exploited fruit tree and is sometimes also deliberately cultivated. Commercial activities Trading in Tete province is dominated by the informal sector with numerous small retail establishments, such as kiosks or stalls, being found along the main road from Tete to Malawi. The main products traded derive from agricultural and other family-level activities and include vegetables, fruit, flour, firewood and charcoal. In addition, other products traded are sugar, salt, cooking oil, sweets, soap, radio batteries and bicycle spare parts. Most of these products come from warehouses located in Tete Town. Other products also traded by the informal sector, such as clothes, shoes and fuels, come from Malawi. Other commercial activities are limited to local needs, such as grinding of grain, carpentry and minor repair activities. Energy The vast majority of the rural villages in the study area do not benefit from electricity. Energy for cooking and heating is usually supplied from firewood or charcoal made from local forest resources. For lighting candles and, sometimes, kerosene, is used.



SPECIFIC SOCIO-ECONOMIC CHARACTERISTICS OF THE AFFECTED PEOPLE The vast majority of DPs are family sector subsistence farmers who grow crops and fruit trees and graze livestock on land to be acquired for the ROW. Some of these families live in homesteads located in the ROW while others live outside the ROW but use land within the ROW.. A few families and individuals have also established informal businesses in the ROW, some of which are operated from buildings and other structures. Examples include grinding mills and roadside kiosks. The affected families are mainly concentrated in over 20 villages located along the route of the transmission line and in some cases there are large distances of unoccupied areas between the villages. A few DPs live in isolated settlements. Because the directly affected families and informal businesses are dispersed along the length of the proposed transmission line and do not constitute a single community relocation, where necessary, is expected to be affected over very short distances (i.e. a few metres) and DPs will remain living within their existing communities. Their socio-cultural circumstances are, therefore, not expected to change significantly as a result of relocation. However, socio-economic information about the DPs that is considered to be absolutely necessary to design the resettlement and compensation programme will be obtained during the preparation of the detailed RAP or RAPs. EXPECTED LOSSES DPs living within or close to the ROW will be adversely affected in one or more of a number of ways. No or only a minimal amount of community infrastructure is expected to be affected. Residential land DPs (e.g. families and businesses) with homesteads and other infrastructures in the ROW will forfeit all or part of the land on which their affected houses and other buildings are located as well as small amounts of land immediately surrounding the structures, i.e. all or part of their total homestead or business holding. Occupation and use of the area covered by the proposed ROW is largely opportunistic and land boundaries are not clearly defined. It is thus difficult to determine, at this stage, exactly how much land this would involve, but, from the data obtained from the earlier asset inventory and survey undertaken during 2005, in most cases it is less than 0,5 ha per site. These families or informal business operations will have to abandon all or part of the land that they are using in the ROW. Most households and businesses expressed a preference for having any replacement land allocated close to the abandoned holding or being added on, in a contiguous manner, to the remaining part of their existing land holding that is outside the ROW. Privately owned infrastructure and assets The principal types of assets that will need to be relocated are houses, business premises, such as grinding mill shelter and kiosks (barracas). These structures have been made with locally available natural building materials, such as wooden poles, reeds, mud and clay daub and thatching grass. The condition of most of the structures is generally very poor. Sample photographs of some of the structures are presented in Figure 5.



In most cases DPs will have to abandon the total area of the homestead in the ROW and all associated houses and other structures. In the remaining cases DPs will only be partly affected or displaced, in the sense that they will be required to abandon only some of their structures as the remaining part of the homestead and structures are outside the ROW. During the field survey undertaken in 2005 during preparation of the draft RAP most DPs who have part of their homestead partially within the ROW expressed a preference for relocating, where possible, the affected infrastructure onto the remaining part of their existing land holding that is outside the ROW. Other household infrastructure in the ROW will be affected and will need to be relocated to the new homestead sites. These include: • bathroom and latrine units; which usually consist of flimsy walls made from sticks,

reeds and grass. Although they can usually be easily moved many are in such a dilapidated state that the construction material cannot be used again and will need to be replaced;

• kitchen shelters, made with poles and grass; • livestock pens for goats, cattle and pigs of varying sizes. They vary in construction

material and quality but are mostly made using poles taken from trees in surrounding areas. Although some of these could easily be moved by hand compensation will be provided for these structures; and

• granaries for storing grain after harvest. They vary considerably in size, construction material and quality. Many of the granaries are small (i.e. less than 1 m2 diameter) and made of sticks or reeds. These could easily be moved by hand. Other large granaries are more than 3 m in diameter and cannot be moved by hand. They are commonly made with poles and sticks with a mud-clay covering and are more durable. For consistency all granaries will be compensated for.

Cultivated land Many families living within and outside the ROW have cultivated fields in the ROW. Fields are generally small, mostly less than 0,5 ha. After construction EDM will allow cultivation of short crops to continue within most parts of the ROW, except for a few areas reserved for a permanent cleared strip down the centre line, for access roads and infrastructure. Therefore, as with families living inside the ROW who also have fields in the ROW, any families living outside the ROW who have fields in the ROW will, in most cases, not suffer displacement in terms of cultivated fields. In addition, the common practice of shifting cultivation along the length of the ROW means that many of the existing fields will have been abandoned by the time construction begins and new fields will have been opened up elsewhere, either in other parts of the ROW or outside the ROW. When it is determined, at the time of detailed surveying before construction, that some fields will be interfered with they will be replaced outside the ROW accordingly. Affected families will thus lose part of their existing means of producing crops for food or for selling. At this stage it is not possible to determine the location and extent of such affected fields. Analysis



of the digital aerial photography of the ROW shows that approximately 6 to 7 ha of land is currently being cultivated within the ROW7.

Annual crops The permanent taking of land for project infrastructure, such as pylons, access roads and permanently cleared strips of land within the ROW may cause the loss of any annual crops growing on such land at the time of construction. However, the main cropping season is usually from November or December until March or April so that no crops will be affected if construction takes place between harvesting and the next planting season. If construction takes place during the growing season affected families will be provided compensation for any crops destroyed.

7 This was based on observation that the centre line passes through a total of nearly 8 000 m of currently cultivated fields. Assuming a width of 8 m for the cleared strip then the total area is 64 000 m2 which is 6,4 ha.



(a) Houses (Changara) (b) Cattle pen

(c) House and granary (d) Granary

(e) Building housing a grinding mill (f) House (Zóbuè)

Figure 5 Photographs of typical affected structures



Fruit trees There is a large number of fruit trees within the ROW, many of which will need to permanently abandoned. These mainly belong to people living within the ROW and are usually grown within homestead areas. It is also possible that some families living outside the ROW may lose fruit trees that are growing within the ROW and suffer displacement in this respect. While it may still be possible for some short fruit trees to be grown in the ROW, with the permission of EDM, most families prefer to have their fruit trees close to the homestead. For this reason, fruit trees are considered to be an asset that will need to be removed from the ROW. Business opportunity Requiring people to move out of the ROW is not expected to significantly affect the business advantages enjoyed by informal business in and around the affected areas, since the DPs will be relocated within the same vicinity. Displaced informal businesses will only need to be relocated over very short distances and it is not expected that the businesses will suffer any significant loss of business opportunity provided that replacement structures are occupied before the old ones are abandoned. CATEGORIES AND NUMBERS OF AFFECTED PEOPLE The number and characteristics of the people to be displaced in one way or another by the transmission line is not known will be determined during the preparation of the detailed RAP or RAPs. There are two main categories of DPs. The first includes families and other entities living within the ROW or operating from business premises (e.g. grinding mills and kiosks) within the ROW. These people will have to physically relocate to areas outside the ROW although the distances involved will usually be very small. In many cases such DPs will be able to relocate to other parts of their land holdings that are outside the ROW or to vacant areas nearby. DPs in this category may also lose cultivated land taken within parts of the ROW for project infrastructure and annual crops and fruit trees. Extrapolation of figures obtained during earlier survey work undertaken for the original 55 m corridor suggests that around 130 families (750 people) currently living partly or totally within the 100 m ROW will be displaced. This includes a small number of informal business operators with buildings within the ROW, even though their homesteads may be outside the ROW. The second main category includes those people living outside the ROW who use land within the ROW for other purposes. Possible losses include the loss of cultivated fields in some areas of the ROW taken permanently for project infrastructure, the possible loss of annual crops on such land and the loss of fruit trees growing in any part of the ROW. The number of DPs in this category is not known but is estimated to be about 100 families (580 people). It is therefore estimated that approximately 230 families (1 330 people) in total may be displaced in one form or another.



However, for resettlement and compensation purposes DPs may be better categorised according to the losses that they will incur in the ROW, whether or not they are living within or outside the ROW. These are the loss of: • Infrastructure (e.g. houses, homestead infrastructure and business structures); • Cultivated fields (on land taken permanently for project infrastructure in the ROW –

in most areas of the ROW DPs will be able to continue annual crop production); and • Fruit trees It should be noted that a person, family or entity may be included in more than one of these categories so that DPs may also be categorised by the loss of: • Infrastructure only (plus associated land holding on which the infrastructure is

located); • Infrastructure + cultivated fields; • Infrastructure + fruit trees; • Infrastructure + cultivated fields + fruit trees; • Cultivated fields only (people living outside the ROW); • Cultivated fields + fruit trees (people living outside the ROW); and • Fruit trees only (people living outside the ROW). During the field survey undertaken in 2005 seven vulnerable DPs were identified. With an expanded ROW the number of vulnerable DPs may be expected to increase.



LEGAL, INSTITUTIONAL AND ADMINISTRATIVE FRAMEWORK LEGAL FRAMEWORK Rights to use and benefit from land Land matters in Mozambique are governed by the Land Law (Number 19 of 1997). In terms of the Constitution and the Land Law all land belongs to the State and cannot be sold or, in any other form, alienated, mortgaged or pledged (Article 2 of the Land Law). Land Law Regulations were passed in 1998 (Decree 66 of 1998) to guide the implementation and administration of the Land Law in rural areas but regulations covering urban areas, such as municipalities that have their own property registry services, have yet to be published. The Land Law provides all Mozambican nationals (regardless of gender), corporate persons (e.g. associations and companies) and local communities the right to use and benefit from land (Article 10) and the right may be held individually or jointly. The Land Law recognises the legitimacy of customary law. People who occupy and use land in rural areas, as part of a community and in accordance with customary norms and practices, are deemed to have legal rights to use and occupy the land in question (Article 12). This constitutes a right to use and benefit from land through “occupation”. They may apply for official title to the land (Article 13) but the lack of registration does not affect the land rights of bona fide right holders and they are deemed to enjoy the same benefits as holders of official titles. A title is a document issued by the general property registry services or, in urban areas, the urban property registry services where these exist. It is highly probable that virtually all the occupiers and users of land in the region traversed by the proposed transmission line do not have official title to the land that they occupy and use. People who hold a right to use and benefit from land through “occupation” may also include Mozambican nationals who have been using land in good faith for at least ten years (Article 12), even if this is not being done in accordance with customary norms and practices. Land occupied by local communities, land reserved for one’s own housing and land used for family sector farming and other activities is not subject to a term of occupation. Individuals and associations may also acquire rights to use and benefit from land in both rural and urban areas by “authorisation” (Article 12). Authorisation and title may be granted by competent authorities to applicants for a specific period, usually 50 years, for land that is intended to be used for economic activities (Article 17). The Land Law (Article 22) confers land allocation rights on different levels of Government. In areas not covered by urban development plans Provincial Governors may give authorisation for areas of up to 1 000 ha. In areas covered by urban development plans and which have urban property registry services the presidents of municipal or settlement councils and district administrators (where there is no municipal body) may authorise applications.



Transfer of land and improvements Although land may not be transferred (i.e. sold) and there is no ”land market” per se, holders of land rights are able to transfer improvements, such as buildings and other infrastructure from one party to another by means of a deed, following authorisation from the state entity with jurisdiction over the area concerned (Article 16). In larger urban centres, such as municipalities, the land is automatically transferred to the new owner when the infrastructure (e.g. a house) is transferred by one person or entity to another (Article 16). There is, therefore, a de facto land market in many urban centres. This does not exist in rural areas. Loss of land rights In both rural and urban areas the right to use and benefit from all or part of the land, whether or not official title has been issued and registered, may be revoked and thus extinguished in the public interest, following payment of fair indemnification and/or compensation (Article 18). In terms of the extinguishment of the right of use and benefit from the land the non-removable improvements revert to the State. Although not stated in the legislation, it follows that those jurisdictions that can allocate land rights can also declare land rights to have been withdrawn from an individual, entity or community. The Land Law does not refer to the procedures to be followed when land rights are to be extinguished and it does not refer to the possibility of appeal against the revocation of rights. Compensation for losses Other than stating that compensation should be paid when land is expropriated in the public interest, both the Constitution and the Land Law do not expand on issues related to compensation in terms of the principles, forms, eligibility, valuation, adequacy, procedures, timing and responsibilities. In Mozambique there are no specific guidelines regarding compensation and fairness and the principles and procedures are often drawn up and agreed to among the main stakeholders on a case by case or individual project basis. In recent cases in Mozambique it has generally been accepted that where people are displaced from land the principles of fairness and good practice are applied to compensation and resettlement. For instance, it is usually accepted that replacement land is provided which is, as far as possible, equal to or superior to the land foregone in terms of size, quality and location advantages. Compensation has also usually been paid on the basis of the full replacement cost of lost or displaced assets and has usually covered associated costs, such as transfers, transport, supervision and others. These actions are generally in line with the requirements of the WB OP 4.12.. There is no explicit legal provision for DPs to appeal against levels of compensation or other resettlement measures provided although DPs have final redress to the courts. The WB OP 4.12 requires that such a mechanism exists and this will need to be established. In rural areas the Land Law recognises the role of traditional leaders in planning and conflict resolution. In urban areas there are also well established local mechanisms for conflict resolution amongst communities. Any grievance procedure established for the project will be based on the existing channels and practices.



Partial protection zones According to the Land Law (Article 7), certain land belongs to the public domain and includes total and partial protection zones (PPZs). This includes the land 50 m either side of the centre line of high voltage transmission lines and associated infrastructure (Article 8) which is thus the official ROW. However, for the proposed transmission line the ROW may be limited to a width of 55 m. In PPZs rights of use of and benefit from the land cannot normally be acquired, either through “occupation”8 or “authorisation” (Articles 9 and 10 of the Land Law Regulations). It is, however, possible for special licences to be issued for the exercise of given activities (Article 9 of the Land Law). In terms of Article 8 of the Land Law Regulations, the responsible authority for issuing special licenses for PPZs along transmission line corridors is EDM. In practice this aspect of the legislation is often not fully complied with and people do occupy and use such areas, although such occupation and use is not legally recognised. With respect to the proposed transmission line and the declaration of a PPZ, it follows that the provisions of the Land Law concerning loss of land rights and the provision of fair indemnification should apply to people currently living and/or using land and resources within the proposed ROW. INSTITUTIONAL AND ADMINISTRATIVE FRAMEWORK There is no single agency in Mozambique that is responsible for planning and providing resettlement and compensation in cases where people are involuntarily displaced by development projects. However, it is accepted practice that the developer (i.e. in this case EDM) assumes full responsibility for the delivery of entitlements even though a number of other actors may be involved. Electricidade de Moçambique, E.P. Electricidade de Moçambique, E.P. is a public company with its own legal status and administrative and patrimonial autonomy. It is responsible for transmitting, distributing and supplying almost all electrical power within Mozambique. The principal EDM management body is the Board of Directors. Among other responsibilities, the Board of Directors draws up EDM management policies and co-ordinates the entire activity of EDM. For functional purposes a number of corporate units have been established, one of which is the Electrification and Projects Corporate Unit. Within this unit the Planning Unit is responsible for planning and overseeing the development of new projects. A very small Environmental Unit, within the Planning Unit, is responsible for environmental issues which include social issues, such as resettlement and compensation resulting from the construction of new transmission lines. However, the unit is very small (i.e. currently staffed by one person) and has very limited capacity. It has had little experience in dealing with such issues. For operational purposes EDM has local representatives, including one in Tete city who is responsible for the area through which the new transmission line will be routed. During

8 I.e. by communities occupying the land according to customary practices or by Mozambican individuals who have been occupying the land in good faith for at least ten years.



construction a site supervisor will also be based in Tete to supervise contractors engaged to construct the transmission line. While EDM will have overall responsibility for delivering entitlements to DPs it is clear that it has limited capacity and experience to undertake this task. It is envisaged that this task will be contracted to a local company with previous experience in resettlement and compensation planning and implementation. Local government District governments, each comprising a district administrator and district directors, are the main co-ordinating bodies in a district charged with implementing government policies and programmes. They are currently organised along similar hierarchical lines to the provincial government, although not all line ministries and sectors are represented. District administrators play an important role in advising on and co-ordinating resettlement and compensation exercises. Districts are sub-divided into Administrative Posts, headed by Chefes do Postos.

They work closely with local community leaders. In many areas, especially urban and semi-urban areas, these are the presidents of “localities” and the secretaries of “villages” (aldeias)and local “neighbourhoods” (bairros”). These community leaders are also found in rural areas but here traditional leaders also play an important role. Ministry of Agriculture The National Directorate of Agriculture in the Ministry of Agriculture (MINAG) is responsible for issues related to crop production in general. With respect to resettlement and compensation issues it is often called upon to determine compensation values for crop losses that affected people suffer due to displacement caused by projects. The National Directorate of Geography and Cadastre is part of MINAG. One of its responsibilities is to ensure that the national land policy is implemented. In each province there is a Provincial Service of Geography and Cadastre (SPGC) comprising various sectors: documentation, procedures, topography, surveying and cartography. District Services of Geography and Cadastre have only recently been introduced in a few districts but are absent in most districts.. The responsibilities of the SPGCs include: • drawing up a land-use map (based on title rights) at provincial level and documenting

all the procedures in the process of authorising land use rights. The SPGCs do not authorise or allocate land use and utilisation rights, but simply prepare and channel the respective documentation;

• responsibility for the Land Law and its Regulations, the resolution of disputes, the transfer of land use and utilisation rights and the collection of land use fees;

• registration of community land acquired under customary law and documenting the rights acquired by individual persons under customary law; and

• sharing and providing information relevant to economic planning in the province by supplying information about areas occupied or abandoned. The SPGCs also assist in the preparation of master plans for land occupation in co-ordination with other institutions.



ELIGIBILITY FOR BENEFITS For DPs living in the ROW, displacement may include the loss of residential land and associated infrastructure within the ROW, the loss of fruit trees in the ROW and, in a few cases, the loss of cultivated fields in the ROW needed permanently for project infrastructure. Some DPs that are operating informal businesses within the ROW will also lose the land on which the business structures are located as well as the structures themselves. For additional DPs living outside the ROW the losses may include the loss of fruit trees within the ROW and the loss of cultivated fields in the ROW needed permanently for project infrastructure. In both cases compensation for the loss of annual crops will be paid where standing crops have to be destroyed for the installation of project infrastructure (e.g. pylons, access roads and grass strips) within certain parts of the ROW. To minimise the loss of standing annual crops it is recommended that construction takes place after existing crops have been harvested and before the start of the following planting season. Only DPs with land, infrastructure and assets recorded in the ROW before the cut-off date will be eligible for resettlement and compensation measures. The cut-off date will be the actual date that DPs are given registration cards at the time that the limits of the proposed 100 m ROW are marked on the ground and DPs identified. A possible additional category of DPs eligible for resettlement and compensation measures could include people who, during the construction of the transmission line, suffer unforeseen damage to their property caused by construction teams. This could include, for instance, damage to cultivated fields, fruit trees and, possibly, infrastructure such as fences. For this category of affected people the same compensation principles outlined in this RPF will apply.



RELOCATION, COMPENSATION AND RESTORATION MEASURES ENTITLEMENTS Table 5 is an entitlement matrix indicating the entitlements that each DPs will be awarded. Land currently being used or occupied Since it is not possible in Mozambique to pay cash compensation for rural land DPs will be provided with replacement land. This is in line with the requirements of WB OP 4.12. As the affected areas are generally not heavily populated there is a considerable amount of vacant, unencumbered land close to the ROW and the affected sites. In all cases it will be possible to provide replacement land close to the land that has to be relinquished and, in most cases, this can be added on to the DPs remaining land holding outside the ROW. Replacement will be done on a land-for-land basis, i.e. the replacement land will be the same area as the abandoned land. Because the relocation distances involved will be very small it should be possible to find replacement land that is at least equal to the area foregone and of equal or better quality. For the expected few families that will be required to abandon existing cultivated fields or parts of fields that will be permanently acquired for project infrastructure within or outside the ROW, they will be provided with replacement land. During the field survey undertaken in 2005 as part of the preparation of the draft RAP (July 2005) community members and leaders indicated that, for most cases, additional arable land was available in the immediate vicinity and that there should be little difficulty in allocating replacement fields to DPs. Assistance will also be provided by the project to clear and establish new fields, within any replacement land area outside the ROW. Assistance will be in the form of clearing vegetation and preparing the land (i.e. with a tractor, if necessary or by hand). The areas involved are small and land clearing and preparation should not constitute a major exercise. Whenever possible, affected families should be given sufficient time to harvest their present crops and should not be required to abandon any affected fields until the replacement fields have been cleared and prepared. All replacement fields must be cleared and prepared before the onset of the first rains, which normally begin in November or December, to allow farmers to plant crops as normal. Privately owned infrastructure All affected structures will be replaced at the expense of the project. EDM (or a suitable agent, such as a local NGO) appointed by EDM) will provide all equipment and materials for building replacement houses, business premises and other structures for eligible DPs. No cash compensation will be paid. Actual construction will be undertaken by locally recruited teams engaged by EDM or its agent and supervised by EDM or its agent. However, local labour will be used in order to afford DPs and other local people the opportunity to benefit from wages for their labour. Building materials will also be purchased from local inhabitants (including DPs) where possible. The construction teams will work in close co-operation with



the DPs to ensure that the replacement structures are in accordance with the specific requirements of the DPs. Replacement structures will be of similar design and size to the structures that they are replacing. It is recognised that a degree of flexibility is needed to ensure that the best possible outcome is achieved.




Table 5 Entitlement matrix

ENTITLEMENTSLOSS OF INCOME OR FOOD SOURCES

CATEGORYOF

DISPLACEDPEOPLE

TYPE OF LOSSLOSS OF LAND LOSS OF

STRUCTURES Loss of annual crops Loss of fruit trees andperennial crops

Loss of businessopportunity

MOVING OTHERS

People living inor using landthe in ROW

Loss of residential landor business site

Replacementresidential or businesssite of equal area, (i) asclose as possible toaffected site for totalloss or (ii) contiguousto unaffected portionfor partial loss (as faras possible)

n/a n/a n/a n/a n/a Clearing andpreparation ofreplacementsite by theproject

Loss of productive landtaken permanently forproject infrastructure(e.g. pylons, accessroads and clearedstrips)

Replacement fields ofequal area and similarquality, as close aspossible to new orremaining homestead

n/a None if construction oftransmission line totake place betweenharvest and nextplanting seasonOtherwise cashcompensation based onthe

Cash compensationbased on value ofestimated yield forproductive lifetime ofthe trees or perennialcrops

n/a n/a Clearing andpreparation ofreplacementfields by theproject

Loss of shelter(houses), otherhomestead structuresand assets or businesspremises

n/a Replacement housesand other structures tosame or better standardas affected structures(families to be paidcash for any labourinput)

n/a n/a No losses if newbusiness structuresoccupied beforeaffected structures arevacated

Transportprovided byproject to movefurniture andequipment, asnecessary



This approach is favoured over providing cash compensation or replacing materials only for a number of reasons. Firstly, by undertaking the construction itself, EDM (or its agent) would ensure that each DP has actually been provided with replacement shelter and business premises before being required to vacate the affected buildings. Secondly, in many cases EDM or its agent will be able to construct the houses and other buildings to a better standard than many of the DPs would be able to do. Thirdly, for some DPs the acquisition of some materials could be problematic. Although the abandoned structures will need to be destroyed, the DPs will be able to salvage the materials for their own use Community infrastructure Because DPs will probably only need to relocate over very short distances they will continue to use and have access to the social and public services and facilities that they currently use. This applies to water supplies, schools, health services, shops, transport services and other community services, such as religious groups. However, in certain cases it may prove necessary to provide replacement social infrastructure (e.g. community water supplies) to relocated DPs. This will have to be determined on a case by case basis during the preparation of the detailed RAP (or RAPs). Annual crops Wherever possible clearing of vegetation for project infrastructure in the ROW should take place during the dry season after crops have been harvested (by March) and before the new planting season commences in November. If this is the case no standing crops will need to be abandoned or will be destroyed. Because the previous season’s crops will have been harvested and because any DPs who will lose one or more cultivated fields will be provided with replacement fields before the start of the cropping season, there will be no necessity to provide compensation (in cash or kind) for the loss of annual crops. Families will continue to use their food reserves accumulated from the previous season until they harvest the first crops from any replacement fields. In cases where clearing of vegetation for project infrastructure has to take place when crops are growing in the field compensation will be paid to the DP. Compensation may be in cash or kind (e.g. grain) depending on the preference of the DP which will be determined at the time of the asset inventory. Fruit trees The loss of existing fruit trees will be compensated for through the payment of cash. Business opportunity During the actual relocation process there could be a very small amount of disruption to businesses required to relocate over very short distances. Such disruption will be minimised or eliminated because no business will be required to move until the replacement infrastructure has been completed and is ready for use. Other measures



The distances over which people will be expected to move are likely to be very small, often no more than a few metres. It should not, therefore be necessary to provide displaced family and business units with transport to move people and livestock. However, it may be necessary, in some cases, to provide transport for moving furniture and other goods. This will depend on individual circumstances. Transport will be provided, where necessary, by the project. Once the DPs have relocated to outside the ROW, it is proposed that EDM or its agent locates and maps all remaining fields and other activities within the ROW. While these fields and activities may not pose an immediate threat to the safe operation of the transmission line there may be need to relocate some of these in the future development projects and activities. Each user of the ROW should be issued with a permit, with necessary conditions, to use the land in the ROW. Such a permit would be renewed annually until EDM requires that the land be vacated for safety, expansion or development purposes. Arrangements for possible relocation and/or compensation would be made on the same terms as those contained in the detailed RAP (or RAPs) prepared for the project. Many of the DPs, including family members, because they will still be living close to the proposed transmission line will still be in a position to obtain temporary jobs with construction teams constructing the line. This will provide them with additional income and assist them to improve their livelihoods. Damage caused during reconstruction work Construction activities may also cause some additional temporary or permanent damage to land and assets that cannot be identified or quantified during detailed RAP preparation. An example might be construction workers trampling crops or vegetables while accessing particular construction sites. Wherever possible, the construction team/contractor will repair the damage to the satisfaction of the affected person. Affected persons with a claim will be required to complete a compensation claim form and submit it to the construction team/contractor. The construction team/contractor will then negotiate the required compensation measures which may include repairing the damage or payment of compensation in cash or kind. Payment of compensation should be effected within one month of submission of the claim form. Assistance to vulnerable people Special assistance, on a case by case basis, will be provided to vulnerable households identified during the census of DPs and to others that may be identified during the detailed planning exercise before construction commences. Social impacts of resettlement DPs are each part of the individual local communities in which they currently live or operate. As DPs will not be moving very far they will continue to remain within their respective communities and there are unlikely to be any significant social impacts associated with the relocation exercise. It is not foreseen that there will be any major issues related to integration into the host population.



VALUATION OF AFFECTED ASSETS Privately owned infrastructure Although compensation will not be paid in cash for infrastructure the replacement costs for different types of infrastructure will be determined during the preparation of the detailed RAP (or RAPs) in order to provide an estimate of the cost to the project of replacing the infrastructure. Replacement costs should be based on estimates (on a square metre basis) supplied by local NGOs or building contractors for constructing different types of structures. The estimated rates will then be applied to each affected structure identified and surveyed during the asset inventory exercise. Land clearing The project will cover the cost of clearing replacement sites for homesteads. To enable DPs who are required to abandon small areas of cultivated fields in the ROW to maintain or restore their livelihoods, the project will assist with clearing and preparing replacement fields with areas equal to the fields abandoned within the ROW. During preparation of the detailed RAP (or RAPs) estimated land preparation costs should be obtained from local contractors. Actual costs will vary according to local conditions, such as the amount of vegetation to be cleared and the nature of the terrain. Wherever possible local people (including DPs) should be given the opportunity to clear vegetation and prepare new fields, for which they should receive cash income determined at the minimum wage. Fruit trees and annual crops Cash compensation will be paid for fruit trees abandoned within the ROW. They will be compensated on the basis of the loss of production and the consequent loss of income accumulated over the period required for the new trees to grow and mature. The potential loss of income is derived from the local market price per unit of the fruit (e.g. USD/kg) multiplied by the average annual yield (e.g. kg per year) and multiplied by the time that it takes the tree to become productive (number of years). These parameters are highly variable from one location to another, but is necessary to use a generalised rate as a starting point. During the actual determination of compensation it will be necessary to take into account local factors. For instance, an affected fruit tree at a particular site might be unusually high yielding and should, therefore, be compensated for at a higher rate than the generalised rate would allow for. Compensation for any loss of annual crops destroyed during vegetation clearing and construction cropland and vegetable gardens will be determined on the basis of the production potential and the local market value of the crop over the period of temporary displacement, e.g. one season or one year. The respective Provincial and District Directorates of Agriculture annually estimate the replacement values of crops and fruit trees for compensation purposes and they should be consulted to modify the generalised figures, if necessary, to suit local circumstances. Other measures



The project will provide transport to assist DPs move heavy items of furniture and equipment over short distances. This will require the transport vehicles to travel long distances to get from one DP site to another.



IMPLEMENTATION AND DELIVERY OF ENTITLEMENTS Each RAP document will provide details on implementation arrangements and responsibilities for the RAP. Implementation of the RAP will primarily involve, where applicable, physical allocation of replacement land, construction of replacement houses, businesses and other structures, preparation of replacement residential and crop land and payment of compensation for fruit trees. INSTITUTIONAL ARRANGEMENTS Overall responsibility for implementation of the relocation and compensation component of the project will rest with EDM in Maputo as the project proponent. However EDM, specifically its small Environmental Unit, does not have the capacity to implement the RAP and it is proposed that EDM contracts a suitably experienced local company or NGO (i.e. Resettlement Contractor – RC) to implement each RAP. Actual implementation will be undertaken by this RC working together with the DPs, community leaders, local authorities. Local NGOs and contractors.. Because the DPs are widely dispersed along the transmission line route it might prove difficult and impractical to have a representative of the DPs on the RSC although this should be achieved if at all possible. One possibility would be to form Segment Committees for each section of the transmission line with the leader of each committee as a member of the RSC. No transmission line construction work (or activities that will cause displacement) on a specific affected site will take place until all entitlements (including physical relocation, if any) are delivered. FINAL AGREEMENT ON ENTITLEMENTS Detailed determination of entitlements Following the marking on the ground of the centre line of the transmission line and the limits of the ROW, the SIT of the RC will carry out a detailed inventory of affected infrastructure and other assets at each affected site and record these in an affected assets register. This information will be used to determine the exact amount of materials, equipment and labour needed to replace the affected infrastructure and assets. On the basis of this detailed inventory final negotiations concerning entitlements and values will be conducted by the RC and costs determined. Final entitlements will be approved by the RSC for each district and should not differ considerably from the estimates contained in the RAP. Entitlement agreement contracts For each DP the entitlements (i.e. compensation and relocation measures) should be recorded on an entitlement contract form which should be signed by the relevant DP, the supervisor of the RC and the chairperson of the RSC. Details of entitlements due to each DP should then be entered in an affected asset register against the name of the recipient.



Where the RC and a DP cannot reach agreement on entitlements due to a DP, either party will be able to bring its grievance to the DRC in the first instance. Where the DRC is unable to satisfactorily resolve any grievance the aggrieved party will then be able to appeal to the RSC, with final redress to the courts.



REPLACEMENT LAND AND RELOCATION Selection and allocation of replacement land Replacement land is expected to be found contiguous with or close to the original affected site but outside the ROW. Actual site selection will be undertaken by a team comprising staff from the relevant District Administrator’s office, the District Directorate of Agriculture (for both quality selection and boundary mapping), the DP and the local community leadership (including any traditional leaders, if available). Once the replacement land has been selected and agreed to, EDM should apply through the relevant local authority for the land to be officially allocated to the beneficiary. As all of the replacement land will be in areas where land issues are governed by customary norms and practices suitable allocation arrangements will have to be made with the local administrative and traditional leadership. Land planning and preparation Before any person or entity to be physically relocated is displaced from the ROW the RC, on behalf of EDM, will ensure that any necessary or agreed land survey, land planning and land preparation work is completed. Such land preparation may, for example, include land clearing, ploughing, demarcation and construction of access roads or tracks. Replacement infrastructure The RC will be responsible for constructing new houses and other buildings to replace those that will be abandoned within the ROW. Actual work will be done by local NGOs or contractors. Where practical affected DPs and their family members will be hired during construction to ensure full participation of the DPs and to provide them with a small amount of additional income. As far as possible, building materials will be sourced locally. Relocation to replacement land The RC will be responsible for assisting the DPs that are required to relocate to alternative land with transport to move furniture and other assets to the new site. No DPs or entities will be required to move to a new site unless any necessary infrastructure, as agreed in the RAP and on the entitlement agreement forms, has been constructed satisfactorily. People entitled to be physically relocated will have to be relocated to the new site at least one month before reconstruction activities at the particular affected site can commence, or in accordance with some other time period agreed with the DPs. COMPENSATION Compensation details will be determined during the preparation of each individual RAP. Payment of compensation Compensation for loss of fruit trees will be paid to the beneficiaries at least one month before reconstruction activities commence, or in accordance with some other time period agreed with the DPs. The RC will be responsible for paying each beneficiary compensation in



accordance with the agreed entitlements listed in the entitlement contract forms and the main asset and award register. Compensation will be provided as cash or a cheque according to the preference of the beneficiary. Compensation for unforeseen displacement and damage The construction activities may lead to small amounts of additional displacement not foreseen during the preparation of the RAP. Construction activities may also cause some additional temporary or permanent damage to land and assets that cannot be identified or quantified during RAP preparation. An example might be construction workers trampling crops or vegetables while accessing particular construction sites. In such cases, affected parties will be required to complete a compensation claim form and submit it to the RC or the transmission line construction contractor. The contractor will then negotiate the required compensation measures, based initially on the standard unit values determined during RAP preparation, and then obtain agreement from the RSC. Payment of compensation will be effected within one month of submission of the claim form. CONFIRMATION OF RECEIPT OF ENTITLEMENTS Each beneficiary will be required to sign on the original entitlement agreement form, confirming receipt of the entitlement, whether as physical relocation or compensation in cash for fruit trees. The entitlement receipt form will also be signed by the RC and witnessed by a representative from the local authority (e.g. the District Administrator) or by the local or traditional leadership. PROGRESS MONITORING AND REPORTING Throughout the implementation process the RC will be required to keep records of all progress and to submit regular reports to the EDM Environmental Unit. The EDM Environmental Unit will verify that the progress report is a true record. The interval of progress report submission will need to be determined but should probably be monthly. TIME SCHEDULE In accordance with the suggestion that a number of RAPs be produced for various segments of the transmission line route it is most probable that each RAP will be implemented independently and in sequence. The exact time schedule for implementation should be detailed in each RAP. The total time for implementing all the RAPs should not exceed six months.



COMMUNITY PARTICIPATION AND GRIEVANCE PROCEDURES COMMUNITY PARTICIPATION During the field survey exercise the project, the need for land acquisition for the ROW, the need for relocation and the prospect of compensation were explained to the affected communities. Because the affected people and the general local communities have high expectations regarding the benefits of constructing the transmission line, particularly with regard to obtaining employment during construction, there is generally a good spirit of co-operation and there appears to be little resistance by affected people to relocating elsewhere. This is reinforced by the fact that it is likely that relocation would be over very short distances. Because the affected households and businesses are spread along the length of the ROW it is difficult to deal with a single community or community representative body. Nevertheless, it is proposed that, for the time being, the conventional mechanism for communicating with the affected parties should be continued, i.e. the district administers interact with the affected persons through the already well established channels that are operating in districts. It is also important that the local communities, and DPs in particular, are involved in the final planning and implementation of the RAP. This will include DPs being involved in selecting alternative relocation sites and in constructing replacement infrastructure. GRIEVANCE MECHANISMS AND PROCEDURES During implementation various issues might be encountered by DPs. In order to resolve concerns that may occur at any time during RAP implementation effectively and quickly a grievance redress system will be set up by the Dispute Resolution Committee (DRC), with assistance from the RAP implementation team. DPs will be handed a letter notifying them about such a mechanism. Under the proposed grievance procedure if a DP is dissatisfied with a relocation or compensation measure or the delivery of entitlements, he or she could voice a complaint in the first instance to DRC through the local administration (e.g. Chefe de Posto or District Administrator) or through his or her local representative. The DP will require an answer within a stated period, e.g. fourteen days. Appeal could then be made to the RSC. DPs will have final redress to the courts.



MONITORING AND EVALUATION In terms of the requirements of the WB, during compensation and relocation implementation, and possibly for some time afterwards, both internal and external monitoring and evaluation exercises should be carried out in order to monitor progress and ensure that DPs are adequately catered for and are left in a position no worse off than they were prior to sub-project commencement. However, because DPs are widely dispersed along the ROW monitoring and evaluation would need to be undertaken for nearly every individual DP in order to be able to draw accurate conclusions. Such an exercise would present practical and logistical difficulties. However, monitoring and evaluation should be part of, or be closely aligned to, the monitoring and evaluation process agreed to for monitoring of other environmental impacts in terms of the project EIA prepared in May 2004. For internal monitoring the RAP implementation team will be required to submit regular reports to the EDM Environmental Unit outlining progress in relation to targets and delivery of entitlements. The monitoring should address the following: − delivery and usage of compensation and relocation entitlements; − allocation of replacement land and residential plots, where applicable; − reconstruction of new houses and other infrastructure, where applicable; − compensation awarded for fruit trees − compensation measures applied to cater for damage during construction activities; − reported grievances and action taken; − meetings with officials and DPs; − problems encountered and action taken; and − general issues related to the success of the compensation and resettlement exercise. External monitoring and evaluation should be conducted through WB missions deployed to monitor and evaluate the overall Matambo to Phombeya transmission Line Project. The main objective will be to determine whether the objectives of the resettlement (compensation, relocation and rehabilitation) have been achieved and to assess, to the extent possible, implementation of resettlement and the restoration of the livelihoods of DPs. The external monitoring and evaluation exercise should include, but not be limited to, evaluation of: − implementation progress; − compensation and resettlement policies; − delivery of entitlements, including replacement land where applicable; − changes in livelihoods and incomes among DPs; and − consultation with and participation of DPs and other stakeholders.



ESTIMATED COSTS Estimated costs for preparation of detailed RAPs for the project are included in Table 6. Detailed costs for implementation of the RAPs can only be determined during RAP preparation. However, an indicative cost for implementation, based on recent similar resettlement exercises undertaken in Mozambique have been included in Table 6. Table 6 Estimated costs for preparing and implementing resettlement action plans ITEM COST (USD) RAP preparation costs (Resettlement Contractor – 3 months) 100 000 Supervision of RAP implementation - Delivery of entitlements, supervision of NGOs and local contractors (Resettlement Contractor – 6 months)

100 000

Clearing and preparation of residential sites and new crop fields – 20 ha @ USD 200 per ha

4 000

Replacement houses – 5 000 m2 @ USD 10 per m2 50 000 Replacement of other structures – 2 000 m2 @ USD 8 per m2 16 000 Cash compensation for fruit trees – 10 trees per family @ USD 80 per tree for 230 families

184 000

Transport of furniture and equipment – USD 20 per family for 130 families

3 000

Assistance to vulnerable people – 20 people @ USD 50 1 000 Internal M&E 2 000 External audit and evaluation 5 000 Sub-total 465 000 Contingency – 20% 93 000 TOTAL 558 000

The total estimated preparation and implementation cots is USD 558 000 including a 20% contingency. The cost per displaced family or business entity (estimated 230 units in total) is around USD 2 400.



APPENDIX 1

METHODOLOGY USED FOR THE PREPARATION OF A DRAFT RESETTLEMENT ACTION PLAN IN JULY 2005

Data collection and review Relevant Mozambican policies, legalisation and guidelines were reviewed to understand and record their implications for dealing with DPs that would have to be relocated from areas within the original 55 m corridor. Reference was also made to a number of policy and guideline documents on environmental and social impact assessment and involuntary resettlement from MICOA and the WB. The preparation of the draft RAP was also guided by several examples of RAPs prepared for WB supported projects in other parts of Mozambique and the southern African region. Findings and data contained in the EIA were reviewed and, where applicable, summarised in the draft RAP. Identification of affected settlements, structures and land uses Using geographic information system (GIS) computer software, settlement clusters, large infrastructure, such as houses, other homestead structures, cultivated areas and other types of land use, were identified on the digital aerial photography in relation to the proposed 55 m corridor which had been marked on the photography. This provided an estimation of the nature, location and magnitude of affected structures and land use practices for planning the field survey exercise. Field work Preparation for fieldwork included the design and production of survey instruments, such as socio-economic survey questionnaires and asset inventory forms. Field survey work commenced on 26 April, 2005, starting at Matambo substation, and was completed by 2 May near Zóbuè. The survey team consisted of a socio-economist team leader and field enumerators. Meetings were held with the local authorities for the various jurisdictions encountered along the line. Land, asset and socio-economic survey The purpose of the field survey was to: • determine who (individuals, households and entities) will be potentially displaced

(physically, economically or socially); • determine the nature and extent of potential displacement; • complete an affected asset inventory form for each potential DP (or entity); • compile a preliminary register of potential DPs (or entities) and their affected assets;

and • conduct, in tandem, a simple socio-economic survey to provide information on the

socio-economic circumstances of the affected population to assist in appropriate relocation and compensation planning and to provide baseline data for any future monitoring and evaluation.



Eighty survey questionnaires and asset inventory forms were completed. Four affected homesteads in Moatize district that were identified on the aerial photography could not be visited due to inaccessibility. This fact was conveyed to the relevant district administration which has undertaken to visit the homesteads in the near future to inform the inhabitants of the project and the possible need for relocation. A reference number was assigned to each affected household or entity. For each affected homestead the map co-ordinates were obtained using hand-held geographical positioning system (GPS) units and recorded on the asset inventory forms. Measurements of affected houses and other structures were taken. Photographs of affected structures were also taken. In each case a note was made of whether or not an affected household also had cultivated fields (machambas) within the 55 m corridor. However, the areas of affected fields were not measured for two main reasons. Firstly, shifting cultivation is common practice in the project area with fields being cultivated for a few years before being abandoned for a much longer period before being re-cleared of vegetation and ploughed once again. Thus, by the time that construction of the transmission line begins it is likely that many of the existing fields in the corridor will have been abandoned and new ones opened up. Secondly, it is likely that EDM will allow crop production to continue within most parts of the corridor which will avoid the need to relocate most of the affected fields. For the sane reasons, no attempt was made to count, measure and record other fields in the 55 m corridor belonging to people who reside outside of the corridor. Database of socio-economic data, displaced persons and affected land and assets. On completion of the field survey the collected data were collated and entered into a database (i.e. Excel spreadsheet) and a simple analysis performed. The database, as well as photographs of affected infrastructure (together with the relevant reference numbers), is available on compact disc and has been lodged with EDM in Maputo. Using the GIS software, the location and reference number of each affected household or entity was marked onto the digital aerial photography. This has also been recorded onto compact disc and lodged with EDM. These aerial photographs thus constitute maps showing the location of affected households, infrastructure, cultivated fields and other assets in relation to the transmission line. Figure A! is an example of a print-out of part of the photo-map9.

Resettlement measures and compensation characteristics Criteria for the eligibility of DPs were established and the potential DPs confirmed. Alternative packages for relocating and/or compensating DPs were developed and reviewed and the most practical and relevant decided upon. A methodology for valuing losses other than land and other entitlements was devised to provide an indication of the replacement costs involved. Arrangements for confirming and then delivering entitlements were devised.

9 More than 80 A4 size pages would be needed to display the photo-map of the entire length of the transmission line at a practical scale so that they were not included in the draft RAP document of July 2005.



Impacto, Lda – Projectos e Estudos Ambientaisiii



Impacto, Lda – Projectos e Estudos Ambientaisiv

Figure A1 Example of print-out of photo-map of part of the original 55 m corridor, showing location and identification of affectedhouseholds



APPENDIX 2

SUGGESTED STRUCTURE OF THE DRAFT RESETTLEMENT ACTION PLAN The following is a suggested structure for a draft resettlement action plan (RAP) which is prepared on the basis of the resettlement policy framework (RPF). The Resettlement Contractor (RC) should constantly refer to World Bank (WB) Operational Procedures for Involuntary Resettlement (OP 4.12) to ensure that all of the requirements for a RAP are included in the RAP. Where certain requirements are not applicable to the particular situation this should be clearly stated. Introduction • provide a brief section on the project and the background to project, referring where

possible to the introduction contained in the RPF; • refer to the guiding principles of the RPF; • summarise the results of the environmental and social screening exercise; • briefly describe how the RAP has been prepared, who has prepared it and the roles of

the various actors; and • list the procedures for RAP review and approval. Description of the project • briefly describe the project; • list the project components; • describe the project components that are expected to lead to the need to acquire land

and affect assets and livelihoods (i.e. displacement) and the zone(s) of impact; • describe the efforts during planning to minimise displacement and provide the results

of these efforts; and • with reference to the RPF, list any additional basic objectives and principles. Extent and nature of potential displacement • outline the results of the baseline socio-economic survey or census undertaken; • give details of the population (or other entities) to be potentially displaced or affected

by the project together with details of potential losses (displacement) expected to be incurred;

• identify and list different categories of displaced persons (DPs), in accordance with the guidelines provided in the RPF. Explain the selection of categories;

• list the results of consultation with DPs concerning the results of the surveys and census; and

• describe the procedures for updating survey and census results. Legal framework for compensation and resettlement • describe any legal or regulatory issues pertaining to land rights, compulsory land

acquisition, compensation, resettlement and grievance mechanisms that may differ to those described in the RPF.



Eligibility criteria for different categories of displaced persons • define a DP and entity (e.g. groups, businesses and public bodies); • describe the compensation and/or resettlement entitlements (packages) for each

category of DPs, including additional allowances (e.g. for inconvenience, disturbance and “intangibles”) – include an entitlement matrix showing the entitlements proposed for each category;

• for replacement land allocations, where applicable, provide details of quality and quantity of allocation; and

• list cut-off dates, including measures for applying cut-off dates to late additions to the list of DPs.

Valuation of assets • with reference to the general method described in the RPF, describe the procedure to

be used for inventorying assets immediately prior to or during implementation, specific to the project and its location;

• describe the method for valuing assets (e.g. replacement cost, market value, standard unit rates) and other forms of displacement, specific to the project and its location; and

• describe the method for determining values and standard unit costs for each type of asset, specific to the circumstances and location of the project. Include institutional responsibilities.

Resettlement sites (if applicable) • discuss the availability of replacement land; • identify potential (alternative) resettlement sites or replacement land, giving the

results of any surveys and investigations undertaken; • describe any consultations undertaken in relation to selection of alternative

resettlement sites or replacement land; and • record the acceptability or otherwise to DPs and local authorities of alternative

potential resettlement sites or replacement land. RAP implementation and delivery of entitlements (procedures and institutional responsibilities) • where applicable reference need only be made to the RPF; • explain how implementation of the RAP will be integrated into implementation of the

overall project (e.g. civil works); • with reference to the general procedure described in the RPF, describe the project

specific procedure to be used for obtaining a detailed and final inventory of affected land and assets belonging to eligible DPs (and which will form the basis for determining and negotiating final entitlements);

• describe the method to be used to obtain a final valuation of each eligible DPs affected assets and for determining and negotiating each individual entitlement package;


Impacto, Lda – Projectos e Estudos Ambientais iii

• explain how agreement will be reached with each eligible DP concerning the total profile of eligible losses and on the entitlement offer (compensation and/or resettlement) and how acceptance of this will be recorded;

• list the project specific procedures and responsibilities for selecting, surveying, planning and allocating replacement (resettlement) land, where applicable;

• describe the procedures and responsibilities for constructing replacement infrastructure (e.g. houses) on replacement (resettlement) land;

• explain any land tenure arrangements to be made with respect to replacement land • describe the process and responsibilities for physically transporting individuals and

their assets to replacement land (e.g. resettlement areas); • describe the procedures and responsibilities for providing any resettlement and

development assistance to relocated DPs; • describe the method and responsibilities for actual delivery of compensation,

including replacement of assets (including replacement houses on replacement land, where applicable) and payments in cash or kind;

• describe the method and responsibilities for handling additional, unforeseen losses of and damage to land and assets during construction and compensation claims in respect of such losses and damage;

• describe the method for obtaining confirmation of receipt of entitlements by DPs; • outline the steps and responsibilities for monitoring and reporting implementation

progress; and • include a timetable for implementation (together with those responsible for each

activity) and relate this to overall sub-project implementation. Consultation and participation • with reference to the RPF provide any specific details of measures to be taken to

ensure consultation with, and participation of, DPs and other affected parties in the planning and implementation processes; and

• in addition to that contained in the RPF describe any specific methods available to DPs for bringing forward complaints and grievances and the procedures for resolving them.

Monitoring and evaluation • describe the procedures and responsibilities for internal monitoring of the resettlement

exercise. If there are no major changes to those described in the RPF, then reference need only be made to the RPF; and

• for external evaluation, reference to the arrangements agreed in the RPF need only be made.

Budget and cost estimates • provide a detailed breakdown of all costs associated with implementation of the RAP

and delivery of entitlements, showing who is responsible for providing funds and when.

ELECTRICIDADE DE MOÇAMBIQUE, EP · MOZAMBIQUE – MALAWI INTERCONNECTION SUBMITTED BY: IMPACTO Lda...

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