Mozambique - Additional Financing for the Water Services and Institutional Support Project : resettlement plan : Resettlement policy framework

RP1578 MOZAMBIQUE WATER SECTOR SERVICES AND INSTITUTIONAL SUPPORT PROJECT Resettlement Policy Framework April 2, 2007  WASISP - Resettlement Policy Framework List of Abbreviations ACGF Africa Catalytic Growth Fund AdeM Aguas de Moqambique AIDS Acquired Immunodeficiency Syndrome APIE Administration for State Property / ad minis trap?^ do Parque de Imobilihrio do Estado BP Bank Policy CBO Community based organization CI Communication and Image Office / Comunicap?~ e Imagem CRA Water Supply Regulatory Council / Conselho de Regulaqclo de Abastecimento de kgua EA Environmental Assessment EIA Environmental Impact Assessment FIPAG Water Supply Assets and Investment Fund 1 Fundo de Investimento e Patrirndnio de Abastecimento de kgua GI S Geographic Information System GOM Government of Mozambique HIV Human Immunodeficiency Virus IDA International Development Association IDA International Development Association LAA Land Acquisition Assessment MAE Ministry of State Administration / Ministirio de Administraqclo Estatal MC Municipal Council / Conselho Municipal MCC Millennium Challenge Corporation MDG Millennium Development Goal MICOA Ministry for Coordination of Environmental Affairs / Ministerio para Coordenaqclo de Ac@o Ambiental MISAU Ministry of Health / Ministirio de Saude MOPH Ministry of Public Works and Housing / Ministirio das Obras Publicas e Habitaqclo NGO Non governmental organisation NWDP National Water Sector Development Project O&M Operation and maintenance OP Operational Policy PARPA Plan for Reduction of Absolute Poverty 1 Plano de Reducclo de Pobreza Absoluta RAP Resettlement Action Plan RC Resettlement Committee RPF Resettlement Policy Framework SIA Social Impact Assessment SWAP Sector wide approach us United States WASIS Water Supply Services and Institutional Support project  WASISP .Resettlement Policy Framework Table of Contents I. EXECUTIVE SUMMARY ................................................................................................................ I 1 . INTRODUCTION ............................................................................................................................1 2. PROJECT DESCRIPTION .............................................................................................................. 1 3. POTENTIAL IMPACTS OF THE PROJECT ............................................................................... 5 4 . PRINCIPLES AND OBJECTIVES GOVERNING RESETTLEMENT POLICY FRAMEWORK PREPARATION AND IMPLEMENTATION ............................................... 6 . 5 THE PROCESS FOR PREPARING AND APPROVING RESETTLEMENT AND/ OR COMPENSATION PLANS .............................................................................................................. 9 6. ELIGIBILITY CRITERIA FOR DEFINING CATEGORIES OF IMPACTED PEOPLE .....15 . 7 LEGAL FRAMEWORK: A REVIEW OF THE LAWS AND REGULATIONS OF MOZAMBIQUE AND WORLD BANK POLICY REQUIREMENTS AND THE PROPOSED MEASURES TO BRIDGE THE GAPS BETWEEN THEM .................................................... 19 8. METHOD FOR VALUING AFFECTED ASSETS ..................................................................... 25 9. ORGANISATIONAL PROCEDURES FOR DELIVERY OF REQUIREMENTS .................. 28 10. THE IMPLEMENTATION PROCESS LINKING RESETTLEMENT IMPLEMENTATION AND CIVIL WORKS ...................................................................................................................... 31 11. GRIEVANCE REDRESS MECHANISMS ................................................................................ 33 12. ARRANGEMENTS FOR FUNDING RESETTLEMENT ........................................................ 36 13. THE MECHANISMS FOR CONSULTATION AND PARTICIPATION OF PROJECT AFFECTED PEOPLE IN PLANNING. IMPLEMENTATION. AND MONITORING ..........37 14. MONITORING AND EVALUATION ARRANGEMENTS..................................................... 39 15.APPENDICES ................................................................................................................................ 42 15.1 LIST OF FUNCTIONS OF THE OFFICER RESPONSIBLE FOR RESETTLEMENT l N THE ENVIRONMENT UNIT ...................................................................................................................................... 42 15.2 LIST OF PEOPLE CONSULTED DURING R P F PREPARATION ........................................................44 1 5 . 3 R A P m SITUATION ASSESSMENT OF BEIRA. NAMPULA. PEMBA & QUELIMANE CITIES FOR R P F ................................................................................................................................................ 4 5 15.4 LAND USE ASSESSMENT FORM (FOR LAND USE ACQUISITION) ................................................5 0  WASISP - Resettlement Policy Framework WATER SECTOR SERVICES AND INSTITUTIONAL SUPPORT PROJECT MOZAMBIQUE Resettlement Policy Framework I. Executive Summary The Water Supply Assets and Investment Fund (FIPAG) is preparing a Water Sector Services and Institutional Support (WASIS) project under the Second National Water Development Project (NWDP 11) with financing through FIPAG from an ACGF grant and an IDA credit over approximately fivdisplacede years to increase water supply coverage in the four cities of Beira, Nampula, Quelimane and Pemba, provide capacity building and institutional support to fill the gap in sector strategy for smaller cities and towns, and support on-going efforts to establish a SWAP for rural water supplies. This Resettlement Policy Framework (RPF) will provide guidelines for the life of the project. Main WASIS project activities of relevance will help consolidate gains made by FIPAG and supported by the Water Supply Regulatory Council (CRA) in NWDP I1 by building on institutional strategies and policies to expand networks and distribution in the short term. By serving more consumers and by improving its operational performance FIPAG's financial position will strengthen and this will also create improved business opportunities for private sector operators. By further investing in distribution and increasing coverage a further 2.4 million people may be served, and together with improvements to service reliability and quality the water services should be effectively improved. Key issues relating to community well-being implied in the design, development and implementation of the WASIS project include a) involvement and participation of new and potential consumers in the planning process for identifying areas of highest demand with potential for supply; b) since it is the poor being targeted for domestic connections, open communication channels in parallel to contractual alignments are important so that new clients can choose affordable payment modes and levels, contributing to ensure the sustainability of client adherence; c) the quality of services must be adequate to meet with consumer satisfaction; d) customer rights and obligations should be clearly stated and honoured through a publicised Code of Procedures that is used when new connections are made. This Resettlement Policy Framework covers the network expansion planned for the WASIS project. Planned network expansion is not likely to cause displacement of any people occupying areas targeted for development. However, due to encroachment onto public rights of way and other land with public use rights where network pipes may be laid, property may be affected. This may range from annual and perennial crops through to fences or boundary walls which would require compensation for losses and damages. Presently the location, nature and scope of losses are not yet known.  WASZSP - Resettlement Policy Framework However in the event that any physical displacement should occur, and the fact that the details of involuntary resettlement and acquisition of land use rights are not known at present, a Resettlement Policy Framework (RPF) that establishes the policy principles for the development of specific Resettlement Action Plans (RAPS) and compensation plans is developed for public information and discussion. As, subsequent to the RPF, outlines of different initiatives are known in sufficient detail, if and when deemed relevant, a RAP/compensation plan will be developed for each one based on the framework agreed upon in this RPF. Resettlement covers physical displacement and economic impacts. Thus the need for resettlement and compensation refers to the impact of the development causing the loss of, or loss of access to, any assets growing on or permanently affixed to the land, such as shelters, businesses, buildings and crops and also to the impact causing loss of or access to an economic resource base or local communities' means of livelihood. Losses may be total or partial. According to World Bank policy the absence of legal title to use and benefit from the land does not limit rights to compensation. The Bank also emphasises that land-based resettlement strategies should be used for project affected people whose livelihoods are land-based. In the case of Mozambique this must be interpreted as access to land for use for livelihood support, thus if sufficient alternative land is not available, other options built around opportunities for employment or self-employment should be provided in addition to cash compensation for assets lost. Encroachment on road reserves where most network expansion water supply pipes will be laid is common in most of the urban centres involved, with houses, businesses and other structures - some temporary others permanent, cultivation in open areas is also common. People affected by WASIS project developments should be assisted to improve or restore their livelihoods in a manner that maintains the sustainability of their interaction with the economic resources available to them. Mitigation actions A preliminary site assessment carried out for the preparation of this Resettlement Policy Framework has identified that physical displacement is unlikely in any of the cities. Using policy criteria applied to projects financed by the World Bank it is likely however, that compensation will be required for losses of property. The costs of resettlement and compensation can add significant amounts to project budgets and wherever possible resettlement should be avoided. Where it is not possible to choose another location or alignment of piping for a sub-project, activities should be defined so that the least amount of people is affected without affecting the viability of the sub-project. When an activity that causes negative impacts is identified, alternative designs must be prepared to minimize the impact wherever possible. If activities carried out in a sub-project unavoidably cause negative socio-economic impacts including physical displacement or require the acquisition of land use rights FIPAG should conduct a concise Land Acquisition Assessment (LAA) as a screening mechanism to identify if resettlement planning will be required. Although this World Bank requirement is not  WASISP - Resettlement Policy Framework legally applicable in Mozambique since land cannot be acquired, the screening process is a useful mechanism for a project where the enforcement of Municipal and State land use rights is likely to cause negative impacts on local people, and it is an obligatory World Bank requirement. Thus where encroachment over the past few years means that physical displacement and/or economic impacts will occur, an adapted simple LAA can be incorporated into the screening process to be used for these projects. If this screening device detects the likelihood of negative impacts then it must be submitted to the World Bank for identification of what type of resettlement and/or compensation planning will be necessary. This RPF and World Bank policy OP 4.12 will be used to guide the development of an action plan. Under Mozambican law all infrastructure development projects must be screened using a standard checklist to identify whether an environmental assessment (EA) is necessary. Should screening identify the physical displacement of any people, this fact will necessitate project categorization as an 'A', and the realization of an Environmental Impact Assessment (EIA). A simple EA or more complex EIA may be undertaken depending on the nature and size of the potential environmental and social impacts. In both cases a scoping phase to define the terms of reference for the EIA will identify the scale of displacement likely to be caused by a sub-project and general potential impacts of this. The EIA will present details of likely socio-economic impacts on people of sub-project development and any associated facilities required for construction or operation. It will also identify probable induced impacts, including likelihood of in-migration to the project area. The EIA itself will include a social impact assessment (SIA) that will identify and quantify impacts and the numbers of people affected or impacted by the sub-project. A socio-economic baseline survey should include a census of all project affected people and provide the basis for estimation of impacts on the population. EIAs require extensive and reported public consultation during preparation. Mitigating action plans are also required to be prepared as part of the EIA. EIA / SIA mitigation plans should outline the procedures used to minimize the negative impacts on the community as whole or on part of it or on single households. Where these require resettlement and / or compensation, according to World Bank requirements, these procedures will be defined in detail in a Resettlement Action Plan (RAP). An abbreviated RAP or compensation plan is used if the scale of impact is low. It describes the project activity and actions to minimise resettlement and / or compensation; it provides an officially certified survey of project affected persons, an asset inventory and valuation and, if appropriate, a socio-economic survey. It describes in detail the compensation and other resettlement assistance including entitlement to participation in alternative livelihoods development activities to be provided. It also describes the results of consultations with project affected people about acceptable alternatives. It must identify institutional responsibility for implementation and procedures for grievance redress, as well as arrangements for implementation and monitoring. An implementation schedule and detailed budget are required.  WASISP - Resettlement Policy Framework The scope and level of detail of a RAP varies with the magnitude and complexity of the resettlement involved. Since WASIS project civil works will be comprised of trench excavations along public rights of way for the most part, laying of flexible pipes and accessories, and back-filling including testing and commissioning, it is very unlikely that any of the sub-projects planned will cause involuntary resettlement or negative impacts on people's livelihoods of a significant scale that the preparation by FIPAG of a full RAP will be necessary. The organisation and minimum of information required for an abbreviated RAP should conform to requirements in the World Bank's policies on Involuntary Resettlement OPIBP 4.12 and this Framework. Institutional organisation Screening Screening of a project that may require resettlement planning is initiated by the FIPAG city delegation or Environmental Unit of FIPAG Maputo as sub-projects developed by them trigger resettlement activities. Two simple checklists must be completed, one for the World Bank (in annex to this RPF) and another standard checklist for the Ministry for Coordination of Environmental Action. Once completed the Environment Unit will ensure that if any displacement is registered, the checklists are submitted to the World Bank and MICOA respectively. Abbreviated RAP / Consultation Plan development Should the need for resettlement or compensation be identified, responsibility for ensuring the production of an abbreviated RAPICompensation Plan lies with the Environment Unit delegated by the Project Authority, the Executive Director of FIPAG. For resettlement or in the case of extensive compensation requirements, a consultant may be contracted to carry out socio-economic studies, an SIA and the abbreviated RAP/compensation plan. A consultant would be responsible for stakeholder consultation, facilitating and supervising compensation negotiations and agreements and producing the draft abbreviated RAPIcompensation plan document. The consultants would also be involved in developing capacity of FIPAG delegation personnel responsible for resettlement, compensation negotiation & delivery. Where numbers of people requiring compensation are small, the FIPAG delegation and Environment Unit may carry out the consultation and planning themselves, or with social facilitators from a local NGO that can assist with implementation as well. Resettlement implementation Responsibility for resettlement implementation lies with the Project Authority, which will task the Environment Unit to organise technical support from the various municipal departments and provincial directorates for site demarcation and acquisition of use rights for land for resettlement if necessary. The Environment Unit may on behalf of the Project Authority contract additional assistance to facilitate resettlement such as contractors for house design andlor construction, consultants to oversee the process and social facilitators of the consultation, compensation negotiation and resettlement processes with the project affected people. The Environment Unit is responsible for supervision and management of the social inputs to the resettlement process during the Project. Until capacity is developed in the FIPAG delegations to manage the social aspects of resettlement, the RAP  WASISP - Resettlement Policy Framework consultants and the Unit itself may help provide inputs and special guidance in these aspects. In the case that resettlement implementation is required, a specific person in the Environment Unit should be designated by the Project Authority and no less than 50% of his/her time attributed to organising and directly supervising resettlement implementation at sub-project sites. Social facilitators active in the city where resettlement is implemented should be contracted to carry out the social and organisational aspects. The participation of the same facilitators in the consultation process required to prepare the abbreviated RAP would be advantageous. At community level a resettlement committee should be established to represent the interests of those who will be impacted by the project. The local Resettlement Committee (RC) will be identified by the local Neighbourhood (bairro) Collective and include a sub-group of its members as well as other trusted local influence leaders and representatives of the project affected people. It will be a key forum for linking community issues, including resettlement and grievances with the social facilitator, the municipal authorities, the Environmental Unit and ultimately the Executive Director of FIPAG. RCs should be trained in social and management issues and supported by social facilitators where possible. The municipal and local authorities will coordinate, monitor and supervise community consultation and participation in RAP implementation at local level. The municipality should coordinate its activities with the FIPAG delegation and the Environment Unit, and must ensure a copy of all information collected locally is deposited at the local Communication and Image Office and the Environment Unit. Coordination will be overseen by FIPAG's Executive Director. The Executive Director will also be responsible for ensuring compliance concerning public consultation and disclosure. Public consultation and grievances A local communication strategy stressing awareness-raising activities about the sub- project(~)and resettlement/compensation procedures and entitlements should be carried out throughout preparation and implementation of resettlement in order promote dialogue and to reduce misunderstandings and grievances. Communities will be involved in awareness-raising and training concerning their rights and obligations; how to obtain legal advice and representation, and how to seek redress against what they regard as unfair practices. Training for technical personnel from the Communication and Image offices, the Resettlement Committee members and local leaders in conflict management can assist in minimizing the negative impact of conflicts. The Resettlement Policy Framework and abbreviated RAP preparation processes are participatory. Potential conflicts and communication channels for grievances should be identified via consultation during the socio-economic studies and impact assessments. The consultation process must involve all potentially project affected people. During and after resettlement and compensation, individual and group  WASISP - Resettlement Policy Framework consultation should be continued by social facilitators to verify progress in people taking up new livelihoods activities and in restoring their lives to the levels they were prior to resettlement. Project affected people's and host community grievances concerning proposed or actual resettlement arrangements can initially be presented for local redress to the local influence leaders or the local Resettlement Committee. Failing resolution at community level, issues may be presented to the local authorities, municipal representatives or FIPAG Delegation, for resolution or transmission via the Environment Unit to the Project Authority. On the other hand a relevant unresolved issue may be formally taken to the Municipal Mayor to investigate and coordinate appropriate solutions. Grievances may also be taken to the social facilitator working with the affected community. This channel may assist in local resolution or provide a rapid channel for timely resolution involving the FIPAG delegation and its Environment Unit. Unresolved issues, dissatisfaction with solutions or if a community is in conflict with a private-sector contractor, may require formal recourse to the Municipal Mayor as the municipal citizen's representative. Failing resolution there, it will be taken to the Ministry or agency with titular responsibility for the investment. Provisions to appeal concerning sectoral grievances to higher levels of government such as National Directors and Ministers exist in most legislation. Should any party be dissatisfied, the grieved party may take the complaint to court where it will be dealt with under Mozambican law. The costs of compensation and mitigating activities are approximately US$125,000. This figure will be revised during project appraisal. Community consultation and participation in the resettlement planning process will identify progress and impact indicators for monitoring and evaluation. These will be used to formulate an abbreviated RAP should it be necessary, and subsequently for monitoring and external audits during the implementation of the RAP. Communities will also participate in external evaluation of outcomes of resettlement. The activities implied in any written agreements between the Project Authority and community representatives will be jointly monitored and where possible community organizations will be responsible for ensuring the compliance of community members. The Project Authority will be responsible for ensuring the adequate design, development and oversight of general resettlement monitoring and evaluation systems.  WASISP - Resettlement Policy Framework 1. Introduction Introduction Meeting the Millennium Development Goals (MDGs) in the water and sanitation sectors by 2015 in Mozambique will require at least double the sector investments over the next ten years. It is expected that in this context and that of the second Plan for Reduction of Absolute Poverty (PARPA 11) urban water supply coverage should increase from the current 37% to 70% in the next ten years. Significant progress has been made institutionally in bringing about the reforms proposed in the 1995 National Water Policy for water supplies in the larger cities through the delegated management and regulatory frameworks. This was achieved through the World Bank funded second National Water Development Project (NWDP 11) establishing a sound basis for increasing investments in expanding coverage in these cities. Through NWDP I1 capital investments were made to improve the production capacity of five cities (Maputo, Beira, Nampula, Quelimane and Pemba) in sufficient quantity to improve their service coverage significantly. The proposed investment in expanding networks and distribution in the short term will build on institutional strategy and policy development achieved in NWDP 11. Network expansion will build on the increased water production capacity developed in NWDP I1 and aim to improve service coverage. It is expected that the Water Supply Assets and Investment Fund's (FIPAG's) financial position will be strengthened by serving more consumers and improving operational performance so that further business opportunities for private sector operators may be created. NDWP I1 was explicitly designed with the aim of establishing a framework for developing private and public sector capacity to manage urban water supplies and it is this capacity which will be brought into play for the implementation of the WASIS project. 2. Project Description Project description FIPAG is preparing a Water Sector Services and Institutional Support (WASIS) project under the Second National Water Development Project (NWDP 11) with financing through FIPAG from an ACGF grant and an IDA credit over approximately five years to increase water supply coverage in the four cities of Beira, Nampula, Quelimane and Pemba, provide capacity building and institutional support to fill the gap in sector strategy for smaller cities and towns, and support on-going efforts to establish a SWAP for rural water supplies. This Resettlement Policy Framework (RPF) will provide guidelines for the life of the project. The network extension WASIS project will help consolidate gains made by FIPAG and supported by CRA by building on institutional strategies and policies developed under NWDP I1 and by providing investment funds to expand networks and distribution in the short term. By serving more consumers and by improving its operational performance FIPAG's financial position will strengthen and this will also  WASZSP - Resettlement Policy Framework create improved business opportunities for private sector operators. By further investing in distribution and increasing coverage a further 2.4 million people may be served, and together with improvements to service reliability and quality the water services should be effectively improved. The WASIS project will also support the DNA and the creation of the proposed Urban Water Supply and Sanitation Office (GAPASU) which will be based on the delegated management model so that it is empowered to manage assets, plan and oversee the execution of investments, and engage third party operators in smaller cities and towns that are not sufficiently viable to meet the FIPAG criteria of financial viability. GAPASU will address the asset management issues in the smaller cities and market towns piloted in the NWDP I and will be supported under the project with capacity building and operational costs. GAPASU will be closely linked with the investment funding to be secured through the proposed Millennium Challenge Corporation (MCC) project and will be piloted in Zambezia, Cabo Delgado, Niassa and Nampula with roll out to the rest of the country to be considered in the longer term. The WASIS project will also provide capacity building and institutional support to the development of the SWAP approach to rural water supplies via small piped systems and point sources. The project will support the DNA and other donors in the preparation of the medium term expenditure framework, sector strategy development and common guidelines for all future investments in the sector regardless of the source of financing. Municipalities have existed in Mozambique since 1998 and the new entities have not yet changed their organizational culture, operational systems, or reduced staff so that they are better suited to decentralized management and service delivery. FIPAG's leading role of this project recognizes that the cities have extremely limited capacity to provide any quality services to its citizens. Consultative and participatory initiatives are not institutionalized in the urban municipal context. The WASIS Project is made up of two main components: Component A: Investments and support in four cities under the responsibility of FIPAG. Component B. Capacity building, institutional and operational support to the DNA. Component A is of most interest to the formulation of this Resettlement Policy Framework. Since it is here that investment funds will be used to expand network infrastructure and water supply distribution in the short term. By serving more consumers and by improving its operational performance FIPAG's financial position will strengthen and this will also create improved business opportunities for private sector operators. Component B is subdivided into subcomponents and is important insofar as it helps consolidate gains made by FIPAG and supported by CRA by building on institutional strategies and policies developed under NWDP I1 in urban and rural water supply. This can be seen below:  WASISP - Resettlement Policy Framework Component A: Investments and support in four cities under the responsibility of FIPA G. This will a) expand and extend the networks and distribution through limited investments in small works in Pemba, Nampula, Quelimane and Beira currently operated and managed by a private operator; b) provide physical investments to improve the operational efficiency in the urban cities currently under the responsibility of FIPAG; and, c) support the appropriate type of private operator contract in the four cities to consolidate gains under NWDP 11. Conzponent B: Capacity building, institutional and operational support to the DNA Sub-component B 1: Establishment and Operationalisation of GAPASU: This will a) Adapt the proven sustainable institutional and regulatory modalities for secondary cities based on the delegated management model with proven experience from FIPAG cities where FIPAG can act as mentor; b) Ensure that the appropriate regulatory, policy and institutional framework will be developed and tested as the delegated management model is scaled up; c) Build the capacity of sector players including the DNA, district and local governments, municipalities, public and private sector, and small scale providers; d) Promote small scale private sector participation in service delivery; e) Provide bridge subsidies during the transition period in achieving O&M and cost recovery. Sub-component B2: Implementation of Sector Policy / Preparation of SWAp: This will a) develop a strategy to scale up the demand driven community participatory model for small piped systems and point sources; b) Support the government in developing a clear strategy and time-bound plan for implementing its sector policy and achieving the MDGs for water and sanitation, particularly the guidelines for the rural water SWAp; and c) Include measures to mitigate the risks form HIVIAIDS, develop and strategy and implementation plan through a consultation process that involves all sector stakeholders. Implementation of Component A of the WASIS project will depend on the participatory and decentralized systems created via the delegated management framework since the start of NWDP I1 implementation in 2000. The development objectives of the WASIS project are to (i) increase coverage in the four cities of Maputo, Beira, Nampula, Quelimane and Pemba to consolidate the financial stability of FIPAG, maintain the delegated management model, and increase the growth prospects of benefiting cities; (ii) provide capacity building and institutional support to fill the gap in sector strategy for smaller cities and towns; (iii) support on-going GoM/donor efforts to establish a SWAP for the isolated point sources and small systems to help align future World Bank activities with programmatic approaches. The development objective is the focus of this RPF and the main mechanism to achieve its development goals will be the actual capacity of the institutional framework established during NWDP 11. The main institutional development structures and principles established and that will be used are: 1. The Framework for Delegated Management that was established with a view to implementation of the principle of decentralisation and making the space  WASISP - Resettlement Policy Framework for private sector participation in a previously state dominated sector. Restructuring precedes a gradual transfer of powers to the Municipalities of Maputo, Beira, Quelimane, Nampula and Pemba when these are ready to take over some of the roles and responsibilities assumed by FIPAG and CRA the regulator. 2. Pro-poor principles endorsed by the Framework which include the adoption of tariff policies that reduce inequalities and consubstantiate the social value of water as well as increasing coverage by the public service. 3. The principle of non-discrimination or differentiation of water users and their rights to be consulted via Municipality representation in order to contribute to the process of selecting the major strategic options for implementing the Framework for Delegated Management, the development of water services, and in the defence of their own rights and interests as consumers. 4. The Framework creates space for regulation of the public service insofar as it a) relates to service level, quality, and relates this to the tariff regime, b) the evaluation and conciliation of interests of the present and future systems users, with those of the operator, and, c) ensures an equilibrium of interests of other institutions present. 5. Functional links with the municipalities for the provision of advice and monitoring concerning the implementation and extension of the Framework are provided for, particularly with reference to the eventual transfer of the management of the water supply systems to the municipalities individually or jointly. 6. Contractual requirements of the main operator with regards to the rights and obligations with the system users include: the operator's obligation to supply as much water as needed to users via a contract, except in cases of force majeur, public safety, public interest, or technical reasons validated by the MOPH or a representative indicated for the purpose. The obligations and rights that govern the relationship between the operator and the users must be elaborated in a Code of Procedures produced by the operator to CRA's satisfaction and approval, and thence obligating users to respect them. This document is produced for dissemination to assist customers to learn about their rights, complaints procedures, and the obligations of both parties assumed in the contract celebrated between customer and the operator. 7. Management contract dispositions applicable to the four cities excluding Maputo are subsidiary to and adapted from the lease contract. In 1999 a private operator, Aguas de Moqambique (AdeM) began a 15 year lease contract made with FIPAG to provide services in Maputo and Matola, and a management contract for the four other cities. The objectives of the contracts are to facilitate service improvement and expansion. Service quality has improved in the peri-urban areas where since private sector participation began, and consumers have been gradually moving away from unprotected water sources in most cities as supplies have been increased and services have become available. The current situation in peri-urban areas also sees a shift in demand from standpipes to higher service levels (house connections 1 yard taps).  WASISP - Resettlement Policy Framework Thus key issues relating to community well-being implied in the design, development and implementation of the WASIS project include: Involvement and participation of new and potential consumers in the planning process for identifying areas of highest demand with potential for supply; As the poor are being targeted for domestic connections, open communication channels that parallel contractual alignments are important so that new clients can choose affordable payment modes and levels, contributing to ensure the sustainability of client adherence; The quality of services must be adequate to meet with consumer satisfaction; Customer rights and obligations should be clearly stated and honoured through a publicised Code of Procedures that is used when new connections are made. This project is unlikely to require resettlement of families physically displaced from areas to be developed, however some pipe laying during the project may require removal of crops or other property presently encroaching on rights of way and other land with public use rights with consequent compensation of affected families. The estimated total cost of compensation and resettlement of families is calculated as approximately US$125,000, the details of which may be seen in section 12 below. 3. Potential Impacts of the Project The areas in which service coverage expansion is planned to take place are mostly peri-urban areas of the four cities of Beira, Nampula, Pemba and Quelimane occupied largely by low and middle income families. In Pemba two small inner urban areas where network coverage is very low are included in the plans. Most of the areas being considered for network expansion exist on the peripheries of existing network supply or in areas where its coverage is thin and many residents do not have domestic connections. Most of the areas are urbanised in planned grids of plots with public access roads, but a few are characterised by spontaneous settlement and use of land that has not been subject to municipal planning'. Planned network expansion is not likely to cause physical displacement of any people occupying areas targeted for development. However, due to encroachment onto public rights of way and other land with public use rights, property may be affected. This may range from crops through to pavements, fences or boundary walls which would require compensation for losses and damages caused by the sub-projects. Presently the location, nature and scope of the specific sub-projects are not yet known. Although extremely unlikely, it is possible that if the time taken to implement the project is extensive and further encroachment occurs, project activities might cause families to be physically displaced, and as a result trigger the World Bank's Operational Policy / Bank Policy (OP/BP) 4.12. In most cases however, OP 4.12 will only be triggered because of land use by the project which results in partial economic impacts - loss of assets or access to assets or a partial loss of income sources or livelihood means. I See Appendix 15.3 for details of a rapid situation assessment of sub-project areas made in the four cities.  WASISP - Resettlement Policy Framework 4. Principles and Objectives Governing Resettlement Policy Framework Preparation and Implementation Resettlement Policy Framework Preparation When the details of land acquisition and involuntary resettlement are fully known, a Resettlement Action Plan (RAP) can be prepared to provide an implementation guide for the operation. When, however, the details of land acquisition and involuntary resettlement are not fully known, a Resettlement Policy Framework (RPF) that establishes the policy principles for the preparation of specific RAPS is developed for public information and discussion. For the WASIS project as, subsequent to the RPF, outlines of different initiatives causing economic impacts and/or displacement are known in sufficient detail, an abbreviated RAP or compensation plan will be developed for each sub-project based on the framework agreed upon in this RPF. The principles outlined in the World Bank's Operational Policy OPIBP 4.12 are used in preparing the Policy Framework. These principles and the resettlement and compensation measures stemming from them will apply to all sub-projects of the WASIS project, whether or not the scale and complexity of resettlement issues require preparation of an abbreviated RAP. The present Resettlement Policy Framework is being developed as part of the preparations for the WASIS project since it will involve improvements in physical infrastructure specifically, water supply in urban and peri-urban areas. The objective of the Policy Framework is to ensure that by screening infrastructure improvements and changes in land-use, identifying where acquisition of land use rights is inevitable, and where resettlement and compensation for local people's losses is unavoidable, that mitigating activities may be designed and carried out in a socially sustainable manner. This will require the provision of adequate resources to meet the needs of the project affected people whether they are physically or economically impacted by project activities. It also requires adequate consultation with the project affected people to ensure that they maintain or improve their livelihoods and standards of living after resettlement andlor compensation. Resettlement General Principles It is widely understood that involuntary resettlement may cause severe long-term hardship, impoverishment, and environmental damage unless appropriate measures are carefully planned and carried out. The screening process provided through the development of this Framework is consistent with the Bank's safeguard OP/BP 4.12 for Involuntary Resettlement. The policy requires that all activities financed by the Bank are screened for potential impacts, and that the required resettlement and compensation is carried out on the basis of screening results. The Framework takes into account the provisions of local legislation and the World Bank's policy objectives on involuntary resettlement which are the following: Involuntary resettlement and land acquisition should be minimized or avoided where possible. Where acquisition of land use rights is unavoidable, projects will be designed to minimize adverse impacts. I WASISP - Resettlement Policy Framework Resettlement activities should be conceived and executed as sustainable development programmes. Sufficient investment resources should be provided to enable the people affected by a project to share in project benefits. Project affected people should be meaningfully consulted and should have opportunities to participate in planning and implementing resettlement programmes. Project affected persons should be assisted in their efforts to improve their livelihoods and standards of living or at least to restore them to pre-impact levels or to levels prevailing prior to the beginning of project implementation, whichever is higher. Speczjic Principles The OP 4.12 on Involuntary Resettlement ensures that the population impacted negatively by a project receives benefits from it. This covers those with benefits from or customary rights to use of land or other resources taken for the project. The OP is inclusive, ensuring that all those affected both directly and indirectly by project developments are compensated as part of the project. Resettlement covers physical displacement and economic impacts. Thus the need for resettlement and compensation refers to the impact of the development causing: the loss of, or loss of access to, any assets growing on or permanently affixed to the land, such as shelters, buildings and crops and, to the impact causing loss of, or access to, an economic resource base or local communities' means of livelihood. If the impacts include the need for physical relocation, measures must be taken to ensure that the displaced persons are provided assistance (such as moving allowances) during relocation and provided with residential housing, or housing sites, or, as required, agricultural sites for which a combination of productive potential, locational advantages, and other factors is at least equivalent to the advantages of the old site. Losses may be total or partial. World Bank policy emphasises that the absence of legal title to use and benefit of the land does not limit rights to compensation. Preference should be given to land-based resettlement strategies for displaced people whose livelihoods are land-based. If sufficient alternative land is not available, non- land-based options built around opportunities for employment or self-employment should be provided in addition to cash compensation for land and other assets lost. The lack of adequate land must be demonstrated and documented. The need to involve project affected people in the planning and implementation of interventions that result from these policies is stressed. Resettlement planning includes early screening, scoping of key issues, the choice of resettlement instrument, and the information required to prepare the resettlement activity. The scope and level of detail of the resettlement instruments vary with the magnitude and complexity of resettlement. Potentially impacted persons must be informed at an early stage about the resettlement aspects of the project and development plans must take their views into account. Conflict resolution mechanisms should be identified as part of the  WASISP - Resettlement Policy Framework above planning and implementation. Particular attention must be paid to the needs of vulnerable groups, especially those living below the poverty line, the landless, the elderly, women and children. It may be necessary to ensure that displaced persons are provided with support after resettlement, for a transition period, based on a reasonable estimate of the time likely to be needed to restore their livelihood and standards of living. They may during this period be provided with development assistance in addition to compensation measures such as land preparation, credit facilities, training, or job opportunities. Implementation of resettlement activities must be linked to the implementation of the investment component of the project to ensure that displacement, economic impacts or restriction of access do not occur before necessary measures for resettlement are in place. Measures required to be taken prior to impact include provision of compensation and of other assistance required for relocation, and preparation and provision of resettlement sites with adequate facilities. The taking of land and related assets may take place only after compensation has been paid and, where applicable, resettlement sites and moving allowances have been provided to the project affected persons. Payment of cash compensation for lost assets may be appropriate where livelihoods are not land-based or where they are, but the land taken for the project is a small fraction of the affected asset and the residual is economically viable. It may also be paid if there are active markets for land use titles, housing, and labour, project affected persons use such markets, and there is sufficient supply of land and housing. Compensation levels should be sufficient to replace the assets at full replacement cost in local markets. Project affected persons and their communities, and host communities receiving them, should be provided timely and relevant information, consulted on resettlement options, and offered opportunities to participate in planning, implementing, and monitoring resettlement. Appropriate and accessible grievance mechanisms that provide timely responses must be established for these groups. Infrastructure and public services in settlement areas must be provided as necessary to improve, restore, or maintain accessibility and levels of service for the displaced persons and host communities. Alternative or similar resources should be provided to compensate for the loss of access to community resources such as agricultural areas and wood fuel resource areas. Patterns of community organization appropriate to the new resettlement circumstances should be based on choices made by the displaced persons. Resettlement programmes will include adequate institutional arrangements to ensure effective and timely design, planning and implementation of resettlement and rehabilitation measures. Adequate arrangements for effective and timely internal and external monitoring will be made on implementation of all resettlement measures.  WASISP - Resettlement Policy Framework Acquisition of land use rights for development will be subject to a Land Acquisition Assessment to verify if communities are to be impacted or goods lost as a result of proposed development. This short document will identify the land, people occupying or using it, land uses and attitudes of the people towards the acquisition. Their signed agreement is necessary to assure World Bank agreement to their undertaking resettlement activities. 5. The Process for Preparing and Approving Resettlement and/ or Compensation Plans Institutional organisation and responsibilities FIPAG is responsible for water supply infrastructure development in the project cities. FIPAG has an Environment Unit at its headquarters in Maputo responsible for environmental and social issues planning, management and supervision. FIPAG delegations in each city have a Delegate Director and an office for Communication and Image (CI), responsible to the Delegate Director. Together they are responsible for strategic planning, communication mechanisms, publicity, customer relations and complaints. It is these agencies and units within the agency, which are directly responsible for ensuring proper screening and preparation of abbreviated RAPS and compensation plans where necessary. Planning to avoid resettlement The WASIS project will follow the design principle of systematically aligning the flexible pipelines in order to avoid wherever possible, installation that may cause adverse socio-economic impacts and/or displacement. Low-income families and new migrants occupy poor quality housing often in areas where they are illegal and where they have access to minimal if any public services. They are the most likely to be those encroaching onto designed pipe alignments. Working with the CRA delegate in each city, most of whom have social intermediation skills, during planning and implementation of network expansion may help minimize the negative impacts by specifically identifying potentially affected vulnerable groups early on in the process. The CRA delegates work directly with consumers and stakeholders, mainly receiving complaints and dealing with these on an individual basis with the operator, while also performing monitoring of service quality in at-risk areas. The network expansion planning process will bring together technical information management and participatory planning methods (consultation and communication), that will mitigate as effectively as possible the adverse impacts of unavoidable acquisition of land use rights and involuntary resettlement. A key mitigating tool is the potential for effective communication via FIPAGYsCI offices and the CRA delegates with their various audiences. Network expansion in the WASIS project in the centre and peri-urban areas of the four cities may cause involuntary economic impacts. Encroachment onto roadsides and unoccupied spaces means some are now occupied by perimeter fences  WASISP - Resettlement Policy Framework constructed from permanent and temporary materials, home-owners' pavement extensions some temporary others permanent, and tree and annual crop cultivation. Low-level enforcement by the Municipal Councils to avoid claims to use of public land use areas, has meant that expansion of residential and cropping space has informally moved into road reserves and other public areas. The costs of resettlement can add significant amounts to project budgets. Where it is not possible to choose another location; alignment of boundaries for project activities, adjusting siting criteria, or changing construction techniques to avoid pockets of settlement and reduce the surface area of impact respectively should be explored and adopted as long as the project is still economically viable. Compensating many people for minor or partial land acquisition may cost far less than physically relocating a few affected families to an area close by and ensuring that their livelihoods are as little disrupted as possible or providing them with income-restoring alternatives. These potential impacts must be reviewed at the sub-project planning stage. Sub-project screening will identify appropriate resettlement and compensation planning procedures. Sub-project screening A preliminary review carried out for the preparation of this Resettlement Policy Framework has identified that physical displacement is not likely at any of the network development sites, but due to the sub-project details not yet being known, it may be possible that it is caused as a result of a sub-project, and resettlement may be required. Partial economic impacts will be caused by sub-project implementation in all cities. If activities carried out by a sub-project unavoidably cause socio-economic impacts or require the acquisition of land use rights FIPAG should conduct a concise Land Acquisition Assessment (LAA) as a screening mechanism to identify what kind of resettlement planning will be required. Although this World Bank requirement is not legally applicable in Mozambique since land cannot be acquired, the screening process is useful and it is an obligatory World Bank requirement. Thus where encroachment over the past few years means that physical displacement and/or economic impacts will occur or land use rights will need to be acquired, an adapted simple LAA can be incorporated into the screening process to be used for these projects (See Appendix 15.4). If this screening device detects the likelihood of displacement and/or negative economic impacts then it must be submitted to the World Bank for identification of what type of resettlement or compensation planning will be necessary. This RPF and World Bank policy OP 4.12 will be used to guide the development of an action plan. Under Mozambican law all projects must be screened using a standard checklist to identify whether an environmental assessment (EA) is necessary. Should screening identify the displacement of any people, this fact will necessitate sub-project categorisation as 'A' and a full Environmental Impact Assessment (EIA). A simple EA or more complex EIA may be undertaken depending on the nature and size of the potential environmental and social impacts. In all cases a scoping phase to define the terms of reference for the EIA will identify the scale of displacement likely to be caused by a project and general potential impacts of this.  WASISP - Resettlement Policy Framework A census undertaken at the time of preparing a social impact assessment (SIA) as part of the EIA, or when an LAA is performed, can provide the appropriate moment for establishment of the cut off date, after which any new in-migration or new structures in the sub-project development area would be ineligible for compensation. Both screening methods will be carried out as part of sub-project development in the WASIS project. Land Acquisition Assessment If activities carried out by the Project cause unavoidable impacts requiring acquisition of land use rights FIPAG Maputo's Environment Unit will ensure that the relevant city FIPAG delegation or agency responsible for the sub-project conducts a concise Land Acquisition Assessment (LAA). In case of land use rights acquisition, the LAA will identify: (i) the location of the land for which rights are being acquired; (ii) its size; its status (public use rights, private, legally protected etc..); (iii) its current use(s) (agriculture, commercial, residential etc.. .); (iv) the current beneficiary (ies) and their approximate numbers; and (v) how the use rights for this land is being or planned to be acquired (exchange, donated by the government, purchased, etc..12. The authors of the LAA will also make their own comments and observations about the situation that will comprise part of a report submitted to the World Bank. It is necessary for the LAA to be signed by the author and the representative of the concerned stakeholders (local authorities, representatives of potentially affected groups, including community associations, FIPAG delegation, etc.). The LAA should be approved by FIPAG Maputo and the World Bank before resettlement and site development are initiated. On the basis of the Land Acquisition Assessment the World Bank will advise FIPAG if an abbreviated RAP or Compensation Plan should be prepared or not, and if other remedial actions need to be taken. The submission of the Assessment and approval by the Bank is a condition that must be met prior to approval of the activity / project and the initiation of any works. Institutional responsibilityfor screening World Bank and MICOA screening assessments will be carried out on all network expansion sub-projects where negative economic impacts andlor displacement are likely to occur. Assessments will involve the respective FIPAG delegation's Exploration Department if sub-projects developed by them trigger the need for resettlement activities. 2 See Appendix 15.4  WASISP - Resettlement Policy Framework Minimizing impacts If and when an activity entailing acquisition of land use rights orland physical displacement is identified, alternative designs must be prepared to minimize the impact wherever possible. Any activities implying people's resettlement are required by the Mozambican regulations to be submitted to a full environmental impact assessment (EIA). The scoping phase of the environmental assessment will identify the terms of reference for the impact study and the scale of socio-economic impact of displacement caused by a sub-project. It will also identify other likely impacts on affected populations, probable impacts related to associated facilities such as access routes and use of public services, etc. that are necessary for the construction and operational phases of a sub-project, and probable induced impacts such as opportunities for illegal connections in the sub-project area. The EIA will include a social impact component that will identify and quantify impacts and the numbers of people affected by a sub-project. A socio-economic baseline survey will include a census of all people affected by the sub-project and provide the basis for estimation of impacts on the population. The cut off date, after which any new in-migration or new structures in the sub-project development area are ineligible for compensation is often convenient to establish at the time of the census. EIAs require extensive and recorded public consultation during preparation. Mitigating action plans are also required to be prepared as part of the EIA. EIA mitigation measures should outline the procedures used to minimize the negative impacts on the community as whole or on part of it or on single households. Where these require resettlement or compensation, these procedures will be defined in detail in an abbreviated Resettlement Action Plan (RAP) or a compensation plan. A social impact assessment with a socio-economic baseline study, and detailed inventory of assets (with photographic records where possible) are required by for the preparation of a full RAP. OPIBP 4.12 specifies that a full RAP is required if over 200 people must be relocated or if these people are not physically displaced but lose over 10% of their assets due to the project. If the impact is less than this an abbreviated resettlement plan may be prepared instead. In the case that proposed sites are occupied, a date for a moratorium on occupiers' construction activities and investments in permanent improvements on sub-project development land such as tree crops for example should be declared early in the planning process. A census of project affected people and their property carried out at this time will identify those who are eligible for compensation, minimize the impacts of exclusive land use by the project at a later date, and avoid further encroachment. The use of cut-off dates for moratoria should not however be maintained for longer periods, as this not only creates antagonism among local people which may subsequently jeopardise the success of the project, but it may negatively affect some people's livelihoods as well. 12  WASISP - Resettlement Policy Framework FIPAG has ample experience of resettlement planning and implementation undertaken during NWDP I1 in three of the four cities, and has in the past negotiated with local authorities and communities to secure plots of land for resettlement and livelihood restoration. The location of resettlement sites should be as close as possible to the originally occupied area, resettled people should have access to services and to livelihoods sources, be these land for cultivation or markets for trading. The conditions of the new location should be no worse, and preferably better for the resettled people than their previous conditions. Their tenure in the new location should be secured formally. The impact of resettlement on communities already living in the resettlement area, the 'host' communities, must also be taken into account. It may be necessary to formally incorporate these people into the formal tenure system to be established for the resettled families, to avoid the development of inequalities and resentment. It may also be necessary to assess the impact on local resources and local services with the advent of settling families in order to plan for adequate provision for all users or in some cases further compensation. The host population should be consulted as early as possible in the resettlement planning process so that resettlement areas and facilities can be constructed taking their preferences into account as well. People's preferences about where they would like to live, where they would like to cultivate and how this can best be achieved must be taken into account during the preparation of resettlement plans. Given that people differ in their capacity to manage their resources and the pressures of having to secure livelihoods in cities mean that the weaker ones lose out, a system for monitoring resettlement and the rehabilitation of resettled people must be carried out with rapid responses to grievances and detected signs of negative impacts. Customary rights related to land use and property inheritance among urban families have changed with influxes of new people to the four cities. There have been changes in levels and types of poverty and the social and economic causes of this. In many cities there are more women-headed households, single parent families and families where all the members in the household are under 20 years old than ever before. Informal land allocation to most peri-urban families often takes place through neighborhood secretaries. Payment is usually involved, but no title is provided. Since records are not changed for informal settlements, land tenure status must be assessed for every party affected by a sub-project and for every claim for compensation, and must be treated on a case by case basis. Individual consultation, verification with local leaders and neighbours, keeping a written record of all meetings and their results, as well as agreements signed by all relevant parties identifying the losses incurred and the terms of compensation and resettlement will defend the project proponent against unjust claims, as well as protect the rights of the affected party. Given that it is common for the least well-off to gain their livelihoods from a variety of small trading and labour activities, consideration of adequate affordable substitution of livelihoods options must be discussed and implemented in order that the most vulnerable people are not left worse off than they were before. Preparation of Resettlement Plans  WASISP - Resettlement Policy Framework Whenever a WASIS sub-project investment unavoidably entails a change in land-use that results in physical or economic impacts on residents or users, FIPAG's Environment Unit will develop for public information, discussion and agreement, an abbreviated draft RAP andfor compensation plan to guide implementation of the resettlement and compensation operations. In the case that resettlement is required, assets are impacted, and/or there is an impact on livelihoods, each abbreviated RAP and/or compensation plan will accord with the principles and procedures of this Policy Framework. Each draft abbreviated RAP will be submitted to the World Bank for approval prior to implementing compensation process and the start of civil works. An abbreviated RAP will present: A description of the project activity and actions to minimise resettlement; An officially certified survey of project affected persons (census), asset inventory and valuation and, if appropriate, socio-economic survey; A detailed description of compensation and other resettlement assistance including entitlement to participation in alternative livelihoods development activities to be provided; Results of consultations with project affected people about acceptable alternatives; A description of institutional responsibility for implementation and procedures for grievance redress; Arrangements for implementation and monitoring; and A timetable and budget detailing all costs, including relocation, compensation, administrative costs and monitoring fees. The scope and level of detail of a RAP varies with the magnitude and complexity of the resettlement involved. It is expected that none of the sub-projects planned will cause involuntary resettlement or negative impacts on people's livelihoods of a significant scale and the preparation by FIPAG of a full RAP would therefore not be necessary. The organisation and minimum of information required for an abbreviated RAP should conform to requirements in the World Bank's policies on Involuntary Resettlement OP/BP 4.12 and this Framework. Institutional responsibilitiesfor preparing Resettlement & Compensation Plans Responsibility for ensuring an abbreviated RAP / compensation plan is produced lies with the Project Proponent FIPAG, in which the Executive Director is the Project Authority. As the Project Authority, the Executive Director will be involved in abbreviated RAP / compensation plan development only insofar as his office oversees inter-institutional relationships, communication mechanisms and the development of monitoring and evaluation systems. The Project Authority will delegate responsibility for production of the abbreviated RAP / compensation plan to the Environment Unit. The cross-cutting Environment Unit consists of two full-time environmental specialists responsible for all environmental and social management activities in the cities under FIPAG's responsibility. The social aspects of resettlement / compensation planning and implementation are linked to environmental management planning and implementation in Mozambican legislation and in World Bank policy. The process for environmental impact assessment in Mozambique includes the screening of social impacts, and displacement of people is one of the triggers requiring an Environmental  WASISP - Resettlement Policy Framework Impact Assessment. Social and environmental impact assessments provide processes for evaluating impacts and proposing mitigating measures and plans to manage the adverse environmental and social impacts of development projects. As such the Environment Unit will be responsible for supervision and management of the social inputs to the resettlement processes undertaken during the Project. A list of functions of the individual or team tasked with these resettlement responsibilities is found in Appendix 15.1. FIPAG has already been involved in the elaboration and successful implementation of five full resettlement plans with compensation activities related to previous works on other projects in urban centres. It has experience with implementing systems for involving communities in addressing priority issues, options for organisation of resettlement implementation and rehabilitation of displaced people. For resettlement planning or in the case of extensive compensation requirements a consultant should be contracted to carry out socio-economic studies, a social impact assessment and an abbreviated RAP. The contracted consultant would be responsible for stakeholder consultation, facilitating and supervising compensation negotiations and agreements and producing the abbreviated RAP document. The consultant would work together with the Environment Unit officer responsible for the city in question. In the cities, where there is the capacity, the municipality will be responsible for assessing the value of structural assets for compensation or replacement, and the Provincial Directorate of Agriculture for assessing agricultural assets. Participation in resettlement planning begins at local level. Local leaders and representatives fiom local community commissions or neighbourhood development committees should be included in the main consultative forums in a given area containing families due to be displaced. Resettlement Plan Approval A draft abbreviated RAP will be submitted to FIPAG's Executive Director and the World Bank for disclosure via the World Bank Infoshop. During the disclosure period, the abbreviated RAP should be presented and be made available for public consultation in a summarized andlor full form as appropriate for the audience, and at accessible locations in an appropriate language in or close to the project area. Feedback obtained from disclosure must be incorporated in the final document. It should be stressed however, and an abbreviated RAP is essentially a working document, and as the situation on the ground changes, amendments may be needed, and these may be annexed to the original RAP following a similar disclosure procedure. 6. Eligibility Criteria for Defining Categories of Impacted People If proposed sub-project sites are occupied by people, a date for a moratorium on occupiers' construction activities and investments in permanent improvements on  WASISP - Resettlement Policy Framework sub-project development land such as tree crops for example should be declared by the Project Authority. Establishing a cut-off date as early as possible in the planning process will prevent people who encroach on the area after the cut-off date, from obtaining compensation or any other form of resettlement assistance to which they are not eligible. The cut-off date for each site is to be chosen by the sub-project developer in close consultation with the Local Authorities and other agencies responsible for land administration, together with the traditional and local influence leaders, as soon as possible after the affected land is identified. This process must be in full compliance with the conflict resolution mechanisms in this RPF and this date must be communicated effectively to the potential project affected people and surrounding local communities. The local communities and traditional leaders will play a crucial role in identifying users of land. To prevent claims from people after the cut-off date, a census of project affected people and their property will be carried out at this time to identify those who are eligible for compensation. This is required for the development of an abbreviated RAP. The census will identify eligible occupants and establish the size and quality of structures, current land use, and other relevant facts. The census should be carried out in the initial stages of sub-project identification and as soon as tentative location and physical boundaries and alignments of the sub- project can be established. It may be carried out as part of the socio-economic baseline study for an EA carried out by independent consultants if a baseline study is implemented at this early stage of sub-project planning, or part of an LAA. The census may be accompanied by a photographic record which can assist in later verifications of the land-use and livelihoods activities at that time, and form part of the baseline records of project affected people. Categories of project affected people Implementation of infrastructure development projects may involve the physical relocation of people resulting in their loss of shelter, productive assets and access to productive assets to various degrees. The World Bank considers this physical displacement. In addition to physical displacement, families may also be affected by economic impacts, the results of actions which interrupt or eliminate their access to and use of productive assets, although they themselves will not be physically relocated. The World Bank's involuntary resettlement policy is designed to ensure that people who are physically or economically affected as a result of development projects are no worse off than they were before being impacted. The Project proponent has the additional opportunity to provide means of restituting 1iveIihoods aiming to ensure resettled families become better off than they were before. Assessment of the degree of impact on livelihoods should take place for all sub- projects causing potential impacts revealed by the sub-project screening process. It is likely that the scale of impacts will be very low through network development and expansion for household connections.  WASISP - Resettlement Policy Framework their resettlement and compensation is designed to improve their pre-project livelihood (iii) special attention is paid to monitor them to ensure that their pre-project livelihood is indeed improved upon, (iv) they are given technical and financial assistance if they wish to make use of the grievance mechanisms of the project, and (v) decisions concerning them are made in the shortest possible time. Eligibility for Community Compensation Communities permanently losing use of land and/or access to assets and or resources under statutory rights are eligible for compensation. However since this covers public toilets, market place, taxi parks, schools or health units for example, it is highly unlikely that such compensation will be required within this project. Procedures for Assessing Entitlement Procedures for assessing entitlement to compensation and other forms of assistance should be organised along the following lines: A census of all people who will be affected by the project should be carried out in the early planning stages of the sub-project. This will identify those eligible for assistance and discourage an inflow of people ineligible for assistance. Names of all family members and their relationship to the head of the household, details of resource use and location and household location must be registered. Together with the local authority (neighbourhood secretary or similar), local influence leaders and a representative from the municipality the sub-project developer must investigate the basis of each claim of the identified families. Information should be cross-checked through initial interviews with the local leaders on their own, followed up with visits to each affected family to make a detailed register of all affected assets. o The inventory should record numbers of houses, the area they occupy, age, and condition, as well as the types of crops, their age, productivity and quantity and size of land areas taken or impacted and all other non- farm livelihoods sources. Assessment of the families with partial economic impact claims should be sensitive to the complexity of obtaining access to and using livelihoods resources, so that it may be established which families will genuinely lose use of, or income from these as a result of project development. The decision about entitlement will be made by the Project Authority following analysis of all claims. Each family eligible for compensation or other assistance must then be informed of the basis of the decision and the options for assistance they have. This process must be fully documented for the abbreviated RAP, including the decisions taken and their reasons at every step of the way. Should complaints be lodged against decisions about eligibility, these must be dealt with through the established procedures for communicating grievances described in section 11 below. Agreements on compensation types, location for resettlement and amounts must be signed by each family and witnessed by a local leader and government officer. The document will serve to clarify the rights of affected families and defend the project developer in the case of any claims against it.  WASISP - Resettlement Policy Framework 7. Legal Framework: A review of the laws and regulations of Mozambique and World Bank policy requirements and the proposed measures to bridge the gaps between them A fundamental principle of the Mozambican Constitution (2004) is that natural resources and means of production are public property of collective interest. Specifically, land belongs to the State, and use rights can only be awarded by the State. Art. 111 clarifies that with insofar as the State awards title to use rights of the land, it also recognises and protects acquired hereditary and occupation rights. Land Law, no 1911997 provides the basis for defining people's land use rights, providing the details of rights based on customary claims and the procedures for acquisition of title for use and benefits by communities and individuals. The law recommends a consultation-based process that recognizes customary rights as the means for identifying the claims of communities and individual members of communities without title. Art 24 identifies that in rural areas local communities participate in: a) the management of natural resources, b) the resolution of conflicts, c) the process of obtaining title as established in no. 3, of Art. 13 of this law, and d) in the identification and definition of the boundaries of the land they occupy. In the first two activities (. . .) local communities use among others, customary practices. It defines that the right to use and usufruct of the land may be acquired through occupation by Mozambican individuals who have been using the land in good faith for at least ten years, and by local communities whose right to use and benefit of the land will comply with the principles of co-titularity. Thus the law recognises and protects the rights to use of land acquired through inheritance or occupation (customary tenure and good faith rights), except in legally defined reserves or areas where land has been legally transferred to another person or body. All citizens have equal rights and duties according to the law, women having equal rights with men in terms of access to land and housing. Existing rights to use and benefit of the land may be terminated through revocation of such right for reasons of public interest, after the payment of fair compensation, in which case the non-removable improvements will revert to the State. Compensation for losses incurred as a result of relocation is recommended in the Land Law Regulations 6611998. Basic compensation guidelines are provided in the form of tables produced and updated by the Provincial Directorate of Agriculture covering the current market and productive values of various annual and tree crops. The guideline for assessing the value of urban houses produced by the State Property and Building Administration (APIE) is used to assess housing values as recommended by the Municipal Finance Law 11/97, Art 56, until appropriate regulation is developed. The National Land Policy (Council of Ministers Resolution no 10195) establishes that the State should provide land for every family to have or build their own house and that it is responsible for land use and physical planning, although plans may be made  WASISP - Resettlement Policy Framework by the private sector. Urban land cannot be transferred when it has no buildings or other infrastructure investments on it. Its value rises when public infrastructure is provided. Urban expansion, and the consequent occupation of land previously under other uses, should take into account the people who are living on the land and the investments already made by them, unless they were in conflict with a previously existing land use plan. The Land Law Regulations (Decree 66/98) regulate the procedures to obtain land use rights. They are applicable to rural land and areas within municipalities but outside their cadastral services. The regulations also apply to unplanned peri-urban areas. They are rarely applied to urban areas. Relevant aspects of the regulations include: a) Where there is joint title, the title belongs to all the titleholders equally. When one of the titleholders dies, the others continue as the rightful titleholders; b) Consultations between the applicants for land and the local community are mandatory before a decision to grant is made by the provincial governor or higher authority; c) Good faith occupiers and local communities may apply for demarcation and title. The application procedure is simplified and a single definitive authorisation is given instead of provisional authorisation; and d) Titleholders are required to pay a tax for authorisation of the right to use land, plus an annual tax. Family businesses and local communities are exempt from such taxes. The Land Law Regulations note that the approval of construction projects for public infrastructure including roads implies the automatic creation of a Partial Protection Reserve of 50m abutting this for main highways, or 30 metres of primary and 15 metres for secondary and tertiary roads. The rights of use and benefit of this land cannot be acquired and activities cannot be performed on it without a license. The Land Law stipulates that Maputo, and other municipalities with their own cadastral services may authorise applications for the use of land in areas covered by urbanisation plans. Decree 1512000 describes the articulation of local state authorities and community leadership mainly in rural areas through local councils and legitimises community leaders - traditional leaders and neighbourhood secretaries. It gives them powers under Art. 24 of the Land Law to participate in conflict resolution, represent community opinions on applications for land, and identify and delimit community land. Urban land-use regulations (Decree 6012006) affirm that local municipal bodies may issue special licences for certain activities to be carried out within partial protection zones. Urban planning must be preceded by consultations with provincial sectors and civil society. Municipal public administration bodies are responsible for establishing a system to ensure that all potential stakeholders have the opportunity consult plans that impact upon the territory within their jurisdiction. Urban planning requires a participatory approach. A census taken of the occupants in a planning zone and characterisation of their legal status on the land they occupy are necessary. Occupants of land identified for urban improvement occupying it in good faith have a right of preference in the allocation of a new section or parcel if, having met the good faith requirement, the use of the urban land cannot be harmonised with the planning scheme. If a transfer is not possible, the occupant is entitled to fair compensation corresponding to the improvements they own on project land. If continued occupation  WASISP - Resettlement Policy Framework in the area can be incorporated within the planning scheme the occupant can apply for title to the right of land use and benefit in respect of the area they occupy. The planning process includes obligatorily working with local leaders, recording and obtaining decisions on complaints and conflicts among rights holders to the use and benefit of urban land. The draft census survey report may be formally endorsed by local leaders, it must pass through a process of disclosure and public consultation, be finally adjusted and then approved by the municipal authorities. Rights to the use and benefit of land in urban zones may be acquired by the following means: a) Granted approval; b) Contract governed lottery or public auction; d) Private negotiation; and, e) Occupancy in good faith. Title holders have the right to receive compensation in the event of expropriation of the property for public utility purposes and for the creation of servitudes. For servitudes the rights holder is compensated for the limitation of their right, in an amount that represents the actual loss resulting from the non-use of the part of the land affected by the servitude. Compensation for expropriation on the grounds of public utility of urban tenements must be fair and calculated on the basis of legally kstablished criteria. Basic urbanisation is classified as having off-site water supply and intermediate and completely urbanised areas are supplied through house or yard connections. The Municipal Framework Law no 2/97, makes municipalities responsible for urbanisation, housing and licensing construction, in accordance with their capacity, and in conjunction with other state bodies. Municipalities are also given the competence to exercise powers given to them under the Land Law and Regulations. None of the municipalities has recent specific policies on land use or relevant bylaws. Recourse is made to established practices based on outdated laws. The Municipal Finance Law no 11/97 gives municipalities the power to prepare and approve general and detailed land use plans, urban development programmes, and land development schemes, in collaboration with relevant central government bodies. Enforcement of such plans is subject to ratification by the government. Municipalities may also collect taxes on urban land and buildings, including unused land that has been provisionally allocated. Art. 56 notes that appropriate regulation will be developed for the assessment of the values of urban property, however prior to the availability of this, that provisional evaluation will be made according to the norms for valuation of urban structures with the objective of their sale by the Administration for State Property (APIE). The Municipal Tax Code (Decree no 5212000) also refers to the use of APIE norms until the regulations that will facilitate implementation of the Municipal Finance Law are available. The Property Registry is responsible for independently recording land use and property titles and transactions. Its legal basis of operation is in the process of review and updating. The Family Law no 1012004, stipulates that both partners may legitimately deal with property while safeguarding the other's rights. Immovable property, whether  WASISP - Resettlement Policy Framework belonging to either spouse individually or as common property, may only be transferred to others with the express permission of both partners. Co-ownership of property, including houses, is the most common type and is associated with first marriages. In this case, all property brought into the marriage by both partners, and the house and other items acquired by the couple during the marriage, including rights to use and benefit from land, belong to the husband and wife in equal shares. Communion of accrued property acquired under prior rights. This specifically includes property acquired through land occupation in good faith which started before a marriage, although compensation for loss may be payable as common property (Art. 1717, no 2). A partner does not therefore gain a half share of land or other property acquired through occupation in good faith. The new law defines this type of property holding as the default for de facto unions and traditional marriages, or instances where none is specified. This is important as a woman may now retain ownership of her possessions prior to marriage, as well as automatically be owner of half the marital property. Finally, under the separation of property mode, each party retains the ownership of their present and future assets, and may dispose of them as they please. The National Heritage Protection Law no 10188 aims to protect all national antiquities, historical and cultural heritage. Such protected areas are to be avoided in the selection of project sites. The regulations on Environmental Impact Evaluation (Decree no 4512004) obligate a project proponent to carry out consultation and public participation particularly in the case of people who's use of natural resources is restricted by a project or physical displacement is implied in the project preparation process. The regulations require presentation of an initial project proposal to MICOA for preliminary screening which will result in definition of the category of the project and the sort of impact assessment necessary. If the screening process triggers any one of the conditions outlined in the Regulations causing it to be defined as an A or B category activity, a Scoping Study is required to determine the terms of reference for an environmental impact assessment (EIA). If a project is to be implanted in a settled area implying the need for resettlement it must be considered an A category activity requiring a full environmental impact assessment, for small-scale socio-economic impacts a category B and simple environmental impact assessment would be necessary. For all negative socio-economic impacts appropriate mitigation measures must be designed as part of an environmental management plan. All Mozambican guidelines underline the importance of involving local authorities at (urban) district level and below in the process of resettlement to ensure it is locally appropriate, and so that government personnel may learn and apply similar procedures to other instances of resettlement in their territory. The provision of infrastructure and services for resettled populations would need to follow relevant national technical laws and regulations including: The Water Law (16/91), National Water Policy (1995) and Social and Technical Implementation Manuals (20021316); Technical specifications for the construction of health units from GACOPI, the Office for Coordination of Public Investments of the Ministry of Health;  WASISP - Resettlement Policy Framework Technical specifications from the Planning Department of the Ministry of Education; Quality control for all other construction of public utilities should minimally follow standards used by the Provincial Directorate of Public Works. While there are no specific legal guidelines for the social' aspects of resettlement Mozambique's ratification of the International Conventions of the Rights of the Child and Human Rights, Elimination of All Forms of Discrimination Against Women, Mozambique's agenda on Human Settlement and the Labour law define specific rights based on equity and equal opportunity without discrimination to the benefits of private enterprise and investments. Comparison between Laws of the Republic of Mozambique relating to Land Tenure and Administration and the World Bank OP4.12. The legal framework relating to land administration in Mozambique is wide reaching and complex. Entitlements for payment of compensation are essentially based on the right to use of and benefit from the land which is the property of the State as defined under statutory law. On the other hand the World Bank's OP 4.12 states that all project affected people are entitled to some form of compensation whether or not they have legal title if they occupy the land up to a cut-off date. The Bank's focus is to mitigate the adverse impacts of poverty as part of a project where any adverse impacts occurring are directly or indirectly attributable to activities funded by the project. Therefore, for this project the Mozambican Law would take precedence in as far as it recognizes rights of tenure. In cases where project affected people have no rights of tenure according to Mozambique law, the provisions of the Bank OP 4.12 would apply in terms of their rights for compensation, consultation, and grievance mechanisms where they have been affected by this project. Where there is conflict between laws of Mozambique and the World Bank OP 4.12, the latter must take precedence if the Bank is to fund this project. Sustainability requirements of OP 4.12 mean that local residents who are caused to stop.or reduce their activities, must be confident that they can find alternative sources of food or livelihoods. These must be provided via the resettlement project if they are not accessible. The Mozambican legal frameworks for Land and Planning and the Environment support this approach to sustainable human development and environmental management. In cases of infrastructure development projects that may involve involuntary resettlement, even where the exact scale of impacts and numbers of project affected people is not known, the Project implementing agency must screen sub-projects through the submission of a Resettlement Policy Framework prior to appraisal that conforms to OP 4.12. The framework estimates, to the extent feasible, the total population to be affected and the overall resettlement costs. If financial intermediary operations involve involuntary resettlement a RPF should also be submitted prior to appraisal. The RPF should include an assessment of the institutional capacity and procedures of each of the financial institutions that will be responsible for project financing. If resettlement is not foreseen prior to appraisal, but  WASISP - Resettlement Policy Framework during design or implementation is found to be necessary, the legal agreements specify the obligation of the financial intermediaries to obtain a resettlement plan consistent with OPIBP 4.12 from the Project proponent. The tenor of Mozambican decentralization and deconcentration policies advocating greater involvement of citizens and local level government is one that proposes commitment to more transparent governance, participatory planning processes and consultation with communities as clients. This basis of operations is endorsed completely by OPIBP 4.12 which emphasises the need for consultation and joint planning in the resettlement process, as a fundamental means of encouraging trust and sustainable outcomes. Mozambican legislation concerning resettlement is minimal, however it does require payment of compensation, and it underlines that potential displacement automatically triggers the realization of an EIA and the production of an environmental management plan. However the EIA legislation makes no distinct reference to a resettlement planning process. In the absence of such guidance, for all projects the principles and procedures stipulated in the Bank's OP/BP 4.12 will prevail and supplement all the gaps. Comparison of Mozambican Law and World Bank OP4.12 regarding compensation. Category of Impacted Mozambican Law World Bank OP4.12 Mitigation Measures People / Type of Lost Assets Land Use and Entitled to compensation Recommends land-for-land Land-for-land Benefit Title at a fair rate for compensation. Other compensation will be Owners improvements on the compensation is at prioritized. Other land. This is based upon replacement cost. compensation is at the type of rights they replacement cost. hold related to the use of the land under the law. Land In some cases land users Entitled to some form of Whatever the legal Users have secured tenure compensation whatever the recognition of their extended to them under legal recognition of their occupancy land users the law based on period occupancy. Entitled to will be entitled to of occupation. In compensation for crops, compensation so that other cases land users are may be entitled to they may maintain or not entitled to replacement land, and raise their levels of compensation for land income must be restored to well-being 1 income. occupation or use, or to pre-project levels at least. compensation for crops and any other economic assets.  WASISP - Resettlement Policy Framework Category of Impacted Mozambican Law World Bank OP4.12 Mitigation Measures People I Type of Lost Assets Owners of Cash compensation based Entitled to in-kind Entitlement to in-kind 'non on market value or compensation or cash compensation or cash permanent' entitled to new housing compensation at full compensation will be buildings on authorized land under replacement cost at full replacement cost government (state or including labour and including labour and local) housing relocation expenses, prior to relocation expenses, programmes. project impact. prior to project impact. Owners of Cash compensation is Entitled to in-kind Entitlement to in-kind 'permanent' based on market value. compensation or cash compensation or cash buildings compensation at full compensation will be replacement cost at full replacement cost including labour and including labour and relocation expenses, prior to relocation expenses, project impact. prior to project impact. Perennial Cash compensation based As per section 6 of this RPF Will follow section 6 Crops upon rates calculated as once approved by the of this RPF once an average net Bank and disclosed in approved by the agricultural income. Maputo and at the World Bank and disclosed in Bank Infoshop. Maputo and at the World Bank Infoshop. For all projects involving resettlement, a draft abbreviated RAP must be provided to the World Bank for approval before the project is accepted for World Bank financing. 8. Method for Valuing Affected Assets The World Bank emphasises the importance of establishing methodologies for calculating compensation that should be applied consistently to all people affected by the project in order to protect the Project developer from unjustified and exaggerated claims. Compensation calculations Although the basic formula provided through the Mozambican legal framework for valuation of houses used for living and business purposes in urban areas for sale refers to state property sold by APIE (ref: Decree no 13/94), in order to comply with World Bank requirements the final assessment value must be made using full undepreciated replacement costs. Monetary compensation for a house or ancillary structure will be the full undepreciated value of replacing the original house 1 structure. The reason for adopting World Bank recommendations is that the APIE formula takes the value of the building when new (area of construction, factoring in location in the city, importance, and quality of construction) subtracting the loss due to depreciation (annual percentage taking into account age, conservation and antiquity of the building) as the current value.  WASISP - Resettlement Policy Framework The valuation of tree crops and annual standing crops is made by agricultural extension technicians based on a standard formula. Calculation of fruit tree values account for the type of tree, its age, health, years of production, annual production and the estimated market price of this. Preparation As a first step an information sheet explaining eligibility, compensation rates and other entitlements, a timetable for implementation and information about grievance procedures should be produced in the local languages and in a clear easy to understand format. Information about the sub-project and progress in the resettlement process will be regularly updated and provided to people affected by the sub-project. Basic principles of the compensation process should be presented to sub-project affected people with the aim of securing their agreement with them. These would include the following: That the affected families agree with methods of assessment and valuation, deeming them fair and adequate. This should be established at the start of the process through consultation at community level; The compensation level will be sufficient to enable people to restore their productivity and standards of living after compensation / resettlement; Compensation payments will be made before assets are acquired for the development project and prior to resettlement - unless payments are staggered after resettlement to permit use of the money for its intended purpose, the restoration of livelihoods; Compensation payments will not be made in any way that puts the receiver in a position of insecurity. It is preferable to make payments through a post office, bank or other recognised institution. Local currency payments should take local currency fluctuations and inflation into account using a correction index. Inventory and Valuation The second step, valuation of affected assets, is carried out by facilitators through a consultative process with the asset owners or users during the preparation of the RAP. The objective of the consultation process is to (a) cany out an objective assessment of the assets, and (b) arrive at an agreement on the form and amount of compensation due for them. All shelter assets should be carefully examined and measured so that it is ensured that houses constructed in substitution are of better quality than the original ones. The materials and quality of construction of substitute houses should be carefully monitored so that these houses are well built and durable. After the valuation of assets is calculated, the resulting figures must be verified with the affected family in a process of discussion with the heads of households owning the assets. The procedures for realizing the valuation of assets is outlined below: Valuation procedures  WASISP - Resettlement Policy Framework a) A mixed team with representatives from the local authorities, local leaders, Provincial Directorate of Agriculture, the municipality and the Project Developer should be assembled to carry out an inventory of assets that will be lost or impacted and the degree of impact. b) An inventory must be made of each family's assets that will be lost or impacted, including physical structures: houses, latrines, stalls for sales of goods, shops, workshops, warehouses, wells and corrals; crops in the ground, land area for cultivation, residence, business; tree crops and income generating activities. It is important at this stage to gather enough information to be able to identify the total income per family and the proportion that will be interrupted or lost due to sub-project activity. Follow-up to verify compensation procedures and dues with each family will identify any with high proportions of land / crops / livelihoods sources lost. c) Procedures for calculation of compensation values will involve: a. Identification of all assets with the objective of the project developer replacing these with buildings of a better quality in locations chosen by the resettling families. b. Attribution of monetary values or materials at agreed-to rates equivalent to current replacement costs for shelter assets owned by families who only come to use their shelters in the project area in the agricultural season or for occasional trade. c. Attributing monetary values to the crop assets affected by the sub-project according to rates per crop calculated by the government agricultural sector and agreed on by the affected families. d. Attribution of assistance to find suitable alternative accommodation to rent to families renting and living in houses that will be lost. e. Attributing monetary values andlor alternative livelihood opportunities to cover the period of interrupted income receipt for those with businesses wholly or partially affected by project development. d) All compensation agreements should be recorded and signed with local witnesses as well as the signed verification of the local authorities. Copies of these documents should be held by the affected family and the Project Developer (FIPAG). e) Any productive land areas provided under the World Bank's 'land-for-land' compensation policy should be of equivalent or better productive potential in relation to the original land cultivated. They should be in an area of preference of the people being impacted as close as possible to the original land area, and they should be clearly identified prior to resettlement. Compensation for land that originally had standing crops should be provided already cleared and prepared for seeding. This may be done using local labour. f) If it is expected that resettlement will significantly disrupt the lives of affected individuals andlor families, those who are being resettled should be offered alternative livelihood source options. Resettling individuals andlor families should have access to learning about alternative appropriate income generation.  WASISP - Resettlement Policy Framework A summary matrix that shows probable categories of project affected people, how these may be entitled to various types of compensation and other benefits from the Project can be found on page 30. 9. Organisational Procedures for Delivery of Requirements Organizational procedures for meeting resettlement requirements 1. Resettlement planning requires that the Project Authority in consultation with Local Authorities and local leaders identifies the areas designated for resettlement. These must be acquired, demarcated and adequate access to public amenities secured prior to house construction and resettlement. 2. At the same time as identification of areas for resettlement, a similar process is required to ensure resettled families have substitute farm land areas, adequate service facilities and trading or market areas. This may involve payments for land acquisition, plot surveying and planning according to the Land Law and Regulations and municipal physical planning norms. The design of houses should be based on locally approved designs. Preferred construction materials should be those that permit rapid good quality construction since this activity is usually carried out under time constraints. 3. The typical procedure for the formal authorisation of rights to use land in urban areas such as might be needed for land acquisition for the relocation of displaced families includes the following steps: Application for concession of land from the relevant municipal directorate or municipal cadastral services. The state of the land being applied for will be verified, through consultations with the neighbourhood secretary or other local official, and by checking in the municipal land registers; After receiving provisional authorisation, application is made for a topographic map to show boundaries and their coordinates. A copy of the land concession must be attached to the application. Application for a building licence, and submission of a complete design of a building showing its location on the topographic map. A copy of the land concession must be attached. A number of departments are involved in approval including the health department and the fire brigade. The charge for a building licence is related to the costs of the proposed building; = After the building licence has been issued and the building completed, application for an inspection and land certificate must be made, attaching copies of the land concession, building licence and the topographic map. The land certificate is provisionally registered in the Property Register;  WASISP - Resettlement Policy Framework Application for a land-use title, attaching the land certificate and the plan. The title is authorised by the Mayor of the Municipal Council. It can then be registered in the Property Registry. In Maputo, the issue of title depends on the building inspectors and the cadastre departments. Compensation payment and assistance procedures After agreement is reached and documented on compensations forms and amounts, different types of compensation must be delivered. 1. Monetary compensation must be organised and payments made by the Project Authority to project affected people before resettlement through a bank or other authorised institution. Compensation for lost crops is best paid at a time that is directly related to the preparation of substitute areas for cultivation. When these have been identified and attributed to each family, and are ready for planting compensation may be paid, as long as it is not after resettlement. This is to ensure the best chance of this money being used to ensure the longer term benefits of from agricultural livelihoods activities. Compensation paid for interrupted business should be calculated to cover the period of time until the business is re-established. This can be minimised by the provision of alternative formalised small business facilities in appropriate areas to which people's economic activities can be relocated. Assistance may be provided to people to successfully develop their activities in the new conditions. Cash compensation may be paid as a single lump sum, but it is preferable that for amounts over US$450 or thereabouts that families are given the option of receiving payments in instalments. This will permit people to use the money for its intended purpose of re-establishing livelihoods. All receipts of payment should be adequately witnessed, documented and receipts acquired. Wherever possible payments should be made directly to recipients via a bank or other authorised entity. A coupon made out in the name of the beneficiary would be appropriate. This could be cashed in a prearranged system with a bank or at another reputable location of convenience. 2. Moving assistance for relocating families must be provided to permit the transfer of all assets to the new location. 3. A start-up kit could be provided to each resettling family that is based on the basic livelihoods and health needs of the target group.  WASISP - Resettlement Policy Framework Entitlement Matrix Category of Project Affected Compensation for loss of People Type of Loss Structures Compensation for loss of Assets I Other assistance Families living in the Loss of physical assets and Replacement of all Cash compensation for lost standing Assistance with food subsidies or employment development project area. loss of livelihood sources structures crops and provision of alternative land until livelihood re-established; moving (agricultural, trading for cultivation. Cash compensation for assistance; fruit tree seedling package; post- locations) loss of property according to resettlement support; cash compensation for undepreciated replacement costs period of interrupted trade, livelihoods and income generation development support. Families living outside the Loss of standing crops and Cash compensation for lost standing If alternative land is not provided with time to development project area who use of land for agriculture crops and provision of alternative land guarantee the next harvest & if the subsequent practice agriculture in the area for cultivation losses represent more than 50% of family targeted for construction. livelihoods source, a food subsidy may be I necessary. Families who only live and Loss of physical assets and Cash or (construction) Cash compensation for loss of crops cultivate in the project area loss of use of land for material compensation for and provision of alternative land for during the agricultural period. agriculture lost structures cultivation Families living outside of Loss of standing crops and Cash compensation for loss of crops project area, & only cultivate use of land for agriculture and provision of altemative land for there in agricultural period. cultivation Families who rent houses in the Loss of rented shelter Assistance to find alternative rented project area. accommodation. Individuals or families with a Loss of structure and Replacement of structure, Cash compensation for loss of property Cash compensation for period of interrupted house / market stall / shop in the interruption of income construction materials or according to undepreciated trade. Assistance to develop alternative project area as livelihoods cash compensation replacement costs. comparable income generating activity. source. Families who own property in Loss of property Replacement of structure, Cash compensation for loss of property the project area rented to or construction materials or according to undepreciated used by others cash compensation replacement costs. Families living adjacent to areas Damage to physical assets Compensation paid by the Cash compensation paid by the None. where construction will take and loss of livelihood contractor according to contractor for lost standing crops and place. sources (agricultural undepreciated replacement damages to property according to resources) costs. official unit values.  WASISP - Resettlement Policy Framework 10. The Implementation Process linking Resettlement Implementation and Civil Works Resettlement site preparation The Project Authority will ensure implementation of resettlement and compensation plans by tasking the Environment Unit with this responsibility. The Project Authority may assist with strategic decisions concerning resettlement site location and development, and implementation resources and procedures. At the beginning of the implementation process the Environment Unit will organise technical support from the relevant municipality for site demarcation and acquisition of land-use rights where necessary for resettlement and installation of other social and / or commercial facilities as necessary. The municipality will be responsible for detailed land-use planning, cadastre, delimitation and demarcation of sites for resettlement. Where there is no capacity in the municipality the Provincial Directorate of Agriculture's Cadastre Services will assist. On behalf of the Project Authority FIPAG's Environment Unit may contract additional assistance to facilitate resettlement such as contractors for house design andfor construction, consultants to oversee the construction process and social facilitators to organise implementation of the resettlement process with the project affected people. The use of the same facilitators that facilitated the consultation process required to prepare the abbreviated RAP / compensation plan would be advantageous to promote trust and a sense of continuity among the project affected people. Organisationfor resettlement If resettlement or compensation is undertaken, the process begins with awareness raising at community level about procedures and timing of resettlement /compensation implementation and project development. This must be organised by the Environment Unit together with the Communication and Image offices of the FIPAG delegations in the cities. At the start of the resettlement implementation process a local level resettlement committee should be established to represent the interests of those who will be impacted. The facilitators should organise the creation and capacity development of a local Resettlement Committee (RC) that is identified by the local Neighbourhood (baivro) Collective and includes a sub-group of its members, local leaders, and representatives of the project affected people. The local Resettlement Committee will be a key forum for linking community issues, including resettlement and grievances with the social facilitator, the municipal authorities, the Environmental Unit and ultimately the Executive Director of FIPAG.  WASISP - Resettlement Policy Framework Social facilitators would be engaged via FIPAG's Environment Unit to focus on community capacity development and support during and after resettlement. Since resettlement implementation would only be at a very small scale if at all in this project, efforts should be made to reduce the number of structures created for management. Any needed specialist technicians, other government members, or representatives of other communities with experiences to share would be contacted by the social facilitators to support resettlement implementation. Monitoring and evaluation of resettlement will be carried out by FIPAG's relevant city delegation with the Environment Unit that will assist in maintaining objectivity and ensuring compliance with the principles and procedures required for implementation. Awareness raising, compensation and resettlement The social facilitators will work with sub-project affected people so that they are aware of their rights and responsibilities, mechanisms for grievance presentation and redress, and the procedures that will be undertaken to effect their compensation and resettlement. The facilitators will verify that cash compensation paid by the Project Authority is carried out transparently before the physical resettlement of affected families. They will inform the Environment Unit concerning progress with house construction and any other facilities required for the resettlement area to effectively support incoming families. The facilitators will work with people physically displaced by a sub-project to ensure that they select houses to live in and areas to cultivate or conduct commerce and other livelihood activities that are socially acceptable to all of them, the local leaders and surrounding communities. The facilitators must ensure there is widespread understanding about the rights and responsibilities of project affected people and that potential misunderstandings are minimized. The Environment Unit will ensure houses are constructed, inspected and handed over to the municipality to hand-over to incoming families. The Environment Unit will be responsible for arranging appropriate moving assistance to displaced people and further assistance during the transition or adjustment period. Such assistance may include administering material grants such as food and building materials where necessary, and providing guidance on identification and development of alternative livelihood strategies. This assistance may be provided by contracted NGOs or from the public sector and should be sourced locally. The Project Authority will ensure instructions are made to project contractors so that they do not begin works on occupied project sites until the occupants have been compensated and where necessary physically relocated to another area. An officer from the Environment Unit should be designated and attributed no less than 50% of histher time to organising and directly supervising resettlement  WASISP - Resettlement Policy Framework implementation at project sites, and be provided with contracted field facilitators to facilitate the social and organisational aspects of resettlement and compensation implementation. After physical resettlement and payment of compensation the social facilitators will monitor and provide follow-up support to people when situations are detected where people may not be adapting or managing to take up the opportunities for adequate rehabilitation of their livelihoods. The municipalities may be involved in rehabilitation of project affected people's livelihoods and promotion of small enterprise development. Technicians from the Provincial Directorate of Agriculture may also assist in agricultural development with resettled people as necessary. The National Directorate of Water, FIPAG and CRA would be responsible for ensuring the availability of adequate potable water sources for resettlers and host communities where necessary and for advising on community management models for the facilities. Municipal Education and Health Departments would coordinate with the relevant Provincial Directorates to provide teachers and health workers respectively, if needed by resettling and host communities. FIPAG's Executive Director will have oversight responsibility for intra- and interdepartmental coordination and will be responsible for ensuring compliance concerning public consultation and disclosure. 11. Grievance Redress Mechanisms Grievance mechanisms Conflicts or grievances arising from the resettlement planning and implementation process generally arise from poor communication, inadequate or lack of consultation, inadequate flow of accurate information, or restrictions that may be imposed on project affected people. Communities will be involved in awareness-raising and training concerning their rights and obligations; how to obtain legal advice and representation, and how to seek redress against what they regard as unfair practices. Training for technical personnel from the FIPAG delegation, municipalities and local leaders in conflict management can assist in minimizing the negative impact of conflicts. Project affected people with grievances concerning proposed or actual resettlement or compensation arrangements will need to present these to trusted leaders who can act as linkages as necessary to others who may be needed to resolve the problems. Grievances can initially be presented for local redress to local influence leaders or the  WASISP - Resettlement Policy Framework local Resettlement Committee. Traditional and other influence leaders should be members of the local Resettlement Committee and be involved in creating awareness and resolving local problems. Some social, land and resource-use related conflicts may be resolved by traditional and other local leaders. If the issues are beyond their limits of authority, they may be passed on to the neighbourhood secretaries and municipal authorities for resolution if appropriate. If issues and grievances are concerned with relationships with secondary or external stakeholders, and 1 or are outside the capacity of the community or local authorities to resolve, they may be communicated to the social facilitator, who is likely to have earned a certain degree of trust locally for assistance with resolution. This channel may assist in local resolution or provide a rapid channel for timely resolution involving FIPAG's relevant CI Office / city delegate, or subsequently the Environment Unit, and if necessary, ultimately to the Project Authority. Alternatively, in relevant cases, the Municipal Mayor may be approached formally by the complainants to investigate and coordinate appropriate solutions to unresolved issues within hisher limits of authority. The Municipal Mayor has direct responsibility and is accountable to the citizens of the cities, often receiving grievances in relation to performance of the municipal council and its representatives. The Mayor can address the councillors whenever needed in the course of identifying the best way to respond to unresolved issues. Decisions on grievance redress and communication of these to the complainant should be timely at all levels. This will promote greater trust in the communication system and improve attitudes about the project within the community. Information should normally be returned to the community using the same channels as used for its initial transmission. The results should be communicated to all other levels and relevant structures at the same time for coordination and awareness purposes. In cases where conflicts or complaints are directed against FIPAG, municipal or government sector agencies or sub-project management, whenever possible, project affected people and communities will be encouraged to resolve conflicts harmoniously through informal mediation by external agencies or other government officers. When disputes cannot be resolved informally, more formal mechanisms will be required. Unresolved issues, dissatisfaction with solutions or if a community enters in conflict with a private-sector developer, may require formal recourse to the Municipal Mayor. Failing resolution there, it will be taken to the Ministry or agency with titular responsibility for the investment. Administrative and Legal Procedures Provisions to appeal with sectoral grievances to higher levels of government such as National Directors and Ministers exist in most legislation. Decisions made by the Municipality can be appealed in a civil court or the Administrative Court. Various actions in the course of resettlement may lead to disputes, for instance, poor construction quality of facilities.  WASISP - Resettlement Policy Framework In general, should any party be dissatisfied, the grieved party may take the complaint to a civil court where it will be dealt with under Mozambican law. In principle, a community can take a contractor or licensee to court for not abiding by the terms of an EA. Ultimately, though not usually practiced, all citizens have the right to address complaints to the Public Prosecutor, the institution responsible for ensuring the law is correctly applied, particularly in the elaboration of territorial management instruments and their implementation. Municipality and some sectoral government ministries represented by respective national and provincial directorates or departments will apply legally recognised procedures during planning and implementing of resettlement. These will include: Municipal Councils approve land-use management plans in each city and are responsible for ensuring compliance. The Municipal Assembly together with the Ministry for Education and Culture may declare historical-cultural use zones in the city boundaries. The Executive Director of FIPAG is the Project Authority. His office is responsible for ensuring compliance concerning public consultation and disclosure. FIPAG: The Investment Department's Environment Unit shall be responsible for ensuring EAs identify and mitigate potential impacts, and implementers comply with abbreviated RAP and compensation plan orientations. Municipal districts and neighbourhood secretaries and traditional leaders will identify available land where compensation shall include land. The municipal neighbourhood leaders will also take an important role in promoting local level resolution of grievances of project affected people. Ministry of State Administration in the form of the Provincial Government will intervene if the use of land is required outside the municipal territory. Municipalities have the authority to delimit land and authority to gazette its use. The cadastre units shall process land use rights acquisition and transfers of title deeds. Urban planning technicians shall identify and evaluate project affected people's structural assets, demarcate plots, and provide other relevant technical assistance to legal processing of these. Provincial Agricultural Directorates shall provide technical services for identification and evaluation of project affected people's agricultural assets. Legal procedures for acquiring land use rights for public interest shall be observed as provided for in the Constitution and laws of Mozambique, and supplemented by this Policy Framework. Particular attention during planning and implementation must be paid to the following principles outlined in the Constitution, and environmental, municipal, land and land use laws and regulations: Consultations with local authorities and project . . affected people must occur - - before and during project implementation. Notification of intentions or plans to acquire land use rights must be made public as required by the laws and this Framework.  WASISP - Resettlement Policy Framework Assets and other losses must be valued. Determination of compensation will be guided by Mozambican law, Ministry of Agriculture and Ministry of Public Works and Housing 1 APIE norms and World Bank's O.P. 4.12 on involuntary resettlement. Determination of alternative livelihood measures will be made by the project affected people, with the assistance of the FIPAG's Environment Unit and other agencies with expertise in the area. Full compensation must be paid to project affected people, and alternative livelihood measures initiated, before WASIS project activities begin in a project area. 12. Arrangements for Funding Resettlement The cost summary is estimated on the grounds of approximate knowledge of planned activities in the WASIS project, and it is expected that it will apply when screening reveals displacement, asset impact and 1 or other economic losses. Of the total sub- projects to be implemented in the four cities, it is estimated that network expansion is likely to have low socio-econodc impacts requiring compensation in almost all of them. Other sites may be identified during the course of implementation that have minor compensation requirements. Although physical displacement is not expected, it is identified through screening the costing will apply. Estimations have been calculated for resettlement and compensation based on present costs, factoring in the likelihood that the projects will be implemented over the next five years. The cost table below shows the total estimated for resettlement and compensation for partial economic impacts on a presently unknown number of families following guidelines in this Resettlement Policy Framework. This calculation is based on consideration of the costs of consultants to prepare abbreviated resettlement andlor compensation plans for sub-projects likely to require these (line A). Overall management of the planning and implementation process by the Environment Unit (line B) and capacity building of FIPAG delegation personnel and representatives in the municipal districts (line C) is included. It also covers the costs of social facilitators responsible for community liaison, information management and capacity development activities (line E). The figures provide for measures to reduce negative impact including estimated compensation for lost crops and business activities, replacement of houses in the unlikely event that they are affected, and alternative arrangements for lost access to use of land (lines F and G). An estimated amount for internal and external monitoring is also provided (line D), and local costs of resolutions of minor conflicts (line H). The cost summary is estimated on the grounds of approximate knowledge of planned activities in the WASIS project, and it is expected that it will apply when screening reveals displacement, asset impact, andlor economic losses.  WASISP - Resettlement Policy Framework Resettlement Policy Framework - Cost Estimate - FIPAG WASIS Project DESCRIPTION Total US $ A Resettlement preparation costs (1 abbrev. RAP) 40,000 B Core management organization, and supervision C Technical assistance costs (consultancy, capacity development & training) D Monitoring and evaluation costs E Community capacity development & resettlement facilitation (1 ab.RAP) F Compensation & mitigation measures (land acquisition and preparation) G Cash compensation measures (assets, agricultural produce) H Conflict resolution solutions GLOBAL TOTAL 125,000 Estimated number of families used for cost estimate representing those that may 200 be affected by WASZSproject activities World Bank funds may be used for abbreviated RAP elaboration, management and supervision costs, facilitators of resettlement implementation, monitoring and all compensation and mitigation measures except for the payment of cash compensation. Cash compensation must be sourced from FIPAG funds. Estimated costs presented in this Resettlement Policy Framework will be updated and improved during project implementation. 13. The Mechanisms for Consultation and Participation of Project affected People in Planning, Implementation, and Monitoring A local communication strategy stressing awareness-raising activities about the project(s) and resettlement procedures and entitlements should be carried out throughout preparation and implementation of resettlement in order to permit continuous consultation and reduce misunderstandings and grievances. The Project Authority is responsible for ensuring compliance concerning public consultation and disclosure. Preparation of the RPF Preparation of the Resettlement Policy Framework has initiated the process of public consultation through meetings with the main stakeholders from FIPAG responsible for infrastructure planning and development, management of information and programme implementation in each city. The preparation process has involved site visits and assessments of the potential social impacts likely for the planned sub- projects and consultation with CRA, municipal and some local authorities and community members living in the future sub-project areas. Consultation was also carried out in order to develop viable options for the management of resettlement implementation with the World Bank Task Team, FIPAG advisors and programme managers. The Policy Framework was developed  WASISP - Resettlement Policy Framework over a period of one month, building on prior consultation carried out by FIPAG in the development of its network expansion plans in the four cities. A list of people consulted can be found in Appendix 15.2. The Resettlement Policy Framework and abbreviated RAP preparation processes are participatory. Potential conflicts and communication channels for grievances should be identified via consultation during all phases, especially the socio-economic studies and impact assessments. The consultation process must involve all potentially project affected people. Consultations and negotiations will be carried out with all people affected by a project who will partially or wholly lose assets as a result of project activities, to determine their eligibility and preferences for compensation and participation in alternative livelihood development opportunities. During and after implementation individual and group consultation should continue to verify progress in taking up new livelihoods activities and in people restoring their lives to at least the levels they were prior to resettlement. The draft RPF will be circulated to FIPAG and its delegations who are likely to be involved in compensation and possibly resettlement planning and implementation. It will also be sent to the World Bank's Social Safeguard Reviewers - ASPEN. The Policy Framework will be finalized after inputs from all these bodies. Resettlement Plan preparation Socio-economic baseline studies may be required for developing an abbreviated Resettlement Plan. These would include questions on issues that will be further developed during the participatory planning process. Thus facilitators employed to assist with the development of the resettlement plan will consult with project affected people, local leaders and Local Authorities during this phase in order to identify: acceptable resettlement and compensation alternatives and solutions, and indicators for monitoring recuperation of livelihoods after resettlement. These important steps will be amved at through a process that involves all the important local stakeholders so that agreement on acceptable ways forward is reached. The World Bank must approve an abbreviated draft RAP document prior to its implementation. FIPAG is responsible for making an abbreviated draft RAP available at a place accessible to project affected persons and local community based organisations, in a form, manner, and language that are understandable to them for consultation. The abbreviated RAP is also submitted to the World Bank, which makes it available to the public through its Infoshop. Following disclosure and incorporation of feedback into the RAP, and after the Bank has approved the final abbreviated RAP, it and the government are obliged to disclose it again in the same manner. Any RAP that does not provide a report of public consultation carried out or does not fully integrate local issues and recommendations will not be approved. Resettlement implementation and follow-up A planned communication approach to resettlement implementation should be developed by FIPAG's Environment Unit together with the Cities Office in FIPAG Maputo and the CI Offices in each city. All aspects from community level  WASISP - Resettlement Policy Framework organisation, the resettlement process and project development progress through to grievances should be planned for in this approach. This should be integrated wherever possible with the principles and mechanisms developed in the past for resettlement implementation by FIPAG. Communication via leaflets, direct consultation and radio may be appropriate. In order to avoid grievances and misunderstanding, it is essential that effort is put into ensuring that affected community members are informed about their rights and responsibilities, and that they can discuss these so that they understand them. Facilitators, who are accepted by the community, speak the local language and possibly even come from the area, should be selected as the means for organisation of community level discussions about the procedures and implications of the resettlement process. Concerns of vulnerable groups may be transmitted through the channels created for grievances, and may be presented in facilitated discussion groups or through individual interviews. Many urban residents are somewhat inhibited and mistrusting of group meetings that are often seen to achieve nothing. When people see that their problems and queries are addressed and remedied, they gain confidence to participate more strenuously in resettlement activities. Facilitators will continue consultation after the physical relocation of affected people to new settlement sites to monitor their capacity to recuperate their livelihoods to levels equal to or better than they were before. Indicators will also be identified to monitor project affected people who were impacted by the project but not required to physically relocate. This will involve the use of indicators identified in the abbreviated RAP as discussed below. 14. Monitoring and Evaluation Arrangements Principles The overall objective for monitoring resettlement and compensation is to make an evaluation of the process in order to determine: (i) if affected people have been compensated in full and before implementation of the project activities, and (ii) if the people who were affected by the project have been affected in such a way that they are now living a higher standard than before, living at the same standard as before, or they are actually poorer than before. A number of indicators would be used in order to determine the status of affected people (land being used compared to before, standard of house compared to before, household income levels after resettlement compared to before, how many children are in school compared to before, health standards, etc). Therefore, the resettlement and compensation plans will set two major socio- economic goals by which to evaluate its success: Affected individuals, households, and communities are able to maintain their pre-project standard of living, and even improve on it; The local communities remain supportive of the project.  WASISP - Resettlement Policy Framework Another important indicator is the absence or prevalence of conflicts which may be used, though the type of conflicts is also important to the evaluation of the indicator. In order to assess whether these goals are met, the resettlement and compensation plans will indicate parameters to be monitored, institute monitoring milestones and provide resources necessary to carry out the monitoring activities. Monitoring processes Community consultation and participation in the resettlement planning process will result in the identification of parameters and milestones to be monitored to assess resettlement progress. These will be used in the formulation of the abbreviated RAP, for monitoring by external monitors. If deemed necessary, verification by auditors will also be included. Communities will assist in identifying indicators for the abbreviated RAP that will permit the early identification of vulnerable groups or households so that redress or assistance can be provided. Communities should also participate in the external evaluation of outcomes of resettlement. In principle the activities implied in any written agreements between the Project Authority and community representatives will be jointly monitored. Where possible, community organizations should be responsible for ensuring the compliance of community members. At community level, resettlement committees will be the main local structure involved in monitoring. The social facilitators will collect, verify with the resettlement committees, local leaders and authorities and, where possible ensure a direct response to local issues revealed through the monitoring process andlor pass the information on to the Environment Unit. The Environment Unit will be responsible for the monitoring and supervision of Resettlement Plan implementation. The Unit will maintain a record of Resettlement Plan monitoring information. The social facilitators will regularly monitor the status of vulnerable groups and households through on-going consultation. Where necessary, follow-up work with communities and individuals must be carried out to identify activities and sources of income that can improve their well-being. The Environment Unit will also carry out monitoring visits jointly with the local resettlement structures to verify progress. The Project Authority will be responsible for ensuring the adequate design, development and oversight of general resettlement monitoring and evaluation systems. Audits of process and impact can be usehl mechanisms for learning lessons, improving resettlement practices and ensuring compliance. FIPAG has ample experience in operationalising monitoring structures and management models. Internally, the quality of monitoring processes should be  WASISP - Resettlement Policy Framework regularly reviewed and improved. Issues such as leadership, representation, equity, and treatment of individuals vulnerable to specific hardships must be adequately addressed through monitoring. Training of all participants in how to use monitoring and evaluation for adaptive management decisions and how to use it as a basis for good communication flow will be essential for good programme management  WASZSP - Resettlement Policy Framework 15. Appendices Appendix 15.1 List of functions of the officer responsible for resettlement in the Environment Unit Functions of the Officer responsible for Resettlement in the Environment Unit These should include but not be limited to: The Officer will promote resettlement planning principles endorsed by FIPAG and the World Bank in its Operational Policy 4.12 on Involuntary Resettlement. This will include the involvement of communities in the planning and implementation of interventions that result from these polices and the use of acceptable conflict resolution mechanisms. The Officer will ensure particular attention is paid to the needs of vulnerable groups, especially those below the poverty line, the landless, the elderly, women and children. The Officer must ensure that displacement, economic impacts or restriction of access do not occur before necessary measures for resettlement are in place, including provision of compensation and of other assistance required for relocation, and preparation and provision of resettlement sites with adequate facilities. It is highly desirable that displaced persons and their communities, and host communities receiving them, are provided timely and relevant information, consulted on resettlement options, and offered opportunities to participate in planning, implementing, and monitoring resettlement. The Officer should use all means to ensure that these take place and that appropriate and accessible grievance mechanisms are established for these groups. The Officer will together with other municipal departments contribute to ensuring the quality and accessibility of infrastructure and public services for the displaced persons and host communities. Abbreviated RAP Implementation: Ensure the: Adequate design of awareness raising materials about the process of resettlement, development and implementation of a communication strategy. Adequately trained field facilitators for all resettlement programmes. Situation assessments, planning and implementation of communication strategies are carried out. FIPAG delegation supervision of resettlement and compensation payment and that the whole process is documented adequately and is carried out as transparently as possible. A Community Resettlement Committee is created at each resettlement site to coordinate activities, participate in resettlement monitoring, grievances  WASISP - Resettlement Policy Framework reception and channelling to the FIPAG delegation, provide help to families in discussion and selecting appropriate livelihoods development alternatives and ensure justice and equity at local level. Public meetings are carried out to raise and continue to update project affected groups and host communities on procedures and progress of implementation of the resettlement plan. The transparent realisation of compensation payment prior to resettlement. All public consultation is documented and retained as required by the World Bank. Monitoring and follow-up is carried out with all impacted individuals and/or families (and host communities where relevant) verifying with them their participation in activities that promote their rapid recuperation of livelihoods and social networks. - needs analysis and support to vulnerable families - training in alternative livelihood skills - basic health, hygiene and nutrition training - community organisation and leadership training support Coordinating with the FIPAG Executive Director to ensure technical assistance is contracted to provide training and support as needed. Ensuring the social facilitators monitor the use of grievance channels and facilitate their effective use by stakeholders, and that redress by FIPAG or other indicated parties is timely.  WASISP - Resettlement Policy Framework Appendix 15.2 List of People Consulted during RPF Preparation WASIS PROJECT People consulted during RPF preparation Name Entity Position MAPUTO Pedro Paulino FIPAG Head of Planning and Development Agnelo Mabote FIPAG Head of Investments Department Dulcidio Zandamela FIPAG Environmental Issues Officer Tony Wright FIPAG Advisor, Investments Department Luiz Tavarez World Bank Regional Senior Water & Sanitation Specialist BEIRA Antonio Cuna FIPAG Delegate Director Tome Antonio Chundiza FIPAG Head of Commercial Department Daviz Simango MC Beira Mayor Alexandre J6nior MC Beira Mayor's Advisor Augusto Chindero MC Beira Director of Construction and Infrastructure Manhoca Mario JosC Guina MC Beira Municipal representative to FIPAGI Head of section for Titles Mateus Espirito Santo MC Dondo Construction and Urbanization Councillor Mateus Taremba MC Dondo Head of Construction Services NAMPULA Jose Duarte FIPAG Delegate Director Lopes Munguelese FIPAG Head of Exploration Department Gilberta Napica MC Nampula Director of Environment, Water and Energy Fernando Jemusse MC Nampula Head of Water and Energy Services L6cia Leo CRA Delegate PEMBA JosC Mulandane FIPAG Delegate Director Adriano Barca FIPAG Head of Exploration Department EusCbio Celestino FIPAG Head of Communication and Image Section Chabane Agostinho Combo MC Pemba Coordinator of Solid Waste Project CRA Delegate QUELIMANE Elidio Biquele Khossa FIPAG Delegate Director Edson Pedro Abacar FIPAG Head of Networks, Extension and Standpipes Augusto Chipenembe FIPAG Maputo Administration & Finances Isabel Hermind FIPAG Head of Communication and Image Section Zarco Ferreira do Roshio CRA Delegate Benjamim Aramadina MC Quelimane Water and Electricity Councillor  WASISP - Resettlement Policy Framework Appendix 15.3 Rapid Situation Assessment of Beira, Nampula, Pemba & Quelimane Cities for RPF WSSIS PROJECT - RAPID SITUATION ASSESSMENT IN FOUR CITIES FOR RESETTLEMENT POLICY FRAMEWORK Sub-project Description Scope of Works Network extension for 2,000 connections with Network extension for 3,020 connections with Network extension for 4,300 connections with Network extension for 3,000 connections with pipelines laid in the road edges, in the road pipelines laid in the road edges, in the road pipelines laid in the road edges, in the road pipelines laid in the road edges, in the road reserve. Where these cross the roads restoration reserve. Where these cross the roads restoration reserve. Where these cross the roads restoration reserve. Where these cross the roads restoration will be rapid. will be rapid will be rapid will be rapid Works equipment & materials. Construction: Local contractor with manual Construction: Local contractor with manual Construction: Local contractor with manual Construction: Local contractor with manual labour to install pipes & connections, labour to install pipes & connections, vehicles. labour to install pipes & connections, labour to install pipes & connections, vehicles. generators, vehicles. Use of chlorinate flush out Use of chlorinate flush out to clean PVC pipes, generators, pneumatic jack hammers & soil Use of chlorinate flush out to clean PVC pipes, to clean PVC pipes, thinners & glue for fixing. thinners & glue for fixing. Operation: Same, compressors, vehicles. Use of chlorinate flush thinners & glue for fixing. Operation: Same, Operation: Same, without generators. without generators. out to clean PVC pipes, thinners & glue for without generators. fixing. Operation: Same, without generators or pneumatic equipment. Labour Approximately 30 casual labourers per zone & Approximately 22 casual labourers per zone & Approximately 30 casual labourers per zone & Depends on contractor's propostal supervision. supervision. 5 FIPAG technicians. Equipment 1 material storage Existing warehouses. Existing warehouses. Existing warehouses. Existing warehouses. Infrastructure in the area Schools & health units, electricity, road access Schools & health units, catholic orphanages, Schools & health units, electricity, road access Schools & health units, electricity, road access electricity, road access  .a.aasaJ peoi u! 1uaunl3eoi3ua .uo!sola 's[eplmu 1eml told j o sasnoq Lljsau ' u o ~ ] ~ e % o ou 'eaie uo!suedxa pameld 'luaualuas asuap - uq!lep~ .uo!sola %u!snoq pax!yy ,~uaruaplas snoauquods jo llnj ped laqlo ')old paz~e%io s q ped auo '~uauaplas asuap - q u m q n y y . s l o p l m [em1 .a.aasaJ peoi u! luaunl3mnug .uo!sola 'auom! p a ~ o i h ! j oale sasnoq g speoi paluelh! MOI Alaoul '~uaueuuad auos q l y pasladslalu! L~~EULIOJ ou aJe alaql sadld lalem ou ale sleualmu [ e m l j o sasnoq Lllsolu 'uo!lez!u&io 'Llddns ialefi pad!d ON .sad& %u!snoq aiaql alaqm seaie u! - oiqwalag ap ~1 :p o+ea told ou 'luaurajuas asuap - elelmm p a x y 'uo!~e~~eluap lold ou - (opuoa) o]!suo3 'amsai peoi u! ~uaurq3eowug.uo!sola 'amom! u n p m .Alddns lalem jo 1uauq3eoi3113 -sleplmu ~uaumuad pue L~lsau 'UO!lJn4SUcrJ pJalmu [em1 auos pad!d ON 'm j3 103 azuaq3s 8u!snoq mol auo pa~oiduI!jo %ulsnoqp a x ! ~pale3imuap lou %u!snoq iuaueuuad Ll~sour e JO e a ~ paz!ueqJn g s a d 4 Bu~snoq pax!ly .eaiejo lsow u! qold qold mq spmi seq - oJapAaj ap E :E OJ.I!E~ 'eaie uo!suedxa pauueld - oesuedxa a i p g m w oiu! uoges!ueqm l u a m - (opuoa) equuejem .%u!snoq ~uaueuuad ]so3 mol w o s 'eaie u! suo!ljemo3 lnoqly 'sa3-s lalem ON 'samoq l~aur?llllad .uo!sola 01 a u o q . s a J y s lalem pue samoq panoih! L1[em1 q l y pasladslalu! sad!d Llddns lalem 'ssame p m i uo Bu!q3eo~3ua m o s q l y speoi a p y q l y uo!leqJnuoj ON .s[e!lalmu luaueuuadjo sasnoq awo3u1 s l e p l m h e i o d ~ u jao~%u!snoq Lpsoly Lpadoid 'sleualm !em[ JO sasnoq L[lsoul uoqqu paz!s um!pu e uo Bu!snoq p a ~ o ~ h ! u n p a w MOU 'eaie uo!suedxa pameld se .]noq,y qlnos 'Llddns lalem g uo!)tr)y!lap 'slold u! pas!ue%io IOU - eiw~u&uog:Zo q e g 1 palemlle slold Ile - oesuedxa eleqnm pax? q l y eaie [ e m y s - oquo%uuem ~ 6 6 u! $old q l y ap!s u~a1sea - l s a h 08urun~em 1 m ! Lpsofl .awo3u! ~ 0 1 0 u ~ .sa+uas B ~ E M L o g .speoi uo luaurq3eoi~uq iood 'Bu!snoq lso:, @!q m o .luaueuuad .sdel ~ J E w ~ lso:, .sluap!sal =03u! la@y pue m n p w .Llddns miem auos pue 'ailua3 uo!lnqgs!a .sasnoq pa~oidu~! maj e pue sasnoq auaueuuad mol m o s pue Zu!snoq De~oduIal 's[ep~m 'mol pax!yy .uo!sola 01 13arqns eaie 'inoLe1 .%u!snoq luaumuad lsos mol NOS -sleplmu J O LPSOLU leml p a ~ o i h JO ma3 e q l y s [ e F l m [ E ~ ~sasnoq ! seam ueqm pauueldm uo loid pameld u ! 1ou lnq %u!snoq ~uaueuuad D e i o d u I a l ~~wueuuadjo Gupl!nq 'lnoLe1 pa~yyap s)old ou - OAON auouol :Zo q e a Bu~snoq p a x y lnq ssame peoi auolg - al!lEN Lllsoru 'luauralnas asuap - m y a n b q n u e ~ - &uem )old p@ 'Ll!suap @1q d[a~!lela~ 'auo3u! .sa3puas UJEM ON .Bu!snoq ~uaurrrmad .sasnoq [ e p i m [em[ iood LDA q l y ~ o s p a ~ o i hm u m p m .speoiJo £11 lnoqe 01 Llddns mem g o 3 M O w ! o s 's~epalmu1em1 ,Llddns mlem yomlau Limuud moueu ADA speoi awog . s l e p ~ m ~uaueuuad q l y slold pauyaa ,sasnoq iuaueuuad is03 L ~ s a u Bu!snoq ~o auos g aqua3 uo!lnquls!a .Bu!snoq luaumuad p a x y 'uo!sola '~uau~a[~ias j o maj e pue sasnoq [eplmu leml panoih! mo[ pue sle!la~m1~301 ! %u!snoq p a ~ o i h JO snoauquods q l y unuaAo eaie pas!ueqin ~ is03 MOI w o 's[epalm D~.~oduIal g  WASISP - Resettlement Policy Framework Land Use, Resettlement, and/or Land Acquisition Land use plans may be No negatively impacted. Densely populated areas in or Yes, positive impact of water supply Yes, positive impact of water supply Yes, positive impact of water supply Yes, positive impact of water supply near the sub-projects which connections. connections. connections. connections. could be affected. Sensitive land uses. None to manual labour works. None to manual labour works. None to manual labour works. None to manual labour works. Loss of livelihoods No No No No Loss of access to natural No No No No resources Additional demands on natural No resources Affect quality of natural No resources Resettlement required No No No No Sub-project labour influx to Minimal since most labour will be recruited Minimal since most labour will be recruited Minimal since most labour will be recruited Minimal since most labour will be recruited areas of work locally. locally. locally. locally. Property ownership & land use Areas are all residential, private ownership of Areas are all residential, private ownership of Areas are all residential, private ownership of Areas are all residential, private ownership of rights houses & structures, most without formally houses & structures, and most without formally houses & structures, and most without formally houses & structures, and most without formally registered occupation rights. registered occupation rights. Experience of registered occupation rights. registered occupation rights. compensation from Municipal Council for house loss. Loss of Crops, Fruit Trees, and Household Infrastructure Permanent or temporary loss Yes, annual crops planted in road reserve. Yes, annual crops planted in road reserve. Yes, annual crops planted in road reserve. Yes, amual crops planted in road reserve of crops Permanent or temporary loss Yes, some fruit trees in road reserve. Yes, some fruit trees in road reserve. Yes, some fruit trees in road reserve. Yes, some fruit trees in road reserve. of fruit trees, palms etc. Permanent or temporary loss Yes, walls around plots, steps and pavement Yes, walls around plots, steps and pavement Yes, wall & private use encroachment on road Yes, walls around plots, steps and pavement of household structures encroaching on pavements, vegetative materials encroaching on pavements, vegetative materials in Natite. encroaching on pavements, vegetative materials used as perimiter fencing. used as perimiter fencing. used as perimiter fencing.  WASISP - Resettlement Policy Framework Occupation health & safety Will be safeguarded by normal company & Will be safeguarded by normal company & Will be safeguarded by normal company & Will be safeguarded by normal company & state regulations & benefits. state regulations & benefits. state regulations & benefits. state regulations & benefits. Accidents at work Protection via the labour law. Protection via the labour law. Protection via the labour law. Protection via the labour law. Local labour opportunities Yes local labour will be recruited but unlikely Yes local labour will be recruited but unlikely Yes local labour will be recruited Yes local labour will be recruited including to be women due to strength demanded to be women due to strength demanded. women following positive experiences in the past. Historical. Archaeological, & Cultural Heritage Affect historical, No Yes, sacred baobab trees used for supplication No archaeological, or cultural to ancestors & cemiteries. Sacred trees in heritage sites Nametequeliua, Muhala ExpansHo, Muahivire, Matikiri. Cemeteries in Nametequeliua, Muhala ExpansZo, Muahivire, Namicopo, Muatala. Additional observations: - new access roads NO, but improvement of existing ones, some No, but improvement of existing ones, some No, but improvement of existing ones, some No, but improvement of existing ones, some reduced to paths with crops on necessary to reduced to paths with crops on necessary to reduced to paths with crops on necessary to reduced to paths with crops on necessary to gain access to some areas (Manga & Dondo). gain access to some areas. gain access to some areas. gain access to some areas. - institutional capacity & Municipal council of Beira performs most Municipal council performs most community FIPAG's new Communication & Image section Experience of successful resettlement by relations community liaison in municipaVFIPAG liaison in municipal/FIPAG construction needs support. FIPAG including supply of social construction activities in the city. In Dondo activities. Good relations. FIPAG's new infrastructure (schools, health unit) for collaboration between the municipality & Communication & Image section needs resettlers. Worked with NGO Kulima. FIPAG's FIPAG is good. support. Communication & Image section still weak but ideas to use radio and consumer letters to communicate. CRA coverage limited, but involvement with project suggested.  WASISP - Resettlement Policy Framework Kecommendahons: Compensation for lost property will be Compensation for lost property will be Compensation for lost property will be Compensation for lost property will be required. Advice one season in advance to required. Advice one season in advance to required Advice one season in advance to required. Advice one season in advance to cease cropping in road reserve areas. cease cropping in road reserve areas. cease cropping in road reserve areas. cease cropping in road reserve areas. A compensation plan made by FIPAG and a A compensation plan developed by FIPAG A compensation plan developed by FIPAG A compensation plan developed by FIPAG consultant that includes involvement of local (communication & image section), a (communication & image section), a (communication & image section), a authorities for communication purposes. consultant, municipal council & CRA & consultant, municipal council & CRA & consultant, municipal council & CRA & includes involvement of local authorities for includes involvement of local authorities for includes involvement of local authorities for communication purposes. Monitoring via communication purposes. communication purposes. Monitoring via municipality & support from CRA. municipality & support &om CRA. In principle there should be no need for In principle there should be no need for Compensation plan implementation would need Compensation plan implementation would need resettlement planning, and pipe laying should resettlement planning, and pipe laying should additional training for local FIPAG staff. additional training for local municiaplity, be designed to avoid all housing structures. be designed to avoid all housing structures. FIPAG Communication & Image section & CRA staff. Consider the involvement of women in the Consider the involvement of women in the Consider the involvement of women in the labour groups & spread the benefits of this labour groups & spread the benefits of this labour groups & spread the benefits of this practice to women-headed households. practice to women-headed households. practice to women-headed households. Warehousing should be maintained out of the Warehousing should be maintained out of the Warehousing should be maintained out of the Warehousing should be maintained out of the sub-project areas, and transport to the sites sub-project areas, and transport to the sites sub-project areas, and transport to the sites sub-project areas, and transport to the sites used instead as none are far. used instead as none are far. used instead as none are far. used instead as none are far. Consultant contract for social facilitation and Capacity building of Communication and Capacity building of Communication and Capacity building of Communication and community liaison. Image section for consultation and complaints. Image section for consultation and Image section for consultation and communication. communication.  WASISP - Resettlement Policy Framework Appendix 15.4 Land Use Assessment Form Cfor Land Use Acquisition)  WASISP - Resettlement Policy Framework MINISTBRIO DE OBRAS PUBLICAS E HABITACAO Projecto de Sewiqos de Sector de ~ u a Institucional (SSAAI) ~ e Apoio rio revogar direito de uso por motivos de interesse pliblico. do terreno nHo esta definido. .