summary of the abbreviated resettlement action … · in loss of paps basic services that...
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Language: English
Original: English
SUMMARY OF THE ABBREVIATED RESETTLEMENT
ACTION PLAN (ARAP)
FOR THE
ORGANIC SUGAR PROJECT OF PURE DIETS MOZAMBIQUE S.A.
IN
MOZAMBIQUE
0CTOBER 2015
E&S Team: Erika Auer, Senior Social Development Specialist, ONEC3
Kelello NTOAMPE, Environmental Scientist, ONEC3
Sector Director: K. DIALLO
Regional Director: K. MBEKEANI
Resident Representative: J. RIBEIRO
Division Manager: M. CISSE
AFRICAN DEVELOPMENT BANK GROUP
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Pure Life Abbreviated Resettlement Action Plan (A-RAP) Summary
Project Title: Pure Life Organic Sugar
Project SAP Code: P-MZ-AAG-005
Country: Mozambique Department: OPSD
Division: OPSD2 Date of Submission: 11/09/2015
Project Task Manager/ Alternate Task Managers: O. Afun-Ogidan / N. Vij / A. Valko-
Celestino
1. Description of the project, project area and area of influence
This is a summary of the abbreviated RAP developed for Pure Diets Mozambique SA by Protiviti
Global consultancy firm in 2015.
Pure Diets Mozambique SA (PDMSA) has proposed to set up organic sugarcane plantations, a
sugar mill of 3500 tonnes of cane per day (TCD) expandable to a 5000 TCD capacity along with
a 12 megawatts (MW) capacity co-generation power project for captive consumption (herein
referred as “project”). PDMSA has also proposes to bring initially 4311 hectares (ha) of land under
organic sugarcane cultivation in a phased manner. An additional 650 ha of land shall be used for
setting up necessary infrastructure like factory, roads, housing, and reservoirs. Out of this 650 ha,
200 ha is reserved for the factory. The power generated by the cogeneration plant will be utilized
for its own captive consumption and irrigation facilities.
The site is located at Malengane, Moamba District, Maputo Province in Mozambique. The project
area is located in Mozambique in the continent of Africa. Mozambique is surrounded by Malawi
and Tanzania in the North, Zambia and Zimbabwe in the West, Pretoria in South. The eastern
border is Indian Ocean. Mozambique is divided in to 11 provinces. The Maputo province is the
southernmost. The project is located at Moamba district in Maputo province on the South of
Incomati River bank, in Sabie Administrative Post, in the locality of Malengane. Moamba is well
connected by road and rail.
2. Potential impacts
There will be a significant impact of loss of structures that will be caused by the proposed project
mainly the construction of the organic sugar mill .Types of houses to be affected are largely the
made from mud, straw and locally available wood and bushes. Project Affected Persons (PAPs)
loosing residential structures are entitled to the compensation in form of housing structure to be
constructed in accordance with national standards (more details provided in Sections 9 and 11.1).
Demolition of outer structures and services such as fences, stores, toilets and kitchens will result
in loss of PAPs basic services that individuals, family or enterprises depend upon for sanitation,
security and general well-being, however, this will not necessitate physical relocation of PAPs or
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loss of business. The proposed project will result in loss of land mainly for used by the PAPs for
cattle grazing. A total of 64 cattle (cows and goats) are available with PAPs.
The project area that was considered was inspected and recommended by government officials
(land department) as it would impact a limited number of families (5). The area would also be
advantageous from logistic perspective for the factory. The project has decided to consider the
area based on the recommendations and considering limited number of families to be displaced.
3. Organizational responsibility
The community relationship department at PDMSA is mainly responsible for implementation,
monitoring and evaluation of resettlement action plan. As per article 6, 7 and 8 of Regulations for
the Resettlement Process Resulting from Economic Activities Decree 31/2012 of 8 August, a
technical committee shall also be formed. Internal monitoring for A-RAP implementation will be
carried out throughout the resettlement process. PDMSA should agree on the maximum time of
vacating and this should be done once all PAPs have received their compensation. It is
recommended that maximum time of vacating could be six months. The community relationship
department will keep a record of all progress and prepare regular monitoring resettlement
implementation reports that outline the successes and challenges encountered and submit to
Director. To ensure the efficiency, the community relationship department will facilitate
monitoring and reporting activities, provide regular reviews and quality control in addressing
provisions of the A-RAP. Data from field surveys will be used as the benchmark for monitoring
the progress of RAP implementation. PDMSA will submit quarterly monitoring report to the
lenders, it will be go along with the environmental and social management plan reporting.
4. Land Lease
As per article 3 and 4 of the Land Law 19/97 – Government of Mozambique the entire land is
owned by state.PDMSA had involved all the community leaders and Government officials in the
conception stage of the project and signed the Memorandum of Understanding (MOU) with
community leaders for processing the DUAT (land lease documents issued by Government of
Mozambique- Annexure 1 of the ESIA report) with the Director of Provincial Agriculture. Based
on the declaration, a model map is being prepared by the Government surveyors and it was referred
to the community leaders for their attestation for making the final map. The Temporary land title
(TEMPORARY DUAT) was issued to PDMSA by the Director of Provincial Agriculture. The
Temporary DUAT is issued by the Director of Provincial Agriculture directly if the size of land is
up to 1000 ha. If the land size is 1001 to 5000 ha and above 5000 ha, the temporary DUAT will be
issued by the Director Provincial Agriculture after getting approval from the Minister of
Agriculture and Land and the President respectively.
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5. Community participation
The households affected by the project were duly consulted in the presence of government
representatives and district administrator. They declared their willingness to relocate if they are
compensated as per Mozambican law. The households indicated their preference of relocating to
a site close to their current homesteads (houses made with mud and straw). Their concerns are
addressed in a Memorandum of Understanding which is signed by the heads of 5 families,
government officials and PDMSA. PDMSA has committed to fulfil the following:
Permanent Housing at Better Place
Houses to be constructed as per national standards
Arrangement of temporary housing
Graveyard Relocation and ceremonial assistance will be provided by PDMSA
Employment for families sugarcane fields, sugar mill etc.
Other general social benefits from the project such access to education, water,
sanitation facilities and healthcare facilities,
Access to pasture land that is proposed to be developed by PDMSA for cattle grazing.
6. Integration with host communities
The site selection is done considering the requirements of article 17 and 18 of Mozambique
Regulations for the Resettlement Process Resulting from Economic Activities Decree 31/2012 of
8 August. Soil test shall be conducted prior to start of the construction. The site is well located
with sufficient natural drainage and hence there are no chances of flooding. The households will
be relocated within the same community (1 km away from the existing location) and the
community was consulted for their consent on relocation of these families.
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7. Socio-economic studies
The following table demonstrates the result of the census survey undertaken by PDMSA.
Sl# Parameters Manjate Family Chewane Family Nkuna Family Xivite Family Chauke Family
1 Number of Men 3 2 3 2 1
2 Number of women 4 2 1 2 2
3 Number of children 1 4 3 1 2
4 Source of water River – Inkomati River – Inkomati River – Inkomati River – Inkomati River – Inkomati
5 Number of structures 2 3 2 1 1
6 Source of food Vegetable and
Poultry
Vegetable and
Poultry
Vegetable and
Poultry
Vegetable and
Poultry
Vegetable and
Poultry
7 Medical facility Sabie Hospital
and Traditional
Medicine
Sabie Hospital
and Traditional
Medicine
Sabie Hospital
and Traditional
Medicine
Sabie Hospital
and Traditional
Medicine
Sabie Hospital
and Traditional
Medicine
8 Number of people
employed
1 1 None None None
9 General educational
level of family
Uneducated Uneducated Uneducated Uneducated Uneducated
10 Diseases in Last 5 years Malaria &
Diarrhoea
Malaria &
Diarrhoea
Malaria &
Diarrhoea
Malaria &
Diarrhoea
Malaria &
Diarrhoea
11 Any physical
disability/disable family
members
None None None None None
12 Availability of
communication facilities
like mobile phones
Mobile Phones Mobile Phones Mobile Phones Not Available Not Available
13 Availability of Radio Available Available Available Not Available Not Available
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14 Availability of Banking
Facilities/ Financial
Inclusion
Not Available Not Available Not Available Not Available Not Available
15 Language Spoken Tsonga &
Portuguese
Tsonga &
Portuguese
Tsonga &
Portuguese
Tsonga &
Portuguese
Tsonga &
Portuguese
16 Number of cattle 9 48 5 Not Available Not Available
17 Source of Income Employment in
nearby
companies
Seasonal
Employment and
some vegetable
farming
Self-Employment Self-Employment Self-Employment
18 Education Facilities Primary School is
available now –
by PDMSA
Primary School is
available now –
by PDMSA
Primary School is
available now –
by PDMSA
Primary School is
available now –
by PDMSA
Primary School is
available now –
by PDMSA
19 Transportation Facilities Local Bus or
Common
Tractors
Local Bus or
Common
Tractors
Local Bus or
Common
Tractors
Local Bus or
Common
Tractors
Local Bus or
Common
Tractors
20 Owned Vehicles Bicycle None None Bicycle Bicycle
21 Permanent Cropping/
Agriculture/Standing
Crop
None None None None None
22 Type of Housing Made from
Straw, Mud and
locally available
material
Made from
Straw, Mud and
locally available
material
Made from
Straw, Mud and
locally available
material
Made from
Straw, Mud and
locally available
material
Made from
Straw, Mud and
locally available
material
23 Sanitation Facilities Toilets made
from locally
available
material/ Open
Sanitation
Toilets made
from locally
available
material/ Open
Sanitation
Toilets made
from locally
available
material/ Open
Sanitation
Toilets made
from locally
available
material/ Open
Sanitation
Toilets made
from locally
available
material/ Open
Sanitation
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8. Legal framework, including mechanisms for conflict resolution and appeal
This A-RAP has been prepared in consistent with the applicable policy provisions of the
Government of Mozambique and those of the African Development Bank- Integrated Safeguard
Systems (ISS), NedBank- IFC Performance Standards (PS) and Equator Principles and Deutsche
Bank Africa Agriculture and Trade Investment Fund (AATIF)- social and environmental (S&E),
and labour requirements in collaboration with the International Labour Organization (ILO) and
United Nations Environmental Programme (UNEP). The requirements are outlined below:
8.1. Government Legislation
All articles of the Land Law 19/97 – Government of Mozambique
Regulations for the Resettlement Process Resulting from Economic Activities Decree
31/2012 of 8 August Article 1- 28
8.2. International Requirements
Africa Development Bank – Integrated Safeguard System
OS2 - Involuntary Resettlement: Land Acquisition, Population Displacement and
Compensation
Ned Bank- IFC Performance Standards
PS5 - Land Acquisition and Involuntary Resettlement
AATIF- S&E Requirements on resettlement
9. Institutional framework
The community relationship department at PDMSA is mainly responsible for implementation,
monitoring and evaluation of resettlement action plan. As per article 6, 7 and 8 of Regulations for
the Resettlement Process Resulting from Economic Activities Decree 31/2012 of 8 August, a
technical committee shall be formed with the following objectives:
To monitor, supervise and make methodological recommendations for the entire
resettlement process
To issue technical opinions about the resettlement plans
To prepare monitoring and evaluation reports of the resettlement process, taking into
account the previously approved plans
To propose the notification of the proponent of an activity to provide information about the
progress of the resettlement process
To prepare the draft Internal Regulations of the Committee
To propose complementary rules for the implementation of these Regulations ‘
The following members will form the part of technical committee:
Member from PDMSA
Member of the Local Administration sector
Member of the Public Works and Housing sector
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Member of the Agricultural sector
Member of the Provincial Government
Member of the District Government
Other possible stakeholders who will be involved in the committee are:
Representatives of the affected population
Representative of Civil Society
Community leaders
As per article 16 of the aforementioned legislation, the resettlement process will adhere to the
following model:
1. Type of Housing -a) Organised housing plot with infrastructures; b) Housing with at least
type III characteristics (three bedrooms), with an area of 70 m2.
2. Construction Material- The houses defined in the previous paragraph are built with
conventional material (stonework) and according to an approved design.
3. Local Characteristics-The housing projects shall follow the social and cultural
characteristics of the resettlement place.
4. Vegetation Conservation- During house building the preservation of the vegetation shall
be guaranteed.
5. Economic Security-The continuation of the performance of subsistence activities shall be
guaranteed in the resettlement places, according to the cases, or income generation
programmes shall be defined.
6. Supporting Facilities-The resettlement process is accompanied by the establishment of
access roads, a water supply system, sanitation, electrification, health post, school, day-care
centre, market, shops, police station, leisure and recreation sites, sports facilities, worship and
meeting places.
7. Type of Area for Economic Activities-In resettlement places there shall be areas reserved
for the practice of agriculture, cattle breeding and other activities.
10. Eligibility
Project Affected Person (PAP) is defined as “Any person who, as a result of the implementation
of the project, loses the right to own, use, or otherwise benefit from a built structure, land
(residential, agricultural, pasture or undeveloped/unused land), annual or perennial crops and trees,
or any other fixed or moveable asset, either in full or in part, permanently or temporarily. Affected
people might be displaced either physically (“Physically Displaced People”) or economically
(“Economically Displaced People”).”
11. Valuation of, and compensation for losses
The calculation of compensation and other resettlement allowances for displaced property owners
based on the national legislation was done. The value of housing structure or asset (direct
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comparison method) and any crops (earnings approach) as determined by the valuation
assessments. The valuation has been done to include:
Relocation or loss of shelter- Housing to be arranged for PAP as per Government of
Mozambique;
Relocation of graves and associate ceremonial alliance- as per Government of
Mozambique;
Relocation to temporary housing arrangement till the time permanent housing is under
construction;
Loss of assets or access to assets (for example grazing area for cattle);
Loss of income sources or means of livelihood, whether or not the affected persons must
move to another location and/or provided with residential housing, or housing sites, or as
required, agricultural sites for which a combination of productive potential, location
advantages, and other factors is at least equivalent to the advantages of the old site. For all
affected properties a survey was conducted to determine current replacement costs such as
cost of construction materials, transportation costs, and labour costs at the date of valuation
as well as rates of compensating permanent crops.
Spot valuation was conducted at the site. Spot valuation was based on visual inspection and
physical counting technique. Physical verification of structures, assets, etc. was done.
11.1. Loss of Structures (residential structures)
There will be a significant impact of loss of structures that will be caused by the proposed
project mainly the construction of the organic sugar mill. Types of houses to be affected are
largely the made from mud, straw and locally available wood and bushes. PAPs loosing
residential structures are entitled to the compensation in form of housing structure to be
constructed in accordance with national standards. As per the article 18 of Regulations for the
Resettlement Process Resulting from Economic Activities Decree 31/2012 of 8 August, the
following housing standards shall be strictly adhered to:
The following criteria are considered for the definition of the size of the housing plot:
- Suitability for construction, with an inclination not higher than 10%, areas without a
high water table;
- In rural areas the area of the plot shall not be less than 5,000 m2 ;
- Front access to the road;
- Natural ventilation;
- Access to water and other infrastructures;
- Access to social facilities.
- In rural areas physical spaces for vegetable production and the breeding of poultry and
other animals shall be guaranteed.
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Also as per article 17 of the aforementioned legislation, PDMSA shall conduct the following
environmental test before starting the construction of residential structure. This will ensue
suitability of the proposed site:
- Soil permeability
- Water table level
- Inclination of the terrain
- Storm water drainage
- Soil fertility
11.2. Loss of Annexed structures
Demolition of outer structures and services such as fences, stores, toilets and kitchens will
result in loss of PAPs basic services that individuals, family or enterprises depend upon for
sanitation, security and general well-being, however, this will not necessitate physical
relocation of PAPs or loss of business. Annexed structures in this RAP are counted separately
and a total of 6 annex structures will be affected. For this A- RAP Annexed structures will be
entitled to the following compensation:
Compensation of the annex structure according to the type of structure; for example
better sanitation facilities, permanent toilets, kitchen area, fencing etc.
11.3. Loss of Land (Grazing Land for Cattles)
The proposed project will result in loss of land mainly for used by the PAPs for cattle grazing.
A total of 64 cattle (cows and goats) are available with PAPs. All PAPs that will lose land will
receive the following compensation:
Project promoters have committed to develop pasture land to be used for grazing the
cattle owned by the PAPs and community in general.
11.4. Loss of Permanent Crops/Trees (Individual PAP)
Permanent crops include those that take more than a year to reach full maturity and can be
harvested over a long period of time. In this case PAPs do not have any permanent crops that
may get affected and creates negative economic impact. PAPs have grown trees for various
purposes that include shelter, fruits and subsistence. Each tree is counted and compensated
according to its market value and age of maturity; for instance a mango tree that is fully
matured and producing is compensated 100% of the compensation rate of the tree. A total of
11 trees are identified that are likely to be affected due to the project. PAPs losing trees are
entitled to the following compensation:
Compensation of value of each tree according to the market value and level of
maturity;
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11.5. Loss of Cultural and Archaeological Property
The proposed project will have an impact on graves. A total of 11 graves will be affected by
the project and will have to be relocated prior to implementation. It should be noted that the
rates to be compensated for graves will vary depending on developments done on the grave.
Compensation will be paid for expenses related to the relocation of graves such as expenses
for ceremonies and labour in connection with exhumation and reburial, and any other
development. The processes of relocating the graves will be participatory and take into account
PAPs cultures and values. Where graves that would be adversely affected by the Project need
to be exhumed and reburied at alternative locations, rituals and ceremonies will need to be
conducted and must consult respective relatives. For this project, PAPs will be compensated
ceremonial cost and cost of relocation; while other costs related to relocation of the grave as
per national legislation.
12. Shelter, infrastructure and social services
The PAPs will also receive following benefits:
PAP will get employment for families sugarcane fields, sugar mill etc.
PAP will get access to better education facility
PAP will get access to medical facility
PAP will get access to safe drinking water
PAP will get access to better housing, sanitation facility
PAP will get access to public infrastructure
PAP will get financial inclusion through ATMs and Bank Branch
13. Implementation schedules
No. Parameters Start Date Timelines/Frequency
1 Formation of RAP Team and
Socio Economic Survey
March 2013 April 2013
2 Notice and MoU with PAP April 2013 Nov 2013
3 Formation of Technical
Committee
Nov 2015 Dec 2015
4 Communication of Grievance
Management System
Dec 2015 Dec 2015
5 Providing Temporary
Accommodation to the PAP
April 2015 Oct 2015
6 Providing Employment to PAP Jan 2014 Completed
8 Communication to PAP about the
permanent relocation structure
Jan 2016 Jan 2016
7 Construction of Permanent
Housing Arrangements for PAPs
Mar 2016 July 2016
8 Construction of annex structure
for PAPs
Mar 2016 July 2016
9 Relocation of Graves Mar 2016 May 2016
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10 Monitoring, Evaluation and
Submission of Completion
Report,
Nov 2015 Quarterly
11 Independent Audit- RAP
Implementation
July 2016 Annually
14. Costs and budget
No. Parameters Budget (MZN)
1 Providing Permanent Houses for 5 Families 3,000,000.00
2 Providing Temporary Housing for Families 350,000.00
3 Grave Relocation including Ceremonial Expenses 120,000.00
4 Compensation for Trees 88,000.00
5 Contingences 200,000.00
Total Budget (MZN) 3,758,000.00
15. Monitoring and evaluation
The monitoring process will involve the following:
Administrative monitoring to ensure that implementation is on schedule and problems are
dealt with on a timely basis.
Socio-economic monitoring during and after the relocation process to ensure that persons
have been able to recover successfully and as anticipated from the relocation program.
Administrative monitoring to ensure that relocation of graves has been adequately
performed and all PAPs have been well involved in the relocation process.
Data from baseline socio-economic surveys undertaken during consultation will provide
the benchmark for monitoring to assess the progress and success of A-RAP
implementation. Monitoring will also include communication with PAPs and
documentation of reactions from PAPs and physical monitoring of progress of the A-
RAP’s implementation, including the relocation of PAPs and the affected community
assets.
It is important that monitoring be guided by verifiable indicators. Ensuring compliance through
indicators to be monitored will be important in the RAP implementation process. Monitoring will
be undertaken at regular intervals, at least once a month. Following up of those who will have been
relocated will be necessary in the initial months to ensure that they are coping with the new
situation. The following is a list of the key indicators which will have to be incorporated in the
reports to be prepared by the entity implementing and reporting on the A-RAP:
Number of households and individuals affected by project activities
Number of households and individuals economically displaced (crop, shops and activities
affected, etc.) as a result of project activities
Number of households and individuals resettled by the project
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Number of resettlement houses built
Number of graves relocated
Number of resettlement houses taken possession of by resettles
Number of grievances received per month
Total of Grievances received (which are still open, and those closed)
Amounts of compensation paid for each category of lost assets (structures, land, crops
others) and other benefits obtained by households and individuals
Affected PAPs and resettled households economic and livelihood situation
Community structures affected
Community structures rebuilt and used by community
It is also important to engage external monitoring personnel who will review all compensation
tallies and ascertain whether compensation was provided correctly. The external monitor will also
assess whether PAPs have regained their prior living standards in terms of income, housing, access
to basic amenities, and ownership of land and material assets. The impact monitoring will first be
carried out approximately 3 months after the PAPs have been relocated and a report will be
submitted to Director and the lender group giving details of the evaluation and its findings.
PDMSA will conduct an independent third party audit to evaluate the effectiveness of the
resettlement plan. PDMSA will submit the audit reports to lenders for review.
16. References and Contacts
References
Abbreviated Resettlement Action Plan (09/2015). Organic sugar production and cogeneration
power plant. Prepared by: Protiviti Global
Contacts
Kelello Ntoampe, Principal Environmentalist. Email: [email protected].
Erika Auer, Senior Social Development Specialist. Email: [email protected]
Tel.: +225 2026 2269.