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MINISTRY OF LAND, ENVIRONMENTAL AND RURAL

DEVELOPMENT (MITADER)

MozLand

LAND ADMINISTRATION PROJECT INTERVENTIONS (LAPI)

ENVIRONMENTAL AND SOCIAL MANAGEMENT FRAMEWORK (ESMF)

September 2018

Draft report ESMF for Mozland

SUMÁRIO EXECUTIVO

Contextualização

Moçambique teve progressos significativos nos últimos vinte anos na melhoria do acesso seguro à

terra para todos os cidadãos, em particular através do fortalecimento da sua política e do

ordenamento jurídico relacionado com a terra e do funcionamento do seu sistema de administração e

gestão fundiária.

A incapacidade de executar tarefas básicas de administração da terra, especialmente a níveis mais

descentralizados (provincial e distrital), incluindo o aproveitamento das tecnologias disponíveis para

facilitar as actividades de regularização fundiária em larga escala, tem sido um grande obstáculo à

implementação da Lei de Terras e à execução sistemática do cadastro e registo dos direitos à terra.

Para enfrentar a pressão sem precedentes sobre a terra resultante da expansão dos centros urbanos,

a construção de infra-estruturas públicas, o desenvolvimento de projectos nas áreas rurais e novas

pressões sobre as terras resultantes das alterações climáticas, o Governo de Moçambique adoptou o

Programa Terra Segura em 2015, como parte do Programa Nacional de Desenvolvimento

Sustentável.

O Projecto de Intervenções de Administração de Terra (LAPI) também conhecido por Mozland irá

apoiar directamente a implementação do programa Terra Segura do governo e tornar-se um dos

principais veículos para a sua implementação.

Breve Descrição do Projecto

O Governo de Moçambique está a procurar o apoio do Grupo Banco Mundial para financiar o projecto

MozLand, a ser implementadas nos próximos 5 anos.

O Objetivo de Desenvolvimento do Projecto é fortalecer os direitos de uso terra em distritos prioritários

selecionados e modernizar os serviços de administração e gestão da terra. O objectivo de

desenvolvimento do Projecto proposto seria alcançado através de: (i) acelerar o estabelecimento do

cadastro e o registo de direitos de uso da terra; (ii) integração do planeamento básico do uso da terra

com actividades sistemáticas de regularização fundiária; (iii) melhorar o ambiente legal e operacional

do cadastro e registo de propriedades; (iv) fortalecimento da capacidade institucional e dos recursos

humanos para o estabelecimento e manutenção do sistema de cadastro e registo; (v) melhorar o

sistema digital de registo de propriedade e o sistema cadastral e torna-lo acessível on-line para o

público, e (vi) aumentar a conscientização sobre a importância dos direitos de propriedade predial,

particularmente ao nível da comunidade.

Os beneficiários directos do Projecto são: (i) indivíduos e comunidades dentro das áreas de

implementação do projecto, (ii) instituições como MITADER e suas Direcções que lidam com assuntos I

ESMF

MITADER ESMF for Mozland

de Terra (Direcção Nacional de Terras - DINAT, Direcção Nacional de Ordenamento Territorial e

Reassentamento - DINOTER e CENACARTA), Ministério da Justiça, Registos Notariais e Assuntos

Religiosos, municípios e outras agências centrais que gerem dados espaciais. As melhorias no

sistema de informações sobre administração de terras terão impacto nacional, disponibilizando

informações sobre administração de terras para todos, incluindo usuários especializados, como

notários, advogados, instituições financeiras, agrimensores e público em geral.

O Orçamento do Projecto Mozland está estimado em $100 milhões de Dólares Norte Americanos,

distribuído de seguinte forma pelas 4 componentes:

COMPONENTE 1: Desenvolvimento Institucional e Fortalecimento do Quadro Legal

(US$22.7 milhão).

COMPONENTE 2: Regularização Sistemática de Terras (US$64.7 milhões).

COMPONENTE 3: Project Management and Coordination (US$12.6 milhões).

COMPONENTE 4: Contingências e resposta a emergências.

COMPONENTE 1: Desenvolvimento Institucional e Fortalecimento do Quadro Legal. O objectivo desta

Componente é melhorar a eficiência das instituições existentes de administração de terras, seu

funcionamento e os padrões ou práticas pelas quais eles recolhem, processam, fornecem e mantêm

informações sobre a terra, incluindo a melhoria da prestação de serviços nos níveis distrital e

provincial bem como os sistemas de gestão da terra. Os subcomponentes e actividades indicativas a

serem apoiadas são: (i) Subcomponente 1.1 - Revisão da Política Nacional de Terras e do quadro

legal relacionada à terra; (ii) Subcomponente 1.2 - Consolidação de instituições e políticas; (iii)

Subcomponente 1.3 - Melhoria da infraestrutura e equipamentos. (iv) Subcomponente 1.4 - Sistema

de Gestão de Informações de Terras.

COMPONENTE 2: Regularização Sistemática da Terra. O objectivo desta Componente é apoiar a

regularização sistemática dos direitos de uso da terra em distritos selecionados através da emissão de

títulos comunitários de delimitação de terras e documentação formal que confere o Direito de Uso de

Terras - DUAT obtidos através da ocupação (consuetudinária e boa fé). As subcomponentes e

actividades indicativas que devem ser apoiadas são as seguintes: (i) Subcomponente 2.1 - Campanha

de Informação Pública e Sensibilização; (ii) Subcomponente 2.2 - Mapeamento Base; (ii)

Subcomponente 2.3. Delimitação e regularização da comunidade de direitos de uso da terra.

COMPONENTE 3: Gestão de Projectos e Coordenação (US $ 12,6 milhões). Esta componente incluirá

apoio ao MITADER e suas três Direcções principais (a Direção Nacional de Terras - DINAT, a Direção

Nacional de Ordenamento Territorial e Reassentamento - DINOTER, o Centro Nacional de Cartografia

- CENACARTA) e o Fundo Nacional para o Desenvolvimento Sustentável - (FNDS) para gerir o

Projecto através do financiamento de uma Unidade de Implementação do Projecto (UIP),

monitoramento e avaliação, e actividades de consciencialização pública e outras actividades.

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COMPONENTE 4: Contingências e Resposta a Emergências. Reflectindo a abordagem estratégica

adoptada em Moçambique em toda a carteira do Banco, esta Componente fornecerá resposta

imediata a situações de emergência elegíveis. Como tal, no caso de tal emergência elegível (conforme

definido no Manual Operacional já preparado e adotado pelo governo), e a pedido do governo, a

Componente financiaria actividades de emergência e despesas através da realocação de fundos do

Projecto.

Arranjos Institucionais

O Ministério da Terra, Ambiente e Desenvolvimento Rural - MITADER, que é responsável pelo

desenvolvimento e implementação de políticas da Terra será o responsável pela implementação do

projecto Mozland. O Fundo Nacional de Desenvolvimento Sustentável (FNDS), criado em 2016, está

sob a supervisão do MITADER, e tem como objectivo mobilizar fundos, promover e financiar

programas e projectos que assegurem um desenvolvimento sustentável, harmonioso e inclusivo, com

particular ênfase nas áreas rurais. Por conseguinte, pretende mobilizar, recolher, gerir e investir

fundos ligados ao meio ambiente, florestas e terras, e gerir projectos financiados por doadores, como

os projectos financiados pelo Banco Mundial. Além de ser supervisionado pelo MITADER, este Fundo

é supervisionado financeiramente pelo Ministério do Plano e Finanças.

O pelouro de Gestão de Projectos no FNDS é responsável por gerir todos os projectos (incluindo o

Projecto Mozland). Para cada projecto é atribuído um coordenador e uma equipe técnica específica

(Unidade de Implementação do Projeto - UIP). As tarefas de Suprimento e Finanças estão sob a

responsabilidade do sector de Suprimento e Finanças do FNDS, respectivamente. Outras equipes do

sector de gestão de projectos que fornecem suporte a todos os projectos são: salvaguardas, florestas

e recursos naturais, cadeias de valor agrícola, terra, infraestruturas e mapeamento através do Sistema

de Informação Geográfica -SIG.

O Ministério é representado a nível provincial pelas Direcções Provinciais de Terra, Ambiente e

Desenvolvimento Rural (DPTADER) e a nível distrital pelos Serviços Distritais de Actividades

Económica -SDAE e pelos Serviços Distritais de Planeamento e Infraestruturas - SDPI que

coordenarão as actividades de implementação a esses níveis.

A FNDS irá assegurar a coordenação entre as diferentes entidades do Governo envolvidas na

implementação das actividades do Projecto e actuará com a Unidade de Implementação de Projectos

(UIP) a nível provincial. As responsabilidades de implementação fiduciária e de salvaguardas também

caberão ao FNDS, mais especificamente ao seu Departamento de Gestão de Projectos, que

actualmente administra vários outros projectos financiados pelo Banco como o Projecto Sustenta,

Projecto MozFIP e Projecto MozBIO.

A UIP estará sob a liderança de um Coordenador do Projecto e também incluirá na sua equipe

principal um coordenador técnico e especialistas nas áreas de aquisições, gestão financeira, Monitoria

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e Avaliação (M&A), desenvolvimento social e gênero, Salvaguardas e comunicação. A FNDS estará

em coordenação com outros ministérios envolvidos no projecto, tais como, o Ministério da Justiça

serviços Notariais e Assuntos Religiosos - responsável pelo Registo de Bens Imóveis (registo predial),

e o Ministério da Administração Estatal e Função Pública, responsável pela divisão administrativa do

país) e outros níveis de governação (províncias, distritos, municípios). Os mecanismos para a

coordenação inter e intrainstitucional são mostrados na figura abaixo.

Fig. 1:Arranjos Institucionais para a implementação do Projecto Mozland

Legislação moçambicana sobre gestão ambiental aplicável ao projecto

A legislação moçambicana fornece uma base suficiente para a gestão dos aspectos ambientais e

sociais das actividades propostas no âmbito do Mozland.

Os aspectos relativos ao meio ambiente estão previstos na Constituição de 1990, tanto no que diz

respeito aos direitos e garantias (Artigo 90 da Constituição da República de Moçambique - CRM). De

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facto, o Artigo 90 da CRM declara o direito dos cidadãos viverem em um ambiente equilibrado e os

tem o dever de defendê-lo.

A principal lei de protecção ambiental em Moçambique é a Lei do Ambiente (Lei nº 20/97 de 1 de

Outubro), que estabelece o quadro jurídico geral para a protecção e gestão do ambiente. O Decreto nº

54/15, de 31 de Dezembro, sobre Avaliação de Impacto Ambiental regula o processo de AIA para

qualquer projecto de desenvolvimento.

Avaliação de Impacto ambiental

O Ministério da Terra, Ambiente e Desenvolvimento Rural (MITADER), através da Direção Nacional do

Meio Ambiente (DINAB), é a autoridade responsável pela Avaliação de Impacto Ambiental (AIA) e pelo

licenciamento ambiental das actividades no país.

O Regulamento do Processo de Avaliação do Impacto Ambiental (Decreto n.º 54/2015 de 31 de

Dezembro) estabelece as regras para o processo de avaliação ambiental, nomeadamente o processo

de categorização das actividades, o nível e o conteúdo de estudos ambientais necessários para as

diferentes categorias, processo de participação pública, processo de revisão, etapas de licenciamento

ambiental (provisório, de instalação/construção e de operação), responsabilidades, inspecções, taxas

e penalidades aplicáveis. O processo de Avaliação de Impacto Ambiental é um instrumento que visa

contribuir para a sustentabilidade ambiental e social das atividades. Começa com a Pré-Avaliação da

atividade (fase de triagem), pela Autoridade de Avaliação do Impacto Ambiental a nível central ou

provincial, de acordo com a localização do projecto. O processo de triagem resultará na categorização

do EIA do projecto com base nas informações disponibilizadas, visita ao local do projecto pelas

autoridades da AIA, verificação se o projeto está listado em um dos Anexos do Regulamento, isto é,

Anexo I - Atividades da Categoria A +, Anexo II - Actividades da Categoria A, Anexo III - Actividades

da Categoria B, Anexo IV - Actividades da Categoria C. Durante o processo de AIA, é sempre

necessário analisar as questões fatais conforme especificado no Anexo V. As categorias são definidas

no Decreto da seguinte forma:

Categoria A+ - Actividades que, devido à sua complexidade, localização e/ou

irreversibilidade e magnitude dos impactos, merecem não apenas um alto nível de

vigilância socio ambiental, mas também o envolvimento de especialistas nos processos

de AIA.

Categoria A - Actividades que podem afectar significativamente organismos vivos e áreas

ambientalmente sensíveis e seus impactos são de maior duração, intensidade,

magnitude e significância.

Categoria B - Actividades que não afectam significativamente organismos vivos ou áreas

ambientalmente sensíveis em comparação com as actividades listadas na Categoria A.

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Categoria C - Actividades que têm impactos negativos mínimos, desprezíveis ou

insignificantes.

Nos termos do Regulamento da AIA, as actividades propostas pelo Mozland são de categoria B ou

inferior. O processo de AIA descrito no Decreto n.º 54/2015, é resumido na figura abaixo.

Figure 2: Processo de EIA de acordo com o Decreto 54/2015

Outras Legislações Ambientais e Socais relevantes para o projecto são:

Auditoria e inspecção ambiental o Auditoria ambiental (Decreto nº 25/2011 de 15 de Junho). o Inspecção Ambiental (Decreto nº 11/2006 de 15 de Junho)

Padrões de Qualidade do Ar e emissão de Efluentes o Decreto sobre padrões de emissões de efluentes e qualidade de ar (Decreto nº

18/2004, alterado pelo Decreto 67/2010)

Gestão de Resíduoso Regulamento sobre a gestão de resíduos perigosos (Decreto nº83/2014) o Regulamento sobre a gestão de resíduos Urbanos (Decreto nº94 / 2014)

Recursos Hídricos o Lei da Água (Lei nº. 16/91 de 3 Agosto) o Regulamento sobre licenças e concessões para uso da água (Decreto nº

46/2007).o Regulamento de sistemas públicos de abastecimento de água (Decreto nº

30/2003 de 1 Julho)

Gestão Costeira

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o Regulamento sobre Prevenção da poluição do mar e costeira, e protecção ambiental (Decreto nº. 45/2006 de 30 de Novembro).

Ordenamento Territorial o Lei sobre ordenamento do território (Lei nº 19/2007 de 18 de Julho)o Regulamento da Lei sobre ordenamento do território (Decreto no 23/2008 de 1

de Junho. o Directiva sobre o processo de expropriação para fins de ordenamento territorial

– Diploma Ministerial nº 181/2010 de 3 de Novembro.

Patrimonio Cultural o Lei da Protecção Cultural (Lei nº 10/88, de 22 de Dezembro);o Regulamento de Protecção do Património Arqueológico (Decreto nº 27, de 20 de

Julho de 1994);

Reassentamento Involuntárioo Regulamento sobre o Processo de Reassentamento Resultante de Actividades

Económicas (Decreto nº 31/2012 de 8 de Agosto.o Diploma Ministerial nº155/2014 sobre o Regulamento interno de funcionamento

da Comissão de Reassentamento.o Diploma Ministerial nº 156/2014 sobre Directiva técnica para a preparação e

implementação do Plano de Reassentamento.

Fauna e Flora o Lei de Florestas e Fauna Bravia (Lei nº 10, de 7 de Julho 1999)o Regulamento da Lei de Florestas e Fauna Bravia (Decreto nº 12/2002, de 6 de

Junho).

Políticas de salvaguarda do Banco Mundial acionadas pelas actividades do projecto e a categorização do projeto

As políticas de salvaguarda do Banco Mundial acionadas pelo projecto, principalmente pelas

actividades da subcomponente 1.3 - Melhoria da infraestrutura e equipamento - da Componente 1 e

subcomponente 2.3 - Delimitação de Terras Comunitárias e regularização dos direitos de uso da terra

- da Componente 2 do projecto são:

OP 4.01 para Avaliação Ambiental - Prevê-se que os possíveis impactos ambientais e

sociais negativos directos sejam de menor significância, específicos ao local, reversíveis

e facilmente mitigáveis. Esses impactos resultarão em grande parte da construção de

obras civis para instalações essenciais e necessárias para administração de terra, que

incluirão edifícios administrativos, infraestrutura de gestão da terra e processo de

regularização e demarcação de terras.

OP 4.12 para Reassentamento Involuntário - O projecto pode resultar em situações que

envolvam restrições involuntárias de acesso à terra e recursos naturais como resultado

da regularização e demarcação da terra. A restauração dos meios de subsistência das

pessoas afectadas pelo projecto relacionadas a restrições de acesso a recursos será

abordada por meio de uma Estrutura de Política de Reassentamento (RPF).

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Habitats Naturais OP / BP 4.04 - Ao fornecer títulos de terras aos proprietários de terras

em áreas rurais, esse processo fomentará o desenvolvimento de projetos que possam

ter impacto direto e indireto em habitats naturais, inclusive em áreas próximas a áreas

de conservação, contendo habitats naturais.

Florestas OP / BP 4.36 - O propósito da demarcação de terras e emissão de títulos de

terra é permitir a implementação de atividades de desenvolvimento nessas áreas, que

podem afetar as florestas dentro de áreas comunitárias, áreas de conservação ou em

áreas protegidas.

Recursos Culturais Físicos OP / BP 4.11 - É possível que o projecto afecte ou envolva

recursos culturais físicos devido a obras civis que podem exigir algumas escavações ou

movimentos de terra.

O Banco realiza a triagem ambiental de cada subprojecto proposto para determinar a sua dimensão e

o tipo de Avaliação Ambiental necessário. A OP 4.01 para Avaliação Ambiental do Banco classifica o

projecto proposto em uma das quatro categorias, A, B, C e D, dependendo do tipo, localização,

sensibilidade e escala do projecto e da natureza e magnitude de seu potencial impacto ao ambiente.

(a) Categoria A: Um projeto proposto é classificado como sendo de Categoria A se for provável

que tenha impactos ambientais adversos significativos que sejam sensíveis, diversos ou sem

precedentes. Esses impactos podem afectar uma área mais ampla do que os locais ou instalações

sujeitos a obras físicas.

(b) Categoria B: Um projeto proposto é classificado como sendo de Categoria B se seus impactos

ambientais adversos sobre as populações humanas ou áreas ambientalmente importantes - incluindo

áreas úmidas, florestas, campos e outros habitats naturais - forem menos adversos do que os

projectos da Categoria A. Esses impactos limitam-se ao local do projecto; poucos, e nenhum deles é

irreversível; e na maioria dos casos as medidas de mitigação podem ser concebidas e implementadas

de maneira mais simples do que para projectos de Categoria A.

(c) Categoria C: Um projecto proposto é classificado como Categoria C se for provável que tenha

impactos ambientais mínimos ou inexistentes. Além da triagem, nenhuma outra acção da AIA é

necessária para um projeto da Categoria C.

(d) Categoria FI: Um projecto proposto é classificado como Categoria FI se envolver investimento

de fundos do Banco por meio de intermediário financeiro, em subprojectos que possam resultar em

impactos ambientais adversos.

O projeto Mozland foi classificado como sendo de Categoria B de acordo com a política de

salvaguarda do Banco Mundial para Avaliação Ambiental - OP 4.01, devido à natureza e característica

dos impactos das actividades dos subprojectos proposto que são específicas ao local, temporários,

facilmente mitigáveis e em muitos casos reversíveis. Assim, todas as actividades de subprojectos

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classificadas como sendo de Categoria A poderão não ser elegíveis para financiamento e, como tal,

não serão implementadas sob este projecto.

As actividades ou subprojectos de Mozland propostas serão classificados através de um processo de

triagem ambiental e social, em uma das seguintes categorias de impacto ambiental: A, B ou C,

conforme definido na política de salvaguarda do Banco Mundial para Avaliação Ambiental OP 4.01.

Como a localização dos subprojectos não será conhecida antes da avaliação do projecto, seus

impactos negativos exactos não podem ser determinados exactamente neste estágio, porém, com

base no tipo de actividades a serem desenvolvidas, os impactos podem ser identificados e medidas

de mitigação genéricas recomendadas. Por essa razão, este Quadro de Gestão Ambiental e Social -

QGAS foi preparado para garantir que potenciais impactos ambientais e socioeconômicos negativos

sejam identificados durante a triagem de subprojectos individualmente antes da sua aprovação, e que

medidas apropriadas sejam estabelecidas para evitar, minimizar ou mitigar impactos negativos no

decurso da sua implementação.

A fim de abordar os requisitos de salvaguardas para OP 4.12 - Reassentamento Involuntário, também

desencadeado pelo projecto, foi desenvolvido um Quadro de Política de Reassentamento em

separado.

Impactos ambientais e sociais de Mozland

Potenciais Impactos Positivos - O projecto Mozland trará inúmeros impactos sociais positivos para

as comunidades, famílias e cidadãos que, em um regime de boa-fé ou por normas e práticas

consuetudinárias, estão ocupando a terra. A delimitação das terras comunitárias e a regularização dos

direitos de uso da terra beneficiarão os usuários da terra pela segurança da posse que passam a

auferir, abrindo oportunidades de investimento, aumentando a proteção de recursos em terra

regularizada, reduzindo áreas de terra óssea e conservação de terras comunitárias, encorajando o

maneio da terra de longo prazo, intensificação do uso de terras e melhoria da conservação da

biodiversidade. A regularização da terra também reduzirá os conflitos de ocupação de terras,

melhorará o planeamento de novos desenvolvimentos pelo governo e aumentará a receita tributária

dos usuários de terras. Os investidores passarão a receber informação atempada sobre a

disponibilidade de terras que é essencial para a tomada de decisões sobre potenciais investimentos

que desejam fazer em Moçambique.

Além dos impactos positivos acima mencionados, melhorias de infraestrutura e equipamentos

beneficiarão aos trabalhadores, devido à melhoria das condições de trabalho, redução do tempo de

processamento do DUAT, acesso on-line a informações e acesso a dados confiáveis para decisões

importantes sobre administração de terras.

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Potenciais Impactos Negativos - Se administrados de forma adequada, as intervenções propostas

provavelmente não resultarão em impactos ambientais ou sociais adversos significativos. Porém, se

não forem cuidadosamente projectados e implementados, os subprojectos podem resultar em

impactos ambientais e sociais negativos, particularmente aqueles que envolvem investimentos em

desenvolvimento e construção de infraestrutura (por exemplo, escritórios provinciais e escritórios

regionais distritais, modernização da rede geodésica nacional) e de delimitação das terras

comunitárias e regularização de terras. Aspectos ou questões ambientais relacionadas à

subcomponente 1.3 - Melhoria da infraestrutura e equipamentos - da Componente 1 e

Subcomponente 2.3 - Delimitação e regularização de terras comunitárias e regularização dos direitos

de uso da terra - da componente 2 do Projecto, incluem principalmente o seguinte:

- Ambiente físico

Os riscos estão relacionados à erosão do solo que pode surgir de práticas inadequadas na execução

das construções, uso intensivo do solo e práticas inadequadas de gestão de resíduos; questões de

gestão da água relacionadas ao seu uso, má gestão de efluentes e de resíduos; qualidade do ar

particularmente resultante de emissões de poeira nas obras de construção e no transporte, além das

emissões resultantes da queima de combustíveis fósseis. A regularização da terra pode resultar na

utilização intensiva do solo, já que a disponibilidade de terra alternativa será muito limitada como

resultado da regularização massiva e delimitação de terras comunitárias.

- Ambiente biótico

Tanto o desenvolvimento da infraestrutura como a regularização fundiária podem induzir à

fragmentação e esgotamento de biodiversidade e dos ecossistemas - especialmente se a localização

das infraestruturas não for corretamente selecionada e se o processo de regularização fundiária não

levar em conta as áreas de protecção parcial previstas na legislação de Terras. A regularização

fundiária abrirá oportunidades para o desenvolvimento de projectos que possam esgotar rapidamente

os recursos existentes em áreas demarcadas e recorrer a áreas protegidas. Por outro lado, as

atividades de desflorestamento podem ocorrer antes do processo de regularização fundiária, já que

algumas pessoas podem procurar armazenar esses recursos antes da emissão de títulos formais ou

levar a um maior desflorestamento devido ao aumento da atividade econômica.

-Ambiente social

A regularização fundiária, apesar de muito benéfica, alguns riscos não intencionais, como incentivar a

venda de terras recém-tituladas e induzir a ocupação de novas áreas, podem surgir como um

fenômeno de oportunismo. O simples facto de os beneficiários terem um título pode ser visto como

uma oportunidade de negócio e mais terra pode ser utilizada para esse propósito antes e durante o

projecto. Conflitos entre casais podem surgir sobre de quem é nome que deve constar no título,

considerando que algumas partes do país são matrilineares (norte) e outras são patrilineares (centro e

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sul), o mesmo tipo de conflito pode ser visto em famílias alargadas e juntos ocupam e trabalham a

terra. O projecto deve levar em consideração as questões de gênero, a fim de exacerbar os problemas

de desequilíbrio de gênero ao emitir títulos. As reformas da legislação de terras propostas podem

gerar uma corrida a ocupação de terras rurais, pois não se sabe que riscos sociais trarão as

mudanças no quadro legal.

Outros riscos associados à execução do projecto são riscos à saúde e segurança ocupacional, fluxo

de pessoas nas áreas do projeto, saúde pública, assédio sexual, mudança no uso do solo.

Objectivos do QGAS

O QGAS foi preparado para fornecer uma estrutura geral para a gestão ambiental e social das

atividades dos subprojectos a serem desenvolvidas no âmbito do projecto Mozand, e deve ser usado

como uma ferramenta prática durante a implementação do projecto. Os objectivos específicos do

QGAS são:

Estabelecer procedimentos e metodologias claras para levar em consideração questões

ambientais e sociais durante o planeamento, revisão, aprovação e implementação de

subprojectos a serem financiados pelo projecto;

Determinar os papéis e responsabilidades na preparação e implementação de

subprojectos, a fim de assegurar-se o cumprimento adequado das políticas de

salvaguarda do Banco Mundial;

Avaliar os potenciais impactos ambientais e sociais dos subprojectos previstos e propor

medidas de mitigação.

Identificar as necessidades de treinamento e fornecer um orçamento para treinamento e

capacitação da UIP e parceiros de implementação.

Estratégias do Quadro de Gestão Ambiental e Social -QGAS para mitigar os riscos ambientais e sociais

Triagem, revisão e processo de aprovação dos subprojectos

O processo de triagem destina-se a determinar o grau do potencial das actividades dos subprojectos

propostos de causar impactos ambientais e sociais negativos significativos com vista a determinar

medidas de mitigação apropriadas e garantir a sustentabilidade ambiental do subprojecto. O processo

consiste em 3 etapas fundamentais: (i) triagem dos riscos ambientais do subprojecto, verificação no

local e categorização do estudo a ser realizado (isenção, Estudo Ambiental Simplificado-EAS, Plano

de Gestão Ambiental e social-PGAS, Plano de Accão de Reassentamento -PAR); (ii) Realização do

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estudo de acordo com a categorização; (iii) revisão e aprovação do estudo de acordo com os

resultados.

O processo de triagem será realizado usando um formulário de triagem apresentado neste QGAS. As

equipas de salvaguardas estabelecidas nas províncias serão responsáveis pela condução do

processo de triagem ambiental e social em estreita colaboração com o DPTADER e FNDS central.

O orçamento do QGAS inclui custos inerentes a participação dos técnicos do DPTADER no

desepenho do seu papel no projecto na provisão orçamental designada “Preparação, implementação

de EIAS, PGAS e documentos de salvaguarda relacionados, incluindo monitoria e avaliação.” A

revisão e aprovação dos estudos será feita pela equipe central de salvaguardas e a DPTADER

respectivamente. A tabela abaixo resume os principais passos e responsáveis pela triagem, revisão,

aprovação, execução e monitoramento de subprojectos.

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Tabela 1: Principais passos e responsáveis pela triagem, revisão, aprovação, execução e

monitoramento de subprojectos

No Fases/ Actividades Responsabilidade Suporte Provedor de Serviços

1.Triagem do subprojecto

Identificação da localização dos subprojectos

FNDS DINAT DINOTER DPTADER SDAE e SDPI

N/A

Triagem dos subprojectos usando o formulário de triagem e determinação dos documentos de salvaguarda a serem preparados (EAS, PGAS, PAR, etc.)

Equipe de Salvaguardas do FNDS- PIU

Equipe central de Salvaguardas do FNDS;

UIP SDPI e SDAE DPTADER

N/A

2. Avaliação e Categorização

Confirmação/Homologação da categorização

Coordenador area de salvaguardas - FNDS

No objection do Banco Mundial e do DPTADER

N/A

3. Elaboração de documentos específicos de salvaguarda para o subprojecto

Preparação, aprovação e lançamento dos ToR

FNDS -equipe de salvaguardas

Banco Mundial Especialistas de

suprimento Realizar estudos incluindo

consultas públicas Especialista de

suprimento; DPTADER, autoridades locais;

Consultor

Revisão e validação dos documentos e obtenção da licença ambiental

Banco Mundial, DPTADER

Consultor

Publicação dos documentos

Banco Mundial, DPTADER,

Mídia

4. Integração de documentos vinculativos de salvaguarda nos contractos

Integração dos requisites de salvaguarda nos documentos vinculativos de implementação do subprojecto (contractos e outros)

FNDS – equipe de salvaguardas

Aquisições/UGEA,

Banco Mundial

Empreiteiro

Training of actors in the implementation of ESMP

FNDS – equipe de salvaguardas

WB Consultores instituicões

publicas competentes

5.Execução do Projecto

Execução das obrigações de salvaguarda durante a execução do contracto

Provedores de serviços de terra e infraestruturas/empreiteirosFNDS-equipe de salvaguardas

Banco Mundial Consultores NGOs Outros

6. Monitoramento ambiental e social

Monitorização interna da implementação de medidas ambientais e sociais

FNDS - equipe de salvaguardas

Especialista em Monitoria e Avaliação (M & E)

Gestor financeiro •Autoridade local

Empreiteiro

Divulgação do relatório interno de monitoramento

Coordenador do ProjectoCoordenador da área de salvaguardas

Comunicação

Monitoramento externo da implementação de salvaguardas

FNDS coordenador da área de salvaguardas

Coordenador do Projecto DEPTADER, Banco Mundial

Consultor Independent / Externo

Monitoramento ambiental e social

FNDS ONGs Autoridade local

Laboratórios especiaizados

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No Fases/ Actividades Responsabilidade Suporte Provedor de Serviços

ONGs Auditoria de implementação do PGAS

FNDS/WB Banco Mundial, DPTADER, Autoridades Locais

Auditores externos

Consulta pública e processo de divulgação

Na elaboração deste QGAS foram consultadas várias partes e no final realizadas 3 reuniões de

consultas em três distritos, nomeadamente em Matutuine – Província de Maputo (Zona Sul do país)

onde participaram 20 pessoas, Meconta – Província de Nampula (Zona norte do país) onde estiveram

presentes 32 pessoas e em Moatize na Província de Tete (Zona centro do país) onde participaram 50

pessoas. Nestes encontros estiveram presentes os membros dos governos distritais, conselho

consultivo alargado e membros influentes da sociedade e membros do público em geral.

Paralelamente, na avaliação social do projecto, foram realizadas consultas publicas a nível das

comunidades nas regiões norte centro e sul, acompanhadas de inquéritos no âmbito da avaliação de

impacto social para implementação do projecto. Foram consultados um total de 618 indivíduos onde

cerca de 45% foram mulheres (informação disponível na síntese de consultas do relatório de

avaliação social).

Principais questões apresentadas nas consultas estão relacionadas a necessidade de demarcação de

terras comunitárias e áreas de infraestrutura pública, como escolas e centros de saúde, por estas

serem alvos de invasão. Também recomendaram a descentralização do processo de emissão de

Direito de Uso e Aproveitamento da Terra (DUAT), tendo lamentado o facto do processo actual ser

muito lento, que mesmo para uma parcela residencial o processo deve ser aprovado a nível provincial.

Eles sugeriram que o mecanismo de apresentação de reclamações e queixas existente no nível da

comunidade deveria ser integrado ao projeto. Foi também recomendado para que fossem realizadas

consultas públicas ao nível local antes de início dos subprojectos.

O processo de elaboração de EAS, PGAS e PAR dos subprojectos deve envolver consultas dos

afectados de acordo com a legislação nacional. O processo de consulta deve incluir (i) consultas com

grupos de interesse que requerem atenção especial (grupos focais), agências nacionais, ONGs e (ii)

reunião aberta ao público a nível local. Cópias de documentos devem ser disponibilizadas para a

comunidades e partes interessadas em locais acessíveis através das autoridades governamentais

locais (por exemplo, conselhos locais, secretarias distritais, direcções provinciais relevantes,

MITADER e outros).

As consultas devem ocorrer durante o processo de seleção do local, triagem do projecto, preparação

do documento (EIAS, PGAS, PAR, etc.) e durante as missões de monitoramento do projecto, se

necessário. Para uma implementação bem-sucedida das diretrizes e recomendações do QGAS, é

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importante garantir que os grupos-alvo e as partes interessadas que desempenham um papel na

implementação dessa estrutura sejam adequadamente treinados.

Os aspectos das consultas bem como os potenciais riscos identificados foram considerados tanto no

presente ESMF, no RPF e na avaliação de impacto social, e deverão ser mitigados através de

processos de triagem de subprojectos bem como na metodologia de regularização de posse de terra e

estratégia de comunicação do projecto.

Fortalecimento da capacidade de implementação do ESMF

Para uma implementação bem-sucedida das directrizes e recomendações do QGAS, é importante

garantir que os grupos-alvo e os actores envolvidos na implementação deste quadro sejam

adequadamente treinados. O treinamento específico para melhor integração do projecto deve envolver

os membros da UIP e abordará questões como triagem de projectos, elaboração de manuais de boas

práticas, estudos de avaliação ambiental e social, revisão e aprovação de projectos, mecanismos de

apresentação e resolução de reclamações, disseminação de PGAS, monitoramento e avaliação das

actividades do projetos.

O FNDS tem uma vasta experiência na gestão de projetos similares, e possui uma equipe de

salvaguarda competente que pode apoiar a UIP da Mozland, incluindo o fornecimento de treinamento

necessário.

Mecanismo de reparação de queixas

Mecanismos de apresentação e resolução de reclamações são uma maneira de prevenir e resolver

preocupações da comunidade, reduzir riscos e apoiar processos que criam uma mudança social

positiva. Um diálogo franco e uma resolução cooperativa de preocupações simplesmente representam

boas práticas de negócios, tanto na gestão de riscos sociais e ambientais quanto na promoção de

objectivos de projectos e desenvolvimento comunitário. O FNDS desenvolveu e está a implementar

um mecanismo de diálogo e reclamações que considera diferentes níveis de resolução oferecendo

oportunidades de recurso em caso de insatisfação do reclamante em 3 níveis (local, FNDS e

arbitragem independente).

Monitoramento da Implementação do QGAS

A FNDS desenvolveu procedimentos e modelos de monitoramento e relatório que foram considerados

aceitáveis pelo Banco Mundial e serão usados neste projecto. Os relatórios de monitoramento e

progresso são críticos para o sucesso da implementação do QGAS, bem como do Mozland. A

monitoria considera visitas de campo e produção de relatórios de avaliação de execução de

salvaguardas com regularidade trimestral que devem ser submetidos ao Banco Mundial. A equipe de

salvaguardas das UIP com apoio de salvaguardas do nível central são responsáveis por esta

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actividade. De forma geral, Haverá uma equipe de monitoria e avaliação na UIP responsável pelo

desenvolvimento, implementação e manutenção do sistema de M&A descentralizado do projecto, que

irá recolher de forma sistemática as informações necessárias para acompanhar o progresso e

documentar a conformidade com as políticas de salvaguardas. As informações geradas pelo sistema

de M&A, serão usadas para ajustar os procedimentos operacionais e fazer quaisquer correções

necessárias ao longo da implementação do projecto.

O objectivo específico do processo de monitoramento é garantir que o QGAS da Mozland está a ser

seguido em todos os níveis e estágios do ciclo de implementação do Projeto, incluindo consultas com

os afetados pelo projeto.

Treinamento e capacitação

A capacitação e o treinamento da unidade de implementação do projeto (UIP) serão cruciais para

identificar possíveis impactos do projecto e determinar a categoria ambiental e social apropriada do

subprojecto durante a fase de triagem. Isto será crítico para a implementação do QGAS e

subsequente produção de documentos específicos de salvaguarda de cada subprojecto, tais como

ESIA / PGAS ou PAR, conforme necessário, e o desempenho ambiental e social global do projecto

Mozland. O QGAS identifica as necessidades de treinamento dos principais intervenientes, define

papéis e responsabilidades na sua implementação, monitoria e avaliação, tendo sido estimado o

orçamento de US $.920,000.00 para a sua implementação.

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EXECUTIVE SUMMARY

Background

Mozambique has made significant progress in the past twenty years to improve access to land and

security of land rights for all citizens, particularly by strengthening its land-related policy and legal

frameworks, and the functioning of its land administration and management system.

The inability to perform basic land administration tasks especially at decentralized level, including

harnessing the available technologies to facilitate land regularization activities at large scale, has been

a major obstacle to the implementation of the Land Law and to systematically execute the cadastre

and register land rights. To address unprecedented pressure on land resulting from the expansion of

urban centres, the construction of public infrastructure, the development of land-based projects in rural

areas, and new pressures on land from climate change, the Government of Mozambique adopted the

Terra Segura Program in 2015, as part of the National Sustainable Development Program

The Land Administration Project Interventions (LAPI) will directly support the implementation of the

government’s Terra Segura program, and become one of Mozambique’s main vehicles for its

implementation.

Brief project description

The Government of Mozambique is seeking support from the World Bank Group to finance Land

Administration Project Interventions (LAPI) also known as MozLand, to be implemented for 5 years.

The Project Development Objective is to strengthen land use rights in selected priority districts and to

modernize land administration services. The development objective of the proposed Project would be

achieved by: (i) accelerating the establishment of the cadastre and the registration of land use rights;

(ii) integrating basic land use planning with systematic land regularization activities; (iii) improving the

legal and operational environment of the cadastre and property registry; (iv) strengthening the

institutional capacity and human resources for the establishment and maintenance of the cadastre and

registry system; (v) improving the digital property registry and cadastral system and its accessibility

online to the public, and (vi) raising awareness on the importance of real property rights particularly at

the community level.

The Project’s direct beneficiaries include (i) households and communities within the project target

areas, (ii) institutions such as MITADER and its Directorates (the National Directorate of Land - DINAT,

the National Directorate of Land Planning and Resettlement - DINOTER, the National Centre for

Cartography and Remote Sensing - CENACARTA), the Ministry of Justice, Constitutional and

Religious Matters, municipalities and other central agencies managing spatial data. Improvements in

the land information system will have a nationwide impact by making land administration information XVII

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available to everybody including specialized users such as notaries, lawyers, financial institutions, and

surveyors and general public.

The Mozland Project is budgeted at $100 million USD and will cover 4 components:

COMPONENT 1: Institutional Development and Strengthening of the Legal Framework

(US$22.7 million).

COMPONENT 2: Systematic Land Regularization (US$64.7 million).

COMPONENT 3: Project Management and Coordination (US$12.6 million

COMPONENT 4: Contingent Emergency Response Component (CERC) .

COMPONENT 1: Institutional Development and Strengthening of the Legal Framework. The objective

of this Component is to improve the efficiency of existing land administration institutions, their

functioning and the standards or practices by which they collect, process, provide and maintain

information on land, including the improvement of service delivery at district and provincial levels, as

well as the land information management systems. The subcomponents and indicative activities to be

supported are: (i) Subcomponent 1.1 – Revision of the National Land Policy and land-related legal framework; (ii) Subcomponent 1.2 – Consolidation of institutions and policies ; (iii) Subcomponent 1.3 – Infrastructure improvement and equipment. (iv) Subcomponent 1.4 – Land Information Management System.

COMPONENT 2: Systematic Land Regularization. The objective of this Component is to support the

systematic regularization of land use rights in selected districts through the issuance of community land

delimitation certificates and formal documentation for DUAT rights obtained through occupation

(customary and good faith).The subcomponents and indicative activities to be supported are the

following: (i) Subcomponent 2.1 – Public Information and Awareness campaign; (ii) Subcomponent 2.2 - Base Mapping; (ii) Subcomponent 2.3 Community delimitation and regularization of land use rights.

COMPONENT 3: Project Management and Coordination (US$12.6 million). This component will

include support to MITADER and its three main Directorates (the National Directorate of Land - DINAT,

the National Directorate of Land Planning and Resettlement - DINOTER, the National Centre for

Cartography and Remote Sensing - CENACARTA) and the National Fund for Sustainable

Development (FNDS) to manage the Project through financing of a Project Implementation Unit (PIU),

monitoring and evaluation, and public awareness and outreach activities.

COMPONENT 4: Contingent Emergency Response Component (CERC). Reflecting the strategic

approach taken in Mozambique across the Bank’s portfolio, this Component will provide immediate

response to an eligible emergency. As such, in the event of such eligible emergency (as defined in the

CERC Operational Manual already prepared and adopted by the government), and at the request of

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the government, the Component would finance emergency activities and expenditures through the

reallocation of funds from the Project.

Institutional Arrangements

The Mozland implementation responsibility will be under the responsibility of the Ministry of Land,

Environment and Rural Development - MITADER, which is responsible for developing and

implementing land policies. The National Sustainable Development Fund (FNDS) created in 2016, is

under MITADER´s supervision, and has the objective to promote and finance programs and projects

that ensure sustainable, harmonious and inclusive development, with particular emphasis on rural

areas. Therefore, it aims to collect, manage and invest funds linked to environment, forestry and land,

and to manage donor-funded projects, such as the WB funded projects. Besides being supervised by

MITADER this Fund is financially supervised by the Minister of Finance.

The Project Management Sector is responsible for managing all the projects (including Mozland

Project). For each project is assigned a coordinator and a specific technical team (Project

Implementation Unit – PIU). Procurement and Finance tasks are under the responsibility of FNDS’s

Procurement and Finance Sector respectively. Other teams under the Project Management Sector

provide support to all projects on Safeguards, Forest and National Resources, Land Value Chains and

GIS mapping.

The Ministry functions/objectives are performed at provincial level by the Provincial Directorates of

Land, Environment and rural Development (DPTADER) and at the district level by SDAE and SDPI that

will coordinate implementation activities at those levels.

FNDS will provide coordination between the GoM entities involved in the implementation of Project

activities and will act as the PIU. Fiduciary and safeguards implementation responsibilities would also

lie with FNDS, more specifically its Department of Project Management, which is currently managing

several other Bank-financed operations.

The PIU will be under the leadership of a Project Coordinator and will also include as its core staff a

technical coordinator and specialists in the areas of procurement, financial management, M&E, social

development and gender, safeguards, and communication. FNDS will be in coordination with other

ministries involved in the project (e.g. Ministry of Justice, Constitutional and Religious matters

responsible for the Real Property Registry, and the Ministry of State Administration and Public

Function, responsible for the country’s administrative boundaries) and other levels of government

entities (districts, provinces, municipalities). Likewise, appropriate mechanisms for inter and intra-

institutional coordination are shown in the figure below.

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Fig. 1: Institutional arrangements for Mozland implementation

Mozambican legislation on environmental management applicable to the project

Mozambican Legislation provides a sufficient basis for managing environmental and social aspects of

the activities proposed under the Mozland.

The aspects concerning the environment are provided for in the 1990 Constitution, both regarding the

rights and guarantees (Article 90 of the Constitution of the Republic of Mozambique – CRM). In fact,

Article 90 of the CRM declares the right of citizens live in a balanced environment and have the duty to

defend it.

The main law for environmental protection in Mozambique is the Environmental framework Law (Law nº 20/97 of 1st October), which establishes the general legal framework for the protection and

management of the environment. Decree No. 54/15 of December 31 on Environmental Impact

Assessment regulates the EIA process for any development project.

Environmental Impact Assessment

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The Ministry for Land, Environment and Rural Development (MITADER), through the National

Directorate for the Environment (DINAB) is the authority responsible for EIA and environmental

licensing of activities.

The Regulation on the Environmental Impact Assessment Process (Decree No. 54/2015 of 31

December, which repeals Decrees 45/2004 and 42/2008) establishes the rules for the

environmental assessment process, namely the categorization process of activities, the level and

content of environmental studies required for the different categories, public participation process,

review process, environmental licensing stages (Interim, Installation and Operation),

responsibilities, inspections, applicable fees and penalties. The Environmental Impact

Assessment process is an instrument that aims to contribute to the environmental and social

sustainability of activities. It begins with the Pre-Evaluation of the activity (screening phase), by

the Environmental Impact Assessment Authority at central or provincial level, according to the

location of the project. The screening process shall result in project’s EIA categorization based on

the information made available, site visit by the EIA authorities, checking whether the project is

listed in one of the Annexes of the Regulation, namely, Annex I – Category A+ Activities, Annex II

- Category A Activities, Annex III - Category B Activities, Annex IV - Category C Activities. During

the EIA process it is always required to fatal flaws as specified in and Annex V. The categories are

defined in the Decree as the following:

Category A+- Activities which due to their complexity, location and / or irreversibility and

magnitude of impacts deserve not only a high level of social and environmental

surveillance, but also the involvement of specialists in the EIA processes.

Category A - Activities which may significantly affect living organisms and environmentally

sensitive areas and their impacts are of longer duration, intensity, magnitude and

significance.

Category B- Activities which do not significantly affect living organisms or environmentally

sensitive areas compared with those activities listed under Category A.

Category C - Activities which have negligible, insignificant or minimal negative impacts.

Under the revised EIA Regulations (No. 54 of 2015), activities proposed by Mozland are

considered to fall under Category B. The EIA process as described in Decree 54/2015 is

summarized in Figure below.

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Figure 2: EIA process as per decree 54/2015

Other environmental and social legislation relevant to the project are:

Environmental auditing and inspection o The Decree on Environmental Auditing (Decree 25/2011, of 15th de June). o The Decree on Environmental Inspection (Decree nº 11/2006 of 15 th June)

Air quality and effluent standardso The Decree on water effluents and air quality standards (Decree nº 18/2004

emended by Decree 67/2010)

Solid Waste Management o Regulations on the Management of Hazardous Wastes (Decree nº83/2014) o Regulation on Urban Waste Management (Decree nº94 / 2014)

Water Resourceso Water Law (Law nº. 16/91 of 3 August) o Regulation on water licensing and concession (Decree nº 46/2007).o Regulation of public systems of water supply and wastewater disposal (Decree

Nº. 30/2003 of 1 July)

Coastal Managemento Regulation for the Prevention of Pollution and Marine and Coastal Environment

Protection (Decree nº. 45/2006 of 30 November)

Land use Planning o Land Use Planning Law (Law nº 19/2007 of 18th July)o Land use planning Law Regulation (Decree no 23/2008, of 1st of June o Directive for expropriation for land use planning purposes- Ministry Diploma nº

181/2010 of 3rd November.

Cultural Heritage o Cultural Heritage Act (Law nº10/88)

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o Archaeological Heritage Protection Regulation (Decree 27/94, of 20 July)

Involuntary Resettlemento Regulation on Resettlement as a result of implementation of economic activities

(Decree nº 31/2012 of 8th Augusto Diploma nº155/2014 on the Internal Regulation for Resettlement Technical

Commission.o Diploma nº 156/2014 Technical Guidelines for Preparation and Implementation of

Resettlement Action Plan

Forestry and Wildlife o Forestry and wildlife law (Law nº 10, of 7th July 1999)o Forestry and Wildlife Law Regulation (Decree nº 12/2002, de 6 de June).

World Bank safeguard policies triggered by the project activities and project categorization

The World Bank safeguard policies triggered by the project, mainly by activities under subcomponent

1.3 – Infrastructure improvement and equipment - from the component 1 and Subcomponent 2.3 - Community delimitation and regularization of land use rights - from component 2 of the project are:

OP 4.01 for Environmental Assessment - It is anticipated that potential direct negative

environmental and social impacts will be minor, site specific, reversible and easily

manageable. These impacts will largely result from construction of civil works for

essential and necessary facilities for land management facilities, which will include

administrative buildings, land management infrastructure and land regularization and

demarcation process

OP 4.12 for Involuntary Resettlement - The project may result in situations involving

involuntary restrictions of access to land and natural resources as a result of clear land

demarcation. The livelihood restoration of people affected by the project related to

resource access restrictions will be addressed through a Resettlement Policy Framework

(RPF).

Natural Habitats OP/BP 4.04 - By providing land title to land holders in rural areas, this

process will foster project development that may have direct and indirect impact on

natural habitats, including to areas close to conservation areas, containing natural

habitats

Forests OP/BP 4.36 - The purpose of land demarcation and issuing of land titles is to

allow implementation of development activities in those areas, which may affect forests

within community areas, conservation areas, or in protected areas.

Physical Cultural Resources OP/BP 4.11 - It is possible that the project will affect or

involve physical cultural resources due to civil works that may require some excavations

or earth movements.

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The Bank undertakes environmental screening of each proposed subproject to determine the

appropriate extent and type of Environmental Assessment required. The Bank´s OP 4.01 for Environmental Assessment classifies the proposed project into one of four categories, A, B, C and D,

depending on the type, location, sensitivity, and scale of the project and the nature and magnitude of

its potential environmental impacts.

(e) Category A: A proposed project is classified as Category A if it is likely to have significant

adverse environmental impacts that are sensitive, diverse, or unprecedented. These impacts may

affect an area broader than the sites or facilities subject to physical works.

(f) Category B: A proposed project is classified as Category B if its potential adverse

environmental impacts on human populations or environmentally important areas--including wetlands,

forests, grasslands, and other natural habitats--are less adverse than those of Category A projects.

These impacts are site-specific; few if any of them are irreversible; and in most cases mitigatory

measures can be designed more readily than for Category A projects.

(g) Category C: A proposed project is classified as Category C if it is likely to have minimal or no

adverse environmental impacts. Beyond screening, no further EA action is required for a Category C

project.

(d) Category FI: A proposed project is classified as Category FI if it involves investment of Bank funds

through a financial intermediary, in subprojects that may result in adverse environmental impacts.

The Mozland project has been classified as Category B under World Bank safeguard policy for

Environmental Assessment OP 4.01, owing to the nature and characteristics of the proposed

subproject activities impacts which are site specific, temporary, easily manageable with adequate tools

and in many cases reversible. Hence, all subprojects activities classified as category A during

screening process may not be eligible for financing, and as such will not be implemented under this

project.

Proposed Mozland activities or subprojects will be classified, through a process of environmental and

social screening, to one of the following environmental impact categories: A, B or C, as defined in the

World Bank safeguard policy for Environmental Assessment OP 4.01.

Since the location of the subprojects will not be known before project appraisal, their exactly negative

impacts cannot be exactly determined at this stage, however based on the type of activities to be

developed they can be identified and generic mitigation measures recommended. For this reason, this

ESMF has been prepared to ensure that potential negative environmental and socio ‐economic impacts

are identified during subproject screening, including regulatory reforms, prior to approval of individual

XXIVESMF


sub‐projects, and that appropriate measures are set forth to avoid, minimize, or mitigate such negative

impacts or risks are in the course of subproject implementation, including legal reforms.

In order to address safeguards requirements for OP 4.12 for Involuntary Resettlement also triggered by

the project, a separate Resettlement Policy Framework were developed.

Mozland environmental and social impacts

Potential Positive Impacts - Mozland project will bring numerous positive social impacts to

communities, families and citizens who in a regime of good faith or by customary norms and practices

are occupying the land. Community delimitation and land use rights regularization will benefit to the

land holder for having land security, hence opening opportunities for investment, increased resources

protection on regularized land, reduce areas of osseous land and conservation of community land,

encourage long-term land management and land use intensification, improved biodiversity

conservation. Land regularization will also reduce land related conflicts, will improve planning new

developments by the government, and will increase tax revenue from land holders. Investors are given

timely information that is essential for decision-making regarding potential investments they wish to

make in Mozambique.

Beside the above mentioned positive impacts, Infrastructure and equipment improvements will benefit

staff, due to improvement in their working conditions, reduce time for DUAT processing, online access

to information and access to reliable data for key decisions on land administration.

Potential Negative Impacts - If adequately managed the proposed interventions are not likely to result

in significant adverse environmental or social impacts. However, if not carefully designed and

implemented, the subprojects, can result in negative environmental and social impacts, particularly

those which entail investments in infrastructure development and construction (e.g. provincial offices

and district regional offices, modernization of national geodetic network,) and community land

delimitation and regularization. Environmental aspects or issues related subcomponent 1.3 –

Infrastructure improvement and equipment - from the component 1 and Subcomponent 2.3 - Community delimitation and regularization of land use rights - from component 2 of the project , primarily include the following:

- Physical environment

The risks are related to soil erosion that may arise from poor construction management practices,

intensive soil use and poor waste management practices; water management issues related to water

use, effluent management and waste management issues; air quality particularly on dust emissions in

construction sites and on transportation, beside emissions as a result of fossil fuel burning. Land

regularization may result in intensive soil utilization as no alternative land may be available as a result

of massive regularization.XXV

ESMF


- Biotic environment

Both infrastructure development and land regularization may induce biodiversity and ecosystems

fragmentation and depletion – especially if the location of infrastructure is not correctly selected and if

land regularization process doesn´t take into account buffer zones. Land Regularization will open

opportunity for projects development that can quickly exhaust the existing resources in demarcated

areas and resort to protected areas. On the other hand, deforestation activities could occur before land

regularization process as some people may seek to stock those resources before formal titles are

issued or could lead to greater deforestation from increased economic activity.

- Social environment

Land regularization, although very beneficial, some unintentional risks such as encouraging the sale of

newly titled lands and induce occupation of new areas could arise as an opportunistic phenomenon.

The simple fact of the beneficiaries having a title may be seen as business opportunity and more land

may be grabbed for that purpose before and during the project. Conflicts between couples may rise in

a sense that whose name should be in the land title, considering that some parts of the country a

matrilineal (north) and others are patrilineal (centre and south). The project should take into

consideration gender issues in order to exacerbate gender imbalance issues when issuing titles.

Legislation reforms can result in occupation of rural land rush because of uncertainty of the social

impacts that the changes will produce. Other risks associated with the execution of the project are

occupational health and safety risks, people influx in project areas, public health, sexual harassment,

land use change.

Objectives of this ESMF

The ESMF was prepared to provide an overall framework for environmental and social management of

the planned subproject activities to be developed under Mozland, and should be used as a practical

tool during project implementation. Specific Objectives of ESMF are:

To establish clear procedures and methodologies for taking into consideration

environmental and social issues during the planning, review, approval and

implementation of subprojects to be financed under the project,

To prescribe project arrangements for the preparation and implementation of subprojects

in order to adequately address World Bank safeguard issues;

To assess the potential environmental and social impacts of envisaged subprojects and

propose mitigation measures.

Identify training needs and provide a budget for training and capacity building of the PIU

and implementation partners.

XXVIESMF


ESMF strategies to mitigate environmental and social risks

Subproject screening, review and approval process

The screening process is designed to determine how the activities of the proposed subprojects have

the potential to cause significant negative environmental and social impacts with a view to determining

appropriate mitigation measures and ensuring the environmental sustainability of the subproject. The

process consists of 3 fundamental steps: (i) screening of environmental risks of the subproject,

verification at the site and categorization of the study to be carried out (exemption, ESMP, EIAS, RAP);

(ii) Completion of the study according to the categorization; (iii) review and approval of the study

according to the results.

The screening process will be performed using a screening form presented in this ESMF. The

safeguards teams established in the provinces level will be responsible for conducting the

environmental and social screening process in close collaboration with DPTADER. The ESMF budget

makes provision for DPTADER costs to help fulfil their role under the Budget line item “Preparation,

implementation and monitoring of ESIAs, ESMPs and related safeguard management plans of subprojects, and

monitoring & evaluation” The review and approval of the studies will be done by the central UIP

safeguards team in coordination with DPTADER. The table below summarizes key steps for

subprojects screening, review, approval, execution and monitoring.

Table 1: Key steps and responsibilities for subprojects screening, review, approval, execution and

monitoring

No Steps / Activities Responsible Support Service Provider

1.Subproject Screening

Identification of the subproject's location

FNDS DINAT DINOTER DPTADER

XXVIIESMF



Screening of the subproject using the form and determination of the documents to be prepared (EIA, EMP, RAP, or other)

Environmental and Social Safeguards Specialists - FNDS

FNDS safeguard; Local Authority PIU DPTADER

2. Appraisal and categorization.

Approval of the categorization by the Environmental Agency and the World Bank

FNDS safeguard coordinator -

No objection from WB and DPTADER

3.Elaboration of the specific safeguards instrument of the subproject

Preparation, approval and publication of Terms of Reference (ToR)

FNDS

WB, DPTADER, local authorities

Conduct of the study, including public consultation

Procurement Specialist (PE); DPTADER, Local authorities;

Consultant

Review and validation of the document and obtaining the environmental license

PE, Local Authority Consultant

Publication of the document

Project's coordinator, DEPTADER, WB

Media World Bank

4. Integration of safeguard documents into contract agreement

(i) Integration in the bidding documents (BD) of the subproject of all measures of the contractual work phase with the company; (ii) approval of the contractor’s ESMPs

FNDS –safeguard team

Procurement, WB

Contractor

Training of actors in the implementation of ESMP

FNDS- Safeguard team

WB

Consultants Competent

Public institutions

5.Project Execution

Execution / implementation of non-contractual measures with the construction company

Service Providers for Land services and Contractors ;

FNDS safeguard team

Consultants NGOs Others

6. Environmental and social monitoring

Internal monitoring of the implementation of environmental and social measures

FNDS Specialist in Monitoring and Evaluation (M&E)

Financial manager Local Authority

Contractor

Disclosure of internal monitoring report

Project's coordinator

E&SS / EIP Communication

External monitoring of the implementation of A & S measures

FNDS Project's coordinator, DEPTADER, WB

Independent / External Consultant

Environmental and social monitoring

FNDS NGOs Local authorities

Laboratories / Specialized Centers

NGOs Audit of the implementation of ESMPs

FNDS/WB WB, DPTADER, Local Authority

External auditors

Public consultation and disclosure processXXVIII

ESMF


In the preparation of this ESMF various stakeholders consulted, and at the end 3 consultation meetings

were held in three districts, namely in Matutuine - Maputo Province (Southern part of the country)

where 20 people participated, Meconta - Nampula Province (Norhern part of Mozambique) where 32

people were present and in Moatize district in the Province of Tete where 50 people participated.

These meetings were attended by members of district governments, the consultative council members,

influential members of the community and general public.

At the same time, community consultations were carried out for the social impact assessment at north,

central and south regions. A total of 618 people was consulted in communities meetings and 45% of

which were women. (Information available in the summary of consultation for social impact

assessment)

Key issues presented in the meetings are related to demarcation of community land and public

infrastructure areas, such as schools and health centres, as it is becoming common people

encroaching to those areas. They also recommended for a decentralized process to issue DUAT, as

the current process is very slow, that even for a residential plot the process must be approved at

provincial level. They also suggested that the existing grievance redressing mechanism at the

community level should be integrated to the project. A recommendation was made to ensure local

consultations before the subprojects kick off to ensure everybody is aware.

The process of elaboration of ESIA, ESMP, RAP of the subprojects should involve consultations of the

affected ones according to the national legislation. The consultation process should include (i)

consultations with interest groups that require special attention (focus groups), national agencies,

NGOs and (ii) open meeting to the public at local level. Copies of documents should be made available

to communities and stakeholders at accessible locations through local government authorities (eg.

local councils, District secretariats, relevant provincial directorates, MITADER and others).

Consultations should take place during the site selection process, project screening, document

preparation (EIAS, ESMP, RAP, etc.), and during project monitoring missions if required. For a

successful implementation of the ESMF guidelines and recommendations, it is important to ensure that

target groups and stakeholders playing a role in the implementation of this framework are adequately

trained.

Aspects of the consultations as well as the identified potential risks have been considered in both the

ESMF, the RPF and the social impact assessment, and should be mitigated through subproject

screening processes as well as land use regularization methodology and project communication

strategy.

XXIXESMF


In order to mitigate the risks, parallel actions, the safeguards measures described in ESMF and RPF

will be considered on social risk mitigation strategy. These measures constitute essential

complementary elements that must be integrated in the detailed Regularization Methodology to be

used to carry out the Project land regularization component. (Annex xi - Social Risk Mitigation

Strategy)

Strengthening the capacity to implement the ESMF

For a successful implementation of the ESMF guidelines and recommendations, it is important to

ensure that target groups and stakeholders playing a role in the implementation of this framework are

adequately trained. Specific training for better integration of the project should involve PIU members,

and will address issues such as project screening, project review and approval, complaint submission

and resolution mechanisms, dissemination of EMPs, monitoring and evaluation of projects.

FNDS has got extensive experience in managing similar projects, and is equipped with a competent

safeguards team that will provide support to the Mozland PIU, including providing necessary training.

Grievance redressing Mechanism

Grievance redressing mechanisms are a way to prevent and resolve community concerns, reduce risk,

and support processes that create positive social change. A frank dialogue and cooperative resolution

of concerns simply represent good business practice, both in social and environmental risk

management and in promoting project goals and community development. FNDS has developed and is

implementing a grievance redressing mechanism that begins at local level, and provides opportunity

for appeal in case of complainant's dissatisfaction at 3 levels (local, FNDS experts, independent

arbitration).

ESMF Implementation and Monitoring

FNDS has developed monitoring and reporting procedures and templates that were deemed

acceptable by the WB and will be used in this project. Monitoring and progress reporting are critical to

the successful implementation of ESMF as well as Mozland. Monitoring will consist of field visits and

generation of quarterly evaluation reports to be submitted to the World Bank. The PIU safeguard team

supported by FNDS central safeguard team are responsible for this activity. In general terms there will

be a dedicated M&E team at PIU – FNDS responsible for the development, implementation and

maintenance of the project's decentralized M&E system, which will systematically collect the

information needed to track progress and document compliance with safeguards policies. The

information generated by the M & E system, complemented by information emerging at the time of the

XXXESMF


Intermediate Review, will be used to adjust the operational procedures and make any necessary mid-

course corrections to the project implementation modalities.

The specific objective of the monitoring process is to ensure that the Mozland ESMF is being fulfilled

and verified at all levels and stages of the Project's implementation cycle, including consultation with

those affected by the project.

Training, capacity building and budget

Capacity building and training to Project Implementation Unit (PIU) will be crucial in order to identify

potential impacts of the project and determine appropriate environmental and social category of the

subproject during screening phase. This will be critical for implementation of the ESMF and

subsequent ESIA/ESMP or RAP as necessary and the overall Environmental and Social performance

of the Mozland project. The ESMF identifies training needs, defines roles and responsibilities for the

key stakeholders for its implementation, monitoring and evaluation, for which a budget of US$

920,000.00 was estimated. .

XXXIESMF


CONTENTS

SUMÁRIO EXECUTIVO.............................................................................................................................I

EXECUTIVE SUMMARY......................................................................................................................XVII

LIST OF TABLES................................................................................................................................... iv

LIST OF FIGURES...................................................................................................................................v

LIST OF ACRONYMS..............................................................................................................................vi

CHAPTER I. INTRODUCTION..................................................................................................................1

1.1 PROJECT BACKGROUND.................................................................................................................1

1.2 PROJECT DEVELOPMENT OBJECTIVES...........................................................................................2

1.3 PROJECT BENEFICIARIES................................................................................................................2

1.4 PROJECT AREA................................................................................................................................3

1.5. OBJECTIVES OF THE ENVIRONMENTAL AND SOCIAL MANAGEMENT FRAMEWORK......................5

1.6. METHODOLOGY USED TO DEVELOP THE ESMF..............................................................................6

1.6.1. Literature review..............................................................................................................................6

1.6.2. Field Visits......................................................................................................................................7

1.6.4. Consultation Meetings.....................................................................................................................7

CHAPTER II. PROJECT COMPONENTS AND INSTITUTIONAL ARRANGEMENTS.....................................8

2.1. COMPONENT 1: Institutional Development and Strengthening of the Legal Framework.....................8

2.2. COMPONENT 2: Systematic Land Regularization............................................................................10

2.3. COMPONENT 3: Project Management and Coordination.................................................................12

2.4. COMPONENT 4: Contingent Emergency Response Component (CERC)..........................................12

2.5. INSTITUTIONAL IMPLEMENTATION ARRANGEMENTS...................................................................12

2.5.1. Interinstitutional and Provincial coordination.....................................................................................13

2.5.2. Roles and Responsibilities in the project..........................................................................................16

CHAPTER III. BIOPHYSIC AND SOCIO-ECONOMIC DATA......................................................................19

3.1. LOCATION AND TOPOGRAPHY......................................................................................................19

3.2. CLIMATE........................................................................................................................................20

3.5 GEOLOGY AND MINERALS.............................................................................................................21

3.7. HIDROLLOGY.................................................................................................................................23

3.9. SOCIO-ECONOMIC.........................................................................................................................27

iESMF


3.9.1. Population...................................................................................................................................27

3.9.4 Health..........................................................................................................................................28

3.9.5 Education.....................................................................................................................................29

CHAPTER IV. NATIONAL LEGISLATION AND WORLD BANK POLICIES APPLICABLE TO THE PROJECT............................................................................................................................................................30

4.1 NATIONAL LEGISLATIVE, REGULATORY AND INSTITUTIONAL FRAMEWORK................................30

4.2. APPLICABLE WORLD BANK SAFEGUARD POLICIES.....................................................................36

4.3. GAP ASSESSMENT OF LEGISLATIVE STRUCTURE AND RECOMMENDATIONS.............................43

CHAPTER V. IDENTIFICATION OF POTENTIAL ENVIRONMENTAL IMPACTS.........................................47

5.1. POTENTIAL POSITIVE IMPACTS.....................................................................................................47

5.2. POTENTIAL NEGATIVE IMPACTS...................................................................................................47

5.3. CUMULATIVE IMPACTS..................................................................................................................57

5.3 CONTINGENT EMERGENCY RESPONSE COMPONENT (CERC).......................................................57

5.3.1 CERC Positive List.......................................................................................................................58

5.3.2 CERC Negative List......................................................................................................................59

CHAPTER VI. SUB-PROJECTS SCREENING, REVIEW AND APPROVAL.................................................61

6.1. SCREENING AND REVIEW PROCESS.............................................................................................62

6.2. APPRAISAL, ENVIRONMENTAL MANAGEMENT TOOLS AND MONITORING PROCESS...................64

6.2.1 Appraisal and environmental and EIAs requirements..........................................................................64

6.2.2. Environmental and Social Bidding and Contract Requirements...........................................................66

6.2.3 Monitoring and Reporting of Subprojects Management Plans Implementation.......................................67

6.4. GRIEVANCE REDRESS MECHANISM..............................................................................................70

6.4.1 Situating a Grievance redressing mechanisms...................................................................................70

6.4.2 Established procedures and time frame for Grievance Redress Mechanisms........................................71

6.4.3 Channels to Be Used by Aggrieved Communities..............................................................................73

6.4.5 Appointing members of Grievance Redress Committee at community level (GRC)................................73

CHAPTER VII. PUBLIC CONSULTATION AND DISCLOSURE PROCESS.................................................75

7.1. PUBLIC CONSULTATION PROCESS IN THE ESMF..........................................................................75

7.2. PROPOSED DISCLOSURE PLAN....................................................................................................79

CHAPTER VIII. CAPACITY BUILDING AND TRAINING............................................................................80

8.1 STRENGTHENING OF PROJECT CAPACITY FOR IMPLEMENTING THE ESMF..................................80

iiESMF


8.2. TRAINING OF MOZLAND ENVIRONMENTAL AND SAFEGUARD UNIT..............................................81

8.3. CAPACITY BUILDING AND TECHNICAL ASSISTANCE REQUIREMENTS.........................................82

8.4 PROPOSED BUDGET......................................................................................................................83

X. REFERENCES..................................................................................................................................86

XI. ANNEXES........................................................................................................................................87

ANNEX I: STAKEHOLDERS’ CONSULTATION MINUTES........................................................................88

ANNEX II: ENVIRONMENTAL AND SOCIAL SCREENING CHECK-LIST (EXAMPLE)................................89

ANNEX III - PRELIMINARY ENVIRONMENTAL INFORMATION SHEET (ANNEX IV – DECREE 54/2015)....96

ANNEX IV: TOR GUIDELINES FOR PREPARATION OF TOR FOR SIMPLIFIED ENVIRONMENTAL ASSESSMENT AND SPECIFIC ENVIRONMENTAL AND SOCIAL MANAGEMENT PLAN.........................100

ANNEX V: STANDARD CONTENT FOR ESMP......................................................................................103

ANNEX VI: TEMPLATE FOR ENVIRONMENTAL AND SOCIAL MANAGEMENT GOOD PRACTICES GUIDE..........................................................................................................................................................110

ANNEX VII: FORMAT OF AN ANNUAL ESMF IMPLEMENTATION MONITORING REPORT.....................116

ANNEX VIII: EXAMPLES OF CONTRACT CLAUSES TO INCLUDE IN CONTRACTOR AGREEMENTS.....117

ANNEX IX: ENVIRONMENTAL CONSIDERATIONS TO BE INCLUDED IN THE ToR for LAND REGULARIZATION SERVICE PROVIDER.............................................................................................122

ANNEX X- GRIEVANCE REGISTER FORM...........................................................................................123

ANNEX XI: SOCIAL RISK MITIGATION STRATEGY..............................................................................126

iiiESMF


LIST OF TABLES

TABLE 1. 1: PROJECT TARGET AREAS

TABLE 3. 1: AREA OCCUPIED BY WATER BODIES IN PROJECT TARGET PROVINCE..................................................................24

TABLE 3. 2: AREA OCCUPIED BY CONSERVATION AREAS PER PROJECT TARGET PROVINCE....................................................25

TABLE 3. 3: GENERAL DEMOGRAHIC AND LAND INFORMATION BY PROVINCE........................................................................27 TABLE 4. 1: INTERNATIONAL CONVENTIONS RATIFIED BY MOZAMBIQUE 35TABLE 4. 2: WB SAFEGUARD POLICIES-KEY OBJECTIVES, APPLICABILITY TO MOZLAND PROJECT 39TABLE 4. 3: COMPARISON BETWEEN NATIONAL LEGISLATION AND WB SAFEGUARD POLICIES TRIGGERED BY THE PROJECT 44

TABLE 5. 1: POTENTIAL ENVIRONMENTAL AND SOCIAL IMPACTS AND PROPOSED MITIGATION MEASURES 48

TABLE 6. 1: STEPS AND RESPONSIBILITIES (IN ACCORDANCE WITH THE INSTITUTIONAL ARRANGEMENT FOR THE IMPLEMENTATION OF ESMF) 55

TABLE 7. 1: ESMF CONSULTATION MEETINGS HELD FOR MOZALAND PROJECT 53

TABLE 7. 2: KEY STAKEHOLDER MET DURING ESMF PREPARATION 54

TABLE 8. 1: PROPOSED TRAINING FORMAT FOR ESMF IMPLEMENTATION 57

TABLE 8. 2: AWARENESS RAISING AND TRAINING FOR CIVIL WORK CONTRACTORS AND SUPERVISION CONSULTANTS 58

TABLE 8. 3: BUDGET ESTIMATE FOR THE IMPLEMENTATION OF THE ESMF 60

ivESMF


LIST OF FIGURES

FIGURE 1. 1: PROJECT TARGET DISTRICTS.....................................................................................................................3

FIGURE 2. 1: MOZLAND IMPLEMENTATION INSTITUTIONAL ARRANGEMENTS

FIGURE 3. 1: MOZAMBIQUE LOCATION MAP..................................................................................................................19FIGURE 3.2: CLIMATE OF MOZAMBIQUE........................................................................................................................20FIGURE 3. 3: GEOLOGY OF MOZAMBIQUE.....................................................................................................................22FIGURE 3. 4: HYDROLOGY OF MOZAMBIQUE..................................................................................................................23FIGURE 3. 5: CONSERVATION AREAS FALLING WITHIN MOZLAND TARGET AREAS...................................................................26

FIGURE 4. 1: EIA PROCESS AS PER DECREE 54/2015 33

FIGURE 6. 1: GRIEVANCE SHOULD ESCALATE................................................................................................................50

vESMF


LIST OF ACRONYMS

ABS Benefits Arising

Aps Affected PersonsACQUA National Agency for Environmental Quality ControlAZE Alliance for Zero Extinction

BD Bidding Documents

CBD Convention on Biological Diversity

CENACARTA National Centre for Cartography and Remote Sensing

CERC Contingent Emergency Response ComponentC-ESMP Contractor’s Environment and Social Management Plan

CITES Convention on International Trade in Endangered Species

CLO Community Liaison Officer

CMS Bonn Convention on Migratory Species

CORS Continuously Operation Reference Stations

CRM Constitution of the Republic of Mozambique

DINAB National Directorate for the Environment

DINAT National Directorate of Land

DINOTER National Directorate of Land Planning and Resettlement

DNRN Direcção Nacional dos Registos e Notariados

DPTADER Provincial Directorate for Land, Environment and Rural Development

DUAT Right of Use and Exploitation of Lands

EA Environmental Assessment

EAP Emergency Action Plan

EHS Environment, Health and Safety

EHSGs Environment, Health and Safety Guidelines

EIA Environmental Impact Assessment

EIAR Environmental Impact Assessment Report

EMP Environmental Management Plan

EMPs Environmental Management Plans

ESHS Environmental, Social, Health and Safety

ESIA Environmental and Social Impact Assessment

viESMF


ESMF Environmental and Social Management Framework

ESMP Environmental and Social Management Plans

ESMS Environmental and Social Monitoring System

FA Finance Agreement

FGD Focus Group discussions

FM Financial Manager

FNDS National Fund for Sustainable Development

GIS Geographic Information System

GoM Government of Mozambique

GRC Grievance Redress Committee

HCV High Conservation Values

IBA Important Bird Areas

ICT Iniciativa Comunitária de Terras

IFC’s International Finance Corporations

ILO International Labour Organization

KBAs Key Biodiversity Areas

LAPI Land Administration Project Interventions

LIMS Land Information Management System

M&E Monitoring and Evaluation

MITADER Ministry of Land, Environment and Rural Development

MJACR Ministério da Justiça, Assuntos Constitucionais e Religiosos

MozBio Mozambique Biodiversity Conservation Project

MozFIP Mozambique Forestry Investment Project

Mozland Mozambique Land Project

NCC Network Computation Center

NGOs Nongovernment Organizations

NLP National Land Policy

OHS Occupational Safety and Health

OP Operational Policy

PAPs Project Affected Parties

PCU Project coordination Unitvii

ESMF


PE Procurement Specialist

PIM Project Implementation Manual

PIU Project Implementation Unit

QGAS Quadro de Gestão ambiental e Social

RAMSAR Convention on the Protection of Wetlands

RAP Resettlement Action Plan

RDUAT DUAT Regularization

RPF Resettlement Policy Framework

RTK Real Time Kinematic

SA Social Assessment

SDAE District Services for Economic Activities

SDPI District Planning and Infrastructure Service

SES Simplified Environmental Studies

SESA Strategic Environmental and Social Assessment

SiGIT Land Integrated Management System

SP Service Provider

ToR Terms of Reference

UN United Nations

UNCCD United Nations Convention to Combat Drought and Desertification

UNFCCC United Nations Framework Convention on Climate Change

UIP Unidade de Implementação do Projecto

USD United States Dollar

WB World Bank

viiiESMF


CHAPTER I. INTRODUCTION

1.1 PROJECT BACKGROUND

Mozambique has made significant progress in the past twenty years to improve access to land and

security of land rights for all citizens, particularly by strengthening its land-related policy and legal

frameworks, and the functioning of its land administration and management system. Mozambique is

widely regarded as having one of the most progressive land policy and legislative framework for

sustainable and equitable land governance in Africa.

In 2015, the Government carried out an important institutional reform in the areas of land administration,

environment and rural development with the creation of the new Ministry of Land, Environment and

Rural Development (MITADER), which now integrates land administration and management, land use

planning, mapping and geodesy functions, and oversees the training institutions on land administration

and management.

Albeit fundamental, these reforms have yet to bring about the desired benefits. The land sector’s

capacity to issue and monitor the use of DUAT as well as to register land occupations is low, a problem

that is partly due to insufficient human and financial resources. As a result, land tenure insecurity

persists. The inability to perform basic land administration tasks especially at decentralized level,

including harnessing the available technologies to facilitate land regularization activities at large scale,

has been a major obstacle to the implementation of the Land Law and to systematically execute the

cadastre and register land rights.

It is estimated that there are still more than ten million land parcels or about 90% of total occupations,

whose land right is not formally registered by the State. Community delimitation efforts have been

delivered for several years through financing provided by bilateral donors, but with elevated costs and

limited impact. Many of these processes have not been implemented according to a common

methodology, with different practices and standards applied in different parts of the country and mixed

results. Several land information systems have been developed (by central agencies and

municipalities), without due attention to the need for integration and interoperability to enable the

sharing of data.

To address unprecedented pressure on land resulting from the expansion of urban centers, the

construction of public infrastructure, the development of land-based projects in rural areas, and new

pressures on land from climate change, the Government of Mozambique adopted the Terra Segura Program in 2015, as part of the National Sustainable Development Program

ESMF 1


The Land Administration Project Interventions (LAPI) will directly support the implementation of the

government’s Terra Segura program, and become one of Mozambique’s main vehicles for its

implementation. This project will be financed by the World Bank.

1.2 PROJECT DEVELOPMENT OBJECTIVES

The Project Development Objective is to strengthen land use rights in selected priority districts and to

modernize land administration services. The development objective of the proposed Project would be

achieved by: (i) accelerating the establishment of the cadastre and the registration of land use rights; (ii)

integrating basic land use planning with systematic land regularization activities; (iii) improving the legal

and operational environment of the cadastre and property registry; (iv) strengthening the institutional

capacity and human resources for the establishment and maintenance of the cadastre and registry

system; (v) improving the digital property registry and cadastral system and its accessibility online to the

public, and (vi) raising awareness on the importance of real property rights particularly at the community

level.

1.3 PROJECT BENEFICIARIES

The Project’s direct beneficiaries includes households in selected districts targeted by the Project

through systematic cadastral and surveying activities. Communities will also benefit from the

delimitation of their lands, the issuance of land use rights certificates and access to potential investment

projects. The direct institutional beneficiaries are MITADER and its Directorates (DINAT, DINOTER,

and CENACARTA), the Ministry of Justice, as well as other key state institutions, including

municipalities and other central agencies managing spatial data. Improvements in the land information

system will not only benefit households within the Project area, but also specialized users (such as

notaries, lawyers, financial institutions, and surveyors). In addition, authorities and technical staff (at the

local and central level) will directly benefit from technical assistance, land information, and improved

coordination among land administration agencies. More generally, the Project is expected to benefit the

country’s population, including citizens that request DUAT for investment purposes, through

streamlining of the methodologies and increased efficiency of land administration services.

Mozambique is among the most disaster-prone countries in the world. Investment in the geodetic

infrastructure and cadastral mapping will benefit the scientific community responsible for earth

monitoring and also other sectors responsible for disaster planning and response.

1.4 PROJECT AREA

The project target area will cover 71 Districts in 10 Provinces, except Maputo city. The map below

shows the target areas, while the table 1.1 below provides the details for each project target area.

ESMF 2


Figure 1. 1: Project Target Districts

Table 1. 1: Project Target Areas

ID Province District Km² Pop. 2018 MCA.Ts12.Sust Tit MzLd

1 TETE DOA 3,647 87,913 14,502 3,081

2 TETE CHANGARA 6,169 128,453 0 25,691

3 TETE MOATIZE 8,462 343,546 24,204 44,505

4 TETE TSANGANO 3,675 225,172 23,639 21,395

5 TETE ANGONIA 3,272 486,251 55,205 42,045

ESMF 3


ID Province District Km² Pop. 2018 MCA.Ts12.Sust Tit MzLd6 TETE MACANGA 7,223 200,288 47 40,011

7 TETE CHIFUNDE 9,439 155,21 37 31,005

8 TETE CHIUTA 7,15 103,875 25 20,75

9 TETE CAHORA_BASSA 8,878 132,972 41 26,553

10 TETE MUTARARA 2,741 207,48 14,502 26,994

11 GAZA MABALANE 8,95 43,883 0 8,777

12 GAZA GUIJA 4,251 93,928 0 18,786

13 GAZA CHONGOENE 1,449 121,495 18,368 5,931

14 GAZA LIMPOPO 1,64 152,053 18,368 12,043

15 GAZA CHOKWE 2,399 240,244 0 48,049

16 INHAMBANE HOMOINE 1,921 115,122 20,586 2,438

17 INHAMBANE MORRUMBENE 2,585 138,37 24,296 3,378

18 INHAMBANE MASSINGA 7,426 228,437 2,081 43,606

19 INHAMBANE INHARRIME 2,754 123,605 16,975 7,746

20 INHAMBANE JANGAMO 1,296 105,478 12,846 8,25

21 INHAMBANE VILANKULO 5,869 193,895 0 38,779

22 SOFALA MACHANGA 5,732 55,861 0 11,172

23 SOFALA CHIBABAVA 7,015 134,293 0 26,859

24 SOFALA DONDO 2,315 184,458 26,115 10,777

25 SOFALA NHAMATANDA 4,048 317,538 30,599 32,909

26 SOFALA MUANZA 7,533 42,289 0 8,458

27 SOFALA CHERINGOMA 7,126 58,542 0 11,708

28 SOFALA MARROMEU 5,771 156,72 0 31,344

29 SOFALA MARINGUE 6,17 98,828 0 19,766

30 MANICA GURO 6,953 96,93 0 19,386

31 MANICA MOSSURIZE 5,037 219,551 0 43,91

32 MANICA SUSSUNDENGA 7,134 168,2 20,682 12,958

33 MANICA GONDOLA 2,691 201,735 20,479 19,868

34 MANICA MANICA 2,542 225 19,966 25,034

35 MANICA VANDUZI 3,17 124,064 14,36 10,453

36 MANICA BARUE 5,793 185,179 0 37,036

37 ZAMBEZIA DERRE 4,763 107,98 0 21,596

38 ZAMBEZIA MAQUIVAL 619 142,823 12,945 15,62

39 ZAMBEZIA MILANGE 5,523 619,275 0 118,256

40 ZAMBEZIA MOCUBA 8,802 422,681 17,659 66,877

41 ZAMBEZIA MACANJA 2,882 183,504 22,806 13,895

42 ZAMBEZIA MORRUMBALA 8,063 380,189 3,596 72,442

43 ZAMBEZIA NAMACURRA 2,027 242,126 35,691 12,734

44 NAMPULA MOMA 3,924 310,706 509 61,632

45 NAMPULA LIUPO 2,129 174,278 0 34,856

46 NAMPULA MOGOVOLAS 4,728 415,407 0 83,081

47 NAMPULA MURRUPULA 3,104 215,208 0 43,042

48 NAMPULA MOGINCUAL 2,291 337,207 20,481 46,96

49 NAMPULA MUECATE 4,121 175,075 0 35,015

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ID Province District Km² Pop. 2018 MCA.Ts12.Sust Tit MzLd50 NAMPULA ANGOCHE 3,029 399,092 0 79,818

51 NAMPULA MECONTA 3,69 250,425 0 50,085

52 NAMPULA NACAROA 2,724 145,643 0 29,129

53 NIASSA SANGA 12,545 78,424 0 15,685

54 NIASSA LAGO 6,58 163,982 4,885 27,911

55 NIASSA MANDIMBA 4,698 217,242 18,637 24,811

56 NIASSA NGAUMA 3,016 127,94 7,481 18,107

57 NIASSA MECANHELAS 5,029 296,908 16,929 42,453

58 NIASSA CUAMBA 5,363 264,572 39,6 13,314

59 CABO_DELGADO ANCUABE 4,94 164,114 0 32,823

60 CABO_DELGADO BALAMA 5,518 180,957 21,886 14,305

61 CABO_DELGADO NAMUNO 6,003 247,113 30,666 18,757

62 CABO_DELGADO CHIURE 5,393 316,267 41,179 22,074

63 CABO_DELGADO PEMBA 129 42,935 0 8,587

64 CABO_DELGADO MONTEPUEZ 17,874 261,535 5,761 46,546

65 CABO_DELGADO MUEDA 11,271 217,641 0 43,528

66 CABO_DELGADO IBO 74 13,025 659 1,946

67 MAPUTO MANHIÇA 2,37 208,466 33,105 8,588

68 MAPUTO MOAMBA 4,589 83,879 0 16,776

69 MAPUTO BOANE 806 210,498 13,311 28,789

70 MAPUTO MARRACUENE 698 230,53 26,562 19,544

71 MAPUTO MATUTUINE 5,352 44,834 0 8,967

TOTAL 344,877 13.789.339 752,271 2.000.000

1.5. OBJECTIVES OF THE ENVIRONMENTAL AND SOCIAL MANAGEMENT FRAMEWORK

The objective of the Environmental and Social Management Framework (ESMF) is to provide an

environmental and social guidance for management of potential environmental and social tangible and

intangible impacts as a result of LAPI implementation, in construction and rehabilitation of existing

infrastructure for which the exact locations and technical specificities are not yet known and for which

appropriate mitigation measures might be required.

The ESMF will be used as a practical tool during project implementation with the following specific

objectives:

Identification and establishment of procedures and methodologies for the environmental and

social screaming, assessment, review, approval and implementation of investments to be

financed under the project;

Identification and assessment of potential environmental and social impacts for future

investments to be undertaken under LAPI;

ESMF 5


Specification of roles and responsibilities, and outlining the necessary reporting procedures, for

managing and monitoring environmental and social concerns related to project investments;

Identification of necessary training, capacity building and technical assistance to ensure the

implementation of the ESMF provisions and the necessary budget needs;

Provision of information resources for implementing the ESMF.

Identify a need for supplementary impact management tools such as RPF and others, which

may serve as guidelines for the development of project specific Environmental and Social

Management Plans (ESMP) if so required.

1.6. METHODOLOGY USED TO DEVELOP THE ESMF

In undertaking this assignment, a participatory approach involving consultations and constructive

engagement with relevant stakeholders at multiple levels namely; officials from different departments at

the Ministry of Land, Environment and Rural Development (especially those dealing with SUSTENTA

project), Provincial, District and local Governments, Land sector associations, Land regularization

service providers, Land technical assistance services (Land, SiGIT, Finance) and others relevant

stakeholders. The study was conducted by the consultant using the following approach and

methodology: literature review, Field visits and Interactive Discussion.

1.6.1. Literature review

The ESMF was prepared based on existing general literature, among them:

- Related Terra Segura and Sustenta Project Documents,

- World Bank Website

- Detailed review and analysis of the national relevant legislations, policies and guidelines including

the World Bank Safeguards Policies, World Bank Health and Safety Standards, and other relevant

documents.

- Review and fully understand type of infrastructures and activities proposed in this project.

- Understand the implementation approach and processes for the proposed project activities for

different sectors covered by the project.

1.6.2. Field Visits

The consultant will carry out field visits to some provinces (Nampula, Tete and Maputo at Central, North

and South region) in order to identify possible issues on the ground and appreciate possible

environmental and social impacts of the subproject activities.

1.6.3. Interactive Discussions

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A series of technical meetings and discussions were held with MITADER officials at central level, Land

administration officials, land regularization service providers, Land technical assistance services and

beneficiaries. Since the project is still at conceptual phase, and the location of the project is not yet

known, interactions with the individual affected was not yet possible.

1.6.4. Consultation Meetings

Consultation meetings were held in three Districts, one in the northern part of Mozambique (Meconta –

Nampula), one at the central part of Mozambique (Moatize- Tete), another one in the Southern part of

Mozambique (Matutuine – Maputo). These meetings were meant to interact with the potential affected

by Mozland project and get inputs for final ESMF draft. In addition, consultations were carried out at the

community level in the northern, central and southern regions of the country in the provinces of

Nampula, Zambezia, Manica, Tete and Gaza under the social impact assessment of the project.

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CHAPTER II. PROJECT COMPONENTS AND INSTITUTIONAL ARRANGEMENTS

LAPI project budget is $.100million IDA Grant, which will cover 100% of the Project costs and have four

components:

COMPONENT 1: Institutional Development and Strengthening of the Legal Framework

(US$22.7 million).

COMPONENT 2: Systematic Land Regularization (US$64.7 million).

COMPONENT 3: Project Management and Coordination (US$12.6 million

COMPONENT 4: Contingent Emergency Response Component (CERC).

2.1. COMPONENT 1: Institutional Development and Strengthening of the Legal Framework

The objective of this Component is to improve the efficiency of existing land administration institutions,

their functioning and the standards or practices by which they collect, process, provide and maintain

information on land, including the improvement of service delivery at district and provincial levels, as

well as the land information management systems. This Component will support the consolidation of

the institutions responsible for land administration towards an efficient and service-oriented land

administration agency with the goal of self-financing. It will also support the process for the revision and

implementation of the National Land Policy and the revision and improvement of the land-related legal

framework as necessary, including the revision and harmonization of relevant legal and operational

instruments. The current Technical Annex to the Land Law Regulations would be the ideal focus for

improvement, allowing for the delimitation process as it applies to communities and individually-held

parcels to be clearly elaborated. The component would further support education and training, as well

as renovation and/or construction of physical infrastructure, and the densification of the existing

geodetic network.

The subcomponents and indicative activities to be supported are the following:

(i) Subcomponent 1.1 – Revision of the National Land Policy and land-related legal framework . This

subcomponent will finance technical assistance for policy and legal reform and other related expenses

(workshops/consultations/operational costs).

(ii) Subcomponent 1.2 – Consolidation of institutions and policies . This subcomponent will finance

preparatory studies for the establishment of an autonomous land administration entity or institution,

human resource development and training on several land administration-related topics, and an

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institutional consolidation plan. Based on previous analytical activities, this subcomponent will also

finance the improvement and operationalization of a land use tax system.

(iii) Subcomponent 1.3 – Infrastructure improvement and equipment. This subcomponent will finance

technical and physical infrastructure, including for ICT. This subcomponent will finance the

improvement of the provincial offices’ infrastructure to bring the land administration services closer to

the customers, improve visitors’ access and conditions and the working conditions for the personnel.

DINAT is estimating the need for construction of about 7 provincial office buildings, and up to 10 district

(regional) office buildings that would accommodate all the personnel of DINAT, CENACARTA and other

land administration departments at the local level. The Infrastructure Needs Assessment (to be carried

with PPA funds) is expected to provide the main requirements and specifications so that a decision

regarding the construction of buildings can be made. The subcomponent will also finance the

modernization of the National Geodetic Network, including the design and establishment of the

Continuously Operation Reference Stations (CORS) Network to enable the provision of the Real Time

Kinematic (RTK) positional services to the customers in the selected project areas, thereby reducing

the time and cost of the parcel boundaries survey. The CORS Network establishment will include the

Network Computation Center (NCC) and CORS sites establishment, as well as the training and

capacity building for DINAT personnel for the maintenance of the network and sustainable provision of

the positional services to the customers. The CORS will be also an important part of the spatial data

infrastructure supporting the development of the territory, roads and other infrastructure development

project. The number of stations and technical specifications will be estimated based on the results of

the Infrastructure Need Assessment.

(iv) Subcomponent 1.4 – Land Information Management System. This subcomponent will finance

activities related to the improvement of the country’s land information management system (LIMS)

managed by MITADER (through DINAT) towards a nationwide fault-tolerant, high-available and data-

intensive LIMS, enabling the collection, maintenance and distribution of cadastre data that is up-to-date,

integrated, synchronized and interoperable with data sets from relevant sectors and agencies for the

functioning of a multi-purpose cadastre. This Subcomponent would finance activities that make

cadastral data accessible and available in a timely and transparent manner to feed the

operationalization processes of the National Land Cadastre, National Cartography, Land Use Planning

and, ultimately, to serve the purposes of supporting decision making at various levels. More specifically,

this Subcomponent would finance: (i) the development of an ICT strategy and enterprise architecture;

(ii) the improvement of the land information system’s architecture; (iii) the upgrade of the current land

information system to support the business processes defined in the streamlined methodology; (iv) the

development of DINAT GeoPortal; and (v) the improvement and expansion of DINAT’s Data Center

ESMF 9


capabilities by providing the needed ICT infrastructure. Attention would be given to the interoperability

of the LIMS with: (i) information systems developed in selected municipalities (which are responsible for

maintaining the cadastre in urban areas); (ii) the information system that is being developed by the Real

Property Registry managed by the Ministry of Justice; and (iii) the National Interagency Spatial Planning

Platform, currently being developed by the Ministry of Transport and Communications. LIMS

interoperability capabilities will follow eGIF4M (eGovernment Interoperability Framework for

Mozambique) service delivery architecture.

2.2. COMPONENT 2: Systematic Land Regularization

The objective of this Component is to support the systematic regularization of land use rights in

selected districts through the issuance of community land delimitation certificates and formal

documentation for DUAT rights obtained through occupation (customary and good faith). First, this

Component will finance the acquisition of the high-resolution orthorectified imagery for base mapping,

followed by cadastral surveying in the selected priority districts. Subsequently, and based on a standard

low-cost, fit-for-purpose participatory methodology to deliver results at a large scale, community land

delimitation and issuance of certificates will take place. Communities’ land delimitation will include basic

land use planning and a land rights inventory. The Component will further support regularization of

individual plots in an inclusive manner (with attention to gender and other vulnerability factors), and the

recordation of their respective DUAT. These processes will include community preparation and

consultation, including legal advisory and support services for vulnerable groups and individuals. They

will further contribute to clarify the boundaries of localities, which are administrative areas that usually

encompass more than one community. Since customary and good faith land use rights can be proved

through means other than the titling and registration processes, and the law clearly states that they are

not prejudiced by their lack of registration or titling, during preparation more innovative and

decentralized approaches to identification of land rights holdings would be explored. These approaches

will be developed as part of a strategy to involve a wide range of service providers in the

implementation of the Terra Segura program. As part of the systematic land regularization process, this

Component would also support land rights awareness and communication (with attention to gender and

vulnerable groups), and land conflict management (including paralegals and other service providers,

community tribunals, and other Grievance Redress Mechanisms).

The subcomponents and indicative activities to be supported are the following:

ESMF 10


(i) Subcomponent 2.1 – Public Information and Awareness campaign. This subcomponent will finance

the public information and awareness campaign that will precede the community delimitation and land

regularization activities, including capacity building for local authorities and stakeholders. These

activities will be closely coordinated with the companies that will carry out the delimitation and

regularization field works and carried out in close cooperation with local authorities and traditional

community leaders.

(ii) Subcomponent 2.2 - Base Mapping. This subcomponent will finance (i) the acquisition of high-

resolution digital satellite or airborne imagery to support communities’ delimitation, land regularization

and documentation of DUATs; (ii) the required hardware and software to support such activities; and (iii)

training of personnel for its use. The base mapping will include the orthorectification of the imagery,

training of personnel in CENACARTA on imagery processing, quality control, maintenance and

dissemination of the imagery. The digital color high resolution (50 cm or better) orthorectified imagery

will serve as base map and source of information on the terrain for the communities’ delimitation, the

basic land use planning and land regularization envisaged by the Subcomponent 2.3 below. The

requirements and specifications for the base mapping will be based on the results of the Cadastral

Surveying and Mapping assessment to be financed by the PPA.

(ii) Subcomponent 2.3 Community delimitation and regularization of land use rights . This

subcomponent will finance the delimitation of communities and land regularization activities, including

land rights inventory, land survey, public exposition, conflict management, quality control, migration of

existing cadastral data into the land information system, and issuance of documentation in respect to

legitimately-acquired DUAT rights. Community delimitation will include basic land use planning for

macro delimitation of areas of common use, sacred areas, risk areas, protected areas, as well as the

identification of existing DUATs. To increase competition for such massive land regularization effort and

reduce the cost per unit, the participation of international companies with proper resources and

technology will be key. Due to the sensitivity of land issues, any such company will closely cooperate

with local companies with relevant experience in the area. Land regularization and issuance of DUATs

will be carried out according to the Methodology for Community Delimitation and Land Regularization

that is being developed and tested by DINAT, using the fit-for-purpose, low cost technology.

2.3. COMPONENT 3: Project Management and Coordination

This component will include support to MITADER and its three main Directorates (the National

Directorate of Land - DINAT, the National Directorate of Land Planning and Resettlement - DINOTER,

the National Centre for Cartography and Remote Sensing - CENACARTA) and the National Fund for

ESMF 11


Sustainable Development (FNDS) to manage the Project through financing of a Project Implementation

Unit (PIU), monitoring and evaluation, and public awareness and outreach activities.

2.4. COMPONENT 4: Contingent Emergency Response Component (CERC)

Reflecting the strategic approach taken in Mozambique across the Bank’s portfolio, this Component will

provide immediate response to an eligible emergency. As such, in the event of such eligible emergency

(as defined in the CERC Operational Manual already prepared and adopted by the government), and at

the request of the government, the Component would finance emergency activities and expenditures

through the reallocation of funds from the Project.

2.5. INSTITUTIONAL IMPLEMENTATION ARRANGEMENTS

The proposed Project would be implemented under the leadership of MITADER, with technical

oversight to be provided by the relevant competent Directorates (DINAT, DINOTER, CENACARTA).

The establishment of the Ministry for Land, Environment and Rural Development (MITADER) in 2015

brought a new approach to multiple and transversal intervention (Land, Environment and Rural

Development), generating an opportunity to focus the Government's priority policies and ensure the

implementation of a National Program for Sustainable Development, in an integrated and

comprehensive manner. The mission of MITADER focuses on reducing socio-economic inequalities

with emphasis on the rural environment through the promotion of a diversified and inclusive economy.

MITADER’s mandate includes:

• Land use planning and management;

• Management and sustainable use of forest and wildlife;

• Management of the national network of conservation areas;

• Planning, promotion and coordination of integrated rural and sustainable development;

• Promotion of development of knowledge in the domain of land, environment, rural development and related themes;

• Planning, promotion and coordination of cooperation related to the environment;

• Definition and implementation of an education and awareness strategy; and

• Intersectoral coordination and sustainable use of available resources to promote sustainable development

The National Sustainable Development Fund (FNDS) created in 2016, is under MITADER´s

supervision, and has the objective to mobilize financial resources, promote and finance programs and

projects that ensure sustainable, harmonious and inclusive development, with particular emphasis on

rural areas. Therefore, it aims to collect, manage and invest funds linked to environment, forestry and

ESMF 12


land, and to manage donor-funded projects, such as the WB funded projects. Besides being supervised

by MITADER this Fund is financially supervised by the Minister of Finance.

The Project Management Sector is responsible for managing all the projects financed by World Bank

(including Mozland Project). For each project is assigned a coordinator and a specific technical team

(Project Implementation Unit – PIU). Procurement and Finance tasks are under the responsibility of

FNDS’s Procurement and Finance Sector respectively. Other teams under the Project Management

Sector provide support to all projects on Safeguards, Forest and National Resources, Land Value

Chains and GIS mapping. Project´s interinstitutional arrangement is presented in Figure 2.1.

2.5.1. Interinstitutional and Provincial coordination

In addition, it should be noted that at provincial level MITADER is represented by the Provincial

Directorate for Land, Environment and Rural Development (DPTADER). DPTADER is responsible for

the environmental and social screening and the subsequent subproject’s categorization and is

responsible for conducting the environmental licensing projects of activities classified as Category B or

C.

FNDS will provide coordination between the GoM entities involved in the implementation of Project

activities and will act as the PIU. Fiduciary and safeguards implementation responsibilities would also

lie with FNDS, and its Department of Project Management more specifically, which is currently

managing several other Bank-financed operations.

The PIU will be under the leadership of a Project Coordinator, and will also include as its core staff a

technical coordinator and specialists in the areas of procurement, financial management, M&E, social

development and gender, safeguard, and communication. The General Coordinator will have the

overall responsibility to supervise the Project Coordination Unit (PCU) staff in their planning, organizing,

and executing of all day-to-day administrative, technical, and legal activities of the Project. The

Operations Manual includes the PCU's organizational structure and describes the duties and

responsibilities of PCU staff along with the Project's technical, administrative, financial, procurement,

safeguards, and M&E procedures.

During Project preparation, the roles of other ministries (e.g. Ministry of Justice, responsible for the Real

Property Registry, and the Ministry of State Administration and Public Function, responsible for the

country’s administrative boundaries) and other levels of government entities (districts, provinces,

municipalities) will be defined. Likewise, appropriate mechanisms for inter- and intra-institutional

coordination will be identified. It is expected that other line ministries may have direct or indirect roles in

project implementation (e.g., Ministry of Agriculture and Food Security, Ministry of Mining and Energy,

ESMF 13


Ministry of Labor and Social Security) depending on the specific activities included in the final project

design. In this regard, further analysis of the structure, capacity and role of the Land Consultative

Forum to provide intersectoral high level inputs or policy/technical guidance and consultation for the

Project will be further analyzed during preparation. Project preparation will include a detailed

assessment of the specific institutional arrangements necessary to ensure sound project

implementation including capacity building and budget provisions where necessary.

ESMF 14


Figure 2. 1: MOZLAND implementation institutional arrangements

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2.5.2. Roles and Responsibilities in the project

Roles and responsibilities of the different entities are defined as follows:

i. Procurement

Procurement of the project will be coordinated by a macro procurement sector at the FNDS level,

provided by a Senior Procurement Specialist who will be the link between Project Procurement and

Procurement Specialists of all FNDS Projects and Departments. This system will be strengthened by

institutional capacity building actions, at Central and Provincial levels.

Procurement standards and procedures to be adopted at Mozland will be in line with the "Guidelines for

Acquisition of Non-Consulting Goods, Works and Services under IBRD Loans and IDA Credits and

Donations" (January 2011 issue, revised in July 2014) and "Guidelines for Selection of IBRD Loan

Advisors and IDA Credits and Donations" (January 2011 issue, revised July 2014), by Bank Borrowers,

as well as what is established in the Financing Agreement on this subject. Also, the "Guidelines on

Preventing and Combating Fraud and Corruption in Projects Financed under IBRD Loans and IDA

Credits and Grants" of 15 October 2006 and revised in January 2011 will be implemented.

ii. Project execution

FNDS will coordinate the planning project execution in conjunction with DINAT and the Service

Provider, to ensure that both are aligned in terms of implementation schedule and human and material

resources allocated are adequate.

It will be the responsibility of DINAT to officially launch the process in the Provinces and Districts, to

organize coordination meetings between the PIU and the SPGC, SDAE and SDPI, and that the SPGC

are duly informed of their role in the process.

The SPGC will be responsible for coordinating the actions of the FNDS Communication Office in

community outreach and awareness campaigns, with due follow-up of local and community authorities,

and in monitoring project activities.

CENACARTA will be responsible for providing and updating geospatial images and orthophotomaps

necessary for the demarcation and delimitation works, as well as the updating and dissemination of

information regarding the limits of territorial administrative units, in coordination with National directorate

of Territory Planning (DNOT) from the Ministry of State Administration and Public Services (MAEFP).

CENACARTA will also provide a network of permanent reference stations (CORS) to support SP

georeferencing activities allowing them to use RTK and sub-metric survey methods.

iii. Socio-Environmental Safeguards

ESMF 16


Provincial PIUs will be responsible for the environmental and social screening of the subprojects,

implementation of the measures contained in both ESMF and ESMPs, including the management of

environmental and social impacts of their respective component, in order to comply with environmental

legislation and World Bank guidelines and safeguards, essentially, the measures contained in both the

of the ESMF, ESMPs, or possibly a Resettlement Action Plan (RAP) as well as the commitments made

by each implementing agency.

SPGCs in coordination with DINOTER and DPTADER will be responsible for identifying and

dissimilating information regarding exclusion zones as well as regularizing land use plans in districts.

iv. Survey and Registration of DUATs and Delimitation of communal lands

The Service providers (SP) will be responsible for promoting participatory rural appraisal, collecting,

processing and processing in SiGIT all alphanumeric and geospatial information relating to the parcel

and the delimitation of the community, as well as drawing up the simplified land use plans and the

necessary procedure for and to identify and report to the SPGC any land conflicts, taking the necessary

measures to promote their resolution.

DINAT will provide the communication and computing infrastructure required to support all the RDUAT

and DelCom processes in an integrated manner and will provide a communication interface that will

allow bi-directional interconnection between SP mobile equipment and the SiGIT central system for

data transfer from processes and their validation through the pre-established rules in the system.

v. Processing of the Title of RDUAT and Cognate of Delcom

Once the survey and introduction of the RDUAT or DelCom process in SiGIT is completed, it is the

responsibility of the SP to produce the maps that compose the edicts and publish them in a public place

and later manage any changes that may be requested.

At the end of the publication period, the SP informs the SPGC at the end of the bidding period for the

SPGC to compile the batch of DUATs and submit it for approval by the Governor.

The printing of the RDUAT title and the Delcom certificate will be the responsibility of DINAT, which

after production (centrally to ensure consistency in document quality, implement document security

mechanisms, reduce risks of falsification, ensure continuity of operation and reduce costs); it will send it

to the SPGC, which in turn will try to process it to receive the signature of the Governor of the

respective province and the SP will try to get them to the district authorities to deliver them to the

beneficiaries.

vi. M & A - Monitoring and Evaluation

ESMF 17


The M & E of the Project will be coordinated by a macro sector of M&E at the level of the FNDS,

provided by a Senior M & E Specialist and assisted by an M&E Assistant. with the primary objective of

ensuring an effective monitoring and evaluation process (M&E) as well as good coordination between

the project components and stakeholders involved in achieving the project development objective

(PDO) and their expected final results. The M&E process will be implemented in coordination with all

project stakeholders (government agencies, NGOs, financiers and other interested parties) using an

integrated approach over the five years of project implementation.

ESMF 18


CHAPTER III. BIOPHYSIC AND SOCIO-ECONOMIC DATA

3.1. LOCATION AND TOPOGRAPHY

Mozambique is a coastal country located between 11°27’S and 26°52’S, and 30°51’E and 40°51’E.

The total land area is 801,590 km², with a coastline of 2,470 km. The country is bordered by South

Africa and Swaziland in the south, Zimbabwe, Malawi and Zambia in the west, Tanzania in the north

and the Indian Ocean in the east (Figure 3.1). Mozambique is sparsely populated and more than 60%

of the country’s population live in rural areas, subsisting off the land.

Figure 3. 1: Mozambique Location Map

In terms of Topography, the east consists of lowlands while the west is more mountainous.

Mozambique has a coastline of 2,700 kilometres. North of the Zambeze River the topography is

mountainous – as is typical of the interior areas of the Great Valley Rift – with coastal plains and coral

reefs. The south is described as a wide coastal alluvium plain covered in savannas, valleys, and

various rivers. The location is particularly vulnerable to extreme climate phenomena such as droughts,

floods, and cyclones.

ESMF 19


3.2. CLIMATE

Mozambique has a tropical to subtropical climate, with some semi-arid regions in the southwest of the

country. Average temperatures are highest along the coast as well as in the south of the country (20-

26°C) and lower in high inland regions. There are seasonal temperature variations, with a cool dry

season from April to September (coolest months are June – August) and a hot humid season from

October to March (warmest months are December – February).

Figure 3.2: Climate of Mozambique

ESMF 20


Rainfall is highest in the north (1,000 mm/year) and lowest in the southeast (500 mm/year), but also

varies according to topographic features – with most rainfall in higher areas and along the coast (800-

1,200 mm). The driest area of the country is the southern inland area, where some locations receive

only 300 mm of rainfall per year. Rainfall mainly occurs during the hot season, from November to April –

with the majority falling between December and February. The north receives 150-300 mm of rainfall

per month during this season, while the south receives 50-150 mm per month.

3.5 GEOLOGY AND MINERALS

The geology of Mozambique is primarily extremely old Precambrian metamorphic and igneous crystalline

basement rock, formed in the Archean and Proterozoic, in some cases more than two billion years ago.

Mozambique contains greenstone belts and spans the Zimbabwe Craton, a section of ancient stable

crust. The region was impacted by major tectonic events, such as the mountain building Irumide

orogeny, Pan-African orogeny and the Snowball Earth glaciation. Large basins that formed in the last half-

billion years have filled with extensive continental and marine sedimentary rocks, including rocks of the

extensive Karoo Supergroup which exist across southern Africa. In some cases, these units are capped

by volcanic rocks. As a result of its complex and ancient geology, Mozambique has deposits of iron,

coal, gold, mineral sands, bauxite, copper and other natural resources.

Mozambique has extensive natural resources, although most remain undeveloped. The Manica Belt is

a continuation of the Mutare-Manica Gold Belt from Zimbabwe and contains iron, copper, asbestos,

gold, lead, nickel and bauxite hosted in an Archean and Paleoproterozoic greenstone belt. The

metasediments of Gairezi Group and Umkondo Group both host limestone, copper and iron near the

border with Zimbabwe. Seven out of the nation's 10 provinces have graphite in Proterozoic rock

associated with schist and gneiss. Semi-precious tones, feldspar, beryl (including aquamarine and

morganite), mica and radioactive minerals are found with pegmatites in the Proterozoic rocks in

Zambezia Province and Nampula Province. Elsewhere, in the northeast, pegmatite hosts lithium,

bismuth, quartz, beryl, columbium, antimony and tantalum.

Mozambique is also notable for beach sands between Quelimane and Angoche, laden with zircon,

rutile, monazite and ilmenite. The Cretaceous Grudja Formation shows the most promise for potential

hydrocarbons and Mesozoic sedimentary sequences in the north. Mozambique has got great reserves

of natural gas.

ESMF 21


Figure 3. 3: Geology of Mozambique

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3.7. HIDROLLOGY

The hydrographic netwrk of Mozambique is very dense. The country is drained by five principal rivers

and several smaller ones. The most important ones, from south to north, are Maputo, Umbeluzi,

Incomati, Limpopo, Save, Buzi, Púnguè, Zambezé, Licungo, Messalo and Rovuma. There are four

significant lakes: Lake Niassa (or Malawi), Lake Chiuta, Lake Cahora Bassa and Lake Shirwa, all in the

northern part of the country. The Regional Water Administrations (or Regional Water Boards) /

Administração Regional de Águas (ARAs) are responsible for operational water management, including

collecting river level and flow data, in Mozambique.

Figure 3. 4: Hydrology of Mozambique

ESMF 23


The table below provides the total area occupied by water bodies in the districts by province selected for

Mozland project. It is estimated that a total area of 436 131Ha are made of water in those target areas.

Table 3. 1: Area occupied by water bodies in project target province

Province Districts Water body areas in Hectors (Ha)

MAPUTO 9 25.847GAZA 14 37.414

INHAMBANE 14 37.317SOFALA 13 19.989MANICA 12 4.981

TETE 15 255.867ZAMBEZIA 23 13.134NAMPULA 23 569

C. DELGADO 18 18.697NIASSA 16 22.317

Total 157 436.131

The Land Law establishes partial protection zoned along the rivers, lakes, river springs and other

sensitive areas.

3.8. CONSERVATION AREAS

In Mozambique, the conservation areas are management by the National Administration of

Conservation Areas (ANAC), a body supervised by the Ministry of Land, Environment and Rural

Development (MITADER).

Protected areas in Mozambique are known as conservation areas, and are currently grouped into

national parks, national reserves, forest reserves, wildlife utilisation areas (coutadas), community wildlife

utilisation areas and private game farms (fazendas de bravio). There are also a number of areas that

have been declared as protected areas under a variety of different legislation.

The National Network of Conservation Areas, led by ANAC, manages 7 national parks, namely

Quirimbas, Gorongosa, Mágoè, Bazaruto, Limpopo, Zinave and Banhine, and 12 national reserves,

namely Niassa, Gilé, Marromeu, Lake Niassa, Chimanimani, Pomene, Malhazine, Ponta de Ouro and

the Inhaca Biological Reserve, the Cape São Sebastião Total Protection Zone, and the Environmental

Protection Area of the First and Second Islands. Also falling within the framework of ANAC management

are other categories of conservation areas, such as the case of official hunting reserves and game

farms, intended for the development of safari tourism and also the 3 Community Conservation Areas of

Mitchéu, Tchuma Tchato and Chipanje Chetu, and the Forest Reserves.

ESMF 24


Through its network of conservation areas, Mozambique possesses a very rich biological diversity,

bringing together separate ecosystems, both terrestrial and marine. This diversity of ecosystems plays

an important role in the provision of environmental services.

The Figure 3.5 shows that some of the districts included in the Mozland project are covered by some

conservation areas. The table below shows the total area occupied by conservation activities for each

province.

Table 3. 2: Area occupied by Conservation activities per project target province

Province District Conservation Areas in Hectors (Ha)

MAPUTO 9 78.044GAZA 14 1.767.085

INHAMBANE 14 369.593SOFALA 13 525.577MANICA 12 0

TETE 15 0ZAMBEZIA 23 284.967NAMPULA 23 0

C. DELGADO 18 0NIASSA 16 1.248.620Total 157 4.273.885

ESMF 25


Figure 3. 5: Conservation areas falling within Mozland target areas.

ESMF 26


3.9. SOCIO-ECONOMIC

3.9.1. Population

There were 28.9 million people living in Mozambique in August 2017, according to preliminary results

from the country’s Fourth National Population Census carried out in that month. The previous census,

held in 2007, showed that the population then was 20.5 million. Thus, in the space of a decade, the

Mozambican population has grown by 41 per cent, or by an average of over four per cent a year.

The most populous of the provinces remains Nampula, in the north, with 6,102,867 inhabitants, followed

by the central province of Zambezia, with 5,110,787, concentrating about 39% of national population.

The western province of Tete is in third position, with 2,764,169 inhabitants.

The least populous province is Maputo City, with 1,101,170 inhabitants. There is a clear drift of

population from Maputo to the neighbouring city of Matola, capital of Maputo province. Maputo province

is now the most heavily populated province in the south of the country, with 2,507,098 inhabitants. The

other two southern provinces, Inhambane and Gaza, have 1,496,824 and 1,446,654 inhabitants

respectively. The southern four provinces between them only account for 23 per cent of the population.

The table below provides the following information about the target areas of the project:

- Province Name of the Province.- District Number of Districts by Province- Km² Project Area per Province in Km²- Pop2018 Population 2018 (INE projections)- Mca.Ts12.Sust Land titles handed and to be handed over by MCA + Terra Segura 1 e 2 +

Sustenta (ANRLMP + MOZFIP)- MzLd Titles MozLand- MzLd1 Titles MozLand 1- MzLd2 Titles MozLand 2- ShaUsed Areas used by Province (Estimate)- ShaDisp Areas Available by province (Estimate)- Mca.Ts1 Titles handed MCA + Terra Segura 1- Ts2 Titles to be handed over Terra Segura 2- ShaPSiGIT Areas of land registered in SiGIT- ShaComSiGIT Comunity areas in Ha registered in SiGIT

Table 3. 3: General demograhic and land information by Province

ESMF 27


Província

Distritos

SKm2

Pop2018

Mca.Ts12.Sust

MzLd MzLd1

MzLd2

ShaUsed

ShaDisp

Mca.Ts1

Ts2 ShaPSiGIT

ShaComSiGIT

MAPUTO

9 23.669

2.507.098

140.244 159.232

83.943

0 452.060

1.914.826

90.557

49.687

176.721

87.302

GAZA 14 75.564

1.446.654

177.247 147.795

112.955

34.278

2.612.440

4.943.944

47.969

129.278

96.536

605.057

INHAMBANE

14 68.953

1.496.824

130.773 183.699

97.105

50.710

908.316

5.987.030

27.955

102.818

359.313

63.629

SOFALA 13 67.956

2.221.803

114.185 222.136

138.459

59.945

3.636.584

3.159.028

26.756

87.429

2.083 3.020.425

MANICA 12 62.506

1.911.237

95.966 341.889

240.239

72.490

542.175

5.708.459

172 95.794

283.378

196.237

TETE 15 101.057

2.764.169

132.273 461.530

306.129

111.264

1.069.745

9.035.920

461 131.812

174.993

559.520

ZAMBEZIA

23 103.420

5.110.787

321.885 794.873

424.803

380.185

2.774.198

7.567.828

64.505

98.449

1.252.328

1.030.638

NAMPULA

23 78.456

6.102.867

352.186 673.411

377.887

253.372

2.169.538

5.676.027

51.022

144.714

636.953

1.320.705

C. DELGADO

18 78.200

2.333.278

151.679 223.794

114.617

102.262

694.077

7.125.954

46.827

100.898

218.397

365.977

NIASSA 16 122.905

1.865.976

118.283 246.919

116.638

91.249

4.498.511

7.791.975

50.502

67.781

9.170 3.147.435

Total 157 782.686

27.760.693

1.734.721

3.455.278

2.012.775

1.155.755

19.357.644

58.910.991

406.726

1.008.660

3.209.871

10.396.924

3.9.4 Health

Life expectancy in Mozambique was 53.8 years in 2015, up from 52.1 years in 2010, 50.3 years in 2007

and 44.3 years in 1997. The 2015 figures for females and males were 55.9 years and 51.7 years,

respectively. Births attended by skilled personnel fluctuated in a range of 56.6 per cent in 2010 to 75 per

cent in 2015. (INE, 2015). The most recent data on HIV, which is as of 2009, show that the prevalence

rate for adults aged 15-45 years increased to 11.5 per cent in 2009, from 9.7 per cent reported in 2003.

At the national level, 13.1 per cent of women and 9.2 per cent of men aged 15-49 years are HIV-

positive, with a higher prevalence rate, 15.9 per cent, found in urban areas, compared to 9.2 per cent in

rural areas. The general antiretroviral coverage in Mozambique has increased from less than 5 per cent

in 2005 to 85 per cent in 2015.

Malaria is among the reported leading causes of morbidity and mortality in Mozambique; the number of

reported cases of malaria rose from 3.3 million in 2010 to 5.4 million in 2015, while the reported number

of deaths because of malaria increased from 1,859 in 2010 to 1,923 in 2015. Measures being

implemented to combat malaria include use of treated mosquito bed nets, indoor residual fumigation

and preventive and prompt treatment (Instituto Nacional de Estatística, Ministério da Saúde and ICF

International, 2012; 2014)

3.9.5 Education

While Mozambique has recorded improvements in the various education access-related indicators,

differences remain in several relevant indicators, notably in the lower numbers for females compared to

ESMF 28


their male counterparts. For example, enrolment rates for females are still lower than their male

counterparts. With regard to literacy, the literacy rate for the 15-20 age group is fairly high at 70.8 per

cent. In 2014 and 2015, national illiteracy rate for the 15-19 age group was 29.3 per cent and 23.2 per

cent for males and 35.9 per cent for females. Primary school enrolment rates at national level are very

high, with males posting a rate of 100.5 compared to 95.9 for females in 2015. Net enrolment rates for

primary school have improved significantly from 66.8 per cent in 2002 to 98.2 per cent in 2015.

Gender equality in education has yet to be achieved in Mozambique; gross and net enrolment rates are

lower for females in comparison to males. The pupil-teacher ratios are higher at the junior primary and

junior secondary levels. To reduce the pupil-teacher ratios, the Government planned to recruit 8,500

teachers in 2016 to be equitably allocated across the country, giving priority to districts with high pupil

teacher ratios.

ESMF 29


CHAPTER IV. NATIONAL LEGISLATION AND WORLD BANK POLICIES APPLICABLE TO THE PROJECT

4.1 NATIONAL LEGISLATIVE, REGULATORY AND INSTITUTIONAL FRAMEWORK

Constitution of the Republic of Mozambique

The aspects concerning the environment are provided for in the 1990 Constitution, both regarding the

rights and guarantees (Article 90 of the Constitution of the Republic of Mozambique – CRM). In fact,

Article 90 of the CRM declares the right of citizens live in a balanced environment and have the duty to

defend it. The same article requires the state and the local authorities, with collaboration from

associations for environmental protection, to adopt policies to protect the environment and promote the

rational use of all natural resources.

As far as Land related aspects, since Mozambican independence in 1975, property in land has been

vested in the state. Despite the political and economic shift to a multi-party system and market economy

since the 1990 Constitution, this underlying principle has remained in place, and no land may be sold,

mortgaged or otherwise alienated. (Article 109 of the CRM)

Land Policy

In 1995, a new National Land Policy (NLP) was approved, expressed in the Land Law of 1997 and its

Regulation.1 The policy aimed to establish a clear rights-based approach to guaranteeing land for

Mozambicans and supporting rural community land rights while encouraging private investment in the

country.2

The Land Law (Law nº 19/97, of 1 st October) Mozambique’s 1997 Land Law established a right to use land which is inheritable. This right is known by

the acronym DUAT, from the Portuguese Direito de Uso e Aproveitamento dos Terras—‘right of use and

benefit of land.’ While a DUAT does not confer full ownership, it is a secure, renewable, and long-term

user right that covers a period of up to 50 years. The Law provides communities and local people with a

secure title to land, while providing security to investors. It gives the state authority to allocate land

concessions for commercial businesses.

According to the Land Law, a DUAT can be acquired in three ways: (i). Local community occupation

governed by customary law; (ii) Good faith occupation (after using the land for at least 10 years without

objection); and (iii) Adjudication and allocation of a 50-year lease by the State.

Other key land related legislations:

1 Law no. 19/97 of 1 October and its Regulation, approved by Decree no. 66/98 of 8 December.

ESMF 30


Land Law Regulation – Decree n.º 66/98,of 8th December;

Amendment to the Land Law Regulation (articles 20 and 39) – Decree n.º 1/2003, of 18th February;

Land Law Regulation Technical Annex – Ministerial Diploma nº 29/2000-A, of 17th March.

The Environmental Framework Law (Law nº 20/97 of 1 st October) The Environmental Framework Law was passed by the Mozambican Parliament in July 1997. The aims

of the Law are to provide a legal framework for the use and correct management of the environment and

its components and to assure the sustainable development of Mozambique.

The Environmental Law is applicable to all public and private activities, which may influence the

environment either directly or indirectly. Some of the core principles for environmental management

defined in the Law are to:

Improve the quality of life of citizens and the protection of biodiversity and ecosystems. Recognize and value local communities' traditions and knowledge. Prioritize preventive systems against environmental degradation. Take a holistic and integrated perspective of the environment. Recognize the importance of public participation. Foster the principle of polluter-pays. Recognize the importance of international co-operation.

Important features of the Law include:

The Law forbids the pollution of the soil, subsoil, water or atmosphere by any polluting substances, or any other form of degradation of the environment, which fall outside the limits stipulated by the Law.

Projects and operations that are likely to have a negative impact on the environment are subject to an environmental impact assessment by independent assessors.

To protect environmental components that have a recognized ecological and socio-economic value; environmental protection zones can be created.

Licensing of activities (Article 15) that are liable to cause significant environmental impacts is required. The issuance of an environmental license is dependent on an appropriate level of environmental impact assessment being completed and accepted.

Environmental Impact Assessment

The Ministry for Land, Environment and Rural Development (MITADER), through the National

Directorate for the Environment (DINAB) is the authority responsible for EIA and environmental licensing

of activities.

The Regulation on the Environmental Impact Assessment Process (Decree No. 54/2015 of 31

December, which repeals Decrees 45/2004 and 42/2008) establishes the rules for the environmental

assessment process, namely the categorization process of activities, the level and content of

ESMF 31


environmental studies required for the different categories, public participation process, review process,

environmental licensing stages (Interim, Installation and Operation), responsibilities, inspections,

applicable fees and penalties. The Environmental Impact Assessment process is an instrument that

aims to contribute to the environmental and social sustainability of activities. It begins with the Pre-

Evaluation of the activity (screening phase- pre evaluation form in annex iii), by the Environmental

Impact Assessment Authority at central or provincial level, according to the location of the project. The

screening process shall result in project’s EIA categorization based on the information made available,

site visit by the EIA authorities, checking whether the project is listed in one of the Annexes of the

Regulation, namely, Annex I – Category A+ Activities, Annex II - Category A Activities, Annex III -

Category B Activities, Annex IV - Category C Activities. During the EIA process it is always required to

fatal flaws as specified in and Annex V. The categories are defined in the Decree as the following:

Category A+- Activities which due to their complexity, location and / or irreversibility and

magnitude of impacts deserve not only a high level of social and environmental surveillance, but

also the involvement of specialists in the EIA processes.

Category A - Activities which may significantly affect living organisms and environmentally

sensitive areas and their impacts are of longer duration, intensity, magnitude and significance.

Category B- Activities which do not significantly affect living organisms or environmentally

sensitive areas compared with those activities listed under Category A.

Category C - Activities which have negligible, insignificant or minimal negative impacts.

Under the revised EIA Regulations (No. 54 of 2015), activities proposed by Mozland are considered to

fall under Category B. The EIA process as described in Decree 54/2015 is summarized in Figure 4.1

ESMF 32


Figure 4. 1: EIA process as per decree 54/2015

Other environmental and social legislation relevant to the project are:

Environmental auditing and inspection o The Decree on Environmental Auditing (Decree nº25/2011, of 15 th de June). o The Decree on Environmental Inspection (Decree nº 11/2006 of 15 th June)

Air quality and effluent standardso The Decree on water effluents and air quality standards (Decree nº 18/2004 emended

by Decree nº 67/2010)

Solid Waste Management o Regulations on the Management of Hazardous Wastes (Decree nº83/2014) o Regulation on Urban Waste Management (Decree nº94 / 2014)

Water Resourceso Water Law (Law nº. 16/91 of 3 August) o Regulation on water licensing and concession (Decree nº 46/2007).o Regulation of public systems of water supply and wastewater disposal (Decree nº.

30/2003 of 1 July)

Coastal Managemento Regulation for the Prevention of Pollution and Marine and Coastal Environment

Protection (Decree nº 45/2006 of 30 November)

Land use Planning o Land Use Planning Law (Law nº 19/2007 of 18th July)o Land use planning Law Regulation (Decree no 23/2008, of 1st of June o Directive for expropriation for land use planning purposes- Ministry Diploma nº

181/2010 of 3rd November.

ESMF 33


Cultural Heritage – The Ministry of Culture and Tourism is responsible for cultural heritage. The key legislations are:

o Cultural Heritage Act (Law nº. 10/88) o Archaeological Heritage Protection Regulation (Decree nº 27/94, of 20 July)

Involuntary Resettlement – MITADER oversees resettlement processes through the National Directorate of Land Use Planning and Resettlement. The key legislations are:

o Regulation on Resettlement as a result of implementation of economic activities (Decree nº 31/2012 of 8th August;

o Diploma nº155/2014 on the Internal Regulation for Resettlement Technical Commission;

o Diploma nº 156/2014 Technical Guidelines for Preparation and Implementation of Resettlement Action Plan;

Forestry and Wildlife – MITADER oversees Forestry and Wildlife management through the National Directorate of Forestry

o Forestry and wildlife law (Law nº 10, of 7th July 1999)o Forestry and Wildlife Law Regulation (Decree nº 12/2002, de 6 de June)

Conservation areas – MITADER is responsible for Conservation areas through ANAC (National Authority for Conservation Areas)

o Conservation and Biodiversity Law (Law Nr. 16/2014, revised in 2017) establishes provides for the legal establishment of Conservation Area Management Boards (CGAC),

o Conservation Law Regulation -Decree Nr. 89/2017.

International Conventions Beside the above-mentioned legislation, it is relevant to highlight some international conventions ratified

by Mozambique relevant to the project. These conventions are summarized in Table 4.1

ESMF 34


Table 4. 1: International Conventions Ratified by Mozambique

Convention Year of ratification Biodiversity related topics African Convention on the Conservation of Nature and Natural Resources

1981 (Resolution 18/81)

Recognizes the vital importance of natural resources, e.g. flora, fauna, water and soil, to the well-being of African populations.

Convention on International Trade in Endangered Species (CITES)


Recognizes that various species, animals and plants represent an irreplaceable part of natural ecosystems.

Bamako Convention on the Protection of the Ozone Layer


Recognizes the effects of changes in ozone layer on ecosystems and organisms.

Framework Convention on Climate Change (UNFCCC)


Recognizes the elevated natural greenhouse effect, caused by human activities, and evaluates the extent they affect adversely the natural ecosystems and humankind; also recognizes the role of terrestrial and marine ecosystems as carbon sinks.

Convention on Biological Diversity (CBD) 1994 (Resolution 2/94) Convention on the Protection, Management and Development Marine and Coastal East Africa Region


Recognizes the special characteristics of marine ecosystems (hydrographic and ecological), and the threats they face from pollution and poor integration in the development process.

Bamako Convention on the Prohibition of Hazardous Waste Import, and controls Transboundary movements of such wastes in Africa


Recognizes the increasing complexity of production and toxic waste and the effects on human health and biodiversity.

Convention to Combat Drought and Desertification (UNCCD)


Recognizes that desertification is caused by complex interactions among physical, biological, political, socio-economic and cultural factors.

Cartagena Protocol on Biosafety 2001 (Resolution 11/2001)

Establishes mechanisms to protect biodiversity and human health risks of Genetically Modified Organisms (GMOs)

Convention on the Protection of Wetlands (RAMSAR)


Recognizes the ecological importance of wetlands as regulators of hydrological regimes and habitats of specific flora and fauna species (including migratory).

Stockholm Convention on Persistent Organic Pollutants


Recognizes the toxic effects of pollutants on biological tissues and transported across borders.

Bonn Convention on Migratory Species (CMS) – 2009 Recognizes the importance of conservation of special habitats of migratory species. Nagoya Protocol 2014 Supplementary agreement to the CBD for regulating access to genetic resources

and the Fair and Equitable Sharing of Benefits Arising from their Utilization (ABS).

ESMF 35


4.2. APPLICABLE WORLD BANK SAFEGUARD POLICIES

The ten World Bank´s safeguard policies, were created to inform decision making, ensuring that

projects financed by the Bank are environmentally and socially sustainable, and they include:

Environmental Assessment (OP 4.01), Natural Habitats (OP 4.04), Forestry (OP 4.36), Pest

Management (OP 4.09), Physical Cultural Resources (OP 11.03), Indigenous People (OP 4.10),

Involuntary Resettlement (OP 4.12), Safety of Dams (OP 4.37), Projects on International Waterways

(OP 7.50) and Projects in Disputed areas (OP 7.60).

https://consultations.worldbank.org/Data/hub/files/safeguardsreviewapproachportuguese_2.pdf.

In addition to those policies, it is important to mention the Environmental, Health and Safety guidelines

(ESHS Guidelines), from IFC, which may be applicable.

https://www.ifc.org/wps/wcm/connect/dfa5bc804d0829b899f3ddf81ee631cc/PS_Portuguese_2012_Full-

Document.pdf?MOD=AJPERES.

Environmental Assessment (OP 4.01) governs the World Bank’s policy on environmental assessment,

demanding that all projects proposed for funding by the Bank must be subjected to environmental

assessment process, to ensure environmental and social sustainability, thereby contributing to an

improvement in the decision-making process. It establishes that the environmental assessment is

initiated as early as possible in project processing and is integrated closely with the economic, financial,

institutional, social, and technical analyses of a proposed project. The environmental assessment

process takes into account the natural environment (air, water, and land), human health and safety,

social aspects (involuntary resettlement, indigenous peoples and physical cultural resources) (to ensure

compliance with the World Bank Group Environment, Health and Safety Guidelines – EHSG) and

transboundary and global environmental aspects.

The Bank undertakes environmental and social screening of each proposed project to determine the

appropriate extent and type of Environmental Assessment required. The Bank´s OP 4.01 for

Environmental Assessment classifies the proposed project into one of four categories, A, B, and C,

depending on the type, location, sensitivity, and scale of the project and the nature and magnitude of its

potential environmental impacts.

(a)Category A: A proposed project is classified as Category A if it is likely to have significant adverse

environmental impacts that are sensitive, diverse, or unprecedented. These impacts may affect an area

broader than the sites or facilities subject to physical works.

(b) Category B: A proposed project is classified as Category B if its potential adverse environmental

impacts on human populations or environmentally important areas--including wetlands, forests,

grasslands, and other natural habitats--are less adverse than those of Category A projects. These

ESMF 36

https://www.ifc.org/wps/wcm/connect/dfa5bc804d0829b899f3ddf81ee631cc/PS_Portuguese_2012_Full-Document.pdf?MOD=AJPERES

https://www.ifc.org/wps/wcm/connect/dfa5bc804d0829b899f3ddf81ee631cc/PS_Portuguese_2012_Full-Document.pdf?MOD=AJPERES

https://consultations.worldbank.org/Data/hub/files/safeguardsreviewapproachportuguese_2.pdf


impacts are site-specific; few if any of them are irreversible; and in most cases mitigatory measures can

be designed more readily than for Category A projects.

(c)Category C: A proposed project is classified as Category C if it is likely to have minimal or no

adverse environmental impacts. Beyond screening, no further EA action is required for a Category C

project.

The MOZALND project has been classified as Category B under World Bank safeguard policy for

Environmental Assessment OP 4.01, owing to the nature and characteristic of the proposed subproject

activities impacts, which are site specific, temporary, easily manageable with adequate tools and in

many cases reversible. Hence, all subprojects activities classified as category A may not be eligible for

financing, and as such will not be implemented under this project.

Depending on the project category, a range of instruments can be used to satisfy the Bank's

environmental assessment requirements: environmental and social impact assessment (ESIA), regional

or sectorial environmental assessment, strategic environmental and social assessment (SESA),

environmental audit, hazard or risk assessment, environmental management plan (EMP) and

environmental and social management framework (ESMF).

Proposed Mozland activities or subprojects will be classified, through a process of environmental and

social screening, to one of the following environmental impact categories: A, B or C, as defined in the

World Bank safeguard policy for Environmental Assessment OP 4.01 and by the National Impact

Assessment Regulation.

Since the location of the subprojects will not be known before project appraisal, their exactly negative

impacts cannot be exactly determined at this stage, however based on the type of activities to be

developed they can be identified and generic mitigation measures recommended. For this reason, this

ESMF has been prepared to ensure that potential negative environmental and socio‐economic impacts

are identified during project screening, prior to approval of individual sub‐projects, and that appropriate

measures are set forth to avoid, minimize, or mitigate such negative impacts are in the course of project

implementation.

The subcomponent 1.3 – Infrastructure improvement and equipment - from the component 1 and

Subcomponent 2.3 - Community delimitation and regularization of land use rights - from component 2 of the project, are likely to interact directly with biophysics and social environmental aspects.

The World Bank safeguard policies triggered by the project are: OP 4.01 on Environmental Assessment, OP 4.04 Natural Habitats and OP 4.12 for Involuntary Resettlement, as described in detail

in Table 4.2

ESMF 37


Table 4. 2: WB Safeguard Policies-key objectives, applicability to Mozland Project

Safeguard Policies Main Objective Applicability to MozlandOP 4.01 Environmental Assessment

The objective of this policy is to ensure that projects financed by the World Bank are environmentally sound and sustainable, and that decision making is improved through adequate analysis of actions and their possible risks and environmental impacts in the natural environment (air, water and land); human health and safety; social aspects (involuntary resettlement, indigenous peoples, and physical cultural resources) and transboundary and global environmental aspects.

APPLICABLEGenerally, the Land Administration Project (Terra Segura) would provide positive environmental and social benefits. However, theEA policy is triggered, predicated on (i) project support, under components 1 and 2, not only regarding the land regularization, but mainly for the improvement of the legal framework for land administration and land use planning, including the revision and harmonization of relevant legal and operational instruments which could directly and indirectly, especially in the context of demarcation and formalization, lead to changes in land use practice, migration and/or influx of newcomers, and increased or shifting pressure on natural resources and deforestation; (ii) project instruments and manuals need to be designed or improved to ensure that protected or fragile areas are properly handled in the land administration system and (iii) Project financing for small scale infrastructure sub-projects some of which could result in environmental and/or social impacts and risks that would require due safeguards consideration. In accordance with OP/BP 4.01 the project is classified as Category B. The ESA will identify all impacts and risks and include an ESMF setting forth the mechanisms and measures to prevent, avoid, minimize, mitigate or compensate potential direct, indirect, and cumulative environmental and social impacts associated with land rights delimitations and regulatory reforms in land use planning. Additionally, since the anticipated scale and magnitude of potential impacts from small scale civil works are expected to be minor, localized and temporary, a generic Environmental and Social Management Plan (ESMP) will be prepared to address environmental and social risks associated with such activities and to provide safeguards guidance for subproject management. Stakeholder engagement and GRM mechanisms will also be developed for application across all program activities and components.

OP 4.04 Natural Habitats

This policy recognizes that the conservation of natural habitats, like other measures that protect and enhance the environment, is essential for long-term sustainable development. Therefore, the Bank supports the protection, maintenance and rehabilitation of natural habitats and their functions by funding in

NOT APPLICABLEThe project will support the systematic regularization of land rights. The project will not register land rights in areas designated as protected areas by the GoM or in areas of potential environmental significance, including forests, areas along riverbanks.

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Safeguard Policies Main Objective Applicability to Mozlandits economic and sector work, project financing, and policy dialogue. By funding projects, the Bank expects borrowers to apply a precautionary approach to natural resource management to ensure opportunities for environmentally sustainable development.

OP 4.36 Forests

The objective of this policy is to harness the potential of forests to reduce poverty in a sustainable manner, integrate forests effectively into sustainable economic development, and protect the vital local and global environmental services and values of forests. Where forest restoration and plantation development are necessary to meet these objectives, the Bank assists borrowers with forest restoration activities that maintain or enhance biodiversity and ecosystem functionality. The Bank also assists borrowers with the establishment and sustainable management of environmentally appropriate, socially beneficial, and economically viable forest plantations to help meet growing demands for forest goods and services.

NOT APPLICABLELand rights delimitation will not be focused on forests and natural areas. To the extent delimitation involves demarcation of sacred or protected forests or other areas, which could limit access to livelihood or forest resources, risk of such impacts will be addressed under OP 4.12.

OP 4.09 Pest Management

The objective of this policy is to minimize and manage the environmental and health risks associated with pesticide use and promote and support safe, effective, and environmentally sound pest management. It aims to (I) promote the use of biological or environmental control methods and reduces reliance on synthetic chemical pesticides; and (ii) consolidate the legislative powers of the countries and their institutions to promote and ensure a safe pest management, effective and environmentally sound pest management. More specifically, this policy aims, among other objectives to: (a) Determine which activities related to pest management in Bank-financed operations is based on the principles of integration and seek to reduce the use of synthetic chemical pesticides; (b) ensure that the dangers to health and environmental risks associated with pest management, especially the use of pesticides are minimized and can be managed effectively by the user.

NOT APPLICABLE The project does not involve activities that may result in use of pesticides .

OP 4.11 Physical Cultural Resources

The objective of this policy is to assist countries to avoid or mitigate adverse impacts on physical-cultural resources resulting from development project activities, including

APPLICABLE The project will not register land rights in areas or sites of great cultural significance or cultural patrimony. Execution of the subprojects would

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Safeguard Policies Main Objective Applicability to Mozlandmitigating measures. For the purposes of this policy “physical-cultural resources” are defined as movable or immovable objects, sites, structures, groups of structures, and natural features and landscapes that have archeological, paleontological, historical, architectural, religious, aesthetic or cultural significance. Such resources may be located in urban or rural settings and may be above or below ground or underwater. Their cultural interest may be at local, provincial or national level, or within the international community.

be unlikely to involve large excavation or earth movements of any sort. Furthermore, construction and renovation works will be carried out only in existing MITADER premises or areas selected by local people through a broader consultative process that includes prior, free and informed consent that would give great importance to safeguarding their cultural resources. Nonetheless, the policy is triggered, predicated on the assumption that there could be “chance finds”. The generic ESMP will include national procedures and guidelines to be followed throughout project implementation

OP 4.10 Indigenous Peoples For all projects proposed Bank funding that affect indigenous peoples, the Bank requires the borrower to undertake free, prior and informed consultation with affected Indigenous Peoples to ascertain their broad community support for projects affecting them The project financed by the Bank must include measures to: (a) avoid adverse effects on indigenous populations; or (b) when it is not possible to avoid the effects, minimizes, mitigates, or compensates for such purposes. The projects financed by the Bank are designed with the assurance that indigenous people receive social and economic benefits that are culturally appropriate and adequate gender and inter-generations.

NOT APPLICABLE There are no communities in Mozambique that fit to the definition of Indigenous Peoples as described per the policy.

OP 4.12 Involuntary Resettlement

The objective of this policy is to (i) avoid or minimize involuntary resettlement, where feasible and explore all viable alternative project designs; (ii) assist displaced people in improving their former living standards, income earning capacity, and production levels, or at let in restoring them; (iii) encourage community participation in planning and implementing resettlement; and (iv) provide assistance to affected people regardless of the legality of land tenure.

APPLICABLEOP 4.12 is triggered, at this stage, due to small scale civil works that may lead to involuntary land acquisition, so an RPF will be prepared for that purpose. However, the social assessment will identify potential social risks of project activities, including any potential displacement or resource access restriction impacts that might occur as a result of project supported activities and/or policy. Based on the results of the SA, the team will determine whether OP4.12 applies to other types of situations (excluding conflicts between private parties in land titling projects as per footnote 8 of OP 4.12, which will be addressed in the regularization methodology): (1) in which the land rights or uses are affected, particularly if such rights would revert to the Government, in which case the RPF will be adjusted to cover such situations, or (2) in which restrictions to natural resources access would be imposed, in which case a PF would be developed. Even if OP 4.12 is ultimately not triggered for the land regularization activities, the results of the social assessment will provide the basis to support the preparation of

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Safeguard Policies Main Objective Applicability to Mozlandcomprehensive mitigation or compensation measures that might be needed to address possible impacts from disputes and can be included in the project, as part of the project design, implementation manual and/or as a mitigation action plan, and cross-referenced in the legal agreement.

Safety of Dams (OP 4.37 The objective of this policy is to assure quality and safety in the design and construction of new dams and the rehabilitation of existing dams, and in carrying out activities that may be affected by an existing dam.

NOT APPLICABLE Mozland will not finance construction or rehabilitation of dams.

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4.3. GAP ASSESSMENT OF LEGISLATIVE STRUCTURE AND RECOMMENDATIONS

Legislative gap assessment is required to verify whether the existing legislative structure in place is

adequate for effective environmental management and if these legislative structures support the World

Bank’s safeguard policies.

Based on the comparison table 4.3 on Environmental Assessment process, it is clear that the

Mozambican legislation provides sufficient basis to manage environmental and social aspects of the

proposed activities. It is evident that the relevant institutions are in place to ensure effective

implementation and monitoring of the required environmental measures, in compliance with national

law and World Bank safeguard policies.

.

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Table 4. 3: Comparison between national legislation and WB Safeguard policies triggered by the project

Aspect Mozambican Law World Bank OP4.12 Gap or conflict

Impact Assessment - An EIA is required requirement for infustructure activities

• Require screening of subproject investments in order to determine EIA category to be which level of environmental assessment is needed; • Require detailed ESIA for projects with more significant impacts (Category A), a simplified EIA study for projects with less significant impacts (Category B) and no ESIA studies for projects likely to have minimal or no adverse environmental impacts (Category)• Require stakeholders consultations during planning, implementation and operational phases of the project;

• Require screening of subproject investments in order to determine EIA category to be which level of environmental assessment is needed; • Require detailed ESIA for projects with more significant impacts (Category A), a simplified EIA study for projects with less significant impacts (Category B) and no ESIA studies for projects likely to have minimal or no adverse environmental impacts (Category)Require stakeholders consultations during planning, implementation and operational phases of the project

N No gap or legal conflict that may affect the Mozland project implementation

RAP - Minimization of resettlement

No requirement to consider all options of project design in order to minimize the need for resettlement or displacement

Involuntary resettlement should be avoided where feasible, or minimized, exploring all viable alternative project designs

No gap or legal conflict that may affect the Mozland project implementation

Information and Consultation

PAPs are required to be meaningfully consulted and participate in the resettlement process

PAPs are required to be meaningfully consulted and participate in the resettlement process


Timing of Compensation

Compensation implementation takes precedence before construction or displacement

Compensation implementation takes precedence before construction or displacement


Livelihood restoration

Requires livelihood restoration program for the affected

Requires livelihood restoration program for the affected

No gap or legal conflict that may affect the Mozland project

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implementationGrievance Process Requires that a grievance redress mechanism

be set early constituting the representative of PAPs and, prefers local redress mechanism.

Requires that a grievance redress mechanism be set early constituting the representative of PAPs and, prefers local redress mechanism.


Owners of economic trees and crops

Compensation for the market value of the yield, including the cost of nursery to maturity (for economic tree) and labour

Compensation for the market value of the yield, including the cost of nursery to maturity (for economic tree) and labour


Community land with customary right

Land for land compensation or any other in-kind compensation agreed to with the community

Land for land compensation or any other in-kind compensation agreed to with the community


Statutory and customary right Land Owners

Recommends land-for-land compensation or other form of compensation at full replacement cost.

Recommends land-for-land compensation or other form of compensation at full replacement cost.


Land Tenants Entitled to compensation based upon the amount of rights they hold upon land.

Are entitled to some form of compensation whatever the legal recognition of their occupancy.


Compensation -Replacement housing

The Resettlement Decree defines a ‘resettlement model’ that includes (but is not limited to):

- At least 3 bedrooms and 70 m2 surface area;

- Conventional materials; - Not less than 800 m2 plots in urban areas; 5,000 m2 in rural areas; - Establishment of roads, water supply, sanitation,

electrification; - School, health post, market, shops and

A project will offer physically displaced persons a choice of options for adequate housing with security of tenure so that they can resettle legally without having to face the risk of forced eviction. Adequate housing can be measured by quality, safety, size, number of rooms, affordability, habitability, cultural appropriateness, accessibility, security of tenure and locational characteristics


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other prescribed facilities; and Areas for agriculture, cattle breeding and other activities

Vulnerable people The Resettlement Decree prescribes that ‘vulnerable and dependent groups’ are (among others) to be a focus of socioeconomic studies. Relevant data is to be collected on the most vulnerable groups, elderly, households headed by women, widows and youths. Consultative meetings must include

Where the project involves elements that are likely to generate impacts, the project will identify individuals and groups that may be directly and differentially or disproportionately affected because of their disadvantaged or vulnerable status. In such cases, the project will implement differentiated measures so that adverse impacts do not fall disproportionately on them and they are not disadvantaged in sharing development benefits and opportunities.


The improvement of the displaced persons’ living conditions

The improvement of the displaced persons’ living conditions should be affected by way of allocation of adequate housing with security of tenure at the resettlement sites;

The improvement of the displaced persons’ living conditions should be affected by way of allocation of adequate housing with security of tenure at the resettlement sites


Rights to compensation for losses

both those who have formal legal rights to land or assets that they occupy or use and those who do not have formal legal rights to land or assets, but have a claim to land that is recognized or recognizable under national law, are entitled to be compensated for the loss of those rights

both those who have formal legal rights to land or assets that they occupy or use and those who do not have formal legal rights to land or assets, but have a claim to land that is recognized or recognizable under national law, are entitled to be compensated for the loss of those rights


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CHAPTER V. IDENTIFICATION OF POTENTIAL ENVIRONMENTAL IMPACTS

A systematic method has been established to identify environmental and social risks and is largely

based on traditional risk based approaches. Each potential impact is identified by its root cause (the

project activity or action) that will result in an impact (change in status in the natural and social

environment, be it positive or negative) on a receptor (the natural environment or community that will be

impacted). Based on the above, the potential impacts are defined as either a Positive Benefit or

Negative Impact.

Activities that are most likely to result in environmental and social impacts are those related to the

subcomponent 1.3 – Infrastructure improvement and equipment - from the component 1 and

Subcomponent 2.3 - Community delimitation and regularization of land use rights - from component 2 of the project, as detailed in the next sections of this chapter.

5.1. POTENTIAL POSITIVE IMPACTS

Mozland project will bring numerous positive social impacts to communities, families and citizens who in

a regime of good faith or by customary norms and practices are occupying the land. Community

delimitation and land use rights regularization will benefit to the land holder for having land security,

hence opening opportunities for investment, increased resources protection on regularized land, reduce

areas of osseous land and conservation of community land, encourage long-term land management

and land use intensification, improved biodiversity conservation. Land regularization will also reduce

land related conflicts, will improve planning new developments by the government, and will increase tax

revenue from land holders. Investors are given timely information that is essential for decision-making

regarding potential investments they wish to make in Mozambique.

Beside the above mentioned positive impacts, Infrastructure and equipment improvements will benefit

staff, due to improvement in their working conditions, reduce time for DUAT processing, online access

to information and access to reliable data for key decisions on land administration.

5.2. POTENTIAL NEGATIVE IMPACTS

If adequately managed the proposed interventions are not likely to result in significant adverse

environmental or social impacts. However, if not carefully designed and implemented, the subprojects,

can result in negative environmental and social impacts, particularly those which entail investments in

infrastructure development and construction (e.g. provincial offices and district regional offices,

modernization of national geodetic network,) and community land delimitation and regularization.

Environmental aspects or issues related to infrastructure development and Land regularization projects

components include the following:

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- Physical environment

Mainly affected by physical infrastructure construction. The risks are related to soil erosion that may

arise from poor construction management practices, poor waste management practices; water

management issues related to water use and effluent management; air quality particularly on dust

emissions in construction sites and on transportation, beside emissions as a result of fossil fuel burning.

Land regularization may result in intensive soil utilization as no alternative land may be available as a

result of massive regularization.

- Biotic environment

Both infrastructure development and land regularization may induce biodiversity and ecosystems

fragmentation and depletion – especially if the location of infrastructure is not correctly selected and if

land regularization process doesn´t take into account conservation areas partial protection areas

established in Land Law Regulation. Land Regularization will open opportunity for projects development

that can quickly exhaust the existing resources in demarcated areas and resort to protected areas. On

the other hand deforestation activities could occur before land regularization process as some people

may seek to stock those resources before formal titles are issued or could lead to greater deforestation

from increased economic activity.

- Socio-economic environment

Land regularization, although very beneficial, some unintentional risks such as encouraging the sale of

newly titled lands and induce occupation of new areas could arise as an opportunistic phenomenon.

The simple fact of the beneficiaries having a title may be seen as business opportunity and more land

may be grabbed for that purpose before and during the project. Conflicts between couples may rise in a

sense that whose name should be in the land title, considering that some parts of the country a

matrilineal (north) and others are patrilineal (centre and south). The project should take into

consideration gender issues in order to exacerbate gender imbalance issues when issuing titles.

To mitigate environmental and social issues related to land regularization process, it is important that

this process takes into account the existing land law and regulation requirements (Land Law Regulation

– Decree n.º 66/98,of 8th December; Amendment to the Land Law Regulation (articles 20 and 39)

especially as far as partial protection zones is concerned for conservation areas, public infrastructure,

restrictions, etc. Annex IX provides areas of total and partial protection to be considered during land

regularization process.

Other risks associated with the execution of the project are occupational health and safety risks, people

influx in project areas, public health, sexual harassment, land use change. The Table 5.1 Identifies

activities, environmental aspects and impacts that may arise from Mozland implementation and

possible mitigation measures. ESMF 47


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Table 5. 1: Potential environmental and social impacts and proposed mitigation measures

Environmental Aspect/Issue

Causes/Activities Potential Impacts/risk Generic Mitigation Measures

Terrestrial wildlife habitat

-Infrastructure development: has the potential to have a direct and indirect impact on terrestrial biodiversity and ecosystems

-Direct impacts will be Fragmentation of wildlife natural habitats and loss of native vegetation species, introduction of invasive species. -Indirect impacts relate to in-migration, and induced changes to access for traditional land uses (including hunting, fishing, and recreation).

-No Major habitat alterations are expected since this project will finance improvements of existing infrastructures or construction of infrastructures in urbanized areas. Since the exact location of infrastructure is not known it is worth to highlight potential risks and propose generic controlling measures

Recommended measures to prevent and control impacts to terrestrial habitats during construction:-Early screening can improve macro-level project site selection so as to avoid selecting areas with high biodiversity values, such as critical or natural habitat, areas with high conservation values (HCV), those modified habitats that contain significant biodiversity value or provisioning or regulating ecosystem services.-Screening should be conducted in sites of local, regional, and international importance, which may include: nationally and internationally protected areas, Important Bird Areas (IBA), Key Biodiversity Areas (KBAs), Alliance for Zero Extinction (AZE) areas, Ramsar Sites (Wetlands of International Importance), along with known congregatory sites and unique or threatened ecosystems.-Appropriate site selection for infrastructure development, including expansion planning, - The physical demarcation of the areas located close to protected areas will be coordinated with the cadastral surveying to ensure that no land regularization activities take place within these areas under the Project- The methodology for regularization of land use rights includes training and awareness of legal aspects and management of natural resources.

Water Quality and Aquatic Fauna

- Domestic effluent discharge;- Waste management;- Incorrect management of hazardous substances, including oil, paint contaminated waste;- Suspended dust sediments in surface water

- Surface and groundwater pollution - Water course siltation due to loosen sediments in construction areas-affected aquatic fauna-public health issues and widespread of diseases such as diarrhea

• Establish and respect setbacks and buffer zones in riparian areas.• Knowledge of the local climate conditions and rain forecast for the year to avoid construction site preparations during rainy season. • Correct management of Hazardous substances and follow of IFC’s General EHS Guidelines. • Use septic systems for domestic effluent;• Rehabilitation of disturbed areas after construction completion.

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Air Quality and - Dust emissions from construction site and vehicles in public roads. - Emissions from equipment for burning fossil fuel (CO2, SO2, NOx, and PM)-Emissions from diesel power generators

• Air quality degradation,• Airborne diseases

• Ensure maintenance of equipment used in this project is conducted as per manufacturer’s recommendations • Sensitive receptors to meet air and noise emissions levels provided in IFC’s General EHS Guidelines.• Air-quality issues, including management of mechanized construction equipment, should be managed according to recommendations in the General EHS Guidelines for mobile and stationary sources.• Drivers should be instructed on the benefits of driving practices that reduce both the risk of accidents and fuel consumption, including measured acceleration and driving within safe speed limits;• Speed limitation in sensitive areas

Noise and vibration

Noise emissions from construction equipment

• Noise emissions• Complaints from the public

• Selecting equipment with lower sound power levels · Installing silencers for fans,• Installing suitable mufflers on engine exhausts and compressor components,• Improving the acoustic performance of constructed buildings, apply sound insulation• Limiting the hours of operation for specific pieces of equipment or operations, especially mobile sources operating through community areas;• Re-locating noise sources to less sensitive areas to take advantage of distance and shielding • Siting permanent facilities away from community areas if possible;• Reducing project traffic routing through community areas wherever possible • Speed limits in sensitive areas

Soil degradation - use of inappropriate machinery or earthworks for construction site preparation;- Poor soil cover/Excessive exposure to wind and rain

• Physical and chemical Soil degradation of soil • Soil Erosion• Water course siltation

• Minimize soil compaction, damage, or disturbance by using appropriate land preparation machinery at the right time of year• Plan soil preparation when weather conditions pose the lowest risk of causing environmental damage.• Consider erosion management practices (e.g., contour and

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resulting soil erosion, - Incorrect waste management, especially hazardous waste such as used oil and oil contaminated waste.

strip planting, terracing, discontinuous trenching, and grass barriers) in sloping areas. • Plan and control the flow of water from the construction area

Waste management

- Poor hazardous waste management (construction waste, and packaging, cleaning material, used paint )

• adverse health, safety and environmental impacts (soil and water pollution)

• Do not burn packaging, plastics, or other solid waste. • Dispose waste in designated waste disposal facilities or by recycling. • Manage solid waste in accordance with the General EHS Guidelines or applicable local legislation• Consider large container and/or bulk systems for fuels, oils, paint and other chemicals to reduce the volume of waste containers.• Examine alternative product formulations and packaging (e.g., biodegradable material).

Energy Energy use in infrastructure construction

- Energy resources depletion (Excessive energy consumption)

• Select energy-efficient machinery and equipment (e.g., tractors, ventilation systems, storage systems, cooling devices). • Train operators to be aware of energy-efficient practices when using machinery (e.g., switching off engines when waiting to load) and when driving.

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Land acquisition and modification of land use

- Land modification for infrastructure - Land demarcation and regularization

• Loss of shelter;• loss of assets or access to assets; or• loss of income sources or means of livelihood, • The involuntary restriction of access to legally designated parks and protected areas resulting in adverse impacts.

• Provide fund to infrastructure projects with secure land and make sure there are no land use conflicts; • In case relocation or compensation is totally necessary to make sure RAP is developed, approved and implemented as per WB policies and national legislation.• FNDS developed the conflicts management protocol that should be used in the land regularization / demarcation process and will be considered in Mozland.

Cultural and archaeological findings

During construction works, archaeological findings may be encountered and potentially damaged or broken. Culturally sensitive areas (i.e., where cultural practices occur) may become affected both by construction and operation works, by modifying the religious or cultural value of a certain area.

• Lost or damage of cultural or archaeological sites/heritage which is likely to create conflicts with local communities

• Finance to projects on sites with high probability of existing critical archaeological findings should be avoided; • Assess the potential for existence of physical cultural resources during site subprojects screening; • If physical cultural resources may be lost, implement full site protection; • Make provisions for managing chance finds, salvage, and documentation; • In other sensitive sites, have experts supervise construction works and stop work for removal in case findings are encountered; • Train personnel to recognize findings and notify supervisor; • Control access to site where finding occurred.

Occupational Health and Safety

- Physical and chemical hazards;- Operational and workplace hazards;- Machinery and vehicles- Confined and restricted space entry

• Exposure to organic

• Property loss, • Injury• Death• Occupational diseases

• Wear appropriate protective clothing, such as a long-sleeved shirt, long pants, hat, gloves, and boots.• -Remove or reduce tall grasses, debris, and rubble from around the outdoor work areas. • Control water accumulation. • Use insect repellent. • On-site first-aid equipment (including, for example, antivenomous serum) and trained personnel should be

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dust • Risk of fire and explosion • Biological hazards

available, as well as procedures for emergency evacuation.• Install fencing and other exclusion methods for larger animals • Train personnel on hazardous product management, handling, storage and application.

Public Health and Safety

• Contaminated water and soil will end up in people’s health through water or fish consumption

• Public health issues such as airborne diseases, water borne diseases

-proper waste and effluent management

Child Labour Poverty Cheap labour Kids without occupation

and hunger for huge profit for contractors

Poverty exacerbation and growing number of uneducated children

Increased number of cases of occupational diseases and reduced number of life expectancy

comply with National labour legislation that establishes a minimum working age;

Comply ILO Conventions and the UN Convention on the Rights of the Child (1989),

Poverty alleviation; educating children; providing support services for working children; raising public awareness; and promoting elimination of abusive child labour through national and international measures

Gender unbalance

Cultural reasons; Lack of access to

information; Prioritization of one

gender in land regularization process and in job opportunities;

Productivity risk of employing female gender;

Exacerbate gender unbalance; Female’s high levels of

unemployment and low payment Female´s neglected during land

regularization

promote equal job and land regularization opportunities for both genders;

equal salary and benefits for similar job and position equal opportunity in finance access for projects development

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Cultural conflicts, sexual harassment, sexual disease transmission

Contractor’s workers living in camps close to communities for long periods,

General influx to the project areas

Sexual disease transmission (high rate)

Degradation of local moral values

Prioritize local people for job Induction of construction employees about local cultural habits,

moral values and sexual transmissible diseases; sexual harassment;

Clear disciplinary measures for sexual harassment situations

High influx of people in project areas

Job opportunities; Business opportunities Land regularization

Overloaded capacity of existing public infrastructure;

High criminal records Worse water supply and

sanitation conditions

Correct dissemination of information about job and business opportunities;

Prioritize locals in the existing job opportunities; Continuous interaction between the project and locals to ensure

expectations are correctly managed.Partial and Total protection areas including conservation areas

Land regularization and Land demarcation process

Invasion of partial and total protection areas, issuing DUATs in these areas that could result in land use conflict

Respect buffer zones to conservation areas, water bodies and public infrastructures established in Land Regulation

Use images with high resolution during demarcation process; and equipment (GPS) with pre-marked protection areas to minimize margin for errors.

Take coordinates of the areas to be demarcated and plot them in as map with clear boundaries of conservation areas, partial and total protection areas, prior to demarcation process to ensure conservation areas are not encroached or no Land rights are issued in those areas;

Involve conservation areas authorities whenever land regularization process is going to take place in districts partially covered by conservation areas.

Map conservation areas and include coordinates in GPSs being used in the field to trigger alarm when the demarcation is approaching to conservation areas.

Additional social risks on MozLand project implementation have been identified under the social impact assessment and should be mitigated through land use rights regularization methodology and communication strategy that should consider different target groups at, district and community level.

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5.3. CUMULATIVE IMPACTS

The sum of impacts from implementation of many subprojects in an area may result in biophysics and

social cumulative impacts, regardless of their size. Cumulative impacts are those that may result from

individual small‐scale activities with minimal impacts but which overtime can combine to have a

significant impact. Mozland will promote activities that will have a series of positive cumulative impacts

including good land management, improved land use planning, ameliorated community natural

resources management and conservation, boost socio-economic development, minimize land conflicts

and land security. However, if not well managed the project could result in significant negative

cumulative impacts such as: increased depletion of natural resources, productive land unavailability for

future projects, land acquisition/occupation rush, intra-familiar social conflicts due to fight for possession

of land title, uncontrolled rural land transmission/negotiations resulting in landless families, hence

exacerbating poverty status among rural people. The screening process should identify as far as

possible potential cumulative impacts of activities related to the proposed subprojects, including taking

into account other projects already under implementation such as MozBIO, MozFIP, SUSTENTA,

ZILMP, MozDGM.

Communication campaigns in the project target areas are fundamental to ensure the desired outcome

of the project and enhancement of the benefits.

5.3 CONTINGENT EMERGENCY RESPONSE COMPONENT (CERC)

The CERC is designed to provide swift response in the event of an Eligible Crisis or Emergency through

a portion of the undisbursed project funds to address immediate post-crisis and emergency financing

needs. The CERC may be used following natural disasters or other crises and emergencies, allowing

funds to be reallocated from other components of the project. In the event of an emergency event, it is

not anticipated that a reallocation of project funds will cause serious disruption to project

implementation. The FNDS will be the implementing agency for the CERC. Activities under Component

4 will be governed by the World Bank Directive Contingent Emergency Response Components (CERC)

(October, 2017). Disbursement of emergency financing under the CERC will be contingent upon: a) the

recipient establishing a nexus between the disaster event and the need to access funds to support

recovery and reconstruction activities (an “eligible event”); and b) submission to and no objection

granted by the World Bank of an Emergency Action Plan (EAP). The EAP will include a list of activities,

procurement methodology and safeguards procedures.

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The EAP will require consideration of safeguard implications for any proposed emergency supplies

procurement or reconstruction activities. The World Bank, through the no objection process, will closely

examine the nature of the proposed activities, particularly those involving civil works, to ensure (i) that

they are not prohibited under the negative list and (ii) that the recipient is aware of the required

safeguard compliance documentation before initiating the process by which the proposed works will be

prepared and implemented.

Emergency activities financed under the CERC will involve financing provision of critical goods or

emergency recovery and reconstruction works and it is likely these will fall into Category B or C.

Activities that fall under Category C could involve procurement of emergency supplies such as medicine

and water and do not require the application of safeguard instruments, post-screening or assessment.

Other emergency supplies, such as fuel products, will require safeguard instruments (such as

Environmental Codes of Practice or EMPs) to ensure procurement, storage and dispensing procedures

are adequate.

Preparation of the EAP will take into account to this ESMF and safeguard instruments will require World

Bank approval prior to commencement of activities. Importantly, the EAP will need to include

procedures for:

Consultation and disclosure;

Integration of mitigation measures and performance standards into contracts; and

Supervision/monitoring and reporting measures to ensure compliance.

In order to ensure that CERC subproject activities comply with the requirements of the Bank’s

Safeguard Policies, a positive and negative list has been developed to provide guidance on critical

imports and/or for emergency works, goods or services which may be eligible for financing. Further

guidance will be detailed in the Finance Agreement (FA) and CERC Operations Manual (OM).

5.3.1 CERC Positive List

The purpose of the positive list is to indicate the types of critical imports and emergency works following

a loss and needs assessment that would be acceptable to the Bank to be financed under Component 4

(CERC). Project funds allocated to the CERC Disbursement Category may be used to finance any

expenditure of the Recipient that is consistent with the FA provisions. The following subproject or

activities will be deemed eligible under the CERC:

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Critical Imports: Eligible expenditures on critical imports required by the public/private sectors

(imported or locally manufactured) under the CERC include:

Construction materials, equipment and industrial machinery

Water, air, land transport equipment, including spare parts

Purchase of petroleum and other fuel products;

Any other item agreed to between the World Bank and the Recipient (as documented in an

Aide-mémoire or other appropriate Project document)

Emergency Sub-projects: Eligible expenditures for emergency sub-projects initiated following the

Declaration of a National Emergency/Disaster in response to damage, losses and needs caused by an

event are as follows:

Repair of reconstruct streets, roads, bridges, transportation and other infrastructure damaged

by the event that may affect the project continuation;

Re-establish telecommunications infrastructure damaged by the event;

Re-establish drainage systems damaged by the event;

Remove and dispose of debris associated with any eligible activity;

5.3.2 CERC Negative List

Sub-projects with the following potential impacts will not be eligible for financing under the CERC

component or the parent project:

involve the significant conversion, clearance or degradation of critical natural habitats, forests,

environmentally sensitive areas, significant biodiversity and/or protected conservation zones;

will cause, or have the potential to result in, permanent and/or significantly damage to

nonreplicable cultural property, irreplaceable cultural relics, historical buildings and/or

archaeological sites;

will negatively affect rare or endangered species;

will result in large-scale involuntary land acquisition or significant physical displacement of

affected communities, or relocation of Indigenous Peoples that would restrict or cease their

access to traditional lands or resources;

do not meet minimum design standards with poor design or construction quality, particularly if

located in vulnerable areas;

Require or involve:

o o purchase, application or storage of pesticides or hazardous materials (e.g. asbestos);

ESMF 57


o building a dam, structures that will alter coastal process or disrupt breeding sites such

as retaining walls or seawalls;

o sand mining or land reclamation;

o land that has disputed ownership, tenure or user rights; or

o a higher proportion of funding than is available.

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CHAPTER VI. SUB-PROJECTS SCREENING, REVIEW AND APPROVAL

This section outlines the screening, review, and approval process for activities to be financed under the

Mozland. As the locations for the subprojects are not clearly identified at this stage, it is important to

have the appropriate tools in place to assist the project implementing agency in screening these

activities for potential impacts and to provide guidelines for implementing measures to effectively

address them. The proposed screening, review, appraisal, implementation and monitoring and

evaluation process is illustrated in Table 6.1.

Table 6. 1: Steps and responsibilities (in accordance with the institutional arrangement for the implementation of ESMF)


1.Subproject Screening

Identification of the subproject's location

FNDS DINAT DINOTER DPTADER

Screening of the subproject using the form and determination of the documents to be prepared (EIA, EMP, RAP, or other)

Environmental and Social Safeguards Specialists - PIU

FNDS safeguard; Local Authority PIU DPTADER

2. Appraisal and categorization.

Approval of the categorization by the Environmental Agency and the World Bank

FNDS safeguard coordinator -

No objection from WB and DPTADER

3.Elaboration of the specific safeguards instrument of the subproject

Preparation, approval and publication of Terms of Reference (ToR)

FNDS

WB, DPTADER, local authorities

Conduct of the study, including public consultation

Procurement Specialist (PE); DPTADER, Local authorities;

Consultant

Review and validation of the document and obtaining the environmental license

PE, Local Authority Consultant

Publication of the document

Project's coordinator, DEPTADER, WB

Media World Bank

4. Integration of safeguard documents into contract agreement

(i) Integration in the bidding documents (BD) of the subproject of all measures of the contractual work phase with the company; (ii) approval of the contractor’s ESMPs

FNDS –safeguard team

Procurement, WB

Contractor

Training of actors in the implementation of

FNDS- Safeguard team

WB

Consultants Competent

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ESMP Public institutions

5.Project Execution

Execution / implementation of non-contractual measures with the construction company

Service Providers for Land services and Contractors ;

FNDS safeguard team

Consultants NGOs Others

6. Environmental and social monitoring

Internal monitoring of the implementation of environmental and social measures

FNDS Specialist in Monitoring and Evaluation (M&E)

Financial manager Local Authority

Contractor

Disclosure of internal monitoring report

Project's coordinator

E&SS / EIP Communication

External monitoring of the implementation of A & S measures

FNDS Project's coordinator, DEPTADER, WB

Independent / External Consultant

Environmental and social monitoring

FNDS NGOs Local authorities

Laboratories / Specialized Centers

NGOs Audit of the implementation of ESMPs

FNDS/WB WB, DPTADER, Local Authority

External auditors

6.1. SCREENING AND REVIEW PROCESS

a) Screening of sub-project activities

FNDS has developed and tested screening tools that were found to be acceptable by the Bank. Such

tools will be used and adapted for the context of this project. Once a sub-project activity is defined and

the location selected, a screening form will need to be filled out by the project´s safeguard team

member. The form will allow for identification of the potential environmental and social impacts

associated with the proposed activity.

The Screening Checklist will provide information about the proposed subproject activities (type and

scale), the environmental and social conditions of the proposed subproject area and any concerns /

expectations. This information will assist in the identification of the nature and magnitude of the

potential environmental and social impacts and risks, which in turn will be the basis for the subproject

categorization by the FNDS Safeguard Team.

The FNDS central Safeguards specialist will revise the Screening Checklist for project categorization.

As per WB OP4.01 and the foreseen categorization based on the EIA regulation. The final screening

form will be submitted to the WB for review and approval. Each subproject to be submitted for financing

will have to be screened using the screening form provided in Annex II.

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b) Scoping and field Appraisal

Based on the information provided in the screening form, the reviewer (i.e., the FNDS safeguard

specialist and relevant environmental authority) will make a decision as to whether the sub-project will

require a more detailed investigation of the impacts through a field appraisal. Data gathering will be

achieved through observation and use of professional expertise; in some cases, interviews with local

people could provide information regarding human use values and/or environmental significance.

As part of the field appraisal, the Proponent shall identify the major stakeholders/community groups

within the affected area that are likely to be affected. A list of potentially affected groups will be compiled

and appended to the appraisal report.

c) Assessment and subproject categorization

Based on the screening form and field appraisal (when required), the impacts will be classified based on

their risk category and a decision is made as to whether the sub-project will:

i. Require an independent simplified EIA Study, since the impacts qualify as being significant

but manageable, and may result in land acquisition and/or involuntary resettlement;

ii. Require only an EMP, since the impacts are not significant and can be easily addressed

through the implementation of a mitigation and management plan during construction and

operation of the sub-project; or

iii. Not require any safeguard measures, as the impacts are considered minimal and can be

managed through the existing ESMF.

For sub-projects considered to be of a high risk or Category A as per World Bank Operational Policy on

Environmental Assessment (OP 4.01), the Mozland safeguard team will reassess the location and

design of the sub-project to identify alternatives that might minimize or avoid these potential

environmental and social impacts. If an alternative is not feasible, then the subproject activity will not be

implemented under this project.

6.2. APPRAISAL, ENVIRONMENTAL MANAGEMENT TOOLS AND MONITORING PROCESS

6.2.1 Appraisal and environmental and EIAs requirements

After analyzing the data contained in the environmental and social screening form and after having

assigned an environmental category and level of assessment needed, the Mozland Implementation Unit

will make a recommendation to the Environmental Authority establishing whether:

(a) No environmental assessment will be required, this ESMF is sufficient; ESMF 61


In this case Good Practices guide shall be adapted by FNDS for these subprojects. This document shall

contain a compilation of basic environmental and social mitigation measures to be implemented during

construction and operation of a subproject classified as Category C.

The ESMP Good Practices Guide prepared by FNDS shall be included in Bidding Documents and be

attached to the Contract, as well as the Contractor’s Code of Conduct.

(b) The implementation of mitigation measures through an ESMP (and associated management

plans, i.e. Resettlement Action Plan) will be enough;

This is in cases where MITADER classifies a subproject as Category C, while the WB categorizes it as

B. FNDS will be responsible to prepare the ESMP based on ToR guidelines presented in in Annex IV

and ESMP content in Annex V.

The ESMP shall provide information related to the project as well as the site’s environmental and social

conditions, practical mitigation measures to manage impacts identified in the Screening Checklist,

clearly identifying the responsibilities for its implementation. The preparation may involve participation of

the key stakeholders of the proposed subproject, including local authorities and interested and affected

communities.

The ESMP will be attached to the bidding documents.

(c) A separate Simplified Environmental Study - SES is required.

For activities classified as Category B by the DPTADER, the FNDS Safeguard Team shall prepare

Terms of Reference for the appointment of an independent consultant to carry out the Simplified

Environmental Study (SES), which shall include ESMP. In Mozambique, only consultants licensed by

the Environmental Assessment Authority (MITADER) may carry out environmental assessment studies

(Art. 23 –decree 54/2015).

The TORs shall take into consideration potential impacts and risks identified in the Screening Checklist

as well as in chapter 5 of the present ESMF. The structure and content of the SES shall be as per the

requirements detailed in the EIA Regulation (Decree. Nº54/2015). The Public Participation Process

shall follow the General Directive of the Public Participation Process (Ministerial Diploma nº.130/2006).

In addition to the EIAR’s requirements for the ESMP (part of the Simplified ESIA), the WB’s

requirements for the ESMP shall also be fulfilled.

The TORs for the Simplified ESIA shall be submitted to the World Bank’s Environmental and Social

Safeguard specialist for review and issue of a no-objection response. The FNDS Safeguard Team will review the Simplified ESIA and submit it to the WB for no-objection,

prior to submission to the DPTADER. The FNDS shall subsequently adapt this ESMP to meet WB

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requirements. The Contractor shall demonstrate compliance with the ESMP, which will be included in

the bidding documents and in the contract.

The project will only start after the environmental licensing fee has been paid and environmental license

issued.

(a) Criteria for Approval

For those EIAs and that meet the country’s EIA requirements and World Bank OP 4.01, an

environmental license can be granted. For those EIAs that do not meet the country’s EIA requirements

and World Bank OP 4.01, an environmental permit will be rejected, or asked to reformulate the

subproject and EIA for re-submission based on recommendations of the rejected EIA review report.

As emphasized in the World Bank’s guidelines, a sub-project should not be approved and funded until

such reports are received, approved, and disclosed.

(b) Disclosure of Sub-project Information

In compliance with World Bank guidelines and EIA regulation in Mozambique, before a sub-project is

approved, the applicable documents (EIA, EMP, and/or RAP) must be made available for public

consultation at a place accessible to local people (e.g., at a Municipal office, District Administration

office, Administrative post, DPTADR) in a form, manner, and language they can understand.

6.2.2. Environmental and Social Bidding and Contract Requirements

The Environmental and Social Management Instruments described above will provide the basis for the

preparation of the Environmental, Social, Health and Safety (ESHS) Requirements to be included in

Bidding Documents for Works, as per the WB´s Standard Procurement Document, based on WB’s

Environmental, Health and Safety Guidelines EHS Guidelines that all subproject should consider

https://www.ifc.org/wps/wcm/connect/topics_ext_content/ifc_external_corporate_site/sustainability-at-

ifc/policies-standards/ehs-guidelines.

The ESMP or Good Practices Guide will be attached to the Bidding Documents, as well as a template

with the Health and Safety clauses that are required to be included in the bidder’s Code of Conduct.

The Terms of Reference for Works shall specify the need to address the ESHS measures contained in

those documents.

A Contractor’s ESHS Code of Conduct shall be applied to all contractors and subcontractors’ workers

and it will be the responsibility of the contractor to prepare his Code of Conduct and submit to FNDS for

approval.

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https://www.ifc.org/wps/wcm/connect/topics_ext_content/ifc_external_corporate_site/sustainability-at-ifc/policies-standards/ehs-guidelines

https://www.ifc.org/wps/wcm/connect/topics_ext_content/ifc_external_corporate_site/sustainability-at-ifc/policies-standards/ehs-guidelines


During the bidding process, the bidder will be requested to prepare an ESHS Management Plan to

demonstrate his capacity for implementation of the ESMP or Good Practice Guide - and to submit an

EHS Code of Conduct. The following documents shall be attached to the contract:

(i) ESMP or the ESM Good Practice Guide - The Bidder shall submit its Code of Conduct that will apply

to Contractor’s Personnel, to ensure compliance with its Environmental, Social, Health and Safety

(ESHS) obligations under the contract and to manage risks associated with: labour influx, spread of

communicable diseases, sexual harassment, gender-based violence, sexual engagement with minors,

illicit behavior and crime and maintaining a safe environment, amongst others identified by the

contractor. The Bidder shall detail how this Code of Conduct will be implemented including how it will

be introduced into conditions of employment/engagement, what training will be provided, how it will be

monitored and how the Contractor proposes to address any breaches.

(ii) Approved Contractor’s ESHS Management Plan - The Bidder shall submit ESHS Management and

Implementation Plans to manage the key Environmental, Social, Health and Safety (ESHS) risks

including a Traffic Management Plan to ensure safety of local communities from construction traffic; a

Water Resource Protection Plan to prevent contamination of drinking water; a Bio-diversity Protection

and a Strategy for obtaining Consents/Permits prior to the start of relevant works such as opening a

quarry or borrow pit. The Contractor shall be required to submit for approval, and subsequently

implement, the Contractor’s Environment and Social Management Plan (C-ESMP).

(iii) Approved Contractor’s ESHS Code of Conduct - The Bidder shall submit its Code of Conduct that

will apply to Contractor’s Personnel, to ensure compliance with its Environmental, Social, Health and

Safety (ESHS) obligations under the contract and to manage risks associated with: labour influx, spread

of communicable diseases, sexual harassment, gender-based violence, sexual engagement with

minors, illicit behavior and crime and maintaining a safe environment, amongst others identified by the

contractor. The Bidder shall detail how this Code of Conduct will be implemented including how it will be

introduced into conditions of employment/engagement, what training will be provided, how it will be

monitored and how the Contractor proposes to address any breaches. Annex VIII provides a set of

recommended contract clauses to include in contractor agreements.

6.2.3 Monitoring and Reporting of Subprojects Management Plans Implementation

(a) Monitoring objectives

Supervision of the ESMP, along with other aspects of the project, will include monitoring, evaluative

review and reporting in order to achieve, among others, the following objectives:

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determine whether the project is being carried out in conformity with environmental and social

safeguards and legal agreements;

identify issues as they arise during implementation and recommend means to resolve them;

recommend changes in project concept/design, as appropriate, as the project evolves or

circumstances change; and

Identify the key risks to project sustainability and recommend appropriate risk management

strategies to the Proponent.

An example of ESMP Monitoring plan is presented in annex VI.

(b) Monitoring schedule and responsibilities

An appropriate environmental supervision plan will be developed aiming to ensure the successful

implementation of the ESMP. Project monitoring will follow the following schedule and roles and

responsibilities:

Monthly or as required - The Project Implementation Unit – FNDS at provincial levels, in

collaboration with relevant authorities will be responsible for regularly visiting the subprojects’

sites to monitor for compliance of mitigation measures set out in the ESMF and associated

management plans. Compliance monitoring comprises on-site inspection of construction

activities to verify that measures identified in the ESMPs and included in the clauses for

contractors are being implemented. This type of monitoring is similar to the normal technical

supervision tasks ensuring that the Contractor is achieving the required standards and quality of

work.

Quarterly - FNDS central safeguard team will monitor the implementation of the environment

mitigation measures identified during the project approval to determine compliance status. A

monitoring report should be issued after the site visit and the contractor informed about any

deviation identified. The quarterly audit report should be submitted to the World Bank.

Annually - the Project Implementation Unit will develop a global assessment of subproject

performance in social, environmental and natural resource management as part of the Project’s

overall monitoring program. A socio-environmental audit will also be carried out during the mid-

term mission of the project. This will be external via external consulting.

(c) Monitoring of Environmental and Social indicators

The Project safeguard coordination should consider the environmental and social criteria that require

measurement. A list of initial proposals is given below. Using this list of criteria, a set of indicators can

ESMF 65


be integrated from the screening forms used in the subproject approval process; this will ensure

flexibility at the project design stage, integration of monitoring considerations throughout the project

cycle, as well as a participatory approach to environmental and social monitoring.

The key issues to be considered in the subprojects monitoring include monitoring of water quality

parameters, biodiversity, disturbed areas, health, and population influx, and environmental awareness

among contractor´s employees, safety incidents, community complaints, etc. Monitoring and

surveillance of micro‐projects will take place on a ʺspot checkʺ basis. The spot checks consist of

confirming the establishment of mitigation measures. It is suggested not to collect large amounts of

data, but rather to base monitoring on observations by project technicians and stakeholders to

determine the trends in indicators.

(d) Monitoring of participation process

The following are indicators for monitoring of the participation process involved in the project activities.

Number and percentage of affected households consulted during the planning stage:

Level of participation of affected people in decision‐making;

Level of understanding of project impacts and mitigation;

Effectiveness of local authorities to make decisions;

Frequency and quality of public meetings;

Degree of involvement of women or disadvantaged groups in discussions

Number of grievances raised and addressed by the project

(e) Annual Monitoring Reports

Once implementation of the sub-project has started, regular supervisory missions should be carried out

(by the Environmental Specialist or contracted out to a Consultant) in sequences and frequencies

stipulated in the Project Implementation Schedule, and an annual monitoring report shall be submitted

to executing agencies (FNDS)

The purpose of these reports is to provide:

A record of Project and sub-project transactions;

A record of experience and issues running from year to year throughout the Project that can be

used to identify difficulties and improve performance; and

Practical information for undertaking an annual review.

Annex VI provides a recommended content for the Annual Report.

(f) Midterm reviews

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An independently commissioned environmental and social audit will be carried out in midterm. The audit

team will report to Project Coordination and the WB, who will lead the implementation of any corrective

measures that are required. This audit will ensure:

The ESMF process is being implemented appropriately,

Mitigation measures are being identified and implemented.

The audit will be able to identify any amendments the ESMF approach that are required to improve its

effectiveness. It will also provide a strong incentive for the Mozland project to ensure that the ESMF will

be implemented, and the individual ESMPs will be developed and implemented.

An annual audit report will include:

a summary of the environmental performance based on EIAs, if required, and ESMF;

A presentation of compliance and progress in the implementation of the subproject ESMPs;

Number of staff/officers trained in implementation of the ESMF;

Number of relevant Municipal and/or Province Offices’ staff attending training courses and

workshops in ESMPs and EIA;

Number of written warnings of violation of ESIAs/ESMPs issued to project proponents;

A synopsis of the environmental monitoring results from individual subproject monitoring

measures (as set out in the subproject EIA/ESMPs).

6.4. GRIEVANCE REDRESS MECHANISM

Grievance redress mechanisms are a way to provide an effective avenue for expressing concerns and

achieving remedies for communities, promote a mutually constructive relationship and enhance the

achievement of project development objectives. Mozland subprojects are likely to raise community

conflicts that may require to be addressed.

Grievance redress mechanisms serve as a way to prevent and address community concerns, reduce

risk, and assist larger processes that create positive social change.

Open dialogue and collaborative grievance resolution simply represent good business practice—both

in managing for social and environmental risk and in furthering project and community development

objectives.

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6.4.1 Situating a Grievance redressing mechanisms

People adversely affected (or about to be affected) by a development project will raise their grievances

and dissatisfactions about actual or perceived impacts in order to find a satisfactory solution. These

grievances, influenced by their physical, situational (e.g., employment), and/or social losses, can

surface at different stages of the project cycle. Some grievances may arise during the project design

and planning stage, while others may come up during project implementation. Not only should affected

persons (APs) be able to raise their grievances and be given an adequate hearing, but also

satisfactory solutions should be found that mutually benefit both the APs and the project. It is equally

important that APs have access to legitimate, reliable, transparent, and efficient institutional

mechanisms that are responsive to their complaints.

6.4.2 Established procedures and time frame for Grievance Redress Mechanisms

There is no ideal model or one‐size‐fits‐all approach to grievance resolution. The best solutions to

conflicts are generally achieved through localized mechanisms that take account of the specific issues,

cultural context, local customs, and project conditions and scale.

In its simplest form, a grievance mechanism can be broken down into the following primary

components:

Receive and register a complaint using the form in annex X. Screen and validate the complaint.

Formulate a response.

Select a resolution approach, based on consultation with affected person/group.

Implement the approach.

Settle the issues.

Track and evaluate results.

Learn from the experience and communicate back to all parties involved.

The figure below provides how a grievance should escalate if not addressed at community level. This

is how FNDS is addressing grievances for the existing projects, and so will be for Mozland.

ESMF 68


Figure 6. 1: Grievance redressing procedure

The grievance should be addressed at community level, as first line of intervention within 15 days

after grievance has been raised. If the grievance is not immediately addressed at community level,

the following steps should be followed:

(i) FNDS Social Safeguards Specialists assistance may be sought as a second level recourse.

Finally. The complaint should be settled within 20 working days.

(ii) Should a case not be resolvable internally, it may be referred by FNDS to an independent

mediator for resolution. The complaint should be settled within 20 working days.

(iii) Should affected persons not be satisfied by the informal process used, or if the nature of the

complaint requires higher level appeal, national legislation provides for making complaints in

various sectors at the highest levels of Government such as National Directors and Ministers.

(iv) In addition, should either party be dissatisfied, the affected party may bring the complaint to

court, where it will be treated in accordance with Mozambican law.

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FNDS, will ensure that a centralized "Complaints Register" is maintained through the existing

platform. The complaint records should contain: i) the complainant's contact details and information

on the complaint itself, ii) the results of investigations and responses provided, , iii) necessary follow-

up actions and v) internal communications made in response to complaints and the outcome.

6.4.3 Channels to Be Used by Aggrieved Communities

The main channels that can be followed by aggrieved community members who wish to register a

claim, complaint, dispute or other grievances are the following;

Direct verbal complaint to the project developer;

Complaint book: which may be maintained by Community Committee Secretaries at community

level. This book is accessible to every member of the community within the subproject

implementation area. This will be a duplicate book where community members may write down

their complaints;

Mobile phone: a mechanism of direct interaction for lodging a complaint. This channel can be

used in both official (Portuguese) and local language;

E-mail: this is an option for complainants with e-mail connection.

Community meetings

These channels are to be discussed first with community representatives and modified as required.

They must be explained to community members at general community meetings according to project

´s communication and engagement strategy.

The subprojects should appoint someone responsible for community issues –Community Liaison

Officer (CLO), who will on weekly bases check the complaint book in the community and will be

directed all other communication channels. He will be in contact with community leaders more often

and will be responsible in reporting grievances to subproject proponent and liaise with GRC.

6.4.5 Appointing members of Grievance Redress Committee at community level (GRC)

Generally, all project staff, management staff of agencies involved in the project, and government

administrators will take on grievance handling as a responsibility. The GRC members should be

qualified, experienced, and competent personnel who can win the respect and confidence of the

affected communities. It is also important to maintain a gender balance within the GRC members.

Criteria for selecting members of GRC could include the following:

Knowledge of the project, its objectives, and outcomes; technical knowledge and expertise,

e.g., irrigation, engineering, geological, legal, to understand project design and requirements;ESMF 70


Understanding of the social, economic, and cultural environments and the dynamics of the

communities;

Capacity to absorb the issues dealt with and to contribute actively to decision making

processes;

Social recognition and standing; and

An equitable representation of males and females.

The members of the GRC at local level for Mozland shall include the local administration

representative –chief of the administrative post – chair person, community tribunal members, a

technician from District department for land use planning and infrastructure -secretary, the community

leader, a member of a recognized nongovernment organization in the area, a community

representative and grievance redress focal point for the project.

The GRC has the right to request the project technical staff, and officers from relevant state or non-

state institutions to attend the meetings and provide information.

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CHAPTER VII. PUBLIC CONSULTATION AND DISCLOSURE PROCESS

7.1. PUBLIC CONSULTATION PROCESS IN THE ESMF

A stakeholders mapping was conducted to identify people who can provide important inputs into the

ESMF. For Mozland project, the key stakeholders identified are presented in the Table 7.1. Interactive

discussions were held with some of them about the project during the ESMF development, discussing issues

related to the project and current environmental and social safeguard practices in the country.

Consultation meetings on the project´s ESMF were held in the three provinces, Nampula, Tete, Maputo,

with the participation of members of the district consultative councils, including representatives of district

government, local authorities, civil society and the private sector. The minutes of these meetings and

the lists of attendees are included in Annex I. The table 7.2 presents the meeting dates, locations and

number of participants.

Table 7. 1: ESMF consultation meetings held for Mozland Project

Date Location Type of meeting Number of participants

25th August Maputo – Matutuine Consultation Meeting 20

29th August Nampula – Meconta district Consultation Meeting 32

31st August Tete – Moatize District Consultation Meeting 50

Key issues presented in the meetings area related to demarcation of public infrastructure areas, such as

schools and health centres, as it is becoming common people encroaching to those areas. They also

recommended for a decentralized process to issue DUAT, as the current process is very slow, that even

for a residential plot the process must be approved at provincial level. They also suggested that the

existing grievance redressing mechanism at the community level should be integrated to the project. A

recommendation was made to ensure local consultations before the subprojects kick off to ensure

everybody is aware.

At the same time, community consultations were carried out for the social impact assessment at north,

central and south regions. A total of 618 people was consulted in communities meetings and 45% of

which were women. (Information available in the summary of consultation for social impact assessment

and Resettlement Policy framework).

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In order to mitigate the risks, parallel actions, the safeguards measures described in ESMF and RPF

will be considered on social risk mitigation strategy. These measures constitute essential

complementary elements that must be integrated in the detailed Regularization Methodology to be used

to carry out the Project land regularization component. (Annex xi - Social Risk Mitigation Strategy).

Consultation process is continuous and the project has foreseen a communication strategy of stakeholder’s engagements throughout the implementation phase

ESMF 73


ESMF 74


Table 7. 2: Key stakeholder met during ESMF preparation Province City/District Contact

PersonFunction/role in the organization Cell

contacte-mail

Maputo Maputo Jose Correia & Julio Costa

FNDS – Mozland project & Administrator Project Manager

848575535/843137297

[email protected] & [email protected]

Maputo Maputo Remigio Timbrine FNDS – Land specialist 844284480 [email protected]

Maputo Maputo Adérito Wetela DINOTER National DirectorMaputo Maputo Joao Carrilho Research Center Director 823049180 [email protected]

Maputo Maputo Odete Mugumela DINAT - Jurist [email protected]

Maputo Maputo Lazaro Matlava DINAT –Land Demarcation [email protected]

Maputo Maputo Cremilde Manjate DINAT – Head of department of Cadastre 828863250 [email protected]

Maputo Maputo Julio Costa SUSTENTA -coordinator 843137297 [email protected]

Maputo Maputo Paulo Sithole World Bank Safeguard team Maputo Maputo Sonia Nordez FNDS Safeguard team 827712840 [email protected]

Maputo Maputo Josefa Jassur DINAB – Environmental Licensing Department

Nampula Nampula Francisco Sambo DPTADER – Provincial Director 8454440045/823898410

Nampula Nampula Criatiano Macario Head of Department of Geography and Cadastre

Nampula Nampula Felicidade Muiocha SUNTENTA focal point 828317580 [email protected]

Nampula Meconta Moura Jorge District AdministratorNampula Nampula Danilo Land officer- SustentaNampula Nampula Cristiano Pires Safeguard officer - SustentaTete Tete Victor Poio DPTADER – Provincial Director 843110000Tete Moatize Maria José District Administrator

ESMF 75


7.2. PROPOSED DISCLOSURE PLAN

For projects such as the Mozland the World Bank procedures require that safeguard documents be

prepared and publicly disclosed prior to project appraisal. This allows the public and other stakeholders

to comment on the possible environmental and social impacts of the project, and the appraisal team to

strengthen the frameworks as necessary, particularly measures and plans to prevent or mitigate any

adverse environmental and social impacts.

Toward this end, this document will be publicly released through the World Bank’s InfoShop and in

FNDS website and other relevant public locations throughout the country (DPTADER, SDPI, SDAE).

The documents should be made available in English with executive summary in Portuguese in

compliance with the World Bank’s Public Consultation and Disclosure Policy.

Simplified Environmental Studies (SES) and Environmental Management Plans (EMPs) prepared for

sub-projects under the Mozland Project will also need to be disclosed to the public. Copies of the SES

and EMPs should be made available to communities and interested parties in accessible locations

through local government authorities, (e.g., local councils, Municipality offices) and public consultations

held as per the national EIA regulation. Copies of the EMPs should also be provided to the

implementing agencies and submitted to the World Bank. This will ensure record keeping of all

activities implemented under the ESMF and ensure that third party audits have adequate information

when undertaking annual environmental audits.

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CHAPTER VIII. CAPACITY BUILDING AND TRAINING

For a successful implementation of the guidelines and recommendations in the ESMF, it is important to

ensure that target groups and stakeholders who play a role in implementing the ESMF are provided

with the appropriate training and provisions.

FNDS has got a project implementation unit with extensive experience in implementation of safeguard

documents for similar project. The WB has been supporting the strengthening of capacity of the FNDS

safeguards team. In 2017, one national and four regional safeguards training workshops were

administrated to FNDS and other institutions including provincial and district government and service

providers. In addition to complying with WB policies and guidelines, the FNDS has to implement the

project and subprojects according to national legislation. Therefore DINAB, Agency for Environmental

Quality -AQUA, DPTADERs and local institutions were also trained to help improve both the awareness

of safeguards policies, as well as of other crosscutting issues related to gender, the inclusion of

vulnerable groups, and the understanding of how to implement mitigation measures. Currently

undergoing projects, such as Sustenta, MozFIP, MozBio and Landscape projects continue to support

the improvement of capacity and systems of the FNDS, beside the use of coaching approach and on-

the-job training to address specific issues and gaps.

8.1 STRENGTHENING OF PROJECT CAPACITY FOR IMPLEMENTING THE ESMF

Although FNDS has got a strong safeguard team, it is important that a safeguard specialist is appointed

for Mozland project PIU, due to the specifications of the project, and territory covered by the project.

Each provincial PIU will have one safeguard specialist, so there will be 10 provincial safeguard

specialist. These specialists will work in coordination with government entities (DPTADER, SDPI,

SIDAE). These will be coordinated from central PIU, which will have 2 environmental specialists, 1

social and 1 community development specialists.

These appointment will ensure that there is adequate capacity to implement and monitor the

performance of the Mozland ESMF and other safeguard documents.

Central level safeguard team responsibilities will be:

Preparing, together with the implementing entities, of annual work programs and budgets;

Monitoring project progress as it relates to compliance with the ESMF guidelines, resolving

implementation bottlenecks, and ensuring that overall project implementation proceeds

smoothly;

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Collecting and managing information relevant to the project and accounts (i.e., environmental

monitoring and audit reports); and

Ensuring that the implementing bodies are supported adequately and that they adhere to the

principles of the project, specific to compliance with ESMF guidelines.

Provincial level safeguard teams attributions include:

Conduct subproject screening on the ground and revert to the central level;

Verify on the ground how projects are being developed;

Manage day to day environmental and social issues that may rise from the project

implementation, including grievances;

Conduct at local level training to the subprojects proponents on environmental and social

safeguard requirements and support the projects,

Collect data required for monthly reporting.

8.2. TRAINING OF MOZLAND ENVIRONMENTAL AND SAFEGUARD UNIT

It is highly recommended that the PIU as a whole be provided with a training workshop to understand

the requirements of this ESMF, and be able to successfully implement the ESMF. This training will

ensure that the coordination unit is able to manage and monitor the environmental and social aspects of

the Mozland activities. The workshop should take place as part of the project preparation. The

workshop can either be conducted by an external consultant or someone within FNDS and WB with

knowledge on the environmental management requirements for Mozambique, including substantial

knowledge on World Bank safeguard policies and requirements (e.g., OHS standards). Other relevant

staff members of the project, including provincial focal points shall be included in the training in order to

widen familiarization of the ESMF. An outline for the training is provided in Table 8.1.

Table 8. 1: Proposed training format for ESMF implementation

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Module Duration Participants

Day 1 Introduction 1

• Mozland Project Overview• Objective of the ESMF • Key stakeholders with a role in the ESMF • Relevant legislative and regulatory acts and World Bank safeguard policies • Structure and role of relevant environmental authorities as relates to the Project

PIU, DPTADER, SDPI, SDAE , DINOTER,

DINAT technical staff

Day 2 Summary of guidelines for the sub-projects (screening to approval)

1

• Screening • Appraisal and approval • Monitoring and evaluation• Disclosure • Annual review • Annual reporting

1

PIU, DPTADER, SDPI, SDAE , DINOTER, DINAT technical staff

Day 3 Summary of guidelines for implementation project

• Grievance management• Stakeholders engagement• gender• Land regularization/conflicts management protocol

1 PIU, DPTADER, SDPI, SDAE , DINOTER, DINAT technical staff

Total 3 days

8.3. CAPACITY BUILDING AND TECHNICAL ASSISTANCE REQUIREMENTS

As part of good practice and to comply with international standards for OHS, contractors and

supervision consultants should be provided with environmental and OHS training awareness on site,

especially during construction phase. A proposed format for a training workshop is provided in the

following Table 8.2. Awareness sessions will happen as required and where needed.

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Table 8. 2: Awareness raising and training for civil work contractors and supervision consultants

Topic Input Awareness and sensitizations:

• Environmental awareness and the importance of effective mitigation • Mitigation measures and environmentally sound construction practices • Compliance with local legislation on OHS, EIA requirements • Workplace and community Health and Safety • Vulnerable groups - ensuring protection against increased vulnerability • Gender balance – ensuring representation and inclusivity • Gender Base Violence and Sexual Exploitation and Abuse issues

2 days

Technical training :

• Implementation of the ESMP (contract clauses for contractors) • Monitoring of ESMPs and other safeguard documents • Preparation of budgets • Grievance redress management

1 day

Total 3 days

8.4 PROPOSED BUDGET

The proposed budget for implementation of the measures and recommendations outlined in the ESMF

for Mozland is US $ 920,000.00.

As the sub-projects and their locations have not yet been identified, a lump sum amount has been

designated to address the potential number of ESIAs and ESMPs which will have to be prepared as

well as monitoring requirements for the ESMF. This is an estimate and will need to be updated once the

project design has been finalized.

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Table 8. 3: Budget Estimate for the Implementation of the ESMF Activity Budget for the Period 2018‐2022 (in USD) Total

(USD) Year 1 Year 2 Year 3 Year 4 Year 5 Training and capacity building- Objective of the ESMF - Key stakeholders with a role in the ESMF - Relevant legislative and regulatory acts and World Bank policies - Structure and role of relevant environmental authorities as relates to the Mozland project

50,000 40,000 30,000 20,000 0 140,000

Training and capacity building -Training workshops on implementation and management of ESMF and associated tools (EIA, screening checklists) -Monitoring of ESMPs (and RAPs) Preparation of budgets

50,000 40,000 30,000 20,000 0 140,000

Awareness-Environmental awareness and the importance of effective mitigation -Mitigation measures and environmentally sound construction techniques and sound land regularization and delimitation practices

-Compliance with local legislation on OHS, ESIA, and ESMP requirements

20 000 20,000 20,000 10,000 10,00 0 80,000

- Grievance redress management and Land regularization/conflicts management protocol

50,000 75,000 75,000 25,000 25,000 200,000

-Preparation, implementation and monitoring of EIAs, ESMPs and related safeguard management plans of subprojects, and monitoring

120,000 50,000 50,000 30,000 30,000 320,000

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External audits 20,000 20,000 40,000

Total 920,000

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X. REFERENCES

FNDS Salvaguardas Ambientais e Sociais (Abril 2018); Guia de campo Regularização da Posse de Terras

na implementação dos Projectos do FNDS (SUSTENTA, MozFIP, MozBio)

Grievance Redress Mechanism, http://www.worldbank.org/en/projects-operations/products-and-services/

grievance-redress-service

MITADER (2018), Environmental and Social Management Framework (ESMF), Mozambique Conservation

Areas for Biodiversity and Sustainable Development (MozBio) Project

MITADER (Julho, 2018); Projecto Mozland; Arranjos de implementação (draft 4)

MITADER (Julho de 2018); Metodologia harmonizada para Registo e Regularização de Ocupações de

Terras e Delimitação Comunitária (DelCom+RDUAT) - Procedimentos Técnicos; (DRAFT DE JULHO DE

2018)

World Bank (2008), Environmental and Social Management Framework for World Bank Project with Multiple

Small-Scale Subprojects - A Toolkit, Africa Region, Report 48893

World Bank (2013), OP 4.01 - Environmental Assessment

World Bank (26 June 2018), Combined Project Information Documents / Integrated Safeguards Datasheet

(PID/ISDS) Appraisal Stage, Report No: PIDISDSA24553

World Bank, 2017, Standard Procurement Document. Request for Bids Works (Without Prequalification)

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XI. ANNEXES

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ANNEX I: STAKEHOLDERS’ CONSULTATION MINUTES

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ANNEX II: ENVIRONMENTAL AND SOCIAL SCREENING CHECK-LIST (EXAMPLE)

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PART A: SUBPROJECT IDENTIFICATION

Sub-project name: Subproject Location (include map/sketch): Province:…………….

District:………………..Admin Post:………….Locality:……………….Community:………….

Type of activity: (e.g. new construction, rehabilitation, periodic maintenance, demarcation/regularization, legal reform)

Estimated Cost: Proposed Date of Commencement of Work:

Technical Drawing/Specifications Reviewed: (circle answer): Yes No

1. Site Selection: Physical data: Yes/No answers and bullet lists preferred except

where descriptive detail is essential. Site area in hectors Extension of/or changes to existing conditions

Any existing property to be transferred to the sub-project

Any plans for new construction

Insert location map and longitude – latitude coordinates (GPS reading):

PART B: IDENTIFICATION AND CLASSIFICATION OF ENVIRONMENTAL AND SOCIAL IMPACTS

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1. Impacts’ significance classification methodology impacts/Issues/risks Site Sensitivity

Low Medium High Natural habitats No natural habitats

present of any kind No critical natural habitats; other natural habitats occur

Critical natural habitats present

Water quality and water resource availability and use

Water flows exceed any existing demand; low intensity of water use; potential water use conflicts expected to be low; no potential water quality issues

Medium intensity of water use; multiple water users; water quality issues are important

Intensive water use; multiple water users; potential for conflicts is high; water quality issues are important

Natural hazards vulnerability, floods, soil stability/ erosion

Flat terrain; no potential stability/erosion problems; no known volcanic/seismic/ flood risks

Medium slopes; some erosion potential; medium risks from volcanic/seismic/ flood/ hurricanes

Mountainous terrain; steep slopes; unstable soils; high erosion potential; volcanic, seismic or flood risks

Cultural property No known or suspected cultural heritage sites

Suspected cultural heritage sites; known heritage sites in broader area of influence

Known heritage sites in project area

Involuntary resettlement

Low population density; dispersed population; legal tenure is well defined; well defined water rights, Well defined access to natural resources

Medium population density; mixed ownership and land tenure; well-defined water rights, natural resources access well defined

High population density; major towns and villages; low-income families and/or illegal ownership of land; communal properties; unclear water rights and natural resources

Indigenous peoples No indigenous population

Dispersed and mixed indigenous populations; highly acculturated indigenous populations

Indigenous territories, reserves and/or lands; vulnerable indigenous populations

Impacts Significance levelsNegative Impacts Positive ImpactsNeglectable Neglectable

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Low LowModerate ModerateHigh High

2. Checklist of environmental and social impactsEnvironmental and social issues/Aspects Yes No Description/comment Significance levelENVIRONMENTAL ISSUES Biodiversity The subproject will impact on endemic, rare, vulnerable species (eg IUCN Red List of Species) and / or important economic, cultural, physical, ecological and component resourcesAre there any areas of environmental or ecological sensitivity that could be adversely affected by the subproject? For example critical natural habitats (riverine and mountain forests, wetlands, inselbergs, among other critical habitats)Is there any sensitive or protected species that can be negatively affected by the project?Partial and Total Protected areas Does the subproject (or its components) have an impact on conservation areas (national parks, national reserves, protected forests, World Heritage, etc.)Will the subproject follow partial protection areas established by Land Regulation?Geology and SoilsFrom a geological or soil point of view are there unstable areas (susceptible to erosion, landslides, collapse)?PollutionDoes the sub-project provide for activities that could lead to soil pollution?Is the subproject likely to cause high noise levels?Can the activity of the subproject lead to any risk of air pollution?

Does the subproject have the potential to generate a significant amount of solid and liquid waste? (ie waste oils, high BOD effluent, heavy metals, other toxic chemicals, pesticides, fertilizer pollution, etc.)Is there any risk of the sub-project affecting the quality of surface waters, groundwater, drinking water sources

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Environmental and social issues/Aspects Yes No Description/comment Significance levelSOCIAL ASPECTSHistorical, archaeological or cultural sitesExistem locais de importância cultural, religiosa ou histórica próximo à área do subprojecto as quais o subprojecto poderá impactar?Irão as actividades do subprojecto interferir com locais sagrados usados pelas comunidades locais (campas, árvores sagradas)?Loss of property and othersCan the subproject cause temporary or permanent loss of crops, land, pastures, fruit trees, domestic houses and infrastructure, access to natural resources?

If so, is there a need for compensation for the loss of assets?

Local communitiesDoes the subproject have any potential to cause a change in the lifestyle of the local population?Are communities residing in the subproject area safeguarded if they have any complaints related to farming?Local IncomeDoes the subproject create temporary or permanent jobs?Will the subproject promote increased agricultural production and / or create another income-generating activity?Gender and child labor issuesDoes the sub-project promote the integration of women and other vulnerable groups into activities by encouraging their participation in decision-making and providing access to resources such as irrigated agriculture, markets, etc.?

Does the project prevent the use of child labor, both at the construction site and at construction sites?HEALTH AND SAFETYDoes the subproject have the potential to cause accident hazards to workers and communities?CUMMULATIVE IMPACTSDoes the subproject have the potential to cause cumulative social and environmental impacts?

3. Detailed Questions:

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Preliminary Environmental Information: Yes/No answers and bullet lists preferred except where descriptive detail is essential.

State the source of information available at this stage (proponents report, EIA or other environmental study).

Has there been litigation or complaints of any environmental nature directed against the sub-project

Environmental Assessment Report or environmental studies required:

Yes/No - answers in bullet lists preferred except where descriptive detail is essential.

If screening identifies environmental issues that require an ESIA or ESMP, RAP study, does the proposal include the EIA or study?

Indicate the scope and time frame of any outstanding safeguarding study.

Required Environmental and Social Monitoring Plan:

If the screening identifies environmental issues that require long term or intermittent monitoring (effluent, gaseous discharges, water quality, soil quality, air quality, noise etc), does the proposal detail adequate monitoring requirements?

Public participation/information requirements: .

Does the proposal require, under national or local laws, the public to be informed, consulted or involved?

Has consultation been completed? Indicate the time frame of any outstanding consultation process.

Land and resettlement:

Yes/No - answers in bullet lists preferred except where descriptive detail is essential.

Will the subproject require the acquisition of land?

Is the land public or privately owned? How will the subproject go about land acquisition? What is the current land use of the desired land? (e.g. agriculture, gardening, etc.) List the key resources.

Will people need to be displaced, and therefore require compensation and resettlement assistance?

Are the relevant authorities aware of the need for a Resettlement Process, involving a census, valuation, consultation, compensation, evaluation and monitoring?

What level or type of compensation is planned? Who will monitor actual payments?

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Actions: List outstanding actions to be cleared before subproject appraisal.

Approval/rejection Yes/No answers and bullet lists preferred except where descriptive detail is essential.

If proposal is rejected for environmental reasons, should the sub-project be reconsidered, and what additional data would be required for reconsideration?

PART C – PROJECT CATEGORIZATION

1. Recommendations Environmental category as per safeguard team: _____________ Environmental Category as per DPTADER: __________________

Requires a category A EIA. Subproject not approved for this project. Requires a category B EIA to be submitted on date:. Requires a Category C EIA to be submitted on date:. Requires preparation of additional plans (e.g. RAP, good practice , etc.. ) ………………..

_____Does not require further environmental or social studies

Reviewer: Name: Signature: Date:

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ANNEX III - PRELIMINARY ENVIRONMENTAL INFORMATION SHEET (ANNEX IV – DECREE 54/2015)

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1. Name of the activity

2. Activity Type:

a) Tourism Industrial Agriculture Other

Specify --

b) New Rehabilitation Expansion

3. Proponent Identification:

4. Address/contacts:

5. Location of the activity:

5.1 Administrative Location:

Ward: Village:

City:

Locality: District: Province:

5.2 Surrounding Environment

Urban Rural

6. Area location:

Green area Industrial Service

7. Activity Description:

7.1 Infrastructure for the activity, its dimensions and capacity (Please put together all relevant project designs and diagrams if available):

7.2 Associated activities:

7.3 Short description of construction and operation technologies

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7.4 Main/principal activities and complementary/secondary activities

7.5 Type, origin and quantity of labour

7.6 Type, origin and quantity of raw material/quantity to be used in the project

7.7 Chemical to be used in the project scientifically named: (If the list is too long please include in an annex)

7.8 Type, origin and quantity of water and energy consumption

7.9 Origen and quantities of fuels and lubricants to be used in the project:

7.10 Other necessary resources:

8. Land tenure status (legal situation about land acquisition for the project)

9. Alternative locations for the project:

10 Brief information on the environmental situation of the local or region:

10.1 Physical characteristics of the area where the project is going to be developed:

Plane Plateau Mountain

10.1 Predominant Ecosystem:

River Lake Ocean Land

10.3 Location Area:

Coastal zone Interlard Island

10.4 Type of prevailing Vegetation:

Forest Savana others

10.5 Land use in accordance with physical structural plan o r other policies:

Farm Habitation Industrial

Protected Others

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(Specify) -------------------------------------------------------------

10.6 Main infrastructure found in surrounding area of the project:

11. Complementary information in maps

Location map Map showing the activity area in relation to other land use pattern in the area Other relevant information.

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ANNEX IV: TOR GUIDELINES FOR PREPARATION OF TOR FOR SIMPLIFIED ENVIRONMENTAL ASSESSMENT AND SPECIFIC ENVIRONMENTAL AND SOCIAL MANAGEMENT PLAN

1. Objectives of the ToR This section should identify the subproject and its proponent, and the services required, based on the result of the screening process.

2. Background Information The ToR should provide pertinent background information for preparing the SES and ESMP. This would include a brief description of information about the Mozland project (global objective and objective of the component that includes the subproject), the implementing agency, Project components, especially those that will finance the subproject.

Also include a description of other studies underway (e.g., RAP, baseline study, etc.) 3. Legal Requirements/Regulations

This paragraph should identify the regulations and guidelines which will govern the conduct of the assessment or specify the content of its report as per Decree 45/2004 and Law 16/2014.

4. Study Area and potential significant Impacts Specify the area involved and the boundaries of the study area for the assessment, identifying clearly its location.

5. Scope of Work The consultant services shall comprise the following tasks:

Task 1. Description of the Proposed Subproject. Provide a brief description of the relevant parts of the project, using maps (at appropriate scale), general layout; size, capacity; pre-construction activities; construction activities; schedule; staffing and support; facilities and services; commissioning, operation and maintenance activities; required offsite investments; and life expectancy for major components. Provide maps at appropriate scales to illustrate the general setting of project-related development, as well as surrounding areas likely to be impacted.

Task 2. Description of the Environment (baseline condition). Assemble, evaluate and present baseline data on the relevant physical, biological, and socio-economic characteristics of the development area and area of influence. Include information on any changes anticipated before the project commences.

Task 3. Legislative and Regulatory Considerations. Describe the pertinent regulations and standards governing environmental quality, health and safety, protection of sensitive areas, protection of endangered species, siting, land use control, etc., at international, national, regional and local levels (The TOR should specify those that are known and require the consultant to investigate for others.)

Task 4. Determination of the Potential Impacts of the Proposed Project. Predict and assess all significant impacts that the project is likely to generate. Assess the impacts from changes brought about by the project on baseline environmental conditions as described under Task 2. Identify potential impacts to be assessed.

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In this analysis, distinguish between significant positive and negative impacts, direct, indirect, and cumulative impacts, and immediate and long-term impacts. Identify impacts that may occur due to accidental events. Identify impacts which are unavoidable or irreversible. Wherever possible, describe impacts quantitatively, in terms of environmental costs and benefits. Impact analyses for sub projects should be divided between construction impacts and operational impacts.

Task 5. Analysis of Alternatives to the proposed subproject. Describe alternatives that were examined in the course of developing the proposed subproject and identify other alternatives which would achieve the same objectives. The concept of alternatives extends to siting, design, technology selection, construction techniques and phasing, and operating and maintenance procedures. Compare alternatives in terms of potential environmental impacts; capital and operating costs; suitability under local conditions; and institutional, training, and monitoring requirements. When describing the impacts, indicate which are irreversible or unavoidable and which can be mitigated. To the extent possible, quantify the costs and benefits of each alternative, incorporating the estimated costs of any associated mitigating measures.

Include the alternative of not constructing the project to demonstrate environmental conditions without it. Alternatives should include the following: the “no go” alternative.

Task 6. Development of an Environmental and Social Management Plan (ESMP). Recommend feasible and cost-effective measures to prevent or reduce significant negative impacts to acceptable levels. Include measures to address emergency response requirements for accidental events.

Prepare a management plan including proposed work programs, budget estimates, schedules, staffing and training requirements, and other necessary support services to implement the mitigating measures. Provide environmental protection clauses for application by contractors and consultants.

Task 7. Development of a Monitoring Plan. Prepare a detailed plan to monitor the implementation of mitigating measures and the impacts of the project during construction and operation. Include in the plan an estimate of capital and operating costs and a description of other inputs (such as training and institutional strengthening) needed to implement the plan.

Task 8. Public Participation. Conduct a public participation process from early stage of the study in order to include in the SES any concerns and/or expectations of the direct and indirect affected parties. The consultant shall indicate the strategy for public participation, which shall bear in mind the national guidelines for public participation in ESIA process. The public participation report shall be included in the SES.

6. Reports The consultant shall prepare a draft report to be revised by FNDS’s Safeguard Team.

The structure of the report shall follow the requirements of Decree 54/2015.

7. Technical Team

The consultant shall propose a team coordinated by an environmental and social assessment specialist. The consultant must be registered with MITADER as an environmental consultant.

8. Duration

The Consultant shall propose a work plan identifying all the phases, including the public participation process and the time for revision by the environmental authority.

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ANNEX V: STANDARD CONTENT FOR ESMP

1. Introduction Provide an overview of the subproject, environmental and social context and the purpose of this ESMP.

2. Project description Describe the subproject, the construction works required, the activities associated with the operational phase and planned decommissioning information. Include project components that may have an environmental or social impact, including:

• Types of materials required during construction (aggregates, fresh water) • Source and transportation of materials during construction • Waste management (solid and liquid waste) – construction and operations • Hazardous materials management • Labour management practices • Proposed improvements or benefits resulting from the subproject which will accrue to the local community, environment and economy.

Provide an overview of project timelines.

Include a map of the general area.

(Take into consideration the information already provided in the Environmental & Social Checklist prepared for the subproject and complement/detail/update, where possible).

3. Environmental and social baseline Describe the project location and land use (agricultural land, residential), closest dwelling(s), water body that will receive drainage, natural habitats (protected areas, significant or relevant ecosystems, flora and /or fauna in the area.).

Describe the community, formal and community leadership structures, describe any unique aspects of culture and language. Describe the existing social services such as education, health, law and order as well as economic activities (commerce, trading). Provide information on existing land titles. The social context should also describe occupations and sources of livelihood, gender roles and issues, land tenure and connections to land, and the socioeconomic conditions, including any commentary on poverty, vulnerability due to gender, ethnicity or culture group, age or disability in the community, resource allocation and access and income distribution, where relevant.

(Take into consideration the information already provided in the Environmental & Social Checklist prepared for the subproject and complement/detail/update, where possible).

4. Legal and institutional context Provide an overview of the relevant laws, regulations and policies and how this ESMP provides the relevant information in support of an environmental approval. Provide an overview of how the ESMP meets the requirements of the World Bank safeguard policies. Provide an overview of the key institutions with jurisdiction over the subproject.

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(See Sections 4.1 of the chapter 4 of MozLand ESMF).

5. Significant impacts and mitigation Provide an overview of the significant environmental and social impacts associated with the subproject and indicate how the project will manage these to incorporate applicable safeguards policy and regulatory requirements. Refer to Environmental & Social Screening Checklist and chapter V of the Mozland ESMF).

6. Description of mitigation measuresThe ESMP identifies feasible and cost-effective measures to reduce potentially significant adverse environmental and social impacts to acceptable levels. Each mitigation measure should be briefly described with reference to the impact to which it relates and the conditions under which it is required (e.g., continuously or in the event of contingencies). These should be accompanied by, or referenced to, designs, equipment descriptions, and operating procedures that elaborate on the technical aspects of implementing the various measures. Where mitigation measures may result in secondary impacts, their significance should be evaluated.

7. Description of monitoring programEnvironmental performance monitoring should be designed to ensure that mitigation measures are implemented and have the intended result, and that remedial measures are undertaken if mitigation measures are inadequate. It should also assess compliance with national standards and World Bank Group requirements or guidelines.

The monitoring program should clearly indicate the linkages between impacts identified in the ESMP report, indicators to be measured, methods to be used, sampling locations, frequency of measurements, detection limits (where appropriate), and definition of thresholds that will signal the need for corrective actions. Although it is not essential to have complete details of monitoring in the ESMP, it should describe the means by which final monitoring arrangements will be agreed.

8. Institutional arrangementsRoles and Responsibilities for mitigation and monitoring should be clearly defined. The ESMP should identify arrangements for coordination between the various actors responsible for mitigation.

9. Management measures List the key environmental and social impacts, per relevant project phase, and indicate recommended management measures and responsibility for ensuring measures are met.

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Environmental and Social Management PlanA. Mitigation

Project Activity

Potential Environmental and Social Impacts

Proposed Mitigation Measure(s) (including legislation and regulations)

Institutional Responsibilities (including enforcement and coordination)

Cost Estimates

Comments (e.g., secondary impacts)

Pre-Construction Phase

Construction camp establishment

Vegetation clearing;Economic and physical displacement, water pollution, soil contamination, topographic alterations, dust and noise emissions, community disturbances, health & safety risks

Work site selection shall take in account environmental & social aspects:

- Preference shall be given to already disturbed areas,

- ‘No-go’ areas shall be clearly identified and marked. These shall include areas with large trees (>200 mm in diameter at chest height), cultivated lands or fruit trees, wetlands, grave sites or any sensitive environment or social site/area identified by the Safeguard officer,

- Avoid proximity to schools, health posts and households with vulnerable families (such as elderly, household members with chronic diseases) when locating the campsite, - The worksite shall be clearly identified, and hazardous areas clearly marked (red tape / barricading of risk areas).

- Safeguard office, contractor HSE rep

N/A

Construction Phase

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Operation and Maintenance Phase

Environmental and Social Management Plan

B. Monitoring

Proposed Mitigation Measure

Parameters To be Monitored

Location Measurements (including methods and equipment)

Frequency of Measurement

Responsibilities (including review and reporting)

Cost (equipment and individuals)

Pre-Construction Phase

Grievance redressing procedure

-Number of complaints from the community

Community hall/Community leader/SDAE/SDPI/ project site

Complaint book, cell phone, meetings

Weekly checks Safeguard officer

$100/month

Vegetation conservation

Vegetation disturbed area Campsite area Tap measurement of disturbed areas

Whenever necessary

Safeguard officer

$25/month

Construction Phase

Operation and Maintenance Phase

Total Cost

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for all Phases

Environmental and Social Management PlanC. Institutional Strengthening and Training for Implementation

I. Institutional Strengthening Activity

Position(s) (Institutions, PIUs, contractors, construction supervision consultants)

Scheduling Responsibilities Scheduling Cost Estimates

Mitigation Measures

Monitoring Requirements (including compliance)

II. Training Activity

Participants Types of Training

Content (modules, etc.)

Scheduling Cost Estimates

ESMP Implementation, Redesign, Conflict Resolution

Environmental Processes, Methods, and Equipment

Environmental Policies and Programs

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Environmental and Social Management PlanD. Scheduling and Reporting

Year 1 Year 2 Etc. Activity Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Mitigation Measures ------------- -------------

Monitoring ------------ ------------

Institutional Strengthening ------------ ----

Training ------------ ------------

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ANNEX VI: TEMPLATE FOR ENVIRONMENTAL AND SOCIAL MANAGEMENT GOOD PRACTICES GUIDE

This guide contains measures to be applied by Contractors and Subcontractors during construction activities. It shall be adapted for other activities and include any site specific environmental or social issue.

INTRODUCTION

Provide an overview of the subproject, environmental and social context and the purpose of this

Environmental and Social Management Good Practices.

DESCRIPTION OF ACTIVITY

Describe the activity, the construction works required, the activities associated with the operational phase and

planned decommissioning information. Include project components that may have an environmental or social

impact, including:

KEY ENVIRONMENTAL AND SOCIAL IMPACTS AND RISKS

List and describe impacts and risks based on the list provided in Annex 8.

ORGANIZATIONAL STRUCTURE AND RESPONSABILITIES

List the key positions involved in project management, execution and supervision, specifically relating to the

ESHS matters (including Contractor, MozLand officers (ex. SDPI), LMU Safeguard and Finance).

Define responsibilities for each position.

MANAGEMENT RECOMMENDATIONS ( example for Civil Works)

1. Prior to the Start of Works

The Contractor shall visit the work site with the subproject proponent and the Safeguard Assistant

• With the Safeguard Assistant, Contractor shall meet with local authorities, community

leaders and residents living next to the project site to:

o introduce the Contractor to the authorities/community leaders and community,

o Provide information about works’ duration and schedule, o Provide information

about required work force (foreigner and opportunities for locals),

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o Define the recruitment process, which shall be transparent and non-discriminatory

(eg. on the basis of family status, ethnicity, race, gender, religion, language, marital status,

birth, age, disability or political convictions). Recruitment of women shall be promoted.

o Make any request to access or use community infrastructure (such as water supply),

land or natural resources (eg. Sand, firewood),

o Raise awareness about the risks associated with the construction activities and the

need to limit access to the work area to third parties and domestic animals,

o Raise awareness about the opportunities for engagement with the contractor, and

o Establish a grievance redress mechanism.

• Define area for site establishment (including workers’ accommodation, storage, workshop

and the worksite itself):

o Preference shall be given to already disturbed areas, o ‘No-go’ areas shall be

clearly identified and marked. These shall include areas with large trees (>200 mm in

diameter at chest height), cultivated lands or fruit trees, wetlands, grave sites or any

sensitive environment or social site/area identified by the Safeguard Assistant,

o Proximity to schools, health posts and households with vulnerable families (such as

elderly, household members with chronic diseases) shall be avoided,

o The worksite shall be clearly identified, and hazardous areas clearly marked (red

tape / barricading of risk areas).

• Define access route and entry point to the worksite avoiding damage to households and

associated structures, cultivated lands, fruit trees or any other potential source of income. In case of

damage, the Contractor will be responsible for the payment of compensation to the affected party as

per the MozLand Resettlement Policy Framework.

2. Labour and Working Conditions

• Recruitment of children (under 18 years old) or forced labour are prohibited.

• Contractor shall enter into written contracts with all workers, defining tasks, responsibilities, duration of contract, hours of work, wage, and other relevant aspects included in the Labour Law,

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• Contractor shall provide personal protective equipment (PPE) for all workers (helmets, boots, gloves, etc) as per the nature of the assigned job/tasks, at no cost to the worker. Contractor will train workers on the correct use of PPE and enforce its use,

• Contractor shall provide the relevant work tools and equipment, in good working condition, at no cost to the worker (eg. hammer, saw, toolbox),

• Contractor shall provide relevant Health and Safety training to workers so that they understand the risks and required precautions,

• Contractor shall provide the following to workers1: o Dedicated accommodation facilities for non-local workers, with adequate ventilation and

thermal conditions, to promote the health, safety and well-being of workers; o Dedicated cooking and eating facilities (with shade, food storage and food preparation

counters); o Potable water supply;

o Suitable sanitation facilities, adequate for the number of staff on site, in order to minimize impacts on environmental quality and public health and ensure privacy. The use of portable chemical toilets is recommended (whenever possible) at a ratio of 1 toilet per 15 workers. Where portable toilets are not available, at a minimum, improved latrine(s) should be built. Separate washing facilities shall be established (so as not to overload the latrine put).

• Drugs and alcohol shall be prohibited on the construction site. Workers suspected to be under the influence of any such substances shall not be permitted on site – no entry to the accommodation facilities and no access to the work site.

• All workers shall have access to onsite sanitation facilities. • Contractor shall sensitize workers to convey attitudes of respect and non-discrimination and prohibit

attitudes of sexual harassment (such as prohibiting the use of language or behaviour, in particular towards women or children, that is inappropriate, harassing abusive, sexually provocative, demeaning or culturally inappropriate) and prohibit violence or exploration (such as prohibition of the exchange of money, employment, goods or services for sex, including sexual favours or other forms of humiliating, degrading or exploitative behaviour). Disciplinary action shall be taken where violations of the above occur.

3. Community Health and Safety

• Contractor will take steps to reduce risks to community members (especially children), placing warning signs and limiting access to the work area, keeping hazardous products in closed storage / warehouse and making provisions to prevent accidents involving vehicles and machinery (ex: instruct and enforce drivers to reduce speed in populated areas).

• Contractor shall ensure that neighbouring communities are sensitized of the risks posed by the activities and the care which shall be taken by community members (especially with regards to children and domestic animals).

4. Hazardous Substances, Fuel Storage and Maintenance Activities

• Hazardous substances should be covered from rain and sun, in locked storage areas, and placed on concrete floors (or at least in an area lined with strong plastic sheets). Contractors are encouraged to build bonded concrete floors to capture spills.

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• Ensure that all equipment maintenance activities, including oil changes, are conducted within demarcated maintenance areas, adequately lined (eg. where oil changes take place) or using appropriate containment trays (such as a drum cut lengthways).

• Used oils shall not be disposed to the ground or into a water body. Contractors are encouraged to collect used oil, contaminated rags and others in clearly marked containers (such as drums) for removal from site.

5. Water supply

• Abstractions from natural water resources (e.g. springs, streams, lakes) shall be previously approved by the Safeguard Assistant, the SDPI, following consultation with local leaders.

6. Aggregates

• All aggregates required for construction of foundations or platforms shall be from permitted / licensed quarries.

7. Vegetation Clearance

• Contractor shall ensure that all negotiations and compensation for land, crops, trees, houses, grave sites and other relevant items have been satisfactorily completed (as defined in the Resettlement Policy Framework), before the work site is cleared.

• No soil, vegetation or construction material shall be dumped in wetlands or water bodies.

• No burning of vegetation to clear the site will be permitted.

The Contractor shall suspend works and notify the MozLand safeguard team if any previously unidentified

graves or artefacts of archaeological or cultural

• Significance are uncovered during site clearance. Work shall be stopped while the appropriate authorities are notified. Work may only re-commence once authorities have inspected the site and given approval to proceed.

8. Noise Control

• The Contractor shall keep noise levels within acceptable limits and construction activities shall, where possible, be confined to normal working hours.

9. Dust Control

• Dust is regarded as a nuisance when it reduces visibility, soils private property, is aesthetically displeasing or affects palatability of grazing. Dust generated by construction related activities must be minimised.

• The Contractor shall be responsible for the control of dust arising from activities.

• Control measures shall include regular spraying of working/exposed areas with water at an application rate that will not result in soil erosion or runoff.

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• The removal of vegetation shall be avoided until such time as clearance is required and exposed surfaces shall be re-vegetated or stabilised as soon as practically possible.

• The excavation, handling and transport of erodible materials shall be avoid under high wind conditions.

• Where possible, soil stockpiles shall be sheltered from the wind. • Vehicle speeds shall be limited to minimise the generation of dust on site and on access roads.

10. Sediment Control

• Ground disturbance shall be reduced to a minimum.

• When on a sloping site, Contractor shall trap sediment onsite using brush or silt fences.

• Runoff / water shall be diverted around the construction sites or disturbed areas, using ditches.

11. Waste Management

• The site is to be kept clean, neat and tidy at all times. • To reduce the amount of waste, the Contractor is encouraged to find local uses for safe left over

materials and packaging (ex: timber wastes can be used by community as firewood, empty drums may be triple rinsed and donated for storage). This shall be negotiated and agreed with local leadership to confirm need and agree on a process of distribution of materials.

• Contractor shall ensure the: o Provision of sufficient bins (preferably vermin and weatherproof) at the camp and work sites

to store the solid waste produced on a daily basis. o Contractors are encouraged to promote waste separation. o Collection of refuse and waste

generated by workers on a daily basis. o Bio-degradable waste shall be composted on site (buried in dedicated shallow ditches and covered with vegetable matter and soil.

o Contractor is encouraged to recycle part of the waste stream subject to appropriate recycling facilities being available within reasonable travel distance.

o Identification of an appropriate site for depositing waste generated during the construction contract (eg. local borrow pit already in use for waste deposition, appropriate area near the work site for burial and cover of waste in dedicated pits).

o Hazardous waste such as used oil, batteries, etc. shall be kept separately and must be removed from the site by the Contractor prior to the end of the construction period. Contractors are encouraged to channel all hazardous waste to the nearest available facility (Maputo ).

o No stockpiled waste is to be left on site after the work is completed.

12. Fire Prevention and Control

• The Contractor shall take all reasonable and precautionary steps to ensure that fires are not started as a consequence of project activities on site.

• Open fires within the conservation areas are prohibited.

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• The Contractor shall ensure that there is basic fire-fighting equipment available on site. This shall include, but not be limited to:

• Rubber beaters when working in grass/bush areas. • At least one fire extinguisher of the appropriate type when welding or other ‘hot’ activities are

undertaken.

• Flammable materials should be stored under conditions that will limit the potential for ignition and the spread of fires.

• The Contractor shall ensure that all site personnel are aware of the fire risks and how to deal with any fires that occur. This shall include, but not be limited to regular fire prevention talks.

13. Restoration

• Rehabilitation shall be required for all areas disturbed by the works. • The Contractor should implement a programme of progressive rehabilitation,

i.e. once works are complete in particular areas.

• Restoration will include, at a minimum, removing unused materials, rubble and foundations, ripping any compacted ground to loosen soil, spreading topsoil evenly over the former site and re-establishing grass cover.

• Rehabilitation of all temporary access tracks, haul roads and any other disturbed areas outside of the approved working areas to their original condition.

14. Decommissioning of the Site

• On completion of the Contract, the Contractor shall decommission the worksite. This shall include the following:

o Removal of all remaining structures, services, facilities, unless sold or handed over to the community.

o Removal of all remaining construction rubble and waste, to be disposed of at an appropriate site.

Reinstatement and rehabilitation of all remaining disturbed areas, including temporary access routes, turning

circles, parking areas, etc.

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ANNEX VII: FORMAT OF AN ANNUAL ESMF IMPLEMENTATION MONITORING REPORT

Relevant environmental authority: Reporting dates: Province/District/Community: Subprojects approved: Subproject title Activities Project phase (1) Env. Category ESIA / ESMP

completed? Environmental

Permit granted? Effectiveness of

ESMP Issues (2)

(name, location, title or reference)

(new construction, rehabilitation, maintenance)

See note below Yes, No or N/A Yes, No or N/A Good, poor, or needs

improvement

See note below

1 2 3 Etc Subprojects rejected: Subproject title Activities Reasons for rejection Remarks (3) 1 2 etc

Notes:

1 Subproject phase will be one of the following: (a) under project preparation or appraisal, (b) appraised, or (c) implementation. 2 Issues: accidents, litigation, complaints or fines are to be listed.

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ANNEX VIII: EXAMPLES OF CONTRACT CLAUSES TO INCLUDE IN CONTRACTOR AGREEMENTS

Sound environmental management of construction projects can be achieved only with adequate site selection

and project design. As such, the EA for projects involving any new construction, or any rehabilitation or

reconstruction for existing projects, should provide information as to screening criteria for site selection and

design including the following:

Site selection - sites should be chosen based on community needs for additional projects, with specific lots

chosen based on geographic and topographic characteristics. The site selection process involves site visits

and studies to analyse: (i) the site’s, suburban, or rural characteristics; (ii) national, regional, or municipal

regulations affecting the proposed sites; (iii) accessibility and distance from inhabited areas; (iv) land

ownership, including verification of absence of squatters and/or other potential legal problems with land

acquisition; (v) determination of site vulnerability to natural hazards, (i.e. intensity and frequency of floods,

earthquakes, landslides, hurricanes, volcanic eruptions); (vi) suitability of soils and sub soils for construction;

(vii) site contamination; (viii) flora and fauna characteristics; (ix) presence or absence of natural habitats

and/or ecologically important habitats on site or in vicinity (e.g. forests, wetlands, rare or endangered

species); and (ix) historic and community characteristics.

The rules (including specific prohibitions and construction management measures) should be incorporated

into all relevant bidding documents, contracts, and work orders.

Prohibitions The following activities are prohibited on or near the project site:

Cutting of trees for any reason outside the approved construction area;

Hunting, fishing, wildlife capture, or plant collection;

Use of unapproved toxic materials, including lead-based paints, asbestos, etc.

Disturbance to anything with architectural or historical value; Building of fires;

Use of firearms (except authorized security guards);

Use of alcohol by workers.

Construction Management Measures Waste Management and Erosion - solid, sanitation and hazardous wastes must be properly controlled,

through the implementation of the following measures:

Waste Management:

Minimize the production of waste that must be treated or eliminated.

Identify and classify the type of waste generated. If hazardous wastes (including health care

wastes) are generated, proper procedures must be taken regarding their storage, collection,

transportation and disposal.

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Identify and demarcate disposal areas clearly indicating the specific materials that can be deposited

in each.

Control placement of all construction waste (including earth cuts) to approved disposal sites (>300 m

from rivers, streams, lakes, or wetlands). Dispose in authorized areas all of garbage, metals, used

oils, and excess material generated during construction, incorporating recycling systems and the

separation of materials.

Maintenance:

Identify and demarcate equipment maintenance areas (>15m from rivers, streams, lakes or

wetlands).

Ensure that all equipment maintenance activities, including oil changes, are conducted within

demarcated maintenance areas; never dispose spent oils on the ground, in water courses,

drainage canals or in sewer systems.

Identify, demarcate and enforce the use of within-site access routes to limit impact to site

vegetation.

Install and maintain an adequate drainage system to prevent erosion on the site during and

after construction.

Erosion Control

Erect erosion control barriers around perimeter of cuts, disposal pits, and roadways.

Spray water on dirt roads, cuts, fill material and stockpiled soil to reduce wind-induced erosion,

as needed.

Maintain vehicle speeds at or below 10mph within work area at all times.

Stockpiles and Borrow Pits

Identify and demarcate locations for stockpiles and borrow pits, ensuring that they are 15

meters away from critical areas such as steep slopes, erosion-prone soils, and areas that

drain directly into sensitive water bodies.

Limit extraction of material to approved and demarcated borrow pits.

Site Clean-up

Establish and enforce daily site clean-up procedures, including maintenance of adequate

disposal facilities for construction debris.

Safety during Construction The Contractor’s responsibilities include the protection of every person and nearby property from construction

accidents. The Contractor shall be responsible for complying with all national and local safety requirements

and any other measures necessary to avoid accidents, including the following:

Carefully and clearly mark pedestrian-safe access routes.

If school children are in the vicinity, include traffic safety personnel to direct traffic.

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Maintain supply of supplies for traffic signs (including paint, easel, sign material, etc.), road

marking, and guard rails to maintain pedestrian safety during construction.

Conduct safety training for construction workers prior to beginning work.

Provide personal protective equipment and clothing (goggles, gloves, respirators, dust

masks, hard hats, steel-toed and –shanked boots, etc.,) for construction workers and enforce

their use.

Post Material Safety Data Sheets for each chemical present on the worksite.

Require that all workers read, or are read, all Material Safety Data Sheets. Clearly explain the risks to them

and their partners, especially when pregnant or planning to start a family. Encourage workers to share the

information with their physicians, when relevant.

Ensure that the removal of asbestos-containing materials or other toxic substances be

performed and disposed of by specially trained workers.

During heavy rains or emergencies of any kind, suspend all work.

Brace electrical and mechanical equipment to withstand seismic events during the

construction.

Nuisance and dust control To control nuisance and dust the Contractor should:

Maintain all construction-related traffic at or below 15 mph on streets within 200 m of the

site.

Maintain all on-site vehicle speeds at or below 10 mph.

To the extent possible, maintain noise levels associated with all machinery and equipment

at or below 90 db.

In sensitive areas (including residential neighbourhoods, health centers, rest homes, etc.)

more strict measures may need to be implemented to prevent undesirable noise levels.

Minimize production of dust and particulate materials at all times, to avoid impacts on

surrounding families and businesses, and especially to vulnerable people (children, elders).

Phase removal of vegetation to prevent large areas from becoming exposed to wind.

Place dust screens around construction areas, paying particular attention to areas close to

housing, commercial areas, and recreational areas.

Spray water as needed on dirt roads, cut areas and soil stockpiles or fill material.

Apply proper measures to minimize disruptions from vibration or noise coming from

construction activities.

Community Relations To enhance adequate community relations the Contractor should:

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Following the country and ESIA requirements, inform the population about construction and

work schedules, interruption of services, traffic detour routes and provisional bus routes, as

appropriate.

Limit construction activities at night. When necessary ensure that night work is carefully

scheduled and the community is properly informed so they can take necessary measures.

At least five days in advance of any service interruption (including water, electricity,

telephone, bus routes) the community must be advised through postings at the project site, at bus

stops, and in affected homes/businesses.

Respect the surrounding community culture and manage correctly their expectations through

open communication;

Include in your module inductions aspects related to interaction with local community,

respect, local values, sexual harassment, sexual transmissible diseases;

Don´t employee staff below minimum age legal limit according to Angolan Labor Law.

Chance Find Procedures for Culturally Significant Artifacts In case culturally valuable materials are uncovered during excavation:

Stop work immediately following the discovery of any materials with possible archaeological,

historical, paleontological, or other cultural value, announce findings to project manager and

notify relevant authorities;

Protect artefacts as well as possible using plastic covers, and implement measures to

stabilize the area, if necessary, to properly protect artefacts

Prevent and penalize any unauthorized access to the artefacts

Restart construction works only upon the authorization of the relevant authorities.

Environmental Supervision during Construction The bidding documents should indicate how compliance with environmental rules and design specifications

would be supervised, along with the penalties for non-compliance by contractors or workers. Construction

supervision requires oversight of compliance with the manual and environmental specifications by the

contractor or his designated environmental supervisor. Contractors are also required to comply with national

and municipal regulations governing the environment, public health and safety.

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ANNEX IX: ENVIRONMENTAL CONSIDERATIONS TO BE INCLUDED IN THE ToR for LAND REGULARIZATION SERVICE PROVIDER

The land regularization and delimitation process should be preceded by an environmental screening process

and preparation of TORs for Services providers taking into account the following legal aspects related to

partial protection zones:

(a) The strip of land bordering inland waterways and navigable lakes up to 50 meters measured from the

maximum line of such waters;

b) The range of land up to 100 meters adjacent to the water springs;

c) The strip of the seafront and in the outline of islands, bays and estuaries, measured from the water line a

distance 100 meters to the interior of the territory;

d) The range of land in the contours of dams and reservoirs up to 250 meters;

e) The two-kilometre buffer area along the land border.

f) 15-meter buffer zone for secondary and tertiary roads;

g) 30 Meters buffer area for Primary roads t;

h) The confining 50-meter strip of land Motorways and four-lane roads and;

(i) Confining 50-meterstrip of land for air, surface, underground and submarine installations and lines of

electricity, telecommunications, oil, gas and water;

j) 50-meter border strip for Railway lines and their stations;

k) 100-meter boundary buffer area for Airports and aerodromes;

l) Military installations and other defence and security facilities of the State and the 100-meter buffer zone;

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ANNEX X- GRIEVANCE REGISTER FORM

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REPÚBLICA DE MOÇAMBIQUE MINISTÉRIO DA TERRA AMBIENTE E DESENVOLVIMENTO RURAL FUNDO

NACIONAL DE DESENVOLVIMENTO SUSTENTAVEL

PROJECTO1 ___________________ REGISTO DE DIÁLOGO E RECLAMAÇÕES FORMULÁRIO

Nome: Nº de Telefone: Outro meio de contacto:

Género: M F Idade:

Comunidade:

Posto Administrativo:

Distrito:

Província:

Data de recepção: __________/___________/_______ Resumo do Conteúdo: __________________________________________________________________________________________________________________________________________________________ _____________________________________________________________________________ __________________________________________________________________________________________________________________________________________________________ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

Mecanismos de Diálogo e Reclamações

PROJECTO ___________________ Nome _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Data_ _ /_ _ /_ _ Assinatura Reclamante Assinatura Receptor

1 Os projectos referem-se as iniciativas actualmente em implementação pelo Fundo Nacional de Desenvolvimento Sustentável, nomeadamente MozBIO, MozFIP, SUSTENTA, ZILMP, MozDGM, e Mozland.

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ANNEX XI: SOCIAL RISK MITIGATION STRATEGY

The 1997 Land Law and other legislation and regulations that establish the rights of communities and rural

households to land, and the regularization procedures for those rights in Mozambique present significant

gaps with respect to, among other things, legal community representation and the community governance of

rights to land and natural resources. These gaps and the related social risks are exacerbated by

weaknesses in community capacity, lack of clarity regarding implementation and enforcement of community

rights, and deficiencies in the land administration system.

The Project is designed to improve security of land tenure rights and improve the land administration system,

including the management capacity of all actors involved in the system down to the level of communities

themselves. To this end, the Project includes institutional improvements, capacity building and regularization

processes of community delimitation (DELCOM) and issuance of DUAT certificates (not registered) at the

individual (household) level. Given GOM priorities and to accelerate the visibility of the Project and the

issuance of the DUAT certificates, the Project is adopting an implementation strategy that will continue to

implement the regularization process based on current practices, and, in parallel, support the legal and

regulatory reforms, capacity building and response to the identified gaps.

In order to mitigate the risks posed by these gaps in this context of parallel actions, the safeguards measures

described in the Table below are required. The Borrower and the Bank can agree on adjustments to improve

processes and efficiency and reflect changes and circumstances (such as regulatory and institutional

changes). These measures constitute essential complementary and additional elements that must be

integrated in the detailed Regularization Methodology to be used to carry out the Project regularization

component (and eventually formalized as part of the Technical Annex that regulates the DELCOM/LTR

processes and other legal instruments.

RISKS MITIGATION MEASURES Base risk MitigatedInadequate quality of the regularization processes

Hire an NGO or another specialized entity to carry out independent process quality assurance, support application of safeguards in specific cases, implement the GRM, sensitize the community and the service providers regarding the specific issues set forth in this table; and train facilitators, paralegals and other technical and legal assistance providers on legal land rights and the program methodology and procedures.

High Moderate/ Low

Inadequate treatment and support of community rights

Regulate and monitor the quality of the regularization process through an Independent Process Quality Assurance (IPQA entity which, among other tasks will verify the readiness of each community to advance from one phase of regularization to the next.

Divide the regularization process in three phases

High Substantial/Moderate

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RISKS MITIGATION MEASURES Base risk Mitigatedseparated by community readiness criteria to be independently evaluated before the Service Provider can advance to the next phase (and get paid for the completed phase):

1) Community preparation and consultation concluding with the decision of the community regarding whether to proceed with DELCOM and /or LRT (R-DUAT) (sensitization, PRA, designation of the group that will represent the community in the regularization process and agreement on its preliminary statutes/rules)

2) DELCOM concluding with the validation stage (cartogram, plotting, georeferencing)

3) LRT (R-DUAT) including submission to the SPGC and distribution of certificates; preparation of the community agenda; legal constitution of the entity that will represent the community and its statutes (membership control, land governance rules, member selection, accountability)

The readiness criteria can be defined in greater detail, but for phase 1 they will include the documentation of the community consultation and the decision on how to regulate (including the formal request from the community to the district to be delimited), and the designation of the group representing the community and a proposal of its rules of operation and legal identity.

Minimum deadlines for each step will be clearly established to comply with the law (e.g., 30 days for revision of the R-DUAT) and can be extended at the request of the communities.Standardize and strengthen the content of the delimitation certificates so that they are clear about the scope and legal framework of the rights; e.g., “certifies the rights described in article XX and certifies the delimitation carried out in accordance with Article XX and establishes the area on which the Community exercises all the rights laid down in the applicable laws.”

Accompany the delivery of the certificate with the delivery of Tools to facilitate the exercise of rights

1) Geo-referenced Map of the Delimited Area showing current use and areas of communal interest (instructions on how to update)

2) List (census) of community members (Co title holders) (instructions on how to update)

3) Summary of the rights and obligations of the communities in relation to their delimited land area and the resources therein, with reference to relevant legal instruments (used with the community in the awareness process). Note: The summary of rights and obligations should also be delivered along with the R-DUAT

Ensure appropriate technical and legal definitions The family or individual R-DUAT must recognize the

area of occupation according to customary norms and legitimized by the community, regardless of its state of use

The representative entity must be developed by the Community considering the existing leadership and governance structures in the community

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RISKS MITIGATION MEASURES Base risk Mitigated Areas of community use/interest must be identified and

not covered by R-DUAT or covered with an access easement

Vulnerability and Special cases:

The Methodology should address specifically (especially in terms of awareness and preparation), the following themes:

Gender equity Promotion of Co-titling between spouses and heirs Guidance for non-Mozambican nationals (on the

request of a DUAT) Agreements between communities to share resources

in border areas of common use among their members Guidance to land users who wish to form a productive

association and obtain the corresponding DUAT, or to existing associations that need to perfect their DUATs

Possibility of re-dimensioning of DUAT areas in case of conflicts between occupants (with potential claims) and holders of DUAT

Exclusion of previously resettled groups except when a community has resources and willingness to integrate them

Free and effective legal support to the community and its members

Substantial

Moderate/ Low

People lose land rights /shelter in Exclusion zones" (full and partial protection zones)

The Land Law establishes areas of total protection (in general environmental protection-margins of water bodies, hills, etc.), and partial protection (areas established as a result of the installation of infrastructures of the process of regularization. In these areas it is not possible to obtain a DUAT, so they will be delimited and excluded from the R-DUAT emission process. The rights of communities in these areas are defined in sectoral laws. Impacts on acquired rights and on the livelihood of people occupying said areas should be addressed as follows:

1) People in areas of permanent protection (environmental) do not have DUATs: a) will not be resettled by the project b) will be directed to seek options for having parcels assigned within the community; c) In the case of immediate eviction, they will be oriented to the MDR for a vulnerability assessment and if vulnerable will be assisted according to the RPF.

2) People in areas of partial protection (infrastructure) will: a) receive a DUAT to the remaining area of their parcel that is eligible for DUAT, excluding the PPZ; b) receive proof of occupation of the PPZ area not eligible for DUAT; c) be directed to the GRM for legal guidance: Determine whether they potentially had a DUAT before the infrastructure was installed; if so receive guidance on options — expropriation or special license; d) In case of eviction, vulnerability determination and if positive, assistance according to the RPF.

Note: The possibility of eviction is remote since the project does not require it, but it could occur if the housing is in the PPZ and the remaining parcel is not viable.

Substantial

Moderate

Conflicts Administrative DUATs will be excluded from the process Moderate Low

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RISKS MITIGATION MEASURES Base risk Mitigatedbetween DUATs result in Households losing rights or becoming landless

of regularization. So, their relevance will be limited to cases where there are occupations and claims of rights on their areas. In these cases:

Valid DUATs with occupation by informally authorized users do not require any action, but in case of eviction the affected party will have access to the GRM for assistance with facilitation of Voluntary re-dimensioning or application for receiving other Community Lands If possible

In case of loss of residence and vulnerability they will be assisted according to the RPF

In the case of expired or invalid DUATs and the possibility of valid rights on the part of the occupants, they will receive legal support to present their complaints before the proper authorities in order to establish their rights and obtain an R-DUAT

Conflicts between neighbors or others are not resolved or forwarded to suitable instances; Communities or individuals lose rights in the process due to lack of legal guidance

The project must include a suitable mechanism for resolution of complaints. This mechanism will be led by the independent process quality entity and complemented by the existing mechanisms at the local and national levels.

The IPQA entity will register all complaints and conflicts and will support communities and service providers in their resolution or channeling to other instances. In the first instance, the IPQA entity will screen the claims and act as the first instance of resolution to resolve basic conflicts (of boundaries between parcels, limits and sharing of benefits between communities, voluntary DUAT re-dimensioning agreements, or reassignment of community land, etc.). More complex cases will be duly registered and referred to the relevant instances. The IPQA entity will follow-up to re-integrate the area under conflict to the regularization program whenever possible, or to document the case for future follow-up by local authorities. The team of Paralegals or similar of the IPQA entity will provide the necessary legal support to the communities and their members throughout the process.

Substantial

Moderate / Low

The community does not value the DUAT and/or the land and, therefore does not updated the cadaster; does not exercise the effective governance of community areas and resources; And/or does not negotiate effective agreements for mutual benefits with partners

The value of secure tenure and the importance of keeping the cadaster up to date will be addressed during sensitization, community preparation and throughout the process.

Phase 3 will include the consolidation of the Community Representation entity (whenever possible with defined legal personality and statutes approved by the community), and post regularization community capacity building that deepens the socialization of the Community Agenda; reinforces the messages and tools from prior phases and connects the community with potential sources of information, service providers, NGOs and other partners who could eventually support the implementation of the Community agenda.

It is understood that this is a first step in a long process, which must concentrate efforts on the empowerment of the entity that legally represents the community and any other community level management committees, with an emphasis on natural resource management, community financial management, and accountability processes; and cadastral updates.

Substantial

Moderate

ESMF 124

ESMF for Mozland

RISKS MITIGATION MEASURES Base risk MitigatedWhere possible, this should include actions to integrate the community with other programs available in its area of Influence, and with sources of information on the value of their land and the terms and conditions of partnerships in productive sectors where the community has some potential.

ESMF 125