SUMMARY OF THE ABBREVIATED RESETTLEMENT ACTION PLAN (ARAP)

14 Pages·2015·0.45 MB·English

Language: English
Original: English

AFRICAN DEVELOPMENT BANK GROUP

SUMMARY OF THE ABBREVIATED RESETTLEMENT
ACTION PLAN (ARAP)

FOR THE
ORGANIC SUGAR PROJECT OF PURE DIETS MOZAMBIQUE S.A.
IN
MOZAMBIQUE
0CTOBER 2015

E&S Team: Erika Auer, Senior Social Development Specialist, ONEC3
Kelello NTOAMPE, Environmental Scientist, ONEC3
Sector Director: K. DIALLO
Regional Director: K. MBEKEANI
Resident Representative: J. RIBEIRO
Division Manager: M. CISSE

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Pure Life Abbreviated Resettlement Action Plan (A-RAP) Summary

Project Title: Pure Life Organic Sugar
Project SAP Code: P-MZ-AAG-005
Country: Mozambique Department: OPSD
Division: OPSD2 Date of Submission: 11/09/2015
Project Task Manager/ Alternate Task Managers: O. Afun-Ogidan / N. Vij / A. Valko-
Celestino

1. Description of the project, project area and area of influence
This is a summary of the abbreviated RAP developed for Pure Diets Mozambique SA by Protiviti
Global consultancy firm in 2015.

Pure Diets Mozambique SA (PDMSA) has proposed to set up organic sugarcane plantations, a
sugar mill of 3500 tonnes of cane per day (TCD) expandable to a 5000 TCD capacity along with
a 12 megawatts (MW) capacity co-generation power project for captive consumption (herein
referred as “project”). PDMSA has also proposes to bring initially 4311 hectares (ha) of land under
organic sugarcane cultivation in a phased manner. An additional 650 ha of land shall be used for
setting up necessary infrastructure like factory, roads, housing, and reservoirs. Out of this 650 ha,
200 ha is reserved for the factory. The power generated by the cogeneration plant will be utilized
for its own captive consumption and irrigation facilities.

The site is located at Malengane, Moamba District, Maputo Province in Mozambique. The project
area is located in Mozambique in the continent of Africa. Mozambique is surrounded by Malawi
and Tanzania in the North, Zambia and Zimbabwe in the West, Pretoria in South. The eastern
border is Indian Ocean. Mozambique is divided in to 11 provinces. The Maputo province is the
southernmost. The project is located at Moamba district in Maputo province on the South of
Incomati River bank, in Sabie Administrative Post, in the locality of Malengane. Moamba is well
connected by road and rail.

2. Potential impacts
There will be a significant impact of loss of structures that will be caused by the proposed project
mainly the construction of the organic sugar mill .Types of houses to be affected are largely the
made from mud, straw and locally available wood and bushes. Project Affected Persons (PAPs)
loosing residential structures are entitled to the compensation in form of housing structure to be
constructed in accordance with national standards (more details provided in Sections 9 and 11.1).
Demolition of outer structures and services such as fences, stores, toilets and kitchens will result
in loss of PAPs basic services that individuals, family or enterprises depend upon for sanitation,
security and general well-being, however, this will not necessitate physical relocation of PAPs or
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loss of business. The proposed project will result in loss of land mainly for used by the PAPs for
cattle grazing. A total of 64 cattle (cows and goats) are available with PAPs.

The project area that was considered was inspected and recommended by government officials
(land department) as it would impact a limited number of families (5). The area would also be
advantageous from logistic perspective for the factory. The project has decided to consider the
area based on the recommendations and considering limited number of families to be displaced.

3. Organizational responsibility
The community relationship department at PDMSA is mainly responsible for implementation,
monitoring and evaluation of resettlement action plan. As per article 6, 7 and 8 of Regulations for
the Resettlement Process Resulting from Economic Activities Decree 31/2012 of 8 August, a
technical committee shall also be formed. Internal monitoring for A-RAP implementation will be
carried out throughout the resettlement process. PDMSA should agree on the maximum time of
vacating and this should be done once all PAPs have received their compensation. It is
recommended that maximum time of vacating could be six months. The community relationship
department will keep a record of all progress and prepare regular monitoring resettlement
implementation reports that outline the successes and challenges encountered and submit to
Director. To ensure the efficiency, the community relationship department will facilitate
monitoring and reporting activities, provide regular reviews and quality control in addressing
provisions of the A-RAP. Data from field surveys will be used as the benchmark for monitoring
the progress of RAP implementation. PDMSA will submit quarterly monitoring report to the
lenders, it will be go along with the environmental and social management plan reporting.

4. Land Lease
As per article 3 and 4 of the Land Law 19/97 – Government of Mozambique the entire land is
owned by state.PDMSA had involved all the community leaders and Government officials in the
conception stage of the project and signed the Memorandum of Understanding (MOU) with
community leaders for processing the DUAT (land lease documents issued by Government of
Mozambique- Annexure 1 of the ESIA report) with the Director of Provincial Agriculture. Based
on the declaration, a model map is being prepared by the Government surveyors and it was referred
to the community leaders for their attestation for making the final map. The Temporary land title
(TEMPORARY DUAT) was issued to PDMSA by the Director of Provincial Agriculture. The
Temporary DUAT is issued by the Director of Provincial Agriculture directly if the size of land is
up to 1000 ha. If the land size is 1001 to 5000 ha and above 5000 ha, the temporary DUAT will be
issued by the Director Provincial Agriculture after getting approval from the Minister of
Agriculture and Land and the President respectively.

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5. Community participation
The households affected by the project were duly consulted in the presence of government
representatives and district administrator. They declared their willingness to relocate if they are
compensated as per Mozambican law. The households indicated their preference of relocating to
a site close to their current homesteads (houses made with mud and straw). Their concerns are
addressed in a Memorandum of Understanding which is signed by the heads of 5 families,
government officials and PDMSA. PDMSA has committed to fulfil the following:
 Permanent Housing at Better Place
 Houses to be constructed as per national standards
 Arrangement of temporary housing
 Graveyard Relocation and ceremonial assistance will be provided by PDMSA
 Employment for families sugarcane fields, sugar mill etc.
 Other general social benefits from the project such access to education, water,
sanitation facilities and healthcare facilities,
 Access to pasture land that is proposed to be developed by PDMSA for cattle grazing.

6. Integration with host communities
The site selection is done considering the requirements of article 17 and 18 of Mozambique
Regulations for the Resettlement Process Resulting from Economic Activities Decree 31/2012 of
8 August. Soil test shall be conducted prior to start of the construction. The site is well located
with sufficient natural drainage and hence there are no chances of flooding. The households will
be relocated within the same community (1 km away from the existing location) and the
community was consulted for their consent on relocation of these families.
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7. Socio-economic studies
The following table demonstrates the result of the census survey undertaken by PDMSA.
Sl# Parameters Manjate Family Chewane Family Nkuna Family Xivite Family Chauke Family
1 Number of Men 3 2 3 2 1
2 Number of women 4 2 1 2 2
3 Number of children 1 4 3 1 2
4 Source of water River – Inkomati River – Inkomati River – Inkomati River – Inkomati River – Inkomati
5 Number of structures 2 3 2 1 1
6 Source of food Vegetable and Vegetable and Vegetable and Vegetable and Vegetable and
Poultry Poultry Poultry Poultry Poultry
7 Medical facility Sabie Hospital Sabie Hospital Sabie Hospital Sabie Hospital Sabie Hospital
and Traditional and Traditional and Traditional and Traditional and Traditional
Medicine Medicine Medicine Medicine Medicine
8 Number of people 1 1 None None None
employed
9 General educational Uneducated Uneducated Uneducated Uneducated Uneducated
level of family
10 Diseases in Last 5 years Malaria & Malaria & Malaria & Malaria & Malaria &
Diarrhoea Diarrhoea Diarrhoea Diarrhoea Diarrhoea
11 Any physical None None None None None
disability/disable family
members
12 Availability of Mobile Phones Mobile Phones Mobile Phones Not Available Not Available
communication facilities
like mobile phones
13 Availability of Radio Available Available Available Not Available Not Available
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14 Availability of Banking Not Available Not Available Not Available Not Available Not Available
Facilities/ Financial
Inclusion
15 Language Spoken Tsonga & Tsonga & Tsonga & Tsonga & Tsonga &
Portuguese Portuguese Portuguese Portuguese Portuguese
16 Number of cattle 9 48 5 Not Available Not Available
17 Source of Income Employment in Seasonal Self-Employment Self-Employment Self-Employment
nearby Employment and
companies some vegetable
farming
18 Education Facilities Primary School is Primary School is Primary School is Primary School is Primary School is
available now – available now – available now – available now – available now –
by PDMSA by PDMSA by PDMSA by PDMSA by PDMSA
19 Transportation Facilities Local Bus or Local Bus or Local Bus or Local Bus or Local Bus or
Common Common Common Common Common
Tractors Tractors Tractors Tractors Tractors
20 Owned Vehicles Bicycle None None Bicycle Bicycle
21 Permanent Cropping/ None None None None None
Agriculture/Standing
Crop
22 Type of Housing Made from Made from Made from Made from Made from
Straw, Mud and Straw, Mud and Straw, Mud and Straw, Mud and Straw, Mud and
locally available locally available locally available locally available locally available
material material material material material
23 Sanitation Facilities Toilets made Toilets made Toilets made Toilets made Toilets made
from locally from locally from locally from locally from locally
available available available available available
material/ Open material/ Open material/ Open material/ Open material/ Open
Sanitation Sanitation Sanitation Sanitation Sanitation
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8. Legal framework, including mechanisms for conflict resolution and appeal
This A-RAP has been prepared in consistent with the applicable policy provisions of the
Government of Mozambique and those of the African Development Bank- Integrated Safeguard
Systems (ISS), NedBank- IFC Performance Standards (PS) and Equator Principles and Deutsche
Bank Africa Agriculture and Trade Investment Fund (AATIF)- social and environmental (S&E),
and labour requirements in collaboration with the International Labour Organization (ILO) and
United Nations Environmental Programme (UNEP). The requirements are outlined below:

8.1. Government Legislation
 All articles of the Land Law 19/97 – Government of Mozambique
 Regulations for the Resettlement Process Resulting from Economic Activities Decree
31/2012 of 8 August Article 1- 28

8.2. International Requirements
 Africa Development Bank – Integrated Safeguard System
OS2 - Involuntary Resettlement: Land Acquisition, Population Displacement and
Compensation
 Ned Bank- IFC Performance Standards
PS5 - Land Acquisition and Involuntary Resettlement
 AATIF- S&E Requirements on resettlement

9. Institutional framework
The community relationship department at PDMSA is mainly responsible for implementation,
monitoring and evaluation of resettlement action plan. As per article 6, 7 and 8 of Regulations for
the Resettlement Process Resulting from Economic Activities Decree 31/2012 of 8 August, a
technical committee shall be formed with the following objectives:
 To monitor, supervise and make methodological recommendations for the entire
resettlement process
 To issue technical opinions about the resettlement plans
 To prepare monitoring and evaluation reports of the resettlement process, taking into
account the previously approved plans
 To propose the notification of the proponent of an activity to provide information about the
progress of the resettlement process
 To prepare the draft Internal Regulations of the Committee
 To propose complementary rules for the implementation of these Regulations ‘

The following members will form the part of technical committee:
 Member from PDMSA
 Member of the Local Administration sector
 Member of the Public Works and Housing sector
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 Member of the Agricultural sector
 Member of the Provincial Government
 Member of the District Government

Other possible stakeholders who will be involved in the committee are:
 Representatives of the affected population
 Representative of Civil Society
 Community leaders

As per article 16 of the aforementioned legislation, the resettlement process will adhere to the
following model:
1. Type of Housing -a) Organised housing plot with infrastructures; b) Housing with at least
type III characteristics (three bedrooms), with an area of 70 m2.
2. Construction Material- The houses defined in the previous paragraph are built with
conventional material (stonework) and according to an approved design.
3. Local Characteristics-The housing projects shall follow the social and cultural
characteristics of the resettlement place.
4. Vegetation Conservation- During house building the preservation of the vegetation shall
be guaranteed.
5. Economic Security-The continuation of the performance of subsistence activities shall be
guaranteed in the resettlement places, according to the cases, or income generation
programmes shall be defined.
6. Supporting Facilities-The resettlement process is accompanied by the establishment of
access roads, a water supply system, sanitation, electrification, health post, school, day-care
centre, market, shops, police station, leisure and recreation sites, sports facilities, worship and
meeting places.
7. Type of Area for Economic Activities-In resettlement places there shall be areas reserved
for the practice of agriculture, cattle breeding and other activities.

10. Eligibility
Project Affected Person (PAP) is defined as “Any person who, as a result of the implementation
of the project, loses the right to own, use, or otherwise benefit from a built structure, land
(residential, agricultural, pasture or undeveloped/unused land), annual or perennial crops and trees,
or any other fixed or moveable asset, either in full or in part, permanently or temporarily. Affected
people might be displaced either physically (“Physically Displaced People”) or economically
(“Economically Displaced People”).”

11. Valuation of, and compensation for losses
The calculation of compensation and other resettlement allowances for displaced property owners
based on the national legislation was done. The value of housing structure or asset (direct
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comparison method) and any crops (earnings approach) as determined by the valuation
assessments. The valuation has been done to include:
 Relocation or loss of shelter- Housing to be arranged for PAP as per Government of
Mozambique;
 Relocation of graves and associate ceremonial alliance- as per Government of
Mozambique;
 Relocation to temporary housing arrangement till the time permanent housing is under
construction;
 Loss of assets or access to assets (for example grazing area for cattle);
 Loss of income sources or means of livelihood, whether or not the affected persons must
move to another location and/or provided with residential housing, or housing sites, or as
required, agricultural sites for which a combination of productive potential, location
advantages, and other factors is at least equivalent to the advantages of the old site. For all
affected properties a survey was conducted to determine current replacement costs such as
cost of construction materials, transportation costs, and labour costs at the date of valuation
as well as rates of compensating permanent crops.
Spot valuation was conducted at the site. Spot valuation was based on visual inspection and
physical counting technique. Physical verification of structures, assets, etc. was done.

11.1. Loss of Structures (residential structures)
There will be a significant impact of loss of structures that will be caused by the proposed
project mainly the construction of the organic sugar mill. Types of houses to be affected are
largely the made from mud, straw and locally available wood and bushes. PAPs loosing
residential structures are entitled to the compensation in form of housing structure to be
constructed in accordance with national standards. As per the article 18 of Regulations for the
Resettlement Process Resulting from Economic Activities Decree 31/2012 of 8 August, the
following housing standards shall be strictly adhered to:

The following criteria are considered for the definition of the size of the housing plot:
- Suitability for construction, with an inclination not higher than 10%, areas without a
high water table;
- In rural areas the area of the plot shall not be less than 5,000 m2 ;
- Front access to the road;
- Natural ventilation;
- Access to water and other infrastructures;
- Access to social facilities.
- In rural areas physical spaces for vegetable production and the breeding of poultry and
other animals shall be guaranteed.

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