5.0 GUIDING PRINCIPLES FOR THE VARIOUS OF LAND ACQUISITION MECHANISMS 20 5.1 PREVIOUS AND CURRENT LAND ACQUISITION PRACTICE FOR MINED AND INEFP SCHOOLS 20 5.2 PROPOSED LAND ACQUISITION MECHANISM 20 5.3 VOLUNTARY LAND CONTRIBUTION WITH COMPENSATION 22 5.4 VOLUNTARY LAND CONTRIBUTION WITHOUT COMPENSATION 22 5.5 INVOLUNTARY ACQUISITION OF LAND 23 6.0 ELIGIBILITY CRITERIA AND CONDITIONS FOR DISPLACEMENT OF 24 PROJECT AFFECTED PERSONS 24 6.1 WORLD BANK CRITERIA FOR DETERMINING ELIGIBILITY FOR COMPENSATION 24 6.2 PROCEDURES FOR PAYMENT OF COMPENSATION 25 6.3 MOZAMBICAN LEGISLATION ON COMPENSATION 25 6.4 COMPARISON OF MOZAMBIQUE LAW AND THE BANK OP 4.12 REGARDING COMPENSATION 26 6.5 7. 7.1 7.2 7.3 CONDITIONS TO BE FOLLOWED IN DISPLACEMENT OF PEOPLE NOTIFICATION, VALUATION PROCEDURES AND ENTITLEMENTS NOTIFICATION PROCEDURE VALUATION FOR STATE OWNED LAND VALUATION FOR CUSTOMARY LAND 26 28 28 28 28 7.4 CALCULATIONS FOR COMPENSATION PAYMENTS AND RELATED CONSIDERATIONS 29 7.5 8. 8.1 8.2 8.3 8.4 8.5 8.6 9. ENTITLEMENTS FOR COMPENSATION PROCEDURE FOR DELIVERY OF COMPENSATION CONSULTATION AND PUBLIC PARTICIPATION NOTIFICATION OF LAND RESOURCE HOLDERS DOCUMENTATION OF HOLDINGS AND ASSETS COMPLAINTS AND GRIEVANCES MECHANISMS AGREEMENT ON COMPENSATION AND PREPARATION OF CONTRACTS COMMUNITY COMPENSATION PAYMENTS BUDGETARY IMPLICATIONS AND FUNDING 33 35 36 36 36 36 38 38 39 iv
APPENDIX 1.1 Training Institutions of DINET and INEFP Proposed for Piloting and Rehabilitation under PIREP Nº 1 2 All Tourism and Admin Hotels Catering Others ¾ Secretarial/ Board Assistant ¾ ¾ Accounting and Auditing (3 occupations) ¾Front desk officers ¾Cooks and waiters ¾Receptionist Hotel Manager/ Catering (4 occupations) Levels III III & IV III & IV II II III IV Sector and Society (already identified) ¾ CTA (Confederation of Trade Association) ¾ Economists Associations ¾ Accounting and Auditing Companies ¾ Industrial & Association Nampula. ¾ Tourism Association ¾ Nampula. ¾ Hotel Cabo Delgado. ¾ South Professionals of Tourism Association Region North (1) Center (1) South (2) North (1) (1) National Providers Institutions ¾ Industrial and Comercial School 3 de Fevereiro, Nampula (IPF 01) Industrial and Commercial Institute ¾ (IPF 02) Maputo Commercial Institute (IPF 03) ¾ Lhanguene Comercial School (IPF 04) ¾ Pemba Industrial and Commercial Institute ( 05) ¾ Eduardo Mondlane Industrial and Comercial School , Inhambane (IPF 06) Mobile Unit ¾ , INEFP (IPF 07) 47 e
-Loss of Premises -Loss of business None None costs for non- movables if installation was agreed with owner. None Where possible assistance in None For loss of business, payment of lost income at an agreed rate (say payment of six months of past year average turnover) -Cash compensation for trees/crops at Loss of shelter, assets Csassehscompprenseamiontsfoars a t /i m tn ov e securing other access to land for replacement cost in scarce season. Encroachers and land for identified by the census growing crops, subject to approval -Allow for sufficient time to harvest crops (using Land) Squatters (living on Site) Community cultivation where applicable Loss of Shelter Public facilities on the affected land. -Compensation at full replacement value for structure, -relocation to resettlement site, with payment of site rent. -Compensation at full replacement value for structure, -relocation to resettlement site, with payment of site rent. of local Authorities/communities None -Land replacement at new site, plus land clearing by the project facilities, connection to utilities and provision of access -allow for sufficient time to relocate -For street vendors on right of ways allow possible access to other sites/locations -Payments in lieu of wages while rebuilding -Disturbance assistance -Transport assistance if relocating -For loss of business, payment of lost income of alternative temporary facilities during construction, where appropriate. Note: All payments to be made in Mozambique Meticais.
APPENDIX 7.4 Example for Calculating Compensation for Fruit Trees Fruit Trees, e.g. Cashew, Coconut, Guava and Mangoes Estimated Avg. Fruit Yield (kg) of mature tree Estimated used Market • Peak of harvest season (March/April) • End of season (late May) Price used as basis of this estimate to Production to Maximum Production of Sapling Estimated Avg. Fruit Yield (kg) of Mature tree Estimated Yield used Market (varies according to variety) 800 to 1,300 kg/year Ten (1, 000kg)/tree/year Meticais/kg Meticais/kg 80% height of season; 20% end of season Six to seven Twenty Meticais, locally available Grafted Fruit Trees, e.g. Mangoes 800 to 1,300 kg/year Almost entire yield due to market value . • Height of harvest season (June/September) Meticais/kg Price used as basis of this estimate Price per fruit or sac (100kg) as quoted by grower Years to Production Four to five Years to Maximum Production Eight Costs of Sapling Meticais, not locally available. 61
Proposed schedule for fruit (e.g. Coconut, Cashew, Guava or Mango) trees cut down Average age of tree Sampling planted after project cut-off date in area will not be eligible for compensation Sampling/young tree First minor production 12-50 fruits occurs about age 4-5 Guava/Mango Trees Producing Mature Trees - Low or Non- Fruit Producing Estimate age (yrs) 0-1 1-6 6-30 30+ In kind replacement for guava and mangoes Deliver to farmer: -Choice of two guava or mango tress - (local and/or improved grafted) -Supplies: fencing to protect, tree, a bucket for watering and a spade Deliver to farmer -Choice of two guava or mango trees. -(local and/or improved grafted) -Supplies: fencing to protect Tree, a bucket for watering, and a Deliver to farmer: -Choice of two guava or mango trees and/or improved grafted) -Supplies: fencing to protect Tree, a bucket for watering, and a Spade Same as for mature trees above Credits/Financial support Meticais Equivalent of x no. Metcais in credits or other financial support for labor invested in planting, fencing, and watering, made in one payment. Equivalent of X no. Meticais in credits or other financial support for labor invested in planting, fencing, and watering, made in one payment. Equivalent of X no. Meticais in credits or other financial support, representing eight years, (8 years x 10 sacks x X Meticais/sack) lost income/subsistence replacement trees begin production. This rate to be agreed by farmers. Equivalent of X no. Meticais in cash or equivalent financial support to be paid in one installment. Same as above No compensation will be paid for minor pruning of trees. Compensation for removal of limbs will be prorated on the basis of the number of square metres of surface area removed. The total surface area of the tree will be calculated using the following formula: (1/2 diameter of canopy)2 x 3.14. APPENDIX 9.1 Contents of a Comprehensive Compensation Budget (in # 62