REPÚBLICA DA ANGOLA

WATER SECTOR INSTITUTIONAL DEVELOPMENT PROJECT

RESETTLEMENT POLICY FRAMEWORK

March 31, 2008

TABLE OF CONTENTS

Abbreviations and acronyms

1Introduction

2project description

2.1Project components

2.2Project co-ordination and management

3Land acquisition and resettlement

3.1Land requirements for project components and activities

3.2Addressing involuntary resettlement

3.3Preparation of the resettlement policy framework

4Resettlement action plans

4.1Determining when resettlement planning is needed

4.2Voluntary land donations in sub-projects

4.3planning for involuntary resettlement

4.4Process for preparing resettlement action plans

4.4.1AMU Environmental Unit

4.4.2Resettlement Planning Teams

4.4.3Baseline survey and preliminary asset inventory

4.4.4Assigning preject affectedpersons to different categories

4.4.5Determination of eligibility for compensation and resettlement entitlements

4.4.6Determination of valuation methodology and calculation of cost of compensation and resettlement

4.4.7Draft resettlement action plan report

4.5Process for reviewing, approving and disclosing resettlement action plans

4.6Preliminary tasks

5Principles and objectives

6Legal and INSTITUTIONAL frameworks

6.1Legal framework

6.2Local community institutions

7Estimated IMPACTED population and categories of affected people

8Eligibility criteria for various categories of affected people

8.1Cut-off date

8.2eligibility criteria for entitlements

9Valuing affected assets

10Organisation, procedures and responsibilities for IMPLEMENTATION of resettlement action plans

10.1Integration of a resettlement action plan into an overall sub-project plan

10.2Detailed determination of entitlements

10.3Entitlement agreement contracts

10.4Replacement land and resettlement

10.4.1Selection and allocation of replacement land

10.4.2Land planning and preparation

10.4.3Relocation to replacement land

10.5Compensation

10.5.1Payment of compensation

10.5.2Compensation for unforeseen imapctsand damage

10.6Confirmation of receipt of entitlements

10.7Progress monitoring and reporting

11Consultation with, and participation of, affected people

11.1Consultation with PROJECT AFFECTEDpersons

11.2Grievances

12INDICATIVE BUDGET

13monitoring arrangements

13.1Progress monitoring and reporting

13.2Validation survey

13.3Monitoring and evaluation of socio-economic impacts

13.4External evaluation

LIST OF TABLES

Table xxxxSummary of project components and sub-components

Table xxxxPossible project activities that require land

Table xxxxUrban and peri-urban population of project towns and cities

Table xxxxBroad categories of project affectedpersons eligible to receive benefits

Table numberProposed entitlement matrix

Table xxxxEstimated resettlement planning and implementation costs for a single hydrometric rehabilitation sub-project

Table xxxxEstimated resettlement planning and implementation costs for a single water network installation sub-project in peri-urban areas

Table xxxxEstimated resettlement planning and implementation costs for a single small “learn by doing” sub-project in peri-urban areas

Table 4Indicative budget for resettlement

APPENDICES

APPENDIX 1SUGGESTED PROCEDURE FOR DRAFT RESETTLEMENT ACTION PLAN PREPARATION, REVIEW AND APPROVAL

APPENDIX 2SUGGESTED STRUCTURE OF A SUB-PROJECT DRAFT RESETTLEMENT ACTION PLAN

APPENDIX 3SUGGESTED PROCEDURE FOR IMPLEMENTATION AND DELIVERY OF ENTITLEMENTS

Abbreviations and acronyms

AMUAsset Management Unit

ARPAbbreviated Resettlement Plan

DNANational Directorate of Water)

EUEnvironmental Unit

GOAGovernment of Angola

IDAInternational Development Association

MINADER Ministry of Agriculture and Rural Development

MINEAMinistry of Energy and Water

MINUAMinistry of Urbanisation and Environment

PWSUProvincial Water and Sanitation Utility

PADProject Appraisal Document

PAPProject Affected Person

PRDCProvincial Resettlement Dispute Committee

RAPResettlement Action Plan

RITRAP Implementation Team

RPFResettlement Policy Framework

UCPProjects Co-ordination Unit

WBWorld Bank

WSIDPWater Sector Institutional Development Project

1

1Introduction

The Government of Angola (GOA), through the Ministry of Energy and Water (Ministério de Energia e Águas – MINEA), is preparing the five-year, US$106,5 million, Water Sector Institutional Development Project (WSIDP). To implement the project theGOA has requested financial assistance from the World Bank which will be provided through a proposed US$56,5 million credit from the International Development Association (IDA). A draft Project Appraisal Document (PAD) was prepared by the World Bank (WB) in January 2008.

The development objective of the WSIDP is to improve the sustainability, efficiency and reliability of water supply and sanitation services in nine pilot cities.

The project is designed to offer crucial support in institutional development and capacity building for a large water sector investment programme that the GOA is currently implementing. The project has components key to the sustainability of capital investments financed by several sources, including the World Bank Emergency Multi-sector Recovery Programme. The project will support building government capacity to invest in and regulate water supply and water resources management and substantially help to create and build the capacity of commercially-oriented public water companies in nine cities (M'Banza Congo, Menongue, Lubango, Luena, Malange, Kuito, N’Dalatando, Huambo, and Uige). The project will help to implement government policies of utilising the private sector and of cost recovery in water supply. The rehabilitation of existing water supply systems in the nine cities is a key component of the proposed project which will complement investments in production and treatment being financed by the Emergency Multi-sector Recovery Program and the Government of China. The WSIDP will also finance the rehabilitation of the hydrological network.

Overall responsibility for the implementation of the project will lie with the National Directorate of Water (Direccão Nacional de Águas - DNA) of the MINEA.

2project description

2.1Project components

The project will finance the following four components, each of which has one or more sub-components:

  • development of the institutions in the water sector;
  • water resources management;
  • rehabilitation of water supply systems; and
  • capacity building and change management.

Detailed descriptions of the project components are provided in the PAD and a summary is shown in Table 1.

2.2Project co-ordination and management

MINEA will have overall responsibility for the implementation of the project, including accounting for project funds and co-ordinating activities with other ministries and departments, as needed. The operational responsibility for the project will be delegated to the DNA. The Project Director will be the National Director of Water.

The UCP, which has already been established in DNA, is responsible for the implementation of various rehabilitation and expansion projects throughout the country, regardless of the source of financing. The UCP reports to the Head of the Water Supply and Sanitation Department, who reports to the National Director of Water. By centralising the project management in one department, DNA will be able to develop standardised financial management, environmental and social oversight, monitoring and evaluation, and management reporting systems, and also develop the needed procurement expertise.

This UCP, staffed and managed by civil servants, will be supported on a temporary basis by local and international consultants, depending on the work and technical requirements. The UCP will be responsible for:

  • procurement and contract management for the project;
  • financial management and accounting;
  • communication and social mobilisation;
  • environmental and social oversight
  • monitoring and evaluation; and
  • technical supervision of the works.

When the AMU, described under Component1, starts to operate the UCP will be absorbed into that organisation.

1

Table 1Summary of project components and sub-components

Component / Objective / Management / Sub-component / Description
1
Development of the institutions in the water sector / To strengthen the institutional and regulatory frameworks for the water sector at both the central and regional levels / AMU
(UCP initially) / 1.1 / Asset Management Unit and Provincial Water and Sanitation utilities
This sub-component will support the establishment and operation of the proposed Asset Management Unit (AMU) under MINEA. The AMU will manage water assets, plan and oversee the execution of investments and engage third party operators in provincial towns and cities. The AMU will absorb the Projects Co-ordination Unit (Unidade de Coordenação de Projectos - UCP), a unit in DNA that is currently responsible for the implementation of projects
The sub-component will also support the creation of Provincial Water and Sanitation Utilities (PWSUs) in the participating towns and cities (M'Banza Congo, Menongue, Lubango, Luena, Malange, Kuito, N’Dalatando, Huambo and Uige). The PWSUs will be autonomous bodies responsible for operating the water assets of the participating cities and towns.
1.2 / Regulatory framework to cover the towns and cities under the AMU
This sub-component will support the development of a regulatory framework and the establishment of Tariff Councils for the pilot towns and cities
2
Water resources management / To support the institutional strengthening of the water resource management element within the water sector. / DNA / 2.1 / Institutions for water resources management
This sub-component will support the development of the National Water Resource Institute.
2.2 / Integrated basin management
This sub-component will provide technical assistance for piloting two integrated basin management plans for the Cuanza river basin and the Cubango river basin.
2.3 / Rehabilitation of the hydrometric network
This sub- component will rehabilitate around 200 hydrometric stations, located at various points along rivers, that have been abandoned for more than thirty years and will develop water resources information management systems.
Rehabilitation will involve repairing damaged or destroyed infrastructure (e.g. the restoration of concrete pillars, the replacement and welding of metal supports, the application of anti-corrosive parts and the repair or replacement of damaged water height scales) and the installation of flow meters that use batteries or photovoltaic cells. The meters and other equipment will be housed in a small building on a small piece of fenced land, probably no more than 25m2 in area. Existing access tracks (usually no more than 5m wide) will be rehabilitated or, where necessary, new tracks will be constructed. Construction workers will stay, for a few days only, in temporary camps near the stations.
3
Rehabilitation of water supply systems / To support the physical rehabilitation of selected peri-urban water supply systems in order to increase the level of water supply services provided and to promote the economic sustainability of the newly created PWSUs. / AMU / 3.1 / Construction of water supply networks and house connections
This sub-component will construct new water supply networks in peri-urban areas of the nine cities. It is envisaged that approximately 250km of water distribution pipes and some 72000 domestic home connections will be installed.
PVC distribution pipes will be used which will allow for a degree of flexibility in pipeline routing. The pipes (generally medium to large diameter) will be laid in excavated trenches (approximately 1m deep). During construction, spoil (soil) from the trenches will be placed immediately alongside the trenches before the trenches are refilled. As far as possible the pipelines will be laid in existing public roads, tracks and pathways.
Selected households will be connected to the distribution networks by means of smaller diameter HDPE pipes laid in trenches. Taps and water meters will be installed at each of the selected houses.
Small areas of land will be required, on a temporary basis, for lay-down areas and other construction activities.
3.2 / Technical cadastre and information system
This sub-component will develop a technical cadastre for the approximately 72000 connections and implement an information management system for measuring water consumption, for processing and emitting bills to customers and for recording consumer payments.
4
Capacity building and change management / To improve the sustainability of water supply in Angola by increasing the managerial and technical capacity of the staff, by engaging stakeholders and by managing and communicating change / AMU / 4.1 / Capacity building at the national and provincial levels
Under this sub-component: the project will establish a Capacity Building Unit within the AMU, which will oversee and facilitate implementation of activities throughout the sector, both at national and provincial levels. The sub-component will also support the implementation of the planned Onga Zanga Investigation and Research Centre.
4.2 / Capacity building at the company level
This sub-component will provide specific, targeted training to board members and managerial staff of the newly created PWSUs.
However, a large part of this component will be a pilot “learn by doing” programme which will seek to build capacity within the PWSUs. This will be done by providing incentive based funds and some training and support to the PWSUs to plan and implement smaller discrete projects that will extend water supply networks to the poor in peri-urban areas. Such projects could include, for example, the installation of community water taps and fountains.
Typically the works will include the laying of flexible HDPE pipes in trenches that will be recovered with soil, the installation of water standpipes and the construction of water fountains. Small areas of land may be used, on a temporary basis, for the storage of construction materials and for other construction activities. As for Sub-component3.1, pipelines will be laid in existing public roads, tracks and pathways as far as possible.

1

3Land acquisition and resettlement

3.1Land requirements for project components and activities

In general, only the following sub-components of the WSIDP will require land, on a permanent or temporary basis, on which to establish infrastructure or implement other sub-component activities:

  • Sub-component2.3 – the rehabilitation of the hydrometric network;
  • Sub-component3.1 – the installation of approximately 250km of piped water supply and some 72000 domestic connections in peri-urban areas in nine cities; and
  • Sub-component4.2 – funding for small projects that will extend networks to serve the poor in peri-urban areas.

The exact nature, size and locations of individual project works and activities are not known and it is, therefore, not possible to predict with any degree of certainty amount of land needed and the type and extent of any adverse social, economic and cultural effects that may arise. Possible project activities that may require land to be acquired, either temporarily or permanently, and which may adversely affect the assets or livelihoods of people are included in Table2.

As far as possible, the location of any new infrastructure and possible new access tracks for hydrometric stations should be confined to land that is not owned or currently being used or occupied by people and other entities. This would include waste land, unoccupied or unallocated land that belongs to local authorities and communities who are willing to release the land for the project. It is very likely that this will be the situation for the hydrometric station infrastructure, since the stations are located on the banks of rivers which are generally not used for other purposes. The alignment of simple access tracks is generally, but not always, flexible so that is should usually be possible to avoid land that is owned, occupied or used by people or other entities.

It is envisaged that new water pipelines (of various diameters) will be laid within existing public road reserves or under the various tracks and pathways that provide access to houses within the peri-urban areas[1]. This will significantly reduce the land that has to be acquired or impacted for the infrastructure.

The end portions of the consumer supply pipelines that connect individual households to the main delivery network will sometimes enter into and terminate in the beneficiary’s yard or plot. In such cases, it is proposed that no land acquisition is involved, since the provision of the water supply to the beneficiary is a private, and not public, matter. However, there will also be cases where consumer supply pipelines intended for other households do cross other private property. In such cases, the affected land should be subject to possible acquisition or compensation for temporary impact.

Table 2Possible project activities that require land

Project Activity / Land Acquisition
Permanency / Likely Magnitude
Construction of small buildings for water meters near hydrometric stations /
  • Permanent
/
  • Locally, very small to insignificant

Rehabilitation of access tracks to hydrometric stations /
  • Permanent
/
  • Locally, very small to insignificant

Possible construction of new access tracks to hydrometric stations /
  • Permanent
/
  • Locally, small to medium depending upon distance of tracks

Temporary worker camps near hydrometric stations /
  • Temporary
/
  • Locally, small to insignificant

Installation of buried water pipelines in peri-urban areas – public supply /
  • Permanent – if it is not possible to use the affected land surface after installation
  • Temporary – depending on the extent to which the affected surface area can still be used after installation
/
  • Small to medium depending upon distance of pipeline

Installation of buried water pipelines in the properties of the beneficiaries -– individual connections /
  • None – these pipelines will be done at the request of property owner
/ ~
Spoil (soil) dumps from pipeline trenches (during construction) /
  • Temporary
/
  • Small to medium

Construction of water fountains and community taps /
  • Permanent
/
  • Locally, very small to insignificant

Construction material and lay-down areas for pipeline construction /
  • Temporary
/
  • Small to medium

Where it is not possible to use waste land, unoccupied or unallocated land or public roads and pathways, other land that is owned or is currently being used or occupied by people, entities or communities may have to be acquired for project infrastructure. The affected land may be occupied or used by the affected person with or without legally recognised rights of ownership, use or occupancy. Such land may be acquired for the project in two different ways.

Firstly, even where the location of project infrastructure is not tied to specific site characteristics and a number of possible sites are available, a person, entity or community may agree to voluntary donate land (in total or in part) to the project because the chosen site is preferred for various reasons. The land will be donated in return for alternative land and fair compensation. This is a common occurrence with community projects or projects that benefit communities. The person donating the land will thus permanently lose the land, access to resources on the land and any structures, crops, valuable trees (e.g. fruit trees) and other fixed assets on the land. In some circumstances these loses could result in the loss of accommodation (residence) and in adverse impacts on food supplies and income sources. Depending on the nature and extent of the impacts, the affected person may need to be relocated to another site, provided with compensation for losses suffered and provided with other rehabilitation measures. Thus it will be important to select land which has minimum improvements and developments on it in order to minimise the level of impacts caused.