Final Resettlement Action Plan of the Balama Graphite Mine – September 2014

1.5 Resettlement Action Plan Objectives

Involuntary resettlement can be defined as any resettlement that occurs, “[…] without the informed
consent of the displaced persons or if they give their consent without having the power to refuse
resettlement” (IFC, 2002:p.ix). Encapsulated under the term „resettlement‟ is either physical
household resettlement, or economic displacement. Physical household resettlement refers to
physically moving households from one location to another. Economic displacement refers to a
scenario where households and/or individuals lose access to assets such as land, trees or
livestock which enabled them to derive an income from it. Economic displacement also refers to
the loss of access to resources, such as land, water or forests (inter alia).

By reflecting upon past resettlement cases in Mozambique (refer to Chapter 3), this RAP equips
the proponent with strategies to improve the livelihoods of the PACs and PAP in the following
ways:
I. To achieve compensation rates (as well as separate assistance allowances) that are agreed
upon by all the parties (the PAP, the proponent and the relevant government authorities)
involved in the process;
II. In addition to compensation, to ensure that those affected receive alternative land of the
same value,or with the same productive potential, with new fields that can be adequately
prepared for beneficiary farmers by the proponent during the land acquisition period;
III. To ensure that those affected can continue with their farming practices on their new land and
at the previous level of cultivation;
IV. To reduce the levels of social stress normally associated with any displacement process;
stresses which can lead to morbidity (especially amongst the young and elderly) and
psychological trauma;
V. Warranting that access to natural resources is, as far as reasonably possible, not impeded;
and
VI. Above all, to ensurethat no farmer and/or household to be affected suffers from food
insecurity as a consequence of economic displacement.

1.6 Resettlement Action Plan Study Team

The following members comprised the social team for this RAP process:

Table 1.4: Resettlement Action Plan (RAP) Study Team

Name Position Qualification and Experience
Dinis has 25 years‟ experience in minerals and resources as an
exploration geologist. He has worked specifically in gold, precious
Twigg
and base metals, as well as industrial mineral mining. Previous roles
Exploration &
include leading exploration campaigns as project geologist and
Mr Dinis Napido Mining Lda.
exploration management. Dinis has a strong foundation of knowledge
Country
regarding the mining industry in Mozambique, policies and
Manager
regulations, and many connections within the local Mozambique
community.
Twigg Mr Mutiquinhene has a degree in Management and Program
Exploration & Development, whilst in the process of obtaining a degree in Human
Mining Lda. Resource Management. Currently, he is working for Twigg
Mr Cabral
Senior Exploration and Mining as a Senior Administration Manager. He has
Mutiquinhene
Administration over 12 years of experience distributed in the program management
Manage. and operation fields, including finance, human resources, payroll,
logistics and procurement and community project development.
Twigg Mr Célio Panquene holds Bachelor degree from the Faculty of Arts
Mr Célio Exploration & and Social Sciences, Eduardo Mondlane University (UEM),
Panquene Mining Lda. Mozambique. He also holds Professional Master‟s Degree in
Community Sustainable Development Practice from the Federal Rural University
11
EOH Coastal & Environmental Services Draft RAP – 2014
 Draft Resettlement Action Plan of the Balama Graphite Mine – August 2014

Name Position Qualification and Experience

Development of Rio de Janeiro (UFRRJ), Brazil. He lectured in various universities
Officer in Mozambique. He also carried out field work and researches on
community development issues, both in Mozambique and in Brazil.
Mr. Célio Panquene is currently Community Development Officer at
Twigg Explorations & Mining Ltd.
Dr Avis holds BSc, BSc (Hons) and PhD degrees in Botany from
Rhodes University in South Africa. He has worked as a professional
environmental and social consultant for more than 20 years, and is an
internationally recognised expert in these fields. He has project
managed numerous large-scale Environmental Impact Assessments
(EIAs) to World Bank and IFC standards in African countries, and a
number of Strategic Environmental Assessments (SEAs) for a range
of government, parastatal and private clients in South Africa. He has
Dr AM Ted Avis
been the principal environmental/lead consultant for several very large
(CES Managing
Study Leader mineral mining developments in a number of African countries,
Director)
including the Corridor Sands (Chibuto) and Moma projects in
Mozambique, Toliara Sands in Madagascar, Tiomin Mineral Sands in
Kenya, El Burullus in Egypt, and the Trident Copper Mine in Zambia.
He has also managed integrated environmental studies of similar
scope in Malawi and elsewhere in Africa. Moreover, Dr Avis provides
professional courses in EIAs at Rhodes University, where he is also
an honorary senior lecturer in the Environmental Science Programme.
He has published extensively in the field of EIA, and has been a
principal of CES and managing director since its inception.
Jan Anton Hough is a social scientist primarily involved in social
baseline studies, SIAs, Social Management Plans, RAPs and social
due diligence gap-analysis. His academic qualifications and
accomplishments include an MA (Sociology) obtained from the
University of Stellenbosch in South Africa, and two published ISI-listed
academic publications in Social Dynamics and The South African
Project Manager
Mr Jan Anton Geographical Journal, followed by one forthcoming manuscript
&
Hough currently being reviewed in the South Africa Journal of Science. In
Principal Report
(CES Social CES, some of the projects which he has been involved in to date
Writer [Social
Scientist) include a RAP for Equatorial Palm Oil in Liberia, an SIA for Samshi
Scientist]
Africa Limited in Sierra Leone and social due diligence gap-analysis in
accordance with the Performance Standards of the IFC. Prior to his
work at CES he gained experience as a social scientist in the mining
and community development sectors, but also the socio-
environmental arena; in which latter connection he has published
web-based articles on socio-environmental concern in Africa.
Mr Bosman holds a Bachelor of Social Science (1993) from U.C.T,
with majors in Public Administration & Sociology, and a Post Graduate
Diploma in Organisation and Management. Over the past five years
Lungisa has gained considerable experience in social facilitation and
community education. He is currently working full-time as a consultant
Mr Lungisa
Social Scientist for Coastal & Environmental Services involved in a number of Impact
Bosman
& Assessments, and particularly in the co-ordination and facilitation of
(CES Social
the public participation process, and stakeholder engagement and
Scientist)
management. Some of the projects where he has brought his
facilitation skills to bear include the ADM and Chris Hani State of
Environment studies, the Coffee Bay tourism development viability
studies, and numerous EIAs and scoping studies. His mother tongue
is isiXhosa.
Ms Carina Saranga holds a B.Sc. Degree in Law with majors in Public
Ms Carina Law (2011), obtained at St. Tomas University in Mozambique. She is
Saranga Social Scientist, currently finalising her B.Sc. Honours thesis studying the “Complexity
(CES Community of the Resettlement Process in Mozambique”. Carina joined CES in
Administrative Liaison & 2013 where she is involved in the preparation and coordination of the
Assistance in Translator public participation process, as well as in field survey and coordination
Mozambique) of resettlement projects. Prior to that, she worked as a public
participation assistant liaising with a variety of stakeholders.
12
EOH Coastal & Environmental Services
 Final Resettlement Action Plan of the Balama Graphite Mine – September 2014

1.7 Report Structure

The report was drafted to adhere strictly to Mozambique‟s Regulation on the Resettlement Process
Resulting from Economic Activities (Decree 31 of 2012). According to these regulations, the
following sections should be included in this report (GoM, 2012:p.14):
I. An analysis of the socio-economic profile of the affected households;
II. An evaluation and analysis of the tangible and intangible goods;
III. A well-defined definition of the degree of displacement/resettlement and the methods
employed to study the affected population;
IV. Definition of the compensation criteria;
V. A presentation of the solutions and technical alternatives to enable the improvement of
households‟ current living standard of the affected households.

In addition, the IFC PS 5 on Land Acquisition and Involuntary Resettlement was used to
supplement the report with resettlement good practice guidelines to enable the report to be a more
comprehensive tool for implementation.

This report is structured as follows.

Chapter 1 highlighted the proposed project, followed by the project rationale. The RAP study team
was also introduced.

Chapter 2 commences by outlining the displacement-related legislation, policies and guidelines

that need to be assessed and followed by the proposed project.

Chapter 3 provides details on the stakeholder engagement that was conducted as part of this
RAP. The chapter also elaborates upon the methodology that was employed to draft the report, as
well as providesguidelines for the proponent to use throughout the implementation of
thedisplacement process.

Chapter 4 includes the identification of project impacts and the affected population. Largely, this
chapter provides the census data of the Socio-Economic Baseline Study (SEBS) and landholding
assessments conducted inside the mine‟s AoI.

Chapter 5 draws upon the previous chapter to define the affected farmers and expected losses.

Chapter 6 contains measures for restoring and improving the livelihoods of the affected people.

Chapter 7 provides a compensation and entitlement framework by providing a method for valuing
assets. Such assets include crops, trees, structures and/or communal resources (amongst others).

Chapter 8 elaborates upon Chapter 7 by providing a mechanism for the implementation of the
RAP and the delivery of household entitlements.

Chapter 9 equips the proponent with strategies to monitor and evaluate the outcomes of this RAP
process, such as to undertake future re-validation surveys, socio-economic surveys, a longitudinal
(i.e. over a long period) nutritional study and external evaluation.

Chapter 10 provides an estimated budget for the implementation of the RAP.

Chapter 11 concludes the report.

13
EOH Coastal & Environmental Services Draft RAP – 2014
 Draft Resettlement Action Plan of the Balama Graphite Mine – August 2014

2. LEGAL FRAMEWORK
2.1 Introduction
The following chapter provides an overview of the most relevant Mozambique legislation, as well
as international standards, guidelines and frameworks that are deemed relevant to this RAP. The
following legislation is discussed in this chapter:

Table 2.1: Legal Framework

Mozambique Legislation
Legislation and Regulations Date of Enactment (or amendment)

Constitution of the Republic of Mozambique Enacted in 2004

Regulations on the Resettlement Process resulting
Decree 31/2012
from Economic Activities
National Heritage Protection Law of 1988 Decree 10/1988
Mining Act Law 13/2002
Mining Law Regulations Ministerial Decree 28/2003
Land Act Law 19/1997
Land Act Regulations Decree 1/2003
International Frameworks and Guidelines
Frameworks and Guidelines Date of Enactment (or Amendment)
World Bank‟s Operational Procedure 4.12 On
2013
Involuntary Resettlement
International Finance Corporation Performance
2012
Standards 5 and 8

It should be noted that only the legislation, frameworks and guidelines relevant to resettlement are
considered in this chapter. The SIA considered a wider range of relevant policies, frameworks and
guidelines that pertain to the overall social considerations of the project (cf. CES, 2013a).

2.2 The Resettlement Action Plan Process in Mozambique

According to Mozambique‟s Regulations on the Resettlement Process Resulting from Economic
Activities(2012), the approval and implementation of a RAP precedes the issuance of an
Environmental Permit from Mozambique‟s Ministry of Environmental Coordination (Ministério para
a Coordenação da Acção Ambiental, or MICOA). Figure 2.1 below provides a diagram that
illustrates where the RAP fits into the EIA process, according to Mozambique‟s Mining Act of 2002
and Mining Law Regulations (2003).

14
EOH Coastal & Environmental Services
 Final Resettlement Action Plan of the Balama Graphite Mine – September 2014

Figure 2.1: The Resettlement Action Plan (RAP) process in Mozambique

As explained in Figure 2.1 above, the RAP process is normally conducted in parallel with the EIA.
However, the RAP report is submitted and approved at the District Government-level, whereas the
EIA is approved by MICOA at provincial-level. Therefore a final RAP report (in Portuguese) is
delivered to MICOA as an annexure of the EIA study, whilst four copies of the report should also
be delivered to the National Directorate of Territorial Planning and Organisation (DINAPOT), a
division of MICOA.

2.3 Mozambican Legislation

2.3.1 Constitution of the Republic of Mozambique of 2004
The first piece of legislation in Mozambique that deals with the rights of each Mozambican is the
country‟s constitution of 2004.

The Constitution of Mozambique embodies the new democratic rule of the country, and recognises
its independence as well as the challenges it faces after the civil war. It lays down the structural
parameters for the country‟s growth and modernisation, and reaffirms the participation of
organisations to ensure and respect the fundamental rights and liberties of the country‟s citizens.
Of particular importance to this RAP are Mozambicans‟ fundamental rights, duties and freedoms.
Here, each citizen‟s rights are promoted, as well as the rights of communities, and especially
children. The freedom of expression is also enshrined, which basically means that every person
affected by the project has the right to express their opposition to the development, and to voice

15
EOH Coastal & Environmental Services Draft RAP – 2014
 Draft Resettlement Action Plan of the Balama Graphite Mine – August 2014

his/her concern. This is especially relevant during the RAP process, as it means that all the PAPs
need to be able to express their issues and/or concern with the project.

The Constitution also formulates principles of fair compensation if land is expropriated. On

Economic, Social and Cultural Rights and Duties (Chapter V), the Constitution clearly elucidates
that:

“The State shall recognise and guarantee the right of ownership of property”, and “Expropriation
may take place only for reasons of public necessity, utility, or interest, as defined in the terms of
the law, and subject to payment of fair compensation”
(GoM, 2004: p.26)

Under Article 90 of Chapter V, the importance of protecting the environment and the rational use of
natural resources are also highlighted. Alongside this clause is also the constitution‟s emphasis on
the agricultural sector, which the GoM sees as the basis for the country‟s national development. In
support of this, Article 106 of Chapter V also recognises the contribution of small-scale production
to the national economy, which the country promotes and supports in order to develop its citizens.

2.3.2 Regulations on the Resettlement Process resulting from Economic Activities

Mozambique‟s Regulations on the Resettlement Process resulting from Economic Activities were
passed in 2012. The regulations consist of 28 articles which basically formulate the procedures for
any resettlement in Mozambique, and especially articulate the assistance required from
government during a resettlement process. This legislation was the basis upon which this RAP and
the community engagement procedures were built and structured. These regulations were also
used by the social team to inform the PACs of their rights with regard to economic displacement,
as outlined under articles 10 and 14. Although all the regulations are highly relevant to the project
at hand, the following articles were used to structure most of the RAP procedures at community
level:

 Articles 6 and 7: A Technical Committee

Any resettlement project in Mozambique needs to be enacted and driven through an
establishedtechnical resettlement committee/commission which comprises of various
representatives from a selection of government bodies and local representatives. Specific functions
are assigned to this committee/commission, all of which allowthe government, through this
committee, to be at the centre of the resettlement project and decisions which have to be made.
This commission has already been established in the Balama District, referred to as the District
Resettlement Commission.

 Articles 8
The following stakeholders should participate in the resettlement process (for which purposes the
Balama Technical Working Group, or TWG, was established):

- Five representatives of the affected population;

- One representative of Civil Society;
- Three community leaders; and
- Two representatives of the private sector.

 Articles 10 and 14: The Rights of the Affected Population and Right of Information
In EOH CES‟ experience, it is of pivotal importance for a resettlement project to articulate the
constitutional rights of those affected, through the medium of public meetings. Having knowledge
of one‟s own rights is vital, as this enables PAP to voice their concerns and/or issues during the
process (as they then know how to do so). Article 10 lays down some basic, fundamental human
16
EOH Coastal & Environmental Services
 Final Resettlement Action Plan of the Balama Graphite Mine – September 2014

rights as these pertain specifically to resettlement. These rights are elaborated upon under Article
14. Some of the most important rights include people‟s rights to:
- “Have re-established their income level, to equal or higher than that before the
resettlement;
- Have restored their living standard to equal or higher than before the resettlement;
- Have space to perform their subsistence activities; and
- Give opinion in the whole resettlement process” (2012:p.5).

 Article 12: Responsibilities of Central and Local Levels of Government

Article 12 delineates the responsibilities of central and local government. Some of these
responsibilities include the Land-Use Planning Sector‟s responsibility to provide technical
assistance to the implementation in matters related to land-use planning, as well as to monitor the
resettlement process.

 Articles 13 and 22: Public Participation and Consultation

Public participation is central to the success of a resettlement project. Both these articles articulate
specific requirements which this RAP should adhere to in this regard.

2.3.3 National Heritage Protection Law of 1988

The project might affect and/or disturb areas of cultural significance, such as some grave sites.
Therefore, the National Heritage Law of 1988 is applicable. Furthermore, in terms of cultural
heritage, the Regulations on the Protection of Archaeological Heritage Property (1994) state that
the Ministry must be consulted in the event where archaeological material is found in the project‟s
AoI. No archaeological material was found inside the mine‟s AoI.

2.3.4 Mining Act of 2002

The Mining Act of 2002 exercises rights and obligations with regard to the use of the country‟s
minerals resources. The Act takes into account the environment in such a way as to see to its
rational utilisation for benefiting the national economy. Underwritten by the Act are principles that
govern safe mining practices, regulatory frameworks for monitoring environmental quality, as well
as measures to enhance sustainable development in the long-term, in light of exploring
Mozambique‟s natural resources. Of particular importance is Article 18, under the Title Holder
Obligations, which states that the project developer will compensate land users for “[…] any
damage caused to the land and property as a result of the mining operations” (GoM, 2002: p.10).

In addition, the Act provides authority for the Land Act No 19/97 to govern all land-use and
occupancy matters as related to the mining activity.

2.3.5 Mining Law Regulations of 2003

The Mining Law Regulations of 2003 were established to regulate any mining activity that falls
under the Mining Act of 2002. The regulations consider the granting of mining titles and permits
and the demarcation of mining areas. Of importance to this RAP is the fact that the regulations also
make allowance for any party to lay a claim against the mining development.

2.3.6 The Land Act No 19/97 and Decree No 66/98

The project will affect customary land, meaning that the Land Act of 1997 is applicable. The law
provides the legal framework for land ownership, as well as the control of land and natural
resources in Mozambique. The process of determining land rights is also explained by this law.

17
EOH Coastal & Environmental Services Draft RAP – 2014
 Draft Resettlement Action Plan of the Balama Graphite Mine – August 2014

The law was created with the intention of encouraging the use and benefit of land, such that it
contributes to the development of the national economy. The law establishes the terms under
which all activities - relating to the right of land-use and benefits - operate (Article 2). It provides the
basis for defining people‟s land-use rights, and gives details on these rights based upon customary
claims and the procedures for the acquisition of title for use and benefits by communities and
individuals. The law recommends a consultation-based process that recognises customary rights
as the means for identifying the claims of communities and individual members of communities
without title.

Article 24 identifies that, in rural areas, local communities need to participate in:
a) The management of natural resources;
b) The resolution of conflicts;
c) The process of obtaining title as established in No. 3, of Article 13 of the Land Law; and
d) The identification and definition of the boundaries of the land they occupy.

In the first two activities (a and b), local communities rely on, among others, customary practices.

The Land Law also defines that the right to use land may be acquired through occupation by
Mozambican individuals who have been using the land in good faith for at least ten years. The law
therefore recognises and protects the rights of individuals to land acquired through inheritance or
occupation (customary tenure), except in legally defined reserves or areas where land has been
legally transferred to another person or body. All citizens have equal rights and duties according to
the law.

Existing rights to use land may be terminated through revocation of such rights for reasons of
public interest, after the payment of fair compensation, in which case the non-removable
improvements will revert to the state.

Foreign individuals or corporate persons may be holders of a right to land-use and benefit,
provided they have an investment project that is approved under the investment legislation and
they are established or registered under the GoM (Article 11). Total and partial protection zones
are part of the public domain, and no right of land-use or benefit can be obtained in these areas
(Articles 7 and 9). Total protection zones include those areas specifically intended for conservation
or preservation activities, whilst access to partial protection zones requires special licenses, which
may be issued for specified activities.

For the purposes of economic activities, the right of land-use and benefit is subject to a maximum
period of 50 years, which can be renewed for an additional 50 years (Article 17). The approval of
an application for the right of land-use and benefit for economic activities does not preclude the
need for licensing and authorisation required by:
a) The legislation relevant to the intended economic activity (e.g. tourism); and
b) Directives of land-use plans (Article 20).

Right to land-use and benefit applications are authorised by provincial governors for areas up to
1,000ha, by the Minister of Agriculture and Rural Development for areas between 1,000 to
10,000ha, and by the Council of Ministers for areas exceeding 10,000ha (Article 22).

Provisional authorisation is granted after the submission of an application for land-use and benefit.
This provisional authorisation is valid for a maximum of five years in the case of nationals, and two
years in the case of foreigners (Article 25). Upon fulfilment of the exploitation plan within the
provisional period, final authorisation will be given and the relevant title issued (Article 26).

18
EOH Coastal & Environmental Services
 Final Resettlement Action Plan of the Balama Graphite Mine – September 2014

2.3.7 Land Law Regulations (2003)

The Land Law Regulations (Decree 66/1998) apply to all areas outside of municipal jurisdiction.
According to the regulations, the construction of any type of structure within the partial protection
zone shall be licensed by the entities responsible for the management of inland and maritime
waters (Article 8).

In accordance with Article 18, the right of land-use and benefit obtained for the fulfilment of an
investment project shall have a maximum term of 50 years, renewable in accordance with the
provisions of the Land Law and the terms of renewal of the authorisation. A titleholder is required
to apply for renewal 12 months before the end of the term fixed in the title, demonstrating that the
economic activity which the title was applied for is still being carried out.

Relevant aspects of the regulations include:

a) Where there is joint title, such title belongs to all the titleholders equally. When one of the
titleholders dies, the other holders continue as the rightful titleholders;
b) Consultations between the applicants for land and the local community are mandatory before
a decision to grant title use is made by the provincial governor or higher authority;
c) Good faith occupiers and local communities may apply for demarcation and title; and
d) Titleholders are required to pay a tax for authorisation of the right to use land, plus an annual
tax. Family businesses and local communities are exempt from such taxes.

Article 24 states that, in order to acquire a right of land-use and benefit, an application under
authorisation must be submitted including the following information:
a) Articles of association (in the case of a corporate person);
b) A sketch of the location of the land;
c) The descriptive report of the project;
d) An approximation of the nature and size (footprint) of the development the applicant
proposes to undertake;
e) The opinion of the district administrator, after consultation with the local community;
f) A public notice, and verification that such a notice has been displayed in the headquarters of
the relevant district and at the location itself, for a period of 30 days; and
g) A receipt of proof of payment of the provisional authorisation fee.

Additionally, where land is intended for economic activity, the application must also contain an
exploitation plan and technical opinion thereof. In the case of private investment projects, the land
is subject to prior identification, which must involve (inter alia) the local administrative authorities,
and the local community, and must be documented in the sketch and descriptive report (Article 25).

According to Article 28, in cases where the governor of the province is the competent authority,
once the application process is complete, the Cadastre Services will submit the proposal to the
governor of the province for a decision. In all other cases the application form will be sent to the
central Cadastre Services after review by the governor of the province, who will submit it to the
competent authority for decision. The authorisation granted here will be temporary, valid for five
years in the case of Mozambican nationals, and two years in the case of foreigners.

Once the term of the provisional authorisation has expired, or at the request of the applicant, an
inspection will be conducted to ascertain whether the proposed activity is in agreement with the
approved schedule. Once this has been established, a definitive authorisation and accompanying
title of the use and benefit of land will be issued (Article 31).

Lastly, Article 3 of the Technical Annex to the Land Law Regulations states that the delineation of
areas occupied by local communities will not prevent economic or other activities from being
conducted, provided that consent is obtained from the communities. It is essential that the local
19
EOH Coastal & Environmental Services Draft RAP – 2014
 Draft Resettlement Action Plan of the Balama Graphite Mine – August 2014

community be actively involved and consulted in the demarcation process. The Technical Annex
also provides forms to be completed and submitted as part of this participatory demarcation
process.

2.4 International Guidelines

2.4.1 Overview
The proponent wishes for this report to following and be guided by international good industry
practice standards. In so-doing, the report has been guided by the World Bank‟s Operational
Procedure 4.12 on Involuntary Resettlement (2013), and the IFC PS 5 on Land Acquisition and
Involuntary Resettlement (2012).

2.4.2 The World Bank’s Operational Procedure 4.12 on Involuntary Resettlement

The World Bank is an international funding organisation, which lends money to governments. As
the first international agency to develop resettlement guidelines, its guidelines have been
enormously influential on those subsequently developed by other agencies, such as the IFC (an
arm of the World Bank group) and the African Development Bank. – both of whom are relevant to
this project.The World Bank‟s Operational Procedure (OP) 4.12 on Involuntary Resettlement was
revised in April 2013 (cf. World Bank, 2013b). The guidelines contained therein are deemed highly
important to this project, such as the Bank‟s emphasis on developing those affected communities,
as opposed to simply mitigating negative project-induced and resettlement-related impacts: “Where
it is not feasible to avoid resettlement, resettlement activities should be conceived and executed as
sustainable development programs” (ibid.: p.1).

Although all the guidelines are applicable, those deemed most relevant to this project are fleshed-
out in Table 2.2below.

Table 2.2: The World Bank‟s Operational Procedure 4.12 (2013 amendment)*
Applicable Principles Key Objectives
Involuntary resettlement should be avoided where feasible, or minimised,
exploring all viable alternative project designs
Where it is not feasible to avoid resettlement, resettlement activities should
be conceived and executed as sustainable development programs,
Avoiding Resettlement
providing sufficient investment resources to enable the persons displaced
by the project to share in project benefits.
Displaced persons should be assisted in their effort to improve their
livelihoods and standards of living, or at least to restore these
The resettlement project should include measures aimed at informing
those affected about their options and rights pertaining to resettlement.
Information and Consultation
Those affected should also be offered choices among, and provided with
technical and economically feasible resettlement alternatives.
The resettlement project shall ensure that those affected are provided with
assistance with agricultural sites for which a combination of productive
potential, locational advantages and other factors are at least equivalent to
Assistance with Relocation
the advantages of the old farms which they have lost.
(Transitional Support)
Support shall be offered after displacement, and development assistance
provided in addition to compensation measures. This might include land
preparation, credit facilities, training or job opportunities.
Where the borrower has explored all viable alternative project designs to
avoid physical displacement, preference should be given to land-based
resettlement strategies that are compatible with PACs‟ cultural
Land-Based Strategies preferences.
Alternative land should:
 Contain a combination of productive potential and location
advantages; and
20
EOH Coastal & Environmental Services
 Final Resettlement Action Plan of the Balama Graphite Mine – September 2014

Applicable Principles Key Objectives

 Be at least equivalent to the advantages of the land which has been
lost.
The implementation of resettlement activities should be linked to the
implementation of the investment component of the project to ensure that
Compensation before Project
displacement or restriction of access does not occur before necessary
Development
measures for resettlement,including that compensation has been paid, are
in place.
* Table information: de Wet, 2013: pp. 27-36.

2.4.3 The International Finance Corporation

As a member of the World Bank group, the IFC seeks to promote development in „developing‟
countries by making funding available through the private sector. The IFC published its PS on
Environmental and Social Sustainability in April 2006, and published comprehensive Guidance
Notes (GNs) in July 2007. The PS and GNs have been revised in 2012 (cf. IFC, 2012). These PS
are as follows:

PS 1: Assessment and management of environmental and social risks and impacts (1-36)
PS 2: Labour and Working Conditions (1-29)
PS 3: Resource efficiency and pollution prevention (1-17)
PS 4: Community Health, Safety and Security (1-14)
PS 5: Land Acquisition and Involuntary Resettlement (1-32)
PS 6: Biodiversity Conservation and Sustainable Management of Living Natural Resources (1-30)
PS 7: Indigenous Peoples (1-22)
PS 8: Cultural Heritage (1-16)

Although most of these PS are indeed highly applicable to this RAP, PS 5 and 8 bear the most
relevance. Table 2.3 below outlines the guidelines under each:

Table 2.3: International Finance Corporation Performance Standard Objectives

Performance Standard Main Objectives
 Avoid or at least minimise involuntary resettlement wherever feasible
by exploring alternative project designs and layouts;
 Mitigate adverse social and economic impacts from land requisition or
restrictions on affected persons‟ use of land by: (i) Providing
compensation for loss of assets at replacement cost; and (ii) Ensuring
PS 5: Land Acquisition and that resettlement activities are implemented with appropriate
Involuntary Resettlement disclosure of information, consultation and the informed participation
of those affected;
 Improve or at least restore the livelihoods and standards of living of
displaced persons;
 Improve living conditions among displaced persons through provision
of adequate housing with security of tenure at resettlement sites; and
 Where livelihoods of those who will be displaced are land-based, the
proponent will offer land-based compensation, where feasible.
 Protect cultural heritage from adverse impacts of project activities and
PS 8: Cultural Heritage support its preservation; and
 Promote the equitable sharing of benefits from the use of cultural
heritage in business activities.

21
EOH Coastal & Environmental Services Draft RAP – 2014
 Draft Resettlement Action Plan of the Balama Graphite Mine – August 2014

3. RESETTLEMENT ACTION PLAN PRINCIPLES

3.1 Introduction
Development ultimately presents a dilemma, as development should theoreticallyenhance people‟s
access to resources and their quality of life (de Wet, 2013). Yet, involuntary resettlement is often
necessary for any development project; the act of which can not only socially uproot settlements
and households, but also their access to resources and quality of life. This is not to argue that a
project should not be developed, but emphasises the point that appropriate mitigation measures
and economic development initiatives are needed if resettlement is required. Therefore, designing
a RAP process for implementation needs to be based upon theoretical parameters and principles.
Such principles should provide the basic foundations of any resettlement programme, feeding into
the objectives of the report and, ultimately, the desired outcomes post-resettlement.

A useful way to frame such principles is to reflect upon past resettlement cases closer to the
project at hand. Unfortunately, it is no secret that many past resettlement projects, specifically in
northern Mozambique, have been critiqued by some academics and Non-Governmental
Organisations (NGOs), based upon concerns expressed by the resettled households.

The following chapter aims to provide the guiding principles which this RAP will adhere to. By
reflecting on past resettlement cases and well-documented post-resettlement impoverishment
risks, with specific references to poor resettlement planning, the chapter is able to correctly focus
the Syrah RAP.

3.2 The Challenge of Economic Displacement

3.2.1 Overview
Any type of project-induced displacement is not a simple task, as it involves changing or altering
the socio-spatial characteristics of settlements, households and individuals. This means that, by
economically displacing households or impacting on assets, existing inter-household relationships
and dependencies are radically altered by new spatial changes (such as a new settlement or new
allocated farmland in a new area).

In the past many involuntary resettlement cases in rural African areas have been devastating on
the livelihoods of those affected, and have contributed to impoverishment amongst many of them.
Case studies of such past resettlement failures are well-document [cf. Van Wicklin and Rice
(2002), Cernea (2002; 2004) and Human Rights Watch (2013)].

For the most part, many failures can be attributed to what academics such as Cernea (2000) label
as the „eight impoverishment risks‟:
 Landlessness;
 Joblessness;
 Homelessness;
 Marginalisation;
 Food insecurity;
 Increased morbidity;
 Loss of access to common property resources; and
 Community disarticulation.

The purpose of this report is to assist the proponent to manage these risks by providing guidelines
on how to implement the report.

22
EOH Coastal & Environmental Services
 Final Resettlement Action Plan of the Balama Graphite Mine – September 2014

3.2.2 Resettlement Case Studies

The eight impoverishment risks mentioned above are based upon previous resettlement case
studies from around the world. Some of the largest economic and physical resettlement projects
have been implemented as a result of mining, but also large dam projects. Some of these include
the Shuikou Dam in China (cf. de Wet, 2013), the China-Gezhouba Dam (Cernea, 2000), the
Brazil-Tucurui Dam (ibid.), andthe Lesotho Highlands Development Project (LHDP) in Lesotho (cf.
Mashinini, 2010). The latter project, for example, resettled thousands of households in more than
120 villages within the inundation areas of the Katse and „Muela dams, constructed between 1987
to 1997. Apart from numerous dam-related case studies, many renowned development projects
such as India‟s Rengali Project or Kenya‟s Kiambere Hydropower Project resulted in post-
resettlement landlessness where, after relocation, households had limited landholdings and much
lowercrop yieldsmanage, thus compromising their food security (cf. Cernea, 2000).

However, closer to the project at hand, it is past resettlement in the Tete Province of Mozambique
which in fact encouraged the GoM to draft its new resettlement regulations (Human Rights Watch,
2013). Mining projects have mushroomed totake advantage of the country‟s rich natural resources.
However, the social and economic rights of the rural communities who live there havesometimes
been neglected. The following section briefly reflects primarily on two resettlement case studies in
the Tete Province, namely the Moatize and Benga mines. The Moatize Mine began construction in
2008, which resulted in the involuntary resettlement of more than 1,000 households (Human Rights
Watch, 2013). The BengaMine resettled around 679 households with compensation packages
which included new houses, land as well as additional socio-economic development projects. Both
projects have been criticised by the Human Rights Watch on the basis of poor resettlement
planning and concerns expressed from those resettled predominantly related to food security and
landlessness (ibid.).

Based upon this overview,the following project-induced impacts can be avoided in the Balama
region with appropriate planning measures:
 Landlessness and food insecurity;
 Dependency on community development initiatives; and
 Poor community engagement.

It should be noted, however, that this project will not result in any physical relocation of
households. Much is being done in terms of ensuring future food security, which is detailed in this
report.

3.2.3 Cumulative Mine Development Impacts

One of the central pillars upon which the IFC guidelines rest is to identify the risks and impacts of a
project in order to mitigate for any cumulative impacts. The IFC defines cumulative impacts as:
“[impacts that] result from the incremental impact, on areas or resources used or directly impacted
by the project, from other existing, planned or reasonably defined developments at the time the
risks and impacts identification process is conducted” (IFC, 2012: p.4). Although, to CES‟
knowledge, no other mine is being planned in close proximity to the project at hand, future mine
developments could add cumulative impacts to this project, such as more economic displacement
or even physical household resettlement.

Cumulative impacts are especially applicable to the mining industry, as such operations are known
for air and water pollution, carbon emissions, land alterations and social impacts. Identifying such
impacts and mitigating these is fairly straightforward for a single mine. However, these impacts
tend to accumulate when mines are developed in close proximity to each other. This not only
accelerates environmental impacts, but can also heighten social impacts. One associated problem
is that little management or planning is done for such cumulative impacts, a concern which was
raised by some in Tete Province following an increase in the number of concession areas granted
to mining companies (Human Rights Watch, 2013). Above all, unrecorded cumulative impacts add
23
EOH Coastal & Environmental Services Draft RAP – 2014
 Draft Resettlement Action Plan of the Balama Graphite Mine – August 2014

problems to resettlement, as those who need to be resettled now have to compete with other
projects‟ PACs in terms of water, food and land (which competition often leads to conflicts over
claims to land and resources).

This RAP report attempted to account for such cumulative development by consulting the district
administrator with regard to future projects in the area (especially mines). No other mines or
related large projects that might acquire large piece of land have been identified.

3.2.4 Land and Food Security

One of the biggest concerns with the development of mining projects is that land might become
restricted for rural households‟ agriculture. This impact has been reported in both case studies.
Some of the reasons for post-resettlement land issues and food insecurity can be attributed to the
following factors:

 Delays in allocation of alternative land (sometimes even subsequent to farms having been
lost);
 Alternative farmland not being prepared prior to the acquisition of farmers‟ land;
 Unproductive farmland being provided, which is unsuitable for planting crops;
 New land which is unable to support second harvests;
 Difficulties in finding alternative land as other concession areas have limited land
availability;
 Erratic water supply on newly allocated farms and insufficient provision of water points or
irrigation; and
 A struggle with the transition from having both cash income and farming plots, to relying
solely on earning money.

Factors such as these (amongst many) can lead to the reduction in food production, as well as the
number of livestock kept by households. As was the case in both these case studies, those who
had been resettled expressed concern that alternative land was often easily claimed by other
settlers, resulting in land insecurity and, eventually, the loss of land.

3.2.5 Dependency on Community Development Initiatives

Both these case studies included several community development initiatives aimed at restoring the
livelihoods of those resettled. However, from past experience, such projects can take years to
come to fruition.

In both case studies, subsequent to being resettled, many households, “[…] experienced a
deterioration of their livelihoods and independence, going from farmers able to produce food for
much of the year to communities reliant on outside aid and food-for-work programmes” (Humans
Rights Watch, 2013: p. 50). In addition, some households appear to have been very frustrated with
their loss of self-sufficiency, arguing that the project rendered them dependent on aid, employment
or community development initiatives. Clearly, although community development initiatives are
essential, PACs need to be assisted to regain their independence in food production, especially
since a mine‟s life is not permanent. In order to do this, dependence should be defined and
assessed more carefully. For example, such dependency can be the result of many factors, and
not just community development initiatives or resettlement.

3.2.6 Community Participation

Community participation is stressed by the IFC and World Bank. By reflecting upon some of the
past resettlement cases in Mozambique, community participation is essential in every step of the
resettlement process. Although community participation in itself cannot ensure good resettlement
outcomes, it is a vital ingredient in any project. Such participation goes beyond engagement with
24
EOH Coastal & Environmental Services
 Final Resettlement Action Plan of the Balama Graphite Mine – September 2014

those affected. It involves educating PAPs in their rights in the resettlement process and how they
can form part of the decision-making process“[…]” communities affected by large projects need to
be aware of their legal rights and should be able to participate meaningfully in decision-making at
all stages of resettlement. Integrated planning to coordinate the cumulative economic, social and
environmental impacts of the natural resource boom and national poverty-alleviation efforts
remains weak” (Human Rights Watch, 2013: p.23).

3.3 Resettlement Action Plan Principles

3.3.1 Guiding Principles
A central guiding principle of a resettlement project is to ensure that no PAP is worse off after
resettlement. Although the strict definition of „worse off‟ remains to be debated, proper baseline
data on the PAP‟ current livelihoods can be compared with their post-resettlement livelihoods in
order to ensure that livelihood standards have not dropped in any way. By internalising these well-
documented project risks and reflecting on the IFC guidelines, this RAP adheres to several guiding
principles (quoted from de Wet, 2013 and Huggins and Lappeman, 2012). These principles were
discussed during a workshop held by the RAP social team with an established group representing
those affected (refer to Chapter 4).

Table 3.1: Resettlement Action Plan Guiding Principles

Guiding Principle Actions
By complying with this principle, several alternative
mine infrastructure layout plans have been
Principle 1: Resettlement must be avoided or
discussed with the client. Household resettlement
minimised and alternative project designs must be
has been avoided as a result of alternative layout
explored
and design.Economic displacement of farms,
structures and graves could not be avoided.
Of importance is to ensure that those affected are
not only consulted throughout the RAP project, but
that their rights and responsibilities are clearly
communicated to them. Although it was decided that
an established group would be the most suitable
means for consultation, the following actions have
been undertaken:
 Apart from group meetings and workshops,
Principle 2: Genuine consultation and participation community meetings were also held;
must take place  The project boundaries and site infrastructure
plans were discussed with the established TWG
and village chiefs, obtaining their assistance to
engage with the farmers and households
affected; and
 Individual PAPs have been interviewed and
consulted, during which the RAP process was
explained and their rights during this process
clearly communicated.
The reason for this baseline data is primarily to
ensure that those farmers and/or households
affected are not worse off after the resettlement.
Particular aspects which have been included in this
baseline data included agricultural production levels
(food security), and maize and cotton production.
Principle 3: A pre-displacement data baseline will be
The following actions have been undertaken:
established
 A farmland asset and associated structures
inventory;
 A household socio-economic baseline survey
(census) of those affected, detailing household
composition and demography (inter alia); and
 A food production assessment of all those
25
EOH Coastal & Environmental Services Draft RAP – 2014
 Draft Resettlement Action Plan of the Balama Graphite Mine – August 2014

Guiding Principle Actions

PAPs affected.

The inventories have been used to establish

entitlements, whilst the census data will be used as
a monitoring tool for households‟ and/or farmers‟ re-
establishment post-resettlement.
Compensation rates for crop or homestead losses
were determined by the Mozambique Ministry of
Principle 4: A fair and equitable set of compensation Agriculture, and will be discussed with each affected
options must be negotiated farmer and household. No farmer will be
economicallydisplaced until full and fair
compensation has been delivered.
In order to mitigate for past resettlement, the
proponent will assist the affected farmers to prepare
their new fields during the land acquisition process.
Principle 5: Alternative farmland will be provided to Under the IFC guidelines, this is referred to as
those affected farmers and their households, and „Transitional Support‟: “Transitional support should
such beneficiaries shall be assisted to prepare their be provided as necessary to all economically
new fields during the land acquisition process displaced persons, based on a reasonable estimate
of the time required to restore their income-earning
capacity, production levels, and standards of living”
(IFC, 2012: p.7).
This RAP was compiled and will be implemented
Principle 6:Displacement must take place in according to the Regulations on Resettlement
accordance with legal requirements Process resulting from Economic Activities, as per
the Decree Nr 31/2012.
Particular vulnerable groups do not have the social
flexibility to withstand the stressed\s of the
resettlement process. Although this is very case-
specific, the following members (particularly farmers
in this project) could be considered as vulnerable
groups:

 Farmers who are disabled;

Principle 7: Vulnerable social groups must be  Female farmers;
provided for  Farmers who are old and weak; and
 Household family members who might also be
dependent on the farm, such as children, the ill
and the elderly.

Such parties need to be identified through the TWG

and each case should be investigated for being
eligible for additional support throughout the
economic displacement and compensation process.
The proponent will ensure that the compensation to
be offered and assistance provided will be built into
Principle 8:Displacement must be seen as an the overall project budget and must be clearly
„upfront‟ project cost defined as such. Resettlement expenses are often
seen as external to a project, which is to the
detriment of this process.
The entire resettlement process should be monitored
by a qualified social team, using the baseline socio-
economic data to measure post-resettlement
Principle 9: An independent monitoring against. The results of this post-resettlement
programme must be in place monitoring programme should be disclosed to
relevant stakeholders (especially those who have
undergone displacement, and government
ministries.
A Grievance Mechanism has been established and
Principle 10: A Grievance Mechanism will be in
discussed during the TWG, and community
place
meetings, but also with the individual farmers.
26
EOH Coastal & Environmental Services
 Final Resettlement Action Plan of the Balama Graphite Mine – September 2014

Guiding Principle Actions

The households that will be the most directly
impacted by the mine are those whose farms will
have to be displaced. International good practice
advocates that they should become the direct
Principle 11: The affected people should become
beneficiaries of the development which they,
direct beneficiaries of the development project
effectively, have enabled. In order to achieve this,
the client‟s proposed SED initiatives need to be
discussed with the PAPs through the TWG. These
initiatives are discussed in Chapter 6.

The report draws upon international good practice which implies that affected farmers will be
compensated for any loss of livelihood at replacement costs. In addition, they need to be provided
with project benefits, and to be assisted in restoring and improving their livelihood post economic
displacement. A paramount purpose of this report is therefore to provide the proponent with an
implementation tool to ensure that livelihood strategies and income-earning capacity of the PAP
are improved after economic resettlement.

3.3.2 Measures to Avoid Involuntary Resettlement and the Impacts Thereof

One of the most important principles of this RAP process has been to assist the proponent with
designing alternative mine infrastructural layout plans in order to avoid the involuntary resettlement
of households. As explained, several mine infrastructural layout plans were drafted by the
proponent aimed at reducing any socio-economic impact. The gradual layout changes throughout
2013/2014 are illustrated in Appendix 1.

In summary, the only village that did potentiallyrequire physical household resettlement was Pirira
Village. Although the road through Pirira will be upgraded, the layout plan aims to avoid any
involuntary resettlement, reduce economic displacement and the disturbance of gravesites and
cultural significant sites as far as possible in the following ways:
 The village of Pirira is centrally located at the entrance of the mine and in close proximity to
one of the graphite pits. Hence, utilising and upgrading the existing road that runs through
Pirira as the mine‟s main access road is a practical layout option. A large area of the village
which could potentially be affected by this upgrade was buffered and surveyed for potential
resettlement-induced impacts (households along the road were measured and additional
structures, trees and/or crops were recorded). It is not anticipated for any physical
household resettlement, although a Grievance Mechanism has been established for any
potential issues and/or physical resettlement in future; and
 Subsequent to several site visits by EOH CES and assessments by the mine through the
District Resettlement Commission, the locations of grave and sacred sites were marked
and provided to the proponent.The GPS positions of these sites are provided in Appendix
2.

27
EOH Coastal & Environmental Services Draft RAP – 2014
 Final Resettlement Action Plan of the Balama Graphite Mine – September 2014

4. STAKEHOLDER ENGAGEMENT AND PUBLIC PARTICIPATION

4.1 Introduction
Public participation is a central ingredient in any RAP, and is stressed by Mozambique legislation,
such as the Regulations on the Resettlement Process Resulting from Economic Activities (2012),
as well as the EIA Regulations (2008). Moreover, the need for public participation is also
emphasised by the World Bank and IFC, in particular the need to disclose project information to
those affected:

“Disclosure of relevant information and participation of Affected Communities and persons will
continue during the planning, implementation, monitoring, and evaluation of compensation payments,
livelihood restoration activities, and resettlement to achieve outcomes that are consistent with the
objectives of this Performance Standard”.

(IFC PS 5, 2012: p. 3)

As with the rest of this report, this chapter describes the stakeholder engagement and public
participation activities undertaken during the drafting process of this RAP report (up and until the
end of August 2014). Further engagements as part of the report‟s implementation phase will be
detailed in subsequent RAP progress reports.

4.2 Requirements
In terms of legislative requirements, the aforementioned Mozambique legislation requires any
resettlement or economic displacement project to have at least four public consultations with the
affected communities, each to be publicised in the main mass communication media. In
addition, to this requirement, the list below presents the main requirements (as per the
Mozambique regulations, but also the IFC and World Bank) in terms stakeholder engagements
and public participation pertaining to the resettlement or economic displacement process:

 Community and or individual household level engagements to introduce the RAP;

 Community, individual household level and Government official engagements to discuss
compensation strategies; and
 Disclosure of the RAP and the entitlement frameworks (Chapter 7) at community,
individual household and Government official levels.

All of these requirements have been met by this report, activities which have been sub-divided into
the following categories:
 Community Engagements;
 TWG Engagements; and
 Government Authority Level Engagements.

Up and until the end of July 2014, five site visits were undertaken by EOH CES for the RAP. These
visits are presented in Table 4.1 below.

28
EOH Coastal & Environmental Services
 Final Resettlement Action Plan of the Balama Graphite Mine – September 2014
Table 4.1: Site visits undertaken until the end of May 2014
Site Visit Nr Date Main Purposes
To introduce the RAP study team to each
village and to establish a TWG for the RAP
July 2013
1 process by electing two representatives
from each village
Surveying and assessing all the
2 August 2013 households and machambas within the
mine‟s AoI
Subsequent to amendments of the mine‟s
3 Nov–Dec 2013 infrastructural layout plan, new
machambas were surveyed
- Do disclose the RAP report to the
District Administrator and the affected
communities in accordance with the
Mozambique Regulations on the
Resettlement Process Resulting from
Economic Activities (2012);
4 May 2014
- To meet with and disclose the report to
the District Resettlement Commission;
- To discuss compensation packages
with those affected farmers through the
TWG; and
- To assess some more machambas.
- To survey some more machambas
inside the mine‟s AoI possibly to be
affected;
- Discuss the RAP report with the
Country Manager (Mr Dinis Napid0)
and make required amendments;
- Discuss the establishment of a Social
Department (for the mine to implement
the RAP report) with Mr Napido and
develop a way forward action plan for
this department;
- Meet with the District Resettlement
Commission to ascertain how the
5 August 2014 commission interprets the
Government‟s crop and tree rates and
how these should be applied to the
RAP‟s compensation plan;
- Discuss the Farmers Development
Programme (FDP) with Mr Napido and
the commission through which the mine
will meet its RAP obligations with
regard to providing and supporting
farmers with their new fields after
compensation has been paid; and
- Assess the alternative land which the
commission has identified as
replacement land.

The following chapter provides a synopsis of all the public participation activities undertaken to
date as part of this RAP. As the RAP was introduced during several community meetings held as
part of the SIA conducted in March 2013, these meetings have also been included.

29
EOH Coastal & Environmental Services Draft RAP – 2014
 Draft Resettlement Action Plan of the Balama Graphite Mine – August 2014

4.3 Community Engagements

4.3.1 Overview
Table 4.2 summarises all the RAP-related public participation engagements undertaken up and
until the end of August 2014.

Minutes for all the RAP-related meetings have been drafted and are attached to this report as
appendices 3-14. Most meetings were chaired by Ms Saranga (EOH CES) in Portuguese, and
translated into Macua (the local language) by attending community representatives.

Table 4.2 below elaborateson each meeting held. This table excludes internal meetings held with
mine management throughout the RAP process.

Table 4.2: Resettlement Action Plan (RAP)-related public participation activitiesuntil August 2014
Village Date Nr of Attendees Objective/s
Social Impact Assessment (March 2013)
Nquide 04/03/2013 150 To obtain permission from the villagers to conduct
Ntete 04/03/2013 100 a survey for the SIA, as well as to introduce the
Maputo 05/03/2013 80 RAP and explain that some machambas might be
Pirira 05/03/2013 40 affected and/or lost by the development
Resettlement Action Plan Site Visit One and Two (July-August 2013)
Ntete 08/07/2013 23
Nquide 09/07/2013 25 To introduce the RAP social team and to
establish a TWG by electing two representatives
Maputo 09/07/2013 41 from each village
Pirira 10/07/2013 102
Nquide 44  To explain the farmland assessment process
Maputo 30 and introduce the CES recruited fieldworkers to
each village;
Pirira 102  To read to the villagers their resettlement-
06/08/2013 related rights according to the Constitution of
Mozambique and resettlement guidelines;
Ntete 52  To introduce the TWG members and explain
the functioning of this group; and
 Establishing a Grievance Mechanism.
Disclosure of the Environmental, Social and Health Impact Assessment‟s Scoping Report
Ntete 19/08/2013 198
Nquide 19/08/2013 104
To disclose the scoping report of the ESHIA
Pirira 20/08/2013 83
process (EPDA), but also to discuss theRAP
Maputo 20/08/2013 191
Ntete 19/08/2013 198
Resettlement Action Plan Site Visit Three (November-December 2013)
To inform them of the third site visit‟s purpose, i.e.
All village to assess more machambas, but also to survey
28/11/2013 14
leaders some machambas which were missed during the
previous survey period in August 2013.
Resettlement Action Plan Site Visit Four: Disclosure of the RAP Report(May 2014)
Ntete 14/05/2014 14  To explain the purpose of the site visit, which
Nquide 15/05/2014 45 was to disclose the RAP report to the TWG
members and affected farmers and obtain their
Balama Town 15/05/2014 26 input;
Pirira 16/05/2014 25  To assess the remaining machambas that
might possibly be affected by the mine;
 To discuss compensation packages with the
Maputo 16/05/2014 38
TWG members and affected farmers; and
 To Disclose the Draft RAP report to the District
30
EOH Coastal & Environmental Services
 Final Resettlement Action Plan of the Balama Graphite Mine – September 2014

Village Date Nr of Attendees Objective/s

Resettlement Commission in Balama.
Resettlement Action Plan Site Visit Five: Final Amendments to the RAP Report (August 2014)
Aimed at notifying the commission of the RAP
process, as well as to discuss how the
Balama Town 21/08/2014 8
Government‟s crop compensation rates should be
applied to the project

4.3.2 Social Impact Assessment Site Visit

As illustrated in Table 4.2, the RAP was firstly introduced to all the four affected villages during
March 2013 as part of the SIA. A meeting was held in each communityto elaborate upon the
ESHIA process and explain the purpose of the SIA. In addition, villagers were also informed that
some machambas would be affected and/or lost, for which purposes more engagements would
follow. The meetings were well-attended and planned more than a week in advance.

Plate 4.1: Initial public participation meeting with the community of Nquide (Left) and Pirira (Right)

As part of the RAP, five site visits were undertaken by the RAP‟s social team up and until the end
of June 2014.

4.3.3 Resettlement Action Plan Site Visit One and Two (July-
August 2013)
The first visit (July 2013) aimed to introduce the social team to each village and to establish a TWG
by electing two representatives from each village (the establishment of this TWG is explained
shortly). Village members were asked to elect these representatives themselves, after the purpose
of the TWG in the displacement process had been explained to all. The RAP team‟s independence
from the mine was also explained, as well as the RAP‟s purpose to ultimately safeguard the
interests of the villagers in order for the mine not to affect the villagers‟ livelihood negatively.

A second RAP site visit was undertaken in August 2013 with the aim of surveying and assessing
all the households and machambas within the mining‟s AoI. A community meeting was held in
each village in order to explain the household survey and farmland assessment process, and also
to introduce the EOH CES recruited fieldworkers and TWG members. Moreover, a Grievance
Mechanism was also established in each village (explained shortly). During these meetings, the
mine‟s progressive development was also explained, i.e., it was stressed that the entire mine site
would not be developed overnight. In this way, villagers were reassured that only a certain number
of farms would actually be lost and/or affected, and that not all the households to be studied should
thereforeexpect to lose their landholdings.

A distinction was also drawn between the loss of land and the loss of crops/structures on such
land. It was explained that, as per legislation,the Government would assist those farmers who will
lose land to find alternative land, whilst the proponent would be responsible for compensating the
loss and/or disturbance of crops, trees and/or associated structures.

31
EOH Coastal & Environmental Services Draft RAP – 2014
 Draft Resettlement Action Plan of the Balama Graphite Mine – August 2014

Plate 4.2: Community meetings as part of the Resettlement Action Plan (RAP) (July-August 2013)

4.3.4 Disclosure of the Environmental, Social and Health Impact Assessment’s Scoping
Report
As part of the ESHIA process, community meetings were held on 19 and 20 August 2013 in each
affected village in order to disclose the Scoping Report (or EPDA). Representatives at these
meetings included delegates from the mine, the Ministry of Mineral Resources, as well as from
MICOA. Although these meetings were aimed at disclosing the ESHIA process, the RAP social
team was also present, as several issues regarding the loss of machambas and compensation
were raised. For example, many village members were still uncertain as to whether they could
continue with their current farming now that the surveys had commenced.In response, the
conditions relating to the individual farmer entitlement sheets signed by each studied farmer were
explained. These conditions state that farmers can continue with their farming, however that no
new machambas or structures will be compensated by the proponent subsequent to these surveys
and assessments having been completed.

Plate 4.3: Disclosing the Scoping Report (EPDA)

4.3.5 Resettlement Action Plan Site Visit 3 (November-December 2013)

During the third site visit in November and December 2013, a meeting was held with the four PAC
leaders on 28 November 2013. During this meeting, they were informed of the site visit‟s purpose,
which was to assess additional machambas, but also some machambas which were missed during
the previous survey period in August 2013. Permission was granted to proceed.

32
EOH Coastal & Environmental Services