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Environmental and Social Management Framework Maputo Municipal Development Program MUNICIPALITY OF MAPUTO MUNICIPAL COUNCIL MAPUTO MUNICIPAL DEVELOPMENT PROGRAM MOZAMBIQUE Phase II ENVIRONMENTAL AND SOCIAL MANAGEMENT FRAMEWORK UPDATE April 2010 By: Madalena Dray and Bruno Nhancale Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized
Transcript

Environmental and Social Management Framework Maputo Municipal Development Program

MUNICIPALITY OF MAPUTO

MUNICIPAL COUNCIL

MAPUTO MUNICIPAL DEVELOPMENT PROGRAM

MOZAMBIQUE

Phase II

ENVIRONMENTAL AND SOCIAL MANAGEMENT FRAMEWORK UPDATE

April 2010 By: Madalena Dray and Bruno Nhancale

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Environmental and Social Management Framework Maputo Municipal Development Program

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ACRONOMYS

ARA Regional Water Administration / Administração Regional de Água

CMM Maputo Municipal Council /Conselho Municipal de Maputo

DGA Environmental Management Department / Departamento de Gestão Ambiental

DIA Environmental Inspection Department /Departamento de Inspecção Ambiental

DMPUA Municipal Directorate of Urban Planning and Environment / Direcção Municipal de Planeamento Urbano e Ambiente

DNAIA National Directorate for Environmental Impact Assessment / Direcção Nacional de Avaliação de Impacto Ambiental

DPCA Provincial Directorate for Coordination of Environmental Affairs / Direcções Provinciais de Coordenação da Acção Ambiental

DPU Urban Planning Department / Departamento de Planeamento Urbano

EIA Environment Impact Assessment

EMP Environmental Management Plan

ESMF Environmental And Social Management Framework

FIPAG Water Supply Investment and Assets Fund / Fundo de Investimento e Património de Água

GDEI Office for Institutional and Strategic Development / Gabinete de Desenvolvimento Estratégico e Institucional

GTZ German Agency for Technical Cooperation

IAPs Interested and Affected Parties

IDA International Development Association

MICOA Ministry for Coordination of the Environmental Action – Ministério para a Coordenação da Acção Ambiental

MMDP Maputo Municipal Development Program

NGO Non Governmental Organization

PEUMM Structure Plan for the Municipality of Maputo - Plano de Estrutura Urbana do Município de Maputo

RFP Resettlement Policy Framework

RPAIA Regulation on the Environmental Impact Assessment Process / Regulamento do Processo de Avaliação de Impacto Ambiental

RSU Urban Solid Wastes / Resíduos Sólidos Urbanos

SES Simplified Environmental Study

ToR Terms of Reference

UEM Eduardo Mondlane University / Universidade Eduardo Mondlane

WB World Bank

Environmental and Social Management Framework Maputo Municipal Development Program

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TABLE OF CONTENTS

EXECUTIVE SUMMARY ......................................................................................................... I

1. INTRODUCTION............................................................................................................. 1

2. SCOPE OF ACTION AND METHODOLOGY ................................................................. 2

2.1 OBJECTIVE .................................................................................................................................... 2 2.2 METHODOLOGY ............................................................................................................................. 2

3. DESCRIPTION OF THE MAPUTO MUNICIPAL DEVELOPMENT PROGRAM.............. 4

3.1 INTRODUCTION .............................................................................................................................. 4 3.2 MMDP I ........................................................................................................................................ 4 3.3 MMDP II ....................................................................................................................................... 5

TRANSPORT AND TRANSIT ................................................................................................ 8

4. LEGAL AND INSTITUTIONAL FRAMEWORK REGARDING THE

ENVIRONMENTAL ISSUES IN MOZAMBIQUE ..................................................................... 9

4.1 LEGAL FRAMEWORK .......................................................................................................................... 9 4.1.1 Environmental Assessment ................................................................................................ 9

4.1.2 Other relevant legal aspects ............................................................................................. 12

4.2 INSTITUTIONAL FRAMEWORK ........................................................................................................... 15 4.2.1 National Scope ............................................................................................................... 15

4.2.2 Level the city of Maputo ................................................................................................... 16

5. WORLD BANK’S SAFEGUARD POLICIES ................................................................. 21

6. LESSONS LEARNED FROM THE IMPLEMENTATION OF EMSF IN MMDP I ............ 29

7. BRIEF DESCRIPTION OF THE ENVIRONMENTAL AND SOCIAL CONDITIONS ...... 30

7.1 BACKGROUND ............................................................................................................................... 30 7.2 BIOPHYSICAL ENVIRONMENT ................................................................................................. 30

7.3 SOCIOECONOMIC ENVIRONMENT ........................................................................................... 33

8. POTENTIAL ENVIRONMENATL AND SOCIAL IMPACTS DUE TO THE INFRASTRUCTURE INVESTMENTS ................................................................................... 37

8.1 POTENTIAL ENVIRONMENTAL IMPACTS ............................................................................................. 37 8.2 POTENCIAL SOCIAL IMPACTS............................................................................................................... 40

9. PROCEDURES FOR ESMF IMPLEMENTATION ......................................................... 44

10. RECOMMENDATIONS ................................................................................................. 48

11. CONCLUSIONS............................................................................................................ 52

12. REFERENCES ............................................................................................................. 53

ANNEXES ................................................................................................................................. 54

Environmental and Social Management Framework Maputo Municipal Development Program

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LIST OF TABLES Table 1 – Scheduled physical activities under MMDP II ...................................................................... 7

Table 2 - Sensitive areas included in Category A (Decree No. 45/2004)........................................ 10

Table 3- Activities included in Category A (Decree No. 45/2004) .................................................... 11

Table 4 - Activities included in Category C (Decree No. 45/2004) ................................................... 11

Table 5 – Responsibilities of the Department of Urban Planning, Environmental Management and Environmental Inspection ............................................................................................................... 17

Table 6 – World Bank‟s Safeguard Policies......................................................................................... 22

Table 7 - Category A Projects (OP 4.01) ............................................................................................ 27

Table 8 - Category B Projects OP 4.01) ............................................................................................... 27

Table 9 - Category C Projects (OP 4.01) ............................................................................................. 27

Table 10 – Potential negative environmental impacts........................................................................ 37

Table 11 – Potential positive environmental impacts ......................................................................... 39

Table 12 – Potential negative social impacts ...................................................................................... 40

Table 13 – Potential negative social impacts ...................................................................................... 42

Table 14 - Institutional organization and responsibilities in implementing the ESMF.................... 48

LIST OF FIGURES Figure 1 - Macro-Organizational Structure of the Municipal Council of Maputo ............................. 19

Figure 2 – Municipality of Maputo ......................................................................................................... 30

LIST OF ANNEXES Annex 1 - Terms of Reference

Annex 2 - Participants In The Public Consulting Meetings

Annex 3 - Concerns and Expectations raised in the meetings held with the District Consultive Councils

Annex 4 – Screening Checklist for MMDP II

Annex 5 - Screening Form for MMDP II

Annex 6 - Mitigation Measures for Projects of Category C

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Maputo Municipal Development Program – EXECUTIVE SUMMARY i

EXECUTIVE SUMMARY

Introduction

Since 2007, the Municipal Council of Maputo has been implementing the Maputo Municipal Development Program - MMDP, with an IDA/World Bank loan.

MMDP is integrated in a broader action program for the Maputo Municipality – the ProMaputo and has as an overall objective "Increase the coverage and quality of municipal services to citizens by strengthening the Maputo Municipal Council’s institutional and financial capacity”. It was designed for a period of 10 years, to be developed in two phases: the first phase – MMDP I (from 2007 to August 2010) and the second phase – MMDP II (from September 2010 to 2016).

Before launching MMDP an Environmental and Social Management Framework (ESMF) was created to ensure the environmental and social safeguards in all infrastructure activities included in the program, complying with the World Bank‟s Operational Policy for Environmental Assessment (OP 4.01). Additionally it was prepared a Resettlement Policy Framework (RPF).

This document is an update of the ESMF for MMDP II. It was prepared by a consultant hired by the CMM, and reviewed and approved by the World Bank‟s Safeguard Specialist who is a member of the project team and who advises on all safeguard related matters. Both the ESMF and the RFP will be disclosed in Mozambique and at the World Bank‟s InfoShop prior to Appraisal of the Project.

Objective and Methodology

The Environmental and Social Management Framework (ESMF) has as objective the establishment of a process for the environmental and social protection of projects that will be implemented by MMDP II. It is a strategic guide to be used as a tool during the implementation of the various MMDP II projects.

The used methodology comprises documentation review, field visits, consultation with stakeholders and ESMF preparation.

It shall be stressed that during the preparation of the ESMF for the MMDP I, it was undertaken a consultation to stakeholders, including representatives of the Maputo Municipality, responsible entities for the environmental impact assessment nationwide, district authorities and NGOs operating in Maputo. In this ESMF review the public consultation was extended to a larger number of citizens‟ representatives, members of District Consultative Councils of the municipality. It is important to note that these bodies comprise representatives of the local administration of each district, also including representatives of civil society.

Maputo Municipal Development Program

The objective of the first phase - MMDP I (from 2007 to August 2010) is to support improvements in institutional and organizational development, financial management and certain priorities in the area of service delivery in the municipality The second phase – MMDP II (from September 2010 to 2016) will still focus on municipal development and strengthening municipal finance, also including a significant increase of interventions in the area of infrastructure and services.

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Maputo Municipal Development Program – EXECUTIVE SUMMARY ii

MMDP II comprises the following components:

Component A – Institutional Development: The objective of this component is to strengthen municipal capacity for ensuring service delivery in response to citizen demand.

Component B – Financial Sustainability: The objective is to ensure the financial sustainability of CMM.

Component C – Urban Planning: The objective is to guarantee the equitable and sustainable management of municipal land. Spatial rather than sector investments will be financed to ensure an integrated package of basic services that are both respectful to the environment and promote an efficient use of land. Includes the development of land use zoning and coastal zone management and the implementation of a program with physical (as roads, water supply, sanitation, etc) and social interventions in informal settlements and regularizing the informal occupation of the land through the issuing of land use rights.

Component D – Urban Infrastructure: The objective of this component is to ensure the construction and maintenance of municipal infrastructure through the funding of maintenance and construction of new infrastructure, according to relevant sector strategies and master plans.

Component E – Metropolitan Development: The objective of this component is to introduce a metropolitan approach for the improvement of selected municipal services, in the sectors of transport & transit and solid waste management.

The objective of these components as well as its projects have been subject to extensive participatory discussions involving various stakeholders, including the technical teams of the various areas of CMM, community organizations and representatives of citizens at the level of Municipal districts and neighborhoods, civil society in general, the public sector, cooperation partners, among others.

The physical interventions under MMDP II scope of action will be the subject of this ESMF are included in the components of Institution Development, Urban Infrastructure, Urban Planning and Metropolitan Development, comprising:

Institution Development Component:

Construction of new administrative buildings Rehabilitation and maintenance of existing administrative buildings Construction of small water supply systems Construction of boreholes equipped with hand/manual water pumps

Urban Infrastructure Component: Construction of new roads Rehabilitation and maintenance of existing roads Construction of Marracuene Cemetery

Urban Planning Component:

Improvement of Informal Settlements Rearrangement of plots Construction of new roads Rehabilitation and maintenance of existing roads Construction of low cost water waste treatment systems in situ

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Rehabilitation of the drainage system Construction of small water supply systems Construction of boreholes equipped with manual water pumps Public lightning

Metropolitan Development Component

Transport and transit - Traffic signs

Solid Waste Management - Increased solid waste collection - Improving the management of the Hulene Waste Dump Site and its future

closure - Elimination of the existing informal garbage dumps - Improving formal dumps

The total value of the MMDP is 200 million USD. Phase 1 had received an allocation of $ 43 million, of which 30 million from the IDA/World Bank, having been assigned 20 million for the improvement of service provision. For stage II CMM estimates a budget of US$105 million, with a contribution of US$50 million of IDA/World Bank. It shall be stressed that the ProMaputo Program has additional funds, from other cooperation partners.

The MMDP was developed as a program not fully financed by the World Bank. Thus, its activities and management are fully integrated in the city‟s planning and budgeting, administrative and reporting systems. To enhance the sustainability of the program, MMDP is being implemented without a Project Implementation Unit, relying on line structures supported by technical assistance personnel focusing on systems development and capacity building.

The objectives and progress of MMDP are systematically measured by indicators and inserted with detail in matrixes for evaluation. The planning of the programme emphasizes that monitoring should be an integral and the charge of the management team of MMDP, under the responsibility of the President of CMM in conjunction with the Office of Strategic and institutional Development (GDEI).

Legal and Institutional Framework on Environment in Mozambique

In Mozambique the Environmental Law (Law No. 20/97 of 7 October 1997) defines the legal bases for the use and management of the environment as a means of safeguarding the sustainable development of the country.

According to the Environmental Law, Environmental Impact Assessment is an instrument that supports the decision-making on the allocation of environmental license. The environmental licensing should precede any other license legally required in all public and private activities that can be directly or indirectly affected by the environment.

The Environmental Impact Assessment Process is regulated by Decree No. 45/2004 (as amended by Decree No. 42/2008 of 4 November). Environmental Auditing and Environmental Inspection are regulated respectively by Decrees no. 32/2003 and 11/2006.

The first stage of the environmental assessment process consists in the selection of projects for environmental assessment, to define the extent and type of required environmental assessment. As in World Bank Operational Policy, Mozambican

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Maputo Municipal Development Program – EXECUTIVE SUMMARY iv

Regulation on EIA considers three categories of project to identify the appropriate level of environmental assessment:

Category A: projects likely to cause significant impacts due to activities proposed or the sensitivity of the area, requiring full Environmental Impact Assessment (EIA) (including an Environmental Management Plan-EMP).

Category B: corresponds to projects which could have negative impacts of short duration, intensity, extension, magnitude and/or significance, requiring a Simplified Environmental Study (SES) and Environmental Management Plan (EMP).

Category C: projects that do not require an environmental assessment, but that are subject to compliance with the requirements of directives of good environmental management.

The regulation in its Annex I list circumstances which lead to classification of a project category, taking into account the sensitivity of the proposed project area (Table 2) and the type of the proposed activity (Table 3). Annex III contains the list of activities classified as Category C.

In addition, Mozambique has several other regulations concerning air and water quality, water resources management, biodiversity, land, cultural heritage, which are described in Chapter 4 of the ESMF.

The Ministry for the Coordination of Environmental Action (MICOA) is the ministry governing environmental licensing and the environmental assessment process, through the National Directorate of Environmental Impact Assessment (DNAIA).

In the municipality this area is under the responsibility of the Municipal Directorate for Urban Planning and Environment (DMPUA), through the Department for Environmental Management (DGA) and the Department for Environmental Inspection (DIA).

Following the recommendation of MMDP I‟s EMSF, CMM established a memorandum of understanding with the MICOA, having been offered a DNAIA staff to lead the DGA. Currently the DGA and DIA have 4 and 3 technical respectively, however beyond the DNAIA staff, just one more staff, uncharged of UNHabitat has experience in environmental assessment. The training proposed in ESMF was not being implemented, and there is currently an insufficient number of trained staff. In the face of this the two departments act as a single team.

World Bank’s Safeguard Policies

There are ten safeguard policies in the World Bank, created to inform decision making, ensuring that projects financed by the Bank are environmentally and socially sustainable. These Operational Policies include:

- Environmental Assessment (OP 4.01)

- Natural Habitats (OP 4.04)

- Forestry (OP 4.36)

- Pest Management (OP 4.09)

- Cultural Heritage (OP 11.03)

- Indigenous People (OP 4.10)

- Involuntary Resettlement (OP 4.12)

- Safety of Dams (OP 4.37)

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Maputo Municipal Development Program – EXECUTIVE SUMMARY v

- Projects on International Waterways (OP 7.50)

- Projects in Disputed areas (OP 7.60)

The MMDP triggered four of the World Bank’s Safeguard Policies, namely OP 4.01 Environmental Assessment; OP 4.04; OP 11.03 Cultural Heritage; OP 4.12 Involuntary Resettlement.

OP 4.01 Environmental Assessment, The objective of this policy is to ensure that projects financed by the World Bank are environmentally sound and sustainable, and that decision making is improved through adequate analysis of actions and their possible risks and environmental impacts in the natural environment (air, water and soils); human health and security; physical-cultural resources; and global and transboundary and global environment aspects. This policy is applicable when a project has potential to cause negative environmental impacts in its area of influence. The activities included in MMDP II can cause negative environmental and social impacts due to, during the construction phase and/or pos-construction, that can lead to soil erosion, noise and air pollution , soil and groundwater pollution, just to mention a few. Social effects are also to be expected, for example, potential impacts on public health, impacts on urban traffic and involuntary resettlements.

Based on Operational Policy on Environmental Assessment (OP 4.01), the MMDP II was classified in Category B. Since the investment in infrastructure of MMDP II will be defined only at the stage of appraisal it becomes necessary to conduct a management framework to ensure environmental and social mitigation of potential negative social and environmental impacts.

OP 4.04 Natural Habitats, This policy recognizes that the preservation of natural habitats is essential to protect original bio-diversity; for the preservation of environmental services and products for human society and for long term sustainable development. By funding projects, the Bank expects the proponents to apply the precautionary principle in the management of natural resources, in order to ensure opportunities for sustainable environmental development. This policy is used by any Project or sub-projects considered as potential originator of significant changes (loss) or degradation of natural habitats, be it directly (through the construction) or indirectly (with the human activities caused by the project). Natural Habitat areas in the municipality of Maputo are very scarce, and are limited to some coastal zones north of the municipality and to the Inhaca Island. This policy will only apply to sub-projects located next to these areas. During MMDP II the only activities in coastal and protected areas will be plans and not any physical investment are planned for these areas.

OP 11.03 Cultural Heritage, The objective of this policy is to help countries to prevent and mitigate negative impacts generated by development projects in physical-cultural resources. For the purposes of this policy “physical-cultural resources” are defined as mobile or static objects, the sites, the structures, the groups of structures, the characteristic and the archeological, paleontological, historical, architectonic, religious natural sceneries of great beauty or cultural significance. Such resources can be located in urban or rural areas, in surface environments, underground or under the sea. This policy is applied whenever negative impacts are expected in physical-cultural or religious properties (sacred areas, cemeteries, cult sites). All projects classified as Category A or B, which requires environmental assessment under directive OP 4.01 also, should follow this policy. This policy is applicable to all MMDP projects that can directly or indirectly interfere with areas of cultural or religious interest, which are not expected.

OP 4.12 Involuntary Resettlement, The objective of this policy is to (i) avoid or minimize involuntary resettlement, where feasible and explore all viable alternative project

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designs; (ii) assist displaced people in improving their former living standards, income earning capacity, and production levels, or at let in restoring them; (iii) encourage community participation in planning and implementing resettlement; and (iv) provide assistance to affected people regardless of the legality of land tenure. This policy does not cover only physical relocation but any loss of income sources resulting in: (i) relocation or loss of shelter; (ii) loss of assets or means of livelihood; (iii) loss of income sources or means of subsistence, whether or not the affected people must move to another location. In these cases the World Bank requires the establishment of a Resettlement Action Plan (RAP), based on a Resettlement Policy Framework (RFP). For some activities of MMDP II it may be necessary to affect or remove houses or other structures and in this case, it will be required to implement the Resettlement Policy Framework developed for the MMDP II.

Lessons learned from the implementation of EMSF in MMDP I

As a result of the restructuring of the municipality held in 2007, CMM has since then an institutional structure responsible for environmental management in its territory, particularly the Department of Environmental Management and the Department of Environmental Inspection. As stated previously, these departments have scarcity of trained staff. Both share the same technical coordinator and act as a single team, is not clearly determined their assignments and responsibilities.

During the MMDP I, teams of DGA and DIA were responsible for the implementation of the ESMF, in particular by preparing screening forms, terms of reference for environmental impact studies, evaluating proposals, monitoring of consultants, review of studies and participation in the process of resettlement. It was carried out the Resettlement Plan for Avenida Sebastião Marcos Mabote, the EIA of the Cemetery of Michafutene/Marracuene and terms of reference for the EIA of the Rehabilitation of Avenida Julius Nyerere. The shortage of trained staff generated some difficulties in implementing these steps that were being progressively overcome with the support of GDEI and MICOA.

However, the intervention of the DGA and DIA occurred in general only very reactive, only to meet the needs of legal requirements or WB itself or for the resolution of problems occurring in the works. There were difficulties of articulation between the DGA and the other departments at the planning stage of activities or even preparation of specifications for contractors, partly due to lack of knowledge of the ESMF. It should be noted that despite this denotes some socio-environmental sensitivity on the part of the technical departments of infrastructures for issues related to drainage, erosion and impact on people and goods, which are already generally considered since the planning phase. It is recognized the importance of ongoing work of a municipal social official with people affected by the project.

The implementation of ESMF was in some way affected by the time-consuming process of acquisitions of consultants or training, which resulted in delays in the commencement of services or even in non-provision of training. With regard to capacity building is noted that the ESMF proposed a set of training actions have not being implemented or integrated into the municipality‟s training plan. The lack of car affected to the DGA/DIA is regarded as a constraint, which limits the actions of the environmental inspection.

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Maputo Municipal Development Program – EXECUTIVE SUMMARY vii

Brief Description of the Environmental and Social Conditions

The city of Maputo, capital of the Republic of Mozambique, is located at the extreme south of Mozambique. It is bordered on the east by the Indian Ocean. According to the 2007 Census, the city of Maputo has about one million inhabitants.

The city of Maputo is located in a tropical rainy area. The geomorphology comprises the coastal plain (with dunes and alluvium) and the higher area, with interior and consolidated dunes, both conducive to the development of erosion phenomena. Due to human occupation, the natural habitats of the municipality are scarce, occurring however still some natural vegetation on the coastal zone, North of the municipality, associated with dunes, wetlands and estuaries (in particular mangroves. The water quality is affected by the lack of sanitation infrastructures, while air quality and the ambient noise level are mainly affected by car traffic.

In 2007, the population density of the city of Maputo was 3.648 inhabitants per km2. Only 20% of the total population of the city lives in urban areas, which are currently about 10% of the area of the municipality. Since the 1970s that occurs a significant influx of people into the city of Maputo, which has worsened in the 1980s due to civil war. During this period several informal settlements emerged without any planning or infrastructure. Currently there is a great lack of infrastructure, equipment and services.

The Structure Plan for the Municipality of Maputo (PEUMM) was prepared in 2008, within the scope of the MMDP I. It considers the main options for the municipality to be to:

Re-qualify informal neighborhoods;

Improve access to all areas and to the city centre and to the routes leading to the rest of the region and neighboring countries;

Ensure an ecological balance and quality of the environment;

Create new economic and social, cultural, recreational and administrative centers of activity;

Density urban spatial occupation in Maputo;

Develop urban infrastructures and services;

Open new structures in urban areas to absorb the increase in population, including areas set aside for social housing;

Promote the construction of social housing;

Ensure the preservation of the quality of monuments and the cultural and historic heritage that enrich and embody the city‟s collective memory.

Potential Environmental and Social Impacts

Regardless of where they will be implemented under MMDP II, their potential negative and positive environmental and social impacts were identified, based on the type of the proposed activity.

These impacts are presented below, in a structured way, for all type of physical activities foreseen in the MMDP II, with exception for the Marracuene Cemetery. During the MMDPI an environmental assessment was already carried out for the Marracuene Cemetery. It‟s EMP will be implemented during the MDPPII.

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Potential general impacts

- Disagreements over the location of the structures can lead to conflicts.

- Destruction or damage to buildings and structures located near the construction site.

- Occupation and/or destruction of agricultural areas (farms) and/or fruit trees.

- Localized changes in environmental quality due to noise emission, air pollutants, wastewater and solid waste.

- Erosion and silting up of waterways due to sediments

- Road traffic and pedestrian access disturbances during construction and increased risk of road accidents

- Cutting of services / buried infrastructure (telecommunications, electricity, sanitation)

- Destruction of cultural heritage findings

- Creation of erosion points due to inadequate closure of the works

Potential Impacts of Municipal Buildings

- Changes in the surface drainage patterns, runoff blockage, flooding upstream

Potential Impacts of Urban Roads - Risk of increased erosion on the slopes and discharge points of the road‟s

drainage components

- Increased risk of traffic and pedestrian accidents due to the higher traffic

velocity

Potential Impacts of Sanitation and Drainage - Contamination of water supply sources due to latrines overflow. - Increased risk of vectors that transmit diseases (mosquitoes, flies, small

rodents) development

- Lack of maintenance and unhygienic conditions can lead people to avoid the use of latrines

- Changes in land use (i.e., potential flood areas could begin to be targeted for residential occupation)

- Solid waste disposal in drainage channels, causing blockage and water contamination

- Indiscriminate waste water discharge in the channel, causing water contamination

- Increased public health risk due to the use of discharged water for human consumption by the surrounding population

- Increased risk of developing disease-transmitting vectors (mosquitoes) along the ditches

- Increased flooding and erosion in the channel‟s discharge area, affecting land use and structures and facilities existent there

- Water pollution downstream, bringing impacts on public health and potential impacts on ecologically sensitive areas (e.g. mangroves, wetlands)

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Maputo Municipal Development Program – EXECUTIVE SUMMARY ix

Potential Impacts of Water Supply

- Risk of aquifer over exploitation

- Risk of erosion around the source caused by the water flowage

- Increased risk of developing disease-transmitting vectors (mosquitoes) in the puddles created around the springs/ wells

- Risk of developing diseases related to water due to poor maintenance of the spring and the surrounding area

Potential Impacts of Solid Waste Management - Waste loss from the collection and transport vehicles during the collection route,

causing deterioration in environmental quality along the route

- Accumulation of contaminated water in waste containers; subsequent discharge and contamination of the environment

- Spillage from waste container, causing soil and water contamination

- Waste accumulation outside the containers, creating health risks and negative visual impacts

- Conflicts with scavenger who frequent and/or reside at Hulene Waste Dump Site, over income loss

- Risk of improper settlement in the waste dump site areas after its closure

- Lixiviates continue contaminating the surface and ground water after closure

- Population using wells surrounding the area after the closure of the waste dump sites

- Conflicts with informal landfill users

- Emergence of new informal deposition points

- Indiscriminate waste deposition even after the closure of the waste dump sites

Procedures for ESMF implementation

The comparative analysis of the Environmental Impact Assessment Process legally established in Mozambique (Decree No45/04) with the OP 4.01 from World Bank on Environmental Assessment indicates a great parallel between the two.

The stages of the environmental impact assessment process are presented below. The steps and players in the process of Involuntary Resettlement are listed in the Resettlement Policy Framework of MMDP II, prepared in parallel with the present ESMF.

Screening, to classify the activities within Categories A, B or C, based on its characteristics and on the environmental and social sensibility of the project area. To support this step the ESMF provide a checklist and an Environmental Pre-Assessment Sheet, the last to be submitted to DNAIA

Preparation of Terms of Reference, to define the scope of the study (in case of A or B Category projects). The ToR has to be sent to the World Bank‟s Environmental and Social Safeguard specialist for no-objection and then to DNAIA-MICOA, for approval.

Preparation of the EIA or SES and public participation process, by the environmental consultant registered at DNAIA, hired by the Borrower, following the approved terms of reference.

Revision and Approval is undertaken by DNAIA, being preceded by an internal revision in CMM.

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Maputo Municipal Development Program – EXECUTIVE SUMMARY x

Compilation of environmental and social requirements for Tender Documents – mitigation measures included in the Environmental Management in the List of Mitigation Measures for Category C projects (attached in the ESMF) has to be included in the Tender Documents for the Project designer or contractor.

Both during the execution of works, as in the post-construction the CMM should monitor the implementation of the Environmental Management Plan and/or mitigation measures included in this ESMF, and carrying out the monitoring of environmental indicators.

Recommendations

The ESMF makes recommendations to improve the performance of the municipality in implementing the policies of environmental and social safeguards, particularly in terms of the institutional, technical and administrative aspects.

In institutional terms, the Municipal Directorate for Urban Planning and Environment is responsible for implementing the ESMF of MMDP II. However, it is crucial the involvement of other municipal directorates responsible implementing activities targeted by this ESMF (proponent), from the early stages of business planning, construction and operation (post-construction).

On the table bellow is duly described the level of intervention for each of the municipality bodies and other participants in the processes and procedures described above.

Process / Procedure Body responsible Assignments

Environmental Impact Assessment Process

Screening DGA

Technical Dept. proponent (transport, water and sanitation, solid waste, etc.)

DNAIA

Based on technical information about the proposed activity and site visits. DGA will indicate the respective category and fill in the Preliminary Environmental Information Sheet and forward it to the DNAIA

Preparation of EIA or SES ToRs

DGA

GDEI

If the activity is classified as Category A or B DGA prepares the EIA or SES ToRs, with the support from GDEI and later sends it to the WB for no-objection

Preparation of the EIA or SES and directing the public participation process

Consultant

DGA

Technical Dept. proponent of the activity (buildings, roads, water and sanitation, solid waste, etc.)

District Administrations

The Consultant is responsible for the preparation of studies and for conducting the environmental assessment studies and conduct the public participation process.

DGA is the focal point of communication between the consultant and the other departments of the municipality, including District Administrations.

District Administrations support in contacts with the community and facilitate the participation process, namely through the establishment of local committees

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Review and Approval DGA

MICOA / DNAIA

Performs review of the study and submits it to DNAIA

Through DNAIA, MICOA performs the review and approval of the study and issues the environmental permit

Compilation of environmental and social requisites

DGA Responsible for compiling the impact mitigation measures that must be implemented by the designers and contractors

Preparation of Tender Documents

Technical Dept. as the proponent of the activity (buildings, roads, water and sanitation, solid waste, etc.)

Integrates the compiled mitigation measures to be incorporated in the Tender Documents for Project Design or Works

Supervision and Monitoring

Works Supervision DIA

Technical Dept. as the proponent of the activity (buildings, roads, water and sanitation, solid waste, etc.)

The technical department is responsible for work supervision, as well as the implementation of the mitigation measures mentioned in the Tender Documents

DIA provides technical support to supervision and makes occasional visits to the work site

Monitoring of Environmental Indicators

DGA Performs the monitoring of environmental indicators

To ensure the effective operation of the processes, procedures and actions contained in this ESMF there is the need to implement a training plan for all participants – DMPUA technicians, technicians from local bodies‟ directions responsible for implementing the activities, District Directorates and District Consultative Councils.

The training plan to be developed in several modules should be developed and implemented by a consultancy with training experience and with experienced instructors in the areas of infrastructure environmental and social assessment, to be hired through an open competition.

The modules should have, whenever possible, a practical component that facilitates their real application, including:

Basic practices: categorization of the activity; environmental impact assessment process; public participation

Environmental Impacts: selection of the intervention area by reducing environmental and social impacts; mitigation of impacts measures to be included in Tender; impact management during construction;

Monitoring and grievance redress: transparency and public administration at the planning stage, responsibility for recording and monitoring during the implementation phase, the procedure for registering complaints and their responses

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The whole process implemented in the light of this ESMF should be properly documented and filed for future reference in the audit stage. DGA shall produce a report of activities carried out under the ESMF on an annually base

The costs of implementing the ESMF are related to municipality institutional capacity building, as well as of all the actors and the need for environmental consultants to prepare environmental assessments for certain projects.

The training will be more intense in the initial phase, requiring a greater involvement of technical assistance and more training for technicians from the municipality. In the following years the training may be of shorter duration. It is estimated a total cost of U.S. $ 185,000 for training the scope of this ESMF, U.S. $ 85,000 for the first year and $ 25,000 annually for the remaining years.

For studies to be undertaken, should be considered a unit cost of $ 75,000 for a Category B Simplified Environmental Study.

Additionally should be considered the cost of environmental permit, 0.02% of the value of the investment activity.

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1. INTRODUCTION

Since 2007, the Maputo Municipal Council has been implementing the Maputo Municipal Development Program (MMDP), with an IDA”/World Bank loan. The MMDP has as its overall objective "Increasing the coverage and quality of municipal services to citizens by strengthening the Municipal Council of Maputo’s institutional and financial capacity. It is integrated in a wider action program of the Municipality, the ProMaputo.

The ProMaputo was designed for a period of 10 years, to be developed in two phases. The first phase – MMDP I (from 2007 to August 2010) – has as its main focus the institutional reinforcement, the strengthening of municipal finances, and the integrated urban planning, including, as well, the financing of some measures of immediate impact on infrastructure and services. In its second phase – MMDP II (from September 2010 to 2016) – the main focus will continue to be municipal development, strengthening of municipal finances and a significant increase in interventions on infrastructure and services.

Based on the types of projects it comprises MMDP I was classified by the World Bank as a Category B project under OP 4.01, on the Environmental Assessment.

Before launching MMDP an Environmental and Social Management Framework (ESMF) was created. Its aim was to define a process that would ensure that policies for the Environmental and Social Protection of the World Bank were considered in all MMDP infrastructure activities, from planning stage to implementation. Additionally it was prepared a Resettlement Policy Framework (RPF) following specific Terms of Reference.

Since the type of projects MMDP II covers is also classified as Category B, the existing ESMF continues to be used as the basis for the implementation of the Safeguard Policies, after due date.

This document is the update of the ESMF for MMDP II in order to be applicable for MMDP II. It was prepared by a consultant hired by the CMM, and reviewed and approved by the World Bank‟s Safeguard Specialist who is a member of the project team and who advises on all safeguard related matters. Both the ESMF and the RFP will be disclosed in Mozambique and at the World Bank‟s InfoShop prior to Appraisal of the Project.

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2. SCOPE OF ACTION AND METHODOLOGY

2.1 OBJECTIVE

At this stage no details are known, nor is the location of future urban infrastructure and services investment under the scope of MMDP II. Therefore, it is not possible to assess in detail what the environmental and social consequences will be.

The aim of the Environmental and Social Management Framework (ESMF) is to establish a process for the environmental and social protection of projects that will be implemented by MMDP II. It is a strategic guide to be used as a tool during the implementation of the various MMDP II projects which could be also used for other projects to be implemented under the ProMaputo.

2.2 METHODOLOGY

In general terms, the consultant process involved four steps, namely:

Documentation Review;

Field visits;

Consultation with stakeholders;

Preparation of ESMF.

Review documentation

Several documents related to MMDP and the municipality were reviewed, namely:

Environmental and Social Management Framework (ESMF) of MMDP I

Resettlement Policy Framework (RFP) of MMDP I

Urban Structure Plan for the Maputo Municipality

Project Concept Note

Project Information Documents (Concept Stage)

Integrated Safeguard Data Sheets (Stage Design)

Aide Memoire for Technique Actions

In addition, relevant national legislation was reviewed in order to update the legal framework presented in the ESMF MMDP I and review the World Bank‟s Safeguard Policies and the Toolkit Environmental and Social Management Framework for World Bank Projects with Multiple Small-Scale Subprojects, published in 2006.

Field Visits

To facilitate familiarization with the environmental and social impact of MMDP II infrastructure projects, the sites where some of these projects should take place were

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visited and an analysis of aerial images of these sites through GoogleEarth 2009 was also conducted.

Consultations

Meetings were held with the CMM‟s staff involved with MMDP in order to assess the implementation of ESMF during MMDP I and to identify any difficulties.

During the preparation of the ESMF for MMDP I, consultation meetings were held with the representatives for MMDP in the Municipality of Maputo, the responsible entities for the environmental impact assessment nationwide - the National Directorate of Environmental Impact Assessment at the Ministry for Coordination of Environmental Affairs, local authorities and NGOs operating in Maputo.

In this ESMF review the public consultation was extended to a larger number of representatives of the citizens, members of the different District Consultative Councils of the municipality. It is important to note that these bodies are composed by members of the local administration of each district and its neighborhoods, also including representatives of civil society, religious institutions, schools and non-governmental organizations.

As a result, meetings were held with the District Consultative Councils of districts nr. 1, 2, 4 and 5, considered as representative of the municipality and where most of the activities of MMDP II will be concentrated. Annex 2 presents the list of participants in these meetings.

During these meetings there was a presentation on the Draft Report of ESMF. The procedures to be taken before the completion of activities were presented as well as some measures to be taken to protect the environment. In these meetings it was also emphasized the role of stakeholders in monitoring the implementation of ESMF and RFP.

The concerns and expectations presented by the parties are listed in Annex 3 and have been duly considered in this ESMF.

Preparation of ESMF

The information collected on MMDP II allowed the detailed description of the program and the identification of projects that could generate social and environmental impacts.

The review of legislation published after 2006 made it possible to update the relevant legal framework, while the upgrading of the socio-environmental characterization of the municipality was based on the consultation of recently published documents (such as the Urban Structure Plan for the city of Maputo) and additional information provided by the CMM.

The environmental and social impacts and their mitigation measures and monitoring identified in the ESMF MMDP I were reviewed and potential impacts and mitigation measures and monitoring of new projects in MMDP II were identified.

The report ESMF was structured following the established by the Terms of Reference.

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3. DESCRIPTION OF THE MAPUTO MUNICIPAL DEVELOPMENT PROGRAM

3.1 INTRODUCTION

The Municipal Council of Maputo aims to lead the process of enhancement the quality of life for the citizens, creating an attractive environment for investment and job creation in the municipality through the provision of better services, the mobilization of the citizens and the coordinated action between the all players. In view of that, it was created the ProMaputo Program.

The definition of the objectives and priorities of this program went through a participatory process which included consultations with various stakeholders, since from the definition phase of the Strategic Objectives. These consultations were conducted through questionnaires to citizens (Report Card) and seminars for more than a hundred participants.

Following this process it was created the Maputo Municipal Development Program with a loan from IDA/World Bank, with an overall objective to "Improve the coverage and quality of municipal services for its citizens, by strengthening the institutional and financial capacity of the Maputo Municipal Council”.

The Program has duration of 10 years and was divided into two phases: MMDP I (2007-2010) and MMDP II (2010-2016).

3.2 MMDP I

The MMDP I was focused on the aspect of institutional development, improvement of municipal finance and integrated urban planning, with the main goal of improving the standards of good governance, financial support and institutional capacity.

The MMDP I was structured in three components:

Component A: Institutional Development and Municipal Governance

In order to ensure strategic, efficient, participatory and transparent municipal governance, this component was divided into a) Reform and Institutional Strengthening, , with the objective of improving the performance of the operational units of the Municipality of Maputo; and b) Improvement of Governance, with the objective of increasing the responsibility of the Municipality of Maputo and its transparency vis-à-vis the citizens.

Component B: Improvement of Municipal Finances

With the objective of improving municipal financial management, thus increasing revenue and promoting the efficiency and efficacy of expenditures. This component is also divided into two parts: a) Revenue generation, consisting of a number of activities aimed at improving local income generation such as: improving collection of local taxes and revenues, as well as strengthening municipal capacity to attract community contributions,

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guarantees, credits and external earnings; and b) Internal expenditures and control geared at improving the planning, execution and control of municipal budget.

Component C: Improvement in Service Delivery,

It aims to improve the provision of services to the citizens, to support urban planning, and to identify investments to rehabilitate and improve urban services. The subcomponents of this component are: (a) Planning of Services, to promote the use of Geographic Information Systems (GIS), and spatial development and planning; support for the preparation of sector master plans; and a review of municipal laws related to zones, land use and construction licenses; and (b) Infrastructures and Service Delivery which will finance small physical investments in existing infrastructures, in order to learn about primary needs and reach the objective of increasing service delivery to the municipality.

3.3 MMDP II

The second phase of the program (MMDP II), covering the period of 2010 to 2016, aims to improve the delivery and sustainability of municipal services. Hence, MMDP II will further pursuit institutional development and strengthening of municipal finances, even though there will be a register of a significant growth of interventions in the area of services. To allow the implementation of this phase of the program, it is necessary that by the end of Phase 1 there is a guaranteed network of qualified human resources alongside with organizational, institutional and financial conditions, enabling the sustainable uptake of larger investments.

The MMDP II will contain the following components:

Component A - Institutional Development

The objective of this component is to strengthen the municipality capacity to ensure the provision of services in response to its citizens‟ demands. This will be achieved by improving the administrative and technical performance of the CMM and its employees, by improving governance in order to continuously line up the programs and initiatives of the municipality with the priorities expressed by its citizens and civil society.

Component B - Financial Sustainability

The objective is to ensure the financial sustainability of the CMM. To do so, it seeks to raise revenues and rationalize expenditures within an integrated financial management system.

Component C - Urban Planning

The objective is to guarantee the equitable and sustainable management of municipal land. Spatial rather than sectoral investments will be financed to ensure an integrated package of basic services that are both respectful to the environment and promote an efficient use of land.

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a. Urban land: Improvement of municipal land management with the development of simplified spatial plans in areas of informal settlement and the implementation a Information System (SIGEM) aiming at a big scale issuing of about 50,000 land use rights (DUATs);

a. Environment: improvement of management and mitigation on the impact on climate change, including land use zoning and coastal zone management.

b. Neighborhood improvement: Implementation of a program with physical and social interventions in informal settlements and regularizing the informal occupation of the land through the issuing of DUATs;

Component D - Urban Infrastructure

The objective of this component is to ensure the construction and maintenance of municipal infrastructure through the funding of maintenance and construction of new infrastructure, according to relevant sector strategies and master plans

a. Improvement of drainage in neighborhoods with interventions for the rehabilitation within selected catchments;

b. Improvement of the quality of the road network, with the construction of new collector roads and extensions of existing roadways;

c. Ensure technical assistance for the area of infrastructure.

Component E - Metropolitan Development

The objective of this component is to introduce a metropolitan approach for the improvement of selected municipal services. Some of the sectors to be through this approach are:

a. Transport and transit: including the establishment of a Master Plan for Traffic and Transport and interventions in critical areas to improve mobility and accessibility of traffic;

b. Solid Waste Management: Increase the quality and coverage of waste collection services in a sustainable manner; increase awareness and education towards the proper management of municipal waste; and development of projects and studies to ensure the final disposal of waste in environmentally friendly conditions.

The purpose of these components as well as its activities has been the object of extensive participatory discussions involving several players, namely, the technical teams from different areas of the CMM, community organizations and neighborhood and District Councils representatives of residents, the civil society in general, the public sector, development partners, among many others. With this purpose in mind, several workshops were held and, through several meetings with the District Consultative Councils, with experts, in various fields, from Central Government, the university, and public and private sector. There was also held a meeting with existing and potential cooperation partners, including the main multilateral cooperation agencies operating in Mozambique.

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The physical interventions under MMDP II that will be the subject of this ESMF are included in the Institutional Development, Urban Infrastructure, Urban Planning and Metropolitan Development components.

Under the Institutional Development Component physical interventions will be associated with the objective of services decentralization, which may require the construction and rehabilitation/maintenance of administrative buildings in municipal districts. It may also be considered investment in the construction of small water supply systems or water sources in the context of the implementation of participatory budgeting by citizens‟ representatives. In both cases the implementation of these investments will be assigned to the departments of the municipality responsible for infrastructure.

On the other hand, is noteworthy for its particularity the activities of Informal Settlements improvement. As it will be a test of a spatial intervention with a participatory strategy it is not possible to determine precisely which interventions would take place. These may include rearrangement of plots, construction/rehabilitation of streets and/or drainage ditches, construction of latrines, construction of small water supply systems or water stand posts, lighting.

Table 1 summarizes the physical activities of each component of MMDP II, which will be the subject of this ESMF.

Table 1 – Scheduled physical activities under MMDP II

Institutional Development Component

Construction of new administrative buildings

Rehabilitation and maintenance of existing administrative buildings

Construction of small water supply systems

Construction of boreholes equipped with manual pumps

Urban Infra-structure Component

Construction of new roads

Rehabilitation and maintenance of existing roads

Construction of the Marracuene Cemetery

Urban Planning Component

Improvement on Informal Settlements

Rearrangement of plots

Construction of new roads

Rehabilitation and maintenance of existing roads

Construction of low cost water waste treatment systems in situ

Rehabilitation of the drainage system

Construction of small water supply systems

Construction of boreholes equipped with manual pumps

Public lighting

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Metropolitan Development Component

Transport and transit

Traffic signs

Solid Waste Management

Increased solid waste collection

Improving the management of the Hulene Waste Dump Site and its future closure

Elimination of the existing informal garbage dumps

Improving formal dumps

The total value of the Municipal Development Program in Maputo is 200 million USD. Phase 1 had a budget of 43 million USD, of which 30 million are IDA / World Bank financing, with 20 million allocated to improving the delivery of services. For Phase II the CMM estimates a budget of 105 million USD, with a contribution of 50 million USD from IDA / World Bank.

MMDP was developed as a program not fully financed by the World Bank. Thus, their activities and management are fully integrated in the planning systems and budget of the municipality. To enhance the sustainability of the Program, the MMDP is being implemented by the council‟s own structure, supported by technical assistance personnel focusing on systems development and capacity building.

The objectives achieved and progress of MMDP are systematically measured by indicators and included in detail in the matrices to be evaluated. The program‟s planning emphasizes that monitoring should be an integral part and the duty of MMDP‟s management team, under the responsibility of the CMM‟s President in conjunction with the Office for Strategic and Institutional Development (GDEI). In this sense, the program has available a set of mechanisms for monitoring and evaluation which include, among others,: GDEI Weekly meetings with the strategic implementation team of ProMaputo, where monitoring matrices are updated; Quarterly Progress Reports for submission to IDA; Annual External Audits; Annual Municipal Satisfaction Research (Citizen Report Card).

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4. LEGAL AND INSTITUTIONAL FRAMEWORK REGARDING THE ENVIRONMENTAL ISSUES IN MOZAMBIQUE

4.1 LEGAL FRAMEWORK

The Constitution of the Mozambican Republic defines the right of all citizens to live in a balanced and natural environment and their obligation to protect it (Art. 90). It further states that "The state and local authorities with the cooperation of environmental protection organizations will adopt policies to protect the environment and ensure the rational use of all natural resources."

The National Environmental Policy, approved by Resolution No. 5/95, dated 6 December, establishes the basis for all environmental legislation. According to Article 2.1, the main goal of this Policy is to ensure sustainable development in order to maintain an acceptable relationship between socioeconomic development and environmental protection. To reach the aforementioned goal, this Policy must ensure, among other requirements, the management of the country‟s natural resources – and the environment in general – in order to preserve its functional and productive capacity for present and future generations. The Environment Law (Law No. 20/97, dated 7 October) defines the legal basis for the sound use and management of the environment as a means to safeguard sustainable development in the country. This Law applies to all activities in the public or private sectors that may directly or indirectly affect the environment.

Some relevant principles of environmental management included in the National Environment Policy and Environment Law include:

Environmental management should aim at improving the quality of life of citizens and protection of biodiversity and ecosystems;

The recognition and appreciation of traditions and knowledge of the local community;

The priority given to systems that prevent the degradation of the environment;

A comprehensive and integrated perspective of the environment;

The importance of public participation;

The principle of polluter - payer;

The importance of international cooperation.

4.1.1 Environmental Assessment

According to the Environment Law, the Environmental Impact Assessment (EIA) is an instrument that supports the decision-making process regarding the issuing of environmental licenses. The issuing of an environmental license must precede any other required legal licenses. The environmental impact assessment process is regulated by Decree No. 45/2004, (amended by Decree No. 42/2008 of 4 November), while environmental audit and environmental inspection processes are regulated by Decrees No. 32/2003 and 11/2006 respectively.

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Regulation of the EIA Process

The regulation of the EIA process is applicable to all public and private activities and is the responsibility of the Project Proponent.

The first phase of the Environmental Assessment is the screening with the aim of determining the extent and type of environmental assessment that the activity should be subjected to.

As in the Operational Policy of the World Bank, the Mozambican Regulation for EIA has three project categories to identify the appropriate level of EIA:

Category A: projects likely to cause significant impacts due to proposed activities or the sensitivity of the area, requiring a full Environmental Impact Assessment (EIA) (including an Environmental Management Plan – EMP).

Category B: regarding projects that would have negative impacts of short duration, intensity, extent, magnitude and / or significance, requiring a Simplified Environmental Study (SES) and an Environmental Management Plan (EMP).

Category C: Projects which do not require Environmental Assessment, but are subject to compliance with the standards found in specific directives of good environmental management.

In Annex I, the regulation lists the circumstances that lead to the classification of a project as Category A, taking into account the sensitivity of the area where the activity will take place (Table 2) as well as the type of activity proposed (Table 3). Annex III contains the list of activities classified as Category C.

Table 2 - Sensitive areas included in Category A (Decree No. 45/2004)

Table 3 and 4 below presents infrastructure related activities classified as Category A and C respectively, according to the Mozambican EIA Regulation.

Activities located within the following areas are classified as Category A:

o Areas and ecosystems with a special protection status according to both national and international legislation, such as mangrove areas exposed to desertification, erosion areas including eminent seafront dunes, wetlands, areas of unique scenery, areas of archaeological, historical and cultural value to preserve, protection of springs and sources of supply protected areas;

o Densely populated areas involving the need for resettlement,

o Densely populated areas where the activity involves unacceptable levels of pollution or other disorder that significantly affects resident communities;

o Regions subject to high levels of development or where there are conflicts in the distribution and use of natural resources;

o Areas alongside waterways or areas used as a source of drinking water supply for communities‟ consumption.

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Table 3- Activities included in Category A (Decree No. 45/2004)

Table 4 - Activities included in Category C (Decree No. 45/2004)

The EIA regulation previews that for both EIA and SES cases the scoping definition should be previously determine. Scoping would be the base for the definition of the Terms of Reference to be approved by MICOA.

The EIA regulation defines the structure of the Scoping and EIA Reports required for Category A projects, as well as for the simplified EIA report required for projects classified as Category B.

Public Participation is a mandatory activity for all projects classified as Category A, which should occur whenever it involves:

Permanent or temporary displacement of populations or communities;

Movement of goods or restriction on use of natural resources

The General Guidelines for the Process of Public Participation in the Environmental Impact Assessment, published in the Ministerial Decree No 130/2006 of 19 July should be followed. These guidelines define the basic principles that must be respected in the public participation process and the procedures to be followed.

Regulation on the Environmental Audit

The Regulation on the Environmental Audit Process defines an environmental audit as a documented and objective instrument for management and systematic assessment,

Exploration for, and use of, groundwater resources involving the abstraction of more than 200 m

3 / year

Construction activity of parking lots;

Water supply and sanitation systems, as well as their pipelines, sewage treatment and disposal systems for sewage

All main roads outside urban areas, construction of new roads;

Water pipes of more than 0,5 m in diameter and more than 10 km long;

Pipelines and water transmission mains of more than 10 km in length and diameter equal to or greater than 1 m;

Exploitation of groundwater resources involving the abstraction of more than 500 m

3 /h or 12,000 m

3/day;

Dumping sites of municipal waste with a cargo of 500 tons per day;

Deposition facilities / waste water treatment with capacity for over 150,000 inhabitants;

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for the operation and organization of the management system and for the control of relevant documentation, relating to the protection of the environment.

According to Article 3 of the present Regulation, the environmental auditing can be public or private. Private audits are conducted and determined by the very entities whose activities are potentially causing environmental degradation. As stipulated in Article 7, the objective of environmental audit is to assess the compliance of their working and functional processes following the environmental management plan approved for that purpose and with the statutory environmental standards.

Regulation on Environmental Inspection

Due to the need of establishing legal inspection mechanisms for public and private activities, which directly or indirectly are likely to cause negative impacts on the environment, it has recently been approved the Regulation on Environmental Inspections (Decree No 11/2006 of 15 July), which aims to regulate the activity of supervision, control and monitoring of compliance with environmental protection nationwide.

According to Article 1 of this Regulation, Environmental Inspections consist of:

Surveillance of environmental licensing of any activity, in order to verify its compliance with the standards of environmental protection;

Supervision of audit activities and monitoring, verifying if the environmental audit recommendations were or not implemented, as well as the state of the environment where those actions have not been performed;

Monitoring compliance with the mitigation measures proposed within the framework of the Environmental Impact Assessment in order to reduce or eliminate the negative effects of any activities on the environment.

4.1.2 Other relevant legal aspects

Solid Waste Management

The Regulation of Solid Waste Management was recently approved by Decree No. 13/2006. The purpose of this regulation is to establish rules concerning production, storage in soil and subsoil, the launch for water or atmosphere of any toxic substances and pollution, as well as the practice of polluting activities that accelerate environmental degradation in order to prevent or minimize their negative impacts on health and the environment.

The Regulation classifies waste as hazardous and non-hazardous and attributes to MICOA the power regarding management of hazardous wastes, including the licensing of establishments engaged in the management of hazardous or toxic waste.

This regulation states that the public and private entities that generate waste should have a Plan of Waste Management before the start of their activities with a five years validity period from the date of its approval.

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At the Maputo Municipality level it shall be stressed the Municipal Regulation on the Maputo City Clean (Resolution 15/AM/2004) and the Regulation on Solid Waste Management in the city of Maputo (Resolution No. 16/AM/2004).

Air Emissions, Air Quality and Noise

The Environment Law prohibits the release of any toxic and polluting substance to the atmosphere outside the legally established limits. The Regulation on Environmental Quality Standards and Wastewater Emission (Decree No. 18/2004) sets emission standards for pollutants for stationary and mobile sources as well as key parameters that should characterize the air quality.

Regarding noise, the Regulation on Environmental Quality Standards and Wastewater Emission states that MICOA will approve the noise patterns (by the date of this report these standards had not yet been published).

The city of Maputo has a Stance on Noise Pollution (published in 1986) prohibiting the use of motor free of leaks vehicles, the use of horns or other sound carriers as well as singing and other noisy manifestations in the period between 21:00 to 6:00 pm, without, however, having defined the limits of noise creation.

Water Resources

The management of water resources in Mozambique is set by the National Water Policy and the Water Law (Law No. 16/91 of 3 August). According to Article 18 of the Water Law, the Regional Water Administrations (ARA), organized on the basis of river basins, are the institutions responsible for water management. The zone of influence of the project is within the jurisdiction of the ARA–South.

The Water Law defines as a basis for the management of water resources the principle of "user pays" and "polluter pays" and the system of concessions and licenses. These factors are based on principles of environmental sustainability.

Decree no. 18/2004 regulates certain parameters of water quality, such as the use of agricultural and recreational purposes, as well as the parameters of the emissions and industrial and domestic effluents. For agricultural uses, it was determined that:

Standards of water quality for human consumption are included in the Regulation on the Quality of Water for Human Consumption approved by Ministerial Decree No. 180/2004. This Regulation applies to supply systems for drinking water, including surface and groundwater used for direct consumption or for production of water for human consumption. The Ministry of Health is the authority responsible for ensuring the quality of water for human consumption.

Regulation of public systems of water supply and wastewater disposal (Decree No 30/2003 of 1 July) defines technical provisions for these projects.

Coastal Management

Regulation for the Prevention of Pollution and Marine and Coastal Environment Protection (Decree No. 45/2006 of 30 November) states, among others, the legal basis for the prevention of marine and coastal pollution by land-based sources, and the

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protection and conservation of public areas such as maritime, lake and river, beaches and fragile ecosystems, where the following should be emphasized:

Article 66 defines Partial Protection Areas, which include, among others, the band of coastline and contour of islands, bays and estuaries, measured from the maximum high water mark of the sea, 100 meters into the territory. The rights of use and enjoyment of land cannot be acquired and can only be issued special permits for the exercise of certain activities.

The construction of infrastructure in the areas identified above should only be made by compliance with standards and standards of environmental quality and landscape. It should also be made in such a way that, for every 100 meters, there is free access to the beach for any citizen, especially for local communities.

Article 67 further stipulates that in zones of partial protection and fragile ecosystems, including mangroves and dunes, is only permissible – by special permit – the construction of basic infrastructure such as water, electricity, telecommunications, drainage of sewage, solid waste services, small constructions and other removable material of a similar nature.

Protected Areas

The Land Law, approved by Law No. 19/97, classifies the land in the public areas as a total and partial protection. According to Article 7 of this law, the total protection zones are designated as those reserved for conservation work of nature, and defense and national security.

Under the Regulation of Land Law, the partial protection areas include, among others, the stretch of sea, and in contour lines, bays and estuaries as the line of maximum high tide to 100 meters into the territory, land occupied by roads, with a bordering strip of 30 meters for primary roads and 15 meters for secondary and tertiary roads, bordering strip of 50 m on each side of telecommunications carriers, electricity and water and range land 100 meters adjoining military installations and other facilities for defense and state security (Article 8).

Ownership of Land and Territory Planning

According to Article 3 of the Land Law (Law No. 19/97) the earth is owned by the state and can not be sold or otherwise alienated, mortgaged or pledged.

The Decree No. 60/2006 of 26 December regulates the Land Act for the Urban Land. It namely sets that the use and enjoyment of the land can not be acquired in areas of partial protection, hence the use is subjected to special permits to be issued by the municipality (Article 3).

It also defines the various planning instruments of urban land (Article 4) – Structure Plan, General Plan and Partial Urban and Detail Plan, consultation and approval processes.

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Article 39 deals with the expropriation, providing that the compulsory purchase order to the payment of fair compensation to be calculated based on the criteria established in the Land Law.

The Land Law (Law 19/2007 of 18 July) aims to ensure the organization of national space and sustainable use of its natural resources, observing the legal, administrative, cultural and material conducive to social and economic development of the country, promoting quality of life and the protection of the environment.

Defines that it is the State and Local Government responsibility to promote, coordinate and monitor spatial planning in an articulated fashion (Article 6). At the local administrative level, it sets as tools for land planning the Urban Structure Plans, General Plans and Partial Urban and Detailed Plans.

The Land Law is regulated by Decree No. 23/200 of 1 July, which describes in detail the purpose and content of the instruments for land planning, and regulates the classification of soils. It also establishes that the approval of development plans includes a public participation process.

At Maputo Municipal level it shall be stressed the Land Use plans (as the Structure Urban Plan and the detailed urban plans) become legal documents as soon as approved by the City Council and the Municipal Assembly.

Cultural Heritage

The Cultural Heritage Act (Law No. 10/88) was designed to legally protect the tangible and intangible cultural heritage of Mozambique. For the purposes of the Act, the Cultural Heritage is defined as "a set of tangible and intangible assets created or integrated by the Mozambican people throughout history, with relevance for the definition of Mozambique‟s cultural identity."

The cultural properties include: monuments, groups of buildings of historical, artistic or scientific relevance, locations or sites (with archaeological, historical, aesthetic, ethnological or anthropological interest), and natural elements (physical and biological formations with particular interest from the aesthetic or scientific point of view).

Article 13 stipulates that in case of discovery of any places, buildings, objects or documents that may be classified as goods of cultural heritage, it shall be reported to the nearest administrative authority within 48 hours (Article 10).

It should be stressed that the Mozambican legal framework is provided by the Law of Forestry and Wildlife of the existence of conservation areas in the protection zones, Areas of Use and Historical and Cultural Value, for the conservation of places of historical importance or with use cultural benefit to local communities.

4.2 INSTITUTIONAL FRAMEWORK

4.2.1 National Scope

In 1994 it was created the Ministry for Coordination of Environmental Affairs (MICOA), the central organ of the state apparatus that directs the implementation of

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environmental policy, coordinates, advises, manages and promotes the proper planning and use of natural resources of the country.

It is MICOA‟s responsibility the following:

a. Decide on the environmental impact inherent in the realization of socio-economic activities in the context of development projects of sectors;

b. Decide on the technical quality of environmental impact assessments; c. Conduct environmental audits and to activate the due legal process when there

are offenses listed in the Environmental Law.

In 2009, the Organic Statute was approved by the Ministerial Decree nr. 265/2009 of 16 December.

These powers are exercised by the National Environmental Impact Assessment that has a Department of Environmental Licensing and a Department of Environmental Audit.

Like the other ministries, MICOA is represented at the level of the provinces by the Provincial Coordination of Environmental Affairs (DPCA).

In institutional terms the city of Maputo has the status of a province, with both central and government authorities coexisting in the municipality. At the city level there are representations of some ministries such as health or education directly under the Minister responsible, including the Health Directorate of the Maputo City or the Board of Education of the City of Maputo. There is no representation of MICOA at the city of Maputo; hence the authority responsible for the environmental assessment of all project categories is the National Directorate of Environmental Impact Assessment (DNAIA).

In the process of environmental impact assessment the screening is the responsibility of the DPCAs, and the DNAIA is responsible for conducting the environmental assessment process for projects classified as Category A, and DPCA is responsible for projects classified as B or C.

The Local Government Law (Law No. 2 / 97) defines competences in environmental management for the municipal bodies (Municipal Assembly, President of the Municipal Council and Municipal Council). However, it is mandatory to stress that it is to MICOA that pertains the responsibility for environmental licensing.

4.2.2 Level the city of Maputo

Figure 1 shows the organization chart of the Municipal Council of Maputo.

The Municipal Board of Urban Planning and Environment (DMPUA) has the general mandate to ensure the preservation of the urban environment and provide the City Council in due course, the planning tools that support decisions on the development of urban services and the development of territory areas.

So, DMPUA‟s general functions are:

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to participate in the preparation of structure plans and master plans for sectorial development;

to develop plans for zoning and heritage environmental protection and preservation;

to monitor the implementation of regional and sectorial plans and formulate proposals for necessary adjustments;

to propose strategies for urban renewal and resettlement of populations and activities;

to create, manage and keep updated the main entries of relevance for municipal management;

to propose environmental management policies;

to perform environmental impact studies for projects, services and activities carried out by public and private entities;

to proceed with the environmental licensing of public and private activities with potential to influence the environment;

to verify compliance with the requirements set out in the environmental permits granted to projects, services and activities.

The DMPUA comprises the following departments:

o Department of Urban Planning;

o Department of Registration;

o Department of Environmental Management and

o Department of Environmental Inspection.

Table 5 – Responsibilities of the Department of Urban Planning, Environmental Management and Environmental Inspection

Responsibilities of the Department of Urban Planning (DPU):

Ensure the preparation and approval of design plans and sectorial master plans for development;

Ensure the preparation and approval of development/urbanization plans and plans for certain details of the city or parts of it;

Hire, monitor and prepare the approval of zoning plans and plans for heritage protection and preservation;

Monitor the implementation of territorial and sectorial plans and formulate proposals for necessary adjustments;

Collect and systematize the relevant databases to the monitoring and development of new sectorial and territorial plans;

Develop and prepare the approval of strategies for urban requalification and resettlement of populations and activities involved;

Identify and propose revisions to existing plans and formulate proposals for new territorial and sectorial plans to be developed.

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It shall be stressed that the DGA‟s responsibility to proceed with the environmental licensing of activities it only refers to conducting the EIA process, as according to the EIA Regulation MICOA, through DNAIA is the responsible entity for the environmental licensing.

Responsibilities of the Department of Environmental Inspection (DIA):

Inspect the operation of economic public and private agents, in order to verify compliance with the laws, norms and attitudes toward the environment.

Verify compliance with the requirements set out in the environmental permits granted to projects, services and activities.

Prosecuting offenders under the law and regulations.

Responsibilities of the Department of Environmental Management (DGA):

Establish Environmental Management policies with the evolution of the main factors impacting on the urban environment;

Define the criteria for environmental management to which the environmental impact studies should be subordinated to;

Oversee the requirements, monitoring and approval of environmental impact studies for projects, services and activities carried out by public and private entities;

To proceed with the environmental licensing of activities and regular monitoring of the execution of activities and private activities with potential to influence the environment

Ensure the monitoring of environmental factors most relevant to the activity areas (water quality, sanitation, solid waste, land use, air quality, beaches, etc.).

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Figure 1 - Macro-Organizational Structure of the Municipal Council of Maputo

Municipal Directorate for Education, Culture and Sports

Support and Counselling Units, Subordinated Institutions and other

Collectives

CMM President

Municipal Council City Councelors /District Administrators

Education,

Culture

and Sports

Municipal Directorate for

Education, Culture and

Sport

Municipal Directorate for the Information

Systems

Municipal Directorate for the Finances

Finance

Municipal Directorate for

Human Resources

Human

Resources

Municipal Directorate

for Economic Activities

Municipal Directorate

for Edifications, Parks and

Green areas

Economic

Activities

Municipal Directorate for Markets and

Fairs

Market and

Fairs

Municipal Directorate for Urban Planning

and Environment

Urban Planning and

Environment

Municipal Directorate for

Transport

Transport

and Transit

Municipal Directorate for

Urban Solid Waste

Management

Municipal Directorate

for Cemiteries

Management

Cemeteries and related

activities

Municipal Directorate for

Health and Social Aid

Health

and Social

Aid

Municipal Directorate for Infrastructures

Infra-

structures

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The Department of Environmental Management (DGA) and the Department of Environmental Inspection (DIA) are directly responsible for the implementation of the ESMF MMDP.

Following a recommendation of the ESMF MMDP I, aimed at strengthening the capacity of the CMM to deal with safeguard policies, CMM has established a Memorandum of Understanding with the MICOA. Under this Memorandum MICOA provided a technical framework of the National Environmental Impact Assessment (DNAIA), who took over as head of the Department of Environmental Management (DGA) of the CMM, by combining the technical coordination of the Department of Environmental Inspection (DIA)1.

Currently each department has a team of three technical graduates, which includes:

For DGA 1 Sociologist, with 8 years of experience 1 Physical Planner, with 3 years of experience 1 Geographer, with 14 years of experience (assigned to UNHabitat).

For DIA 1 Civil Engineer, with 8 years of experience 1 Chemical with 3 years of experience 1 Geographer, with 12 years of experience

Only the head of the DGA and the geographer hired by UNHabitat have previous experience in the area of environmental management.

Given the shortage of trained technicians and since the two departments share the same technical coordinator, the technicians who act as a single team, however their roles and responsibilities it is not clearly established.

Due to lack of technical staff in the CMM, the enforcement actions are sometimes performed in conjunction with MICOA.

Despite the improvements achieved during the implementation of MMDP I CMM still has shortage of technical expertise in the area of environmental management and environmental inspection. In Chapter 9 of this report the recommendations for improving the performance of the CMM in the implementation of safeguard policies are duly described.

1 Presently, the director of DIA has also taken the position of CEO of the Municipal Directorate for Urban Planning and

Environment

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5. WORLD BANK’S SAFEGUARD POLICIES

The World Bank‟s Environmental and Social Safeguard Policies are the base for sustainable poverty reduction. The aim of these policies is to prevent and mitigate potential damage to the environment and communities generated in the development process. These policies give the Bank and borrowers, guidelines on the identification, preparation and implementation of programs and projects.

There are ten safeguard policies in the World Bank, created to inform decision making, ensuring that projects financed by the Bank are environmentally and socially sustainable. These Operational Policies include:

- Environmental Assessment (OP 4.01)

- Natural Habitats (OP 4.04)

- Forestry (OP 4.36)

- Pest Management (OP 4.09)

- Cultural Heritage (OP 11.03)

- Indigenous People (OP 4.10)

- Involuntary Resettlement (OP 4.12)

- Safety of Dams (OP 4.37)

- Projects on International Waterways (OP 7.50)

- Projects in Disputed areas (OP 7.60)

Table 6 presents the main objectives of each operational policy and its applicability.

MMDP II triggered four of the World Bank’s Safeguard Policies, namely OP 4.01 Environmental Assessment; OP 4.04 Natural Habitats; OP 11.03 Cultural Heritage; OP 4.12 Involuntary Resettlement.

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Table 6 – World Bank’s Safeguard Policies

Safeguard Policies

Main Objective Applicability Application in the MMDP II

OP 4.01 Environmental Assessment

The objective of this policy is to ensure that projects financed by the World Bank are environmentally sound and sustainable, and that decision making is improved through adequate analysis of actions and their possible risks and environmental impacts in the natural environment (air, water and soils); human health and security; physical-cultural resources; and global and transboundary and global environment aspects.

This policy is applicable when a project or sub-project has potential to cause negative environmental impacts in its area of influence

Depending on the project and the nature of its impacts, various instruments can be used, such as: EIA, Environmental Audits, hazard and risk Assessments; and Environmental Management Plans (EMPs). To decide on the type of environmental assessment to be carried out in the subprojects, three tools can be used: (1) OP directives, (2) national legislation can be followed, and/or (3) the checklist of guidelines presented in this ESMF.

Activities included in the MMDP II can cause negative environmental and social impacts due to the emphasis placed on construction and rehabilitation activities for infrastructure. These activities can lead to soil erosion, noise and air pollution, soil and groundwater pollution, just to mention a few.

Social effects are also to be expected, for example, potential impacts on public health, impacts on urban traffic and involuntary resettlements.

OP 4.04 Natural Habitats

This policy recognizes that the preservation of natural habitats is essential to protect original bio-diversity; for the preservation of environmental services and products for human society and for long term sustainable development. Therefore, the Bank supports the protection, management and restoration of natural habitats by funding projects as well as via political dialogue, sector work and the economic sector. By funding projects, the Bank expects the proponents to apply the precautionary principle in the management of natural resources, in order to ensure opportunities for sustainable environmental development.

This policy is used by any Project or sub-projects considered as potential originator of significant changes (loss) or degradation of natural habitats, be it directly (through the construction) or indirectly (with the human activities caused by the project).

Natural Habitat areas in the municipality of Maputo are very scarce, and are limited to some coastal zones north of the municipality and to the Inhaca Island. This policy will only apply to sub-projects located next to these areas. MMDPII only include plans for these areas and no physical investments.

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Safeguard Policies

Main Objective Applicability Application in the MMDP II

OP 4.36 Forests

The objective of this policy is to help countries to realize the potential of forests to reduce poverty in a sustainable manner, integrate forests effectively into sustainable economic development, and protect the vital local and global environmental services and values of forests.

Where there is a need to harmonize the forest restoration and agricultural development, the Bank supports the activities of the forest restoration that maintain or enhance the functionality of biodiversity and ecosystem.

This policy is used when a project (i) has potential impacts on forest health and quality and on the rights and welfare of the people who depend on them; or (ii) can cause changes on management, conservation and use of natural forests.

This policy is not applicable MMDPII as there are no forest areas within Maputo municipality

OP 4.09 Pest management

The objective of this policy is to minimize and manage the environmental and health risks associated with pesticide use and promote and support safe, effective, and environmentally sound pest management.

It aims to (I) promoting the use of biological control and reduce the use of synthetic chemical pesticides; and (ii) consolidate the legislative powers of the countries and their institutions to promote and ensure a safe pest management, effective and environmentally sound. More specifically, this policy aims, among other objectives: (a) Determine which activities related to pest management in Bank-financed operations is based on the principles of integration and seek to reduce the use of synthetic chemical pesticides; (b) ensure that the dangers to health and environmental risks associated with pest management, especially the use of pesticides are minimized and can be managed effectively by the user.

This policy is used if: (I) it is foreseen the acquisition of pesticides or application equipment (both indirectly through the project, as indirectly through co-financing or counter-parties Governments that finance); (ii) the project can affect the Pest Management even though without obtaining pesticides. This includes projects which may (I) conduct extensive use of pesticides and the subsequent increase in risk to health and environment; (ii) maintains or expand current unsustainable Pest Management practices, not based on the principles of IPM, and/or significantly jeopardize health or the environment.

Certain projects, as small-scale irrigation, increase of livestock areas, etc, can result in the creation or expansion of pest management plans.

It is not expected the use of pesticides in infrastructure activities covered by this ESMF, by which this policy is not applicable.

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OP 11.03 Cultural Heritage

The objective of this policy is to help countries to prevent and mitigate negative impacts generated by development projects in physical-cultural resources. For the purposes of this policy “physical-cultural resources” are defined as mobile or static objects, the sites, the structures, the groups of structures, the characteristic and the archeological, paleontological, historical, architectonic, religious natural sceneries of great beauty or cultural significance. Such resources can be located in urban or rural areas, in surface environments, underground or under the sea.

This policy is applied whenever negative impacts are expected in physical-cultural or religious properties (sacred areas, cemeteries, cult sites) All projects classified as Category A or B, which requires environmental assessment under directive OP 4.01 also, should follow this policy.

This policy is applicable to activities that can directly or indirectly interfere with areas of cultural or religious interest – which is not expected for the physical activities under the MMDPII. Some procedures anticipated by the Bank to avoid damage in cultural properties include consultation with appropriate authorities and local inhabitants in the planning phase in order to identify possible alternative locations and avoid the use of places already identified as culturally sensitive.

OP 4.10 Indigenous People

For all projects proposed Bank funding that affect indigenous peoples, the Bank requires the borrower to undertake free, prior and informed consultation with affected Indigenous Peoples to ascertain their broad community support for projects affecting them

The project financed by the Bank must include measures to: (a) avoid adverse effects on indigenous populations; or (b) when it is not possible to avoid the effects, minimizes, mitigates, or compensates for such purposes.

The projects financed by the Bank are designed with the assurance that indigenous people receive social and economic benefits that are culturally appropriate and adequate gender and inter-generations.

This policy is applied when the Project affects direct or indirectly indigenous people.

There are no indigenous people in the MMDP area, by which this policy is not applicable.

OP 4.12 Involuntary Resettlement

The objective of this policy is to (i) avoid or minimize involuntary resettlement, where feasible and explore all viable alternative project designs; (ii) assist displaced people in improving their former living standards, income

This policy does not cover only physical relocation but any loss of income sources resulting in: (i) relocation or loss of shelter; (ii) loss of assets or means of livelihood; (iii) loss of income sources or

For some of MMDP II‟s activities it may be necessary to affect or remove homes or other structures, and in this case it will be necessary

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earning capacity, and production levels, or at let in restoring them; (iii) encourage community participation in planning and implementing resettlement; and (iv) provide assistance to affected people regardless of the legality of land tenure.

means of subsistence, whether or not the affected people must move to another location. This policy also applies to the involuntary restriction of access to legally designated parks and protected areas, resulting in adverse impacts on the livelihood of the displaced persons. In these cases the World Bank requires the establishment of a Resettlement Action Plan (RAP), based on the Resettlement Policy Framework (RPF) for any project or sub-project.

to implement the Resettlement Policy Framework prepared for MMDP II.

OP 4.37 Safety of Dams

The objective of this policy is to assure quality and safety in the design and construction of new dams and the rehabilitation of existing dams, and in carrying out activities that may be affected by an existing dam.

This policy is applied when the Bank finances: (I) projects involving the construction of large dams (15 m or higher) or dams representing hazard; and (ii) a project that is dependent on an existing dam. For small dams, generic dam proposed by qualified coordinators are generally adequate.

Not applicable, since there are no activities in MMDP involving dams.

OP 7.50 Projects on International Waterways

The policy applies to the following types of projects: (a) hydropower projects, irrigation, flood control, navigation, drainage, supply and sanitation, industries and similar projects involving the use or potential pollution of water courses; and (b) detailed projects and engineering studies involving the nominees above in (a), including those carried out by the Bank, by executing agencies or any other capacity.

This policy is applied if (a) any river, channel, lake or similar watercourse crossing two or more States, whether members or not; (b) any tributary or other shallow water body that is component of any channel described in (a); and (c) the whole bay, straits of gulf, or channel post of two or more States or within a State recognized as a channel of communication with the open sea and other States, and any river that flows in such waters.

Not applicable, since there are no activities in MMDP international waters.

OP 7.60 Projects in disputed areas

The objective of this policy is to ensure that projects in disputed areas are treated as soon as possible: (a) so as not to affect relations between the Bank and its member countries; (b) so as not to affect relations between the tenderer and neighboring countries; and (c) so as not to prejudice the position of the Bank or of the countries affected or interested parties

This policy is adopted if the proposed project is located in a "disputed" area. Generally occur in projects or projects located on the borders between States. The questions to be answered include: Is the proposer involved in some dispute over an area with some of its neighbors? The project is located in an area which is disputed? Can some component financed or likely to be financed as part of the project, located in an area which is disputed?

Not applicable, since no MMDP activity takes place in border areas or zones of conflict with neighboring States.

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Following the Safeguard Policies and other specific guidelines, some projects are not considered elegible for financing by the World Bank, mainly:

activities involving transformation or significant degradation of natural habitats;

activities involving religious infrastructures.

As mentioned previously, the Operation Policy OP 4.01 governs the policy of World Bank environmental assessment, stating that all projects proposed for funding by the Bank must be subjected to an EA so as to ensure environmental sustainability, thereby contributing to an improvement in the decision-making process. Determines very clearly how the assessment should be linked to the project cycle and includes information on consultation mechanisms and provide information to affected local groups and NGOs.

The environmental assessment must address the natural and social aspects in an integrated manner and should take into account inter alia the country's political, national legislation and institutional capacities related to environmental and social aspects.

The size, depth and type of environmental assessment analysis depends on the nature, scale and potential environmental impact of the proposed project. To facilitate the definition of the type of environmental assessment required the Bank defines three categories of projects:

Category A – Requires a full environmental impact assessment. A proposed project is classified as Category A if it is likely to have significant adverse environmental impacts that are sensitive, diverse, or unprecedented. These impacts may affect an area broader than the sites or facilities subject to physical works.

Category B – Requires an environmental assessment with a narrower scope than that of Category A EA. The Project could have potential adverse environmental impacts on human populations or environmentally important areas which are less adverse than those of Category A projects. These impacts are site-specific; few if any of them are irreversible; and in most cases mitigation measures can be designed more readily than for Category A projects.

Category C – Projects classified within this category do not require an environmental impact assessment, as it is likely to have minimal or no adverse environmental impacts. Beyond screening, no further EA action is required for a Category C project.

The intensity of public participation will vary with the categorization of the project. Some projects category may be determined through a selection list created by the World Bank (Tables 7 to 9).

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Table 7 - Category A Projects (OP 4.01)

Table 8 - Category B Projects OP 4.01)

Table 9 - Category C Projects (OP 4.01)

a) Aquaculture and mariculture (large-scale)

b) Dams and reservoirs

c) Forestry production projects

d) Hazardous waste management and disposal

e) Industrial plants (large-scale) and industrial estates, including major expansion, rehabilitation, or modification

f) Irrigation, drainage, and flood control (large-scale)

g) Land clearance and leveling

h) Manufacture, transportation, and use of pesticides or other hazardous and/or toxic materials

i) Mineral development (including oil and gas)

j) New construction or major upgrading of highways or rural roads

k) Port and harbor development

l) Reclamation and new land development

m) Resettlement

n) River basin development

o) Thermal power and hydropower development or expansion

p) Water supply and wasterwater collection, treatment and disposal projects (large-scale)

a) Agro-industries (small-scale)

b) Electrical transmission

c) Energy efficiency and energy conservation

d) Irrigation and drainage (small-scale)

e) Protected areas and biodiversity conservation

f) Rehabilitation or maintenance of highways or rural roads

g) Rehabilitation or modification of existing industrial facilities (small-scale)

h) Renewable energy (other than hydroelectric dams)

i) Rural electrification

j) Rural water supply and sanitation

k) Tourism

l) Watershed projects (management or rehabilitation)

a) Education

b) Family planning

c) Health

d) Nutrition

e) Institution development

f) Most human resources

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Between the sensitive locations that may lead to classification of the project in the Category A are sensitive ecosystems, proximity to areas with archaeological or historical sites, densely populated areas requiring resettlement or that would be exposed to levels of pollution, along watercourses, areas of aquifers recharge. (WB, 1996)

It should be noted that according to the OP 4.01 where legal or technical capacity of the borrower is insufficient to perform the functions associated with the environmental assessment (such as analysis, monitoring, inspections or management of mitigating measures) for a given project, the project will include components intended to strengthen this capacity.

According to the OP 4.01, the MMDP activities are classified in Category B. Being a program that includes different types of activities becomes necessary to establish an Environmental and Social Management Framework that ensures adherence to the World Bank‟s Safeguard Policies.

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6. LESSONS LEARNED FROM THE IMPLEMENTATION OF EMSF IN MMDP I

As a result of the restructuring of the municipality held in 2007, CMM has since then an institutional structure responsible for environmental management in its territory, particularly the Department of Environmental Management and the Department of Environmental Inspection. As stated previously, these departments have scarcity of trained staff. Both share the same technical coordinator and act as a single team, is not clearly determined their assignments and responsibilities.

During the MMDP I, teams of DGA and DIA were responsible for the implementation of the ESMF, in particular by preparing screening forms, terms of reference for environmental impact studies, evaluating proposals, monitoring of consultants, review of studies and participation in the process of resettlement. It was carried out the Resettlement Plan for Avenida Sebastião Marcos Mabote, the EIA of the Cemetery of Michafutene/Marracuene and terms of reference for the EIA of the Rehabilitation of Avenida Julius Nyerere. The shortage of trained staff generated some difficulties in implementing these steps that were being progressively overcome with the support of GDEI and MICOA.

However, the intervention of the DGA and DIA occurred in general only very reactive, only to meet the needs of legal requirements or WB itself or for the resolution of problems occurring in the works. There were difficulties of articulation between the DGA and the other departments at the planning stage of activities or even preparation of specifications for contractors, partly due to lack of knowledge of the ESMF. It should be noted that despite this denotes some socio-environmental sensitivity on the part of the technical departments of infrastructures for issues related to drainage, erosion and impact on people and goods, which are already generally considered since the planning phase. It is recognized the importance of ongoing work of a municipal social official with people affected by the project.

The implementation of ESMF was in some way affected by the time-consuming process of acquisitions of consultants or training, which resulted in delays in the commencement of services or even in non-provision of training. With regard to capacity building is noted that the ESMF proposed a set of training actions have not being implemented or integrated into the municipality‟s training plan. The lack of vehicles available to the DGA/DIA is regarded as a constraint, which limits the actions of the environmental inspection.

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7. BRIEF DESCRIPTION OF THE ENVIRONMENTAL AND SOCIAL CONDITIONS

7.1 BACKGROUND

The city of Maputo, capital of the Republic of Mozambique, is located at the extreme south of the country, on the coastal plain which embraces the northern and southern shores of the Bay of Maputo (Figure 3). It is bordered to the north by the district of Marracuene, on the west by the City of Matola and on the east by the Indian Ocean. According to the 2007 Census, the city of Maputo has one million and one hundred inhabitants.

From an administrative perspective, it is structured in seven municipal districts, covering 64 neighborhoods with well-defined boundaries. Urban district 1, called the “Cement City”, is the urbanized part of the city, where only approximately 10% of the population lives. In fact, only about 20% of the population lives in urbanized areas, which covers about 10% of the municipal area.

Figure 2 – Municipality of Maputo

7.2 Biophysical Environment

Climate

The city of Maputo is located in a tropical rainy area, with two predominant seasons: one hot and rainy – between October and March – and the other cooler and dryer – between April and September. The average temperature is approximately 19ºC in the dry season and 26ºC in the rainy season.

The maximum average temperature is considered to be 31ºC and the minimum average temperature 13ºC. Meanwhile, in the humid season temperatures may rise above 40ºC.

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Rainfall in Maputo is approximately 900 mm per year.

Geomorphology and risk of erosion

In geological terms it regionally fits into the Save/Limpopo Sedimentary Bay.

The city was built over Tertiary and Quaternary consolidated dunes, made of red silty sands and conglomerates of white, yellow and orange sands. The municipal area may therefore be divided into two major geomorphologic areas: the coastal plain, with dunes and alluvium, and the high part, comprising interior and consolidated dunes.

Natural conditions favor the development of erosive phenomena, both on the consolidated dunes and along the coastal strip. The upper layer of the soil in most of the Municipality of Maputo is made of fine low-density sands, easily abraded by erosion, particularly in the presence of water. This can be easily seen by the different erosion ravines in different parts of the city, particularly in steep ravines with light ground cover, such as between Av. Patrice Lumumba and Av. 25 de Setembro, on the slopes of the Maxaquene embankment.

In the Bay of Maputo, coastal erosion occurs mainly along the beach between Mira Mar and Costa do Sol. Construction during the 1950s over the dune line along the Marginal road affected the coastal dynamics and eliminated the natural feeding source of sands for these beaches. On the other hand, the progressive destruction of the mangrove, both along the coast and on adjacent Xefina island, are factors that contribute to the increased risk of erosion and make it imperative to implement climate change adaptation measures.

Water Resources

The city of Maputo is located in the Bay of Maputo, in the confluence of three rivers: Maputo, Umbeluzi and Incomati. Its periphery is traversed by the Infulene River, along which there is an agricultural area which supplies Maputo.

There are several flat areas in the city that tend to suffer periodic flooding, currently minimized by the introduction of a drainage system, following the Drainage Master Plan of the 1980s.

The city‟s subsoil is a good aquifer, with the water being located at depths of approximately 50 meters. These aquifers have been largely explored by both the public services and private operators. In 2010, the National Directorate of Waters will conduct a study to assess the level of exploitation of the aquifer.

Quality of water

The quality of the surface and underground waters depends on several factors, among which the geology, climate, vegetation and use of the land, with this latter aspect being particularly important in the urban areas. In Maputo, the quality of the waters is being affected by the indiscriminate use of land and by the operation of inadequate or degraded urban infrastructures.

The rivers, particularly the Infulene, are contaminated by the discharge of residual domestic and industrial waters and agricultural pesticides. The bay presents high levels of faecal coliforms in the vicinity of the city‟s drainage network discharge points.

Contamination of the shallower aquifers (between 15 and 30 meters) by inadequate sanitation systems is severe throughout the municipal area, causing the spread of disease.

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Quality of the Air

Vehicular traffic is certainly the greatest source of pollution in the city, with daily emissions of NOx, HCs, CO, SO2, particles and Lead (Pb). The poor condition of most of the vehicles, together with the constant traffic jams, contributes to the emission of these atmospheric pollutants.

The assessment of the quality of the air presented within the scope of the Urban Structure Plan for the Municipality of Maputo, undertook in 2008, presents the result of the measurements of air pollutants such as microscopic particles (PM10, diameter less than or equal to 10 μm), sulphur dioxide (SO2), nitrogen dioxide (NO2) and volatile organic compounds (VOCs) resulting from the different activities carried out in the municipality. These measurements were taken using passive filters and analyzed by the Swedish Environment Institute (IVL) within the scope of the Rapid Urban Air Quality Assessment (RUA) carried out by UEM in partnership with the CMM.

Preliminary results show some points with high concentrations of PM10 and NO2, in Xiquelene and Ferroviário da Baixa, respectively, and also show that road traffic is becoming an important source of air pollutants. The city‟s peripheral neighborhoods show high concentrations of pollutants when compared to the neighborhoods in the cement city, which may be associated with more intensive use of firewood and coal in these areas.

Noise

Some specific studies on Noise were carried out over the last years, such as the Road Traffic Noise Study conducted in January 2001 for the Feasibility Study for the Development of Roads in the City of Maputo. The measurements were taken for 10 minutes, continuously over 2 hours along the main roads in the Municipality, in the peripheral areas and in the cement city. The results obtained vary between 50 and 66 decibels during the day and night periods. In general, these values are within the standards established by the World Bank Guidelines, which vary between 45 and 70 dB.

Road traffic constitutes a significant source of noise, creating discomfort for inhabitants and affecting the population both physiologically and psychologically, depending on the noise level and their exposure to it.

This problem is more severe in the areas where there are hospitals and schools, despite residential areas also representing sensitive receptors.

Ecology

Currently, the intensity of human and economic action within the urban boundaries is such that the natural vegetation has been practically decimated, with the plants grown in the more peripheral areas being the most representative.

The coastal plain to the north of the municipality, located to the south of the Incomati estuary, is characterized by dune lines bordering the interior wet zones, which still have relatively conserved Mangrove areas and marshlands. Vegetation is formed mainly by open savannah and mangroves. Cashew, coconut, mafurra, mango, casuarinas, jacarandas, among other trees, can also be found.

Due to its humid and unfavorable characteristics, for many years the coastal plain remained relatively free from human intervention. Over the last twenty years, however, this situation has been changing, with an increase in the construction of houses along the coastal area and the consequent degradation/ destruction of the natural vegetation (vegetation from swamp areas, mangroves and dune vegetation).

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7.3 Socioeconomic Environment

Demographic Aspects According to the III General Population and Housing Census in 2007, the city of Maputo has 1,094,315 inhabitants, with most of these (60%) among the active population (15 to 59 years). The masculinity index is 94.8%, which reveals some balance between male and female inhabitants. The population‟s growth rate is 1.2%, three times lower than that of the city of Matola, which may be associated with a flight of its residents in favor of the neighboring Municipality of the City of Matola, along with a reduction in migration from the provinces to the country‟s capital. In 2007, the demographic density of the city of Maputo was 3,648 inhabitants per km2.

Land use

The city of Maputo was born on the central and lowest part of the city – the City Centre – with a radial expansion along the main current avenues, giving rise to the currently named Cement City.

Due to the land‟s natural conditions, the city‟s expansion was more scattered, moving more from East to West. Initially, these were low density areas and maintained characteristics of rural communities. In the 1960s, however, the population density in the city increased and these areas underwent rapid expansion, in a disordered and scattered way, with the proliferation of new “reed” neighborhoods without any infrastructures network to accompany the process.

After independence in 1975, the civil war forced a large number of refugees to flee from the provinces, travelling to Maputo and greatly increasing the disordered expansion of the neighborhoods, with several informal settlements mushrooming without any urban planning or infrastructures.

Due to the State‟s incapacity to respond to this increase in population, the irregular settlements expanded considerably, with a process of self-help housing prevailing. This disordered process resulted in the occupation of inappropriate areas and the occurrence of quarters with excessive density in areas with no infrastructures. The difficulty in maintaining existing infrastructures worsened the situation, with consequences on public health and on the quality of life of the population.

Currently, areas are distinguished as urbanized, semi-urbanized and non-urbanized, with the urbanized area being confined basically to the “Cement City” where there are infrastructures, administrative buildings and services.

Urban Planning

The Urban Structure Plan for the Municipality of Maputo (PEUMM) was prepared in 2008, within the scope of the MMDP I. Up to that time, the municipality did not have an updated plan in force for urban planning, with the previous one – the Lourenço Marques Urbanization Master Plan – dating back to 1969.

The PEUMM was approved by the Municipal Assembly in December 2008 and ratified by the Ministry for State Administration in June 2009. It considers the main options for the municipality to be to:

Re-qualify informal neighborhoods;

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Improve access to all areas and to the city centre and to the routes leading to the rest of the region and neighboring countries;

Ensure an ecological balance and quality of the environment;

Create new economic and social, cultural, recreational and administrative centers of activity;

Density urban spatial occupation in Maputo;

Develop urban infrastructures and services;

Open new structures in urban areas to absorb the increase in population, including areas set aside for social housing;

Promote the construction of social housing;

Ensure the preservation of the quality of monuments and the cultural and historic heritage that enrich and embody the city‟s collective memory.

Social infrastructures and equipment

Education

According to the PEUMM, the Municipality of Maputo has approximately 270 schools, covering 1st and 2nd level primary schools, general and technical level secondary schools and general and technical-vocational pre-university institutions.

Many of the schools are degraded, and some have no water or electricity. The prevailing system is that of three shifts with large numbers of students per classroom, due to the lack of teachers. Urban districts 3 and 5 in the city of Maputo are particularly destitute.

Recently, an agreement signed between the Government of the City of Maputo and the CMM, resulted in the management of the 150 primary schools (104 public and 46 private) in the municipality being transferred from the Central Government to the CMM, which will now be responsible for their maintenance.

Health

The mortality rate in the city is fairly high, with approximately 72,3 stillbirths per one thousand inhabitants. These rates are attributed fundamentally to problems linked to sanitation, poor quality of water and poor nutrition, the main causes of disease among the population, and to the deficient operation of the health posts.

The coverage of services by the public health system in the city of Maputo is considered reasonable, when compared to other sectors. The Municipality has 5 hospitals, 15 health centers (public and private), 9 health posts (public and private) and 20 private clinics and doctor‟s rooms. However, the distribution of the health facilities is not sufficient to meet the inhabitants‟ needs, and there are highly populated areas that have few health units.

Sanitation and Drainage

For all purposes, there are three sanitation systems in use in the city of Maputo: the sewerage network, which is limited to the Cement City and part of the Bairro do Jardim; septic tanks, used in the urbanized and semi-urbanized areas and latrines (open or improved), used in the informal settlements and peri-urban area in general.

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The sewerage network drains to the sewage treatment plan, which subsequently discharges into the Infulene River. This plant was designed for 90 000 users.

As far as the rainwater drainage system is concerned, this covers only 30% of the total area of the city. It must be highlighted that 80% of this network was built in 1940, and is presently saturated and obsolete. The city‟s peripheral neighborhoods practically have no formal drainage systems, with the exception of a few cases where specific measures were taken to resolve some critical problems, such as in the 25 de Junho, Benfica, Polana Caniço, Urbanização, Mafalala and Jardim neighborhoods. Some of these interventions were implemented within the scope of the MMDP I.

Solid Waste Management

The New Strategy for the Management of Urban Solid Waste in the City of Maputo was approved in 2006, with the main objective being to implement and gradually improve the new solid waste collection and transport including its economic component, which takes into account a gradual adjustment in the contribution by citizens to fund the sector, with a view to its sustainability.

The strategy establishes the need to improve and expand existing service provision as well as the need to adapt the type of waste collection and transport to the different areas of the municipality. It also establishes the need to expand the rubbish cleaning and collection services, taking into account the typologies of the different areas of the city, in some cases counting on partnerships with the private sector.

To this end, contracts were signed with private companies to collect waste, including 14 micro-enterprises operating in 20 neighborhoods (11 of which paid within the scope of the MMDP project), having achieved the pre-established target of daily collections of 600 tons of waste. There is no selected collection of solid waste available.

The Hulene City Dump is the only official dump for the disposal of solid waste collected in the city of Maputo. It is located in a densely populated neighborhood approximately 10 km from the city centre and next to the airport in Hulene. The dump site, with an area of approximately 17 hectares, is currently fenced-off, and operates 24 hours per day. The height of the solid waste deposited sometimes reaches 15 m, and there is no system to collect the leachate. With the support of GTZ, improvements were recently introduced in the management of the dump site, which included the purchase of new equipment. A company was contracted within the scope of the MMDP to manage the Hulene City Dump.

Due to failures in the collection system, the illegal accumulation of waste can be seen at several points of the city, along the roads and in several ravines.

In the medium-term, the CMM expects to implement a sanitary landfill, together with the municipality of Matola, to serve the Maputo metropolitan area, as foreseen in the Residue Integrated Management System for the Municipality of Maputo.

Water Supply

According to the III Population and Housing Census, only 55.2% of Maputo‟s houses have piped water, with only 16% having indoor piped water.

The supply of water to the municipal territory of Maputo includes the Fundo de Investimento e Património de Água‟s (FIPAG) supply system, managed by the company Águas de Moçambique (AdeM) and private initiative systems (generally informal).

The water to supply this system is obtained from the Umbeluzi River, which is not expected to be sufficient in the short-medium term. FIPAG has made new investments with a view to

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improving the service provision, however the supply system still has considerable losses and water is not yet available to consumers 24 hours a day.

Private operators act mainly in the peri-urban areas, obtaining water from boreholes and wells, with these latter sometimes having problems due to the quality of the water. The CMM, together with the regulatory authority – the Conselho Regulador de Águas (CRA) – has been carrying out actions to regulate the performance of these operators. It has tried to lessen the deficient water supply by opening boreholes in communities and schools.

Road Network and Transport

The city of Maputo has serious problems regarding the accessibility and mobility offered to its citizens, namely in the accessibility by most of the population to their places of work, due to the distances they have to travel and the insufficient and precarious nature of the means of transport. There are also problems with traffic circulation, parking and regional connections. (PEUMM, 2008).

The municipality has 35 km of paved roads and 64 km of non-paved roads. Over the last years the CMM has made a great effort to rehabilitate and maintain the road network, namely through funds made available through the MMDP.

With the increase in the population and in the number of vehicles, and given the deficiencies in traffic management, lack of parking areas, in addition to the lack of structured alternative routes, access to and circulation in the city have tended to worsen. This results in impacts on the quality of the urban environment (namely the quality of the air and noise) and increases the risk of road accidents.

Regarding public passenger transport, the city has public transport provided by TPM - Transportes Públicos de Maputo and by private operators through the semi-collective vehicles (chapas). A large number of these latter operate under irregular conditions, contributing to the disorganization of traffic and a higher number of road accidents. However, they play an important role in social terms, since they are able to reach areas that, due to the poor condition of the roads, the TPM are unable to service. This situation may, however, be inverted in the medium term, with the investments the Government is making in TPM (namely in expanding the fleet) and in a stricter regulation of the chapas.

Cemeteries

The largest cemeteries in the city are located in the Luis Cabral neighborhood – Lhanguene Cemetery – and in the Central neighborhood, on Av. Eduardo Mondlane. The existing cemeteries are overcrowded and there is no space for new graves.

In the scope of MMDP I, the CMM is opening a new cemetery in Michafutene/Marracuene.

Recreational Areas

There are some park/ garden areas in the city of Maputo, as well as recreational areas such as the golf course, the race track, the zoo, the horse-riding centre and sports centres such as the Parque dos Continuadores or the António Repinga maintenance circuit. However, these are mostly located in the Cement City.

The green areas of Praça 25 de Junho and Kenneth Khaunda Avenue were rehabilitated within the scope of MMDP. Other gardens, namely the D. Berta, dos Namorados, dos Professores, dos Cronistas, Nangade, Liberdade and Centenário Gardens were also rehabilitated during this period through public-private partnerships (PPP).

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8. POTENTIAL ENVIRONMENTAL AND SOCIAL IMPACTS DUE TO THE INFRASTRUCTURE INVESTMENTS

Regardless of where the activities provided by MMDP II will be implemented, their potential negative and positive impacts in environmental and social terms have been identified, based on the type of activity proposed.

These impacts are presented below, in a structured manner, according to the type of activities foreseen in MMDP II, as presented in Table 1 related to the physical activities planned for MMDP II.

It is noted that potential impacts associated with the construction of the Cemetery of Marracuene are not identified as an environmental assessment was undertaken for this project under the MMDP I and it already has an Environmental Management Plan to be implemented during the MMDP II.

8.1 Potential Environmental Impacts

Tables 9 and 10 show respectively potential negative and positive environmental impacts, with the indication of the phase of impact occurrence – construction (constr.) or operation/pos-construction (oper.).

Table 10 – Potential negative environmental impacts

MUNICIPAL BUILDINGS

Construction of new buildings

Localized changes in environmental quality due to noise emission, air pollutants, wastewater and solid waste (constr.)

Erosion and silting up of waterways due to sediments (constr.)

Changes in the surface drainage patterns, runoff blockage, flooding upstream (constr. & oper.)

Creation of erosion points due to inadequate closure of the works (constr.)

Runnof increase due to the increase of paved areas, increasing the risk of erosion/sedimentation downstream (oper.)

Rehabilitation and maintenance of existing buildings

Localized changes in environmental quality due to noise emission, air pollutants, wastewater and solid waste (constr. & oper.)

URBAN ROADS

Construction of new roads

Localized changes in environmental quality due to noise emission, air pollutants, wastewater and solid waste (constr.)

Risk of increased erosion on the slopes and discharge points of the road‟s drainage components (constr. & oper.)

Rehabilitation and maintenance of existing roads

Localized changes in environmental quality due to noise emission, air pollutants, wastewater and solid waste (constr.)

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Table 10 – Potential negative environmental impacts (cont.)

SANITATION AND DRAINAGE

Construction of low cost water waste treatment systems in situ

Contamination of water supply sources due to latrines overflow (oper.)

Rehabilitation of the drainage network

Indiscriminate waste water discharge in the channel, causing water contamination (oper.)

Solid waste disposal in drainage channels, causing blockage and water contamination (oper.)

Water pollution downstream, bringing impacts on public health (oper.)

Creation of erosion points due to inadequate closure of the works (constr.)

Increased flooding and erosion in the channel‟s discharge area, affecting land use and structures and facilities existent there (oper.)

PUBLIC LIGHTING

Creation of erosion points due to inadequate closure of the works (constr.)

WATER SUPPLY

Construction of small water supply systems

Localized changes in environmental quality due to noise emission, air pollutants, wastewater and solid waste. (constr.)

Risk of aquifer over exploitation (oper.).

Construction of boreholes equipped with hand pump

Localized changes in environmental quality due to noise emission, air pollutants, wastewater and solid waste. (constr.)

Risk of aquifer over exploitation (oper.).

Risk of erosion around the source caused by the water flowage (oper.)

Increased risk of developing disease vectors (mosquitos) in puddles created around sources/wells (oper.)

TRANSPORT & TRANSIT

Traffic signs

Creation of erosion points due to inadequate closure of the works (constr.)

SOLID WASTE MANAGEMENT

Increase of solid waste collection

Waste loss from the collection and transport vehicles during the collection route, causing environmental quality deterioration along the route (oper.)

Contaminated water accumulation in the waste containers and subsequent discharge and contamination of the surrounding environment (oper.)

Waste containers overflow, causing soils and water contamination (oper.)

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Waste accumulation outside the containers, creating health risks and negative visual impacts (oper.)

Spreading of waste containers by wind, people or animals, causing contamination of soils and waters (oper.)

Improving the management of the Hulene Waste Dump Site and its future closure

Risk of improper occupation of the dumpsite area post closure (oper.)

Goundwater and superficial water contamination by lixiviates, even after the dumpsite closure (oper.)

Elimination of the existing informal garbage dumps

Waste loss from the collection and transport vehicles during the collection route, causing environmental quality deterioration along the route

Indiscriminate waste deposition even after the closure of the garbage dumpsite

Emergence of new, informal garbage deposition points

Table 11 – Potential positive environmental impacts

URBAN ROADS

Construction of new roads

Opportunity to improve the water drainage system, reducing erosion and sedimentation (oper.)

Improvement on air quality due to the improvement on traffic flow (oper.)

SANITATION & DRAINAGE

Construction of low cost water waste treatment systems in situ

Decrease of superficial water contamination (oper.)

Construction/Rehabilitation of drainage ditches

Reducing erosion and land degradation (oper.)

Decrease of waterponds and consequently decrease of the risk of development of diseases vectors (mosquitoes, flies, small rodents) (oper.)

Decrease of flooding risk (oper.)

SOLID WASTE MANAGEMENT

Increased solid waste collection

Decrease of soil and water contamination due to the indiscriminated garbage disposal in the city (oper.)

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Improving the management of the Hulene Waste Dump Site and its future closure

Decrease of superficial and groundwater contamination (oper.)

Decrease of air pollution generated by the waste‟s emissions and burning process (oper.)

Elimination of the existing informal garbage dumps

Decrease of sources of contamination of soil and water (oper.)

8.2 POTENCIAL SOCIAL IMPACTS

Tables 12 and 13 presents the potential negative and positive social impacts, respectively, indicating in which phase it occurs – construction (constr.) or operation/post construction (oper.).

Table 12 – Potential negative social impacts

MUNICIPAL BUILDINGS

Construction of new buildings

Disturbance due to noise and dust from the civil works (constr.)

Rehabilitation and maintenance of existing buildings

Disturbance due to noise and dust from the civil works (constr.)

URBAN ROADS

Construction of new roads

Disturbance due to noise and dust from the civil works (constr.)

Destruction or damage to buildings and structures located near the construction site(constr.)

Occupation and/or destruction of agricultural areas (farms) and/or fruit trees (constr.)

Road traffic and pedestrian access disturbances and increased risk of road accidents (constr.)

Increased risk of traffic and pedestrian accidents due to the higher traffic velocity (oper.)

Rehabilitation and maintenance of existing roads

Disturbance due to noise and dust from the civil works (constr.)

Disturbances on traffic and pedestrians during work (constr.)

Increased risk of traffic and pedestrian accidents due to the higher traffic velocity (oper.)

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Construction of low cost water waste treatment systems in situ

Lack of maintenance and unhygienic conditions can lead people to avoid the use of latrines (oper.)

Public health due to latrines overflow (oper.)

Construction/Rehabilitation of the drainage network

Cutting off access to properties (oper.)

Disturbances on traffic and pedestrians during work (constr.)

Increased public health risk due to the use of discharged water for human consumption by the surrounding population (oper.)

Increased risk of developing disease-transmitting vectors (mosquitoes) along the channels/drains (oper.)

WATER SUPPLY

Construction of small water supply systems

Destruction or damages in buildings and structures (constr.)

Occupation and/or temporary destruction of agricultural areas (machambas) and/or fruit trees (constr.)

Road traffic and pedestrian access disturbances during construction and pipes maintenance (constr.)

Cutting of services / buried infrastructure (constr.)

Construction of boreholes equipped with hand pump

Occupation and/or temporary destruction of agricultural areas (machambas) and/or fruit trees (constr.)

Risk of development of water-related diseases due to poor maintenance of source and surrounding area (oper.)

Disagreements over the location of the structures can lead to conflicts (constr. & oper.)

Disturbance by noise and dust generated during the work (constr.)

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Table 13 – Potential positive social impacts

MUNICIPAL BUILDINGS

Construction of new buildings and rehabilitation and maintenance of existing buildings

Improvement on the citizens‟ attendance (oper.)

URBAN ROADS

Construction of new roads and rehabilitation and maintenance of existing roads

Increased risk of traffic and pedestrian accidents due to the higher traffic velocity (oper)

SANITATION AND DRAINAGE

Construction/Rehabilitation of the drainage network

Improvement on circulation ad accessibility conditions (oper.)

Improvement in accessibility and circulation (oper)

Improvement on public health, due to the decrease of flooding areas and consequently water borne diseases (oper.)

WATER SUPPLY

Construction of small water supply systems

Reduction of time spent by women to access to water (oper.)

Improvement on public health due to improved access to drinking water (oper.)

Construction of boreholes equipped with hand pumps

Reduction of time spent by women to access to water (oper.)

Improvement on public health due to improved access to drinking water (oper.)

PUBLIC LIGHTING

Improvement of public security (oper.)

TRANSPORT & TRANSIT

Traffic signs

Improvement on circulation conditions (oper.)

SOLID WASTE MANAGEMENT

Increase the solid waste collection

Decrease in odors (oper.)

Improvement on public health (oper.)

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Improvement the management of the Hulene Waste Dump Site and its future closure

Improvement on public health (oper.)

Elimination of the existing informal garbage dumps

Improvement on public health (oper.)

Improvement of formal dumps

Improvement on public health (oper.)

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9. PROCEDURES FOR ESMF IMPLEMENTATION

9.1 Introduction

The comparative analysis of the Environmental Impact Assessment Process legally established in Mozambique (Decree No45/04) with the OP 4.01 from World Bank on Environmental Assessment indicates a great parallel between the two.

The stages of the environmental impact assessment process are presented below. The steps and players in the process of Involuntary Resettlement are listed in the Resettlement Policy Framework of MMDP II, prepared in parallel with the present ESMF.

9.2 Environmental Impact Assessment Process

The environmental impact assessment process of each activity varies with the type of activity proposed and the area in which it will be implemented. The steps to be followed in order to put to effect the Regulation for the Environmental Impact Assessment Process (RPAIA – Regulamento do Processo de Avaliação do Impacto Ambiental) of Mozambique and the World Bank‟s Safeguard Policies (OP 4.01).

Screening

Presumes the completion of Preliminary Environmental Information Sheet2 included in Annex 3 of this report, with information on the proposed activity and the area where it is intended to have it implemented, and to this end the checklist found in Annex 4 should be consulted.

Based on the completed Preliminary Environmental Information Sheet the Municipal Department of Environmental Management provides a preliminary classification of the activity, from one of the following categories:

Category A: activities with potential negative environmental and / or social impacts;

Category B: activities with negative impacts of lower significance, which may be mitigated;

Category C: activities with negligible, insignificant or minimal environmental impacts.

The DGA shall submit to DNAIA the statement of the EIA process of the proposed activities to confirm the classification of the environmental category.

According to the guidelines of World Bank‟s Environmental Assessment Policy OP 4.01, MMDP was considered as Category B, which means that, its environmental and social impacts can be considered as localized in the general reversible can be easily mitigated.

Some activities such as construction/rehabilitation of administrative buildings, , rehabilitation of small stretches of roads, construction of stand posts or latrines, road signs, public lighting fall under Category C, because they do not require any additional environmental assessment but only the implementation of general mitigation measures (Annex 6 in this ESMF).

The category of the activity determines the level of environmental assessment required:

2 Based on the Preliminary Environmental Information Sheet (FIAP – Ficha de Informação Ambiental Preliminar)

of RPAIA (Decree 45/04).

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Category A: The activities classified under this category require an Environmental Impact Assessment (EIA), including an Environmental Management Plan (EMP) as well as the required process of public participation. This EIA will be prepared by environmental consultants certified by MICOA and are subject to the terms of Decree No. 45/04. The EIA will be preceded by a Pre-Feasibility Study and Scoping Report which will define the ToR. Both the Scoping Report +ToR and the EIA must be approved by MICOA. In situations involving involuntary resettlement the Resettlement Policy Framework (RFP) of MMDP II has to be followed.

Category B: The activities classified as B require a Simplified Environmental Study (SES), including an Environmental Management Plan, and are subject to the terms of Regulations on Impact Assessment. The SES will be prepared by certified environmental consultants, but their Terms of Reference (ToR) should be approved in advance by MICOA. In cases involving involuntary resettlement the Resettlement Policy Framework (RFP) of MMDP II has to be followed.

.Category C: Projects envisaged in this category are likely to cause impacts that can be mitigated in simple fashion through the implementation of mitigation measures of general application.

Preparation of Terms of Reference (ToR)

If the activity is classified as Category A or B it is necessary to prepare the ToR for hiring a consultant to perform the survey and conduct the public participation process. According to the RPAIA, the consultant must be registered in DNAIA.

The terms of reference should take into account potential impacts identified in Tables 9 to 12 of the present ESMF; as well as other potential specific impacts of the site where the activity will be executed.

The structure and content of the EIA and SES or EMP must follow the stipulations found in the Regulation of PAIA (Decree No. 45/04).

The Public Participation Process will follow the General Directive of the Public Participation Process in the Process of Environmental Impact Assessment.

The ToR has to be sent to the World Bank‟s Environmental and Social Safeguard specialist for no-objection and then to DNAIA-MICOA, for approval.

Preparation of the EIA or SES and conducting the public participation process

The EIA or SES is prepared by the consultant hired by the municipality. The DGA is set as a focal point that establishes the communication with the other council departments in order to provide all necessary information to the consultant regarding the proposed activity and the municipality, to monitor the on-site visit and allow his involvement in the process of public participation.

The main objective of public participation is to ensure that the concerns and issues rose by the Interested and Affected Parties (PI&As), organizations or individuals are taken into account during the EIA or SES, allowing for the PI&As to discuss the results of the study. On the other hand, the Public Participation Process grants an open channel of communication between the public, the consultants and the CMM, which will be of extreme importance in managing potential conflicts.

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Although RPAIA does not consider the public consultation activities for Category B as a compulsory action, this will be required by the present ESMF, according to the OP. 4.01.

The District Directorates shall be actively involved in the process of public participation since an early stage, supporting the citizens‟ involvement in the process. With this in mind, the creation of local committees consisting of representatives of different participants, establishing the communication between CMM, consultants and contractors with the parties directly affected, should definitely be encouraged.

The report of the public participation process should be included in the study of environmental assessment (for Category A and B cases) and / or in the activity file folder.

Review and Approval

The DGA will review the EIA or SES prior to submission to MICOA‟s National Directorate for the Environmental Impact Assessment (DNAIA). MICOA, through DNAIA, will always be responsible for the review and final approval of environmental studies and environmental management plans and the accompanying environmental licensing.

Compilation of environmental and social requirements for Tender Documents

The DGA will make a compilation of environmental and social requirements to be met by the designers (when in the planning / design) or by contractors (when referring to the construction phase). This compilation will be based in the Management Plan approved by MICOA (for Category A or B activities) or in the Mitigation Measures for Category C Activities (Annex 4 of the present ESMF).

The environmental and social requirements will be included in the Tender Documents of the Projects or Works.

8.3 Supervision and Monitoring

Both during the execution of works and in the post-construction phase, the CMM should monitor the implementation of the Environmental Management Plan and / or mitigation measures by the responsible authorities involved.

In the case of identification of any default by the Contractor it shall be immediately informed to the municipality department responsible for the work, so that a joint discussion on what action could take place. On the other hand, if the supervisor identifies any environmental or social damage, he should consult the DIA to identify the applicable remediation measures.

Simultaneously, the CMM will develop monitoring campaigns to verify the nature and magnitude of the expected impacts, verify the effectiveness of the implementation of proposed mitigation measures, and determine the need for further mitigation measures or changes in the existing ones.

For an effective evaluation of the project activities of MMDP II the Social and Environmental Monitoring indicators proposed are the following:

Observed deposition of dust in the surrounding areas of the works;

Observed waste deposited in the surrounding areas of the works;

New outbreaks of erosion;

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Check for signs of siltation in the streams downstream of the work;

Number of road accidents and pedestrian accidents in the new urban highways or rehabilitated roads;

Number of patients with diseases associated with water resources (malaria, cholera, diarrhea);

Water quality in drainage ditches;

Water quality in wells in the surrounding closed dumps;

Number of complaints unresolved.

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10. RECOMMENDATIONS

Based on what was stated in the previous chapters, below are the recommendations to improve the performance of the municipality in implementing environmental and social safeguard policies. This includes measures related to the institutional, technical and administrative aspects.

10.1 Institutional Organization

As previously mentioned, the Municipal Directorate for Urban Planning and Environment is responsible for implementing the ESMF. However, it is crucial that other municipal directorates responsible for implementing activities targeted by this ESMF are equally involved, from the early stages of business planning, to the construction and operation (post-construction) phases.

Table 14 identifies the level of intervention for each of the municipality bodies and other participants in the processes and procedures described above.

Table 14 - Institutional organization and responsibilities in implementing the ESMF

Process / Procedure Body responsible Assignments

Environmental Impact Assessment Process

Activity categorization

DGA

Technical Dept. tenderer (transport, water and sanitation, solid waste, etc.)

DNAIA

Based on technical information about the proposed activity and visits to the site where the activity is expected to take place, DGA will indicate the respective category and fill in the Preliminary Environmental Information Sheet and forward it to the DNAIA

Preparation of EIA or SES ToRs

DGA

GDEI

If the activity is classified as Category A or B DGA prepares the EIA or SES ToRs, with the support from GDEI and later sends it to the WB for no-objection and then to DNAIA for approval

Preparation of the EIA or SES and directing the public participation process

Consultant

DGA

Technical Dept. proponent of the activity (buildings, roads, water and sanitation, solid waste, etc.)

District Administrations

The Consultant is responsible for the preparation of studies and for conducting the process and public participation.

DGA is the focal point of communication between the consultant and the other departments of the municipality, including District Administrations.

District Administrations support in contacts with the community and facilitate the participation process, namely through the establishment of local committees

Review and Approval DGA

MICOA / DNAIA

Performs review of the study and submits it to DNAIA

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Through DNAIA, MICOA performs the review and approval of the study and issues the environmental permit

Compilation of environmental and social requisites

DGA Responsible for compiling the impact mitigation measures that must be implemented by the designers and contractors

Preparation of Tender Documents

Technical Dept. as the proponent of the activity (buildings, roads, water and sanitation, solid waste, etc.)

Integrates the compiled mitigation measures to be incorporated in the Tender Documents for Project Design or Works

Surveillance and Monitoring

Works Supervision DIA

Technical Dept. as the proponent of the activity (buildings, roads, water and sanitation, solid waste, etc.)

The technical department is responsible for works supervision, as well as the implementation of the mitigation measures mentioned in the Tender Documents

DIA provides technical support to supervision and makes occasional visits to the work site

Monitoring of Environmental Indicators

DGA Performs the monitoring of environmental indicators

10.2 Training

To ensure the effective operation of the processes, procedures and actions contained in this ESMF there is the need to implement a training plan for all participants – DMPUA technicians, technicians from local bodies‟ directions responsible for implementing the activities, District Directorates and District Consultative Councils.

Training activities proposed in the ESMF MMDP I did not take place. Therefore, it is now proposed to hire a consulting firm specialized in the preparation and implementation of specific training programs, including awareness and training sessions for DGA and DIA technicians, CMM proponent departments, and members of district advisory councils.

The modules should have, whenever possible, a practical component that facilitates their real application, including:

Basic practices: categorization of the activity; environmental impact assessment process; public participation

Social Impacts: resettlement procedures; census methodologies; classification of the severity of impacts; responsibilities for the planning and implementation of resettlement

Environmental Impacts: selection of the intervention area by reducing environmental and social impacts; mitigation of impacts measures to be included in Tender; impact management during construction;

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Monitoring and redress of complaints: transparency and public administration at the planning stage, responsibility for recording and monitoring during the implementation phase, the procedure for registering complaints and their responses

Obviously, the level of depth of the training will be different and higher for the technicians of the Departments of Environmental Management and Environment Monitor, while for the District Consultative Councils the approach will be one of developing a certain level of awareness.

Examples of training sessions are:

For Departments of Environmental Management and Environment Monitor:

Environmental Impact Assessment Process in Mozambique

World Bank‟s Safeguard Policies

Legal and institutional environment framework in Mozambique

Potential environmental impacts of infrastructure projects, mitigation and monitoring measures and the EMP for MMDP‟s ESMF

Use of MMDP II ESMF screening and checklist forms

Preparation of Terms of Reference (ToR) for the hiring of consultants to conduct environmental studies for projects classified as Category A or B

Political Guidelines for Involuntary Resettlement of MMDP II

Methodology for public participation

Surveillance and Monitoring

For Environmental agents of the Municipal Directorates proponents of MMDP II activities

Environmental Impact Assessment Process in Mozambique

Potential environmental impacts of infrastructure projects, mitigation measures and monitoring and EMP from MMDP ESMF

Use of the Pre-Environmental Assessment Card of MMDP II ESMF

Political guidelines for Involuntary Resettlement of MMDP II

Integration of mitigation measures in the Tender Documents

For District Advisory Councils:

Potential environmental impacts of infrastructure projects, mitigation measures and monitoring and EMP from MMDP II ESMF

Political Guidelines for Involuntary Resettlement of MMDP II

Each year the DGA shall organize a workshop for presentation of case studies of ESMF implementation, especially the implementation of mitigation measures implemented in the existent, and the lessons learned throughout the implementation process. In this workshop it is the participants are expected to be technicians from departments with activities under this ESMF, as well as representatives of the District Administrations.

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10.3 Records

The whole process implemented in the light of this ESMF should be properly documented and filed for future reference in the audit stage. This includes Pre-Environmental Assessment Sheets, checklists, correspondence with the MICOA, reports produced by consultants, records of public consultations or complaints received and, where appropriate, the environmental permit.

Each year the DGA will have to produce a report of activities carried out under the ESMF, indicating the whole process done for each and every activity undertaken, and conducting an assessment of the level of performance achieved, the difficulties encountered and the solutions found or proposed.

The annual report must also describe the training activities carried out, dully indicating its content, duration and participants.

10.4 Costs

The costs of implementing the ESMF are related to municipality institutional capacity building, as well as of all the actors and the need for environmental consultants to prepare environmental assessments for certain projects.

The training will be more intense in the initial phase, requiring the preparation of a capacity building plan and a greater involvement of technical assistance and more training for technicians from the municipality. In the following years training may have shorter duration. It is estimated at a total cost of $ 185.000 for training under the MMDPII, being $ 85.000 for the first year and $ 25.000 annually for the remaining years.

For environmental and social assessment studies, it should be considered a unit cost of $ 75.000 to an SES category B. Additionally should be considered the cost of environmental permit, 0.02% of the value of the activity‟s investment.

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11. CONCLUSIONS

The MMDP II will contribute to improve the quality of life of citizens and will have significant positive impacts both on a social and environmental level. There will be, however, some negative impacts resulting from implementation of projects related to improving services. As most of the potential negative impacts can be easily mitigated the World Bank ranked this program as Category B.

The ESMF of MMDP II defines the procedures to be adopted by the municipality to ensure that all projects undertaken are subject to a proper environmental assessment are that are implemented the mitigation measures to minimize potential negative impacts and enhancement of potential positive impacts, taking into account the Mozambican legislation and the World Bank‟s Safeguard Policies.

CMM already has an established structure for the implementation of ESMF, requiring, nevertheless, an increase in capacity in this area. The training activities offered in the ESMF MMDP I did not take place. Therefore, the plan is to hire a consulting firm specialized in the preparation and implementation of specific training programs, including awareness and training sessions for DGA and DIA technicians, CMM proponent departments, and members of district advisory councils.

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12. REFERENCES

Arcadis Euroconsult, Plano de Estrutura da Área Metropolitana de Maputo, 1999.

Arcus Consultores Lda, Projecto de Gestão da Marginal da Cidade de Maputo, 2003

Bergman Ingérop, Estudo de Viabilidade do Pântano do Bairro do Triunfo e Costa do Sol. MICOA, 2000.

CMM, Programa de Desenvolvimento Municipal de Maputo, Proposta de Reestruturação do Conselho Municipal de Maputo, Junho 2006.

CMM, Programa de Desenvolvimento Municipal de Maputo

DHV, Plano Director de Drenagem da cidade de Maputo, 1980.

E. M. Vicente, Urban Geology of Maputo City, Mozambique. 21º Colóquio sobre Geologia Africana, Maputo. 2006.

Hobday, D.K, Late Quaternary sedimentary history of Inhaca Island, Mozambique - Trans. Geol. Soc. S. Afr., Volume 80, pg. 183-191. 1977.

Hatton, J. & Dray, M., Avaliação Ambiental do Programa de Desenvolvimento Municipal. Moçambique. 2000.

Instituto Nacional de Estatística, Recenseamento Geral da População, 1998.

JICA, Plano Director e Estudo de Viabilidade para o Desenvolvimento de Estradas da Cidade de Maputo, 2001.

Lirbus, B., Oddenes et al, Coastal Groundwater aquifers at risk – na example from Inhaca, Mozambique, 21º Colóquio sobre Geologia Africana, Maputo. 2006.

Serra, C, Colectânea de Legislação do Ambiente. Centro de Estudos de Formação Judiciária, 2003.

Sweco-Consultec, Estudo de Impacto Ambiental do prolongamento da Av. Julius Nyerere, 2000.

World Bank, Environmental and Social Management Framework for World Bank Projects with Multiple Small-scale Subprojects. A Toolkit. February 2005.

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ANNEXES

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ANNEX 1

TERMS OF REFERENCE

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MUNICIPALITY OF MAPUTO

MUNICIPAL COUNCIL

Municipal Directorate of Urban Planning and Environment

Municipal Development Program of Maputo

Version 1

Maputo, August 2009

Terms of Reference

CONSULTANT‟S SERVICES FOR UPDATING THE ENVIRONMENTAL AND SOCIAL MANAGEMENT

FRAMEWORK OF THE MUNICIPALITY OF MAPUTO

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1. Overview

1.1 General Context

Mozambique, like most African countries, is undergoing rapid urbanization. The urban population represents about 30% of the national total and is growing at about 5% per year. By 2020 more than half of Mozambicans will live in urban areas. Recent studies show that over half of the urban population can be considered poor, using consumption-based indicators. While urban poverty is slightly less (52%) than in rural areas (55%) the difference is startlingly small; notably poverty has also fallen more rapidly in rural than urban areas due to post-war agricultural gains. In Maputo, the capital city and single largest population center, there has been no decrease in poverty since 1997 despite overall economic growth.

Over 70% of the urban population in Mozambique lives in settlements that are informal and have slum characteristics including dense unregulated growth; a lack of common infrastructure services such as water, sanitation, drainage and electricity; and homes made of precarious materials. Even the “cement city‟‟ (originally the planned colonial urban core) has seen almost no investment or maintenance since independence in 1975 leaving drainage systems inoperative, a major solid waste crisis, inadequate water and sanitation services and an almost complete lack of physical planning. Unplanned settlements are also often built on unsuitable terrain that is prone to flooding, erosion, and the accumulation of solid waste. The high rates of malaria and frequent cholera outbreaks in Maputo (1997, 2000) are results of this lack of infrastructure necessary for improved health outcomes.

Maputo is the gateway for investors, tourists and migrants from rural areas and surrounding countries. Maputo contributes over 40 percent of the national Gross Domestic Product having an estimated GDP per capita of US$1,250 compared to a National GDP per capita of US$310 in 2005. It is also a city of extreme and growing inequality. Approximately 70% percent of Maputo City‟s residents live in informal settlements and 54% live below the poverty line of $1.50 per day. The low level of investments in urban areas over many years has reduced the quality and quantity of service delivery, especially in the maintenance of existing infrastructure.

Inefficiencies and resource constraints limit the ability of the City Council of Maputo (CMM) to provide quality services to its citizens. CMM‟s highly centralized and bureaucratic organizational structure led to fragmented and cumbersome planning and management functions. Weak operational supervision and information systems also limit the management‟s ability to achieve improvements in service delivery.

1.2 Maputo Municipal Development Program Strategy

Maputo Municipal Development Program (PROMAPUTO) is the main operational axes of Maputo Municipal Council‟s response to the citizens‟ aspirations and to the need for improving service delivery.

Citizens‟ preoccupations and expectations, collected at several moments (Electoral campaign, Open Presidency, among others) have allowed us to identify major priorities -at the level of the Service Delivery, CMM inefficiency as well as the Municipality‟s financial sustainability difficulty.

PROMAPUTO was prepared to support improvements in institutional and organizational development, financial management and certain priorities in the area of service delivery. The program is envisaged in two phases, and phase one will not finance large investments in infrastructure and service delivery. It is only when the institutional and financial environments improve, that investments will go up in the second phase.

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This program recognizes that Maputo Municipality is very fragile due to limited human and financial resources, in a weak institutional context where the majority of the processes (financial, of strategic planning, urban planning, property registration, etc) as well as the associated information systems and technologies which do not exist or are very fragile.

Until very recently, there was practically no basic equipment for the Municipal Council‟s work and for delivering services to the citizens.

Thus, the Program strategy requires a significant reinforcement of CMM internal capacity in order to manage, retain and develop the quality of service delivered to the citizens and carry out its mission. The importance played by the pillars of Institutional Development and Reinforcement of Municipal Finance throughout the Program as a whole, results from this strategy.

At the Program‟s early phase, attempts will be made to turn the Municipal Council into a more effective and functional organization which will increasingly be able to plan, budget and manage its revenues and expenditures and, as a result, be also to improve service delivery processes, with quality and covering an increasing number of citizens. This stage‟s main focus will be institutional development, municipal governance, municipal finance reforms, in terms of revenues and expenditures, interventions of immediate impact on infrastructures (projects with low budget) and better service delivery and huge investment planning in the same areas, to be carried out at the second stage.

At the second phase, it is intended to expand the level of investment in infrastructure and service delivery in order to, at the end of the phase, have noticeable and significant improvement in priority municipal services such as solid waste, sustainable management, public security, water supply and sanitation, roads, cemeteries, and cost management, among others. It is also intended that a significant part of these investments take place in the city‟s poorest areas.

Therefore, the second phase main focus will be consolidation of the first phase reforms, large-scale investment in infrastructure and improvement of service delivery, based on its economic viability and financial availability.

Since part of the program will involve improvements in physical infrastructure, like drainage, roads, solid waste removal, and street lightning, the program developed an Environmental and Social Management Framework (ESMF) to ensure that these infrastructure improvements are carried out in an environmentally and socially sustainable manner. For that purpose, the program also developed a Resettlement Policy Framework (RPF) which was prepared under separate terms of reference.

As the second phase of the program will involve much more infrastructure development activities, it is envisaged that the ESMF and the RPF will need to be revisited and updated where necessary.

1.3 Characteristics of the First Phase of PROMAPUTO

Program objectives and activities were selected through a process of prioritization undertaken by the CMM through dialogue with its major stakeholders, including a number of multi-stakeholder meetings held at various levels to discuss the issues facing the City. Further research was done to assess the state of the City and the perceptions of its citizens which, combined with a practical assessment by the CMM of its internal capacity and various economic and technical analyses, generated a set of priorities. These assessments included multiple aspects of institutional and financial performance along with municipal governance. Targeted beneficiaries are balanced between the private sector and residents of the poorer neighborhoods in order to establish the virtuous circle of service delivery in return for tax and fee revenues, and to make progress towards both growth and poverty reduction objectives. To identify its role in supporting the Program, the World Bank‟s comparative advantage and

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the potential for synergy with other donor projects were also carefully considered. The IDA support therefore focuses on Institutional and Financial Reform and complements the GTZ Technical Assistance provided in Solid Waste Management and support for road investments from the Arab Development Bank, JICA and possibly AfDB.

Component A: Institutional Development and Municipal Governance

Sub-component A.1: Institutional Reform and Strengthening

The objective of this subcomponent is to enable CMM processes and structures to effectively face the challenges of municipal development. It entails six specific objectives: (a) to simplify CMM organization and management which entails restructuring administrative and technical directorates and redefining functional responsibilities linked to new staffing tables for their subordinate units; (b) to implement strategic human resource management which includes workforce restructuring and reforming incentives systems to attract, retain and motivate qualified and well-performing personnel; to mitigate the impact of HIV/AIDS; (c) to improve the performance of support systems and service delivery processes through the implementation of simplified administrative procedures; (d) to decentralize and integrate planning and management of CMM programs by building capacity of municipal districts to formulate basic plans, provide essential documents to citizens, and maintain and manage simple infrastructure and the neighborhood environment; (e) to ensure adequate material resources for CMM operations through procurement, allocation, and maintenance of municipal buildings, vehicles and office equipment.

Sub-component A.2: Improved Municipal Governance

The objective of this subcomponent is to improve CMM transparency and responsiveness by increasing the involvement of various stakeholders in municipal governance. It entails five specific objectives: (a) to increase the transparency of resource management and improve CMM communication with internal and external actors to better respond to community concerns through improved citizen consultation and awareness campaigns; (b) to improve the interaction between the CMM and the Municipal Assembly by training Assembly members and enhancing information flows with the Council; (c) to improve coordination between CMM and other public sector actors by institutionalizing collaborative mechanisms with central government, de-concentrated bodies and agencies, and public utility companies; and (d) to increase the number and effectiveness of partnerships between CMM and nongovernmental actors by developing and implementing public-private partnerships and improving collaboration with NGOs and civic associations.

Component B. Municipal Finance

Sub-component B.1: Improved Revenue Collection

The objective of this sub-component is to increase municipal revenues by enhancing the capacity of the municipality to better utilize its own revenue sources. It entails five specific objectives: (a) an intermediate solution to improve the current systems of billing and collection of taxes and fees, through the involvement of a private company to distribute property tax bills; and the increasing participation of urban district administrations in revenue related activities; (b) a medium and long term solution to improve the systems of taxes and fees; design of a single consolidated database and a new systems for billing, distributing and collecting taxes and fees; (c) to improve the internal management and capacity of the service-provision units to collect more fees; (d) to improve the capacity of the municipality to attract additional revenues, including through the revision of existing tax legislation; and (e) to provide training and equipment to improve the municipal revenue system.

Sub-component B.2: Improved Expenditure Management

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The objective of this subcomponent is to ensure that the municipality has an integrated financial management system. To do so, the following five specific objectives will be pursued: (a) to improve the process of budgetary planning, in order to ensure that the different units submit their budgets in a timely and accurate fashion; (b) to improve the distribution of financial resources, in order to ensure that budgets are executed according to the plans; (c) to improve the procurement and asset management systems; (d) to improve the budgetary execution and control systems (including audits of the municipality‟s financial statements – including all IDA financed activities); and (e) to provide general support to improve the municipal expenditure system.

Component C. Planning and Service Delivery Improvements

Sub-component C.1: Planning and Management of Urban Space

This sub-component will provide support to the municipality to improve the efficacy of the management and the planning of services through the development of Spatial and Sector Plans and the implementation of a City Information Management System (with spatial mapping). It will provide the municipality with the methodological tools, training, technical assistance and mentoring to undertake strategic, spatial and sector planning. It will also support improvements to the management of urban space, facilitate the updating of the existing basic cadastre to be useful for property registration, taxes and other uses, assist in the approval of infrastructure plans, develop spatial and sector plans, as well as restructure the processes and procedures related to the granting of land use rights and land ownership, and the implementation of an information system for these purposes. It entails two specific objectives: (a) to improve the management of urban space; and (b) to improve the design and planning of municipal services.

Sub-component C.2: Infrastructure and Service Delivery Improvements

The objective of the sub-component is to increase the availability and quality of infrastructure and equipment to show tangible improvements in service delivery through appropriate management of investments. The sub-component will include the following results and associated activities: (a) Rehabilitation of existing paved and unpaved roads and associated drainage, and establish conditions for future expansion; (b) construction of a cemetery; (c) increase in public safety through improved public lighting and traffic lighting; and (d) construction of markets.

Sub-component C.3: Solid Waste Management Services

The objective of the sub-component is to increase the quality and coverage of solid waste management services through improvements in the CMM‟s Solid Waste Management (SWM) operations as well as through partnerships with the private and non-government sector

1.3 Preliminary Description of the Second Phase of PROMAPUTO

The preparation of the second phase of the program is beginning in 2009. Consistent with IDA regulations regarding Adaptable Program Lending (APL) the World Bank and CMM teams agreed to start the preparation of the second phase in parallel to the implementation of the first phase. Thus, an IDA team visited Mozambique from 27 July to 10 August, 2009 to conduct together with the Maputo City Council (CMM) a preparation mission of the second phase of the Program (ProMaputo II).

During the mission, broad domains and more specific areas of interventions were defined. Based on further analysis of their strategic relationship and the operational implications of various options, these will be structured into components and subcomponents during the pre-appraisal mission.

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The draft program descriptions by area are summarized below and a preliminary log frame with the main results and projects is presented in Annex 1.

Institutional Development: The objective is to strengthen the institutional capacity of the municipality by consolidating and deepening improvements to organizational, human resources and governance improvement activities.

a. Organizational development and human resources. Areas to be covered include: consolidation of the restructuring; integration of new competencies (health and education, greenbelt programs, and others) into the CMM organizational structure and systems; performance improvement of CMM functional departments; HIV/AIDS prevention and support; Information technology and systems; municipal facilities improvement and maintenance.

b. Good governance. Areas to be covered include: strategic planning; decentralization/deconcentration and participatory governance; communication, and anti-corruption efforts.

Financial sustainability: The objective is to ensure the financial sustainability of CMM. To do so, it seeks to raise revenues and rationalize expenditures.

(a) Revenues. Fiscal and non-fiscal revenues with emphasis on property taxation, including alternative institutional arrangements for revenue collection and administration.

(b) Programming and Financial Management. Implementation of an Integrated Financial Management system and financial planning on the basis of a Mid Term Expenditure Framework.

(c) Acquisitions and fixed asset: Organization and integration of these areas.

(d) PPP and investment promotion: Inclusion of private sector in service delivery and as a source of investment capital for municipal capital projects.

Urban planning: The objective is to promote sustainable and equitable development through a territorial perspective. Spatial rather than sectoral investments will be financed to ensure an integrated package of basic services that are both respectful to the environment and promote an efficient use of land.

(a) Land management including spatial planning and land titling.

(b) Environment including land use zoning and coastal zone management.

(c) Neighborhood improvement including regularization of periurban expansion zones and reordering of informal settlements.

Urban services and infrastructure: This component will finance a number of priority physical infrastructure activities, both investment and maintenance, according to relevant sectoral strategies and master plans.

(a) Infrastructure-Roads, drainage, and sanitation improvements to be selected from among a range of potential investment projects identified for further analysis and review.

(b) Cemeteries – projects identified during Phase I but not yet fully implemented.

(c) Others including a variety of potential sectoral investments still under development and discussion.

Metropolitan development: To increase efficiency in the provision of services of metropolitan scale. These services transcend interjurisdictional boundaries so vertical and horizontal coordination is required. Some of the sector to be covered with this focus are:

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(a) Transit and transport including strategic planning for improved public transport provision and vehicle access as well as targeted infrastructure investments supporting resulting plans.

(b) Solid waste management including sustainable financing of public and private waste collection and establishment of a sanitary landfill.

(c) Markets including policies, strategies, business plans, a management models for improved and more sustainable market services as well as targeted investments supporting the implementation of these plans.

2. Background to the Consultant’s Services

2.1 Introduction

Environmental impacts are likely to arise from the proposed activities albeit minor as the negative environmental impacts are construction related and short-lived. To protect people and the biophysical environment from the negative impacts and minimize their potential damage to the environment, the program prepared an Environmental and Social Management Framework (ESMF) which outlines the institutional arrangements and related environmental training needs for the implementation and monitoring of the mitigation measures.

PROMAPUTO was classified as category B for the first phase, and its ESMF provided environmental guidelines and a screening mechanism for contractors and qualified members of the Municipality to ensure that construction and subsequent operation and maintenance of the infrastructure are carried out in an environmentally and socially sustainable manner.

To consolidate the environmental management achievements of the Municipal Development Project, the program has involved the National Environment Agency (MICOA) at all stages of the program all through implementation. A memorandum of understanding was signed between the Municipality of Maputo and the MICOA to collaborate and to assist in enhancing the institutional and human resources capacity of the Municipality of Maputo for environmental management.

As the second phase of the program will involve much more infrastructure development activities, it is envisaged that the ESMF will need to be revisited and updated where necessary.

2.2 Objective of the Environmental and Social Management Framework

The objective of the Environmental and Social Management Framework (ESMF) is to provide an environmental and social screening process for future investments in the rehabilitation of existing infrastructure for which the exact locations are not known prior to appraisal, and for which appropriate mitigation measures might be required. The ESMF has to be used as a practical tool during project implementation.

The screening process must be consistent with the Bank‟s safeguard policy OP 4.01 Environmental Assessment. This policy requires that all Bank-financed operations are screened for potential environmental and social impacts, and that the required environmental work be carried out on the basis of the screening results. Thus, the screening results may indicate that (i) no additional environmental work would be required; (ii) the application of simple mitigation measures by qualified staff would suffice; or, (iii) a separate environmental impact assessment (EIA) would be required.

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Considering that are expected investments in rehabilitation of existing infrastructure and construction of new infrastructure under the second phase of PROMAPUTO, significant localized impacts may occur, thus requiring appropriate mitigation. Potential environmental impacts would be addressed in the context of this ESMF, while potential social impacts due to land acquisition such as loss of livelihoods or loss of access to economic assets would be addressed in the context of the Resettlement Policy Framework (RPF). For that purpose, the program also developed a RPF which was prepared under separate terms of reference. In the same way, the RPF for the second phase should be prepared as a separate document and outlines the policies and procedures to be applied in the event of any land acquisition under the program.

3. Scope of Work

To achieve the requirements of the environmental and social safeguards for PROMAPUTO II it will be necessary two stages: (i) the first stage, related to the services partially covered by these terms of reference, will be to refine the ESMF and RPF of ProMaputo I including public consultations; (ii) the second stage would use the structure and guidelines of the final ESMF and RPF to produce Environmental Management Plans and Resettlement Action Plans for all ProMaputo II investments whose location, scale, scope and design are known at the time of appraisal. For example, Marracuene Cemetery, Julius Nyerere road rehabilitation along the northern corridor, etc.

The scope of work of this tender is exclusively related to the first stage mentioned above and on the subject of the Environmental and Social Management Framework (ESMF).

While it is required to prepare the safeguard instruments for the second phase of PROMAPUTO, this would not require preparing a new document, but rather a revision of the existing Environment and Social Management Framework (ESMF) which was prepared for the first phase of the program. Specifically, the consultants must review the document attached and adjust the program description and objectives to suit the new phase of PROMAPUTO.

The existing ESMF can be used as the basis upon which PROMAPUTO II's safeguard tools will be developed. That is, there will be a need to update the ESMF prepared for PROMAPUTO I to reflect any significant changes or additional types of project investments in the new project that were not considered in PROMAPUTO I and not treated in the existing ESMF.

Although the consultancy for updating the Resettlement Policy Framework (RPF) will be developed under separate terms of reference, it has to be linked with the scope of work related to the ESMF, including the public consultations.

The preparation of the updated ESMF and RPF will have to carry out a new round of public consultations on the draft update of both documents prior to finalizing the revised tools. This task will be planned together with and implemented by the consultancy of the RPF.

In addition to the review of the existing document, the consultant must be sure that the ESMF for the second phase of PROMAPUTO covers the following areas:

(a) Mozambique‟s environmental policies, laws, procedures, regulatory and administrative frameworks to determine which legal requirements are relevant to the infrastructure investments under the program, and make recommendations as appropriate;

(b) The Maputo Municipality legislation and the Mozambican Municipal Law (“Pacote Autárquico”);

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(c) The Bank‟s ten Safeguard Policies to determine which of these policies are likely to be triggered as a result of future infrastructure investments. The consultant must also identify gaps between the Safeguard Policies and the national legislation and make recommendations as to how to close these gaps, if any, i.e., how to harmonize both, keeping in accordance with the national legislation; and must make recommendations as to how to implement the relevant Safeguard Policies in the context of the ESMF;

(d) A review of the bio-physical and socio-economic characteristics of the project area to (i) identify potential environmental and social impacts that might result from future investments in the rehabilitation of existing infrastructure; (ii) propose appropriate mitigation measures; (iii) outline environmental impact assessment procedures; (iv) establish linkages to the RPF as necessary, and (v) make recommendations regarding the implementation and monitoring of environmental and social mitigation measures in the context of the ESMF as appropriate;

In light of the available information the consultant will:

(a) Develop an environmental and social screening process, including monitoring indicators, for future infrastructure investments under the program, capturing the following steps: (1) Screening of physical infrastructure investments, (2) Assigning the appropriate environmental categories, (3) Carrying out environmental work, (4) Review and approval, (5) Public consultation and disclosure, (6) Monitoring, (7) Monitoring indicators (and others as appropriate).

(b) Identify areas that would require institutional strengthening for environmental management, including cost estimates and time horizons, to ensure that the requisite capacity exists under the program to implement the ESMF efficiently;

(c) Consider the need of day-to-day Environmental Management decentralization to the Municipal Districts and to lower levels;

4. Output

The consultants will prepare an updated Environmental and Social Management Framework (ESMF) that will be used by project implementers at the planning stage of physical infrastructure investments during the second phase of PROMAPUTO. Although consultants may strongly rely on the existing ESMF, they must submit an independent study that covers all the requirements of section 3.

Although the consultancy for updating the Resettlement Policy Framework (RPF) will be developed under separate terms of reference, it has to be linked with the scope of work related to the ESMF, including the public consultations.

The new document will be written in Portuguese and English, and will include the following sections:

Cover page

Table of contents

List of acronyms

Executive summary

Introduction

Program description

Objectives of the Environmental and Social Management Framework (ESMF)

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Methodology used to prepare the Environmental and Social Management Framework (ESMF)

Overview of Mozambique‟s environmental policies, laws, procedures, regulatory and administrative frameworks

Overview of the World Bank‟s ten Safeguard Policies and note triggered safeguards

Environmental impacts due to infrastructure investments

Social impacts due to infrastructure investments

The environmental and social screening process:

o Steps required

o Annexes:

Environmental and Social Screening Form (Sample)

Environmental and Social Checklist (Sample)

Procedures for the construction/rehabilitation of infrastructure investments requiring environmental work

Summary of the World Bank‟s Safeguard Policies

Others, as necessary

Recommendations

List of individuals/institutions contacted

References

5. Relationship with the Client

The consultancy will report to DMPUA - Municipal Directorate of Urban Planning and Environment, which will designate a Project Manager. In addition, the consultancy should report to GDEI – Institutional and Strategic Development Office.

6. Staffing and selection of the consultancy, and duration of assignment

The consultancy would require expertise in environmental assessment, environmental management and strengthening of institutional capacity in these areas.

The duration of the assignment would be 30 working days, involving at least 10 days in the field. A first electronic draft ESMF should be made available to the CMM after 1 month after the signature of the contract, and the final electronic document should be available 1.5 months after the signature of the contract. This will ensure disclosure of the ESMF in Mozambique and at the World Bank‟s Info shop prior to appraisal and at least 120 calendar days before the Board date (this is approximately by April 2010 according to the proposed timeline).

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ANNEX 2

PARTICIPANTS IN THE PUBLIC CONSULTING MEETINGS

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MEETINGS WITH MAPUTO MUNICIPAL DISTRICT CONSULTATIVE COUNCILS MUNICIPAL DISTRICT 1

Date: Thursday, 19-11-2009

Participants: 20 Neighbourhood secretaries and District officers

MUNICIPAL DISTRICT 4

Date: Friday, 20-11-2009

Participants: 50 Neighbourhood secretaries and District officers

MUNICIPAL DISTRICT 2

Date: Friday, 27-11-2009

Participants: 27 Neighbourhood secretaries and District officers

MUNICIPAL DISTRICT 5

Date: Friday, 27-11-2009

Participants: 25 Neighbourhood secretaries and District officers

Update of the Environmental and Social Management Framework Maputo Municipal Development Program 68

ANNEX 3

CONCERNS AND EXPECTATIONS RAISED IN THE MEETINGS HELD WITH THE DISTRICT CONSULTIVE COUNCILS

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Below are listed the comments and issues raised during the meetings:

"The barriers of Josina Machel Avenue are being occupied by hashing and families that use the stones placed to prevent erosion (gabions) for construction of houses. The municipality must guarantee awareness after the completion of works to avoid the destruction of the built infrastructures”

"The city often starts repair road works but suddenly and without apparent reason these are interrupted causing damage and losses greater than if they had not started the works. For example in Rua de Braga, in the neighborhood of Malhagalene the change of sewage pipes in the middle of the works were stopped causing problems of public health since the water black now is done outdoors along the road. Added to this, the road was damaged causing turn motor vehicles issues. "

"Environmental impact studies before project implementation are important because they help communities to understand how to work with the project so that the infrastructure lasts a long time."

"We suggest the creation of a Monitoring Committee to environmental issues, the same way that there is follow-up Committee for resettlement issues."”

“In addition to roads rehabilitation it is required monitoring in order to avoid roads damaging by users. For example, it is common to see people throwing garbage in drainage ditches of roads recently constructed which causes the accumulation of water, creating problems for the road and also health problems.

"Certain roads are built without being accompanied by ditches or a drainage system of rainwater. Is that environmental studies not predicted impacts resulting from the accumulation of water and not identified mitigation measures?"

"During the rehabilitation works of the Praça dos Antigos Combatentes (Xiquelene) it was noted the development of some commercial activities not compatible with the type of works which arose. For example the preparation of foods and excavations that raise dust. Will the environmental study looked at this point, and why not taken any measure to avoid this situation? "

"Municipal structures not collaborate appropriately in environmental management in so far as the plans strokes are not fully implemented. For example, the closure of Hulene Waste Dumpsite was previously planned for 2010 and now refers to 2012. The Zona Verde was initially intended for agricultural production, the authorities have now being allocating land for housing. "

"On some occasions the roads are built as they should be, but later appear infrastructures that are preventing the water flow and damage the environment. For example, the existing Gasolineira in Rua da Beira causes the accumulation of rainwater. "

"You must prepare technicians to make permanent environmental education within the communities."

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"Water pipes on public roads constitute a concern for the residents. In Rua Gulamo Khan, one cannot pass because there are pipes on the road. Then the intersectoral planning is very important to ensure a good supply of services. "

"We believe that the EIA and SES are made, but there are deviations due to games of interest. Transparency in this process and the social and environmental responsibility of all actors is crucial for a good service. "

"The built drainage ditches are not fully taking into account the technical aspects. In the Bairro 25 Junho when the rain showers these not repel causing damage even worst in the roads."

"The public participation process exists but the views and comments are not taken into account by the competent authorities, as a mechanism should be created to ensure this participation."

"In Rua 7 and Rua 15 of Bairro 25 de Junho, were being made by CMM water pipes

but in the middle of the works the activity was interrupted. Now the road is not

passable due to erosion caused by rain."

"In Magoanine the water drainage ditches were poorly designed and as a consequence the rains are causing erosion."

Update of the Environmental and Social Management Framework Maputo Municipal Development Program 71

ANNEX 4

SCREENING CHECKLIST FOR MMDP II

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Yes No

Is the project locate in a sensitive area (as mangroves, areas with tendency to erosion; dunes; swamps; areas of unique setting; areas of historical or cultural preservation; areas for the protection of springs and sources of supply; densely populated areas, flooding areas)?

Might the sub-project increase the risk of erosion in the surrounding area?

Might the sub-project generate soil contamination?

Might the project alter the quality of superficial or groundwater?

Will the sub-project have adverse impacts on mangroves, dune vegetation or swamps?

Might the project lead to or increase the deforest of the Project area and/or it‟s surroundings?

Will the Project require local resources, as stones, gravel, wood or water?

Will the project affect any resources that local people take from natural environment?

Will there be additional demands on local water supplies or other local resources?

Will the project restrict people‟s access to land or natural resources?

Does the generate liquid or solid wastes can affect negatively the soils, vegetation, rivers, superficial or groundwater?

Will the Project create solid wastes classified as hazardous or toxic according to Decree n.º 13/2006, during construction and/or operation?

Might the Project generate significant air pollutant emissions (dusts, air emissions from machinery, vehicles, etc)?

Might the Project generate odors that can cause disturbance within the surrounding area?

Might the project generate noise that can affect significantly the sensitive receptors (as schools and health centers)?

Might the sub-project affect significantly the landscape?

Are there any land use plans on or near the project location, which will be negatively affected by project implementation?

Does the project have human health and safety risks, during construction or later?

Will the Project reduce people‟s access (due to roads, location, etc) to the resources and services that they usually use? (eg market, roads, cemeteries, public transport, etc)

Will the project result in construction workers or other people moving into or having access to the area (for a long time period and in large numbers compared to permanent residents)?

Will the sub-project require in the involuntary resettlement of individuals or

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families?

Will the project result in the temporary or permanent loss of crops, fruit tree and household infrastructures (such as outside toilets and kitchen, fence walls, etc).

Might the sub-project alter any historical, archaeological or cultural heritage site or require excavation near such site?

Is it possible to achieve the objectives in a different way, with fewer environmental and social impacts?

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ANNEX 5

SCREENING FORM FOR MMDP II

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SCREENING FORM 1. NAME OF THE PROPOSED ACTIVITY: _________________________________

______________________________________________________________

2. TYPE OF ACTIVITY:

__________________________________

New

Rehabilitation

Expansion

3. IDENTIFICAÇÃO DO(S) PROPONENTE(S):

Conselho Municipal de Maputo

4. ENDEREÇO/CONTACTO:_________________________________________________

_____________________________________________________

5. LOCALIZAÇÃO DA ACTIVIDADE:

City of Maputo Municipal District no:_____ Bairro (s): ______________________________________________________

(Map attached with the location of the activity)

. 6. ZONNING:

Residential zone

Industrial

Services

Green

Urban area

Semi-urban area

Informal settlement

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7. PROJECT DESCRIPTION: 7. Size and installed capacity:

Brief description of the project (site area, project capacity, size, materials to be used, construction and operation technologies)

7.2 Brief description of the construction and operation:

Estimated duration of the project's construction phase: ___ ____ days/months

7.3 Type, source and quantity of raw material to be used: 7.4 Chemical products to be used: 7.5 Source of water and energy supply:

AdeM Borehole Tank truck Other:_________

EDM Generator Other:_________

7.6 Source and quantity of fuel and lubricants to be used: 7.7 Other need resources:

8. LOCATION ALTERNATIVES:

9. BRIEF INFORMATION ON THE ENVIRONMENTAL ASPECTS OF THE SITE AND SURROUNDING AREAS:

10.1 Physical characteristics of the site area:

Coastal plain

Steep slope

High area

Low area

10.2 Environmental sensibility of the area:

Site area Surrounding

area

Low flodding prone area

Water courses

Apparent erosion

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Mangrove, dune vegetation or wetland

10.4 Land use

a) Land use in the site and surrounding area

Site area Surrounding

area

Residential

Commerce and Services

Industry

Agriculture

Leisure & Sport

School

Health Center

Heritage or sacred site

Other:

b) Land use according to the Maputo City’s Urban Structure Master Plan or

Urban Plan:

c) Main existing infra-structures in the surrounding area:

School

Health Post

Water supply network/ water standpost

Sewage network

Drainage network

Paved road

Electricity

Telecommunication

Other:

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ANNEX 6

MITIGATION MEASURES FOR PROJECTS OF CATEGORY C

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General Impacts Mitigation Measures

Impacts Mitigation Measures

Planning / design phase

Disagreements over the location of the structures can lead to conflicts.

Engage local authorities in the project planning.

Avoid the location of new infrastructure in areas considered sensitive from a ecological, erosion, stability or flooding point of view

Do not affect cultural and / or religious heritage sites

The project‟s layout should avoid as much as possible the destruction or damage to buildings, structures, infrastructure, agricultural areas (farms) or fruit trees.

Cutting of services / buried infrastructure (telecommunications, electricity, sanitation)

Observe the location of services that are buried in the planning stage to avoid the cutting of services

Coordination of the infrastructure location and the work sites with the service providing companies.

Construction Phase

Destruction or damage to buildings and structures located near the construction site.

Occupation and/or destruction of agricultural areas (farms) and/or fruit trees.

Follow the guidelines of the ProMaputo II Resettlement Policy Framework, for compensation and resettlement when necessary.

Localized changes in environmental quality due to noise emission, air pollutants, wastewater and solid waste.

Keep machines and equipment in good condition to prevent pollutant emissions and generation of unnecessary noise levels.

In residential areas avoid noisy activities at night.

During the dry season, water should be sprayed on dirt roads used for movement of the work„s vehicles to minimize dust disturbance in residential areas.

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All generated waste (rubble, soil, packaging – cement bags, solvents and paint residues) should be collected and deposited in appropriate locations approved by the DGA. The vehicles and equipment maintenance should be done in workshops and not at the work site. In case of the need to change equipment oil at the work site, this will have to be done in an area with impermeable soil (or using a tray) and the used oil should be collected for recycling.

Impacts Mitigation Measures

Erosion and silting up of waterways due to sediments

Avoid construction works during the rainy season

Avoid earthmoving activities during the rainy season and generally take into consideration the weather conditions in the implementation of activities.

Protect exposed areas and areas of soil deposition with sandbags to prevent slides.

Road traffic and pedestrian access disturbances during construction and increased risk of road accidents

Properly signpost all works on roads and access roads, as well as all generated diversions. Do not block the entrances to homes or commercial structures.

To avoid peak traffic hours when possible to prevent congestion. Consider that all interrupted paths and accesses due to the activities should be restored

Destruction of cultural heritage findings In the event of finding of any places, buildings, objects or documents that may be classified as cultural heritage, the work must be immediately suspended and the find should be communicated to the National Directorate of Culture (21-490677) within 48 hours.

Creation of erosion points due to inadequate closure of the works

At the end of the works, the land should be properly adjusted and compacted and the drainage system completed

All waste and debris material should be removed.

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Mitigation Measures for Municipal Buildings

Potential Impact Mitigation Measures

Planning Phase

Changes in the surface drainage patterns, runoff blockage, flooding upstream

The location of new buildings should take into consideration the drainage system existent in the area. It should not occupy the drainage line or the ponding areas. The project must include a drainage project that takes into account the settlement in the surrounding areas.

Urban Roads Mitigation Measures (Construction, Rehabilitation and Maintenance)

Potential Impact Mitigation Measures

Planning Phase

Risk of increased erosion on the slopes and discharge points of the road‟s drainage components

The project should envision gentle inclinations of the slopes and / or their protection against erosion through an adequate drainage system and, if necessary, the coating of the slopes Water discharge points should be properly studied and protected as to prevent erosion and / or flooding downstream, taking into account the land settlement downstream.

Operation Phase

Increased risk of traffic and pedestrian accidents due to the higher traffic velocity

Conducting awareness campaigns among the population, especially in schools located near the new road.

Signpost maintenance.

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Mitigation Measures for Sanitation and Drainage New connections to the municipal collector

Potential Impact Mitigation Measures

Construction Phase

Cross-contamination during the construction between the water pipelines and waste water collectors.

Adequate training of the staff to perform the maintenance.

Keep collectors as far away as possible form the water supply pipelines.

Construction of Low cost waste water treatment systems in situ

Potential Impact Mitigation Measures

Planning Phase

Contamination of water supply sources due to latrines overflow.

Ensure that latrines are built at least 30 m away from wells, preferably more than 60 m.

Operation Phase

Increased risk of development of diseases vectors (mosquitoes, flies, small rodents)

Check that there are no entries where the animals can reach the excrement. This can be solved using nets in the ventilation openings and lids on the latrines.

Lack of maintenance and unhygienic conditions can lead people to avoid the use of latrines

Educational campaigns to elucidate the community regarding the health hazards associated with non-use of latrines and open defecation Establish a support and employment system for a person to carry out the cleaning and routine maintenance. Create routines and inspection systems, maintenance and cleaning of the public toilets

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Construction/Rehabilitation of drainage ditches

Potential Impact Mitigation Measures

Planning Phase

Changes in land use (i.e., potential flood areas could begin to be targeted for residential occupation)

In the planning stage, determine the environmental sensitivity of the discharge area in relation to land use, risk of erosion or flooding; in order to avoid environmental and social impacts on the site.

Cutting off access to properties Define points requiring crossings

Operation Phase

Solid waste disposal in drainage channels, causing blockage and water contamination

Indiscriminate waste water discharge in the channel, causing water contamination

Organize regular cleaning and frequent maintenance of the drainage channels, removing all waste and debris.

Carry out educational campaigns to elucidate the community regarding the health hazards associated with open defecation and promote the use of latrines and waste disposal in the appropriate place.

Increased public health risk due to the use of discharged water for human consumption by the surrounding population

Carry out educational campaigns to elucidate the community regarding the health hazards associated with use of drain water. Providing safe drinking water to the community

Increased flooding and erosion in the channel‟s discharge area, affecting existent land use and structures and infra-structures

Establish velocity dissipation systems (artificial or vegetative) to reduce the risk of erosion and flooding in the discharge area.

Water pollution downstream, bringing impacts on public health and potential impacts on ecologically sensitive areas (e.g. mangroves, wetlands)

Carry out educational campaigns to elucidate the community regarding the health hazards associated with wastewater discharge into the drainage ditches

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Mitigation Measures for Water Supply

Construction of small scale water supply systems

Potential Impact Mitigation Measures

Planning Phase

Risk of aquifer over exploitation.

The borehole must first be licensed by the authority responsible for water management - Ara Sul, which must assess water availability

Construction of boreholes equipped with hand pump

Potential Impact

Mitigation Measures

Planning Phase

Risk of aquifer over exploitation The borehole must first be licensed by the authority responsible for water management - Ara Sul, which must assess water availability

Operation Phase

Risk of erosion around the source caused by the water flowage

Avoid water stagnation by placing gravel around the water sources.

Water drainage ditch maintenance

Creation of a water source maintenance committee

Increased risk of developing disease-transmitting vectors (mosquitoes) in the puddles created around the standposts/ wells

Risk of developing diseases related to water due to poor maintenance of the water source and the surrounding area

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Mitigation Measures for Traffic and Transport

Traffic signs

Potential Impact Mitigation Measures

Construction Phase

Creation of erosion points due to inadequate closure of the works

At the end of the works, the land should be properly adjusted and compacted and the drainage system completed

All waste and debris material should be removed.

Solid Waste Management

Increased solid waste collection

Potential Impact Mitigation Measures

Planning Phase

Waste loss from the collection and transport vehicles during the collection route, causing deterioration in environmental quality along the route

Use appropriate vehicles (watertight)

Train workers on proper loading of the transporter trucks

Accumulation of contaminated water in waste containers; subsequent discharge and contamination of the environment

Use lidded containers

The frequency of the collection should correspond with the amount of waste generated

Implement public awareness campaigns about the implications of waste on public health and how to use the containers (types of waste, hours of deposition, the importance of compaction, maintenance of the container‟s lid, etc.)

Spillage from waste container, causing soil and water contamination

Waste accumulation outside the containers, creating health risks and negative visual impacts

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Operation and closure of the Hulene Waste Dumpsite

Potential Impact Mitigation Measures

Conflicts with scavenger who frequent and/or reside at Hulene Dumpsite, over income loss

Integration of the collectors, in as much as possible, in the MMC solid waste management system

Risk of improper settlement of the dumpsite area, after the closure

Keep the area fenced and guarded.

Lixiviates continue contaminating the surface and ground water after closure

When possible, to collect and transport the lixiviates generated in the landfill to the sewage plant, in Maputo

Population using wells surrounding the area after the closure of the landfill

Monitoring water quality in wells and dissemination of the results to local authorities and health centers in the area.

Elimination of Informal waste dumps

Potential Impact Mitigation Measures

Conflicts with informal dumps users Identify suitable alternative site for disposal.

Implement public awareness campaigns on the implications of waste on public health and appropriate waste disposal

Emergence of new informal deposition points Implement public awareness campaigns about the implications of waste on public health and the CMM‟s solid waste management system Indiscriminate waste deposition even after the closure

of the waste dumps


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