Ministerio das obras publicas, infraestruturas, recursos naturais e ambiente

Legal and institutional framework

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Legal and institutional framework

The ESMF is developed in accordance with the principles and guidelines related to the environmental and social management adopted by the GSTP and the WB.

In addition to adhering to the requirements of the Constitution and other legal documents dealing with the rights of the STP people including the protection of the environment, the ESMF relies significantly on the Framework Law on the Environment (Law no. 10/99) and particularly the Regulation on the process of environmental impact assessment (Decree-Law no. 37/99), which defines the rules and principles on environmental impact assessment as well as the Law of State Land Management and Ownership (Law no. 3/91), which assisted in the enlightening of several aspects related with potential the resettlement implications of the project.

From the WB point of view the project triggers four (04) of the 10 + 2 Operational Policies of the World Bank Safeguards, namely the Environmental Assessment (PO/PB 04.01), Natural Habitats (PO/PB 04.04), Physical Cultural Resources (PO/PB 4.11) and Involuntary Resettlement (PO/PB 4.12).

The ESMF and the Resettlement Policy Framework (RPF), which was prepared separately to guide the project as to its potential impacts on people, communities and their assets, and in response to the project triggering the involuntary resettlement policy (OP 4.12), set the course to be followed in dealing with various environmental and social issues. The RPF stresses the importance of avoiding involuntary resettlement and ensuring that where necessary, consultation and engagement of the affected persons and their representatives are carried out and that Project Affected Persons (PAPs) are compensated and assisted prior to the commencement of any construction activity. They should have opportunities to participate in the planning and implementation of resettlement programs and be assisted in their efforts to improve their livelihoods and living standards or at least restore them, in real terms, to pre-displacement levels or levels prior to the start of project implementation, depending on what is best.

INAE will work closely with AFAP, which will manage a significant part of the financial aspects. The project will also be used to establish and consolidate a unit within INAE to deal with cross-cutting issues such as environment and climate change, social and gender aspects.

There will also be active collaboration with other relevant sectors (e.g. environment, agriculture, natural resources, transport, tourism) and administrative units (districts, municipalities and local authorities), including the project-affected people. Where necessary INAE and AFAP will involve externally contracted entities to provide goods and services.

As set out under Chapter 8, the involved institutions will share among themselves various responsibilities of project design, preparation of environmental and social studies, formulation of environmental and social management plans, including resettlement action plans, and approval and implementation of these documents, including monitoring and evaluation of the attainment of the defined project development targets.

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