Main ESIA Report RevB 31st July 2024
August 19, 2024Chichewa GRM Brochure No.2_July 2024
September 4, 2024- Version
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Land Acquisition and Resettlement Coordinator
1. POSITION DETAILS | |
Job title | Land Acquisition and Resettlement Coordinator, Mpatamanga Hydro Power Limited (MHPL) |
Department | Environmental and Social Management Unit (ESMU), MHPL, Blantyre, Malawi |
Title of Line Manager | Social Unit Leader/Expert, MHPL |
Recruitment Focus | National Recruitment |
2. MANDATE |
The Land Acquisition and Resettlement Coordinator leads the day-to-day management and coordination of land acquisi- tion and resettlement activities associated with MHPL’s role within the Mpatamanga Hydro Power Project (MHPP). The role works closely with Government of Malawi representatives who also play an important role in the planning and management of the Project’s land acquisition and resettlement program. It also has a key coordination role with MHPL’s technical team regarding the scope and timing of Project land requirements and the planning and preparation of three resettlement sites.
Under the supervision of the Social Unit Leader/Expert, he/she recruits and/or manages and develops the skills/capacity of the MHPL land acquisition and resettlement team which will be based at MHPL’s Blantyre and/or site offices. This activity will be undertaken in coordination with the Consultation and Stakeholder Management Coordinator as the Land Acquisition and Resettlement team and the Consultation and Stakeholder Engagement team will closely coordinate their work. He/she plays a senior role within the broader MHPP Social team which includes national social and environmental specialists from both MHPL (the private sector partner in the Public Private Partnership that is developing the Mpatamanga Hydro Power Project) and the Government of Malawi. One of the key stakes of the MHPP is land acquisition and resettlement (both physical and economic displacement). The Land Acquisition and Resettlement Coordinator plays a lead role in supervising the associated planning, surveys, resettle- ment action plan (RAP) preparation, terms of reference (ToR) development, consultant management, monitoring and eval- uation of the land acquisition and resettlement program. This includes leading the coordination of environmental & social (E&S) input into resettlement site planning and preparation. The land acquisition and resettlement program is planned to be undertaken in a phased way; from Q3 2024 until around 2027/2028. Key dates include: § September 2024: Consultation on a Draft Resettlement Policy Framework (RPF). § From mid-October 2024: Surveys and RAP preparation for Early Works activities (resettlement sites and road up- grade). This includes establishment of initial Resettlement Working Groups (RWGs). § Q4 2024: Studies related to three planned Resettlement Sites (two in Blantyre District, one in Neno District). Com- munity engagement with relevant affected persons in Blantyre District is ongoing. § February/March 2025: Surveys and RAP preparation for Main Works activities. The Project is currently in the preparation phase and financial close is currently anticipated in Q4 2025. All activities are required to be undertaken in compliance with the Malawian regulatory framework and in alignment with the requirements of international lenders including the World Bank (Environmental and Social Framework; ESF), Interna- tional Finance Corporation (Sustainability Framework including Performance Standards; PS), Equator Principles 4, and also the UN Guiding Principles on Business and Human Rights. |
3. CORE RESPONSIBILITIES |
Scope 1: Land Acquisition Focal Point
· Lead the day-to-day management of the land acquisition and resettlement program in accordance with national and international standards (WB, IFC etc), and Partners’ requirements (i.e. the requirements of EDF, SCATEC, the IFC and the Government of Malawi who are the co-developers of the Project). This includes the day-to-day management of the planning and implementation of the phased RAPs and preparation and management of staffing resources and budg- ets for land acquisition and resettlement programs, as needed. · Support the liaison between the Project, consultants, and International Financial Institutions (IFIs)/lenders with regards to land acquisition and resettlement topics and progress. · Manage the work program of the Consultants responsible for the RAP preparation – including field surveys - and any other land acquisition and compensation-related activities. Closely monitor consultant progress and ensure the quality and timeliness of their field and office work, and the timeliness and quality of their deliverables. · Plan and coordinate land and asset and socio-economic surveys with RLRAP consultant and Government stakeholders. · Monitor evolutions within Malawi’s regulatory framework and implementation practices relevant to land acquisition and resettlement and ensure the Project’s compliance with these. · Undertake E&S risk analysis related to land acquisition and resettlement in Malawi and ensure that key risks are cap- tured in the Project’s E&S risk register. Actively monitor these risks and ensure mitigations are planned and in place. · Monitor publications providing guidance related to good international industry practice (GIIP) for land acquisition and resettlement and ensure that the Project is aligning itself with key insights gained from these. · Become familiar with the relevant E&S clauses in the contract specifications for Engineering Procurement Construction (EPC) Contractors and prepare procedures for inclusion in MHPL’s Environmental and Social Management System (ESMS), as needed, to ensure that risks associated with Contractor, and Company, land acquisition are managed. · Support the establishment and management of a land acquisition database with supporting cadastral maps that incor- porates the data collected during the land and asset and socio-economic surveys and aligns with both Lender require- ments and Malawi’s regulations regarding data management and data privacy. · Coordinate with the HSSE team to ensure any consultants and contractors involved in supporting the Project’s land acquisition and resettlement program comply with MHPL HSSE policies and procedures. Scope 2: Compensation Focal Point: · Work closely with the RAP Consultant to ensure the database/s developed during the land and asset and socio-eco- nomic surveys can be used to support management and monitoring of the cash and in-kind compensation program. · Work closely with Government representatives and relevant service providers (e.g. bank/s responsible for financial lit- eracy education and cash compensation payments, as needed) to ensure the smooth planning and implementation of the cash and in-kind compensation program. This program and the associated processes must be undertaken in align- ment with the Malawian regulatory framework and also good international industry practices (GIIP). · This scope includes designing, resourcing, overseeing the implementation of, and monitoring the performance of a quality assurance program to ensure that: o All Project Affected Persons (PAPs) have been identified and their details appropriately entered into the land acquisition database and any specific compensation databases that are agreed to be developed. This includes |
ensuring relevant details related to Project Affected Households (PAHs) have been captured; to facilitate spouses and other family members, as relevant, being included/involved in compensation discussions and decisions.
o All assets have been appropriately recorded in the MHPL land acquisition database and any specific compensation databases that are agreed to be developed. o Compensation schedules have been developed in accordance with PAPs’ individual compensation options. o PAPs have been appropriately consulted on their available compensation options including both cash and in-kind compensation, as relevant. o Adequate information has been shared with PAPs, with sufficient notice, to enable them to make their compen- sation option choice in an informed way. o PAPs that need support to obtain documentation to conclude the compensation process have received the nec- essary level of support. o PAP confidentiality has been maintained throughout the process of being briefed on, and signing, their Compen- sation Agreements. o All grievances related to land acquisition and compensation processes have been resolved in accordance with the Project’s Grievance Redress Mechanism (GRM) Procedure. o All Compensation Agreements (CAs) and related documentation have been signed and stored in accordance with MHPL’s relevant policies. o Active coordination has been undertaken on an ongoing basis with relevant parties such as Resettlement Working Groups (RWGs), Group Village Grievance Redress Committees (GVGRCs), and relevant Government agencies. o In coordination with the Gender and Social Inclusion Officer, a record of all vulnerable PAPs has been maintained by MHPL and appropriate measures have been implemented to support these PAPs’ informed consultation and participation in the compensation processes. o Notice to Vacate processes have been coordinated with relevant Government stakeholders; ensuring that the Project does not access land prior to relevant compensation (cash and/or in-kind) having been settled in full. o Contractors have not accessed land prior to completion of appropriate valuation processes and relevant compen- sation (cash and/or in-kind) having been settled in full. Scope 3: Resettlement Sites Focal Point: · In coordination with the Social Unit Leader/Expert, lead implementation of the Resettlement Sites strategy as agreed with MHPL and Government stakeholders including Project Management, Technical Team, Corporate Affairs team. · Plan, coordinate and manage Contractor E&S supervision of technical works and other activities at the resettlement sites with the: RAP Consultant; MHPL Technical Team, Permits Coordinator, HSSE; and relevant Government stake- holders including Ministry of Land, District Councils, Department of Museums and Monuments (DoMM) etc. This includes: o Engaging with Project-affected communities and other key stakeholders to ensure informed consultation and partici- pation in the development, implementation, and monitoring and evaluation of the resettlement site/s design and de- velopment, including the resettlement infrastructure development program. o Developing and/or reviewing ToRs for consultants or contractors to be appointed for projects or programmes focused on resettlement site design and development, including the resettlement infrastructure development program. o Carrying out site visits to monitor construction progress and ensure compliance with Project specifications. o Monitoring the development of the resettlement site/s progress against the Project schedule. Identify and address any potential issues, in coordination with the Social Unit Leader/Expert and Environmental & Social (E&S) Manager. |
o Ensuring that all work carried out adheres to local and national building and safety codes of Malawi.
o For PAPs that select in-kind compensation, ensuring that these in-kind compensation entitlements are reflected in the design and development of the resettlement sites. o Coordinating the demolition of old homes and other physical infrastructure assets for those that might want to salvage material for use at their houses in the resettlement site/s. o Coordinating the physical relocation process ensuring that vulnerable groups have been accorded necessary additional assistance, in alignment with the relevant content included in the Resettlement Policy Framework (RPF). o Coordinating the hand-over/take-over process of the new houses and resettlement site infrastructure. o Working in close coordination with other MHPL team members, structure and maintain a data repository of important information related to the resettlement site and infrastructure development with a main focus on: Liaising with the MHPL Data Management Coordinator and GIS Specialist to ensure that all data is well captured and stored in a system- atic database including current locations of affected persons’ houses and land, and new locations of affected persons’ houses and replacement land, as relevant. This activity is applicable to both physically and economically affected PAPs, as relevant. o Appropriate storage of all documentation relevant to resettlement site development including public infrastructure. · Prepare project reports and documentation, including project plans, work schedules, and status reports. · Organize and attend project meetings and presenting updates to stakeholders. · Other tasks as requested. Scope 4: Contribution to Social Team and ESMU Skills and Competency Development: · In coordination with the Social Unit Leader/Expert, support monitoring and reporting of Social Team performance. · In coordination with the Social Unit Leader/Expert, further develop the organisational capacity of the Social Team, with a focus on competency in planning and implementation of land acquisition and resettlement programs. |
4. CRITICAL INTERFACES |
Critical interfaces this role has towards other departments, specific roles, processes, or projects or towards external stakeholders; the aim is to help visualise the matrix organisation for this role.
1. The Land Acquisition and Resettlement Coordinator will report to the Social Unit Leader/Expert and take technical guid- ance, as relevant, from the EDF and SCATEC corporate Environmental & Social (E&S) specialists supporting the Project. 2. The Land Acquisition and Resettlement Coordinator will have an interface role with other MHPL teams including: So- cial; Environmental; Technical; Health Safety Security Environment (HSSE); and Corporate Affairs. This interface role could include a focus on the following activities and aspects: a. MHPL Technical team – coordination on land acquisition and resettlement topics including Project land require- ments, resettlement site development, and resettlement infrastructure development. In addition, capacity build- ing/skills development on topics related to land acquisition and resettlement site/infrastructure development. b. MHPL HSSE team – coordination to ensure health, safety, security aspects are adequately considered and resourced for all land acquisition and resettlement activities including in relation to resettlement sites. c. MHPL Environment team – coordination on land acquisition and resettlement topics including capacity build- ing/skills development on topics related to land acquisition and resettlement and integration of Environment Team support for resettlement site planning and development. |
d. MHPL Social team – coordination on land acquisition and resettlement topics including capacity building/skills de- velopment of team members on topics related to land acquisition and resettlement. Coordination of resettlement site preparation and infrastructure development including stakeholder engagement and grievance management.
e. MHPL Coordination Unit – coordination of activities to meet Lender requirements including progress reporting, monitoring and evaluation, data organisation and management. f. MHPL Corporate Affairs team – coordination of activities associated with tendering and selection of a bank/s to support administration of the cash and in-kind compensation program and implement financial literacy training to Project Affected Households (PAHs). 3. The Land Acquisition and Resettlement Coordinator will coordinate closely with relevant Government of Malawi organ- isations including the Mpatamanga Project Implementation Unit (PIU) within the Ministry of Energy, Ministry of Land, other relevant Ministries, and relevant District Councils. 4. The Land Acquisition and Resettlement Coordinator will also liaise directly with Lenders (IFC, World Bank, other) to address their concerns, as needed. 5. During the construction phase, he/she will also work closely with the Environment Social Labour Health Safety Security Environment (HSSE)1 teams of Engineering Procurement Construction (EPC) Contractors, other construction teams, and other relevant third parties. The ToR will be updated prior to the Early Works construction phase currently scheduled to commence May 2025; to reflect the shift in focus from studies to plan implementation and Contractor monitoring.
Further details about the MHPL organisational chart will be shared with shortlisted candidates. |
1 The definition of HSSE for EPC Contractors may be different than the current definition applied by MHPL for its HSSE team.
5. CRITICAL QUALIFICATIONS AND COMPETENCIES |
5.1 Qualifications |
· Master’s degree or equivalent in social sciences, rural development, agronomy, land management, or related field. · At least 15 years of professional experience, with at least 8 years of work experience in land acquisition and resettle- ment planning and implementation (inclusive of resettlement site development) in the hydropower and/or natural resources/energy sector, infrastructure sector, or with International Financial Institutions (IFIs) in a similar position. · Strong knowledge of land acquisition and compensation issues and natural resource management, including consider- ation of relevant human rights aspects; in alignment with national and international E&S standards. · Proven knowledge of international E&S safeguards frameworks including the World Bank Environmental and Social Framework (ESF) and the IFC Performance Standards. · Demonstrated experience in: o Managing land acquisition and resettlement processes including managing land acquisition and resettlement con- sultants and contractors and coordinating with relevant Government teams including Ministry of Land delegates. Also, integrating gender and social inclusion strategies, policies, procedures, programmes within these processes. o Developing and/or reviewing Compensation Schedules and Resettlement Action Plans (RAPs). o Developing, implementing, monitoring and evaluating resettlement infrastructure projects and programmes. In- clusive of integrating community sensitisation and awareness dimensions and leading capacity-building and mobi- lisation activities and programmes at community level. o Reviewing relevant Project deliverables to ensure land acquisition and resettlement aspects are adequately ad- dressed e.g. stakeholder engagement (SE) and grievance redress management (GRM) documentation, resettlement working group (RWG) terms of reference, gender-based violence (GBV) service provider scope and deliverables, Environmental and Social Management System (ESMS) policies and procedures. o Producing land acquisition and resettlement-related documents in compliance with national and IFI/lender require- ments (e.g. World Bank Environmental and Social Framework, IFC Performance Standards). This includes relevant reports and plans, and policies, processes, standard operating procedures (SOPs) for inclusion in Company ESMS. o Contractor E&S Monitoring in accordance with Good International Industry Practices (GIIP). Developing approaches and systems for managing land acquisition and resettlement data. o Engaging and coordinating with various categories of stakeholders, including communities, customary and district authorities, regional and national government, civil society organisations and international finance organisations. o Participating in exchanges and negotiations with lenders (and their advisors). o Working in a multi-cultural context and on large infrastructure projects within Malawi and other countries. o Designing and leading capacity building initiatives to strengthen the skills and experience of team members in work- ing to International Financial Institution (IFI) standards for private sector-led and PPP projects. · Well-developed knowledge of local community cultures, customs, and practices in Malawi is desirable. Demonstrated experience in: i) working in a multi-cultural context; and ii) working within cross-cultural teams. · Excellent English report-writing skills. · Fluent in written and spoken English and Chichewa. · Other relevant local language skills highly desirable. |
5.2 Core Technical Competencies |
· Demonstrated knowledge of applicable theory, methods and practice in:
o E&S risk identification and safeguards management, including specific issues related to land acquisition and resettlement planning and implementation in the context of hydropower and/or infrastructure projects. o social science, impact assessment, land and social management, including land acquisition, resettlement and compensation issues, and stakeholder engagement and grievance management. · Specific knowledge and/or specialisation in land acquisition and resettlement planning; including valuation processes, resettlement infrastructure planning, management of land-related grievances, monitoring and evaluation. · Data assessment and evaluation capabilities including skills in data and information synthesis for both technical and general (including community level) audiences. · Ability to source and filter information for transfer to Project Affected Persons (PAPs); including at community level. · Demonstrated ability to liaise with various types of stakeholders (for example: regulators, stakeholders, and technical consultants, communities). · Ability to coordinate and negotiate with various stakeholders; including Lenders (IFC, World Bank) and Government agencies e.g. Ministry of Lands, District Councils. · Demonstrated activity management, time management, and project management skills. · Proven experience with IT tools and digital platforms including GIS and database design and management. · Contract management skills; including development and/or technical review of Terms of Reference/Scope of Services. · Mediation and conflict resolution skills; particularly in relation to land-related disputes. |
5.3 Personal Characteristics |
· Demonstrated high level of interpersonal and communication skills.
· Hard-working, proactive, and self-motivated. · Personal and professional integrity and commitment to ethical business practices. · An ability to act as a Project representative and as a delegate for the Social Unit Leader/Expert, from time to time. · Demonstrated Project Management skills: ability to plan, organise, direct, coordinate, execute, control and evaluate projects – expert in timeline and risks management. · Demonstrated Team Leadership and management skills. · Ability to work under pressure, on own initiative and be ‘solution-oriented’. · Ability to effectively combine a work schedule that may require up to 50% community-based fieldwork at Project site/s and around 50% office-based work at MHPL’s office in Blantyre. · Accustomed to dynamic professional environments and quickly meeting new challenges. Excellent communication, negotiation and team working skills.High social and intercultural competence. |
6. Additional requirements |
· Must be able to work overtime according to operational needs. Overtime will be managed in compliance with Malawi labour law and a time off in lieu (TOIL) approach may also be available.
· Willing to spend up to 50% of working schedule at Project site/s and/or undertaking field monitoring of Contrac- tor/Consultant activities. · Occasional travel to Lilongwe should be anticipated. · Must have a valid driver’s license. |
7. Administrative aspects |
· Starting date; as early as possible within September/October 2024 for an initial duration of around 15 months (to end December 2025). Intention of a multi-year extension, assuming the Project is approved.
· Probation period of three months. · Employment contract will be with Mpatamanga Hydro Power Limited (MHPL). · Full time position based @ 50% of the time in MHPL’s office in Blantyre and @50% of the time on site. On-site accom- modation arranged and paid for by the employer. · Further details of the employment package will be shared with shortlisted candidates. |