Angola (2019)

Angolan law establishes that all land belongs to the Angolan State and that the State may award land titles to individuals or communities and may also expropriate land for public use. As such, national law recognizes the right of individuals and rural communities to hold land under State-awarded titles. In the case of rural communities, it also recognizes customary land rights, which are based on habits or usage. Whether rights are customary or based on title, national law requires that rights-holders be compensated fairly and promptly if this land is expropriated for public use.

Excluding regulations that are administrative in nature, the most relevant legislative requirements related to land acquisition and livelihood restoration and resettlement relevant to this Project are included in the following documents:

Decree n.o 58/07 of July 13, 2007 (Regulamento Geral de Concessão de Terrenos – General Regulation Land Concession).
Lei das Expropriações n.o 2.030 of June 22, 1948 (Expropriation Law).
Law n. o 9/04 of November 9, 2004 (Lei de Terras. Land Law).
Constitution of the Republic of Angola, 2010.
Presidential Decree n.o 117/16 of May 30, 2016 (Regulamento de Operações de Realojamento) for the Regulation for Resettlement Operations.
Law n.o 3/04 of June 25, 2004 (Lei do Ordenamento do Território e do Urbanismo).
Decree n.o 43.894 of September 6, 1961 (Regulamento da Ocupação e Concessão de Terrenos) for the Regulation for the Occupation and Concession of Land.
Decree n.o 41/04 of 2 July, 2004 (Regulation for the Licensing and Security of Electric Facilities).
Decree n.o 46.847 dated 1966 (Regulamento de Protecção das Linhas de Transmissão de Alta Voltagem) for the Regulation of the Protection of High Voltage Transmission Lines.

In addition, in 2012 Executive Decree n.o 92/12, Terms of Reference for the Development of Environmental Impact Studies (01/03/2012) was approved requiring project proponents to register the project and to follow a minimum content for the EIA report, including a description of the socioeconomic baseline and potentially affected communities that could be subject to resettlement. Once the EIA is submitted, during the pre-licensing visit to the project site, the Ministry of Environment (MINAMB) can ask the Project Proponent to prepare a resettlement plan when physical displacement is likely to take place. MINAMB can therefore request documentation related to resettlement either through the EIA Terms of Reference or as part of the licensing conditions (which can include additional mitigation and compensation measures).

The main elements of the documents mentioned above are summarized below.

Decree n.o 58/07, General Regulation Land Concession (“Regulamento Geral de Concessão de Terrenos”), July 13 2017

Establishes the legal framework for the concession of free lands within Angola. It does not apply for private property lands.

- Indicates that where there is expropriation for public use or for temporary requisition of lands, fair and adequate indemnity to the owner and to affected holders of other property rights is always owed.

- States that private parties affected by expropriation for public use or by the establishment of administrative authorities may opt for the corresponding fair indemnity or participation, as stockholders, in any mixed economy associations that may be established for the utilization of activities related to the respective reserve.

- Establishes the regime for public expropriation for public use including compensation for improvements that the concession holder has made on the expropriated property including being provided with a parcel of land in the same judicial situation, for similar use.

Expropriation Law n.o 2.030 (“Lei das Expropriações”), June 22, 1948

Note: Whilst an interministerial working group has been set up to formulate a new law, a draft has not yet been prepared. Consequently, the Presidential Decree n.o 58/07 is referred to for land to be expropriated for public utility.

States that immovable assets and related rights may be expropriated for public utility purposes as set out in this law and through payment of fair compensation.

- Establishes the process for the expropriation and concession of land for public utility. The process includes the following steps (see Section 3.3):

Submission of application by the interested party to the Concessionaire.
Information and opinions including other entities that should be consulted on the request.
Temporary demarcation of the land.
Consideration of the application and approval or rejection.
Definitive demarcation.
Concession contract signing.
Concession title granting.
Registration of the right, in favour of the concessionaire, in the land registry.
Establishes the conditions and the process to determine fair compensation to the affected party.

Law n.o 9/04 Land Law (“Lei de Terras”), 2004

Establishes fundamental land rights principles
Categorises State Land as conferrable and non-conferrable
Defines land rights and interests in land
States that the State and local authorities may expropriate for utility purposes
Established that expropriation extinguishes the land rights established on the land and determines its definitive transfer to state assets or local authorities, the latter being responsible for properly compensating the holder of land rights.
States that the land of rural communities may be expropriated for public utility or be subject to requisition through fair compensation.
Established a Right off Way (faux confinante ) of 30m safety distance either side of an electric transmission line (art. 27)

Constitution of the Republic of Angola, 2010

Defines that land is originally State property and can be transferred to individuals or legal persons, for their rational and effective use. This shall not prejudice the possibility of expropriation for public use, with fair compensation in accordance with the laws as per relevant legislation

Everyone is entitled to private property and its transmission, and the State respects and protects property and other real rights of individual persons, legal persons and local communities, being only allowed the temporary civil requisition and expropriation for public use, through fair and prompt compensation. The payment of compensation is a condition of expropriation.

The Constitution recognises the agrarian rights of small-scale farmers over land, provided the land is used productively. The area of th eland to be granted cannot exceed by one-third the surface area corresponding to the work capacity of the tenant and his or her family. The agrarian rights acquired, transmitted or established under this Law become extinct through non-utilitisation or through the non-fulfilment of the useful and effective land use, determined by the State, during three consecutive years or six separated years, irrespective of the reason.

Presidential Decree no 117/16 Regulation for Resettlement Operations (Regulamento de Operações de Realojamento) 2016

Regulates and approves resettlement operations in the process of relocation of a group of people living in a given territory, households, residing in areas of requalification and urban reconversion, in accordance with the principles governing the Public Administration, ensuring the continuation of the public interest and the protection of the rights and interests of citizens.

Confirms that: i) authorisation of resettlement is the responsibility of the provincial government and ii) implementation is the responsibility of the municipal government

Establishes relocation rights and warranties

Defines the procedure for relocation and financial compensation

Law no 3/04 for the Organisation of the Territory and Urbanism (Lei do Ordenamento do Territorio e do Urbanismo) 2004

Establishes the instruments for urban and rural territorial space management
Establishes a system for utan and territorial planning and related policies
Regulates the territorial planning system general framework in coordination with other instruments such as the general regime of defence, occupation and use of land.
Establishes that the land use must comply with municipal and special territorial plans.

Decree no. 43/894 Regulation for the Occupation and Concession of Land (Regulamento da Ocupacao e Concessao de Terrenos nas Provincias Ultramarinas) 1961

Indicates that in case of expropriation the land owner should be informed six months in advance

Establishes that compensation should be given for necessary improvements that the concession holder has made on the expropriated property including conceding a parcel of land of similar use, if there is available land

Decree no 41/04 Regulation for the Licensing and Security of Electric Facilities (Regulamento para o Licenciamento e Seguranca de Instalacoes electricas ) 2004

The law requires the project proponent to compensate the owners, tenants and beneficial owners whenever the establishment of power lines results in losses. Losses include the following:

Immediate losses: damage to crops, damage caused by the establishment of access roads, damage caused by depositing materials, and the cutting of trees required for the execution of the works
Permanent lossesL damage to forests, aesthetic impacts, loss of productivity of a portion of the soil decreasing the possibility of building, and radio disturbances (e.g. electromagnetic fields)
Future losses: arising from the operation of the line and the transformation of rural land, near settlements, or roads on land subject to urbanisation

Decree no. 46/847 Regulation of the Protection of High Voltage Transmission Lines (Regulamento de Proteccao das Linhas de Transmissao de Alta Voltagem ) 1966

Regulates safety and security of high voltage transmission lines

Restrictions include:

Houses and structures allowed as long as distance between transmission line axis and the top of the structure is more than 4-5 m
Crops and trees allowed as long as the distance to the transmission line axis is more than 4 m

Land Classification

State Land of the Public Domain: includes land that the State uses for collective public person. This includes Rural Community Land, land used for public projects (e.g. schools, railways) and Reserved Land of the State (see Box 3.1).
State Land of the Private Domain: a set of land and resources not included in the public domain where the right of surface usage has been leased to individuals or businesses for private projects. The State or Local authorities may or may not have vested ownership interests in such projects. State Land of the Private Domain is classified further into Urban Lands and Rural Lands as presented below.

State Land of the Public Domain

Rural Community Land is defined as “land used by a rural community in accordance with customary land use. This may also include adjacent areas used for shifting agriculture as well as transhumance corridors used by livestock to access water sources, pastures and crossings, and used to access water or roads leading to urban areas”.

Reserved Land are established for the protection of the environment, national defence and security, preservation of historical monuments or sites, etc. It includes inland water bodies, territorial sea, the exclusive economic zone, national airspace, mineral resources, roads and public transportation networks, protected environmental areas, territorial areas reserved for ports, airports or military defence purposes, monuments and buildings of national interest, etc.

State Land of the Private Domain

Urban land is defined as land located in an area delimited by an urban area and that is destined for urbanisation as defined in the urban plans or equivalent plans. Urban land can be an urbanized area, an area under construction (subject to an approved license), or an area designated for urban development or expansion.

Rural land is defined as land located outside an urban area, and is intended for agricultural, livestock, forestry and mining activities.

Land Rights

The land Law No. 9/04 recognizes different land rights applicable to State Land of the Private Domain. These are described below.

Private Property Rights (urban land)

Property rights refer to the private ownership right conceded to physical or juridical persons. This right only applies for land located in urban centres or in areas included in an urbanization plan or equivalent, and can only be conferred to Angolan national citizens.

Useful Customary Rights (Dominio útil consuetudinario) refer to the collective rights of occupation, possession, management, usage and exploitation that families or households in rural communities enjoy over the Rural Community Land they occupy and exploit. Rural Community Land is managed according to the principles of self-administration and self-management by Traditional Authorities, and must be used for housing or for economic or subsistence activities.

The rights to Rural Community Land can only be transferred (eg to Private Land) with the agreement of the Traditional Authorities. Where this is done alternative land must be granted to the affected customary right holders or, if alternative land cannot be granted, adequate compensation must be provided. The exercise of customary rights is free and rights holders are exempt from payments and fees of any kind. Nevertheless, in accordance with customary rules, rural communities may lose their customary rights over the land if such lands have been freely vacated and are no longer being used/exploited.

Useful Civil Domain

The right of the useful civil domain (Dominio Útil Civil) is a right characterized by the use and enjoyment of a parcel of land (urban or rural) by an individual who does not have ownership rights to the parcel but uses it as if it were their own. In this case, the original holder of the ownership right has conceded the right of usage to another person. In this sense, this right is stronger than the leasehold right (described below) and closer to the right of property.

Surface Rights

The “Surface Right” (Direito de Superficie), which may also be understood as a form of leasehold right, refers to the right to build a structure or engage in productive activities on a State Land of Private Domain (rural or urban) that belongs to someone else. In other words, it allows the surface of a land plot to be used to build a house or cultivate the land or conduct other relevant activities. This right may be granted to both Angolan nationals and foreigners.

Lease payment is either payed once as a lump-sum or in the form of an annual monetary fee, determined as per the lease contract and calculated according to the criteria established by law, including classification of the land and level of development tied to each territorial district.

Precarious Occupation Rights

The Right to Temporary or “Precarious Occupation” (Direito de Ocupação

Precária) is the weakest form of land tenure.

It is the right to temporarily occupy State Land or of the Private Domain for a maximum of one year (renewable) for the establishment of non-permanent structures intended to support temporary activities, such as those associated with the construction of permanent buildings, mining activities, scientific investigation, environmental studies, etc.

The occupant is required to pay a single or periodic cash allowance as established in the lease contract, and calculated according to the criteria established by law, and related to the classification of the land.

Institutional Responsibilities in Government

Law 13/2016 (Lei de Bases da Organização Administrativa do Territorio), Law 14/2016 (Lei de Bases da Toponimia) and Law 16/2016 (Lei de Bases da Organização Administrativa do Territorio) provide information on organizational roles and responsibilities for administering land, including the need to consult with traditional leaders and the rights for information provision.

The authorities responsible for authorizing the transmission or constitution of land rights will vary according to the land category, land rights affected and the size of the area to concede. For the Project it is considered likely that responsibility may remain with municipal and communal authorities and local Soba. However, this should be confirmed with GAMEK and the municipal and provincial authorities.

In some instances, depending on the size and scope of the Project, Municipal Commissions (Comissão Municipal) may be established at the municipality level to support the Project in coordinating engagement activities and the land acquisition and compensation process with traditional leadership and local communities. The municipal commission is composed of the commune administrators, first rank sobas, and municipal technicians or specialists.

Table 3.2 summarizes the institutional responsibilities of the different institutions in the Angolan government related to resettlement and livelihood restoration.

1. Ministry of Agriculture and Forestry (Ministerio da Argicultura e Florestas )

Defines strategies and propose programs for national development in the fields of agriculture and livestock, forests, food security, rural development, poverty alleviation, and rural community development, promoting and coordinating the necessary actions
Ensures management of land use for agricultural, livestock and forest
Ensures implementation of policies and strategies regarding sustainable management of forestry and fauna resources
Promotes and executes policies and strategies for constitution and management of food stock

2. Agriculture Land Management Office (Cabinete de Gestao de Terras) Ministry of Agriculture and Forestry

Manages land use regarding agriculture, livestock and forestry
Concedes titles, technical reports for agricultural, commercial and industrial businesses susceptible to influence national development
Implements various activities related to land structuring

3. National Agriculture Directorate under Ministry of Agriculture and Forestry (Direccao Nacional da Agricultura)

Proposes policies and development strategies on agriculture and rural engineering
Proposes measures to protect and rehabilitate degraded agricultural land

4. Forestry Development Institute (IDF) Instituto de Desenvolvimento Florestal

Ensures promotion, coordination and execution of forestry, fauna, rural and technology transfer policies

5. Ministry of Environment MINAMB Ministerio do Ambiente

Oversees and approves Environmental Impact Studies, including public consultation processes
Grants environmental licenses after EIA approval

6. Ministry of Energy ad Water MINEA Ministerio da Energia e Aguas

Propose and promote policy execution in the energy and water sectors
Establish strategies, promote and coordinate the profit and rational utilisation of energy and water resources assuring sustainable development

7. GAMEK - Gabinete de Aproveitamento do Medio Kwanza (under MINEA)

Oversees the construction of energy infrastructure projects including thermal plants, hydropower dams and transmission lines
Mandated to carry out resettlement and is responsible for the resettlement process for the project

8. Traditional Leadership soba

Local traditional authorities (leaderships) participate in municipal councils (Decree-Law no. 17/10 art 52/f and 57/e) and coordinate administrative tasks representing traditional communities

9. Governor of the Province

Authorisation of physical resettlement operations as per Presidential Decree no 117/16

10. Municipal administrations

To develop physical resettlement operations at the respective Municipalities as per Presidential Decree no 117/16

11. Municipal Commissions (Comissão Municipal)

to support the project in coordinating engagement activities and the land acquisition and compensation process with ttraditional leadership and local communities. These commissions are composed of commune administrators, first rank sofas, and municipal technicians and specialists

12. Expropriating Entity (Provincial Government)

Proceed to rehousing in cases where physical relocation of populations results from expropriation proceedings as per Presidential Decree no 117/16

Land Concession Process

Land concession in Angola is governed by two processes. One is the formal land concession process documented in the Land Legislation (Law no. 9/04) and Land Concession Regulation (Decree no. 58/07), which generally applies to land with private property, or surface rights (regardless of land size). The other is the informal process, which is undocumented, and applies primarily where acquisition involves parcels of land held with customary land rights or useful civil domain rights. The informal process is generally administered by the sobas or commune with support from the municipality as needed.

In the context of the Project, both the formal and informal processes may apply, with the formal process likely to apply mainly in urban and periurban areas, and where businesses are affected. The rights to the land, and therefore the required process, will likely only be confirmed through topographic and asset inventory processes.

Phases of the Formal and Informal Land Concession Process

The formal land concession process starts with the submission of the request by the interested party and is followed by community disclosure and consultation and the provisional demarcation of the land, consideration of the application and approval/rejection, followed by the definitive demarcation, after which a concession contract is usually signed and the concession title granted. The final step is the registration of the right in the land registry.

The informal process follows very similar steps, the main difference being that the formal process is administered primarily by the Municipal administration in collaboration with the soba whereas the informal process is administered mainly by the soba himself. The informal process also provides a more detailed description of the compensation process for the loss of crops and assets in rural communities.

Compensation Process

According to the Expropriation Law, “immovable assets and related rights may be expropriated for public utility purposes through payment of fair compensation”. Fair compensation shall be determined based on the actual value of the expropriated property as determined by a specialised land valuator, always calculated assuming the value of “perfect property” or “perfect ownership”, and including any additional related prejudice or costs.(1) In the event that rights other than the right of “perfect ownership” are expropriated, compensation shall be determined for the prejudice and losses resulting from the deprivation of such rights.

The capital gain resulting from public works or improvements, or any other circumstance initiated by the affected person or third party after the declaration of the expropriation for public utility, shall not be taken into consideration. The declaration is always published in the government gazette or Diário do Governo. In fact, the “cut-off” date for compensation is established as soon as the parties are informed that the Project has been approved and is going forward (i.e. during Step 5, final demarcation).

In practice, compensation is paid for crops and trees and physical structures. Compensation rates for loss of agricultural crops, and trees are established by the Ministry of Agriculture and Forestry.

As for land, compensation for loss of land rights only occurs in the case that affected people have a land ownership title, either as a result of a private ownership right or surface right. In this case, compensation is paid for permanent land take; compensation for temporary loss of access is not considered in the law (see Section 6.3.4). Decree n.o 58/07 (Land Concession Expropriation) also states that the expropriating entity may alternatively concede to the expropriated party a parcel of land in the same judicial situation, appropriate similar use. Compensation in cash or in kind is generally subject to negotiation and agreement between the expropriating entity and the affected party.

In the case of land used under customary rights or useful civil domain rights, individuals do not have formal land titles. As such, these individuals may not be entitled to compensation for the loss of land rights or access to land. Instead, alternative land is usually assigned to the affected households. If land is available within the community, the soba will decide on the reallocation. In the absence of available land, the municipal administration may intervene in deciding which alternative land to provide. It should be noted however that the legislation is not clear on compensation for the loss of customary land rights; the issue is therefore open to negotiation.

Physical Resettlement Process (Decree 117/16, 2016)

As previously stated, Presidential Decree 117/16 on Regulation of Resettlement Operations (Regulamento de Operações de Realojamento), regulates and approves resettlement of resulting from expropriation or land concession proceedings. The steps of the physical resettlement process as per Decree 117/16 will serve as the basis for planning and implementation of the resettlement process.

These steps consist mainly in 1) presenting the authorisation request to the provincial authorities; 2) an assessment phase where the municipal administration conducts a site visit and property evaluation in collaboration with the expropriating entity and the soba of the affected communities; 3) the granting of the authorization by the provincial authorities based on the findings of the assessment; 4) the provision of compensation and physical resettlement; and finally 5) the demolition of the structures.

Compensation Process and Requirements for Physical Resettlement

All the costs associated with the physical resettlement of affected households are borne by the Project proponent, including the cost of building new properties on alternative land. The building of new houses has to take into consideration the distance to and from schools, health centres, etc.

The size and number of replacement housing required for each household is determined based on the household size and property type. According to Presidential Decree 117/16, the expropriation entity (ie the municipal administration or provincial government) may also provide a financial compensation to the household as an alternative to a new property.

Dispute Settlement Mechanism

According to Article 14 of the Expropriation Law, in the absence of an agreement, the compensation value shall be determined through arbitration made by three arbitrators: one appointed by the expropriating party, one by the expropriated party (affected party), and a third one by the relevant District Court.

In the result that an agreement is not reached, the Land Law identifies three forms of conflict resolution mechanisms for land rights related conflicts. These are described below.

- Community justice: Traditional dispute settlement addressing disputes over community land in accordance with local customs of the communities.

If the dispute is not resolved through this mechanism, it is then referred to mediation or conciliation in the courts.

- Tribunals: Resolution through mediation or conciliation, where mediation involves the intervention of a third party mediating the resolution process and proposing recommendations and solutions, while conciliation involves a negotiation process with assistance of a third party responsible for helping the conflicting parties reach an agreement.

- Arbitration tribunal: Arbitrators acting as judges help resolve the conflict. Usually composed of three arbitrators representing each side and a third one representing the State.

COMPARATIVE ANALYSIS OF NATIONAL LEGISLATION AND INTERNATIONAL STANDARDS

As detailed, the main gaps between Angola legal requirements and IFC standards with respect to resettlement, economic displacement and livelihood restoration include the following:

- The national legal framework does not clearly define what constitutes fair or prompt compensation.

- With respect to compensation values of improvements to the land, Angolan law requires a market cost approach whereas the IFC requires that compensation be provided at replacement value (including transaction costs and excluding depreciation).

- The compensation value provided for land in Angola is generally under- valued and not formally documented.

- Livelihood restoration is not considered within national legislation.

- Resettlement Action Plans (RAPs) are requested on an ad hoc basis by the

regulator if likely physical displacement is identified prior to licensing.

1. Consultation and Disclosure

IFC:

Economically displaced persons and their communities (...) are provided with timely and relevant information, consulted on resettlement options, and offered opportunities to participate in planning, implementing, and monitoring resettlement.
Documents to be disclosed will be in a format that is accessible to the affected communities.
It is necessary to undertake and document a process of consultation in a manner that provides the affected communities with opportunities to express their views and allows the project to consider and respond to them.
The consultation process will be undertaken in a manner that is inclusive and culturally appropriate. It is necessary to tailor the consultation process to the language preferences of the affected communities, their decision-making process, and the needs of disadvantaged or vulnerable groups.
For projects with significant adverse impacts on affected communities, the consultation process will ensure their free, prior and informed consultation and facilitate their informed participation.

Angolan legislation:

Public consultation of the EIA precedes the decision of the Ministry of Environment (MINAMB) regarding Project licensing.
Executive Decree No. 87/12, of February 24, 2012, establishes norms for public consultations of public or private projects, subject to the evaluation of environmental impacts.
The land concession process set out in the Land Law (Lei de Terras No. 9/04) requires that the interested party conduct public consultation meetings to consult the local population through the soba and disclose the application for use and exploitation of the land. Local communities are expected to confirm in writing that the land is vacant and not occupied, nor included within the limits of community land.
No clear consultation mechanisms.

2. Development and Disclosure of LRP and/or RAP

IFC:

Prepare a LRF that mitigates the negative impacts of displacement, identifies development opportunities and establishes the entitlements of all categories of affected persons with particular attention paid to the needs of the poor and the vulnerable

In the case of physical displacement a RAP that cover at a minimum the applicable requirements of PS 5 regardless of the number of people affected will be developed. The RAP will be designed to mitigate the negative impacts of displacement, identify development opportunities, develop a resettlement budget and schedule an d establish the entitlements of all categories of PAPs (including host communities)

Angolan legislation:

Angolan law does not require the development and documentation or consultation of a LRP

In case the gov authorities (Min of Env/provincial gov) identifies likely physical displacement, it is the regulator’s discretion to request for a RAP

If resettlement aspects are not covered in the EIA, but are identified during the pre-licensing visit, MINAMB can ask GAMEK to address it

The physical resettlement process is established in Presidential Decree no 117/16

3. Compensation and livelihood restoration and recognition of customary land rights

IFC:

Compensation for loss of assets at full replacement cost and other assistance to help the displaced improve or restore their standards of living or livelihoods.

Affected persons with legal rights or claims to land to be provided with replacement property of equal or greater value or cash compensation at full replacement cost.

Wehre livelihoods are land-based or where land is collectively owned, the client will, where feasible, offer the displaced land-based compensation.

The developer will take possession of the land only after compensation has been made available.

The client will also provide opportunities to displaced communities and persons to derive appropriate development benefits from the project.

Angolan legislation:

Angolan law does not define compensation guidelines but requires prompt and fair compensation to be defined by the project proponent.

Compensation rates for crops and agriculture land are established by the Min of Age and Forestry but not for unbuilt land.

For land under concession, there will be expropriation for public utility and payment of just compensation in accordance to article 12 of law no 9/04 (Land Law).

Compensation for expropriation is determined based on the ‘actual value’ of the expropriated property and including any additional related prejudice or losses resulting from the deprivation of the relevant land rights.

For community land and related customary land rights, the land will be disused, which implies that traditional authorities are heard and compensation provided.

In the case of physical displacement, compensation is only an alternative to the provision of alternative land (Decree 117/16 art21)

4. Vulnerable groups and transitional support

IFC:

Vulnerable groups should be identified from the start and offered specially tailored assistance throughout the resettlement process.
Transitional support should be provided based on reasonable estimates of the time required to restore income earning capacity, productivity levels and associated livelihoods and standards of living.
Additional support should be provided to vulnerable groups as necessary.

Angolan legislation: No specific requirements

5. GRM

IFC:

It is necessary to establish a grievance mechanism to receive and facilitate the resolution of the affected communities’ concerns and grievances about the Project’s environmental and social performance.
The grievance mechanism should address concerns promptly, using an understandable and transparent process that is culturally appropriate and readily accessible to all segments of the affected communities, and at no cost and without retribution.
It is necessary to inform the affected communities about the mechanism in the course of its community engagement process.

Angolan legislation:

No specific requirement for a grievance mechanism.
Dispute settlement mechanisms are in place and
include community justice, the courts system (mediation/conciliation) and the arbitration system (Section 3.3.2).

6. Monitoring

IFC:

It is necessary to establish procedures to monitor and measure the effectiveness of implementation and use dynamic mechanisms, such as inspections and audits, where relevant, to verify compliance and progress toward the desired outcomes.
It is necessary to retain qualified and experienced external experts to verify monitoring information.
It is necessary to document monitoring results, implement corrective and preventive actions, and follow up on these actions to ensure their effectiveness.

Angolan legislation:

Follow-up and monitoring, by the government,are required to guarantee that established legal procedures are being followed.
Any specific requirement to establish procedures to monitor and measure, by the Project will be indicated in the installation and operation environmental licenses.