MOZAMBIQUE UPSCALING NATURE-BASED FLOOD PROTECTION IN MOZAMBIQUE’S CITIES Enabling Environment January 2020 Project Client: World Bank (WB) Project: Consultancy Services for Upscaling Nature-Based Flood Protection in Mozambique’s Cities (Selection No. 1254774) Document Title: Task 2 – Enabling Environment Cover photo by: IL/CES Handling and document control Prepared by CES Consulting Engineers Salzgitter GmbH and Inros Lackner SE (Team Leader: Matthias Fritz, CES) Quality control and review by World Bank Task Team: Bontje Marie Zangerling (Task Team Lead), Brenden Jongman, Michel Matera, Lorenzo Carrera, Xavier Agostinho Chavana, Steven Alberto Carrion, Amelia Midgley, Alvina Elisabeth Erman, Boris Ton Van Zan- ten, Mathijs Van Ledden Peer Reviewers: Lizmara Kirchner, João Moura Estevão Marques da Fonseca, Zuzana Stanton-Geddes, Julie Rozenberg Enabling Environment ii LIST OF CONTENT 1 Introduction 6 1.1 Nature-Based Flood and Erosion Protection in the Urban Context 6 1.2 Objective of the Consultancy 7 2 Methodology 8 2.1 Organization of the Consultant’s Team 8 2.2 Conceptual Framework and Research Themes 8 2.3 Research Methodology and Work plan 9 2.4 Sources of Data and Information 10 2.5 Project Stakeholders 11 3 Policy framework 12 3.1 Environment, Land, Water and Disaster Risk Reduction 12 3.2 International Conventions 17 3.3 Municipality legislation 18 3.4 Comparison of sector legislation 20 3.4.1 Protection zones 20 3.4.2 Disaster risk management 21 3.4.3 Flood protection 21 3.4.4 Erosion protection 21 4 institutional framework 23 4.1 Institutional Assessment 23 4.1.1 MTA – Ministry of Land and Environment 23 4.1.2 MOPHRH – Ministry of Public Works, Housing and Water Resources 25 4.1.3 MAEFP – Ministry of State Administration and Civil Service 27 4.1.4 INGC – National Institute of Disaster Risk Management 27 4.1.5 ARAs – Regional Water Administrations 28 4.1.6 Municipal Councils 28 4.2 Inter-institutional Coordination 29 4.2.1 CONDES 30 4.2.2 Technical Council for Disaster Management (CTGC) 32 4.2.3 Water and Sanitation Coordination Mechanisms 33 4.2.4 Other Multisector Working Groups 33 4.2.5 Relevance of existing coordination mechanisms 34 5 Gap analysis and identification of opportunities 35 6 Recommendations 43 6.1 Improvement of Institutional Mandates and Coordination 43 6.2 Improvement of Technical Capacities 43 7 Annexes 45 Enabling Environment iii ANNEX 1 Questionnaire 45 ANNEX 2 List of Interviewees 46 ANNEX 3 List of Legal Documents 47 ANNEX 4 Overview of Mandates 50 ANNEX 5 Organizational Chart of EMUSA 1 FIGURES Figure 1-1: Detention Ponds - NBS for flood protection 6 Figure 1-2: Ecologs – NBS for erosion protection 6 Figure 4-1: Institutional map for nature based flood and erosion protection 23 Figure 4-2: Climate change institutional architecture (Source: Artur&Tellam, 2013, based on Micoa, 2012) 31 Figure 4-3: New institutional Climate Change Coordination Arrangement (proposal submitted to Council of Ministers) 31 Figure 4-4: Disaster Management Coordination Mechanism (Source: INGC) 32 TABLES Table 2-1 Overview of Experts for the Enabling Environment Report 8 Table 2-2 Updated Schedule of the Consultancy 10 Table 2-3 Overview Project Stakeholders 11 Table 3-1 Environmental, Land Water and DRR Legislation 12 Table 3-2 International Conventions 17 Table 3-3 Municipal Legislation 18 Table 5-1: Assessment of Mandates, Gaps and Potentials 36 ABREVIATIONS AIAS Administração de Infra-estruturas CRA Conselho de Regulação de Abas- de Água e Saneamento tecimento de Agua ARA Administração Regional de Águas COE Centro Operativo de emergências AQUA Agência Nacional de Controle de CONDES Conselho de Desenvolvimento Qualidade Ambiental Sustentável (Sustainable Deve- lopment Council) CBD Convention on Biological Diversity CT Conselho Técnico (Technical CCAP Climate Change Adaptation Pro- Council) gramme CTGC Conselho Técnico de Gestão de CCGC Conselho Coordenador de Gestão Calamidades de Calamidades DINAB Direcção Nacional do Ambiente CES CES Consulting Engineers Salz- gitter GmbH Enabling Environment iv DINOTER Direcção Nacional de Ordena- MEF Ministério da Economia e Finan- mento do Território e Reassenta- ças mento MIC Ministério de Indústria e Comércio DNAAS Direcção Nacional de Abasteci- MICOA Ministério da Coordenação Ambi- mento de Agua e Saneamento ental DNDA Direcção Nacional de Desenvolvi- MICTUR Ministério de Cultura e Turismo meto Autarquico MINEC Ministério de Negócios Estrangei- DNGRH Diecção Nacional de Gestão de ros e Cooperação Recursos Hídricos MIREME Miistério dos Recursos Minerais e DPOPHRH Direcção Provincial dos Obras Energia Públicas, Habitação e Recursos Hídricos MISAU Ministério da Saúde DPTA Direcção Provincial de Terra e MTA Ministério da Terra e Ambiente Ambiente MMAIP Ministério do Mar, Aguas Interio- DRR Disaster Risk Reduction res e Pescas EMUSA Empresa Municipal de Sanea- MOPHRH Ministério das Obras Públicas, mento Habitação e Recursos Hidricos ENAMMC Estratégia Nacional de Adaptação MRV Mecanismos de Monitoria Reporte e Mitigação de Mudanças Climáti- e Verificação cas MTC Ministério dos Transportes e Co- FIPAG Fundo de Investimento e Patrimó- municação nio de Abastecimento de Água NBS Nature-based Solutions FNDS Fundo Nacional de Desenvolvi- PEU Planos de Estrutura Urbana mento Sustentável PGPU Planos Gerais e Parciais de Urba- FUNAB Fundo Nacional do Ambiente nização GAS Grupo Subsectorial de Agua e Sa- PLA Plano Local de Adaptação neamento PNUD Programa das Nações Unidas GoM Government of Mozambique para o Desenvolvimento GFDRR Global Facility for Disaster Reduc- PQG Plano Quinquenal do Governo tion and Recovery PROFOR Program on Forests HCT Humanitarian Country Team SDG Sustainable Development Goals INDC Intended Nationally Determined Contribution SDPI Serviços Distritais de Planificação e Infra-estruturas INGC Instituto Nacional de Gestão de Calamidades ToR Terms of Reference IPA Imposto Pessoal Autarquico UCM Universidade Católica de Moçam- bique KfW German Development Bank UEM Universidade Eduardo Mondlane MAEFP Ministério da Admisnistração Es- tatal e Função Pública UNFCCC United Nations Framework Con- venction on Climate Change MADER Ministério de Agricultura e Desen- volvimento Rural USAID United States Agency for Interna- tional Development MCTESTP Ministério de Ciência e Tecnolo- gia, Ensino Superior, Técnico Pro- fissional Enabling Environment 5 1. INTRODUCTION 1 INTRODUCTION 1.1 NATURE-BASED FLOOD AND EROSION PROTECTION IN THE URBAN CONTEXT Mozambique’s coastal as well as parts of its inland cities comprise risk areas prone to erosion and flooding. Heavy rainfalls regularly inundate settlements and roads and erosion increasingly threatens housing and public infrastructure, leading to human and economic losses. These risks, on the one side, are caused by the exposure of the land, its population and infrastructure to natural hazards, which is the case particularly along the coast with its low-lying estuary areas. On the other side, inappropriate land use increases flooding and erosion risks, with settlements occupying protection areas (e.g. floodplains and wetlands) and with the degradation of forests and vegetation. Accordingly, flood and erosion management is one of the first priorities in affected cities. The majority of protection measures, in Mozambique and worldwide, comprise the rehabilitation and construction of grey infrastructure, such as drainage canals, retention basins, protection walls and their appurtenant infrastructures. While there are several reasons to consider for and against grey infrastructure, incl. degree of urbanization, existing infrastructure, local capacities (construction and operation), etc., nature- based solutions are an alternative/ complementary approach receiving more and more attention at local, national and international level. Especially when looking at small-scale interventions, nature-based so- lutions can be a more cost-effective option and may also be implemented and operated/ maintained by local stakeholders, including communities and NGOs (e.g. afforestation measures). They can thus be included in urban planning without major costs, not only reducing flood risks but avoiding them in the first place. Figure 1-1: Detention Ponds - NBS for Figure 1-2: Ecologs – NBS for erosion protec- flood protection tion Nevertheless, it needs to be pointed out that nature-based as well as hybrid flood and erosion protection measures may also be very complex in their planning and implementation, requiring expertise not only in engineering but also in specific areas of environmental science (e.g. ecology, zoology, botany, ocean- ology, soil science, and geology) and social science. In Mozambique, small-scale initiatives of nature based solutions (NBS) can be found. Mangrove refor- estation and planting of dune vegetation are erosion protection measures mostly carried out with local communities or community-based organizations. However, the use of NBS for investments in public infrastructure though national and local authorities is not a common practice. Pilot projects with a larger scale have been launched and implemented through international funding, as it is the case of the Chiveve Rehabilitation and Green Urban Infrastructure Project in Beira City, Enabling Environment 6 1. INTRODUCTION implemented by the Administration for Water and Sanitation (AIAS) and financed through the German Cooperation (KFW) and World Bank. Considering that the use of NBS for flood and erosion protection is currently in a piloting stage, questions arise about who is in the lead of this process, who establishes policies, norms and guidelines and who is responsible for the implementation and operation at local level. 1.2 OBJECTIVE OF THE CONSULTANCY The World Bank, with funding from PROFOR and the GFDRR Multi-Donor Trust Fund for Mainstreaming Disaster and Climate Risk Management in Developing Countries (City Coastal Resilience Project – City- CORE Africa), is providing technical assistance to the Government of Mozambique (GoM) for the up- scaling of nature-based solutions for urban flood risk management in Mozambican cities. The objective of the present Consultancy is to provide technical and analytical support to contribute in the upscaling of nature-based solutions for urban flood risk management, particularly in coastal cities. Specific objectives of the consultancy services are: (1) to identify the lessons learnt of the green urban infrastructure pilot project in Beira, as well as legal, regulatory and institutional constraints and opportunities to integrate nature-based risk management solutions in the cities of Mozambique; and (2) to identify different options for nature-based and hybrid solutions to manage urban flood risks in two pilot cities and assess their effectiveness, costs and benefits. It is expected that the consultancy contributes to the following outcomes: 1. Knowledge gap in the preparation and implementation of nature-based solutions for urban flood risk management has been reduced. 2. Recommendations to improve the enabling environment for nature-based solutions for risk re- duction are being discussed by decision-makers in Mozambique. 3. The full range of possible nature-based and/or hybrid green-grey solutions flood risk manage- ment solutions for two pilot cities (Quelimane and Nacala) has been analyzed based on a com- prehensive urban flood risk assessment for different climate change and urban growth scenar- ios. 4. Rough cost-benefit analysis for different investment scenarios for selected cities in Mozambique has been completed to allow for an initial comparison of potential traditional and nature-based approaches and contributes to improving methodologies to carry out cost-benefit analysis for nature-based approaches. The ‘Enabling Environment Report’ presents the main result for the second outcome, elaborated under Task 2 of the consultancy. The objective of this task is to provide a detailed assessment of the legal and institutional environment to mainstream nature-based approaches for urban flood risk management and erosion protection solutions in the cities of Mozambique. Specific objectives of the Enabling Environment Report are to: o Collect and review relevant legal documents and the regulatory framework; o Analyze gaps / inconsistencies regarding principles and mandates as well as synergies / poten- tial convergence points regarding the application of nature-based approaches for flood and ero- sion protection; o Prepare a stakeholder mapping with relevant mandates for the implementation of nature-based flood /erosion protection solutions at national, provincial and municipal level O Analyze stakeholder strengths and weaknesses in the implementation of nature-based solu- tions; Enabling Environment 7 2. METHODOLOGY 2 METHODOLOGY 2.1 ORGANIZATION OF THE CONSULTANT’S TEAM The team of experts for this task is shown in the table below. Under the coordination of the Project Team Leader, the Institutional Expert and the Data Management Expert conducted a series of interviews and collected data at national, provincial and municipal level. Table 2-1 Overview of Experts for the Enabling Environment Report Expert Position Matthias Fritz Team Leader and Senior Hydraulic Engineer Bianca Reichel Institutional Expert António Beleza (DRM) Data Management Expert Accordingly the task was carried out partly as desktop work for the review of legal documents and partly field-based. Interviews were conducted in Maputo, Quelimane and Nacala. The two cities are the se- lected pilot cities for the Consultancy’s Task 3 and have been used as a source of information regarding the institutional set-up, capacities and coordination mechanisms. 2.2 CONCEPTUAL FRAMEWORK AND RESEARCH THEMES Over the past years there has been a growing consensus that countries worldwide should follow a de- velopment route and policy agenda that simultaneously builds resilience, improves mitigation, and en- courages sustainable development. This means pursuing a national policy and planning strategy that seeks to affect the dual imperatives of i) continued economic growth needed for instance by developing countries to reduce poverty and improve wellbeing; and ii) improved environmental management needed to tackle resource scarcities and climate change impacts. Mozambique is one of the African countries most affected by the impacts of climate change. With ap- proximately 2,500km of coastline and located downstream of nine transboundary river basins, Mozam- bique is immensely exposed to coastal and river flooding in Africa. The World Bank has been active in providing emergency recovery after flooding events in Mozambique and is increasingly supporting the Government of Mozambique (GoM) in preventive disaster risk management operations at city and re- gional levels (e.g. the 3CP - Cities and Climate Change Project). While traditional infrastructure-based interventions still make up the majority of global financing to improve disaster risk management, the application of nature-based solutions is gaining momentum. One out of approximately 70 pilot nature-based urban flood management projects supported by the World Bank between 2012 and 2019 is located in the coastal city of Beira in Mozambique. To maximize results from such projects, it is important to clarify the benefits for urban flood risk management and how such approaches can be scaled up and adjusted to other cities in Mozambique and other countries in Africa. More generally, nature-based urban flood risk management projects struggle to provide a struc- tured and comprehensive assessment of grey and green infrastructure solutions and produce and com- municate evidence on the cost effectiveness of such solutions compared to other priorities. In order to provide information on the existing enabling environment for the upscaling of nature-based flood and erosion management, the Consultant defined the following research themes as the basis of the assessment and present report: Enabling Environment 8 2. METHODOLOGY i. Legal framework: The laws, regulations and policies orienting nature based urban flood and erosion management. ii. Institutional mandates and coordination: The institutional architecture, mandates and considerations of leadership to mainstream nature-based approaches for urban flood risk management and erosion protection in Mozambique. iii. Conflicts and Potentials: Gaps and conflicts of sector-policies and mandates, possibilities for an improved engagement and coordination of institutions. 2.3 RESEARCH METHODOLOGY AND WORK PLAN Based on the Terms of Reference (ToR), the road map presented in Table 2-1 was agreed and applied following the Consultancy’s kick-off meeting. The first field mission for Task 2 was planned for the period 15/07/2018 to 20/07/2018, where interviews were conducted and secondary data collected in Maputo. The Consultant identified and approached key government actors in the sectors of environment, water, urban development, climate change and disas- ter management in order to better understand the policies, mandates, institutional architecture, capaci- ties and considerations of leadership for mainstreaming nature-based approaches for urban flood risk management and erosion protection in Mozambique. With the same aim, the second field mission hap- pened in the second week of August, where the Consultant visited Quelimane, Nampula and Nacala. Considering that due to logistical reasons the second field mission was partly combined with Task 3, data collection therefore took approximately 2 weeks longer than planned. The finalization and submis- sion of the Report was then extended, followed by a revision process with the World Bank. Enabling Environment 9 2. METHODOLOGY Table 2-2 Updated Schedule of the Consultancy June July August September October November December January No. Tasks 2 3 4 1 June 1 2 3 July 4 1 August 2 3 4 1 2 3 4 September 2 3 4 1 October 1 2 3 4 November 1 2 3 4 December 2 3 4 1 January No. Tasks 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 0 Inception Phase 0.1 0 Inceptionof Mobilization team and revision of documents Phase 0.2 Kick-Off Meeting with Client and AIAS 0.1 Mobilization of team and revision of documents 0.3 Elaboration of Draft and Final Inception 0.2 Kick-Off Meeting with Client and AIAS Report 1 0.3 Identification Elaboration and of Draft andanalysis of lessons Final Inception Report learnt from the green infrastructure pilot project in Beira 1 Desktop Review of Identification documents and analysis and of data producedlearnt lessons from the green infrastructure pilot project in Beira 1.1 during two phases of project planning and Desktop Review of documents and data produced implementation 1.1 during two phases of project planning and Field Visit, with interviews of main stakeholders 1.2 implementation and private sector representatives Field Visit, with interviews of main stakeholders 1.2 Collection of georeferenced information on the and private sector representatives 1.3 socio-economic, risk reduction and environmental Collection of georeferenced information on the impacts 1.3 socio-economic, risk reduction and environmental 1.4 Presentation and discussion of findings with Client impacts 1.5 Elaboration of Draft and Final thediscussion Report' 'Beirawith 1.4 Presentation and of findings Client 2 1.5 Assessment Elaboration of of the theand Draft enabling environment Final 'Beira Report' to mainstream nature-based approaches for urban flood risk management in MOZ 2.1 2 Collection Assessment and review of legal of the documents enabling environment to mainstream nature-based approaches for urban flood risk management in MOZ 2.2 2.1 Institutional Collection Assessment and (incl. documents review of legal Interviews) 2.3 2.2 Presentation Institutional and discussion Assessment ofInterviews) (incl. findings with Client Elaboration of Draft and Final 'Enabling 2.4 Presentation and discussion of findings with Client 2.3 Environment Report' Elaboration of Draft and Final 'Enabling 2.4 Assessment 3 Environment of urban flood and erosion risk and potential nature-based or hybrid green-grey solutions to mitigate the risk in Quelimane and Nacala Report' 3 Field 3.1 visits to Quelimane Assessment of urban Nacala, andflood dataerosion risk and potential nature-based and Quelimane solutions to mitigate the risk in Quelimane and Nacala or hybrid green-grey collection, interviews with stakeholders Nacala Field visits to Quelimane and Nacala, data Quelimane 3.1 Assessment of the city risk profile for both cities collection, interviews with stakeholders Nacala under different climate change scenarios, return 3.2 Assessment of the city risk profile for both cities periods, different urban expansion scenarios, incl. under different climate change scenarios, return 3.2 different land-use typologies periods, different urban expansion scenarios, incl. Identification and analysis of possible innovative different land-use typologies 3.3 nature-based and/or hybrid flood&erosion Identification and analysis of possible innovative protection solutions for Quelimane and Nacala 3.3 nature-based and/or hybrid flood&erosion Conduction of a Workshop in Quelimane and 3.4 protection solutions for Quelimane and Nacala Nacala to discuss and select potential solutions Conduction of a Workshop in Quelimane and 3.4 Ecosystem Mapping and assessment of proposed 3.5 Nacala to discuss and select potential solutions solutions Ecosystem Mapping and assessment of proposed 3.5 Flood modelling and elaboration of flood and solutions 3.6 erosion risk maps for different climate change and Flood modelling and elaboration of flood and urban growth scenarios and potential solutions 3.6 erosion risk maps for different climate change and Conduction of a Workshop in Quelimane and 3.7 urban growth scenarios and potential solutions Note: 1-2 weeks after local elections Nacala to present and validate results Conduction of a Workshop in Quelimane and 3.7 Elaboration of Draft and Final 'Quelimane and Note: 1-2 weeks after local elections 3.8 Nacala to present and validate results Nacala Report' Elaboration of Draft and Final 'Quelimane and 3.8 Cost-benefits 4 Nacala Analysis (CBA) of different investment scenarios Report' 4 Data 4.1 collection and Cost-benefits review Analysis (CBA) of different investment scenarios Establishment of a range of potential investment 4.1 Data collection and review scenarios for nature-based and hybrid approaches 4.2 Establishment of a range of potential investment and analysis in terms of approximate costs and scenarios for nature-based and hybrid approaches 4.2 benefits and analysis in terms of approximate costs and Presentation and discussion of preliminary results 4.3 benefits with the Client Presentation and discussion of preliminary results 4.3 Elaboration of CBA Chapter for inclusion in 4.4 with the Client 'Quelimane and Nacala Report' Elaboration of CBA Chapter for inclusion in 4.4 Knowledge 5 'Quelimane and Sharing and Dissemination Nacala Report' 5 Preparation Knowledge of Final and Note, Knowledge Sharing with key Dissemination 5.1 information on nature-based solutions for policy Preparation of Final Knowledge Note, with key makers 5.1 information on nature-based solutions for policy Conduct final dissemination and capacity building 5.2 makers workshop in Maputo at the closing of project Conduct final dissemination and capacity building 5.2 DELIVERABLES workshop in Maputo at the closing of project DELIVERABLES D1 Inception Report D1 D2 Inception Report Beira Report D2 D3 Beira Report Enabling Environment Report D3 D4 Enabling QuelimaneEnvironment and NacalaReport Report D4 D5 Quelimane Note Report and Nacala Final Knowledge D5 Dissemination Final Knowledge and Capacity Building Note D6 Workshop Final Dissemination and Capacity Building D6 Workshop draft report draft report final report final report meeting/ workshop meeting/ continuousworkshop activity intermittendactivity continuous activity related tasksactivity intermittend related tasks 2.4 SOURCES OF DATA AND INFORMATION This report was based on data obtained from different sources namely: i. Literature review: an expanded desktop review of the Mozambican laws and regulations which define mandates and criteria relevant for the mainstreaming and implementation of flood and erosion protection measures as well as international conventions was carried out by applying the content analysis technique. Enabling Environment 10 2. METHODOLOGY ii. Interviews: twenty-eight key informants from the central, provincial, municipal as well as district governments were interviewed. The interviews were conducted based on the research ques- tions presented in Annex 1. 2.5 PROJECT STAKEHOLDERS The team identified and approached a number of key stakeholders during this assignment. The engage- ment started during data collection for this task and contacts were established at that point. Table 2-3 presents an overview of potential stakeholders at national and sub-national level. Table 2-3 Overview Project Stakeholders Institution Name of Focal Person Position Cities and Climate Change Project AIAS Paulo Oscar Monteiro da Silva Manager MITADER (now Head of Environmental Management Guilhermina Amurane MTA) Department National Director, Post Disaster Re- INGC Higino Rodrigues construction Office FIPAG Fernanda Quintano tbd Municipal Council of Director of the Municipal Sanitation Silverio Cipriano Quelimane Company (EMUSA) Municipal Council of Director of Urban Services and Equip- Adelino Cobre Nacala ment DPOPHRH (Nam- Technical staff of Provincial Direc- Arlindo Issa pula) torate for Urbanization and Housing AIAS Zambezia Julia Uarela Regional Delegate DPTADER (now Chicuate Head of Environmental Department DPTA) (Zambézia) Head of Provincial Department for DPTADER (now António Comboio Land Use Management and Resettle- DPTA) (Nampula) ments ARA Centro-Norte Carlitos Omar Director of ARA Centro-Norte Other institutions were involved during data collection but are not presented here as key stakeholders in terms of their mandates to drive policies, investments and / or operation of nature-based flood and erosion protection infrastructures. A full list of interviewees is provided in Annex 2. Enabling Environment 11 3. POLICY FRAMEWORK 3 POLICY FRAMEWORK During the inception phase, the team started with the collection of existing Mozambican laws and regu- lations which define mandates and criteria relevant for the mainstreaming and implementation of flood and erosion protection measures. Below sections present a selection of the most relevant legislation in force that enables the NBS environment and point out their crucial standards and guidelines for upscal- ing, planning and implementing nature-based flood and erosion protection measures in Mozambican cities. A full, but not exhaustive, list of documents reviewed by the Consultant is provided under Annex 3. Under section 3.4, a comparative analysis is provided on the principles and standards given in the dif- ferent sector legislation and policies in regard to (nature-based) flood and erosion protection. This in- cludes the definition of protection zones, disaster risk zones, as well as principles on flood and erosion protection. 3.1 ENVIRONMENT, LAND, WATER AND DISASTER RISK REDUCTION The overall legislative framework comprising the sectors environment, land, water and disaster risk reduction provides some guidance for flood and erosion control, also looking at the application of nature-based solutions in the urban context. Below table provides an overview of the most important sector-specific legislation and its relevant contents which enable the use of NBS for flood and erosion management. Table 3-1 Environmental, Land Water and DRR Legislation Name/ Descrip- Type and N° Relevance for NBS tion 1. LAWS AND REGULATIONS a. Environmental Management - Establishes principles based on constitutional law for an environment conducive to environmental management based on preventive systems - Encourages the implementation of protection and valori- zation measures of the environmental heritage in par- ticular the historical and cultural heritage, with the involve- ment of communities and environmental protection associations Lei do Ambiente/ Lei nº 20/97 Environmental Law - Promotes the implementation of appropriate measures contributing to the maintenance and regeneration of ani- mal species, recovery of damaged and creation of new habitats, controlling activities or the use of substances that may affect the faunistic species and their habitats - Prohibits activities and/ or infrastructure that acceler- ate erosion, degradation of wetlands, desertification, deforestation or any other form of environmental deg- radation Enabling Environment 12 3. POLICY FRAMEWORK - Stipulates specific rules for the protection of the environ- ment, incl. the prevention of environmental damage and compensation measures - Promotes incentives for planting forest species for protection and/ or recovery of degraded areas in frag- A Lei de Florestas ile ecosystems (hydrographic basins, dunes, erosion e Fauna Bravia/ Lei nº 10/99 zones) Forestry and Wildlife Law - Provides guidance of measures to encourage the national private sector to participate in the exploration, manage- ment and conservation of plant species Regulamento para a Prevenção da - Defines limits of pollution to coastal environment, incl. liq- Poluição e Pro- uid discharges and solid waste tecção do Ambi- - Prohibits deposit of liquid and solid waste along the coast, ente Marinho e especially in fragile ecosystems Decreto Costeiro/ Regula- n°45/2006 tion for the Preven- - Defines beach/ coastal management practices and tion of Pollution prohibitions, incl. protection of wetlands and prohibi- and Protection of tion of introducing new/exotic species the Marine and - Defines partial protection zones, incl. riverbeds and Coastal Environ- surroundings of water bodies ment b. Land Use Management - Encourages the use of land as a contribution to the devel- opment of the national economy - Requires national land cadaster to comprise data on the legal status of land, type of occupation, forests, reserves, etc. to efficiently organize the use of land, while cautioning its elements of protection and conservation; - Defines total and partial protection zones as public do- main areas, considering total protection zones as areas Lei de Terras / for nature conservation or preservation activities and of Lei nº 19/97 Land Law State security and defense by establishing parameters for the definition of partial protection (see section 3.4); - Determines total and partial protection zones as areas where no rights for the use and exploitation of land can be assigned, with the exception of special licenses for the exercise of certain activities; - Defines technical/ political guidelines on the parameters for land use and the role of local governments / com- munities in this process - Regulates that any construction in partial protection zones adjacent to waterbodies requires a license from Regulamento da the government entities responsible for interior and mari- Decreto nº Lei de Terras / time water management 66/98 Regulation of the - Enables the creation of conditions for the demarcation or Land Law delimitation of new areas for undertaking projects in areas occupied by local communities Enabling Environment 13 3. POLICY FRAMEWORK - Envisages public participation during the elaboration and execution of land use plans - Aims at preserving the ecological balance, incl. defense of ecosystems and fragile habitats, amongst others - Envisions the preservation of the built heritage and the natural or man-made landscape, which includes green, blue and grey infrastructure - Promotes requalification of urban areas that are de- Lei de Ordena- graded, occupied informally or as emergency measure Lei nº mento do Território - Promotes the compatibility and coordination of environ- 19/2007 / Spatial Planning mental policies and land use strategies, respecting the Law current forms of occupation - Requests national, provincial, district and municipal gov- ernment to apply spatial planning instruments and general instruments incl. land qualification, classification, cadaster, environmental and socio-economic inventories and zoning - Defines public participation mechanisms in the spatial planning process - Classifies land use plans in Plano de Estrutura, Plano Geral e Parcial de Urbanização e Plano de Promenor. Decreto - Promotes establishment of socially useful spaces on Regulamento do the basis of principles and spatial planning directives 60/2006 (al- Solo Urbano / Re- tered by De- - The Plano Promenor defines in detail the typology of oc- gulation of Urban creto nº cupancy of any specific area of the urban center, incl. Land 23/2008) land uses and general building conditions, the char- acteristics of infrastructure networks and services - Risk and protection zones, water courses, green spaces to be integrated in land use plans c. Disaster Risk Reduction - Gives guidance on prevention, mitigation and develop- ment of actions for reconstruction and recovery of areas affected by disasters - Gives orientation on the need for technical-scientific coop- eration with academic and research institutions in the search for solutions and appropriate ways of preserv- ing the environment and preventing disaster risk Lei da Gestão de Lei n° - Guides the institution for disasters management in defin- Calamidades / 15/2014 ing policies, plans, prevention and mitigation strategies Disaster Manage- ment Law that aim to prevent or reduce the impact of disasters on the lives of people or communities - Defines prevention measures, committing governments to adopt legislation on construction and other projects that make them more resilient to the impact of floods, cyclones, erosion, among others - Assigns responsibility to provincial and municipal govern- ments to define disaster risk areas and to ban the Enabling Environment 14 3. POLICY FRAMEWORK construction of infrastructure in these areas, unless appropriate technologies are applied. - Foresees provision of technical/ political guidance to lo- cal institutions / bodies on the need to build infrastruc- Regulamento da ture resilient to extreme events Lei da Gestão de Decreto n° Calamidades / Re- - Promotion of new equipment and technologies suitable 7/2016 gulation of the for the prevention and mitigation of disasters Disaster Manage- - Defines responsibility of mapping of disaster risk zones by ment Law INGC and demarcation by local government. Prohibits any infrastructure construction in risk zones. d. Water - Defines the entitlement and legal qualification of flood zones to determine security restrictions for persons and property - Promotes better use of water bodies for the public do- main, avoiding wastefulness and losses to the sea, in- Lei nº Lei de Águas / Wa- creasing multiple purposes uses, recycling, works and 16/1991 ter Law equipment for water retention/ storage and regulariza- tion of flows. - Prevention and control of harmful effects regarding soil erosion and flooding - Improving the management of hydraulic infrastruc- tures (incl. drainage) - One of key objectives is to preserve water for protection of ecosystems and to reduce vulnerability to floods and droughts (through better coordination and plan- ning of structural and non-structural measures) - The main objectives in regard to flood management are to prevent the loss of human lives, minimize negative social and economic impacts, damage to property and infrastruc- Resolução Approves the Na- ture, disruption of social and economic life; nº42/2016 tional Water Policy - Defines physical and planning measures to improve miti- gation of floods impacts, including protection of flood- prone urban areas by dikes, floodplain zoning of riv- ers and licensing of occupations in these plains (oc- cupation according to degrees of risk) - Municipalities as local regulators of pollution to be in- volved in the integrative management of hydro- graphic basins and water resources in general 2. POLICIES, STRATEGIES AND PLANS National Urban ENASU - Prioritizes the improvement of urban sanitation services Water and Sanita- 2011-2025 through the rehabilitation and expansion of existing waste tion Strategy 2011- water and storm water drainage infrastructure. 2025 Enabling Environment 15 3. POLICY FRAMEWORK - Assigns the responsibility for the implementation and management of these infrastructures to municipalities, with the national Government being responsible for moni- toring these activities, as well as technical and financial support. - Defines establishment of capacity for sanitation manage- ment in cities and towns, according to the size of the city, creating autonomous municipal sanitation services when- ever deemed necessary. - - Defines, as a strategy, the development of hygiene and sanitation programs in close partnership with local govern- ment structures, applying an integrated and participatory approach in planning, monitoring, promotion and control Priority 5: Ensures the sustainable and transparent man- agement of natural resources and the environment - Ensures the integration of the green-blue economy and the green growth agenda into national development pri- orities Plano Quinquenal - Guides the mapping of disaster risk areas PQG 2015- do Governo/ 5- - Promotes studies and research aimed at reducing the 2019 Year Plan of the risk of disasters and adapting to climate change GoM - Guides the promotion of research on options for adapta- tion to climate change and DRR in various sectors at all scales - Promotes increased public awareness of the principles, responsibilities and economic and social benefits of the blue-green economy Estratégia Nacional de Adaptação e Mi- - Sets out action guidelines for building resilience, in- tigação de Mudan- cluding climate change mitigation, in communities and the ENAMMC ças Climáticas/ Na- national economy 2012 tional Climate - Guides the increase of climate resilience through res- Change Adaptation toration, rational use and protection of natural and and Mitigation Stra- built capital tegy - Improve the capacity for integrated water resources man- agement including building climate resilient hydraulic infrastructures Intended Nationally - Increase the effectiveness of land use and spatial Determined Contri- INDC (2015) planning (protection of floodplains, coastal and other ar- bution to the UN- eas vulnerable to floods) FCCC - Ensure biodiversity’s protection - Reduce soil degradation and promote mechanisms for the planting of trees for local use Enabling Environment 16 3. POLICY FRAMEWORK - Develop climate resilience mechanisms for infra- structures, urban areas and other human settlements and tourist and coastal zones Plano Director para - Strengthens land use planning, giving attention to the in- a Redução do creasing urban risk due to the climatic change Plano Direc- Risco de Desastres - Promotes corrective intervention based on a risk anal- tor 08/2017 2017-2030 / Master ysis and the definition of priorities in terms of physical and Plan for Disaster social infrastructures considered critical or vital. Mitigation Risk Reduction and maintenance actions will be developed, as well as 2017-2030 protection and structural reinforcement works. National Ur- - Foresees improvement of stormwater drainage sys- ban Water tems, with priority of primary drainage channels and Sanita- - Requests drainage tariff for coverage of O&M costs tion Strategy - Defines that O&M of sanitation and drainage systems to 2011-2025 be done by autonomous municipal authority - Long-term national vision through a participatory process Agenda Agenda 2025 - In relation to human settlements, the strategy prioritizes 2025 the capacity for disaster prevention, mitigation and subse- quent rehabilitation 3.2 INTERNATIONAL CONVENTIONS Complementing the above national legal framework, international conventions, particularly regarding environmental protection and climate change adaptation, play a further enabling role for the upscaling of NBS. These conventions can be understood as drivers of the national policy making process, while also facilitating access to external funding. Through the UNFCCC, for example, the GoM prepares Na- tional Adaptation Plans and the Intended Nationally Determined Contribution (INDC) which define clear climate adaptation and mitigation goals. These are important instruments to raise awareness and pro- mote targets and actions throughout the different sectors in regard to climate resilient planning, bringing together flood and erosion risk reduction with biodiversity and ecosystem preservation. Table 3-2 International Conventions Type and n° Name or description Relevance for NBS Resolução Convention on Biologi- - Promotes and recognizes the urgent need for con- n°2/94 cal Diversity (CBD) crete and coordinated measures to reduce the loss of biodiversity Resolução Convention on Wet- - Determines and promotes the conservation of wet- n°45/2003 lands (Ramsar) lands through the establishment of national wetland reserves - Defines as objective to promote sustainable develop- United Nations Frame- ment Resolução work Convention on - Promotes integrated land and water resource n°1/94 Climate Change (UN- management plans and mechanisms for protection FCCC) and rehabilitation of degraded areas, especially in areas most affected by floods and erosion. Enabling Environment 17 3. POLICY FRAMEWORK - Creates awareness of policymakers in the use of NBS for actions to adapt to climate change - Makes commitment to take appropriate legal, scien- tific, technical, administrative and financial measures for the identification, protection, conservation, Convention on the enhancement and restoration of the natural and Resolução Protection of the World cultural heritage. n°17/82 Cultural and Natural Heritage - Promotes policies aiming at determining a cultural and natural heritage function in the collective life and integrating the protection of that heritage into general planning programs. African Convention on - Ensures the conservation, use and development Resolução the Conservation of of soils, water, flora and fauna of Member States, n°18/81 Nature and Natural based on scientific principles and the interests of Resources their populations 3.3 MUNICIPALITY LEGISLATION The enabling legislative environment at municipal level is determined by their legal competencies. The following table provides an overview in this regard. Within the different sectors of environment, land management, water and disaster risk management, the Municipalities are bound to the national legal framework. Urban plans are supposed to apply national guidelines and norms to the local context; how- ever in practice, local planning and implementation is often challenging, as sections 4.1 and 0 describe. Table 3-3 Municipal Legislation Name or content de- Type and n° Relevance for NBS scription LAWS AND REGULATIONS Regime jurídico da tu- Lei n° 9/97 (re- tela administrativa so- - Determines the autonomy of local authorities in car- vised by Lei n° bre as autarquias lo- rying out their tasks: e.g. definition of plans and pri- 6/2007) cais/ Municipalities orities in the implementation of public infrastructure Administrative Law - Defines competence of local authorities in the in- vestment in: o equipment of green spaces, including gar- dens and nurseries Lei n° 11/97 Lei das Finanças Autár- o protection or recovery of the environment (revised by Lei quicas/ Municipal Fi- o planting and conservation of trees n° 1/2008) nance Law o implementation of urban expansion and re- newal programs - Defines autonomy of elaborating, approving, alter- ing and executing activity plans (spatial planning, urbanization plans and detailed plans) and budgets Enabling Environment 18 3. POLICY FRAMEWORK - Introduces Municipal Compensation Fund, based on surface area, population, level of development and success in collecting taxes - Guarantees autonomy of municipalities from local Regime jurídico dos ór- Lei n° 8/2003 state bodies (provinces and districts et al) within the gãos locais do Estado/ boundaries of the law (revised by Lei Local Administration n° 11/2012) - Foresees coordination of plans, projects and actions Law between local state bodies and municipalities Regulamento da articu- - Strengthens the link between municipalities and lação dos órgãos das communities to facilitate inclusive community partic- autarquias locais com ipation Diploma Minis- as autoridades comuni- - Promotes the collaboration of local commu- terial n° tárias/Regulation on ar- nity/residents in the planning, implementation 80/2004 ticulation between Mu- and overall awareness raising nicipalities and - Promotes the dissemination of knowledge and in- Communities formation on good practices - Provides competences to Municipalities for the Regime jurídico das planning, management and realization of invest- transferências de fun- ments in the construction of public infrastruc- Decreto n° ture ções e competências 33/2006 (re- dos órgãos do Estado - Guarantees autonomy of Municipalities and pro- vised by De- para as autarquias lo- motes efficiency and effectiveness of the manage- creto n° cais/ Transfer of com- ment at local level 46/2011) petencies from the - Promotes coordination between central and local State to Municipalities government bodies for better planning and imple- mentation Regime financeiro, or- çamental e patrimonial - Endows municipalities with financial autonomy to Lei n°1/2008 das autarquias locais e implement public investments within their terri- o sistema tributário au- tory. tárquico - Gives provincial governments the competency Regime jurídico das to control the compliance of national legis- Decreto n° modalidades de tutela lation at local level 56/2008 administrativa dos Go- - Provides for a coordination of the Provincial Governments plans, programs and projects vernadores Provinciais with the Municipalities for harmonization of their areas of action POLICIES, STRATEGIES AND PLANS Establish the spatial organization of the entire terri- tory of the municipality, the parameters and the Planos de Estrutura Ur- norms for its use, taking into account the current oc- PEUs bana/ Urban Structure cupation, the existing and required infrastructures and Plans social equipment and their integration in the regional spatial structure. Planos Gerais e Parci- Establish the structure and qualify urban land, tak- ais de Urbanização/ ing into account the balance between the various uses PGPUs General and Partial Ur- and urban functions, defining networks for transport, banization Plans communications, energy and sanitation, social facilities, Enabling Environment 19 3. POLICY FRAMEWORK with special attention to areas of spontaneous occupa- tion. Define in detail the typology of occupation of any specific area of the urban area, establishing the de- sign of the urban space providing for land uses and Planos de Pormenor/ general building conditions, the layout of roads, charac- Detailed Plans teristics of infrastructure networks and services, either for new areas or for existing areas characterizing the fa- çades of buildings and open space arrangements. ENAMMC implementation mechanism at the local level, which considers the integration of climate change and Planos Locais de Adap- DRR issues in Economic Development Plans. The PLAs tação/ Local Adaptation PLA is a voluntary instrument that can be used by Mu- Plans nicipalities for better planning and funding purposes. (NOTE: Some PLAs were designed incorporating NBS, e.g. Quelimane) 3.4 COMPARISON OF SECTOR LEGISLATION The revision of laws and regulations makes clear that NBS is not considered or defined specifically as part of the risk reduction measures. Environmental conservation, land use management and water resource management (incl. flood protection) are generally treated as separate objectives. Coordina- tion between institutions and sectors and an integrative resource management is mentioned in many regulations, though without clear definition of responsibilities and what is comprised by and integrative planning and management. For NBS relevant cross-cutting issues which appear in all of the three sector policies (environment, land, water) and more recent regulations are disaster risk reduction (DRR) and climate change adap- tation (CCA)/ resilience. At the same time, the focus on these issues by all sectors seem to create a disorientation regarding sector responsibilities, as further described under section 0. 3.4.1 Protection zones What is most critical for green and hybrid food protection solutions in below legislation regards the definition of protection zones and disaster risk zones and the regulations on their use. The Land Law (N° 19/97) defines total protection zones as areas designated for conservation and nature preserva- tion activities or for the state defense and security. Partial protection zones are defined by the same law, complemented by Decree 45/2006, as: • land strips 100m from the sea or bay, 100m from a water spring, 250m from a dam and 50m from waterways • land occupied by railways • riverbeds, territorial waters, continental shelf and exclusive economic zones For total protection zones, no land use rights can be given and only activities are allowed that are related to nature conservation (or state defense). Partial protection zones also cannot be subject to land use rights, merely licenses are provided for specific activities comprising basic infrastructure (water supply, waste water drainage, electricity, telephone cables, solid waste and removable small construction) and public infrastructure of national interest (ports, streets, railroads, etc.). In urban areas both types of protection zones can exist, although the total protection zone (Reserva Municipal) is not used so far. It is to point out that protection zones only include wetlands adjacent to the coast or a river (e.g. mangrove wetlands). Interior wetlands do not have this protection status, if Enabling Environment 20 3. POLICY FRAMEWORK not defined as a conservation area or as a wetland of international importance under the Ramsar Convention. While the Environmental Law generally prohibits the degradation of wetlands, the defini- tion of a wetland particularly in an urban context is not always clear in practice. 3.4.2 Disaster risk management The regulatory framework for disaster management, incl. the Disaster Management Law, the Regulation of the law, the Disaster Risk Management Master Plan 2017-2030, among others, provides technical and political guidance to local institutions and bodies on the need to build disaster-resilient infrastruc- tures and at the same time to promote the use of new equipment and technologies suitable for disaster prevention and mitigation, as well as to raise awareness of the transformation of risk areas into safe areas. While the relevance of green / blue infrastructure solutions for flood and erosion protection is not explicitly stated, they respond perfectly to these objectives. The significance of mapping disaster risk zones is defined in various laws and policies, most prominently in the Disaster Management Law N° 15/2014. Also the PQG promotes the mapping of all risk types in communities exposed to hazards, while the National Water Policy foresees the zoning of floodplains as a measure of reducing flood risks. Disaster risk zones are not equal to protected areas, while the legislation is conflicting in whether land use rights can be obtained for infrastructure construction or not. The Law n° 15/2014 states that any construction is obliged to use technologies that respond to the increased risks in the area. Furthermore, all buildings in high risk areas must be fenced and all disaster risk areas in general must show a sign prohibiting construction and habitation. On the other hand, the more recent Decree n° 7/2016 generally prohibits all construction, which is considered the current standard. The disaster management legislation is unclear if the government has an obligation to develop high risk areas into safe areas. On the one side it requests the installation of basic infrastructure in low risk areas to attract permanent settlement. On the other side it defines that it is the right of residents in risk zones to benefit from risk reduction measures. Overall, the legislation does not mention the development of green / blue infrastructure in risk zones as a way to prevent or reduce disaster risks. Only in regard to resettlement objectives, a component on reforestation exists, but rather as compensation and not as a protection measure against flooding and erosion events. 3.4.3 Flood protection A different focus of flood protection can be found in each sector policy, which also shows the different mandates of sector institutions. The Water Policy generally looks at good water management, priori- tizing the protection against floods in urban areas by dikes and urban planning. The National Urban Water and Sanitation Strategy 2011-2025 concentrates on the improvement of the primary rainwater drainage systems where flooding and erosion provoke the most critical situations, while interventions in the secondary and tertiary drainage system are subject to land occupation and improvements of the road network. On the other hand, the environmental, land use and disaster management legislation mainly respond to flood protection through the definition of partial protection or disaster risk zones. The environmental legislation further looks into the prevention of pollution, regulating the deposit of solid or toxic waste to the soil, water and atmosphere with Municipalities having to submit a Solid Waste Management Plan to MTA. The legal framework does not specifically address the implementation of NBS (green / blue infrastruc- tures) for flood protection, although the Water Policy refers to the protection of ecosystems to reduce the effects of floods. 3.4.4 Erosion protection Enabling Environment 21 3. POLICY FRAMEWORK The topic of erosion protection is mainly treated by the environmental, land use and disaster manage- ment legislation. The Environmental legislation foresees a prohibition of activities and infrastructure that accelerate erosion; it promotes the protection and/ or recovery of degraded areas in fragile ecosystems by reforestation and defines coastal management practices and prohibitions. The land use legislation also promotes the requalification of degraded areas. The INDC presents the reduction of soil degradation and promotion of trees planting as a measure. Again, erosion protection is also envisaged through the mapping of disaster risk zones to be included in land use plans and through specific regulations for construction. Accordingly, the legal framework for erosion protection shows that there is already a focus on nature- based solutions. This is not unexpected, considering that responsibilities fall mainly under MTA’s man- date. Enabling Environment 22 4. INSTITUTIONAL FRAMEWORK 4 INSTITUTIONAL FRAMEWORK The assessment of the legal framework already showed certain responsibilities of sectors, when it comes to the provision of legal norms and policies for the planning and implementation of flood and erosion protection measures. Accordingly, sector ministries and sub-national government institutions hold specific mandates that define their responsibilities and framework of action. To gain a general idea on those mandates for each sector Annex 4 shows an overview by the GoM where the areas of interest for (nature-based) flood and erosion protection are highlighted. Figure 4-1 provides a map of all key institutions at the different administrative levels, which have a mandate in the elaboration and implementation of policies and local level measures in regard to nature based flood and erosion management. The following sections will concentrate on these key institutions, assessing their specific mandates, coordination mechanisms as well as gaps and potentials. Figure 4-1: Institutional map for nature based flood and erosion protection 4.1 INSTITUTIONAL ASSESSMENT 4.1.1 MTA – Ministry of Land and Environment MTA’s primary mandate is to promote the country's sustainable development through the implementa- tion of the country's environmental policy, comprising the Environmental Strategy for Sustainable De- velopment and the Climate Change Strategy with its adaptation plans. Its main activities are intersectoral coordination, research, planning and environmental management in conjunction with land-use planning and resettlement, supported by promotion, education and environmental dissemination, as well as in- spection and supervision activities. In this context, it emerges as a policy enabler in these areas and as a focal point and coordinator of land degradation actions, as well as a national focal point for UN con- ventions to combat land degradation and promote climate change adaptation. MTA, through the National Environment Directorate (DINAB), is mandated to promote techniques and initiatives to reduce land degradation and mobilize funds for the implementation of these initiatives. For example, in 2014, it organized a national conference to discuss land degradation in Mozambique. In the same period, under the coordination of Eduardo Mondlane University (UEM), with the involvement of the Engineering Laboratory, the Soil Sciences Department, construction companies and the Catholic Enabling Environment 23 4. INSTITUTIONAL FRAMEWORK University of Mozambique (UCM), MTA conducted a study on the various methodologies to reduce soil degradation. From these studies, the erosion agents that occurred in Mozambique were studied, as well as the geotechnical, bathymetry and soil typology, the viability of the intervention plus the cost-benefit of interventions, mapping the most critical areas of erosion and drawing awareness of the risks to this exposure. In spite of all these efforts, there is an institutional recognition of limited technical capacity to apply green infrastructure solutions in the planning of projects aimed at land degradation. In most of their interventions the recommendations for the implementation of methods to reduce land degradation have been based on the application of conventional engineering methods. The National Directorate of Land Management and Resettlement, DINOTER, promotes the devel- opment and implementation of land-use planning instruments. It mobilizes partners for the financing and implementation of these initiatives and provides technical assistance, leaving the implementation to the institutions with the relevant mandate. In the last five years, with the aim of making the Urban Structural Plans more sustainable, the issue of adaptation to climate change has been introduced at all stages of the elaboration and implementation of these instruments, and for this, DINOTER has the technical sup- port of DNAB. According to the representative interviewed by the Consultant, one of the biggest challenges in terms of legislation, which guides the institution in the execution of its activities, focuses on the fact that the Environmental Law, produced over 20 years, does not respond to the current challenges and needs a revision. In order to overcome obstacles regarding legislative gaps and for better guidance on the im- plementation of green / blue infrastructures, a proposal was made to use existing working groups or set up a new coordination mechanism to deal with these issues. At the same time, MTA should be involved more actively in the planning process of relevant projects. The other challenge in the implementation of green/ blue infrastructure solutions, according to the representative, is related to the lack of technical capacity at local level, with municipalities failing to comply with the structure plans elaborated by/with MTA. While the elaboration of these plans is done in coordination between MTA and the Municipalities, their implementation is of full responsibility of the Municipal Councils. One of the great challenges in providing follow up and continuity also has to do with the mobility of cadres on both sides. With respect to coordination between MTA and municipalities, MTA provides technical assistance in the elaboration of urban structure plans and municipal management, as well as support in partnerships for the implementation of electoral manifests and priority setting, i.e. DINOTER elaborates the technical opinion of conformity of the instruments of territorial planning elaborated by the municipalities before their submission to and ratification by MAEFP, while MTA only supports the elaboration of these plans if the municipalities find themselves incapable to elaborate them alone. The National Fund for Sustainable Development, FNDS, surged from the need for the adoption of sustainable development models in order to finance programs and projects that guarantee sustainable, harmonious and inclusive development meeting the Sustainable Development Goals (SDGs). The FNDS is supervised sectorally by MTA and financially by the Ministry of Finance. The FNDS works in all areas that contribute to a sustainable, integrated and harmonious development of the country, with special focus on areas such as (i) Environment, (ii) Forests, (iii) Land, (iv) Climate Change, (v) Territorial Planning, (vi) Conservation, amongst others. The FNDS was created with the vision of 2030 to be a national and international reference in promoting sustainable initiatives that lead to structural changes in the rural productive base. Although it is more oriented towards rural development, the FNDS can coordinate / finance any initiative in the field of sus- tainable development within the country. Examples include the Landfill Project for the Cities of Maputo and Matola, the Land Management Project and the ‘Projecto Sustenta’. In regard to the enabling environment for nature-based flood and erosion protection, the FNDS can provide support for (i) the management of financial resources of the relevant international Conventions (ii) mobilizing resources bilaterally and multilaterally for the implementation of sustainable development activities, (iii) financing projects of environmental management, climate change adaptation and Enabling Environment 24 4. INSTITUTIONAL FRAMEWORK mitigation, sustainable forest management, biodiversity conservation, land management and land use planning and (iv) the financing of institutional development activities. The FNDS is the focal point of the Green Climate Fund and the Green Environment Facility, with the responsibility of mobilizing resources at the national and international levels. The National Agency for Environmental Quality Control, AQUA, created by Decree nº80 / 2010 and modified by Decree nº2 / 2016, is a governmental institution supervised MTA . AQUA is responsible for (i) supervising the land use, the implementation of land management tools for the exploitation of forests and environmental quality control; (ii) the development of environmental pollution surveys and the inter- pretation of environmental data; and (iii) the adoption and implementation of measures that improve environment research, monitoring and quality control. In the field of environmental quality audit and control, AQUA is responsible for proposing measures to prevent and mitigate environmental impacts and ensure compliance with the implementation of environmental management standards and proce- dures. Overall, MTA is seen as a crucial player in the upscaling of nature-based flood and erosion protection and in providing guidelines to other sectors and Municipalities. It has the mandate to provide technical support and advice in the urban planning through DINOTER, to finance initiatives through the FNDS and to control the implementation of environmental standards and land use plans through AQUA. While in practice the Consultant sees the link between Municipalities and MTA as more sporadic, concentrated on specific initiatives and environmental licenses, an improved coordination in the elaboration of land use plans and a supportive involvement by DINOTER and AQUA would be beneficial for the improve- ment of municipal services in general and specifically in the planning and implementation of NBS for flood and erosion protection. 4.1.2 MOPHRH – Ministry of Public Works, Housing and Water Resources MOPHRH has the mandate to manage water resources (through DNGRH), waste water (through DNAAS), as well as for the prevention and mitigation of the impacts of floods and droughts. It is respon- sible for the elaboration and implementation of policies and strategies for the use of the national water resources and for the expansion and improvement of water supply and sanitation services, as well as defining the regime for the design, execution and supervision of public works. The MOPHRH is represented at the provincial level by its provincial delegations and at the district level by the District Planning and Infrastructure Services. Given the magnitude of this ministry, combined with the complexity of its areas of action, there is strong technical capacity with skills and qualifications to master its activities, however, there is limited awareness, guidance and technical capacity to implement nature-based solutions. In the field of public works and management of water resources, there are similar mandates with the municipalities but differing in their areas of coverage, there is also an overlap of instruments of the National / Provincial Directorate of Urbanism and Housing with those of the Municipalities regarding contingency plans, urbanization plans and local adaptation plans, but in many cases without harmoni- zation. The National Directorate for Water Supply and Sanitation, DNAAS, is an institution supervised by the MOPHRH, responsible for aspects related to national policies and strategies for expansion and im- provement of water supply and sanitation systems and promotion and mobilization of resources for its implementation. Its functions are to (i) Propose and ensure the implementation of policies, strategies, standards, regulations and technical specifications for water supply and sanitation, as well as water supply and sanitation programs; (ii) Promote investments for the construction, maintenance and expan- sion of water supply and sanitation infrastructures, (iii) Elaborate rainwater drainage standards in rural and urban settlements, and monitor their compliance; (iv) Ensure a balance in access to water supply and sanitation services; (v) Encourage the participation of the private sector in the provision of water and sanitation services, including public-private partnerships, (vi) Harmonize plans and actions to en- sure universal access to water and sanitation; (vii) Provide technical and methodological support to local governments and (viii) Update and disseminate strategies for water supply and sanitation. Enabling Environment 25 4. INSTITUTIONAL FRAMEWORK The management of sanitation services is the responsibility of local authorities, DNAAS promoting the creation of autonomous sanitation units, such as EMUSA in Quelimane. It is further the responsibility of DNAAS to ensure adequate technical and financial assistance and to monitor and follow up on the implementation of local water, sanitation and drainage initiatives. The National Directorate for Water Resource Management, DNGRH, has the mandate to: (i) Propose policies and strategies for the development, conservation and use of water resources in the river basins, (ii) Promote investments for the construction, maintenance and expansion of infrastructure for the man- agement, protection and retention of water, (iii) Drafting legislation and the regulatory framework on water resources, monitoring and enforcement thereof, and (iv) Propose the definition of protection zones and areas prone to floods and droughts, among others. In regard to the latter DNGRH can also propose relevant structural and non-structural protection measures, however their implementation in rural and urban areas is under the responsibility of DNAAS. The Water Supply Regulatory Council, CRA, was constituted as an entity of public law with legal capacity and administrative, financial and patrimonial autonomy. CRA is responsible for ensuring a bal- ance between the quality of water supply and sanitation services provided, the interests of users and the economic sustainability of water supply through economic regulation. This means that CRA performs functions of regulating public water distribution and wastewater drainage systems according to their specific technical conditions and management. CRA is also responsible to regulate the autonomous sanitation systems, implemented through the local agents CORAL who are appointed with the local authorities. While Municipalities with autonomous san- itation services receive regulatory standards through CRA (within a regulatory framework), those Mu- nicipalities without such entities may still consult CRA without binding regulations. The CORALs report monthly to CRA and the Municipalities on the performance and activity of local operators. The National Water and Sanitation Administration, AIAS, holds the mandate to manage the assets of the secondary public water distribution and wastewater as well as stormwater drainage systems and to promote the participation of the private sector in the management of water supply and sanitation systems. AIAS is responsible for the planning and implementation of drainage infrastructures in municipalities, with the role of procuring the design and construction of primary and secondary drainage channels and handing over the management to municipal bodies. Despite its large team of specialized technicians at the central level, the institution recognizes that still little in-house expertise exists on the use of nature- based solutions for the construction of drainage ditches and other floods and erosion protection measures. Most of its technicians are engineers in the field of conventional hydraulic engineering, with- out much experience in implementing projects based on natural solutions. In terms of coordination with municipal structures, there is a strong link between this institution and the municipalities, AIAS being responsible for the implementation of water and sanitation investments and providing related technical assistance to municipalities. AIAS was selected as the implementing institution of the Cities and Climate Change project financed by the World Bank, under which it is implementing a variety of projects the projects, including conventional and hybrid drainage infrastructure. It is in this role and with growing know-how that AIAS is becoming the lead national institution in the promotion of nature-based flood protection solutions. One of the great challenges verified by AIAS in the implementation of nature based/ hybrid solutions relates to the complexity of the projects, especially in regard to balancing environmental and social impacts with engineered solutions. In this regard, national and project-specific local level coordination with MTA and INGC would present an option to improve these aspects and provide feedback and develop a coherent approach for NBS at the national level. In summary, the DNAAS, CRA and due to its experience particularly AIAS are important institutions in regulating and supporting the planning and implementation of urban flood protection infrastructure in terms of storm water drainage systems. Currently, new drainage standards are being developed by these institutions with involvement of other sectors. While the Consultant has no information on the Enabling Environment 26 4. INSTITUTIONAL FRAMEWORK relevance of NBS for these new standards this process presents a good opportunity to promote and guide the use of green or blue drainage infrastructure. 4.1.3 MAEFP – Ministry of State Administration and Civil Service The MAEFP constitutes the guiding institution of the decentralization process, for the support, the ad- ministrative supervision and development of the local public administration. It is the only national Ministry having a direct link to all Municipalities and providing technical assistance to as well as monitoring the Municipal Councils. While legally, the MAEFP also holds the mandate to coordinate all Disaster Risk Management activities, these competencies are fully transferred to the INGC. The role of MAEFP includes: (i) Implementing and directing the development process of local authorities, (ii) Developing and implementing standards on the attributions, competencies and structuring of local government, (iii) Providing technical assistance to local authority bodies; and (iv) Promoting the training of municipal officials in administration. It is furthermore the responsibility of the MAEFP to ratify all plans / instruments of territorial planning (Plano de Estrutura Urbana, Plano Geral de Urbanização, Plano Parcial de Urbanização, Plano de Pormenor), except for their financial part. The approval of these plans is preceded by a technical opinion of compliance, issued by the National Directorate of Autarchic Development (DNDA), which together with the municipalities, has the role of supervising technical implementation of laws. The National Directorate of Autonomous Development, DNDA, is one of the MAEFP’s organizational units and has the responsibility of: (i) Preparing the administrative acts of the Minister, within the scope of administrative protection over local authorities; (ii) Preparing proposals for norms on the functioning of local authorities; (iii) Providing technical assistance to local authority bodies; (iv) Planning actions for the implementation of local authorities; and (v) Carrying out orientation studies for the municipalities in the scope of municipal strategic planning and vision of the autarchic and urban development in a long- term perspective. DNDA’s Department of Local Government Development assists in the elaboration and ratification of the development plans, land use plans and personnel of local authorities. For the promotion of nature-based flood and erosion protection, urban plans play a crucial role, so that MAEFP/DNDA should also be involved in discussions on its upscaling. Nevertheless, the technical ad- vice on the inclusion of NBS is seen more under the mandate of MTA during the elaboration of such plans. 4.1.4 INGC – National Institute of Disaster Risk Management INGC is the national institution responsible for disaster risk management, mandated to coordinate all actions for disaster prevention, mitigation, response, post-disaster rehabilitation and the development of arid and semi-arid zones. Its activities are focused on (i) coordinating emergency actions, creating a culture of disaster prevention, defining legal norms on prevention, protection of human lives and the reuse of arid and semi-arid areas; (ii) coordinating actions for the resettlement of populations living in disasters; (iii) multisector coordination between emergency response bodies and institutions; and (iv) disaster management coordination, rescue and other measures to minimize adverse effects and reestablish normality. With the approval of the new normative and legislative framework in recent years, INGC's focus has moved towards disaster risk management instead of concentrating only on disaster response. Assuming transversality of disaster risk reduction, INGC strives to coordinate with all stakeholders in the area of disaster management, whether government institutions, private sector, NGOs, humanitarian staff, aca- demia, or civil society organizations. One of INGC's roles is to promote training courses in disaster management for public, private and other entities, especially at the local level. The Government of Mozambique has approved the legislation on buildings and other works to make them more resilient to the impacts of floods, cyclones, fires, among others. Furthermore, provincial governments and local authorities are responsible to define disaster risk Enabling Environment 27 4. INSTITUTIONAL FRAMEWORK zones in coordination with INGC, where construction of infrastructure is limited to those applying appro- priate building technologies. There is an effort by INGC to increasingly integrate disaster risk reduction into municipal development plans, what started with the creation and training of Emergency Operation Centers (COE). In 2018 INGC in partnership with USAID through the Climate Change Adaptation Program (CCAP) created the COEs of the Municipalities of Pemba, Nacala and Quelimane and strengthened their coordination capacity ensuring operational readiness in the event of a disaster. Furthermore, the INGC with the United Nations Development Program (UNDP) provided technical assistance to the Provinces of Gaza, Nampula and Cabo Delegado to guide the integration of DRR in the local development plans. 4.1.5 ARAs – Regional Water Administrations The ARAs are regional institutions under the administration of the MOPHRH, holding the mandate to manage river basins in a sustainable way, controlling the levels and flows and providing water use rights. They also propose the definition of protection zones according to the law. The regional ARAs are supposed to include Municipalities in the management of river basins, in order to improve the quality of water and increase the benefits of sustainable water management for the urban population. Although the institution recognizes that it has no role in implementing nature-based solutions which is out of their mandate, ARAs are a source of data and can support the implementation of measures related to river basins. 4.1.6 Municipal Councils The Municipal Councils are the local autonomous governments, with a locally elected Mayor and Mu- nicipal Assembly. Their mandate comprises the management of the urban space in the construction sector (Housing, roads, drainage, sanitation), transport, environment - including green spaces, beaches, solid waste management - among others (see Annex 4). Municipal Councils have an administrative and financial autonomy. Due to a variety of factors, there is however a low capacity of Municipalities generating sufficient own revenues to cover their expenses. Therefore, state transfers of an average 65% constitute the municipal budgets. This lack of funds has serious implications on the quality of public services, when it comes to the availability of qualified staff (and staff turnover) and the financial capacities to invest, operate and maintain urban infrastructure. The main responsibilities of Municipalities – when looking at NBS for flood and erosion protection – include the urban planning and land use management (incl. elaboration and implementation of urban plans and sanitation master plans), infrastructure management (particularly drainage and coastal pro- tection) as well as environmental management. Land use plans as well as sanitation master plans should identify protection zones and disaster risk zones, defining the relevant conditions and interven- tions for the development of these areas. Nature-based solutions can and should be considered in these plans in order to improve degraded areas and transform risk areas into safe areas, where appropriate. According to a representative of DNDA, the great challenge that municipalities face in regard to an appropriate urban planning is related to lack of funds, limited technical capacity and weak interpretation of the laws, which means that many urban plans are not approved. Municipalities often contract consult- ing services for the elaboration of spatial planning instruments. In that progress, the required interaction with MTA is mostly disregarded with the risk that plans are not approved by MAEFP. Autonomous municipal sanitation services, where existent, are the entities responsible for the im- provement, operation and maintenance of waste water drainage as well as storm water drainage sys- tems. They may also, as is the case with EMUSA in in Quelimane, be in charge of the solid waste collection, amongst other activities (see organigram of EMUSA in ANNEX 5). These services could use NBS for small-scale drainage measures. At the same time, they are the entities to be capacitated when working with larger investments into green or blue infrastructure, looking at the experience of the Chiveve rehabilitation in Beira. Enabling Environment 28 4. INSTITUTIONAL FRAMEWORK In general, limited financial and human resources are posing major challenges for municipalities to de- liver public services of good quality and to comply with their urban plans. In the area of flood prevention, larger investments for the rehabilitation of primary and secondary drainage channels are therefore only viable through the national level. Also, for erosion reduction, investments for sea groynes and other conventional infrastructure require national level or international funding. In order for Municipalities to be able to plan improvements of their public infrastructure in a consistent and financially viable way, nature-based solutions can present a good alternative. The municipalities of Quelimane and Nampula in recent years had benefited from small projects to im- plement NBS for flood and erosion protection. The Municipality of Quelimane created the municipal sanitation company EMUSA, an autonomous company that also takes care of green infrastructures and manages related projects, dealing with the afforestation of the city. In partnership with NGOs, DPTA and universities EMUSA is engaged in the reforestation of mangroves. In return, the company benefited from a USAID-funded project to implement green infrastructure for flood and erosion protection. In the Mu- nicipality of Nacala-Porto, two units were established: the Environmental Management, Water and San- itation Service and the Service of Arborization and Gardening, for the production of nursery plants. These initiatives were funded by the Government of Finland and aimed at developing skills in dealing with erosion, environmental management, nursery production (> 500,000 plants per year) and environ- mental education. Despite the existing experience in implementing projects of this nature at local level, the two municipal- ities show limited ability to mobilize funds, possibly due to their weak capacity to prepare technical and financial proposals. For example, given the high levels of erosion that exist in some parts of the city of Nacala-Porto, private-sector companies expressed an interest in financing erosion control projects to minimize the impacts this situation has on their properties. However, no project has yet been submitted and there is continuous land degradation in these areas. Asked about possible conflicts of mandates in the implementation of this type of measures, representa- tives from both municipalities stated that the planning and implementation was done in coordination with national and provincial institutions, i.e. DPTA , MOPHRH, INGC as well as the SDPI. On the other hand, they point out that intergovernmental coordination generally is a challenge, having no clear coordination mechanisms set out. One of the tools used as a guideline for implementation of green / blue infrastructure are the local ad- aptation plans (PLA), which define strategic actions. The PLA is guided by the National Strategy for Adaptation and Mitigation of Climate Change, coordinated by MTA / DPTA , with the participation of a multi-sectorial government team, made up of DPOPHRH, MTA , INGC, local universities and coopera- tion partners. It should be noted that there is no obligation for municipalities and local and central bodies of the State to establish partnerships, it is up to both to reach this consensus and establish such partnerships to better pursue the public interest. 4.2 INTER-INSTITUTIONAL COORDINATION Having touched already some of the existing and lacking coordination mechanisms in the previous sec- tion, the following shall provide an overview of the inter-institutional coordination and how this is relevant for upscaling NBS, guaranteeing a consistent approach, quality control and support. Environmental protection, climate change adaptation and disaster risk reduction are considered cross- cutting issues. In consequence, many institutions include specific objectives and measures in their pol- icies, plans and actions. In Mozambique, MTA is the coordinating institution of environment affairs and climate change adaptation, while INGC is the coordinating institution for disaster risk management. The above assessment showed that also the water sector is active in regard to flood risk reduction, being DNAAS and AIAS with its mandate for improving urban drainage. At local level, Municipalities have autonomy and with it come mandates that cover all areas from environmental protection, land use Enabling Environment 29 4. INSTITUTIONAL FRAMEWORK management, climate change adaptation and disaster risk reduction and urban infrastructure (incl. drain- age). This variety of institutions demands good coordination to allow the application of high-quality ap- proaches, continuity and a joint learning process. There is an institutional awareness of the existence of gaps in the co-ordination of DRR-related activities, incl. flood and erosion protection, attributed to the fact that many sector policies and programs include DRR but are elaborated and implemented only by the corresponding sector. According to an INGC representative, there is weak bilateral cooperation and inter-institutional coordination on certain initia- tives. In regard to the use of NBS, the interviewee sees a lack of experience in using green / blue infrastructures. The coordination with Municipalities in this context is mostly related to the elaboration of urban plans and the regulation of water infrastructure, besides the financing or specific technical support of local initiatives. Nevertheless, inter-institutional groups exist who address topics of climate change adaptation/resilience, disaster risk reduction and more specifically flood protection. Their objectives, memberships and func- tioning are presented below. 4.2.1 CONDES The key entity for the coordination of environmental and climate change policies and activities is CON- DES, a multi-sectoral technical council chaired by the Prime Minister, represented by MTA, MEF, MADER , MISAU, MIC, MTC, MOPHRH, MMAIP, MIREME and MICTUR. The secretariat of CONDES is under MTA 's responsibility and funds for its operation go through MTA. CONDES has a Technical Council (TC-CONDES) composed of technical staff from the ministries mentioned above, the private sector and representatives of NGOs whose mandate is to provide technical advice. In 2011, the government created an Inter-Institutional Group for Climate Change (GIIMC) under the supervision of the CONDES secretariat to provide advice and recommendations specifically on issues related to climate change. The GIIMC is represented in the CONDES Technical Council and in many cases the same technical personnel participate in CT-CONDES and GIIMC. In 2012, the government approved the National Strategy for Adaptation and Mitigation of Climate Change (ENAMMC), which is mandated to create new institutions. This included the creation of the Climate Change Unit (UMC) located in the CONDES Secretariat since 2013. ENAMMC also recom- mended the creation of the Council on Knowledge Management on Climate Change (CGCMC) which is located in the Ministry of Science and Technology, Higher and Vocational Education (MCTESTP). The main reason for creating these two institutions is that there were no dedicated and specialized units to oversee the coordination of climate change interventions or to document or disseminate climate knowledge. The GIIMC created in 2011 is only an inter-institutional advisory body. The UMC is techni- cally advised by the GIIMC, CGCMC, CONDES and CT-CONDES and additionally by INGC’s Technical Council for Disaster Management (CTGC). UMC therefore presents a key coordination unit for upscaling nature-based flood and erosion protection measures. Enabling Environment 30 4. INSTITUTIONAL FRAMEWORK Figure 4-2: Climate change institutional architecture (Source: Artur&Tellam, 2013, based on Micoa, 2012) Although institutions for climate change coordination were established, the institutional articulation and the legal framework are still pointed out as barriers to the effective implementation of policies, programs and strategies. In particular, the "extinct" CONDES and FUNAB, today FNDS, whose statutes have been recently adjusted, still need to be operationalized to fulfill their new functions related to the coordination and financial management of climate change funds. In an attempt to overcome these challenges, the MTA through DINAB presented a proposal to restruc- ture the functioning of the institutional climate change framework (Figure 4-3). This proposal has been submitted to the Council of Ministers in October 2018. Figure 4-3: New institutional Climate Change Coordination Arrangement (proposal submitted to Council of Ministers) Enabling Environment 31 4. INSTITUTIONAL FRAMEWORK The major difference between this proposal and the previous set-up is as follows: 1. CONDES and CT-CONDES are now chaired by the Minister of MTA , all documents going to the Council of Ministers first passing through CONDES. The CT-CONDES serves to prepare the documentation that is taken to the Council of Ministers. 2. A mechanism to Measure, Report and Verify (MRV) is established that allows collecting infor- mation on each thematic area to analyze the compliance of commitments. 3. In the mitigation component, 4 thematic areas are created with the aim of designing and imple- menting projects, coordinated by the key sectors: energy (by MIREME); industrial processes (MIC), agriculture, forestry, land use and waste. Previously this process was led by the former MICOA (current MTA) with challenges in collecting sectoral data. 4. In the adaptation component, 9 thematic areas were created; (I) Adaptation of climate risks, (ii) Climate risk reduction, (iii) Water resources, (iv) Agriculture, Fishing, Food Security and Nutri- tion, (v) Social protection, (vi) Health, (vii ) Biodiversity (viii) Forests and (ix) Infrastructure All sectors must report on their commitments in the implementation of adaptation actions for the period from 2020 to 2025. The Knowledge Management Center on Climate Change (CGCMC) is an institution to be created and hosted in the Mozambique Academy of Sciences of the MCT, based on the existing entities and thematic groups, with the aim to collect and disseminate the knowledge of the different institutions. The CGCMC is also responsible for quality assurance of national proposals prepared for the mobilization of climate funds. The Center will operate through the Climate Change Network consisting thematic areas such as: coastal areas, fishing and tourism; climatic modeling; communities and local knowledge; water re- sources; biodiversity and ecosystems. 4.2.2 Technical Council for Disaster Management (CTGC) The CTGC is chaired by the General Director of the INGC and is composed by the National Directors from the relevant sectors, appointed by the Ministers who are members of the Disaster Management Coordination Council (CCGC). The CTGC’s main responsibility is to coordinate the sector’s alert and early warning systems on the imminence of hydrometrics, geological, epidemic and food security disas- ters and ensure the multi-sector implementation of different plans within aiming at reducing the vulner- ability to and risk of disasters (Figure 4-4). Figure 4-4: Disaster Management Coordination Mechanism (Source: INGC) Enabling Environment 32 4. INSTITUTIONAL FRAMEWORK This structure is replicated at the provincial, district and it is being disseminated to municipality (Recently created in Pemba, Quelimane and Nacala) levels where the technical councils report to the Provincial Governor, district administrators and municipality mayors respectively. The CTGC meets ordinarily once a month and extraordinarily whenever the INGC’s General Director convenes it. Representatives from the cooperation partners, HCT, civil society and the private sector may be invited to the CTGC meetings. 4.2.3 Water and Sanitation Coordination Mechanisms The National Water Council (CNA, Conselho Nacional de Águas) was created through the Water Law of 1991 and Decree nº 25/91, foreseeing it as the main coordination mechanism in regard to water management. It was founded as an advisory commission related to water management and water policy implementation consisting of the MOPHRH, MADER , MIC, MIREME, MINEC, MAEFP, MISAU and MTA . In that regard, the CNA is mainly responsible to guide the preparation of policies, for which it may create special working groups. There are no regular meetings of the CNA and accordingly it is not active on a continuous basis. For this reason, it cannot be understood as an overall coordination mech- anism of water and sanitation activities. For the enabling environment of NBS, it is only of relevance in the actual policy making process. A working group of interest is the Multisector Sanitation Group, led by MOPHRH, composed by MINEDH, MISAU, MTA , MAEFP, MICTUR, MEF, Municipalities and cooperation partners (UNICEF, World Bank, Water Aid and WSUP). Created in 2011, this mechanism aims to guarantee the implemen- tation of the National Campaign on Environmental Sanitation and Hygiene Promotion (CNSMPH) and to represent the country and follow up the decisions reached in international commitments related to water and sanitation issues. The meetings of the group are held in a rotating way among the institutions involved, as a means of guaranteeing the commitment of all. It is the responsibility of the members of the Multisector Sanitation Group to ensure the implementation and monitoring of the following priorities: (i) Improve the institutional framework and strengthen national and local institutions in implementing multisector sanitation programs – MAEFP and MEF responsible, and (ii) Accelerate the provision and sustainability of sanitation services - MOPHRH, MISAU, MINEDH and MTA The Subsector Water and Sanitation Group (GAS), chaired by DNAAS, was created with the aim of providing a forum for consultation to reach the water and sanitation goals in the country expressed in the Government's Five-Year Plan (PQG) and the Sustainable Development Goals (SDG). GAS is made up of representatives of the Government (at national and provincial level), municipalities Provincial Di- rectorates of Public Works and Water Resources, representatives of potential water / sanitation partners / donors, qualified professionals, to provide support and actively participate in group meetings. WaterAid assumes the role of Secretary of the Group, meeting the last Friday of each month, the venue changing among the Group members. The convocation, agenda and discussion papers are usually sent to mem- bers 7 days in advance of each meeting date. Each year a national meeting is held and the Group is encouraged to hold these meetings in the provinces in line with the technical visits proposed in the annual activity plans, in order to share the experiences between the national, regional and municipal levels, as well as collect evidence on the effective implementation of the policies and programs of the sector in these regions. 4.2.4 Other Multisector Working Groups Other coordination mechanisms exist at national level that can contribute in a certain way to a favorable environment for nature-based flood and erosion protection solutions. UN Conventions working groups have been set up, as mentioned under 4.1.1. Although these groups have already been reduced and transformed into only 3 groups, their communication and coordination remain a great challenge. According to our interviewees, the only group that still functions is the climate change group, even though it is not meeting periodically. The Consultant has been informed that the biggest challenge is the lack of funds to carry out group meetings, so they only meet when there is a specific issue that needs to be addressed. In a systematic way, the climate change group, for example, meets in preparation for international conferences (COP, Pre-COPs). At other times, it may meet in ad- Enabling Environment 33 4. INSTITUTIONAL FRAMEWORK hoc ways to resolve matters within its mandate. The other groups end up joining the group to access the funds that may exist in the climate change group. A coordination mechanism which may have relevance in some cases is the multi-sectoral technical committee to monitor and supervise the resettlement at national level, which was set up in view of the need to operationalize resettlement processes resulting from economic activities, under Decree No. 31/2012 of 08 August. It consists of two members of MTA , a member of the MAEFP, a member of MOPHRH and a member of MADER . At the provincial level, this commission is made up of the prov- inces that oversee the areas of: land management (DPTA), Public Works (DPOPHRH), agriculture (DPADER ) and Social Action (DPGCAS) and at the district level, District Planning and Infrastructure Department (SDPI), Director of District Services for Economic Activities (SDAE), Director of Health and Social Services, representatives of the population, a representative of civil society, the private sector and community leaders. Whenever the need to involve a key sector is justified, representatives of other sectors, specialists or individuals of recognized merit may be invited to discuss the work of this commit- tee. This committee meets monthly at the committee's headquarters. 4.2.5 Relevance of existing coordination mechanisms When looking at the practice of implementing nature based or conventional flood and erosion protection measures in Mozambique, the above coordination mechanisms are so far not involved. One example is the Green Urban Infrastructure Project in Beira, implemented by AIAS and coordinated with the Munic- ipal Council of Beira. AIAS is not a permanent member of the above working groups, while it is a key institution for the implementation of (nature based) flood protection measures. While information on the Chiveve/ Green Urban Infrastructure Project in Beira may have reached inter-institutional coordination and working groups, the planning and implementation of the project only involved the main project stake- holders. Activities and experiences by AIAS would thus need to be channeled through MOPHRH at national level or the DPOPHRH at provincial level. At the same time, Municipalities are often not represented in national coordination mechanisms. There is local knowledge on social, economic, environmental and administrative challenges and possible so- lutions in regard to the implementation and operation of conventional and partly also nature-based flood and erosion protection that needs to be channeled to the national policy-making level. For the sanitation sector, the two working groups GAS and the Multisector Sanitation Group are platforms where Munici- palities participate and can contribute or request support in regard to flood protection. Looking at nature-based flood and erosion protection, there is no functioning coordination mechanism in place so far to discuss this topic amongst all sectors. CONDES – once revitalized – would present this opportunity. However, at the moment, only the two sanitation working groups were identified, provid- ing the advantage of having a large range of institutions from policy making and implementation level. Nonetheless, the Consultant found that there is competition over limited resources among some institu- tions, resource constraints, high staff turnover and a general lack of human resources. The context of ‘overspecialized’ coordination at national level and only project-specific vertical coordination between national and local level is generally not providing an environment of mutual learning and strategic policy making. In order to enable the upscaling of NBS, it will be necessary to involve key institutions from all levels to discuss the most appropriate communication and coordination strategy. Enabling Environment 34 5. GAP ANALYSIS AND IDENTIFICATION OF OPPORTUNITIES 5 GAP ANALYSIS AND IDENTIFICATION OF OPPORTUNITIES The above assessment of the legal and institutional framework suggests that gaps and conflicts exist, particularly in regard to the institution’s mandates. An overview on each institution’s mandates and identified gaps is provided under Table 5-1, at the same time pointing out potentials for the upscaling of nature-based flood and erosion protection. The analyses of the legislation as enabling environment for nature-based or hybrid flood and erosion protection showed that most of the laws and policies from different sectors do not specify the use of natural solutions, except reforestation for erosion management. In many legal documents, the identi- fication of protection zones and mapping of disaster risk zones is prioritized, but without clear regula- tions on these procedures (see 3.4.1 and 3.4.2). Furthermore, the transformation of risk areas in safe places is promoted, however without providing guidance on what measures should be applied partic- ularly in regard to the establishment or protection/upgrading of green / grey infrastructure. While no conflicts were found in regard to national regulations for the use of conventional or nature- based flood and erosion protection measures, a weak interpretation at local level and thus possible conflicting urban regulations and plans were identified as the major challenge. Existing gaps contrib- ute to the misinterpretation of the legal instruments and to failures in their implementation. The degree of implementation of the legal framework largely depends on the availability of human and financial resources at local level. In recent years the government has adopted many policies and strategies on governance, environment, climate change and disaster risk reduction, increasing the challenge for Municipalities to guarantee their compliance. Municipalities often lack the technical ca- pacity to fully adopt national laws and policies in their planning instruments. Furthermore, the means to invest properly in public infrastructure are highly limited, depending largely on national funds for investments. Another critical issue presenting a major gap is the lack of general coordination mechanisms. Unco- ordinated policies and activities create a competition among institutions for funds, visibility, knowledge and human resources. While the legal framework promotes coordination between different sectors and between national and subnational level, the mechanisms in place do not seem to lead to the intended objective. This results in Municipalities not requesting and receiving appropriate technical and financial support by national or provincial level institutions. Based on the potentials described in Table 5-1, the consultant hopes to partly overcome the identified gaps and conflicts. The aim is to make use of the key institution’s technical expertise, to: • Discuss approaches and best practices between different sectors, • Create guidelines for erosion and flood protection NBS, • Increase assistance and funding to Municipalities and • Improve overall coordination. From the institutional analysis presented throughout this document we can note that an enabling in- stitutional landscape exists and is being reinforced. With the creation and restructuring of several institutions with specific mandates that can contribute to a favorable environment for the implementa- tion of the NBS, such as AIAS, DNAAS, DNGRH, AQUA, FNDS, DNDA, DINOTER and INGC, a window is opening for the integration of flood and erosion reduction measures through NBS. Although there is an increasing need to explore the mechanisms for co-ordination between these institutions in order to facilitate NBS integration, at the same time recognizing that inter-institutional coordination in the highly dynamic field of climate change needs some time to consolidate. Enabling Environment 35 5. GAP ANALYSIS AND IDENTIFICATION OF OPPORTUNITIES Table 5-1: Assessment of Mandates, Gaps and Potentials Institution Decree Relevant Mandates Importance for NBS Conflicts, Gaps & Potentials (P) MTA (incl. Presidential De- - Leads, coordinates and - Norms of land manage- - Urban land management under mandate DPTA) cree 13/2015 (de- controls execution of poli- ment for protection of Municipal Councils fines the compe- tics in areas of Land, Con- and risk areas, incl. è Often with low urban planning and con- tences of MTA) servation, Forests & Wild- wetlands trol capacities life, Environment and rural - Lead institution for è Coordination in elaboration of Urban development coastal and in-land Plans exists (Planos de Estrutura), but - Participates in the definition erosion protection not for implementation/monitoring of sector norms regarding measures Improve Municipal understanding and capacity sustainable management of for integration of flood and erosion risk assess- natural resources ment into municipal land-use planning instru- - Promotes inclusion of cli- ments mate change and biodiver- - Local erosion protection initiatives by sity in sector policies Municipalities and communities/ NGOs - Promotes integrated and sus- not always coordinated with MTA and tainable urban and coastal provincial representatives management - Ensures community participa- Strengthen and enforce the implementation of tion in co-management of municipal land-use planning regulations that en- natural resources and eco- sure NBS protection, promotion and scale-up. systems Decreto n.º - Mainly for rural areas, creating a gap for - Source of funding for municipal funding 6/2016 (Creates the FNDS, Fundo nature based flood and MTA. de Desenvolvi- - Channels financing to local erosion protection level for environmental initia- measures, considering Insure adequate funding mobilization and allo- mento Sustentá- tives (replaced FUNAB) limited financial re- cation to NBS from several nature-related pub- vel,) lic funds managed by different line ministries sources of Municipali- such as Environment (FNDS), Tourism (FU- ties TUR), Fisheries (Fundo Azul). Enabling Environment 36 5. GAP ANALYSIS AND IDENTIFICATION OF OPPORTUNITIES AQUA Decreto - Supervises land use prac- - Control of and support - Monitoring, Reporting and Verification nº80/2010 e alte- tices, implementation of spa- to Municipalities in ur- Mechanisms (MRV) under discussion, a rado pelo Decreto tial planning tools for the ex- ban planning with fo- proposal suggesting that all climate nº2/2016 ploitation of forests and cus on environmental change adaptation & mitigation projects environmental control; components must pass through AQUA. - Proposes measures to pre- vent and mitigate environ- Strengthen national capacity for reporting, M&E mental impacts and ensure on integration, protection and promotion of NBS compliance with environmen- as part of the overall implementation of environ- tal standards. mental legal, regulatory and policy frameworks at national, sector and local levels. - Collects and interprets data on main environmental com- ponents; - Adopts and implements measures aimed at improving the capacity for research, monitoring and quality control of the environment. MOPHRH Resolução nº. - Elaborates policies and strat- - National level guidance - For public works and water resources (incl. 19/2015, de 17 de egies for the sustainable of water resources man- management Municipalities have spe- DPOPHRHs) Julho (Approves management of water re- agement, incl. flood pre- cific mandates regarding planning, im- the organic statute sources, as well as for the vention; plementation and operation of urban in- of the MOPHRH) prevention and mitigation - Defines overall parame- frastructure. These should not conflict of the impacts of floods ters for public works, with national standards; however, devia- and droughts; which also apply for tions occur. - Defines the framework for public erosion and - NBS so far is not a relevant issue for the design, implementation flood control infra- public works, AIAS being the exception and supervision of public structure (see below) works; - Promotes public-private - Coordination between MOPHRH and - Directs the planning of the partnerships in the con- the Municipalities should be realized construction of public struction and manage- through the provincial level, but the au- works, ensuring the effective- ment of water retention, tonomous status of Municipalities fore- ness of investments; protection and storage sees little interlinkage. For large public Enabling Environment 37 5. GAP ANALYSIS AND IDENTIFICATION OF OPPORTUNITIES - Regulates the use and quality systems (however ori- works DPOPHRHs can be involved for control of materials and con- ented towards large inspections. struction elements; scale dams); - Implements policies and strat- egies for the expansion and Strengthen the integration of NBS for flood pro- improvement of water supply tection in water resources management legisla- and sanitation services; tion, regulations and policies Improve the understanding and capacity for in- tegration and scale-up of NBS through national, regional and local water resources develop- ment plans DNAAS Resolução nº. - Proposes and ensures the - Involved in the elabora- - Few municipalities present a municipal 19/2015, de 17 de implementation of policies, tion of stormwater sanitation and drainage posture; Julho (Approves strategies, standards, regula- drainage norms in rural - the organic statute There is still no specific sanitation regu- tions and technical specifica- and urban settlements lation that addresses fully the issues of of the MOPHRH) tions for water supply and and in monitoring their drainage and sanitation; sanitation, as well as pro- compliance; - The redefinition of drainage patterns is grams; - Provides technical and in process; - Promotes investments for the methodological sup- construction, maintenance port to Municipalities; and expansion of water sup- ply and sanitation infrastruc- Improve the integration of NBS on water and tures; sanitation law, regulations and policies and en- sure its harmonization with existing and future - Harmonizes plans and ac- environmental, Municipal and related natural tions to ensure universal ac- resources management legal, regulatory and cess to water supply and san- policy frameworks. itation services; Strengthen the role and capacity of Municipali- ties for implementation of NBS for flood control and sanitation improvement Promotion and adoption of NBS as priority/al- ternative measure for flood and erosion risk management at sector, provincial, district and Enabling Environment 38 5. GAP ANALYSIS AND IDENTIFICATION OF OPPORTUNITIES municipal levels CRA Decreto nº 74/98 - Regulates public water sup- - Includes regulation and de 23 de Dezem- ply, wastewater and storm- support for better Mu- bro (Creates the water drainage systems. nicipal stormwater Improvement of sanitation sector regulations to CRA) - Regulates autonomous drainage management ensure integration and compliance with NBS sanitation systems, imple- best practices in the design, operation and mented through the local management of water supply and sanitation agents CORAL systems AIAS Decreto n.º - Responsible for the manage- - Channels investments - Management of all drainage infrastruc- 19/2009, de 13 de ment of the secondary public and leads implementa- ture considered under mandate of AIAS, Maio (Creates water supply systems and tion for public drain- conflicting with municipalities’ mandates AIAS) sanitation (incl. drainage of age infrastructure, es- - Assumes that key role of municipalities waste water and. storm wa- pecially from is accompanying drainage measures ter); International Financing and taking care of later operation Institutions; - NBS is not defined as a specific ap- - Provides technical proach of AIAS or of the general water support to municipali- sector but gained importance through ties for the manage- the World Bank funding. Specific tech- ment and execution of nical NBS expertise is provided exter- drainage infrastructures nally. MTA Improve knowledge generation and sharing and access to information on the role/contribution of NBS for flood control and erosion protection in urban areas Integration and scale-up of NBS in the design, expansion and protection of water supply and drainage systems across the country. INGC (incl. - Prevention of natural haz- - Mapping of risk ar- - INGC is not a Ministry, thus no equal provincial Decreto 7/2016, ard risks eas, incl. potential ar- recognition in policy making process level) March 21 eas for nature-based Enabling Environment 39 5. GAP ANALYSIS AND IDENTIFICATION OF OPPORTUNITIES (Approves the - Protection of humans and in- flood and erosion pro- - Mandates cross with MTA (Climate Regulation of the frastructure from disasters tection measures Change Adaptation vs. Disaster Risk Law 15/2014) Prevention) - Investigate disaster risk re- - Political & technical duction technologies guidance of institu- - Difficult standing for orientation of other - Study adequate environmen- tions for resilient in- Ministries/ sectors tal protection measures frastructure, incl. à policies/guidelines not always fol- NBS lowed - Capacitate institutions and communities - Should play a role in NBS, so far only on - Orientate construction of own account resilient infrastructure è HR and financial situation may not allow - Map risk areas and inform a more active role about prohibited settlement in Improve the understanding and analytical ca- pacity on the potential contribution of NBS in disaster risk disaster (e.g. flood risk and erosion control in urban areas and floodplains) MAEFP Decreto Presiden- - Responsible for the organization, - Coordinates and - Coordination role for DRM only through cial n° 7/2015 functioning and control of the monitors all DRM ac- INGC, having little technical expertise at (Defines the com- state administration tivities Ministry level petencies of MAEFP) - Responsible for the preven- - General importance in tion and mitigation of natural regard to capacity de- disasters velopment of Munici- Strengthen the integration of NBS in the DRM palities and coordina- legislation, regulation policy and enforcement as - Elaborates and implements the tion between national low-cost measure for flood prevention and miti- land use norms and local government gation and erosion control at national, regional - Organization, operation and institutions and local levels. development of local govern- - Sector Ministry for ment bodies, as well as mobi- DRR through INGC Strengthen inter-institutional and multi-sector lization and organization of coordination and promote knowledge sharing local community participa- - Governmental link to and learning on benefits of NBS in disaster pre- tion ANAMM vention and mitigation. Enabling Environment 40 5. GAP ANALYSIS AND IDENTIFICATION OF OPPORTUNITIES - Promotes the improvement of public service quality DNDA Decreto Presiden- - Drafts the norms on the function- - Technical feedback to cial n° 7/2015 ing of local authorities; Municipalities on urban (Defines the com- planning instruments Support and monitor the development of capaci- petencies of - Promotes studies on the attribu- ties of Municipalities for integration of NBS in MAEFP) tions, competences, organization municipal development plans, including in mu- and functioning of local authori- nicipal land use plans and regulations ties; - Promotes the training of Munici- pal staff in administration; - Elaborates technical opinion for the approval of the PEU, PGU, PPU and PP ANAMM (As- Declaração de in- - Represents and promotes mu- - No specific relevance P:. sociação Na- tenções, aos 23 nicipal interests at national level cional dos de Outubro e Es- - Facilitates inter-municipal ex- Foster collaboration, information exchange and Municípios tatutos da Associ- change learning amongst municipalities on the benefits de Moçambi- ação of NBS for flood protection and erosion control que) in urban areas Conselhos See Municipal - Managing urban space, incl. - ‚Owners‘ of public infra- - Insufficient financial and human re- Municipais Legislation under natural resources and pro- structure sources for planning and implementing chapter 3.3 tection areas innovative / complex nature-based and - Main actor for planning - Provide public services in the and implementing na- hybrid infrastructure sectors of economic and so- ture-based infrastructure - Lacking capacities for O&M of public in- cial development, environ- within municipal territory frastructure ment, health, education, cul- - Responsible for protec- - Conflicting land management practices ture, urbanization and tion of natural ecosys- MTAEnsure the integration of NBS in Municipal construction tems (incl. wetlands and regulations and developments plans and en- small rivers), manage- force implementation, reporting, monitoring and ment of risk areas (incl. evaluation flooding and erosion) Ensure the integration and implementation of within municipal territory NBS in land-use planning and investment at Enabling Environment 41 5. GAP ANALYSIS AND IDENTIFICATION OF OPPORTUNITIES Municipal level Ensure the development and mobilization of ad- equate capacities to support the implementation of NBS for flood protection and erosion control at Municipal level Ensure the mobilization, attraction and alloca- tion of local, domestic and international, public and private funding to support NBS investment at Municipal level ARAs Decreto 26/1991 - Management of hydrographic - For NBS involving large - Data and responsibility only for large riv- do Sul (currently under basins rivers, ARAs may provide ers revision for better data, information on type - do Centro financial manage- - Operation of hydrological Normally little contact with Municipal do Zambeze systems, administration of of uses and protection level ment) water use rights areas do Centro- - More engaged in large-scale invest- Norte e - Propose definition of protec- ments, e.g. dams and water extraction do Norte tion zones according to the for agriculture and human supply law P: Ensure the development and mobilization of ad- equate capacities to support the integration of NBS in flood risk modelling and water resources management in areas under their jurisdiction Enabling Environment 42 6. RECOMMENDATIONS 6 RECOMMENDATIONS Based on the existing legal, regulatory and policy frameworks and institutional mandates, a set of main recommendations is presented aiming at improving the enabling environment, harmonize the institu- tional roles, and strengthen capacities for better planning, coordination, as well as monitoring and eval- uation of implementing NBS for flood protection and erosion control in Mozambique. 6.1 IMPROVEMENT OF LEGAL AND INSTITUTIONAL FRAMEWORKS The key recommendations for improving and harmonizing the legal frameworks and \ institutional roles and responsibilities on NBS include: i. Review/assessment of key national, sectoral and municipal legislation, regulations and poli- cies (environment, climate change, disaster risk reduction, forestry, water resources manage- ment, land management, land-use planning, agriculture, and infrastructure development) to identify gaps and entry points to inform the preparation, revision, and updating of legal and institutional frameworks to enable harmonized and coordinated implementation, reporting, monitoring and evaluation of NBS across the country, sectors and levels. To ensure better alignment, this review should include recommendations on the strategy, the sequencing, and the roadmap for updating/revising existing legal and institutional framework as well as the development of additional legal instruments when required. To ensure consistency and har- mony, support could be provided for strengthening of existing legal departments in relevant governments agencies and municipalities or creation of new, specialized agency to lead and coordinate the drafting or review of NBS-related draft bills, regulations and policies. ii. Development of national communication strategy to support awareness raising at political level and decision makers for better integration and alignment of NBS within national, sectoral and municipal legislation, regulations and policies, based on the outcomes of review of existing legal and institutional frameworks. Support will be required to develop communication cam- paigns, including preparation and dissemination of policy briefs and messages, organization of NBS advocacy meetings targeting sector line ministers and senior Government officials, parliamentarians, mayors, municipal and provincial assembly members, civil society organi- zation leaders, influential community leaders, and private sector entities. iii. Review of current policy incentives for public and private sector investment in NBS. This could include an expenditure review of key NBS-related line ministries, sectors, Public Funds (FNDS, FUTUR, Fundo Azul) and municipalities, as well as identification of funding needs, gaps and opportunities for investment in NBS, including leveraging of private-sector invest- ment, particularly through PPP’s. iv. Development, adoption, and implementation of NBS Financial Strategy setting the Govern- ment vision to mobilize funding and increase allocation of domestic and external funding for investment on NBS to generate positive impacts in disaster risk reduction in sectors and geo- graphical areas most at risk. This could include a revision in scope and mandate of existing public Funds (FNDS, FUTUR, Fundo Azul) or potentially the creation of new public funds to mobilize and allocate resources to address the financing gap for investment in NBS at sector, regional, local and municipal levels. 6.2 IMPROVEMENT OF COORDINATION AND INSTITUTIONAL CAPACITIES Enabling Environment 43 6. RECOMMENDATIONS As NBS interventions typically span across several sectors and institutions, improving interinstitutional coordination and enhancing technical capacities across the different institutions is key. The recommen- dations for the improving coordination and institutional capacities for the implementation of NBS are as follows: i. Assessment and improvement of incentives (and disincentives) for considering NBS in the feasibility of different alternatives and coordinating with other institutions for key entities who could take the lead on implementing or partnering with others for the implementation of NBS for risk reduction in sectoral investments. ii. Assessment of capacity gaps and needs to coordinate for the preparation, implementation, and evaluation of NBS at all levels, and identify cost-effective options to build capacity within the key agencies involved in NBS coordination and implementation (MTA, MIMAIP, MEFP, MOPHRH, AIAS, Municipalities) and mechanisms as part of reform program for revision and update of national, sectoral and municipal legislation, regulations and policies iii. Strengthening of NBS coordination capacities and mechanisms at national, sector and local levels. This could include the revitalization and inclusive participation of representatives of agencies involved in the implementation of NBS in all multi-sector coordination bodies and national forums related to environment and climate change (CONDES), disaster risk reduction (CTGC), water resources management, forestry and land management, land-use planning, agriculture and infrastructure development, and municipal development. The establishment of strong, active and well-trained NBS focal points at national, sector and local level, primarily at MTA, MIMAIP, MEFP, MOPHRH, AIAS, Municipalities could be encouraged. iv. Development of national capacity building strategy/program on NBS. This could include sup- port for: • Development, adoption, and implementation of methodologies and approaches for inte- gration of NBS in national, sector and municipal legislation, regulations and policies re- lated to disaster risk management. • Development, adoption and implementation of methodologies and guidelines for assess- ment of potential of contribution of NBS for flood mitigation and erosion control in major and middle size cities and river basins. • Development, adoption and implementation of methodologies and guidelines for integra- tion of NBS in flood and erosion risk assessment and design of alternative prevention mitigations measures. • Development of national training program, including training packages and resources on NBS targeting Government officials at all levels, with focus on MTA, MIMAIP, MEFP, MOPHRH, AIAS, and Municipalities. v. Strengthen knowledge generation, exchange, dissemination, and learning on the potential role of NBS for disaster risk reduction in projects supported by the World Bank and other develop- ment partners in areas such as fisheries, urban development, roads, forestry, agriculture, land- use planning, marine and solid waste management. This includes support for scaling-up sec- tor, regional and local climate and disaster risk assessments and potential contribution and option for the use of NBS for disaster risk reduction. Information and learning opportunities on NBS in key areas (such as fisheries, roads, urban development, forestry, agriculture, land-use planning, marine and solid waste management) should also be disseminated to relevant stake- holders at all sectors and levels. Enabling Environment 44 7. ANNEXES 7 ANNEXES ANNEX 1 Questionnaire A consultoria para o Banco Mundial tem como um dos objectivos identificar qual é o enquadramento legal e institucional para planificar e implementar medidas de protecção contra inundações e erosão em Moçambique. É o foco de rever os mandatos e as capacidades das instituições envolvidas a nível nacional, provincial e municipal para verificar onde tem lacunas, contradições, sinergias e potenciais de melhorias (coordenação, etc.) para implementar infra-estruturas verdes e híbridas (com compo- nentes de engenheria convencional) de protecção contra inundações e erosão. As entrevistas servem para informar a equipa de consultores melhor sobre os mandatos, as percep- ções e práticas das instituições, além de ganhar conhecimentos sobre obstaculos e possibilidades na implementação de projectos de infra-estruturas verdes contra inundações e erosão. 1) Qual o mandato da sua instituição na planificação e/ ou implementação de projectos de infra-estruturas verdes e híbridos contra inundações e erosão? 2) Quem é a instituição chave que lidera a área de infra-estruturas verdes/ azuis e híbri- das? (MOPHRH vs MTA vs INGC cada com um papel específico) 3) Quais são as leis e regulamentos cruciais que orientam a sua instituição para este tipo de medidas/ projectos? 4) Quais são lacunas ou obstáculos que verifica na legislação em termos da sua imple- mentação? a. Existem parámetros claros/definidos como reabilitar ou criar infra-estruturas verdes de forma natural ou híbrida (e.g. dunas, mangais, florestas, terras hú- midas, rios, etc.) 5) Existem contradições nas diferentes leis dos sectores ou nas prácticas das institui- ções? a. E.g. orientações diferentes sobre a reabilitação de canais naturais (MOPHRHR vs MTA) b. E.g. prácticas diferentes da construção de diques contra indundações (MOPHRHR vs. INGC) 6) Como está a ver a disponibilidade dos recursos financeiros e humanos para a imple- mentação de projectos desta natureza a nível nacional, provincial e municipal? 7) Que forma de coordenação existe entra as instituições a nível nacional e entre os di- ferentes níveis? a. Quais as possibilidades de troca de informação? E.g. entre MOPHRH/AIAS, MTA e INGC? b. Qual o suporte que Municípios como ‘donos’ das infra-estruturas recebem do nível provincial/nacional? 8) Quais podem ser oportunidades de criar a actuação da instituições mais eficaz na im- plementação de infra-estruturas verdes– individualmente ou em conjunto? Enabling Environment 45 7. ANNEXES ANNEX 2 List of Interviewees Institution Name of Interviewee Contact (for internal distribution) Paulo Oscar M. da Silva Poscar100@gmail.com AIAS Carlos Noa Laisse Carlos.laisse5@gmail.com Hassane Abechande Hassane.abechande@gmail.com MTA - DINAB Guilhermina Amurane gamurane@gmail.com MTA - DINOTER Hercílio Ndlate ndlatehercilio@gmail.com INGC Higino Rodrigues higinorodrigues@hotmail.com INGC Bonifácio Antonio bonyantonio@gmail.com INGC-Nacala Helder Sueia helsueia@yahoo.com INGC-Zambezia Milton Barbosa mcelsobs@gmail.com MOPHRH Inacio Tesoura inaciopedromanuel@gmail.com DNAAS Jaime Muhate muhatejaime@gmail.com DNGRH Agostinho Vilankulos avilankulos@yahoo.com.br appliedphys- ARA Centro-Norte Ivan Uamusse icsuamusse@gmail.com Silverio Cipriano csilverio.cs@gmail.com Municipal Council of Inocencio Cebola inocenciocebola@gmail.com Quelimane Eng. Brito britoara2002@yahoo.com.br Antonio Mundeia Adelino Cobre adelinoemiliocobre@gmail.com Municipal Council of Nacala Samuel Domingos s.vascodomingos@gmail.com MAEFP - DNDA Inocêncio Mendonça arkmenducci@hotmail.com DPOPHRH - (Nampula) Arlindo Issa arlindoissa1970@gmail.com Julia Uarela Jdduarela06@yahoo.com.br AIAS Zambezia Eugenio duarteeugenio@gmail.com Celindo Andissone candissone@yahoo.com.br DPTA - (Zambézia) Chicuate 842664569 DPTA - (Nampula) António Comboio apcomboio@gmail.com SDPI - Nampula Talim de Alfredo AIAS Nampula Bruno Ambrique ambrique@live.com.pt Enabling Environment 46 7. ANNEXES FIPAG - Quelimane Carlos Jamal carlosjamal2@gmail.com ANNEX 3 List of Legal Documents 1) Environmental, Water and Climate Regulations Type and n° Name or content description altered by Collected by IC? Lei nº20/97 Lei do Ambiente ✓ Lei n º 10/99 A Lei de Florestas e Fauna Bravia ✓ Lei nº 19/97 Lei de Terras ✓ Decreto nº 66/98 Regulamento da Lei de Terras ✓ Aprova o regulamento sobre o processo de Decreto reassentamento resultante de actividades ✓ nº.31/2012 económicas Resolução Aprova a política nacional de terras e as ✓ nº.10/95 respectivas estratégias de implementação Decreto 19/2007 Lei de Ordenamento do Território ✓ Decreto nº Regulamento sobre Ordenamento do Terri- ✓ 23/2008 tório Decreto 60/2006 Regulamento do Solo Urbano ✓ Diploma Legisla- Regulamento de Edificações Urbanas ✓ tivo 1976/1960 Decreto Regulamento para exploração Florestal e ✓ nº.30/2012 incentivos de plantações florestais Decreto Aprova o estatuto organico do fundo do ✓ nº.26/2011 ambiente Diploma Ministe- Aprova a directiva geral para estudos do ✓ rial nº.129/2006 impacto ambiental Lei n° 15/2014 Estabelece o Regime de Gestão de Cala- ✓ midades Decreto n° Aprova o Regulamento da Lei da Gestão ✓ 7/2016 de Calamidades Plano Director Plano Director para a Redução do Risco de ✓ 08/2017 Desastres 2017-2030 Lei nº 16/1991 Lei de Águas ✓ Criação da Administração Regional de Decreto 26/1991 ✓ Águas Criação da Administração de Infra-estrutu- Decreto nº. ras de Abastecimento de Agua e Sanea- ✓ 19/2009 mento Aprova o estatuto organico do Ministério Resolução das obras públicas, habitação e recursos ✓ nº.19/2015 hídricos Enabling Environment 47 7. ANNEXES Aprova o regulamento dos sistemas públi- Decreto nº. cos de distribuição de agua e de drenagem ✓ 30/2003 das aguas residuais Diploma Ministe- Aprova o regulamento interno do Conselho rial nº 92/2002 de Abastecimento de Agua ✓ Altera o Decreto nº 80/2010, de 31 de De- zembro, que cria a Agência Nacional para Decreto nº Controle de Qualidade Ambiental e revoga ✓ 02/2016 os Decretos nº 5/2003, 6/2003 e 7/2003 ambos de 18 de Fevereiro Cria o Fundo Nacional de Desenvolvimento Decreto nº sustentável e revoga os Decretos nº ✓ 06/2016 39/2000 e 26/2011 Resolução Aprova a Politica de Aguas ✓ nº42/2016 Aprova o Regulamento sobre o processo Decreto nº de reassentamento resultante de activida- ✓ 31/2012 des económicas 2) International Conventions Type and n° Name or content description altered by Collected by IC? Convenção das Nações Unidas sobre Resolução n°2/94 ✓ a Diversidade Biológica Convenção sobre Terras Húmidas de Resolução n°45/2003 ✓ Importância Internacional Convenção Quadro das Nações Uni- Resolução n°1/94 ✓ das sobre Mudanças Climáticas Convenção para a Protecção do Patri- Resolução n°17/82 ✓ mónio Cultural e Natural do Mundo Aprova a adesão da República de Mo- çambique a Convenção Africana so- Resolução n°18/81 ✓ bre Conservação da Natureza e dos Recursos Naturais 3) Municipal Legislation Type and n° Name or content description altered by Collected by IC? Decreto Presidencial Regime jurídico do Ministério de Ad- ✓ n° 7/2015 ministração Estatal e Função Pública Regime jurídico da tutela administra- Lei n° 7/97 6/2007 ✓ tiva sobre as autarquias locais Enabling Environment 48 7. ANNEXES Lei-quadro de institucionalização das Lei nº.02/97 15/2007 ✓ autarquias locas Diploma Ministerial Guião sobre a organização e funcio- ✓ nº.67/2009 namento dos conselhos locais Lei n° 11/97 Lei das Finanças Autárquicas 1/2008 ✓ Regime jurídico dos órgãos locais do Lei n° 8/2003 11/2012 ✓ Estado Regulamento da articulação dos ór- Diploma Ministerial n° gãos das autarquias locais com as ✓ 80/2004 autoridades comunitárias Regime jurídico das transferências de Decreto n° 33/2006 funções e competências dos órgãos 46/2011 ✓ do Estado para as autarquias locais Alteração do regime jurídico da tutela Lei n° 6/2007, administrativa sobre as autarquias lo- ✓ cais Regime financeiro, orçamental e pa- Revokes Lei n°1/2008 trimonial das autarquias locais e o sis- ✓ Lei 11/97 tema tributário autárquico Regime jurídico das modalidades de Decreto n° 56/2008 tutela administrativa dos Governado- ✓ res Provinciais Decreto Presidencial Regime jurídico do Ministério da Ad- ✓ n° 4/2010 ministração Estatal Alteração ao regime jurídico das transferências de funções e compe- Decreto n° 46/2011 ✓ tências dos órgãos do Estado para as autarquias locais Alteração da lei dos órgãos locais do Lei n° 11/2012 ✓ Estado Enabling Environment 49 7. ANNEXES ANNEX 4 Overview of Mandates Source: www.clgf.org.uk/mozambique (modified) Enabling Environment 50 7. ANNEXES ANNEX 5 Organizational Chart of EMUSA Directora Ugea Secretariado Administração e Águas pluviais e Planificação RSU Transporte Finança residuais Operação e Operação e Planificação e Educação e Contabilidade Manutenção de Manutenção de Águas Recolha Frotas monitoria Sensibilização Águas pluviais residuais Sistemas de Planificação Património retenção (cisternas e Latrinas Varricao Estudos e projectos Oficinas bacias de retenção) Monitoria e Reaproveitamento Recursos Humanos Valas de Drenagem Esgotos avaliação e Lixeira Fossas Enabling Environment 1