Final Rap-dmdp Ilala Mc Edited

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United Republic Of Tanzania

Project Management Office in the Prime Minister’s Office -

Regional Administration and Local Government (PMO-RALG) ---------------------------------

Dar es Salaam Metropolitan Development Project (DMDP)

Sub-component 2.2

Infrastructure Upgrading in Unplanned Settlement (IUUS)

REVISED OVERAL RESETTLEMENT ACTION PLAN FIUUS Subprojects in ILALA Municipality

JULY 2015


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STUDY TEAM

NAME POSITION SIGNATURE

Mr. Robert Kashiki Sociologist

Eng. Leo Kisakwa Highway Engineer


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Table of Contents

1. Introduction................................................................................................................... 1

1.1 Background ............................................................................................................. 1

1.2 Subprojects under the Infrastructure Upgrading in Unplanned Settlements in Ilala

Municipality ........................................................................................................................ 1

1.3 Measures taken to minimize resettlement impact .................................................... 1

2. Census and Socio - economic Study .......................................................................... 3

2.1 Resettlement Impacts .............................................................................................. 3

2.1.1 Nature and Types of Assets and PAPs ............................................................. 3

2.2 Demographic and socio-economic status of the project affected people .................. 4

2.2.7 Necessity for updating RAP.................................................................................. 8

3. Resettlement Policy and Legal Framework ................................................................ 9

3.1 Laws and regulations of the United Republic of Tanzania on land acquisition.......... 9

3.2 World Bank’ Policy on Involuntary Resettlement (OP/BP 4.12).............................. 14

3.3 Comparison between Policies of the URT and World Bank on Land Acquisition and

Resettlement .................................................................................................................... 15

3.4 Project policy and entitlement ................................................................................ 18

3.4.1 Principles and Objectives................................................................................ 18

3.4.2 Project eligibility and compensation policy ...................................................... 20

4. Institutional Arrangement .......................................................................................... 24

4.1 National Level ........................................................................................................ 24

4.2 Regional Level ....................................................................................................... 24

4.3 Municipal level ....................................................................................................... 25

4.4 Income Restoration Program ................................................................................. 27

5. Implementation Schedule........................................................................................... 28

6. Cost and Budget ......................................................................................................... 29

7. Participation and Consultation .................................................................................. 30

7.1 Information Disclosure ........................................................................................... 30

7.2 Public Consultation and Participation ..................................................................... 30

7.2.1 Consultation and participation during the IUUS preparation ............................ 31

7.2.2 Consultation and Participation mechanisms during implementation of RAP .... 32

8. Redress and Grievance Mechanism.......................................................................... 34

9. Monitoring and Evaluation......................................................................................... 36

9.1 Monitoring and Reporting....................................................................................... 36

9.2 Internal Monitoring ................................................................................................. 36

9.3 Independent Monitoring Consultant ....................................................................... 37


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Physical displacement The actual physical relocation of people resulting in a loss of shelter,

productive assets or access to productive assets (such as land, water,

and forests).

Economic displacement The results from an action that interrupts or eliminates people’s access

to productive assets without physically relocating the people themselves

Replacement Cost The rate of compensation for lost assets calculated at full replacement

cost, that is, the market value of the assets plus transaction costs. It is calculated before displacement as follows:

(i) agricul tural land: the market value of land of equal productive use

or potential located in the vicinity of the affected land, plus the cost of preparation to levels similar to or better than those of the

affected land, plus the cost of any registration and transfer taxes;

(ii) land in urban areas: the market value of land of equal size and use,

with similar or improved public infrastructure facilities and services

preferably located in the vicinity of the affected land, plus the cost

of any registration and transfer taxes;

(iii) household and public structures-the cost of purchasing or building

a new structure, with an area and quality similar to or better than

those of the affected structure, or of repairing a partially affected structure, including labor and contractors’ fees and any registration

and transfer taxes.

(iv) standing crops based on the current market value of the crop at the

time of compensation;

(v) perennial crops and fruit trees will be compensated equivalent to

the current market value given for the type, age and productive

value of such trees (future production) at the time of compensation.

Vulnerable Groups People who by virtue of gender, ethnicity, age, physical or mental

disability, economic disadvantage, or social status may be more

adversely affected by resettlement than others and who may be limited in their ability to claim or take advantage of resettlement assistance and

related development benefits. Vulnerable groups include: (i) female headed households with

dependents, (ii) disabled individuals; (iii) households with disabled persons, (iv) households falling under the current benchmark poverty

line, (v) children and elderly households who are landless and with no

other means of support, (vi) landless households, (vii) ethnic minorities.

The list of vulnerable groups will be identified during project preparation

through socio-economic survey and public consultation.

Self- resettlements Option selected among several presented, which a DP for self -relocation

chooses, and who will be provided with an additional transitional

assistance.


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1. Introduction

1.1 Background

The proposed Dar es Salaam Metropolitan Development Project (DMDP) for World Bank

(WB) financing is positioned within the context of the Bank’s continued support to Tanzania through the proposed Local Government Support Project (LGSP2) to strengthen fiscal

decentralization, improve accountability in the use of local government resources, and

improve management of inter-governmental transfer systems. The DMDP aims to strengthen

the institutional and urban management systems of the Dar es Salaam Local Authorit ies

(DLAs) in order to enhance the service delivery over time.

The PMO-RALG is the Project Executing Agency and the Project Owner while the Municipal

Councils of Ilala, Temeke and Kinondoni and TANROAD are the implementing agencies of

the DMDP. Expectedly, the DMDP has a total cost of 159,830 million USD to be

implemented in five years from 2015 - 2020.

The Project covers the three municipal councils of Ilala, Kinondoni and Temeke and the Dar

es Salaam City Council (DCC) and will have four (04) interrelated components as belows:

- Component 1: Institutional development for improved metropolitan and council

management systems;

- Component 2: Urban infrastructure investments;

- Component 3: Land administration systems; and

- Component 4: Support for Project management.

The Component 2 includes the investments in 04 sub-components below and each sub- component includes subproject/s involving in either the improvement of water drainage

and/or roads at three (3) municipalities in Dar es Salaam of Ilala, Temeke and Kinondoni.

- Sub-component 2.1: Storm Water Drainage Improvements (SWDI);

- Sub-component 2.2: Infrastructure Upgrading in Unplanned Settlements (IUUS);

- Sub-component 2.3: Local Roads; and

- Sub-component 2.4: Ubungo Junction.

The Sub-component 2.2 includes the upgrading of infrastructures at the three municipalities of Ilala, Temeke and Kinondoni.

1.2 Subprojects under the Infrastructure Upgrading in Unplanned Settlements in Ilala Municipality

This RAP report is the consolidated RAP report based on subproject RAP reports of subprojects within Ilala Municipality for guiding the implementation of the resettlement activities of these subprojects.

1.3 Measures taken to minimize resettlement impact

- Early information given to community, residents of wards Kiwalani, Ukonga and Gongo la Mboto about the subprojects so that no construction activities, investments are made after September 2014.

- Study and select all possible options by group of experts (resettlement, environment and engineering) and results of this effort, showing that the selected option is the best


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2. Census and Socio - economic Study

This comprised of a detailed census /inventories with affected households as well as

formal and semi-formal discussions with sample focus groups in the communities. A

comprehensive questionnaire for data collection was used. The questionnaire

gathered information on the following:

a) Household Bio data (Socio-demographic information);

b) Livelihoods (such as sources of income and type of occupation; employment status; vulnerability); and

c) Access to economic and social services infrastructure.

The format of questionnaire used for data collection of PAPs is given as Annex 2.1.

In addition, the data thus collected in the census forms is submitted separately.

2.1 Resettlement Impacts

2.1.1 Nature and Types of Assets and PAPs

The nature and types of assets affected in all the project roads include:

Land and buildings

Table 2.1: Revised PAPs and type of Assets

Name of Wards ( in which No. of Households with building/structure project road Passes) Affected

KIWALANI 209

UKONGA 461

GONGO LA MBOTO 180

KIMANGA 54

TOTAL 904

2.2.2 Building Structures

The building structures that have been affected are generally residential units mainly built of

Brick /Block walls; CIS roof (See Table 2.2). The sand cement blocks-CIS-roof account for

84% and the remaining 16% are concrete blocks. Most of these structures have retail

business room outlets. The business outlets are owned by business vendors and few with

property owners.


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Table 2.2: Type of Buildings Affected

No. of Buildings Building Construction Type

Affected

Built of Brick /Block walls, CIS roof, cement sand screed floor, no finishes 280

Built of Brick /Block walls, CIS roof, terrazo, Standard finishes 130

Built of Brick /Block walls, CIS roof, quality finishes 0

Specialized construction as of mosque church building ,office, hospitals of block wall 0

Total 410

2.2 Demographic and socio-economic status of the project affected people

Census survey of PAPs shows that there is a significantly high age dependency ratio. About

45.7% of all PAPs are children (1-17 years of age) and 4% the elderly (over 65 years old).

Age-wise this data indicate a high possibility of vulnerability among PAPs because of age

factor

Table 2.3: Age Categories of PAPs by Ward

GONGO LA AGE KIWALANI UKONGA Total %

MBOTO

1-5 147 104 88 339 20.6

6-17 179 127 107 413 25.1

18-24 203 143 121 467 28.4

25-44 117 83 70 270 16.4

45-64 39 28 23 90 5.5

>65 29 20 17 66 4

Total 714 504 427 1645 100

Sex Composition

48.7

51.3 Male


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2.2.1 Type of Household (male and female-headed households)

Male-headed households are common among the PAPs although 18% of all households are

female-headed and 1% is child-headed (Table 2.4). This has significant bearing on the level

of poverty as female and child-headed households are often associated with high levels of

poverty. The female and child-headed households are thus likely to face greater degrees of

vulnerability because of social and economic dislocations brought about by the project.

Table 2.4: Type of Households by Ward

TYPE OF GONGO LA KIWALANI UKONGA TOTAL %

HOUSEHOLD MBOTO

Male Headed 78 55 46 179 76

Female Headed 17 12 10 39 18

Child headed 1 1 1 3 1

Others 6 4 4 14 5

Total 102 72 59 235 100

Source: Consultant survey 2013

2.2.2 Educational Status of PAPs

Data in Table 2.5 below indicates that generally PAPs have low educational attainment

levels. About 20% of PAPs are illiterate and do not know how to read and write while about

36% have attained only primary school education.

Table 2.5: Levels of Education of PAPs by Ward

KIWALANI MBOGO LA EDUCATION STATUS UKONGA TOTAL %

WARD MBOTO

Illiterate 143 101 85 329 20

Primary Schooling 171 121 102 394 24

Primary School level 257 181 154 592 36

Secondary Schooling 36 25 21 82 5

Secondary School level 43 30 26 89 6

Higher Secondary 29 20 17 66 4

Schooling

Higher Secondary School 14 10 9 33 2

level

Graduate 7 5 4 16 1

Post Graduate 7 5 4 16 1

Technical 7 5 4 10 1

Total 714 504 427 1645 100


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2.2.4 Distances from Social Service Facility

Most of the PAPs live within long distances to social service facilities such as health, primary

and secondary schools with some variations between the project roads and between the

facilities. For example large percentages 56% of PAPs live between1km and 2Km of health,

primary, water tap and secondary schools (Table 2.8).

Table 2.8: Distances from Social Service Facility

TYPE OF 0.5 -1 KM 1-2 KM > 2KM

FACILITY

Primary School 35 75 14

Secondary School 40 88 32

Health Facility 34 65 26

Water Tap 25 68 26

Total 134 296 98


2.2.5 Type of assets owned

The most commonly owned assets are radio, telephone and cycles as shown in Table 2.9

that is indicative of typical poor social and economic conditions of most unplanned

settlements people in the country.

Table 2.9: PAP Asset Ownership by Ward

GONGO LA ASSET OWNED KIWALANI UKONGA TOTAL

MBOTO

Cooking Gas 15 50 30 95

Cycles 18 12 14 44

Radio 68 62 54 184

Refrigerator 49 48 58 155

Telephone(mobile) 150 130 134 414

Television 48 102 70 220

Total 348 404 360 1112

Source; Consultant survey 2013


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2.2.6 Gender Issues

Low levels of education, lack of ownership of property, limited decision-making powers in the

households, pre-occupation with household chores are among the indicators of women low

socio-economic status in the households and families generally in Tanzania. This study

focused on women decision-making authority in the households.

Women Decision-making powers in household matters

Data in Table 2.10 shows that women do have substantial decision-making powers regarding

issues deemed important in the households. Out of all the PAPs only 45 women who were

able to confirm their participation in decision making within their homes, others did not have

part in decision-making.

Table 2.10: Women Decision Making Powers in Household Matters

GONGO LA DECISION ON: KIWALANI UKONGA TOTAL

MBOTO

Financial Matter 1 3 1 5

Education of child 1 5 1 7

Healthcare of Child 3 5 3 11

Purchase of Assets 1 3 1 5

Day to Day Activities 1 2 2 5

Social Functions 1 4 2 6

Others 1 1 3 4

Total 9 23 13 45


2.2.7 Necessity for updating RAP

In case the compensation payment is delayed, this RAP shall be updated so has to reflect

the prevailing reality at the time of payment.


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general land in terms of a granted Rights of Occupancy for a period of 33, 66 or 99 years confirmed by a Certificate of Title. Long standing occupation of land is recognized as conferring property rights. In the case of land acquisition all occupiers of land irrespective of whether they have a granted right of occupancy or not, are eligible to compensation. Granted rights of occupancy carry conditions including land development and the payment of land rent. Failure to abide with these conditions can lead to the loss of the right.

(ii) Village land is defined as being the land falling under the jurisdiction and management of a registered village. As Tanzania consists of a vast countryside with only a few urban areas, most land in the country is village land. Each village is required to define 03 land use categories within its own borders: a) communal village land, b) individual and family land, c) reserved land (for future village expansion). Village land is held under customary tenure and the government can issue customary certificates of tenure to individuals or communities where the village is surveyed and has a Certificate of Village Land. Customary tenure is akin to freehold.

(iii) Reserved land is defined as land being reserved and governed for purposes subject to nine listed laws. It includes: environmental protection areas, such as national parks, forest reserves, wildlife reserves, and marine parks as well as areas intended and set aside for spatial planning and (future) infrastructure development.

The Local Government Act No. 7 (1982) on district authorities and Local Government Act No. 8 (1982) on urban authorities stipulate the functions of district/urban councils. Issues of land are included as objectives of functions and therefore part of the mandates of local government in their respective areas.

b. Acquisition and valuation of land and other assets

Land Acquisition

The Land Acquisition Act (1967) is the principal legislation governing the compulsory acquisition of land in Tanzania. This Act empowers the President to acquire land in any locality provided that such land is required for public purposes. This Act also established procedures on land acquisition, including: (i) investigation of the land to see if it is suitable for the intended purpose; (ii) notification to landowners to inform them the decision to acquire their land; (iii) and payment of compensation.

If land is required for public purpose the President is required to give a 06 weeks notice to those with an interest in the land in question but, if the situation so demands, the notice can be shortened without the need to give explanation. After the expiration of the notice period the President is entitled to enter the land in question even before compensation is paid.

The person whose land is acquired is entitled to be compensated if they so deserve as provided for under the Act (s.11 and 12). The persons entitled to compensation are those interested or claiming to be interested in such land; or persons entitled to sell or convey the same or as the government may find out after reasonable inquiries.

Valuation

The Land Acquisition Act (s.14) requires the following to be taken into account in assessing compensation:

(i) take into account the value of such land at the time of the publication of notice to acquire the land without regard to any improvement or work made or constructed thereon thereafter or to be made or constructed in the implementation of the purpose for which it is acquired;


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(ii) when part only of the land belonging to any person is acquired, take into account any probable enhancement of the value of the residue of the land by reason of the proximity of any improvements or works made or constructed or to be made or constructed on the part acquired;

(iii) take into account the damage (if any) sustained by the person having an estate or interest in the land by reason of the severance of such land from any other

land or lands belonging to the same person or other injurious effect upon such other land or lands;

(iv) not take into account any probable enhancement in the value of the land in future;

(v) not take into account the value of the land where a grant of public land has been made in lieu of the land acquired;

A practice developed that since land belonged to the public, the valuation for compensation excluded the value of bare land. However, among the clarifications made in the Land Act 1999 were:

(i) to take into account that an interest in land has value and that value is taken

into consideration in any transaction affecting that interest; and,

(ii) that in assessing for compensation, the market value of the real property is taken into consideration.

Current practice is guided by the Land Regulations, 2001, and the Village Land Regulations, 2001, which provide that the basis for assessment of the value of any land and unexhausted improvement for the purposes of compensation is the market value of such land.

The market value of any land and unexhausted improvement is arrived at by the use of the comparative method evidenced by actual recent sales of similar properties, or by the use of the income approach or replacement cost method, where the property is of special nature and is not readily transacted in, in the market.

Assessment can only be carried out by a qualified valuer and where the government (national and local) is involved; such assessment must be verified by the Chief Valuer in the Government.

The prices for cash crops will be determined as the average value over the previous year, corrected for inflation. The prices for subsistence crops will be determined as the highest value over the previous year, corrected for inflation. Crop values will be determined based on a combination of staple foods and cash crops. Specifically, the 80/20 ratio of land that a farmer typically has in food crops and cash crops is used to determine the chances s/he would lose food crop rather than a cash crop income.

Another way of valuing agricultural production is through the value of stable crops to be taken as the highest market price reached during the Year. This is based on three factors: (i)

although most farmers grow staple crops mainly for home consumption, they always have the option of selling these crops to take advantage of the market; (ii) farmers most often purchase cereals when they have run out, during the "hungry season" when prices are high; (iii) averaging the highest price of stable foods yields a high per hectare value that reimburses for the vegetables and other foods that are commonly inter-cropped with staples, but are almost impossible to measure for compensation.

Compensation

The principal of paying compensation for land that is compulsorily acquired exists in both the Constitution and in the relevant land laws.

As per the Land Acquisition Act (1967) the Government is required to pay compensation for

the land taken. The compensation may be as agreed upon, or as determined under the Act. The Government may in addition to compensation and with agreement of the person entitled


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In the case of agricultural land, compensation is intended to provide a farmer whose land is acquired and used for project purposes to cover the productive values of the land, labor, and crop loss. For this reason, and for transparency, "land" is defined as an area: (i) in cultivation; (ii) being prepared for cultivation; or (iii) cultivated during the last agricultural season. This definition recognizes that the biggest investment a farmer makes in producing a crop is his/her labor. A farmer works on his/her land most of the months of the year.

The major input for producing a crop is not seed or fertilizer, but the significant labor put into the land each year by the farmer. As a result, compensation relating to land will cover the market price of labor invested times the amount of time spent preparing a plot equivalent to that taken. The market price of the crop lost is considered separately.

The other compensation rates cover the labor cost for preparing replacement land based on a calculated value that would cost a farmer to clear and create replacement land. This value is found by adding together the average costs of clearing, plowing, sowing, weeding twice, and harvesting the crop. Labor costs will be paid in Tanzania shillings, at the prevailing market rates.

All agricultural labor activities are included for two reasons. First, all land labor will be compensated at the same rate. Second, it is difficult to forecast the growing season that

would define acquisition of the land. The eventual consideration is when land compensation covers all investments that a farmer will make. In certain cases, assistance may be provided to land users in addition to compensation payments, for example, if the farmer is notified that his/her land are needed after the agriculturally critical date. Often, the timing coincides with the time when the farmer no longer has enough time to prepare another land without additional labor.

Assistance will be provided in the form of labor-intensive village hire, or perhaps mechanized clearing, so that replacement land will be ready by the sowing dates. The farmer will still continue to receive his/her cash compensation so that the compensation can cover the costs for sowing, weeding and harvesting.

Compensation for structures will be paid by replacing at cost, for example, huts, houses,

farm out buildings, latrines and fences. Any homes lost will be rebuilt on acquired replacement land, however cash compensation would be available as a preferred option for structures (i.e. extra buildings) lost that are not the main house or house in which someone is living. The going market prices for construction materials will be determined. Alternatively, compensation shall be paid in-kind for the replacement cost without depreciation of the structure.

Compensation will be made for structures that are: (i) abandoned because of relocation or resettlement of an individual or household; and (ii) directly damaged by construction activities.

Replacement values will be based on:

(i) Drawings of individual's household and all its related structures and support services;

(ii) Average replacement costs of different types of household buildings and structures based on collection of information on the numbers and types of materials used to construct different types of structures (e.g. bricks, rafters, bundles of straw, doors etc.).

(iii) Prices of these items collected in different local markets;

(iv) Costs for transportation and delivery of these items to acquired/replacement land or building site; and

(v) Estimates of construction of new buildings including required labor.


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c. Dispute Resolution and Grievance Mechanism

Where there is a dispute, the Government tries to reach an amicable solution through persuasion. If a solution is not found within 06 weeks, the Land Acquisition Act (1967) application can be made to the High Court of Tanzania for the determination of the dispute

Every suit instituted shall be governed insofar as the same may be applicable by the Civil Procedure Code and the decree of the High Court of Tanzania may be appealed against to

the Court of Appeal.

Since the coming into operation of the Courts Act (2002), land disputes settlements disputes concerning land acquisition and compensation are dealt with by the Land Division of the High Court.

In the case of a dispute as to the amount to be paid, either the Minister or the person claiming compensation may refer such dispute to the Regional Commissioner for the region in which the land is situated and the decision of the Regional Commissioner shall be final.

The Minister should give notice of intention to acquire the land to the persons interested or claiming to be interested in such land, or to the persons entitled to sell or convey the same. The Minister may, by notice direct the persons to yield up possession of such land after the

expiration of a period of not be less than six weeks from the date of the publication of the notice in the Gazette.

3.2 World Bank’ Policy on Involuntary Resettlement (OP/BP 4.12)

The objective of the OP/BP 4.12 is to study all options to minimize or avoid involuntary resettlement. Where it is not feasible to avoid resettlement, plans should be made for compensation and assistance to restore the PAPs’ living standard to pre-project levels or to levels prevailing prior to the beginning of project implementation. This policy is applied when land acquisition causes loss of shelter, part or all of the PAPs profitable assets, or accessibility to sources of income and/or production.

Required measures for the best resettlement results:

(i) Consulting PAPs about feasible measures for compensation and resettlement plans;

(ii) Providing PAPs with options for resettlement and recovery;

(iii) Offering PAPs opportunities to participate in and choose planning options;

(iv) Compensating fully at replacement costs for losses attributable to the project;

(v) Resettlement site must be provided with fundamental infrastructure and services same as the PAPs’ previous residential areas at least;

(vi) Providing PAPs with allowances, supports, vocational training and income assistance to facilitate their relocation;

(vii) Identifying special supports for vulnerable groups and;

(viii) Setting up an institutional structure to ensure the successful compensation and resettlement;

Compensation Criteria and Eligibility:

(i) PAPs who are entitled to the compensation are: (a) those who have legal rights to and or other assets; (b) those who currently do not have legal rights to land or other assets but have claimed for legalizable land or assets in accordance with the URT’s laws based on the storage of such documents as land tax bills certificates of residence status, or residential permissions of local authorities to occupy and use the land in the project affected areas; and (c) those who have

no recognizable legal right or no claim to legalizable land they are occupying.


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(ii) Persons of (a) and (b) above are compensated for their affected land and assets. Persons of (c) above are given resettlement assistance in lieu of compensation for the land they occupy, and other assistances, if necessary, to achieve the objectives of the policy. If they occupy land in the project area prior to the cut-off date determined in each RP. Persons encroaching land after the cut-off date determined in each RP are not entitled to the compensation or any resettlement assistances.

Valuation and compensation for losses: Methods used for the valuation of losses in WB funding projects are based on full replacement costs. For this Project, the losses consist of damages to land; structures and other assets. The full replacement cost of land includes the land value as defined in accordance with the prevalent market price plus the fee for obtaining certificate of land use rights. For affected houses and other structures, the valuation is based on the market prices of construction materials and labor costs to build a replacement house of equal or better quality and area to the affected one. For works partly or wholly affected by the Project, the compensation includes the market price of building materials plus costs for transportation, labor and contractor fees, registration fees and transfer taxes. Asset depreciation and value of salvaged materials are not deducted.

3.3 Comparison between Policies of the URT and World Bank on Land Acquisition and Resettlement

It was noted that there are conflicts or gaps between the OP/BP 4.12 and national legislation. These differences are presented at the Table below. It should be noted that, where there is a difference between national law and OP/BP 4.12, the latter will be applied for the subprojects.

Table 3.1: Comparison between the policies of the URT and the WB OB/OP 4.12

Content Tanzanian Law World Bank OP 4.12

Land owners The Land Acquisition Act, the Land Act PAPs are classified into three groups: 1999 and the Village Land Act 1999 (a) those who have formal legal rights

have it clearly that land owners, with or including customary and traditional

without formal legal rights , are entit led rights; (b) those who do not have

to full, fair and prompt compensation. formal legal rights to the land but have

They also get disturbance allowance, a claim to such land or assets provided

transport allowance, accommodation that such claims are recognized under allowance and loss of profit if they the law of the country; and (c) those

were in actual occupation of the who have no legal rights to the land

acquired property. they are occupying

Lost assets are limited to Land owners under categories (a) and “unexhausted improvements”, that is (b) above, are among the PAPs who

the land and developments on the are entitled to full, fair and prompt

land. compensation as well as other The law does not cover economic and relocation assistance.

social impacts of relocation and as Socio-economic impac ts to PAPs are

such socio-economic surveys are not taken into consideration in preparing

the RAP.

Land Tanzanian law does not recognize Tenants would be under category (b) tenants/squatters tenants as being entitled to above and are among the PAPs who

compensation are entitled to full, fair and prompt

compensation

Squatters may be paid compensation Squatters may fit category (c) above

on the whims of the government. and are provided resettlement

In some cases however they are not assistance in lieu of compensation for paid. This include those who construct the land they occupy as well as other


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on road reserves relocation assistance.

Land Users Tanzania law on compulsory OP 4.12 includes displaced persons

acquisition and compensation is limited who have no recognizable legal right

to those who can prove de jure or de or claim to the land they are occupying

facto land ownership. Users are not covered

Owner of non- Tanzanian law makes no differentiation Under the WB OP 4.12 permanent and

permanent/perma between owners of permanent and non-permanent buildings need to be

nent buildings non-permanent buildings. As long as compensated.

ownership can be proved Where however, the displaced persons compensation is payable. have no recognizable legal rights they

Determination of compensation is are to be provided with resettlement

based on the market value of the assistance in lieu of compensation for

property. In practice though, the the land they occupy, as well as other

depreciated replacement cost assistance.

approach is used, meaning that PAPs Cash compensation levels should be

do not get the full replacement cost of sufficient to replace the lost land and the lost assets. other assets at full replacement cost in

local markets.

Encroachers Person who encroaches on the area Person who encro aches on the area

are not entitled to compensation or any after the cut-off date are not entitled to

form of resettlement assistance. compensation or any form of

Encroaches have to demolish their resettlement assistance

asset without any compensation, if

refuse the authority concern will

demolish at their cost. It is strictly

prohibited to especially to build a

house or to plant permanent trees and

crops within the unauthorized areas

Timing of Tanzanian law requires that Displaced persons are provided

compensation compensation be full, fair and prompt. prompt and effect ive compensation at

payment Prompt means it should be paid within full replacement cost for losses of

six months, failure to do which attracts assets directly attributable to the an interest rate equivalent to the project

average rate offered by commercial

banks on fixed deposits.

Legally, compensation for the acquired

land does not have to be paid before

possession can be taken, but in

current practice it is usually paid before

existing occupiers are displaced. In practice, compensation is not paid

promptly most of the time, and delays

are not rectified paying the interest rate as required by the law.

Calculation of According to the Land Assessment of PAPs be provided with prompt and

compensation the value of Land for Compensation effective compensation at full

and valuation Regulations (2001) as well as the replacement cost for losses of assets

Village Land Regulations (2001) attributable direct to the project.

compensation for loss of any interest in Replacement cost is the method of

land shall include the value of valuation of assets that helps unexhausted improvements, determine the amount sufficient to

disturbance allowance, transport replace lost assets and cover allowance, accommodation allowance, transaction costs. Depreciation is not


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disclosure consultation and disclosure in PAPs, host communities and local

Tanzanian law. NGOs, as appropriate. Provide them

The notice, under the Land Acquisition opportunities to participate in the

Act, informs land owners about the planning, implementation, and President’s need to acquire their land, monitoring of the resettlement

and their right to give objections. The program, especially in the process of

Land Act allows disp laced persons to developing and implementing the fill in forms requiring that their land be procedures for determining eligibility

valued, and giving their own opinion as for compensation benefits and

to what their assets are worth. development assistance (as

documented in a resettlement plan), Since resettlement is not provided for

and for establishing appropriate and legally, there are no provisions about

accessible grievance mechanisms. informing the displaced persons about their options and rights; nor are they

offered choice among feasible resettlement alternatives.

Grievance Under Land Acquisition Act, where OP 4.12 provides that displaced

mechanism and there is a dispute or disagreement persons and their communities, and

dispute resolution relating to: (a) the amount of any host communities receiving them, compensation; (b) the right to acquire are provided with timely and relevant the land; (c) the identity of persons information, consulted on resett lement

entitled to compensation; (d) the options, and offered opportunities to

app lication of sec tion 12 to the land; participate in planning implementing

(e) any right privilege or liability and monitoring resettlement. conferred or imposed by this Act; (f) Appropriate and accessible grievance

the apportionment of compensation mechanisms must be established for

between the persons entitled to the these groups.

same and such dispute or

disagreement is not settled by the

parties concerned within six weeks

from the date of the publication of

notice that the land is required for a

public purpose the Minister or any person holding or claiming any interest

in the land may institute a suit in the

High Court of Tanzania for the

determination of the dispute.

In practice the government tries to

resolve grievances through public

meetings of the affected persons.

3.4 Project policy and entitlement

3.4.1 Principles and Objectives

Principles mentioned in WB OP/BP 4.12 used for the preparation of this RAP. The following principles and objectives will be applied:

(i) Policy objectives:

- Involuntary resettlement caused by sub-porjects within the Ilala Municipal should be avoided where feasible, or minimized, exploring all viable alternative subproject designs.

- Where it is not feasible to avoid resettlement, resettlement activities should be

conceived and executed as sustainable development programs, providing sufficient investment resources to enable the persons displaced by the subproject to share in the sub-project benefits. Displaced persons should be


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3.4.2 Project eligibility and compensation policy

(i) Eligibility Requirements for Compensation and Assistance

Those, who must change their residence or are affected by the subprojects are eligible for compensation, include: (a) those who have legal rights to land or other assets; (b) those who currently customary rights to land or other assets and (c) those who have no legal rights or declarations for legal land-use certificates for the land on which they are living.

Persons covered under (a) and (b) are compensated for their land and other affected assets at replacement cost and provided other assistance. Persons covered under (c) are given resettlement assistance in lieu of compensation for the land they occupy, and other assistance, as necessary, to achieve the objectives set out in this Policy, if they occupy the subproject area prior to a cut-off date determined in each RAP. Persons who encroach on the area after the cut-off date determined in each RP are not entitled to compensation or any other form of resettlement assistance (though they may be entitled to some support stipulated in current policies)

(ii) Cut-off date

The cut-off date of these subprojects is June 2014 Affected persons who move to the

subproject area after this time will not be entitled to receive compensation. They must relocate and/or dismantle their properties on requisitioned areas before the commencement of the subproject.

For household with affected residential land: (i) households with houses that are entirely

relocated (support for relocation of house and structure; allowance for stabilizing a household’s living; allowance for house renting; support for vulnerable group); (ii) for

households that have only part of the main house acquired assistance in order to restructure

their houses

Entitlement matrix which showing compensation, support and assistance and allowance

Table 3.2: Subproject Entitlement Matrix

Type of loss Type of impact Affected Compensation/Entitlement/Benefits

Persons

Agricultural land Less than 20% Farmer/ title Cash compensat ion for affected land

of land holding holder equivalent at full replacement value.

affected and Tenant/ lease Cash compensation for the harvest or product

remains holder from the affected land or asset, equivalent to

economically average market value of last 3 years, or

viable. market value of the crop for the remaining

period of tenancy/ lease agreement, whichever

is greater.

More than 20% Farmer / title Land for land replacement where feasible, or

of land holding holder. compensation in cash for the entire land

lost and does holding according to PAP’s choice.

not become Land for land replacement will be in terms of a economically new parcel of land of equivalent size and

viable. productivity with a secure tenure status at an

available location that is acceptable to PAPs.

Transfer of the land to PAPs shall be free of

taxes, registration, and other related costs.

Relocation assistance includes costs of

shifting; assistance in re-establishing

economic trees; allowance up to a maximum

of 12 months while short-term crops mature.

Tenant/Lease Cash compensation equivalent to average holder amount of the last 03 years market value for


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Type of loss Type of impact Affected Compensation/Entitlement/Benefits

Persons

subproject.

Alternatively, assistance to f ind

accommodation in rental housing or in a

squatter settlement scheme, if available.

Rehabilitation assistance if required

assistance with job placement, skills training.

Street vendors Opportunity cost compensation equivalent to

who are 02 months net income based on tax records

informal for previous year or tax records from

without title or comparable business, or estimates, or the

lease to the relocation allowance, whichever is higher.

stall or shop) Relocation assistance including costs of

shifting and allowance.

Assistance to obtain alternative si te to re-

establish the business.

Standing crops Crops affected PAPs whether Cash compensation equivalent to average of

by land owner, tenant, last 3 years market value for the mature and

acquisition or or squatter harvested crop.

temporary acquisition or

easement

Trees Trees lost Title holder Cash compensation based on type, age and

productive value of affected trees plus 10%

premium.

Temporary Temporary PAPs, whether Cash compensation for any assets affected Acquisition acquisition owner, tenant, (e.g. boundary wall demolished, trees

or squatter removed).

(iii) Valuation of losses:

Methods used for the valuation of losses in Bank funded projects are based on replacement costs. For this subproject, the losses consist of damages to land, structures and other assets. The replacement cost of land includes the land value as defined in accordance with the prevalent market price plus the fee for obtaining a certificate of land use rights. For affected houses and other structures, the valuation is based on the market price of construction materials to build a replacement house of equal or better quality and area to that affected. For works partly or wholly affected by these subproject, the compensation usually includes the market price of building materials plus costs for transportation, labour and contractor fees, registration fees and transfer taxes. Asset depreciation and the value of

materials that can be salvaged by PAPs, are not deducted from the compensation. Description on valulation method


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4. Institutional Arrangement

The implementation of the compensation, assistance, and resettlement requires the involvement of agencies at the national, regional, municipal, and ward levels. PMO-RALG

will take general responsibility for the compliance of the provisions in RAP while the Ilala Municipal Council is responsible for the implementation of this RAP.

4.1 National Level

Ministry of Land, Housing and Human Settlements Development (MLHHSD) is mandated to administer land and human settlement in Tanzania and shall be responsible for the followings:

(i) Endorsing RAP;

(ii) Endorsing assessment of compensation payment for land and un-exhausted improvement therein.

(iii) Ensuring compensation is paid or resettlement is undertaken as agreed at approved RAP;

(iv) Coordinating with PMO-RALG; Ilala Municipal Council; relevant utility agencies such as TANROAD; ward councils; public interest parties; Government gazette; and public media to undertake notification and participation in compulsory land acquisition;

(v) Coordinate with PMO-RALG; Ilala Municipal Council; relevant TANROAD; Ilala Municipal Council Resettlement Committee; ward councils; solicitors to undertake assessment of compensation payment for the dispossessed households & receipt of complaints.

(vi) Coordinate with PMO-RALG; Ilala Municipal Council; Ilala Resettlement

Committees; ward councils; solicitors to take possession of property; oversee demolition and resettlement.

4.2 Regional Level

PMO-RALG is the Executing Agency of the DMDP who shall assures overall coordination, planning, implementation, and reporting for the Project. Once the DMDP Loan Agreement is signed, a Regional Project Management Unit (RPMU) shall be established by the PMO- RALG to assist PMO-RALG in implementing and managing the overal DMDP, including resettlement activities. RPMU shall have key responsibilities relating RPs implementation as follows:

(i) Providing overall planning, coordination, and supervision of the RPs implementation;

(ii) Coordinating with MLHHSD to provide guidance and supports to Ilala MC; Ilala Project Management Unit (PMU); Ilala resettlement committee (MRC) to implement the RAP in accordance with the RPF and RAP; and advising Ilala MC to resolve timely and successfully any mistakes or shortcomings identified through internal and/or external monitoring of RAP implementation to ensure that objectives of RAP are met;

(iii) Finalizing RAP and obtaining MLHHSD and Ilala MC and WB's approval before RAP implementation;

(iv) Providing resettlement training to implementing agencies, all relevant RPMU

and MRC staff;

(v) Coordinating with other implementation agencies and relevant institutions


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(vi) Establishing a database of PAPs for each subproject, as well as for the Project as a whole;

(vii) Establishing procedures for ongoing internal monitoring and review of Project level progress reports and for tracking compliance to project policies;

(viii) Establishing procedures for monitoring coordination between contractors and local communities and for ensuring prompt identification and compensation for

impacts occurring during construction;

(ix) Recruiting, supervising, and acting upon the recommendations of the external monitoring organization;

(x) Establishing procedures for the prompt implementation of corrective actions and the resolution of grievances;

(xi) Reporting periodically on resettlement implementation progress to the WB.

4.3 Municipal level

Ilala Municipal Council (Ilala MC) is responsible for implementation and management of subprojects, including resettlement activities within its administrative jurisdiction as below:

(i) Approving final RAP and submit RAP to MLHHSD for endorsement;

(ii) Conducting notification and participation to PAPs on land acquisition and RAP implementation;

(iii) Coordinate with MLHHSD; utility agencies; land occupiers and local leaders to assess compensation payment for land and un-exhausted improvements therein;

(iv) Issuing decisions approving land valuations applied for compensation rates, allowances and other supports to PAPs, especially vulnerable groups, based on principles of the RAP;

(v) Approving budget allocation for compensation, support and resettlement;

(vi) Directing and supervising municipal relevant divisions to implement RP effectively.

(vii) Directing the redress and grievance committee and relevant agencies to settle PAPs’ complaints, grievances related to compensation, assistance and resettlement according to their law-prescribed competence;

(viii) Directing the relevant agencies to examine and handle the violations in the compensation, assistance, and resettlement domain.

Ilala Municipal Project Management Units (Ilala MPMU) will be established by Ilala MC to directly support Ilala MC to implement and manage all subprojects within the Ilala Municipal,

including resettlement activities as belows:

(i) Coordinate with Ilala MRC in updating, implementing and supervising RAP implementation;

(ii) Guiding Ilala MRC and relevant agencies to implement all resettlement activities in compliance with the approved RAP; and resolving any mistakes or shortcomings identified by internal monitoring to ensure that objectives of the RAP; and otherwise, to provide appropriate technical, financial and equipment supports to Ilala MRC and valuation surveyors.

(iii) Conducting, in combination with Ilala MRC; ward councils and NGOs, CBOs to conduct information campaigns and stakeholder consultations in accordance

with the Project guidelines; (iv) Coordinating with other line agencies to ensure delivery of restoration and

rehabilitation measures to PAPs;


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(v) Implementing internal resettlement monitoring, establishing and maintaining PAPs databases for each subproject in accordance with Project procedures and providing regular reports to RPMU;

(vi) Implementing prompt corrective actions in response to internal monitoring.

(vii) Receiving land hand-over and delivering land to the construction companies.

(viii) Periodically reporting to the PMO-RALG and WB on resettlement activities; Ilala Municipal Resettlement Committee (MRC) will support the Ilala MC in organizing and implementing the compensation, assistance, and resettlement. Ilala MRC shall be established by Ilala MC and shall have the following assignments:

(i) Together with members of the mission teams established for each project, ensure the accuracy and legality of compensation, assistance, and resettlement beneficiaries’ sources of the land, inventory data, and legality of assets associated with the affected land that may or may not be eligible for compensation or support.

(ii) Solving petitions of compensation and assistance beneficiaries relating to the compensation, assistance and resettlement plans, and report to the district city the cases out of their competence.

(iii) Giving instructions to the employer and local governments to implement payment for compensation, assistance, and resettlement.

(iv) Monitor and report on regular basic the RP implementation to MCs, PMUs and relevant agencies.

(v) Implement public disclose, public consultation and participation

(vi) Make payment (compensation, allowance, etc.) to PAPs

(vii) Keep record of document, material relating to RP implementation.

(viii) Coordinate with valuers to value land, assets, etc. of PAPs

Ilala Municipal Redress and Grievance Committee: will support PMO-RAGL, Ilala Municipal Council, and ward offices as well as the PAPs in settling relevant disputes.

Subprojects Ward Councils: will assist the Ilala MRC in their resettlement tasks. Specifically, the Ward Councils will be responsible for the following:

(i) In co-operation with Ilala MRC and local mass organization to inform PAPs about the objectives for land acquisition, and the subproject policy of compensation, assistance and resettlement.

(ii) Coordinating with agencies in charge of compensation, assistance, and resettlement implementation to guide PAPs in enumerating and certifying their

inventory of land and assets associated with land. (iii) Preparing and taking responsibility for the accuracy of the copies of documents

concerning land sources, family members, registered members, beneficiaries of social policies, and proposals for resettlement of PAPs.

(iv) In coordination with Ilala MRC and Ilala PMUs implementing payment of compensation, assistance and resettlement for PAPs and ensuring good conditions for the Project's site clearance.

(v) Assist in the resolution of grievances; and actively participate in all resettlement activities and concerns.

Non-Government Organizations (NGOs) and Community Based Organization (CBOs): will

assist Ilala MC; Ilala MRC; Ward Councils and IMC to implement the followings: (i) Participating in preparation: updating and implementation of RAP.


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6. Cost and Budget

The budget for resettlement will be funded by PMO-RALG through the Local Authority budget

allocated sufficiently and timely based on schedule of sub-project resettlement

implementation.

Revised Total estimated direct compensation costs of the affected properties is

TShs6,682,962,673.00/= as indicated on Table 6.1 below, the same is equivalent to 3,065,579

USD (i.e. 1 USD = 2180 TShs.).

Table 6.1: Reviced Valuation Summary

No. OF TOTAL FAIR COMPENSATION SN WARD

PROPERTIES (T.SHS)

1 KIWALANI 209 2,277,100,716.98

2 UKONGA 461 2,523,505,923.56

3 GONGO LA MBOTO 180 1,404,894,032.45

4 KIMANGA 54 477,462,000.00

GRAND TOTAL 904 6,682,962,673.00


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accordance with the traditional cultural of the locality, taking into account gender issues,

social justice and the principle of equality.

7.2.1 Consultation and participation during the IUUS preparation

Objectives. The objective of the consultation meetings with the 11 communes in November 2013 is to provide information, as much as possible, of the sub-project to the affected people, discuss and gather their comments on project issues, specifically

(i) subproject description: location, size and scope of impacts

(ii) presentation and discussion with affected households on the subproject’s policies, those

eligible for compensation and resettlement assistance.

(iii) presentation and discussion with affected households on the subproject implementation plan;

(iv) presentat ion and discussion with affected people on the grievance redress mechanism;

(v) presentation and discussion with the affected people on issues related to ethnic

minorities, gender, restore income, livelihood and other support policies.

Method. The method used in the consultation process with affected people by the subproject complies with the two-way exchange of information between the community and advisory groups. It will promote the neutrality to ensure and encourage participation of the affected

people. There is a mechanism to provide feedback on the people’s opinions, perceive all the reasonable ideas, and give reasons to those opinions that are not relevant.

Organize consultation meeting in three wards with participants including the affected households, representatives of beneficiaries, resettlement specialists, gender specialists and representatives of NGOs/CBOs. Contents to be consulted include:

(i) Meetings with the affected people including men and women to disseminate general

information and discuss on issues of resettlement and environmental impacts as well as mitigation measures.

(ii) Detailed interviews on topics of resettlement procedures,valuation and regulations on

RAP

(iii) The participation of local authorities (Ilala MC, wards of Kiwalani, Ukonga, Gongo la

Mboto) to explain and understand the issues raised by local residents.

Resettlement Consultant has held a consultation meeting with PAPs in each affected wards by the sub-projects in Ilala Municipality. The list of participants is given on Annex 7.1. The results of the consultation meetings are tabulated below:

Table 7.1: The Key Issues Discussed During the Consultation Meetings

Consultation Key Issues Discussed

Location: KIWALANI Road accidents will increase therefore safety of the road should highly

be considered; Date: 24/11/2013 Attendance: 150 people Resettlement of properties and the valuation process should be clear

to the PAPs

Impact on child labour, children should not be allowed to work in the

project.

Their norms and traditions will be affected as there will be more

interactions.

The road width should be marked so as to prevent encroaching the

road reserve.

Positive impacts such as employment, trade, transport will increase as

well.

Location: MONGO LA Compensation process should be done properly following all the laws NDEGE and regulations.

C i i f h li ibili f i h ld b l i d h


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Consultation Key Issues Discussed

Date: 25/11/2013 PAPs.

Attendance: 89 people Compensation of community assets and the form of their

compensation should be open to the community as well.

Mitigation of negative impacts to reduce the severity of the impacts.

Location: MARKAZ Project Impacts: positive impacts-access to health facilities, efficient

transport, access to markets, these and more will result from Date: 26/11/2013

upgrading the Infrastructures Attendance: 130 people:

Compensation (including of community assets), mode and timing of

payment.

Negative impacts: transmission of diseases; population growth, land

shortage and conflict; child labor and accidents

The road should be up to standards.

Location; MWEMBE Compensation process should be done properly following all the laws

MADAFU and regulations. Date 27/11/2013 Criteria for the eligibility for compensation should be explained to the

PAPs. Attendance: 205

Compensation of community assets and the form of their



Location; GONGO LA Compensation process should be done properly following all the laws

MBOTO and regulations.

Date 28/11/2013 Criteria for the eligibility for compensation should be explained to the

PAPs.

Attendance: 220 Compensation of community assets and the form of their



Location; GULUKA Compensation process should be done properly following all the laws

KWALALA & ULONGONI and regulations.

Date 29/11/2013 Criteria for the eligibility for compensation should be explained to the

PAPs. Attendance: 350

Compensation of community assets and the form of their



Source: UWP-SAI, (November 2013)

7.2.2 Consultation and Participation mechanisms during implementation of RAP

Public consultation and participation of community is encouraged throughout the subproject cycle. In implementation phase, Ilala MPMU in combination with Ilala MRC and ward offices is responsible for dissemination of subproject information translated into local languages (if necessary) using various media such as organizing seminars, presentations, and public meetings where subproject affected people and beneficiaries are invited. Ilala MPMU will distribute the PIB and other documents of the subproject to affected people. Participants are freely to give feedbacks after they knew about the subprojects. They can comment about the

technical parameters and subproject impacts of different alternatives, and about resettlement and compensation measure of the subprojects.


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All the community has rights to monitor not only the construction of the project but also the implementation of the RAP (see Chapter nine Monitoring and Evaluation), and some of them may join the Community Monitoring Board of the wards to monitor the implementation process. They can make grievance if they find any illegal actions or things they disagree as specified this RAP


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8. Redress and Grievance Mechanism

The Land Disputes Settlement Act, 2002, elaborates land disputes settlement in Mainland Tanzania where the judicial organs for land dispute resolution are as belows:

(i) Village Land Council

(ii) Ward Tribunal

(iii) District Land and Housing Tribunal

(iv) High Court (Land Division)

(v) Court of Appeal of Tanzania.

Village Land Council is empowered under Section 7 of the Act to:

(i) Receive complaints from parties in respect of land;

(ii) Convene meetings for hearing of disputes from parties;

(iii) Mediate between and assist parties to arrive at a mutually acceptable settlement of disputes on any matter concerning land within its area of jurisdiction.

Ward Tribunal receives appeals and references from the Village Land Council. Under Section 13 (3) of the Act, when carrying out mediation, it is required to take consideration of:

(i) Any customary principles of mediation;

(ii) Natural justice in so far as any customary principles of mediation do not apply;

(iii) Any principles and practices of mediation in which members have received training.

Under the sub-projects all PAPs are entitled to and should be supported to solve their queries, complaints and grievances concerning the subproject implementation including but not limited to: (i) entitlements to compensation; (ii) compensation policy; (iii) unit prices; (iii) land acquisition; (iv) resettlement and other entit lements related to the recovery support programs. Complaints and grievances also concern issues related to construction safety and nuisances caused by construction. Grievances will be handled through negotiation aimed at achieving consensus. Complaints will pass through 03 stages before they could be elevated to a court of law as a last resort. The complainants will be exempted from all administrative and legal fees that might be incurred in the resolution of their grievances and complaints.

Stage 1: An aggrieved PAPs may bring his/her complaint to any member of the Ward Council, in writing or verbally. It is incumbent upon said member of Ward Council to notify the Ward Council about the complaint. The Ward Council will meet personally with the aggrieved PAPs and will have 03 days following the lodging of the complaint to register it. The Ward Council secretariat is responsible for documenting and keeping file of all complaints that it handles. Time limit for handling complaints for the first time not exceeding 15 days from the date of registration. If the complainants do not agree with the settlement decisions, they may initiate a lawsuit court or complain to the Ilala Municipal Council.

Stage 2: If persons with related interests and obligations disagree with those administrative decisions or administrative acts, they may file complaint to the Ilala Municipal Council, the Ilala Municipal Councilor shall handle the complaint within 30 days and decisions of the Municipal Councilor shall be made public and sent to the complainant and other persons with

related interests and obligations. Within (05) days from the date of receipt of settlement decisions of the Municipal Councilor that the complainant does not agree with the settlement


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decision, they may initiate a lawsuit court or complain to the PMO-RALG. Division receiving the complaint shall be responsible for recording the entire track of settling complaints.

Stage 3: If persons with related interests and obligations disagree with the administrative decisions or administrative acts of the Ilala Municipal Councilor, they may file a complaint to the PMO-RALG. Chairman of the PMO-RALG shall resolve the complaint within 45 days. Complaint settlement decisions of the PMO-RALG shall be made public and sent to the

complainant and other persons with related interests and obligations. Within five (05) days from the date of receipt of settlement decisions of the PMO-RALG that the complainants do not agree with the settlement decision, they may sue in Court. Division receiving the complaint shall be responsible for recording the entire track of settling complaints.


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9. Monitoring and Evaluation

9.1 Monitoring and Reporting

The objective of monitoring is to provide the World Bank, PMO-RALG, Ilala MC and relevant stakeholders with feedback on RAP implementation and to identify problems and successes as early as possible to allow timely adjustment of implementation arrangements. Areas relating to the effectiveness of RAP implementation, include the physical progress of resettlement and rehabilitation activities, the disbursement of compensation, the effectiveness of public consultation and participation activities, and the sustainability of income restoration and development efforts among affected communities should be monitored and reported internally by Ilala PMU and externally by qualified specialists, and integrated into the overall subroject management process.

9.2 Internal Monitoring

The Ilala PMU is directly responsible for internal monitoring of RAP implementation. In particular, the Ilala MC with the assistance from the assigned internal monitoring specialist (IMS) will supervise and manage the monitoring of resettlement activities and implementation arrangements.

The Ilala PMU will provide quarterly reports to PMO-RAGL, Ilala MC, and World Bank. The Ilala PMU will ensure that the reports of the IMS included in their progress reports, the status of the RAP implementations, information on locations and numbers of affected people, compensation amounts paid by item, and assistance provided to PAPs.

The range of activities and issues that need to be recorded and verified, include:

- Compensation, allowance payments and delivery of assistance measures;

- Reestablishment of PAPs’ settlements and business enterprises;

- Reaction of PAPs, in particular, to resettlement and compensation packages; and

- Reestablishment of income levels.

a. Internal Monitoring Indicators

The principal indicators for internal monitoring of resettlement activities include the following, conducted by the IMS:

- Timely and complete disbursement of compensation to PAPs according to the compensation policy agreed in the RAP;

- Timely and complete delivery of relocation, income restoration and rehabilitation allowances and measures;

- Allocation of replacement land and development of individual and/or group resettlement sites and infrastructure;

- Public information dissemination and consultation procedures;

- Adherence to grievance procedures and identification of outstanding issues that require further attention and resolution;

- Attention given to the priorities of PAPs regarding the options offered; and

- Completion of resettlement activities required before the award of civil works

contracts.


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b. Internal Monitoring Data Collection and Report

The Ilala PMU will establish databases for resettlement monitoring data. It will establish procedures for the collection of data on a monthly basis, and update the database.

On a quarterly basis, the Ilala PMU will prepare a resettlement monitoring report and submit to the RPMU who will then consolidate all internal monitoring reports and quarterly verification external reports and submits to World Bank. The PMO-RALG will notify World

Bank of approval by the Ilala MC of any changes, as required, to the implementation of the RAP. The scopes of the report will include:

(i) The number of PAPs by category of impact, wards and sub-ward, and the status of compensation payments, relocation of PAPs and income restoration measures for each category.

(ii) The status of disbursement of cash and allocation of replacement land and housing.

(iii) The amount of funds allocated and disbursed for: a) resettlement program operations; and b) compensation, assistance, and resettlement activities.

(iv) The activities, levels of participation, outcomes, and issues of the Information Dissemination and Consultation Program.

(v) The status and outcomes of complaints and grievances and any outstanding issues requiring further attention by Ilala MC, PMO-RALG or World Bank assistance.

(vi) Implementation problems, including delays, lack of personnel or capacity, insufficient funds, etc. and proposed remedial measures; and, revised resettlement implementation schedule.

9.3 Independent Monitoring Consultant

The main aim of external monitoring is to verify results of internal monitoring. In addition, the

subproject will establish a program for external monitoring and evaluation that includes the following specific objectives:

(i) To verify that the RAP have been implemented in an accurate and timely manner, in accordance with the approved RP and Project policies and objectives.

(ii) To assess whether and to what degree the RAP have achieved the Project objectives, namely that PAPs are able to restore their livelihoods, incomes and standards of living to levels equal to, if not better than that before the subproject.

(iii) To identify problems or potential problems and methods of mitigating problems

in a timely manner. IMC will be recruited by the RPMU and commence work prior to the DMS. The IMC will continue to carry out quarterly independent reviews of the implementation of RP to determine whether intended goals are being achieved, and if not, what corrective actions are needed.

a. External Monitoring Objectives, Indicators and Issues

The general objective of external monitoring is to provide an independent periodic review and assessment of: (i) the achievement of resettlement objectives; (ii) changes in living standards and livelihoods; (iii) the restoration of the economic and social conditions of PAPs; (iv) the effectiveness, impact and sustainability of assistance measures; (v) the need for further mitigation measures, if any; and, (vi) to identify strategic lessons for future policy formulation

and planning. The indicators to be included in the external monitoring of the RAP are as belows. The IMC will address specific issues including the following:


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ANNEX 2.1 SOCIO-ECONOMIC DATA SURVEY QUESTIONNAIRE


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GENERAL

1. The respondent of the interview is:

Head of household (man)

Head of household (woman) Wife of household

Son of head of household

Daughter of head of household

Father of the head of household

Mother of the head of household

Worker/labourer

Other (specify)

2. How many people in the household have been educated to the following levels: Number

No education/ no response

Primary school

Secondary school

Further education

Other (specify)

3. What is the household’s single main occupation / economic activity?

No answer/don’t know/not sure

Livestock production Crop production

Livestock/crop (not able to separate)

Trade/privates

Other (specify)

4. How much do you spend on the following items:

Item Amount per As percent of month monthly expenditure

Rent

Food consumed

School/college fees

Medical expenses

Telephone

Transport

Water

Electricity

Send money to family elsewhere


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5. How many of the following assets are owned by your household:

Assets Number Estimated Current Value Tshs

House

Cart Hoe

Motorcycle

Boat

Bicycle

Ploughs

Tractor

Sewing Machine

Land (acres/hectares)

Refrigerator

Generator

Trolley

Kerosene Stove

Radio

Water tank

Furniture (tables, chairs, beds)

Improved charcoal stove

HOUSEHOLD MOVEMENT

6. Were you born here?

Yes

No

7. Did the household migrate here from another area to this place?

Yes

No

8. If yes, in which year did you migrate?

(Note year and work out number of years)

Year: 19 ________ Total years

9. If yes where were you living before?

Division


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Ward _________________________

Sub Ward ________________________

10. Why did you move / settle here?

Don’t know/don’t remember/no response

Overcrowding where respondent used to be

Land easy to obtain here

Joined settlement scheme

More water here

Better infrastructure and facilities (e.g. shops, markets, etc)

Came to join relative/friends

Better climate

Other (specify)

Household members includes any persons who share the same food /fire /

cooking.

11. Number of people who live in this household (DO NOT include children away at

boarding school, nor those working elsewhere elsewhere, but DO INCLUDE those who may be away visiting but who normally live here)

N.B. Adults = 15 years and above Children = 14 years and below

NUMBER

MALE FEMALE

Family member: Adults

Family members: Children

Non-family: Adults

Non-family: Children

12. How many family members are living away from here? (List only those who are away because of school, employment, etc.

do not include married daughters) MALE FEMALE

TOTAL NUMBER


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WATER RIGHTS AND USAGE PATTERNS

13. Where does the household obtain it’s water for domestic use:

Wet Season Dry Season

River/Stream

Spring Dam/Swamp/Pond/Charcos

Shallow well

Borehole

Piped System

Roof catchment

Other

Other (specify)

14. How far is the source from the household?


0-1 km

1-2 km

2-5 km

5-10 km

>10 km

15. How long does it take to get there and back? (Including time for queuing and collection)


0-½ hr

½ - 1 hrs

1-2 hrs

2-5 hrs

> 5 hrs

16. Are different sources used for different purposes?

Yes

No

17. Are any existing water sources not used?

Yes

No


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18. If Yes, why?

Don’t know/ no response

Water does not taste good

Source is unreliable

They are dirty/contaminated/ too salty

Other (specify) CODE

19. Who is responsible for collecting the water?

(Tick all responses as applicable)

Adult women

Adult men

Teenage girls

Teenage boys

Children

Labourers

20. How much water is collected each trip?

Amount Wet Season Dry Season

Jerry cans (20 L)

Drums (200 L)

Recorder:

Wet Season Dry Season Calculate total water collected in litres

21. What means of transport is used to bring the water home?

Carried by hand, head or on back

Donkey/oxcarts

Handcarts/ tractors

Bicycle

Other (specify)

22. Who is responsible for the upkeep of those sources, and the immediate surrounding

areas?


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23. In order of priority to the household, what are the uses of water (i.e. list the order in

which answers are given by respondent)

Domestic (drinking, cooking, bathing, washing)

Livestock

Irrigation

Other (specify)

24. What are the household’s major problems concerning water?

(tick as many as they mention)

No enough/ no water available

Takes too long to collect (source far away)

Too many people using same source

Water is contaminated/ dirty

Other (specify)

COMMUNITY PARTICIPATION AND WILLINGNESS TO PARTICIPATE

25. Are you willing to contribute towards the project?

Yes

No

26. If YES, in what way

In cash

In kind

In labour

By giving time

Other (specify)

27. Have you ever contributed to any type of project before?

Yes

No

28. If YES, in what ways:

In cash

In kind

In labour

By giving time

Other (specify)


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Provide skilled staff

Other (specify)

HEALTH, HYGIENE AND HEALTH EDUCATION

35. What diseases are the most common diseases suffered in you household?


Malaria

Stomach problems/diarrhoea

Skin diseases

Eye infractions

Flu, colds, coughs

TB

Toothache

Vomiting

Worms

Blood in urine

Fever

Accidents (wounds, broken bones)

Other (specify)

36. What do you do to treat the illness / disease?


Medicines, tablets etc from shops

Local medicines, herbs, etc Go to clinic/ hospital

Go to herbalist/ witch doctor

Other (specify)

37. What type of latrine does the household have?

Flush toilet- working

Flush toilet – not working

Pit latrine- working and in use

Pit latrine- abandoned, not in use

No toilet in house or compound

38. If the household do not have a latrine, where do people go?

Indiscriminate (in the garden/ bush)

Public toilets

Neighbours, hotels, etc

Others (specify)

Final Rap-dmdp Ilala Mc Edited

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