THE UNITED REPUBLIC OF TANZANIA - World Bankdocuments.worldbank.org/curated/en/... · The...

THE UNITED REPUBLIC OF TANZANIA

PRIME MINISTER'S OFFICE REGIONAL ADMINISTRATION & LOCAL GOVERNMENT

( PMO – RALG), DODOMA, TANZANIA

LOCAL GOVERNMENT SUPPORT PROJECT

(IDA CREDIT No. 4003-1-TA)

RESETTLEMENT ACTION PLAN (RAP)

FINAL REPORT

(ANNEXURE ‘A’ OF ESIA REPORT)

FOR

TANZANIA STRATEGIC CITIES PROJECT – MBEYA CITY COUNCIL

MARCH, 2010

SMEC INTERNATIONAL PTY LIMITED, AUSTRALIA

IN ASSOCIATION WITH

MAKCONSULT

Pub

lic D

iscl

osur

e A

utho

rized

Pub

lic D

iscl

osur

e A

utho

rized

Pub

lic D

iscl

osur

e A

utho

rized

Pub

lic D

iscl

osur

e A

utho

rized

Pub

lic D

iscl

osur

e A

utho

rized

Pub

lic D

iscl

osur

e A

utho

rized

Pub

lic D

iscl

osur

e A

utho

rized

Pub

lic D

iscl

osur

e A

utho

rized

wb371432

Typewritten Text

RP913 v5

`

Tanzania Strategic Cities Project – Mbeya City Council RAP Final Report - March 2010

Page | ii

EXECUTIVE SUMMARY

Introduction The Government of the United Republic of Tanzania (GoT) has received a credit from the International Development Association (IDA) towards the cost of the Local Government Support Project (LGSP). It is intended that part of the proceeds of the credit will be used to cover eligible payments under contract for Provision of Consultancy Services for Preparation of Preliminary and Detailed Engineering Designs, Cost Estimates and Bidding Documents, and Environmental and Social Impact Assessments for the Investment Sub-Projects in Mbeya City council under proposed Tanzania Strategic Cities Project (TSCP). Mbeya City Council commissioned SMEC International as a consultant to carry out detailed environmental and social impact assessment (ESIA)

Project Description and Location Generally the project comprises of twenty one (21) subprojects. Seventeen subprojects are road improvement projects, one bridge linking Ilemi and Iganzo, Bus/Lorry parking area adjacent to Nane-Nane Exhibition ground at Uyole and a solid waste landfill at Ntundu Street.

Upgrading of approximately 35 km of existing earth and gravel roads to asphalt concrete or double surface dressing (bitumen surfacing); including vertical and horizontal alignments, pavement design, drainage structures, street lights etc.

Construction and installation of one (1) Bailey bridge (approximately 6 m span) with associated structures

Construction of several new bus and lorry parking areas (30,000 m²); including pavement design, concrete interlocking paving block surfacing, lighting, drainage and other associated structures.

Construction of about 3 km of murram access and inner roads for the existing dumpsite for solid waste disposal including drainage structures and boundary chain-link fence

Acquisition of a package of solid waste management equipment (skip loaders, skip buckets, skip pads, side loaders, tipper/trucks, tractor, excavator, refuse street containers/collection centres, compactors, weighbridge, truck washing equipment, etc)

Compensation Policy and Legal Framework A study has been conducted in respect of national and international policies and legal frameworks abiding Resettlement Action Plan (RAP) which include National Human Settlements Development policy (2000), National Land Policy (1995), land Act of 1999, Land acquisition Act, No 47 of 1967, Road Act 2007, Valuation Regulation, Land (Assessment of the value of land for compensation) regulations, 2001, and World Bank OP 4.12.. With the above mentioned guidelines, RAP team is aware that there are gaps between National Laws and World Bank policies, then the analysis was done and gap bridges were discussed, such project intervention should provide minimum impacts to the community and avoid unnecessary demolishing or displacement. Base line information RAP study was conducted in 11- 20 November 2009, Socio economic study results revealed that all affected people are basically farmers though five people are involved in both farming and businesses. Few of the affected people are employed either by government or private sector. The economy of the area is characterized by the subsistence sector, with low productivity and with a dependency on climatic soil factors. The economy/livelihoods of the populations along the road line include:

Household or subsistence crop production (agriculture) Small commercial businesses (negligible). There are people along the route who sell

cereal crops such as maize, beans, banana, sweet potatoes sunflower cooking oil and groundnuts during the harvest period

employment in either formal or informal sector Livestock mainly to meet household requirements but also for selling mainly chicken. Harvesting and selling of natural forest wood for firewood, brick making and for construction

purposes is also another source of income along the route

`


Page | iii

Three land tenure system is practiced along the route; government allocation, buying and inheritance. As shown in field survey data 41.2% of the affected households obtained land through government allocation in early 1970s, followed by 35.3% who bought land from individual landlords with extra land to expose off. Seventeen percent inherited land from their parents and an insignificant population (5.9%) accessed land through long term borrowing from landlords who have extra unused land. Institutional arrangements The RAP Policy will be implemented in the context of the following administrative framework: (a) LGA has the overall responsibility for planning and implementing all activities under the Policy

Framework. It will guide, supervise and report on progress and will handle resettlement issue requiring actions and coordination at various levels. Tan roads will have the overall control and management of the project resettlement budget.

(b) Ministry of infrastructure through Tan roads will provide funds for the resettlement program for the Project from budgetary allocations. Tan roads will monitor and supervise the implementation of land acquisition and resettlement activities. Responsibilities of Tan roads will include planning, coordination of field implementation, financial control, information exchange and inter-agency liaison, internal inspection and day-to-day monitoring. Also, there will be independent external evaluation.

(c) City Council in liaison with the local Government will carry out resettlement activities such as the identification, census and socio-economic surveys, dissemination of information to DPs, establishment of transparent mechanisms for land valuation and grievance redress, and administration of all compensation related matters.

(d) An independent Grievance Committee will handle grievances regarding resettlement. The

Grievance Committee will resolve grievances; however, if the attempt fails to resolve the grievance, then the parties may take legal action through the courts to determine the matter as stipulated under Section 156(4) of the Land Act No.4 of 1999.

Complaints & grievances One of the activities that will carry out during the second round of PAP consultations is to show

each PAP the amount of compensation and how the figure was arrived at. The team also will discuss with the PAPs available mechanism for expressing dissatisfaction and seeks redress for those who will be dissatisfied. The grievance procedure will be simple, administered in the first instance at the local level to facilitate access, flexible and open to various proofs taking into account for speedy, just and fair resolution of their grievances. Mechanism of Appeal

Public participation is always encouraged in the process of compiling and implementing of the Resettlement Action Plan (RAP). Otherwise there will be some unforeseeable problems occurring in the process. In order to solve problems effectively and ensure the project construction and land requisition is carried out successfully, a transparent and effective grievance and appeal channel will be in place. The basic procedures for grievance include the following steps.

Complaints Treatment Procedures

In the event that an affected person is not satisfied with the compensation package or the resettlement process, such grievances will be addressed initially through mediation with the Client. The aggrieved person will first report his/her case to the street and Ward Executive Committees and the committees may seek clarification from the Client (Municipal council). If these parties are unable to resolve the matter, the complainant can consult Social Services Committee at the District level which may choose to constitute a Grievance sub-Committee to deal with specific grievance. This sub-committee will generally comprise members of the existing Social Services Committee, one representative each from the Ward and street Administrations, one representative from the PAPs, and a leader from the local PAPs community.

If further mediation is necessary, this may be conducted by the Regional Secretariat. If still no agreement is reached, then legal recourse may be taken. Since legal procedures take a long time to settle, often PAPs tend to be disadvantaged in long process and it is for that reason that Social

`


Page | iv

Services Committee should be vigilant to resolve issues at an early stage. The aggrieved person will be exempted from any legal and administrative fees incurred during grievance redress. Implementation process and schedule Compensation and resettlement is to be coordinated by the implementing agency (Mbeya City Council). There will be also collaboration with other stakeholders like Mbeya Regional Authority wards, streets. RAP will span from January 2010 when Second Round Trip consultation were carried out by the Consultant and it is anticipated that the impacted corridor of impact shall be available in full for construction activities by the end of July 2010 Cost for the implementation of the actual resettlement has been included in full costs of the project activities. It is expected most of the resettlement activities (up to the physical relocation stage) will be implemented and completed before the start-up of the construction works. The proposed timeframe for implementation of the project is as presented in table below. Dislocation and resettlement schedule (2010)

Framework operations Period 2010

January February March April May June July on wards

1 Approval of the Valuation Report for Corridor of Impact

XXXXX

2 Approval of Compensation Schedule

XXXXX

3 Second Round Trip PAPs‟ Consultation

XXXXX

4 Opening of Bank accounts-

XXXXX

5 Depositing Compensation monies into PAPs‟ Accounts

XXXXXX XXXX

6 PAPs‟ vacate sites XXXX XXXX XXXX XXXX

7 Monitoring on PAP vacation by Client

● ● ●

8 Disclosure XXXX

Costs

A breakdown of estimated compensation costs, provided through the inspection and valuation exercise undertaken is provided in final section of the RAP document after the approval of the valuation report. The total compensation cost is estimated at Tshs 104,075,745 plus an assumed contingency of 10%. A total of TZS 2.5 million is budgeted for RAP monitoring and evaluation. The total indicative implementation cost for the RAP, including the 10% contingency, is therefore Tshs 114,483,320 as summarized below:

`


Page | v

Table: Resettlement Budget

Component

Resettlement cost (TZS)

Compensation for buildings 97,730,500

Allowances 5,298,845

Crops 1,046,400

Sub total 104,075,745

Contingency 10% 10,407,574.5

Grand Total 114,483,320

Consultation with the Council on the ESIA

We had a meeting with the council on 17.11.2009 regarding the ESIA findings. Among other things the council confirmed the followings: The cutoff date for compensation is by June 2010; Confirmed the program as indicated in this RAP report; and In addition to Tanzanian regulations, WB Standards has been applied to compensate loss of

livelihood, and disturbances allowances and provision of surveyed plots.

`


Page | i

Table of Contents

1 RESETTLEMENT ACTION PLAN (RAP) ........................................................................... 1

1.0 Introduction .......................................................................................................................... 1

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

1.2 Proposed Tanzania Strategic Cities Project (TSCP) ....................................................................... 1

1.3 Objective of Resettlement Action Plan ........................................................................................ 2

1.4 Methodology ........................................................................................................................ 2

1.5 Development of data collection tools .......................................................................................... 2

1.6 Data collection methodology .................................................................................................... 3

1.7 Data collection Timing ............................................................................................................ 6

1.8 Project Description ................................................................................................................ 6

1.9 Spatial and Administrative context ............................................................................................. 7

2 CENSUS AND SOCIO-ECONOMIC SURVEYS FOR „PAP‟ ........................................................... 12

2.1 Census and Socio-economic Survey for PAPS .............................................................................12

2.2 Socio-Economic Situation of the PAPs‟......................................................................................13

2.3 Language ..........................................................................................................................13

2.4 Household Composition ........................................................................................................13

2.5 Working age and dependency ratio ..........................................................................................13

2.6 Vulnerable members among the affected households ...................................................................14

2.7 Main Occupation of Affected people .........................................................................................14

2.8 Land tenure ........................................................................................................................15

2.9 Livestock keeping ................................................................................................................15

2.10 Livelihood ...........................................................................................................................15

2.11 Business engagement ...........................................................................................................16

2.12 Sources of income ................................................................................................................16

3 RESETTLEMENT POLICIES AND LEGAL FRAMEWORK .......................................................... 22

3.1 Introduction .........................................................................................................................22

3.2 National Land Policy (1995) ....................................................................................................22

3.3 National Human Settlements Development Policy (2000) ...............................................................22

3.4 Land Act of 1999 .................................................................................................................22

3.5 Land Acquisition Act, No 47 of 1967 .........................................................................................23

3.6 Road Act 2007 ....................................................................................................................23

3.7 Valuation Regulation ............................................................................................................24

3.8 Town and Country Planning Ordinance .....................................................................................24

3.9 Land (Assessment of the Value of Land for Compensation) Regulations, 2001 .....................................24

3.10 Gap Analysis of National Laws vis-à-vis World Bank Policy .............................................................25

3.11 Bridging the Gaps .................................................................................................................26

`


Page | ii

3.12 Land indemnification .............................................................................................................26

3.13 Loss of profit compensation for businesses to be relocated .............................................................27

3.14 Loss of rental Income ............................................................................................................27

Entitlement Matrix for the project PAPs ...............................................................................................27

4 RESETTLEMENT SITES ..................................................................................................... 29

5 INSTITUTIONAL ARRANGEMENTS ...................................................................................... 30

5.1 Key stakeholders and vulnerable groups ....................................................................................30

5.2 A strategy to ensure participation of all stakeholders ......................................................................30

6 INCOME RESTORATION .................................................................................................... 31

7 IMPLEMENTATION SCHEDULE ........................................................................................... 32

8 COSTS AND BUDGET ....................................................................................................... 33

8.1 Resettlement Budget .............................................................................................................33

9 PUBLIC PARTICIPATION AND CONSULTATION ..................................................................... 34

9.1 Approach ............................................................................................................................34

9.2 Objectives of Public Participation and Consultation .......................................................................34

9.3 Public Consultative and Participatory meetings ............................................................................34

9.4 Views and Concerns from Stakeholders .....................................................................................34

9.5 Consultation with the Council on the ESIA ..................................................................................37

10 GRIEVANCE PROCEDURES ............................................................................................... 38

10.1 General ..............................................................................................................................38

10.2 Mechanism of Appeal ............................................................................................................38

10.3 Complaints Treatment Procedures ............................................................................................38

11 MONITORING AND EVALUATION ........................................................................................ 39

11.1 Evaluation ..........................................................................................................................39

11.2 Methodology of Monitoring and Evaluation ..................................................................................40

12 CONCLUSION .................................................................................................................. 42

13 RECOMMENDATIONS ....................................................................................................... 43

`


Page | iii

TABLE 1 PROPOSED SUB PROJECTS DESCRIPTIONS ............................................................................................... 7 TABLE 2 THE AMENDED AND NEW ROAD SUBPROJECTS DESCRIPTIONS ............................................................. 10 TABLE 3: SUMMARY OF TYPES OF PAPS ............................................................ ERROR! BOOKMARK NOT DEFINED. TABLE 4 COMPARISON OF WORLD BANK/MCC AND TANZANIA POLICIES .................................................................. 25 TABLE 5: ENTITLEMENT MATRIX AS PER WORLD BANK OP 4.12 .................................................................................. 28 TABLE 6: DISLOCATION AND RESETTLEMENT SCHEDULE (2010) ................................................................................. 32 TABLE 7: RESETTLEMENT BUDGET ............................................................................................................................... 33 TABLE 8: COMMENTS AND RESPONSE DURING THE CONSULTATIVE MEETING .......................................................... 35 TABLE 9: MONITORING INDICATORS FOR SOCIO-ECONOMIC CHANGES DURING RAP AND POST PROJECT

IMPLEMENTATION ................................................................................................................................................. 41 Figure 1 Gender Of Head Of Household Of Affected People ............................................................................................. 13 Figure 2 Working Age Groups And Dependency Ratio ....................................................................................................... 14 Figure 3 Existing Land Tenure Systems ............................................................................................................................ 15 Figure 4 Nature Of Business Conducted Along The Row .................................................................................................. 16 Figure 5 Improvements Expected By Respondents ........................................................................................................... 18

`


Page | 1

1 RESETTLEMENT ACTION PLAN (RAP)

1.0 Introduction

1.1 Project Background Government of the United Republic of Tanzania (GoT) has received a credit from the International Development Association (IDA) towards the cost of the Local Government Support Project (LGSP). It is intended that part of the proceeds of the credit will be used to cover eligible payments under the contract for the Provision of Consultancy Services for Preparation of Preliminary and Detailed Engineering Designs, Cost Estimates and Bidding Documents, and Environmental and Social Impact Assessments for the Investment Sub-Projects in Mbeya City Council under proposed Tanzania Strategic Cities Project (TSCP). The LGSP, which is in advanced stage of implementation, became effective in April 2005, and is expected to close on June 30, 2011.

1.2 Proposed Tanzania Strategic Cities Project (TSCP) GoT and the World Bank are preparing a new credit for the proposed Tanzania Strategic Cities Project (TSCP). The overall objective of the TSCP is to: (i) improve basic urban infrastructure and services in selected urban LGAs; and (ii) strengthen the management and fiscal capacity of those urban LGAs for improved operations, maintenance and infrastructure development. The proposed project which is also implemented in other six urban areas of the country is estimated to cost of US$ 150 million, to be implemented over a period of five years. The project would target seven selected urban LGAs. The selected urban LGAs to be supported under the proposed credit are: Mwanza, Arusha, Mbeya, Tanga, Dodoma, Kigoma and Mtwara. At this stage, it is anticipated that the project would consist of the following three components: Component 1(a): Core urban infrastructure: This sub-component would support: (i) urban roads and drainage, including associated structures such as drainage ditches, culverts/bridges, footpaths and street lighting; (ii) liquid and solid waste management including collection, transportation and disposal; (iii) community infrastructure upgrading; and (iv) local infrastructure such as bus stands and lorry stands/parking areas. Component 1(b): Strategic economic infrastructure: This sub-component would support strategic investments falling outside the traditional mandates of the urban LGAs. The sub-component would aim to reinforce synergies across sectors and begin to address some of the key impediments to realizing the economic potential of Tanzania‟s cities. It could support infrastructure investments and/or feasibility studies and related preparatory consultancies covering: (i) energy distribution; (ii) port and transport services; and (iii) peri-urban areas (outside but adjacent to urban LGAs).

Component 2: Institutional strengthening: The objective of this component is to strengthen the fiscal and management capacity of the seven selected urban LGAs for improved O&M and infrastructure development. The intended outcomes include: (a) improved capacity for technical design, procurement, financial management, contract management, and environmental and social safeguards for urban infrastructure development; (b) improved asset management and O&M; (c) enhanced cost recovery and management of key urban services including solid waste; and (d) improved own source revenue.

Component 3: Implementation Support. This component will cover: (i) support to PMO-RALG and LGAs to enhance capacity for project management, monitoring, reporting, environmental and social safeguards, and audit systems; (ii) design work and preparation of future urban projects, including a separate Dar es Salaam project; (iii) further design work or related consulting services (beyond that completed during preparation); (iv) consultancy services for Mid-Term Review (MTR); and (v) additional TA relevant to the urban sector.

`


Page | 2

1.3 Objective of Resettlement Action Plan Mbeya City Council road will involve resettling properties within some of the proposed road alignment. The main objective of developing Resettlement Action Plan (RAP) is therefore to provide a plan for resolving the displacement, resettlement/or compensation issues related with the project implementation and for ensuring that Project Affected Persons (PAPs) are left no worse off than they were before commencement of the project. The RAP is intended to be an agreed commitment by the parties involved for guiding the implementation of resettlement and/or compensation actions for persons affected by the project. Resettlement Action Plan addresses relocation issues, improve or at least to restore the social and economic base of the

communities to be relocated from the right of way (RoW). In addressing those issues, generally Resettlement Action Plan provides the followings:

o Description of the project setting; o Collection of technical information to identify the extent of unavoidable demolition of houses and structures,

crops and other economic resources, and the necessity of relocating affected families or business either permanently or temporarily;

o Description of nature and extent of community consultation and participation; o Onsite data collection by means of specific inventory of the affected households to obtain exact figure of the

project affected persons (PAPs) by category of impact; o Description of legal and institutional framework for dealing with displacement; o Development of compensation packages offered for each type of impacts; o Description of valuation process and compensation given for each property affected itemized by assets; o Grievance resolution procedures; o Institutional arrangement for payment of compensation, allowances, assistance and monitoring; o Implementation Schedule; o Resettlement Monitoring;

1.4 Methodology Data collection process

Prior to field work, a schedule was drawn and sent to WEO offices through City council Authority then to street leaders of all affected sub projects who notified the communities.

1.5 Development of data collection tools To facilitate this survey, 3 types of data collection tools were developed in line with the aim and specific objectives of this survey. These tools included a questionnaire for household owner, livelihood and community properties. During training of the research team, the data collection tools were critically reviewed and tested. A number of changes were made to make them more responsive to the respondents and flexible enough to collect the intended data. Recruitment and Training of Enumerators

Six enumerators four male and two females were recruited and trained for half a day to carry out the exercise so as to ensure gender balance and reduce biasness on information gathering. The objective is to create awareness on the importance of the survey, provide training on interviewing techniques and build common understanding on the study tools. Due to the sensitivity of some of the questions for instance, those which imply the possibility for relocation and compensation of residents, the following precautions were done.

The interviewee should be the head of the household or the spouse

The respondent will have to be known by the local leaders particularly village chairman and the

village executive officer.

`


Page | 3

Enumerators conducted the interviews. Each enumerator interviews a minimum of ten households per day. Each enumerator was responsible for quality assurance of the completed questionnaires on daily basis. This is a quality control measure undertaken to ensure compliance with the interview guidelines and completeness of the questionnaire. Three separate data collection tools were drawn and used; household questionnaire, livelihood and community in additional, a checklist for group discussions at the village council level/PAPs consultative meetings and vulnerable groups were prepared.

1.6 Data collection methodology

Development of Resettlement Action Plan was developed after conducting socio-economic survey; census and

interviews in all settlements within the Right of Way (RoW) for the proposed road alignment. A team comprising of a

Valuer, Resettlement Expert (Sociologist) and surveyors were responsible for developing the Resettlement Action Plan.

The purpose of the Socio- economic study was to collect baseline data within the project targeted areas to enable social

assessment of the potential affected populations/communities. Furthermore, a comprehensive census was carried out to

identify potentially affected people to individuals and household levels, vulnerable groups (women, children, the elderly,

female headed households, etc).

Socio-economic survey focused on identification of stakeholders (demographic data), participation process, identification

of affected people and property and their production systems, institutional analysis and monitoring and evaluation of

resettlement issues.

Development of Action Plan was also complemented by reviewing existing literatures related to the projects. Literature

review involved identification of applicable legal and administrative frameworks and policies of United Republic of

Tanzania, and World Bank on resettlement and compensation requirement and mechanism. The purpose of the review

was to:

o Review legal and policy framework on compensation and resettlement o Harmonize variances in resettlement and compensation guidelines between Tanzanian

Government policies and those of World Bank Operational Policy 4.12. o Establish land tenure regime in Tanzania and in the project area o Review land use and management institutions in Tanzania

Some documents reviewed include Constitution, Road Act, 2007, Local Government Acts, 1984, Land and Village Land

Acts 1999 and any relevant national policies and laws. The exercise also covered the World Bank Operational Policy

4.12 guidelines. Literature review followed field visits where properties to be affected under the project were identified.

During field visits the following tasks were performed:

o Observation of social and physical setting of the area; o Confirmed structures within the Right of Way (RoW) and their distance from road centerline; o interviews and discussions with officials of the municipal council; o interview with PAPs and other community members in the project area; o Explored perception of people towards the proposed project and resettlement exercise.

Household interviews

This is main source of primary data for this study. The structured household interviews were carried out among the PAPs

and were base on formatted questions. The survey grasped mainly quantitative information but some open-ended

questions taped qualitative information useful for the study. The interviews were administered in three categories

affected residents structures, livelihood or community property

`


Page | 4

Focused group discussion

This was conducted to vulnerable groups that included people with disability, widows, old people and orphans, the aim

was to make sure their opinions and concerns are brought on board and taken into consideration.

Observations

A visual inspection (critical observations) were carried out along the potential affected structures to get an impression of

the magnitude of the impacts, the family or people affected economic status, type of affected building and in direct

affected people. As indicated in the TOR, the main issues included but not limited to the following:

Household composition, structure, source of income, expenditure;

Categories of impacts;

Possible ways to minimize the impacts;

Social services within the area;

Access to goods and services;

Authority /Community consultative meeting

During RAP preparation, the consultant held discussions with potentially affected people. The consultation examined

among other things:

Acceptable alternatives for relocation and compensation

Conditions under which the resettlement will be socially adequate

Measures required to guarantee that the affected people will enhance or at least restore their livelihoods and living

standards

Preferences regarding forms of compensation and resettlement assistance whether in kind or cash

Measures to mitigate impacts of resettlement and arrangements for addressing conflicts that might occur during that

period.

Institutional and organizational arrangements by which displaced people can communicate their concerns to project

authorities and participate throughout planning, implementation and monitoring of the RAP.

Payment arrangements

As a first step, consultation process sought contributions of the affected communities in formulation and finalization of

the resettlement plan.

Main purposes of community consultation

Provide complete and timely information to PAPs about resettlement stages and related activities

Obtain cooperation and participation of PAPs and other stakeholders in resettlement planning and implementation

Understanding needs and priorities of PAPs regarding compensation, relocation and other activities to be

undertaken.

Obtaining reactions of PAPs and other stakeholders on regular basis especially on the effectiveness of policies and

implementation process.

Reduce potential for conflicts, as well as risks of project delays through grievance mechanism

Enable the project to design resettlement and rehabilitation program in a manner to fit needs and priorities of PAPs.

`


Page | 5

A number of meetings were held with Government officials from relevant Ministries of Local government, Municipal

Council, ward and street governments, and community members.

Meetings with the relevant ministries were held with the aim of obtaining a common understanding of the RoW and

the targeted PAPs.

Meetings were also held with municipal staff with the purpose of understanding statuses of settlement and overall

mast plan, land value, availability of alternative land to resettle PAPs if necessary and the market cost of

construction materials.

With ward and street officials meetings helped in assessing the understanding the feeling of the affected people and

their concerns, identification of the type of assets and asset owners, and mobilization of community members to

attend and participate effectively in the socio-economic survey. Also street government leaders were responsible in

verifying the appropriateness of information collected and act as witnesses to the owners.

Stakeholders meetings were held with the aim of inform them on the importance of providing required information

to allow for the accurate analysis and realistic RAP to be developed. The affected people were also consulted to

give information on their choice on type of compensation preferred whether is cash payment or in-kind. PAP, s

choice on where to relocate was also a team‟s concern.

Minutes of the meetings were prepared and signed by the street Executive Officer and street government

Chairmen/persons. For clarity and understanding of the meeting proceedings by local community, the minutes were

prepared in Kiswahili.

`


Page | 6

1.7 Data collection Timing This assignment was undertaken in November 2009, following the SIA that was conducted in October 2009.

Photo 1: Mbeya Map

1.8 Project Description Generally the project comprises of twenty (20) subprojects. Seventeen subprojects are road improvement projects, one bridge linking Ilemi and Iganzo, Bus/Lorry parking area adjacent to Nane-Nane Exhibition ground at Uyole and a solid waste landfill at Ntundu Street.

Upgrading of approximately 35 km of existing earth and gravel roads to asphalt concrete or double surface dressing (bitumen surfacing); including vertical and horizontal alignments, pavement design, drainage structures, street lights etc.

Construction and installation of one (1) Bailey bridge (approximately 6 m span) with associated structures

Construction of several new bus and lorry parking areas (30,000 m²); including pavement design, concrete interlocking paving block surfacing, lighting, drainage and other associated structures.

Construction of about 3 km of murram access and inner roads for the existing dumpsite for solid waste disposal including drainage structures and boundary chain-link fenceAcquisition of a package of solid waste management equipment (skip loaders, skip buckets, skip pads, side loaders, tipper/trucks, tractor, excavator, refuse street containers/collection centres, compactors, weighbridge, truck washing equipment, etc)

`


Page | 7

Photo 1: Ilomba Machinjioni: PAPs with RAP team members identifying affected crops/ trees

1.9 Spatial and Administrative context

Administratively Mbeya City Council is divided into two Divisions namely Sisimba and Lyunga and it has 36 Wards with

180 Mitaa (hamlets).

Right from the beginning, the above-mentioned subprojects were planned to be implemented in areas with diversified

characteristics like urban residential areas, shopping and business areas, offices and institution headquarters, industrial

areas etc. Table 1 below summarizes brief description of the subproject components and social economic compositions

of communities living in the specific project areas.

Table 1 Proposed sub projects descriptions

SNO Distribution of sub project KM DESCRIPTION FEATURES

`


Page | 8

A- Air port – sokoni - Jacaranda sec school (not surveyed)

B - forest sec school- Bhanji

road (surveyed) Ward: Iyela Streets: Mapambano, Airport,

Iyella I & II, and Ilembo

3.8 A. Airport – Jacaranda sec. school: petrol station oil com, residential , small business, electrical poles, Tanzania institute of Accountancy wall, sunflower oil mill, shops, airport area on the left side , solid waste collection point (two big) right, residential on the right side, museum house on the left side, Nazarene church HQ southern Highland - right, Nazarene church on left side, temporal mini market- during evening time, solid waste collection point, jacaranda vocation training board, air port sec school. This is a most populated of all streets covered by subprojects. Numerous settlement structures lie on the road reserve B. Forest sec school – Bhanji road. Forest sec school, open space, solid waste collection point left, fenced water reserve tank on the left side, saw mill on the left side, open space/farm on the right side, Itebwa sec school, Mapambano and Nero primary schools, solid waste collection point within school grounds, bible Restoration church, New life in Christ church, private TIA hostel, TIA wall on the right side. Petrol station GAPCO along Bhanj road , esso bus stop

Kabwe – Block-T SIDO 4A Ward : Iyela Street : Block T

2.4 Oak tree Tanzania (bill board at the entrance), Kabwe filling station, car wash, small multiple businesses, Barclays‟ bank on the right side, Full gospel church, open space sido area, Bomba FM Radio, KKKT Ruanda, Oak Tree offices, open space, fence, trees, residential, narrow road join Kisanji road, (right hand side there is TEKU board and construction bill board is on left hand side) Tanzania haulage fence, oil-com petrol station.

Sae – Ituha dispensary road Ward : Ilomba Street : Ituha

2.55 Residential houses, UWATA primary and sec schools, high tension transmission poles on the left hand side, small forest on the left side, residential, open space on the right side, railway cross, residential, brick making on adjacent to the proposed road, bushes, trees along the road, godown, small business centre , Ituha dispensary at the end of the road, Tanzania Assemblies of God church on the left side

Ilomba – Machinjioni Ward : Ilomba Streets : RRM, Ilemi

2.16 Entrance – RRM street, TAG & Apostolic churches, schools – St. Johns Nursery and primary, solid waste collection point on the right side, Mbuta bar, residential , bridge, bushes along the road on both sides, youth Build Future (NGO), Nelia nursery school , bricks making, furaha bakery on the left hand side, Ilemi Police Post, VETA Manga, bushes, open space, sisal fence along the road, machinjioni on the right hand side of the road

Ilomba – Isyesye road Wards : Ilomba/Isyesye Streets: Hayanga and

Mwantengule

2.47 Church on left, residential, cemetery on the left, solid waste collection point, mini market, open space, Marie Stopie hospital, TANROADS quarters on the right, Hayanga P/S, church FPCT, small business center, mud brick making along the road, trees along the road

Commissioner Road.(area:

regional block) Ward: Sisimba

0.58 RC church on the left side, school right side, weru garden spring club on the left side, cemetery (Mashujaa graves) on the right side, river on the left side, telephone poles, residential regional office workers

Ndiyo Regional hospital road Ward : Iyela

0.65 Jehovah‟s Witnesses‟ Kingdom Hall, MSD and Regional hospital on the left side, Kihumbe youth centre on the right side the road is joining new forest road

Kabwe Block T 4B Ward : Ruanda Street : Soweto

0.5

Entry Soweto bus stop, solid waste collection pit right, business center area with population of about 650 business men and women. Electrical poles along the road, TANESCO transformer, and Moravians church fenced wall, trees within the road on the right hand side, nursery school (Jeshi la wokovu) at the end of the road.

Igawilo Health center Ward : Iganjo Street : Ilowe

0.41 Business area, residential, playing grounds, spring water, health center, Ijombe Primary School, and TANESCO transformer.

`


Page | 9

RTD-Sabasaba road area: RTD Jacaranda

Ward : Sisimba

1.27 Residential, under construction houses, electrical and telephone poles, river, closed cemetery on the right hand side, cemetery ground on the left hand side which are still in use, open space reserved for school, Mbeya sec school on the left hand side, FFU quarters on the right side, electrical poles along the road, transformer TANESCO on the right side, solid waste collection point on the right side (made of brick), bridge, liquid waste pipe line. NB: sharp corner which has to be reduced by cutting off a wall constructed on one of the residential house. Kiosk, at the end of the road TANROADS offices there are small business activities

Baraba ya pili: Ward : Maendeleo streets : (soko matola area)

crossing Nonde, Kanisa and kliniki streets

0.25 Butchers, shops, Mitumba business, stationaries, residential areas, bus stand, Soko matola to Uyole and Mbalizi, Kiwanja mpaka dispensary, guest houses, saloons, small business for hawkers, and kiosks

Dausen – Legico Road area: Majengo

Ward : Majengo Streets:Majengo south and

North

0.8 Residential , open space reserved for brick making and tree planting along the river, Legico sec school, mini market, church under construction, solid waste collection points, bricks making, temporary bridge linking Majengo and Maendeleo ward,

New Forest Road Ward : Nzovwe

2.16 Low density residential area, kiosk, new residential area mainly on construction phase, open spaces, residential, poles at the end of the road

MIST Road Ward: Iyunga

3.0 Industrial area, entrance there is a bill board written Mbeya Brewery, petrol station Gapco left, Wella highland miller Ltd, most of the both side of the road are covered by the industrial walls, few residential houses, the road endes at the main gate of MIST

Sae – Kisanji and Sae- TANESCO road Ward ;Ilomba Street : Sae

3.86 The road is surrounded with many livelihood activities such as Garage , small business, block T saccos, capital engineering, Quell fresh Ltd, ware houses along the road in both sides, fence of Kisanji University made of trees, electrical poles, solid waste collection point not constructed Kiwohede VCT centre, RC Ruanda , New church under construction, New garden millennium bar, TANESCO workers quarters , power station

Sae –TANESCO junction to Mjepyadua road Ward: Ilomba/mwakibete Street : Mwakibete,Sae

1.06 Residential area, and livelihood activities Usangu posho mill, kidele dispensary

Ilomba – Ivumwe road Wards :Ilomba/ Mwakibete Street : Mwakibete and Sae

1.8 Entrance Kiwohede board, business center, poles along the road, residential, cross Sae- Kisanji road, residential, trees, poles, open spaces, unfinished housed, cemetery, mini market, brick making, and big valley

However, discussion made with owners of affected properties along the proposed road revealed that compensation for loss chattels is necessary because most of them depend on these properties either for income generation or for shelter. Meanwhile the city council proceeds to pronounce they have no sufficient funds for compensation to facilitate elimination of as much structures as those identified in the valuation report submitted to the client as per above mentioned subprojects focusing basically on road improvement subprojects, one of which impact peoples structures. For this reason the city council organization decided to amend the above selected areas and omit those areas which have loads of affected structures. The following road subprojects have been amended by the city authority and approved by the design team:

Airport – Jacaranda. Instead of crossing on the midst of the highly populated area of Iyela upward to Jacaranda as was planned before, this road will now go straight to Samora secondary school.

Kabwe block T – SIDO 4A. While going to SIDO, this has shifted from the previous street to the next avenue just before the path that goes parallel to Airport. It is just one avenue next to the previous one.

`


Page | 10

TANESCO – SAE – Kisanji. No gigantic changes that have been done in this road project. The road will maintain much of its normal path but instead of going straight on the front area of Kisanji, this will come up to this institution through the road that passes on the backward area of Kisanji.

Ilomba – Ivumwe. The previous plan went through residential and business areas before joining Sae – Kisanji road. The currently approved plan will go straight to the existing local market and then join Sae – Kisanji road.

New areas have been added on the previous road subprojects. This is because the amended roads were elongated when compared to those in current plan hence opening up room for other areas to benefit. The new roads that will be improved under this project are:

Dauson – Kanisa la mawe

New forest extension Description of socio economic characteristics of streets where the amended roads and road extension will be implemented is as described in table 2 below.

Table 2 The Amended and New road Subprojects Descriptions

SNO Distribution of sub

project KM

DESCRIPTION FEATURES

Airport – Samora Secondary

Adjustments have been mad just from the junction where the roads gong to Jacaranda and Samora diverges near Iyela Ward office. The current plan opt Samora avenue to escape residential and business structures located in the Jacaranda avenue. On the proposed avenue to Samora secondary there are no built up structures that will be impacted because on the right hand side there is enough space utilized by the old airport which is currently out of city‟s future plan. Electricity poles and few trees will beimpacted in this option.

Kabwe Block T Amendment has been made on selected street while going to SIDO area. The previous plan would impact peoples‟ residents and fences as well. The proposed avenue will not require removing any settlement instead only two fences will require partial compensation. The rest collision will be on one planted fence on the right hand side when going to SIDO.

New Forest Road (extension)

Low density residential area, kiosk, new residential area mainly on construction phase. No residential, business or any built up structures will be impacted in this area because there is enough open spaces for the road. electricity poles at the end of the road when joining Tunduma road will necessitate adjustments

Sae – Kisanji and Sae- TANESCO road

3.86 The road is surrounded with many livelihood activities such as Garage , small business, offices along the road in both sides including fence of Kisanji University made of trees, electricity poles, solid waste collection point not constructed. Very few structures require partial adjustments including fences on corners.

Ilomba – Ivumwe road

1.8 It will now pass on the midst of local market before Sae-Kisanji road. Portable business assets and electricity poles along the road will be impacted.

Dauson – Kanisa la mawe extension

It is an extension that will benefit residential areas on two streets of Majengo ward. No residential asset will be impacted because there is enough space on the left hand side while going to Kanisa la mawe. Water infrastructures, government trees and electricity

`


Page | 11

SNO Distribution of sub

project KM

DESCRIPTION FEATURES

Airport – Samora Secondary

Adjustments have been mad just from the junction where the roads gong to Jacaranda and Samora diverges near Iyela Ward office. The current plan opt Samora avenue to escape residential and business structures located in the Jacaranda avenue. On the proposed avenue to Samora secondary there are no built up structures that will be impacted because on the right hand side there is enough space utilized by the old airport which is currently out of city‟s future plan. Electricity poles and few trees will beimpacted in this option.

Kabwe Block T Amendment has been made on selected street while going to SIDO area. The previous plan would impact peoples‟ residents and fences as well. The proposed avenue will not require removing any settlement instead only two fences will require partial compensation. The rest collision will be on one planted fence on the right hand side when going to SIDO.

New Forest Road (extension)

Low density residential area, kiosk, new residential area mainly on construction phase. No residential, business or any built up structures will be impacted in this area because there is enough open spaces for the road. electricity poles at the end of the road when joining Tunduma road will necessitate adjustments

poles will be at risk.

`


Page | 12

2 CENSUS AND SOCIO-ECONOMIC SURVEYS FOR ‘PAP’

2.1 Census and Socio-economic Survey for PAPS

Consultant carried out a census in the early stages of this assignment. To comply with the Tanzanian laws and

regulations requirements regarding resettlement plans, the consultant consulted the potentially affected communities

during the census.

Objective of conducting census and socio-economic survey include: Collection of census data to identify PAPs on the

individual and household levels.

o Collection of census data to identify vulnerable and severely affected PAPs.

o Identify categories of impacts ( loss of property, and assets, loss of livelihood: impacts on

groups and communities)

o Identify impacts of the proposed road project on the livelihoods of the PAPs (i.e.

property, structures, income, etc.)

o Identification of any concerns of PAPs.

o Identify the resettlement preferences of the PAPs.

o Identify socioeconomic characteristics of PAPs

Census provided details of:

Spatial distribution of the occupants;

Nominative list of the current occupants of the affected area;

Standard characteristics of the listed households: size of the household, gender, age and

occupation of each member, gender of head of household, livelihoods (including if relevant and possible,

production levels and income derived),

Inventory of the affected houses or shelters (distinguishing owners and tenants);

Inventory of the affected assets (lands, fruit-trees, timber trees, businesses, etc);

Identification of the different category of affected people according to their different type of rights on the land they are

occupying; Inventory of community or public services, infrastructures and collective holdings (gardening and schools,

health centres, markets, places of worship, wells, etc.)

Census survey for affected property on Mbeya city roads project revealed that mostly affected assets are 35 buildings

including fences and 6 areas with crops. A total of 41 people will be affected.

`


Page | 13

2.2 Socio-Economic Situation of the PAPs’

2.3 Language In Tanzania Swahili is spoken by the majority including population in rural areas. Swahili is an official language in this

country; hence in the project area the majority of people speak Swahili although the old people get some difficulties to

speak it fluently, though they understand the language. Common ethnic languages spoken in the project area include

Kinyakyusa, Kisafwa, Kikinga, Kindali languages and other small ethnic groups.

2.4 Household Composition Dominant family structure is of extended family. 94% of affected household are male headed and only 6% are female

headed households. This can either be a husband or a close kin, a son, a brother or an uncle. Women headed

households have limited access to and control of resources such as land resulting into low income and subjected to

more life hardship compared to men headed households.

Figure 1 Gender of Head of household of affected people

It was also revealed that 64.7% of the male-household head live in the same households with their families while 35.3%

do not live with their families all the time. This is an indication of polygamous system where a man has more than one

wife. The social economic household survey conducted under this study shows that about 42.8% of the household

members are aged between 18- 50 years.

2.5 Working age and dependency ratio Analysis of working and dependency ratio in the project area shows that one person is to support three dependants in

the households of the affected families. As shown by figure 2 below. Dependants are mainly children under 18 years,

though mothers get big support from school going age children as children are the ones who collect firewood and water

for the household. On the other hand 11.8% are elderly people who are unable to produce. For details refer to the

figure below 2

`


Page | 14

Figure 2 Working age groups and dependency ratio

Family size in the project area is very different the national population statistics which show that the average Tanzanian

household has 6 members. Majority of the affected households in the project area (64.2%) have seven people and

above. Only 29.2% of the interviewed households have 5-6 people. On the other hand 5.8 % of the affected

households have 3-4 members. More than half of the surveyed households do not have children below five years. Data

shows that there are more female in most of the households than male. One of the reasons could be that many families

are polygamous whereby men have more than one wife. Secondly, explanation African culture habit of extended family

tendencies prevails; the in-laws live with their son and daughter in laws.

2.6 Vulnerable members among the affected households Social survey on the affected people indicated that there are different groups among the affected families. As shown in

figure 3 below fifty eight percent of the affected families had no vulnerable person in their household 23.5% of them

had at least one person who has physical disability. The rest 11.8% and 5.9% of the affected households had

widows and orphans respectively.

2.7 Main Occupation of Affected people Socio economic study results revealed that all affected people are basically farmers though five people are involved in

both farming and businesses. Few of the affected people is employed either by government or private sector. The

economy of the area is characterized by the subsistence sector, with low productivity and with a dependency on climatic

soil factors. The economy/livelihoods of the populations along the road line include:

o Household or subsistence crop production (agriculture)

o Small commercial businesses (negligible). There are people along the route who sell cereal crops such as maize,

beans, banana, sweet potatoes sunflower cooking oil and groundnuts during the harvest period

o employment in either formal or informal sector

o Livestock mainly to meet household requirements but also for selling mainly chicken.

o Harvesting and selling of natural forest wood for firewood, brick making and for construction purposes is also

another source of income along the route

`


Page | 15

2.8 Land tenure Three land tenure system is practiced along the route; government allocation, buying and inheritance. As shown in figure

4 below 41.2% of the affected households obtained land through government allocation in early 1970s, followed by

35.3% who bought land from individual landlords with extra land to expose off. Seventeen percent inherited land

from their parents and an insignificant population (5.9%) accessed land through long term borrowing from landlords

who have extra unused land.

Figure 3 Existing Land tenure systems

There are five main types of land use along the project corridor. The larger part of the area is used for settlement. A

small percentage is utilized for farming, natural vegetation, and social services such as schools, medical facilities, petty

businesses and grazing. Number of factors influences how land is used. These include the fertility of soils (for crop

production), the terrain and the accessibility availability of water for domestic and livestock purposes. A negligible

percentage is used for social infrastructure such as schools, medical centres, roads and paths.

2.9 Livestock keeping Livestock keeping is not one of the main components of the economy in the project area. Affected people were asked if

they own livestock, the responses obtained show that more than half (52.9%) keep small domestic animals like chicken

in small quantities, while the rest 47.1% do not keep livestock. The types of domestic animals kept are cattle (4%) and

chicken (22. %), goats 22.3%. Only one affected person keep cattle. Due to inadequate grazing land, zero grazing is

practiced. Chicken feed haphazardly everywhere in the household compound, making environment dangerous for

human health especially children who play in dirty compound.

2.10 Livelihood Main livelihood of PAPs is farming. Food crops grown include maize, rice, beans, banana and potatoes. Cash crops

include tobacco, groundnuts, beans and sunflower. The farm size per household is more than two acres where 500 kg is

harvested from maize farm. Most of the farm holding is used for food crop while a small percentage is used for cash

`


Page | 16

crops. On the other hand peasant farm two acres of maize and groundnuts. One sack of 100 kg of maize is sold

between 25,000/= to 50,000/=.The price charged depend on seasonal, the prices are lower during the harvest and goes

up during pre-harvest period.

Household meet daily cash requirement by selling their agricultural produce. These cash requirements include medical

as well as other households‟ provisions as well as fees for school children. Off farms activities are carried out by

household members to supplement household income. This includes petty trading, sawing, local brew making, food/fruits

vendoring, weaving and working like labourers in other peoples farms. This is done because cash from agriculture is

normally not enough to meet household requirements.

2.11 Business engagement Less than half of the interviewed PAPs were found to have at least one household member engaged in business

ventures. The survey revealed that 29.4% households had business dealers whereas 70.6% had no any member

employed on business activities. Inadequate business skills, lack of capital and inadequate access to loans and

transport problems are some of factors hindering people to engage themselves to businesses. Figure 5 below

summarizes responses obtained from the respondents and it shows that 11.8% are involved in “genge” selling variety of

farm produce and industrial provisions. On the other hand 11.8% are selling vegetables and fruits. The rest 5.9% of the

affected people operates tea shops. One person is selling local brew and two people are selling industrial goods.

Another person is dealing in a hair salon.

Figure 4 Nature of business conducted along the RoW

Since 29.4% of PAPs are engaged in

business it can be concluded that

the project will have direct negative

impact on their sources of livelihood

whereas customers who depend

on service providers will also be

impacted in terms of distance and

accessibility to such services. Proper compensation and provision of enough time for relocation of the structures in

adjacent areas surrounding the existing place will assist the community in general.

2.12 Sources of income Seventy eight percent of PAPs revealed that their income earning ranges between 1000-5000 Tshs per day, 15% of

the households earned between 5000-10,000 Tshs per day, while 4.4 % with high income earn between 10000-20000

Tshs per day .The rest 1.7% households earn less than 1000 Tshs. Per day. Survey results show that none of the

`


Page | 17

affected people is employed thus no income is obtained from salary or wages. Twenty three percent 23.5% obtain an

average of Tshs 5,000-10,000 per month from selling chicken and eggs. The study results also indicate that only one

PAP (5.9%) reported to obtains money from farming activities on land of RoW. field data shows that majority of

households (35.3%) earns more than a million per annum as crop sales followed by 29.4% who earns between 700,000-

1,000,000. Insignificant percentage of 17.6% gets between 300,000 to 500,000. The rest receives between 100,000 -

300,000 Tshs per annum per household.

Off farm activities is another source of income. However, information collected indicates that income from off farm activities is relatively small. About eighty two percent earned nothing

from livestock and livestock products sales whereas 5.9% collect less than Tshs 100,000/=, a year and 5.9% receive

between 100,000 and 300,000/= yearly, Insignificant percent of 5.9% earns between Tshs. 300,000 to Tshs.

500,000/=.

It is obvious that the project will affect not only owners of the affected structures but also the tenants who their livelihood

depend on the structure. Renters must move from the affected structure and look for other alternative premises to carry

out businesses. However, according to OP 4.12, renters will be entitled for compensation in the form of a “disturbance

allowance”, equivalent to the cost of assistance of the move, and any lost income they suffer from spending sometime

moving to new location rather than earning income.

Income gender base The distribution of income among men and women in the area is uneven. Men own all major means of production like

land, livestock and controls household income though main producers are women. On the other hand women are

considered as the group meant to provide labour, just to be paid nothing but marriage responsibilities. Calculation was

done based on daily expenditure of households, almost all the streets agreed that most of the households requires not

less than 8,000/= a day to meet the basic needs including farm produce that area not purchased.

Education and Literacy level Literacy rate of the impacted people was found to be generally good, though one household head has never been to

school. Majority 76.5%) had reached the level of standard seven and 17.6% respondents had attained secondary

education. None of the affected person had joined technical trainings/vocational schools or higher learning institutions.

This is somehow a good indication for education status and is a reflection of poverty levels along the project area.

Majority of thee affected people were able to put signatures on the attendance list. Physical accessibility to primary

school was also good as none of the respondent reported to travel more than 1-2 Kms to primary school. Every street

has at least one primary school and Secondary schools are also accessed within the streets as (88.2%) reported so. All

affected people believe in either Christianity or few in Muslim religion. Christians access worship services within the

street. Muslim 88.2% worship in their own street but the rest 11.8% travel to neighbouring streets at a distance of 3-

4kms.

`


Page | 18

Health Eighty two% of the respondents reported to have easy access to health services as the dispensary and health centres

are located within the streets. On the other hand 17.6%travels between 3-6 Kms to reach health services outside the

streets. In the course of the survey, the Consultant learned that access to modern treatment was inaccessible to many

households due to different reasons including high cost of treatment and physical accessibility.

Disposition of Solid and liquid waste by households The very common method of disposing refuses by the interviewed persons is burying whereby (94%) replied so. Only

5% were throwing their generated refuse in their farms. It is interesting to note from responses that with exception of one

household which haphazardly disposed their refuse, the rest of the households use one or the other method of disposing

their refuse. The main concern here is how proper this disposal is carried out by individual households because improper

disposal is unhealthy and transmit diseases. On the other hand liquid waste is exposed within the compound or in the

backyard garden.

Impacts Expected By Beneficiaries As expected two types of impacts were mentioned that is positive and negative. The vivid expected positive impact of

the proposed road improvement which was mentioned by respondents is comfortable travel and reliability of transport

throughout a year. As shown in figure 6 below, this was mentioned by more than half (58.8%) interviewed people,

whereas 23.5% anticipated that road improvement will accelerate expansion of business. Another expectation is

improved of or accessibility to social services mentioned by 17.6%.

Figure 5 Improvements expected by respondents

Contrary to positive impacts of road improvements discussed above, there were anticipated negative impacts including

loss of properties 70.6%, HIV/AIDS (11.8) and road accidents.17.6%.

`


Page | 19

Opinion and Aspiration of the Affected People In general, many interviewees raised a number of issues regarding the project‟s performance in the area of economic

empowerment of the project affected persons. They expressed concern that arrangement should be made for the

vulnerable groups to assist them to alleviate poverty. Such program can include provision of loans, and capacity building

through training on possible income generating activities.

Identification Of PAPs and Eligibility Determination Defining Affected Persons PAPs are those who will be affected directly socially and economically by the project activities as a result of their involuntary displacement from land, assets, or access to economic activities. The PAPs include individuals and institutions with various interests in land that is within the RoW. World Bank‟s Operational Policy 4.12 stipulates that PAPs include all the economically and/or physically displaced persons who were present before a specified cut-off date that was publicized, even those who may not be protected under the national land compensation legislations. Criteria for Determining Affected Persons

Criteria for eligibility for compensation as PAPs were based on those of World Bank O.P. 4.12:

o Those who have formal legal rights to land (including customary and traditional rights) and assets o Those with no legal rights at the time the census began but with a claim to such land or assets recognized

under laws of Tanzania or through a process identified in the Resettlement Plan o Those who have no recognizable legal rights or claim to land they are occupying.

Compensation categories Compensation for land, built-up structures, businesses and relocation actions will be based on the following categories of the impacts: Replacement cost of property: mainly residential and business structures, vegetation: Property owners (houses and businesses) are entitled to replacement costs for land and lost structural (unmovable) assets at market values;

Cut-off date for eligibility for compensation According to this project eligibility for compensation relevant to cut-off date is set to be June 2010 when Valuation assigned by SMEC International will be approved and implemented. Asset Inspections and Valuation Valuation of Assets and Losses

Consultant in this RAP had to inspect the affected properties and provide value of properties to be affected under this project. Objective of valuation of the properties were to determine replacement cost and market value for compensation purposes. Local government authorities informed local communities of the intended ARAP activities and the possibility of relocating residents. o In carrying out field surveys Valuer was at all times accompanied by a street leader and or i.e Chairperson

who identified the property owners, confirm boundaries shown by the owner and certified on the field sheets of the count of property. In brief, the following was done:

o Identification of assets affected by the project and their respective owners o Survey team also compiled a detailed inventory of the types, sizes and conditions of the land and assets of

each affected households, business or entity and determined the value of compensation to be paid to each household for affected land, assets and loss of income sources.

o Assigning Reference Number to each of the identified case and a pink card o Taking notes of the identified properties (buildings) and other assets on a pre-prepared inspection sheet o Taking measurements of the land and inspection of the buildings with help of the land surveying team.

`


Page | 20

Disturbance Allowance Disturbance Allowance is payable as a percentage of real property value in compliance to the provisions of Act No. 4 of 1999. The percentage is the average commercial bank rates offered on fixed deposits. From data obtained from the various financial institutions in Tanzania the average rate on fixed deposits is 4% per annum. However, such allowances have not been enclosed in the RAP because the municipal council do not have sufficient fund. Loss of profit In accordance with section 9 of the 2001 Regulations of land act no. 4 of 1999 the net monthly profit obtained from the business associated with the affected properties is assessed (for high incomes), evidenced by audited accounts where necessary and applicable, and multiplied by 36 months in order to arrive at the loss of profit payable. This calculation applies also for such businesses that are only temporarily affected during the project‟s construction phase. However for the purpose of this project since nobody managed to provide audited accounts we were unable to establish monthly profit for affected business, hence no loss of profit payable in this project. Loss of accommodation Tanzanian law requires an accommodation allowance to be paid to the claimants to support them to afford to pay monthly market rent for an alternative accommodation during period of constructing an alternative accommodation. In accordance with section 8 of 2001 Regulations of Land Act 4 of 1999, accommodation allowance is calculated on basis of monthly rent multiply by 36. Methods of Valuation Valuation Method In valuing properties along the project impacted area Market Value Cost Method of Valuation has been adopted. In this method, the value of an asset is determined by reference to the market value of properties instead of cost of replacing or reinstating it (as new) or that of its substitute. Where the asset/property is not new the replacement cost is then depreciated to derive at depreciated replacement cost which is equivalent to a market Value. However, for the purpose of this exercise it is important to note that World Bank requirements as detailed in the OP 4.12

requires that compensation value is obtained from Replacement Cost added with allowances. Compensation Characteristics Forms of compensation offered in this project There are two forms of compensation offered in this project. They are as follows:

i. In-kind ii. Cash

Valuation Report

Valuer has prepared Valuation Report which is attached to this RAP. The Valuation Report which indicates total cost of compensating the properties to be affected must be approved by Chief Government Valuer before preparing the Compensation Schedule for implementing payment for the compensation. A reference for compensation schedule will be provided subject to the approval of the main valuation report by Chief Government Valuer. Resettlement Measures Majority of people who will be re-located preferred to be re-located within the city council. Moving people away from their original street may require providing them with new services despite the fact that the displaced population is relatively small. Project affected people should therefore be relocated within their respective street. Affected people can in theory helped to acquire new plots in within their street. In addition, relocating people in the same street has the following advantages.

o displaced population can continue to utilize the existing social facilities such as schools, hospitals, mosques, churches and other religious and traditionally significant sites;

`


Page | 21

o It maintains social and cultural relations. This is likely to sustain people‟s economic system, ways of production and other means of income generation and trading. productive skills remain applicable for no significance geographical and social change has occurred;

o For any traditional society neighborhood is a very important element of social life. People value and respect social integration within their communities. Helping each other during funerals, wedding and other socio-cultural ceremonies. More significantly the neighborhood includes kingship groups. It is upon these social facets, a simple society is maintained.

Immediate concern of the community was to be assured that they will be compensated and do not consider problem of acquiring new plots because the government will show where to resettle. There is plenty of un-used land but it is just on adjacent parts of the town. It is planned that following the second round of PAP consultations during which PAPs will confirmed their choice of form of compensation and signed agreement forms, next step will be discussing with them on proposed means of getting their money.

`


Page | 22

3 RESETTLEMENT POLICIES AND LEGAL FRAMEWORK

3.1 Introduction Currently there is no specific policy that can be categorized as “Resettlement Policy” in Tanzania. However resettlement programs in the country are guided by the national policies and laws related to land issues. Prior to enactment of legislation framework to govern land issues in Tanzania, there were various statutes that dealt with issues pertaining to lands. With such multiplicity of statutes, responsibility for enforcing land issues were spread over a number of sectoral institutions ranging from national to local authority level. In 1995, government of Tanzania developed a national land Policy to streamline systems of land administration. For projects funded by Development Partners, resettlement issues are also implemented in accordance with requirements of respective Development Partner. In the absence of a formal Resettlement Policy in the country, the following policy and legal instruments provide legal framework for compensation and resettlement in Tanzania.

3.2 National Land Policy (1995) Land policy stipulates that all land is public land, vested in the president as a trustee, and that this should be entrenched in the constitutions. The National Land Policy (1995) provides that a dual system of tenure, which recognizes both customary and statutory right of occupancy as being equal in law be established. The policy further establishes that the land has value, which right and interests of citizens in land shall not be taken without due process of law and that full, fair and prompt compensation shall be paid, when land is acquired. The compensation should be paid to any person whose right of occupancy or recognized long standing occupation or customary use of land is revoked or otherwise interfered with to their detriment by the State under the Land Act of 1999. According to the policy, the administration of village land is vested in the village councils. Village councils have to consent before any alienation of village land is effected. In case of land allocations, village councils shall report to respective village assemblies. The land in the towns is governed the either by City, Municipal or Town Council. In principle the Minister responsible for land matters is the sole authority in land issues. But the policy involves the public and private institutions whose functions are associated with lands i.e. local authorities, communities, non-governmental organizations and community based development organizations to participate and co-operate with the minister at different levels during the implementation of the policy and utilization of land. To address the problem of multiple land allocation, and its resultant disputes, the Commissioner for Lands, is the delegated sole authority for administration of land. He may appoint officers to administer on behalf.

3.3 National Human Settlements Development Policy (2000) Among others, the policy objectives that touch the road sector are to improve the level of the provision of infrastructure and social services for sustainable human settlements development and to make serviced land available for shelter and human settlements development in general to all sections of the communities. The infrastructure and services constitute the backbone of urban/rural economic activities. All weather roads, reliable and efficient transport system are essential to increase productivity and establishment of manufacturing industries. The policy promotes the development of human settlement that is sustainable. It also geared to improve the provision of infrastructure and social services for sustainable human settlement development.

3.4 Land Act of 1999 Land Act (Section 156) requires that with regard to communal right of way in respect of way-leave, compensation shall be paid to any person for use of land, who is in lawful or actual occupation of that land, for any damage caused to crops or buildings and for the land and materials taken or used for the works. Requirements for the assessment of

`


Page | 23

compensation are provided in the Land (Assessment of Value of Land for Compensation) Regulations of 2001. The valuation of the affected properties must be done by a qualified and authorized valuer. Section 34 of that Act also states that where a right of occupancy includes land which is occupied by persons under customary law, and those persons are to be moved or relocated must be compensated for loss of interest in the land and for other losses. They also have right to reap crops that are sown before any notice for vacating that land is given.

3.5 Land Acquisition Act, No 47 of 1967 Land Acquisition Act of 1967 stipulates the power and the procedures for acquiring land and the required degree of compensation. Section 3 & 4 of the act provide that, the President may acquire any land for any estate or term provided such land is required for public purposes such as exclusive government use, general public use, any government scheme, development of social services or commercial development of any kind including declamation. According to Section 5, if the President‟s considers appropriate the land in a certain locality should be examined for possible acquisition then any persons authorizes by the Minister may do the followings:

o Enter upon and survey any land in such locality; o Dig or bore under the subsoil; and o Clear, set and mark the boundaries of the land proposed to be required.

However, the law forbids entrance into any buildings or closed garden attached to a dwelling house without first giving a three days notice. Any damage that results from activities of the authorized person must be compensated. In case of a dispute on the amount of compensation, the Regional Commissioner will give decision. Section 6 requires the Minister to give a notice to all interested persons or those claiming to be interested in such land. Section 7 & 8 of the same Act provides for publication of a notice in the gazette to interested persons requiring them to yield up possession of such land and section 9 forbids a party from being compelled to sell or convey part of a house if he is willing to yield the whole house or building in the process of acquisition. Section 11 (1) provides for compensation by the government to the person whose land is acquired. The president‟s, with consent of the person entitled to compensation, and may grant public land not exceeding in value of the land acquired, for an estate not exceeding the state acquired and upon the same terms and condition of the land acquired instead of or in addition to any compensation. Section 13 (1) deals with issues in cases where any land is acquired and there is a dispute or disagreement relating to any of the following issues:

o amount of compensation; o right to acquire the land; o identity of persons entitled to compensation; o Any right, privilege or liability conferred or imposed by this Act.

Appointment of compensation between the person entitled to the same and such dispute or the parties concerned do not settle disagreement within six weeks from the publication of notice that the land is required for a public purposes. According to the above section, the minister or any person claiming interest in land may institute a suit in the court for the determination of dispute.

3.6 Road Act 2007 Part III, Section 16 of the Act addressed the issue of compensation for acquired land for road development. The Section emphasizes that, where it become necessary for the road authority to acquire a land owned by any person for the purpose of this act, the owners of such land shall be entitled to compensation for any development on such land in accordance with the Land Acquisition Act (1967), Land and Village Land Acts (1999) and any other written law.

`


Page | 24

3.7 Valuation Regulation Act No. 47, the Land Acquisition Act of 1967, governs Land Acquisition in Tanzania is the main law used when it comes to land acquisition. However, the new Land Act, Part II, elaborates the provisions on assessment. Section 3(1) paragraph "g" of the Land Act No.4 of 1999 which provides: "To pay full, fair and prompt compensation to any person whose right of occupancy or recognized long standing occupation or customary use of land is revoked or otherwise interfered with to their detriment by the State under this Act or is acquired under the Land Acquisition Act.” Regulations made under S 179, the Land (Assessment of the value of land for Compensation) Regulations, 2001 and which became operational in May 2001 provide assessment of compensation on land to be based on the following:

1. Market value of the real property. However in this particular project current replacement cost was used instead

2. Disturbance allowance which is a percentage of market value of the land acquired over 12 months 3. Transport allowance calculated as the cost of 12 tons hauled over a distance not exceeding 20 km

3.8 Town and Country Planning Ordinance Under the provisions of the Town and Country Planning Ordinance, also the President is empowered to acquire any land for project of public interest. The 1956 ordinance after its revision in 1961, states:

o Where it appears to the President that it is necessary to acquire any land within a planning area for the scheme applicable thereto and agreement for the acquisition thereof between the Local Authority and the owner of such land cannot be reached, the President may acquire such land under any law relating to the compulsory acquisition of land.

o Without prejudice to the generality of the provision of subsection (1) of this section, the power of the President hereunder shall extend to the acquisition of land which has not been developed in accordance with the scheme applicable thereto which, in his opinion, it is necessary to acquire in order to secure its good development or the proper, orderly and continuous development of a planning area or any part of it or the good development of neighboring land.

o Without prejudice to the provisions of any law relating to the compulsory acquisition of land, the purposes for which land may be acquired, under the provisions of this ordinance shall be deemed the public purposes.

Laws (including customary law and traditional usage) governing law tenure, valuation of assets and losses, compensation and natural resources usage rights

Applicable national laws and administrative procedures in case of expropriation and displacement of population.

Judicial process and the timeframe for the procedures, scope, nature and rates of compensations in case of expropriation

3.9 Land (Assessment of the Value of Land for Compensation) Regulations, 2001 Regulations provide criteria for the assessment of compensation on land, as per market value for real property; disturbance allowance is calculated as a percentage of market value of the acquired assets over twelve months; and transport allowance calculated at the cost of 12 tons hauled over a distance not exceeding 20 km. The other criteria includes loss of profit on accommodation based on business audited accounts and accommodation allowance equivalent to rent of the acquired property per month over a 36 month period. Regulations made under 179, (the Land Assessment of the value of land for Compensation) Regulations, 2001 and which became operational in May 2001 provide assessment of compensation on land to be based on the following:

o Market value of the real property o Disturbance allowance which is a percentage of market value of the acquired over 12 months o Transport allowance calculated as cost of 12 tons hauled over a distance not exceeding 20 km o Loss of profit or accommodation based on business audited accounts o Accommodation allowance which is equivalent to the rent of the acquired property per month over 36 month‟s

period. o Methodology of valuation of the lost assets, mode of payment, dispute resolution mechanisms,

`


Page | 25

o Agencies responsible for expropriation and implementing resettlement (including an assessment of their institutional capacity to conduct those activities)

o Gaps, if any, between national laws and other donor agencies and the mechanisms to bridge those gaps Consultant proposes grievance mechanisms and procedures that should be used for third-party settlement of disputes that may arise from resettlement. The proposed procedures are affordable and accessible for the affected people, and are based on existing judicial recourses and traditional mechanisms for dispute settlement.

3.10 Gap Analysis of National Laws vis-à-vis World Bank Policy While laws relating to land administration in Tanzania are broad and varied, entitlements for payment of compensation are essentially based on “right of ownership”. The national legislation is silent on the rights of squatters and is not specific and precise on the rights of usufruct on public land. On this subject matter, the World Bank OP 4.12 is specific and precise. It states that affected persons are entitled to some form of compensation whether or not they have legal title if they occupy land by a specified cut-off date. Hence it complements national legislation and, if project encounters such a situation, the Bank's approach will be used in RAP. Also during implementation, reference to other viable international approaches may also be referred. Furthermore, in conformity with OP 4.12, for all compensations value of assets will be determined based on the prevailing market prices and values.

WB OP 4.12 requires that compensation for losses of assets be based on full replacement cost instead of open market values as required by Tanzania legislation. Market value may be defined as the highest price in terms of money that a property would be expected to bring in a competitive and open market under conditions requisites for a fair sale. Replacement cost is the cost of putting up an equivalent structure to the existing structure at the time of valuation and not making allowances for age, state of repair and economic obsolescence.

Table 3 Comparison of World bank/MCC and Tanzania policies

PAP Categories World Bank OP 4.12

Tanzanian Laws

Land Owner Recommends land-for-land

compensation. Other compensation

is at replacement cost.

Cash compensation is based upon market value of

the real property, disturbance allowance, transport

allowance, loss of profits or accommodation, cost of

acquiring or getting the subject land, any other

immediate costs or capital expenditure incurred to

the development of the subject land and

compensation should be paid promptly, and if not

paid in time, interest at market rate will be charged.

Tenant Entitled to some form of

compensation whatever the legal

recognition of their occupancy

Entitled to compensation based on the amount of

rights they hold upon the land.

`


Page | 26

Land user Entitles to compensation for crops

and labour, may be entitled to

replacement land and as a minimum

standard, incomes must be reported

to pre-project levels.

Not entitled to compensation for land, entitled to

compensation for crops. This category of PAP is

also sometimes provided with other land of equal

size and quality.

Owners of “non-

permanent”

buildings

Entitled to in-kind compensation or

cash compensation at full

replacement cost including labour

and relocation expenses, prior to

displacement.

Valuation and disturbance allowance. Cost of

putting up an equivalent structure as the one

existing at the time of valuation, based on price of

the open market.

Owners of

“permanent

buildings”

Entitled to in-kind compensation or

cash compensation at full

replacement cost including labour

and relocation expenses, prior to

displacement.

Valuation and disturbance allowance. Cost of

putting up an equivalent structure as the one

existing at the time of valuation, based on the price

on the open market.

3.11 Bridging the Gaps Measures to harmonize World Bank / MCC Policies with GoT policies and laws Based on review of current Tanzanian legislation (Sections 3.1 through 3.5) and criteria adopted in the Resettlement Action Plan, some gaps with regard to OP 4.12 requirements have been identified. To bridge gaps between Tanzanian Legislation and World Bank's Operational Policies, this RAP has developed an entitlement framework and approach that adheres to Tanzanian law but also ensures protection of people who may be made vulnerable as a result of this RAP and adheres to the World Bank‟s principles of ensuring that PAPs are not worse off after a project that incurs resettlement. It is hereby recommended that;

o Compensation for customary land, at the time of acquisition by Government, should be based on the open market value of land and all permanent improvements on land as it is provided for in the new Land Policy;

o Compensation payments should be paid to all categories of PAPs, including illegal occupants provided they satisfy conditions set out in this RAP.

However, it is a decision of a client on whether to apply WB OP 4.12 or utilize Tanzanians laws and guidelines. It is important to note that any decision undertaken by client to the project PAPs might be compromised with donors of this project therefore actions must at least resemble their guidelines

3.12 Land indemnification

Under Tanzanian law, all land belongs to the government and will be compensated only in cases where its occupation has been officially granted in some way. Thus, properties that are irregularly occupied will only be compensated for affected structures (unmovable assets) at replacement cost. In cases where the affected family or business needs to be relocated, lack of indemnification for land at market value may mean that an equivalent alternative may not be purchased with the amount of compensation to be received. Whereas World Bank policy does not require compensation for illegal land, it does require that affected peoples end up in a condition which is at least equivalent if not better than the original situation. One frequent solution to attain this is implementation of a Resettlement Project, where housing units will be produced and delivered at a cost that exceeds the value of

`


Page | 27

compensation that eligible PAPs are entitled to receive. In other cases, where quantity or geographical dispersion of PAPs in his situation makes this kind of collective solution unpractical, some form of bonus or complementation of the compensations and/or allowances foreseen in Tanzanian law may be necessary in order to comply with OP 4.12.

3.13 Loss of profit compensation for businesses to be relocated Under Tanzanian law only owner occupying business premises will be compensated for loss of profit. Such compensation is in fact quite generous, and allows for 36 months of net profit compensation, based on verification of audited accounting records. Where these records do not exist, a fixed assumption on value of profit can be adopted. However, no loss of profit compensation is foreseen in Tanzanian law in case of displaced businesses occupying rented premises. The law favors only the land owners. Under principles of OP 4.12, loss of means of livelihood should be compensated separately from loss of property.

3.14 Loss of rental Income

No provision in Tanzanian law for compensation of non-occupant owners for lost rental income. As in previous situation, rental income constitutes of livelihood of affected parties, and should be compensated additionally to property compensation. It should also be noted that under this RAP, valuation report must be approved by Government Chief valuer, as required by government procedures.

Entitlement Matrix for the project PAPs

World Bank has developed different entitlement to different PAP. Therefore this RAP is based on guideline developed under OP 4.12 of the World Bank as narrated in the ToR of this project. Entitlement matrix for PAPs in this respect is as presented on table below.

`


Page | 28

Table 4: Entitlement Matrix as per World Bank OP 4.12

Project Affected People Category

Entitlement

Individuals who have formal legal rights to land (including customary and traditional rights recognized under the laws of Tanzania

Compensation for loss in land and assets at full replacement cost.

In case of physical relocation, provide assistance during relocation (i.e. moving allowance) and residential housing and/or agricultural sites with productive and location advantages equivalent to the lost sites.

Support after displacement, until livelihoods and standards of living are restored to pre-displacement levels.

Development assistance in addition to compensation measures (i.e. land preparation, credit facilities, training, job opportunities.

Individuals who do not have formal legal rights to land, but have a claim to such land or assets (provided that such claims are recognized under Tanzanian laws or become recognized through a process identified in the resettlement plan)

Compensation for loss of assets at full replacement cost, but not for land because they are encroachers along the road reserve

In case of physical relocation, provide assistance during relocation (i.e. moving allowances) and residential housing and/or agricultural sites with productive and location advantages equivalent to the lost sites.

Support after displacement, until livelihoods and standards of living are restored to pre-displacement levels.

Development assistance in addition to compensation measures (i.e. land preparation, credit facilities, training, job opportunities.

Individuals who have no recognizable legal right or claim to the land they are occupying (i.e. squatter settlements, disputed ownership)

o Resettlement assistance and the replacement values for structures/assets.

`


Page | 29

4 RESETTLEMENT SITES The resettlement sites will be allocated for people affected by the project (PAPs) at surveyed blocks of land in Itezi area as shown in the figure below. These areas are in principle suitable for the resettlement.

`


Page | 30

5 INSTITUTIONAL ARRANGEMENTS The RAP Policy will be implemented in the context of the following administrative framework: (a) LGA has the overall responsibility for planning and implementing all activities under the Policy Framework. It will

guide, supervise and report on progress and will handle resettlement issue requiring actions and coordination at various levels. Tan roads will have the overall control and management of the project resettlement budget.

(b) Ministry of infrastructure through Tan roads will provide funds for the resettlement program for the Project from budgetary allocations. Tan roads will monitor and supervise the implementation of land acquisition and resettlement activities. Responsibilities of Tan roads will include planning, coordination of field implementation, financial control, information exchange and inter-agency liaison, internal inspection and day-to-day monitoring. Also, there will be independent external evaluation.

(c) City Council in liaison with the local Government will carry out resettlement activities such as the identification,

census and socio-economic surveys, dissemination of information to DPs, establishment of transparent mechanisms for land valuation and grievance redress, and administration of all compensation related matters.

(d) An independent Grievance Committee will handle grievances regarding resettlement. The Grievance Committee will

resolve grievances; however, if the attempt fails to resolve the grievance, then the parties may take legal action through the courts to determine the matter as stipulated under Section 156(4) of the Land Act No.4 of 1999.

5.1 Key stakeholders and vulnerable groups The key stakeholders in the resettlement action plan include: First the affected people and owners of businesses premises; renters of business premises; employees of business premises; residents: renters of residences and institutions. Second are Municipal and; Civil Society Organisations, Tan roads; Ministry of Lands and Human Settlement Development; Ministry of Infrastructure and Community Based Organisations (CBOs).

5.2 A strategy to ensure participation of all stakeholders Strategy that will ensure participation of the key stakeholders must include the following:

Formation of associations (or committee) of affected groups at ward levels.

Sensitization and education of the public and specifically those affected by implementation of the road project on the importance of the project.

Methodologies for sensitization should include the use of all media such as mass communication, sub-ward discussion; small group discussion on the project and the need to resettle.

It must be done in active collaboration with the local leaders and other stakeholders. The sense of ownership at local level for this project needs to be created

`


Page | 31

6 INCOME RESTORATION As narrated in the land act, tenants and renters are not eligible for compensation because they do not own the affected structures/properties. All business structures affected in this project are either owned by landlords or city council. Since all affected sources of livelihood in this project are not entitled to the properties or land affected there will be no income restoration costs incurred.

`


Page | 32

7 IMPLEMENTATION SCHEDULE This section provides a list of all agencies and institutions involved in each step of the resettlement process (preparation, implementation and monitoring). The experience of the actors involved is adequate for the tasks to be carried out and therefore no particular capacity building measures are required. Compensation and resettlement is to be co-ordinated by the implementing agency (Mbeya City Municipal Council). There will be also collaboration with other stakeholders like Mbeya Regional Authority wards, streets. RAP will span from January 2010 when Second Round Trip consultation were carried out by the Consultant and it is anticipated that the impacted corridor of impact shall be available in full for construction activities by the end of July 2010 Cost for the implementation of the actual resettlement has been included in full costs of the project activities. It is expected most of the resettlement activities (up to the physical relocation stage) will be implemented and completed before the start-up of the construction works. The proposed timeframe for implementation of the project is as presented in table below.

Table 5: Dislocation and resettlement schedule (2010)

Framework operations Period 2010

January February March April May June July on wards

1 Approval of the Valuation Report for Corridor of Impact

XXXXX

2 Approval of Compensation Schedule

XXXXX

3 Second Round Trip PAPs‟ Consultation

XXXXX

4 Opening of Bank accounts-

XXXXX

5 Depositing Compensation monies into PAPs‟ Accounts

XXXXXX XXXX

6 PAPs‟ vacate sites XXXX XXXX XXXX XXXX

7 Monitoring on PAP vacation by Client

● ● ●

8 Disclosure XXXX

`


Page | 33

8 COSTS AND BUDGET

Census survey for affected property on Mbeya city roads project revealed that mostly affected assets are 35 buildings

including fences and 6 areas with crops. A total of 41 people will be affected

8.1 Resettlement Budget A breakdown of estimated compensation costs, provided through the inspection and valuation exercise undertaken is provided in final section of the RAP document after the approval of the valuation report. The total compensation cost is estimated at Tshs 104,075,745 plus an assumed contingency of 10%. Refer Appendix 1. A total of TZS 2.5 million is budgeted for RAP monitoring and evaluation. The total indicative implementation cost for the RAP, including the 10% contingency, is therefore Tshs 114,483,320 as summarized below

Table 6: Resettlement Budget

Component

Resettlement cost (TZS)

Compensation for buildings 97,730,500

Allowances 5,298,845

Crops 1,046,400

Sub total 104,075,745

Contingency 10% 10,407,574.5

Grand Total 114,483,320

`


Page | 34

9 PUBLIC PARTICIPATION AND CONSULTATION

9.1 Approach Effective resettlement planning requires regular consultation with wide range of project stakeholders. Broadly defined, stakeholders include any individual or group affected by project, either positively or negatively including host community. In this assignment, comprehensive consultation meetings with various stakeholders were carried out before and during the development of Resettlement Action Plan. Aim was to involve stakeholders and seek their views on various aspects pertaining to resettlement issues.

9.2 Objectives of Public Participation and Consultation

Objectives of public participation and consultation were:

o Ensure transparency in all activities related to land acquisition, resettlements and rehabilitation. o share fully the information about the proposed project, its components and activities related to PAPs; o obtain information about the needs and priorities of the PAPs, as well as information about their reactions o improve project design and, thereby, minimize conflicts and delays in implementation; o involve public at large together with their responsible institutions and organizations in the design and planning

of the mitigation measures;

9.3 Public Consultative and Participatory meetings Among others, the public meetings conducted entailed the followings:

o Inform PAPs about the project, activities, effects, compensation and related provision and timing; o Confirmation of the identified PAPs and compensation; o Establish complaints and grievance procedure; o Confirm PAPs preferences for how replacement of land, houses, lost assets, trees and crop will be handled. o Provide independent financial advice or counseling for PAPs to receive significant cash compensation or in-

kind.

In the meetings, the Consultant team explained what was entailed in the project proposal and envisioned social and environmental impacts. After presentations, questions and opinions were invited from the participants. In general there was no dissenting opinion about the proposed project. At the end of meetings it was confirmed that all participants in principle agreed with the proposed project.

9.4 Views and Concerns from Stakeholders Consultation made to city engineer extracted information that shows it is necessary for road routes to be amended. For the next stage of the project implementation, the project need to insist on standard and speed of road construction. During consultative meetings conducted in all villages along the impacted road project, communities aired their views and concerns are summarized in Table 6 below:

`


Page | 35

Table 7: Comments and Response during the Consultative Meeting

Sno Area

Issues/Comment from Stakeholders Remarks by Consultant

1 Isyesye Is it allowed to be present when valuer is

inspecting my property?

It is a must for the owner of the property and the village

government leaders to witness the inspection of the property

by valuer.

Will the rented house be compensated? Yes, valuation will be done and structure compensated. The

owner of the structure is one who will be compensated not the

renter

If one has already demolished a structure

from the RoW, will that be compensated?

No, since it‟s not possible to valuate property that is not at site,

compensation also cannot be effected

2 Airport

Why did you decide to change the road

route?

It is very expensive to maintain the previous route because it

crosses on the midst of settlement and business structures.

The donor will concentrate only on road improvement and not

compensation. The city authority cannot afford such huge

compensation. The only option left was to change the route at

least that people on this street can benefit for it through the

avenue to Samora.

The government is powerful and we have

seen in some other project that people are

forced to remove their properties without

compensation. Why didn‟t this approach

apply in this project?

This project respect rights of people and their properties. It is

also implemented as per WB guidelines which require that even

encroachers on the project owned areas must be

compensated.

Valuation exercise was not carefully done.

So many structures were recorded even

though they were not on site while costs of

other structures were inflated. Why don‟t

you re-evaluate the properties to minimize

the costs?

The exercise was executed by the city valuers who are

professional and experienced. We cannot interfere on what

they have approved to be legal.

What will be the next step after this

valuation? Where the PAP will get the

information on the RAP progress?

RAP team in collaboration with Municipal council will visit the

affected people and give them appropriate direction and other

steps to follow

What is the fate of those remaining in the

RoW?

The government has requested the consultant to take the

inventory of all those within that measurements and submit the

list to the authority. The actions to be taken are the government

decisions probably the PAP will be told at a later stage.

`


Page | 36

If I am not satisfied with valuation

calculations where will I go to register my

grievances/or lounge my complaints

The project management will have a mechanism developed on

how to handle complaint through a representative or a

committee formed. Later all the affected people will be told

where and how to go about it.

3 Soweto What are procedures to get payment, in

case the former owner dies?

The family should discuss and agree on representative person

to claim the rights and how should be distributed among the

eligible people to inherit the property

Justification letter from village government should be attached

to confirm

Compensation of houses/buildings should

reflect the real prices of the building

materials.

The rate will be estimated reflecting prevailing cost of replacing

a new structure.

4. Majengo The road will be very beneficial to us, when

is it going to start?

It is currently at design stage therefore the project has already

started. However, construction activities will take off

immediately after completion of design and selection of

contractor

Due to the existing slope near the

proposed road, soil erosion may affect the

road. We propose feeder roads to be

improved to a standard that soil erosion

cannot affect the road.

Thanks for the advice; we will present the opinions to the

design team. However, there are structures already planned to

prevent flow of water on the proposed road.

During night hours this area is too dark, will

the project put lights near the road?

The component in this street does not have such constituent.

We will inform the authority on such requirement any way

Iyela The road will be very beneficial to us, when

is it going to start?

It is currently at design stage therefore the project has already

started. However, construction activities will take off

immediately after completion of design and selection of

contractor

Valuation exercise was not carefully done.

So many structures were recorded even

though they were not on site while costs of

other structures were inflated. Why don‟t

you re-evaluate the properties to minimize

the costs?

The exercise was executed by the city valuers who are

professional and experienced. We cannot interfere on what

they have approved to be legal.

Can‟t the project wait so that we try to

convince the PAPs to remove their

properties from the road?

The project is subjected to timeframe therefore it is impossible

to waste more time waiting for such programs.

5. Ivumwe Will I be the affected people relocated

before compensation?

No one will be moved before compensation

`


Page | 37

Consultant has also described the strategy for consultation and community participation of affected people

throughout the preparation and implementation of the resettlement activities. Like SIA the consultation results

shows that people are worried about the spread of HIV/AIDS during/ after the road construction/ loss of

properties and road accident. The views expressed have been taken into account in the design of the SIA

Management plan.

9.5 Consultation with the Council on the ESIA

We had a meeting with the council on 17.11.2009 regarding the ESIA findings. Among other things the council

confirmed the followings:

The cutoff date for compensation is by June 2010;

Confirmed the program as indicated in this RAP report; and

Resettlement sites will be allocated at surveyed blocks Itezi areas.

Sno Area

Issues/Comment from Stakeholders Remarks by Consultant

All affected people selected to relocate in

the same village

Yes, therefore there will be no need to look for alternative

resettlement sites

If my house is closer to the road reserve

and is destructed during construction will I

be compensated or not

Damage caused by construction is the reliability of the

contractor and will be included in the bidding package

Demolition of structure or compensation

which will be done first?

Payment will be made first then demolition of the structure will

follow after.

I don‟t have a completed building rather

only the foundation is available will I be

compensated?

Yes, the valuer will inspect the structure and come up with

the value

We would like to know when construction

work will begin.

Soon after RAP is completed and the contractor is identified

`


Page | 38

10 GRIEVANCE PROCEDURES

10.1 General One of the activities that will carry out during the second round of PAP consultations is to show each PAP the

amount of compensation and how the figure was arrived at. The team also will discuss with the PAPs available mechanism for expressing dissatisfaction and seeks redress for those who will be dissatisfied. The grievance procedure will be simple, administered in the first instance at the local level to facilitate access, flexible and open to various proofs taking into account for speedy, just and fair resolution of their grievances.

10.2 Mechanism of Appeal

Public participation is always encouraged in the process of compiling and implementing of the Resettlement Action Plan (RAP). Otherwise there will be some unforeseeable problems occurring in the process. In order to solve problems effectively and ensure the project construction and land requisition is carried out successfully, a transparent and effective grievance and appeal channel will be in place. The basic procedures for grievance include the following steps.

10.3 Complaints Treatment Procedures

In the event that an affected person is not satisfied with the compensation package or the resettlement process, such grievances will be addressed initially through mediation with the Client. The aggrieved person will first report his/her case to the street and Ward Executive Committees and the committees may seek clarification from the Client (Municipal council). If these parties are unable to resolve the matter, the complainant can consult Social Services Committee at the District level which may choose to constitute a Grievance sub-Committee to deal with specific grievance. This sub-committee will generally comprise members of the existing Social Services Committee, one representative each from the Ward and street Administrations, one representative from the PAPs, and a leader from the local PAPs community.

If further mediation is necessary, this may be conducted by the Regional Secretariat. If still no agreement is

reached, then legal recourse may be taken. Since legal procedures take a long time to settle, often PAPs tend to be disadvantaged in long process and it is for that reason that Social Services Committee should be vigilant to resolve issues at an early stage. The aggrieved person will be exempted from any legal and administrative fees incurred during grievance redress.

`


Page | 39

11 MONITORING AND EVALUATION Monitoring and evaluation of the implementation of this RAP will be required to determine whether all measures are executed and whether they achieve the goals of OP 4.12 the reinstatement of PAPs to at least as good a situation of housing and economic activities as possessed before project displaced them. Monitoring and evaluation will be required at each of three stages; during resettlement, during construction, and following construction. Monitoring according to this project will cover two distinct but related activities. The first is monitoring implementation of the Resettlement Plan, which is geared to provide information on the achievement of the program targets. Moreover monitoring will show whether the plans are on schedule and are within the budget. The second activity will be monitoring the families that have been compensated and/or resettled, to assess whether compensation levels have allowed them to replace lost assets, and whether they have been able to replace or improve their income levels and standard of living. Monitoring and evaluation to assess the effectiveness of Resettlement Action Plan (RAP) implementation will address physical progress of resettlement and rehabilitation activities, the disbursement of compensation funds, and effectiveness of the public consultation process. In this project two types of monitoring are recommended:-

Performance monitoring through which physical progress of RAP can be measured

Impact monitoring, this assesses the effectiveness of the RAP and its implementation with respect to meeting needs of the PAPs. Performance monitoring will be carried out as an internal management function by the District Social Services Committees. In addition the PAPs will elect their representatives who will participate in monitoring of RAP implementation.

District Social Services Committees, with assistance from the Village and Ward Executive Officers, and local entity to be recommended for the purpose of monitoring rebuilding process and to ensure PAPs are using compensation fund for rebuilding the affected structures or property. Social Services Committees will be required to present monthly reports to Municipal council on progress of RAP. For impact monitoring it is planned that an evaluation commissioned by Mtwara municipal council to be conducted by recommended entity to determine the overall impact of the RAP. key objective of the impact evaluation will be to determine whether efforts to restore living standards of the affected population have been properly executed. The evaluation will also verify the results of performance monitoring and identify adjustments to the RAP packages, if required. The evaluation will assess;-

Status of resettlement and rebuilding

Livelihood restoration of those whose economic activities were displaced;

Identification and resolution of grievances;

Condition of vulnerable PAPs The Project Affected Persons (PAPs) will be actively involved and informed in impact monitoring through participatory meetings. The cooperation of the Street Executive Officer and Ward Executive Officer is also crucial during these evaluations. It is anticipated that impact monitoring will first be carried out approximately 3 months after the PAPs have been relocated, and thereafter annually for a period of at least 2 years. At the end of each evaluation, a report will be submitted to Mbeya city Council giving details of evaluation and its findings.

11.1 Evaluation On the basis of data collected the impacts of resettlement is assessed and see whether the objectives of the resettlement plan have been met. This activity will best be undertaken by an independent group (preferably external to the stakeholders) of experts in collaboration with the resettlement committee. The committee will be commissioned by municipal council and the evaluation team can examine: appropriateness of relocation sites; implementations schedule; grievance mechanisms and mechanisms for assisting the vulnerable groups.

`


Page | 40

11.2 Methodology of Monitoring and Evaluation The methods of data collection will include: sample survey; focus group discussions (FGDs); budget and record analysis; key informant interviews; meetings and observations. Quarterly Reports should cover among others financial and narrative reports

`


Page | 41

Table 8: Monitoring Indicators for Socio-Economic Changes during RAP and Post Project Implementation

S/N

o

Component

Socio-economic

impact

Indicators Means of monitoring Frequency/

timing

Responsible

Quantitative Indicator Qualitative Indicator

1 Compensation Timely and adequate compensation of the affected properties

All the affected people are compensated adequately

Less grievances/ complaints

Check the list of affected people and verify that village are compensated

The first 6 weeks of compensation

Consultant Municipal council

2 Training Adequacy of project staff and training programmes of affected people

Number of training carried out Number of project employees recruited and employed

Effective Project performance

Satisfaction of affected people on project performance of the staff

Every three month Consultant

3 Grievances Effectiveness of grievance mechanisms.

Less grievances reported to project office Reported grievances solved Less court cases reported

Satisfaction of the project affected people

Project reports on reported and solved grievances

The first three month after payment of affected property

Municipal council

4 Stakeholders participation

Consultation and participation with stakeholders, specially vulnerable PAPs

Number of meetings carried out in the project area

Check the project records on the meeting minutes

Every month Project Management

5 Employment Change in nature of employment

-Change in number of people employed in formal sector and informal sector. -Number of businesses established in the project area -Source (s) of income of the affected people -assets owned by households

-Quality of live/ life style in the project area -Type of businesses established in the area Type of assets owned by households

-Employment survey in the project area/ income -Household survey on property and assets owned

Quarterly -consultant and local Govt -District office

6 Services to community/ livelihood

Water wells -mosque replaced in the affected street -Walking distance to the water well relatively small

-Improved water services -Level of satisfaction on the availability of water in the affected village

Village government reports Water committee report and DWE reports

Quarterly District Office -Consultant -LGA

`


Page | 42

12 CONCLUSION This Resettlement Action plan will be implemented by compensating the individuals to be affected by the proposed road construction activities. It is planned that this will be implemented before the construction activities starts. The compensation for PAPs in the surveyed road corridor of Impact will be carried out by Mbeya city and the compensation packages have been prepared.

`


Page | 43

13 RECOMMENDATIONS It is recommended that the consultant should make a second round consultation of PAPs for preparation of the affected people before they are compensated. This will be intended for obtaining signed agreement from each PAP containing option selected, compensation amount and time line for removing properties from RoW, all these will be done by Consultant during second round consultation. However, during tendering of the project the following are recommended by the consultant:

The tender need to be divided in packages to speed up implementation of construction activities.

Volume of each package should be carefully considered to avoid too much and too little enclose which can attract or eliminate certain bodies during tendering for the project

THE UNITED REPUBLIC OF TANZANIA - World Bankdocuments.worldbank.org/curated/en/... · The...

Documents

Transcript of THE UNITED REPUBLIC OF TANZANIA - World Bankdocuments.worldbank.org/curated/en/... · The...