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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 – MTWARA MUNICIPALITY

MARCH, 2010

SMEC INTERNATIONAL PTY LIMITED, AUSTRALIA

IN ASSOCIATION WITH

MAKCONSULT

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Tanzania Strategic Cities Project – Mtwara MC Final RAP Report . March 2010 Page ii

TABLE OF CONTENTS

EXECUTIVE SUMMARY ............................................................................................... V

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

DEVELOPMENT OF DATA COLLECTION TOOLS ............................................................. 2

Recruitment and Training of Enumerators .............................................................................. 3

1.5 Data collection methodology...................................................................................... 3

Observations .................................................................................................................. 4

1.6 Data collection Timing ............................................................................................. 6

1.7 Project Description .................................................................................................. 6

1.8 Spatial and Administrative context .............................................................................. 6

2 CENSUS & SOCIO-ECONOMIC SURVEYS FOR PAPS .............................................. 10

2.1 Objective of Census and Socio-economic Survey for PAPS ............................................ 10

2.2 Socio-Economic Situation of the PAPs’ ...................................................................... 11

Information about the PAPs from the 100% Survey ................................................................ 11

2.3 Education Levels of the PAPs .................................................................................. 12

2.4 Formal and Informal Employment ............................................................................. 12

PAPs preference for in-kind or cash ............................................................................... 13

Site selection and relocation ........................................................................................ 13

Vulnerability among the PAPs ...................................................................................... 13

2.5 identification of PAPs and eligibility determination ......................................................... 14

Defining Affected Persons ............................................................................................... 14

2.6 Criteria for Determining Affected Persons ................................................................... 14

2.7 Compensation categories ....................................................................................... 15

2.8 Cut-off date for eligibility for compensation .................................................................. 15

2.9 Asset Inspections and Valuation ............................................................................... 15

Valuation of Assets and Losses......................................................................................... 15

Loss of profit ............................................................................................................ 15

Loss of accommodation .............................................................................................. 16

2.10 Methods of Valuation ............................................................................................. 16

2.11 Compensation Characteristics ................................................................................. 16

2.12 Valuation Report .................................................................................................. 16

2.13 Resettlement measures ......................................................................................... 16

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Forms of compensation for individual and households along the alignment .................................. 17

3 RESETTLEMENT POLICIES AND LEGAL FRAMEWORK ............................................ 18

3.1 Introduction ......................................................................................................... 18

3.2 National Land Policy (1995) .................................................................................... 18

3.3 National Human Settlements Development Policy (2000) ............................................... 18

3.4 Land Act of 1999 .................................................................................................. 19

3.5 Land Acquisition Act, No 47 of 1967 .......................................................................... 19

3.6 Road Act 2007 ..................................................................................................... 20

3.7 Valuation Regulation ............................................................................................. 20

3.8 Town and Country Planning Ordinance ...................................................................... 20

3.9 Land (Assessment of the Value of Land for Compensation) Regulations, 2001 .................... 21

3.10 Gap Analysis of National Laws vis-à-vis World Bank Policy ............................................. 22

3.11 Bridging the Gaps ................................................................................................. 23

Measures to harmonize World Bank / MCC Policies with GoT policies and laws ............................ 23

3.12 Loss of profit compensation for businesses to be relocated ............................................. 24

3.13 Loss of rental Income ............................................................................................ 24

3.14 Entitlement Matrix for the project PAPs ...................................................................... 24

4 RESETTLEMENT SITES ...................................................................................... 26

5 INSTITUTIONAL ARRANGEMENTS ........................................................................ 27

5.1 Key stakeholders and vulnerable groups .................................................................... 27

5.2 A strategy to ensure participation of all stakeholders ..................................................... 27

6 INCOME RESTORATION ..................................................................................... 28

7 IMPLEMENTATION SCHEDULE ............................................................................ 29

8 COSTS AND BUDGET ......................................................................................... 30

8.1 Resettlement Budget ............................................................................................. 30

TABLE 5: SUMMARY MATRIX FOR RESETTLEMENT ACTION PLAN BUDGET .................... 30

9 PUBLIC PARTICIPATION AND CONSULTATION ...................................................... 31

9.1 Approach ........................................................................................................... 31

9.2 Objectives of Public Participation and Consultation ....................................................... 31

9.3 Public Consultative and Participatory meetings ............................................................ 31

9.4 Views and Concerns from Stakeholders ..................................................................... 31

9.5 Consultation with the Council on the ESIA .................................................................. 35

10 GRIEVANCE PROCEDURES ................................................................................ 36

10.1 General .............................................................................................................. 36

10.2 Mechanism of Appeal ............................................................................................ 36

10.3 Complaints Treatment Procedures ............................................................................ 36

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11 MONITORING AND EVALUATION .......................................................................... 37

11.1 Evaluation .......................................................................................................... 38

11.2 Methodology of Monitoring and Evaluation .................................................................. 38

12 HERITAGE ........................................................................................................ 41

13 INDEGEOUS PEOPLE ......................................................................................... 42

The study found that there is no evidence of indigenous people in Mtwara. .................................. 42

14 CONCLUSION .................................................................................................... 43

15 RECOMMENDATIONS ......................................................................................... 44

APPENDIX 1: CONSULTATION MEETINGS ................................................................... 45

APPENDIX 1: COUNCIL CONSULTATION MEETINGS ..................................................... 46

APPENDIX 2: VALUATION SUMMARY ................ ERROR! BOOKMARK NOT DEFINED.

APPENDIX 3: PAP – LOCATION LAYOUT ..................................................................... 53

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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 Mtwara Municipal council under proposed Tanzania Strategic Cities Project (TSCP). Mtwara municipal 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 six main subprojects. The first three sub projects are road improvement to bitumen standard i.e. artery roads, collection roads and residential roads, installation of street lights, development of recreational parks/gardens and construction of refuse collection centres and land fill site for solid wastes.

Improvement of roads to bitumen level: The project will improve approximately 25kms roads to double surface dressing road standards divided on fourteen street roads. It will also include improvement of vertical and horizontal alignments, pavement designs, drainage structures etc.

Installation of street lights: These will be established in various points. This component will comprise of street lights of approximately 107 units along various roads in the municipal roads.

Recreational parks/gardens: It comprises of car parks and renting areas for small cars in the municipality and this will be developed at approximately 40,000 square metres. In general this subproject will involve Construction of refreshments stalls, toilets, paved paths, concrete seats, fence, and fountain together with ornamented gardens, children playgrounds, basketball/volleyball area, lawn tennis, tree planting, water and electricity.

Refuse transfer centers: This component will improve centers for solid waste collections where communities living around these areas will be able to assemble refuse for further transfer to dumping grounds. Approximately 25 collection centers will be constructed within the municipality.

Dumping site for solid wastes: The project will construct dumping site for solid waste disposal where all collection points will then transfer the wastes for disposal. This subproject will include creation of cells, inner and access roads, protection works, storm water drainage systems and leachate discharge facilities in order to meet environmental requirements.

Policy, 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

PAPs in affected area are mainly subsistence farmers 60.3% who punctuate their farming activities with periodic casual employment. The main farm implement is the hand hoe and it is heavily dependent on rainfall and therefore delayed or insufficient rains directly affect the lives of all farmers in the area. This was recently experienced during the past four seasons where delayed rains caused 43% of the PAPs not to cultivate seasonal food crops.

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Tree crops such as cassava, coconuts, cashew nuts, mangoes, and few citrus fruits (oranges and lemons) are common in the area. These crops contribute significantly to local income. Some members of the communities keep some livestock and poultry for food as well as for cash. There various income generating activities which ranges from street hawking to food vending, basket weaving, small-scale fishing, selling of fuel wood and charcoal all these supplement to the major activity mentioned above.

Only 28.8% have formal employments who receive salaries and wages. About 67.1% of PAPs are self employed in the informal sector. It was also revealed that most of the PAPs involved in this sector most of them have low income hence their living conditions tended be poor. The frequency and reliability of cash-income earning by the majority of the people in the area including PAPs said to be irregular and insecure.

Land ownership in the project area is dominated by customary right of occupancy. There are few or almost none who own land by granted rights of occupancy such people their land is surveyed and normally have title deeds issued by the Commissioner of Lands. According to this study there are few cases Zambia road where PAPs own land by granted right of occupancy. Also it was learned that land in the project area can be acquired through allocation from government after an application is lodged. The Project Affected Persons (PAPs) either own land customarily by being allocated by government, buying from those who in the past occupied large farms and through inheritance from relatives.

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. Municipal Council will have the overall control and management of the project resettlement budget.

(b) Mtwara Municipal Council will provide funds for the resettlement program for the Project from budgetary

allocations. Municipal Council will monitor and supervise the implementation of land acquisition and resettlement activities. Responsibilities of Mtwara Municipal Council 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) Municipal 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.

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Tanzania Strategic Cities Project – Mtwara MC Final RAP Report . March 2010 Page vii

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 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 (Mtwara Municipal Council). There will be also an involvement of the Mtwara Regional Commissioner’s Office. 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 after detailed design been completed. 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.

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Tanzania Strategic Cities Project – Mtwara MC Final RAP Report . March 2010 Page viii

Dislocation and resettlement schedule (2010)

Framework operations Period

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

Generally there are 55 PAPs as shown in appendix 2 of this report. Fourteen (14) are crops without building and forty one (41) of the affected people possess both building and permanent crops. Compensation will not be paid for land within the construction corridor along the existing alignment, but the land acquired for realignment will be compensated for. In addition to the direct compensation total costs are Tshs 101,022,155 which include TShs 2,641,000 for crops and TShs 98,381,155 for building. Summary of the costs is as shown in table below Summary matrix for resettlement action plan budget

Component

Resettlement cost (TZS)

Compensation for buildings 98,381,155

Allowances -

Crops 2,641,000

Sub total 101,022,155

Contingency 10% 10,102,215

Grand Total 111,124,370

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Consultation with the Council on the ESIA We had a meeting with the council on 23.11 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 within Mdenga areas.

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Tanzania Strategic Cities Project – Mtwara MC Final RAP Report . March 2010 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 Mtwara Municipality 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.

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1.3 Objective of Resettlement Action Plan

Mtwara municipal 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:

Description of the project setting;

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;

Description of nature and extent of community consultation and participation;

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;

Description of legal and institutional framework for dealing with displacement;

Development of compensation packages offered for each type of impacts;

Description of valuation process and compensation given for each property affected

itemized by assets;

Grievance resolution procedures;

Institutional arrangement for payment of compensation, allowances, assistance and

monitoring;

Implementation Schedule;

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.

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.

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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.

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.

1.5 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:

Review legal and policy framework on compensation and resettlement

Harmonize variances in resettlement and compensation guidelines between Tanzanian

Government policies and those of World Bank Operational Policy 4.12.

Establish land tenure regime in Tanzania and in the project area

Review land use and management institutions in Tanzania

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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

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

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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.

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

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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.

1.6 Data collection Timing

This assignment was undertaken in October 2009, following the SIA that was conducted in September 2009.

1.7 Project Description

Generally the project comprises of six main subprojects. The first three sub projects are road

improvement to bitumen standard i.e. artery roads, collection roads and residential roads, installation of

street lights, development of recreational parks/gardens and construction of refuse collection centres

and Land fill for solid wastes.

Improvement of roads to bitumen level: The project will improve approximately 25kms roads to double surface dressing road standards divided on fourteen street roads. It will also include improvement of vertical and horizontal alignments, pavement designs, drainage structures etc.

Installation of street lights: These will be established in various points. This component will comprise of street lights of approximately 107 units along various roads in the municipal roads.

Recreational parks/gardens: It comprises of car parks and renting areas for small cars in the municipality and this will be developed at approximately 40,000 square metres. In general this subproject will involve Construction of refreshments stalls, toilets, paved paths, concrete seats, fence, and fountain together with ornamented gardens, children playgrounds, basketball/volleyball area, lawn tennis, tree planting, water and electricity.

Refuse transfer centers: This component will improve centers for solid waste collections where communities living around these areas will be able to assemble refuse for further transfer to dumping grounds. Approximately 25 collection centers will be constructed within the municipality.

Landfill site for solid wastes: The project will construct landfill for solid waste disposal where all collection points will then transfer the wastes for disposal. This subproject will include creation of cells, inner and access roads, protection works, storm water drainage systems and leachate discharge facilities in order to meet environmental requirements.

1.8 Spatial and Administrative context

Administratively Mtwara Municipal Council is divided into two Divisions namely Mtwara mjini and Mikindani and it has 36 Wards with 85 Mitaa (hamlets).

The above-mentioned subprojects will 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

SNOe Distribution of sub project KM DESCRIPTION FEATURES

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1

Boma Road. Streets: FFU and Pentecostal Ward: Shangani

1.8 The road is linking with TANU road at the beginning whereby on the left hand side of the road there is a Central police while on the left side on part of entrance there is an office of Mtwara District Council. There are big trees on both sides, an open space (on as a play ground while the other one is not in use), few residential houses, shops, electrical and TTCL poles, two bridges, Pentecostal church. The road splits into two parts along the police line quarters. One connects to Jamhuri road and the other one to TANU road. The road is important as it connects the population of Boma to the main road and Jamhuri road.

Indian Quarters Road Streets: Ligula C/Indian Quarters Wards: Chuno/Shangani

1.5 The the road joins Jamhuri road at the beginning. The road is wide enough as most of the features are not within the road. Along the road, there are residential on both sides, bridges, mosque on the right hand side of the road, electrical poles, coconut trees on both sides, Indian quarters on the right hand side, shops, bricks making. At the end of the road there is an open space which is not in use, but on the other side there are two schools namely; MEDI nursery and Kambarage primary school. The road is important as it links the population of Indian quarters with Jamhuri and Chuno road.

Chuno Road Street: Bomba la bure, Magomeni shule, Majengo, Magomeni A, centre, Ligula A, Shangani West, Shangani East Wards: Ufukoni Chuno/Shangani

4.6 The road starts with across road at the beginning which joins Masasi, Airport, and town road. Along the road, there is a mini-market on the left hand side of the road, an open space proposed area for a construction of a new market, bridge, houses under construction, Genge, residential, shore on the right hand side, bushes on both sides, Islamic college on the left hand side, schools (Call & Vision Academy, Mangowela Primary school), VETA. Also there is a garage for bicycle repair, fence. The road is important as it links population and various Institutions with Shangani and Masasi road direct to town centre.

Tandika Road Street:Mtamike, Tandika, Malingano Ward: Chikongola

1.1 The road starts from the cross road linking with road to Newala. It is situated with sabasaba wall on the left hand side which has a secondary school, Tanzania Institute of Accountancy, garages, quarters. Also there is residential, Tandika primary school, shops along the road. At the end, the road links with Zambia road. The road is important as it links with population and various Institutions to Zambia road and road to Newala.

Zambia Road Street: Sabasaba, Ofisi kuu, Tandika Ward: Chikongola/Likombe/Majengo

3.2 The the road begins at Mnarani round-about whereby on the right hand side of the road there is Mtwara Oil station and mashujaa ground which starts from Tandika road. There are also garage for motorcycle and bicycle, densely residential, open space (school ground), brick making on the right side, bridge, coconut trees on both sides, Likombe dispensary, electrical poles, secondary school, St. Elizabeth young children centre, open space reserved for industries development. Mdenga-Namadi area where the road passes is densely populated and the road is too narrow. The road is important as it connects the population and industrial area to port road and town centre.

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Port Road Street: Mdenga, Maduka makubwa Ward: Likombe/Shangani/Railways

2.6 Thtthe road joins with Zambia road around OLAM cashew nut industry at the beginning. Along the road there is an open space, along the road there is a lot of livelihood activities such as Artumas gas limited on the right hand side of the road, godown (KPF), PSPF office, Herman Hokororo workshop, ware houses on sides, GAPCO petrol station, port quarters, Mtwara port authority. Also there is Umoja camp (JWTZ), NASACO buildings on both sides, residential. The road ends at Jamhuri-Shangani road junction. The road is important as it connects industrial area and Mtwara port to town centre.

Morocco Road Street: Shangani East Ward: Shangani

1.7 The road links with Shangani road there after it has Morocco-Senegal junction. It has residential along the road, it ahs open space with uncompleted houses, threes, fence on both sides and street lights The road ends at the main entrance of Msemo hotel

The road is important as it connects with population of Uzunguni and Msemo hotel which is important tourist attraction as well as recreational area to Shangani road direct to town centre.

Senegal Road Streets; Shangani East Ward; Shangani

0.5 The road crosses Shangani and morocco road. On the left side there is radio station(prime fm), incomplete house, house of government guests, trees along the road, houses under construction The road ends at MP Mtwara rural residence The road is important as it links Shangani road with morocco road

Luanda Road Streets; Ligula shuleni,Ligula kati Ward;Shangani

0.74

The road links with boma road at the beginning It has open space on the right hand side, residential, shops on sides, electrical poles as well as peninsula hotel. There are schools ( Ligula primary school, Salem kindergarten) At the end it joins with Sabasaba road The road is important as it joins Sabasaba road and boma road

Tila Tilla park (A) and Maduka makubwa (B)

0.46

A There is a shortcut entering the place. Within the place there is a bar which has to be removed, big trees around the area, motorcycle garage, shops, residential, wakala wa vipimo, solid waste collection point which has been allocated in another place. Also there is a path crossing the area. The paths created will be important in linking with other roads B The place is allocated within the town centre. The place is surrounded by buildings (NHC) and shops. It has some places to seat as resting point. The place is too small to accomplish all the needs mentioned as the place is very near to the road. The place is important as it will easily be visited by many people from different areas around Mtwara municipality.

Kunambi Road Streets;Soko kuu, Kisutu A, Mabatini A Ward; Chikongola

1.8 At the beginning the road joins with port road. The road is also passes densely residential houses, garage on the left hand side, godown on the on the left hand side, open space( football ground) on the left hand side, solid waste collection point on the left side and on the market place . Also it passes through Mabatini quarters, Vigaeni quarters, Vigaeni quarters, there is coconut trees along the road, incomplete houses, bwawani guest house, grocery, market, and CHADEMA-Mtwara District office along the road. At the end of the road there is a cross road joining Chikongola road. The road is too narrow at the market places. The road is important as it links the port with the Mtwara main market

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Chikongola Road Streets;Shapriya Ward; Shangani

0.9 The road is linking with Kunambi road at the crossing way. At the beginning of the road there is a primary court on the left hand side and the bus stand on the left side. There is also a shop, guest house, Biblia round about which joins with other roads, JWTZ (UMOJA CAMP), municipal open space along the road. Also the road passes between municipal fence and the wall of RC’s office where by the road on that place is too narrow. ( both fences are RoW) The road is important as it connects the population with the market, bus stand municipal office and RC’s office to TANU road.

MATC Road Streets;Ligula A Ward; Chuno

0.9 The road is linking with Jamhuri road at the beginning. At the right hand side there is an office of the land registry On the left side there is a fence of regional hospital while on the other side there is a MATC college. Also there is an open space (farm), electrical poles, residential area, and electrical poles. The road joins with Chuno road at the end of it. There is also a slope at the centre and end of the road. The road is important as it joins the population between Chuno road and Jamhuri road.

Mikindani Road Streets;Bomani Wards; Mitengo, Magengeni, Mtonye

1.9 The road starts from Bomani street (tendegress lodge and bar). It splits into two, one leads to old Boma park and the other one leads to CCM building. The road itself is unsurveyed. The road leading to old Boma is too narrow and has steep slope with sharp corners while the one leading to CCM building is surrounded with many residential houses on both sides, the house are in poor condition and mainly made of mad and roofed with grass (coconut grass) .The road is important as it connects 3 wards (Mitengo, Magengeni and Mtonye) to Masasi road.

Mashujaa Park Street: Shapriya Ward: Shangani

The place is along Mnarani round-about. It is surrounded by big trees, Midese Islamic centre secondary school, stage building at the centre, houses under construction, play ground, electrical poles. The place is bordered by Tanu and Zambia road. There is also a short path across the park going to Makonde, Chikongola, Tanu and Zambia roads. NB. The toilets should not be allocated within the area of school. The park is important as it will be useful for all people within the municipality due to the fact that it is within the town centre.

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2 CENSUS & SOCIO-ECONOMIC SURVEYS FOR PAPS

2.1 Objective of 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.

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

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

groups and communities)

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

structures, income, etc.)

Identification of any concerns of PAPs.

Identify the resettlement preferences of the PAPs.

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 structures are

buildings 75, fences 34, permanent crops 43, kiosk 26, walls 4, hedge 2, stalls 15, and one well.

A total of 55 people will be affected, mostly totally by the implementation of the project. All are squatters living in

the existing ROW and therefore not claiming land but structures and other development on it. 14 of them are

claiming for crops, 4 claiming for building only and 37 claiming for both building and crops. All 55 affected people

will be compensated in terms of their structures and relocated to land as provided by the council within Mdenga

Namadi area.

As summarized in table 2

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2.2 Socio-Economic Situation of the PAPs’

Information about the PAPs from the 100% Survey

Many households are headed by males (72.6%) and therefore since in most African communities

married women are suppressed, most women (27.4%) have little say in decisions making regarding

ownership and resource use made at the household level, Figure 1 below shows that only 28.8% of

sample have formal employment and earn regular monthly income, while 71.2% have their sources of

income as irregular and insecure. About 86.3% of PAPs supplement their income-generating activities

in small-scale farming, livestock keeping as well as fishing activities

Figure 1: Sex of the head of households along impacted communities

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2.3 Education Levels of the PAPs

According to the sample it was indicated that, there is a high level of standard seven leavers (63%) and adult illiteracy (26 %). About 8.2% have secondary level education; 1.4 % has high school education and 1.4% has higher education either attended college or university education. Also, the number of illiterates is approximately 26% who are mainly adults who did not attend any formal education.

2.4 Formal and Informal Employment

PAPs in affected area are mainly subsistence farmers 60.3% who punctuate their farming activities with periodic casual employment. The main farm implement is the hand hoe and it is heavily dependent on rainfall and therefore delayed or insufficient rains directly affect the lives of all farmers in the area. This was recently experienced during the past four seasons where delayed rains caused 43% of the PAPs not to cultivate seasonal food crops.

Tree crops such as cassava, coconuts, cashew nuts, mangoes, and few citrus fruits (oranges and lemons) are common in the area. These crops contribute significantly to local income. Some members of the communities keep some livestock and poultry for food as well as for cash. There various income generating activities which ranges from street hawking to food vending, basket weaving, small-scale fishing, selling of fuel wood and charcoal all these supplement to the major activity mentioned above.

Only 28.8% have formal employments who receive salaries and wages. About 67.1% of PAPs are self employed in the informal sector. It was also revealed that most of the PAPs involved in this sector most of them have low income hence their living conditions tended be poor. The frequency and reliability of cash-income earning by the majority of the people in the area including PAPs said to be irregular and insecure.

Employment status among the PAPs

Informal

employment

71%

Formal

empolyment

29%

Figure 2: Employment status among the PAP.

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Land issues Land ownership in the project area is dominated by customary right of occupancy. There are few or almost none who own land by granted rights of occupancy such people their land is surveyed and normally have title deeds issued by the Commissioner of Lands. According to this study there are few cases Zambia road where PAPs own land by granted right of occupancy. Also it was learned that land in the project area can be acquired through allocation from government after an application is lodged. The Project Affected Persons (PAPs) either own land customarily by being allocated by government, buying from those who in the past occupied large farms and through inheritance from relatives.

PAPs preference for in-kind or cash

Our discussions with street leaders and analysis of PAPs’ questionnaires revealed that general preference for compensation is for financial reimbursement for lost or damaged assets and businesses as sources of livelihood. Moreover numbers of PAPs who initially opted for in-kind was small; this comprised mainly old people and widows.

Site selection and relocation

All resettlement is local thus relocation is unlikely to cause major resettlement impacts. Meetings involving the consultant, Valuer, municipal council and street government revealed that majority of PAPs want to be relocated within or near their original streets. Municipal council has been allocated new surveyed area within Mdenga Namadi, and working to find relocation area for those who were doing their livelihood activities in the open space.

Vulnerability among the PAPs

Children headed, single mothers and orphans are considered the most vulnerable in the project area. These groups also include the disabled; widows; small-scale farming females, non-farming females, and terminally ill among which people living with HIV/ AIDS are also considered vulnerable. These groups are considered vulnerable due to their inability to cope with and participate in decision making with regards to resettlement.

Vulnerable PAPs will need assistance and protection that will help them overcome difficulties in the process. They cannot successfully relocate without adequate support and assistance. These PAPs will be assisted in opening bank accounts, utilization of the finance resources obtained from the compensation in a meaningful way. Moreover, those who have long-illness such as HIV/AIDS, RAP Implementation Plan will make sure that such vulnerable have their representatives who will be working on their behalf in various ways.

Household survey explored if there are vulnerable people from the affected respondents. The purpose is to make sure that these people live a normal life like any other members in the community. Vulnerable groups need even more special attention and care to assist and prevent their rights to property. This is because in many communities people tend to take advantage on vulnerability of these groups to take away what belongs to these groups. The study results as summarized in figure 2 below shows that 24.3% of affected household have at least one vulnerable person.

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Figure 3: Presence of vulnerable person among the affected person

Social survey of the affected people found out that among vulnerable groups available disabled group comprised of 9% of entire affected families whereas widows were 7.4%, those who had been divorced were 3.2% and orphan vulnerable children were 4.2% of affected population. It should be noted that during Social Impact Assessment Study the affected people raised number of issues regarding the project’s performance in the area of economic empowerment of project affected persons. They also expressed their concern need of special care to the vulnerable groups to assist them to alleviate poverty and come out of being dependants in the communities. Such program can include provision of loans, grants, training on possible income generating activities and even scholastic support. However in this RAP program the project management should ensure that the groups get their right and that their rights are well protected from raiders.

2.5 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.

2.6 Criteria for Determining Affected Persons

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

Those who have formal legal rights to land (including customary and traditional rights) and

assets

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

Those who have no recognizable legal rights or claim to land they are occupying.

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2.7 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;

2.8 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.

2.9 Asset Inspections and Valuation

Valuation of Assets and Losses

Consultant in this RAP had inspected the affected properties and provided 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 RAP activities and the relocating 55 affected residents at Mdenga Namadi area.

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:

Identification of assets affected by the project and their respective owners

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.

Assigning Reference Number to each of the identified case and a pink card

Taking notes of the identified properties (buildings) and other assets on a pre-prepared

inspection sheet

Taking measurements of the land and inspection of the buildings with help of the land

surveying team.

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 5% per annum.

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

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construction phase. However for the purpose of this project since nobody managed to provide audited accounts we established monthly profit for affected business by using experience.

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.

2.10 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.

2.11 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 for relocation sites ii. Cash for loss structures and standing crops

2.12 Valuation Report

Valuer has prepared Valuation Report which is attached to this RAP. The council advised that the Valuation Report which indicates total cost of compensating the properties to be affected was submitted to the Chief Government Valuer for approval. The Chief valuer has now approved the compensation cost. The council needs to confirm a compensation Schedule for payment of the compensation.

2.13 Resettlement measures

Majority of people who will be re-located preferred to be re-located within the municipal.

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Forms of compensation for individual and households along the alignment During the Census and Socio-Economic Survey, special attention was paid in understanding the type of compensation preferred by every PAP. It was whether to decide on cash or in-kind compensation options. Initially during field data collection, 97.2% of PAPs preferred form of cash compensation. Only 2.8% of PAPs preferred in-kind-compensation.

During interviews, 79.2% of PAPs responded that they have to live within their existing settlement in the same street as they do not want to lose their kin members and neighbours. Only 20.8% responded that they were ready to stay anywhere within or outside Original Street that will be allocated by government. Other reasons behind for the selections of these locations are the presence of source of livelihoods and social facilities.

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. In addition, relocating people in the same street has the following advantages.

displaced population can continue to utilize the existing social facilities such as schools,

hospitals, mosques, churches and other religious and traditionally significant sites;

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;

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. It is planned that following the second round of PAP consultations during which PAPs will confirmed their compensation and signed agreement forms, next step will be discussing with them on proposed means of getting their money and grievance procedures.

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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 affected. 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

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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 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:

Enter upon and survey any land in such locality;

Dig or bore under the subsoil; and

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:

amount of compensation;

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right to acquire the land;

identity of persons entitled to compensation;

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.

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:

Market value of the real property. However in this particular project current replacement

cost was used instead

Disturbance allowance which is a percentage of market value of the land acquired over 12

months

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:

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.

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

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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.

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:

Market value of the real property

Disturbance allowance which is a percentage of market value of the acquired over 12

months

Transport allowance calculated as cost of 12 tons hauled over a distance not exceeding 20

km

Loss of profit or accommodation based on business audited accounts

Accommodation allowance which is equivalent to the rent of the acquired property per

month over 36 month’s period.

Methodology of valuation of the lost assets, mode of payment, dispute resolution

mechanisms,

Agencies responsible for expropriation and implementing resettlement (including an

assessment of their institutional capacity to conduct those activities)

Gaps, if any, between national laws and other donor agencies and the mechanisms to

bridge those gaps

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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.

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Table 2: 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 legal recognition of occupancy

Entitled to compensation based on amount of rights they hold upon land.

Land user Entitles to compensation for crops and labour, may be entitled to replacement land and as a minimum standard, incomes must be reported earlier.

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;

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;

Compensation payments should be paid to all categories of PAPs, including illegal

occupants provided they satisfy conditions set out in this RAP.

However, the RAP compensation has combined both WB OP 4.12 and Tanzanians laws and guidelines.

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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 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, and for Mtwara Mikindani Municipal has agreed to compensate all affected people and in addition they are providing alternative land.

3.12 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. In this case the municipal is looking alternative premises for people vacated from open space (Tilla park and Jioone)

3.13 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.

3.14 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.

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Table 3: 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)

Resettlement assistance and the replacement values for Structures/assets.

Individuals who have temporary loss of assets and services (people selling food on the road sides)

Assist /Provide creativity of retaining their livelihood activities by (being mobile) and maximize the income during construction.

They given enough time to remove their temporary structures and will come back after construction.

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4 RESETTLEMENT SITES

The area is within Mdenga Namadi, so the PAPs has no objections, its was a long time municipal plan to move all Mdenga Namadi people to a surveyed area so that even where they are now will be surveyed. The history of that area is: the place was industrial area, the people working in the industries by that time occupied the place illegally, the municipal changed the area from industrial to residential and surveyed un occupied areas and produced 500 plots which is enough for all Mdenga namdi residents. In 2003, the people were involved and offered the plots by contributing to the survey costs, few people have paid for the offer costs and they have already allocated to they are plots, though they are not yet established the plots. The people were supposed to move to the surveyed plots from 2003 Coming for this project made the municipal to change the procedures and decided to allocate all PAPs regardless of being paid for the offer or not. The plots has 15 x 30 m that is bigger compared to where they are staying now (average size is 5 x7 m). The plots are within municipal high residential areas and within where they are now. A site requirement for resettlement is 55 people and available area is more than 500 plots The place is good and the people are familiar to the environment of the area.

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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. Municipal Council will have the overall control and management of the project resettlement budget.

(b) Municipal Council will provide funds for the resettlement program for the Project from budgetary allocations. Municipal will monitor and supervise the implementation of land acquisition and resettlement activities. Responsibilities of Council 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) Municipal Council in liaison with the local Government will carry out validation of the RAP and follow the RAP resettlement activities and recommendations 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. However we recommend an independent third party be engaged to ensure matters of council/the government conflict of interest are addressed.

(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 that have been consulted during development of 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 city and; Civil Society Organisations, Tan roads; Ministry of Lands and Human Settlement Development; Ministry of Infrastructure and Community Based Organisations (CBOs). The stakeholders will also be involved during implementation of RAP

5.2 A strategy to ensure participation of all stakeholders

Implementation 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.

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6 INCOME RESTORATION

There is no income restoration in Mtwara municipal, all affected livelihood were conducted in open space, the municipal notified the PAPs and they have given enough time to remove they are properties in open space that now are going to be used for solid waste collection centre( Jionee) and parks/garden at Tilla and maduka makubwa

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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 (Mtwara Municipal Council). There will be also collaboration with other stakeholders like Mtwara 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 4: Dislocation and resettlement schedule (2010)

Framework operations Period

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

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8 COSTS AND BUDGET

Generally there are 55 PAPs as shown in appendix 3 of this report. Fourteen (14) are crops without building and forty one (41) of the affected people possess both building and permanent crops. Compensation will not be paid for land within the construction corridor along the existing alignment, but the land acquired for realignment will be compensated for. In addition to the direct compensation total costs are Tshs 101,022,155 which include TShs 2,641,000 for crops and TShs 98,381,155 for building. Summary of the costs is as shown in table below

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

TZS101, 022,155/=. A contingency of 10% of compensation costs has been assumed. A total of TZS 25 million is budgeted for RAP monitoring and evaluation. The total indicative implementation cost

for the RAP, including the 10% contingency, is therefore Tshs 111,124,370/= as summarized below Table 5: Summary matrix for resettlement action plan budget

Component

Resettlement cost (TZS)

Compensation for buildings 98,381,155

Allowances -

Crops 2,641,000

Sub total 101,022,155

Contingency 10% 10,102,215

Grand Total 111,124,370

A detailed valuation Report is attached as Appendix 2.

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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:

Ensure transparency in all activities related to land acquisition, resettlements and rehabilitation.

share fully the information about the proposed project, its components and activities related to PAPs;

obtain information about the needs and priorities of the PAPs, as well as information about their reactions

improve project design and, thereby, minimize conflicts and delays in implementation;

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:

Inform PAPs about the project, activities, effects, compensation and related provision and timing;

Confirmation of the identified PAPs and compensation;

Establish complaints and grievance procedure;

Confirm PAPs preferences for how replacement of land, houses, lost assets, trees and crop will be handled.

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

During consultative meetings conducted in all villages along the impacted road project, communities aired their views and concerns are summarized in Table 5 below:

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Table 6: Comments and Response during the Consultative Meeting

S/N Issues/Comment from Stakeholders Remarks by Consultant

1 Presence of properties within RoW is weakness of Municipal Council since they didn’t show demarcation or boundaries thus people decided to build structures along the road.

Ignorance of the law has no excuse in the enforcement and compliance.

2 People should be educated on types of compensations, and implementation of cash compensation for the proper allocation of resources.

Aim is to provide education on the utilization of compensated funds so as to improve their livelihood and standard of livings, and to avoid the people to re-encroach the RoW.

3 Compensation should be done in time after valuation of people’s properties. When payment delay usually prices of material in markets also changes.

In order to avoid the fluctuation of price for the properties evaluated, compensation will be implemented as soon as possible.

4 Street and wards governments in collaboration with the central government should engage to assist PAPs in acquiring the land for construction.

Municipal council has prepared area where all PAPs who will relocate the loss properties be on consultant order

5 Employment (Labourers): Project contractor should give priority of employment to people hailing from streets within project site during construction. Local people can work in some unprofessional activities during construction phase. Moreover, women can also be supported and favored by the project if they will be considered in direct and indirect activities.

Employment opportunities if available will only be provided to people aged l8 years and above. All project workers who will come with contractor will report to local authority and be permitted to settle in town. The municipal council can express views and intention of local people to contractor just before project construction.

Women are also encouraged to participate in the road construction activities.

6 Road constructions will accelerate environmental degradation and particularly clearance of trees. Many trees including matured and those at young stage of development will be destructed. Special program should be prepared to replace them.

Municipal environment will be restored as per requirement of EIA Guidelines and Regulations of 2005.

During construction trees shall only be removed only when it is absolutely necessary and contractor shall first of all inform Residence Engineer. The contractor in collaboration with respective streets environment committees will be delegated responsibility of planting treed on the street roads after completion of the project.

7 There will be spread of HIV/AIDS and other sexually transmitted infections: Plan will be made to engage separate consultant to implement and manage HIV/AIDS alleviation programs. The contractor will implement HIV/AIDS programs

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on his part by allowing his employees to attend awareness seminars and campaigns and carrying out any directives of the Consultant in this regard.

8 During road construction there will Dust problems. Contractor is responsible to minimize dust nuisance and one way is by sprinkling water on the gravel roads during the construction process as per requirement of ESMP. Cost for this activity is included in the bills

9 Government must check it and insure that workers at construction site are well covered by appropriate insurance policies. Also, first aid should be provided at work as per requirement of CRB.

It is illegal to practice the construction activity without working gears and insurance for all people in construction industry. This is according to the CRB and Ministry of labour requirements.

The bills have a pay items for insurance and complying with safety and labour laws

10 There is a possibility of increase of crime reported cases e.g., theft, robbery on contractors camps.

Street committees responsible for security in collaboration with police force will be vigilant during construction process to reduce possible crime incidences. streets authorities can present their request to the regional authority for the provision of police post.

11 There is a possibility of destruction of historical/cultural street at Mikindani As much as possible, the road alignment will avoid affecting those properties. For those properties which will be affected will be compensated in accordance with the national laws. The conditions of particular application have a language to cover procedure for dealing with graves if encountered

12 It is feared that the tarmac road will claim people’s lives through accidents. It was recommended to use speed humps to the places where there are many pedestrian such as at schools, markets at street centre and mosques/churches.

Road safety education and road signs will have to be instituted. The construction and operation should be as per requirement of ESMP.

13 Roads will guarantee easy accessibility and therefore more physical development and investment opportunities. There will be relatively low transport and transportation costs and traveling time saving for passengers and goods. Prices of houses will increase

is the main objective of the project

14 Project will be a pioneer for towns and street growth. These towns should be assisted by the government in planning (e.g. land use and plot surveying) in order to curb/cut back/limit/control unplanned growth of settlements.

Recommendation is acceptable. Street governments should consult district town councils for guidance on planning

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15 Bus bays/stops should be placed in areas where passengers do wait the transport to other destinations.

Bus bays will be provided in consultation with street leaders

16 Local people should be involved in the selection of the camp sites. The idea is to use structures for public services e.g. schools or government office at the end of project.

campsites may be located in location where at the end of project will carter for public use like school or dispensary (if this is agreed in advance with Contractor/Employer before they are constructed)

17 Streets were happy with project and want all other subcomponents to commence as soon as possible.

Mtwara projects should be implemented effectively as scheduled.

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9.5 Consultation with the Council on the ESIA

We had a meeting with the council on 30 November 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 within Mdenga Namadi areas;

The valuation method to be used is based on open market value and provision of a resettlement sites;

Compensation to be based on Tanzania legislation and payment to In addition to compensate illegal occupants (e.g. IMdenga area has been set aside as a resettlement site for all PAPs regardless);

Grievance procedures were discussed with the council, ward executives/committees.

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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.

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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 Mtwara Municipal Council giving details of evaluation and its findings.

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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.

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

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Table 7: Monitoring Indicators for Socio-Economic Changes during RAP and Post Project Implementation

S/No

Component

Socio-economic impact Indicators Means of

monitoring

Frequency/

timing

Responsible

Quantitative Indicator Qualitative Indicator

1 Compensation TtiTimely 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

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6 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

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

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12 HERITAGE

Mikindani area will not be affected because it is cited to be listed in world Heritage cultural and historical, the upgrading of the road will be within the width available now, and the contractors should use light machines during construction to ensure the present structures are protected. That is, the detailed design will include works that will require light duty machines or manual work to avoid vibrations that could damage the existing buildings with historical value. The design could use paving blocks as an alternative pavement rather than asphalt concrete. The design will also investigate a possibility of making Mikindani Road as a one way to avoid widening that could otherwise be required.

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13 INDEGEOUS PEOPLE

The study found that there is no evidence of indigenous people in Mtwara.

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14 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 Mtwara municipal council and the compensation packages have been prepared.

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15 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.

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APPENDIX 1: CONSULTATION MEETINGS

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APPENDIX 1: COUNCIL CONSULTATION MEETINGS

Tanzania Strategic Cities Project – Mtwara Municipality RAP March 2010 Page 53

APPENDIX 3: PAP – LOCATION LAYOUT

Property encroachments as indicated in black rectangular marks on the layout below, along Zambia Road.

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Tanzania Strategic Cities Project – Mtwara Municipality RAP | March 2010 Page 54