Public Disclosure Authorized SFG2861 - World Bank...January 2017. Public Disclosure Authorized....

UNITED REPUBLIC OF TANZANIA MINISTRY OF WORKS, TRANSPORT AND COMMUNICATION

TANZANIA NATIONAL ROADS AGENCY (TANROADS)

P. O. BOX 11364, 3rd Floor, Airtel House, Ali Hassan Mwinyi Road/Kawawa Roads

Junction, Dar es Salaam Tanzania. Tel: +255 222 926 001 – 6,

Fax: +255 222 926 011

Email: [email protected]

RESETTLEMENT POLICY FRAMEWORK

FOR DAR ES SALAAM URBAN TRANSPORT

IMPROVEMENT PROJECT (DUTP)

Dar es Salaam January 2017

SFG2861

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Table of Contents 1 INTRODUCTION ................................................................................................................................ 6

1.1 Scope and Applicability of the Resettlement Policy Framework ........................................... 6

1.2 Brief Description of the Dar Es Salaam BRT System (DART) ................................................ 7

1.3 Objectives ...................................................................................................................................... 13

1.4 Basic Principles ............................................................................................................................ 14

1.5 Types of Land Use Interference Created by the Project (DUTP) and Adjustments to

Avoid, Minimize and Compensate ......................................................................................................... 15

2 LEGAL AND POLICY FRAMEWORK ........................................................................................... 20

2.1 Land Tenure and Legal Status ................................................................................................... 20

2.2 Property Valuation Norms ........................................................................................................... 21

2.3 Other Legally Established Indemnification and/or Compensation ........................................ 22

2.4 Tanzania Legal and Regulatory Requirements and Comparison with WB OP 4.12 – Gap

Analysis ...................................................................................................................................................... 23

3 CATEGORY OF PROJECT AFFECTED PEOPLES (PAP) AND COMPENSATION ........... 34

3.1 Category of Project Affected Peoples ....................................................................................... 34

3.2 Compensation ............................................................................................................................... 35

3.3 Complementary Compensation and Assistance ..................................................................... 37

3.4 Entitlements by PAP Category ................................................................................................... 40

4 CONSULTATION AND STAKEHOLDER PARTICIPATION ........................................................................ 52

4.1 Involving Stakeholders ............................................................................................................ 52

4.2 Data Collecting Phase ............................................................................................................. 52

4.3 Implementation Phase ............................................................................................................. 52

4.4 Monitoring and Evaluation Phase .......................................................................................... 53

4.5 Documenting Consultation and Participation ....................................................................... 53

5 GRIEVANCE REDRESS MECHANISM ....................................................................................... 53

5.1 Grievance Mechanism ................................................................................................................. 53

5.2 Steps to be followed for Grievance Redress under DUTP .................................................... 53

6 CONSULTATIONS AND DISCLOSURE ...................................................................................... 60

6.1 Disclosure of the Resettlement Policy Framework................................................................. 60

6.2 Individual RAP Disclosure and Consultation Plans................................................................. 61

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7 PROCEDURES FOR PREPARATION AND IMPLEMENTATION OF RESETTLEMENT

ACTION PLANS (RAP) ........................................................................................................................... 63

7.1 Resettlement Action Plan Preparation Methodology .............................................................. 63

7.2 Resettlement Action Plan Contents ........................................................................................... 67

8 MONITORING, EVALUATION AND REPORTING ..................................................................... 71

8.1 Monitoring and Reporting During RPF Implementation ......................................................... 71

8.2 Ex-Post Documentation of Resettled PAPs ............................................................................. 73

8.3 Post-Resettlement Monitoring of Resettled PAP..................................................................... 73

9 RESETTLEMENT BUDGET FOR DUTP ..................................................................................... 75

10 COMPENSATION AND PROJECT (CIVIL WORKS) SCHEDULE ...................................... 76

ANNEX 01 – STAKEHOLDERS CONSULTATION MATRIX ............................................................ 79

ANNEX 02: PROPERTY SURVEY........................................................................................................ 81

ANNEX 04: SAMPLE GRIEVANCE AND RESOLUTION FORM ..................................................... 95

ANNEX 05: SAMPLE TABLE OF CONTENTS FOR CONSULTATION REPORTS ..................... 97

ANNEX 06: GLOSSARY OF TERMS ................................................................................................... 99

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LIST OF FIGURES

Figure 1: Proposed BRT Corridor ............................................................................................................ 7

Figure 2: Location of DUTP within Dar es Salaam ......................................................................................... 8

Figure 3: Cross Sections at Stations .................................................................................................... 17

Figure 4: Cross Sections at Stations .................................................................................................... 18

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LIST OF TABLES

Table 1: Comparison of Tanzanian and World Bank Policies on Resettlement and

Compensation ........................................................................................................................................... 23

Table 2: Entitlements per Category of PAP ........................................................................................ 41

Table 3: Entitlements per Category of PAP ........................................................................................ 43

Table 4 Entitlements per Category of PAP - continued .............................................................. 44

Table 5: Sample Entitlement Matrix for Projects in Tanzania ........................................................... 46

Table 6 Entitlement for the PAPs ..................................................................................................... 49

Table 7: Grievance Redress Process ................................................................................................... 55

Table 8: An Example of Summary of a Budget for RAP Implementation...................................... 75

Table 9 Example of a RAP Implementation Schedule ......................................................................... 76

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RESETTLEMENT POLICY FRAMEWORK FOR DAR ES SALAAM URBAN TRANSPORT IMPROVEMENT PROJECT (DUTP)

1 INTRODUCTION 1.1 Scope and Applicability of the Resettlement Policy Framework By means of this Resettlement Policy Framework (RPF), TANROADS intends to prepare site specific resettlement action plans (RAPs) that will establish rules and procedures for compensation and resettlement assistance to be adopted in all situations where implementation of the DUTP activities will require indemnification of adjacent properties and/or result in displacement and involuntary resettlement of families and economic activities. The scope of this RPF will apply to DART Phase III & IV and additional works under Phase I as well as any physical works under

the Transit Oriented Development (TOD) that may be supported under DUTP. The first version of this RPF was prepared in 2007 according to the requirements established in Tanzanian legislation and to the guidelines set forth in the World Bank’s Operational Policy on Involuntary Resettlement (OP 4.12). This policy calls for preparation of Resettlement Action Plans prior to any land taking and execution of any involuntary resettlement. The resett lement act ion plans constitute a prerequisite for the Bank’s approval of projects and must be detailed and based on census surveys of all project affected peoples (PAP) and their lost properties. This Resettlement Policy Framework has been prepared because details and scope of construction of activities to which it will apply are not available by project appraisal. The activities include the establishment of road safety infrastructure for the existing BRT1. The Dar es Salaam city is Tanzania’s largest city, which is also a business hub of the country. The city has functioned as a capital of the country with government and private sector offices and industries making it one of the fastest growing cities in the East African region. The population of the city and the import of vehicles are growing exponentially while the infrastructures have been growing at a stagnant pace. This has contributed to the traffic chaos in almost every corner of the city and the situation is worse during AM and PM peak hours. To alleviate the traffic congestion in the city the Government of Tanzania (GoT) has embarked on a program for development of the transportation system that includes road widening schemes and establishment of a Bus Rapid Transit (BRT) network. The Dar Rapid Transit Agency (DART) plans to implement a total of six phases of BRT trunk corridors (Figure 1) as a step forward in upgrading the public transport system from the current mini-buses (Daladalas) to high quality bus-based mass transit system.

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1.2 Brief Description of the Dar Es Salaam BRT System (DART) 1. Dar Bus Rapid Transit system (DART) is a bus-based mass transit system that essentially follows the performance and characteristics of a modern rail-based transit system but at a fraction of the cost. It consists of a corridor of exclusive and segregated lanes, high capacity articulated buses and high performance boarding with central platform for level boarding and large closed stations that allow fare payment outside the trunk vehicles. The proposed system can reach average speeds of 23 Km/h. The location of the project within Dar Es Salaam, distinguishing Part of Phase I to IV of BRT is as indicated in Figure 2 below:

Figure 1: Proposed BRT Corridor

2. The first phase of the BRT system was implemented under the IDA’s Second Central Transport Corridor project (P103633). The first phase comprised of 20.9 kilometers of a trunk corridor with two lanes of Ordinary Portland Cement Concrete pavement for segregated exclusive bus lanes at the center (with overtaking lanes at stations); four lanes of asphalt concrete pavement mixed traffic lanes; bicycle lanes, and pedestrian walkways. Other infrastructure pieces included five terminals, one bus depot, 27 stations, and four feeder-transfer stations. The system is being operated through a trunk-feeder arrangement with a capacity of carrying about 400,000 passengers per day. The implementation of infrastructure for the second phase of the BRT system is ongoing through AfDB support. 3. The Dar es Salaam Urban Transport Improvement Project (DUTP) is going to support the implementation of BRT phases 3 and 4; improvement of a major intersection (Ubungo) along the BRT phase 1 corridor; and institutional strengthening and transformation. Figure 2 below indicates the corridors to be executed by DUTP.

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Figure 2: Location of DUTP within Dar es Salaam

4. The Project supports the implementation of infrastructure of the third and fourth phases of the BRT system in Dar es Salaam city; integrated private operations for the phases 1, 2, 3, and 4; the implementation of an overpass at the Ubungo intersection along with improvement of infrastructure of the Ubungo upcountry bus terminal. Other areas include the infrastructure for efficient passenger integration between the BRT system and Ubungo upcountry bus terminal users as well as Kivukoni ferry terminal passengers. Other areas include additional bicycle, traffic management and pedestrian safety infrastructure along the BRT phase 1 (including Kimara – Mbezi feeder route); performance based maintenance of the BRT phase 1 infrastructure; and improvement of traffic management infrastructure along the Kimara – Mbezi feeder route. The Project will also support the strengthening of public transport institutions and regulatory framework through establishment of DUTA, strengthening of SUMATRA and transformation of DART agency. Finally, the Project, will support the introduction of ICT innovations in public transportation system in Dar es Salaam through creation of an open-data in public transportation and the integration of transit and land-use plans (pedestrian and transit oriented developments) along the BRT corridors. 5. The Project is organized around the following three components: (i) implementation of the third and fourth phase of the Dar es Salaam BRT system; (ii) improvement of the Ubungo intersection and complimentary infrastructure for BRT phase 1 system; (iii) Institutional Strengthening, ICT Innovation, and Safety net.

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6. Component A – implementation of the third and fourth phases of the Dar es Salaam BRT system). The Project will support the construction of the (i) 23.6 kilometers of the BRT phase 3 trunk corridor from the Central Business District (CBD) through the Julius Nyerere International Airport (JNIA) to Gongo la Mboto area along the Nyerere and Uhuru roads and (ii) 25.9 kilometers of the BRT phase 4 trunk corridor from Tegeta to the CBD through Ali Hassan Mwinyi road including a branch line from Mwenge to Ubungo along Sam-Nujoma road. The Project will also support a competitive process for procurement of the operator(s) of the BRT system; urban planning and land-use integration.

7. The establishment of the BRT Phase 3 system will include construction of infrastructure along the 23.6 kilometers corridor. The infrastructure will include a BRT trunk corridor; three terminals; one bus depot; three feeder-transfer stations; 25 BRT stations; and five pedestrian crossing bridges. The trunk corridor will comprise of a middle BRT bus exclusive lanes with one lane in each direction but with overtaking lanes at stations and terminals. The trunk infrastructure will include five pedestrian bridges at the Kisutu market, opposite JNIA, at Buguruni-Rozana, JNIA and Gongo la Mboto. The two mixed traffic lanes will be reconstructed in both directions for the entire corridor (currently only available between the CBD and the airport); and bicycle lanes and pedestrian walkways will be constructed on both sides of the corridor at the outmost. The three terminals will be constructed within the existing Kariakoo hub terminal where all BRT phases integrate, opposite the JNIA, and at Gongo La Mboto. The project will also support the infrastructure for integrating the BRT corridor with the TAZARA central railway station, the JNIA, and vegetable/petty traders markets along the corridor. The BRT bus depot will be constructed at Gongo la Mboto and the three feeder-transfer stations will be located at Jet Club, Banana, and Buguruni Rozana area. Park-and-ride facilities for private car owners are planned to be built near the Jet Club feeder-transfer station and at the Gongo la Mboto terminal. Also the petty traders and vegetable markets at Kisutu, Mchikichini, and Buguruni will be provided with a safe linkage to the BRT corridor. 8. The design of the BRT system has incorporated best practices in Road safety considerations. Therefore the BRT corridor has the following safety infrastructures: five pedestrian crossing bridges at areas with high pedestrian crossing traffic of Kisutu market; Buguruni Rozana feeder transfer station; JNIA terminal (airport integration); Banana feeder transfer station; and Gongo la Mboto terminal. Also, traffic calming (speed reduction) measures were introduced by having raised pedestrian crossings (two at each station), similar to the phase 1 corridor. 9. The establishment of the BRT Phase 4 system will include construction of infrastructure along the 25.9 kilometers corridor. The phase 4 corridor starts from the CBD along the Ali Hassan Mwinyi Road through Morocco BRT terminal to Tegeta with a branch from Mwenge to Ubungo along Sam-Nujoma road. The corridor is well integrated to BRT phase 1 at Ubungo and Morocco terminals and BRT phase 3 at the CBD. Apart from the already existing terminals connecting to the BRT phase 4 line, the

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corridor requires two additional terminals at Mwenge and Tegeta; and a new bus depot at Tegeta. The conceptual design includes 15 stations.

10. The roadway from Mwenge to Tegeta and Mwenge to Ubungo were recently rehabilitated through JICA and GoT funding, respectively, and both have provided a middle reserve land for the BRT exclusive busways. The section between Mwenge and Morocco was recently repaired by adding additional lane through GoT funding and is planned to be widened to six lanes through JICA funding who are considering to include the BRT infrastructure within the section. The Korea-Exim Bank are also preparing a support for the CBD section at the Selander bridge crossing and approaches of 7 kilometers that will run parallel to the BRT corridor. The designs for BRT phase 4 will be closely coordinated with JICA and Korea-Exim Bank to ensure consistency. The Consultant for detailed engineering design will update the conceptual design and thereafter conduct detailed engineering design and supervision. Once the conceptual design is updated, an independent firm will prepare ESIA and RAP, as needed. The bidding process for construction will only commence (by end of year 2) after completion of designs and disclosure of the ESIA and RAP.

11. When the third and fourth phases of the BRT system becomes operational, the whole BRT system (phase 1, 3, and 4) will be able to carry 895,000 per day. The third phase of the Dar es Salaam BRT system is planned to carry 395,000 trips per day and the fourth phase is expected to carry 168,000 passengers per day both through trunk and feeder arrangements, however, since more than 60% of BRT phase 4 lies along the BRT phase 1 feeder system then a combined phase 1 and 4 will carry 500,000 passengers a day. Apart from services through the trunk system, the BRT phase 3 and 4 will provide feeder services along 49.7 kilometers through five feeder routes. The feeder routes for BRT phase 3 are as follows: Buguruni Rozana to Tabata (13km), Jet Club – Vingunguti – Tabata (9km), Jet Club – Buza (11.1km), Banana – Kitunda (7km), and Gongo la Mboto – Pugu Kajiungeni (9.6km). The trunk bus operations of the BRT phases 3 and 4 system will be conducted by three BRT bus operators, while the feeder systems will be operated by transformed Daladala feeder companies/cooperatives.

12. The BRT phase 1 operation contract for automated fare collection system (AFCS) and intelligent transportation System (ITS) will be scaled up to cover operations of the four phases. The fund manager’s contract for BRT phase 1 will also be scaled up to cover phases 2, 3 and 4. The DART agency, through support from the Transaction Advisors, will be the contracting authority for system operations. The BRT phase 3 will have two bus operators operating a total of 123 articulated trunk buses (each 18 meters long with a capacity of carrying 140 passengers) and 84 feeder buses (each 12-meter long with a capacity of carrying 80 passengers). The fourth phase will have 80 trunk and 60 feeder buses. The third phase of the BRT system will replace 89 Daladala routes. 13. The project will also support the establishment of traffic control center that will cover the four BRT corridors. The control center is to be housed at the DART control center that will be constructed at Kariakoo. The support will include installation of traffic

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control systems, Intelligent Transportation system (ITS), CCTV cameras within the BRT corridor, control center help desk, and linkage to the road safety database.

14. Development of urban plans and land use designs: To ensure maximum benefit of the public transport system, the project will support the development of urban plans and land use designs within the influence area of the BRT corridor. The project will provide the city with the following tools: (i) a transit-oriented Corridor Development Strategy and (ii) Station Area Circulation and Accessibility Plans. The principles of the Corridor Development Strategy developed for BRT phase 1 corridor1 will be applied to BRT phases 3 and 4 corridors. This will enable city authorities to manage land use demand along the corridor in a manner that will increase BRT ridership and decrease traffic congestion and sprawl. The Station Area Accessibility Plans will identify the essential pedestrian infrastructure that will be supported by the Project for secure pedestrian access to BRT station and terminals.

15. Preparation of Integrated Land Use and Transport Plans for the BRT Phase 3 and 4 Corridors. The establishment of the high capacity public transit services in Dar es Salaam—such as the BRT—will significantly improve mobility and competitiveness of the city. It will also generate interest and investment in the land and properties along the corridor of the BRT by households, traders and businesses who are seeking high quality transport services and who identify economic opportunity in the concentration of transport commuters and residents. These development pressures can create numerous positive outcomes such as an increase in building stock, land values, tax collections and BRT ridership. However, they can also lead to unintended negative outcomes such as a decrease in housing affordability or an increase in pedestrian safety incidents and urban sprawl. It can even induce more traffic congestion if large buildings are located too close to BRT stations and street traders encroach the road space.

16. In response to the above mentioned issues, the DUTP intends to support the preparation of Integrated Land Use and Transport Plans that will enable city authorities to: (a) guide the detailed development and mixed use densification of real estate along the BRT phase 3 corridor, and (b) identify essential infrastructure that will ensure the safe pedestrian access to BRT stations and terminals. The plan will further include recommendations to better utilize the network of local roads that branch out from the BRT trunk line as well as management approaches to retain Street vendors in safe locations away from the roadway and BRT platforms. Realization of this strategy will maximize the benefits of this significant transport investment. It can also improve the financial sustainability of the BRT services by increasing fare box and tax receipts, but also by identifying alternative business revenue sources that can be obligated to BRT operational costs. These examples might include joint land development activities, special development district or transport access impact fees, revenue or tax sharing agreements, and fiscal transfers.

1 The IDA’s Dar es Salaam Metropolitan Development project (DMDP) is currently supporting the development of

a Corridor development strategy for BRT phase 1 corridor including TOD guidelines for Dar es Salaam city.

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17. Furthermore with the development of the BRT lines, an increase in the intensity of activities and developments, and associated land value increases are expected along the BRT corridors. The corridors hold significant opportunities for the public and private sectors to invest in urban development to seek more effective use of the land along the corridor. It is important to consider, from this early stage, an integrated approach to land use and transport for the corridor to better guide its development. This will allow maximization of the benefits capitalizing on this BRT lines. This component, through integrated planning and technical support, will help to maximize the benefits of the phase 1 BRT system and assist with developing priority nodes, encourage potential redevelopment opportunities and private sector investments along the corridor and promote appropriate urban design measures, densification and mix of uses. 18. As part of the preparation process, the Consultant will need to: (i) conduct baseline studies, (ii) develop an integrated corridor development vision, and (iii) establish and prioritize a list of development concepts and alternative options in consultation with the city and relevant stakeholders. The strategy should be developed through a participatory approach and according to the relevant statutory requirements for urban planning. It should incorporate concepts of Transit Oriented Development (TOD), Pedestrian Oriented Development (POD) and focus on “Last Kilometer” connectivity and multimodal integration measures. The plan must additionally connect with the broader urban redevelopment objectives of metropolitan area as well as the TOD Guidelines that will be prepared by the World Bank funded DMDP Project.

19. Component B - Improvement of the Ubungo intersection and complimentary infrastructure for BRT phase 1 system .The Project will support the construction of an interchange at the Ubungo intersection to improve the traffic flow. Apart from the interchange, the Ubungo upcountry bus terminal will be improved and the BRT depot platform will also be constructed behind the upcountry bus terminal and a new road connecting the Ubungo BRT depot to Sam Nujoma road to integrate the upcountry bus terminal/BRT depot with the BRT phase 1 corridor. Additional pedestrian and cyclist infrastructure will be introduced along the BRT phase 1 corridor for about two kilometers from Kibo to Kimara, and the traffic management measures will be supported along the Kimara – Mbezi feeder route for safety and congestion reduction. The component will also support the rehabilitation of 500m section of Obama road and provide a safe passenger integration of the Kivukoni ferry terminal with the Kivukoni BRT terminal.

20. The project will support the construction of a flyover interchange at the Ubungo intersection. The junction is an important intersection of Morogoro Road (BRT phase 1 trunk corridor); Nelson Mandela road (access to port and BRT phase 5 trunk corridor) and Sam Nujoma Road (BRT phase 4 trunk corridor). The separation of conflict points at this traffic bottleneck will improve the traffic flow for the freight cargo to and from the Dar es Salaam port and along the BRT phases 1 and 4 corridors. This activity was identified as part of comprehensive metropolitan transport network analysis produced in 2007/8 as part of the JICA funded Dar es Salaam Transport Policy and Systems Development Master Plan. This analysis involved the collection of traffic volume counts

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at 30 intersections across the city and travel time surveys of the five arterial corridors. With this information intersection sufficiency / volume to capacity calculations were prepared in order to prioritize the city’s intersections for redevelopment based on design constraints and traffic demand projections. Figure 2.4, shown below, illustrates the results of these surveys and analyses. Using a multi-criteria analysis methodology, the 2007/8 Transport Master Plan identified three locations as the most distressed and economically important for the port and commercial freight vehicles. These were the Mwenge, Tazara and Ubungo Intersections.

Due to the situation described above, this Resettlement Policy Framework must be understood as applicable to the DUTP project as a whole, and provides the governing rules and guidelines according to which Resettlement Action Plans (RAP) will be prepared for each project component for additional infrastructure for which

no RAP was earlier prepared.

OBJECTIVES AND PRINCIPLES

1.3 Objectives The objective of this Resettlement Policy Framework Plan is to establish a procedure for resolution of displacement, resettlement and indemnification issues resulting from land acquisition implications for the implementation of DUTP activities as described above in Section 1.2, ensuring that displaced persons are left no worse off than they were before commencement of the project due to loss of land and other properties on that land as well as other livelihoods. The RPF provides guidance on the preparation, implementation, monitoring and reporting of site specific compensation or resettlement action plans whatever applies and is intended to be an agreed commitment by the parties responsible for implementation of the involuntary resettlement. Whereas the RPF focuses on the establishment of guidelines, entitlements and procedures, individual RAPs will include the results of detailed census, property surveys and socio economic surveys, and will thus:

o Identify, as far as possible, people and economic activities currently

occupying the right-of-way (ROW) along DART Phase I, III & IV and others

who will suffer losses;

o Provide a general socio-economic profile of the people living in areas

where displacement will occur;

o Quantify displacement needs;

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o Define entitlements of each affected party (PAP);

o Establish the detailed implementation, monitoring and reporting

arrangements and schedule;

o Outline and establish Grievance redress mechanisms o Provide a detailed budget.

Jointly, this RPF and associated RAPs for DUTP including D A R T P h a s e III and IV will consolidate all social compensation and assistance measures in favor of people and economic activities directly affected by DUTP implementation. Thus, whereas the RPF and RAPs are presented as stand-alone documents, they should be understood as an integral part of DART Phase III and IV (and other DUTP components) Environmental and Social Impact Assessment (ESIA) and, together with other mitigation and compensation programs proposed in that assessment, constitute a comprehensive set of measures that adequately address and manage the environmental and social impacts of this DART system.

1.4 Basic Principles The indemnif ica t ion , c o m p e n s a t i o n a n d resett lement a ss i s t an ce ac t ions and measures included in this RPF will jointly ensure the provision of timely and fair compensation, with the ultimate goal that all displaced persons or activities will be compensated so as to at least restore their pre-project living standard levels or even improve the standards. Displacement to be considered may be physical, economic, social or cultural, resulting in relocation or loss of shelter, loss of assets or access to assets important for production, loss of income source or means of livelihood, or loss of access to locations that provide higher incomes or lower expenditures to business people. In these terms, displacement may occur even when affected people are not required to physically relocate from affected land. Further to displacement compensation as per the requirement specified above, this RPF adopts the following basic principles:

o Equitability will be guaranteed through transparency of eligibility criteria and

procedures for valuation of compensation and allowances, ensuring that all PAP

are treated alike with respect to each entitlement they are eligible for.

o All people affected will be informed in a timely, correct and transparent manner

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about their rights and about their options concerning resettlement, and will have

freedom to choose among the options presented.

o Affected people will be provided with opportunities to participate in the planning,

implementation and monitoring process of the resettlement through public

consultation mechanisms.

o Affected people will receive assistance and support during the transition period.

o Vulnerable PAP (handicapped, elderly and others) will be identified and will be

eligible for special assistance.

o To the extent possible, relocated people and activities will be given an

opportunity to resettle at legally designated or regular locations.

o Resettlement schedules will be compatible with project implementation schedules

and this will ensure that the relocation of people and activities does not happen

before the necessary steps are taken (payment of due compensation,

identification of suitable resettlement options, etc.) and that adequate time is

granted for individuals to relocate and salvage their materials where it applies.

o As possible, project affected people (PAP) shall be given the opportunity to share

the benefits resulting from project implementation for example getting

employment at work sites, etc.

o In case of conflict or inconsistency between the Tanzanian legislation and World

Bank OP 4.12 with regard to involuntary resettlement, this RPF provides

procedures for bridging the gap, and whichever is more beneficial to the project

affected people applies.

1.5 Types of Land Use Interference Created by the Project (DUTP) and

Adjustments to Avoid, Minimize and Compensate Properties to be affected by the DUTP are generally only partially affected since marginal widening of the right-of-way is necessary along most of the corridors’ alignments. However, at station and terminal locations more significant expropriation becomes necessary and hence some properties will need to be purchased

completely and the occupants displaced. Front of building commercial activities are the most affected type of land use. These are distributed with variable density along the project corridor alignments. Higher densities occur where the existing right-of-way has attracted commercial ribbon developments around it. Typically, these ribbon developments are comprised of a large amount of small verandah e x te ns ion s or permanent kiosks attached to the main buildings. However, frequently the front section of the main building is also

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used commercially. Some medium sized commercial activities are also affected as are several petrol stations. Residential land uses along the corridors are also affected,

though much less frequently than commercial uses.It is worth noting that besides buildings and land uses occupying plots adjacent to the corridor rights-of-way, several informal uses of the rights-of-way as such will also be interfered with. These are very diversified. Many abutting shops use the right-of-way to display merchandise (furniture stores, used car dealers, other). Left over spaces are used as taxi spots, daladala parking areas or construction truck spots. Transient street vendors still occupy significant parts of the right-of-way at some locations. Street vendors with fixed kiosks are sparse but are also present in some few areas. All these kinds of informal use of the corridors rights-of-way will be partially affected or displaced with the project implementation. Several project adjustments have been incorporated in order to minimize the need for expropriation and involuntary resettlement. Where this cannot be avoided, compensation will be effected. Standard cross sections were initially established for the DART project for two situations: cross section along the corridor, and standard cross section at bus stations, where the right- of-way needs to be wider. Basic design guidelines adopted in each case were the following: Standard cross section along the corridor:

o Road shall have dual carriage way of four lanes (2x2) for mixed traffic and two

lanes (1x1) for BRT vehicles.

o The minimum width of mixed traffic lanes will be 3.0 m and minimum width of BRT Vehicle lanes will be 3.3m

o Sidewalk and bicycle lanes shall be provided in both directions whenever

possible, with 2.5 m minimum width for sidewalks and 1.5 m wide bicycle lanes.

Standard cross section at bus stations will include additionally: o 5.0 m wide station at the centre of the cross section.

o Two (1x1) additional lanes for BRT overtaking vehicles.

o 0.3 m wide median between bus lanes and private cars.

The standard cross sections are illustrated in Figures 3 and 4 be lo w . As may be noted, these standard sections result in total width of 38.5 m along the corridor and 49.0 m at bus stations. However, where this space is not available, several design compromises were adopted along the corridor’s alignment in order to minimize interference with adjacent land use. These compromises included reduction in the

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number of lanes for general traffic, narrowing of lanes, bikeways and sidewalks among other. A detailed description of the project’s cross sections as adjusted to each segment of the corridor is included in the project’s Environmental and Social Impact Assessment (ESIA)

Figure 3: Cross Sections at Stations

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Figure 4: Cross Sections at Stations

Given the existing conditions and having in mind that on average people are willing to walk 300 meters to attend public transportation, stations were located on average 500 m apart from each other. In some cases in which a station is not required due to insufficient demand or because of physical constraints, this separation was increased, in other cases it was reduced. Thus, location of stations, which is where resettlement needs concentrate, has been adjusted as much as possible in order to minimize interference with existing land use.

Some expropriation will also be necessary at the location of terminals, but this has also been minimized through adaptation of each terminal’s functional design.

The DART technical design has also avoided impacts on expensive, historical and religious structures to minimize resettlement and social impacts and conflicts.

This required reduction of sidewalks and bikeways in some areas.

As a result of the planning and engineering adjustments described above, the most substantial types of resettlement necessary for the project’s implementation relates to small business premises in the front of properties abutting on the corridors (mainly small structures extending forward). However, several medium-sized businesses and residences are also affected.

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2 LEGAL AND POLICY FRAMEWORK

2.1 Land Tenure and Legal Status

The legal framework for resettlement is first and foremost based on the following articles of the Constitution of the United Republic of Tanzania (1977):

o Article 24 (1): Subject to provisions of the relevant laws of the land, every person

is entitled to own property, and has a right to the protection of his property held in

accordance with law.

o Article 24 (2): It shall be unlawful for any person to be deprived of property for the

purposes of nationalization or any other purposes without the authority of law

which makes provision for fair and adequate compensation.

Therefore, payment of compensation is both a legal and constitutional right under Article 24 of the Constitution.

Further to the Constitution, the following are the main legal instruments affecting property acquisition and resettlement in Tanzania:

o Land Acquisition Act No 47 of 1967.

o Land Act No 4 of 1999.

o Village Land Act No 5 of 1999.

o Complementary regulations issued in 2001.

The legal basis for compensation / acquisition of private properties or right-of-ways for infrastructure and other development projects is contained mostly in Land Act No. 4 of 1999, Village Land Act No. 5 of 1999 and Land Acquisition Act No 47 of 1967.

Land Act No. 4 of 1999 is basically about land tenure and land rights, but also addresses issues of compulsory acquisition, mortgages and regularization of unplanned areas.

Land Act No 4 of 1999 and Village Land Act No. 5 of 1999 and their respective Land and Village Land Regulations, including in particular Supplement No. 16 of 2001, govern the procedures for assessment and payment of compensation for land and unexhausted improvements, loss of accommodation, loss of profit, disturbance and transport.

Section 3 (1) (a) of Land Act No. 4 of 1999 establishes that all Land in Tanzania is public land. Therefore, private land as such does not exist. Occupancy of Land by

21

individuals is granted legally through a “grant of a right to occupancy”.

The Government leases Land under the Right of Occupancy system for varying periods at economic ground rents. Such rent is reviewed periodically (normally at 10 yearly intervals). The ground rent paid in respect to government Right of Occupancy is the Land Rent levied under section 7(2) of the Land Ordinance. All urban land in Tanzania is liable to a payment of Rates in lieu of Land Rent as per the Urban Authorities (Rating) Act of 1983.

Further to Public Land, the Land Act recognizes “Village Land” and other forms of customary tenure.

Section 3 (1) (f) of Land Act No. 4 of 1999 provides that “interest in Land has value and that value must be taken into consideration in any transaction affecting

Land”. Therefore the, acquisition of Land will include compensating owners for bare land in addition to unexhausted improvements.

Sub-paragraph (g) of the same section provides that full, fair and prompt compensation has to be paid to any person whose “right of occupancy or recognized long-standing occupation or customary use of land” is affected or

interfered with to their detriment. Thus, compensation for land in project-affected areas (which are urbanized and over which no customary forms of tenure prevail), is forthcoming only where its occupancy has been legally granted or is long-standing.

However, in recognition of the existence of informal types of tenure in urban areas, the Land Act provides for the validation of interests in land other than a granted right of occupancy (s. 53-55). In order to address the question of many people acquiring and occupying urban land otherwise than through a granted right of occupancy, the act introduces the concept of a residential license as a derivative right (section 23 of the Act). Any person who at the commencement of the act (1999) has occupied land in an urban area or peri-urban area as his home for no less than three years, without any officially granted right of occupancy, can receive a “residential license” and is entitled for compensation of land should it be required for a public purpose. Residential licenses have limited validity (maximum of two years) and need to be continuously renewed.

2.2 Property Valuation Norms Valuation Methods are established in Land Act No. 4 of 1999.

Land

This type of compensation applies to all affected households that hold officially granted rights of occupancy or alternatively possess a residential license. Compensation is forthcoming regardless of whether there is need for resettlement or the affected party opts to rearrange within the remaining plot.

22

In accordance with section 3 of the 2001 Regulations of Land Act No. 4 of 1999 the basis for assessment of the value of lands affected by the project is the market value of the respective land.

Buildings In the case of buildings, local practice in Tanzania adopts estimate of surrogate market value through Replacement Cost Methods. This method establishes the price on the basis of the estimated cost of erecting a similar unit at today’s price. The observed condition of the building is taken into account and is used as a basis to allow depreciation to be discounted from the Replacement Cost figure in order to establish what would be the likely price a person may be prepared to pay for the subject property if given opportunity to buy.

The “Depreciated Replacement Cost” thus obtained is considered to be equal to “Market Value”.

In cases where more than 50% of a property is affected, compulsory expropriation of 100% proceeds and valuation needs to proceed accordingly.

2.3 Other Legally Established Indemnification and/or Compensation

Regulations of Land Act No. 4 of 1999, made under Section 179 of the Land Regulations which became operational in May 2001, contemplate several complementary compensation allowances for which expropriated parties are eligible. These include:

o Disturbance allowance;

o Transport allowance;

o Loss of profit or accommodation allowance;

o Accommodation allowance.

Disturbance Allowance is payable as a percentage of property valuation in compliance to the provisions of Act No. 4 of 1999. The percentage is the average commercial bank rates offered on fixed deposits during 1 year.

In accordance with Section 11 of the Regulations of Land Act No. 4 of 1999, a transport allowance is paid to all project-affected persons that will need to be displaced. The payment is intended to meet transport cost incurred by property owners. It is specifically noted that valuers may apply this compensation to all properties, i.e. to the vast majority of those who will not be resettled. It may also be applied to tenants. Transport allowance is computed on the basis of market rates for

23

transportation services within the project area, considering the average cost of transporting 12 tons over a distance of 20 Km.

In accordance with Section 9 of the 2001 Regulations of Land Act No. 4 of 1999, the net monthly profit obtained from businesses associated with the affected properties needs to be assessed. Audited accounts need to be analyzed as proof of declared profits. In the absence of audited accounts, valuers can establish loss of profit compensation on the basis of official guidelines. In this case, the amount allowed by valuers does not exceed one million shillings per annum. Compensation is forthcoming on the basis of estimated loss of profit over a 36 month period. This calculation can apply also to businesses that are only temporarily affected during the project’s construction phase. This compensation will be made to all businesses regardless of the status (owner or tenant) of the affected building. However, in the case of businesses that occupy own premises, accommodation and disturbance allowance is paid and this is understood to incorporate loss of profit.

As long as the respective business is affected by the project, the loss of profit shall be exclusively and directly paid to the person who loses his/her business premises.

Accommodation allowance applies to all structures or portions of structures that are to be demolished, regardless of whether resettlement is required or not. This allowance is meant to compensate affected peoples for the costs incurred during the period when construction of new structures is under way. In accordance with

Section 8 of the 2001 Regulations of Land Act No 4 of 1999, accommodation allowance is calculated on the basis of monthly rent multiplied by 36 months. Monthly rent is equivalent to the market rental value of the affected part of the property per month.

2.4 Tanzania Legal and Regulatory Requirements and Comparison with WB OP 4.12 – Gap Analysis

Based on review of pertinent Tanzanian legislation (Sections 3.1 through 3.3) and criteria adopted in the World Bank’s OP 4.12, the following main gaps have been identified and will be closed as shown in Table 1 below:

Table 1: Comparison of Tanzanian and World Bank Policies on Resettlement and Compensation

Comparison of Tanzanian and World Bank Policies on Resettlement and

Compensation

Types of affected

Persons/Lost Assets

Tanzanian Law World Bank OP

4.12

Comparison/Gaps

Land Owners The Land Acquisition

Act, the Land Act

1999 and the Village

Displaced persons

are classified into

three groups:

There is no gap

between Tanzania and

24


Compensation

Types of affected

Persons/Lost Assets


4.12

Comparison/Gaps

Land Act 1999 have it

clearly that land

owners, with or

without formal legal

rights, are entitled to

full, fair and prompt

compensation. They

also get disturbance

allowance,

The law does not

cover economic and

social impacts of

relocation and as

such socio-economic

surveys are not part

of the land acquisition

process

(a) those who have formal legal rights including customary and traditional rights;

(b) those who do not have formal legal rights to the land but have a claim to such land or assets provided that such claims are recognized under the law of the country

(c) those who have no legal rights to the land they are occupying

Land owners under

categories (a) and

(b) above, are

among the PAPs

who are entitled to


compensation for

land as well as

other relocation

assistance.

Socio-economic

impacts to PAPs

are taken into

consideration in

preparing the RAP

OP 4.12 as far as those

with formal legal rights

are concerned

WB OP 4.12 recognizes

a wider spectrum of

PAPs compared to

Tanzanian law including

tenants and squatters

who do not have legal

rights to the land they

are occupying.

WB OP 4.12 includes

squatters among the

PAPs who are entitled

to compensation for

using the land and

resettlement assistance

in lieu of the land they

occupy, as well as other

assistance.

However, the lost assets

in Tanzania are

restricted to land and

developments on land,

and where relevant, loss

of profits. The lost assets

under OP 4.12 are much

wider than land and

include loss of access to

livelihoods and standard

of living and seeks to

improve them or at least

to restore them to pre-

displacement levels

Under this RFP land

acquisition will consider

the Tanzania valuation

process as well as the

O.P 4.12 requirements

and compensate for the

25


Compensation

Types of affected

Persons/Lost Assets


4.12

Comparison/Gaps

land as well as

disturbance costs and

provide assistance to

those that do not own

the land they occupy.

Land

Tenants/Squatters/Encroachers

Tanzanian law does

not recognize tenants

as being entitled to

compensation

Tenants would be

under category (b)

above and are

among the PAPs

who are entitled to


compensation and

other relocation

assistance

WB OP 4.12 recognizes

a wider spectrum of

PAPs. The Tanzania

spectrum is limited to

those who can prove

proprietary rights. It

does not include tenants

WB OP 4.12 includes

squatters and tenants

among the PAPs who

are entitled to


in lieu of the land they

occupy, as well as other

assistance.

This is different from the

Tanzanian situation

where people who do

not have legal right of

the affected land are not

entitled to any

assistance.

Under this RPF tenants

and squatters will be

considered as per

OP4.12: however illegal

owners /encroachers

will not be entitled for

compensation of land.

Squatters may be

paid compensation

on the whims of the

government.

E.g include those

who construct on

road reserves are not

paid

Squatters may fit

category (c) above

and are provided

resettlement

assistance in lieu of

compensation for

the land they

occupy as well as

other relocation

assistance and

compensation for

lost assets.

Land Users Tanzania law on

compulsory

acquisition and

compensation is

limited to those who

can prove de jure or

de facto land

ownership. Users are

not covered

WB OP 4.12

includes displaced

persons who have

no recognizable

legal right or claim

to the land they are

occupying

26


Compensation

Types of affected

Persons/Lost Assets


4.12

Comparison/Gaps

They will be given


which is in fact the

disturbance allowance

that caters for their rent

in the new found

premises, etc., that is

provided under the

Tanzania guidelines.

Owners of non-permanent

buildings

Tanzanian law makes

no differentiation

between owners of

permanent and non-

As long as ownership

can be proved

compensation is

payable.

Determination of

compensation is

based on the market

value of the property.

In practice though,

the depreciated

replacement cost

approach is used,

meaning that PAPs

do not get the full

replacement cost of

the lost assets.

Under the WB OP

4.12 permanent

and non-permanent

buildings need to

be compensated.

Where however,

the displaced

persons have no

recognizable legal

rights they are to

be provided with

resettlement

assistance in lieu of

compensation for

the land they

occupy, as well as

other assistance

and compensation

for assets..

Cash

compensation

levels should be

sufficient to replace

the lost land and

other assets at full

replacement cost in

local markets

without

depreciation.

The gap between

Tanzania and WB OP

4.12 is about eligibility,

which is hinged upon

formal ownership.

While, in Tanzania,

compensation is based

on market value,

determined using the

depreciated

replacement cost

approach for

developments on land,

WB OP 4.12 requires

that compensation

should be sufficient to

replace the lost land and

other assets at full

replacement cost. Under

this RPF the full

replacement values will

be the practice.

Owners of permanent buildings

Timing of compensation

payments

Tanzanian law

requires that

compensation be full,

WB OP 4.12

displaced persons

are provided

In terms of timing, both

Tanzanian laws and WB

OP 4.12 require that

27


Compensation

Types of affected

Persons/Lost Assets


4.12

Comparison/Gaps

fair and prompt.

Prompt means it

should be paid within

six months, failure to

do which attracts an

interest rate

equivalent to the

average rate offered

by commercial banks

on fixed deposits.

Legally,

compensation for the

acquired land does

not have to be paid

before possession

can be taken.

In practice,

compensation is not

paid promptly most of

the time, and delays

are not rectified

paying the interest

rate as required by

the law

prompt and

effective

compensation at

full replacement

cost for losses of

assets directly

attributable to the

project before any

civil work starts

compensation be paid

promptly.

This however, rarely

happens in practice as

can be testified from

many projects that have

involved large scale

land acquisition.

OP 4.12 requires

payment of

compensation and other

assistance prior to

displacement. This RPF

will comply with the

requirements of OP

4.12. and compensate

the affected people prior

to both their

displacement and the

start of civil works..

Calculation of compensation

and valuation

According to the Land

Assessment of the

value of Land for

Compensation)

Regulations, 2001, as

well as the Village

Land Regulations,

2001, compensation

for loss of any

interest inland shall

include the value of

unexhausted

improvements,

disturbance

allowance, transport

allowance,

accommodation

WB OP 4.12

requires that the

displaced persons

be provided with

prompt and

effective

compensation at

full replacement

cost for losses of

assets attributable

direct to the project.

Replacement cost

is the method of

valuation of assets

that helps

determine the

Tanzania law provides

for the calculation of

compensation on the

basis of the market

value of the lost land

and unexhausted

improvements, plus a

disturbance,

accommodation, and

accommodation

allowance, and loss of

profits where applicable.

Since depreciation is

applied, the amount

paid does not in most

cases amount to that

28


Compensation

Types of affected

Persons/Lost Assets


4.12

Comparison/Gaps

allowance, and loss

of profits.

The basis for

assessment any land

and unexhausted

improvement for

purposes of

compensation is the

market value of such

land.

The market value is

arrived at by the use

of comparative

method evidenced by

actual recent sales of

similar properties; or

by the use of the

income approach, or

replacement cost

method, where the

property is of special

nature and not

saleable.

In practice, with land

an attempt is made to

establish market

value from recent

sales, but these are

usually not

transparent. As for

unexhausted

improvements in

terms of buildings

and other civil

infrastructure, the

depreciated

replacement cost

approach is used

amount sufficient to

replace lost assets

and cover

transaction costs.

Depreciation is not

to be taken into

account when

applying this

method.

For losses that

cannot easily be

valued or

compensated in

monetary terms

(e.g. access to

public services,

customers and

suppliers, or to

fishing, grazing or

forest areas)

attempts are made

to establish access

to equivalent and

culturally

acceptable

resources and

earning

opportunities.

required to replace the

lost assets. Tanzania

laws are restricted to

land and developments

on land, and loss of

profits whereas WB OP

4.12 considers all types

of losses and provision

of alternative

compensation

measures.

Full Replacement cost

without depreciation will

apply for this project.

Relocation and Resettlement Tanzanian laws do

not provide for

WB OP 4.12

stipulate that where

Tanzanian law provides

for transport allowance

29


Compensation

Types of affected

Persons/Lost Assets


4.12

Comparison/Gaps

relocation and

resettlement.

However, there are a

few cases where the

government has

provided both

compensation and

alternative land, but

this has been done at

its discretion. In

general however, the

government feels that

it has discharged its

duty once

compensation is paid,

and it is up to the

displaced persons to

resettle and re-

establish themselves

elsewhere.

project impacts

include physical

relocation,

measures should

be taken to ensure

that the displaced

persons are: (i)

provided with

assistance (such as

moving allowance)

during relocation;

and (ii) provided

with residential

housing, or housing

sites, or, as

required,

agricultural sites for

which a

combination of

productive

potential, location

advantages and

other factors is at

least equivalent to

the advantages

lost.

for 12 tons of luggage

for up to 12 kilometres

from the acquired land,

provided the displaced

person was living on

that land.

In lieu of housing

accommodation

allowance is made in

the form of rent for 36

months.

Occasionally, in a

discretionary manner

and depending on

availability alternative

land will be awarded.

Livelihood restoration and

assistance

There are no legal

provisions requiring

the government to

restore livelihood or

to provide assistance

towards the

restoration of such

livelihoods.

Indeed,

compensation is not

payable in the case of

restrictions to access

to areas of livelihood

opportunities.

Moreover there are

WB OP 4.12

provides that the

resettlement plan

or policy include

measures to

ensure that the

displaced persons

are (i) offered

support after

displacement for a

transitional period,

based on a

reasonable

estimate of the time

likely to be needed

to restore their

livelihood and

There are no transitional

measures provided for

under Tanzanian law

and practice; nor are

there provisions for

compensation as a

result of restrictions to

access to livelihood.

The Tanzanian law does

not make provisions

requiring the

government to pay

special attention to

vulnerable groups in the

administration of

compensation.

30


Compensation

Types of affected

Persons/Lost Assets


4.12

Comparison/Gaps

no provisions that

require the

government to pay

special attention to

vulnerable groups or

indigenous peoples

standard of living;

and, (ii) provided

with development

assistance in

addition to

compensation

measures, such as

land preparation,

credit facilities,

training or job

opportunities.

Under this project, due

to its urban context and

the fact that full

replacement value will

be awarded to the

affected people ,there is

a tendency to leave the

area and find bigger and

cheaper land outside

the project area. The

project will therefore

determine the extent of

livelihood restoration

and specific measures

after number of PAHs

remaining in the project

area have been

identified. Specific

needs of the PAHs will

be assessed and

measures determined.

The same will apply to

the vulnerable PAHs

and PAPs who will get

closer attention to

enable them overcome

the negative project

impacts during the

verification exercise

prior to implementation

of the RAP. The details

of assistance to be

provided is in Section

3.3.

Consultation and disclosure There scanty

provisions related to

consultation and

disclosure in

Tanzanian law.

The notice, under the

Land Acquisition Act,

informs land owners

WB OP 4.12

requires that

displaced persons

are (i) informed

about their options

and rights

pertaining to

resettlement; and,

(ii) consulted on,

The provisions in WB

OP 4.12 requiring

consultation and

disclosure have no

equivalent in Tanzanian

law and practice. This

project will have

continuous

consultations with the

31


Compensation

Types of affected

Persons/Lost Assets


4.12

Comparison/Gaps

about the President’s

need to acquire their

land, and their right to

give objections. The

Land Act allows

displaced persons to

fill in forms requiring

that their land be

valued, and giving

their own opinion as

to what their assets

are worth.

Since resettlement is

not provided for

legally, there are no

provisions about

informing the

displaced persons

about their options

and rights; nor are

they offered choice

among feasible

resettlement

alternatives.

offered choices

among, and

provided with

technically and

economically

feasible

resettlement

alternatives.

PAPs and their local

leaders, and starting

with the verification

exercise prior to RAP

implementation.

Grievance mechanism and

dispute resolution

Under s. 13 of the

Land Acquisition Act,

where there is a

dispute or

disagreement relating

to any of .the

following matters:

(a) the amount of compensation;

(b) the right to acquire the land;

(c) the identity of persons entitled to compensation;

(d) the application of section 12 to the land;

(e) any right privilege

WB OP 4.12

provides that

displaced persons

and their

communities, and

any host

communities

receiving them, are

provided with timely

and relevant

information,

consulted on

resettlement

options, and

offered

opportunities to

participate in

The law in Tanzania

does not provide for the

establishment of

grievance resolution

mechanisms specific to

particular resettlement

cases.

Tanzania has a well

established and

accessible local

grievance redress

mechanism through

existing systems and

structures. However for

this project,

comprehensive GRMs

32


Compensation

Types of affected

Persons/Lost Assets


4.12

Comparison/Gaps

or liability conferred or imposed by this Act;

(f) the apportionment of compensation between the persons entitled to the same and such dispute or disagreement is not settled by the parties concerned within six weeks from the date of the publication of notice that the land is required for a public purpose the Minister or any person holding or claiming any interest in the land may institute a suit in the High Court of Tanzania for the determination of the dispute.

In practice the

government tries to

resolve grievances

through public

meetings of the

affected persons.

planning

implementing and

monitoring

resettlement.

Appropriate and

accessible

grievance

mechanisms must

be established for

these groups

will be set up as further

described herein(see

Section 5.2 on GRM).

Table 1 above considers the following:

1. 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 or where a residential license (in the urban context) been obtained.

33

Thus, some properties that are irregularly occupied will only be compensated for affected structures (unmovable assets) atfull 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.

2. Loss of profit compensation for businesses to be relocated

Under Tanzanian law only businesses occupying rented premises will be compensated for loss of profit. This 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 the value of profit can be adopted.

However, no loss of profit compensation is foreseen in Tanzanian law in the case of displaced businesses occupying premises that belong to the owner of the business. Whereas it may be argued that this property owner is already receiving disturbance allowance (4% of the market value of affected property) and accommodation allowance (36 months of market rental value), lost profit can represent a value larger than these allowances.

3. Loss of rental income

Compensation of non-occupant owners for lost rental income is meant to be covered by accommodation allowance. However, Tanzanian law is not clear as to whether or not the accommodation allowance is to be paid when only part of a structure is expropriated and the owner (or tenant) continues to live on the remaining part of the property. In practice accommodation allowance is calculated based on whatever room is left of the property.

4. Compensation for additional living costs

Disturbance and accommodation allowances should jointly compensate for additional costs incurred during the transition to a new location. However, there may be some living costs which will be permanently altered as a result of resettlement. These include transportation costs to work and school, as well as on- site costs of living, such as rent, water and sewer collection fees, garbage collection fees, energy bills, land rent and property tax. Where such additional costs can be demonstrated to be a result of lack of option (as opposed to preference for the chosen new place of residence), some form of compensation or assistance should be implemented.

All these 4 have been incorporated in the table above.

34

3 CATEGORY OF PROJECT AFFECTED PEOPLES (PAP) AND COMPENSATION

3.1 Category of Project Affected Peoples The baseline studies along the corridor’s alignment and adjacent land uses, developed as part of the Environmental and Social Impact Assessment, allowed for identification and categorization of Project Affected Peoples (PAP). These categories are all described below. As will be noticed, categorization has taken into account a diverse set of variables, including current occupancy condition, types of property use, physical characteristics of installations and entitlement eligibility criteria.

Non-occupant owner of property that will be totally affected.

In many cases, property to be affected is not occupied by the legal owner. This condition is more frequent in the central business district where rental property is more usual. Where the complete property needs to be acquired, the affected owner will lose land and unmovable assets as well as rental income. Non-occupant owner of property that will be partially affected. Where only partial expropriation takes place compensation will be limited to the affected land and structures. Impact on rental income may be marginal.

Owner-occupiers of residencies that will need to resettle after displacement.

This category is self-explanatory and will be entitled to the full range of compensation and allowances provided by Tanzanian law, as well as some complementary assistance as applicable under the terms of this Resettlement Policy Framework. It is important to observe that compensation for bare land will only be forthcoming where it has been officially granted a right of occupancy, or if the owner holds a residential license. Owner-occupiers of residences that will be partially affected but may reinstall in same plot.

This category is grouped separately since it will have access to a different set of entitlements. Owners of businesses in own premises that will need to relocate. This is one of the largest groups of Project Affected Peoples. In many cases, businesses occupy the front room of residences. These will be compensated fully. Owners of businesses in own premises that will be able to reinstall in the same plot.

35

Some of the businesses fronting the alignment of the corridors will be able to continue to operate in the same plot. In some cases, where the front room of the building is used commercially and the back rooms are used residentially, it is possible that the business will relocate within the same plot, but residential occupancy will no longer be viable. In this case, the displaced family will be compensated accordingly. Owners of businesses occupying rented premises that will relocate

Owners of partially stationary and mobile petty business that will relocate during project construction. Discussions between the project and the relevant authorities who allocate alternative space for the stationary vendors like the municipalities will be undertaken to decide on the roads these can move to.

3.2 Compensation The compensation will be implemented as follows: Compensation for loss of property

Property compensation provided for by Tanzanian law, includes the following: o Compensation for land whose occupation has been officially granted or which

holds a valid residential license.

o Compensation for loss of structures and other unmovable assets.

Land will be compensated at market value only where regularly occupied. In cases of properties occupying land irregularly, only compensation for structures and other unmovable assets is provided for. These are valued at replacement cost. Thus, Tanzanian legislation allows for indemnification of all loss of structures and unmovable assets, even if located within public rights-of-way. Disturbance allowance Property owners of houses and businesses are entitled to receive a disturbance allowance, both in cases where full relocation is unavoidable and in cases where rearrangement of new structures within the same plot is possible. This disturbance allowance is equivalent to the market value of the property multiplied by the average commercial bank interest rate for a one year period. In this Resettlement Policy Framework, a 4% per year interest rate is adopted for purposes of calculation of disturbance allowance.

Transportation allowance

36

Owners and tenants of houses and businesses that will need to relocate are entitled for transportation allowance. This allowance is established on the basis of the cost of hauling twelve tons over a distance not exceeding 20 kilometers. Based on a survey of market rates for transportation services in the project area, the RPF has established this cost at TZS 120,000/=. Based on judgement of the valuer, this allowance may be paid also in the case of properties that are only partially affected. Accommodation allowance Accommodation allowance applies to occupiers of all structures that are to be demolished and where resettlement is required. This allowance is meant to compensate affected owners for the costs incurred during the period when construction of new structures is under way. In accordance with Section 8 of the

2001 Regulations of Land Act 4 of 1999, accommodation allowance is calculated on the basis of monthly rent multiplied by 36 months. Monthly rent is equivalent to the market rental value of the acquired property per month. Thus, in the case of owner-occupiers, accommodation allowance should cover the costs of renting an equivalent property during 36 months. In the case of absentee owners (i.e. landlords), accommodation allowance should compensate fully for the loss of the total rent per month that the landlord receives from the tenant. Accommodation allowance is not paid when only part of a structure is acquired and the owner or occupier continues to live on the remaining part of the property. Loss of accommodation for displaced tenants

Loss of accommodation for a tenant who is occupying an acquired property and will be displaced is the monthly rent he or she is paying multiplied by 36 months. Loss of profit compensation In accordance with Section 9 of the 2001 Regulations of Land Act 4 of 1999 the net monthly profit obtained from the business associated with the affected properties will be assessed (for high incomes, evidenced by audited accounts where necessary and applicable, for low incomes to be approved by authorities’ business list), and multiplied by 36 months in order to arrive at loss of profit payable. This calculation will also apply to businesses that are only temporarily affected during the project’s construction phase. This Resettlement Policy Framework establishes that in cases where no audited accounts are available, average monthly profit will be taken to be TZS 90,000/=.

This compensation will be made to all businesses occupying rented premises. In the case of businesses occupying own premises, accommodation allowance and disturbance allowance will be paid in lieu of loss of profit.

37

3.3 Complementary Compensation and Assistance Whereas the compensation and assistance measures listed in Section 5.1 go a long way towards meeting OP 4.12 requirements, some gaps exist and a set of complementary measures has been established under this Resettlement Framework Policy in order to bridge them. These include: Property compensation bonus

Owner-occupiers of houses and businesses that will need to relocate may be unable to find alternative installations which are equivalent to the current ones, if they do not receive compensation for land as a result of the fact that occupancy has not been officially granted and no valid residential license s at hand. In these cases, a complementary compensation bonus will be contemplated. Decision on eligibility for this bonus will be taken after initial searching of alternative installations, and the amount of the bonus will be that which is strictly necessary in order to purchase an equivalent alternative. In any event, the amount of the compensation bonus will never exceed the market value of the land irregularly occupied at the existing property. Complementary transition allowance It is not certain that disturbance, transport, accommodation and loss of profit allowances as assessed by the valuer will cover all the transition costs incurred by PAPs as a result of DUTP implementation. In cases of property owners that will be partially affected, loss of rental income may occur and compensation for this may have not been considered by the valuer. Loss of profit of businesses occupying own premises will need to be compensated where it can be demonstrated to be larger than disturbance and accommodation allowances. This Resettlement Policy Framework provides for complementary allowance for transition costs (i.e. costs incurred in the process of resettling or rearranging residential or commercial uses to a new post-project condition), where the affected party can demonstrate that the compensation received on the basis of the valuer’s

assessment was insufficient. The burden of proof will be with the affected party in all cases.

It is important to highlight that this complementary allowance is not redundant or in conflict with the RPF’s grievance redress procedure. Grievance redress will take place prior to compensation and resettlement. The complementary transition allowance is an ex-post procedure, where the affected party is allowed the chance to prove that his transition costs were higher than assessed and consequently receive

38

complementary compensation. In assessing requests for complementary transition allowance, data collected through the Property Survey Inspection and Valuation Questionnaire (Annex 02 )will be used as a baseline against which to verify information supplied by PAPs Complementary allowance for additional cost of living

Only owners-occupiers of residences that will need to relocate will be eligible for complementary allowance for additional cost of living The Socio-Economic Survey Questionnaires (Annex 03to be applied on occupants of houses that will need to relocate as part of Resettlement Action Plans, include detailed information on current living costs which may be altered as a result of resettlement. These include transportation costs to work and school, as well as on- site costs of living, such as rent, water and sewer collection fees, garbage collection fees, energy bills, land rent and property tax. Thus, it will be possible to compare future living costs with previous living costs. Where it can be demonstrated that additional costs of living were incurred at the new location and that this was a result of absence of choice (i.e. the affected PAP moved to a more costly place of living not out of preference but because of lack of other viable alternatives), a complementary cost of living allowance will be forthcoming. This type of additional cost of living is not contemplated by valuers when assessing allowances under Tanzanian law since said allowances are basically meant to compensate transition costs. Complementary cost of living allowance under this RPF will be paid on the basis of assessed additional living costs over a 24 month period. Once again in this case, the burden of proof will lie with the affected party. Tenant unexhausted improvements compensation

Tenants of houses and businesses may have implemented improvements on the basis of multi-year rental agreements. When these agreements are ceased as a result of the need for resettlement, investment in these improvements must be considered unexhausted. In fact, compensation for this improvement will in theory be included in the owner’s compensation for structures and unmovable assets. However,

it is not reasonable to expect that tenants obtain compensation for unexhausted improvements from the owner (landlord). Due to this, this Resettlement Framework Policy will allow for tenant compensation in the case of unexhausted improvements, on the basis of proper demonstration of the improvements which were made and their approximate costs. Compensation will be partial and will consider the amount of time the rental contract was shortened as a portion of total contract duration. First refusal rights over future rented commercial space in terminals and feeder

39

stations All businesses that will need to relocate, whether in rented or owner-occupied premises, will have first refusal rights for renting commercial shops or boxes to be installed at terminals and feeder stations. This entitlement may be extended, subject to availability of shops or boxes, to businesses that will be partially affected by the DART’s alignments but will not need to relocate. A significant amount of commercial space has been planned into the lay-out of terminals and some additional space has is being planned at some feeder stations. These commercial spaces will benefit from proximity to passenger traffic and thus will probably constitute an improvement in commercial terms, when compared to the affected parties’ current location. Moving assistance

Moving assistance will be provided for PAPs that will incur in moving costs but are not eligible for transportation allowance, or in cases where said transportation allowance is clearly insufficient. Search assistance All owners and tenants of houses and businesses that will need to relocate will be assisted in searching alternative locations. This assistance will be made operational by assembly of a data bank on available properties in neighborhoods of interest. Legal assistance for purchase

All property owners that will need to purchase alternative property will be assisted during contract negotiations in order to insure that proper terms are subscribed. This legal assistance will include verification of the legal status of the properties to be purchased, particularly with regard to occupation of land. Vulnerable PAP special support The Socio-Economic Survey Questionnaires to be applied during Resettlement Action Plan development (Annex 03), include identification of any persons which are handicapped or require special assistance in any form. Vulnerable persons will

receive special and individual assistance as necessary in all cases.

Unproductive labor compensation

In cases of commercial activities which are temporarily closed or which loose significant volume of business during construction, wages of employees will be paid for up to three months, in order to avoid unnecessary lay offs. Wages will be paid to the business owner upon subscription of an agreement not to lay off any employees. Decision on applicability and duration of this type of compensation will be based on

40

request from the business owner and will take into account the updated construction schedule. Income restoration assistance Loss of employment may occur as a result of displacement of businesses, temporary loss of sales, or temporary closure of businesses. Affected employees will be eligible for this assistance, which will include outplacement assistance as well as training for specific tasks in order to enhance placement possibilities. Relocation assistance for informal users of the right of way

As indicated in the typology of Project Affected Peoples, there are several types of

informal users of the right of way. This includes taxi spots, daladala parking areas, construction truck waiting areas, as well as non-transient street vendors. All these types of PAPs will be assisted trough indication of alternative locations where they can continue to develop their current activity, as well as with necessary permitting in order to ensure that activities at new locations are conducted in a legally regular manner. Indirectly affected commercial relocation assistance As mentioned in the typology of Project Affected Peoples, some businesses occupying the rights-of-way of the corridors may become unfeasible when informal use of the right-of-way is interrupted. This may be the situation of several bars and restaurants that place chairs and tables on the streets, furniture stores using the right- of-way as a display area, and others. Whereas these indirectly affected businesses will not be eligible for compensation since property as such will not be affected, they will be assisted in finding new commercial locations and may also receive moving assistance as necessary.

3.4 Entitlements by PAP Category Compatible with the classification of entitlements established in Sections 5.1 and 5.2 above, allocation of entitlements will also be a two-stage procedure. Initially, the appointed municipal valuers, accompanied by a consultant valuer, will proceed with valuation and allocation of allowances according to legally established criteria as per Section 5.1. Subsequently, the Resettlement Planning and Implementation Team (RPIT), structured as specified in Section 9.0, will establish eligibility for complementary compensation as per Section 5.2. In establishing valuation and allowances according to Tanzanian legislation, valuers will proceed on the basis of information gathered through the Property Survey Inspection and Valuation Questionnaire (Annex 02). In establishing complementary entitlements, the Resettlement Planning and

41

Implementation Team (RPIT) will proceed on the basis on the Socio-Economic Questionnaires (Annex 03). Table 2, 3 & 4 below summarizes eligibility criteria under this Resettlement Policy Framework by presenting the list of possible entitlements per PAP category.

Table 2: Entitlements per Category of PAP

PAP Category (8) Entitlements through

Valuers

Entitlements through

Resettlement Planning and

Implementation Team (RPIT) Non-occupant

owner of totally

affected property

Land

indemnification (1)

Structure indemnification Disturbance

allowance Accommodation

allowance

Complementary transition

allowance (6) Search

assistance Legal assistance Non-occupant

owner of partially

affected property

Land indemnification (1)

Structure

indemnification

Disturbance

allowance

Complementary transition allowance (6)

Owner-occupier of

residence that will need to resettle

Land

indemnification (1) Structure indemnification

Disturbance allowance

Accommodation allowance Transportation

allowance

Property compensation

bonus (2) Complementary transition allowance (6) Complementary cost of living

allowance (7) Search assistance

Legal assistance

Owner-occupier of residence that will remain or re-install in

same plot

Land indemnification (1) Structure

indemnification Disturbance

allowance

Complementary transition allowance (6)

Owner of business

in own premises

that will relocate

Land indemnification (1)

Structure indemnification

Disturbance allowance Accommodation

allowance Transportation allowance

Property compensation bonus (3) Complementary

transition allowance (6) First refusal rights over future

rented commercial space Unproductive labor compensation Search assistance

Legal assistance

Owner of business in

own premises that will reinstall in same plot

Land

indemnification (1) Structure indemnification


Complementary transition

allowance (6) First refusal rights over future rented commercial space (subject to

availability) Unproductive labor compensation

Owner of business in rented premises that will relocate

Loss of profit compensation

Moving assistance Unexhausted improvements

compensation (5) First refusal rights over future rented commercial space Search assistance

Owner of business in rented premises that will reinstall in same

plot


First refusal rights over future rented commercial space (subject to

availability) Unexhausted improvements

compensation (5)

Commercial tenants / concessionaires at

Ubungo terminal


Moving assistance Collective re-installation project

Unproductive labor compensation

43

Table 3: Entitlements per Category of PAP

TYPE OF LOSS Unit of

Entitlement

ENTITLEMENTS

Compensation

for Lost Assets

Transport

Allowance Other Assistance

Loss of

residential

structure

Household Compensation at

replacement

value of structure

at full

replacement

value and

affected land

Moving 12 tons

of goods for a 20

km. distance

Disturbance

Allowance (calculated

at 8% of total

compensation cost)

Accommodation

allowance (36months

rates

Loss of

commercial

structure

Enterprise

owner

Compensation at

replacement

value of structure

and affected land

Moving 12 tons

of goods for a 20

km. distance

Disturbance


at 8% of total

compensation cost

Loss of profit

allowance (36months

rates

Disturbance

Allowance

Loss of

permanent

crops and trees

Household Compensation

of crops at

market value and

value of affected

land

N/A Disturbance


at 8% of total

compensation cost)

Public/communi

ty property

Concerned

public or

private entity

Compensation at

replacement

value or

construction of

alternative

structure or

alternative site

by agreement

Moving 12 tons

of goods for a 20

km. distance( a

structure is

involved)

Disturbance


at 8% of total

compensation cost)

Loss of Land Household/P

ublic

Compensation at

Market value

N/A Disturbance Allowance

(calculated at 8% of

total compensation

cost)

Graves Household or

Community

Compensation

for relocation to

alternative site

Transport

allowance for

moving the

remains

Allowance for reburial

and associated

cultural procedures,

etc.

44


Entitlement

ENTITLEMENTS

Compensation

for Lost Assets

Transport


Loss of mobile

business

Petty

business,

Alternative site to

undertake the

business

Transport

allowance if they

have to relocate

-

Table 4 Entitlements per Category of PAP - continued

PAP Category (8) Entitlements

through

Valuers

Entitlements through Resettlement

Planning and Implementation Team

(RPIT) Residential tenants that will relocate Loss of

accommodation Moving assistance Search

assistance Unexhausted

improvements compensation (5)

Residential tenants that will reinstall

in same plot

Unexhausted improvements

compensation (5)

Employees in worker’s housing that will need to relocate

Transport allowance

Collective relocation project

Illegal occupants of worker’s housing

that will need to relocate

Search assistance

Owners of businesses (in either

own or rented premises) that will suffer provisional closure or

provisional loss of business during construction


Unproductive labor compensation (4)

Authorized non-transient street vendors


Relocation assistance Moving assistance

Other street vendors (daily

transient vendors)

Relocation assistance

Owners of businesses to be indirectly

affected by project


Other informal users of ROW

to be relocated


Employees of businesses that will be dismissed or placed in stand-by because of provisional closure or loss of business

Income restoration assistance

45

Dismissed employees of

businesses to be relocated

Income restoration assistance

NOTES: (1) Only where land is regularly occupied

(2) Only in cases of resettlement where land was not compensated because irregular

(3) Compensation as in (2), except in case of

extensions invading ROW (4) Only when need is

demonstrated by PAP

(5) Will apply only where unexhausted tenant improvements have

been registered in survey (6) Will apply only where PAP

demonstrates transition costs in excess f received allowances (7)

Will apply only where PAP demonstrates additional post-relocation

living costs

(8) Vulnerable PAP special support will be forthcoming as necessary regardless of PAP category

Entitlement Matrix

Following the specific entitlements by PAP Category, Table 5 below provides a sample

of entitlements that are eligible for compensation. Under this RPF compensation items

include value of the land; value of unexhausted improvements (dwelling house, other

house structures, trees, crops, hedges/fences and other properties). Compensation will

be effected for any loss of interest on land and includes various kinds of allowances:

disturbance, transport, accommodation and loss of profit. The options for compensation

include in-kind (e.g. replacement housing) and cash compensation. All compensation

should occur in the presence of the affected persons and the community local leaders.

46

Table 5: Sample Entitlement Matrix for Projects in Tanzania

Entitlement Matrix

Land and

Assets

Types of Impact Person(s)

Affected

Compensation/Entitlement/Benefits

Agricultural land Land under cultivation

Land remains economically

viable.

Farmer/ title

holder

Cash compensation for affected land equivalent to

replacement value and disturbance allowance

Tenant/ lease

holder

Cash compensation for the harvest or product from the

affected land or asset at market value

Lease Tenant/Lease

holder

Cash compensation equivalent to market value of the

affected permanent crops or market value of the crops if

seasonal crops will have to be harvested prior to

maturity

Residential Land Land used for residence

partially affected, limited loss

Remaining land viable for

present use.

Legal holder Cash compensation for affected land at market rate

Land and assets used for

residence severely affected

Remaining area insufficient

for continued use or

becomes smaller than

minimally accepted under

zoning laws

Rental/lease

holder

Refund of any lease/ rental fees paid for time/ use after

date of removal

Cash compensation equivalent to 3 months of lease/

rental fee

Assistance in rental/ lease of alternative land/ property

Relocation assistance (costs of shifting + allowance)

Buildings and

structures

Structures are partially

affected

Remaining structures viable

Owner Cash compensation for affected building and other fixed

assets

Cash assistance to cover costs of restoration of the

47

Entitlement Matrix

Land and

Assets


Affected


for continued use remaining structure

Rental/lease

holder

Cash compensation for affected assets (verifiable

improvements to the property by the tenant).

Disturbance compensation equivalent to two months

rental costs

Entire structures are affected

or partially affected

Remaining structures not

suitable for continued use

Owner Cash compensation for entire structure and other fixed

assets without depreciation, or alternative structure of

equal or better size and quality in an available location

which is acceptable to the PAP.

Right to salvage materials without deduction from

compensation

Relocation assistance (costs of shifting + allowance)

Rehabilitation assistance if required (assistance with job

placement, skills training)

Rental/lease

holder

Cash compensation for affected assets (verifiable

improvements to the property by the tenant)

Relocation assistance (costs of shifting + allowance

equivalent to four months rental costs)

Assistance to help find alternative rental arrangements

Rehabilitation assistance if required (assistance with job


Squatter/informal Cash compensation for affected structure without

48

Entitlement Matrix

Land and

Assets


Affected


dweller depreciation

Right to salvage materials without deduction from

compensation

Relocation assistance (costs of shifting + assistance to

find alternative secure accommodation preferably in the

community of residence through involvement of the

project

Alternatively, assistance to find accommodation in rental

housing or in a squatter settlement scheme, if available)

Rehabilitation assistance if required assistance with job


Street vendor

(informal without

title or lease to

the stall or shop)

Opportunity cost compensation equivalent to 2 months

net income based on tax records for previous year (or

tax records from comparable business, or estimates), or

the relocation allowance, whichever is higher.

Relocation assistance (costs of shifting)

Assistance to obtain alternative site to re- establish the

business.

Standing crops Crops affected by land

acquisition or temporary

acquisition or easement

PAP (whether

owner, tenant, or

squatter)

Cash compensation equivalent to average of last 3 years

market value for the mature and harvested crop.

49

Entitlement Matrix

Land and

Assets


Affected


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

value of affected trees plus disturbance allowance

Temporary

Acquisition

Temporary acquisition PAP (whether

owner, tenant, or

squatter)

Cash compensation for any loss of income, cash

compensation for any temporary land acquisition (rental

charges).

Mobile business Business, parking for taxi,

bikes

Business owner,

workers

Alternative site within the area to continue business,

transport cost where applicable, affected property where

applicable, loss of business ( 3months) where applicable

An example of a summarized entitlement matrix could be as indicated in Table 6 follows

Table 6 Entitlement for the PAPs


Entitlement

ENTITLEMENTS

Compensation

for Lost Assets

Transport


Loss of

residential

structure


at replacement

value of

structure at full

replacement

value and

affected land

Moving 12 tons

of goods for a 20

km. distance

Disturbance

Allowance (calculated at 8% of total compensation

cost)

Accommodation allowance (36months rates

50


Entitlement

ENTITLEMENTS

Compensation

for Lost Assets

Transport


Loss of

commercial

structure

Enterprise

owner

Compensation

at replacement

value of

structure and

affected land

Moving 12 tons

of goods for a 20

km. distance

Disturbance


cost

Loss of profit allowance (36months rates

Disturbance

Allowance

Loss of

permanent

/seasonal crops

and trees


of crops at

market value

and value of

affected land

N/A Disturbance


cost)

For seasonal crops PAPs are given an opportunity to

harvest prior to taking of the land.

Public/communi

ty structure

Concerned

public or

private entity

Compensation

at replacement

value or

construction of

alternative

structure or

alternative site

by agreement

Moving 12 tons

of goods for a 20

km. distance( a

structure is

involved)

Disturbance


cost)

Loss of Land Household/Pu

blic

Compensation

at Market value

N/A Disturbance Allowance (calculated at 8% of total

compensation cost)

51


Entitlement

ENTITLEMENTS

Compensation

for Lost Assets

Transport


Loss of mobile

business

Petty

business,

Alternative site

to undertake the

business

Transport

allowance if they

have to relocate

-

52

4 CONSULTATION AND STAKEHOLDER PARTICIPATION

4.1 Involving Stakeholders

Public consultations in relation to the RAP occur at all stages, starting with inception

and planning when the potential lands and alternative sites are being considered. A

participatory approach is adopted as an on-going strategy throughout the entire project

cycle.

Public participation and consultations take place through individual, group, or

community meetings. Additionally, radio programs and other media forms may be used

to further disseminate information. PAPs are consulted in the survey process; public

notices where explanations of the sub-project are made; RAP implementation of

activities; and during the monitoring and evaluation process. Selection of ways to

consult, and expand participation by PAPs and other stakeholders, will take into

consideration literacy levels prevalent in affected communities; ethnicity and cultural

aspects; and practical conditions (like distance).

The role of traditional political and cultural leaders, including the community elders, in

the participation strategy will be important. The RAP team should ensure that these

leaders and local representatives of PAPs are fully involved in designing the public

consultation procedures.

4.2 Data Collecting Phase

Consultations during preparation, in particular, the collection of background information,

and the social survey or social assessment, are critical for successful data collection.

The levels of consultation will vary from households to community groups, based on the

particular context of the sub-project(s). The RAP team will design the questionnaires but

it will be the households, organizations, and institutions that will validate their

effectiveness through feedback. Focus group meetings with women, associations for

local businesses, individuals who own shops, stalls, etc, as well as primary and/or

secondary schools, health centers are good sources for establishing the community

baseline situation.

4.3 Implementation Phase

During implementation, PAPs will be informed about their rights and options. The

grievance mechanism will continue to operate and all grievances will be recorded. The

participation of local leaders and PAPs in disseminating information and resolving

disputes will be important once RAP implementation starts. A dynamic participatory

approach involves PAPs in decision making about livelihood and community

53

development programs.

4.4 Monitoring and Evaluation Phase

PAPs representatives will participate in the sub-project workshops at mid-term and at

the end of RAP implementation. To the extent possible, the RAP should include social

accountability tools like citizen report cards to assess the quality of RAP

implementation, and in some cases, assist the RAP team in tracking expenditures. The

latter would be significant in helping PAPs with money management and restoring their

livelihoods. PAPs will be able to suggest corrective measures, as needed, to improve

RAP implementation in the sub-project(s). Prior to closing the RAP, PAPs will

participate in a feedback survey as part of the RAP’s independent impact evaluation

exercise.

4.5 Documenting Consultation and Participation

Meeting minutes for each consultation meeting should be recorded to enable the

preparation of a consultation report (Annex 4).

5 GRIEVANCE REDRESS MECHANISM

5.1 Grievance Mechanism

Each project sub component RAP team will establish an independent grievance

mechanism that will be set up through Local Authorities, including a Resettlement or

Land Committee and through community leaders. All PAPs will be informed about how

to register grievances or complaints (Annex 3 is an example of a grievance form),

including specific concerns about compensation and relocation. The PAPs should also

be informed about the dispute resolution process, specifically about how the disputes

will be resolved in an impartial and timely manner. The RAP Team will produce a Report

containing a summary of all grievances. If needed, the dispute resolution process

should include Tanzanian Courts of Law, but traditional institutions can be an effective

first step in both receiving and resolving grievances.

5.2 Steps to be followed for Grievance Redress under DUTP

The following procedures will be followed for the purpose of addressing grievances from

the PAPs.

o Procedures for lodging complaints to the Grievance committee who will review

the complaints prior to submitting the complaint to the ward office and receive an

acknowledgement from the ward office.

54

o Upon receipt of the grievance, the members shall try to mediate and resolve the

problem amicably with the active participation of the aggrieved party within five

working days from the date of the filing of the grievance. If the grievance is

resolved and the PAP is satisfied, a report shall be prepared and copies given

to the PAP and local authority leader for records and the case is closed.

o In the event that the PAP is not satisfied, with the assistance of the Mtaa leader,

an appeal will be lodged and decision made within 10 days from the date of

submission to this committee. If the PAP is still not satisfied, the issue will be

taken to the existing Grievance Committee chaired by the respective District

Council.

o The committee under the respective District Commissioner shall serve as

Grievance Redress Committee (GRC) and shall handle all complaints from the

PAP, including decisions made by lower levels. The GRC shall make its

decisions within 20 days from the date of receipt of each complaint. Beyond this

level, the PAP may continue their appeal to the Regional Secretariat, or

ultimately to the judiciary as per the legal framework presented above, if an

amicable resolution can still not be reached.

The Table 7 below provides details of the procedure that is to be followed for

grievance redress in all sub projects under BRT:

55

Table 7: Grievance Redress Process

Step Reporting

officer/committee

Officer/committee

members

Time frame to redress Grievance

redressed

Grievance not

redressed

1

PAPs will submit

Grievance to the

Grievance committee

who will review the

complaints and later

forward to the ward office

and receive an

acknowledgement

Grievance

Committee of Mtaa

and ward level

Upon receipt of grievance,

the local Mtaa officials with

the help of the committee

shall try to resolve the

grievance amicably with the

active participation of

aggrieved party within 5

working days from the date

of file of grievance.

If the grievance is

resolved and the

PAP is satisfied

with the

committees or

local

government’s

decision, a report

of the same shall

be prepared and

copy handover to

PAP and case

closed.

If the grievance is

not resolved, go

to step 2.

56

2 If PAP is not satisfied

with step 1decision, the

case shall be forwarded

to the land Dispute

committee at District

level. This committee

shall function as GRC at

the district level for the

project. The grievance

shall be forwarded with

all the paper details of

case.

1- DC – Chairman,

2. Municipal land

officer, Municipal

valuer, CDO,

Health Officer

3. PAP

representative

Upon receipt of grievance,

the GRC if desired may ask

further information related

to grievance and submit the

same to committee for its

use while hearing the

grievance. The hearing

shall be completed within

20 working days from the

date of case referred.

If the grievance is

resolved and the

PAP is satisfied

with GRC

decision, a report

shall be prepared

by the respective

LGA. A copy of

the report shall be

handover to PAP

for record and

copies to be

submitted to Local

communities for

record, case

closed.

If the grievance is

not resolved, go

to step 3.

3 It is assumed that all the

cases shall be solved at

GRC level. It may be

possible, however, that

there are cases which

might still remain

unresolved at GRC level.

For such cases, the PAP

shall have the option to

refer his/her case to

Regional Secretariat for

final amicable solution or

to refer the case to the

1- Regional

Secretariat

2- District

Commissioner

4. PAP and PAP

representative

If the case is referred to

Regional Secretariat (RS),

the details of case file shall

be submitted to RS office

and the case shall be heard

within 45 days from the

date of case referred. The

PAP shall be informed 10

days in advance about the

date, time and venue of the

hearing.

If the grievance is

resolved and the

PAP is satisfied

with RS’s

decision, a report

of the same shall

be prepared. A

copy of report

shall be handover

to PAP for record

and a copy to be

submitted to local

authority for

If the grievance is

not resolved, the

PAP may take the

case to

appropriate

court.

57

Judiciary. record, case

closed.

4 PAP takes the case to

appropriate court.

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Grievance related to resettlement compensation exercise may arise principally from the following:

o Mistakes related to identification of affected property and people within the

right- of-way;

o Disagreements related to the ownership of property (inheritance and

divorce);

o Disagreements on land and asset valuation;

o Disagreements on other compensation allowances;

o Problems relating to the time and manner of compensation.

As was the case with DART Phase 1, TANROADS in collaboration with DART will establish Grievance Committees for BRT Phase 3 & 4 and Ubungo Intersection respectively that will be responsible for analysis and decision on grievances submitted by project affected peoples. Separate committees will be established for each Resettlement Action Plan (RAP) on the basis of stakeholder representation criteria.

Each Grievance Committee will be composed of:

o 1 representative from Ilala & Kinondoni Municipal Councils

o 1 representative from the DART & TANROADS;

o 1 representative of the Chief Valuer;

o 1 consultant valuer (which may not be the same valuer responsible for

valuation);

o 1 representative of the RPIT (the Manager);

o 3 local government officials (selected among Ward Executive Officers and

Sub- Ward Chairmen of the wards affected by the RAP);

o 2 or more community leaders (depending on number of communities and

number of PAPs, selected on the basis of consultation with the affected

communities);

o 2 or more representatives of NGOs (depending on communities and

availability of NGOs working in the area).

As established in RPF and RAP Disclosure and Consultation Plans, by the time the Chief Valuer approves the Property Valuation and Allowance Schedule (as per Section 5.1) and individual resettlement and compensation plans are disclosed, affected individuals will have already been informed of the process for expressing dissatisfaction and seeking redress.

In all cases, the Grievance Committees will be established and become operational prior to disclosure of individual resettlement and compensation plans.

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All grievances will be treated according to the following schedule:

o Once receive, any requests for additional information from the complainant

will be issued within 15 days.

o The complainant will in turn have up to 30 days to provide the

requested information, but may request for an additional period of up to 60

days on the basis of proper justification.

o Once full documentation is at hand, the Grievance Committee will

notify the complainant of its decision within 20 days.

Once established, the Grievance Committees will meet weekly. However, this frequency may be increased or decreased depending on the amount of grievances at hand.

Disputes related to land ownership will need to be brought before the appropriate level of land courts as established by law, including those established at the village level.

When the Grievance Committee denies satisfaction to the complainant, he will need to seek legal redress as stipulated under section 156 (4) of Land Act No 4 of 1999. In this situation, the matter can be brought before the local courts for settlement. If the local courts cannot settle the matter, it can go to the High Court of Tanzania for resolution. The High Court will be the highest appellate “judge” in this system. The decision of the High Court will be final.

If a complaint pattern emerges (i.e. many complainants with similar claims), the Grievance Committee, with support of T A N R O A D S and specialized consultants as deemed necessary, will discuss possible remediation. The Grievance Committee may then give formal advice concerning the need for revision on valuation, compensation and assistance calculation procedures.

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6 CONSULTATIONS AND DISCLOSURE

6.1 Disclosure of the Resettlement Policy Framework

Disclosure and consultation will be continuous during the resettlement planning and implementation process and will take place both with regard to this

Resettlement Planning Framework and with regard to the two individual Resettlement Action Plans (RAP) to be implemented accordingly. Disclosure and Consultation of individual RAPs is described in Section 6.2.

Consultation on RPF principles and compensation packages was extensive during preparation phase and engaged TANROADS, DART Agency and local specialists on valuation and resettlement.

Initially, the RPF will be made public through official websites (TANROADS PO– RALG, DART and the World Bank,) as well as through media press releases and printed prospects. Information to be conveyed will focus on basic principles, eligibility criteria affecting entitlements and grievance redress procedures. During this initial phase of disclosure, comments from official entities, NGOs and resettlement specialists, as well as from affected peoples, will be received either through website links, standard mail, telephone call service or other means to be informed. These comments will be analyzed by the Resettlement Planning and Implementation Team (RPIT) and will result in revision of the RPF when deemed pertinent.

Whereas this initial disclosure of the Resettlement Policy Framework will take place prior to disclosure of individual Resettlement Action Plans, it is expected that the bulk of disclosure will be simultaneous and will be directed mostly at Project Affected Peoples (PAP). Ward Executive Officers and Sub-Ward Chairmen along the directly affected areas will be engaged and will be supplied with adequate printed material. Specific prospects will be prepared for each main group of PAP categories. Thus, there will be prospects for property owners, tenants, business owners, others.

The second phase of disclosure and consultation will be initiated once the Resettlement Action Plan for sub-components are approved and the Chief Government Valuer has approved properties valuation and compensation schedules

At the time of initiation of this second phase of disclosure, the Grievance Committee will have been established and will be operational, as will the Pubic Information Centers where PAPS will be able to inquire about valuation, compensation, assistance, eligibility and other aspects.

At least two Public Information Centers (PIC) will be implemented and will remain operational until conclusion of the RAP implementation process for all project sub-component.

At the Project Information Centers, PAP’s questions and claims will be registered

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in printed forms and entered into a data bank. Statistical analysis of this data bank will be conducted monthly by the RPIT and will be used to adjust the information contained in printed prospects and other means of disclosure.

6.2 Individual RAP Disclosure and Consultation Plans

Individual RAP Disclosure and Consultation Plans will focus mostly on project affected peoples and will be implemented by the RPIT with support of the Ward

Executive Officers and Sub-Ward Chairmen.

The plan’s objective will be to disclose accurate information on issues relating to resettlement and compensation in a timely manner, ensuring that eligibility criteria and compensation calculations are fully transparent.

Furthermore, disclosure should contribute to raise awareness of the DUTP project and its consequences among the public in general and among those who will be directly affected by it in particular.

RAP Disclosure and Consultation Plans i s implemented in three phases. The first phase involves training of the valuer, his field assistants and the team of interviewers that will apply the Socio-Economic Survey Questionnaire, with respect to the communications approach to be adopted during contacts with project affected peoples. This initial communications approach shall ensure at least the following:

o That all PAPs whose property will be directly affected are served notice as

required by law and become aware of the fact and of the extent of necessary

expropriation (partial or total);

o That a preliminary understanding of valuation and compensation criteria

is conveyed;

o That preliminary information on arrangements for payment of

compensation, allowances and assistance is conveyed;

o That all PAPs are aware of the possibility of questioning individual valuation

and compensation according to a legally established grievance redress

procedure to become operational at a later date;

o That PAPs and their neighbors are informed of a cut-off date for valuation

purposes and that therefore no speculative occupation of the future right-of-

way will result in compensation;

o That PAPs are recommended to stop any ongoing construction on property

to be acquired;

o That a preliminary idea of the likely timing of resettlement is conveyed.

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The second phase of the RAP Disclosure and Consultation Plan begins once the Property Survey and Socio-Economic Survey are completed and will extend until effective initiation of resettlement procedures. During this phase, the Public Information Centers (PIC) specified in Section 6.1 will become operational as will general disclosure through media press releases, internet and printed prospects. Also during this phase, the Chief Valuer will approve the Property Valuation and Allowance Schedule and proposed valuation and compensation will be disclosed to the individual PAPs.

Further to those activities, the individual RAP Disclosure and Consultation Plans will program a series of public meetings with affected groups at ward levels under the coordination of the Ward Executive Officer of each one of the affected wards. An effort will be made to engage local leaders and other stakeholders in these meetings.

In all cases, these meetings will be programmed after disclosure of proposed valuation and compensation.

In some cases, complementary meetings may be programmed to effect consultation with PAP categories that will be subject to specific types of entitlements (for instance, commercial establishments at Gongolamboto Terminal, or employee residents at Tegeta Terminal).

At these meetings, detailed explanation of all entitlements, eligibility criteria and valuation methodologies will be presented. Similarly, procedures for addressing grievances and other RAP aspects will be explained. The opportunity will also be used to present the main conclusions of the DUTP Sub Components Environmental and Social Impact Assessments.

All meetings will be recorded and minutes summarizing the main aspects discussed will be produced and signed by TANROADS Representatives and participating community leaders.

At the end of the second phase of the RAP Disclosure and Consultation Plan, a new version of the printed prospects will be edited, including content adjustments and complementary clarifications, as deemed necessary on the basis of the issues discussed during the public meetings and statistical analysis of questions and doubts presented at the Pubic Information Centers.

In all cases, printed material will include at least the following information:

o Detailed description of valuation methods, including the table with the

market values and replacement costs per type of asset established by the

valuer for the particular corridor segment the RAP refers to;

o Complete specification of all entitlements included in the Resettlement

Policy Framework;

o Detailed explanation of eligibility criteria;

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o Detailed explanation of the grievance redress procedure;

o Contact instructions for the Government entity responsible for

DUTP implementation

o Contact instructions for the Resettlement Planning and Implementation

Team (RPIT);

o Contact instructions for the Grievance Committee;

o Address and working schedule of the Public Information Centers (PIC).

The third phase of the RAP Disclosure and Consultation Plan will take place during resettlement implementation. During this phase, disclosure and consultation will be continuous and will take place through:

o The Resettlement Planning and Implementation Team (RPIT), whose team

of social assistants will be permanently in the field coordinating all necessary

compensation and assistance.

o The Grievance Committee, that will receive and analyze any claims

affecting valuation, eligibility or other issues.

o The Public Information Centers, where doubts may be clarified and

complementary project information may be obtained.

7 PROCEDURES FOR PREPARATION AND IMPLEMENTATION OF RESETTLEMENT ACTION PLANS (RAP)

7.1 Resettlement Action Plan Preparation Methodology

Resettlement Action Plan preparation will follow the following standard

methodology, subject to punctual adjustments as seen fit:

Once engineering for a particular phase or segment of the DUTP is complete, the Land Survey Team, together with the Resettlement Planning and Implementation Team Manager and the project engineers, will go to the field and verify on-site the extent of expropriation and resettlement necessary. If deemed convenient, the project engineer will be requested to proceed with further project adjustments in order to minimize resettlement.

Subsequently, a detailed drawing with the limits of all necessary right-of-way acquisitions will be produced by the project engineers. The Land Survey Team will then go to the field and mark these limits on affected properties in line with the technical designs, and the structural assets subject to demolition will be marked with code references along with the registered names of the affected property owner.

In carrying out preliminary field surveys, RPIT valuers will be accompanied at all times accompanied by a local leader who will assist with identification of the

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landowner, confirm the boundaries shown by the owner or occupant and assist with verifications of property counts.

As a matter of procedure, all affected landowners will be served notice requiring them to claim compensation for the affected properties under Regulation 3 of the Land (Assessment of the Value of Land for Compensation) Regulations, 2001 and Part III of the Village Land Regulations, 2002. The identified owners will be required to fill Landforms No 69 and 70. Landform No 70 will be returned to the Ward Executive Officer or his representative, who subsequently will pass them over to the RPIT valuers. Affected population will be allowed the statutory time of 60 days to file in their claim for compensation.

Once in possession of all necessary Landforms No 70 for a particular section of the corridor, the RPIT will contact and notify the Ward Executive Officer about a date for valuation. On the agreed date the appointed municipal valuers, accompanied by a RPIT consultant valuer, will value the properties by discussing each single item eligible for compensation, as well as calculating, in the presence of the owner, the respective quantities of each item to be demolished. For valuation purposes, this date will be the cut-off date and no subsequent alteration may be taken into account.

During the valuation procedure, measurements of the land and buildings will take place with help of the land surveying team. The owners of the affected properties will be fully informed about the use of established (standardized) criteria for compensation of lost assets as well as for the allowable compensation packages. The valuers will take care that the procedure is explained in a manner comprehensible to the owners of properties and business being affected.

All items eligible for compensation will be documented in the owners’ presence, but the values of compensation and allowances will not be disclosed until after the compensation schedules are endorsed by the Chief Valuer. This is because the Chief Valuer, who is responsible for the approval of the valuation schedule, may suggest changes to the values and allowances.

Photographs will be made of the signing party and of all major assets subject to compensation.

The valuation procedure will include an assessment of temporary loss of profit in cases where businesses will become affected. This will be based on verification of audited accounts if available.

The owners will be informed about their rights and the devised mechanisms to forward complaints, and notified that they if they forward any claims they must allow access to their property to the Ward Executive Officer and the Land Officer of the respective municipality for cross-checking.

In the valuation of buildings, general surveys as opposed to structural surveys

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will be made. Therefore, no testing will be done of such items as water pipes, electrical wiring or drainage pipes. Similarly, no testing will seek to establish the extent of damp, timber rot, metal fatigue etc.

However, construction characteristics will be taken into account with reference to the general state of repair and condition of the various properties. Under certain conditions, these aspects may result in alteration of the standard compensation rates for assets.

Standard field inspection forms will be used to list down all individual affected properties and businesses and will be signed by the respective parties and witnesses. The valuers will ensure that all entries on the field inspection forms are counter checked.

Information on the standard field inspection reports will be complemented by the RPIT consultant valuers with other relevant data on right of occupancy, loans and mortgages, infrastructure and utilities and building uses, as necessary to complete the Property Survey Inspection and Valuation Questionnaire included in Annex 02.

Where apartment buildings or others including several individual units within are affected, a Multi Unit Building or Site Questionnaire will also be used. This is also included in Annex 02 and will be used to quantify affected assets that are collectively used by the various units.

Any tax liability of any of the would-be ex-landowners will not be taken into account in valuation,

The PAPs will be informed by the RPIT consultant valuer that any of their complaints and claims prior to payment will be forwarded to a Grievance Committee that will be created once compensation and allowance proposals are disclosed. Furthermore, they will be informed that they may additionally address their claims to the Municipal Director who is obliged to investigate the case. All claims need to be resolved before compensation payments are effected and will need to be submitted before a deadline that will be informed during the valuation procedure.

As the Property Survey Inspection and Valuation Questionnaires are completed by the RPIT consultant valuers, they will be handed over to the RPIT socio-economic consultants that will establish the need for socio-economic surveying of project affected peoples. Based on this, a team of trained interviewers will go to the field and apply the Socio-Economic Questionnaires included in Annex 03. As may be noted in said Annex, three types of questionnaire will be applied: one for residential occupants of affected properties, another for commercial establishments and a third one for non-transient authorized street vendors. Only in the first 2 cases will a corresponding property survey exist and the necessary cross referencing

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(coding identification) has been included in the questionnaires. The 3rd

questionnaire will be used basically to establish the kind of complementary assistance that non-transient street vendors must receive.

As can be seen in Annex 03, the Socio-Economic Questionnaire includes detailed data on all affected persons in order to facilitate planning of social assistance activities during resettlement implementation. Furthermore, it includes quantification of all living costs that may be affected by resettlement. These include transport costs to work and school as well as tax, rent and utility fees paid on the property.

Results of the Socio-Economic Survey will be used in the Resettlement Action Plan to estimate the number of PAPs potentially eligible for each one of the complementary compensation and assistance measures contemplated in Section 3.2. It will also be used as a baseline against which to compare any future claims for complementary compensation.

Once the RPIT consultant valuer has completed filling all the Property Survey Inspection and Valuation Questionnaires, he will proceed with preparation of the Property Valuation and Allowance Schedule, valuating all assets and establishing applicable allowances as per Section 3.1. This schedule will be reviewed by the RPIT Manager and then submitted to the Chief Valuer that must approve it.

While the Chief Valuer proceeds with review of the schedule, the RPIT will complete preparation of the Resettlement Action Plan. This will include statistical analysis of all questionnaire results as well as preparation of a detailed RAP budget and implementation schedule. It is important to note that the RAP total budget will be composed of three main items:

o Total cost of the Property Valuation and Allowance Schedule approved by

the Chief Valuer.

o Allowance for complementary compensation and assistance as per Section

3.2.

o RPIT management and monitoring fees.

In parallel, RAP consultation and disclosure will proceed according to the plan described in Section 4.

Each segment’s Resettlement Action Plan (RAP) will be a document structured as described below and will be submitted to the TANROADS for approval. This approval will take place after the Chief Valuer has approved the Property Valuation and Allowance Schedule.

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7.2 Resettlement Action Plan Contents

A broad outline of the RAP, as applied to sub-projects covered under a RPF includes, but is not limited to, the following:

Description of the sub-project: General description of the sub-project and

identification of sub-project area or areas.

Potential Impacts: Identification of the: (i) the sub-project components or activities

that require resettlement or restriction of access; (ii) zone of impact of components

or activities; (iii) alternatives considered to avoid or minimize resettlement or

restricted access; and (iv) mechanisms established to minimize resettlement,

displacement, and restricted access, to the extent possible, during project

implementation.

Objectives: The main objectives of the resettlement program as these apply to the

sub-projects.

Socio-economic studies: The findings of socio-economic studies to be conducted

in the early stages of project preparation, and with the involvement of potentially

affected people will be needed. These generally include the results of a census of

the affected populations covering:

(i) Current occupants of the affected area as a basis for design of the RAP and to clearly set a cut-off date, the purpose of which is to exclude subsequent inflows of people from eligibility for compensation and resettlement assistance;

(ii) Standard characteristics of displaced households, including a description of production systems, labour, and household organization; and baseline information on livelihoods (including, as relevant, production levels and income derived from both formal and informal economic activities) and standards of living (including health status) of the displaced population;

(iii) Magnitude of the expected loss, total or partial, of assets, and the extent of displacement, physical or economic;

(iv) Information on vulnerable groups or persons, for whom special provisions may have to be made; and

(v) Provisions to update information on the displaced people’s livelihoods and standards of living at regular intervals so that the latest information is available at the time of their displacement, and to measure impacts (or changes) in their livelihood and living conditions.

There may be other studies that the RAP can draw upon, such as those describing

the following:

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(i) Land tenure, property, and transfer systems, including an inventory of common property natural resources from which people derive their livelihoods and sustenance, non-title-based usufruct systems (including fishing, grazing, or use of forest areas) governed by local recognized land allocation mechanisms, and any issues raised by different tenure systems in the sub project area;

(ii) Patterns of social interaction in the affected communities, including social support systems, and how they will be affected by the sub-project;

(iii) Public infrastructure and social services that will be affected; and (iv) Social and cultural characteristics of displaced communities, and their host

communities, including a description of formal and informal institutions. These may cover, for example, community organizations; cultural, social or ritual groups; and non-governmental organizations (NGOs) that may be relevant to the consultation strategy and to designing and implementing the resettlement activities.

The institutional framework governing RAP implementation generally covers:

(i) Agencies and offices responsible for resettlement activities and civil society groups like NGOs that may have a role in RAP implementation;

(ii) Institutional capacities of these agencies, offices, and civil society groups in carrying out RAP implementation, monitoring, and evaluation; and

(iii) Activities for enhancing the institutional capacities of agencies, offices, and civil society groups, especially in the consultation and monitoring processes.

Eligibility: Definition of displaced persons or PAPs and criteria for determining their

eligibility for compensation and other resettlement assistance, including relevant

cut-off dates.

Valuation of and compensation for losses: The methodology to be used for

valuing losses, or damages, for the purpose of determining their replacement costs;

and a description of the proposed types and levels of compensation consistent with

national and local laws and measures, as necessary, to ensure that these are

based on acceptable values (e.g. market rates).

Resettlement Measures: A description of the compensation and other

resettlement measures that will assist each category of eligible PAPs to achieve the

objectives of OP 4.12. Aside from compensation, these measures should include

programs for livelihood restoration, grievance mechanisms, consultations, and

disclosure of information.

Site selection, site preparation, and relocation: Alternative relocation sites

should be described and cover the following:

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(i) Institutional and technical arrangements for identifying and preparing relocation sites, whether rural or urban, for which a combination of productive potential, location advantages, and other factors is at least comparable to the advantages of the old sites, with an estimate of the time needed to acquire and transfer land and ancillary resources;

(ii) Any measures necessary to prevent land speculation or influx of eligible persons at the selected sites;

(iii) Procedures for physical relocation under the project, including timetables for site preparation and transfer; and

(iv) Legal arrangements for recognizing (or regularizing) tenure and transferring titles to those being resettled.

Housing, infrastructure, and social services: Plans to provide (or to finance

provision of) housing, infrastructure (e.g. water supply, feeder roads), and social

services to host populations; and any other necessary site development,

engineering, and architectural designs for these facilities should be described.

Environmental protection and management: A description of the boundaries of

the relocation area is needed. This description includes an assessment of the

environmental impacts of the proposed resettlement and measures to mitigate and

manage these impacts (coordinated as appropriate with the environmental

assessment of the main investment requiring the resettlement).

Community Participation: Consistent with the World Bank’s policy on consultation

and disclosure, a strategy for consultation with, and participation of, PAPs and host

communities, should include:

(i) Description of the strategy for consultation with and participation of PAPs and hosts in the design and implementation of resettlement activities;

(ii) Summary of the consultations and how PAPs' views were taken into account in preparing the resettlement plan; and

(iii) Review of resettlement alternatives presented and the choices made by PAPs regarding options available to them, including choices related to forms of compensation and resettlement assistance, to relocating as individual families or as parts of pre-existing communities or kinship groups, to sustaining existing patterns of group organization, and to retaining access to cultural property (e.g. places of worship, pilgrimage centers, cemeteries); and

(iv) Arrangements on how PAPs can communicate their concerns to project authorities throughout planning and implementation, and measures to ensure that vulnerable groups (including indigenous peoples, ethnic minorities, landless, children and youth, and women) are adequately represented.

The consultations should cover measures to mitigate the impact of resettlement on

any host communities, including:

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(i) Consultations with host communities and local governments; (ii) Arrangements for prompt tendering of any payment due the hosts for land or

other assets provided to PAPs; (iii) Conflict resolution involving PAPs and host communities; and (iv) Additional services (e.g. education, water, health, and production services) in

host communities to make them at least comparable to services available to PAPs.

Grievance procedures: The RAP should provide mechanisms for ensuring that an

affordable and accessible procedure is in place for third-party settlement of disputes

arising from resettlement. These mechanisms should take into account the

availability of judicial and legal services, as well as community and traditional

dispute settlement mechanisms.

RAP implementation responsibilities: The RAP should be clear about the

implementation responsibilities of various agencies, offices, and local

representatives. These responsibilities should cover (i) delivery of RAP

compensation and rehabilitation measures and provision of services; (ii) appropriate

coordination between agencies and jurisdictions involved in RAP implementation;

and (iii) measures (including technical assistance) needed to strengthen the

implementing agencies’ capacities of responsibility for managing facilities and

services provided under the project and for transferring to PAPs some

responsibilities related to RAP components (e.g. community-based livelihood

restoration; participatory monitoring; etc).

Implementation Schedule: An implementation schedule covering all RAP activities

from preparation, implementation, and monitoring and evaluation should be

included. These should identify the target dates for delivery of benefits to the

resettled population and the hosts, as well as clearly defining a closing date. The

schedule should indicate how the RAP activities are linked to the implementation of

the overall project.

Costs and budget: The RAP for the specific sub-projects should provide detailed

(itemized) cost estimates for all RAP activities, including allowances for inflation,

population growth, and other contingencies; timetable for expenditures; sources of

funds; and arrangements for timely flow of funds. These should include other

fiduciary arrangements consistent with the rest of the project governing financial

management and procurement.

Monitoring and evaluation: Arrangements for monitoring of RAP activities by the

implementing agency, and the independent monitoring of these activities, should be

included in the RAP section on monitoring and evaluation. The final evaluation

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should be done by an independent monitor or agency to measure RAP outcomes

and impacts on PAPs’ livelihood and living conditions. The World Bank has

examples of performance monitoring indicators to measure inputs, outputs, and

outcomes for RAP activities; involvement of PAPS in the monitoring process;

evaluation of the impact of RAP activities over a reasonable period after

resettlement and compensation, and using the results of RAP impact monitoring to

guide subsequent implementation.

8 MONITORING, EVALUATION AND REPORTING

8.1 Monitoring and Reporting During RPF Implementation

TANROADS will be responsible for RPF implementation, monitoring and evaluation and will provide regular progress reports to the Bank. To meet this end, it will structure, with its own personnel or alternatively through an outsourced specialized consultancy, a Resettlement Planning and Implementation Team (RPIT).

The organizational structure of the RPIT responsible for overseeing RPF implementation and providing assistance to PAPs as needed, will include the skills to:

o Coordinate all necessary actions to ensure that all compensation and

assistance measures are implemented in a proper and timely manner;

o Identify problem cases ensuring they are dealt with;

o Document all resettlement procedures;

o Constitute and maintain the RAP database to be used in the process of

evaluation of resettlement;

o Ensure proper participation of affected peoples in the RAP process;

o Prepare and submit reports.

The RPIT team will carry out timely inspections in every area where resettlement is taking place, with the frequency deemed necessary by the RPIT Manager. Since full documentation of all assistance provided is necessary, the key steps of each PAP relocation will need to be directly supervised. The RPIT team shall verify that each PAP receives all entitlements established for it in the RAP.

Based on the amount of resettlement involved in the project and on the types of compensation and assistance established in this resettlement Policy Framework, staffing of the RPIT will be as follows:

o 1 Manager / coordinator

o 2 Social assistants

o 1 Real estate specialist

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o 1 Outsourcing specialist

o 1 Data bank administrator

o 1 Administrative assistant

The RPIT Manager will report directly to TANROADS and will be responsible for all procedures in the RAP. However, payment of compensation and allowances as per the Property Valuation and Allowance Schedule approved by the Chief Valuer will be paid directly by local authorities. The RPIT Manager will interact with authorities r e s p o n s i b l e for payment as necessary to project subsequent assistance measures.

He/She will administer the budget allocated in the RAP for implementation of the complementary compensation and assistance measures established in Section 3.2 of this RPF and will decide which PAP should receive such benefits in consultation with the TANROADS.

The RPIT Manager will also interact with the responsible construction company in order to ensure that premises are only taken over after payment of compensation and after the respective PAP has been able to dismantle and remove reusable assets, except where the time limit allowed for this has been exceeded.

The RPIT Manager will also participate of the Grievance Committee and will be in charge of following up on any corrective action that is decided.

RPIT Social Assistants will be in charge of day to day supervision of RAP implementation. They will provide special support to vulnerable peoples and will assist families and businesses as necessary to ensure that applicable entitlements are properly delivered.

If deemed necessary, the RPIT Manager may request recruitment of additional Social Assistants during critical periods of the resettlement process.

The real estate specialist will constitute a databank of eligible properties in order to facilitate PAP relocation. He will provide general search assistance and will also assist with review of property legal documentation in order to ensure that PAPs resettle into legally regular buildings as applicable.

The outsourcing specialist will assist employees of businesses that will be laid off, in the process of seeking new employment. When necessary, he may request that specific training be provided in order to facilitate re-employment.

Both the real estate specialist and the outsourcing specialist will need to be involved on a full-time basis for a limited period and will participate of the RPIT on a part-time basis during much of the resettlement process.

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The data bank administrator will permanently update information on each PAP ensuring that proper follow up on delivery of each entitlement is forthcoming.

The RPIT shall forward to TANROADS on a monthly basis, a Monitoring Report whose minimum content shall be as follows:

o Detailed activities list for all members of the RPIT team;

o Minutes of any public meetings held;

o Total number of people and businesses relocated during the month;

o Total amount of compensation and allowances paid;

o Justified description of any deviation from the proposed implementation

schedule;

o List of grievances received by the Grievance Committee and status of

resolution;

o Summary table with the situation of each PAP category at the end of the

month;

o Detailed description of the situation of all vulnerable PAPs at the end of the

month;

o Description of main problems with RAP implementation to date and

suggestions on how to deal with them;

o Detailed activity list for the following month.

In addition to the Monthly Monitoring Reports, the RPIT will submit, at the end of the compensation and assistance process associated to each RAP, a RAP Final Report, including consolidated information and demonstrating in a documented way that all applicable compensation and assistance has been complied with.

8.2 Ex-Post Documentation of Resettled PAPs

Further to the RAP Final Report, each project component, the RPIT will prepare an Ex-post Report on all PAPs that were resettled. This will consist of individual before and after photographic records as well as a comparative table of building characteristics, available utilities and services, and costs affected by resettlement (transport, taxes, rent, utilities, other). Baseline data to establish the “before” condition will be retrieved from the Property Survey Inspection and Valuation Questionnaire and the Socio-Economic Survey Questionnaire. This report will provide for results in the changes in wellbeing of the PAPs. A summary of this report will be availed to the World Bank.

8.3 Post-Resettlement Monitoring of Resettled PAP

All resettled families within the project area will be subject to continued monitoring during a 12 month period subsequent to resettlement. This monitoring

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will be based on monthly visits by an RPIT Social Assistant that will verify if the family has adapted to its new residential location and assist as possible with conflict resolution or otherwise liaison with utility companies for reconnections, etc.). At the end of this resettlement process, a Post Resettlement Monitoring Report(Resettlement Action Plan completion Report) will be submitted to the TANROADS and on ward transmission to the World Bank.

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9 RESETTLEMENT BUDGET FOR DUTP

Based on the census and inventory of assets, the final number of partially or totally affected properties for the infrastructure will be determined, on each project component, RAP will be developed and valuation for properties to be affected will be conducted. From the Valuation Report for implementing compensation the resettlement budget will be established. However the implementation of RAP and compensation will be implemented in accordance with this Resettlement Policy Framework. An example of the Resettlement Implementation Budget is as indicated in Table 8 below:

Table 8: An Example of Summary of a Budget for RAP Implementation

Components Quantity unit Compensation Costs

Building Value 242 Structures 8,261,517,226.60

Land value 49,519.68m² 2,370,072,130.00

Crop value 601 (crops and trees

14,607,850.00

Accommodation allowances 1,598,940,000.00

Transport Allowances 34,650,000.00

Disturbance allowances 812,747,009.30

Loss of rental income 298,260,000.00

Disturbance and transport allowance for business tenants

37 19,500,000.00

Disturbance and transport allowance for residential tenants

244 53,400,000.00

Grave removal allowances 10 8,800,000.00

Sub Total “A” 13,532,294,215.90

Sub Total “D” 321,618,356.00

Facilitation for RAP Processing and Implementation

Valuation/approval fees paid to the

ministry of land

0.01% of the total

compensation

budget

2,000,000.00

Facilitation for RAP implementers

including grievance redress committee

15,000,000.00

Internal Monitoring and Evaluation 20,000,000.00

Sub Total “E” 38,200,000.00

TOTAL A, B, C, D, and E 17,268,049,362.90

Contingency (5%) 863,402,468.10

GRAND TOTAL 18,131,851,831.00

76

10 COMPENSATION AND PROJECT (CIVIL WORKS) SCHEDULE Before any sub-project activity is implemented, people who are affected and have been determined to be entitled to compensation will need to be compensated in accordance to the policy and the resettlement policy framework. In particular, the taking of land and related assets may take place only after compensation has been paid and, where applicable, resettlement sites and moving allowances have been provided to displaced persons. The measures to ensure compliance with this policy directive will be included in the

RAPs that will be prepared for each sub-project involving resettlement or

compensation. Upon approving the RAP reports prepared, the respective LGA will

confirm that the resettlement and compensation plans contain acceptable measures

that link resettlement and compensation activity to civil works in compliance with

this policy.

The RAP Team shall prepare a schedule of chronological steps covering all resettlement and compensation activities from preparation through implementation and agencies responsible for each activity (Table 9). The schedule should indicate how the resettlement activities are linked to the implementation of the overall project. The schedule should also include target dates for the achievement of expected benefits to PAPs and hosts and terminating the various forms of assistance. An example of a RAP implementation schedule is presented in Table 9 below. Table 9 Example of a RAP Implementation Schedule

No Action Time frame

Jan

Feb

Mar

Apr

May

Jun

Jul

Aug

Sept

Oct

Nov

Dec

1 RAP

Implementatio

n

1.1

Awareness

raising meeting

1.2

Mobilisation

1.3

Preparation of

plots for

resettlement

1.4

Confirmation of

PAPs and

affected

properties

77

1.5

Compensation

payments

1.6

Addressing

Grievances and

Dispute

Resolution

1.7

Monitoring of RAP implementation

1.8

Evaluation of RAP implementation

2 Procurement

of Contractor

2.1

Tender award for supervision and construction

2.2

Mobilisation of contractor

3 Construction

Works

The timing mechanism of these measures will ensure that no individual or affected

household will be displaced due to civil works activity before compensation is paid

and resettlement sites with adequate facilities are prepared and provided for to the

individual or household affected. Once the resettlement and compensation plan is

approved by the project implementing institutions, the resettlement and

compensation plan, will be sent to the World Bank for final review and approval.

78

ANNEXES

79

ANNEX 01 – STAKEHOLDERS CONSULTATION MATRIX

No Name/stakeholders Issues/Concerns

1 TANROADS The implementation of project and its completion highly depend on the community support in its preparation and construction

TANROADS will be responsible to inform the stakeholders through mass media and other mechanisms the progress of the project before its implementation.

2 DART The phasing out of daladalas, which is already taking place in other routes will be done by way of nonrenewal of SUMATRA licenses along those routes, which are issued for a maximum of 12 months.

Upon expiry of their license affected operators will be offered different daladala routes to operate. While the fast population growth and rapid spreading of suburban neighbourhoods will create sufficient need to absorb most of this freed capacity.

The project will also support the Daladala owners to establish companies, cooperatives, or franchises and feeder routes of BRT phases 3 and 4 will be dedicated to be operated by the transformed Daladala companies or cooperatives.

3 Ilala Municipal Council The project is very important for the City as it will help to reduce traffic congestion in the City

The investor should write a letter to Ilala Municipal Director requesting for assistance on undertaking graves relocation task, which will be replied back with description of all procedures to be taken and cost associated to cover the whole process.

The project will facilitate Municipal economic growth. Gongo la Mboto ward should be assisted by the government in planning (e.g. Land use and plot surveying) in order to curb/cut limit/control unplanned growth of settlements and avoid resettlement.

Mitaa governments in collaboration with Municipal Councils and TANROADS should be involved to assist the PAPs in acquiring alternative land

The Municipal is currently opening up new market areas that can be used with the affected vendors

4 Local at Gongo la Mboto Within the proposed project area there are some utilities such as those of water and

80

area electricity, what will happen if they are damaged?

Regarding valuation, it should be transparent, the affected person should be notified of their compensation amount prior to receiving payments

What if the project affects only annex structures will they be compensated?

The project design should consider locating stations on public land with enough space to minimize impacts to locals

In order to ensure that the deceased relatives are well informed about the removal of graves, publications and announcements on grave removal should made using different media.

Compensation should be done in time not more than six months after valuation of people’s properties. At the present, tenants are reluctant in paying rent for a long period for fear of being evacuated from the houses. Our development plans which depend on rents are at risk if the payments will delay.

Who will be responsible with relocation of utilities such as water and electricity

What if the contactor damages someone’s property will this be compensated and how

5 Street Vendors How will we be assisted to ensure that we continue doing businesses as it is the source of their livelihood?

Project implementers should inform vendors on the time to start implementation of the project to enable them prepare for relocations

Construction activities should not block access to shops and kiosks

6 Commuter Bus drivers What will be the future of Daladala operators if the current route will only be for DART bus station will not be working

7 Tenants Will tenants be considered for compensation?

Tenants should be given sufficient time to vacate to minimise disturbance

Source: Field Survey, 2016

81

ANNEX 02: PROPERTY SURVEY

Annex 02 – Property Survey - Inspection and Valuation Questionnaire Property Survey - Multi Unit Building or Site Questionnaire

1. FIELD CONTROL AND CODIFICATION

Visit Date Interviewed Person Surveyor Name Surveyor Signature

1

2

3

Supervisor: Name: Family Head / Male ( ) Family Head / Female ( ) Spouse ( ) Other ( ) I declare that all information herein is true and

accurate. Signature of the Informer:

Code of this Property Survey Inspection & Valuation Report:

Code of Socio-Economic Unit(s) Linked to the Property:

2. PROPERTY IDENTIFICATION DATA

Address (Street, Sub-Ward, etc): No:

Complement: Plot No:

Block:

This unit is totally affected ( ) partially affected ( )

If partially affected, how many rooms – other interior spaces will be lost: ( )

Rental income to be lost:

Evidence provided regarding rental income:

This unit is part of a multi-unit building or site: yes ( ) no ( )

Code of Multi-Unit Building or Site:

82

Is the building mortgaged:

Are there conflicting claims affecting property rights:

Uses of property:

Property Survey – 2 of 3

Inspection & Valuation Questionnaire

3. PROPERTY INDEMNIFICATION CALCULATIONS

SN

Replacement Item

Unit Compensation Rate in TNZ

Affected Quantity

Sub-Total

1

a

Land, un built, CBD Meter square

50,000

b

Land, un built, planed area other than CBD Meter square

30,000

c

Land, un built, unplanned area Meter square

10,000

2

a Building, framed structure, concrete blocks infill, high quality finishing and cervices

Meter square

400,000-600,000

b

Building, block construction, high quality finishing Meter square

200,000-300,000

c

Building, block construction, poor quality finishing Meter square

150,000-200,000

d Building constructed of mud and poles, ion sheet roof, sand cement screed floor

Meter square

100,000-150,000

e Building constructed of mud and poles, ion sheet roof, compacted earth floor

Meter square

50,000-100,000

3

a Kiosk, or storage room attached to building structure, good construction quality/material

Meter square

100,000

b Kiosk, or storage room attached to building structure, of medium construction quality/material

Meter square

80,000

c Kiosk, or storage room attached to building structure, of poor construction quality/material

Meter square

60,000

4

a

Verandah, concrete slab roof, cement screed floor

Meter square

80,000

b Verandah, corrugated iron sheet roof, cement screed Floor

Meter square

60,000

5

a

Steps, floor tiles finishing Meter square

b

Steps, sand cement screed finishing Meter square

50,000

6

a

Parking space, paved blocks floor finishing Meter square

40,000

b

Parking space, concrete slab floor finishing Meter square

60,000

7

a Fence, reinforced concrete columns, concrete blocks infill with grill

Running meter

180,000

b

Fence, concrete blocks with grill Running

meter

150,000

c

Fence, concrete blocks 4 courses Running

meter

80,000

d

Fence, barbed wire on concrete poles Running

meter

60,000

8 a Inspection chambers Piece 80,000 b Standard septic tank Piece 1,000,000

83

9

a

Storage tanks, plastic, over head on concrete tower

1000- 10,000litres

800,000

c

Storage tanks, concrete underground 1000-

10,000litres

1,000,000

10 a Pumps, gasoline, manual Piece 2,500,000 b Pumps, gasoline, electronic Piece 5,000,000

11 a Other Grand Total

84 4. DATA ON ROOMS TO BE LOST

Room No.

Main Characteristics

Current Use

Area (m2)

Rented or Owner- Occupied (r / o)

Will be re-installed in same property (y / n)

Room No. 01

Room No. 02

Room No. 03

Room No. 04

5. PROPERTY DOCUMENTATION

Is Land Rent regularly paid and accepted by the Government

y / n

Is Property Tax regularly paid

y / n

Is land occupancy undergoing some form of regularization procedure

y / n

Is the unit or affected part of it within a public ROW

y / n

6. UTILITIES AND INFRA-ESTRUTURE

Sewage treatment system

No information ( ) DAWASA ( ) Septic well ( ) ditch ( ) river ( )

Water No information ( ) DAWASCO ( ) well ( ) other ( )

Is water metered? yes ( ) no ( )

Electrical Network yes ( ) no ( )

If yes, is energy metered? yes ( ) no ( )

Pavement type of the street in front of the property

asphalt ( ) earth ( ) other ( )

7. PRELIMINARY MATRIX OF ENTITLEMENTS

Affected Party Compensation

for Land

Compensation for Structures

Disturbance Allowance

Accomod. Allowance

Transport Allowance

Loss of Profit

Landlord (absent property owner)

Owner occupier - Resident

Tenant – Resident

Owner occupier – Business Owner

Tenant – Business Owner

Other

85

Socio-Economic Questionnaire – 1 of 2

Property Survey - Multi-Unit Building or Site

1. FIELD CONTROL


1.

2

Code of this Multi-Unit Property Survey Name: I declare that all information herein is true and


Code of individual Property Surveys and Inspection & Valuation Reports in this Multi-Unit Property:

Supervisor: Date


Address (Street, Sub-Ward, etc): No:


Block:

Owner(s):

This property is totally affected ( ) partially affected ( )

If partially affected, how many Invividual Units will be displaced / resettled: ( )

Type of Multi-Unit property:

Description of spaces / structures which are used collectively:

86

3. TENANCY AND OWNERSHIP CONDITION

Type of tenancy of individual units to be affected (owner occupied, rented, other):

Ownership of collective spaces and structures:

Basis for quantification of collective space and structures to be assigned (valuated) within Individual Units:

Rental incomes of units to be affected:

4. EMPLOYMENT

List any fulltime or part-time employees engaged with Multi-Unit property:

87

Annex 03 – Socio-Economic Survey – Residential Resettlement Questionnaire Socio-Economic Survey – Commercial Activities Questionnaire Socio-Economic Survey – Fixed Vendor Questionnaire

1. FIELD CONTROL


1.

2

3

Supervisor: Name: Family Head / Male ( ) Family Head / Female ( ) Spouse ( ) Other ( ) I declare that all information herein is true and


Code of Corresponding Property Survey Inspection & Valuation Report:

Code of this Socio-Economic Unit:


Address (Street, etc): No:


Delete:

Sub-Ward:

Time in residence:

Type of occupant: ( ) Owner-occupant ( ) Tenant ( ) Other

If tenant or other, inform name of owner: Phone:

Type of residence: Individual house ( ) Room or apartment in individual house ( ) Upper floor unit ( )

Apartment ( ) Other ( )

88

Residential Resettlement

3. RESIDENT DATA BANK No of

Dweller Complete

Name

Relation to Family Head

1= son/daughter 2= father/mother

3= grandson

4= other relative

5= agreggates

Sex

1=M

2=F

Age Marital Status

1= married

2= live

togethe

r

3= single 4=

separated

5= divorced 6= widow

Level of Education

1= none

2= under 2 years

3= basic school 4=

intermediary

school 5= university

Special Needs

Specify any physical

or psichological

handicaps

01 Family Head: n.a.

02 Spouse: n.a.

03

04

05

06

07

08

09

NOTE: N.A. = NOT APPLICABLE

4. SOURCES OF INCOME No of Dweller

Occupation Place of Work

Name of sub-ward or home

Type of Work Contract

0= not informed 1=

registered employee

2= Informal 3= Freelancer 4= Self

employed

5= Other

Other Income Source

s 1= Retirement 2= Alimony 3= Other

Average Monthly Income

(TZS)

Time in Occupatio

n

(complete years)

Means of Transport to

Work 0= none 1= walking 2= bycicle 3= daladala 4= car –

motorbyke 5= other

Time of Travel to

Work

(total both

ways daily in

minutes)

Average Weekly

Transport Cost to Work

(TZS)

NOTE: N.I. = NOT INFORMED

5. PLACE OF STUDY

89

No of Dweller

Place of Study

(Sub-Ward)

Period

1= Morning 2= Afternoon 3= Night 4= Full time 5= Ocasional

Means of Transport

1= Walking 2= Bicycle 3= Daladala 4= Car - motorbike 5= Other

Time of Travel

(total both ways daily in minutes)

Average Weekly

Transport to School Cost

(only public

transport cost)

6. MONTHLY COSTS

Cost of Rent (if tenant)

Utility Rates (average) Taxes

Water + Sewer Garbage Collection

Energy Gas Land Rent Property Tax

7. COMMERCIAL ACTIVITY WITHIN RESIDENCE

I there any commercial use of residence? Yes (

) No ( ) How

many rooms are used for this activity?

Describe:

8. SURVEYOR’S COMMENTS

90


1

2

3

Supervisor: Name:

Family Head / Male ( ) Family Head / Female ( ) Spouse ( ) Other ( ) I declare that all information herein is true and

accurate. Signature of the Informer: Code of Corresponding Property Survey Inspection & Valuation Report:

Code of this Socio-Economic Unit:

2. BUSINESS IDENTIFICATION DATA

Company Name:

Address (Street, etc): No:


Block:

Sub-Ward

Commercial Activity Type (see options below):

Type of occupancy: ( ) Owner-occupant ( ) Tenant ( ) Other

If tenant or other, inform owner’s name: Phone:

If tenant, inform date for contract expiration:

Property Type: Kiosk attached to building ( ) Room in residential building ( ) Stand-Alone Kiosk ( ) Independent Commercial Building ( ) Other ( )

Describe implemented improvements and estimated cost:

Commercial Activity Types: (1) Restaurant / bar / food & leisure / hotel (2) Vehicle related services (excluding gas stations) (3) Petrol stations (4) Other retail or services (including banks

91

and financial instit.) (5) Religious buildings (6) Public / Institutional buildings (including schools) (7) Industrial (8) Other (Waterfront, hospital, etc)

92

Commercial Activities

3. EMPLOYER AND EMPLOYEES’ REGISTER No of

Employee Complete Name Relation to

Owner

1= son/daughter

2= father/mother

3= grandson/

granddaughter

4= other relative 5= agreggates

6=no relation

Lives within

300 m of corridor?

(yes or no)

Type of Work Contract

0= not informed

1=

registered

employee

2= Informal 3= Freelancer

4= Self

employed

5= Retired 6= Other

Working Period

1=Partial Time

2= Full time

How long does the person have this occupation?

(inform in

complete

years)

Means of Transport to Work

0= none

1= walking

2= bycicle

3= daladala 4= car/ motorcycle

5= other

Owner’s Name

01 n.a. n.a.

Responsible (manager, administrator etc)

02

Employees

03

04

05

06

07

08

09

10

NOTE: N.A. = NOT APPLICABLE

Average monthly sales

Average net monthly profit

Available Documentation

Bank Loans. Inform outstanding amount and monthly installment

Mortgage. Inform value.

5. RESIDENCE LINKED TO THE COMMERCIAL BUILDING

Is there any area within the property that is used as residence by employees or other persons?

Yes ( ) No ( )

Number of persons:

What is the reason?

93

6. SURVEYOR’S COMMENTS

Socio-Economic Questionnaire – 1 of 2 Fixed Vendor Resettlement

1. FIELD CONTROL


1.

2

3

Supervisor: Name:

Family Head / Male ( ) Family Head / Female ( ) Spouse ( ) Other ( ) I declare that all information herein is true and


Code of he Socio-Economic Unit

2. LOCATIONAL DATA

Street / Location (describe with reference to adjacent uses, indicate sub-ward):

Type of Activity:

Time in this location:

Permit or authorization (if any):

Volume of monthly sales:

94

Average number of clients per day:

3. SURVEYOR'S COMMENTS

95

ANNEX 04: SAMPLE GRIEVANCE AND RESOLUTION FORM

Name (Filer of Complaint):

__________________________________

ID Number: __________________________________ (PAPs ID

number)

Contact Information: __________________________________

(Village/Ward/Mtaa; mobile phone)

Nature of Grievance or Complaint:

______________________________________________________________________

______________________________________________________________________

______________________________

Date Individuals Contacted Summary of Discussion

____________ __________________ ___________________________

Signature_______________________ Date: ____________

Signed (Filer of Complaint): ______________________________________

Name of Person Filing Complaint :__________________________( if different from

Filer)

Position or Relationship to Filer: __________________________________

Review/Resolution

Date of Conciliation Session: ______________________________________

Was Filer Present? : Yes No

Was field verification of complaint conducted? Yes No

Findings of field investigation:

______________________________________________________________________

______________________________________________________________________

______________________________

Summary of Conciliation Session

Discussion: __________________________________________________________

______________________________________________________________________

__________________________________________

Issues _______________-

______________________________________________________________

Was agreement reached on the issues? Yes No

96

If agreement was reached, detail the agreement below:

If agreement was not reached, specify the points of disagreement below:

______________________________________________________________________

______________

Signed (Conciliator): ___________________________ Signed (Filer):

________________

Signed: ___________________________

Independent Observer

Date: ___________________________

97

ANNEX 05: SAMPLE TABLE OF CONTENTS FOR CONSULTATION REPORTS

1.0 Introduction.

1.1 Project Description

1.2 Applicable Laws, Regulations, and Policies to Public Engagement

1.3 Project Lenders

2.0 Stakeholder Analysis

2.1 Areas of Influence/Stakeholders

2.2 Description of Stakeholders

3.0 Stakeholder Engagement

3.1 Previous Consultation Activities

3.2 Implemented Community Engagement Activities

3.3 Project Sponsor’s Community Engagement Plan

3.3.1 Phase 1 – Initial Stakeholder Consultation

3.3.2 Phase 2 – Release of the SEA Terms of Reference and Draft PCDP

3.3.3 Phase 3 – Release of SEA Consultation Summary Report

4.0 Summary of Key Issues

5.0 Future Consultation Events

5.1 Phase 4 – Release of the SEA Report and Action Plans

5.2 Phase 5 – RCDAP Planning Consultation

5.3 Phase 6 - On-going Project Communication

6.0 Disclosure Plan

Tables

Table 2.1: Consultation Activity Summary

Table 3.1: Initial Government Agency Consultations

Table 3.2: Summary of NGO Meetings

Table 3.3: Sub-County Committee Composition

Table 3.4: Summary of Community Discussions

Table 3.5: Local Community Comments

Table 4.1: Summary of Key Issues and Responses

Table 5.1: Summary of Future Consultation Activities per Stakeholder Group

98

TEMPLATE Table on Consultation Activity Summary

Location and

Communities

Represented

Meeting

Dates

Attendees Discussion Summary

Example:

99

ANNEX 06: GLOSSARY OF TERMS

Census A field survey carried out to identify and determine the number of Project

Affected Persons (PAPs) or Displaced Persons (DPs) as a result of land

acquisition and related impacts. The census provides the basic information

necessary for determining eligibility for compensation, resettlement, and

other measures emanating from consultations with affected communities and

the local government institutions.

Compensation The payment in kind, cash or other assets given in exchange for the

acquisition of land including fixed assets, is called compensation. These

include other impacts resulting from activities to rehabilitate or cushion the

impacts from displacement.

Cut-off Date The cut-off date is the date of commencement of the census of PAPs or DPs

within the DUTPT program area boundaries. This is the date on and beyond

which any person whose land is occupied for DUTP program, will not be

eligible for compensation.

Grievance

Mechanism

The RPF contains a grievance mechanism based on policies and procedures

that are designed to ensure that the complaints or disputes about any aspect

of the land acquisition, compensation, resettlement, and rehabilitation

process, etc. are being addressed. This mechanism includes a procedure for

filing of complaints and a process for dispute resolution within an acceptable

time period.

Implementation

Schedule

The RPF contains an implementation schedule that outlines the time frame

for planning, implementation, and monitoring and evaluation of the RAPs for

sub-projects, if applicable.

Land Land refers to all types of agricultural and/or non-agricultural land and any

structures thereon whether temporary or permanent and which may be

acquired by the project.

Land Acquisition Land acquisition means the possession of or alienation of land, buildings, or

other assets thereon for purposes of the project.

Project Affected

Persons (PAPs)

or Displaced

Project affected persons (PAPs) or Displaced Persons (DPs) are persons

affected by land and other assets loss as a result of DUTP activities. These

person(s) are affected because they may lose, be denied, or be restricted

100

Persons (DPs) access to economic assets; lose shelter, income sources, or means of

livelihood. These persons are affected whether or not they will move to

another location. Most often, the term DPs applies to those who are

physically relocated. These people may have their: standard of living

adversely affected, whether or not the Displaced Person will move to another

location ; lose right, title, interest in any houses, land (including premises,

agricultural and grazing land) or any other fixed or movable assets acquired

or possessed, lose access to productive assets or any means of livelihood.

Project Impacts

Impacts on the people living and working in the affected areas of the project,

including the surrounding and host communities are assessed as part of the

overall evaluation of the project.

Project

Implementing

Unit (PIU)

Some projects make use of project implementing units (PIUs), which are

generally separate units within the project recipient’s agency. The PIU is

often composed of full time staff devoted to implementing the project, and

have been encouraged to have separate teams with environment and social

specialists who can carry out the activities, for example, as outlined in the

RPF or RAP.

Rehabilitation

Assistance

Rehabilitation assistance is the provision of development assistance in

addition to compensation such as livelihood support, credit facilities, training,

or job opportunities, needed to assist PAPs or DPs restore their livelihoods.

Replacement

Cost

Replacement cost refers to the amount sufficient to cover full recovery of lost

assets and related transaction costs. The cost should be based on Market

rate (commercial rate) according to Tanzanian laws for sale of land or

property. It is normally calculated based on a willing buyer-willing seller

basis, but also applies in Tanzania to acceptable market valuation or from an

assessment from the Land Commission and government valuer.

Resettlement

Action Plan

(RAP)

The RAP is a resettlement instrument (document) to be prepared when sub-

project locations are identified. In such cases, land acquisition leads to

physical displacement of persons, and/or loss of shelter, and /or loss of

livelihoods and/or loss, denial or restriction of access to economic resources.

RAPs are prepared by the implementing agency and contain specific and

legal binding requirements to resettle and compensate the affected people

before project implementation.

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Resettlement

Assistance

Resettlement assistance refers to activities that are usually provided during,

and immediately after, relocation, such as moving allowances, residential

housing, or rentals or other assistance to make the transition smoother for

affected households.

Resettlement

Policy

Framework

(RPF)

The RPF is an instrument to be used throughout the project’s

implementation. The RPF sets out the objectives and principles,

organizational arrangements, and funding mechanisms for any resettlement,

that may be necessary during implementation. The RPF guides the

preparation of Resettlement Action Plans (RAPs), as needed, for sub-

projects.

Rights and

Entitlements

Rights and entitlements are defined for PAPs and DPs (with the cut-off date)

and cover those losing businesses, jobs, and income. These include options

for land-for-land or cash compensation. Options regarding community and

individual resettlement, and provisions and entitlements to be provided for

each affected community or household will be determined and explained,

usually in an entitlement matrix.

Witness NGO or

Independent

Monitor

Some RPFs refer to a witness NGO or an independent monitor that can be

contracted to observe the compensation process and provide an

independent assessment of the quality of the process. These are usually

NGOs or other agencies that are not directly involved in the project and have

a reputation for independence and integrity.

Public Disclosure Authorized SFG2861 - World Bank...January 2017. Public Disclosure Authorized....

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