TANZANIA ELECTRIC SUPPLY COMPANY LIMITED - …documents.worldbank.org/curated/en/... · 4.4 Laws...

TANZANIA ELECTRIC SUPPLY COMPANY LIMITED

Resettlement Action Plan (RAP) for the Proposed Backbone

Iringa – Shinyanga Transmission Investment Project

FINAL REPORT

Report Prepared by Institute of Resource Assessment University of Dar es Salaam P.O Box 35097 Dar es Salaam

Submitted to TANESCO Umeme Park Building P.O Box 9024 Dar es Salaam

FEBRUARY, 2012

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RP890 v2

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Declaration The following individuals prepared this RAP Report: Prof. Hussein SOSOVELE, Socio-Economist and RAP Specialist (Team Leader) Ms. Beatrice MCHOME: Public Consultations and Participation and Resettlement Mr. C. MSONGANZILA-Social Surveys Mr. Alexander CHAMBI -Social Surveys Ms. Zaina AYUBU-Social Surveys Ms. Doreen FRANCIS-Social Surveys Mr. George SANGU-Social Surveys Mr. Rolland MUSHI-Social Surveys Mr. Anslem SILAYO-Social Surveys Mr. Elia MAKALLA-Social Surveys Mr. Faraja NDUMBARO-Social Surveys Mr. Alex NGOWI– Social Surveys Mr. Francis MKWAWA - Social Surveys Mr. Emmaeli SASI - Social Surveys Mr. Alex MAGOME- Social Surveys

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Table of Contents

Table of Contents ............................................................................................................. iii

List of Abbreviations/Acronyms .................................................................................... vii

Acknowledgement .......................................................................................................... viii

Executive Summary ......................................................................................................... ix

CHAPTER 1 ...................................................................................................................... 1

INTRODUCTION AND OVERVIEW ............................................................................ 11.1 Project Background ................................................................................................................................ 11.2 Project Description ................................................................................................................................. 1

1.2.1 Iringa -Dodoma Section ....................................................................................... 21.2.2 Dodoma - Singida Section .................................................................................... 21.2.3 Singida - Shinyanga Section ................................................................................ 2

1.3 Project Phases ......................................................................................................................................... 81.3.1 Mobilization Phase ............................................................................................... 81.3.2 Construction Phase ............................................................................................... 81.3.3 Operation Phase .................................................................................................... 8

CHAPTER 2 ...................................................................................................................... 9

OBJECTIVES AND METHODOLOGY ........................................................................ 92.1 Objectives of the Resettlement Action Plan ........................................................................................... 92.2 Methodology and Approaches ................................................................................................................ 9

2.2.1 Overview .............................................................................................................. 92.2.2 Specific Methods and approaches. ....................................................................... 9

2.3 Methodology for Undertaking PAP Census and Socio-Economic Profile ........................................... 102.4 Methods of Valuing Affected Assets and Compensation Payments ....................................................... 112.5 Disclosure of the Resettlement Action Plan ......................................................................................... 12

CATEGORIES OF AFFECTED PEOPLE AND ASSET ........................................... 13

IDENTIFICATION OF IMPACTS AND MEASURES TO MINIMIZE

RESETTLEMENT .......................................................................................................... 133.1 Project Affected .......................................................................................................................................... 133.2 Project Impact: Activities that Will Lead to Resettlement Impact ...................................................... 13

3.2.1 Workers’ Camps and Access Road .................................................................... 133.2.2 Way leave establishment ................................................................................... 133.2.3 Substations ......................................................................................................... 14

3.3 Categories of Impacts ........................................................................................................................... 143.3.1 Impacted assets / uses ......................................................................................... 143.3.2 Loss of Productive Land and Resources ............................................................ 153.3.3 Loss of Structures ............................................................................................. 153.3.4 Residential structures ......................................................................................... 163.3.5 Commercial Structures ....................................................................................... 163.3.6 Annexed structures ............................................................................................. 173.3.7 Loss of Community and Public Structures and entities ..................................... 173.3.8 Impact on Permanent Crops/Trees ..................................................................... 203.3.9 Impact on Seasonal Crops .................................................................................. 213.3.10 Loss of Cultural and Archaeological Property ................................................... 213.3.11 Other unintentionally impacts ............................................................................ 22

3.4 Magnitude of Loss ................................................................................................................................ 233.5 Measures to Minimize Resettlement Impact During Planning ................................................................... 233.6 Willingness to Relocate ........................................................................................................................ 243.7 Eligibility for Compensation and Resettlement Assistance .................................................................. 25

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3.7.1 Forms of Compensation ..................................................................................... 253.7.2 Compensation for Property of Deceased Persons .............................................. 26

3.8 Cut-off Date .......................................................................................................................................... 26CHAPTER 4 .................................................................................................................... 29

POLICY, LEGAL AND INSTITUTIONAL FRAMEWORK .................................... 294.1 Introduction .......................................................................................................................................... 294.2 National Policies .................................................................................................................................. 29

4.2.1 National Land Policy, 1997 ................................................................................ 294.2.2 The Antiquities Policy of 2008 .......................................................................... 294.2.3 The Cultural Policy of 1997 ............................................................................... 294.2.4 The Agriculture and Livestock Policy, 1997 ..................................................... 304.2.5 Water Policy, 2002 ............................................................................................. 304.2.6 National Energy Policy, 2003 ............................................................................ 304.2.7 National Human Settlements Development Policy (NHSDP), 2000 ................. 304.2.8 The Tanzania Development Vision, 2000-2025 ................................................ 31

4.3 International Policies and Guidelines Relevant to this RAP ................................................................ 314.3.1 The World Bank Operational Policy 4.12 .......................................................... 314.3.2 The World Bank OP 4.11 Physical Cultural Resources ..................................... 324.3.3 African Development Bank Involuntary Resettlement Policy 2003 .................. 32

4.4 Laws and Regulations .......................................................................................................................... 334.4.1 The Land Act, 1999 ............................................................................................ 334.4.2 Village Land Act No. 5 of 1999 ......................................................................... 344.4.3 The Antiquities Act No. 10 of 1964 and Amendment No. 22 of 1979 .............. 344.4.4 The Graveyard Removal Act (No. 9 of 1969) .................................................... 344.4.5 The Land Regulations, 2001 .............................................................................. 354.4.6 The Land Acquisition Act of 1967 ..................................................................... 354.4.7 The Land Disputes Courts Act No. 2 of 2002 .................................................... 354.4.8 The Local Government Act No. 9 of 1982 ......................................................... 364.4.9 Land Use and Spatial Planning .......................................................................... 36

4.5 Institutional Framework ....................................................................................................................... 36CHAPTER 5 .................................................................................................................... 38

SOCIO-ECONOMIC SURVEY OF AFFECTED PEOPLE AND COMMUNITIES 385.1 Introduction and Overview ................................................................................................................... 385.2 General Characteristics of the Survey Area ......................................................................................... 38

5.2.1 Residency of PAP household heads ................................................................... 385.2.2 Sex ratios of PAP household heads and household members ............................ 395.2.3 Age profiles ........................................................................................................ 395.2.4 Marital status ...................................................................................................... 415.2.5 Land Tenure and Transfer systems .................................................................... 415.2.6 Education levels ................................................................................................. 425.2.7 Formal and informal employment and income .................................................. 435.2.8 Agriculture practices .......................................................................................... 445.2.9 Petty Trading ...................................................................................................... 445.2.10 Types of Impacted House Structures ................................................................. 45

5.2.11: Vulnerable Groups or Persons requiring Special Provisions ................................................................ 47CHAPTER 6 .................................................................................................................... 48

PUBLIC PARTICIPATION AND STAKEHOLDER CONSULTATIONS ............. 486.1 Overview .................................................................................................................................................... 486.1 Stakeholder Identification and Analysis ............................................................................................... 48

• Facilitating implementation of the RAP ............................................................................ 49

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• Provide technical support in land acquisition and resettlement including property valuation .................................................................................................................................... 49

• Smooth implementation of the Project ............................................................................ 49

• Economic development and livelihoods improvement in Iringa Region .......................... 49

6.2 Methods of Stakeholder Participation .................................................................................................. 496.2.1 Notification to stakeholders ............................................................................... 496.2.2 Household Interviews ......................................................................................... 496.2.3 Village Public Meetings and with village leaders .............................................. 506.2.4 Meetings with Regional and District Officials ................................................... 506.2.5 Consultations with Other Relevant Stakeholders ............................................... 50

6.3 Summary of Stakeholders Views and Concerns ................................................................................... 536..4 Key Recommendations from Stakeholders .......................................................................................... 55

CHAPTER 7 .................................................................................................................... 56

RAP IMPLEMENTATION ........................................................................................... 567.1 Organizational Procedures and Responsibilities for Delivery of Entitlements ..................................... 56

7.1.2 Delivery of entitlement ....................................................................................... 567.2 PAP Vacating Timing .......................................................................................................................... 577.3 RAP Implementation Budget ............................................................................................................... 59

CHAPTER 8 .................................................................................................................... 60

MANAGEMENT OF GRIEVANCES AND DISPUTES ............................................ 608.1 Disputes Procedures under Existing Laws ........................................................................................... 608.2 Grievances and Complaints Procedures under this RAP ...................................................................... 60

8.2.1 Steps to be followed for Grievance Redress ...................................................... 60CHAPTER 9 .................................................................................................................... 64

MONITORING AND EVALUATION .......................................................................... 649.1 Monitoring and Reporting .................................................................................................................... 64

9.2 Monitoring and Reporting Indicators ......................................................................... 65REFERENCES ................................................................................................................ 67

LIST OF ANNEXES ....................................................................................................... 68

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LIST OF TABLES Table i: Compensation and allowances to be paid to PAPs (Tshs) ................................................. xiiTable 1.1: Regions, Districts and Villages along the Line ................................................................... 2Table 3.1 Project Impacted Assets and PAPs .................................................................................... 15Table 3.2 Public/Community Compensable Assets Affected by District .......................................... 18Table 3.3 Entitlement Standards for the PAPs with Fixed Assets ..................................................... 22Table 3.4 Magnitude of Loss ............................................................................................................. 23Table 3.5 : Willingness of the PAPs to relocate? ................................................................................ 24Table 3.6: Preference site to relocate .................................................................................................. 25Table 4.1: Comparison of Tanzanian Law and World Bank Op 4.12 Regarding Compensation ....... 32Table 5.1 PAP Household Heads Residing in Urban and Rural Areas ............................................. 38Table 5.2: Sex of PAPs Heads of Households and Household Members ........................................... 39Table 5.3: Age structure of PAPs Heads of Households and Household Members ........................... 40Table 5.4: Marital Status of PAP Heads of Households ..................................................................... 41Table 5.5: Ownership and Transfer system ........................................................................................ 41Table 6.6: Education of PAPs Household Heads and Family Members ............................................ 42Table 5.7: Employment Status of PAP Household Heads and Dependents ....................................... 43Table 5.9 Types of Impacted Residential Structures ......................................................................... 45Table 5.10: Vulnerable PAPs ............................................................................................................... 47Table 6.1 Stakeholders/institutions to support RAP planning and implementation .......................... 48Table 6.2 Stakeholders consultative meetings conducted at Regional and District level ................. 51Table 7.1 Compensation and allowances to be paid to PAPs (Tshs) ................................................. 59Table 8.1 Grievance Redress Process ................................................................................................ 62

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List of Abbreviations/Acronyms

AT Angle Tower CBD The Convention on Biological Diversity CITES The Convention on International Trade in Endangered Species of Wild Fauna

and Flora CMS Conservation of Migratory Species DECON Deutsche Energie-Consult Ingenieurgesellschaft mbH DED District Executive Director DMO District Medical Officer DNRO District National Resources Officer DOE Director of Environment DPLO District Planning Officer EA Environmental Assessment EIA Environmental Impact Assessment EIS Environmental Impact Statement EMA Environmental Management Act ESIA Environmental and Social Impact Assessment ESMP Environmental and Social Management Plan FR Forest Reserve GDP Gross Domestic Product IRA Institute of Resource Assessment kV Kilo Volt LHS Left Hand Side MAFSC Ministry of Agriculture, Food Security and Cooperatives MDG Millennium Development Goal MKUKUTA Mkakati wa Kukuza Uchumi na Kuondoa Umasikini Tanzania MLHS Ministry of Land and Human Settlement MNRT Ministry of Natural Resource and Tourism NEMC National Environment Management Council NEP National Environment Policy NFP National Forest Policy NGO Non-Governmental Organization NHSDP National Human Settlements Development Policy NSGRP National Strategy for Growth and Reduction of Poverty OD Operational Directives OP OISF

Operational Policies Owners Implementation Support Firm

OSHA Occupational Safety and Health Authority RAP Resettlement Action Plan RHS Right Hand Side RoW Right of Way T Tower TANESCO Tanzania Electric Supply Company TANROADS Tanzania National Road Development Agency TRC Technical Review Committee TTCL Tanzania Telecommunication Company Limited URT United Republic of Tanzania VPO Vice President's Office

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Acknowledgement

A team of experts from Institute of Resources Assessment (IRA), University of Dar es Salaam prepared this report. The report would not have been possible without the assistance of many people. The team wishes to thank all stakeholders for their generous contributions expertise and resources that have been used in this report. The information and insight provided by the villagers, government officials, agencies and organizations throughout Right of way of the proposed 400kV transmission line have greatly been useful in shaping the report. We are grateful to the village leaders and villagers specifically the Project Affected People for their support and cooperation during this study. We thank them for their time in answering our questions and for comments on various issues that have been taken into account during the preparation of the report. The team also wishes to thank all Government valuers involved in the 400Kv project, especially, Mr. Chacha who assisted the team in analysing the valuation reports. Special thanks go to TANESCO staffs both from the Headquarters and surveyors who were at the site during the study, for assisting the team on logistics as well as identification of PAPs. Without their involvement this exercise could have been more difficult to undertake.

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Executive Summary Project Background Tanzania is endowed with diverse energy sources including biomass, natural gas, hydropower, coal, geothermal, solar and wind power, much of which is untapped. Wood-fuel accounts for up to 92% of total energy supply with about 2% from hydro-electricity and 7% from oil-derived products. Electricity generation, transmission and distribution in Tanzania is under the Tanzania Electric Supply Company Limited (TANESCO). The Company is 100% government owned and is responsible for more than 90% of the country's electricity supply. Few private sectors are involved in the generation of electricity that is sold to TANESCO for inclusion in the national grid. TANESCO is implementing a project to reinforce its existing 220kV transmission line from Iringa to Shinyanga via Dodoma, Singida and Tabora Regions. The project involves the construction of 670km of 400kV electrical power line and expansion of power stations at Iringa, Dodoma, Singida, part of Tabora and Shinyanga. The objective of the proposed power line transmission is to improve power supply in the north-western part of the country, which has an increasing number of mining and other social and economic development activities.. The project will also reduce the duration and frequency of power interruptions to the northern regions, improve voltage conditions at consumers’ premises, reduce power systems losses in the northern regions, increase customers, and improve the power line capabilities for smooth power transfer to the Lake Zone and beyond.

Only approximately 16 percent of Tanzanians, primarily those in urban areas, have access to electricity, while the majority of the population has no reliable means of energy for economic development activities and domestic use. The implementation of the proposed 400kV therefore, aims to alleviate this problem in the northwestern part of the country.

The 400kV project will involve construction of approximately 670 km of 400 kV electrical power transmission line mostly parallel to the existing line from Iringa via Dodoma, Singida part of Tabora and Shinyanga covering 13 districts and 97 villages in those five regions. The transmission line will involve acquisition and preparation of way-leave, improvement of substation and construction of transmission line. Objectives and Methodology of the RAP This RAP is prepared in accordance to the provisions of the Resettlement Policy Framework (RPF) with some additional measures to be responsive to the demands of the affected communities since the detailed census and socio-economic study was conducted after the preparation of the RPF. The main objective of this Resettlement Action Plan (RAP) is to provide an agreed plan for the compensation and resettlement of persons who will be affected by the project implementation. The plan provides a road map for resolving displacement, resettlement and compensation issues related to project implementation. The RAP has also developed mitigation measures through consultation with PAPs, several relevant authorities, including government at both national and local level, lending agencies and TANESCO to ensure that the affected persons are not worse off as a result of the project and their livelihoods are restored to the level before the project or even improved further as well as to gain understanding of project objectives, scope and impacts A review of documents such as the ESIA, the Resettlement Policy Framework (RPF), the Valuation Report, the Census and socio economic survey conducted in 2010 for the preparation of the RAP and field visits, with extensive stakeholder participation formed the

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basis of preparing this RAP. In undertaking the valuation exercise, various methods were applied; that took into consideration PAPs legitimate claims, legal and Resettlement Policy Framework (RPF) provisions. Compensation items include:

i) Value of the land ii) Value of unexhausted improvements (dwelling house, other house structures, trees,

crops, hedges/fences and other properties).

The calculation of compensation and other resettlement allowances for displaced property owners based on current practices in Tanzania for valuation and compensation of properties as stipulated under the Land Act, 1999 and Land Regulations, 2001 and requirements by the World Bank OP 4.12, which requires that compensation is paid based on the full replacement value of an asset.

Identification of Impacts and Measures to Minimize Resettlement

The planned development will have resettlement impacts arising from construction of workers camps, access roads, way leave establishment, and construction of substations. These activities will have various impacts in local communities that include loss of houses, other structures, loss of land and, loss of community and public structures. Various mitigation measures have been considered to ensure minimal impact, these include adjusting the alignment of the transmission line to avoid impacts in areas with culturally sensitive assets (e.g., graveyards) or large numbers of existing assets mainly those used by communities such as schools and water facilities.

In total, the project will affect 303,490 compensable assets of which 1,229 are residential structures, 3 are commercial structures, 77 are annexed structures (such as septic tanks, water tanks, or fences), 47 are public/community structures, 294,149 permanent crops, mainly trees 5,690 farms/land and 57 unfinished structures as well as 2,202 graves.

Also, there are 2,389 vulnerable PAPs’1

According to the Land Act 1999 and Land Acquisition Act of 1967 all legal owners of properties located within the proposed Way-Leave at the time of inspection and valuation are eligible for compensation. The World Bank OP 4.12 requires the use of "replacement cost methods" for calculating compensation amounts that does not account for depreciation when determining the value of a structure; this has been adopted in this RAP. Valuation has been

household members of whom 1,294 were household heads requiring special assistance. These include 654 elderly, 460 widows, 68 divorced, 40 orphans, 46 sick and 26 disabled. These PAPs will be provided with necessary assistance by the project on a case-by-case basis, including assistance with the resettlement if the case, including assisting to rebuild their houses in the new location, assistance to move/relocate, among others as well as with disputes and/or administrative procedures and opening of bank accounts where necessary. TANESCO will provide this assistance in collaboration with the respective District Authority particularly the Community Development Office. TANESCO has set aside a budget of Tshs 160,000 (approximately 100USD for each) therefore (Total of Tshs. 382,240,000 approximately to 238,900USD) to assist vulnerable PAPs that will require special assistance. Through the Socio-Economic Survey and Resettlement Action Planning process, the majority of households in the project site have declared their willingness to relocate to a site close to their current homesteads if they receive prompt and fair compensation. Eligibility and Entitlement

1 Vulnerable includes: disabled, sick, women headed households, orphans, unemployed, widows,

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done covering all physical assets, farms, permanent crops, timber and fruit trees, cultural properties, public structures and infrastructure.

To determine eligibility for compensation, PAPs were divided into different criteria that include formally recognized landowners, land users who have no formal right of ownership, Asset owners, and Community asset owners/ land uses. There maybe people impacted from unintentional and temporary damage to their land and property during construction due to unforeseen actions caused by movement of machines. Whenever such an impact occurs due to construction activities, it will be the responsibility of the contractor to address it. This condition must be included in the contract with the contractor. It will also be responsibility of the contractor to include the cost for such action in the budget for construction.

As agreed and outlined in RPF. the RAP establishes a grievance/complaint procedure to ensure that all PAPs have the opportunity to file grievances, including those related t compensation and have mechanisms to record these grievances and track when and how these grievances were resolved if they are dissatisfied with the awarded compensation or the process thereof.

Policy, Legal and Institutional Framework The proposed construction of 400kV power transmission line will have implication in other sectors such as tourism, mining, forest, some international policies as well as the livelihoods of the people in and around the project area. Some of the laws and policies both local and international that have been considered in this RAP include the National Land Policy, National Energy Policy and The Tanzania Development Vision, 2000-2025 as well as The World Bank Operational Policy 4.12 and the African Development Bank Involuntary Resettlement Policy 2003. Socio-Economic Survey of Affected People and Communities The local communities along the Way-Leave in the project area are small-scale farmers, practicing both crop cultivation and livestock keeping as their main economic activities. Other PAPs, especially those in the urban areas, are engaged in formal and informal employment and business between small to medium levels. Although most people, practice small-scale farming, their annual production is relatively substantial. Crops cultivated include sunflowers, maize, beans, cotton, wheat, peas, groundnuts, finger millet, simsim, paddy and grapes. Public Participation and Stakeholder Consultations

Various methods were used to ensure effective Public participation and consultation with affected communities . These include village meetings in all the villages that the transmission line will go through and involving local communities and their respective governments. Other methods included interviews with PAPs through filling of questionnaires, and providing explanation on the project, land acquisition process and any other issue as raised by PAPs. In addition, public notices were made available at each village government office providing contacts to TANESCO that PAPs can use to communicate in case of further clarification.

Stakeholder’s participation provided an opportunity to generate ideas and views from PAPs on how best some of the impacts can be addressed. It also provided opportunity to inform the PAPs about the compensations and resettlement procedures and to secure their cooperation. Although many PAPs support the project and expect it will have major impact on the

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economy, they raised concerns on land and compensation issues, demanding them to be prompt and fair. RAP Implementation The overall responsibility for resettlement lies with the Ministry of Energy and Minerals and payments will be made through the fiscal authority of TANESCO as the project implementer. Once compensation payments have been made to PAPs through an agreed arrangement, TANESCO and district government authorities will have a critical role to play to ensure that PAPs are using their entitlements for the purpose of relocation consistent with the timing in the vacancy agreements. The total compensation costs that will be provided under this RAP, as per Compensation Schedules for the 6,053 PAPs with compensable assets is Tshs 19,387,647,662.62 (about US$ 12,117,279.79 (at the exchange rate of US$1 = Tshs 1,600.00). with additional of Tshs 383,240,000.00 (US$ 239,525.00) to assist vulnerable PAPs that will require special assistance. The RAP monitoring cost will be covered under OISF for BTIP. Rural electrification will be financed by TANESCO to accelerate the rural electrification TANESCO completed feasibility study for rural electrification for all villages traversed by BTIP and SIDA and NORAD committed 17 Million Euros for this work.

The breakdown of these costs per district is indicated in the Table below.

Table I: Compensation and allowances to be paid to PAPs Region District Amounts in Tshs 1 Iringa Iringa Municipality 1,302,849,306.00 Iringa District

2 Dodoma

Mpwapwa 1,075,217,000.00 Chamwino 841,584,000.00 Dodoma Municipality 3,367,817,800.00 Bahi 817,296,000.00

3 Singida

Manyoni 1,363,413,401.88 Singida District 1,947,524,379.62 Singada Municipality 3,041,344,872.68 Iramba 1,734,520,444.18

4 Tabora Igunga 1,802,352,127.90

5 Shinyaga Kishapu

1,711,488,330.00 Shinyanga Municipality 6 Assistance to vulnerable

PAPs 382,240,000.00

Total Compensation 19,387,647,662.62 Management of Grievances and Disputes

This RAP provides a simplified grievance redress mechanism that will enable timely settlement of grievances to the PAPs. Village governments will be tasked to handle all complaints from the PAPs in their respective villages following an agreed procedure. Members of the village government responsible for grievance redress process shall include respected village leaders and local village government representatives. 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.

In the event that the PAP is not satisfied, with the assistance of the village leader, an appeal will be lodged to the District Grievance Redress Committee. Beyond this level, the PAP may continue their appeal to the Regional Secretariat, or ultimately to the judiciary as per the legal

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framework as provided by the Tanzania laws, if an amicable resolution can still not be reached.

Monitoring and Evaluation

Monitoring for RAP implementation will be start after 3 months from it implementation , as this is the maximum time PAPs are allowed to vacate their existing properties. TANESCO will keep records of all progress and prepare regular monitoring resettlement implementation reports, which will be done in 6 months intervals, that outline the successes and challenges encountered and submit to the Ministry of Energy and Minerals. Monitoring will be based on maintaining a full-time presence of the implementing agency in the field during resettlement implementation; in coordination with district government authority.

Data from baseline socio-economic surveys undertaken as part of this project will provide the benchmark for monitoring to assess the progress and success of RAP implementation. Monitoring will also include communication with PAPs, documentation of reactions from PAPs and physical monitoring of progress of the RAP’s implementation, including the relocation of PAPs and the affected community assets. There will be an External Monitor appointed by TANESCO to review all compensation tallies and ascertain whether compensation was provided correctly.

Disclosure

The RAP will be disclosed to the public be available at the following places:

• TANESCO Head Quarters and TANESCO Office in all Regions traversed by the transmission line. Ministry of Energy and Minerals and TANESCO websites.

• Offices of the Municipal and District Executive Directors traversed by the project • Offices of the Ward Executive Officers (WEO) and Village Executive Officers

(VEO) of each affected Village or Community traversed by the transmission line • World Bank info shop

• Websites of all Lenders

The executive summary providing information about the type of affected people, impacts and the entitlement matrix will be translated into Kiswahili and distributed to the affected communities in addition to the full RAP.

RAP for 400 kV OHL Iringa - Dodoma - Singida - Shinyanga: Final Report, February 2012

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CHAPTER 1 INTRODUCTION AND OVERVIEW

1.1 Project Background

Tanzania is endowed with diverse energy sources including biomass, natural gas, hydropower, coal, geothermal, solar and wind power, much of which is untapped. Wood-fuel accounts for up to 92% of total energy supply with about 2% from hydro-electricity and 7% from oil-derived products. Electricity generation, transmission and distribution in Tanzania is under the Tanzania Electric Supply Company Limited (TANESCO). The Company is 100% government owned and is responsible for more than 90% of the country's electricity supply. Few private sectors are involved in the generation of electricity that is sold to TANESCO for inclusion in the national grid. Two thirds or 381 MW of Tanzania's installed capacity are from hydropower sources. Tanzania has an estimated hydropower potential of about 3,800MW and a per capita electricity consumption of 46 kWh per annum, growing at a rate of 11-13%. Hence the government is encouraging investments to expand generating capacity, distribution systems and developing alternative sources of energy. The national electricity coverage is about 16% of the total population, a substantial increase from the 10 % in 2006 (MEM, 2006). TANESCO is implementing a project to reinforce its existing 220kV transmission line from Iringa to Shinyanga via Dodoma, Singida and Tabora Regions. The project involves the construction of 670km of 400kV electrical power line and expansion of power stations at Iringa, Dodoma, Singida and Shinyanga. The objective of the proposed project is to improve the power supply in the north-western part of the country, which has an increasing number of mining and other social and economic development activities. The project will reduce the duration and frequency of power interruptions, improve voltage conditions at consumers’ premises, reduce power systems losses, increase customers, and improve the power line capabilities to the Lake Zone and beyond. The resettlement impact of the project involves acquiring land that has houses, crops and structures (such as annexes, unfinished structures) and graves thus creating a new Right-of-Way. This report outlines the agreed plan for the resettlement and compensation of persons affected by project implementation. This RAP has been prepared by involving stakeholders, including PAPs, relevant Government authorities, TANESCO and NGOs and is consistent with lenders that include World Bank Operational Policy 4.12, African Development Bank, and relevant national laws, including the Land Acquisition Act of 1967, Land Act No. 4 of 1999, Village Land Act No. 5 of 1999 and the Land Regulations of 2001.

1.2 Project Description

The project with a length of 670Kms covers five regions, 13 districts and 97 villages running parallel to the existing 220kV line, with only minor variations in areas where alternative alignments have been proposed due to the topographical situation or for the purpose of minimizing resettlement impact. The transmission line will involve several components including land acquisition and preparation of way-leave of 90 metres wide, improvement of substation (e.g., the Iringa substation that requires modification and improvement to enable connection of 400kv) and construction of transmission line that will be constructed with self-supporting lattice steel towers. .


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The project will traverse the following districts, wards and villages as indicated in the table below:

Table 1.1: Regions, Districts and Villages along the Line

Regions Districts Villages Iringa Iringa Municipal Igumbilo, Kigonzile, Nduli, Igingilanyi

Iringa Rural Ndolela, Mkungugu, Kisinga, Isimani Tarafani, Kihorogota, Nyang'oro, Izazi, Mtera, Migori, Makatapora

Dodoma Mpwapwa Mtera-Staff, Kisima, Chipogoro, Seluka Dodoma Urban Nkulabi, Mpunguzi, Mantumbulu, Mkonze, Michese, Nala, Chigongwe Chamwino Fufu, Manzase, Mlowa Barabarani Bahi Ibihwa, Mpamantwa, Bahi, Uhelela, Nagulobahi

Singida Manyoni Lusilile, Maweni, Chikuyu, Chibumagwa, Solya, Muhalala, Manyoni Mjini, Mitoo juu, Mkwese

Singida Rural Choda, Issuna A, Isuna B, Nkuhi, Ulyampiti, Muungano, Ikungi, Ighuka, Kipunguiko, Nkunikana, Puma, Isalanda, Utaho, Kisaki, Manga, Mnung'una, Msisi, Ntondo, Nkwae. Kyalosangi, Tumaini

Singida Urban Kipungua, Misuna, Mungumaji, Unyambwa Mkimbii, Mtipa Iramba Iguguno, Tumuli, Maluga, Kyengege, Mugundu, Kitukutu, Ulemo,

Misigiri, Kibigiri, Nselembwe, Kizonzo, Mseko Tabora Igunga Mgongoro, Makomero, Mbutu, Bukama Imalanguzu, Mwamakona, Igurubi Shinyanga Kishapu Kalitu, Kiloleni, Ngunga, Mwajiginya, Mwaweja, Negezi,

Shinyanga Urban Ibadakuli, Mwamagunguli

5 13 97

1.2.1 Iringa -Dodoma Section

From the Iringa Substation the line will run on the left hand side of the existing 220 kV line on its way to Mtera Dam crossing the Nyang'oro Hills and Forest Reserve. The Hydropower Plant at Mtera will not be passed in order to avoid the demolition of about 160 houses at Makatapora and Mtera villages; instead, the line will cross Mtera reservoir with a long span of about 1,000m, saving additionally about 13 km of line length.

1.2.2 Dodoma - Singida Section

From the Dodoma Substation the line passes along the right hand side of the existing 220 kV line and at T 230 near Kilimatinde, the line traverses a fault-scarp of over 100 m vertical shift, forming a very steep slope with large rock outcrops. Between Manyoni and Singida, the line will pass through Choda Forest Reserve. In order to avoid the demolition of about 150 houses in the new District of Bahi, line routing alternatives was developed for Nala, Bahi and Puma, thus lengthening the line by about 3.2 km but minimizing impact on houses.

1.2.3 Singida - Shinyanga Section

The Singida-Shinyanga section bypasses Singida town and Lake Singida northwestern, joining the 220 kV line at T42 to minimize impact mainly on houses and three large public infrastructures (dispensary, primary and secondary schools from T1 to T24). Despite this change, the new line will affect 763 residential houses and 17 public/community structures in this section. Another bottleneck is between T132 to T191, where the corridor between the road and the existing 220 kV line is occupied by buildings and scattered settlements. From tower T260 to T265 B, the line will pass through the seasonal Wembere swamp in Mseko and Mgongoro


3

villages through to Igumba village in Igunga District, Tabora region on its way to Shinyanga region.

RAP for 400 kV OHL Iringa - Dodoma - Singida - Shinyanga: Final Report, February 2012 IRA

4

Figure 1.1: Proposed Power Transmission Line Route - Iringa - Shinyanga


5

Figure 1.2: Proposed Route Map for Iringa - Dodoma Section


6

Figure 1.3: Route Map for Dodoma - Singida Section


7

Figure 1.4: Route Map for Singida - Shinyanga Section


8

1.3 Project Phases

The project activities will constitute a range of operations that are aimed at ensuring that the project is completed in time and is operational as required. The main activities will run through the following phases:

1.3.1 Mobilization Phase

Mobilization phase shall start after project affected persons, and institutions have been compensated and/or relocated in accordance to this RAP. Mobilization phase will involve establishing workers’ camp and offices on the site, assembling equipment; construction work force as well as materials. Seven temporary work camps will be established in succession at an average of 100kms apart with an average of 3acres in size. This will minimize the cumulative effect associated with construction of the work along the way leave and providing an opportunity to the contractor to rehabilitate the campsite when the next camp is complete and ready for use. This RAP report has included cost for compensating land that will be acquired for construction of these camps as well as access roads for the camps, in areas where new access road will be needed.

1.3.2 Construction Phase

The construction phase includes erecting the towers and securing the site and construction of facilities for the substations and transformers as needed. The same workers camps that will be established during mobilisation phase will be used during construction phase. Contractors are therefore responsible to restore any damage, which will occur during the construction phase, and this should be included in the contracts and associated costs appropriately provided. Some benefits associated with construction are expected to occur, including employment opportunities and provision of services and goods to the construction team

1.3.3 Operation Phase

During operation, TANESCO will be monitoring the functioning of the power transmission line as require, taking corrective actions in case of accidents and emergencies. Most positive benefits associated with the project are anticipated to occur during this phase.


9

CHAPTER 2

OBJECTIVES AND METHODOLOGY

2.1 Objectives of the Resettlement Action Plan

This RAP is prepared in accordance to the provisions of the Resettlement Policy Framework ( RPF) with some additional measures to be responsive to the demands of the affected communities since the detailed census and socio-economic study was conducted after the preparation of the RPF. The main objective of this Resettlement Action Plan (RAP) is to provide an agreed plan for the resettlement and compensation of persons affected by the implementation of the Iringa –Shinyanga Backbone power transmission line project. The RAP provides a road map for resolving displacement, resettlement and compensation issues. Specific objectives for this RAP in accordance with the provisions of the RPF are to:

Develop mitigation measures to ensure that the affected persons are not worse off as a result of the project and at that, at least their livelihoods are restored to that of before the project.

Engage PAPs and communities to gain an understanding of project objectives and impacts. Involve PAPs and other stakeholders in developing a plan for physical relocation and

compensation for lost assets. Provide information that will be used to implement the resettlement plan; and Outline institutional arrangements for the implementation of the RAP

In addition, the proposed resettlement actions and measures will ensure:

The provision of timely and fair compensation, with the ultimate goal to least to restore PAP’s livelihoods to pre-project living standard levels;

To provide necessary assistance for relocation to all PAPs whose property /home will be totally demolished, prior to displacement,

2.2 Methodology and Approaches

2.2.1 Overview

The approach that was used in this RAP was grounded in the principles and processes outlined in the RPF a strong participatory and consultative processes involving different categories of stakeholders2

2.2.2 Specific Methods and approaches.

, as well as physical assessment and valuation of the affected properties. Since this is linear project, consideration was taken in terms of the cumulative effect that might occur in such a linear project, build the mitigation measures in the RAP.

A combination of deskwork review, census and socio-economic study and field visits, with extensive stakeholder participation formed the basis for preparing this RAP: (a) Review of Valuation Report: A review of the valuation report was done in order to reconcile the number of PAPs with the census and socio-economic survey conducted in 2010,

2 Stakeholders include: Project affected people TANESCO, Ministry of Lands, Housing and Human Settlements, Ministry of Energy and Minerals, Ministry of Natural Resources and Tourism, Local Government Authorities (Iringa Municipal, Iringa rural, Mpwapwa,Chamwino, Dodoma Municipal, Bahi, Manyoni, Singida Rural, Singida Urban, Iramba, Igunga, Kishapu and Shinyanga Municipal.), Local communities, NGOs and CBOs. Development partners and TANROADS


10

update the list of PAPs and draw information that constitutes various sections of this RAP. From the valuation document the following information was obtained:

i. The magnitude of loss and replacement costs of affected physical assets (such as residential facilities, perennial crops and trees, commercial properties and compensable land.

ii. Impacted PAPs by individual assets iii. Type and quantity of the community properties that will be affected and estimating

replacement costs for such public or community assets.

(b) Review of available data: Documents such as the Resettlement Policy Framework (RPF), the Environmental and Social Impact Assessment (ESIA) report of 2009, and the Census and Socio -Economic Survey of 2010 were reviewed. The information gathered include;

i. Annual income streams from various sources (primary and secondary sources); ii. Calculation of anticipated impact of expropriation on annual income;

iii. Availability of suitable alternative land; iv. Identification of vulnerable groups that need special mitigation measures; v. Assessment of the impact of displacement on the community and affected persons

Relevant Policies and acts documents that were reviewed include:

• Land Acquisition Act 1967 • Land Act No. 4 of 1999 • Village Land Act No. 5 of 1999 • Land Regulations (Assessment of the Value of Land for Compensation; Compensation

Claims: and Scheme of Regularization) of 2001 • World Bank Operational Policies OP 4.11 and OP 4.12 • African Development Bank policies on resettlement issues

(c) Updating Census and Socio-Economic data. An update of socio-economic data of PAPs that were left out during the 2010 study was undertaken as well as utilizing information from the valuation list for the purpose of accurate identification and documentation of PAPs characteristics

In carrying out this updating of the census, 4,857 questionnaires were administered to get specific information that define and characterize the affected persons’ assets, this was about 80% of affected PAPs considering that questionnaires were administered per household and in some households there were more than one PAPs i.e. a wife and husband can each be owning a separate farm but within the same household. The questions include personal identification, ownership of assets found in the way leave, household income, household size, gender relations and sex, marital status, age, levels of education, type and number of main and secondary occupations and land details such as percentage of land affected in proportion to remaining land area. The census also involved recording any businesses, business trends and incomes, capital and whether the business was formal or informal, , services and assets that an individual provides, which are within the way leave and owned by affected persons.

2.3 Methodology for Undertaking PAP Census and Socio-Economic Profile

The socio-economic survey was undertaken using household questionnaire and village government checklist. Main questions in the questionnaire are as described above. Beside the census and socio-economic survey, reconciliation of census data with valuation reports as well as


11

inventory of valuation of assets was carried out within the core impact areas, which in some cases close to the existing line it covers 70 meters and where the way-leave crosses far from the existing line, the way leave is 90 meters wide. In some areas where initial report indicated a discrepancy in the number of PAPs between the list from the valuation report and the initial socio-economic list, reconciliation was done by taking the valuation report as the most authentic and correct information regarding those particular PAPs..

2.4 Methods of Valuing Affected Assets and Compensation Payments

The calculation of compensation and other resettlement allowances for displaced property owners was based on current practices in Tanzania for valuation and compensation of properties as stipulated under the Land Act, 1999 and Land Regulations, 2001. These laws provide for compensation equivalent to the market value of the affected land, structure or asset (direct comparison method) and standing crops (earnings approach) as determined by the valuation assessments. This approach to valuation is not consistent with the resettlement measures required by the World Bank OP 4.12, which requires that compensation is paid based on the full replacement value (not depreciated) of an asset. In addition, OP 4.12 strongly prefers the replacement of ‘land for land’ where appropriate for all PAPs (including those without title/squatters/encroachers) particularly in rural areas where market values for land and other assets do not exist or are difficult to establish.

In order to meet the requirements for a RAP consistent with OP 4.12, the valuations have been done in compliance with the World Bank policy guidance, in which case the compensation values were obtained from the calculations that were based on Replacement Cost added with allowances. OP 4.12 provides that, if the impacts include physical relocation, compensator must ensure that the displaced persons entitlement includes:

• Relocation or loss of shelter • Moving allowances during relocation • Loss of assets or access to assets • Loss of income sources or means of livelihood, whether or not the affected persons must

move to another location and/or 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 of the old site.

For all affected properties market surveys was conducted to determine current replacement costs such as cost of construction materials, price of buying and selling land, transportation costs, and labour costs at the date of valuation as well as rates of compensating permanent crops. Data was also obtained from PAPs and relevant District authorities. In addition, the Land Act considers the following allowances as part of compensation. Disturbance allowance: This is calculated by applying value of real property by average percentage rate of interest offered by commercial banks on deposits for 12months. The current average rate of the interest obtained on fixed deposits is 5%. Therefore 5 % the total compensation value was calculated and added to the previous total to get the sum total of the disturbance allowance. All PAPs that are illegible for any kind of compensation shall receive a disturbance allowance.

Transport Allowance: Section 179 subsection 11 of the aforesaid Land Act (1999) directs how this allowance is to be assessed: ‘‘Transport Allowance shall be the actual costs of transporting


12

twelve tons of luggage by rail or road (whichever is cheaper) within twenty Kilometers from the point of displacement (i.e. Transport allowance = 12 tons x Actual Cost/ton/km x 20km)”. Transport allowance is computed on the basis of prevailing market rates defining transport costs within an area and is paid only to PAPs with occupied residential/commercial structure.

Loss of accommodation: Section 179 sub-sections 8 of the Land Act (1999) stipulates how accommodation allowance is to derived. The market rent for the building shall be assessed and multiplied by 36 months in order to arrive at accommodation allowance payable. (i.e. Accommodation allowance = Rent/p.m. x 36 months). Accommodation allowance shall be paid only to PAPs loosing occupied residential structures

Loss of Profit: This is provided under Section 179 subsection 9 of the Land Act (1999). The net monthly profit of the business carried out shall be assessed, evidenced by audited accounts where necessary and applicable and multiplied by 36 months in order to arrive at the loss of profits payable. (i.e., Loss Profit = Net profit/p.m. x 36 months). Under this RAP, the owners of businesses will be compensated for the loss of profit regardless of having an audited account. Various approaches were used to ensure that all PAPs with affected properties are involved during census and valuation exercise, however in cases that PAP was not available, either leaves far from project area or has traveled for various reasons, the village government officials in collaboration with family members identified by the PAP or the village government, represented the affected PAP. In rear cases if there was no representative from the PAPs family, then a representative from the Village government represented the PAP and therefore properties valuated. Therefore, valuers ensured that no plot/property was left without being evaluated.

2.5 Disclosure of the Resettlement Action Plan

Project implementers as well as all lenders relevant to this project will approve the final RAP. The approved RAP report will be available and disclosed at a place accessible to the PAPs. The RAP will be available to the public at the following places:

• TANESCO Head Quarter and TANESCO Office in all Regions traversed by the transmission line. Ministry of Energy and Minerals and TANESCO websites.

• Offices of the Municipal and District Executive Directors traversed by the project • Offices of the Ward Executive Officers (WEO) and Village Executive Officers (VEO) of

each affected Village or Community traversed by the transmission line • World Bank info shop

• Websites of all Lenders The executive summary providing information about the type of affected people, impacts and the entitlement matrix will be translated into Kiswahili and distributed to the affected communities.


13

CHAPTER 3 CATEGORIES OF AFFECTED PEOPLE AND ASSET

IDENTIFICATION OF IMPACTS AND MEASURES TO MINIMIZE RESETTLEMENT

3.1 Project Affected

• Project affected persons, with formal title, who lose all or part of their land; • Project affected persons, with formal title, who have immovable property on the land to

be expropriated; • Project affected persons with formal title over businesses that are affected by the loss of

all or part of the land on which the businesses are located; • Project affected persons with formal title over animal husbandries and agricultural

processors that are affected by the loss of all or part of the land on which they are based; • Project affected persons with formal title of tenancy on private or public land; • Project affected persons with formal title over land, that will be needed during

construction on a temporary basis; • Project affected persons without formal title on affected land or businesses but their

livelihoods are directly dependent on the affected land or businesses (e.g., those working on affected agricultural land or working in the affected businesses); and

• Project affected persons without formal title of ownership or use but who have established usage of public land by investing in immovable objects, crops, woods, trees, fruit bearing trees, vineyards, the age of crops, and the time needed to reproduce them.

• Vulnerable groups

3.2 Project Impact: Activities that Will Lead to Resettlement Impact

The planned development of the 400kv Iringa–Shinyanga Backbone power Transmission line will have resettlement impacts arising from the following project activities:

3.2.1 Workers’ Camps and Access Road

During the construction phase, temporary workers’ camps and access roads will be established. For most of the line, existing access road serving the 220kV line will be used thus minimizing the need for new access road. However, where there is no access road, the contractor will be required to create one for the purpose of reaching specific project sites in the 400Kv line. The technical requirement is for a camp to serve a segment of 100km split. In this project 7 camps will therefore be established. Considering that the contractor has not identified where camps will be located or where new access roads will pass, the cost for compensation of land to be affected by these camps and the new access roads should form part of the contract to the contractor. The project implementer should ensure that all PAPs to be affected in this establishment are compensated as per this RAP report

3.2.2 Way leave establishment

The way leave corridor includes land set aside for the transmission line and associated facilities, land needed to facilitate maintenance, and to avoid risks of fires and other accidents. The proposed transmission line to be erected will utilize part of the existing 60 m way leave of the 220 kV transmission line from Iringa to Shinyanga therefore reducing the corridor width.


14

Figure 3.1: Size of the Way-Leave

220 kV

400 kV

220+400 kV

45 m

130 m

30 m

60 m

90 m

55 m

3.2.3 Substations

For the erection of the new 400 kV line, the existing land area of the current substations will be used- i.e., for the Iringa substation, at Igumbilo, Dodoma substation at Zuzu and Singida substation at Misuna. For the Shinyanga substation, the current land for the substation is not sufficient to accommodate the expansion; therefore TANESCO has acquired more land for this purpose in Ibadakuli village. A total of 12acres have been acquired, all PAPs affected by the expansion of the substation have been incorporated in the valuation reports in this RAP.

3.3 Categories of Impacts

This section provides details of the categories of impacts and census of PAPs and assets that will lead to economic loss and/or physical displacement and resettlement. The section also provides a conclusion with a summary of the total magnitude of loss identified through the census.

3.3.1 Impacted assets / uses

The project will affect 303,490 assets eligible for compensation of which 1,229 are residential structures, 3 are commercial structures, 77 annexed structures (such as septic tanks, water tanks, or fences), 47 are public/community assets, 294,149 permanent crops 5,690 farms/land (about 6000 ha) ,57 unfinished structures and 2,202 graves (Table 3.1).


15

Table 3.1 Project Impacted Assets and PAPs

Location/ District

Affected assets PAPs

Res

iden

tial s

truc

ture

s

Com

mun

ity/ P

ublic

st

ruct

ures

Com

mer

cial

stru

ctur

es

Ann

exed

stru

ctur

es

(Sep

tic/ w

ater

tank

s, fe

nce)

Perm

anen

t cro

ps +

tree

s (P

ublic

& P

riva

te)

Aff

ecte

d fa

rms (

Lan

d)

Aff

ecte

d un

finis

hed

stru

ctur

es

Aff

ecte

d gr

aves

Tot

al P

APs

Iringa urban 20 2 0 0 3,916 261 10 177 268 Iringa rural 60 5 2 0 979 325 0 290 521 Mpwapwa 68 14 0 0 294 252 1 197 491 Chamwino 40 6 0 0 262 432 4 11 481 Dodoma urban 129 10 0 0 29,567 845 6 61 1,011 Bahi 48 10 0 0 1,179 321 1 67 395 Manyoni 101 19 1 29 5,953 553 8 253 553 Singida urban 144 2 0 15 113,172 420 6 303 420 Singida rural 258 3 0 28 52,456 612 4 507 612 Iramba 170 8 0 5 51,976 641 6 203 641 Igunga 96 2 0 0 13,764 431 10 36 339 Kishapu 43 1 0 0 7,955 285 0 47 286 Shinyanga urban 52 1 0 0 12,676 312 1 50 35 Total 1,229 83 3 77 294,149 5,690 57 2,202 6,053

3.3.2 Loss of Productive Land and Resources

The proposed power transmission line will result in loss of land for agriculture, grazing and settlement. The most commonly cultivated crops in project-affected areas are maize, sorghum, beans, millet, paddy, cotton, and sunflower. Similarly, cattle, goats and sheep are grazed in all project-affected areas. In other areas such as Kisima village, the proposed project will affect a wetland that has a potential for cultivating food and cash crops all year round. A total of 5,690 parcels will be affected; on average each PAP is losing one acre and therefore an estimated 6,000 acres will be affected by the project. All PAPs that will have their land lost to the project will receive the following compensation

• Compensation of the land according to the market value • Disturbance allowance for loss of land, house, etc.

3.3.3 Loss of Structures

There are several structures in the way leave that will be affected by the project. All PAPs, whose structures are affected will be able obtain alternative land to construct another houses within their locality since alternative land is available within the villages in the way leave to accommodate those PAPs that will be affected. The majority of houses to be affected are common traditional structures made of mud and thatch. However, there are also a few houses built with corrugated iron sheets, cement blocks or burnt bricks, found largely in urban areas, which will be affected by the proposed project. Land shortage is mainly in urban areas such as


16

Mkonze in Dodoma Municipal and Misuna in Singida, however there is a minimal impact in such areas to cause any major concern. In such scenarios, the respective Municipals in collaboration with TANESCO will assist PAPs to find replacement land by identify new resettlement plots/ that are within the District and with all necessary social services. There are mainly three categories under this impact that include:

3.3.4 Residential structures

The project will result in the demolition of 1,229 residential houses of which 60% are traditional structures made of mud and thatches and 40% of the affected houses are relatively modern structures made of burnt bricks with corrugated iron sheet as roofing materials and located on relatively medium-sized plots. The residential structures are used for various functions including family residence, tenants use, or multiple-use including family, tenants and/or a business.

PAPs loosing residential structures are entitled to the following compensation; • Compensation of the residential structure according to the type of structure and based on

market value without calculating depreciation • Compensation of land where the structure is located according to the market value of

land in the area • Loss of Accommodation allowance that is paid as per price of renting a similar structure

per month for 36months (3 years). • Transport allowance calculated to transport goods weighing 12tonnes at a distance of 20

kilometers in that particular area • Disturbance allowance which is calculated at 5 % (based on commercial banks current

interest rate) of the total compensation amount

Figure 3.1: Residential houses to be affected by the project

3.3.5 Commercial Structures

A total of three commercial-only structures will be demolished. The commercial structures are in Iringa rural (2) and Manyoni District (1). In addition, among the residential structures discussed above, among them there are structures that combine residential and businesses. The


17

businesses are grocery shops, tailoring mart and food vendors. The project will result in the demolition of the structures, thus leading to disruption of income-generating activities and affect PAPs and their families and employees who are directly dependent on the businesses for their livelihoods.

PAPs loosing commercial structures will be compensated as follows: • Compensation of the commercial structure according to the type of structure and market

value without calculating depreciation • Compensation of land where the structure is located according to the market value of the

area • Loss of profit allowance that is obtained from the affected business per month paid for

36months (3 years) paid as per price of renting the similar structure per month for 36months (3 years).

• Transport allowance calculated to transport goods weighing 12 tonnes at a distance of 20 kilometers in that particular area

• Disturbance allowance which is calculated at 5 % (based on commercial banks current interest rate) of the total compensation amount

3.3.6 Annexed structures

Demolition of outer structures and services such as fences, stores, barns, livestock pens, toilets and kitchens will result in loss of household basic services that individuals, family or enterprises depend upon for sanitation, security and general well-being. However, such demolition will not necessitate physical relocation of PAPs or demolition of the whole main structure. Annexed structures in this RAP are counted separately from the main buildings.3

• Compensation of the annex structure according to the type of structure and market value without calculating depreciation

A total of 77 annex structures will be affected (Table 3.1), in addition, 57 unfinished structures were identified. In this RAP, PAPs with annexed structures are entitled to the following compensation

• Compensation of land where the structure is according to the market value • Disturbance allowance which is 5-6% of the total compensation amount

3.3.7 Loss of Community and Public Structures and entities

Although the demolition of community entities will not lead to physical relocation of individuals or the whole community, it will disrupt community services and social networks. Community structures serve the communities living adjacent to the RoW in various ways. The public/community properties include structures and land that are publicly owned and controlled, e.g. by central or local government authority, such as a schools, health facilities or sports field. There are also privately own facilities but serving larger, community purpose, such as a places of worship, a private health clinics or a private schools.

Compensation for public and private community properties will be provided according to preference of the owners. In this project and this RAP, the government as the owner of some public/community properties has opted for in-kind compensation; while for private community properties such as houses of worship/mosques/churches, private schools, the owners have opted 3 While counted separately, their compensation value is reported together with main structures in the Compensation Schedule


18

for cash or in-kind compensation that will be provided consistent with the principles governing compensation of other properties as described above. For those PAPS opting for in-kind compensation, they prefer that the project builds for them the same facility to offer community services before demolition takes place, for such structures TANESCO has agreed to build or replace all the assets affected by the project prior to implementation of the project and with collaboration with the relevant authorities but TANESCO will encure all the cost that include construction and land acquisition. For other assets under this category, for example, permanent crops and land, the owners have opted for cash compensation that follows the general principles for compensating others PAPs for such losses. The budget for this activity is included in the compensation table I (extracted from compensation schedules) and the value has included the replacement cost of the said infrastructures.Local communities in collaboration with their governments will identify preferred locations for relocating the affected community assets and that the contractor and project implementer should ensure that the affected assets (mainly if it is a structure) is first replaced prior to demolition of the existing one.

Figure 3.2: Village office to be affected by project in Manyoni District

Figure 3.3: Water Pumping Station and associated infrastructures to be affected by the project


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Table 3.2 Public/Community Compensable4

DODOMA REGION

Assets Affected by District

S/N Name of district Name of village Type of properties affected

1

Mpwapwa

Kisima - Village land - Water well (2) - Village graves (5)

2 Chipogolo

- Village land ( 2 ) - RC water well - Village graves (5)

- Anglican Church Land

- RC Church Land - Mosque Land

3

Chamwino

Fufu - Village land 4 Manzase - Village land

5 Mloda - Village land

6 Mlowa - Village land - Water well (1)

7

Dodoma Urban

Nkulabi - Village land

8 Mpunguzi - Village land

9 Matumbulu - Village land

10 Mkonze - Village land ( 2 )

11 Michese - Village land

12 Zuzu - Village land

13 Mbwanga - CDA land

14 Nala - Village land

15 Msembeta - Village land

16

Bahi

Mpamantwa

- Anglican Church Land

- Anglican Church building - Village water well - Village land

17 Ibihwa - Anglican Church Land

- Anglican Church building

18 Bahi - RC Church Land

- RC Church building - Village land

19 Uhelela - Village water well

20 Nagulo bahi - Village land SINGIDA REGION

S/N Name of district Name of village Type of properties affected 21 Iramba Tumuli Class room buildings and land 22 Maluga Church

4 Compensable is defined to mean compensable according to the Valuation Report and Compensation Schedule.


20

23 Kyengege Village land 24 Kitukutu Village land 26 Kizonzo Class room buildings and land 27 Mseko Village land 28

Manyoni

Lisilile Water tank, church and village land 29 Maweni Water well, church, village land 30 Chibumagwa Village land 31 Mtilemoyoni Village land 32 Solya Village land 33 Mdunundu Village land 34 Mwanzi Village land, mosque and water pump 35 Mitoo juu Village land 36 Singida urban Mtipa Mosque 37 Manga Church 38

Singida Rural Nkuninkana Mosque

39 Msisi Church 40 Ntondo Mosque

IRINGA REGION S/N Name of district Name of village Type of properties affected

41 Iringa Municipality Igumbilo

1-Land 1-Water tape point 1-Building foundation

42

Iringa district

Makatapora 2Water wells 43 Migori 1 Fence 44 Igingilanyi 1 Public Water tape point 45

Mtera 2 Public water tape point TABORA REGION

S/N Name of District Name of Village Type of properties affected 46 Igunga Mgongolo 1. Church

SHINYANGA REGION S/N Name of District Name of Village Type of properties affected 47 Kishapu Mwajiginya 1. Village office

3.3.8 Impact on Permanent Crops/Trees

The land under the proposed transmission line is used by local people to grow various permanent crops. Permanent crops include those that take more than a year to reach full maturity and can be harvested over a long period of time. These include sisal, grapes, fruit trees, banana trees and timber and shades related trees. A total of 294,149 permanent crops will be affected. PAPs with standing crops and trees on their farms and plots within the defined Way-Leave are also entitled to compensation. Each tree is counted and compensated according to its market value and age of maturity. For instance, a mango tree that is fully matured and producing fruits is compensated 100% of the compensation rate of the tree (see annex VI for price list).

PAPs loosing permanent crops are entitled to the following compensation • Compensation of value of each crop/ tree according to the market value and level of

maturity, which is the values of the crop harvest each year time the number of years the tree matures.

• Compensation of land where the crops are grown according to the market value • Disturbance allowance


21

3.3.9 Impact on Seasonal Crops

Seasonal crops are mainly those that take less than six months to reach total maturity that allows them to be fully harvested and the land cleared. These crops include maize, cassava, paddy, vegetables, sunflower, pumpkins, sweet potatoes and beans. In this RAP, 5,690 farms that grow seasonal crops will be affected. These include - 261 farms in Iringa Urban, 325 farms in Iringa Rural, 252farms in Mpwapwa district, 432 farms in Chamwino, 845 farms in Dodoma Urban, 321 farms in Bahi district, 553 farms in Manyoni district, 420 farms in Singida Urban, 612 farms in Singida Rural, 641 farms in Iramba district, 431 farms in Igunga district, 285 farms in Kishapu district and 312 farms in Shinyanga Urban that are all in the RoW (Table 3.1).

PAPs with seasonal crops on these farms are allowed to harvest their crops and they will not be compensated for the loss of such crops but for the land they are losing, however, in order to prevent any financial impact or loss of harvest of the crops, notice must be provided to all PAPs with seasonal crops within the Right-of-Way to alert on when to stop cultivating once the crops have been harvested and compensation for land has been paid.

PAPs loosing seasonal crops are entitled to the following compensation • Harvesting of the crops • Compensation of land where the crops are grown according to the market value • Disturbance allowance

3.3.10 Loss of Cultural and Archaeological Property

A total of 2,202 graves in the Row will be affected and therefore, they will have to be relocated prior to construction of the transmission line. Local cultures and beliefs in the project area allows relocation of graves to be if that is done according to prevailing cultures and norms. . Compensation will be paid for expenses related to the relocation of graves. Such expenses include cost for ceremonies and labour in connection with exhumation and reburial. The processes of relocating the graves will be participatory and take into account PAPs cultures and values. Where graves that would be adversely affected by the Project need to be exhumed and reburied at an appropriate alternative locations, rituals and ceremonies will often need to be conducted. In this project PAPs with graves that will need to be relocated will be compensated ceremonial cost and cost of relocation; which range from Tshs 500,000 to Tshs 600,000.00 for each grave.

Figure 3.4: Graves to be affected by the project


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3.3.11 Other impacts

Other impacts may affect people by temporary damage to their land and property during construction. These can include unforeseen actions or simply accidents such as damage to nearby crops, fruit trees or infrastructure caused by movement of machines. Whenever an unintentional impact occurs, during construction, the contractor will be responsible for meeting remedial costs. The budget for these expenses must be included on the original budget the contractor will submit for agreement with the client.

Table 3.3 Entitlement Standards for the PAPs with Fixed Assets

TYPE OF LOSS Unit of Entitlement

ENTITLEMENTS Compensation for Lost

Assets Transport Allowance Other Assistance

Loss of Land Household/Public

Compensation at Market value - Disturbance

Allowance (5% of total compensation value

Loss of residential structures

Households Compensation at replacement value Equivalent to

transporting 12 tons of goods for a 20 km. distance price determined by area

Disturbance Allowance (5% of total compensation value Accommodation Allowance (cash money to rent the same structure per month x 36 months)

Loss of commercial structures

Enterprise owners

Compensation at replacement value

Equivalent to transporting 12 tons of goods for a 20 km. distance price determined by area

Disturbance Allowance (5 % of total compensation value

Loss of profit Allowance(profit of the business per month x 36months)

Loss of permanent crops and trees

Household Compensation at market value per crop depending on rate of maturity of the crop

Disturbance Allowance (5% of total compensation value

Public/community structures

Affected public or private entity

Compensation at replacement value or constructing the affected asset as per agreement

Equivalent to transporting 12 tons of goods for a 20 km. distance price determined by area if a structure is involved

Disturbance Allowance (5% of total compensation value


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3.4 Magnitude of Loss

Table 3.4 below, indicates the type of assets or use that will be affected during implementation of the 400kV power transmission project. The number of assets that must be relocated, with or without relocation of PAPs, is also indicated. Tables 3.1 and 3.2, shows the numbers and types of assets that will be affected by location.

Table 3.4 Magnitude of Loss Affected Category (Individual fixed asset, seasonal agriculture and mobile enterprises)

No. of Assets Summary of Impacts/Loss

Compensable assets5 Farms (Land) 5,690 (number of

farms/plots (6000 ha) Permanent loss of land and land uses

Residential structures 1229

Permanent loss of structure/Loss of accommodation/Displaced person that needs to relocate i..e., physical relocation

Permanent crops and trees

294,149(number of permanent crops/trees)

Temporary loss of food sources and/or income or profit when permanent crops/trees are removed and PAPs are re-establishing new farms for the same crops

Annexed structures 77 Loss of house support services, e.g., , sanitation/security/ business premises

Commercial structures 3 Total loss of commercial structure/ permanent loss of income/profit

Public/Community structures 47

Temporary loss of social services, social structure/social network are weakened

Total compensable assets 301,314

3.5 Measures to Minimize Resettlement Impact During Planning

Measures adopted during project design and planning to minimize the project’s negative impact on residents included adjusting the alignment of the transmission line to avoid impacts in areas where either culturally sensitive assets (e.g., graveyards) or large numbers of existing assets mainly those used by communities such as schools and water facilities.

Measures to minimize where considered during ESIA and visibility/technical studied that were under taken in 2008/09 by TANESCO and DECON/IRA, similarly, consultation with stakeholders was also undertaken in order to seek their views and suggestions on the best options to be followed that would reduce project impacts. The details of measures adopted to minimize resettlement impacts are as follows:

Route selection: During the route selection exercise in July 2008/9, the overhead line alignment was carefully selected to avoid impact on the local population and their assets. Particular sensitivity was paid to built up areas and graveyards. An evaluation of potential resettlement impacts associated with different options for locating the new power-lines was carried out during project feasibility work, resulting in the current designated RoW, which is considered to have


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fewer cases of resettlement than all other options that were considered. For instance at Mtera-Staff village, the studies managed to diversify the route to avoid the built up village centre that would have impacted about 170 residential structures, currently less than 10 houses will be affected in the village. Route selection has enable the project to avoid impact on community infrastructure that could have otherwise be impacted by the proposed project, for instance at Nala village in Dodoma Region, another route was selected that move the new line by about 1km from the existing line in order to avoid community assets such as a water tank, court and health centre facilities.

a) Confining most of the activities within TANESCO RoW: Currently there is an existing 220kv transmission line from Iringa to Shinyanga that has a 60m width way leave. To a significant distance the proposed line will run parallel to the existing line and therefore utilizing part of the existing way-leave for the new project. This has enabled the project to minimize impact to local population and their assets particularly in built up areas such as those of Kisaki in Singida Region.

3.6 Willingness to Relocate

Based on detailed consultation with the affected population it appears that the majority of PAPs in the project site have expressed their willingness to relocate should they receive prompt and fairly compensation. About 96 % of the individuals that will be affected by the project are willing to relocate to any site closer to the current locations.. However, 2.5% indicated that they are not ready to relocate, as they fear that they may not fairly compensated as shown in the table 3.5 below while the remaining 1.2% of the affected persons indicated lack of knowledge about relocation. PAPs that are ready to relocate within their current homestead and villages have assurance of getting land for settlement, since the majority of them have more than one plot/farm. For others, the affected land/farm is sufficient enough to allow them continue with the social-economic activities without having to suffer greater losses. Table 3.5 : Willingness of the PAPs to relocate.

District Yes No Do not know Total PAPs Iringa Municipal 360 20 9 389

Iringa rural 420 20 7 447

Mpwapwa 370 10 3 383

Chamwino 430 20 3 453

Bahi 255 5 2 262

Manyoni 335 5 5 345

Singida Municipal 430 6 3 439

Singida rural 400 9 0 409

Iramba 460 2 1 463

Igunga 297 6 2 305

Kishapu 152 11 0 163

Shinyanga Municipal 40 1 0 41

Dodoma Municipal 726 8 24 758

Total 4675 123 59 4857


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Percentage 96.3% 2.5% 1.2% 100

Table 3.6: Preference site to relocate

District Within the village

Outside the village area but in the district

Outside the district TOTAL PAPs

Iringa Municipal 237 69 2 308

Iringa rural 308 73 6 387

Mpwapwa 302 64 4 370

Chamwino 352 83 0 435

Bahi 215 23 0 238

Manyoni 291 44 1 336


Singida rural 342 125 0 467

Iramba 413 83 4 500

Igunga 286 60 2 348

Kishapu 120 36 0 156


Dodoma Municipal 652 101 4 758

Total 3917 912 27 4857

Percentage 80.6% 18.8% 0.6% 100%

3.7 Eligibility for Compensation and Resettlement Assistance

Eligibility for compensation is defined in the provisions of the Land Acts and the Land Acquisition Act cited in Chapter 4 of this RAP report. According to these laws, all owners of properties located within the proposed Way-Leave corridor of transmission lines at the time of inspection and valuation will be eligible for compensation. Notices to claim compensation were served to all owners of affected properties along the Way-Leave using Land Form No.14. The "cut-off" date for eligibility for compensation and resettlement measures was determined by the date on which these notifications were served. In this case the cut-off date for this project was 28 September 2010, when valuations activities were completed. The owners or occupiers of the properties completed and submitted Land Form No.15 and agreed upon official valuation of their properties.

3.7.1 Forms of Compensation

To compensate the PAPs for their lost assets, the Project has two options for different payment modalities based on individual’s choice. These are:

i) Cash payments - calculated and paid to compensate for land, assets, or to cover allowances such as disturbance, accommodation, transportation, loss of profit,

ii) In-kind compensation mainly for community/public properties except for permanent crops and land owned by communities or the public, which will be compensated following principles applicable to individual PAPs.


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3.7.2 Compensation for Property of Deceased Persons

Inheritance of property rights are issues that can result in prolonged redress procedures. Under such circumstances the name of the deceased property owner will appear in the Valuation Report and the inheritors will be advised to follow the legal inheritance procedures while claiming the compensation rights. Mechanisms for dealing with various types of grievances include issues of inheritance have been provided in this RAP however, inheritance issues would best be referred to the courts of law for arbitration.

3.8 Cut-off Date

For the 400kV project a census was carried out and the cut-off date was set as 28 September 2010 and communicated to all PAPs during valuation. Any person who undertakes any development activity in the newly demarcated Right-of-Way after the cut-off date will not be eligible for compensation.


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Table IV. 1: Entitlement Matrix Affected Categories Entitlement Loss of land holding (Partial and total loss of land)

5.690 parcels of land (bare land, grazing ground and uncultivated land) that are equivalent to 6000 ha will be affected. To compensate for the loss, (i) offer of replacement land of equivalent productive value in the proximity of the land being expropriated + transfer taxes will be paid or (ii) cash compensation based on the full market price which is equal to the replacement value for land similar to land lost. The market values (price) will be taken as an average sale of equivalent size of farm in the area.

Annexed Structure on the land A total of 77 annexed structures on the land that include barns, septic tanks, kitchen, toilets, shacks, fences will be affected and are entitled for compensation, the compensation for these annexed structure will be Full replacement cost of structure.

Seasonal Crops The transmission line will affect cropland, compensation will include mainly the lose of land, disturbance allowance and PAPs to be allowed to harvest their crops. The compensation of land value includes the investment cost needed for farming the crops.

Permanent crops 294,149 permanent crops will be affected that include fruit, shed and timber trees the compensation will include the land affected and the market value of the crop depending on the maturity. Example full maturity 100% of the value of the tree. This calculated by the value of yearly early crop time the years needed for that tree to reach maturity. The compensation of permanent crop value includes the cost of investment to replant the same tree.

Land needed on temporarily bases

All land that will be acquired for temporally activities will be bought or rented in market price for the duration of the use and the structure used as labour’s camps will be returned to the village or district council after completion of the project. If crops loss during the purchase, the owner should be compensated for the crop losses.

Houses A total of 1,229 residential structures will be affected by the project in entire stretch of the way leave. For this loss, full compensation based on replacement cost of a structure in a similar/comparable area plus moving and transition allowance as well as rental allowance calculated for 36month will be paid.

Losses of public or State owned properties

A total of 47 community/public structures that include village office, community hall, party office schools, churches, public water tank, mosques and healthy facilities will be affected in the entire way leave corridor. For these structures provision of the use of other corresponding Public or State owned equivalent property with the rights of a lessee for an unlimited period of time during construction phase, while the compensation will include full replacement of the building of equivalent or higher quality in comparable area.

Business dependent affected people

3 business structures will be affected, for such loss full replacement cost of businesses affected, including the inventory (both audited and unaudited), including compensation for employees and workers on the business or agricultural land will be paid.

Facilities for Livestock and animal husbandry or agriculture processors

Replacement cost in a manner to enable the owners to continue their activities, at the place proposed by the former owner, within his agricultural estate, in accordance with current regulations. In this case one such structure at Puma village will be affected and therefore compensated

Vulnerable groups (affected households with many dependents, household with unemployed head, households with disabled, poor

For this group, if the land is affected, , they will be given additional financial assistance to ensure that they will not be worse off after the project and can restore their livelihoods. The assistance includes helping the vulnerable people to relocate, if the case, and to restore their houses and other structure that they lose as well as providing them with needed advice. A social or


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households community worker will work closely with the vulnerable groups during the RAP implementation. In this project a total of 1,294 people fall in that category. These include 654 elders, 460 widows, 68 divorced, 40 orphans, 46 sick and 26 disabled. TANESCO set aside a budget of Tshs. 382,240,000.00 as assistance to this group.

This matrix will be disseminated in the Project area before appraisal.


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CHAPTER 4 POLICY, LEGAL AND INSTITUTIONAL FRAMEWORK

4.1 Introduction

Several national and international policies and laws have been considered in this RAP and their implications on affected persons and properties taken into account. Some of the laws and policies with which the proposed development will comply include:

4.2 National Policies

4.2.1 National Land Policy, 1997

The main objective of the National Land Policy (URT, 1997) is to address land use needs in Tanzania. The Policy aims “at promoting and ensuring a secure land tenure system, encourage the optimal use of land and to facilitate broad-based social and economic development, without endangering the environment” (ibid: 5). Specific objectives outlined in the Land Policy that are directly related to the proposed development include:

Ensure that existing rights in land, especially customary rights of small holders (i.e. peasants and herdsmen who are the majority of the population in the country), are recognized, clarified, and secured in law

Set ceilings on land ownership that will later be translated into statutory ceilings to prevent or avoid the phenomenon of land concentration (i.e., land being held by a few individuals)

Ensure that land is put to its most productive use to promote rapid social and economic development of the country

Protect land resources from degradation for sustainable development

4.2.2 The Antiquities Policy of 2008

Antiquities Policy 2008 defines Physical Cultural Resources as any tangible material that represent contemporary, historic, and pre-historic human life ways. Section 2.1 points out that already discovered Physical Cultural Resources shall be preserved and conserved in the National Museum of Tanzania as stipulated in Museum Act of 1980. Sections 4.2.1 to 6 elaborates on how other stakeholders including government institutions, private sectors and public should be involved in all activities of conservation and management of Physical Cultural Resources. The proposed line will cross Solya Village near Kilimatinde, Manyoni District, Kilimatinde is well known for the existing Central Slave and Ivory Trade Route that passes in the area as well as an old German Fort in the same area important artefacts however, it should be noted that the proposed line will not affect these important landmarks.

4.2.3 The Cultural Policy of 1997

Section 3.2.1 of the Cultural Policy stipulates that “all land development shall be preceded by Cultural Resource Impact studies. Furthermore, Section 3.1.5 says that “mechanisms shall be established to enable the nation to identify, own and preserve national treasurers e.g. art, objects, natural resources minerals as well as archaeological, paleontological and botanical remains. The Constitution of the United Republic of Tanzania of 1994 Article 9 (c) also recognizes the importance of the management of physical cultural resources. The proposed project will pass through some cultural resources such as graves, which have valuable cultural and religious


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values that communities preserve. It is on this basis that graves that will be affected by the project are relocated following cultural practices of the affected persons.

4.2.4 The Agriculture and Livestock Policy, 1997

The Policy addresses changes that affect the agricultural sector in Tanzania and specifically addresses restrictions to agricultural practices stemming from the National Land Policy of 1996 and the need for agricultural practices to ensure protection of the environment.

4.2.5 Water Policy, 2002

The Policy promotes increased agricultural production. The proposed project will lead to negative impacts on agricultural production by taking up part of the land that is used for farming. In principle, the land puts under the Way-Leave for power transmission becomes wholly owned and managed by TANESCO, for power related uses. No farming, settlement or any other form of land use is permitted on such land. However, in practice cultivation of seasonal crops below the power line is common and TANESCO has rarely enforced the regulations, which prohibit such uses.

The main objective of the Water Policy is to develop a comprehensive framework for sustainable development and management of the nation's water resources and to put in place an effective legal and institutional framework for its implementation (URT, 2002). The Policy recognizes the fundamental, but intricate linkages between water and socio-economic development, including environmental requirements. The Policy expounds on the importance of water in all sectors as well as trans-boundary requirements. Some of the affected assets on the proposed project include water infrastructure that supplies village communities. This RAP addresses water supply and availability issues and proposes changes where water sources or distribution points are in danger of being negatively affected by the proposed development. Similarly, the RAP looks at provision of water to relocated communities as one of the basic social services needed in relocation areas and a mechanism to reduce the negative effect of the project on the affected persons.

4.2.6 National Energy Policy, 2003

The main objective of the Energy Policy is to improve the welfare and living standards of Tanzanians by ensuring there is sufficient and reliable energy for socio-economic development purposes. The Policy aims to provide input into the development process of the country by establishing a reliable and efficient energy production, procurement, transportation, distribution and end-use system. However, Tanzania still faces major problems regarding energy, only about 16% of the population are connected to the national grid, while majority use fuel wood as their main source. The proposed development for 400kV is aimed at supporting energy policy requirements and this RAP has addressed impacts that are associated with the development of the 400kV power line.

4.2.7 National Human Settlements Development Policy (NHSDP), 2000

The overall objective of the Policy is to promote the development of sustainable human settlement and to facilitate the provision of adequate and affordable shelter for all people. The policy outlines objectives including environmental protection within human settlements and protection of natural ecosystems against pollution, degradation and destruction. The proposed development will result in the demolition of some accommodation facilities and this RAP notes the implication of resettling people in the project areas and proposes mitigation options, including compensating those who will loose their houses.


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4.2.8 The Tanzania Development Vision, 2000-2025

Composite Development Goal for Vision 2025 foresees the alleviation of poverty through improved socio-economic opportunities, good governance, transparency and improved public sector performance. The thrust of these objectives is to attain a sustainable development of the people. The Vision 2025 seeks to mobilize people, the private sector and public resources towards achieving shared goals and achieving a sustainable semi-industrialized middle market economy by year 2025. The increased supply of electricity is aimed at increasing the power supply to enable development to take place and therefore, to contribute to realization of the Vision 2025.

4.3 International Policies and Guidelines Relevant to this RAP

4.3.1 The World Bank Operational Policy 4.12

The proposed development of 400kV power line has triggered World Bank OP 4.12 on Involuntary Resettlement. This policy aims at ensuring that PAPs are compensated, assisted in resettlement and in their efforts to improve their livelihoods and standards of living.. According to the World Bank OP 4.12, involuntary taking of land may result in:

Relocation or loss of shelter; Loss of assets or access to assets; or Loss of income sources or means of livelihood, whether or not the affected persons must

move to another location; or The involuntary restriction of access to legally designated parks and protected areas

resulting in adverse impacts on the livelihoods of the displaced persons

With regard to involuntary resettlement, the World Bank OP 4.12 notes that :

Involuntary resettlement should be avoided where feasible, or minimized, exploring all viable alternative Project designs;

Where it is not feasible to avoid resettlement, resettlement activities should be conceived and executed as sustainable development programs, providing sufficient investment resources to enable the persons relocated by the Project to share in Project benefits. Relocated persons should be meaningfully consulted and should have opportunities to participate in planning and implementing resettlement programs;

Relocated persons should be assisted in their efforts to improve their livelihoods and standards of living or at least to restore them, in real terms, to pre-displacement levels or to levels prevailing prior to the beginning of Project implementation, whichever is higher.

The World Bank Operational Policy 4.12 (paragraphs 15 and 16) recognizes that while non-landowners may have no right to compensation for the loss of land that they are occupying, they should be provided with certain resettlement measures, provided that they occupy the project area prior to a specified cut-off date. Such measures include compensation of crops or assets on land only excluding compensation of affected land, where appropriate to ensure that their livelihood is at least restored or improved regardless of ownership. Table 4.1 below provides a comparison of Tanzania Law and World Bank O.P 4.12 regarding Compensation.


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Table 4.1: Comparison of Tanzanian Law and World Bank Op 4.12 Regarding Compensation

Category of PAPs and Types of Loss of Assets

Tanzanian Law World Bank OP 4.12

Land Owners Cash compensation based upon market value under statute or Land for Land, disturbance and transport allowances, loss of profits or accommodation, cost of acquiring or obtaining the said land, any other immediate costs or capital expenditure on the development of the said land. Compensation must be prompt with delays incurring interest at market rates.

Recommends land-for-land compensation. Other compensation is at replacement cost.

Land Tenants Entitled to compensation based on the amount of rights they hold upon land under relevant laws. Illegal tenants not entitled to compensation

PAPS are entitled to some form of compensation regardless of the nature of their occupancy (legal/illegal)

Land Users In some cases land users have some form of secured tenure extended to them under new laws. In other cases land users are not entitled to compensation for land. Entitled to compensation for crops and any other economic assets.

Entitled to compensation for crops, may be entitled to replacement land and income must be restored to at least pre-project levels.

Owners of Temporary Buildings

Cash compensation based on valuation, disturbance allowance or entitled to new equivalent structure based on market value.

Entitled to in-kind compensation or cash compensation at full replacement cost including labour and relocation expenses, prior to displacement.

Owners of Permanent buildings

Cash Compensation is based on market value or cost of putting up equivalent structure at the time of valuation. Disturbance allowance.

Entitled to in-kind compensation or cash compensation at full replacement cost including labour and relocation expenses, prior to displacement.

4.3.2 The World Bank OP 4.11 Physical Cultural Resources

The objective of this policy is to assist borrowing countries to avoid or mitigate adverse impacts on physical cultural resources from development project the Bank finances. In addition, it states that the impacts on physical cultural resources resulting from project activities including mitigating measures may not contravene either the borrower’s national legislation or its obligations under relevant international environmental treaties and agreements. Paragraph 9 provides the guidance for preparing physical –cultural resource management plans and also chance finds procedures. This RAP has addressed physical-cultural resources, associated with the project, including the removal of the graves found in the way-leave.

4.3.3 African Development Bank Involuntary Resettlement Policy 2003

The primary goal of the involuntary resettlement policy is to ensure that when people must be displaced they are treated equitably, and that they share in the benefits of the project that involves their resettlement. The objectives of the policy are to ensure that the disruption of the livelihood of people in the project’s area is minimized, ensure that the displaced persons receive resettlement assistance so as to improve their living standards, provide explicit guidance to Bank staff and to borrowers, and set up a mechanism for monitoring the performance of the resettlement programs. Most importantly, the resettlement plan (RP) should be prepared and


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based on a development approach that addresses issues of the livelihood and living standards of the displaced person as well as compensation for loss of assets, using a participatory approach at all stages of project design and implementation. This RAP reflects the basic tenets of the ADB Involuntary Resettlement Policy.

4.4 Laws and Regulations

There are several legal and regulatory frameworks, which are relevant to the proposed project. The legal and regulatory framework provides the various legal aspects that must be adhered to as throughout the life of the project.

4.4.1 The Land Act, 1999

The Land Act (Act No. 4 of 1999) provides basic legal requirements in relation to land other than village land, the management of land, settlement of disputes and related matters. Tanzanian land falls under three categories, namely:

Reserved Land. This is land set aside for wildlife, forests, marine parks, etc. The manner in which these areas are managed is explained in the laws that protect each sector (e.g. Wildlife Conservation Act, National Parks Ordinance, Marine Parks and Reserves Act, etc.). Specific legal regimes govern these lands under the laws used to establish them.

Village Land: This land includes all land inside the boundaries of registered villages, where the Village Councils and Village Assemblies are given power to manage. The Village Land Act (Act No 5 of 1999) gives the details of how this is to be done.

General Land: This is land, which is neither reserved nor belongs to the village and is therefore managed by the Commissioner for Land. The Land Act governs this land

The Land Act of 1999 provides the basic law and principles in relation to land other than the village or reserved lands, the management of such land, settlement of disputes and related matters. Since some of the areas where the Right-of-Way passes are on public lands, this Act is relevant in so far part of the public land will be affected.

The Land Act seeks to achieve the following objectives:

To ensure that existing rights in and recognized longstanding occupation or use of land are clarified and secured by the law

To facilitate an equitable distribution of and access to land by all citizens To regulate the amount of land that any one person or corporate body may occupy or use To ensure that land is used productively and that any such use complies with the

principles of sustainable development.

Of importance for this RAP is the application of the concept that land has value and this is taken into consideration in any land-affecting transaction. The Act demands that any person or institution whose right of occupancy or recognized long-standing occupation or customary use of land is revoked or otherwise interfered with to their detriment should be paid full, fair and prompt compensation. In addition, the Land Act (Section 151) states that the Minister "may create rights of way which shall be known as public rights of way" to serve for the purpose of the proposed development. Regarding the application for a Way-Leave the Act establishes that:

Except where the Commissioner is proposing of his own motion to create a Way-Leave,


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an application from any ministry or department of Government, or local authority or public authority or corporate body shall be made to the Commissioner;

The applicant shall serve a notice on:

All persons occupying land under a right of occupancy over which the proposed Way-Leave is to be created, including persons occupying land in accordance with customary pastoral rights

All Local Government Authorities (LGA) in whose area of jurisdiction the proposed Way-Leave to be created is located

All persons in actual occupation of land in an urban and peri-urban area over which the proposed Way-Leave is to be created

Any other interested person

Section 156 of the Act requires compensation to be paid by non-governmental corporate bodies, institutions or groups of persons to any person for the use of land of which he/she is in lawful or actual occupation. These include:

Any damage suffered in respect of trees, crops, and buildings Damage due to surveying or determining the route of that Way-Leave and Acquisition of land for the purpose of a Way-Leave

This RAP has addressed the various provisions of the Land Act in order to comply with the legal requirements.

4.4.2 Village Land Act No. 5 of 1999

The Village Land Act No. 5 of 1999 (URT, 1999) governs village land and all matters related to land tenure under the Village Councils. Most of the land that will be affected by the project belongs to Village Land and therefore falls under this Act. Section 8 (1), (2) and (3) of the Village Land Act empowers the Village Council to manage all village lands in accordance with the principles of a trustee with the villagers being the beneficiaries. The right of the individuals to the land must be recognized and respected and development should not take more than the land it needs for that particular development. This RAP recognises the rights of individuals owning the land through customary rights, which is recognized and legally accepted, land right. Those individuals constitute the PAPs requiring full and fair compensation.

4.4.3 The Antiquities Act No. 10 of 1964 and Amendment No. 22 of 1979

An Act to provide for the preservation and protection of sites and articles of Paleontological, Archaeological, Historical or Natural interest and for matter connected therewith and incidental hereto. Under section 10, sub section (1) of the Antiquities Act (discovery of a relic or monuments) states that “any person who, discovered a relic or monument, or any object or site which may reasonably be supported to be a relic or monument, in Tanzania, otherwise in the course of a search or excavation made in accordance with a license granted under section 13, and the occupier of any land who knows of any such discovery on or under such land, shall forthwith report the same to the administrative officer, the conservator or the curator of the museum.

4.4.4 The Graveyard Removal Act (No. 9 of 1969)

Subject to the provisions of this Act under section 3, “where any land on which a grave is situated is required for a public purpose the Minister may cause such grave and any dead body buried therein to be removed from the land and, in such case, shall take all such steps as may be


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requisite or convenient for the re-instatement of the grave and the re-interment of the dead body in place approved by him for the purpose”. The various graves found on the way leave will be removed based on this law and the land laws described above.

4.4.5 The Land Regulations, 2001

The Land Regulations provide guidance on the issue of compensation, which is directly relevant to the proposed development. According to Section 10 (1) of the Land (Compensation Claims) Regulation 2001, compensation shall take the form of:

Monetary compensation Plot of land of comparable quality, extent and productive potential to the land lost A building or buildings of comparable quality, extent and use comparable to the building

or buildings lost Plants and seedlings Regular supplies of grain and other basic foodstuffs for a specified time

The Regulation defines the basis for calculating compensation or any land being the market value of such land. The assessment of the value of land and any improvements will be done by a Qualified Valuer and verified by the Chief Valuer of the Government or his/her representative.

In addition, the Regulation defines affected persons that are eligible for compensation/resettlement if some of their properties are affected by a proposed development:

Holder of right of occupancy Holder of customary rights and who is moved or relocated because his/her land becomes

granted to another person Holder of land obtained as a consequence of disposition by a holder of granted or

customary right of occupancy but which is refused a right of occupancy Urban or peri-urban land acquired by the President

Any affected person not satisfied with the compensation process, may seek redress from the High Court

4.4.6 The Land Acquisition Act of 1967

The Act (Act No. 47 of 1967) repealed and replaced the Land Acquisition Ordinance, to provide for compulsory acquisition of land for public purposes and in connection with housing schemes. The Act is also relevant in cases that are not related to housing schemes. Part II of the Act refers to issues related to compensation and procedures that have to be followed when land is acquired. These procedures are also outlined in the Regulation for the Land Act and include issues of fair and prompt compensation to affected persons. This RAP is also addressing requirements from this law.

4.4.7 The Land Disputes Courts Act No. 2 of 2002

Every dispute or complaint concerning land shall be instituted in the Court having jurisdiction to determine land disputes in the given area (Section 3). The Courts of jurisdiction include:

i. The Village Land Council ii. The Ward Tribunal iii. District Land and Housing Tribunal


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iv. The High Court (Land Division) v. The Court of Appeal of Tanzania.

The Act gives the Village Land Councils powers to resolve land disputes involving village lands (Section 7). If the Council fails to resolve the dispute, the matter can be referred to the Ward Tribunal as established by the Land Act (1999) and the Village Land Act. If any dispute will arise because of this Project, the provisions of this Act shall be observed.

4.4.8 The Local Government Act No. 9 of 1982

The Act is an important legal framework for Village Councils and the local government setup as it establishes and regulates District Councils, township authorities and village authorities. An important provision is the sub division of Districts into Divisions and Wards and the establishment of Ward Development Committees. Councillors represent the Wards and form the main component of the district representative team. Ward authorities and Development Committees are empowered to participate in issues of land acquisition and compensation.

4.4.9 Land Use and Spatial Planning

The Town and Country Planning Ordinance of 1961, which regulates the use of land in urban areas, beaches and lakeshores was established to facilitate land use planning schemes. According to the Ordinance, development is not allowed without obtaining a planning consent. it also provides a specific land-use class for ecologically sensitive areas; The National Land Use Planning Commission as per the Land Use Planning Act 2007 is the institution entrusted to coordinate Land Use Planning in Mainland Tanzania. It covers preparation of regional physical land use plans and formulation of land use policies for implementation by the Government. It specifies standards, norms and criteria for the protection of beneficial uses and maintenance of the quality of land. These provisions are relevant to the proposed development especially in urban areas of Iringa, Dodoma, Singida and Shinyanga where power lines and substations will be built. In Bahi, the District Council has prepared an initial Town Master Plan for District Headquarters and some key infrastructures have already started to be built. The RAP has taken into account District Plans to provide for new administrative locations and integrate this aspect in the planning for the power line to avoid damage and conflict to the proposed town planning.

4.5 Institutional Framework

There is no single agency in Tanzania that has the mandate for the planning and providing resettlement and compensation help in cases where people are involuntarily relocated for development project. It is however a common practice that the project proponent assumes the responsibility for delivery of entitlements even though a number of actions may be involved. The implementation of this RAP will comprises several steps involving individual PAPS, affected communities, District councils, Regions and Ministries at national level. Ministry of Lands, Housing and Human Settlements The Ministry of Lands and Human Settlements is responsible for policy, regulation and coordination of matters pertaining to land in Tanzania. The Ministry administers the various Land Acts: Land Acquisition Act, the Land Act and the Village Land Act. Land use planning, management and land delivery activities are conducted by the Ministry.

The Commissioner of Lands administers most issues dealing with land allocation, acquisition, registration and land management. All instances of acquisition of land for public purposes and the need for resettlement and/or compensation must be referred to the Commissioner. With


37

regard to this RAP the Ministry of Land and Human settlement will have to approve the valuation report and compensation schedule that are part of this RAP and it will be responsible in making sure that the amount of money paid to the PAPs is equivalent to the value of affected properties and in line with national policies.

TANESCO The overall responsibility for the resettlement lies in the hands of the government of Tanzania (through TANESCO) under its administrative and financial management rules and manuals. Thus TANESCO will approve all payment upon finalization of the RAP and compensation agreements. TANESCO will also work with District Councils in order to make sure that all PAPs received compensation as described in the compensation schedule. TANESCO will also coordinate the disclosure of RAP to key stakeholders and monitor the RAP implementation. Local Government Authorities (District Councils)

The local government system in Tanzania is based on the decentralization policy and is enshrined in the Local Government (District Authorities) Act No. 7, 1982, the Local Government (Urban Authorities) Act No. 8, 1982, and the Regional Administration Act (1997). Administratively, Tanzania is divided into three levels of local government whereby each level has statutory functions with respect to development planning. The three levels are:

District/Town/City Councils Townships and Wards Village Councils

The District Councils, Town Councils, Municipal Councils, City Councils, and Village Councils are bodies responsible for planning, financing and implementing development programmes within their areas of jurisdiction, as follows:

Municipal/District Land Departments have sections/units for physical planning, surveying, valuation

District functional departments, including Community Development (community mobilization and sensitization) and Environmental Management Offices, act as appendages of national environmental authorities

Land Tribunals (District, Ward levels) handle and resolve land-related disputes and grievances

Various multi-disciplinary, multi-sectoral technical teams and committees of Councillors are responsible for social issues at local government levels

Local government authorities, both the higher level – (District/Municipal) and lower level (Ward/Village/Sub-ward) will be main focal points of activities. The Village/Sub-ward Chairpersons are the representative of the local government at their respective levels. Apart from carrying out his/her normal duties linking the Village/Sub-ward to the District level administration, the Chairperson is also expected to carry out activities related to the resettlement exercise. The Village/Sub-ward Executive Officer is responsible for day-to-day administration activities at this level, also apart from his/her normal duties, and is expected to actively engage in all administration matters related to the resettlement. Any complaints from the Project Affected People will be presented to the Village/Sub-ward offices and then forwarded to the District/Municipal Council Executive Director/District Commissioners. The complaints need to be investigated and agreed to before compensation payments are affected.


38

CHAPTER 5 SOCIO-ECONOMIC SURVEY OF AFFECTED PEOPLE AND COMMUNITIES

5.1 Introduction and Overview

This Chapter describes the socio-economic characteristics of the communities that will be affected by the proposed power transmission line as baseline socio-economic conditions (covering demographic data, social-cultural characteristic, economic activities and social services) to enable resettlement planning and for future monitoring of the achievement of the RAP.

5.2 General Characteristics of the Survey Area

The local communities along the Way-Leave are mainly in rural settings comprising of small-scale farmers, practicing both crop cultivation and livestock-keeping as their main economic activities. Other PAPs, especially those in the urban areas, are engaged in formal and informal employment and business. Although most people, even in the urban areas, practice small-scale farming, their annual production is relatively substantial. Seasonal crops cultivated include sunflowers, maize, beans, cotton, round potatoes, wheat, peas, groundnuts, finger millet, sim-sim, paddy and grapes. The project area has good road network mostly tarmac roads that link one region to another except for the Iringa-Dodoma road that is still gravel. Schools, water and health facilities are also available in some parts of the way leave. Electricity is also available in all headquarters of Districts affected by the project except for Kishapu District. Annex IV ……. provides details of social economic characteristics of the project area.

5.2.1 Residency of PAP household heads

As indicated in Table 5.1 the PAP household heads resides in their current locations the 13 districts in the 5 region.

Table 5.1 PAP Household Heads Residing in Urban and Rural Areas

Region District Total percent

Iringa Iringa urban 389 8.0%

Iringa rural 447 9.2%

Dodoma Mpwapwa 383 7.9%

Chamwino 453 9.3%

Dodoma urban 727 15.0%

Bahi 262 5.4%

Singida Manyoni 845 17.4%

Singida urban 439 9.0%

Singida rural 409 8.4%

Iramba 463 9.5%

Tabora Igunga 276 5.7%

Shinyanga Kishapu 144 3.0%

Shinyanga urban 38 1.0%

Total 4857 100%


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5.2.2 Sex ratios of PAP household heads and household members

In the project area, the number of males is higher among interviewed PAPs than females. The survey result shows that 71% are males while 29% are females. Given strong masculine traditions along the way leave, most of the decisions regarding household welfare are thus made by heads of household who are also men.

Table 5.2: Sex of PAPs Heads of Households and Household Members

*Includes PAP heads of households

5.2.3 Age profiles

About 50 % o the PAPs are 31-60 years old, followed by 25 % that are 60 years of old and 47 % that are below 18 years old Only 1.3% of interviewed PAP heads of households are below 18 years and therefore categorised as vulnerable. (Table 5.3)

Sex of PAP Heads of Households Region District Males Females Total Iringa Iringa urban 234 155 389

Iringa rural 254 193 447 Dodoma Mpwapwa 244 139 383

Chamwino 292 161 453 Dodoma urban 466 261 727 Bahi 186 76 262

Singida Manyoni 765 80 845 Singida urban 369 70 439 Singida rural 305 104 409 Iramba 361 102 463

Tabora Igunga 158 118 276 Shinyanga Kishapu 60 84 144

Shinyanga urban 15 23 38 Total 3709 1566 4857 Percent 71% 29% 100%

Sex of PAP Household Members* Region District Males Females Total Iringa Iringa urban 885 1095 1930

Iringa rural 1015 1143 2158 Dodoma Mpwapwa 808 836 1644

Chamwino 1141 1290 2431 Dodoma urban 1769 2048 3819 Bahi 732 721 1453

Singida Manyoni 928 882 1810 Singida urban 1280 1229 2509 Singida rural 1123 1063 2186 Iramba 1390 1233 2623

Tabora Igunga 989 905 1894 Shinyanga Kishapu 536 484 1020

Shinyanga urban 135 115 250 Total 12731

13044

25727

Percent 49% 51% 100%


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Table 5.3: Age structure of PAPs Heads of Households and Household Members

Ages of PAP Heads of Households

Region District Below 18 18- 30 31- 60 60 and

Above

Total

Iringa

Iringa urban 3 95 106 51 255 Iringa rural 11 151 205 60 427

Dodoma Mpwapwa 6 92 232 154 484 Chamwino 10 102 128 45 285 Dodoma urban 19 111 265 160 555 Bahi 6 66 151 131 354

Singida Manyoni 0 137 227 142 506 Singida urban 2 141 309 55 507 Singida rural 2 37 197 248 484 Iramba 1 154 309 60 524

Tabora Igunga 1 36 189 32 258 Shinyaga Kishapu 1 17 52 36 106

Shinyanga urban 0 52 19 5 76 Total 62 1191 2389 1179 4857 Percent 1.3% 24.5% 49.6% 24.7% 100% Ages of PAP household members*

Region District Below 18 18-30 31-60 60 and

Above

Total

Iringa Iringa urban 808 553 408 158 1927 Iringa rural 818 569 425 209 2021

Dodoma Mpwapwa 802 560 416 112 1890 Chamwino 1038 629 429 195 2291 Dodoma urban 1490 1043 749 288 3570 Bahi 733 416 239 101 1489

Singida Manyoni 865 506 302 123 1796 Singida urban 1213 715 435 140 2503 Singida rural 1076 576 387 145 2184 Iramba 1347 684 385 200 2616

Tabora Igunga 1045 436 283 105 1869 Kishapu 572 234 145 64 1015 Shinyanga urban 144 44 52 14 254 Total 11951 6965 4655 1854 25425 Percent 47% 27.4% 18.3% 7.3% 100%

*Includes PAP heads of household


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5.2.4 Marital status

Over 70 % of the PAP heads of households are married while only 4.6% are single, 12.% are widows, and 5 % are divorced,.(Table 5.4). In some cases married females are heads of households in which no male heads are not available.

Table 5.4: Marital Status of PAP Heads of Households

Region

District Married Widowed Divorced

Single separated

Co-habited Total

Iringa Iringa urban 149 53 13 14 2 0 231 Iringa raral 136 33 10 9 4 0 192

Dodoma Mpwapwa 200 34 10 7 7 0 258 Chamwino 189 38 7 6 6 0 246 Dodoma urban 259 19 34 16 10 1 327 Bahi 70 11 3 7 0 0 91

Singida Manyoni 122 19 8 7 3 0 159 Singida urban 199 24 9 17 0 1 247 Singida rural 155 28 7 18 5 1 214 Iramba 152 19 9 10 8 0 198

Tabora Igunga 151 14 8 3 2 0 178 Shinyanga Kishapu 54 7 5 3 2 0 98

Shinyanga urban 144 18 8 3 3 0 174 Total 1980 317 131 120 52 3 4857 Percent 76.1% 12.2% 5% 4.6% 2% 0.1% 100%

5.2.5 Land Tenure and Transfer systems

Over 90 % of the persons interviewed have one or more pieces of land that they own and use for settlement, agriculture and grazing. Land was obtained either through inheritance, bought or obtained from the local government (village or ward or hamlet). There is a significant difference in size and legality status of the land owned by head of household from one village to another. For households in urban areas and Municipals, the land they own surveyed and legally documented while in rural areas most plots are customary owned, un-surveyed and therefore not well documented. However, most people in rural areas know and respect each land user. Table 5.5: Ownership and Transfer system

Purchased Inherited Allocated by village

government

Resettlement program

Total

Iringa Municipal 74 289 19 7 389 Iringa rural 39 319 65 24 447 Mpwapwa 88 236 48 11 383 Chamwino 49 330 54 10 453 Bahi 12 206 44 0 262


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Manyoni 45 239 48 13 345 Singida Municipal 49 257 122 11 439 Singida rural 59 244 103 3 409 Iramba 19 328 113 3 463 Igunga 33 158 114 0 305 Kishapu 6 121 36 0 163 Shinyanga Municipal 14 15 12 0 41 Dodoma Municipal 481 252 17 8 758 Total 968 2994 795 90 4857 Percentage 19.9% 61.6% 16.4% 1.9% 100%

5.2.6 Education levels

Most of the interviewed persons in the project site have similar education level as majority of Tanzanians in rural areas. About 30 % of the head of household (PAPs) have not attained any level of education, while 61 % of them have attained primary education, and 1 % have attained college education. About 40 % of PAPs family members have attained primary education level while 27 % have not been to and 17% attending primary school.(Table 6.6).

Table 5.6: Education of PAPs Household Heads and Family Members

Education of PAP Heads of Households

District None

Primary

Secondary

College

Technical/Vocation

Attending Pr. School

Attending sec.

school

Drop-out Pr

School

Drop-out Sec School

University

Total

Iringa Iringa urban 433 103 29 24 50 5 0 13 2 0 659 Iringa rural 501 83 15 5 0 4 0 12 0 1 621

Dodoma Mpwapwa 883 112 9 0 0 2 0 39 1 0 1046 Chamwino 345 116 1 7 2 18 0 7 2 0 498 Dodoma urban 101 205 5 5 6 30

0 23 0 0 375

Bahi 137 55 4 0 0 3 0 4 0 0 203 Singida Manyoni 76 92 14 2 2 2 0 4 1 0 193

Singida urban 38 133 8 5 0 4

0 14 1 0 203

Singada rural 92 127 3 1 0 11

1 13 1 1 250

Iramba 64 134 6 3 1 16 2 19 12 2 259 Tabora Igunga 122 89 4 0 1 11 0 9 21 0 257 Shinyanga Kishapu 90 34 1 1 0 8 1 4 30 1 170

Shinyanga urban 62 9 0 0 0 0

0 2 0 1 74

Total 2944 1292 99 53 62 114 4 163 71 6 4857 Percent 61.2

% 26.9% 2.1% 1.1% 1.3% 2.4% 0.1%

3.4%

1.5% 0.1% 100%

Education levels of PAP’s household members* Iringa Iringa urban 335 890 232 55 26 299 53 8 112 6 2016

Iringa rural 424 841 115 97 24 336 48 7 72 5 1969 Dodoma Mpwapwa 526 741 114 45 23 365 52 12 36 3 1917


43

Chamwino 716 831 81 81 15 423 63 12 52 3 2277 Dodoma urban 966 1296 222 134 56 764 122 5 148 13 3726 480 500 93 21 11 290 47 6 35 3 1486

Singida Manyoni 492 768 158 24 7 242 29 10 73 6 1809 Singida urban 598 1212 202 24 3 298 51 10 91 5 2494 Singida rural 505 980 126 14 0 337 45 14 103 6 2130 Iramba 693 1103 177 18 3 425 64 10 112 8 2613

Tabora Igunga 719 644 53 3 3 377 42 3 39 3 1886 Kishapu 325 437 33 4 0 165 19 1 30 2 1016 Shinyanga

urban 68 102 23 3 1 38 8 1 6 1 251 Total 6847 10345 1629 523 172 4359 643 99 909 64 25590 Percent 26.8

% 40.4% 6.4% 2% 0.7% 17% 2.5%

0.4% 3.6% 0.3

% 100% * Includes PAP heads of households

5.2.7 Formal and informal employment and income

About 81 % of the PAPs in both rural and urban areas of the project are engaged in for food and cash crops as well as keeping cattle and chicken. Others have formal earning wages or are doing petty business particularly in urban areas of the way leave. These types of occupations determine levels of incomes that individuals get as well as forms of livelihoods that are practices in the project area. The levels of income vary markedly between and among PAPs. For example, about 8 % of the PAPs have mean annual incomes below Tshs. 100,000. About 38 % of PAPs earned between Tshs. 100,000 and 500,000 while 20 % have earned between Tshs. 500,000 and 1,000,000. About 23 % of PAPs were earning between Tshs. 1,000,000 and 5,000,000..

Table 5.7: Employment Status of PAP Household Heads and Dependents

Employment status of PAP household heads

District

Agr

self

employ

ed

Agr

paid

labou

r

Agr

unpaid

family

member

Mason Fisher

y salar

ied

Comm

erce

Carpenter

Petty trading

Casual

labourer

others Total

Iringa urban 297 15 3 9 1 9 7 8

13

15

7 411

Iringa rural 312 23 1 7 11 5 9 6

15 7 19 415

Mpwapwa 278 17 5 3 6 6 14 5 28 7 11 373 Chamwino 348 9 4 5 0 4 9 7 21 10 38 455 Dodoma urban 507 7 0 4 4 9 17 15

32

8

31 634

Bahi 232 2 6 1 0 4 4 2 4 4 8 267 Manyoni 284 3 1 5 1 7 6 1 4 5 7 324 Singida urban 347 16 1 5 1 12 6 14

13

14

25 454

Singida rural 355 4 0 1 3 5 1 29

13

3

18 432

Iramba 411 6 0 2 1 7 19 13 15 7 12 493 Igunga 270 4 1 3 0 4 2 4 4 1 16 309 Kishapu 250 3 0 0 1 1 2 4 0 3 2 266


44

Shinyanga urban 43 0 0 0 0 0 0 2

0

3

0 48

Total 3934 109 22 45 29 73 96 110 162 87 194

4861

Percent 81.2% 2.2% 0.5% 0.9% 0.6%

1.5% 2%

2.3%

3.3% 1.8% 4% 100%

Table 5.8: Household income earned District Scale of Income Earned

100,000 and Below

100,001 - 500,000

500,001 -1,000,000

1,000,001 - 5,000,000

Above 5,000,000 Total

Iringa Municipal 65 143 57 64 7 389

Iringa Rural 63 165 60 67 3 447 Mpwapwa 47 156 67 60 7 383 Chamwino 31 198 74 105 8 453 Bahi 24 108 50 67 8 262 Manyoni 28 129 72 76 13 345 Singida Municipal 20 174 99 116 16 439 Singida rural 26 162 92 100 10 409 Iramba 21 162 127 134 12 463 Igunga 11 94 72 107 3 305 Kishapu 17 50 52 43 4 163 Shinyanga Municipal 0 18 10 9 2 41 Dodoma Municipal 57 295 157 184 14 758 Total 410 1854 989 1132 107 4857 Percentage 8.4% 38.2% 20.4% 23.3% 9.5% 100%

5.2.8 Agriculture practices

Agriculture is practiced in most areas along the way leave. The main crops cultivated include maize, beans, potatoes, cotton, millet, sunflower, simsim and vegetables. The crops are grown for both food and cash. In some cases the Dairy cattle and chicken are kept especially within the urban settings such as Iringa municipal, Dodoma municipal and Singida Municipal, where dairy product such as milk and meet are supplied within the municipalities and they provide significant contribution to household income.

5.2.9 Petty Trading

There are small scale trading activities in the project area which include retail shops and kiosks, which supply residents with essential commodities such as agriculture inputs and household needs such as rice, flour, cooking oil, kerosene, matches, soap etc. Other traders run rice milling machines For instance in Igunga district. Some of the fixed small trades enterprise or shops or kiosks will be affected by the power transmission line.


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5.2.10 Types of Impacted House Structures

The type of houses found in the way leave in rural areas of Mpwapwa and Bahi Districts are of similar design i.e. very short and small mostly built with mud and covered by mud and grass on top. In Iringa municipality area, most of the houses are built of a combination of traditional and modern construction materials such as corrugated iron sheets for roofing, burnt bricks and/or cement blocks. Villages that are close to missionary centres, such as Chibumagwa and Chikuyu in Manyoni, and Misigiri village in Iringa Rural have improved houses, possibly from the influence of the mission centres in those areas. Villagers located along the Dodoma -Singida main road, or on small towns such as Iguguno, Nselembwe-Shelui and Misigiri have house that combine both traditional and modern building materials (e.g., cement and corrugated iron sheets). Most of the houses in these areas comprise of more than one structure, which includes the main house (normally with three/four rooms), a kitchen, store, toilet and fence made up of thatches and some of them are made of bricks. Table 5.9 Types of Impacted Residential Structures

District

Types of Impacted Residential Structures

Wall Materials Roofing Materials

Floor Materials

Poles and Mud

Sun-dried bricks

Burnt bricks

Cement blocks

Total

Grass thatched

Corrugated iron

Mud and grass

Total Mud cement Cement and Mud

Total

Iringa urban 251 63 156 21 240 135 278 111 524 283 149 49 481

Iringa rural 244 97 143 27 267 197 283 70 550 339 147 60 546

Mpwapwa 241 91 118 11 220 188 192 88 468 340 92 57 489 Chamwino 313 113 77 27 217 216 182 118 516 398 107 44 549

Dodoma urban 471 312 161 52 525 393 441 183 1017 734 211 54 999

Bahi 186 50 52 14 116 116 95 97 308 217 61 27 305 Manyoni 229 133 79 16 228 130 192 143 465 337 99 22 458 Singida urban 311 239 52 34 325 190 279 177 646 530 111 23 664

Singida rural 340 189 66 22 277 134 284 206 624 478 128 19 625

Iramba 352 273 97 17 387 243 328 298 869 605 138 7 750 Igunga 219 326 51 6 383 161 165 271 597 542 48 15 605 Kishapu 174 100 18 4 122 133 73 105 311 270 28 8 306 Shinyanga

urban 51 27 7 2 36 23 25 38 86 70 16 1 87

Total 3382 2013 1077 253 3343 2259 2817 1905 6981 5143 1335 386 6864

Percent 52.3%

31.10

% 16% 1.2

% 100%

32.4%

40.4%

27.3% 100% 75%

19.5%

6% 100%


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Table 5.10: Source of drinking water

District Pipe inside house

Pipe outside house

Communal stand

pipe

River Stre am

Borehole Covered well

Uncovered well

Total

Iringa Municipal 117 34 71 9 15 28 29 60 363 Iringa rural 67 43 141 18 3 11 44 59 386 Mpwapwa 48 28 91 7 13 44 46 63 340

Chamwino 73 31 129 9 13 20 23 112 410

Bahi 50 13 40 7 8 12 27 91 248

Manyoni 59 33 46 17 5 25 14 137 336

Singida Municipal 18 26 55 21 6 53 113 141 433

Singida rural 12 33 80 22 15 42 60 136 400

Iramba 22 24 118 62 11 79 50 77 443

Igunga 11 7 30 164 3 22 17 47 301

Kishapu 27 3 13 76 10 7 5 22 163 Shinyanga Municipal 0 3 3 3 0 10 5 17

41

Dodoma Municipal 99 55 116 71 54 39 29 231 694

Total 603 333 933 486 156 392 462 1193 4558 Percent 13.2% 7.3% 20.5% 10.7% 3.4% 8.6% 10.1% 26.2% 100%

Table 5.11 PAP Household Lighting Sources

District Kerosene Candle Electricity Gas lamp Solar energy

Fuel wood Other Total

Iringa Municipal 295 24 26 10 2 5 1 389

Iringa rural 337 24 13 10 5 1 2 447

Mpwapwa 299 16 8 23 0 3 5 383

Chamwino 360 19 18 9 5 3 9 453

Bahi 197 30 7 1 11 3 1 262

Manyoni 290 31 4 3 1 6 3 345

Singida Municipal 389 4 17 7 2 11 6 439

Singida rural 361 6 5 17 1 3 9 409

Iramba 390 12 28 7 0 1 7 463

Igunga 279 0 4 13 1 3 1 305

Kishapu 147 8 1 1 2 2 2 163

Shinyanga Municipal 38 0 2 0 0 0 1 41

Dodoma Municipal 643 40 20 11 3 3 6 758

Total 4025 214 153 112 33 44 53 4857

Percentage 82.9% 4.4% 3.2% 2.3% 0.7% 5.4% 1.1% 100%


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5.2.11: Vulnerable Groups or Persons requiring Special Provisions

Some of the community members in the way leave are regarded as vulnerable due to their inability to perform or meet their basic needs and therefore, such individual would require special treatment as especially from the negative effects of the proposed development. These individuals will need support during and after the relocation process to enable them, maintain/improve their livelihoods.

The survey identified 1,294 people categorized as vulnerable; these constitute about 51 % elderly persons, 36 % widows and 5 % divorced women. There are also groups such as orphans and disabled that will need support Social workers will work with TANESCO in ensuring that such vulnerable groups are properly taken of during the relocation and compensation exercise. TANESCO will provide this assistance in collaboration with the respective District Authority particularly the Community Development Office. TANESCO has set aside a budget of 160,000TSHS (100USD) therefore (TOTAL OF 382,240,000TSHS= 238,900USD) to assist vulnerable PAPs that will require special assistance. The survey has identified vulnerable heads of households as shown below.

Table 5.12: Vulnerable PAPs

Vulnerable Heads of Household District Widow Orphan Elderly Disease/injury Disabled Divorced Total

Iringa urban 19 6 37 2 2 5 71 Iringa rural 34 1 22 2 2 3 64 Mpwapwa 21 2 45 2 2 1 73 Chamwino 21 1 41 4 3 3 73 Dodoma urban 29 1 34 3 1 6 16 Bahi 10 2 3 0 0 1 36 Manyoni 11 0 25 0 0 0 71 Singida urban 27 4 34 0 1 5 79 Singida rural 27 2 40 3 1 6 41 Iramba 17 0 16 5 1 2 37 Igunga 10 1 23 2 0 1 8 Kishapu 2 0 6 0 0 0 4 Shinyanga urban 2 0 1 0 0 1 74 Total 460 40 654 46 26 68 1294 Percent

35.5%

3.1% 50.5%

3.6% 2%

5.3% 100%


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CHAPTER 6 PUBLIC PARTICIPATION AND STAKEHOLDER CONSULTATIONS

6.1 Overview

The public participation process for this RAP took into account particular feature of the transmission line project. In connection with the requirement that displaced persons be meaningfully consulted, consultations were made through meetings and interviews involving stakeholders at national, regional, district, ward and village levels, the local government and central government as well as NGOs that operate in the project area. The main objective of public participation was to enable stakeholders learn about the project, its impacts and how they will be mitigated, especially the issues about compensation, relocation and to secure their cooperation. Other objectives include assisting stakeholders to understand applicable laws and regulations governing compensation and to involve stakeholders in census, socio-economic surveys, and inventory of households and affected assets for Resettlement Action Plan preparation.

6.1 Stakeholder Identification and Analysis

The following stakeholders/institutions for Resettlement Action Planning and Implementation were identified and analysis of their roles and stakes are provided in Table 6.1.

a) TANESCO b) Ministry of Lands, Housing and Human Settlements c) Ministry of Energy and Minerals d) Ministry of Natural Resources and Tourism e) Local Government Authorities (Iringa Municipal, Iringa rural, Mpwapwa,Chamwino,

Dodoma Municipal, Bahi, Manyoni, Singida Rural, Singida Urban, Iramba, Igunga, Kishapu and Shinyanga Municipal.)

f) Project-affected Persons g) Local communities h) NGOs and CBOs i) Development partners and j) TANROADS

Table 6.1 Stakeholders/institutions to support RAP planning and implementation

Stakeholders & their Categories Roles/contributions Expectations

Central Government

• Ministry of Land, Housing and Human Settlements Development

• Ministry of Energy and Minerals

• Overseeing RAP implementation including addressing grievances, technical, legal and policy issues, maintaining social security

• Project Developer, • Facilitate the Valuation

exercise • Provision of funds for

compensation • Power supply

• RAP is planned and successfully implemented through participatory process

• The Project is executed in time as planned.

• Reliable power supply in Iringa Region


49

Local Government Authorities6

• Iringa Municipal,Iringa Rural, Mpwapwa, Bahi ,Manyoni,Singida Rural,Singida Municipal, Iramba,Igunga,Kishapu,Shinyanga

• Facilitating implementation of the RAP

• Provide technical support in land acquisition and resettlement including property valuation

• Smooth implementation of the Project

• Economic development and livelihoods improvement in Iringa Region

Project Affected Persons7

PAPs

Provision of land for Project implementation

• Compensation and livelihoods improvement, alternative land

Affected Local Communities8

97 villages along the way leave

• Provide support in Project implementation,

• Alternative land allocation and hosting PAPs

• Improved socio-economic conditions and livelihoods of the local communities

• Employment opportunities

6.2 Methods of Stakeholder Participation

A variety of approaches and methods were used in ensuring stakeholders are involved and participate in the RAP process. These include:

6.2.1 Notification to stakeholders

TANESCO wrote and sent to all Regional Administrative Secretaries letter of introduction to inform them about the Project and to secure permission to work in the respective districts. These letters were then channeled to the District Executive Directors (DED) for the same purpose and to seek appointments to consult the district officials and to undertake the RAP in the respective villages. Letters from the DED office were then distributed to all relevant Wards and villages to secure appointments with village government officials and local communities. The general public was notified through media that included radio and newspapers in December 2009 when the initial Resettlement Policy Framework and ESIA of the Project was disclosed (copy of disclosure attached).

6.2.2 Household Interviews

Household questionnaires were used to obtain the views of PAPs regarding the project and basic compensation and resettlement factors. Other information that was gathered through the questionnaires include, demographic information, economic activities, incomes of PAPs, land related issues, living conditions and availability and status of social services.


50

6.2.3 Village Public Meetings and with village leaders

Public meetings were conducted in all the villages to be impacted by the project while preparing this RAP between 1st May-31st

6.2.4 Meetings with Regional and District Officials

May 2011. These meetings ensured women and youth were involved and the villagers were informed about the positive and negative impacts associated with the project. Villagers were also sensitized regarding their right to be compensated and given opportunity to ask questions, raise concerns and provide information on issues such as availability of land in the village for resettlement purposes. Meetings with leaders that aimed at collecting specific data about the village, reviewing possible sites for the relocation of affected PAPs were also conducted.

At regional and District level consultative meetings that aimed at introducing the project, obtaining views and concerns regarding the Project were conducted. Emerging issues from these meetings have formed part of this RAP report and are summarized in table 8.3.

6.2.5 Consultations with Other Relevant Stakeholders

In Dar es Salaam, various stakeholders at ministerial and central government agencies were consulted to obtain views at the policy level. These included the Ministry of Energy and Minerals, the Ministry of Natural Resources and Tourism and the Ministry of Lands and Human Settlements, TANROADS and TANESCO.


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Table 6.2 Stakeholders consultative meetings conducted at Regional and District level DATE LOCATION PEOPLE

ATTENDED/REPRESENTED OBJECTIVE OF THE MEETING

Iringa Region Office Regional Commissioner Regional Administrative Secretary

Discuss RAP process, mode of payment for community properties, alternative land to relocate PAPs, Involvement in RAP implementation

Dodoma Region Office

Regional Commissioner Regional Administrative Secretary


Singida Region Office



Tabora Region Office



Shinyanga Region Office



Iringa Municipal Office

DED District Land and Natural Resource Officer District Planning Officer District Community Development Officer


Iringa Rural Municipal Office



Mpwapwa District Office



Chamwino District Office



Dodoma Municipal Office




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DATE LOCATION PEOPLE ATTENDED/REPRESENTED

OBJECTIVE OF THE MEETING

Bahi Municipal Office



Manyoni District Office



Singida Rural District Office



Singida Municipal Office



Iramba District Office



Igunga District Office

DED District Land and Natural Resource Officer District Planning Officer District Land Surveyorr


Shinyanga District Office



Kishapu District Office




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6.3 Summary of Stakeholders Views and Concerns

Most stakeholders are positive about the project and expect that the project will have a positive impact to the economy of the Nation. However various concerns were raised by the stakeholders mainly on land and compensation issues. Below is a summary of the concerns raised by the PAPs and their suggestions on how to mitigate some of the impacts. Annex 11 provides details of the stakeholder views and concerns

Figure 4: Stakeholders meetings May 2011 at Mwajiginya and Manzase Village

Discussions with various district officials and those at the village level showed concern, on the way the land acquisition procedure for development activities is undertaken in Tanzania. In most cases, local communities are not well informed of their rights when land is acquired. For instance there are allowances such as disturbance allowance, loss of profits for house/business premises that will be affected, that too often; the people are not informed about. During stake holder’s involvement for this RAP, sensitization and education/information were undertaken to ensure that all affected people are aware of their rights and what they are supposed to be compensated. Stakeholders also raised issues about delays in payments.. “We have the experience from the current Dodoma -Shinyanga road project, it took more than two years for us to be compensated,”. In addition, they also noted that sometimes it takes up to three years for one to be compensated. By the time the money is paid, it is not sufficient to meet the cost of the new structures that on would like to have due to inflation and other factors. , However during consultations, stakeholders were informed that the land law is very clear regarding time as to when one has to be compensated, and if not compensated on time, the law requires the developer to pay the affected person with interest. Stakeholders also raised concerns regarding the value of the compensation paid for affected properties.. It was noted that prices given to crops was very low compared to the actual value of investment cost for a particular crop. Discussions with officials from the Ministry of Agriculture and Food Security revealed that values of crops are supposed to be reviewed after three years,


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though sometimes this is not the case. Beside crop values, the value of bare land was also a matter of concern for most of the stakeholders. The main issue was that the value of bare land was very low compared the value of land.. In order to address these concerns some stakeholders recommended the following: • Review of crop prices for compensation should be conducted every year and should

involve relevant District Agriculture Officials. It is important to involve district officials because investment costs of crops differ from one area to another due to variation in physical environment.

• Compensation of land value should include investment cos. For example in preparing rice/paddy farms one has to invest more compared to preparation of a maize farm.

• Compensation should also consider fertility of the land and pay a much higher price to fertile land.

Stakeholders were informed that for this particular project the valuation exercise was undertaken according to the Tanzania Laws and those of the lenders. Valuers also consulted relevant District offices to update price for land and crops to the current market price relevant to that particular area. No depreciation cost was calculated for structures; however this valuation consider investment cost for preparing the farms i.e. the land market value paid to the PAP considered the investment cost. In addition to issues about values for affected properties, stakeholders raised their concerns regarding the prospect of increased spread of HIV/AIDS as result of the proposed development. In most areas the rate of infection is already alarming, for instance Iringa Region ranks number one in the country for spread of HIV/AIDS (Ministry of Health 2007). Stakeholders were informed that the Contractor will provide awareness to all workers on HIV/AIDS pathways and prevention options in order to minimise the rate of spreading in the project area. Further, most of the stakeholders were concerned about the fate of the graves found in the way leave and if their removal will be done appropriately and properly compensated for. TANESCO has already prepared a special mechanism that will ensure all graves are compensated as well as properly relocated. Several other issues of concern were raised. For example, many stakeholders in rural areas have complained that “we are tired of not only providing security to TANESCO infrastructures but also loosing our land for TANESCO project without enjoying the services provided by such infrastructures”. Furthermore, they noted that “with the proposed increase production of electricity, it is now time for us to have electricity just like other Tanzanians in the urban areas”.

Out of the 97 villages affected by the project, only 16 are connected to the National grid. In order to reduce these kinds of concerns and negative attitudes, it is important that Rural Electrification Project which aims at increasing electricity accessibility to rural community is implemented in villages that are affected by the transmission line. Rural electrification will be financed by TANESCO to accelerate the rural electrification and TANESCO has completed feasibility study for rural electrification for all villages traversed by BTIP and SIDA and NORAD committed 17 Million Euros for this work.

Another concern was about where they will be relocated if this was to happen. This was raised because it may not be possible to obtain land in areas where they are currently staying. However


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villages were assured that only a small portion of land will be affected considering the nature of the project, which will result in less relocation. In addition discussions with relevant District Land officers indicated that it is still possible to relocate affected population within the district as there are other villages with enough land Indeed, stakeholders are well aware of the benefits associated with the which according them,, they include increase of employment opportunity, provision of services (food, beverages), increase supply of electricity, revenue to the Nation and benefits that will result due to money from compensation which might improve their standards of living..

6..4 Key Recommendations from Stakeholders

• Compensation / resettlement should be done promptly and fairly and all affected people should be involved in every stage of the Project.

• TANESCO and the contractor should provide casual jobs to the local people as laborers during construction

• Communities in the affected villages should be provided with electricity

• Awareness on HIV/AIDS will continuously be provided to local communities and project staff through consultant who will be hired. TANESCO should ensure that the contractor undertakes awareness programs under his specific environmental and social management plan in the project area and budget for this activity is incorporated in the tender document.


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CHAPTER 7 RAP IMPLEMENTATION

7.1 Organizational Procedures and Responsibilities for Delivery of Entitlements

The compensation process and RAP implementation arrangements envisaged for this project have several steps involving individual PAPs, affected communities, respective Local Government Authorities ( e.g., regional and district councils) , TANESCO and the Ministry of Energy and Minerals, Ministry of Housing and Human Settlement and the TANROADs. The overall responsibility for resettlement lies with the Ministry of Energy and Minerals through TANESCO, and payments will be made through the fiscal authority of TANESCO as the project management body for this project, in accordance with its administrative and financial management rules and manuals. Local Government authorities will be the main focal points and “clearing house” for all the payments..

The district authorities in all districts have agreed to work with TANESCO to facilitate the implementation process for this project. TANESCO will monitor all activities that involve local authorities, facilitate demolition of PAPs structures, removal of permanent crops, oversee harvesting of seasonal crops, and the process of PAPs vacating the RoW consistent with the timeline for the start of works. Local government will also counsel and guide PAPs on the recommended use of money for re-establishing their homes and businesses that have been demolished.

7.1.2 Delivery of entitlement

TANESCO with support from district government, will post notices in the affected areas advising PAPs to collect their compensation payments from respective District Councils (for those who will be paid via cheques) and from the specified banks (for those that will be paid via bank transfers). TANESCO will create a written record, to be signed by the PAP, indicating that the PAP has received the payment. PAPs without bank accounts will be helped by local government authorities (district officials) to open bank accounts. Local government will be responsible to process bank account openings. This assistance will include assisting vulnerable PAPs to also open their bank accounts or know where and when they will be paid their compensation money. Once the account is opened and compensation is credited to the appropriate account, each PAP shall be informed of the transaction.

Once compensation payments have been made to PAPs, TANESCO and district government authorities will ensure that PAPs are using their entitlements for the purpose of relocation consistent with the timing in the vacancy agreements. PAPs will be notified immediately after receiving their compensation packages to begin the process of salvaging any materials from demolished structures such as metal/wooden frames, roofing iron sheets and bricks and farmers will be given notice to harvest their crops. In addition to these activities, TANESCO with support from local authorities shall work with communities to ensure effective restoration of pre-project levels of well-being by coordinating with project contractors to ensure jobs to support construction works are available for PAPs.

For this particular project there are three project lots and for each lot, TANESCO has appointed two officials who are Safe Guard representative from TANESCO competent on RAP implementation and social aspects to back up the LGAs in the implementation of the RAP. Similarly, TANESCO has undertaken various trainings and workshops for all the LGAs affected by the 400Kv project, like wise representatives of TAEO at Regional and District level as well as


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those at the TANESCO Headquarters will work with LGAs to ensure coherence and quality of the implementation is the same in all the Districts.

7.2 PAP Vacating Timing

To ensure timely completion of resettlement activities, district authorities will facilitate the resettlement process. TANESCO will urge all PAPs to vacate within the time frame that will be agreed between the two parties. The plan is to start payment to the PAPs by April 2012 PAPs will demolish their structures to salvage useful building materials, harvest their crops and cut down their trees from the RoW.

Below is a table providing scheduling information and set targets on RAP implementation activities.


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Activities Responsibility Time (in Month - 2012) – Starting February 2012 Feb March April May June July Aug Sept Oct Nov Dec

Compensation schedules + Signed Compensation Agreement in place

Government valuer, LGA TANESCO

Pre-payment arrangements: (notifications, opening bank account)

Government valuer, LGA TANESCO

Payments of compensation

Banks, TANESCO, LGA

In-kind structure replacement of public structures

TANESCO

Staging of in-kind structure replacement

TANESCO and LGA

Final clearance of PAPs from site

TANESCO and LGA

Staging of final clearance from site as required

TANESCO and LGA

Construction works commence

TANESCO and CONTRACTORS


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7.3 RAP Implementation Budget

The total compensation costs that will be provided under this RAP, as per Compensation Schedules for the 6,053 PAPs with compensable assets are Tshs 19,387,647,662.62. A breakdown of these costs per district is provided below (see also Annex V111 for details of compensation as well as the valuation reports for each District).. The total cost for compensation in the table below was derived from the approved valuation and compensation schedules reports which show the different categories of payments (i.e. replacement cost of houses, land market value, disturbance and transport allowances accommodation allowances and loss of profit for people who own business sample of valuation reports and compensation schedules attached.. The valuation report and compensation schedules are available at TANESCO office for references.

Rural electrification will be financed by TANESCO to accelerate the rural electrification TANESCO completed feasibility study for rural electrification for all villages traversed by BTIP and SIDA and NORAD committed 17 Million Euros for this work.

RAP monitoring cost will be covered under the hired OISF for the BTIP project

Table 7.1 Compensation and allowances to be paid to PAPs (Tshs)

Region District Amounts in Tshs 1 Iringa Iringa Municipality 1,302,849,306.00 Iringa District

2 Dodoma

Mpwapwa 1,075,217,000.00 Chamwino 841,584,000.00 Dodoma Municipality 3,367,817,800.00 Bahi 817,296,000.00

3 Singida

Manyoni 1,363,413,401.88 Singida District 1,947,524,379.62 Singada Municipality 3,041,344,872.68 Iramba 1,734,520,444.18

4 Tabora Igunga 1,802,352,127.90

5 Shinyaga Kishapu

1,711,488,330.00 Shinyanga Municipality 6 Assistance to vulnerable

PAPs 382,240,000.00

Total Compensation 19,387,647,662.62 In addition the cost for the establishment of workers camps and access roads will require land from local communities. Seven work camps will be constructed, with each camp requiring an average of three acres of land. The cost for compensating such impacts is not incorporated in the compensation schedule and the compensation budget on Table 7.1 above. Therefore, TANESCO will ensure that this is incorporated in the cost estimates the contractor will submit for negotiation with TANESCO prior to the commencement of the construction works. The land acquisition for the camp and access road, where the access will be needed will follow procedures stipulated in this RAP.


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CHAPTER 8 MANAGEMENT OF GRIEVANCES AND DISPUTES

Taking into account the complexity of resolving disputes and grievances, PAPs were informed about various grievance redress procedures and of their right to appeal if not satisfied. During surveys and inventory of PAPs and their properties, and in various consultative and stakeholder engagements, PAPs were informed about the grievance and dispute redress procedures. PAPS also became aware of the extent of damages to properties, crops and commercial activities that the Project would entail. Common concerns include:

• Amount, levels and time in which compensation is paid to PAPs • Seizure of assets without compensation • Handling and treatment of vulnerable PAPs and those without recognized ownership

rights (e.g., tenants and squatters)

8.1 Disputes Procedures under Existing Laws

Section 13 (1) of the Tanzania Land Acquisition Act 1967 includes provision regarding any land that is acquired where there is a dispute or disagreement. The Act elaborates disputes and stipulates the timeframe (six weeks) for resolving them before the aggrieved party can institute a suit in a court of law for resolution. The Land Act, 1999 and supporting regulations improves Section 13(1) of the Land Acquisition Act by establishing Land Tribunals at the Ward and District levels. If not satisfied with decisions of the Land Tribunal, the aggrieved party is obliged to take the matter to the court. If the local courts and/or the Land Tribunals cannot settle the matter, the matter will go to the High Court for resolution. The High Court of Tanzania and Court of Appeal is the highest appellate “judge” in this system. The decision of the High Court would be final.

The procedures for compensation dispute resolution prescribed by the Land Acts are cumbersome and costly, taking into account the fact that most of the PAPs have limited knowledge about legal issues and their rights with respect to the laws. Thus, the Grievance and dispute resolution structures will be established at the Village and district level in order to listen to complaints brought to them by PAPs and solve them before a decision to go to court is undertaken by the PAP.

8.2 Grievances and Complaints Procedures under this RAP

This Resettlement Action Plan for the proposed 400kV provides a simplified grievance redress mechanism that will enable timely settlement of grievances to the PAPs. The grievance procedures will be anchored and administered at the local level to facilitate access, flexibility and openness to all PAPs. The grievance redress procedure ensures consultations with TANESCO and other key stakeholders and provides for record keeping to determine the validity of claims, and to ensure that solutions are taken in the most transparent and cost effective ways for all PAPs. During consultation, affected individuals were informed of the process for expressing dissatisfaction and how to seek redress.

8.2.1 Steps to be followed for Grievance Redress

The following procedure will be followed in this RAP for the purpose of addressing grievances from the PAPs. Village governments will be requested to handle all complaints from the PAPs in their respective villages. Aggrieved PAPs will submit their grievances in writing, to the Village Government and receive an acknowledgement from the local village as proof that a complaint has been lodged.


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Members of the village government responsible for grievance redress process shall include respected village leaders and local village government representatives. 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.

In the event that the PAP is not satisfied, with the assistance of the village 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 Social Service Committee at the District (SSC). The SSC shall serve as Grievance Redress Committee (GRC) at the District 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.

TANESCO has also disclosed phone numbers that PAP can call in-case of queries or clarification as listed in the table below.

TANESCO Regional Manager Iringa 0769 902320 / 026 2702543 TANESCO Regional Manager Dodoma 0769 902346 / 026 2322095 TANESCO Regional Manager Singida 0765 365678 / 026 2503025 TANESCO Regional Manager Igunga 0767 902382 / 026 2650096 TANESCO Regional Manager Shinyanga 0764 300139 / 028 2763644

Table 8.1 below provides details of the procedure that is to be followed for grievance redress in this RAP. A form to be used for filling the grievances is also indicated below.

RAP for 400 kV OHL Iringa - Dodoma - Singida - Shinyanga: FINAL REPORT October, 2011 Page 62 of 82

Table 8.1 Grievance Redress Process

Step Reporting officer/committee Officer/committee members

Time frame to redress Grievance redressed Grievance not redressed

1 PAP shall submit grievance in writing to the Village Government (VG) and receive an acknowledgement from local village government as proof. If the PAP is unable to write, the RAP implementing organization, the local government shall record the same on behalf of PAP.

1Village government 2- Representative of RAP implementing organization

Upon receipt of grievance, the local village government with the help of 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 local village government’s decision, a report of the same shall be prepared by TANESCO. A copy of report shall be handover to PAP for record and copies to be submitted to local authority for record, case closed.

If the grievance is not resolved, go to step 2.

2 If PAP is not satisfied with step 1 decision, the case shall be forwarded to Ward Executive Committees (WEC) with a preliminary report prepared by TANESCO. The report should have the details of grievance, preliminary assessment of TANESCO & local government, hearing date and decision of local government.

The members of this committee shall be: 1- Village and Ward Executive Committee 2- PAP representative 3- Representative of TANESCO

Upon receipt of grievance, the Village and Ward Executive Committees 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 10 working days from the date of case referred. The date, time and venue of hearing shall be communicated to PAP at least 5 days in advance by TANESCO.

If the grievance is resolved and the PAP is satisfied with Village and Ward Executive Committees decision, a report of the same shall be prepared by TANESCO. A copy of report shall be handover to PAP for record and copies to be submitted to local authority for record, case closed.



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Step Reporting officer/committee Officer/committee members

Time frame to redress Grievance redressed Grievance not redressed

3 If PAP is not satisfied with step 2 decision, the case shall be forwarded to Social Services Committee (SSC) at the District level. This committee shall function as GRC at the district level for TANESCO project. The grievance shall be forwarded with all the paper details of case till date to SSC.

1- DC – Chairman, District land office, Valuer, PAP representative/ local NGO, TANESCO

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. The date, time and venue of hearing shall be communicated to PAP at least 7 days in advance by TANESCO.

If the grievance is resolved and the PAP is satisfied with GRC decision, a report of the same shall be prepared by TANESCO. A copy of report shall be handover to PAP for record and copies to be submitted to Local communities for record, case closed.


4 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 Judiciary.

1- Regional Secretariat 2- District Commissioner 3- Project director, TANESCO

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 by TANESCO. A copy of report shall be handover to PAP for record and a copy to be submitted to local authority for record, case closed.

If the grievance is not resolved, the PAP may take the case to appropriate court.

5 PAP takes the case to appropriate court.


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CHAPTER 9 MONITORING AND EVALUATION

RAP implementation will be closely monitored by both TANESCO and hired independent Owners Implementation Support Firm (OISF) to provide TANESCO an effective basis for assessing resettlement progress and to identify potential difficulties and problems. Broadly, the M&E system will involve:

• Administrative monitoring, including but not limited to daily planning, implementation, feedback and trouble shooting, individual PAP file maintenance, progress reporting

• Socio-economic monitoring, including but not limited to: case studies; using baseline information to compare the PAPs’ socio-economic conditions over time; looking at the issues of vacating properties, asset demolition, and the salvaging of materials; and tracking morbidity and mortality, communal harmony, consultations, number of grievances filed and resolutions; and

• Impact evaluation and monitoring, including but not limited to income changes over time, with a special focus on livelihoods restoration or improvement.

Monitoring the progress of RAP execution will be carried out through internal monitoring processes by TANESCO and through external monitoring involving other agencies as may be deemed appropriate by TANESCO

9.1 Monitoring and Reporting

Monitoring for RAP implementation will be carried out for three months, as this is the maximum time PAPs are allowed for vacating their existing properties. TANESCO will keep a record of all progress and prepare regular monitoring resettlement implementation reports that outline the successes achieved and the challenges encountered. Reports documenting actual achievements against targets and identifying reasons for any shortfalls will be submitted to the Ministry of Energy and Minerals. To maximize efficiency, TANESCO will engage a Data Management and Quality Assurance Officer to facilitate monitoring and reporting activities and a RAP Specialist to provide regular reviews and quality control in addressing provisions of WB OP 4.12. Data from field surveys will be used as the benchmark for monitoring the progress of RAP implementation.

Monitoring will be based on maintaining a full-time presence in the field during resettlement implementation; in coordination with district government authority. Internal monitoring will involve the following:

• Administrative monitoring to ensure that implementation is on schedule and problems are dealt with on a timely basis.

• Socio-economic monitoring during and after the relocation process to ensure that persons have been able to recover successfully and as anticipated from the relocation program.


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Data from baseline socio-economic surveys undertaken during consultation will provide the benchmark for monitoring to assess the progress and success of RAP implementation. Monitoring will also include the following:

• Communication with PAPs and documentation of reactions from PAPs

• Information from PAPs about entitlements, options, alternative developments, etc.

• Valuation of assets

• Use of the grievance redress mechanism

• Disbursement of compensation amounts and all other assistance

• Physical progress of the RAP’s implementation, including the relocation of PAPs and the affected community assets

• Confirmation that TANESCO is ensuring that the RoW is maintained free and clear of obstacles and cultivation after the demolition.

Within each affected village, PAPs will have their own committees that will conduct

meetings on a two weeks basis during the RAP implementation process to discuss any

matters arising and also to receive any progress reports from project implementers, minutes

from the meeting will be forwarded to the Village Executive Officer who will later forward

to the DED and TANESCO Regional Office, like wise PAPs can also forward the minutes

directly to the TANESCO regional office or TANESCO Head-quarters in Dar es salaam as

they will be provided will all the necessary contacts. This mechanism is transparent and

allows PAPs to get a regular feedback of the implementation and is also convenient for them

as it does not involve any transport related cost.

9.2 Monitoring and Reporting Indicators

The indicators of achievement of objectives during RAP implementation are of two kinds:

i) Process Indicators that reflect project inputs, expenditure, staff deployment, etc.

ii) Output Indicators that reflect results in terms of numbers of PAPs compensated.

Process indicators related to the physical progress of work will focus on items such as:

• Grievance redress procedures: status and functionality

• Opening of bank accounts


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• Disbursement of compensation payments and receipt by PAPs

• Number of households and businesses displaced and resettled • Structures rebuilt/replaced

• Progress and completion of scheduled activities

• Meetings with PAPs and other stakeholders

• Financial status of the Project

In comparison, output indicators will be the same as those collected during the socio-economic

survey to evaluate changes in living standards against pre-project levels.

There will be an External Monitor appointed by TANESCO to review all compensation tallies and ascertain whether compensation was provided correctly. The external monitor will also assess whether PAPs have regained their prior living standards in terms of income, housing, access to basic amenities, and ownership of land and material assets. It is anticipated that impact monitoring will first be carried out approximately 3 months after the PAPs have been relocated, and thereafter annually for a period of at least 2 years. At the end of each evaluation, a report will be submitted to TANESCO giving details of the evaluation and its findings.

Plans are that TANESCO will hire an independent consultant who will work in collaboration with TANESCO environmental unit that also over looks RAP issues.


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REFERENCES

IFC (2002), Handbook for Preparing a RAP, International Finance Corporation, 2121 Pennsylvania Avenue, NW, Washington, DC 20433 USA

URT, (1967), The Land Acquisition Act. No 47 of 1967

URT, (1977), The Constitution of the United Republic of Tanzania of 1977

URT, (1982), The Local Government (District Authorities) Act. No. 7 of 1982

URT, (1982), The Local Government (Urban Authorities) Act. No. 8 of 1982

URT, (1996), The National Land Policy, 1996

URT, (1999), The National Land Act, Cap 113

URT, (1999), The Village Land Act, Cap 114

URT, (2001), The Land Act No. 4 Regulations 2001 subsidiary Legislation (Supp. No. 16 of 4th May 2001)

URT, (2001), The Village Land Act, No 5, 1999 and Subsidiary Regulation of 2001

URT, (2002), The Land (Assessment of the Value of Land for Compensation) Regulations, 2001 and the Village Land Regulations, 2002

URT, (2002), The Land Disputes Court Act. 2002 (Act N0.2 of 2002)

URT, (2007), The Land Use Planning Act of 2007

URT, (2007), The Urban Planning Act of 2007

World Bank (2004), Involuntary Resettlement Policy OP 4.12 (Revised April 2004)


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LIST OF ANNEXES

Annex I: Tools used during data collection Annex II: Stakeholders Views and Concerns Annex III: Signatures of Stakeholders Consulted Annex IV: Socio- Economic Characteristics of the PAPs Annex V: Entitlement Matrix Annex VI: Compensation and allowances to be paid Annex VII: Rates used for valuation Annex VIII: Notification to stakeholders and public Annex IX: Valuation Reports


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