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THE UNITED REPUBLIC OF TANZANIA

PRESIDENT’S OFFICE
REGIONAL ADMINISTRATION AND LOCAL
GOVERNMENT (PO-RALAG)

Dar Es Salaam Metropolitan Development Project


(DMDP) Phase 2

Resettlement Policy Framework


(RPF)

OCTOBER 2023
TABLE OF CONTENTS
Table of Contents......................................................................................................................................................................
List of Figures.............................................................................................................................................................................
List of Tables..............................................................................................................................................................................
Abbreviations.............................................................................................................................................................................
Glossary of Terms....................................................................................................................................................................
Executive Summary.................................................................................................................................................................
1 Project General context...............................................................................................................................................
1.1 Assignment..................................................................................................................................................
1.1 1.2 Context..................................................................................................................................................
1.2 1.3 Project Descriptions...............................................................................................................................
1.3 Potential Social Economic Impacts Under DMDP 2 Subprojects................................................................
1.4 Need for The RPF (Rationale).....................................................................................................................
1.5 Objectives of The Resettlement Policy Framework.....................................................................................
1.6 RPF Preparation Methodology....................................................................................................................
1.6.1 Desk work and review of documents...............................................................................................
1.6.2 Site visits for Reconnaissance...........................................................................................................
1.6.3 Consultations with stakeholders......................................................................................................
1.6.4 Meetings with Stakeholders.............................................................................................................
1.6.5 Recognizance of the Project Areas....................................................................................................
1.7 Structure of the RPF....................................................................................................................................
2 LEGAL FRAMEWORK...............................................................................................................................................
2.1 Introduction..................................................................................................................................................
2.2 Applicable National Laws and Policies........................................................................................................
2.3 The World Bank Environmental and Social Framework (ESS5)..................................................................
2.3.1 ESS Standard 5: Land Acquisition, Restrictions on land Use and Involuntary Resettlement............
2.3.2 ESS10 Stakeholder Engagement and Information Disclosure...........................................................
2.4 Voluntary Land Donation.............................................................................................................................
2.5 COMPARISON OF NATIONAL LEGISLATION AND WB ESS5.................................................................
2.6 Principles of Resettlement...........................................................................................................................
3. RAP Preparation, REVIEW AND APPROVAL............................................................................................................
3.1 About Resettlement Action Plan..................................................................................................................
3.2 Preparation of RAP......................................................................................................................................
3.3 Methodology for RAP Development............................................................................................................
3.3.1 Capacity Building for Resettlement Planning and Implementation...................................................
3.3.2 Methods to determine Cut-off Date..................................................................................................
3.3.3 Stakeholder Engagement and Community Consultations................................................................
3.3.4 Methodology for Asset Inventory......................................................................................................
3.3.5 Census and Socio-Economic Survey.................................................................................................
3.3.6 Valuation Methods...........................................................................................................................
3.3.7 Valuation procedures.......................................................................................................................
3.3.8 Videography/Drone footage.............................................................................................................
3.4 ELIGIBILITY AND ENTITLEMENT FRAMEWORKS...................................................................................
3.4.1 Defining Affected Population (Affected Persons).............................................................................
3.4.2 Entitlement Matrix............................................................................................................................
3.5 Provisions on Economic Displacement........................................................................................................
3.6 Disclosure and Compensation Signing and Draft RAP Preparation............................................................
3.6.1 Updating Database post-Disclosure.................................................................................................
4 Relocation Plan for Temporary affected PAPs.......................................................................................................
5 Due Diligence Report..................................................................................................................................................
5.1 Introduction:.................................................................................................................................................
5.2 Approach To Due Diligence Exercise..........................................................................................................

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5.2.1 Secondary data collection - Review of documents...........................................................................
5.2.2 Primary data collection – Field work and site observation................................................................
5.2.3 Data analysis and report preparation...............................................................................................
6 ORGANIZATIONAL ARRANGEMENTS FOR compensation DELIVERY...................................................
6.1 Organizational Arrangements – Role and Responsibility.............................................................................
6.1.1 Project coordination.........................................................................................................................
6.1.2 The TARURA - Project World Bank Coordinating Unit (WBCU).....................................................
6.1.3 Project Implementing Units.............................................................................................................
6.1.4 Land Resources and Town Planning Department............................................................................
6.1.5 The Local Government authorities...................................................................................................
6.1.6 Responsibility of Stakeholders.........................................................................................................
6.1.7 Project Resettlement Implementation Unit (RIU).............................................................................
6.1.8 Community Liaison and Grievance Redress Officer........................................................................
6.1.9 The Commercial Bank (RAP Paying Agent).....................................................................................
6.1.10 Municipal Administration (LGA)..................................................................................................
6.1.11 Contractor for Construction Of infrastructure..................................................................................
7 Grievance redress Mechanism...................................................................................................................................
7.1 Introduction..................................................................................................................................................
7.2 Likely Grievances........................................................................................................................................
7.2.1 Objectives of the Grievance Redressal Mechanism (GRM)...............................................................
7.2.2 Principles to Effective Grievance Redressal......................................................................................
7.3 Grievance Management Committees’ Structure, And Functioning..............................................................
7.4 Scope of Work of Grievance Management Committees..............................................................................
7.4.1 Compositions of various grievance management committees..........................................................
7.4.2 Dissemination of Committee’s Resolution.......................................................................................
7.5 Redressal Procedure...................................................................................................................................
7.6 Responsibility for addressing issues of GBV/SEA.......................................................................................
7.6.1 Identify Service providers for the GBV............................................................................................
7.6.2 Enhance the capability of all RAP Implementers in handling the GBV issues..................................
7.6.3 Coordination of SEA/GBV Reporting...............................................................................................
7.6.4 Suggested ways of reporting GBV / SEA..........................................................................................
7.6.5 Operationalization of the GBV redress.............................................................................................
7.7 Response to grievances..............................................................................................................................
7.8 Disclosure of Grievances.............................................................................................................................
7.8.1 Proper administration and internal records of complaints.................................................................
7.8.2 Securing personally identifiable information (PII).............................................................................
7.9 Monitoring Response to grievances............................................................................................................
8 Funding Arrangements...............................................................................................................................................
8.1 Funding sources..........................................................................................................................................
8.2 Budget Items...............................................................................................................................................
9 Monitoring and Evaluation........................................................................................................................................
9.1 Introduction..................................................................................................................................................
9.2 Verifiable Indicators for M&E.......................................................................................................................
10 Annexture......................................................................................................................................................................
ANNEX 1: Detailed of Issues Recorded from The Stakeholders’ Meetings..........................................................
ANNEX 2: Roles and responsibilities of RAP Team members.............................................................................
ANNEX 3: OUTLINES OF THE RESETTLEMENT ACTION PLAN and DDR......................................................
3.1 Indicative Table of contents for a Resettlement Action Plan (RAP)....................................................104
5. GRIEVANCE REDRESS COMMITTEES................................................................................................ 109
ANNEX 4: RESETTLEMENT/COMPENSATION CHECKLIST SCREENING FORM...........................................
Annex 5: List of Meetings Participants .................................................................................................................

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LIST OF FIGURES

Figure 1: Data Scheme of the Resettlement Policy Framework (RPF).........................................................21


Figure 2: number of LGAS under DMDP 2 and respective sampled LGAs based on the three
Categories.............................................................................................................................................................22
Figure 3: Components of Expert System........................................................................................................123
Figure 4: Stakeholder Identification Process................................................................................................125
Figure 5: Grievance flow Chart for liner projects.........................................................................................163
Figure 6: Grievance Flow Chart for Confined projects (facilities)..............................................................164

LIST OF TABLES

Table 1-1-1: Matrix of DMDP 2 Main components.........................................................................................15


Table 2: Typology Of Stakeholders Consulted...............................................................................................23
Table 3: Number of HIGH-RANKING meeting participants by gender....................................................24
Table 4: Number of Meeting Participants at LGAS by Gender....................................................................25
Table 5: Community members who participated in the consultation meetings by gender.....................25
Table 6: Structure of the RPF.............................................................................................................................26
Table 7: Comparison of Tanzania Laws and World Bank ESS5 Regarding Compensation and
Resettlement.........................................................................................................................................................33
Table 8: RAP Team- Description.....................................................................................................................121
Table 9 : scale of activities that will require land uptake.............................................................................127
Table 10: Different Categories of PAPs with Corresponding Losses.........................................................132
Table 11: Entitlement Matrix for Various Categories of PAP..................................................................134
Table 12: RAP implementation committees..................................................................................................153
Table 13: nature and type of Likely Grievances............................................................................................157
Table 14: Composition of grievances committees.........................................................................................160
Table 15: Sample of Budget template.............................................................................................................168
Table 16: RAP Monitoring Indicators.............................................................................................................170
Table 17: Roles and responsibilities of Team Members..............................................................................174

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ABBREVIATIONS

CBO’s - Community Based Organizations


CC - City Council
CSOs - Civil Society Organizations
DMDP - Dar es Salaam Metropolitan Development Project
DP - Displaced Person
EM - Entitlement Matrix
ESMF - Environmental and Social Management Framework
ESMP - Environmental and Social Monitoring Plan
ESS - Environmental and Social Safeguard Standards
FGD - Focus Groups Discussion
FP - Facilitating Partners
GBV - Gender Based Violence
GCRC - Gross Current Replacement Costs
GDP - Gross domestic product
GEM - Global Environmental Management Support
GIS - Geographic Information System
GoT - Government of Tanzania
GRC - Grievances Redness Committee
HIV/ - Human Immune Deficiency/Acquired Immune Deficiency Syndrome
AIDS
LGA - Local Government Authority
M&E - Monitoring and Evaluation
NGO - Non-governmental organization
NLUPC - National Land Use Planning Commission
PAP - Project Affected People
PAPs - Project Affected Persons
PCP - Participation and Consultation Plan
RAP - Resettlement Action plan
RFP - Resettlement Policy Framework
RIU - Resettlement Implementing Unit
SPCU - Sub- Project Coordinating Units
SSS - Social Safeguard Specialist
TC - Town Council
TSCP - Tanzania Strategic Cities Project
TSh - Tanzanian Shilling
ULGSP - Urban Local Government Support Program
VLD - Voluntary Land Donations
WB - World Bank
WBCU - World Bank Coordinating Unit

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GLOSSARY OF TERMS

Agricultural Laborer: A person employed to do-casual farm work usually for a period of days or
weeks

Agriculture: The practice of growing crops and raising of animals on land. .

Agricultural land: Any land under cultivation of crops and raising/rearing of animals

Building or Structure: a dwelling unit/house or anything constructed for habitation or housing of a


business enterprise or kitchen, toilet, kraal, etc.

Business Owner: An individual or group that owns assets of a firm and profits from them. A
business owner is someone who owns, runs or operates a business, whether big or small.
Usually, if they operate from their own premises they called “owners of structure and
business” and if from someone’s premise they become “tenant’s/renter business
owners”.
Commercial bank: a financial institution other than the Bank of Tanzania and the World Bank
currently operating in Tanzania which arranges and takes fixed deposits Corridor
of Impact (COI) or Way leave: Refers to the minimum land width required for roads and
overhead transmission lines

Cut-off Date: Date defined in the Valuation and Valuers Registration Act, 2016 as the date of
commencement of valuation, the day after which any person who occupies land
required for subproject use will not be eligible for compensation.

Developer: The developer is the subproject owner or sponsor (private or commercialized public). In
the case of DMDP 2 developer is the Government of Tanzania through its LGAs.

Dwelling unit: It may be defined as any structure – permanent, semi-permanent or traditional where
people live. This is irrespective of the size of the household and building size. A
household may contain one or several dwelling units.
▪ Permanent structure: Dwelling units built with durable materials
▪ Semi-permanent structure: Dwelling units lacking materials of a permanent structure
for wall or roof.
▪ Traditional structure: Dwelling units built with both thatched roof and mud walls

Dwelling (or Structure) owner: The owner of a dwelling unit/house or anything constructed for
habitation or housing of a business enterprise

Encroacher: A person who has violated property rights of others such as extending his/her building,
agricultural lands, business premises or work places into public/government land.
Entitlement Matrix: this is a major integrated part of any resettlement plan document.
It provides the bases of calculations of costs of impacted properties and sources of
earnings lost to people affected by the project in the process of planning for any
infrastructure development. It also puts forward the premises of formalizing eligibilities
of affected persons in receiving compensation for the loss of their properties and

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earnings and also other resettlement and rehabilitation assistances being packaged for
the beneficiaries through the project provisions
Entitled person (EP): A person who is adversely impacted by the project and is eligible for assistance
as per the project entitlement framework

Environmental and Social Management Framework (ESMF): The ESMF is a safeguard instrument
(document) that establishes a mechanism to determine and assess future potential
environmental and social impacts of productive investments of developers that have
successfully qualified under DMDP 2, and then sets out mitigation, monitoring, and
institutional measures to be implemented during the project cycle to eliminate adverse
environmental and social impacts, or offset or reduce them to acceptable levels.

Fruit trees: Any tree which is planted for fruit purposes are referred to as Fruit Trees. These include
all types of guava, oranges, tamarind, tangerine, lime, mangoes, lemon jack fruit etc.

Graveyard: Any area designated and being used as a burial site by the community.

Income: Income of the PAP shall mean the amount prior to the cut-off date from all
occupations/sources taken together calculated by an objective assessment.

Kiosk: A kiosk is a booth/stall/cabin/cubicle made of wood or iron or any other building material
which could be shifted to another location as a single unit without much damage and is used
for carrying out petty business/ commercial activities and has been in operation/existence prior
to cut-off date.

Land: includes the surface of the earth and the earth below the surface and all substances other than
minerals or petroleum forming part of below the surface, things naturally growing on the
land, buildings and other structures permanently affixed to or under land and land covered
by water (Cap 113, Tanzania). There are three categories of land in Tanzania as per S.4 of
Land Act Cap 113:
1) Village land which is any public land in which boundaries have been demarcated
under the Village Land Act of 1999. There are three sub-categories (i) Communal
village land (ii) Individual use and (iii)land for future use. Most village land is held
under customary/traditional rules.
2) Reserve Land which is statutory protected or designated land such as conservation
areas, national parks, wildlife reserves, forests, public recreation grounds
General land which is a surveyed land usually located in urban and peri-urban areas. Land Holder:
Means holder of a parcel of land either recognized under the provisions of Land Act No
4 ( General land) or the Village Land Act No 5 – (Village/Customary)

Market rate: A sale price rate of land determined by the Chief Valuer that reflects current open
market value of land
Permanent/perennial crop: Any crops planted that last for several years or continually recurring.
Examples include coconuts, cashew nuts, brad fruit, sugar cane, banana, coffee, cloves,
etc.

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Person: Includes an individual, a firm, a Company or an association or a body of individuals whether
incorporated or not;

Project: Refers to Tanzania Cities Transforming Infrastructure and Competitiveness Project (DMDP 2)

Project Affected Area: Refers to the area of a locality under a project for which land will be acquired
or for which land belonging to the Government/Project Proponent will be cleared of
encumbrances;

Project Affected People (PAP): Any tenure holder, tenant, Government lessee or owner of other
property, or non-titleholder (unauthorized occupant) who on account of the project has been
affected from such land or other property in the affected area. These people are affected
because they may lose shelter or be denied or restricted access to economic assets, income
sources, or means of livelihood.

Project Affected Household (PAH): A social unit consisting of a family and/or non-family members
living together, and is affected by the project negatively and/or positively.

Project Displaced Person (PDP): Any tenure holder, tenant, Government lessee or owner of other
property, or non-titleholder who on account of the project has been involuntarily displaced
from such land including plot or other property. A displaced person will always be a PAP, but
all PAP may not be PDP;

Rent: payment made in respect of use of someone’ property

Renter: A person who has made payment in respect of use of someone’ property

Replacement House Structure: House structure, with an area, quality, and location similar to or
better than those of the affected structure (ESSR5: 12.1)

Resettlement Action Plan (RAP):


A plan that provides a comprehensive set of actions for addressing impacts related to
involuntary resettlement, which includes physical and economic displacement, as well as
restrictions in access. It describes the procedures and activities that will be taken to
compensate for losses, mitigate adverse project impacts, and provide development benefits to
those who will be resettled or displaced as a result of a project or its subprojects.

Resettlement Policy Framework (RPF): Management instrument prepared by the borrower (for this
case the Government of Tanzania – PO-RALG to be implemented by developers to comply
with the resettlement or compensation management required by the subprojects under the
DMDP 2, which need to comply with the applicable provisions of ESS5. The framework
clarifies resettlement principles, organizational arrangements, and design criteria to be
applied to subprojects to be prepared during project implementation.

Shop: Means and premises where any trade or business is carried on and where services are rendered
to customers;
Seasonal / Annual crops: crops whose life cycle is completed within a season such as maize, ground
nuts, soya beans, pigeon peas etc

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Squatter: A person who has unlawfully occupies unused land irrespective of whether the land has
been planned or not planned.

Temporary Impact: Impact expected during implementation of the project in the form of earth spoil,
tremors and vibrations, etc. affecting land and structure or loss of access for a limited time

Tenant: A person who occupies land-/structure of another person on a lease agreement for a specified
time at an agreed periodical payment (rent).
.

Trees: Natural trees and exotic trees as contained in the Forestry Gazette, Government of Tanzania.

Unauthorized Occupant: Person occupying public land for livelihood purposes, cultivation, shop
without a grant of a lease. .

Vulnerable person/ Households: Persons/Households, who, by virtue of gender, ethnicity, age,


physical or mental disability, economic disadvantage or social status in the context of the
project, may be more adversely affected by displacement than others and, who may be
limited in their ability to re-establish themselves or take advantage of resettlement assistance
and related development benefits. They may include ultra-poor / poor households with
comparative low expenditure/consumption with high dependency ratio i.e. 1 fit or able-
bodied person with more than three dependents including: more than three members who
are elderly (above 65 years of age); more than three members between 0-18 years; members
with physical disability, chronic illness (HIV/AIDS, diabetes, paralysis); Members with
mental impairment.
Voluntary land donation (VLD): when land required for a sub-project is given voluntarily by an
owner who is appropriately informed and can exercise free will including refusing to donate.
In order to accept VLD, it must be proved that no individual household will be impoverished
by the land donation.

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EXECUTIVE SUMMARY
Background
Over the past ten years, PO-RALG has successfully implemented the Dar es Salaam Metropolitan
Development Project (DMDP), the Tanzania Strategic Cities Project (TSCP), and Urban Local
Government Support Program (ULGSP). The aim of the projects was to improve management,
planning and service delivery in 29 Urban Local Government Authorities (ULGAs). Given that two of
the three projects are set to close by 2020 (TSCP by November 26, 2020, and ULGSP by December 30,
2020), technical discussions with World Bank started in early 2018 to shape the future urban program
in Tanzania moving forward. It was proposed to consolidate the closing projects into a single
operation to better leverage synergies in activities aimed at strengthening urban management
functions. Implementation challenges were thoroughly reviewed during the project mid-term reviews
for TSCP (May 2017) and ULGSP (May 2016) and the proposed DMDP 2 will introduce measures to
address these challenges and build on the following lessons learned:

1. Defining the right incentives is critical. Urban management functions will not be strengthened
without the right incentives to improve performance.
2. The selection of priority investments should be informed by urban plans and master plans by ensuring
consistency between economic plans, urban plans and sector plans, and use additional selection
criteria for priority investments. These will include: (i) population size and density; (ii)
vulnerability to disasters; (iii) income levels; and (iv) lack of access to basic infrastructure and
services.

3. Urban performance grants will incentivize the implementation of environmental and social safeguards
instruments. Under DMDP 1, TSCP, ULGSP and Lower Msimbazi Upgrading Project LMUP) the
necessary safeguards instruments were developed.

As part of DMDP 2, The GoT intends to request a credit amounting to US$ 500 million for
implementation of the project within a period of six (6) years. The sub-projects proposed include
roads, waste management, bus stands, marketplaces among others. The execution of these sub-
projects will have both positive and adverse on the people inhabiting the project area.

Potential impacts
Positive impacts: The socio-economic impacts of the above listed subprojects will be mainly positive
and related to the improvement of the quality and standard of living of the urban population in the
project areas through upgraded infrastructure. During construction it is expected that large number
of people will access employment and business opportunities thus increase of their earnings.

Negative Impacts: Civil works construction and its implementation could result in various adverse
social and environmental impacts. On the social front, the key impact relates to the fact that some
activities will require involuntary resettlement, or ‘lands uptake’, which could lead to temporary/
permanent physical and economic displacement as well as restrictions on access and loss of shelter.
Other impacts are environmental including: (a) increased pollution with waste, noise, dust, exhaust
gases from fuel combustion products; (b) health and safety hazards and other problems resulting
from construction activities; (c) increased contamination of groundwater and surface water; (c) threats
to human health as a result of improper handling of heavy machinery during construction activities.

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Land Acquisition Processes
Where land acquisition is required, the Project needs to draw a strategy and implementation action
plan to secure land. Two broad methods of securing land envisaged under the Project are (i)
involuntary acquisitions and in few cases (ii) voluntary land donations

Voluntary donation is traditionally a well-accepted practice in community led initiatives as the


communities decide on the activities to be taken up under the Project. Yet, the Project lays out a series
of “Dos and Don’ts” to ensure that donations are indeed ‘voluntary’ and that the land donor is not
affected adversely as a result of the land donation. Involuntary land acquisitions, however, requires
much more focused and planned attention as it could result in economic and/ or physical
displacement and consequently several adverse impacts. However, impacts and risks are expected to
be much lower as subprojects are selected based on the less demand on land acquisition and they will
not require permanent physical displacement. The RPF therefore defines the procedures for: (i)
acquiring land (voluntary and involuntary after all technical alternatives have been exhausted), (ii)
dealing with any residual impacts from land acquisition [i.e identifying, establishing the valuation of,
and compensating people that suffer economic losses or loss of private property] (iii) defining
entitlements and eligibilities; temporary relocation framework, (iii) monitoring and verification that
policies and procedures are followed, and (iv) grievance redress mechanisms (v) funding
arrangements.
If part or all of the land to be used by the project were to be donated on a voluntary basis, without
payment of full compensation, this may be acceptable (Subject to prior World Bank approval)
providing PO-RALG demonstrates that: (a) the potential donor or donors have been appropriately
informed and consulted about the project and the choices available to them; (b) potential donors are
aware that refusal is an option, and have confirmed in writing their willingness to proceed with the
donation; (c) the amount of land being donated is minor and will not reduce the donor’s remaining
land area below that required to maintain the donor’s livelihood at current levels; (d) no household
relocation is involved; (e) the donor is expected to benefit directly from the project; and (f) for
community or collective land, donation can only occur with the consent of individuals using or
occupying the land; and (f) the implementing agency maintains a transparent record of all
consultations and agreements reached. Special care will need to be taken to document the process to
ensure that there is no coercion or pressure of any type for people to donate land to the project.

Need for the RPF


Towards the above, preparation of resettlement action plan (RAP) for implementation, is imperative.
However, preparing RAPs at appraisal is not possible as the subprojects will become known only
during the implementation phase. While the broad category of activities and impacts is foreseen,
exact magnitudes can become known only after detailed subproject designs are made. Hence,
towards preparing a RAP, Project preparation included the development of a Resettlement Policy
Framework (RPF). The key objective of the RPF is to provide a framework through which the project
will appropriately identify, address and mitigate adverse socioeconomic impacts that may occur due
to the implementation of subprojects that involve the involuntary acquisition of land and the
subsequent resettlement of affected families.
The RPF also serves the following specific purposes:
• Reviews the existing national legal framework, compares it with the World Bank
Environmental and Social Framework (ESF) for gaps, if any, and indicates gap-filling
measures;

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• Describes the approach to the securing private land, assets and other common property
resources;
• Specifies the scope of the project with a well-defined exclusion list;
• Defines the valuation process of impacted assets;
• Defines the process for preparation of RAPs and their review;
• Defines of the cutoff date for Title and Non-Title holders;
• Identifies the consultation mechanisms/approaches to be adopted while preparing and
implementing RAPs including public disclosures;
• Defines the monitoring and evaluation arrangements including Grievance Redress
Mechanisms (GRM); and
• Defines the institutional and implementation arrangements --role/responsibilities of different
stakeholders.
Subproject-specific RAPs will be prepared in accordance with this RPF(3 RAP Preparation). The
corresponding safeguards document for other social and economic impacts not associated with land
acquisition and restrictions is the Environmental and Social Management Framework (ESMF)and
Stakeholders Engagement Framework (SEF).

Guiding Legal Frameworks


This RPF is based on relevant National laws and Decrees as well as the World Bank ESS5. The
guidelines of the RPF apply to all DMDP 2 investments. The RPF applies to all economically and/or
physically displaced persons regardless of the total number affected by the severity of impact and
whether or not they have legal title to the land. Accordingly, the RAPs will need to include those who
have no recognizable legal right or claim to the land or assets they occupy or use. Particular attention
will be paid to the needs of such vulnerable groups like women-headed households, low-income
households, households headed by the elderly with no support, and households headed by physically
challenged people. RPF preparation has been participatory, based upon consultations with a variety
of stakeholders and the draft framework will be disclosed on stakeholders through disclosure
workshop.

There are some differences between the World Bank policies and Tanzania’s legislation in the sphere
of involuntary resettlement. The main discrepancies include: (i) providing detailed explanations of
entitlements to project affected households, (ii) provision of compensation based on market value
instead of full replacement cost, (iii) defining the cut-off date, and (iv) carrying out socioeconomic
surveys. To address these discrepancies, the RPF has been prepared by harmonizing to the extent
possible the two policies, establishing additional measures for those cases where the requirements of
ESS5 go beyond the ones of the national legislation. The World Bank ESS5 will prevail in cases of
differences in substance and/ or in the interpretation between WB and Tanzanian legislations.

Valuation of Assets
Valuation methods for affected land and assets be done at replacement1 cost as per WB-ESS5, that
state, when land acquisition or restrictions on land use (whether permanent or temporary) cannot be
avoided, the Borrower will offer affected persons compensation at replacement cost, and other
assistance as may be necessary to help them improve or at least restore their standards of living or
livelihoods. Meaning that in the case of physical displacement, the Borrower will develop a plan that
covers, at a minimum, the applicable requirements in ESS 5 regardless of the number of people
affected.

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Government procedure for valuation is for market value, as discussed in the
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Replacement cost: Replacement cost is the principle to be complied with in compensating for lost
assets as per Table 6(4). Thus, the Valuer should conduct analysis of the valuations calculated under
Tanzanian laws and establish variation factors to bridge the gaps. It has been noted in most cases that
GoT rates are rarely tallying with the requirements of the replacement cost.

Entitlement Matrix (EM)


Each subproject needs to be screened for social impacts based on the given designs for the proposed
improvements to determine if there are any impacts that require the preparation of the RAP that
entitles the Project Affected Persons (PAP) to resettlement assistance. Based on the harmonization
efforts and the impacts likely to occur, an Entitlement Matrix (EM) has been developed, that
summarizes the types of losses and the corresponding nature and scope of entitlements.
Compensation and rehabilitation assistance for various categories of losses based on the tenure and
magnitude of impact has been provided. Additional assistance to vulnerable, reimbursement of
transaction costs in relation to those who receive land for land compensation are some of the
provisions contained in the EM.

Defining Cut Off date


In order to ensure that ineligible persons do not take the opportunity to claim eligibility, a cut-off date
will be established. The cut-off date will be the last date of the census. It is a date after which people
who are not included in the list of Projects affected persons (PAPs) as defined by the census will not
be considered eligible for compensation. The replacement value of houses, buildings and other
immovable properties will be determined on the basis of market value as on date without
depreciation. Compensation for trees will be based on their market value and compensation for the
loss of crops, fruit-bearing trees will be decided by the Agricultural Department at respective
districts. Prior to taking possession of the land or properties, the compensation will be fully paid and
PAPs will have the opportunity to harvest crops/trees within 30 days from the date of payment of
compensation.

Stakeholders Engagement
The involvement of PAPs during the planning stage and prior to the commencement of construction
activities is critical. The PIU, with the support of LGAs, will be responsible for workshops and
sensitization meetings with relevant Stakeholders to each subproject prior to completion of the site-
specific RAP. Consultations with PAPs will be conducted through meetings facilitated by both PIU
and RAP developing Consultant. Any legitimate issue raised through the public consultation should
be included in the RAP document. The concerns of PAPs will be taken into account and reflected in
subproject implementation. The stakeholder’s engagement and consultations will be guided by
ESS10.

Grievance Redress Mechanism


The project will establish a Grievance Redress Mechanism (GRM) which would function at four-levels
to receive, evaluate and facilitate the resolution of displaced person's concerns, complaints and
grievances. GRM has been developed based on the existing complaint handling mechanism which
specifies in detail the resettlement management including implementation arrangement and the
review processes.

Funding sources and arrangements


In order to implement the Resettlement related measures, budgetary provisions will be made
available, in terms of each subproject. Budgetary estimation for subproject in resettlement

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implementation is necessary, this includes resettlement management. Accordingly, land acquisition
and resettlement expenses for consultation and participation, grievance redress, the cost of relocation,
income restoration, transitional allowance, livelihood program, monitoring and evaluation,
administration, contingencies etc. will be included as cost estimates for social management. LGAs will
provide an adequate budget for all land acquisition compensation. The budget estimates and its
sources will be reflected in RAPs. The World Bank loan will not be available for land acquisition
compensation paid in cash. The loan will be available, if required, for rehabilitation and livelihood
restoration activities entailing costs such as works, purchase of goods and services.

Monitoring and evaluation


PIU will be responsible for concurrent Monitoring and Evaluation (M&E) of RAP implementation.
The M&E will include monitoring and verification of processes and activities in RAP implementation
and will prepare and submit to the Ministry quarterly reports. if any, identified mid-course
corrections, as appropriate, will be made.

This Resettlement Policy Framework will be updated when changes or amendments to the applicable
laws and policies are made and based on implementation experience and lessons learned.

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1 PROJECT GENERAL CONTEXT

1.1 Assignment

The Government of Tanzania (GoT), through President’s Office, Regional Administration and Local
Government (PORALG), is planning to engage an Individual Consultant with vast experience for the
preparation of the Resettlement Policy Framework (RPF) for investments in Dar es Salaam Region.
These investments are expected to be implemented under the proposed second phase of the Dar es
Salaam Metropolitan Development Project (DMDP Phase 2). The project will be implemented by the 5
Dar es Salaam Local Authorities (DLAs) (i.e., the Municipal Councils (MCs) of Kinondoni, Ubungo,
Temeke and Kigamboni, and the Dar es Salaam City Council (DCC)).

1.1 1.2 Context


Over the last twelve years, PORALG has successfully implemented the Tanzania Strategic Cities
Project (TSCP), which was closed on December 31, 2020, the Urban Local Government Support
Program (ULGSP), which was also closed on December 31, 2020; and the Dar es Salaam Metropolitan
Development Project (DMDP), which was recently closed on January 2, 2023. Together, these projects
aimed to improve management, planning, and service delivery in 29 urban Local Government
Authorities (LGAs). As these projects were approaching closure, technical discussions got underway
in 2018 between the World Bank, PORALG, and other key stakeholders to shape the future urban
program in Tanzania moving forward. For TSCP and ULGSP, it was proposed to consolidate these
into a single operation to better leverage synergies in activities aimed at strengthening urban
management functions and address challenges observed during their implementation, and hence the
DMDP PHASE 2project was conceived and went through a period of preparation resulting in its
approval on June 13, 2022, and its effectiveness on October 7, 2022, to cover 21 LGAs in the first phase
and 24 LGAs in the second phase through additional financing (a total of 45 LGAs).

Regarding the DMDP, this was designed as a Series of Projects (SOP) to support the long-term
development of the Dar es Salaam Metropolitan (Dar Metro) region. The recently closed DMDP was
the first in a series aimed at addressing urgent infrastructure demands for basic services, urban
mobility, and flooding in the Dar Metro region, as well as the need for support to develop the
institutional structure and capacity to manage the future megacity of Dar es Salaam.

The Project Development Objective (PDO) of the first phase of the DMDP was to improve urban
services and institutional capacity in the Dar es Salaam Metropolitan Area and facilitate potential
emergency response. The main components of this recently closed project addressed infrastructure
development, including rehabilitation/construction of roads, flood control & storm water drainage,
upgrading of infrastructure for low-income communities in unplanned settlements, and enhancement
of other key urban services to a limited extent, leaving Dar es Salaam in need of more such efforts to
have an appreciable impact on the challenges currently facing the Dar Metro Area.

While DMDP Phase 1 has delivered transformational improvements at the neighbourhood level, a
significant infrastructure backlog remains and Dar es Salaam’s ability to meet the demands of a
livable and economically productive metropolitan area still constrained. As the city expands and
densifies, engineering solutions are needed to improve storm-water conveyance but also nature-based
solutions (NBS) to restore natural drains and reduce erosion and sedimentation, increase green cover,
and improve infiltration before water enters drains. Solid waste generation is increasing
15
exponentially, and current services have large service gaps especially in informal areas and disposal
is inadequate and often-times inaccessible.

The second phase of the DMDP entails at : (i) increasing coverage of project activities to include the
newly established Ubungo and Kigamboni Municipalities of Dar es Salaam; (ii) implementing
infrastructure sub-projects that were planned to be executed under DMDP Phase 1 but could not be
accommodated due to financing limitation; (iii) make further interventions to address the still
unaccomplished high demand for infrastructure development by extending coverage into remaining
areas of Kinondoni and Temeke Municipalities, and the Dar es Salaam City (formerly Ilala
Municipality) including roads, flood control & storm water drainage, infrastructure facilities in
unplanned settlements and other key urban services; and (iv) establish city-wide solid waste
management systems and supportive infrastructure & landfill facilities.

1.2 1.3 Project Descriptions

The Project Development Objective (PDO) of the second phase of the DMDP (DMDP Phase 2) is to
improve urban services and institutional capacity and strengthen climate resilient development in the
Dar es Salaam Metropolitan Area. DMDP Phase 2 will include the following project components are
presented in the table below:

TABLE 1-1-1: MATRIX OF DMDP 2 MAIN COMPONENTS

Component Number Description

Component 1: Climate- This is a program of priority investments to address urban


Smart Priority infrastructure gaps in a way that responds to increased hazards and
Infrastructure risks from climate change and urbanization and helps reduce
greenhouse gas emissions. The focus is on improving urban mobility
and adapting to climate change by financing: the construction of feeder
and local roads (sub-component 1.1), storm-water drainage
infrastructure (sub-component 1.2), parks and open spaces (sub-
component 1.3), and area based urban development sub-component
1.4). Through a combination of conventional engineering technologies
(grey infrastructure) and nature-based solutions (green and blue
infrastructure), the four sub-components will work together to reduce
travel times within the city, reduce urban flood and water scarcity risks,
and mitigate the urban heat island effect (UHI). Urban greening will
also contribute to carbon sequestration, while the transport
infrastructure will help avoid greenhouse gas emissions by enhancing
connectivity between the BRT corridors and non-motorized transport.

Sub-Component 1.1: This sub-component will address traffic congestion and reduce travel
times in the capital with design that is climate resilient. It will connect
Resilient Transport employment and population hubs, low- income communities and BRT
Infrastructure stations, through an improved network of local and feeder roads.
Pedestrian and cyclist infrastructure will be incorporated into the
feeder road design, increasing the accessibility and connectivity with
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Component Number Description

the BRT system. Designs will incorporate flood hazard risk modelling
and include roadside drainage that utilizes a mix of grey and green
infrastructure and will incorporate greening and other measures
targeted to reduce erosion and promote cooling.

The sub-component will finance: (i) upgrading and construction of


priority sections of the local and feeder road network; (ii) upgrading
and construction of bridges; and (iii) construction of pedestrian paths,
cycle lanes and paths, solar street lighting, street trees, roadside drains,
greening and erosion control infrastructure.

Sub-Component 1.2: This sub-component will build resilience to annual urban flooding
Resilient and Green events that are expected to worsen with climate change. Incorporating
drainage Systems sustainable urban drainage systems (SUDs) the approach is to expand
capacity of the drainage network and allow for flood water retention.
The investments will include systems that encourage water retention
and infiltration into groundwater to attenuate flood peaks, increase
groundwater recharge and reduce erosion. The designs will include
greening that will help sequester carbon and reduce urban heat.

The sub-component will finance strategic drainage investments


including: (i) construction of stand-alone drains using a combination of
grey and green drainage infrastructure; (ii) water detention, retention,
and infiltration basins; (v) sediment traps; (iii) sustainable urban
drainage system features (soakaways, tree planting, swales, berms,
green roofs, filter drains, riprap and other erosion control structures).

Sub-Component 1.3: Parks This sub-component will increase parks and open spaces throughout
and Open Space the city. The approach is to provide multifunctional green-spaces
which: i) address deficiencies in public open space for leisure and
recreation; ii) provide green and blue corridors for non-motorized
transport connections; and iii) enhance urban storm-water
management. This subcomponent will improve quality of life, expand
mobility, mitigate flood risk, sequester carbon, reduce erosion and the
UHI effect in Dar es Salaam.

The sub-component will finance the design and construction of new


parks and public open spaces, including: (i) landscaping and greening;
(ii) recreational features; (ii) utilities and buildings; (iii) paths for
cycling and walking; (iv) sustainable urban drainage system features
(soakaways, tree planting, swales, berms, green roofs, filter drains,
riprap, and other erosion control structures).

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Component Number Description

Sub-Component 1.4: Area This sub-component will provide infrastructure that supports compact
based urban development. city and TOD through strategic location of community services,
facilities, markets, BRT or feeder bus stations and commercial
development to support reduced travel times and multi-purpose urban
areas.

The sub-component will address geographic deficiencies in urban


infrastructure by providing works including: (i) local roads, drainage,
street lighting, public spaces, landscaping, and utilities services; (ii)
upgrading and construction of public markets; (iii) bus stands; (iv)
health clinics, childcare centers, and government services. A strategic
approach to identify and undertake urban planning of the area to
encourage local economic development, improved safety, security, and
accessibility to public transit.

Component 2: This Component will develop an integrated solid waste management


Metropolitan Solid system for Dar es Salaam. The system will ensure safe handling and
Waste Management disposal of waste and implementation of recycling, and resource
Infrastructure and recovery technologies that aims to reduce reliance on landfills, increase
Services recovery of resources to support livelihoods, reduce plastic litter
leakage, and reduce greenhouse gas emissions. The system would be
designed with the goal of climate mitigation when you consider the
emissions from landfill and closed dumpsites and transport offset by
renewable energy generation, recycling and waste recovery systems.

The component will finance: (i) construction of new landfills; (ii)


closure of dumpsites considering feasible options for solar energy
production or landfill gas capture; (ii) construction of transfer stations;
(iii) construction of recycling, composting or other waste treatment
systems and financing of programs to support them; (iii) results based
financing for solid waste collection, disposal and recycling systems; (iv)
institutional strengthening and legal reform to support the
development of an inter-municipal solid waste management
organization for Dar es Salaam; (v) support to informal waste sector
integration and alternative livelihoods.

Component 3: This component will be implemented by PORALG and will focus on


Strengthening Urban strengthening new and existing institutions and building capacity to
Institutions (US$28.3 achieve improvements in urban and emergency planning, services and
million) infrastructure, enhancing the sustainability of investments made
through Component 1 and 2 and mainstreaming climate friendly urban
planning, infrastructure and services. It will include, inter alia: (i)
Strengthening of service delivery and sustainability for municipal and
city-wide services targeted under components 1 and 2. It will review
and reform human resources, organization, protocols and procedures,
IT systems; revenue and billing, asset management and maintenance
arrangements; (ii) Strategic Service and Infrastructure Planning and
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Component Number Description

Standards would be undertaken, financing the updating of existing


infrastructure and service plans (drainage, roads, green spaces,
markets), improving mechanisms of infrastructure coordination and
design of new investments that incorporate climate change and related
innovations proposed under component 1 and 2. It will also finance the
updating or establishment of infrastructure and design standards to
incorporate these elements including updating by-laws, guidelines and
other legal instruments; (iii) Strengthening urban planning through
preparation of urban plans (land use plans and surveys, hazard
informed planning); improving organization, by-laws and regulations,
procedures and processes and IT tools for urban development controls.
It would also finance strengthening of the city-wide master planning
process; (iv) Emergency Response Planning would be strengthened
through support of the operation of regional governments emergency
response team and community level emergency plans.

Component 4: Project This component will finance the direct costs of management and
Management (US$15.7 operation of the project to ensure smooth delivery and compliance with
million) World Bank policy and guidelines. It will provide support to the
President’s Office – Regional Administration and Local Government
(PORALG), DLAs, and the Dar es Salaam City Council Project
Implementation Unit (PIU) for continual project supervision,
environmental and social monitoring, fiduciary management and
auditing, office operating costs. Given the large number of stakeholders
and criticality of stakeholder engagement in both planning and
implementation of the project activities, this component will also
finance public communications activities, stakeholder coordination,
implementation completion report and preparation of additional
investments.

1.3 Potential Social Economic Impacts Under DMDP 2 Subprojects

Positive impacts: Generally, Construction /improvement of road infrastructure and other social
amenities will tremendously have positive impacts to the communities surrounding the project areas
and Dar salaam dwellers. The following are the anticipated project positive impacts:
 Reduction of traffic jams that has been affecting the movement by increasing travel time
to various places such as connecting to the city centre, administration offices and social
services such as schools, health services, travelling (airport, bus stand) to mention few.
 Improved road will reduce transport costs for both people and goods from whole sellers
at business hubs like Kariakoo, Kitumbini, Tandale, Buguruni etc.
 Increased transport-based business opportunities through increased investors in
transport modes attracted by the reduced travel time and vehicle operation costs.

 Increased employment opportunity to transport operators, waste management and value


chain,

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 Increased level of clientele to various business places, markets and hospitals due to
improved facilities and increased accesses and road safety brought by the improved road.

 The roads will also attract businesses in two ways. First, it will facilitate easy
transportation of local commodities/ agricultural and fish products Secondly, the project
will attract flow of investors and other people with skills who will invest in industries
and business; this will increase availability of jobs, goods and services at a reduced price
and accelerate development in the project area.

 During construction of various sub projects (roads, markets, major drains, solid waste
land and fill transfer stations) there will be employment opportunities to local people
(youths and women) either directly or indirectly. Through employment local people will
acquire capital for further investments. Indirect impact is for women to carry out
businesses such as selling of food staff to the road construction employees and casual
labour employment.
 Stimulation of technology and skills is another positive impact. There will be interaction
and exchange of technology between the local people and the new immigrants hence
stimulate the adoption of new technologies.
 Been in Dar es salaam the implementation of DMDP 2 will have tremendous positive
impacts on the wards and municipal economy and the entire nation.

Negative Impacts: Civil works implementation could result in various adverse social and
environmental impacts. On the social front, the key impact relates to the fact that some activities will
require ‘lands uptake’, which could lead to temporary/ permanent physical and economic
displacement as well as restrictions on access. Other impacts are environmental including: (a)
increased pollution with waste, noise, dust, exhaust gases from fuel combustion products; (b) health
and safety hazards and other problems resulting from construction activities; (c) increased
contamination of groundwater and surface water; (c) threats to human health as a result of improper
handling of heavy machinery during construction activities.

The field observation and consultations with community members have recorded the
following anticipated adverse social and economic impacts:

▪ Environmental degradation resulting from noises, dust, tree cutting, soil erosion and air
pollution. There is a general complain that storm water drainages have been continually
eroding and causing erosion along the road and split storm water at residential areas.
▪ Increased traffic along the road is likely to increase road accidents, which will affect both
adults and children.
▪ Influx of job speculators from other parts of Dar es Salaam and neighboring regions will
increase interaction, consequently an increase in HIV/AIDS infections. The presence of
HIV/AIDS will likely increase the number of orphans in the project area. Infidelity
among job speculators and local people may lead to divorce and separation of some
families.
▪ Destruction and removal of graves and other cultural heritage sites
▪ Reduced sizes of commercial land such as Open Public space and Parking spaces leading
to reduced level of clientele to various businesses.
▪ Impacts on residential and commercial structures
▪ Temporary disruption of access to feeder roads due to execution of construction works

20
▪ Temporary obstructed access to social services market places
▪ Temporary restricted access to Transport fetch points due to relocation of (Bodaboda,
Bajaji Daladala, Taxi, Trucks).
▪ Disruption of businesses and incomes for road side outlets/ vendors, waste pickers.

1.4 Need for The RPF (Rationale)

For some of the selected sub-projects land will be required, causing involuntary resettlement which
includes physical and/or economic displacement, and land use restrictions. The Project will therefore
need to draw a strategy and implementation action plan to secure lands and manage the impacts of
resettlement in accordance with the provisions of ESS5. The project envisages for broad approaches of
impacted PAPs in acquiring the land (i) those to be subjected to involuntary acquisitions and may
therefore be physically and/or economically displaced (ii) those who may be temporarily losing
access to their land (iii) current users of land who will have to relocate elsewhere (iii) Livelihoods
Restoration of the displaced population (waste pickers). Notwithstanding the fact that most LGAs in
the project areas had already set aside land for implementation of the sub projects as part of their own
initiatives for preparation of investments, it is still imperative that an action plan is put in place to
address potential needs of further land. Under DMDP 2, in all 5 LGAs there will be a need to conduct
and prepare a due diligence report that will explain the situation in broad category of activities
impacts viz preparing RAPs. Hence need a framework to guide issues associated with land take.

1.5 Objectives of The Resettlement Policy Framework

The key objective of the Resettlement Policy Framework is to provide a framework to appropriately
identify, address and mitigate adverse socioeconomic impacts that may occur due to the
implementation of subprojects that involve the involuntary acquisition of land and the subsequent
resettlement of affected families. The RPF also serves the following specific purposes:
▪ Reviews the existing national legal framework, compares it with the World Bank
Environmental and Social Standards (ESS 5) for gaps, if any, and indicates gap-filling
measures;
▪ Describes the approach to the securing private land, assets and other common property
resources;
▪ Specifies the scope of the project with a well-defined exclusion list;
▪ Defines the valuation process of impacted assets;
▪ Defines the process for preparation RAPs and their implementations;
▪ Defines of the cutoff date for Title and Non-Title holders;
▪ Identifies the consultation mechanisms/approaches to be adopted while preparing and
implementing RAPs including public disclosures;
▪ Defines the monitoring and evaluation arrangements including Grievance Redress
Mechanisms (GRM); and
▪ Defines the institutional and implementation arrangements --role/responsibilities of different
stakeholders. Subproject-specific RAPs will be prepared in accordance with this RPF. The
corresponding safeguards document for other social and economic impacts not associated
with land acquisition and restrictions is an Environmental and Social Management
Framework (ESMF).

1.6 RPF Preparation Methodology

21
The preparation of the RPF is also based on the experience of previous experience in other
similar projects. The discussion with the concerned bodies included information about the
Tanzania Laws, views on the application methods and timing of execution. Moreover, the
desktop review of various data sources was also used. This RPF will be updated when changes
or amendments to the applicable laws and policies are made and based on implementation
experience and lessons learned.

FIGURE 1: DATA SCHEME OF THE RESETTLEMENT POLICY FRAMEWORK (RPF)

1.6.1 Desk work and review of documents


A desk review of relevant literature was conducted including:
TACTC project brief (2020); laws and legislatives governing various sub sector projects and in
relation to land acquisition and resettlement; World Bank ESS 1-10; Districts Social economic
profiles of the LGAS under DMDP 2. Additional data were also gathered from the completed
studies of the similar nature RPF for the TACTIC and DMDP 1 projects as well as other reports on
resettlement around the existing facilities in Tanzania and along the sub-Saharan region, journals.
22
1.6.2 Site visits for Reconnaissance
Sampling was based on the LGA. Each LGA had equal chances of representation. Sample areas
were identified also based on the uniqueness of the projects. For the purpose of sampling the
subprojects were categorized as follows:

Type A: linear projects mainly roads and major drains


Type B: Confined projects mainly markets, bus stands, health facilities, community parks
Type C: Comprises of solid waste facilities mainly collection points transfer stations, new dump
sites as well as old dump sites
The sample size was drawn in a stratified method to ensure representation of all types of projects.
Figure below presents number of LGAs per each category and respective sample size of the selected
areas for site visits.

FIGURE 2: NUMBER OF LGAS UNDER DMDP 2 AND RESPECTIVE SAMPLED LGAS BASED ON THE THREE
CATEGORIES

Sub projects CLUSTERS

Sub Project Type TYPE A TYPE B TYPE C

MUNICIPAL 05 05 05

WARD 73 20 70

SUB WARD 150 15 80

TOTAL SUB
123 25 60
PROJECTS

SAMPLE 50 10 30

1.6.3 Consultations with stakeholders


Based on the proposed sub-project lists and categories, a number of stakeholders were identified
for consultation. The purpose was to ascertain their relevance and roles during RAP preparation
and subsequently implementation. Interactions with Municipalities and stakeholders’
consultations. The project meeting and other preliminary interactions with these key stakeholders
will enable to gain a broad understanding of the project features and subsequently define the
scope of RPF.

TABLE 2: TYPOLOGY OF STAKEHOLDERS CONSULTED

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Stakeholder type Importance in the Project /RAP How they were
involved
Members of Parliament, Government agencies are a key group of ▪ Meetings
Municipal Directors, stakeholders, fundamental for the feasibility of the
PIU members, project and the efficiency of its development. The
Consultants, Members complexity of the project plan affects different
of Parastatal areas, requires acknowledgement and coordinated
organizations and implication of several departments of the
regulatory authorities administrative corpus.
(NEMC, TANROADS,
TARURA, DAWASA,
TANESCO)
Project Affected People These are people that are directly involved as they ▪ Meetings,
(PAPs (Mainly were would have to be involuntarily resettled the land ▪ FGD
traders in the markets, they own/use. To avoid complaints and grievances ▪
dala dala drivers, boda in future about the level and nature of
boda and taxi drivers, compensation, these had to be consulted. During
waste pickers from the the focus group discussions, efforts were made to
dumping places, workers pick the information from the PAPs (both males
porters and vendors in the and females).
markets)
Communities along the These are communities that may not be directly ▪ Meetings
proposed roads affected but form part of the community. They
(Commercial sector) need to know about and appreciate the green
including transport corridor plan. Also, during construction stage
operators and vendors: these persons might experience impact on their
parcels that are outside the wayleave.
Communities that live near or within the ROWs
are worthwhile stakeholders because the planned
intervention may affect motorized traffic access for
costumers, workers and goods. Therefore, the
participation of the commercial sector and other
economic agents is very important.
CBOs: (Drivers NGO/CBO leaders, have a lot of experience as ▪ Meetings,
Associations, markets such they form a group of collaborating ▪ FGD
associations,) agencies /strategic alliances to gain support,
advice or prepare/schedule engagement activities
with other stakeholders.
Municipal Councils These are the “major beneficiary” of the Project as ▪ Meetings,
it is whose assets that are being upgraded and ▪ Interviews,
expanded. Communities across the project area ▪ Online through
relate all project benefits as being done by emails and
councils. It is also a major stakeholder because telephone,
eventually will be dealing with collecting ▪ checklists
revenues from the newly constructed and
effectively operating infrastructure. Councils
demonstrated a lot of experience in resettlement
because and it had been consulted to understand

24
Stakeholder type Importance in the Project /RAP How they were
involved
what it thought were important issues to consider
in the RAP.
It has been established that councils have
database of the vendors around the markets,
transport operators who are legally operating and
eligible for income restoration. councils will
spearhead the communication with PAPs on all
stages of RAP development

1.6.4 Meetings with Stakeholders


RPF has been prepared following extensive consultations with a variety of stakeholders in the
LGAs. These consultations were conducted in three levels: as follows
(i) High Ranking level: the consultation involved Members of Parliaments, Municipal
Directors, PIUs and Consultants.
The meeting at high decision-making level was held on the 1st June, 2023 at Kisenga hall
millennium tower, and was attended by 74 people from various categories listed in table
below.
TABLE 3: NUMBER OF HIGH-RANKING MEETING PARTICIPANTS BY GENDER

Municipal No Member Of Other Position Total Male Female


Parliament
ILALA 2 12 14 12 2
KINONDONI 1 15 16 11 5
TEMEKE 1 10 11 3 8
KIGAMBONI 1 10 11 9 2
UBUNGO 1 15 16 14 2
MASSMEDIA 0 3 3 3 0
CONSULTANS 0 3 3 2 1
Total 6 6868 74 54 20

Take away from the meeting:


 Compensation for the affected assets was a serious concern from the Municipal
Directors. That the project money should consider compensation as part of the
project. The reason is due to inability of the LGAs to mobilize funds for timely
payment of the compensation.
 Solid waste management should be properly studied to ensure proper planning of
the waste management systems from household level to the dump site. Moreover, the
existing damp site of Pugu Kinyamwezi need thorough study to understand how the
area could be utilized. Given that the existing site has utilized only 20% of the
earmarked area.
 Inter-ministerial communication should be enhanced under SEP to ensure proper
flow of information to ensure smooth implementation of the various activities under
DMDP 2 . Thus, all stakeholders should be involved eg, District Commissioners,
TAZAMA, TAZARA, GAS, RAILWAYS as well as smart cities.

25
 Implementation of activities should start with the projects that have no resettlement
requirements. Systematically involving the ones with resettlement as per
compensation and site clearance processes moves on.

(ii) Meetings with LGAs councilors, Ward executive Officers and The Mitaa leaders
Meeting at community level included the local communities, Markets Committee Members,
LGAs and relevant Government parastatals as well as NGOs/CBOs. Feedback obtained from
the consultations have been incorporated into designing the project’s institutional and
implementation arrangements. ESMF and RPF preparation has been highly participatory. The
stakeholders’ expectations and the related issues/ concerns have been taken due note of while
preparing these instruments. Subsequent to the production of the final version disclosure
meeting(s) will be held; responses evinced will be ploughed into finalizing the reports. ESMF
and RPF documents will be published on the PO-RALG website and will be further published
on the external WB website

26
A number of formal public meetings were held in each of the visited LGA. Minutes of meeting
were recorded and documented accordingly following accepted best practices.

TABLE 4: NUMBER OF MEETING PARTICIPANTS AT LGAS BY GENDER


Municipal Venue Date Total Male Female
ILALA Arnoutoglou Hall 06th /6/ 2023 239 175 64
KINONDONI Municipal Hall 07th /6/ 2023 110 70 40
Twiga Hall Mbezi Chini 07th /6/2023 103 66 37
TEMEKE Iddy Nyundo Hall 08th /6/ 2023 219 164 55
KIGAMBONI District Hall 12th /6/2023 216 159 57
UBUNGO Municipal Hall 13th /6/ 2023 122 74 48

(iii) Meeting with community members including the subproject beneficiaries and potentially affected
people table below presents number of stakeholders who were consulted.

TABLE 5: COMMUNITY MEMBERS WHO PARTICIPATED IN THE CONSULTATION MEETINGS BY GENDER

Sub Project Date Stakeholders Total Males Females


Dump sites 15th /6/2023 Waste Pickers 26 12 14
Pugu 16th/6/2023 Mitaa Leaders 4 2 2
Kinyamwezi 17th /6/2023 Community 18 11 7
18th /6/2023 Management 2 2
Roads Projects 19th /6/2023 Ubungo 71 53 18
Community 20th/6/2023 Kigamboni 40 28 12
members 21st/6/2023 Kinondoni 41 14 37
22nd/6/2023 Ilala 35 25 10
23rd/6/2023 Temeke 31 21 10

Issues raised during LGAs meeting and community meetings are included in annex 1 while list of
participants are presented in annex 5.

1.6.5 Recognizance of the Project Areas

Subsequent to secondary data collection the RPF team carried out site reconnaissance survey along
the selected project sites. The site visits were guided by check lists geared to collect information
through discussions with LGAs teams, various groups especially the vendors in the operating
markets, discussions with key informants and knowledgeable persons of the areas. The inputs from
the reconnaissance and preliminary data collection exercise increased the understanding on the
scale of the potential impacts involved in the project and sub - projects; communities’ perceptions
and expectations and information gaps; settlement patterns within demarcated land (areas) and
various economic activities that will likely be affected by the construction works; the cultural and
restricted areas in the communities enroute; various use of the earmarked land plots for
construction of the sub projects infrastructure; existing features within the right of way including
trees/crops, structures both private and community.

1.7 Structure of the RPF


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The structure of the report is presented in Table below:

TABLE 6: STRUCTURE OF THE RPF


Chapters Brief Description of Contents
1 General Context: Project Development Objectives; Project Description;
Geographical Coverage of the DMDP 2 Project; Project Potential Environmental
and Social Impacts; Objectives of the Resettlement Policy Framework;
methodology of preparation of the RPF; viz, structure of the RPF
2 Legal Frameworks: Introduction; Applicable National Laws and Policies; The
World Bank ESS Standard 5 on Land Acquisition, Restrictions on Land Use and
Involuntary Resettlement; Ess10 Stakeholder Engagement and Information
Disclosure; Principles of Resettlement Policy Framework; and Comparison of
National Legislation and WB ESS5.
3 Guidelines for RAP Preparation: RAP Preparation in the Project Cycle; Screening
process, Methodology for RAP Development; Method to Determine Cut-off
Dates; Methods for Database Design; Stakeholder Engagement and community
consultations; Methodology for Asset Inventory (Land Acquisition); Census, And
Socio-Economic Survey; Framework for Valuation; Videography/Drone footage
4 Eligibility and Entitlement Frameworks; Defining Affected Population (affected
Persons); Entitlement Matrix; Eligibility for Community Compensation;
Disclosure and signing of Compensation Agreement; Updating Database post-
Disclosure Draft RAP preparation.
5 Organizational Arrangements and Procedures for Delivery:
Organizational Arrangements – Role and responsibility; Organizational structure
6 Grievance redress Mechanism: Types of likely grievances and the need for a
grievance’s redressal mechanism and grievance mechanism - processes and
procedures in resolution and roles and responsibilities; Monitoring Response to
grievances
7 Funding Arrangements, budget template
8 Monitoring and Evaluation: activities, inputs, outputs and outcomes
Annexure This contains other relevant information: Annex 1: List of the subprojects; Annex
2: issues raised in consultation meetings 3: Roles and responsibility of RAP team;
Annex 4: screening forms /checklist; Annex 5 RAP outlines

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LEGAL FRAMEWORK

2.1 Introduction
Tanzania has good policy, legal and institutional framework for management of land and property
acquisition and compensation enshrined in the National Constitution, the Land Policy and Land Acts
as well as supporting local laws and by-laws. DMDP 2 project will comply with both National Land
Policy and the Word Bank Environment and Social framework (ESF).

This section covers national legislative and institution framework and World Bank Standards
governing Land, resettlement and compensation relevant to the DMDP 2s project. The ESS5 requires
that subprojects under DMDP 2 to be implemented in a manner that does not compromise land,
resettlement and compensation.

2.2 Applicable National Laws and Policies


The following policy and legal instruments provide guidance for acquisition of land and associated
properties and compensation and resettlement procedures in Tanzania.

Constitution of the United Republic of Tanzania (1977 - as amended): The Constitution provides for
the protection of the rights and interest of citizens in matters concerning their property and
acquisition. Under article 24 (1), every person is entitled to own property, and has a right to the
protection of his property held in accordance with the law. Sub- article (2) prescribes that it is
unlawful for any person to be deprived of property for any purposes without the authority of law,
which makes provision for fair and adequate compensation.

National Land Policy (1997): The overall aim of the National Land Policy among other things is to
promote and ensure a secure land tenure system in Tanzania that protects the rights in land for all its
citizens. The policy provides that a dual system of tenure, which recognizes both customary and
statutory rights of occupancy as being equal in law be established. The Land Policy directs that land
be graded as a Constitutional category and that the following basic land policy tenants be entrenched
in the Constitution to ensure continuity:

i. All land in Tanzania is public land vested in the President as trustee on behalf of all citizen
ii. Land has value
iii. The rights and interest of citizens in land shall not be taken without due process of law.
iv. Full, fair and prompt compensation shall be paid when land is acquired.

The compensation should be paid to any person whose right of occupancy or recognized long
standing occupation or customary use of land is revoked or otherwise interfered with to their
detriment by the state and the Acts or is acquired under the Land Acquisition Act Cap 118. In
principle the Minister responsible for land matters is the sole authority in land issues. The Act
stipulates involvement of the public and private institutions whose functions are associated with land
i.e. local authorities, communities, non-governmental organizations and community-based
development organizations-to participate and cooperate with the Minister at different levels during
the implementation of the policy and utilization of land. According to the policy, land in towns is
governed by the City, Municipal or Town Councils.

29
The Land Disputes Court Act. 2002 (Act No.2/2002): This act provides the respective courts and their
functions. Before implementation of sub projects, any land conflicts existing in the areas shall be
resolved through the appropriate land courts to ensure that harmony prevails in the intended
undertaking. Project beneficiaries will therefore be bounded by these Acts.

Land (Assessment of the Value of Land for Compensation) Regulations of 2001 amended Cap 138:
A registered valuer must conduct the valuation of the affected properties. Section 34 of the Act states
that ‘where a right of occupancy includes land which is occupied by persons under customary law,
and those persons are to be moved or relocated, they must be compensated for loss of interest in the
land and for other losses. They also have the right to reap crops that are sown before any notice for
vacating that land is given.

The regulations provide criteria for the assessment of compensation on land, as per replacement cost
for real property; disturbance allowance is calculated as a percentage of replacement cost of the
acquired assets over twelve months; and transport allowance calculated at the cost of 12 tons hauled
over a distance not exceeding 20 km. The other criteria include loss of profit on accommodation
based on business audited accounts and accommodation allowance equivalent to the rent of the
acquired property per month over a 36-month period.
Further, Section 4 of the Land (Compensation Claims) Regulations of 2001 defines who can claim for
compensation.

Other legislatives guiding this RPF include:


▪ Land Acquisition Act No. 47 of 1967
▪ The Land Act, 1999
▪ Valuation and Valuers Registration Act CAP 138
▪ Land (Assessment of the Value of Land for Compensation) Regulations, GN136, 2018
▪ The Land (Compensation Claims) Regulations, 2001
▪ The Land (Schemes of Regularization) Regulation, 2001
▪ The Land Use Planning Act, 2007 (Act No.6/2007)
▪ The Urban Planning Act, 2007 (Act No. 8/200 7)
▪ The National Human Settlements Development Policy (2000)
▪ Women and Gender Development Policy, 2000
▪ National Land Use Planning Commission Act No 3 of 1984
▪ The Land (Disposition of Right of Occupancy) Regulations, 2001
▪ The Roads Act No. 13 of 2007 and its Regulation of 2009
▪ Environmental (Solid Waste Management) Regulations of 2009
▪ Environmental Management Act (EMA), 2004
2.3 The World Bank Environmental and Social Framework (ESS5)
The standards and guidelines of WB published in the World Bank Environmental and Social
Framework handbook (2017) for preparation of RAP should be used as basic knowledge and
references to develop your RPF methodology and detailed preparation of RAP related to the actual
situation along the lines

2.3.1 ESS Standard 5: Land Acquisition, Restrictions on land Use and Involuntary Resettlement

30
ESS5 recognizes that projects often necessitate land acquisition, expropriation and/or restrictions on
land use, resulting in the temporary or permanent resettlement of people from their original places of
residence or their economic activities or subsistence practices. When affected persons and
communities do not have the choice to refuse such displacement, this process is known as involuntary
resettlement.

Section In ESS5 Summary Description


General This ESS applies to permanent or temporary physical and economic
displacement resulting from the following types of land acquisition or
restrictions on land use undertaken or imposed in connection with project
implementation.
Defining Eligibility According to the ESS5, affected persons may be classified as persons:
(PAPs Classification): (a)Who have formal legal rights to land or assets;
(b)Who do not have formal legal rights to land or assets, but have a claim to
land or assets that is recognized or recognizable under national law; or
(c)Who have no recognizable legal right or claim to the land /assets they
occupy /use.
The census must be conducted during to establish the status of the affected
persons.
Screening and Appraisal The applicability of EES5 to the borrower will be determined during the
(Project Design): WB’s environmental and social screening process. The Borrower will
demonstrate that involuntary land acquisition or restrictions on land use
are limited to direct project requirements for clearly specified project
purposes within a clearly specified period of time.

Community The Borrower will engage with affected communities, including host
Engagement: communities, through the process of stakeholder engagement described in
ESS10. Decision-making processes related to resettlement and livelihood
restoration will include options and alternatives from which affected
persons may choose. Disclosure of relevant information and meaningful
participation of affected communities and persons will take place during
the consideration of alternative project designs, and thereafter throughout
the planning, implementation, monitoring, and evaluation of the
compensation process, livelihood restoration activities, and relocation
process. Additional provisions apply to consultations with displaced
Indigenous Peoples, in accordance with ESS7.
Grievance mechanism: The Borrower will ensure that a grievance mechanism for the project is in
place, in accordance with ESS10 as early as possible in project
development to address specific concerns about compensation, relocation
or livelihood restoration measures raised by displaced persons (or others)
in a timely fashion. Where possible, such grievance mechanisms will
utilize existing formal or informal grievance mechanisms suitable for
project purposes, supplemented as needed with project-specific
arrangements designed to resolve disputes in an impartial manner.
Planning and Where land acquisition or restrictions on land use are unavoidable, the
implementation: Borrower will, as part of the environmental and social assessment,
conduct a census to identify the persons who will be affected by the

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Section In ESS5 Summary Description
project, to establish an inventory of land and assets to be affected, to
determine who will be eligible for compensation and assistance, and to
discourage ineligible persons, such as opportunistic settlers, from claiming
benefits .
Institutional The Borrower’s plan will establish the roles and responsibilities relating to
arrangement: financing and implementation, and include arrangements for contingency
financing to meet unanticipated costs, as well as arrangements for timely
and coordinated response to unforeseen circumstances impeding progress
toward desired outcomes.
Implementation and Borrower will establish procedures to monitor and evaluate the
Monitoring: implementation of the plan and will take corrective action as necessary
during implementation to achieve the objectives of this ESS.
Collaboration with other The Borrower will establish means of collaboration between the agency or
responsible agencies or entity responsible for project implementation and any other governmental
subnational jurisdictions: agencies, subnational jurisdictions or entities that are responsible for any
aspects of land acquisition, resettlement planning, or provision of
necessary assistance. In addition, where the capacity of other responsible
agencies is limited, the Borrower will actively support resettlement
planning, implementation, and monitoring
Technical and Financial The Borrower may request technical assistance from the World Bank to
Assistance: strengthen Borrower capacity, or the capacity of other responsible
agencies, for resettlement planning, implementation and monitoring. Such
forms of assistance may include staff training, assistance in formulating
new regulations or policies relating to land acquisition or other aspects of
resettlement, financing for assessments or other investment costs
associated with physical or economic displacement, or other purposes.

2.3.2 ESS10 Stakeholder Engagement and Information Disclosure

Borrowers will engage with stakeholders throughout the project life cycle, commencing such
engagement as early as possible in the project development process and in a time frame that enables
meaningful consultations with stakeholders on project design. The nature, scope, and frequency of
stakeholder engagement will be proportionate to the nature and scale of the project and its potential
risks and impacts.

The Borrower will identify those project-affected parties (individuals or groups) who, because of their
particular circumstances, may be disadvantaged or vulnerable. Based on this identification, the
Borrower will further identify individuals or groups who may have different concerns and priorities
about project impacts, mitigation mechanisms, and benefits, and who may require different, or
separate, forms of engagement. An adequate level of detail will be included in the stakeholder
identification and analysis so as to determine the level of communication that is appropriate for the
project.

32
The information will be disclosed in relevant local languages and in a manner that is accessible and
culturally appropriate, taking into account any specific needs of groups that may be differentially or
disproportionately affected by the project or groups of the population with specific information needs
(such as, disability, literacy, gender, mobility, differences in language or accessibility).

The Borrower will respond to concerns and grievances of project-affected parties related to the
environmental and social performance of the project in a timely manner. For this purpose, the
Borrower will propose and implement a grievance mechanism9 to receive and facilitate resolution of
such concerns and grievances.

Handling of grievances will be done in a culturally appropriate manner and be discreet, objective,
sensitive, and responsive to the needs and concerns of the project-affected parties. The mechanism
will also allow for anonymous complaints to be raised and addressed.

2.4 Voluntary Land Donation

Individual households may be willing to give land for provision of community developments in their
areas. Where they so choose to voluntarily contribute land or assets without compensation, the
following ESS5 requirements will need to be met:
1. The potential donor or donors have been appropriately informed and consulted about the
project and the choices available to them.
2. The individuals/communities using or occupying the land gave their consent and there is
documented evidence of it.
3. Certification from the government body that the land is free of claims or encroachments
from any third party.
4. Deed of donation to the proponent concerned, as witnessed by the government officials and
an independent witness, duly registered in the name of the Government.
5. The amount of land being donated is minor and will not reduce the donor’s remaining land
area below that required to maintain the donor’s livelihood at current levels (the impact on
individual households is marginal limiting up to 5% percent of the productive assets and the
remaining assets are economically viable to ensure livelihood or shelter)
6. The individuals/households/communities making voluntary donation are within the project
area of influence (the corridor of impact).
7. The potential donors are aware that refusal is an option and have confirmed in writing their
willingness to proceed with the donation.
8. The land donation is made freely in public and without coercion and is not affecting
household’s livelihood security.
9. In case of public or government land, the encroacher cannot claim such land as donation.
10. Land donation is not leading to household relocation.
Furthermore no land donation will be accepted from vulnerable households who may be negatively
affected impacted as a result of donation.

2.5 COMPARISON OF NATIONAL LEGISLATION AND WB ESS5


Analysis of previous resettlement documentation including resettlement plans, frameworks shows
that there are some divergences between World Bank ESS5 and Tanzanian legislation in the sphere of
compensation for involuntary resettlement associated with investment projects. The main
discrepancies are in: detail explanation of entitlements to project affected population, and provision
of just compensation instead of full replacement cost, carry out socioeconomic surveys among PAPs.
33
Tanzanian Laws provide for compensation for land to the rightful legal owners (PAPs) with less
recognition to encroachers for the same. While the World Bank ESS5 provides for compensation be
paid for the affected land to both legal owners and encroachers.

The President holds the eminent domain as custodian (Trustee) and any individual persons including
LGAs are granted leases of not exceeding 99 years. Secondly, the law recognizes 3 categories of land -
the general land (which is de-facto urban land) that is surveyed and titled- this is administered by the
Commissioner of Lands. The President delegates powers (attorney) to Commissioner of lands and
subsequently to 'authorized district land officer. The second category is Village land which may not
be planned nor surveyed- the law recognizes customary tenure for village land and in the peri-urban.
The term 'illegal land users' would be for those who occupy land in any of these two unlawfully.

The World Bank in its ESS 5 highlights that particular attention should be paid to the needs of the
most vulnerable groups among those displaced, especially those below the poverty line, the landless,
the elderly, women and children, indigenous peoples, ethnic minorities, and also other categories of
displaced persons whose interests may not be protected by national legislation with regard to the
compensations for the land plots subject to withdrawal.

The RPF has been prepared to address the gaps between the two policy frameworks, establishing
additional measures for those cases where the requirements of ESS5 go beyond the ones of the
national legislation. The Bank ESF will prevail in cases of discrepancies between WB and Tanzanian
legislation, not just simply in relation to compensation issues but to all issues.

A further comparison between the Tanzania Legislations and the World Bank a harmonization
measures (i.e. gap filling measures) are contained in Table 7 below.

34
TABLE 7: COMPARISON OF TANZANIA LAWS AND WORLD BANK ESS5 REGARDING COMPENSATION AND RESETTLEMENT
Resettlement World Bank (ESS5) National Regulations Gaps Measures To Fill the Gaps
Aspect
ESF: Requires Borrowers to: Land Acquisition Act No. 47 (1967) Currently there is no specific- ESS5 will prevail. Where
ESS5 on Land (i) Avoid or minimize involuntary Provides for the following: resettlement policy in necessary RAPs will be
Acquisition, resettlement by exploring project ▪ Minister responsible for land to Tanzania. However, Tanzania developed for each subproject.
Restrictions on design alternatives authorize any person to enter has a good policy, legal and
Land Use and (ii) Avoid forced eviction upon the land and survey the institutional framework for
Involuntary (iii) Mitigate unavoidable adverse land to determine its suitability management issues related to
Resettlement impacts from land acquisition or for a public purpose. land and property acquisition
restrictions on land use through ▪ The Government of Tanzania is
timely compensation for loss of assets supposed to pay compensation to
at replacement cost and assisting any person who suffers damage
displaced persons in their efforts to as a result of any action.
improve, or at least restore,
livelihoods.
Compensation Affected persons may be classified as Land Act recognizes the rights of Even though the both GoT Under DMDP 2 Project, all
entitlements persons: those owning land, structures, and WB make consideration eligible owners of land will be
(a) Who have formal legal rights to land crops for compensation; but not for compensation payments subject for compensations.
or assets; tenants. Those without to both (a)formal legal rights
(b) Who do not have formal legal rights buildings/houses are not entitled to and those (b)without formal Those who have no
to land or assets, but have a claim to accommodation nor transport legal rights, but have a claim recognizable legal right or
land or assets that is recognized or allowances and loss of profits; but to such land under claim to the land or assets they
recognizable under national law; not tenants. Those without customary practices, a gap occupy or use, including the
(c) Who have no recognizable legal right buildings/houses are not entitled to exists in consideration of encroachers, will be
or claim to the land or assets they accommodation nor transport illegal owners(encroachers). compensated, according to the
occupy or use. allowances. The Tanzania law do not provision in WB ESS5.
make much consideration to
compensate the development
on the encroached land while

35
Resettlement World Bank (ESS5) National Regulations Gaps Measures To Fill the Gaps
Aspect
the WB on consideration of
in the compensation of the
development on the
encroached land.
Loss of Profits ESS5 provides under economic According to GN 136 - The 2018 Tanzanian regulations Compensation on the lost
displacement: Regulations, it is clear that the TZ provide for income income and profit will be made
In cases where land acquisition or law recognizes the rights of those restoration allowances where as per ESS5, including formal
restrictions on land use affect owning land, structures, crops for the PAPs incurred losses of and informal businesses.
commercial enterprises, (this includes compensation; but not tenants. business income.
shops, restaurants, services, compensation for loss of any
manufacturing facilities and other interest land shall include loss of
enterprises), regardless of size and profits.
whether licensed or unlicensed.
Valuation ESS5 assets that when land acquisition Tanzania law provides for the A gap lies in the disparity Under DMDP 2 Project, eligible
approaches or restrictions on land use (whether calculation of compensation on the between the two approaches PAPs will be entitled for
permanent or temporary) cannot be basis of the market value of the lost Market Value vs replacement compensation that will be
avoided, the Borrower will offer land and unexhausted cost. Under the Market value calculated under replacement
affected persons compensation at improvements, plus a disturbance approach, the amount paid in cost approach to ensure that all
replacement cost, and other assistance and accommodation allowance and most cases does not amount impacted assets are
as may be necessary to help them loss of profits where applicable. to that required to replace the compensated/replaced.
improve or at least restore their lost assets.
standards of living or livelihoods.
Restoration of ESS has a provision that, where Tanzanian regulations are silent on In Tanzanian regulations no ESS5 principle regarding
Affected Incomes applicable, livelihood restoration and the Livelihoods restoration provision for restoration of income restoration will be
and Livelihoods improvement programs will commence the affected livelihoods, applied under DMDP 2 project.
in a timely fashion in order to ensure neither as standalone RAP developers/LGAs will
that affected persons are sufficiently programs nor included in the identify and formulate
prepared to take advantage of compensations livelihood restoration programs
36
Resettlement World Bank (ESS5) National Regulations Gaps Measures To Fill the Gaps
Aspect
alternative livelihood opportunities as in consultations of the affected
the need to do so arises. groups.
Assistance to ESS5 indicates that resettlement plans Tanzanian law does not make Moreover, there are no These PAPs are to be identified
vulnerable and need to provide transitional relocation provisions requiring the provisions that require the and special assistance in line
severely affected assistance to people who are physically government to pay special attention government to pay special with ESS5 will be provided to
PAP displaced. Such assistance may include to vulnerable groups in the attention to vulnerable safeguard them from being left
transportation, food, shelter, and social administration of compensation. groups or indigenous peoples worse off by the project.
services that are provided to affected
persons during the relocation to their
new site;
Public Land Users World Bank’s ESS 5 includes users or Tanzania law on compulsory Tanzania law does recognize Under the DMDP 2 Project
(those in Public displaced persons who have no acquisition and compensation is the Seasonal land/resource Seasonal land/resource users
markets) recognizable legal rights or claim to the limited to those who can prove de users as eligible for will be compensated for the
land or assets they occupy or use. jure or de facto land ownership. compensation for assets and loss on income or livelihoods
provision with resettlement associated to the restrictions
and livelihood assistance. from using the assets.
Grievance ESS5 requires that grievance mechanism Under S. 13 of the Land Acquisition The law in Tanzania does not GRMs will be set for this
Handling for the project is in place as early as Act, 1967, if dispute of disagreement provide for the establishment Project in line with the WB-
Procedures possible in project development to regarding any of the matter listed of grievance resolution ESS5 and ESS10 guidelines.
address specific concerns about below is not settled by the parties mechanisms outside the court
compensation, relocation or livelihood concerned within six weeks from of law, to handle
restoration measures raised by the the date of publication of notice that resettlement
displaced persons (or others) in a timely land is required for a public complaints/grievances.
manner. purpose the Minister or person Tanzania has a well-
. holding claim in the land may established and accessible
institute a suit in the high court of local grievance redress
Tanzania for the determination of mechanism through existing
the dispute. systems and structures.
37
Resettlement World Bank (ESS5) National Regulations Gaps Measures To Fill the Gaps
Aspect
Stakeholder ESS5 provide for need for consultation The Land Act of 1999 and its Both ESS5 and GN136 have DMDP 2 project will have
engagement and with PAPs, host communities and local Regulation of 2001 and the Valuers clear provisions for continuous consultations with
information government. and Valuation Registration Act of implementation of the PAPs and their local leaders
disclosure In the event of dealing with vulnerable 2016 provide for stakeholder’s Stakeholder engagement and during preparation of the RAP
persons additional provisions apply to engagement and information information disclosure report, their disclosure and
consultations with displaced vulnerable disclosure on valuation exercise processes as Best practice. implementation.
groups in accordance with ESS7. and process prior to execution of
the projects.

38
2.6 Principles of Resettlement
The analysis on legal frameworks (national and World Bank’s) provided the following
resettlement principles:
• Screen the project early to identify past, present, and future involuntary resettlement impacts
and risks.
• Determine the scope of resettlement planning through a census and socio-economic survey of
displaced persons, including a gender analysis, specifically related to resettlement impacts and
risks.
• Establish measures to avoid and minimize involuntary resettlement impacts include; (a)
explore alternative alignments which are less impacting, (b)ensure the appropriate technology
is used to reduce land requirements, (c) modify the designs, cross sections, and geometrics of
components to ease out and ensure involuntary resettlement is avoided or minimized.
• Prepare a Resettlement Action Plan2 (RAP) elaborating on the entitlements of displaced
persons, the income and livelihood restoration strategy, institutional arrangements,
monitoring and reporting framework, budget, and time-bound implementation schedule.
• Carry out meaningful consultations with displaced persons and concerned government
organizations. Inform all displaced persons of their entitlements and resettlement options.
Ensure their participation in planning, implementation, and monitoring and evaluation of
resettlement programs. Pay particular attention to the needs of vulnerable groups, especially
those below the poverty line, the landless, the elderly, women and children, and indigenous
peoples, and those without legal title to land, and ensure their participation in consultations
• Disclose a draft resettlement plan, including documentation of the consultation process in a
timely manner, in an accessible place and a form and language(s) understandable to displaced
persons and other stakeholders. Disclose the final resettlement plan and its updates to
displaced persons and other stakeholders.
• Pay compensation and provide all resettlement entitlements before physical or economic
displacement and before commencement of civil works in that stretch of the road-project.
Implement the resettlement plan under close supervision throughout project implementation.
• Establish a grievance redress mechanism to receive and facilitate resolution of the concerns of
displaced persons.
• Monitor and assess resettlement outcomes, their impacts on the standard of living of displaced
persons, and whether the objectives of the resettlement plan have been achieved by taking into
account the baseline conditions and the results of resettlement monitoring. Disclose
monitoring reports.
3

2
Where necessary a separate Social Impact Assessment (SIA) will be prepared prior to the RAP
39
3. RAP PREPARATION, REVIEW AND APPROVAL

3.1 About Resettlement Action Plan

The ESS5 recognizes that project-related land acquisition and restrictions on land use can have
adverse impacts on communities and persons. Project-related land acquisition or restrictions on land
use may cause physical displacement (relocation, loss of residential land or loss of shelter), economic
displacement (loss of land, assets or access to assets, leading to loss of income sources or other means
of livelihood), or in worst cases land acquisition can have both. However, in the case of the sub-
projects where the status of land ownership has not been confirmed preliminary study to determine
land acquisition will be conducted during feasibility study.

The sub projects identified so far under DMDP 2 will involve up-grading of already existing land
(example markets and roads) and in most new sub-projects identified areas, LGAs will use the open
spaces previously demarcated during town(s) planning for such development (example slaughter
houses, dumping sites, bus terminals etc).

The RAP/LRP is the most important resettlement instrument that should be undertaken. RAP/LRP
should assess the number of PAPs, propose alternative locations for the sub-projects, identify the
eligibility criteria, include provisions for compensation and assistance, and address the means by
which the project monitoring and evaluation will take place to ensure that the PAPs receive their
compensation and that their grievances are heard and addressed. The mitigation measures and
compensation policies proposed in the RAP shall be disclosed to the PAPs for feedback and
comments.
Once the LGAs to determine the dates of the civil works and the coordinates of the
demarcated/delineated sub project areas/sites. The LGAs will start the preparations of the RAP(s). For
the purpose of this RPF, the subsequent sections will present the main steps for the preparation of the
sub project RAP/LRP.
Given the varying nature of the subprojects it is recommended that at the project onset the RAP
consultant should consult the sub – projects’ design engineers and PIUs so that together they will
make a clear and well-defined plan on how and when to execute activities related to RAP
preparation, which would include timing and responsibilities throughout the project cycle stages
namely:
 Pre-construction
 Construction commencement
 Post Construction

3.2 Preparation of RAP


For all projects that will require the preparation of the RAP/LRP, their preparation should start at the
very beginning of the project design (at the pre-feasibility stage) and continue through subsequent
phases (feasibility study, preliminary design, detailed design). Hence, once the drawings are ready
and information on the finally decided site location and land-use requirements is available, the
consultative and participatory process with local communities must be carried out to sensitize the
potential PAP through their local leaders. It is at this meeting with the community that the Cut-off
Date is pronounced and subsequently communicated to all potential PAPs in at the commencement of
data collection from the affected areas.

In RAP preparation the following key activities will be taken into consideration:

40
RAP categorization: Regardless the number of affected Population (PAPs) the 3 LGAs should undertake
a Resettlement Action Plan (RAP). In whichever case, the developer will retain a technical expert to
carry out the required technical work, including a comprehensive land survey in the areas where the
work is being planned so that engineering drawings can be prepared to provide precise and
comprehensive information for planning, costing, and designing. According to ESS5 the Resettlement
plans shall be referred to as:
“resettlement plans.” Resettlement plans include measures to address physical and/or
economic displacement, depending on the nature of the impacts expected from a project.
Projects may use alternative nomenclature, depending on the scope of the resettlement plan—
for example, where a project involves only economic displacement,
“livelihood plan” - the resettlement plan may be called a livelihood plan where restrictions on
access to legally designated parks and protected areas are involved,

3.3 Methodology for RAP Development


Recruitment of Team members will be conducted according to the specific RAP requirement. The
LGAs /WBCU /PIUs will prepare Terms of Reference as needed for consultants and services needed
to carry out RAPs. Mobilization of the team will take standard procurement procedure. In addition,
the RAP team must be given working space and field equipment including GPS, computers soft
wares etc.. LGAs will set aside funds covering the budget for RAP development. RAP team will
include the following (key roles and responsibility of the team members (see annex 3):

TABLE 8: RAP TEAM- DESCRIPTION

S/N Position

1 Key Personnel
2 Team Leader (Senior sociologist with extensive experience in RAP preparation)
3 Resettlement Database Manager
4 Asset Valuation Expert
5 Mid-level Resettlement Specialist
6 Senior Gender Specialist
7 Communication and Public Outreach Specialist
8 Livelihood Specialists
9 Land Surveyor with excellent GIS skills
10 Lans use/Administration /manager
Non-Key Experts
1 Legal Expert – Resettlement with experience in resettlement
2 Project Manager
3 Project Secretary
4 Accountant
5 Driver
Casual
5 Data collection assistants
3.3.1 Capacity Building for Resettlement Planning and Implementation
Relevant elements of the procedures for land acquisition defined in the RPF are new in some of the
LGAs ( vis a vis international safeguards). Although previous projects financed by the World Bank

3
According to the applicable requirements in ESS5 the Borrower will develop a plan, regardless of the number of people
affected.
41
have required adherence to O.P. 4.12, the RPF contains specific approaches under ESS5. For instance,
approaches to valuation of assets and to compensation for easements and registration of easement
agreements that are new in the LGAs. It is therefore important to build in an understanding of the
requirements and approach for this DMDP 2 Project at all levels during the Project’s resettlement
planning and implementation. The training of a small group of local trainers in the principles and
objectives of WB ESS5 and the specifics of this RPF will be the first step in creating the required
capacity. This training can be affected by PIU staff or by consultants, and will be done before official
publication of individual projects begins.

Capacity-building workshops will be held at the Municipal/LGA level before or immediately after
official publication of projects in a specific district or group of adjoining LGAs. The PIU will issue
invitations for a series of workshops for staff of District Commissioners and wards, including local
leaders of affected localities. RAP preparers, external facilitators and valuation specialists, staff of the
PIU, and WBCU staff would also attend for monitoring and enhancing the capacity building process.
The workshops will address requirements for asset census and asset valuation, grievance mechanism
with emphasis on differences between typical LGA/Tanzania practice and requirements for the World
Bank (DMDP 2) funded projects.

Costs for the capacity building workshops and trainings will be included in the budget for RAP
development.

3.3.2 Methods to determine Cut-off Date


The cut-off date is the time when the affected persons and their properties are assessed. No person
will be eligible for compensation for houses built and crops sown in the project area after the census
and inventory of assets. The establishment of a cut-off date is required to prevent opportunistic
invasions/rush migration into the chosen land areas thereby posing a risk. Therefore, establishment of
a cut-off date is of critical importance.
This RPF has defined a cut-off- date procedure in line with Word Bank ESS 5, which is defined as the
date of commencement of census and asset inventory of PAPs who will be affected by DMDP 2
projects activities. Once the project has been legally approved and a permit provided, a RAP will be
prepared (if required) that may result in involuntary resettlement. As part of the RAP, a census will
be undertaken to identify cut-off-date for eligibility for resettlement and compensation. The site-
specific RAP development team/consultant for the projects under DMDP 2 is required to document
the cut-off- date used. It is key, therefore, that this date is fully communicated to all potential PAPs in
the affected project area with sufficient time for these people to ensure their availability for the
Census. The potential PAPs will be informed through both formal notification in writing and by
verbal notification delivered in the presence of the community leaders or their representatives.
The PAPs will be informed that no payment of compensation with respect to any construction or
improvement to building, any crops sown, perennial crops planted or any improvement on land
where such activity is done after PAP’s census and inventory of their assets. This shall be discussed
during consultation meetings and minutes of meetings shall be prepared and signed. As indicated in
WB ESS5, LGA will not compensate or assist opportunistic settlers who encroach on the project area
after the cut-off date for eligibility. The LGA should nevertheless accommodate individuals or groups
who are not present at the time of registration but who have a legitimate claim to membership of the
Affected Community. Such groups might include absent family members engaged in migrant wage
labor or nomadic pastoralists who use local resources on a seasonal basis.

Methods for Database Design

42
RAP Consultant will develop a management information system for project affected people, in order
to track all PAPs, before, during and after the RAPs are carried out. Within the new RFP all RAP
developers are encouraged on the use of mobile data capturing technology in RAP preparation and
implementation to improve data management and accuracy, including use of tablets in the valuation
exercise, and GIS4 to map all affected properties. The design of the database is much related to the
form design that will be agreed by the entire team for data collection, technically the consultant
should prepare the Valuation Forms 1 to 5 which the PAPs must be served with. The these forms will
be filled in by respective staff. When forms are uploaded to the ODK aggregate, they will create the
schema that will govern the architecture and the design of the database. Eventually the served forms
will be printed to create hard copy files of the individual PAPs for evidence that PAPs were engaged.

Although the consultants will collect baseline information about PAPs (as their primary responsibility
in RAP development), the LGA community development officers should also be accompanying this
process, as they will be the ones that will be supervising contractors during the construction phase.

FIGURE 3: COMPONENTS OF EXPERT SYSTEM

Photographic Records: The Data manager will maintain good photographic records of the project. All
photographs shall be saved, at least, to the Project Workspace or server and the naming of electronic
photograph records will be clear and allow for all photographs to be identified at some future time.
All project incidents such as surveys, consultations, will be photographed.

Spatial and non-spatial Database: Accurate and current information is vital for maintaining and
improving the quality of data. Through the computerized environment, a GIS can keep information
accurate and current. The collected data could then be imported to the GIS software for map creation
or intersecting the data to the cadastral data/polygon that was obtained from surveying. Non-spatial
data will be exported to the desired format to be used in analysis software packed.

The polygon data will be used as a link between the two forms, as each polygon data for each
individual polygon will be assigned a unique number. This number will be available or needs to be
filled in both forms so that a one-on-one relationship between the two forms can be established.

4
Consultants are responsible for identifying and mapping/georeferencing potential PAPs including vulnerable/special groups
– note that a final RAP that does not include maps will not be accepted, Consultants will create a georeferenced database of
affected houses, facilities, PAPs, etc
43
PAP Unique FILES: The Project Secretary or a liaison officer shall create/maintain a file register and
arrange for the opening, registering and maintaining of project files. Separate files may be opened for
each discrete component of the project. The file number shall be unique and numerical, will have a
format wherein the first set of numbers is the project number with all other number groups being
selected to suit the project. The community liaison officers 5 will provide the administration staff with
training in management of project files. The register shall include the number, description of the file
and location where the file is stored. A proposed template is shown below.

3.3.3 Stakeholder Engagement and Community Consultations

This section presents a summary of consultations held in accordance with the Provision of World
Bank’s Environmental and Social Standards (ESS5) that all displaced persons and host communities
should be meaningfully consulted early in the planning process and encouraged to participate in the
planning and implementation of the resettlement program. The ESS5 further asserts that the
feasibility of holding separate women’s meetings and fair representation of female heads of
households, in addition to mixed meetings should be explored. Also, the way in which information is
disseminated should be cautiously planned as levels of literacy and networking may differ along
gender lines. In that context the RAP monitoring will undertake community and stakeholders’
consultations at each phase of program implementation. Subsequent sections describe, consultations
objectives, types of stakeholders (stakeholders’ analysis), and methods applied.

Key Principles:

The consultations with stakeholders are essentially a continuous process that will be conducted
throughout the project implementation period in line with the ESS10. The Objectives of consultations
to various stakeholder include:

(i) To identify and document views, concerns and expectations of the stakeholders relating
to the project construction activities
(ii) To establish linkages and identify role demarcation in effort to avoid role overlaps
(iii) To collect project documents relevant to the experts’ assignment
(iv) To get further acquainted with the progress of works on site so far
(v) To prevent conflicts through increased transparency in the processes during
implementation
(vi) To reduce the risks and performance challenges in the construction works through timely
relocation of private owned assets and utilities from the construction corridor.
(vii) To environmental assessment
(viii) To appreciate the project road, material sites and camp site’s compliance with
environment and social.
(ix) To assess resettlement issues particularly sensitive areas near the project sites.
(x) Consultations need to be meaningful and inclusive of all stakeholders and communities
particularly PAPs, with emphasis on gender, ethnicity, income groups, minorities,
vulnerable persons etc.
(xi) Consultations need to be a two-way dialogue with provision of project related
information and obtaining feedback from participants and the feedback will need be used
to improve project design and mitigation plans.

5
These personnel are recommended by this RPF – the roles and responsibility see section 7
44
(xii) All consultations need to be documented in the RAP/LRP with list of participants, issues
raised, and response provided to those issues and how feedback incorporated in the
design.

Stakeholders Identification: RAP developer will define criteria for identifying and prioritizing
stakeholders, select an engagement mechanism with focus on short- and long-term goals, determine
logistics for the engagement, frameworks for implementation ensuring equitable stakeholder
contribution and mitigating tension while remaining focused on the issues. Figure 4 below presents
the summary of key steps for stakeholder engagement process.

FIGURE 4: STAKEHOLDER IDENTIFICATION PROCESS

1. Stakeholders Mapping:

Identification of stakeholder: A broad stakeholder engagement process requires a full


stakeholder mapping. To start with a list of engagement objectives was developed hence the
list of stakeholders that included everyone who has potential interests in project objectives.
The areas of engagement were determined based on the activities stipulated in the scope of
work that require engagement of core business actors on the ground. Additional
considerations were made to the stakeholders who were engaged during preparation of ESIA
and RAP.

Categorization of stakeholders: This is an opportunity to reach out and mix the old with the
new, including individuals from each of the following stakeholder categories: influencers,
collaborators, advocators, and implementation partners. Consideration will also be made
to add silent members to especially the marginalized groups of women, youth, elderly
among others because they may have a hidden wealth of expertise/native/indigenous
knowledge.

Analyzing: From the established list of the identified stakeholders, analysis was conducted to
better understand relevancies and the perspective of which the stakeholders will offer in
relation to the objectives of the assignment. RAP developer will create a list of criteria to help
in the analysis of each identified stakeholder:
45
- Contribution: Does the stakeholder have information, counsel, or expertise that
could be helpful in undertaking the assignment?
- Legitimacy: How legitimate is the stakeholder’s claim for engagement?
- Willingness to engage: How willing is the stakeholder to engage?
- Influence: How much influence does the stakeholder have?
- Necessity of involvement: Is this someone who could derail or delegitimize the
process if they were not included in the engagement?

Defining Engagement Framework: RAP developer will establish the frameworks for different
stakeholder’s engagement depending on the scope of engagement strategy, multiple DMDP
2s such as engage, communicate and inform will be used simultaneously to address different
stakeholder groups.

Creating Synergies with other project components: Based on the engagement notes, a
consideration will be made on a landscape of issues that came up during engagement
analysis with expected output(s), track for a successful engagement with the selected
stakeholders. Key steps to be followed include: (i) Documenting the engagement, (ii)
Facilitation of a stakeholder’s workshop for each party to understand the expectations of the
stakeholders’ engagements (iii) define logistics (iv) to agree on the working frameworks
(mode operand).

Documenting the Engagement: In order to measure success and build on efforts for future
activities, RAP Developer will identify areas that requires stakeholder’s engagement the
methods used. It should be noted that each of the stakeholders has different needs for
engagement on the Project. Therefore, their participation should take into consideration their
interests and level influence, and a consideration on how best to reach them.

The purpose is to ascertain their relevance and role in the project during resettlement and
Social Monitoring as stipulated in TORs. Spotting on a recommendation from the project SEP
(if any) document consultant will ensure that each level informs the other and there is a
feedback mechanism that emphasizes the need to share information in offices that have the
requisite mandates and convening power.

Collaboration with other community outreach activities will be solicited so as to club the
consultation activities together. The aim will always be to minimize the occurrence of actions
that would be interpreted as community fatigue to the PAPs.

2. Consultations during the RAP development and implementation:


RAP developer should be guided by the DMDP 2 Project SEP on Project SEP on Project SEP
(communication strategy) to lay out various communication needs and outreach tools and
explain the responsibility of RAP developers to convey the awareness of the project impacts
and its benefits to various stakeholders. The objectives are:

To create project awareness among affected population.


To provide information to PAP about the adverse impacts on private properties, economic
resources and livelihoods and mitigation measures considered in the RAP/LRP.

46
To take cognizance of PAP’s views, grievance redress, etc. to act on the desired lines of
minimizing impacts creating a congenial environment for the implementation of the
project.

The project affected people need to be reassured through a sort of dialogue and that can be
best done through adopting a planned communication strategy. Public / community
consultation focus group discussion, usage of TV, radio and other electronic communication
means are required to be taken up for this wider appreciation of the project. This is necessary
for smooth implementation of the project.

3.3.4 Methodology for Asset Inventory


DMDP 2 project interventions will require land uptake for construction of infrastructure with
exception of some sub-projects that LGAs already have land or no encroachment has occurred
on such project sites. In the case of linear projects for sub projects that will require land that is
privately owned, land acquisition through cash or in-kind (land for land) compensation will
apply. Where necessary voluntary donation of land as (an optional means of land acquisition)
will be sought by extensive consultation and agreement /consent from most (98% -100%) of the
PAPs – details presented in Section (3.2.4 (a) below. Activities that may require land acquisition
under DMDP 2 are listed in table 9below.

TABLE 9 : SCALE OF ACTIVITIES THAT WILL REQUIRE LAND UPTAKE

Selected Sub project and Main Activities


1. Improvement of Markets: International Crop Market(s);
2. Construction of community Parks.
3. Improvement of Bus Terminals and min bus stands and parking at bus terminal
4. Extension /construction of standalone storm water drains
6. Construction of Dump site(s)
7. Construction of garbage Collection Points, Transfer stations
8. Upgrading of Urban Roads and Street roads

1. Involuntary Land Acquisition


In order to prepare an inventory of assets for a sub-project, a household survey team will visit
the affected area to carry out an asset valuation survey. The team will be led by an
appropriate project representative, Municipal Council representative, Local leader, a
representative of the PAPs, a representative of the Department of Lands and Mtaa
representative (collectively referred to as the Compensation Committee)
The land surveying methodology will base on the adjudication methods. Where adjacent
PAPs will jointly be identifying the size, area and locations of their common neighbor. Each
PAP will need to be recognized by his/her surrounding neighbors to claim the ownerships of
his/her property unit.

The coordinates of the edges /corners of an adjudicated parcel will be taken by using
handheld GPS. In this case the surveyor will record the coordinates of each parcel and sketch
its geometrical figure (plat). Each parcel will need a unique identifier so that data concerning
that parcel can be given an exclusive reference in the database. Therefore, every parcel will be
numbered by using the Unique Parcel Reference Number UPRN.

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Parcel Numbering: As for the large-scale adjuration of region; the UPRN is started by
identifying the Region-District-Locality-Parcel.

Note: a PAP unique is assigned to the land not to the owner.

Property Identifier: In addition, as it was decided in the national/regional adjudication, that


an additional Property Identifier would be required to differentiate between property types
and the identifying letter (as shown below) would be shown at the start of the UPRN as
follows:
Property Identifiers
(i) A, B C etc. – to identify any additional plot of the same owner in the same location
(ii) Bu - Building
(iii) L – Lease
(iv) CA- Communal asset (water bore hole etc..)
(v) G- Graveyard
(vi) Ch- Church
(vii) Mq- Mosque
(viii) Sch- School
(ix) Ho- Hospital
Therefore, the property unit identification number attributes should be divided as shown
below with no constraints on the number of digits used.

<Property Identifier><District Code> <Locality Code> <Parcel/Plot Number>

The land will be valued, and the PAP be informed on the associated compensation. In a
disclosure each PAP will be required to sign a compensation agreement form. That will
indicate the consent to release his/her land in exchange with the cash (in case of Cash option)
or another land of the similar nature (in the event that PAP opts for in-kind compensation).

3.3.5 Census and Socio-Economic Survey


The process of gathering Social Economic Baseline information for the RAP development will
be gathered from primary and secondary sources of data. While the primary data are captured
form the field (i.e. through interviews guided by questionnaires, focus groups discussions,
consultations and key informant interviews, the secondary data are obtained through
Literature Review (policies and projects’ documents). This process needs to be done during the
pre-feasibility study stage, so that the RAP consultant can align the impacts of the designs that
will be done by the engineering team as well as guiding the RAP team to determine the
approaches to be adopted during RAP preparation.

Census: The Census will be carried out to enumerate all PAPs (100%). The aim is to capture
information regarding the PAPs including; household demographic characteristics [age,
gender, marital status, education, physical conditions (handicap by birth/chronic sickness)];
occupation, assets (structures both affected and non-affected), land tenure and use, income and
expenditure, compensation choices and preference of compensation mode of payments, social
networks, coverage under government or NGO development schemes, level of indebtedness.

Socio Economic Survey (SES): The survey will be limited to a sample of PAPs of between 15%
and 30% of the total PAPs. The purpose of the baseline socioeconomic survey of impacted
households is to establish monitoring and evaluation parameters. Information obtained from
SES will be used as a benchmark for monitoring the socio-economic status of displaced
48
persons. The survey shall cover all major impacted areas. The survey shall also collect gender-
disaggregated data to address gender issues in resettlement. The socio-economic survey shall
be carried out using a structured questionnaire, that would capture details of standard of
living, inventory of assets, sources of income, level of indebtedness, profile of household
members, health and sanitation, access to services and facilities, perceived benefits and impacts
of the project and resettlement preferences of all major impacted households likely to be
displaced. This information along with the census survey data would facilitate the preparation
of a resettlement plan to mitigate adverse impact.
As part of socio-economic survey, wide range of consultations with different impacted groups
as well as other stakeholders will be conducted to ascertain their views and preferences. Based
on the outcome of these consultations the designs changes, if required, and mitigation
measures will be incorporated. Consultations will include women and their concerns and
reactions to the project will be addressed through appropriate mitigation plan.

3.3.6 Valuation Methods

Valuation methods for affected land and assets be done at replacement cost as per WB-ESS5,
that state, when land acquisition or restrictions on land use (whether permanent or temporary)
cannot be avoided, the Borrower will offer affected persons compensation at replacement cost,
and other assistance as may be necessary to help them improve or at least restore their
standards of living or livelihoods. Meaning that in the case of physical displacement, the
Borrower will develop a plan that covers, at a minimum, the applicable requirements in ESS 5
regardless of the number of people affected.

Replacement cost: Replacement cost is the principle to be complied with in compensating for
lost assets as per Table 6(4). Thus, the valuer should conduct analysis of the valuations
calculated under Tanzanian laws and establish variation factors to bridge the gaps. It has been
noted in most cases that GoT rates are rarely tallying with the requirements of the replacement
cost.

1. Land Valuation:
For purposes of measuring land, the unit of measurement would be that which is used and
understood by the affected owners. However, that unit should be among of the international
Standards Unit (SI units). The unit that is being used must be explained to the affected
owners/users..
Valuer shall obtain land values from the reliable sources including, Chief Valuer and from the
results of his own market search. The highest rates shall be applied in consistent with World
Bank approach (ESS5) of replacement cost. However, since the annual land value rates by
Office of Chief Valuer are indicative, as a project, GN 136 requires the project to carry out mini
research, prepare value rates (for land, crops, and buildings) AND submit to Chief Valuer at
the beginning of the assignment for endorsement. Once these are endorsed, they can be
disclosed to PAPs in sensitization meetings.
2. Valuation of trees and Crops Compensation
Trees and permanent crops will be valued based on the indicative market rates, plus the
transactional costs involved in the process, for various species as available from the Chief
Valuer in consultations with the Ministries of Agriculture, Ministry of Natural Resources etc.

. The value depends on age/maturity of the tree or crop, potential use and the number of trees;
economic use, production rate /yield and profits accrued. The main type of species found are
permanent crops or trees.
49
Fruit Trees
Given their significance to the local subsistence economy, which this project intends to
positively impact, fruit trees will be compensated on a combined replacement/market value.
Fruit trees used for commercial purposes will be compensated at market value based on
historical production records, plus the transactional costs involved in the process. The
compensation rate will be based on information obtained from the socio-economic information
and the market price search. Based on the information, compensation at replacement cost can
be computed.

Other domestic fruit and shade trees:

These trees have recognized local market values, depending upon the species and age.
Individual compensation for wild trees “owned” by individuals, who are located in lands as
defined in this policy, will be paid. No compensation will be paid for minor pruning of trees.
Due to the localized nature of projects, it would therefore be unwise to deploy an individual
valuation expert in each case

3. Compensation for Sacred Sites and graveyards:


Subprojects will avoid impacts on sacred sites, which include but not restricted only to altars,
initiation centers, ritual sites, tombs and cemeteries. It includes other such sites or
places/features that are accepted by local laws (including customary), practice, tradition and
culture as sacred. To avoid any possible conflicts between individuals /or communities and
local government the use of sacred sites for any project activity is not permitted under this
project.

4. Compensation for vegetable gardens


Gardens are planted with vegetables and ingredients for daily use. Until a replacement garden
starts to bear, the family displaced (economically or physically) because of the project land
needs will have to purchase these items in the market. The replacement costs therefore, will be
calculated based on the average amount that an average town dweller spends on buying these
items for one year per adult from the local market.

5. Determine other entitlements and Topping up allowance


Disturbance allowance This will be calculated by applying value of real property by average
percentage rate of interest offered by commercial banks on deposits for 12months to comply
with the Tanzania law. The current average rate of the interest obtained on fixed deposits is 8%.
Therefore, the total compensation value, then obtain the 8% of the value and add to the
previous total. 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
twelve tons of luggage by rail or road (whichever is cheaper) within twenty Kilometres 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 within an area
and is paid only to PAPs with occupied residential/commercial structure.

50
Loss of accommodation Section 179 sub-sections 8 of the Land Act (1999) stipulates how
accommodation allowance is to be arrived at: 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) inter alia:
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). In the case of informal
vendors, proxy values based on local retail markets may be considered as alternative. The local
practices accept alternative methodology if supported by evidence of a min-market research.

Note: Valuer shall consider all government rates on the topping up allowance to ensure that
they are up to date hence in line with replacement value /cost requirement.

The laws of Tanzania require full, fair and prompt payments of compensation within 6 months
from time the Valuation Report is approved. The timing / schedule of RAP implementation
revolves around the date when valuation was done and PAPs were required not to undertake
any further development on the land and properties that have been inventoried and valued.

3.3.7 Valuation procedures


The Valuer shall carry out the valuation of affected assets and calculation of applicable
allowances in accordance with defined entitlement matrix in the RAP. It is necessary that, the
baseline data on housing, house types, and construction materials will also be collected.
Qualified and experienced experts (Valuer) will undertake the valuation of acquired assets. In
applying this method of valuation, depreciation of structures and assets should not be taken
into account. The Valuer will act under the direct supervision of PIU’s social specialists.

At the end of valuation exercise, the Valuer will provide a valuation report for prior review and
approval by the LGAs and subsequent Chief Valuer. Valuation Report for each RAP will
contain clear separation of each asset/property and losses with final summary of the valuation
(Rates) applied to compute compensations for:
 affected properties/assets (building, crops, trees and other improvements)
 business and affected employees
 Transportation costs for movable assets.
 Allowances defined by RAP (allowance for relocation, disturbance allowance,
vulnerability etc. to reach replacement cost and/or cover transactional costs).

3.3.8 Videography/Drone footage


Towards the end of data collection a videography/Drone footage exercise for the entire
corridor / project foot print should be carried out by experts familiar with the project areas.
The drone images of the entire corridor and specifically those areas where structures are to be
impacted must be well captured to back up the information recorded during the Asset
Inventory exercise.
This should be coordinated with the surveyors and GIS experts to ensure that all PAPs within
the delineated project foot print are captured.

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3.4 ELIGIBILITY AND ENTITLEMENT FRAMEWORKS
The aim of determining an eligibility criterion in the RPF is to ensure that the PAPs who suffer a
full or partial loss of lands, crops/trees, business/income and profit will be clearly identified and
recognized as eligible for compensation on the loss encountered as legal owners or users of the
affected asset (land, structure).
3.4.1 Defining Affected Population (Affected Persons)
Project-affected persons (PAPs) are defined in this policy framework according to WB ESS5
standards as being all persons impacted by the involuntary resettlement, including all
members of a household (women, men, girls, boys, incl. several generations in the case of
extended households); the owner and employees of a business; members of an ethnic
minority group; tenants; land owners and sharecroppers; informal settlers (i.e. lacking formal
titles); holders of customary land-rights; informal business-operators and their
employees/assistants.

A request will be made to the President through the Commissioner of lands to evoke the
power of Eminent Domain to acquire land or other properties from private owners or
community ownerships to create space for the developmental activities. This is necessary to
permit the processing of compensation, resettlement assistance and the actual displaced
persons:

PAPs that have formal legal rights to land, including customary and traditional rights
recognized under the laws of Tanzania: This class of people includes those holding leases
land held within the family or passed through generations.

PAPs who have no formal legal rights to land at the time the census begins but have a claim
to such land or assets provided that such claims are recognized under the laws of Tanzania.
This class of people includes those that come from outside and given land by the government
or local leaders (in case of customary land) to settle.

PAPs who have no legal right or claim to the land they are occupying. This class of people
includes those that settle at a place on semi-permanent basis (renting), or those settling at a
place without any formal grant or authority (encroachers).

PAPS using the social facilities to earn their sources of livelihoods and/ or income.

PAPs who are licensed and employed in slaughterhouses, garbage disposal points, river
crossing etc. whose services will be replaced by the installation of machine or improvement of
the infrastructure.

Displaced persons under paragraph (a) and (b) shall be compensated for the affected land,
building or fixed assets (crops/trees) on the land taken by the project in accordance with the
provisions of this framework if they occupy the project area prior to the cut-off date.
Displaced persons classified under paragraph (c) shall be eligible for compensation for the
assets only but not land. Displaced persons who encroach on the project area after the cut-off
date shall not be entitled to compensation, or any resettlement assistance or any other form of
rehabilitation assistance.
Displaced persons classified under paragraph (d) shall be eligible for compensation on the
lost income/profit at the time of relocating and reestablishment of their business.
Displaced persons classified under paragraph (e) shall be eligible for compensation on the
52
affected employment/livelihoods from that social facility.

There are several categories of affected people depending on the nature of the projects that
have been identified. The different categories of PAPs with their potential types of losses are
summarized in Table below.
TABLE 10: DIFFERENT CATEGORIES OF PAPS WITH CORRESPONDING LOSSES
PAP Category Types of Losses
Owners of plots without  Loss of land, or Loss of land and crops and trees
buildings/ land for  Loss of intrinsic values e.g. location convenience
agriculture /
horticulture/grazing in the
way-leave;
Owners of plots with land  Loss of land and dwelling houses
and houses and other  Loss of other buildings and structures, such as
buildings in the way-leave; sheds for domesticated animals, food grain
storehouses, etc.
 Loss of productive crop land,
 Loss of standing crops, both perennial and
seasonal,
Owners of plots with  Loss of source of earning, income,
commercial buildings  Loss of Land and buildings
within the project sites;  Loss of intrinsic values e.g. location convenience,
patronage of customers, connectivity to water or
electricity etc
Business owners occupying  Loss of source of earning, income,
business spaces/stalls in the  Loss of income and profit for market vendors
markets and other facilities
Loss of livelihood  Loss of livelihoods
supporting activities
Community assets: schools,  Loss of Land
market centres, religious  Loss of intrinsic values e.g. location convenience,
institutions churches. connectivity to water or electricity etc

3.4.2 Entitlement Matrix


Each RAP should develop a resettlement matrix that identifies the expected negative impacts
from the project, the eligible persons for compensation, taking in account the compensation
policy that is to be applied. The entitlement to compensation and assistance of livelihood
stabilization shall be defined according to the Tanzanian regulations in compliance with WB –
ESS5 standards. Entitlement shall be categorized based on the proposed eligibility to the loss.
The detailed subprojects under DMDP 2 project is diverse and the actual land acquisition and
requirement has not yet been specifically identified. However, the rapid appraisal carried out
during the preparation of the RPF, listed types of PAPs who are potentially facing losses arising
from the expected projects (see Table 4). The identified categories of PAPs are eligible for
compensation entitlements according to the Tanzanian laws and WB ESS5 standards.
Accordingly, this RPF presents eligibility and entitlement matrix that will serve as a tool for
establishing entitlement to the various categories of PAPs.

53
Table 11: Entitlement Matrix for Various Categories of PAP
Types of Level of Entitled Persons Compensation Policy Additional Notes
losses Impacts
1. LOSS OF LAND

54
Types of Level of Entitled Persons Compensation Policy Additional Notes
losses Impacts
Agricultura Permanent Farmers/Individuals who ▪ Provide cash compensation at market The payment of replacement costs
l6: Private ( (complete or have formal legal value for the lost land, in addition to the shall consider:
leasehold) partial) loss of ownership rights to land cost of preparing the land to levels ▪ To arrive at a full replacement
or arable and similar to those of the affected land, plus cost of land the value of labour
Customary, grazing land the cost of any registration and transfer invested in preparing
located in the taxes as well as value of labour invested agricultural land will be
sub-project site in preparing agricultural land. compensated for using wage for
▪ In-Kind Compensation i.e. The PAPs be the same period of time.
provided another land (land for land) ▪ Crops and tress will also be
with the same quality and attributes determined by valuation criteria
▪ Provide cash compensation for loss of including level of maturity of
crops or trees at replacement cost the crop and productivity
(according to the approved values by the
ministry of Agriculture and forestry The In Kind compensation should
departments). consider:
▪ Disturbance allowance of 87% of the a) Prior consultations with the
value of land lost will be provided to PAPs. There should be a
those who do not get land for land, willingness from the PAPs
irrespective of the size of land. through signing of agreement
form to confirm their desire for
the in-kind compensation.
b) In case of vulnerable PAPs
(orphans, elderly, widow) the
in -kind compensation may
become compulsory.
c) Prior plan for purchase of

6
Majority of the areas are in the urban however this scenario is likely to happen in some town council with mixed economy
7
This is a government rate at the time of RAP preparation the rates should be reviewed to ensure consistence with the Replacement cost – guiding principle
for this RPF
55
Types of Level of Entitled Persons Compensation Policy Additional Notes
losses Impacts
replacement land will be made
under guidance of PO-RALG
WBG
Farmers/Individuals who No compensation for land. For the transitional period, it is
do not have any a) Provide cash compensation for loss of recommended that:
recognizable legal right crops or trees at replacement cost a) Transitional assistance should
or claim to the land (according to the approved values by be provided at least six months
(Encroachers) the Chief Valuer). are provided if not more for all
b) Provide cash compensation for labor PAPS.
during the land preparation at b) current market value of the
replacement cost. crops should be considered
c) In case there are seasonal crops in the which is calculated besides the
field, assessment to determine growth transitional cycle of re-growing
rate be made and the PAP will be given the same type of crop, plus cost
grace period up to the harvesting for the involved.
crops reached 80% of the full growth. c) In case of additional land all
crops found on the ground at
construction stage with growth
rate less than 80% shall be
compensated
Descriptive users of the a) Provide (temporary or permanent) ▪ Compensation for the standing
community land as alternative land with facilities of same or crops/ damaged during the
business spaces (open improved standard (access and easy construction period shall be
markets), transport connection, security. paid at market value
b) Licensed/registered users (who pay ▪ Cost of clearing and preparing
levies/tariffs payers) provided tariffs replacement agricultural land
holiday at the period of transition up to
six months.
Farmers/Individuals who a) Compensation for trees and permanent  Compensation for the standing
have recognizable claim crops shall be paid according to the crops/ damaged during the
56
Types of Level of Entitled Persons Compensation Policy Additional Notes
losses Impacts
to the land (users) values directed by the government construction period shall be
gazette or as directed by the regulatory paid at market value
bodies.  Cost of clearing and preparing
b) Compensation of any development replacement agricultural land
exhausted over the land
c) Rights to salvage the materials
Loss of Permanent Individuals who have ▪ Provide cash compensation at •Consultations and formal
urban (complete or formal legal ownership replacement cost of land. agreement with PAPs on type of
residential or partial) loss of rights to land ▪ In - kind provision of alternative land of compensation (cash or in-kind)
commercial urban residential equal size and use, with similar or •If available and requested by the
non-arable non-arable land improved public infrastructure facilities PAPs and agreed to by the
land or and services and if possible the subproject and concerned
access to it replacement land should be located in authorities: provide equivalent
the same locality of with the affected land nearby, of similar size,
land, plus the cost of any registration value, and quality
and transfer taxes. •In addition, the subproject will
▪ Provision of disturbance allowance bear the cost of any registration
Disturbance allowance of 8% of the and transfer taxes as well as
value of land lost will be provided to value of labor invested in
those who do not get land for land, preparing of that land.
irrespective of the size of land.
Individuals who do not ▪ Cash Compensation: Included in the consultation
have ownership rights to a) In case there are developments on the process
land but have temporary land such as structures, provide cash
or leasing rights (Tenants) compensation at replacement cost for
the materials used to rebuild the
structures or to partially repair an
affected structure.
b) Disturbance allowance 8% of the
compensation
57
Types of Level of Entitled Persons Compensation Policy Additional Notes
losses Impacts
c) Transition allowance covering the
period of transition to reestablish in the
new areas, (six months’ rent
recommended).
d) Transport allowance to relocate the
materials and equipment.
Individuals who have no a) Cash Compensation: The measures for these PAPs will
ownership rights to land e) In case there are developments on the also include assistance to provide
but using the land land such as structures, provide cash such persons with an
(encroachers) compensation at replacement cost for opportunity to reestablish their
the materials used to rebuild the livelihoods elsewhere.
structures or to partially repair an
affected structure.
f) Disturbance allowance 8% of the
compensation sum
Permanent or Individuals who do not a) Cash Compensation at replacement
Temporary loss of have ownership rights to cost: The PAPs will have the right to
urban commercial land but have legal USER g) for business structures shops, stalls and salvage the building materials.
(business space) rights to the land (licenced benches
Trader in a markets). h) Social business facilities (e.g. water
kiosks, workshop, garage, parking
space etc..) on the land, provide cash
compensation at replacement cost,
i) Disturbance allowance 8% of the
compensation sum associated to the
impacted structure.
j) Loss of profit for 36mothns
k) Transport allowance to relocate the
materials and equipment.
OR
58
Types of Level of Entitled Persons Compensation Policy Additional Notes
losses Impacts
▪ In – Kind Compensation:
a) Authorities: provide (temporary or
permanent) equivalent land nearby, of
similar size, value, and quality
b) Provision of development and
resettlement assistance, including
business areas (temporary shops),
transport facilities and other supporting
facilities.
c) For the transitional period, it is
recommended that:
Transitional assistance be provided at
least six months for all registered PAPs
Individuals who do not Cash Compensation
have ownership rights to ▪ Loss of profit for the specified time of
land but have legal USER transition (3-6 months as applicable)
rights to the land ▪ Disturbance allowance 8% of the
(licenced/registered compensation sum
operators of the transport OR
modes) In – Kind Compensation
Authorities: provide (temporary or
permanent) equivalent land nearby, of
similar size, value, and quality
2. LOSS OF STRUCTURE
Loss of Permanent full Individuals who have Cash Compensation  Consultations and formal
structures or loss of Main formal legal ownership a) Provide cash compensation at agreement with PAPs on
access to Dwelling Houses rights to the structures replacement cost type of compensation (cash
them b) Disturbance allowance (8%) or in-kind, i.e relocation)
c) Accommodation allowance (duration of  In-kind compensation will be
payable for those losing
59
Types of Level of Entitled Persons Compensation Policy Additional Notes
losses Impacts
main dwelling houses or
this allowance to be agreed upon ) parts of residential structure
equivalent to the rental rates for the such as toilet, kitchen, shed
house of similar attributes. and storage
d) the cost of any registration and transfer  Fully loss of a house is
taxes. computed when the one or
OR the following happens:
In – Kind Compensation a) entire house is subjected to
d) Authorities: provide a replacement demolition
house of similar size, value, and quality b) the proportion of the
e) Disturbance allowance up to 8% of the impacted area is more 30%
value of the affected house. of its area;
f) Transport allowance to relocate the c) the main features of the
materials and equipment. house such as soak tank and
g) Right to salvage the materials toilet or kitchen subjected to
be demolished.
Individuals who have no - Provide cash compensation at If their livelihoods are affected,
formal legal ownership replacement cost the measures for these PAPs will
rights to the structures - Transport cost for the PAPs shifting also include assistance to provide
but recognized (informal, within a distance up to 20km such persons with an opportunity
including encroachers) - Accommodation allowance (36 months to reestablish their livelihoods
duration of this allowance to be agreed elsewhere.
upon)
Tenant with proof of a) Reimbursement for unexpired tenancy/ Proof of a formal rental agreement
tenancy in PAP house lease period and the amount of deposit has to be provided.
or advance paid by the tenant to the Note: Amount will be deducted from
landlord or the remaining amount at the compensation of loss in profit that
the time of expropriation. will be payable to land owners.
b) Disturbance Allowance 8% of the
compensated tenancy sum
60
Types of Level of Entitled Persons Compensation Policy Additional Notes
losses Impacts
c) Transport allowance to shift up to 20km
distance
Permanent Individuals who have  Consultations and formal
partial loss of formal legal ownership agreement with PAPs on
a) Cash Compensation
Main Dwelling rights to the structures type of compensation (cash
e) Provide cash compensation at
Houses or in-kind, reconstruction
replacement cost
of the structure)
f) Disturbance allowance
 Partial loss of a house is
g) Right to salvage the materials computed when one or the
- In – Kind Compensation: following happens:
h) Authorities: undertake construction of  Small part (less than 25%) of
the impacted/demolished portion at the the house is subjected to
same standard quality demolition
i) Disturbance allowance up to 8% of the  The main features of the
value of the affected house. house such as soak tank and
toilet or kitchen are not
subjected to demolition.
Individuals who have no Consultations and formal
formal legal ownership Provide cash compensation at agreement with PAPs on type
rights to the structures replacement cost of compensation (cash or in-
but recognized (informal, kind, i.e relocation)
including encroachers)
▪ Reimbursement for unexpired tenancy/
Tenant with proof of lease period and the amount of deposit Proof of a formal rental agreement
tenancy in PAP’s or advance paid by the tenant to the has to be provided.
dwelling house landlord or the remaining amount at the Note: Amount will be deducted from
time of expropriation. the compensation of loss in profit that
▪ Disturbance Allowance 8% of the will be payable to land owners.
compensated tenancy sum
▪ Transport allowance to shift up to 20km
61
Types of Level of Entitled Persons Compensation Policy Additional Notes
losses Impacts
distance
Permanent or Individuals who have b) Cash Compensation  Consultations and formal
temporary loss formal legal ownership ▪ Provide cash compensation at agreement with PAPs on type
of business or rights to the structures replacement cost of compensation (cash or in-
commercial ▪ Disturbance allowance kind, i.e relocation)
structure ▪ cost of transporting building materials  In-kind compensation will be
to the construction site, payable for those losing
▪ the cost of any registration and transfer business house/space
taxes.  Full loss of a house is
▪ Allowance for loss of profit per month computed when the one or the
following happens:
(between 1-3 months by type of
- entire house is subjected to
structure and nature of business,
demolition
amounts should be quoted separately
- the proportion of the
for each business category and
impacted area is more 30%
computed in Tanzanian shillings) In
of its area;
c) In - Kind Compensation:
the main features of the house
▪ Authorities: provide a replacement
such as soak tank and toilet or
house nearby, of similar size, value, and
kitchen subjected to
quality
demolished.
▪ Disturbance allowance up to 8% of the
▪ Given that the business profit
value of the affected house.
margins vary according to the
▪ Transport allowance to relocate the
location and time; RAP
materials and equipment.
developer will capture the
▪ Right to salvage the materials proper information during RAP
▪ Allowance for loss of profit per month preparation.
(between 1-3 months by type of structure Proof of accrued monthly
and nature of business, amounts should profits through tax and
be quoted separately for each business business licenses) must be
category and computed in Tanzanian provided
62
Types of Level of Entitled Persons Compensation Policy Additional Notes
losses Impacts
shillings)
Tenants with proof of a) Reimbursement for unexpired tenancy/ Proof of a formal rental agreement
tenancy in PAP’s lease period and the amount of deposit has to be provided.
dwelling house or advance paid by the tenant to the Note: Amount will be deducted from
landlord or the remaining amount at the the compensation of loss in profit that
time of expropriation. will be payable to land owners.
b) Disturbance Allowance 8% of the Note: PAP relocating beyond
compensated tenancy sum 20km will not be entitled to this
c) Transport allowance to shift up to 20km amount.
distance However, the project would
d) Allowance for loss of profit per month consider payment of the transport
(between 1-3 months by type of allowance not exceeding 5% of the
structure and nature of business, compensation on the structure.
amounts should be quoted separately
for each business category and
computed in Tanzanian shillings
Individuals who have no Consultations and formal
formal legal ownership Provide cash compensation at agreement with PAPs on type of
rights to the structures replacement cost compensation (cash or in-kind, i.e
(informal, including relocation)
encroachers)
3. STANDING CROPS, TREES, AND PLANTS
Loss of Permanent loss of Farmers or individuals Provide cash compensation at replacement ▪ A comparative list of the prices of
standing standing crops, who cultivate the land cost agricultural products in local
crops, trees, trees, or plants and who have formal for loss of crops, trees, or plants at markets.
or plants legal ownership rights to replacement cost ▪ The valuation of perennial crops
or access to the land on which the a) Disturbance allowances 8% of the total will be based on the product of
them crops are planted value of the crops their average yield (kg/tree/year).
b) Right to collect the trees and crops ▪ Valuation will be based on the
products
63
Types of Level of Entitled Persons Compensation Policy Additional Notes
losses Impacts
Reimbursement for unexpired rental period product of yield, period between
and the amount of deposit or advance paid by planting and bearing of fruits
the renter to the landlord or the remaining and market price.
amount at the time of expropriation. ▪ The sub-project activities should
c) Provide cash compensation for loss of take into consideration the
crops, trees, or plants at replacement cropping patterns and seasons in
cost. order to avoid partial or
Farmers or individuals
d) Disturbance allowances 8% of the total complete loss if possible.
who do have formal legal
value of the crops
USER rights to land on
e) Right to collect the trees and crops
which the crops are
products
planted but have
Reimbursement for unexpired rental
temporary or leasing
period and the amount of deposit or
rights (tenants)
advance paid by the renter to the
landlord or the remaining amount at
the time of expropriation.
Farmers or individuals a) Provide cash compensation for loss of
who cultivate the land crops, trees, or plants at replacement
and who have no formal cost.
legal ownership rights to b) Disturbance allowances 8% of the total
the land on which the value of the crops
crops are planted c) Right to collect the trees and crops
(encroachers) product
4. INCOME OR ACCESS TO INCOME (COMMERCIAL, BUSINESS, AND INDUSTRIAL ACTIVITIES)
Loss of Permanent Registered/licensed Cash compensation: Payable loss of profit will be
source of /Temporary loss Traders (owners) ▪ The net monthly profit of the business calculated based on evidence
Profit earned of profit /services providers of carried out shall be replaced for 36 months. obtained through audited accounts
from formal registered To carter for transition period during (i.e. Loss Profit = Net profit/p.m. x
Business /licensed businesses relocation processes. 36 months).
• Transport/shifting allowance (calculated Note: the transitional allowances
64
Types of Level of Entitled Persons Compensation Policy Additional Notes
losses Impacts
based on Tz Laws. shall be computed from the loss of
OR profit of the employers.
In-Kind compensation
▪ Provide tax and tenancy holidays for
a specified period of time that will be
equivalent to the calculated loss of profit.
• Provide in kind provision of new business
space (temporary or permanent)
• Disturbance allowance8% of the amount
payable.
• Be provided in kind transportation
Loss of Permanent loss of Workers in informal • Provide transitional cash compensation
source of income source or registered businesses until new employment is secured based
income or access to it on minimum wage per month in the
access to respective district (at least six months are
source of provided if not more)
income Temporary loss of Registered /licensed • Provide cash compensation for the
income source or employees of business duration of business/income generation
access to it (in the that is disrupted based on net income.
markets/slaughter OR
houses) ▪ Provide Disturbance allowance of 8% of
the profit for the period of six months
• Provide alternative temporary business
space
• These PAPs shall have top priority in
reallocation of business space in the new
facilities
Temporary loss of Informal vendors Provide cash compensation using Consultations
income source or alternative methodologies
access to it
65
Types of Level of Entitled Persons Compensation Policy Additional Notes
losses Impacts

5. LOSS OF COMMON PROPERTY RESOURCES AND CULTURAL RESOURCES


Hand- User of such Affected area  Replacement or restoration of affected Replacement / Restoration or
pump, dug- resources (can be structures/facilities. augmentation of existing
wells, individual or  Enhancement of community resources. infrastructure based on identified
Structures, communities) need and to sustain pressure of
natural fish that use Affected Facilities (AFs).
ponds, communal
raffia, resources as an
grazing element of
fields, livelihood.
natural
medicines,
animal
drinking
places)
Destruction Can be Evidence of ownership  Compensation for cost of repair if falling  Identification of the new
or damage individual, of the affected heritage inside of the Project area, or relocation in sites.
to shrines family or resource. accordance with Tanzanian law and  Relocation of the
and community. traditional customs (including pacification
graves/cultural item.
and purification).
graveyards  Costs to cover the reburial
 Preservation, compensation and relocation
ceremonies, buying of
activities will be done in consultation with
coffins and construction of
affected individual / family or relevant
tombstones for graves that
Government institutions responsible for
had tombstones
cultural heritage or National antiquities

Permanent Community Communities (districts,  Replacement or restoration of affected Replacement / Restoration or


loss of land owned public towns, Wards and structures/facilities. augmentation of existing
and/or toilets, market Mitaas) owning the land  Enhancement of community resources. infrastructure based on
access to places, or assets
66
Types of Level of Entitled Persons Compensation Policy Additional Notes
losses Impacts
assets transportation identified need and to sustain
parking spaces, pressure of Affected Facilities
schools, and (AFs).
health centres
6. LOSS EMANATING FROM CONSTRUCTION ACTIVITIES
Loss of Temporary or Regular users of the ▪ Provision of alternate access. Provision of access path(s), wooden
Access due permanent places close to ▪ Compensations planks, etc. not exceeding 100
to disruption of construction sites meters. at identified locations in
construction access livelihoods activates due consultations with community
works to improved
infrastructure (homes,
business, schools,
hospitals etc.)
Damage on Cracks on the Structure owners and  Supplementary RAP be conducted to Need for determining a baseline
houses and walls, collapse of users determine the impacts and compensation about the status of the structures
structures walls and be paid for in-kind OR cash at before the projects start
due to unstable replacement cost.
movement structures  Cash payment for temporary PAP to report to Resettlement
of accommodation of the severely impacted Grievance Management
machinery, dwelling structures at a cost of renting Committees to resolve issues.
deep cutting same size of house within the vicinity for
on the hills six months. Cost shall be determined based on
and/or high  To be undertaken on a case-by-case basis the requirement quantity of
filling of the and repair the damage concrete for rebuilding the
valleys footpath.
7. ADDITIONAL SUPPORT TO VULNERABLE PEOPLE
Loss of Permanent loss All users present at the ▪ Supporting waste pickers in accessing Registration of informal waste
Sources of of access to the cut off date as waste alternative sources of livelihoods pickers at each of the sub-projects
revenues by recycling pickers ▪ Offering training to enable them access prior to announcing cutoff date
waster materials employment opportunities and/or other under three categories- (i) those
67
Types of Level of Entitled Persons Compensation Policy Additional Notes
losses Impacts
pickers income generating schemes who spend all of their time at the
site (ii) those spent not more than
60% of their time at the site and (iii)
those spent less than 30% of their
time on the site.

68
3.5 Provisions on Economic Displacement
The guiding criteria regarding the management of economic displacement in the project will include:

1) Measures to allow affected persons to improve, or at least restore, their incomes or


livelihoods. The plan will establish the entitlements of affected persons and/or communities,
paying particular attention to gender aspects and the needs of vulnerable segments of
communities, and will ensure that these are provided in a transparent, consistent, and
equitable manner. The plan will also incorporate arrangements to monitor the effectiveness of
livelihood measures during and after implementation. The mitigation of economic
displacement will be considered complete when the completion audit concludes that affected
persons or communities have received all of the assistance for which they are eligible.
2) Economically displaced persons will be compensated for the loss at replacement cost:
a. In the case of commercial enterprise, the cost of identifying a viable alternative
location, net income lost during the period of transaction, cost of the transfer and
reinstatement of the plant, machinery or other equipment and of re-establishing
commercial activities. This provision is differently tackled by the Tanzania’s laws and
practice which limits this to loss of profit.
b. In the cases of PAPs with legal rights/claims to land that are recognized or
recognizable under customary laws , replacement property of equal or greater value
will be provided or where appropriate cash compensation at replacement costs.
c. In cases where displaced persons have no legally recognizable claims to land, they
will be compensated for lost assets other than land at replacement cost. They may
additionally be assisted with an opportunity to reestablish livelihoods elsewhere. It
is important to note the World Bank does not approve of compensation or assistance
to persons who encroach on the project area after the cut-off date.
3) Economically displaced persons will be provided opportunities to improve, or at least restore,
their means of income-earning capacity, production levels, and standards of living:
a. For persons whose livelihoods are land-based, replacement land that has a
combination of productive potential, locational advantages, and other factors at least
equivalent to that being lost will be offered where feasible.
b. For persons whose livelihoods are natural resource-based and where project-related
restrictions on access, measures will be implemented to either allow continued access
to affected resources or to provide access to alternative resources with equivalent
livelihood-earning potential and accessibility. Where common property resources are
affected, benefits and compensation associated with restrictions on natural resource
usage may be collective in nature.
c. If it is not possible to obtain replacement land, the PAPs, it may be feasible to offer
PAPs with options for alternative income earning opportunities, such as credit
facilities, skills training, employment opportunities or cash assistance additional to
compensation for assets.
Transitional support will be provided as necessary to all economically displaced persons,
based on a reasonable estimate of the time required to restore their income-earning capacity,
production levels, and standards of living.

XXXX

3.6 Disclosure and Compensation Signing and Draft RAP Preparation


Subsequent to field work the RAP developing team shall embark on the compilation of all data
collected and its analysis towards report preparation, as described below:

Disclosure and Compensation Agreement Forms Signing:


69
A Disclosure datasheet that will be prepared using the existing database developed for RAP
with valuation data incorporated. Specifically, it will be comprised of the following:
i. Valuation data for affected assets and PAPs must be included such as land size (sqm),
house and structures (classified by type and Sze) numbers; Trees, varieties of trees
(Indigenous, Fruit, Exotic etc.) with sizes (small, medium and large/mature) by number and
values, crop permanent crops by number and values according to the ministry of
agriculture.
ii. PAP identification, Unique number assigned to the affected land parcels; name of the PAP
as per official and valid ID, age sex, social status, health status, economic status, Status of
Ownership, area of affected plot that will be compensated, occupation, vulnerability status
along with their signature are included in the database apart from the valuation data for
asset.

iii. Approved rates will be inserted against each of the recorded assets to help compute the
compensation and assistances payable to each PAP.

iv. Disclosure of the Final House designs to PAPs to ascertain the PAPs choices of the designs
for the replacement of the impacted main dwelling structures (Replacement House) shall be
undertaken during disclosure and compensation agreements to be signed. The features of
house designs will be simplified for this purpose and thereby enable the PAPs to
comprehend them easily. Adequate team members comprising community development
GIS and architect should be deployed along with surveyors to approach PAPs to explain
the house designs and capture their choices and convey the same to the RAP
implementation teams to enable preparation of BOQ for the house construction contractor.

Details from these Disclosure Sheets will also be copied onto Compensation Agreement Form
that will be prepared by the RAP team and approved by LGAs. The Compensation Agreement,
translated into Kiswahili language, will be printed with all cells populated with payable
amounts.

3.6.1 Updating Database post-Disclosure


Subsequent to the disclosure exercise, any corrections to inventory of trees, types of trees,
structures types in terms of materials and dimension, or name of PAPs will be updated in the
database. Previously unknown or missing PAPs might be showing up during the disclosure
and they will be identified and listed by names and checked in the project areas instantly by
using GPS to know their real position on the wayleave. Valid PAPs will be enlisted in the PAP
list and their asset and other Census and Socio-economic information in the database be
updated. Those new PAPs will be attended later in another disclosure meeting and their
signatures be obtained on the agreement form for their asset.

70
4 RELOCATION PLAN FOR TEMPORARY AFFECTED PAPS

This section presents an approach to manage PAPs who may be temporarily impacted by the
subprojects. Some PAPs may have to relocate their businesses or other economic activities. The aim is
to address the actions that will be necessary to follow in the resulting temporary relocation from one
site to another. Such actions will have to be carried out before construction starts. Some of the likely
activities will include clearing access to a site. It is recommended that the RAP will be expected to
include actions that bring affected PAPs (traders) back to the site after reconstruction. In order to
ensure that all PAPs users of the existing facilities get priority in the new facility the following steps
are recommended to be undertaken prior to the Commencement of construction works.

Step 1: Delineation of facility Area and Identification of Host (resettlement sites


Assessment of the existing facilities: The Surveyors and GIS experts (in the RAP developing Team) in
collaboration with LGAs will delineate the boundaries of the existing facilities. The Team will use GPs
to pick coordinates that will enable them establish spatial location of the project site for ease
processing of the maps. Also, will assess the area to identify all possible pulling factors (the aspects
that attract) people to come to these areas for buying/selling of goods: such as access, security hygiene
and sanitation etc.
Assessment of the candidate sites for relocation of the markets: The site survey team (Surveyors and GIS
experts) shall visit all the candidate areas for relocation of the market facility. The aim is to ascertain
adequacies in accommodating the market population of the vendors. Ideally, candidate sites for
relocation of the market facilities should be large enough to accommodate the entire group of vendors
that are to be displaced; affordable the tariffs should be equal or less; easily accessible; readily
serviceable (there should be toilet facilities); hazard free areas. Much more important the areas should
be as close as possible to the original site to reduce secondary effects of relocation such as increased
travel costs, loss of livelihoods. Options that involve resettlement over several sites may also be
feasible and should not be immediately excluded. Land tenure issues and the possible views and
needs of the current owners of the potential sites need also to be considered. An inventory of each site
according to the selection criteria should be made. The site evaluation and selection process should be
carried out in an open and transparent manner.

Step 2: Consultations, Enumeration of the PAPs and valuation


Consultations: LGAs will facilitate meetings with the market vendors to explain the intent of the
government to upgrade the market facilities. From the onset, the vendors should be encouraged to
choose for In-kind compensations. In this regard, the vendors be well informed on the procedures
that will be applied to safeguard their statuses including: valuation methods, database management,
disclosure and signing of compensation agreement, relocation to temporary sites and subsequently
the procedures for allotment of the business spaces in the new structures.

All key stakeholders (vendors), the current owners and users of potential sites, should be engaged in
the comparative evaluation of the potential sites. As long delays may arise as a result of resistance to
the process both from the displaced and from the proposed locations’ land owners, much attention
should be given to the governance process of resettlement. In this regard, public land may be
preferred above private land for resettlement where feasible.

Inventory of business spaces: Surveyors will work with market leaders to ensure that each immovable
business space (bench, stall, shop, etc,) is assigned a unique identification number. If a vendor
occupies more than space scatted in the same facility, each individual space will be counted
separately. The Valuer will assess the business and assign a value to it.

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Enumeration of PAPs: Baseline Survey shall be carried out to identify the PAPs owners of the business
spaces within the market area. It is much import natant that Data are collect electronically though
Open Data Kit technology (or any other acceptable and user friend software), subsequently a
database for the PAPs be developed. The community development Specialists (CDS)/sociologist;
Valuer shall work closely with Market leaders to educate the market /facility users on the advantages
of the project as well as the process to be followed in safeguarding their interests including all rights
to be imparted to the founder members. The Census should further consider capturing PAPs
biometric data as much as possible to ensure proper identification.

Valuation of Business and structure: A Valuer shall capture the information relevant for valuation of the
business space, and profit margins.

All PAPs (owners) of business spaces/benches/hawkers/shops shall be identified by the help of


market leaders. The sociologist/CDO will carry out enumeration of the market vendors with a simple
census form to capture basic information of the PAP. During census the detailed identification of
each PAP will be taken: the name according to the ID (Voter ID, Passport, Driving License, etc, PAP
photographs and communicating the cutoff dates.
STEP 3: Data Compilation and Creation of Database
Upon completion of step one and two above, the RAP team teams will compile the information and
prepare a database of the PAPs. For the RAP team to establish period for the rental and tariff holiday,
it is necessary that RAP team work closely with other departments in the LGAs especially; revenue,
markets and legal officers.

Each PAP will be assigned a unique number: the numbers will take initials form the facility, followed
by the zone (in markets there are zones for each activity e.g vegetable selling, butchery, cereals etc.
then followed by the number of the PAP according to the geographical positioning of the business
space that the PAP is occupying in that specific market. Based on this information the Pap will be
issued with IDs. These IDs will help the identification of the PAPs after the completion of the facility
upgrading works.

Note: the baseline information will help the facility design team to understand the level of clientele, and the
types of economic activities carried out in that particular market.

STEP 4: Disclosure of Information and Signing of Agreement Forms

Upon completion of database and valuation process the LGA and RAP team will go back and hold a
meeting with the PAPs (market vendors) for second round consultations. During these meetings the
PAPs will be informed on the outcomes from the data collection exercise. including: valuation
processes, database management, disclosure and signing of compensation agreement.

RAP team will disclose the compensation entitled for each PAP. In order to meet a desirable level of
confidentiality PAP’s information the team will print separate page containing the for each PAP. The
PAPs who have accepted the entitlement will sign the compensation agreement forms on the value
cum tax and rental holiday period as well as consent for reediness to give out space once an
alternative (temporary) business space is provided. The agreement form will be signed in the
presence of LGA authority and market leaders.

STEP 5: Allotment of business spaces in the new markets

Upon completion of construction works and after the new facility is handled to the LGAs, the PIU,
LGAs and facility (market) Committees will jointly visit the sites and place placards indicating the
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various sections. Guided by the database they will place numbers for each business place
corresponding to the original PAPs to ensure that each PAP has a new business place. There after
other processes will follow including consultation meetings on the dos and don’ts within the new
facilities. Special attention will be made to vulnerable persons including waste pickers. Vulnerable
persons such as those with disabilities will be allocated space that is purposely constructed to ease
access. Similarly, female-headed households will be given priority in the allocation of business space.

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5 DUE DILIGENCE REPORT

5.1 Introduction:
A Due Diligence Report (DDR) will be prepared when the land is acquired and the involuntary
resettlement activities have been implemented, prior to the project implementation by the LGAs. The
aim of the DDR is to ensure that the procedures and processes that were followed during land
acquisition and involuntary resettlement were in line with the World Bank’s ESS 5, document the
process, and determine if there are any pending actions that will need to be completed to ensure
alignment with ESS5. Hence the RAP preparation team will undertake a due diligence exercise that:
i) helps ascertain gaps in compliance between previously applied procedures and processes of
land acquisition and the current adopted standards (of the WB- ESF) as the case may be and
practices followed as per national laws;
ii) enables the consultant and PIU to understand the prevailing situation and identify existing
social impacts, grievances that need to be sorted for assurance of smooth project implementation
etc.
iii) guides the consultant to proposes suitable measures for bridging gaps and shortcomings
/provide recommendations in terms of actions to be undertaken to ensure compliance to the
ESS5 and
iv) Proposes measures for mitigating the existing social impacts and well as grievances

In undertaking the survey RAP preparation team will use a checklist relevant to capture information
encircling the status of land acquisition and/or involuntary resettlement of the particular subproject or
site and if the resettlement has adhered to the WB ESS5 or any international standards. In the due
course the developer should collect all supporting documents eg. Title deeds, lease, transfer,
agreement, details of the initial use of the land eg. number of PAPs, copies of compensation payment
proofs of payments (owners, squatters, encroachers and types of crops).
5.2 Approach To Due Diligence Exercise
The DDR preparation will involve desk work and field work as listed in the subsections;
5.2.1 Secondary data collection - Review of documents
This involves review of project documents and other relevant sources of information including District
Socio-economic Profile, Census report, the Resettlement Policy Framework (RPF), Environment and Social
Management Framework (ESMF), Labor Management Procedure (LMP) and Stakeholders Engagement
Plan (SEP). The review also covered relevant national policies, legislations as well as the World Bank
Environment and Social Framework (ESF). The review was done to understand the project, its scope, and
existing gap to be considered during preparation of this DDR.
5.2.2 Primary data collection – Field work and site observation

Consultations with stakeholders: These consultations were useful for: understanding stakeholders’
knowledge, views and concerns on the project; explaining the scope and expected impacts of the project
including land acquisition matters; and raising awareness on how the project is prepared to address
relocation and compensation issue. They were also used to understand existing challenges and deficiencies
in the current facilities; stakeholders’ expectations on the project design; and availability of work force
during construction. The interviews with service providers were additionally used to understand
procedures for relocating the utilities in case they are impacted in terms of cost, time, and required man
powers.

The consulted stakeholders should include respective communities, users, formal owners as well as
Councils Management Teams (CMTs), Project Implementing Unit (PIU), Local Government Leaders,
Tanzania Rural and Urban Roads Agency (TARURA), TANESCO, LATRA, TTCL and other
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telecommunication companies. The stakeholders’ views and concerns should be attached in the DDR as
Appendix 1.
5.2.3 Data analysis and report preparation
All data collected should be properly analyzed for report preparation, The DDR Outlines is provided in
annex 3.2 .

Temporary Relocation Plans (TRPs)

6 ORGANIZATIONAL ARRANGEMENTS FOR COMPENSATION DELIVERY

This section describes organizational arrangements, roles and responsibilities for various parties
involved in RAP implementation. The section further spells out the actual process for delivering the
entitlement including, processes for approvals.

6.1 Organizational Arrangements – Role and Responsibility


6.1.1Project coordination
The PO-RALG -TARURA is holding a custodianship of DMDP 2 project. PO-RALG is responsible for
control and approval of all studies and implementation of construction works under the DMDP 2
project through TARURA -World Bank Coordinating Unit (WBCU) established at the national level to
coordinate and implement the project.

6.1.2 The TARURA - Project World Bank Coordinating Unit (WBCU)


Responsibilities of WBCU will include issues related to the preparation of the project, including the
development of the ESMF, RPF, SEP, the procurement strategy and plan, and other work widgets.
The WBCU is led by a Project Coordinator with relevant staff. The WBCU will oversee overall
coordination of RAP implementation, reporting to the WB regarding safeguards issues, as well as of
integrating safeguards requirements into bidding and contracting documents. It is the responsibility
of WBCU and those of TARURA HQ to interact with the environmental and social authorities,
ensuring an efficient implementation of safeguards documents. The officials should undertake,
randomly, field visits and environmental supervision and monitoring, assessing environmental
compliance at worksites, advising Project Implementing Units (PIUs) at LGA level on environmental
and social safeguards issues. The WBCU-TARURA will, also, be responsible for identifying training
needs of all parties involved in RAP implementation. The WBCU will cooperate with all local
institutions to provide a successful implementation of the Resettlement Procedure (RAP).

6.1.3Project Implementing Units


It is assumed that the project would be implemented at the local level through PIUs which will be
working closely with the respective cities, municipals and town councils.

The PIUs will include Environmental and Social Safeguards Specialists (ESS), whose main duties
would be to ensure that the project activities are implemented in compliance with the WB safeguards
Standards and GoT rules and procedures. Among major responsibilities of the PIU ESS will be the
following:
a) ensuring that contractors comply with all ESMPs requirements;
b) conducting ESMP supervision and monitoring and assessing environmental and social
impacts and efficiency of mitigation measures, as well as identifying noncompliance issues or
adverse trends in results, and putting in place programs to correct any identified problems;
c) when in need, providing advises and consulting contractors in RAP implementation; and
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d) reporting to the WBCU with regard to implementation of the Resettlement Procedure.
e) Monitoring recording, participate in grievances resolution meeting and reporting.

The WBWC can consider budgeting for additional experts or NGOs/CSOs to facilitate in reaching out
to the communities.

6.1.4Land Resources and Town Planning Department


For each LGA under the Project is responsible for identifying and verifying property boundaries and
ownership. They also will clarify land allotment certificates for agricultural land that has been
formally registered and transferred to the Immovable Property Registration Offices.

6.1.5 The Local Government authorities


District/Municipal councils and local communities (Mitaa) are the final beneficiaries of the project
implementation; it is required continuous assistance and presence during all the progress of the
project. They will be responsible for the coordination of the implementing procedures and execution
of the compensation together with PO-RALG/ WBCU.

In the Table below respective institutional arrangement is presented. The table describes in detail the
steps of a Resettlement Action Plan (if any) to be implemented.

Table 10: Institutional Arrangements for Implementation of the Resettlement Process

Institutions Description of responsibilities Remarks

WBCU Safeguards Unit Identification of PAPs, public Information on project effects needs
information, calculation of RAP on RAP, evaluation, and verification
value of PAPs
WBCU Safeguards Unit PAP Consultation Explanation on assets to be affected,
(or identification of the best way for
PIU -SS) on behalf of compensation, explanation of time
WBCU Safeguards Unit) of compensation, main actors on the
implementation process, procedures
to be undertaken and the rights for
Grievances
WBCU Safeguards Unit Preparation of final RAP report Preparation of RAP Report
(or considering comments of WB and
PIU -SS) on behalf of WBCU
WBCU Safeguards Unit)
WBCU Safeguards Unit. Submit RAPs to WB Task Team for No objection from World Bank
WB, review and no objection before experts for the RAP. Formalizing
implementing. Approval of the RAP report and including at
the final report project implementation ToR

WBCU Safeguards Unit Grievance Committee The Grievance Committee needs to


(or Creation be formalized and specific contacts
PIU -SS) on behalf of need to be given to the PAPs.
WBCU Safeguards Unit)
WBCU Safeguards Unit Request for expropriation Fulfil of criteria provided by law,
for public interest especially the necessary documents
that prove the expropriation needs

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Institutions Description of responsibilities Remarks

Local Authority/ PIU Compile the agreement considering Give solution and incite agreements
/PAPs pretends of any parts and legislation supporting PAPs requests upon
legislation
Ministry of Finance Approve and disburse to LGAs the The MoF is the highest government
requested compensation funds structure to approve for utilization
of the public funds. Thus, it has a
lead role in decision making
Local Government Agreement with PAP’s about Important: the fair evaluation of the
Authorities expropriation. properties
Publication of the notice for the The procedure must be followed
expropriation – Declamation carefully and respecting the right of
the third persons to prevent the
complaint to the Court
Examine the suggestions and the The expropriation will be done for
complaints of persons affected by the the persons who will accept to be
process compensated with the conditions
published
PIU Safeguards Unit (or Assistance on the relationship Verification of compatibility of the
Consultant on behalf of between PAPs and Local and/ agreement between interested
PIU Safeguards Unit) Governmental authorities, parties.
/Grievance Committee verifications, and supervision of RAP
implementation
PIU Safeguards Unit (or If needed, the assistance of PAPs on If PAPs have grievances
Consultant on behalf of grievance procedures for
SPCU/WBCU administrative bodies, RAP
Safeguards Unit) procedures, compensation values
/Grievance Committee etc and support PAPs grievances on
the Court

PAPs Opening a Bank Account and Institutional support of the


reporting it at the SPCU. compensation process
LGAs Pay the compensation to persons Ensure that compensation is done
affected by the expropriation before
with respect (amount and time) of
the civil works begin agreements signed by interested
parties and before starting the
project implementation
PIU/WBCU Safeguards Ensure that the process Ensure that compensation is done in
Unit (or implementation has considered all respect (amount and time) of
Consultant on behalf of pretend by both interested parties agreements signed by interested
SPCU Safeguards Unit) parties

PIU/WBCU Safeguards Prepare the final report on Considering that compensations will
Unit RAP implementation be finished before starting the
project implementation.

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It is crucial that the PAPs are informed about their rights and options, at which point they may
discuss matters that need clarification. All information regarding cash compensation amount and size
of land offered for compensation must be presented to each eligible PAP for consideration and
endorsement before cash payment or land compensation can be affected. A committee of peers will be
set up for grievance redress.

6.1.6 Responsibility of Stakeholders


i. Municipal Council in collaboration with SPCU will be responsible for implementing the RAP
ii. WBCU and PIU -shall set up Resettlement Committee comprising representatives of key
Ministries and a local NGO involved in similar projects.
iii. External Audits shall include the evaluation of the implementation of the resettlement action
plans in routine annual audits. Without undue restrictions, the audits may include
assessment of:
 Resettlement conditions where relevant;
 Consultation on compensation options, process and procedures;
 Adequacy of compensation; and
 Adequacy of specific measures targeting vulnerable people.

The following committees shall be established under the LGAs to ensure involvement of other Special
Departments and representation from the PAPs / Mitaa

TABLE 12: RAP IMPLEMENTATION COMMITTEES


Resettlement Committee Compensation Committee District Grievances Redress
Committee.
 PIU Coordinator (Chair) (i) Representative of District (i) Municipal Director
8
 Representative of District Commissioner (Chair) (Chair)r
Commissioner (ii) Representative of Principal (ii) Representative of SPCU
 Representative of LGA secretary of PO-RALG (iii) Representative of
 Representative of Ministry (iii) Representative of Ministry Ministry of Lands/chief
of Lands officer of Lands – lands officer valuer
 RAP Consultant (paying (iv) Consultant (payment (iv) Valuer
argent and RAP agent) (v) Representative from PO-
implementation NGO) (v) Representative from the RALG
(i) Valuer SPCU (vi) Mtaa leader
(ii) Representative of a local (vi) Valuer (vii) Facility grievance
Administrators / Mtaa (vii) Representative of PAPs committee chair
(iii) Representative of PAPs (viii) Representative of PAPs
(ix) Representative of a local
NGO for GBV

6.1.7 Project Resettlement Implementation Unit (RIU)

This RPF suggest for formulation of a lean unit for Project Resettlement implementation at PIU office
(proposed team members and their roles see annex 3). The role of this unit is to ensure the smooth
and timely implementation of the Resettlement Action Plan. This team will also supervise, manage

78
and support the tasks of the community and compensation teams. The coordinating unit will also
resolve any problems related to coordination of the other units.
The RAP Implementation Unit that would broadly undertake the following activities:
 Produce and distribute ID cards
 Report on awareness and outreach meetings – lessons learnt and best practices
 Report on PAPs who have opened bank accounts and received cash
 Facilitate and/or oversee provision of In-Kind Compensation
 Prepare monthly progress reports for each RAP that includes progress as against the scheduled
timeframe of RAP implementation, which shall include physical and financial progress,
 Report on the options made available for PAPs to access economic opportunities, marketing and
credit.
 Assist in Grievance Redressal process
 Assist PAPs with land titling processes
 Assist Contractor(s) Responsible for supervision of In-Kind Housing construction
 Assist Contractors of works with resettlement related issues
 Prepare assignment completion report

6.1.8 Community Liaison and Grievance Redress Officer

Again, this RPF suggest for engagement of a community liaison and grievance redress officer. These
personnel will be working under the PIU. From a community liaison perspective, the key objective of
this officer is to ensure good project relations with both the PAPs and local residents of the affected
areas. The officer will be responsible for informing the PAPs and local residents about the
resettlement and compensation process.

The detailed tasks of the community liaison and grievance redress officer in relation to Community
liaison officer tasks will be to:

(i) Prepare and distribute notices of meetings at least one week prior to the meetings to local
leaders and media such as radio, TV and newspapers. Notices should be distributed in
Kiswahili;
(ii) Organize meetings with local government leaders at the Mtaa level and distribute notices for
general meetings to local government leaders, NGOs and communities;
(iii) Distribute notices, press releases at various points (such as at local government offices,
markets, schools, churches and mosques);
(iv) Meeting with the Mitaa to explain the land acquisition process and to answer questions about
the process
(v) Select appropriate locations for use as payment centres for compensation payments;
(vi) Explain the compensation payment process including the benefits of using a commercial bank
and the role of the commercial bank.

6.1.9 The Commercial Bank (RAP Paying Agent)9


The key roles and responsibilities of the Paying Agent (PA) by Preparation and Execution phases are
detailed below:

 PA shall be responsible for the provision of training and information to PAPs on its
financial services which the PAPs will need in the management of their compensation
money;

9
This is basically a banks that will be used by the LGAs to pay compensations.
79
 PA shall be responsible for ensuring that PAPs receive compensation in accordance
with the payment schedules provided by (SPCU – RIU);
 Verify and confirm identity of each beneficiary on the basis of his/her national
identity card, driving license, or passport), and confirm eligibility based on the
compensation schedule provided by (SPCU – RIU);; For PAPs without valid IDs,
arrangements should be made in liaison with the relevant local authorities to
organize issuance of IDs to them.
 Facilitate funds transfers with newly opened bank accounts and assist with opening
bank accounts for those beneficiaries required to hold bank account but who do not
have one or who choose to receive their compensation in a bank account;
 Make available to beneficiaries (from the PAs designated payment points or at the
offices of a PA), compensation payments according to defined period and agreed
terms and for the duration used;
 Maintain an updated register of PAPs who have choose to receive their compensation
in a bank account (as per threshold amounts) and those who are still outstanding, in
line with the compensation schedule received from (SPCU – RIU);
 Provide (SPCU – RIU); with proof of receipt of payment and photographs of PAPS
who have received payments and maintain accompanying receipts for filing at SPCU;
 Verify amounts received are consistent with the compensation schedule provided by
(SPCU – RIU);;
 The PA under no circumstance will hand over compensation to a person other than
the PAP as listed and clearly identified by the national identity card, biometric thumb
print or an Identity card processed by RAP developer with the Municipals’ legal
officers’ stamp and signature;
 Notify the RAP implementation consultant when compensation funds have been
transferred into bank accounts;
 Take all reasonable steps necessary to ensure that compensation provided by the
(SPCU – RIU); reaches the beneficiaries referred without undue delay and in any
event, within five (5) working days to the date of transfer of funds by (SPCU – RIU);
to the PA Account;
 In case of joint-owned households and spouses, necessary steps should be taken to
ensure that compensation payments are made to both husband and wife.
6.1.10 Municipal Administration (LGA)
Municipal Administration would assist in the RAP development and implementation process
through the provision of community development to support in field work activities including:
community consultations, financial literacy and later during grievance resolution. Specifically, their
role would be to perform the following activities:
iv. Help the Project and (PIU – RIU); in identification of alternative land for those PAPs
displaced from within the way leave;
v. Sign the compensation agreements and issuance of PAP ID cards
vi. Support the project in facilitation of the Houses Construction Activities when they
commence;
vii. Contribute to the GRM by designating members to the committees
viii. Support the Livelihood Restoration/Enhancement programs; and
ix. Support to the distribution of seedlings by providing requisite extension services through the
Forest Office. The Forest Office (DFO) to ensure that these commensurate training is
provided to the PAPs on growth of these seedlings and also periodically monitored to ensure
their survival and full growth.

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Additionally, the Municipal office jointly with (SPCU – RIU); would be responsible to provide
financial literacy awareness. Training modules will include:
a) Managing compensation money to improve household well-being.
b) Basics of planning and investing in business and productive activities.
c) Benefits of having a Bank Account (i.e. safety and protection against loss or theft, convenience
of not carrying physically large amounts of money, etc.).
d) Different services the banks offer and the minimum requirements for different Bank
Accounts.
e) Knowing the rights and responsibilities in using financial products and services including
bank charges for different services.
f) How to access their funds, make withdrawals, make deposits, how debit cards and ATMs
operate, how to cash checks received as compensation.
 Facilitate handing over process to enable commencement of relocation of PAPs to the new
house

6.1.11 Contractor for Construction Of infrastructure10


The Contractor responsible for construction of infrastructure would have a few roles, albeit indirect,
in respect of RAP implementation:
 Provide SPCU with final schedule of construction for SPCU/RAP Implementation Unit to
communicate with communities along the corridor;
 List down all possible obstruction sections
 Provide labour requirements so that attempts can be made to source labour from the project
areas;
 Inform SPCU of any issues relating to access that might be disrupted
 Employ the local population to work as casual or skilled labour and Pay wages as per applicable
norms
 provide compensation for any damages to assets outside of wayleave, in accordance with rates
established in the RAP,
 have a Community Liaison Officer (CLO) who interfaces with the community;
 refer any resettlement-related grievances reported to them to the RAP implementation consultant
and SPCU;
 maintain a grievance redress procedure for construction-related impacts,
 Inform SPCU in case of unexpected findings of cultural and archaeological artefacts and see the
options to reroute the layout as necessary;
 Ensure complete adherence to the ESMP.

10
Facilities, Drainages, Roads, Sewerage Systems, Waste dumpsites
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7 GRIEVANCE REDRESS MECHANISM
7.1 Introduction

Regardless of its scale, involuntary resettlement inevitably gives rise to grievances among the
affected population over issues ranging from rates of compensation and eligibility criteria to the
quality of replacement housing and other disturbances during construction stage. Therefore, an
easily accessible and effective grievance redress mechanism will be required to resolve grievances
at the community and technical levels. The grievance redress mechanism, will allow the
institutions engaged in grievance resolution to receive and address specific concerns about
compensation and relocation raised by PAPs or members of host communities or any issues
related to implementation of resettlement action plan in a timely fashion, including a resource
mechanism designed to resolve disputes in an impartial manner cut down on lengthy litigation.

This section presents (i) likely grievances based on the analysis from the consultations with
various stakeholders for the DMDP 2 project; (ii) objectives of the GRM; (iii) the principles that
need to be adhered in formulation of effective procedures and processes, (iv) operationalizing
requirements of GRMs, (v) handling of SEA and GBV issues; (vi) redressal procedure steps
involved in recording and redressal of grievances as specifically outlined in Section 7.2 below.

7.2 Likely Grievances


Nature and types of grievances that could occur at various levels of project cycle in relation to RAP
are listed in table below.
TABLE 13: NATURE AND TYPE OF LIKELY GRIEVANCES

Nature Stage Types of grievances (indicative)


Inventory Planning/Pre- i. Lack of awareness of the project foot print, wayleave/corridor;
Grievance construction ii. Missing of parcel/ error in identification and/or incorrect
measurement (or perceptions over incorrect measurement) of
affected assets;
iii. Disagreement regarding inheritance or ownership of assets
and fearing loss of compensation;
iv. Inadequate communication on the project developments, not
enough consultation/sensitization,
v. disagreement over the rates utilized valuation of affected
assets;
vi. mistakes in the formulation of compensation agreement
documents;
Valuation vii. Delays in compensation payments
Grievance viii. Misinformation during valuation e.g. entitling the wrong PAP
ix. Poor social services to resettled areas especially when relocate
markets where roads and other access are insufficient
x. Improper allocation of business spaces
xi. Miscalculation of compensation and resettlement
xii. Improper provision for people with disabilities in the project
design’s
Compensation RAP xiii. non-payment for improvements carried out to structures post
Grievance Implementation survey and valuation but prior to compensation payments;
followed by xiv. mode of payment of compensation and time delays;
Construction xv. dissatisfaction over alternate housing/business spaces
provided;
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Nature Stage Types of grievances (indicative)
 Dissatisfaction over wages given; Poor sanitary services
 wrong identification of livelihood restoration schemes, their
inadequacy, training support and lack of necessary assistances;
 likelihood of increase in Gender Based Violence (GBV);
 loss of access not addressed;
 loss of structures due to machine vibrations
 damage to crops caused due by ongoing construction work e.g.
deep cutting/excavations
 dissatisfaction over replacement structures;
 inadequate support in relocating to resettlement
sites/replacement structures; and
 non restatement of the soil leading to flooding and blockage of
the drains.
i. Pollution {air, land noise vibrations} due to machines’
Conduction movements
Grievances ii. Disrupted entrance access to the residence and other public
areas
iii. Improper traffic management may cause accidents
iv. Accidental discharges may affect community health at the
project vicinity
v. Gender and GBV issues in employment
vi. Lack of notification to project progress e.g. blasting, closing, of
roads, cut of dates, cut of utilities, etc.
vii. Lack of employment to local dwellers
viii. Lack of provision of appropriate PPEs
ix. Flooding due to obstruction of water natural course
x. Disruption of services including electricity and water
xi. Improper demobilisation and decommissioning may cause
pollution
xii. Blasting of materials in borrow pits and vibration of
construction machines may cause cracks into nearby
communities’ structures
xiii. Gender and GBV issues in employment
Decommissionin Post  Manifestation of the missing PAPs.
g Grievance construction  Misuse of the infrastructures e.g. garbage throwing in the
drains
 Land encroaching of the compensated corridor
 Security of the project infrastructure
 Waste water discharges from fish markets or slaughter houses
 High taxes and tariff charged in the new/modern facilities
 Lack of employment to local dwellers
 Mismanagement of sub projects
 Fear of being not be provided business spaces in the new
infrastructure
 An increase of fees to occupy the new facility
 Improper spaces for waste disposal

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7.2.1 Objectives of the Grievance Redressal Mechanism (GRM)
Given the foreseen grievances that will likely occur in various sub projects, the primary
responsibility to address all complaints and grievances that will be raised towards the
subprojects. The GRM will comprise two levels or Categories to handle grievances – first level
will be at community where Mtaa - GMC will be clustered, while the next or second level will
be at the Municipal level. The primary objectives of creating a GRM are:
 disputes related to preparation and implementation of Resettlement Action Plan of
this specific project are treated separately and on priority;
 helps project proponents ensure that project implementation timelines and overall
schedule are not compromised due to delays in resolution grievance; and finally
 helps cut down on lengthy and expensive litigation that PAPs might have to indulge
in otherwise

7.2.2 Principles to Effective Grievance Redressal


Principles in formulation of effective grievance redressal process are as follows:
 Institutions and procedures laid down are consistent with the anticipated grievances;
 Takes cognizance of the existing socio-cultural setting such as making use of existing
Mtaa disputes resolution structure.
 Is housed within existing formal institutional structures thereby ensuring continuity
 Should be well represented in its composition particularly aimed to resolve the types of
grievances that are likely;
 Is accessible/close to the source of grievance so as to not make reporting of grievance
difficult in the first place;
 Takes cognizance of the need to resolve grievances as they are better resolved at the level
at which they occur rather than the next higher level;
 Provides appropriate orientation and training to all stakeholders involved in redressal of
grievances;
 Is well-supported by an effective information dissemination mechanism to prevent
occurrence of a grievance in the first place due to lack of information;
 Fixes a time frame for resolution of grievance and communicates the same to
communities;
 Is timely and responsive i.e. Its recommendation and decisions are implemented by the
project implementers; and finally
 Is adequately resourced to ensure desired effectiveness.
 No financial payments required for PAPs to have their grievances addressed.

7.3 Grievance Management Committees’ Structure, And Functioning


The sub projects within the DMDP 2 project can be clustered into two clusters based on their
nature namely the subprojects with linear nature on one hand and subprojects with
confinement nature on the another. Likewise, the nature of grievance committees at the lowest
level there will have some difference emanating from the nature of the project. For instance, for
linear projects at the first, (lower) level there will be Mtaa committees chaired by the Mtaa
Chairperson. This is because the impacted communities are led by the Mtaa leaders -local
government structure at their localities. Figure 6 illustrates the grievances resolution flow.
However, for the confined project eg markets, bus stand the grievance committees are usually
by mechanism put forth by project management. This structure in the management will be the
lower level of grievance handling. in order to strengthen these committees, the RPF is
proposing inclusion of members from LGAs. Second, level is the LGA level (DMDP 2 project

84
coordinator ‘s office) where the grievances from both linear and nonlinear committees will
converge at a common point. Figure 6 illustrates the grievances resolution flow.

Based on the concerns from the stakeholders pertaining issues related to the relocation of
utilities; which in most cases not only weighing down the pace of construction works but also it
has been causing huge outcry from the communities due to disruption of the services especially
water supply. Within that context this RPF proposing an additional (Third) committee for
utilities services providers with its coordination at the district Commissioner’s office. The
proposed compositions of the committees are presented in the subsequent sections.

7.4 Scope of Work of Grievance Management Committees


All committees will have similar responsibilities albeit at different levels of their
function/jurisdiction. Major responsibility of the Grievance Management Committees will be:
 Represent the interests of PAPs and communities in the project's zone of influence;
 Act as an entry and exit point for all grievances arising from resettlement activities
 Act as part of project monitoring and oversight committee on the corridor encroachment,
construction materials vandalism and finally to sensitize the community from misusing
the infrastructures.
 Monitor safety standards, labour requirements and community health issues during
construction works and report to LGAs /TARURA coordinator of DMDP 2.
 Prepare progress reports and present them to the GMC during monthly meetings

7.4.1 Compositions of various grievance management committees

The composition of grievance committees is listed in the table below:

TABLE 14: COMPOSITION OF GRIEVANCES COMMITTEES


Level Committees members Position in the
Committee
Mtaa level Mtaa Leader Chairperson
(this applies Grievance Community liaison officer- secretary
mainly under Influential person Member
Linear Projects) Religious leaders Member
PAPs representatives -male and female Member
Representatives of people with disabilities Member
Representatives of project contactors and consultants Member
Representatives from Relevant CBOs (GBV) Member
Representatives or community affected institutions Member

Facilities level Facilities Users Association Leader Chairperson


(this applies Manager - Secretary
mainly to Councillor {optional} Member
projects within Ward Executive Officer (WEO) Member
a confined site) Grievance/Community liaison officer secretary
Mtaa Leaders Member
Representative of the facility’s sub committees Members(s)
Influential person Members(s)
Representatives of transport owners Members(s)
Representatives of transport operators Members(s)

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Level Committees members Position in the
Committee
Municipal LGAs/MED Chairperson
Level (LGAs) Grievance Secretary
Committees Environmental officer Member
Members Markets officer Member
Valuer Member
Land officer Member
Legal officer Member
Grievances officer Member
Project coordinator Member

District District Commissioner The chairperson


Commissioner Representatives from various utilities (TANESCO Water Members
s’ Offices and sanitation authorities, Water basin officer,
Communication cables agencies, Railways Authorities,
Airports authorities’ Military authorities)
Representatives from Roads i.e. TARURA and TANROADS Members
Grievances officer Members
Project coordinator Member

7.4.2 Dissemination of Committee’s Resolution

The Committee’s resolution status on any grievance received and discussed will be
communicated to the PAP or any claimant within 7 working days of the Committee’s
decision.
(i) Reporting Requirement: The Grievances Management Committees will work hand in
hand with the RAP Consultant, LGAs and DMDP 2 project Communications liaison
officers reporting on all matters arising and progress.

(ii) Location: The District - Grievances Management Committees will be housed within
the project coordinator’s office and provided with a separate space to work. They
would undertake travel to project sites as necessary.

(iii) Operational duration: In terms of duration, the following shall be the key
considerations:
▪ The committees would need to operate till the project continues to have an
interface with affected communities
▪ It should remain operational even after end of the construction period as it is
likely that there could be issues relating to the operational phase.
▪ The duration till when such a grievance redressal system needs to be
maintained post construction can be determined and can be mutually agreed
between SPCU and LGAs / districts upon by review of suitable indicators such
as: Nature and type of grievances; received, addressed; Pending resolution; and
Referred for arbitration/ court.

(iv) Interfacing with the complainant


Community Development Assistant (Deputy secretary) will be responsible for
preparation of invitation and resolutions letters. In the event of submitting the
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invitation letter the CDO will send the letter and make a follow up by phone. During
the dissemination of the resolutions the CDO and committee secretary will seek
appointment to meet the complainant and submit the resolution to the complainant
after cancelling.

7.5 Redressal Procedure


The Grievance redressal procedure aims to take into use the existing traditional structures.
However, the PAP shall have the option of directly reporting the grievance to the District
level GRM, if s/he so desires. The steps involved are as given below:
STEP 1 – LOGGING AND RECORDING OF GRIEVANCE:
As a first step, all complaints and grievances relating to any aspect of the project are to be
properly lodged through the representative block/zone member of the Grievance
Management Committee and then recorded in the Grievance Form 11. The contact details of
the Mtaa-GMC members will be made public to the PAPs. Additionally, the Mtaa leader will
also be available to help the PAPs to channel their grievances to the committee. Grievance
Form feeds into the RAP Database managed centrally at DMDP 2. Complaints that are not
connected to the Project are filtered and referred to relevant local committees and claimants
informed accordingly within 5 days. Some cases may just require provision of required
information or clarification and may therefore not be required to be referred to Step 2.

STEP 2 – REDRESSAL AT MTAA- GRIEVANCE MANAGEMENT COMMITTEE


LEVEL:
The Mtaa/facility - GMC shall maintain a record/register of all complaints/grievances
received so that these can be recorded collectively. At this step, all cases are to be heard by
Mtaa/facility- GMC and addressed through consultations conducted in a transparent
manner and aimed at resolving matters through consensus. In order to ensure
transparency, all meetings aimed at resolving such complaints are conducted places
specifically designated for this purpose. Minutes of such meetings shall be kept and if the
resolution proposed by the Mtaa/facility- GMC is accepted by the PAP, the PAP will sign
the grievance form to show agreement and the grievance will subsequently be closed,
otherwise Step 3 below will be followed in appeal. A period of 7 days is provided to hear
and redress the grievance.

STEP 2 –REDRESSAL AT DISTRICT - GRIEVANCE MANAGEMENT COMMITTEE


LEVEL
If the Complainant does not receive any response from the Mtaa/facility GMC within 14
days of lodging the complaint or that the Complainant is not satisfied with the response,
then the issue will be appealed to the District - Grievance Management Committee (District-
GMC). During the appeal to the District- GMC, all the necessary details will be attached,
and the Complainant notified accordingly of the venue, date and time of when a hearing
will be conducted and resolved within 14 days’ time. If the resolution proposed by the
District- GMC is accepted by the PAP, the PAP will sign the grievance form to show
agreement and the grievance will subsequently be closed.

STEP 3 – CIVIL COURTS OPTION:


If the affected person is not satisfied with the decision of the District- GMC he/she will be
informed of his/her rights to take the grievance to the court of law, as a last resort.
However, the Complainant will also be informed that to do so will be at their own expense,

11
Grievance form is in annex 1
87
unless the court awards damages to the Complainant. The decision of the court of law will
be final.

88
FIGURE 5: GRIEVANCE FLOW CHART FOR LINER PROJECTS

89
FIGURE 6: GRIEVANCE FLOW CHART FOR CONFINED PROJECTS (FACILITIES)

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7.6 Responsibility for addressing issues of GBV/SEA

The World Bank’s ESF requires that: “the Borrower [is] to provide a grievance mechanism, process,
or procedure to receive and facilitate resolution of concerns and grievances of project-affected
parties arising in connection with the project, about the Borrower’s environmental and social
performance. A grievance mechanism will be proportionate to the risks and impacts of the
project.” In compliance to this WB requirement SPCU will undertake the following steps;

7.6.1 Identify Service providers for the GBV


Upon the project appraisal, SPCU will identify organization(s) and establish synergies with
providers on the ground e.g., NGOs and local institutions who are trusted by the local community
and are working on GBV prevention and response. In areas with high GBV prevalence, there may
already be an existing mapping of GBV prevention and response actors in a given community) It is
important to map community organizations working on women’s and girls’ rights as they may be
both entry points to services for survivors and useful allies for awareness raising activities around
the GBVs. When identifying community-based organizations, look for those with experience
working with the local population to address the root causes of GBV by providing livelihood
support or by implementing community-based interventions to challenge the norms and attitudes
that underlie GBV. These two activities fall under the broad categories of GBV prevention and
response.
The activities that GBV Services Providers will provide a project will depend upon the risk level.
These can include the following:
• Undertaking a community mapping of GBV risk ‘hot spots’ and vulnerable target groups that
may be most susceptible to project induced GBV, particularly SEA;
• In consultation with the IA, on the basis of the community mapping, identifying the specific
GBV prevention activities to be undertaken to address GBV risks (see Section 2 for the types of
risks to be considered);
• Providing services to survivors and/or becoming a victim advocate/victim accompaniment, case
management organization. If required and if it is in high-risk situations, the project should
equip this organization with funds that will enable it to facilitate access to timely, safe and
confidential services for the survivor (including money for transportation, documentation fees,
and lodging if needed);
• Providing training related to ensuring knowledge of standards laid out in the CoC and services
that are available for survivors;
• Ensuring that the project has ‘safe spaces’ where survivors can report incidents of GBV to
trained personnel;
• Raising awareness around the existing accountability mechanisms and supporting the
development of a Stakeholder Engagement Plan; and,
• Channelling complaints to the appropriate accountability mechanism

7.6.2 Enhance the capability of all RAP Implementers in handling the GBV issues
The RAP implementers will be trained on the key principles that should be considered when
handling GBV.
The following will be some of the targeted groups for such trainings:
(i) workers, both from the contractor and sub-contractors; (ii) consultants, such as the supervision
consultants or others working in the project area; and, (iii) IA staff involved with the project.
Managers are particularly important to train as they have the responsibility for ensuring
compliance of staff with the GBVs as well as implementing sanctions for transgressions.

91
The trainings will be done to all employees prior to commencing work on site to ensure they are
familiar with the company’s commitments to address GBV, and the project’s GBV. The sanctions
embodied in the GBV need to be clearly explained. It should be noted that the induction course
will need to be repeated on a regular basis as new staff start on the project.
The trainings will be conducted no more frequently than monthly for the duration of the contract
starting from the first induction training prior to commencement of RAP implementation and
subsequent construction works to reinforce the understanding of the project’s GBV goals.
At a minimum training should include.

7.6.3 Coordination of SEA/GBV Reporting


SPCU will support for to community development officers; existence in GRC. The Community
Development officers will do the following:
Upon receiving the complaints, the Community Development officers will send the complaints to
GBV Services Providers.
Th GBV service provider will identify the survivor in accordance with international standards that
articulate a minimum basic package of services, ideally including case management support,
health services, psychosocial support, police support and security, access to legal services, and
shelter, if needed. When identifying GBV Services Providers, the quality-of-service provision
should be a key consideration. In keeping with a survivor-centered approach, accessing services
should be the choice of the survivor. Access to police and justice services should be made available
in the instance that the survivor would like to pursue charges through the local justice system.
SPCU Social Expert will follow up with service providers on the mitigation and progress of
resolving GBV related matters. The reports will be documented as part of quarterly reports.

7.6.4 Suggested ways of reporting GBV / SEA


Community will be sensitized on the existing channels for reporting grievances. SPCU will adopt
the simple and convenient channels hat suit the nature of the community. The awareness will be
made publicly advertised procedures, setting out the length of time users can expect to wait for
acknowledgement, response and resolution of their grievances. Transparency about the grievance
procedure, governing structure and decisionmakers;

Different ways in which users can submit their grievances, which may include:
i. submissions in person, by phone, text message, mail, email or via a website;
a. A log where grievances are registered in writing and maintained as a database managed by
Community development officers at LGA and Community liaison officers at SPCU;
b. An appeals process (including the national judiciary) to which unsatisfied grievances may be
referred when resolution of grievance has not been achieved; and,
c. An option for mediation when users are not satisfied with the proposed resolution.

7.6.5 Operationalization of the GBV redress


The costs of operating the GRM are usually modest and should be financed by the SPCU as part of
the general project management costs. The GRM needs to be in place prior to the contractor
mobilizing.

The GRM will have multiple channels where complaints can be registered. Particularly for GBV,
where risks of stigmatization, rejection and reprisals against survivors create and reinforce a
culture of silence, complainants may be reticent to directly approach the project management team.
Additional measures may therefore be needed to enable reporting.

92
The GRM will basically be operated by the WBCU. However, for GB the SPCU will create synergy
with active and competent GBV Services Provider for adequate handling of the issues. The identity
of the complainant(s) should be kept confidential.

7.7 Response to grievances


All comments and complaints will be responded to either verbally or in writing, in accordance to
preferred method of communication specified by the complainant. The grievance should be
responded to within 14 days maximum. Comments will be reviewed and taken into account in the
project preparation; an individual response should be presented to each aggrieved person. The
grievances should be documented in a Grievance log – under custodianship of the project
coordinators’ office at municipal level.

7.8 Disclosure of Grievances

All grievances activities should be disclosed periodically, monthly and quarterly progress reports
should include the process/status of grievances eg. the most frequent grievances faced and how
they were solved. These reports will be disclosed through project progress meetings at the local
governmental level.
A best practice standard is to acknowledge all complaints within 14 calendar days. Due to the
complexity of some of the complaints, not all of them can be resolved immediately. In this case
medium or long-term corrective actions are required, which need a formal procedure
recommended to be implemented within 30 calendar days:
i. The aggrieved person has to be informed of the proposed corrective measure.
ii. In case no corrective action is required, the petitioner should also be informed accordingly.
iii. Implementation of the corrective measure and its follow up has to be communicated to the
complainant and recorded in the grievance register
7.8.1 Proper administration and internal records of complaints
All grievances and communications, received by the project social officer 12, will be registered and
the actions taken/responses given will be tracked and recorded for each. Proper administration
and internal records of stakeholder complaints and communications are essential for transparency
and quality of project responsiveness and reporting to stakeholders on the resolution of
grievances. All grievances received shall be documented in a grievance register.
7.8.2 Securing personally identifiable information (PII)
All personally identifiable information will need to be always redacted and kept confidential. This
is important as a means of ensuring PII does not fall into wrong hands and thus causing harm to
the PAP and particularly the vulnerable ones. Such information will include personal
identification numbers ( e.g NIDA, passport number, driver’s license), taxpayer identification
number, addresses ( physical/street, email, telephone). Financial records like bank account
number, credit/debit card number.

7.9 Monitoring Response to grievances


All grievances activities should be monitored in order to verify the process. Monitoring will be for
the following indicators:
i. Efficiency of grievances recipients monthly (Channel, gender, age, basic economic status of
the complainants should be mentioned)
ii. Type of grievance received (according to the topic of the complaint)
iii. Number of grievances solved
12
This person will be appointed among the community development staff and will have the key
responsibility of recording and supervising the redress processes
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iv. Number of unsolved grievances and the reasons behind not solving them
v. Satisfaction levels with proposed solutions
vi. Documentation efficiency
vii. Time consumed to solve the problem
viii. Efficiency of response to received grievance dissemination activities undertaken

8 FUNDING ARRANGEMENTS

8.1 Funding sources


At this stage, where the locations of the sub projects have not yet been determined, and when the
number of PAPs cannot be identified, it is not possible to provide an estimated cost of resettlement.
The costs will be known upon the preparation and implementation of the subproject RAPs which
are usually financed through internal finances. Therefore, funding will be processed and effected
through the project’s financial processing arrangements. Funds for implementing inventory
assessments and resettlement plans will be provided by the implementing agency (LGAs). The
funds will be obtained from annual Council budgets approved through parliament; Local taxes and
levies collected in the LGA and /or Loans from commercial Banks.
8.2 Budget Items
RAP implementation budget will be prepared to compensate the loses identified from the
subcomponents. Major items of the RAP budget will include the items listed in table below. It is
advised that the budget items would vary from one RAP to another depending on impacts that
require compensation.

TABLE 15: SAMPLE OF BUDGET TEMPLATE

Item Quantity Unit Unit Costs (USD)


Rate/Cost
(Tsh)
COMPENSATION BASE
Total Land (ha.)
Total Number of Trees (Nos)
Indigenous
Exotic
Fruits
Total Buildings/structures (Nos.)
Residential
Commercial
Loss Of Profit
Total Compensation Base
▪ TOPPING UP ALLOWANCES
Disturbance Allowances (%) 7
As per EM

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Item Quantity Unit Unit Costs (USD)
Rate/Cost
(Tsh)
Assistance to the vulnerable households 20
(%.)
Accommodation14 (monthly rent) 36
Total Compensation Base and
allowances
Sub Total (A) Compensations (Base
amount &Allow.)
3. ADMINISTRATION COSTS
RAP implementation Agency
Monitoring Agency
Handling of Grievances
Temporary relocation of Markets/
facilities
Relocation of Services (utilities
related to residential and commercial
buildings15
Total Administration costs
Sub Total (B) Compensation and
Administration
5. HERITAGE RESOURCES/GRAVE RELOCATION
Personnel (professional and unskilled
labour)
Materials (coffins, bricks, protective
gears)
Transportation (car hiring, fuel and
lubricants)
Other Costs (communication)
Sub Total (C) Costs for relocating
Graveyards
6. CONTINGENCIES TO MEET ANY UNFORESEEN IMPACTS COSTS
% of compensation base and
allowances 10
D. Sub Total D Contingency
Total RAP implementation Budget
(A+B+C+D)

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9 MONITORING AND EVALUATION

9.1 Introduction
SPCU Coordination Unit will be the responsible for the M&E of implementation for the
resettlement/compensation plans.
DMDP 2 sub projects will institute an administrative reporting system that:
(a) Alerts authorities to the need for land appropriation for a subproject to meet technical
requirements;
(b) Provides timely information about the valuation and negotiation process;
(c) Reports any grievances that require resolution; and
(d) Documents timely completion of project resettlement obligations (e.g., payment of the agreed
sums and construction of new structures) for all permanent and temporary losses, as well as
unanticipated, additional construction damage.
Consistent with the ESMF, the engineering and survey departments of the developers will be
responsible for periodically reporting to SPCU on M&E results, so that SPCU is promptly aware of
any difficulties arising at the local level.
The M&E objective will be to make a final evaluation to determine:
i. If PAP have been compensated in full before implementation of subproject activities; and
ii. If PAP are now living at a higher standard than before subproject implementation, living at
the same standard, or if they are poorer.
A number of socioeconomic indicators will be used to determine the status of affected people
(compared to pre-project, land being used, standard of house, and level of participation in project
activities, how many children in school, health standards, and others). Therefore, RAPs will set three
major socioeconomic goals by which to evaluate success:
 Affected individuals, households, and communities are able to maintain their subproject
standard of living, and even improve on it;
 Local communities remain supportive of the project; and
 Absence or prevalence of conflicts.

The indicators in Table below will be used to monitor and evaluate the implementation of
resettlement and compensation plans.

9.2 Verifiable Indicators for M&E


The consultant will consolidate efforts in periodical monitoring the indicators listed in following
matrix.

TABLE 16: RAP MONITORING INDICATORS

Parameters Indicators
Impacts on Number of Affected assets compensated Quarterly, Annually
assets and Number of replaced trees and structures Quarterly, Annually
people Number of restored livelihoods and income Quarterly, annually
Financial Amount of total compensation disbursed End Term Evaluation
(compensation/ Amount of compensation paid to PAPs by LGA , End Term Evaluation
establishment) Wards and Sub Wards
Number of PAPs paid compensation End Term Evaluation

13
As directed by the valuation methods and in the Entitlement matrix
14
For the PAPs losing entire dwelling house
15
This is a provision just in case the utilities relocation are not taken care by the contractor.
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Parameters Indicators
(disaggregated by gender)in cash/cheque/bank End Term Evaluation
account
Number of PAPs already having bank accounts End Term Evaluation
and those yet to open
Number of PAPs who were not found and not paid End Term Evaluation
Relocation/ Number of PAPs who shifted to other unaffected Quarterly
Rehabilitation parcels
/Income Number of PAPs who continue to reside in the same Quarterly
Enhancement areas as before
Number of vulnerable PAPs who have shifted by Quarterly
area
Number of total PAPs enrolled into ongoing Quarterly
government programs (by type)
Number of youth, unemployed employed in Quarterly
construction works by type of services provided
Number of emerging PAPs due to unforeseen Monthly
construction impacts
Number of Encroachers existing within the Monthly
compensated corridor
Number of Consultations meetings held with Quarterly, Midterm and
communities End Term
Time taken for issuance of expropriation order and Quarterly, Midterm and
date of vacating the land End Term
Time taken to identify alternate lands for PAPs Quarterly, Midterm and
End Term
Institutional Number of trainings provided to the committees Quarterly
Strengthening (GRCs)
Number of grievances committees with full staffing Quarterly
and functioning
Number of members of each grievance committee Quarterly
disaggregated by gender, age and education levels
Number of grievances resolved by ‘level’ (first level, Quarterly
second level and third level) of resolution
Number of cases that have been referred to courts Quarterly
Compensation Number of men and women built new homes to Midterm and End
usage replace the demolished/impacted ones
Number of men and women planted trees to replace Midterm and End
the lost ones
Number of men and women built new homes to Midterm and End
replace the demolished/impacted ones
10 ANNEXTURE

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ANNEXURE

98
ANNEX 1: Detailed of Issues Recorded from The Stakeholders’ Meetings
ISSUE RAISED STAKEHOLDER RESPONSE RELEVANCE IN RPF
Stake holder Engagement 1. Ubungo Municipal Council, (Representatives from LGAs, 1. DMDP 2 Will be incorporated in the
and Capacity building in NGOs,) RAPs
all project cycle 2. Ilala Municipal Council (Representatives from LGAs,
Representative from people with disabilities) 2. DMDP 2 project will have continuous
3. Kinondoni Municipality Council (Representatives form LGAs, consultations with the PAPs and their local
Market vendors) leaders during preparation of the RAP report

Grievances and compliant 1. (Buguruni Ward Councillor • There will be grievances handling committee to Incorporated in Grievance
handling deal with all complaint sections
Gender equality and GBV  Temeke Municipal Council, ( LGAs representatives ,NGos,  LGAs in collaboration with NGOs will ensure Incorporated in Grievance
market vendors , ,) all issues related to GBV are observed and sections
 Kigamboni Municipal bcouncil , ,(Representatives from well addressed
Municipal offices , (Market Vendors)  Consultations will ensure equitable gender Incorporated in Grievance
representation of the PAPs sections
Resettlement and  Kahama Municipal authority ( LGAs representatives ,Bus stand  Compensation will be fair and promptly Incorporated in EM
compensation issues ie users ,NGOs) delivered
fairness and promptly paid  Bukoba Municipal Council (LGAs representatives, market  Market users will be relocated temporally prior Incorporated in Entitlement
vendors, bus users) to project implementation. Mechanism will be – Relocation plan
 Mwanza Council (Municipal representative, NGOs) in place to ensure that each PAP receives
TANESCO representatives business space in the new facility

Provisions for Vulnerable  Dar es salaam City Council (representatives from LGAs, • LGAs will make sure Project designs provides Incorporated in
Group and Disability market users, representatives from NGOs) provisional for disables (in market upgrading Consultations
 Ubungo Municipal Council (Representatives from LGAs, market, bus stands , roads etc )
Market vendors, Bus stand users)
 DCCl( LGAs representatives , TANESCO, DAWASA
representatives ,Pugu kiyamwezi Damp site,)

99
ANNEX 2: Roles and responsibilities of RAP Team members
TABLE 17: ROLES AND RESPONSIBILITIES OF TEAM MEMBERS

Position Revised roles and responsibilities


Key Personnel
Team Leader • Shall be overall responsible for satisfactory completion of the project
(Sociologist / assignment
Anthropologist • shall act as primary contact point to the client on team activities
/RAP specialist) • shall inform and liaise with the GRMCs during field activities
• shall develop submission readiness checklists for all deliverables to
ensure all aspects in TORs and subsequent discussions are covered.
• shall be responsible for timely submission of deliverables as required
under the contract
• shall collate and compile information as required for briefing the
client on the progress
• shall undertake field visits for ensuring accuracy in data collection;
• shall provide responses to all queries that arise from deliverables and
other field activities
• shall provide necessary guidance to team members on all aspects
Resettlement • shall be primarily responsible for development of RAP database;
Database Manager • shall integrate the socio-economic survey and census findings and
integrate with GPS coordinates and videography findings into the
database;
• shall develop user friendly menu driven formats for data search and
report generation
• shall interact with client as required on the development of Database,
besides attending other meetings;
• shall provide support and guidance in preparation of necessary
details to client and to other team members as required.
• Shall develop a manual for Database operation
Mid-level • shall provide inputs to the designing of survey instruments
Resettlement • shall train and guide enumerators as required for accurate collection
Specialist of data and recording
• shall be responsible for timely submission of deliverables for the
surveys carried out in his/her region
• shall undertake field visits for ensuring accuracy in data collection;
• shall provide responses to all queries that arise from deliverables and
other field activities
• shall inform and liaise with the GRMCs during field activities
• shall provide necessary support to all team members as required
Communication • shall be primarily responsible for communication messages to be
and Public developed and also for the consultation strategy to be adopted in the
Outreach Specialist field
• shall guide and train the field level personnel in carrying out
consultations
• shall prepare the Dissemination brief that is to be developed for the
project
• shall develop the community consultation checklist for the field level

100
Position Revised roles and responsibilities
consultations and other institution level consultations
• shall guide the teams in accurate recording of the consultation
discussions and outcomes
• shall inform and liaise with the GRMCs during consultations
Asset Valuation Shall be primarily responsible for:
Expert • undertake valuation of affected assets and preparation of
compensation agreements
• Participate in client interactions
• Attend internal team meetings as requested for by LGA/PIU
• Interact with various district authorities on valuation aspects
• Provide inputs to the asset valuation inventory forms
• Provide inputs to the scoping exercise and also the valuation
approach in the Inception Report
• review existing government rates for different types of assets
impacted
• participate in the community consultations and focus group
discussions
• liaise with the GRMC s during field activities including valuation
• prepare of the draft eligibility and entitlement matrix
• undertake careful as per agreed rates
• prepare the compensation agreements
• finalize compensation agreements and provide inputs as necessary to
RAP /LRP; and carry out other valuation asset related tasks
Livelihood • shall lead the identification of suitable income and livelihood
Specialist restoration activities
• shall contribute to the preparation of survey instruments
• Shall report to the LGAs any specific concerns raised by the
communities relating to livelihoods or loss of income
• shall prepare a compendium of on-going government and non-
government programs
• shall work under the overall guidance of the LGA/PIU
Legal Expert – • shall undertake review of key legislations and practices relating to
Resettlement land acquisition and compensation and grievance redressal measures
• shall verify the title deeds for all the lands and substations to ensure
rightful ownership of property by individual losing assets and
subsequently of PIU (including of existing substation lands)
• provide guidance to the team on valuation and community
awareness aspects
• shall work closely with the Asset Valuation expert in verification of
title-deeds prior to commencement of valuation
• shall provide inputs to the legal aspects that need to be conveyed to
communities during consultations

Project Secretary • shall be primarily responsible to support the Team members for
overall project coordination and management
• shall be responsible to arrange logistics for field activities
• shall provide support as necessary to the team
• shall be responsible for all filing of all project level communication
Asset Valuers- • Support to Asset Valuation Expert in valuation of properties
Mappers • Provide support to Asset Valuer and Database managers
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Position Revised roles and responsibilities
Cartographic
Experts
Asset Inventory • Support to Asset Valuer in measurement of assets and other data
Staff/ SE Surveyors
Census • Shall be responsible for collecting and recording household and
takers/Enumerator census data
s (identified)

ANNEX 3: OUTLINES OF THE RESETTLEMENT ACTION PLAN and DDR

RAPs will follow the recommended templates depending on the level of risk of the activities
associated with ESS5. These templates can be found at: https://www.worldbank.org/en/projects-
operations/environmental-and-social-framework/brief/environmental-and-social-framework-
resources#guidancenotes.

3.1 Indicative Table of contents for a Resettlement Action Plan (RAP)


The scope and level of detail of the resettlement plan vary with the magnitude and
complexity of resettlement. The plan is based on up-to-date and reliable information about:
 the proposed resettlement and its impacts on the displaced persons and other adversely
affected groups,
 the legal issues involved in resettlement.
 Livelihood restoration plans for the PAPs.
The resettlement plan covers the elements below, as relevant. When any element is not
relevant to project circumstances, it should be noted in the resettlement plan.
Description of the project. General description of the project and identification of the project
area.
- Potential impacts. Identification of
o the project component or activities that give rise to resettlement;
o the zone of impact of such component or activities;
o the alternatives considered to avoid or minimize resettlement; and
o the mechanisms established to minimize resettlement, to the extent possible,
during project implementation.
- Objectives. The main objectives of the resettlement program.
- Socioeconomic studies. The findings of socioeconomic studies to be conducted in the
early stages of project preparation and with the involvement of potentially displaced people,
including (a) the results of a census survey covering:
i. current occupants of the affected area to establish a basis for the design of the
resettlement
ii. program and to exclude subsequent inflows of people from eligibility for
compensation and
iii. resettlement assistance;
iv. standard characteristics of impacted households, including a description of
production systems, labor, and household organization; and baseline
information on livelihoods (including, as relevant, production levels and
income derived from both formal and informal economic activities) and
standards of living (including health status) of the displaced population;
v. the magnitude of the expected loss--total or partial--of assets, and the extent
of displacement- economic;

102
vi. information on vulnerable groups or persons as provided for whom special
provisions may have to be made; and
vii. provisions to update information on the impacted people's livelihoods and
standards of living at regular intervals so that the latest information is
available at the time of their displacement.
viii. Disclosing information on cutoff date for RAP eligibility is important and this
should be done in advance and documented.
(b) Other studies describing the following:
 land tenure and transfer systems, including an inventory of common
property natural resources from which people derive their livelihoods and
sustenance, non-title-based usufruct systems (including fishing, grazing, or
use of forest areas) governed by local recognized land allocation
mechanisms, and any issues raised by different tenure systems in the project
area;
 (ii) the patterns of social interaction in the affected communities, including
social networks and social support systems, and how they will be affected by
the project;
 (iii) public infrastructure and social services that will be affected; and
 (iv) social and cultural characteristics of displaced communities, including a
description of formal and informal institutions (e.g., community
organizations, ritual groups, nongovernmental organizations (NGOs) that
may be relevant to the consultation strategy and to designing and
implementing the resettlement activities.
- Legal framework. The findings of an analysis of the legal framework, covering
o the scope of the power of eminent domain and the nature of compensation associated
with it, in terms of both the valuation methodology and the timing of payment;
o the applicable legal and administrative procedures, including a description of the
remedies available to displaced persons in the judicial process and the normal
timeframe for such procedures, and any available alternative dispute resolution
mechanisms that may be relevant to resettlement under the project;
o relevant law (including customary and traditional law) governing land tenure,
valuation of assets and losses, compensation, and natural resource usage rights;
customary personal law related to displacement; and environmental laws and social
welfare legislation;
o laws and regulations relating to the agencies responsible for implementing
resettlement activities;
o gaps, if any, between local laws covering eminent domain and resettlement and the
Bank's resettlement policy, and the mechanisms to bridge such gaps; and
o any legal steps necessary to ensure the effective implementation of resettlement
activities under the project, including, as appropriate, a process for recognizing
claims to legal rights to land--including claims that derive from customary law and
traditional usage.
- Institutional Framework. The findings of an analysis of the institutional framework covering
o the identification of agencies responsible for resettlement activities and NGOs that
may have a role in (b) project implementation;
o an assessment of the institutional capacity of such agencies and
NGOs; and
o any steps that are proposed to enhance the institutional capacity of
agencies and NGOs responsible for (e) resettlement implementation.
- Eligibility. Definition of DPs and criteria for determining their eligibility for compensation
and other resettlement assistance, including relevant cut-off dates.

103
- Valuation of and compensation for losses. The methodology to be used in valuing losses to
determine their replacement cost; and a description of the proposed types and levels of
compensation under local law and such supplementary measures as are necessary to achieve
replacement cost for lost assets.
Replacement cost is defined by ESS5 as “… a method of valuation yielding compensation
sufficient to replace assets, plus necessary transaction costs associated with asset
replacement…”

- Resettlement measures. A description of the packages of compensation and other resettlement


measures that will assist each category of eligible DPs to achieve the objectives of the policy.
In addition to being technically and economically feasible, the resettlement packages should
be compatible with the cultural preferences of the displaced persons, and prepared in
consultation with them. An entitlement matrix will be need to outline the different types of
adverse impacts and mitigating measures. A list of potential impacts for different types of
assets should be developed along the lines indicated in Table 11 of this RPF.
- Site selection, site preparation. Alternative relocation sites considered and explanation of
those selected, covering:
o institutional and technical arrangements for identifying and preparing relocation
sites, for which a combination of productive potential, locational advantages, and
other factors is at least comparable to the advantages of the old sites, with an estimate
of the time needed to acquire and transfer land and ancillary resources;
o any measures necessary to prevent land speculation or influx of ineligible persons at
the selected sites;
o procedures for physical relocation under the project, including timetables for site
preparation and transfer; and
o legal arrangements for regularizing tenure and transferring titles to resettlers.
- Housing, infrastructure, and social services. Plans to provide (or to finance resettlers'
provision of)
housing, infrastructure (e.g., water supply, feeder roads), and social services (e.g., schools, health
services); plans to ensure comparable services to host populations; any necessary site development,
engineering, and architectural designs for these facilities.
- Environmental protection and management. A description of the boundaries of the relocation
area; and an assessment of the environmental impacts of the proposed resettlement and
measures to mitigate and manage these impacts (coordinated as appropriate with the
environmental assessment of the main investment requiring the resettlement).
- Community participation. Involvement of resettlers and host communities,
o a description of the strategy for consultation with and participation of resettlers and
hosts in the design and implementation of the resettlement activities;
o a summary of the views expressed and how these views were taken into account in
preparing the resettlement plan;
o a review of the resettlement alternatives presented and the choices made by DPs
regarding options available to them, including choices related to forms of
compensation and resettlement assistance, to relocating as individuals families or as
parts of preexisting communities or kinship groups, to sustaining existing patterns of
group organization, and to retaining access to cultural property (e.g. places of
worship, pilgrimage centers, cemeteries); and
o institutionalized arrangements by which DPs can communicate their concerns to
project authorities throughout planning and implementation, and measures to ensure
that such vulnerable groups as indigenous people, ethnic minorities, the landless,
and women are adequately represented.

104
 Grievance procedures. Affordable and accessible procedures for third-party
settlement of disputes arising from resettlement; such grievance mechanisms should take into
account the availability of judicial recourse and community and traditional dispute settlement
mechanisms.
 Organizational responsibilities. The organizational framework for implementing
resettlement, including identification of agencies responsible for delivery of resettlement
measures and provision of services; arrangements to ensure appropriate coordination
between agencies and jurisdictions involved in implementation; and any measures (including
technical assistance) needed to strengthen the implementing agencies' capacity to design and
carry out resettlement activities; provisions for the transfer to local authorities or resettles
themselves of responsibility for managing facilities and services provided under the project
and for transferring other such responsibilities from the resettlement implementing agencies,
when appropriate.
 Implementation schedule. An implementation schedule covering all resettlement
activities from preparation through implementation, including target dates for the
achievement of expected benefits to resettles and hosts and terminating the various forms of
assistance. The schedule should indicate how the resettlement activities are linked to the
implementation of the overall project.
 Costs and budget. Tables showing itemized cost estimates for all resettlement
activities, including allowances for inflation, population growth, and other contingencies;
timetables for expenditures; sources of funds; and arrangements for timely flow of funds, and
funding for resettlement, if any, in areas outside the jurisdiction of the implementing
agencies.
 Monitoring and evaluation. Arrangements for monitoring of resettlement activities by the
implementing agency, supplemented by independent monitors as considered appropriate by
the Bank, to ensure complete and objective information; performance monitoring indicators
to measure inputs, outputs, and outcomes for resettlement activities; involvement of the DPs
in the monitoring process; evaluation of the impact of resettlement for a reasonable period
after all resettlement and related development activities have been completed; using the
results of resettlement monitoring to guide subsequent implementation.
Other key sections will Include:
o Arrangements for adaptive management;
o Additional planning requirements where resettlement requires physical displacement
o Additional planning requirements where resettlement involves economic displacement
o A RAP completion report that summarizes all activities that have been implemented.

Additional Planning Requirements Where Resettlement Involves Economic Displacement

If land acquisition or restrictions on use of, or access to, land or natural resources may cause
significant economic displacement, arrangements to provide displaced persons with sufficient
opportunity to improve, or at least restore, their livelihoods are also incorporated into the
resettlement plan, or into a separate livelihoods improvement plan. These include:

 Direct land replacement. For those with agricultural livelihoods, the resettlement plan
provides for an option to receive replacement land of equivalent productive value, or
demonstrates that sufficient land of equivalent value is unavailable. Where replacement
land is available, the plan describes methods and timing for its allocation to displaced
persons.

 Loss of access to land or resources. For those whose livelihood is affected by loss of land
or resource use or access, including common property resources, the resettlement plan

105
describes means to obtain substitutes or alternative resources, or otherwise provides
support for alternative livelihoods.

 Support for alternative livelihoods. For all other categories of economically displaced
persons, the resettlement plan describes feasible arrangements for obtaining employment
or for establishing a business, including provision of relevant supplemental assistance
including skills training, credit, licenses or permits, or specialized equipment. As
warranted, livelihood planning provides special assistance to women, minorities, or
vulnerable groups who may be disadvantaged in securing alternative livelihoods.

 Consideration of economic development opportunities. The resettlement plan identifies


and assesses any feasible opportunities to promote improved livelihoods as a result of
resettlement processes. This may include, for example, preferential project employment
arrangements, support for development of specialized products or markets, preferential
commercial zoning and trading arrangements, or other measures. Where relevant, the
plan should also assess the feasibility of prospects for financial distributions to
communities, or directly to displaced persons, through establishment of project-based
benefit-sharing arrangements.

 Transitional support. The resettlement plan provides transitional support to those whose
livelihoods will be disrupted. This may include payment for lost crops and lost natural
resources, payment of lost profits for businesses, or payment of lost wages for employees
affected by business relocation. The plan provides that the transitional support continues
for the duration of the transition period.

106
3.2 DUE DILIGENCE REPORT TEMPLATE
1. Executive summary
2. INTRODUCTION
1.1 Project Objectives
1.2 Description of the Proposed Improvement of Themi Living Garden
1.3 Project Location
1.4 Current Status of the Project Site
1.5 Project Components
2.0 SCOPE OF WORK OF DUE DILIGENCE STUDY
2.1 Impacts assessment
2.2 Analysis of Processes
2.3 Consultation During land acquisition
(Insert in this table) Number of Consulted Stakeholders by Gender
Date Stakeholders Category # of Participants # of Females # of Males

Total

3.DUE DILIGENCE FINDINGS


3.1 Implementation,
3.2 Land availability, status of tenure systems
3.3 Compliance to World Bank ESS5 – during land acquisition
3.4 In respect of ESS5, table below presents the compliance analysis.
(insert in this table) Status alignment with World Bank ESS5
Aspect Requirement Requirement Present Status Gap Proposed
under ESS5 under WB of Compliance Mitigation
ESS5 with ESS5

4. INSTITUTIONAL ARRANGEMENTS
(Insert in this table) Institutional Arrangements for land acquisition and project implementation
Institutions Description of responsibilities Remarks

5. GRIEVANCE REDRESS COMMITTEES


District Grievances Redress Committee:
INSERT IN THIS TABLE A COMPOSITION OF MTAA & DISTRICT GRC MEMBERS
Composition Roles
Mtaa - GMC
i. Mtaa Chairperson  .
ii. Elected PAP representative.
iii. Women representative
iv. Community Development Assistant
v. NGO representative

District GRC
i. District Commissioner 
ii. District Lands Officer;
iii. Traditional Authority Chiefs from the concerned District;
iv. District Environment Officer;
v. Representative from Community Support Organization
(CSO)/Non-Government Organization (NGO)/INGO
(international NGO) – preferably those related to
environment, land planning etc.);
107
Composition Roles
vi. District Community Development Officer; and
vii. Official from ACC;

5.1 Grievance Resolution through Negotiation and Mediation


5.2 Time Frame for Negotiation and Mediation

5.3 Dispute Procedures under Existing Laws

5.4 Schedule for handling pending issues

(INSERT IN THIS TABLE) BUDGET FOR IMPLEMENTATION OF THE PENDING ISSUES


S/N Item Total Implementation Costs (Tzs)
1 Restoration livelihood
Sub-Total

2 Management /administration monitoring & evaluation assistance

3 Contingency (10% of Management /administration cost)


Sub-Total
Total RAP due diligence Budget

6. MONITORING

The Action Plan would be monitored using the proposed indicators

EXAMPLE
Parameters Indicators
Institutional Number of grievances received by type (verbal and written)
Number of visits by PAPs for redressal of grievances
Number of grievances resolved by number of attempts (first attempt/second attempt)
Number of grievances resolved by ‘level’ (Mtaa GRC or District GRC) of resolution
Number of cases that have been referred to courts

7.. RECOMMENDATIONS AND CONCLUSION

7.1 Recommendation
a) Land tenure:
a) Compliance to WB – during construction
b) Disclosure and consultation
c) Other issues/benefits
d) Recommended Actions: Based on the due diligence findings,(insert the recommendation in table below)
Recommended Actions
S.No. Action /Mitigation Measure By whom

Social Safeguard related


1
2 

ANNEXURES

108
Annexure – II: Minutes of Meeting
Annexure – III: Minutes of Meetings
Annexure – IV: Attendance

109
ANNEX 4: RESETTLEMENT/COMPENSATION CHECKLIST SCREENING FORM16

Subproject Data

Subproject Title: _______________________________________________ Date: _____________

Location: District: ___________________ Ward: __________________ Mtaa_____________

Developer: _________________________________ Social Specialist: _______________________

screening Questions for Resettlement Categorization


Probable Involuntary Resettlement Effects* Yes No Unknown Possible Remarks
Will the subproject include any physical construction work?
Does the subproject include upgrading or rehabilitation of
existing physical facilities?
Is any subproject effect likely lead to loss of housing, other
assets, resource use, or incomes/livelihoods? Estimated
number?
Is land appropriation likely to be necessary? Estimated area?
Is the site for land appropriation known?
Is the ownership status and current usage of the land
known?
Will easements be utilized within an existing right of way?
Are there any people without land titles who live or earn
their livelihood at the site or within the right of way?
Estimated number?
Will there be loss of housing? Estimated number?
Will there be loss of agricultural plots?
Will there be losses of crops, trees, or fixed assets?
Will traditional seasonal grazing areas or animal transit
routes be compromised or closed to pastoralists?
Will there be loss of businesses or enterprises?
Will there be loss of incomes and livelihoods?
Will people lose access to facilities, services, or natural
resources, thereby affecting their livelihoods?
Will any social or economic activities be affected by land
use–related changes?
If involuntary resettlement impacts are expected:

16
PIU/WBCU/CGV Expropriation Commission at SIC has to examine the request and documents Raising of Expropriation
Commission, verification of documentation on proprieties, calculation and verification of compensation value

110
Probable Involuntary Resettlement Effects* Yes No Unknown Possible Remarks
Will there be a need to enhance compensation amounts
payable where local laws and regulations provide for a
lesser amount in contrast with the World Bank’s ESS5
Will coordination with the DMDP 2 be required to deal with
land appropriation?
Does the developer retain sufficient skilled staff for
resettlement planning and implementation?
Are training and capacity-building interventions required
prior to resettlement planning and implementation?
Is there enough budget for the implementation of the
resettlement actions in accordance with the RAP?
Information on affected persons:
Any estimate of the likely number of households that will be Number:
affected by the project? ____
Are any of the household’s poor, headed by a woman, or Number:
vulnerable to poverty risks? ____
Are any of the Project Affected People (PAP) from Number:
indigenous or ethnic minority groups? If yes, please explain: ____
*Involuntary resettlement includes land acquisition, physical and/or economic displacement, and access
restrictions. Whenever possible, consider also any future subprojects or investments.
Involuntary Resettlement/Compensation Category
After reviewing the answers above, the Project Team Leader and Social Development/ Resettlement
Specialist agree, subject to confirmation, that the project is categorized as noted below.
Project Categorization and Resettlement Planning Requirements

__________________________
Developer signature

__________________________
Reviewed and accepted by SPCU/World Bank

Signature

111
Annex 5: List of Meetings Participants

112
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