RPF DMDP Ii
RPF DMDP Ii
RPF DMDP Ii
PRESIDENT’S OFFICE
REGIONAL ADMINISTRATION AND LOCAL
GOVERNMENT (PO-RALAG)
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
LIST OF TABLES
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ABBREVIATIONS
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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
Agricultural land: Any land under cultivation of crops and raising/rearing of animals
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;
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 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. .
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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
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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).
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.
1
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.
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.
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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.
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)).
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
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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.
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:
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.
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.
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.
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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.
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.
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.
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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
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▪ 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.
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.
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).
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 2: NUMBER OF LGAS UNDER DMDP 2 AND RESPECTIVE SAMPLED LGAS BASED ON THE THREE
CATEGORIES
MUNICIPAL 05 05 05
WARD 73 20 70
TOTAL SUB
123 25 60
PROJECTS
SAMPLE 50 10 30
23
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
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.
(iii) Meeting with community members including the subproject beneficiaries and potentially affected
people table below presents number of stakeholders who were consulted.
Issues raised during LGAs meeting and community meetings are included in annex 1 while list of
participants are presented in annex 5.
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.
28
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.
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.
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.
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
31
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.
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.
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.
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
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
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,
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.
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.
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.
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.
1. Stakeholders Mapping:
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.
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.
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.
47
Parcel Numbering: As for the large-scale adjuration of region; the UPRN is started by
identifying the Region-District-Locality-Parcel.
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).
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.
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.
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
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.
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).
51
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
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
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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
68
3.5 Provisions on Economic Displacement
The guiding criteria regarding the management of economic displacement in the project will include:
XXXX
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.
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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.
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.
71
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.
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.
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.
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
72
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
74
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 .
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.
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
75
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.
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.
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
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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
PIU/WBCU Safeguards Prepare the final report on Considering that compensations will
Unit RAP implementation be finished before starting the
project implementation.
77
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.
The following committees shall be established under the LGAs to ensure involvement of other Special
Departments and representation from the PAPs / Mitaa
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
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.
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.
80
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
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.
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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
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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.
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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
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.
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.
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FIGURE 5: GRIEVANCE FLOW CHART FOR LINER PROJECTS
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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;
7.6.2 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.
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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.
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.
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.
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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.
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.
8 FUNDING ARRANGEMENTS
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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.
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,)
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ANNEX 2: Roles and responsibilities of RAP Team members
TABLE 17: ROLES AND RESPONSIBILITIES OF TEAM MEMBERS
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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)
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.
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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.
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- 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…”
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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.
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
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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.
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.
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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
4. INSTITUTIONAL ARRANGEMENTS
(Insert in this table) Institutional Arrangements for land acquisition and project implementation
Institutions Description of responsibilities Remarks
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.);
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Composition Roles
vi. District Community Development Officer; and
vii. Official from ACC;
6. MONITORING
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
7.1 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
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
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
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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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