LIST OF ABBREVIATIONS
DEFINITION OF TERMS
Executive Summary
E 1. Background
The Government of the United Republic of Tanzania through the President’s Office – Regional Administration and Local Development (PO-RALG) intends to strengthen urban management performance and deliver improved basic infrastructure and services in participating Urban Local Government Authorities. At its core, the project aims to promote the economic development of Tanzania’s Cities and Towns and its enabling infrastructure. Investments and technical assistance under the project are intended to promote urban development that is productive, inclusive, and resilient. The project will support 45 urban Local Government Authorities (LGAs) spread geographically across all regions of Tanzania, ranging in population from 26,402 to 416,442 (2012 Census).
In Morogoro Municipal Council, TACTIC subprojects include the following:
Veta Kihonda Tungi – 11.4km, Muhimbili – 1.2km, Mjimwema 5.4km, Tubuyu II-6.4km, Mapande 0.5km roads and Anti Malaria, Kikundi and Barakuda drainage channels.
Accordingly, the consultant prepared this Resettlement Action Plan (RAP) which covers roads and drainage systems which are Veta-Kihonda-Tungi -11.4 km and Tubuyu II -2.4 Km in line with the TACTIC Resettlement Policy Framework (RPF).
E2. Objective of a RAP
The purpose of developing a RAP is to define the actions for mitigating and restoring the project’s impacts on the livelihoods of project-affected people as early as possible. This will allow for effective disclosure to key stakeholders, and subsequent feedback and inputs, prior to the project approval, so that RAP actions can be carried out before project commencement.
E.3. RAP Preparation Methodology
The ESS 5 asserts that regardless of the number of affected Population (PAPs), project implementers should undertake a Resettlement Action Plan (RAP) the RAP is required because 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.
Ground Truthing: To ascertain and appreciate the subprojects’ areas, the Resettlement Specialist and an Asset Surveyor met with the leaders from specific Mitaa with proposed roads’ subprojects under TACTIC to discuss the intention of scoping the delineated Areas of Impact.
Consultation with Stakeholders: The consultation process was undertaken in different forms:
Formal meetings
Community meetings on site with Sub-Ward (commonly referred to as Mitaa) members, Wards’ representatives, Mitaa leaders and Grievance Redress Committee (GRC)GRC members.
Small Focus Group Discussions (FGDs) with special interest groups for livelihoods identification (including PAPs for houses bodaboda, and street vendors.)
After the RAP is finalized and incorporates the feedback from the relevant stakeholders based on inputs from PO-RALG and the projects’ stakeholders, will be disclosed at a local level so that PAPs and all interested persons have full access to the document. PAPs’ specific information will not be disclosed to keep privacy and confidentiality.
Literature Review: Relevant literature involved a review of the TACTIC project’s documents including The Resettlement Policy Framework (RPF), Environmental and Social Management Framework (ESMF), Stakeholders Engagement Framework (SEP), Labour Management Framework (LMF). The review also covered relevant national policies, legislations as well as the World Bank Environment and Social Standards (ESS).
Establishing Cut-off Dates: The establishment of a cut-off dates was set to be the date that census started. The cut-off date was 22 August; 2022 The aim is to prevent opportunistic invasions/rush migration into the identified land parcels to be acquired by the project thereby posing a risk.
E.4. Asset Inventory, Census and Socio- Economic Surveys
In order to collect baseline information for the preparation of the RAP, the consultant conducted surveys between December 2021, January and March 2022 in five Mitaa’s as summarized under the cases of adverse resettlement impacts identified Table below.
Table 0-1: Shows the Different Categories of PAPs (Project Affected Persons) and Assets at Sub Wards Level
Table 0-2: Graves Removal Plan
E5. Eligibility and Entitlement
Given that the identified impacts fall on land, structures and trees alongside the project roads, the compensation shall be made at replacement value. regarding encroachers of the roads’ reserves, the owners of the affected assets will have the right to be compensated. for the developed structures on the land. All affected parties included in the census will be eligible to benefit from RAP measures. The absence of formal property titles will not prevent affected parties from receiving benefits under the RAP.
E5.1. COMPENSATION MEASURE
PAPs own land economic Trees and structures They should receive cash compensation and be given replacement trees.
Graves will be removed by the Government (Health Department) at the LGA Level as per Tanzanian law (Graves Removal Act, 1969).
PAPs who own graves at the Government Graveyard will be given in kind compensation for organizing a worship service/customary procedure before grave removal and re-burial at other places.
E.6. Grievance Redress Mechanism
The project will establish a Grievance Redress Mechanism (GRM) which would function at four levels to receive, evaluate and facilitate the resolution of displaced person's concerns, complaints and grievances. GRM has been developed based on the existing complaint handling mechanism which specifies in detail the resettlement management including implementation arrangement and the review processes. GRM will be able to receive complaints from stakeholders on different topics. The GRM will keep the information of the complainants as confidential and will allow the processing of anonymous complaints.
E.7. Cost and Budget
The budget for this RAP has been determined for the land, structures, businesses, and trees affected by the proposed sub-projects. The costs and budget of this draft is TShs. 661,506,628.90 equivalent to USD 282,695.14 . It should be noted that the actual valuation was conducted during September 2022 and it was limited to structures along Tubuyu II and Kihonda-Veta-Tungi roads. This compensation will be financed by Morogoro Municipal Council.
Table 0-3: Estimated Cost and Budget for RAP Implementation
E.8. Monitoring and Evaluation
PIT will be responsible for concurrent Monitoring and Evaluation (M&E) of RAP implementation. The M&E will include monitoring and verification of processes and activities in RAP implementation and will prepare and submit to the Ministry quarterly reports. if any, identified mid-course corrections, as appropriate, will be made by M&E Consultant. The implementation of the RAP will need to define clear indicators to monitor the living conditions of the affected population.
Internal monitoring for RAP implementation will be carried out until all PAPs have vacated their existing properties and have been successfully relocated. Though the law does not provide this minimum period, PAPs with structure are provided with allowance to enable them to rent houses elsewhere and vulnerable PAPs will be assisted if need be. The Council will keep records of all progress and prepare regular monitoring resettlement implementation reports summarizing the success and challenges encountered for submission to the respective District Councils. To maximize efficiency, PO-RALG may hire temporary staff or outsource services to ensure ongoing quality control including regular site visits. Data from field surveys will be used as a benchmark for gauging RAP implementation progress.
Table of Contents
1.4. Nature of Subproject and Its Components 2
1.4.1. Condition of Existing Roads 2
i. Veta – Kihonda - Tungi Road 3
1.4.2. General Description of Drainage Systems 6
iii. Anti-Malaria Drainage Channel 7
1.5. Sub Projects with Resettlement Impacts 8
1.7. Measures to Minimize Resettlement 9
2.0 RAP PREPARATION METHODOLOGY 9
2.2. Consultation with Stakeholders 9
2.4. Establishing Cut-off Dates 9
2.5. Asset inventory, Census and Socio- Economic Surveys 10
2.6.1. Valuation of building structures and allowances 11
2.6.3. Land parcels valuation 12
2.7. Formation of Grievance Redress Committees (GRC) 12
3.0 LEGISLATIVE AND INSTITUTIONAL FRAMEWORK GOVERNING LAND, RESETTLEMENT AND COMPENSATION 14
3.2 Applicable National Laws and Policies 14
3.3 The World Bank Environmental and Social Framework (ESS5) 20
3.3.1 Gap Assessment between National Legislation and the World Bank ESS5 23
4.0 STAKEHOLDERS ENGAGEMENT 27
4.1 Consultation and Community Participation 27
4.2 Objective of Public Participation and Consultation 27
4.3 Project Consultation Process 27
4.3.1 Identification of Stakeholders for Consultation 28
4.3.2 Public Engagement and Consultation Meetings 29
4.3.3 Key Informants Discussions 31
5.0 SOCIAL ECONOMIC BASELINE OF THE PAPs 33
5.3 Demographic of the PAPs along Tubuyu II and Kihonda-Veta-Tungi Roads 33
5.3.1 Types of the main Dwelling Houses 35
5.3.2 Status on Electrification 36
5.3.3 Occupation Pattern and Average Annual Income 36
5.5 Land Access and Availability 36
5.7 Availability of Social Services 37
5.7.2 Water Sources & Supply 37
5.7.3 Electricity Transmission and Distribution 37
6.1 Key Anticipated Benefits 38
6.2.2. Impacts on Structures and Buildings 39
6.3 Impacts during Construction 39
6.3.1 Disrupted Social Infrastructure Services 39
6.4 Proposed Mitigation Measures to Address the Adverse Impacts 40
7.0 ELIGIBILITY AND ENTITLEMENTS 41
8.0 ASSETS INVENTORY and Valuation 45
8.2 Scope of the Valuation Work 45
8.4 Nature and Types of Affected Assets 45
8.9 Valuation of Crops and Trees 46
9.0 INSTITUTIONAL RESPONSIBILITIES FOR RAP IMPLEMENTATION 48
9.2 Organizational Arrangements – Roles and Responsibilities 48
9.2.2 The TARURA - Project World Bank Coordinating Unit (WBCU) 48
9.2.3 The Local Government Authorities 48
9.2.4 Contractor for Construction of infrastructure 50
10.0 IMPLEMENTATION SCHEDULE 52
11.0 GRIEVANCE REDRESS MECHANISM 53
a. Objectives of the Grievance Redress Mechanism (GRM) 55
b. Principles to Effective Grievance Redressal 55
C. Operationalization of the GBV Redress 55
i. Grievance Management Committees’ Structure, and Functioning 56
ii. Scope of Work of Grievance Management Committees 56
iii. Compositions of Various Grievance Management Committees 56
IV. Dissemination of Committee’s Resolution 57
v. Responsibility for Addressing Issues of GBV/SEA 58
vi. Identify Service Providers for the GBV 58
vii. Enhance the Capability of all RAP Implementers in Handling the GBV Issues 59
viii. Coordination of SEA/GBV Reporting 59
ix. Suggested ways of reporting GBV / SEA 60
xii. Disclosure of Grievances 62
12.0 MONITORING AND EVALUATION PLAN 65
12.2 Monitoring, Evaluation and Audit 65
ii. Monitoring Response to Grievances 65
iii. Monitoring and Evaluation Indicators 66
ANNEX 1: Grievance Registration Form 72
Annex 2 Minutes of Discussion 74
LIST OF FIGURES
Figure 1-1: Ngerengere River on the Left and SGR Right and Tanesco Power line 3
Figure 1-2: Condition of Existing Muhimbili Road 4
Figure 1-3: Condition of Existing Mjimwema Road 4
Figure 1-4: Condition of Existing Tubuyu II Road 5
Figure 1-5: Condition of Existing Mapande Road 5
Figure 1-6: Existing Drainage System at Baracuda alone Modeco Road 7
Figure 1-7: Solid Wastes and Vegetation along the Drainage Section 7
Figure 1-8: Sewer network along Ant Malaria Drainage System 8
Figure 4-1: Consultation meeting at Tungi ward concerning resettlement. 32
Figure 5-1: Population Distribution in Subprojects’ Wards 33
Figure 5-2: Types of houses which will be affected at Tungi ward 35
Figure 11-1: Grievance flow Chart for TubuyuII and Kihonda-Veta-Tungi roads project 62
LIST OF TABLES
Table 0-2: Graves Removal Plan ii
Table 0-3: Estimated Cost and Budget for RAP Implementation iv
Table 1-1:Proposed Road to be Constructed in Morogoro Municipality 2
Table 1-2: List of Proposed Drainage Channels for Upgrading 6
Table 3-1: Valuation process and procedures as per GN 136 (Part XII) 18
Table 3-3: Table 3.3 : Summary Description of ESS 5 21
Table 4-1: Typology of Stakeholders Consulted 28
Table 4-2: Identified Stakeholders 29
Table 4-3a: Issues raised in the meetings. 30
Table 4-4b: Issues raised in the meetings. 30
Table 6-1: Land Required for Subprojects Implementation 38
Table 7-1: Entitlement Matrix 42
Table 10-1: RAP IMPLEMENTTION ACTIVITIES 52
Table 11-1: Nature and Type of Likely Grievances 53
Table 11-2: Composition of Grievances Committees 57
Table 11-3: Estimated Cost and Budget for RAP Implementation 63
Table 12-1: Monitoring Indicators 68
INTRODUCTION
Background
The Government of the United Republic of Tanzania through the President’s Office – Regional Administration and Local Development (PO-RALG) intends to strengthen urban management performance and deliver improved basic infrastructure and services in participating urban local government authorities. At its core, the project aims to promote the economic development of Tanzania’s cities and towns and its enabling infrastructure. Investments and technical assistance under the project are intended to promote urban development that is productive, inclusive, and resilient. The project will support 45 urban Local Government Associations (LGAs) spread geographically across all regions of Tanzania, ranging in population from 26,402 to 416,442 (2012).
During preparation of the TACTIC project, the Government of the United Republic of Tanzania proposed the following project components:
Component 1: Strengthening Urban Management (Technical Assistance and Performance Grants). This component is further subdivided into three subcomponents namely: (a) ICT for Urban Management (b) PPPs for Urban Service Delivery and (c) Mainstreaming Urban Resilience.
Component 2: Urban Infrastructure and Services: This component supports construction of strategic infrastructure investments identified under existing urban management plans. These investments intend to strengthen rural-urban connectivity through, link to existing urban plans and will focus on servicing existing economic activity clusters (e.g. markets, agro-processing centers, warehouses, etc) and responding to urban adaptation and resilience needs (e.g. storm-water drainage investments in flood prone areas, rehabilitation/retrofitting of critical infrastructure in seismically active areas, coastal protection investments in response to sea level rise for cities, river restoration, sediment management, erosion control, etc).
Technical Scoping mission, on project pre appraisal noted that LGAs have already proposed their priority lists of investments which include roads, markets, main and mini bus stands, controlled dumpsites, slaughter houses, storm water drainages, lorry parking, footbridges and various economic clusters projects.
Component 3: Project Management: This component supports project implementation at PO-RALG and participating LGAs in areas of Project Coordination, Monitoring and Evaluation, Safeguards, Financial Management and Procurement. The existing Project Coordination Unit at PO-RALG under TARURA will be retained while implementation arrangements at LGAs level will be in collaboration with TARURA Council Managers.
The President’s Office – Regional Administration and Local Development (PO-RALG) have retained NORPLAN Tanzania Ltd in Joint Venture with TYPSA (JV Partner) in association with Urban Solution Ltd, ub Consultant an engineering consulting firm with headquarters in Dar es Salaam, to undertake RAP exercise for Morogoro City subprojects in line with TACTIC Resettlement Policy Framework (RPF).
TACTIC subprojects in Morogoro Municipal include the following:
Roads: Veta Kihonda Tungi – 11.4km, Muhimbili – 1.2km, Mjimwema 5.4km, Tubuyu II-6.4km, Mapande 0.5km roads.
Stand Alone Drains: Anti Malaria, Kikundi and Barakuda drainage channels.
Objective of RAP
The purpose of developing this RAP is to define the specific actions to be implemented for mitigating and restoring the project’s impacts on the livelihoods of project-affected communities as early as possible. This will allow for effective disclosure to key stakeholders, and subsequent feedback and inputs, prior to the project approval, so that RAP actions can be carried out before project commencement.
Through this RAP, the project will meet national statutory requirements as well as the World Bank ESS5. The implementation of the proposed project subcomponents will require land as major infrastructure development projects generally do. The RAP will cover all components of adverse impacts to be incurred upon the affected population due to the implementation of the project. Adverse impacts in the form of fresh land uptake, impact on structures will be mitigated through constructive guidelines contained in the RAP. Compensation will be guided by national laws as well as the World Bank ESS 5 on involuntary resettlement. When ESS5 provisions establish requirements beyond those contemplated in the national law, the project will implement the additional measures needed to be consistent with ESS5. The RAP will also provide guidelines to restore livelihoods lost due to project implementation. Special attention will be paid to vulnerable households to minimize adverse impact. Moreover, guidelines for gender development will also be a part of this RAP.
Project Location
Morogoro Municipality is situated 195 Kms. to the West of Dar es Salaam, it is found on the lower slopes of Uluguru Mountains whose peak is about 1,600 feet above sea level. It lies the between longitude 37° 40´ East of the Greenwich and latitude 06° 49´ south of the Equator. It is bordered by Morogoro Rural District Council on the East and the Uluguru Mountains on the North as well as Mvomero District Council on the West and Southern part. The proposed sites for roads and drainages fall in ten wards see Figure 5.1 i.e. Mazimbu, Kihonda, Mafisa, Mbuyuni ,Sultan Arae, Mji Mkuu, Tungi, Kingo, Mji Mpya and Mwembe Songo Wards.
Nature of Subproject and Its Components
The proposed subprojects involve the improvement of drainage systems and urban and Roads in Morogoro Municipality. The RAP study was conducted based on the subproject components identified in the inception report by consultant and subsequent reviews PO-RALG. All these components were assessed, and sites’ visits were conducted. The components of this subproject include five (5) Roads and two (2) Drainage Systems as described in subsequent sections.
Condition of Existing Roads
The visits conducted to the subproject’s sites revealed that the subproject roads are not connected and fall under separate Wards within Morogoro Municipality. Selected roads exhibit different characteristics that shall need to be considered during design period. Considering scope of the assignment, studies were done on the selected Roads as indicated in the Table 1-1 and Figure 2.9.
Table 1-1:Proposed Road to be Constructed in Morogoro Municipality
Source: Field Data, December 2022
Veta – Kihonda - Tungi Road
The proposed road section has a total length of 11.4 km with an average carriage way width of 7m. The road start at T Junction of Morogoro – Dodoma Road and ends at Kihonda area. Generally, the existing riding surface is an engineered gravel and the existing profile is friendly with no abrupt change in longitudinal elevations. The observations made, spotted sections of the road with poor geometry i.e. with sharp corners and low-lying grounds which tend to flood during rainy seasons. Observations along the stretch of the Roads noted that the Road passes through number natural and manmade features such as SGR line, Ngerengere River, Houses, Farms, MORUWASA and TANESCO utilities as well as other facilities as indicated on Figure 1.1
Muhimbili Road
The proposed road section has a total length of 1.2 kilometers with an average carriage way width of 6m and connects to Veta Kihonda Tungi Road. Existing road surface is an engineered gravel/earth surfaced and in moderate condition with changing longitudinal elevations. It starts from T-Junction of Veta –Kihonda - Tungi Road and End up at SGR station. Muhimbili Road passes through Kihonda Ward, residential buildings, Shops, school, TANESCO power line and water pipeline on the left-hand side towards SGR station. The road is adjacent to an open space owned by Magereza on the right-hand side which has also been proposed for construction of Commuter Bus Stand. See Figure 1.2:
Figure 1-2: Condition of Existing Muhimbili Road
(Source: Site Pictures, December 2022)
Mji Mwema Road
Mji Mwema Road is 5.00 kilometers long and start from SGR (Point M2) connects to Morogoro - Dar es salaam Road (Point M1). Existing Road surface is an engineered gravel/earth in fair. Mji Mwema Road passes through Tungi Ward. It crosses residential buildings, Shops and TANESCO electrical Transmission line on both sides towards Dar es salaam-Morogoro Road.
Figure 1-3: Condition of Existing Mjimwema Road
(Source: Site Pictures- December 2022)
Tubuyu II Road
Tubuyu II Road is 2.4 kilometers long and start from Mji Mwema T Junction (Point T1) connects to Dar es salaam-Morogoro Road (Point T2) as shown in Error! Reference source not found. and Figure 1.4. Existing road surface is an engineered gravel/earth with moderate condition. Tubuyu II Road passes through Tungi Ward, along the Tubuyu II Road there are residential building, Shops, TANESCO High voltage Power Line, Market and petrol station on the Left hand side. These items will not be affected by the project because they are outside the road corridor, but they need to be carefully monitored during the implementation of the project.
Figure 1-4: Condition of Existing Tubuyu II Road
(Source: Site Pictures- December 2022)
Mapande Road
The proposed road section has a total length of 0.500kilometers with an average carriage way width of 7meter, start from stream (that drain its water to Ngerengere River) and connects to Chamwino gravel road to Iringa Road. It is a gravel/earth surfaced road with moderate condition. Mapande Road passes through Mzimbu and Chamwino Wards, along the Mapande Road there are residential buildings, water pipe line and Shops on both sides, Mosque on the Right Hand Side as it leads to the Iringa Road (.seeFigure 1.5).
Figure 1-5: Condition of Existing Mapande Road
(Source: Site Pictures - December 2022)
General Description of Drainage Systems
The storm water drainage channels/systems are characterized with a number of features, some are common though they differ in terms of intensity of similarities from one to another. Most of the channels are unlined /earth channels exception is observed at Kikundi drainage which is mostly stone lined. Most of the channels have become disposal areas for both liquid and solid wastes. Flowing waters during dry seasons in Anti-Malaria and Kikundi drains are mainly from sanitary uses including sewage. In addition, siltation is one of the key challenges on the performance of the channels. The drainage channels cross different wards as shown inTable 1.2
Table 1-2: List of Proposed Drainage Channels for Upgrading
Source: Field data December, 2022
Bare riparian zones for the channels contribute to siltation during rain seasons, exception is observed at Kikundi drainage which is less inhabited and has some riparian vegetation which act as a buffer between channel and human activities. On the lower areas where the channels drain there are gardens for vegetables which are irrigated using the storm water especially along Anti malaria drain. Mostly, these channels also are found in slums /unplanned settlements and thus no standard way leave since some structures have been built close to the channel. Nevertheless, the subproject will not involve acquisition of new land and hence construction/rehabilitation will be undertaken within the existing and defined area of the drainage channels. Specific description of each channel is covered hereunder.
Baracuda Drainage
Baracuda drainage is located in Mazimbu ward in Morogoro Municipality and it drains towards sub catchment of Ngerengere River which flows towards the Ruvu River. It starts from Iringa Road and Mazimbu area, unlined channel’s length of 650 meters passes through Baracuda residential area. The project will involve construction of the 650 meter to ensure the entire drainage is concrete lined.
Along the road sections, various drainage structures were observed including pipe culverts and box culverts of varying sizes. Baracuda drainage receives water from three trapezoidal channel along Modeco Road as shown in Figure 1.6
Kikundi Drainage
Kikundi Drainage collects storm water runoffs from the Mzingwi and drains into the Ngerengere River. 1.00-kilometer section of the Kikundi drainage channel had been upgraded, another 1.45-kilometer section ending at kikundi road is proposed for upgrading. The drainage passes through residential.
The drain has temporary bridge used for crossing, water and sewerage pipes cross the drainage.
During field study, the team of experts witnessed various solid wastes dumped into the drain that obstruct water flows as shown in Figure 1.7
Figure 1-7: Solid Wastes and Vegetation along the Drainage Section
( Source: Site Pictures - December 2021)
Anti-Malaria Drainage Channel
Anti-Malaria drainage channel collects storm water runoff from Uwanja wa Taifa, Kiwanja cha Ndege and Sabasaba Street and drains it into the Morogoro River. The drainage crosses human settlements, Rail, gardens, Garage, Shops and Industrial Area. Ant Malaria ends at area where there farming activity, during rainfall will result to the swamping of the area hence thus section where ant malaria ends should be constructed and connected direct to the Morogoro river.
Temporary bridge has been installed from daily crossing between sides. Sewerage pipe was observed along the drainage system/channel as shown Figure 1.8 . In addition, people use water from the drainage channel for watering gardens and car washing.
Disposed solid wastes into the drain were observed which obstruct flowing water and reduce efficiency of the channel.
Figure 1-8: Sewer network along Ant Malaria Drainage System
(Source: Field Data December 2021)
Sub Projects with Resettlement Impacts
Roads: Among all roads under TACTIC in Morogoro Municipal Council, it is Kihonda-Veta-Tungi and Tubuyu II roads that requires land acquisition. The RoW for roads has sections with different widths of 6.5m and 11m. The RAP exercise established 24000m2 of land parcels will have to be acquired to facilitate its implementation. It is anticipated that, the same RoW can be used as construction corridor.
N:B It has been considered that people who will be affected by the construction even if they are in RoW will be eligible to be paid compensation
Drains: None of the selected drainage systems for improvement in Morogoro Municipal will require land acquisition. Proposed drainage systems have varying widths from 1m to 4m, during construction, the activities shall be within the drainages’ way leaves that range between 5m and 7m.
RAP Guiding Principles
The following principles guided this RAP
Involuntary resettlement should be avoided where feasible, or minimized, by exploring all viable alternative project designs.
Avoiding displacement of people without a well-designed compensation and relocation process; minimizing the number of PAP, to the extent possible.
Where it is not feasible to avoid resettlement, resettlement activities should be conceived and executed as sustainable development programs, providing sufficient mitigation measures. Including compensating for losses incurred in terms of land, structures, trees and crops and displaced incomes and livelihoods.
Affected vulnerable or poor people should be assisted in their efforts to restore their livelihoods and improve their livelihoods and standards of living, or at least to restore them, in real terms, to pre- displacement levels or to levels prevailing prior to the beginning of project implementation, whichever is higher.
Affected people should be meaningfully consulted and should have opportunities to participate in planning and implementing resettlement programs.
Ensuring resettlement assistance or rehabilitation, as needed, to address impacts on project affected people’s (PAP) livelihoods and their wellbeing.
Measures to Minimize Resettlement
It should be noted that the proposed rehabilitation and upgrading of the Morogoro subprojects of Roads and Improvement of drainage systems are within existing RoWs and way leaves except for Kihonda-Veta-Tungi and Tubuyu II roads. Construction activities for proposed subprojects have therefore been planned to be conducted within existing corridors/way leaves/RoWs to minimize resettlement impacts.
RAP PREPARATION METHODOLOGY
The ESS 5 asserts that regardless of the number of affected Population (PAPs), project implementers should undertake a Resettlement Action Plan (RAP) the RAP is required because 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.
The subsequent sections present various methods applied during RAP preparation including data collection techniques, consultations with affected people and decision-making authorities, defining eligibility and entitlements, valuation of the affected assets, establishment of GRCs, cost estimations for RAP implementation etc.
Ground Truthing
To ascertain and appreciate the subprojects’ areas, the Resettlement Specialist and an Asset Surveyor met with the leaders from the specified mitaa along the proposed roads and drainage systems subprojects under TACTIC to discuss the intention of scoping of the delineated areas of Impact. The exercise was carried out to obtain the following information:
Identification of potentially directly affected mitaa and their local names;
Available social services within the subprojects’ areas, including: health centers, educational facilities, water sources, public utilities, religious structures, police and postal posts, government administrative buildings and where possible the offices for NGOs and Community Service and Community Based Organizations (CSOs and CBOs).
Consultation with Stakeholders
The consultation process was undertaken in different forms:
Formal meetings and presentations
Community meetings on site with mitaa members, Wards’ representatives, mitaa leaders and GRC members
Small Focus Group Discussions (FGDs) with special interest groups for livelihoods identification; these included vendors and bodaboda.
Literature Review
Relevant literature involved review of TACTIC project’s documents including: The Resettlement Policy Framework (RPF), Environment and Social Management Framework (ESMF), Stakeholders Engagement Framework (SEP), Labour Management Framework (LMF). The review also covered relevant national policies as detailed in chapter 3 on Legislative and Institutional Framework Governing Land, Resettlement And Compensation as well as the World Bank Environment and Social Standards (ESS).
Establishing Cut-off Dates
The establishment of a cut-off date was necessary to prevent opportunistic invasions into the identified land parcels to be acquired by the project thereby posing a risk, The cut off dates for this RAP is 22 August2022 which is defined as the date of commencement of census and asset inventory of PAPs who will be affected by TACTIC activities. The Cut-off-dates was communicated to the relevant stakeholders through meetings and also for PAPs through valuation and land forms which were stated the issue of resettlement.
Asset inventory, Census and Socio- Economic Surveys
In order to collect baseline information to prepare RAP, the consultant conducted the following surveys for one (1) month between August and September 2022:
An Asset Survey and inventory for buildings and support structures and for crops, land and trees.
Identification of individuals that would potentially be affected by proposed subprojects through the loss of land, loss of structures and other permanent improvements on that land has been done;
PAPs Census along with Asset Surveys; and
Socio-Economic Survey to determine social economic status of the project area and the affected people. Thus, the information generated assisted in preparation of RAP and planning on livelihoods restoration programs.
Focus Group Discussions (FGDs) were used at the communities’ level as a forum to facilitate the dissemination of information about subprojects’ activities; This was necessary to provide opportunities for stakeholders to ask questions or voice their concerns; gather information/input from stakeholders on the use of their resources based on their local experience and knowledge and elicit their opinions on programs for restoration of the affected livelihoods.
Additional information regarding the consultations carried out can be found in Annex 1 .
Valuation Methodology
The basis of valuation for compensation purposes in the context of Tanzania Laws (Land Act No 4 of 1999, The Valuation and Valuers Registration Act 2016) is ‘market value’. There are three possible valuation approaches in any similar assignment whose outcome would be ‘market value’, the sales, income and cost approach. The sale and income approaches are feasible in a market where there are active sales and rental transactions, free market entry and exit, and abundant information on the workings of the market. On the other hand, from both International Valuation Standards and Local valuation practice as well as the ESS5, the appropriate approach in a less active (non-functional) market is the Cost Approach.
One of the methods under the Cost Approach is the Replacement Cost also referred to as the Contractors Test. Under this approach an estimate is made on the cost of constructing a similar building of the same quality of materials and offering similar level of utility at current cost.
Valuers from Morogoro Municipal Council who were members of the RAP team carried out the valuation of affected assets and calculated applicable allowances. The valuation exercise for PAPs along Veta Kihonda Tungi, Muhimbili, Mjimwema, Tubuyu , Mapande road and Anti Malaria, Kikundi and Barakuda drainage road, authorized valuer was involved as required by the law. The valuer prepared a valuation report and submitted to relevant authorities for approval process before disclosure of compensation exercise. Acquisition of land parcels by the proposed construction of TACTIC subprojects shall not involve disposition of right of occupancy/partition of the land, the acquired land parcels shall only be compensated to provide space for construction and usability of Veta Kihonda Tungi, Muhimbili, Mjimwema, Tubuyu, Mapande road and Anti Malaria, Kikundi and Barakuda drainage road.
Valuation of building structures and allowances
These were valued based on replacement cost regarding the building/house types, construction materials and quality of construction. Construction rates were established from market research from local contractors, National construction council and local craftsmen (fundi’s).
In applying cost method of valuation, depreciation of structures and assets was not considered.
Calculation of applicable allowance was guided by provision of the Tanzania laws- the Valuation and Valuers (General) Regulations,2018- No.136 published on 23/03/2018.:
Disturbance allowance
Disturbance Allowance is payable as a percentage of land and buildings value in compliance with the provisions of the Land Act of 1999. It is calculated by charging interest on the value of Land and Buildings by average percentage rate of interest offered by commercial banks on fixed deposits such as the 12 Months fixed deposit at the time of loss land.
Hence:
Disturbance allowance = (Land Value +Building Value + Crops value) x i.
Where: i. = interest rate offered by commercial banks on 12 Months fixed deposits.
In this valuation, the average rate of 7% per annum was used in calculating disturbance allowance. This was adopted from commercial banks as published by the Bank of Tanzania in August 2022.
Accommodation allowance:
Accommodation allowance is provided for loss of residence and strictly limited to only those in actual occupation. It is calculated by considering market rents of affected properties, multiplied by 36 months which the law considers to be the normal duration of construction an alternative residential house, thus:
Accommodation Allowance = Rent/p.m. x 36 Months.
Whereby the rent is derived from local market research of a comparable property similar to the house that is a subject of relocation.
Loss of profit allowance
Loss of profit allowance is limited to commercial/retail properties. It is assessed by establishing Net profit per month multiplied by 36 Months. The net profit has to be from audited accounts of the business. This legal requirement is inconsistent with the local business practice in which most of the business is informal and there is no financial statement lest audited accounts.
Since majority of retail business was home-based, an estimate on loss of profit was akin to loss of rental income of the retail business rather than the actual retail business. For purpose of this RAP therefore, the loss of rental income from their retail spaces (similar to accommodation allowance for residential users) was adopted as basis for computing loss of profit.
Loss of profit =Net Profit/p.m. x 36 Months.
Transport Allowance
Transport allowance is calculated by considering the actual cost of transporting 12 tons of luggage by rail or road (whichever is cheaper) within 20 Kilometers from the point of displacement. i.e. Transport allowance = 12tons x Actual Cost/ton/km x 20km.
It is computed on the basis of prevailing market rates within an area. The average cost of transporting 12 tons over a distance of 20km. From our experience in similar projects, establishing the weight of each PAP’s belongings was not an easy task and considered likely to lead to inconsistencies which could be a source of complaints. An average rate of TZS 250,000 was considered and adopted as flat rate for each of the physically displaced PAP at the date of valuation.
Crops and Trees
Trees and permanent crops were valued based on the market rates for various species as provided in the updated crop compensation schedule by the Ministry of Lands-Valuation section. The value was considered on the age/maturity of the tree or crop, potential use and the number of trees; economic use, production rate /yield and profits accrued.
Land parcels valuation
Valuation of affected land parcels was undertaken on market value basis from mini-market research and with help of indicative land value rates that are issued by the office of Chief Valuer.
NOTE
Transport, Accommodation and Loss of profits allowances are not payable for unoccupied property.
Transport allowance is not paid to PAPs owning crops only and/ or incomplete structures.
Accommodation Allowance and Loss of profit are not payable concurrently over the same property. Unless the property is for both residential and commercial uses. This is provided under the Valuation and Valuers (General) Regulations,2018.
Formation of Grievance Redress Committees (GRC)
Interim Grievance Redress Committees were formed by the Mitaa committees to handle grievances that may be raised by PAPs regarding compensation and other issues caused by project before and during construction. If a person is not satisfied with the payment of compensation and is not satisfied with the decisions made by the GRC, that person may apply to the High Court to determine the amount and method payment of compensation and the High Court may in making any award make any additional costs and inconvenience incurred by the person entitled to compensation through the dilatory or other unsatisfactory procedures of that public authority.
RAP Disclosure
After the RAP is finalized, based on inputs from PO-RALG and the World Bank, it will be disclosed at a local and national level. The PO-RALG will also disclose it on its website and in the subprojects’ areas so that PAPs and all interested persons have full access to the document. The electronic link to the disclosed version of the draft documents will be disseminated among the relevant stakeholders. PAPs’ specific information will not be disclosed to keep privacy and confidentiality.
LEGISLATIVE AND INSTITUTIONAL FRAMEWORK GOVERNING LAND, RESETTLEMENT AND COMPENSATION
Overview
Tanzania has good policies, 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. It is important to note that the TACTIC project will comply with both National Land Policy and the Word Bank Environment and Social Safeguards (ESS) 5 that requires subprojects to be implemented in a manner that does not compromise land, resettlement and compensation.
Applicable National Laws and Policies
The following policy and legal instruments provide guidance for the acquisition of land and associated properties and compensation and resettlement procedures in Tanzania.
Constitution of the United Republic of Tanzania (1977, As Amended)
The Constitution provides for the protection of the rights and interest of citizens in matters concerning their property and acquisition. Under article 24 (1), every person is entitled to own property, and has a right to the protection of his property held in accordance with the law. Sub- article (2) prescribes that it is unlawful for any person to be deprived of property for any purposes without the authority of law, which makes provision for fair and adequate compensation.
Policies 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 tenements be entrenched in the Constitution to ensure continuity:
All land in Tanzania is public land vested in the President as trustee on behalf of all citizens
Land has exchange value in contrast with the previous policy that bare land could not be compensated for as it had no value.
The rights and interest of citizens in land shall not be taken without due process of law.
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 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. Cap 118 stipulates the 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, City or Town Councils.
Construction of proposed roads and improvement of drainage systems under TACTIC in Morogoro Municipal Council will affect private land parcels along Veta Kihonda Tungi, Muhimbili, Mjimwema, Tubuyu, Mapande road and Anti Malaria, Kikundi and Barakuda drainage channels. Land acquisition is however required for the Kihonda-VETA-Tungi and Tubuyu II roads for which Morogoro Municipal Council shall compensate all PAPs in these roads as required by the World Bank ESS 5.
Land Acts and Regulations
Land Tenure and Ownership in Tanzania: Land in Tanzania is owned by the State. Land tenure and ownership are mainly governed by the Constitution of the United Republic of Tanzania (1977), National Land Act No.4 (1999), and Village Land Act No.5 (1999), Tanzania has a dual system of land tenure concerning public lands:
Customary rights; and
Statutory rights of occupancy. Tenure rights to land can be held by individuals and by communities. Holdings of individuals can be covered by the following: Leasehold right of occupancy for varying periods (e.g. 33, 66, or 99 years), which must be confirmed by a certificate of occupancy; and Customary rights of occupancy that must be confirmed by a certificate of Customary Right of Occupancy and have no term limit. Communities (wards) are allowed to hold land and to manage it, although they do not formally own the land.
For the purpose of land management under the Land Act No.4 (1999) and all other laws applicable to land, public land in Tanzania is divided into three categories: (1) General Land; (2) Village Land; and (3) Reserved Land. The Land Act (1999) clarifies and adds certain aspects to be considered when determining the compensation package. Many other laws have provisions related to land acquisition, but they will always refer back to the Land Acquisition Act and the Land Act. Some of these laws are the Village Land Act (2004), the Roads Act (2007), Urban Planning Act (2007), Land Use Planning Act (2007), Mining Act (2010) and others.
The RAP exercises for TACTIC subprojects in MCC have been implemented within available corridor, however in areas requiring land acquisition like Veta Kihonda Tungi, Muhimbili, Mjimwema, Tubuyu, Mapande road and Anti Malaria, Kikundi and Barakuda drainage, the process will be carried out in accordance with Tanzanian law and procedures and World Bank ESS5. The applicable laws include the following:
1) Land Acquisition Act No. 47 of 1967
The Land Acquisition Act (1967) is the principal legislation governing compulsory acquisition of land in Tanzania. Sections 3-18 of the Land Acquisition Act 1967 empowers the President to acquire land and provide the procedures to be followed when doing so. The President is empowered to acquire land in any locality provided that such land is required for public purposes.
The procedures provided by the Land Acquisition Act include: the investigation of the land to see if it is suitable for the intended purpose; notification to the landowners to inform them of the decision to acquire their land before the President takes possession; and payment of compensation to those who will be adversely affected. The law restricts compensation to un- exhausted improvements on the land excluding the land or such improvements as land clearing and fencing. This latter situation has been rectified by the Land Act (1999).
If land is required for public purpose the President is required to give a six (6) weeks’ notice to those with an interest in the land in question but, if the situation so demands, the notice can be shortened without the need to give explanation. After the expiration of the notice period the President is entitled to enter the land in question even before compensation is paid.
The person whose land is acquired is entitled to be compensated if they so deserve as provided for under section 11 and 12 of the Act. Persons entitled to compensation are those interested or claiming to be interested in such land; or persons entitled to sell or convey the same or as the government may find out after reasonable inquiries.
All the affected owners of land parcels within the proposed RoW for the Veta Kihonda Tungi, Muhimbili, Mjimwema, Tubuyu, Mapande road and Anti Malaria, Kikundi and Barakuda drainage will be compensated prior to construction work.
Land Act No. 4 of 1999:
This is the act that among other provision guides land transfers, taking and compensation thus forms a basis of resettlement process in the Project. Section156 of the Land Act requires that compensation be payable to any person for any damage caused to the affected land, buildings, trees and crops as a result of the creation of communal right of way or a way leave. The Act is the basic law for the management of land, settlement of disputes and related matters in public land other than the village land and reserved land.
Section 152 provides that an application for a way leave shall be made by any ministry or department of Government, or local authority or public authority or corporate body to the Commissioner of Lands. The applicant should serve a notice to all persons occupying the land either under a right of occupancy or in accordance with customary rights, all people in actual occupation of the land in an urban and peri- urban area and any other interested person occupying land over which the proposed way leave is to be created.
Section 156 on Compensation in respect of public right of way states that compensation shall be payable to any person for the use of land, of which he is in lawful or actual occupation, as a communal right of way and, with respect to a way leave, in addition to any compensation for the use of land for any damage suffered in respect of trees, crops and buildings as a result of the creation of such way leave. Section 156 (2) states that any damage caused as a result of any draft work undertaken in connection with surveying or determining the route of that way leave, whether the trees, crops or buildings so damaged were included in the route of the way leave as delineated in the order of the Minister.
Section 156 (3) elaborates that the duty to pay compensation lies with the Government Department of Ministry, Local or Public Authority or corporate body which applied for the public right of way and that duty shall be complied with promptly. Section 156 (4) states that where the person entitled to compensation under this section and the body under a duty to pay that compensation are unable to agree on the amount or method of payment of that compensation or where the person entitled to compensation is dissatisfied with the time taken by the body under a duty to pay that compensation to make, negotiate or process an offer of compensation.
Since implementation of Veta Kihonda Tungi, Muhimbili, Mjimwema, Tubuyu, Mapande road and Anti Malaria, Kikundi and Barakuda drainage requires acquisition of land parcels owned by individuals in different form as stipulated in the act, the TACTIC project through Morogoro Municipal Council shall compensate all the affected owners of land parcels within the proposed RoW for the road.
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. . During implementation stages of the subprojects, beneficiaries will be bound by this act which meets the requirements of the World Bank’s ESS5 and ESF. However, construction of the roads in the subprojects’ areas does not anticipate disputes with local communities.
4) Valuation and Valuers Registration Act, 2016 and its Regulations
Current practice is guided by the Valuation and Registration Act (2016) and Land (Assessment of the Value of Land for Compensation) Regulations, GN136, 2018, The Valuation and Valuers (General) Regulations of 2018 (GN 136): These regulations replaced the Land (Assessment of the Value of Land for Compensation) Regulations of 2001. The 2018 Regulations require a registered valuer to conduct valuation of e affected properties. S54 of the Regulation provides compensable items shall include land and all unexhausted improvements permanently affixed to land such as (a) crops, plants and trees (b) buildings and ancillary structures (c) site works including landscape, fences, paved walkways, driveways, retaining walls and stone masonry, storm water drains, swimming pools, (d) canals and irrigation water systems, embankments, ponds and dams; ( e ) infrastructure systems including water piping, electrical distribution systems, road and railway systems, sewerage system, (f) ) water storage tanks-overhead or underground, water wells, boreholes; and (g) children playgrounds structures; (h) Graves according to Graves (Removal) Act 1969.
Further Section 57 (1) provides Valuation for compensation purpose shall be preceded by sensitization meetings and the sensitization meetings shall be attended by a valuer, convey the purpose of valuation, procedures involved, duration of the exercise, the rates applicable in valuation, legal rights and obligations.
The 2018 Regulations require a valuer to make formal request for access to a property for the purpose of carrying out valuation through Valuation Form No 1 (S59). If request is denied the Valuer shall serve Valuation Form No. 2. Denial of access by property owner cannot stop the valuer from undertaking the valuation (S61.2). It is mandatory upon completion of inspection for compensation purposes, the Valuer avails a formal certification that is filled by property owner (Valuation Form No 3 (S62).
The regulations provide criteria for the assessment of compensation. Prior to undertaking valuation surveys, the Chief Valuer shall determine Crop Value Rate in consultation with Ministry responsible for Agriculture, Forestry, or any other relevant Ministry (S 52), land value rates and may involve a consultant to advise (S53) and building value rates (S 55). In all cases, a registered valuer who is contracted to carry out the valuation shall undertake research and prepare the rates and submit to the Chief Valuer for endorsement before commencement of the valuation (S 55.2).
Part 3 of the Regulation provide for the basis of valuation which is Market Value defined as “…the estimated amount for which an asset or liability should exchange on the valuation date between a willing buyer and a willing seller in an arm’s length transaction, after proper marketing and where the parties had each acted knowledgeably, prudently and without compulsion. ...” Besides the assessed market value which may be arrived at in either through a sales-, income- or cost approaches, the Regulations in concomitant with provisions of Land Act, require assessment of allowances. These allowances include:
Disturbance allowance which is to be computed at the rate of ongoing commercial bank deposit rates for all the assets ( as opposed to land only which was the case with the 2001 Regulation.
Transport allowance payable for only those PAPs losing residence for the transportation of their personal belongings not exceeding 12 tons over a distance of not more than 20 kms
Accommodation allowance for those losing residential accommodation for 36 months computed on a market rental value depends on the type and location of structure to rent basis applicable to a similar house to that which is affected.
Loss of profit in the case of business computed on verifiable/audited business accounts payable over 36 months.
It is important to note that under the Land Act No 4 of 1999 and GN 136 Regulations specifically S. 12 (2) entitlement to accommodation and transport allowance is only when the house built by PAP’s is in use at the time of valuation. Under ESS5, PAPs whose houses are built on a piece of land that they do not own such as road reserves, they will be assisted to access some form of housing.
Table 3-1: Valuation process and procedures as per GN 136 (Part XII)
Land (Compensation Claims) Regulations (2001)
Section 4 of the Land (Compensation Claims) Regulations (2001) defines who can claim for compensation. These include:
Holder of granted Right of Occupancy in general or reserved land that is transferred to village land or land held under Right of Occupancy that is compulsory acquired for public purpose (Section 22); or a right of occupancy that is revoked;
Holder of a granted customary right of occupancy that is revoked for the land in question which is in hazardous land;
Holder of a customary right of occupancy where the subject land is acquired to be granted to another person under right of occupancy (Section 34);
Occupier of land who has obtained (by disposition) from holder of a granted or customary right of occupancy where this occupier is denied right of occupancy (Section 54); and
Occupier of land in any urban or peri-urban area where such land is acquired by the President under Section 60 i.e. Scheme of Regularization.
In accordance to the Land Compensation Claims Regulations, claims for compensation are preceded by an issuance of public notice by the Commissioner for Lands to inform all occupiers whose land is subject for compensation to submit their claims for compensation. Under section 6, the Commissioner is also required to inform the occupiers to appear physically on such date, place and time where assessment shall be done. Upon this, and for the Commissioners’ directive, valuation for compensation purposes can be undertaken.
Even though there will be impacts on the people’s assets at the moment, the law provides provision, in case of unexpected land acquisition during implementation of proposed road subprojects, the compensation claims and schedules shall be submitted to the Commissioner to the Land Compensation Fund for verification. The Fund, upon verification, will either accepts or rejects payment within a span of 30 days since it received compensation schedule from the Commissioner.
6) The Roads Act No.13 of 2007 and Regulation of 2009
This Act describes road management, roads classification and declaration, execution of road works, restriction of use of roads and financial provision on undertaking various road activities. Other issues described in the Road Act are offences, penalties and recovery as well as road safety and road of access. This Act also provides description of the initiation of the road agency in this case TARURA and TANROADS to deal with road construction and management within the country. The establishment of the two Agencies gives them functions and responsibilities that among other things will be to develop and maintain Trunk roads network, which coincide with Part three of the Road Act on road classification and declaration.
The World Bank Environmental and Social Framework (ESS5)
The World Bank's 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 both.
The Standard aims to:
Avoid involuntary resettlement or, when unavoidable, minimize involuntary resettlement by exploring project design alternatives;
Avoid forced eviction;
Mitigate unavoidable adverse social and economic impacts from land acquisition or restrictions on land use;
Improve living conditions of poor or vulnerable persons who are physically displaced, through provision of adequate housing, access to services and facilities, and security of tenure;
Conceive and execute resettlement activities as sustainable development programs, providing sufficient investment resources to enable displaced persons to benefit directly from the project, as the nature of the project may warrant; and
Ensure that resettlement activities are planned and implemented with appropriate disclosure of information, meaningful consultation, and the informed participation of those affected.
For Veta Kihonda Tungi, Muhimbili, Mjimwema, Tubuyu, Mapande road and Anti Malaria, Kikundi and Barakuda drainage in Morogoro Municipal Council the process for land acquisition is involuntary since the asset inventory revealed that there are some houses which will be affected by the proposed road subprojects.
This RAP study revealed that there are some houses which will be affected by the proposed road subprojects that involve acquisition of land/displacement of people.
Table 3-2: Categories of Affected People and Assets at Sub wards throughout the Tubuyu II road and Kihonda VETA -Tungi Road (6.4 km)
Table 3-3: Table 3.3 : Summary Description of ESS 5
Gap Assessment between National Legislation and the World Bank ESS5
Tanzania has neither National Policy specific for Resettlement nor corresponding legislation. To help ensure compliance with World Bank Standards and due consideration of the adverse impacts of resettlement on local populations, a review was done of all relevant Tanzanian legislation in the aim of identifying and addressing any gaps with World Bank Standards. This analysis is present in Table 3-2 below. Where gaps are identified in Tanzanian Law, the World Bank’s ESS5 will apply. Similarly, if other gaps were to be identified during the implementation of the RAP, the project executing agency will need to implement additional measures to ensure the application of the measures is consistent with ESS5.
Table 3-4: Comparison of Resettlement Elements between the World Bank’s ESS5 and Tanzanian Legislation
STAKEHOLDERS ENGAGEMENT
Consultation and Community Participation
Effective resettlement planning requires regular consultation with wide range of project stakeholders. Broadly defined, stakeholders include any individual or group affected by, the project, either positively or negatively including the host community.
Public consultation and disclosure of information among project developers, PAPs and other stakeholders are vital components for the success of any development project. Not only is regarded as best practice on ethical and moral grounds, but it is cost effective in the long term and it ensures project acceptability and sustainability. In addition, the consultation process provides an opportunity for PAP to express their views and opinions on the project, and on their present and possible future.
To achieve this, public consultations, and disclosure of information about the project is key. Accordingly, the Project proponent, the WBCU in PO-RALG/TARURA and Morogoro City Council have spearheaded this process by considering all stakeholders, putting in place supportive institutional arrangements, and a program of implementation. This Section presents detail of the consultation taken around the Project to date, and actions required for the future, particularly in aspects relating to involuntary resettlement.
Objective of Public Participation and Consultation
The overall goal of the consultation process was to disseminate project information and to incorporate the views of various stakeholders in the project design, implementation, mitigation measures, management plan and Resettlement Action Plan. Public consultation ensured that various groups’ including PAPs’ views are adequately taken into consideration in the decision-making process. Consultation with the stakeholders aimed at positively conveying information about the planned project development, clear up misunderstandings, allow a better understanding of relevant issues and how they will be dealt with, and identify and deal with areas which are controversial while the project is still in its design stage.
The specific objectives of public participation and consultation were:
To ensure transparency in all activities related to the resettlement and its potential impacts;
To share fully the information about the proposed project, its components and activities;
To obtain information about the needs and priorities of the various stakeholders, as well as information about their reactions;
To improve project design and, thereby, minimize conflicts and delays in implementation in relation to resettlement;
To involve public at large together with their responsible institutions and organizations in the project design and planning;
Information dissemination to the people about the project and resettlement; and Understanding perceptions of local people towards the project
Project Consultation Process
The Project proponent has conducted extensive consultations to project stakeholders including the PAPs. This has been done through project formulation consultants. During the Preparation of RFP for TACTIC project 129 different consultation sessions was conducted involving 9 institutions, 84 representatives of institution and more than 987 users of TACTIC projects in Morogoro Municipal Council.
During RAP preparation consultations process continued with this study. During the period between December 2021 and May 2022. Three (3) Meeting sessions were conducted with different stakeholders within the roads and drainage systems’ sub projects to inform this RAP. A total of 357 people were consulted in the meetings as discussed in subsection 4.3.2.
Identification of Stakeholders for Consultation
This RAP has been prepared following consultations that included the local communities, Markets Committee Members, LGAs and relevant Government parastatals (social services providers). Feedback obtained from the consultations have been incorporated into designing the roads sub projects institutional and implementation arrangements. The stakeholders’ expectations and the related issues/ concerns have been taken note while preparing this RAP. The RAP document will be published on the PO-RALG website and will be further published on the external WB website.
Based on the proposed roads sub-project in MCC, a number of stakeholders were identified for consultation. The purpose was to ascertain their relevance and roles during RAP preparation and subsequently implementation. The project meeting and other preliminary interactions with these key stakeholders has enabled to gain a broad understanding of the project features and subsequently define the scope of RAP.
Table 4-1: Typology of Stakeholders Consulted
Public Engagement and Consultation Meetings
Meetings
Stakeholder’s interviews and consultations were the main methods followed during the process of this Resettlement Action Plan. The team involved the key identified stakeholders from the national level to community level as listed in section 4-2.
Table 4-2: Identified Stakeholders
Issues raised during the meetings with various stakeholders are summarized in the Table 4.3 below:
Table 4-3a: Issues raised in the meetings.
Table 4-4b: Issues raised in the meetings.
Key Informants Discussions
Key informant interviews were done with local leaders at ward (WEOs, councilors) and Mtaa levels. The aim of KIIs were to inform them about the entire exercise of data collection, RAP preparation process, their roles and responsibilities. The meeting with leaders were also used to collect specific data about their area (eg. Sensitive areas, environmental practices and unique issues that would require a special attention and handling.
The leaders played a vital role in respect of building rapport and connecting the RAP team and the community. For example, to convey information to the community about meeting dates, time and venue; as well as encouraging women and people with disability to participate in the meeting. Similar, leaders played crucial role to identify PAPs and other users of land during the survey exercise.
Summary of concerns about RAP implementation
• Timely information on project design and road alignment: people requested to be informed constantly regarding road design and alignment;
• Employment opportunity for local people: raised the need for local people to be given priority in employment during the construction (for both skilled and unskilled labor);
• Fair and timely compensation payment: requested for timely and adequate compensation for any losses incurred due to project implementation; and
• Special consideration to vulnerable groups e.g., Elderly, Children, Long term Illness People women headed families (Low Income)
Figure 4-1: Consultation meeting at Tungi ward concerning resettlement.
SOCIAL ECONOMIC BASELINE OF THE PAPs
Overview
This section presents social economic profile of the project area with respect to demographic features, economic features, Infrastructure, and distribution of public utilities in the project areas. The information and data presented were obtained through literature review as well as from site observation during reconnaissance and through spatial maps.
Population
During RAP preparation the available population information in the affected areas were projection of the 2012 census data. According to Morogoro City Council Social Economic Profile, the population of the wards transverse by project roads is presented in the figure 5-1 below.
Figure 5-1: Population Distribution in Subprojects’ Wards
(Source: NBS census report 2022)
Demographic of the PAPs along Tubuyu II and Kihonda-Veta-Tungi Roads
Census has recorded 16 PAPs owners of affected land and buildings. Among the PAPs 6 are females, while 10 are men.
Characteristics of the Affected PAPs Head of Household
The census recorded a total of as all affected population, the affected population included owners of the affected houses /structures, and members of households. The census survey recorded a total of 16 owners of the affected property. All the affected owners are occupying their structures for residential.
There is no affected PAP who has an age range below 18 year and PAPs who have an age range between18- 39 years is 5, PAPs who have an range between 40 – 49 years is 7, PAps who have an age range between 50 – 59 are 4 and there are no PAPs who have an age above 60 years, though PAP who is above 60 years, would be categorized as vulnerable who will require special consideration e.g., Elderly, Children, Long term Illness People women headed families (Low Income).
The education level of the head of house hold comprises of 6 PAPs with primary education, 9 PAPs with secondary school, and PAP with University education is 1.It was agreed that the Morogoro Municipal Council will provide any support required by the PAP if they will have any challenges in understanding the resettlement process.
All affected PAPs are losing residential structures that have been constructed using modern construction materials (cement blocks) in residential structure, totally affected were 10 and partially affected is 6, these structures totally affected will be compensated and PAPs will receive loose of accommodation allowance to enable them rent alternative houses while they construct new houses.
The impact to ten (10) out of 16 PAPs who loss residential structure will be full resettled outside of the project area and only 6 PAPs will continue to reside within the project area. With regard to land ownership, all PAPs have encroached the affected land and will therefore not receive full compensation of the affected land. Other than structures PAPs are also losing some trees/permanent crops that will also receive compensation as per the entitlement matrix under TACTIC RPF.
With regard to compensation options, all 16 PAPs opted for cash compensation as they would wish to construct their new houses at their own preference. Considering that all PAPs revealed that they do have operating bank accounts at various; therefore, the MMC will deposit the compensation amounts in the PAPs bank accounts.
All the affected heads of Household PAPs undertake various economic activities that include 4 Casual labour , 8 PAPs practice Agriculture and 4 PAPS practice small business at various parts of the Municipality as well self-employed; discussion with the PAPs revealed that, most of activities are conducted out of the project area.
Characteristics of the Other Household Members
The census survey recorded a total of 96 PAPs affected Household members.
There are 34 Household members who have an age range below 18 year and Household members who have an age range between 18- 39 years are 32, Household members who have an range between 40 – 49 years are 22, Household members who have an age range between 50 – 59 are 8 and there is no Household member who have an age above 60 years, though PAP who is above 60 years, would be categorized as vulnerable.
The education of the other members of the household comprises of school going children (20 children) attending primary and 30 Secondary and only 12 attending university out of 1 Household members.
All the 96 PAPs affected Household members are undertaking various economic activities that include 22 Casual labour, 22 PAPs practice Agriculture and 20 PAPS practice small business at various parts of the Municipality as well self-employed.
Types of the main Dwelling Houses
This section describes the general condition of the dwelling which is affected by the land acquisition by the project.
Household survey explored from the respondents about the ownership and status of the house structures. The results show that all respondents possess at least one structure that belongs to the families. These structures have different sizes depending on affordability of the head of household. Data shows that about half of the houses (60 %) have 3-5 rooms followed by 30% that have 1-3 rooms. On the other hand, 10% have 7-9 rooms. The study wanted to explore the uses of the structures. Purposes of the main house structures owned by the respondents in the project area shows that 90% are residential structures whereas 10% are rental houses. Ownership of house structures in the project area: Majority of the affected household structures are mainly owned by male. This situation is common in many Africans societies where men are the head of households as well as properties of the households. They own most of means of production. Women are mainly considered as helpers who obey their husband. Survey showed 90% of the structure owners are male whereas 10% are female owned properties
Of the total surveyed PAPs with are bunt brick made are 15, and cement bricks made are 3.
Figure 5-2: Types of houses which will be affected at Tungi ward
Status on Electrification
As far as the electrification is concerned, the survey revealed that 15 households are electrified, and 3 households are not having any electricity in their households.
Occupation Pattern and Average Annual Income
Majority of PAPs have more than one source of income to meet their basic livelihood requirements. The main sources of income for all 16 PAPs who owned structures is farming, petty business and livestock keeping.
Heads of affected households were asked about average monthly income of members of households from all sources of income. About 80% of PAPs earn up to TShs 450,000 per month therefore majority of PAPs are poor in economic terms and with the household sizes coupled with inflation this level of income is even far from adequate.
Land Use
There are three main types of land use within the subject areas. The big part of the area is used for residential settlements as well as community infrastructures such as roads including social services like schools, medical facilities and etc. Majority live on their own land, the survey results reveal that only 8.6% did not have own house, whereas the rest 91.4% possess at least one house structure located on legally owned land. Moreover, respondents claimed that all land they occupy is cultivated/ developed and no more land space is left without development within their plots. This is because land value in the city is very valuable, and developing a structure within the plots secures lives of the developer even up to old age.
Land Access and Availability
In the project area there are three main land tenure systems as revealed in the household survey carried out for the ESIA study. Less than half of the interviewed respondents (45%) got land through inheritance whereas 60% bought land. Very few people (5%) were allocated by the government showing that majority live in unplanned settlements. Most of the street government regimes do not have land left under their supremacy to allocate to the needy. People who are in need of land will have to acquire it through buying from those who have extra plots or those who want to migrate out of the area.
Household Income
Morogoro Municipality is characterized with mixed economy that of agriculture and business. Like other urban settings the Municipality is a Central Business District (CBD) of Morogoro region characterized with agglomeration of off farm activities including business, small scale enterprises, office work, manufacturing industries of primary and secondary level and other domestic activities. However, agriculture is a dominant economic activity particularly in peri-urban areas the major are subsistence, small scale and commercial farming. Agriculture employ only 32 percent of the municipals total population and it is very common in sub urban areas.
Construction of urban roads will improve economic as will easily facilitate timely transportation people and goods and enhance per capital income.
Distribution of income among the inhabitants differs widely, based on their occupations. livestock keepers and peasants earn very little income from their farms and livestock produce due to nature of production system which is not market oriented or low prices paid to farmers. On the other hand, those who are engaged in trading have relatively better earnings. PAPs within the project area are mainly involved in urban agriculture and hence income from selling crops, others are labors ( self-employ ) as well as petty traders.
Availability of Social Services
Health Services
Morogoro Municipal has 4 hospitals of which three hospitals are government hospitals and two are non-government.
The accessibility to health facilities in the project area is good since a number of dispensaries and hospital can easily be accessed. The proposed infrastructure upgrading activities shall involve employment approximately to 300 workers, which create pressure on existing capacities of health services, as a result of injuries and accidents from the construction activities.
Water Sources & Supply
Water supply to the distribution network is from two main sources, Mindu system and Mambogo system. Water from Mindu Dam gravitates to Mafiga Treatment plant after which it is pumped to Tumbaku reservoir. From here water gravitates to low areas of the distribution network whereas higher areas receive water from elevated tanks whose water is pumped from Tumbaku reservoir site. The Mindu/Mafiga system serves about 70% of the distribution network. Mambogo system serves the distribution system in the southern part of the Municipality. Other small sources serve small discrete areas within the network on the south-eastern part.
In any case during implementation of proposed subproject water for construction shall be drawn from MORUWASA network, impact on the supply capacity water shall be felt.
Of the total affected household (15 nos.), 10 households having piped water supply as source of drinking water followed by 8 households which they are using domestic points for water. Proposed construction activities for urban roads and drainage systems shall create pressure on the current water supply from both workers and construction related works.
Note: Domestic points/water kiosk are points established by public for people to fetch tap water or water from wells.
Electricity Transmission and Distribution
Tanzania Electric Supply Company (TANESCO) is the main transmitter and distributor of electricity in Morogoro. Every district in the region is well served by electricity from TANESCO. According to TANESCO regional report, Morogoro region is receiving a capacity of 28 Megawatts from national grid while only 15 Megawatts has been utilized. Therefore, the region has an extra capacity of 13 Megawatts of electricity which could be utilized by prospective investors.
MAGNITUDE OF IMPACTS
Key Anticipated Benefits
At the Morogoro Municipal Council level, the key benefits likely to accrue from the project as well as the entire country are as follows:
Increased business and trade opportunities
Improved roads will reduce travel time and costs as well as vehicle maintenance costs.
Improved access to social services (schools, hospitals, and market etc.)
Increased land values
Open more market for housing business.
Attract investors hence increased access to improved living conditions and service delivery in targeted areas.
An indirect future positive impact will be an improved urban facility around the project areas, will result in increase and stabilization of services thereby leading to enhanced business and economic development opportunities. At the project level, there would be work opportunities for unskilled labor in the project areas thereby providing an opportunity for supplementing their income.
Adverse Impacts
The subsequent sections present the project will have minimum adverse impacts such as
Land loss and restricted use for agriculture and non-agriculture
loss of vegetation including crops and trees
loss of residential structures and buildings as follows.
loss of commercial structures
potential disruption of access during construction of the roads
potential disruption of services especially power and water supply due to relocation of overhead lines and underground pipelines and cables.
Impacts on Land
It is estimated that the sub projects will require about 292,900,000m² of land. The land availability from every ward is presented in the Table 6-1 below;
Table 6-1: Land Required for Subprojects Implementation
Impacts on Structures and Buildings
Table 6-2: Affected Structures along the Kihonda-Veta-Tungi and Tubuyu II roads and Drainage Systems
Impacts during Construction
This subsection presents the anticipated impacts due to construction works.
Disrupted Social Infrastructure Services
Water Infrastructure
There are a number of water supply pipelines owned by MORUWASA in the project area. Specifically, of water pipeline will be affected along Tubuyu II road 6.4. Several water pipes connecting to private house are along Muhimbili 1.2 Km Road, Road 2 Km Road, Kalobe 2.6 Km Road, will also be affected by construction activities. Among these infrastructures, some will be temporarily closed or out of service.
Disruption on Electrical, Telecommunication
This project will affect more than 28 of electrical poles belonging to Tanzania Electric Supply Company Limited – (TANESCO). Among these, 13 are located along Kihonda-Veta-Tungi road, 10 along Tubuyu II road, 5 Mjimwema road. It is anticipated that during relocation of these overhead power lines the communities surrounding the project areas will experience periodical power disruption and blackouts.
Temporary Disruption of Access
Main and side roads will be affected either temporarily or permanently during construction phase and local communities will be affected by lack of access to these roads. During demolition of buildings and Project construction activities, there will be temporary notable visual disturbances impact to the communities’ users. This will be caused possibly by falling structures of affected buildings and structures, excavations and storage of soil piles from the trenches. PIT will be the one fully responsible for identifying and mitigating the adverse impacts of if they intend the Contractors of works to play the role in this process.
It should be noted that the task for relocation of all utilities will be in cooperated in the contractors’ bills of quantity and the contractor in close collaboration of the respective utility authority will relocate the utilities. Local communities within the project area will be informed and the timing of relocation will be done with minimal or no impact to local communities or their economic activities.
Impacts of vulnerable/Risky population
Impacts on Vulnerable People: The following impacts are anticipated to be experienced by different risk groups of During roads construction:
Temporary Disruption of access; to social services such as schools, hospitals and prayer houses. This will affect mostly children and elderly people.
Interaction between contractor workers and the teenagers (learners) may result into drop outs, unwanted / early pregnancies and marriages.
Temporary impacts on Livelihoods; It is anticipated that there will be minimum temporary impacts on roadside users especially motorbike operators, food vendors, roadside businesses.
Proposed Mitigation Measures to Address the Adverse Impacts
TACTIC and MCC in collaboration with a Consulting Engineer, have considered feasible alternative project designs to avoid and/or minimize physical and economic displacement impacts, while balancing environmental, social, and financial costs and benefits. Following the preparation of various design options, TACTIC and MCC have decided to carefully utilize the existing roads corridors. In areas of Kihonda and Tungi wards, where some buildings’ will be affected, the PAPs will be compensated so that they can leave ROWs.
However, this RAP advises as follows:
Assets such as water pipes, electrical and telecommunication infrastructures be reinstated by the contractor in close collaboration with respective institutions to ensure that these services are recovered and return to normal within a short time.
With respect to available water sources to be affected, the contractor will avail alternatives to available space. For the case of affected water pipes, the contractor will provide temporary public water lines for the use of affected community until the services returned to normal. Another measure that will be taken to alleviate the problem of impacted water pipes, electrical and telecommunication is to ensure that the time of disconnection and connection are as short as possible and that affected communities shall be informed about the temporary cut of these services so as to take necessary measures to reduce the impacts.
Regarding affected roads and bridges, alternative roads and pathways shall be provided to the affected areas.
ELIGIBILITY AND ENTITLEMENTS
According to the above-mentioned laws and policies, the affected person(s) (group(s) /individual(s) were those who stand to lose assets or denied access to legally designated social and economic services as a result of proposed project activities. Whatever the extent of loss, lost assets may be land, structures, trees etc. During the census and public consultation conducted along the project areas four major categories of PAPs were found; these are people who are directly affected socially and economically through the road project including:
Owners of trees and crops alongside the roads
Encroachers of road reserves: these are people whose houses’ canopies have protruded to road reserves areas.
Users of social services: these are groups of people that will be affect to due to disrupted access (during construction). E.g school going children, attendants of prayer houses,
Users of the roadsides: these are mobile small business operators and motor bikes operators,
Entitlement Matrix
Entitlement matrix is presented in table 7-1 below.
In case of disparity between the laws of the United Republic of Tanzania and the requirements of the World Bank’s ESS 5 the most stringent will prevail, ensuring that all provisions of ESS5 are implemented. This provision will be considered as binding for concerned parties once the RAP is approved by both the Government and the World Bank.
Table 7-1: Entitlement Matrix
ASSETS INVENTORY and Valuation
Introduction
According to the Section 3 (i) part g of the Land Act No. 4 of 1999 and other related land laws any person with legal interest in land that is to be acquired for public interest should be compensated in full, fair and promptly. Therefore, as part of the services, the consultant was required to conduct the valuation of affected property along the project proposed right of way of the project involving roads and improvement of drainage systems for compensation purposes. Accordingly, the consultant appointed a valuation team of registered and licensed valuers to identify, locate, value and assess compensation of all properties falling within the project proposed right of ways for both roads and drainage systems.
Scope of the Valuation Work
The scope of the assignment covered the following areas:
To identify and establish the ownership and value of all properties existing within the right of way of the project roads and improvement of drainage system.
To determine entitlement to compensation for lost assets based on the market rate or replacement values where comparable open market sales could not be obtained such as in the valuation of a church or mosque.
To prepare a schedule showing for each property its location, description, rightful owner and its payable compensation.
To advise on the compensation amounts payable for the identified properties in accordance with local laws relating to land acquisition.
To produce compensation schedules for approval by the Chief Valuer and other relevant stakeholders prior to paying compensation.
To this end consideration was given to Tanzania Land Laws and World Bank ESF governing assessment of compensation.
Valuation Method
The basic principle governing valuation for compensation purposes is that none of the affected person should be made worse off compared to the situation he was in before an asset was acquired. The element of compulsory acquisition of land is well treated in most legislation worldwide emphasizing payment of fair, adequate and prompt compensation of acquired land that is subject to acquisition by the state for specific declared objectives. Valuation methods were guided by Valuation Regulations of 2018 which provide for open market value method of valuation to be used as the basis of valuation for compensation or using the Replacement Cost Method, where there are no relevant comparable data.
Nature and Types of Affected Assets
The types of assets found in the project area fall into four main groups:
Land,
Buildings,
Crops and Trees and
No economic structures/activities—kiosks, shops, vending stands
Identification of PAPs
Project affected person occupying land, buildings or owned crops were identified by the Mitaa(sub-ward) Chairpersons and other Mitaa leaders or members of the Mtaa/Ward land committee and PAP’s neighbours
Measurement
Accurate measurement of property was ascertained after the center line of the proposed upgrading TubuyuII and Kihonda-Veta-Tungi roads on site by the Consultant’s highway engineers and land surveyors who used GPS and modern survey equipment to establish the Centre line of the road and improvement of drainage system
Valuation of Land
Individuals owning land that is to be acquired for the TubuyuII and Kihonda-Veta-Tungi roads and improvement of drainage system will receive cash compensation for the loss of land they are now occupying in the subject areas. All affected land has been inspected and valued. In determining the values of land, the applied rates are based on the average local full replacement value, that is, the market value of the assets that includes transaction costs where applicable searched and determined in each respective location. The number of PAPs are presented in chapter Six. While the corresponding compensation amounts anticipated is in table 12-1.
Valuation of Buildings
Payable compensation has been ascertained in respect of buildings by conducting market research within the locality and immediate neighboring areas. This was necessary so as to establish the likely full replacement value, that is, the market price/cost of the assets plus transaction costs in respect of the type of building found in the right of way.
Consultation with staff at Morogoro Municipal Council Valuation office and officials of the Ministry of lands provided valuable insights on the compensation rates and procedures. Further inquiries were made from selected property owners and local leaders to establish indicative land price level based on consultations for comparison of current construction rates. Based on above, rate had been established for the buildings.
Valuation of Crops and Trees
The earning approach method of valuation is the typical methodology used in assessing market value of crops and trees for compensation purposes. This is in compliance with the Valuation Division of the Ministry of Lands who in consultation with Agriculture departments prepare crop and tree price schedules normally on annual basis. In applying the earning approach, net revenue of each of the respective crop/tree was determined and subsequently capitalized at current commercial bank lending rates over the estimated economic life of the plant or the remaining period of the land tenure. Adjustments were accordingly made to arrive at appropriate values that were considered to be fair market value of the relevant crop tree or plantation reflecting those compensation crop rate schedules issued by the office of Chief Valuer in the Ministry of Lands, Housing and Human Settlement Development.
8.10 Categories of Affected People
In line with the World Bank Environmental and Social Framework/ESS5, categories of affected people include: property owners, residential tenants, business tenants, squatters, encroachers and other opportunistic land occupiers, grave owners and affected communities.
Furthermore, affected group(s) individual(s)/persons are categorized as follows:
a) Those who have formal legal rights (including customary and traditional rights) recognized under the laws of Government of Tanzania;
b) Those who do not have formal legal rights to land at the time of conducting census, but have a claim to such land or assets provided that such claims are recognized under the laws of Government of Tanzania; and
c) Those who have no recognized legal rights or claims to land they are occupying.
Those covered under a) and b) above will be provided compensation for the land they lose, and other assistance in accordance with Tanzanian Legislation and World Bank ESS 5. Persons covered under c) above will be provided with compensation of properties other than land to achieve the objectives set out in the ESS 5, if they occupy the project area prior to the established cut-off date.
Persons who encroach on the area after the cut-off date are not entitled to compensation or any other form of resettlement assistance. People who consider themselves to be eligible and are not identified at the time of census will have the right to appeal to Municipal or Municipal authorities.
INSTITUTIONAL RESPONSIBILITIES FOR RAP IMPLEMENTATION
Overview
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.
Organizational Arrangements – Roles and Responsibilities
Project coordination
The PO-RALG -TARURA is holding a custodianship of TACTIC project. PO-RALG is responsible for control and approval of all studies and implementation of construction works under the TACTIC project through TARURA -World Bank Coordinating Unit (WBCU) established at the national level to coordinate and implement the project.
The TARURA - Project World Bank Coordinating Unit (WBCU)
Responsibilities of WBCU will include issues related to the preparation of the project, development of the ESMF, RPF, SEP, the procurement strategy and plan, and other work widgets.
The WBCU is led by a Project Coordinator with relevant staff. The WBCU will oversee overall coordination of RAP implementation, reporting to the WB regarding safeguards issues, as well as of integrating safeguards requirements into bidding and contracting documents. It is the responsibility of WBCU and those of TARURA HQ to interact with the environmental and social authorities, ensuring an efficient implementation of safeguards documents. The officials should undertake, randomly, field visits and environmental supervision and monitoring, assessing environmental compliance at worksites, advising Project Implementing Units (PIUs) at LGA level on environmental and social safeguards issues.
The WBCU-TARURA will, also, be responsible for identifying training needs of all parties involved in RAP implementation. The WBCU will cooperate with all local institutions to provide a successful implementation of the Resettlement Procedure (RAP).
The Local Government Authorities
District/City councils and local communities (Mitaa) are the final beneficiaries of the project implementation; it is required continuous assistance and presence during all the progress of the project. They will be responsible for the coordination of the implementing procedures and execution of the compensation together with PO-RALG/ WBCU.
Project Implementing Team
It is assumed that the project would be implemented at the local level through PIUs which will be working closely with the respective cities, Municipal and town councils.
The PITs 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 PIT ESS will be the following:
ensuring that contractors comply with all ESMPs requirements;
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;
when in need, providing advise and consulting contractors in RAP implementation; and
reporting to the WBCU with regard to implementation of the Resettlement Procedure.
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.
Land Resources and Town Planning Department
For each LGA under the Project is responsible for identifying and verifying property boundaries and ownership. They also will clarify land allotment certificates for agricultural land that has been formally registered and transferred to the Immovable Property Registration Offices.
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.
Project Resettlement Implementation Unit (RIU)
The RAP suggest for formulation of a lean unit for Project Resettlement implementation at PIT office. The role of this unit is to ensure the smooth and timely implementation of the Resettlement Action Plan. This team will also supervise, manage 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
Community Liaison and Grievance Redress Officer
Again, this RAP suggest for engagement of a community liaison and grievance redress officer who has permanent terms of employment under the LGA . 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 residents of the affected areas. The officer will be responsible for informing the PAPs and 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:
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;
Organize meetings with local government leaders at the Mtaa level and distribute notices for general meetings to local government leaders, NGOs and communities;
Distribute notices, press releases at various points (such as at local government offices, markets, schools, churches and mosques);
Meeting with the Mitaa to explain the land acquisition process and to answer questions about the process
Select appropriate locations for use as payment centres for compensation payments;
Explain the compensation payment process including the benefits of using a bank and the role of the Bank.
Contractor for Construction of infrastructure
The Contractor responsible for construction of infrastructure would have a few roles, albeit indirect, in respect of RAP implementation:
Provide SPCU with final schedule of construction for SPCU/RAP Implementation Unit to communicate with communities along the corridor;
List down all possible obstruction sections
Provide labour requirements so that attempts can be made to source labour from the project areas;
Inform SPCU of any issues relating to access that might be disrupted
Employ the local population to work as casual or skilled labour and Pay wages as per applicable norms
provide compensation for any damages to assets outside of wayleave, in accordance with rates established in the RAP,
have a Community Liaison Officer (CLO) who interfaces with the community;
refer any resettlement-related grievances reported to them to the RAP implementation consultant and SPCU;
maintain a grievance redress procedure for construction-related impacts,
Inform SPCU in case of unexpected findings of cultural and archaeological artefacts and see the options to reroute the layout as necessary;
Ensure complete adherence to the ESMP.
IMPLEMENTATION SCHEDULE
Implementation of this RAP consists of several activities, each requiring specific measures to be taken prior to implementation start. The implementation schedule timeframe of eight (8) months ensures that no affected person or household will be forcefully displaced due to civil works as well as setting up of Grievance Redress Committees at Mitaa and District level. Table 10.1 below presents the key RAP implementation activities.
Table 10-1: RAP IMPLEMENTTION ACTIVITIES
* Note: The payment of economic compensations assumes that functioning markets exist; replacement cost is the market plus transaction costs that is accommodated in the land value, without considering asset depreciation value . In situations where functioning markets do not exist, replacement cost may be determined through alternative means, as specified in ESS5.
GRIEVANCE REDRESS MECHANISM
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 TACTIC project; (ii) objectives of the GRM; (iii) the principles that need to be adhered in formulation of effective procedures and processes, (iv) operationalizing the requirements of GRMs/SEA, (v) responsibility for addressing issues for GBV/SEA; (vi) response to grievances.
Likely Grievances
Nature and types of grievances that could occur at various levels of project cycle in relation to RAP are listed in table 11.1 below.
Table 11-1: Nature and Type of Likely Grievances
Objectives of the Grievance Redress 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 tiers 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
Principles to Effective Grievance Redressal
Principles in formulation of effective grievance redressed process are as follows:
Institutions and procedures laid down are consistent with the anticipated grievances;
Takes cognizance of the existing socio-cultural setting such as making use of existing Mtaa disputes resolution structure.
Is housed within existing formal institutional structures thereby ensuring continuity
Should be well represented in its composition particularly aimed to resolve the types of grievances that are likely;
Is accessible/close to the source of grievance so as to not make reporting of grievance difficult in the first place;
Takes cognizance of the need to resolve grievances as they are better resolved at the level at which they occur rather than the next higher level;
Provides appropriate orientation and training to all stakeholders involved in redressal of grievances;
Is well-supported by an effective information dissemination mechanism to prevent occurrence of a grievance in the first place due to lack of information;
Fixes a time frame for resolution of grievance and communicates the same to communities;
Is timely and responsive i.e. Its recommendation and decisions are implemented by the project implementers; and finally
Is adequately resourced to ensure desired effectiveness.
No financial payments required for PAPs to have their grievances addressed.
Operationalization of the GBV Redress
The costs of operating the GRM are usually modest and should be financed by the SPCU as part of the general project management costs. The GRM needs to be in place prior to the contractor mobilizing.
The GRM will have multiple channels where complaints can be registered. Particularly for GBV, where risks of stigmatization, rejection and reprisals against survivors create and reinforce a culture of silence, complainants may be reticent to directly approach the project management team. Additional measures may therefore be needed to enable reporting.
The GRM will basically be operated by the Morogoro Municipal Council and the local level commitees with the collaboration of the PCT at the WBCU. However, for GBV the SPCU will create synergy with active and competent GBV Services Provider for adequate handling of the issues through the telephone, email address, web form, address etc.
Grievance Management Committees’ Structure, and Functioning
The sub projects within the TACTIC project can be clustered into two clusters based on their nature namely the subprojects with linear nature on one hand and subprojects with confinement nature on the. Likewise, the nature of grievance committees at the lowest level there will have some difference emanating from the nature of the project. For instance, for linear projects at the first, (lower) level there will be Mtaa committees chaired by the Mtaa Chairperson. This is because the impacted communities are led by the Mtaa leaders -local government structure at their localities. Figure 11-1 illustrates the grievances resolution flow. However, for the confined project eg markets, bus stand the grievance committees are usually by mechanism put forth by project management. This structure in the management will be the lower level of grievance handling. in order to strengthen these committees, the RPF is proposing inclusion of members from LGAs. Second, level is the LGA level (TACTIC project 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 stakeholder’s 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.
Scope of Work of Grievance Management Committees
All committees will have similar responsibilities albeit at different levels of their function/jurisdiction. Major responsibility of the Grievance Management Committees will be:
Represent the interests of PAPs and communities in the project's zone of influence;
Act as an entry and exit point for all grievances arising from resettlement activities
Act as part of project monitoring and oversight committee on the corridor encroachment, construction materials vandalism and finally to sensitize the community from misusing the infrastructures.
Monitor safety standards, labour requirements and community health issues during construction works and report to LGAs /TARURA coordinator of TACTIC.
Prepare progress reports and present them to the GMC during monthly meetings
Compositions of Various Grievance Management Committees
The composition of grievance committees is listed in the table below:
Table 11-2: Composition of Grievances Committees
Dissemination of Committee’s Resolution
The Committee’s resolution status on any grievance received and discussed will be communicated to the PAP or any claimant within 7 working days of the Committee’s decision Program Reporting Requirement: The Grievances Management Committees will work hand in hand with the RAP Consultant, LGAs and TACTIC project Communications liaison officers reporting on all matters arising and progress.
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.
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.
Interfacing with the complainant
Community Development Assistant (Deputy Secretary) will be responsible for preparation of invitation and resolutions letters. In the event of submitting the invitation letter the CDO will send the letter and make a follow up by phone. During the dissemination of the resolutions the CDO and committee secretary will seek appointment to meet the complainant and submit the resolution to the complainant after cancelling.
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;
Identify Service Providers for the GBV
Upon the project appraisal, SPCU will identify organization(s) and establish synergies with providers on the ground e.g., NGOs and local institutions who are trusted by the local community and are working on GBV prevention and response. In areas with high GBV prevalence, there may already be an existing mapping of GBV prevention and response actors in a given community) It is important to map community organizations working on women’s and girls’ rights as they may be both entry points to services for survivors and useful allies for awareness raising activities around the GBVs. When identifying community-based organizations, look for those with experience working with the local population to address the root causes of GBV by providing livelihood support or by implementing community-based interventions to challenge the norms and attitudes that underlie GBV. These two activities fall under the broad categories of GBV prevention and response.
The activities that GBV Services Providers will provide a project will depend upon the risk level. These can include the following:
Undertaking a community mapping of GBV risk ‘hot spots’ and vulnerable target groups that may be most susceptible to project induced GBV, particularly SEA;
In consultation with the IA, on the basis of the community mapping, identifying the specific GBV prevention activities to be undertaken to address GBV risks (see Section 2 for the types of risks to be considered);
Providing services to survivors and/or becoming a victim advocate/victim accompaniment, case management organization. If required and in High-risk situations, the project should equip this organization with funds that will enable it to facilitate access to timely, safe and confidential services for the survivor (including money for transportation, documentation fees, and lodging if needed);
Providing training related to ensuring knowledge of standards laid out in the CoC and services that are available for survivors;
Ensuring that the project has ‘safe spaces’ where survivors can report incidents of GBV to trained personnel;
Raising awareness around the existing accountability mechanisms and supporting the development of a Stakeholder Engagement Plan; and,
Channeling complaints to the appropriate accountability mechanism
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.
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.
Coordination of SEA/GBV Reporting
SPCU will support for to community development officers; existence in GRC. The Community Development officers will do the following:
Upon receiving the complaints, the Community Development officers will send the complaints to GBV Services Providers.
The GBV service provider will identify the survivor in accordance with international standards that articulate a minimum basic package of services, ideally including case management support, health services, psychosocial support, police support and security, access to legal services, and shelter, if needed. When identifying GBV Services Providers, the quality-of-service provision should be a key consideration. In keeping with a survivor-centered approach, accessing services should be the choice of the survivor. Access to police and justice services should be made available in the instance that the survivor would like to pursue charges through the local justice system.
SPCU Social Expert will follow up with service providers on the mitigation and progress of resolving GBV related matters. The reports will be documented as part of quarterly reports.
Suggested ways of reporting GBV / SEA
Community will be sensitized on the existing channels for reporting grievances. SPCU will adopt the simple and convenient channels hat suit the nature of the community. The awareness will be made publicly advertised procedures, setting out the length of time users can expect to wait for acknowledgement, response and resolution of their grievances. Transparency about the grievance procedure, governing structure and decision makers;
Different ways in which users can submit their grievances, which may include:
submissions in person, by phone, text message, mail, email or via a website;
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;
An appeals process (including the national judiciary) to which unsatisfied grievances may be referred when resolution of grievance has not been achieved; and,
An option for mediation when users are not satisfied with the proposed resolution.
Response to Grievances
All comments and complaints will be responded to either verbally or in writing, in accordance to preferred method of communication specified by the complainant. The grievance should be responded to within 14 days maximum. Comments will be reviewed and taken into account in the project preparation; an individual response should be presented to each aggrieved person. The grievances should be documented in a Grievance log – under custodianship of the project coordinators’ office at Municipal level.
Redressal Procedure
The Grievance redressal procedure aims to take into use the existing traditional structures. However, the PAP shall have the option of directly reporting the grievance to the District level GRM, if s/he so desires. The steps involved are as given below:
STEP 1 – LOGGING AND RECORDING OF GRIEVANCE:
As a first step, all complaints and grievances relating to any aspect of the project are to be properly lodged through the representative block/zone member of the Grievance Management Committee and then recorded in the Grievance Form. The contact details of the Mtaa-GMC members will be made public to the PAPs. Additionally, the Mtaa leader will also be available to help the PAPs to channel their grievances to the committee. Grievance Form feeds into the RAP Database managed centrally at TACTIC. Complaints that are not connected to the Project are filtered and referred to relevant local committees and claimants informed accordingly within 5 days. Some cases may just require provision of required information or clarification and may therefore not be required to be referred to Step 2.
STEP 2 – REDRESSAL AT MTAA- GRIEVANCE MANAGEMENT COMMITTEE LEVEL:
The Mtaa/facility - GMC shall maintain a record/register of all complaints/grievances received so that these can be recorded collectively. At this step, all cases are to be heard by Mtaa/facility- GMC and addressed through consultations conducted in a transparent manner and aimed at resolving matters through consensus. In order to ensure transparency, all meetings aimed at resolving such complaints are conducted in places specifically designated for this purpose. Minutes of such meetings shall be kept and if the resolution proposed by the Mtaa/facility- GMC is accepted by the PAP, the PAP will sign the grievance form to show agreement and the grievance will subsequently be closed, otherwise Step 3 below will be followed in appeal. A period of 7 days is provided to hear and redress the grievance.
STEP 3 –REDRESSAL AT DISTRICT - GRIEVANCE MANAGEMENT COMMITTEE LEVEL
If the Complainant does not receive any response from the Mtaa/facility GMC within 14 days of lodging the complaint or that the Complainant is not satisfied with the response, then the issue will be appealed to the District - Grievance Management Committee (District- GMC). During the appeal to the District- GMC, all the necessary details will be attached, and the Complainant notified accordingly of the venue, date and time of when a hearing will be conducted and resolved within 14 days’ time. If the resolution proposed by the District- GMC is accepted by the PAP, the PAP will sign the grievance form to show agreement and the grievance will subsequently be closed.
STEP 4 – CIVIL COURTS OPTION:
If the affected person is not satisfied with the decision of the District- GMC he/she will be informed of his/her rights to take the grievance to the court of law, as a last resort. However, the Complainant will also be informed that to do so will be at their own expense, unless the court awards damages to the Complainant. The decision of the court of law will be final.
Figure 11-1: Grievance flow Chart for TubuyuII and Kihonda-Veta-Tungi roads project
Disclosure of Grievances
All grievances activities should be disclosed in aggregated form 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. The personally identifiable information about the complainants will not be disclosed.
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:
The aggrieved person has to be informed of the proposed corrective measure.
In case no corrective action is required, the petitioner should also be informed accordingly.
Implementation of the corrective measure and its follow up has to be communicated to the complainant and recorded in the grievance register
All grievances and communications, received by the project social officer, 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.
COSTS AND BUDGET
The budget for this RAP has been determined for the land, structures, businesses, and trees affected by the proposed sub-projects. The costs and budget of this draft is Tshs. 661,506,628.90. It should be noted that the actual valuation was conducted in November 2022 and it involved the structures located along Tubuyu II and Kihonda-Veta-Tungi roads.
Table 11-3: Estimated Cost and Budget for RAP Implementation
Note: If additional funds are required for the implementation of the RAP in accordance with all applicable provisions in ESS5, the Borrower will provide those funds in a timely manner so that the planned measures can be implemented without experiencing delays. The source of funds will be from Morogoro Municipal Council.
MONITORING AND EVALUATION PLAN
12.1 Overview
RAP monitoring and evaluation will be done by PO-RALG PIT at Mid-Term and at the close of RAP implementation. A RAP Implementation Completion Report will then be prepared by an independent consultant at least five (5) to six (6) months after effectuation of compensation and/or related activities. The RAP implementation and monitoring process will further suggest corrective measures, as needed, to improve RAP implementation in future subprojects. PAPs will be involved throughout the entire process of RAP evaluation, giving their opinions, suggestions, and feedback as part of the community participation and consultation process.
Monitoring, Evaluation and Audit
The monitoring and evaluation procedures will include external and internal monitoring of compliance during implementation with the objectives and methodologies set forth in the RAP, as well as any specific issues or challenges that may arise during the process.
Evaluation
Evaluation has the following are the objectives:
Assessment of RAP implementation’s compliance with objectives and methods set for in this RAP;
Assessment of RAP implementation’s the compliance with the specific laws, regulations and safeguard policies of the World Bank ESF and Tanzanian Law;
Assessment of the consultation process undertaken at the individual and community levels;
Assessment by Central and Local Government, and according to Bank Standards, of the fairness, adequacy, and promptness of compensation as implemented;
Evaluation of the impacts of the compensation and resettlement process on the incomes and living standards of the affected persons; and
Identification, as part of the ongoing monitoring, of further actions to be taken to improve project benefits for the affected persons and mitigate potential negative impacts.
Monitoring Response to Grievances
All grievances activities should be monitored in order to verify the process. Monitoring will be for the following indicators:
Efficiency of grievances recipients monthly (Channel, gender, age, basic economic status of the complainants should be mentioned)
Type of grievance received (according to the topic of the complaint)
Number of grievances solved
Number of unsolved grievances and the reasons behind not solving them
Satisfaction levels with proposed solutions
Documentation efficiency
Time consumed to solve the problem
Efficiency of response to received grievance dissemination activities undertaken
Monitoring and Evaluation Indicators
Internal monitoring for RAP implementation will be carried out until all PAPs have vacated their existing properties and been successfully relocated. The estimated maximum time for this process to be concluded is three (3) months. The Council will keep records of all progress and prepare regular monitoring resettlement implementation reports summarizing the successes and challenges encountered, for submission to the respective District Councils. To maximize efficiency, PO-RALG may hire temporary staff or outsource services to ensure ongoing quality control, including regular site visits. Data from field surveys will be used as a benchmark for gauging RAP implementation progress.
Monitoring should involve the maintaining of a full-time presence in the field during resettlement implementation and close coordination with the respective District and Ward-level Authorities. It should involve:
Administrative monitoring to ensure that implementation is on schedule and any issues and challenges are addressed in a timely fashion;
Socio-economic monitoring, during and after relocation, to ensure that persons have been able to recover successfully and restore their livelihoods and living standards; and
Administrative monitoring to ensure that any relocation of graves has been adequately performed and all concerned PAPs have been duly involved.
Data from baseline socio-economic surveys conducted during consultations will provide the benchmark for monitoring to assess the progress and success of RAP implementation. Monitoring will also include communication with PAPs and documentation of their reactions, as well as physical monitoring of RAP implementation progress, including any physical relocation.
PO-RALG should hire external monitoring personnel as necessary to review all compensation tallies and ascertain whether compensation has been adequate and correctly provided. The external monitor will also assess whether PAPs have managed to restore their prior living standards in terms of income, housing, access to basic resources and services, and ownership of land and material assets. Impact monitoring is expected to be conducted approximately three (3) months after the end of compensation/physical relocation and a report of the evaluation’s findings submitted to the seven (7) sub-projects Regions.
For impact monitoring, an evaluation of overall RAP impacts will be conducted by an independent third party, and particularly, of the extent to which efforts to restore the living standards of affected persons have been properly implemented and successful. This evaluation will further verify the results of performance monitoring and identify any adjustments to future RAP packages that may be required. This evaluation will specifically assess, inter alia:
The appropriateness of relocation sites;
The appropriateness of the implementation schedule;
The appropriateness of the GRM; and
The appropriateness of assistance to vulnerable groups.
Project Affected Persons (PAPs) should be actively involved in and informed on impact monitoring via participatory meetings. The cooperation of the Mtaa and Ward Executive Officers will be crucial to these evaluations. Impact monitoring is expected to be carried out approximately three (3) months after completion of compensation/relocation, and annually thereafter for a period of at least two (2) years. At the end of each evaluation, a report of the evaluation’s findings will be submitted to IPS and the respective District.
PO-RALG is responsible for RAP implementation, monitoring, and evaluation, as well as for providing regular progress reports to the Bank. To this end, it will structure, via its own staff or a dedicated consultancy, a Resettlement Planning and Implementation Team (RPIT), to be coordinated by a Manager, and including personal with the capacity to:
Coordinate all necessary actions to ensure that all compensation and assistance measures are implemented in a proper and timely manner;
Identify key issues and challenges, and ensure they are appropriately addressed;
Document clearly all resettlement procedures followed and actions undertaken;
Constitute and maintain a RAP database, to be used in the evaluation of eligibility, entitlements, etc.;
Ensure adequate participation of affected persons in the RAP preparation and implementation process; and
Prepare and submit the necessary reports.
The Team will carry out timely inspections in every area in which resettlement takes place (both affected and host areas), with the frequency deemed necessary by the Team Manager. Each step of the resettlement process in each affected location will require direct supervision and adequate reporting. The Team must verify that each PAP has received all entitlements due them as per the RAP.
Audits
The key objective of the external evaluation and completion audit is to determine whether the project’s efforts to restore the livelihoods and living standards of affected persons have been duly conceived and executed. The audit should verify that all physical inputs committed to in the RAP have been successfully delivered and all services provided. It should further evaluate whether the mitigation measures prescribed in the RAP have had the desired effect. The socioeconomic status of affected persons, including the host population, should be measured against the established baseline conditions recorded before displacement (via the census and socioeconomic studies).
The completion audit should be undertaken after all RAP inputs, including any development initiatives, have been completed but well before all financial commitments of the Bank to the GoT have been met, in order to allow the Bank time to take corrective action, as necessary, before project close. The completion audit should normally bring closure the Bank’s liability for resettlement, compensation, livelihood restoration, and development support
The following verifiable indicators will be used to monitor and evaluate the implementation of resettlement and compensation plans:
Table 12-1: Monitoring Indicators
External Monitoring
External monitoring shall be engaged by PO-RALG to carry out independent bi-annual review of RAP implementation and project evaluation. External monitoring and evaluation can be done by independent researcher, consulting agency, university department or an NGO. External monitoring will focus on the following:
Verifying whether the objectives of enhancing or at least restoring the income levels and standard of living of PAPs have been met;
Suggest modification in land acquisition and economic rehabilitation where necessary to achieve objectives;
Assess if all resettlement and land acquisition have been completed;
Verification of internal monitoring;
Demographic baseline and bi-annual household survey to monitor progress from pre-project, pre-settlement benchmarks;
Evaluation of delivery and impacts of entitlements to determine if they are as per approved RAP;
Evaluation of consultation and grievances procedures especially at the level of public awareness of grievances procedures; access by PAPs and households to information and rapid conflict resolution;
Evaluation of actual operation of grievances committee in assisting PAPs as required and acting as observers; and
Declaration of successful implementation of RAP.
Reporting Requirements
The following are the suggested reporting requirements:
The Consultants shall prepare monthly and quarterly reports on RAP progress implementation to PO-RALG;
PO-RALG shall also monitor RAP implementation and submit quarterly reports to Ministry of Infrastructure
External monitoring agency submits bi-annual reports directly to PO-RALG and determines whether or not RAP goals have been achieved and livelihoods have been restored and suggest suitable recommendations for improvement.
RAP Completion Audit
The key objective of this external evaluation, or completion audit, is to determine whether the sponsor’s efforts to restore the living standards of the affected population have been properly conceived and executed.
The audit should verify that all physical inputs committed in the RAP have been delivered and all services provided. In addition, the audit should evaluate whether the mitigation actions prescribed in the RAP have had the desired effect. The socioeconomic status of the affected population, should be measured against the baseline conditions of the population before displacement, (as established through the census and socioeconomic studies. In specific the audit will be able to:
To assess whether the outcome of RAP complies with the resettlement policy
To determine whether efforts to restore the living standards of the affected persons have been properly conceived and executed
To verify physical inputs committed to RAP have been delivered and all services provided.
In addition, the completion audit should evaluate whether the mitigation measures prescribed in RAP have had desired effect. The socio-economic status of affected population including the host communities will be measured against the baseline conditions of the population before displacement (as established through the census and socio-economic surveys). The completion audit will be undertaken when all RAP inputs including development initiatives have been completed.
A RAP Implementation Completion Report (RAP ICR) will be prepared no more than six (6) months after the last compensation is paid. This will include:
Background of the RAP preparation including a description of the project activities, scope of impacts, number of affected persons, and estimate budget.
Update of its implementation with actual numbers of displaced persons by segments, compensation paid, issues/complaints raised and solutions provided
Resettlement assistance and Rehabilitation measures (where applicable)
Early assessment of the impacts of resettlement and compensation on affected categories at the time of the report production.
Total sum disbursed (compare with budget and explanation)
Lessons learned from the RAP implementation
Suggested annex: Valuation Report and Signed Compensation Schedules
This Report should be prepared and submitted to the Bank six (6) months after the end of compensation payment or before the Implementation Completion Report (ICR) of the project by the Bank, whichever comes first. The RAP implementation report should include (but not be limited to) the following information:
References
International Finance Corporation (IFC), Handbook for Preparing a Resettlement Action Plan
[2016. “World Bank Environmental and Social Framework.” World Bank, Washington, DC.]
United Republic of Tanzania (URT). March 2021. Updated Resettlement Policy Framework for Tanzania Transport Integration Project (TACTIC)
URT (1967). The Land Acquisition Act. No 47 of 1967
URT (1977). The Constitution of the United Republic of Tanzania
URT (1984). The Local Government (District Authorities) Act. No 7 of 1982
URT (1984). The Local Government (Urban Authorities) Act.No.8 of 1982
URT (1999). The National Land Policy, 1996
URT (1996). The National Land Act, Cap 113
URT (2001). The Land Act No .4 Regulations 2001 subsidiary Legislation (supp.No.16 of 4th May 2001)
URT (2002). The Land Disputes Courts Act No.2 of 2002
URT (2007). The Urban Planning Act, 2007
URT (2007). The Urban Planning Act, 2007
URT, National Bureau of Statistics (2012 Population and Housing Census)
URT, Valuation and Valuers (Registration) Act, The 2018 Regulations
ANNEXES
ANNEX 1: Grievance Registration Form
Grievance Registration Form for TACTIC Sub-Project
Grievance Resolution Form for TACTIC Sub-Project
Date of response to complaint…………………………… ………
Response of complaint:
Name of witness (if available) …………………………………………………………
Acknowledgement of resolution of grievance:
………………………………………………………………………………………………………………………………………………………………………………………………………………
Location of grievance
Signature of complaint ………………………………….. Date: …………………………
Name of project personnel: ……………………………... Date: …………………………
Signature of personnel: ……………………………..…… Date: …………………………
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