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United Republic Of Tanzania

Project Management Office in the Prime Ministers Office Regional Administration and Local Government (PMO-RALG)
---------------------------------

Dar es Salaam Metropolitan Development Project (DMDP)


Sub-component 2.2
Infrastructure Upgrading in Unplanned Settlement (IUUS)

REVISED OVERAL RESETTLEMENT ACTION PLAN FOR


IUUS Subprojects in ILALA Municipality

JULY 2015

STUDY TEAM

NAME

POSITION

Mr. Robert Kashiki

Sociologist

Eng. Leo Kisakwa

Highway Engineer

SIGNATURE

Table of Contents
1.

Introduction................................................................................................................... 1
1.1

Background ............................................................................................................. 1

1.2
Subprojects under the Infrastructure Upgrading in Unplanned Settlements in Ilala
Municipality ........................................................................................................................ 1
1.3
2.

Measures taken to minimize resettlement impact .................................................... 1

Census and Socio - economic Study .......................................................................... 3


2.1

Resettlement Impacts .............................................................................................. 3

2.1.1
2.2

Demographic and socio-economic status of the project affected people .................. 4

2.2.7
3.

Nature and Types of Assets and PAPs ............................................................. 3


Necessity for updating RAP.................................................................................. 8

Resettlement Policy and Legal Framework ................................................................ 9


3.1

Laws and regulations of the United Republic of Tanzania on land acquisition.......... 9

3.2

World Bank Policy on Involuntary Resettlement (OP/BP 4.12).............................. 14

3.3
Comparison between Policies of the URT and World Bank on Land Acquisition and
Resettlement .................................................................................................................... 15
3.4

4.

Project policy and entitlement ................................................................................ 18

3.4.1

Principles and Objectives................................................................................ 18

3.4.2

Project eligibility and compensation policy ...................................................... 20

Institutional Arrangement .......................................................................................... 24


4.1

National Level ........................................................................................................ 24

4.2

Regional Level ....................................................................................................... 24

4.3

Municipal level ....................................................................................................... 25

4.4

Income Restoration Program ................................................................................. 27

5.

Implementation Schedule........................................................................................... 28

6.

Cost and Budget ......................................................................................................... 29

7.

Participation and Consultation .................................................................................. 30


7.1

Information Disclosure ........................................................................................... 30

7.2

Public Consultation and Participation ..................................................................... 30

7.2.1

Consultation and participation during the IUUS preparation ............................ 31

7.2.2

Consultation and Participation mechanisms during implementation of RAP .... 32

8.

Redress and Grievance Mechanism.......................................................................... 34

9.

Monitoring and Evaluation......................................................................................... 36


9.1

Monitoring and Reporting....................................................................................... 36

9.2

Internal Monitoring ................................................................................................. 36

9.3

Independent Monitoring Consultant ....................................................................... 37

Table of Figure
Figure 4.1: Institutional Arrangement for RPs implementation (DMDP) .............................. 277

List of Tables

Table 2.1: PAPs and type of assets............................................................................................3


Table 2.2: Type of Building affected.....4
Table 2.3: Age categories of PAPs by Wards.4
Table 2.4: Type of Households by Ward..5
Table 2.5: Level of education of PAPs by Ward..5
Table 2.6: Source of income of PAPs by Ward.6
Table 2.7: Estimated PAPs Households monthly Income by ward.6
Table 2.8: Distance from Social Services Facilities 7
Table 2.9: PAPs asset ownership by Ward .7
Table 2.10: Women decision making powers in household matters . 8
Table 3.1 : Comparison between the policies of the URT and the WB OB/OP 4.12 ..........15
Table 3.2: Subproject Entitlement Matrix .......20
Table 5.1: Indicative Schedule of Resettlement and Compensation Activities ....28
Table 6.1: Valuation Summary .....29
Table 7.1: The Key Issues Discussed During the Consaltation Meetings ....31

ii

Abbreviation
AP

Affected persons

BD
DC

Bidding Documents
District Commissioner

DCC

Dar es Salaam City Council

DMDP
DMS

Dar es Salaam Metropolitan Development Project


Detailed Measurement Survey

DP

Displaced person

ESIA
EMP

Environmental and Social Impact Assessment


Environmental Management Plans

IMC

Internal Monitoring Consultant

IOL

Inventory of loss

IUUS
GDP

Infrastructure Upgrading in Unplanned Settlements


Gross Domestic Product

GOT

Government of Tanzania

LGA
LGSP

Local Government Authority


Local Government Support Project

MC

Municipal Council

PMO-RALG
PAP
RP

Prime Ministers Office - Regional and Local Government


Project Affected Persons
Resettlement Plans

RPF

Resettlement Policy Framework

SWDI

Storm Water Drainage Improvements

URT
TSH

United Republic of Tanzania


Tanzanian Shilling

WB

World Bank

iii

Glossary of Terms
Displaced Person(s)
(PAPs)

The persons who are economically and socially affected by involuntary


taking of land for the DMDP, resulting in:
(i)
(ii)

relocation or loss of shelter;


loss of assets or ability to access such assets;

(iii) loss of income sources or means of livelihood, regardless of


relocation; and
(iv) the involuntary restriction of access to legally designated parks or
protected areas causing adverse impacts on their livelihoods.
Project affected
household

All members of a household, whether related or not, operating as a


single economic unit, who are affected by a project.

Project affected person

Any person who, as a result of the implementation of a project, loses the


right to own, use, or otherwise benefit from a built structure, land
(residential, agricultural, or pasture), annual or perennial crops and
trees, or any other fixed or moveable asset, either in full or in part,
permanently or temporarily.

Resettlement assistance

Supports provided to people who are physically displaced by the DMDP.


Assistance may include transportation, food, shelter, and social services
providing to affected people during their relocation. Assistance may also
include cash allowances that compensate affected people for the
inconvenience associated with resettlement and defray the expenses of
a transition to a new locale, such as moving expenses and lost work
days.

Cut-off date

Date of completion of the census and assets inventory of persons


affected by the project. Persons occupying the project area after the cut off date are not eligible for compensation and/or resettlement
assistance. Similarly, fixed assets (such as built structures, crops, fruit
trees, and woodlots) established after the date of completion of the
assets inventory, or an alternative mutually agreed on date will not be
compensated.

Entitlement

Range of measures comprising compensation, income restoration,


transfer assistance, income substitution, and relocation which are due to
affected people, depending on the nature of their losses, to restore their
economic and social base

Host community

A community in the proposed resettlement sites.

Income
restoration/livelihood
improvement

The restoration and/or improvement of income sources and livelihoods


of relevant PAPs.

Inventory of Losses
(IOL)

A detailed survey of all losses that will result for each household,
enterprise, or community affected by the DMDP.
The survey should account for land acquisition and loss of physical
assets as well as loss of income, either temporary or permanent,
resulting from displacement of household members from employment or
income generating resources. Assets held collectively, such as water
sources, livestock grazing areas, irrigation systems, and community
structures should be recorded separately. It is essential for resettlement
planners to consult with affected people during this step to develop a
reasonable consensus on the methods and formulas for assigning value
to lost assets and income forgone during resettlement.

Land Acquisition

Process whereby a public authority, usually in return for compensation,


requires a person, household, or community to relinqui sh rights to land
that it occupies or otherwise uses

iv

Physical displacement

The actual physical relocation of people resulting in a loss of shelter,


productive assets or access to productive assets (such as land, water,
and forests).

Economic displacement

The results from an action that interrupts or eliminates peoples access


to productive assets without physically relocating the people themselves

Replacement Cost

The rate of compensation for lost assets calculated at full replacement


cost, that is, the market value of the assets plus transaction costs. It is
calculated before displacement as follows:
(i)

agricultural land: the market value of land of equal productive use


or potential located in the vicinity of the affected land, plus the cost
of preparation to levels similar to or better than those of the
affected land, plus the cost of any registration and transfer taxes;

(ii)

land in urban areas: the market value of land of equal size and use,
with similar or improved public infrastructure facilities and services
preferably located in the vicinity of the affected land, plus the cost
of any registration and transfer taxes;

(iii) household and public structures-the cost of purchasing or building


a new structure, with an area and quality similar to or better than
those of the affected structure, or of repairing a partially affected
structure, including labor and contractors fees and any registration
and transfer taxes.
(iv) standing crops based on the current market value of the crop at the
time of compensation;
(v)

Vulnerable Groups

perennial crops and fruit trees will be compensated equivalent to


the current market value given for the type, age and productive
value of such trees (future production) at the time of compensation.

People who by virtue of gender, ethnicity, age, physical or mental


disability, economic disadvantage, or social status may be more
adversely affected by resettlement than others and who may be limited
in their ability to claim or take advantage of resettlement assistance and
related development benefits.
Vulnerable groups include: (i) female headed households with
dependents, (ii) disabled individuals; (iii) households with disabled
persons, (iv) households falling under the current benchmark poverty
line, (v) children and elderly households who are landless and with no
other means of support, (vi) landless households, (vii) ethnic minorities.
The list of vulnerable groups will be identified during project preparation
through socio-economic survey and public consultation.

Self- resettlements

Option selected among several presented, which a DP for self -relocation


chooses, and who will be provided with an additional transitional
assistance.

1.
1.1

Introduction

Background

The proposed Dar es Salaam Metropolitan Development Project (DMDP) for World Bank
(WB) financing is positioned within the context of the Banks continued support to Tanzania
through the proposed Local Government Support Project (LGSP2) to strengthen fiscal
decentralization, improve accountability in the use of local government resources, and
improve management of inter-governmental transfer systems. The DMDP aims to strengthen
the institutional and urban management systems of the Dar es Salaam Local Authorit ies
(DLAs) in order to enhance the service delivery over time.
The PMO-RALG is the Project Executing Agency and the Project Owner while the Municipal
Councils of Ilala, Temeke and Kinondoni and TANROAD are the implementing agencies of
the DMDP. Expectedly, the DMDP has a total cost of 159,830 million USD to be
implemented in five years from 2015 - 2020.
The Project covers the three municipal councils of Ilala, Kinondoni and Temeke and the Dar
es Salaam City Council (DCC) and will have four (04) interrelated components as belows:
- Component 1: Institutional development for improved metropolitan and council
management systems;
- Component 2: Urban infrastructure investments;
- Component 3: Land administration systems; and
- Component 4: Support for Project management.
The Component 2 includes the investments in 04 sub-components below and each subcomponent includes subproject/s involving in either the improvement of water drainage
and/or roads at three (3) municipalities in Dar es Salaam of Ilala, Temeke and Kinondoni.
-

Sub-component 2.1:
Sub-component 2.2:
Sub-component 2.3:
Sub-component 2.4:

Storm Water Drainage Improvements (SWDI);


Infrastructure Upgrading in Unplanned Settlements (IUUS);
Local Roads; and
Ubungo Junction.

The Sub-component 2.2 includes the upgrading of infrastructures at the three municipalities
of Ilala, Temeke and Kinondoni.

1.2

Subprojects under the Infrastructure Upgrading in Unplanned Settlements in Ilala


Municipality

This RAP report is the consolidated RAP report based on subproject RAP reports of
subprojects within Ilala Municipality for guiding the implementation of the resettlement
activities of these subprojects.
1.3

Measures taken to minimize resettlement impact

- Early information given to community, residents of wards Kiwalani, Ukonga and Gongo
la Mboto about the subprojects so that no construction activities, investments are made
after September 2014.
- Study and select all possible options by group of experts (resettlement, environment
and engineering) and results of this effort, showing that the selected option is the best
1

that cause less resettlement impacts compared to other options Option 1: 100 AH
- Prepare RAP including policy, entitlement matrix, compensation, allowance, supports
which help to ensure entitlement of APs and minimize; appropriate arrangement of
constructions activities and relocations of AHs; AHs are given opportunities to select
type and kind of compensation, support, redress and grievance mechanism.
- Involvement and participation of NGOs, CBOs, etc
- Preparation of ESIA

2.

Census and Socio - economic Study

This comprised of a detailed census /inventories with affected households as well as


formal and semi-formal discussions with sample focus groups in the communities. A
comprehensive questionnaire for data collection was used. The questionnaire
gathered information on the following:
a) Household Bio data (Socio-demographic information);
b) Livelihoods (such as sources of income and type of occupation; employment
status; vulnerability); and
c) Access to economic and social services infrastructure.
The format of questionnaire used for data collection of PAPs is given as Annex 2.1.
In addition, the data thus collected in the census forms is submitted separately.
2.1

Resettlement Impacts

2.1.1

Nature and Types of Assets and PAPs


The nature and types of assets affected in all the project roads include:
Land and buildings

Table 2.1: Revised PAPs and type of Assets


Name of Wards ( in which
project road Passes)

No. of Households with building/structure


Affected

KIWALANI

209

UKONGA

461

GONGO LA MBOTO

180

KIMANGA

54

TOTAL

904

2.2.2

Building Structures

The building structures that have been affected are generally residential units mainly built of
Brick /Block walls; CIS roof (See Table 2.2). The sand cement blocks-CIS-roof account for
84% and the remaining 16% are concrete blocks. Most of these structures have retail
business room outlets. The business outlets are owned by business vendors and few with
property owners.

Table 2.2: Type of Buildings Affected


No. of Buildings
Affected

Building Construction Type


Built of Brick /Block walls, CIS roof, cement sand screed floor, no finishes

280

Built of Brick /Block walls, CIS roof, terrazo, Standard finishes

130

Built of Brick /Block walls, CIS roof, quality finishes

Specialized construction as of mosque church building ,office, hospitals of block wall

Total

2.2

410

Demographic and socio-economic status of the project affected people

Census survey of PAPs shows that there is a significantly high age dependency ratio. About
45.7% of all PAPs are children (1-17 years of age) and 4% the elderly (over 65 years old).
Age-wise this data indicate a high possibility of vulnerability among PAPs because of age
factor
Table 2.3: Age Categories of PAPs by Ward
GONGO LA

AGE

KIWALANI

UKONGA

1-5

147

104

88

339

20.6

6-17

179

127

107

413

25.1

18-24

203

143

121

467

28.4

25-44

117

83

70

270

16.4

45-64

39

28

23

90

5.5

>65

29

20

17

66

Total

714

504

427

1645

100

MBOTO

Total

Sex Composition
48.7
51.3

Male

2.2.1

Type of Household (male and female-headed households)

Male-headed households are common among the PAPs although 18% of all households are
female-headed and 1% is child-headed (Table 2.4). This has significant bearing on the level
of poverty as female and child-headed households are often associated with high levels of
poverty. The female and child-headed households are thus likely to face greater degrees of
vulnerability because of social and economic dislocations brought about by the project.
Table 2.4: Type of Households by Ward
TYPE OF

KIWALANI

UKONGA

Male Headed

78

55

Female Headed

17

Child headed
Others

HOUSEHOLD

Total

GONGO LA

TOTAL

46

179

76

12

10

39

18

14

102

72

59

235

100

MBOTO

Source: Consultant survey 2013

2.2.2

Educational Status of PAPs

Data in Table 2.5 below indicates that generally PAPs have low educational attainment
levels. About 20% of PAPs are illiterate and do not know how to read and write while about
36% have attained only primary school education.
Table 2.5: Levels of Education of PAPs by Ward
EDUCATION STATUS

KIWALANI
WARD

UKONGA

MBOGO LA
MBOTO

TOTAL

Illiterate

143

101

85

329

20

Primary Schooling

171

121

102

394

24

Primary School level

257

181

154

592

36

Secondary Schooling

36

25

21

82

Secondary School level

43

30

26

89

Higher Secondary
Schooling

29

20

17

66

Higher Secondary School


level

14

10

33

Graduate

16

Post Graduate

16

Technical

10

714

504

427

1645

100

Total

Source: Consultant survey 2013


2.2.3

Sources of Household Income of PAPs

Majority of PAPs have more than one income to meet their basic livelihood requirements.
The main sources of income are petty business (56%). This is followed by seasonal wage
labour (15%) as shown in Table 2.6.
Table 2.6: Sources of Households Income by Ward
SOURCE OF INCOME

KIWALANI

UKONGA

GONGO LA
MBOTO

TOTAL

Petty business

57

40

34

131

56%

Seasonal Wage labour

15

11

35

15%

Formal Employment

19

8%

Self Employment

14

10

33

14%

Rent, interest

14

6%

Other

1%

102

72

61

235

100

TOTAL

Source: Consultant survey 2013

Heads of affected households were asked about average monthly income of members of
households from all sources of income. About 10% of PAPs are below poverty line (living on
less than one dollar per day). In total 82% of all PAPs, earn up to TShs 300,000 per month
(Table 2.7). 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.

Table 2.7: Estimated PAPs Household Monthly Income by Ward


INCOME CATEGORIES
0/= - 42,000/= (below poverty
line)

KIWALANI

10

UKONGA

GONGO LA
TOTAL
MBOTO

23

10

42,001/= 300,000/=

84

59

50

193

82

300,001/= - 600,000/=

19

600,001/= and above

Total

102

72

61

235

100

Source: Consultant survey 2013

2.2.4

Distances from Social Service Facility

Most of the PAPs live within long distances to social service facilities such as health, primary
and secondary schools with some variations between the project roads and between the
facilities. For example large percentages 56% of PAPs live between1km and 2Km of health,
primary, water tap and secondary schools (Table 2.8).
Table 2.8: Distances from Social Service Facility
TYPE OF

0.5 -1 KM

1-2 KM

> 2KM

Primary School

35

75

14

Secondary School

40

88

32

Health Facility

34

65

26

Water Tap

25

68

26

Total

134

296

98

FACILITY

Source: Consultant survey 2013

2.2.5

Type of assets owned

The most commonly owned assets are radio, telephone and cycles as shown in Table 2.9
that is indicative of typical poor social and economic conditions of most unplanned
settlements people in the country.

Table 2.9: PAP Asset Ownership by Ward


ASSET OWNED

KIWALANI

UKONGA

GONGO LA
MBOTO

TOTAL

Cooking Gas

15

50

30

95

Cycles

18

12

14

44

Radio

68

62

54

184

Refrigerator

49

48

58

155

150

130

134

414

Television

48

102

70

220

Total

348

404

360

1112

Telephone(mobile)

Source; Consultant survey 2013

2.2.6

Gender Issues

Low levels of education, lack of ownership of property, limited decision-making powers in the
households, pre-occupation with household chores are among the indicators of women low
socio-economic status in the households and families generally in Tanzania. This study
focused on women decision-making authority in the households.
Women Decision-making powers in household matters
Data in Table 2.10 shows that women do have substantial decision-making powers regarding
issues deemed important in the households. Out of all the PAPs only 45 women who were
able to confirm their participation in decision making within their homes, others did not have
part in decision-making.
Table 2.10: Women Decision Making Powers in Household Matters
KIWALANI

UKONGA

GONGO LA
MBOTO

TOTAL

Financial Matter

Education of child

Healthcare of Child

11

Purchase of Assets

Day to Day Activities

Social Functions

Others

Total

23

13

45

DECISION ON:

Source: Consultant survey 2013

2.2.7

Necessity for updating RAP

In case the compensation payment is delayed, this RAP shall be updated so has to reflect
the prevailing reality at the time of payment.

3.
3.1

Resettlement Policy and Legal Framework

Laws and regulations of the United Republic of Tanzania on land acquisition


a.

Property and land right in Tanzania

The Constitution of the United Republic of Tanzania recognize the rights of citizens to own
property and disallows the deprivation of ones property held in accordance with the law,
unless the owner is fairly and adequately compensated.
In Tanzania, there has been a dual system of land tenure concerning public lands: (i)
customary rights and (ii) 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:
(i)

Leasehold right of occupancy for varying periods e.g. 33, 66, or 99 years which
must be confirmed by a certificate of occupancy; and

(ii)

Customary rights of occupancy that must be confirmed by a certificate of


Customary Right of Occupancy (Hati ya Ardhi ya Mila) and have no term limit.
Communities (Villages) are allowed to hold land and to manage it, although they
do not formally own the land.

The National Land Policy (1995), and the Land Laws addresses issues of: land tenure,
promotion of equitable distribution of land access to land by all citizens; improvement of land
delivery systems; fair and prompt compensation when land rights are taken over or interfered
with by the government; promotion of sound land information management; recognition of
rights in unplanned areas; establishment of cost effective mechanisms of land survey and
housing for low income families; improvement of efficiency in land management and
administration and land disputes resolution, and protection of land resources from
degradation for sustainable development. Generally, the land laws' objectives are:
(i)

To recognize that all land in Tanzania is public land vested in the President as a
trustee on behalf of all citizens;

(ii)

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

(iii)

To pay full, fair and prompt compensation to any person whose right of
occupancy or recognized long-standing occupation or customary use of land is
revoked or otherwise interfered with to their detriment by the State under this
Act or is acquired under the Land Acquisition Act, 1967.

The National Land Policy also provides guidance and directives on land ownership and
tenure rights and taking of land and other land based assets. The following principles are the
basis of the Policy:
(i)

All land in Tanzania is public land vested in the President as trustee on behalf of
all citizen;

(ii)

Land has value;

(iii)

The rights and interest of citizens in land shall not be taken without due process
of law; and

(iv)

Full, fair and prompt compensation shall be paid when land is acquired.

The Land Act and Village Land Act (1999 a+b) realize 03 categories of land as belows:
(i)

General land consists of all land which is neither village land nor reserved land
and it is governed by the Land Act and, hence, is under the control and
jurisdiction of the Commissioner for Lands. Property rights can be created over
9

general land in terms of a granted Rights of Occupancy for a period of 33, 66 or


99 years confirmed by a Certificate of Title. Long standing occupation of land is
recognized as conferring property rights. In the case of land acquisition all
occupiers of land irrespective of whether they have a granted right of occupancy
or not, are eligible to compensation. Granted rights of occupancy carry
conditions including land development and the payment of land rent. Failure to
abide with these conditions can lead to the loss of the right.
(ii)

Village land is defined as being the land falling under the jurisdiction and
management of a registered village. As Tanzania consists of a vast countryside
with only a few urban areas, most land in the country is village land. Each
village is required to define 03 land use categories within its own borders: a)
communal village land, b) individual and family land, c) reserved land (for future
village expansion). Village land is held under customary tenure and the
government can issue customary certificates of tenure to individuals or
communities where the village is surveyed and has a Certificate of Village Land.
Customary tenure is akin to freehold.

(iii)

Reserved land is defined as land being reserved and governed for purposes
subject to nine listed laws. It includes: environmental protection areas, such as
national parks, forest reserves, wildlife reserves, and marine parks as well as
areas intended and set aside for spatial planning and (future) infrastructure
development.

The Local Government Act No. 7 (1982) on district authorities and Local Government Act No.
8 (1982) on urban authorities stipulate the functions of district/urban councils. Issues of land
are included as objectives of functions and therefore part of the mandates of local
government in their respective areas.
b.

Acquisition and valuation of land and other assets

Land Acquisition
The Land Acquisition Act (1967) is the principal legislation governing the compulsory
acquisition of land in Tanzania. This Act empowers the President to acquire land in any
locality provided that such land is required for public purposes. This Act also established
procedures on land acquisition, including: (i) investigation of the land to see if it is suitable for
the intended purpose; (ii) notification to landowners to inform them the decision to acquire
their land; (iii) and payment of compensation.
If land is required for public purpose the President is required to give a 06 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 the Act (s.11 and 12). The 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.
Valuation
The Land Acquisition Act (s.14) requires the following to be taken into account in assessing
compensation:
(i)

take into account the value of such land at the time of the publication of notice
to acquire the land without regard to any improvement or work made or
constructed thereon thereafter or to be made or constructed in the
implementation of the purpose for which it is acquired;

10

(ii)

when part only of the land belonging to any person is acquired, take into
account any probable enhancement of the value of the residue of the land by
reason of the proximity of any improvements or works made or constructed or to
be made or constructed on the part acquired;

(iii)

take into account the damage (if any) sustained by the person having an estate
or interest in the land by reason of the severance of such land from any other
land or lands belonging to the same person or other injurious effect upon such
other land or lands;

(iv)

not take into account any probable enhancement in the value of the land in
future;

(v)

not take into account the value of the land where a grant of public land has
been made in lieu of the land acquired;

A practice developed that since land belonged to the public, the valuation for compensation
excluded the value of bare land. However, among the clarifications made in the Land Act
1999 were:
(i)

to take into account that an interest in land has value and that value is taken
into consideration in any transaction affecting that interest; and,

(ii)

that in assessing for compensation, the market value of the real property is
taken into consideration.

Current practice is guided by the Land Regulations, 2001, and the Village Land Regulations,
2001, which provide that the basis for assessment of the value of any land and unexhausted
improvement for the purposes of compensation is the market value of such land.
The market value of any land and unexhausted improvement is arrived at by the use of the
comparative method evidenced by actual recent sales of similar properties, or by the use of
the income approach or replacement cost method, where the property is of special nature
and is not readily transacted in, in the market.
Assessment can only be carried out by a qualified valuer and where the government
(national and local) is involved; such assessment must be verified by the Chief Valuer in the
Government.
The prices for cash crops will be determined as the average value over the previous year,
corrected for inflation. The prices for subsistence crops will be determined as the highest
value over the previous year, corrected for inflation. Crop values will be determined based on
a combination of staple foods and cash crops. Specifically, the 80/20 ratio of land that a
farmer typically has in food crops and cash crops is used to determine the chances s/he
would lose food crop rather than a cash crop income.
Another way of valuing agricultural production is through the value of stable crops to be
taken as the highest market price reached during the Year. This is based on three factors: (i)
although most farmers grow staple crops mainly for home consumption, they always have
the option of selling these crops to take advantage of the market; (ii) farmers most often
purchase cereals when they have run out, during the "hungry season" when prices are high;
(iii) averaging the highest price of stable foods yields a high per hectare value that
reimburses for the vegetables and other foods that are commonly inter-cropped with staples,
but are almost impossible to measure for compensation.
Compensation
The principal of paying compensation for land that is compulsorily acquired exists in both the
Constitution and in the relevant land laws.
As per the Land Acquisition Act (1967) the Government is required to pay compensation for
the land taken. The compensation may be as agreed upon, or as determined under the Act.
The Government may in addition to compensation and with agreement of the person entitled

11

to compensation pay compensation as well as give alternative land. There are situation
where the Government is compelled to give alternative land (e.g. in cases where land was
used as a cemetery) in lieu or in addition to compensation. The land granted must be of the
same value and held under the same terms as the land acquired, and must be in the same
local government authority area unless the person whose land is being acquired consents to
be given land elsewhere.
The Land Acquisition Act does not provide for compensation where land is vacant. Besides,
where land is inadequately developed, compensation is to be limited to the value of
unexhausted improvements of the land.
However, provisions in the Land Act 1999 over-ride or clarify those in the Land Acquisition
Act. In the case of compulsory acquisition, the Government is required: to pay full, fair, and
prompt compensation to any person whose right of occupancy or recognized long-standing
occupation or customary use of land is revoked or otherwise interfered with to their detriment
by the state under this Act or is acquired under the Land Acquisition Act; provided that in
assessing compensation for the land acquired in the manner provided for under this Act, the
concept of opportunity cost shall be based on the following:
(i)

Market value of the real property;

(ii)

Transport allowance;

(iii)

Loss of profits or accommodation;

(iv)

Cost of acquiring or getting the subject land;

(v)

Disturbance allowance;

(vi)

Any other cost, loss or capital expenditure incurred to the development of the
subject land; and,

(vii) Interest at market rate shall be charged in case of delays in payment of


compensation and any other costs incurred in relation to the acquisition.
The question of documented legality is not a key consideration in entitlement to
compensation. In practice at least in recent days, compensation has been paid in all cases of
people who claim to be landowners and who are adversely affected by the contemplated
scheme. However, the definition of beneficiaries has been taken not to include tenants.
The Land Regulations, 2001 and the Village Land Regulations, 2001, provide for the amount
of compensation to include the value of unexhausted improvements, disturbance allowance,
transport allowance, accommodation allowance and loss of profits.
(i)

Disturbance allowance is calculated by multiplying the value of the land by an


average percentage rate of interest offered by commercial banks on fixed
deposits for twelve months at the time of loss of interest in land.

(ii)

Transport allowance is the actual cost of transporting twelve tons of luggage by


road or rail whichever is cheaper within twenty kilometers from the point of
displacement

(iii)

Accommodation allowance is calculated by multiplying the monthly market rent


for the acquired property by thirty six (36) months.

(iv)

Loss of profit in the case of business carried out on the acquired property will be
assessed by calculating the net monthly profit evidenced by audited accounts
where necessary and applicable, and multiplied by thirty six (36) months.

Transport allowance, accommodation allowance, and loss of profit do not apply where the
land acquired is unoccupied at the date of loss of interest.
Compensation is to be paid promptly but if it is not paid within six (06) months, it will attract
an interest equal to the average percentage rate of interest offered by commercial banks on
fixed deposits.

12

In the case of agricultural land, compensation is intended to provide a farmer whose land is
acquired and used for project purposes to cover the productive values of the land, labor, and
crop loss. For this reason, and for transparency, "land" is defined as an area: (i) in cultivation;
(ii) being prepared for cultivation; or (iii) cultivated during the last agricultural season. This
definition recognizes that the biggest investment a farmer makes in producing a crop is
his/her labor. A farmer works on his/her land most of the months of the year.
The major input for producing a crop is not seed or fertilizer, but the significant labor put into
the land each year by the farmer. As a result, compensation relating to land will co ver the
market price of labor invested times the amount of time spent preparing a plot equivalent to
that taken. The market price of the crop lost is considered separately.
The other compensation rates cover the labor cost for preparing replacement land based on
a calculated value that would cost a farmer to clear and create replacement land. This value
is found by adding together the average costs of clearing, plowing, sowing, weeding twice,
and harvesting the crop. Labor costs will be paid in Tanzania shillings, at the prevailing
market rates.
All agricultural labor activities are included for two reasons. First, all land labor will be
compensated at the same rate. Second, it is difficult to forecast the growing season that
would define acquisition of the land. The eventual consideration is when land compensation
covers all investments that a farmer will make. In certain cases, assistance may be provided
to land users in addition to compensation payments, for example, if the farmer is notified that
his/her land are needed after the agriculturally critical date. Often, the timing coincides with
the time when the farmer no longer has enough time to prepare another land without
additional labor.
Assistance will be provided in the form of labor-intensive village hire, or perhaps mechanized
clearing, so that replacement land will be ready by the sowing dates. The farmer will still
continue to receive his/her cash compensation so that the compensation can cover the costs
for sowing, weeding and harvesting.
Compensation for structures will be paid by replacing at cost, for example, huts, houses,
farm out buildings, latrines and fences. Any homes lost will be rebuilt on acquired
replacement land, however cash compensation would be available as a preferred option for
structures (i.e. extra buildings) lost that are not the main house or house in which someone is
living. The going market prices for construction materials will be determined. Alternatively,
compensation shall be paid in-kind for the replacement cost without depreciation of the
structure.
Compensation will be made for structures that are: (i) abandoned because of relocation or
resettlement of an individual or household; and (ii) directly damaged by construction
activities.
Replacement values will be based on:
(i)

Drawings of individual's household and all its related structures and support
services;

(ii)

Average replacement costs of different types of household buildings and


structures based on collection of information on the numbers and types of
materials used to construct different types of structures (e.g. bricks, rafters,
bundles of straw, doors etc.).

(iii)

Prices of these items collected in different local markets;

(iv)

Costs for transportation and delivery of these items to acquired/replacement


land or building site; and

(v)

Estimates of construction of new buildings including required labor.

13

c.

Dispute Resolution and Grievance Mechanism

Where there is a dispute, the Government tries to reach an amicable solution through
persuasion. If a solution is not found within 06 weeks, the Land Acquisition Act (1967)
application can be made to the High Court of Tanzania for the determination of the dispute
Every suit instituted shall be governed insofar as the same may be applicable by the Civil
Procedure Code and the decree of the High Court of Tanzania may be appealed against to
the Court of Appeal.
Since the coming into operation of the Courts Act (2002), land disputes settlements disputes
concerning land acquisition and compensation are dealt with by the Land Division of the High
Court.
In the case of a dispute as to the amount to be paid, either the Minister or the person
claiming compensation may refer such dispute to the Regional Commissioner for the region
in which the land is situated and the decision of the Regional Commissioner shall be final.
The Minister should give notice of intention to acquire the land to the persons interested or
claiming to be interested in such land, or to the persons entitled to sell or convey the same.
The Minister may, by notice direct the persons to yield up possession of such land after the
expiration of a period of not be less than six weeks from the date of the publication of the
notice in the Gazette.
3.2

World Bank Policy on Involuntary Resettlement (OP/BP 4.12)

The objective of the OP/BP 4.12 is to study all options to minimize or avoid involuntary
resettlement. Where it is not feasible to avoid resettlement, plans should be made for
compensation and assistance to restore the PAPs living standard to pre-project levels or to
levels prevailing prior to the beginning of project implementation. This policy is applied when
land acquisition causes loss of shelter, part or all of the PAPs profitable assets, or
accessibility to sources of income and/or production.
Required measures for the best resettlement results:
(i)

Consulting PAPs about feasible measures for compensation and resettlement


plans;

(ii)

Providing PAPs with options for resettlement and recovery;

(iii)

Offering PAPs opportunities to participate in and choose planning options;

(iv)

Compensating fully at replacement costs for losses attributable to the project;

(v)

Resettlement site must be provided with fundamental infrastructure and


services same as the PAPs previous residential areas at least;

(vi)

Providing PAPs with allowances, supports, vocational training and income


assistance to facilitate their relocation;

(vii) Identifying special supports for vulnerable groups and;


(viii) Setting up an institutional structure to ensure the successful compensation and
resettlement;
Compensation Criteria and Eligibility:
(i)

PAPs who are entitled to the compensation are: (a) those who have legal rights
to and or other assets; (b) those who currently do not have legal rights to land
or other assets but have claimed for legalizable land or assets in accordance
with the URTs laws based on the storage of such documents as land tax bills
certificates of residence status, or residential permissions of local authorities to
occupy and use the land in the project affected areas; and (c) those who have
no recognizable legal right or no claim to legalizable land they are occupying.

14

(ii)

Persons of (a) and (b) above are compensated for their affected land and
assets. Persons of (c) above are given resettlement assistance in lieu of
compensation for the land they occupy, and other assistances, if necessary, to
achieve the objectives of the policy. If they occupy land in the project area prior
to the cut-off date determined in each RP. Persons encroaching land after the
cut-off date determined in each RP are not entitled to the compensation or any
resettlement assistances.

Valuation and compensation for losses: Methods used for the valuation of losses in WB
funding projects are based on full replacement costs. For this Project, the losses consist of
damages to land; structures and other assets. The full replacement cost of land includes the
land value as defined in accordance with the prevalent market price plus the fee for obtaining
certificate of land use rights. For affected houses and other structures, the valuation is based
on the market prices of construction materials and labor costs to build a replacement house
of equal or better quality and area to the affected one. For works partly or wholly affected by
the Project, the compensation includes the market price of building materials plus costs for
transportation, labor and contractor fees, registration fees and transfer taxes. Asset
depreciation and value of salvaged materials are not deducted.
3.3

Comparison between Policies of the URT and World Bank on Land Acquisition
and Resettlement

It was noted that there are conflicts or gaps between the OP/BP 4.12 and national legislation.
These differences are presented at the Table below. It should be noted that, where there is a
difference between national law and OP/BP 4.12, the latter will be applied for the
subprojects.
Table 3.1: Comparison between the policies of the URT and the WB OB/OP 4.12
Content
Land owners

Tanzanian Law

World Bank OP 4.12

The Land Acquisition Act, the Land Act PAPs are classified into three groups:
1999 and the Village Land Act 1999 (a) those who have formal legal rights
have it clearly that land owners, with or including customary and traditional
without formal legal rights, are entitled rights; (b) those who do not have
to full, fair and prompt compensation. formal legal rights to the land but have
They also get disturbance allowance, a claim to such land or assets provided
transport allowance, accommodation that such claims are recognized under
allowance and loss of profit if they the law of the country; and (c) those
were in actual occupation of the who have no legal rights to the land
acquired property.
they are occupying
Lost
assets
are
limited
to Land owners under categories (a) and
unexhausted improvements, that is (b) above, are among the PAPs who
the land and developments on the are entitled to full, fair and prompt
land.
compensation as well as other
The law does not cover economic and relocation assistance.

Land
tenants/squatters

social impacts of relocation and as


such socio-economic surveys are not

Socio-economic impacts to PAPs are


taken into consideration in preparing
the RAP.

Tanzanian law does not recognize


tenants
as
being
entitled
to
compensation

Tenants would be under category (b)


above and are among the PAPs who
are entitled to full, fair and prompt
compensation

Squatters may be paid compensation Squatters may fit category (c) above
on the whims of the government.
and
are
provided
resettlement
In some cases however they are not assistance in lieu of compensation for
paid. This include those who construct the land they occupy as well as other

15

Content

Tanzanian Law
on road reserves

World Bank OP 4.12


relocation assistance.

Land Users

Tanzania
law
on
compulsory OP 4.12 includes displaced persons
acquisition and compensation is limited who have no recognizable legal right
to those who can prove de jure or de or claim to the land they are occupying
facto land ownership. Users are not
covered

Owner of nonpermanent/perma
nent buildings

Tanzanian law makes no differentiation Under the WB OP 4.12 permanent and


between owners of permanent and non-permanent buildings need to be
non-permanent buildings. As long as compensated.
ownership
can
be
proved Where however, the displaced persons
compensation is payable.
have no recognizable legal rights they
Determination of compensation is
based on the market value of the
property. In practice though, the
depreciated
replacement
cost
approach is used, meaning that PAPs
do not get the full replacement cost of
the lost assets.

are to be provided with resettlement


assistance in lieu of compensation for
the land they occupy, as well as other
assistance.
Cash compensation levels should be
sufficient to replace the lost land and
other assets at full replacement cost in
local markets.

Encroachers

Person who encroaches on the area Person who encroaches on the area
are not entitled to compensation or any after the cut-off date are not entitled to
form of resettlement assistance.
compensation
or
any
form
of
Encroaches have to demolish their resettlement assistance
asset without any compensation, if
refuse the authority concern will
demolish at their cost. It is strictly
prohibited to especially to build a
house or to plant permanent trees and
crops within the unauthorized areas

Timing of
compensation
payment

Tanzanian
law
requires
that Displaced persons are provided
compensation be full, fair and prompt. prompt and effective compensation at
Prompt means it should be paid within full replacement cost for losses of
six months, failure to do which attracts assets directly attributable to the
an interest rate equivalent to the project
average rate offered by commercial
banks on fixed deposits.
Legally, compensation for the acquired
land does not have to be paid before
possession can be taken, but in
current practice it is usually paid before
existing occupiers are displaced.
In practice, compensation is not paid
promptly most of the time, and delays
are not rectified paying the interest rate
as required by the law.

Calculation of
compensation
and valuation

According to the Land Assessment of PAPs be provided with prompt and


the value of Land for Compensation effective
compensation
at
full
Regulations (2001) as well as the replacement cost for losses of assets
Village Land Regulations (2001) attributable direct to the project.
compensation for loss of any interest in Replacement cost is the method of
land shall include the value of valuation of assets that helps
unexhausted
improvements, determine the amount sufficient to
disturbance
allowance,
transport replace lost assets and cover
allowance, accommodation allowance, transaction costs. Depreciation is not

16

Content

Tanzanian Law

World Bank OP 4.12

and loss of profits.


The basis for assessment any land

to be taken into account when applying


this method.

and unexhausted improvement for


purposes of compensation is the
market value of such land.
The market value is arrived at by the
use of comparative method evidenced
by actual recent sales of similar
properties; or by the use of the income
approach,
or
replacement
cost

For losses that cannot easily be valued


or compensated in monetary terms
(e.g. access to public services,
customers and suppliers, or to fishing,
grazing or forest areas) attempts are
made to establish access to equivalent
and culturally acceptable resources
and earning opportunities.

method, where the property is of


special nature and not saleable.
In practice, with land an attempt is
made to establish market value from
recent sales, but these are usually not
transparent. As for unexhausted
improvements in terms of buildings
and other civil infrastructure, the
depreciated
replacement
cost
approach is used
Relocation and
resettlement

Tanzanian laws do not provide for OP 4.12 stipulates that where project
relocation and resettlement. However, impacts include physical relocation,
there are a few cases where the measures should be taken to ensure
government
has
provided
both that the PAPs are: (i) provided with
compensation and alternative land, but assistance during relocation; and (ii)
this has been done at its discretion. In provided with residential housing, or
general, however, the government housing sites, or, as required,
feels that it has discharged its duty agricultural
sites
for
which
a
once compensation is paid, and it is up combination of productive potential,
to the displaced persons to resettle locational advantages and other
and
re-establish
themselves factors is at least equivalent to the
elsewhere.
advantages lost.

Completion of
resettlement and
compensation

The government can under the law,


take possession of the acquired land at
the end of the notice to acquire period,
before paying compensation.
Current practice however is such that
possession is usually after the
payment of compensation whereby the
displaced persons are given time to
vacate the land, which is usually as
soon as possible

Livelihood
restoration and
assistance

There are no legal provisions requiring


the government to restore livelihood or
to provide assistance towards the
restoration of such livelihoods.
Indeed, compensation is not payable
in the case of restrictions to access to
areas of livelihood opportunities.

Consultation and

There scanty provisions related to

It

is necessary to ensure that


displacement or restriction to access
does not take place before necessary
measures for resettlement are in place.
In particular, taking of land and related
assets may take place only after
compensation has been paid, and
where applicable, resettlement sites
and moving allowance have been
provided to the displaced persons.

Resettlement plan or policy includes


measures to ensure that the displaced
persons are: (i) offered support after
displacement for a transitional period,
based on a reasonable estimate of the
time likely to be needed to restore their
livelihood and standard of living; and,
(ii)
provided
with
development
Moreover there are no provisions that
assistance in addition to compensation
require the government to pay special
measures, such as land preparation,
attention to vulnerable groups or
credit facilities, training or job
indigenous peoples.
opportunities.
WB OP4.12 require consultation of

17

Content

Tanzanian Law

World Bank OP 4.12

disclosure

consultation
and
disclosure
in PAPs, host communities and local
Tanzanian law.
NGOs, as appropriate. Provide them
The notice, under the Land Acquisition opportunities to participate in the
Act, informs land owners about the planning,
implementation,
and
Presidents need to acquire their land, monitoring
of
the
resettlement
and their right to give objections. The program, especially in the process of
Land Act allows displaced persons to developing and implementing the
fill in forms requiring that their land be procedures for determining eligibility
valued, and giving their own opinion as for
compensation
benefits
and
to what their assets are worth.
development
assistance
(as
documented in a resettlement plan),
Since resettlement is not provided for
and for establishing appropriate and
legally, there are no provisions about
accessible grievance mechanisms.
informing the displaced persons about
their options and rights; nor are they
offered
choice
among
feasible
resettlement alternatives.

Grievance
mechanism and
dispute resolution

Under Land Acquisition Act, where OP 4.12 provides that displaced


there is a dispute or disagreement persons and their communities, and
relating to: (a) the amount of any host communities receiving them,
compensation; (b) the right to acquire are provided with timely and relevant
the land; (c) the identity of persons information, consulted on resettlement
entitled to compensation; (d) the options, and offered opportunities to
application of section 12 to the land; participate in planning implementing
(e) any right privilege or liability and
monitoring
resettlement.
conferred or imposed by this Act; (f) Appropriate and accessible grievance
the apportionment of compensation mechanisms must be established for
between the persons entitled to the these groups.
same
and
such
dispute
or
disagreement is not settled by the
parties concerned within six weeks
from the date of the publication of
notice that the land is required for a
public purpose the Minister or any
person holding or claiming any interest
in the land may institute a suit in the
High Court of Tanzania for the
determination of the dispute.
In practice the government tries to
resolve grievances through public
meetings of the affected persons.

3.4

Project policy and entitlement

3.4.1 Principles and Objectives


Principles mentioned in WB OP/BP 4.12 used for the preparation of this RAP. The following
principles and objectives will be applied:
(i)
-

Policy objectives:
Involuntary resettlement caused by sub-porjects within the Ilala Municipal should
be avoided where feasible, or minimized, exploring all viable alternative sub project designs.
Where it is not feasible to avoid resettlement, resettlement activities shou ld be
conceived and executed as sustainable development programs, providing
sufficient investment resources to enable the persons displaced by the subproject to share in the sub-project benefits. Displaced persons should be
18

meaningfully consulted and should have opportunities to participate in planning


and implementing resettlement programs.
Displaced persons, especially vulnerable groups should be assisted in their
efforts to improve their livelihoods and standards of living or at least to restore
them, in real terms, to pre-displacement levels or to levels prevailing prior to the
beginning of subproject implementation, whichever is higher.
This policy shall apply to all works of these sub-projects that result in involuntary
resettlement, regardless of the source of financing. It also applies to other activities resulting
in involuntary resettlement, that in the judgment of the Bank, are directly and significantly
related to these subprojects; necessary to achieve its objectives as set forth in the subproject
documents; and carried out, or planned to be carried out, contemporaneously with the
subproject.
(ii)

Sub-projects measures:

Necessary measures shall be undertaken by the PMO-RALG to ensure that


All PAPs of these subprojects are: (i) meaningfully informed about their options
and rights pertaining to resettlement; (ii) sufficiently consulted on, offered choices
among, and provided with technically and economically feasible resettlement
alternatives; and (iii) provided prompt and effective compensation at full
replacement cost for losses of assets attributable directly to the sub-project.
In case the residual of the asset being taken is not economically viable
(residential land is less than 400 m2; house/building is less than 150 m2),
compensation and other resettlement assistances will be provided as if the entire
asset had been taken.
If the impacts include physical relocation, necessary measures should be
undertaken to ensure that the PAPs are: provided assistance (including moving
allowances; supports such as house renting) during relocation; and provided with
residential housing, or housing sites, or, as required, for which a combination of
productive potential, locational advantages, and other factors is at least
equivalent to the advantages of the old site.
All PAPs of these subproject are offered supports after displacement, for a
transition period of 6-12 months for them to restore their livelihood and standards
of living;
The rehabilitation measures to be provided are: (i) compensation at replacement
costs without deduction of depreciation or salvage materials for houses and other
structures; (ii) a residential land is compensated at replacement cost; (iii)
supports for transportation and subsistence costs and (iv) any other supports in
need to help PAPs improve their living conditions and income capacity, or at least
keep their economic conditions as before the subproject implementation. Lack of
legal rights to acquired land will not bar PAPs from their entitlement to access
such rehabilitation measures.
Displacement time for resettlement should be minimized and the rehabilitation
means shall be provided to PAPs no later than one month prior to the expected
commencement of works in the respective subproject areas.
Plans for land acquisition and other assets and provision of rehabilitation
measures must be taken under the consultation with PAPs to minimize their
disturbance. Entitlements shall be provided to PAPs prior to the expected
commencement of works at the respective subproject areas.
Existing public services shall be maintained or improved.
Budget for resettlement shall be available in the subproject implementation
stages.
Checking, monitoring and evaluating the implementation of RP timely and
effectively should be conducted.

19

3.4.2 Project eligibility and compensation policy


(i)

Eligibility Requirements for Compensation and Assistance

Those, who must change their residence or are affected by the subprojects are eligible for
compensation, include: (a) those who have legal rights to land or other assets; (b) those who
currently customary rights to land or other assets and (c) those who have no legal rights or
declarations for legal land-use certificates for the land on which they are living.
Persons covered under (a) and (b) are compensated for their land and other affected assets
at replacement cost and provided other assistance. Persons covered under (c) are given
resettlement assistance in lieu of compensation for the land they occupy, and other
assistance, as necessary, to achieve the objectives set out in this Policy, if they occupy the
subproject area prior to a cut-off date determined in each RAP. Persons who encroach on
the area after the cut-off date determined in each RP are not entitled to compensation or any
other form of resettlement assistance (though they may be entitled to some support
stipulated in current policies)
(ii)

Cut-off date

The cut-off date of these subprojects is June 2014 Affected persons who move to the
subproject area after this time will not be entitled to receive compensation. They must
relocate and/or dismantle their properties on requisitioned areas before the commencement
of the subproject.
For household with affected residential land: (i) households with houses that are entirely
relocated (support for relocation of house and structure; allowance for stabilizing a
households living; allowance for house renting; support for vulnerable group); (ii) for
households that have only part of the main house acquired assistance in order to restructure
their houses
Entitlement matrix which showing compensation, support and assistance and allowance
Table 3.2: Subproject Entitlement Matrix
Type of loss
Agricultural land

Type of impact

Affected
Persons

Less than 20%


of land holding
affected and
remains
economically
viable.

Farmer/ title
holder

More than 20%


of land holding
lost and does
not become
economically
viable.

Farmer / title
holder.

Tenant/ lease
holder

Tenant/Lease
holder

Compensation/Entitlement/Benefits
Cash compensation for affected land
equivalent at full replacement value.
Cash compensation for the harvest or product
from the affected land or asset, equivalent to
average market value of last 3 years, or
market value of the crop for the remaining
period of tenancy/ lease agreement, whichever
is greater.
Land for land replacement where feasible, or
compensation in cash for the entire land
holding according to PAPs choice.
Land for land replacement will be in terms of a
new parcel of land of equivalent size and
productivity with a secure tenure status at an
available location that is acceptable to PAPs.
Transfer of the land to PAPs shall be free of
taxes, registration, and other related costs.
Relocation assistance includes costs of
shifting; assistance in re-establishing
economic trees; allowance up to a maximum
of 12 months while short-term crops mature.
Cash compensation equivalent to average
amount of the last 03 years market value for

20

Type of loss

Type of impact

Affected
Persons

Compensation/Entitlement/Benefits
the mature and harvested crop, or market
value of the crop for the remaining period of
tenancy/lease agreement, whichever is
greater.
Relocation assistance includes costs of
shifting; assistance in re-establishing
economic trees, allowance up to a maximum
of 12 months while short-term crops mature.
Relocation assistance includes costs of
shifting and allowance.

Residential
Land

Commercial
Land

Land used for


residence
partially
affected, limited
loss and
remaining land
is viable for use
(400m2).

Title holder
Rental/lease
holder

Cash compensation for affected land


Cash compensation equivalent to 10% of
lease/ rental fee for the remaining period of
rental/ lease agreement (written or verbal)

Land and assets Title holder


used for
residence
severely
affected.
Remaining area
insufficient for
continued use or
becomes
smaller than
minimally
accepted under
zoning laws
2
(400m )

Land for land replacement or compensation in


cash according to DPs choice.
Land for land replacement shall be of
minimum plot of acceptable size under the
zoning law (400m2) or a plot of equivalent
size, whichever is larger, in either the
community or a nearby resettlement area with
adequate physical and social infrastructure
systems as well as secured tenure status.

Land used for


business and
partially
affected, limited
loss

Cash compensation for affected land at full


replacement value.
Opportunity cost compensation equivalent to
5% of net annual income based on tax records
for previous year or tax records from
comparable business, or estimates where
such records do not exist.

Title holder/
business
owner

Business
owner is lease
holder

Assets used for


business
severely
affected
If partially
affected, the
remaining
assets become
insufficient for
business

Title holder /
business
owner

When the affected holding is larger than the


relocation plot, cash compensation to cover
the difference in value.
Transfer of the land to the DP shall be free of
taxes, registration, and other costs.
Relocation assistance includes costs of
shifting and allowance.

Opportunity cost compensation equivalent to


10% of net annual income based on tax
records for previous year (or tax records from
comparable business, or estimates where
such records do not exist)
Land for land replacement or compensation in
cash according to DPs choice.
Land for land replacement will be provided in
terms of a new parcel of land of equivalent
size and market potential with a secured
tenure status at an available location that is
acceptable to the DP.
Transfer of the land to the DP shall be free of
taxes, registration, and other costs.

21

Type of loss

Type of impact

Affected
Persons

Compensation/Entitlement/Benefits
Relocation assistance includes costs of
shifting and allowance.
Opportunity cost compensation shall be
equivalent to 02 months net income based on
tax records for previous year (or tax records
from comparable business, or estimates)

Business
owner is lease
holder

Buildings and
structures

Structures are
partially
affected.
Remaining
structures viable
for continued
use

Owner

Structures fully
affected or
partially
affected.
Remaining
structures not
suitable for
continued use

Owner

Rental / lease
holder

Opportunity cost compensation equivalent to


02 months net income based on tax records
for previous year or tax records from
comparable business, or estimates, or the
relocation allowance, whichever is higher.
Relocation assistance equivalent to the costs
of shifting and allowance.
Assistance in rental / lease of alternative land /
property for a maximum of 06 months to
reestablish the business.
Cash compensation for affected building and
other fixed assets.
Cash assistance to cover costs of restoration
of the remaining structure.
Cash compensation for affected assets
(verifiable improvements to the property by the
tenant).
Disturbance compensation equivalent to two
months rental cost.
Cash compensation for entire structure and
other fixed assets without depreciation, or
alternative structure of equal or better size and
quality in an available location that is
acceptable to the PAP.
Right to salvage materials without deduction
from compensation.
Relocation assistance include costs of shifting
and allowance.
Rehabilitation assistance if required such as
assistance with job placement; skills training;
etc.

Rental / lease
holder

Cash compensation for affected assets


(verifiable improvements to the property by the
tenant)
Relocation assistance includes costs of
shifting; allowance equivalent to 04 months
rental costs.
Assistance to help find alternative rental
arrangements.
Rehabilitation assistance if required such as
assistance with job placement, skills training

Squatter /
informal
dweller

Cash compensation for affected structure


without depreciation
Right to salvage materials without deduction
from compensation
Relocation assistance include costs of shifting
and assistance to find alternative secure
accommodation preferably in the community of
residence through involvement of the

22

Type of loss

Type of impact

Affected
Persons

Compensation/Entitlement/Benefits
subproject.
Alternatively, assistance to find
accommodation in rental housing or in a
squatter settlement scheme, if available.
Rehabilitation assistance if required
assistance with job placement, skills training.

Street vendors
who are
informal
without title or
lease to the
stall or shop)

Opportunity cost compensation equivalent to


02 months net income based on tax records
for previous year or tax records from
comparable business, or estimates, or the
relocation allowance, whichever is higher.
Relocation assistance including costs of
shifting and allowance.
Assistance to obtain alternative site to reestablish the business.

Standing crops

Crops affected
by land
acquisition or
temporary
acquisition or
easement

PAPs whether
owner, tenant,
or squatter

Trees

Trees lost

Title holder

Cash compensation based on type, age and


productive value of affected trees plus 10%
premium.

Temporary
Acquisition

Temporary
acquisition

PAPs, whether
owner, tenant,
or squatter

Cash compensation for any assets affected


(e.g. boundary wall demolished, trees
removed).

(iii)

Cash compensation equivalent to average of


last 3 years market value for the mature and
harvested crop.

Valuation of losses:

Methods used for the valuation of losses in Bank funded projects are based on replacement
costs. For this subproject, the losses consist of damages to land, structures and other
assets. The replacement cost of land includes the land value as defined in accordance with
the prevalent market price plus the fee for obtaining a certificate of land use rights. For
affected houses and other structures, the valuation is based on the market price of
construction materials to build a replacement house of equal or better quality and area to that
affected. For works partly or wholly affected by these subproject, the compensation usually
includes the market price of building materials plus costs for transportation, labour and
contractor fees, registration fees and transfer taxes. Asset depreciation and the value of
materials that can be salvaged by PAPs, are not deducted from the compensation.
Description on valulation method

23

4. Institutional Arrangement
The implementation of the compensation, assistance, and resettlement requires the
involvement of agencies at the national, regional, municipal, and ward levels. PMO -RALG
will take general responsibility for the compliance of the provisions in RAP while the Ilala
Municipal Council is responsible for the implementation of this RAP.
4.1

National Level

Ministry of Land, Housing and Human Settlements Development (MLHHSD) is mandated to


administer land and human settlement in Tanzania and shall be responsible for the
followings:

4.2

(i)

Endorsing RAP;

(ii)

Endorsing assessment of compensation payment for land and un-exhausted


improvement therein.

(iii)

Ensuring compensation is paid or resettlement is undertaken as agreed at


approved RAP;

(iv)

Coordinating with PMO-RALG; Ilala Municipal Council; relevant utility agencies


such as TANROAD; ward councils; public interest parties; Government gazette;
and public media to undertake notification and participation in compulsory land
acquisition;

(v)

Coordinate with PMO-RALG; Ilala Municipal Council; relevant TANROAD; Ilala


Municipal Council Resettlement Committee; ward councils; solicitors to
undertake assessment of compensation payment for the dispossessed
households & receipt of complaints.

(vi)

Coordinate with PMO-RALG; Ilala Municipal Council; Ilala Resettlement


Committees; ward councils; solicitors to take possession of property; oversee
demolition and resettlement.

Regional Level

PMO-RALG is the Executing Agency of the DMDP who shall assures overall coordination,
planning, implementation, and reporting for the Project. Once the DMDP Loan Agreement is
signed, a Regional Project Management Unit (RPMU) shall be established by the PMO RALG to assist PMO-RALG in implementing and managing the overal DMDP, including
resettlement activities. RPMU shall have key responsibilities relating RPs implementation as
follows:
(i)

Providing overall planning, coordination, and supervision of the RPs


implementation;

(ii)

Coordinating with MLHHSD to provide guidance and supports to Ilala MC; Ilala
Project Management Unit (PMU); Ilala resettlement committee (MRC) to
implement the RAP in accordance with the RPF and RAP; and advising Ilala
MC to resolve timely and successfully any mistakes or shortcomings identified
through internal and/or external monitoring of RAP implementation to ensure
that objectives of RAP are met;

(iii)

Finalizing RAP and obtaining MLHHSD and Ilala MC and WB's approval before
RAP implementation;

(iv)

Providing resettlement training to implementing agencies, all relevant RPMU


and MRC staff;

(v)

Coordinating with other implementation agencies and relevant institutions


during periods of preparation, planning and implementation of RAP;
24

(vi)

Establishing a database of PAPs for each subproject, as well as for the Project
as a whole;

(vii) Establishing procedures for ongoing internal monitoring and review of Project
level progress reports and for tracking compliance to project policies;
(viii) Establishing procedures for monitoring coordination between contractors and
local communities and for ensuring prompt identification and compensation for
impacts occurring during construction;

4.3

(ix)

Recruiting, supervising, and acting upon the recommendations of the external


monitoring organization;

(x)

Establishing procedures for the prompt implementation of corrective actions and


the resolution of grievances;

(xi)

Reporting periodically on resettlement implementation progress to the WB.

Municipal level

Ilala Municipal Council (Ilala MC) is responsible for implementation and management of
subprojects, including resettlement activities within its administrative jurisdiction as below:
(i)

Approving final RAP and submit RAP to MLHHSD for endorsement;

(ii)

Conducting notification and participation to PAPs on land acquisition and RAP


implementation;

(iii)

Coordinate with MLHHSD; utility agencies; land occupiers and local leaders to
assess compensation payment for land and un-exhausted improvements
therein;

(iv)

Issuing decisions approving land valuations applied for compensation rates,


allowances and other supports to PAPs, especially vulnerable groups, based on
principles of the RAP;

(v)

Approving budget allocation for compensation, support and resettlement;

(vi)

Directing and supervising municipal relevant divisions to implement RP


effectively.

(vii) Directing the redress and grievance committee and relevant agencies to settle
PAPs complaints, grievances related to compensation, assistance and
resettlement according to their law-prescribed competence;
(viii) Directing the relevant agencies to examine and handle the violations in the
compensation, assistance, and resettlement domain.
Ilala Municipal Project Management Units (Ilala MPMU) will be established by Ilala MC to
directly support Ilala MC to implement and manage all subprojects within the Ilala Municipal,
including resettlement activities as belows:
(i)

Coordinate with Ilala MRC in updating, implementing and supervising RAP


implementation;

(ii)

Guiding Ilala MRC and relevant agencies to implement all resettlement activities
in compliance with the approved RAP; and resolving any mistakes or
shortcomings identified by internal monitoring to ensure that objectives of the
RAP; and otherwise, to provide appropriate technical, financial and equipment
supports to Ilala MRC and valuation surveyors.

(iii)

Conducting, in combination with Ilala MRC; ward councils and NGOs, CBOs to
conduct information campaigns and stakeholder consultations in accordance
with the Project guidelines;

(iv)

Coordinating with other line agencies to ensure delivery of restoration and


rehabilitation measures to PAPs;
25

(v)

Implementing internal resettlement monitoring, establishing and maintaining


PAPs databases for each subproject in accordance with Project procedures and
providing regular reports to RPMU;

(vi)

Implementing prompt corrective actions in response to internal monitoring.

(vii) Receiving land hand-over and delivering land to the construction companies.
(viii) Periodically reporting to the PMO-RALG and WB on resettlement activities;
Ilala Municipal Resettlement Committee (MRC) will support the Ilala MC in organizing and
implementing the compensation, assistance, and resettlement. Ilala MRC shall be
established by Ilala MC and shall have the following assignments:
(i)

Together with members of the mission teams established for each project,
ensure the accuracy and legality of compensation, assistance, and resettlement
beneficiaries sources of the land, inventory data, and legality of assets
associated with the affected land that may or may not be eligible for
compensation or support.

(ii)

Solving petitions of compensation and assistance beneficiaries relating to the


compensation, assistance and resettlement plans, and report to the district city
the cases out of their competence.

(iii)

Giving instructions to the employer and local governments to implement


payment for compensation, assistance, and resettlement.

(iv)

Monitor and report on regular basic the RP implementation to MCs, PMUs and
relevant agencies.

(v)

Implement public disclose, public consultation and participation

(vi)

Make payment (compensation, allowance, etc.) to PAPs

(vii) Keep record of document, material relating to RP implementation.


(viii) Coordinate with valuers to value land, assets, etc. of PAPs
Ilala Municipal Redress and Grievance Committee: will support PMO-RAGL, Ilala Municipal
Council, and ward offices as well as the PAPs in settling relevant disputes.
Subprojects Ward Councils: will assist the Ilala MRC in their resettlement tasks. Specifically,
the Ward Councils will be responsible for the following:
(i)

In co-operation with Ilala MRC and local mass organization to inform PAPs
about the objectives for land acquisition, and the subproject policy of
compensation, assistance and resettlement.

(ii)

Coordinating with agencies in charge of compensation, assistance, and


resettlement implementation to guide PAPs in enumerating and certifying their
inventory of land and assets associated with land.

(iii)

Preparing and taking responsibility for the accuracy of the copies of documents
concerning land sources, family members, registered members, beneficiaries of
social policies, and proposals for resettlement of PAPs.

(iv)

In coordination with Ilala MRC and Ilala PMUs implementing payment of


compensation, assistance and resettlement for PAPs and ensuring good
conditions for the Project's site clearance.

(v)

Assist in the resolution of grievances; and actively participate in all resettlement


activities and concerns.

Non-Government Organizations (NGOs) and Community Based Organization (CBOs): will


assist Ilala MC; Ilala MRC; Ward Councils and IMC to implement the followings:
(i)

Participating in preparation: updating and implementation of RAP.


26

(ii)

Witnessing the fairness and appropriate of the whole process of RAP


implementation;

(iii)

Supporting Ilala MRC; ward councils in activities including public consultation,


and participation; handling PAPs' complains; etc.

Institutional arrangement for the implementation of RP is shown in Figure 4.1 belows:

Ministry of Land
Housing & Human
Settlement
Development

PMO-RALG

World Bank

Regional Project
Mgnt. Unit (DMDP)
Independent Monitoring
Specialists
Ilala Municipal
Council
Project Mgnt. Unit

Internal Monitoring
Consultant

Valuers

Municipal

Municipal Redress
& Grievance

Resettlement
Committee

Committee

Ward Councils
Affected Persons

NGOs

NGOPs

Figure 4.1: Institutional Arrangement for RPs implementation (DMDP)

4.4

Income Restoration Program

No income restoration programme is planned.

27

5.

Implementation Schedule

The implementation schedule for resettlement activities for the Subproject is presented in the
following table including (i) activities that have been completed to prepare the REMDP; (ii)
resettlement implementation activities; and, (iii) external monitoring activities
Table 5.1: Indicative Schedule of Resettlement and Compensation Activities
No

Main Resettlement Plan Activities

Implementation
Schedule

Preparation of Resettlement Plan

RAP Preparation (census, socio-economic study, consultation,


replacement cost study)

September 2013

Disclosure of Draft RAP to PAPs

September 2014

PMO-RALG submit final RAP to WB for review and concurrence

August 2014

Uploading final RAP on WB website

August 2014

II

Updating Resettlement Plan

Establishment of the Ilala Municipal Resettlment Committee

Land clearance/boundary setting for the subprojects

Training for resettlement staff.

September 2014

Consultation with the PAPs/PAHs

September 2013January 2014

8
9
10

July 2014
October 2014

Conduct valuation survey by a qualified valuer

Jan-June 2014

Detailed Measurement Survey

July 2013-Jan
2014

11

Disclosure Updated RAP to the PAPs

September 2014

12

Submission of Updated RAP to WB for review and concurrence

13

WB issues concurrence on Updated RAP

14

Award of Civil Works Contract

III

Implement Updated RAP

15

Compensation payments

16

Settlement of disputes

December 2014

17

Clearance of acquired land

February 2015

18

Ilala MRC to issue confirmation letter on RAP completion

January 2015

19

Ilala MC/Kinondoni PMU issue Notice of Site Possession to contractors

February 2015

20

Monitoring and evaulation

IV

Start civil works activities

August 2014
July 2014
January 2015

October 2014

Xxx

28

6.

Cost and Budget

The budget for resettlement will be funded by PMO-RALG through the Local Authority budget
allocated sufficiently and timely based on schedule of sub-project resettlement
implementation.
Revised Total estimated direct compensation costs of the affected properties is
TShs6,682,962,673.00/= as indicated on Table 6.1 below, the same is equivalent to 3,065,579.22
USD (i.e. 1 USD = 2180 TShs.).

Table 6.1: Reviced Valuation Summary


SN

WARD

No. OF
PROPERTIES

TOTAL FAIR COMPENSATION


(T.SHS)

KIWALANI

209

2,277,100,716.98

UKONGA

461

2,523,505,923.56

GONGO LA MBOTO

180

1,404,894,032.45

KIMANGA

54

477,462,000.00

904

6,682,962,673.00

GRAND TOTAL

29

7.
7.1

Participation and Consultation

Information Disclosure

In compliance with the WB requirements, the RPMU will assist the Ilala MRC to publicly
disseminate the final RAP as approved by the Ilala Municipal and WB. The subproject
information booklet shall be made available in English.
PAPs are notified in advance about resettlement activities, including: (i) community meetings
about the scope of the subprojects, work alignment plans, site clearance plan and
construction plan, (ii) detailed measurement and survey results, (iii) lists of eligible PAPs and
their entitlements, (iv) compensation rates and amounts, (v) payment of compensation and
other assistances, and (vi) other contents such as the complaint mechanism. Notices are
posted in the ward offices or other easily accessible locations; letters, notices or small
brochures are delivered individually to PAPs; and radio announcements.
This RAP will be uploaded in WB websites in English and disclosed to the PAPs and
community through ward/subward meetings. The staff of Ilala MC and mass organizations
disseminate the information to the PAPs through loud speakers and other oral
communication mean as well as in public meetings. In the table below, the different public
consultation meetings pursued and planned and their description and methodology are listed.
7.2

Public Consultation and Participation

Public consultations and community participation is encouraged in all the subproject cycle,
including planning, designing, implementing, and monitoring. The objective of the public
consultation and participation is to develop and maintain avenues of communication between
the Project, stakeholders and PAPs in order to ensure that their views and concerns are
incorporated into the subroject preparation and implementation with the objectives of
reducing or offsetting negative impacts and enhancing benefits from the subproject. The
feedback from consultations is an important component of, and crucial methodology of the
planning process, leading to the formulation of mitigation measures and compensation plans
for project affected communities, and for environmental mitigation measures.
The aims of Public Consultation and Participation are to:
(i)

Provide full and impartial information to affected people about the Subproject, its
activities, and potential impacts that affect them, and to provide an opportunity for their
feedback on the Subproject;

(ii)

Explore a range of options for minimizing subproject negative impacts, and for those
impacts that cannot be avoided, explore the range of options for, and ensure APs
participate in the design of mitigation measures;

(iii)

Gather information about the needs and priorities of affected people as well as their
feedback on proposed resettlement and compensation policies, options and activities;

(iv)

Obtain the co-operation, participation and feedback of affected people on activities to be


undertaken in resettlement planning and implementation, in particular on the location for
resettlement, planning and design of housing (if necessary), land and community
facilities, and the development and implementation of the livelihood program to affect
livelihood restoration and development;

(v)

Provide a mechanism for continued dialogue, raising of concerns and monitoring of


implementation;

(vi)

Exploring options for the co-management of natural resources through participatory


approaches aimed at sustainable use and conservation.

(vii)

Method of consultation and participation has to ensure two-way exchange of information


between the community, people and affected groups by a consultation method in
30

accordance with the traditional cultural of the locality, taking into account gender issues,
social justice and the principle of equality.

7.2.1

Consultation and participation during the IUUS preparation

Objectives. The objective of the consultation meetings with the 11 communes in November
2013 is to provide information, as much as possible, of the sub-project to the affected people,
discuss and gather their comments on project issues, specifically
(i)
(ii)
(iii)
(iv)
(v)

subproject description: location, size and scope of impacts


presentation and discussion with affected households on the subprojects policies, those
eligible for compensation and resettlement assistance.
presentation and discussion with affected households on the subproject implementation
plan;
presentation and discussion with affected people on the grievance redress mechanism;
presentation and discussion with the affected people on issues related to ethnic
minorities, gender, restore income, livelihood and other support policies.

Method. The method used in the consultation process with affected people by the subproject
complies with the two-way exchange of information between the community and advisory
groups. It will promote the neutrality to ensure and encourage participation of the affected
people. There is a mechanism to provide feedback on the peoples opinions, perceive all the
reasonable ideas, and give reasons to those opinions that are not relevant.
Organize consultation meeting in three wards with participants including the affected
households, representatives of beneficiaries, resettlement specialists, gender specialists and
representatives of NGOs/CBOs. Contents to be consulted include:
(i)

Meetings with the affected people including men and women to disseminate general
information and discuss on issues of resettlement and environmental impacts as well as
mitigation measures.

(ii)

Detailed interviews on topics of resettlement procedures,valuation and regulations on


RAP

(iii)

The participation of local authorities (Ilala MC, wards of Kiwalani, Ukonga, Gongo la
Mboto) to explain and understand the issues raised by local residents.

Resettlement Consultant has held a consultation meeting with PAPs in each affected wards
by the sub-projects in Ilala Municipality. The list of participants is given on Annex 7.1. The
results of the consultation meetings are tabulated below:
Table 7.1: The Key Issues Discussed During the Consultation Meetings
Consultation
Location: KIWALANI
Date:
24/11/2013
Attendance:
150 people

Location: MONGO LA
NDEGE

Key Issues Discussed

Road accidents will increase therefore safety of the road should highly
be considered;

Resettlement of properties and the valuation process should be clear


to the PAPs

Impact on child labour, children should not be allowed to work in the


project.

Their norms and traditions will be affected as there will be more


interactions.

The road width should be marked so as to prevent encroaching the


road reserve.

Positive impacts such as employment, trade, transport will increase as


well.

Compensation process should be done properly following all the laws


and regulations.
Criteria for the eligibility for compensation should be explained to the
31

Consultation
Date:

PAPs.

25/11/2013

Attendance:

89 people

Location: MARKAZ
Date:

Key Issues Discussed

Compensation of community assets and the form


compensation should be open to the community as well.

Mitigation of negative impacts to reduce the severity of the impacts.

26/11/2013

Attendance:

130 people:

of

their

Project Impacts: positive impacts-access to health facilities, efficient


transport, access to markets, these and more will result from
upgrading the Infrastructures

Compensation (including of community assets), mode and timing of


payment.

Negative impacts: transmission of diseases; population growth, land


shortage and conflict; child labor and accidents

The road should be up to standards.

Location; MWEMBE
MADAFU

Compensation process should be done properly following all the laws


and regulations.

Date 27/11/2013

Criteria for the eligibility for compensation should be explained to the


PAPs.

Attendance: 205

Compensation of community assets and the form


compensation should be open to the community as well.

Mitigation of negative impacts to reduce the severity of the impacts.

of their

Location; GONGO LA
MBOTO

Compensation process should be done properly following all the laws


and regulations.

Date 28/11/2013

Criteria for the eligibility for compensation should be explained to the


PAPs.

Attendance: 220

Compensation of community assets and the form


compensation should be open to the community as well.

Mitigation of negative impacts to reduce the severity of the impacts.

of their

Location; GULUKA
KWALALA & ULONGONI

Compensation process should be done properly following all the laws


and regulations.

Date 29/11/2013

Criteria for the eligibility for compensation should be explained to the


PAPs.

Attendance: 350

Compensation of community assets and the form


compensation should be open to the community as well.

Mitigation of negative impacts to reduce the severity of the impacts.

of their

Source: UWP-SAI, (November 2013)

7.2.2

Consultation and Participation mechanisms during implementation of RAP

Public consultation and participation of community is encouraged throughout the subproject


cycle. In implementation phase, Ilala MPMU in combination with Ilala MRC and ward offices
is responsible for dissemination of subproject information translated into local languages (if
necessary) using various media such as organizing seminars, presentations, and public
meetings where subproject affected people and beneficiaries are invited. Ilala MPMU will
distribute the PIB and other documents of the subproject to affected people. Participants are
freely to give feedbacks after they knew about the subprojects. They can comment about the
technical parameters and subproject impacts of different alternatives, and about resettlement
and compensation measure of the subprojects.

32

All the community has rights to monitor not only the construction of the project but also the
implementation of the RAP (see Chapter nine Monitoring and Evaluation), and some of them
may join the Community Monitoring Board of the wards to monitor the implementation
process. They can make grievance if they find any illegal actions or things they disagree as
specified this RAP

33

8.

Redress and Grievance Mechanism

The Land Disputes Settlement Act, 2002, elaborates land disputes settlement in Mainland
Tanzania where the judicial organs for land dispute resolution are as belows:
(i)

Village Land Council

(ii)

Ward Tribunal

(iii)

District Land and Housing Tribunal

(iv)

High Court (Land Division)

(v)

Court of Appeal of Tanzania.

Village Land Council is empowered under Section 7 of the Act to:


(i)

Receive complaints from parties in respect of land;

(ii)

Convene meetings for hearing of disputes from parties;

(iii)

Mediate between and assist parties to arrive at a mutually acceptable


settlement of disputes on any matter concerning land within its area of
jurisdiction.

Ward Tribunal receives appeals and references from the Village Land Council. Under
Section 13 (3) of the Act, when carrying out mediation, it is required to take consideration of:
(i)

Any customary principles of mediation;

(ii)

Natural justice in so far as any customary principles of mediation do not apply;

(iii)

Any principles and practices of mediation in which members have received


training.

Under the sub-projects all PAPs are entitled to and should be supported to solve their
queries, complaints and grievances concerning the subproject implementation including but
not limited to: (i) entitlements to compensation; (ii) compensation policy; (iii) unit prices; (iii)
land acquisition; (iv) resettlement and other entitlements related to the recovery support
programs. Complaints and grievances also concern issues related to construction safety and
nuisances caused by construction. Grievances will be handled through negotiation aimed at
achieving consensus. Complaints will pass through 03 stages before they could be elevated
to a court of law as a last resort. The complainants will be exempted from all administrative
and legal fees that might be incurred in the resolution of their grievances and complaints.
Stage 1: An aggrieved PAPs may bring his/her complaint to any member of the Ward
Council, in writing or verbally. It is incumbent upon said member of Ward Council to notify the
Ward Council about the complaint. The Ward Council will meet personally with the aggrieved
PAPs and will have 03 days following the lodging of the complaint to register it. The Ward
Council secretariat is responsible for documenting and keeping file of all complaints that it
handles. Time limit for handling complaints for the first time not exceeding 15 days from the
date of registration. If the complainants do not agree with the settlement decisions, they may
initiate a lawsuit court or complain to the Ilala Municipal Council.
Stage 2: If persons with related interests and obligations disagree with those administrative
decisions or administrative acts, they may file complaint to the Ilala Municipal Council, the
Ilala Municipal Councilor shall handle the complaint within 30 days and decisions of the
Municipal Councilor shall be made public and sent to the complainant and other persons with
related interests and obligations. Within (05) days from the date of receipt of settle ment
decisions of the Municipal Councilor that the complainant does not agree with the settlement
34

decision, they may initiate a lawsuit court or complain to the PMO-RALG. Division receiving
the complaint shall be responsible for recording the entire track of settling complaints.
Stage 3: If persons with related interests and obligations disagree with the administrative
decisions or administrative acts of the Ilala Municipal Councilor, they may file a complaint to
the PMO-RALG. Chairman of the PMO-RALG shall resolve the complaint within 45 days.
Complaint settlement decisions of the PMO-RALG shall be made public and sent to the
complainant and other persons with related interests and obligations. Within five (05) days
from the date of receipt of settlement decisions of the PMO-RALG that the complainants do
not agree with the settlement decision, they may sue in Court. Division receiving the
complaint shall be responsible for recording the entire track of settling complaints.

35

9.
9.1

Monitoring and Evaluation

Monitoring and Reporting

The objective of monitoring is to provide the World Bank, PMO-RALG, Ilala MC and relevant
stakeholders with feedback on RAP implementation and to identify problems and successes
as early as possible to allow timely adjustment of implementation arrangements. Areas
relating to the effectiveness of RAP implementation, include the physical progress of
resettlement and rehabilitation activities, the disbursement of compensation, the
effectiveness of public consultation and participation activities, and the sustainability of
income restoration and development efforts among affected communities should be
monitored and reported internally by Ilala PMU and externally by qualified specialists, and
integrated into the overall subroject management process.
9.2

Internal Monitoring

The Ilala PMU is directly responsible for internal monitoring of RAP implementation. In
particular, the Ilala MC with the assistance from the assigned internal monitoring specialist
(IMS) will supervise and manage the monitoring of resettlement activities and implementation
arrangements.
The Ilala PMU will provide quarterly reports to PMO-RAGL, Ilala MC, and World Bank. The
Ilala PMU will ensure that the reports of the IMS included in their progress reports, the status
of the RAP implementations, information on locations and numbers of affected people,
compensation amounts paid by item, and assistance provided to PAPs.
The range of activities and issues that need to be recorded and verified, include:
-

Compensation, allowance payments and delivery of assistance measures;

Reestablishment of PAPs settlements and business enterprises;

Reaction of PAPs, in particular, to resettlement and compensation packages; and

Reestablishment of income levels.


a.

Internal Monitoring Indicators

The principal indicators for internal monitoring of resettlement activities include the following,
conducted by the IMS:
-

Timely and complete disbursement of compensation to PAPs according to the


compensation policy agreed in the RAP;

Timely and complete delivery of relocation, income restoration and rehabilitation


allowances and measures;

Allocation of replacement land and development of individual and/or group


resettlement sites and infrastructure;

Public information dissemination and consultation procedures;

Adherence to grievance procedures and identification of outstanding issues that


require further attention and resolution;

Attention given to the priorities of PAPs regarding the options offered; and

Completion of resettlement activities required before the award of civil works


contracts.

36

b.

Internal Monitoring Data Collection and Report

The Ilala PMU will establish databases for resettlement monitoring data. It will establish
procedures for the collection of data on a monthly basis, and update the database.
On a quarterly basis, the Ilala PMU will prepare a resettlement monitoring report and submit
to the RPMU who will then consolidate all internal monitoring reports and quarterly
verification external reports and submits to World Bank. The PMO-RALG will notify World
Bank of approval by the Ilala MC of any changes, as required, to the implementation of the
RAP. The scopes of the report will include:

9.3

(i)

The number of PAPs by category of impact, wards and sub-ward, and the
status of compensation payments, relocation of PAPs and income restoration
measures for each category.

(ii)

The status of disbursement of cash and allocation of replacement land and


housing.

(iii)

The amount of funds allocated and disbursed for: a) resettlement program


operations; and b) compensation, assistance, and resettlement activities.

(iv)

The activities, levels of participation, outcomes, and issues of the Information


Dissemination and Consultation Program.

(v)

The status and outcomes of complaints and grievances and any outstanding
issues requiring further attention by Ilala MC, PMO-RALG or World Bank
assistance.

(vi)

Implementation problems, including delays, lack of personnel or capacity,


insufficient funds, etc. and proposed remedial measures; and, revised
resettlement implementation schedule.

Independent Monitoring Consultant

The main aim of external monitoring is to verify results of internal monitoring. In addition, the
subproject will establish a program for external monitoring and evaluation that includes the
following specific objectives:
(i)

To verify that the RAP have been implemented in an accurate and timely
manner, in accordance with the approved RP and Project policies and
objectives.

(ii)

To assess whether and to what degree the RAP have achieved the Project
objectives, namely that PAPs are able to restore their livelihoods, incomes and
standards of living to levels equal to, if not better than that before the
subproject.

(iii)

To identify problems or potential problems and methods of mitigating problems


in a timely manner.

IMC will be recruited by the RPMU and commence work prior to the DMS. The IMC will
continue to carry out quarterly independent reviews of the implementation of RP to determine
whether intended goals are being achieved, and if not, what corrective actions are needed.
a.

External Monitoring Objectives, Indicators and Issues

The general objective of external monitoring is to provide an independent periodic review and
assessment of: (i) the achievement of resettlement objectives; (ii) changes in living standards
and livelihoods; (iii) the restoration of the economic and social conditions of PAPs; (iv) the
effectiveness, impact and sustainability of assistance measures; (v) the need for further
mitigation measures, if any; and, (vi) to identify strategic lessons for future policy formulation
and planning. The indicators to be included in the external monitoring of the RAP are as
belows. The IMC will address specific issues including the following:

37

(i)

Payment of compensation, against the following criteria: (i) compensation in


cash or in kind sufficient to replace affected land, crops and trees; (ii)
compensation for structures equivalent to replacement costs at current market
prices for materials, materials transport and labor, with no deduction for
depreciation or the value of salvageable materials; and, (iii) payment in full prior
to land acquisition and with sufficient time to permit PAPs to rebuild structures
and/or harvest crops.

(ii)

Coordination of resettlement activities with the construction schedule: All


compensation must be paid in full, income rehabilitation measures initiated and
PAPs relocated out of the sub-project construction areas prior to award of civil
work contracts. Income rehabilitation activities, while initiated prior to award of
civil contracts, may continue over a longer time period as needed.

(iii)

Provision of technical assistance: for house construction for PAPs who are
required to rebuild their houses, either on remaining land, on individual
resettlement sites or on a plot in a group resettlement sites.

(iv)

Extent to which PAPs are able to restore livelihoods and living standards: The
provision of technical assistance, allowances and other measures, and to what
extent PAPs are able to restore livelihoods and living standards to pre-project
levels. Special attention should be given to: (i) severely affected PAPs and
other vulnerable PAPs groups, (ii) PAPs that relocate; (iii) PAPs that must re establish businesses and enterprises; (iv) PAPs who undertake new economic
and livelihood activities; and (v) host communities.

(v)

Public consultation and awareness of resettlement policies: The IMC should


monitor RP implementations to ensure that: (i) all PAPs are fully informed and
consulted about land acquisition, leasing and relocation activities; and (ii) all
PAPs and stakeholders are aware of the compensation and entitlement policies
and various options available to PAPs as provided in the agreed RP. The IMC
should participate in at least one meeting per municipal of each stage of
consultation and information dissemination activities to monitor public
consultation procedures, problems and issues that arise during the meetings
and solutions proposed.

(vi)

Level of satisfaction of PAPs with the provisions and implementation of the RP:
This will be assessed, reviewed and recorded by IMC, including the efficiency
and equity of grievance redress mechanisms.

(vii) Trends in living standards: Throughout the RP implementation process, the IMC
will observe and conduct surveys to monitor the progress PAPs are making to
restore living standards. Special attention will be paid to any differences based
on gender, ethnicity or other relevant factors. Any potential problems in the
restoration of living standards will be reported.
b.

External Monitoring Methodologies

The methods for external monitoring and evaluation of land acquisition, compensation and
resettlement activities include:
(i)

Detailed Measurement Survey (DMS) and Replacement Cost Survey (RCS):


The DMS and RCS data will be entered into a database to document: (i)) socioeconomic status of PAPs; (ii) nature and extent of losses; and (iii) entitlements
for compensation and other assistance. The resulting data will be made
available to the IMC, to establish a baseline for monitoring and evaluating
project benefits.

(ii)

Socio-Economic Survey (SES): The SES is designed to provide a clear


comparison of the success and/or failure of the RP to restore their livelihoods
and living standards. In general, if there is a significant lag time between census
and SES and actual land acquisition, demographic and socio-economic factors
38

may change significantly. For this sub-project, if land acquisition does not occur
for at least two (02) years after the original SES, the IMC will carry out another
SES. A post resettlement survey will also be undertaken within 612 months
following completion of resettlement activities. Each time the SES is conducted,
the same PAPs will be interviewed. Special attention shall be paid to the
inclusion of women, poor, landless and other vulnerable groups, with set
questions for women and other target groups. The database will disaggregate
information by gender, geography and social group.
(iii)

Participatory rapid appraisals (PRA) methods: In the intervals between


administrations of the SES, periodic PRA methods permit the EMC to consult
with various stakeholders such as local authorities, resettlement committees,
implementing agencies, NGOs, community leaders and PAPs. PRA methods
will involve obtaining information, identifying problems and finding solutions
through participatory means including: (i) key informant interviews with local
leaders, NGOs and resettlement committees; (ii) FGDs on specific topics such
as compensation payment, income restoration and relocation; (iii) community
public meetings to discuss community losses, integration of resettled PAPs in
host communities or construction work employment; (iv) structure direct field
observations, for example, of resettlement site development; (v) formal and
informal interviews with PAPs, women, other vulnerable groups and host
communities; and, (vi) in-depth case studies of problems as identified by
internal or external monitoring and required special efforts to resolve.
c.

Database Management and Storage

The IMC will maintain computerized resettlement databases that will be updated every three
months. They will contain files on each AH and will be updated based on information
collected in successive rounds of data collection. All monitoring databases will be fully
accessible to RPMU, PMU, and the World Bank.
d.

Reporting

Every three months, the IMC will submit an external monitoring report to the RPMU. The
report should summarize the findings of the IMC, including: (i) progress of RP updating and
implementation, including any deviations from the provisions of the RP; (ii) identification of
problem issues and recommended solutions so that implementing agencies are informed
about the ongoing situation and can resolve problems in a timely manner; (iii) identification of
specific issues related to vulnerable PAPs, as relevant; and, (iv) a report on progress of the
follow-up of issues and problems identified in the previous report.
The monitoring reports will be discussed in a meeting between the IMC, RPMU and MPMU
after submission of the reports. Necessary remedial actions will be taken and documented by
relevant parties.

39

ANNEXTURES

ANNEX 2.1
SOCIO-ECONOMIC DATA SURVEY QUESTIONNAIRE

DAR ES SALAAM METROPOLITAN DEVELOPMENT PROJECT


SUB PROJECT OF INFRASTRUCTURE UPGRADING IN UNPLANNED
SETTLEMENTS

SOCIO-ECONOMIC DATA SURVEY QUESTIONNAIRE

Sub Ward _____________________ Ward ______________________ Division


_____________

District _____________________ Region __________________________________________

Name of Enumerator __________________________________________________________

Date: _____________________ Time start ___________________ Time end _____________

Checked by: __________________________________________________________________

GENERAL
1. The respondent of the interview is:
Head of household (man)
Head of household (woman)
Wife of household
Son of head of household
Daughter of head of household
Father of the head of household
Mother of the head of household
Worker/labourer
Other (specify)

2. How many people in the household have been educated to the following levels:
Number
No education/ no response
Primary school
Secondary school
Further education
Other (specify)
3. What is the households single main occupation / economic activity?
No answer/dont know/not sure
Livestock production
Crop production
Livestock/crop (not able to separate)
Trade/privates
Other (specify)
4. How much do you spend on the following items:
Item
Rent
Food consumed
School/college fees
Medical expenses
Telephone
Transport
Water
Electricity
Send money to family elsewhere

Amount per
month

As percent of
monthly expenditure

5. How many of the following assets are owned by your household:

Assets

Number

Estimated Current
Value Tshs

House
Cart
Hoe
Motorcycle
Boat
Bicycle
Ploughs
Tractor
Sewing Machine
Land (acres/hectares)
Refrigerator
Generator
Trolley
Kerosene Stove
Radio
Water tank
Furniture (tables, chairs, beds)
Improved charcoal stove

HOUSEHOLD MOVEMENT
6. Were you born here?
Yes
No
7. Did the household migrate here from another area to this place?
Yes
No
8. If yes, in which year did you migrate?

(Note year and work out number of years)

Year: 19 ________ Total years

9. If yes where were you living before?


Division ______________________

Ward _________________________
Sub Ward ________________________
10. Why did you move / settle here?
Dont know/dont remember/no response
Overcrowding where respondent used to be
Land easy to obtain here
Joined settlement scheme
More water here
Better infrastructure and facilities (e.g. shops, markets, etc)
Came to join relative/friends
Better climate
Other (specify)

Household members includes any persons who share the same food /fire /
cooking.
11. Number of people who live in this household (DO NOT include children away at
boarding school, nor those working elsewhere elsewhere, but DO INCLUDE those
who may be away visiting but who normally live here)
N.B. Adults = 15 years and above
Children = 14 years and below

MALE

NUMBER
FEMALE

Family member: Adults


Family members: Children
Non-family: Adults
Non-family: Children
12. How many family members are living away from here?
(List only those who are away because of school, employment, etc.
do not include married daughters)
MALE FEMALE
TOTAL NUMBER

WATER RIGHTS AND USAGE PATTERNS


13. Where does the household obtain its water for domestic use:
Wet Season

Dry Season

Wet Season

Dry Season

River/Stream
Spring
Dam/Swamp/Pond/Charcos
Shallow well
Borehole
Piped System
Roof catchment
Other
Other (specify)

14. How far is the source from the household?

0-1 km
1-2 km
2-5 km
5-10 km
>10 km
15. How long does it take to get there and back? (Including time for queuing and
collection)

Wet Season
0- hr
- 1 hrs
1-2 hrs
2-5 hrs
> 5 hrs
16. Are different sources used for different purposes?
Yes
No

17. Are any existing water sources not used?


Yes
No

Dry Season

18. If Yes, why?


Dont know/ no response
Water does not taste good
Source is unreliable
They are dirty/contaminated/ too salty
Other (specify)
CODE
19. Who is responsible for collecting the water?
(Tick all responses as applicable)
Adult women
Adult men
Teenage girls
Teenage boys
Children
Labourers

20. How much water is collected each trip?


Amount
Jerry cans (20 L)
Drums (200 L)

Wet Season

Dry Season

Recorder:
Calculate total water collected in litres

Wet Season

Dry Season

21. What means of transport is used to bring the water home?


Carried by hand, head or on back
Donkey/oxcarts
Handcarts/ tractors
Bicycle
Other (specify)

22. Who is responsible for the upkeep of those sources, and the immediate surrounding
areas?

23. In order of priority to the household, what are the uses of water (i.e. list the order in
which answers are given by respondent)
Domestic (drinking, cooking, bathing, washing)
Livestock
Irrigation
Other (specify)
24. What are the households major problems concerning water?
(tick as many as they mention)
No enough/ no water available
Takes too long to collect (source far away)
Too many people using same source
Water is contaminated/ dirty
Other (specify)

COMMUNITY PARTICIPATION AND WILLINGNESS TO PARTICIPATE


25. Are you willing to contribute towards the project?
Yes
No
26. If YES, in what way
In cash
In kind
In labour
By giving time
Other (specify)
27. Have you ever contributed to any type of project before?

Yes
No

28. If YES, in what ways:


In cash
In kind
In labour
By giving time
Other (specify)

29. What benefits do you think project will bring?


Dont know/ no response
Can cultivate / irrigation farms
Encourage small scale industry/ enterprise
Clean water/ better health
Save time
Save energy
Other (specify)
30. Are there any Community Based Organisations and/ or Women Groups?
Yes
No
For what purpose?

31. Are women allowed to participate in water projects?


Yes
No
32. If yes, in what ways
No response/ no reason/ dont know
Contribute cash
Contribute labour
Leadership/ managerial tasks
Other (specify)

33. If no, why not:


No response/ no reason/ dont know
Not their business to o get involved
They have too many other things to do
Taboo
Not permitted by tradition
Other (specify)

34. What ideas or suggestions do you think would help the sub ward to manage its water
supply:
Dont know/ no response
Provide training
Provide money

Provide skilled staff


Other (specify)
HEALTH, HYGIENE AND HEALTH EDUCATION
35. What diseases are the most common diseases suffered in you household?
Dont know/ no response
Malaria
Stomach problems/diarrhoea
Skin diseases
Eye infractions
Flu, colds, coughs
TB
Toothache
Vomiting
Worms
Blood in urine
Fever
Accidents (wounds, broken bones)
Other (specify)

36. What do you do to treat the illness / disease?


Dont know/ no response
Medicines, tablets etc from shops
Local medicines, herbs, etc
Go to clinic/ hospital
Go to herbalist/ witch doctor
Other (specify)

37. What type of latrine does the household have?


Flush toilet- working
Flush toilet not working
Pit latrine- working and in use
Pit latrine- abandoned, not in use
No toilet in house or compound

38. If the household do not have a latrine, where do people go?


Indiscriminate (in the garden/ bush)
Public toilets
Neighbours, hotels, etc
Others (specify)

39. Are there any taboos about using latrines?


Yes
No
If YES, which ones (mention)?
___________________________________________

40. What are the problems with using latrines?


No access/ inconvenient access
Mosquito/ fly ridden
Taboo
Lack of privacy
Smell
Safety
Others (specify)
41. Where is wastewater disposed of?
No response/ dont know
Thrown out the door and window
Given to livestock or chickens
Others (specify)
42. Who are particularly at risk male or female in your sub ward? (Mention)

43. What do your sub ward health workers get?


Training
Seminars
Others (specify)

44. What do the sub ward craftsmen get?


Training
Seminars
Others (specify)
45. Are there any social cultural aspects that hinder the functioning/development of your
village activities?
Yes
No

LIVESTOCK

46. Do you have any livestock?


Yes
No

47. State the actual number of animals owned by the family


None
Cattle
Goats
Sheep
Donkeys
Chickens
Others (specify)

48. Where do the animals get their water in the wet and dry seasons?
Wet Season

Dry Season

Wet Season

Dry Season

River/ stream
Spring
Dam /swamp/pond/charcos
Swallow well
Others (specify)

49. When do livestock return to the household?

Every night
Every other night
Once a week
Once a month
Others (specify)

50. Who in the household is responsible for watering the animals?


Not applicable/ no livestock
Anyone in the household
Adult women
Teenage boys
Teenage girls
Children

Hired help
Others (specify)

51. Who in the household makes the decisions when to sell livestock?

Not applicable/ no livestock


Head of household
Wife of head of household
Husband and wife
Man
Women
Family together

FARMS
52. Does the household have a farm?
Yes
No

53. If yes, what is the total area of your land?


Acres/ Hectares

54. What are the quantities of the crops grown?


Crops
Green Vegetables
Tomatoes
Maize
Beans
Onions
Cassava
Rice
Others
55. How was the land acquired?
Dont know/ not sure/ no response
Belongs to the village
Private land
Belongs to the clan
Inherited land
Land is rented/borrowed
Other (specify)

No of Units

56. Who has control over the spending of cash income from farm produce?

Head of household
Wife of head of household
Husband and wife
Man
Woman
Family together

57. Who is responsible for work on the farm?


Man
Woman
Older children
Hired help
Working parties

58. Who is responsible for the following tasks:


(M=Men W=Women C=Children A=All

Land preparation
Planting
Weeding
Harvesting
Shelling
Transportation
59. Do you water the shamba?
Yes
No

60. If yes, what is the water source?


Wet Season
River/Stream
Spring
Dam/Swamp/Pond/Charcos
Shallow well
Borehole
Piped System
Roof catchment

Dry Season

Other
Other (specify)

61. How much water is used on the farm per day?


(Give number of vessels)
Number
Jerry cans (20 L)
Drums (200 L)

Total water collected in litres


Litres

62. How far is the shamba form the water source?


0-1 km
1-2 km
2-5 km
5-10 km
>10 km
INCOME
63. Does the institution have an operating budget?
Yes
No

64. Who compiles the operating budget? (Mention)

65. Does the budget balance without using capital funds?


Yes
No

66. If no who provides the top up funding? (Mention)

67. What is the budget trend increase for the last 3 years look like? (Mention)

68. Is the expenditure trend increasing or decreasing?


Increasing
Decreasing

69. If increasing, at what rate? (Mention)

70. If not, what is the shortfall?

71. Are operational overhead costs being recovered through revenue generation?
Yes
No
72. If not. What is the shortfall?

73. Is the institution dependent on funding from other sources?


Yes
No

74. If so, what amount and list sources?

75. Are financial institutions financing projects?


Yes
No

COST RECOVERY
76. Is cost recovery in operation?
Yes
No

77. What services are supplied on a cost recovery basis?


Water
Sanitation
Refuse removal
Graveyard
House rental
Rates
Other

78. How are cost recorded? Metered accounts / Prepaid / Billing system? Flat rate/ other
Metered accounts
Prepaid
Billing system
Flat rate
Other

79. How are consumers billed? Monthly accounts / Annual accounts / prepaid
Monthly accounts
Annual accounts
Prepaid

80. Are paying offices available for consumers to pay?


Yes
No

81. What account system is in operation? (Mention)

82. What criteria are used to calculate tariff rates?


Affordability overhead
Recorded overhead recovery
Flat rate
Other

83. How many members of your household currently earn some income from:
Job
Business
Part time work

Other

84. Do you receive money in term of gifts or other wise from other sources (including
remittance from relatives or friends living outside the village)?
Yes
No

85. If yes, how much money (cash) do you receive per year?
Tshs
Dont know
86. Indicate what category is your households total income per month from all sources
work, business sources, and relatives?
Less than Tshs 10,000
Tshs 10,000 - 20,000
Tshs 20,000 - 30,000
Tshs 30,000 - 60,000
Tshs 60,000 - 100,000
Tshs 100,000 150,000
Tshs 150,000 200,000
Tshs 200,000 300,000
Tshs 300,000 500,000
> Tshs 500,000

87. How many people are employed and contribute money to the household?
Number

88. How much did they contribute in cash this year?


TAS

89. Does the household exchange goods instead of using money for any goods or
services?

Yes
No

90. How much of the following did you produce for sale last year ?
(Note: If the farmer is not able to specify quantity in bags, note down whatever
measure he uses).

CROP/ITEM

No. of Bags/Quantity

Maize
Pigeon peas
Millet
Potatoes
Beans
Cassava
Bananas
Cotton
Paddy Rice
Sweet potatoes
Crafts
Local brew
Firewood
Charcoal

91. How many animals were sold last year?

Animals
Cattle
Goats
Sheep
Donkeys
Poultry
Others (specify)

Number

92. Indicate what your expenses have been for each of the following

Number
Food and other consumables (per month)
School fees, books, uniforms, etc (this year)
Travel and transport (per month)
Clothing, towels, blankets, etc (this year)
Water (per month)
Household utensils (this year)
Farming implements (this year)
Fertilizers/ seeds/pesticides etc(this year)
Veterinary products (this year)
Medical (hospital fees, drugs, etc) (this year)

Wages paid (per month)


Fuel (charcoal/firewood/kerosene, etc (per month)
Building material/ furniture (per year)
Other hardware (pipes, drums, etc, (per year)
Miscellaneous, donations, church, etc (this year)
Other specific costs (specify)

GENERAL PROBLEMS
93. What do you consider to be your familys major problem?
Dont know/ no response
Lack of money
Water
Food
Ill health/disease
Lack of employment
Other (specify)

94. Which one of these problems you are most concerned about
Improve electricity
Improve the water supply system
Improve the sanitation/sewerage system
Improve disposal of garbage (sold waste)
Improve access road and roads within neighborhood
Improve schools and education
Improve health clinics and services
Other (specify)

95. Which one of these social problems should be given first priority?
First Priority
Dont know/ not sure

96. Which one of these social problems should be given second priority?

Second priority
Dont know/ not sure

GOVERNANCE PROFILE

97. Detail the levels of delegation and responsibility


Councilors
Executive committee
Board
CEO
Management

98. How is the structure constituted? Elected, appointed or is it by representation


Elected
Appointed
Representation

99. What legislation governs the institution? (specify)

100. What legislation governs the institution? (specify)

101.

Does the local authority have a formal dispute resolution mechanism?


Yes
No

102.

How many councillors serves on the council? (specify)

103.

Are meetings held monthly?


Yes
No

104.

Does the institution currently perform water services functions?


Yes
No

105.

If yes, what are those functions?


Operation and maintenance
Reticulation services
Infrastructure development

106.
Does the council intend to perform the following function in the next five
years?
Bulk supply
Connector services
Reticulation
Other (specify)
107.

Who is the traditional authority in the areas? (specify)

108.

How is it constituted? (specify)

109.

How many tradition leaders are there in the council (specify)

110.

What is the area of jurisdiction (specify)

111.

How do they link with the local council? (specify)

112.

How do they link with project steering committee?

113.

What is the relationship like between the traditional leaders and the local
Councillors

114.

Does community structure exist?


Yes
No

115.

if yea, when were they formed? Specify)

116.

Are they functioning effectively?


Yes
No

117.
Are formal meeting held and communication undertaken between the local
sector
Yes
No
118.
If yes, how is this done? Specify
119.

Do any household members wash their hands before preparing food?


Yes
No

120.

Do family members wash their hands before eating?

Yes
No
121.

Do family members wash their hands after using the latrine(or equivalent)?
Yes
No

122.

Was the same water used to wash hands each time?


Yes
No

123.

Was soap or other cleanser used to wash hand?


Yes
No

124.

Is the water used for washing hands used later for any other purpose?
Yes
No

ANNEX 7.1
LIST OF PARTICIPANTS ON CONSULTATION MEETINGS

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