Beruflich Dokumente
Kultur Dokumente
Project Management Office in the Prime Ministers Office Regional Administration and Local Government (PMO-RALG)
---------------------------------
JULY 2015
STUDY TEAM
NAME
POSITION
Sociologist
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.
2.1.1
2.2
2.2.7
3.
3.2
3.3
Comparison between Policies of the URT and World Bank on Land Acquisition and
Resettlement .................................................................................................................... 15
3.4
4.
3.4.1
3.4.2
4.2
4.3
4.4
5.
Implementation Schedule........................................................................................... 28
6.
7.
7.2
7.2.1
7.2.2
8.
9.
9.2
9.3
Table of Figure
Figure 4.1: Institutional Arrangement for RPs implementation (DMDP) .............................. 277
List of Tables
ii
Abbreviation
AP
Affected persons
BD
DC
Bidding Documents
District Commissioner
DCC
DMDP
DMS
DP
Displaced person
ESIA
EMP
IMC
IOL
Inventory of loss
IUUS
GDP
GOT
Government of Tanzania
LGA
LGSP
MC
Municipal Council
PMO-RALG
PAP
RP
RPF
SWDI
URT
TSH
WB
World Bank
iii
Glossary of Terms
Displaced Person(s)
(PAPs)
Resettlement assistance
Cut-off date
Entitlement
Host community
Income
restoration/livelihood
improvement
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
iv
Physical displacement
Economic displacement
Replacement Cost
(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;
Vulnerable Groups
Self- resettlements
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:
The Sub-component 2.2 includes the upgrading of infrastructures at the three municipalities
of Ilala, Temeke and Kinondoni.
1.2
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
- 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.
Resettlement Impacts
2.1.1
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.
280
130
Total
2.2
410
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
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
2.2.2
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
257
181
154
592
36
Secondary Schooling
36
25
21
82
43
30
26
89
Higher Secondary
Schooling
29
20
17
66
14
10
33
Graduate
16
Post Graduate
16
Technical
10
714
504
427
1645
100
Total
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%
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
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.
KIWALANI
10
UKONGA
GONGO LA
TOTAL
MBOTO
23
10
42,001/= 300,000/=
84
59
50
193
82
300,001/= - 600,000/=
19
Total
102
72
61
235
100
2.2.4
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
2.2.5
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.
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)
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
Social Functions
Others
Total
23
13
45
DECISION ON:
2.2.7
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
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)
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)
(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
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.
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)
(ii)
Transport allowance;
(iii)
(iv)
(v)
Disturbance allowance;
(vi)
Any other cost, loss or capital expenditure incurred to the development of the
subject land; and,
(ii)
(iii)
(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)
(iii)
(iv)
(v)
13
c.
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
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)
(ii)
(iii)
(iv)
(v)
(vi)
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
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
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
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
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
16
Content
Tanzanian Law
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
Livelihood
restoration and
assistance
Consultation and
It
17
Content
Tanzanian Law
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
3.4
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
Sub-projects measures:
19
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
Farmer/ title
holder
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
Title holder
Rental/lease
holder
Title holder/
business
owner
Business
owner is lease
holder
Title holder /
business
owner
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
Rental / lease
holder
Squatter /
informal
dweller
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)
Standing crops
Crops affected
by land
acquisition or
temporary
acquisition or
easement
PAPs whether
owner, tenant,
or squatter
Trees
Trees lost
Title holder
Temporary
Acquisition
Temporary
acquisition
PAPs, whether
owner, tenant,
or squatter
(iii)
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
4.2
(i)
Endorsing RAP;
(ii)
(iii)
(iv)
(v)
(vi)
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)
(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)
(v)
(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)
(x)
(xi)
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)
(ii)
(iii)
Coordinate with MLHHSD; utility agencies; land occupiers and local leaders to
assess compensation payment for land and un-exhausted improvements
therein;
(iv)
(v)
(vi)
(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)
(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)
(v)
(vi)
(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)
(iii)
(iv)
Monitor and report on regular basic the RP implementation to MCs, PMUs and
relevant agencies.
(v)
(vi)
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)
(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)
(v)
(ii)
(iii)
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
4.4
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
Implementation
Schedule
September 2013
September 2014
August 2014
August 2014
II
September 2014
8
9
10
July 2014
October 2014
Jan-June 2014
July 2013-Jan
2014
11
September 2014
12
13
14
III
15
Compensation payments
16
Settlement of disputes
December 2014
17
February 2015
18
January 2015
19
February 2015
20
IV
August 2014
July 2014
January 2015
October 2014
Xxx
28
6.
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.).
WARD
No. OF
PROPERTIES
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
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 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)
(v)
(vi)
(vii)
accordance with the traditional cultural of the locality, taking into account gender issues,
social justice and the principle of equality.
7.2.1
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)
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)
(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
Road accidents will increase therefore safety of the road should highly
be considered;
Consultation
Date:
PAPs.
25/11/2013
Attendance:
89 people
Location: MARKAZ
Date:
26/11/2013
Attendance:
130 people:
of
their
Location; MWEMBE
MADAFU
Date 27/11/2013
Attendance: 205
of their
Location; GONGO LA
MBOTO
Date 28/11/2013
Attendance: 220
of their
Location; GULUKA
KWALALA & ULONGONI
Date 29/11/2013
Attendance: 350
of their
7.2.2
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.
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)
(ii)
Ward Tribunal
(iii)
(iv)
(v)
(ii)
(iii)
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)
(ii)
(iii)
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
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:
-
The principal indicators for internal monitoring of resettlement activities include the following,
conducted by the IMS:
-
Attention given to the priorities of PAPs regarding the options offered; and
36
b.
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)
(iii)
(iv)
(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)
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)
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.
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)
(ii)
(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)
(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.
The methods for external monitoring and evaluation of land acquisition, compensation and
resettlement activities include:
(i)
(ii)
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)
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
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
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?
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
Dry Season
Wet Season
Dry Season
River/Stream
Spring
Dam/Swamp/Pond/Charcos
Shallow well
Borehole
Piped System
Roof catchment
Other
Other (specify)
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
Dry Season
Wet Season
Dry Season
Recorder:
Calculate total water collected in litres
Wet Season
Dry Season
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)
Yes
No
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
LIVESTOCK
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)
Every night
Every other night
Once a week
Once a month
Others (specify)
Hired help
Others (specify)
51. Who in the household makes the decisions when to sell livestock?
FARMS
52. Does the household have a farm?
Yes
No
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
Land preparation
Planting
Weeding
Harvesting
Shelling
Transportation
59. Do you water the shamba?
Yes
No
Dry Season
Other
Other (specify)
67. What is the budget trend increase for the last 3 years look like? (Mention)
71. Are operational overhead costs being recovered through revenue generation?
Yes
No
72. If not. What is the shortfall?
COST RECOVERY
76. Is cost recovery in operation?
Yes
No
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
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
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
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)
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
101.
102.
103.
104.
105.
106.
Does the council intend to perform the following function in the next five
years?
Bulk supply
Connector services
Reticulation
Other (specify)
107.
108.
109.
110.
111.
112.
113.
What is the relationship like between the traditional leaders and the local
Councillors
114.
115.
116.
117.
Are formal meeting held and communication undertaken between the local
sector
Yes
No
118.
If yes, how is this done? Specify
119.
120.
Yes
No
121.
Do family members wash their hands after using the latrine(or equivalent)?
Yes
No
122.
123.
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