Tanzania National Roads Agency · Policy 4.12 on Involuntary Settlement, OPN 11.03 on cultural...

Tanzania National Roads Agency

(TANROADS)

Transport Sector Support Project 2 (TSSP 2) Airtel Building, Ally Hassan Mwinyi/Kawawa Roads Junction, P.O. Box 11364, Dar es Salaam, Tel: +255 22 21525776/2151639, Fax: +255 22 2150022, Email: [email protected]

Prepared by Submitted to

National Environment Management Council (NEMC) Regent Estate, Regent Street, P.O. Box 63154, Dar es Salaam Tel: 255 (022)2774852; 2774889; Mobile – 0713-608930; Fax- 255 (022) 2774901; Email Address:[email protected]

Submission Date: 24th September 2012

Abbreviated Resettlement Action Plan for Properties to be affected by Rehabilitation of Mafinga to Igawa Road (142km) in Iringa and Mbeya Regions

Abbreviated RAP for Properties to be affected by Rehabilitation of Mafinga - Igawa Road Section (142 km) of TANZAM Highway

Environmental BENCHMARK-Consulting Engineers 2

Abbreviated Resettlement Action Plan for Properties to be affected by the Rehabilitation of Mafinga to Igawa Road (142 km) in Iringa, Njombe and Mbeya Regions Declaration This Abbreviated Resettlement Action Plan report has been prepared by

Name and Responsibility

Signature

Eng. Venant E.K. Rwenyagira - Team Leader and Environmental Management Specialist

Mr. Huruma Kisaka – Sociologist



Table of Contents

Executive Summary ......................................................................................................................................... 6

Acknowledgements ........................................................................................................................................11

List of Acronyms and Abbreviations ................................................................................................................12

1. Project Description ................................................................................................................................13

1.1 Background ......................................................................................................................13

2. Terms of Reference for Preparation of an Abbreviated Resettlement Action Plan .................................14

2.1 Assignment Overview .......................................................................................................14

2.2 Objectives of the Abbreviated Resettlement Action Plan (ARAP) ......................................14

3. Institutional, Legal and Policy Framework .............................................................................................15

3.1 Policies and Legislations of the Government of Tanzania ..................................................15

3.1.1 The Constitution of the United Republic of Tanzania .................................................................15

3.1.2 Duty to safeguard Public Property Act No. 15 of 1984 s.6 of the Constitution of the URT ...........15

3.1.3 Village Land Act 1999 Part VI- Miscellaneous Provisions on Offences .........................................16

3.1.4 The National Land Policy 1996 ..................................................................................................16

3.1.5 Land Acquisition Act, Cap 118 R.E. 2002 ....................................................................................17

3.2 Safeguard Policies of the World Bank ...............................................................................19

3.2.1 World Bank Operational Policy 4:12 Involuntary Resettlement ..................................................19

3.2.2 World Bank OP 4.11 – Physical Cultural Resources ....................................................................21

3.2.3 World Bank Guidelines on Involuntary Resettlement - Eligibility for benefits .............................21

3.3 Analysis of the Gap between National Legislations and World Bank’s Safeguard Policies ..22

4. Impacts from Road Rehabilitation Project .............................................................................................28

4.1 Potential Social Impacts ...................................................................................................28

4.1.1 Properties and Crops in the Right of Way ..................................................................................28

4.1.2 Access and Sitting of Borrow Pits ..............................................................................................28

4.1.3 Trading/Business Centres along the Highway ............................................................................29

5. Consultation and Community Participation ...........................................................................................30

5.1 Public Consultations .........................................................................................................30

5.2 Baseline data gathered as a result of the consultations was on:........................................31

5.3 Community Major Concerns .............................................................................................32

5.4 Communication Strategy ..................................................................................................39

6. Compensation System ...........................................................................................................................42

6.1 Land Acquisition and Corresponding Compensations in the existing ROW ........................42

6.1.1 Survey and valuation of the properties in the right of way -inventory ........................................42

6.2 Existing borrow pits and other sources of construction materials .....................................43



6.3 Infrastructural Services.....................................................................................................43

6.3.1 Water supply for settlements along the highway.......................................................................43

6.3.2 Electricity Reticulation ..............................................................................................................43

6.3 Entitlement Matrix ...........................................................................................................44

7. Implementation of Compensation/Resettlement Plan and Grievances Redress Mechanism .................45

7.1 Community Sensitization and Awareness .........................................................................45

7.2 Implementation of an ARAP .............................................................................................46

7.3 Grievances Redress Mechanism .......................................................................................47

7.4 Implementation Schedule ................................................................................................48

8. Monitoring of ARAP ...............................................................................................................................49

9. Valuation for Properties Affected by Road Rehabilitation .....................................................................51

9.1 Introduction .....................................................................................................................51

9.2 Procedures for Land Acquisition and Compensation in Tanzania.......................................51

9.2.1 Land Acquisition .......................................................................................................................51

9.2.2 Procedures for Assessment of Compensation ............................................................................52

9.3 Nature of Land Developments in the Road Reserve ..........................................................57

9.4 Rates Used in Construction Materials and Land per Square Meters ..................................57

9.5 Standard Limiting Conditions ............................................................................................58

9.5.1 Structural Surveys .....................................................................................................................58

9.5.2 Statutory Notices ......................................................................................................................58

9.6 Confidentiality ..................................................................................................................58

9.7 Date of Final Inspection and Cut-off Date .........................................................................58

9.8 Contents of the Valuation Report .....................................................................................58

9.9 Opinion of Value ..............................................................................................................59

9.9.1 Properties within 45m (i.e. 22.5m on either side from the road centreline) ...............................59

9.9.2 Properties between 22.5 and 30 m on either side of the road from the centreline ....................59

9.10 Cost estimates for implementation of the ARAP ...............................................................59

9.10.1 Cost for Community Sensitization .........................................................................................60

APPENDICES ....................................................................................................................................................62

Appendix 1: Detailed Valuation Analysis of 17 Properties to be affected by Rehabilitation of Mafinga-Igawa Road (142km) in Iringa and Mbeya Regions...........................................................62



List of Tables Table 3.1: Gaps between Tanzania land legal requirements and the World Bank OP4.12 .. 23

Table 5.1 Schedule for consultation meetings .................................................................. 31

Table 5.2: Issue/comment raised and Consultants response on mitigation process........... 33

Table 6.1: Compensation Schedule for Properties to be affected by the Project ............... 44

Table 7.1: Tentative Time frame sits as follows: ................................................................ 48

Table 8.1 Monitoring of RAP ............................................................................................ 49

Table 9.1: Community Sensitization Team ......................................................................... 60

Table 9.2: Summary of Budget for Facilitation of the RAP ................................................. 61



Executive Summary

1. Project Description The TANZAM Highway links the port of Dar es Salaam to neighbouring countries of DRC, Zambia and Malawi. On Tanzania’s side, this highway traverses through major towns of Morogoro, Iringa, and Mbeya linking to tourist destinations such as Mikumi National Park, Udzungwa Mountain Forest Reserves and Ruaha National Park. The TANZAM Highway is an integral part of the Dar es Salaam Transport Corridor as it is the main collector road for the agricultural produce and mining regions of the South and Southwest of Tanzania. It is envisaged that the rehabilitated road will in greater portion follow the existing route with some small adjustments to accommodate 1.5m shoulders, climbing lanes, bus stops, farm produce loading bays, motor vehicle inspection bays by traffic police force and also axle load compliance monitoring areas. The present ARAP and its corresponding management plan cover the social and economic impact and the corresponding mitigation plans of the project area, and is therefore submitted as a separate document.

2. Objectives of the Resettlement Action Plan This Abbreviated Resettlement Action Plan (ARAP) is designed to meet the requirements of the World Bank mainly the Operational Policy 4.12, Involuntary Settlement. The Consultant has carried-out the requisite stakeholders consultation, valuation of properties to be affected by the proposed rehabilitation, preparation of the necessary resettlement plan and an action plan for implementation and monitoring of the project activities to ensure compliance with the World Bank social safeguard policies with minimum disruption and resettlement of the people. The ARAP is directed towards those residing or carrying business in the Right of Way (ROW) 22.5 m from the centreline of the road because they are the only groups which will be affected by the planned road rehabilitation project. Based on the Road Act No. 13 of 2007, the trunk road’s right of way was extended from 22.5m to 30m on either side of the road from the current road centreline. Since this extension is planned for future road works, therefore the valuation and corresponding compensation and resettlement procedures will be done at a later stage when the need will arise. The present acquisition is therefore meant for those properties within the 22.5m from the road centreline towards either side of the project road.

3. Institutional Legal and Policy Framework This section summarises the policy and legislation context for the compensation and resettlement activities of the road rehabilitation works and resettlement program, as set out in the policies and legislation of the Government of Tanzania, and the safeguard policies of the World Bank related to the involuntary resettlement and protection of cultural properties along TANZAM highway. The review of policy and legislation involved the Constitution of the United Republic of Tanzania, Village Land



Act 1999 Part VI-Miscellaneous Provisions on Offences, National Land Policy 1995 and Land Acquisition Act of 1967. The review also involved World Bank’s Operational Policy 4.12 on Involuntary Settlement, OPN 11.03 on cultural properties and guidelines on eligibility for benefits. Since there are differences between the Tanzania Laws and the WB OP 4.12, then WB OP 4.12 takes precedence and therefore will be applied to the proposed project.

4. Impacts from Road Rehabilitation Project Potential Social Impacts The present proposed rehabilitation of the road to the required standard requires right of way deduced from 22.5m on either side of the road centreline under consideration, therefore the affected properties within 22.5m have been evaluated and compensation schedules have been prepared. From the present understanding and based on the terms of reference, there are no rehabilitation works beyond 22.5m from the road centreline are foreseen. All mentioned improvements are envisaged to be undertaken within the current right of way of 45m (i.e. 22.5m from the road centreline). However, during data collection and consultation, it was observed that there were some houses bearing the “X” mark to signify that they were constructed in the right of way. Also there were some farms that were noted to be in the right of way of 45m. Therefore from this observation, it is evident that the rehabilitation works will impact 17 properties and will certainly alter other current land use along the highway. In some areas, highway rehabilitation may require to develop detours to divert the traffic and avoid construction/rehabilitation in half width. While efforts will be made to limit the traffic in the present road’s right of way of 45, but some communities may be impacted by this mode of road rehabilitation. The existing quarry sites are expected to be used, but if other sites will be identified as sources of construction materials, then temporary access roads will need to be constructed. In case there is interference into private property, the requirements of the WB OP 4.12 will be observed. This is also supported by the Tanzanian Laws. Trading centres along the highway are likely to miss passing-by passengers that normally stop to buy some farm produce. Arrangements to provide such trading centres should be made at alternative sites to diffuse the impact to the trading communities.

5. Consultation and Community Participation The public consultation meetings involving all key stakeholders were conducted along the road influence area. The key stakeholders included Regional Leaders, District Leaders, Ward and Village/Settlement Authorities, working groups, service/utilities institutions, private sector, NGOs, CBOs, and other community



members. Women and Youth groups were consulted as vulnerable groups. The main purpose of these meetings was to come together and discuss modalities of solving the problems likely to happen during and after rehabilitation of the highway sections and the list of people consulted and minutes of the consultation meetings are presented in Preliminary Environmental and Social Impact Assessment report bound as a separate report. Major Concerns Main concern/issue raised many times during community consultations is the Right of Way of the Highway and compensation matters. There seemed to a great confusion about the right of way. This confusion stemmed from the change of 22.5m to 30m which is according to the new legislation – The Road Act No 13 of 2007. Many people wanted to know where the right of way started and where it ended and who is supposed to be compensated. Along with this some supplementary questions were asked about the fate of the houses marked with Xs, compensation for houses and crops in the ROW and resettlement of those who will have to be moved. Clarifications were given, valuation of properties likely to be affected were carried out and the ARAP presents the modalities for effecting the compensation. Communication Strategy Through regional offices, TANROADS will have to go on communicating with all stakeholders in the project area so that there is accurate information about the highway and its new right of way of 60m. Community level programs are essential elements in the communication strategy for providing important information to the public, non-governmental organisations (NGOs) and to government agencies.

6. Compensation System Section 3.1.5 of Institutional, Legal and Policy Framework presented the review of the Land Acquisition Act of Cap 118 R.E 2002. It is worth noting that the powers that allowed the President to acquire land for public purpose were first exercised through declaration of the highway through Roads Ordinance No. 27 of 1959. In the early 70s when the road was first widened and upgraded to bituminous standard, appropriation of land for this purpose observed agreements with the owners for compensation of all properties thereon. But these local requirements are against the requirements of the World Bank OP 4.12 and normally when there are such gaps the requirements of the World Bank take precedence. Therefore all those who have properties in the present right of way of 45m will be compensated on development of properties, accommodation, transport, disturbance allowance. Now the present plan for removal of the properties that are in the right of way of TANZAM Highway has already started with sensitization of the communities followed by valuation of properties and subsequent stages of compensation will follow.



A team of Valuers inspected all the properties to be compensated during the month of May 2012, to ensure that no properties were left out of the exercise therefore the official cut-off date is 31st May 2012. Borrow pits and other sources of construction materials identified for the works so far are the existing ones. In case the highway rehabilitation contractor identifies other sources of construction materials that will need to relocate some communities, appropriate measures for land appropriation and corresponding compensation shall be observed immediately after identification of the area and successful testing of the materials to be used. Some infrastructural services such as water supply pipes, electrical reticulation and telecommunication lines will need to be relocated. Respective authorities will be contacted and relocation will be effected with minimum interruption of the respective service to the community.

7. Implementation of compensation/resettlement Plan and Grievance Redress Mechanism Preliminary designs/plans for rehabilitation works indicate that there will be no land appropriation outside the current right of way of 22.5m from the road centreline. Therefore the implementation plan is inclined towards compensating those in the ROW and presents a team responsible for the sole task of paving a way for rehabilitation works and comprises of TANROADS Regional Manager, TANROADS Legal Officer, TANROADS Social Scientist, Regional Land Officer, Regional Land Surveyor, Community Development Officer and Local Leaders.

This team will issue notices to property owners since all properties to be affected are already valuated ready for compensation. In order to see to it that this is happening, it is proposed to have a monitoring team comprising mainly of the leaders who are closer to the communities reporting to the Regional Manager designate. It may happen that there are those who cannot vacate the ROW due to old age, orphans at young age and disadvantaged people although some will have already received compensation etc. During implementation these households will need a special treatment. Also, it may happen that there are those who are not satisfied by the procedure and some are challenging the level of compensation given to vacate the right of way and they are determined to do this through the courts of law. In case this happens, then this challenge will require a special arrangement through the grievance redress mechanism presented in the report.

8. Monitoring and Evaluation Monitoring to ensure that compensation are done in a timely manner to allow all project affected persons to vacate the right of way starts immediately after



community sensitization, public awareness and compensation. Monitoring is supposed to ensure that all the structures are removed from the ROW before construction starts. Ensure that all infrastructural services are removed from the ROW and restored in their right place, ensure that no new encroachment are developing in some other areas from the existing ones, ensure that all grievances are resolved amicably and immediately when they arise. Monitoring before and during construction shall be set at regular short time intervals such as weekly/fortnightly or monthly to be able to have baseline information important for the operation phase. Monitoring strategy particularly during the 20 years of operational period can be varied based on the experience harnessed from construction phase and the first few years of project operation. Valuation of properties which will be affected was conducted through identification, location, valuation and assessment of respective properties falling within the ROW of the section of Mafinga – Igawa Road. The total compensation amount is Tshs 174,072,080 i.e (One Hundred Seventy Four Million Seventy Two Thousand Eighty Only) for 17 properties. These are the only properties that will be affected by the current proposed rehabilitation works.

9. Cost estimates for the monitoring the ARAP Community sensitization and public awareness shall involve personnel who will need logistical support in terms of transport, meeting venues and allowances for both facilitators and the target groups. The cost for monitoring and evaluation are also based on the personnel involved in the assignment in terms of allowances and transport. In summary, the Budget for monitoring the ARAP is estimated to cost USD 34,430.00 (About TZS 54,000,000).



Acknowledgements

A range of individuals have made this ARAP possible through their commitment in terms of time and effort. Environmental BENCHMARK- Consulting Environmental Engineers and the Lead Consultant, Kyong Dong Engineering Co. Ltd of South Korea in Association with M/s Ambicon Engineering Ltd. of Dar es Salaam on behalf of TANROADS are grateful to all those who contributed in one way or another to this work in particular the sociologist Ms. Elizabeth Temu, Senior Valuation Surveyor - Mr. Geoffrey Kitalile, Land Management and Valuation Expert - Speratus S. Kazaura, and the project coordinator, Eng. Salvatory Lyakurwa. The Consultants are also grateful to the Iringa, Njombe and Mbeya Regional Authorities, specifically from Mufindi, Njombe and Mbarali Districts’ Authorities and their lower levels of wards, villages and hamlets for their support during consultation meetings and in coming times as they will also be needed during relocation of project affected persons (PAPs) during road rehabilitation works.



List of Acronyms and Abbreviations

CBO Community Based Organisations CIA Core Impact Areas IDA International Development Agency NEMC National Environment Management Council NGO Non-governmental Organisation PAPs Project Affected Persons RAP Resettlement Action Plan RIA Road Influence Area ROW Right of Way TANROADS Tanzania National Roads Agency TANZAM Tanzania to Zambia Highway TSSP Transport Sector Support Project TZS or Tshs Tanzania Shillings URT United Republic of Tanzania



1. Project Description

1.1 Background

The Government of the United Republic of Tanzania has received a credit from the International Development Agency (IDA) towards the cost of the Transport Sector Support Project (TSSP) and intends to apply part of the proceeds of this credit to eligible payments under the contract for detailed engineering design, preliminary environmental and social impact assessment, economic valuation and preparation of tender documents for rehabilitation of the part of TANZAM Highway starting from Mafinga to Igawa, with a total length of about 142km. As part of the mitigation measures for social economic impacts of the project to the community, the RAP is hereby prepared for properties which will be affected. The TANZAM Highway links the port of Dar es Salaam to two neighbouring countries of Zambia and Malawi. On Tanzania’s side, this highway traverses through major towns of Morogoro, Iringa, and Mbeya. The road links Dar es Salaam City to tourist destinations such as Mikumi National Park, Udzungwa Mountain Forest Reserves and Ruaha National Park. Part of TANZAM highway also links Dar es Salaam city to the central and northern parts of the country. The TANZAM Highway is an integral part of the Dar es Salaam Transport Corridor as it is the main collector road for the agricultural produce and mining regions of the South and Southwest of Tanzania. The TANZAM Highway in Iringa region was upgraded in 1972 to bitumen standard using crushed rock base and asphalt concrete wearing course including improvement of vertical and horizontal alignment. The road has deteriorated drastically due to pavement ageing. Typical defects of this road include severe potholes, rutting deformation, corrugations, extensive cracking (alligator cracks) and depressions. Major interventions under emergency repair using bitumen stabilised base course and surface dressing was done from Iyovi to Igawa in 1996, now it is 16 years of continuous usage coupled with deterioration.

It is envisaged that the rehabilitated road will in greater portion follow the existing route with some small adjustments to accommodate 1.5m shoulders widening, climbing lanes, bus stops, farm produce loading bays, motor vehicle inspection bays by traffic police force and also axle load compliance monitoring. The present abbreviated resettlement action and management plan covers the social and economic impact and the corresponding mitigation plans and it is therefore submitted as a separate document. To achieve the above, M/s Environmental BENCHMARK- Consulting Environmental Engineers of Dar es Salaam were commissioned to undertake a Preliminary Environmental and Social Impact Assessment and preparation of an Abbreviated Resettlement Action Plan.



2. Terms of Reference for Preparation of an Abbreviated Resettlement Action Plan

2.1 Assignment Overview

The Terms of Reference stated that the Consultant should establish the number and the cost of compensation for properties to be affected as per requirements of the Road Sector Compensation and Resettlement Guidelines issued by the then Ministry of Infrastructure Development (MoID), February 2009. Also, since the project expects funding from the World Bank, therefore the requirements of the funding agency particularly OP 4.12 has to be followed. This is referred to as an Abbreviated Resettlement Action Plan (ARAP) following the guidelines attached to the Terms of Reference for Preliminary Environmental and Social Impact Assessments and from the fact that the expected social impacts will affect less than 200 PAPs. The guidelines for the preparation of a Resettlement Action Plan were meant to guide the consultant to prepare the Resettlement Action Plan by describing in detail the actions to be taken, by whom and how. The guidelines gave an outline of the objectives to be achieved and tasks to be performed in preparation of the Resettlement Action Plan. The study was therefore conducted to fulfil the requirements of a National Environment Resettlement Action Plan and WB OP 4.12. There may be need for more than one Resettlement Action Plan because, as the project proceeds and other road requirements identified, new such plans may be needed.

2.2 Objectives of the Abbreviated Resettlement Action Plan (ARAP)

This ARAP is designed to meet the Tanzanian Laws and World Bank requirements including the Operational Policy 4.12, Involuntary Settlement in respect of minimising impacts, consulting those likely to be affected and planning to assist those to be displaced in restoring their livelihood. The aim is to ensure that those who will be affected by the project are adequately recompensed for their losses and/or that their incomes are restored or improved in compliance with the policy. The Consultant carried requisite studies, prepared valuation of properties and made plans for implementation and monitoring of the project activities to ensure project’s compliance with the Land Regulations and World Bank social safeguard polices particularly the involuntary settlement. Overall, the most important consideration in planning for the rehabilitation work is to minimise disruption and resettlement of the people. From Mafinga to Igawa, it is expected that there will be minimal disruption and resettlement of the people since the area is sparsely populated. Mufindi ward and Makambako especially Ubena areas are relatively densely populated areas where most of the people and properties are expected to be displaced. In this area the highway passes through permanent buildings and forests where there has been encroachment on the right of way. Communities likely to be affected by these developments were adequately sensitized and consulted. By using wards and village authorities, possible areas for relocation particularly for business activities were identified and agreed upon with the communities to be relocated.



3. Institutional, Legal and Policy Framework

This section summarizes the policy and legislation context for compensation and resettlement activities on the Mafinga to Igawa road rehabilitation works and resettlement programme, as set out in the policies and legislation of the Government of Tanzania and the safeguard policies of the World Bank related to involuntary resettlement and protection of cultural properties along TANZAM highway in the stretch of Mafinga– Igawa (142 km).

3.1 Policies and Legislations of the Government of Tanzania

3.1.1 The Constitution of the United Republic of Tanzania

The Constitution of the United Republic of Tanzania (URT) defines the legal context in which all aspects of human development for Tanzanians, including land matters can operate. The Constitution is the dominant law of the land and defines land ownership in Tanzania by placing it under the custodianship of the President. Other matters follow from this main law as defined in specific legislations. Overall, the law must ensure that project activities are undertaken in compliance with the respective policy requirements. Also the Constitution of the United Republic of Tanzania provides for the rights of citizens to own property and disallows the deprivation of one’s property held in accordance with the law, unless the owner is fairly and adequately compensated. Article 24 (1) states: “Every person is entitled to own property and has a right to the protection of his property held in accordance to the law”. Sub-article (2) further provides that; “….. it shall be unlawful for any person to be deprived of property for the purposes of nationalization or any other purposes without the authority of the law which makes provision for fair and adequate compensation”.

3.1.2 Duty to safeguard Public Property Act No. 15 of 1984 s.6 of the Constitution of the URT

Every person has the duty to protect the natural resources of the United Republic, the property of the state authority, all property collectively owned by people and also to respect another persons’ property. During stakeholders’ consultation meetings it was observed that some people were not respecting the road’s right of way which is a public property and this is the reason for encroaching and carrying out development activities into the road reserve. Partly, the encroachment in the right of way stems from lack of knowledge and lack



of respect to the rule of law. Therefore, communities will be sensitized to observe their responsibility in safeguarding public properties.

3.1.3 Village Land Act 1999 Part VI- Miscellaneous Provisions on Offences

Any person who wrongfully obstructs or encroaches on the public right of way and who does not within the time specified in any notice served on him remove that obstruction or cease that encroachment commits an offence and upon conviction is liable to a fine not exceeding ten thousand shillings and in the case of a continuing offence, to an additional fine not exceeding two hundred shillings for every day during which the offence continues. There are some properties in the right-of-way. The survey team has identified the following groups of properties in the right of way

a) 17 properties within 22.5m from the road centreline b) Also there are some 690 properties in the new right of way between 22.5m

and 30m from the road centreline. Properties in the right-of-way are mainly noticed in busy settlements such as at Makambako. However, TANROADS regional offices have provided concrete bollards along the project road to demarcate the new road reserve according to the Road Act No 13 of 2007.

3.1.4 The National Land Policy 1996

The policy is relevant to the rehabilitation project in so far as it also provides broad policy guidance on land matters. Key policy statements guiding tenure issues include grading land as a constitutional category in which, all land in Tanzania is public land vested in the President as trustee on behalf of all citizens; land has value; and the rights and interests of citizens in land shall not be taken without due process of law, and full, fair and prompt compensation shall be paid when land is acquired. The Land Policy notes that statutory law gives power to the President to acquire land for public purpose for development. Although there is no clear definition of public interest, the Land Policy states that: “the President’s power to acquire land for public interest will be maintained”. However reasons for acquisition must be clearly spelt out. A clear legal definition of public interest will be established by law. Acquisition of land in the public interest may be challenged in a court of law and compensation for the land acquired in public interest will be based on principle of opportunity cost (URT, 1997: 16). Further, the Land Policy recognises that land has value and that it will henceforth be recognised in all transactions involving land and in assessment of land rent, URT 1997:16). Recognising the value of land goes along side with paying compensation for land acquisition. The Land Policy notes the main problems with compensation practices, namely inadequate rates and delays in paying compensation (URT 1997:17) and offers solutions to these problems. Also the Land Policy stresses the legal requirement in paying compensation that, the “value should be determined by the



price which the un-exhausted improvements can fetch if sold in the open market” (ibid: 17). This is also reflected in the Land Acquisition Act Cap.118 R.E.2002

3.1.5 Land Acquisition Act, Cap 118 R.E. 2002

The Land Acquisition Act, Cap, 118 R.E. 2002, governs land acquisition by the Government for public purposes in Tanzania. The Act empowers the President to acquire any land for any estate or term where such land is required. The Act provides conditions to be taken into account, specifying requirements prior to the acquisition of the land such as investigation for the land to be taken, issuing notice of intention to take land and the mode in which notices will be served. It further defines the requirements for and restrictions on compensation. The Land Acquisition Act requires the Minister responsible for Land to pay compensation as may be agreed upon or determined in accordance with the provisions of this Act. The Act stipulates that no compensation shall be awarded in respect of any land, which is vacant ground, or to be limited to the value of the un-exhausted improvement to the land, in case the development on the land is deemed inadequate (as defined in Section 5 of the Act). However, the Act makes specific points regarding land that was, prior to its acquisition used as a cemetery or crematorium. It notes that in acquiring such land, the President may direct such payments of compensation to include the value of any un-exhausted improvements. Also, the Act defines procedures for dispute settlement with respect to compensation. Section 15 of the Land Acquisition Act, Cap 118 R.E 2002 notes that should payment of compensation be delayed until the land has been possessed, the Minister must pay in addition to compensation, interest thereon at the rate of six percent per annum from the date when land was taken until compensation is paid. However it is important that with regard to matters of compensation, the Land Acquisition Act, be read in tandem with the Land Act, Cap. 113 R.E. 2002 and the Regulations made under it, bearing in mind that the latter takes precedence. Both pieces of legislation are administered by the Minister responsible for Lands. Land acquisition for development of public infrastructure Government institutions intending to construct public structures must also meet the requirements for approved land use plan, cadastral survey plan, application of change of use, building plans and building permit. Government institutions are however, given a Letter of Allocation instead of a letter of offer (title) and presently the government is exempted from paying land rent. In cases where the government fails to obtain land through the usual allocation procedures, the Land Acquisition Act gives power to the President to acquire "Land" from private occupants, where such land is required for any public purpose. This Act, under section 4 (1) states that land shall be deemed required for a public purposes, for exclusive Government use, for general public use, for any Government scheme, for the development of agricultural land or for the provision of sites for industrial, agricultural or commercial development, social services or housing.



The Land Acquisition Act further empowers authorized Government officials to investigate land, in any locality for its possible acquisition, for any public purpose. The Act prescribes how compensation should be assessed for those whose interest on land has been violated and directs the Government to pay for all damage done. In case of dispute over the amount to be paid, either the Minister or the person claiming compensation may refer such dispute to the Regional Commissioner 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. Valuation of land and properties for compensation Valuation and compensation are also provided for in the above Acts. In assessing the value of improvements for compensation, the value should be that which the said improvements can fetch if sold in the open market. According to the regulations, assessment of the value of land and un-exhausted improvements should be done by a Qualified Valuer and verified by the Chief Valuer of the Government or his/her representative, following procedures outlined in the Land (Compensation Claims) Regulations (2001) and the Land (Assessment of Value for Compensation) Regulations (2001). The compensation values should include the following: -

a. the market value of the real property; b. disturbance allowance; c. transport allowance; d. loss of profits or accommodation; e. cost of acquiring or getting the subject land and; f. any other immediate costs or capital expenditure incurred on the

development of the subject land. Where the road project may involve destruction of crops, properties or land acquisition, valuation is to be effected according to existing legislation. However, this may easily be avoided by early planning of construction works and appropriate notices being given to any current casual users of the land. Compensation It is constitutional right in Tanzania that if one's property is either acquired or nationalized, the individual so affected must be compensated for. 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 the Land Act, or acquired under the Land Acquisition Act, is entitled to a full, fair and prompt compensation. Compensation means paying for the loss suffered or to be suffered by an individual, for his property (land) being acquired,in such a manner that the affected is not negatively affected for loss of his property.



Compensation under Section 156 of the Land Act No. 4 of 1999 applies for non-governmental corporate body, institutions or group of persons. The Section requires compensation to be paid to any person, for the use of land of which he/she is in lawful or actual occupation as a communal right of way and with respect to a way leave. These include:

Any damage suffered in respect of trees, crops, and buildings as result of creation of way leave;

Damage due to surveying or determining the route of that way leave. It is the responsibility of the government department of Ministry, Local Government Authority or corporate body that applied for right of way to pay compensation.

According to The Land (Compensation Claims) Regulation 2001, made under the Land Act No.4 of 1999, the following are eligible for compensation / resettlement:

Holder of right of occupancy (Section 22 of the Land Act of 1999); Holder of customary right of occupancy whose land has been declared a

hazard land (Section 49 of the Land Act, 1999) Holder of customary land, whose land becomes granted to other person and

is moved or relocated under Section 34 of the Land Act, 1999; Land obtained as a consequence of disposition by a holder of right of granted

or customary right of occupancy but is refused a right of occupancy under section 54 of the Land Act, 1999;

Urban or peri-urban land acquired by the President under Section 60 of the Land Act, 1999.

Sub-section 2 of Section 9 applies to all applications or claims for compensation against government or Local Government authority, public body or institution. According to Section 10(1) compensation shall take the form of:

Monetary compensation; Plot of land of comparable quality, extent and productive potential to the

land lost; A building or buildings of comparable quality, extent and use comparable to the building or buildings lost;

Plants and seedlings; Regular supplies of grain and other basic foodstuffs for a specified time.

3.2 Safeguard Policies of the World Bank

3.2.1 World Bank Operational Policy 4:12 Involuntary Resettlement

The World Bank safeguard policy on involuntary resettlement, Operational Policy (OP 4.12) establishes guidelines for land acquisition and compensation of people affected by the project. Key principles and policy objectives of OP 4:12 can be summarised as: To minimise or avoid involuntary resettlement where feasible and to explore all

viable alternative project designs



To conceive and implement resettlement activities as sustainable development programs where affected people are provided with sufficient investment resources and opportunities to share in project benefits. The above shall be carried out through consulting affected persons and let them have opportunities to participate in planning and execution of resettlement programs

To assist affected people (AP), where resettlement is necessary, in their efforts to improve their livelihood and living standards, income earning capacity and production levels, or at least to restore them in a manner that maintains sustainability of resettlement programs.

The Compensation framework should be based on: For agricultural land, land of equal productive use or potential, prepared to a

similar level and located in the vicinity of the affected land; For residential land, land of equal size and use, with similar infrastructure and

services and located in the vicinity of affected land; For structures, full replacement cost to purchase or build new structures of a

similar size and quality to affected houses and other affected structures; Subsidies to assist AP with costs associated with the transition period in the

resettlement site e.g., moving costs, living allowance, business losses lost production etc.

Where agricultural land is not available, compensation is paid in cash at replacement costs based on market rates. All land compensation, whether paid in land or in cash, should include the cost of any registration or transfer taxes. For structures, the calculation of replacement costs should be based on non-depreciated market values; should include labour and contractors’ fees; and should be reduced by the value of salvage materials. Resettlement programmes affect not only individuals and households who are displaced, but also members of existing host communities to which they are relocated. Displaced people should be socially and economically integrated into host communities; and, steps should be taken to minimise adverse impacts on host communities caused by influx of displaced households. Community participation involving displaced people and the host communities should be carried out throughout planning and implementation of resettlement programmes. Consultations should provide all affected people with comprehensive and timely information about their options and rights; and, effective opportunities to express needs and preferences make choices among acceptable alternatives and communicate concerns. Particular attention should be paid to the participation of vulnerable groups, namely the poor, elderly, women and children, indigenous groups and ethnic minorities. Resettlement programmes should be built around development strategy that targets initiatives aimed at improving or at least restoring the economic base for those affected. In addition to the replacement of the effected assets, replacement programmes should consider requirements to assist affected people to restore living standards related to, among others: losses that cannot be easily evaluated or



compensated in monetary terms, e.g., common pool resources, loss of customers; alternative non-farm economic and employment strategies where affected people do not receive sufficient land to continue farming; new economic activities made possible by the project; training, credit, extension services and other incentives to support alternative and new economic opportunities; and, the provision of infrastructure and services sufficient to meet direct and induced population growth at resettlement sites.

3.2.2 World Bank OP 4.11 – Physical Cultural Resources

In its safeguard policy for management of cultural property, OP 4.11, the World Bank defines physical cultural resources as movable or immovable objects, sites, structures, groups of structures, and natural features and landscapes that have archaeological, paleontological, historical, architectural, religious, aesthetic, or other cultural significance. The overall objective of the policy is to avoid or mitigate adverse impacts on physical cultural resources from development projects financed by the Bank. The impacts on physical cultural resources may not contravene either the borrower’s national legislation, or its obligations under relevant international environmental treaties and agreements.

3.2.3 World Bank Guidelines on Involuntary Resettlement - Eligibility for benefits

World Bank set some criteria for eligibility - Displaced persons in the following two groups are entitled to compensation for loss of land or other assets taken for project purposes: (a) Those who have formal legal rights to land or other assets (including customary

and traditional rights recognized under the law of the Country): and (b) Those who do not have formal legal rights to land or other assets at the time

census begins but have a claim to such legal rights, provided that such claims are recognized by the laws of the country or become recognized through a process identified in the resettlement plan. The absence of legal title to land or other assets is not, in itself, a bar to compensation for lost assets or other resettlement assistance. Displaced persons in these two groups are also entitled to compensation for loss of other assets such as structures and crops, and to other resettlement assistance.

A third group of displaced persons-those who have no recognizable legal right or claim to the land they are occupying are not entitled to compensation for loss of land under this policy. However they are entitled to resettlement assistance in lieu of compensation for land, as necessary, to achieve the objectives set out in this policy, if they occupy the project area prior to a cut-off date established by the Borrower and acceptable to the Bank. All such displaced persons are entitled to compensation for loss of assets other than land, in particular, structures and crops. Persons who encroaches the area after the above “cut-off” date are not entitled to compensation or other form of assistance.



3.3 Analysis of the Gap between National Legislations and World Bank’s Safeguard Policies

The Consultant reviewed the Tanzanian legal requirements in comparison with the Operational Policy and Bank Procedures (OP/BP) 4.12 particularly on criteria for eligibility, valuation, methods for compensation and other considerations. It was noted that there are conflicts or gaps between the OP/BP 4.12 and national legislation. These differences are presented on 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 in the project.



Table 3.1: Gaps between Tanzania land legal requirements and the World Bank OP4.12

Item for consideration

Government of Tanzania legal requirements

World Bank OP 4.12

Eligibility - holders of formal right to land/assets

- holders of land under customary law

- holders of formal right to land/assets - physically not living at the place but

will suffer loss of access to land and livelihood

- having spiritual and ancestral ties to the land

- sharecroppers, tenants and seasonal migrants

- illegal occupants of land are not entitled to compensation but to resettlement assistance

Valuation - market value of land and un-exhausted improvements

- Compensation to similar levels to the land taken

- Full compensation cost - Subsidies for transition period - Non-depreciated market value

Compensation payment methods

- cash - cash - assets i.e. houses and infrastructure

Land Tenants/Squatters

Tanzanian law does not recognize tenants as being entitled to compensation

Tenants would be under category (b) and are among the PAPs who are entitled to full, fair and prompt compensation and other relocation assistance

Squatters may be paid compensation on the whims of the government.

In some cases however they are not paid. This include those who construct on road reserves

WB OP 4.12 includes squatters among the PAPs who are entitled to resettlement assistance in lieu of the land they occupy, as well as other assistance. This is different from the Tanzanian situation where such people are not entitled to any assistance.

Land users Tanzania law on compulsory acquisition and compensation is limited to those who can prove de jure or de facto land ownership. Users are not covered

WB OP 4.12 includes displaced persons who have no recognizable legal right or claim to the land they are occupying

Owners of non-permanent buildings

Tanzanian law makes no differentiation between owners of permanent and non-permanent buildings. As long as ownership can be proved compensation is payable.

Determination of compensation is based on the market value of the property. In practice though, the

Under the WB OP 4.12 permanent and non-permanent buildings need to be compensated.

Where however, the displaced persons have no recognizable legal rights they are to be provided with resettlement assistance in lieu of compensation for the land they occupy, as well as other



depreciated replacement cost approach is used, meaning that PAPs do not get the full replacement cost of the lost assets.

assistance.

Cash compensation levels should be sufficient to replace the lost land and other assets at full replacement cost in local markets.

Timing of compensation payments

Tanzanian law requires that compensation be full, fair and prompt. Prompt means it should be paid within six months, failure to do which attracts an interest rate equivalent to the 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

WB OP 4.12 displaced persons are provided prompt and effective compensation at full replacement cost for losses of assets directly attributable to the project

Calculation of compensation and valuation

According to the Land Assessment of the value of Land for Compensation) Regulations, 2001, as well as the Village Land Regulations, 2001, compensation for loss of any interest inland shall include the value of unexhausted improvements, disturbance allowance, transport allowance, accommodation allowance, and loss of profits.

The basis for assessment any land 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 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

WB OP 4.12 requires that the displaced persons be provided with prompt and effective compensation at full replacement cost for losses of assets attributable direct to the project.

Replacement cost is the method of valuation of assets that helps determine the amount sufficient to replace lost assets and cover transaction costs. Depreciation is not to be taken into account when applying this method.

For losses that cannot easily be valued or compensated in monetary terms (eg 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.



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 relocation and resettlement. However, there are a few cases where the government has provided both compensation and alternative land, but this has been done at its discretion. In general however, the government feels that it has discharged its duty once compensation is paid, and it is up to the displaced persons to resettle and re-establish themselves elsewhere. Tanzanian law provides for transport allowance for 12 tons of luggage for up to 12 kilometres from the acquired land, provided the displaced person was living on that land. In lieu of housing accommodation allowance is made in the form of rent for 36 months.

Occasionally, in a discretionary manner alternative land is awarded.

WB OP 4.12 stipulate that where project impacts include physical relocation, measures should be taken to ensure that the displaced persons are: (i) provided with assistance (such as moving allowance) during relocation; and (ii) provided with residential housing, or housing sites, or, as required, agricultural sites for which a combination of productive potential, location advantages and other factors is at least equivalent to the 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 The Land Acquisition Act, 1967, allows the government to take possession of the acquired land before paying compensation.

Current practice endeavours to pay compensation before taking possession of the land.

WB OP 4.12 stipulates that 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.

Livelihood restoration and assistance

There are no legal provisions requiring the government to restore livelihood or to provide assistance towards the

WB OP 4.12 provides that the resettlement plan or policy include measures to ensure that the displaced



restoration of such livelihoods.

Indeed, compensation is not payable in the case of restrictions to access to areas of livelihood opportunities.

Moreover there are no provisions that require the government to pay special attention to vulnerable groups or indigenous peoples There are no transitional measures provided for under Tanzanian law and practice; nor are there provisions for compensation as a result of restrictions to access to livelihood. The Tanzanian law does not make provisions requiring the government to pay special attention to vulnerable groups in the administration of compensation

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 assistance in addition to compensation measures, such as land preparation, credit facilities, training or job opportunities.

Consultation and disclosure

There scanty provisions related to consultation and disclosure in Tanzanian law.

The notice, under the Land Acquisition Act, informs land owners about the President’s need to acquire their land, and their right to give objections. The Land Act allows displaced persons to fill in forms requiring that their land be valued, and giving their own opinion as to what their assets are worth.

Since resettlement is not provided for legally, there are no provisions about informing the displaced persons about their options and rights; nor are they offered choice among feasible resettlement alternatives.

WB OP 4.12 requires that displaced persons are (i) informed about their options and rights pertaining to resettlement; and, (ii) consulted on, offered choices among, and provided with technically and economically feasible resettlement alternatives. The provisions in WB OP 4.12 requiring consultation and disclosure have no equivalent in Tanzanian law and practice

Grievance mechanism and dispute resolution

Under s. 13 of the Land Acquisition Act, where there is a dispute or disagreement relating to any of .the following matters:

(a) the amount of compensation; (b) the right to acquire the land; (c) the identity of persons entitled to

compensation; (d) the application of section 12 to the

land; (e) any right privilege or liability

WB OP 4r.12 provides that displaced persons and their communities, and any host communities receiving them, are provided with timely and relevant information, consulted on resettlement options, and offered opportunities to participate in planning implementing and monitoring resettlement. Appropriate and accessible grievance mechanisms must be established for these groups



conferred or imposed by this Act; (f) the apportionment of

compensation between the persons entitled to the 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. The law in Tanzania does not provide for the establishment of grievance resolution mechanisms specific to particular resettlement cases.



4. Impacts from Road Rehabilitation Project

4.1 Potential Social Impacts

4.1.1 Properties and Crops in the Right of Way

The rehabilitation of the road to the required standard to accommodate the shoulders, provision of climbing lanes, additional bus-bays, provisions of loading and unloading bays and areas for vehicles inspection by the Traffic Police force requires adequate right of way deduced from 22.5m on either side of the road centreline under consideration. From the present understanding, going beyond 22.5m from the road centreline is not foreseen. All mentioned improvements are envisaged to be undertaken within the current right of way of 45m. However, during data collection and consultation, it was observed that there were some houses bearing the Red “X” mark to signify that they were constructed in the right of way. Besides constructions, there were some crops that were noted to be cultivated in the right of way. These plots were planted with seasonal crops, mostly maize and sunflower. These were seen in many settlements along the sections of the TANZAM highway. Therefore from this observation, it is evident that the rehabilitation works will impact a number of properties and will certainly alter other current land use along the highway. Some conflicts related to the cultivation activities along the highway and probable loss of income that may affect the farmers can be avoided by notifying the owners in advance that they should plant crops outside the right of way. The survey also revealed that most of the buildings were constructed outside the right of way except 17 properties which were noted to be in the ROW. Use of detours In some areas, highway rehabilitation may require to develop detours to divert the traffic and avoid construction/rehabilitation in half width. While efforts will be made to limit the traffic in the present road’s right of way, there are possibilities that this may not be possible such that some vehicles are forced to drive very close to the residential buildings even though it will be within 45m of the ROW. Therefore communities may be impacted by this mode of road rehabilitation. In case this occurs, then requirements of OP/BP 4.12 will be observed and also the requirements of the Road Act No. 13 of 2007 which specifies that the road authority has to enter into an agreement with the land owner or crops owner.

4.1.2 Access and Sitting of Borrow Pits

The consultant proposed to use the existing borrow pits for all new works, but if some new sites will be identified as sources of construction materials, there is a need to be accessed through construction of temporary access roads. In case there is interference into private property, the requirements of the OP/BP 4.12 in relation to involuntary settlement will be adequately covered.



4.1.3 Trading/Business Centres along the Highway

Trading centres along the highway are also likely to be interfered through missing the passengers who used to stop-over to buy some farm produce. This will be a temporary interruption to respective communities but arrangements to provide such trading centres will be made at alternative sites to diffuse the impact to the trading communities.



5. Consultation and Community Participation

Assuming that rehabilitation of the highway will result into some resettlement impacts, particularly to those few properties identified, it has been reasoned that, ARAP should be carried out. On the other side, noting that the rehabilitation work is to be confined within the existing right of way (ROW), where there is no re-alignment, there will be no significant adverse resettlement impacts especially those outside the ROW of 45m ( 22.5m on either side). However, while preparing this ARAP, potential adverse resettlement impacts were identified by superimposing the elements of rehabilitation works into the existing natural social conditions. Accordingly appropriate resettlement mitigation measures are proposed on the assumption that the rehabilitation works will be designed, carried out with due care for safety and best environmental engineering and social practices. The resettlement impact assessments were conducted by dividing the areas under consideration into two major zones, the core impact areas (CIA) and the road influence area (RIA). The CIA will be the area immediately and directly affected by the works undertaken during construction, operation and post construction stages of the project. This area takes the entire portion along the highway to be rehabilitated. While demarcating the CIA, considerations have been given to the following factors: the distance of influence of such impacts to properties and cultivation activities

within the right of way and marginal zones and development around the site boundary such as borrow pits

and detours, etc,. The RIA refers to a greater area that is not subject to direct contact but is directly or indirectly affected by the highway operations. For example, those who will be resettled by rehabilitation work will need to be accommodated somewhere else by host groups.

5.1 Public Consultations

The public consultation meetings involving all representatives of key stakeholders in Iringa and Mbeya regions (i.e. mainly those who will be affected by the roadwork in one way or the other) were conducted along the road influence area. The key stakeholders included Regional Leaders, District Leaders, Ward and Village/Settlement Authorities, working groups, service/utilities institutions, private sector, NGOs, CBOs, and other community members. Women and Youth groups were consulted as vulnerable groups. The main purpose of these meetings was to come together and discuss modalities of solving the problems likely to happen during and after rehabilitation of the highway sections. The aims were twofold:

a. to brief stakeholders on the intended works for rehabilitation of the Sections of the TANZAM Highway, identify the burning resettlement issues together, and get their views and inputs on the process;



b. to get some views on how those burning issues can be amicably resolved in feasible and economical ways. The public meetings were started on 16th January 2012 and continued through to 26th January 2012.

Public consultations were participatory meetings, which involved exchange of ideas and discussions. Venues selected for meetings including group of villages per location are shown on the following table: Table 5.1 Schedule for consultation meetings

S/N Ward/Village Location of Meeting

Date of Meeting

Time

Mufindi District, Iringa Region

1. Mafinga + Sao Hill Forest Mufindi Ward Office 14/1/2012 11.00 am 2. Nyororo Ward Office 14/1/2012 2.00 pm 3. Idepelo Ward Office 15/1/2012 11.00 am 4. Mbalamaziwa Ward Office 15/1/2012 2.00 pm 5. Nyanyembe Ward Office 16/1/2012 11.00 am 6. Maguvani (Nyakipambo) Ward Office 16/1/2012 2.00 pm 7. Kinegembasi Ward Office 17/1/2012 11.00 am 8. Iramba Ward Office 17/1/2012 2.00 pm 9. Nyiru Ward Office 18/1/2012 11.00 am

Njombe District, Njombe Region 10. Idofi Idofi Village Office 18/1/2012 2.00 pm 11. Kipagamo Ward Office 19/1/2012 11.00 am 12. Makambako Mwembetogwa Ward

Office 19/1/2012 2.00 pm

13. Ntewele Ward Office 20/1/2012 11.00 am 14. Ikingula/Mng’erenge Ward Office 20/1/2012 2.00 pm 15. Ufwala Ward Office 21/1/2012 11.00 am 16. Wanging’ombe Ward Office 21/1/2012 2.00 pm 17. Helela Ward Office 22/1/2012 11.00 am 18. Halali Ward Office 22/1/2012 2.00 pm 19. Iyayi Igando Ward Office 23/1/2012 11.00 am 20. Igando Igando Ward Office 23/1/2012 2.00 pm

Mbarali District, Mbeya Region 21. Igawa Ward Office 24/1/2012 11.00 am

The focus group meetings and consultations included District planning officers, District engineers, and village/settlement leaders including Division and ward leaders, TANROADS representatives, and consultants. Specific information concerning social services in the respective areas was gathered. Offices visited include Planning, Community Development, Agriculture, Education, Health, Water and Lands.

5.2 Baseline data gathered as a result of the consultations was on:

a. Communities understanding of the use of highway



b. Demography – population of the people by gender and density in the project area;

c. Livelihood activities and economic activities – Agriculture and other economic activities in the area in for people to earn their living;

d. Education facilities including primary schools, secondary schools and vocational training centres. Primary school enrolment, dropouts and level of literacy in the area were surveyed.

e. Employment level and economic potential in the area; f. Health facilities in the area as related to hospitals, health centres and

dispensaries. Assessment of health status of the area using specific health indicators. Common diseases causing morbidity and mortality in the project area.

g. Social organisations as related to income generating activities including HIV/AIDS awareness programmes and environmental management campaigns.

h. Land uses and lands tenure including land utilisation, climate, and land conservation.

5.3 Community Major Concerns

Main concern/issue raised many times during community consultations is the Right of Way of the Highway and compensation matters. There seemed to a great confusion about the right of way. Many people did not know where the right of way started and where it ended. Along with this some supplementary questions were asked about the fate of the houses marked with an X, compensation for houses and crops in the ROW and resettlement of those who will have to be moved.



Table 5.2: Issue/comment raised and Consultants response on mitigation process Boma Ward (Mafinga)

S/N. Issue/Comment Response

1. Employment for the local community should be provided to the indigenous especially unskilled labour.

Employment will be there and the local community will be given first priority but those looking for employment should be trustful and hardworking. Therefore employment should be channelled through respective village or ward government

2. Compensation should be done to all those who will be affected by the project.

Compensation will be done according to the World Bank Operational Policy on Involuntary Resettlement (OP 4.12)

3. Will valuation of properties consider past or current prices of building materials?

Valuation will consider the current prices. There are regulations on carrying out valuation and other costs for compensation

4. The representative from Sao Hill Forest reserve asked to be given a supporting letter from TANROADS for them and their management to harvest the trees within the road reserve

The Representative from TANROADS Iringa region provided such a letter to him that required them to harvest all trees within 45m width of the road reserve.

5. The road will increase the economy of the Mafinga people, Iringa Region and the country as a whole.

Comment noted

6. Among those who will be affected, there are old people and disabled, where will they go if their houses are demolished?

Compensation will be effected for all who will be found in the right of way, to enable them acquire and develop new plots outside the right of way.

7. Where to report if the amount of compensation is not the same as the one showed during valuation?

Report to your Village Executive Officer who will provide guidance on the steps to follow

8. Will compensation be effected before or after the project road construction?

The compensation is supposed to be paid before the project construction starts.

9. Accidents: It is feared that the rehabilitation of the road will claim people’s lives through accidents. Road signs, humps must be installed where necessary.

The detailed design will ensure incorporation of road signs such as speed limit and humps in all crowded locations.

10. Time frame for compensation to the affected people should be known.

All affected ones will be informed prior to any action.

11. Education and sensitization should be given to people on HIV/AIDS and other diseases as rehabilitation of

The project will set aside some funds to raise HIV/AIDS awareness in the project area.



the road will result into influx of people in the project area.

12. Are we allowed to use part of the plot that may not be within the road reserve?

Yes, the remaining part is yours and not part of the road reserve.

13. We thank the government for that idea but the compensation process should be open and clear.

The process is supposed to be transparent and the village leaders will be involved.

14. What if my maize is found not ripe yet and the contractor needs to construct?

You will be given notices three months in advance after compensation, that time will be enough for the maize to ripe and harvest.

Nyololo Ward

15. Employment; the contractor should give the priority to the people hailing from communities along the project site during the construction. Community members should be involved in some activities as labourers during construction.

Communities along the project area shall be given first priority

16. Valuation shall be done early to allow the affected person to arrange for movement.

This is the plan to conduct the valuation in time to allow ample time to relocate (if any)

17. To reduce accidents in the village, speed bumps shall be placed Nyololo shopping centre as there are many people, schools and business centres. There about 800 pupils crossing the road every day and there are cases for accidents.

Road humps will be constructed at the congested or crowded areas

18. How long will the government give us to move our properties within the road reserve?

Normally 90 days (Three months) after payment of compensation.

Mbalamaziwa Ward

19. During construction there will be interaction of people coming from different places; education on HIV/AIDS shall be provided to both workers and communities.

That is the procedure for HIV/AIDs awareness program and it is planned to be implemented.

20. Once compensation is done by the government, do owners have any right to take all the building materials?

Yes, the notice with time limit will be served to all affected persons for the removal of their building materials and other properties.



21. What is the difference between the red x and green x marked on the houses?

Red X means the property is in 45m of the road reserve while the Green X is for properties in the road reserve between 45m and 60m according to the new Road Act No 13 of 2007. Valuation of these properties will be done at a later date followed by compensation.

22. What time shall it take after valuation to be compensated?

Normally it takes not more than six months.

23. Will compensation consider our trees?

Yes. Trees are paid according to size and type of the tree.

24. They requested placement of road humps at their area to reduce road carnage.

The contractor and client will be informed of that.

25. Will compensation consider my borehole?

Yes. The cost of drilling and constructing a new borehole will have to be compensated.

Iramba/Itandula Ward

26. In the village there may be a reserved land for the village and land owned by a person; what happens if the contractor need a site for borrow pit from that owned by a person?

Compensation should be done to all the project affected people for the loss of land and other properties. The main proposed quarry sites are the existing ones, one at Isimila and another at Mswisi.

27. There are infrastructures such as water and electricity reticulation lines. What will be done to these infrastructures?

These will be relocated by the respective service suppliers and community to be informed before construction started to avoid service interruption.

28. Road reserve boundary markers shall equally be placed to warn later invaders.

TANROADS have been doing that and are still dealing with such installation of boundary markers

29. Houses that are marked with Green X in case they are demolished, will there be any compensation?

Yes. The villagers were advised that, the compensation will be done in accordance with the existing Land Act No. 4 and No. 5 of 1999. But this will not be done during this phase. Only properties within 45m will be dealt with

Mlowa Ward- Idofi 30.

Half of the house is in the road reserve area; will it be compensated half or full?

The house will be fully compensated, then demolished.



31.

Sensitization seminars on HIV/AIDS and sexually transmitted diseases should be given priority during project implementation.

Yes, the contractor and TANROADS will arrange that.

32.

When will the construction phase start?

The exact time is not known but it is after completion of the detailed engineering design and preparation of tender documents, floating tenders and securing the credible contractor for the works.

Mwembetogwa Ward

33. What is the different between the Red X and Green X marked on the houses?

Red X means the property is in the right of way of 45m while the Green X is for houses in the right of way between 45m and 60 such properties will be valued and compensated then demolished at a later date.

34. Will land be compensated? Yes, the land will be compensated for those

between 45 and 60m but not for those within 45m based provisions of the World Bank OP 4.12

35. What comes first, demolition or compensation?

Compensation will come first.

Uhambule Ward – Mtewele 36. There are infrastructures such as

water and electricity reticulation lines. What will be done to these infrastructures?

Water and power lines will be moved to pave the area for rehabilitation of the road. Notices will be served in time to allow people to preserve water in case the service will be interfered with.

37. What arrangements are there for plots that are away from the road reserve and will be affected by the project?

Compensation will be done with respect to the Land Act No. 5 of 1999 and WB OP 4.12 for any affected property.

38. Will TANROADS give sensitization seminars against HIV/AIDS to the communities along the project road?

The client will set aside some funds for HIV/AIDS awareness campaign during project implementation.

39. Will houses marked with red X be compensated?

They will be compensated according to the World Bank O.P 4.12. Green X marked houses will be evaluated and compensated at a later date, not now.

Mng’elenge/Ikingula Village

40. Compensation should be done to all those who will be affected by the project.

Compensation will be done with respect to the WB OP 4.12.



41. There will be spread of HIV/AIDS and other sexually transmitted infections, how are you prepared for that?

The contractor will implement HIV/AIDS programs.

42. When will the construction phase start?

Construction will start after the detailed engineering designs and preparation of tender documents, floating tenders and securing the credible contractors are completed.

Wanging’ombe Ward 43. Houses that are marked with green X

in case they are demolished, will there be any compensation?

Compensation will be done at a later date in accordance with the existing Land Act No. 5 of 1999 to all with Green Xs. But the properties with red X will be compensated during this phase

44. The notice should be served early to let people have ample time to move their properties.

Comment noted

45. What is the different between the Red X and Green X marked on the houses?

Red X means the property is in 45m of the road reserve while the Green X is for properties in the road reserve between 45m and 60m according to the new Road Act No 13 of 2007. Valuation of these properties will be done at a later date followed by compensation.

Mayale & Iyayi Villages 46. What exact time for the affected

people to be compensated? It may take longer time. You have to ensure us.

When valuation and fund are secured, people will be notified.

47. Zebra crossings and road signs shall be put in place to safeguard the respective communities.

Comment noted and will passed on to the road designer

48. Employment to youths in the project area should be given first priority.

Communities along the project area will be given first priority.

49. There houses marked with Green Xs but the owners were not given notices, what is wrong?

For those whom their houses were marked with x and they don’t have notices should make follow up with their village leaders.

Luduga Ward - Igando 50. Will houses marked with X be

compensated?

Compensation will be done in accordance with the existing Land Act No. 4 and No. 5 of 1999. For all Green Xs the valuation and compensation will be done later not now. Only those with red X will be compensated now to allow rehabilitation of the road. All will follow the requirements of the OP 4.12 on compensation



51. What about School properties marked with X, will they be demolished?

If they are in the road reserve, they will equally be demolished to pave the way for construction of the road. The same will apply to churches, mosques, police buildings etc.

Ubena Ward 52 Houses that are marked with green X

in case they are demolished, will there be any compensation?

Yes. Compensation will be done in accordance with the existing Land Act No. 4 and No. 5 of 1999

53 The constructed road should have additional bus-bays, provision of loading and unloading and areas for check points.

Well, All these good ideas will be considered.

Lugelele Ward – Igawa 54.

Will there be road signs to avoid accident in areas with many people notably schools?

Road design will incorporate all road signs such as bumps for speed limit and other signs

55 Time to move after the affected people being compensated, how long /notice?

After compensation they will be given 90 days notice

56 Will the water pipes be removed? Yes, water pipes may be relocated wherever

necessary to ensure the continuity of the service to people.

57 When will the construction activities start? Will compensation be effected before demolitions?

Compensation will effected before demolition and construction will depend on other subsequent stages of the project.

Summarizing the concerns received during public participation process, the main issues are:

Compensation for land, farms, boreholes, bamboo trees used for production of a local beer (“Ulanzi”), buildings and commercial activities at current market price which are within the road reserve

Time frame for the project works and time for moving the properties from the road reserve

Transparency in valuation and punctuality in paying compensation, Employment to local communities especially during construction Safety while crossing the road especially students/pupils is needed. They need

road humps, bus-bays and road signs in areas with concentrated settlements the community need contractors who will be familiar and respect their views



on HIV/AIDS issues, they need awareness campaigns Notice with sufficient time for relocating their properties

Comments from people with positive attitudes to the project:

This is the best project which may reduce accidents as the road is very narrow

The construction should start as early as possible; the problem is that some of these people are not serious when implementation stage comes, we only hear excuses.

Comments from people with negative attitudes:

We are not sure if they will rehabilitate this road! Some properties along the road were not marked (X) for removal though they

are within the road reserve, why? Comments on positive impacts of the project:

If the project is well planned and implemented, road carnage will be minimised

Employments in the project will be provided to natives Improved transport and economy of the people; Increased access to crop markets; Enhanced socio-cultural interaction; Promotion of commerce and trade in the region and neighbour countries e.g.

Zambia, Malawi and DRC; Improved roadside facilities such as bus shelters, speed humps, road signs

and space for cyclists. Comments negative impacts of the project:

In-migration /influx of people from other areas; Increased spread of HIV/AIDS and other diseases; Loss of land, properties and relocation/ resettlement; Loss of employment and income e.g. to those who possessed kiosks/shops,

now they are relocated; Relocation of infrastructures (water, electricity, communication (cable) lines); Delays in transportation; Interference on traditional norms and values;

5.4 Communication Strategy

TANZAM Highway has a high profile in Tanzania. A large population of Tanzania mainly those from the southern highland regions of Iringa, Mbeya, Ruvuma, Morogoro, Dar es Salaam have heard and used this road and are enjoying the economical gains from this highway. The importance of the highway cannot be overemphasised. However, the major concerns raised under item 5.3 above would not be real if there was effective and adequate communication between the Roads Agency (TANROADS) and the stakeholders.



Through regional offices, TANROADS will have to communicate effectively with all stakeholders in the project so that there is accurate information about the highway and its right of way. Community level programs are essential elements in the communication strategy for providing important information to the public, to non-governmental organisations (NGOs) and to government agencies. Community liaison will provide the opportunity to the members of the community currently occupying the right of way to identify their support and concerns, it will also provide the forum of communication with project proponents and regulatory bodies and will facilitate anticipation of and management of the TANZAM project issues such as respect to the right of way and protection of traffic signs. The major stakeholder groups are:

• The Tanzania public • The Communities along TANZAM highway • The Government of Tanzania

• Ministry of Works • Ministry of Communication and Transport • Other key Ministries such as Finance, Immigration, • Members of Parliament

• NEMC • Contractors and Suppliers • NGOs especially those active in the project area • Lenders • Media

Various communication tools will need to be used to communicate information on the project including:

• Press releases and Newsletters released to the media, selected mailing lists, email distribution, posting in public places, door to door distribution, occasional regional in-person information updates

• Media interviews with TANROADS and Construction staff • Meetings with groups such as Members of Parliament • Service clubs • Project brochures and fact sheets • Annual reports, • Video, • Posters • TANROADS website etc.

To make communication between TANROADS and stakeholders a continuous process, there is a need to: • Establish and improve community affairs communication system and develop a

framework for delivering highway information to all touched by the highway; • Identify and keep records of local community groups, socio-economic NGOs,

and identify other parties involved with community development with whom to collaborate throughout the project life.



• Establish liaison with socio-economic and public affairs counterparts in the GoT, Ministry of Works, Ministry of Communication and Transport.

• Develop an information management scheme to track issues and provide consultative mechanisms for channelling information from public, Government and Lenders (WB) to TANROADS staff.

• Develop an information scheme to source and provide information concerning project opportunities and

• Establish an effective socio-economic information and data management, reporting and record keeping system.



6. Compensation System

6.1 Land Acquisition and Corresponding Compensations in the existing ROW

Section 3.1.5 of Institutional, Legal and Policy Framework presented the review of the Land Acquisition Act Cap 118 R.E 2002. It is worth noting that the powers that allowed the President to acquire land for public purpose were first exercised through declaration of the highway that came from the declaration of the existing roads Ordinance No. 27 of 1959. In the early 1970s when the road was first widened and upgraded to bituminous standard, appropriation of land for this purpose observed agreements with the owners for compensation for such land and for any building, trees, fence and cultivation thereon. Since this is not the first time the highway is being constructed or rehabilitated and using similar practices from other sections of the same highway, it is evident that based on Tanzanian legislation on land matters there would be no land appropriation meant for highway rehabilitation and therefore no compensations would be envisaged except for those properties such as buildings and farms within the ROW whom the road works may force to give way. But these local requirements are against the requirements of the World Bank OP 4.12 and normally when there are such gaps the requirements of the World Bank take precedence. Therefore all those who have properties in the present right of way of 45m will be compensated on development of properties, accommodation, transport, disturbance allowance. They will not be compensated for the land as they have occupied the land in the RoW in violation of the laws of the land. All affected persons are not only squatting on a stretch of the road reserve, they have land nearby and they simply extended their activities to cover part of the road reserve. Therefore once they are compensated they will be able to build their new structures in the remaining portion of their land which is outside the right of way. At a later date when further design for road upgrading or expansion to accommodate more climbing lanes on steep slopes and parking bays on designated locations such as touristic attractions, etc., that will explicitly require going beyond the available right of way of 45m, then safeguard policies and operational directives of the World Bank will be strictly observed at that time, including compensation for appropriated land for which the Project-Affected People have legal rights or a claim to such lands. Therefore, valuation and compensation of the properties that are in the current right of way of 45m into the TANZAM Highway have been going through the following stages

6.1.1 Survey and valuation of the properties in the right of way -inventory

The identification, survey and valuation of all properties developed into the ROW was carried out by Consultants from April 2012. In May 2012, the team of Valuers went to the site again to ensure that no properties were left out and therefore the official cut-off date was 31st May 2012. All together, 17 properties as presented later in the report were surveyed and presented in form of the entitlement matrix.



Cultivation in the Right of Way Cultivation in the right of way was also surveyed and since the crops grown in the right of way are all seasonal, proper arrangements will be done through the regional offices in Iringa and Mbeya Regions, respectively to allow time to harvest all the crops and sensitized not to cultivate when the rehabilitation of the road is about to start . To avoid any further misunderstanding between those who cultivate on the right of way and TANROADS authorities, notices will be served early to respective communities warning them of not using the right of way.

6.2 Existing borrow pits and other sources of construction materials

Borrow pits and other sources of construction materials identified for the works so far are the existing ones. Some are still in use by TANROADS for minor pothole patching works and some are in use by private contractors in the regions. During construction, in case the highway rehabilitation contractor identifies other sources of construction materials outside the present ROW, that will need to dislocate some communities, appropriate measures for land appropriation and corresponding compensation shall be observed according to the laws of the country.

6.3 Infrastructural Services

6.3.1 Water supply for settlements along the highway

According to the community remarks, there are water supply services that are likely to be affected or interrupted by highway rehabilitation works. Some of these water supply pipes cross the highway through culverts or bridges, some through borings, which were carried out during installation of the water supply pipes across the road. Such pipes fall into areas where the highway design requires provision and later construction of a climbing lane or a parking lane then these water supply pipes shall be relocated. Interruption of water supply to respective communities shall be minimised by serving appropriate notices to the communities to reserve water before the relocation of water pipes commences. Also for the affected communities, provision will be made to compensate for pipe materials and labour charges for relocation of water supply pipes.

6.3.2 Electricity Reticulation

Some electricity reticulation poles are also likely to be moved / relocated to accommodate climbing lanes or parking bays. In case the design requires such provisions, arrangements will be made with TANESCO to relocate such poles.

6.3 Entitlement Matrix

Table 6.1: Compensation Schedule for Properties to be affected by the Project

7. Implementation of Compensation/Resettlement Plan and Grievances Redress Mechanism

Preliminary designs/plans for rehabilitation works indicate that all the requirements of the highway will be confined within the current right of way of 45m. Using the gaps between the existing laws of the Government of Tanzania and the safeguard policies of the World Bank on involuntary resettlement and eligibility for benefits it is noted that there are people in the right of way who have to be compensated as shown on the entitlement matrix above. It has to be noted that valuation and compensation schedules conducted recently and presented in this report is for those properties within 45 m of the road reserve. Those in the new extended right of way from 45m to 60m will not be affected by the proposed road rehabilitation works; however the valuation of these properties was carried out in this stretch of 142km to know the extent of compensation that may be required in case compensation was to be effected during this phase of rehabilitation. Although a team has been formed that is responsible for monitoring implementation of mitigation measures for those to be resettled, planning for land acquisition and resettlement, planning for infrastructure and social services, procedures for compensation payment, the following section provides a set up of activities for compensation and grievances redress mechanism also aiding vulnerable groups which will still be occupying the right of way despite compensations.

7.1 Community Sensitization and Awareness

Community sensitization and public awareness to compensate the 17 properties is seen as priority number one. Therefore a sensitization team is proposed to comprise the following members.

1. TANROADS Regional Manager- this is a director of all activities in the region. 2. TANROADS Legal Officer- Legal aspects on institutional and policy framework

between TANROADS head offices and the regions. 3. TANROADS Social Scientist- liaison officer between TANROADS and Communities 4. Regional Land Officer- responsible for clarification of all land use matters 5. Regional Land Surveyor- responsible for clarification of surveys and demarcate the

limits of the right of way 6. Community Development Officer- responsible for liaising with communities on

compliance matters 7. Local Leaders including the Village chairpersons and Village Executive Officers



This team will achieve its sensitization and awareness objectives by arranging and issuing of notices for compensation followed by sensitization to vacate the right of way. Also notices regarding cultivation in the right of way shall be served along with those owning structures in the right of way. Members of Parliament for these respective areas should be invited in some of these sensitizations to reinforce the awareness and bridge gaps for future grievances. Logistical support in terms of transport, allowances and venues to facilitate these meetings shall be required.

7.2 Implementation of an ARAP

Upon successful sensitization of the communities, it is expected that the community members who have properties in the right of way will receive their compensation and start moving after demolishing their structures. In order to see to it that this is happening, it is proposed to have a monitoring team comprising mainly of the leaders who are closer to the communities reporting to TANROADS Regional Manager designate. Logistical support in terms of allowance and transport to allow smooth communication shall be required. It may happen that among the community members occupying the right of way there are those who will get difficulties to vacate the ROW due to one reason or another such as old age, orphans at young age, and disadvantaged people etc, despite being compensated. During implementation these households will need to be registered with social welfare office and possibly be linked to Non Governmental Offices assisting such disadvantaged groups in the area. Also it may happen that there are those who have complaints or grievances on the procedure and there will be those who are challenging notices to vacate the right of way and they are determined to do this through the courts of law. In case this happens, then this challenge will be solved according to the grievance redress mechanism presented below or it will be directed towards the Government of Tanzania where by the Regional Manager shall notify TANROADS Legal Adviser on all such developments while the assignment is progressing. During monitoring, the same team that created public awareness should be available to resolve any claims that may arise. The following tasks must be completed prior to rehabilitation activities along the existing highway.

a. Effect compensation to all properties whose valuation has been done i.e. within 22.5 m.

b. Complete removal of compensated properties within the right of way



c. Complete removal of infrastructural services from the ROW or from areas which will receive intensive roadwork

d. Monitor the right of way (ROW) to ensure that there is no further encroachment e. Resolve any grievances and claims (if any) as they arise

Monitoring Plans shall be developed to ensure that the removed structures are not erected again in some other location in the right of way. This monitoring programme will be divided into three phases to cover:

a. Phase 1 - Social economic assessment before construction b. Phase 2 – Monitoring during construction c. Phase 3 – Monitoring after highway rehabilitation

7.3 Grievances Redress Mechanism

Grievances are issues, concerns, problems, or claims (be it perceived or actual) that an individual or a community group wants a project proponent to address or resolve. The local communities or individuals along the proposed Mafinga-Igawa project road will certainly have concerns that they would wish to be resolved. At the time when the abbreviated resettlement plan is approved and individual compensation contracts are signed, affected individuals will be informed of the process for expressing dissatisfaction and seek redress. The grievance procedure will be simple, administered in the first instance at the local level to facilitate access, flexible and open to various proofs taking into account of a speedy, just and fair resolution of their grievances. The Grievance Handling Procedure In the event that an affected person is not satisfied with the compensation package or the resettlement process, such grievances will be addressed initially through mediation at a local level. The aggrieved person will first report his/her case to the Village and Ward Executive Committees who have a direct link with TANROADS Regional Offices. If these parties are unable to resolve the matter, the complainant will be referred to the Social Services Committee at the District level which has grievance sub-committee to deal with these specific grievances. This sub-committee will comprise of members of the existing Social Services Committee, one representative each from the Ward and Village Administrations, one representative from the PAPs, and a leader from the local PAPs community.

If further mediation is necessary, this will be conducted by the Regional Secretariat. If still no agreement is reached, then legal recourse may be taken. Since legal procedures take a long time to settle, often PAPs tend to be disadvantaged during the long process and it is for this reason that the Social Services Committee should be vigilant so to



resolve issues at an early stage. The aggrieved person will be exempt from any administrative fees incurred during the grievance redress. As noted earlier, compensation and resettlement will be co-coordinated by the implementing agency (TANROADS) through TANROADS Regional Managers’ Office. There will also be collaboration with other stakeholders like Iringa, Njombe and Mbeya Regional Authority and Local Governments of Mufindi District Council, Ministry of Lands and Human Settlements Developments and the Ministry of Justice and Village governments along the project road. As soon as the ARAP is approved, TANROADS regional Offices will formally disclose it to the affected people through respective village administrative authorities crossed by the project road. The list of the occupants to be dispossessed by the project will be specifying their rights of occupancy and the assessed value. The Local Government (i.e District Council) will dispatch the dislocation notices to the concerned households and farmers. TANROADS will disburse the compensation funds to the TANROADS Regional office to pay the compensation. After effecting compensation and resettlement the communities will be given at least six months for resettlement. TANROADS will then authorize the Contractor to start demolition works.

7.4 Implementation Schedule

Community sensitization and awareness is aimed at smooth process of vacating the right of way on timely manner to allow subsequent stages of the project. For this to happen there shall be sufficient time for the communities to receive timely notices to allow them to salvage materials from their present structures and also harvest crops that are currently in the right of way. The time presented in here is for contractual purposes but some initiatives can be taken as a side note to take advantages of the time that is available from now to completion of detailed engineering design and contract award to the start of actual work. Table 7.1: Tentative Time frame sits as follows:

Task Dates Completion of Feasibility Study Design August 2012 Completion of Detailed Engineering Design October 2012 Contract Award by December 2012 Construction Period 24 Months

Therefore communities occupying some areas in the ROW have from now until December 2012 to remove their structures and TANROADS have to effect compensation as early as possible because valuation and compensation schedules have been completed. Therefore this schedule can be beneficially used by TANROADS to serve timely notices to occupiers of the ROW.



8. Monitoring of ARAP

Monitoring to ensure that notices are served in a timely manner to allow property owners to vacate the right of way starts immediately after community sensitization and public awareness. Monitoring is supposed to ensure that all property owners are compensated followed by removal of all structures from the ROW before construction starts. Ensure that all infrastructural services are removed from the ROW, ensure that no new encroachments are developing in some other areas from the existing ones, ensure that all grievances are resolved amicably and immediately when they arise. To achieve the above, monitoring plans shall be developed to cater for all three phases of the project including

Phase 1 - Monitoring before construction Phase 2 – Monitoring during construction Phase 3 – Monitoring after highway rehabilitation and possibly extended to the entire operation phase of the highway based on 20 years design period.

Monitoring before and during construction shall be set at regular known short time intervals such as weekly/fortnightly or monthly to be able to have baseline information important for the operation phase. Beyond short periods, limited to a month, some developments in the right of way can out-pace the monitoring speed. Monitoring strategy particularly during the 20 years of design period can be varied based on the experience harnessed from construction phase and the first few years of project operation. Overall, monitoring can be carried out as per the table below; Table 8.1: Monitoring of RAP

Impact/Issue to be monitored

Monitoring Activity Monitoring Frequency

Responsibility

Before Rehabilitation Works Constructions in ROW (Compensated followed by removal)

Check complete compensation and ensure removal of structures

Daily/Weekly after sensitization

TANROADS/ Lands Office

Cultivation in the ROW (Removal)

Check complete harvesting and no fresh cultivation of crops in the ROW


TANROADS/ Lands Office

Infrastructures in the ROW

Check compensation to utilities company complete removal of


TANROADS /Authorities responsible for



services the infrastructures involved

Community Grievances Check if any grievances are submitted


TANROADS/ Community Liaison Officer

During Rehabilitation Works/Construction New Constructions in the ROW

Physical Inspection along the ROW

Monthly TANROADS/ Lands Office

New Cultivation in the ROW



New Infrastructures in the ROW



ROW markers Check if they are installed in all places

Monthly during construction

TANROADS/ Surveyor

During operation (20 years Design Period) New constructions in the ROW

Check if any new construction in the ROW

Monthly TANROADS

New cultivation in the ROW

Check if any cultivation in the ROW

Monthly TANROADS

New infrastructural services in the ROW

Check if services at developed into the ROW

Monthly TANROADS

ROW of Markers are in place not destroyed

Check and replace markers destroyed

Once per year TANROADS

Community Sensitization Sensitise community on limits of ROW

Once every six months

TANROADS

Clearing the bush Organise clearing to safeguard the ROW

Once every six months

TANROADS



9. Valuation for Properties Affected by Road Rehabilitation

9.1 Introduction

Valuation was conducted for purposes of identifying, locating and assessing compensation of properties falling within the 22.5m (from the road centreline) corridor of Impact along Mafinga – Igawa Road due for rehabilitation. The objectives of the assignment were:

1) To identify and establish the ownership and value of all properties existing within the existing corridor of impact of the road based on the 45m ROW as per requirements of WB OP 4.12

2) To advise the Client on the compensation amounts payable for the identified properties in accordance with the World Bank Operational Policy on Involuntary Resettlement (OP 4.12) requirements where local laws fall short of the specified requirements.

According to the Terms of Reference, the Scope of Work covered the following areas:

1. To study the project corridor of impact, inspect the project sites, identify and locate all properties within the corridor of 45m.

2. Identify owners of all properties identified in item 1 above 3. To determine entitlement to compensation for loss of assets based on market

value 4. To assess the amount of compensation payable for loss of properties while

also indicating valuation methodology used and how it complies with the requirements

5. To prepare compensation schedules showing location, description, rightful owner of each property and its compensation value.

The summary findings of the above listed works are contained here under.

9.2 Procedures for Land Acquisition and Compensation in Tanzania

9.2.1 Land Acquisition

This section presents the standard procedure for acquiring land and corresponding compensation matters in areas where the land is being acquired for the first time. As stated before the area under consideration was acquired for the first time in 1970s when the road was upgraded for the first time. Therefore under this project compensation will be done for other elements except land since the occupiers were occupying land in violation of the laws of the country. Under the existing land laws in Tanzania, land can be acquired by the state for public purposes. There are several reasons that may necessitate the State to take back land under occupation by its citizens. These will include:

(a) Declaration of an area to be a planning area i.e. urban



(b) Public Purpose which may be defined as the need for accommodating projects which are of interest to the Government or society such as the road project at hand.

(c) Special Projects like forestry, tourism etc The Land Acquisition Act Cap 118 R.E. 2002 is the main piece of legislation that governs land acquisition in Tanzania. It is the 'Mother Act' when it comes to land acquisition. The Land Act of 1999 has not amended any of the land acquisition provisions in Land Acquisition Act Cap 118. However, the provisos on assessment are elaborated by the Land Act 1999, Part II; Section 3(1) paragraph "g" of the Land Act No.4 and 5 of 1999 which provides: "To pay full, fair 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.” The Land (Assessment of the Value of Land for Compensation) Regulations, 2001 made under Section 179 of the Land Act No. 4 of 1999 which became operational in May 2001 provide assessment of compensation on land to be based on the following:

a) Market value of un-exhausted improvements b) Disturbance allowance c) Transport allowance d) Loss of profit e) Accommodation allowance

9.2.2 Procedures for Assessment of Compensation

Properties identified for acquisition under this project qualify for compensation payment according to the provisions of the Land Acquisition Act Cap 118 R.E. 2002 the Land Act No. 5 of 1999, and the World Bank Operational Policy on Involuntary Resettlement (OP 4.12). Further, guidelines issued by the Client and agreed upon in consultation meetings and site visits were also considered particularly in determining Project Affected Persons. In carrying out assessment of compensation for this project the following procedures were followed: i) Serving Notice The Land (Compensation Claims) Regulations, 2001 provides for serving notice to owners of the properties to be affected by the Commissioner for Lands or authorized officer. Under the Investment Sub-Project in Iringa - Mbeya regions the identified PAPs were served with notice requiring them to claim compensation for their affected properties through Land Form No. 69. In addition each of the PAP was issued with Land Form No. 70 for application of compensation as per Regulation 8 of the Land (Compensation Claims) Regulations, 2001.



ii) Field Surveys In carrying out field surveys the Valuers were at all times accompanied by a local leader who identified the property owner, confirmed the boundaries shown to us by the owner and certified the property data we recorded in the field inspection sheets. In brief we did the following:

1. Identification of properties affected by the proposed infrastructure provision project and their respective owners.

2. Assigning Reference Number to each of the identified case and taking photographs.

3. Taking notes of the identified properties (buildings) and other developments on land as well as crops on a pre-prepared inspection sheet.

4. Taking measurements of the land and buildings. 5. Ensuring that all entries on the inspection sheets are counter checked and

signed by the property owners in the respective location and witnessed by the local leaders.

iii) Valuation Computation Section 15 of the highway ordinance, cap 167 grants power to the Minister for Communication and Infrastructure to construct new highway or to widen, deviate or realign an existing highway. However, section 16, it provides further that, if it shall become necessary to acquire the land of any person for the purpose of this ordinance, the land office may, subject to the provisions of any enactment for the time being in force relating to the tenure of land, make an agreement with the owner for compensation to be made for such land and for any building, tree, fence, or cultivation thereon The current enactment in force which governs land tenure in Tanzania and in particular compensation is the Land Acts, No.4 and 5 of 1999. At section 3(g) points that compensation for loss of any interest in land shall be based on the concept of opportunity cost, it further elaborate that, the concept of opportunity cost shall be based on the following:

Building value Transport allowance Disturbance allowance Loss of profit Accommodation allowance Cost of acquiring or getting the subject land Any other cost, loss, or capital expenditure incurred to the development of the

subject land Graves Civil works, petrol station etc

The basic principle governing valuation for compensation is that none of the affected people should be made worse off or better off compared to the situation he was in before the land was acquired. OP 4.12 states that “Displaced persons 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 project implementation, whichever is higher.” The element of compulsory acquisition of land is well treated in most legislation worldwide including Tanzania emphasizing the right to receive a fair compensation to those who occupy land that is subject to acquisition by the State for specific declared objectives. Decision on what Valuation Methods to adopt was guided by a provision in the Land Act No. 4 of 1999 which provides for market value as the basis of valuation. In establishing valuation rates for landed property enquiries were made within the locality and immediate neighbouring areas so as to establish the likely construction cost of the type of buildings found on the corridor of impact. A number of Construction firms in Iringa and Mbeya regions were also contacted to provide an indication of construction rates for new works prevailing in the area. Further inquiries were made from selected property owners and local leaders to establish indicative land prices based on recent transactions. The National Construction Council construction rates were also consulted for comparison purposes. Inquiry into both construction costs and land prices were meant to provide input in the value rates that were adopted in the valuation of the properties identified for acquisition. Guided by the above inquiry, a Replacement Cost Method was adopted to arrive at the replacement values of various building units while the ‘Direct Comparison Method’ was applied to assess the land parcels values. The resultant values were combined to establish the property values. For houses that were identified to accommodate trading activities, inquiry on the volume of sales was done as most owners were observed not to keep sales records. The Replacement Cost Method was adopted for two main reasons. First, due to the inactive property market in the area that is manifested by limited or unavailable market data to allow the use of the Sales Comparison approach to do the valuation, the sales comparison approach is normally used to arrive at the market value. The Replacement Cost Method of Valuation was adopted to arrive at the surrogate market value of the various building units earmarked for acquisition. The International Valuation Standards (2007) recommends the use of the Replacement Cost Method as an acceptable method to be used to arrive at the surrogate for the market value of properties/assets for which market evidence is limited or unavailable. The Replacement Cost method makes reference to the cost of re-building similar building/improvements at the date of valuation. This implies rebuilding a similar building to the same standard of workmanship and specifications, design and layout, inclusion of an allowance for professional fees. In assessing market value of crops for compensation, reference was made to the mini market inquiry which was conducted while carrying out inspection. Local leaders and property owners were asked to provide information on prices of trees and crops when one is buying a farm. In most cases the prices provided were indicative of the PAP’s expectations. Schedule of updated crops prices from Ministry of Lands valuation department with adjustments made in consideration of crop compensation rates used in



recent acquisition projects were used for this assignment. This is in compliance with the Regulations made under S 179, the Land (Compensation Claims) Regulations, 2001 It is being confirmed that this valuation has been done in compliance with both the statutory provisions as cited above related to assessment of compensation and the acceptable practice in Tanzania. iv) Computation of Various Allowable Allowances

a) Disturbance Allowance Disturbance Allowance is payable as a percentage of land and buildings value in compliance with the provisions of the Land Act of 1999. It is calculated by charging interest on the value of Land and Buildings by average percentage rate of interest offered by commercial banks on fixed deposits such as the 12 Months fixed deposit at the time of loss land.

Hence: Disturbance allowance = (Land Value +Building Value + Crops value) x i.

Where: i. = interest rate offered by commercial banks on 12 Months fixed deposits.

In this valuation, the average rate of 5% per annum was used in calculating disturbance allowance. b) Accommodation Allowance According to the Land (Assessment of the Value of Land for Compensation) Regulations, 2001 Accommodation allowance is calculated by considering market rents of affected properties. These are multiplied by 36 months being the duration of constructing another house thus:

Accommodation Allowance = Rent/p.m. x 36 Months. Market rents were established through inquiries made in the locality where land is acquired. Average market rents observed and used in determining accommodation are as follows:

A room in a modest house with utilities: Tshs. 15,000- 20,000 per month A room in a medium house with utilities: Tshs. 5,000-10,000 per month A room in low quality house with utilities: Tshs. 2500-5000per month

Commercial properties at Tshs.30000-50000/=.per month c) Loss of Profit Loss of profit allowance is assessed by establishing Net profit per month multiplied by 36 Months. i.e.

Loss of profit =Net Profit/p.m. x 36 Months.



Loss of profit accruing from acquisition of properties within the acquisition areas were established using information provided to us by property owners and sub ward leaders. d) Transport Allowance Transport allowance is calculated by considering the actual cost of transporting 12 tons of luggage by rail or road (whichever is cheaper) within 20 Kilometers from the point of displacement i.e. Transport allowance = 12tons x Actual Cost/ton/km x 20km Transport Allowance is computed on the basis of prevailing market rates within an area. It is the average cost of transporting 12 tons over a distance of 20km. From our experience in similar projects, establishing the weight of each PAP’s belongings is not an easy task and is likely to lead to inconsistencies which may be a source of complaints. The adoption of a flat transport allowance rate of TShs. 550/= per ton per km was therefore adopted. This rate was arrived at after carrying out inquiries on owners of mini trucks in Mafinga district and Igawa area on the current rates charged for transporting 12 tons within a distance of 20 kms, hence a flat rate of Tshs 130,000 is adopted to provide for transport allowance. NOTE 1. Transport, Accommodation and Loss of profits allowances are not payable

for unoccupied property 2. Transport allowance is not paid to PAPs owning crops only and/ or

incomplete structures. 3. Transport allowance is paid to PAPs with graves on their land for transporting

the dead remains from the graves and relatives involved in reburial ceremony. So where the PAP has habitable property and graves two sets of payment for transport are affected.

4. Accommodation Allowance and Loss of profit are not payable concurrently

over the same property. Unless the property is for both residential and commercial uses. It should be further noted that income from rent has been considered in determining loss of profit where the property is only for commercial use.

5. Accommodation Allowance and Loss of profit are only payable to the

property owner and not tenant(s). 6. Loss of profit is not payable for animal sheds.



9.3 Nature of Land Developments in the Road Reserve

Landed properties within the road corridor includes Farmland which are mainly used for seasonal crops mostly, maize, beans,

sunflowers etc Farmlands devoted to perennial crops such as coffee trees, banana,

clusters, animal feed clusters such as Guatemala grass, shade trees, fruit trees etc

Built up lands which has buildings used for shops, dwelling houses, pombe shops, petrol station and animal shades

Some few grave yards In this valuation summary, the approximate percentage by which accumulated obsolescence has been compounded is as follows

Very good 0-20% Good 21-40% Fair 41-60% Poor 61-80%

9.4 Rates Used in Construction Materials and Land per Square Meters

1. Land values used at the villages located at Mafinga district is equivalent to Ths 1500 per square meters equivalent to Tshs 6,000,000 per acre, this area has more fertile and enough rainfall due to the fact that is located at the centre of southern highlands.

2. Land values used at Makambako District is almost between Tshs 2500-5000 per square meters equivalent to Tshs 10,000,000-20,000,000 per acre, depending on the quality of farm in-terms of fertility and topographical advantages this area has fertile land and more rainfall and thus attracts more agriculture. Also the high values are expected in urban neighbourhood where there are mixed land users from farming, industrial, commercial; and residential users so the same to Igawa Township

3. Multi storey building constructed with sand cement blocks and corrugated iron sheets material ranges from Tshs 400,000-600,000 construction rate per square meters.

4. Single storey building constructed with sand cement blocks and corrugated iron sheets material ranges from the rate of Tshs 250,000-350,000 per square meters depending on quality of finishing

5. Buildings constructed with burnt bricks wall, and corrugated iron sheet roofing materials is at the rate of Tshs 100,000-200,000 per square meters

6. Buildings constructed with timber wall, and corrugated iron sheet roofing materials is at the rate of Tshs 100,000-Tshs 150,000 per square meter



7. Buildings constructed with mud and wattle wall, and corrugated iron sheet roofing materials are at the rate of Tshs 50,000-Tshs 80,000

8. Buildings constructed with burnt bricks wall, and thatch roofing materials Tshs 80,000

9. Hedge fence well maintained supported with concrete poles or treated poles Tshs 850 to Tshs 1500 per running meters

10. Civil/engineering work for petrol station, warehouse, Tshs 250,000- Tshs 300,000 per square meters.

9.5 Standard Limiting Conditions

9.5.1 Structural Surveys

In the valuation of buildings, general surveys as opposed to structural surveys were carried out as the latter is out with the scope of a general valuation survey. Therefore, no testing was done on such services as water pipes, electrical wiring or drainage pipes and no testing was made to establish the extent of damp, timber rot, metal fatigue etc. We have however dealt with the construction details in considerably greater depth than would be considered normal for a valuation report and have made reference to the general state of repair and condition of the various properties. Where a third party gave information, we assume that information to be true, and we will not be liable should it be proved otherwise.

9.5.2 Statutory Notices

All necessary efforts were made to establish whether in any of the affected properties there was any subsisting statutory notice that may impinge on the land acquisition exercise. The Valuers were not informed of any such notices.

9.6 Confidentiality

The valuation report is confidential to TANROADS and for the specific purpose for which it is intended. Neither the whole nor any part of the report or any references thereto may be included in any published document, circular or statement without our written approval of the form and context in which it may appear.

9.7 Date of Final Inspection and Cut-off Date

A team of four Valuers visited and inspected all the properties detailed in this report during the month of May 2012, therefore the cut-off date is 31st May 2012.

9.8 Contents of the Valuation Report

The Mafinga-Igawa road passes through two administrative regions of Iringa and Mbeya regions. It goes through centres of Igawa, Iyai, Igando, Idetero, Idofi, Makambako,



Soliwaya, Maguvani, Mngeleng’e, Mayale, Wanging’ombe, Nyigo, Iramba, Mvevele, Unyanyembe, Mbalamaziwa, Kipagamo, Kinegembasi, Nyororo and Changarawe The actual number of PAPs is 17 from 0km mark to 140km mark. The report presents the names of land occupiers, details of properties affected (in terms of description, size and numbers) and compensation sums payable. A digital image of the property owner with his/her reference number has been entered on the data sheet for record purposes. In some cases property owners were not around hence we did not afford to have their photos. The summarized valuation report is presented according to villages in order to ease the exercise of identifying the owners of landed properties. This report is categorized into two parts

Section One: Introductory notes Section Two: Valuation summary

9.9 Opinion of Value

9.9.1 Properties within 45m (i.e. 22.5m on either side from the road centreline)

It is our opinion that the total compensation amount for this group is in the region of TZS 174,072,080 (One Hundred Seventy Four Million Seventy Two Thousand Eighty Only). These are the properties which will be affected by the current project.

9.9.2 Properties between 22.5 and 30 m on either side of the road from the centreline

It is our opinion that the total Compensation amount is in the region of TZS 3,905,952,997 i.e. (TZS. Three billion Nine Hundred and Five Million Nine Fifty Three Thousand only). These properties will not be affected by the current project, but if at a later date, TANROADS wants to make expansions where by recovery of the entire right of way (60m) is necessary, then a Resettlement Action Plan for the 690 properties will have to be prepared.

9.10 Cost estimates for implementation of the ARAP

Overview This section presents a sum up of all the estimated costs to implement social impact mitigation measures related to facilitation of removal of structures, removal of crops, and removal of infrastructural services from the Right of Way and Monitoring of ARAP.

Some public infrastructural services placed in the right of way such that they are not affecting any of the highway requirements will be left intact at their present location unless otherwise agreed differently with the respective authority.



9.10.1 Cost for Community Sensitization

As discussed above in section above and also as presented under the table below, community sensitization and public awareness shall involve personnel who will need logistical support in terms of transport, meeting venues and allowances for both facilitators and the target groups. A provision is also made to cover press releases, brochures and videos as it may be deemed appropriate by the facilitation group. Table 9.1: Community Sensitization Team Key Personnel Duties and Responsibilities

1 TANROADS Regional Manager(s) Director(s)/Coordinator(s) of all activities in the regions- Iringa, Njombe and Mbeya

2 TANROADS Legal Officer Clarification/translation of all legal aspects based on policies and institutional legal framework

3 TANROADS Social Scientist Liaison officer between communities and TANROADS through press releases, video, fliers, brochures based on TANROADS policy etc

4 Regional Land Officer Clarification of land plan and land use matters especially in relation to public utilities

5 Regional Land Surveyor Clarification of surveys and demarcation of the limits of the ROW

6 Community Development Officer Liaising with communities on compliance matters, identification of vulnerable families requiring assistance from NGOs, TANROADS, etc

7 Ward Councillor Chairman of all development activities in the ward

8 Ward Executive Officer Chief Executive of the ward 9 Villages Chairpersons Contact with families on all matters of relocation 10 Village Development Committee

members Advisors to the village chairperson on compliance matters



Table 9.2: Summary of Budget for Facilitation of the RAP S/No

Item Description Quantity (Persons)

Rate (USD)

Total Cost Estimate (USD)

1 Survey(identification) of illegal structures/farms (Done)

- - -

2 Community Sensitization and Public Awareness

4 1500 6,000.00

3 Monitoring –complete compensation and removal of structures

3 1500 4,500.00

4 Monitoring – complete removal of crops 3 1500 4,500.00 5 Monitoring and complete relocation of

community infrastructures 4 1500 6,000.00

Water 6 300 1,800.00 Electricity 5 500 2,500.00 Telecommunication (relocation) 5 300 1,500.00

6 Independent Evaluation (Done) 4 500 2,000.00 7 Monitoring of Compensation to Vulnerable

groups (Contingency) 25 100 2,500.00

SUB TOTAL 31,300.00 8 Add Contingency 10% 3,130.00 GRAND TOTAL 34,430.00

APPENDICES

Appendix 1: Detailed Valuation Analysis of 17 Properties to be affected by Rehabilitation of Mafinga-Igawa Road (142km) in Iringa and Mbeya Regions







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