UNITED REPUBLIC OF TANZANIA MINISTRY OF TRANSPORT TANZANIA INTERMODAL AND RAIL DEVELOPMENT PROJECT (TIRP) REHABILITATION OF RAILWAY LINE INCLUDING TRACK RENEWAL AND BRIDGES UPGRADING BETWEEN DAR ES SALAAM AND ISAKA ABBREVIATED RESSETLEMENT ACTION PLAN PACKAGE A, DAR ES SALAAM -KILOSA FINAL REPORT March 2018 TABLE OF CONTENTS EXECUTIVE SUMMARY .............................................................................................................. 1 List of Abbreviations and Acronyms ................................................................................................ 5 1.0 Introduction ............................................................................................................................ 6 1.1 Scope of the Abbreviated Resettlement Action Plan .............................................................. 6 1.2 Principles Governing ARAP ................................................................................................... 7 2.0 Study Methodology................................................................................................................ 8 2.1 Number of Project Affected Persons ....................................................................................... 8 2.2 Review of Relevant Background Reports and Documents ..................................................... 8 2.3 Public Consultations and Community Participation ............................................................... 9 2.4 Observation ........................................................................................................................... 10 2.5 Meetings with Key Personnel and Organizations ................................................................. 10 2.6 Survey and Socio-economic Study of Project Affected Persons (PAPs) .............................. 10 2.7 Cut-off Date for Entitlements ................................................................................................ 10 2.8 Study Limitations .................................................................................................................. 11 2.9 Disclosure of ARAP .............................................................................................................. 11 3.0 Results of Social Economic Study along the Project Corridor ............................................ 12 3.1 Heads of Households ........................................................................................................ 12 3.2 Gender Distribution in Households .................................................................................. 12 3.3 PAPs Economic Activities ............................................................................................... 12 3.4 Community and Family Structures .................................................................................. 14 3.5 Level of Education among Household members ............................................................. 14 4.0 Potential Impacts of the Project on Identified PAPs ............................................................ 15 4.1 Positive Anticipated Impacts ............................................................................................ 15 4.1.1 Employment opportunities ........................................................................................ 15 4.1.2 More efficient way of transporting farm produce ..................................................... 15 4.2 Negative Anticipated Impacts .......................................................................................... 15 4.2.1 Farmers ..................................................................................................................... 15 4.2.2 Traders ...................................................................................................................... 15 4.2.3 Nomadic Livestock Keepers ...................................................................................... 15 5.0 Policy and Legal Framework ............................................................................................... 17 6.0 Impact Mitigation Measures and Implementation Arrangements ....................................... 18 6.1 Farmers ............................................................................................................................. 18 i 6.2 Graveyards ....................................................................................................................... 18 6.3 Livestock Keepers ............................................................................................................ 18 6.4 Petty Traders .................................................................................................................... 18 7.0 Communications Plan ........................................................................................................... 19 7.0 Institutional Responsibilities and Grievance Redress Mechanism ...................................... 20 7.1 Other Organizations and Agencies ................................................................................... 20 7.1.1 Civil Works Contractor ............................................................................................. 20 7.1.2 World Bank ............................................................................................................... 20 7.1.3 Local Government Authorities, District Level .......................................................... 20 7.2 Grievance Redress Mechanism ........................................................................................ 21 7.3 Grievance Redress Mechanism Procedure. ...................................................................... 21 8.0 Implementation Schedule and Cost and Budget .................................................................. 22 8.1 Costs and Budget .............................................................................................................. 24 9.0 Monitoring and Evaluation .................................................................................................. 25 9.1 Evaluation......................................................................................................................... 25 ANNEXES ...................................................................................................................................... 26 Annex A: Minutes of public consultation meetings .................................................................... 27 Annex B: Entitlement Matrix ...................................................................................................... 34 Annex C: Photography and description of affected plots ........................................................... 35 Annex D: Summary table of the gaps between WB policies and Tanzania Laws ...................... 43 Annex E: Sample of Grievance Redress Mechanism form. ........................................................ 51 ii EXECUTIVE SUMMARY The Ministry of Works, Transport and Communication through RAHCO intends to rehabilitate Dar es Salaam - Isaka section of railway line. This initiative is financed by the World Bank and will be implemented under Tanzania Intermodal and Rail Development Project, whose major goal is to provide reliable transportation of goods and promote access to services. The project components are as described below. Component A: Improvement of Rail Infrastructure This component involves rehabilitation of Railway Track and Structures (Bridges and Culverts) Rehabilitation Works from Dar es Salaam – Kilosa and Supervision of Track and Bridge Works. Component B: Rolling Stock Component includes Supply of Three Locomotives, Refurbishment of Two Locomotives, Supply of Fifteen Ballast Hopper Wagons, Forty-four Freight Flat Wagons, Tamping and Regulating Machines, Track Recording Car and Train Control System. Component C: Development of Isaka Terminal, Ilala Terminal and Dar es Salaam Port Platform. This Component comprises the development of Intermodal Container Terminals in the port of Dar es Salaam, in Ilala and in Isaka to allow for more efficient modal transfers to and from the railway. Component D: Institutional Strengthening, Capacity Building, and Implementation Support This Component comprises preparatory Design studies, Enhancement of Information Technology, Setting up of the Project Implementation Team (PIT), and Capacity Strengthening of TRC (TRL) The Project would also support the Strengthening of TRL management, due diligence process and five year Business Plan Other Capacity Strengthening Measures for TRC, SUMATRA and MOWTC Funds are allocated for technical assistance for: (i) designing the right maintenance organization and a pilot maintenance program within TRC (RAHCO) for maintenance activities; (ii) implementing effective regulation for open access policy, which is key in ensuring economic sustainability of the Project; (iii) technical assistance and training to TRC and SUMATRA staff; (iv) communication strategy for project implementation; (v) support to the Ministerial Delivery Team established for monitoring BRN and the Monitoring & Evaluation Team of the MoWTC for undertaking the monitoring & evaluation of the Project. 1 This ARAP applies component A on rehabilitation of railway track sections and weak bridges which is 970 km from Dar es Salaam to Isaka Terminal. It is categorised into two packages where package A coves Dar es Salaam to Kilosa (283km) and Package B which covers Kilosa to Isaka (687km). This report is for Package A only which is Dar es Salaam –Kilosa section. Area covered by the project is indicated in the figure 1. Figure 1: Strip Map of the Area Covered by this ARAP. The construction corridor of this project is 7.5m left and right from the centre of the railway truck. The total area of the corridor is 4.245 sq.km. This area needs to be cleared before commencement 2 of railway rehabilitation. Due to this fact, people who are conducting human activities within 7.5m both sides of the railway truck have to be controlled and guided so that their movements do not interfere with construction activities during project implementation. According to the World Bank operation policy (OP 4.12) on involuntary resettlement for any person to be moved from World Bank supported project area, compensation or assistance must be provided subject to eligibility criteria of the individual. The OP states that when less than 200 people are insignificantly impacted by Project activities an Abbreviated Resettlement Action Plan (ARAP) can be produced. Regarding World Bank requirements, this ARAP is developed specifically for 7.5m right of way to ensure that, people who will be affected by the project are consulted in order to safeguard their interests during and after project implementation. This report follows WB OP 4.12 and the Resettlement Policy Framework (RPF) that was developed during the project preparation, for formulating an Abbreviated Resettlement Action Plan and requirements for compensation and assistance for the Project Affected Persons (PAPs). Methodology employed in developing this ARAP includes;  PAPS identification field visit.  Review of relevant background reports and documentation.  Public consultations and community engagement/participation.  Observation.  Meetings with key personnel and organizations.  Socio-economic survey of PAPs. Following above methodology, PAPs were identified and categorized into three categories: a. Farmers b. Petty Traders c. Nomadic Livestock keepers Within the construction corridor three graves were also identified. Number of farmers who were identified were 14 while other PAPs such as petty traders and nomadic livestock keepers were difficult to be quantified due to their transient nature. Thus they are addressed as a group and not as individuals. Out of 14 farmers identified, 13 were interviewed during social economic study and their results show that there is no significant impact of the project on their economic livelihood. These farmers utilize a very minimal portion of project land for cultivating seasonal crops such as maize and vegetables for home consumption. This land belongs to RAHCO and therefore they do not have any legal right to the land. Impacts of the project to the identified PAPs are very minor, including limited access to the project area for all identified PAPs. With respect to the graves there will be no impact because project activities will not disturb the communal graveyard and measures will be taken to protect them during the construction phase. Impact mitigation measure for the identified impact will be as follows; 3  Provision of a grace period giving enough time for the farmers to harvest their crops - three months.  Creation of employment opportunities for the PAPs during project implementation.  Periodic campaign with affected communities to make them aware of the project and precautions that they should take.  Security operations along project corridor.  Provision of access for petty traders to sell their products at different stations at specified times.  Notification to the contractor to enclose the graveyards so they are not disturbed by the project activities. National policies/legislation and the World Bank safeguard policies were considered in implementation of this ARAP. RAHCO is the main agency for implementation of this ARAP in collaboration with other agencies such as Ministry of Works, Transport and Communication and local government authorities. PAPs are expected to harvest their crops by the end of April 2018 and construction to start in May 2018. All PAPs were notified about the project and its activities in 19 January 2018. PAPs will be additionally notified about commencement of construction and other project implementation arrangements so that they do not plant crops in the project area in the future. All expenses associated with the ARAP and associated mitigation measures implementation will be covered by RAHCO. Monitoring and evaluation of ARAP implementation will be conducted by RAHCO. 4 List of Abbreviations and Acronyms ARAP Abbreviated Resettlement Action Plan BRN Big Results Now DED District Executive officer DTS Director of Technical Services ESIA Environnemental and Social Impact Assessment FPIC Free-Prior Informed Consent GRC Grievance Redress Committee GRM Grievance Redress Mechanism ID Identity Cards MoWTC Ministry of Works, Transport and Communication OP Operational Policies PAP Project Affected Persons PIT Project Implementation Team RoW Right of Way RPF Resettlement Policy Framework RAHCO Reli Assets Holding Company SIA Social Impact Assessment SUMATRA Surface and Marine Transport Regulatory Authority TIRP Tanzania Intermodal and Rail Development Project TRL Tanzania Railway Limited TRC Tanzania Railway Cooperation VEO Village Executive Officer WB World Bank WEO Ward Executive Officer 5 CHAPTER ONE 1.0 Introduction The World Bank finances Tanzania Intermodal and Rail Development Project (TIRP). This project aims at rehabilitating the existing rail network along the Central Corridor between Dar es Salaam Port and the proposed Dry Port at Isaka. According to the ESIA 2017 Report for TIRP, the rehabilitation will focus on improving current rail infrastructure and rolling stock to meet existing and emerging intermodal transport requirements. The project consists of two Packages whereby Package A covers Dar es Salaam to Kilosa (283km) and Package B covers Kilosa to Isaka (687km). The purpose of the assignment is to develop a plan such that rail rehabilitation Dar to Kilosa is undertaken in compliance with World Bank requirements and in particular, the WB operational policy (OP 4.12) on involuntary resettlement. According to this policy, Paragraph 25 states that: When a Bank support project leads to displacement of less than 200 people, an Abbreviated Resettlement Action Plan (ARAP) must be formulated to take care of the interests of the project affect persons (PAPs). To this effect, a Consultant was engaged to assist the Government/RAHCO in developing an Abbreviated Resettlement Action Plan (ARAP) to ensure that people who will be affected by the project are consulted in order to safeguard their interests during and after project rehabilitation. The Right of Way for this project as agreed and detailed in the RPF is 7.5 m from the centre on left and right side of the railway. This ARAP specifically covers the stretch of the railway from Dar es Salaam to Kilosa (Package A), the total area of the corridor under Package A is 4.245 sq km. This ARAP has been developed based on consultations with Project Affected People, RAHCO, and other key stakeholders such as local government leaders and station masters in each station along the project corridor. In this process three categories of PAPS were identified such as Farmers, Petty Traders and Nomadic livestock keepers. There is also a communal graveyard in Gogolamboto Ward and three graves were found to be within the project corridor. However, it should be noted that with reference to the Resettlement Policy Framework (RPF) the project corridor is only 7.5 metres left and right from the centre of the railway track and must be cleared for the Contractor to start work. It should also be noted that all encroachers no matter what human activity they are undertaking, have no legal claim to the land. According to WB OP 4.12 Paragraph 15(c), only identified PAPs are eligible for assistance and this will be applicable only to those who were there before the cut-off date (19 January 2018); any person who will encroach the area after the cut-off date provided in this ARAP will not be entitled for any assistance. 1.1 Scope of the Abbreviated Resettlement Action Plan The scope and level of details in this ARAP include:  Range of potential risks and impacts to which the affected persons may be subjected. 6  Results of the socio-economic survey in the form of a clear social baseline and relevant cut-off date/(s).  A description of consultation activities with the affected communities.  A description of resettlement assistance and livelihood improvement options to be provided.  A description of the procedures for redress of grievances.  Institutional responsibilities for implementing, monitoring and evaluating ARAP.  A schedule, budget and sources of funds, which should be agreed upon with the executing agency. 1.2 Principles Governing ARAP In developing this ARAP, the following principles based on Operational Social Safeguards have been applied:  Transparency: ensure that affected people are consulted and give their demonstrable acceptance to the ARAP.  Standards: Maintain the standards of the Bank’s Integrated Safeguards System on Involuntary Resettlements.  Best Practices: Adherence to world’s best practices regarding disclosure of information to the PAPs in line with Free Prior-Informed Consent (FPIC).  Use of replacement cost for calculation of all compensation.  Compensation to all PAPs irrespective of possession of title to land.  Implementation of Grievance Redress Mechanism. The process should be driven by consultation and participatory planning. 7 CHAPTER TWO 2.0 Study Methodology Preparation of the ARAP commenced in December 2017. The methodology applied included: PAPS identification field visit. Review of relevant background reports and documentation. Public consultations and community engagement/participation. Observation. Meetings with key personnel and organizations. Socio-economic survey of Project Affected Persons (PAPs). 2.1 Number of Project Affected Persons During field visit, GPSs were used to identify the coordinates of the location and magnitude of the cultivated land within the project corridor. A tape measure was used to confirm the 7.5 metre distance (left and right) from the centre of the rail track. At the end of the exercise, 14 PAPs were identified and out of the 14, thirteen were interviewed. Three graves which are part of a communal graveyard at Gongo la Mboto (Mwisho wa Lami) were also identified in the exercise. The identified farmers are utilizing a very minimal portion of railway land, and crops which are cultivated in these areas are for subsistence use and not for commercial purposes. In these cases project activities will not cause any significant impact to the farmers. However, during the visit it was difficult to identify the exact number of petty traders and livestock keepers due to the transient nature of their activities Hence the petty traders and livestock keepers are treated as a group, rather than as individually impacted persons, and the mitigation measures are designed accordingly. 2.2 Review of Relevant Background Reports and Documents Preparation of this ARAP was guided by review of several project documents as well as WB social safeguard policies and national relevant policies. These included: Resettlement Policy Framework (a project document) Environmental and Social Impact Assessment Report (ESIA) World Bank Operational Policy 4.12(WB OP 4.12) involuntary resettlement National Land Policy (1995) 8 Graveyard Removal Act (1968) The preparation of the ARAP was also guided by several examples of ARAPs prepared recently for World Bank supported projects in Tanzania and in other countries. With reference to the reviewed documents and particularly the RPF prepared for the project, 14 farmers who were identified during the visit will be eligible for assistance only; this is due to the fact that these farmers do not own the land which they are utilizing for farming. This land belongs to the Government and as per national land policy there is no land compensation which will be provided to them. But with regard to the Bank’s requirements these farmers are entitled for assistance as they sustain economic impact due to project activities; therefore they will be given time to harvest their crops without any project interference, and also they will be counselled to ensure that there will be no further cultivation in the project corridor. The Tanzania Graveyard Removal Act 1968 gives room for compensation such that if there is any grave within the development project corridor, then compensation for reburial process should be made. However, for this project the three graves that have been identified within the project corridor will be properly fenced and will not be affected by the project activities. They will not be removed from their current location. 2.3 Public Consultations and Community Participation A number of public consultation meetings were held in December 2017 at the following locations along the rail route with other interested parties: Kilosa Railway Station which was attended by residents of Kasiku, Mbuni, Magomeni and Mkwatani Kimamba Railway Station Kichangani Tambuka Reli Mikese Ngerengere Railway Station Mangindu Railway Station Ruvu Railway Station Soga Ruvu Railway Station Kipawa Gongo la Mboto Mnyamani Ilala 9 Vingunguti The main objectives of the meetings were to introduce the project and to explain the resettlement principles to be applied as well as to solicit opinions from PAPs and local government authorities. It was through this mechanism that a group of petty traders was identified and was given the chance to give out its views. These petty traders are not concentrated in one location and they keep moving from one location to another within and outside the project corridor to search for customers. They are found within the corridor only when a train passes and if there is no train movement most of these petty traders will be in other areas searching for a market for their products. It should be noted that most of these petty trades focus on selling seasonal fruits and vegetables and thus they will be found only when it is the season for particular fruits and vegetables. During meetings, other members of the communities living and conducting human activities along the corridor were involved. Minutes of each meeting were taken and issues which were voiced by members from the community were properly handled and recorded. Minutes and issues raised during consultation are attached in Annex A. 2.4 Observation Visual inspections were carried out along the project corridor in order to identify physical features and land use, proposed corridor demarcations and conditions of the existing infrastructure. Nomadic livestock keepers were observed crossing and some others grazing their livestock within the project corridor. Livestock keepers move from one location to another from time to time to find pasture for their cattle. It was difficult to identify them in terms of their actual number and location as they keep moving from one point to another. Other things observed along the corridor were, cultivation of maize and vegetables within the project corridor, vandalism of rail structures along the rail route, residents/community members walking along the railway without taking any precautions for their safety. 2.5 Meetings with Key Personnel and Organizations The Consultant met the Project Implementation Team (PIT) for TIRP and the Director of Technical Services (DTS) and discussed the rail project. The Consultant also met the Chief Traffic Inspector and Station Masters along the railway route. Information so gathered by the Consultant was used as guidance in preparation of this ARAP. 2.6 Survey and Socio-economic Study of Project Affected Persons (PAPs) The purpose of the Survey and Socio-Economic Study was to describe baseline conditions of PAPs. It was conducted only with farmers who were identified as being affected by the project. Out of 14 PAPs, 13 were interviewed and their conditions recorded. During interviews, a questionnaire was used to establish the census and carry out a socio- economic survey. The Census and Socio-economic Survey were conducted in January 2018. 2.7 Cut-off Date for Entitlements Cut-off dates determine eligibility of persons. They represent the actual date that human economic activities were recorded during the census survey. For this project, the cut-off date was 19 January 2018 when interviews with affected farmers for Package A, Lots 1 and 2, took place. This will be the eligible deadline to qualify for assistance for this particular phase of the project. 10 2.8 Study Limitations This assignment faces some limitations like difficulties in identifying PAPs such as Petty Traders and Livestock Keepers. Identifying these PAPs was hard due to the transient nature of their activities. Public consultation was used as means of meeting some of these PAPs. 2.9 Disclosure of ARAP This ARAP will be approved by the Government of Tanzania and cleared/endorsed by the World Bank and disclosed locally to PAPs and stakeholders in a manner and language appropriate to the area and also disclosed in the World Bank website. It will be available to the districts, wards and villages located in the project area so that people comment or seek clarification before implementation takes place. Members of the public shall be given the opportunity to respond to the ARAP, in writing or verbally to the relevant District Executive Directors or Ward Executive Officers who will then pass responses on to RAHCO. RAHCO will also organise community meetings and seek any reactions on ARAP from members of the public. 11 CHAPTER THREE 3.0 Results of Social Economic Study along the Project Corridor The following information was elicited during the socio-economic survey census carried out with 13 interviewed farmers along the corridor for Package A, Lots 1 and 2, between Dar es Salaam and Kilosa in January 2018 during the ARAP preparations. 3.1 Heads of Households Out of the 13 household heads interviewed, 8 were male and 5 were female. A typical Tanzanian family is headed by a man, who often dominates the decision-making and production processes; this results in women being marginalized and neglected in decision-making. Three of the female household heads were widows while the remaining two female household heads were single. 3.2 Gender Distribution in Households The 13 households interviewed consist of 60 household members which also includes children; 36 are female and 24 are male. This could indicate that the male members seek employment opportunities away from their homes, hence the drop in the male-female ratio. In addition, even though female’s numbers are more than males, men still dominate in family decision-making. Despite the fact that more women till the land within the project corridor, it is the male household heads who decide what to do with the produce. 3.3 PAPs Economic Activities Most of the identified farmers are concentrated along Gongolamboto Ward in Ilala District, Dar es Salaam - five are located at Nguluka kwalala, four at Ukonga Mombasa and two at Ukonga Madafu. The rest of the farmers are located in Morogoro and Kilosa Districts with one located at Bigwa and two at Chanzulu SIDO. Main economic activities of identified PAPs are farming and small business entrepreneurship such as petty trading and masons. PAPs in Morogoro and Kilosa are mainly undertaking agricultural activities where they cultivate maize and rice; these PAPs have farms which are located in other areas and not in the project corridor. Each PAP revealed to have two to three acres farm outside the corridor where they cultivate crops as their main source of income. In Dar es Salaam, eight PAPs were found conducting agricultural activities in the corridor but agriculture is not their main economic activity. Seven of them engage themselves in petty trading in other areas not within the corridor and one is a mason. These PAPs conduct agricultural activities when they have extra time after doing their main economic activities and they do not depend on the farm produce which they get from the corridor. 12 In the project corridor, only maize and vegetable, all seasonable crops, were found to be cultivated and they are mainly used for consumption. During the interview, PAPs revealed that they are using railway land to cultivate maize crop for home use because the land is available - they do not have any expectation to use the land for more substantial production of crops. They added that what they harvest from that portion of land is very small and they cannot depend on that for their economic livelihood. Crops such as maize cultivated in the project area are seasonal and they are mainly cultivated between December and April. The size of land impacted is very small. Farmers will be given grace period to harvest their crops before construction starts. Table 1.Social Baseline Information of PAPs Size of Size of Other Affected Legal Status Type of Main Farm Marital Farm/ Id Gender Location of Land Crop Occupation Owned Status Amount of Lost/Affected Grown By The Land Lost PAP (m) Ukonga Owned by F1 Female Business NIL Widow 13.5 x 2.5 Madafu, Vegetables RAHCO Ilala District Ukonga Owned by F2 Female Business NIL Married 16.5 x 3.5 Madafu, Maize RAHCO Ilala District Ukonga Owned by F3 Female Business NIL Married 48 x 3.6 Mombasa, Maize RAHCO Ilala District Ukonga Owned by M1 Male Business NIL Married 12 x 3.7 Maize Mombasa RAHCO Ukonga Owned by F4 Female Business NIL Married 6 x 4.2 Maize Mombasa RAHCO Guluka Kwa Owned by F6 Female Business NIL Married 11 x 2 Lala, Ilala Maize RAHCO District Guluka Kwa F9 Female Business NIL Married 11 x 2 Lala, Ilala Owned by Maize District RAHCO Guluka Kwa Owned by M2 Male Mason NIL Married 11 x 2 Lala, Ilala Maize RAHCO District Bigwa, Morogoro Owned by M3 Male Farmer Two acres Married 5.4 x 0.9 Maize Urban RAHCO District Chanzuru Three Owned by M4 Male Farmer Married 19 x 1.7 Sido, Kilosa Maize acres RAHCO District Chanzuru SIDO, Owned by M5 Male Farmer Two acres Married 6.6 x 1.7 Maize Kilosa RAHCO District 13 Another group of PAPs identified were petty traders and nomads; these are treated as separate groups and not as individuals due to their transient nature. Both groups do not always use the area in the corridor and tend to come and go depending on the season, weather condition and need, due to the nature of their activities. They have been using the corridor because of the lack of previous enforcement of clearance of the area and infrequent use of the railway. The numbers of nomads and petty traders change frequently, making it impossible to identify exactly who they are and how many of them use the land. This is a reason they are treated as a group. Due to the small size of the corridor and temporary use of it by the two groups, petty traders and nomads do not depend economically on this land. The Project recognizes, however, that for safety of railway during construction and operation, and to ensure clearance of the corridor, it is imperative to provide assistance to petty traders and nomads. Nomads will be assisted to move to some other areas which are not within the corridor so that they can continue to graze their cattle in a safe way. Station Masters, Village leaders, Gangers and the Social Development Officer will work together to make sure that communication is made available to all community members by which nomads will be informed on how they can get pasture for their cattle in a controlled manner in which they will be safe. Petty traders will be given access to the corridor to continue with their business but they will be controlled to ensure safe environment during construction and operation. They will not be allowed to move randomly in the project area but rather given special IDs so that their movement is easily controlled for their safety. In addition to that, all 13 identified PAPs will be encouraged to take part in different construction activities as a way of increasing their income. They will be given first priority in employment opportunities during construction as they will be found eligible. Entitlement Matrix is attached in Annex B. 3.4 Community and Family Structures The community within the project area is traditional and largely comprises extended families. Cultural attitudes also have an influence on economic development. Therefore, any economic development within the area is consulted within communities. Communities are generally assessed as being poor or very poor. 3.5 Level of Education among Household members Household members who were either primary school leavers or still attending primary school account for 50% of all the household members, equivalent to 30 people. Secondary school leavers and those still in secondary school are 18 in number. Eleven household members have either never been to school or have not started schooling. Only one person had studied at college. The figures reflect a low skilled labour force with implications on employment considerations during project construction. This means that, in general, PAPs will only be eligible for only non- professional jobs within the project during its implementation. 14 CHAPTER FOUR 4.0 Potential Impacts of the Project on Identified PAPs Taking into consideration that this Report covers only Package A, Lots 1 and 2, of the Dar es Salaam - Isaka railway line, the following positive and negative impacts were captured. Some of these potential impacts are direct while others are indirect. This chapter summarises the anticipated railway line construction on human activities inside the 7.5 meter demarcation. 4.1 Positive Anticipated Impacts A number of positive impacts are anticipated from the project to the PAPs as well as the entire community along the corridor. Some of these impacts are on employment opportunities and efficient ways of transporting farm produce. 4.1.1 Employment opportunities During project implementation, PAPs can benefit from employment opportunities which will be available during construction. By taking part in construction activities, members of the community can secure means to cover their economic needs. 4.1.2 More efficient way of transporting farm produce Residents may expect a faster and more reliable means of transporting their farm products to other parts of the country. This will facilitate agribusiness hence more profit to the farmers. However, it is not certain that the Railway will decide to engage in such transport. 4.2 Negative Anticipated Impacts Project activities will not have any significant negative impact on the livelihoods of PAPs. To all three group of PAPs identified, the impacts can be as follows; 4.2.1 Farmers All the farmers identified will lose access to the railway ROW land that they were using for cultivation of crops for subsistence (which was anyway an unsafe practice). 4.2.2 Traders Traders will partially lose access to the railway for business except when they are allowed to conduct business with permission given from the station master. This impact is very trivial compared to improvements in their safety proposed under the project. 4.2.3 Nomadic Livestock Keepers There will be no loss to nomadic livestock keepers as they do not settle in one place for grazing. Some access to land which they periodically use to pasture their cattle will be restricted. This on the other hand works for their good as it will protect them and their cattle from many accidents in 15 which they are involved in from time to time when they graze along the corridor or cross the railway without any precaution. 4.2.4 Graves It should be noted that no impact is anticipated for identified graves as the Contractor will be instructed by the Client not to disturb the graves during construction. Photography and description of affected land is attached in Annex C. 16 CHAPTER FIVE 5.0 Policy and Legal Framework The Constitution of Tanzania defines the legal context for all aspects of human development for Tanzanians. Overall, the law ensures that project activities comply with policy requirements. Relevant policies and laws were reviewed to provide guidance for preparation of this ARAP. WB OP 4.12 (among others) was used as a base to govern this ARAP. Reference can be made to the Resettlement Policy Framework (RPF) document of the project for a detailed analysis of the legal framework. This document is available on RAHCO’s website and no changes have been made to this document. Therefore, all the policies and laws detailed in it remain relevant to the project and it is also used as a point of reference for implementation of this ARAP. Analysis of the gap between national laws and World Bank policies is described in the Resettlement Policy Framework (RPF); a summary table of the gaps is attached in Annex D. It should be noted that in case of divergence between national laws and World Bank Policy, the World Bank’s Operational Policy OP/BP 4.12 will apply. The ARAP will not provide any assistance to PAPs on the land they lose since they do not own land and they do not have any claims to it. The ARAP allows them to harvest their crops that they cultivated during the current farming season. 17 CHAPTER SIX 6.0 Impact Mitigation Measures and Implementation Arrangements Given that the 14 identified farmers do not have legal rights for the land and the size of land is very small, according to the national law and World Bank Policy OP 4.12 they will not be compensated for the land. There are no multi-year crops or fruit trees within the project corridor. They will be allowed to harvest their seasonal crops and be given information about the date for starting construction so that they do not plant further crops. Other measures proposed include the following: 6.1 Farmers  All farmers identified during the visit in January will be given time to harvest their crops; this is a three month period which started on 19 January 2018 and will end in April 2018.  RAHCO will provide public notices advising that farming along the corridor must cease; these notices will be posted at every affected station and village.  A communications campaign will be conducted initially and then periodically.  Farmers will be encouraged to seek employment opportunities which may be available during construction.  Security operations will be conducted periodically to ensure that the right of way is kept clear at all times even after completion of the project. This will be done by the safety and security department. 6.2 Graveyards  It should be noted that the three graves which have been identified will not be disturbed during project implementation.  RAHCO will follow-up to ensure that the Contractors comply with the policy.  Graveyards will be enclosed with warning tapes and signs as part of notification to the public. 6.3 Livestock Keepers  Public notices/posters will be displayed in every village; these notices will be promoting the health and safety of people who are grazing animals along the corridor.  Public announcements will be made from motor trolleys along the corridor every month where everyone will be able to receive announcements about the project and what precautions should be taken by community members especially farmers who are nomads. Security operations will be conducted periodically to ensure that the right of way is kept clear at all times even after completion of the project. This will be done by the safety and security department. 6.4 Petty Traders 18  Petty traders will be assisted by being given access to sell their products at each station. Train schedules will be given to them so that they know specific times to sell their products.  Station masters will coordinate this by giving IDs to all identified and registered traders so as to have controlled movement.  Employment opportunities will be provided for traders along the corridor; they will be encouraged to apply for work in construction activities as a means of catering for their economic need provided they have necessary skills.  A communications campaign through posters, public meetings and TV and radio programs will be conducted initially and then periodically to ensure health and safety is maintained. This campaign will cover all villages and stations along the corridor  Security operations will be conducted periodically to ensure that the right of way is kept clear at all times even after completion of the project. This will be done by the safety and security department. 7.0 Communications Plan There will be a Communications Campaign which will be launched in advance of start of construction work. A RAHCO Communications Team will visit every affected lineside community between Dar es Salaam and Isaka, and will describe what’s being done, why, how and when. Later prior to start of enhanced railway operations, this team will again visit every affected lineside community between Dar es Salaam and Isaka and will describe the new dangers to human and animal life and how everyone and everything can stay safe. Posters and media advertisements will support these missions. At all stages there will be opportunities for dialogue between Communities and the Railway. Questions will be answered in real time and by correspondence. A hotline in RAHCO is already in operation (toll-free: 0800-110042). 19 CHAPTER SEVEN 7.0 Institutional Responsibilities and Grievance Redress Mechanism RAHCO is the lead institution in implementing this ARAP. Its responsibilities include:  Overseeing the implementation of impact mitigation measures.  Monitoring and evaluation of implementation of ARAP.  Reporting on ARAP activities and indicators to the World Bank.  Ensuring that the mitigation measures efficiently delivered.  Ensuring that the grievance redress mechanism is efficient.  Clearly demarcating the RoWs of the rail assets. 7.1 Other Organizations and Agencies 7.1.1 Civil Works Contractor The Civil Works Contractor will be responsible for mitigating effects resulting from construction activities. Construction activities will be monitored closely by RAHCO and the Supervision Consultant to ensure compliance of the temporary mitigating measures. 7.1.2 World Bank Besides overseeing the Project periodically, the WB will review ARAP and reports about its implementation and monitoring. 7.1.3 Local Government Authorities, District Level Each District Executive Director (DED) is to be consulted as the main party responsible for overseeing the implementation of the ARAP. The District Community Development Departments will then collaborate with the Social Development Officer of RAHCO in the planning and implementation of this ARAP. Ward Level: DED will communicate to the respective Ward Executive Officers (WEO) to provide the necessary support for the success of ARAP implementation in:  Organising meetings  Communicating with grass root village leaders  Participating in grievance redress whenever it arises  Participating in community engagement meetings 20 Village Level: Village chairpersons in rural settings and street leaders in urban settings will be responsible for the application of ARAP through the Village Councils. Their responsibilities include:  Mobilization and sensitization of PAPs  Providing communication channels for grievances between PAPs and higher authorities  Participating in the monitoring and evaluation of ARAP  Facilitating in the consultation of PAPs  Ensuring that the grievance mechanism is efficient. 7.2 Grievance Redress Mechanism The proposed ARAP includes a mechanism to ensure that entitlements are effectively transferred to the PAPs and there is proper disclosure of information and consultations with the affected community. However RAHCO has an established Grievance Mechanism Committee which responds to people’s queries and addresses all matters pertaining to the project. The committee comprises a Project Coordinator, Social Development Officer, Project Engineer, Ward Executive Officer, Station Masters, Gangers and Village Leader from each local village along the ROW. The same committee is suitable to respond to all grievances which arise from PAPs identified in this ARAP .There will be additional members of committee; these are representative of PAPs from every ward were there are identified PAPs. These PAPs will be in the committee only to respond to issues related to the implementation of this ARAP. Grievances which are acceptable by this committee are disturbances resulted from project activities and those which are related to mitigation measures stipulated in this ARAP including disturbance of graves by the Contractor during construction, destruction on PAPs’ crops before harvesting time and when traders are not given access to sell their products in the project corridor as agreed in this ARAP. 7.3 Grievance Redress Mechanism Procedure. Grievance expression and management mechanism will utilize existing local structures and channels of communication which starts from the traditional institutional set up that uses the village structure of authority to channel grievances to RAHCO. Any person or PAPs with an issue regarding implementation of this ARAP or impacts of the Project from current or planned activities will launch their grievance(s) through their local leader who in turn will take it to the station masters and then the committee will address the grievance. All PAPs will be informed on how to register grievances or complaints including specific concerns as part of the RAHCO communication campaign. The PAPs should also be informed about the GRM. The ARAP Team will produce a report containing a summary of all grievances. A sample grievance form has been provided in Annex E. 21 CHAPTER EIGHT 8.0 Implementation Schedule and Cost and Budget The rehabilitation of the railway line is expected to start in May 2018. Before mobilizing the contractor to site, all human activities being carried out within 7.5 meters from the centre line have to cease and the site cleared. Therefore, some of the ARAP implementation activities must be implemented as soon as possible. In this regards, an implementation schedule of these activities which synchronize with project implementation has been prepared: Table 1: Implementation Schedule of ARAP Mar 2018 May 2018 Feb 2018 Dec 2017 Jan 2018 Aug 2018 Nov 2018 Jun 2018 Oct 2018 Sep 2018 Jul 2018 Apr 208 S/No. Responsible Task Agency Completion of draft ARAP X Consultant 1 Approval of Draft ARAP X RAHCO / World 2 Bank Training of RAHCO staff and X X RAHCO others in ARAP 3 implementation Communication campaign to X X X X X Social the community Development Officer/Public 4 relations Officer/Project Engineer 22 Mar 2018 May 2018 Feb 2018 Dec 2017 Jan 2018 Aug 2018 Nov 2018 Jun 2018 Oct 2018 Sep 2018 Jul 2018 Apr 208 S/No. Responsible Task Agency PAP/Community consultation X X X X X X X X X X X X Social and Engagement Development 5 Officer/Project Implementation Team Notification of assistance X Social measures Development 6 Officer / Project Coordination Team Grievance mechanisms and X X X X X X X X X X Grievances Redress 7 procedures Committee Performance monitoring X X X X Project Coordination Team 8 External evaluation X Independent 9 (bi-annual for three years Evaluator 23 8.1 Costs and Budget Since the scale of impact of the project is very minimal and no monetary compensation will be provided to the PAPs, no item is to be indicated in the budget. Time of specialists to supervise and monitor the implementation of ARAP, mitigation measures for all PAPs including petty traders and nomads will be covered internally by RAHCO. The exact number of petty traders is hard to identify thus the budget will be adjusted on rolling bases reflect on the number of applicants for IDs. 24 CHAPTER NINE 9.0 Monitoring and Evaluation Internal and external monitoring are proposed for the project. Internal monitoring of ARAP implementation will be the responsibility of the Social Development Officer who will be responsible for monitoring and evaluation of ARAP activities, as well as performance of the GRM. The officer will prepare simple formats for monitoring social plans. These formats will be duly filled every month by railway station staff and sent to the Social Development Officer. Regular reports on implementation of the ARAP and performance of the GRM will be submitted to the WB. For mid-term and post-activity, external monitoring and evaluation will be done by a consultant or outsourced to a qualified practitioner as per the project design outlined in the Project Appraisal Document. Since the scale of impact of the project is small, there is no monetary compensation. Monitoring will be done by ensuring that identified farmers are able to harvest their crops and properly informed not to cultivate again. There are no vulnerable groups and no additional assistance and monitoring of provision of such assistance is needed under this ARAP. The Grievance Redress Mechanism will continue working throughout the project implementation. Employment process by the contractor will also be monitored to make sure that all eligible PAPs are considered for employment opportunities. Monitoring will also be conducted periodically to assure that Identified graves are well preserved by the contractor. There will be monitoring on how petty traders and nomads are handled during and after construction. This will be in terms of access given to them to conduct their activities and their right to be given information and give their feedback. Also, the safety of the areas allocated for them to conduct their activities will be monitored. 9.1 Evaluation There will be a mid-term and a post-activity evaluation of the implementation of the ARAP. On both occasions, a comprehensive socio-economic survey of the PAPs will be conducted. The results of these surveys will be compared to baseline information obtained from the census survey to gauge the effectiveness of the rehabilitation process over time. Prior to the beginning of the civil works, the review will verify among things:  Clearance of the ROW  Quality of interaction between RAHCO and PAPs.  Effectiveness of the mitigation measures, include the communication campaign  Effectiveness of the GRM 25 ANNEXES 26 Annex A: Minutes of Public Consultation Meetings S/ Village /Institution Issues, concerns and comments Consultants’ Comments N raised by residents and community leaders 1 Kilosa Railway Station The meeting at Kilosa A better rail system Okay Railway Station covered the following wards Concerns and comments  Kasiku The Village leaders urged the The Consultant thanked the residents conducting small leaders for the warning  Mbuni businesses and cultivating within the 7.5 metre demarcation at the station  Magomeni to stop so that the contractor may  Mkwatani start work at any time. The Village leaders urged residents to The Consultant thanked the learn from the exercise and in future leaders for the warning should follow rules and regulations and find out where they are allowed by the law to construct, cultivate or conduct business. Clarification was sought over The Consultant explained that whether or not those affected by the they are affected 30 metre demarcation would be affected by the 7.5 metre limit. 2 Kimamba Railway Comments and concerns Response from the consultant Station The refurbished rail line will provide a Okay better and faster means of transporting their farm produce The resident sought clarification on The Consultant gave a physical the 7.5 metre demarcation demonstration of the 7.5 metre demarcation at the railway line. The petty vendors conducting The Consultant advised the petty business in foodstuffs would lose traders immediately to start markets and regular customers once looking for alternative business 27 construction commences premises in collaboration with the village leaders. 3 Kichangani Concerns and comments Residents wanted to know if they The Consultant advised them to stopped cultivation in the restricted leave all the 30 metres free as it area of 7.5 meters if they would be belongs to the rail company allowed to farm on the rest of the 30 metres that is reserved for the railway. The Village leaders advised the residents to stop all human activities within the 7.5 meter demarcation with immediate effect to allow for the refurbishment to start 4 Tambuka Reli Comments and concerns Consultant’s Comments A more efficient rail system Residents were concerned that the The Consultant advised the crops they have just planted in the residents to seek alternative restricted area will not be harvested. farming land outside the 30 metre demarcation. And also assured them that they will be given grace period to harvest their crops The residents kindly asked that Point was noted RAHCO clearly marks the railway boundaries. Residents asked the rail company to Point was noted and delivered to keep the restricted area of 30.0 RAHCO meters clear of bushes because without the cultivation the rail track would get lost in a forest. The residents said with the refurbishments they are requesting for clearly marked level crossings for the Maasai livestock keepers. 28 5 Mikese Comments and concerns Consultant’s Comments One of the residents said that since The Consultant said the 30 he grew up in the RoW he wanted to metres from the centre of the rail know if there was anything wrong if line belongs to the railways and he continued cultivating with the 7.5 no one else. The railway has a metre demarcation. title deed for that land for many years. The land belong to Railway therefore his not allowed to carry out any human activities in the 7.5m from centre line of the raiway line The same resident said he was The Consultant said any informed that people are allowed to cultivation whether manual or cultivate manually within the RoW mechanised is not allowed on the but should not use tractors. railways property. The residents said they were hearing RAHCO owns 30 metres from the about the 7.5 metre demarcation for centre of the railway line, the first time and that they would like therefore those carrying out any RAHCO to broadcast timely human activities within that land announcements should immediately quit. RAHCO will provide conduct campaigns to keep community informed. The village leaders asked the residents to respect the law especially when it came to land issues. 6 Ngerengere Railway Comments and concerns Consultant’s Comments Station The village leadership informed the residents that anyone undertaking human activities within project corridor should cease with immediate effect as refurbishment on the Intermodal rail will start anytime. The village leadership said the residents should start vacating the premises voluntarily and not wait to be removed by force. The residents identified the human 29 activities as cultivation, livestock keeping and petty vending The residents requested the railway Ok authorities to clearly mark the railways land clearly The village leader said since the residents have been informed about clearing the 30 meters demarcation henceforth people conducting human activities will not be entertained. The residents wanted to know when The Consultant said the project the refurbishment will start so that could start from anytime now they get organised and that the residents should start seeking alternative locations immediately. The residents said that with the refurbishment of the rail they would Ok like clearly marked level crossings so that livestock keepers can cross the rail line at specific points so as not to damage the infrastructure. Residents were reminded to respect the rail infrastructure 7 Mangindu Railway Comments and concerns Consultant’s Comments Station The railway staff were happy to report that hardly any cultivation is currently being undertaken within the 7.5 meter demarcation. The most profound human activity is livestock keeping done mainly by the Maasai The residents said they wanted to be The Consultant warned the considered first for job opportunities residents that most of the jobs that will come with the project connected to the project require specialised skills. The Consultant added that the job opportunities that will be advertised will be open to all Tanzanians; however, unskilled job can be given to villagers residing in the project area. 30 The residents asked for clarification The consultant explained that the of the 7.5 metre demarcation demarcation falls in the 30 meters restriction that is already land owned by the rail company. 8 Ruvu Railway Station Comments and concerns Consultant’s Comments Residents sought clarification over The Consultant explained that the 7.5 metre demarcation the 7.5 metres is measured for the centre of the rail track. The residents said that the little cultivation of land that is done within the 7.5 metre demarcation is done on the opposite side of Ruvu Station 9 Soga Comments and concerns Consultant’s Comments One resident specifically wanted to The Consultant gave a practical know the actual length of a meter demonstration and advised the meeting to get a tape measure and carry out measures to satisfy their curiosity Residents sought clarification as to The Consultant assured the whether the 7.5 meter demarcation residents that the project was part of the 30 meter of the RoW corridor is measured from the of land owned by the railways centre of the rail track. 10 Pugu Railway Station Comments and concerns Consultant’s Comments One resident said that he was of the The Consultant said the railway opinion that anyone who cultivates owns 30 meters of the land on on the railway land is automatically either side of the rail line and considered a guard of the railway anyone cultivating is an encroacher not a guard. Another resident suggested that Point taken for further action RAHCO educates livestock keepers who insist on crossing their heads of cattle at the rail station Other residents sought clarification The Consultant explained further on the 7.5 metre demarcation the demarcation Other residents said that they cultivate crops on land belonging to the rail company for security reasons otherwise the land would be a wild bush as RAHCO does not clear the bushes. They said that after clearing the bushes they are tempted to grow 31 crops. The residents requested that RAHCO Point taken for further action clearly demarcates the boundaries of their land. 11 Kipawa Comments and concerns Consultant’s Comments The residents had already been The residents were assured that affected by the demolition of homes RAHCO was not asking for an and business premises of the 30 extra 7.5 meters. metre demarcation and were worried that RAHCO was requesting for an extra 7.5 metres The residents wanted to know why it The residents were assured that was necessary for the people the data collected would not be conducting human activities within used to prosecute the petty the 7.5 meter demarcation to register vendors but will be used for their names purposes of planning. The village leadership wanted to The residents were told that know what would happen to RAHCO would look into the issue. infrastructure like water pipelines However, it is not expected that and electricity poles and lines that lie there are water pipes in 7.5. from within the 7.5 metre demarcation. the center line of the railway. The residents requested RAHCO to Point taken clearly mark the demarcation of their land The residents requested that RAHCO sends out timely announcements on developments of the rail line that will affect them directly. The leadership requested that an awareness campaign is carried out in every street under Kipawa Ward as a majority of the petty traders had missed out. 12. Gongo la Mboto Comments and concerns Consultant’s Comments Residents sought clarification as to The Consultant assured them whether the 7.5 meter demarcation that the 7.5 meter is measured is part of the 30 meter restriction from the centre of the rail track. The residents wanted to know if they left the 7.5 meters free if they could continue with their businesses within the remaining 22.5 meter of the RoW 32 The residents requested RAHCO to put up sign posts to clearly mark the 7.5 meter demarcation The residents said they would like the government to find an alternative location for them to conduct their businesses. The community leadership said that a The consultant encouraged the location was being negotiated at a leaders to take that opportunity place popularly known as Kilitex but seriously as one measure of the process is taking too long and the sorting out the petty traders space is supposed to be shared with a problem of alternative location/ health facility and a primary school. premise for trading and move out of project corridor. The leadership cautioned the residents that since they had heard the warning they should with immediate effect start seeking alternative locations to conduct their businesses. 13 Mnyamani Comments and concerns Consultant’s Comments The residents sought clarification The Consultant explained that over the 7.5 meter demarcation the 7.5 meter demarcation is measured form the centre of the rail track. The residents wanted to know what The Consultant assured the would be done with the list of names residents that the data collected of people conducting business in the will be used for planning restricted area. purposes. 33 Annex B: Entitlement Matrix Persons Affected by Type of Impact Entitlement the Project Farmers Loss of access to  Farmers will be given grace period to Railway land for harvest their crops which are cultivation currently in the corridor.  They will be given priority to take part in construction activities for those who will be interested and eligible.  Most farmers who are also doing business as their main economic activities will be given access to sell their products within the corridor by guidance from the station masters. Traders Partially loss of access  They will be given access to sell their to the railway for their products in each station before, business during and after construction in a controlled manner so that they conduct their business in safely manner.  They will be given priority for employment opportunities in the corridor during construction by if found eligible. Nomads Nomads will have  Nomads will be allocated by village nothing to lose as they leaders to some areas outside the do not have specific corridor where they can graze their places where they use cattle. to graze their castles.  There will be control to ensure that Only access to the they are outside the corridor for their railway land will be own safety. restricted. This will be with the aim of protecting them from accidents. 34 Annex C: Photography and Description of Affected Plots PAPS VERIFICATION FORMS Form No.1 1.0 Chainage (Km) 13.5 2.0 GPS Coordinates E:519371.19 N: 9239798.00 3.0 Location Ukonga Madafu 4.0 Section Karakata-Pugu 5.0 Inspection Date 17/01/2018 6.0 Property Description Maize farm extending to adjacent street round 6.1 Size 16.5m x 3.5m 6.2 Usage Farming 6.3 Temporary/ Permanent Temporary 7.0 Sketch Photograph 8.0 Encroachers’ Names V. M 35 Form No.2 1.0 Chainage (Km) 13.52 2.0 GPS Coordinates E 519371.19 N 9239996.51 Location Ukonga Madafu 4.0 Section Karakata-Pugu 5.0 Inspection Date 17/01/2018 6.0 Property Description Vegetable garden(Matembele) 6.1 Size 13.3m x 2.5m 6.2 Usage Farming 6.3 Temporary/ Permanent Temporary 7.0 Sketch Photograph 8.0 Encroachers’ Names M. K 36 Form No.3 1.0 Chainage (Km) 14.65 2.0 GPS Coordinates E 518011.41 N;9239693.53 3.0 Location Ukonga Mombasa 4.0 Section Karakata Pugu 5.0 Inspection Date 17/01/2018 6.0 Property Description Maize farm (portion extending to TIRP Corridor) 6.1 Size 3.6m x 48m 6.2 Usage Farming 6.3 Temporary/ Permanent Temporary 7.0 Sketch Photograph 8.0 Encroachers’ Names H.S 37 Form No.4 1.0 Chainage (Km) 14.75 2.0 GPS Coordinates E.518011.41 N 9239693 .53 3.0 Location Ukonga madafu 3 4.0 Section Karakata Pugu 5.0 Inspection Date 17/01/1018 6.0 Property Description Maize farm extending to the corridor 6.1 Size 33m x 31m 6.2 Usage Farming 6.3 Temporary/ Permanent Temporary 7.0 Sketch Photograph 8.0 Encroachers’ 1. I.I (12m x 3.7m) Names 2. F.I (6m x 4.2m) 38 Form No.5 1.0 Chainage (Km) 15.53 2.0 GPS Coordinates 3.0 Location 4.0 Section 5.0 Inspection Date 6.0 Property Description Maize farm (portion extending to TIRP Corridor) 6.1 Size 3.6m x 4.3m 6.2 Usage 6.3 Temporary/ Permanent Temporary 7.0 Sketch Photograph 8.0 Encroachers’ Names F.M 39 Form No.6 1.0 Chainage (Km) 17.05 to 17.10 2.0 GPS Coordinates E 516066.25 N 9238812.51 3.0 Location Mwisho wa lami 4.0 Section Karakata -Pugu 5.0 Inspection Date 17/01/2018 6.0 Property Description Maize farm(portion extending to the corridor) 6.1 Size 55m x 2m 6.2 Usage Farming 6.3 Temporary/ Permanent Temporary 7.0 Sketch Photograph 8.0 Encroachers’ Names 1. L.S 2. F.O (5 in Total) 3. E.J 4. F.K 5. A.M 40 Form No.7 1.0 Chainage (Km) 277 2.0 GPS Coordinates E 286585.63 3.0 Location Chanzulu -Kilosa 4.0 Section Kiruba-kilosa 5.0 Inspection Date 19/01/2018 6.0 Property Description Maize farm extending to TIRP corridor 6.1 Size 1.7m x19m 6.2 Usage Farming 6.3 Temporary/ Permanent Temporary 7.0 Sketch Photograph 8.0 Encroachers’ Names A. M 41 Form No.8 1.0 Chainage (Km) 277 2.0 GPS Coordinates E286554.37 N 924744797 3.0 Location Chamvuli-Kilosa 4.0 Section Kimamba- Kilosa 5.0 Inspection Date 19-1-2017 6.0 Property Description Maize farm portion extending to TIRP corridor 6.1 Size 66m x 1.7m 6.2 Usage Farming 6.3 Temporary/ Permanent Temporary 7.0 Sketch Photograph 8.0 Encroachers’ Names K.N 42 Annex D: Summary Table of the Gaps between WB Policies and Tanzania Laws Types of Tanzanian Law World Bank OP 4.12 Comparison/Gaps Mitigation Measures affected Land Owners Persons/Lost The Land Acquisition Act, the Displaced persons are classified into There is no gap between Under the project, the WB Assets Land Act 1999 and the Village three groups: Tanzania and OP 4.12 as far as policies will be followed and Land Act 1999 have it clearly that (a) those who have formal legal those with formal legal rights lost assets as defined under OP land owners, with or without rights including customary and and those without formal legal 4.12 will be applied. formal legal rights, are entitled to traditional rights; rights but have a claim to land full, fair and prompt compensation. (b) those who do not have formal and assets are concerned They also get disturbance legal rights to the land but have a However, the lost assets in allowance, transport allowance, claim to such land or assets provided Tanzania are restricted to land accommodation allowance and that such claims are recognized and developments on land, and loss of profit if they were in actual under the law of the country where relevant, loss of profits. occupation of the acquired (c) those who have no legal The lost assets under OP 4.12 property. rights to the land they are occupying are much wider than land and Lost assets are limited to Person covered under categories (a) include loss of access to “unexhausted improvements”, that and (b) above, are provided livelihoods and standard of is the land and developments on compensation for the land they other living and seeks to improve the land. assets they lose and are entitled to them or at least to restore them The law does not cover economic full, fair and prompt compensation to pre-displacement levels and social impacts of relocation as well as other relocation and as such socio-economic assistance. surveys are not part of the land Those under (c) are provided acquisition process resettlement assistance which may consist of land, other assets, cash, and employment and so on, as appropriate. Socio-economic impacts to PAPs are taken into consideration in preparing the RAP. 43 Types of Tanzanian Law World Bank OP 4.12 Comparison/Gaps Mitigation Measures affected Persons/Lost Tanzanian law does not recognize PAPs are entitled to some form of Land WB OP 4.12 recognizes a wider Under the project the WB Assets Tenants/Squatte tenants as being entitled to compensation whatever the spectrum of PAPs. The categorization of PAPs will be rs compensation legal/illegal recognition of their Tanzania spectrum is limited to used and tenants will be occupancy those who can prove proprietary recognized as PAPs. rights. It does not include tenants Squatters may be paid Squatters may fit under category (c) WB OP 4.12 recognizes those Under the project squatters compensation on the whims of the above and are provided resettlement without recognizable legal right will be recognized under OP government. assistance in lieu of compensation or claim to land they occupy, 4.12 and compensated assets. for the land they occupy as well as therefore could include In some cases however they are other relocation assistance. squatters among the PAPs who not paid. This include those who are entitled to resettlement construct on road reserves 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 WB OP 4.12 includes displaced Under the project OP 4.12 will acquisition and compensation is persons who have no recognizable be applied to identify land limited to those who can prove de legal right or claim to the land they users. jure or de facto land ownership. are occupying Users are not covered Owners of non- Tanzanian law makes no Under the WB OP 4.12 permanent The gap between Tanzania and permanent differentiation between owners of and non-permanent buildings need to WB OP 4.12 is about eligibility, Owners of buildings permanent and non-permanent be compensated. which is hinged upon formal permanent 44 Types of Tanzanian Law World Bank OP 4.12 Comparison/Gaps Mitigation Measures affected Persons/Lost Buildings buildings. As long as ownership or informal ownership. Under the project the full Assets can be proved compensation is Where however, the displaced While, in Tanzania, replacement cost of structures persons have no recognizable legal compensation is based on as defined under OP 4.12 will payable. be applied. Determination of compensation is rights they are to be provided with market value, determined using based on the market value of the resettlement assistance in lieu of the depreciated replacement property. In practice though, the compensation for the land they cost approach for developments depreciated replacement cost on land, WB OP 4.12 requires approach is used, meaning that occupy, as well as other assistance. that compensation should be PAPs do not get the full Cash compensation levels should sufficient to replace the lost replacement cost of the lost assets. be sufficient to replace the lost land land and other assets at full and other assets at full replacement replacement cost. cost in local markets. Timing of Tanzanian law requires that In terms of timing, both The project will ensure that the compensation compensation be full, fair and WB OP 4.12 displaced persons are Tanzanian laws and WB OP compensations are paid in payments prompt. Prompt means it should be provided prompt and effective 4.12 require that compensation timely manner. paid within six months, failure to compensation at full replacement be paid promptly. do which attracts an interest rate cost for losses of assets directly equivalent to the average rate attributable to the project before This however, rarely happens in offered by commercial banks on construction starts. practice as can be testified from fixed deposits. may projects that have involved large scale land acquisition. 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. 45 Types of Tanzanian Law World Bank OP 4.12 Comparison/Gaps Mitigation Measures affected Persons/Lost Calculation of According to the Land WB OP 4.12 requires that the Tanzania law provides for the Under the project the full Assets compensation replacement cost of structures Assessment of the value of Land displaced persons be provided with calculation of compensation on as defined under OP 4.12 will and valuation for Compensation) Regulations, prompt and effective compensation the basis of the market value of be applied. No deduction for 2001, as well as the Village Land at full replacement cost for losses of the lost land and unexhausted depression will be made. Regulations, 2001, compensation assets attributable direct to the improvements, plus a for loss of any interest inland project. disturbance, accommodation, shall include the value of and accommodation allowance, unexhausted improvements, Replacement cost is the method of and loss of profits where disturbance allowance, transport valuation of assets that helps applicable. allowance, accommodation determine the amount sufficient to Since depreciation is applied, allowance, and loss of profits. replace lost assets and cover the amount paid does not in transaction costs. Depreciation is not most cases amount to that The basis for assessment any land to be taken into account when required to replace the lost assets. Besides, other types of and unexhausted improvement for applying this method. assets (besides land) are not purposes of compensation is the For losses that cannot easily be taken into consideration. market value of such land. valued or compensated in monetary terms (e.g. access to public services, The market value is arrived at by customers and suppliers, or to fishing, grazing or forest areas) the use of comparative method attempts are made to establish access evidenced by actual recent sales to equivalent and culturally of similar properties; or by the use acceptable resources and earning opportunities. 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 46 Types of Tanzanian Law World Bank OP 4.12 Comparison/Gaps Mitigation Measures affected Persons/Lost recent sales, but these are usually Assets not transparent. As for unexhausted improvements in terms of buildings and other civil infrastructure, the depreciated replacement cost approach is used Relocation and Tanzanian laws do not provide OP 4.12 stipulate that where project Tanzanian law provides for Allowances under Tanzania Resettlement for relocation and resettlement. impacts include physical relocation, transport allowance for 12 tons laws will be provided However, there are a few cases measures should be taken to ensure of luggage for up to 12 where the government has that the displaced persons are: (i) kilometres from the acquired provided both compensation and provided with assistance (such as land, provided the displaced alternative land, but this has been moving allowance) during person was living on that land. done at its discretion. In general relocation; and (ii) provided with In lieu of housing however, the government feels residential housing, or housing sites, accommodation allowance is that it has discharged its duty or, as required, agricultural sites for made in the form of rent for 36 once compensation is paid, and it which a combination of productive months. is up to the displaced persons to potential, locational advantages and resettle and re-establish other factors is at least equivalent to Occasionally, in a themselves elsewhere. the advantages lost. discretionary manner alternative land is awarded. Completion of The government can, under the WB OP 4.12 stipulates that it is The Land Acquisition Act, All compensation will be paid resettlement and law, take possession of the necessary to ensure that 1967, allows the government before the commencement of the civil works compensation acquired land at the end of the displacement or restriction to access to take possession of the notice to acquire period, before does not take place before necessary acquired land before paying paying compensation. measures for resettlement are in compensation. place. In particular, taking of land Current practice however is such and related assets may take place Current practice endeavors to that possession is usually after the only after compensation has pay compensation before taking payment of compensation possession of the land. whereby the displaced persons are given time 47 Types of affected Tanzanian Law World Bank OP 4.12 Comparison/Gaps Mitigation Measures Persons/Lost Assets to vacate the land, which been paid, and where applicable, is usually as soon as resettlement sites and moving possible allowance have been provided to the displaced persons. Livelihood restoration There are no legal WB OP 4.12 provides that the There are no transitional The project will ensure that and assistance provisions requiring the resettlement plan or policy include measures provided for under livelihoods of PAPs will be government to restore measures to ensure that the displaced Tanzanian law and practice; nor restored to comply with Banks livelihood or to provide persons are (i) offered support after are there provisions for requirements. assistance towards the displacement for a transitional compensation as a result of restoration of such period, based on a reasonable restrictions to access to livelihoods. estimate of the time likely to be livelihood. The Tanzanian law needed to restore their livelihood and does not make provisions Indeed, compensation is standard of living; and, (ii) provided requiring the government to pay not payable in the case of with development assistance in special attention to vulnerable restrictions to access to addition to compensation measures, groups in the administration of areas of livelihood such as land preparation, credit compensation opportunities. facilities, training or job opportunities. Moreover there are no provisions that require the Consultation and government There scanty pay special WB OP 4.12 requires that displaced The provisions in WB OP 4.12 The PAPs will be consulted to provisions disclosure attention to vulnerable related to consultation and persons are (i) informed about their requiring consultation and and the relevant documents groups or indigenous disclosure in Tanzanian options and rights pertaining to disclosure have no equivalent in disclosed per the OP 4.12. peoples law. resettlement; and, (ii) consulted on, Tanzanian law and practice offered choices among, and provided The notice, under the with technically and economically Land Acquisition Act, feasible resettlement alternatives. informs land owners about the President’s need to acquire their land, and their right to give objections. The Land Act 48 allows displaced persons to fill in forms Types of affected Tanzanian Law World Bank OP 4.12 Comparison/Gaps Mitigation Measures Persons/Lost Assets 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. Grievance Under s. 13 of the Land WB OP 4r.12 provides that The law in Tanzania does not The project will have a mechanism and Acquisition displaced persons and their provide for the establishment of Grievance Redress Mechanism dispute resolution Act, where there is a dispute communities, and any host grievance resolution throughout the life cycle of the or communities receiving them, are mechanisms specific to project. disagreement relating to any provided with timely and relevant particular resettlement cases. of .the information, consulted on following matters: resettlement options, and offered (a) the amount of opportunities to participate in compensation; planning implementing and (b) the right to acquire the monitoring resettlement. Appropriate land; and accessible grievance (c) the identity of persons mechanisms must be established for entitled to compensation; these groups (d) the application of section 12 to the land; 49 Types of affected Tanzanian Law World Bank OP 4.12 Comparison/Gaps Mitigation Measures Persons/Lost Assets (e) any right privilege or liability 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 (g) 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. 50 Annex E: Sample of Grievance Redress Mechanism form. Name (Filer of Complaint): __________________________________ ID Number: __________________________________ (PAPs ID number) Contact Information: __________________________________ (Village; mobile phone) Nature of Grievance or Complaint: ______________________________________________________________________________ _______ ______________________________________________________________________________ _______ Date Individuals Contacted Summary of Discussion ____________ __________________ ___________________________ Signature_______________________ Date: ____________ Signed (Filer of Complaint): ______________________________________ Name of Person Filing Complaint :__________________________( if different from Filer) Position or Relationship to Filer: __________________________________ Review/Resolution Date of Conciliation Session: ______________________________________ Was Filer Present? : Yes No Was field verification of complaint conducted? Yes No Findings of field investigation: ______________________________________________________________________________ _______ ______________________________________________________________________________ _______ Summary of Conciliation Session Discussion: ______________________________________________________________________________ _______ ______________________________________________________________________________ _______ Issues _____________________________________________________________________________ Was agreement reached on the issues? Yes No If agreement was reached, detail the agreement below: If agreement was not reached, specify the points of disagreement below: ______________________________________________________________________________ ______ Signed (Conciliator): ___________________________ Signed (Filer): ________________ Signed: ___________________________ Independent Observer, Date: ___________________________ 51