UNITED REPUBLIC OF TANZANIA MINISTRY OF WORKS, TRANSPORT AND COMMUNICATION TANZANIA INTERMODAL AND RAIL DEVELOPMENT PROJECT (TIRP) REHABILITATION OF RAILWAY LINE INCLUDING TRACK RENEWAL AND BRIDGES BETWEEN DAR ES SALAAM AND ISAKA ABBREVIATED RESETTLEMENT ACTION PLAN PACKAGE B, KILOSA-ISAKA FINAL REPORT May 2018 TABLE OF CONTENTS EXECUTIVE SUMMARY ........................................................................................................... 1 LIST OF ABBREVIATIONS AND ACRONYMS ...................................................................... 5 CHAPTER ONE ............................................................................................................................ 6 1.1 Introduction ........................................................................................................................... 6 1.2 Scope of the Abbreviated Resettlement Action Plan ............................................................ 6 1.3 Principles Governing ARAP ................................................................................................. 7 CHAPTER TWO ........................................................................................................................... 8 2.1 Study Methodology............................................................................................................... 8 2.2 Number of Project Affected Persons .................................................................................... 8 2.3 Survey and Socio-economic Study of Project Affected Persons (PAPs) ............................. 9 2.4 Cut-off Date for Entitlements ............................................................................................... 9 2.5 Study Limitations .................................................................................................................. 9 2.6 Disclosure of the ARAP...................................................................................................... 10 CHAPTER THREE ..................................................................................................................... 11 3.1 Results of Socio-Economic Study along the Project Corridor............................................ 11 3.2 Heads of Households .......................................................................................................... 11 3.3 Gender Distribution in Households .................................................................................... 11 3.4 PAPs Economic Activities .................................................................................................. 11 3.5 Level of Education among Household members ................................................................ 13 CHAPTER FOUR ........................................................................................................................ 14 4.1 Potential Impacts of the Project on Identified PAPs ........................................................... 14 4.2 Positive Anticipated Impacts .............................................................................................. 14 4.2.1 Employment opportunities .................................................................................................. 14 4.2.2 More efficient way of transporting farm produce ............................................................... 14 4.3 Negative Anticipated Impacts ............................................................................................. 14 4.3.1 Farmers ............................................................................................................................... 14 4.3.2 Traders ................................................................................................................................ 14 4.3.3 Nomadic Livestock Keepers ............................................................................................... 15 CHAPTER FIVE ......................................................................................................................... 15 5.1 Policy and Legal Framework .............................................................................................. 15 CHAPTER SIX ............................................................................................................................ 16 6.1 Impact Mitigation Measures and Implementation Arrangements ...................................... 16 i 6.2 Farmers ............................................................................................................................... 16 6.3 Livestock Keepers ............................................................................................................... 16 6.4 Petty Traders ....................................................................................................................... 16 6.5 Communications Plan ......................................................................................................... 17 CHAPTER SEVEN ..................................................................................................................... 17 7.1 Institutional Responsibilities and Grievance Redress Mechanism ..................................... 17 7.2 Other Organizations and Agencies ..................................................................................... 18 7.2.1 Civil Works Contractor ....................................................................................................... 18 7.2.2 Local Government Authorities, District Level ................................................................... 18 7.3 Grievance Redress Mechanism ........................................................................................... 18 7.4 GRM Procedures ................................................................................................................. 18 7.5 GRM Committee................................................................................................................. 19 CHAPTER EIGHT ...................................................................................................................... 20 8.1 Implementation Schedule.................................................................................................... 20 8.2 Costs and Budget ................................................................................................................ 22 CHAPTER NINE ......................................................................................................................... 23 9.1 Monitoring and Evaluation ................................................................................................. 23 9.2 Evaluation ........................................................................................................................... 23 ANNEXES ................................................................................................................................... 24 Annex A: Summary of issues raised during discussions with each PAP. ................................... 24 Annex B: Entitlement Matrix....................................................................................................... 25 Annex C: Photography and Size of Affected Farms. ................................................................... 26 Annex D: Summary Table of the Gaps between WB Policies and Tanzania Laws .................... 41 Annex E: Sample of Grievance Redress Mechanism form. ........................................................ 48 LIST OF TABLES Table 1:Social baseline information of interviewed PAPs ........................................................ 12 Table 2:Implementation Schedule of ARAP .............................................................................. 20 Table 3:Tentative Budget For Mitigation Measures and GRM. .............................................. 22 LIST OF FIGURES Figure 1:Area covered by the project ........................................................................................... 2 Figure 2:Map showing location of PAPs ....................................................................................... 8 ii EXECUTIVE SUMMARY The Ministry of Works, Transport and Communication through TRC (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 has major four components as scribed below: Component A: Improvement of Rail Infrastructure This component involves rehabilitation of Railway Track and Structures (Bridges and Culverts) Rehabilitation Works from Kilosa – Isaka 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 TRC (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 to 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 B only which is Kilosa -Isaka section.1 Area covered by the project is indicated in the figure 1. Area covered by the project is indicated in Figure 1. Figure 1:Area covered by the project 1 The ARAP for package A, Dar es Salaam to Kilosa, was prepared separately, cleared by the Bank and publicly disclosed in-country and by the WB. 2 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 20.61sq.km. This area needs to be cleared before commencement of railway rehabilitation. Due to this fact, people who are conducting human activities within 7.5m both sides of the railway track have to be moved for the project to be implemented. According to 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 4.12 states that when less than 200 people are impacted by Project activities, there is no physical resettlement and less than 10 percent of PAPs’ productive assets are lost, 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:  Review of relevant background reports and documentation  PAPs identification field visit.  Observation.  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 During the site visits in February and April 2018, 17 farmers were identified and interviewed; eleven (11) PAPs are railway workers, where main source of their income is through employment, five (5) PAPs depends on agriculture as their main economic activity and all of the five have their main farms located outside the project corridor. Only one PAP was found to be a business man. All PAPs conduct their activities in the corridor on temporal bases and they are all aware that the land does not belong to them and they are ready to move at any time. Petty traders were not identified during the site visits but there was information from station masters that petty traders conduct their activities on temporary bases especially when there are passenger trains coming through. Livestock keepers were observed crossing the railway but it was difficult to meet them and most of these livestock keepers are nomadic in nature. So, in this case petty traders and nomadic livestock keepers have been addressed as a group and not as individuals. All the farmers utilize very small portions of land along the railroad tracks (see Annex C for more details) and after the commencement of the project they will lose access to them. They do not have 3 any legal rights to this land and therefore they will not be compensated for the land but some assistant measures will be provided to them. Measures which will be taken to all the PAPs will be provision of grace period to farmers to harvest their crops before the civil works commence, preparing IDs for petty trades and assisting livestock keepers in allocation of new areas for them to graze their cattle. Impacts of the project on the identified PAPs are very minor, including limited access to the project area for all identified PAPs. Impact mitigation measure for the identified impact will be as follows;  Provision of a grace period giving enough time for the farmers to harvest their seasonal 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 during the civil works and operation of the railways.  Security operations along project corridor.  Provision of access for petty traders to sell their products at different stations at specified times. National policies/legislation and the World Bank safeguard policies were considered in implementation of this ARAP. TRC (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 May - June 2018 and construction is expected to start in June - July 2018. PAPs were notified about the project and its activities on 18 February 2018. Information was also shared with village leaders, station masters and gangers so that they can transfer the information to the entire community. All expenses associated with the ARAP and associated mitigation measures implementation will be covered by TRC (RAHCO). Monitoring and evaluation of ARAP implementation will be conducted by TRC (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 Railways Limited TRC Tanzania Railways Cooperation VEO Village Executive Officer WB World Bank WEO Ward Executive Officer 5 CHAPTER ONE Introduction The World Bank finances the 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 and Package B covers Kilosa to Isaka. The purpose of the assignment is to develop a plan such that rail rehabilitation from Kilosa to Isaka is undertaken in compliance with World Bank requirements, in particular, the WB operational policy (OP 4.12) on involuntary resettlement. According to this policy, Paragraph 25 states that when a Bank-supported project’s impact is manor and leads to displacement of fewer 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/ TRC (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 works. The Right of Way (RoW) 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 Kilosa to Isaka (Package B), the total area of the corridor under Package B is 20.61 sq km. This ARAP has been developed based on consultations with Project Affected People, TRC (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: farmers, petty traders and nomadic livestock keepers. 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. 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.  Results of the socio-economic survey in the form of a clear social baseline and relevant cut- off date(s).  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. 6  A schedule, budget and sources of funds, which should be agreed upon with the executing agency. Principles Governing ARAP In developing this ARAP, the following principles have been applied.  Transparency: ensure that affected people are consulted and give their demonstrable acceptance to the ARAP.  Standards: Maintain the standards of the World Bank’s Operational Policy (OP4.12) on Involuntary Resettlements.  Best Practices: Adherence to world’s best practices regarding consultation and disclosure of information to the PAPs  Use of cost replacement cost for calculation of all compensation.  Compensation to all PAPs irrespective of possession of title to land.  Implementation of Grievance Redress Mechanism (GRM). 7 CHAPTER TWO 2.1 Study Methodology Preparation of the ARAP commenced in February 2018. The methodology applied included:  Literature review of relevant documents  Observations  Socio-economic survey of Project Affected Persons 2.2 Number of Project Affected Persons During the field visit along the project corridor from Kilosa to Isaka in February 2018 where affected locations are indicated in Figure 2 below on social baseline information of each PAP, Figure 2: Map showing location of PAPs GPS 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. Initially, during the first visit in February, 2018, the TRC (RAHCO) safeguards specialist and consultant met with only 2 PAPs. Additional individual discussions between each PAP and social safeguard specialist were conducted in April to ensure broader engagement of PAPs and made total number of PAPs identified and consulted to be 17. Most of the discussion was on social and economic information of PAPs and the results are indicated in Table 1. As these were individual discussions, the summary of issues raised are included in Annex A in addition to the information about the PAPs reflected in Table 1. All farmers identified utilized a minimal portion of the project corridor, and crops which are cultivated in these areas are for subsistence use and not for commercial purposes. The PAPs do not depend on these plots for their livelihood and the yields were less than one sack of maize or rice, as such, the loss of 8 these land plots will not cause any significant economic impact to the farmers. Ten PAPs have other bigger farms outside of the project area. During the site visits it was difficult to identify the exact number of petty traders and livestock keepers due to the transient nature of their activities. During the field visit traders were not identified at all but village leaders and station masters gave information that there are petty traders who come along the project corridor to sell their goods especially when passenger trains pass. The exact number of petty traders is hard to determine, as their numbers fluctuate based on the seasonality of various crops for sale, time of the day, schedule of the trains and other factors. Livestock keepers were observed crossing at different points in the corridor and it was not easy to meet and have discussion with them as they are always in transit. Different groups of herders come and go and cross the railroad in various stretches of the railroad. A lot of the herders do not come from the settlements along the railroad. Identifying every herder poses significant challenge and may not be representative. Given the above identification challenges of traders and herders, the petty traders and livestock keepers are treated as a group, rather than as individually impacted persons, and the mitigation measures are designed accordingly. Communication was made to station masters and village leaders about what they are supposed to do to inform the traders about the upcoming civil works and potential impact on the traders and herders. There will also be a communication campaign in July 2018 which will be conducted by project implementation team and cover the whole corridor from Kilosa to Isaka. The communication campaign aims to reach all PAPs as well as the entire communities in the vicinities of the railroad line. 2.3 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. 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 February 2018 and additionally in April 2018 for broader engagement of PAPs. 2.4 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 18 February 2018 when interviews with affected farmers for Package B were first held. This will be the eligible deadline to qualify for assistance for this particular phase of the project. Any person who encroaches in this area after this date will not be entitled to any assistance. 2.5 Study Limitations This assignment faces some limitations like difficulties in identifying exact numbers and consulting PAPs such as petty traders and livestock keepers. This is due to transient nature of their activities. It was also difficult to conduct public consultation meetings with PAPs as they are very scattered, instead, individual meetings with each farmer were held (see annex A for the summary of the discussions). Individual consultations were conducted to make sure that all identified PAPs 9 (farmers) were engaged. Additionally, village leaders were consulted and requested to communicate the message about the project and its impact with their communities. Also, there will be public consultation, as part of the overall project communication campaign, with all PAPs and other members of the community during communication campaign which will be held in July 2018. The main objective of this campaign is to inform communities about the project safety during civil works and train operations. The communication campaign will also discuss mitigation measures of the ARAP. Also, the campaign will emphasis on the precautions which the community have to take so as to be safe during and after constructions. 2.6 Disclosure of the 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. It will also be disclosed on 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 TRC (RAHCO). 10 CHAPTER THREE 3.1 Results of Socio-Economic Study along the Project Corridor The following information was elicited during the socio-economic survey census carried out with 17 interviewed farmers along the corridor for Package B, between Kilosa and Isaka in February and April 2018 during the ARAP preparations. 3.2 Heads of Households All 17 household heads interviewed, were male. A typical Tanzanian family is headed by a man, who often dominates the decision-making and production processes. 3.3 Gender Distribution in Households The households of 17 PAPs interviewed consist of 55 household members: 30 females and 20 males. In all households, women engage in agricultural activities more than men. Women seem to have less voice in their families as they do not make decision even on the farming produce which they cultivate. Only men can decide what to be done with the farming produce and everything in their families. 3.4 PAPs Economic Activities Out of 17 interviewed PAPs only 5 depend on agriculture as their main economic activities while the remaining 12 are railway workers. PAPs have their main farms outside the project corridor which will not be touched by the project only portion of land which is in the project corridor will be affected which is very small portion of land comparing to sizes of farms they own. They own average of two acres farms outside the corridor. Sizes of affected part of farms is indicated in the table 1 on social baseline information of PAPs. They are all aware that the land belongs to TRC (RAHCO) and they are ready to stop cultivating their crops in the corridor. This was revealed during dialogue with each PAP (see summary of the discussions included in Annex A). They added that what they harvest from that portion of land in the corridor is very small and is just for consumption and the source of their income comes from other farms and employment. All categories of PAPs will be considered by the project, for farmers will be given time to harvest their seasonal crops and they will be restricted from conducting cultivation activities in the project corridor after that. These farmers will be encouraged to engage themselves in business opportunities which will be available in the corridor. During the meetings with the PAPs, farmers were told about employment opportunities which will be available in the corridor and more details about these were given during communication campaign in May 2, 2018. As one of the mitigation measures there will be process of identifying all those who are interested to sell produce in the corridor and they will be given a special identity card which will give them access to the corridor to do business in a controlled manner. Also, farmers were advised to take part in different employment opportunities which will be available during construction for those who are not employed. Entitlement Matrix for PAPs is attached in Annex B. 11 Table 1:Social baseline information of interviewed PAPs Size of Size of Affected Legal Status Type of Main Other Farm Marital Farm/ ID Gender Location of Land Crop Occupation Owned by Status Amount of Lost/Affected Grown the PAP Land Lost (m) M1 Male Agriculture One Acre Married 41x 2m Kilosa Owned by Maize TRC (RAHCO) M2 Male Agriculture Two Acres Married 47 x 1.4m Kilosa Owned by Maize TRC (RAHCO) M3 Male Agriculture Four Acres Married 28x1.4m Kidete - Owned by Maize Godegode TRC (RAHCO) M4 Male Agriculture Four Acres Married 19x1.4m Kidete- Owned by Maize Godegode TRC (RAHCO) M5 Male Business man NIL Married 44x1.4m Bahi- Owned by Rice kitinku TRC (RAHCO) M6 Male Railway NIL Single 360x1.7m Kitinku- Owned by Rice worker Makutupor TRC a (RAHCO) M7 Male Railway Four Acres Married 642x1.7m Kitinku – Owned by Rice worker Makutupor TRC a (RAHCO) 46 x 2.4m Owned by M8 Male Agriculture Five Acres Married Uyui TRC Rice 109 x 3.8m (RAHCO) M9 Male Railway Two Acres Married 170x2.1m Nzubuka Owned by Rice Employee TRC (RAHCO) 140 x 2.2m Railway Owed by TRC M10 Male NIL Married Ipala Rice Employee (RAHCO) 1379 x 1.1m M11 Male Railway Two Acres Married 251x2.3m Ipala Owned by Rice Employee TRC (RAHCO) M12 Male Railway NIL Married 158x3.2m Bukene Owned by Rice Employee Rahco M13 Male Railway NIL Married 70.4x3.6m Bukene Owned by Rice Employee TRC (RAHCO) M14 Male Railway Three Acres Married 105x2.7m Mahene Owed by TRC Rice Employee (RAHCO) M15 Male Railway NIL Married 95x2.7m Mahene Owned by Rice Employee TRC (RAHCO) M16 Male Railway NIL Married 170x2.3m Mahene 0wned by TRC Rice Employee (RAHCO) 12 Size of Size of Affected Legal Status Type of Main Other Farm Marital Farm/ ID Gender Location of Land Crop Occupation Owned by Status Amount of Lost/Affected Grown the PAP Land Lost (m) M17 Male Railway Two Acres Married 100x2.3m Ipala Owned by Rice Employee TRC (RAHCO) 3.5 Level of Education among Household members Household members who were either primary school leavers or still attending primary school account for 63.6% of all the household members, equivalent to 35 people. Secondary school leavers and those still in secondary school is 27.4% equals to 15 in number, college level is 5.4% equivalent to 3 people and 3.6% equivalent to 2 people not attended school at all. The figures reflect mixed of skilled and unskilled labour force, the unskilled labour force supersede the skilled one, hence, it has implication on employment consideration during project construction. This means that, in general, majority of PAPs will only be eligible for unskilled jobs within the project during its implementation. 13 CHAPTER FOUR 4.1 Potential Impacts of the Project on Identified PAPs Taking into consideration that this Report covers only Package B, 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. 4.2 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. 4.2.1 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. 4.2.2 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 and hence more profit to the farmers. However, it is not certain that the Railway will decide to engage in such transport. 4.3 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; 4.3.1 Farmers All the farmers identified will lose access to the railway that they were using for cultivation of crops for subsistence (which was anyway an unsafe practice). 4.3.2 Traders Traders will partially lose access to the railway for business, during the construction and later during operation. Trade will be carried out in an organized manner to ensure safety of people and train operation, both during the construction and operation. Trading will be allowed with permission given from the station masters at set location at the train stations and time frame to coincide with train stops. Process of identifying traders, who are interested in receiving permits, will start soon after clearance and disclosure of this ARAP so that petty traders will not take long time to be accommodated in the corridor. Most of these traders are located at Saranda and Tabora stations. At the moment there are no trades in other stations but community members will be given chance to conduct business even in other stations. This impact is very trivial compared to improvements in their safety proposed under the project. Ability to trade at the stations, rather than along the railway 14 tracks, will keep traders away from dangers of moving trains. After the renovations the trains are expected to move faster and more regularly than previously. The current train moves at a speed of 35KPH while after rehabilitation it is expected to be 70KPH. This safety enhancement is to ensure safety of people and train operations. There will be no monetary compensation for the temporary loss of income during the works, for several reasons. Firstly, it is challenging to identify the traders due to their transient nature and activities. Secondly, TRC (RAHCO) will expedite the process certifying all traders to minimize any potential impact. Thirdly, the benefit of safety to traders and organized business is significant to both the people and the train operations. 4.3.3 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 which they are involved from time to time when they graze along the corridor or cross the railway without any precaution. Photograph and description of affected farms is attached in Annex C. CHAPTER FIVE 5.1 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 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. 15 CHAPTER SIX 6.1 Impact Mitigation Measures and Implementation Arrangements Given that 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. 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: 6.2 Farmers  All farmers identified during the visit in February will be given time to harvest their crops; this is a three months period which started from 18 February 2018 and will end in June 2018.  TRC (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. 6.3 Livestock Keepers  The ROW under this project is very narrow (7.5m on both sides from the centre of the railroad line), livestock keepers will not be allowed to graze within the ROW for their own safety, safety of the livestock and safety of the train operation.  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  Petty traders will be assisted by being given access to sell their products at each station. During communication campaign that has started in May 2018 all traders will be notified on the measures given to them and they will be allowed to register their names so as to be given IDs to conduct business in the corridor. Additionally, all village leaders of communities along the rail line have been informed about the project and mitigation measures. After clearance and disclosure of this ARAP the process of identifying traders, who are interested in receiving an ID and the right to trade at the stations will follow. Train schedules will be given to them so that they know specific times to sell their products. 16  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 during rehabilitation and operation of the railroad. 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 TRC (RAHCO)’s safety and security department. 6.5 Communications Plan There will be a Communications Campaign which will be launched in advance of start of construction work. A TRC (RAHCO) Communications Team will visit every affected line side community between Kilosa 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 line side community between Kilosa 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 TRC (RAHCO) is already in operation (toll-free: 0800-110042). CHAPTER SEVEN 7.1 Institutional Responsibilities and Grievance Redress Mechanism TRC (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. 17 7.2 Other Organizations and Agencies 7.2.1 Civil Works Contractor The Civil Works Contractor will be responsible for mitigating effects resulting from construction activities. Construction activities will be monitored closely by TRC (RAHCO) and the Supervision Consultant to ensure compliance of the temporary mitigating measures. 7.2.2 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 TRC (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 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. 7.3 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 TRC (RAHCO) has an established Grievance Mechanism Committee which responds to people’s queries and addresses all matters pertaining to the project. 7.4 GRM Procedures The project has established the following channels through which community members and PAPs can make complaints regarding project activities. 18 a. A dedicated mobile phone line which every PAP is allowed to call and send text massage. (RAHCO/TRC is on the process of registering the number once is done it will be announced to the members of community through communication campaigns.) b. Suggestion boxes located at each station along the corridor PAPS and other members of community will be informed to put their complaints and suggestions in these boxes c. Verbal or written complaints to project staff (directly or through project meetings). (If project stakeholders provide verbal feedback/complaint, project staff will lodge the complaint on their behalf, and it will be processed through the same channels. d. Project Grievance Committees e. Grievance Redress Mechanism Form, PAPs will be informed on how to fill grievance forms and these forms will be available to every station and villages along the corridor. Confidentiality and conflict of interest Complaints will be made anonymously and confidentiality will be ensured in all instances, including when the person making the complaint is known. For this reason, multiple channels to make a complaint have been established and conflicts of interested will be avoided. 7.5 GRM Committee 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 where 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 destruction on PAPs crops before harvesting time and when traders are not given access to sell their products to the project corridor as agreed in this ARAP. 19 CHAPTER EIGHT 8.1 Implementation Schedule The rehabilitation of the railway line is expected to start at the end of May 2018. Before mobilizing the contractor to site, all human activities being carried out within 7.5 meters from the center line have to cease and the site cleared. Therefore, some of the ARAP implementation activities must be implemented as soon as possible. In this regard, an implementation schedule of these activities which synchronize with project implementation has been prepared: Table 2:Implementation Schedule of ARAP 2018 April 2018 2018 September November December June 2018 Feb 2018 January October August March S/No. 2019 2018 2018 2018 2018 2018 2018 Task Responsible Agency May July Completion of draft ARAP X Consultant 1 Approval of Draft ARAP X TRC (RAHCO) / 2 World Bank Training of TRC X TRC (RAHCO) 3 (RAHCO) staff and others in ARAP implementation Communication campaign X X Social Development to the community Officer/Public 4 relations Officer/Project Engineer 20 May 2018 September November December January October August March S/No. April June 2018 2018 2018 2018 2018 2018 2018 2018 2018 2019 July Feb 208 Task Responsible Agency Implementation of the X Project coordination ARAP/ farmers to harvest team 5 their crops Implementation of the X Project coordination ARAP/ Assistance to petty team 6 traders and herders Performance monitoring X X Project Coordination 7 Team External evaluation X X Independent Evaluator 8 (bi-annual for three years 21 8.2 Costs and Budget Since the scale of impact of the project is very small 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 TRC (RAHCO). The budget to operate the GRM is also built in into the project budget, since the GRM is a comprehensive project-wide mechanism. 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. Below is a tentative budget for the proposed mitigation measures and operating of the GRM. Table 3:Tentative Budget For Mitigation Measures and GRM. SN DESCRIPTION UNITY RATE QUANTITY AMOUNT 1 Identity cards for petty Stations $ 1.36 522 $ 70.91 trades 2 Radio programs Quarterly $ 1,136.36 8 $ 9,090.91 3 TV programs Annually $ 2,727.27 2 $ 5,454.55 4 Stakeholders Lumpsum $ 11,363.64 1 $ 11,363.64 Engagement Allowances3 5 Security operations Quarterly $ 1,363.64 8 $ 10,909.09 6 Documentaries Annually $ 9,090.91 2 $ 18,181.82 7 Suggestion boxes for stations $ 22.73 524 $ 1,181.82 Grievances Redress Mechanism 8 Mobile phone for Piece $ 136.36 1 $ 36.36 Grievance Redress Mechanism 9 Facilitation for Monthly $ 90.91 24 $ 2,181.82 Grievance Mechanism committee meetings 10 Air Time for Monthly $ 22.73 245 $ 545.45 communication especially on Grievance Redress Mechanism Total $ 59,116.36 2 This is an indicative number. The actual number of ID cards issued to the petty traders will depend on the demand. 3 This means allowances for government leaders who works with the project team during field visits. 4 Total number of stations is 52, suggestion boxes will be fixed one in each station. 5 Air time will be provided monthly,24 means total number of months in 2 years. 22 CHAPTER NINE 9.1 Monitoring and Evaluation Internal and external monitoring are proposed for the project as put forth in the RPF prepared for this 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. Once the ARAP is implemented in full, a Resettlement Implementation Report will be prepared by TRC (RAHCO) and submitted to the World Bank. 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 activities on resettlement is small and the PAPs do not meet the criteria for compensations, 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. 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. 9.2 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 TRC (RAHCO) and PAPs. • Effectiveness of the mitigation measures, include the communication campaign • Effectiveness of the GRM 23 ANNEXES Annex A; Summary of issues raise during discussions with Each PAP. Field visit to identify PAPs were conducted in February and April 2018.First visit which was on 19-25 February, Social Specialist together with the consultant identified Farms within the corridor but they were able to meet only two PAPs. The second visit were conducted on 3-11 April 2018 where social specialist met 15 PAPs individually and make total of 17 PAPs. Issues raised during individual discussions with each PAP were as follows;  Social baseline information: In the discussion PAPs explained about their marital status, family composition and their education status. Information about social baseline information can be referred in table 1.  Economic activities of PAPs: Issues like occupation of PAPs and main economic activities were discussed, PAPs admitted to have other farms outside the project corridor and others are employed in TRC.  PAPS Expectations towards the project: PAPs expects to boost their economic status through transportation of their farm products after rehabilitation of railways. During the discussion PAPs revealed that they are ready to contribute their efforts towards success of the project. They are also ready to stop human activities within the project corridor so as to allow contractor to perform works in a conducive manner.  Land ownership: Issues about ownership of the portion of land by which they are cultivating were discussed and all PAPs confessed that they are using Railway land for cultivation because the land was available at their disposal but they understand that the land does not belong to them. They asked TRC/RAHCO to give them grace period to harvest their crops which were in the field and promised to stop cultivation in the corridor.  Bushes around the corridor: In the project corridor especially areas where there is no any human activities, there are bushes where criminals uses as their hides. PAPs revealed some of those areas and they asked TRC/RAHCO to make sure that those bushes are cleared for the safety of the communities and railways properties.  Demarcation of TRC/RAHCO land: PAPS asked TRC to put bacons on their territory to avoid future encroachments. They said that in the right of way there are areas where there is no clear demarcation of TRC (RAHCO) land and community land. 24 Annex B: Entitlement Matrix Persons Affected by Type of Impact Entitlement the Project Farmers Loss of access to  Farmers will be given grace Railway land for period to harvest their crops cultivation which are 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  They will be given access to sell access to the railway their products in each station for their business before, 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  Village leaders will allocate nothing to lose as grazing areas to Nomads outside they do not have the corridor where they can graze specific places where their cattle. they use to graze their  There will be control to ensure castles. Only access that they are outside the corridor to the railway land for their own safety. will be restricted. This will be with the aim of protecting them from accidents. 25 Annex C: Photography and Size of Affected Farms. PAPS VERIFICATION FORMS Form No.1 1.0 Chainage (Km) 308.2 2.0 GPS Coordinates 3.0 Location Mzaganza 4.0 Section Munisagala – Mzaganza 5.0 Inspection Date 19-02-2018 6.0 Property Description Maize farm portion extending to TIRP corridor 6.1 Size 41m × 2m 6.2 Usage Farming 6.3 Temporary/ Permanent Temporary 7.0 Sketch Photograph 8.0 Encroachers’ Names Y.B. 26 Form No.2 1.0 Chainage (Km) 308.2 2.0 GPS Coordinates 3.0 Location Mzaganza 4.0 Section Munisagala – Mzaganza 5.0 Inspection Date 19-02-2018 6.0 Property Description Maize farm portion extending to TIRP corridor 6.1 Size 68m × 2.4m 6.2 Usage Farming 6.3 Temporary/ Permanent Temporary 7.0 Sketch Photograph 8.0 Encroachers’ Names J.M. Form No.3 27 1.0 324.88 Chainage (Km) 2.0 E246426.5 N9264066.2 GPS Coordinates 3.0 Location Kidete 4.0 Section Kidete – Godegode 5.0 19-02-2018 Inspection Date 6.0 Property Description Maize farm portion extending to TIRP corridor 6.1 Size 47m × 1.4m 6.2 Usage Farming 6.3 Temporary/ Permanent Temporary 7.0 Sketch Photograph 8.0 Encroachers’ Names A.K (19m x 1.4m) S.A (28m x 1.4m) 28 Form No.4 1.0 423 Chainage (Km) 2.0 GPS Coordinates 3.0 Location 4.0 Section Bahi – Kitinku 5.0 19-02-2018 Inspection Date 6.0 Property Description Rice farm portion extending to TIRP corridor 6.1 Size 44m × 1.4m 6.2 Usage Farming 6.3 Temporary/ Permanent Temporary 7.0 Sketch Photograph 8.0 Encroachers’ Names R. J 29 Form No.5 1.0 437.1 Chainage (Km) 2.0 GPS Coordinates 3.0 Location Gang 33 4.0 Section Kintinku – Makutupora 5.0 20-02-2018 Inspection Date 6.0 Property Description Maize farm portion extending to TIRP corridor 6.1 Size 1002m × 1.7m 6.2 Usage Farming 6.3 Temporary/ Permanent Temporary 7.0 Sketch Photograph 8.0 Encroachers’ Names M.Y (360m X 1.7m) K.N (642m x 1.7m) 30 Form No.6 1.0 10.4 Chainage (Km) 2.0 E482295.5 N9454696.2 GPS Coordinates 3.0 Location 4.0 Section Tabora – Kakola 5.0 21-02-2018 Inspection Date 6.0 Property Description Rice farm portion extending to TIRP corridor 6.1 Size 46m × 2.4m 6.2 Usage Farming 6.3 Temporary/ Permanent Temporary 7.0 Sketch Photograph 8.0 Encroachers’ Names S.B 31 Form No.7 1.0 10.9 Chainage (Km) 2.0 E482313.8 N9455361.4 GPS Coordinates 3.0 Location 4.0 Section Tabora – Kakola 5.0 21-02-2018 Inspection Date 6.0 Property Description Rice farm portion extending to TIRP corridor 6.1 Size 109m × 3.8m 6.2 Usage Farming 6.3 Temporary/ Permanent Temporary 7.0 Sketch Photograph 8.0 Encroachers’ Names S. B 32 Form No.8 1.0 35 Chainage (Km) 2.0 E485282.9 N9484640.9 GPS Coordinates 3.0 Location 4.0 Section Kakola – Nzubuka 5.0 21-02-2018 Inspection Date 6.0 Property Description Rice farm portion extending to TIRP corridor 6.1 Size 170m × 2.1m 6.2 Usage Farming 6.3 Temporary/ Permanent Temporary 7.0 Sketch Photograph 8.0 Encroachers’ Names E.C 33 Form No.9 1.0 41 Chainage (Km) 2.0 E485282.9 N9484640.9 GPS Coordinates 3.0 Location 4.0 Section Nzubuka – Ipala 5.0 21-02-2018 Inspection Date 6.0 Property Description Rice farm portion extending to TIRP corridor 6.1 Size 140m × 2.2m 6.2 Usage Farming 6.3 Temporary/ Permanent Temporary 7.0 Sketch Photograph 8.0 Encroachers’ Names D.S 34 Form No.10 1.0 41 Chainage (Km) 2.0 E485288.8 N9484621.3 GPS Coordinates 3.0 Location 4.0 Section Nzubuka – Ipala 5.0 21-02-2018 Inspection Date 6.0 Property Description Rice farm portion extending to TIRP corridor 6.1 Size 1379m × 1.1m 6.2 Usage Farming 6.3 Temporary/ Permanent Temporary 7.0 Sketch Photograph 8.0 Encroachers’ Names D.S 35 Form No.11 1.0 60.7 Chainage (Km) 2.0 E487101.1 N9502916.0 GPS Coordinates 3.0 Location 4.0 Section Ipala – Bukene 5.0 21-02-2018 Inspection Date 6.0 Property Description Rice farm portion extending to TIRP corridor 6.1 Size 251m × 2.3m 6.2 Usage Farming 6.3 Temporary/ Permanent Temporary 7.0 Sketch Photograph 8.0 Encroachers’ Names M.J 36 Form No.11 1.0 69.6 Chainage (Km) 2.0 E488153.8 N9512252.4 GPS Coordinates 3.0 Location 4.0 Section Ipala – Bukene 5.0 21-02-2018 Inspection Date 6.0 Property Description Rice farm portion extending to TIRP corridor 6.1 Size 158m × 3.2m 6.2 Usage Farming 6.3 Temporary/ Permanent Temporary 7.0 Sketch Photograph 8.0 Encroachers’ Names O.M 37 Form No.12 1.0 69.8 Chainage (Km) 2.0 E488160.4 N9512210.4 GPS Coordinates 3.0 Location 4.0 Section Ipala – Bukene 5.0 21-02-2018 Inspection Date 6.0 Property Description Rice farm portion extending to TIRP corridor 6.1 Size 70.4m × 3.6m 6.2 Usage Farming 6.3 Temporary/ Permanent Temporary 7.0 Sketch Photograph 8.0 Encroachers’ Names A.S 38 Form No.13 1.0 93 Chainage (Km) 2.0 E486813.9 N9534888.6 GPS Coordinates 3.0 Location 4.0 Section Bukene – Mahene 5.0 21-02-2018 Inspection Date 6.0 Property Description Rice farm portion extending to TIRP corridor 6.1 Size 200m × 2.7m 6.2 Usage Farming 6.3 Temporary/ Permanent Temporary 7.0 Sketch Photograph 8.0 Encroachers’ Names M.H (105m x 2.7m) Y.M (95m x 2.7m) 39 Form No.14 1.0 Chainage (Km) 105.65 2.0 GPS Coordinates E485544.9 N9548186.5 3.0 Location 4.0 Section Bukene – Mahene 5.0 Inspection Date 21-02-2018 6.0 Property Description Rice farm portion extending to TIRP corridor 6.1 Size 270m × 2.3m 6.2 Usage Farming 6.3 Temporary/ Permanent Temporary 7.0 Sketch Photograph 8.0 Encroachers’ Names O.M (170m X 2.3m) M.K (100m X 2.3m) 40 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 Lend Tanzanian law does not recognize PAPs are entitled to some form of WB OP 4.12 recognizes a wider Under the project the WB Tenant tenants as being entitled to compensation whatever the spectrum of PAPs. The categorization of PAPs will be s/Squatte 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 for lost for the land they occupy as well as therefore could include assets. In some cases however they are not other relocation assistance. squatters among the PAPs who 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 Types of Tanzanian Law World Bank OP 4.12 Comparison/Gaps Mitigation Measures affected Owners of non- Tanzanian law makes no Under the WB OP 4.12 permanent The gap between Tanzania and Under the project the full permanent differentiation between owners of and non-permanent buildings need to WB OP 4.12 is about eligibility, replacement cost of structures as permanent and non-permanent be compensated. which is hinged upon formal defined under OP 4.12 will be Owners of applied. buildings. As long as ownership Where however, the displaced or informal ownership. Buildings While, in Tanzania, can be proved compensation is persons have no recognizable legal payable. compensation is based on rights they are to be provided with market value, determined using Determination of compensation is 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 occupy, as well as other assistance. on land, WB OP 4.12 requires approach is used, meaning that Cash compensation levels should that compensation should be PAPs do not get the full be sufficient to replace the lost land sufficient to replace the lost replacement cost of the lost assets. and other assets at full replacement land and other assets at full cost in local markets. replacement cost. Timing of Tanzanian law requires that WB OP 4.12 displaced persons are In terms of timing, both The project will ensure that the compensation compensation be full, fair and provided prompt and effective Tanzanian laws and WB OP compensations are paid in payments prompt. Prompt means it should be compensation at full replacement 4.12 require that compensation timely manner. paid within six months, failure to cost for losses of assets directly be paid promptly. do which attracts an interest rate attributable to the project before equivalent to the average rate construction starts. This however, rarely happens in offered by commercial banks on 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. Types of Tanzanian Law World Bank OP 4.12 Comparison/Gaps Mitigation Measures affected Calculation of According to the Land WB OP 4.12 requires that the Tanzania law provides for the Under the project the full compensation replacement cost of structures as Assessment of the value of Land displaced persons be provided with calculation of compensation on defined under OP 4.12 will be and valuation for Compensation) Regulations, prompt and effective compensation the basis of the market value of applied. No deduction for 2001, as well as the Village Land at full replacement cost for losses of the lost land and unexhausted depreciation or for salvage materials 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, Replacement cost is the method of and loss of profits where unexhausted improvements, 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 required to replace the lost The basis for assessment any land to be taken into account when 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, customers and suppliers, or to The market value is arrived at by 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 acceptable resources and earning of similar properties; or by the use 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 Types of Tanzanian Law World Bank OP 4.12 Comparison/Gaps Mitigation Measures affected recent sales, but these are usually not transparent. As for unexhausted improvements in terms of buildings and other civil infrastructure, the depreciated replacement cost approach is used Relocation and 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 before the commencement of 1967, allows the government to the civil works compensation acquired land at the end of the displacement or restriction to access take possession of the acquired notice to acquire period, before does not take place before necessary 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. 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 There scanty provisions WB OP 4.12 requires that displaced The provisions in WB OP 4.12 The PAPs will be consulted disclosure related to consultation and persons are (i) informed about their requiring consultation and and the relevant documents disclosure in Tanzanian options and rights pertaining to disclosure have no equivalent in disclosed per the OP 4.12. 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 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; 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. 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: