SFG2612 UNITED REPUBLIC OF TANZANIA MINISTRY OF WORKS, TRANSPORT AND COMMUNICATION TANZANIA AIRPORTS AUTHORITY Resettlement Action Plan Update for the Rehabilitation and Upgrading of Bukoba Airport August 2016 i The United Republic of Ministry Of Works, Transport and Communication Tanzania Airports Authority Rehabilitation and Upgrading of Bukoba Airport Resettlement Action Plan Audit and Update ii Abbreviation and Acronyms ADB – African Development Bank CCTV - Closed Circuit Television DRC – Depreciated Replacement Cost EAGT - Evangelical Assemblies of God Tanzania OP - Operation Policy PAPs – Project Affected People RAP – Resettlement Action Plan RESA - Runaway and Runaway Safety Area SBS - Small Business Solutions TAA – Tanzania Airport Authority iii EXECUTIVE SUMMARY Introduction The Government of Tanzania through the Tanzania Airports Authority is undertaking rehabilitation and upgrading of the Bukoba airport, located in the Bukoba Municipality, Kagera region. The World Bank and the government of Tanzania are financing this project. In order to undertake the rehabilitation and upgrading of the Airport, initially TAA had to acquire land from the adjacent community. This first phase of this project involved initial upgrade of the Bukoba airport, which was undertaken in 2008 and financed by the Government of Tanzania was prior to engagement with the World Bank. The first phase involved the rehabilitation of the existing runway to gravel standard. The works also included lengthening of the runway from 1200m to 1600m to be able to accommodate ATR42 airplanes or equivalent which involved acquisition of land. Initially, the airport was only handling 12 seat airplanes. In addition, runway strips were strengthened and improved to allow proper flow of storm water away from the runway. The second phase of the project involved the Rehabilitation and Upgrading of the Bukoba Airport to bitumen standard. This phase was financed by World Bank and the government of Tanzania. The scope of the second phase covered the following activities:- i. Rehabilitation and upgrading of existing runway to bitumen standard ii. Construction of a new taxiway and apron to bitumen standard iii. Construction of a new terminal building including all necessary facilities (such as furniture, screening equipment, CCTV Cameras etc) iv. Construction of access road and car park v. Construction of waste water treatment system (Reed Bed) and storm water drainage structures vi. Installation of ducts for future installation of airfield ground lighting and vii. Construction of security fence 1,241 metres The land acquisition of the first phase was followed by the preparation of Resettlement Action Plan (2009 RAP), which was intended to provide guidelines on the process of land acquisition, evaluation, compensation and livelihoods/income restoration program to the project affected peoples (PAPs) for the second phase. There was no RAP for phase 1 and compensation was based on the 2008 Valuation Report of Properties and Assests for Compensation prepared by Musoma iv Municipal Council, following GoT guidelines with 14 PAPs affected – including one school toilet, According to the 2009 RAP which was based on a preliminary design, the total number of affected PAPs were 15, including 6 property owners with 7 properties, 4 of them with 5 properties are from 2008 valuation report. The rest are tenants, . Some of the PAPs under the phase one are included in the 2009 RAPs. Six house owners from the valuation report of 2008 are missing in 2009 RAP as well as 4 plot owners because they were fully compensated then according to the GoT guidelines. With respect to tenants, there were 8 included in the 2009 RAP. During the implementation of phase II of the Bukoba airport expansion and rehabilitation the total number of PAPs increased to 41 in addition to one school (Tumaini Primary School) that needed to be resettled for safety reasons. Because of this increase, TAA started the process to update the 2009 RAP report, which the draft final was ready in 2014. The draft RAP update report was sent to the Bank for review, however, that report was not sent for clearance to Regional Safeguards Advisor (RSA). This was due to the need of additional information to clarify some questions raised during the preliminary review by the Bank, including if any of the additional affected people were compensated before the RAP update and if so was it in accordance to the disclosed RAP. As a result the World Bank directed TAA to undertake RAP audit, through an independent consultant, to determine if the preparation and implementation of the 2009 RAP (including PAPs impacted under the first phase) and update RAP of 2014 complied with World Bank OP 4.12 requirements. The World Bank funded projects and activities are governed by operational policies, which are designed to ensure that these projects are economically, financially, socially and environmentally sound. The Bank's Operational Policies, in this case the OP 4.12, spells them out and provides guidance to ensure compliance. The findings of the audit report indicated that the implementation of 2009 RAP report for Bukoba Airport Expansion and Rehabilitation Project partially complied with the requirements of the World Bank Operational Policy 4.12 and Tanzanian laws with regard to involuntary resettlement. The areas which were not fully complied with are the inclusion of depreciation when determining the replacement cost in the valuation of properties, inadequate consultation with the PAPs regarding the project and the RAP process, inadequate identification of vulnerable PAPs, delay in payment of compensation and absence of v open and effective grievance resolution mechanisms. Specifically, the audit report identified the followings gaps:-  The exact number of additional PAPs (between 2009 and 2012) was s not reflected in the RAP update of 2014  Inadequate Valuation of affected properties  Poor consultation and communication with PAPs:  Inadequate follow up and audit of RAP implementation:  Inadequate identification of vulnerable people in the project area and how they were supposed to be treated  Absence of livelihood restoration program  Delay in payment of compensation which attracted payment of the base with interest rate Absence of clear and effective grievance redress mechanisms For the preparation of audit report a number of consultations and interviews were held with the affected people. The information collected through the audit report was a starting point for further consultation and collection of detailed information to prepare the RAP update. The RAP update therefore is prepared to address the gaps identified in the audit report , including detail information about the new PAPs; properly consult the affected people, communites and discuss with them the appropriate mitigation measures to fill the identified gaps noted above, including new valuation and establishment of the Grievance mechanisms; ensure that measures undertaken will bring the RAP to full compliance with the OP 4.12 and Tanzanian laws, and provide information and guidance about the RAP implementation processes by taking into account all Project Affected People who were under World Bank funded project activities at the time of land acquisition. Major Project Activities and Components The first phase involved initial upgrade of the Bukoba airport, which was undertaken in 2008 and was fully financed by the Government of Tanzania. During this phase, the government financed all components that involved the rehabilitation of previous runway to gravel standard. The works vi also included lengthening of the runway from 1200m to 1600m, that involved land acquisition, to be able to accommodate airplanes with the capacity similar to ATR42 or equivalents. Assessments of properties and assets for the land that was acquired to meet phase 1 requirements were done in 2008 and compensation was paid in the same year i.e. 2008. However, as noted above, some of the PAPs were included in the 2009 RAP, that is why the audit report was undertaken, and its findings are the bases of this RAP update. The second phase of the project which was funded by the World Bank and government of Tanzania commenced in 2010, just after the completion of the first phase which was funded by government in 2008.. The RAP for the second phase of Bukoba project was finalized and disclosed in 2009. This phase involved the Rehabilitation and Upgrading of the Bukoba Airport to bitumen standard. The scope of the second phase covered the following activities:- viii. Rehabilitation and upgrading of existing runway to bitumen standard ix. Construction of a new taxiway and apron to bitumen standard x. Construction of a new terminal building including all necessary facilities (such as furniture, screening equipment, CCTV Cameras etc) xi. Construction of access road and car park xii. Construction of waste water treatment system (Reed Bed) and storm water drainage structures xiii. Installation of ducts for future installation of airfield ground lighting and xiv. Construction of security fence 1,241 meters It should be noted that at the time of the preparation of this RAP update, all activities which were undertaken in phase I and II were almost completed. Objectives of RAP Update Unless properly managed, involuntary resettlement may result in long-term hardship and impoverishment for the affected communities and persons, as well as environmental damage and adverse socio-economic impacts in areas to which the affected persons have been displaced. The following were the objectives of this RAP update. vii  To identify all affected PAPs under Phase 2 and their property (and based on the RAP Audit of 2015);  To develop a valuation methodology for PAPs and their properties;  To put in place a Resettlement Action Plan for mitigating livelihood impacts for the affected properties;  To carryout community and stakeholder consultation with view of informing the mitigation alternatives;  To re-establish mechanisms (GM) for addressing Grievances in an easily accessible and timely manner.  To fill the gaps identified by the RAP audit to ensure full compliance with OP 4.12 and Tanzanian laws.  Related to the above, provide mitigation measures for full compliance and related budget. Approach and Methodology The following approach and methodology were used:- Literature Review In conducting the literature review, the following documents were read and analysed in order to understand the RAP process and to identify any gaps in terms of coverage and compliance. The main document was the Resettlement Action Plan of March 2009 that Sir Frederick Snow and Partners Limited in association with Belva Consult Limited prepared. The other documents reviewed include the Tanzania land acquisition laws (e.g., the Land Act No. 4 of 1999, the Land Regulations of 2001 and the Land Acquisition Act of 1967), the World Bank Operational Policy 4.12 for Involuntary Resettlement. These documents set the framework for preparation and implementation of this RAP update for the Bukoba airport. This is in addition to the Audit report that was done by the same consultant that then used as the bases for the RAP update. Household Surveys and Consultations Household surveys were undertaken from 27th December 2015 to 2nd January 2016 to identify the characteristics of the affected population and ensuring that all the different categories and viii groups of people affected by the project are captured and consulted as much as possible. Although consultation was done in December 2015 and January 2016 the information collected went as far back as to the time before the land was acquired for the project to understand the livelihood of the people and to assess the level of change that has taken place after the land has been taken from them. In addition to the survey, a number of consultations, field visits, interviews as well as a census were done for this assignment, between 27th December 2015 to 6th January 2016. Consultations included meeting with the Bukoba Airport Manager to get details about the RAP process; the Bukoba Municipal Education Officer, on issues about the relocation of the Tumaini Primary School1; Tumaini Primary School Head teacher and Deputy Head teacher, to get their views about the relocation of the school and the new site. Also, teachers of the school unit for pupils with special needs were consulted to get their views on the needs for the vulnerable children. In addition, the Director General of TAA was consulted to debrief him but also to get his views about TAA readiness to complete the RAP process and ensure compliance to WB OP 4.12. Considerable effort was made to reach to as many affected persons as possible taking into account that, many of them have relocated to other areas, since no monitoring was undertaken on regular basis. The PAPs who were still living in Bukoba were reached through the Mtaa chairperson and Bukoba airport manager who organized meetings with PAPs at the Bukoba airport office. For those who were not able to attend the meeting, the consultants under the guidance of the Mtaa chairperson visited their homes for consultation. Three affected persons that moved to Dar es Salam and one affected person who is currently living in Misenyi – Kyaka were followed and consulted. The other affected person who is currently living in Chunya district in Mbeya region was consulted by phone. Having done these efforts, 33 PAPs out of 42 (one being the school staff) were consulted to get their views and concerns in relation to Resettlement Action Plan preparation and implementation. Project Impacts 1 Tumaini school was not included in the original RAP and since it is located at the end of runway for safety reasons it needed to be relocated and therefore included in the RAP update. The information related to the school is explained in details later. ix The implementation of the project from 2012 to its completion in 2016 has caused negative impacts to the people who were living within the project area. These impacts include destruction of structures, loss of land, destruction of one church and its associated structure as well as relocation of Tumaini primary due to security reason. Based on the assessment of valuation report and compensation schedule, a total 19 finished structure and seven unfinished structures were affected by the project. Also one church with two structures was affected. The project has also affected 15 undeveloped plots of about 20,631m² in total. Furthermore, the project has affected different types of perennial and annual crops as well as timber and fruit trees such as banana, palm, coconut trees, pine trees, guava, avocado, sugarcane, mango trees and other crops. According to the compensation schedule, about 778 crops and trees were affected. Project Organization and Responsibilities A number of organizations and institutions have been involved in the development and implementation process of RAP at different levels. This involves the Tanzania Airport Authority, Ministry of Finance and Planning, Ministry of Works, Transportation and Communication, Ministry of Land, Housing and Human Settlement Development. Other institutions involved are the Kagera Regional Administration, Bukoba Municipal Council, Ward and Mtaa leaders where the project is located. All these had different roles, which TAA coordinated to ensure smooth implementation of the RAP Policy and Legal Framework The land acquisition process and the resettlement action planning and its implementation are a function of several policies and laws that together, creates an enabling environment for a positive change as desired by those policies and laws. The Bukoba Airport RAP was to be prepared based on the policies such as the Land Acquisition Act # 47 of 1967, The Land Act # 4 of 1999 and Village Land Act # 5 of 1999 and the World Bank Operational Policy 4.12. It is thus important to ascertain if the requirements of those policies were met during the implementation of the Bukoba RAP and if not or if there were inadequacy in the process to provided mitigation measures to ensure the affected people will be additionally consulted, compensated, and have proper access to grievance mechanisms to comply with both Tanzania laws and the World Bank OP 4.12. In addition, if there were inadequate compensation to top it up to ensure all affected x are compensated fairly and adequately. This was the premise of preparation of this RAP update, which its bases was an audit report. Public Consultations and Disclosure In order to ensure that the interests of the community, the PAPs and the public at various levels, are addressed and incorporated into the design of this Resettlement Action Plan and Update, a consultative-participatory approach was adopted to shed some light on the project components, implementation activities, and to explain the likely impact and the resettlement measures available to the PAPs. Furthermore, formal and informal consultations were undertaken with the central government, Bukoba regional and municipal authorities, wards and street-level government officials, among others. The consultative meetings were undertaken from 27th December 2015 to 6th January 2016. During the consultations, twelve (12) meetings were done with different stakeholders. A total of 57 persons were consulted including the project-affected people. Socio – economic Conditions of the Project Area and Project Affected People In general a substantial area of Bukoba Municipality is fully utilized for subsistence farming to enable the inhabitants to earn their living. Tea and coffee is the major cash crop grown in the area and banana, maize, sweet potatoes, cassava and yams are the main food crops especially for the majority of the people in greenbelt. Livestock keeping is undertaken by residents of Bukoba Municipality and Kagera Region at large, but varies in number from one district to another. The socio-economic survey for the audit report and this RAP update determined that the total number of project-affected persons (PAPs) is 41 households excluding pupils at Tumaini primary school. About a half of PAPs were involved in business activities, followed by petty trade, and wage employment. Eligibility and Entitlement The principle adopted from the Tanzania Laws establishes the eligibility and provisions for all types of losses (land, structures, businesses, loss of accommodation, disturbance, crops, transport costs resulting from displacement and trees). Following the apparent gap in Tanzania laws on involuntary policy compared with the World Bank policies on the same, this RAP update has xi been prepared to aligned the land acquisition and compensation process with the World Bank Operation Policy which promotes best practices for the rehabilitation of livelihoods of people affected by the implementation of the project. The cut-off date was June 2012 when the valuation and census exercises ended namely. Methods of Valuing Affected Assets and Compensation Payments The original calculation of compensation and other resettlement allowances for displaced property owners was based on current practices in Tanzania for valuation and compensation of properties. Under these practices, compensation to be paid is the market value of the affected land, structure or asset (direct comparison method) and standing crops (earnings approach) as determined by the valuation assessments. The compensation items in this RAP update included: i) Value of the land; ii) Value of unexhausted improvements (house, church, unfinished structures, trees and crops) In determining the compensation for structure the Valuer adopted the Replacement Cost Method, i.e., cost of replacement or selling the affected property (e.g. cost of construction materials, price of buying and selling land and transportation costs for materials, labour) at the date of valuation. The Valuer conducted a market survey to determine the current replacement costs and open market values. However, in determining the compensation rate, the valuer included depreciation cost that was deducted during the payment. The deduction of depreciation cost in compensation did not comply with resettlement measures required by the WB OP 4.12 which recommends, however, that compensation be calculated at full replacement value (not depreciated). In order to comply with WB OP 4.12, this RAP update has taken into account the need to undertake replacement cost without instituting depression cost as a remedy to the omission experienced previously and thus to bring compensation in line with OP 4.12 of World Bank. Grievance Redress Mechanisms The 2009 RAP report proposed a grievance redress mechanism for addressing potential concerns from PAPs who may consider themselves deprived of appropriate treatment under the Project, however, the proposed GRM did not function as effectively and appropriately as it was expected. This resulted in a situation where PAPs submitted their grievances to different authorities such as xii Kagera Regional Administration, Tanzania Airport Authority (Headquarters) and Bukoba Airport Manager. In this RAP update, Grievance Redress Mechanism was formed at the time when audit report was done on 22nd June 2015 and it is currently working to resolve some of complaints that have submitted. The details of the GRM are provided in the main report however; the process involved essentially four main actors. The Affected person is the first that will initiate the process by reporting to the Mtaa Chairperson, who with his/her members of the committee will look at the reported grievance and find solution for it together with the PAPs. The third layer of process is the District Commissioner (DC). The DC with his/her committee listens to grievances that have not been resolved at the Mtaa level. Should the PAP still feel aggrieved and not satisfied with the results, he/she can take the matter to the Regional Secretariat that reviews the lower decisions and make their own judgment. If still the PAP is not satisfied, he/she can go to the Land Tribunal for further action. Monitoring and Evaluation Plan Monitoring the RAP implementation process will be critical for assessing the effectiveness of RAP implementation process. The project management using an approved project implementation schedule and tools such as monitoring plan should undertake a performance monitoring exercise. The project performance milestones shall include the following:  Number of Public meetings held;  Grievances redress procedures in place and functioning;  Number of grievances received and addressed  Compensation payments disbursed;  Relocation of people completed;  Livelihood restoration and development activities initiated;  Tumaini Primary School relocate and school children with disability are provided with special facilities to enable them continue with their studies, and  Monitoring and evaluation reports submitted Cost Estimates and Financial Arrangements to Implement the RAP xiii The budget so far computed for the implementation of the RAP update amounts to Tanzanian Shillings 3,199,857,297.03 (Three billion, one ninety nine million eight hundred fifty seven thousands two ninety seven and three cents only). This is the total valuation combined for land, crops, trees, buildings/development and disturbance allowance. The costs also include payment of deducted depreciated costs, payment of interest rates and relocation of Tumaini Primary School. The fund for the new school construction is coming from the project funds. Conclusion and Recommendation The proposed project is important for the development of the economy in the project area and the country as a whole. However, it has caused loss loss of properties and displacement of people. While the overall objective of the project is noble, its positive impacts can be enhanced by ensuri ng that the identified PAPs are adequately compensated with the aim of improving or restoring th eir livelihoods to the pre‐impact standards. To achieve this, the implementing agency (TAA) should ensure that the RAP programmes are adequately implemented. Compensation for structures included the full cost of materials, transport and labour that was required for constructing a similar or even better structure. The depreciation cost that was deducted during the compensation in 2012 resulted in numerous complaints has been recalculated and included under this RAP update to ensure compensation is in line with World Bank OP. 4.12. In relation to Tumaini Primary School, since the World Bank, TAA and Bukoba Municipal have principally agreed to relocate Tumaini Primary School to Mafumbo area for safety reasons, it is important to ensure that the new school accommodates basic structures and leave space for playgrounds for the school children. Consideration should be given to the following key aspects: structures for primary classes 1-7 to meet current needs in terms of space and streams, toilets for girls and boys, for male and female teachers, teachers offices, head teachers’ office, a conference room for holding staff meetings, store for school items, play ground. Others are the provision of special facilities for children with special needs that include: space for learning and other skills, resting room for those that fall under seizures, playground, eating place, store for various items, and store for food, and toilets for the children – girls and boys and toilets for the teachers. xiv TABLE OF CONTENTS Abbreviation and Acronyms ........................................................................................................................ iii EXECUTIVE SUMMARY ......................................................................................................................... iv 1.0 INTRODUCTION AND BACKGROUND ............................................................................................ 1 2.1 Major Project Components ................................................................................................................. 5 2.1.1 Runway ........................................................................................................................................ 5 2.1.2 Taxiway........................................................................................................................................ 6 2.1.3 Apron ........................................................................................................................................... 6 2.1.4 Fence Reconstruction ................................................................................................................... 6 2.1.5 Other support facilities and services ........................................................................................... 6 2.2 Project location ................................................................................................................................... 7 2.3 Objectives of this RAP Update ........................................................................................................... 7 2.4 Approach and Methodology................................................................................................................ 8 2.4.1 Literature review .......................................................................................................................... 8 2.4.2 Household Surveys ...................................................................................................................... 9 2.4.3 Consultation, field visits and interviews: ..................................................................................... 9 3.0 PROJECT IMPACTS ........................................................................................................................... 12 3.1 Loss of land ....................................................................................................................................... 13 3.2 Impact on structures .......................................................................................................................... 13 3.3 Impact to Public infrastructure.......................................................................................................... 14 3.4 Impacts on crops and trees ................................................................................................................ 14 4.1 RAP implementation Organizations and Institutions ........................................................................ 15 4.2 Inter-Agency Coordination ............................................................................................................... 18 5.1 The National Land Policy ................................................................................................................. 21 5.2 Legal Framework .............................................................................................................................. 21 5.3 World Bank Operational Policy ........................................................................................................ 24 5.3.3 Comparison between policies of Government of Tanzania and World Bank ............................ 27 Table 5: Comparison of Tanzanian Laws and World Bank Policy on Resettlement and Compensation28 6.1 Stakeholder Consultations ................................................................................................................ 32 xv 6.2 Objective of Public participation and Consultation .......................................................................... 33 6 .3 Identification of Stakeholders for Consultation ............................................................................... 33 6.4 Public Consultative and Participatory Meetings ............................................................................... 34 6.4.1 Methods of stakeholder participation ......................................................................................... 34 i. Notification to stakeholders ........................................................................................................ 35 7.1 Socio – Economic Conditions in the project Area ............................................................................ 38 7.1.1 Demographic Profile of Bukoba Municipality ........................................................................... 38 7.1.2 Main Economic Activities ......................................................................................................... 38 7.1.3 Economic Infrastructure ............................................................................................................. 40 7.1.4 Social Infrastructure and Services.............................................................................................. 40 7.2. Socio-Economic Conditions of the Affected People ....................................................................... 42 7.2.1 PAPs Geographical Location. .................................................................................................... 42 7.2.2 Sex and Age ............................................................................................................................... 43 7.2.3 Educational background ............................................................................................................. 43 7.2.4 Marital Status ............................................................................................................................. 45 7.2.5 Household Sizes ......................................................................................................................... 45 7.2. 6 Land ownership and land utilization ......................................................................................... 45 7.3 Vulnerable people ............................................................................................................................. 47 8.0 ELIGIBILITY AND ENTITLEMENT ................................................................................................. 48 8.1 Eligibility criteria for all PAPs.......................................................................................................... 48 8.2 Categories of project affected people................................................................................................ 48 8.3 Entitlement Matrix ............................................................................................................................ 48 8.4 Cut-off Date ...................................................................................................................................... 52 9.1.2 Compensation for loss of crops .................................................................................................. 53 9.1.4 Payment of transport allowances ............................................................................................... 54 9.1.5 Disturbance allowances.............................................................................................................. 54 9.1.6 Salvaging.................................................................................................................................... 55 9.2 Interest for delayed payment of compensation ............................................................................. 55 9.3. Resettlement Assistance and Livelihood Restoration .......................................................................... 55 10.0 INSTITUTIONAL FRAMEWORK ............................................................................................... 57 11.0 GRIEVANCE REDRESS MECHANISMS ....................................................................................... 61 11.1 Grievance Redress Committees ...................................................................................................... 61 xvi 11.3 Steps to be followed for Grievance Redress ................................................................................... 62 13.0 MONITORING AND EVALUATION PLAN ................................................................................... 72 13.1 Performance Monitoring ................................................................................................................. 72 13.2 Impact Monitoring .......................................................................................................................... 73 13.3 Completion Audit............................................................................................................................ 73 15.0 CONCLUSIONS AND RECOMMENDATIONS ............................................................................. 76 15.1 Conclusion ...................................................................................................................................... 76 15.2 Recommendations ........................................................................................................................... 76 16.0 . REFERENCES ................................................................................................................................. 79 17.0 Annexes............................................................................................................................................... 80 17.1. Annex 1: List of PAPs of 2012 under World Bank project .......................................................... 80 17.2. Annex 2: List of PAPs for future expansion of Bukoba airport ..................................................... 81 17.3: Annex 3: Grievance Redress Form ............................................................................................... 82 xvii LIST OF TABLES Table 1: Public Consultation and Participation Schedule ........................................................................... 10 Table 2: Impact categories in the project area ............................................................................................ 12 Table 3: Institutional roles and responsibilities in RAP implementation.................................................... 17 Table 4: Committees and Responsibilities for RAP implementation ................................................... 18 Table 5: Comparison of Tanzanian Laws and World Bank Policy on Resettlement and Compensation ... 28 Table 6: Stakeholder's views and concerns ................................................................................................. 36 Table 7: Geographical Location of Interviewed PAPs ............................................................................... 42 Table 8: List of Vulnerable PAPs in the Project Area ................................................................................ 47 Table 9: The Resettlement Entitlement Matrix ..................................................................................... 50 Table 10: Steps for Grievance Redress Mechanisms .................................................................................. 63 Table 11: RAP Update Implementation Schedule ...................................................................................... 68 Table 12: Indicative Budget for RAP Implementation .......................................................................... 74 List of Figures Figure 1: Location of Bukoba Airport in Bukoba Municipality ................................................................... 7 Figure 2: Percentage Distribution of Head of Household Age - group ....................................................... 43 Figure 3: Percentage Distribution of Heads of Household level of Education ........................................... 44 Figure 4: Members of Household Level of Education ................................................................................ 44 Figure 8: PAPs Major occupation ............................................................................................................... 46 xviii 1.0 INTRODUCTION AND BACKGROUND Airports in Tanzania play an important role in the country’s transport infrastructure. In addition to providing international gateways, historically, airports have been used in domestic traffic and have been indispensible for pioneering development opportunities in remote rural areas. Overall, the country has 368 airports with the Tanzania Airports Authority (TAA) responsible for 58 airports on the mainland. The majority of the airports are private airfields owned by mining companies and tour operators. Bukoba airport is one of the airports under the management of Tanzania Airport Authority, which is a semi –autonomous authority responsible for operation, management, maintenance and development of the airports in Tanzania mainland in a professional and cost effective manner. Also it provides comfortable, efficient and secure services and facilities for the movement of passengers and cargo in its airports thereby giving a positive image of the country to the outside world. The usage of the Bukoba airport has grown rapidly in the past years and in 2011 passengers throughput were about 29,000 passengers (ADB Group, 2013). Traffic forecasts estimate that the number of passengers will increase to about 37,000 passengers in the next 5 years. Despite these developments, Tanzania’s main domestic air operator who discontinued their LET 410 aircraft to land at this airport because they considered it to be unsafe. The airport had a single runway of gravel construction, with a 1,280m in length and of variable width between 18m and 30m. The airport was poorly designed with a small apron, which was too close to the runway so that parked aircrafts made the runway unusable, a small terminal building with a capacity for small propeller aircraft, no control tower and no security fence. It was on this basis the Government of Tanzania through Tanzania Airport Authority (TAA), with financial support from the World Bank, launched the rehabilitation and upgrading of the Bukoba airport, located in the Bukoba Municipality, Kagera region. To undertake this rehabilitation in the phase I of project implementation in 2008, which was fully financed by the Government of Tanzania, TAA had to acquire land from the adjacent community. However, in this phase, although there was no defined RAP and only GoT guidelines were followed, all properties of 14 affected people including a total land 1 size of 17,851m² were valuated and compensated by the government of Tanzania based on Tanzanian laws and procedures in 2008 and few included in the 2009 RAP. The land acquisition process under phase II of project implementation, financed by the World Bank and government of Tanzania, was followed by the preparation of Resettlement Action Plan (RAP), which was finalized and disclosed in 2009. The RAP report of (2009) was intended to provide guidelines on the process of land acquisition, evaluation, and compensation and livelihoods/income restoration program to the project affected peoples. In order to effectively undertake these activities, TAA commissioned a consultant who carried out the Resettlement Action Plan (RAP 2009) in an attempt to identify the number of people affected by the project, the nature and degree of impact on them, propose measures to be taken to minimize the effects of the project. The financing agreement between World Bank and Government of Tanzania for the second phase of Bukoba project through Transport Sector Support Project (TSSP) was signed in June 2010 and became effective in December 2010. After signing of the agreement, in 2012, TAA commissioned a team of valuers from Bukoba Municipal Council to undertake valuation and compensation processes and provide other assistance to be delivered to affected people. The implementation of phase II of the Bukoba airport expansion and rehabilitation in 2012 led to an increased number of PAPs. Because of this increase, TAA started the process to update the 2009 RAP report, which the draft final was ready in 2014. The draft RAP (2014) report was sent to the Bank for clearance, however, that report was not cleared since some questions were raised that needed clarification. Having raised those questions on the updated RAP of, 2014 a RAP audit was undertaken in 2015 in order to determine if the preparation and implementation of 2009 RAP and updated RAP of 2014 complied with World Bank OP 4.12. The World Bank funded projects and activities are governed by operational policies, which are designed to ensure that these projects are economically, financially, socially and environmentally sound. The Bank's Operational Policies, including OP 4.12, spell them out, and provide guidance on how to comply with them. The findings from the audit report have shown that the implementation of 2009 RAP report for Bukoba Airport Expansion and Rehabilitation Project did not fully comply with the requirements of the World Bank Operational Policy 4.12 and Tanzanian laws with regard to involuntary resettlements. The areas which were not fully complied includes, the consideration depreciation of assets in 2 determining the replacement cost in the valuation of properties, inadequate meetings to inform the PAPs about the project and the RAP process, inadequate identification of vulnerable PAPs, delay in payment of compensation and absence of open and effective grievance resolution mechanisms to all PAPs. Since World Bank OP. 4.12 requirements were not fully complied, the audit report identified the followings gaps:-  The additional number of affected people (between 2009 and 2012) was s not reflected in the RAP update of 2014:  Inadequate Valuation of affected properties  Poor communication with PAPs  Inadequate identification of vulnerable people in the project area and how they were treated  Absence of livelihood restoration programs  Inadequate follow up and audit of RAP implementation  Delay in payment of compensation which is subject to payment of interest rate  Absence of clear and effective grievance redress mechanisms Following the identification of the gaps as indicated in the RAP Audit of 2015, an update of the 2009 and draft 2014 RAP was initiated. This RAP Action Plan and Update report is the result of that process. It aims to addresses and remedies the gaps noted in the RAP Audit and provides recommendations and guidance about the RAP implementation processes by involving all Project Affected People who were under the World Bank funded project activities. 3 2.0 PROJECT DESCRIPTION Bukoba airport constitute a single 1600m x 30m variable width runway; a taxiway and a small apron all gravel surfaced, terminal building. The project involved several activities and components, which were undertaken in two phases as follows; First phase The first phase involved initial upgrade of the Bukoba airport, which was undertaken in 2008 and was financed by the Government of Tanzania. During this phase, the government financed components that involved the rehabilitation of previous runway to gravel standard. The works also included lengthening of the runway from 1200m to 1600m to be able to accommodate aircraft with capacity similar to ATR42 or equivalent, initially, the airport was only handling 12 seat airplanes. In this phase runway strips were strengthened and improved to allow proper flow of storm away from the runway. Second Phase The second phase of the project involved the Rehabilitation and Upgrading of the Bukoba Airport to bitumen standard. Rehabilitation and upgrading of the Bukoba airport commenced in 2010 after the approval of the Transport Sector Support Project, financed by the World Bank and the Government of Tanzania. A RAP was prepared in 2009 and disclosed in the Infoshop on May 2010 that includes 6 property owners (total 7 residential properties) and 8 tenants, out of which only 3 residential tenants. During the implementation of phase II TAA needed to acquire more land from the surrounding local community for future expansion, requiring a RAP update. The first RAP update was not cleared by the Bank since it led to identification of a number of gaps in the RAP being implemented. This called for the RAP audit that was finalized in 2015 and was the bases of the RAP update of 2016 (as noted above there was an earlier RAP update prepared in 2013 that raised concerns and as a result the audit report was prepared). The scope of second phase covered the following activities:- i. Rehabilitation and upgrading of existing runway to bitumen standard ii. Construction of a new taxiway and apron to bitumen standard iii. Construction of a new terminal building including all necessary facilities (such as furniture, screening equipment, CCTV Cameras etc) iv. Construction of access road and car park 4 v. Construction of waste water treatment system (Reed Bed) and storm water drainage structures vi. Installation of ducts for future installation of airfield ground lighting and vii. Construction of security fence 1,241 metres Phase two of the project, which include component i, ii, iii, iv, v, vi and vii has been executed to completion. However, finishing processes including necessary facilities for component iii was going on by the time the audit. Photo 1: Bukoba Airport - New terminal building 2.1 Major Project Components Bukoba airport constitutes a single 1280m x 18-30m variable width runway; a taxiway and a small apron all gravel surfaced, terminal building. The project involved upgrading the airport (runaway, taxiway and apron) to a bitumen-paved surface designed to accommodate ATR 42 aircraft. The project involved rehabilitation of existing structures and expansion of some to meet the requirements of the upgrading programme. According to current design plan, the main structures under the upgrading program included the following: 2.1.1 Runway The runway was extended from 1280m to 1400m in length and has a constant width of 30m. The whole runway surface was upgraded and provided with a bitumen-paved surface. The ATR 42 is the design aircraft and the previous runway length and width of 1058m x 28m was extended by 342 m towards the west of the runway. It was further extended by 150 m each end (west and east) for the Runway and Runway Safety Area 5 (RESA). Thus, the airport was extended north, west and east to include land beyond the ownership of the Tanzania Airport Authority. 2.1.2 Taxiway A new taxiway was provided and linked the newly extended runway to the Apron. The taxiway is of similar construction to the runway. 2.1.3 Apron The apron was rehabilitated and further extended to a sufficient size to accommodate the predicted demands for passengers and aircraft movements. 2.1.4 Fence Reconstruction The outer and short inner fences of the Bukoba Airport were re-located and repositioned in order to accommodate the new extensions and upgrading works. 2.1.5 Other support facilities and services A new terminal building was designed to accommodate the anticipated future passenger demands. In addition, the terminal comprises other airport supporting facilities including outer buildings, car park, security, fire services and metrological station. Other works included under the upgrading programme comprised the improvement of storm water drainage to help maintain the integrity of the runway pavement and took place hand in hand with the extensions of the runway. Such incidences caused TAA to acquire more lands to accommodate extension of the runway and other line infrastructure services such as storm water drains and fence and property owner PAPs increased from the previous 6 (one with two properties total of 7) to 41 plus Tumaini primary school. It should be noted that by the time the World Bank got involved in the phase II of the project in 2010, TAA had already finished compensation of those identified in valuation report of 2008. Moreover, as noted earlier, in addition to the 15 PAPs in 2009 RAP some additional people were impacted due to TAA acquiring land during the implementation. The resulted in total the number of PAPs in phase II reached 23 based on the scope of work mentioned in section 2.0. The other 18 PAPs emerged in 2012 following the TAA 6 decision to acquire more land for future expansion of the airport. The Tumaini Primary School was later included due to safety reasons for both airport operations as well as for the safety children at the school. 2.2 Project location The airport is situated within Bukoba Municipal about one kilometre from Bukoba Municipality Centre at Nyamkazi area. It is located between latitudes 1º00' and 2º45' south and longitudes 30º25' and 32º40' east. The airport constituted a single 1280m x 18-30m variable width runway and a small apron all gravel surfaced, terminal building, fire building, car park, airport manager office. The location of the Bukoba airport in the western shore of Lake Victoria is shown in Figure Figure 1: Location of Bukoba Airport in 1. Figure 1: Location of Bukoba Airport in Bukoba Bukoba Municipality Municipality 2.3 Objectives of this RAP Update Unless properly managed, involuntary resettlement may result in long-term hardship and impoverishment for the affected communities and persons, as well as environmental damage and adverse socio-economic impacts in areas to which the affected persons have been displaced. The main objective of this RAP Update is to ensure any involuntary resettlement caused by the Project is addressed in a manner that meets the standards of OP 4.12, and take into account findings documented in the RAP Audit Report dated September 2015. Specifically, the following activities were done as part of the process to achieve the desired goal of updating the 2009 RAP report:  Carry out a socio-economic census and survey of affected persons from 27th December 2015 to 6th January 2016;  Consult with the affected people and develop additional mitigation measures for the impacts to ensure comply with OP 4.12;  Analyze the data for incorporation into the RAP; 7  Develop a monitoring and evaluation program that TAA will implement to determine whether or not the affected households are able to maintain or improve their livelihoods after these new measures are taken.  Reestablish the Grievance Mechanisms The objectives of the RAP directly align with the requirements of the laws of Tanzania and World Bank Operational Policy 4.12 on Land Acquisition and Involuntary Resettlement. Some of these objectives include the following:  Avoid or at least minimise displacement, wherever feasible, by exploring alternative project designs.  Avoid forced eviction.  Mitigate the adverse social and economic impacts of land acquisition or restrictions on land use by: (i) providing compensation for loss of assets at full replacement cost and (ii) ensuring that resettlement activities are implemented with appropriate disclosure of information, consultation and the informed participation of those affected.  To improve, or restore, the livelihoods and standards of living of displaced persons and;  To improve living conditions among physically displaced persons through the provision of adequate housing with security of tenure at resettlement sites. 2.4 Approach and Methodology In order to adequately collect socio-economic baseline information pertaining to the project area, both qualitative and quantitative methods were used. The various methodologies and approaches are discussed below. 2.4.1 Literature review In conducting the literature review, the following documents were read and analysed in order to understand the RAP process and to identify any gaps in terms of coverage and compliance. The main document was the Resettlement Action Plan of March 2009 that Sir Frederick Snow and Partners Limited in association with Belva Consult Limited prepared. This report was part of the final design report for the planned rehabilitation and upgrading 8 of the airport and the World Bank disclosed it in its Infoshop and approved report. It is crucial to note that this report was the basis and the foundation of this update. The other documents reviewed include the Tanzania land acquisition laws (e.g., the Land Act No. 4 of 1999, the Land Regulations of 2001 and the Land Acquisition Act of 1967), the World Bank Operational Policy 4.12 for Involuntary Resettlement. These documents set the framework for preparation and implementation of the RAP for the Bukoba airport. 2.4.2 Household Surveys Household survey was undertaken in Bukoba Municipal and in Dar es salaam for the PAPs that moved to Dar es Salaam, from 27th December 2015 to 6th January 2016 to identify the characteristics of the potentially affected population ensuring that all the different categories and groups of people to be affected by the proposed project are captured and consulted in as much as possible. The main purpose of the household surveys was to collect information so as to generate a baseline against which mitigation measures and support to the affected persons shall be measured. The household surveys also involved, a comprehensive assessment of people's assets, incomes, livelihood activities and welfare indicators that fed into the preparation of livelihood restoration programs. 2.4.3 Consultation, field visits and interviews: Consultations, field visit and interviews took place at the same time, household survey was being undertaken from 27th December 2015 to 6th January 2016 in Bukoba Municipality, Misenyi (Kyaka), Dar es Salaam and Chunya (through telephone conversation). This component of the exercise was a key element of the RAP update exercise in which affected persons were consulted and interviewed to determine their status, opinion and views regarding the resettlement exercise. Because of the proposed development for the Bukoba airport, there were 42 affected households including, a church and Tumaini Primary School. The plan was to consult with all project affect people, however, this was not possible because some of them already compensated have moved out of Bukoba. Considerable effort was made to reach 9 to as many affected persons as possible taking into account that, many of them have relocated to other areas and since there was no follow up and monitoring. The PAPs who are still living in Bukoba they were reached through the Mtaa chairperson and Bukoba airport manager who organized meetings with PAPs at airport office. For those who were not able to attend the meeting, the consultants under the guidance of the Mtaa chairperson visited their homes for consultation. Three affected persons that moved to Dar es Salam and one affected person who is currently living in Misenyi was followed and consulted. The other affected person who is currently living in Chunya district in Mbeya region was consulted by phone to get his views and concerns. Having done these efforts, 33 PAPs out of 42 were consulted to get their views and concerns in relation to Resettlement Action Plan preparation and implementation. Consultations included meetings with the Bukoba Airport Manager to get details about the RAP process; the Bukoba Municipal Education Officer to get details on issues about the relocation of the Tumaini Primary School; Tumaini Primary School Headteacher and Deputy Head teacher, to get their views about the relocation of the school and the new site. Also, teachers of the school unit for pupils with special needs were consulted to get their views on the needs for the vulnerable children. In addition, the Director General of TAA was consulted to get his views about RAP process. Table 1: Public Consultation and Participation Schedule Date Place Who was consulted Number of People 27.12.2015 Bukoba Airport office Bukoba Airport manager 03 27.12.2015 Bukoba Airport office Project affected people 13 28.12.2015 Kagera Regional Bukoba Regional Administrative 4 Secretary Secretary including Heads of Departments 28.12.2015 Bukoba Municipal Office Land officer, valuer, Education Officer 4 and Community Development Officer 28.12.2015 Ward Executive and Sub Ward Executive Officer, Sub-ward 3 Ward Office 10 Officer and Sub-ward Chair person 29.12.2015 Tumaini Primary school Head teacher and Assistant head 5 teacher of Tumaini Primary School Teacher’s for Pupils with Special needs 29.12.2015 Different locations of Project affected people 07 Bukoba Municipal – Kashai, Rwamishenye, Miembeni and Pepsi 30.12.2015 Different locations of Project affected people 09 Bukoba Municipal – Jamhuri, National Housing, Nyamkazi and Matopeni and telephone conversation with one PAP who is currently residing in Chunya – Mbeya 31.12. 2015 Misenyi - Kyaka Project affected people 01 05.01.2016 Tanzania Airport TAA: , Director – Engineering, 05 Authority – Head Manager – Construction and quarters Maintenance and Head - Environment 06.01.2016 Dar es Salaam Project affected people 03 11 3.0 PROJECT IMPACTS The implementation of phase two of the project, which started late 2010, and the acquisition for more land for the future expansion of the Bukoba Airport has caused several impacts to the people who were living in the project area. These impacts are presented in Table 2. Table 2: Impact categories in the project area Property Number and Number of PAPs & Land size in square Category of properties meters impacts Finished and 04 Residential 04 households 4,219 unfinished structures structures owners 15 Residential 15 household 18,943 structures with crops owners 03 Unfinished 03 households 2,846 structures owners 01Unfinished 01 household owner 1,183 structures with crops 13 plots 13 household 20,631 owners 02 Plots with crops 2 household owners 1,654 Public infrastructure 03 Religious 1 church 4,693 buildings 1 structure 1 unfinished outbuilding 01 Primary school Crops Type of crops Number of PAPs Number of crops/trees Banana 9 households 214 Griveria 2 households 25 Church 02 Avocado trees 7 households 36 Guava 10 households 19 Passion 3 households 06 Pawpaw trees 2 households 04 Sugarcane 7 households 120 Church 06 Mango trees 9 households 17 Palm oil trees 13 households 66 Church 03 12 Coconut trees 2 households 20 Cassava Church 180 Trees Timber trees (Pine, 10 households 34 eucalyptus, Church 13 Msambya &Mpilipili) Shade trees 5 households 13 3.1 Loss of land Under this project, about 54,169m² of land with structures, unfinished structures and crops was acquired for the rehabilitation and upgrading of the Bukoba Airport (phase II). The acquired land was compensated as part of the value of the lost properties to a level that the affected people have been able to replace their land with the compensated amount of money. 3.2 Impact on structures The proposed project has had direct and indirect social impacts on a number of individuals basing on the type and size of structures affected. The socio-economic survey recorded all types of people who have house structures (including residential houses and annexed structures), undeveloped plots or use the total area of impact in one way or the other: whether legal or illegal, permanent or temporary structures, owned by individuals or community structures. The assessment identified 42 PAPs and 26 plots that had finished and/or unfinished buildings, 15 undeveloped plots and the Tumaini primary school. As mitigation measures, all affected structures (finished and unfinished) were compensated based on the current practice of valuation in Tanzania, which is guided by the Land (Assessment of the Value of Land for Compensation) Regulations 2001. In estimating the value of structures, inspection and assessment of the condition of properties, engineering estimates were made and subjecting it to depreciation calculations.. Paying compensation with depreciation costs was not compatible with World Bank OP 4.12 and therefore, deducted depreciation amount on structures will calculated and paid to affected persons, as it shown in the RAP update implementation schedule. 13 3.3 Impact to Public infrastructure The survey identified two public infrastructures that will be affected by the project. These include a church with one finished structure and one unfinished structure and Tumaini Primary School. Currently, the school has 1062 pupils down from 1,276 in 2014. This low number is due to a decision to stop enrolment of standard one pupils because of the information that the school will be relocated to a new site. Tumaini Primary School also has 28 teachers and consists of the pre-preprimary school class; primary school classes 1 – 7 with 14 streams; Teachers Resource Centre (TRC) and a class for children with special needs. It has been decided that the school will be relocated to Mafumbo area within the Bukoba Municipal Council. The Bukoba Municipal Council has allocated land for the school and the design of the new school is ready and construction costs shall be paid by the project. In addition to relocating the school, the old buildings that under the gliding path will be demolished and the site fenced off. The Church leadership has been compensated for the loss of the church and associated structures as discussed in Section 5.2.3. 3.4 Impacts on crops and trees Farm properties constituted permanent crops and trees such as coconut, fruit trees, banana, shade and a variety of indigenous trees As indicated on Table 2, almost 90 per cent of affected structures had a piece of land with permanent crops such coconut, palm oil, fruit trees, timber, shade and other indigenous trees that have been affected by the project. Furthermore, about 15 plots covering approximately 22,285m2 with different crops have also been affected by the project. Monetary cash compensation for perennial crops was done in accordance with crop schedule prepared by the Kagera Regional Secretariat in order to arrive at the current market value for crops. For crops that were not in the crop schedule, but common in Kagera Region, the comparative method was applied to ascertain the market value for those particular crops. In the case of seasonal crops, the PAPs were given sufficient time to harvest their crops in order to have minimal disruption or disturbance on the affected households’food availability; 14 4.0 ORGANIZATIONS AND RESPONSIBILTY 4.1 RAP implementation Organizations and Institutions Several organizations and institutions have been involved in the development and implementation of this RAP at different levels as discussed below; (a) Tanzania Airport Authority (TAA) As soon as this RAP Update is cleared and finalized, TAA will formally disclose it in the country and among the affected people. For this purpose, TAA will organize meeting (disclosure sessions) with the PAPs and community at large. The sessions will be chaired by the Environmental Officer from TAA and attended by the Bukoba Airport manager, Kagera Regional Administrative Secretary representatives, Bukoba Municipal Council and Ward / Mtaa Government representatives. (b) The Ministry of Finance through TAA The Ministry of Finance through Ministry of Works, Transport and Communication have disbursed the compensation funds to TAA Head quarters office to pay the PAPs and public institutions eligible for compensation. However, it should be noted that due to lack of sufficient funds to pay all the PAPs on time and at once during the second phase of the project implementation payment were made in phases depending on which area was most needed for construction. Since the payments were made in phases, the PAPs vacated the project area after being compensated. (c) Ministry of Lands, Housing and Human Settlement Development The Ministry of Lands, Housing and Human Settlement Development is responsible for policy, regulation and coordination of matters pertaining to land in Tanzania. The Ministry administers the various land laws and is also responsible for ensuring that land acquisition and compensation are undertaken in accordance with the laws and that there are no complaints from the affected persons.. All instances of acquisition of land for public purposes and the need for resettlement and/or compensation have to be referred to Commissioner for Land. 15 (d) Bukoba Municipal Council The Bukoba Municipal Council in collaboration with TAA dispatched the dislocation notices to the concerned Project Affected People whose land and properties were to be affected by the project. The Municipal Council also administers land matters relevant to their jurisdiction, including in this case the allocation of alternative land for the Tumaini Primary School. (e) Ward and Mtaa Level The Local Government system in Tanzania is based on the decentralization policy and is enshrined in the Local Government (District Authorities) Act No. 7, 1982, the Local Government (Urban Authorities) Act No. 8, 1982 and the Regional Administration Act (1997). Administratively, Tanzania is divided into three levels of Local Governments whereby each level has statutory functions with respect to development planning. The three levels are: District /Municipal / City Councils; Town Councils and Ward; and Village/Mtaa Councils. Districts are LGA‘s that are found in rural or semi-rural settings. For the purpose of this RAP update Local Government at Mtaa and Ward were the main focal points of identification of the PAPs, arranging for the meetings and focus groups discussion and consultation. They also participated in the RAP implementation once it was approved. They were involved because these were the ones who were familiar with PAPs as well as familiar with the actual losses the PAPS had suffered in terms of land, structures or crops/trees (f) Independent local NGO As part of this RAP update, a representative from local independent NGO known as Bukoba NGO’s Network (BUNGONET) was involved to assist in raising public awareness on resettlement and facilitate local community participation in RAP implementation. This NGO will be involved to witness the fairness and appropriateness of the whole process. It will also be involved in the monitoring of the resettlement process, establishing direct communication with the affected population and community leaders. The distribution of roles and responsibilities are shown in Table 3. 16 Table 3: Institutional roles and responsibilities in RAP implementation Name of institution Roles and responsibilities Tanzania Airport  Disclosing of RAP Update to the community after its Authority preparation and approval.  Organize meeting sessions for the affected PAPs and community at large  Authorize the Contractor to start demolition works of Tumaini primary school.  Dispatch the dislocation notices to the affected persons  Liaise different government institution in RAP implementation  To effect compensation payments to PAPs Ministry of Finance  To disburse compensation funds to TAA through the Ministry of Works, Transport and Communication to pay the PAPs and Public Institutions eligible for compensation. Ministry of Lands  Responsible in making sure that the amount of money paid to the PAPs is equivalent to the value of affected properties and in line with the laws or approved procedures  approval of valuation reports.  Administers the various Land Acts  Deals with land allocation, acquisition, and registration and land management Ward and Mtaa Level  Administrator at the local level  Identification of PAPs as they are the ones who are familiar with them  Receive and file grievances from the grieved affected party (PAP).  Hears and rules grievances through Mtaa Grievance Redress Committee (MGRC)  Forwards unresolved grievances to District Grievance Redress Committee (DGRC). Bukoba Municipal  Dispatch the dislocation notices to the concerned Council affected PAPs 17 District Grievance  Receives unresolved grievances from MGRC Redress Committee  Hears and rules unresolved grievances forwarded from (DGRC) Mtaa Grievance Redress Committee (MGRC)  Forwards unresolved grievances to appropriate Regional Secretariat. Independent local NGO  To raise public awareness on resettlement process  To facilitate local community participation in RAP implementation.  Member of Grievance Redress committee to help PAPs on technical issues and create awareness on various matters. 4.2 Inter-Agency Coordination The RAP activities and process require inter-agency coordination among and between different institutions. The Ministry of Works, Transport and Communication has the responsibility to oversee that the Government policies and regulations related to Airport expansion development and its related acts are in place. TAA as a project owner has a responsibility of coordinating the project activities including monitoring and evaluation of the project implementation. Three committees were formed in implementing RAP and these are:  Resettlement Steering Committee  Compensation Committee  Grievances Redress Committee The Committees composition and responsibilities are outlined in Table 4 below Table 4: Committees and Responsibilities for RAP implementation UNIT RESPONSIBILITIES MEMBERS Resettlement Steering  Oversight management  Representative from Committee and coordination of RAP Kagera Regional implementation Administrative Secretary activities and teams  Bukoba Municipal Land  Liaison with Valuer (Chair) municipality, district,  Representative of TAA 18 government agencies  Two representatives of and other stakeholders PAPs (One from  Review of periodic business tenants and progress report in One from residential accordance with RAP tenants) guidelines  Representative from religion leaders Compensation Committee  Coordinate management  Representative from of compensation process Kagera Regional  Ensure compensation is Administrative Secretary consistent with RAP  Representative from guidelines district Commissioner’s Office (Chair)  Bukoba Municipal Land Officer  Representative of TAA  Two representatives of PAPs Grievance Redress  Address entitlement  Representative from Committee issues and other disputes Kagera Regional and concerns among Administrative Secretary PAPs and other  Bukoba Municipal Land stakeholders Officer (Chair)  Representatives of TAA  Advice PAPs and other  Four representatives of stakeholders on redress PAPs mechanisms which  Representative of a cannot be resolved Local NGO  Liaise with other authorities and Resettlement Committee 19 5.0 POLICY AND LEGAL FRAMEWORK The land acquisition process and the resettlement action planning and its implementation are a function of several policies and laws that together, creates an enabling environment for a positive change as desired by those policies and laws. The Bukoba Airport RAP was to be conducted on the basis of the policies as discussed below. The following policies and legal framework of the Government of Tanzania are relevant:  National Land Policy 1995 set out the fundamental principles guiding land rights and management  Constitution of the United Republic of Tanzania (1997 as amended 1998) stipulates the right of citizens to own and the right to have his or her protect protected;  Land Acquisition Act 1967 establish principal legislation governing the compulsory acquisition of land in Tanzania;  Local Government Acts no. 7 and 8, 1982 on district and urban authorities, respectively stipulate the functions of district/urban councils, governing functions and duties of local government authorities in the management of land;  Land Act and Village Land Act 1999 enacting the National Land Policy 1995 which became operational in May 2001;  Land Act (1999, as amended 2004 revises and expands the mortgage provisions in the Land Act 1999 to facilitate the granting of mortgages to secure loans, and to make it easier for lenders to take possession of mortgaged land and sell it in the event that the borrower defaults on the loan;  Land Regulations 2001, and the Village Land Regulations 2001, which provide basis for assessment of the value of any land and unexhausted improvement for the purposes of compensation;  Courts Act 2002 stipulates provisions on settlement of land disputes;  Town and Country Planning Act of 1956 (revised in 1961) guides, direct and control land development in compliance with other laws such as Land Act of 1999 20 5.1 The National Land Policy The National Land Policy 1995 addresses issues of: land tenure, promotion of equitable distribution of land access to land by all citizens; improvement of land delivery systems; fair and prompt compensation when land rights are taken over or interfered with by the government; promotion of sound land information management; recognition of rights in unplanned areas; establishment of cost effective mechanisms of land survey and housing for low income families; improvement of efficiency in land management and administration and land disputes resolution, and protection of land resources from degradation for sustainable development. Generally, the land laws' objectives are: i. To recognize that all land in Tanzania is public land vested in the President as a trustee on behalf of all citizens; ii. To ensure that existing rights in and recognized long standing occupation or use of land are clarified and secured by the law; and iii. To pay full, fair and prompt compensation to any person whose right of occupancy or recognized long-standing occupation or customary use of land is revoked or otherwise interfered with to their detriment by the State under this Act or is acquired under the Land Acquisition Act, 1967. The National Land Policy 1995 also provides guidance and directives on land ownership and tenure rights and taking of land and other land based assets. The following principles are the basis of the Policy: i. All land in Tanzania is public land vested in the President as trustee on behalf of all citizen; ii. Land has value; iii. The rights and interest of citizens in land shall not be taken without due process of law; and iv. Full, fair and prompt compensation shall be paid when land is acquired. 5.2 Legal Framework 21 There are various legal provisions that provide and guarantees ownership to land and the right to be compensated when land is appropriated. For example, Article 24(2) of the Constitution of the United Republic of Tanzania of 1977 notes that “every person is entitled to own property, and has a right to the protection of his property held in accordance with law, therefore it should be unlawful for any person to be deprived of property for the purpose of nationalisation or any other purpose without the authority of law which makes provisions for fair and adequate compensation” This is the supreme law in the country and therefore, its implementation is a matter of constitutional right to the citizens. i. The Land Acquisition Act # 47 of 1967 Even before the Constitution of 1977, land acquisition and compensations were provided in the Land Acquisition Act # 47 of 1967. Section 11 of the Act stipulates that where any land is acquired by the President as proved in this Act, compensation has to be paid for land so acquired, and that people cannot be told to vacate the land without first obtaining fair and prompt compensation. However this Acts sets restrictions to compensation being paid out for land as per Section 12 (1), which states that (i) no compensation is to be paid in respect of vacant land (ii) compensation shall be limited only to the un-exhausted improvement (i.e., anything or any quality permanently attached to the land directly resulting from expenditure of capital or labour of any occupier) on the land. ii. The Land Act # 4 of 1999 and Village Land Act # 5 of 1999 Unlike the Land Acquisition Act, both the Land Act and Village Land Act provide broad coverage on compensation and notes that “payment of full and prompt compensation to any person whose right of occupancy or recognized long standing occupation or customary use of land is revoked or otherwise interfered with to their detriment by the State under this Act or is acquired under the Land Acquisition Act” The basis for valuation is further provided in the Regulations, 2001 of the Land Act of 1999 that states that: 22 a) Compensation assessment shall be based on the market value of the land and unexhausted improvement acquired; b) The market value is to be arrived at using the comparative method of valuation basing on actual recent sales of similar properties or by use of the income approach or replacement cost method for special type of properties which are not saleable or usually do not sell in the market; c) A qualified valuer shall carry out the assessment of compensation and his results shall be verified by the Chief Government Valuer or his representative d) Accommodation, transport and loss of profits are to be paid for unoccupied land and where the move is not very far from the original position e) Where compensation remain unpaid for more than 6 months after land acquisition, the interest for delayed payment shall be on the commercial back rate on fixed deposits The land acquisition process in Tanzania entails several steps that include (i) planning and decision to acquire the land (ii) understanding the required legal provisions and serving the notices to the affected persons (iii) the valuation process, and (iv) approval of the valuation report and payments of compensation to the affected persons. The government valuers or private valuers carry out the valuation of the land and properties that will be affected by the land acquisition but the Chief Government Valuer must approve the final report and sanction payments. iii. The Local Government Act nos. 7 and 8 of 1982 On district and urban authorities, respectively stipulate the functions of district/urban councils. Issues of land are included as objectives of functions and therefore part of the mandates of local government in their respective areas. In Tanzania, the provision of alternative land to the affected persons is not a legal requirement but it can be negotiated between the affected persons and the entity that acquires the land. In some cases, and where the government is acquiring land, local authorities set aside land that can be allocated to the affected persons either free or as at cost that can be deducted from the compensation money. In case, land is provided at a cost, many affected persons usually prefer to be given cash since the cost of the land and other transaction costs are considered higher and 23 prohibitive for the affected persons. Together with costs, issues about long bureaucracy and delays in getting alternative land pushes affected persons to opt for cash compensations so that they can look for land themselves. 5.3 World Bank Operational Policy The World Bank recognizes that if not properly and timely mitigated, involuntary resettlement under development projects, gives rise to negative economic, social, and environmental impacts. Often, production systems are dismantled; people face impoverishment when their productive assets or income sources are lost; people are relocated to environments where their productive skills may be less applicable and the competition for resources becomes greater. In addition, community institutions and social networks are weakened; kin groups are dispersed; and cultural identity, traditional authority, and the potential for mutual help are diminished or lost. It is because of these factors that the World Bank is devoting greater attention to the preparation and effective implementation of the resettlement action plans (RAPs) (World Bank, 2001). The World Bank is addressing the effect of the projects they fund through the careful planning and implementation of the Operational Procedures on Involuntary Resettlement (OP.4.12). The main objectives of OP 4.12 are as follows: a) Involuntary resettlement should be avoided where feasible, or minimized, exploring all viable alternative project designs, b) Where it is not feasible to avoid resettlement, resettlement activities should be conceived and executed as sustainable development programs, providing sufficient investment resources to enable the persons displaced by the project to share in project benefits. Displaced persons should be meaningfully consulted and should have opportunities to participate in planning and implementing resettlement programs. c) Displaced persons should be assisted in their efforts to improve their livelihoods and standards of living or at least to restore them, in real terms, to pre-displacement levels or to levels prevailing prior to the beginning of project implementation, whichever is higher. OP 4.12 covers direct economic and social impacts that both result from World Bank-assisted investment projects and are caused by the involuntary taking of land resulting in: 24 a) Relocation or loss of shelter; b) Lost of assets or access to assets; or c) Loss of income sources or means of livelihood, whether or not the affected persons must move to another location d) The involuntary restriction of access to legally designated parks and protected areas resulting in adverse impacts on the livelihoods of the displaced persons. (World Bank, 2001). Further, the World Bank notes that OP 4.12 is applied to all components of the project that result in involuntary resettlement, regardless of the source of financing and to other activities resulting in involuntary resettlement, that in the judgment of the Bank, are (a) directly and significantly related to the Bank assisted project, (b) necessary to achieve its objectives as set forth in the project documents; and (c) carried out, or planned to be carried out, contemporaneously with the project (World Bank, 2001). This is crucial to note for the Bukoba Airport project as it defines the boundary of the activities that OP 4.12 will be relevant, which includes the Tanzania Airport Authority’s future expansion area although it was originally not considered to be within the core World Bank funded project area. 5.3.1 Resettlement Action Plan In order to address the impacts associated with the project; the borrower has prepared this Resettlement Action Plan Update to include: a) Measures to ensure that the displaced persons are: i. Informed about their options and rights pertaining to resettlement; ii. Consulted on, offered choices among, and provided with technically and economically feasible resettlement alternatives, and iii. Provided prompt and effective compensation at full replacement cost2 for losses of 2 “Replacement cost” is the method of valuation of assets that helps determine the amount sufficient to replace lost assets and cover transaction costs. In applying this method of valuation, depreciation of structures and assets should not be taken into account. For losses that cannot easily be valued or compensated for in monetary terms (e.g., access to public services, customers, and suppliers; or to fishing, grazing, or forest areas), attempts are made to establish access to equivalent and culturally acceptable resources and earning opportunities. Where domestic law does not meet the standard of compensation at full replacement cost, compensation under domestic law is supplemented by additional measures necessary to meet the replacement cost standard. Such additional assistance is distinct from resettlement assistance to be provided under other clauses of Para. 6. 25 assets attributable directly to the project. b) If the impacts include physical relocation, the resettlement plan or resettlement policy framework includes measures to ensure that the displaced persons are: i. Provided with assistance (such as moving allowances) during relocation; and ii. Provided with residential housing, or housing sites, or, as required, agricultural sites for which a combination of productive potential, location advantages, and other factors is at least equivalent to the advantages of the old site. c) Where necessary to achieve the objectives of the policy, the resettlement plan or resettlement policy framework also include measures to ensure that displaced persons are: i. Offered support after displacement, for a transition period, based on a reasonable estimate of the time likely to be needed to restore their livelihood and standards of living; and ii. Provided with development assistance in addition to compensation measures such as land preparation, credit facilities, training, or job opportunities. OP 4.12 also directs that there must be in place a description of the arrangements for implementing and audit the RAP process. Also, to achieve the objectives of this policy, particular attention is paid to the needs of vulnerable groups among those displaced, especially those below the poverty line, the landless, the elderly, women and children, indigenous peoples, ethnic minorities, or other displaced persons who may not be protected through national land compensation legislation (World Bank, 2001). 5.3.2 Gap analysis In order to ensure that the RAP for the proposed Rehabilitation and Expansion of Bukoba Airport meets the environmental and social policies and the World Bank Policy on Involuntary resettlement, a gap analysis was carried out on the relevant Tanzanian and development partner policies, legislations and guidelines. Some of the key points to note are that:  Under the Tanzanian laws, the project affected persons are compensated, and affected persons are only eligible for compensation if they have legally recognised rights to the 26 said land, although the World Bank requires that all affected persons should be compensated, regardless of their occupancy status;  World Bank policy provides for alternative land where compensation is on a land for land basis, compensation in kind, and goes beyond monetary compensation by specifying that income must be restored at full replacement cost;  Under Tanzanian laws, the default position is to pay cash compensation rather than prioritise in-kind provisions;  Under Tanzanian laws, there is no requirement for the provision of supplementary assistance for vulnerable individuals and groups;  Under Tanzanian laws, there is no requirement for livelihood restoration/ improvement and managing resettlement as a development initiative; and  In addition, perennial crops must be compensated for in cash at an established rate and annual crops shall be compensated in accordance to World Bank safeguard policy OP4.12. 5.3.3 Comparison between policies of Government of Tanzania and World Bank Twelve (12) key policy points were identified for comparison between the relevant laws of the Government of Tanzania and that of World Bank policy OP4.12, including: (i) land owners; (ii) land tenants/squatters; (iii) land users; (iv) owner of non-permanent and permanent buildings; (v) encroacher; (vi) timing of compensation; (vii) calculation of compensation and valuation; (viii) relocation and resettlement; (ix) completion of resettlement and compensation; (x) livelihood restoration and assistance; (xi) consultation and disclosure; and (xii) grievance mechanism and dispute resolution. Any Resettlement Action Plan has to be consistence with Tanzanian laws and World Bank OP 4.12, whichever is more stringent. A gap analysis has been undertaken in order to measure the difference between Tanzanian laws and the World Bank OP 4.12 requirements Table 7.1 below provides a summary comparison of legal and international requirements and variances with Tanzanian legislation. Where there is a difference between the two, the higher standard will prevail. 27 Table 5: Comparison of Tanzanian Laws and World Bank Policy on Resettlement and Compensation Resettlement S/N Issue/factor TANZANIAN LAWS WORLD BANK OP.412 COMMENTS 1 The Land Acquisition Act 1967, the Land Act 1999 PAPs are classified into 3 groups (a) OP 4.12: when land taken is primary source of income and Land Owners and the Village Land Act 1999 have made it clearly those who have formal legal rights livelihood, PAPs should be provided with land (‘land for that land owners, with or without formal legal rights are including customary and traditional land’). entitled to full, fair and prompts compensation. They rights; (b) those who do not have form Tanzania: Prompt and fair compensation give room to PAPs also get disturbance allowance, transport and loss of legal rights to the land but have a claim to to buy alternative land at their most preferable places. profit if they were in actual occupation of the acquired such land or assets provided that such Bridge the gap: property. Loss of assets are limited to “unexhausted claims are recognized under the law of  PAPs were given payment in cash improvements”, that is the and developments on the the country; and (c) those who have no  Compensation of structures at replacement cost without land. The law does not cover economic and social legal rights to the land they are occupying taken into consideration depreciation. impacts of relocation. Land owners of (a) and (b) above, are among PAPs who are entitled to full, fair and prompt compensation as well as other relocation assistance. Socio-economic impacts to PAPs are taken into consideration in preparing the RAP. 2 Owner of non- Tanzanian law makes no differentiation between Under the OP 4.12 permanent and non- The gap between Tanzania and OP 4.12 is about eligibility, permanent/permane owners of permanent and non-permanent buildings. As permanent buildings need to be which is hinged upon formal or informal ownership. nt buildings long as ownership can be proved compensation is compensated. Where however, the While, in Tanzania, compensation is based on market value, payable. Determination of compensation is based on displaced persons have no recognizable determined by using the depreciated replacement cost approach for the market value of the property. In practice though, the legal rights they are to be provided with developments on land, OP 4.12 requires that compensation should depreciated replacement cost approach is used, resettlement assistance in lieu of be sufficient to replace the lost land and other assets at full meaning that PAPs do not get the full replacement cost compensation for the land they occupy, as replacement cost. Follow OP 4.12 of the lost assets. well as other assistance. For those with legal rights or recognizable claim cash compensation levels should be sufficient to replace the lost land and other assets at full replacement cost in local markets. No depreciation is included. 3 Encroachers Person who encroaches on the area are not entitled to Resettlement activities based on OP 4.12 Payments of allowances to help the PAPs to improve their compensation or any form of resettlement assistance. is to restore standard of living and livelihoods. Compensation for improvements made to the Encroaches have to demolish their asset without any preferably improve livelihoods. At the land. Right to salvage building materials. compensation, if refuse the authority concern will least to pay for the investment they have demolish at their cost. It is strictly prohibited to made on the land and loss of livelihood especially to build a house or to plant permanent trees related to that and crops within the unauthorized areas 28 4 Encroaching after Encroachers; Persons who encroach on the area after No right to compensation or assistance. the sensitization, Silent the cut-off date are not entitled to census and compensation or any form of resettlement valuation of assistance properties) cut-off date 5 Livelihood There are no legal provisions requiring the government Resettlement activities based on OP 4.12 Payments of allowances help the PAP to improve their restoration to restore livelihood or to provide assistance towards to restore standard of living and livelihoods. the restoration of such livelihoods. Indeed, preferably improve livelihoods. compensation is not payable in the case of restrictions Compensation for lost assets can be to access to areas of livelihood opportunities. monetary, in-kind or both. Moreover there are no provisions that require the OP 4.12 includes measures to ensure that government to pay special attention to vulnerable the displaced persons are: (i) offered groups or indigenous peoples support after displacement for a transitional period, based on a reasonable estimate of the time likely to be needed to restore their livelihood and standard of living; and, (ii) provided with development assistance in addition to compensation measures, such as land preparation, credit facilities, training or job opportunities 6 Timing of Tanzanian law requires that compensation be full, fair Displaced persons are provided prompt In terms of timing, both Tanzanian laws and OP compensation and prompt. Prompt means it should be paid within 06 and effective compensation at full 4.12 require that compensation be paid promptly.. OP 4.12 payment months, failure to do will attracts an interest rate replacement cost for losses of assets also requires that compensation be paid before the land is equivalent to the average rate offered by commercial directly attributable to the project. taken banks on fixed deposits. The compensation needs to be completed Legally, compensation for the acquired land does not before the start of the civil works. have to be paid before possession can be taken, but in current practice it is usually paid before existing occupiers are displaced. In practice, compensation is not paid promptly most of the time, and delays are not rectified paying the interest rate as required by the law. 29 7 Forms of payment Prompt and fair compensation is paid on monetary Preference should be given to land-based Compensation in kind takes time to implement and may be basis resettlement for PAPs whose livelihood is more costly than cash compensation. land-based. In addition, there can be a long, delayed process. Where there is an active land market, prompt and fair cash compensation give room for PAPs to buy alternative land at their most preferable places; resettlement in-kind helps ensure livelihoods from land use are not lost. Follow OP 4.12. 8 Completion of The government can under the law, take possession of Resettlement activities required for the Follow Op 4.12. resettlement and the acquired land at the end of the notice to acquire project implementation should be compensation period, before paying compensation. completed before the affected land, asset Current practice however is such that possession is or resources is taken for project use. usually after the payment of compensation whereby the Provide prompt and effective displaced persons are given time to vacate the land, compensation at full replacement cost for which is usually as soon as possible. lost assets attributable directly to the project 9 Absentee property The project owner, Valuer and local leaders must make In case of absentee owner, effort should Both procedures recognize the importance of contacting owner a sincere and necessary effort to contact the landowner be made to contact the owner and landowner. Interest will be paid to the owner if the time lag or the representative during the valuation. Local negotiate with them on the terms, type will be more than six month from the date of acquisition or government leaders will represent the interests of the and amount of compensation. For revocation unknown owner and the payments will be retained by absentee owners not contacted, sufficient district executive director while effort is taken to find funds to cover the future payments should the owner be reserved 10 Consultation and The gap between Tanzania and OP 4.12 is about OP4.12 requires consultation of PAPs, The provisions in OP4.12 requiring consultation and disclosure eligibility, which is hinged upon formal or informal host communities and local NGOs, as disclosure have no equivalent in Tanzanian law and practice. ownership. appropriate. Provide them opportunities Follow OP 4.12 While, in Tanzania, compensation is based on market to participate in the planning, value, determined by using the depreciated replacement implementation, and monitoring of the cost approach for developments on land, OP 4.12 resettlement program, especially in the requires that compensation should be sufficient to process of developing and implementing replace the lost land and other assets at full replacement the procedures for determining eligibility cost. for compensation benefits and development assistance (as documented in a resettlement plan), and for establishing appropriate and accessible grievance mechanisms. 11 Grievance Under Land Acquisition Act, where there is a dispute OP4.12 provides that displaced person The Tanzanian law does not provide for the establishment of mechanism and or disagreement relating to: (a) the amount of and their communities, and any host grievance resolution mechanisms specific to particular dispute resolution compensation; (b) the right to acquire the land; (c) the communities receiving them, are resettlement cases. Follow OP 4.12 identity of persons entitled to compensation; (d) the provided with timely and relevant application of section 12 to the land; (e) any right information, consulted on resettlement privilege or liability conferred or imposed by this Act; options, and offered opportunities to (f) the apportionment of compensation between the participate in planning implementing and persons entitled to the same and such dispute or monitoring resettlement. Appropriate and disagreement is not settled by the parties concerned accessible grievance mechanisms must be 30 within six weeks from the date of the publication of established for these groups. notice that the land is required for a public purpose the Minister or any person holding or claiming any interest in the land may institute a suit in the High Court of Tanzania for the determination of the dispute. In practice the Government tries to resolve grievances through public meetings of the affected persons 31 6.0 PUBLIC CONSULTATIONS AND DISCLOSURE Consultative meetings were undertaken from 27th December 2015 to 6th January 2016. During the consultations, twelve (12) meetings were done with different stakeholders. A total of 57 persons were consulted including the project-affected people. Public consultation ensured that various groups’ views are adequately taken into consideration in the decision making process. Consultation with the stakeholders aimed at positively conveying information about the planned project development, clear up misunderstandings, allow a better understanding of relevant issues and how they will be dealt with, and identify and deal with areas that are controversial while the project is still in its design stage. The World Bank and Government of Tanzania Guidelines require that the people likely to be affected by a development project are consulted so that their views and concerns are incorporated into development planning. Knowledge of stakeholder’s perceptions (in p articular, affected local communities) assists during compensation and resettlement action planning. Therefore, during the RAP update preparation process, consultations were conducted with relevant stakeholders, including potential beneficiaries, affected groups, and local authorities about the proposed project’s environmental and social aspects and their views considered. In addition to the above, one of the aims of consultations was to build consensus and ensure that the community is well versed with the proposed project. 6.1 Stakeholder Consultations In order to ensure that the interests of the community, the PAPs and the public at various levels, are addressed and incorporated into the design of the RAP, a consultative-participatory approach was adopted to shed some light on the project sub-components, implementation activities, and to explain the likely impact and the resettlement measures available to the PAPs. Throughout the RAP process, formal and informal consultations were undertaken with the central government, Bukoba regional and municipal authorities, wards and street-level government officials, among others. 32 6.2 Objective of Public participation and Consultation The objectives of public participation and consultation were: i. To ensure transparency in all activities related to the resettlement and its potential impacts; ii. To share fully the information about the proposed project, its components and activities; iii. To obtain information about the needs and priorities of the various stakeholders, as well as information about their reactions; iv. To improve project design and, thereby, minimize conflicts and delays in implementation in relation to resettlement; v. To involve public at large together with their responsible institutions and organizations in the project design and planning; vi. Information dissemination to the people about the project and resettlement; and vii. Understanding perceptions of local people towards the project 6 .3 Identification of Stakeholders for Consultation In order to develop an effective stakeholder’s engagement it was necessary to determine who the stakeholders are and understand their priorities and objectives in relation to the Bukoba Airport expansion and rehabilitation project. In this process, the following stakeholders were identified. (i) Local governments  Kagera Regional Administration Office;  Bukoba Municipal Council;  Miembeni Ward and  Mtaa government officials (Pepsi Mtaa, Miembeni, Kashai and National Housing Corporation (N.H.C ) (iii) Others  Tanzania Airport Authority 33  Bukoba Airport Management iii. Individual stakeholders: Individual stakeholders referred to those owning, living or working within the immediate impact area that will experience the highest level of impacts resulting from project implementation. They include:  Affected Households within the project area  Tumaini primary school  Church 6.4 Public Consultative and Participatory Meetings 6.4.1 Methods of stakeholder participation Stakeholder’s interviews and consultations were the main methods followed during the process of this RAP update. The team involved the key identified stakeholders in order to generate issues of concern in relation to project implementation. In respect of the intended project activities, the stakeholders that were consulted raised concerns on a number of issues that need attention. Concerns raised vary from one type of stakeholders to another (from Regional and Municipal officials to Wards/Sub-wards concerns). Some of the issues raised were: i. Land acquisition ii. Availability for land to build new houses iii. Unsatisfactory land and property compensation iv. Unfair compensation among the PAPs with the same property v. Delayed compensation 34 i. Notification to stakeholders Stakeholders were notified prior meeting with them. Notifications and appointment for consultations were made by telephone communication through the Bukoba Airport manager, Mtaa leaders and physical visit. ii. Head of household interviews The socio-economic survey in this RAP covered a total of 33 PAPs. The main purpose of the household surveys was to collect information to generate a baseline against which mitigation measures and support will be measured. The household surveys also involved, a comprehensive study of people's assets, incomes, livelihood activities and welfare indicators. The details of the socio-economic conditions of affected people are discussed in section 7.0 iii. Meetings with Regional and Municipal officials Kagera Region and Bukoba Municipal Council officials were notified and consulted. Checklist and open discussion were applied during meeting with them. iv. Official meetings with Ward/Mtaa leaders Mtaa public meetings were conducted using checklist. Mtaa officials including Chairperson, Mtaa executive Officer (MEO) and committee members were invited and participated in all stages of consultation. Table 6, shown the major views and concerns, which were raised during consultations. 35 Table 6: Stakeholder's views and concerns Issues of Concerns Response Mitigation Measures 1 The amount of compensation The valuation process was TAA to refund was not enough to build another undertaken based on Tanzania PAPs deducted house of the same or better laws, which requires deduction depreciation cost depreciation cost. The deducted depreciation cost will be paid to PAPs as shown in Table 11. 2 The compensation of cash crops The compensation was made PAP should be was less than the yield of crops based on the compensation informed and based on the life span of the schedule prepared by the sensitized regarding crop. Municipal and confirmed by the crop rates set by the Ministry of Agriculture, Food regional Authorities Security and Cooperative, so the as legal basis for valuer had nothing to do with the compensation. rates 3 The compensation amount is less The valuation process was TAA to refund than the value of lost property undertaken based on Tanzania PAPs deducted laws, which requires deduction depreciation cost depreciation cost. The deducted depreciation cost will be paid to PAPs as shown in Table 11. 4 Payments of compensation was Lack of funds from the TAA to pay with delayed government was the reason for statutory interest delayed compensation, however, rates for delayed interest rate have been paid to all payments and PAPs who their compensation were should be informed delayed 5 Unfair compensation compared All PAPs were compensated based TAA to explain to to others on the same criteria. The PAPs basis for assessment of valuation report did valuation and not provide any evidence to show compensation even that there was unfair compensation for PAPS within the same areas but with 36 among the PAPs different properties 6 No alternative land was given to Although, it is true that PAPs In future, clear project affected persons despite were promised to be given land to information should promise the Municipal Council build new houses, the land was not be given to PAPs made for free, PAPs, were compensated and measures to at a rate which could enable them manage to buy new lands, however, many expectations be of them decided buy land in their instituted to avoid area of choice, claiming that it was over-expectations to much cheaper and easily PAPs accessible as compared to allocated land by the municipal 7 No consideration to vulnerable Some of identified vulnerable RAP Audit and groups such as widow, elders people were given special Update exercise and disabled treatment such as a blind person have taken into and elders who were given first account vulnerable priority in payment for group compensation 37 7.0 SOCIAL AND ECONOMIC BASELINES 7.1 Socio – Economic Conditions in the project Area 7.1.1 Demographic Profile of Bukoba Municipality Population According to the 2012 population and housing census, Bukoba Municipal Council (BMC) had a population of 128,796 people of whom males were 62,521 (48.54%) and females were 66,275 (51.46%), thus constituting 5.24% of total Kagera region (2,458,023) population. Nyanga Ward where the airport is located had a population of 3,129 people of whom 1,571 were males and 1,558 were female with an average household size of 4.3 people. This population is likely to have changed by the time of undertaking this RAP update exercise in 2015 although the actual numbers were not taken. Type and pattern of housing Most of residential houses and business structures in Bukoba Municipality are made up of cement bricks with corrugated aluminium roofing. Some are made of burned bricks or steel with corrugated aluminium roofing. 7.1.2 Main Economic Activities Agriculture A substantial area of Bukoba Municipality is fully utilized for subsistence farming – basically small farms that provide additional farm products to enable the inhabitants to earn their living. Tea and coffee are major cash crops grown in the area and banana, maize, sweet potatoes, cassava and yams are the main food crops especially for the majority of the people.. Livestock keeping is undertaken by residents of Bukoba Municipality and Kagera Region at large, but varies in number from one district to another. Livestock reared in the municipality include cattle, goats, sheep, poultry and piggery. Cattle are kept for the provision of milk, meat and other social functions. Goats, sheep, poultry and pig are kept for meat for commercial and 38 business purposes. Livestock and livestock products are sold to meet domestic needs such as school uniforms and medical care. Fishing Fishing is another enterprising activity carried out by town residents in Bukoba. Lake Victoria is the most important fishing ground. There are several people engaged in fishing although, most of these fishers use traditional fishing gears and therefore their catches are normally low. Access to improved fishing gear and boats with outboard engines would have enabled fishermen catch more fish and also serve as means of spreading fishing efforts to more distant fishing ground. Common fish species available in the lake are tilapia, Nile perch, ‘dagaa’, and haplochrornis. Commerce and Trade Bukoba Municipality has various trading activities including shops, bars, restaurants, warehouses, supplies goods, as well as kiosks. Large and medium scale Industrial development is confined to processing of Coffee, foods and tea. The following are the main industrial establishments in the town:  Tanganyika Instant Coffee (TANICA) Co. Ltd;  Coffee Curing factory-BukoP;  Amir Hamza Tea Factory;  Vick Fish Co Ltd (Kagera Branch). Tourism Kagera region offers very fascinating scenery and most interesting tourist attractions with rains throughout the year and the land is evergreen everywhere. Lake Victoria is the biggest and the second largest fresh water in Africa. It attracts visitors with its waves, beautiful air breeze and diversified fish varieties with the smallest sardines to the giants like Nile perch. Besides the great Lake Victoria, there also several small inland lakes, many rivers meandering throughout the region offers good drainage not forgetting the largest Kagera river which traverses the whole length of Kagera border with neighbouring Burundi, Rwanda and Uganda and frequently 39 intercepted by beautiful falls which is a big potential for generating hydroelectric power still untapped. 7.1.3 Economic Infrastructure Communication, Transport and Transportation The importance of Bukoba is also due to its strategic location as a node in the regional transportation network. Different conveyance such as roads, air and water link Bukoba region with the rest in Tanzania. As for road network, the existing road network covered a distance of 173.2 km. Apart from the tarmac roads (18.086 km) which are in good condition, the earth roads (96.865 km) and murram roads (40.599 km) are in a poor condition due to frequent and heavy rainfall in Bukoba town. The situation is very worse especially to the roads situated in the green belt. There are also several ships and boats, which operate in Lake Victoria, between Bukoba and Mwanza every week. There are also air transportation services of light aircraft connecting Bukoba to different part of the country. Bukoba Airport services commercial and non- commercial flights for passengers and cargo. Auric Services LTD, Precision Air and Community Air Services LTD are the main airlines operating at Bukoba airport. Electricity Supply and Energy Sources This town receives reliable supply of hydroelectric power from Owen Falls dam in Jinja, Uganda because of logistical and cost related issues associated with connecting to the National Grid. The actual electricity supplied to the town is 2000 kWh, which is then stepped down to 440V for local consumption.. Other energy sources are charcoal, kerosene and firewood, gas and solar. Charcoal is used for cooking and other domestic purpose, kerosene lighting and cooking and solar for lighting while gas is for cooking and other industrial purposes such as welding. . 7.1.4 Social Infrastructure and Services Water Supply The Bukoba Urban Water and Sanitation Authority (BUWASA) supplies water to the municipal residents. The authority is run by a board, which is constituted by the member representing water users, women, Councillor Representative, community business and the Municipal Director. Bukoba Municipality has plenty of water sources such as springs, rivers and Lake Victoria. 40 Currently, the population served with tape water is 53,000 people, which is about 61% of the total population of Bukoba. Most of the water pipes are concentrated in town centre and only few of the sub-urban areas are connected to the main pipe water system. Total length of distribution water lines is 75 km and about 27km are 50 years old and out dated pipes. Moreover, 35 km of pipe water lines are laid in the unplanned and slum areas. Almost 60% of water supplied to Bukoba Municipality comes from Lake Victoria, 25% from Kagemu stream and 15% from the gravity springs. The quantities of supplied water from the said sources are not satisfactory and also the quality of spring water is not reliable. The actual water demand in Bukoba Municipality is 613,224 m3 and quantity of water produced is 591,700 m3 per month. This means that there is a shortage of 21,524 m3 of water. Challenges facing water and sanitation services in the municipality include: low coverage of water supply especially in semi-urban areas of the Municipal Council; low community awareness on water and sanitation issues; low capacity of the staff and high rate for unaccounted water due to dilapidated infrastructures (BMC Profile, 2015). Health Facilities In provision of health services, Bukoba Municipality collaborates with other stakeholders in delivering curative and preventive services. In this case, there are health facilities, which are run by the government, and those run by private sectors. There is one public owned hospital; 3- health centre; 14 dispensaries; and more that 30 medical stores. Although, there are some achievement in provision of health services, which have been reached, but there are still high burden of diseases to the people living in Bukoba Municipality. Malaria is still the leading disease causing death and is followed by diarrhoea. The Health challenges facing BMC include:  High maternal and infant mortality rate.  High prevalence of HIV/AIDS  Inadequate health facilities to pregnant mothers for deliveries 41 7.2. Socio-Economic Conditions of the Affected People 7.2.1 PAPs Geographical Location. A total of 33 PAPs were interviewed, among these 29 are still living in Bukoba Municipality while the other three PAPs were found in Dar es Salaam and one in Kyaka in Misenyi District where they have established new settlements. The area of residence of PAPs is shown in Table 2. Table 7: Geographical Location of Interviewed PAPs Region/District Location/Mtaa Frequency Percentage Kagera - Bukoba Arusha 1 3.0 Kagera - Bukoba- Rwamishenye 5 15.6 Kagera - Bukoba - Pepsi 14 45.3 Dar es Salaam- Magomeni, Ilala Quarter and Kinondoni and Ubungo (University of Dar es 3 9.1 Ilala Salaam Mbeya - Chunya Chunya 1 Kagera - Bukoba Matopeni 2 6.0 Kagera - Misenyi Kyaka 1 3.0 Kagera - Bukoba Nyamkazi 3 9.0 Kagera - Bukoba Jamhuri 2 6.0 Kagera - Bukoba National housing 1 3.0 Total 33 100 Source: Socio-economic field survey, 2015 The analysis of data on the type of affected properties shows that 17 (59.4%) of PAPs had houses that were affected by the project; whilst 8 (25%) had unfinished structure and 5 (15.6%) had plots with crops that were also affected. It was also found that, almost all the PAPs (except one who is living in Dar es Salaam) were living in their houses. 42 7.2.2 Sex and Age Majority of the heads of households identified were males 23 (71.9%) whilst the remaining 8 (22.2%) were female and 1 (3.1%) religious organization. The average household size is 6 people whilst the highest number of household members is 13 and the lowest is 2 members. The age distribution of heads of households showed that 43.8% fall within the age group of above 60 years. Males form about 71% of this group. Figure 2: Percentage Distribution of Head of PAPs between 40 and 44 years formed about Household Age - group 12.5 %. A further analysis shows that 18.7% of PAPs falls between ages 50 and 59 years. The average age of household head is 51 years. The oldest head of household was 87 years old while the youngest head of household was 35 years. Based on the age distribution analysis, the majority of the PAPs were elders, thus belonging to the category of vulnerable group, hence needed special attention during the implementation of the RAP. 7.2.3 Educational background Education is a major socio-economic variable, which influences nearly every aspect of human life. Education is generally a thriving industry in the study area, like other parts of the country where parents / guardians are constantly struggling to ensure that their family members attain, at least, the minimal level of education. The educational level of the affected persons was 43 relatively high. About 41.9% of the heads of households had up to college/university level of education. About 25.8% had attended primary education attended primary education and 33.3 % were secondary school leavers (Figure 3). The PAPs level of education is shown on Figure 2 Figure 3: Percentage Distribution of Heads of Household level of Education Furthermore, the educational level of other members of household indicated relatively higher level of literacy where only 4 (2.5%) of household member never attended school. Most of the project affected persons 48 (30.6%) have secondary level of education whilst 19 (12.1%) members of households have college/ university education and 18 (11.5%) have primary education. There were also 12 (7.6%) members who were attending primary school, 22 (14%) members attending secondary school, 23 (14.7) attending colleges and universities and other 11 (7%) members who were below schooling age. Figure 3 below provides educational background of other members of households. The household’s member level of education is shown in Figure 4. Figure 4: Members of Household Level of Education 44 7.2.4 Marital Status Marital status is a very important factor in determining how a person gets affected or become vulnerable to resettlement or relocation. Over 77 % of the affected persons were married whilst 4 22. % of the affected persons are widows. Widows are particularly vulnerable because in African context, men generally control assets and upon death of their husband, they are not easily considered as heirs. This group needed special attention and treatment during the preparation and implementation of the RAP. 7.2.5 Household Sizes The average household size was 5.3 persons per household. This is a relatively higher than the national average household size of 4.8 persons. The largest household size ranged from 6 to 8 people. The high number of average household size has implication to the total number of Figure 5: Sex Distribution of Members of Household dependants who have been affected by the project. The population of affected households consists of 189 members. Out of 189 people, 102 (54%) were females and 87 (46%) males. This excludes members of EAGT church and students of Tumaini primary school who were also affected by the project. Figure 5 illustrates sex distribution of of household members affected by the project. 7.2. 6 Land ownership and land utilization Residential areas in Miembeni ward where the project is located constitute both planned (80%) and unplanned (20%) areas with associated institutions such as schools, banks, post office, dispensaries, police station and prison. Land uses in the ward include settlement and farming. Most individuals and institutions especially in the planned and surveyed areas at Miembeni ward have been issued Right of Occupancy (Title Deed). Land in Tanzania is owned by the state and can be allocated by the state to users under specified tenure regimes. 45 At the project area the Miembeni ward as an urban area, land is administered and managed by the Bukoba Municipality (Lands Office). 7.2.7 Occupation The respondents were engaged in diverse occupations such as business, wage employment, petty trader and farming. About 50.0% of the PAPs were involved in business before the relocation, but this category was reduced to 44.4% after relocation. PAPs who were involved in wage employment accounted for 18.8% of the PAPs compared to 11.0% after Figure Figure 6: PAPs 4: Major occupation major 6: PAPs Major Occupation relocation. The number of petty trader has remained the same at 2 (11.0%) before and after relocation. This is summarized in Figure 6. Since the majority of the affected people are involved in business and petty trade a possible livelihood restoration and development strategy could be the provisions of loans with low interest’s rates through available financial institutions, which could assist the PAPs to restore their incomes. 7.2.8 Source of income and Average monthly income The most common major source of income in the project area was running business involving 50.0% of affected people. Business was followed by wage employment accounting for 16.7% of the PAPs before the project and petty trade and farming were dependent by few PAPs. PAPs average monthly income was difficult item to assess because many people do not keep records of what they get from their major sources. Also other PAPs were not willing to disclose what exactly they are getting from their business or any activities. However, the few who responded to the question indicated that the average monthly income generated 46 from the major occupations varied widely from below TSHS 250,000 to above TSHS 1,000,000. 7.3 Vulnerable people In this RAP, vulnerable PAPs include retired officers (over 60 years old), elderly people (over 60 years old), orphans, widows, people with health problems causing disabilities (such as the 45 pupils at the Tumaini Primary School). Table 8 shows more details about this category of PAPs. Table 8: List of Vulnerable PAPs in the Project Area S/n Number of PAPs Type of vulnerability 1 First PAP – from the list for Elders and retired officer (86 years future expansion old) 2 Second PAP Elders (71 years old) with physical disability (Blind) 3 Third PAP Widow 4 Fourth PAP Orphan (family member) 5 Fifth PAP Widow - the husband passed away when the valuation process was going on) 6 Sixth PAP 45 pupils with mental disability Source: Field survey, 2015 47 8.0 ELIGIBILITY AND ENTITLEMENT 8.1 Eligibility criteria for all PAPs The criteria for eligibility for compensation are in accordance with WB OP 4.12 and refer to:  People or other entities who occupy or use land and have formal title/legal rights to assets and land--whether granted right of occupancy (Statutory Rights of Occupancy)- -or a deemed right of occupancy based on customary laws and practices (Customary Rights of Occupancy); or proven and bona fide long standing occupancy  PAPs who have no legal rights or claim to land they occupy; and  PAPs that have no legal right but use or occupied the land before the entitlement cut off date set during the RAP process. In general, WB OP 4.12 requires the affected persons who suffer from losses or are negatively impacted by the acquisition of land irrespective of their status be eligible for resettlement entitlement or some suitable kind of assistance. 8.2 Categories of project affected people The socio-economic survey recorded all types of people who have house structures including residential houses, church and farms in a total area of impact of about 54,169 m2 in one way or the other: whether legal or illegal, finished or unfinished structures, owned by individuals or community structures. Table 9 below shows the different categories of affected persons and the type of loses they incurred 8.3 Entitlement Matrix The principle adopted from the Tanzania Laws establishes the eligibility and provisions for all types of losses (land, structures, businesses, loss of accommodation, disturbance, crops, transport costs resulting from displacement and trees). All affected persons were compensated at full replacement costs and other allowances. Following the apparent gap in Tanzania laws on involuntary policy and that of the World Bank, this RAP update have been prepared to aligned with the World Bank Operation Policy 48 which indicates best practices for rehabilitation of livelihoods of people affected by the implementation of the project. The Bank’s policy is applicable because: (1) They are involved in the funding of the project and, (2) Its policy best fulfil the pro-poor objectives of the projects, ensuring that the conditions of PAPs are preferably improved or at least restored to pre-displacement levels as well as offers special considerations for vulnerable and landless PAPs. Table 9 defines the eligibility for compensation and rehabilitation assistance for impacts /losses for different types of assets for different categories of PAPs. 49 Table 9: The Resettlement Entitlement Matrix Land and Assets Types of Impact PAP Compensation Residential Land/plots Land and assets used for Title holder/ residential  Replacement value for the land residence affected (15) based on the market price.  Assistance in rental/ lease of alternative land/ property  Relocation assistance (costs of shifting + allowance) Buildings and structures Entire structures are affected Owner (23)  Cash compensation for entire structure and other fixed assets without depreciation and taking into account the market value, or alternative structure of equal or better size and quality in an available location which is acceptable to the PAP.  They received cash compensation equivalent to 36 months of lease/ rental fee.  Right to salvage materials without deduction from compensation.  Relocation assistance (costs of shifting + allowance (disturbance accommodation and loss of profit). Religious land Land and assets used for Title holder –EAGT  Cash compensation for the land and religious purposes were assets for replacement of the church 50 affected church taking into consideration the market and value of the land.  Cash compensation equivalent to 3 months of lease/ rental fee till the church can be replaced.  Assistance in rental/ lease of alternative land/ property.  Relocation assistance (costs of shifting + allowance) Place of worships Entire structures are affected The Church owners  The removal of these assets and objects should be done with full (1 church with two structures) participation of those impacted. Any expenses for moving or preserving these assets should be included. Crops and Trees Crops and Trees lost Title holder  Cash compensation was based on type, age and productive value of affected trees. Land/building/structures/Crops Loss of Vulnerable People  Replacement value for the land Land/building/structures/Crops based on the market price.  Give first priority during payment of compensation  Assistance in rental/ lease of alternative land/ property.  Relocation assistance (costs of shifting + allowance)  Provide necessary support 51 8.4 Cut-off Date The cut-off date is in many times determined by the timing in which key project activities such as the census, survey of the project-affected area and data validation by competent authorities are completed. In the case of the proposed Rehabilitation, upgrading and expansion of Bukoba Airport, the cut- off date was set as the date when the sensitisation, valuation and census exercises ended namely on 25th June 2012. 52 9.0 METHODS OF VALUING AFFECTED ASSETS AND COMPENSATION PAYMENTS 9.1 Methods of Valuing Affected Assets The calculation of compensation and other resettlement allowances for displaced property owners was based on current practices in Tanzania for valuation and compensation of properties. Under these practices, compensation to be paid is the market value of the affected land, structure or asset (direct comparison method) and standing crops (earnings approach) as determined by the valuation assessments. The compensation items in this RAP update included: i) Value of the land; ii) Value of unexhausted improvements (house, church, other unfinished structures, trees and crops) Compensation was effected for any loss of interest on land and including various kinds of allowances, e.g., disturbance, transport and accommodation. 9.1.1 Compensation for structures In determining the compensation for structure the Valuer adopted the Replacement Cost Method, i.e., cost of replacement or selling the affected property (e.g. cost of construction materials, price of buying and selling land and transportation costs, labour) at the date of valuation. The Valuer conducted a market survey to determine the current replacement costs and open market values. However, in determining the compensation rate, the valuer included depreciation cost that was deducted during the payment. The deduction of depreciation cost in compensation does not comply with resettlement measures required by the WB OP 4.12 which recommends, however, that compensation be calculated at full replacement value (not depreciated). In order to comply with WB OP, this RAP update has requested the developer to pay the deducted depreciation cost to all eligible PAPs, which will be implemented as shown in the RAP update implementation schedule. 9.1.2 Compensation for loss of crops 53 Valuation and compensation for crops affected as a result of land acquisition was carried out in accordance with the provisions of the Land Act and Village Land Act of 1999. The market value approach was applied in this case, using compensation schedules and prices prepared at the regional level. These prices are a result of market survey to determine the prices for various crops Annual crops were not compensated because PAPs were given sufficient time to harvest before commencement of project activities. 9.1.3 Compensation for loss of accommodation This is cash payment (allowance) that was provided to affected persons that lose houses and other structure they were using as accommodation. The allowance is aimed to enable affected persons to cover cost for renting similar houses or structures for a period of three years (36 months) while re-establishing themselves elsewhere. Section 8 of the Land Regulations, 2001 directs the use of market rent to calculate the total accommodation allowance to be paid to the affected persons for 36 months. The market rent is arrived at after a survey of the common monthly rents in a given area and used as basis for the calculations. For the purpose of this RAP update, accommodation allowances were calculated based on monthly rent of the acquired property per month over a 36 months period. The following is the formula which was applied to calculate accommodation allowance = Rent/p.m x 36 Months. 9.1.4 Payment of transport allowances According to Section 179 (11) of the and Act, transport allowances shall be the actual cost of transporting 12 tons of luggage by rail and road within 20 km from the point of displacement. The basis for establishing the transport cost is the market rate that transporters apply. As shown in the entitlement matrix (Table 9) all PAPs with permanent structures were given transport allowance to facilitate transportation of their properties based on the following formula; 12 tons x actual cost/ton/Km x 20Km. 9.1.5 Disturbance allowances Disturbance allowances were paid because of disturbance the landowners experienced by vacating the land and all the attachment made due to the land acquisition process. 54 Disturbance allowances were calculated by multiplying value of land by average percentage rate of interest offered by commercial banks on fixed deposits for twelve months at the time of the loss of interest in land. The formula for calculating disturbance allowance is as follows: Land value x Average interest rate on the Land offered by Commercial Banks on 12 Months fixed deposits 9.1.6 Salvaging All assets that were to be removed, such as building materials, was regarded as additional benefit to PAPs. Their value was not deducted from the assessed compensation value. 9.2 Interest for delayed payment of compensation The Land Act directs that payment of compensation must be prompt, meaning as quickly as within six months after the land has been acquired or title revoked. In case there is a delay, the entity acquiring that land will be compelled to pay interest for delaying the payment. Section 13 (1- 3) of the Land Regulations, 2001 states that interest upon any compensation shall be paid by the Government or the Local Government Authority only where there is no prompt payment of compensation. The interest is usually 6 % multiplied by the years passed from the date when possession was taken until such compensation is paid. In this RAP a total of 30 PAPs were eligible for interest payment,. Among the eligible PAPs, 25 have been paid their interest, while five PAPs have not been paid. The payments for the remaining PAPs have not been effected because three of them have taken their cases to court; one has filed complaints to the grievance redress mechanism and one PAP his whereabouts is not known. The payment for the four PAPs will be made subject to court and GRM decisions. 9.3. Resettlement Assistance and Livelihood Restoration Displacement from homes, lands and livelihoods interrupts the process of growth and development towards an adequate standard of living because displaced people are deprived of resources and opportunities for self-development to which they would have otherwise had access. Their trajectory of progression is reversed, at least in the short and medium terms, 55 and they are unwillingly thrown into a situation that calls forth coping strategies rather than growth strategies (Bugalski, et al, 2003). The World Bank OP.4.12 advocates that the displaced persons should be assisted in their efforts to improve their livelihoods and standards of living or at least to restore them, in real terms, to pre-displacement levels or to levels prevailing prior to the beginning of project implementation, whichever is higher. In the 2009 RAP report there was no stated livelihood restoration program however, during the household survey, it was noted that one vulnerable PAP (a blind) and other two chronically ill PAPs were given special attention during the payment of compensation. This sort of assistance was not an outcome of clear livelihood restoration program but an attempt to deal with an isolated case A livelihood restoration program must be developed taking into account different PAPs, their means of livelihoods and measures that can be taken to support the restoration program. For example, there are PAPs that lost residential houses. The compensation process must ensure that they are paid according to replacement cost methods so that they can at least build similar or better houses. The calculations for replacement costs usually take into account transaction costs and others but the search for land may not be factored into such costs. The livelihood restoration plan therefore can take into account of this fact and cause the authorities to provide support in the search for alternative lands. 56 10.0 INSTITUTIONAL FRAMEWORK The RAP implementation envisaged for the Bukoba Airport Expansion and Rehabilitation Project several steps, involving Tanzania Airport Authority (Head Quarter), Bukoba Airport Manager’s office, Kagera Regional Commissioner’s Office, Bukoba Municipal Council, .individual PAPs, and affected communities. 10.1 Tanzania Airport Authority (TAA) The overall responsibility and coordination for the resettlement was and is still in the hands of the government of Tanzania (through TAA) under its administrative and financial management rules and manuals. TAA was also responsible to disclose to the PAPs the updated RAP report, however, the World Bank did not clear the RAP report. Therefore, it is expected that as soon as the RAP update is cleared, TAA will formally disclosed it to the affected people. The Ministry Transport and Communication through TAA disbursed the compensation funds to the TAA to pay the affected people eligible for compensation. However, it should be noted that due to lack of funds, the compensation for the majority of PAPs was delayed and payments were made in phases depending on availability of the funds and the area needed for development at that particular time.. Due to delay in compensation payment, TAA has been compelled to pay interest rate of about 147,343,352.00 Tshs to about 30 PAPs as required by Tanzanian laws. In order to ensure a smooth implementation of the RAP, TAA set up Resettlement Steering Committee, which was (is) responsible for managerial functions including resettlement planning, implementation, monitoring and funding. The Committee was made up of the following representatives: i. Kagera Regional Administrative Secretary (RAS) ii. Assistant to Regional Administrative – Responsible for Infrastructure development iii. Assistant to Regional Administrative – Responsible for Planning and Economic Development 57 iv. District Administrative Secretary v. Municipal Land Valuer vi. Bukoba Airport Manager vii. Representative from NGOs viii. TAA Environmental Officer who is responsible for Resettlement issues The Resettlement Steering Committee was (is) also responsible for making policy-related decisions based on the legal framework contained in the RAP, overseeing compliance and governance issues and ensuring that the resettlement process is managed fairly and transparently and is free of corruption or bribery etc. The Committee was (is) also overseeing compensation allocation and disbursement mechanisms and monitoring the development/progress of the resettlement, from project construction through to operation, so that any resettlement issues are addressed in an efficient and effective manner; 10.2 The Resettlement Grievance committee Apart from Resettlement Steering Committee, there was (is) also a Grievance Redress Mechanisms, which was formed to perform the following responsibilities  Receiving and recording grievances, both written and oral, of the affected people, categorizing and prioritizing them, and providing solutions within an agreed timeframe;  Discussing the grievances on a regular basis with the project resettlement steering committee and identifying decisions/actions for issues that can be resolved at that level;  Informing the resettlement steering committee of any more serious issues; and  Reporting to the aggrieved parties about the developments regarding their grievances and the decisions of the resettlement steering committee. The composition of Resettlement Grievance Redress Mechanisms committee is shown in Section 12.1. 10.3 NGO’s around the affected area 58 The NGO’s representative sitting on the Resettlement Steering Committee not only facilitated clear and transparent information provision and communication, but also played a key role in supporting the affected persons. In particular, the NGO’s should play a central role in the implementation of the livelihood restoration and development programmes committed to in the RAP. In this project, one NGO, namely the Bukoba NGO Network (BUNGONET) (was) is involved and has a representative in the Grievance redress mechanism, working with the affected persons helping them to articulate their grievances and preparing submission to the committee for solutions. . 10.3.1 Importance of NGO’S in RAP implementation NGO’s are important players in the success of a resettlement process. As indicated above, the project worked with one NGO in Bukoba and there is need to ensure that they enlist the support of such local organization through a variety of mechanism, including sub-contracting certain functions that seek to mobilize and support affected persons. NGOs are important due to among others, the following reasons:  Gathering and sharing information, which may help to avoid potential problems when implementing the RAP;  Providing information that may be useful for the RAP monitoring and evaluation process;  Developing information dissemination materials and promoting effective community participation;  Strengthening local institutions;  Delivering services to inaccessible communities and vulnerable groups in a cost effective manner; and  Planning and implementing livelihood restoration and development plans in a sustainable manner. TAA and the Regional Authorities, should use measures such as sub-contracting the NGOs to undertake specific tasks hat will shed more insights into the resettlement process including 59 issues such as monitoring of the implementation of the RAP process and submitting reports to TAA and the region. 60 11.0 GRIEVANCE REDRESS MECHANISMS A Grievance Redress Mechanism is an essential tool for facilitating PAPs to voice their concerns about the resettlement and compensation process as they arise and, if necessary, for corrective action to be taken promptly. Such a mechanism is fundamental to achieving transparency in the land acquisition and resettlement processes. The 2009 RAP report proposed a grievance redress mechanism for addressing potential concerns from PAPs who may consider themselves deprived of appropriate treatment under the project, however, the proposed GRM did not function as effectively and appropriately as it was expected. This resulted in a situation where PAPs submitted their grievances to different authorities such as Kagera Regional Administration, Tanzania Airport Authority (Headquarter) and Bukoba Airport Manager or even to the Courts as some have done. A new GRM was proposed and adopted following the review and audit of the original RAP. The new GRM is currently working to resolve some of complaints that have submitted. Potential grievances and disputes that arise during the course of implementation of the resettlement and compensation programme for this RAP incude the following issues: a. Inventory mistakes made during census survey as well as inadequate valuation of properties; b. Disagreements on plot /asset valuation (e.g. inadequate compensation) c. Divorces, successor and the family issues resulting into ownership dispute or dispute share between in heirs or family; d. Where affected individual(s) opt for a resettlement based option, disagreement on the resettlement package (unsuitable location of the resettlement site); and 11.1 Grievance Redress Committees There are two Committees, which are responsible for redressing grievances arising from the PAPs in the project area; i. Mtaa Grievance Redress Committee (MGRC) - at Mtaa level and, ii. District Grievance Redress Committee (DGRC) – at District level 61 Mtaa Grievance Redress Committee (MGRC) is composed of following members: i. Mtaa Executive Officer (MEO), ii. Four Representative from the PAPs (from both sex) iii. Bukoba Municipal Land Officer iv. Two TAA representatives from Bukoba Airport v. One Representative from an NGO who is not a member of the committee but has the role to assist PAPs with complaints to prepare and submit their grievances. vi. One religion leader. District Grievance Redress Committee has the following members  Bukoba District Commissioner – Chairman  Bukoba Municipal Land Officer.  Bukoba Municipal Valuer.  Three PAP representative(s)  One TAA representative Up to January 2016, the Mtaa Grievances Redress Committee had received 10 complaints, conducted four meetings and has made decision on six complaints. The report for six complaints is being prepared and will be shared to the complainants by the end of February 2016. 11.3 Steps to be followed for Grievance Redress The following procedures in Table 10 are followed in this RAP for addressing grievances from the PAPs 62 Table 10: Steps for Grievance Redress Mechanisms Step Reporting Officer/committee Time frame to redress Grievance Grievance not officer/committee members redressed redressed 1 PAP shall submit grievance  Local Mtaa Upon receipt of grievance, the If the grievance is If the grievance is in writing to the Mtaa government Mtaa Grievance Committee resolved and the not resolved, Step 2 Grievance Committee and Leader with the help of facilitator3 shall PAP is satisfied shall follow. receive an  Mtaa chairperson reslve the grievance amicably with the decision, acknowledgement from the  4 PAP with the active participation of a report of the representative(s) Committee Chairperson as aggrieved party within 20 same is prepared  Bukoba Airport proof. If the PAP is unable manager working days from the date of and copies to write, the facilitator or the  Bukoba Airport the filing of grievance. provided to the NGO shall record the same operation officer PAP, TAA, the on behalf of the PAP.  Bukoba District and the Municipal Land Mtaa, and the case Officer shall be closed.  Representative from NGOs in Bukoba Municipality 3 The facilitator could be an independent person or an NGO hired to provide support to PAPs through the grievance and dispute resolution process. 63 Step Reporting Officer/committee Time frame to redress Grievance Grievance not officer/committee members redressed redressed 2 If PAP is not satisfied with i. District Upon receipt of grievance, the If the grievance is If the grievance is step 1 decision, the case Commission DGRC if desired may direct the resolved and the not resolved, Step 3 shall be forwarded to er – facilitator to collect further PAP is satisfied shall follow. Chairman District Grievance Redress information related to grievance with the DGRC ii. District Land Committee (DGRC) at the Officer and submit the same to the decision, the District level. This iii. District committee for its use while facilitator shall committee shall function as Valuer hearing the grievance. The prepare a report of the Grievance Redress iv. 3 PAP hearing shall be completed the same, a copy Committee (GRC) at the representativ within 20 working days from shall be given to District level for the project. e(s) the date of the case referred. PAP for record v. One TAA The grievance shall be The facilitator shall and copies to be representativ forwarded with all the paper e communicate to PAP at least 7 submitted to TAA, details of case till to date to working days in advance the the District SGRC. date, time and venue of hearing. Commissioner’s Office, Municipal Director’s Office and Mtaa Committee for records, and the case shall be closed. 64 Step Reporting Officer/committee Time frame to redress Grievance Grievance not officer/committee members redressed redressed 3 It is expected that all or  Representative(s) If the case is referred to If the grievance is If the grievance is most of the complaints from Regional Regional Secretariat (RS), the resolved and the not resolved, the would be resolved at the Secretariat details of case file shall be PAP is satisfied PAP may take the DGRC level (Step2 above). responsible for submitted to RAS office and the with RS’s case to appropriate lands However, there may still be case shall be heard within 30 decision, the court. i.e., Land  District grievances. For such cases, Commissioner working days from the date of facilitator prepares Tribunal the PAP shall have the  PAP case referred. The facilitator a report of the option to refer his/her case representative(s) shall communicate to the PAP same, a copy of to the Regional Secretariat at least 10 working days in report shall be (RS) for final amicable advance the date, time and given to the PAP, solution . venue of hearing. TAA, the District, and the Mtaa for records and the case shall be closed. 4 PAP takes the case to appropriate court (e.g. Lands Tribunal). 65 12.0 RAP UPDATE RESETTLEMENT SCHEDULE The Implementation of the RAP update consists of several activities. In order to facilitate a detailed and transparent implementation of activities, careful planning of the timings associated with the implementation of the Project’s resettlement process will be essential to its success. It should be noted that the RAP Audit identified a number of issues, which shows non-compliance with World Bank OP 4.12. Therefore, in order to comply with the policy, TAA will undertake the following activities:- i. Calculate outstanding interest using current average Commercial Bank interest rates for fixed deposit and arrange to pay the interest to all PAPs who received their compensation after six month since the valuation report was approved, up to the date the payments will be paid; ii. Compensate 18 PAPs caused by future expansion of the Bukoba Airport based on World Bank O.P 4.12 and Tanzania Land Laws4; iii. Identify vulnerable PAPs and provide them with necessary support to restore their livelihoods; iv. Set up a Grievance and Dispute Handling Mechanism that has representatives from the PAPs and local leadership and is easy to access; v. Address grievances as submitted through the new GRM arrangement; vi. Relocate Tumaini Primary School taking into consideration all necessary requirements of school and children with special needs as stated in this report; vii. Calculate and pay out to PAPs, deducted depreciation costs as per OP 4.12; viii. Undertake assessment to ascertain PAPs livelihoods and social economic condition after compensation to comply with OP 4.12; ix. Undertake a capacity development needs assessment for TAA to be able to have internal capacity to handle RAP processes and ensure quality and control of the process as per national and international best practices. External consultants that can expedite the process could undertake the capacity development needs assessment and provide report to TAA. 4 All PAPs have been compensated. However, there are 5 pending payments - 3 court cases, 1 that could not be traced and another who lodged a complaint to the GRC and was not satisfied with the measures and intends to appeal to the courts of law. 66 Table 11 shows the implementation schedule for various activities for ensuring compliance to WB OP 4.12. 67 Table 11: RAP Update Implementation Schedule Activities/ Periods in Months (2015) 2016 Months Status Jul-Sept Oct-Dec Jan-Mar Apr-Jun July-Sept Oct-Dec Calculate and Done pay interest rates to all PAPs who received their compensation after six month since the cut- off date. Compensate Done 18 PAPs caused by future expansion of the Bukoba Airport based on World Bank O.P 4.12 and Tanzania Land Laws 68 Activities/ Periods in Months (2015) 2016 Months Status Jul-Sept Oct-Dec Jan-Mar Apr-Jun July-Sept Oct-Dec Identify Done vulnerable PAPs and provide with necessary support to restore their livelihood. Set up Done Grievance and Dispute Handling Mechanism that has representatives from the PAPs. Address In grievances as progress submitted through the new arrangement 69 Activities/ Periods in Months (2015) 2016 Months Status Jul-Sept Oct-Dec Jan-Mar Apr-Jun July-Sept Oct-Dec Relocate the In Tumaini progress Primary School taking into consideration all necessary requirements of school and children with special needs as stated in this report Calculate and In pay deducted progress depreciation costs to PAPs as per OP 4.12 Undertake To be intensive study done to ascertain PAPs livelihoods and social economic 70 Activities/ Periods in Months (2015) 2016 Months Status Jul-Sept Oct-Dec Jan-Mar Apr-Jun July-Sept Oct-Dec condition to comply with OP 4.12 Update the Done 2009 RAP Report Undertake To be review of done capacity development needs and undertake programs aimed at building its capacity in safeguard implementatio n and audit 71 13.0 MONITORING AND EVALUATION PLAN In order to ensure a smooth implementation of the Resettlement Action Plan and to maximize its relevance in addressing the needs of the PAPs, the implementation of the plan will be monitored throughout the whole process. The Project’s monitoring and evaluation plan will have three key components that include performance monitoring, impact monitoring and external audits. These three components will constitute two parallel aspects:  Internal monitoring, consisting of performance monitoring and impact monitoring, spearheaded by the project.  External monitoring, consisting of external audits, carried out by an independent third party. The Objectives for monitoring and evaluation of the RAP include the following:  To provide the developer with feedback on RAP implementation and to identify problems and successes as early as possible to allow timely adjustment of implementation arrangements; and  To ensure that the resettlement process is being managed in line with the Project’s objectives and desired outcomes, as well as with the requirements of affected stakeholders. 13.1 Performance Monitoring This is an internally driven continuous process aimed at ascertaining the RAP implementation milestones against a set of certain actions. The project performance milestones will include the following:  Public meetings held;  Grievances redress procedures in place and functioning;  Compensation payments disbursed;  Relocation of people completed;  Livelihood restoration and development activities initiated; and  Monitoring and evaluation reports submitted. 72 13.2 Impact Monitoring This aimed at assessing the lasting change associated with the RAP implementation process. The change is related to the prevailing conditions prior the RAP being implemented. The monitoring can be done by the management of the project or by credible third parties. Ideally, this process should go on for a number of years beyond the lifetime of the RAP as some impacts particularly those to do with income and livelihood restoration efforts and development initiatives may manifest themselves later. 13.3 Completion Audit This completion audit will be carried out by a third party to establish whether the project has implemented all activities needed to ensure compliance with resettlement commitments defined in the RAP and applicable policies, and whether resettlement and compensation can be deemed complete. Among the key objectives of the evaluation or completion audit are the following:  To determine whether the developers efforts to restore the living standards of the affected population have been properly conceived and executed;  To verify that all physical inputs committed in the RAP have been delivered and all services provided;  Evaluate whether the mitigation actions prescribed in the RAP have had the desired effect; and  Measured socio-economic status of the affected population as established through the census and socio-economic studies. At such time as affected people’s quality of life and livelihood can be demonstrated to h ave been restored, the resettlement and compensation process can be deemed complete. 73 14.0 COST ESTIMATES AND FINANCIAL ARRANGEMENTS TO IMPLEMENT THE RAP In line with World Bank OP 4.12 requirements, it is essential that all costs be estimated carefully and included in a detailed RAP budget. Without an accurate assessment of the costs of land acquisition, compensation for lost assets, and physical displacement, project planners cannot determine the real cost of project design alternatives. TAA is the overall project-funding agency and the final authority in all financial matters, is the overall project-implementing agency, and is responsible for all financial arrangements related to project supervision, management and other administrative expenses. Contractors and other service providers who receive funds directly from TAA are responsible for down- stream payments, procurements and process facilitation. The budget so far computed for implementation of the RAP amounts to Tanzanian Shillings 3,199,857,297.03 (Three billion, one ninety nine million eight hundred fifty seven thousands two ninety seven and three cents). This is the total valuation combined for land, crops, trees, buildings/development and disturbance allowance. The costs also include payment of deducted depreciated costs, livelihood implementation programs, payment of interest rates and relocation of Tumaini primary school. A summary of these costs are shown in Table 9. Table 12: Indicative Budget for RAP Implementation Activities Costs in (TZS) Cost for interest rates (8%) to all PAPs who received their compensation 147,343,352.00 after six month since the cut-off date. Compensation for18 PAPs whose their land acquired to meet future 575,063,785.00 expansion of Bukoba airport Compensation for 23 PAPs whose their land acquired to meet Bukoba 1,417,088,560.00 airport project components requirements Cost for identification of vulnerable PAPs and Livelihood restoration 50,000,000.00 Cost for supports of tenants to ensure are adequate and fair treatment as 10,000,000.00 per O.P 4.12 Facilitation to Grievance and Dispute Mechanism Committee 7,500,000.00 Address grievances as submitted through the new arrangement 35,000,000.00 74 Cost to Relocate Tumaini Primary School that will take into 700,000,000.00 consideration all necessary requirements of school and children with special needs as stated in the recommendation section. Cost for deducted depreciation to PAPs as per OP 4.12 257,861,600.03 Total 3,199,857,297.03 Source: TAA, 2015 75 15.0 CONCLUSIONS AND RECOMMENDATIONS 15.1 Conclusion The proposed project is important for the development of the economy in the project area and the country as a whole. However, it is has caused several impacts to the people who were living in the project area. These impacts include loss of property and displacement of people. While the overall objective of the projec t is noble, its positive impacts can be enhanced by ensuring that the identified PAPs are adequately compensated with the aim of improving or restoring their livelihoods to the pre‐impact standards. To achieve this implementing agency (TAA) should ensure that RAP programmes are adequately implemented. 15.2 Recommendations PAPs livelihoods and economic activities have been affected because of the implementation of the proposed project both during and after relocation. Therefore, efforts must be made to enhance restoration of the PAPs livelihoods by ensuring minimal shocks as well as fast recovery and eventual realization of stability through successful implementation of the following RAP recommendations:  Continuous public consultation should be conducted in the project area and the PAPs made aware of the RAP schedule in adequate time. The RAP schedule should include all key RAP activities including formation of coordination and implementation committees, monitoring and evaluation, income and livelihood restoration, assistance to vulnerable groups, grievance redress mechanisms among others.  The proposed RAP update implementation schedule shown on Table 11 of this report should be implemented accordingly. Compensation packages and other resettlement measures should ensure that each category of eligible displaced persons get their fair 76 compensation and this should be done in conformity with the World Bank Operational policy (OP.4.12) which states that the displaced persons should be assisted in their efforts to improve their livelihoods and standard of living or at least to restore them to pre- displacement levels or to levels prevailing prior to the start of project implementation whichever is higher.  Compensation for structures included the full cost of materials, transport and labour required for reconstructing buildings of similar surface and standing, in determining the compensation for structures, depreciation cost were deducted from compensation which has resulted to many complaints with regard to amount of compensation. Since the deduction of depreciation costs does not comply with World Bank OP. 4.12, it is therefore, recommended that the amount of depreciation costs which were deducted during valuation should be paid to all eligible PAPs as it is shown in the RAP update implementation schedule.  Since the World Bank, TAA and Bukoba municipal have principally agreed to relocate Tumaini primary to Mafumbo area for safety reasons, it is important to ensure that the new school to be constructed accommodates at least basic structures and leave space for playgrounds. Consideration should be provided to the following key aspects: (a) Structures for primary classes 1-7 to meet current needs in terms of space and streams; (b) The school must have toilets for girls and boys, for male and female teachers, teachers offices, head teachers’ office, a conference room for holding staff meetings, store for school items, play ground; (c) Provision of special facilities for children with special needs. These should include: i. i. Space for learning and other skills, Resting room for those that fall under seizures, (ii) Playground, eating place, (iii)Store for various items, and store for food, (iv) Toilets for the children – girls and boys and toilets for the teachers 77 (males and females). (v) Office space for teachers (d) While facilities for the children with special needs will all be on ground level, facilities for normal children and their teachers staff office etc can be elevated thus minimizing the risk for children running; (e) Architectural designs should inform decisions whether the Teachers Resource Center (TRC) should be relocated or remain on the same premises, by improving one of existing classes that is located away from the gliding path and convert it into a TRC; (f) The TRC may not have to be relocated to the new site if in the end it is established that the site cannot accommodate all the facilities as needed. Should that be the case, the TRC will remain at the current site and be under the management of the school. Design solutions will provide input in making appropriate decisions about this issue. (g) The construction of the school at the new site must begin as quickly as possible so that the enrolment for next school term can consider standard one pupil otherwise; there will be gaps at the school enrolment and affect intake and performance 78 16.0 . REFERENCES African Development Bank, (2013), Tanzania Transport Sector Review Bugalski, N and Pred, D (2003), Reforming the World Bank, Policy on Involuntary Resettlement. Submission to the World Bank Safeguards Review ,April 2013. Gibbons, C.A; A. Somma & D. Warren (2004), Addressing the Needs of Highly Vulnerable Groups through Demand-Driven Projects: A review of a sample of World Bank projects serving excluded ethnic groups, disabled people, and war-affected groups. Mkiaru E S., (2013), Paper On Transport and Communications Infrastructure Development and Transit Trade Facilitation Prepared Ministry of Communications and Transport. International Finance Corporation (2009) Good Practice Note Addressing Grievances from Project-Affected Communities. Guidance for Projects and Companies on Designing Grievance Mechanisms Number 7. United Republic of Tanzania, Ministry of Transport, Tanzania Airports Authority, (2009); Feasibility Study and Detailed Design for the Rehabilitation and Upgrading of Bukoba Airport – Final Design Report, Resettlement Action Plan. Report prepared by Sir Frederick Snow & Partners in Association with Belva Consult Ltd, March 2009. United Republic of Tanzania, Ministry of Transport, Tanzania Airports Authority (2014), Resettlement Action Plan for the Proposed Rehabilitation and Upgrading of Bukoba Airport, Draft RAP Updated Report prepared by TRES Consul Ltd for TAA, November 2014. United Republic of Tanzania, Ministry of Transport, Tanzania Airports Authority (2015), RAP Implementation and DraftUpdate for Bukoba Airport, Report prepared by Beatrice Mchome for TAA, February 2015. 79 17.0 Annexes 17.1. Annex 1: List of PAPs of 2012 under World Bank project S/n Number of PAPs Type of property Year of Date of Valuation payment 1 First PAP House Crops 2012 08.04.2014 2 Second PAP House Crops 2012 08.04.2014 3 Third PAP House Crops 2012 26.09.2012 4 Fourth PAP House Crops 2012 Refused payment 5 Fifth PAP House Crops 2012 06.09.2013 6 Sixth PAP House Crops 2012 06.09.2013 7 Seventh PAP House - 2012 06.09.2013 8 Eighth PAP House - 2012 06.09.2013 9 Nineth PAP House - 2012 08.01.2013 10 Tenth PAP Church Crops 2012 26.09.2013 11 Eleventh PAP Church - 2012 14.12.2012 12 Twelfth PAP Church Crops 2012 14.12.2012 13 Thirteenth PAP House Crops 2012 18.06.2013 14 Fourteenth PAP House Crops 2012 08.04.2014 15 Fifteenth PAP Unfinished Crops 2012 26.09.2013 structure 16 Sixteenth PAP House Crops 2012 08.01.2013 17 House Crops 2012 14.12.2012 Seventeenth PAP 18 Eighteenth PAP House Crops 2012 14.12.2012 19 Nineteenth PAP Plot - 2012 24.10.2013 20 Twentieth PAP Plot - 2012 14.12.2012 21 Twenty firstnight Plot - 2012 27.05.2013 PAP 22 Twenty secondth House Crops 2012 08.04.2014 PAP 23 Twenty thirdth PAP House Crops 2012 08.04.2014 24 Twenty fourth PAP – 2014 Tumaini Primary School 80 17.2. Annex 2: List of PAPs for future expansion of Bukoba airport S/n Number of PAPs Type of Properties Cut off Date 1 First PAP Unfinished structure - June, 2012 2 Second PAP Plot Crops June, 2012 3 Third PAP Plot Crops June, 2012 4 Fourth PAP Unfinished structure - June, 2012 5 Fifth PAP Plot June, 2012 6 Sixth PAP Unfinished structure June, 2012 7 Seventh PAP House Crops June, 2012 8 Eighth PAP Plot - June, 2012 9 Nineth PAP Plot - June, 2012 10 Tenth PAP Plot - June, 2012 11 Eleventh PAP House - June, 2012 12 Twelfth PAP Plot - June, 2012 13 Thirteenth PAP Plot - June, 2012 14 Fourteenth PAP Plot - June, 2012 15 Fifteenth PAP Plot - June, 2012 16 Sixteenth PAP Plot - June, 2012 17 Seventeenth PAP Plot - June, 2012 18 Eighteenth PAP House Crops June, 2012 Source: Draft RAP Update Report, 2016 81 17.3: Annex 3: Grievance Redress Form Case No.: Name of the Applicant: Date: Address: ID No. (if any): Date and time of VG /WEC/GRC/RS meeting: Name of Facilitator representative: Signature of Facilitator representative: Details of Grievance: Comments of facilitator on the Grievance Decision of Respective Committee Signature of the Chairperson of the Committee the Committee of Committee Members Decision Acceptable to PAP 82 If yes, Signature of PAP Case Referred to WEC/SGRC/RS/Judiciary Date referral is made Signature of the Facilitator Decisions of respective Committee (WEC/SGRC/RC/Judiciary as the case may be) Decision Acceptable to the PAP If yes signature of PAP and date 83