E2315 v3 PHYSICAL CULTURAL RESOURCES MANAGEMENT PLAN FOR THE PROPOSED 400 kV POWER TRANSMISSION LINE IRINGA-DODOMA- SINGIDA-SHINYANGA 1.0 Introduction and Background Information TANESCO is preparing a project to reinforce its existing 220kV transmission line from Iringa to Shinyanga via Dodoma, Singida and Tabora Regions. The proposed project will include the construction of 670 km 400 kV electrical power transmission line. The objective of the project is to improve the power supply in the north-western part of the country. The project also intends to reduce the duration and frequency of power interruptions to the northern regions, improve voltage conditions at consumer’s premises, reduce power system losses in the northern regions, increase customers, and improve the power line capabilities for smooth power transfer to the Lake Zone and beyond. TANESCO prepared the Environmental and Social Impact assessment (ESIA), which includes its Environmental and Social Management and Monitoring Plan. TANESCO further prepared a Resettlement Policy Framework (RPF) with the objective of ensuring that the project-affected people (PAP) are compensated according to the existing Laws and Regulations of the United Republic of Tanzania governing compensation for any loss of productive land, structures or other properties and the World Bank (WB) OP 4.12 Involuntary Resettlement, as a result of land acquisition for the transmission line way leave corridor. Take note that all the documents have been approved by Government of the United Republic of Tanzania and the World Bank and disclosed both in the country and the WB inforshop. 1.1 Way leave corridor acquisition The project aims at the acquisition of a way leave corridor land for the construction of a 400 kV transmission line in three sections, Iringa – Dodoma, Dodoma – Singida and Singida – Shinyanga. Most section of the proposed project are expected to run parallel to the existing 220 kV line, with only minor variations in areas where alternative alignments have been developed due to topographical conditions, social issues that is resettlement and compensation. Establishment of the way leave corridor is expected to cause some effects on physical cultural resources along a way leave corridor. Therefore, the plan is set to safeguard, eliminate and or reduce, effects of established projects on physical cultural resources parallel to Antiquities Act 1964, Antiquities Policy 2008 (3)31, WB OP 4.11 and Cultural Policy 1997 (3) 2.1 1.2 Institutions Responsible for the implementation, Administration and Management Plan of Physical and Cultural Resources The Division of Antiquities (DA) in the Ministry of Natural Resources and Tourism (MNRT) has the mandate to oversee the preservation and development of Tanzania’s abundant and valuable movable and immovable cultural heritage resources. Division of Antiquities (DA) work hand in hand with Local Authorities to perform various functions on conservation and development of Physical and Cultural Resources to include the following: Power to make by-laws and to perform functions in relation to the preservation of, and access to, Physical and Cultural Resources (including the consent of the owner or other persons beneficially interested therein, power to fence, repair and otherwise preserve and protect, and to erect notices or tablets giving information relating to, Physical and Cultural Resources) (Antiquities Act 1964 (16)1; Antiquities Policy 2008 Section (5) (2). TANESCO will be responsible for the overall implementation of PCR management in collaboration with Consultants and Contractors. TANESCO will report immediately to all institutions, which are responsible for PCR. The Central government in its Antiquities Division in the Ministry of Natural Resources and Tourism will be responsible for giving permits or consent in case the PCR are found. Regional and local governments are implementers for the case of grave relocation, and the municipal or district council health officers are the ones in the actual work. 1.3 Legal and Institutional Frameworks. Physical Cultural Resources in Tanzania are managed by the following policies and legal instruments:- 1.3.1 Policy The proposed construction of the 400kV power transmission line from Iringa to Shinyanga via Dodoma and Singida may induce changes in physical cultural resources along the way leave in the villages and the district that the power line will pass through. Some of the sector specific policies for the physical cultural resources may be triggered by the proposed development. The main relevant policies and legislation are discussed below:- 1.3.1.1 The Antiquities Policy of 2008 Antiquities Policy 2008 section defines Physical Cultural Resources as any tangible material that represent contemporary, historic, and pre-historic human life ways. Antiquities Policy (2008) section 2. 1 points out that already discovered Physical Cultural Resources shall be preserved and conserved in the National Museum of Tanzania as stipulated in Museum Act of 1980. On top of that, the Antiquities Policy of 2008 sections 4.2.1 to 6 elaborates on how other stakeholders including government institutions, private sectors and public as whole should be involved in all activities of conservation and management of Physical Cultural Resources. 1.3.1.2 The Cultural Policy of 1997 Section of the 3.2.1 of the Cultural Policy stipulates that “all land development shall be preceded by Cultural Resource Impact studies. Furthermore, Section 3.1.5 says that “mechanisms shall be established to enable the nation to identify, own and preserve national treasurers e.g. art, objects, natural resources minerals as well as archaeological, paleontological and botanical remains. Other policies and instruments include the Constitution of the United Republic of Tanzania of 1994 Article 9 (c). 1.3.2 Laws and Regulations Laws and regulations, which are used as instruments in the management of physical cultural resources, are:-1.3.2.1 The Antiquities Act No. 10 of 1964 and Amendment No. 22 of 1979 An Act to provide for the preservation and protection of sites and articles of Paleontological, Archaeological, Historical or Natural interest and for matter connected therewith and incidental hereto. Under section 10, sub section (1) of the Antiquities Act (discovery of a relic or monuments) states that “any person who, discovered a relic or monument, or any object or site which may reasonably be supported to be a relic or monument, in Tanzania, otherwise in the course of a search or excavation made in accordance with a license ranted under section 13, and the occupier of any land who knows of any such discovery on or under such land, shall forthwith report the same to the administrative officer, the commissioner, the conservator or the curator of the museum. The discoverer of such a relic, monument, object or site shall take such steps as may be reasonable for the protection thereof. 1.3.2.2 The Graveyard removal Act (No. 9 of 1969) An Act to provide for the removal of graves from land required for public purposes. Subject to the provisions of this Act under section 3, “where any land on which a grave is situated is required for a public purpose the Minister may cause such grave and any dead body buried therein to be removed from the land and, in such case, shall take all such steps as may be requisite or convenient for the re-instatement of the grave and the re-interment of the dead body in place approved by him for the purpose�. Here the Minister is the Minister of Land. The act specifies, among other things, that graves shall be relocated, after official notice is given to interested parties and published in the Gazette: • with due regard to the views of the persons interested and the religious susceptibilities of the members of the religious community to which the person belonged whose grave or dead body it is; • in a manner which is not injurious to public health; • in accordance with such directions as may be given by the public officer appointed by the Minister to supervise the undertaking; and • accompanied by such religious rites or ceremonies as are appropriate to the religious community to which the person belonged whose dead body is removed. Other relevant laws include the Memorial act No. 7 of 1980 and the Environmental Management Act of 2004. 1.3.2.3 The World Bank OP 4.11 Physical Cultural Resources The objective of this policy is to assist borrowing countries to avoid or mitigate adverse impacts on physical cultural resources from development project the Bank finances. In addition, it states that the impacts on physical cultural resources resulting from project activities including mitigating measures may not contravene either the borrower’s national legislation or its obligations under relevant international environmental treaties and agreements. Paragraph 9 provides the guidance for preparing PCR management plans and also chance finds procedures. 2.0 The Purpose of the plan. During the ESIA and RPF studies the physical and cultural resources were also documented and evaluated. This plan forms part of the Environmental and Social Management Plan (ESMP) developed during the ESIA study for the backbone project. Its role is to specify how the physical and cultural resources, i.e. archaeological, cemeteries, paleontological and botanical remains will be managed to ensure adequately considerations in conservation and project development, especially during design, construction and operation. The format of the PCR Plan is straightforward. The legal and institutional frameworks for the management and conservation of PCR are briefly outlined. The PCR i.e. archaeological, artifacts, cemeteries, paleontological and botanical remains is then described and discussed in some detail. It is divided into a number of discrete categories, each of which is considered in terms of its significance and it’s potential. Finally a series of conservation and management measures are presented. 3.0 Physical Cultural Resources in the project impacted area Investigation and archaeological surveys prior to the implementation of the project were undertaken for the purpose of recognizing the PCR in the area. 3.1. Identified Physical Cultural Resources Using the above methodology during the ESIA, it was revealed that there are graves and even graveyards in the transmission line corridor. More than 200 graves were found inside the way leave of the existing line (some even established after construction) as well as on the proposed new line. A limited number of these graves may have to be relocated if there is a risk of being destroyed by construction activities. Graveyards and larger agglomeration of graves were found at Kising’a (Iringa Rural) (25 graves), Ikungi (Singida Rural) larger graveyard, Kibigiri (Iramba) (30 graves). Beliefs and traditions in the project area allow graves to be relocated if the exercise is done in a culturally acceptable way. Compensation will be paid for the relocation of graves such as expenses for ceremonies and labor in connection with exhumation and reburial. The proposed power transmission line may also affect other cultural sites. Discussion with the Antiquities Department highlighted the importance of conserving any archaeological features that will be found within the way-leave. The proposed power transmission line may affect cultural sites. Some of the cultural sites to be affected are burial sites and graveyards that are used by villagers and where local communities perform their traditional rites or ceremonies. In addition, the line will cross Solya Village near Kilimatinde, Manyoni District. The Central Slave and Ivory Trade Route passed by Kilimatinde, and an old German Fort is located there. The line definitely does not affect these important landmarks. Most of the stakeholders along the proposed way leave were concerned about whether the graves will be compensated and the process of relocating the graves will be participatory and take into account their cultures and values. Where graves that would be adversely affected by the Project need to be exhumed and reburied at alternative locations, rituals and ceremonies will often need to be conducted, in consultation with relatives, and proper compensation for them should be considered as provided for by the law. Land officers that were also part of the ESIA Team explained how the procedure would be carried out. Discussion with the Antiquities Department also highlighted the importance of conserving any archaeological features that will be in the way leave. During the field survey conducted for the ESIA, it was possible to identify households that have graves of relatives within or close to the way leave. Once the boundaries of the wayleave were determined, graves that would need to be moved were identified precisely in the survey and census undertaken for preparation of the Resettlement Action Plan. The amounts agreed to cover the necessary ceremonies for each relocation are listed in the valuer’s reports for the transmission line segments and will be included in the schedule of compensation TANESCO will follow in implementing the RAP. Typically, the costs of ceremonies range between 200,000.00 and 250,000.00 Tanzanian Shillings. The costs of the actual relocation are handled separately. The relocation will be carried out as specified in the Act, by officials of the local or district governments. TANESCO will in effect contract with the local or district governments for the work and reimburse them for the costs. In the project area, the typical cost of grave removal for relocation is on average estimated to range between 200,000.00 and 300,000.00 Tanzanian Shillings. Respective local government is responsible for allocating replacements for burial plots. Also a few areas were identified where local communities conduct traditional ceremonies in areas likely to be within the way leave for example in Kisaki, Singida Municipality, a special tree known as Mlegea was registered designated for ritual and as a place for prayers that is likely to be affected by the way leave. According to the current regulations, there should be some form of compensation payment for the loss of these sites, if the loss cannot be avoided. 3.2 Chance findings during project implementation Investigation and archaeological surveys during the implementation of the project should also be undertaken for the purpose of spotting the Physical Cultural Resources in the area. In this PCR management plan, both random and systematic survey shall be employed. Systematic survey shall be conducted in areas with high concentration of PCR through systematic walking over transects using three meters interval from one individual to another in parallel transects. Unsystematic survey shall be conducted in areas with an overgrowth of vegetation and rough terrain. All cultural materials located or distributed on the way leave corridor shall be recorded, collected and mapped out using a global positioning system (GPS). Shovel test pits (STP) shall be conducted to supplement surface observations in areas with plenty of surface scatters. This will be followed by evaluation of the identified PCR to decide what measures should be taken. The evaluation process will be followed by the exercise of treatment. At this stage the handling and management of the resources will be done according to their tradition, typology and cultural sequence. The last stage will be documentation and publication of the findings recovered from the area in order to share knowledge with professionals and the community at large. Survey and salvage work shall be undertaken by a qualified archaeologists recognized and permitted by the Antiquities Department. The lead archaeologist shall be experienced in the region in which the project impact area lies. In the event that the team is led by an international consultant, it is expected that the team will consist of both international and local archaeologists. 4.0 Measures Taken Wherever possible, the rerouting of the transmission line and changing of the transmission towers footing will avoid sites of physical cultural significance, such as cultural heritage sites, ceremonial sites, archaeological areas and grave yards. At this stage, a precise identification of where and how many such graves and sites of cultural significance lie within the way leave cannot be ascertained at a hundred per cent. Although a tentative figure has been provided in the ESIA documents, a complete appraisal, as well as the identification of changing of power footings and rerouting options, will only be possible after the final route is decided and marks are placed on the ground. 5.0 Capacity Building/Awareness and Mobilization All non-experts in physical cultural resources involved in execution of the project shall be briefed on the basics of physical cultural resources. The training shall aim at enabling non-experts in physical cultural resources to identify, prevent damage to physical cultural resources, record and report whenever they encounter any cultural recourse along the way leave corridor in the absence responsible personnel. 6.0 Specific roles and Obligation Roles and obligations of each team member in execution of the plan are described below: 6.1 Antiquities Officer The Antiquities officer shall function as an overseer throughout the execution of the plan. Antiquities officer shall accompany consultant through out survey and salvage operations. Furthermore, Antiquities officer shall determine the action to be taken at the discovery site within an agreed time. Such actions may include the following: • Removal of PCR deemed to be of significance; • Execution of further excavation within a specified distance of the discovery point; • Extension or reduction of the area demarcated by the contractor. Antiquities personnel have to ensure the conducts of consultant, contractor and other personnel in the project are not harmful to physical cultural recourses. The Antiquities Act of 1964 Section twenty two (22) states that “Antiquities Officer for the purpose of assisting in the carrying out of the provisions of this Act and, in particular, but without prejudice to the generality of the foregoing, in the prevention and detection of offences under this Act�. 6.2 Consultant The consultant for this physical cultural recourse will be Project Supervisor and Management Consultant. The Consultant shall be responsible in identification, evaluation, treatment and documentation of physical cultural resources in the implementation of plan. Antiquities Act 1964 (12) mandates a consultant to be or employ an expert in physical cultural resources with sufficient scientific training or experience to enable him to carry out the proposed excavation or search satisfactorily. Furthermore, the consultant must prove that he/she has sufficient staff and other resources to enable him to carry out the proposed excavation or search satisfactorily (Antiquities Act 1964 Sections (12) (b); and 12 (c) that he/she is able to conduct, or arrange for, the proper scientific study and publication of any materials discovered. The Consultant shall provide a brief description of the project using maps where necessary, and including location, general layout, size, capacity, activities at pre-execution, and during operations phases, staffing and support, facilities and services, and life span of the project. 6.3 Contractor During the execution of the works, if a PCR comes to light, the contractor shall stop the works and communicate to consultant. However, contractor may decide whether to stop all works, or only the works immediately involved in the discovery depending on the nature of PCR uncounted. After stopping work, the contractor must immediately report the discovery to the Resident Engineer. With the approval of the Resident Engineer, the contractor is then required to temporarily demarcate, and limit access to, the site. The contractor will be entitled to establish an agreement with consultant and/or TANESCO for additional services or resources under a separate contract. 6.4 Other Project Staffs Specialists in other fields of study and allied staffs shall communicate to the consultant on any physical cultural resources that they consider the consultant or a team has not accounted for evaluation, treatment and documentation. On top of that, other project staff shall be liable to communicate to the consultant in case of any chance findings during the execution of the project. 7.0 Monitoring and Reporting Arrangements The findings of the physical cultural resources management shall be disclosed as a supplementary report on PCR after the way leave has been surveyed. Exceptions to such disclosure would be considered when TANESCO, in consultation with the Bank and persons with relevant expertise, determines that disclosure would compromise or jeopardize the safety or integrity of the physical cultural resources involved or would endanger the source of information about the physical cultural resources. In such cases, sensitive information relating to these particular aspects may be omitted from the EA report. Throughout project implementation, TANESCO reports on compliance with measures agreed with the Bank on the basis of the findings and results of the EA. Findings which may impact in any way upon the implementation schedule of the project will be reported by the Consultant to TANESCO as soon as such information becomes available, without waiting for a formal reporting date. The Consultant will submit a brief Inception Report within two weeks of commencement of fieldwork. It will report on the mobilization of the team, the situation on site and any matter which has come to light which may affect, or cause a change in, the planned execution of the survey. At the end of each month, the Consultant will submit a brief progress report on its work and findings to date, focusing especially on any recommended measures which may require action prior to inundation, together with their estimated costs. At the end of the work, the Consultant will submit an Interim Report, consisting of a Management Report followed by sections on Work Carried Out, Results, Conclusions and Mitigating Measures Implemented. 8.O Conservation of Known and Chance findings Movable PCR found along the way leave shall be taken to National museums for conservation, parallel to Museums Act, 1980 and Antiquities Act, 1964. Identified Immovable PCR but not impacted by the project shall be reported and conserved on site by the Antiquities department in collaboration with Local Authorities. 9.0 Management Plan during Design and Construction This section presents an overview of the management measure i.e. mitigations for the impacts in physical cultural resources for the construction of 400kV backbone transmission line from Iringa to Shinyanga. The institutions responsible for the implementation of the mitigation measures at different stages of the project are named. Table 9.1 below summaries the plan. 7DEOH  SK\VLFDO FXOWXUDO UHVRXUFHV PDQDJHPHQW SODQ S/N Impact Mitigation measures Monitoring Area Responsible Body Action Typical monitoring Frequency 1.0 Construction phase 1.1 Management Design ™ Inventory of PCR known to be within the Monitored during Transmission Consultant way leave corridor design stage line- corridor ™ Inventory of PCR known close to way leave corridor as to be at risk of damage Be done daily access road or disturbance during tower footings construction areas 1.2 Impact on existing - exact location of all graves and Monitored during graves and grave yards grave yards design stage - managing impacts on sacred Transmission TANESCO: during trees Be done daily line- corridor demarcation works - managing impacts on areas of during access road and/contractor and spiritual significance to local construction tower footings consultant during communities areas design/communities - Re routing of transmission line, access road and change of positions for the towers footings 1.3 Impacts for the chance - Plant operator to immediately Be done daily Transmission Contractor – machine finds uncovered during stop working and inform the during line- corridor operators, consultant construction contractors’ supervisor, who construction access road, supervising Engineer will deriver the message to the tower footings TANESCO supervising TANESCO engineer who will areas engineers and safeguard immediately inform the staff consultant (archaeologist) and Consultant representative of Antiquities (archaeologist) Department. On his/her part, the consultant (archaeologist) Ministry of Natural will have to advise whether the Resources and Tourism work should continue or not – Antiquities depending on the evaluation. department. - (take note: no work shall be continued on the specific area Local authorities and until we get permission from Ministry of land the Director of Antiquities) 1.4 Impacts for the known - Spotting Physical Cultural Be done before Transmission • TANESCO finds Resources in the area. and during the line- corridor supervising - Systematic survey shall be implementation access road, engineers and conducted in areas with high of the project tower footings safeguard staff concentration of PCR through areas • Consultant systematic walking over (archaeologist) transects using three meters interval from one individual to • Ministry of another in parallel transects. Natural - Unsystematic survey shall be Resources and conducted in areas with an Tourism – overgrowth of vegetation and Antiquities rough terrain. department. - Evaluation, treatment and Documentation of PCR • Local authorities and Ministry of land S/N Impact Mitigation measures Monitoring Action area Responsible Body Typical monitoring Frequency 1.5 Impacts on existing Follow all procedures for Transmission line- On TANESCO to carry graves and relocated relocation of grave or corridor transmission out consultative grave yards. graveyards as specified by the line meetings with Graveyard removal Act ( No. 9 the affected of 1969) people, families and religious institutions and local authorities on modalities of grave relocation and taking into consideration laws on cultural preferences and wishes of families. TANESCO to request Ministry of Land for consent to relocate the graves. Local Authorities have responsibilities of relocating graves after getting consent from Ministry of land, settlement and housing development 1.6 Instructions for project Conduct a 3 days training Before the On site TANESCO to staff and contractors workshop for non commencement of contract out a regarding physical archaeologist staff involve in the construction consultant to cultural resources the project train project personnel, TANESCO staff and contractors working in the field on cultural resources that may be impacted. 1.7 Conservation of Follow all procedures for During and after National TANESCO, Known and Chance preservation and protection of the construction Museums and Consultant and findings sites and articles of on site Antiquities paleontological, Officer archaeological, and historical PCR as specified by the Antiquities Act ( No. 10 of 1964)