ZANZIBAR URBAN SERVICES PROJECT MINISTRY OF FINANCE AND PLANNING RESETTLEMENT ACTION PLAN (RAP) REPORT FOR THE PROPOSED CONSTRUCTION OF STORM WATER DRAINAGE SYSTEM C, INCLUDING MWANAKWEREKWE BASIN FOR ZANZIBAR URBAN MUNICIPAL COUNCIL Maji House Plot No.49, Bahari Beach Area P.O.Box 4218, Dar es Salaam, Tanzania Email: info@donconsult.co.tz Web: www.donconsult.co.tz DECEMBER, 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council ACKNOWLEDGEMENT Ministry of Finance and Planning (Zanzibar) under special unit of Zanzibar Urban Services Project (ZUSP) would like to express its sincere gratitudes to all those who have contributed in developing this Resettlement Action Plan. The Unit appreciates the collaboration and cooperation availed from local communities, individuals, institutions/organizations during the whole period of undertaking this assignment. Many sincere thanks are forwarded to Zanzibar Municipal Council (ZMC), Urban District Council, Urban West ‘B’ District Council, all Ward and Shehias councils. Their support made significant contribution to the whole process of preparing this RAP. Finally, the developer appreciates the expert study made by Don Consult Limited(Consultant) and Techniplan (Supervision Consultant). ZUSP recognises the contribution of everybody else even those who are not mentioned; this study wouldn’t have been a success without their input and participation. However we remain responsible for the errors and omission of this work. DON CONSULT LTD NOVEMBER 2018 i Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council EXECUTIVE SUMMARY INTRODUCTION The Revolutionary Government of Zanzibar (RGoZ), through the Project Management Team (PMT) of Zanzibar Urban Services Project (ZUSP), has requested World Bank (WB) assistance under the proposed Additional Finance for, inter alia, the development of additional storm water drainage infrastructure. The drainage systems that were included under the original project scope are Systems (C, D, E, F, G, and I). Among these, systems D, E, F, G, and I are already constructed except System C which needed to be redesigned inorder to accommodate Sebleni and Mwanakwere as retention ponds. Therefore, RGoZ decided a separate RAP for System C including Mwanakwerekwe basin to be prepared. The System C project area is land which is primarily used for residential and to a lesser degree for commercial uses. Based on this factor there will be ressettlement of people to accomodate implementation of this project as a result RAP preparation is inevitable. Therefore, RGoZ through the Ministry of Finance has commissioned a Resettlement Action Plan (RAP) to be prepared in order to address displacement- related impacts of the System C project. This RAP is being prepared in accordance with national legislations and international best practice standards and Don Consult Ltd Company, a Tanzanian Consulting firm, has been appointed to undertake the assignment. The report contains detailed information on the affected communities, land uses and socio-economic conditions of the area that will be affected by the Project. It also includes a description of the nature, magnitude and measures to mitigate displacement impacts and compensate for those impacts. Physical displacement is currently anticipated to affect 16 shehiasin Urban West District and 3 shehias in Urban west B District within Zanzibar Minicipal Council; making a total of 19 shehias. This report must be read in conjunction with the asset survey/valuation report and Environmental and Social Impact Assessment (ESIA) report for the System C Project. OBJECTIVES OF THE RESSETLEMENT ACTION PLAN The fundamental objective of this RAP is to provide an agreed plan for the land access, compensation and resettlement of communities and individuals affected by the proposed System C Project in eight (8) out of ninenteen (19) shehias of Zanzibar Urban Municipal Council (ZMC) in Urban West Region in which the project will be implemented. The plan provides a road map for resolving displacement, resettlement and compensation issues to ensure that: • PAPs and communities are compensated in accordance with the RGoZ legal framework and the safeguard policies of World Bank • PAPs and communities have the opportunity to restore, at a minimum, or improve their living standards to at least pre-resettlement or pre-disturbance conditions and to share benefits from the Project. • Principles and procedures are established and the interests and needs of PAPs are addressed in a RAP DON CONSULT LTD NOVEMBER 2018 ii Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council DESCRIPTION OF THE PROJECT The proposed project is the construction of storm water drainage channels named as System C for ZMC in Urban West and Urban west B Districts of Urban West Region in the main island of Unguja. Unguja is located in the Indian Ocean about 35km off the coast of mainland Tanzania at Latitude 390 11’ 57 east and Latitude 60 9’ 57’’ south of the equator. The proposed drainage has the length of 10.417km and will pass through 19 shehias of Makadara, Mitiulaya, Kwa Alimsha, Nyerere, Shaurimoyo, Kwa Mtumwajeni, Mikunguni, Muungano, Kwa Wazee, Kilimahewa Juu, Kilimahewa Bondeni, Amani, Mkele, Mapinduzi and Sogea. Others are Magogoni, Jitimai and Mwanakwerekwe. Among these, only 8 shehias will be affected by resettlement; where by 5 Shehia are found in Urban District (namely; Kwa wazee, Sogea, Shaurimoyo, Nyerere, Mtumwajeni) and the remaining 3 in Urban West District (namely; Magogoni, Jitimai and Mwanakwerekwe). The drainage System C is divided into the following categories:- i. Existing drainage systems that need rehabilitation i.e. improving the standard of the drain to increase the capacity (lining and size), repair damaged lining and reinstate the capacity by cleaning the drains; ii. New piped drainage system; iii. New uncovered channel drainage system; and iv. New covered channel drainage system. NEED FOR RAP The proposed System C Project will involve land acquisition in 8 shehias where the new drinage channels will be constructed. Currently, the proposed site is utilized for various uses such as residential, commercial and small scale urban agricultural activities. Therefore, ZUSP is preparing this RAP to ensure that land acquisition is undertaken in compliance with various acts and regulations on land acquisitions and resettlement of RgoZ as well as WB safeguard policies and operational standards for involuntary resettlement. RAP METHODOLGIES The core principle of this RAP is to minimize the impacts of the project to the affected communities as specified in Resettlement Policy Framework (RPF) prepared by ZUSP in accordance with various national and international resettlement policies and laws which require that; any possible adverse impacts of proposed project activities are addressed through appropriate mitigation measures. Based on the those principles, a range of methods and approaches were used in preparation and completion of this RAP without ignoring nature of the proposed project (Storm Water Drainage System C). These include, documents review, site verification and assessment, stakeholders engagement and consultation, PAPs Census and Socio-economic Surveys and asset inventories and valuation. DON CONSULT LTD NOVEMBER 2018 iii Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council POLICY AND LEGISLATIVE FRAMEWORKS This RAP took into account the existing national regulatory framework within the context of RGoZ Law. These include applicable laws and policies with relevance to land acquisition and landownership, as well as resettlement and compensation in Tanzania such as Zanzibar Environmental Policy, 2013; The Zanzibar Vision 2020 and Zanzibar Second Generation of the National Development Framework (ZSGRP); Zanzibar Disaster Management Policy (2011); and National Health Policy (2011). Others are Constitution of the United Republic of Tanzania (Cap 2); 1977 as amended from time to time Constitution of Zanzibar (1984); The Land Tenure Act No 12 of 1992 (Amendment, Act No. 15 of 2003); The Valuers Registration Act, 2015; The Land Tenure Act, No. 12 of 1992 (Land Allocations Regulations 2008); The Land Survey Act No. 9 (1990); The Land Tribunal Act, No. 7 of 1994 (Amendment Act, No 1 of 2008); Zanzibar Environmental Management Act (2015); Labour Relations Act (2004); Zanzibar Local Government Authority Act of 2014 and The Ancient Monuments Preservation Act (2002). This RAP also followed the WB OP 4.12 guidelines. Gap analysis between Zanzibar Regulatory framework and WB OP 4.12 was carried out and measures to bridge the gap is provided in Chapter 4. INSTITUTIONAL ARRANGEMENTS FOR RAP IMPLEMENTATION This section describes the recommended organizational structure for implementing the RAP, that is Institutions that will play a key role in RAP implementation. These institutions include but not limited to; Ministry of Finance and Planning; ZUSP (PMT); Ministry of Land, Housing, Water and Energy; and President Office, Regional Administration, Local Government and Special Department. Others include local government authorities such as Urban West Regional Administration; Urban and West ‘B’ District Councils; District Land Tribunal; as well as Shehia and RAP committees. Their key roles are provided in chapter 12 (RAP implementation). SOCIO-ECONOMIC BASELINE PROFILE OF THE PROJECT AREA Population Total population of the households involved in the socio-economic surveys is 1587 people (805 female and 702 males) with an average household size of 6.8 members which is higher than that of 2012 NHC for Mjini Magharibi Region. The gender ratio among the surveyed households is almost equal (49.3% men:50.7% women), while 57.4% of the population in the affected households is under the age of 25. Local Administrative Structures In the project area, the local administrative structure is highly influenced by government administration systems whereby there is Urban Council which includes Municipal or Town Councils which are subdivided into Wards and further subdivided into (urban) Shehia. Each Shehia has an advisory committee of not less than 12 members, (one third should be 60 years old or above); and other committees on different issues. A Shehia is led by Sheha who is the Chief Government Officer in the Shehia appointed by the RC. The Sheha reports directly to the DC and is responsible for all matters in the communities including implementation of Government laws, orders, policies and directives, for maintenance of law and order; DON CONSULT LTD NOVEMBER 2018 iv Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council coordination of public meetings; Initiation and mobilization of local development projects; keeping records of his/her residents and resolution of social and family disputes. Land Tenure and Land Use There are three main land tenure systems in the Project area, namely land allocation by by grant from government, through inheritance and purchasing. In this RAP, a total of 155 customary land owners were identified in the 8 affected shehias; of which 86 are from Urban West district and 69 from Urban West B district. Among these some PAP reside outside the RAP area mainly from neighboring shehias and towns of Pemba and Dar es Salaam region but have land/properties within the RAP Area. The common land use within the System C project area can be categorized as residential and commercial. In the project area there is no designated agricultural land, therefore urban agriculture is mainly practiced along the natural drainage course and around the houses in a very small scale mostly growing vegetables coconut trees and banana clumps. Livelihoods The communities within the project area predominantly have land-based livelihoods and are heavily dependent on small and medium trading activities and the communal resources within the area such as markets. The livelihoods that will be affected by resettlement include 11 commercial structures, 6 verrandah businesses/shops, 1 vegetable gardens, and 1 carpentry workshop. All these livelihoods shall be restored through; • Compensation for asset value. • Allowances for Loss of accommodation / loss of profit. loss of profit allowance. • Issuing vacation notice and allow them to salvage demolished materials fro their structures. Accessibility of Jobs during Infrastructure Construction. Supply of construction materials and service provision by PAPs / community to the contractor. • Provision of recyclable and reusable materials from construction activities to the PAPs for free. • Provision of assistance to the vulnerable groups. The kind of support these people will require will be specified according to their loss whereby for those who will lose their residential housing structures (5 widows, 2 disabled, 3 long sickness) and 2 female head of households) will need to be assisted in construction of new houses /affected rooms. For those who will lose other important house structures (1 single mother, 2 elderly, 3 widows and 1 long sickness) will need to be assisted in construction of new house facilities e.g. walls, ceptic tanks and foundations. Housing Conditions and Sanitation Facilities Many households dwellings of comprise several structures occupied for varying lengths of time. The most common construction material is cement block walls (not mortared), with corrugated iron sheet DON CONSULT LTD NOVEMBER 2018 v Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council roofs,cement floors, wooden doors and windows made of wiremesh buttoned on timber frames. Number of rooms ranges between three to six some being located in the backyard (disconnected form the main house). Most houses have a separate kitchen and washroom facilities at the backyard. The common sanitation facilities among the affected households is traditional pit latrines (35.2%) and modern pit latrines (2.5% - those furnished with western type toilet sink). Also there a number of houses uses flush /western type of toilets with septic tanks emptied regularly by municipality (63.6%). In the project area, household solid waste is managed through dumping in skip bins /collection points (39.9%) located in various areas within the shehia or nearby shehias before carried away by Municipal trucks for disposal to a designated dumping sites. In some shehias like Kwa Wazee and Nyerere apart from skip bins, solid waste is also disposed in pits resulted from illegal sand mining (4.2%) and in the natural drainage course (4.3%). On the other hand, liquid waste is managed through septic tanks then emptied regularly by municipal waste water truck (37.3%). During site visit it was noticed that, a large population (30.1%) in the area manage their waste waters through direct discharge to the natural water courses, storm water drainage channels and surrounding environment via small pipes protruding outside their houses. Social Services (Education, Health, Water, Energy and Transport) In the project area there are 28 nursery schools, 17 primary which makes 39.5% of all nursery and primary schools in Zanzibar town (114). Also, There are 9 government secondary schools. About 7 shehias don’t have either nursery or primary school.There is only one vocational training centre owned by government, located at Makadara. In all affected shehias, no high school, or university college; they depend on the State University of Zanzibar – SUZA for higher education. In the project area, literacy rate is relatively high (61.4%). A significant number of children (33.4%) in the enumerated households were attending school were attending schools at different levels at the time of the socio-economic survey. About 13.4% completed ordinary level secondary education while 0.9% attained an A’ level secondary education. 0.7% got a specialized training certificate, 2.8 had a diploma certificate and 2.5% attained a university undergraduate degree. During household surveys, 90.5% of respondents didn’t get sick or injured in a period of one month. For those who got sick, 25% were suffering from malaria; 17.8% respiratory system diseases and diarrhea by 16%. Consequently, about 1.6% of the total population involved in household surveys had a particular form of body disability commonly being mobility (1.4%). Water for domestic purposes is obtained from public water supply systems provided by ZAWA (82.6%). Also there are private wells drilled by individual households serving 3.8% of the project affected population; as well as public boreholes which serves 9.7%. The remaining percent get water from other sources such as supplied by trucks and surface waters. Many households in the affected Shehias are connected to the national electricity grid. The most common sources of energy for lighting is electricity (85.2%); while for cooking is firewood (30.9%); charcoal (28.4%) and (2.1%) uses Liquified Petroleum Gas (LPG). During household interviews, many households DON CONSULT LTD NOVEMBER 2018 vi Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council admitted that there is no problem in electricity supply in Unguja especially after the installation of undersea cables. All affected Shehias have access to public transport in the town’s main roads. However, there are very few street roads that can be accessed by car because of unplanned type of settlement as a result walking has become the most dominant mode of transport in Zanzibar Town accounting for 42% of all daily trips. There is only one police station at the project area i.e. Ng’ambo Police Station located at Mitiulaya (Urban District). In Urban West, they depend on Sokoni Police station at the shehia of Sokoni. IDENTIFIED RESETTLEMENT IMPACTS The major negative impact of storm water drainage system C project is involuntary resettlement/ displacement of people. System C project will be implemented on the urban land which is currently occupied by people for various uses major being residential and commercial. Therefore there will be a prerequisite of acquiring land from current users and thus causing displacement of people whereby about 194 households will be affected. This number include those losing land; buildings/structures; and trees/crops as detailed in Section 5, table 6. The displacement impacts were identified in the following areas; i. Loss of Residential Structures A total of 141 residential structures will be affected by the project. Among these, 30 houses will be totally affected and moved while 111 will be partially affected i.e. they will either lose a wall, a front verandah, a foundation, a room or other important house facility such as toilet, outside kitchen, or a ceptic tank. All 141 all affected residential structures are located in 8 shehias affected by the project. ii. Loss of Business and Local Income Generating Activities System C project will also have impact on local income generating activities and businesses whereby 12 businesses will be 100% affected and moved. These are 2 shops at Shaurimoyo; 6 at Sogea; 1 at Jitimai; and 2 shops and 1 carpentry workshop at Magogoni. Also there are 2 businesses that will be partially affected e.g. structures used for both, commercial and residential at Magogoni (1 - wall and foundation) and Jitimai (1 room and wall). Other affected businesses include a number of road side businesses and home based petty businesses that will be displaces or disrupted on a short term basis specifically during mobilization and construction phases. DON CONSULT LTD NOVEMBER 2018 vii Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council Summary of Affected Structures Type of structure and No. Residential Commercial Residential Institutional Total & Commercial 141 12 6 3 162 Magnitude of Impacts Totally Affected Partially Affected Total 30 132 162 iii. Loss of Land The asset survey results indicate that a about 8615.59m2 (5870.18 in Urban District and 2745.41 in West B District) will be permanently affected by the project thus 155 PAPs will be displaced and their livelihoods will be affected as well. The ownership status for affected properties especially land and houses can be categorized into four groups i.e. those with title deeds (106); without title deed (67); family owned properties (10) and properties whose ownership status is not known by respondents (11). iv. Loss of Economic Trees/Crops A total of 351 economic trees/crops (including 1 vegetable garden) owned by 81 PAPs, will be affected by the project. These trees include coconut trees, mango trees, pawpaw, banana clumps, pawpaw trees, Mkungu (Terminalia almond), nutmeg, apple trees (“tufaa�), henna trees, soursop tree (“Mstafeli�), Guava and shade trees. Others include crops like yams and sugarcanes. v. Impacts on Public Infrustructures a. Loss of Water Infrastructures In the project area, there is a number of water supply pipelines owned by ZAWA e.g. in the shehias of Mitiulaya, Jitimai, Magogoni and Mwanakwerekwe. Also there one (1) community borehole in the shehias of Kwa Wazee and four (4) shallow water wells constructed by individual households for domestic use. Among these infrastructures, some will be temporarily closed or out of service especially ZAWA water pipes while boreholes and shallow wells will be permanently lost. b. Impact on Road Infrastructures During construction phase various main and street roads will be affected either temporary or permanently. Local communities will be temporalily affected by lack of access to these roads. Affected roads include those on which the new drainage channels will pass through them i.e. Muungano, Mikunguni, Makadara, DON CONSULT LTD NOVEMBER 2018 viii Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council Shaurimoyo, Sogea and Sebleni roads in Urban District. In Urban West district, affected roads include Kinuni and Mwanakwerekwe roads in the shehias of Magogoni A and Mwanakwerekwe respectively. c. Impact on Electrical, Telecommunication and Street Light Installations This project will affect about 17 electrical poles belonging to (Zanzibar Electricity Company – ZECO). Among these; four (4) are located in the shehia of Muungano, six (6) Shaurimoyo, four (4) Sogea and three (3) at the shehia of Sebleni. In addition to electrical poles, 30 TTCL poles and underground lines will also be affected in the shehias of Muungano (5), Makadara (5), Mitiulaya (3), Shaurimoyo (11), Sogea (4), and Jitimai (2). 33 street light poles owned by ZMC will be affected in the shehia of Muungano (17), Kwa Allamsha (5) and Sebleni (11). Measures to avoid or Minimize Displacement Impacts ZUSP and ZMC in collaboration with a contractor, has considered feasible alternative Project designs to avoid and/or minimize physical and economic displacement impacts, while balancing environmental, social and financial costs and benefits. Following the preparation of various design options, ZUSP and ZMC have decided to carefully locate drainage system following the existing natural drainage course and focus on rehabilitation and upgrading existing channels that require very minimal taking of new land. Also in other areas, the required construction standards have been relaxed through expansion of diameters or extension of lengths of existing roads/trails and drainage channels. In areas of Muungano, which are very congested with built commercial structures; the system will pass on the main road (right side when going to Amani Stadium). These decision were taken in order to minimize resettlement within the project area. On the other hand, monetary compenstions shall be paid for all affected assets including community assets. Structures such aswater wells and pipes, electrical and telecommunication infrastructures shall be reinstated to ensure that these services are recovered returns to normal. Also, affected communities shall be informed about temporarily cut of these services so as they take necessary measures to reduce impacts. Temporary services especially public water pipes will be provided by the contract during the construction period. Regarding affected roads and bridges; alternative roads and pathways shall be provided to the affected areas. COMPENSATION AND ENTITLEMENTS Eligibility Those who will be affected by System C drainage project in terms of asset loss and resettlement are eligible for compensation based on RGoZ legislation and ZUSP-Additional Financing Project Resettlement Policy Framework (RPF) as well as highlighted in the WB OP 4.12. This RAP has considered the following groups of PAPs; a) Persons losing land with or without legal title; b) Persons losing business or residential property; c) Person with homes, structures or other assets within the proposed project area; DON CONSULT LTD NOVEMBER 2018 ix Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council d) Persons that incur losses whether partial or total and whether they have their own land or rent land, including those that rent or occupy buildings individually or as a group for business or as households. e) Persons losing temporary or permanent access or rights to services; Cut-off Date A cut of date for which this RAP was the date whereby valuations exercise in the proposed project was completed i.e. 31st December, 2017. This date was disseminated publicly in the project area whereby all affected persons, shehia leaders and other government authorities were informed of this date through community meetings during finalization of asset inventories. This means that any new inhabitants came to the Project affected area after this date is not eligible for compensation or any resettlement assistance. Valuation Methods According to section 4 of The Land Tenure Act 1992, the basis of Valuation for Compensation is the prevailing “Market Value�. This include the market values of land, buildings, crops,trees and other unexhausted improvements such as boreholes, electrical systems, fencing walls, etc. Conversely, WB OP 4.12 require that valuation of affected assets should be done by taking into consideration the "Replacement cost" without depreciation value. Therefore, in this RAP both methods were used. Replacement cost was used to value structures and buildings while market value was used to estimate value of crops and economic trees. Valuation of Community/Public Infrastructures Community or public infrastructures such as boreholes, bridges, water supply systems etc. were valued basing on the replacement cost after consultation with government institutions responsible with those infrastructures. Non Identifiable PAPs This RAP couldn’t trace 7 (seven) PAPS who were not available during inspection and were neither known to local leaders nor respective neighbours. However, their said properties were inspected and their compensation forms have been prepared and particulars therein appear in the compensation schedule separately for easy identification (See table below). These are found in 3 shahias of Magogoni (5), Jitimai (1), Sogea (1). Compensation for unanticipated additional construction damage This RAP also considered compensation for unanticipated damages during construction phase (on-spot compensation). These types of on-spot compensation will be executed by the Contractor. using contingency funds provided under the RAP budget. DON CONSULT LTD NOVEMBER 2018 x Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council Allowances / Other Assistances A part from the above parameters, valuation of affected assets also considered the other allowances as part of the valuation procedure. These includes • Accommodation allowance- Is paid to the owners of affected residential properties. I.e. Accommodation allowance = Room Rent/ per month x No. of rooms x 36 months). • Loss of Profit -Is paid to the owners of affected commercial properties (Loss Profit = Net profit/per month x 36 months). • Transport Allowance- Transport allowance is computed on the basis of prevailing market rates within an area and is paid only to PAPs who occupied the residential/commercial structure. • Transport Allowance: Transport allowance is computed on the basis of prevailing market rates within an area and is paid only to PAPs who occupied the residential/commercial structure. I.e. Transport allowance = 12 tons x Actual Cost/ton/km x 20km. • Disturbance allowance: All PAPs who are illegible for any kind of compensation shall receive a disturbance allowance. Disturbance allowance = {Total Compensation Value x 0.08(an average rate of the interest obtained on fixed deposits)} + Total Compensation Value. Entitlement Matrix Type of Loss Unit of Entitlement Entitlement Compensation Transport Other Assistance for loss of Asset Allowance Land Individual N/A N/A • N/A PAP Individual Cash N/A • PAP will be allowed to harvest PAP compensation for seasonal crops in the fields. loss of permanent • Disturbance allowance. crops will be paid. Tenants Cash N/A • Cash compensation equivalent compensation for to average mature and loss of permanent harvested crop, or market Crops and crops will be paid. period of tenancy/lease vegetable agreement, whichever (costs gardens of shifting plus allowance). • Refund of any lease/ rental fees paid for time/ use after date of removal • PAP will be allowed to harvest seasonal crops in the fields. • RGoZ will assist PAP to obtain alternative land with similar DON CONSULT LTD NOVEMBER 2018 xi Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council Type of Loss Unit of Entitlement Entitlement Compensation Transport Other Assistance for loss of Asset Allowance characteristics as the affected land Economic Trees Individual Cash N/A • Disturbance allowance. PAP compensation for loss of permanent crops will be paid. Commercial Individual Compensation in Actual cost of • Allowance for loss of profit (net Structures PAP cash, based on transporting monthly profit evidenced by full replacement twelve (12) audited accounts x 36 months). cost of the tons of • Disturbance allowance (8% of affected luggage by total compensation cost). property. road within • RGoZ will assist PAP to obtain 20kms from alternative plot to re-establish the point of business. displacement. Individual Compensation in Actual cost of • Allowance for loss of PAP cash based on full transporting accomodation (monthly market replacement cost twelve (12) rent for the acquired property of the affected tons of x 36 months). property. luggage by • Right to salvage materials road within without deduction from 20kms from compensation. the point of • RGoZ will assist PAP to obtain displacement. alternative plot to re-establish Residential a new home. structures • Compensated replacement Tenants N/A N/A cost of non-movable property installed with consent of the property owner. • Refund of any lease/ rental fees paid for time/ use after date of removal. • Cash compensation equivalent to 3 months of lease/ rental fee. • Relocation assistance (costs of shifting + allowance) • RGoZ will replace the lost Loss of Public Public compensation at N/A structure/ infrastructure at structures institutions / replacement cost alternative location. /infrastructures of lost property DON CONSULT LTD NOVEMBER 2018 xii Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council Type of Loss Unit of Entitlement Entitlement Compensation Transport Other Assistance for loss of Asset Allowance community shall be paid to asset the legal custodians. Individual Compensation in Actual cost of • Right to salvage materials from PAP cash based on full transporting demolished structures. replacement cost twelve (12) • RGoZ assist PAP to obtain of the affected tons of alternative plot to re-establish Squatters and property. luggage by a home. encroachers road within 20kms from the point of displacement. Vulnerable Individual Monetary/inkind Actual cost of • Allowance for loss of groups PAP compensation transporting accomodation (monthly market based on full twelve (12) rent for the acquired property x 36 months). replacement cost tons of • Right to salvage materials of the affected luggage by without deduction from asset. road within compensation. 20kms from • RGoZ will assist PAP to obtain the point of alternative plot to re-establish displacement. a new home. • Additional cash and other assistance i.e., assisting with moving, to accommodate them during resettlement or transition period while the family rebuilding its home or resettling to a new area. N/A =Not Applicable under RGoZ Preferred Form of Payment Compensation in cash: PAPs had various preferred mode of payment that includes compensation in cash where a total of 178 (90.6%) individual PAPs out of the 194 property owners preferred this form of payment. The main reason for this choice is that, they want replace their lost properties in the areas/locations of their own choices. In-Kind compensation DON CONSULT LTD NOVEMBER 2018 xiii Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council Payment in lieu of money, 16 PAPs out of the 194 individual property owners indicated that they would prefer to be compensated in-kind during the consultation exercise. This being a linear project with mostly partial impacts to people houses and structures as the drainage system cover about 2m to 3m width; the impact is mostly partial removal of their structures while the main part of the structures remain in the project site thus no complete relocation. With the magnitude of impacts, it is more benficial for these 16 PAPs to receive monetary compensation than receiving in kind compensation for instance one PAPs has 2 henna trees. The project will meet requirements of 5 PAPs who required reinstatement of part of their structure that will be affected, and 1 PAP demanded to be given seedling of his coconut tree; instead of cash compensation if that will be feasible to them during compensation time. Also large part of system C drainage will be built along existing channel of high density unplanned settlement and drainage was designed to avoid large demolition of houses and there is no farming or grazing land taken (land-based livelihoods). The socio-economic information of the system C include livelihood activities conducted by PAPs outside project corridor that covers the whole area rather than 2 to 3m width drainage corridor. PAPs and other community’s members not affected by the project will continue to use the existing services within the System C area such as markets etc. PROPOSED LIVELIHOOD RESTORATION PACKAGES An important factor when identifying potential livelihood restoration options is the availability of sufficient land in the vicinity of the project site for each affected household to acquire replacement land of the same surface area as the land areas formerly available to them. Consequently, alternative livelihood restoration measures required are those that are not land-based, or at least require less land that currently available to displaced households. In view of the above, two proposed livelihood restoration packages have been defined, with the intension that each resettlement-affected household would be eligible to atleast one of these packages. These packages are the following: Compensation Package All assets lost/affected will be compensated by the project. The compensation will cover the individual land lost, residential structures, unfinished structures, permanent crops/trees and seasonal crops. PAPs loosing residential houses or business premises will receive allowances for loss of accommodation / loss of profit lasting 36 months to enable pay rent while building their new houses/ re-establishing their businesses. Farming households will be assisted in getting alternative location for to re-establish their lost vegetable garden. No resettlement will be done before compensation is fully paid to PAPs. Notice to vacate the land will be given to PAPs after compensation is fully paid and they will be allowed to salvage materials from demolished structures e.g. iron sheets, windows, doors, bricks etc. Employment Package DON CONSULT LTD NOVEMBER 2018 xiv Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council During construction works, the project team and the RAP team will ensure that affected households and other wage earners in the community benefit from skills training and job placement at the site. Provisions should be made in contracts with project contractors for employment of qualified local workers. Employment opportunities with the project that will be allocated to affected members should be identified by project, but may include clearance of vegetation, carrying construction material inputs from stockpiles to construction sites, security positions, maintenance at the construction sites, assisting construction works and catering services as well as other skilled position for qualifying persons. Income Generation/Enterprise Development Package Established and growing entrepreneurs and artisans shall be assisted to re-establish their businesses and generate local employment. Contractor is encouraged to promote local enterprises by procuring quality goods like construction materials for the projects from local suppliers (PAPs and community members). Also procurement of services such as supply of water, disposal of construction wastes at approved sites, provision of catering (food and refreshments) from local vendors preferably among the PAPs etc. This package should include the following basic elements: • In consultation with the household members, identification of one activity from a list of feasible non-farming income-generating activities such as small business or enterprise. • Technical and management training in the selected activity; • Financial support in the purchase of equipment related with this activity; • Technical support in the identification of offset markets and the development of a viable business plan. Assistance to the vulnerable groups. The kind of support these people will require will be specified according to their loss whereby for those who will lose their residential housing structures (5 widows, 2 disabled, 3 long sickness) and 2 female head of households) will need to be assisted in construction of new houses /affected rooms. For those who will lose other important house structures (1 single mother, 2 elderly, 3 widows and 1 long sickness) will need to be assisted in construction of new house facilities e.g. walls, ceptic tanks and foundations. Skills Training: PAPs including those from vulnerable groups should be given the option to training which would help them to maintain and/or improve their income generation potential. The skills training program will be designed during project implementation. DON CONSULT LTD NOVEMBER 2018 xv Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council Provision of recyclable and reusable materials from construction activities for free. Construction outputs such as cut trees and other usable cleared vegetation should be given free to PAPs. Similarly at demobilization stage or the left over and excess unused materials should be provided free to PAPs including the waste pickers. GRIEVANCE REDRESS MECHANISM (GRM) System C project will use the existing grievance procedures that were established during preparations of previous RAPs (Kibele Land fill project and other completed drainage systems). The existing procedure involves the use of existing conflicts resolution mechanisms through local government system. All PAPs were informed of the existence of the current GRM through their Shehas and awareness and consultation meetings during RAP preparation exercise. They were also informed about the means of accessing GRM and how they can log their grievances i.e. they can log their complaints by either reporting the matter directly to the sheha who will record the complaints in the complaint log book, or by reporting directly to the District grievance committee which is chaired by the DC, ZUSP office where he/she will fill special grievance forms. Other means of reporting grievance to the Project Management Team (PMT), Shehas and District Officer are though telephone, mail, in person and complaint boxes. Public and PAPs in particular will be reminded on all available means and places of logging their grivance. MONITORING AND EVALUATION A Monitoring and Evaluation (M&E) system and programme will be established to assess the quality, progress and impact of RAP implementation. In particular, the programme will track progress of resettlement and rehabilitation activities, compensation payments, the effectiveness of public consultation and participation activities, sustainability of income/livelihood restoration and development efforts among affected communities. The objective of monitoring is to give the sponsor and project implementer with feedback on RAP execution and to identify setbacks and achievements in very early stages to allow timely adjustment of implementation arrangements. Monitoring will be linked to the socio-economic household and asset surveys undertaken for the development of the RAP. The monitoring programme will include criteria to assess RAP implementation in terms of both efficiency and usefulness. A system for data collection will be established, including resources needed to carry out the monitoring. RAP implementation will be subject to an external evaluation in advance to a completion audit. The audit will take place once critical milestones have been reached, or if monitoring results show that essential corrective actions are necessary. ZUSP will be responsible for providing the funds and facilities for implementing the monitoring programme, human resources, capacity building, and any external evaluations. The monitoring programme shall include three components • Performance monitoring (to be undertaken by the ZUSP in collaboration with the RWC); • Impact monitoring (to be undertaken by the ZUSP and an external agency); • A completion audit (to be undertaken by an external agency). DON CONSULT LTD NOVEMBER 2018 xvi Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council RAP COSTING AND BUDGET RAP budget has been prepared by taking into account the costs of compensation for lost assets (land, buildings, crops and trees) and their associated allowances (accommodation, loss of profit, transport and disturbance allowances). The budget also included special assistance to the vulnerable groups identified during the surveys; programs for livelihood restorations; management and administration costs and contingencies. In addition to that as costs for consultancy services (RAP preparation and hired service providers for implementing RAP activities); and monitoring and evaluation costs for a period of three yearsby internal implementing teams (ZUSP and ZMC) and external monitors are also included. Based on the above items, the RAP implementation cost is calculated as TZS 2,561,284,573.20 (Tanzanian Shillings; Two Billion Five Hundred Sixty One Million Two Hundred Eighty Four Thousand Five Hundred and Seventy Three and Twenty Cents). DON CONSULT LTD NOVEMBER 2018 xvii Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council MUHUTASARI WA KISWAHILI UTANGULIZI Serikali ya Mapinduzi ya Zanzibar (RGoZ), kupitia Timu ya Usimamizi wa Mradi (PMT) ya Mradi wa Huduma Mjini Zanzibar (ZUSP), imekopa fedha kutoka Benki ya Dunia kwa ajili ya kuboresha na kujenga miundombinu ya maji ya mvua. Mifumo ya misingi ya maji ya mvua iliyopangwa kujengwa mwanzoni ni C, D, E, G, F na I. Hata hivyo mifumo ya D, E, F, G na I imeshajengwa isipokuwa mfumo C ambao ulirekebishwa ili kuunganisha ziwa la Sebleni na ziwa la Mwanakwerekwe. Kwa hivyo Serikali ya Mapinduzi ya Zanzibar iliamua kuandaa Mpango mpya wa Fidia wa mfumo C. Eneo la mradi la mfumo C lina nyumba nyingi za makazi na lina nyumba za biashara kwa kiasi kidogo. Kutokana na hivyo, baadhi ya nyumba pamoja na mali nyengine kadhaa za wananchi zitaathirika kwa ujenzi. Kwa hiyo Serikali ya Mapinduzi Zanzibar (SMZ) kupitia Wizara ya Fedha imeandaa Mpango wa Fidia (RAP) ili kusimamia suala zima la fidia na uhamaji katika Mfumo C. Mpango huu wa fidia umeandaliwa na Kampuni ya Don Consult Ltd. kwa kufuata sharia na taratibu za nchi pamoja na vigezo vya kimataifa. Ripoti hii imekusanya taarifa zinazohusu wananchi waliothirika na mradi, matumizi ya ardhi, hali ya kiuchumi na kijamii ya eneo la mradi. Ripoti pia inaelezea hali halisi ya eneo husika, kiwango cha athari pamoja na hatua za kukabiliana na madhara yatokanayo na uhamaji. Uhamaji unatarajiwa kutokea katika Shehia 16 za Wilaya Mjini na Shehia 3 za Wilaya ya Magharibi B. Ripoti hii inatakiwa isomwe pamoja na ripoti ya Makadirio ya fidia na ripoti ya Tathmini za Athari za Mazingira na Jamii ya Mfumo C. MADHUMUNI YA MPANGO WA FIDIA Madhumuni makubwa ya mpango huu wa fidia (RAP) ni kuwa na makubaliano kuhusu upatikanaji wa ardhi, malipo ya fidia, na namna ya kuhamisha watu ambao wataathiriwa na kulazimika kuhama itakapobidi kutokana na ujenzi wa misingi ya maji ya mvua wa mfumo C katika Shehia nane (8) kati ya Shehia kumi na tisa (19) za Manispaa ya Mjini Zanzibar (ZMC) katika Mkoa wa Mjini Magharibi DON CONSULT LTD NOVEMBER 2018 xviii Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council ambako mradi unatekelezwa. Mpango huu unatoa muelekeo kuhusu kutatua changamoto za uhamaji, malipo ya fidia na kuhakikisha kuwa: • Waathirika pamoja na jamii wanalipwa kulingana na sheria na taratibu za serikali pamoja na taratibu za Benki ya Dunia • Waathirika pamoja na jamii wanatakiwa kuwa na maisha bora kama au zaidi ya yalivyokuwa kabla ya zoezi la fidia na uhamishaji. • Kanuni, taratibu, matakwa na mahitaji ya walioathirika yanaratibiwa ndani ya Mpango huu wa Fidia (RAP) ENEO LA MRADI Eneo la mradi lipo katika Manispaa ya Zanzibar iliyoko pwani ya magharibi ya kisiwa cha Unguja. Kisiwa hicho kipo katika Bahari ya Hindi umbali wa kilomita 35 kutoka pwani ya Tanzania Bara, katika Longitudi 39011'57 mashariki na Latitudi 609'57'' kusini mwa Equator. Mfumo C wa misingi ya unaotarajiwa kujengwa una urefu wa kilomita 10.417 na utapita katika Shehia 19 za Makadara, Mitiulaya, Kwa Alimsha, Nyerere, Shaurimoyo, Kwa Mtumwajeni, Mikunguni, Muungano, Kwa Wazee, Kilimahewa Juu, Kilimahewa Bondeni, Amani, Sebleni, Mkele, Mapinduzi na Sogea. Shehia nyingine ni Magogoni, Jitimai na Mwanakwerekwe. Kati ya hizo Shehia 8 tu ndizo zitakazoathirika na uhamishaji. Kati ya hizo Shehia 5 ziko Wilaya ya Mjini, (ambazo ni Kwa Wazee, Sogea, Shaurimoyo, Nyerere, Mtumwajeni) na Shehia 3 zilizobaki ni za Wilaya ya Magharibi B (ambazo ni Magogoni, Jitimai na Mwanakwerekwe). Mfumo C umegawanyika katika aina zifuatayo:- v. Mifumo ya Misingi iliyopo ambayo inahitaji marekebisho, ukarabati na usafi ili kuongeza ukubwa na uwezo wake wa kupitisha maji. vi. Misingi mipya iliyofukiwa chini ya ardhi; vii. Misingi mipya iliyo wazi; na viii. Misingi mipya iliyofunikwa juu ya ardhi NJIA ZILIZOTUMIKA KUANDAA RAP Madhumuni ya Mpango huu wa uhamishaji ni kupunguza athari zitokanazo na mradi kwa jamii itakayoathiriwa kama ilivyoelekezwa kwenye Muongozo wa Mpango wa Uhamishaji (RPF) ulioandaliwa na ZUSP kulingana na sheria na sera mbali mbali za nchi na za kimataifa za uhamishaji ambazo zinaelekeza kuwa athari zozote zitokanazo na mradi zinadhibitiwa kupitia njia za kupunguza DON CONSULT LTD NOVEMBER 2018 xix Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council au kuondoa athari hizo. Kufuatia taratibu hizi njia mbali mbali zimetumika katika kuandaa Mpango huu wa uhamishaji (RAP) bila kudharau hali halisi ya msingi wa maji ya mvua wa mfumo C. Hii inajumuisha kupitia kwa makabrasha, kuhakiki eneo la ujenzi, kujumuisha wananchi katika majadiliano na kufanya Sensa ya walioathirika pamoja na uhakiki wa hali ya kiuchumi na kijamii na tathmini ya mali iliyoathiriwa. SERA NA SHERIA ZILIZOTUMIKA Uandaaji wa Mpango wa Uhamishaji (RAP) uliongozwa na sera na sheria za kitaifa zinazohusika pamoja na sera za Benki ya Dunia. Sera na Sheria zilizotumika ni kama ifuatavyo: Sera Zilizotumika: • Sera ya Mazingira ya Zanzibar (ZEP), 2013 • Sera na Mpango wa matumizi ya Ardhi ya Taifa, 1995 • Sera ya Taifa ya VVU / UKIMWI ya Zanzibar, 2004 • Sera ya Sekta ya Kilimo (2000) • Sera ya Maji (2004) • Sera ya Elimu (2006) • Sera ya Usimamizi wa Maafa ya Zanzibar (2011) • Sera ya Taifa ya Afya (2011) • Sera ya Takwimu ya Zanzibar (2005) • Sera ya Serikali za Mitaa ya Zanzibar (2012) • Sera ya Usalama na Afya Kazini, 2012 Sheria Zilizotumika: • Sheria ya Maji ya Zanzibar, Namba 4 ya 2006 • Sheria ya Usimamizi wa Rasilimali za Maji, Namba 11 ya 2009 • Sheria ya Maji Safi na Taka, Namba 12 ya 2009 • Sheria ya Usimamizi wa Mazingira, Namba 3 ya 2015 • Sheria ya Usimamizi wa Ardhi, Namba 12 ya 1992 • Sheria ya Usalama na Afya Kazini, Namba 8 ya 2005 DON CONSULT LTD NOVEMBER 2018 xx Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council • Sheria ya Afya ya Umma na Mazingira ya Zanzibar, Namba 11 ya 2012 • Sheria ya Mamlaka ya Serikali za Mitaa, Namba 7 ya 2014 Sera za Benki ya Dunia Zilizotumika: • Sera ya Tathmini ya Mazingira (OP / BP 4.01) • Sera ya Uhamishaji Bila Hiyari (OP / BP 4.12) Ripoti hii pia imeainisha na kufanya tathmini ya tofauti kati ya sheria za nchi na sera za Benki ya Dunia. Aidha jinsi ya kuziba pengo la tofauti hizo imeainishwa kwenye ripoti hii. TAASISI ZITAKAZOTEKELEZA MPANGO HUU WA UHAMISHAJI NA FIDIA Taasisi zitakazotekeleza mpango huu wa uhamishaji na fidia zimeainishwa kwenye ripoti hii. Taasisi hizi ni ni Wizara ya Fedha na Mipango; Timu ya uratibu ya mradi wa ZUSP; Wizara ya Ardhi, Nyumba, Maji na Nishati; Ofisi ya Raisi, Tawala za Mikoa, Serikali za Mitaa na Idara Maalum. Mamlaka nyingine ni Ofisi ya Wilaya na Mkoa wa Mjini Magharibi, Halmashauri za wilaya ya Mjini na Magharibi B; Mahakama ya ardhi ya wilaya, Shehia pamoja na kamati za usimamizi wa RAP. ATHARI ZILIZOAINISHWA Miongoni mwa athari hasi zilizoainishwa katika ujenzi wa msingi wa maji ya mvua wa mfumo C ni uhamishaji wa watu katika eneo litakaloathirika. Mfumo C unajengwa katika eneo la mjini ambalo watu wanaishi na linatumika kama makazi ya watu na biashara. Kwa hiyo inahitajika kulipa fidia kwa watu 194 ambao wataadhirika kwa namna moja au nyingine. Athari hizo ni pamoja na watu ambao watapoteza ardhi, majengo, sehemu ya majengo, miti, mazao kama inavyoelezwa kwenye jedwali hapa chini. DON CONSULT LTD NOVEMBER 2018 xxi Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council Muhtasari wa Majengo yaliyoathirika Aina ya Jengo Makazi Biashara Makazi & Taasisi Jumla Biashara 141 12 6 3 162 Kiwango cha Athari Imeathirika yote Imeathirika kiasi Jumla 30 132 162 FIDIA NA STAHIKI NYENGINE Ustahiki Wale wote ambao kwa namna moja au nyingine wataathirika na ujenzi wa msingi wa mfumo C wanastahiki kulipwa fidia kulingana na sheria za Serikali ya Mapinduzi ya Zanzibar na Muongozo wa Mpango wa Uhamishaji (RPF) wa ZUSP pamoja na Sera za Benki ya Dunia namba OP 4.12 Mpango huu umeainisha makundi yafuatayo ya waathirika:- a) Waathirika ambao hawana hati za ardhi; b) Waathirika wa majengo ya biashara au makazi; c) Waathirika wenye majengo katika eneo la mradi d) Waathirika ambao ni wapangaji waliokodi katika majengo yatakayoathirika kwa ajili ya makazi au biashara mmoja mmoja au katika vikundi au kama familia e) Waathirika ambao watakosa sehemu ya kupita au kupata huduma katika eneo la mradi Tarehe ya Mwisho Tarehe ya mwisho iliyoainishwa katika Mpango huu wa uhamishaji na fidia ni tarehe ambayo zoezi la fidia lilikamilika nayo ni tarehe 31 Desemba, 2017. Tarehe hii ilitangazwa hadharani kwenye maeneo ambayo mradi huu utatekelezwa ambapo watu wote watakaothirika na viongozi wao kuanzia ngazi ya Shehia na Mamlaka nyingine za serikali walifahamishwa kupitia mikutano iliyoandaliwa kwa ajili ya masuala ya fidia. DON CONSULT LTD NOVEMBER 2018 xxii Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council Njia zilizotumika kufanya tathmini Kulingana na sehemu ya 4 ya Sheria ya Ardhi ya Mwaka 1992, msingi wa tathmini za ulipaji fidia ni “Bei ya soko�. Hii inahusisha bei ya soko ya ardhi, majengo, mazao, miti na vitu vingine vilivyoendelezwa kama vile visima, mifumo ya umeme, kuta za majengo, na kadhalika. Pamoja na hayo, Sera ya Benki ya Dunia (WB OP 4.12) inaelekeza kuwa tathmini za mali zilizoathirika zizingatie gharama za kurudisha mali hizo bila ya kupunguza thamani ya uchakavu. Kwa hiyo tathmini zilizofanywa zimezingatia matakwa hayo yote. Tathmini ya Miundombinu ya kijamii/ umma Tathmini ya miundombinu ya kijamii na ya umma kama vile visima, madaraja, mifumo ya maji n.k. imefanywa kwa kutumia thamani inayoweza kurudisha miundombinu hiyo. Makisio ya thamani hizo yamefanywa kwa mashirikiano na taasisi husika. Waathirika wasiotambuliwa Jumla ya waathirika saba (7) wameshindwa kutambuliwa pamoja juhudi ya kuuliza majirani zao na viongozi wao wa shehia. Hata hivyo mali zao zimefanyiwa tathmini na fomu za fidia zimetayarishwa na taarifa zao zimewekwa peke yake katika jaduaeli ya fidia kwa urahisi wa kuzitambua. Waathirika hao wapo katika shehia 3: shehia ya magogoni (5), shehia ya Jitimai (1) na shehia ya Sogea (1). Waathirika hao wataendelea kufuatiliwa ili kulipwa haki zao. Fidia ya athari za ziada zitakazotokana na ujenzi Mpango huu pia uumezingatia athari zinazoweza kujitokeza wakati wa ujenzi. Kwa upande wa majengo na miundombinu itakayoathirika wakati wa ujenzi, mkandarasi atayajenga na kurudisha kama au kuliko yalivyokuwa na kwa upande wa miti na mazao italipwa kwa kutumia fedha za dharura kutoka kwenye bajeti ya Mpango wa Fidia. Maposho na mafao mengine Mbali na fidia ya mali iliyoathirika itakayotolewa pia kutakuwa na posho na mafao mbalimbali yatakayolipwa kwa waathirika kama ifuatavyo: • Posho ya kujikimu: Italipwa kwa mtu ambaye nyumba yake itaathirika na kutakiwa kuhama = Kodi ya chumba kwa mwezi x Namba ya vyumba x miezi 36. • Fidia ya kupoteza faida ya biashara: Italipwa kwa mtu ambaye biashara yake imeathirika = faida aliyokuwa anaipata kwa mwezi x miezi 36 • Posho ya usafiri: Italipwa kwa muathirika ambaye itabidi aondoke kutokana na kuathirika nyumba yake au biashara yake = tani 12 x bei ya kusafirisha tani 1 kwa km 1 x km 20 DON CONSULT LTD NOVEMBER 2018 xxiii Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council • Posho ya usumbufu: Posho hii imelipwa kwa waathirika wote waliolipwa fidia = Jumla ya fidia x 0.08 Kwa mujibu wa utafiti uliofanyika waathirika 178 (90.6%) kati ya 194 wametaka kulipwa fedha taslim ili waweze kurejesha mali zao zilizoathirika wao wenyewe. Aidha watu 16 wamependelea kurejeshewa mali zao badala ya kulipwa fedha taslim. Njia za kuboresha maisha ya waathirika Pamoja na ulipaji wa fidia, mambo mbalimbali yatafanyika ili kupunguza athari na kuboresha maisha ya waathirika katika maeneo ya mradi. Miongoni mwa mambo yuatakayofanyika kupunguza athari na kuboresha maisha ya waathirika ni kuwa, mali zote zitakazoathirika zitalipwa na Wizara ya fedha kupitia Mradi wa Huduma za Jamii. Waathirika wote ambao watapoteza nyumba nzima au sehemu, miti na mazao watalipwa fidia ya mali zao pamoja na posho mbalimbali. Vijana wanaoishi maeneo ya mradi watapatiwa ajira na Mkandarasi kwa zile kazi ambazo wataweza kuzifanya kama vile ulinzi, uchimbaji, kufanya usafi, uondoaji wa vifaa vya ujenzi kutoka sehemu moja kwenda sehemu nyengine, kutoa huduma mbalimbali pamoja na kufanya kazi za kitaalamu kwa watakaokuwa na uwezo. Uzalishaji wa mapato na ukuzaji wa vitega uchumi Katika utekelezaji wa kazi, mkandarasi atabuni mbinu za uzalishaji wa mapato, ukuzaji wa vitega uchumi na ajira kwa wananchi hususan waathirika wa mradi. Badala ya mkaandarasi kununua kila kitu kutoka nje ya nchi, atahkikisha ananua vifaa na nyenzo bora za ujenzi kutoka katika maduka na wauzaji wa ndani ya nchi hususan waathirika wa mradi. Ununuaji wa huduma zote zote kama vile maji, utupaji wa taka za ujenzi, chakula na viburudisho n.k utafanywa na mkandarasi kutoka kwa wananchi hususan waathirika wa mradi. Ili kuwezesha ushiriki wa wananchi katika jambo hili, mambo yafuatayo yatafanywa: • Kwa kushirikiana na wananchi wa ameneo ya mradi hususan waathirika mkandarasi ataainisha biashara ambazo wananchi wanaweza kushiriki kuzifanya • Mkandarasi atawapa taaluma wananchi watakaoonyesha hamu ya kushiriki ufanyaji wa biashara hizo • Mkandarasi atawasaidia fedha wananchi watakaoamua kujihusisha na biashara • Mkandarasi atasaidia upatikanaji wa masoko na utayarishaji wa mpango wa biashara Ugawaji wa taka za ujenzi Wakati wa ujenzi kutakuwa na vitu vya aina mbali mbali kama vile miti iliyokatwa, mawe, kifusi, mchanga, makopo, makaratasi n.k ambavyo mkandarasi hatakuwa na haja navyo. Vitu hivi vitatolewa bure kwa wanachi. Hata hivyo jambo hili litafanywa kwa utaratibu maalumu ili kulinda usalama wa wananchi na mazingira kwa jumla DON CONSULT LTD NOVEMBER 2018 xxiv Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council UTARATIBU WA MALALAMIKO Katika utekelzaji wa kazi na ulipaji wa fidia kutajitokeza malalamiko mbali mbali kutoka kwa wananchi na waathithirika wa mradi. Kwa hiyo mradi umeweka utaratibu maalum wa kushughulikia malalamiko yote yatakayojitokeza. Ili kufanya utaratibu huo uwe mwepesi, mfumo wa kutumia viongozi wa Serikali za mitaa ambao ndio uliotumika kwa ulipaji wa fidia zote zilizofanywa na mradi wa ZUSP utaendelea kutumika. Waathirika wote wameeleweshwa utaratibu wa kufuata pindi wakiwa na malamiko yoyote yanayohusiana na fidia au mradi kwa jumla kupitia Masheha na mikutano mbali mbali wakati wa utayarishaji wa Mpango huu. Kwa ujumla malalamiko yatapelekwa kwa Sheha wa Shehia husika ambae atarekodi malalamiko hayo katika daftari maalum la malamiko na kuweka kumbukumbu za malalamiko hayo. Kwa hatua ya kwanza Kamati ya Sheha inaweza kushughlikia malalamiko hayo na kama itashindikana atayawasilisha malalamiko hayo kwa Mkuu wa Wilaya ambaye ndiyo Mwenyekiti wa Kamati kuu ya Mamalamiko. Pamoja na watendakji wa Wilaya, Kamati kuu ya Malalamiko itaundwa na wawakilishi kutoka mradi wa ZUSP, Mtathamini wa ardhi kutoka Wizara ya Ardhi, Makaazi, Maji na Nishati; Wizara ya Fedha na Mipango, Baraza la Manispaa ya Mjini na Sheha wa Shehia husika. Mbali na kuwasilisha malalamiko kupitia Sheha wa Shehia, njia nyengine zitakazotumika ni simu, barua pepe, masanduku ya malalamiko au mtu binafsi. Nambari za simu za maafisa wa mazingira na jamii wa mkandarasi, maafisa wa mazingira na jamii wa mradi wa ZUSP, anuani ya barua pepe ya mradi wa ZUSP zitatolewa kwa wananchi. Masanduku ya malalamiko yataweka katika Ofisi za Mkandarasi, Ofisi ya Wilaya na Ofisi ya Mradi. UFUATILIAJI NA TATHMINI Kutakuwa na mfumo wa ufuatiliaji na tathmnini ya ubora, maendeleo na athari za muda mrefu za utelekezaji wa Mpango wa fidia. Mfumo huo utafuatilia shughuli zote zilizofanywa na zitakazofanaywa katika utekelezaji wa mpango wa fidia , malipo ya fidia, ushauri na ueleweshaji wa jamii, uendelevu na uboreshaji wa maisha ya waathirika. Ili kufanya zoezi la ufuatiliaji kuwa bora zaidi, Mradi umeajiri Shirika lisilo la Kiserikali la ICC la Tanzania bara kufanya kazi hiyo. Shirika hilo litafanya kazi bila ya kuingiliwa na taasisi yoyote na limetakiwa kuwasilisha Ripoti za ufuatiliaji kwa Serikali pamoja na Benki ya Dunia. DON CONSULT LTD NOVEMBER 2018 xxv Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council TABLE OF CONTENTS ACKNOWLEDGEMENT ................................................................................................................................ i EXECUTIVE SUMMARY ................................................................................................................................................... ii LIST OF FIGURES ................................................................................................................................. xxxi LIST OF TABLES ................................................................................................................................... xxxii ACRONYMS .......................................................................................................................................... xxxiii 1 INTRODUCTION ..................................................................................................................................................... 1 1.1 Project Location ................................................................................................................................................ 1 1.2 Project Components and Infrastructure Requirements ................................................................................... 4 1.3 Estimation of Project Land Requirements ........................................................................................................ 4 1.4 Resettlement Action Plan (RAP), Need, Objectives and Principles .................................................................. 6 1.4.1 Resettlement Action Plan (RAP) ....................................................................................................................... 6 1.4.2 Objectives of Resettlement Action Plan ........................................................................................................... 7 1.4.3 Principles of this RAP ........................................................................................................................................ 7 1.5 Scope of RAP ..................................................................................................................................................... 7 1.6 RAP Content and Structure............................................................................................................................... 7 2 METHODOLOGIES ................................................................................................................................................. 9 2.1 Specific Methods and Approaches ................................................................................................................... 9 2.1.1 Documents Review ........................................................................................................................................... 9 2.1.2 Site Verification and Assessment ................................................................................................................... 10 2.1.3 Stakeholders Engagement and Consultation.................................................................................................. 10 2.1.4 PAPs Census and Socio-economic Surveys ..................................................................................................... 11 2.1.5 Affected Asset Inventories and Valuation ...................................................................................................... 11 2.1.5.1 Methods of Inventory of Affected Assets .................................................................................................. 11 2.1.5.2 Methods of Valuing Affected Assets and Compensation Payments .......................................................... 12 DON CONSULT LTD NOVEMBER 2018 xxvi Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council 2.2 Quality control, Data Capture and Analysis .................................................................................................... 15 2.3 Data Limitations.............................................................................................................................................. 16 2.4 Identification and Categorization of Impacts ................................................................................................. 16 2.5 RAP Compilation ............................................................................................................................................. 17 2.6 Public Disclosure of the Resettlement Action Plan ........................................................................................ 17 3 POLICY,LEGISLATIVE AND INSTITUTIONAL FRAMEWORKS ................................................................................. 18 3.1 ZanzibarPolicy Framework.............................................................................................................................. 18 3.1.1 Zanzibar Environmental Policy, 2013 ............................................................................................................. 18 3.1.2 The Zanzibar Vision 2020 and Zanzibar Second Generation of the National Development Framework (ZSGRP) 19 3.1.3 Zanzibar Disaster Management Policy (2011) ................................................................................................ 19 3.1.4 National Health Policy (2011) ......................................................................................................................... 19 3.2 Zanzibar Regulatory Framework ..................................................................................................................... 20 3.2.1 The Zanzibar Constitution, 1984 ..................................................................................................................... 20 3.2.2 Constitution of the United Republic of Tanzania, 1977.................................................................................. 20 3.2.3 The Land Tenure Act No 12, 1992(Amendment, Act No. 15 of 2003) ............................................................ 20 3.2.4 The Land Tenure Act, No. 12 of 1992 (Land Allocations Regulations 2008) ................................................... 21 3.2.5 The Land Survey Act No. 9 (1990) .................................................................................................................. 22 3.2.6 Zanzibar Environmental Management Act, 2015 ........................................................................................... 22 3.2.7 Labour Relations Act, 2004 ............................................................................................................................. 23 3.2.8 Zanzibar Local Government Authority Act of 2014 ........................................................................................ 23 3.2.9 The Ancient Monuments Preservation Act, 2002........................................................................................... 24 3.2.10 The Land Tribunal Act, No. 7, 1994; Amendment Act, No 1 of 2008 ......................................................... 25 3.2.11 The Valuers Registration Act, 2015 ............................................................................................................ 26 3.3 Administrative Framework for RAP Implementation ..................................................................................... 26 3.4 Applicable International Standards ................................................................................................................ 27 DON CONSULT LTD NOVEMBER 2018 xxvii Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council 3.4.1 The World Bank Resettlement Instrument OP 4 .12 ...................................................................................... 27 3.4.2 OP 4 .11 Physical Cultural Resources .............................................................................................................. 28 3.4.3 Human Rights Considerations ........................................................................................................................ 29 3.5 Gap Analysis between Tanzanian and WB OP. 4.12 Requirements ............................................................... 29 4 SOCIO-ECONOMIC BASELINE PROFILE OF THE PROJECT AREA ........................................................................... 38 4.1 General Background to the Area .................................................................................................................... 38 4.2 Results of Socio-Economic Surveys................................................................................................................. 40 4.2.1 Selection of Household Survey Sample .......................................................................................................... 40 4.2.2 Population and Demographics ....................................................................................................................... 40 4.2.3 Governance .................................................................................................................................................... 43 4.2.4 Local Administrative Structures ...................................................................................................................... 44 4.2.5 Land Tenure and Land Use ............................................................................................................................. 44 4.2.6 Livelihoods ...................................................................................................................................................... 44 4.2.7 Household Incomes and Expenditures ........................................................................................................... 46 4.2.8 Housing Condition and Facilities .................................................................................................................... 47 4.1.9 Household Sanitation Facilities ........................................................................................................................... 47 4.1.10 Waste management ......................................................................................................................................... 47 5 DISPLACEMENT IMPACTS .................................................................................................................................... 54 5.2 Loss of Land .................................................................................................................................................... 56 5.3 Loss of Business and Local Income Generating Activities ............................................................................... 57 5.4 Loss of Economic Trees/Crops ........................................................................................................................ 57 5.5 Impacts on Public Infrustructures .................................................................................................................. 59 5.6 Visual impacts ................................................................................................................................................. 61 5.7 Measures to avoid or Minimize Displacement Impacts ................................................................................. 61 6 STAKEHOLDERS CONSULTATIONS AND PARTICIPATION..................................................................................... 63 6.1 Objectives ....................................................................................................................................................... 63 DON CONSULT LTD NOVEMBER 2018 xxviii Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council 6.2 Stakeholder Identification .............................................................................................................................. 63 6.3 Consultation activities to date ........................................................................................................................ 68 6.4 Views, Issues and Concerns raised by Stakeholders during Consultations .................................................... 75 6.4.1 Key Issues and Concerns ................................................................................................................................. 75 6.4.2 Recommendations .......................................................................................................................................... 77 7 COMPENSATION PRINCIPLES AND ENTITLEMENTS ............................................................................................ 78 7.1 Understanding Compulsory Land Acquisition and Compensation ................................................................. 78 7.2 Eligibility Criteria ............................................................................................................................................. 79 7.3 Cut-off Date .................................................................................................................................................... 79 7.4 Validation of affected assets .......................................................................................................................... 79 7.5 Valuation Methods ......................................................................................................................................... 80 7.5.1 Valuation of Buildings ..................................................................................................................................... 80 7.5.2 Valuation of Trees........................................................................................................................................... 80 7.5.3 Valuation of Standing Crops ........................................................................................................................... 80 7.5.4 Valuation of Community/Public Infrastructures ............................................................................................ 81 7.5.5 Non Identifiable PAPs ..................................................................................................................................... 81 7.5.6 Compensation for unanticipated additional construction damage ................................................................ 82 7.6 Allowances / Other Assistances ...................................................................................................................... 82 7.7 Proposed Compensation Options and Packages for each PAP/PAH .............................................................. 82 7.8 Entitlement Matrix ......................................................................................................................................... 83 7.9 Compensation Schedule ................................................................................................................................. 85 7.10 Preferred Form of Payment ............................................................................................................................ 87 7.11 Other Assitance to Minimize Losses ............................................................................................................... 87 7.13 Vulnerable People .......................................................................................................................................... 89 8 GRIEVANCE REDRESS MECHANISM (GRM) ......................................................................................................... 91 8.1 The Existing GRM Through Negotiations and Mediation ............................................................................... 91 DON CONSULT LTD NOVEMBER 2018 xxix Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council 8.2 The Existing GRM through Judicial Precedure ................................................................................................ 93 8.3 PAPs’ Views and Recommendations on the Existing GRM Procedure under this RAP. .................................. 95 9 MONITORING AND EVALUATION ........................................................................................................................ 96 9.1 Monitoring framework and Indicators ........................................................................................................... 96 9.2 Monitoring Programme .................................................................................................................................. 96 9.2.1 Internal/Performance Monitoring Process ..................................................................................................... 97 9.2.1.1 Institutional Arrangements for Internal Monitoring and Reporting .......................................................... 97 9.2.2 Impact Monitoring .......................................................................................................................................... 97 9.2.3 Completion Audit and External Monitoring ................................................................................................... 98 10 RAP IMPLEMENTATION..................................................................................................................................... 101 10.1 Institutional Arrangements .......................................................................................................................... 101 10.2 Delivery of Entitlements ............................................................................................................................... 103 10.3 Time Plan/ Schedule ..................................................................................................................................... 103 11 RAP COSTING AND BUDGET .............................................................................................................................. 106 12 CONCLUSION AND RECOMMENDATIONS ......................................................................................................... 108 REFERENCES............................................................................................................................................................... 109 ANNEXES .................................................................................................................................................................... 110 ANNEX 2: GUIDE QUESTIONS FOR FOCUSED GROUP DISCUSSIONS ......................................................................... 114 ANNEX 4: GRIEVANCE STATEMENT FORM ................................................................................................................ 129 ANNEX 5: COMMUNITY MEETINGS ATTENDANCE SHEETS ....................................................................................... 131 DON CONSULT LTD NOVEMBER 2018 xxx Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council LIST OF FIGURES Figure 1: Location of Project Area and Coverage ..........................................................................................2 Figure 2: Location of Project Affected Assets ................................................................................................3 Figure 3: Gender Ratio among the Surveyed Households ............................................................................ 41 Figure 4: Age Structure Among the Affected Population .............................................................................. 41 Figure 5: Marital Status in the Affected Population...................................................................................... 42 Figure 6: Migration Characteristics of the Affected population ..................................................................... 42 Figure 7: Family Size Among the Project Affected Households .................................................................... 43 Figure 8: Average Household Monthly Income ............................................................................................ 46 Figure 9 : Types of houses found in the project area .................................................................................. 47 Figure 10: Solid Waste Management at Kwa Wazee and Jitimai ................................................................... 48 Figure 11 : Literacy Rate Among Those Completed Primary Education ......................................................... 50 Figure 12 : New Assaa-Kheir Dispensary that will be affected by the project at Muungano ............................ 50 Figure 13 : Common Diseases in the Project Area ....................................................................................... 51 Figure 14: Summary on the Existing Grievance Mechanism Steps ................................................................ 94 Figure 15: Rap Implementation Schedule ................................................................................................. 104 DON CONSULT LTD NOVEMBER 2018 xxxi Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council LIST OF TABLES Table 1: Coverage of System C drainage Channels .......................................................................................5 Table 2: Coverage of Census and Socio-economic Survey in the Project Area .............................................. 14 Table 3: Comparison of Tanzania Laws and WB OP. 4.12 Regarding Involuntary Resettlement ...................... 30 Table 4:Population of System C Project Area as per 2012 TNPHC and Their Projection to Year 2017 ............. 39 Table 5: Number of Schools in the Project Affected Shehias ........................................................................ 49 Table 6: Affected Structures (Uses and Magnitude of Impact) ..................................................................... 55 Table 7: Land to be Affected by the Project in each Shehia ......................................................................... 56 Table 8: Summary of Affected Assets Trees/Crops per Shehia ..................................................................... 58 Table 9: Summary of Public/Community Affected Assets ............................................................................. 60 Table 10: Identified RAP Stakeholders ....................................................................................................... 64 Table 11: Summary of Stakeholder Meetings, Focus Groups Discussions and Interviews ............................... 68 Table 12: Entitlement matrix ..................................................................................................................... 83 Table 13: Summary of Affected Assets and Compensation Costs Per Shehia ................................................. 86 Table 14: Vulnerable People Affected by System C Project .......................................................................... 89 Table 15 Existing GRM through Negotiation and Mediation Procedure. ......................................................... 92 Table 16: Grievance redresses procedure through Judicial Procedures ......................................................... 93 Table 17: Monitoring Plan .......................................................................................................................... 99 Table 18: RAP Budget ............................................................................................................................. 106 DON CONSULT LTD NOVEMBER 2018 xxxii Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council ACRONYMS AIDS Acquired Immunodeficiency Syndrome BCT Basic Cash Transfer CBO Community Based Organisation CCG Community Consultation Group CDO Community Development Officer CMT Council Management Team CSR Corporate Social Responsibility CT Cash Transfer DACs Directly Affected Communities DAS District Administrative Secretary DC District Commisioner DED District Executive Director
 DAO Division Administrative Officer DCC District Development Committee DCCFF Department of Commerce, Crops, Fruits and Forests DfID Department for International Development DoE Department of Environment DoURP Department of Urban and Rural Planning DRC Depreciated Replacement Cost EA Environmental Assessment EIA Environmental Impact Assessment
 EIS Environmental Impact Statement
 EPFI Equator Principles Financial Institutions
 ESIA Environmental and Social Impact Assessment
 ESMP Environmental and Social Management Plan FAO Food and Agriculture Organization of the United Nations FGDs Focused Group Discussions GEA Gross External Area GPS Geographical Positioning System HIV Human Immunodeficiency Virus IACs Indirectly Affected Communities DON CONSULT LTD NOVEMBER 2018 xxxiii Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council IFC International Finance Corporation
 km Kilometer km2 Square Kilometers LGA Local Government Authority m Meter M2 Square Meter MANREC Ministry of Agriculture, Natural Resources, Environment and Cooperatives M&E Monitoring and Evaluation MELCW Ministry of Energy, Land, Construction and Water MFP Ministry of Finance and Planning MoU Memorandum of Understanding NEMC National Environment Management Council
 NGO Non-governmental Organisation NSGRP National Strategy for Growth and Reduction of Poverty OD Operational Directives OHS Occupational Health and Safety OP Operational Manual PAPs Project Affected Persons PHC Population and Housing Census PMT Project Management Team PWP Public Works Plan RAO Regional Administrative Officer RAP Resettlement Action Plan RC Regional Commissioner RDC Regional Development Committee REA Reduced External Area RGoZ Revolutionary Government of Zanzibar RPF Resettlement Policy Framework RSC RAP Steering Committee RWC Resettlement Working Group REDD Reduced Emissions from Deforestation and Degradation SACCOS Savings and Credit Cooperatives DON CONSULT LTD NOVEMBER 2018 xxxiv Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council SEP Stakeholder Engagement Plan SEO Shehia Executive Officer SPSS Statistical Package for Social Scientists SIMP Social Impacts Management Plan STCDA Stone Town ConservationDevelopment Authority TANESCO Tanzania Electric Supply Company
 ToR Terms of Reference
 TCCL Tanzania Telecommunication Company Limited TGs Tanzanian Government’s TASAF Tanzania Social Action Fund TZS Tanzanian Shillings UN United Nations URT United Republic of Tanzania VCCT Variable Conditional Cash Transfer VPO Vice President’s Office WB World Bank WC Ward Councilor WEO Ward Executive Officer ZAWA Zanzibar Water Authority ZECCO Zanzibar Electricity Company ZEMA Zanzibar Environmental Management Authority ZMC Zanzibar Municipal Council ZSGRP The Zanzibar Vision 2020 and Zanzibar Second Generation of the National Development Framework ZUSP Zanzibar Urban Services Project ZURA Zanzibar Utility Reguratory Authority DON CONSULT LTD NOVEMBER 2018 xxxv Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council 1 INTRODUCTION The Revolutionary Government of Zanzibar (RGoZ), through the Project Management Team (PMT) of Zanzibar Urban Services Project (ZUSP), has requested World Bank assistance under the proposed Additional Finance for, inter alia, the development of additional storm water drainage infrastructure. The drainage systems that were included under the original project scope are Systems (C, D, E, F, G, and I). Among these, systems D, E, F, G, and I are already constructed except System C which needed to be redesigned to accommodate Sebleni and Mwanakwere as retention ponds. Therefore, RGoZ decided a separate RAP for System C including Mwanakwerekwe basin to be prepared. The System C project area is land which is primarily used for residential and to a lesser degree for commercial uses. Based on this factor there will be ressettlement of people to accomodate implementation of this project as a result RAP preparation is inevitable. Therefore, RGoZ through the Ministry of Finance has commissioned a Resettlement Action Plan (RAP) to be prepared in order to address displacement-related impacts of the System C project. This RAP is being prepared in accordance with national legislations and international best practice standards and Don Consult Ltd Company, a Tanzanian Consulting firm, has been appointed to undertake the assignment. This report contains detailed information on the affected communities, land uses and socio-economic conditions of the area that will be affected by the Project. It also includes a description of the nature, magnitude and measures to mitigate displacement impacts and compensate for those impacts. This report must be read in conjunction with the asset survey/valuation report and Environmental and Social Impact Assessment (ESIA) report for the System C Project. 1.1 Project Location The project area is located within the jurisdiction of Zanzibar Municipality situated on the West Coast of Unguja Island within the Urban West and Urban West B Districts in the main island of Unguja at Latitude 390 11’ 57 east and Latitude 60 9’ 57’’ south of the equator. The proposed drainage has the length of 10.417km and will pass through 19 shehias of Makadara, Mitiulaya, Kwa Alimsha, Nyerere, Shaurimoyo, Kwa Mtumwajeni, Mikunguni, Muungano, Kwa Wazee, Kilimahewa Juu, Kilimahewa Bondeni, Amani, Mkele, Mapinduzi and Sogea. Others include Magogogni, Jitimai and Mwanakwerekwe. Among these, only 8 shehias will be affected by resettlement; where by 5 Shehia are found in Urban District (namely; Kwa wazee, Sogea, Shaurimoyo, Nyerere, Mtumwajeni) and the remaining 3 in Urban West District (namely; Magogoni, Jitimai and Mwanakwerekwe).The project area location is as shown in figure 1 below. 1 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council Figure 1: Location of Project Area and Coverage 2 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council Figure 2: Location of Project Affected Assets 3 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council 1.2 Project Components and Infrastructure Requirements i. Storrm Water Drainage System C (Channel Area) The Project will involve construction of about 10.417 kms (main storm water drainage channel and secondary drains) to collect water from north of Amani Stadium, and stretched eastwards through Mwantenga A and B, Nyerere, Kwa Wazee and Sebleni Swamp before going through Mikunguni Road to Jumapweza, Makadara, Abass Hussein, Mitiulaya finally discharged to Kinazini marine outfall. The channel will comprise of several small channels tributaries varying in lengths, widths and depths ranging from 90 to 1400m (length); 3 to 13m width including way leave corridor as well as manholes for straining solid waste carried by moving water. The drainage System C is divided into the following categories:- i. Existing drainage systems that are considered to be adequate and need no further upgrading; ii. Existing drainage systems that need rehabilitation i.e. improving the standard of the drain to increase the capacity (lining and size), repair damaged lining and reinstate the capacity by cleaning the drains; iii. New piped drainage system; iv. New uncovered channel drainage system; and v. New covered channel drainage system. ii. Wayleave Corridor The size (width) of wayleave corridor will vary from 1 to 3 meters depending on the slope, depth and width of the particular channel section. Any changes to the project design will be done in consultation with RGoZ through Ministry of Finance and Planning –ZUSP and ZMC Municipal Engineer. 1.3 Estimation of Project Land Requirements The System C Project requires land for the construction of storm water drainage channel and wayleave corridor which shall involve the physical and/or economic displacement of some households, community facilities and land owners and users. The area of land take required is referred to as the “Resettlement Action Plan Area� or “RAP Area�. The RAP Area will comprise the footprint of the drainage channels, manholes, pedestrian bridges and wayleave corridor. The project designs showed that System C project requires about 10.417km length with varying width ranging from 3 to 12 meters depending on the depth of the particular channel section thus making a total area of 65276m2 (table 1 below). The Project design and layout has been optimized to minimize physical and economic displacement and confirm the area of Project land take (i.e. the “RAP Area�). The project will be implemented in 19 shehias (16 in Urban district and 3 in Urban West district); but only 8 shehias (5 in Urban West District and 3 shehias in Urban west B District) will be affected by physical displacement. Dwelling land, business and a small fragment of urban agricultural land will also be directly affected resulting in 4 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council physical and economic displacement, along with effects to broader community on access to community services and facilities; roads and pathways. Based on the technical designs, an estimation of the project’s permanent land requirements is 65276m2, including way leave corridors (see table 1 below). Table 1: Coverage of System C drainage Channels Channel Width Total Length (M)-including Channel S/N Drainage System Section (M) way leaves) Area (M2) Location/Shehia 1 C1-C8 445 3 1335 Miti Ulaya 2 C8-C12 229.7 3 689.1 Makadara Makadara, Mikunguni, Kwa 3 C12-C21.1.1 1433.5 12 17202 Alimsha, Muungano & Sebleni 4 C21.1.1-C21.2bis 317 10 3170 Sebleni 5 C21.3-C21.3.4 417 5 2085 Sebleni, Sogea & Nyerere 6 C21.3.9-C21.3.5 400 4 1600 Sogea 7 C21.3-C21.9 531.9 10 5319 Sebleni & Kwa Wazee 8 C21.9-C21.9.11 928 10 9280 Kwa Wazee 9 C21.9.11-C21.9.11.N19 550.4 5 2752 Magogoni Kwa Wazee, Nyerere & Mtumwa 10 C21.9-C21.13 438.7 10 4387 Jeni 11 C21.24-C21.15 73.26 10 732.6 Kwa Mtumwa Jeni Mkele, Mapinduzi, Amani, Shauri 12 C12-C19 725 3 2175 Moyo, Kilimahewa Juu & Chini Mkele, Mapinduzi, Amani, Shauri 13 C19-C21 365 3 1095 Moyo, Kilimahewa Juu & Chini Mkele, Mapinduzi, Amani, Shauri 14 C21-C32 1270 3 3810 Moyo, Kilimahewa Juu & Chini 15 C12a.2.1.5-C12a.2.1 277 3 831 Shauri Moyo 16 C12a.2.3.4-C12a.2.2 212 3 636 Shauri Moyo 17 C12a.2.2.2-C12a.2.2 122 3 366 Shauri Moyo 18 C12a.2.7-C12a.2 299 3 897 Shauri Moyo 19 C21.24.11-C21.24.8 287.2 5 1436 Jitimai & Mwanakwerekwe 20 C21.44-C21.38 153.14 5 765.7 Magogoni 21 C21.38-C21.35 206.39 5 1031.95 Jitimai & Mwanakwerekwe 22 C21.35-C21.34 91.53 5 457.65 Jitimai 5 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council Channel Width Total Length (M)-including Channel S/N Drainage System Section (M) way leaves) Area (M2) Location/Shehia 23 C21.24-C21.25 237 5 1185 Jitimai C21.24.8- 24 Mwanakwerekwe pond 407.6 5 2038 Mwanakwerekwe TOTAL LENGTH (m) 10,417 65,276 1.4 Resettlement Action Plan (RAP), Need, Objectives and Principles 1.4.1 Resettlement Action Plan (RAP) A Resettlement Action Plan (RAP) is a document drafted by the sponsor or other parties responsible for resettlement (such as government or implemeting agencies), detailing procedures and the actions to ensue to properly resettlement and compensate of affected people and communities. RAP is the project implementer’s commitment to government or other responsible organs and to the affected people that it will meet its obligations arising from involuntary resettlement. Need for a RAP The proposed System C Project will involve land acquisition specifically where the proposed drainage channel will be located and associated wayleave corridor. Currently, the proposed site is utilized for various social and economic activities such as residential, commercial and small scale urban agricultural activities whereby without proper planning and management, involuntary resettlement may result in long-term hardship for affected people and environmental damage to the locations in which they are resettled. Such potentially negative effects weaken the developmental impact of the project, smudge the reputation of the project sponsor, and are contrary to World Bank’s mission to improve the lives of people through development investment. Therefore, ZUSP is preparing this RAP to ensure that land acquisition is undertaken in compliance with various acts and regulations on land acquisitions and resettlement of RGoZ as well as WB safeguard policy and operational standards for involuntary resettlement. Conversely, through proper resettlement planning, a sponsor can enhance the development impact of a project and thereby improving the living standards of affected people and enhance national and international corporate reputation, and a well- founded partnership with international organizations for future investment opportunities. 6 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council 1.4.2 Objectives of Resettlement Action Plan The fundamental objective of this RAP is to provide an agreed plan for the land access, compensation and resettlement of communities and individuals affected by the proposed System C Project to be implemented in eight (8) shehias of Zanzibar Municipal Council (ZMC) in Urban West Region. The plan provides a road map for resolving displacement, resettlement and compensation issues to ensure that: • PAPs and communities are compensated in accordance with the RoGZ legal framework and the safeguard policies of World Bank • PAPs and communities have the opportunity to restore, at a minimum, or improve their living standards to at least pre-resettlement or pre-disturbance conditions and to share benefits from the Project. • Principles and procedures are established and the interests and needs of PAPs are addressed in a RAP 1.4.3 Principles of this RAP The core principle of this RAP is to minimize the impacts of the project to affected populations as indicated in WB OP 4.12 (Involuntary Resettlement) which require that; • Involuntary resettlement should be avoidedor minimized by exploring viable alternative project designs, and where is unavoidable • All people affected by it should be compensated fully and fairly for lost assets. • All people affected by involuntary resettlement should be consulted and involved in resettlement planning to ensure that the mitigation of adverse effects as well as the benefits of resettlement are appropriate and sustainable. • 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. 1.5 Scope of RAP This RAP is prepared to address resettlement issues for the proposed storm water drainage System C including Mwanakwerekwe Basin. System C is the largest and most complex of all systems in ZMC having a total length of 10.417kms passing through 19 shehias namely Makadara, Mitiulaya, Kwa Alimsha, Nyerere, Shaurimoyo, Kwa Mtumwajeni, Mikunguni, Muungano, Kwa Wazee, Kilimahewa Juu, Kilimahewa Bondeni, Amani, Mkele, Mapinduzi and Sogea. Others include Magogogni, Jitimai and Mwanakwerekwe. These shehias are locaten in the two district councils of Urban West and Urban West B. 1.6 RAP Content and Structure 7 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council • Chapter 2 describes the methodology adopted for preparation of the RAP, including the surveys undertaken to identify all project affected households and including a list of their affected assets. • Chapter 3 defines the legal and policy requirements to which the resettlement process must observe, and organizational framework that will come into process during RAP execution; • Chapter 4 delivers a baseline socio-economic profile of the project affected households and the environment in which they are situated; • Chapter 5 identifies the nature and magnitude of displacement impacts that will likely result from the Project; • Chapter 6 documents the process by which affected parties were involved and consulted in the resettlement planning process, and identifies the consultation required for the finalization of the RAP; • Chapter 7 delineates a set of compensation principles and entitlements for affected assets to ensure that compensation for or replacement of lost assets is fair, just and equitable; • Chapter 8 defines measures for restoring livelihoods and income-generation activities where these have been significantly disrupted; • Chapter 9 establishes the means to effectively address grievances raised by affected communities during and after the resettlement and compensation process; • Chapter 10 defines appropriate mechanisms to monitor and evaluate the resettlement/ compensation process; • Chapter 11 provides an indicative programme and time schedule for resettlement implementation; and • Chapter 12 provides a provisional cost estimate for the implementation of resettlement. • Chapter 13 Conclusion and Recommendations. 8 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council 2 METHODOLOGIES Overview The core principle of this RAP is to minimize the impacts of the project to the affected communities as specified in Resettlement Policy Framework (RPF) prepared by ZUSP in accordance with various national and international resettlement policies and laws which require that; any possible adverse impacts of proposed project activities are addressed through appropriate mitigation measures. Based on the those principles, the following specific methods and approaches were used in preparation and completion of this RAP without ignoring nature of the proposed project (Storm Water Drainage System C). 2.1 Specific Methods and Approaches A combination of deskwork review and field visit and stakeholder participation formed the basis of this RAP. The approaches used include: 2.1.1 Documents Review A review of available documents has been undertaken to obtain information relevant to the development of a RAP as specified by ZUSP in ToR. The review shall focused on: • Previous studies and reports concerning the proposed Project specifically: ✓ ZUSP Resettlement Policy Framework (RPF) ✓ ZUSP Environmental and Social Impact Assessment Report by Golder Associates (2010), ✓ World Bank Policies and Protocols related to RAPs (OP 4.12 -Involuntary Resettlement Instruments) ✓ The Census and Socio-economic survey of all drainage systems conducted in 2010 ✓ The Census and Socio-economic survey of all drainage system C conducted in 2015 ✓ Environmental and Social procedures and practices and guiding documents of the works contractor and supervision consultant. In addition to the above documents, relevant acts, policies and guidelines pertaining to land acquisition, displacement and compensation were also reviewed. These include: o Constitution of the United Republic of Tanzania (Cap 2 ); 1977 as amended from time to time o Constitution of Zanzibar, 1984 o Zanzibar Environmental Policy, 2013 o The Zanzibar Vision 2020 and Zanzibar Second Generation of the National Development Framework (ZSGRP) o Zanzibar Disaster Management Policy (2011) o National Health Policy (2011) o The Land Tenure Act No 12, 1992 (Amendment, Act No. 15 of 2003) o The Land Tenure Act, No. 12 of 1992 (Land Allocations Regulations 2008) o The Land Survey Act No. 9 (1990) 9 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council o Zanzibar Environmental Management Act, 2015 o Labour Relations Act, 2004 o Zanzibar Local Government Authority Act of 2014 o The Ancient Monuments Preservation Act, 2002 o The Land Tribunal Act, No. 7, 1994; Amendment Act, No 1 of 2008 o The Valuers Registration Act, 2015 o The ZMC socio-economic profile Regional and local socio-economic data (e.g. Results of the National Housing and Population Census for Tanzania Mainland and Zanzibar, 2012. 2.1.2 Site Verification and Assessment The team conducted a site visit mainly to observe, identify and determine the magnitude and type of resettlement impacts associated with the Storm Water Drainage System C project (environmentally, socially and economically) and develop mechanisms to minimize those impacts. 2.1.3 Stakeholders Engagement and Consultation Stakeholder’s consultation and engagement is vital during the development of a RAP and is a requirement both in terms of Zanzibar legislation and World Bank safeguards policies. The latter requires continuous, transparent and genuine communication between the Project, resettlement- affected parties and other stakeholders involved in the resettlement planning process. A range of methods and approaches were used to ensure that all key stakeholders are identified, consulted and involved accordingly in the whole process of preparing this RAP. These included: • Meetings A number of regular formal and public meetings were held often as was deemed necessary with the affected parties, government authorities/departments, implementers and other identified stakeholders to discuss RAP-specific arising issues and procedures. Minutes of meeting were recorded and documented ccordingly following accepted best practices. To ensure maximum participation, stakeholders and PAPs including women and vulnerable groups were accordingly informed about all consultation meetings. People were invited to attend the meeting through letters, and through Shehia leaders (Shehas) who invited their people by using speakers, word of mouth and phone calls. House visits were used to invite vulnerable groups. • Development of an Entitlement Framework and compensation options The RAP study team consulted District government officials with regard to the legal and administrative requirements for the valuation of affected assets and the use of government valuers as government representatives in valuation process. Subsequently, an Entitlement Framework and an entitlement matrix were developed for the purposes of identifying the rights and entitlements of resettlement affected people and measures for the compensation of displaced assets. The Entitlement Framework 10 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council forms the basis for developing appropriate compensation packages and options; and is presented Chapter 8. 2.1.4 PAPs Census and Socio-economic Surveys Census and socio-economic information will; ➢ Provide resettlement planners with a general understanding of the communities affected by the project and the scope of compensation and resettlement assistance necessary to mitigate adverse effects. ➢ Help to identify vulnerable groups living in the project area that will need special resettlement assistance or particular attention from resettlement planners as they are less able to cope with the physical and/or economic displacement than the affected population in general e.g. women and children headed households; people with disabilities, the extremely poor, the elderly, and groups that suffer social and economic discrimination, including ill people and minorities. ➢ Assist in laying a framework for subsequent socio-economic research needed to design, monitor, and evaluate sustainable income restoration or development interventions; and to provide a baseline for monitoring and evaluation. Methodology: Household census and socio-economic survey were carried out using a questionnaire for an individual household. These questionnaires were prepared and administered to register, enumerate and gather basic information on the affected population by residence or locality such as demographic data (age structure, gender structure, marital status, family size, literacy etc.) and related social and economic information like occupation, means of livelihood/ income sources, living condition i.e. standards of houses, health facilities, education facilities water supply, sanitation and energy as well as social networks and support system among the affected people. 2.1.5 Affected Asset Inventories and Valuation 2.1.5.1 Methods of Inventory of Affected Assets An inventory and survey of all assets affected by the project was carried out. The survey accounted for land acquisition and loss of physical assets as well as loss of income either temporary or permanent resulting from displacement of household members from employment or income-generating resources for instance, traders and suppliers from customers and farmers from farm lands. Assets held collectively such as water and electricity infrastructures and other community structures were recorded separately. On the other hand, during assets inspection and inventories; owners /heads of households or their representatives were required to countersign them to minimize the possibility of subsequent claims or disputes regarding claims. The following are important inventory categories: 11 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council • Lands All lands affected by the project, whether on a permanent or a temporary basis, were surveyed, classified by type, and recorded. All affected lands are located in unplanned areas of ZMC. Therefore, lands in RAP area were classified into three major categories i.e. residential/dwelling lands,commercial lands and a mixture of residential and commercial depending on the nature of local communities and environment. No pasture land or forest reserve was found in RAP area. A small scale urban agriculture was observed to be precticed in the shehia of Magogoni A, Nyerere and Sebleni. Farmers in these area practice both, rainfed agriculture for cassava and sweet potatoes and small scale irrigation agriculture for vegetables. • Houses and associated structures Houses, separate kitchens, toilets, storerooms, barns, stables, granaries, and workshops for small industry were evaluated as per construction materials used in relation to construction rates provided by the respective ministry/department. All structures were included in the inventory regardless of whether they are permanently inhabited or occupied intermittently by transient populations. • Crops and/trees Assets These include assets such as standing crops;ornament/shed trees; fruit and fodder trees; firewood and timber trees, plantations (coconut trees) and fencing plants. All these assets were surveyedand recorded accordingly. • Other Physical Assets These include all non-movable assets such as wells, water supply systems, electricity and telecommunication systems and astructures, workshops, stalls, and other community business establishments were surveyed, recorded and classified according to ownership (private, public enterprise, joint venture, etc.). Individuals losing their enterprises were enumerated, and the values of these losses incurred during the resettlement period were estimated. 2.1.5.2 Methods of Valuing Affected Assets and Compensation Payments Valuation of affected assets was undertaken based on the current practices in RGoZ and Tanzania in general for valuation and compensation of properties as stipulated under the The Land Tenure Act No. 12, 1992(Amendment, Act No. 15 of 2003);and the Land Survey Act No. 9 (1990). These acts requires that compensation should be paid based on the market value of the affected property (land and structures) i.e. direct comparison/replacement cost method, and standing crops by using earnings approach as determined by the valuation assessments. This generally is in line with resettlement measures required by the WB OP 4.12 which recommends compensation at full replacement value of an asset at the time of valuation and not depreciated value. OP 4.12 also urges replacement of ‘land for land’ where appropriate for all PAPs (including those without title/squatters). Details on OP 4.12, 12 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council is provided in chapter 4. Nonetheless, valuation of affected assets also considered the accomodation, transport, and disturbance allowances as part of the valuation procedure. Details on computation of these allowances is provided in section 8.5 a) Survey Preparation In anticipation of the abovementioned surveys, several consultations were held with the relevant government departments and district authorities in order to obtain their approval for the resettlement planning process. Various public consultation meetings were also held in the Project area to inform community leaders and affected parties of the surveys to be undertaken and commence with arrangements for ensuring that all affected parties attend the asset surveys. b) Survey Implementation i. Socio-economic Survey The socio-economic surveys were conducted in all 19 affected shehias and involved a team comprising Senior Sociologist; supported by three supporting staff (enumerators).The Senior Sociologist planned, coordinated and conducted quality control for the work undertaken by the enumerators to ensure precise information were gathered. Population sample was selected using a simple random sampling technique at a confidence level of 95%, in order to limit the margin of error to ±5%. Prior to implementation of the surveys, the enumerators received intensive induction training in the questionnaire content, interviewing techniques and data capturing protocols. A pilot survey was conducted in the first day of field asset survey as a last step in the training process. The total number of surveyed households and the number of individuals per household from each shehia is presented in Figure8. Thisfigure also shows the number of households that either refused to be interviewed or they were absent during census and social survey. Note: Confidence level is the level of certainty to which an estimate (survey sample) can be trusted. This usually lies between 90-99% whereby the larger the sample, higher the confidence level and the lower margin of error. On the other hand, margin of error (confidence intervals) is the positive and negative deviation to be allowed in the survey results for the sample (deviation between the opinion of survey sample and the opinion of the entire population). This usually ranges between 1 to 5% (±). 13 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council Table 2: Coverage of Census and Socio-economic Survey in the Project Area S/No. Shehia No of Households involved in Socio-economic Survey 1 Sebleni 32 2 Muungano 13 3 Amani 32 4 Kwa Wazee 32 5 Shaurimoyo 25 6 Makadara 5 7 Miti Ulaya 3 8 Kwa Mtumwajeni 2 9 Kilimahewa Juu 1 10 Kilimahewa Bondeni 10 11 Mkele 7 12 Mapinduzi 16 13 Nyerere 8 14 Sogea 11 15 Magogoni A 22 16 Jitimai 10 17 Kwa Alamsha 11 18 Mwanakwerekwe 6 ii. Asset survey The asset survey was conducted during field work from October 2017 to end of December 2017. A total of 194 households were included in the asset survey. The asset survey aimed to achieve 100% coverage of all assets in the poject area as these assets are likely to be displaced by the Project and would therefore need to be included in the RAP. On the other hand the asset survey couldn’t trace 7 (Seven) PAPS who were not available during inspection and were neither known to local leaders nor respective neighbours. However, the said properties were inspected and their compensation forms 14 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council have been prepared and particulars therein appear in the compensation schedule separately for easy identification. These are found in 3 shahia’s as follows: Magogoni 5, Jitimai 1, Sogea 1. iii. Survey of Communal / Institutional Assets This survey focused on assets, structures, etc. that is not the property of individual households and includes: • Communal/public land/building • Communal wells; and • Other public or communal infrastructures (such as hospitals, meeting places or places of worship, bridges, electricity and telecommunication infrastructures). Most public infrastructure (such as schools, places of worship, healthcare facilities, and market areas) are located in settlement centers outside RAP area. In collaboration with local leaders, including Shehas and assistant shehas, a number of communal assets within RAP area were identified, including water wells/boreholes, bridges, underground water supply pipes, electricity poles, telecommunication poles and cables (TCCL), street light poles, ttcl poles and tarmac road. Relevant information for each asset was recorded, including its spatial location and photograph. The affected assets will be replaced in collaboration with respective institutions. 2.2 Quality control, Data Capture and Analysis Rigorous quality control measures were undertaken during fieldwork. These included the following: • Employment of skilled and experienced key and supporting staff (sociologist, GIS expert, valuer and enumerators). • Intensive training of the enumerators in the questionnaire content and in interviewing techniques; • Enumerators were accompanied by the fieldwork supervisor (senior sociologist) to a sample of the households they visited; and • Completed questionnaires were checked for internal consistency (e.g. employment status for individual household members, recorded during the census, were checked against household- level information on sources of income as recorded during the detailed socio-economic survey). • The photographic, GPS and questionnaire-based data collected during fieldwork were then captured in an electronic database and subjected to quantitative analysis to generate descriptive statistics and to identify trends and patterns in households’ socio-economic characteristics and asset ownership. 15 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council 2.3 Data Limitations The socio-economic and asset data is subject to the following limitations; As mentioned, the fact that the asset survey partially coincided with rainy season meant that, some asset owners were unavailable to participate. Some asset owners were reluctant to partake in the asset survey due to various reasons like; illness and travelling. In some instances, it appeared that owners representatives didn’t have in-depth information about the affected asset and household members thus resulted in an increase in margin of error. Ownership of affected properties in some instances, were unclear especially where the legal owner absent or dead. Family conflicts and misunderstanding between spouses caused frequent changes on the names to be registered during asset valuation. The survey team relied on local leaders (Shehas) to identify the legal owners of affected properties but most of them (shehas) were new in their position thus they were not familiar with all people in their localities. 2.4 Identification and Categorization of Impacts In this RAP identification and categorization of impacts was done in order to achieve the ultimate goal of a RAP which is to enable those displaced by a project to restore and or improve their living standards through compensations and livelihoods restoration programmes. This goal requires an examination of social, environmental, and economic conditions beyond simple physical inventories that’s why the assignment was carried out by qualified social experts with appropriate training and experiences. RAP has identified all people affected by the project and all adverse impacts on their livelihoods associated with the project’s land acquisition. Typical effects include: • Breakup of families/communities and social support networks. • Loss of lands, dwellings, buildings, and other structures (wells, boreholes, and fencing) and loss of trees and standing crops; • Impeded or lost access to community resources such as water sources. • Temporary loss of access to public infrastructure or services such as roads, bridges, electricity, telecommunications etc. • Reduced income resulting from above mentioned losses. On the other hand, consultation with local government officials, community leaders, and other representatives of the affected population (Resettlement Working Groups /Committees) was undertaken to gain a comprehensive understanding of the types and degrees of adverse project effects. An environmental and social impact assessment (ESIA) of the project site including host communities was also undertaken to identify and mitigate project impacts. The adverse effects associated with resettlement in host communities may include; increased pressure on land, natural resources (water, woodlands, grasslands etc.) and other common property resources, public infrastructures and services. Therefore, affected populations and impacts were identified through the following series of steps; 1. Census – All PAPs were enumerated and registered according to their location. 16 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council 2. An inventory: - All affected assets at the household, enterprise, and community level were inspected, counted registered and valued by RAP team. 3. Socio-economic surveys and studies of all affected people including seasonal, migrant were undertaken by consultant social team in the displaced population. 4. Analysis of surveys and studies: -This was done using data analysis software known as Statistical Package for Social Scientist (SPSS) to establish compensation parameters, to design appropriate income restoration and sustainable development initiatives, and to identify baseline monitoring indicators. 5. Consultation with affected populations: Consultations regarding mitigation of effects and development opportunities were conducted through meetings and focused group discussion in all project affected shehias. 6. Preparation of Thematic Maps: Maps that identify such features as population settlements, infrastructure, soil composition, natural vegetation areas, water resources, and land use patterns were prepared to show the impact of project. 2.5 RAP Compilation The outcomes of the afore mentioned activities were combined into a single document (this report), together with various other items of information needed to ensure successful completion of the resettlement process such as a grievance procedure, discussion on livelihood testorations, definition of organizational arrangements, a implementation schedule and cost estimate, as well as recommendations regarding monitoring and evaluation of RAP implementation. 2.6 Public Disclosure of the Resettlement Action Plan Before approval and disclosure, the RAP will be reviewed by the Bank. Then the approved RAP Report will be made publicly available in the project area in Zanzibar available at the ZUSP office (hard copies) and soft copy will be available at ZUSP website as well as in the World Bank external website. The executive summary of the RAP Report will be translated into Kiswahili and for confidentiality reasons; contact details of the PAPs will be removed by the ZUSP PMT and copies in English and Kiswahili will be available at the following locations: • ZUSP Office • Urban West Regional Commissioner’s Office; • Offices Urban West and Urban West B District Commissioners Offices; • Offices of the Executive Director in respective Districts; • Offices of the Ward Executive Officer (WEO) and Shehia 17 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council 3 POLICY,LEGISLATIVE AND INSTITUTIONAL FRAMEWORKS This RAP took into account the existing national regulatory framework within the context of RGoZ Law. These include applicable laws and policies with relevance to land acquisition and landownership, as well as resettlement and compensation in Tanzania such as are discussed in Section 4.1 below. This is followed by a description of the administrative framework applicable to the RAP, while Section 4.3 presents international best practice guidelines that were consideredduring the development of the RAP. 3.1 ZanzibarPolicy Framework 3.1.1 Zanzibar Environmental Policy, 2013 The first Zanzibar Environmental Policy was developed in 1992 with major focus on protecting and improving the environment in a manner which contributes to the improvements on quality of life of both present and future generations. The policy was also prepared to respond to the international call for the governments of the world to prepare the national environmental policy for the corresponding countries. Amongst the other, emphasizes were made on research for resource utilisation and environmental protection; increase public knowledge about the environment management and incorporation of environmental impact assessment into procedures for the design of development projects. In 2015, due to population increase and economic development, Zanzibar faced new challenges of adverse environmental and climate change which is a very different scenario from what the 1992 Environmental policy was designed for; thus a need to develop a new policy came in. Based on the mentioned scenario, the new Zanzibar Environmental Policy was developed in order to ensure maintenance of basic ecological processes upon which all productivity and regeneration, on land and in the sea, depend. It further focus on promoting sustainable and rational use of renewable and non renewable natural resources; safeguarding the terrestrial and marine biological diversity, cultural richness and natural beauty of Zanzibar’s lands and ensuring that the quality of life of the people of Zanzibar, present and future, is not harmed by destruction, degradation or pollution of their environment and natural resources utilization. The policy echoes strengthening both institutional mechanisms for protecting the environment and the capabilities of the institution involved in the environmental management and incorporation and adherence to the international obligations on multilateral environmental agreements and treaties that the United Republic of Tanzania (URT) has adopted or signed. However, the policy recognize the importance of effective empowerment and engagement of private sector, NGOs, CBOs and the general public as resource users and potential conservationists in all processes of environmental and natural resource management. Preparation of this RAP is inline with the objectives of this policy. 18 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council 3.1.2 The Zanzibar Vision 2020 and Zanzibar Second Generation of the National Development Framework (ZSGRP) The Zanzibar Vision 2020 articulates the overall development goal for Zanzibar as the eradication of absolute poverty and the attainment of sustainable human development. The Vision’s policy on environment is the conservation and protection of the environment, rational and efficient utilization of natural resources. It is envisaged that sustainable economic development should be accompanied by proper environmental management so that Zanzibar’s natural resources and natural heritage are passed on to future generations. The first and second generation of the national development framework (ZSGRP or MKUZA 1 and 2) are focusing on the reduction of both income and non-income poverty; and ensuring the attainment of sustainable growth. The ZSGRP emphasizes environmental management issues such as sustainable and gender focused environmental management system, reduction of the environmental degradation and waste management (solid, wastewater, hospital and hazardous waste). This RAP is in line with the vision’s goals, and targets. 3.1.3 Zanzibar Disaster Management Policy (2011) The focus of this policy is on disaster risk reduction and livelihoods support. The aim is to develop the required national capacity to coordinate and collaborate on comprehensive disaster management programs among the principal players at all inter-sectoral levels. Issues discussed in the policy include erratic rainfall patterns, food shortages, marine accidents, fire outbreaks, terrestrial and marine degradation, depletion of mangrove forests, and waste management. The proposed System C project is inline with the objectives of this policy. 3.1.4 National Health Policy (2011) The Zanzibar National Health Policy is intended to provide general directions to health sector development in Zanzibar. The main objective of the this policy is to improve health services and social welfare of the people of Zanzibar. The policy highlights increasing population; lack of clean environment, existence of households without proper toilet facilities, pollution of air and water sources, noisy environment; inadequate management of hospital wastes (both solid and liquid); and chemical and e-waste as major constraints to a better health communities in Zanzibar. The proposed Drainage Channel System C is inline with the policy as the project aims at improving community health by combating the problem of flooding and stagnant water caused by rainfalls. 19 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council 3.2 Zanzibar Regulatory Framework Currently, there is no specific “Resettlement Policy and legislation � in Zanzibar; consequently, resettlement programs are guided by various national policies and laws related to land issues including the Land Tenure Act of 1992. These are discussed below. 3.2.1 The Zanzibar Constitution, 1984 The Constitution of Zanzibar presents specific recognition that “Zanzibar is an integral part of the United Republic of Tanzania�. Chapter three of the Constitution on the protection of fundamental rights and individual freedom is the most relevant to the proposed waste management infrastructure project. Article 17 states “No person shall be deprived of his property interest or right in that property except and upon compliance with the following conditions: a) That the acquisition and occupancy of the property is of utmost importance for defense and security of the people health requirement, town planning and any other development in the public interest ; b) That the need to acquire the property in question is absolutely important to the extent that it legalizes its acquisition even if it be to the detriment of its owner; c) That there exists a law in respect of which acquisition or occupation of the property provides for fair and adequate compensation. 3.2.2 Constitution of the United Republic of Tanzania, 1977 The Constitution provides for the rights of citizens to own property and rights for compensation. Article 24 (1) states that “subject to provisions of the relevantlaws of the land, every person is entitled to own property, and has a right to theprotection of his property held in accordance with law�. Article 24 (2) provides that“subject to the provisions of sub article (1) it shall be unlawful for any person to bedeprived of property for the purposes on nationalisation or any other purposeswithout the authority of law which makes provision for fair and adequatecompensation�.Constitutionally, if one's land or land property has to be acquired, the individual affected mustbe fully, fairly and promptly provided with compensation. 3.2.3 The Land Tenure Act No 12, 1992(Amendment, Act No. 15 of 2003) The Land Act sets out legal requirements relating to land and seeks to ensure that existing rights and recognised longstanding occupation or use of land are clarified and secured by the law.This act clarifies various actions regarding land including disputes resolutions by Land Tribunal as stipulated below; Part II gives the Minister powers to administer,control and make dispositions of public land and perform all powers and duties contained in this Act on behalf of the President (section 3).Subject to the provisions of this act; The Minister may control and distribute public land which are under the control of the Government by grants of rights of occupancy andlease. He may also terminate those rights of 20 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council occupancy when appropriate as prescribed by this Act on grounds of national interest. Easements and Compensations: Section 2 states that, easements may be imposed on any parcel of land and building by Order from the appropriate Minister where such action shall be necessary for the public interest e.g. for the establishment of water mains, right of way, electric transmission lines, and telegraph and telephone lines. It also directs indemnities (compensation) to be paid to the persons or communities concerned for the above easements. Compensation should be equal to the fair market value of the land and any improvements made to the parcels in question (section 4). However, Section 63 (1) states that, “No compensation for the fair market value of the land shall be payable by the Government on termination of the right of occupancy�. Therefore, in this RAP we reported the values of unexhausted improvement, land and crops for each affected person, but no compensations on land will be made. Right of ownership of trees: Part IV section 19(1) recognize that trees can be owned and held separately from a right of occupancy in land. The ownership interest in the trees shall be registered in the name of the owner of the interest and included as part of the registration of the land on which the trees are located. Section 22 stipulate that the right to trees in the urban areas shall belong to the Municipality in question if the trees are ornamental and to the Ministry of Agriculture, or its successor ministry, if the trees are economic unless included as a registered right of occupancy. Grievance Resolution: Section 6 require that petitions on land disputes in relation to boundaries, right of use of land, dissatisfaction with compensation etc. to be taken to the Land Tribunal. However, under Section 6B it is an offence (and imposes penalties) for any person to destroy or misuse land by erecting structures or buildings, dumping, digging holes or changing uses of the land, giving out all or part of the grant to other persons contrary to the provisions of this Act. To comply with this act, all provisions will be considered and all affected people whose houses, properties or trees are to be affected by System C project will be compensated accordingly. 3.2.4 The Land Tenure Act, No. 12 of 1992 (Land Allocations Regulations 2008) The Land Allocations Regulations 2008 states the means through which land is allocated and way in which land is certified. According to the Land Allocations Regulations 2008 (40.b), a right of occupancy holder is, in the event of his land being declared as abandoned, eligible for fair compensation for the developments made on the land prior to the date of termination of rights to occupancy and the redistribution of the said portion. 21 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council 3.2.5 The Land Survey Act No. 9 (1990) The Act makes provisions for regulating and making of land surveys and for the registration and conduct of the Surveyors. Section 14(3) of the Act demands that Surveyors give reasonable notice to the owners or occupiers of the land prior to survey activities. Compensations: Part III, Section 15 directs payments of compensation to the owner of any crops or trees cut or damaged in the survey exercise. Also Part 16(2) states that, compensation shall be payable for any damage done to any land by reason of the exercise of the powers contained in subsection (1) of this section i.e. survey activities, enter on and pass over any land whether private or public, causing as little inconvenience to the owner or occupier of such land as is necessary in the execution of his duties. Grievance Resolution: Section 15 states that, if any question arises as to the amount of compensation to be paid, or the right of a claimant to recover compensation, and they have failed to reach agreement (between the Director and all persons concerned); such question should be determined by a Magistrate on application made to him by the Director or any person authorised by him in that behalf, or by any person claiming to be entitled to compensation under the provisions of this section. Also Section 16(3 and 4) of this Act clarifies that, “Where a surveyor is a Government employee, compensation shall be assessed in accordance with the provisions of section 15�; and “Where the surveyor is not a Government employee, any compensation payable shall be subject to agreement between the surveyor and the aggrieved party or parties�. 3.2.6 Zanzibar Environmental Management Act, 2015 The Zanzibar Environmental Management Act (ZEMA) No. 3 of 2015 was enacted to replace the former Environmental Management for Sustainable Development Act of 1996. The Act was established to address the environmental management priorities set in the ZEP, 2013. This Act also establishes Environmental Advisory committee Section 7, and Zanzibar Environmental Management Authority (ZEMA) as a government agency for all environmental aspects (section 14).Amongst the other, the Act gives to every person the general obligations to protect environment as well as right and duty to a clean, safe and a healthy environment. Part IX, Section 39 states that “A person shall not carry out or cause to be carried out; any activity which is likely to have significant impact on the environment and society without Environmental and Social Impact Assessment Certificate issued by the Authority under this Act which shall be carried out before construction phase of any activity following all procedures as specified in this Act.The Act has set criteria for determining activities which require an environmental impact Assessment certificate i.e. all activities which; a) use major amounts of resources, either living or non-living; (b) result in the production of waste which would be in large quantity or hazardousnature; b) modify the environment on a large scale c) influence population shifts in major ways 22 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council d) affect environmentally sensitive areas or e) embody such other characteristics as may prescribed under this In addition to that, the Act requires ESIA to be conducted by experts or firm whose qualifications are prescribed by Regulations made under this Act. This project will conform to all requirements of this actAct taking into account the environmental, socio-economic issues, and resettlement initiatives identified along with requirements for compliance throughout the project’s life cycle. 3.2.7 Labour Relations Act, 2004 The Labor Relations Act, describes for the fundamental labor rights at workplace. It emphasizes establishment of basic employment standards, provision of a framework for collective bargaining, and prevention and settlement of disputes and other labour related matters. Section 5 of the Act prohibits employment of children under the age of fourteen years. A child at the age of 14 year and above may only be employed for light works, which are not likely to cause harm to the child’s health and development, and does not prejudice the child’s attendance at school, participation in vocational orientation or training programmes approved by the competent authority or the child’s capacity to benefit from the instruction received. The act also prohibits employment of a child under the age of eighteen years in any work site where work conditions may be considered hazardous. The construction of the System C project shall ensure that no children under 18 shall be employed. 3.2.8 Zanzibar Local Government Authority Act of 2014 The Act specifies on establishment of the Local Government Authority structures with their jurisdictional areas, powers and functions inorder to promote self governance and enhance the participation of people and communities in maintaining law and order; and promote democratic, transparent and accountability in a local government. It covers all matters related to the social, culture, economic, and environment within the defined boundaries of the local government authorities. In the context of environment, the Act has emphasized on the local powers prevent and control public nuisance and ensure sustainable management of land and natural resources. Section 26 (1) of the Act specifies general functions of the council which include maintenance of environmental sanitation, promotion of tourism and other investment opportunities available in their areas, control environmental pollution and prevent private nuisance. Others include supervising and ensuring measures to combat epidemic diseases; control extraction of stone, sand, wood, and other forms of natural resources, undertake afforestation and urban forestry initiatives, manage, and control and regulatethe use of land as defined and allotted under the land use plan, and deal with cross cutting issues of HIV/AIDS, climate change, disaster management, and population issues. Section 63 (a) provides powers to an authorized officer of local government authority to enter any premise and check if the development has been approved with a permit. Sections 83 and 84 of the Act specify offence under nuisance and unauthorized land use, respectively. The project proponent should comply with all the requirements within the jurisdiction of the local government 23 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council council in terms of land acquisition, necessary public works and permits, environmental clearance, prevention of public and private nuisance, and other activities that require certification and permits, etc. 3.2.9 The Ancient Monuments Preservation Act, 2002 The Act was established to protect and preserve the ancient monuments and antiquityin Zanzibar.The Act refers an antiquity as any movable object which the Minister, by reason of its archaeological or historical associations may think it necessary to protect against injury, removal or dispersion. While a monument is any structure, erection, or memorial, or any tumulus or place of interment, or any cave, rock-sculpture, inscription of monolith, which is of archaeological, historical or artistic interest, or any remains thereof including the site of monument; portion of land adjoining the site of monument (as may be required forfencing or covering in or otherwise preserving such monument); and the means of access to and convenient inspection of monument. Section 4(1) gives powers to The Minister shall establish the Authority to manage and supervise the ancientmoments or antiquity as he deems necessary. Under Section 8(1) allows the Minister to acquire monument or antiquity under the provisions of the Land Acquisition Act for public purposes especially when the protected monument or antiquity is in danger of being destroyed, injured or allowed to fall into decay except for monument which is periodically used for religious observances; orany monument or antiquity which is the subject of a subsisting agreement. Section 11 directs that A place of worship or tomb maintained by an Authority under this Act shall not beused for any purpose inconsistent with its character; and when the Authority has, under section 4 of this Act, purchased or taken a lease of anyprotected monument, or has accepted a gift or bequest thereof, or has accepted the guardianshipthereof, and such monument or any part thereof is periodically used for religious worship orobservances by any community, the Authority shall make due provision for the protection of suchmonument or such part thereof from pollution or desecration. Part III, Section 14 prohibit persons to conduct any research of ancient monuments by way ofexploring, searching on the earth surface, diving or otherwise, and transferobjects or part thereof within the boundary of Zanzibar, without the permit issued by the order ofthe Minister which allows so to do together with other conditions. Also Part V section 21 (1) states that “No person shall be allowed to export out side Zanzibar anything to be translated asantiquity under this Act without written permission of the Authority by the order of the Minister and for the conditions as deem necessary under this Act� Section 25 require that any person who discovery any antiquity, including a researcher who possesses apermit issued under this Act, to give notice to the Authority and to explain the exactly place where he found it and the way he found it, and that person shall surrender that object forthwith to the Authority, if he so required to do. However, no one is allowed to destroys, removes, injures, alters, defaces or imperils a protected monument or antiquity. 24 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council Compensations: Section 27(1) require the Authority by the permission of the Minister to pay compensation to a person who discovered an antiquity under this Act. The compensation to be paid should be equivalent to the value of that object or shall surrender it to the person who discovered it. The value of that object shall be reached by consensus of both parties concerned or otherwise shall be determined by two mediators. Implementation of this project will adhere to all provions of this Act. 3.2.10 The Land Tribunal Act, No. 7, 1994; Amendment Act, No 1 of 2008 Land Tribunal Act establishes the Land Tribunal in Zanzibar to deal with the matters of land disputes. PART III (section 13) specifies that; the Land Tribunal shall have primary jurisdiction over proceedings instituted where parties have conflicting claims to land, including the following issues:- a. Action involving claims to a right of occupancy and/or possession in respect of any Land b. Demarcation of Land which is connected to activities related to the subdivision of parcels and any matter for which demarcation or surveying must be carried out c. the registration of Land; d. partition of holdings in which potential multiple ownership is involved; e. The use, development and capacity of land f. Land valuation and issues involving compensation of land g. Removal from possession or eviction from land h. All other matters relating to land Conciliation: Under section 14 of this act; the parties shall have access to conciliation at any stage of a case and if possible they shall, in collaboration with the Chairman, shorten the trial and deliberations in order to reduce the duration of the process. The Act gives the Minister powers to make Regulations in general to give effect to the purposes and provisions of this Act, and in particular without prejudice to the generality of the foregoing, for prescribing the manner in which the procedure relevant to this Tribunal shall be carried out and for prescribing anything under this Act which may be allowed (section 44). Appeal: Section 35 of Amendment Act, No 1 of 2008 directs that; “any party who is aggrieved by the decision of the Land Tribunals shall have the right to appeal to the High Court and such appeal shall be heard by a judge of the High Court.� As per provisions of this act; all aggrieved parties not satisfied with normal grievance procedures at local and district levels will be directed to file his/her petition to the Land Tribunal. 25 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council 3.2.11 The Valuers Registration Act, 2015 This act destablishes Valuers Board as a Government agency with perpetual succession and a common seal; and capable of acquiring, holding and dispose of movable and immovable property. It also make provisions for Chief Valuer which including his appointment, qualifications, functions, delegation of function and submission of relevant information.Part III (Section 23)sets out the qualifications and process to become a Registered Valuer.Also Part IV section 36 require that valuation activities to be undertaken only by registered valuers and or firms. This RAP has adhered to all provisions of this acts as valuation of affected assets has been carried out by experienced, professional registered valuers. 3.3 Administrative Framework for RAP Implementation There is no single agency responsible for regulating resettlement services in Zanzibarand responsibility for enforcing resettlement issues are spread over a number of sectoral institutions ranging from national (central government ministries),department and agencies, to Local Government Authorities level and sub-project proponent as elaborated below. • Ministry of Finance - Responsible for the overall management of Zanzibar Urban Sector Project (ZUSP) activities, offering overall coordination and technical support to participating institutions i.e. Zanzibar Municipal Council (ZMC) and Stone Town Conservation Development Authority (STCDA) and Department of Urban and Rural Planning (DoURP). ➢ ZUSP - Overall coordination and technical support to participating institutions through Project Management Team (PMT) under the directorate of Policy, Planning and Research in for the implementation of all World Bank supported projects. ➢ ZMC - Takes the primary duty of implementing own sub-projects including environmental and social safeguards, and reporting requirements. ➢ Department of Urban and Rural Planning (DoURP) - is responsible for planning and overseeing implementation of prioritized and approved urban upgrading infrastructure. • Ministry of Land, Housing, Water and Energy - Is the principal ministry responsible for land management and land delivery (planning and processing, allocating and registering land) through departments of the Mommission for Lands and its departments. The ministry is also responsible with environmental management (ZEMA and Department of Environment - DoE); Water management and supply-ZAWA; Electricity supply –ZECO; and Utility regulatory - ZURA. • President Office, Regional Administration, Local Government and Special Departments Responsible for coordination and administration of the connection between different levels of the government i.e. regional administration,district administration and local government;municipal council, town council and village / (shehia) council. 26 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council The detailed information on functions and responsibilities of various institutions including the national, regional and local administrative structures that would be directly involved in the management of project impacts and that may play a role in the implementation of the RAP; is provided in Chapter 13 (RAP implementation section) of this document. 3.4 Applicable International Standards 3.4.1 The World Bank Resettlement Instrument OP 4 .12 World Bank OP 4.12 recognizes that involuntary resettlement under development projects, if unmitigated, can give rise to severe economic, social, and environmental risks. These risks may include; dismantling of production systems; lost of productive assets or income sources are lost thus impoverishment of people; relocation of people to environments where their productive skills may be less applicable and the competition for resources greater; weakened community institutions and social networks; dispersed kin groups; and diminished cultural identity, traditional authority, and the potential for mutual help. The OP4.12 on involuntary resettlement require that: 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. c) Displaced persons should be meaningfully consulted and should have opportunities to participate in planning and implementing resettlement programs. d) 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. WB OP 4.12 on Involuntary Resettlement also requires that all projects involving involuntary taking of landresulting in physical and economic displacement of people to prepare a Resettlement Plan or Resettlement Policy Framework (RPF)to address those impacts regardless of the source of financing (Paragraphs 3, 4 & 6). Compensations: Paragraph 6(a) of this policy require that, measures to be included in the resettlement plan or resettlement policy framework should ensure that affected persons are informed about their options and rights pertaining to resettlement; they are consulted on, offered choices among, and provided with technically and economically feasible resettlement alternatives; and are provided with prompt and effective compensation at full replacement costfor losses of assetsattributable directly to the project Relocation assistance: 27 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council The policy require that if the impacts include physical relocation, the resettlement plan or resettlement policy framework includes measures to ensure that the displaced persons areprovided withrelocation assistance or moving allowances during relocation period; as well as housing, or housing sites, or, as required, agricultural sites for which a combination of productive potential, locational advantages, and other factors is at least equivalent to the advantages of the old site (section 6b). Eligibility The bank policy recognize persons eligible for compensation as those who have formal legal rights to land (including customary and traditional rights recognized under the laws of the country); those who do not have formal legal rights to land at the time the census begins but have a claim to such land or assets--provided that such claims are recognized under the laws of the country or become recognized through a process identified in the resettlement plan and those who have no recognizable legal right or claim to the land they are occupying (paragraph 15). To comply with OP 4.12 prerequisites, RGoZ through the Ministry of Finance (ZUSP) prepared a RPF (RPF for Additional Financing) to cover all ZUSP projects including Drainage Storm Water System C Project. Also, preparation of this RAP has taken into consideration of all requirements as stipulated in this policy. 3.4.2 OP 4 .11 Physical Cultural Resources This policy addresses physical cultural resources,which are defined as movable or immovable objects, sites, structures, groups of structures, and natural features and landscapes that have archaeological, paleontological, historical, architectural, religious, aesthetic, or other cultural significance. Physical cultural resources may be located in urban or rural settings, and may be above or below ground, or under water. Their cultural interest may be at the local, provincial or national level, or within the international community. Objective of this policy is for the bank to assists countries to avoid or mitigate adverse impacts on physical cultural resources fromdevelopment projectsthat it finances as an integral part of the environmental assessment (EA) process.It also need ensure that, the impacts on physical cultural resources resulting from project activities,including mitigating measures, will not contravene either the borrower’s national legislation, or its obligations under relevant international environmental treaties and agreements. Paragraph 5 of this policy elaborate that all project falling under category ‘A’ i.e. those involving significant excavations, demolition, movement of earth, flooding, or other environmental changes should be subjected to the provisions of this policy. At the project area, there is one Archaeological site (graves) and at the Shehia of Mikunguni (about 150meters from the Mikunguni Road). Although it is not legally listed as protected cultural heritage area; requirements of this policy standard shall be observed. 28 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council 3.4.3 Human Rights Considerations The United Nations (UN) norms acknowledge the universality, indivisibility, interdependence and inter- relation of human rights, including the right to development, which entitles everyperson to participate in, contribute to and enjoy in the economic, social, cultural and political development in which human rights and fundamental freedoms can be realised. The protection of basic human rights is primarily the responsibility of the state. However, interms of international best practice, private companies are increasingly required to uphold andpromote basic human rights. The UN Global Compact initiative challenges business toembrace and enact basic principles with respect to human rights. The UN ‘Protect, Respectand Remedy Framework for Business and Human Rights’ (2010) underlines the corporateresponsibility to protect human rights, address adverse impacts and provide greater accessby victims (‘effective remedy’). On the other hand, the IFC PSs provide further insight into how initiatives like Global Compact can improve thehuman rights performance of project sponsors. The IFC Good Practice Note on the Design ofGrievance Mechanisms (Guidance Note 7 of 2009), establishes that credible and effectivegrievance mechanisms are part of a broader framework for developers to address humanrights issues in their project implementations and operations. The IFC PSs furthermore require that the dignity,human rights and welfare of communities affected by development projects are protected. 3.5 Gap Analysis between Tanzanian and WB OP. 4.12 Requirements The key gaps between the national legislation of Zanzibar and International standards relevant for this Project are summarised below and detailed in Table 2. This RAP (including the entitlements matrix and eligibility criteria) contains measures to address these gaps through which ZUSP will meet all the World Bank requirements: 29 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council Table 3: Comparison of Tanzania Laws and WB OP. 4.12 Regarding Involuntary Resettlement World Bank Standards Proposed approach to address gap / Subject (OP 4.12) National Legislation comments Impacts OP 4.12 identifies physical and The Land Tenure and the Land Survey Acts also The Project aims to avoid, minimise and economic displacement as the recognise the impacts of land acquisitions i.e. loss mitigate all the impacts identified in OP 4.12, major impact which leads to of title to land, loss of productive land, the loss of including those not covered in national main social risks of lost of dwellings, loss of assets, the loss of capital or any legislation such as: restrictions of access to productive assets or income other expenses incurred during the development of common property and social services, social sources thus impoverishment of the said land and loss of income sources or other displacement, livelihood impacts and impacts people; weakened community means of livelihood. on host communities. institutions and social networks; Also, feasible alternative Project designs to competition for resources; and avoid or minimise physical and / or economic diminished cultural identity, displacement, while balancing traditional authority, and the environmental, social and financial costs and potential for mutual help. benefits, will be considered. Categories of The WB OP 4.12 paragraph 15 Land Tenure Act,section 7describes legitimate National law covers the first two OP 4.12 affected persons refers to 3 categories of affected owners of land as those categories, but does not cover (c) “persons persons in terms of land and who have no recognizable legal right or claim • Persons in possession of the land under formal asset rights i.e. to the land or assets they occupy or use�. legal rights (Right of Occupancy) through; a) Persons with formal legal The majority of households in the Project a) a grant from the Minister (through urban rights to the land or assets area would fall into OP 4.12 category (b) of and agricultural grants); they occupy or use “no formal legal rights to land or assets, but b) recognition of a rightful interest following (including customary and do have a claim to land that is recognized or anadjudication carried out under the Land traditional rights recognized recognizable under national law�. There are, Adjudication Act and subsequent under the laws of the however, some persons in category (c) with registration under the Registered Land Act; country); no recognisable legal right to the land they c) inheritance of a lawful registered interest; occupy. 30 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council World Bank Standards Proposed approach to address gap / Subject (OP 4.12) National Legislation comments d) purchase of a lawful registered interest; or b) Persons with no formal legal The national legislation does not provide e) gift of a registered interest from a bona fide rights to land or assets, but clear guidance on how tenants who have a holder of a right of occupancy. do have a claim to land that claim on land but without possession of is recognized or recognizable • those who leases public land which does not proof for any right of occupancy should be under national law; comprise a right of occupancy to any person dealt with; and does not provide for fromthe Minister compensation for third party interests, e.g. c) Persons who have no tenants. recognizable legal right or claim to the land or assets This RAP aim to avoid, minimise and mitigate they occupy or use. the impacts on all three categories as per OP 4.12– therefore the Project will pay compensation to all affected persons but tenants will be taken care bt their landlords. Preparation of OP 4.12(Paragraph 3-6) requires RGoZ law does not include specific requirements for resettlement the preparation of a the preparation of resettlement action plans or The Project has prepared a RAP– this plan documents Resettlement Action Plan (RAP) livelihood restoration plans. document in line with OP 4.12 to address - RAP in the case of physical and economic displacement impacts, involuntaryresettlement to including compensation, resettlement and address displacement impacts livelihood restoration programs. regardless of the source of financing. Socio-Economic Requires socio-economic surveys RGoZ and URT law does not set requirements for In This RAP, the project has implemented Surveys of affected persons. socio-economic surveys of affected persons. socio-economic surveys of affected persons in line with OP 4.12. Disclosure, OP 4.12 require that displaced Provide for notification and consultation of the parties The Project will adopt approaches to meet Consultation persons to be consulted and with an interest in a targeted piece of land. ZEMA, both the national requirements and the OP 31 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council World Bank Standards Proposed approach to address gap / Subject (OP 4.12) National Legislation comments and fully informed about their 2015require that all key stakeholders to be informed 4.12 requirements on disclosure of Participation options and rights pertaining to and consulted as an intergral part of ESIA. information, consultation and informed feasible resettlement options, participation. ZUSP have prepared planning and livelihood stakeholders consultation plan together with restoration measures. establishment of resettlement committee. Vacant or Does not limit eligibility if the Under the Land Tenure Act section 63(1),no The Project will limit eligibility to ‘inadequately land is vacant, unused or compensation for the fair market value of the land compensation in comformity with Land developed’ land undeveloped. shall be payable by the Government on termination Tenure Act i.e.compensation shall be paid for of the right of occupancy under this Part. unexhausted improvements on the land with the value determined at the time of Also, under subsection 2,compensation shall be valuation. provided for unexhausted improvements on the land with the value determined at the time of the order of termination. However, section 64 a (relinquishment of possession);require that an assessment of the value of the property to consider unexhausted improvements and, if appropriate, the land. Valuation of Requires that the rate of The Land Tenure Act (1992) states that The Project will value land and assets at assets and compensation for lost assets compensation should be based on fair market value replacement cost to conform with OP 4.12, Compensation should be calculated at full of the land and any improvements made to the and in so doing meet or exceed the market rates replacement cost, (i.e., the parcels in question (section 4). value (which would be lower if the asset has market value of the assets, plus been subject to depreciation) and ensure The Land Survey Act No. 9 (1990), Section 15 directs transaction costs and not compliance with the Zanzibar legislation. payments of compensation to the owner of any crops including asset depreciation). or trees cut or damaged in the survey exercise. 32 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council World Bank Standards Proposed approach to address gap / Subject (OP 4.12) National Legislation comments Allowances OP 4.12 requires moving National legislation also require that compensation The Project will meet OP 4.12 and Zanzibar allowances to be provided to for loss of land or building to include the value of legislative requirements by providing displaced persons in addition to unexhausted improvement, disturbance allowance, disturbance allowance, transport allowance, compensation transport allowance, accommodation allowance and accommodation allowance and loss of profits loss of profits. in addition to compensation. Resettlement Resettlement assistance may Resettlement assistance only include allowances All PAPs will be provided with assistance consist of land, other assets, accompanied by replacement cost/market value of accommodation, transport and disturbance cash, employment, and so on, the affected property such as accommodation, allowances as resettlement assistance. as appropriate. transport and disturbance allowances. Cut-off date for OP 4.12 paragraph 22 defines The cut -off date is referred as the date at which In line with OP 4.12 guidance, the Project eligibility cut-off date as the date the the property identification and valuation exercise will use the date of the commencement of which census begins or the date ended. Any person who ncroaches on the identified the valuation processes. on which the project area was area of impact after valuation date is not entitled to delineated, prior to the census, compensation or any resettlement assistance. provided that there has been an effective public dissemination of information on the area delineated. Eligibility and Displaced persons may be • Persons in possession of the land under formal ZUSP will pay compensations to all affected classified in one of the following legal rights (Right of Occupancy) through; persons including those with no formal legal entitlements three groups: rights to land so long there is a proof of f) a grant from the Minister (through urban developments that have been made to that (a) Those who have formal legal and agricultural grants); land. rights to land (including g) recognition of a rightful interest following customary and traditional an adjudication carried out under the Land rights recognized under the Adjudication Act and subsequent laws of the country); registration under the Registered Land Act; 33 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council World Bank Standards Proposed approach to address gap / Subject (OP 4.12) National Legislation comments (b) those who do not have formal h) inheritance of a lawful registered interest; legal rights to land at the time i) purchase of a lawful registered interest; or the census begins but have a j) gift of a registered interest from a bona fide claim to such land or assets-- holder of a right of occupancy. provided that such claims are Users, tenants and Encroachers are not recognized recognized under the laws of being entitled to compensations thus are not the country or become covered. Squatters may be paid compensation by recognized through a process decision of the government. identified in the resettlement plan; and National laws make no differentiation between (c) Those who have no owners of permanent and nonpermanent buildings. recognizable legal right or As long as ownership can be proved compensation claim to the land they are is payable. occupying. Law does not explicitly provide for relocation and resettlement. However, assistance is sometimes provided, while alternative land may be awarded in a discretionary manner. Encroachers Persons who encroach on the Persons who encroach on the identifiedarea after Those who encroaches the area after cut- off after Cut-off area after the cut-off date are valuation date are not entitled to compensation or date will not be compensated. date not entitled to compensation or any form of resettlement assistance. any other form of resettlement Encroachers will have to demolish their assets assistance (paragraph16) without any compensation, if refuse the authority concerned will demolish at their cost. It is strictly prohibited to especially to build a house or to plant permanent trees and crops within the unauthorized areas. 34 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council World Bank Standards Proposed approach to address gap / Subject (OP 4.12) National Legislation comments Forms of Compensation for lost assets Prompt and fair compensated is paid based on only Affected assets will be compensated in Compensations can be monetary, in-kind or monetary to replace the lost asset. monetary form only as per their entitlement both but to PAPs whose packages. livelihood is land-based it is more preferred to provide them compensation in kind i.e. land to land. Timing of Compensation for lost land and Also require compensation for lost land and assets The Project will meet OP 4.12 requirements compensation assets should be paid prior to to be paid prior to the taking possession of land or and national legislation as compensationswill payments the taking possession of land or assets. be paid prior to land take over. assets and where possible people should have been resettled at their new sites and moving allowances paid to them. Absentee In case of absentee owner, The ZUSP and local leadershehas) must take all RAP will consider those situations by property effort should be made to contact necessary effort to contact the land owner or the preparing supplementary valuation report owner/Unknown the owner and negotiate with representative during the asset Valuation. Local once the real or ubsentee property owners owner them on the terms and type and government leaders will represent the interest of show up for the asset survey. of compensation. For unknown the unknown owner and the payments will be owners, sufficient funds to cover retained while effort is taken to find the owner. the future payments should be reserved. Grievance Requires affordable and National legislation such as the Land Tenure Act The Project is implementing grievance Redress accessible procedures for third- (1992), and Land Tribunal Act (1994), set out mechanisms in line with OP 4.12, including /mechanism party settlement of disputes requirements and authority for dispute resolution. the involvement of community 35 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council World Bank Standards Proposed approach to address gap / Subject (OP 4.12) National Legislation comments arising from resettlement; such These laws set out the dispute resolution structure representatives and the RWC in monitoring grievance mechanisms should starting from the local level to the highest courts of and helping to resolve grievances. Grievance take into account the availability law in Zanzibar. The law does not however set books/forms shall be available at ZUSP office of judicial recourse and requirements for establishment of grievance to give the community a venue for community and traditional mechanisms specific for resettlement cases among submitting grievances. The Project will also dispute settlement mechanisms. affected households. be supportive of persons making use of dispute resolution measures identified in law, and raise awareness amongst affected communities of these legal rights for dispute resolution. Resettlement Require that RAP should also National legislation does not specifically require the The Project will provide resettlement sites for Sites offer displaced persons choices provision of replacement land or resettlement site. comminty infrastructures only. Consultations among feasible resettlement Only monetary compensation�is considered. with responsible authorities shall be made to options taking into however, RAP implementers may consider to select the best option. consideration production acquire land for relocating affected people and for potentials, locational advantages replacement of community assets. and other factors which should be at least comparable to those of the old sites. Livelihood OP4.12 requires displaced No requirement for livelihood restoration beyond National requirements on livelihood restoration persons to be assisted in their fair compensation, improvement of unexhausted restoration will be adopted i.e. payment of efforts to improve their development which may also include allowance for compensation for loss of assets, allowances livelihoods and standards of loss of accommodation or loss of profit, transport and other relocation assistance to living or at least to restore them, and disturbance allowances to help PAP improve restore/improve livelihoods. in real terms, to pre- their livelihoods. displacement levels or to levels prevailing prior to the beginning 36 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council World Bank Standards Proposed approach to address gap / Subject (OP 4.12) National Legislation comments of project implementation, whichever is higher. Vulnerable Particular attention to paid to The national law makes no provisions on special Preparation of this RAP made sure that groups the needs of vulnerable groups assistance for vulnerable groups during the vulnerable groups were involved in the among relocation process. process and discussions and their views are represented and that special attention is paid those displaced, especially those to meeting their needs and ensuring that below the poverty line, the their assets are fairly compensated and landless, the elderly, women livelihoods improved / restored. and children, indigenous peoples,ethnic minorities, or other displaced persons who may not be protected through national land compensation legislation. Monitoring and OP4.12 sets requirements for Local legislation does not have specific monitoring RAP will include a monitoring framework to Evaluation monitoring and evaluate and evaluation requirements on for assessing the assess and evaluate implementation and resettlement activities by the RAP implementation process and restoration of completeness of compensation, resettlement, implementing agency, livelihoods of PAPs. and livelihood restoration. Corrective actions supplemented by independent will be taken if the monitoring identifies any monitors as considered deficiencies. appropriate. 37 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council 4 SOCIO-ECONOMIC BASELINE PROFILE OF THE PROJECT AREA The System C project is located in Zanzibar isles (Unguja) under two districts/municipalities of Zanzibar Urban Municipal Council and Zanzibar Urban West B municipal council in Urban West Region. Zanzibar Urban Municipality is the capital of Zanzibar archipelago and it is also the economic, political and cultural center of the Islands as well as the administrative headquarters of the Government. Being the national capital it plays a major role in trade and tourism, which together with clove contribute to a major portion in the GDP. Also it serves as the gateway to East Africa . 4.1 General Background to the Area Climate: Like any other areas of Zanzibar, System C project area has a tropical climate, with an average temperature of 26.9°C (78°F) and monthly average temperatures is between 25.1 - 28.8°C (77°F - 84°F). The annual rainfalls ranges between 1,500 mm to 2,000 mm. There are two rain seasons, with most rainfall coming between March and May and smaller rain season coming between November and December. Drier months are January - February, and a longer drier season between June to October. The period from November to March is relatively hot and humid with maximum temperatures exceeding 30° centigrade (the northeast monsoon) and the coldest month is July at 24°C (75.2°F). Vegetation In the System C project area, the natural vegetation have been cleared and replaced by secondary vegetation cover i.e. planted trees such as coconut trees, mango trees, Terminaliaalmond (“Mikungu�),“Miti ulaya� and many more. Natural Resources There is no wildife resource in the local Sytem C project area as it is located in the city with major ecological transformations. Only domesticated animals such as goats, chicken, ducks and very few cows are found in the area. Population According to the 2012 Tanzania National Population and Housing Census (PHC), the project area had a total population of 115,598 people (54,834 males and 60,764 females). The average household size was 5.3 members. And the population density of 81 Persons per hactares. Based on annual growth rate of 4.2% (4855 peole); the population of the project area in 2017 is projected to be 139,873 people as presented in table 3 below. 38 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council Table 4:Population of System C Project Area as per 2012 TNPHC and Their Projection to Year 2017 Population (Number) Household Sex Ratio Total Male Female Average Ward/Shehia Size 2012 2017 2012 2017 2012 2017 S/No. 115,598 139874 54,834 66349 60,764 73524 5.3 90 1 Makadara 5,048 6108 2,342 2834 2,706 3274 5.3 87 2 Shaurimoyo 8,335 10085 3,927 4752 4,408 5334 5.5 89 3 Kilimahewa Juu 4,714 5704 2,341 2833 2,373 2871 5.4 99 4 Amani 6,156 7449 2,880 3485 3,276 3964 5.1 88 5 Nyerere 9,657 11685 4,618 5588 5,039 6097 5.4 92 6 Sebleni 5,102 6173 2,450 2965 2,652 3209 5.7 92 7 Magomeni 6,165 7460 2,906 3516 3,259 3943 5.4 89 8 Kwaalimsha 3,479 4210 1,630 1972 1,849 2237 5.1 88 9 Mikunguni 2,984 3611 1,361 1647 1,623 1964 5.1 84 10 Mkele 7,140 8639 3,394 4107 3,746 4533 5.2 91 11 Muungano 5,304 6418 2,492 3015 2,812 3403 5.1 89 12 Sogea 4,801 5809 2,295 2777 2,506 3032 4.9 92 Kilimahewa 13 5,116 6190 2,390 2892 2,726 3298 5.2 88 Bondeni 14 Kwa Wazee 6,454 7809 3,063 3706 3,391 4103 5.3 90 15 Mwanakwerekwe 20,215 24460 9,530 11531 10,685 12929 5.4 89 16 Magogoni A 14,928 18063 7,215 8730 7,713 9333 5.7 94 Note: There are new Sheahias (Mitiulaya, Kwa Mtumwajeni, Mapinduzi and Jitimai) that didn’t exist during 2012 TNPHC. 39 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council 4.2 Results of Socio-Economic Surveys 4.2.1 Selection of Household Survey Sample As explained earlier in section 3, a population sample was used to represent the population in order to avoid wastage of time and resources.In selecting survey sample; various factors were considered i.e. confidence level and margin of error or confidence interval. Confidence level is the level of certainty to which an estimate (survey sample) can be trusted. This usually lies between 90-99% whereby the larger the sample, higher the confidence level and the lower margin of error. On the other hand, margin of error (confidence intervals) is the positive and negative deviation to be allowed in the survey results for the sample (deviation between the opinion of survey sample and the opinion of the entire population). This usually ranges between 1 to 5% (±). Based on the above factors; survey sample for System C project was selected using purposive sampling method targeting only households affected by the resettlement at a confidence level of 99%, in order to limit the margin of error to ±1%. Therefore, sample size for socio-economic survey for the PAPs of System C project was 235 households. Among these, 198 are from 8 shehias affected by resettlement while the remaining 38 from 11 shehias that will not be affected by resettlement but the drinage channel will pass over. Therefore, coverage of socio-economic survey in the resettlement affected shehias is 100%. 4.2.2 Population and Demographics Total population of the households involved in the socio-economic surveys is 1587 people (805 female and 702 males). In general terms, the population in the Project area is young, ethnically diverse, mobile and with relatively modarate employable skills. The large population belong to the admixture of Shirazia and Tumbatu tribes (83%) followed by other tribes originating from Tanzania Mainland i.e. Makonde, Makua, Zaramo, Nyamwezi, Nyakyusa, Mwera, etc. (13%). Arabs occupies 3% while Ngazija people is only 1%. None of the ethnic groups regarded as indigenous peoples of Tanzania (these being the Akie, Hadzabe, Barabaig and Maasai) were recorded during the socio-economic survey. The gender ratio among the surveyed households is almost equal (49.3% men:50.7% women), while 57.4% of the population in the affected households is under the age of 25. 40 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council Gender Ratio Among the Surveyed Households in the Project Affected Area Male Female Female 49% 51% Male Figure 3: Gender Ratio among the Surveyed Households Age Structure Among the Affected Population (%) 30 25 26.7 24.5 20 19.5 15 13.4 12.6 10 5 3.3 0 0-5 6–14 15-24 25-44 45-64 65+ Figure 4: Age Structure Among the Affected Population More than 70% of households in the affected population are headed by men.However, wives occupies a more dominant position in the household than their husbands in all issues related to their children and household well being. Many female household heads are those including widows, single mothers and those divorced by their husbands. The divorce rate is minimal (3%) whereby usually children remain with their mothers.Unmarried people seems to occupy the large percentage (62%) because more than 50% 41 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council of the population in the surveyed households were below 25years old thus most of them are still at schooling age. Marital Status 3% 0% 3% 2% Choose not to answer Unmarried 30% Married Divorced 62% Widowed Separated Figure 5: Marital Status in the Affected Population Migration Characteristics The Project area does not appear to be characterized by a serious population migrationor influx issues.About 81.8% of the area’s population has been living in the area for an average period of six to more than ten years. Very few people (3.3%) have been living in their current locationin less a year. Migration Characteristics 80 70 60 50 40 30 20 10 0 <1 year 1-5 years 6-10 years >10 years Series1 3.3 14.9 13.2 68.6 Figure 6: Migration Characteristics of the Affected population 42 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council Family Size Average household size among the surveyed population is between 4 and 6 members. However, there is some variation in household sizes, with some households having up to 17 members. The average couples have between 2 and 4 children living with them in the household. While this number does not include children, who may have left the household to start their own families or working somewhere outside the shehia. This suggests that couples in the project area generally have relatively large families. Figure 7: Family Size Among the Project Affected Households 4.2.3 Governance The existing local government structure in Zanzibar including the project area, is based on Decentralization and Local Government (District and Urban) Authorities Act of 1986 (as amended from time to time) and the Regional administration Authority Act (1998 No. 10). Governance at shehia level is such that the power in decision-making is decentralized from the central government (The President Office, Regional Administration, Local Government and Special Department) to the local government. The ministry is responsible for coordination and administration of the connection between different tiers of the government i.e. Regional andDistrict administration; and Local government as well as Municipal Council, Town Council and Shehia / Village Council. Regional administration is responsible in coordinating all development activities in their respective areas and supervision of the implementation of government policy and formulating plans for the area and mobilization of the local communities under the leadership of RC assisted by a Regional Administrative Officer (RAO) and Regional Development Committee (RDC). On the other hand, district administration has the functions of coordinating development activities at the district level. Each District has a District Commissioner (DC) assisted by a District Administrative Officer (DAO) and District Development Committee (DDC). The District Councils have an element of local democratic choice, but have no financial powers and no infrastructure to enable them to function effectively. 43 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council 4.2.4 Local Administrative Structures In the project area, the local administrative structure is highly influenced by government administration systems whereby there is Urban Council which includes Municipal or Town Councils which are subdivided into Wards and further subdivided into (urban) Shehia Council is the lowest level in the system i.e. a defined administrative and political unit in urban or rural areas.Each Shehia has an advisory committee of not less than 12 members, (one third should be 60 years old or above); and other committees on different issues. A Shehia is led by Sheha who is theChief Government Officer in the Shehia appointed by the DC.The Sheha reports directly to the DC and is responsible for all matters in the communities including implementation of Government laws, orders, policies and directives, for maintenance of law and order; coordination of public meetings; Initiation and mobilization of local development projects; keeping records of his/her residents and resolution of social and family disputes. 4.2.5 Land Tenure and Land Use Land in the RAP Area and the surrounding areas is largely under customary ownership. Land use and tenure is normally overseen by the RGoZ through the Ministry of Land, Housing, Water and Energy. Within the customary land tenure system, land is held privately by individual households or families while other urban lands such as parks/ reserved forestsare owned communally under ZMC. At the project area, 155 customary land owners were identified in the 8 affected shehias; of which 86 are from Urban West district and 69 from Urban West B district. Among these some resident outside the RAP Area mainly from neighboring shehias and towns of Pemba and Dar es Salaam region but have land/properties within the RAP Area. During the socio-economic survey, a large number of interviewed households indicated that they have access to land. The size and number of plots per household varies considerably (some households own up to four plots) but the majorities have only one land parcel. The common land use within the System C project area is categorized as residential and commercial though to a large extent is a mixture of both. This situation is largely influenced by history and culture of Zanzibaris specifically in Unguja whereby a single building is used for residential and commercial purposes. 4.2.6 Livelihoods The communities within the project area predominantly have land-based livelihoods and are heavily dependent on small and medium trading activities and the communal resources within the area such as markets. Verandah petty businesses is also very common in the area whereby food stuffs are the mostly sold items. In the project area there is no designated agricultural land, therefore urban agriculture is mainly practiced along the natural drainagecourse and around the houses in a very small scale mostly growing vegetables coconut trees and banana trees. 44 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council The livelihoods that will be affected by resettlement include 11 commercial structures, 6 verrandah businesses/shops, 1 vegetable gardens, and 1 carpentry workshop. All these livelihoods shall be restored through; • Compensation for asset value. All assets lost/affected will be compensated by the project. The compensation will cover the individual land lost, residential structures, unfinished structures, permanent crops/trees and seasonal crops. • Allowances for Loss of accommodation / loss of profit. PAPs loosing residential houses or business premises will receive accommodation allowances lasting 36 months to enable pay rent while re- establishing/building their new houses. Also PAPs whose business will be disrupted will be entitled to loss of profit allowance. • Assist PAPs in getting alternative location for farming household to re-establish their lost vegetable garden. • Vacation notice. Vacating the land will be preceded by Notice issued during compensation: 6 months before date of vacation. Between notice - vacation date, PAPs will be allowed to take items that can be removed from existing structures: iron sheets, windows, doors, bricks etc. • Accessibility of Jobs during Infrastructure Construction. During the construction works, the project team (Environmental / Sanitation Engineers) and the RAP team will ensure that the contractor gives the PAPs first priority during job allocation at the site. Such activities include those involving manual labor i.e. clearance of vegetation, carrying construction material inputs from stockpiles to construction sites, security etc. • Supply of construction materials and service provision by PAPs / community. The Contractor will be encouraged to accept quality construction materials (i.e. stones, gravel, sand, fill materials etc.) supplied by PAPs and community members. Other services include supply of water, disposal of construction wastes at approved sites, provision of catering (food and refreshments) by local vendors preferably among the PAPs etc. • Provide for free recyclable and reusable materials from construction activities. Construction outputs such as cut trees and other usable cleared vegetation should be given free to PAPs. Similarly at demobilization stage or the left over and excess unused materials should be provided free to PAPs including the waste pickers. • Provide assistance to the vulnerable groups. The kind of support these people will require will be specified according to their loss whereby for those who will lose their residential housing structures (5 widows, 2 disabled, 3 long sickness) and 2 female head of households) will need to be assisted in construction of new houses /affected rooms. For those who will lose other important house structures (1 single mother, 2 elderly, 3 widows and 1 long sickness) will need to be assisted in construction of new house facilities e.g. walls, ceptic tanks and foundations. 45 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council 4.2.7 Household Incomes and Expenditures Approximately 90% of surveyed households have some form of cash income. About 5.2% of population in the working age is not working thus does not have a regular monetary income.rely mostly on non- cash-based livelihoods such as aids and remittances. Major reasons for not working include elderly (1.4%), illness (0.6%), bodily handicapped (0.1%), not allowed to work especially women (0.1%). The average household monthly income is between Tzs 10,000 and 100,000; while 6.4% have an average monthly income below TZS 10,000.00.There is no a significant disparity in income between male-headed and female-headed households. The most common forms of household expenditure are food; water;lighting and cookingenergy (electricity,charcoaland kerosene); clothing and footwears;personal hygiene items;health and medical care;education expenses, transport and communication; and remittances. Average Household Monthly Income (TZS) Tzs1,000,000+ Tzs600,000-Tzs1,000,000 Tzs200,000-500,000 Tzs10,000-100,000 Less than Tzs10,000 Refused to say 0 10 20 30 40 50 60 70 80 Figure 8: Average Household Monthly Income 46 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council 4.2.8 Housing Condition and Facilities Information on housing and structures were also collected as part of the asset survey. Information on the type of structures and building material used that are found in the proposed project area is detailed in asset valuation summary. Many households have dwellings comprise several structures occupied for varying lengths of time. The most common construction material is cement block walls (not mortared), with corrugated iron sheet roofs,cement floors, wooden doors and windows made of wiremesh buttoned on timber frames. Number of rooms ranges between three to six some being located in the backyard (disconnected form the main house). It is apparent that most houses have capped foundations while some have a second level foundation on them to avoid and protect them from flood damage. In some places houses have been severely damaged by frequent flooding thus have been abandoned by the owners. Most houses have a separate kitchen at the backyard, and some uses a porch/corridor area for cooking and preparing meals. Very a few households have separate washing or shower facilities. Figure 9 : Types of houses found in the project area 4.1.9 Household Sanitation Facilities The common sanitation facilities among the affected households is traditionalpit latrines and modern pit latrines (those furnished with western type toilet sink).These toilets usually overflows during heavy rainfall due to the rise of water-table causing strong odours and spillage of human waste into the surrounding environment, including water courses.Also there is asignificant number of houses uses flush /western type of toilets with septic tanksemptied regularly by municipality.The sizes of septic tanks varies from 1.5x2x3m to 2x2x5m.Houses also have separate bathrooms with waster waters discharged directly to a natural course or storm water drainage systems. 4.1.10 Waste management 47 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council In the project area, household solid waste is managed through dumping in skip bins (collection points) located in various areas within the shehia or nearby shehias before carried away by Municipal trucks for disposal to a designated dumping sites. In some shehias like Kwa Wazee and Nyerere apart from skip bins, solid waste is also disposed in pits resulted from illegal sand mining and in the natural drainage course. In all above mentioned areas, it is usual for waste to spread far and wide because of poor management of refuse in these collection points. Plastic and baby diapers are usually noticeable scattered in the area and in the drainage channels creating blockades as the materials are impermeable and aggravates local flooding. On the other hand, liquid waste is managed through septic tanks then emptied regularly by municipal waste water trucks. During site visit it was noticed that, a large population in the area manage their waste waters through direct discharge to the natural water courses, storm water drainage channels and surrounding environment via small pipes protruding outside their houses. Figure 10: Solid Waste Management at Kwa Wazee and Jitimai 4.1.11 Public and Community Services i. Nursery and Primary Schools The total number of schools in the project affected shehias are 45 (nursery 28 and primary 17) which is 39.5% of all nursery and primary schools in Zanzibar town (114). More than 60% of these schools are government owned while in the project area is 51%. About 7 shehias don’t have either nursery or primary school.There is only one vocational training centre owned by government, located at Makadara.In all affected shehias, no high school, or university college; they depend on the State University of Zanzibar – SUZA for higher education. 48 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council ii. Secondary Schools There are 9 government secondary schools which area not adequate when compared to the population of the area as some of the shehias don’t have them e.g. Magogoni A, Makadara, Mkele,Kilimahewa Bondeni, Amani, Kwa Mtumwajeni, Nyerere, Sogea, Sebleni, Kwalimsha and Shaurimoyo. The school faces a lot of challenges including large number of students per classroom alsomany infrastructures are worn out. Table 5: Number of Schools in the Project Affected Shehias School Nursery Primary Secondary Vocational College/Unive Center rsity Ownership Governm Private Govern Private Govern Private Govern Private Govern Privat ent ment ment ment ment e Total 10 18 13 4 9 - 1 - - - Literacy Rate In the project area, literacy rate is relatively high (61.4%). A significant number of children (33.4%) in the enumerated households were attending school were attending schools in different levels at the time of the socio-economic survey. Among those completed primary education; 23.4% didn’t knew how to read or write while 15.2% were able to read only. About 13.4% completed ordinary level secondary education while 0.9% attained an A’ level secondary education. 0.7% got a specialized training certificate, 2.8 had a diploma certificate and 2.5% attained a university undergraduate degree. Among adults between the ages of who do not know how to read or write only 12.64% took an initiative to join literacy program that involve learning to read and write. 49 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council Literacy Rate 24% Not able to read or write Able to read only 61% 15% Able to read and write Figure 11 : Literacy Rate Among Those Completed Primary Education Health Services Project area has are about 11 dispensaries( owned by the government and 3 privately) located in five shehias out of ninenteen. Types of diseases affecting people around the area include; Fever (Malaria), abdominal pains (Typhoid), Cholera, Schistosomiasis. Very few respondents reported to be HIV positive. The existing dispensaries faces a number of problems such as; lack of medicines, shortage of health workers in relation to a number of patients. The effort has been made by the government to improve the situation by inviting expatriates and volunteers in medical sector. Figure 12 : New Assaa-Kheir Dispensary that will be affected by the project at Muungano Health condition among the affected households is good. During household surveys, 90.5% of respondents didn’t get sick or injured in a period of one month. For those who got sick, were mainly suffering from malaria (25%), followed by respiratory system diseases (17.8%) and diarrhea by 16%. 50 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council Consequently, about 1.6% of the total population involved in household surveys had a particular form of body disability commonly being mobility (1.4%). C o m m o n D i s e a s e s a m o n g t h e A f fe c te d Po p u l at i o n Other Accidents Pregnancy related Diabetic Hypertension Ulcers UTI Skin infection Water borne diseases Respiratory Diarrhea Malaria 0 5 10 15 20 25 30 Figure 13 : Common Diseases in the Project Area iii. Water Services Zanzibar including project affected shehias, is largely dependent in underground water sources the main sources being, Mto Pepo springs. Therefore, water for domestic purposes is mostly obtained from public water supply systems provided by ZAWA (82.6%). Also there are private wellsdrilled by individual households serving 3.8% of the project affected population; as well as public boreholes made by members of Parliament and members of Zanzibar house of representatives which serves 9.7%. These wells are available in most shehias in the project area though are not sufficient. The remaining percent get water from other sources such as supplied by trucks and surface waters. iv. Energy Many households in the affected Shehias are connected to the national electricity grid. The most common sources of energy for lighting is electricity ((85.2%); while for cooking isfirewood (30.9%); followed by charcoal (28.4%) and very few households (2.1%) uses Liquified Petroleum Gas (LPG). During household interviews, many households admitted that there is no problem in electricity supply in Unguja especially after the installation of undersea cables. v. Road infrastructures Urban and West B districts are well connected with tarmac road networks. The current road network is sufficient to support current traffic volumes, but with the given population and motorization growth rates .However it is not adequately support the Non motarized and Public transport. All affected Shehias have access to public transport in the town’s main roads. However, there are very few street roads that can 51 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council be accessed by car because of unplanned type of settlement as a result walking has become the most dominant mode of transport in Zanzibar Town accounting for 42% of all daily trips. vi. Security System There is only one police stationsat the project area i.e. Ng’ambo Police Station located in the shehia of Mitiulaya (Urban District).In Urban West, they depend on Sokoni Police station in the shehia of Sokoni. vii. Poverty and vulnerability Due to the nature of livelihoods; many households in the project area experience poverty, and would thus be very vulnerable to external shocks or impacts (such as displacement by the Project), that would compromise their ability to meet their basic socio-economic needs. An important indicator of poverty and vulnerability is food security (number of meals a day). Many of the households (17.9%) leave subsistence life affording only one to two meals a day. A second indicator of poverty and vulnerability is the types of problems and needs reported by community members. The problems identified by respondents indicate that the lack of public services / infrastructures rank high among the perceived causes of households’ economic difficulties. These infrastructures include; water, health care, and access to markets. Social problems like drug abuse rank quite moderate while violence and alcohol abuse rank quite lower on the scale. A third indicator is the availability of social support networks and/or organizations that render assistance to households members who are experiencing difficulties. The findings of the socio-economic survey indicate that a significant number of affected households do not have any working-age (between 18 and 65) members; they rely on extended family networks i.e.family members and other relatives in the same locality who support them occasionally. Reliance on these relatives includes taking care of elderly, orphans and /or sick people. TASAF has initiated support program to the very poor households by providing some cash (Tzs 20,000-44,000/=) on monthly basis for food and other needs for school children. A fourth indicator of poverty and vulnerability is ownership of moveable assets. More affluent households tend to have more of such assets than poorer ones. There are some households in the project area who lack even basic assets such as furniture, bicycles, radios and mobile phones. Only a very small percentage of households own mechanized means of transport mainly motor cycles. A fifth indicator of vulnerability is physical or mental disability. During the survey, 1.6% of household members were reported to have some form of disability. The most common type of disability is mobility impairment (1.4%), followed by hearing and speaking impairments occupying o.1% each. 52 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council viii. Culture The Culture of people in the project area is not much different from other Zanzibaris. It is mostly influenced by the Arab culture though people have different origins such as Shirazia (82.9%) , Arabs (3.5%), Ngazija (0.9%), Bantu from the mainland (12.6%) and very few originating from Comoros Islands (System C project area Socioeconomic survey-2017). The official languages are Kiswahili and English. More than 90% of population in the project area practices the Islamic faith. Social interactions in in the project area is through major community events such as funerals and wedding ceremonies where their famous tradition music of Taarab or Tarab is usually played. They also interacts with large Zanzibari community in annual festivals such as Sauti za Busara music festival. 53 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council 5 DISPLACEMENT IMPACTS The major negative impact of storm water drainage system C project is involuntary resettlement/ displacement of people. System C project will be implemented on the urban land which is currently occupied by people for various uses major being residential and commercial. Therefore there will be a prerequisite of acquiring land from current users and thus causing displacement of people whereby about 194 households will be affected. This number include those losing land; buildings/structures; and trees/crops as elaborated in the table below. Table 6: Summary of Displacement Impacts per Shehia S/N. SHEHIA NO. OF PAPS BASED ON THE TYPE OF LOST ASSET TOTAL NO. PAPs Land Land Crops/ Land & Building/st Land, Crops/ only and trees building/ ructure Crops/ trees & Crops/ only structure only trees & building/ trees building/ structure structure 1. Shaurimoyo 0 0 2 6 8 2 0 18 2. Kwa Wazee 0 6 1 30 0 10 1 48 3. Nyerere 0 0 0 11 0 2 0 13 4. Sogea 0 0 2 14 1 2 1 20 5. Kwa Mtumwajeni 0 0 0 3 0 0 0 3 6. Jitimai 1 0 4 5 1 4 2 17 7. Magogoni 4 3 3 22 0 19 5 56 8. Mwanakwerekwe 0 0 8 5 0 6 0 19 Total 5 9 20 96 10 45 9 194 5.1 Loss of Residence A total of 160 structures will be affected by the project; out of this 141 are residential structures which 30 houses will be totally affected and removed while 111 will be partially affected i.e. they will either lose a wall, a front verandah, a foundation, a room or other important house facility such as toilet, outside kitchen, or a ceptic tank, the details on affected structures is presented in table 7 below. 54 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council Table 7: Affected Buildings/structures (Uses and Magnitude of Impact) Residential & Institutional Commercial Commercial Magnitude Of Impact Residential Partially Affected (house plus Location Totally other structures) Total S/ Affected N (100%) No. Details URBAN DISTRICT 2 (1 is construct ed in a public 1 house affected by 60%, 5 SHAURI open ceptic tanks, 4 front verrandah 1 MOYO 16 14 space) - - 2 14 and 6 verrandah foundations. 17 houses (>20%=15 and <20%=2), 3 ceptic tanks, 4 16 (6 still foundations, 2 walls, 2 outside under buildings/kitchen, 2 toilets, 1 KWA constructi madrasat room (Tauhidia), and 2 WAZEE 41 40 0 - 2 on) 26 1 community well. 5 houses (all affected >20%), 4 foundations, 2 walls, 1 outside 3 NYERERE 13 13 0 - - 4 9 buildings, and 1 verrandah. 7 houses (>20%=6 and <20%=1), 6 foundations (includes 2 verrandah foundations), 3 walls, 2 ceptic tanks, 1 private well, and 1 4 SOGEA 18 11 6 - 1 - 18 private bridge. KWA MTUMWA 5 JENI 3 3 0 - - 3 0 WEST B DISTRICT 1 (still 1 house (>20%), 1 foundation, under 9 walls, 1 ceptic tank, 1 private constructi bridge, 1 gate, and 2 outside 6 JITIMAI 12 8 1 3 - on), 11 buildings. 9 houses (>20%=9 including 2 livestock huts and 4 outside kitchens/buildings; and 4 (1 house <20%=3), 20 walls and still under foundations, 13 ceptic tanks, 1 MAGOGO constructi private well, and 4 private 7 NI 46 41 3 3 - on) 43 bridges. 55 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council Residential & Institutional Commercial Commercial Magnitude Of Impact Residential Partially Affected (house plus Location Totally other structures) Total S/ Affected N (100%) No. Details 2 houses (>20%=1 and <20%=1. These include 2 outside kitchens as well.), 6 MWANAK walls, 3 foundations, 6 ceptic WEREKW tanks, and 2 towers for water 8 E 11 11 0 - - - 11 tanks. GRAND TOTAL 160 141 12 6 3 30 132 5.2 Loss of Land The asset survey results indicate that a about 8615.59m2 (5870.18 in Urban District and 2745.41 in West B District) will be permanently affected by the project as indicated in table 8 below where 155 PAPs will lose parcel of land of various degrees which will be compensated by the project. The ownership status for affected properties especially land and houses can be categorized into four groups i.e. those with title deeds (106); without title deed (67); family owned properties (10) and properties whose ownership status is not known by respondents (11). Table 8: Land to be Affected by the Project in each Shehia SN. Location Number of PAPs Land Size (m²) URBAN DISTRICT 1 SHAURI MOYO 8 126.61 2 KWA WAZEE 46 4,147.21 3 NYERERE 13 793.45 4 SOGEA 16 241.40 5 KWA MTUMWAJENI 3 561.52 WEST B DISTRICT 6 JITIMAI 10 474.11 7 MAGOGONI 48 1911.50 8 MWANAKWEREKWE 11 359.80 GRAND TOTAL 155 8615.59 56 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council 5.3 Loss of Business and Local Income Generating Activities System C project will also have impact on local income generating activities and businesses whereby a number of businesses will be 100% affected and moved. These include 2 shops at Shaurimoyo, 6 at Sogea , 1 at Jitimai and 2 shops and 1 carpentry workshop at Magogoni. Also there are businesses that will be partially affected e.g. structures used for both, commercial and residential at Magogoni (1 - wall and foundation) and Jitimai (1 room and wall). Other affected businesses include a number of road side businesses and home based petty businesses that will be displaces or disrupted on a short term basis specifically during mobilization and construction phases. (See table 7 above). 5.4 Loss of Economic Trees/Crops The asset survey identified about 351 economic trees (including 1 vegetable garden), belonging to 81 individuals were identified within the proposed drainage channel. These trees include coconut trees, mango trees, pawpaw, banana clumps, pawpaw trees, Mkungu (Terminalia almond), nutmeg, apple trees (“tufaa�), henna trees, soursop tree (“Mstafeli�), Guava and shade trees. Others include crops like yams and sugarcanes. Households depending on these trees to sustain their livelihoods will experience economic through loss of subsistence food and income that could be derived from selling produces from these trees. On the other hand, local communities around the area will lose centers for social interactions as various issues were discussed under the shade trees e.g. in Muungano whereby even a community meeting was conducted under the shed tree. Details of affected trees/plants in each shehia is presented in table 9 below. 57 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council Table 9: Summary of Affected Assets Trees/Crops per Shehia SN. TYPE OF TREE/CROP SHEHIA TOTA L URBAN DISTRICT WEST B DISTRICT MWANAKWE KWA WAZEE MTUMWAJE MAGOGONI NYERERE JITIMAI SHAURI REKWE SOGEA MOYO KWA NI 1. Mkomamanga - - - 1 - - 3 - 4 2. Cucumber tree (Mbilimbi) - - - 3 - 2 5 3 13 3. Cassava - - - - - - 31 - 31 4. Banana - - - 33 - 43 65 26 167 5. Sugarcane - - - - - - 2 - 2 6. Henna - - 4 1 1 - - - 6 7. Pear - - - - - - 1 - 1 8. Coconut - 2 1 24 1 1 20 10 59 9. Yams - - - - - - 6 4 10 10. “Mjengaua� - - - 3 - 2 2 - 7 11. “Msabuni� - - - - - - 1 - 1 12. Mkilua fragrans (Mkilua) - - - 1 - - - - 1 13. Pegeon peas - - - - - - 1 - 1 14. Mkunazi (Ziziphus abysinnica) - - - 1 - - - - 1 15. Kapok (Msufi) - - - - - - - 1 1 16. Terminalia almond (Mkungu) - - - 2 - 1 - - 3 17. Pawpaw - - - 1 - 1 3 1 6 18. Egg plant - - - - - - 2 - 2 19. Guava - - 1 2 1 1 1 - 6 20. Almond tree (Mlozi) - - - - - 1 - 1 21. Soursop tree (Mstafeli) - - 2 1 - 1 2 1 7 58 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council SN. TYPE OF TREE/CROP SHEHIA TOTA L URBAN DISTRICT WEST B DISTRICT MWANAKWE KWA WAZEE MTUMWAJE MAGOGONI NYERERE JITIMAI SHAURI REKWE SOGEA MOYO KWA NI 22. Shed tree - - - 1 - - 1 - 2 23. Apple tree - - - - - - 1 1 2 24. Mango tree - - - 1 - - 2 3 6 25. Custard apple tree (Mtomoko) - - - - 1 - - - 1 26. Caesalpinia bonducella - - 1 - - - - - 1 (Mkomwe) 27. “Mtuhe� - - - - - - 1 - 1 28. Whistling Pine (Mvinje) - - - - - - 2 - 2 29. Jasmin - - - - - - 1 - 1 30. Jackfruit - - - - - 2 - - 2 31. Breadfruit (Mshelisheli) - - - - - 1 1 - 2 32. Lemon - - - - - - 1 - 1 TOTAL 0 2 9 75 4 55 156 50 351 5.5 Impacts on Public Infrustructures a. Loss of Water Infrastructures In the project area, there is a number of water supply pipelines owned by ZAWA e.g. in the shehias of Mitiulaya, Jitimai, Magogoni and Mwanakwerekwe. Also there one (1) community borehole in the shehias of Kwa Wazee and four (4) shallow water wells constructed by individual households for domestic use. Among these infrastructures, some will be temporarily closed or out of service especially ZAWA water pipes while boreholes and shallow wells will be permanently lost. 59 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council b. Impact on Road Infrastructures During construction phase various main and street roads will be affected either temporary or permanently. Local communities will be affected by lack of access to these roads. Affected roads include those on which the new drainage channels will pass through them i.e. Muungano, Mikunguni, Makadara, Shaurimoyo, Sogea and Sebleni roads in Urban District. In Urban West district, affected roads include Kinuni and Mwanakwerekwe roads in the shehias of Magogoni A and Mwanakwerekwe respectively. c. Impact on Electrical, Telecommunication and Street Light Installations This project will affect about 17 electrical poles belonging to (Zanzibar Electricity Company – ZECO). Among these; four (4) are located in the shehia of Muungano, six (6) Shaurimoyo, four (4) Sogea and three (3) at the shehia of Sebleni. In addition to electrical poles, 30 TTCL poles and underground lines will also be affected in the shehias of Muungano (5), Makadara (5), Mitiulaya (3), Shaurimoyo (11), Sogea (4), and Jitimai (2). 33 street light poles owned by ZMC will be affected in the shehia of Muungano (17), Kwa Alamsha (5) and Sebleni (11). The summary of affected community properties is presented in table 8 below. Table 10: Summary of Public/Community Affected Assets No. Shehia Water Bridge Underg Electri TTCL Light Tarmac Road Boreh s round city Poles Poles oles water poles supply pipes 1. Muungano - - - 04 05 & 17 Muungano road Undergroun d line 2. Nyerere - - - - - - - 3. Makadara - 02 - - 05 & - Makadara road Undergroun d line 4. Kwa Mtumwajeni - - - - - - - 5. Kwa Alamsha - - - - - 05 Mikunguni road 6 Mitiulaya - 04 YES - 03 - - 7. Kwa Wazee 01 01 - - - - - 8. Shaurimoyo - - - 06 11 - Shaurimoyo road 9. Mikunguni - - - - Undergroun - Mikunguni road d line 10. Sogea - - - 04 04 - Sogea road 11. Sebleni - - - 03 Undergroun 11 Sebleni road d line 12. Jitimai - 03 YES - 02 - - 13. Magogoni A - 03 YES - - - Kinuni road 60 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council No. Shehia Water Bridge Underg Electri TTCL Light Tarmac Road Boreh s round city Poles Poles oles water poles supply pipes 14. Mwanakwerekwe - - YES - - - Mwanakwerekwe road The above mentioned underground drainage pipes include ZAWA underground water supply system, Underground water supply pipes connected from mosque, public schools and community boreholes to individual households. All affected structured will be restored by the project in close consultation with responsible institututions. 5.6 Visual impacts Project construction activities will have a temporary notable visual impact to the local communities and surround residents especially during demolition of affected buildings and structures as well as during excavations and storage of soil piles from the trenches. 5.7 Measures to avoid or Minimize Displacement Impacts ZUSP and ZMC in collaboration with a contractor, has considered feasible alternative Project designs to avoid and/or minimize physical and economic displacement impacts, while balancing environmental, social and financial costs and benefits. Following the preparation of various design options, ZUSP and ZMC have decided to carefully locate drainage system following the existing natural drainage course and focus on rehabilitation and upgrading existing channels that require very minimal taking of new land. Also in other areas, the required construction standards have been relaxed through expansion of diameters or extension of lengths of existing roads/trails and drainage channels. In areas of Muungano, which are very congested with built commercial structures; the system will pass on the main road (right side when going to Amani Stadium from Zanzibar Town). These decision were taken in order to minimize resettlement within the project area. However assets such water pipes, electrical and telecommunication infrastructures will be reinstated by the contractor with close collaboration with repective institutions to ensure that these services are recovered and returns to normal within short time. With respect to available single water well to be affected, the contractor will construct another one in adjacent available space. For the case of affected water pipes, the contractor will provide temporary public water lines for the use of affected community until the services returned to normal. Other measure that will be taken to alleviate problem of affected water pipes, electrical and telecommunication is to ensure that the time of disconection and connection are as small as possible and affected communities shall be informed about temporarly cut of these 61 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council services so as they take necessary measures to reduce the impacts. Regarding affected roads and bridges; alternative roads and pathways shall be provided to the affected areas. 62 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council 6 STAKEHOLDERS CONSULTATIONS AND PARTICIPATION Consultation is essential during the development of a RAP and is a requirement both in terms of RGoZ legislation and World Bank safeguards (OP. 4.12). The latter requires continuous, transparent and genuine communication between the Project, resettlement-affected parties and other stakeholdersinvolved in the resettlement planning process. This section describes the consultation activities undertaken during development of the RAP. These include consultations with the relevant government agencies and local authority structures, affected parties and other interest groups from System C project areas. In addition,regular meetings were held with ZUSP to discuss RAP-specific issues and procedures. Disclosure of information and the participation of affected parties will continue during the planning, implementation, monitoring and evaluation of compensation payments, physical resettlement and livelihood restoration activities. This will assist in achieving outcomes that are consistent with the requirements of the RAP. 6.1 Objectives Consultations with the Project-affected land users, households and communities aimed to: • Provide information on RAP objectives, processes and envisioned results • Establish communication structures and procedures required for the RAP • Solicit opinions and suggestions with regard to the development and implementation of the RAP from government, local authorities and project affected people • Manage expectations and misconceptions with regard to the outcomes of the RAP andidentify and address potential conflicts and/or risks that may arise • Agree on RAP entitlements and compensation measures (as per RGoZ legislations) for inclusionin the RAP; • Address RAP-related issues such as selection of a relocation site, replacement structure designs (for communal/public properties) and livelihood restoration initiatives; and • Investigate opportunities for collaborative effort and partnerships with government, business and affected parties for the development of livelihood restoration projects. 6.2 Stakeholder Identification The identification of stakeholders for this Project followed the procedures outlined in OP 4.12 which requires the proponent to identify the range of stakeholders that are directly orindirectly affected by the Project. The approach for systematically identifying stakeholders groups was guided by the following criteria: • Groups or individuals or on whom the Project sponsor/developer will depend in one way oranother in order to operate; • Groups or individuals who are directly affected by the project whether positively or negatively 63 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council • Groups or individuals to whom the project sponsor has, or in the future may have,legal, commercial, operational or ethical and moral responsibilities; • Groups or individuals who will need immediate attention from the project sponsor withregard to social, environmental and RAP issues associated with the project; • Groups or individuals who can have impact on the Project with regard to strategicplanning and operational decision making; and • Groups and individuals whose views can lead to a new understanding of the situationand the identification of opportunities for action that may not otherwise occur. Table 11: Identified RAP Stakeholders Stakeholder Organization Department/ Role in Resettlement Representative Category Official/s Ministry of Finance Project coordination, funding and and Planning (MFP) implementation Department of Water Responsible for issuing water permits Development and rights; enforces laws and regulations for water quality and utilization and to ensure effluents standards are met. Zanzibar Water Authority Management of water resources and (ZAWA) water supply for both urban and rural areas. Ministry of Land, Housing, Water National and Energy • Commissioner for Land, • Issuing right of occupancy on (MLHWE) • Chief Government Valuer land, oversees land use planning regulatory • Department Of Lands and and issues related to bodies Registration compensation and resettlement. • Department of Survey and • Streamline Procedures for Land Urban Planning Acquisition, Valuation, Compensation and Allocation • Regularization of Informal Settlements. • Preparation of legal Framework for Land Valuation • Approval of compensation schedule Chief Minister’s Secretary to the Committee Planning and implementation of all Office (Special environmental matters and the Committee of the articulation of environmental policy Revolutionary and guidelines necessary for 64 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council Stakeholder Organization Department/ Role in Resettlement Representative Category Official/s Council of promoting and protecting the Environment) environment. Department of Director Environment Zanzibar Director General, ZEMA • Enforcement of laws and Environment regulations for environmental Staff management and protection Management (Environmental Management Act, Authority (ZEMA) 2015,) • Advisor to the government on all environmental matters, and performs the technical arbitration role in undertaking of environmental Audits and ESIAs. Government Occupational Managers Responsible for OHS in the work Health and Safety place and the respective Agencies (OHS) surrounding environment Regional Zanzibar Urban Division of Sewerage, Drainage • Provision of drainage services Municipal Council & Solid Waste within the Municipality Administration (ZUMC) (infrastructures and technical support) • Provision of solid waste services within the Municipality (including the Stone Town Authority Area). Urban West RC, RAO,Regional Responsible for community welfare, Regional Council Development Committee and investment development, Regional Security Committee environment management and security on a regional level. Districts Urban and DC,DAO, DED, Council Responsible for welfare and Management Team (CMT), development throughout the District Administration West B Districts District Development Councils Committee and District Security Committee District Land Allocation Land Allocations issues Advisory Committee 65 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council Stakeholder Organization Department/ Role in Resettlement Representative Category Official/s Wards Ward Councilors Administration, community development, social welfare, Ward Executive Officers environment and land management Ward Extension Officers on a Ward level in collaboration with Sheha. Ward Community Development Officers Shehias Sheha Responsible for welfare and development at Shehia level. Specific Shehia Advisory Council roles include: Shehia Executive Officers • Implementation of all the (SEO) Government laws, orders, policies Local and directives, for maintenance Administration of law and order; • Coordination of public meetings. • Land development process/land delivery as witnesses • Resolution of land disputes • Initiation and mobilization of local development projects. • The control of immigration in his Shehia and keeping records thereof; Institutions The existing local Officers/Respective Responsible for provision of social institution’s committees services (health, education, safety, community and security, worshiping and education private institutions but could also take part in observing such as schools, environmental and social issues. hospitals, law enforcement, churches, mosques, CBOs and NGOs. Community All community Community members of Responsible for providing inputs members in the during Project planning and members Makadara, Mapinduzi, affected shehias. resettlement process. Shaurimoyo, Mikunguni, Mitiulaya, Kwalimsha, kwa Mtumwajeni, Muungano, Amani, Nyerere, Sebleni, Kwa- 66 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council Stakeholder Organization Department/ Role in Resettlement Representative Category Official/s Wazee, Kilimahewa Juu, Kilimahewa Bondeni, Sogea, Mwanakwerekwe, Jitimai and Magogoni A. Individuals All PAPs Land and property owners in Community members located in the all affected areas of storm footprint of the Project area and may water drainage system C. i.e. directly be impacted by the Project, shehias of Makadara, in terms of economic and/or physical Mapinduzi, Shaurimoyo, displacement. Mikunguni, Mitiulaya, Kwalimsha, kwa Mtumwajeni, Muungano, Amani, Nyerere, Sebleni, Kwa-Wazee, Kilimahewa Juu, Kilimahewa Bondeni, Sogea, Mwanakwerekwe, Jitimai and Magogoni A. This list will be continuously updated as new stakeholders come in depending on the stage of RAP implementation. 67 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council 6.3 Consultation activities to date Table 12 below presents a summary of stakeholder meetings that have been undertaken as part of the RAP process. Table 12: Summary of Stakeholder Meetings, Focus Groups Discussions and Interviews S/N Date Location Activity Participants Purpose • Report to the Client ready to start EIA and RAP preparation for Storm Water Drainage System C project • Get general background of the Storm Water Drainage System C Project Ministry of Finance PMT • Request and collect necessary documents in relation to 1 28/09/2017 and Planning Kick off meeting the project. (ZUSP) • Requesting counterpart person to assist consultant with various issues/information during the EIA study and RAP assignment. Consultation • Get drawings on project design 2 28/09/2017 Techniplan Project contractors meeting Ministry of Water, Consultation Commissioner of Lands • Get insight on specific laws and regulations governing Construction, meeting Officer/assigned Land valuation, compensation and relocation during land Energy and Lands Officer or valuer acquisitions for various purposes. 3 28/09/2017 (MWCEL)Departme nt Of Lands and Registration) 68 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council S/N Date Location Activity Participants Purpose Commission of • Get insight on specific laws and regulations governing Consultation Director/Assigned Officer 4 10/10/2017 Environment, ZEMA environmental management and protection and ESIA meeting (EIA Department) Office studies. • Formally introduce the Storm Water Drainage System C Project and seeking their views with regard to the Ministry of Finance Consultation proposed project 5 11/10/2017 PMT and Planning meeting • Coordination of public meetings in their areas of jurisdiction • ESIA Study, RAP preparation Consultation • Formally introduce the Project and seeking their views with Urban District Amani, Kilimahewa meetings with regard to the proposed project 6 11/10/2017 Commissioner’s Bondeni and Kilimahewa Shehia leaders • Raise awareness on ESIA and RAP preparation and Office Juu. (Shehas) implementation Urban District Consultation Shehas of Nyerere, • Formally introduce the Project and seeking their views Commissioner’s meetings withall Sebleni, with regard to the proposed project Office Shehialeaders Amani,Shaurimoyo, • Raise awareness on ESIA and RAP preparation and (Shehas) Mkele, Sebleni, implementation Makadara, Mikunguni, • Inventory and valuations of project affected assets Kilimahewa Bondeni, • Compensation Framework i.e. established government 7 12/10/2017 Kilimahewa Juu, Kwa compensation guidelines; Compensation and assistance Wazee, Sogea, eligibility criteria; and how and when compensation will be Muungano, Mapinduzi, paid. Kwamtumwajeni and • Creation of Community Working Groups. Kwalimsha. • Awareness on grievance redress 69 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council S/N Date Location Activity Participants Purpose Twariqatul Jadid Community Shehas and PAPs of • Formally introduce the Project and seeking their views Nursery School awareness Mkele and Mapinduzi with regard to the proposed project (Skuli ya meeting • Raise awareness on ESIA and RAP preparation and Maandalizi) - Mkele implementation • Inventory and valuations of project affected assets Kilimahewa Nursery Community Shehas and PAPs of • Compensation Framework i.e. established government 8 17/10/2017 School (Skuli ya awareness Kilimahewa Juu and compensation guidelines; Compensation and assistance Maandalizi) meeting Kilimahewa Bondeni eligibility criteria; and how and when compensation will be Amani Community Shehas and PAPs of paid. awareness Amani • Creation of Community Working Groups. meeting • Awareness on grievance redress Sebleni Primary Community Shehas and PAPs of • Formally introduce the Project and seeking their views School awareness Sebleni, Muungano and with regard to the proposed project meeting Sogea • Raise awareness on ESIA and RAP preparation and implementation Muungano Community Shehas and PAPs of • Inventory and valuations of project affected assets 9 18/10/2017 awareness Muungano • Compensation Framework i.e. established government meeting compensation guidelines; Compensation and assistance Sogea Community Shehas and PAPs of eligibility criteria; and how and when compensation will be awareness Sogea paid. meeting • Awareness on grievance redress Kwalimsha Community Shehas and PAPs of • Formally introduce the Project and seeking their views awareness Kwalimsha with regard to the proposed project 10 19/10/2017 meeting • Raise awareness on ESIA and RAP preparation and implementation 70 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council S/N Date Location Activity Participants Purpose • Inventory and valuations of project affected assets • Compensation Framework i.e. established government compensation guidelines; Compensation and assistance eligibility criteria; and how and when compensation will be paid. • Awareness on grievance redress Kwa Wazee Community Shehas and PAPs of Kwa • Formally introduce the Project and seeking their views awareness Wazee, Nyerere and with regard to the proposed project meeting Kwamtumwajeni • Raise awareness on ESIA and RAP preparation and implementation • Inventory and valuations of project affected assets • Compensation Framework i.e. established government compensation guidelines; Compensation and assistance eligibility criteria; and how and when compensation will be paid. • Awareness on grievance redress Makadara Community Shehas and PAPs of • Formally introduce the Project and seeking their views awareness Makadara, Mikunguni with regard to the proposed project meeting and Shaurimoyo • Raise awareness on ESIA and RAP preparation and implementation • Inventory and valuations of project affected assets 11 24/10/2017 • Compensation Framework i.e. established government compensation guidelines; Compensation and assistance eligibility criteria; and how and when compensation will be paid. • Awareness on grievance redress 71 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council S/N Date Location Activity Participants Purpose Shaurimoyo Community Shehas and PAPs of • Formally introduce the Project and seeking their views awareness Mikunguni and with regard to the proposed project meeting Shaurimoyo • Raise awareness on ESIA and RAP preparation and implementation • Inventory and valuations of project affected assets • Compensation Framework i.e. established government compensation guidelines; Compensation and assistance eligibility criteria; and how and when compensation will be paid. • Awareness on grievance redress 12 13/11/2017 Urban West District Consultation Shehas of • Formally introduce the Storm Water Drainage System C ommissioner’s meeting with Mwanakwerekwe, Project and seeking their views with regard to the Office Shehia leaders Magogoni A and Jitimai proposed project • Coordination of public meetings in their areas of jurisdiction • ESIA Study, RAP preparation 13 14/11/2017 Shehia offices of Key informant Shehas of Shaurimoyo, • Gather general information on shehia’s social-ecomic Makadara, interviews with Mapinduzi, framework and project in general. Shaurimoyo, Shehia leaders Mikunguniand Mkele Mapinduzi, Mikunguni na Mkele 14 15/11/2017 Shehia offices of Key informant Shehas of Muungano, • Gather general information on shehia’s social-ecomic Muungano, Amani, interviews with Amani, Sebleni framework and project in general. Sebleni, Kilimahewa Shehia leaders Kilimahewa Bondeni, Bondeni, Kilimahewa Juu and Kwa Wazee 72 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council S/N Date Location Activity Participants Purpose Kilimahewa Juu and Kwa Wazee 15 16/11/2017 Shehia offices of Key informant Shehas of Kwa • Gather general information on shehia’s social-ecomic Kwa Mtumwajeni, interviews with Mtumwajeni, Nyerere, framework and project in general. Nyerere, Sogea, Shehia leaders Sogea, Magogoni A, and Jitimai Jitimai, and Mwanakwerekwe 16 17/11/2017 Shehia office of Kwa Key informant Sheha of Kwa Alimsha • Gather general information on shehia’s social-ecomic Alimsha interviews with framework and project in general. Shehia leaders 17 21/11/2017 Shehia office of Key informant Sheha of Mitiulaya • Gather general information on shehia’s social-ecomic Mitiulaya interviews with framework and project in general. Shehia leader 18 7/12/2017 Shaurimoyo primary Focus group Groups of men, women, • Allow a smaller group of between 8 and 15 people to school and Kwa discussions youths, and Vulnerable provide their views and opinions Mtipura secondary people from shehias of • Allow PAPs to provide their views and opinions regarding school Shaurimoyo, Mapinduzi Census and Valuation exercises. and Mkele, Kilimahewa • Getting views and opinions regarding RAP implementation Juu, Kilimahewa Bondeni and resettlement process. and Amani • Discuss about Assistance Benefits and Development Opportunities during resettlement implementation. 19 8/12/2017 Sebleni and Focus group Groups of men, women, • Allow a smaller group of between 8 and 15 people to Nyerere primary discussions youths, and Vulnerable provide their views and opinions schools peoplefrom shehias of • Allow PAPs to provide their views and opinions regarding Sebleni,Muungano, Kwa Census and Valuation exercises. Wazee, Nyerere, 73 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council S/N Date Location Activity Participants Purpose Kwamtumwajeni and • Getting views and opinions regarding RAP implementation Sogea. and resettlement process. • Discuss about Assistance Benefits and Development Opportunities during resettlement implementation. 20 11/12/2017 Madrasatu Sah-wa Focus group Groups of men, women, • Allow a smaller group of between 8 and 15 people to and Al-ihsan Girls discussions youths, and Vulnerable provide their views and opinions Secondary people from shehias of • Allow PAPs to provide their views and opinions regarding Makadara, Mitiulaya, Census and Valuation exercises. Mikunguni Kwalimsha, • Getting views and opinions regarding RAP implementation Jitimai, Magogoni A and and resettlement process. Mwanakwerekwe. • Discuss about Assistance Benefits and Development Opportunities during resettlement implementation. 74 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council 6.4 Views, Issues and Concerns raised by Stakeholders during Consultations Attitudes expressed by various stakeholdersincluding affected communities with regard to the proposed project are diverse. On onehand, there are fears that people will be displaced off their settlements, most available business opportunities willvanish, and that the Project could have significant negative economic and social impactsespecially if compensation to be paid will not consider thoseissues. However, such fears aregenerally outweighed by positive expectations that System C project will help to overcome the problem of flooding which has been affecting many areas for a long period sucha as; o Deaths especially children whereby many of them died during rain season through drowning in flooded areas. o Destruction of houses by flooding water o Destruction of household furnitures and personal items o Diseases such as Malaria, Schistosomiasis, Bilhaziasis, Typhoid, and Cholera o Unsettled life due seasonal migration specifically during rain season. o Congestions in unaffected households. o Loss of Income ▪ Construction of System C drainage channel will assist in controlling various water borne diseased thus improvement on sanitation and community health. ▪ Gain access to areas that were inaccessible during flooding ▪ The proposed project will also help to reduce government exipenditures on drugs and other humanitarian assistances which were needed during flooding tragedy thus the money can be invested on other development projects and community services. 6.4.1 Key Issues and Concerns However, the following key issues, views and concerns were also presented. These can be grouped as follow: Relocation and Compensation Project affected communities raised their concerns regarding relocation and compensation that; • They welcome the project and are willing to relocate but compensation to be paid should be fair and adequate by taking into considerations value of land because nowdays land in Zanzibar is very expensive and its availability is also a challenge. • For houses which their sanitation facilities (toilets and septic tanks) will be affected, shouls either be compensated for the whole house and relocate (because the house is not complete without a toilet); or compensation should also include land cost for constructing a new one. • For those who will be partially affected especially shop traders should be compensated for the period that will be denied access to their stalls due to construction activities. 75 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council • All properties that will be damaged (by contractor) during construction works should be compensated as well. Employment Issues • Regarding project’s employment opportunities, priority should be given to local residents. • Contractor in collaboration with government authorities should ensure that hired staff are fairly paid according to provisions of existing legislations. • Training should be provided to local residents so that they can be able to contribute manpower in construction activities. Community Health and Safety Consulted Stakeholders in all 19 shehias were of the opinion that, currently communities are facing threats on their healths because of flooding problem especially in areas where water remain stagnant for a long period; therefore, implementation of this project will help to improve the situation. To them, flooding problemhas been accelerated by rapid population increase and unplanned settlements accompanied by lack of road infrastructures for easy access of solid waste collection trucks by the municipal councils. Because of unplanned settlements, many shehias lacks open spaces to establish new solid waste collection points as a result they dump them in the natural drainage course. Another cause of flooding is associated with lack of drainage infrastructures and where are in place, they are informally being used for disposing solid and liquid wastes thus severely impairing their performances due to blockages.Currently, most part of the existing drainage network is old and damaged undersized or partially blocked. All these factors, flooding problem which in return exposes local communities to health and safety threats as outlined above. Maintenance of Existing and New Storm Water Drainage Systems Local communities confessed that there is apoor management and maintenance of existing drainage channels by ZMC and the community themselves. “ZMC don’t clean the channels, they waint until flooding disaster and start cleaning them�; claimed one respondent.“We, local communities don’t have a culture of cleanliness that’s why its a normal thing to dump waste in the drainage channels and no one cares�. Added another respondent. Farming and planting crops along the natural water courses and contruction of structures above the drainage channel also impares the functioning of the channel which blocks flow and causes water to be rerouted to surrounding areas including residential houses. On the other hand, communities especially those residing along the existing channels, have a notion that the existing channels especially those built in phase one project were poorly designed because some of them are too small, not deep or wide enough to accommodate large volumes of water during rain season. 76 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council 6.4.2 Recommendations Consulted stakeholders had the following recommendations: • Construction of new drainage system must also consider issue of health and safety in local communities specifically the young children. • For community assets that will be affected by the project such as water supply pipes, electricity poles and telecommunication poles; early notifications on the cut-of service should be provided to the public and the care should be taken to ensure that these services are back to normal. • The channels should be well covered and where it is necessary to remain open, hedgerows should be constructed along the edge of channels. • Pedestrians cross over points (bridges) should be provided in new and rehabilitated channels. • Awareness campaigns and training should be conducted to local residents in maintaining the upgraded stormwater systems to prevent blockage caused by solid waste disposal in the channels. • ZMC to ensure that storm water channels are well taken care through regular maintenance and cleaning to protect them from damages beyond repairs. • ZMC should enact by-laws to ensure that all people disposing waste in drainage channels are disputed. • During FGDs many groups especially women suggested that ZUSP or ZMC to finance a media and door to door awareness campaign aiming to expose those disposing liquid/solid waste in drainage channel. The campaign has already nick-named in Swahili as “Ondoa Mukhali zuia uchafuzi wa mazingira� (Don’t be phlegmatic/stoical, prevent environmental pollution) • Local NGOs and CBOs should be involved in environmental management programmes. • The ZMC should think of providing waste collection bins for each household, as well as in all publicareas and along roadsides; • The ZMC must think on investing more in waste collection trucks and provision of well designed and managed waste disposal sites and schedule on waste collection service should be well maintained and monitored. 77 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council 7 COMPENSATION PRINCIPLES AND ENTITLEMENTS 7.1 Understanding Compulsory Land Acquisition and Compensation Compulsory Land Acquisition refers to the process of acquiring someone else’s land or property using compulsory powers of the state where by one is compelled to sell his/her property to the acquiring authority.Upon land acquisition, the person whose land has been so compulsorily acquired is given a payment called Compensation; hence the term “Compulsory Land Acquisition� also being referred to as “Compulsory Land Purchase� in that the purchase is compulsory and not free/voluntary. In RGoZ, there is no specific act on land acquisitions and compensations instead practices from Tanzania mainland are mostly adopted and used in conjuction with various land acts which govern compensations in Zanzibar. These acts includes, Act No. 12, the The Land Tenure Act of 1992 (Amendment, Act No. 15 of 2003), The Land Tenure Act, No. 12 of 1992 (Land Allocations Regulations 2008) and The Land Survey Act No. 9 (1990). All these acts emphasizes on prompt payment of compensation especially during termination of the Right of Occupancy or destruction of assets for development projects with public interest. However, The Land Tenure Act of 1992 section 56 which was amended and replaced give rights to The Government to terminate any right of occupancy on grounds of national interest by paying compensation in accordance with the provision of Sect. 63 of this Act provided that; (i) Unless specifically provided for by the Minister, No compensation for the fair market value of the land shall be payable by the Government on the termination of the right of occupancy under this Act (ii) Compensation shall be provided for unexhausted improvement on the land with the value determined at the time of the order of determination�. Also, The Land Survey Act No. 9 (1990), Section 15 directs payments of compensation to the owner of any crops or trees cut or damaged in the survey exercise. However, because this RAP has been prepared adhering to WB OP 4.12 as well, assessment of compensation on affected assets were also based on the following:- • Replacement cost of the real property; • Disturbance allowance which is a percentage of the market value of the acquired over 12 months; • Transport allowance calculated as the cost of 12 tons hauled over a distance not exceeding 20 km; • Loss of profit or accommodation based on business audited accounts; • Accommodation allowance which is equivalent to the rent of the acquired property per month over 36 months period; • Cost of acquiring or getting the subject land; 78 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council • Any other cost, loss or capital expenditure incurred to the development of the subject land; • Interest at market rate will be charged, for delaying payment of compensation. 7.2 Eligibility Criteria Those who will be affected by System C drainage project interms of asset loss and resettlement are eligible for compensation based on RGoZ legislation and ZUSP-Additional Financing Project Resettlement Policy Framework (RPF). The WB OP 4.12 suggests the following three categories of eligible people: i. Those with formal legal rights to the land or assets they occupy or use (including customary and traditional rights recognized under the laws of the country); ii. Those with no formal legal rights to land land or assets but have a claim to such land or assets, provided that such claims are recognized under the national and local laws or become recognized through a process identified in the resettlement plan; and iii. Those who have no recognizable legal right or claim to the land they are occupying, using, or obtaining their livelihood from (e.g. longside petty traders). Persons described under (i) and (ii) will be compensated for the asset lost and provided with other assistance in accordance with the Land Tenure Act of 1992. People referred under (iii) will not be provided with resettlement and other assistance in lieu of compensation for the land they occupy or use. Persons who encroach on the area after the cut-off date are not entitled to compensation or any other form of resettlement assistance. Therefore, it is clear that all PAPs, irrespective of their status or whether they have formal titles or legal rights or are squatters will be eligible for some kind of assistance if they occupied the land before the entitlement cut-off date. People who will encroach the area after the census and valuation assignments are not eligible for compensation or any form or resettlement assistance. 7.3 Cut-off Date A cut of date for which this RAP was the date whereby valuation exercise in the proposed project was completed i.e. 31st December, 2017. This date was disseminated publicly in the project area whereby all affected persons, shehia leaders and other government authorities were informed of this date through community meetings during finalization of asset inventories. This means that any new inhabitants came to the Project affected area after this date is not eligible for compensation or any resettlement assistance. 7.4 Validation of affected assets Validation of the affected properties were conducted based on the provisions of the Zanzibar legislation for consistence and accountability. All the factors explained in the Land Tenure Act and other relevant acts were also considered in the valuation process. The verified properties included physical assets 79 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council such as residential and business structures; crops and economic trees and community properties. The entitlement matrix prepared for the Project is given in Table 13. 7.5 Valuation Methods According to section 4 of The Land Tenure Act 1992, the main basis of Valuation for Compensation is the “Market Value�. This include the market values of land, buildings, crops,trees and other unexhausted improvements such as boreholes, electrical systems, fencing walls, etc. Conversely, according to WB OP. 4.3 the main basis is the "Replacement cost". 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. Also, 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. Therefore the methods used to estimate the market values of land, buildings, crops and allowances are as follows: 7.5.1 Valuation of Buildings The computations of value of buildings also considered the replacement cost of each type of building in their respective areasbased onconstruction rates issued by the National Construction Council of Tanzania which operates both in Mainland Tanzania and Zanzibar Islands, which were also received from the office of Chief Government Valuer.Therefore, the value of the building was estimated by applying established construction rates to the External Area i.e. Gross External area for main buildings (GEA) and Reduced Floor Area (RFA) for other buildings and ancillary structures. 7.5.2 Valuation of Trees The trees market values were obtained from the crops compensation schedule provided by the office of Chief Government Valuer as recommended by the Ministry of Agriculture and Natural Resources in Zanzibar. Each type of trees is provided with a price and that price has to be multiplied by the total number of trees found in the plot (s) times the growth percentage of each tree or group of trees for those growing in clumps such as bananas and sugarcane. 7.5.3 Valuation of Standing Crops This valuation work adopted the “Crop Compensation Schedule� (a collection of Crop Compensation Rates). The compensation rates of crops used were those approved by the Office of the Government Chief Valuer as recommended by the Ministry of Agriculture and Natural Resources in Zanzibar. The rate (value) of each crop was obtained by discounting the net income expectancies to the present 80 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council worth estimate. Thus analysis of the subject crop rates was not carried out, was just picked from the schedule.Additionally compensation rates adopted are in different percentages depending on the maturity stage of the particular crop. 10% was applied to the seedlings, the percentage increases to 100% which was applied to a fully grown crop. 7.5.4 Valuation of Community/Public Infrastructures Community or public infrastructures such as boreholes, bridges, water supply systems etc. were valued basing on the replacement value after consultation with government institutions responsible with those infrastructures. 7.5.5 Non Identifiable PAPs We were able to identify and assess most of properties falling within the project area. However, we could not trace 7 (Seven) PAPS who were not available during inspection and were neither known to local leaders nor respective neighbours. Nevertheless, the said properties were inspected and their compensation forms have been prepared and particulars therein appear in the compensation schedule separately for easy identification. These are found in 3 shahia’s as follows: Magogoni 5, Jitimai 1, Sogea 1. Compensation Schedule for Non Identifiable PAPs Total Fair Owner's Name Crop Land Total Fair Building Disturbance Transport Total Fair Fair Compensation Tshs. Value Size in Comp'sation Value Tshs. Allowance Accomodat Allowance Compensatio Compensat A2:S22(Building only) Tshs m² Tshs.(Crops Tshs. 8% ion Tshs. Tshs. n Tshs. ion Tshs. and Land) (Building only) WEST B DISTRICT JITIMAI VAL/MF/UNG\JTM/001 31.50 - 3,408,000 272,640 900,000 150,000 4,730,640 4,730,640 SUBTOTAL JITIMAI 31.50 - 3,408,000 272,640 900,000 150,000 4,730,640 4,730,640 MAGOGONI A VAL/MF/UNG/MGA/038 21.00 - 3,591,000 287,280 1,440,000 150,000 5,468,280 5,468,280 VAL/MF/UNG/MGA/039 75,000 9.45 81,000 750,000 66,000 - - 810,000 891,000 VAL/MF/UNG/MGA/040 335,000 361,800 6,930,000 581,200 2,160,000 150,000 9,794,400 10,156,200 VAL/MF/UNG/MGA/044 15,100 48.24 16,308 - 1,208 - - - 16,308 VAL/MF/UNG/MGA/049 44.75 - 1,614,000 129,120 - - 1,743,120 1,743,120 SUBTOTAL - MAGOGONI A 425,100 123.44 459,108 12,885,000 1,064,808 3,600,000 300,000 17,815,800 18,274,908 URBAN DISTRICT SOGEA VAL/MF/UNG/SGA/015 MBARAKA 8.80 - 704,000 56,320 - - 760,320 760,320 SUBTOTAL - SOGEA - 8.80 - 704,000 56,320 - - 760,320 760,320 GRAND TOTAL 425,100 164 459,108 - 16,997,000 1,393,768 4,500,000 450,000 23,306,760 23,765,868 81 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council 7.5.6 Compensation for unanticipated additional construction damage This RAP also considered compensation for unanticipated damages during construction phase (on- spot compensation).These types of on-spot compensation will be executed by the Contractor using contingency funds provided under the RAP budget. 7.6 Allowances / Other Assistances A part from the above parameters, valuation of affected assets also considered the following allowances as part of the valuation procedure. (i) Loss of accommodation: Accommodation allowance is among the allowances given to those who loose buildings which are already finished and occupied. Residential rent is estimated at the market demand as could be established from the locality. In this RAP rent rates have been used basing on the type of building and location which ranges between TZS10,000- 30,000/room/month and up to 400,000/whole house/month. Therefore, Accommodation allowance = Room Rent/ per month x No. of rooms x 36 months. (ii) Loss of Profit: The net monthly profit of the business carried out shall be assessed, evidenced by an audited account where necessary and applicable and multiplied by 36 months in order to arrive at the loss of profits payable. (I.e. Loss Profit = Net profit/per month x 36 months). It is payable to all affected business with legal recognitions. An enquiry to tax authorities on rates of charged tax in similar businesses also can be made to make estimations on informal businesses without audited accounts. (iii) Transport Allowance: Transport allowance is computed on the basis of prevailing market rates within an area and is paid only to PAPs who occupied the residential/commercial structure. Transport Allowance shall be the actual costs of transporting twelve tons of luggage by rail or road (whichever is cheaper) within twenty Kilometers from the point of displacement (i.e. Transport allowance = 12 tons x Actual Cost/ton/km x 20km). (iv) Disturbance allowance: This was calculated by applying value of real property by average percentage rate of interest offered by commercial banks on deposits for 12months. The current average rate of the interest obtained on fixed deposits is 8%. Therefore, based on the total compensation value, obtain the 8% of the value and add it to the previous total. All PAPs who are illegible for any kind of compensation shall receive a disturbance allowance. Disturbance allowance = (Total Compensation Value x 0.08). 7.7 Proposed Compensation Options and Packages for each PAP/PAH In System C project, monetary compensation will be adopted to compensate all afected properties. However, there will be no compensation for lost land as in Zanzibar, all land including the project land belongs to the RGoZ. 82 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council System C project land is under the custodian of ZMC but overtime there has been encroachment to the buffer zones of natural drainage course and existing drainage channels due to poor law enforcement. To comply with the World Bank OP 4.12, these land users will be paid cost recovery to compensate unexhausted development made. Table 13 (Entitlement Matrix) provide the details of proposed compensation for various losses and other assistances the will be provided to PAPs by ZUSP. 7.8 Entitlement Matrix Table 13: Entitlement matrix Type of Loss Unit of Entitlement Entitlement Compensation Transport Other Assistance for loss of Asset Allowance Land Individual N/A N/A • N/A PAP Individual Cash N/A • PAP will be allowed to harvest PAP compensation for seasonal crops in the fields. loss of permanent • Disturbance allowance. crops will be paid. • RGoZ will assist PAP to obtain alternative land with similar characteristics as the affected land Tenants Cash N/A • Cash compensation equivalent compensation for to average mature and Crops and loss of permanent harvested crop, or market vegetable crops will be paid. period of tenancy/lease gardens agreement, whichever (costs of shifting plus allowance). • Refund of any lease/ rental fees paid for time/ use after date of removal • PAP will be allowed to harvest seasonal crops in the fields. • RGoZ will assist PAP to obtain alternative land with similar characteristics as the affected land Economic Trees Individual Cash N/A • Disturbance allowance. PAP compensation for 83 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council Type of Loss Unit of Entitlement Entitlement Compensation Transport Other Assistance for loss of Asset Allowance loss of permanent crops will be paid. Commercial Individual Compensation in Actual cost of • Allowance for loss of profit Structures PAP cash, based on transporting (net monthly profit evidenced full replacement twelve (12) by audited accounts x 36 cost of the tons of months). affected luggage by • Disturbance allowance (8% of property. road within total compensation cost). 20kms from • RGoZ will assist PAP to obtain the point of alternative plot to re-establish displacement. business. Individual Compensation in Actual cost of • Allowance for loss of PAP cash based on full transporting accomodation (monthly replacement cost twelve (12) market rent for the acquired of the affected tons of property x 36 months). property. luggage by • Right to salvage materials road within without deduction from 20kms from compensation. the point of • RGoZ will assist PAP to obtain displacement. alternative plot to re-establish Residential a new home. structures • Compensated replacement Tenants N/A N/A cost of non-movable property installed with consent of the property owner. • Refund of any lease/ rental fees paid for time/ use after date of removal. • Cash compensation equivalent to 3 months of lease/ rental fee. • Relocation assistance (costs of shifting + allowance) • RGoZ will replace the lost Loss of Public Public compensation at N/A structure/ infrastructure at structures institutions / replacement cost alternative location. /infrastructures community of lost property asset shall be paid to the legal custodians. 84 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council Type of Loss Unit of Entitlement Entitlement Compensation Transport Other Assistance for loss of Asset Allowance Individual Compensation in Actual cost of • Right to salvage materials PAP cash based on full transporting from demolished structures. replacement cost twelve (12) • RGoZ assist PAP to obtain of the affected tons of alternative plot to re-establish Squatters and property. luggage by a home. encroachers road within 20kms from the point of displacement. Vulnerable Individual Monetary/inkind Actual cost of • Allowance for loss of groups PAP compensation transporting accomodation (monthly based on full twelve (12) market rent for the acquired property x 36 months). replacement cost tons of • Right to salvage materials of the affected luggage by without deduction from asset. road within compensation. 20kms from • RGoZ will assist PAP to obtain the point of alternative plot to re-establish displacement. a new home. • Additional cash and other assistance i.e., assisting with moving, to accommodate them during resettlement or transition period while the family rebuilding its home or resettling to a new areas. 7.9 Compensation Schedule The following table 14 provides the summary of affected assets and compensation amount based on the type, size and magnitude of the affected asset. It also include other allowances as explained above. Full details on affected assets and owners are provided in valuation report. 85 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council Table 14: Summary of Affected Assets and Compensation Costs Per Shehia Value Tshs Number of Structures Number of Allowance Accomoda Comp'sati Tshs. 8% on Tshs. Building Number Location Allow'ce Allow'ce Land Size s Tshs. Crops Trans Crops Value Tshs. Tshs. Dist' Fair tion N/O of in m² PAPs URBAN DISTRICT 1 SHAURI MOYO 18 9 263,000 126.61 16 23,351,000 850,384 2,520,000 300,000 27,284,384 2 KWA WAZEE 48 75 2,443,490 4,147.21 42 864,807,000 69,152,119 158,940,000 4,800,000 1,100,142,609 3 NYERERE 13 2 150,000 793.45 13 170,446,450 13,647,716 40,860,000 1,050,000 226,154,166 4 SOGEA 20 4 175,000 241.4 18 31,755,650 2,554,452 8,460,000 750,000 43,695,102 5 KWA MTUMWAJENI 3 0 0 561.52 3 125,800,930 10,064,074 26,820,000 450,000 163,135,004 102 90 3,031,490 5,870.18 92 1,216,161,030 96,268,745 237,600,000 7,350,000 1,560,411,265 Sub Total WEST B DISTRICT 6 JITIMAI 17 55 1,073,540 474.11 12 65,743,036 5,345,326 9,180,000 450,000 81,791,902 7 MAGOGONI 56 156 2,526,270 1,911.50 47 308,826,708 24,908,238 71,820,000 3,150,000 411,231,216 8 MWANAKWEREKWE 19 50 1,747,110 359.8 11 40,032,700 3,342,385 5,400,000 900,000 51,422,195 92 261 5,346,920 2,745.41 70 414,602,444 33,595,949 86,400,000 4,500,000 544,445,313 Sub Total GRAND TOTAL 194 351 8,378,410 8,615.59 162 1,630,763,474 129,864,695 324,000,000 11,850,000 2,104,856,578 86 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council 7.10 Preferred Form of Payment Compensation in cash: With respect to OP 4.12 PAPs should be able to opt cash compensation or in-kind compensation. Survey results indicated that 178 (91.75%) individual PAPs out of the 194 property owners preferred cash compensation. The main reason for this choice is that, they want to replace their lost properties in the areas/locations of their own choices. In-Kind compensation 16 PAPs out of the 194 individual property owners indicated that they would prefer to be compensated in- kind during the consultation exercise. This being a linear project with mostly partial impacts to people houses and structures as the drainage system cover about 2m to 3m width; the impact is mostly partial removal of their structures while the main part of the structures remain in the project site thus no complete relocation. With the magnitude of impacts, it is more benficial for these 16 PAPs to receive monetary compensation than receiving in kind compensation for instance one PAPs has 2 henna trees. The project will meet requirements of 5 PAPs who required reinstatement of part of their structure that will be affected, and 1 PAP demanded to be given seedling of his coconut tree; instead of cash compensation if that will be feasible to them during compensation time. Also large part of system C drainage will be built along existing channel of high density unplanned settlement and drainage was designed to avoid large demolition of houses and there is no farming or grazing land taken (land-based livelihoods). The socio-economic information of the system C include livelihood activities conducted by PAPs outside project corridor that covers the whole area rather than 2 to 3m width drainage corridor. PAPs and other community’s members not affected by the project will continue to use the existing services within the System C area such as markets etc. 7.11 Other Assitance to Minimize Losses Accessibility of Jobs during Infrastructure Construction During the construction works, the project team (Environmental / Sanitation Engineers) and the RAP team will ensure that the contractor gives the PAPs first priority during job allocation at the site. Such activities include those involving manual labor i.e. clearance of vegetation, carrying construction material inputs from stockpiles to construction sites, security etc. Supply of construction materials and service provision by PAPs / community The Contractor will be encouraged to procure quality construction materials supplied by PAPs and community members. Other services include supply of water, disposal of construction wastes at approved sites, provision of catering (food and refreshments) by local vendors preferably among the PAPs. 87 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council Provide for free recyclable and reusable materials from construction activities Construction outputs such as cut trees and other usable cleared vegetation should be given free to PAPs. Similarly at demobilization stage or the left over and excess unused materials should be provided free to PAPs including the waste pickers. Provide assistance to the vulnerable groups The kind of support these people will be specified according to their loss whereby for those who will lose their residential housing structures (5 widows, 2 disabled, 3 long sickness) and 2 female head of households) will need to be assisted in construction of new houses /affected rooms. For those who will lose other important house structures (1 single mother, 2 elderly, 3 widows and 1 long sickness) will need to be assisted in construction of new house facilities e.g. walls, ceptic tanks and foundations. 7.12 Livelihood Restoration One of the objectives of this RAP is to ensure that livelihoods are improved or restored to pre-displacement levels. Compensation for affected property will therefore seek to facilitate full and smooth recovery without exposing the PAPs to vulnerability. In cases where resettlement affects the income-earning capacity of the displaced families, compensation alone does not guarantee the restoration or improvement of their living standards. As noted in the previous chapters, WB encourages project sponsors to undertake resettlement as a sustainable development initiative, that is, an initiative that leads to an improved standard of living for project affected people. OP 4.12, therefore, requires the following measures when development projects result in the relocation of people: • Improve, or at a minimum, restore the livelihoods and standards of living of displaced persons and households, in particular vulnerable and/or disadvantaged persons; • Ensure that affected vulnerable people receive additional and/or targeted assistance, if required; and • Provide opportunities to displaced people to derive appropriate development benefits from the Project (e.g. by means of employment creation, capacity building and socioeconomic development). Accordingly, a livelihood restoration programme is normally incorporated in resettlement planning when affected households are socially and/or economically vulnerable and/or stand to lose of their livelihood assets/resources (or a portion thereof), as a result of resettlement. It is intended to offset the effects of losses that cannot be adequately compensated through monetary payments and/or the replacement of assets e.g. the disruption of support networks, reduced access to markets, the time required to reinstate their businesses to their former productivity, etc. For the purpose of this RAP, livelihood restoration is specifically focused on displaced persons and on ensuring that their livelihoods are improved or at least restored to pre-resettlement levels and provide the required assistance to the vulnerable people in the affected area. Further more, all assets lost/affected will be compensated by the project. The compensation will cover the individual land lost, residential structures, 88 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council unfinished structures, permanent crops/trees and seasonal crops. PAPs loosing residential houses or business premises will receive allowances for loss of accommodation / loss of profit lasting 36 months to enable pay rent while building their new houses/ re-establishing their businesses. Farming households will be assisted in getting alternative location for to re-establish their lost vegetable garden. No resettlement will be done before compensation is fully paid to PAPs. Notice to vacate the land will be given to PAPs after compensation is fully paid and they will be allowed to salvage materials from demolished structures e.g. iron sheets, windows, doors, bricks etc. 7.13 Vulnerable People The WB OP 4.12 define vulnerable persons as; 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. Vulnerable groups include households headed by women, households victimized by HIV/AIDS that are headed by children, households made up of the aged or handicapped, households whose members are impoverished, or households whose members are socially stigmatized (as a result of traditional or cultural prejudice) and economically marginalized. This RAP identified about 21 vulnerable people. The kind of support these people will be specified according to their loss whereby for those who will lose their residential housing structures (5 widows, 2 disabled, 3 long sickness) and 2 female head of households) will need to be assisted in construction of new houses /affected rooms. For those who will lose other important house structures (1 single mother, 2 elderly, 3 widows and 1 long sickness) will need to be assisted in construction of new house facilities e.g. walls, ceptic tanks and foundations. Other assistance shall include; • Assistance with dismantling salvageable materials from their original home; • Priority access to all other mitigation and development assistance; and • Assistance in the compensation payment procedure (e.g. specifically explaining the process and procedures, making sure that documents are well understood. • Assistance in the compensation post-payment period to secure the compensation money and reduce risks of misuse/robbery. • Physical assistance when moving, e.g. assisting persons/households with relocating their possessions; • Counseling in matters related to compensation and displacement. • Provision of all other possible assistance. Table 15: Vulnerable People Affected by System C Project Number of Vulnerable People Total Shehia Widows Women- Disable Elderly Long headed d sickness household Kwa Mtumwajeni 1 1 89 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council Number of Vulnerable People Total Shehia Widows Women- Disable Elderly Long headed d sickness household Kwa Wazee 2 2 3 7 Sogea 3 1 4 Mwanakwerekwe 1 1 Jitimai 1 1 Magogoni A 1 1 1 3 Shaurimoyo 1 1 2 4 TOTAL 9 4 2 2 4 21 Source: Socio-economic survey by DCL Women comprise a extremely large number of the poor in most countries and tend to rely more heavily than men do on informal support networks, such as the help of friends, neighbors, or relatives for child care. As a result, women are often the first to suffer when resettlement is planned or executed badly. Women with children also have less physical mobility to travel to find ways of earning a livelihood. For these reasons, the sponsors’ efforts to maintain the social continuity of communities affected by a project whether through the physical design of new sites, measures to prevent the disintegration of the community or the provision of specialized social services at those sites are important. Some of the immediate and practical initiatives that to be considered to improve women’s adaptation to the resettlement site include: • Ensuring that compensation entitlements are issued in the name of both spouses; • Improving access to productive assets; • Improving participation in decision making (support for women’s interest groups); and • Promoting equal opportunity for women’s employment. 90 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council 8 GRIEVANCE REDRESS MECHANISM (GRM) System C project will use the existing grievance procedures that were established during preparations of previous RAPs (Kibele Land fill project and other completed drainage systems). The existing procedure involves the use of existing conflicts resolution mechanisms through local government system. All PAPs were informed of the existence of the current GRM through their Shehas and awarenes and consultation meetings during during RAP preparation exercise. They were also informed about the means of accessing GRM all precedures on how they can log their grievances i.e. they can log thier complaints by either reporting the matter directly to the sheha who will record the complaints in the complaint log book, or by reporting directly to the District grievance committee, ZUSP office where he/she will fill special grievance forms (See table 16 and 17). Other means of reporting grievance to the Project Management Team (PMT), Shehas and District Officer are though telephone, mail, in person and complaint boxes. Public and PAPs in particular will be infromed on all available means and places of logging their grievance. Anonymous grivences will also received and dealt accordingly. 8.1 The Existing GRM Through Negotiations and Mediation This grievance procedure is simple, administered at the local level to facilitate access, and to the extent possible flexible and open to various proofs. Under the existing GRM, those seeking redress and wishing to state grievances reports to their Shehia offices by filling grievance form that will be made available at at the Sheha office and the matter is referred to the Shehia Advisory Committee for resolution. Sheha Advisory Committee composed of all community leader of Shehia sub-units. For this matter the Committee will be strengthen by addition of members from Project Management Team, District and representative of the complainant. If at Shehia levels matter remains unresolved, Sheha will refer the case to the District Commissioner’s (DC) Office where the DC Grievance Committee for which DC is the chairperson will find resolution. The District Grievance Committee members are usually constituted from the DC office, the relevant District functional department (i.e. Land Office/Valuer in case of land disputes), Shehia office, and a representative of the complainant and the defendant. The committee would consult with the lower local government levels and other records to determine the validity of claims, and if valid recommend appropriate remedial measures, or compensation etc. The District through the Shehia office would notify the complainant regarding recommended settlement. If the matter is not able to resolve at District level, the grievance is refered to the Regioanal Commissioner who with the assistance of his respective department leaders and representative from District, complainants, government valuatin office will hear the grievance and provide responce within 2 weeks from the date of the complain. 91 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council Table 16: Existing GRM through Negotiation and Mediation Procedure. STEP ACTION/ ACTIVITY RESPONSIBLE 1 PAPs are informed of their rights and RAP Team (Valuer) entitlements 2 PAP rejects (i.e. the values given) and lodge RAP Team (Valuer) gives justification of the figure complaint PAP NOT SATISFIED 3 Lodge appeal to Village Government Sheha receive complain (Shehia) Office by filling Grievenace Foem Shehia Advisory Committee PAP STILL NOT SATISFIED 4 PAP with assistant of Sheha will Lodge District Grievance Committee chaired by District appeal to District Office Commissioner include members of RAP Team PAP STILL NOT SATISFIED 5 Lodge appeal to Regional Commissioner’s RAS / Regional Commissioner Office (in consultation with RAP Team / ZUSP) Court of Law Source: RAP Report; Kibele Landfill Project Time Frame Under negotiation and mediation procedure, the time frame for grievance resolution is as follows; • Sheha Advisry Committee will acknowledge receipt of the complain within 5 working days from the day complain was reported. • Within 10 days of the receipt of the grievance, Sheha Advisory Committee will conduct the investigation and provide a responce to the complaint. • District Grievance committee will acknowledge receipt of a grievance in writings within seven (7) business days from the day complaint was reported. • Within 14 days of receipt of the grievance, District grievance committee will conduct the investigation and provide a response to the complainant. • RAS office will acknowledge receipt of grievance within 7 days and will finalise the process within 14 days. 92 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council 8.2 The Existing GRM through Judicial Procedure Where the negotiation and mediation procedure up to office of Minister responsible for land matters does not resolve the complaint, PAP is advised to lodge formally into the legal system with court of law at Ward level as shown in table 17 and figure 14. Table 17: Grievance redresses procedure through Judicial Procedures STEP ACTION/ ACTIVITY RESPONSIBLE 6 PAP lodge appeal to District Land and Housing Tribunal District Land and Housing Tribunal PAP STILL NOT SATISFIED 7 PAP lodge appeal to High Court Land Division High Court Land Division 93 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council 1.Grievance Logding by complainant 2.Register & acknowledge Grievance Negotiation and Mediation 3. Investigate the Grievance Procedure 4. Dispute Resolution Yes No 5. Mediation Complainant satisfied? No Final resolution & Yes case closed Judicial Procedure 6. Court of Law Figure 14: Summary on the Existing Grievance Mechanism Steps 94 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council 8.3 PAPs’ Views and Recommendations on the Existing GRM Procedure under this RAP. During PAPs and stakeholders consultations meetings; PAPs gave their opinions regarding the GRM that, the existing GRM is good but some improvements should be made. • It lacks PAPs representation in the District grievance committee. There should be a grievance committee starting at shehia level. This committee should have representation of PAPs from all groups existing in the affected community (men, women, youth, vulnerable people etc.) Then few members from shehia grievance committee will be selected to create a ward grievance commitee and later district commitee. • Once the grievance is lodged at Sheha’s office, it takes a long time for aggrieved party to receive feedback and reach resolution. • In the current GRM if PAP is not satisfied with resolution reached, is adviced to go to court of law but on his/her own costs; this is an obstacle to many PAPs in getting their rights because of high court expenses which they cannot afford. ZUSP agreed on this and promised to create these commitees in future coming projects. 95 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council 9 MONITORING AND EVALUATION A Monitoring and Evaluation (M&E) system and programme will be established to assess the quality, progress and impact of RAP implementation. In particular, the programme will track progress of resettlement and rehabilitation activities, compensation payments, the effectiveness of public consultation and participation activities, sustainability of income/livelihood restoration and development efforts among affected communities. The objective of monitoring is to give the sponsor and project implementer with feedback on RAP execution and to identify setbacks and achievements in very early stages to allow timely adjustment of implementation arrangements. Monitoring will be linked to the socio-economic householdand asset surveys undertaken for the development of the RAP.The monitoring programme will include criteria to assess RAP implementation in terms of both efficiency and usefulness. A system for data collection will be established, including resources needed to carry out the monitoring. RAP implementation will be subject to an external evaluation in advance to a completion audit. The audit will take place once critical milestones have been reached, or if monitoring results show that essential corrective actions are necessary. ZUSP will be responsible for providing the funds and facilities for implementing the monitoring programme, human resources, capacity building, and any external evaluations. 9.1 Monitoring framework and Indicators A monitoring framework will be established to define the scope and methods for monitoring, both in terms of the degree and the magnitude of adverse impacts and the effectiveness of measures envisioned to reinstate and improve the livelihoods and living standards of affected people. A monitoring action plan shall be developed to include activities, completion target dates, progress per reporting period, reasons for delay and corrective actions to betaken. Critical aspects to be incorporated in the monitoring action plan will be the monitoring of livelihood restoration activities, and the status of vulnerable households.The monitoring framework will provide for Planning for M&E; Designing a M&E programme; Developing criteria and indicators; Developing data collection systems; Data collection and analysis; Developing corrective action plans and Implementing action plans. 9.2 Monitoring Programme The monitoring programme shall include three components • Performance monitoring (to be undertaken by the ZUSP in collaboration with theRWC); • Impact monitoring (to be undertaken by the ZUSP and an external agency); • A completion audit (to be undertaken by an external agency). 96 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council 9.2.1 Internal/Performance Monitoring Process Performance monitoring will largely be an internal management function, which will provideZUSP with up- to-date information to measure RAP performance and actual progressagainst milestones. Performance monitoring will include (at a minimum) the following aspects: • Community consultations implemented and on-going; • Grievance procedures in place and functioning (claims addressed); • Transfer of entitlements and compensation payments disbursed including its levels and timing: • RAP implemented in line with RAP principles, procedures and timeframes • Relocation of people completed; • Rehabilitation of buildings and other structures affected during construction completed; • RAP funding for livelihood restoration is implemented fairly and transparently; • Provision of employment, its adequacy and income levels • Adequacy of training and other developmental inputs • Rehabilitation of vulnerable groups • Infrastructure repair, relocation or replacement • Enterprise relocation, compensation and its adequacy and • Monitoring and evaluation reports submitted. 9.2.1.1 Institutional Arrangements for Internal Monitoring and Reporting As noted above, performance monitoring of the RAP should be integrated into the overallproject management (ZUSP) to ensure that RAP activities are synchronized with all projectimplementation activities. Performance monitoring reports will be prepared at regularintervals (monthly, quarterly, semiannually, and annually) starting with the initiationof any activities related to resettlement. 9.2.2 Impact Monitoring Impact monitoring gauges the effectiveness of the RAP and its implementation in meeting the needs of the affected population. Depending on the scale of resettlement, impact monitoring is conducted by the project’s management such as an internal unit or an independent external agency (a consultant). The aim of impact monitoring is to provide ZUSP with an assessment of socio-economic and other effects arising from the resettlement process; to verify internal performance monitoring, and to identify adjustments in the implementation of the RAP and the need for corrective action plans as well as to monitor the adaptability of households, in particular vulnerable households. Practically; affected people will be included in all phases of impact monitoring, including the identification and measurement of baseline indicators. Impact monitoring will be on-going during the course of RAP implementation. Impact monitoring shall be undertaken approximately six months to one year after displacement. PMT and independent external agency/consultant will identify the relevant criteria and indicators to be evaluated. These aspects will include (but are not limited to): 97 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council • Changes in livelihood strategies and sources of income • Changes in living standard of PAPs when compared to prior displacement i.e. are they living at the same standard as before, have improved, or they are actually poorer than before. • Changes in status of vulnerable households (adaptability) • Changes in agricultural yield/produce (quantity/quality) and income from farming • Changes in small business activities/economic activities other than agriculture • Changes in number of people employed on projects activities • Changes in household income and expenditure patterns • Changes in household structure (size and composition) • Changes in health patterns/incidence of diseases • Changes in education and literacy levels • Community cohesion/social stability (with the communities in the displacement area) In addition to the quantitative indicators described above, impact monitoring will be supplemented by the use of qualitative indicators to assess the satisfaction of affected people with resettlement initiatives and, thus, the adequacy of those initiatives. The most effective qualitative monitoring methodology is direct consultation with the affected populations through regular meetings, focus group discussions, or similar forums established by the project sponsor for public participation as part of the consultation framework. 9.2.3 Completion Audit and External Monitoring A RAP Completion Audit will be undertaken not later than five years after after the completion of implementation of the resettlement and compensation plan. The key objective of completion audit, is to evaluate whether the outcome of the RAP conforms with the WB’s involuntary resettlement policy; to determine whether ZUSP’s efforts to restore the living standards of the affected population have been well conceived and executed; to verify if all physical inputs committed in the RAP have been delivered and all services provided and to evaluate whether the mitigation actions prescribed in the RAP have had the desired effect. The socio-economic status of the affected population, including the host population, will be measured against the baseline conditions of the population before displacement, as established through the census and socio-economic studies. The findings and recommendations of the completion audit will be undertaken as the concluding activities of the resettlement. 98 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council Table 18: Monitoring Plan SN Component Social Economic Indicators Means of Monitoring Frequency/ Responsible Impact Timing Team Quantitative Qualitative 1 Compensation Loss of Number of PAPs already -Timely and Development and The first 6 Compensation houses/structures, compensated against adequate maintenance of a weeks of team /Municipal crops/economic outstanding compensation of compensation dossier compensatio council trees, land and compensation or the affected recording PAP’s n communal/institutio resettlement contracts. properties affected asset, nal assets compensation agreed upon and received. The number of 2 Grievances Number of -All legitimate Development and Quarterly -Municipal contentious cases out legitimate grievances rectified maintenance of Council of the total cases grievances rectified grievance log sheet -Satisfaction of the -Consultant aggrieved people -Local government General relations 3 Stake-holders Number of meetings Maintainance of Quarterly Project between the participation carried out in the database on Management project and the project area stakeholder local communities engagement activites Number of people against stakeholder consulted / participated engagement plan 4 Assistance to Impact to -The number of Living standards of Maintainance of Semi-annual Project vulnerable vulnerable people vulnerable group vulnerable people database on conditions Management groups received any form of of vulnerable people assistance impacted by the projects (livelihood, -Number of complaints nutrition, health etc.) from the affected vulnerable groups 99 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council SN Component Social Economic Indicators Means of Monitoring Frequency/ Responsible Impact Timing Team Quantitative Qualitative 5 Community Disruption/impact Number of replaced All affected services -Annual survey reports Quarterly -Project Services / on Community/institutional are back into Management institutional community/public assets against affected normal -Municipal Office assets services by the project -Local government 6 Community Disrupted/disintegr Number of maintained Maintenance of Annual survey reports Annually Project cohesion and ation of community community ties against community Management relations /family networks those disrupted/ relations and ties disintegrated. 7 Training and Impacts on -Number of trainings -Participation of -Project development Semi-annual -Project Employment livelihoods carried out. locals in project report Management activities - Survey reports -Contractor -Number of impacted -Imroved locals recruited and performance on employed by the project activities project 100 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council 10 RAP IMPLEMENTATION 10.1 Institutional Arrangements System C project will use the the existing institutional arrangements for RAP implementation that were established during preparations of previous RAPs (Kibele Land fill project and other completed drainage systems). These existing institutions that will pay a key role in RAP implementation processes at different levels and times include but not limited to; Ministry of Finance and Planning Responsible for the overall management of Zanzibar Urban Sector Project (ZUSP) activities, offering overall coordination and technical support to participating institutions i.e. Zanzibar Municipal Council (ZMC) and Stone Town Conservation Development Authority (STCDA) and Department of Urban and Rural Planning (DoURP). ➢ ZMC - Takes the primary duty of implementing own sub-projects including environmental and social safeguards, and reporting requirements. ➢ Department of Urban and Rural Planning (DoURP) - is responsible for planning and overseeing implementation of prioritized and approved urban upgrading infrastructure. ➢ ZUSP (PMT) • Overall coordination and technical support to participating institutions through Project Management Team (PMT) under the directorate of Policy, Planning and Research in for the implementation of all World Bank supported projects. Planning and implementing the RAP consultation processes, including providing regular information on the status of the resettlement to the affected parties, other residents and stakeholders. In this regard ZUSP will work in close cooperation with the RAP Team; • Conduct property valuation and and mapping of affected land to identify affected households and establish magnitude of project impacts in accordance with the Zanzibar Legal Framework and Project standards. • Finance resettlement and compensation and implement RAP including delivery of entitlements to PAPs. • Together with the Shehia Councils and institutions at higher levels, attend to any grievances resulting from the land acquisition process and seek a legal expert (if required); • Ensuring that proposed livelihood restoration measures are developed, implemented and sustainable, in particular the restoration of livelihoods of vulnerable households; • Implement the procedures and measures outlined in the RAP and monitor RAP implementation process. 101 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council Ministry of Land, Housing, Water and Energy - Is the principal ministry responsible for land management and land delivery (planning and processing, allocating and registering land) through departments of the Mommission for Lands and its departments. The ministry is also responsible with environmental management (ZEMA and Department of Environment - DoE); Water management and supply-ZAWA; Electricity supply –ZECO; and Utility regulatory - ZURA. President Office, Regional Administration, Local Government and Special Department Responsible for coordination and administration of the connection between different levels of the government i.e. regional administration, district administration and local government; municipal council, town council and village / (shehia) council. Urban and West ‘B’ District Councils: • Notifying the affected Ward and Shehia Council of the proposed Project. • Advise Shehia Council on the management of public land. • Participate in the land and asset valuation process. Ward level: • Advisory services to Shehia Council. • Review and approve compensation schedules (Ward Committee). Shehia Councils: • Participate in Project consultation and disclosure meetings. • Mobilise affected households and provide feedback / notification to PAPs on project related issues. • Participate in identification of affected households and witness property valuation exercise. • Participate and witness land survey and mapping of project area. • Support PAPs during the preparation and submission of their compensation claims. • Witness the compensation payment process. • Support ZUSP in the land acquisition process and during registration of the relocation site. • Participate in RWC meetings. RAP Committees There are three RAP Committees as follows; a. RAP Management Committee. This committee is chaired by The Principle Secretary of the Ministry of Finance and Planning. It has seven (7) members from ZMC, District office, and Ministry of Finance and Planning. o From ZMC: Environmental/Sanitary Engineer (1) and Community Development Officer (1) 102 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council o From District Office: District Commissioner (1), Monitoring & Evaluation Officer (1) and Planning Officer (1) o From the Commission of Land: Valuer (1), Surveyor (1) b. The Community RAP Committee The committee has eight members (8) as follows: o Councilor (1), Sheha (1), Shehia committee members (4) and (2) PAPs representatives (a woman and a man). c. Grievance Committee The Grievance committe consist of Sheha, Shehia Advisory Committee, The DC and other members from the district functional department (i.e. Land Officer/Valuer in case of land disputes), and a representative of the complainant and the defendant. This committee is chaired by The DC. 10.2 Delivery of Entitlements ZUSP in collaboration with ZMC, district councils and shehas will post notices in the affected areas advising PAPs to collect their compensation payments from designated places i.e. either from the ZUSP Office for those being paid by cheque and from the specified banks (for those will be paid via banks). The office should prepare a written record, to be signed by the PAP, indicating that the PAP has received the payment. PAPs without bank accounts including those in vulnerable group will be assisted by ZUSP in collaboration with local government authorities (Shehia and ward officials) to open bank accounts. Once the account is opened and compensation is credited to the appropriate account, each PAP shall be informed of the transaction. Once compensation payments have been made to PAPs, they will be notified immediately after receiving their compensation packages to begin the process of salvaging any materials from demolished structures such as metal/wooden frames, roofing iron sheets and bricks and farmers will be given notice to harvest their crops. In addition to these activities, the RAP team shall work with communities to ensure effective restoration of pre-project levels. 10.3 Time Plan/ Schedule An indicative time schedule for finalizing and implementing the RAP is presented in figure 30 below. The schedule will be reviewed prior the finalization of the RAP report. Changes in Project implementation schedules could impact on the implementation of the RAP. It is essential that the RAP implementation structures are established in good time for staff to reach a complete understanding of the RAP. Arrangements have to be made for the necessary capacity building of the RAP implementation structures to ensure that role-players involved in RAP implementation understand the requirements of implementation schedules. 103 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council Figure 15: Rap Implementation Schedule MONTH RAP TASKS 1 2 3 4 5 6 7 8 9 10 11 12 Approval of draft RAP by ZUSP and WB Public disclosure of RAP report Establish RAP implementation structures and mechanisms (such as Steering Committee, Grievance Procedure, M&E) Introduce RAP implementation structures to affected communities Disclosure of Compensation amounts to PAPs [Allow time for resolving appeals] Sign-off on individual compensation packages and compensation amounts by PAPs (Compensation Agreement Form) Financial literacy training to PAPs as initial stage of receiving their compensations Assist PAPs receiving monetary compensations to open individual bank accounts in which compensation money shall be disbursed. Undertake payments of monetary compensation Sign-off documents acknowledging acceptance and receipt of monetary compensation (Proof of Payment-PoP) and allow the contractor to enter the site by signing Letter of Undertaking (LoU). Issue notice to vacate to PAPs. Allow time for them to demolish their strustures, salvage any building materials and harvest standing crops if any. Construction of temporary community facilities Provide physical support to vulnerable PAPs (the elderly, disabled and chronically sick) and arrange for transportation to move their goods to their new homes using their shifting allowances. Start of civil works on construction of Drainage System C project 104 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council MONTH RAP TASKS 1 2 3 4 5 6 7 8 9 10 11 12 Start formal monitoring of resettlement implementation LEGEND: RAP finalization Resettlement site development Compensation payments Physical relocation of PAPS Livelihood restoration Monitoring and evaluation civil works on construction of Preparations on RAP Implementation Drainage System C NB: Grievance redress; stakeholders consultations and engagement are continuous processes throughout RAP implementation. 105 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council 11 RAP COSTING AND BUDGET RAP budget is prepared in order to carefully assess and estimate costs to be incurred on RAP preparation and implementation. In this RAP, quantities and unit costs per item are based on magnitudes of displacement-related impacts (as defined in Chapter 5 above), as well as on the eligibility considerations and entitlement matrix outlined in Chapter 7. Therefore, this budget has been prepared by taking into account the costs of compensation for lost assets (land, buildings, crop and trees) and their associated allowances (accommodation, loss of profit, transport and disturbance allowances).The budget also included special assistance to the vulnerable groups identified during the surveys; programs for livelihood restorations; management and administration costs and contingencies. In addition to that as costs for consultancy services (RAP preparation and hired service providers for implementing RAP activities); and monitoring and evaluation costs for a period of three years by internal implementing teams (ZUSP and ZMC) and external monitors are also included. Based on the above items, the RAP implementation cost is calculated as TZS 2,561,284,573.20 (Tanzanian Shillings; Two Billion Five Hundred Sixty One Million Two Hundred Eighty Four Thousand Five Hundred and Seventy Three and Twenty Cents). Table 19: RAP Budget SN. Item Cost TZS Quantity Source of Fund Channel of Timing (Affected Disbursement Assets) 1 Compensation of 8,378,410.00 351 A credit finance ZUSP April-June, Crops and trees advanced to the 2018 RGoZ by the World Bank under the ZUSP 2 Compensation of 1,630,763,474.00 162 A credit finance ZUSP April-June, Buildings advanced to the 2018 /structures RGoZ by the World Bank under the ZUSP 3 Compensation of N/A A credit finance ZUSP April-June, Community/ advanced to the 2018 institutional RGoZ by the assets World Bank under the ZUSP 4 Allowances 465,714,695.00 194 A credit finance ZUSP April-June, (accomodation, advanced to the 2018 transport, loss of RGoZ by the profits and World Bank disturbance under the ZUSP allowance) Sub Total 2,104,856,578.00 106 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council SN. Item Cost TZS Quantity Source of Fund Channel of Timing (Affected Disbursement Assets) NON IDENTIFIABLE PAPs 5 Compensation of 425,100 .00 3 A credit finance ZUSP April-June, Crops and trees advanced to the 2018 RGoZ by the World Bank under the ZUSP 6 Compensation of 6 A credit finance ZUSP April-June, Buildings 16,997,000.00 advanced to the 2018 /structures RGoZ by the World Bank under the ZUSP 7 Allowances 326,343,768.00 7 A credit finance ZUSP April-June, (accomodation, advanced to the 2018 transport, loss of RGoZ by the profits and World Bank disturbance allowance) under the ZUSP Sub Total 23,765,868.00 8 Other 100,619,099.35 194 A credit finance ZUSP April-June, resettlement advanced to the 2018 assistance (5% of RGoZ by the total World Bank compensation under the ZUSP cost) 9 Management / 301,857,298.05 N/A A credit finance ZUSP April-June, administration advanced to the 2018 monitoring & RGoZ by the evaluation World Bank assistance (15% under the ZUSP of total compensation cost) 10 Contingency 30,185,729.81 N/A A credit finance ZUSP April-June, (10% of advanced to the 2018 Management / RGoZ by the administration World Bank cost) under the ZUSP Sub Total 432,662,127.21 Grand Total 2,561,284,573.20 107 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council 12 CONCLUSION AND RECOMMENDATIONS This Resettlement Action Plan, aims at combating the severe flooding problem in Urban and Urban West B districts as one way of improving quality of life among the local communities. The RAP has taken into consideration the viability of the project in relation to potential impacts of involuntary resettlement as the major Project’s disadvantage to both, people and infrustructures. Therefore, it is recommended that this resettlement action plan should be properly implemented inorder to minimize resettlement impacts and achieve the desired project objectives. The RWC should be well formulated and be constituted in such a manner as to be regarded as the primary representative voice of the affected persons. This report should be read in conjuction with Valuation Report which give the detailed information on the affected assets. 108 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council REFERENCES RGoZ, (2013), The Zanzibar Environmental Policy, 2013 RGoZ, (2011), The Zanzibar Disaster Management Policy (2011) RGoZ, (2011), The National Health Policy (2011) RGoZ, (1984), The Zanzibar Constitution, 1984 RGoZ, (1977), The Constitution of the United Republic of Tanzania, 1977 RGoZ, (1992), The Land Tenure Act No 12, 1992 (Amendment, Act No. 15 of 2003) RGoZ, (1992), The Land Tenure Act, No. 12 of 1992 (Land Allocations Regulations 2008) RGoZ, (1990), The Land Survey Act No. 9 (1990) RGoZ, (2015), The Zanzibar Environmental Management Act, 2015 RGoZ, (2004), The Labour Relations Act, 2004 RGoZ, (2014), The Zanzibar Local Government Authority Act of 2014 RGoZ, (2002), The Ancient Monuments Preservation Act, 2002 RGoZ, (2008), The Land Tribunal Act, No. 7, 1994; Amendment Act, No 1 of 2008 RGoZ, (2015), The Valuers Registration Act, 2015 World Bank (2004), Involuntary Resettlement Policy OP 4.12 (Revised April 2013) (Anti-Discrimination Board of Australia, 2007) Corporate Social Responsibility Initiative, 2008 Inventory Acc.942 Papers of Sir John Kirk GCMB KCB and Lady Kirk née Helen Cooke. National Library of Scotland: Manuscripts Division. URT, (2002), The Land (Assessment of the Value of Land for Compensation) Regulations, 2001 and the Village Land Regulations, 2002 URT, (2003), The Environmental and Social Management Framework and Resettlement Policy Framework for the Local Government Support Programme (LGSP), 2003. URT, (2003), The Participatory Agriculture Development and Empowerment Project (PADEP), Resettlement Policy Framework: February 2003 Davidson F. et al (1993) Relocation and resettlement manual: a guide to managing and planning resettlement. IHUD, Rotterdam IFC (2002), Handbook for Preparing a RAP, International Finance Corporation, 2121 Pennsylvania Avenue, NW, Washington, DC 20433 USA 109 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council ANNEXES ANNEX 1: GUIDE QUESTIONS FOR PERSONAL INTERVIEWS WITH SHEHIA/WARD LEADERS 110 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council 111 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council 112 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council 113 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council ANNEX 2: GUIDE QUESTIONS FOR FOCUSED GROUP DISCUSSIONS 114 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council ANNEX 3: CENSUS/SOCIO-ECONOMIC SURVEY FORM 115 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council 116 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council 117 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council 118 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council 119 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council 120 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council 121 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council 122 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council 123 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council 124 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council 125 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council 126 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council 127 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council 128 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council ANNEX 4: GRIEVANCE STATEMENT FORM Grievance Form. (2 original forms shall be filled: 1 for the Complainant, 1 for Contractor) Grievance Reference number: Date: Company and name of the Liaison Officer (person who have received the grievance): Complainant name and position: Complainant address, mobile phone, email: Description of the grievance (describe precisely if the grievance is related to an incident or other tangible impact): Category of grievance (Road safety, Land access, Employment, Social conduct and security, Environmental Health, Cultural heritage etc.) Reception Signature of Complainant: Signature of Liaison Officer Signature of Witness: Date: Resolution Resolution (Directly resolved or not) Signature for acceptance, if immediate resolution Amount of Compensation, if immediate payment 129 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council FEEDBACK FORM Grievance Reference number: Date: Incident/Comment/query: Follow-up actions/response taken: Further follow-up action required? Name (of the Liaison Officer/person Signature: Date: who have received the grievance): 130 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council ANNEX 5: COMMUNITY MEETINGS ATTENDANCE SHEETS A. SHEHIA OF AMANI 131 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council 132 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council 133 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council SHEHIAS OF MAPINDUZI AND MKELE 134 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council 135 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council SHEHIA OF SOGEA 136 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council B. SHEHIAS OF MUUNGANO AND MIKUNGUNI 137 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council 138 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council C. SHEHIA OF SEBLENI 139 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council 140 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council D. SHEHIA OF KWA ALAAMSHA 141 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council 142 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council E. SHEHIA OF NYERERE AND KWA WAZEE 143 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council 144 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council F. SHEHIAS OF MIKUNGUNI AND MAKADARA 145 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council 146 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council G. SHEHIAS OF JITIMAI, MAGOGONI AND MWANAKWEREKWE 147 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council 148 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council ANNEX 6: COMPENSATION RATES A. CROPS AND ECONOMIC TREES 149 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council 150 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council 151 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council 152 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council 153 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council 2. CONSTRUCTION RATES Location Construction rate Land value Kwerekwe 300,000- 500,000 per sqm 100,000 – 200,000 per sqm (plan) Kwerekwe along the road 500,000 – 1,000,000 per sqm 250,000 – 400,000 per sqm (plan) Raha leo Bei ya nyumba ya chini 25,000,000.00 – 100,000,000.00 Jang’ombe Bei ya nyumba za chini Bare plot 50,000 – 400,000 per sqm. 15,000,000- 60,000,000 Tunguu 5,000,000- 20,000,000 Fumba 50,000 – 100,000 per sqm. Mtendeni 700,000 -1,000,000 per sqm Kiembe samaki 40,000,000 – 200,000,000 Mombasa (plan) 300,000 - 500,000 per sqm 30,000,000 – 80,000,000 Kiponda 100,000,000 - 150,000,000 Mazizini 400,000- 1,000,000 per sqm Mtoni 300,000 – 500,000 per sqm Saateni 15,000,000 – 50,000,000 per house Kilimani 400,000 – 750,000 Nyumba 25,000,000– 45,000,000 Kilimani Beach Plot 250,000 – 200,000 per sqm Mazizini Beach Plot 400,000 – 300,000 per sqm Mbweni 200,000- 400,000 per sqm Maungani - kisauni 20,000- 10,000 per sqm Chukwani 40,000,000 – 250,000,000 (plan) Jambiani kikadini – kiwanja cha 50,000/= - 30,000/= per sqm kijijini Jambiani kikadini - kiwanja cha 150,000/= 300,000/= per sqm bichi Matemwe 150,000 - 300,000 per sqm Nungwi 200,000 – 450,000 per sqm Kiwengwa 150,000 – 350,000. Per sqm Paje 100,000- 250,000 per m sqm Kama 10,000 – 40,000 per sqm Chuini beach resting house 300,000,000.00 (imeuzwa mwaka 50,000 – 150,000 per m2 2014) 154 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council Location Construction rate Land value Karibu na eneo la Ali Sultan Peri urban nyumba (semi planned area) 25,000,000 – 80,000,000 BEI ZA MASHAMBA NA VIWANJA Kisauni, maungani, Bweleo, 10,000 – 30,000 per sqm shakani Kitope, kiboje, kianga, mwera 50,000,000 – 80,000,000.00 (fertile area) per acre Ndijani 20,000,000 – 45,000,000.00 Fuoni 25,000 – 40,000.00 per sqm Fuoni along the road 40,000 – 100,000 per sqm Fumba 50,000 – 200,000 per sqm 155 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council 3. LAND RATES LOCATION LAND VALUE PER SQM TZS Stone Town 1,800,000.00 – 1000,000.00 Michezani Flati 65,000,000.00 – 55,000,000.00 per apartment Kikwajuni Flati 70,000,000.00 – 55,000,000.00 per apartment Kilimani Flati 40,000,000.00 – 28,000,000.00 per apartment Kwamchina flati 90,000,000.00 – 75,000,000.00 per apartment Kilimani along the road 650,000.00 – 450,000.00 Mlandege along the main road 1,800,000.00 – 1,500,000.00 Mlandege along the street 450,000.00 – 150,000.00 Mtendeni along the fider road 100,000,000.00 – 600,000.00 M/Tanga along the street 450,000.00 – 150,000.00 Rahaleo along the main road 700,000.00 – 500,000.00 Rahaleo along the street 400,000.00 – 150,000.00 Vikokotoni along the fider road 1,200,000.00 – 800,000.00 Kikwajuni, Gongoni, Kisiwandui and the same 80,000,000.00 -70,000,000.00 locality, single storey house of Swahili type. Vikokotoni along the street 450,000.00 – 150,000.00 Gulioni along the main road 1,200,000.00 – 700,000.00 Gulioni along the street 450,000.00 – 150,000.00 Kikwajuni along the fider road 700,000.00 – 500,000.00 Kikwajuni along the street 400,000.00 – 150,000.00 Miembeni and Mwembeshauri along the main 700,000.00 – 450,000.00 road Miembeni and mwembeshauri along the 400,000.00 – 100,000.00 street Mpendae planned and Surveyed 400,000.00 – 150,000.00 Mpendae un-planned 250,000.00 – 100,000.00 156 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council Jangombe along the main road 700,000.00 – 450,000.00 Jangombe along the street 200,000.00 – 100,000.00 Magomeni along the main road 500,000.00 – 300,000.00 Magomeni along the street 250,000.00 – 150,000.00 Muungano, Mkele, Kibandamaiti, 700,000.00 – 500,000.00 Mwembenjugu, Begamoja, Mwembeladu, Kariakoo, Kwaalamsha, Mikunguni along the main road Muungano, Mkele, Kibandamaiti, 350,000.00 – 150,000.00 Mwembeladu, Kariakoo, Kwaalamsha, Mikunguni along the street Kisauni 100,000.00 – 15,000.00 Maungani 100,000.00 – 10,000.00 Shakani 50,000.00 – 10,000.00 Bweleo beach Plot 150,000.00 – 50,000.00 Bweleo 50,000.00 - 30,000.00 Fumba beach Plot 250,000.00 – 150,000.00 Fumba 100,000.00 - 30,000.00 Kiembesamaki 100,000.00 – 50,000.00 Mazizini 650,000.00 – 450,000.00 Mombasa planned and Surveyed 250,000.00 – 100,000.00 Mombasa un-planned 100,000.00 – 50,000.00 Tunguu un-planned 40,000.00- 8,000.00 Mwana-kwerekwe along the main road 650,000.00 – 350,000.00 Mwana-kwerekwe planned and Surveyed 300,000.00 -100,000.00 Mwanakwerekwe unplanned and surveyed 150,000.00 – 50,000.00 Amani, Magogoni and nyerere along the main 500,000.00 – 200,000.00 road 157 DON CONSULT LTD NOVEMBER 2018 Resettlement Action Plan (RAP) Report For The Proposed Construction Of Storm Water Drainage System C, Including Mwanakwerekwe Basin For Zanzibar Urban Municipal Council Amani, magogoni and Nyerere along the 150,000.00 – 50,000.00 street Fuoni along the main road 150,000.00 – 80,000.00 Fuoni 80,000.00 – 20,000.00 Kwarara 25,000.00 – 10,000.00 Kijito upele 80,000.00 – 10,000.00 Mtoni and Sharifumsa along the beach 500,000.00 – 450,000.00 Mtoni and Sharifumsa along the main road 350,000.00 – 250,000.00 Mtoni and Sharifumsa along the street 100,000.00 - 20,000.00 Maruhubima godown 150,000.00 – 100,000.00 Mwanyanya 100,000.00 – 20,000.00 Kama, Bububu and Chuini along the beach 200,000.00 – 150,000.00 Kama, Bububu and Chuini unplanned 100,000.00 – 10,000.00 158 DON CONSULT LTD NOVEMBER 2018