THE UNITED REPUBLIC OF TANZANIA PRESIDENT’S OFFICE REGIONAL ADMINISTRATION AND LOCAL GOVERNMENT TANZANIA RURAL AND URBAN ROADS AGENCY (TARURA) RESETTLEMENT ACTION PLAN [RAP] FOR UPGRADING OF WENDA – MGAMA ROAD (19KM) TO APPROPRIATE SEALING STANDARD IN IRINGA DISTRICT – IHEMI CLUSTER. FINAL RAP REPORT DECEMBER 2020 PREPARED BY: SUBMITTED TO: Tanzania Rural and Urban Roads Agency (TARURA) MHANDISI CONSULTANCY LTD 8th Floor, PSPF Dodoma Plaza, UDOM Road, Plot No. 305B, Mikocheni P. O. Box 12965, P.O. Box 11042, Dodoma. Dar es Salaam, Tanzania Telephone: +255 26 29638443 December 2020 Page | Resettlement Action Plan [RAP] for Upgrading of Wenda - Mgama Road (19km) to Appropriate Sealing Standard in Iringa District - Final RAP Ihemi Cluster THE UNITED REPUBLIC OF TANZANIAPRESIDENT’S OFFICEREGIONAL ADMINISTRATION AND LOCAL GOVERNMENT TANZANIA RURAL AND URBAN ROADS AGENCY (TARURA) Consultancy Services for Conducting Resettlement Action Plan [RAP] for Upgrading of Wenda - Mgama Road (19km) to Appropriate Sealing Standard in Iringa District - Ihemi Cluster. MHANDISI Consultancy Limited Plot No. 305B, Mikocheni P. O. Box 12965, Dar es Salaam Tanzania December 2020 PROJECT NO. 3-19-01 Prepared by Reviewed by Approved by Issue Date Ignatius Ngamesha Kasera, P Emmanuel, B December 18th 2020 December 2020 P a g e |i TABLE OF CONTENTS LIST OF FIGURES II LIST OF TABLES III LIST OF ABBREVIATIONS VI EXECUTIVE SUMMARY VII 1. INTRODUCTION 1 1.1.1 People Centered Road Design Philosophy 4 2. SUB PROJECT DESCRIPTION 8 2.1 SUB-PROJECT LOCATION 8 2.2 VILLAGES IN THE PROJECT AREA 9 2.3 PROJECT ACTIVITIES LEADING TO INVOLUNTARY TAKING OF LAND 10 2.4 INSTITUTIONAL ARRANGEMENT FOR LAND ADMINISTRATION AND COMPENSATION 10 2.5 CAPACITY BUILDING 13 2.5.1 Institutional capacity needs 13 3. GUIDING PRINCIPLES, ELIGIBILITY AND ENTITLEMENT 14 3.1 PRINCIPLES GUIDING RESETTLEMENT OF PAPS 14 3.2 PAPS CATEGORIES 16 3.2.1 Affected Individual 16 3.2.2 Affected Household 16 3.2.3 Affected Local Community 16 3.2.4 Vulnerable persons 16 3.2.5 Additional Assistance for Vulnerable PAPs 16 3.3 ELIGIBILITY 18 3.4 ENTITLEMENTS 19 3.5 FORMS OF COMPENSATION AND CALCULATIONS 20 3.5.1 Basis of valuations 21 3.5.2 Methods of Compensations 22 3.5.3 Valuation for Compensation Payment 22 3.6 CUT-OFF DATE 23 4. SOCIO ECONOMIC SURVEY OF THE PROJECT AFFECTED PERSON 24 4.1 SOCIO ECONOMIC PROFILE OF THE PAPS 24 4.1.1 Sex of the Household Headship 24 4.1.2 Age and Sex of the PAPS 24 4.1.3 Educational level of the PAPs 26 4.1.4 PAPS Income Per Year 26 4.1.5 Income sources 27 4.1.6 Ethnicity and Religion 28 4.1.7 Housing Pattern 28 4.1.8 Availability and distance to social services 29 4.1.9 Graves 29 There are two graves that need to be relocated and are found within the road 29 4.1.10 Land tenure 29 4.1.11 Vulnerable groups or persons requiring special provisions 30 4.2 LIVELIHOOD ACTIVITIES 30 December 2020 Page | Resettlement Action Plan [RAP] for Upgrading of Wenda - Mgama Road (19km) to Appropriate Sealing Standard in Iringa District - Final RAP Ihemi Cluster 4.2.1 Agriculture 30 4.2.2 Livestock keeping 30 4.2.3 Wage employment 31 4.2.4 Business/trade 31 4.3 SOCIAL SERVICES 31 4.3.1 Health Facilities 31 4.3.2 Transport 31 4.4 LIVELIHOOD RESTORATION 31 4.4.1 Non land-based restoration and improvement 32 4.4.2 Implementation 33 5. STAKEHOLDERS ENGAGEMENT AND INFORMATION DISCLOSURE 34 5.1 METHODS OF STAKEHOLDER’S PARTICIPATION 34 5.1.1 Household Interviews 34 5.1.2 PAPs consultations 35 5.2 SUMMARY OF THE STAKEHOLDER’S VIEWS AND CONCERNS 36 6. RESETTLEMENT IMPACT 37 6.1 ANTICIPATED IMPACTS 37 6.1.1 Loss of structures 37 6.1.2 Loss of productive land 37 6.1.3 Loss of Permanent crops and trees 37 6.1.4 Loss of Graves 38 6.2 OTHERS UNINTENTIONALLY IMPACT 38 6.3 AFFECTED ASSETS 38 7. RAP IMPLEMENTATION BUDGET 40 7.1 RAP IMPLEMENTATION BUDGET 41 8. MANAGEMENT OF GRIEVANCES AND DISPUTES 42 8.1 DISPUTES PROCEDURES UNDER EXISTING LAWS 42 8.2 REDRESS AND GRIEVANCE MECHANISM UNDER THIS RAP 42 8.2.1 Grievance Committee 43 8.2.2 Grievance Mechanism Procedures 43 9. RAP PREPARATION AND IMPLEMENTATION STEPS 45 9.1 COMPENSATION AND RESETTLEMENT SCHEDULING 45 10. MONITORING AND EVALUATION 47 10.1 EVALUATION 47 10.2 MONITORING AND EVALUATION INDICATORS 47 10.3 AUDITS 49 11. REFERENCES 51 12. APPENDICES 52 December 2020 P a g e |i List of Figures Figure 2-1General Location Plan.....................................................................................................................8 Figure 2-2Villages along the Project Road ......................................................................................................9 Figure 2-3Villages along the Project Road whose some of houses may be affected during the implementation of the project...............................................................................................................................................9 Figure 4-1 Sex composition of the PAPs .......................................................................................................24 Figure 4-2 Age and Sex Category of the PAPs..............................................................................................26 Figure 4-3 Educational level of the PAPs ......................................................................................................26 Figure 4-4 PAPs Income Per Year.................................................................................................................27 Figure 4-5 Income Sources of the PAPs ........................................................................................................28 Figure 4-6:Housing condition in the project area ..........................................................................................28 Figure 4-7:Existing graves at Mgama............................................................................................................29 Figure 5-1 PAPs meetings in the project area................................................................................................35 December 2020 P a g e | ii List of Tables Table 2-1 :Institutional Framework ...............................................................................................................10 Table 3-1 Criteria for Eligibility ....................................................................................................................18 Table 3-2 Entitlement Standards for the PAPs Wenda - Mgama Road .........................................................19 Table 5-1 Summary of issues/concerns and response....................................................................................36 Table 6-1 Project Impacted Assets and Magnitude of Impact .......................................................................39 Table 7-1 Consolidated Valuation Summary Wenda-Mgama Road..............................................................40 Table 7-2 RAP Implementation Budget .......................................................................................................41 Table 8-1 Grievance Redress Procedure ........................................................................................................43 Table 9-1 Compensation and Resettlement Scheduling ...............................................................................45 Table 10-1 Indicators for monitoring and evaluation ....................................................................................48 December 2020 P a g e | iii Resettlement Action Plan [RAP] for Upgrading of Wenda - Mgama Road (19km) to Appropriate Sealing Standard in Iringa District - Final RAP Ihemi Cluster LIST OF ABBREVIATIONS CDO Community Development Officer DGRC District Grievance Redress Committee EMO Environmental Management Officer ESIA Environmental and Social Impact Assessment ESS Environmental and Social Standard GoT Government of Tanzania LGA Local Government Authority MFP Ministry of Finance MLHHSD Ministry of Lands Housing and Human Settlements Development MoWTC Ministry of Works Transport and Communication NTP National Transport Policy OSHA Occupation Health and Safety PAP Project Affected Persons PO-RALG President Office Regional Administration and Local Government RAP Resettlement Action Plan RISE Roads to Inclusion and Socioeconomic Opportunities SAGCOT Southern Agriculture Corridor Tanzania TANROADS Tanzania National Roads Agency TARURA Tanzania Rural and Urban Roads Agency VEO Village Executive Officer WB World Bank WEO Ward Executive Officer December 2020 Page vi Resettlement Action Plan [RAP] for Upgrading of Wenda - Mgama Road (19km) to Appropriate Sealing Standard in Iringa District - Final RAP Ihemi Cluster Executive Summary i. Title and Location of the Proposed Project Resettlement Action Plan [RAP] for Upgrading of Wenda - Mgama Road (19 km) to Appropriate Sealing Standard in Iringa District - Ihemi Cluster. ii. Name of the Developer and Contact Details Tanzania Rural and Urban Roads Agency (TARURA) 8th Floor, PSSSF Dodoma Plaza, UDOM Road, P.O. Box 11042, Dodoma. Telephone: +255 26 29638443 iii. Name of the Consultant MHANDISI CONSULTANCY LTD Plot No. 305B, Mikocheni P. O. Box 12965, Dar es Salaam, Tanzania iv. Brief Outline and Justification of the Project The World Bank is currently preparing the RISE Program, in collaboration with the Government of Tanzania (GoT) through its executive agencies, the Tanzania Rural and Urban Roads Agency (TARURA) and Tanzania National Roads Agency (TANROADS), whose objective is “to improve road connectivity and access in support of livelihoods of rural population, both male and female, in selected rural areas, and build capacity in the sustainable management of rural roads” through the upgrading and maintenance of rural roads and providing sustained support to TARURA. The RISE project is a nationwide one in scope and is earmarked for maintenance and spot improvements for the rural network, despite the fact that initially it will concentrate on the IHEMI Cluster within the SAGCOT framework which includes Iringa (Rural), Mufindi and Kilolo districts in Iringa Region. The IHEMI cluster not only presents one among the highly agricultural potential area in Tanzania but also presents an area with high level of poverty. The Wenda - Mgama Road will be designed around a concept of “People Centered Road Design” that involves engaging, and protect the road users. The People Centred Road Design considers the requirement of all road users with preference to pedestrian and vulnerable groups so as to ensure safety to all types of the road users in contrast to the traditional approach of road design which mostly considers motor vehicles. v. Objective of the RAP The main objective of this RAP is to provide an agreed plan for the resettlement and compensation of persons affected by Wenda - Mgama road upgrading. The plan provides a road map for resettlement and compensation of the PAPs and assets they own or use. vi. Methodology Preparation of this RAP involved combination of various methodology which includes deskwork review and field visits. Participatory methods include, an inventory of assets using questioners for household census and public meetings with Project Affected Persons (PAPs). vii. Affected Assets The project will affect 53 PAPs with 148 compensable assets as follows; Developed Residential structures 36, Residential structures not in use 10, Land holders 39, Permanent trees 27, Commercial structures (Stall-wooden) 17, Residential and commercial 6, December 2020 Page vii Resettlement Action Plan [RAP] for Upgrading of Wenda - Mgama Road (19km) to Appropriate Sealing Standard in Iringa District - Final RAP Ihemi Cluster Annex Structures 6, Fences 3, Public Community structures (cell)1,Public community land (cell)1 and Graves 2. viii. RAP budget The total compensation costs that will be provided under this RAP, as per Compensation schedules for PAPs with compensable assets is Tsh 559,039,000 .000 ix. RAP Implementation The implementing agency (TARURA) is to prepare a time schedule that indicates how the resettlement activities are linked to the implementation of the overall project. A time-bound implementation schedule of all activities relating to land acquisition and payment of compensation will be included in this RAP for Wenda -Mgama Project. The schedule includes target dates for the achievement of expected benefits to PAPs and terminating the various forms of assistance. Payment of compensation should be completed at least one month prior to land acquisition. If there is a delay of one year or more between land or asset valuation and payment of compensation, compensation rates will be adjusted for inflation or other cost factors. x. Monitoring and Evaluation RAP implementation will be closely monitored to provide TARURA an effective basis for assessing resettlement progress and to identify potential difficulties and problems. Broadly, the Monitoring and Evaluation system will involve administrative monitoring, including but not limited to: daily planning, implementation, feedback and troubleshooting, progress reporting. Monitoring the progress of RAP execution will be carried out through internal monitoring processes by TARURA and through external monitoring involving other agencies as may be deemed appropriate. December 2020 Page viii Resettlement Action Plan [RAP] for Upgrading of Wenda - Mgama Road (19km) to Appropriate Sealing Standard in Iringa District - Final RAP Ihemi Cluster 1. INTRODUCTION 1.1 Project Background Rural connectivity remains a major development challenge for Tanzania which has a low Rural Access Index (RAI), indicator that measures the fraction of people who have access to an all-season traversable road within a walking distance of 2 kilometers. The RAI for Tanzania, according to a recent study, is estimated at 24.6%, as compared to those of neighboring East African sister countries of Kenya and Uganda at 56% and 53%, respectively. This means that over three quarters of Tanzania’s population remain unconnected to an all-season traversable road. With 70 percent of Tanzania’s population being rural this figure equates to approximately 33 million of rural people. Despite, an overwhelming majority of Tanzania’s Trunk Road network, about 89%, is in good condition, substantial portion of the regional and district roads are in poor condition. Tanzania’s total network size is 144,000 km comprising 35,000km of trunk and regional roads. It is estimated that 26% of regional and 43% of district roads are in poor conditions. The recently approved National Transport Policy (NTP) of 2016, estimates that between 20,000 to 30,000 km of the classified tertiary network (totaling 56,000km) are not passable by normal motorized vehicles during the rainy season. The NTP acknowledges the critical role of rural roads in Tanzania’s development and aims to address the rural accessibility challenges through the improvement of rural transport infrastructure. Many of the agriculturally-rich areas in Tanzania remain unconnected year-round, owing to missing or unreliable road links, which have been hampering the extraction of full agriculture potentials from those areas and exacerbating transportation costs. Also, the rural roads are crucial for accessing social (e.g. schools, health centers) and economic (e.g. markets, employment centers) services and facilities. This Resettlement Action Plan (RAP) is part of the process for compliance with Tanzania laws (Land Act, village land act etc.) governing resettlement and compensation, with the requirements of the World Bank’s Environmental and Social Framework. In addition, this RAP has been prepared in line to the Resettlement Policy Framework (RPF) for the RISE Program. This RAP points out the resettlement measures needed to mitigate involuntary resettlement i.e taking of land and other properties that are associated with the implementation of the Wenda - Mgama Road (19km) project which is part of the implementation of the “Roads to inclusion and Socioeconomic Opportunities (RISE) Program”. 1.2 The RISE Program The Government of Tanzania (GoT) through its executive agencies, the Tanzania Rural and Urban Roads Agency (TARURA) and Tanzania National Roads Agency (TANROADS), is currently preparing the RISE Program, with support from World Bank (WB). The RISE objective is “to improve road connectivity and access in support of livelihoods of rural population, both male and female, in selected rural areas, and build capacity in the sustainable management of rural roads” through the upgrading and maintenance of rural roads and providing sustained support to TARURA. The RISE project is a nationwide one in scope and is earmarked for maintenance and spot improvements for the rural network, despite the fact that initially it will concentrate on the IHEMI Cluster within the SAGCOT framework which includes Iringa (Rural), Mufindi and Kilolo districts in December 2020 Page 1 Resettlement Action Plan [RAP] for Upgrading of Wenda - Mgama Road (19km) to Appropriate Sealing Standard in Iringa District - Final RAP Ihemi Cluster Iringa Region. The IHEMI cluster not only presents one among the highly agricultural potential area in Tanzania but also presents an area with high level of poverty. The RISE has four (4) components as described below: Component 1: Rural Road Development and Maintenance 1 This component would comprise three mutually reinforcing subcomponents to physically improve rural road access. The component scope includes the development of rural roads (regional and rural district), spot improvements of rural district roads, and the development of community-based sustainable maintenance practices for rural district roads. (a) Subcomponent 1a: Development of Regional Roads. The subcomponent will support upgrading or rehabilitation of regional roads (approximately 170 km) in Iringa Region rural districts (Mufindi, Iringa Rural, and Kilolo) to ensure all-season access. These roads will be improved to a bitumen paved standard, if found justified from economic, social, and environmental viewpoints. The improvement contracts may include performance- based maintenance following the road construction. This subcomponent will be implemented by TANROADS. (b) Subcomponent 1b: Development of Rural District Roads (US$149 million). This subcomponent will support upgrading or rehabilitation of rural district roads (approximately 400 km) to ensure all season access. These roads will be improved to a paved standard using cost-effective surfacing technologies (e.g. Otta-Seal), as justified from economic, social, and environmental viewpoints. The subcomponent will also include support spot-improvements (i.e. improvement of selected short sections) of rural district roads (up to 2,900 km). While the geographical coverage of the upgrading/rehabilitation interventions will be Iringa Region rural districts (Mufindi, Iringa Rural, and Kilolo), zones targeted for the spot improvement interventions will include the rural districts of Southern Highlands and Coastal and South zones.[1] This subcomponent will be implemented by TARURA. (c) Subcomponent 1c: Rural Road Maintenance. The subcomponent will support routine maintenance activities (23,250 km by Program completion) of rural district roads in the Southern Highlands, Coastal and South zones. Local communities will be involved in the routine road maintenance activities through different models for CBRM. This subcomponent will be implemented by TARURA. Component 2: Institutional Strengthening, Human Capital and Project Management and Monitoring The component will support building capacity in the sustainable management of rural roads in Tanzania. The component will primarily focus on TARURA but will also include selected support to other institutions including TANROADS, the MoWTC, and PO-RALG. This component will endeavor to strengthen and capacitate TARURA to achieve its objectives and deliver its functions in a modernized and sustainable way; and to lay out a groundwork for a robust planning and policy framework for delivery of its mandate in the medium and long term. 1 Due to resource constraints, road development activities will be concentrated in the Iringa Region rural districts and spot improvements and routine maintenance will be concentrated in the rural districts of the Southern Highlands, Coastal and South zones of the Agricultural Sector Development Program Phase II rolled out by the GoT in 2018. December 2020 Page 2 Resettlement Action Plan [RAP] for Upgrading of Wenda - Mgama Road (19km) to Appropriate Sealing Standard in Iringa District - Final RAP Ihemi Cluster The component will have five subcomponents: (a) Subcomponent 2a: Rural Road Sector Policy Framework. This subcomponent will assist the GoT with development and updates of policies and strategies relevant to the sustainable management of the rural road subsector. This includes activities and studies associated with the development and implementation of a National Rural Roads Plan and Program and associated policies and strategies and a climate change resilience strategy and action plan for the Tanzania road sector. It will also provide support to selected institutional strengthening activities in PO-RALG and the MoWTC, and it will design of shared facilities and services strategy for TARURA and TANROADS. (b) Subcomponent 2b: Institutional and Administrative Strengthening. This subcomponent will support TARURA’s institutional and administrative strengthening activities to accelerate TARURA becoming an efficient service delivery institution and assist in maximizing its value to the communities. This includes activities that will lead to the development of organization and human resource (HR) and business plans addressing all functional areas and the implementation of these plans, including a functional and institutional review (FIR). (c) Subcomponent 2c: Technical Strengthening. The subcomponent will support the development and implementation of technical strengthening and capacity-building activities for modernized technical rural road asset management systems and processes (planning, design, development, operations, and maintenance) with strong attention to climate resilience. (d) Subcomponent 2d: Road Safety Development. The subcomponent will support a multidimensional approach to strengthen Tanzania’s transport sector capacity for rural road safety management. This will be accomplished through road safety institutional strengthening, inputs to road safety policy framework enhancement, road safety data management system strengthening, and capacity-building activities for road safety. (e) Subcomponent 2e: Project Management, Monitoring and Evaluation. This subcomponent will support strengthening of TARURA’s institutional capacity for successful coordination and implementation of the program. This will include incremental administrative costs for the program delivery (including staff, audits, communications strategy and dissemination, trainings and knowledge exchanges, and other goods and materials necessary for project management); operational support (including consulting and advisory services) for project management; and all activities associated with program monitoring and evaluation and impact evaluation. Component 3: Community Engagement, Inclusion and Protection This cross-cutting component will leverage the impacts of other components by proactively engaging communities by increasing their participation and decision making, especially for women and implementing approaches that will ensure social inclusion and protection while contributing to mitigate and respond to potential social risks derived by the program such as gender-based violence (GBV), 2 HIV/AIDS, and occupational health and safety (OHS). The component will be managed by 2 GBV is an umbrella term for any harmful act that is perpetrated against a person’s will and that is based on socially ascribed (that is, gender) differences between males and females. It includes acts that inflict physical, sexual, or mental harm or suffering and threats of such acts, coercion, and other deprivations of liberty. These acts can occur in public or in private (Inter-Agency Standing Committee 2015). Women and girls are disproportionately affected by GBV across the globe. This Program document will refer to GBV; however, the Program will only mitigate and respond to the forms of GBV that it can specifically exacerbate, that is to say SEA and sexual harassment in the workplace—which has been identified as a risk during the community consultations for the first-generation roads December 2020 Page 3 Resettlement Action Plan [RAP] for Upgrading of Wenda - Mgama Road (19km) to Appropriate Sealing Standard in Iringa District - Final RAP Ihemi Cluster TARURA but with involvement of TANROADS, the MoWTC, or PO-RALG, as applicable. The component has three subcomponents: (a) Subcomponent 3a: Community Engagement. This subcomponent supports activities linked to the design and implementation of proactive policies and activities to involve communities in the program design and monitoring, including targeting low- income women and other groups in a situation of vulnerability; (b) Subcomponent 3b. Community Inclusion. This subcomponent will support the design and implementation of a national model for CBRM for TARURA, with particular emphasis on the participation of low-income women and other groups in a situation of vulnerability; and (c) Subcomponent 3c. Community Protection. This subcomponent finances activities to tackle potentially sensitive community and social risks, specifically GBV risks, including SEA, sexual harassment in the workplace, and HIV/AIDS that can arise from the presence of the program in the intervened areas. Component 4: Contingency Emergency Response (CERC) This component will allow for reallocation of credit proceeds from Component 1 to provide immediate emergency recovery support following an eligible crisis or emergency. An Emergency Response Manual (ERM) was developed during preparation in coordination with TARURA, TANROADS, and the Prime Minister’s Office - Disaster Management Department, considering the fiduciary, safeguards, and monitoring and reporting, and other necessary coordination and implementation arrangements 1.1.1 People Centered Road Design Philosophy The Wenda-Mgama Road will be designed around a concept of “People Centered Road Design” which is exemplified in the Sub-component 3 as having to engage, include and protect the road users. The People Centred Road Design considers the requirement of all road users with preference to pedestrian and vulnerable groups so as to ensure safety to all types of the road users in contrast to the traditional approach of road design which mostly considers motor vehicles. The RISE Program through the Wenda–Mgama Road Project is going to implement this philosophy through a thoroughly planned and executed Stakeholder Engagement and Information Disclosure throughout all phases of the project cycle which will ensure that stakeholder’s implementation is also done as per the need’s assessment of ESS 10 on Stakeholders Engagement and Information Disclosure. For the purpose of ESS5, early initiation of meaningful community engagement enables affected households, communities, and other stakeholders to fully understand the implications of resettlement for their lives and to actively participate in the associated planning processes. Borrowers will engage in meaningful consultations with stakeholders (PAPs). Borrowers will provide stakeholders with timely, relevant, understandable and accessible information, and consult with them in a culturally appropriate manner, which is free of manipulation, interference, coercion, discrimination and intimidation. The RISE philosophy will provide an opportunity for the country’s economic growth through reduction of road accidents that are a result of not adhering to the “People Centered Road Design” philosophy and are costly to the nation. The philosophy will realize a holistic and sustainable improvement of the people’s livelihoods. 1.3 Requirements for RAP This RAP is prepared because the proposed project will involve land acquisition and displacement affecting shelter, livelihood and associated impacts. Therefore, RAP will be prepared in accordance to the applicable legal and policy provisions of the Tanzanian Government and the World Bank Environmental and Social Framework. December 2020 Page 4 Resettlement Action Plan [RAP] for Upgrading of Wenda - Mgama Road (19km) to Appropriate Sealing Standard in Iringa District - Final RAP Ihemi Cluster 1.4 World Bank Requirements The World Bank require that apart from the existing local legislations, RAP shall be conducted to meet the requirements of the World Bank’s New Environmental and Social Framework which presents 10 Environmental and Social Standards which stipulates the WB’s commitment to sustainable development and the Bank’s aim to end extreme poverty and promote shared prosperity. In the context of the RISE project for Wenda - Mgama, the World Bank (ESS5) on “Land Acquisition, Restrictions on Land Use and Involuntary Resettlement’’ is applicable in situations involving involuntary taking of land thus impacts on loss of assets, loss of income sources or means of livelihood. The ESS that has been be applied in the preparation of this RAP is: Environmental and Social Standard 5 (Land Acquisition, Restrictions on Land Use and Involuntary Resettlement). 1.5 Objectives of RAP The main objective of this RAP is to provide an agreed plan for the resettlement and compensation of persons affected by Wenda - Mgama road upgrading. The plan provides a road map for resettlement and compensation of the PAPs and assets they own or use. To this end the main objectives of this RAP are: Minimize involuntarily taking of the land and impact on livelihoods through modification in design as much as possible; and If there are some impacts, as it is the case of this project, then put mechanisms in place under this RAP to assist the PAPs in their efforts to improve their livelihoods and standards of living or at least to restore them, in real terms, to pre-project level. Specific objectives are to: • Develop mitigation measures to ensure that the affected people are not worse off as a result of the project and at the least their livelihoods are restored to that of before the project; • Engage PAPs and communities to gain understanding of project objectives and impacts; • Involve PAPs and other stakeholders in developing a plan for physical relocation and compensation for lost assets; • Provide information that will be used to implement the resettlement plan; • Put down the grievance mechanisms which will be used during the RAP implementation; and Outline institutional arrangements for the implementation of the RAP In addition, the proposed resettlement actions and measures will ensure: • The provision of timely and fair compensation, with the ultimate goal that all project-affected persons would be compensated at least to restore their pre-project living standard levels; • Necessary assistance for relocation to all PAPs whose property /home will be totally demolished, prior to displacement. December 2020 Page 5 Resettlement Action Plan [RAP] for Upgrading of Wenda - Mgama Road (19km) to Appropriate Sealing Standard in Iringa District - Final RAP Ihemi Cluster 1.6 Methodology and Approach Specific Methods and Approaches A combination of deskwork review and field visits and stakeholder participation formed the basis of this RAP, approaches used include: a) Review of the Review of available document: • Resettlement Policy Framework (RPF) for the RISE Program, December, 2019; • ESIA Report for Wenda-Mgama; and • Design Report for Wenda-Mgama b) Review of Relevant Policies and acts documents includes: • Land Acquisition Act 1967 • Land Act No. 4 of 1999 • Village Land Act No. 5 of 1999 • Land Regulations (Assessment of the Value of Land for Compensation; • Compensation Claims: and Scheme of Regularization) of 2001 • World Bank ESS 5 and ESS 10 c) Site Verification and assessment The team conducted a site visit mainly to determine the magnitude and type of impacts associated with the project, determine mechanisms to minimize magnitude of impact as well as verification of properties and consultation with the PAPs. 1.7 Methodology for Undertaking PAP Census and Socio-Economic Profile An inventory of assets was undertaken using a questionnaire for household in carrying of the census, questionnaires were administered to get specific information that define and characterize the affected persons’ assets. The questions include personal identification, ownership of assets found in the corridor of impact, household income, household size, gender and sex, marital status, age and levels of education and type and number of main and secondary occupations and land details such as percentage of land affected in proportion to remaining land area, type of houses and magnitude of impact of the project at individual level. Engagements were in the form of public meetings and household interviews. 1.8 Disclosure of the Resettlement Action Plan The final RAP will be approved by project implementers as well as all lenders relevant to this project. Methods that will be used to disclose RAP are: (i) Distribution of as many copies as possible to different institutions and community levels for comments and suggestions. (ii) Conducting meetings and workshops for discussion of the plan in the project area The approved RAP report will be available to the public at the following places: (i) PO-RALG and TARURA Office/website (ii) Office of the Iringa District Council (iii) Offices of the Ward Executive Officers in the villages of Wenda, Kikombwe, Lyamgungwe and Mgama (iv) World Bank info shop December 2020 Page 6 Resettlement Action Plan [RAP] for Upgrading of Wenda - Mgama Road (19km) to Appropriate Sealing Standard in Iringa District - Final RAP Ihemi Cluster It is important that a summary of information about the type of affected people and impact and the entitlement matrix are translated into Kiswahili and distributed among the affected communities as part of the disclosure. 1.9 Structure of the Report This RAP is structured as follows: Chapter 1: Introduction; Chapter 2: Project Description; Chapter 3: Guiding Principles, Eligibility and Entitlement; Chapter 4 Socio Economic Survey of the Project Affected Person; Chapter 5: Stakeholders Engagement and Information Disclosure; Chapter 6: Resettlement Impact; Chapter 7: RAP Implementation budget; Chapter 8: Management of Grievances and Disputes; Chapter 9: RAP Preparation and Implementation Steps; Chapter 10 Monitoring and Evaluation; Chapter 11: References; and Chapter 12: Appendices. December 2020 Page 7 Resettlement Action Plan [RAP] for Upgrading of Wenda - Mgama Road (19km) to Appropriate Sealing Standard in Iringa District - Final RAP Ihemi Cluster a) 2. SUB PROJECT DESCRIPTION The Wenda-Mgama road is a District collector road located in Iringa District Council in Iringa region. It forms an arch to TANZAM Highway as it connects to Kilolo-Ihemi regional road which connects with TANZAM highway at Ihemi. The road passes through agriculture potential areas which produce maize, green peas, Irish potatoes, beans, tomatoes, sesame and barley. The area is also potential of forest products particularly softwood timber. The whole 19km of the Wenda-Mgama road is in poor condition and characterized by presence of potholes and ruts; the road is passable only during dry season and passability becomes difficult during rainy season. The maintenance operations that will be carried out on this road section at the moment are Routine and Recurrent, Spot Improvement, Periodic Maintenance, Bridge Preventive and Bridge Major Repair. The upgrading of Wenda-Mgama District Road (19km), will stimulate economic growth as it will reduce transport costs and facilitate the transportation of products from the project areas to the market centers in Iringa and outside the region. 2.1 Sub-project Location The Wenda-Mgama road is located between Wenda and Mgama villages in Iringa rural district as shown in figure 2-1 below. Figure 2-1General Location Plan According to Iringa District Profile (2013) there are 6 divisions and 25 wards with a total of 123 villages and 718 hamlets distributed unevenly throughout the district. The Wenda-Mgama road section comprises of four villages which are Wenda, kikombwe, Lyamgungwe and Mgama as seen in figure 2-1 Figure 2-2 below. December 2020 Page 8 Resettlement Action Plan [RAP] for Upgrading of Wenda - Mgama Road (19km) to Appropriate Sealing Standard in Iringa District - Final RAP Ihemi Cluster Figure 2-2Villages along the Project Road 2.2 Villages in the project area All village centres of Wenda, Kikombwe, Lyamgungwe and Mgama are generally fairly populated. However, Wenda and Mgama are mostly actively engaged in trade activities due to their strategic locations. Wenda for instance is located at major intersection with Tanzam Highway where majority of merchandized trucks are passing by towards southern regions of Tanzania as well as southern border with Zambia and Malawi. Mgama is a well-established center in terms of agricultural products particularly Tomatoes during harvesting seasons, thus the two centers attract more people and visitors especially during favorable trading seasons. Wenda Town Centre, Ch. 0+000 Mgama Town Centre Ch. 18.500 Figure 2-3Villages along the Project Road whose some of houses may be affected during the implementation of the project Kikombwe and Lyamgungwe The two villages of Kikombwe and Lyamgungwe are located between Wenda and Mgama as seen in figure 2-1 and 2-2 above. These two villages are predominantly agricultural communities and characterized by peasantry farming for subsistence. Majority of local people in these communities depend on farming, animal keeping and small-scale vending businesses such as trade in consumable products, food vending and boda-boda ferrying. December 2020 Page 9 Resettlement Action Plan [RAP] for Upgrading of Wenda - Mgama Road (19km) to Appropriate Sealing Standard in Iringa District - Final RAP Ihemi Cluster Road realignment particularly in narrow sections and sharp corners will necessitate land take subsequently leading to land compensation of lands and properties. Valuation of the properties have been done and summary of the affected properties and compensation measures are provided in table 7- 1 of this RAP report. 2.3 Project Activities leading to Involuntary taking of land Involuntary taking of land is happening because the affected people do not have the right to refuse land acquisition or restrictions on land use the results is physical or economic displacement. This arises in the situations involving lawful expropriation, temporary or permanent restrictions on land use. The project activities that will lead to involuntary taking of land are outlined below: • Way leave establishment eg Right of Way (RoW) is 7.5 m on either side. These were not demarcated before therefore, communities unknowingly continue with their livelihood activities including establishing permanent buildings, cultivating crops, establishment of business kiosk, stall etc.; and • In order to straighten the road and avoid sharp corners and avoid demolition of houses and business premises, the design has considered re- alignment section at Lyamgungwe village (approximately 300 meters and Kikombwe village approximately (200 meters). 2.4 Institutional Arrangement for Land Administration and Compensation The implementation of this RAP will comprise several steps involving several Institutions as well as PAPs as discussed below: Administratively, the key institutions involved in this RAP are summarized in Table 2-1 below. Table 2-1 :Institutional Framework Level Authority Roles and Responsibility Ministries Ministry of Lands, Housing and • The Ministry of Lands and Human Settlements is responsible Human Settlements for policy, regulation and coordination of matters pertaining to Development land in Tanzania. The Ministry administers the various Land Acts: Land Acquisition Act, the Land Act and the Village Land Act. Land use planning, management and land delivery activities are conducted by the Ministry. • The Commissioner of Lands administers most issues dealing with land allocation, acquisition, and registration and land management. All instances of acquisition of land for public purposes and the need for resettlement and/or compensation must be referred to the Commissioner. With regard to this RAP the Ministry of Land and Human settlement will be responsible in making sure that the amount of money paid to the PAPs is equivalent to the value of affected properties and signing of valuation reports. • Register and provide license to valuers to undertake the valuation exercise • Provide guideline related to compensation disputes December 2020 Page 10 Resettlement Action Plan [RAP] for Upgrading of Wenda - Mgama Road (19km) to Appropriate Sealing Standard in Iringa District - Final RAP Ihemi Cluster Level Authority Roles and Responsibility PO-RALG • Oversees and ensure compensation is paid or resettlement is undertaken as agreed • Involved in policy formulation • Advisory assistance to the Project Ministry of Finance and • Disbursing compensation funds to the implementing agency Planning (MFP) • Ensuring funds are appropriately utilized TARURA The overall responsibility for the resettlement lies in the hands of the government of Tanzania (through TARURA) under its administrative and financial management rules and manuals. Thus, TARURA through government will approve all payment upon finalization of the RAP and compensation agreements. TARURA will also work with Iringa District Council in order to make sure that all PAPs received compensation as described in the compensation schedule. Other responsibilities include: • Decision on the proposed projects • Screening of proposed activity to determine if there is land acquisition, physical and/or economic displacement; • Coordination, preparation, and implementation of the RAPs • Procuring a consultant for preparation of RAP, and M&E of RAP implementation • Responsible for the disbursement of financial support for any RAP through the Regional and District Authorities. • Providing funds for compensation payments • Initiate and ensure smooth RAP implementation • Provides notification on land acquisition • Oversee resettlement • Prepares budget for compensation and support to PAPs which is to be financed by the Ministry of Finance and Planning • Endorses the valuation assessment for compensation payment • Endorse RAP • Provides notification on land acquisition • Coordinate with relevant agencies in settlement of grievances • Monitor and evaluate the implementation of RAP WB • Reviews, comments and advices on comprehensiveness of RAP(s) • Provide No Objection to RAP and the Project Chief Government Valuer Every assessment of the value of land and unexhausted improvement is verified and endorsed by the Chief Valuer of the Government or Representative. Iringa District Council • Iringa District Council is responsible for managing resettlement progress and disbursement of compensation funds. The role of the Council is to support the compensation process by providing the necessary funds related to project supervision, management and administration. The office also coordinates all matter related to valuation through designated land officer based at the council • The office also coordinates disclosure of RAP to key December 2020 Page 11 Resettlement Action Plan [RAP] for Upgrading of Wenda - Mgama Road (19km) to Appropriate Sealing Standard in Iringa District - Final RAP Ihemi Cluster Level Authority Roles and Responsibility stakeholders and facilitate the property valuation exercise as well as assisting vulnerable PAPs and working close with the Grievance Committee to ensure that all PAP complains are handled on time without further impact to PAPs. Iringa District Commissioner • Signatory of the compensation schedule • Oversee payment of the PAPS and ensure the process is done in a transparent way. RAP Team (Engineers, • Identification of agencies responsible for delivery of Surveyors, Valuers, CDO, resettlement measures and provision of services; EMO, TARURA) • Arrangements to ensure appropriate coordination between agencies and jurisdictions involved in implementation. This includes identification of roles and responsibilities for all stakeholders involved in the implementation of the compensation and resettlement process; • External (non-project) institutions involved in the process of income restoration (land development/land allocation/training/credit, etc) • Responsibility for managing facilities and services provided under the project and for transferring other such responsibilities from the resettlement implementing agencies, when appropriate. • Mechanisms for ensuring independent monitoring, evaluation and financial audit of the RAP and reviewing and revising the RAP if necessary. Ward offices • Participate in the asset inventory and valuation exercise • Signs off valuation forms prepared during valuation • Provide recognition letter to the PAPs • Assist in valuation report disclosure Village Executive officers for • Assists to organise village assemblies and/or meetings with Wenda, Kikombwe, PAPs for consultation and engagement Lyamgungwe and Mgama • Verifies PAP and affected assets during asset inventory and valuation • Local liaison and PAP witness during the compensation process and any handing over of assets. December 2020 Page 12 Resettlement Action Plan [RAP] for Upgrading of Wenda - Mgama Road (19km) to Appropriate Sealing Standard in Iringa District - Final RAP Ihemi Cluster 2.5 Capacity building All staff who are involved in the implementation of the RAP at TARURA ,Iringa District Council, Resettlement committees and Grievance committee are to be provided with training on resettlement to make them capable on the implementation of the RAP. Training subjects will include but not limited to the followings: • Participatory methodologies in regards to data collection and community meetings; • Consultation and information dissemination methods; • Principles, policies, and entitlements of the RAPs; • Valuation of assets and properties; • Implementation steps, procedures, and schedule; • Grievance redress mechanism; and • Powers and obligations of individuals/agencies involved in the process of resettlement programs. 2.5.1 Institutional capacity needs Efficiency and effectiveness of resettlement and compensation management The current institutional structure (Ministerial and Institutional level) refer table 2-1 above for managing resettlement and compensation issues is well appropriate. For resettlement and compensation, the structure is appropriate because: 1. There is a clear chain of communication and coordination to implement the legal requirements within the ministries and respective institutions with regards to compensation and resettlement; and 2. There are specific departments and staff with adequate educational backgrounds who are responsible to manage resettlement and compensation issues. However, there is an institutional capacity gaps envisaged at TARURA Iringa District; the gap is: • Lack of technical staff that deal with resettlement and compensation. The office does have sociologist only but lack surveyors and valuer. Under this program, these staffs where hired from Iringa District Council. Prior to RAP implementation TARURA Iringa will employ experienced valuer and surveyor for the execution of the tasks. December 2020 Page 13 Resettlement Action Plan [RAP] for Upgrading of Wenda - Mgama Road (19km) to Appropriate Sealing Standard in Iringa District - Final RAP Ihemi Cluster 3. Guiding Principles, Eligibility and Entitlement 3.1 Principles Guiding Resettlement of PAPs This RAP has been prepared consistent with the applicable policy provisions of the Tanzanian Government and those of the World Bank ESF. This RAP has been prepared as the proposed project will involve land acquisition and displacement affecting shelter, livelihood and associated impacts. The RAP presents an inventory of people likely to be affected by development of the road and assets that are likely to be displaced by the project and the proposed compensation and resettlement packages. In Tanzania RAP principles are broadly embedded in the Land Act No.4 and Village Land Act No.5 of 1999. These acts have set clear procedures for full, fair and prompt compensation while acquiring land from citizens. These procedures must be adhered to, especially the Land (assessment of the value of compensation) Regulations 2001. On the other hand, international guidelines and best practises from WB must be adhered to during resettlement planning. Implementation of the Wenda - Mgama Road will result into acquisition of land, loss of access and property which will cause involuntary resettlement. Implementation of the project activities may cause land acquisition, where a physical piece of land is needed. People may be affected because they are cultivating on that land, have buildings or other land use such as water sources, grazing of animals, spiritually needs, recreation and any other activity which may not be possible during and after the project is implemented. The World Bank ESS5, asserts that people be compensated for their loss of land, property or access either in kind or in cash of which the former is preferred. In principle, the executing Agency TARURA is obliged to compensate affected individuals or groups who are eligible. The principles listed below should be taken into account whenever communities living in the areas proposed for projects may be impacted by implementing activities, whether a permanent or temporary impact: i. Resettlement/relocation and compensation planning and implementation activities, and the compensation of PAPs and other relevant stakeholders, will be undertaken with continuous consultation throughout the process; ii. PAPs will be informed about their rights and options pertaining to displacement, compensation and resettlement/relocation, and about grievance mechanisms available to them; iii. Displacement of people, property and livelihoods is to be minimized as much as possible, by employing alternative technologies of project infrastructure in such a manner so as to minimize the need to acquire land and property, and to cause as little disturbance and disruption as possible; iv. All possible means will be used to ensure that no people are harmed in any way by construction activities and project outcomes; v. PAPs who meet agreed eligibility criteria will be entitled to compensation and relocation measures. Lack of legal rights to land and assets occupied or used will not preclude a PAP from entitlement to resettlement/relocation and compensation measures; vi. Compensation, resettlement/relocation and rehabilitation measures will be as fair to all parties concerned; vii. Compensation, resettlement/relocation and rehabilitation entitlements will be provided in accordance with Tanzanian law and procedures as a minimum, but will include additional measures to meet World Bank requirements where appropriate; viii. Where compensation in cash is provided for loss of assets (including housing and other structures), for loss of access to assets, or for damage caused to assets, it will be provided on the basis of replacement cost or replacement cost (whichever is the highest) and will include necessary additional costs incurred to achieve full restoration; and December 2020 Page 14 Resettlement Action Plan [RAP] for Upgrading of Wenda - Mgama Road (19km) to Appropriate Sealing Standard in Iringa District - Final RAP Ihemi Cluster ix. Pre-construction and construction work on each particular affected site will not commence until PAPs have been satisfactorily compensated and/or relocated December 2020 Page 15 Resettlement Action Plan [RAP] for Upgrading of Wenda - Mgama Road (19km) to Appropriate Sealing Standard in Iringa District - Final RAP Ihemi Cluster 3.2 PAPs Categories The PAPs are those who have been affected directly socially and economically by the project activities. The PAPs include individuals and institutions with various interests in the land that is within the ROW. Majority of these are the land owners with established structures or farms who will be affected by the loss of the land, structures and economic earnings. Small business and vendors might lose their business permanently or temporarily. For small business which have encroached the right of way might be displaced or re allocated to new places. The World Bank’s ESS5 stipulates that PAPs should include all the economically and/or physically displaced persons, even those who may not be protected under the national land compensation legislations. 3.2.1 Affected Individual This is an individual who suffers a loss of assets or investments, land and property and/or access to natural and/or economical resources as a result of the proposed project activities. For example, an affected individual is a person whose farms, or who has built a structure on land that is now required by the project for purposes other than farming or residence by the initial individuals. Categorized as follows: • Affected property owners – are owners of land or owners of structures for business, residential or other purpose. 3.2.2 Affected Household A household is affected if one or more of its members is affected by project activities, either by loss of property, land, loss of access or otherwise affected in any way by project activities. This provides for: • Any members in the households, men, women, children, dependant relatives and friends, tenants; • Relatives who depend on one another for their daily existence and • Other vulnerable people who cannot participate for physical or cultural reasons in production, consumption, or co-residence. 3.2.3 Affected Local Community A community is affected if project activities affect their socio-economic and/or social-cultural relationships or cohesion. For example, project activities could lead into such improvement of socio- economic welfare that class-consciousness arises coupled with cultural erosion etc. 3.2.4 Vulnerable persons Among household/community members are people regarded as vulnerable due to their inability to perform or meet their basic needs and require special treatment. These individuals will need support during and after the relocation process to enable them, maintain/improve their livelihoods or at least restore their livelihood to their pre- project conditions. These are the people who needed special attention and assistance during RAP implementation. Authorities and the project should ensure that social welfare offices are involved in the compensation exercise to ensure that vulnerable people get special attention. Under this RAP, Vulnerable people include only the elderly with age group 60- 79 years. Refer socio economic section 4.1.2 on age category of the PAPs. Furthermore, these groups were invited and their presence was availed during the PAPs meeting at each village. Issue raised from these groups was on the provision of assistance during the resettlement activities and planning. 3.2.5 Additional Assistance for Vulnerable PAPs December 2020 Page 16 Resettlement Action Plan [RAP] for Upgrading of Wenda - Mgama Road (19km) to Appropriate Sealing Standard in Iringa District - Final RAP Ihemi Cluster For the aging PAPs (60-79) years who are vulnerable as identified in this RAP the following assistance is needed: • Land and natural resources-based livelihoods: Since these groups will lose land of which they used to farm, the support is needed to re- establish their farming activities in areas where they are moving so that they don’t miss a cropping seasons and can feed their families. This might require additional support to clear and plan the new land. • Additional training on farming techniques is needed such as use of modernized fertilizers, improved seeds and application of pesticides so that farmers could get more yields. TARURA should ask an assistance from agricultural extension officers based at ward level to assist on providing training wherever necessary. • Business based livelihoods: There among the aging vulnerable who owns businesses therefore, additional mentoring and support is needed to take advantage of the opportunities that will be offered in the project. The local procurement plan by TARURA should ensure that this group is given due consideration as far as business is concerned. • If cash compensation will be their preferred choice the project will provide some financial training to this group including opening bank accounts. • The displaced PAPs will be provided with transportation under the RAP to relocation house; • Ambulance services and any other required support for the vulnerable PAP will be considered during relocation. December 2020 Page 17 Resettlement Action Plan [RAP] for Upgrading of Wenda - Mgama Road (19km) to Appropriate Sealing Standard in Iringa District - Final RAP Ihemi Cluster 3.3 Eligibility Implementation of the project will lead to physical and economically displaced persons who will be directly affected by: a) Land rights or land use rights acquired or restricted through expropriation or other compulsory procedures in accordance with national law; b) Restrictions on land use and access to natural resources that cause a community or groups within a community to lose access to resource usage where they have traditional or customary tenure, or recognizable usage rights. This may include situations where legally designated protected areas, forests, biodiversity areas, or buffer zones are established in connection with the project; c) Relocation of people without formal, traditional, or recognizable usage rights, who are occupying or utilizing land prior to a project-specific cut-off date; d) Displacement of people as a result of project impacts that render their land unusable or inaccessible; Criteria for eligibility is provided in Table 3-1 below: Table 3-1 Criteria for Eligibility SN Displacement Category Entitlement 1 Individuals who have formal legal rights to o Compensation for loss of land and assets at full land (including customary and traditional replacement cost. rights recognized under the laws of o In case of physical relocation, provide Tanzania assistance during relocation (i.e. moving allowance) and residential housing and/or agricultural sites with productive and location advantages equivalent to the lost sites. o Support after displacement, until livelihoods and standards of living are restored to pre- displacement levels. o Development assistance in addition to compensation measures (i.e. land preparation, credit facilities, training, job opportunities. 2 Individuals who do not have formal legal o Compensation for loss in land and assets at full rights to land, but have a claim to such land replacement cost. or assets (provided that such claims are o In case of physical relocation, provide recognized under Tanzanian laws or assistance during relocation (i.e. moving become recognized through a process allowances) and residential housing and/or identified in the resettlement plan) agricultural sites with productive and location advantages equivalent to the lost sites. o Support after displacement, until livelihoods and standards of living are restored to pre- displacement levels. o Development assistance in addition to compensation measures (i.e. land preparation, credit facilities, training, job opportunities. 3 Individuals who have no recognizable legal o Compensation of improvements on land at full right or claim to the land they are occupy or replacement cost but not the land and use (i.e. squatter settlements, disputed Resettlement assistance as appropriate and ownership) livelihood restoration plan (i.e. land, assets, cash, employment and development on the land, etc.) December 2020 Page 18 Resettlement Action Plan [RAP] for Upgrading of Wenda - Mgama Road (19km) to Appropriate Sealing Standard in Iringa District - Final RAP Ihemi Cluster 3.4 Entitlements Table 3-2 below provides a summary of the entitlement standards for PAPs affected by the Wenda- Mgama Road. Table 3-2 Entitlement Standards for the PAPs Wenda - Mgama Road Land and Assets Type of Person Affected Compensation/Entitlement/Benefits Impacts Loss of Choose between options such as: (i) Housing unit in residential Physical Homeowners and chosen relocation site; (ii) Reconstruction of house structure displacement of his/her family and in adjacent unaffected lot or (iii) Cash compensation for the lost house; and, household (loss members of of dwelling), households Loss of rental Resettlement assistance in the form of: (a) transport income allowance; (b) disturbance allowance; (c) accommodation allowance during re-establishment to new place; (d) livelihood development assistance; (e) legal assistance for purchase Loss of Business Owner occupied Choose between options such as: (i) Structure unit in commercial structure business structure chosen relocation site; (ii) Reconstruction of structure owners structure in adjacent unaffected lot or (iii) Cash compensation for the lost structure; and, Loss of (Wooden) profit as per the national legal requirements (Net profit/p.m. x 36 months) Consultations and concurrence of both spouses in the process of land acquisition and provision of compensation. Provide at least three (3) months advance notice to shift from occupied property. Resettlement assistance in the form of: (a) transport allowance; (b) disturbance allowance; (c) accommodation allowance during reestablishment to new place; and, (d) livelihood development assistance (e) Legal assistance for purchase of land, transactional costs and taxes (f) Search assistance by the local land office. Loss of Loss of trees or Verified owner of Cash compensation based on type, age and permanent crops perennial crops trees (whether productive value of affected trees plus disturbance and trees landowner, tenant or allowance squatter) Public/communit Loss of Community residents Replacement/restoration at the cost of the project y structure community facility (Cell) December 2020 Page 19 Resettlement Action Plan [RAP] for Upgrading of Wenda - Mgama Road (19km) to Appropriate Sealing Standard in Iringa District - Final RAP Ihemi Cluster Loss of Land Loss of land rights. Farmer/ title holder Provision of In-kind with land of similar qualities or higher or Cash compensation for affected land at full loosing less than 20% replacement costs for the lost piece of land as per the and the rest of the preference of the PAP; land is economically Consultations and concurrence of both spouses in the viable process of land acquisition and provision of compensation. Notice to harvest standing seasonal crops and compensation Farmer/ title holder Provision of In-kind with land of similar qualities or higher or Cash compensation for affected land at full loosing greater than replacement costs for the lost land as per the 20% and the rest of preference of the PAP; the land is not Consultations and concurrence of both spouses in the economically viable process of land acquisition and provision of compensation. Provide at least three (3) months advance notice to shift from occupied land. Cash compensation equivalent to average of last 3 years’ market value for the mature and harvested crop, or market value of the crop for the remaining period of tenancy/lease agreement, whichever is greater. Cash compensation for structures and other land improvements at full replacement cost (if affected); Legal assistance, transaction costs for purchase such as registration, transfer taxes and/or customary fees will also be compensated for those opting for replacement land. Loss of Graves Removal of Relatives, community Relocation or removal according to local customs graves and as per the provisions in the Graves removal act 3.5 Forms of Compensation and Calculations RAP preparation is governed by Tanzanian laws. To compensate the PAPs for their lost assets, the project has two options for different payment modalities based on individual’s choice which were presented to PAPS. These are: i. Cash payments - calculated and paid to compensate for land, assets, or to cover allowances such as disturbance, accommodation, transportation, loss of profit, ii. In-kind compensation mainly for community/public properties All options for compensations were presented to PAPs during consultations. The pre-conceived ideas in peoples mind during valuations and compensation process is what package someone is going to receive during compensations. PAPs were told advantage and disadvantages of both options for example, cash compensation sometimes is difficult to manage, the general results are that poor December 2020 Page 20 Resettlement Action Plan [RAP] for Upgrading of Wenda - Mgama Road (19km) to Appropriate Sealing Standard in Iringa District - Final RAP Ihemi Cluster families cannot handle large sums of money and these can be spent quickly on consumable items and living them with no saving. Therefore, a risk mitigation strategy is to provide compensation in kind as replacement land, housing and agricultural inputs rather than cash. The provision of cash compensation is still the primary compensation method on many projects despite ample evidence that poor households focus on short term spending leading to long term impoverishment. PAPs were also told that if cash compensation will be their preferred choice the project will provide some financial training to the impacted households including opening bank accounts. The consultation minutes with PAPs refer Appendix C of this RAP report were geared towards what type of compensation will PAPs receive. However, additional consultations will be held prior to RAP implementations on the agreed mode of compensation. 3.5.1 Basis of valuations The calculation of compensation and other resettlement allowances for displaced property owners based on current practices in Tanzania for valuation and compensation of properties as stipulated under the Land Act, 1999 and Land Regulations, 2001 only provide for compensation equivalent to the market value of the affected land, structure or asset (direct comparison method) and standing crops (earnings approach) as determined by the valuation assessments. This approach to valuation is not consistent with the resettlement measures required by the World Bank ESS 5 which requires that compensation is paid based on the full replacement value (not depreciated) of an asset. In addition, ESS 5 strongly prefers the replacement of ‘land for land’ where appropriate for all PAPs (including those without title/squatters). In order to meet the requirements for a RAP consistent with ESS 5 the valuations have been done in compliance with the World Bank policy guidance that the compensation value is obtained from the Replacement Cost added with allowances. ESS 5 provides that, if the impacts include physical relocation, compensation must ensure that the displaced persons entitlement must include: • Relocation or loss of shelter • Moving allowances during relocation • Loss of assets or access to assets • Loss of income sources or means of livelihood, whether or not the affected persons must move to another location and/or Provided with residential housing, or housing sites, or as required, agricultural sites for which a combination of productive potential, location advantages, and other factors is at least equivalent to the advantages of the old site. For all affected properties market surveys was conducted to determine current replacement costs such as cost of construction materials, price of buying and selling land, transportation costs, and labour costs at the date of valuation as well as rates of compensating permanent crops. Furthermore, the basic principle governing valuation for compensation is that PAPs should be made better off than they were before through fair and prompt compensation. The involuntary acquisition of land/properties is well treated in Tanzania. To comply with the requirements of ESS5 while we use Replacement Costs Method to arrive at the market value, we do not allow depreciation in the application of the method as this may have grossly compromised the principle of equivalent that we refer above. December 2020 Page 21 Resettlement Action Plan [RAP] for Upgrading of Wenda - Mgama Road (19km) to Appropriate Sealing Standard in Iringa District - Final RAP Ihemi Cluster 3.5.2 Methods of Compensations For the purposes of this project methods used for compensation are as follows: 1. Cash compensation based on full replacement costs for the building/structures; and 2. Cash compensation (direct comparison method) for loss of land. The full replacement value of land of equal size and use, with similar or improved public infrastructure facilities and services preferably located near the affected land, plus the cost of any registration and transfer taxes. 3.5.3 Valuation for Compensation Payment Compensation Payment referred to by the “The new Land Act of 2002” shall include: 1. Market value of the real property (i.e. value of unexhausted improvement and land). These will have been arrived at either on: • Market Value Basis- by Direct Comparison Valuation Technique • Earnings Approach • Cost Approach. In practice, the Ministry of Lands, Housing and Human Settlement Development with effect from 2002, through the Chief Government Valuer maintains on annual basis, a Crop Compensation Schedule that lists all possible crops and their respective population per ha and he compensating rate per ha or crop. 2. Accommodation allowance = Market Rent of the affected building per month multiplied by 36 Months. i.e. Accommodation allowance = Rent/p.m. x 36 Months. 3. Loss of profit allowance is accessed by establishing Net profit per month evidenced by audited accounts multiplied by 36 Months. i.e. Loss of profit =Net Profit/p.m. x 36 Months. 4. Disturbance allowance is calculated by value of Land by average percentage rate of interest offered by commercial banks on 12 Months fixed deposit at the time of loss of interest in land i.e. Disturbance allowance = Land Value x where: i. = interest rate offered by commercial banks on 12 Months fixed deposits. 5. Transport allowances shall be actual cost of transporting 12tons of luggage rail or road (whichever is cheaper) within 20 Kilometers from the point of displacement. i.e. Transport allowance = 12tons x Actual Cost/ton/km x 20km NOTE 1. Transport, Accommodation and Loss of profits allowances shall not be paid for unoccupied land. 2. Accommodation and Loss of profit shall not be paid concurrently over the same property. 3. Accommodation and Loss of profit shall only be paid to the property owner and not tenant(s). 4. Incidences requiring compensation include: • Compulsory acquisition under the Land Acquisition, 1967. • Transfer of categories of land under section 4(7) & 5(7) of the Land Act, 1999. • Where land is declared to be hazardous land under section 7(8) of Act No. 4 of 1999 • Where land is declared to be under regularization as per section 60(7)(f) & 60(3)(b) of the Act No. 4 of 1999. • Where revocation of a Right of Occupancy under section 49 (3) of Act No. 4 of 1999. December 2020 Page 22 Resettlement Action Plan [RAP] for Upgrading of Wenda - Mgama Road (19km) to Appropriate Sealing Standard in Iringa District - Final RAP Ihemi Cluster 3.6 Cut-off date The cut-off date was set as 28th November, 2019 and communicated with each PAP during valuation. Any person who undertakes any development activity in the newly demarcated Right-of-Way after the cut-off date will not be eligible for compensation. It should however be noted that the implementation of the cut-off date should also be observed by project implementer (TARURA) who is required to compensate the PAPs within 6 months after the approval of valuation report from chief valuer. According to this RAP the project implementer needs to have frequent communication with PAPs through the resettlement committee updating PAPs on when they should expect to receive their compensation or any other changes associated with implementation of the project. This was communicated first to TARURA and Authorized Land Officer at Iringa District Council. The authorized land officer notified the PAPs on the intention of valuation exercises of which some portion of land will be taken. PAPs were given form no 69 to fill in of which from the date of valuation process no improvement or development of land shall be undertaken to the areas which have been valuated. Form no 69 is a notification form that is given to PAPs by an Authorized District Land Officer to notify PAPs that any properties that will be affected by the project is subjected to compensation. December 2020 Page 23 Resettlement Action Plan [RAP] for Upgrading of Wenda - Mgama Road (19km) to Appropriate Sealing Standard in Iringa District - Final RAP Ihemi Cluster 4. SOCIO ECONOMIC SURVEY OF THE PROJECT AFFECTED PERSON This section describes the socio-economic characteristics of the PAPs that will be affected by the proposed upgrading of the Wenda - Mgama road for the purpose of obtaining data on baseline socio- economic conditions (demographic data, vulnerability, social-cultural characteristic, economic activities and social services) to enable resettlement planning and to generate data categories of affected people (PAPs) and their properties; as well as information to enable well-informed resettlement assistance for future monitoring of the achievement of the RAP. The general characteristic of the project area is a rural set up of which houses in the project area are concentrated in the proximity of the road making some rows parallel to the road on either side. None of the plots are surveyed. The area is also comprising of various socio-economic activities that includes agriculture, livestock keeping, petty business, motorized transport system-bodaboda etc. Other important services are also available within the area that includes institutions, social infrastructures and utilities such as water and electricity. 4.1 Socio Economic Profile of the PAPs A socio-economic survey of PAPs along the Wenda-Mgama road section was carried out between November and December 2019. A total of 53 PAPs were interviewed. These will lose properties such as residential buildings, land, commercial structures, crops and trees. 4.1.1 Sex of the Household Headship Majority of the property owners interviewed at the time of survey were male (92.5%) while women constitute of (7.5%) See figure 4-1 below. This RAP ensured that women particularly those with impact requiring their houses to be relocated participate in the meetings and are aware of the compensation process. Figure 4-1 Sex composition of the PAPs Source: Socio economic survey for Wenda-Mgama December 2019 4.1.2 Age and Sex of the PAPS The aim of having age and sex category in this section is to determine the dependency ratio. The age dependency ratio is defined as the ratio of dependents (people younger than 15 or older than 64) to the working-age population (those with ages 15-64). Higher dependency ratios can indicate a propensity December 2020 Page 24 Resettlement Action Plan [RAP] for Upgrading of Wenda - Mgama Road (19km) to Appropriate Sealing Standard in Iringa District - Final RAP Ihemi Cluster for increased financial stress as there are fewer people of working age supporting a larger number of dependents. However, the findings in this section shows that there is lower dependency ratio as majority of the working population fall in age category between 20 to 60 as shown in figure 4-2 overleaf. Furthermore, with regards to sex there were more men than women. This is attributed by the fact that when it comes resource ownership and as far as compensation is concerned men tend to be frontrunner. In most cases, ownership of resources is owned by men. Under such circumstances in which national law and local customary tenure systems do not give women equal opportunities or rights with regards to property, provisions should be made to ensure that the access of women to security of tenure is equivalent to that of men and does not further disadvantage women. Likewise, those who fall under age category between 60-69 and 70-79 are considered to be vulnerable and most dependants (this group consists of the elderly). The elderly are vulnerable because most of them are physically weak and cannot relocate to new shelters nor restore their livelihoods without support from others. It is more difficult for the female elderly. Therefore, during RAP implementation, these groups will need special preferences. For the aging PAPs 60-79 and 70-79 years who are vulnerable as identified in this RAP the following assistance is needed: • Land and natural resources-based livelihoods: Since these groups will lose land of which they used to farm, the support is needed to re- establish their farming activities in areas where they are moving so that they don’t miss a cropping seasons and can feed their families. This might require additional support to clear and plan the new land. • Additional training on farming techniques is needed such as use of modernized fertilizers, improved seeds and application of pesticides so that farmers could get more yields. TARURA should ask an assistance from agricultural extension officers based at ward level to assist on providing training wherever necessary. • Business based livelihoods: There among the aging vulnerable who owns businesses therefore, additional mentoring and support is needed to take advantage of the opportunities that will be offered in the project. The local procurement plan by TARURA should ensure that this group is given due consideration as far as business is concerned. • If cash compensation will be their preferred choice the project will provide some financial training to this group including opening bank accounts. • Compensation for losses at full replacement cost for the affected; • The displaced PAPs will be provided with transportation under the RAP to relocation house; • Ambulance services and any other required support for the vulnerable PAP will be considered during relocation. December 2020 Page 25 Resettlement Action Plan [RAP] for Upgrading of Wenda - Mgama Road (19km) to Appropriate Sealing Standard in Iringa District - Final RAP Ihemi Cluster Figure 4-2 Age and Sex Category of the PAPs Source: Socio economic survey for Wenda-Mgama December 2019 4.1.3 Educational level of the PAPs The level of education of the PAPs in the project area is moderate with (58.5%) of respondents having the minimum primary education (figure 4-3 below). The aim of education in this category is to determine literacy level among the PAPs. The level of literacy among the PAPs is moderate as most of the responded have attained minimum education which is the basic requirement for the country. Level of education has influence in decision making, planning purposes and for future monitoring of the project RAP. Households access to basic education is critical in determining the ability of the certain community to exploit livelihood opportunities. Figure 4-3 Educational level of the PAPs Educational level of the PAPs None 7.55 Drop out secondary school 3.77 Drop out primary school 5.66 Vocational school 7.55 College 3.77 Secondary 13.2 Primary 58.5 0 10 20 30 40 50 60 70 Percent Source: Socio economic survey for Wenda-Mgama December 2019 4.1.4 PAPS Income Per Year The distribution of income among the PAPs differs tremendously, based on their occupation. Those who engaged in agriculture have far better income compared to those who don't have any activity. December 2020 Page 26 Resettlement Action Plan [RAP] for Upgrading of Wenda - Mgama Road (19km) to Appropriate Sealing Standard in Iringa District - Final RAP Ihemi Cluster Most of the PAPs do engage in tomato plantation which is in high demand not only in the project area but also elsewhere outside the project area. The highest income earned by PAPs in the project area per year is shown in figure 4-4. It should be noted that the data sometimes are not very reliable as records of income and expenditure are not kept. Figure 4-4 PAPs Income Per Year Source: Socio economic survey for Wenda-Mgama December 2019 4.1.5 Income sources The existing sources of income were explored from respondents. As shown in Figure 4-5 overleaf, 56.7% get income through agriculture activities. Those employed are teachers; agricultural extension staff (ward level), medical employees in dispensaries within the village where services are available. Agricultural activities are seasonally carried out in most parts of the project area. Land preparation starts in January and harvest is done in July. Majority of the households are engaged in subsistence farming. Most of the farm produce is consumed at home and the surplus is sold to generate household income. Some of the villagers are engaged in other off- farm businesses after harvest to generate income for their families. Farming, although it was reported to be the most important income sources, is often not adequate to provide sufficient food and income throughout the year. Consequently, a diversity of other livelihoods gain significance as supplementary activities to provide resilience. December 2020 Page 27 Resettlement Action Plan [RAP] for Upgrading of Wenda - Mgama Road (19km) to Appropriate Sealing Standard in Iringa District - Final RAP Ihemi Cluster Figure 4-5 Income Sources of the PAPs Source: Socio economic survey for Wenda-Mgama December 2019 4.1.6 Ethnicity and Religion The main ethnic groups in the project area are Hehe who resided in Mgama, Lyamgungwe and Wenda wards. Likewise, the area has experienced an in-migration of other tribes such as Wakinga, Wapangwa and Wabena looking for economic opportunities such as employment as well as agriculture. The project area of influence does not have indigenous people who may be considered having historical, traditional and cultural origins in Wenda - Mgama where the project site is located. Some of the settlements have worship facilities, which include mosques and churches. The main religions are Christianity and Islam faiths while a few abide by traditional beliefs. The variety of Christian denominations include Roman Catholics (the most common), Lutheran, Anglican, Seventh day Adventists and Assemblies of God. The RoW does not warrant relocation of any religious building but some access will be restricted or disturbed during construction. 4.1.7 Housing Pattern Most of the houses for the houses in the project area are concentrated in the proximity of the road making some rows parallel to the road on either side. The quality of houses in the project area fair with majority of houses being made of corrugated iron sheets and burnt brick structures. Communal houses are also found in the project area i.e. government office (Ward and VEO), schools and worship centres (i.e. churches mosques.) Figure 4-6:Housing condition in the project area December 2020 Page 28 Resettlement Action Plan [RAP] for Upgrading of Wenda - Mgama Road (19km) to Appropriate Sealing Standard in Iringa District - Final RAP Ihemi Cluster 4.1.8 Availability and distance to social services Social services that are available and at a reasonable distance includes source of drinking water as majority of PAPs obtain from communal stand pipes or rivers with an average distance of 100- 200meters from their houses. Other services include shops that are within a range of 50-200 meters from PAPs houses. Social services that are far from the households includes, primary schools at an average of 1-2 kilometers from PAPs houses, secondary schools at an average of 2-3 kilometers, health facilities at 500meters to 1km from households. No Relocation of these services is envisaged in the project area therefore they will continue to have these services within their locality. 4.1.9 Graves There are two graves that need to be relocated and are found within the road At Mgama village that need to be relocated. These graves are found within 7.5 meter (RoW). Religious buildings such as churches and mosque will not be affected as they outside the ROW. More details are provided in Appendix B of this Report. Figure 4-7:Existing graves at Mgama 4.1.10 Land tenure In Tanzania, all land is held by the President on behalf of the Tanzanian state. The law recognizes three types of land: • General land, which is typically located in urban or peri-urban settings and governed by the Land Act of 1999 No 4; • Village land, which is land within villages in rural Tanzania governed by the Village Land Act of 1999 No 5; and • Reserved land, which is land reserved for national parks, forest reserves, marine parks etc. The study area is located within Iringa District Council; hence its land is classified as village land. In many ways, the dominant de facto land tenure system in the project area is still in effect a traditional customary-like system based primarily on inheritance, Land transactions within Iringa District Council are formally the responsibility of the District Land Office (and ultimately the Commissioner of Lands) and applications for land acquisitions and transfers go through this office, with the responsibility of the village chairperson being predominantly that of confirming existing land holdings and witnessing the land transaction through issuing documents for selling and buying of land including charging a certain amount for the village. However, in reality most of the activities and transactions related to land in the project area are still primarily facilitated by the village leadership. December 2020 Page 29 Resettlement Action Plan [RAP] for Upgrading of Wenda - Mgama Road (19km) to Appropriate Sealing Standard in Iringa District - Final RAP Ihemi Cluster Land being the major means of production, lack of land has a negative impact on household income. Poor families are those who cannot access land either by buying or renting this includes vulnerable groups such as single women (widows, divorced) who live below the poverty line. During the focus group discussions, participants lamented bitterly that some of their farmlands are likely to be lost during road construction. Compounding impacts as a result of loss of farm land is further reduction of farm sizes that are already inadequate to support households. Project-affected peoples (PAPs) if not fairly and adequately compensated will end up landless or have inadequate land to support their livelihoods. PAPs who will end landless if not compensated are twelve (12). Furthermore, there are 2 PAPs who will lose trees of commercial value, 10 PAPs will lose commercially structures and 5 PAPs who are physically and economically impacted i.e losing business structures. Further details are in table 6-1 of this RAP. 4.1.11Vulnerable groups or persons requiring special provisions A vulnerable person is regarded by virtue of sex, political or other option, social origin, ethnicity, property or economic status, mental or physical disabilities, birth or other status may be more adversely affected by resettlement than others and who may be limited in their ability to claim or take advantage of resettlement assistance and related development benefits. These are generally defined as those living below the poverty line, the landless, the elderly, women and children, orphans and other disadvantaged persons. Among household/community members are people regarded as vulnerable due to their inability to perform or meet their basic needs and require special treatment. These individuals will need support during and after the relocation process to enable them, maintain/improve their livelihoods or at least restore their livelihood to their pre-project conditions. Under this RAP there are twelve vulnerable people are the elderly who are at age category between 60-80 4.2 Livelihood activities 4.2.1 Agriculture Food crops cultivated in the project area are maize and beans while cash crops produced are tomatoes, ground nuts, Irish potatoes, paddy and sunflower. The agricultural system is rain fed and the weather has a significant impact on the productivity of crops. On average, one farmer can produce 1 to 2 hectares and one acre can produce between 15- 20 bags (100kg) of maize. There is no formal market system in the area where farmers can sell their cash crops rather each household sell crops to meet his/her family needs. Farmers use hand hoe and there is low application of farming inputs such as fertilizers and pesticides. Upgrading of the road will serve to improve the economic potential of agriculture for the communities providing access to better markets of the agricultural produce, livestock and livestock products by providing reliable and cost-effective means of transport. 4.2.2 Livestock keeping Animals kept are cows, goats and poultry. Livestock is used for food (meat, milk and eggs), farm manure, and skins and as a source of income for households. Cattle disease contributes to a poor quality of livestock. Diseases in the area include: tick borne disease, east coast fever, anaplasmoses, babesiosis and new cattle disease. December 2020 Page 30 Resettlement Action Plan [RAP] for Upgrading of Wenda - Mgama Road (19km) to Appropriate Sealing Standard in Iringa District - Final RAP Ihemi Cluster 4.2.3 Wage employment Prominent occupations recognized for salaried employment are found in the sectors of education, health and local government. 4.2.4 Business/trade Agricultural trade is one of the main trading activities in the area. It is conducted formally (companies with their own transportation coming to purchase commodities in villages such as tomatoes) or informally (villagers organizing transportation of goods with small transporter businessmen). Petty trade is common, Normal items being sold via petty trade are: processed food products (tea, sugar, etc.), household items and mobile credit. There are also small centers for charging mobile phones, video showing small cinemas, restaurant and eateries. 4.3 Social Services 4.3.1 Health Facilities The distribution of health services between the different villages is not equal. There is a high concentration of health facilities (health center and dispensaries in the villages of Kikombwe and Mgama. Wenda village is closer to TANZAM highway therefore they seek health services to nearby town center such as Tanangozi. Rural health centres and dispensaries do not receive regular maintenance especially those owned by the Government and as a result all seem to be dilapidated. Basic working equipment required by curative and preventive departments is hard to find. The problem of medical supplies is acute. These health services are not well equipped with required qualified staff, medicine and laboratory equipment 4.3.2 Transport Transport system is mostly by motorcycles for those who can afford. Bicycles are also owned by rural communities for commuting from one point to another. There is only one bus that uses Wenda-Mgama route to go to Iringa. The fares are high hence not affordable by many residents. Fares charged are for the final destination even for passengers who board the bus along the way or do not complete the entire route. These high fares have serious negative economic effects on the travellers. As a result, many people resort to riding bicycles or walking. 4.4 Livelihood restoration This section presents the strategy, plan and activities that will be implemented by the Project to restore and improve the livelihoods and overall standards of living of the Project Affected People. The livelihood restoration and improvement measures detailed in this section have been designed to meet both international best practice and the requirements of WB. The plan should include measures to ensure that the displaced persons are: • Offered support after displacement for transitional period, based on a reasonable estimate of the time likely to be needed to restore their livelihood and standard of living; and • Provided with development assistance in addition to compensation measures, such as land preparation, credit facilities, and training or job opportunities. The overall aim of this RAP is to ensure that there is a measurable improvement of lives and livelihoods of all PAPs. Specific objectives of the Projects Improved Livelihood Strategy are to: i) Provide sustainable livelihood packages for PAPs; ii) Provide mechanisms for those receiving cash compensation to optimize opportunities; and December 2020 Page 31 Resettlement Action Plan [RAP] for Upgrading of Wenda - Mgama Road (19km) to Appropriate Sealing Standard in Iringa District - Final RAP Ihemi Cluster iii) Engender self-reliance and foster socio-economic empowerment. In order to ensure that the livelihood of the PAPs are restored, the following non-land-based restoration activities will be undertaken. i) Training of PAPs on income generation / entrepreneurship and management skills; ii) On-job training during construction of the road. This will impart skills to PAPs who will later on apply in their life after the project, e.g. masonry, carpentry, security guarding and driving, etc.; iii) Provision of employment opportunities to PAPs by contractors during road construction; and iv) Priority will be given to vulnerable PAPs in terms of livelihood assistance. 4.4.1 Non land-based restoration and improvement Some of the proposed non-land-based restorations that may be applied to this project includes: - i) Cooperatives and micro-credit schemes TARURA in collaboration with Iringa District Council will encourage the affected people voluntarily join with available micro finance schemes such as VICOBA and SACCOS community cooperatives available in Iringa town to social support and foster social cohesion through the re-establishment of community networks. It is proposed that co-operative membership will not be limited to PAPs so that there is increased integration with host community members and others who may be interested. Micro- credit schemes are important for livelihoods enhancement, helping to support existing businesses or provide start-up funds for new SMEs. Access to such schemes is part of the Project’s Livelihood Restoration and Rehabilitation Plan to enhance PAPs access to credit, for existing or new livelihood activities. ii) Technical and vocational skill training Within the project there will be significant opportunities that will arise during construction for relatively low skills levels such as security, cleaning and cooking and the project should ensure that all these jobs are first offered to local people. However, there are available skills in the areas such as driving, mechanics and maintenance, welding, carpentry, hair dressing and tailoring of which more training is needed for PAPs and this can be organised by TARURA through identifying suitable Vocational Training Centers that are based in Iringa town. The suitability of these skills will be ascertained by the RAP Implementation Team as part of the implementation program and an appropriate program of skills training developed. It is hoped that the enhancement of such skills will generate income within the resettlement sites and contribute towards economic development and growth in the broader area. iii) Project related employment Employment opportunities during construction and the operational phase of the project will be considered as part of the Project’s Livelihood Restoration and Rehabilitation Plan. The Project is committed to hiring locals, where workers have the required skills. This means that during the project construction phase, it is expected that various short-term positions will be available. These positions are short-term and do not provide a sustainable source of livelihood, but are nonetheless significant economic opportunities. Opportunities for training to enhance employment opportunities will also be explored. December 2020 Page 32 Resettlement Action Plan [RAP] for Upgrading of Wenda - Mgama Road (19km) to Appropriate Sealing Standard in Iringa District - Final RAP Ihemi Cluster 4.4.2 Implementation The Livelihoods Restoration Plan won’t be successfully without a concerted effort from different actors who have been identified in this RAP. TARURA and other entities such as Iringa District Council in collaboration with local NGOs needs to ensure that all wide range of livelihood activities identified are implemented as planned. All stakeholders involved in implementation, especially those delivering technical assistance, will ensure that the necessary health and quality standards of the Project are met. December 2020 Page 33 Resettlement Action Plan [RAP] for Upgrading of Wenda - Mgama Road (19km) to Appropriate Sealing Standard in Iringa District - Final RAP Ihemi Cluster 5. STAKEHOLDERS ENGAGEMENT AND INFORMATION DISCLOSURE This Chapter presents all the stakeholders identified and consulted, and elaborates on the main issues and concerns raised by these stakeholders during the RAP stage. Further, in compliance with the WB ESS 10 disclosure of relevant project information helps the communities and other interested stakeholders understand the risks, impacts and opportunities of the project. ESS10 requires client to provide affected communities and any other stakeholders with access to relevant information. In fulfilling the requirements, the consultant and design engineer, distributed maps to all consulted stakeholders as part of information sharing concerning key project issues. The identification was based on the following: • Losses that they will be incur • Their roles and responsibilities • Interest and Influence on the project implementation For the purpose of ESS5, early initiation of meaningful community engagement enables affected households, communities, and other stakeholders to fully understand the implications of resettlement for their lives and to actively participate in the associated planning processes. The consultation and participation process is an ongoing, organized, and iterative process. It is important that affected disadvantaged or vulnerable individuals or groups have a voice in consultation and planning processes. This RAP has identified stakeholders who will be impacted by land acquisition process as follows; a) Stakeholders who will directly or indirectly and positively and negatively be affected; Stakeholder groups who are considered to be directly affected by the project (project-affected groups) include the following: Villagers who will loose either residential structures, commercial structures, land, permanent tree/crops; public community structure and land (cell) and graves. The meetings were in the form of (i) Focus group discussions with leaders (ii) meetings with PAPS at different locations within the project area (such as Kikombwe, Wenda, Mgama and Lyamgungwe). The meeting minutes and number of PAPS who attended the meeting is provided in Appendix C of this RAP report. 5.1 Methods of stakeholder’s participation The following methodologies were used in undertaking this exercise: 5.1.1 Household Interviews Household questionnaires were used to obtain the views of PAPs regarding the project and basic compensation and resettlement factors. Other issues that were derived from the questionnaires include, demographic information, economic activities, incomes of PAPs, type and magnitude of impact, mode of payment, land related issues, living conditions and availability and status of social services. December 2020 Page 34 Resettlement Action Plan [RAP] for Upgrading of Wenda - Mgama Road (19km) to Appropriate Sealing Standard in Iringa District - Final RAP Ihemi Cluster 5.1.2 PAPs consultations PAPs along the proposed Wenda - Mgama road project were identified in collaboration with the ward and village leaders. The process involved delineating the project road right of way and marking its boundary. Thereafter, owners and/or users of land and/or structures within the demarcated boundaries were identified as PAPs. The attendee for the meeting were Lyamgungwe 37 people, Wenda 20 people, Kikombwe 30 people and Mgama 40 people. Consultation meetings in the form of Focus Group Discussion (FGD) were conducted with PAPs in each respective village between 28th November to 5th -December ,2019. The agenda were as follows: • Presentation of the project; • Establishment of the cut-off date which was on 28th November,2019; • Information on valuation exercise and compensation process; • Project's advantages and disadvantages; and • Hearing their views of potential social issues as a result of land acquisition process. Figure 5-1 PAPs meetings in the project area Source: Consultation Meeting with PAPs November 2019 December 2020 Page 35 Resettlement Action Plan [RAP] for Upgrading of Wenda - Mgama Road (19km) to Appropriate Sealing Standard in Iringa District - Final RAP Ihemi Cluster 5.2 Summary of the stakeholder’s views and concerns Table 5-1 Summary of issues/concerns and response SN Issues/Concerns Response to comments Section in the report 1 In case of grievances how All grievances related to compensation Table 10-1 provides details will it solved? are dealt with at ward level before of the procedure that is to be tabling at higher level. followed for grievance redress in this RAP There is a grievance committee that has been proposed in this RAP which will Section 10.2.1 Grievance be used to handle all grievance matters committee 2 Will there be a fair • Compensation/resettlement Table 4-3 provides a compensation? and what should be done promptly and summary of the will be the entitlement fairly and all affected people entitlement standards for benefits should be involved in every PAPs affected by the stage of the Project. Wenda - Mgama Road. • In the event that an affected person is not satisfied with the Section 10.2.1 Grievance compensation package or the committee resettlement process, such grievances will be addressed Entitlement benefits initially through mediation section 4.4 between all parties; property owner, developer, local and regional authorities 3 Delay in payment of TARURA will ensure that PAPs are Section 4.5.3 Valuation for compensation. These is a compensated within the agreed compensation payment community concern that a timeframe time frame for paying compensation may go beyond the 6 months. 4 There should be adequate Communities will be given adequate Information is provided in the time for compensation to time to salvage whatever remains. minutes of the meetings allow affected people Construction won’t start until PAPs are Appendix C. secure proper alternative compensated. accommodation. December 2020 Page 36 Resettlement Action Plan [RAP] for Upgrading of Wenda - Mgama Road (19km) to Appropriate Sealing Standard in Iringa District - Final RAP Ihemi Cluster 6. Resettlement Impact Involuntary resettlement if unmitigated, often gives rise to severe economic, social and environmental impacts as well as health and safety risks. The impact could be a significant improvement or deterioration in people’s well-being. The likelihood and severity of the impacts depends on a number of factors but the main being; (i) The nature and scale of the activities involved in the resettlement exercise; (ii) The numbers, categories and conditions of assets lost or uses displaced; and (iii) The numbers, categories and characteristics of affected persons (PAPs) and their households and the socio-economic condition of the communities at large. 6.1 Anticipated Impacts 6.1.1 Loss of structures There are mainly three categories under this impact that include: a) Residential structures The project will result in the demolition of residential houses of which the construction materials mainly consists of corrugated iron sheets, burnt bricks, in relatively good condition, the residential structures are only used for family residence; no tenants. b) Commercial structures (wooden) Commercial structures will be affected by the proposed project. These are PAPs who have established businesses within the RoW. These PAPs will lose wooden structures under this category are entitled for loss of income and wooden structure hence be compensated for the disturbance allowance and cost for the establishing new wooden structures. c) Public Community Structure and land The public/community properties include structures and land that are publicly owned and controlled by a government authority at Kikombwe village where there is a Cell. Considering that this is government loss and will affect the daily basis of accommodating the prisoners. These has to be compensated for the loss of structure and land. 6.1.2 Loss of productive land The up grading of the Wenda - Mgama road will result in loss of plot of land for houses, commercial and agriculture. 6.1.3 Loss of Permanent crops and trees Permanent crops include those that take more than a year to reach full maturity and can be harvested over a long period of time. These include timber and shades related trees. Trees have been grown along the existing road by various PAPs as a mechanism to reduce dust impact from existing road operations, shelter or boundary of their plots. PAPs with standing crops and trees on their plots within December 2020 Page 37 Resettlement Action Plan [RAP] for Upgrading of Wenda - Mgama Road (19km) to Appropriate Sealing Standard in Iringa District - Final RAP Ihemi Cluster the defined project area are entitled to compensation of which some have grown on land owned by PAPs while others have encroached the existing road way leave. However, in some instance’s compensation may consider economic value for the loss of trees and crops (but such consideration is not equal to replacement costs, because they do not reflect market value as these costs are not updated in regular basis. Where the Borrower uses such rates as the basis for assessing value, additional measures may be necessary to ensure that the compensation paid meets the requirements of replacement value as set out in ESS5. Such measures need to be appropriately tailored to the losses incurred. For example, where fruit trees are lost, it may be necessary to adjust compensation to reflect that it can take several years after replanting before such trees begin to generate income. Under this RAP for the loss of trees and crops, Cash compensation is preferred equivalent to average of last 3 years replacement cost for the mature and harvested crop. 6.1.4 Loss of Graves Graves that are located at Mgama village need to be relocated which will lead to loss of ritual/cultural properties. 6.2 Others unintentionally impact These are people or families suffering unintentional and temporary damage to their land and property during construction due to unforeseen actions or simply by accidents such as damage to nearby crops, fruit trees or infrastructure caused by movement of machines and other construction activities. Whenever an unintentional impact occurs, during construction; the property should be compensated as per the entitlement section in this RAP. This will be the responsibility of the developer in collaboration with the contractor should be included in the contract. 6.3 Affected Assets The project will affect a total of 53 3 PAPs with 148 compensable assets as shown in Table 6-1 overleaf: The table narrows down the type of assets or use that will be affected prior to implementation of the project. The magnitude of impact of assets that must be relocated, with or without relocation of PAPs, is also indicated. Please note that one PAP loses more than one asset3 December 2020 Page 38 Resettlement Action Plan [RAP] for Upgrading of Wenda - Mgama Road (19km) to Appropriate Sealing Standard in Iringa District - Final RAP Ihemi Cluster Table 6-1 Project Impacted Assets and Magnitude of Impact Number of PAPS Category Assets Category PAPs Number Summary of Impacts /loss of Asset lost 21 (Physically Residential Structure • Land 36 Physical displacement of relocated) • Developed holders (all household (loss of dwelling) • Undeveloped don’t have (bare plot) title deed) • 3 Residential Structure not • Asset owner 10 Loss of portion of houses in use/Incomplete/Poor • 10 Loss of Land • Land 39 Loss of portion of land for houses holders (all and agriculture and commercial don’t have title deed) • 2 Loss of permanent tree • Farmers / 27 These include trees of different Asset owner maturity level. Temporary loss of income or profit 7 (Economically Commercial structure • Business 17 These are individual whose impacted) (Stall- wooden) owners business structures will be affected • hence direct loss of commercial structures and of loss of income 5 Physically and Residential and • Property 6 Physical displacement of economically commercial owners household and business (loss of impacted dwelling) and business properties 2 Annex Structure • Asset 6 Loss of Structure owners 1 Fences • Asset 3 Loss of fence owners 1 Public/Community • Government 1 Loss of community facility (Cell) structure(cell) at Kikombwe village Public community land • Government 1 Loss of community land (cell) at (cell) Kikombwe 1 Graves (cultural sites) • Land user/ 2 Grave removal Rights Total PAPs 53 Total asset lost 148 Source: Valuation Summary December 2019 December 2020 Page 39 Consultancy Services for Conducting Resettlement Action Plan [RAP] for Upgrading of Wenda - Mgama Road (19km) to Appropriate Draft RAP Sealing Standard in Iringa District - Ihemi Cluster 7. RAP Implementation budget The total compensation costs that will be provided under this RAP, as per Compensation Schedules for PAPs with compensable assets is 559,039,000 .000 Table 7-1 below shows the breakdown of valuation summary: Table 7-1 Consolidated Valuation Summary Wenda-Mgama Road No Item No of Assets Cost in Tshs 1 Buildings 62 421,293,126.00 2 Land 21802 SQM 6,341,120 3 Crops/tree 288 853,500 4 Service/Utilities 5,020,000 5 Graves 2 600,000.00 6 Accommodation allowance 83,952,000 7 Transport allowance 6,300,000 8 Disturbance allowance 34,680,620 Total compensation costs 559,039,000 Total number of PAPS 53 Source: Valuation and Inventory of Assets for Wenda- Mgama, December 2019 December 2019 P a g e | 40 Consultancy Services for Conducting Resettlement Action Plan [RAP] for Upgrading of Wenda - Mgama Road (19km) to Appropriate Draft RAP Sealing Standard in Iringa District - Ihemi Cluster 7.1 RAP Implementation budget TARURA bears responsibility for meeting all costs associated with land acquisition and resettlement. Any RAPs prepared requires a budget with estimated costs for all aspects of RAP implementation. RAP implementation budget is presented in Table 7-2 below. Table 7-2 RAP Implementation Budget Phase Descriptions Responsibility Days Amount (Tsh) Disclosure of the RAP Upon approval of the RAP reports, the reports and valuation document is to be made available for the TARURA 5 reports; PAPs and public for reference. This can be 2,000,000 disclosed at respective village government offices, Ward, TARURA and World Bank Website Office space 1,200,000 Stationaries 500,000 Inform them of the RAP implementation; Mobilization Phase TARURA, 7 6,000,000 Provide them with a timeframe for the CDO, EMO, implementation process i.e. the WEO, VEO implementation schedule Valuer and District land Assure them that they will be officer compensated and/or resettled Resolve concerns they may have Sensitize them with regard to further concerns they may have and general procedures that will be followed. Payment phase TARURA is responsible to ensure that TARURA, 7 4, 500,000 compensations have been issued to the Village respective PAPs. When making payments, Chairperson and respective village Chairpersons and WEOs WEOs should be present to assist TARURA in ensuring that payments are made to true or correct PAPs according to the approved Schedule(s) of Valuation. At that juncture, PAPs receiving their cheques have to individually sign in a dispatch book in acknowledgement of having collected the cheques. After payment To see if PAPs have properly spend the TARURA 4 2,400,000 money Administrative costs 3,000,000 Total 15,100,000 December 2019 P a g e | 41 Resettlement Action Plan [RAP] for Upgrading of Wenda - Mgama Road (19km) to Appropriate Sealing Standard in Iringa District - Final RAP Ihemi Cluster 8. MANAGEMENT OF GRIEVANCES AND DISPUTES TARURA Eenvironmental and Social team will establish an independent Grievance Redress Mechanism (GRM) for this project which will conform to the requirements of the RISE program. The grievance redress committee will be set up through Local Authorities, including a resettlement or grievances redress Committee. All PAPs will be made aware of established Grievance Redress Mechanism and informed on how to register their grievances or complaints iincluding specific concerns about compensation and relocation. The PAPs should also be informed about the dispute’s resolution process, specifically about how the disputes will be resolved in an impartial and timely manner. The grievance redress committee will produce a report containing a summary of all grievances. If needed, the dispute resolution process should include Tanzanian Courts of Law, but traditional institutions can be an effective first step in both receiving and resolving grievances One of the major challenges in implementing RAP is unsatisfactory of PAPs with amount compensated. Taking into account the complexity of resolving disputes and grievances, PAPs at the project area were informed about various grievance redress procedures and of their right to appeal if not satisfied. During surveys and inventory of PAPs and their properties and during consultation processes, concerned individuals or entities became fully aware of the extent of damages to properties, crops and commercial activities that the Project would entail. Common concerns include: • Amount, levels and time in which compensation is paid to PAPs • Seizure of assets without compensation • Handling and treatment of vulnerable PAPs and those without recognized ownership rights (e.g., tenants and squatters) 8.1 Disputes Procedures under Existing Laws Section 13 (1) of the Tanzania Land Acquisition Act 1967 includes provision regarding any land that is acquired where there is a dispute or disagreement. The Act elaborates disputes and stipulates the timeframe (six weeks) for resolving them before the aggrieved party can institute a suit in a court of law for resolution. The Land Act 1999 and supporting regulations improves Section 13(1) of the Land Acquisition Act by establishing Land Tribunals at the Ward and District levels. If not satisfied with decisions of the Land Tribunal, the aggrieved party is obliged to take the matter to the court. If the local courts and/or the Land Tribunals cannot settle the matter, the matter will go the High Court for resolution. The High Court of Tanzania and Court of Appeal is the highest appellate “judge” in this system and its decision would be final. The procedures for compensation dispute resolution prescribed by the Land Acts are cumbersome and costly, taking into account the fact that most of the PAPs have limited knowledge about legal issues and their rights with respect to the laws. Thus, the Grievance Committee should be established in order to listen to complaints brought to them by PAPs and solve them before a decision to go to court is undertaken by the PAP. 8.2 Redress and Grievance Mechanism under this RAP A grievance mechanism must be made available to parties who have grievances or are not satisfied with any part of the resettlement and compensation process. These grievances could relate to the valuation of assets, amount of compensation paid, level of consultation, non-fulfillment of contracts, and timing of compensation, amongst others. Complaints and grievances also concern issues related to construction safety and nuisances caused by construction. Grievances will be handled through negotiation aimed at achieving consensus. December 2020 P a g e | 42 Resettlement Action Plan [RAP] for Upgrading of Wenda - Mgama Road (19km) to Appropriate Sealing Standard in Iringa District - Final RAP Ihemi Cluster 8.2.1 Grievance Committee The grievance redress committee will be set up through Local Authorities, including a Resettlement or Land Committee and through community Leaders. All PAPs will be made aware of established Grievance Redress Mechanism and informed on how to register their grievances or complaints (Appendix D Sample grievance for recording grievances and disputes), including specific concerns about compensation and relocation. The PAPs should also be informed about the dispute’s resolution process, specifically about how the disputes will be resolved in an impartial and timely manner. The RAP Team will produce a Report containing a summary of all grievances. If needed, the dispute resolution process should include Tanzanian Courts of Law, but traditional institutions can be an effective first step in both receiving and resolving grievances. 8.2.2 Grievance Mechanism Procedures The Grievance Redress Mechanism in accordance with the Compensation and Resettlement Guidelines (2009) will be presented to the stakeholders during consultative meetings with District Officials and public sensitization meetings. According to the Guidelines, the individual PAPs who will be dissatisfied with compensation package or resettlement process or other related issued will present their complaints as follows: a) First, the complaint should be submitted to Ward Executive Officer (WEO) within one (1) month after compensation. In case the problem is not solved, then the case should be taken to the District Grievance Redress Committee (DGRC). b) Second, the DGRC shall review the matter and provide resolution to the PAPs’ complaint within stated period (say 14 days). c) Third, in case the DGRC has failed to resolve the case or the PAPs is dissatisfied with the decision of the DGRC, it shall be taken the case to the Court of Law as per Land Acquisition Act No. 4 of 1967 and the Land Act No. 4 and 5 of 1999. d) Fourth, if the claimant is not satisfied with the decision of Court of Law, he/she may take the case to the Court of Appeal. Table 8-1 below provides details of the procedure that is to be followed for grievance redress in this RAP Table 8-1 Grievance Redress Procedure Step Reporting Officer/Committe Timefra Grievance Grievance not Officer/Committee e Members me to Redressed Redressed Redress 1 Complaint related to Grievance 14 days If the grievance is If the grievance compensation should be Committee of ward resolved and the PAP is not resolved, submitted to Ward Executive level is satisfied with the go to step 2. Officer (WEO/VEO) within committees or local one (1) month after government’s compensation. decision, a report of the same shall be Other complaints on prepared and copy construction phase are handover to PAP and submitted to the office on case closed. occurrence basis and referral is made accordingly. December 2020 P a g e | 43 Resettlement Action Plan [RAP] for Upgrading of Wenda - Mgama Road (19km) to Appropriate Sealing Standard in Iringa District - Final RAP Ihemi Cluster 2 If PAP is not satisfied with Grievance 14 Days If the grievance is If the grievance step 1 decision, the case shall Committee of resolved and the PAP is not resolved, be forwarded to the land District level is satisfied with GRC go to step 3. DGRC. DGRC shall review decision, a report the matter and provide shall be prepared by resolution to the PAPs’ the respective LGA. A copy of the report shall be handover to PAP for record and copies to be submitted to Local communities for record, case closed. 3 PAP takes the case to court of Law. (i) Mistakes related to identification of affected property and people within the right- of-way; (ii) Disagreements related to the ownership of property (inheritance and divorce); (iii) Disagreements on land and asset valuation; (iv) Disagreements on other compensation allowances; (v) Problems relating to the time and manner of compensation. The District Grievance Redress Committee (DGRC) will comprise the following members: 1. District Commissioner -Chairperson 2. TARURA coordinator -Secretariat 3. TARURA - Sociologist and Environmental officer 4. District Land Officer -Member 5. District Legal Officer -Member 6. District Valuer - Member 7. District Community Development Officer/Sociologist - Member 8. NGO representative 9. Mtaa/Village Executive Officer from the area where the project is located 10. Representative of Project Affected Persons (PAPs) The Ward Grievance Redress Committee will be comprised of the following members: 1. Ward Executive Officer/VEO (Chairperson) 2. TARURA Council Manager/TANROADS Regional Manager (Secretary) 3. TARURA/TANROADS Sociologist and Environmental officer 4. Ward Community Development Officer 5. Representative from local community who is neither interested nor affected by project (Member) 6. Representative of Project Affected Persons (PAP) from Street/Village level (Member) 7. Representative from Ward level (Ward Community Development Officer) (Member) 8. Mtaa/Village Executive Officers and Chairperson will be members of the Committee because of their positions December 2020 P a g e | 44 Resettlement Action Plan [RAP] for Upgrading of Wenda - Mgama Road (19km) to Appropriate Sealing Standard in Iringa District - Final RAP Ihemi Cluster 9. RAP Preparation and Implementation Steps 9.1 Compensation and Resettlement Scheduling The implementing agency (TARURA) is to prepare a time schedule that indicates how the resettlement activities are linked to the implementation of the overall project. A time-bound implementation schedule of all activities relating to land acquisition and payment of compensation will be included in this RAP for Wenda -Mgama Project. The schedule includes target dates for the achievement of expected benefits to PAPs and terminating the various forms of assistance. Payment of compensation should be completed at least one month prior to land acquisition. If there is a delay of one year or more between land or asset valuation and payment of compensation, compensation rates will be adjusted for inflation or other cost factors. 4 An example of a RAP implementation schedule demonstrating the key milestones is presented in Table 9-1 below: Table 9-1 Compensation and Resettlement Scheduling No Action Time frame Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec 1 RAP Implementation 1.1 Awareness raising meetings 1.2 Mobilizations 1.3 Farm preparations and harvest Preparation of plots for resettlement 1.4 Notice to farmers to salvage crops and other valuable assets 1.5 Disclosure of RAP 1.6 Development of RAP Data base 1.7 Verification of PAPs, entitlement and disclosure 1.8 Additional Consultation with PAPs 1.9 Opening of Bank accounts 1.10 Compensation payments and delivery of other entitlements 1.11 Addressing Grievances and Dispute Resolution Unless the statutory requirements of the country state otherwise e.g. in Tanzania, the delay is set to six months.4 December 2020 P a g e | 45 Resettlement Action Plan [RAP] for Upgrading of Wenda - Mgama Road (19km) to Appropriate Sealing Standard in Iringa District - Final RAP Ihemi Cluster 1.12 Monitoring of RAP implementation 1.13 Evaluation of RAP implementation 2 Procurement of Contractor 2.1 Finalisation of sub-project designs 2.2 Tender award for supervision and construction 3 Construction Works 3.1 Mobilisation of contractor 3.2 Construction The timing mechanism of these measures will ensure that no individual or affected household will be displaced due to civil works activity before compensation is paid including all benefits with adequate facilities are prepared and provided for to the individual or household affected. Once the resettlement and compensation plan is approved by the project implementing agency, the resettlement and compensation plan, will, at the discretion of the Bank, be sent to the World Bank for final review and approval. December 2020 P a g e | 46 Resettlement Action Plan [RAP] for Upgrading of Wenda - Mgama Road (19km) to Appropriate Sealing Standard in Iringa District - Final RAP Ihemi Cluster 10. MONITORING AND EVALUATION RAP implementation will be closely monitored to provide TARURA an effective basis for assessing resettlement progress and to identify potential difficulties and problems. Broadly, the Monitoring and Evaluation system will involve administrative monitoring, including but not limited to: daily planning, implementation, feedback and troubleshooting, progress reporting. Monitoring the progress of RAP execution will be carried out through internal monitoring processes by TARURA and through external monitoring involving other agencies as may be deemed appropriate. 10.1 Evaluation The process of evaluation will be raised and the reference will be made from the Resettlement Action Plan (RAP) and its possible amendment required as a result final consultation and public release in World Bank, Info-shop, the Tanzania law and regulations and ESS5. The following are the objectives of the valuation: (i) General assessment of the compliance of the implementation of the Resettlement Action Plan with general objectives and methods as set in this document. (ii) Assessment of the compliance of the implementation of the Resettlement Action Plan with laws, regulations and safeguard policies. (iii) Assessment of the consultation procedures that took place at individual and community level, together with the Central Government and Local Government levels Assessment of fair, adequate and prompt compensation as they have been implemented. (iv) Evaluation of the impact of the compensation on income and standard of living (v) Identification of actions as part of the on-going monitoring to improve the positive impact of the program and mitigate its possible negative impact if any. 10.2 Monitoring and Evaluation Indicators Internal monitoring for RAP implementation will be carried out till all PAP have vacated their existing properties. TARURA should agree on the maximum time of vacating and this should be done once all PAPs have received their compensation. It is recommended that maximum time of vacating could be three months. Iringa District Council will keep record of all progress and prepare regular monitoring resettlement implementation reports that outline the successes and challenges encountered and submit to respective district councils. To maximize efficiency TARURA can hire temporary staff, or outsource required service to provide regular views and quality control in addressing provisions of the RAP. Data from field surveys will be used as the benchmark for monitoring the progress of RAP implementation. This RAP suggests that monitoring to be based on maintaining a full-time presence in the field during resettlement implementation; in coordination with respective District Authorities and those at the ward level and monitoring to involve the following: • Administrative monitoring to ensure that implementation is on schedule and problems are dealt with on a timely basis. • Socio-economic monitoring during and after the relocation process to ensure that persons have been able to recover successfully and as anticipated from the relocation program. • Administrative monitoring to ensure that relocation of graves has been adequately performed December 2020 P a g e | 47 Resettlement Action Plan [RAP] for Upgrading of Wenda - Mgama Road (19km) to Appropriate Sealing Standard in Iringa District - Final RAP Ihemi Cluster and all PAPs have been well involved inthe relocation process • Data from baseline socio-economic surveys undertaken during consultation will provide the benchmark for monitoring to assess the progress and success of RAP implementation. Monitoring will also include communication with PAPs and documentation of reactions from PAPs and physical monitoringof rogress of the RAP’s implementation, including the relocation of PAPs and the affected community assets. For impact monitoring it is planned that an evaluation be conducted by an independent third party to determine the overall impact of the RAP. The key objective of the external evaluation will be to determine whether efforts to restore the living standards of the affected population have been properly executed. The evaluation will also verify the results of performance monitoring and identify adjustments to the RAP packages, if required. The evaluation will assess, inter alia: • The appropriateness of the relocation sites; • The appropriateness of the implementation schedule; • The appropriateness of the grievance mechanism; • The appropriateness for assisting vulnerable groups; The Project Affected Persons (PAPs) will be actively involved and informed in impact monitoring through participatory meetings. The cooperation of the Village Executive Officer and Ward Executive Officer is also crucial during these evaluations. It is anticipated that impact monitoring will first be carried out approximately 3months after the PAPs have been relocated, and thereafter annually for a period of at least 2 years. At the end of each evaluation, a report will be submitted to IPS and the respective district giving details of the evaluation and its findings. Table 10-1 below provides indicators for monitoring and evaluations. Table 10-1 Indicators for monitoring and evaluation VERIFIABLE INDICATORS Monitoring Evaluation Number of outstanding compensation or resettlement Number of outstanding individual compensation or contracts not completed before next agricultural season. resettlement contracts. Number of outstanding village compensation Number of communities unable to effect village-level contracts. compensation after two years. Number of Grievances recognized as legitimate out of all All legitimate grievances rectified complaints lodged. Pre- project production and income (year before land Affected individuals and/or households used) versus present production and income of resettles, compensated or resettled in first year who have off-farm-income trainees, and users of improved mining maintained their previous standard of living at final or agricultural techniques. evaluation. Pre- project production versus present production (crop Equal or improved production per household. for crop, land for land). Pre-project income of vulnerable individuals identified Higher post- project income of vulnerable versus present income of vulnerable groups individuals. TARURA will be responsible for RAP implementation, monitoring and evaluation and will provide regular progress reports to the Bank. To meet this end, it will structure, with its own personnel or alternatively through an outsourced specialized consultancy, a TARURA Environmental and Social Team. December 2020 P a g e | 48 Resettlement Action Plan [RAP] for Upgrading of Wenda - Mgama Road (19km) to Appropriate Sealing Standard in Iringa District - Final RAP Ihemi Cluster The organizational structure of the team responsible for overseeing RAP i m p l e m e n t a t i o n and providing assistance to PAPs as may be required will include the skills to: • Coordinate all necessary actions to ensure that all compensation and assistance measures are implemented in a proper and timely manner; • Identify problem cases ensuring they are dealt with; • Document all resettlement procedures; • Constitute and maintain the RAP database to be used in the process of evaluation of resettlement; • Ensure proper participation of affected peoples in the RAP process; • Prepare and submit reports. The team will carry out timely inspections in every area where resettlement is taking place, with the frequency deemed necessary by the team Manager. Since full documentation of all assistance provided is necessary, the key steps of each PAP resettlement will need to be directly supervised. The team shall verify that each PAP receives all entitlements established for it in the RAP. 10.3 Audits The key objective of this external evaluation, or completion audit, is to determine whether the sponsor’s efforts to restore the living standards of the affected population have been properly conceived and executed. The audit should verify that all physical inputs committed in the RAP have been delivered and all services provided. In addition, the audit should evaluate whether the mitigation actions prescribed in the RAP have had the desired effect. The socioeconomic status of the affected population, including the host population, should be measured against the baseline conditions of the population before displacement, (as established through the census and socioeconomic studies. The completion audit should be undertaken after all RAP inputs including development initiative have been completed, but well before the financial commitments to the Client have been met. The timing of the audit thus enables the sponsor to undertake corrective action, if any, as recommended by the auditors before the project is complete. In the majority of cases, the completion audit should bring to closure the sponsor’s liability for resettlement, compensation, livelihood restoration, and development support. A RAP Implementation Completion Audit will also be conducted. In specific the audit will be able to: • To assess whether the outcome of RAP complies with the resettlement policy • To determine whether efforts to restore the living standards of the affected persons have been properly conceived and executed • To verify physical inputs committed to RAP have been delivered and all services provided In addition, the completion audit should evaluate whether the mitigation measures prescribed in RAP have had desired effect. The socio-economic status of affected population including the host communities will be measured against the baseline conditions of the population before displacement (as established through the census and socio-economic surveys). The completion audit will be undertaken when all RAP inputs including development initiatives have been completed. This should lead to the preparation of RAP Implementation Completion Report. At the end of compensation or six months after the last compensated PAP, a resettlement completion report will be prepared. This RAP ICR will indicate the following: • Background of the RAP preparation including a description of the project activities, scope of impacts, number of affected persons, and estimate budget. December 2020 P a g e | 49 Resettlement Action Plan [RAP] for Upgrading of Wenda - Mgama Road (19km) to Appropriate Sealing Standard in Iringa District - Final RAP Ihemi Cluster • Update of its implementation with actual numbers of displaced persons by segments, compensation paid, issues/complaints raised and solutions provided • Resettlement assistance and Rehabilitation measures (where applicable) • Early assessment of the impacts of resettlement and compensation on affected categories at the time of the report production. • Total sum disbursed (compare with budget and explanation) • Lessons learned from the RAP implementation • Suggested annex: Valuation Report and Signed Compensation Schedules This report should be prepared and submitted to the Bank 6 months after the end of compensation payment or before the Implementation Completion Report (ICR) of the project by the Bank, whichever comes first. The RAP implementation report should include (but not be limited to) the following information: - December 2020 P a g e | 50 Resettlement Action Plan [RAP] for Upgrading of Wenda - Mgama Road (19km) to Appropriate Sealing Standard in Iringa District - Final RAP Ihemi Cluster 11. REFERENCES Environmental Code of Practice for Road Works, 2009, Ministry of Infrastructure Development, Government of Tanzania. Road Sector Environmental Assessment and Management Guidelines, 2011, Ministry of Works, Government of Tanzania National Bureau of Statistics& Office of Chief Government Stastician-Zanzibar (2013). 2012 Population and Housing Census. Dar es Salaam, Tanzania. National Environmental Management Council (2004). The Environmental Management Act (EMA), Cap 191. Government Printers, Dar es Salaam, Tanzania. SAGCOT (2016). Encouraging Green Agricultural Development in the SAGCOT Region of Tanzania. Science for Nature and People Partnership (SNAPP). Tanzania. The United Republic of Tanzania (2013). Iringa Rural District Council socio-economic profile.Iringa, Tanzania. URT, (1967), The Land Acquisition Act. No 47 of 1967 URT, (1977), The Constitution of the United Republic of Tanzania of 1977 URT, (1982), The Local Government (District Authorities) Act. No. 7 of 1982 URT, (1996), The National Land Policy, 1996 URT, (1999), The National Land Act, Cap 113 URT, (1999), The Village Land Act, Cap 114 URT, (2001), The Land Act No. 4 Regulations 2001 subsidiary Legislation (Supp. No. 16 of 4th May 2001) URT, (2002), The Land (Assessment of the Value of Land for Compensation) Regulations, 2001 and the Village Land Regulations, 2002 URT, (2002), The Land Disputes Court Act. 2002 (Act N0.2 of 2002) Vice President’s office (1997). The National Environmental Policy. Government Printers, Dar es Salaam. Tanzania. World Bank/IFC References December 2020 P a g e | 51 Resettlement Action Plan [RAP] for Upgrading of Wenda - Mgama Road (19km) to Appropriate Sealing Standard in Iringa District - Final RAP Ihemi Cluster 12. APPENDICES December 2020 P a g e | 52 Resettlement Action Plan [RAP] for Upgrading of Wenda - Mgama Road (19km) to Appropriate Sealing Standard in Iringa District - Final RAP Ihemi Cluster APPENDIX A Valuation with List of PAPs December 2020 P a g e | 53 Resettlement Action Plan [RAP] for Upgrading of Wenda - Mgama Road (19km) to Appropriate Sealing Standard in Iringa District - Final RAP Ihemi Cluster APPENDIX B Inventory of Affected Properties and Costs December 2020 P a g e | 54 Resettlement Action Plan [RAP] for Upgrading of Wenda - Mgama Road (19km) to Appropriate Sealing Standard in Iringa District - Final RAP Ihemi Cluster APPENDIX C Minutes of the Meetings December 2020 P a g e | 55 Resettlement Action Plan [RAP] for Upgrading of Wenda - Mgama Road (19km) to Appropriate Sealing Standard in Iringa District - Final RAP Ihemi Cluster APPENDIX D: Sample Grievance Form December 2020 P a g e | 56 Resettlement Action Plan [RAP] for Upgrading of Wenda - Mgama Road (19km) to Appropriate Sealing Standard in Iringa District - Final RAP Ihemi Cluster APPENDIX E: Terms of References December 2020 P a g e | 57 Resettlement Action Plan [RAP] for Upgrading of Wenda - Mgama Road (19km) to Appropriate Sealing Standard in Iringa District - Final RAP Ihemi Cluster APPENDIX F: PARCELLARY MAPS December 2020 P a g e | 58