UNITED REPUBLIC OF TANZANIA MINISTRY OF WORKS, TRANSPORT AND COMMUNICATION

Transcription

1 UNITED REPUBLIC OF TANZANIA Public Disclosure Authorized MINISTRY OF WORKS, TRANSPORT AND COMMUNICATION SFG1587 V2 Public Disclosure Authorized TANZANIA NATIONAL ROADS AGENCY (TANROADS P. O. BOX 11364, 3 rd Floor, Airtel House, Ali Hassan Mwinyi Road/Kawawa Roads Junction, Dar es Salaam Tanzania. Tel: , Fax: tanroadshq@tanroads.go.tz Web: Public Disclosure Authorized Public Disclosure Authorized RESETTLEMENT ACTION PLAN (RAP) FOR RAPID TRANSIT SYSTEM FOR PHASE 2 AND 3 IN DAR ES SALAAM CITY Submitted to: WORLD BANK Transport Sector Support Project World Bank 50 Mirambo Street P.O. Box 2054 DAR ES SALAAM December, 2016 i

2 Table of Contents List of Table... vii List of Photos... vii Abbreviation & Acronyms... viii Definitions of Terms... ix Executive Summary... xii 1.0 Introduction Project Background Project Objectives Objectives of RAP Proposed BRT Project Description Overview of the Project Influence Area Project Location and Its Administrative Boundaries Population of the Project Area Project Roads Description Approaches and Methodology Introduction Phase One: Pre Survey Activities Collection and review of project literature Rapid reconnaissance survey to familiarize field activities Phase 2: Survey Activities Census and socio-economic household survey affected persons and Street Vendors Assessment Consultation Meetings Disclosure of the Resettlement Action Plan Project activities and Identification of Project Impacts of Affected People Activities that will adversely affect populations or Activities that will lead to resettlement Construction of Terminal Buildings Construction of a Deport ii

3 3.1.3 Construction of the main Dart Road Construction of Fly over Construction of Bus stations Turning Radius Construction of Feeder Stations Construction of walk ways Project Impacts Loss of residential Structures Loss of Commercial Structures Loss of Community and Public Structures and entities Loss of Land Impact on Permanent Crops/Trees (Individual PAP) Impact on public permanent trees Impact on Seasonal Crops Destruction of Graves Measures to Minimize Resettlement Impact Change of alignment Confine Project Activities within existing Right of Way Organization and Responsibility RAP implementation Organizations and Institutions RAP updating and management of Issues Identification of PAPs representatives Public Consultative and Participatory Meetings Objective of Public participation and Consultation Identification of Stakeholders for Consultation Methods of stakeholder participation Mechanism for Continued Consultation Socio-Economic Profile of the Affected Population Objective of Census and Socio-economic Survey Demographic Characteristics of the Project Affected Households Age of respondents iii

4 6.2.2 Gender of respondents Education of PAPs respondents Economic Activities of the PAPs Source and Average monthly income of the PAPs Availability and Distance to Social services Types and Size of Impacted House Structures Social Services in the Project Area Vulnerable Groups or Persons requiring Special Provisions Willingness to relocate Introduction Demographic and Social Profile of Mobile Vendors Vendors Trading Sites and Structures for Displaying Goods Vending activities and Commodities Vendor s Level of Income per month Vendors Source of Capital and Indebtedness Working Conditions and Conflicts of Street Vendors The Preferences of Mobile vendors to new markets Mobile vendors awareness about the project Street Vendors Views and Concerns Relocation of informal Vendors Policy and Legal Framework Introduction Policy Framework The World Bank Involuntary Resettlement Policy (OP 4.12) Legal Framework Road Sector Compensation and Resettlement Guidelines Gap Analysis of National Laws vis-à-vis World Bank Policy Institutional Arrangement for RAP Implementation Eligibility and Entitlement Identification of Project Affected Groups /Individuals Categories of Affected People iv

5 9.3 Compensation Others unintentionally impact Compensation for Property of Deceased Persons Cut off Date Assistance for vulnerable groups Entitlement Matrix Methods of Valuing Affected Assets and Compensation Payments Livelihood Restoration Payment Timing Land Market Value Environmental Protection Implementation Schedule Resettlement Implementation and Commencement of Construction Costs and Budgets Statements of financial responsibility and authority Sources of funds and the flow of funds Specific mechanisms to adjust cost estimates by the inflation factor Grievances Redress Mechanisms Introduction Potential Sources of Grievances Sensitization on Grievance Redress Mechanism Proposed Grievances Procedures Grievance Redress Committees Monitoring and Evaluation Internal Monitoring Responsibility Performance Monitoring Impact Monitoring Monitoring and Evaluation Indicators Frequency of Monitoring Resettlement Implementation Completion report v

6 16.0 Conclusions and Recommendations Conclusion Way forward References Annexes Annex 1: List of PAPs at Gongo la Mboto Bus Terminal and Depot Annex 2: Valuation analysis of properties affected by dart project along Nyerere road (dart phase 3) Annex 3: Valuation analysis of properties owners at Gongo la Mboto bus terminal and depot Annex 4: Schedule of PAPs affected by DART project along Nyerere road, Uhuru road in Ilala municipality for compensation purpose Annex 5: Compensation Schedule for property owners at Gongo lamboto Bus Terminal and Depot Annex 6: List of tenants for dart project at Gongo la Mboto bus terminal and depot Annex 7: Report on Valuation of a Holdout in DART Roads Project at Gongo la Mboto Terminal and Depot (Phase III) Dar es Salaam City for Compensation Purposes Annex 8: List of Female Headed Households at Gongo la Mboto Bus Terminal and Depot Annex 9: Public consultation details vi

7 List of Table Table 1: List of wards and Mtaa affected by the project... 7 Table 2: Population distribution in affected wards... 8 Table 3: Public consultation and participation schedule Table 4: Project affected Households, assets and magnitude of impacts Table 5: List of affected tenants in Gongo la Mboto Bus terminal and depot Table 6: Affected public infrastructures and other properties Table 7: Affected Trees at Gongo la Mboto bus terminal and depot Table 8: Affected Trees along Nyerere road Table 9: Institutional roles and responsibilities in RAP implementation Table 10: Committees and responsibilities for RAP implementation Table 11: Stakeholder's views and concerns Table 12: Head of household's primary economic activities ble 13: The number of rooms owned by PAPs Table 14: Number and type of vulnerable PAPs Table 15: Demographic and social profile of vendors Table 16: Materials for vendor's structures Table 17: Street vendor's views and concerns Table 18: Comparison of Tanzania and World Bank policies on Resettlement and compensation Table 19: Entitlement matrix for the PAPs under the BRT Phase III project Table 20: Environmental impacts and the proposed measures Table 21: Implementation schedule Table 22: Summary of Valuation Report: Components and Compensation Costs Table 23: Monitoring indicators and frequency of monitoring during RAP and Post RAP implementation List of Figure Figure 1: Proposed DART BRT Network Plan Figure 2: Proposed DART BRT Road system Figure 3: Percent distribution of head of household's marital status Figure 4: Percent distribution of vendor's head of household's marital status Figure 5: Percent distribution of Vendor's level of income List of Photos Photo 1: One of the consultative meetings at Kipunguni in Kipawa ward Photo 2: Some of the structures to be affected at Guruka Kwalala in Gongo la Mboto ward Photo 3: Some of the vendor's activities and commodities at Gongo la Mboto vii

8 Abbreviation & Acronyms ATMs - Automated Teller Machines BRT - Bus Rapid Transit CTCP - Tanzania Central Transport Corridor Project DART - Dar es Salaam Rapid Transport DAWASA - Dar es Salaam Water and Sewerage Authority DAWASCO - Dar es Salaam Water and Sewerage Corporation DGRC - District Grievance Redress Committee EIA - Environmental Impact Assessment ESMP - Environmental and Social Management Plan HIV/AIDS - Human immunodeficiency Virus Infection and Acquired Immune Deficiency Syndrome MEO - Mtaa Executive Officer MGRC - Mtaa Grievance Redress Committee MMDO - Mwembe Madafu Development Organization NGOs - Non Governmental Organizations NMT - Non-Motorized Transport OP - Operational Policy PAPs - Project Affected People RAP - Resettlement Action Plan ROW - Right of Way SUMATRA - The Surface and Transport Regulatory Authority TANESCO - Tanzania Electric Supply Company Limited TANROADS - Tanzania National Roads Agency TAZARA - Tanzania Zambia Railway Authority TCRA - Tanzania Communications Regulatory Authority TTCL - Tanzania Telecommunications Company Limited WEO - Ward Executive Officers viii

9 Definitions of Terms Unless the context dictates otherwise, the following terms shall have the following meanings:- 1. Affected people refers to people who are directly affected socially and economically by World Bank-assisted investment projects caused by: a. Relocation or loss of shelter b. 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; or a. The involuntary restriction or access to legally designated parks and protected areas results in adverse impacts on the livelihood of the displaced persons. 2. Census means a field survey carried out to identify and determine the number of Project Affected Persons (PAP), their assets, and potential impacts; in accordance with the procedures, satisfactory to the relevant government authorities, and the World Bank Safeguard Policies. The meaning of the word shall also embrace the criteria for eligibility for compensation, resettlement and other measures, emanating from consultations with affected communities and the Local Leaders. 3. Environmental and Social Management Framework (ESMF) is a safeguard instrument (document) which will set out a mechanism to determine and assess future potential environmental and social impacts of the project funded activities in the infrastructure development program and other activities associated with this project regardless of funding agency in the six secondary cities. The framework will set out mitigation, monitoring and institutional measures to be taken during design, implementation and operation of the project activities to eliminate adverse environmental and social impacts, offset them, or reduce them to acceptable levels. 4. Compensation means the payment in kind, cash or other assets given in exchange for the taking of land, or loss of other assets, including fixed assets thereon, in part or whole. 5. Cut-off date Date of completion of the census and assets inventory of persons affected by the project. Persons occupying the project area after the cutoff date are not eligible for ix

10 compensation and/or resettlement assistance. Similarly, fixed assets (such as built structures, crops, fruit trees, and woodlots) established after the date of completion of the assets inventory, or an alternative mutually agreed on date, will not be compensated. 6. Project affected persons (PAPs) means persons who, for reasons of the involuntary taking or voluntary contribution of their land and other assets under the project, result in direct economic and or social adverse impacts, regardless of whether or not the said Project affected persons physically relocate. These people may have their: a. Standard of living adversely affected, whether or not the Project Affected Person must move to another location; b. Right, title, interest in any house, land (including premises, agricultural and grazing land) or any other fixed or movable asset acquired or possessed, temporarily 7. Public permanent Trees Trees that have been grown by the Dar es Salaam municipalities along the existing road as a mechanism to reduce dust impact from existing road operations, shelter and for aesthetic value of the city or boundary of their plots. 8. Partially Affected refer to a situation a where a structure which is part of the main building (toilet, kitchen, animal shed, wall) is affected while there is alternative land within the area to put another structure) or a piece of land of less than 60 percent of the total area is acquired without affecting the normal function of the land. 9. Completely Affected refer to a situation where the whole structure or land (more than 60 percent) is affected or acquired, hence affect the normal function of the structure or land. 10. Replacement Cost is defined as follows: For agricultural land, it is the pre-project or predisplacement, whichever is higher, market value of land of equal productive potential or use located in the vicinity of the affected land, plus the cost of preparing the land to levels similar to those of the affected land, plus the cost of any registration and transfer taxes. For land in urban areas, it is the pre-displacement market value of land of equal size and use, with similar or improved public infrastructure facilities and services and located in the vicinity of the affected land, plus the cost of any registration and transfer taxes. For houses and other structures, it is the market cost of the materials to build a replacement structure with an area and quality similar to or better than those of the affected structure, or to repair a partially affected structure, plus the cost of transporting building materials to the construction site, plus the cost of any labor and x

11 contractors' fees, plus the cost of any registration and transfer taxes. In determining the replacement cost, depreciation of the asset and the value of salvage materials are not taken into account, nor is the value of benefits to be derived from the project deducted from the valuation of an affected asset. Where domestic law does not meet the standard of compensation at full replacement cost, compensation under domestic law is supplemented by additional measures so as to meet the replacement cost standard. Such additional assistance is distinct from resettlement measures to be provided under other clauses in OP 4.12, para. 6. xi

12 Executive Summary Rationale for Road Improvement Public transport in Dar es Salaam City is generally poor and unsafe, lacking professionalism, efficiency, quality and safety for the passengers. The main factors leading to the above situation include; rapid expansion of the City which has far outpaced the capacity to provide basic infrastructure (such as good roads) and services, poor state of majority of the buses, untrained bus drivers and conductors driven by the pursuit of daily revenue targets payable to the bus owners, non-adherence to traffic rules and regulations and lack of an organized public transport system. Public transport service is dominated small buses called Daladala, of which there are about 9,000 of these Daladala, with capacities ranging from 16 to 35 passengers (SUMATRA, 2009, Ilala Municipal Council, 2009). The service offered is poor due to overloading and overcrowded buses particularly during peak hours, reckless driving, route shortening, harassment of women and schoolchildren and polluting vehicles particularly during peak hours dominated by traffic jams on most major roads in the City. The rationale behind the proposed Bus Rapid Transit System is to regulate urban transport through a specialized infrastructure known as Bus Rapid Transit (BRT) that has been tested in other cities over the last 25 years. Therefore the project aims at ensuring orderly flow of traffic on urban streets and roads by increasing the level of mobility, promoting the use of nonmotorised transport, and to meet the ever increasing travel demand of the city residents with ultimate aim of increasing comfort and quality of life and urban development, thus reducing traffic congestion in the city. Financing of the Project The proposed road improvement for Tanzania Central Transport Corridor Project (CTCP) - Phase 3 is likely to be jointly financed by the World Bank and the Government of Tanzania. xii

13 Categories of Project Impacts The planned development of construction of phase III of the DART project and associated road furniture will have resettlement impacts arising from the following project activities; construction of terminal, construction of a deport, construction of the main Dart Roads, cconstruction of Fly over, construction of Bus stations, tturning radius, construction of Feeder Stations and construction of walk ways. Following these activities a total of 992 PAPs with residential and commercial structures will be structures will be completely affected and will be physical moved to another area of their own choice while four (04) PAPs will be partially affected and will not be physically moved. The project will also affect 977 residential tenants and 37 commercial tenants. Furthermore, the project will affect public infrastructures, utilities and crops. The summary of the project impacts is shown in the following Tables: Project affected assets and magnitude of impacts Area Number of PAHs Number of PAPs Number of affected structure Gongo la Mboto - Guruka Kwalala (Bus terminal and Deport Type of affected structure Land (Residential commercial and and Magnitude of Impact and Relocation status Completely affected and will be physically moved Land and fence Partially affected and No relocation Ukonga (Nyerere Road) Gongo la Mboto (Nyerere road) Shop frame Partially affected and No relocation Building Completely affected and will be physically moved Land and fence Partially affected and No relocation Building Completely affected and will be physically moved Building Completely affected and will be physically moved xiii

14 Uwanja wa Ndege (Nyerere road) Part of garage building Shop building Mosque Ilala Regional commissioner s fence Partially affected No relocation Completely affected and will be physically moved Completely affected and will be physically moved Partially affected and No relocation Total Source: Kyong Dong Engineering Co., Ltd. In association with Ambicon Engineering (T) Limited, 2014 and Independent consultants, 2016 Table 5: List affected Tenants Category of Tenants Number of PAHs Number of PAPs Level of Impact Residential tenants Completely affected Commercial tenants - 37 Completely affected Total 244 1,014 Source: Kyong Dong Engineering Co., Ltd. In association with Ambicon Engineering (T) Limited, Affected public infrastructures, other properties and tenants Type of Number of Ownership infrastructure/properties affected public infrastructure and utilities Mtaa office 01 Guruka Kwalala Mtaa Bore holes owned by Guruka Kwalala Mtaa currently serving the community 14 owned by individuals but serving the community Bill boards 16 Owned by individuals/companies and NGOs but for public use ATM machine 01 Akiba Commercial Bank Underground water pipes and sewerage systems - DAWASA Underground water pipes - Mwembe Madafu Development Organization (MMDO). The pipes are xiv

15 located close to the graves that will be removed at Ukonga Mwembe Madafu Mtaa Power distribution lines and - TANESCO poles Graves 10 Individuals Source: Kyong Dong Engineering Co., Ltd. in association with Ambicon Engineering (T) Limited, 2015 and Independent consultants, 2016 N.B: The total number of trees and utilities to be affected along the roads is excluded Affected Crops/Trees at Gongo la Mboto Bus Terminal and Depot S/n Type of Crops/Trees Number S/n Type of Crops/Trees Number Moringa, Drumstick tree 6 Rambutan (Muashoki) (Mlonge) 2 Neem trees (Mwarubaini) Msufi 2 3 Starfruit, carambola 1 21 Mjengua 3 (Mbilimbi) 4 Henna, Zanzibar bark Lemon trees 7 (Mhina) 5 Coconut trees Mivinje 4 6 Soursop (Mstafeli) Mkurunge 8 7 Passion 2 25 Alovera 4 8 Mjenga ua 5 26 Date palm (Mtende) 12 9 Pawpaw Rough-leaved corkwood 8 (Mchongoma) 10 Avocado trees 4 28 Tamarind trees (Mkwaju) 2 11 Guava tress Uzazi wa mpango 3 12 Mango trees 5 30 Flamboyant tree (Mjohoro) 9 13 Oil Palm trees 5 31 Fever Trees (Mbura) 1 (Mchikichi) 14 Midodoma Durian (Mduriani) 1 15 Mifagua 1 33 Orange tree 3 16 Banana trees Pomegranate 2 (Mkomamanga) 17 Timber 1 35 Mzeituni 2 18 Shade trees Jackfruit 1 Total xv

16 Affected Crops/Trees along Nyerere Road S/n Type of Crops/Trees Number 1 Mkuyu 1 2 Neem trees (Mwarubaini) 5 3 Flamboyant tree (Mjohoro 3 Total 09 Source: Kyong Dong Engineering Co., Ltd. in association with Ambicon Engineering (T) Limited, 2015 and Independent Consultants, 2016 Public Consultative and Participatory Meetings Effective resettlement planning requires regular consultation with a wide range of project stakeholders. Broadly defined, stakeholders include any individual or group affected by, the project, either positively or negatively including the host community. The overall goal of the consultation process was to disseminate project information and to incorporate the views of various stakeholders in the project design, implementation; mitigation measures, management plan and Resettlement Action Plan. The first phase of consultative meetings was done within 2014 involving the head of affected households and their tenants. The second consultative meetings intended for vendors were conducted between 10 th January to 20 th and 13 th August 2016; the consultation involved 313 people including 58 leaders at different levels and about 255 vendors who were doing different businesses along the proposed project. Socio-Economic Profile of the Affected Population The socio-economic profile of the likely Project Affected Households has been prepared based on the data generated by the primary survey conducted in August The information was collected by administering the census and socio-economic survey questionnaire to the head of the household or any other adult member of the household. The outcome of this survey provided an insight in to the socio-economic condition of these PAHs, their priorities, expectations and apprehensions. The objectives of the census survey were to prepare the list of the project affected households and also assess the extent of impacts. The survey was conducted by engaging a team of surveyors recruited locally. The second phase of socio-economic survey was undertaken from 10 th January to 13 th August 2016 at different interval with a focus to street vendors and other PAPs that were not covered in the original survey. xvi

17 Policy and Legal Framework Currently there is no specific policy on Resettlement Policy in Tanzania. However, the resettlement in the country is guided by the National Policies and Laws related to land issues. Also the Ministry of Works, Transport and Communication prepared the Road Sector Compensation and Resettlement Guidelines, which are adhered to, during the implementation of road projects. Prior to the enactment of a framework legislation to govern land issues in Tanzania, there existed various statutes that dealt with land matters. With such multiplicity of statutes, the responsibility for enforcing them were spread over a number of sectoral institutions ranging from national to local authority level. In 1995, the government of Tanzania developed a national land policy to streamline the system of land administration. For those projects funded by development partners, such as the World Bank, resettlements are implemented in accordance with the OP 4.12 of the Bank. Eligibility and Entitlement Tanzanian legislation provides valuation of properties at market values for land, houses and structures affected by a project. However, since the BRT project is to be funded by the World Bank, the Bank's policies and guidelines on compensation and resettlement issues are to be followed. The Bank s policy aims to avoid involuntary resettlement to the extent feasible, or to minimize and mitigate its adverse social and economic impacts. It promotes participation of displaced people in resettlement planning and implementation, and its key economic objective is to assist displaced persons in their efforts to improve or at least restore their incomes and standards of living after displacement. The policy prescribes compensation and other resettlement measures to achieve its objectives and requires that borrowers prepare adequate resettlement planning instruments prior to Bank appraisal of proposed projects. Based on Tanzania s laws, eligibility for compensation is defined in the provisions of the Land Act and the Land Acquisition Act cited in Chapter 5 of this RAP report. According to these laws, all owners of properties located within the proposed project area at the time of inspection and valuation will be eligible for compensation. Notices to claim compensation were served to most owners of affected properties using Land Form No.14. According to the World Bank, eligibility covers not just legal owners of properties but also those that do not have legal ownership by will affected by xvii

18 the project in one way or the other. In this case tenants and vendors are eligible for some kind of assistance according to the Bank policies. Entitlement Matrix The principle adopted from the Tanzania Laws establishes the eligibility and provisions for all types of losses (land, structures, businesses, loss of accommodation, disturbance, crops, transport costs resulting from displacement and trees). All affected persons will be compensated at full replacement costs and other allowances. Following the apparent gap in Tanzania laws on involuntary policy and that of the World Bank, this RAP will be aligned with the World Bank Operation Policy which indicates best practices for rehabilitation of livelihoods of people affected by the implementation of the project. The Bank s policy will be applicable because: i. They are involved in the funding of the project and, ii. Its policy best fulfil the pro-poor objectives of the projects, ensuring that the conditions of PAPs are preferably improved or at least restored to pre-displacement levels as well as offers special considerations for vulnerable and landless PAPs. Methods of Valuing Affected Assets and Compensation Payments 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 Operational Policy 4.12 on involuntary resettlement which requires that compensation is paid based on the full replacement value (not depreciated) of an asset. In order to meet the requirements for a RAP consistent with the Bank, the valuations have been undertaken in compliance with Bank s policy guidance. xviii

19 Institutional Arrangement for RAP Implementation A number of organizations and institutions will be involved with RAP implementation processes at different levels and times. As soon as the RAP is cleared and finalized, TANROADS will formally disclose it to the affected people. For this purpose, TANROADS will organize a number of sessions to PAPs. The sessions will be chaired by the RAP specialist of TANROADS and attended by representatives of the higher territorial hierarchies (Districts and Ward/Mtaa). Adequate display materials will be utilized. TANROADS will prepare the list of the occupants dispossessed by the project, specifying their rights of occupancy and the assessed value. TANROADS in collaboration with the Local Government (i.e. Municipal Councils) will dispatch the dislocation notices to the concerned PAPs. The Ministry of Finance through TANROADS will disburse compensation funds to TANROADS Regional office to pay the communities eligible for compensation. To ensure timely completion of resettlement activities, TANROADS and relevant Municipal authorities will facilitate the resettlement process by urging all PAPs to vacate within the time frame that will be agreed between the two parties. This RAP recommends the time not to exceed 30 days after receiving compensation. TANROADS will then hand over the site to the contractor for other activities. TANROAD in collaboration with Municipal Councils shall identify relevant NGOs in the area that shall assist in raising public awareness on resettlement and facilitate local community participation in RAP implementation. RAP Implementation Schedules. The schedule below outlines the various activities for implementing the RAP process. The implementation schedule covers all resettlement activities from time of preparation to implementation. It also indicates responsible agency per each activity to be accomplished under RAP implementation. xix

20 Implementation schedule Activity Timeframe (Year/Month Implementing agency O N D J F M A M J J A S O N D Updating and approval of RAP and valuation reports Approval of compensation schedule by the Ilala District and Dar es salaam Regional Commissioners Consultation meeting with the PAPs to inform them on scheduled activities and their roles to accomplish the RAP and Compensation Disclosure of entitlement Compensation and other resettlement measures to eligible PAPs Assistance to vulnerable PAPs TANROADS and Ministry of Land, Housing and Human Settlement Development Ilala District Commissioner and Dar es Salaam Regional Commissioner TANROADS, Resettlement Committee and NGO TANROADS and WB TANROADS, Resettlement Committee and NGO TANROADS Undertake baseline checks, claims, conflicts, disputes and all sorts of grievance resolution TANROADS Grievance Committee and Redress xx

21 Notification to vacate the Right of-way (RoW) Commencement of construction works and monitoring of RAP issues on operational basis Review of RAP activities and updating valuation of unforeseen properties. TANROADS TANROADS Independent Monitoring Consultant TANROADS xxi

22 Resettlement Implementation and Commencement of Construction Before any construction activity is implemented, PAPs will need to be compensated in accordance with this RAP. The project activities involve land acquisition, and for that reason, it is further required that these measures include provision of compensation and of other assistance required for relocation, prior to displacement and or relocation. The schedule for the RAP implementation and construction works is shown in the table below. Master plan for implementation of BRT projects phase 3 S/n Activity Duration TIME (days) Start Finish 1 ESIA,RAP the valuation report approval and disclosure Oct Nov Detailed Public Consultation with PAPs & Key stakeholders Nov Sep Approval for budget for relocating utilities 07 9-Dec Dec Revision of the Grievances Redress Jan Apr-2017 Committee 5 Earmarking and notification for utilities to 58 3-Apr May-2017 be relocated 6 Site Verification 27 1-Feb Feb Supplementary Valuation & payment of Mar Aug-2017 compensation 8 Receiving and working on complaints 95 6-Mar Jun Land Acquisition notice of the COI Sep Oct-2017 clearance 10 Procurement of Consultant Jun Jan Consultancy Services for Pre-Contract 90 9-Feb May-2017 Services & Design Review 12 Procurement of the Works Contractor May Jan Mobilization for execution of the Works Feb May Construction of Works Feb Feb Monitoring and Evaluation of the ESMP Feb Feb Defects Notification Period Feb Feb-2024 Source, TANROADS Office Headquarter, 2016 xxii

23 Grievances Redress Mechanisms Grievance redress mechanisms are necessary avenues for allowing affected persons to voice concerns about the resettlement and compensation process as they arise and, if necessary, for corrective action to be taken promptly. Such mechanisms are important to achieving transparency in the acquisition and resettlement processes. Arising from the above observations, the Consultant proposes that all the grievances be addressed before commencing construction and that where all or significant part of the land is acquired requiring that displaced persons be resettled elsewhere, resettlement land should be sought within the local area and the affected communities be given an assurance of deserved consideration. It is proposed that an institutional arrangement anchored in local structures and with representation of the affected persons is put in place that would allow free access to the decision makers without adding more cost to affected persons. Monitoring and Evaluation The proponent (TANROADS) will conduct regular monitoring of the resettlement performance through the Resettlement committee, which will be responsible for implementing resettlement and compensation activities and monitor its efficiency. The objective of the monitoring will be: i. To verify that the valuation of assets lost or damaged, and the provision of compensation, resettlement and other rehabilitation entitlements, has been carried out in accordance with the Tanzania and World Bank requirements for involuntary resettlement. ii. To oversee that the RAP is implemented as designed and approved; iii. To verify that Project authorities provide funds for implementation of the RAP in a timely manner and in amounts sufficient for their purposes and that such funds are used in accordance with the provisions of the RAP. Costs and Budget for RAP Implementation Taking into account all factors, the compensation for land, structures, loss of business, crops/trees and public utilities to be affected during the implementation of the Proposed xxiii

24 Tanzania Central Transport Corridor Project (CTCP) Phase 3 is Tshs. 18,131,451, (Tanzanian Shillings Eighteen Billion One Hundred Thirty One Million Four Hundred Fifty One Thousand Eight Hundred and Thirty One), broken down as given in Table 18. Refer to Annex 1 for the list of PAPs and the Valuation Tables. The Government through TANROADS will finance public infrastructure and utilities through Ilala Municipal Council and responsible institutions for the replacement of affected utilities. Summary of Valuation Report: Components and Compensation Costs Gongo la Mboto Bus Terminal & Depot Components Quantity unit Compensation Costs Building Value 242 Structures 8,261,517, Land value 49,519.68m² 2,370,072, Crop value 601 (crops and trees 14,607, Accommodation allowances 1,598,940, Transport Allowances 34,650, Disturbance allowances 812,747, Loss of rental income 298,260, Disturbance and transport allowance for 37 19,500, business tenants Disturbance and transport allowance for ,400, residential tenants Grave removal allowances 10 8,800, Local government office 01 42,000, The costs is moved to contractor Assistance to vulnerable people 89 17,800, Sub Total A 13,532,294, Along Nyerere Road, Uhuru Road and Kawawa Road Building Value including fence/wall 10 structures 276,467, Land value - 3,693.8m² 261,130, Transport Allowances 450, Disturbance allowances 19,506, Loss of rental income 7,373, Shifting of vendors movable assets 10,000, Sub Total B 574,926, Warehouse and Factories- (Sungura Textile Plot) Land value - 51,877m² 2,593,850, Disturbance allowances 207,508, Loss of rental income 51, Sub Total C 2,801,409, Compensation costs for a Holdout at Gongo la Mboto Bus Terminal and Depot Structure /unexhausted improvements value 05 structures 147,110, xxiv

25 Land value 1,173m² 127,610, Crop value 01 crop 240, Disturbance allowance 21,977,656 Loss of profit 00 Accommodation allowance 24,080, Transport allowance 400, Disturbance and transport allowance for , residential tenant Sub Total D 321,618, Facilitation for RAP Processing and Implementation RAP report approval fee 50, Valuation/approval fees paid to the ministry 0.01% of the total 1,000, of land compensation budget Facilitation Fee (Regional Commissioner s 1,400, office Facilitation Fee (District commissioner s 750, office Facilitation for RAP implementers 15,000, including grievance redress committee Internal Monitoring and Evaluation 20,000, Sub Total E 37,200, TOTAL A, B, C, D, and E 17,268,049, Contingency (5%) Livelihood restoration 863,402, and other unforeseen impacts GRAND TOTAL 18,131,851, Note: current exchange rates: 1USD= 2170 Tanzanian shillings) Note: Facilitation fees covered in this RAP budget are not mentioned in any institutional regulations but rather formalities within government institutions to cover various costs (allowances, office use and taxes). xxv

26 Statements of financial responsibility and authority The Government of Tanzania under the Ministry of Finance and Planning through TANROADS will be responsible for all financial matters concerning the project implementation including RAP implementation. Sources of funds and the flow of funds The main source of fund for executing this RAP will be the Government of Tanzania through the Ministry of Finance and Planning and TANROADS. The fund will be sourced from the TANROADS which will be responsible for effecting payment to eligible PAPs through a reliable commercial Bank or cash money depending on government directives during the implementation of this RAP. Conclusions and Recommendations Conclusion i. The proposed project will create displacement of persons, loss of livelihood, mainly at Guruka Kwalala at Gongo la Mboto ward where the bus terminal and depot will be located. There will also be some interference with public infrastructures; however, there are many short and long-term benefits that will arise from the proposed project. ii. Where displacement or impact is unavoidable, appropriate mitigation measures have been put in place to reduce to a minimum or eliminate any undesirable effects of the project. iii. Project affected persons in Guruka Kwalala expressed concern over the significant number of houses and commercial that will be affected. iv. Project affected persons expressed concern on the transparency of the valuation and compensation to project displaced persons. v. Community awareness of the proposed project is rated very high with many expectant of the gains that will accompany its implementation while others were pessimistic due to endless promises that they claim have been made at various forums in the past on the construction of the road for the rapid bus transport. xxvi

27 vi. vii. viii. ix. All PAPs are willing to be moved however, prompt and fare, full compensation must be guaranteed. Vendors were very much concerned with their livelihood once they will be removed from the areas they are used to do their business. Although, they are aware that they are doing businesses in areas, which are not allowed by the government, still their livelihood depended on such activities and they do not have alternative site, which can assure them of customers. The socio-economic survey for some of the affected person at Kipunguni mtaa (Banana) area in Kipawa ward planned for construction of a feeder station and the valuation of all structures were not undertaken due to resistance showed by one of the would be affected persons. This area is made up of a piece of land that is used by several traders that have rented the premises from one landowner. There are more than 50 traders with shops, bars, Internet cafes, and food vendors. The traders, most of them not working there have instead, hired workers. Outside these shops etc, you also have vendors selling their wares. The so-called landowner refused to let his land taken and instructed the tenants not to cooperate with survey team. The efforts to request him to cooperate, including showing the valuer the title deeds for land to justify his ownership was not successful. The applied mitigation measures have excluded the about 9 PAPs 09 at Ukonga, Gongo la Mboto and Uwanja wa Ndege along Nyerere road. Way forward i. In order to ensure compliance with Tanzania government and World Bank O.P 4.12 requirements for involuntary resettlements, all affected people, should be fully compensated. Since, the valuation process was undertaken in 2014, the compensation should take into account the payment of interest rate to the PAPs ii. All the project affected persons who will be displaced or relocated, should be informed in good time (given approximately 90 days) to prepare them for relocation and modalities of conducting resettlement counselling put in place. iii. Although street vendors are doing their business illegally along Nyerere and Uhuru roads, they need to be considered for some assistance as required by the World Bank. One of the recommendations is to provide vendors a place for undertaking their businesses, (refer xxvii

28 vendor s suggestions). TANROADS will work together with the Ilala Municipal Council to identify areas to establish new places for vendors, so that their livelihood is not negatively affected. iv. Since the disputed land at Kipunguni is a critical area for the BRT as it is planned for feeder station to save many people in the area, it is suggested that TANROAD in collaboration with Ilala Municipal Council to address the dispute in more peaceful and legally accepted ways to allow the development of the project which is highly needed by the communities in the area. While this process continues, the proposed feeder station will be removed in current design and the area will continue to be used as Daladala station. Once this problem is resolved, arrangement will be made by TANROADS to acquire the land as required by law. v. The project proponent should involve other utilities companies such as TANESCO and DAWASCO who share way-leave prior to removing/relocating the utilities; this could minimize compensation costs. vi. Since the mitigation measures of road realignment and confinement of project activities in the existing road reserve have excluded the PAPs along Nyerere road, it is recommended that the names of those who were to be affected should be removed from the compensation schedule. vii. In order to ensure that the valuation of assets which undertaken in 2014 is not affected by inflation, change in land value and construction materials, the compensation schedule will be updated by calculating the compound interest rate offered by commercial banks on fixed deposits (refer to Land Acquisition Act, 1967 and the regulations, 2001 of the Land Act of 1999 in section 7.4). The compensation for tree which were not mature in two years ago will be updated by changing the percentage of growth as shown in compensation schedule. It was not possible to include the cost of interest rate in this RAP report because it is not clear when the government is expected to implement the project and start the compensation processes. xxviii

29 1.0 Introduction 1.1 Project Background The Government of Tanzania intends to establish, operate and manage the Bus Rapid Transit (BRT) system, which is the cost effective sustainable transportation system in the world, for Dar es Salaam City to ensure fast and orderly flow of traffic on urban streets and roads. The Dar es Salaam city is the largest in Tanzania and the principal centre of commerce and Industry. It is also an important terminal for air, sea, and road transport. For the city council and municipalities to play their roles effectively, i.e. responsibility for transport, environmental planning and development and road maintenance, they therefore require road networks with enough carriageways to handle large traffic flow, which is a growing problem in the city roads (traffic congestion). The BRT project follows the current land use plan that shows an extension of planned residential areas in the north-west along Ali Hassan Mwinyi road, in the south along Kilwa road and in the Tabata area. The plan also shows an extension of unplanned residential areas in the west along Morogoro road, in the South-west corridor along Nyerere road. There is also an extension of industrial areas north along Ali Hassan Mwinyi road, along Nyerere road and part of Mikocheni Area. Dar Rapid Transit Agency (DART) was therefore established by the Government and it operates under the Prime Minister s Office, Regional Administration and Local Government through the Ministerial Advisory Board to establish and operate Bus Rapid Transit (BRT) system in Dar es Salaam City to add to the City efforts to enhance mobility, safety, comfort and clean environment. DART Agency came fully into force on 16th June 2008, established by GN. No. 120 of 25th May 2007, under the Executive Agency Act, No 30 of Therefore the main objective of the project is to ensure orderly flow of traffic on urban streets and roads by increasing the level of mobility, promoting the use of non-motorized transport, and to meet the ever increasing travel demand of the city residents with ultimate aim of increasing comfort and quality of life and urban development. 1

30 Apart from improving public urban transport in Dar es Salaam city, DART system intends to generate more jobs to residents by inviting people to invest in the DART system bus operators, fund management and fare collection companies. In order to distinguish itself from the current public urban transport system, popularly known as daladala, the DART system will be using quality high capacity buses which meet international service standards, environmentally friendly, operating on exclusive lanes, at less travelling time while ensuring user satisfaction. The project will link other ongoing initiatives geared towards the improvement of the Dar es Salaam infrastructure and transport network. These include but not limited to Kigamboni Toll Bridge (560m long) which link the main part of the Dar es Salaam City with the Kigamboni ward, and the Kisarawe Freight Station which is proposed to link the Railway and Roads infrastructures and the Port. 1.2 Project Objectives The main objective of the BRT project is to improve the transport infrastructure in Dar es Salaam city whereby the proposed roads such as Kilwa and Nyerere roads are vital as they form part of regional and trunk roads connecting other regions. The expected output is the orderly flow of traffic on urban streets and roads with increased level of mobility, promoted use of non-motorised transport such as bicycles and increased comfort and quality of life and urban development. In details, following the nature of urban population and economic framework of the Dar es Salaam City and the need of efficient and integrated transport system for the city, the Dar Rapid Transit Agency (DART) is implementing the Bus Rapid Transit (BRT) as the bus-based mass transit system that delivers fast, comfortable, and cost effective urban mobility. In Dar es Salaam, lack of sufficient infrastructure has resulted in unreliable service with astonishingly low levels of quality of transport in the city. Meanwhile, the minimal investment engaged by operators, explain the proliferation of small vehicles (daladala) which cannot cater for the problem. A greater number of small buses are necessary to transport the same amount of passengers. Allied to small fares, the obvious consequences are overcrowded vehicles and congested road ways. To make the 2

31 business profitable, vehicles need to run full almost all the time. This means there are no schedules at all, long waiting times in the middle of the route, absence of services during some hours in some regions, especially at late hours in the evening. Another aspect of the problem is the bottlenecks generated in some stops due to the concentration of vehicles. In places like Kariakoo, Buguruni and TAZARA, it is common to see huge congestions, before the daladala stops and an empty street after this point. The serious public transport problem facing Dar es Salaam has two main causes; The small obsolete passenger vehicles operating without control, and the lack of safe road infrastructures that endanger both motorized and non-motorized transport users including pedestrians. The rationale behind the proposed Bus Rapid Transit System is to regulate urban transport through a specialized infrastructure known as Bus Rapid Transit (BRT) that has been tested in other cities over the last 25 years. Therefore the project aims at ensuring orderly flow of traffic on urban streets and roads by increasing the level of mobility, promoting the use of non-motorised transport, and to meet the ever increasing travel demand of the city residents with ultimate aim of increasing comfort and quality of life and urban development, thus reducing traffic congestion in the city. Therefore, the specific objectives of Dar es Salaam BRT system are: i. To increase the level of mobility of the majority of residents enhancing their participation in wide range of economic and social activities ii. To facilitate the use of Non-Motorised Transport (NMT) by improving service roads and implementing parallel bicycle routes allowing for integration of bicycles and the bus system and for reduction of congestion in the carriage way 4 iii. To meet the continuous increase of travel demand of the City. iv. To have a comfortable public transport system at reasonable cost to the users and yet profitable to the operators, using quality high capacity buses which meet international service standards, environmentally friendly operating on exclusive lanes at less travelling time. 3

32 1.3 Objectives of RAP The implementation of the project shall result to displacement of people, loss of residential houses and commercial, loss of tress and communal facilities e.g. boreholes, cemeteries and power transmission lines thus requiring a resettlement action plan (RAP). The purpose of the RAP study is to evaluate the project area and identify persons and property that will be affected by the proposed project so as to carry out appropriate and commensurate compensation and resettlement. This shall ensure that the displaced persons are not left worse off prior to project implementation. The RAP outlines the guiding principles to be followed when there is involuntary land acquisition in order to reduce to a minimum any adverse impacts to PAPs and enhance positive impacts. RAP applies to all displaced persons regardless of the total number of persons affected, the severity of the impact and whether or not they have legal title to the land. The RAP also sets out the framework for institutional arrangements, schedules, and other indicative budgets to facilitate any resettlement processes that will be necessitated as a result of this project. The specific objectives of this RAP review are: i. To review the RAP of the project in line with the World Bank s safeguards policies; ii. To verify and review the census survey undertaken to ensure that all the potential PAPs are identified; iii. To establish the impacts of the proposed project on the Project Affected Persons. iv. To recommend measures to minimize resettlement v. To undertake a socio economic survey to generate baseline data to be used in M&E during project implementation vi. To verify the asset inventory survey and ensure that all potential assets that will be affected by the proposed project are enumerated; vii. To update compensation matrix using the prevailing market rates viii. To verify compliance with the Bank s Involuntary Resettlement policy and any other national relocation and resettlement regulations that govern the infrastructural development sector 4

33 ix. To clearly provide stakeholder engagement plan for the project. x. To recommended livelihood restoration plan for the project xi. To prepare and submit a Resettlement Action Plan report that is compliant with World Bank Safeguard regulations and Government of Tanzania existing laws. 5

34 1.4 Proposed BRT Project Description Overview of the Project Influence Area Dar es Salaam is the largest City in Tanzania. It is also the country's richest city and a regionally important economic centre. Dar es Salaam is actually an administrative region within Tanzania, and consists of three local government areas or administrative districts: Kinondoni to the North, Ilala in the centre of the region, and Temeke to the South. Dar-es-Salaam is estimated to have a population of 4,364, 541 as per 2012 National Population Census. Located on a harbour on the Indian Ocean, it is the main port for Tanzania, handling exports of minerals and crops. In addition it is the hub of Tanzanian s national transport system as major highways and all railways originate in or near the city. Public transport in Dar es Salaam City is generally poor and unsafe, lacking professionalism, efficiency, quality and safety for the passengers. The main factors leading to the above situation include; rapid expansion of the City which has far outpaced the capacity to provide basic infrastructure (such as good roads) and services, poor state of majority of the buses, untrained bus drivers and conductors driven by the pursuit of daily revenue targets payable to the bus owners, non-adherence to traffic rules and regulations and lack of an organized public transport system. Public transport service is dominated small buses called Daladala, of which there are about 9,000 of these Daladala, with capacities ranging from 16 to 35 passengers (SUMATRA, 2009, Ilala Municipal Council, 2009). The service offered is poor due to overloading and overcrowded buses particularly during peak hours, reckless driving, route shortening, harassment of women and schoolchildren and polluting vehicles particularly during peak hours dominated by traffic jams on most major roads in the City Project Location and Its Administrative Boundaries The proposed phase III of the BRT project is located within the City of Dar es Salaam specifically in Ilala Municipal. Administratively, the Ilala Municipal Council has three divisions namely Ilala, Ukonga and Segerea. These divisions are then divided in 22 wards, which in turn are subdivided into sub wards commonly known as Mtaa (singular) or Mitaa (plural). There are 6

35 65 Mitaa. The Municipality also has 3electoral constituencies namely: Ukonga, Segerea and Ilala. The Municipality executes its administrative duties through i. The Municipal Council, ii. Ward Development Committees under the Chairmanship of the Councillor and iii. Sub-Ward (Mitaa) Development Committees The proposed BRT roads project is envisaged to be constructed in Dar es Salaam City intercepting mainly the Ilala municipal. The phase 3 BRT corridor is designed to be along Nyerere Road from Gongo la Mboto to Kariakoo (Gerezani) area with a total of 23.6 Km where it connects with other routes. The Phase will also connect from TAZARA to Buguruni along Mandela Road and then connect to Uhuru road to Karume and and Nyerere Road. The project forms part of the on-going initiatives for providing affordable, efficient and accessible public transport in the city of Dar es Salaam. The project covers a total of 23.6km from the city centre to Gongo la Mboto that will traverse seven administrative wards and 15 Mtaas as shown in Table 1. Table 1: List of wards and Mtaa affected by the project Ward Mtaa Gongo la Mboto GurukaKwalala Gongo la Mboto Ukonga Ukonga Kipawa Kipunguni Vingunguti Vingunguti Mnyamani Mnyamani Faru Buguruni Madenge Kisiwani Malapa Mivinjeni Ilala Sharif Shamba Mafuriko Kasulu Karume Source: Field Survey,

36 1.4.3 Population of the Project Area According to the Population and Housing Census of 2012, the municipal has a total population of 1,220,611 of whom, 595, 928 are males and 624,683 were females. The Municipal has an average household of 4.0 and a sex ratio of 95 with an inter-censual growth rate of 4.1. The stated growth rate is higher than the National inter-censual population growth rate, which were 2.9. The population for the wards where the road traverses is shown in Table 2. Table 2: Population distribution in affected wards Ward Population (Number) Average Household Sex Ratio Total Male Female Size Gongo la Mboto 57,312 27,927 29, Ukonga 80,034 39,413 40, Kipawa 74,180 35,866 38, Vingunguti 106,946 53,248 53, Buguruni 70,585 34,547 36, Mnyamani** Ilala 31,083 15,242 15, Source: TPHC, 2012 ** New administrative ward Project Roads Description BRT is a bus-based mass transit system that essentially follows the performance and characteristics of a modem rail-based transit system but at a fraction of the cost. It consists of a corridor of exclusive and segregated lanes, high capacity articulated buses and high performance boarding with central platform for level boarding and large closed stations that allow fare payment outside the trunk vehicles. The proposed system can reach average speeds of 25 km/h. The Third Phase of BRT system plan, whose detailed engineering designs has been finalized covers infrastructural design and the associated trunk and feeder network plans. 8

37 BRT system will comprise of a two lane, one lane per direction, two way roads dedicated for buses only that allows busses to bypass peak hour congestion as well as achieve high speeds to reach destinations faster. The proposed roads will comprise Bus lanes, mixed traffic lanes and Non-Motorized Traffic (NMT) facilities. The Corridors and Non-Motorized Traffic facilities will include trunk and feeders; feeders include bicycle and pedestrian paths, pedestrian overpasses and flyovers (if required) etc. Stations and terminals will include elements like access area, fare collection area, platforms and circulation. Bus Deports will include elements like access area, manoeuvre, fuelling, washing, and maintenance, parking and necessary such as for maintenance. Figure 1 and 2, shows the proposed DART BRT network plan. 9

38 Figure 1: Proposed DART BRT Network Plan 10

39 Figure 2: Proposed DART BRT Road system 11

40 2.0 Approaches and Methodology 2.1 Introduction In order to adequately collect socio-economic baseline information pertaining to the project area, both qualitative and quantitative methods were used to collect data and information on the social and economic status of the community and the area along the road corridor. The PAPs were identified and consulted with the objective of establishing land ownership, the existing socioeconomic conditions within the project area of influence and the immediate surroundings. Approach and methodology for survey mainly consist of quantitative and qualitative tools and techniques that were conducted in two phases as discussed below. 2.2 Phase One: Pre Survey Activities Collection and review of project literature This phase intended to familiarize with the concerned and important stakeholders to identify and collect the available literature and to scope the activities. This involved two pronged approach (a) discussions with Project Implementing authorities and other concerned, b) collection of available relevant project literature. In order to understand the RAP process and to identify any gaps in terms of coverage and compliance, the following documents were read and analysed:- i. The Resettlement Action Plan of March 2015 that Kyong Dong Engineering Co., Ltd. in association with Ambicon Engineering (T) Limited prepared. ii. The Tanzania land acquisition laws (e.g., the Land Act No. 4 of 1999, iii. The Land Regulations of 2001 and the Land Acquisition Act of 1967), iv. The World Bank Operational Policy 4.12 for Involuntary Resettlement. These documents set the framework for preparation and implementation of this RAP Rapid reconnaissance survey to familiarize field activities Following the review of literature and consultations, rapid preliminary field visits were conducted as part of ground truthing exercise. This provided the basis for field research 10

41 preparation and helped in testing the questionnaires and checklists. The RAP team surveyor carried out the reconnaissance survey as follows; i. Location of the positions of all the Road Chainage Points provided by the DART Road Design Engineers. ii. In order to minimize resettlement impacts, the project required different size of land from the existing roads size on either side of the road from the centre line of the road corridor was identified on the ground to be able to determine PAP household identity, affected land, trees and structures that fall within the road way leave. The size of existing road is 45m. However, the required land size of the project from TAZARA to Gongo la Mboto is 32m (16m in either side of the road), from Karume Shaurimoyo to Gerezani Bus terminal 17m is required (8.5m in either side), while the rest of the road requires a distance 21m. In addition, the project requires a distance of for stations construction. iii. Land and every salient existing features (housing structures, trees, boundary fences, roads and power lines etc.) along the 45m road corridor were picked and documented. iv. The road design coordinates were used to align the road between from Gongo la Mboto to Kariakoo and compute the precise area to be acquired for every person affected by the project (PAP). 2.3 Phase 2: Survey Activities Census and socio-economic household survey affected persons and Street Vendors Assessment Socio-economic survey along the entire road corridor, census of affected persons and valuation of their affected property was carried out in two phases. The first phase which was undertaken in at Gongo la Mboto ward in Guruka Kwalala up November, The census involved the head of affected households and their tenants. The second phase involved two PAPs who were not surveyed in 2014 and vendors at Gongo la Mboto, Ukonga, and Kipawa (along Nyerere road), Mnyamani, Buguruni and Sharifu Shamba (along Mandela and Uhuru roads) was conducted 11

42 from15 th January to 20 th February and 13 th, August, During the fieldwork exercise the consultant team administered questionnaires to the PAPs and vendors). In conducting a detailed household s survey, questionnaires were administered to obtain views about the proposed projects and their perceived impacts from project affected households. All the households whose commercial and residential structures are within the project area were interviewed and detailed information regarding their property (land, houses and any other economic activity) were collected to assist in the evaluation process for compensation. For households where owners were not found during the interview contacts were obtained. The following were collected during the survey: i. Household demographic data including information regarding household population, sources of income; income levels, level of education; ii. Socio-economic characteristic tics of vendors iii. Means of livelihood and economic activities; iv. Location of the project affected land, ownership and its size for value determination; v. Size and type of commercial structures including commercial, residential houses and public utilities for value determination; vi. Type and size of trees and other vegetation for value determination; vii. Commercial and social activities taking place within the road corridor to determine loss. viii. Grievances of affected persons and its redressed ix. Perception of the proposed road-upgrading project Consultation Meetings About 13 consultation meetings with affected people at Gongo la Mboto, Ukonga, Kipunguni, Kwamnyamani, Buguruni and Sharifu Shamba were organized and conducted at various towns/centres along the route of the proposed road. Consultations were carried out with the community, key stakeholders, local leaders and PAPs through direct verbal interaction with them, oral interviews and the administration of relevant questionnaires. The purpose of the meetings was to elaborate on the various aspects of the proposed project and discuss project mitigation measures and alternatives. Projects aspects discussed during the meeting included 12

43 land acquisition, compensation for land, structures, loss of business and trees and resettlement so as to make sure that all stakeholders and PAPs are able to make informed decisions and choices. The views and suggestions by the community, stakeholders and PAPs were recorded inform of minutes and used to enhance mitigation measures and alternatives aimed at minimizing project impacts and enhancing benefits. The program and some of the consultative meetings are shown in Table 3 and Photo 1. Table 3: Public consultation and participation schedule Date Venue Stakeholders Number of stakeholders TANROADS Office (Head quarter) Visit along the BRT corridor for phase III from Kisutu Market to Gongo la Mboto back TAZARA Buguruni along Mandela Road, then Buguruni to Karume along Uhuru Road DART Office Ubungo Plaza Ilala Municipal Council Distribution of letters for appointment to all affected wards Gongo la Mboto ward office Sociologists responsible for PAPs Site visit and brief discussion with Guruka Kwalala Mtaa leaders consulted Leaders Estimated Vendors at the meetings DART Engineers and RAP 03 Specialist Municipal Council Director 10 - and Land valuer Gongo la Mboto, Kipawa, Vingunguti, Buguruni, Mnyamani, Sharif Shamba, Mchafukoge, and Gerezani wards. Ward and Mtaa leaders 04-13

44 28-29/01/2016 Vendor s business Vendors - 45 area along Nyerere road Ukonga Ward Office Ward and Mtaa leaders 6 Vendor s business - 50 area along Nyerere Vendors road Ward and Mtaa leaders (Faru Mnyamani Ward office and Mnyamani) Vendor s business Vendors - 35 area along Mandela road Buguruni Ward office Ward and Mtaa leaders 05 - Vendor s business area along Mandela and Uhuru road Kisiwani and Malapa Mtaa in Buguruni ward Vendor s business area along Uhuru road Madenge and Mivinjeni Mtaa in Buguruni ward Vendor s business area along Uhuru road Sharif Shamba Ward office Mafuriko, Kasulu and Karume in Sharif Shamba mtaa office Shauri Moyo and Lindi Mtaa in Gerezani ward office Ilala District Commissioner s Office Vendors and Mtaa leaders - 35 Mtaa leaders 04 - Vendors - 48 Mtaa leaders and vendors 03 - Vendors - 30 Ward and Mtaa leaders of 05 - Sharif Shamba and Amana Mtaa leaders 02 - Mtaa leaders 02 District Commissioner 01-14

45 Kipawa ward office Banana in Kipunguni Mtaa Banana business area at Kipunguni mtaa Ukonga Mwembe Madafu mtaa office Ukonga Mwembe Madafu Ilala Municipal Council Health Department Office Ward and mtaa leaders 06 Vendors and business people with permanent and temporal structures Mtaa leaders and relatives of the deceased Mwembe Madafu 02 - Development Organization leaders Health Officers 02 - Total Photo 1: One of the consultative meetings at Kipunguni in Kipawa ward 15

46 2.4 Disclosure of the Resettlement Action Plan The final RAP will be approved by project implementers as well as the World Bank safeguard officials. The approved RAP report will be available to the public at the following places: Ministry of Works, Transport and Communication TANROADS Offices Office of Ilala Municipal Council Offices of the Ward Executive Officers (WEO) of respective wards within the project area World Bank Office/Website 16

47 3.0 Project activities and Identification of Project Impacts of Affected People 3.1 Activities that will adversely affect populations or Activities that will lead to resettlement The planned development of construction of phase III of the DART project and associated road furniture will have resettlement impacts arising from the following project activities: Construction of Terminal Buildings One terminal building will be constructed for DART phase III at Guruka Kwalala area in Gongo la Mboto ward. The proposed terminal building will result into a significant loss of structures that include residential, commercial and public infrastructures. A total of 774 assets will be affected Construction of a Deport The proposed deport will be constructed at Guruka Kwalala area in Gongo la Mboto ward in the same location with the proposed site for construction of the terminal Construction of the main Dart Road Though the proposed upgrade consisting of 23.6kms will to a large extent follow the existing alignment but there will be an increase in the road carriage area width to accommodate the DART lanes as well as the road way leave. The current width of the road is 45m and project would require 21m in most of the alignment 17m in Shaurimoyo area and 32M from TAZARA junction to Gongo la Mboto and between m at stations; this is done as a mechanism to minimize impact on assets that would require compensation. 17

48 3.1.4 Construction of Fly over To minimize traffic impact on major junctions the project also anticipates construction of two fly over s as a mitigation measure; one of the flyover will be constructed at the junctions of Nyerere and Kawawa road while the other one will be constructed near Kisutu market. The construction of these flyovers will be undertaken within TANROADS road reserve, so no major impact is anticipated, except for vendors who are doing small business along the road Construction of Bus stations The proposed project intends to construct twenty-three bus stations along the Nyerere Road from new post office bus station in the city centre to Gongo la Mboto. Bus terminal as well as seven bus stations will be constructed along the Uhuru road from the current Karume daladala stop. Considering the design of the bus stations; that is constructed in the centre of the DART roads this activity will have minimal impact on land take that will mainly be the existing road way leave and therefore no impact to PAPs Turning Radius In some parts of the road project, the engineering design would require the road to be curved to accommodate the turning radius of project buses; this is mostly on current sharp corners of the existing roads or on roundabouts of existing roads. The turning radiuses will be designed only at Buguruni junction and will have minimal impact to an open space Construction of Feeder Stations The proposed project will also construct feeder roads to enable link the proposed project with other feeder roads; The proposed BRT phase Three will construct two feeder stations along the Nyerere Road that include feeder stations at Jet Club and Banana feeder stations. Along Uhuru road, one feeder station will be constructed at Rozana. The feeder stations will have minimal impact and only the way leaves for the existing roads will be utilized. 18

49 3.1.8 Construction of walk ways These are meant for pedestrians and will mainly utilize the existing right of way (ROW) as well as up grading existing walk ways to minimize impact in some sections of the BRT phase three the walk ways size will vary according to space limitation. 3.2 Project Impacts The main negative impacts of the project will arise from the need to acquire land for the bus terminal and deport at Guruka Kwalala in Gongo la Mboto and for other associated infrastructure like flyovers, feeder stations, turning radius and construction of walkways. The impacts of land acquisition will vary from one affected person or entity to another but may include (in part or full land acquisition for leasehold plots. This is because the land parcels are small and remaining portions of land after acquisition may not be viable for occupation or for utilization in any meaningful economic activity, refer to Table 3 for project impacts. Some of the anticipated and expected project impacts include the following: Loss of residential Structures There will be a significant impact of loss of structures that will be caused by the proposed project mainly the construction of a terminal building which is likely to have a major impact to the livelihood of the PAPs if not well compensated. Types of houses to be affected are largely the common semi urban houses cement blocks and corrugated iron sheets as roofing materials. Photo 2, shows some of the structures to be affected by the project at Guruka Kwalala in Gongo la Mboto ward. 19

50 Photo 2: Some of the structures to be affected at Guruka Kwalala in Gongo la Mboto ward For the impact of residential structures as shown in Table 2, they are mainly of three types that include those used as residents for the owner of the house, those used with tenants and therefore a source of income for the owner and other residential structures that combine both residents for the property owner sharing with tenants Loss of Commercial Structures It has been revealed that the project will have a major impact on structures that are used for commercial purposes that include renting houses or renting part of the houses for other type of business such as shops. There are also two main categories of business in the area i.e those that are registered and therefore have records with their business and those that have no records of which most are petty business Loss of Community and Public Structures and entities The public/community properties include structures and land that are publicly owned, used or controlled, example by a government authority, such as a school, health centre or sports field; and those that are actually private, but serving a community purpose, such as a place of worship, a private clinic or a private school. The proposed BRT Phase III will affect 1 community structure used for various activities, though the demolition of community entities will not lead to any relocation of individuals but is 20

51 likely to disrupt community services and social networks. At Mwembe Madafu in Ukonga ward, the project will affect underground water pipes located close to the graves that will be removed. The water pipe distributes water to nine (09) Distribution Points within the mtaa saving about 16,000 people within and outside the mtaa Loss of Land The proposed project will result in loss of land mainly for urban settlement and commercial purpose. All the plots to be affected are owned by individual and have been developed except for 5 plots that owned by individual PAPs Impact on Permanent Crops/Trees (Individual PAP) 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 coconut trees, sisal, fruit trees, banana trees and timber and shades related trees. PAPs specifically those at the proposed Gongo la Mboto terminal Station have grown trees for various purpose that include shelter, fruits and subsistence. A total of 21 PAPs own permanent crops. PAP s (legal owners or encroachers) with standing crops that include trees on their plots within the defined project area are entitled to compensation. Each tree is counted and compensated according to its market value and age of maturity; for instance a mango tree that is fully matured and producing is compensated 100% of the compensation rate of the tree Impact on public permanent trees In Dar es Salaam, trees have been grown along the existing road as a mechanism to reduce dust impact from existing road operations, shelter and for aesthetic value of the city or boundary of their plots. A number of trees planted along the existing roads will be affected, most of these trees are owned by the respective Municipal Council or TANROADs and/or other Government offices. In order to minimise the impact on public trees, vegetation clearance for the temporary infrastructure will be limited to the minimum. In addition, areas cleared of vegetation will be re-vegetated to prevent soil erosion. TANROADS will have a 21

52 special program to plant trees as a mechanism to replace those public affected trees. The budget for this program is included in the ESIA for this project Impact on Seasonal Crops Seasonal crops are mainly those that take less than six months to reach total maturity that allows them to be fully harvested and the land cleared, they include maize, cassava, paddy, vegetables, sunflower and beans. PAPs with seasonal crops are normally not compensated for the affected crops but are allowed to harvest their crops prior to project implementation. Therefore they are only entitled to compensation of affected land if they own it. However, considering that the project is being implemented in an urban area, and the size of plots within the project affected area, on the cut-off date of this RAP there were no PAPs with seasonal crops on the Right of Way. However, considering that the project is being in an urban area, and the size of plots within the project affected area, on the cut-off date of this RAP there were no PAPs with seasonal crops on the Right of Way Destruction of Graves The proposed project will affect graves that are in a graveyard that is along the Nyerere road at Gongo la Mboto area. A total of 10 graves will be affected by the project and will have to be relocated prior to implementation. The management and relocation of graves will be done according to the Graveyard removal Act No. 9 of According to the Act, the Ilala Municipal council through the department of health will be responsible in collaboration with the relatives of the deceased in the process of removal, transportation and reinstatement or reinterment conditions of a grave or dead body. Prior to removal of graves public announcement using different media such as television, radio and newspapers will be made by TANROADS to inform the relatives of the deceased about the intention to remove the graves. In addition to mass media, announcement will be made through surrounding mosque to inform the people about the intention to remove graves and when and where the meetings with the deceased relatives will be made. Following the public announcement, TANROADS and the Ilala municipal officials will organize meetings and closely work together with relatives to ensure that all graves at the proposed sites are identified and removed with due regard to the views of the persons interested 22

53 and the religious susceptibilities of the members of the religious community to which the person belonged whose grave or dead body it is; (b) with due solemnity and respectful treatment of the dead; (c) so far as is practicable, without unnecessary damage to the grave and the dead body; (d) so that a dead body which is disinterred is transported and reinterred without undue delay; Impact on PAPs Following these activities a total of 992 PAPs from 254 households with residential and commercial structures will be completely affected and will be physical moved to another area of their own preference while four (04) PAPs will be partially affected and will not be physically moved. The project will also affect 977 residential tenants and 37 commercial tenants. Furthermore, the project will affect public infrastructures, utilities and crops.. Table 4, 5, 6, 7 and 8, summarizes the type of assets or number of PAPs that will be affected during implementation of the project Economic impact on Private Bus Operators (Daladala) The proposed BRT 3 has bus operators that operate within various parts of the Dar es Salaam City, the BRT 3 will substitute this business which is likely to have economic loss to owners of these buses. To mitigate this impact, the phasing out of these daladalas, which to some extent is already taking place in other routes, will be done by way of nonrenewal of SUMATRA licenses along those routes, which are issued for a maximum of 12 months. Upon expiry of their license affected operators will be offered different daladala routes to operate. It should be noted that the fast population growth and rapid spreading of suburban neighbourhoods close to the project area will create sufficient need to absorb most of this freed capacity. 23

54 Table 4: Project affected Households, assets and magnitude of impacts Area Gongo la Mboto - Guruka Kwalala (Bus terminal and Deport Number of PAHs Number of PAPs Number of affected structure Type of affected structure Land and (Residential and commercial Magnitude of Impact and Relocation status Completely affected and will be physically moved Land and fence Partially affected and No relocation Shop frame Partially affected Ukonga and No relocation (Nyerere Building Completely affected Road) and will be physically moved Land and fence Partially affected and No relocation Building Completely affected and will be Gongo la physically moved Mboto Building Completely affected (Nyerere road) and will be physically moved 03 Part of garage Partially affected No building relocation Shop building Completely affected Uwanja wa and will be Ndege physically moved (Nyerere road) Mosque Completely affected and will be physically moved Ilala Regional Partially affected commissioner s and No relocation fence Total Source: Kyong Dong Engineering Co., Ltd. In association with Ambicon Engineering (T) Limited, 2014 and Independent consultants,

55 Table 5: List of affected tenants in Gongo la Mboto Bus terminal and depot Category of Tenants Number of PAHs Number of PAPs Level of Impact Residential tenants Completely affected Commercial tenants - 37 Completely affected Total 244 1,014 Source: Kyong Dong Engineering Co., Ltd. In association with Ambicon Engineering (T) Limited, Table 6: Affected public infrastructures and other properties Type of Number of Ownership infrastructure/properties affected infrastructure Mtaa office 01 Guruka Kwalala Mtaa 02 owned by Guruka Kwalala Mtaa Bore holes 16 currently serving the community 14 owned by individuals but serving the community Bill boards 16 Owned by individuals/companies and NGOs but for public use ATM machine 01 Akiba Commercial Bank Underground water pipes and - DAWASA sewerage systems Underground water pipes - Mwembe Madafu Development Organization. The pipes are located close the graves that will be removed at Ukonga Mwembe Madafu Mtaa Power distribution lines and poles - TANESCO N.B: The total number of trees and utilities to be affected along the roads is excluded Source: Kyong Dong Engineering Co., Ltd. in association with Ambicon Engineering (T) Limited, 2014 and Independent Consultants,

56 Table 7: Affected Trees at Gongo la Mboto bus terminal and depot S/n Type of Trees Number S/n Type of Trees Number Moringa, Drumstick tree 6 Rambutan (Muashoki) (Mlonge) 2 Neem trees (Mwarubaini) Msufi 2 3 Starfruit, carambola 1 21 Mjengua 3 (Mbilimbi) 4 Henna, Zanzibar bark Lemon trees 7 (Mhina) 5 Coconut trees Mivinje 4 6 Soursop (Mstafeli) Mkurunge 8 7 Passion 2 25 Alovera 4 8 Mjenga ua 5 26 Date palm (Mtende) 12 9 Pawpaw Rough-leaved corkwood 8 (Mchongoma) 10 Avocado trees 4 28 Tamarind trees (Mkwaju) 2 11 Guava tress Uzazi wa mpango 3 12 Mango trees 5 30 Flamboyant tree (Mjohoro) 9 13 Oil Palm trees 5 31 Fever Trees (Mbura) 1 (Mchikichi) 14 Midodoma Durian (Mduriani) 1 15 Mifagua 1 33 Orange tree 3 16 Banana trees Pomegranate 2 (Mkomamanga) 17 Timber 1 35 Mzeituni 2 18 Shade trees Jackfruit 1 Total Table 8: Affected Trees along Nyerere road S/n Type of Trees Number 1 Mkuyu 1 2 Neem trees (Mwarubaini) 5 3 Flamboyant tree (Mjohoro) 3 Total 09 Source: Kyong Dong Engineering Co., Ltd. in association with Ambicon Engineering (T) Limited, 2015 and Independent consultants,

57 The most extreme impacts will be felt by people who will have to relinquish all or most of their land and other property and move to other locations which may be some distance away from the affected project area. Less extreme impacts will be felt by people who will lose smaller portions of their land and assets and who will not need to physically relocate. Losses will not only be limited to property owners with legally recognized property rights but some impacts could possibly be felt by people without ownership rights, such as tenants and informal or itinerant land users and squatters. It should be noted about 60 percent of housing in urban areas in Tanzania are in unplanned and un-serviced areas (URT, 2000), however, through the Tanzania s Property and Business Formalisation Programme, known by its Swahili acronym MKURABITA all land, houses and other properties in the project have been registered in a unified system of property rights and businesses and thereby give them legal ownership of their properties and they pay land and property tax to the Municipal authority. Although not directly related to the acquisition of land for project purposes it is possible that construction teams may adversely impact on (e.g. damage) land or property located outside the road corridor. The affected people will, therefore, suffer losses which may be temporary or permanent and such displacement will need to be dealt with in accordance with the requirements of the resettlement action plan. 27

58 3.3 Measures to Minimize Resettlement Impact Based on the field survey and assessment the negative impact of the project includes loss of land, residential and business structures as well as impact on graves. After carrying out consultations with the project affected persons and the communities at Gongo la Mboto, Ukonga, Kipawa, Mnyamani, Buguruni, Sharifu Shamba wards and after making ground observation following the proposed project design, the Consultant in collaboration with project implementers proposed the following measures in order to reduce the magnitude of resettlement impacts to the people Change of alignment In various parts of the proposed project particularly construction of the road, the design has considered change of alignment to minimize impact; for instance at Shauri Moyo area, the size of the road is significantly reduced to minimize impact to various commercial structures Confine Project Activities within existing Right of Way Currently there is an existing road within all the areas that the project is proposed to be implemented. These include the Nyerere and Uhuru roads therefore to minimise impact. The proposed PHASE III project will as much as possible utilize the current road RoW; this has enabled the project to minimize impact to local population and their assets. 28

59 4.0 Organization and Responsibility 4.1 RAP implementation Organizations and Institutions A number of organizations and institutions will be involved with development and implementation process of RAP at different levels as discussed in the following sections; (i) Tanzania National Roads Agency (TANROADS) As soon as the RAP is cleared and finalized, TANROADS will formally disclose it in the country and among the affected people. For this purpose, TANROADS will organize sessions for the affected PAPs and community at large. The sessions will be chaired by the RAP specialist from TANROADS and attended by the Ilala Municipal Council and Ward / Mtaa Government representatives. Adequate display materials will be utilized. TANROADS will sensitize the PAPs and vendors on alternative business to improve their living. (ii) The Ministry of Finance and Planning through TANROADS The Ministry of Finance and Planning through TANROADS will disburse the compensation funds to TANROADS Regional office to pay the PAPs and Public Institutions eligible for compensation. After compensation, the communities will be given at least three months for resettlement. TANROADS will then authorize the Contractor to start demolition works. (ii) Ministry of Lands, Housing and Human Settlements Development The Ministry of Lands and Human Settlements is responsible for policy, regulation and coordination of matters pertaining to 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 Lands 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. 29

60 (iii) Ilala Municipal Council The Local Government (Ilala Municipal Council) in collaboration with TANROADS will dispatch the dislocation notices to the concerned PAPs in Gongo la Mboto and along the Nyerere road whose land and properties will be affected by the project. (iv) Ward and Mtaa Level The local Government system in Tanzania is based on the Decentralization Policy and is enshrined in the Local Government (District Authorities) Act No.7, 1982, the Local Government (Urban Authorities) Act No. 8, 1982, and the Regional Administration Act (1997).Local Government at Mtaa and Ward will be main focal points of the whole RAP implementation activities. This includes identification of PAPs as they are the ones who are familiar with them as well as familiar with the actual loss of the PAPs. The leaders of these authorities are the representative of the local government at their respective levels. Any complaints from the Project Affected People will be presented to the Mtaa office to be discussed in the Mtaa Grievance Redress Committee (GRM). If not resolved, the MGRC will forward the complaint to the District Grievance Redress Committee for further action. (v) Independent local NGO A local independent NGO will be hired to assist in raising public awareness on resettlement and facilitate local community participation in RAP implementation. This NGO will be involved to witness the fairness and appropriateness of the whole process. It will also be involved in the monitoring of the resettlement process, establishing direct communication with the affected population and community leaders. Moreover the local NGO will be involved in support of affected community in Grievance Redress and Resettlement committee respectively. Table 9, shows the Institutional roles and responsibilities in RAP implementation. 30

61 Table 9: Institutional roles and responsibilities in RAP implementation Name of institution Roles and responsibilities TANROADS Disclosing of RAP to the community after its preparation. Organize sessions for the affected PAPs and community at large Authorize the Contractor to start demolition works. Dispatch the dislocation notices to the concerned PAPs at Gongo la Mboto and along Nyerere road Liaise different government institution in RAP implementation Ministry of Finance and Planning disburse the compensation funds to TANROADS Regional office to pay the PAPs and Public Institutions eligible for compensation. Ministry of Lands, Housing and Human Settlement Development Responsible in making sure that the amount of money paid to the PAPs is equivalent to the value of affected properties Signing of valuation reports. Administers the various Land Acts Deals with land allocation, acquisition, and registration and land management Ward and Mtaa Level Administrator at the local level Identification of PAPs as they are the ones who are familiar with them Receive and file grievances from the grieved affected party (PAP). Hears and rules grievances through Mtaa Grievance Redress Committee (MGR) Forwards unresolved grievances to District Grievance Redress Committee (DGRC) Ilala Municipal Council (Ilala District) Dispatch the dislocation notices to the concerned affected PAPs District Grievance Redress Committee To assist vendors to access new market (DGRC) areas for their businesses. Receives unresolved grievances from MGRC Hears and rules unresolved grievances forwarded from Mtaa Grievance Redress Committee (MGRC) 31

62 Forwards unresolved grievances to appropriate Court. Independent local NGO To raise public awareness on resettlement process To facilitate local community participation in RAP implementation. Member of Grievance Redress committee to help PAPs on technical issues and create awareness on various matters. (vii) Inter-Agency Coordination The RAP activities and process require inter-agency coordination among and between different institutions, Agencies and Organizations. The Ministry of Works, Transport and Communication will oversee that the Government Policies and regulations related to road development and its related Acts are in place. TANROADS as a project owner has a responsibility of coordinating the project activities including monitoring and evaluation of the project implementation. The Agency will hire a local NGO to assist in raising public awareness on resettlement and facilitate local community participation in RAP implementation on its behalf. However TANROADS has to monitor the activities of the hired NGO. The Agency has to liaise with other Government Institutions at different levels during Project Implementation. These include the local governments, Ministry of Lands, Housing and Human Settlement Development as well as the Ward and Mtaa Government. Three sub-committees shall be formed in implementing RAP and these are: Resettlement committee Compensation committee Grievances Redress committee The Committees composition and responsibilities are outlined in Table 10; 32

63 Table 10: Committees and responsibilities for RAP implementation UNIT RESPONSIBILITIES MEMBERS Resettlement Committee Oversight management Mayor (Chair) and coordination of RAP Representative of implementation activities TANROADS and teams Representative of Lands, Liaison with Housing and Urban municipalities, districts, Development. government agencies and other stakeholders Representative of a Local NGO Review of periodic Four representatives of progress report in PAPs (One from PAPs accordance with RAP with structures, One from guidelines business tenants, one from deceased relatives and One from residential tenants Representative from Local community Representatives from Gongo la Mboto ward and Mtaa and Ukonga (Mwembe Madafu) Compensation Committee Coordinate management of Mayor (Chair) compensation process Ensure compensation is consistent with RAP guidelines Grievance Redress Committee Address entitlement issues and other disputes and concerns among PAPs and other stakeholders Advice PAPs and other stakeholders on redress mechanisms which cannot 33 Representative of TANROADS Representative of Ministry of Lands, Housing and Urban Development. Valuer Four representatives of PAPs (One from PAPs with structures, One from business tenants, one from deceased relatives and One from residential tenants) Mayor (Chair) Representative of TANROADS Representative of Ministry of Lands, Housing and Human Settlement

64 be resolved Liaise with other authorities and Resettlement Committee Development. Valuer Four representatives of PAPs (One from PAPs with structures, One from business tenants, one from deceased relatives and One from residential tenants Representative of a Local NGO 4.2 RAP updating and management of Issues Given the fact that the initial RAP was prepared two years ago, in 2014, it is likely that new issues in relation to resettlement plan may arise. Before the implementation of the project, TANROADS will ensure that the RAP is reviewed and updated. The review process will include validation and/or conduct of tagging, census, socioeconomic and property surveys if additional households and assets are identified to be affected in case of any changes in the design of the Project as compared to the existing design or presence of any unforeseen impacts. Further, other aspects of the RAP update will include properties that have changed hands, new structures if any, etc. These will be confirmed through verification meetings with both communities and their leaders commonly known as barazas as well as with Municipal Councils that approve the building or extension of structures in Dar es Salaam. The process of updating the RAP, will involve meetings with PAPs to address specific planning issues during the Draft RAP disclosure period and prior to finalization of the RAP and individual agreements in relation to the valuation report and compensation schedule. Subsequent to the finalization of the RAP and signing of individual agreements, TANROADS will continue to consult with the PAPs. Regular community meetings will be held providing updates and responding to questions and issues regarding RAP implementation on a monthly basis up to six months after displacement. In addition to the formal meetings described above, grievance redress mechanism will used as means to address some of the issues might arise in the course of RAP implementation. TANROADS personnel, particularly, the committee member in the RAP implementation will be 34

65 working closely with the Mtaa and Ward leaders to ensure that PAPs concerns and issues regardless of their new location are properly and timely managed. 4.3 Identification of PAPs representatives As mentioned in Table 10, there will be four PAP representatives in the resettlement committee to ensure that their views and opinion in relation to the resettlement process are represented to responsible authority. In order to get the representative, under the guidance of TANROADS, a PAPs meeting will be called to choose their representatives who will be capable of representing the PAPs. In the process of identifying the representative the issue of gender should be considered to ensure there is a balance in the representation in terms of gender, and age group 35

66 5.0 Public Consultative and Participatory Meetings Effective resettlement planning requires regular consultation with a wide range of project stakeholders. Broadly defined, stakeholders include any individual or group affected by, the project, either positively or negatively including the host community. The overall goal of the consultation process was to disseminate project information and to incorporate the views of various stakeholders in the project design, implementation; mitigation measures, management plan and Resettlement Action Plan. The first phase of consultative meetings was done within 2014 involving the head of affected households and their tenants. The second consultative meetings intended for vendors were conducted between 10 th January to 20 th February and 13 th August, 2016; the consultation involved 313 people including 65 leaders at different levels and about 261 vendors who were doing different businesses along the proposed project. Refer Table 1 in Chapter One under Public Consultation. Public consultation ensured that various groups views are adequately taken into consideration in the decision making process. Consultation with the stakeholders aimed at positively conveying information about the planned project development, clear up misunderstandings, allow a better understanding of relevant issues and how they will be dealt with, and identify and deal with areas which are controversial while the project is still in its design stage. The consultation process will continue at different stage of RAP implementation to ensure that all PAPs are well informed about the development of project and its implementation. 5.1 Objective of Public participation and Consultation The objectives of public participation and consultation were: i. To ensure transparency in all activities related to the resettlement and its potential impacts; ii. To share fully the information about the proposed project, its components and activities; iii. To obtain information about the needs and priorities of the various stakeholders, as well as information about their reactions; iv. To improve project design and, thereby, minimize conflicts and delays in implementation in relation to resettlement; 36

67 v. To involve public at large together with their responsible institutions and organizations in the project design and planning; vi. Information dissemination to the people about the project and resettlement; and vii. Understanding perceptions of local people towards the project 5.2 Identification of Stakeholders for Consultation A mentioned above, the first site visits were carried out in 2014 in gathering adequate information on the site issues related to the Resettlement Action Plan, identification of spatial boundaries and pre identification of all stakeholders who will be affected by the project. The following stakeholders were identified and consulted: (1) Institutional stakeholders: Institutional stakeholders were defined as decisions that might affect the proposed development project. These are: (2) Ministries i. Ministry of Works, Transport and Communication ii. Lands, Housing and Human Settlement Development iii. Water and Irrigation (3) Local governments i. Dar es Salaam City Council (DCC); ii. Ilala Municipal Council (KMC); iii. Ward Executive Officers in the respective project affected wards iv. Mtaa government officials in the respective project affected Mtaas (4) Others i. Tanzania National Roads Agency (TANROADS) ii. Dar es Salaam Water and Sewerage Authority (DAWASA) iii. Dar es Salaam Water and Sewerage Corporation (DAWASCO) iv. Tanzania National Electric Supply Company (TANESCO) v. Tanzania Communications Regulatory Authority (TCRA) vi. Tanzania Telecommunications Company Limited (TTCL) vii. Mwembe Madafu Development Organization (MMDO) 37

68 (5) Individual stakeholders: Individual stakeholders referred to those owning, living or working within the immediate impact area that will experience the highest level of impacts resulting from project implementation. They include: i. Affected Households within the project area ii. Affected business tenants iii. Affected residential tenants iv. Mobile vendors v. Kiosks Owners vi. Affected institutions vii. Fruit vendors viii. Second hand clothing owners ix. Food vendors x. Newspaper vendors xi. Shoe shiners xii. Seedlings Owners 5.3 Methods of stakeholder participation Stakeholder s interviews and consultations were the main methods followed during the process of this Resettlement Action Plan. The team involved the key identified stakeholders in order to generate issues of concern in relation to project implementation. In respect of the intended project activities, the stakeholders that were consulted raised concerns on a number of issues that need attention. Concerns raised vary from one type of stakeholders to another (from Ministerial and Municipal officials to Wards/Sub-wards concerns). Some of the issues raised were: i. Land acquisition ii. Availability of space for doing business (mobile vendors) iii. There is a need for planned new markets that will be able to accommodate all vendors. iv. Loss of livelihood for mobile vendors v. Land and property compensation vi. Employment vii. Loss of tenant s business 38

69 viii. Time of project implementation ix. Cost for relocation of utilities x. Space for relocation of utilities Notification to stakeholders Stakeholders were notified prior meeting with them. Notifications were through use of letters, telephone communication and physical visit Head of household interviews The socio-economic survey in this RAP covered a total of 265 PAPs. These include 123 house owners, 19 residential tenants 123 sampled street vendors. Although street vendors have been included in this RAP, they are not eligible for compensation, however, since their livelihood will be affected by the proposed project; there is a need to assist the vendors to get new places where they can conduct their businesses according to their preferences. In to understand the street vendor s socio-economic characteristics, their concerns, views and preferences, a separate social survey of mobile vendors has been undertaken and appears as a subsection in this chapter Official meetings with Ward/Mtaa leaders As shown in Table 1, the Ward and Mtaa public meetings were conducted using checklist. Mtaa officials including Chairperson, Mtaa executive Officer (MEO) and committee members were invited and participated effectively Meetings with Municipal officials The Ilala Municipal Council officials were notified and consulted. Checklist and open discussion were applied during meeting with them Consultations with other relevant stakeholders Other relevant stakeholders included TANROADS, DAWASA, DAWASCO, and relevant ministries such as Ministry of Water, Ministry of Lands, Housing and Human Settlements Development. The RAP team visited these stakeholders and undertook open discussion guided by checklist in order to capture adequate information. Stakeholder s views and concerns are shown in Table

70 Table 11: Stakeholder's views and concerns Concerns and Views 01 Through past experience compensation has made affected people to become poor because of little compensation and bureaucracy of getting the money. For example residents of Kipawa during expansion of airport. 02 Employment (Labourers): The contractor should give the priority of employment to the people residing nearby along the project site during the construction. The communities may be involved in some activities as labourers during construction phase. 03 Compensation should be done in time not more than six months after valuation of people s properties. At the present, tenants are reluctant in paying rent for a long period for fear of being evacuated from the houses. Our development plans which depend on rents are at risk if the payments will delay. Remarks PAPs will be compensated fairly according to current plots price and on time without unnecessary delays. Employment opportunities should only be provided to those people aged l8 years and above. However employment is competitive so youth should organize themselves with the assistance from ward and Mtaa authority to penetrate in labour market. Since the compensation has been delayed, the compensation schedule will be updated to take into account the current land value and construction materials. In case there is fall in the land value, the value in the initial compensation schedule will be maintained. This will also be applied to compensation of trees. For example, for trees which were graded as 10 percent will be given a different rate in order to accommodate the current rate of growth. No works will start prior to the full payment of compensation to the PAPs and provision 40

71 of relevant assistance. Tenants should not worry because they have their package too. If he/she leaves your house he/she will lose the allowances. Land lords will get the loss of interest for 36 months from the cut-off date. 04 Mitaa governments in collaboration with the Ilala Municipal Council and TANROADS should be involved to assist the PAPs in acquiring the land for construction 05 The project will facilitate Municipal economic growth. Gongo la Mboto ward should be assisted by the government in planning (e.g. Land use and plot surveying) in order to curb/cut limit/control unplanned growth of settlements and avoid resettlement. 06 There will be the environmental degradation during bus terminal and depot construction. Many trees will be destructed. Special attention should be paid to replace them 07 There will be spread of HIV/AIDS and other sexually transmitted infections if thorough measures are not taken by The Municipal Council is responsible for locating new plots to PAPs and PAPs will purchase them after receiving their compensation. The recommendation is acceptable. Ward Executive officer should consult Municipal council for guidance on planning of new settlements in the area. The environment should be restored as per requirement of EIA Guidelines and Regulations of During construction trees shall only be uprooted when it is absolutely necessary in which case the contractor shall seek permission to do so from the Consultant. The contractor should implement HIV/AIDS program. Also, religious leaders have a role to build the moral behaviour amongst their 41

72 households, ward and Municipal in waging a campaign against spread /prevalence of HIV when PAPs are having disposable money from compensation. Secondly PAPs should be educated on the usage of compensation money otherwise people will squander them and fail to build another house. 08 Dust problems and noise is likely to occur due to construction of road, depot and bus terminal. This will be source of coughing, chest pain and influenza to the living and doing business close to the construction site. 09 Tenants doing business in the affected houses in the project area, wanted to know if they will be considered for compensation? 10 Some people wanted to know if the grave yards which are in the project area will be affected. And if so, will they be compensated? 11 Relatives of the deceased insisted that they should be involved in all process during the removal of graves followers. The contractor is required to conduct relevant awareness seminars and campaigns through Ward committees for health on HIV/AIDS during construction phase. On proper spend of compensation money, the municipal council will arrange seminars and meetings with PAPs to provide guidance and arrange follow-up mechanism to all PAPs to make sure every sent is spent as planned. The contractor is responsible to sprinkle water during the construction process and lubricate machines as per requirement of ESMP. Cash compensation allowances for disturbances, loss of profit for business tenants and transport will be provided. Compensation for affected graves will be done according to Graveyard Removal Act, Some amount of funds will be paid the responsible municipal authority to facilitate removal of graves. The Graveyard removal will be applied and the Ilala Municipal council through the department of health will be responsible in collaboration with the relatives of the deceased. 42

73 12 Some graves in the proposed site cannot be easily seen because they have been there for many years and they were constructed. 13 There is a possibility of affecting the other cemetery area near Guluka kwalala, so it s necessary for us to visit the site as to figure out if it really outside the project area. 14 The estimated number of affected graves on the other identified cemetery area at Ukonga Mwembe Madafu may be on the higher side than it is estimated. 15 Relocation of graves depends on the nature of Cemetery ownership as owned by institutions, community or individually owned. 16 As per directives, the municipal pays a flat rate compensation which is 100,000Tshs to relatives whose graves will be affected by the project but basing on complains and differences among affected graves made other investors to provide compensation basing on their own valuation, even though others don t want to be paid at all considering of its sentimental value. The contractor and the Ilala municipal officials who will be responsible for removal of graves will closely work together with relatives to ensure that all graves at the proposed sites are identified and removed. Based on the current assessment on the project area, there is no cemetery that will be affected in Guruka Kwalala. Careful assessment will be made at the site to ensure that all graves which cannot be easily seen are identified. This will achieved by involving the community around the cemetery More consultations with the deceased relatives will be done to agree on the best approach to grave removal in the area. The valuation has provided 300,000/- per grave. 43

74 17 The municipal is currently having some cemetery areas for relocation of graves which is Kitunda Mwanangati and Pugu. 18 The investor should write a letter to Ilala Municipal Director requesting for assistance on undertaking graves relocation task, which will be replied back with description of all procedures to be taken and cost associated to cover the whole process. 19 In order to ensure that the deceased relatives are well informed about the removal of graves, publications and announcements on grave removal should made using different media. 20 Facilitations for community meetings with ward executive directors, relatives whose graves has been affected and ward heath officers will be necessary Agreement will be made with the deceased relatives on where the graves will be relocated. The project proponent will write a request letter to Ilala Municipal Council as it is proposed Announcement will be made accordingly. The budget for facilitation of grave removal is indicated in this report Mechanism for Continued Consultation The consultation will be continued in the implementation stage. Several additional rounds of consultations with the PAPs will be done through NGO involvement during RAP implementation team. These consultations will involve seeking consensus on compensation and assistances. The other round of consultation will occur when compensation and assistance is provided and actual resettlement begins. The following set of activities will be pursued for effective implementation of RAP: Verification and updating of PAP records; 44

75 Calculation of compensation for lost assets and assistances as per the entitlement package and informing the PAPs the same. The NGO will organize public meetings to inform the community about the payment and assistance paid to the community. Regular update of the program of resettlement component of the project will be placed for public display at affected site Involvement of vulnerable groups during the project implementation process to ensure their participation and addresses of their needs. The NGOs involved in the implementation of RAP will organize Public meetings, and appraise the communities about the progress in the implementation of project works. 6.0 Socio-Economic Profile of the Affected Population The socio-economic profile of the likely Project Affected Households has been prepared based on the data generated by the primary survey conducted in August The information was collected by administering the census and socio-economic survey questionnaire to the head of the household or any other adult member of the household. The outcome of this survey provided an insight in to the socio-economic condition of these PAHs, their priorities, expectations and apprehensions. The objectives of the census survey were to prepare the list of the project affected households and also assess the extent of impacts. The survey was conducted by engaging a team of surveyors recruited locally. The second phase of socio-economic survey was undertaken from 10 th January to 13 th August at different interval with a focus to street vendors and other PAPs that were not covered in the original survey. 6.1 Objective of Census and Socio-economic Survey The census and socio-economic survey for PAPs is important for the planning of resettlement. The census and survey assist to know the social structures of the population and their distribution to inform resettlement planning. The main objective of conducting census and socio-economic studies includes: i. Collection of census data to identify PAPs on the individual and household levels ii. Collection of census data to identify vulnerable and severely affected PAPs 45

76 iii. Identification of stakeholders; identify impacts of the proposed project area especially on the livelihood of the PAPs (i.e. properties, structures, income etc.) iv. Identification of any concerns of PAPs v. Identify the resettlement preferences of the PAPs 6.2 Demographic Characteristics of the Project Affected Households A total of 2,497 Project Affected People will be affected by the proposed development. The project affected people comprises of 247 head of households, 992 family members, 244 tenants head of households and 977 family members of the tenants as well as 37 commercial tenants as individual PAPs.. The average family size of the project affected households works out to be 4.4. The recorded PAPs average household s size is relatively higher than the district average household s size 0f Age of respondents The largest percentage of respondents falls within the age bracket of (38.7%), (50%) and those who are in the age group of above 60 years of age accounts for 11.3% of the respondents Gender of respondents The assessment of gender shows that out of the total respondent of 69.7%, are males and the remaining 30.3% are females. Based on local traditions in various parts of the country, men are considered to be the heads of households. 46

77 Source: Filed Survey, 2014 This implies that, decisions (on well-being of individual members, ownership, use and management of resources) at household level are made by men with little or no input from women Marital Status of respondents As per socio-economic survey among adult population, 142 (77.2%) persons are married while 7 (5.1%) persons are single and 23 (16.2%) are widows while those who have separated accounts for 1 (0.7%). The presence of widows means that more measures will be required to address the issue of vulnerable people in the project area. The Marital status of PAPs is presented in Figure 4 Figure 3: Percent distribution of head of household's marital status As per the findings of the socio-economic survey, 100% project affected households are from Guruka Kwalala mtaa in Gongo la Mboto ward where the bus terminal and depot will be constructed. 47

78 6.2.4 Education of PAPs respondents Most head of household in the project area have formal education with 52.8% of head of household having undertaken primary education, 20.4% secondary education and 8.5% having university education while 9.2% do not have any formal education. 6.3% of PAPs who are primary school dropout and 2.8 are secondary school dropout Economic Activities of the PAPs Data on economic activities of PAPs show that most of the PAPs depend on business (19.7%) and petty business (26%) as their primary economic activities. Other PAPs primary economic activities include wage employment (21.8%), casual labour (20.4%), farming (9.9%), Fishing (0.7%) and livestock keeping (1.4%). Table 12summarizes data of PAPs primary economic activities: Table 12: Head of household's primary economic activities Economic Frequency Percent Farming Livestock keeping Fishing Waged employment Business Petty trading Casual labourer Total Source: Household survey at Gongo la Mboto ward, Source and Average monthly income of the PAPs As it shown in Table 10, the most common major source of income in the project area was running petty trade and business accounting for 45.7% of affected people. PAPs who depends on wage employment constitutes about 22.0% of the PAPs followed by casual labour, urban farming and fishing. The PAPs average monthly income was difficult item to assess because many people do not keep records of what they get from their major sources. Furthermore, other PAPs were not willing to disclose what exactly they are getting from their business or any activities. However, some of the PAPs who responded to the question indicated that the average 48

79 monthly income generated from the major occupations varied widely between Tshs. 100, ,000 per month. The medium to high income households that earn through self-employment either in operating small shops, restaurants or rent houses have an income ranging from 500,000 to 900,000/- constitute about 18% of the PAPs. The findings further, indicated that low income earners which form the larger part of the PAPs (48%) earn, between Tshs 100, 000 and 199,000/=. In addition 16.2% earn between Tshs 800,001-1,000,000 per month through wage employment and operating a business, while 17.6% received above Tshs 1,000,000 per month most from a combination of economic activities (shops, rentals, bars, café shops and wage employment). It can therefore be concluded that the majority of interviewed households in the study areas are low income earners and obtained their money from small business, casual labour and urban agriculture, compared with the few who depend on wage employment and a combination of economic activities Availability and Distance to Social services There are number of social services within and around affected area. These include source of drinking water, waste management facilities, health services, schools and other public utilities. Other services include shops that are within a range of 200meters from PAPs houses, markets at an average of 1000meters from PAPs houses, primary schools at an average of 1000 meters from PAPs houses, secondary schools at an average of 2500meters, health facilities at 2000 meters and police posts and stations as well as bus stations at an average of 300 meters from PAPs households. PAPs that will have to be relocated are concerned if they will be able to relocate at an area that is close to most important social services Types and Size of Impacted House Structures The types of houses found in most of urban areas in Tanzania are similar to those found in the project affected area. Most of the houses are modern built with cement floor, corrugated iron sheets and cement blocks. In Gongo la mboto ward 90% of PAPs houses consist of cement floors, 4.9% with mud floors and 13.4% tiles floor. 96.5% of the houses have corrugated iron sheets, 2.1% have tin and metal roof, while only 1.4% are of concrete. Most of the houses owned by PAPs consist 95.8% have cement blocks walls 49

80 2.8% have poles and mud and 1.4 have walls made of interlocking blocks. The variation in type of construction materials will imply variations in the compensation rates that PAPs will receive. Number of rooms in PAPs houses varies with most of the PAPs houses comprises of 6 rooms (16.2%), 5 rooms (18.3%) and 2 rooms (9.2%). Other PAPs houses have 3 rooms (12%), 8 rooms (9.9%), 4 rooms (13.4%), 7 rooms (7%), 9 rooms (0.7%), 10 rooms (2.8%), 11 and 14 room (0.7%) each, 12 rooms (1.4%) and 15 (2.8%) each as shown in Table 13. It is anticipated that the valuation will calculate loss of accommodation rate depending on number of rooms of each house that will be relocated. Table 13: The number of rooms owned by PAPs Number of Rooms Frequency Percentage Total Source: Household survey at Gongo la Mboto ward, Social Services in the Project Area There are number of social services within Ilala Municipal. These include health services, water, schools and security and safety services. Education services are also available in the municipal and they include primary schools, secondary schools, and tertiary institutions including vocational training centres and university colleges. There are 158 primary schools of which 105 are government owned and 53 are private owned. There are also 91 secondary schools out of them 49 are government owned and 42 are 50

81 private owned. The municipal also has 3 teachers training collages and number of other tertiary institutions. There are also several number of health facilities which are available in Ilala Municipal. These include 9 hospitals and 197 dispensaries. Residents of Ilala obtained water from various sources including water from Dar es Salaam Water and Sanitation authority as well as boreholes, shallow wells and deep wells found in various parts of the municipal. Solid waste management services are also available in the Municipal. Waste is collected on site by contracted private companies and Community Based Organizations and transferred to the designated transfer station and dumping sites. Solid waste generated in the Municipal composes of household, market, commercial, institution and street waste. The area also comprises of various economic activities that include factories, manufacturing industries, petty business, wholesale business. Other important services are also available within the area that includes grave yards, social infrastructures and utilities such as water, and electricity, telephone lines, pedestrians sidewalk, ATMs, transport services and filling stations Vulnerable Groups or Persons requiring Special Provisions 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. The survey identified 89 people categorized as vulnerable; these constitute 55 female headed households, 10 elders, 4 persons who are disabled, 1 person with chronic disease, 3 orphans and 16 windows as shown in Table 14. These are the people who will need special attention and assistance during RAP implementation. 51

82 Table 14: Number and type of vulnerable PAPs Head's vulnerability Frequency Percentage Widow Orphan Elderly Disabled Chronic Disease Female headed households Total Source: Household survey, Willingness to relocate During the public meetings and individual consultations all affected households by the project declared their willingness to relocate should they receive prompt and fairly compensation. Most of the Households interviewed indicated their preference of relocating to a site of their choice. They emphasised that the amount to be compensated should enable them to buy land in other areas to enable them establish new settlements. When they were required to provide their views on the possibility for the Ilala Municipal Council to find alternative land where they could be relocated, the PAPs were against the proposal by arguing that most of the alternative land currently, developed by the s Municipal council are located away from the areas they are used to do their businesses. Therefore assistance for the relocation process will be provided to vulnerable PAPs: further relocation assistance is provided as part of the PAPs entitlements (i.e. accommodation, disturbance and transport allowances). 6.3 Socio-economic Characteristics of Mobile Vendors Introduction Street vending is an old practice in cities all over the world. The key players are the economically disadvantaged persons such as new migrants, the poor, lowly educated, individuals searching for jobs, and those disadvantaged in different ways are also included in the margins. Street vending serve as a supplementary activity where, individuals in the formal sector employ it as copping strategies to address adverse effects of inflation or raise money for a planned activity. Street vending has grown tremendously in Dar es Salaam and it is one of the leading employers. This is because street vending appeals as 52

83 a quick measure to address immediate financial needs of those who do not have access to formal employment and/or are waiting for opportunities to rise. The role of street vending in the economic health of the city is well known by city authorities and the residents as well. The proposed road development along Nyerere road, Mandela road (between Tazara and Buguruni) and Uhuru road will have significant impacts to vendors especially at Gongo la Mboto, Mnyamani and Buguruni. This section provides an assessment of the demographic and socio-economic characteristics of vendors. It also explores how the vendors will be impacted and provides suggestions to minimize the negative impacts of the project to vendors. In this section, socio-demographic and economic profiles of the vendors based on primary data have been explained Demographic and Social Profile of Mobile Vendors Street vending in the project area is mainly dominated by males as shown in Table 15. The result of this study shows that around 66 percent of the vendors is men vendors and about 34 percent is women. In context of age, there are about 65.8 percent of vendors at the age group of About 5 percent are at the age group of and out of total sample, around 4.0 percent falls at the age group of This clearly indicate that the majority of street vendors are youths who could adversely affected by the project once they will be removed along the road. In terms of education level, the majority 82.9 of street vendors along the proposed project have at least attending primary schools while the rest have not attended any schooling. The assessment of street vendors marital status as shown in Figure 4, have shown that more than half (51.2) percent are married while 37.4 are single, followed by widowed with 4.1 percent and divorced which account for 7.3 of the sampled vendors. 53

84 Figure 4: Percent distribution of vendor's head of household's marital status Source: Field Survey, The average household size of the vendors stood at 5.6. This analysis shows that most of the vendors are highly dependent by their families as the key bread winners for the households. 54

85 Table 15: Demographic and social profile of vendors Indicators Variable Frequency Percentage Sex Male Female Total Age Total Education level No schooling Primary school Total Marital status Married Single Widowed Divorced Total Vendors place of business Gongo la Mboto Ukonga Buguruni Mnyamani Total Vending duration 1-6 month month more than 1 year Vulnerable household s members Source: Field Survey, 2016 Total None Female headed family Elderly Orphan chronic disease Total

86 6.3.3 Vendors Trading Sites and Structures for Displaying Goods. Vendor s trade and service provision in Dar es Salaam occur in different parts of streets and roads. Most vendors locate themselves at strategic points with heavy human traffic, while others walk from one place to the other. They locate themselves along main roads and streets, near shopping centres or at corners where they can be seen by pedestrians and motorists. While the city authorities view vending sites as temporary, the vendors view them as permanent. Vending activities in the project area is undertaken in four main centres namely, Gongo la Mboto, Ukonga, Mnyamani and Buguruni areas. The Gongo la Mboto centre is estimated to have about 600 vendors, the Ukonga centre has about 800 vendors, the Mnyamani vendors are estimated to be 350 and the Buguruni centre including, vendors outside the Buguruni market has about 1200 vendors. Most street vendors in the project area have no tenure for the sites they use, and hence the temporary nature of the structures and display tools they use. Vendors use different structures, including tables, racks, wheel burrows, handcarts, and bicycle seats to display their goods. Others display their goods on the ground over a mat or gunny bag, while others simply carry their commodities on their hands, heads and shoulders. There are also those that hang their goods such as clothes on walls, trees, fences and an advanced group that construct a mixture of permanent, semi-permanent and temporal structures made by different materials as shown in Table 16. Table 16: Materials for vendor's structures Type of walls Type of roofs Frequency Percent Frequency Percent No wall No Roof Wooden poles Tin and metal sheet Metal poles Thatches Umbrella Total Total Source: Field survey,

87 6.3.4 Vending activities and Commodities There are slight variations in the goods and services provided by vendors along the proposed project. However, based on the field survey, vendors are involved in the provision of services and selling of variety of commodities. The services provided by vendors include transport, shoe polishing, transport, hairdressing, photography, commercial pay phone services, barbering, mechanical repairs, music recording and accessories, designing, manufacturing and all types of repair work including garment, shoes, watch and clock repairs among others. In terms of commodities, various types of commodities are sold ranging from food stuff, both fresh and processed, largely dominated by women, fabrics/clothes, shoes, cosmetics, flowers, traditional herbs, craft/artwork/pottery, kitchen ware, plastic products, hardware, electrical appliances and general merchandise such as office stationary, school supplies, books, sweets, brooms and newspapers among others. Some of the activities and commodities sold by vendors are shown in Photo 3. Photo 3: Some of the vendor's activities and commodities at Gongo la Mboto Source: Field survey,

88 6.3.5 Vendor s Level of Income per month The earning of street vendors depends on the products they sell, and it deviates from trade to trade, location to location, the volume of trade and terms of trade. Figure 5 shows that around 20.3 percent vendors per month income are between Tshs. 50,000 to 100,000 while 25.2 percent vendors per month income fall around 110, ,000. It is seen that some of the vendors income (18.7) percent is quite high compared to the government low wage salary rate of 150,000/- per month. Interestingly, it is noticed from the data that income of second hand cloth vendors, vendors those who are selling second hand bags deviates from fruits, food items and vegetable vendors. Figure 5: Percent distribution of Vendor's level of income Source: Field Survey

89 6.3.6 Vendors Source of Capital and Indebtedness A lack of capital is the main hindrance in setting up the vending business. In the absence of adequate and sufficient source of fund, vendors are unable to maintain the level of stock and in this process they lose customers and are also unable to meet their own daily needs. The assessment of street vendors along the proposed development have shown that most of the vendors have no access to formal finance, and largely rely on their own savings, and finances from friends and relatives. In cases where they have organized into groups or as individuals they are able to pool their resources through Savings Associations Cooperatives Societies and some formal Micro Financial Institutions such as PRIDE. However, the main challenges with the formal Micro Financial Institutions are related to their requirements and high interest rates which have discouraged many vendors to acquire loans and sometimes for those who have managed to acquire credit fall into debt trap due to high indebtedness which have resulted to confiscation of their properties Working Conditions and Conflicts of Street Vendors Currently, street vending in the city of Dar es Salaam, particularly along the proposed project is highly vulnerable. Demolition notices and orders to vacate unsanctioned vending areas are not only common cum frequent, but they are executed in many times and sometimes even before the vendors are informed about their vacation. In addition, it was observed that most of the street vendors are vulnerability to diseases and poor health conditions because they work in poor areas with limited basic health and welfare services and social protection. They also work in an unhealthy and unsafe working environment. Street vendors are also exposed to conflicts among themselves, with urban authorities and with formal traders. During the survey in was noted that in some cases vendors themselves are in conflicts on the space for doing their business especially when one vendor occupy a space which is being used by another vendor. Such kind of conflict is managed the leaders among themselves, however, in case the conflict is not resolved; the Mtaa leaders can be involved in the resolutions. The City authorities have been also in conflicts with street vendors on the ground that, vendors are doing their business in road reserves and areas which are not designated for such activities. As a result, there are many cases wherein vendors are evicted in their work place in the name of 59

90 beautification of the city Formal traders, particularly, those who owned big shops especially in Buguruni area have been in conflict with street vendors due to the fact that their vending activities prevent access of customers to their shops. Such kind of conflict has left the vendors moving from one place to another without having a specific and permanent place for their activities The Preferences of Mobile vendors to new markets The qualitative assessment of street vendor s preference to new market was undertaken in order to ensure that the livelihood of vendors is not adversely negatively affected during the implementation of the project. The assessment shows that about 75 percent of the interviewed mobile vendors in different working place preferred to have a new permanent place where they can do their activities. Vendors working at Ukonga preferred to have a new market place nearby the bus terminal and depot at Guruka Kwalala. The reasons for choosing the area among others include closeness to their place of residence and potential for customers who will be coming from the City centre and will need different requirements before going to their place of living. The vendors in Gongo la Mboto proposed a construction of new market at Gongo la Mboto area. Based on the discussion with vendors, ward and mtaa leaders, there is an area which was previously identified for the construction of a new market for Ukonga vendors, however, the decision was not implemented because of lack of funds to compensate the owners of land and houses who had already shown interest and willingness to release their areas. The area where the land owners have shown willingness to sell their land for the market construction is located at Ukonga ward at Mwembe Madafu mtaa plot Number 14. The owners of the following plots were ready to sell their land for the market establishment:- i. 14/268 ii. 14/267 iii. 14/264 iv. 14/263 v. 14/262 vi. 14/260 vii. 14/265 60

91 The Buguruni and Mnyamani mobile vendors preferred to have a place within the Buguruni market. They proposed an expansion and redesigning of the market by considering vertical extension of the existing market in order to accommodate many traders. Another, alternative market place for the Buguruni and Mnyamani vendors was to be relocated to Tazara market which they believe is not properly used by vendors for which the market was designed too Mobile vendors awareness about the project The assessment of vendors awareness on the project shows a different levels awareness among the vendors. The level of awareness of the project for Ukonga and Gongo la Mboto is relatively high (86 percent) compared to other areas such as Kipunguni at Banana area (58 percent), Mnyamani (63 percent) and Buguruni (64 percent). The high level of the project awareness at Gongo la Mboto and Ukonga was contributed by the valuation of people s properties which was undertaken in Guruka Kwalala area where the bus terminal and depot will be constructed. The relatively low level of awareness about the project might be associated by duration which the vendors have stayed in the area before the survey. As it is indicated in Table 13, some reported to have stayed in the vending area for less than six month, meaning that when the project was introduced during the Environmental and Social Impact Assessment, they were not in the current place of working. In addition, lack of awareness could also be associated with vendor s negligence of not attending the meetings which were organized to introduce the project to the public Street Vendors Views and Concerns The sampled street vendors consulted during the survey had various views and concerns with regard to the proposed development. The details of these views and concerns are provided in Table 17; however, briefly most of the views gathered from the vendors are positive about the project and expect that the project will have a positive impact to the livelihood and economy of the people of Dar es Salaam due to the improved means of transport in the City. 61

92 Table 17: Street vendor's views and concerns S/n Views/Concerns Remarks 01 Many mobile vendors wanted to know how the Government will assist them to make sure that they continue doing their businesses as it is the source of their livelihood. The Government has prepared about 6130 spaces for mobile vendors to conduct business in 25 markets as a way of restoration of their livelihood 02 Mobile vendors proposed the expansion of The idea is good; however, it has Buguruni existing market so that it can financial and technical implication accommodate many business person including vendors which may require many stakeholders for implementation. The idea will be communicated to Municipal authority. 03 Street vendors proposed the establishment of new market at Ukonga banana for the reason that, there is no permanent market from Tazara to Gongo la Mboto. The implementation of the proposal depends on the availability of land and the land use plan for Ilala and Temeke Municipal. 04 Many mobile vendors wanted to know if they will be assisted by the Government to find other place to conduct their business 05 Many mobile vendors wanted to know how the Government will assist them to make sure that they continue doing their businesses as it is the source of their livelihood. 06 They should be informed of the project will start, so that they time to prepare themselves and find an alternative place for their business. 07 What will be the future of Daladala operators if the current bus station will not be working As no.1 As no.1 TANROADS will be responsible to inform the stakeholders through mass media the progress of the project before its implementation. The phasing out of daladalas, which to some extent is already taking place in other routes will be done by way of nonrenewal of SUMATRA licenses 62

93 along those routes, which are issued for a maximum of 12 months. Upon expiry of their license affected operators will be offered different daladala routes to operate. While the fast population growth and rapid spreading of suburban neighbourhoods will create sufficient need to absorb most of this freed capacity. 08 The project good and highly needed because it can help to reduce traffic problems in the City 09 There is a need to have new market close to the proposed bus terminal and deport to enable vendors to sell their commodities to customers at the bus terminal 10 The proposed feeder station should be located at Tanzania Civil Aviation Authority area, where there is enough space to accommodate the feeder station. Source: Field Survey, 2016 The project will also support the Daladala owners by giving them alternative routes up to the feeder station as well as establish companies, cooperatives, or franchises and feeder routes of BRT phases 3 and 4 will be dedicated to be operated by the transformed Daladala companies or cooperatives. The implementation of project and its completion highly depend on the community support in its preparation and construction Land availability is main challenge for the proposal The idea is difficult to implement due to the reason that the proposed area is not appropriate due to security reason and the government plan to the area 63

94 Relocation of informal Vendors Street vending varies in term of scale, timing, location, remuneration, workforce and types of goods sold and services provided. It can be a full-time occupation, a part- time occupation, seasonal, or occasional. It can be carried out by one person but can also be carried by larger group of street business. As mentioned in section most street vendors in Dar es Salaam are mobile in nature relocating from one area to another from time to time. Street vendors may move depending on events in a city, the weather, customers location, especially in bus terminals, the time of day, etc. Currently the Ilala Municipal Council has established open market sites that include Kitunda, Gongo la Mboto, Mombasa, Moshi Bar areas some of which are located within the project area. Therefore informal vendors will be moved and operate in those areas. This will be communicated to the communities along the road during RAP sensitization meetings to be conducted jointly by TANROADS and DART. 64

95 7.0 Policy and Legal Framework 7.1 Introduction Currently there is no specific policy as Resettlement Policy in Tanzania. However, the resettlement in the country is guided by the National Policies and Laws related to land issues. Also the Ministry of Works, Transport and Communication prepared the Road Sector Compensation and Resettlement Guidelines which are adhered to during the implementation of road projects. Prior to the enactment of a framework legislation to govern land issues in Tanzania, there existed various statutes that dealt with land matters. With such multiplicity of statutes, the responsibility for enforcing them were spread over a number of sectoral institutions ranging from national to local authority level. In 1995, the government of Tanzania developed a national land policy to streamline the system of land administration. For those projects funded by development partners, such as the World Bank, the resettlements are implemented in accordance with the requirements of respective Development Partner. 7.2 Policy Framework The Constitution of the United Republic of Tanzania (1977 as amended) In its preamble provides that Tanzania aims at building a democratic society founded on the principles of freedom, justice, fraternity and concord, in which the Executive is accountable to the Legislature composed of elected members and representatives of the people, and also a Judiciary which is independent and dispenses justice without fear or favour, thereby ensuring that all human rights are preserved and protected. The Constitution provides for legislative supremacy of Parliament and independence of the Judiciary. It also embraces the principles of rule of law, separation of powers and a pluralistic political system. The Constitution of the United Republic of Tanzania provides for the rights of citizens to own property and protection of the property. Article 24 (1) says: Every person is entitled to own property and has a right to the protection of his property held in accordance to the law. Sub article (2) prescribe that it is unlawful for any person to be deprived of property for any purposes without the authority of law, which makes provision for fair and adequate compensation 65

96 The National Land Policy (1995) The National Land Policy (1995) provided that a dual system of tenure, which recognizes both customary and statutory right of occupancy as being equal in law be established. The policy further establishes that the land has value, and that land rights and interests of citizens owning land shall not be taken without due process of law and with full, fair and prompt compensation once land is acquired. In principle the Minister responsible for land matters is the sole authority in land issues. But the policy involves the public and private institutions whose functions are associated with land i.e. local authorities, communities, nongovernmental organizations and community based development organizations to participate and co-operate with the minister at different levels during the implementation of the policy and utilization of land. The land policy stipulates that all land is public land, vested in the president as a trustee, and that this should be entrenched in the constitutions. According to the policy, administration of village land is vested in the village councils. Village councils have to consent before any alienation of village land is affected. In case of land allocations, village councils shall report to respective village assemblies. To address the problem of multiple land allocation, and its resultant disputes, the Commissioner for Lands, is the delegated sole authority for administration of land. He may appoint officers to administer on behalf. National Human Settlements Development Policy (2000) The overall goal of the policy is to promote development of sustainable human settlement and to facilitate provision of adequate affordable shelter to all people, including the poor. The policy outlines a number of objectives including the environmental protection within human settlement and protect natural ecosystem against pollution, degradation and destruction with the aim of attaining sustainable development. The policy recognizes the provision and improvement of service delivery infrastructures like roads for improvement of livelihoods and human settlements. The inadequacy of shelter deliver system to cater for urban population has led to an extensive development of squatters and unplanned settlements. 66

97 7.3 The World Bank Involuntary Resettlement Policy (OP 4.12) The World Bank Operational Directive (OD) 4:30 on Involuntary Resettlement and the World Bank Operational Policy (OP) 4.12 on Involuntary Resettlement were consulted while preparing this RAP document. The main features of the World Bank Operational Directive (OD) 4.30 and World Bank Operational Policy 4.12 that have been accommodated in this RAP include the following: i. Involuntary resettlement should be avoided or minimized where feasible, exploring all viable alternative project designs ii. Where displacement is unavoidable, resettlement plans should be developed. The Displaced Persons should be: (i) Compensated for their losses at full replacement cost prior to the actual move; (ii) Assisted with the move and supported during the transition period in the resettlement site; (iii) Assisted in their efforts to improve their former living standards, income earning capacity, and production levels, or at least to restore them. Particular attention should be paid to the needs of the poorest groups to be resettled; (iv) Community participation in planning and implementing resettlement should be Encouraged; (v) Re-settlers should be integrated socially and economically into host communities so that adverse impacts on host communities are minimized; and (vi) Land, housing, infrastructure, and other compensation should be provided to the adversely affected population, indigenous groups, ethnic minorities, and pastoralists who may have usufruct or customary rights to the land or other resources taken for the project. The absence of legal title to land by such groups should not be a bar to compensation. 67

98 7.4 Legal Framework Land Act [1999] Essentially, the land Act, No 4 of 1999 regulates the urban land. For the Tanzania Mainland, the Land Act (1999), Land Regulations of 2001 and government standing Order on expropriation for public utilities prescribes that holders of occupancy rights on land pre-empted for the public works must be compensated and assisted in relocating their assets to the nearest suitable place. Most expropriation disputes, on similar public works, are due to disagreement on the value at which an estate and its improvements are to be compensated. The compulsory resettlement of, farms and businesses premises must ensure at least equal compensation values. Accordingly the expropriated owner must be compensated with a price equal to the value that the un exhausted improvement ( and infrastructure) would fetch if sold on the open market. That value is defined as the cost of acquiring a similar estate and putting up such improvement as those existing when evaluated.allowance is made for the age, state of repair and economic obsolescence. According to Tanzania law, the compensation should cover: (a) Real Property (Buildings) The compensation of real property like building will include: (i) Market value of the real property (i.e. value of un-exhausted improvement and land) (ii) Accommodation allowance (i.e. market rent of the affected building per month multiplied by 36 months) (iii)loss of profit allowance which is assessed by establishing net profit per months evidenced by audit accounts multiplied by 36 months (iv) Disturbance allowance which is calculated by the value of the land by average percentage rate of interests offered by commercial banks on 12 months fixed deposits at the time of loss of interests in land (v) Transport allowance that is the actual cost of transporting 12 tons of luggage rail or road (whichever is cheaper) within 20 km from the point of displacement. 68

99 Real Estate Compensation Rule According to the current applicable legislation in Tanzania, land has a value. The land owners with either a title deed or customary ownership must be compensated in cash for losing the land for other development. The government will simply provide the resettled owner with alternative plots of the same size in the nearest suitable location for both residential and business purposes. The resettled individuals have to buy the alternative plot for resettlement. (b) Farmland Compensation Rule Since the project area is located in the urban area no farmland will be affected. In this regard the farmland compensation rule will not be applicable. Land Acquisition Act No. 47 of 1967 The Land Acquisition Act of 1967 stipulates the power and the procedures for acquiring land and the required degree of compensation. Section 3 & 4 of the acts provide that, the president may acquire any land for any estate or term provided such land is required for public purposes such as for exclusive government use, general public use, any government scheme, development of social services or commercial development of any kind including declamation. According to Section 5, if the President s considers the land in a certain locality to be appropriate, it should be examined for possible acquisition by any persons authorized by the Minister, who may do the following: i. Enter upon and survey any land in such locality; ii. Dig or drill under the subsoil; and iii. Clearly, set and mark the boundaries of the land proposed to be required. The law forbids entrance into any or closed garden attached to dwelling house without first giving three days notice. Any damage that results from activities of the authorized person must be compensated. In case of a dispute on the amount of compensation, the Regional Commissioner will make a decision. Section 6 requires the Minister to give a notice to all interested persons or those claiming to be interested in such land. Section 7 & 8 of the same Act provides for publication of a notice in the gazette to interested persons requiring them to yield up possession of such land and section 9 69

100 forbids a party from being compelled to sell or convey part of a house if he is willing to yield the whole house or building in the process of acquisition. Section 11 (1) provides for compensation by the government to the person whose land is acquired. The president s, with consent of the person entitled to compensation, and may grant public land not exceeding in value of the land acquired, for an estate not exceeding the state acquired and upon the same terms and condition of the land acquired instead of or in addition to any compensation. Section 15 (1) state that, where the President, has entered into possession of any land before the compensation has been paid to the person or persons entitled to the same, or before compensation awarded by a decree of the Court in respect of such land has been paid into the Court, as the case may be, the Minister shall pay to such person or persons, in addition to the compensation, interest thereon at the rate of six per centum per annum from the date when possession is taken until such compensation is paid to such person or persons entitled to the same or is paid into the Court. Compensation Disputes Section 13(1) This deals with issues where any land is acquired and dispute over compensation arises in any of the following matters: i. The amount of compensation; ii. The right to acquire the land; iii. The identity of person persons entitled to compensation. iv. The application of section 12 to the Act; v. Any right, privilege or liability conferred or imposed by this Act; and vi. Appointment of compensation between the person entitled to the same and such dispute or the parties concerned do not settle a disagreement within six weeks from the publication of notice that the land is required for public purposes. According to the section, the Minister or any person claiming interest in land may institute a suit in the court for the determination of dispute. 70

101 Urban Planning Act, 2007 The urban Planning Act, 2007, has repealed the Town and Country Planning Act, Cap 378. Under Section 67, the Urban Planning Act, 2007, states that, compensation shall be paid as provided under the Land Act, Cap 113 and Village Land Act, Cap 114. Section 63 of the Act provides that the value of any land within a planning area for the purpose of determining the amount of compensation payable should be calculated in accordance with the provisions of the land act, Cap 113. This includes temporally development of any land within the planning area unless planning authority gives a planning consent on condition that the value of such temporally development shall not be taken into account for the purposes of assessing any compensation payable to the landholder of such land. Land Use Planning Act, 2007 The provisions on compensation in this Act are to a large extent similar to those of the Urban Planning Act, Section 39 of the Act provides that the compensation to land required will be determined and paid according to the Land Act, Cap 113 and Village Land Act, Cap 114 The Road Act 2007 Part III, Section 16 of the Act addressed the issue of compensation for acquired land for road development. The Section emphasized that, where it become necessary for the road authority to acquire a land owned by any person for the purpose of this act, the owners of such land shall be entitled to compensation for any development on such land in accordance with the Land Acquisition Act (1967), Land and Village Land Acts (1999) and any other written law. The Graveyard removal Act (No. 9 of 1969) Subject to the provisions of this Act under section 3, where any land on which a grave is situated is required for a public purpose the Minister may cause such grave and any dead body buried therein to be removed from the land and, in such case, shall take all such steps as may be requisite or convenient for the re-instatement of the grave and the re-interment of the dead body in place approved by him for the purpose. 71

102 The Land Disputes Courts Act No. 2 of 2002 Every dispute or complaint concerning land shall be instituted in the Court having jurisdiction to determine land disputes in the given area (Section 3). The Courts of jurisdiction include: i. The Village Land Council ii. The Ward Tribunal iii. District Land and Housing Tribunal iv. The High Court (Land Division) v. The Court of Appeal of Tanzania. The Act gives the Village Land Councils powers to resolve land disputes involving village lands (Section 7). If the Council fails to resolve the dispute, the matter can be referred to the Ward Tribunal as established by the Land Act (1999) and the Village Land Act. If any dispute will arise because of this Project, the provisions of this Act shall be observed. 7.5 Road Sector Compensation and Resettlement Guidelines Road construction projects often necessitate the acquisition of land for the purpose s of the road corridor and the road reserve. This may result into the encroachment of land and property, damage to the sites of cultural or personal importance, disruption of sources of income and in the displacement of people. In most cases, the disruption occurs against the wishes of those affected or without their informed consent, despite their status as project beneficiaries. The purpose of the guidelines is to provide a consistent approach in the development and implementation of compensation and resettlement Plan in the road projects implementation. The use of the guidelines is one of the strategies to integrate compensation and resettlement process from the planning phase of the road projects. Land Use and Spatial Planning The Town and Country Planning Ordinance of 1961, which regulates the use of land in urban areas, were established to facilitate land use planning schemes. According to the Ordinance, development is not allowed without obtaining a planning consent. It also provides a specific land-use class for ecologically sensitive areas; The National Land Use Planning Commission as per the Land Use Planning Act 2007 is the institution entrusted to coordinate Land Use Planning in Mainland Tanzania. It covers preparation of regional physical land use plans and formulation 72

103 of land use policies for implementation by the Government. It specifies standards, norms and criteria for the protection of beneficial uses and maintenance of the quality of land. These provisions are relevant to the proposed development considering that its implementation is within a city. There is no single agency in Tanzania that has mandate for the planning and providing resettlement and compensation help in cases where people are involuntarily relocated for development project. It is however agreed in principle that the project proponent assumes the responsibility for delivery of entitlements even though a number of actions may be involved. The Land Act (No. 4 of 1999) the Land (Assessment of the Value of Land for Compensation) Regulations, 2001 The regulations, 2001 of the Land Act of 1999 provides the basis for valuation and compensation of properties by stating that:- i. The interest upon any compensation shall be paid by the Government or the local government authority only where there is no prompt payment of compensation made. ii. For the purpose of computing interest payable upon compensation "prompt payment of compensation" means payment of compensation within six months after the subject land has been acquired or revoked. iii. Where amount of compensation remained unpaid for six months after acquisition or revocation, interest at the percentage average rate offered by commercial banks on fixed deposits shall be recoverable until such compensation is paid. 73

104 7.6 Gap Analysis of National Laws vis-à-vis World Bank Policy The Consultant reviewed the implications of legal rights to property and/or title to the implementation of any possible involuntary resettlement, including compensation packages and eligibility criteria. Tanzania s policies and legislation vis-à-vis World Bank s OP4.12 on involuntary resettlement was reviewed. Any Resettlement Action Plan has to be consistence with Tanzanian laws and World Bank OP 4.12, whichever is more stringent. A gap analysis has been undertaken in order to measure the difference between Tanzanian laws and the World Bank OP 4.12 requirements. Table 18 provides a summary comparison of legal and international requirements and variances with Tanzanian legislation. Where there is a difference between the two, the higher standard will prevail: 74

105 Table 18: Comparison of Tanzania and World Bank policies on Resettlement and compensation Content Tanzania Legislation World Bank OP 4.12 Gaps/Measures Measures Land Owners The Land Acquisition Act 1967, the Land Act 1999 and the Village Land Act 1999 have it clearly that land owners, with or without formal legal rights are entitled to full, fair and prompts compensation. They also get disturbance allowance, transport and loss of profit if they were in actual occupation of the acquired property. Losses of assets are limited to unexhausted improvements, that is, the developments on the land. The law does not cover economic and social impacts of relocation. PAPs are classified into 03 groups (a) those who have formal legal rights including customary and traditional rights; (b) those who do not have form legal rights to the land but have a claim to such land or assets provided that such claims are recognized under the law of the country; and (c) those who have no legal rights to the land they are occupying Land owners of (a) and (b) above, are among PAPs who are entitled to full, fair and prompt compensation as well as other relocation assistance. Socio-economic impacts to PAPs are taken into consideration in preparing the RAP. There is no gap between Tanzania laws and OP4.12 as far as those with formal legal rights and those without formal legal rights are concerned. However, the lost assets in Tanzania are restricted to land and developments on land, and where relevant, loss of profits. The lost assets under OP 4.12 are much wider than land, and include loss of access to livelihoods and standards of living. It seeks to improve them or at least to restore them to predisplacement levels. Compensation at replacement cost will be paid prior to relocation regardless of their legal status 75

106 Content Tanzania Legislation World Bank OP 4.12 Gaps Measures Land tenants/squatters Tanzania laws do not recognize tenants as being entitled to compensation. Squatters may be paid compensation on the whims of the government. In those cases however they are not paid. This includes those who construct on road reserves. Renters and tenants of residential properties are eligible for relocation assistance renters of business are also eligible for relocation and other assistance. In addition compensation for the loss of income during transition. Squatters may fit category (c) above and are provided in resettlement assistance in lieu of the compensation for the land they occupy as well as other relocation assistance OP 4.12 recognizes a wider spectrum of PAPs, including tenants. The Tanzania spectrum is limited to those who can prove proprietary rights. It does not include tenants. OP 4.12 includes squatters among PAPs who are entitled to resettlement assistance in lieu of the land they occupy as well as other assistance to restore their livelihoods plus compensation for assets other than land. This is different from the Tanzania situation where such people are not entitled to any assistance. Tenants both residential and commercial will be assisted Squatters among PAPs who are entitled to resettlement assistance in lieu of the land they occupy as well as other assistance to restore their livelihoods plus compensation for assets other than land. 76

107 Content Tanzania Legislation World Bank OP 4.12 Gaps Measures Land Users Tanzania law on compulsory acquisition and compensation is limited to those who can prove de jure or de facto land ownership and those who have land use rights or customary rights. Illegal users are not covered under Tanzania laws OP 4.12 includes displaced persons who have no recognizable legal right or claim to the land they are occupying. All affected persons should be entitled to some form of compensation whether or not they have legal title. All affected persons are entitled to some form of compensation whether or not they have legal title. Encroachers Persons who encroach on the area are not entitled to compensation or any form of resettlement assistance. Encroachers have to demolish their assets without any compensation, if refuse the authority concerned will demolish at their cost. Encroachers are entitled to resettlement assistance in lieu of compensation for the land they occupy if they occupy the project area prior to the date of the beginning of the census or prior to the date the project area was delineated, whichever date is earlier [OP 4.12, para. 16] plus compensation for assets other than land Those who encroaches the area are not compensated under Tanzanian law. Those who have been in the land before the cut-off date will be assisted as it is indicated in the entitlement matrix of this report. 77

108 Content Tanzania Legislation World Bank OP 4.12 Gaps Measures Timing of Compensation Payment Tanzania law requires that compensation be full, fair and prompt. Prompt means it should be paid within 06 months after the valuation. Where amount of compensation remained unpaid for six months after acquisition or revocation, interest at the percentage average rate of interest offered by commercial banks offered on fixed deposits shall be recoverable until such compensation is paid Displaced person and provided prompt and effective at the full replacement cost for losses of assets directly attributable to the project. In terms of timing, both Tanzanian laws and OP 4.12 require that compensation be paid promptly and before any activities are started in the affected land. This however, rarely happens in practice as can be testified from projects that have involved large scale land acquisition. The compensation schedule will be updated by taking into account the interest rate as required by law. No PAP will be relocated before compensation with interest rate is paid. Legally, compensation for the acquired land does not have to be paid before possession can be taken, but in current practices it is usually paid before existing occupiers are displaced. In practice compensation is not paid promptly most of time, and delays are not rectified paying the interest rate as required by the law. 78

109 Content Tanzania Legislation World Bank OP 4.12 Gaps Measures Calculation of Compensation and Valuation According to the land Assessment of the value of Land for Compensation Regulations 2001 as well as the Village Land Regulations 2001 compensation for loss of any interest in land shall include the value of unexhausted improvements, disturbance allowance, transport allowance, accommodation allowance, and loss of profits. The basis for assessment any land unexhausted improvement for purpose of compensation is the market value of such land. The market value is arrived at by the use of comparative method evidenced by actual recent sales of similar properties; or by the use of income approach or replacement cost method, where the property is of special nature and not saleable. In practice, with land an attempt is made to establish market value from recent sales, but these are usually not transparent. As for unexhausted improvement in terms of and other civil infrastructure, the depreciated replacement cost approach is used. OP 4.12 requires that displaced persons be provided with prompt and effective compensation at full replacement cost for losses of assets attributable direct to the project. Replacement cost is the method of valuation of assets that helps determine the amount sufficient to replace lost assets and cover transaction costs. Depreciation is not to be taken into account when applying this method. For losses that cannot easily be valued or compensated in monetary terms (e.g. access to public services, customers and suppliers, or to fishing, grazing or forest areas) attempts are made to establish access to equivalent and culturally acceptable resources and earning opportunities. Tanzania law provides for the calculation of compensation on the basis of the market value of the lost land and unexhausted improvements, plus a disturbance, accommodation and accommodation allowance, and loss of profits where applicable. Since depreciation is applied, the amount paid does not in most cases amount to that required to replace the lost assets. Besides, other types of assets (besides land) are not taken into consideration. Tanzania laws are restricted to land and developments on land, and loss of profits whereas WB OP 4.12 consider all types of losses and provision of alternative compensation measures. Prompt and effective compensation at full replacement cost for losses of assets attributable direct to the project Depreciation will not be taken into account when applying this method. The compensation schedule will be updated by taking into account the interest rate as required by law. No PAP will be relocated before compensation with interest rate is paid 79

110 Content Tanzania Legislation World Bank OP 4.12 Gaps Measures Relocation and resettlement Tanzanian laws do not provide for relocation and resettlement. However there are the few cases where the government has provided both compensation and alternative land, but this has been done at its discretion. In general, however the government feels that it has discharged its duty once compensation is paid, and it is up to the displaced person to resettle and reestablish themselves elsewhere. OP 4.12 stipulates that where project impacts include physical relocation, measures should be taken to ensure that the PAPs are:(i) provided with assistance during relocation, and (ii) provided with residential housing, or housing sites, or,as required,agriculture sites for which a combination of productive potential, location advantages and other factors is at least equivalent to the advantages lost. Tanzanian law provides for the transport allowance for 12 tons of luggage for up to 12km from the acquired land, provided the displaced person was living on that land. In lieu of housing accommodation allowance is made is made in the form of rent for rent for 36 months. Occasionally, in a discretionary manner alternative land is awarded. PAPs will be provided with assistance such as accommodation allowances (36 months), transport allowance, disturbance allowance and loss of profit for those losing business Completion of resettlement and compensation The government can under the law, take possession of the acquired land at the end of the notice to acquire period, before paying compensation. Current practice however is such that possession is usually after the payment of compensation whereby the displaced persons are given time to vacate the land, which is usually as soon as possible. It is necessary ensure that displacement or restriction to access does not take place before necessary measures for resettlement are in place. In particular, taking of land and related assets may take place only after compensation has paid, where applicable, resettlement sites and moving allowance have been provide to the displaced persons. The land acquisition Act 1967, allows the government to take possession of the acquired land before paying compensation. Current practice endeavours to pay compensation before taking possession of the land. Displacement will take place when the compensation have been paid to all PAPs. Transport allowance will be provided to those eligible No land will be taken without compensation 80

111 Content Tanzania Legislation World Bank OP 4.12 Gaps Measures Livelihood restoration and assistance There are no legal provisions requiring the government to restore livelihood or to provide assistance towards the restoration of such livelihoods. Indeed compensation is not payable in case of restrictions to access to areas of livelihood opportunities. Moreover there are no provisions that require the government to pay special attention to vulnerable groups or indigenous peoples Resettlement plan or policy include measures to ensure that the displaced persons are:(i) 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 (ii) provided with development assistance in addition to compensation measures, such as land preparation, credit facilities, training or job opportunities. There are no transitional measures provide for under Tanzanian law and practice, nor are there provisions for compensation as a result of restriction to access livelihood. The Tanzanian law does not make provisions requiring government to pay special attention to vulnerable groups in the administration of compensation. In addition to compensation measures livelihood restoration and assistance will involve provision of training on entrepreneurship skills to business people and vendors. Encouraging the PAPs to join in Savings Accounts Cooperative Associations in order to get access to credits Consultation and disclosure There scanty provisions related to consultation and disclosure in Tanzania law. The notice, under the Land Acquisition Act, informs land owners about the President s need to acquire their land, and their right to give objections. The Land Act allows displaced to fill in forms requiring that their land be valued, and giving their OP 4.12 requires consultation of PAPs, the host communities and local NGOs, as appropriate. Provide them opportunities to participate in the planning, implementation, and monitoring of the resettlement program, especially in the process of developing and implementing The provisions in OP 4.12 requiring consultation and disclosure have no equivalent in Tanzania law and practice. Opportunities to participate in the planning, implementation, and monitoring of the resettlement program will provided to PAPs 81

112 own opinion as to what their assets are worth. Since resettlement is not provided legally, there are no provisions about informing the displaced persons about their options and rights; nor are they offered choice among feasible resettlement alternatives. the procedures for determining eligibility for compensation benefits and development assistance (as documented in a resettlement plan), and for establishing appropriate and accessible grievance mechanisms Content Tanzania Legislation World Bank OP 4.12 Gaps Measures Grievance mechanism and dispute resolution Under Land Acquisition Act, where there is a dispute or disagreement relating to:(a) the amount of compensation, (b) the right to acquire the land; (c) the identity of persons entitled to compensation; (d) the application of section 12 to the land; (e) any right privilege or liability conferred or imposed by this Act; (f) the apportionment of compensation between the persons entitled to the same and such dispute or disagreement is not settled by the parties concerned within six weeks from the date of the publication of notice that the land is required for a public purpose the Minister or any person holding or claiming any interest in the land may institute a suit in the High Court of Tanzania for determination of OP4.12 provides that displaced persons and their communities, and any host communities receiving them are provided with timely and relevant information, consulted on resettlement options and offered opportunities to participate in planning implementing and monitoring resettlement. Appropriate and accessible grievance mechanism must be established for these groups. The Tanzanian Law does not provide for the establishment of grievance resolution mechanisms specific to particular resettlement cases. Appropriate and accessible grievance mechanism will be established 82

113 the dispute. In practice the Government tries to resolve grievances through public meetings of the affected persons. NB: Therefore, as this is a Bank funded program and the fundamental principles of OP 4.12 must be adhered to. As a result, all land to be acquired or used by the PAPs under this program would be so acquired or used subject to the laws of Tanzania and the Bank OP Where there is a conflict, the Bank OP4.12 must take precedence. The Bank policy would be applied to provide better benefits to the project affected people and restore their livelihoods to those prior to the project or even increase them. 83

114 8.0 Institutional Arrangement for RAP Implementation A number of organizations and institutions will be involved with RAP implementation processes at different levels and times. This section provides a list of all agencies and institutions involved in each step of the resettlement process (preparation, appeals, implementation and monitoring). The experience of the majority of the actors involved seems adequate to the tasks to be carried out and therefore no particular capacity building measures are required. As soon as the RAP is cleared and finalized, TANROADS will formally disclose it to the affected people. For this purpose, TANROADS will organize a number of sessions to PAPs. The sessions will be chaired by the RAP specialist of TANROADS and attended by representatives of the higher territorial hierarchies (Districts and Ward/Mtaa). Adequate display materials will be utilized. TANROADS will prepare the list of the occupants dispossessed by the project, specifying their rights of occupancy and the assessed value. TANROADS in collaboration with the Local Government (i.e. District Councils) will dispatch the dislocation notices to the concerned PAPs. The Ministry of Finance through TANROADS will disburse the compensation funds to the TANROADS Regional office to pay the communities eligible for compensation. To ensure timely completion of resettlement activities, TANROADS and relevant Municipal authorities will facilitate the resettlement process by urging all PAPs to vacate within the time frame that will be agreed between the two parties. This RAP recommends the time not to exceed 30 days after receiving compensation. TANROADS will then authorize the Contractor to start demolition works. The NGO will assist in raising public awareness on resettlement and facilitate local community participation in RAP implementation. Many times, the communities preferred cash compensation since they feel that it will be some sort of improvement in their social welfare. This is through the experience acquired where compensation have been implemented in Tanzania. The overall coordination of RAP activities will be under TANROADS and other institutions and organizations that have the legal obligations to carry out functions related to resettlement and or compensation including various local authorities. 84

115 i. TANROADS will support sensitization of stakeholders on RAP, preparation and monitoring of RAP; ii. Local Government Authorities will sensitize communities on RAP, provide technical support in preparation of RAP, screen and appraise and monitor the implementation of RAP; iii. Communities, from Mtaa, Wards, affected groups as the final owner of land, landed properties and assets to be acquired or affected will be the participants in the process; iv. Independent NGOs /CBOs and other stakeholders will be engaged to witness the fairness and appropriateness of the whole process. The NGOs will be involved in the monitoring of the resettlement process, establishing direct communication with the affected population, community leaders, TANROADS to facilitate the completion of RAP; v. External Audits shall include the evaluation of the implementation of the resettlement action plans in routine annual audits. Without undue restrictions, the audits may include assessment of: Resettlement conditions where relevant; Consultation on compensation options, process and procedures; Adequacy of compensation; and Adequacy of specific measures targeting vulnerable people. TANROADS shall set up Resettlement Committee comprising representatives of key Ministries and a local NGO involved in similar projects. The following committees shall be established at district levels with representation from the PAPS /Wards: Resettlement Committee; - Chair Mayor of Ilala Municipality - Member TANROADS, Dar es Salaam - Member TANROADS, Headquarter - Member Ministry of Lands - Member Member Consultant - Member Representative of a Local NGOs - Member Representative of PAPs 85

116 Compensation Committee; and - Chair TANROADS, Dar es Salaam - Member Ministry of Lands - Member Consultant - Member Two representative of PAP (one representing households and one represent business tenants) - Member Valuer Dispute Resolution Committee. - Chair District Commissioner - Member TANROADS, Dar es Salaam - Member TANROADS, Headquarter - Member Ministry of Lands - Member Valuer - Member Representative of a Local NGO - Member Two representative of PAPs(one representing households and One represent business tenants) 86

117 9.0 Eligibility and Entitlement Tanzanian legislation provides valuation of properties at market values for land, houses and structures affected by a project. However, since the BRT project is to be funded by the World Bank, the Bank's policies and guidelines on compensation and resettlement issues are to be followed. The Bank s policy aims to avoid involuntary resettlement to the extent feasible, or to minimize and mitigate its adverse social and economic impacts. It promotes participation of displaced people in resettlement planning and implementation, and its key economic objective is to assist displaced persons in their efforts to improve or at least restore their incomes and standards of living after displacement. The policy prescribes compensation and other resettlement measures to achieve its objectives and requires that borrowers prepare adequate resettlement planning instruments prior to Bank appraisal of proposed projects. Based on Tanzania s laws, eligibility for compensation is defined in the provisions of the Land Act and the Land Acquisition Act cited in Chapter 5 of this RAP report. According to these laws, all owners of properties located within the proposed project area at the time of inspection and valuation will be eligible for compensation. Notices to claim compensation were served to most owners of affected properties using Land Form No.14. The "cut-off" date for eligibility for compensation and resettlement measures was determined by the date on which these notifications were served. In this case the cut-off date for this project was November 2014, when valuations activities were completed. Prior to implementation of this RAP to accommodate the time rag of almost two years, (as per the land Act, No.4 of 1999, Assessment of the value of land for compensation Regulation 2001). TANROADS will undertake the following: Stakeholders consultations; Verification of all affected properties and census; Update of Valuation Report to accommodate change in replacement costs. 87

118 9.1 Identification of Project Affected Groups /Individuals According to the above laws and policies the affected person(s) (group(s) /individual(s)) are those who lose assets or are denied access to legally designated social economic services as a result of proposed project activities, whatever the extent of loss, lost assets may be land, structures, trees etc. These categories of project-affected individuals/groups were identified through socio-economic study and census. This RAP has taken into account all the project affected persons including those with no legal status such as vendors doing business in the project area. 9.2 Categories of Affected People In line with the Tanzania Law, categories of affected people include: property owners with either legally recognized documents such as certificate of right of occupancy or customary rights. The World Bank OP 4.12 categorizes affected group(s) individual(s) /persons as: a) Those who have formal legal rights (including customary and traditional rights) recognized under the laws of Government of Tanzania; b) Those who do not have formal legal rights to land at the time of conducting census, but have a claim to such land or assets provided that such claims are recognized under the laws of Government of Tanzania; and c) Those who have no recognized legal rights or claims to land they are occupying. Persons who encroach into the project area after the cut-off date as stated above are not entitled to compensation. People who consider themselves to be eligible and are not identified at the time of census will have the right to appeal to district authorities. 88

119 9.3 Compensation All compensation will be at Replacement Cost. To compensate the PAPs for their lost assets, the Project has two options for different payment modalities based on individual s choice and recommendations of the RAP report. These are: Cash payments - calculated and paid to compensate for land, assets, or to cover allowances such as disturbance, accommodation, transportation, loss of profit, In-kind compensation mainly for community/public properties or for PAPs who would opt for such modality. For this particular project all individual PAPs have opted for cash compensation and therefore in-kind compensation will only be for public properties (the Mtaa Office) and part of the costs associated with relocation of graves Compensation for residential structures PAPs loosing residential structures are entitled to the following compensation: i. Compensation of the residential structure according to the type of structure and market value; ii. Compensation of land according to the market value if the PAP owns the land iii. Loss of Accommodation allowance; iv. Transport allowance; v. Disturbance allowance. For tenants that reside in these houses they will receive the following compensation under this RAP. Transport and disturbance allowance a flat rate of 150,000 for each tenant given as transport allowance. This is based on justifications provided in the analysis of methods of compensation in this report. Compensation for commercial structures Therefore entitlements for PAPs losing commercial structures under this RAP will be categorised as follows: 89

120 Loss of Commercial structure owner of business PAPs loosing commercial structures will be compensated the following: i. Compensation of the commercial structure according to the type of structure and market value; ii. Compensation of land where the structure is located according to the market value if the PAP owns the land; iii. Loss of profit allowance; iv. Transport allowance; v. Disturbance allowance. PAPs loosing commercial structures with business that does not have record: i. Compensation of the commercial structure according to the type of structure and market value; ii. Compensation of land where the structure is according to the market value if PAPs owns the land; Loss of profit allowance calculated at 100,000shs per month for six36 months. Disturbance allowance. Loss of Commercial structure tenant with business record i. Loss of profit allowance calculated for six months; ii. Transport and disturbance allowance 150,000; Loss of Commercial structure tenant with no business record i. Loss of profit allowance calculated for six months at a rate of 100,000 per month; ii. Transport and disturbance allowance 150,000; Loss of Commercial structure tenant with business with no records Loss of profit allowance calculated for six months at a rate of 100,000 per month; i. Transport and disturbance allowance 150,000; 90

121 Annexed structures For this RAP Annexed structures will be entitled to the following compensation: i. Compensation of the annex structure according to the type of structure at replacement rate Compensation of land where the structure is according to: if the PAP; owns the land affected; i. Disturbance allowance. Compensation of ATM machine However for the Automated Teller Machines (ATMs) affected by the project, the owner of the house where the Bank has rented will be entitled to the following: i. Compensation of the annex structure according to the type of structure and market value; ii. Compensation of land where the structure is according to the market value if the PAP; owns the land affected; iii. Loss of profit allowance for the ATM (36 months) if the ATM cannot be relocated within the same plot, if it can be relocated then profit for six months iv. Disturbance allowance. Compensation for Permanent trees owned by individuals PAPs losing permanent crops are entitled to the following compensation: i. Compensation of value of each crop/ tree according to the market value and level of maturity; ii. Compensation of land where the crops are grown according to the market value if the land is under the ownership of the PAP; iii. Disturbance allowance. Compensation for Land All PAPs that will lose land will receive the following compensation: i. Compensation of the land according to the market value if the PAP legally owns the land; ii. Disturbance allowance. 91

122 Compensation for public permanent trees In-kind compensation for such loss by planting trees in various parts of the affected municipal including the project area after completion of construction of the project. Compensation for seasonal crops PAPs with seasonal crops will not be compensated for the loss of these assets, however, in order to prevent any financial impact or loss of harvest that mainly includes food crops, notice must be provided to all PAPs with seasonal crops within the Right-of-Way to alert on when to stop cultivating. Once they have been compensated for loss of land. If they have already cultivated they must be allowed to harvest their crops prior to start of construction. PAPs loosing seasonal crops are entitled to the following compensation: i. Compensation of land where the seasonal crops are grown according to the market value if PAP owns the land; ii. Disturbance allowance. Compensation for damage of other Utilities within the project area TANROADS will be responsible for the costs of relocating or replacement of public utilities that will be affected by the project. The relocation costs will be paid to the responsible institutions such as DAWASA, TANESCO, TCRA, TTCL and Mwembe Madafu Development Organization (MMDO). All utilities have to be relocated by the responsible authorities before commencement of the project. The project proponent (TANROADS) should indicate the design of the proposed road and avail the drawings to TANESCO, DAWASA and TCRA and officially request these institutions to provide cost estimates for relocation of its utilities. There should be ample time for relocation exercise in order to implement the project according to its schedule and avoid inconveniences to the users of the infrastructures Also for other public structure like mtaa office, the cost for replacement of mtaa office will be paid to Ilala municipal authority that will be responsible to reconstruction of another office where it will be needed. The compensation of the mosque will be paid to the responsible mosques authority, that will be decided where to construct another mosque. Since the Bank have 92

123 rented a room for the ATM machine, the compensation will be paid to the house owner in losing the structure and loss of business. Compensation for Graves It should be noted that the rates to be compensated for graves will vary depending on developments done on the grave. Compensation will be paid for expenses related to the relocation of graves such as expenses for ceremonies and labour in connection with exhumation and reburial, and any other development. The processes of relocating the graves will be participatory and take into account PAPs cultures and values. Where graves that would be adversely affected by the Project need to be exhumed and reburied at alternative locations, rituals and ceremonies will need to be conducted and must consult respective relatives. For this project, PAPs will be compensated ceremonial cost and cost of relocation; while other costs related to relocation of the grave will be compensated directly to the Ilala Municipal Council to enable relevant authorities relocate the graves. 9.4 Others unintentionally impact These are people or families or even property owners 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 utilities, crops, structures 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 matrix in this RAP. This will be the responsibility of the Developer in collaboration with the contractor and therefore this item should be included in the contract to the project contractor. 9.5 Compensation for Property of Deceased Persons Inheritance of property rights are issues that can result in prolonged redress procedures. Under such circumstances the name of the deceased property owner will appear in the Valuation Report and the inheritors will be advised to follow the legal inheritance procedures while claiming the compensation rights. Mechanisms for dealing with various types of grievances include issues of inheritance that have to be referred to the courts of law for arbitration. 93

124 9.6. Cut off Date The Census cut-off date refers to the date of completion of the census and assets inventory of persons affected by the project. People occupying the area after the cut-off date are not eligible for compensation and/or resettlement assistance. Similarly, fixed assets, fruit trees etc. established after the date of completion of the census will not be compensated. During the initial consultations with all the relevant stakeholders, it was announced that census of inventory will be taken. Details of the census process and the cut-off date were declared during the general public consultation that took place on October to November, It should be noted that as soon as the implementation of RAP is eminent, verification of PAPs, update of budget and any other change will be undertaken according to the Tanzanian Government Guidelines to accommodate delay in implementation of this RAP. 9.7 Assistance for vulnerable groups The census survey has identified 89 affected people regarded as vulnerable people who require special assistance. These PAPs include 55 female who are head of households (among these, 16 are widowed) 10 elderly, three orphans, six with physical disabilities and one with chronic disease. The vulnerable groups will be given extra support during the resettlement exercise where dedicated assistance will be offered in order to ensure that they receive compensation in good time and the resettlement is carried without further suffering. The estimated cost to assist vulnerable groups is Tshs. 17,800, equivalents to Tshs 200, per individual. In addition to this, vulnerable people need to be given first priority in payment of compensation, training for entrepreneurship for those who are involved in small business and employment opportunities during construction. Furthermore, in collaboration with Ilala Municipality, the vulnerable people need to be assisted to get land for establishment of new settlement, assistance with new house construction, including contracting and construction management; assistance with banking and savings) and post-resettlement measures. 94

125 9.8 Entitlement Matrix The principle adopted from the Tanzania Laws establishes the eligibility and provisions for all types of losses (land, structures, businesses, loss of accommodation, disturbance, crops, transport costs resulting from displacement and trees). All affected persons will be compensated at full replacement costs and other allowances. Following the apparent gap in Tanzania laws on involuntary policy and that of the World Bank, this RAP will be aligned with the World Bank Operation Policy which indicates best practices for rehabilitation of livelihoods of people affected by the implementation of the project. The Bank s policy will be applicable because: i. they are involved in the funding of the project and, ii. Its policy best fulfil the pro-poor objectives of the projects, ensuring that the conditions of PAPs are preferably improved or at least restored to pre-displacement levels as well as offers special considerations for vulnerable and landless PAPs. Based on the identified impacts in the project, the relevant provisions in the Entitlement Matrix for PAPs of the Tanzania Central Transport Corridor Project (CTCP) Phase 3 is presented in the Table

126 Table 19: Entitlement matrix for the PAPs under the BRT Phase III project Type of Loss Loss of residential structure Loss of commercial structure Loss of permanent crops and tree Public/community structures Unit of Entitlement Compensation for Lost Assets Household Compensation at Replacement Cost of structure and affected land Tenants Enterprise owner Compensation at Replacement Cost of structure and affected land ENTITLEMENTS Transport Allowance Moving 12 tons of goods for a 20 km. Distance Moving 12 tons of goods for a 20 km. Distance Tenant - Allowance to enable them relocate (estimated at 150,000shs per tenant household) Individual PAP Compensation of N/A crops at market value and value of affected land Public/Municipal Council Concerned public or private entity Compensation at replacement value or Other Assistance Disturbance Allowance (calculated at 8% of total compensation cost) Accommodation allowance (36months rates) Allowance to enable them relocate (estimated at 150,000shs per tenant household) Provide early information to tenants to allow them vacate (6 months notice) Disturbance Allowance (calculated at 8% of total compensation cost Loss of profit allowance (36months rates) Disturbance Allowance Loss of profit allowance for Six months Disturbance Allowance (calculated at 8% of total compensation cost) - - In kind Compensation by TANROADS Moving 12 tons of goods for a distance of Disturbance Allowance (calculated at 8% of total compensation cost) 96

127 Concerned public or private entity payment of relocation and replacement costs of alternative structure or alternative site by agreement with responsible institutions In-Kind compensation by constructing the affected structure and in-kind for alternative land Loss of Land Household /Public Compensation at Market value 20 km. Moving 12 tons of goods for a 20 km. Distance( a structure is involved) N/A Disturbance Allowance (calculated at 8% of total compensation cost Loss of graves Household/ Public 500,000shs will be paid to Ilala Municipal to relocate the graves Loss of annex structures to be relocated on the same plot. Loss of annex structures to be relocated on the same plot. Encroachers /Commercial PAP owner Compensation at replacement value of structure and affected land PAP owner Compensation at replacement value of structure and affected land Permanent structures Compensation at replacement value of structure NOT land - PAPs will receive 300,000 Tshs as disturbance allowance - Loss of profit if the annex affected is a commercial property - Loss of profit for six months if the annex affected is a commercial property but can be located within the same site Loss of profit of six months - Disturbance allowance Early notification to enable PAP 97

128 Vulnerable groups who are classified as: Poor Elderly Women-headed households and chronically ill Persons who need special assistance Street vendors (informal without title or lease to the stall or shop) Mobile Vendors Stalls / Tables Mobile Kiosks Entire structures/ land (with crops/trees are totally affected or partially affected Compensation at replacement value of structure and affected land of 100,000 Moving 12 tons of goods for a 20 km. Distance relocate 3 months notice Fair cash compensation will be made for any asset affected, which for structures are merely partly affected and do not entail relocation of the owners who some are the poor and vulnerable PAPs to new plots and thus, their livelihoods will not be jeopardized. Additional allowance to be provided to elders, female headed households and orphans. Provision of special assistance and/or medical care, during the resettlement 98

129 10.0 Methods of Valuing Affected Assets and Compensation Payments 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 Operational Policy 4.12 on involuntary resettlement which requires that compensation is paid based on the full replacement value (not depreciated) of an asset. In order to meet the requirements for a RAP consistent with the Bank, the valuations have been done in compliance with Bank s policy guidance as detailed in the terms of reference that the compensation value is obtained from the Replacement Cost added with allowances as well as ensuring that the displaced persons entitlement includes: i. Relocation or loss of shelter; ii. Moving allowances during relocation; iii. Loss of assets or access to assets; iv. 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. 99

130 The valuation also considered the following allowances as part of the valuation procedure: i. Transport Allowance: Section 179 subsection 11 of the aforesaid Land Act (1999) directs how this allowance is to be assessed: Transport Allowance shall be the actual costs of transporting twelve tons of luggage by rail or road (whichever is cheaper) within twenty Kilometers from the point of displacement (i.e. Transport allowance = 12 tons x Actual Cost/ton/km x 20km). Transport allowance is computed on the basis of prevailing market rates within an area and is paid only to PAPs with occupied residential/commercial structure. For this project transport allowance was calculated by considering the actual cost of transporting 12 tons of luggage by 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 For this particular project transport Allowance was computed on the basis of prevailing market rates within an area. It is the average cost of transporting 12 tons over a distance of 20km. Based on experience from similar projects, establishing the weight of each PAP s belongings is not an easy task and is likely to lead to inconsistencies which may be a source of complaints. Therefore, the best option was to adopt a system of paying a flat transport allowance rate of TShs. 625/= per ton per km. This rate was arrived at after carrying out inquiries on owners of mini trucks in Dar es Salaam on the current rates charged for transporting 12 tons within a distance of 20 Kms, hence a flat rate of Tshs 150,000 were adopted to provide for transport allowance. ii. Loss of accommodation: Section 179 sub-sections 8 of the Land Act (1999) stipulates how accommodation allowance is to be arrived at:-the market rent for the building shall be assessed and multiplied by 36 months in order to arrive at accommodation allowance payable. (i.e. Accommodation allowance = Rent/p.m. x 36 months). Accommodation allowance shall be paid only to PAPs loosing occupied residential structures. 100

131 iii. Loss of Profit: This is provided under Section 179 subsection 9 of the Land Act (1999) inter alia: The net monthly profit of the business carried out shall be assessed, evidenced by audited accounts where necessary and applicable and multiplied by 36 months in order to arrive at the loss of profits payable. (i.e. Loss Profit = Net profit/p.m. x 36 months). Under this RAP, the owners of businesses will be compensated for the loss of profit regardless of having an audited account, but rather research by the valuer. Since most of the PAPs have no audit records for their businesses, the loss of profit for nonaudit accounts were based on income paid to TRA, under the assumption that the business turnover is between million. Where the income paid is 318,000 and the monthly profit is approximately 100,000/- iv. Disturbance allowance: is payable as a percentage of property valuation in compliance to the provisions of Act No 4 of The percentage is the average commercial bank rates offered on fixed deposits during 1 year. 101

132 10.1 Livelihood Restoration The main objective of this RAP is to ensure that livelihoods are improved or restored to predisplacement levels. Compensation for affected land and property will therefore seek to facilitate full and smooth recovery without exposing the PAPs to vulnerability and this applies to people who are not just physically displaced but who are affected by loss of land, property and source of income that directly affects their livelihood. Apart from compensation measures as stipulated by Law and shown in the entitlement matrix, TANROADS will prepare and submit to the World Bank for non-objection a Livelihood Restoration Plan prior to RAP implementation to ensure livelihood restoration of PAPs who require such assistance, example shop owners, mobile vendors, etc. These will include training/retraining programs, access to small business loans and advise among other possible actions. The PAPs will also be encourage and supported to take up available employment opportunities that will be created by the implementation of the CTCP phase 3 during the construction of the proposed infrastructure. In addition, the Dar es Salaam TANROADS manager in collaboration with Ilala municipal Council will identify areas for vendors to undertake their business. The contractors will be encouraged to hire, especially the manual labourers from the affected communities. This will facilitate additional income that will support the PAPs with relocation and or construction of new settlements Payment Timing Compensation payments should be promptly paid out within reasonable time and not severely delayed. OP 4.12 requires that all compensation and resettlement assistance be provided prior to impact. Pursuant to Regulation 13 of the Land (Assessment of Value of Land for Compensation) 2001 provides that the Interest upon any compensation must be paid by the Government or local authority only where there is no prompt payment of compensation made. The Regulation defines prompt payment to mean payment of compensation within six months after the subject land has been acquired or revoked. Therefore any delay in implementation of this RAP shall take in consideration provisions of this Regulation. 102

133 10.3 Land Market Value The market value of the land being acquired is used as the determining factor in calculating compensation. Displaced persons may find it difficult to acquire comparable land with the compensation money because of limited land market/higher value of land in the relocated area, where prices can double or even triple almost overnight. In addition, the costs for relocating, transporting, salvaging building materials, and so on can put financial strain on the re-settlers. Since, the majority of affected persons have opted for cash compensation, it is important to ensure that the compensation package consider the current land market value to enable the PAPs to buy new land. The update of this RAP will ensure compensation of land is at Replacement Cost to enable PAPs buy alternative land for relocation in the vicinity of the project area. 103

134 11.0 Environmental Protection Construction related activities over the world, generally cause some alteration to the bio-physical and social environment. The proposed BRT project roads is not an exception and will involve land preparation in form of vegetation clearance, cut and fill in the area to receive permanent carriage way, then construction of the road structure and supporting drainage facilities and later road furniture The environmental impacts likely to be caused by proposed project roads and its mitigation measures are shown in Table 20. Table 20: Environmental impacts and the proposed measures Impact Mitigation measures Mitigation measures during pre-construction phase Displacement of people and properties currently on the ROW Relocation of infrastructures and disruption resulting from relocation (e.g. Water pipes) Construction activity may lead to influx of construction labours Valuation and compensation in places where properties cannot be avoided or left intact Roads alignment to follow much of existing roads to avoid relocating more of the properties Structures outside the construction width but within the road reserve may be left intact during the initial stages but with time they will need to be relocated to pave way for future expansion of the road if required Communities shall be informed in advance regarding storage of water when their utilities are about to be relocated to pave the way for road works. Water pipes located/crossing in the right of way (road reserve) may be moved slightly away from the road or provision of service duct may be considered Dar es Salaam is a big city and most of the labour resources are available in the city It is not envisaged that human resource will be hired from outside Dar es Salaam. Most of the labour force both skilled and unskilled will be coming from their home. In a situation where camps will be required, all basic amenities like water supply, public toilet etc. shall be provided. Priority of works will be given to laborers from the vicinity of the project e.g. (Ilala, Kinondoni,Ubungo and Temeke Districts) NB: further addressed in the Social Management Plan 104

135 under the ESIA of this project Mitigation Measures for Negative Impacts during Construction Phase Interference on drainage patterns Landscape scarring especially at material borrow sites Loss of Vegetation through clearance to improve access Protect existing water channels feeding water the Indian Ocean Box culverts or long span bridge should be provided to avoid disturbance and/ or obstruction of water Borrow materials to be collected from existing borrow areas such as those currently used for road construction or new ones opened on agreement with the respective communities. Reinstatement of all borrow areas as close as possible to the original site condition Once these borrow pits are no longer in use, they will be backfilled with the spoil. Steep edges of these pits will be smoothened to avoid posing risks to neighboring community. Also borrow pits sides will be landscaped after work completion. In case respective communities request that these pits are left to collect storm water runoff for other uses, then some works on the edges to obtain less steep slopes shall be carried out in agreement with the community. Detours and diversions during construction should be provided where necessary and within the road reserve. Temporary projects infrastructure (borrow pits, access roads, road upgrading camps, stockpiling areas) should avoid woodlands and wetlands. Vegetation clearance for temporary infrastructure should be limited to the minimum. Areas cleared of vegetation should be re-vegetated to prevent soil erosion. However, plants and grasses for re-vegetation should be sourced within the project area to avoid introduction of exotic species. Re-vegetation is only possible given suitable ground conditions (soils, slopes, drainage) moisture, and protection from destruction. Clearance of the vegetation should be limited to the core area of the project. In this case the diversions to accommodate traffic should be established within the ROW i.e. within the road reserve not beyond 60m from the ROW. The topsoil and cut trees removed during construction of the pavement of the roads should be stored and be used later to rehabilitate the diversions later, so as to allow the natural vegetation to re-colonize the area. 105

136 Soil erosion and blockage of storm Water channels Poor Air quality due to emissions and dust Ambient Air and noise pollution All road diversion should be closed when they are no longer in use, to allow the vegetation to recover. Landscaping and planting of vegetation should be done on disturbed surfaces as a compensatory measure, Earthworks should be controlled so that land not required for road works is not disturbed Carry out works during the dry season to prevent soil from being washed away by rain. Excavated materials to be kept at appropriate places Drainage structures should be properly installed to avoid scouring Adhering to specified cut and fill gradients and replanting embankments with flat growing grass that will reduce erosion and enhance soil stability especially on embankments. Areas cleared for improving sight distances should be replanted with grass to control erosion Water sprinkling to reduce the dust at construction site and near settlements. Sprinkle water twice a day or more when visual inspection indicated excessive dust and during heavy traffic Use of dust masks to operators and those working in dusty areas. Use of goggles for operators Construction machines/equipment shall be well maintained to ensure total fuel combustion. All the vehicles shall be frequently checked and serviced during the whole construction period so that the level of exhaust emissions is reduced Movement of vehicles should be kept to minimum necessary for completing the job Cover all trucks hauling materials particularly sand Limit the speed of the vehicles to 40 kph or by placing speed bump especially in busy areas Where the noise levels is beyond 85 db (A), ear muffs or plugs shall be provided to all those working within the construction equipment area including the operators. Equipment shall be well maintained or fitted with noise silencers such as mufflers. Select a site for machinery not too close to residential premises During construction at site, the contractor should only work during the normal hours (especially activities involving noise) so that the residents living along the project road are not disturbed during sleeping and resting 106

137 hours. Provide a noise monitoring meter at noise sites Control the speed of road construction equipment in residential areas Pollution due to Solid and Liquid waste Generation Dispose the spoil materials into the numerous borrow pits located along the project road before they are restored. Sort waste according to their type and quality. Decomposable waste can be buried on sanitary landfills and recyclable materials can be sent to the recycling stations such as used spare parts and written off or wornout construction equipment and spare parts can be sent to foundries where metal scraps are melted to produce other materials such as reinforcing metal bars, hoes, machetes etc. Encourage and reward employees who show good practice of solid waste management. Ensure that all machinery working on site are not spilling lubricants, No refueling or repairing the machinery within 75m of the water source Use drip pans when leakage is noted on any standing machinery. Ensure all waste water is treated to meet the discharge limits Depletion and pollution of water resources The contractor is responsible for identifying his water sources for construction requirements on the project area. Avoid using water from environmentally sensitive areas; Avoid digging the riverbanks; Use pipe system to extract water from the river Locate the pipe intake in deep water (2m) and 500m from sensitive habitat; Avoid using the 75m protection zone along the water course with machinery (pumps and tankers) In case of oil pollution stop construction activities, and use oil booms to recover the pollutants before they disperse into the river, site (riverbank, swampy areas Dismantle piping system and restore the site (riverbank, swampy areas) immediately after completion of the work in that area. Avoid washing construction equipment at the intake or near the water source. Water and soil contamination Repair all construction equipment to avoid fuel and oil leakage No re-fueling of construction equipment shall be carried out within 100m of the water sources 107

138 Avoid washing construction equipment near water sources Construction equipment service bays shall be provided with berms to avoid spills from being washed away to the water sources. Increase in traffic accidents The contractor shall prepare and install warning signs along the projects roads requiring the vehicles to reduce the speed, Install speed humps at all settlements along the project roads Conduct information and education campaign for drivers and the communities along the project roads Traffic police from Traffic police stations should perform regular patrols at different locations along the project roads during the construction and operation phases to check speeds and the effectiveness of the road safety campaigns Delays in Transportation Traffic management shall be put in place including itineraries for the site traffic on daily basis Prepare and install temporary traffic signs that are legible both during the day and at night indicating that the road works are in progress Contractor should always set aside an alternative detour/route to avoid misunderstanding with those on emergency trips. Mitigation Measures for Negative Impacts during Operation phase Soil erosion on slopes and embankments Landscape scars at unrehabilitated Quarries and borrow sites Soil control measures on the slopes such as re-vegetation with flat growing grass particularly with the local species Introduce Vetiver grass in control of soil erosion. Vetiver grass has proved success in controlling soil erosion thus ideal for protecting the embankments. Reinstatement of all borrow sites with top soil then revegetation with local species of flat growing grass type Borrow pits to be used as water points shall equally be reinstated and trimmed to have gentle side slope Reduced air quality from increase in traffic Exhaust emissions must be controlled for vehicles that shuttle the project road Edges, trees must be planted along the roads to assist in capturing emissions (particularly carbon dioxide) BRT buses shall convert to use of Natural gas in the wake of huge discoveries of natural gas in southern part of Tanzania Road carnage Traffic police should be spread to all places for control of speed 108

139 Generation of solid wastes at depots and workshops Generation of liquid wastes in depots and workshops Environmental pollution especially by passengers travelling by bus along the road Speed humps at all strategic places including all busy places. Enforce speed limits Road signs properly installed and maintained Traffic rules sensitization in schools and communities along the road. These environmental problems can be minimized with good design of the waste collection facilities, proper maintenance and good discipline among employees and good housekeeping. Sort waste according to their type and quality. Decomposable waste can be buried on sanitary landfills and recyclable materials can be sent to the recycling stations such as used spare parts and written off or wornout buses can be sent to foundries where metal scraps are melted to produce other materials such as reinforcing metal bars, hoes, machetes etc Good design of on-site waste water treatment facilities including oil skimming tanks Ensure discharge permits are obtained from the basin water office Construction of toilets (e.g. septic tank system) at stations, terminals and depots to avoid pollution of water and dangers to road users. Introduction of dust bin within the DART buses in order to prevent improper garbage disposal and solid waste resulting from take away habit disposal along the roads Design a proper program for ensuring cleanness Source: Environmental and Social Impact Assessment for the Proposed Design of 42.9km Bus Rapid Transit System for Phase 2 and 3 in Dar es Salaam City Prepared by Kyong Dong 109

140 12.0 Implementation Schedule Right after the investment for the project is approved, the PAPs in the project affected areas will be informed, again, of their rights, policy of this RAP, including legal framework, eligibility provisions, entitlements, rates and mode of compensational assistance, implementation timeschedule and complaint and grievance redress mechanism. Such information will be delivered to PAPs through community meetings, pamphlets and mass media announcement such as radio, television and newspapers. The proposed RAP implementation schedule is as follows: The RAP implementation schedule as illustrated in the table 21, covers all resettlement activities from time of preparation to implementation. The table illustrates an arrangement for implementation of RAP activities in a chronological order. It also indicates responsible agency per each activity to be accomplished under RAP implementation. 110

141 Table 21: Implementation schedule Activity Timeframe (Year/Month Implementing agency O N D J F M A M J J A S O N D Updating and approval of RAP and valuation reports Approval of compensation schedule by the Ilala District and Dar es salaam Regional Commissioners Consultation meeting with the PAPs to inform them on scheduled activities and their roles to accomplish the RAP and Compensation Disclosure of entitlement Compensation and other resettlement measures to eligible PAPs Assistance to vulnerable PAPs TANROADS and Ministry of Land, Housing and Human Settlement Development Ilala District Commissioner and Dar es Salaam Regional Commissioner TANROADS, Resettlement Committee and NGO TANROADS and WB TANROADS, Resettlement Committee and NGO TANROADS Undertake baseline checks, claims, conflicts, disputes and all sorts of grievance resolution TANROADS Grievance Committee and Redress 111

142 Notification to vacate the Right of-way (RoW) Commencement of construction works and monitoring of RAP issues on operational basis Review of RAP activities and updating valuation of unforeseen properties. TANROADS TANROADS Independent Monitoring Consultant TANROADS 112

143 12.1 Resettlement Implementation and Commencement of Construction Before any construction activity is implemented, PAPs will need to be compensated in accordance with this RAP. The project activities involve land acquisition, and for that reason, it is further required that these measures include provision of compensation and of other assistance required for relocation, prior to displacement and or relocation. In particular, the taking of land and related assets may take place only after compensation has been paid and, where applicable and moving allowances have been provided to displaced persons. For project activity requiring relocation or loss of shelter, measures to assist the PAPs are implemented in accordance with this RAP. The timing mechanism of these measures will ensure that no individual or affected household will be displaced due to construction works before compensation is paid to the individual or household affected. The schedule for the RAP implementation and construction works is shown in Table 22. Table 22: Master plan for implementation of BRT projects phase 3 TIME S/n Activity Duration Start Finish 1 ESIA,RAP the valuation report approval and disclosure 2 Detailed Public Consultation with PAPs & Key stakeholders Oct Nov Nov Sep Approval for budget for relocating utilities 07 9-Dec Dec Revision of the Grievances Redress Committee 5 Earmarking and notification for utilities to be relocated Jan Apr Apr May Site Verification 27 1-Feb Feb Supplementary Valuation & payment of compensation Mar Aug Receiving and working on complaints 95 6-Mar Jun

144 9 Land Acquisition notice of the COI clearance Sep Oct Procurement of Consultant Jun Jan Consultancy Services for Pre-Contract Services & Design Review 90 9-Feb May Procurement of the Works Contractor May Jan Mobilization for execution of the Works Feb May Construction of Works 1095 tr 21-Feb Monitoring and Evaluation of the ESMP Feb Feb Defects Notification Period Feb Feb-2024 Source, TANROADS Office Headquarter,

145 13.0 Costs and Budgets The RAP budget has been determined for the land parcels, structures, businesses, crops/ tress, public infrastructure and utilities affected by the Proposed Tanzania Central Transport Corridor Project (CTCP) Phase 3. Taking into account all factors, the compensation for land, structures, loss of business, crops/trees and public utilities to be affected during the Proposed Tanzania Central Transport Corridor Project (CTCP) Phase 3 is Tshs. 18,131,451, (Tanzanian Shillings Eighteen Billion One Hundred Thirty One Million Four Hundred and Fifty One Thousand Eight Hundred and Thirty One), broken down as given in Table 22. Refer to Annex 1 for the list of PAPs and the Valuation Tables. The Government through TANROADS will finance public infrastructure and utilities through Ilala Municipal Council and responsible institutions for the replacement of affected utilities. Table 22: Summary of Valuation Report: Components and Compensation Costs Gongo la Mboto Bus Terminal & Depot Components Quantity unit Compensation Costs Building Value 242 Structures 8,261,517, Land value 49,519.68m² 2,370,072, Crop value 601 (crops and trees 14,607, Accommodation allowances 1,598,940, Transport Allowances 34,650, Disturbance allowances 812,747, Loss of rental income 298,260, Disturbance and transport allowance for 37 19,500, business tenants Disturbance and transport allowance for ,400, residential tenants Grave removal allowances 10 8,800, Local government office 01 42,000, Water, traffic lights, electricity and telecommunication infrastructures The costs is moved to contractor Assistance to vulnerable people 89 17,800, Sub Total A 13,532,294, Along Nyerere Road, Uhuru Road and Kawawa Road Building Value including fence/wall 10 structures 276,467, Land value - 3,693.8m² 261,130, Transport Allowances 450, Disturbance allowances 19,506, Loss of rental income 7,373, Shifting of vendors movable assets 10,000,

146 Sub Total B 574,926, Warehouse and Factories- (Sungura Textile Plot) Land value 51,877m² 2,593,850, Disturbance allowances 207,508, Loss of rental income 51, Sub Total C 2,801,409, Compensation costs for a Holdout at Gongo la Mboto Bus Terminal and Depot Structure /unexhausted improvements value 05 structures 147,110, Land value 1,173m² 127,610, Crop value 01 crop 240, Disturbance allowance 21,977,656 Loss of profit 00 Accommodation allowance 24,080, Transport allowance 400, Disturbance and transport allowance for , residential tenant Sub Total D 321,618, Facilitation for RAP Processing and Implementation RAP report approval fee 50, Valuation/approval fees paid to the ministry 0.01% of the total 1,000, of land compensation budget Facilitation Fee (Regional Commissioner s 1,400, office Facilitation Fee (District commissioner s 750, office Facilitation for RAP implementers 15,000, including grievance redress committee Internal Monitoring and Evaluation 20,000, Sub Total E 38,200, TOTAL A, B, C, D, and E 17,268,049, Contingency (5%) 863,402, GRAND TOTAL 18,131,851, Source: Valuation Report and Compensation Schedule undertaken by Kyong Dong Engineering Co., Ltd. in association with Ambicon Engineering (T) Limited, 2015 and Independent consultants, 2016 Note: current exchange rates: 1USD= 2170 Tanzanian shillings) 116

147 Note: Facilitation fees covered in this RAP budget are not mentioned in any institutional regulations but rather formalities within government institutions to cover various costs (allowances, office use and taxes) Statements of financial responsibility and authority The Government of Tanzania under the Ministry of Finance and Planning through TANROADS will be responsible for all financial matters concerning the project implementation including RAP implementation Sources of funds and the flow of funds The main source of fund for executing this RAP will be the Government of Tanzania through the Ministry of Finance and Planning and TANROADS. The fund will be sourced from the TANROADS which will be responsible for effecting payment to eligible PAPs through a reliable commercial Bank or cash money depending on government directives during the implementation of this RAP Specific mechanisms to adjust cost estimates by the inflation factor When exercising compensation payments, there arise some issues regarding inflation, security and timing that must be considered. Market prices will be monitored within the time period that compensation is being made to allow for adjustment in compensation values. In certain cases, providing in-kind compensation is purposely done to reduce inflationary pressures on the costs of goods and services, which will not be the case for this sub-project. However, local inflation may still occur. 117

148 14.0 Grievances Redress Mechanisms 14.1 Introduction Grievance redress mechanisms are necessary avenues for allowing affected persons to voice concerns about the resettlement and compensation process as they arise and, if necessary, for corrective action to be taken promptly. Such mechanisms are important to achieving transparency in the acquisition and resettlement processes. Arising from the above observations, the Consultant proposes that all the grievances be addressed before commencing construction and that where all or significant part of the land is acquired requiring that displaced persons be resettled elsewhere, resettlement land should be sought within the local area and the affected communities be given an assurance of deserved consideration. Therefore, taking the complexity of resolving disputes and grievances into account, all grievances will be addressed expressively and amicably through mediations at the lower level government offices and existing committees. This will ensure, the affected person does not travel long distances or incur advocacy costs 14.2 Potential Sources of Grievances Potential grievances and disputes that arise during the course of implementation of the resettlement and compensation program are often related to the following issues: i. Inventory mistakes made during census survey as well as inadequate valuation of properties; ii. Mistakes related to identification and disagreements on boundaries between affected individual(s) and specifying their land parcels and associated development; iii. Disagreements on plot /asset valuation (e.g. inadequate compensation); iv. Seizure of assets without compensation; v. Divorces, successor and the family issues resulting into ownership dispute or dispute share between in heirs or family; vi. Disputed ownership of given Assets (two or more affected individual(s) claim on the same); vii. Where affected individual(s) opt for a resettlement based option, disagreement on the resettlement package (unsuitable location of the resettlement site); and viii. Problems related to the time and manner of compensation payment. 118

149 14.3 Sensitization on Grievance Redress Mechanism The PAPs were sensitized to the process of grievance redress mechanisms in various forums. These include the following: i. Census Survey - The first forum was during the census survey where majority of the PAPs wanted to know why the RAP Study teams were administering questionnaires and measuring sizes of their structures. It was elaborated that the proposed project will affect their land and structures and there will be a process of valuation (determining cost of land structures affected) for compensation after valuation has been done. Where project affected persons do not agree with the valuation there will be mechanisms for lodging grievances) ii. Consultation Meetings During the Consultation Meetings conducted at the various centers, the PAPs were sensitized on the process of land and structure valuation for compensation determination and grievance redress mechanism should there be a need to lodge a complaint on the determined values or resettlement plan Proposed Grievances Procedures In projects that require relocation and resettlement of people and loss of property and livelihood, grievance redress mechanisms are essential tools. These mechanisms allow the affected people to voice concerns about the compensation and resettlement process. The project proponent is hence expected to take corrective action to address these grievances in consultation with the PAPs and other stakeholders. Such mechanisms are fundamental to achieving transparency in the resettlement process. During the resettlement process, all disputes will be referred to TANROADS who may handle the grievance straight away or refer it to the PAP committee who will be asked to provide recommendations as to how it is to be addressed. If deemed necessary by the PAP committee the case will be re-investigated and depending on the nature of the issues, referred to the district, regional and take some legal measures. The mechanisms for grievance management and redress mechanisms are to be affordable and accessible and third parties independent of the implementers should be available at the 119

150 appropriate point in the process. The grievance procedure will be simple, administered in the first instance at the local level to facilitate access, flexibility and open to various proofs taking into account the need for speedy, justice and fair resolution of their grievances. The process suggested for resolving the grievances is presented in Figure 6. Dissatisfied PAP declares the grievances at Mtaa level Project proponent (TANROADS) Reviews the grievances and refers the case to PAP committee at Mtaa level who are to respond within 2 weeks from the submission to respond Grievance Addressed No Action Required If the PAP is not satisfied with step ONE decision, the case shall be forwarded to the land Dispute committee at Municipal level. Grievance Resolved No Action Required If the PAP is not satisfied with step TWO decisions Regional Secretariat for final amicable solution or to refer the case to the Judiciary. Grievance Resolved No Action Required LEGAL REDRESS Figure 6: Chart showing grievance redress mechanism 120

151 14.5 Grievance Redress Committees There are two committees which will be involved in redressing grievances arising from the PAPs in the project area; i. Mtaa Grievance Redress Committee (MGRC) and, ii. District Grievance Redress Committee(DGRC) Composition of MGRC i. Mtaa Chairperson, ii. Mtaa Executive Officer (MEO), iii. Representative from the PAPs, iv. Community Development Officer from the Ward, v. Representative from NGO to be identified In order to ensure that PAPs are well represented in the Grievance Redress Committee, TANROADS in collaboration with Mtaa and Ward authorities will organize a meeting of all PAPs that will nominate their representatives in the GRM. It is important to ensure that the nomination of PAPs representatives take into account the issue of gender representation. Composition of DGRC i. District Commissioner Chairman ii. District Land office- Member, iii. District Valuer iv. RAP Implementing Agency Member v. PAP representative/ local NGO- Member vi. Representative of TANROADS- Member 121

152 15.0 Monitoring and Evaluation 15.1 Internal Monitoring The proponent (TANROADS) will conduct regular internal monitoring of the resettlement performance of the operation through the Resettlement committee which will be responsible for implementing resettlement and compensation activities and monitor its efficiency. The objective of internal monitoring and supervision will be: i. To verify that the valuation of assets lost or damaged, and the provision of compensation, resettlement and other rehabilitation entitlements, has been carried out in accordance with the Tanzania government and World Bank requirements for involuntary resettlements ii. To oversee that the RAP is implemented as designed and approved; iii. To verify that funds for implementation of the RAP are provided by the Project authorities in a timely manner and in amounts sufficient for their purposes and that such funds are used in accordance with the provisions of the RAP Responsibility The RAP Implementation Committee shall be charged with the task of monitoring and evaluation of the PAPs since they would be familiar with the various variables in the project area. It will therefore be enlisted to continue the post project evaluation system and conduct actual monitoring and reporting. The Committee shall periodically provide the Proponent with collected data for report preparation Performance Monitoring Successful project management requires the ongoing monitoring of performance in order to generate data by which to judge the success or otherwise of a project. The data generated relates to the indicators to be monitored. It can be qualitative or quantitative in nature depending on the parameter being monitored. The data will be collected on a regular basis and accumulated. It is then analysed and presented appropriately. 122

153 15.4 Impact Monitoring The project will generate both positive and negative impacts; social monitoring is envisioned as an important process in the implementation of RAP. The monitoring program will reveal changes and trends brought about by the presence and operations of the project. Such information will be useful in the formulation of sustainable project management and operation strategies. The basic activities for a sound-monitoring program for the project once it starts operating should at least include the following parameters: i. Quality of life of the resettled persons ii. Change in health trends of persons affected by the project iii. Availability of socio-service of the resettled persons 15.5 Monitoring and Evaluation Indicators The main internal indicators that will be monitored regularly: i. That TANROADS entitlements are in accordance with the approved policy and that the assessment of compensation is carried out in accordance with agreed procedures ii. Payment of compensation to the PAPs in the various categories is made in accordance with the level of compensation described in the RAP iii. Public information and public consultation and grievance redress procedures are followed as described in the RAP iv. Relocation and payment of subsistence and transport allowances are made in a timely manner v. Restoration of affected public facilities and infrastructure are completed prior to construction vi. Formation of Resettlement Implementation Committee Frequency of Monitoring The frequency of monitoring is influenced by the parameters being monitored and its dynamic nature. Monitoring of the RAP will be carried out during the whole process of land acquisition and the compensation to ensure that the objectives are met and successful implementation of the RAP occurs. The monitoring will be carried out by a committee composed of Ilala Municipal 123

154 Council representatives and TANROADS to ensure that all responsible implementing agencies follow the schedule and comply with the principles of the RAP. Suggested monitoring indicators are outlined below and include (and not limited to): i. Number and place of public consultation meetings held with PAPs and local authorities in preparation of, or during RAP implementation; ii. Number of PAPs effectively compensated and aggregated amount disbursed compensation (actual versus planned); iii. Number of people resettled or provided with new business premises (whatever is applicable); iv. Number of complaints: Total received and their status (resolved or not and at what level). This should include the subject matter for all complaints. Total resolved at various levels including the type of agreement reached; Total referred to the legal system/ Courts of Law, including a clarification on who initiated (local leaders, PAP or Roads Agency, etc.) the referral and the subject matter. Suggested performance/evaluation indicators include: i. Total nature and level of all complaints received, resolved; ii. Completion of payment within, or after 2 months of estimated completion date indicated in the RAP implementation plan; iii. Completion of demolition of structures (if any) or crops/trees in the project area within 3 months after the notice to demolish; iv. Revival of affected businesses and other economic activities within 4 months after the compensation payment; v. Submission of monitoring reports at the frequency indicated in the M/E of the RAP implementation report or quarterly. The table 23 illustrates the monitoring, evaluation and reporting plan and responsible institutions that are expected to oversee the implementation. 124

155 125

156 Table 23: Monitoring indicators and frequency of monitoring during RAP and Post RAP implementation No. Component Main activities Indicators Means of Quantitative Qualitative Monitoring Frequency / Timing Responsible Team 1 Stakeholders participation Consultation and participation with stakeholders 2 Database Updating census results 3 Disclosure of entitlement 4 Compensation and other resettlement measures Display to the PAPs the results of the census Timely and adequate compensation of the affected properties Payment transport of and -Number of participants attending meetings in the project area -Number of meetings carried out in the project area Updated data base of census results List of PAPs and their properties All the PAPs are compensated adequately Check the project records on the meeting minutes - Check the list of PAPs and their respective properties - - Check compensation schedule Less grievances/ complaints Check the list of PAPs and verify that PAPs are compensated Every month Once before disclosure and when it will be needed Once after census and assets valuation and approval of valuation report by the Chief valuer. Intensive monitoring will be done on daily and monthly bases until the completion of compensation payment and TANROADS, Ilala Municipal Council and Consultant TANROADS, Ilala Municipal Council and Consultant TANROADS, Ilala Municipal Council and Consultant TANROADS and Ilala Municipal Council 126

157 subsistence allowances 5 Grievances Effectiveness of the grievance mechanisms 6 Follow up of PAPs livelihoods Follow up and monitoring of PAPs livelihoods -Less grievances reported to the project office -Reported and solved grievances -Less land tribunal cases reported Revival of affected businesses and other economic activities within 4 months after the compensation payment Awareness of the presence of grievance mechanisms committee Satisfaction of the PAPs Project reports on reported and resolved grievances - Observation and consultation with PAPs allowances for all the PAPs The first three months after payment of affected properties 4 months after the compensation payment. TANROADS Ilala Municipal Council TANROADS and Consultant 127

158 15.7 Resettlement Implementation Completion report A completion report of the entire resettlement process for this project will be prepared and will include a hand over certificate which will ostensibly provide a verification of when the compensation and assistance were undertaken and to whom these services were provided as well as to indicate that indeed all the compensation has been delivered. This report will be prepared and submitted to the Bank six (6) months after the end of compensation payment by TANROADS, or before the Implementation Completion Report by the Bank, whichever comes first. The RAP implementation report will include (but not be limited to) the following information. The RAP implementation report should include (but not be limited to) the following information: i. Background of the RAP preparation including a description of the project activities, scope of impacts, number of affected persons, and estimate budget. ii. Update of its implementation with actual numbers of displaced persons by segments, compensation paid, issues/complaints raised and solutions provided iii. Complains status iv. Early assessment of the impacts of resettlement and compensation on affected categories at the time of the report production. v. Total sum disbursed vi. Lessons learned from the RAP implementation vii. Suggested annex: - List of people affected as per the RAP report - List of people compensated during implementation 128

159 16.0 Conclusions and Recommendations 16.1 Conclusion i. The proposed project will create displacement of persons, loss of livelihood, mainly at Guruka Kwalala at Gongo la Mboto ward where the bus terminal and depot will be located. There will also be some interference with public infrastructures; however, there are many shot and long term benefits that will arise from the proposed project. ii. iii. iv. Where displacement or impact is unavoidable, appropriate mitigation measures have been put in place to reduce to a minimum or eliminate any undesirable effects of the project. Project affected persons in Guruka Kwalala expressed concern over the significant number of houses and commercial that will be affected. Project affected persons expressed concern on the transparency of the valuation and compensation to project displaced persons. v. The community awareness of the proposed project is rated very high with many expectant of the gains that will accompany its implementation while others were pessimistic due to endless promises that they claim have been made at various forums in the past on the construction of the road for the rapid bus transport. All 253 PAPs including 244 residential tenants and 37 commercial tenants are willing to be moved, prompt, fare and full compensation must be guaranteed. vi. Vendors were very much concern with their livelihood once they will be removed from the areas they are used to do their business. Although, they are aware that they are doing businesses in areas which are not allowed by the government, still their livelihood depended on such activities and they do not have alternative site which can assure them of customers. vii. The socio-economic survey for some of the affected person at Kipunguni mtaa (Banana) area in Kipawa ward planned for construction of a feeder station and the valuation of all structures were not undertaken due to resistance showed by one of the would be affected persons. This area is made up of a piece of land that is used by 129

160 several traders that have rented the premises from one land owner. There are more than 50 traders with shops, bars, internet cafes, and food vendors. The traders, most of them not working there have instead, hired workers. Outside these shops etc, you also have vendors selling their wares. The so called land owner refused to let his land taken and instructed the tenants not to cooperate with survey team. The efforts to request him to cooperate, including showing the valuer the title deeds for land to justify his ownership was not successful. viii. The applied mitigation measures have excluded the about 9 PAPs 09 at Ukonga, Gongo la Mboto and Uwanja wa Ndege along Nyerere road Way forward. i. In order to ensure compliance with Tanzania government and World Bank O.P 4.12 requirements for involuntary resettlements, all affected people, should be fully compensated. Since, the valuation process was undertaken in 2014, the compensation should take into account the payment of interest rate to the PAPs. ii. iii. iv. All the project affected persons who will be displaced or relocated, should be informed in good time (given approximately 90 days) to prepare them for relocation and modalities of conducting resettlement counselling put in place. Although street vendors are doing their business illegally along Nyerere and Uhuru roads, they need to be considered for some assistance as required by the World Bank. One of the recommendations is to provide vendors a place for undertaking their businesses, (refer vendor s suggestions). TANROADS should work together with the Ilala Municipal Council to identify areas to establish new places for vendors, so that their livelihood is not negatively affected. Since the disputed land at Kipunguni is a critical area for the BRT as it is planned for feeder station to save many people in the area, it is suggested that TANROAD in collaboration with Ilala Municipal Council to address the dispute in more peaceful and legally accepted ways to allow the development of the project which is highly needed by the communities in the area. While this process continues, the proposed feeder station will 130

161 be removed in current design and the area will continue to be used as Daladala station. Once this problem is resolved, arrangement will be made by TANROADS to acquire the land as required by law. v. The project proponent should involve other utilities companies such as TANESCO and DAWASCO who share way-leave prior to removing/relocating the utilities; this could minimize compensation costs. vi. Since the mitigation measures of road realignment and confinement of project activities in the existing road reserve have excluded the PAPs along Nyerere road, it is recommended that the names of those who were to be affected should be removed from the compensation schedule. vii. In order to ensure that the valuation of assets which undertaken in 2014 is not affected by inflation, change in land value and construction materials, the compensation schedule will be updated by calculating the compound interest rate offered by commercial banks on fixed deposits (refer to Land Acquisition Act, 1967 and the regulations, 2001 of the Land Act of 1999 in section 7.4). The compensation for tree which were not mature in two years ago will be updated by changing the percentage of growth as shown in compensation schedule. i. It was not possible to include the cost of interest rate in this RAP report because it is not clear when the government is expected to implement the project and start the compensation processes. 131

162 17.0 References IFC: Handbook for Preparing a Resettlement Action Plan Ilala District Socio-economic profile URT, The Graveyard removal Act (No. 9 of 1969) URT, The Constitution of the United Republic of Tanzania (1977 as amended) URT, The National Land Policy (1995) URT, Land Act [1999] URT, National Human Settlements Development Policy (2000) URT, Land Acquisition Act No. 47 of 1967 URT, Land Use Planning Act, 2007 URT, The Road Act 2007 URT, Urban Planning Act, 2007 URT, Resettlement Action Plan prepared by Kyong Dong Engineering Co., Ltd. in association with Ambicon Engineering (T) Limited, 2014 and Independent consultants, 2016 URT: Population and Housing Census

163 18.0 Annexes Annex 1: List of PAPs at Gongo la Mboto Bus Terminal and Depot OWNER S NAMES VAL.NO TYPE OF PROPERT Y 1 MJATA DAFFA 001 land and ABDALLAH 2 GILBERT ALFRED 002 land and MINJA 3 DAISHY G. MINJA 002 land and 4 GILBERT ALFRED 003 land and MINJA 5 GILBERT ALFRED 003 MINJA 6 No name ASHA MOHAMED 004A land and MAKASO 8 MAIMUNA MWINGWA 005 land and KAOMBWE 9 JUDITH NAHASHON 006 land and ODUNGA 10 NOFIA NICODEM 007 land and KARUMUNA 11 AYOUB SHIJA 008 land and MAHARA 12 ALLY CHANZI KINGALU 009 land and BUILDING VALUE PLOT VALUE CROP VALUE ACCOMO. ALLOW TRANSP. ALLOW DISTUR. ALLOW LOSS OF RENTAL INCOME TOTAL. COMP. 52,095, ,400, ,200, , ,559, ,404, ,915, ,400, , ,000, , ,151, ,691, ,163, , ,640, , ,257, ,264, ,173, ,200, , ,240, , ,160, ,400, ,459, ,432, ,320, , ,394, ,296, ,214, ,000, ,720, , ,097, ,181, ,665, ,900, , ,525, ,920, ,160, ,662, ,000, ,480, , ,772, ,064, ,632, ,102, , ,480, , ,637, ,239, ,421, ,260, ,400, , ,294, ,525, HALIMA ALLY KONDO 14 HALIMA ABDALA MAGANZA 15 TARISILA EXSAVERI KIMARO 16 NO NAME FOUND The photo shows Val. No. 14 which appear twice 010 land and 011 land and 012 land and 013 land and 38,955, ,250, , ,720, , ,275, ,584, ,552, ,550, ,480, , ,248, ,980, ,925, ,750, ,480, , ,654, ,959, ,293, ,675, , ,160, , ,121, ,446,

164 OWNER S NAMES VAL.NO TYPE OF PROPERTY 17 OMARI RAJABU KIGURUBU 014 land and 18 AMINA HAMAD MWANGU 015 land and 19 NGUNGU SAIDI NGUNGU 016 land and AZIZA HASSAN MAKAME 018 land and 22 WILIBAD KAMAYANGO 019 land and RUGAIKA 23 RAMADHANI SAIDI 020 land and LUBALATI 24 BILAS GERVAS MANGALE 021 land and 25 MWALIMU AHMAD JOSHI 022 land and STAMIL SALUM 023 land and VIJICHENGA,MSIMAMIZI:OM ARY SALUM OMARY 27 MBULULE JOHN NGOGO 024 land and 28 ANISET S. MASSERA 025 land and 29 ROSE KYANDO 026 land and 30 DOMINIC PHILIPO 027 land and 31 SAID RASHID MCHEZO 028 land and BUILDING VALUE PLOT VALUE CROP VALUE ACCOMO. ALLOW TRANSP. ALLOW DISTUR. ALLOW LOSS OF RENTAL INCOME TOTAL. COMP. 21,111, ,008, ,480, , ,249, ,998, ,714, ,205, , ,400, , ,798, ,331, ,394, ,675, , ,480, , ,087, ,808, ,474, ,992, ,400, , ,757, ,774, ,668, ,995, , ,480, , ,184, ,117, ,867, ,760, ,400, , ,970, ,147, ,776, ,695, , ,560, , ,640, ,861, ,964, ,392, ,240, , , ,574, ,965, ,600, , ,320, , ,734, ,885, ,838, ,180, ,400, , ,841, ,410, ,036, ,360, , ,400, , ,284, ,384, ,404, ,520, ,600, , ,113, ,788, ,237, ,000, , ,400, , ,724, ,824, ,226, ,120, , ,400, , ,104, ,465, MARIAM MZEE ABDALLAH 029 land and 34,549, , ,640, ,187, , ,741, ,296, MOHAMED NASSORO DIKOKONA 030 land and 34 NASSOR KONDO SELEMAN 031 land and 35 IDD NASSORO KONDO 032 land and 45,952, ,635, , ,560, , ,769, ,103, ,526, ,000, ,560, , ,442, ,678, ,792, ,626, , ,160, , , ,519,

165 36 SHABAN HABIB &ABDUL HABIB 033 land and 35,893, ,240, , ,480, , ,672, ,212,152.0 S/N OWNER S NMES VAL. NO TYPE OF PROPERTY BUILDING VALUE PLOT VALUE CROP VALUE ACCOMO. ALLOW TRANSP. ALLOW DISTUR. ALLOW LOSS OF RENTAL INCOME 37 AUDIFASI XSAVERY 034 land and 39,512, ,840, , ,640, , ,708, ,600, ,458,972.8 KIMARO 38 SAYUNI NELSON 035-3,759, , ,060,260.0 PALANGYO 39 ISAYA ANDREW 036 land and 36,810, ,872, , ,560, , ,895, ,300,600.0 MFUNGAHEMA 40 ZAITUNI AYUBU 037 land and 26,435, ,280, ,560, , ,537, ,963,072.6 MAHALA 41 CONRAD JOHN NOYA 038 land and 28,075, ,844, ,400, , ,313, ,783, JOHN CHARLES 039 land and 58,250, ,342, , ,640, , ,048, ,450,977.3 BUHANZA 43 MOHAMED HASSAN 040 land and 27,868, ,600, ,640, , ,757, ,016,446.6 NYERERE 44 ZAHORO OMARY RAJAB 041 land and 38,025, ,452, ,480, , ,718, ,826, NO NAME FOUND 043 land and 25,773, ,452, , ,760, , ,659, ,807, HASSAN MAULID 044 land and 33,693, ,850, ,200, , ,163, ,056,608.5 BUMBULI 47 NO NAME FOUND 045 land and 85,924, ,200, , ,049, ,324, IDD JUMA PENZA 046 land and 136,212, ,260, , ,200, , ,698, ,779, OSWARD PIUS KITALY ,884, , , ,693, ,006, SOUZ SAID ZANDA 048 land and 32,951, ,140, , ,640, , ,289, ,201, MASHAKA HABIBU 049 land and 55,833, ,087, ,000, , ,673, ,744,950.0 MVOGOGO 52 SALVATA OSWARD 050 land and 29,771, ,630, ,560, , ,912, ,023,814.4 LASWAY 53 OSWARD PIUS KITALY 051 land and 40,520, ,600, , ,560, , ,055, ,090,542.5 TOTAL. COMP. 135

166 S/N OWNER S NMES VAL.NO TYPE OF PROPERTY 54 JUMA SAID MVOGOGO 052 land and 55 HARRY OFFORO 053 land and MAKULE 56 SERIKALI YA MTAA 054 land and 57 SEIF SAID MAGAIRA 055 land and 58 ALLY MOHAMED MUBA 056 land and 59 KALEBI NASSORO 057 land and SHANGO 60 JUMA ALLY SULTANI 058 land and 61 ZEUGY BONYAMBA 059 land and GEORGE MTUGANI 62 ASHA ABDALAH ZOO 060 land and 63 SEIF ALLY ZOO 061 land and 64 HAMIS MATOLA 062 land and HOSSEN 65 SCHOLASTICA 063 land and HIEROMUS MAGUBIKA 66 EDINGTHON MOSES 064 land and MARO BUILDIN G VALUE PLOT VALUE CROP VALUE ACCOMO. ALLOW TRANSP. ALLOW DISTUR. ALLOW LOSS OF RENTAL INCOME TOTAL. COMP. 50,500, ,392, , ,400, , ,055, ,732, ,513, ,720, ,480, , ,055, ,200, ,118, ,500, , ,620, ,318, ,500, , ,800, , ,055, ,848, ,035,250. 9,200, , ,400, , ,055, ,977, ,465,550. 4,875, ,320, , ,055, ,865, ,300,000. 7,800, ,480, , ,055, ,785, ,805,400. 9,500, , ,720, , ,055, ,243, ,923,000. 5,525, , ,600, , ,055, ,487, ,278, ,000, ,640, , ,055, ,123, ,800, ,750, ,055, ,605, ,233, ,925, ,474, ,560, , ,616, ,033, ,800, ,640, , ,938, ,453, JOHN UZIEI MTOI 065 land and 68 OTHMAR NICOLAI 066 land and CHIWEKA 30,780, ,269, ,947, ,640, , ,858, ,375, ,266, ,560, , ,802, ,048,

167 S/N OWNER S NMES VAL.NO TYPE OF PROPERTY 69 NICHOLAI OTHMAN CHIWEKA 70 IDD MOHAMED MAKUNJA 71 ERASTO FRED MREMA 72 SHABANI KILENGA NCHIMBA 73 MARY COLNEL KOMEKESHA 74 SALUM ALLY MNAMBA BUILDING VALUE PLOT VALUE CROP VALUE ACCOMO. ALLOW TRANSP. ALLOW DISTUR. ALLOW LOSS OF RENTAL INCOME TOTAL. COMP. 067 land and 979, ,760, ,080, , ,099, ,068, land and 35,931, ,940, ,640, , ,349, ,011, land and 37,490, ,037, ,640, , ,642, ,959, land and 27,489, ,700, ,480, , ,975, ,794, Plot - 5,238, , , , ,856, land and 29,605, ,331, ,480, , ,714, ,281, ABIBA ALLY MPULU 073 land and 45,988, ,200, , ,040, , ,739, ,172, JEAN MANDA OMBA 074 land and 24,214, ,420, ,400, , ,450, ,635, AGATHA MANDA 075 land and 10,284, ,319, , ,080, , ,508, ,600,150.0 OMBA 78 CHRISPIAN AMRI 076 land and 22,913, ,868, , ,480, , ,703, ,121, SHABANI IBRAHIM 077 land and 19,630, ,788, ,400, , ,193, ,162,304.0 MTENYI 80 MWAJUMA KHALID 078 land and 3,418, ,446, , ,080, , , ,765,780.0 CHAMBEYA 81 RICHARD ELIMSINGI 079 land and 4,860, ,030, , ,160, , , ,109,000.0 LASAKA 82 JUMA SAIDI 080 land and 37,938, ,240, , ,560, , ,695, ,604,828.2 MVOGOGO 83 SHOMARI SAID 082 land and 28,350, ,800, ,720, , ,892, ,912,000.0 MZEZELE 84 SAUDA SAID 083 land and 27,846, ,437, , ,400, , ,843, ,930,500.0 KALANGO 85 MAMA SHABANI 084 land and 13,806, ,812, ,600, , ,489, ,857,980.0 SELEMANI 86 MGOGORO- 085 land and 5,400, , ,240, , ,800, ,702,936.2 MJUMBE:SEIF ZOO 17,085, GEREMANA IVON 086 land and 26,325, ,900, ,320, , ,498, ,193,000.0 KIMARO 88 MOHAMEDI OMARY 087 land and 10,773, ,825, , ,240, , ,195, ,533,840.0 BUNGALA 89 OMARY ABDALAH BUNGALA 088 land and 10,800, ,000, ,320, , ,184, ,454,

168 S/N OWNER S NMES VAL.NO TYPE OF PROPERTY 90 MUSA SHABANI KILUVYA 089 land and 91 MECKSON GODFREY 090 land and MBOYA 92 KREKAMOO WILLIAM 090 land and 93 AYUBU ISMAIL RAJABU 091 land and 94 ABDALAH SELEMANI 092 land and PAZI 95 HARRY OFORO 093 land and MAKULE 96 NEEMA JAMES GAGA 094 land and 97 JUSTINE KAMOTA 095 land and MSHWAMU HEAVEN J. NGOWO 096 land and 99 HALIMA MOHAMEDI 097 land and MUSA 100 DAMARIS JOSHUA 098 land and MASSABA 101 NORASCO SANGA 099 land and 102 FRORA GIPSON MKONY 100 land and 103 FATUMA SELEMAN 101 land and JONGO 104 GODFREY GEORGE 102 land and SABAYA 105 SOKO 103 land and 107 THOMAS NICHOLOUS 105 land and MAPUNDA 108 FORTUNATUS 106 land and WANZARA MKAMA BUILDING VALUE PLOT VALUE CROP VALUE ACCOMO. ALLOW TRANSP. ALLOW DISTUR. ALLOW LOSS OF RENTAL INCOME TOTAL. COMP. 42,148, ,645, ,560, , ,063, ,567, ,583, ,820, ,880, , ,632, ,065, ,200, ,800, ,880, , ,520, ,550, ,520, ,500, ,600, , ,361, ,132, ,020, ,725, , ,400, , ,637, ,650, ,391, ,320, ,000, , ,736, ,597, ,588, ,000, ,880, , ,167, ,785, ,105, ,500, , ,480, , ,408, ,647, ,875, ,750, , ,080, , ,292, ,173, ,430, ,187, ,480, , ,649, ,896, ,843, ,500, , ,600, , ,733, ,153, ,468, ,202, , ,800, , ,614, ,248, ,030, ,360, ,400, , ,271, ,800, ,012, ,602, ,604, , ,320, , ,577, ,267, ,380, ,187, ,640, , ,445, ,802, ,924, ,500, , , ,248, ,078, ,155, ,960, , ,898, ,242, ,367, ,112, ,640, , ,198, ,468,

169 S/N OWNER S NMES VAL.N O TYPE OF PROPERTY 109 DORICE ALEX MGAMBO 107 land and 110 SARA JOHN LUGOME 108 land and 111 RASHID ATHUMAN 109 land and CHUMA 112 SULEMANI MWINYI 110 land and MBEGU CHUMA 113 GODLOVE HERONIMUS 112 land and MAGUBIKA 114 AGATA SAIMON 113 land and MBEWEKA 115 JUSTIN FREDNARD 114 land and MWABILA 116 LATIFA ALLY 115 land and LUBAMANDE 117 JUMA ALLY 116 land and LUBAMANDE 118 SELEMAN SALUM 117 land and MLENZI 119 MWISHO SHOMARI 118 land and LUGOME 120 REHEMA SAID 119 land and MVOGOGO 121 HENRY ISMAIL 120 land and MWANZALIMA 122 Photo only RIDHIWANI YUSUFU 122 land and LASHKONI 124 REVOCATUS RASPICK 123 land and TARIMO 125 PROSPER PIUS KITALI 124 land and 126 MOHAMED MAULIDI 125 land and MTONGA 127 SIMFON SHIJA 126 land and LUHEGANGULU BUILDING VALUE PLOT VALUE CROP VALUE ACCOMO. ALLOW TRANSP. ALLOW DISTUR. ALLOW LOSS OF RENTAL INCOME TOTAL. COMP. 29,271, ,515, ,480, , ,702, ,118, ,232, ,638, ,320, , ,549, ,890, ,476, ,549, ,640, , ,802, ,617, ,764, , , ,036, ,140, ,250, ,400, , ,640, , ,830, ,505, ,413, ,307, ,160, , ,017, ,047, ,076, ,310, ,160, , ,470, ,166, ,352, ,622, ,080, , , ,002, , ,500, , ,880, , ,220, ,502, ,762, ,415, ,720, , ,494, ,541, ,403, ,450, ,080, , ,908, ,992, ,090, ,660, ,160, , ,100, ,160, ,177, ,696, ,600, , ,349, ,972, ,436, ,040, , , ,919, ,566, ,055, ,037, ,360, , ,487, ,089, ,410, ,914, , ,705, ,800, ,980, ,886, ,172, ,600, , ,604, ,413, ,860, ,964, , ,825, ,799,

170 S/N OWNER S NMES VAL.NO TYPE OF PROPERTY 128 BAHATI JUMA HUSSEIN 127 land and 129 THADEUS AUGUSTINE 128 land and NJUU 130 NEEMA RAPHAEL 129 land and KIMARIO 131 ALEX ONESPHORY 130 land and MOSHA 132 Photo only MARIA BULEMELA 132 land and MPEMBA 134 JUMA SAIDI DIOGO 133 land and 135 ROSE DASTANI MHINA 134 land and No photo 136 WANAHERI 135 land and RAMADHANI NYALUSI 137 VERONICA GABRIEL land and MMOLE ASHA SAIDI LINGOLA 137 land and TERESIA ANTONY 139 land and MREMA 140 CHRISTOPHER RAFAEL 140 land and KULULINDA 141 HELENA DASTAN 141 land and MHINA BUILDING VALUE PLOT VALUE CROP VALUE ACCOMO. ALLOW TRANSP. ALLOW DISTUR. ALLOW LOSS OF RENTAL INCOME TOTAL. COMP. 22,588, ,345, , ,640, , ,397, ,153, ,332, ,738, , ,600, , ,368, ,224, ,574, ,264, , ,480, , ,392, ,933, ,496, ,650, , ,960, , ,477, ,552, ,005, ,148, , ,200, , ,253, ,771, ,735, ,738, ,400, , ,317, ,191, ,264, ,987, ,480, , ,620, ,351, ,455, ,220, ,400, , ,574, ,650, ,375, ,000, , ,320, , ,954, ,707, ,268, ,140, ,500, , ,952, ,861, ,853, ,410, ,640, , ,461, ,364, ,215, ,216, ,240, , ,394, ,065, ,226, ,425, , ,320, , ,333, ,325, MOHAMMED SALUM MWATANYA 143 GODLISEN ONESFORO MOSHA 144 GRACE GEORGE MAGEMBE 142 land and 143 land and 144 land and 24,545, ,650, , ,400, , ,977, ,596, ,685, ,500, , ,400, , ,597, ,469, ,902, ,052, ,240, , ,396, ,591,

171 S/N OWNER S NMES VAL.NO TYPE OF PROPERTY 145 SAMSONI GODLISEN MOSHA 145 land and 146 FERDINANDA FURUGE 146 land and 147 THOMS MAULIDI MDEKA 147 land and 148 MAULIDI MOHAMMED 148 land and MDEKA 149 ALEX ONESFORO 149 land and MOSHA 150 DAMIAN MAYEGA 151 land and GULTY DEOGRATIUS 150 land and FRANCIS MAPUNDA 152 KURWA SAMSONI MTUA 153 land and 153 NGEREZA ISSA LUHONJE 154 land and 154 AZIZA JUMA MZEE 155 land and 155 KHADIJA NASSOR 156 land and MZERU OMARY AMIR JUMA 157 land and 157 AMINA 158 land and ATHUMANI DEMAMU ABDUL SELEMANI 159 land and MBEGU 159 MSAIMON NTABUDYO 160 land and 160 MWINYISHEHE JUMA 161 land and 161 ALOYCE ANTONY 162 land and MONGOSONGO BUILDING VALUE PLOT VALUE CROP VALUE ACCOMO. ALLOW TRANSP. ALLOW DISTUR. ALLOW LOSS OF RENTAL INCOME TOTAL. COMP. 15,309, ,400, , ,160, , ,420, ,334, , ,844, ,080, , , ,550, ,084, ,582, ,640, , ,453, ,000, ,760, ,827, ,078, ,640, , ,072, ,618, ,757, ,500, ,160, , ,140, ,558, ,668, ,200, ,480, , ,949, ,200, ,498, ,031, ,960, ,400, , ,479, ,871, ,662, ,125, ,640, , ,422, ,850, ,156, ,656, , ,320, , ,145, ,281, ,189, ,265, , ,640, , ,800, ,400,00 65,351, ,858, ,482, , ,800, , ,670, ,002, ,358, ,060, ,320, , ,953, ,842, ,033, ,162, ,160, , ,375, ,800, ,530, ,566, , , ,400, , ,611, ,650, ,095, ,200, ,400, , ,623, ,318, ,505, ,119, , ,320, , ,214, ,213, ,448, ,815, , ,160, , ,035, ,783,

172 S/N OWNER S NMES VAL.NO TYPE OF PROPERTY BUILDING VALUE PLOT VALUE CROP VALUE ACCOMO. ALLOW TRANSP. ALLOW DISTUR. ALLOW LOSS OF RENTAL INCOME 162 NICHOLOUS ANTONY 163 land and 57,435, ,815, , ,400, , ,701, ,800, ,323,587.2 MONGOSONGO 163 HAMIDU RASHIDI 164 land and 29,540, ,720, ,240, , ,820, ,200, ,671,070.0 KISUGUDO 164 NIYONI ZIGIKE ASTRIDA 165 land and 93,366, ,390, ,880, , ,580, ,366,650.1 ANICET 165 NAMERA GROUP OF 166 land and 27,356, ,135, ,480, , ,919, ,040,639.1 CMPANIES 166 NAMERA GROUP OF 167 land and 39,344, ,175, , ,160, , ,283, ,400, ,388,740.4 COMPANIES 167 FREDRICK E. ASSERY 168 land and 47,696, ,912, ,480, , ,608, ,696, SALIM HATOR AND 169 land and 56,571, ,970, , ,640, , ,644, ,800, ,638,838.4 BI.REHEMA KHALFAN 169 SAMBALE NDOSHA 170 land and 77,072, ,415, , ,400, , ,657, ,800, ,572,534.8 LUHEMEJA 170 FATUMA Y.TALIAN 171 land and 28,895, ,055, ,240, , ,876, ,800, ,866, ABBAS MOHAMMED 172 land and 41,470, ,717, ,480, , ,094, ,000, ,762,370.4 MKUDE 172 ZAITUNI RASHIDI 173 land and 77,000, ,635, ,800, , ,250, ,000, ,685,818.9 MAGOMBE 173 JOSEPH MTEFU MOWO 174 Land - 11,250, , ,150,000.0 TOTAL. COMP. 174 JOHN THOMAS MGENDERA 175 land and 75,498, ,000, ,960, , ,479, ,938, HAPPINESS BAYAGA,SOPHIA BAYAGA AND BEATREACE B. BARUTI 176 land and 176 SARA ISAME CHACHA 177 land and 177 ATHUMAN SAIDI MDETE 178 land and 178 YAHYA ATHUMANI 179 land and MDETE 179 RASHID ATHUMAN 180 land and 180 AKILINA HAJI SHEKIHIO 181 land and 181 SIMBO ANINY SAWE 182 land and 107,022, ,100, ,000, , ,449, ,600, ,322, ,183, ,450, ,720, , ,330, ,684, ,588, ,350, , ,560, , ,209, ,882, ,801, ,915, , ,160, , ,181, ,111, ,636, ,626, ,240, , ,461, ,963, ,367, ,525, ,320, , ,831, ,044, ,580, ,487, , ,640, , ,892, ,688,

173 S/N OWNER S NMES VAL.NO TYPE OF PROPERTY 182 MAGUNO HAMISI MAGUNO 183 land and 183 MOHAMMED 184 land and FORTUNAATUS KIWALE 184 KADRI AHMED KADRI 185 land and 185 MARIAM JAMES KIKWA 186 land and 186 IMANI NGEMERA 187 land and NDIHABI 187 IGNACE PETER MOWO 188 land and 188 FORTUNATA 189 land and SOSTENENCE LUBIMBI 189 OMARY ADAM OMARY 190 land and 190 MWAJABU MOHAMMED 191 land and MUYA 191 JUMA SAIDI MVOGOGO 192 land and 192 DUNIA MZEE MVOGOGO 193 No photo and property shown 193 NOEL PETER NDONDE 194 land and 194 SHABANI WILLIAM 195 land and MSINDE NA SITI MSINDE 195 HASSAN MOHAMMED 196 land and MDUGI 196 SAREHE ATHUMANI 197 land and KIHIMBWA 197 HALIMASHAURI YA MANISPAA YA ILALA 199 land and HUSSEIN SAID OMARY 201 land and 200 MANENO JUMA SAIDI 202 land and BUILDING VALUE PLOT VALUE CROP VALUE ACCOMO. ALLOW TRANSP. ALLOW DISTUR. ALLOW LOSS OF RENTAL INCOME TOTAL. COMP. 35,248, ,375, ,320, , ,969, ,000, ,913, ,686, ,024, ,640, , ,176, ,526, ,666, ,475, , ,640, , ,455, ,285, ,698, ,375, ,320, , ,245, ,639, ,190, ,280, ,200, , ,597, ,268, ,396, ,628, , ,640, , ,353, ,412, ,468, ,864, , ,560, , ,390, ,331, ,573, ,250, ,240, , ,825, ,888, ,507, ,525, , ,080, , ,055, ,178, ,693, ,781, , ,160, , ,055, ,693, ,713, ,055, ,768, ,938, ,390, , ,160, , ,055, ,703, ,378, ,350, , ,400, , ,055, ,447, ,269, ,745, ,160, , ,055, ,379, ,210, ,350, , ,400, , ,055, ,178, ,806, ,578, , ,160, , ,055, ,003, ,094, ,525, , ,560, , ,513, ,995, ,195, ,750, , ,480, , ,641, ,138,

174 S/N OWNER S NMES VAL.NO TYPE OF PROPERTY 201 VICTORIA MSHAMU MKUNDI 202 LYDIA DAMSON MALILA AND LADWICK ELIMHOO KIWERO 203 ANTONY FAUSTINE MHAWI 204 JOHN CHIRUNGURA KADANGANYIKA 205 MWASHURUTI JUMA DHAHABU 206 LAURENCE PAUL KILO AND AGNSS SALUM MSUYA 207 LUMENI INOCENT ACHIMPOTA 203 land and 204 land and 205 land and 206 land and 207 land and 208 land and 209 land and 208 ZAIFU RASHID SEIF 210 land and 209 AYUBU ALLY MNANGWA 211 land and 210 MWANAHERI 212 land and RAMADHANI NYALUSI 211 MAO NCHEYE SONO 213 land and 212 SALUM OMARY MSONDE 214 land and BUILDING VALUE PLOT VALUE CROP VALUE ACCOMO. ALLOW TRANSP. ALLOW DISTUR. ALLOW LOSS OF RENTAL INCOME TOTAL. COMP. 4,762, ,300, , ,080, , , ,054, ,745, ,962, , ,560, , ,658, ,956, ,951, ,500, , ,800, , ,358, ,634, ,963, ,600, , ,240, , ,135, ,068, ,568, ,925, ,480, , ,319, ,292, ,543, ,600, , ,240, , ,333, ,743, ,771, ,400, ,640, , ,653, ,600, ,065, ,452, ,300, , ,240, , ,154, ,800, ,626, ,320, ,800, , ,720, , ,370, ,374, ,156, ,625, ,320, , ,102, ,353, ,120, ,000, , ,560, , ,749, ,831, ,828, ,200, , ,560, , ,684, ,450, MWANA HAMISI 215 land and 38,442, ,700, , ,560, , ,532, ,398,048.0 MOHAMMED SUNGURA 214 NEEMA SAMWEL 216 land and 40,143, ,715, , ,480, , ,988, ,480,528.0 MBWAWASI 215 BAHATI MSHINDO 217 land and 60,480, ,900, , ,560, , ,791, ,894,764.0 KONDO 216 RASHI AMEIR ABEID 219 land and 6,578, ,984, , ,080, , , ,491, COSTA RICHARD 221-5,775, , , ,600, ,987,000.0 MWANZILA 218 HADIJA MOHAMEDI 222 land and 15,675, ,500, , ,614, ,200, ,139,000.0 BWATAMO 219 ABDALLAH BAHATI 223 land and 24,948, ,200, , ,760, , ,573, ,657,920.0 TURULA 220 PILI SHABANI KACHIBO 224 land and 46,368, ,025, , ,672, ,193,

175 S/N OWNER S NMES VAL.NO TYPE OF PROPERTY BUILDING VALUE PLOT VALUE CROP VALUE ACCOMO. ALLOW TRANSP. ALLOW DISTUR. ALLOW LOSS OF RENTAL INCOME 221 ABDUL MOHAMED 225 land - 7,700, , , ,421,840.0 MVOGOGO 222 CAMEOIL PETROL STATION MAGDALENA GASTON BAYAGA C/O BEATRICE BENARD BARUTI 227 land and 11,761, ,332, ,880, , ,127, ,250, LEILA ABDALLAH MOHAMED 231 land and 225 SHABANI KILENGA 232 land and NCHIMBA 226 LATIN JOHN DAMIAN 233 land and 227 ZAINA KASIM SEIF 234 land and 228 HARRY OFORO MAKULE 235 land and 229 MBARAKA ALLY 236 land and MWINISHEHE 230 ALLY MWINSHEHE ZABI 237 land and 231 HASSAN ALLY 238 land and MWINSHEHE 232 CONRAD NAIEWICHI 239 land and MBUYA 233 MWAZANI MFAUME 240 land and KITEMBO 234 FIKIRI MSHINDO KONDO 241 land and 235 LEONIDUS LAURIAN 242 No photo and MACHUMI property shown 236 GRATION MUGANYIZI 243 land and RUSETUKA 237 AHMAD MOHAMED MASSA 244 land and 238 ABDALLAH MWINSHEHE 245 land and ZABI 239 MZIWANDA ABDALLAH MWINSHEHE 246 land and TOTAL. COMP. 17,316, ,400, ,240, , ,817, ,923, ,198,170 17,478, , ,200, ,673, ,943, ,696, ,029, ,160, , , ,583, ,666, ,075, , ,320, ,620, ,851, ,205, ,967, , ,373, ,160, ,856, , , , , , ,948, ,354, ,994, , ,560, , ,151, ,255, ,276, ,051, , ,160, , , ,471, ,302, ,625, , ,994, ,600, ,672, ,530, ,281, , ,480, , ,446, ,151, ,492, ,600, , ,440, , ,786, ,160, ,865, ,007, ,815, ,200, , ,705, ,160, ,037, ,706, ,693, , ,040, , ,570, ,520, ,914, ,976, ,370, , ,200, , ,569, ,541, ,745, ,730, ,480, , ,918, ,023, ,202, ,816, ,160, , , ,289, MHINA HAMIS MUSA 247 land and 86,246, ,982, ,280, , ,858, ,517, AZNATH ELISA SHAURI 248 land and 50,899, ,880, ,200, , ,622, ,752, GEORGE PETER GYELLAH 248A Land - 11,252, , ,152,

176 Sub Total 8,261,517, ,370,072, ,607, ,598,940, ,650, ,747, ,260, ,390,794, SCHEDULE OF PAPs ALONG NYERERE ROAD, UHURU ROAD IN IALA MUNICIPALITY FOR COMPENSATION PURPOSE S/ N OWNER S NMES LOCATIO N 01 HATIB KWALO Uwanja wa Ndege TYPE OF PROPERTY part of garage building BUILDING VALUE CROP VALU E LAND VALUE ACCOMO. ALLOW TRANSP. ALLOW DISTUR. ALLOW LOSS OF RENTAL INCOME TOTAL. COMP. 17,860,500-24,240, ,000-2,105,025 44,355, FATUMA ABDALAH Uwanja wa shop building 19,783,750-16,887, ,000 1,833,563-38,654,813 YUSUF Ndege 03 MASJID ALIF LAM MIM - Uwanja Wa mosque 121,173,780-20,857, ,101, ,132,844 Ndege 04 KKKT UKONGA Ukonga land and ,200, ,360,000 fence 2,160, JACKSON MLAWI Ukonga shop frame 4,050,000-2,250, ,000 6,615, YESAYA G. LORI Ukonga building 59,790,150-8,436, ,000-3,411,308 71,787, MSAFIRI ALLY MAKUKA Gongola building 22,058,400-8,777, ,541,795 32,377,695 mboto 08 FRED DAVIS RASHIDI Gongola building 20,223,280-9,611, ,491,739-31,326,519 mboto 09 UKONGA Ukonga- land and 360,000-21,120, ,074,000-22,554,000 RECREATION(MAGEREZA Magereza fence 10 REGIONAL COMMISIONER Ilala ILALA RC BOUNDAR Y WALL 11,167, ,750, ,845, ,763,060 Sub Total 276,467, ,130, , ,506,726 7,373, ,926,

177 Report on Valuation of a Holdout in DART Roads Project at Gongo la mboto Terminal and Depot (Phase III) Dar es Salaam City for Compensation Purposes S/n No Valuation Number Compensate Description Quantity/ RFA( m2) Unit Rate Depreciation / Months Development /Land Value (Tshs) Accommodation. Tshs Transport Allowances Disturbance Value Total Pay 1 VAL/COMP/TN RD/GGKL /Phase III/01 Gladson Naftal Matolo Urio Main Building ,000 5% 44,460, ,000 19,747,256 2 shop frames 2 100,000 36% - 7,200, Main Building ,000 5% 44,460,000 2 shop frames 2 100,000 36% 7,200,000 Main Building ,000 5% 28,471,500 1 shop frames 1 100,000 32% 1 3,200,000 Main Building 4 & Toilet ,000 40% 16,039,200 5 rooms 5 20, ,600,000 Lands , ,410, ,988,000 2 VAL/COMP/TN RD/GGKL/Phase Geraldina Francis Urio Main Building ,000 25% 13,440, ,000 2,230,

178 III/02 4 rooms 4 20, ,880,000 Lands ,000 14,200,000 Crops Mnazi 1 240, ,000 30,311, GRAND TOTAL 318,299,

179 Annex 2: Valuation analysis of properties affected by dart project along Nyerere road (dart phase 3) Annex 3: Valuation analysis of properties owners at Gongo la Mboto bus terminal and depot Annex 4: Schedule of PAPs affected by DART project along Nyerere road, Uhuru road in Ilala municipality for compensation purpose Annex 5: Compensation Schedule for property owners at Gongo lamboto Bus Terminal and Depot Annex 6: List of tenants for dart project at Gongo la Mboto bus terminal and depot Annex 7: Report on Valuation of a Holdout in DART Roads Project at Gongo la Mboto Terminal and Depot (Phase III) Dar es Salaam City for Compensation Purposes Annex 8: List of Female Headed Households at Gongo la Mboto Bus Terminal and Depot S/N Name Valuation No. Phone No. 1 Sayuni Nelson Palangyo Jean Manda Omba Agatha Manda Omba Asha Abdalah Zoo Abiba Ally Mpulu Amina Hamad Mwangu Scholastica Hieromus Magubika Fatuma Y.Talian Zaituni Rashidi Magombe Fortunata Sostenence Lubimbi Mwajabu Mohammed Muya Hadija Mohamedi Bwatamo Pili Shabani Kachibo Neema Samwel Mbwawasi Mwana Hamisi Mohammed Sungura Mwanaheri Ramadhani Nyalusi Mwashuruti Juma Dhahabu Laurence Paul Kilo and Agness Salum Msuya Lumeni Inocent Achimpota Victoria Mshamu Mkundi Rehema Said Mvogogo Fatuma Angaza Waziri - Photo only, no details of 131 properties in the compensation schedule Maria Bulemela Mpemba Zaina Kasim Seif Mwajuma Khalid Chambeya

180 26 Halima Abdala Maganza Nofia Nicodem Karumuna Maimuna Mwingwa Kaombwe Halima Abdallah Magan - No Name found in the Compensation Schedule However, There is a - Photo of Val. No Mary Colnel Komekesha Mariam Mzee Abdallah Neema James Gaga Frora Gipson Mkony Amina Athumani Demamu Khadija Nassor Mzeru Aziza Juma Mzee Teresia Antony Mrema Grace George Magembe Asha Saidi Lingola Veronica Gabriel Mmole Fatuma Seleman Jongo Sara John Lugome Helena Dastan Mhina Maua Shabani Selemani Leila Abdallah Mohamed Magdalena Gaston Bayaga C/O Beatrice 227 Benard Baruti - 47 Sara Isame Chacha Mwazani Mfaume Kitembo Maua Seleman Ngalen No Name or properties in 111 the Compensation Schedule Geremana Ivon Kimaro Sauda Said Kalango Rose Kyando Aziza Hassan Makame Tarisila Exsaveri Kimaro Daishy G. Minja

181 Annex 9: Public consultation details List of Consulted leaders at Ward and Mtaa Levels District and Municipal Level S/n Name Title Phone No. 1 Mr. Raymond Mushi Ilala District Commissioner Ms. Genoveva Mazenge Valuer Salim B. Msuya Health Officer 4 Regnald Mlay Health Officer Mwembe Madafu Development Organization S/n Name Title Phone No. Wilfred Kipondya Chairperson Ward Executive Officers S/n Ward Officer s Name Phone No. 1 Gongo la Mboto Emmanuel Leonard Ukonga Mainda Chamwi Kipawa Oliva Mashinya Vingunguti Sam Swila and Mnyamani Mr. Mrisho and Buguruni Mr. Remi and Ilala Foya Telewaheri Mtaa Executive Officers S/n Ward Mtaa Officer s Name Phone No. 1 Gongo la Mboto Guruka Kwalala Editha William - MEO Gongo la Mboto Ernest Kaula - MEO Bakari Shingo Chairperson 2 Ukonga Ukonga Deus Nchimbi Chairperson Mwembe Madafu Annamagreth Manyara- MEO Kipawa Kipunguni Aina Mlewa - MEO Praxeda Mkandala Mjumbe 4 Vingunguti 5 Mnyamani Mnyamani Bakari MEO

182 6Faru Bertha Libungu - MEO Ally Seif Rahimu Chanzi Buguruni Madenge Annamagreth Manyala K6isiwani Regina Foya Malapa Zena Mwaijumba MEO Mivinjeni Karim Malapa Chairperson Aisha Ally - MEO Ilala Sharif Shamba Rose Mgina Mafuriko Loveness Kilangwa Kasulu Leonard Madaha Karume Magreth Mwanri

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