SFG2861 UNITED REPUBLIC OF TANZANIA MINISTRY OF WORKS, TRANSPORT AND COMMUNICATION 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: +255 222 926 001 6, Fax: +255 222 926 011 Email: tanroadshq@tanroads.go.tz RESETTLEMENT POLICY FRAMEWORK FOR DAR ES SALAAM URBAN TRANSPORT IMPROVEMENT PROJECT (DUTP) Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Dar es Salaam January 2017
2 Table of Contents 1 INTRODUCTION... 6 1.1 Scope and Applicability of the Resettlement Policy Framework... 6 1.2 Brief Description of the Dar Es Salaam BRT System (DART)... 7 1.3 Objectives... 13 1.4 Basic Principles... 14 1.5 Types of Land Use Interference Created by the Project (DUTP) and Adjustments to Avoid, Minimize and Compensate... 15 2 LEGAL AND POLICY FRAMEWORK... 20 2.1 Land Tenure and Legal Status... 20 2.2 Property Valuation Norms... 21 2.3 Other Legally Established Indemnification and/or Compensation... 22 2.4 Tanzania Legal and Regulatory Requirements and Comparison with WB OP 4.12 Gap Analysis... 23 3 CATEGORY OF PROJECT AFFECTED PEOPLES (PAP) AND COMPENSATION... 34 3.1 Category of Project Affected Peoples... 34 3.2 Compensation... 35 3.3 Complementary Compensation and Assistance... 37 3.4 Entitlements by PAP Category... 40 4 CONSULTATION AND STAKEHOLDER PARTICIPATION... 52 4.1 Involving Stakeholders... 52 4.2 Data Collecting Phase... 52 4.3 Implementation Phase... 52 4.4 Monitoring and Evaluation Phase... 53 4.5 Documenting Consultation and Participation... 53 5 GRIEVANCE REDRESS MECHANISM... 53 5.1 Grievance Mechanism... 53 5.2 Steps to be followed for Grievance Redress under DUTP... 53 6 CONSULTATIONS AND DISCLOSURE... 60 6.1 Disclosure of the Resettlement Policy Framework... 60 6.2 Individual RAP Disclosure and Consultation Plans... 61
3 7 PROCEDURES FOR PREPARATION AND IMPLEMENTATION OF RESETTLEMENT ACTION PLANS (RAP)... 63 7.1 Resettlement Action Plan Preparation Methodology... 63 7.2 Resettlement Action Plan Contents... 67 8 MONITORING, EVALUATION AND REPORTING... 71 8.1 Monitoring and Reporting During RPF Implementation... 71 8.2 Ex-Post Documentation of Resettled PAPs... 73 8.3 Post-Resettlement Monitoring of Resettled PAP... 73 9 RESETTLEMENT BUDGET FOR DUTP... 75 10 COMPENSATION AND PROJECT (CIVIL WORKS) SCHEDULE... 76 ANNEX 01 STAKEHOLDERS CONSULTATION MATRIX... 79 ANNEX 02: PROPERTY SURVEY... 81 ANNEX 04: SAMPLE GRIEVANCE AND RESOLUTION FORM... 95 ANNEX 05: SAMPLE TABLE OF CONTENTS FOR CONSULTATION REPORTS... 97 ANNEX 06: GLOSSARY OF TERMS... 99
4 LIST OF FIGURES Figure 1: Proposed BRT Corridor... 7 Figure 2: Location of DUTP within Dar es Salaam... 8 Figure 3: Cross Sections at Stations... 17 Figure 4: Cross Sections at Stations... 18
5 LIST OF TABLES Table 1: Comparison of Tanzanian and World Bank Policies on Resettlement and Compensation... 23 Table 2: Entitlements per Category of PAP... 41 Table 3: Entitlements per Category of PAP... 43 Table 4 Entitlements per Category of PAP - continued... 44 Table 5: Sample Entitlement Matrix for Projects in Tanzania... 46 Table 6 Entitlement for the PAPs... 49 Table 7: Grievance Redress Process... 55 Table 8: An Example of Summary of a Budget for RAP Implementation... 75 Table 9 Example of a RAP Implementation Schedule... 76
6 RESETTLEMENT POLICY FRAMEWORK FOR DAR ES SALAAM URBAN TRANSPORT IMPROVEMENT PROJECT (DUTP) 1 INTRODUCTION 1.1 Scope and Applicability of the Resettlement Policy Framework By means of this Resettlement Policy Framework (RPF), TANROADS intends to prepare site specific resettlement action plans (RAPs) that will establish rules and procedures for compensation and resettlement assistance to be adopted in all situations where implementation of the DUTP activities will require indemnification of adjacent properties and/or result in displacement and involuntary resettlement of families and economic activities. The scope of this RPF will apply to DART Phase III & IV and additional works under Phase I as well as any physical works under the Transit Oriented Development (TOD) that may be supported under DUTP. The first version of this RPF was prepared in 2007 according to the requirements established in Tanzanian legislation and to the guidelines set forth in the World Bank s Operational Policy on Involuntary Resettlement (OP 4.12). This policy calls for preparation of Resettlement Action Plans prior to any land taking and execution of any involuntary resettlement. The resettlement action plans constitute a prerequisite for the Bank s approval of projects and must be detailed and based on census surveys of all project affected peoples (PAP) and their lost properties. This Resettlement Policy Framework has been prepared because details and scope of construction of activities to which it will apply are not available by project appraisal. The activities include the establishment of road safety infrastructure for the existing BRT1. The Dar es Salaam city is Tanzania s largest city, which is also a business hub of the country. The city has functioned as a capital of the country with government and private sector offices and industries making it one of the fastest growing cities in the East African region. The population of the city and the import of vehicles are growing exponentially while the infrastructures have been growing at a stagnant pace. This has contributed to the traffic chaos in almost every corner of the city and the situation is worse during AM and PM peak hours. To alleviate the traffic congestion in the city the Government of Tanzania (GoT) has embarked on a program for development of the transportation system that includes road widening schemes and establishment of a Bus Rapid Transit (BRT) network. The Dar Rapid Transit Agency (DART) plans to implement a total of six phases of BRT trunk corridors (Figure 1) as a step forward in upgrading the public transport system from the current mini-buses (Daladalas) to high quality bus-based mass transit system.
7 1.2 Brief Description of the Dar Es Salaam BRT System (DART) 1. Dar Bus Rapid Transit system (DART) is a bus-based mass transit system that essentially follows the performance and characteristics of a modern 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 23 Km/h. The location of the project within Dar Es Salaam, distinguishing Part of Phase I to IV of BRT is as indicated in Figure 2 below: Figure 1: Proposed BRT Corridor 2. The first phase of the BRT system was implemented under the IDA s Second Central Transport Corridor project (P103633). The first phase comprised of 20.9 kilometers of a trunk corridor with two lanes of Ordinary Portland Cement Concrete pavement for segregated exclusive bus lanes at the center (with overtaking lanes at stations); four lanes of asphalt concrete pavement mixed traffic lanes; bicycle lanes, and pedestrian walkways. Other infrastructure pieces included five terminals, one bus depot, 27 stations, and four feeder-transfer stations. The system is being operated through a trunk-feeder arrangement with a capacity of carrying about 400,000 passengers per day. The implementation of infrastructure for the second phase of the BRT system is ongoing through AfDB support. 3. The Dar es Salaam Urban Transport Improvement Project (DUTP) is going to support the implementation of BRT phases 3 and 4; improvement of a major intersection (Ubungo) along the BRT phase 1 corridor; and institutional strengthening and transformation. Figure 2 below indicates the corridors to be executed by DUTP.
8 Figure 2: Location of DUTP within Dar es Salaam 4. The Project supports the implementation of infrastructure of the third and fourth phases of the BRT system in Dar es Salaam city; integrated private operations for the phases 1, 2, 3, and 4; the implementation of an overpass at the Ubungo intersection along with improvement of infrastructure of the Ubungo upcountry bus terminal. Other areas include the infrastructure for efficient passenger integration between the BRT system and Ubungo upcountry bus terminal users as well as Kivukoni ferry terminal passengers. Other areas include additional bicycle, traffic management and pedestrian safety infrastructure along the BRT phase 1 (including Kimara Mbezi feeder route); performance based maintenance of the BRT phase 1 infrastructure; and improvement of traffic management infrastructure along the Kimara Mbezi feeder route. The Project will also support the strengthening of public transport institutions and regulatory framework through establishment of DUTA, strengthening of SUMATRA and transformation of DART agency. Finally, the Project, will support the introduction of ICT innovations in public transportation system in Dar es Salaam through creation of an open-data in public transportation and the integration of transit and land-use plans (pedestrian and transit oriented developments) along the BRT corridors. 5. The Project is organized around the following three components: (i) implementation of the third and fourth phase of the Dar es Salaam BRT system; (ii) improvement of the Ubungo intersection and complimentary infrastructure for BRT phase 1 system; (iii) Institutional Strengthening, ICT Innovation, and Safety net.
9 6. Component A implementation of the third and fourth phases of the Dar es Salaam BRT system). The Project will support the construction of the (i) 23.6 kilometers of the BRT phase 3 trunk corridor from the Central Business District (CBD) through the Julius Nyerere International Airport (JNIA) to Gongo la Mboto area along the Nyerere and Uhuru roads and (ii) 25.9 kilometers of the BRT phase 4 trunk corridor from Tegeta to the CBD through Ali Hassan Mwinyi road including a branch line from Mwenge to Ubungo along Sam-Nujoma road. The Project will also support a competitive process for procurement of the operator(s) of the BRT system; urban planning and land-use integration. 7. The establishment of the BRT Phase 3 system will include construction of infrastructure along the 23.6 kilometers corridor. The infrastructure will include a BRT trunk corridor; three terminals; one bus depot; three feeder-transfer stations; 25 BRT stations; and five pedestrian crossing bridges. The trunk corridor will comprise of a middle BRT bus exclusive lanes with one lane in each direction but with overtaking lanes at stations and terminals. The trunk infrastructure will include five pedestrian bridges at the Kisutu market, opposite JNIA, at Buguruni-Rozana, JNIA and Gongo la Mboto. The two mixed traffic lanes will be reconstructed in both directions for the entire corridor (currently only available between the CBD and the airport); and bicycle lanes and pedestrian walkways will be constructed on both sides of the corridor at the outmost. The three terminals will be constructed within the existing Kariakoo hub terminal where all BRT phases integrate, opposite the JNIA, and at Gongo La Mboto. The project will also support the infrastructure for integrating the BRT corridor with the TAZARA central railway station, the JNIA, and vegetable/petty traders markets along the corridor. The BRT bus depot will be constructed at Gongo la Mboto and the three feeder-transfer stations will be located at Jet Club, Banana, and Buguruni Rozana area. Park-and-ride facilities for private car owners are planned to be built near the Jet Club feeder-transfer station and at the Gongo la Mboto terminal. Also the petty traders and vegetable markets at Kisutu, Mchikichini, and Buguruni will be provided with a safe linkage to the BRT corridor. 8. The design of the BRT system has incorporated best practices in Road safety considerations. Therefore the BRT corridor has the following safety infrastructures: five pedestrian crossing bridges at areas with high pedestrian crossing traffic of Kisutu market; Buguruni Rozana feeder transfer station; JNIA terminal (airport integration); Banana feeder transfer station; and Gongo la Mboto terminal. Also, traffic calming (speed reduction) measures were introduced by having raised pedestrian crossings (two at each station), similar to the phase 1 corridor. 9. The establishment of the BRT Phase 4 system will include construction of infrastructure along the 25.9 kilometers corridor. The phase 4 corridor starts from the CBD along the Ali Hassan Mwinyi Road through Morocco BRT terminal to Tegeta with a branch from Mwenge to Ubungo along Sam-Nujoma road. The corridor is well integrated to BRT phase 1 at Ubungo and Morocco terminals and BRT phase 3 at the CBD. Apart from the already existing terminals connecting to the BRT phase 4 line, the
10 corridor requires two additional terminals at Mwenge and Tegeta; and a new bus depot at Tegeta. The conceptual design includes 15 stations. 10. The roadway from Mwenge to Tegeta and Mwenge to Ubungo were recently rehabilitated through JICA and GoT funding, respectively, and both have provided a middle reserve land for the BRT exclusive busways. The section between Mwenge and Morocco was recently repaired by adding additional lane through GoT funding and is planned to be widened to six lanes through JICA funding who are considering to include the BRT infrastructure within the section. The Korea-Exim Bank are also preparing a support for the CBD section at the Selander bridge crossing and approaches of 7 kilometers that will run parallel to the BRT corridor. The designs for BRT phase 4 will be closely coordinated with JICA and Korea-Exim Bank to ensure consistency. The Consultant for detailed engineering design will update the conceptual design and thereafter conduct detailed engineering design and supervision. Once the conceptual design is updated, an independent firm will prepare ESIA and RAP, as needed. The bidding process for construction will only commence (by end of year 2) after completion of designs and disclosure of the ESIA and RAP. 11. When the third and fourth phases of the BRT system becomes operational, the whole BRT system (phase 1, 3, and 4) will be able to carry 895,000 per day. The third phase of the Dar es Salaam BRT system is planned to carry 395,000 trips per day and the fourth phase is expected to carry 168,000 passengers per day both through trunk and feeder arrangements, however, since more than 60% of BRT phase 4 lies along the BRT phase 1 feeder system then a combined phase 1 and 4 will carry 500,000 passengers a day. Apart from services through the trunk system, the BRT phase 3 and 4 will provide feeder services along 49.7 kilometers through five feeder routes. The feeder routes for BRT phase 3 are as follows: Buguruni Rozana to Tabata (13km), Jet Club Vingunguti Tabata (9km), Jet Club Buza (11.1km), Banana Kitunda (7km), and Gongo la Mboto Pugu Kajiungeni (9.6km). The trunk bus operations of the BRT phases 3 and 4 system will be conducted by three BRT bus operators, while the feeder systems will be operated by transformed Daladala feeder companies/cooperatives. 12. The BRT phase 1 operation contract for automated fare collection system (AFCS) and intelligent transportation System (ITS) will be scaled up to cover operations of the four phases. The fund manager s contract for BRT phase 1 will also be scaled up to cover phases 2, 3 and 4. The DART agency, through support from the Transaction Advisors, will be the contracting authority for system operations. The BRT phase 3 will have two bus operators operating a total of 123 articulated trunk buses (each 18 meters long with a capacity of carrying 140 passengers) and 84 feeder buses (each 12-meter long with a capacity of carrying 80 passengers). The fourth phase will have 80 trunk and 60 feeder buses. The third phase of the BRT system will replace 89 Daladala routes. 13. The project will also support the establishment of traffic control center that will cover the four BRT corridors. The control center is to be housed at the DART control center that will be constructed at Kariakoo. The support will include installation of traffic
11 control systems, Intelligent Transportation system (ITS), CCTV cameras within the BRT corridor, control center help desk, and linkage to the road safety database. 14. Development of urban plans and land use designs: To ensure maximum benefit of the public transport system, the project will support the development of urban plans and land use designs within the influence area of the BRT corridor. The project will provide the city with the following tools: (i) a transit-oriented Corridor Development Strategy and (ii) Station Area Circulation and Accessibility Plans. The principles of the Corridor Development Strategy developed for BRT phase 1 corridor 1 will be applied to BRT phases 3 and 4 corridors. This will enable city authorities to manage land use demand along the corridor in a manner that will increase BRT ridership and decrease traffic congestion and sprawl. The Station Area Accessibility Plans will identify the essential pedestrian infrastructure that will be supported by the Project for secure pedestrian access to BRT station and terminals. 15. Preparation of Integrated Land Use and Transport Plans for the BRT Phase 3 and 4 Corridors. The establishment of the high capacity public transit services in Dar es Salaam such as the BRT will significantly improve mobility and competitiveness of the city. It will also generate interest and investment in the land and properties along the corridor of the BRT by households, traders and businesses who are seeking high quality transport services and who identify economic opportunity in the concentration of transport commuters and residents. These development pressures can create numerous positive outcomes such as an increase in building stock, land values, tax collections and BRT ridership. However, they can also lead to unintended negative outcomes such as a decrease in housing affordability or an increase in pedestrian safety incidents and urban sprawl. It can even induce more traffic congestion if large buildings are located too close to BRT stations and street traders encroach the road space. 16. In response to the above mentioned issues, the DUTP intends to support the preparation of Integrated Land Use and Transport Plans that will enable city authorities to: (a) guide the detailed development and mixed use densification of real estate along the BRT phase 3 corridor, and (b) identify essential infrastructure that will ensure the safe pedestrian access to BRT stations and terminals. The plan will further include recommendations to better utilize the network of local roads that branch out from the BRT trunk line as well as management approaches to retain Street vendors in safe locations away from the roadway and BRT platforms. Realization of this strategy will maximize the benefits of this significant transport investment. It can also improve the financial sustainability of the BRT services by increasing fare box and tax receipts, but also by identifying alternative business revenue sources that can be obligated to BRT operational costs. These examples might include joint land development activities, special development district or transport access impact fees, revenue or tax sharing agreements, and fiscal transfers. 1 The IDA s Dar es Salaam Metropolitan Development project (DMDP) is currently supporting the development of a Corridor development strategy for BRT phase 1 corridor including TOD guidelines for Dar es Salaam city.
12 17. Furthermore with the development of the BRT lines, an increase in the intensity of activities and developments, and associated land value increases are expected along the BRT corridors. The corridors hold significant opportunities for the public and private sectors to invest in urban development to seek more effective use of the land along the corridor. It is important to consider, from this early stage, an integrated approach to land use and transport for the corridor to better guide its development. This will allow maximization of the benefits capitalizing on this BRT lines. This component, through integrated planning and technical support, will help to maximize the benefits of the phase 1 BRT system and assist with developing priority nodes, encourage potential redevelopment opportunities and private sector investments along the corridor and promote appropriate urban design measures, densification and mix of uses. 18. As part of the preparation process, the Consultant will need to: (i) conduct baseline studies, (ii) develop an integrated corridor development vision, and (iii) establish and prioritize a list of development concepts and alternative options in consultation with the city and relevant stakeholders. The strategy should be developed through a participatory approach and according to the relevant statutory requirements for urban planning. It should incorporate concepts of Transit Oriented Development (TOD), Pedestrian Oriented Development (POD) and focus on Last Kilometer connectivity and multimodal integration measures. The plan must additionally connect with the broader urban redevelopment objectives of metropolitan area as well as the TOD Guidelines that will be prepared by the World Bank funded DMDP Project. 19. Component B - Improvement of the Ubungo intersection and complimentary infrastructure for BRT phase 1 system.the Project will support the construction of an interchange at the Ubungo intersection to improve the traffic flow. Apart from the interchange, the Ubungo upcountry bus terminal will be improved and the BRT depot platform will also be constructed behind the upcountry bus terminal and a new road connecting the Ubungo BRT depot to Sam Nujoma road to integrate the upcountry bus terminal/brt depot with the BRT phase 1 corridor. Additional pedestrian and cyclist infrastructure will be introduced along the BRT phase 1 corridor for about two kilometers from Kibo to Kimara, and the traffic management measures will be supported along the Kimara Mbezi feeder route for safety and congestion reduction. The component will also support the rehabilitation of 500m section of Obama road and provide a safe passenger integration of the Kivukoni ferry terminal with the Kivukoni BRT terminal. 20. The project will support the construction of a flyover interchange at the Ubungo intersection. The junction is an important intersection of Morogoro Road (BRT phase 1 trunk corridor); Nelson Mandela road (access to port and BRT phase 5 trunk corridor) and Sam Nujoma Road (BRT phase 4 trunk corridor). The separation of conflict points at this traffic bottleneck will improve the traffic flow for the freight cargo to and from the Dar es Salaam port and along the BRT phases 1 and 4 corridors. This activity was identified as part of comprehensive metropolitan transport network analysis produced in 2007/8 as part of the JICA funded Dar es Salaam Transport Policy and Systems Development Master Plan. This analysis involved the collection of traffic volume counts
13 at 30 intersections across the city and travel time surveys of the five arterial corridors. With this information intersection sufficiency / volume to capacity calculations were prepared in order to prioritize the city s intersections for redevelopment based on design constraints and traffic demand projections. Figure 2.4, shown below, illustrates the results of these surveys and analyses. Using a multi-criteria analysis methodology, the 2007/8 Transport Master Plan identified three locations as the most distressed and economically important for the port and commercial freight vehicles. These were the Mwenge, Tazara and Ubungo Intersections. Due to the situation described above, this Resettlement Policy Framework must be understood as applicable to the DUTP project as a whole, and provides the governing rules and guidelines according to which Resettlement Action Plans (RAP) will be prepared for each project component for additional infrastructure for which no RAP was earlier prepared. OBJECTIVES AND PRINCIPLES 1.3 Objectives The objective of this Resettlement Policy Framework Plan is to establish a procedure for resolution of displacement, resettlement and indemnification issues resulting from land acquisition implications for the implementation of DUTP activities as described above in Section 1.2, ensuring that displaced persons are left no worse off than they were before commencement of the project due to loss of land and other properties on that land as well as other livelihoods. The RPF provides guidance on the preparation, implementation, monitoring and reporting of site specific compensation or resettlement action plans whatever applies and is intended to be an agreed commitment by the parties responsible for implementation of the involuntary resettlement. Whereas the RPF focuses on the establishment of guidelines, entitlements and procedures, individual RAPs will include the results of detailed census, property surveys and socio economic surveys, and will thus: o Identify, as far as possible, people and economic activities currently occupying the right-of-way (ROW) along DART Phase I, III & IV and others who will suffer losses; o Provide a general socio-economic profile of the people living in areas where displacement will occur; o Quantify displacement needs;
14 o Define entitlements of each affected party (PAP); o Establish the detailed implementation, monitoring and reporting arrangements and schedule; o Outline and establish Grievance redress mechanisms o Provide a detailed budget. Jointly, this RPF and associated RAPs for DUTP including D A R T P h a s e III and IV will consolidate all social compensation and assistance measures in favor of people and economic activities directly affected by DUTP implementation. Thus, whereas the RPF and RAPs are presented as stand-alone documents, they should be understood as an integral part of DART Phase III and IV (and other DUTP components) Environmental and Social Impact Assessment (ESIA) and, together with other mitigation and compensation programs proposed in that assessment, constitute a comprehensive set of measures that adequately address and manage the environmental and social impacts of this DART system. 1.4 Basic Principles The indemnification, c o m p e n s a t i o n a n d resettlement a s s i s t a n c e a c t i ons and measures included in this RPF will jointly ensure the provision of timely and fair compensation, with the ultimate goal that all displaced persons or activities will be compensated so as to at least restore their pre-project living standard levels or even improve the standards. Displacement to be considered may be physical, economic, social or cultural, resulting in relocation or loss of shelter, loss of assets or access to assets important for production, loss of income source or means of livelihood, or loss of access to locations that provide higher incomes or lower expenditures to business people. In these terms, displacement may occur even when affected people are not required to physically relocate from affected land. Further to displacement compensation as per the requirement specified above, this RPF adopts the following basic principles: o o Equitability will be guaranteed through transparency of eligibility criteria and procedures for valuation of compensation and allowances, ensuring that all PAP are treated alike with respect to each entitlement they are eligible for. All people affected will be informed in a timely, correct and transparent manner
15 about their rights and about their options concerning resettlement, and will have freedom to choose among the options presented. o o o o o o o Affected people will be provided with opportunities to participate in the planning, implementation and monitoring process of the resettlement through public consultation mechanisms. Affected people will receive assistance and support during the transition period. Vulnerable PAP (handicapped, elderly and others) will be identified and will be eligible for special assistance. To the extent possible, relocated people and activities will be given an opportunity to resettle at legally designated or regular locations. Resettlement schedules will be compatible with project implementation schedules and this will ensure that the relocation of people and activities does not happen before the necessary steps are taken (payment of due compensation, identification of suitable resettlement options, etc.) and that adequate time is granted for individuals to relocate and salvage their materials where it applies. As possible, project affected people (PAP) shall be given the opportunity to share the benefits resulting from project implementation for example getting employment at work sites, etc. In case of conflict or inconsistency between the Tanzanian legislation and World Bank OP 4.12 with regard to involuntary resettlement, this RPF provides procedures for bridging the gap, and whichever is more beneficial to the project affected people applies. 1.5 Types of Land Use Interference Created by the Project (DUTP) and Adjustments to Avoid, Minimize and Compensate Properties to be affected by the DUTP are generally only partially affected since marginal widening of the right-of-way is necessary along most of the corridors alignments. However, at station and terminal locations more significant expropriation becomes necessary and hence some properties will need to be purchased completely and the occupants displaced. Front of building commercial activities are the most affected type of land use. These are distributed with variable density along the project corridor alignments. Higher densities occur where the existing right-of-way has attracted commercial ribbon developments around it. Typically, these ribbon developments are comprised of a large amount of small verandah e x t e n s i o n s or permanent kiosks attached to the main buildings. However, frequently the front section of the main building is also
16 used commercially. Some medium sized commercial activities are also affected as are several petrol stations. Residential land uses along the corridors are also affected, though much less frequently than commercial uses.it is worth noting that besides buildings and land uses occupying plots adjacent to the corridor rights-of-way, several informal uses of the rights-of-way as such will also be interfered with. These are very diversified. Many abutting shops use the right-of-way to display merchandise (furniture stores, used car dealers, other). Left over spaces are used as taxi spots, daladala parking areas or construction truck spots. Transient street vendors still occupy significant parts of the right-of-way at some locations. Street vendors with fixed kiosks are sparse but are also present in some few areas. All these kinds of informal use of the corridors rights-of-way will be partially affected or displaced with the project implementation. Several project adjustments have been incorporated in order to minimize the need for expropriation and involuntary resettlement. Where this cannot be avoided, compensation will be effected. Standard cross sections were initially established for the DART project for two situations: cross section along the corridor, and standard cross section at bus stations, where the right- of-way needs to be wider. Basic design guidelines adopted in each case were the following: Standard cross section along the corridor: o o o Road shall have dual carriage way of four lanes (2x2) for mixed traffic and two lanes (1x1) for BRT vehicles. The minimum width of mixed traffic lanes will be 3.0 m and minimum width of BRT Vehicle lanes will be 3.3m Sidewalk and bicycle lanes shall be provided in both directions whenever possible, with 2.5 m minimum width for sidewalks and 1.5 m wide bicycle lanes. Standard cross section at bus stations will include additionally: o 5.0 m wide station at the centre of the cross section. o o Two (1x1) additional lanes for BRT overtaking vehicles. 0.3 m wide median between bus lanes and private cars. The standard cross sections are illustrated in Figures 3 and 4 b e l o w. As may be noted, these standard sections result in total width of 38.5 m along the corridor and 49.0 m at bus stations. However, where this space is not available, several design compromises were adopted along the corridor s alignment in order to minimize interference with adjacent land use. These compromises included reduction in the
17 number of lanes for general traffic, narrowing of lanes, bikeways and sidewalks among other. A detailed description of the project s cross sections as adjusted to each segment of the corridor is included in the project s Environmental and Social Impact Assessment (ESIA) Figure 3: Cross Sections at Stations
18 Figure 4: Cross Sections at Stations Given the existing conditions and having in mind that on average people are willing to walk 300 meters to attend public transportation, stations were located on average 500 m apart from each other. In some cases in which a station is not required due to insufficient demand or because of physical constraints, this separation was increased, in other cases it was reduced. Thus, location of stations, which is where resettlement needs concentrate, has been adjusted as much as possible in order to minimize interference with existing land use. Some expropriation will also be necessary at the location of terminals, but this has also been minimized through adaptation of each terminal s functional design. The DART technical design has also avoided impacts on expensive, historical and religious structures to minimize resettlement and social impacts and conflicts. This required reduction of sidewalks and bikeways in some areas. As a result of the planning and engineering adjustments described above, the most substantial types of resettlement necessary for the project s implementation relates to small business premises in the front of properties abutting on the corridors (mainly small structures extending forward). However, several mediumsized businesses and residences are also affected.
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20 2 LEGAL AND POLICY FRAMEWORK 2.1 Land Tenure and Legal Status The legal framework for resettlement is first and foremost based on the following articles of the Constitution of the United Republic of Tanzania (1977): o o Article 24 (1): Subject to provisions of the relevant laws of the land, every person is entitled to own property, and has a right to the protection of his property held in accordance with law. Article 24 (2): It shall be unlawful for any person to be deprived of property for the purposes of nationalization or any other purposes without the authority of law which makes provision for fair and adequate compensation. Therefore, payment of compensation is both a legal and constitutional right under Article 24 of the Constitution. Further to the Constitution, the following are the main legal instruments affecting property acquisition and resettlement in Tanzania: o Land Acquisition Act No 47 of 1967. o Land Act No 4 of 1999. o Village Land Act No 5 of 1999. o Complementary regulations issued in 2001. The legal basis for compensation / acquisition of private properties or right-of-ways for infrastructure and other development projects is contained mostly in Land Act No. 4 of 1999, Village Land Act No. 5 of 1999 and Land Acquisition Act No 47 of 1967. Land Act No. 4 of 1999 is basically about land tenure and land rights, but also addresses issues of compulsory acquisition, mortgages and regularization of unplanned areas. Land Act No 4 of 1999 and Village Land Act No. 5 of 1999 and their respective Land and Village Land Regulations, including in particular Supplement No. 16 of 2001, govern the procedures for assessment and payment of compensation for land and unexhausted improvements, loss of accommodation, loss of profit, disturbance and transport. Section 3 (1) (a) of Land Act No. 4 of 1999 establishes that all Land in Tanzania is public land. Therefore, private land as such does not exist. Occupancy of Land by
21 individuals is granted legally through a grant of a right to occupancy. The Government leases Land under the Right of Occupancy system for varying periods at economic ground rents. Such rent is reviewed periodically (normally at 10 yearly intervals). The ground rent paid in respect to government Right of Occupancy is the Land Rent levied under section 7(2) of the Land Ordinance. All urban land in Tanzania is liable to a payment of Rates in lieu of Land Rent as per the Urban Authorities (Rating) Act of 1983. Further to Public Land, the Land Act recognizes Village Land and other forms of customary tenure. Section 3 (1) (f) of Land Act No. 4 of 1999 provides that interest in Land has value and that value must be taken into consideration in any transaction affecting Land. Therefore the, acquisition of Land will include compensating owners for bare land in addition to unexhausted improvements. Sub-paragraph (g) of the same section provides that full, fair and prompt compensation has to be paid to any person whose right of occupancy or recognized long-standing occupation or customary use of land is affected or interfered with to their detriment. Thus, compensation for land in project-affected areas (which are urbanized and over which no customary forms of tenure prevail), is forthcoming only where its occupancy has been legally granted or is longstanding. However, in recognition of the existence of informal types of tenure in urban areas, the Land Act provides for the validation of interests in land other than a granted right of occupancy (s. 53-55). In order to address the question of many people acquiring and occupying urban land otherwise than through a granted right of occupancy, the act introduces the concept of a residential license as a derivative right (section 23 of the Act). Any person who at the commencement of the act (1999) has occupied land in an urban area or peri-urban area as his home for no less than three years, without any officially granted right of occupancy, can receive a residential license and is entitled for compensation of land should it be required for a public purpose. Residential licenses have limited validity (maximum of two years) and need to be continuously renewed. 2.2 Property Valuation Norms Valuation Methods are established in Land Act No. 4 of 1999. Land This type of compensation applies to all affected households that hold officially granted rights of occupancy or alternatively possess a residential license. Compensation is forthcoming regardless of whether there is need for resettlement or the affected party opts to rearrange within the remaining plot.
22 In accordance with section 3 of the 2001 Regulations of Land Act No. 4 of 1999 the basis for assessment of the value of lands affected by the project is the market value of the respective land. Buildings In the case of buildings, local practice in Tanzania adopts estimate of surrogate market value through Replacement Cost Methods. This method establishes the price on the basis of the estimated cost of erecting a similar unit at today s price. The observed condition of the building is taken into account and is used as a basis to allow depreciation to be discounted from the Replacement Cost figure in order to establish what would be the likely price a person may be prepared to pay for the subject property if given opportunity to buy. The Depreciated Replacement Cost thus obtained is considered to be equal to Market Value. In cases where more than 50% of a property is affected, compulsory expropriation of 100% proceeds and valuation needs to proceed accordingly. 2.3 Other Legally Established Indemnification and/or Compensation Regulations of Land Act No. 4 of 1999, made under Section 179 of the Land Regulations which became operational in May 2001, contemplate several complementary compensation allowances for which expropriated parties are eligible. These include: o o o o Disturbance allowance; Transport allowance; Loss of profit or accommodation allowance; Accommodation allowance. Disturbance Allowance is payable as a percentage of property valuation in compliance to the provisions of Act No. 4 of 1999. The percentage is the average commercial bank rates offered on fixed deposits during 1 year. In accordance with Section 11 of the Regulations of Land Act No. 4 of 1999, a transport allowance is paid to all project-affected persons that will need to be displaced. The payment is intended to meet transport cost incurred by property owners. It is specifically noted that valuers may apply this compensation to all properties, i.e. to the vast majority of those who will not be resettled. It may also be applied to tenants. Transport allowance is computed on the basis of market rates for
23 transportation services within the project area, considering the average cost of transporting 12 tons over a distance of 20 Km. In accordance with Section 9 of the 2001 Regulations of Land Act No. 4 of 1999, the net monthly profit obtained from businesses associated with the affected properties needs to be assessed. Audited accounts need to be analyzed as proof of declared profits. In the absence of audited accounts, valuers can establish loss of profit compensation on the basis of official guidelines. In this case, the amount allowed by valuers does not exceed one million shillings per annum. Compensation is forthcoming on the basis of estimated loss of profit over a 36 month period. This calculation can apply also to businesses that are only temporarily affected during the project s construction phase. This compensation will be made to all businesses regardless of the status (owner or tenant) of the affected building. However, in the case of businesses that occupy own premises, accommodation and disturbance allowance is paid and this is understood to incorporate loss of profit. As long as the respective business is affected by the project, the loss of profit shall be exclusively and directly paid to the person who loses his/her business premises. Accommodation allowance applies to all structures or portions of structures that are to be demolished, regardless of whether resettlement is required or not. This allowance is meant to compensate affected peoples for the costs incurred during the period when construction of new structures is under way. In accordance with Section 8 of the 2001 Regulations of Land Act N o 4 of 1999, accommodation allowance is calculated on the basis of monthly rent multiplied by 36 months. Monthly rent is equivalent to the market rental value of the affected part of the property per month. 2.4 Tanzania Legal and Regulatory Requirements and Comparison with WB OP 4.12 Gap Analysis Based on review of pertinent Tanzanian legislation (Sections 3.1 through 3.3) and criteria adopted in the World Bank s OP 4.12, the following main gaps have been identified and will be closed as shown in Table 1 below: Table 1: Comparison of Tanzanian and World Bank Policies on Resettlement and Compensation Comparison of Tanzanian and World Bank Policies on Resettlement and Compensation Types of affected Persons/Lost Assets Land Owners Tanzanian Law World Bank OP 4.12 The Land Acquisition Displaced persons Act, the Land Act are classified into 1999 and the Village three groups: Comparison/Gaps There is no gap between Tanzania and
24 Comparison of Tanzanian and World Bank Policies on Resettlement and Compensation Types of affected Persons/Lost Assets Tanzanian Law World Bank OP 4.12 Land Act 1999 have it (a) those who have clearly that land formal legal owners, with or rights including customary and without formal legal traditional rights; rights, are entitled to (b) those who do full, fair and prompt not have formal compensation. They legal rights to also get disturbance the land but allowance, have a claim to The law does not such land or assets provided cover economic and that such claims social impacts of are recognized relocation and as under the law of such socio-economic the country surveys are not part (c) those who have of the land acquisition no legal rights to process the land they are occupying Land owners under categories (a) and (b) above, are among the PAPs who are entitled to full, fair and prompt compensation for land as well as other relocation assistance. Socio-economic impacts to PAPs are taken into consideration in preparing the RAP Comparison/Gaps OP 4.12 as far as those with formal legal rights are concerned WB OP 4.12 recognizes a wider spectrum of PAPs compared to Tanzanian law including tenants and squatters who do not have legal rights to the land they are occupying. WB OP 4.12 includes squatters among the PAPs who are entitled to compensation for using the land and resettlement assistance in lieu of the land they occupy, as well as other assistance. 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 standard of living and seeks to improve them or at least to restore them to predisplacement levels Under this RFP land acquisition will consider the Tanzania valuation process as well as the O.P 4.12 requirements and compensate for the
25 Comparison of Tanzanian and World Bank Policies on Resettlement and Compensation Types of affected Persons/Lost Assets Tanzanian Law World Bank OP 4.12 Comparison/Gaps land as well as disturbance costs and provide assistance to those that do not own the land they occupy. Land Tenants/Squatters/Encroachers Tanzanian law does not recognize tenants as being entitled to compensation Squatters may be paid compensation on the whims of the government. E.g include those who construct on road reserves are not paid Land Users Tanzania law on compulsory acquisition and compensation is limited to those who can prove de jure or de facto land ownership. Users are not covered Tenants would be under category (b) above and are among the PAPs who are entitled to full, fair and prompt compensation and other relocation assistance Squatters may fit category (c) above and are provided resettlement assistance in lieu of compensation for the land they occupy as well as other relocation assistance and compensation for lost assets. WB OP 4.12 includes displaced persons who have no recognizable legal right or claim to the land they are occupying WB OP 4.12 recognizes a wider spectrum of PAPs. The Tanzania spectrum is limited to those who can prove proprietary rights. It does not include tenants WB OP 4.12 includes squatters and tenants among the PAPs who are entitled to resettlement assistance in lieu of the land they occupy, as well as other assistance. This is different from the Tanzanian situation where people who do not have legal right of the affected land are not entitled to any assistance. Under this RPF tenants and squatters will be considered as per OP4.12: however illegal owners /encroachers will not be entitled for compensation of land.
26 Comparison of Tanzanian and World Bank Policies on Resettlement and Compensation Types of affected Persons/Lost Assets Owners of non-permanent buildings Owners of permanent buildings Timing of compensation payments Tanzanian Law World Bank OP 4.12 Tanzanian law makes no differentiation between owners of permanent and non- As long as ownership can be proved compensation is payable. Determination of compensation is based on the market value of the property. In practice though, the depreciated replacement cost approach is used, meaning that PAPs do not get the full replacement cost of the lost assets. Tanzanian law requires that compensation be full, Under the WB OP 4.12 permanent and non-permanent buildings need to be compensated. Where however, the displaced persons have no recognizable legal rights they are to be provided with resettlement assistance in lieu of compensation for the land they occupy, as well as other assistance and compensation for assets.. Cash compensation levels should be sufficient to replace the lost land and other assets at full replacement cost in local markets without depreciation. WB OP 4.12 displaced persons are provided Comparison/Gaps They will be given resettlement assistance which is in fact the disturbance allowance that caters for their rent in the new found premises, etc., that is provided under the Tanzania guidelines. The gap between Tanzania and WB OP 4.12 is about eligibility, which is hinged upon formal ownership. While, in Tanzania, compensation is based on market value, determined using the depreciated replacement cost approach for developments on land, WB OP 4.12 requires that compensation should be sufficient to replace the lost land and other assets at full replacement cost. Under this RPF the full replacement values will be the practice. In terms of timing, both Tanzanian laws and WB OP 4.12 require that
27 Comparison of Tanzanian and World Bank Policies on Resettlement and Compensation Types of affected Persons/Lost Assets Calculation of compensation and valuation Tanzanian Law World Bank OP 4.12 fair and prompt. prompt and Prompt means it effective should be paid within compensation at six months, failure to full replacement do which attracts an cost for losses of interest rate assets directly equivalent to the attributable to the average rate offered project before any by commercial banks civil work starts on fixed deposits. Legally, compensation for the acquired land does not have to be paid before possession can be taken. In practice, compensation is not paid promptly most of the time, and delays are not rectified paying the interest rate as required by the law 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 inland shall include the value of unexhausted improvements, disturbance allowance, transport allowance, accommodation WB OP 4.12 requires that the 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 Comparison/Gaps compensation be paid promptly. This however, rarely happens in practice as can be testified from many projects that have involved large scale land acquisition. OP 4.12 requires payment of compensation and other assistance prior to displacement. This RPF will comply with the requirements of OP 4.12. and compensate the affected people prior to both their displacement and the start of civil works.. 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