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THE UNITED REPUBLIC OF TANZANIA

MINISTRY OF JUSTICE AND CONSTITUTIONAL AFFAIRS

TANZANIA ACCOUNTABILITY, TRANSPARENCY ANDINTEGRITY PROJECT

Resettlement Policy Frameworkfor the Infrastructure Development Programme

Final Report

SAMAKICON5ULTANT5

October 2005

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The Government of the United Republic of Tanzania Resettlement Policy Framework

Tanzania Accountability, Transparency and Integrity Project

TABLE OF CONTENTS

Table of Contents ......................................................... i

List of Acronyms ........................................................ ii

Acknowlegment ........................................................ iii

Executive Summary ........................................................ iv

Chapter 1: Introduction ......................................................... 1

Chapter 2: Project Description ................. 4.......................................4

Chapter 3: Principles and Objectives Governing Resettlement and CompensationPreparation and Implementation ........................................................ 10

Chapter 4: Methodology Used to Prepare the Resettlement Policy Framework. 13

Chapter 5: Process for Preparing and Approving Resettlement andCompensation Plans ........................................................ 15

Chapter 6: Land Acquisition and Likely Categories of Impact ............................ 18

Chapter 7: Eligibility Criteria for Defining Various Categories of Project AffectedPersons ........................................................ 20

Chapter 8: A Legal Framework Review of the Fit Between the Laws andRegulations of Tanzania and Bank Policy Requirements ................................... 22

Chapter 9: Methods of Valuing Affected Assets ................................................. 26

Chapter 10: Organizational Procedures for the Delivery of Entitlements ........ ... 33

Chapter 11: Implementation Process and Linking Resettlement Implementationto Civil Works ........................................................ 35

Chapter 12: Grievance Redress Mechanisms .................................................... 36

Chapter 13: Arrangements for Funding Resettlement and Compensation ......... 37

Chapter 14: Mechanisms for Consultations With, and Participation Of DisplacedPersons ........................................................ 39

Chapter 15: Arrangements for Monitoring ........................................................ 41

References ........................................................ 44

Annex 1: List of Individuals/institutions Contacted ........................... .................. 45

Annex 2: Institutional Structure of Project Beneficiary Institutions ...................... 47

Annex 3: Detailed ATIP Project Description and TOR ........................................ 50

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LIST OF ACRONYMS

AGC Attorney General ChambersATIP Accountability, Transparency and Integrity ProjectCBP Capacity Building ProgrammeDC District CouncilDEC District Environmental CommitteesDED District Executive DirectorDSEC Designated Sector Environmental CoordinatorsEA Environment AssessmentEIA Environmental Impact AssessmentEMO Environmental Management OfficerESMF Environmental and Social Management FrameworkGOT Government of TanzaniaLGA Local Government AuthorityLGRP Local Government Reform ProgrammeLGSP Local Government Support ProgrammeLSRP Legal Sector Reform ProgrammeMDAs Ministries, Departments and AgenciesMJCA Ministry of Justice and Constitutional AffairsNEMC National Environment Management CouncilNEP National Environmental PolicyNFGG National Framework on Good GovernanceNGO Non-Governmental OrganizationNSGRP National Strategy for Growth and Reductikn of PovertyOP Operational and Procedural PoliciesPAP's Project Affected PersonsPFMRP Public Financial Management Reform ProgrammePO-PSM President Office - Public Service ManagementPSRP Public Service Reform ProgrammeRAP Resettlement Action PlanREME Regional Environmental Management ExpertRPF Resettlement Policy FrameworkSEC Sector Environment CoordinatorTBA Tanzania Building AgencyToR Terms of ReferenceVEO Village Executive OfficerVPO Vice President's OfficeWDC Ward Development Committee

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ACKNOWLEGMENT

This Resettlement Policy Framework (RPF) report was produced for the Ministry ofJustice and Constitution Affairs, the Judiciary and President Office - Public ServiceManagement.

A team of consultants participated in the preparation of this framework document underthe auspices of SAMAKI CONSULTANTS Ltd: Ms. Saada K. Juma (Team Leader) andMr. Bashiru Abdul both from AGENDA for Environment and Responsible Development1,and Dr. Mathew Richmond of Samaki Consultants Ltd2.

Acknowledged are the contributions from several government officials especially fromMs. C. Mdundo and Mr. D. Jairo from the MJCA and Mr. A. Mwangwale and Mr. A.Mhina from PO-PSM.

This document is a product of a broad range of stakeholders that were consulted.Special thanks goes to the Dodoma High Court Center Judge-in-Charge, Hon. JudgeS.S. Kaijage; the, Judge-in-Charge Mbeya High Court Center, Hon Judge J.M.Mackanja, Senior Deputy Registrar Court of Appeal of Tanzania, Ms. S. Wambura;Registrar High Court of Tanzania, Mr. A. A. Shayo and the Directors of District andPrimary Courts.

Further, invaluable cooperation and assistance are acknowledged for the DistrictRegistrars and Resident Magistrates-in-Charge as well as various District and PrimaryCourt Magistrates and Registry Assistants and District/Municipal Council officials ofDodoma, Mwanza and Mbeya. Further more special thanks go to government officialsfrom various MDAs in Dar es Salaam (Ministry of Lands, DOE, NEMC, TBA etc) whowere met during field visits conducted in August and September 2005. Their inputs havebeen extensively used in the preparation of this RPF.

Acknowledgement is also given to participants of the review meeting held on 04th

October 2005 at the MJCA who provided valuable contribution to this final version of thedocument.

A AGENDA, Tanzanian Bureau of Standards Complex (Ubungo area) P.O Box 77266 Dar es Salaam, Tel. 222450213,Cell: 0744291997Fax255222450836, Emai:l a enda wbol.co.tz;2 Samaki Consultants Ltd, Mwaya Street, Msasani P.O. Box 77143, Dar es Salaam, Mobile: + 255 748 740254(office); 744 807931 (person); Tel/Fax: + 255 (0) 222137277 (office); Email:. V.i' ! .,..

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EXECUTIVE SUMMARY

In order to meet the objectives of the National Strategy for Growth and Reduction ofPoverty (NSGRP) 2005 - 2010 for improved public service delivery and goodgovernance, and in order to support the implementation of Tanzania's StrategicFramework for Good Governance (NFGG) as well as on-going reforms in publicadministration and services, the Government of Tanzania and the World Bank, incollaboration with other Development Partners are preparing a credit - theAccountability, Transparency and Integrity Project (ATIP) with a view of promoting goodgovernance in the country. The ATIP credit will support four components designed tostrengthen the legal and judicial system, public oversight and watchdog institutions andto enhance public financial accountability and program management and coordination.

The overall objective of the ATIP is to improve outcomes and impacts of developmentprograms on the poor by enhancing the quality of governance.

On the overall ATIP is designed to provide to different institutions implementing theNFGG, technical assistance and other capacity building measures to improve theirperformance. Much of this support will be in the form of consultancies, training,dissemination of information and materials, drafting new laws and procedures,equipment, furniture, vehicles, as well as a fund to support different demand -driveninterventions and some infrastructure development.

The infrastructure development sub-component of ATIP will fund civil works constructioncosts of completely new buildings; extension and rehabilitation of existing building; anddemolition of existing building and construction of new buildings for selected high priorityJudiciary courts including Primary Courts; District Courts; Resident Magistrates' Courts,High Court Centers and the Court of Appeal. The project will also fund construction ofcompletely new buildings for the Ministry of Justice and Constitutional Affairs (MJCA)headquarters and the Law School and construction of a new National Records Centerfor the Records and Archive Division, PO - Public Service Management (PO-PSM).Consequently, much of the infrastructure will be those under the Judiciary.

Currently the three beneficiary institutions are at different levels in the process ofacquiring land for construction of the proposed buildings. The MJCA, and the PresidentOffice, Public Service Management have been allocated plots for construction of the newbuildings; and the Judiciary for the Court of Appeal. Although all concerned plots did notinvolve resettlement/compensation of previous owners/users, it is important for theinstitutions to review the requirements of the Tanzania land laws as well as the principlesand procedures detailed under this RPF to ensure that the process followed in acquiringthe land adhered to Tanzania and WB safeguard policies in the event that theconstruction of the new building leads to unforeseen loss of livelihoods, restriction toeconomic resources and other impacts spelled out in this frameworks. The necessity forland acquisition, compensation and resettlement of people may arise for construction ofcertain Judiciary courts at the different levels: zonal, RMs, district, and primary courts.This is because the Judiciary in many cases does not own land for construction of thenew courts and previous allocations from Land Offices were not considered/pursued. Inview of this, among the project implementing institutions it is the Judiciary that will makemost use of this RPF.

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The preparation of a Resettlement Plan is not required at this stage since the exactlocations are not known at this point in time. Resettlement plans, when required, will bespecific to particular buildings. In line with the Bank's Involuntary Resettlement Policy OP4.12 (Revised April 2004), the Government of Tanzania is required to prepare aresettlement policy framework to be disclosed before appraisal. The resettlementframework establishes the resettlement and compensation principles, organizationalarrangements and design criteria to be applied to the infrastructure projects that will beprepared during project implementation in compliance with the laws of Tanzania and theBank's safeguards policy on involuntary resettlement.

Assessment of potential impacts due to construction of the new court buildings onaccess to assets, and identification of affected groups/individuals, will be undertaken in aparticipatory manner by fully involving all stakeholders with special emphasis on theaffected communities especially the most vulnerable.

The infrastructure project resettlement/compensation plans will be subsequentlyprepared consistent with this policy framework and will be submitted to the Bank forapproval after specific planning information becomes available. All efforts will bedeployed to minimize the need for resettlement in the infrastructure project design stage.

Evaluation and monitoring will be the fundamental components of the ResettlementAction Plan. The arrangements for monitoring would fit the overall monitoring plan of theentire ATIP project, which will be through the project implementing institutions -particularly the Judiciary. To monitor the compensation procedures and rates that mayrequire revision the PCU will implement changes, using feed back from:

(D Indicators monitored by the project implementing institutions (i.e. the Judiciary)to determine whether goals are being met, and

c3 A grievance procedure for the local community to express dissatisfaction aboutimplementation of compensation and resettlement.

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CHAPTER 1

INTRODUCTION

The National Strategy for Growth and Reduction of Poverty (NSGRP) 2005 - 2010 setsout the government's goals, targets and strategies for national development. TheNSGRP recognizes governance issues as one of the key factors that impacts oftennegatively on both income and non-income poverty because bad governance costsproductive time and resources in terms of time lost in pursuing denied or delayed justice.To that effect the NSGRP identifies "Good Governance and Accountability" as a majorcluster of poverty reduction outcomes and sets out goals and action to addressgovernance issues. The focus on good governance centers on effective publicadministration. In this context, NSGRP framework for implementation envisages tosupport the on-going interventions particularly the National Framework on GoodGovernance, and the more specific on-going reforms including Public Service ReformProgramme (PSRP), Public Financial Management Reform Programme (PFMRP), LocalGovernment Reform programme (LGRP) and the Legal Sector Reform programme(LSRP) as measures aimed at contributing, among other things, towards improvedpublic service delivery and good governance outcomes.

In order to meet the above objectives of the NSGRP and to support the implementationof Tanzania's Strategic Framework for Good Governance (NFGG) as well as on-goingreforms in public administration, the Government of Tanzania and the World Bank, incollaboration with other Development Partners are preparing a credit - theAccountability, Transparency and Integrity Project (ATIP) that will strengthenaccountability, transparency and integrity with a view of promoting good governance inthe country. The overall objective of the ATIP is to improve outcomes and impacts ofdevelopment programs on the poor by enhancing the quality of governance.

It is intended that the objective will be pursued, inter alia, through strengthening the legaland judicial system, public oversight and watchdog institutions and enhancing publicfinancial accountability and program management and coordination with a view ofpromoting good governance in the country. The IDA credit will support these fourcomponents and will seek to complement other Development Partner'sprograms/projects in these areas.

Specifically, under the component for strengthening the legal and judicial system, ATIPwill fund construction of completely new buildings for the Ministry of Justice andConstitutional Affairs (MJCA), the Law School and the National Records Center for thePresident's Office - Public Service Management (PO-PSM). The project will also fundconstruction of different courts for the Judiciary involving completely new buildings;extension and rehabilitation of existing building; and demolition of existing building andconstruction of new buildings. Infrastructure development activities of relevancy to thisRPF are those involving construction of new buildings that may involve acquisition ofland and subsequent land compensation hence triggering the World Bank InvoluntaryResettlement Policy 4.12.

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Despites of few identified locations for the construction of the MJCA headquarters, theCourt of Appeal, the Law School and new National Records Center the exact locationsof several other new structures especially for Judiciary are not known at this time. Thusto enable the project implementers especially the Judiciary to address social issuesrelated to land acquisition during the planning stage, the Resettlement Policy Framework(RPF) has been prepared for their use. The document is disclosed as a separate andstand-alone document from the Environment Assessment Framework, by theGovernment of Tanzania and the World Bank. The disclosure will be both in Tanzaniawhere it can be accessed by the public and at the Infoshop of the World Bank and thedate for disclosure must precede the date for appraisal of the project.

The RPF establishes the resettlement and compensation principles, organizationalarrangements and design criteria to be applied to meet the needs of the people who maybe affected by the project. The RPF is prepared to the standards of the Government'sown policy on resettlement and compensation and the policy of the World Bank, OP4.12.

When specific planning information becomes available and the land areas are identified,infrastructure projects resettlement/compensation plans will be subsequently preparedconsistent with this policy framework and will be submitted to the Bank for approvalbefore any land acquisition, resettlement, or any other impact on livelihood occurs.Consistent with the World Bank Operation Policy 4.12 on involuntary resettlement thisresettlement policy framework covers the following sections:

A. Introduction and Project Description.

B. Principles and objectives governing resettlement and compensation preparationand implementation.

C. A description of the process for preparing and approving Resettlement andCompensation Plans.

D. Land acquisition and likely categories of impact.

E. Eligibility criteria for defining various categories of project affected persons.

F. A legal framework reviewing the fit between the laws of Tanzania and regulationsand Bank policy requirements and measures proposed to bridge any gapsbetween them.

G. Methods of valuing affected assets.

H. Organizational procedures for the delivery of entitlements, including, for projectsinvolving private sector intermediaries, the responsibilities of the financialintermediary, the government, and the private developer.

I. A description of the implementation process, linking resettlement andcompensation implementation to civil works.

J. A description of grievance redress mechanisms.

K. A description of the arrangements for funding resettlement and compensation,including the preparation and review of costs estimates, the flow of funds, andcontingency arrangements.

L. A description of mechanisms for consultations with, and participation of,displaced persons in planning, implementation, and monitoring.

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M. Arrangements for monitoring by the implementation agency and, if required, byindependent monitors.

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CHAPTER 2

PROJECT DESCRIPTION

Overall ATIP Components

The project is expected to have the following four components:(i) strengthening the legal and judicial systems;(ii) enhancing public financial accountability;(iii) strengthening oversight and watchdog institutions (OWls), particularly,

supporting the drive to combat corruption; and(iv) improving coordination, management and monitoring and evaluation (M&E) of

Government's programs aimed at enhancing transparency and integrity forgreater accountability.

Thus, the project will have four main components based on - and named according tothese four result areas. Details of the individual components are fully described in annex7.ATIP is designed to provide to different institutions implementing the strategic frameworkfor good governance, technical assistance and other capacity building measures toimprove their performance. Much of this support will be in the form of consultancies,training, dissemination of information and materials, drafting new laws and procedures,equipment, furniture, vehicles, as well as a fund to support different demand -driveninterventions and some infrastructure development. Of relevancy to this RPF are theinfrastructure development interventions for the Judiciary and Ministry of Justice andConstitutional Affairs (MJCA under the component for strengthening the legal andjudicial systems and construction of the National Records Center for PO - Public ServiceManagement (PO-PSM) under component two. Much of the buildings supported underATIP will be those of the Judiciary.

Infrastructure Development Interventions Under A TIP

The JudiciaryThe Judiciary is presently operating (about 90%) in buildings owned by othergovernment departments mostly in local government buildings, while others operatefrom private houses, or in houses belonging to other institutions etc. Furthermore,different courts are housed within one building whereby at one High Court Zone Centeryou find the high court, court of appeal, RM court, and the urban district court. There areseveral new districts that do not have any court buildings and operate from old districts;or situations where the court building is located in a remote area with no supportingfacilities. This means quite a big number of new structures will need to be constructed.These have been accorded 1 5t priority.

Administratively, the Judiciary operates at various levels: central, zonal, regional, anddistrict and ward level whereby each level has courts designed to handle particular typesof cases. Thus, ranking of construction/rehabilitation measures for courts in the differentRegions in mainland Tanzania was undertaken based on several criteria (i.e. conditionof existing court buildings, remoteness of location of court buildings, ownership ofbuildings housing the courts, number of court cases/rate of crime in a locality and cost ofconstruction/rehabilitation) and prioritization has been assigned accordingly to enable

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phased implementation. With adoption of an up-scaling strategy, ultimately the projectwill cover the whole country. At the moment support is likely to coverconstruction/rehabilitation of selected high priority courts. According to the projectfeasibility study3, the Judiciary structures will be completely new buildings; extension andrehabilitation of existing building; and demolition of existing building and construction ofnew court buildings.

Completely new buildingsUnder the first phase the following completely new Judiciary buildings will beconstructed:1. Court of Appeal: two winged building with one wing four storey block and second

wing six-storey block to accommodate all offices of court of Appeal and chambers ofChief Justice and chambers of Judges of Court of Appeal. Estimated to cost Tsh.4,233 mill.

2. High Court Centers: centers with more than 1,400 filed cases per year werecategorized as 15t priority. The high court centers in 13 regions which require newbuildings are i) Dar es Salaam, ii) Morogoro, iii) Kibaha, iv) Lindi, v) Mtwara, vi)Singida, vii) Shinyanga, viii) Dodoma, ix) Manyara, x) Kigoma, xi) Musoma, xii)Tabora and xiii) Moshi. Each center will be a three-storey block, costing Tsh. 1,812mill.

3. Resident Magistrate (RM) Courts: the most, active resident Magistrate courtscategorized as 1st priority are: i) Dar es Salaam, ii) Arusha, iii) Mwanza, iv) Moshi, v)Bukoba, vi) Mbeya, vii) Tanga, viii) Tabora, ix) Shinyanga, x) Musoma, xi) Morogoro,xii) Dodoma. The plan is to have one court per Region. Each RM Court will be adouble storey building estimated to cost Tsh. 914 mill.

4. District Courts: one to two courts per District categorized as 1st priority i.e. the mostactive areas. Each court will be a single storey building for areas with moderate courtactivities or a double storey building for areas with extensive court activities (see thetable 1 below). Estimated cost for each court is Tsh. 250 mill.

5. Primary Courts: Urban primary courts with extensive activities will have double storeybuilding (1,800 m2 ) and those with less activities will have single storey building (900m 2 ). For rural areas each court will have a building of about 205 m2. Estimated costfor each court is between Tsh. 45 -75 mill.

Demolition, extension and rehabilitation of existing buildingThis RPF is prepared to guide the project implementers on how to deal with activities ofthe project that may cause environmental and social impacts. Infrastructure developmentactivities of relevancy to this RPF are those likely to trigger safeguard policiesspecifically those involving construction of completely new buildings i.e. require landacquisition and construction on new sites. These have been summarized in the table 1below. However, similar impacts could be expected from the other civil works involvingdemolition, extension and rehabilitation of existing buildings. In situation where thebuilding could no longer continue to function as a court or the size is inadequate, thebuilding will either be demolished and a completely new building erected or extensiverehabilitation will be undertaken. In such cases the Judiciary can make use of therecommendations and mitigation checklists outlined in the ESMF to deal with impactsfrom the rehabilitation and extension works.

3M/s Habconsult Architects and Planner, September 2004. Technical Assistance Consultancy Servicesfor the Feasibility Study and Pre-Contract Services for the Judiciary Infrastructure. Final Report.

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MJCAThe MJCA is currently located within a building along the Kivukoni Front Dar es Salaamwhich it shares with the Ministry of Foreign Affairs and International Relations. Thebuilding is old (1957), has been designated as a Monument under the Conservator of theNational Museum. The feasibility study found out that the existing office space is notsufficient to accommodate the entire Ministry requirements and that it was not technicallyfeasible to extend the existing building to meet these requirements. The study highlyrecommended the construction of a completely new building for the MJCA. The buildingwill be a three storey block (3784 m2 ), located in Dar es Salaam and estimated to costTsh. 2.5 bill.

Law SchoolThis will constitute several buildings, located in Dar es Salaam, all estimated to cost US$7,583,226.

National Records CenterDivision of Records and Archives Management of PO-Public Service Managementcurrently operates a temporary Record Centre in Dar es Salaam. In line with on-goingdecongestion and sorting of records of the Ministries, Departments and Agencies(MDAs), the government is planning to construct a new National Records Center inDodoma in order to deal with semi-current records of the URT and provide ready accessto the records. The building will be a double storey storage block estimated to cost Tsh.2.5 bill.

Table 1: Summa of New Infrastructure Under the ATIPBeneficiary New structure Number, cost and feature of LocationInstitution structuresMinistry of Justice MJCA - 1 Dar es Salaamand Constitutional headquarters - Three storey block (3784 mi)Affair - Cost - Tsh. 2.5 bill.

Law School - Several buildings Dar es Salaam- US$ 7,583,226

PO - Public Service National Records - Double storey storage block DodomaManagement Center - Tsh. 2.5 bill.Judiciary Court of Appeal - 1 Dar es Salaam

- Cost = Tsh. 4,233 mill- Three storey block (for

Chambers for Chief Justiceand Judges of Court of Appeal

High Court Centers - 13 Dar es Salaam, Morogoro, Kibaha,- Three storey block Lindi, Mtwara, Singida, Shinyanga,- Cost of each = Tsh. 1,812 mill Dodoma, Manyara, Kigoma,

Musoma, Tabora & Moshi *

- Rehabilitation Mbeya and SongeaRM's Courts - 1 per Region; Dar es Salaam, Arusha, Mwanza,

- Double storey building Moshi, Bukoba, Mbeya, Tanga,- Cost of each = Tsh. 914 mill Tabora, Shinyanga, Musoma,

Morogoro, Dodoma.**District Courts - 1 - 2 per District; Ilala, Temeke, iKinondoni, Kibaha,

- Cost of each = Tsh. 250 mill. Bagamoyo, Kilombero, Kilosa,Single storey building (areas Rombo, Hai, Mwanga, Same,with moderate court activities) Tanga, Mheza, Lushoto, Dodoma,and double storey building Arusha, Tarime, Serengeti, Bunda,

I (areas with extensive court Sengerema, Geita, Mwanza,activities) Tabora, Nzega, Igunga, Babati,

i___________________ ____ ___ ___ ___ __ ___ ____ _M orogoro M ini, & M fundi.***

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Primary Courts - 1 per Division; All Divisions****- Cost of each = Tsh. 45 -75

mill. 205 m2 building for ruralcourt; single storey building(900 m2

) for urban courts withmoderate activities; doublestorey building (1,800 m2) forurban courts with extensiveactivities

-i1 st priority = centers with more than 1,400 filed cases per year.ii 1 st priority = RMs courts in the most active areas-15St priority = The most active District courts which qualify for double storey building-*15t priority = all primary courts in the District headquarters

Key Aspects in the Infrastructure Development

Land acquisition processes

Presently, the three beneficiary institutions are at different levels in the process ofacquiring land for construction of the proposed buildings.

MJCA and PO-PSMThe MJCA has been allocated plots within the city of Dar es Salaam by the Ministry ofWorks for construction of the new MJCA headquarter and the Law School. MJCA hassubmitted applications to the Ministry of Lands and Human Settlements Development forchanges in land use/rights of occupancy from previous planned use/ownership.Following procedures prescribed by the Land Acquisition Act 1967, the MJCA willsubsequently be offered a "Letter of Allocation" which is the usual official document thatbestows rights of occupancy to government-owned buildings instead of a Title Deed.Similarly the PO-PSM through its Division of Records and Archives Management hasbeen allocated a plot by the Capital Development Authority (CDA) for construction of thenew National Records Centre within the Dodoma Municipality. CDA possess an overallStatutory Right of Occupancy and holds a Title Deed with 99 years of Tenure that coverover 30 km radius from the Dodoma Municipal center. Subsequently, CDA will issue aSub-Title Deed to the PO-PSM.

JudiciaryThe Judiciary has been allocated a plot within the city of Dar es Salaam by the Ministryof Works for construction of the new Court of Appeal. Presently, courts are regarded asgovernment buildings thus the Judiciary is in the processes of obtaining the Letter ofAllocation from the Ministry of Lands and Human Settlements Development.As stated above, the Judiciary is presently operating mostly in buildings owned by othergovernment departments or by private individuals and institutions. In other casesdifferent courts are housed within one building. In areas visited - zonal, RMs, district,and primary courts, the Judiciary does not own land for construction of new courts andprevious allocations from Land Offices were not considered/pursued. Thus following adirective by the Chief Justice, Judiciary officials are now in the process of identifyingsuitable land and/or submitting applications and following-up for allocation of land/plotsat the relevant District/Municipal/ Land Offices or Ward/Village Governments.

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Key issues for consideration in acquirinq land for ATIP sub-proiects.

It is envisaged that the land acquisition will follow the normal procedure stipulated by theland acts and regulation detailed on chapter 8 of this RPF as well as processes requiredby the respective Local Government Councils for land acquisition by the government forconstruction of public buildings. Resettlement and compensation could be issues inurban areas for construction of urban district and primary courts, RM courts and highcourt centers. Should the acquired land involve compensation of previous occupiers orusers, then the procedures of identification of affected people, valuation of land and anyimprovements on the land and compensation of the same will follows the provisions ofthe land acts and World Bank Policy as elaborated in the RPF. The government, throughthe MJCA will be responsible for compensating the affected people.

Although plots already allocated (to MJCA for its headquarter building and Law school;to Judiciary for the Court of Appeal and to PO-PSM for the National Records Centers)did not involve resettlement/compensation of previous owners/users, in theimplementation of this RPF, it is important for the two Ministries and the Judiciary toreview the processes that were followed in acquiring the plots in order to ensure that theprocess followed adhered to the Tanzania land laws detailed on chapter 8, of this RPF,WB safeguard policies, as well as the principles and procedures detailed also under thisRPF in the event that the construction of the new building leads to unforeseen loss oflivelihoods and other impacts spelled out in the frameworks.

As reiterated above, the exact locations for construction of many of the new courtbuildings are not known at this time. The ATIP should strive to ensure that itsinfrastructure projects are not built in or near sensitive natural habitats or protectedareas or cultural properties and sites. Court houses that are to be demolished and newones constructed or courts to be rehabilitated/extended are already located in urban andrural settings in or near all sorts of neighborhood. It is therefore most likely that thesemay impact or be impacted by existing neighboring facilities and activities.

Designs for Proposed BuildingsDesigns for most of the proposed buildings and standard court models have alreadybeen prepared to meet the needs of the users (see table 1 above). In order to meet therequirements and recommendations of this RPF, these designs will need to be screenedand reviewed (following the steps detailed under chapter 8 of the ESMF) by the projectimplementing institutions with support from the architecture firms commissioned to makethe designs, consulting firms (TBA) and the National Environment Management Councilas necessary.

Procurement of ContractorsProcurement of Contractors shall be in accordance with the Government of TanzaniaPublic Procurement Act of 2004 and World Bank Guidelines i.e. through competitivetendering (except in a few isolated cases where limited or sole source procedure may beinevitable. In the case of Primary Courts, Community Procurement arrangements will befollowed in the construction of primary courts following similar procedures used byTASAF and health reform programmes in the construction of scattered education andhealth centers in rural areas.

Implementation of civil works

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There are no specialized units within the central ministries (MJCA and PO-PSM) that areresponsible for management and supervision of construction work for the MJCA hq, LawSchool or National Records Center. Similarly, the Judiciary lack supportiveadministrative/management arrangements at all levels for implementation of the civilworks (i.e. for Court of Appeal, High Courts Centers, RMs' Courts, District Courts, andPrimary Courts). Thus, the implementing institutions will need to delegate some of thetasks and responsibilities to the relevant national agencies and the private sector.

Implementation of civil works will be undertaken by Contractors and this is envisaged tofollow three concepts

1D Small contractors for primary courts due to the scattered nature of the sites;1 Medium scale contractors for District and RM courts;(D Big contractors for High Courts, Court of Appeal, MJCA headquarter, Law School

and National Records Center.

Supervision of works contracts shall be entirely undertaken by consulting firms.

Current government policy on construction and maintenance of public buildings veststhis responsibility to an autonomous government agency - the Tanzania Building Agency(TBA). Already the MJCA and the Judiciary have established link with the TBA to assistin the overall planning, evaluation and monitoring of Contracts/Consultancy services.However, the Agency is newly formed, and consulted officials within the MJCA, PO-PSMand the Judiciary are of the opinion that the TBA has inadequate capacity and is yet toexpand to regions and local government levels. Even with delegation of tasks to theother agencies/consulting firms/contractors the MJCA, PO-PSM and Judiciary will needto set up estate desks/units and further capacity that extends to zonal/regional levels forliaison with Contractors, TBA, Local Governments and to undertake overall supervision,inspection and monitoring.

During consultations with the beneficiary institutions the following were pointed out asperson/offices who would be assigned with such tasks:

Infrastructure Responsible person/officesMJCA headquarter and Law School Director of Administration and Personnel

(DAP);National Records Center Director of Records and ArchivesCourt of Appeal Registrar Court of Appeal4

High Court Zonal Centers District RegistrarResident Magistrate Court Resident Magistrate- in-ChargeDistrict Court District Magistrate- in-ChargePrimary Court District Magistrate- in-Charge

4In the Judiciary, the Registrar Court of Appeal has the overall responsibility in the management of theproject. However, she/he delegates certain responsibilities at the level of implementation, to various relevantofficers

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CHAPTER 3

PRINCIPLES AND OBJECTIVES GOVERNING RESETTLEMENT ANDCOMPENSATION PREPARATION AND IMPLEMENTATION

The construction of some of the buildings to be financed under the Accountability,Transparency and Integrity Project (ATIP) may result in acquisition of land, loss ofaccess and property, which might cause involuntary resettlement. This is true of theproposed new courts of the Judiciary, since the MJCA and PO-PSM have already beenallocated plots which did not necessitate removal of existing people or properties. TheWorld Bank Operational Policy 4.12, Involuntary Resettlement (revised April 2004), inmost cases is not triggered because people are being affected by physical displacement.It is triggered because the project activity causes land acquisition, namely: a physicalpiece of land is needed and people may be affected because they are cultivating on thatland, they may have buildings on that land, they may use the land for water and grazingof animals or they may otherwise access the land economically, spiritually or any otherway which may not be possible during and after the project is implemented. Therefore,people are in most cases compensated for their loss (of land, property or access) eitherin kind or in cash, of which the former is preferred. The ATIP beneficiary institutions(already allocated land or not will follow procedures for full, fair and promptcompensation while acquiring land from citizens as stipulated in this RPF as well as theLand Act No.4 and Village Land Act No.5 of 1999. These procedure should be adhereto, especially the Land (assessment of the value of compensation) Regulations,2001made under section 179 of Land Act no. 4 of 1999.

Therefore, the objectives of this policy on involuntary resettlement are the following;

(a) Involuntary resettlement and land acquisition should be avoided where feasible,or minimized, exploring all viable alternatives.

(b) Where involuntary resettlement and acquisition of land or other assets isunavoidable, compensation will be conceived and executed as sustainabledevelopment programs, providing sufficient investment resources to give thepersons displaced by the project the opportunity to share project benefits.Displaced and compensated persons will be meaningfully consulted and will haveopportunities to participate in planning and implementing resettlement andcompensation programs.

(c) Displaced and compensated persons will be assisted in their efforts to improvetheir livelihoods and standards of living or at least to restore them, in real terms,to pre-displacement levels or levels prevailing prior to the beginning of the projectimplementation, whichever is higher.

This policy covers direct economic and social impacts that both results from bankassisted project and are caused by:

(a) The involuntary taking of land and other assets resulting in:i) relocation or loss of shelterii) loss of assets or access to assets

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iii) loss of income sources or means of livelihood, whether or not theaffected persons must move to another location; or

(b) The involuntary restriction or access to legally designated parks and protectedareas results in adverse impacts on the livelihood of the displaced persons.

The resettlement policy applies to all components under the ATIP project, whether or notthey are directly funded in whole or in part by the Bank. Furthermore, the policy appliesto all affected persons regardless of the severity of impact and whether or not they havelegal title to the land. Particular attention will be paid to the needs of vulnerable groupsamong those displaced; especially those below the poverty line; the landless, the elderly,women and children, indigenous groups and the ethnic minorities or other displacedpersons who may not be protected through Tanzania land compensation legislation. Inparticular for ATIP, the policy also requires that the implementation of individualresettlement and compensation plans are a prerequisite for the implementation ofinfrastructure project activities causing resettlement, such as land acquisition, to ensurethat displacement or restriction to access does not occur before necessary measures forresettlement and compensation are in place.

It is further required that these measures include provision of compensation and of otherassistance required for relocation, prior to displacement, and preparation and provisionof resettlement sites with adequate facilities, where required. In particular, the taking ofland and related assets or the denial of access to assets may take place only aftercompensation has been paid and where applicable, resettlement sites, new homes,related infrastructure, public services and moving allowances have been provided todisplaced persons. Furthermore, where relocation or loss of shelter occurs, the policyfurther requires that measures to assist the displaced persons be implemented inaccordance with the resettlement and compensation plan of action. Because landacquisition has to be done in a way that satisfies the required design standards for anyof these facilities, people and livelihoods would be impacted, and resettlement cannot beavoided in all cases.

Furthermore, it is particularly important to neutralize to the extent possible any socio-economic pressures in the communities that are likely to be exacerbated by involuntaryresettlement, by facilitating the participation of those impacted in the project activities.Therefore, impacted communities must be consulted and are part of the planningprocess (see chapter 14). Offering impacted people the opportunity for employmentduring the construction or of providing services such as supplying water or constructionmaterials (e.g., gravel) etc will provide an additional income-generating opportunity to asignificant number of persons who may be affected in these targeted areas.

Therefore, this opportunity for local employment is being taken advantage of in thisresettlement policy framework (RPF), by including it for discussion in the consultativeprocess with the affected communities. This RPF prefers to encourage potentialcontractors and project implementing institutions - MJCA/Judiciary/PO-PSM through theprovision of incentives in their contracts to show preference for employing project-affected persons (PAP's) and not through legal provision. One way of promoting thiswould be for the project to train displaced persons to acquire the skills needed by thesecontractors. Lastly, the RPF seeks to ensure that affected communities are meaningfullyconsulted, have participated in the planning process and, are adequately compensated

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to the extent that their pre-displacement incomes have been restored and that theprocess is a fair and transparent one.

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The Govemment of the United Republic of Tanzania Resettlement Policy Framework


CHAPTER 4

METHODOLOGY USED TO PREPARE THE RESETTLEMENT POLICYFRAMEWORK

The preparation of this RPF document was based on two main approaches, acomprehensive review of the relevant literature and a thorough process of consultationswith Dar es Salaam stakeholders and those from three sample sites across the country.

Literature reviewThis involved review of project appraisal documents; feasibility studies and designs ofthe proposed rehabilitation/construction structures etc). The aim was to obtainbackground information on project justification and objectives; project description andactivities - nature and extent of the infrastructure investment; all locations that the projectwill impact, coverage and prioritization; and institutional arrangements. Tanzania landpolicy and legal requirements and administrative arrangements relevant to theinfrastructure investments under the ATIP project were reviewed and have beenincorporation into the RPF. World Bank Safeguards Policies were reviewed and four ofthese Environmental Assessment OP 4.01, Involuntary Resettlement OP 4.12, NaturalHabitats OP 4.04 and Cultural Property (OP 4. 11) have been identified as likely to betriggered as a result of future infrastructure investments under the ATIP. Existingframeworks including the Tanzania Social Action Fund (TASAF II), and the LocalGovernment Support Programme (LGSP) etc. were reviewed and for key lessons.

Assessment of the existing environmental and social setupsKey parameters assessed include socio-economic characteristics including differentcategories of people likely to be impacted by the project and other parameters.Information was obtained from the interviews, review of existing literature andobservation during visits to existing courts and the site earmarked for civil works for theNational Records Center at in the Dodoma Municipality.

Stakeholders ConsultationsComprehensive consultation with stakeholders was conducted at various levels, mainlythrough interviews of key informants within the legal and environment sectors. Thisinvolved discussions with government officials at national offices in Dar es Salaam. Fieldvisits were undertaken to selected urban and rural local authorities and courts in order toobtain a broader perspective. Four regions, namely Dar es Salaam, Dodoma, Mbeyaand Mwanza were chosen because:

• they are among the regions categorized as Priority 1 for development of Judiciaryinfrastructure;

( within these regions different kinds of infrastructure projects of ATIP will belocated; and

X they represent the different ecological zones across the country (i.e. Lake Zone,Central Zone, Southern Highlands and Coastal Zone).

At the four regions, visits to existing High Court Zonal Centers, Resident MagistrateCourts, Municipal/District Councils and Primary Courts District Courts were undertaken.During the visits discussions were held with representatives of the Judiciary, ExecutiveDirectors and staff of various sectors at the Municipal/District Councils e.g. Planning,

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Environment, Land, etc. and some members of the community. Open-endedquestionnaires and focus group discussions were the main tools used in theconsultations.

In response to interview questions, officials provided the following information:( Procedures on how to address issues of land acquisition, compensation were

available (Land Acts) and ardently implementation in all cases. Difficultiesencountered in implementing these guidelines were primarily due to a lack ofresources (high compensation costs) and unwillingness on the part of people torelinquish their land.

• Most of the project implementers had carried out compensations associated withother previous projects.

(D In terms of institutional arrangement, roles and responsibilities for implementingthis RPF the existing structure at MJCA, PO- PSM and the Judiciary couldsuffice, but capacity building is significantly needed as well as establishing linkswith the national and local agencies vested with the responsibilities.

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CHAPTER 5

PROCESS FOR PREPARING AND APPROVING RESETTLEMENT ANDCOMPENSATION PLANS

Due to the likelihood that construction of new buildings particularly the different courts forthe Judiciary may lead to land acquisition and as the exact locations are not known atthe time of project preparation, the Government of Tanzania is taking the precautionarymeasure to prepare a resettlement policy framework in compliance with the World Bankinvoluntary settlement Operational Policy 4.12. During implementation of this project,social assessment will be carried out with the objective to identify all those areas andsites where there will be an impact on land, people and property and access toresources. At that stage, OP 4.12 calls for the preparation of individual Resettlement andCompensation Plans that must be consistent with this RPF. To address the impactsunder this policy, resettlement and compensation plans must include measures toensure that displaced persons are:

(a) informed about their options and rights pertaining to compensation for landacquisition;

(b) consulted on, offered choices among, and provided with technically andeconomically feasible alternatives; and

(c) provided prompt and effective compensation at full replacement cost for losses ofassets and access attributable to the project.

This policy framework will guide the preparation of resettlement action plans for theinfrastructure projects, which need land acquisition and resettlement people and/or mayimpact access to resources. The first stage in the process of preparing the plans is thescreening process to identify the land/areas that are causing resettlement. Theresettlement and compensation plans will contain the analysis of alternative sitesundertaken during the screening process.

The organization structures of the project implementing institutions, generally isadequate to meet the below screening processes. The screening process will thereforetake advantage of these structures by assigning new responsibilities required in this RPFto the relevant offices at the closest level to the affected people.

The Screening Process

This process would lead to the creation of a list of number of the building sub-projects,which may potentially involve resettlement issues. In pursuant thereof, the respectiveDesignated Sector Environmental Coordinators5 will be responsible for the screening ofprojects using and based on the environmental and social checklist to identify projects

5The Environment Management Act 2004 requires all Government Institution to appoint or designateSector Environmental Coordinators to over see environmental and related matters within their institutions

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with resettlement issues. The checklist would be used to screen each project that comesto these Designated Sector Environmental Coordinators based on the overall guidelinesset out in this RPF.

The Sector Environmental Coordinators could be selected from the followingrecommended offices

i) The Ministry of Justice and Constitutional Affairs(X Department of Administration and Personnel or the Department of Planning

Policy and Information

ii) The President Office - Public Management Service(D Records and Archives Management Division

iii) JudiciaryCentral level0 Office of the Registrar Court of Appeal

Regional Level3 Office of the Resident Magistrate-in-charge

District level(D Office of the District Magistrate-in-Charge

Primary level3 Office of the District Magistrate-in-Charge

The list of infrastructure projects that have potential resettlement issues will then besubjected to a comprehensive sensitization and consultation process with the potentiallyimpacted communities and the outcome of this process would be documented for eachsite. The list and the outcome of the consultative process for each site/infrastructureprojects on the list would then be sent to the Registrar of Court of Appeal for theJudiciary mandated to confirm, approve, disapprove, refer for further consultation and/ortake a final decision on each proposed site/infrastructure projects. Carrying out thescreening process in this way is designed to give it the integrity and transparency itneeds to allow all stakeholders to have confidence in the process.

Process for Preparation of Resettlement and Compensation Action Plans (RAP)

As soon as the infrastructure projects have been approved using this consultativeprocess, the selected sites will be the subject of a study and the preparation of adocument as follows:

i. a socio-economic study (this study will include determination of impacts)

ii. preparation of individual resettlement and compensation plans.

The socio-economic study will be carried out to collect base line data within the selectedsites thereby enabling the social assessment of potentially affectedpopulations/communities. The socio-economic assessment would focus on theidentification of stakeholders (demographic data), the participation process, identificationof affected people (including owners and users of land) and baseline information on

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livelihoods and income, in addition to landholding. On completion of the socio-economicstudy, a resettlement action plan (RAP) will be prepared for each infrastructure projectsthat triggers OP 4.12.

The requirements of the RAP are;i) Baseline Census;ii) Socio-Economic Survey;iii) Specific Compensation Rates and Standards;iv) Entitlements related to any additional impacts;v) Site Description;vi) Programs to Improve or Restore Livelihoods and Standards of Living;vii) Implementation Schedule;viii) Detailed Cost Estimate References.

The RAP is to be prepared by the Designated Sector Environmental Coordinators at therespective levels.

This process of identifying sites, consulting people and carrying out socio-economicstudies may be an interactive one. If the Designated Sector Environmental Coordinatorsin close consultation with their respective project implementing institutions - MJCA/PO-PSM/Judiciary determines that the mitigation measures (i.e. compensation levels) aretoo costly in terms of compensation amounts and the overall number of peopleimpacted, the Designated Sector Environmental Coordinators can propose andinvestigate alternative sites. However, irrespective of whether the process of identifyingpotential sites is pursued iteratively or whether a number of sites are examinedsimultaneously, the selection process must be as described above.

The final list of sites approved by the project implementing institutions - MJCA/PO-PSM/Judiciary, the process of selection of the sites, and the RAP are all subject to finalreview and approval by the World Bank in order to ensure compliance with Banksafeguards. In line with Tanzania's decentralization policy, the approval by the WorldBank will be for compliance, ensuring that before any infrastructure projects is approved,individual resettlement and compensation plans are prepared and consistent with thisRPF. At its sole discretion the World Bank may delegate through the Government to theNEMC/Local Governments this responsibility to ensure compliance with the provisions inthis RPF after it is satisfied that effective monitoring of this process is in place. Thiswould be looked at during appraisal and a mechanism worked out that respectsTanzania's decentralization achievements and satisfies the World Bank's responsibilityto ensure compliance with its safeguards policies.

Capacity will be built for the designated sector environmental coordinators, relevantdepartments and local government authority/community through training and technicalassistance to ensure that all stakeholders involved discharge their differentresponsibilities effectively.

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CHAPTER 6

LAND ACQUISITION AND LIKELY CATEGORIES OF IMPACT.

Activities for construction of proposed buildings to be supported under ATIP areindividually not expected to generate major negative environmental impacts to thehuman and natural environment. However, their cumulative impacts could be significant.Land acquisition, compensation and resettlement of people may be necessary for somenew buildings particularly the Judiciary courts. Impacts of construction of new buildingswill vary in nature and degree depending on the situation at hand. Likely categories ofimpacts/loss are indicated in the below entitlement matrix.

Loss of land and/or property are the most likely impacts both in urban and rural setupswhere the Judiciary will acquire land as in most cases the land in question will be underuse of some sort, communally, or individually. If the infrastructure project will be locatedin an area with an appropriate land use plan or other types of physical plans, theresulting impacts may be minimal as the area designated for development of publicbuildings e.g. courts may be already well determined in the plan, set aside and known toall stakeholders. However, in most areas in Tanzania, there are no concerted efforts formonitoring land use plans, thus most planned areas are encroached upon by farmers,livestock grazers or by squatters. Thus in the event land is taken up all these uses willbe impacted.

Loss of structures, residential or business premises may occur in instances wherepeople have intentionally or unknowingly built on land designated for courts. This wasobserved to be the case in Mwanza (Nyamagana District Court, Kabila Primary Court inMagu District) and other areas where all sorts of structures particularly government-owned (schools, office of local governments, military etc) have been built on land for theJudiciary. Thus in the event the Judiciary reclaims its land, all those concerned will incurlosses.

During the field visits, it was observed that the Judiciary is not in the practice of rentingout its buildings for business or residential purposes. So there is little likelihood thatresidential tenants or business tenants will incur any loss of rental accommodation orloss of business premises. In fact the opposite is possible where the Judiciary is thetenant in most urban and rural localities.

The severity of impact, determines what the resettlement measures will be. Based onanalysis of the impact of the infrastructure project and eligibility policies, an entitlementmatrix has been developed based on categories of affected persons according to lossesand their entitlement benefits. The matrix proposes eligibility and payments for all kindsof losses. The entitlement matrix presented here below sets standards forcompensations

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Standard Entitlement Matrix

C ATEGORY ENTITLEMENTS

o Project TYPE OF Compensation Compensation CompensationA ected LOSS for Loss of for Loss of for Loss of Moving OtherPeople Allowance Assistance(PAP) Structures Assets Income

Land Food from thereplacement at Crops at market Government

Loss of land new site, plus cost in scarce None duringP roperty land clearing season construction ofOwners by project new site

Compensation Fences (wire For lost rentalLoss of at full or wood) at $ income Moving to Disturbance

Rsidential or replacement 3/meter Lump sum cash be done Allowance ofResidential or value not Hand-dug payment of 6 free by $100business depreciated wells at $200 months rent per project

deprecated ells a $200 tenant

No los of Replacement FreeResidential structure, no cost for non- moving if 6 months rent

Tenat: Lss o renal struture,en no movables if No loss of notification equivalent forT nant: Lcossmofdrenta entitlement to installation was income ntfcbn euvln o

accommodation housing at agreed with before disturbancenew site arewihdeadline

Business ownerTenant Replacement For loss of Free

Loss of cost for business income, moving ifpremises No loss facilities that payment of half notification

premises cannot be of turnover for 6 before

moved months deadlineRelocation toresettlementsite of choice, Food fromwith payment Government

Encroachers of rental fee for Gvrmn(tising land) Loss of land land. For --- duringland. For ~~~~~~~~construction of

crops, fences nsteand wells, asabove forowners

Compensationat fullreplacement

c quatters valuetur Payments in lieu Disturbance(I ving on Loss of shelter structure, Poeo aymens winlieuAlwneo

s te) Loss of shelter relocation to None rebuilding Allowance ofs te) ~~~~~resettlementreulig$0

site, withpayment ofsite rent

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CHAPTER 7

ELIGIBILITY CRITERIA FOR DEFINING VARIOUS CATEGORIES OFPROJECT AFFECTED PERSONS

At this stage it would not be possible to attempt to quantify the estimated likely numberof people who may be affected since the exactly location of some of the infrastructureprojects particularly for the Judiciary that may cause resettlement are not yet known.

However, the likely project affected people (PAP) can be categorized into five groups,namely;

i) Affected Property Owners - Are owners of land or owner of structures forbusiness, residential or other purpose. Landowner, who own, cultivate the land forcrops or use land for livestock grazing, who suffers loss of that land and propertyand/or access to natural and/or economic resources as a result of theinfrastructure projects activities and to whom compensation is due. Also theaffected property owner may include individuals, households (one or more of itsmembers) and vulnerable persons/groups who has built a structure for business,residential or other purpose on land that may be required by the project for thepurpose of construction of the buildings particularly for Judiciary courts.

ii) Affected Residential Tenant - Are tenants of houses or structures, including thoseleased by the project implementing institutions - MJCA/PO-PSM/Judiciary.Currently the Judiciary or other project implementer's are not in the practice ofrenting out its buildings for business or residential purposes. Therefore there islittle likelihood that residential tenants or business tenants will incur any loss ofrental accommodation or loss of business premises.

iii) Affected Business Tenant- is a non-property owner and workers of the businesswhoever operates the business activities in the area of a property owner who maybe affected by the project.

iv) Affected Encroachers - Are persons occupying land with no formal legal right orclaim to the land and non-bone fide occupants and intruders of lands reserved forpublic or other use. Encroachers in rural area occupy land for agriculture while inurban area may occupy land for residential / commercial purposes.

v) Affected Squatters - include persons or groups who have settled in place or inurban area, with and without official title to their land. Particular efforts are to bemade not to negatively impact these people where possible, because thiscategory of affected persons without official title is likely to be the larger group inurban area.

According to World Bank Safeguard policy on involuntary resettlement OP 4.12, personsthat my be classified according to the following three groups as displaced persons will beeligible for compensation and resettlements assistance;

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a) Those who have formal rights to land (including customary and statutory rights ofoccupancy recognized under the Laws of Tanzania)

b) Those who do not have formal legal rights to land at the time the census beginsbut have a claim to such land or assets provided that such claims are recognizedunder the Laws of Tanzania or become recognized through a process identifiedin the resettlement and compensation plan.

c) Those who have no claim to land they are occupying or using.

Those covered under a) and b) above are to be provided compensation for land theylose, and other assistance in accordance with the policy. Persons covered under c)above are to be provided with resettlement assistance in lieu of compensation for theland they occupy or use, and other assistance, as necessary, to achieve the objectivesset out in this policy, if they occupy or use the project area prior to a cut-off dateestablished by the project implementing institutions-MJCA/Judiciary/PO-PSM andacceptable to the Bank. Persons who encroach on the area after the cut-off date are notentitled to compensation or any other form of resettlement assistance. All personsincluded in a), b) or c) above are to be provided with compensation for loss of assetsother than land. Therefore, it is clear that all affected persons irrespective of their statusor whether they have formal titles, legal rights or not, are eligible for some kind ofassistance if they occupied the land before the entitlement cut-off date. The entitlementcut-off date refers to the time when the assessment of persons and their property in thearea is carried out, i.e. the time when the project area has been identified and when thesocio-economic study is taking place. Thereafter, no new cases of affected people willbe considered. Persons who encroach the area after the socio-economic study (censusand valuation) are not eligible for compensation or any form of resettlement assistance.

Eligibility for Community Compensation

Local Communities (villages, ward, districts, towns, etc,) permanently losing land and/oraccess to assets under customary rights will be eligible for compensation.

Method to Determine the Cut - Off Dates

After the project implementing institutions - MJCA/Judiciary/PO-PSM approves theinfrastructure projects, the Designated Sector Environmental Coordinators, and theDistrict/Municipal land/environmental officers will meet to discuss and agree on aprogramme of implementation. They will also choose tentative cut-off dates. The dateswould then be communicated to the community through their respective representativein the Village/Mtaa Councils or District/Municipal Councilors.

It will be important to set a cut-off date early on in the preparation process in order toavoid speculation and spurious claims. An appropriate cut-off date will possibly be thetime when the tentative location of infrastructure project is identified on the ground andwhen the baseline survey and the site-specific socio-economic study is undertaken.Persons occupying the project area after the cut-off date are not eligible forcompensation or resettlement assistance. Similarly, fixed assets-such as builtstructures, crops, fruit trees and wood lots-established after the date of completion ofthe assets inventory, or and alternative mutually agreed on date, will not becompensated. District/Municipal land/environmental officers will play a crucial role in

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identifying users of land since most of them would have acquired their customary rightsto use the land from their local customary heads or Village Government.

CHAPTER 8

A LEGAL FRAMEWORK REVIEW OF THE FIT BETWEEN THE LAWS ANDREGULATIONS OF TANZANIA AND BANK POLICY REQUIREMENTS

The Government of Tanzania and its funding partner, The World Bank, wish to ensurethat the ATIP Project is carried out fully in line with Tanzania's land policies andlegislation and the applicable World Bank Safeguard Policies. Tanzania has a goodpolicy, legal and institutional framework for management of social issues related to landand property acquisition and compensation enshrined in the National Constitution, theLand Policy and Land Acts as well as supporting local laws and by-laws.

National Land Policy (1996)The National Land policy provides guidance and directives on land ownership andtenure rights and taking of land and other land based assets. The policy stipulatesorganization and procedures for valuing assets and delivery of compensation. Theoverall aim is to promote and ensure a secure land tenure system in Tanzania thatprotects the rights in land for all its citizen. The following are the basic land policy tenets:

(D All land in Tanzania is public land vested in the President as trustee on behalfof all citizen

@) Land has value3 The rights and interest of citizens in land shall not be taken without due

process of law( Full, fair and prompt compensation shall be paid when land is acquired.

Constitution of the United Republic of Tanzania of 1977 (As amended)The Constitution also provides for the protection of the rights and interest of citizens inmatters concerning their property and acquisition. Under article 24 (1), every person isentitled to own property, and has a right to the protection of his property held inaccordance with the law. Sub-article (2) prescribes that it is unlawful for any person to bedeprived of property for any purposes without the authority of law, which makesprovision for fair and adequate compensation.

National Land Act (No. 4 of 1999), Village Land Act (No.5 of 1999), LandRegulations 2001 Subsidiary Legislation, Land Acquisition Act (1967), LandOrdinance (1923 Cap. 113) and Town and Country Planning Ordinance (1956 Cap.378).

Land tenure and ownership in Tanzania is governed by these statutes as well as the1977 Constitution of the United Republic of Tanzania, (as amended) Land in Tanzania isowned by the state. Public land in Tanzania is either general land or village land orreserved land. Socio-economic activities are permitted on general/village land and notpermitted or restricted in land reserved for national parks, protected areas and

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wildlife/forest reserves. Thus buildings supported by ATIP will be constructed on generalor village land.

In respect of public land, Tanzania has a dual system of land tenure: customary andstatutory rights of occupancy. Tenure rights to land can be held by individuals and bycommunities. Holdings of individuals can be (i) by leasehold right of occupancy forvarying periods e.g. 33, 66, or 99 years which must be confirmed by a certificate ofoccupancy; (ii) by customary rights of occupancy that must be confirmed by a certificateof Customary Right of Occupancy (Hati ya Ardhi ya Mila) and have no term limit.Communities (Villages) are allowed to hold land and to manage it, although they do notformally own the land.

Mechanisms for land tenure of relevancy to the ATIP project are that: approved land useplan or layout and cadastral survey plan form the basis for plot allocations to individualland owners. Individuals are given letters of offer (title) which state the size of plot,use/development conditions, payable land rent, duration of ownership and othercovenants. The plot owners are required by law to prepare building plans according touses/development conditions in the letter of offer and obtain a building permit from thelocal authority. A change of land use requires application of that change of use to localauthorities and later on to be approved by the Minister responsible for Lands.

Land acquisition for development of public infrastructure

Mechanisms for land tenure described above for plot allocations to individual landowners also apply to allocation to government MDAs intending to construct publicbuildings: i.e. requirements for approved land use plan, cadastral survey plan,application of change of use, building plans and building permit. Except that governmentinstitutions are given a Letter of Allocation instead of a letter of offer (title) and presentlythe government is exempted from paying of land rent.

In cases where the government fails to obtain land through the usual allocationprocedures, the Land Acquisition Act No 47, 1967 gives power to the President toacquire "Land" from private occupants where such land is required for any publicpurpose. This Act under section 4 (1) provides that land shall be deemed to be requiredfor a public purpose where it is required, among others for exclusive Government use,for general public use, for any Government scheme, for the development of agriculturalland or for the provision of sites for industrial, agricultural or commercial development,social services or housing. The ATIP project fall under this category.

The Land Acquisition Act further empowers authorized Government officials (which isapplicable to MJCA, PO-PSM and the Judiciary) to investigate the land in any locality forits possible acquisition for any public purpose. The authorized person is allowed to enterupon and survey and take levels of any land in such locality; to do all other actsnecessary to ascertain whether the land is adapted for such purpose; and to clear, setout and mark the boundaries of the land proposed to be taken and the intended line ofthe work (if any) proposed to be made thereon.

Also the Act provides how compensation should be assessed to compensate thosewhose interest on land has been acquired and direct the Government to pay for alldamage done in consequence of the exercise. In the case of a dispute as to the amountto be paid, either the Minister or the person claiming compensation may refer such

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dispute to the Regional Commissioner for the region in which the land is situated and thedecision of the Regional Commissioner shall be final.

The Minister should give notice of intention to acquire the land to the persons interestedor claiming to be interested in such land, or to the persons entitled to sell or convey thesame. The Minister may, by notice direct the persons to yield up possession of such landafter the expiration of a period of not be less than six weeks from the date of thepublication of the notice in the Gazette.

Valuation of land and properties and compensationThese are also provided for in the above acts developed over time.

Compensation

The Government of the United Republic of Tanzania guarantees free enjoyment of anylandholder of Right of Occupancy. It is constitutional right in Tanzania that if one'sproperty is either acquired or nationalized, the individual so affected must becompensated for. Any person whose right of occupancy or recognized long-standingoccupation or customary use of land is revoked or otherwise interfered with to theirdetriment by the State under the Land Act or acquired under the Land Acquisition Act isentitled to a full, fair and prompt compensation. The word compensation connotes,paying off the loss suffered or to be suffered by an individual on his property (land) beingacquired, such that the affected turns out to be in position as though he/she had notsuffered or lost his property. Thus he/she will be compensated for the physical crust(soil) and developments thereon or underneath. The main objective is to protect majorityof citizen of Tanzania who have acquired land from either inheritance or village councilallocation or clearing bush should not easily loose their land without full and faircompensation.

Valuation of land and properties

Tanzania laws indicate that market value should be used as basis for valuation of landand properties. Regulation 3 of the Land (Assessment of the Value of Land forCompensation) Regulations, 2001 and Part IlIl of the Village Land Regulations, 2002provide for practical guidelines on assessment of compensation. The full and faircompensation is only assessed by including all components of land quality. Presently inassessing the value of the unexhausted improvements for compensation purposes, thelaw emphasizes that the value should be the price that which the said improvements canfetch if sold in the open market. But this in normal circumstances is lower than thereplacement value but higher than the initial construction cost of the said improvements.The compensation should include the following: -

i. Market value of the real propertyii. Disturbance allowanceiii. Transport allowanceiv. Loss of profits or accommodationv. Cost of acquiring or getting the subject landvi. Any other immediate costs or capital expenditure incurred to the development

of the subject land.

Other Natural Resources and Social Management Acts

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A number of national laws have provisions requiring Environmental and Social Planningfor investments that may cause adverse environmental impacts to the resource andmitigation measures for individual affected by development endeavourers. Agricultureand land acts provides for rights of individuals whose property is acquired to becompensated according to the national laws.

Local Government (District Authorities) Act No. 7, 1982 and Local Government (UrbanAuthorities) Act No. 8, 1982

The Acts stipulate in detail functions of District/Urban councils. Issues of land areincluded as objectives of functions and therefore part of the mandates of localgovernment in their respective areas.

Comparison between Land Law in Tanzania and Bank OP4.12

Whereas the law relating to land administration in Tanzania is wide and varied,entitlements for payment of compensation are essentially based on the right ofownership. The Bank OP 4.12 is fundamentally different from this, and states thataffected persons are entitled to some form of compensation whether or not they havelegal title if they occupy the land by a specified cut-off date. In as far as this RPF andESMF for ATIP infrastructure projects are concerned, the higher of the two policies i.e.the World Bank's safeguard policy will prevail.

Comparison of Tanzania Law and World Bank OP4. 12 Reg rding CompensationCategory of PAPSI Type of Tanzania Law World Bank OP4.12Lost AssetsProperty Owners Cash compensation is based upon market value Recommends land-for-land

of the real property, disturbance allowance, compensation. Othertransport allowance, loss of profits or compensation is at replacementaccommodation, cost of acquiring or getting the cost.subject land, any other immediate costs or capitalexpenditure incurred to the development of thesubject land and compensation should be paidpromptly, and if not paid in time, interest at marketrate will be charged.

Land Tenants Entitled to compensation based upon the amount Are entitled to some form ofof rights they hold upon land compensation whatever the legal

recognition of their occupancy,Land Users Not entitled to compensation for land, entitled to Entitled to compensation for

compensation for crops and sometime provided crops and labor may be entitled towith other land of equal size and quality replacement land and income

must be restored to pre-projectlevels at least.

Owners of "Non permanent" Valuation and disturbance allowance. Entitled to in-kind compensationBuildings Cost of putting up an equivalent structure as the or cash compensation at full

one existing at the time of valuation, based on replacement cost including laborprice of the open market and relocation expenses, prior to

displacement.Owners of "Permanent" Valuation and disturbance allowance. Entitled to in-kind compensationbuildings Cost of putting up an equivalent structure as the or cash compensation at full

one existing at the time of valuation, based on replacement cost including laborprice of the open market. and relocation expenses, prior to

displacement.Perennial Crops Cash compensation at market value based on As per section G of this RPF once

historical production records. Compensation rates approved by the Bank andfor each crops are established at the Valuation disclosed in Tanzania and at theDivision in the Ministry of Lands and Human Bank info-shop.Settlements Development

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CHAPTER 9

METHODS OF VALUING AFFECTED ASSETS

The Tanzania law governing valuation as well as the World Bank Safeguard policy OP4.12, point out that the valuation of affected assets should be carried out by estimation ofthe Market Value. However, valuations methods for affected land and assets woulddepend on the type of asset. The land asset types identified under Tanzania law in thispolicy framework are:

i) State Land not within the jurisdiction of a villageii) Village Land, including customary rights of villagers

State owned land would be allocated free (perhaps except for surveying and registrationfees), and the infrastructure projects would be expected to pay to acquire land in thiscategory in cases where the state-owned land is being used by another user. This isbecause, although state owned, the land may be used by individuals and/or community.The guiding principle is that whoever was using the land to be acquired by the projectparticularly the Judiciary, would be provided other land of equal size and quality.

Assets held under customary rights on state owned land would have to be valuedaccording to the following method and compensation paid: the respective projectimplementing institutions - MJCA/PO-PSM/Judiciary will value and the Government willduly compensate for assets and investments, including land, labor, crops, buildings, andother improvements, according to the provisions of the resettlement and compensationplan. Compensation rates will be market rates as of the date and time that thereplacement is to be provided. The current prices for cash crops would have to bedetermined. Compensation would be based on valuation at or before the entitlement cutoff date in compliance with this policy.

The Bank policy on resettlement and compensation, OP 4.12, makes no distinctionbetween statutory and customary rights but under this RPF for Tanzania not only assetsand investments will be compensated for, but also land. Thus, a customary landowner orland user on state-owned land, will be compensated for land, assets, investments, lossof access etc. at market rates at the time of the loss. If payment is delayed by more thansix months, an inflation premium, equal to 1% plus the official rate of inflation (usingconsumer price index, CPI), will be added to the agreed upon sum.

Compensation Payments and Related Considerations.

Individual and household compensation will be made in cash, in kind, and/or throughassistance. The type of compensation will be an individual choice although every effortwill be made to instill the importance and preference of accepting in kind compensation ifthe loss amounts to more that 20 percent of the total loss of subsistence assets.

F0RM; 50Fj MPENS AT10Ni- t;Cash Payments Compensation will be calculated and paid in Tanzania shillings. Rates

will be adjusted for inflation.In - Kind Compensation may include items such as land, houses otherCompensation buildings, building materials, seedlings, agricultural inputs and

financial credits for equipment.

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Assistance Assistance may include moving allowance, transportation and labour.|

Making compensation payments raises some issues regarding inflation, security andtiming that must be considered. One purpose of providing in-kind compensation is toreduce inflationary pressures on the costs of goods and services. Local inflation may stilloccur, thus market prices will be monitored within the time period that compensation isbeing made to allow for adjustments in compensation values. The question of security,especially for people who will be receiving cash compensation payments needs to beaddressed by the Designated Sector Environmental Coordinators and respective localgovernment. The time and place for in-kind compensation payments will be decidedupon by each recipient in consultation with the Designated Sector EnvironmentalCoordinators.

Compensation for Land

Compensation is intended to provide a farmer whose land is acquired and used forproject purposes with compensation for the land, labor and crop loss. For this reason,and for transparency, "land" is defined as an area:

. In cultivation* Being prepared for cultivation, or. Cultivated during the last agricultural season

This definition recognizes that the biggest investment a farmer makes in producing acrop is his or her labor. A farmer works on his/her land most of the months of the year.The major input for producing a crop is not seed or fertilizer, but the significant labor putinto the land each year by the farmer. As a result, compensation relating to land willcover the market price of labor invested times the amount of time spent preparing a plotequivalent to that taken. (The market price of the crop lost is considered separately,below).

The labor cost for preparing replacement land is calculated on what it would cost afarmer to clear and create replacement land. This value is found by adding together theaverage costs of clearing, plowing, sowing, weeding twice, and harvesting the crop.Labor costs will be paid in Tanzania shillings, at the prevailing market rates.

The following table presents an example of a compensation schedule for a one-hectareplot of land. The Tanzania Shilling values are based on arbitrary labor rates, which willneed to be validated at the time payments, are made.

EXAMPLE OF LAND COMPENSATION SCHEDULE OF PAYMENTS

Activity Month Paid Labor in Tanzania Shilling/haActivity Month Paid ~~~~Rate Cost/day x no. of days

Clear March To be determinedPlough May To be determined

Sow May To be determinedWeed May To be determined

Harvest November To be determinedTotal _ To be determined

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All agricultural labor activities are included for two reasons. First, because of the needfor transparency, all land labor will be compensated for at the same rate. Second, it isdifficult to forecast when during the growing season a farmer might need to give uphis/her land. Thus, the land compensation covers all investments that a farmer willmake. In certain cases, assistance may be provided to land users in addition tocompensation payments, for example, if the farmer is notified that his/her land is neededafter the agriculturally critical date, when s/he will no longer have enough time to prepareanother land without help. Assistance will be provided in the form of labor-intensivevillage hire, or perhaps mechanized clearing, so that replacement land will be ready bythe sowing dates. The farmer will still continue to receive his/her cash compensation sothat /s/he can pay for sowing, weeding and harvesting.

Land measurement

For the purposes of measuring land, the unit of measurement would be that which isused by and understood by the affected farmers. Therefore, if a traditional unit ofmeasurement exists, that unit will be used. If a traditional unit of measurement does notexist, then it is recommended that land will be measured in meters or any otherinternationally accepted unit of measurement. However, in such an event, the unit that isbeing used must be explained to the affected farmers and must somehow be related toeasily recognizable land features that the farmers are familiar with, such as usinglocation of trees, stumps, etc. as immovable pegs. The most important concern of thisexercise is to ensure that the affected farmer is able to verify, using his/her ownstandards/units of measurement, the size of land that is being lost. Ensuring that thisoccurs maintains transparency in the system and will thus avoid subsequent accusationsof wrong measurements or miscalculation of areas.

Calculation of Crops Compensation Rate

(D The prices for cash crops will be determined as the average value over the previousyear, corrected for inflation. The prices for subsistence crops will be determined asthe highest value over the previous year, corrected for inflation.

Crop values will be determined based on:

( A combination of staple foods and cash crops. Specifically, the 80/20 ratio of landthat a farmer typically has in food crops and cash crops is used to determine thechances s/he would lose food crop rather than a cash crop income.

() The value of stable crops to be taken as the highest market price reached during theyear, in recognition of these factors:

- Although most farmers grow staple crops mainly for home consumption,they always have the option of selling these crops to take advantage ofthe market.

- Farmers most often purchase cereals when they have run out, during the"hungry season" when prices are high. Compensating at a lower valuemight put the individual or household at risk.

- Averaging the highest price of stable foods yields a high per hectarevalue that reimburses for the vegetables and other foods that are

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commonly inter-cropped with staples, but are almost impossible tomeasure for compensation.

Compensation for Buildings and Structures

Compensation will be paid by replacing structures such as huts, houses, farmoutbuildings, latrines and fences. Any homes lost will be rebuilt on acquired replacementland, however cash compensation would be available as a preferred option for structures(i.e. extra buildings) lost that are not the main house or house in which someone isliving. The going market prices for construction materials will be determined.Alternatively, compensation will be paid in-kind for the replacement cost withoutdepreciation of the structure. The project will survey these prices for administrativepurposes on an ongoing basis.

Compensation will be made for structures that are:

(D Abandoned because of relocation or resettlement of an individual or household, or( Directly damaged by construction activities.

Replacement values will be based on:

3 Drawings of individual's household and all its related structures and supportservices,

3 Average replacement costs of different types of household buildings and structuresbased on collection of information on the numbers and types of materials used toconstruct different types of structures (e.g. bricks, rafters, bundles of straw, doorsetc.) For vulnerable groups identified in earlier section of this RPF replacementvalues will be based on actual replacement cost.

( Prices of these items collected in different local markets,( Costs for transportation and delivery of these items to acquired/replacement land or

building site,3 Estimates of construction of new buildings including labor required.

COMPENSATION FOR BUILDINGS AND STRUCTURESBuildings and structures will be replaced by an equivalent siructure or, on an exception basis, casn andior

credits will be paid based on replacement costs.Item ExampleHouse Raw or Baked brick

Straw or tin roof To be determinedVarying sizes (small, medium large)

Kitchen Open, closed To be determined

Stables/sheds/pens Cattle, goat, pig, sheep, other To be determinedCoops Chicken, duck, other To be determinedFence Straw/poles (per unit poles & mat), raw and/or

baked brick/cement blocks (per 1-m length) To be determinedPrivate Bathing To be determinedLatrine Replacement latrines will be similar to those

currently operational and financed by the bank at To be determinedhealth centers, schools.

Open well Internally lined with concrete rings and provided To be determinedwith a hand driven pump

Storage building Cement/sand block walls with thatched roof on z- To be determinedprofiled metal sheets.

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Sun Screen open Similar to those replaced, on thatched roof on To be determinedhuts/shades I wood poles.

Compensation for Sacred Sites

Sacred sites include but are not restricted only to altars, initiation centers, ritual sites,tombs, and cemeteries. They include other such sites, places or features that areaccepted by practice, tradition and culture as sacred. To avoid any possible conflictsbetween individuals and/or communities, the use of sacred sites for any infrastructureproject activity is not permitted under this project.

Compensation for vegetable gardens and beehives

These are planted with vegetables and ingredients for daily use. Until a replacementgarden starts to bear, the family displaced as a result of the project land will need topurchase these items in the market. The replacement costs, therefore, will be calculatedbased on the average amount that an average town dweller spends on buying theseitems for one year per adult from the local market.

Beehives are placed in various locations in the bush by some individuals that specializein honey gathering. If such hives would be disturbed by the project activities, or accessto hives is denied, beekeepers can move them, and the bees will adapt to the newlocations. Beekeepers would be compensated by the value of one season's productioncosts of honey for each hive that is moved and any reasonable costs associated withmoving the hive.

Compensation for Horticultural, Floricultural and Fruit Trees

Large fruit/trees e.g. mangoes and coconut are important as a source of:( Subsistence food for families3 Petty market income in some areas, and

( Shade

Given their significance to the local subsistence economy, mango and coconut trees willbe compensated on a combined replacement /market value. Mango and coconut treesused for commercial purposes will be compensated at market value based on historicalproduction records. If households chose to resettle, they will be compensated for thelabor invested in the trees they leave behind. The compensation rate will be based oninformation obtained from the socio-economic study. From this study, a compensationschedule for trees can be developed incorporating the following goals:

(D Replace subsistence mango and coconut production yields as quickly as possible.1 Provide subsistence farmers will trees to extend the number of months of the year

during which fruit is produced and can be harvested as a supplemental source offood for their families during their "hungry season".

( Provide farmers with the opportunity to derive additional production income fromtrees bearing more valuable fruits at off-season periods.

3 Provide cash payments to farmers to replace pre-infrastructure projects incomederived from the sale of excess production until replacement trees produce theequivalent (or more) in projected cash income.

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It should be pointed out that the Valuation Division in the Ministry of Lands and HumanSettlement Development with effect from 2002, through the Chief Government Valuermaintains on annual basis, a Crop Compensation Schedule that lists all possible cropsand their respective population per ha and the compensating rate per ha or crop.Displaced people have to be issued with landforms, 59 and 70, which allows them toindicate what they expect to be compensated.

The compensation schedule is based on providing a combination of new grafted andlocal trees to farmers, as well as cash payments to offset lost yearly income.

Sapling Trees planted 0-1 Deliver to Farmerafter sub project cut-off G Choice of two mango trees (local and/or improved grafted)date in area will not be 40 Supplies: fencing to protect Tree, a bucket for watering, and aeligible for compensation spade.Sapliuno g Tree First 1-6 Deliver to farmer:minor production 12 - 50 0 Choice of two mango trees (local and /or improved grafted)fruits occurs about age 4 0) Supplies; fencing to protect Tree, a bucket for watering, and a- 5 spadeMango Trees Fruit 6-30+ Deliver to farmer:Producing 0 Choice of two mango trees (local and/or improved grafted)

0 Supplies: fencing to protect Tree, a bucket for watering, and aspade.

Mature Trees - Low or 30+ Same as for mature trees aboveNon - Fruit Producing

No compensation will be paid for minor pruning of trees. Compensation for removal oflimbs will be prorated on the basis of the number of square metres of surface arearemoved. The total surface area of the tree will be calculated using the followingformula: (1/2 diameter of canopy) 2 x 3.14.

Other Domestic Cash Crops and Fruit Trees.

These trees have recognized local market values. Depending upon the species and age.Individual compensation for wild trees "owned" by individuals who are located in lands asdefined in this policy, will be paid. Note that wild, productive trees belong to thecommunity when they occur in the true bush as opposed to a fallow land. These treeswill be compensated under the umbrella of the village or community compensation. Thetable presented here below shows example of crop and their value.

Perennial CropsSN Type of Crop Compensation Market Value in TSHS

Average cared Crop between Aged crop seedlingsmatured crop seedlings to

first harvest1.0 CASH CROPS

1 Coconut 22,000 11,000 5,500 2,2002 Cashew nuts 14,000 7,300 3650 14003 Sugar cane 800 400 200 804 Oil palm 12,000 8000 3,000 1,2005 Clove 28,000 14,000 7,000 2,0006 Msufi 3,000 2,500 1,250 500

2.0 Fruits7 Ovacado 3,000 6,500 3,250 1,300

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SN Type of Crop Compensation Market Value in TSHSAverage cared Crop between Aged crop seedlingsmatured crop seedlings to

first harvest8 Orange 7,000 7,000 3,500 1,4009 Lemon 3,500 2,500 1,250 50010 Lime 3,500 2,500 1,250 50011 Mango 8,000 8,000 4,000 1,60012 Guava 2,500 3,000 1,500 60013 Jackfruit 2,500 6,000 3,000 1,20014 Banana 4,000 5,500 2,750 1,10015 Pineapple 600 300 150 6016 Pawpaw 2,500 2,000 1,000 40017 Passion fruits 2,000 1,000 500 200

3.0 Spices _

18 Cardamon 2,000 3,500 1,750 70019 Cinamomum 1,000 800 400 16020 Black pepper 1,000 1,000 500 20021 Ginger 800 750 375 150

Value of Seasonal Crops per HectareCereals1 Maize 4,000 15,000 30,0002 Paddy 20,000 50,000 100,0003 Sorghum 2,500 5,000 10,000Oil seed4 Sun flower 10,000 35,000 70,0005 Groundnuts 20,000 75,000 150,006 Simsim 15,000 50,000 100,000Beans7 Choroko 4,000 15,000 30,0008 Beans 4,000 15,000 30,000

l __ 9 Mbaazi 10,000 30,000 | 65,000l_10 Kunde 4,000 15,000 _ 30,000 l

E E ~~~~~~~1 1 N jegere 30,000 90,000 |200,000ll___ Roots

12 Cocoyams | 20,000 50,000 100,000l___ 13 Cassava 47,500 1120,000 275,000

14 Sweet potatoes 15,000 50,000 100,000 _

15 Irish potatoes 25,000 150,000 | 300,000Vegetables16 Water melon 20,000 50,000 100,00017 Tomatoes | 50,000 200,000 400,000 l18 Green pepper | 20,000 | 50,000 100,00019 Hot pepper 30,000 100,000 200,00020 Saladi/lettuce 10,000 50,000 75,00021 Onions 50,000 | 300,000 600,00022 , Garlic 50,000 300,000 - 600,000Forestry Crops23 Sisal [ _ 2,000 l _l

24 Mikaritusi [ _ 3,500 l l| 25 | Michongoma | _ 3,500 l l

Source: Division of Valuation, Mwanza City Council.

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CHAPTER 10

ORGANIZATIONAL PROCEDURES FOR THE DELIVERY OF ENTITLEMENTS

The World Bank regulations do not allow to utilize the ATIP Grant for land purchase andcompensation. The Government of Tanzania may cover necessary land purchase andresettlement costs particularly for new courts of the Judiciary from own source revenue.The compensation process will involve several steps and would be in accordance withthe individual project resettlement and compensation plans, significantly;

(i) Public ParticipationFor some of the buildings that require resettlement and compensations, theDesignated Sector Environmental Coordinators would initiate the compensationprocess as part of an ongoing process that would have started at the landselection/screening stage and at the time the socio-economic assessment is beingcarried. This would ensure that no affected individual/household is simply "notified"one day that they are affected in this way. Instead, this process seeks theirinvolvement and wishes to inform communities in a participatory approach with theproject, from the beginning.

(ii) Notification of land resource holdersThe Designated Sector Environmental Coordinators involved in identifying the landwill notify the respective DistricVMunicipal Council, WDC, Village/Mtaa Council andvillage inhabitants who will help to identify and locate the property users. There willbe both formal and informal notification. In addition the VEOs, Village/MtaaCommittees and individuals who control land will accompany the survey teams toidentify sensitive areas.

(iii) Documentation of Holdings and AssetsThe Designated Sector Environmental Coordinators in collaboration withVillage/Mtaa officials and District Officers will arrange meetings with affectedindividuals and/or households to discuss the compensation process. For eachindividual or household affected, the Designated Sector Environmental Coordinatorswill completes a compensation dossier containing necessary personal information onthe affected party and those that s/he claims as household members, totallandholdings, inventory of assets affected, and information for monitoring their futuresituation. This information is confirmed and witnessed by the Designated SectorEnvironmental Coordinators, Village/Mtaa and District Officials. Dossiers will be keptcurrent and will include documentation of lands surrendered. Each individual will beprovided a copy of the dossier at the time of negotiations. This is necessary becauseit is one way in which an individual can be monitored over time. All claims and assetswill be documented in writing.

(iv) Agreement on Compensation and Preparation of ContractsAll types of compensation are clearly explained to the individual or household. TheDesignated Sector Environmental Coordinators draws up a contract, listing allproperty and land being surrendered, and the types of compensation (cash and/or in-kind) selected. A person selecting in-kind compensation has an order form, which is

33



signed and witnessed. The compensation contract is read aloud in the presence ofthe Designated Sector Environmental Coordinators, and the affected party,Village/Mtaa officials and other village/Mtaa leaders prior to signing.

(v) Compensation PaymentsAll handing over of property such as land and buildings and compensation paymentswill be made in the presence of the affected party and the village/Ward officials.

Community Compensation Payments

Community compensation will be in-kind only for a community as a whole in the form ofreconstruction of the facility to at least the same standard or equivalent better standardto that being removed to give way to the ATIP infrastructure. Examples of communitycompensation include;

* School Building (public or religious)Public ToiletsWell or PumpMarket Place

. Road* Storage warehouse

No infrastructure project will be approved that requires the displacement of additionalpersons for compensation or relocation.

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CHAPTER 11

IMPLEMENTATION PROCESS AND LINKING RESETTLEMENTIMPLEMENTATION TO CIVIL WORKS

Before any project activity is implemented, including the MJCA and PO-PSM who havealready been allocated plots, people who are affected and have been determined to beentitled to compensation will need to be compensated in accordance to the policy andthe resettlement policy framework. For construction of Judiciary Courts involving landacquisition, it is further required that these measures include provision of compensationand of other assistance required for relocation, prior to displacement, and preparationand provision of resettlement sites with adequate facilities, where required. In particular,the taking of land and related assets may take place only after compensation has beenpaid and, where applicable, resettlement sites and moving allowances have beenprovided to displaced persons. For construction activity requiring relocation or loss ofshelter, the policy further requires that measures to assist the displaced persons beimplemented in accordance with the project resettlement plan of action.

The measures to ensure compliance with this policy directive will be included in theresettlement and compensation plans that will be prepared for each land involvingresettlement or compensation. When the Designated Sector EnvironmentalCoordinators present their resettlement and compensation plans to the Registrar ofCourt of Appeal for the Judiciary for approval, part of the screening process that theproject implementing institutions particularly the Judiciary will use to approverecommended sites will be to confirm that the resettlement and compensation planscontain acceptable measures that link resettlement and compensation activity to civilworks in compliance with this policy.

The timing mechanism of these measures will ensure that no individual or affectedhousehold will be displaced due to civil works activity before compensation is paid andresettlement sites with adequate facilities are prepared and provided for to the individualor household affected. Once the resettlement and compensation plan is approved by theproject implementing institutions particularly the Judiciary, the resettlement andcompensation plan, will, at the discretion of the Bank, be sent to the World Bank for finalreview and approval.

35

The Government of the United Republic of Tanzania Resettlement Policy FrameworkTanzania Accountability, Transparency and Integrity Project

CHAPTER 12

GRIEVANCE REDRESS MECHANISMS

Displaced Persons will be provided opportunities to review baseline survey results andcompensation policies during the process of resettlement plan of action preparation andimplementation. At the time that the individual resettlement and compensation plans areapproved and individual compensation contracts are signed, affected individuals wouldhave been informed of the process for expressing dissatisfaction and to seek redress.

The grievance procedure will be simple, administered as far as possible at the local levelto facilitate access, flexible and open to various proofs taking into cognizance of the factmost people are illiterate and poor requiring a speedy, just and fair resolution of theirgrievances. The Local Government Authorities not being a party to the contracts wouldbe the best office to receive handle and rule on disputes. Failure of the Councils to settlethe disputes, the grievances concerning non-fulfillment of contracts, levels ofcompensation, or seizure of assets without compensation will be addressed to theexisting local courts system of administration of justice in the Districts. Local NGO's willbe engaged by the Designated Sector Environmental Coordinators to mediate disputes.

All attempts would be made to settle grievances. Those seeking redress and wishing tostate grievances would so by notifying the Designated Sector EnvironmentalCoordinators, their Village Council and the District Commissioner (DC) /DistrictExecutive Director (DED). The DC/DED will consult with the project implementinginstitutions-MJCA/PO-PSM/Judiciary and respective local governments,Ward/Village/Mtaa and other records to determine claims validity. If valid, theDesignated Sector Environmental Coordinators will notify the complainant and s/he willbe settled.

If the complainant's claim is rejected, then the matter will be brought before the LandTribunals and/or the local courts for settlement. If the matter cannot be settled by thelocal courts and/or the District Land Tribunals, the matter will go the High Court forresolution. The High Court of Tanzania will be the highest appellate "judge" in thissystem. The decision of the High Court would be final and all effort should be made toensure decisions are reached within a full growing season after the complaint is lodged.

If a complaint pattern emerges, the DC, DED and the Designated Sector EnvironmentalCoordinators will discuss possible remediation. The local leaders will be required to giveadvice concerning the need for revisions to procedures. Once the project implementinginstitutions-MJCA/Judiciary/PO-PSM agrees on necessary and appropriate changes,then a written description of the changed process will be made. The Designated SectorEnvironmental Coordinators, District Commissioner, DED, Ward and Village/Mtaaleaders will be responsible for communicating any changes to the population.

In the local cultures it takes people time to decide that they are aggrieved and want tocomplain. Therefore, the grievance procedures will give people up to the end of the nextfull agricultural season after surrendering their assets to set forth their case.

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CHAPTER 13

ARRANGEMENTS FOR FUNDING RESETTLEMENT AND COMPENSATION

The estimate of the overall cost of resettlement and compensation particularly forconstruction of the Judiciary buildings would be determined during the socio-economicstudy. The Government of Tanzania through the project implementing institutions -MJCA/PO-PSM/Judiciary would have to finance the resettlement and compensation plandepending on who's livelihoods have been impacted. At this stage, it is not possible toestimate the likely number of people who may be affected since the exact locations ofthe buildings have not yet been identified. When these locations are known, and afterthe conclusion of the site specific socio-economic study, information on specific impacts,individual and household incomes and numbers of affected people and otherdemographic data would be available, thus facilitating the preparation of a detailed andaccurate budget for resettlement and compensation.

Payment will then be made in a manner that complies with the administrative andfinancial procedures of the Central Government. The budget in the resettlement andcompensation plans will be subject to the approval of the World Bank. At this stagehowever, all that can be reasonably and meaningfully prepared is an indicative budget,highlighting key features that the budget must contain, inter alia, as follows;

_ | Item Costs (in US$)* Assumptions1 Compensation for loss of Land For land acquisition purposes, based on

$1,235/hectare cost realized in projects involving similarissues in Tanzania.

2 Compensation for loss of Crops $3,125/hectare of Includes costs of labor invested and averagefarm lost of highest price of staple food crops as per

methods described in Section G of this RPF3 Compensation for loss of access to local Those affected would be provided with a

quarries to mine stones for concreting and N/a license to re-start mining activities in newroad construction. approved quarries.

4 Compensation for loss of access to fishing Estimated Data provided from revised socio-economicresources. $2,000/fishmong study will determine market values of catch,

er, fishermen and fish products etc. that is produced.others

5 Compensation for Buildings and This compensation would be in-kind. TheseStructures Est new buildings would be built and then given

$20s000 to those affected. Cost based on basicfor all st$uctures housing needs for a family of ten, including

house with four bedrooms, ventilated pitlatrines, outside kitchen and storage.

6 Compensation for Trees $250/year/tree Based on methods described on page 28 ofthis RPF for compensation for trees.

7 Cost of Relocation Assistance/Expenses $150/household This cost is to facilitate transportation, etc.8 Cost of Restoration of Individual Income Est. $2500/per Assumed to be higher than the GDP/capita.

person9 Cost of Restoration of Household Income Est. $7500/ per For household of ten.

household10 Cost of Training Farmers This is a mitigation measure, which seeks to

$100,000 involve those affected in the projecttotal cost activities. This figure represents a costs of

around $25/person

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* These costs are indicative only and must be confirmed during the socio-economic study andrevised at the time the payments are made.

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CHAPTER 14

MECHANISMS FOR CONSULTATIONS WITH, AND PARTICIPATION OFDISPLACED PERSONS

Consultation with affected persons is the starting point for all activities concerningresettlement. In principal, the socioeconomic situation in Tanzania makes publicconsultation with the communities, indispensable. Furthermore, it is the localcommunities (who are to claim) ownership of some of the infrastructure project e.g.primary courts to be successful and their wealth of knowledge of local conditions areinvaluable assets to the project. In recognition of this, particular attention would be paidto public consultation with potentially affected individuals/households when resettlementand compensation concerns are involved.

Consultation with displaced persons will take place early in the process of RAPpreparation. The participation strategy would evolve around the provision of a fullopportunity for involvement. This process would not be an isolated one because of thevery nature of the project, which through its implementation and design ensurescontinuous public participation and involvement at the local level. Therefore, as a matterof strategy, public consultation would be an on-going activity taking place through out theentire project cycle. For example, public consultation would also occur during thepreparation of the; (i) the socio-economic study, (ii) the resettlement and compensationplan and (ii) the environmental impact assessment and (iv) during the drafting andreading of the compensation contract.

Public participation and consultation would take place through meetings, radio programs,request for written proposals/comments, filling in of questionnaires/forms, publicreadings and explanations of project ideas and requirements, making public documentsavailable at the District, Town, Division, Ward and Mtaa/Village levels at suitablelocations like the Municipal Hall, District Council Hall, official residences/offices of localleaders. These measures would take into account the low literacy levels prevalent inthese communities by allowing enough time for responses and feedback.

Notwithstanding, the best guarantor for public interest are Local Councilor who areresponsible members of their local communities and can inadvertently be part of thepotentially displaced individuals/households either in part or in whole.

Monitoring of this process would be through the Designated Sector EnvironmentalCoordinators and District Environment Management Officer3 as part of the individualresettlement and compensation plans and overall the monitoring and evaluation

6The Environment Management Act 2004 requires all Local Government Authority to appoint or designateDistrict/Mtaa/Kitongoji Environment Officer to over see environmental and related matters within their area ofjurisdiction

39q



mechanism of the entire project. This requirement is line in with the Bank policy ondisclosure.

40

The Govemment of the United Republic of Tanzania Resettlement Policy FrameworkTanzania Accountability, Transparency and Integrity Project

CHAPTER 15

ARRANGEMENTS FOR MONITORING

The primary aim of the monitoring and evaluation process is that the relevant institutionswill carry out continuous process monitoring of the RPF in order to correct and catch anyinconsistencies in how the resettlement is being implemented and rectify them. Thearrangements for monitoring would fit the overall monitoring plan of the entire ATIPproject, which will be through the project implementing institutions-MJCA/PO-PSM/Judiciary. The ATIP will institute an administrative reporting system that:

(a) alerts project authorities to the necessities of land acquisition for theinfrastructure projects,

(b) provides timely information about the valuation and negotiation process,(c) reports any grievances that require resolution, and(d) documents timely completion of project resettlement obligations ( i.e.

payment of the agreed-upon sums, construction of new structures, etc.)for all permanent and temporary loses, as well as unanticipated,additional construction damage.

Consistent with the Environmental and Social Management Framework, the DesignatedSector Environmental Coordinators particularly for Judiciary at the District level will beresponsible for periodically transferring the information compiled at Regional and Districtlevel to the PCU at MJCA so that it is alerted in a timely manner to any difficulties arisingat the local level.

The objective will be to make a final evaluation in order to determine:

(i) if affected people have been paid in full and before implementation of theinfrastructure projects,

(ii) if the people who were affected by the infrastructure projects have beenaffected in such a way that they are now living a higher standard than before,living at the same standard as before, or they are actually poorer than before.

A number of indicators would be used in order to determine the status of affected people(land being used compared to before, standard of house compared to before, level ofparticipation in project activities compared to before, how many kids in school comparedto before, health standards, etc). Therefore, the resettlement and compensation planswill set two major socio-economic goals by which to evaluate its success:

3 Affected individuals, households, and communities are able to maintain their pre-project standard of living, and even improve on it; and

( The local communities remain supportive of the project.

In order to access whether these goals are met, the resettlement and compensationplans will indicate parameters to be monitored, institute monitoring milestones andprovide resources necessary to carry out the monitoring activities.

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For example the following parameters and verifiable indicators will be used to measurethe resettlement and compensation plans performance;

• Questionnaire data will be entered into a database for comparative analysis atrelevant levels of the project implementing institutions -MJCA/PO-PSM/Judiciary,

) Each individual will have a compensation dossier recording his or her initialsituation, all subsequent project use of assets/improvements, and compensationagreed upon and received.

• The project implementing institutions particularly the Judiciary will maintain acomplete database on every individual impacted by the infrastructure projectsland use requirements including relocation/resettlement and compensation, landimpacts or damages

( Percentage of individuals selecting cash or a combination of cash and in-kindcompensation,

c) Proposed use of payments( The number of contentious cases out of the total cases) The number of grievances and time and quality of resolution

( Ability of individuals and families to re-establish their pre-displacement activities,land and crops or other alternative incomes

3 Number of impacted locals employed by the civil works contractors(M Seasonal or inter-annual fluctuation on key foodstuffs( General relations between the project and the local communities

The following indicators will be used to monitor and evaluate the implementation ofresettlement and compensation plans;

VERIFIABLE INDICATORSMonitoring Evaluation

Outstanding compensation or resettlement Outstanding individual compensation orcontracts not completed before next resettlement contracts.agricultural season.SEC unable to set village-level Outstanding compensation contracts.compensation after two years.Grievances recognized as legitimate out of All legitimate grievances rectifiedall complaints lodged.Pre- project production and income (year Affected individuals and/or householdsbefore land used) versus present compensated or resettled in first year whoproduction and income of resettlers, off- have maintained their previous standard offarm-income trainees livin at final evaluation.Pre- project production versus present Equal or improved production perproduction (crop for crop, land for land). household.

Financial records will be maintained by the project implementing institutions -MJCA/PO-PSM/Judiciary or the PCU at the Ministry of Justice and Constitution Affairs to permitcalculation of the final cost of resettlement and compensation per individual orhousehold. Each individual receiving compensation will have a dossier containing;

) Individual bio-data information,

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• Number of people s/he claims as household dependents(D Amount of land available to the individual or household when the dossier is

opened.

Additional information will be acquired for individuals eligible forresettlement/compensation:

( Level of income and of production( Inventory of material assets and improvements in land, and3 Debts.

Each time land is used by the project; the dossier will be updated to determine if theindividual or household is being affected to the point of economic non-viability andeligibility for compensation/resettlement or its alternatives. These dossiers will providethe foundation for monitoring and evaluation, as well as documentation of compensationagreed to, received, and signed for.

It is normal that some compensation procedures and rates may require revision at sometime during the project cycle. The PCU will implement changes, using feed back from:

• Indicators monitored by the project implementing institutions (i.e. the Judiciary) todetermine whether goals are being met, and

( A grievance procedure for the local community to express dissatisfaction aboutimplementation of compensation and resettlement.

This framework is suggesting that the office of the National Environmental ManagementCouncil (NEMC), in Tanzania is structured into the whole monitoring and evaluationcomponent of the project. This would give NEMC the mandate to carry out independentmonitoring of the implementation of the resettlement and compensation plans at periodicintervals of quarterly or half yearly (as circumstances dictate) during the project libe.Their report would then be sent to the project implementing institutions - MJCA/PO-PSM/Judiciary or the PCU of the Ministry of Justice and Constitutional Affairs andbecome part of the official documents of the project.

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REFERENCES.

1. MJCA, (2005), Accountability, Transparency and Integrity Programme; Technicalassistance Consultancy Services for The Feasibility Study and Pre-Contract Servicesfor the Judiciary Infrastructure (Final Report) Ministry of Justice and ConstitutionalAffairs 2005

2. NEMC, (1997), The EIA Procedure and Guidelines3. URT, (1967), The Land Acquisition Act No 47 of 19674. URT, (1977), The Constitution of the United Republic of Tanzania5. URT, (1982), The Local Government Act (District and Urban Authorities of 1982)6. URT, (1994), The National Environmental Action Plan7. URT, (1996), The National Land Policy8. URT, (1997), The National Environmental Policy9. URT, (1999), The National Land Act10. URT, (2000), The National Poverty Eradication Strategy11. URT, (2001), The Land Act No. 4 Regulations 2001 subsidiary Legislation (Supp. No.

16 of 4th May 2001)12. URT, (2003), The Environmental and Social Management Framework and

Resettlement Policy Framework for the Local Government Support Programme(LGSP), 2003.

13. URT, (2004), TASAF II Resettlement Policy Framework, TASAF, 2004.14. URT, (2004), The Environment Management Act 20 of 200415. URT, (2004), The Legal Sector Reform Programme: Medium Term Strategy, Volume

I and 11, 2004

16. URT, (2004), The Public Procurement Act 200417. URT, (2005), The Feasibility Study and Detailed Design of Upgrading of the National

Records Centre, Tanzania, Preliminary Report, President's Office, PSM, 2005.18. URT, (2005), The Judiciary Services Act 200519. URT, (2005), The National Strategy for Growth and Reduction of Poverty (NSGRP),

Vice President Office, 2005.20. URT, (2005), The Office of the Attorney general (discharge of Duties) Act 200521. URT/VPO, June 2005. National Strategy For Growth and Reduction of Poverty22. World Bank (2004), Involuntary Resettlement Policy OP 4.12 (Revised April 2004),

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ANNEX 1: LIST OF INDIVIDUALS/INSTITUTIONS CONTACTED

Region Date Person met Title and InstitutionDar es Salaam Friday, 12/08/2005 Mrs. Salome S. Mollel Director of Administration and Personnel (DAP)

Ministry of Justice and Constitution Affairs (MJCA)Mr. Godfrey Mashauri DAP

President Office - Public Service ManagementMr. Peter.J Mlyansi Director for Records and Archives Department

PO - Public Service ManagementFriday, Ms. Ama Munisi Programme Coordinator,19/08/2005 Legal Sector Reform Programme (LSRP)

MJCAMr. Christopher Mayenga Principle Records Officer

MJCAMr. D.M. Nsakuzi A.g. Assistant Commissioner (Legal)

Ministry of Lands and Human Settlements DevelopmentMr. Rawson P. Yonazi Assistant Director (Policy and Planning)

Division of EnvironmentVice President Office

Monday, Mr. J.R. Kombe A.g. Director of Environmental Impact Assessment22 August 2005 National Environment Management Council

Mr. R. Muyungi Assistant Director (Environmental Impact Assessment),Division of EnvironmentVice President Office

Tuesday, Mr. Njau A.g. Chief Executive Officer23 August 2005 Tanzania Building Agency

Mr. Tunaliaga Richard ArchitectureTanzania Building Agency

Mr. Hans Patrick Environmental EngineerTanzania Building Agency

Mr. L.M Banzi Chief ValuerMinistry of Lands and Human Settlements Development

Mr. D. Kahanda Assistant Chief ValuerMinistry of Lands and Human Settlements Development

Mr. Augustine A. Shayo RegistrarHigh Court of Tanzania

Mr. Agathon A. Nchimbi Director of Primary CourtsCourt of Appeal of Tanzania

Mr. L. Uzia Director of District CourtsCourt of Appeal of Tanzania

Ms. Sophia Wambura Senior Deputy RegistrarCourt of Appeal of Tanzania

aodoma Thursday, Hon. Judge S.S. Kaijage Judge-in-Charge25 - 28 August Dodoma High Court Center2005 Mr. Jacob Somi District Registrar

Dodoma High Court CenterMr. Richard M. Kibella Dodoma District Magistrate-in-ChargeMs. Rose Lyimo Dodoma Urban Primary Court MagistrateMr. Alphonce Mwangwale Assistant Director

Records and Archives Management DivisionMr. Augustine Mhina Administrative Officer (Records Office)

Records and Archives Management DivisionMr. Emson Adamson Director of Planning -Mwanamtwa Capital Development Authority

_________________________________ Dodoma Municipal Council

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Region Date Person met Title and InstitutionMr. E. De Souza A.g. Municipal Natural Resource Officer

Dodoma Municipal CouncilMr. Donald Mwakalinga Forester

Dodoma Municipal CouncilMr. Heriudi E. Mwamtemi Senior District Magistrate

Kongwa District CouncilMr. Balisidy David Kongwa Primary Court Magistrate

Kongwa District CouncilMs. Angelina Mjilima Registry Assistant,

Sagara Primary CourtKongwa District Council

Dr. Fredrick Kasanga a.g. Executive DirectorKongwa District Council

Mbeya Tuesday, Hon Judge J.M. Mackanja Judge-in-Charge30/08- 03/09/2005 Mbeya High Court Center

Mr. Batista John Mhelela Mbeya Resident Magistrate-in-ChargeMs. Alice Nkasela Mbeya Urban Primary Court Magistrate-in-ChargeMs. Alistida Valeliani Mbeya Urban Primary Court MagistrateMs. U. Mwantanji Mbalizi Primary Court

Mbeya Municipal CouncilMr. Ephraim Mkumbo Mbeya Municipal Town Planner

Mbeya Municipal CouncilMr. Shaibu z. Muyinga District Executive Director

Mbalali District CouncilMr. A. S. Mnyokanyoka Rujewa Urban Primary Court Magistrate-in-Charge

Mbalali District CouncilMr. Martine Mwansasu Rujewa Urban Primary Court MagistrateMs. Ruth Mwaipaja Registry Assistant, Chimala Primary Court

Mbalali District Council_wanza Monday, Mr. J.R. Kahyoza District Registrar

5 - 08/09/2005 Mwanza High Court CenterMs. Fredrika Mgaya Mwanza Resident Magistrate in ChargeMr. Ezekiel Kitilya Mwanza City Land Development Officer

Mwanza City CouncilMr. M.A. Maneno Senior Valuer

Mwanza City Council OfficeMr. I.C. Mugeta Resident Magistrate in Charge

Nyamagana District CourtsMrs. Mary Masolwa Mkuyuni Primary Court Magistrate in Charge

Mwanza City CouncilMr. l.O. Hozza Magu District Court Magistrate in Charge

Magu District CouncilMr. J. Mathusela Magu Urban Primary Court Magistrate in Charge

Magu District CouncilMs. Asitelia Uliza Magu Urban Primary Court Magistrate

Magu District CouncilDar es Salaam 04/10/2005 Mr. Augustine A. Shayo Registrar

(Technical Review High Court of Tanzaniameeting) Ms. Ama Munisi Programme Coordinator,

Legal Sector Reform Programme (LSRP)MJCA

Mr. Denis Biseko World Bank RepresentativeMr. David Jairo A.g. PPF-ATIP AdministratorMr. Fredrick Rugiga Director of Environmental Impact Assessment

National Environment Management CouncilMr. Alphonce Mwangwale Assistant Director

_____________ __________________ ________________________ Records and Archives M anagement Division

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ANNEX 2: INSTITUTIONAL STRUCTURE OF PROJECTBENEFICIARY INSTITUTIONS

Ministry of Justice and Constitutional Affairs (MJCA)

The MJCA has the responsibility of formulating policies for effectiveness of the national legalframework and administration of justice system in Tanzania. The current organization structure(as approved by the President on 30th May, 2002) shows that administratively, the MJCA being acentral government ministry is highly centralized with the following key positions andresponsibilities: Minister, Attorney General Chambers (AGC) - constituted by the AttorneyGeneral, Deputy Attorney General who is also the Permanent Secretary, and Different Divisionsheaded by Directors that undertake the functions of the ministry. The Attorney General is theprincipal legal advisor for the government. The Deputy Attorney General/Permanent Secretary isthe Chief Executive and Accounting Officer of the AGC and the Ministry.

Presently, the ATIP Project Management/Coordination Unit (PMU/PCU) is under the Policy,Planning and Information Services Division. The other department important in the infrastructuredevelopment component of the ATIP is the Department of Administration and Personnelresponsible for human resource management and development and social welfare, procurementof goods and services and security and safeguard of public property.

The Ministry is only represented at the zonal level by the Department of Public Prosecution, withZone Officers MJCA is not represented in most Districts or in the rural areas with the exception offew district office of the Administrator General. These MJCA zonal or district offices are usuallyaccommodated at the Judiciary centers e.g. High Court Zonal Centers/Resident Magistrate Courtand District Courts. Unlike organizational set-ups common to central government ministries inTanzania, the MJCA operates more as the Office of the Attorney General and this has led tomanagement and accountability constrains. Thus, the organization structure is under review.

The Judiciary

The Judiciary is independent in dispensing justice. Currently, the Judiciary has 1027 PrimaryCourts, 86 District Courts, 21 Resident Magistrate Courts, a High Court with 13 zones and theCourt of Appeal7 . The Court of Appeal does not have its own premises and has jurisdiction in thewhole URT. Commercial Court and Land Division deal with commercial and lands disputes. TheJudiciary is relatively decentralized with the following key component and responsibilities.

The Honorable Chief Justice is the overall head of the Judiciary and is assisted by Jaji Kiongozi(Principal Judge) who is the head of the High Court.The Court of Appeal has nine (9) Hon. Judges of Appeal.The Registrar of the Court of Appeal of Tanzania is the CEO and accounting officer of theJudiciary providing administrative support to all courts in the country.

High Court CentersCurrently there are 13 zonal high court centers, which comprises of one or three Regionsincluding:

- Dar es Salaam Zone (serving DSM, Morogoro and Coast regions)- Bukoba Zone- Dodoma Zone (serving Dodoma and Singida regions)

7 URT, 2004. Legal Sector Reform programme - Medium Term Strategy.

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- Arusha Zone (serving Arusha and Manyara regions)- Tanga Zone- Moshi Zone- Songea Zone- Tabora Zone (serving Tabora, Kigoma and Shinyanga regions)- Mwanza Zone (serving Mwanza and Mara regions)- Mbeya Zone (serving Mbeya, Iringa,)- Rukwa Zone- Mtwara Zone (serving Mtwara and Lindi regions)

Each High Court is headed by a High Court Judge-in-Charge. In most zones the High Courts arelocated within the Judiciary center. The Judicial policy is to have one high court center at eachregion.

Resident Magistrate's CourtsRM's Court is the highest judiciary level of courts in a Region and is headed by a High CourtJudge-in-Charge. RM's Courts hold high court sessions when necessary. There are 5/6Magistrates working in such courts.

District CourtsMost are in District urban areas, usually combined with the Urban Primary Court. The DistrictCourt buildings form the center of the Judiciary including allocation of district and primary courtsessions and magistrate assignments. A number of Districts do not have court buildings and stilloperate from the old districts. Thus these old courts are very busy places having to accommodateand serve a large population and number of cases. The following Districts have no court building:

1) Dar es Salaam: i) llala, ii) Temeke, iii) Kinondoni,2) Arusha: i) Arusha, ii) Monduli, iii) Ngororngoro,3) Manyara: i) Hanang, v) Kiteto, vi) Mbulu4) Kilimanjaro: i) Same, ii) Rombo, iii) Mwanga5) Mwanza: i) Nyamagana, ii) Ukerewe, iii) Geita, iv) Ngudu/Kwimba6) Mbeya: i) Tukuyu, ii) Mbozi, iii) Chunya,7) Dodoma: i) Dodoma, ii) Kondoa,8) Tabora: i) Nzega, ii) Igunga,9) Kigoma: i) Kigoma, ii) Kasulu,10) Kagera: i) Bukoba, ii) Muleba, iii) Ngara, iv) Biharamulo, v) Karagwe11) Tanga: i) Muheza, ii) Handeni, iii) Pangani, iv) Korogwe,12) Morogoro: i) Morogoro, ii) Kilosa, iii) Mahenge, iv) Ifakara, v)Kilombero,13) Singida: i) Singida, ii) Manyoni, iii) Iramba14) Mtwara: i) Masasi15) Lindi: i) Lindi, ii) Liwale, iii) Kilwa16) Mara: i) Musoma, ii) Serengeti, iii) Mugumu17) Coast: i) Kibaha, ii) Bagamoyo, iii) Utete/Rufiji, iv) Kisarawe18) Ruvuma: i) Songea19) Shinyanga: i) Bariadi, ii) Meatu, iii) Kahama20) Rukwa: i) Sumbawanga, ii) Mpanda

Primary CourtsPrimary courts are divided into courts with permanent Magistrate and courts with visitingMagistrate. Urban primary courts - have very little space comparing to the number of magistrates,and court cases. Most courts have not been rehabilitated since construction.

President's Office - Public Services ManagementThe current organization structure of the PO- PSM (as approved by the President in April, 2001)shows a centralized administrative structure with the following key positions and responsibilities:Minister, Permanent Secretary, and Different Divisions headed by Directors. The development ofthe National Records Center will be under Records and Archives Division which also links up withthe overall ATIP Project Management/Coordination Unit (PMU/PCU) under the MJCA. Currently

48


there are five Zonal Records Centers at Mwanza, Arusha, Tanga, Dodoma, and Mbeya. Plansare under way to establish a center at Mtwara.

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The Govemment of the United Republic of Tanzania Resettlement Policy FrameworkTanzania Accountability, Transparency and Integrity Project

Annex 3: Detailed ATIP Project Description and TOR1.0 INTRODUCTION

1.1 Background

In recent years, the Government of Tanzania (GOT) has embarked on an ambitious reform agenda: publicservice (PSRP), public finance (PFMRP) local government (LGRP) and the legal sector reform (LSRP).. Inaddition, it defined, in close collaboration with its development partners (DPs), comprehensive anti-corruption. This holistic strategic approach to improve its governance system is reflected in "The NationalFramework on Good Governance" (GOT, December 1999) and in the national Poverty Reduction Strategy.The Government has therefore through the support of the World Bank in collaboration with otherDevelopment Partners intends to strengthen accountability, transparency and integrity with a view promotinggood governance in the country. It is in this context that an Accountability, Transparency and IntegrityProject (ATIP) will be implemented. The primary objective of ATIP is to support the implementation ofTanzania's strategic framework for good governance. ATIP aims at improving outcomes and impacts ofdevelopment programs on the poor by enhancing the quality of governance. This will be done through: (i)strengthening the legal and judicial systems; (ii) enhancing public financial accountability; (iii) strengtheningoversight and watchdog institutions (OWls), particularly, supporting the drive to combat corruption; and (iv)improving coordination, management and monitoring and evaluation (M&E) of Government's programsaimed at enhancing transparency and integrity for greater accountability. The IDA project would supportthese four components and would seek to complement other DPs' programs/projects in these areas.

1.2 Preliminary Project Description

The Project will have four main components, as follows:

(a) Strengthening legal and judicial system:

The Project in collaboration with other development partners will support selected outputs of theGovernment's LSRP Medium Term Strategy, Work Plans and Cost estimates (2005/06-2007/08). Theassistance shall include consultancies, training equipment, furniture, dissemination of legal informationand materials and some infrastructure development that will improve the following areas:

1. National Legal Framework;2. Access to Justice for the Poor and Disadvantaged;3. Human Rights and Administrative Justice;4. Knowledge and Skills of Legal Professionals;5. Service Delivery Capacity in Key Legal Institutions;6. Programme Management, Coordination Monitoring and Evaluation.

Specifically the Project will fund civil works rehabilitation/construction costs of selected high prioritystructures categorized as follows:

i. Chambers for High Court and Court of Appeal Judgesii. Ministry of Justice and Constitutional Affairsiii. Resident Magistrates' and District Courtsiv. Primary Courts

(b) Enhancing Public Financial Accountability

The project will support activities leading to five key outputs contributing to greater financialaccountability:

1. An Effective public procurement system: Major interventions to be supported in this area will include:drafting new laws, regulations, procedures and controls that will govern procurement by all publicagencies; facilitating local training institutions to develop a curriculum and capacity to train aprocurement cadre for the public service; and other capacity building measures to establishprocurement units in MDAs and to contract out services.

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2. An Effective internal audit system.: The project will support in close collaboration with SIDA thedesigning and implementation of a cost-effective internal audit system. The interventions will includeconsultancies, training, computers, other office equipment and vehicles.

3. An independent and effective National Audit Office (NAO): The project will make available theassistance needed to improve the capacity of the office through training of staff in new and modernaudit techniques (especially audit of computer systems and value for money audits), equipping theOCAG's offices in the districts, and procuring transport to facilitate travel to remote rural service deliverycenters for audit. The assistance however, would be based on the achievements made so far in thestrengthening of the Public Finance Management systems.

4. Enhanced standards and effectiveness of the accounting profession in the country:The Project will support the strengthening of good governance in accounting and auditing practice aswell as enabling the NBAA to effectively regulate the accounting profession in the country based on thestudies made under the FILM UP and preliminary findings of the FILM UP Implementation CompletionReport(ICR). The assistance will therefore include consultancies, training, computers, other officeequipment and vehicles.

5. Effective records management and information dissemination systems in MDAs: The Project willsustain achievements made under the two successive projects funded by DFID under the PSRP thatpiloted a programme for improving records management in MDAswhich was limited to some MDAs. TheATIP will therefore provide: (i) on a demand-driven basis funds for the implementation of MDAs'strategies and action plans for development of their records management and information systems (thiswill be within the same strategic framework for improving the MDA's service delivery standards underthe PSRP), and (ii) support to the construction and equipping of the National Records and ArchivesCenter.

(c) Strengthening oversight and watchdog institutions (OWIS)

This component aims at strengthening the demand side of the accountability equation. In this regard, at thisstage of project development, it is clear that technical assistance will be needed under the project to, as apriority, rationalize the mandates, roles and functions of the plethora of public OWls that have beenestablished over the years.lt is, nonetheless, anticipated that among the public OWls that will receivetechnical assistance to build their capacity and improve their performance are:

(i) the Prevention of Corruption Bureau;(ii) the relevant Committees of the Parliament and Secretariats and(iii) the MDAs will also be supported to implement their anti-corruption and action plans on a demand-

driven basis, provided that the MDAs meet specific criteria. The project will also provide technicalassistance to develop and strengthen the operations of civil society organizations that are activewatchdogs on public accountability. The plan is to deliver this support on a demand-driven basis. In thiscontext IDA would integrate in its approach lessons learned from others presently involved in supportingIEC for civil society, e.g., the Netherlands, UNDP, EU and others.

(d) Program Management and Coordination

This component has three sub-components:

* First, strengthening program management and coordination: The project will provide the technicalassistance and means needed to ensure that the "Accountability, Transparency and Integrity"coordination unit that Government has decided to establish in the Office of the Chief Secretary/ Head ofthe Public Service functions efficiently and effectively.

* Second, independent Monitoring and Evaluation (M&E) of public accountability: The project will fundcontracts for developing and maintaining a cost-efficient system for the M&E of public accountability by anindependent agency.

* Third, a Fund for Enhanced Accountability and Transparency (FEAT): The project will establish andoperate this fund as a vehicle through which all the various demand-driven interventions will be supportedunder the project. Areas for such interventions that have already been identified include support to: (i)MDAs in developing their records management and information dissemination systems, and implementing

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their anti-corruption action plans, and (ii) develop and strengthen the watchdog functions of civil societyorganizations.

2.0 Objective of the Resettlement Policy Framework

The objective of developing a Resettlement Policy Framework is to assist the Government in designing andimplementing strategies that would assist in mitigating anticipated long term severe hardships,impoverishment and environmental damage risks in the implementation of the infrastructure developmentinterventions under the Project. The Resettlement Policy Framework will therefore define the scope of theResettlement Assistance Programme interventions.

3.0 Context of the Resettlement Policy Framework

The designing of a Resettlement Policy Framework would be consistent with the Bank's safeguard policy OP4.12. This policy requires that all Bank-financed operations screened for potential environmental and socialimpacts be supported by a Resettlement Policy Framework. The Framework should identify all involuntaryresettlements under the planned infrastructure if unmitigated would give rise to severe economic, social andenvironmental risks. These include production system dismantled, people facing impoverishment when theirproductive skills may be less applicable and competition of resources is greater, community institutions andsocial networks that are weakened, kin groups dispersed, and cultural identity, traditional authority and thepotential for mutual help diminished or loss. The identification of all these risk would assist in defining scopeof the Resettlement Assistance Programme for affected persons.

4.0 Scope of Work

1. Project Description: Provide a brief description of the project, especially for readers who may not seeother project documentation. Include all locations that this project will impact. Summarize all projectcomponents briefly. Provide more detail of those components and/or activities which trigger safeguardpolicies, especially those requiring land acquisition, resettlement, and/or restricts access to naturalresources.

Explain why a RAP or Abbreviated RAP cannot be done at this time. Include estimated scope of impact.

2. Objectives and Terms of Preparation. Provide objectives of task of preparing RPF. State conditionsfor the work, actions taken, and basic steps in producing the final RPF.

3. Preparing RAP. Describe process by which RAPs will be prepared, approved, and monitored onceimpact location is known. The RPF must note that this document follows the WB requirements andsafeguard policies, and designed to meet government legal requirements.

4. Impacted Population. Estimate impacted population. Include individuals and groups impacted,categories of impacted people, numbers impacted, degree of impact, and budgets. This will be furtherdetailed in the RAP once activity and location are specifically known.

5. Eligibility. Establish method to determine a cut-off date for compensation. Provide description ofdifferent categories of impacted people determined by degree of impact and assets lost. Define criteriato be used in identifying who is eligible for compensation for each category of population impacted.RAPs will need to further elaborate on amount of losses, ownership status, tenancy status, and anyother relevant information. Identify who and how impacted persons will be impacted, who will determineeligibility, and how process will work.

6. Legal Frameworks. Review relevant national laws especially with regards to land ownership andtenure rights, taking of land and other assets, access to resources, as well as any other items worthnoting. Discuss similarities and gaps between WB requirements and government legal requirements.What measures will be put in place to bridge any gaps. If there are discrepancies between WBrequirements and government requirements WB policies will prevail.

7. Valuing Assets. Describe method(s) by which assets will be valued and deemed eligible forcompensation. Explain methods for inventorying assets, assigning values to each type of asset, and

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terms of agreements for affected persons and groups. Provide, if possible, a table showing expectedtypes of people impacted, types of losses, compensation actions and estimated amounts.

8. Delivery of Compensation. Describe organization and procedures for delivery of compensationincluding responsible agencies.

9. Implementation Process. Describe how activities trigger safeguard policies and what actions will betaken to ensure due process. Include how RAP will be implemented, how compensation will be paid,and other implementation related activities.

10. Grievance Redress Mechanisms. Describe the mechanisms available to affected people forcomplaints about aspects of their treatment under this project activities. Show how the mechanism willbe accessible (include: language, distance, and cost) to affected people, and what recourse/appealfrom the local grievance mechanism may be available.

11. Funding. Estimate overall resettlement costs, including oversite and sub-project implementation.Describe how compensation will be funded. Who will fund? Who will dispense? How will funding bedispensed? When will it be dispensed? Include cost estimates, flow of funds, and contingencyarrangements. Estimate the overall costs of resettlement, including funds for general oversight and forimplementation of subprojects. Show the sources of funds.

12. Consultation. Consultations must be done for both the Resettlement Policy Framework, from whichresettlement parameters will be carried out, and each sub-project RAP. Describe how affected peopleswill be consulted and participate in planning, implementation, and monitoring. During consultationprocess, the affected persons will also be informed of grievance procedures.

For the RPF, show that meaningful consultation is being carried out with a broad array of stakeholdersincluding both borrower officials at every level, and the types of people who may be the beneficiaries of,and affected by, typical subprojects. (include list of consultations in Annex) Show that the draft RPF is tobe, or has been, circulated to interested parties, and that further consultations will take place beforefinalization. Insert a record of all such consultations as an annex to the RPF. Once specific projectactivities and site locations are known, show how the people affected by the particular subprojects willbe consulted throughout the process of sub-project RAPs.

13. Monitoring. Describe how RAPs will be implemented and monitored. Include who is implementingagency, who is responsible for monitoring, and how will monitoring be done, including frequency ofmonitoring. Ensure that all affected people will be monitored to ensure achievement of resettlementgoals. Include reporting mechanism, how this information will be utilized in project implementation,as well as reporting of non-compliance and grievances.

5.0 Output

A Resettlement Policy Framework (RPF).

6.0 Reporting

The RAP will be written in English and will include the following sections:

* Cover page* Table of contents* List of acronyms• Executive summary (English)* Introduction* Project description* Objectives of the Resettlement Policy Framework* Methodology used to prepare the Resettlement Policy Framework* Overview of Tanzania's policies, laws, procedures, regulatory and administrative frameworks on

involuntary resettlements* Overview of the World Bank's Resettlement Policies* Identification of Mitigating Resettlement Interventions:o Steps required

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o Annexes:

1. Provide matrix of entitlement.

11. List all Consultations: Who was consulted? When were they consulted? What issues wereraised? How were these issues addressed and incorporated into planning process?

Ill. If the Resettlement policy is triggered and once subproject activities and locations areknown, sub-project RAPs will need to be prepared. These RAPs must followprocedures set forth in this RPF. Additionally, RAPs will include:

1. Baseline Census;2. Socio-Economic Survey;3. Specific Compensation Rates and Standards;4. Entitlements related to any additional impacts;5. Site Description;6. Programs to Improve or Restore Livelihoods and Standards of Living;7. Implementation Schedule;8. Detailed Cost Estimate References.

7.0 Staffing Of The Consultancy And Duration Of Assignment

* Consulting team with expertise in defining resettlement policies framework and strengthening ofinstitutional capacity in these areas

* The duration of the assignment would be about six weeks, involving 2 weeks.

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