final draft abbreviated resettlement action plan for
TRANSCRIPT
i
Skills Development Project
(SDP)
Credit No . IDA : 131660
FINAL DRAFT
ABBREVIATED RESETTLEMENT ACTION PLAN
FOR PROPOSED SITE OF
TOURISM & HOSPITALITY SKILLS DEVELOPMENT CENTRE
AT DUNDUZU, MZUZU, MALAWI.
The University Registrar,
Mzuzu University
Private Bag 201
Luwinga
Mzuzu
Phone : 265 -1 – 320 777
Facsimile: 265 -1 – 320 505
June 2016
SFG2572 V1 P
ublic
Dis
clos
ure
Aut
horiz
edP
ublic
Dis
clos
ure
Aut
horiz
edP
ublic
Dis
clos
ure
Aut
horiz
edP
ublic
Dis
clos
ure
Aut
horiz
edP
ublic
Dis
clos
ure
Aut
horiz
edP
ublic
Dis
clos
ure
Aut
horiz
edP
ublic
Dis
clos
ure
Aut
horiz
edP
ublic
Dis
clos
ure
Aut
horiz
ed
ii
Table of Contents
Executive summary iv
1.0.0 BACKGROUND ON THE PROJECT AREA AND THE PROJECT. 1
1.1.0 The project area.
1.2.0 The proposed project
1.3.0 Background to the preparation of Abbreviated Resettlement Action Plan .
1.4.0 Rationale for Abbreviated Resettlement Action Plan
1.5.0 Aim and objectives of Abbreviated Resettlement Action Plan
1.6.0 Methodology on preparation of Abbreviated Resettlement Action Plan.
1.7.0 Limitations and gaps in the report
2.0.0 DESCRIPTION OF PROJECT AFFECTED PEOPLE AND INVENTORY OF ASSETS ON THE SITE. 5
2.1.0 Cut – off date for census of project affected households.
2.3.0 Identification of project affected households
2.4.0 Description of socio-economic characteristics of project affected households.
2.5.0 Inventories of assets on the site.
3.0.0 BRIEF DESCRIPTION OF POLICIES OF WORLD BANK AND GOVERNMENT OF MALAWI
AND IMPLICATIONS ON COMPENSATIONS. 9
3.1.0 Review of policies on land and property compensations in Malawi.
3.2.0 Involuntary Resettlement Policies of the World Bank
3.3.0 Comparisons and gaps between policies of World Bank and Malawi on compensations
3.4.0 World Bank Safeguards and Implications on member countries.
3.5.0 Assessment of compensation gaps between entitlements under Resettlement Policy Framework
and compensation paid by Malawi Government.
3.6.0 Principles of fair compensations to project affected households
.
4.0.0 DESCRIPTION OF COMPENSATION ENTITLEMENTS AND RESETTLEMENT ASSISTANCE TO
PROJECT AFFECTED PEOPLE. 13
4.1.0 Description of compensation entitlement to project affected households.
4.2.0 Recommended Compensation Packages to project affected households.
4..3.0 Description of Resettlement Assistance to project affected households
5.0.0 GREVIENCE REDRESS MECHANISM. 14
5.1.0 Simple procedures for grievance redress mechanism
6.0.0 IMPLEMENATION OF ABBREVIATED RESETTLEMENT ACTION PLAN 15
6.1.0 Description of institutions and roles on Abbreviated Resettlement Action Plan
6.2.0 Timetable for implementation of Abbreviated Resettlement Action Plan
6.3.0 Budget for implementation of Abbreviated Resettlement Action Plan
7.0.0 MONITORING IMPLEMENTATION OF ABBREVIATED RESETTMENT ACTION PLAN 19
8.0.0 SUMMARY RECOMMENDATIONS. 21
8.1.0 Payment of compensations to project affected households
iii
8.2.0 Resettlement Assistance to project affected households.
References 22
Tables
Table 1 : Outline of selected differences on management of resettlement between Involuntary Resettlement Policies and Laws of Malawi. 12
Table 2: Timetable for implementation of Abbreviated Resettlement Action Plan 17 Table 3 Budget for implementation of Abbreviated Resettlement Action Plan 18 Table 4: Monitoring Plan 20 Annexes. Annex 1: Census for project affected households on the project site 22 Annex 2: Census of pieces of land and land uses by project affected people. 24 Annex 3: Socio-economic characteristics of project affected households 25 Annex 4: Inventory of assets of project affected households. 27 Annex 5: Characteristics of housing conditions of project affected persons. 28 Annex 6: Description of replacement values of building properties for project affected people 29 Annex 7: Records of payment of compensations for buildings properties and trees. 31 Annex 8: Summary of projected maize yields from gardens of project affected persons 33 Annex 9: Summary of projected business losses from gardens and recommended disturbance allowance. 34 Annex 10: Terms of reference for Abbreviated Resettlement Action Plan 35 Annex 11: List of people consulted in preparation of Abbreviated Resettlement Action Plan 37 Annex 12: Copy of minutes at meeting with project affected households. 38 Annex 13: Summary of entitlements for various categories of project affected people. 40
Acronyms ARAP : Abbreviated Resettlement Action Plan DC : District Commissioner Ha : hectare IDA : International Development Association MZUNI : Mzuzu University NCHE : National Council for Higher Education OP : Operational Policy OPC : Office of President and Cabinet
iv
EXECUTIVE SUMMARY
1.0 This document serves as an Abbreviated Resettlement Action Plan for the site earmarked for
construction of Tourism and Hospitality Skills Development Centre under Mzuzu University. The
project area is within peri-urban of City of Mzuzu. The affected area is about 4.668 hectares of
customary land. Mzuzu University is the second public university in Malawi.
The proposed Tourism and Hospitality Skills Development Centre will be funded under Skills
Development Project (Credit IDA 131 660), financed by a loan from International Development
Association (IDA) of the World Bank Group. Skills Development Project covers projects in tertiary and
skills development institutions in Malawi.
The aim of the Abbreviated Resettlement Action Plan is to guide on compensation and re settlement
assistance for project affected households. The project affected people are rural resource poor people
who have been on the site for over 70 years. The affected area is about 4.668 hectares of customary
land. Project affected households legally own this land through customary land tenure. Part of land
has been used for construction of houses and other properties, and part of the land is used for
farming.
2.0 Malawi Government acquired 3.3 hectares of customary land at Dunduzu area (peri - urban of City of
Mzuzu) sometime in 2014 for the development of Tourism and Hospitality Skills Development Centre by
Mzuzu University. Five household owned land within this 3.3 hectares under customary land tenure basis.
Two of the five households lived on the site – with houses and gardens. Two other households had gardens
for food crops and timber trees. One affected household had uncompleted structures for a lodge (along the
main road).
In September 2015, Malawi Government went ahead to compensate the 5 affected households for building
improvements, timber trees and fruit trees under the provisions of Land Acquisition Act of Laws of Malawi,
and not on principles set forth in Resettlement Policy Framework of Skills Development Project. As a result,
an audit was conducted by the World Bank Mission in December 2015, and the preparation of Abbreviated
Resettlement Action Plan came out as a recommendation. The preparation and implementation of this
Abbreviated Resettlement Action Plan will be the basis of adherence to principles of compensation and
resettlement as outlined in the Resettlement Policy Framework of the project.
3.0 The acquisition of 3.3 hectares by Mzuzu University for the proposed centre, and subsequent displacement
of 5 local households from the project area has triggered Involuntary Resettlement Policies of World Bank
Group. The project affected households were abruptly stopped from farming on the site. Consequently, five
households lost customary land (4.668 hectares), building properties, maize gardens, fruit and timber trees
on the site.
The aim of Involuntary Resettlement Policies (OP 4.12) is to safeguard local people from adverse social
effects from World Bank funded projects. This policy demands that in design and implementation of World
Bank funded project, member countries (such as Malawi) must avoid or minimize forced displacement of
local people through alternative project designs. However, where involuntary resettlement is unavoidable,
the policy stipulates that adequate compensation, resettlement assistance and rehabilitation assistance
measures must be provided to displaced persons whether they settled on the site legally or
illegally or whether the displaced people are doing business on the site illegally or illegally.
v
4.0 The Abbreviated Resettlement Action Plan (ARAP) has been prepared to address negative social and
economic impacts on the 5 project affected households (38 persons). The plan has been prepared in line
with Section 22 of Involuntary Resettlement Policies (OP 4:12) and section 5.2.0 of Resettlement Policy
Framework of The Skills Development Project. This safeguard plan is applicable where a bank funded
project triggers the displacement of smaller number of households (less than 50 households).
The preparation of plan followed multifaceted approaches in order to enhance participation of all
stakeholders. One strategy involved various meetings/discussions with key stakeholders to the project and
compensation exercise. This step involved review of existing records, collection of data and information from
the client, project affected people and government agencies. The second strategy involved field surveys and
observations on and around the project area. And the third strategy involved interviews and focus group
discussions with project affected households.
5.0 Project affected people are rural local people. The ages of household heads range from 18 years (youngest)
to 79 years (oldest). Project affected people live in semi-permanent and permanent houses. Pit latrines and
bathrooms (outside the houses) are used for sanitation services. Refuse pits within residential premises are
used for disposal for solid wastes. Results of census and socio-economic surveys of project affected
persons are presented in annexes 3-4
6.0 Census and field surveys identified five categories of assets for project affected households on the site
These are: seven pieces of customary land ( about 4.668 hectares), maize gardens, eight building
properties ( two houses, four uncompleted chalets for a lodge; two pit latrines, a kitchen, a borehole and two
water tanks).Other assets identified are: timber and fruit trees. Project affected people were already
compensated by Malawi Government for all building properties (houses, chalets, pit latrines, water tanks)
and trees. Records of payment are attached in annex 7.
7.0 In line with principles in Resettlement Policy Framework of the project and Involuntary Resettlement Policies
(OP4:12), the 5 project affected households are entitled to six forms of compensations from Malawi
Government in view of displacement. These are:
a) Compensations for loss of eight buildings (chalets, houses, pit latrines) on the site. The project
affected households are entitled to compensations at replacement values.
b) Compensations for loss of timber trees and fruit trees on the land
c) Compensations for loss of customary land by 5 project affected households.
d) Compensations for loss of maize yields from maize gardens on the site. The 4 affected
households are entitled to projected maize yields because they lost access to land and use of the
land for maize production (farming business).
e) Compensations for loss of labour input into the gardens. The 5 project affected households used
family labour and hired labour (occasionally) to produce maize from the gardens. The labour input
lost is that used in the preparation/clearance of land on the site.
f) Compensations for transport allowance on top of construction costs for building properties .The
transport allowance would cater transport costs for movement of construction materials from the
City of Mzuzu to new sites of re-construction of houses.
Compensations for items 6.0 (a) and 6.0 (b) were already paid at open market values to projected
affected people in September 2015. Details of payment are attached in annex 7.
vi
7.0. Key recommendations on outstanding compensations to project affected households.
a) Compensate the 5 project affected people for losses of customary land. Compensations to be
based on replacement values as recommended in column 6 and 7 of annex 2
b) Compensate the 4 project affected households for loss of maize yields from the gardens.
Compensations to be based on estimated maize yields as outlined in column 5 and 6 of Annex 8
c) The payment of transport allowance to project affected people to cater transport costs for
movement of construction materials from the City of Mzuzu to new sites of re-construction of
houses. Basis of payment is outlined in column 8 of annex 6
d) Consider employment opportunities at the construction site for some qualified members of project
affected households.
1
1.0.0 BACKGROUND ON THE PROJECT AREA AND THE PROJECT
1.1.0 The Project Area.
The project area related to this Abbreviated Resettlement Action Plan is a site for the proposed Tourism and
Hospitality Skills Development Centre at Dunduzu within the peri-urban area of City of Mzuzu, Northern
Malawi. The site is along Mzuzu – Ekwendeni Road (M1), about 3 kilometres from main Mzuzu
University campus. The proposed centre will the first purpose built management institute of tourism
and hospitality services in Malawi. The centre will offer higher education and training for much need
human resources in tourism and hospitality sector in Malawi and SADC countries.
1.2.0 Brief description of the project
The proposed project is Tourism and Hospitality Skills Development Centre under Mzuzu University. Main
development activities will include construction of a multi-storey centre building (about 5,000 square metres
in floor space) and ancillary infrastructure. Other components will be construction of bitumen service roads,
access road and car park. Upon completion, the Tourism and Hospitality Skills Development Centre will
consist of various hospitality services related facilities for student training purposes. The facilities will
include: 15 guest rooms, restaurant, kitchen, 100 seater conference room, two seminar rooms, modern
laundry room, staff offices
The estimated project cost is MK1.5 billion. The project will be funded under Skills Development Project,
financed by a loan from International Development Association (IDA) of the World Bank Group. Skills
Development Project covers projects in tertiary and skills development institutions in Malawi. Skills
Development Project intends to improve capacity of institutions to produce high quality professionals with
relevant knowledge and skills that meet the demands of country’s tourism labour market and economy in
line with the Malawi Growth and Development Strategy.
1.3.0 Background to the preparation of Abbreviated Resettlement Action Plan for the project.
Malawi Government acquired 3.3 hectares of customary land at Dunduzu area (peri - urban of City of
Mzuzu) sometime in 2014 for the development of Tourism and Hospitality Skills Development Centre by
Mzuzu University. Five household owned land within this 3.3 hectares under customary land tenure basis.
Two of the five households lived on the site – with houses, timber trees, fruit trees and gardens. Two other
households live outside the site but had timber trees, fruit trees and gardens for food crops. One affected
household had uncompleted structures for a lodge development (along the main road). The inventory of
assets is provided in annex 4 of this report.
In September 2015, Malawi Government went ahead to compensate the 5 affected households for building
improvements, timber trees and fruit trees under the provisions of Land Acquisition Act of Laws of Malawi,
and not on principles set forth in Resettlement Policy Framework of Skills Development Project. As a result,
an audit was conducted by the World Bank Mission in December 2015, and the preparation of Abbreviated
Resettlement Action Plan came out as a recommendation. The preparation and implementation of this
Abbreviated Resettlement Action Plan will be the basis of adherence to principles of compensation and
resettlement as outlined in the Resettlement Policy Framework of the project.
2
1.3.0 Rationale for Abbreviated Resettlement Action Plan for the project
The acquisition of 3.3 hectares by Mzuzu University, and subsequent displacement of 5 project affected
households (38 persons) from the project area has triggered Involuntary Resettlement Policies of World
Bank Safeguards Policies. The aim of Involuntary Resettlement Policies is to safeguard local people from
adverse social effects from World Bank funded project. This policy demands that in design and
implementation of World Bank funded project, member countries (such as Malawi) must avoid or minimize
forced displacement of local people through alternative project designs. However, where involuntary
resettlement is unavoidable, policy encourages community participation in planning and implementing
resettlement. In addition, the policy stipulates that adequate compensation, resettlement assistance and
rehabilitation assistance measures must be provided to displaced persons whether they settled on
the site legally or illegally or whether the displaced people are doing business on the site illegally
or illegally.
In order to address to social negative impacts to the 5 project affected households (38 persons), an
Abbreviated Resettlement Action Plan (ARAP) has to be prepared in line with Section 22 of
Involuntary Resettlement Policies (OP 4:12). This safeguard plan is applicable where a bank funded
project triggers the displacement of smaller number of households (less than 50 households). A
detailed Resettlement and Compensation Plan is prepared in a situation where a bank funded pr oject
triggers the displacement of over 50 project affected households in the site.
1.4.0 Aim and objectives of Abbreviated Resettlement Action Plan
The aim of the Abbreviated Resettlement Action Plan is to guide on compensation and re settlement
assistance for the 5 project affected households (38 persons) on the project area. Specific objectives
are:
To carry out census of all project affected people on the project area.
Identify affected assets for compensation to project affected people.
To recommend compensation entitlements and resettlement assistance to project affected
households.
To identify institutions responsible for implementation of Abbreviated Resettlement Action
Plan.
To recommend grievance redress mechanisms for possible disputes.
To prepare a monitoring plan on compensation and resettlement assistance.
To prepare a timetable and budget for compensation related activities.
1.5.0 Methodology on preparation of Abbreviated Resettlement Action Plan.
The preparation of Abbreviated Resettlement Action Plan has followed multifaceted approaches in
order to enhance participation of all stakeholders. One strategy involved various meetings/discussions
with key stakeholders to the project and compensation exercise. This step involved review of existing
records, collection of data and information from the client, project affected people and government
agencies. The second strategy involved field surveys and observations on and around the project
area. And the third strategy involved interviews and focus group discussions with project affected
households. The following steps highlights activities undertaken and data/information collected during
the exercise:
Step 1: Discussions with National Council on Higher Education (NCHE) and Mzuzu University on
procedures of land acquisition on the site, the procedures of notice to project affected people, list of
3
projected affected households on the site. Data collected included details of size of land acquired, list
and contact details of projected affected household heads
Step 2: Discussions with Department of Land and Valuation on policies and laws applicable to urban
land administration, land tenure on the site; definition of compensation entitlements to project affected
households on urban land. Data collected included maps of the site and official land use of the site.
Step 3: Interviews and discussions with heads of projected affected households . These meetings and
discussions took place at project area and at their residential premises. Two meetings took place early
May, 2016. The objectives of meetings were to give chance to project affected people to show
gardens, to highlight their expectations and concerns. Some of information obtained was: number
gardens for each of the project affected household, name of crops grown on the site, period of
cultivation on the site and type of labour input used in the cultivation.
Step 4: Demarcation of gardens sizes for project affected households on the site . Land Surveyor
carried out the demarcation of all gardens for project affected households on the site.
Project affected household heads actively participated in the delineation of boundaries of all gardens.
Advanced Geographical Position System was used to survey the gardens.The equipment used was
KolidaK9-TGPS receivers in Real Time Kinematic Mode. The survey of boundaries of gardens was
based on information from individual owner of gardens.
Step 5: Census and socio-economic surveys of project affected households
This exercise involved the following activities:
a) Collection of detailed personal data/information for project affected households and pieces of land
on the site. The data/information was collected through interviews and circulation of questionnaire
to all project affected people. Results of census and pieces of land on the site are presented in
annex 1 and 2 of this report.
b) Collection of housing characteristics of project affected households. This exercise covered
characteristics of dwelling units, water and sanitation facilities among others. Annex 3 summarise
data on housing conditions of the project affected people.
c) Collection of data/information on socio-economic characteristics of project affected households.
This exercise covered size of households, age of household head, main occupation, education
characteristics of household head, marital status of household head, sources of income of
household head among others. Data and information was collected through interviews and
questionnaire methods. Annex 3 and 5 summarise the results of socio-economic surveys.
Step 6: Debriefing of project affected household heads on the preliminary findings of the study . This
exercise involved presentation of main findings to project affected people. Project affected people
were given opportunity to make comments/concerns and suggestions on some of points presented.
Step 7: Calculations of replacement values for building properties on the site. These are based on
market values for materials for re-construction of structure. Results are outlined in annex 5
Step 8: Calculations of compensation packages for maize yields from gardens of affected households.
Compensation package is based on crop produce from the gardens. Calculations have used the sizes
of gardens and estimated high maize yield per hectare. The recommended compensation packages
are outlined in column 4-6 in annex 8 .
4
Step 9: Compilation of draft report and Abbreviated Resettlement Action Plan . This step focused on
synthesizing and processing data, views and information captured in steps 1 to 8.
1.6.0 Limitations and gaps in the report
The information presented in this report is by and large consistent with the data and information gathered
through the various sources and approaches outlined above. However, just as in any field based studies,
the exercise experienced a number of constraints and as a result, there could be some gaps of information
in the report as the consultants could not exhaust the collection of all primary data.
The sizes of maize gardens are more of estimates as they have been based on rudimentary boundaries
shown by household heads. The boundaries could not be seen properly as the area has not been cultivated
this crop season. There are also gaps in data for household income for some project affected households.
This is because some of the households were not willing to reveal sources of income and the estimated
monthly and annual income. In addition, there is gap for information for two project affected household. In
this regard, while the findings and issues advanced in this report reflect the general views and feelings of
some selected people, they may not cover the specific issues from some unique situations.
2.0.0 DESCRIPTION OF PROJECT AFFECTED PEOPLE AND INVENTORY OF ASSETS ON THE SITE.
2.1.0 Cut off date for census of project affected households.
A cut off date for census of project affected households was agreed with the project affected people as May
14, 2016. It was agreed with the affected people that the target of the census is those households had
claims of assets or use of land before and by May 14, 2016. The defined area of target was land acquired
by Mzuzu University. No new claims from other people or households would be entertained after this date.
The list of the households was provided by one of representative of the project affected households. A roll
call was made at site, and the list also was verified by all household heads except one.
2.3.0 Identification of project affected households.
Project affected people on the project site are local people. Two households live outside the project area,
and three households live at the site. A census of the household heads was conducted at their residential
premises. The census covered the following information:
a) Physical head count of the household head. b) Full names of household head c) Details of contact address and phone details d) Gender of household head e) Size of household, gender of children f) Age of household head)
Annex 1 and 2 summarise the results of census of 5 project affected people in the area. All project affected households (5 households) are male headed households (100% of total). In terms of age, the ages of household heads ranges from 18 years (the youngest) to 79 years (the oldest).
2.4.0 Description of socio-economic characteristics of project affected households.
The aim of socio-economic surveys was to understand the social structure and set up of the affected
people, and also understand the economic activities of the households. Information collected covered the
following:
a) Size of households.
5
b) Marital status of of household heads
c) Source of income for household.
d) Level of education of household head
e) Conditions of dwelling houses of the households
f) Access to municipal services; potable water, sanitary services and electricity within the residential
premises.
Annex 3 and 5 summarise the socio-economic characteristics of the 5 project affected households. Analysis
of the results indicates that the project affected households have big households sizes. The sizes of
households range from 4 persons (smallest family) to 11 persons (largest family). In terms of marital status,
there are four households (80%) headed by married household heads.
Analysis of current occupation indicates that three household heads (60%) are employed and
one household head is business person and one household head is a farmer.
Sources of income to project affected households include employment, farming and businesses. Four
households are generate some income from family businesses in one way or the other.
l project affected households live in semi-permanent and permanent urban houses in the area. The houses
are constructed of burnt bricks, cement, iron sheets, plastered walls and floor. Households use shallow
wells and rivers as sources of water.
Results on sanitation surveys indicate that all 5 project affected households (38 persons) use pit latrines and
bathrooms outside the houses for sanitary services..
2.5.0 Inventories of assets on the site.
Census and field surveys of the project area has recorded six categories of assets for the 5 project affected
households. The assets are as follows:
a) There are seven pieces of customary land for 5 project affected households. The sizes range from 1780
square metres to 16000 square metres in sizes.
b) There are four maize gardens on the site for 4 project affected households.
c) There are eight building properties on the site. These include two houses, four uncompleted chalets
intended for a lodge), a kitchen, pit latrines and two water tanks.
d) There were various timber trees such as pine trees and blue gum trees.
e) There are various fruit trees for the 4 project affected households.
Annex 4 provide inventory of various assets of project affected households.
Project affected households have been compensated for properties indicated in 2.5.0 (c ) to ( e) by
Malawi Government on open market values. Details of compensation figures are attached in annex 6
and 7 of this report.
Assets listed in (a) and (b) – customary land and crop yields from maize gardens have not been
compensated as at the time of this report. Farming activities on the site were typical of smallholder
farming in rural area. All project affected households grew hybrid maize, beans and soya beans on the
gardens. Crops were grown under rain fed conditions and the yields were for household consumption.
Other features of the agricultural activities were as follows:
a) Project affected households used family labour and occasionally used hired labour for crop production
activities (land preparation, planting, weeding, fertiliser application and harvesting).
6
b) Project affected households used both basal and top dressing fertilisers in the maize crops to enhance
yields from their fields.
Column 1 and 2 of annex 8 outline the details of owners of maize gardens and sizes of gardens on the
project site.
Field consultations have established that the project affected people were abruptly stopped from farming on
the site in September 2015. In this regard, all 5 project affected people have not been able to grow food
crops such as maize, soya beans and beans for household consumption. This action plan has
recommended that the 4 project affected people be compensated for loss of maize yields from their
gardens. The compensation has to cover for two years because they project affected people may not be
able to grow crops in the 2016/2017 year. The recommended amount of compensation for maize yields are
outlined in columns 4-6 of annex 8 of this report.
7
An overview of identified assets for project affected households on the site
Photograph 1 showing one of the
houses affected by the proposed
project on the site. The house
seen in front of the vehicle is
constructed of burnt bricks,
cement mortar, cement plaster
and cement floor. It has
corrugated iron sheets sitting on
trusses as a roof. The house
belongs to Damazio Mtegha
Photograph 2 showing one of
uncompleted chalet for the lodge.
The structure has cement floor,
walls constructed from burnt
bricks and cement mortar and
concrete beam. The structure
belongs to Alubwira
Mwenesongole.
Photograph 3 showing one of
uncompleted chalet of the lodge.
The structure is built of burnt
bricks, cement mortar, cement
plaster, cement floor and
corrugated iron sheets. The
structure belongs to Alubwira
Mwenesongole, one of the project
affected person.
8
An overview of identified assets for project affected households on the site
Photograph 4 showing some pie
trees on the project site. The pine
trees were within the plot.. The
owner of bamboos is Tinaford
Mtegha. He has been
compensated for the trees. The
affected person also collected the
trees and has since sold timber
from trees..
Photograph 5 showing some
gardens for maize gardens and
fruits on the site. Note the fruit
trees – guavas and bananas on
the background of the photograph.
The vacant land is part of maize
gardens which have not been
grown in the 2015/2016 crop
season.
Project affected people must be
compensated for loss of maize
yields from the gardens.
Photograph 6 showing a house of
one the project affected person –
Tinaford Mtegha. The house is
built of burnt bricks, cement
plaster, cement floor and cement
tiles. The household uses two pit
latrines and one bathroom outside
the house for sanitary services.
This house is outside the project
area, and will not be demolished.
9
3.0.0 BRIEF DESCRIPTION OF POLICIES OF WORLD BANK AND GOVERNMENT OF MALAWI AND
IMPLICATIONS ON COMPENSATIONS.
3.0.0 Review of policies on land and property compensation in Malawi.
Policy and legal framework on compensations and resettlement in Malawi are drawn from various government policies and pieces of legislation. In addition to a review of the Constitution of Republic of Malawi, other key government policies and pieces of legislation considered here include: Malawi National Policy, Land Act, Land Acquisition Act, and the Forestry Act. The following paragraphs highlight some compensation and resettlement related requirements in relation to acquisition of customary land for the Tourism and Hospitality Skills Development Centre.
3.0.1 The Constitution of Republic of Malawi.
The Constitution of the Republic of Malawi guarantees land as a basic resource for social and economic
asset for all Malawians. It affirms equitable access of land and ownership of property. The constitution also
sets a benchmark on the issue of land acquisition. It provides in section 28(2) that “No person shall be
arbitrarily deprived of property” and in section 44(4) that “Expropriation of property shall be permissible only
when done for public utility and only when there has been adequate notification and appropriate
compensation provided that there shall always be a right to appeal a court of law”. In regard to these facts, it
will be necessary for the community to provide adequate land to for displaced persons. The Constitution of
Republic of Malawi further guarantees security of tenure of land and free enjoyment of legally acquired
property rights in any part of the country. The implication of this provision is that government will have to pay
out fair and adequate compensation to land owners in acquisition of the land for the Tourism and Hospitality
Skills Development Centre.
3.1.2 The Malawi National Land Policy.
The Malawi National Land Policy focuses on land as a basic resource common to all people of Malawi and
for enhancement of socio – economic development. Section 4.11 affirms equitable access to land to all
citizens of Malawi. The policy recognizes human settlement and agriculture as the major benefactor land
use sector. As such, the policy advocates for orderly resettlements of villages or households especially in
rich agricultural zones. Furthermore, the policy guarantees full legal protection to customary land tenure to
the people of Malawi in order to enable the ordinary Malawians adequately participate in subsistence
farming and socio-economic development activities. The Malawi National Land Policy also advocates for fair
compensation on open market value to local people on all classes of land (whether held under customary
land tenure or leasehold) in case such land is acquired for public interest or for development of public
infrastructure. In reference to relocation of displaced people, the policy advocates adequate consultations
with the affected people so that their interests are taken care of.
3.1.3 Land Act
Land Act covers land tenure and land use quite comprehensively. Section 27 and 28 of the act guarantees landholders for appropriate compensation in event of disturbance of or loss or damage to assets and interests on land Act also provides procedures of acquisition of one class of land to another. The process begins with appropriate notice to people on the site.
3.1.4 Land Acquisition Act.
This law covers procedures relating to the acquisition of land by either the government or individuals or developers from any form of the land tenure systems in Malawi. The act makes provision for preliminary investigation, preliminary survey of the area and the procedure to be followed where land should be acquired. The procedure for land acquisition starts with issue of a formal notice to persons who have existing interests in the land. Such notices are issued under section 6 of this act. Sections 9 and 10 of the
10
act covers the steps for assessment of land, crops, fruits and other landed properties and subsequent procedures for payments of the compensations to the displaced people. Section 11 to 14 outlines the necessary steps for land surveying and land transfer following notices in government gazette. The responsibility of identifying alternative land for those affected people rests with their village headman, their traditional authority and District Commissioner of the district. The District Commissioner assists in transportation and provisions of necessary services on new sites of resettlement.
Implications for the law on the project include land acquisition for the Tourism and Hospitality Skills Development Centre and potential risks of movement of people from some sites. Government has to ensure adherence to sections 6-14 of Land Acquisition Act.
3.1.5 Forest Act.
The Forestry Act number 11 of 1997 affirms the role of Department of Forestry on control, protection and management of forest reserves and protected forest areas. In addition the act recognizes the need to promote participatory social forestry and empowerment of communities for conservation and management of trees within the country. In this regard the act encourages community involvement in woodlots and management of forest reserves through co-management approaches. Section 86 of Forestry Act has provided guidelines on values/rates for sale of both indigenous trees and exotic trees. These rates are gazetted, and are reviewed from time to time by senior government officials. The values are used so that those who are involved in forestry are paid reasonable compensations on their timber trees and fruit trees .In case the department has not reviewed the rates at the material time, the department of Forestry normally assigns an officer to value the trees for purpose of immediate sale or compensations. Normally, the valuation of people’s trees are done based on species of trees, measured diameter of breast height and market price in kwacha per cubic metre. Current rates for compensations of various trees are contained in Malawi Gazette Supplement No 13A of 3 December 2010. Government Notice number 23.
3.2.0 Involuntary Resettlement Policies of the World Bank
The preparation of Abbreviated Resettlement Action Plan for the 5 displaced project affected households on
the urban land has been prepared in line with section 5.2.0 of Resettlement Policy Framework of Skills
Development Project and in line with section 22 of Involuntary Resettlement Policies ( OP 4:12).
The overall objective of World Bank Involuntary Resettlement Policies (OP 4.12 is to avoid or minimize
involuntary resettlement of people where feasible, exploring all viable alternative project designs. Further,
the policy encourages community participation in planning and implementing resettlement. However, in
incidences where resettlement is un avoidable, the policy stipulates criteria for eligibility to compensation,
resettlement assistance and rehabilitation assistance measures to displaced persons on the following
conditions:
a. Those who have formal legal rights to land, including customary and traditional rights recognized under the laws of Malawi. This class of people includes those holding leasehold land, freehold land and customary land held within the family or passed through generations.
b. Those who have no formal legal rights to land at the time the census but have a claim to such land or assets provided that such claims are recognized under the laws of Malawi. This class of people includes foreigners and those that come from outside and given land by the local chief to settle.
c. Those who have no legal right or claim to the land they are occupying to the land they are occupying. This class of people includes squatters, pirates and those that settle at a place on temporary basis, or those settling at a place without any formal grant or authority.
In a World Bank funded project, displaced persons classified under paragraph 3.1(a) are provided
compensation of land, loss of business from land, resettlement assistance and rehabilitation assistance for the
land, building or fixed assets on the land and buildings taken by government if affected people were on
project area prior to the cut-off date (date of commencement of the census).
11
3.3.0 Comparison and gaps between policies of World Bank and Malawi on resettlement.
Policies of the World Bank on resettlement and of Government of Republic of Malawi have a number of
common aspects in management of involuntary relocation of people. The first similarity is that both policies
emphasise on minimisation of the extent of resettlement .Secondly, the policies recommends considerations
of fair and adequate compensations to project affected persons. However, there some gaps which exists
between the policies of World Bank (Involuntary Resettlement Policies) and those of Government of
Republic of Malawi. A detailed comparative analysis is provided in table 3. Some selected examples are as
follows:
(a) On aspect of compensations on assets to project affected people, the policies of World Bank on resettlement include illegally built structures of squatters and pirates as eligible for compensations on their assets. In case of Malawi, such claimants are not entitled to compensations.
(b) On aspects on compensations on land, the policies of Government of Malawi considers the different intrinsic values associated with various classes of land .In such cases, rates for compensation on land vary from one site to another and from one class of land tenure to the other. World Bank policies do not distinguish such differential aspects of land classes and corresponding different market rates.
(c) In cases on compensation of loss of land, the World Bank policies prefer land for land compensation. In Malawi an option of land for land compensation is normally preferred in customary land transaction while option of land for money compensation is the preferred options in urban areas.
(d) World Bank policies clearly stipulate resettlement as an upfront project – in that all issues of land acquisition and relocation of project affected people has to be done prior to commencement of the civil works. Malawi’s policies do not clearly spell out this approach and in practice; resettlement is treated as a separate exercise outside project planning and implementation process.
(e) World Bank Policies clearly recommends for adequate resettlement assistance and rehabilitation assistance to relocated people as a way of restoring and enhancing socio – economic living standards. This is supposed to be undertaken within the first years of relocation on the new sites. Malawi legislation does not clearly define the extent of resettlement assistance to relocated people. Much of available support is normally left in hands of District Commissioner and local chiefs within the district and area of relocation of the project affected people.
3.4.0 World Bank Safeguards and Implications on member countries.
As international instruments, World Bank Involuntary Resettlement Policies advocate for best practices in
incidences of displacement of project affected people/households. Involuntary Resettlement Policies
demands payment of fair compensation and resettlement assistance which can safeguard adverse effects
and enhance better living conditions compared to the situation before displacement. Specifically, Involuntary
Resettlement Policies highlights that project affected people must not live in conditions worst off than
conditions before disturbance.
It should be highlighted here that in situation of contradiction of policies of World Bank Group and a member
country ( in this case Malawi) on compensation entitlements to project affected people, the policies of The
World Bank Group overrides the policies/laws of a member country ( in this case Malawi). In this context,
the implication is that the 5 project affected households (38 persons) on the customary land must be
provided with appropriate compensation and resettlement assistance in line with Involuntary Resettlement
Policies (OP 4:12). The acquisition of 3.3 hectares has led to loss of building properties and loss of land for
food production (the staple food) for the 5 affected households (38 persons). This entails significant loss on
means of livelihoods on part of the households.
12
Table 1 : Outline of selected differences on management of resettlement between Involuntary Resettlement Policies and Laws of Malawi
Project affected person Provisions from relevant laws of Government of Malawi World Bank Provisions on the aspects Appropriate measures for addressing the
gaps (all prior to displacement)
Name of Legislation Provision within piece of legislation in Malawi
Land Owner/Occupier Land Acquisition Act
(Chapter 57:04)
The law stipulates that compensation of assets/buildings based on assessment done by government and agreed by parties.
The law stipulates that no compensation given on customary land is acquired.
The law stipulates that compensation not to exceed market value.
The policy stipulates that persons are entitled to compensation for structures and crops regardless of the legal status of their structures or occupation of the land
The policy stipulates that owners of buildings built illegally are entitled to compensation at full replacement costs (including labour costs, cost of please let transportation of materials, taxes fees etc) prior to displacement
Compensation of all structures at full replacement costs
Compensations on arable crops and trees on real replacement values..
Land Owner/Occupier Public Roads Act
(chapter 69:02)
The law stipulates that land owners are entitled to reasonable compensation on improvements
The law stipulates that land owners can be compensated for land to land if alternative land is available.
The policy stipulates that the recommended option is compensation of land for loss land. Other losses to be compensated at replacement costs.
The policy stipulates that temporary structures or buildings are entitled for in land compensation or cash compensation at full replacement costs (including labour and relocation expenses etc) resettlement assistance
Compensation of land for land to project affected persons be the first priority.
Compensation of money for land to project affected persons in cases of lack of alternative suitable land.
Compensations on crops and trees on market values.
Resettlement assistance to project affected persons.
Land Owner/Occupier Land Acquisition Act
(Chapter 57:04)
The law stipulates that compensation of assets based on assessment done by government and agreed by parties.
The law stipulates that no compensation given on customary land is acquired.
The policy stipulates that owners of buildings built illegally are entitled to in land compensation at full replacement costs including labour costs prior to displacement.
The policy stipulate that land owners are entitled to compensation for crops
Compensation of all structures at full replacement costs
Land Owner/Owner Customary Land Act The law favours land for land compensations.
The law does not allow monetary compensation for customary land
The policy favours land for land compensations in cases of loss of land
The policy stipulate that all displaced people are entitled to compensation for crops and other assets
Compensation of land for land to project affected persons.
Compensation of structures at full replacement costs
13
3.5.0 Assessment of compensation gaps between entitlement under Resettlement Policy Framework and Compensation paid by Malawi Government.
Review of compensation packages paid to project affected household indicates that compensations covered improvement/ building properties, timber trees and fruit trees on the site. Compensations for buildings were paid at open market values.
Review of the compensation packages have established some additional compensation entitlements as stipulated in Resettlement Policy Framework have not been paid yet. The forms of compensations not paid are as follows:
a) Compensations for loss of 4.668 hectares of customary land by the 5 project affected households.
b) Compensation for loss of maize output from the gardens on the site.
c) Compensation for disturbance allowance. The affected people abruptly told to move out of the site.
d) Compensations for transport allowance to cover costs for movement of materials.
3.6.0 Principles of fair compensations to project affected households.
The approach in addressing the discrepancies between policies of the two institutions is focus
implementation of policy aspects which positively favour the project affected persons, and leave out those
which negatively impact on the project affected persons. This recommendation is on the observation of that
the common position between Involuntary Resettlement Policies (OP4:12) and the Constitution of Republic
of Malawi on resettlement is the guarantee of fair and adequate compensation and adequate resettlement
assistance for the project affected person. In this regard, suitable options to be adopted are as follows:
(a) Compensations in form of land for land loss to acquisition from those who have been displaced be made as a top priority .The option could come out as cost effective as the land acquisition process (which involves the project affected persons) may be much cheaper compared to acquisition of the same land by the government.
(b) Compensations related to customary land acquisition to be made on real replacement values as opposed to previous practice of considering customary land as a free commodity. Whenever there is a conflict between the Bank and Government of Malawi policies on land tenure that of the bank will prevail.
(c) Compensation of buildings properties at replacement values. Compensation money to include costs of materials, cost for labour of construction and costs for transport of materials
(d) Disturbance allowance to be paid to affected households. Disturbance allowance to cover costs for transportation of household effects from the site to new sites.
(e) Compensations should be paid in relations to labour inputs into gardens crops within the immediate past year.
4.0.0 DESCRIPTION OF COMPENSATION ENTITLEMENTS AND RESETTLEMENT ASSISTANCE TO
PROJECT AFFECTED PEOPLE.
4.1.0 Description of compensation entitlement to project affected households.
The 5 project affected households had formal legal rights to the customary land on the site. Land was the
foundation of their livelihoods. In line with principles of Resettlement Policy Framework (as outlined in
entitlement matrix in annex 12), the 5 affected households are entitled to compensation for equivalent land,
compensation of building properties, loss of crop output from land, resettlement assistance, disturbance
allowance and rehabilitation assistance. In line with entitlement matrix (annex 12), the 5 project affected
households are entitled to six forms of compensations, and these are:
14
g) Loss of customary land by 5 project affected households. The estimated size of lost land is 4.668
hectares.
h) Loss of eight buildings (chalets, houses, pit latrines) on the site. The project affected households
are entitled to compensations at replacement values.
i) Loss of timber trees and fruit trees on the land
j) The loss of maize yields from maize gardens on the site. The 4 affected households are entitled to
projected maize output because they were stopped farming on their gardens.
k) Loss of labour input into the gardens. The 5 project affected households used family labour and
hired labour (occasionally) to produce maize from the gardens.
l) Disturbance allowance to project affected households. Information obtained during consultations
indicates that the 5 project affected households were not formally issued with written notice of
vacation of the site. The affected households are entitled to disturbance allowance because they
were abruptly stopped from farming activities. The affected households were not served with
formal notice of vacation as required under Involuntary Resettlement Policies of the World Bank
and Land Acquisition Act. Compensation of disturbance allowance to each of the project affected
households has to be calculated as 25% of projected annual business (farming) from the
garden/premises.
4.2.0 Description of Resettlement Assistance to project affected households
This assistance is intended to positively support project affected households in order to cope up with abrupt
negative changes/losses in their maize production on the gardens on the project area. Resettlement
assistance should be able to enhance better living standards (food security status) for the 5 project affected
households. Appropriate resettlement assistance to the 5 project affected households are the following:
a) Disturbance allowance to cater for transport costs for movement of construction materials from City of
Mzuzu to the new sites of house construction.
b) Assistance in identification of alternative land for crop cultivation.
c) Provision of hybrid seeds to support the affected households in the next crop season. Early maturing
hybrid seeds of 5 kilogram’s are recommended for each of the 5 project affected households.
d) Provision of transport to project affected households to move household effects and some contraction
materials from the site to new site.
e) Provision of transport allowance for transportation of new building materials in the City of Mzuzu.
f) Offer of job opportunities at the construction site for the centre to some qualified members of project
affected households.
5.0.0 GRIEVANCE REDRESS MECHANISM
The preparation and implementation of Abbreviated Resettlement Action Plan has risks of complaints from
project affected people in one way or the other. Potential areas of complaints could be the procedures of
compensations, the rates of calculation of compensation packages and the amount of compensation
packages offered to the affected people. A Grievance Redress Committee has been established by Mzuzu
University. The committee will handle all potential complaints/disputes from the project affected people in
the process of implementation of the abbreviated resettlement action plan. The committee is composed of
District Commissioner, District Agriculture Development Officer, Mzuzu City Council, Regional
Commissioner for Lands and Valuation, a representative of project affected households and Mzuzu
University. The District Commissioners for Mzimba is the Chairperson
15
5.1.0 Simple procedures for Grievance Redress Mechanism.
In order to make the grievance redress mechanism friendly to project affected people, the following simple
rules must be used in the procedures:
a) Venue of meetings to be closer to the project site or site convenient to the project affected people.
b) The committee has to disclose all data and information from the Abbreviated Resettlement Action Plan
to project affected households.
c) The committee and project affected households must agree a reasonable time to go through the
Abbreviated Resettlement Action Plan .Project affected households to provide feedback ( acceptance or
rejection) within specified time.
d) Project Affected households heads can submit a complaint or dispute orally or through phone or through
a simple letter. The submission can be in Chitumbuka or English languages.
e) All complaints to be submitted to the Office of District Commissioner, Mzimba
f) District Commissioner to provide feedback to all complaints/disputes within 5 days from date of
Grievance Redress Committee
g) Project Affected Households to be informed that in case of unsatisfactory response/resolution for
Grievance Redress Committee, they can seek redress from Judiciary.
h) Project Affected Households to be informed that in case of unsatisfactory response from Grievance
Redress Committee, they can seek redress from World Bank Redress Service. The Office of
submission of the complaint is Country manager, World Bank Malawi Office, Mulanje House, off
Presidential Highway, City centre, Lilongwe 3.Phone 01 770 611.
i) Payment of compensation packages to project affected household must be done after approval of
Abbreviated Resettlement Action Plan by Malawi Government (Office of President and Cabinet) and
World Bank Group.
6.0.0 IMPLEMENTATION OF ABBREVIATED RESETTLEMENT ACTION PLAN
Implementation of Abbreviated Resettlement Action Plan will be spearheaded by Mzuzu University.
Implementation of the action plan will commence by approval by both the Malawi Government and the
World Bank. This is necessary so that both parties (Malawi Government and The World Bank) agree on the
proposed compensation packages, and that the principles of best practices have been adhered to as
stipulated in Involuntary Resettlement Policies.
6.1.0 Description of Institutions and roles on Abbreviated Resettlement Action Plan
The implementation of Abbreviated Resettlement Action Plan must involve various government agencies.
These agencies have some statutory roles in facilitating compliance to the process and others have roles in
monitoring the process. There are six institutions which will play a role in the implementation of the
Abbreviated Resettlement Action Plan. These are:
a) Mzuzu University. The roles of Mzuzu University will include: To procure compensation items/materials
for project affected people; to organize transport of maize from traders to project affected households
16
homes; to facilitate the payment disturbance allowance and resettlement assistance to project affected
people and participate in Grievance Redress Committee
b) National Council for Higher Education (NCHE). The role of NCHE will include: to facilitate the approval
of Abbreviated Resettlement Action Plan by both Malawi Government and The World Bank Group; to
facilitate operations of Grievance Redress Committee; to monitor Mzuzu University to ensure timely
payment/delivery of compensation packages to the affected people; to provide financial resources for
logistics and administrative activities for Abbreviated Resettlement Action Plan; will provide progress
report to World Bank Malawi on implementation of the approved action plan
c) Ministry of Finance. The roles of Ministry of Finance will be: to pay for procurement of maize; to
payment for disturbance allowance to project affected people; to pay for administrative costs for the
compensation packages.
d) Office of President and Cabinet (OPC). The role of OPC will be: To approve the Abbreviated
Resettlement Action Plan on behalf of Malawi Government and to monitor the effective implementation
of the plan through Central Internal Audit Directorate.
e) District Commissioner of Mzimba; The role DC Mzimba will be to coordinate the distribution of
compensation packages to project affected people; to facilitation the timely delivery of the compensation
packages to affected people ; to oversee the operations of grievance Redress mechanisms for the
project
f) Ministry of Lands, Housing and Urban Development. The role of Ministry shall be to approve the
Abbreviated Resettlement Action Plan and participate at Grievance Redress Committee.
6.2.0 Timetable for implementation of Abbreviated Resettlement Action Plan.
Table 2 overleaf outline a timetable for implementation of main activities for the Abbreviated Resettlement
Action Plan. The timetable covers a period of two months. Main activities include are:
a) Public Disclosure of the Abbreviated Resettlement Action Plan.
b) Procurement of Compensation materials/items
c) Delivery of Compensation items
d) Delivery of resettlement assistance to project affected people.
6.3.0 Budget for Implementation of Abbreviated Resettlement Action Plan
A detailed budget for implementation of Abbreviated Resettlement Action Plan is included as table 3
overleaf. Main activities covered in the budget include the following:
a) Budget for procurement of compensation materials/items.
b) Budget for compensation of land at replacement values
c) Budget for resettlement assistance.
d) Budget for transport costs for delivery of compensation materials to affected people
17
Table 2: Timetable for implementation of Abbreviated Resettlement Action Plan
Time in weeks Time in weeks
Description of main activities July 2016 August 2016
Week 1 Week 2 Week 3 Week 4 Week 1 Week 2 Week 3 Week 4 Week 5
Public Disclosure in Malawi newspapers
Public Disclosure at World Bank Info
Procurement of Compensation Materials
Purchase of Maize ( Grade 1)
Purchase of Hybrid Maize seeds
Hire of trucks for maize transport
Operations of Grievance Redress Committee
Registration of complaints from people
Meetings of grievance Redress Committee
Feedback to complaints on resolutions
Delivery of compensation and resettlement
Delivery of maize to project affected people
Resettlement Assistance to affected people
Payment of compensation for land
Payment of disturbance allowances
Delivery of hybrid seeds to affected people
Transport of maize to affected people’s homes
18
Table 3: Budget for implementation of Abbreviated Resettlement Action Plan
Description of activities/items budgeted for Unit Quantity Price (MK) Total (MK) Source of funds
Public disclosure Notices on Abbreviated Resettlement Action Plan in newspapers ( 2 newspapers for two weeks)
Notices 12 60,000.00 720,000.00 Ministry of Finance
Procurement of Compensation Materials
Purchase of Maize for affected people for 2 seasons Kg 5600 200.00 1,200,000.00 Ministry of Finance.
Purchase of Hybrid Maize seeds ( 5 Kg ) from seed traders 5 Kg 5 12,000.00 60,000.00 Ministry of Finance,
Payment of compensations and resettlement assistance
Payment of compensation for permanent loss of customary land hectare 4.668 1,500,000.00 7,002,000.00 Ministry of Finance
Payment of disturbance allowance to 5 affected households Lump sum 1,990,820.00 Ministry of Finance
Hire of transport - maize to houses of affected people Lump sum 50,000.00 Ministry of Finance
Total 11,022,820.00
19
7.0.0 MONITORING IMPLEMENTATION OF ABBREVIATED RESETTLEMENT ACTION PLAN
An independent institution, National Council on Higher Education (NCHE) will undertake performance
monitoring and evaluation system for the implementation the approved Abbreviated Resettlement Action
Plan. The purpose of performance monitoring to ensure effective and timely implementation of
compensation packages and resettlement assistance to project affected people.
Monitoring of the implementation of activities will be undertaken through organization of monthly review
meetings for all stakeholders and submission of weekly progress reports by Mzuzu University. National
Council on higher Education will submit monthly reports to Office of President and Cabinet and The World
Bank. Progress reports will highlight performance indicators in key areas of the Abbreviated Resettlement
Action.
Key project activities where National Council on higher Education will track progress will include the
following: Procurement of maize for compensation to project affected people; purchase of hybrid maize
seeds for distribution to affected people, operations of Grievance Redress Committee; delivery of
compensation items/materials to affected people and provision of resettlement assistance to project
affected people.
Table 4 overleaf outline a monitoring plan for the exercise.
20
Table 4: Monitoring plan for Abbreviated Resettlement Action Plan
Description of activities Institutions responsible for implementation
Monitoring indicators Monitoring authority Means of verification
1.0 Procurement of compensation materials/items
Purchase of maize Mzuzu University Number of 50 kg bags of maize
National Council on Higher Education
Reports Receipts
Purchase of hybrid maize seeds Mzuzu University Number of 5 kg sachets of seeds
National Council on Higher Education
Reports Receipts
Hire of transport for movement of maize to DC and affected people
Mzuzu University Number of trucks National Council on Higher Education
Reports
Operations of Grievance Redress Committee
Organization of meetings District Commissioner Number of meetings
Minutes
National Council on Higher Education
Minutes
Receipt of complaints from affected people District Commissioner Number of letters National Council on Higher Education
Reports
Resolution on complaints District Commissioner Minutes National Council on Higher Education
Minutes
Feedback on complaints to affected people District Commissioner Feedback letters to complainants
National Council on Higher Education
Reports
2.0 Delivery of compensation materials to project affected people
Payment of compensation for loss of customary land District Commissioner Mzuzu University
Amount of money National Council on Higher Education
Reports
Provision of maize to affected people District Commissioner Mzuzu University
Number of affected people who receive maize
National Council on Higher Education
Reports
Provision of hybrid seeds to affected people District Commissioner Mzuzu University
Number of affected people who receive maize
National Council on Higher Education
Report
3.0 Delivery of resettlement assistance to people
Transport of compensation items to houses of affected people
District Commissioner Mzuzu University
Number of trips of trucks National Council on Higher Education
Report
Payment of disturbance allowances to affected people District Commissioner Mzuzu University
Amount of money paid
Number of people paid
National Council on Higher Education
Report
21
8.0.0 SUMMARY OF RECOMMENDATIONS.
The following are key recommendations:
8.1.0 Payment of compensations to project affected households
a) Compensate the 5 project affected people for loss of customary land. Compensations
to be based on replacement values as recommended in column 6 and 7 of annex 2
b) Compensate the 4 project affected households for loss of maize yields from the
gardens. Compensations to be based on estimated maize yields as outlined in column
5 and 6 of Annex 8
8.2.0 Resettlement Assistance to project affected households
Involuntary Resettlement Policies (OP:12) and Resettlement Policy Framework recommend
that adequate resettlement assistance is provided to project affected households so that they
do not adversely suffer from loss of assets or do not live in worse conditions than the
conditions before displacement. In this context, this section recommends adherence to
following four measures which can enhance better living standards for the project affected
households:
a) Provide the 5 project affected households 5 kilogrammes hybrid seeds sachets. The
seeds would help the affected households to grow maize in the next growing season.
b) The payment of disturbance allowance will cater for labour input in next crop season
wherever the affected households would wish to grow crops. Basis of payment is
outlined in column 6 of annex 9
c) The payment of transport allowance to project affected people to cater transport costs
for movement of construction materials from the City of Mzuzu to new sites for re-
construction of houses. Basis of payment is outlined in column 8 of annex 6
d) Assist the 4 project affected people to purchase alternative land for cultivation after
payment of compensation.
e) Extend potable water supply (through installation of water tap) to project affected
households adjacent to project site. This can be done by Mzuzu University at the time
of construction works on the site.
22
REFERENCES
Government of Malawi (2002), Malawi National Land Policy, Ministry of Lands, Physical Planning and Surveys.Lilongwe Government of Malawi (1995), The Constitution of Republic of Malawi.Lilongwe Government of Malawi (1988), Town and Country Planning Act, Department of Town and Country Planning. Lilongwe Government of Malawi (1965), Land Act. Department of Lands and Valuation.Lilongwe Government of Malawi (1967), Land Acquisition Act. Department of Lands and Valuation Government of Malawi (1998) Local Government Act. Ministry of Local Government and Rural Development, Lilongwe World Bank Group (2011) Involuntary Resettlement Policies, Washington DC
23
Annex 1: Census of project affected households on project site.
Picture and names of the project affected head of
household
Address and contact details Gender Age Marital Status
Period of residency on the village
Tinaford Mtegha
Village : Makhuwira Msiska Village Traditional Authority: T/A Mtwalo District: Mzimba
Male 79 years Married Since birth
Damazio Mtegha
Village : Makhuwira Msiska Village Traditional Authority: T/A Mtwalo District: Mzimba
Male 41 years Married Since birth
24
Name: Isaac Mkandawire
Village : Makhuwira Msiska Village Traditional Authority: T/A Mtwalo District: Mzimba
Male 46 years Married 3 years
Name: Vitumbiko Mtegha
Village : Makhuwira Msiska Village Traditional Authority: T/A Mtwalo District: Mzimba
Male 19 years Student Since birth
( Picture not available) Name: Alinubwira Mwenesongole
Village : Makhuwira Msiska Village Traditional Authority: T/A Mtwalo District: Mzimba
Male 44 years Married 3 years
25
Annex 2: Census of pieces of land and land uses by project affected people
Column 1 Column 2 Column 3 Column 4 Column 5 Column 6 Column 7
Name of household head and physical
Location Address and Contact details
Size of land Land tenure Period of ownership of land
Main uses of land Land market value per hectare in MK
Replacement value of land loss
Name: Tinaford Mtegha Village : Makhuwira Msiska Village Traditional Authority: T/A Mtwalo District: Mzimba
2.3 Customary land Since birth Farming Tree Plantations
1,500,000.00 3,450,000.00
Name: Damazio Mtegha Village : Makhuwira Msiska Village Traditional Authority: T/A Mtwalo District: Mzimba
1.2 Customary land Since birth House construction Farming Tree Plantation
1,500,000.00 1,800,000.00
Name: Isaac Mkandawire Village : Makhuwira Msiska Village Traditional Authority: T/A Mtwalo District: Mzimba
0.49 Customary land 4 years Farming 1,500,000.00 735,000.00
Name: Vitumbiko Mtegha Village : Makhuwira Msiska Village Traditional Authority: T/A Mtwalo District: Mzimba
0.178 Customary land Since birth House construction Farming
1,500,000.00 267,000.00
Name: Alinubwira Mwenesongole Village : Makhuwira Msiska Village Traditional Authority: T/A Mtwalo District: Mzimba
0.5 Customary land 4 years Construction of
chalets for a lodge
businesses
1,500,000.00 750,000.00
Total 4.668 hectares
7,002,000.00
26
Annex 3: Socio-Economic characteristics of project affected households
Name of Household head and
Physical Location Address and
Contact details
Age Marital status Size of Household
Main source of Income
Estimated annual income
Main occupation Education
qualifications
Name: Tinaford Mtegha Village : Makhuwira Msiska Village Traditional Authority: T/A Mtwalo District: Mzimba
79 years Married 10 people Farming MK800,000.00 Smallholder farming
Standard 6
Name: Damazio Mtegha Village : Makhuwira Msiska Village Traditional Authority: T/A Mtwalo District: Mzimba
41 years Married 7 people Employment Farming
MK4,000,000.00 Employment
Smallholder
farming
School certificate
Name: Isaac Mkandawire Village : Makhuwira Msiska Village Traditional Authority: T/A Mtwalo District: Mzimba
46 years Married 11 people Employment Farming
MK2,000,000.00 Employment in
private sector
School certificate
Name: Vitumbiko Mtegha Village : Makhuwira Msiska Village Traditional Authority: T/A Mtwalo District: Mzimba
18 years Student 3 people Farming Not applicable Student Junior certificate
Name: Alinubwira Mwenesongole Village : Makhuwira Msiska Village Traditional Authority: T/A Mtwalo District: Mzimba
44 years Married 8 people Family business Farming
MK5,000,000.00 Family
businesses
Farming
School certificate
27
Annex 4: Inventory of assets of project affected households.
Name of household head and
Physical Location Address
and Contact details
Building properties Land Ownership on the site Fruit trees Timber trees
Description of the
buildings
Size of the
building
Size of land Use of land
Name: Tinaford Mtegha Village : Makhuwira Msiska
2.3 Farming Timber plantations
Various Various
Name: Damazio Mtegha Village : Makhuwira Msiska
Dwelling house
88.79 1.2 House Farming Timber plantations
Various Various
Kitchen
12.18
Pit latrine
Name: Isaac Mkandawire Village : Makhuwira Msiska Village
Has no building property
on the site
0.49 Farming Various Various
Name: Vitumbiko Mtegha Village : Makhuwira Msiska Village
Dwelling house
32.72 0.178 House construction Farming
Name: Alinubwira Mwenesongole Village : Makhuwira Msiska
4 uncompleted chalets 134.24
0.5 Construction of lodge
Various Various
2 water tanks
Pit latrine
Borehole
28
Annex 5: Characteristics of housing conditions for project affected persons
Name of household head and
Physical Location Address and
Contact details
Type of house
/building
Conditions of
walls of house (Permanent or earth
mud)
Condition of roof (grass thatched or iron sheets)
Condition of floor (Permanent or earth
floor)
Source of potable water
Means of
sanitation
Name: Tinaford Mtegha Village : Makhuwira Msiska Village Traditional Authority: T/A Mtwalo District: Mzimba
Owner Occupier Permanent burnt
bricks
Cement tiles Permanent floor Shallow well and river
Pit latrine
Name: Damazio Mtegha Village : Makhuwira Msiska Village Traditional Authority: T/A Mtwalo District: Mzimba
Owner Occupier Permanent burnt
bricks
Corrugated iron sheets
Permanent floor Shallow well and river
Pit latrine
Name: Isaac Mkandawire Village : Makhuwira Msiska Village Traditional Authority: T/A Mtwalo District: Mzimba
No house on site
Name: Vitumbiko Mtegha Village : Makhuwira Msiska Village Traditional Authority: T/A Mtwalo District: Mzimba
Owner Occupier Permanent burnt
bricks
Cement tiles Permanent floor Shallow well and river
Pit latrine
Name: Alinubwira Mwenesongole Village : Makhuwira Msiska Village Traditional Authority: T/A Mtwalo District: Mzimba
Uncompleted
structures for a
lodge ( chalets)
Permanent burnt
bricks
Corrugated iron sheets
Permanent floor Shallow well and river
Pit latrine
29
Annex 6: Description of replacement values of building properties for project affected people.
Column 1 Column 2 Column 3 Column 4 Column 5 Column 6 Column 7 Column 8
Name of household head and
Physical Location Address and
Contact details
Description of the
buildings
Size of the
building
Estimated construction rate ( per square metre)
Estimated cost of construction of building
Estimated labour input @ 20% of construction estimate
Replacement value
of buildings
Disturbance
allowance @ 5% of
construction costs
Name: Tinaford Mtegha Village : Makhuwira Msiska Village Traditional Authority: T/A Mtwalo District: Mzimba
Has no building on
the site
Name: Damazio Mtegha Village : Makhuwira Msiska Village Traditional Authority: T/A Mtwalo District: Mzimba
Dwelling house
Built with burn bricks,
cement mortar, iron
sheets, timber
trusses, plastered
walls, glazed window
panes
88.79 90,000.00 7,991,100.00 1,598,220.00 9,589,320.00 767,146.00
Kitchen
Built of burnt bricks,
bonded by mud, iron
sheets on timber
trusses
12.18 20,000.00 243,600.00 48,720.00 292,320.00 23,386.00
Pit latrine
Built of burnt bricks,
irons sheets,
concrete slab
19,000.00 3,800.00 22,800.00 1,824.00
Name: Isaac Mkandawire Village : Makhuwira Msiska Village Traditional Authority: T/A Mtwalo District: Mzimba
Has no building
property on the site
Name: Vitumbiko Mtegha Village : Makhuwira Msiska Village
Dwelling house
Built of burn bricks,
32.72 29,000.00 948,880.00 189,776.00 1,138,656.00 91,092.00
30
Traditional Authority: T/A Mtwalo District: Mzimba
bonded by mud.
Asbestos roof,
cement floot and
window panes
Name: Alinubwira Mwenesongole Village : Makhuwira Msiska Village Traditional Authority: T/A Mtwalo District: Mzimba
Chalet 1
Built of burnt bricks,
bonded with cement
mortar, iron sheets,
timber trusses, glzed
window panes
33.56
90,000.00 3,020,400.00 604,080.00 3,624,480.00 289,958.00
Chalet 2 Built of burnt bricks, bonded with cement mortar, iron sheets, timber trusses. No window panes
33.56 80,000.00 2,684,800.00 536,960.00 3,221,760.00 257,740.00
Chalet 3 Built of burnt bricks, bonded with cement mortar. At roofing stage
33.56 71,000.00 2,382,200.00 476,552.00 2,858,752.00 228,700.00
Chalet 4 Built of burnt bricks, bonded with cement mortar. No roof
33.56 55,000.00 1,845,800.00 369,160.00 2,214,960.00 177,197.00
Pit latrine Built of burnt bricks, concrete slab, no roof
25,000.00 5,000.00 30,000.00 2400.00
Small Water tank 308,280.00 61,656.00 369,936.00 29,595.00
Big Water tank 17,000.00 3,400.00 20,400.00 1632.00
Borehole 1250,000.00 250,000.00 1500,000.00 120,000.00
24,883,384.00 1,990,670.00
33
Annex 8: Summary of projected maize yields from smallholder gardens on project site.
Column 1 Column 2 Column 3 Column 4 Column 5 Column 6
Name of Household head
and Physical Location
Address and Contact details
Size of maize
garden on site in
hectares
Estimated high
yield rate per
hectare
Project annual yields from gardens
Number of 50 kg bags year 1
Number of 50 kg bags year 2
Name: Tinaford Mtegha Village : Makhuwira Msiska Village Traditional Authority: T/A Mtwalo District: Mzimba
0.5 2000.00 1000 20 20
Name: Damazio Mtegha Village : Makhuwira Msiska Village Traditional Authority: T/A Mtwalo District: Mzimba
0.4 2000.00 800 16 16
Name: Isaac Mkandawire Village : Makhuwira Msiska Village Traditional Authority: T/A Mtwalo District: Mzimba
0.4 2000.00 800 16 16
Name: Vitumbiko Mtegha Village : Makhuwira Msiska Village Traditional Authority: T/A Mtwalo District: Mzimba
0.1 2000.00 200 4 4
34
Annex 9: Summary of projected business loss from maize gardens and recommended disturbance allowance
Column 1 Column 2 Column 3 Column 4 Column 5 Column 6
Name of Household head and
Physical Location Address and
Contact details
Size of garden on
site in hectares
Estimated maize
yield in kg
Current open market price per kg (MK)
Projected income from maize yield (MK)
Recommended disturbance allowance (Calculated as 25% of annual business loss) (in MK)
Name: Tinaford Mtegha Village : Makhuwira Msiska Village Traditional Authority: T/A Mtwalo District: Mzimba
0.5 1000 200.00 200,000.00 50,000.00
Name: Damazio Mtegha Village : Makhuwira Msiska Village Traditional Authority: T/A Mtwalo District: Mzimba
0.4 800 200.00 160,000.00 40,000.00
Name: Isaac Mkandawire Village : Makhuwira Msiska Village Traditional Authority: T/A Mtwalo District: Mzimba
0.4 800 200.00 240,000.00 40,000.00
Name: Vitumbiko Mtegha Village : Makhuwira Msiska Village Traditional Authority: T/A Mtwalo District: Mzimba
0.1 200 200.00 40,000.00 10,000.00
35
Annex 10 : Terms of reference for Abbreviated Resettlement Action Plan
1.0 INTRODUCTION
Malawi Government has received a credit from The International Development Association through the
Malawi Skills Development Project (IDA 13660). The period of implementation is 5 years from 2014 to
2018. The National Council for Higher Education (NCHE) is coordinating the project. The SDP is
implemented in selected public institutions (Chancellor College, Mzuzu University, Mzuzu University and
Polytechnic) and Technical, Entrepreneurship and Vocational Education and Training Agency (TEVETA).
The proposed project aims at developing the skills needed for improving employment outcomes and
increasing productivity among youth and underserved populations by increasing access, enhancing market
relevance, and increasing the results orientation of the participating institutions. Additionally, the project
aims to strengthen capacities of the Ministry of Education, Science and Technology (MoEST), National
Council for Higher Education (NCHE), Technical, Entrepreneurship and Vocational Education and Training
Authority (TEVETA) and participating institutions for policy development, programme planning and
implementation.
In line with the National Education Sector Policy, the participating institutions in this project will expand
equitable access to education in their programmes under the Malawi Skills Development Project.
A recent study on higher education in Malawi identified limited and dilapidated infrastructure as a constraint
to expansion of equitable access and improvement of market relevance in these institutions. Consequently,
these institutions have submitted improvement plans as part of the proposed SDP detailing their
infrastructure needs, which take up a large share of the resources allocated under the project. Given the
large investment in the proposed infrastructure, there is need to ensure that the infrastructure in the
improvement plans is optimum and relevant for the delivery of the proposed programmes.
Initial appraisal of the project under World Bank Safeguards Policies has indicated potential negative
environmental and social impacts, and a category B rating; requiring, Environmental and Social Screening
of the sub-projects, the development of Environment and Social Management Plans (ESMP) and
Resettlement Action Plans (RAP) or Abbreviated Resettlement Action Plan (ARAP).
2.0 LAND ACQUSITION FOR TOURISM AND HOSPITALITY SKILLS DEVELOPMENT CENTRE - MZUZU
Malawi Government acquired 3.3 hectares for Mzuzu University at Dunduzu area (in peri-urban area) for
development of a Tourism and Hospitality Skills Development Centre under Skills Development Project.
The site is adjacent to Dunduzu Service Station, along Mzuzu – Ekwendeni Road (M1), about 3
kilometres from Mzuzu University campus. The proposed centre will be the first purpose bui lt
management institute of tourism and hospitality services in Malawi. The centre will offer higher
education and training for much need human resources in tourism and hospitality sector.
Malawi Government acquired the 3.3 hectares from local villagers within Makhuwira Msiska village Sub
Traditional Authority Mopho Jere, City of Mzuzu. The acquired land was owned by five households as
customary land under the Mtegha clan/family. The land was used for human settlement and farming. At the
time of World Bank Mission in November 2015, there were houses, gardens, fruit trees and timber trees for
the five households within the proposed site. It is understood that the local inhabitants settled in the area
36
over 50 years ago. A local cemetery for the ancestors of local inhabitants is located about 100 metres from
the proposed site of the Tourism and Hospitality Skills Development centre.
The acquisition of the site for the Tourism and hospitality Skills Development centre has triggered the
Involuntary Resettlement Policies (OP 4:12) of The World Bank in that the activities will lead to loss of
land for local people, loss of houses, loss of crops, loss of fruit and timber trees among others. In addition,
the development of the centre on this site may lead to restriction to access to natural resources for some
local inhabitants.
In line with sections 19-22 of Involuntary Resettlement Policies (OP4:12) and Resettlement Policy
Framework for The Malawi Skills Development Project, social safeguard plans for a project of this nature
are either Resettlement Action Plan or An Abbreviated Resettlement Action Plan. An Abbreviated
Resettlement Action is a concise plan which addresses compensation packages and resettlement
assistance applicable to all project affected people are less than 50 households. A detailed Resettlement
Action Plan is applicable where a project displaces more households affected, normally more than 200
households.
3.0 TERMS OF REFERENCE FOR ABBREVIATED RESETTLEMENT ACTION PLAN
Given the fact that the acquisition of land for the Tourism and Hospitality Skills Development Centre will
displace only 5 households, an Abbreviated Resettlement Action Plan has to be prepared. An in line with
section 22 of Involuntary Resettlement Policies OP 4:12,(2012) of the World Bank, the plan will cover the
following:
1) Describe the project area and the proposed project.
2) Undertake a census of all project affected persons and inventories of assets on the site.
3) Undertake socio-economic surveys covering standard socio-economic characteristics of the project affected people.
4) Describe compensation entitlements and resettlement assistance to be provided.
5) Undertake consultations with displaced people about alternative options.
6) Describe institutions responsible for implementation of Abbreviated Resettlement Action Plan
7) Recommend affordable and accessible procedures for grievance redress for affected people.
8) Prepare a monitoring plan for compensation and resettlement activities.
9) Prepare a timetable and budget for all resettlement activities. Schedule must show all estimates for costs for implementation.
4.0 DELIVERABLES: An Abbreviated Resettlement Action and Final Abbreviated Resettlement Action Plan
37
Annex 11: List of people consulted in preparation of Abbreviated Resettlement Action Plan.
Name Position Organization Dates of
Consultations
Mr A.O Thumba Acting Regional Commissioner for Lands and Valuation
Department of Lands and Valuation May 2016
Mr D. Shora Valuation Officer Department of Lands and Valuation May 2016
Mr Chinula Policy, Research and Planning Manager
National Council on Higher Education May 2016
Mr AJC Kawonga Director of Projects and Estates
Mzuzu University May 2016
Mr E. Nyirenda Estates Development Officer Mzuzu University May 2016
Mr H. Msiska Village headman Makhuwira village May 2016
Mr A Chrambo Director of Planning and Development
Mzuzu City Council May 2016
Mr F. Nkhoma Land Surveyor Department of Surveys May 2016
STA Mopho Jere Traditional Authority May 2016
Alinubwira Mwenesongole
Project Affected Person Makhuwira Village, May 2016
Damazio Mtegha Project Affected Person Makhuwira Village, May 2016
Vitumbiko Mtegha Project Affected Person Makhuwira Village May 2016
Tinaford Mtegha Project Affected Person Makhuwira Village May 2016
Isaac Mkandawire Project Affected Person Makhuwira Village May 2016
38
Annex 12: Copy of minutes of at meeting with project affected people.
Venue of the meeting: Project Site: Dunduzu Project Area
List of people present
Mr AJC Kawonga Director of Projects and Estates – Mzuzu University Mr H. Mumba Consultant Mr Willard Shora Valuation Officer
Mr Dan Harawa Dean of Faculty of Tourism and Hospitality Services
Mr Sepula Head of Department
List of project affected people present
Mr Tinaford Mtegha Project affected household head
Mr Damazia Mtegha Project affected household head
Mr Vitumbiko mtegha Project affected household head
Mr Isaac Mkandawire Project affected household head
Mr Alubwira Mwesengole Project affected household head
Villageheadman Makhuwira Msiska
Opening of the meeting: The meeting was opened with a prayer from a volunteer.
Objective of the meeting: Mzuzu University explained that the purpose of the meeting was to follow up on
outstanding issues regarding compensations and resettlement of the people It was explained that a
consultant has been highlighted to look into issues and make recommendations. The members present
were informed that the World Bank
Consultant: The consultants explained to project affected household head to feel free and express the
issue which need clarification and attention. It was explained that the reports will be shared with them at a
later stage.
Comments from project affected people:
Alinubwira
Mwenesongole
I welcome the proposed project as it would develop the area and City of Mzuzu. I
had three structures at roof level on the site. I was not staying on the site, but wanted
to develop a lodge and entertainment centre. There were three workers for me on the
site. The land was purchased from Tinaford Mtegha about 4 years ago. I was in
process of leasing the site, but was stopped due to the proposed development. Have
been compensated for all three structures, flowers and trees around
I received compensations for structures from Mzuzu University in September 2015. I
have purchased alternative land adjacent to the site. Currently building a house
Complaints: Did not receive money for the land but only structures, flowers and
toilets. I did not receive money for transport for materials and workers on the site
Tinford Mtegha I have been here for over seventy years, and the land has been customary land
under our clan for all these years. Mt father came here in 1950s and the land was
39
owned by our family. I had maize garden here, I had trees and fruit trees. I was
compensated little money for timber trees and fruit trees. I have nti been given money
for my garden. Land is becoming scarce and I have not found an alternative land for
my household
Damazio Mtegha
I have been on this site since I was born when our forefathers were given this land by
chiefs. I have a house of four bed rooms and I keep seven dependent. I received the
compensations of about Mk11 million from Mzuzu University for the house and trees
and fruit trees sometime in September 2015
Complaints: The amount of money was not enough as we have to use the same
money to uses for labour costs. We did not receive money for the land we have lost
here. One household has not managed to find alternative land. So Tinaford Mtegha
(head of clan decided to share part of his garden to me – where I am building a new
house.
Compliant: The house under construction is smaller than the current house. This is
because the money I received was little replace the current house. The materials
have gone up. I was not given money for land which I owned on the site. I was not
given money to transport my household effects from the site.
Vitumbiko Mtegha
Smeda Chavula
We had a house, trees and fruit trees on the site which was built by my late father.
The house was under rent @MK5000.00 per month and rentals from the houses were
used for school fees for two children and other households’ needs. The compensation
given would not be enough to cater for a similar alternative houses.
Isaac Mkandawire
I had a garden and fruit trees and timber trees on the site. I was compensated about
MK1.2 million for timber trees and fruit trees only. I was not compensated for garden
where I used to cultivate food crops. I wanted to be assisted for compensation for
land. The money can help me to buy alternative land around the area. Land is not for
free around here.
Comments from Villagheadman Makhuwira Msiska
It is true that Mtegha family came here long time ago and they owned this land. The family is within
Makhuwira Msiska village. There is now shortage of land here as more and more people come here to live.
It will be difficult to find free land for garden which these people have lost here. There is need for
government to pay the affected people money so that these people buy land for gardens and for building
houses. People may not be able to give free land to Mtegha family at this stage.
Also consider the losses for land for houses and for trees as well.
The consultant thanked the project affected people and local village headman for comments and
contributions. The consultant informed the people that a report will be forwarded to National Council for
Higher Education and Mzuzu University in due course. The report will contain recommendations
The meeting was closed at 4.10 pm.
40
Annex 13: Summary of entitlements for various categories of project affected people.
CATEGORY OF PROJECT
AFFECTED PERSONS
TYPE OF LOSS ENTITLEMENTS FOR THE PROJECT AFFECTED PERSONS
Compensation for loss of
structure
Compensation for loss of land and
other assets
Compensation for loss of home and livelihoods
Property owners including those on
customary land regulated by
traditional authorities
Loss of land Cost at full replacement value
Land replacement at new site plus land clearing by the project.
Crop output replacement from gardens
Cash compensation for crops and trees at replacement values in scarce season
Loss of crop output from gardens
Allow sufficient time to harvest annual crops
Loss of structures –
residential premises or
business premises
Cost at full replacement value
Fence, brick work, wire and wood
Wastes water facilities
Connection to utilities
Access roads
Lump sum payment for replacement value building and loss of income from rented property based on number of months per tenant,
Socio-economic identity None None Disturbance allowance, transportation cost for relocation
Rehabilitation assistance, skill training , cash transfer project programme .
Residential tenant
Business tenant
Loss of rental
accommodation
Replacement of number of houses lost on the site
Replacement costs for non- movables
Disturbance assistance
Transportation assistance if relocating
Provision of rental fees for few months
Business tenant Loss of premises None Replacement costs for non- movables if installation was agreed with owners
None
Loss of business Payment of lost income at an agreed rate (say payment of six months of pas year average turnover)
Vendors Loss of hawkers Compensation at full replacement value for structure
None Payment of lost income at an agreed rate (say payment of six months of pas year average turnover)