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Feasibility Studies and Detailed Design of theMultinational Arusha-Holili/ Taveta-Voi Road

Resettlement Action Plan (Tanzanian side)

Date 8/6/2012

Project reference DTE80147T

Version Final Draft


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Informationsqualité du document

Destinataires

Pour Copie

Nom Service Nom Service

Lawrence Kiggundu AfDB / TTL

Historique des modifications

Contrôle final

Date

Nom

Signature

Version Date Rédigé par Contrôle interne Modifications

1 30/07/2012 Paul Manda S Osare / G Patricot Formatting and minor edits

Autresinformations

Auteur Prof Paul MANDA

Confidentialité Sans restriction

Date de référence 8/6/2012

Statut document Final Draft

Titre du document Feasibility Studies and Detailed Design of Arusha-Holili/Taveta-Voi Road :Resettlement Action Plan (Tanzanian side)


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Table of Contents page

1. Description of the Project, Project Area and Area of Influence ............................................. 7

2. Potential Impacts .................................................................................................................... 9

3.

Organizational Responsibilities ...........................................................................................10

4. Community Participation..........................................................................................................11

5. Socio-Economic Studies ......................................................................................................13

6. Legal Framework including Mechanisms for Conflict Resolutions and Appeals ..............14

7. Institutional Framework ............................................................................................................14

8. Eligibility ....................................................................................................................................15

9. Valuation of and Compensation for Losses and Budget for RAP Implementation ........18

10. Implementation Schedule .....................................................................................................18

11. Monitoring and Evaluation ....................................................................................................22

1.1 Project Background ...............................................................................................................23

1.2 Project Rationale....................................................................................................................23

1.3 Project Road ..........................................................................................................................24

1.4 Objectives of RAP Study .......................................................................................................25

1.5

Methodology ...........................................................................................................................25

Review of documents ...................................... .............................................................. .............. 26 Socio-economic surveys ...................................................... ....................................................... 26 Public consultations .............................................................. ...................................................... 26

2.1

Positive Impacts....................................................................................................................27

Employment Opportunities ...................................................................................................27

Boosting of local economy ...................................................................................................27

Additional income for women ..............................................................................................27

2.2 Negative Impact ................................................................................. Erreur ! Signet non défini.

Communicable diseases ................................................................. Erreur ! Signet non défini.

Marital and social conflicts ............................................................. Erreur ! Signet non défini.

Unwanted pregnancies ................................................................... Erreur ! Signet non défini.

Risk of accidents ............................................................................. Erreur ! Signet non défini.

Child Labor ....................................................................................... Erreur ! Signet non défini.

Health Related Problems ................................................................ Erreur ! Signet non défini.

Compensation options ..........................................................................................................28

Compensation of community assets ...................................................................................28

Removal of graves .................................................................................................................28

Assistance to vulnerable people ..........................................................................................28

3.1 Organisations and institutions involved ..............................................................................30

3.2 Creation of dedicated committees ........................................................................................31

4.1 Introduction ............................................................................................................................32

4.2 Stakeholder Consultation .....................................................................................................33

4.3 Findings ...................................................................................................................................34

4.4 FrequentlyAskedQuestions During Public Consultations ...............................................42

In-kind compensation for structures ...................................................................................42

Project implementation .........................................................................................................42

Cut-off date for eligibility for compensation .......................................................................42


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Supervision of compensation ..............................................................................................42

Modality of receiving compensation....................................................................................42

Building materials ..................................................................................................................42

Damage caused by/ during construction ............................................................................42

Multiple owners of a single property ...................................................................................42

Partial acquisition of a structure ..........................................................................................42

Road reserve width ................................................................................................................42

SISAL compensation .............................................................................................................43

Quality of land ........................................................................................................................43

Delays in compensation ........................................................................................................43

Openness and transparency of valuation process ............................................................43

Flow of information to PAPs .................................................................................................43

4.5 Grievances Redress Procedures .........................................................................................43

Introduction ............................................................................................................................43

Potential grievance / disputes ..............................................................................................43

Proposed grievance management and redress mechanism .............................................44

5.1 Introduction ............................................................................................................................48

5.2

Household Characteristics ...................................................................................................48

5.3 Socio-Demographic Characteristics of PAPs ....................................................................50

6.4 Gender Issues ........................................................................................................................55

5.5

Occupational status of PAPs ................................................................................................58

5.6

Economic Profile of PAPs .....................................................................................................58

5.7 Nature and Types of Assets and PAPs ...............................................................................61

6.1 Policies ...................................................................................................................................64

National Land Policy, 1995 (Revised in 1997) .....................................................................64

Relevance to the project ....................................................... ....................................................... 64

African Development Bank Environment Policy ................................................................64


World Bank Operation Policy 4.12 – Involuntary Resettlement .. Erreur ! Signet non défini.

Relevance to the project ....................................................... .................. Erreur ! Signet non défini.

HIV/AIDS Policy, 2006 ............................................................................................................66


6.2 Legal Framework ...................................................................................................................66

The Constitution of Tanzania ...............................................................................................66

Land Act of 1999 ....................................................................................................................66


The Land Acquisition Act 1967 ............................................................................................68 The Town and Country Planning Ordinance, Cap 378 of 1956 (revised in 1961) ............68


Road Act, 2007 .......................................................................................................................69


Highways Ordinance, Cap 167 .............................................................................................69

The Grave Removal Act, 1969 ..............................................................................................70


Employment and Labour Relations Act, 2004 ....................................................................70


Environmental Management for Sustainable Development Act, 1996 .............................70


6.3 Regulations ............................................................................................................................71


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The Land (Compensation Claims) Regulation, 2001 ..........................................................71

Relevance to theproject ........................................................ ....................................................... 71

The Land Assessment of Value for Compensation Regulation, 2001 ..............................71

Accommodation allowance .................................................. ....................................................... 72 Loss of profit .............................. ................................................................. ................................. 72 Disturbance allowance .................................... .............................................................. .............. 72 Transport allowance ................................................... .............................................................. ... 72 Interest ................................................................................... ....................................................... 72 Relevance to the project ....................................................... ....................................................... 73

6.5

AfDB Policy on Involuntary Resettlement ...........................................................................74

6.6 Comparing and Contrasting African Development Bank Policy and Tanzania Law ......76

6.8

Identification of Project Affected Groups, Individuals and Persons ................................78

6.9 Categories of Affected People ..............................................................................................79

8.1 Eligibility Criteria ...................................................................................................................82

8.2 Entitlement Matrix ..................................................................................................................83

8.3 Organizational Procedures for the Delivery of Entitlements ..............................................85

9.1 Introduction .............................................................................................................................86

9.2 Methodology ............................................................................................................................87

Field Surveys .................................................................................... ............................................ 87 Structural Surveys ........................................... .............................................................. .............. 87 Statutory Notices ................................................................................................. ......................... 88

Nature and type of affected assets ......................................................................................88

Identification of PAPs ............................................................................................................88

Valuation of land ....................................................................................................................88

hValuation of buildings .........................................................................................................89

9.3 Land Acquisition and Compensation in Tanzania .............................................................90

9.4 Applicable Allowances ..........................................................................................................91

Disturbance allowance ..........................................................................................................91

Accommodation allowance ..................................................................................................91

Loss of profit ..........................................................................................................................92

Transport allowance ..............................................................................................................92

9.7 Valuation Summary ...............................................................................................................93

9.8 Budget for RAP Implementation ..........................................................................................93

11.1

General Objectives of Monitoring and Evaluation ...........................................................100

11.2 Internal Monitoring ..............................................................................................................100

11.3 External Monitoring .............................................................................................................102

11.4 Evaluation .............................................................................................................................103

11.5

Reporting Requirements .....................................................................................................103

Annexes:

Annex I: RAP Questionnaire

Annex II: Minutes of Consultative Meetings


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Acronmys and Abbreviations

AfDB African Development Bank

CBO Community Based Organization

CoI Corridor of Impact

EAC East African Community

ESIA Environmental and Social Impact Assessment

GOK Government of Kenya

GOT Government of Tanzania

NGO Non-Governmental Organization

OP Operational Policy (of the World Bank)

PAP Project Affected Person

RAP Resettlement Action Plan

RO Right of Occupancy

RoW Right of Way

WB World Bank


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EXECUTIVE SUMMARY

1. Description of the Project, Project Area and Area ofInfluence

The Government of the United Republic of Tanzania (GOT) and theGovernment of the Republic of Kenya (GOK), with the support of the East

Africa Community (EAC), intend to improve the transport infrastructure inorder to support economic development programs within the two countries,deepen economic co-operation and foster regional integration within theEAC.

EAC has received a grant from the African Development Bank (AfDB) tocarry out the Feasibility Studies and Engineering Detailed Design of theArusha – Holili/Taveta – Voi Road (254 Km), a regional road betweenTanzania and Kenya.

In Tanzania, the road will cover a distance of 115 Km on the existing Arusha-Holili road and 42 Km of a by-pass in Arusha. In Kenya the road will

cover a total distance of 98Km. The road links with the corridor No 5 of theEAC Regional Road Network Programme, which spans from Tunduma inSouthern Tanzania to Moyale in Northern Kenya. In Kenya, it links withCorridor No 1, which commences at the Port of Mombasa to the border townof Malaba and on to Kigali in Rwanda.

The regional road is the most important link between Tanzania andKenya, with most of import and export traffic to and from Northern Tanzaniapassing through the port of Mombasa. The assignment to carry out thefeasibility study and engineering detailed design was awarded to EGISBCEOM International Ltd. As part of the assignment, the consultant isrequired to carry out Environmental and Social Impact Assessment (ESIA)for the proposed road project.

This ESIA report, which is based on a feasibility study, covers ESIA for onlythe Arusha –Holili road section of the project, which is located in the UnitedRepublic of Tanzania. A separate report has been prepared for the ESIA ofthe Taveta-Voi road section of the project.

The project as originally conceived was to constitute dualling of the sectionof the project from Sakina to Usa River and improvement of Usa River – Moshi – Holili road by strengthening and widening the existing pavement,widening of shoulders, improvement of drainage structures and realignmentof some sections to improve geometry. The project will also involveconstruction of a by-pass for through traffic to Arusha Central Districtthrough the outskirt of Arusha municipality and Arumeru District.In addition,the spur road to Kilimanjaro International Airport (KIA) will be strengthened.

The project will also involve improving safety on various sections of roadwith infringed sight distance (sharp horizontal and vertical curves), which areprone to accidents, accommodation of non-motorized traffic andimprovement of axle load control facilities. The existing 6.5 m carriageway,1.5 m shoulder Usa River - Moshi – Holili road will be widened to 7.0 mcarriageway, 2 m shoulders. The proposed by pass and Arusha - Usa Riverroad sections road will have double carriageways of bituminous surfacing of6.5 m width and 1.5 m shoulders, while the road section between Arushaand Usa River will be of dual carriageway. All bridges (except those for dualcarriageways) will be of two lanes, with foot path (with guard rails) on bothsides. There will be road side and cross drains as required. It is anticipatedthat the proposed road for the Arusha – Holili section will mostly follow theexisting horizontal alignment.


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EXECUTIVE SUMMARY

Due to budget constraints, the dual carriageway section has been reviewedto end just after Nduruma River as opposed to Usa River as originallyplanned. The bypass will also be implemented through AfDB financing. TheSection between Usa River – Holili, though the designs are complete, willnot be included under AfDB financing.

The pavement for the dual carriageway and the Usa River – Sakina sectionwill have DBM base and asphalt concrete wearing course. The proposed

Arusha bypass will have a CRR base and asphalt wearing course sub-base.The structure of this Executive Summary follows the sections of the report.The philosophical underpinning of the plan preparation is the use of aparticipatory approach of major stakeholders including affected communitiesand project affected persons (PAPs). Data collection methods and activitiesemployed in the process of developing the RAP document were: review ofrelevant laws and regulations and documents; community meetings andconsultations; key informants (District and Municipal Officers, Local

Authorities, among others) interviews and discussions; household andpopulation census surveys; focus group discussions and use of maps andfiled surveys. These mixed method approaches employed both qualitativeand quantitative data gathering techniques were found to be effective, validand reliable.


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EXECUTIVE SUMMARY

2. Potential Impacts

The improvement of project road entails a number of activities that will havea bearing on the existing socio-economic sector of the road corridor and itsinhabitants. Among these activities are land acquisition and roadconstruction related activities.

In the RAP context improving the project road will have both positive andnegative impacts. Among positive impacts include the following:

Provision of secondary employment opportunities for the localpopulation, and substantial increases in income-generating activities.This will lead to diversification of some household economies. Forexample a number of people will be employed during theconstruction phase across the villages. Local people will also havethe opportunity to establish small scale food service to cater for theneeds of the road construction workers

The additional work force on the road construction activities willboost albeit in the short-term local community economy within theroad corridor

The increased income generation activities will provide especially forwomen additional income which in the existing cultural contextimplies improved household socio-economic statuses.

The project is anticipated to have some negative impacts which howevercan be mitigated. These include:

loss of property with negative impacts on the livelihoods of thepeople.

vulnerable groups will be affected more.

inability to find equally productive land.

inability to find equally prime business area.


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EXECUTIVE SUMMARY

3. Organizational Responsibilities

A number of organizations and institutions will be involved with RAPimplementation processes at different levels and times. However, the overallcoordination of RAP activities will be under TANROADS and otherinstitutions and organizations that have the legal obligations to carry outfunctions related to resettlement and /or compensation including various

local authorities. These include:

TANROADS will implement and oversee RAP

TANROADS will support sensitization of stakeholders on RAP,preparation of monitoring of RAP;

Local Government Authorities will sensitize communities on RAP,provide technical support in preparation of RAP, screen, appraise,and monitor implementation of RAP;

Communities, Villages, ward, affected groups - as the final owner ofland, landed properties and assets to be acquired or affected will bethe participants and responsible for the implementation of the RAP.The local level authorities will support practical day-to-dayimplementation of the resettlement activities, including thedisbursement of compensation funds.

TANROADS and special departments shall have the overallresponsibility for the oversight of implementation of the RAP andproviding enabling environment for the same;

Independent NGOs and other stakeholders may be engaged towitness the fairness and appropriateness of the whole process. TheNGO will be involved in the monitoring of the resettlement process,establishing direct communication with the affected population,community leaders, TANROADS to facilitate the completion of RAP;

External Audits shall include the evaluation of the implementation of the

resettlement action plans in routine annual audits. Without unduerestrictions, the audits may include assessment of:

Resettlement conditions where relevant;

Consultation on compensation options, process and procedures;

Adequacy of compensation; and

Adequacy of specific measures targeting vulnerable people.

TANROADS shall set up Resettlement, Compensation, and DisputeCommittees with responsibilities assigned. These committees shallcomprise representatives of key Ministries, the Consultants, and a localNGO involved in human.

Internal audit process will be the responsibility of the project implementationunit (TANROADS) and NGO. Monitoring will ensure the following:

- Verification of acquired properties

- Information dissemination

- Compensation

- Relocation if applicable

- Actual payment etc


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EXECUTIVE SUMMARY

4. Community Participation

Comprehensive consultation meetings with communities were carried outwhich aimed at involving the stakeholders and seek their views on variousaspects in particular the resettlement issues arising from the upgrading ofProject Road. Consultations with PAPs focused to inform them of the projectand its activities and discuss land acquisition and other physical assets at

replacement or compensation costs. Options for relocation, shifting and lossof employment costs as per need and provision of livelihood support tovulnerable groups were some of the other issues discussed duringconsultations. Along with information dissemination the consultations alsoaimed at taking peoples’ opinions and suggestions on project and itsbenefits and impacts. It is worth noting that majority (99.6%) of samplePAPs preferred cash compensation instead of in-kind compensation andPAPs are not relocating in groups, rather mostly stepping back in theirrespective gardens and compounds. Given this scenario there is no need toaddress issues related to integration of PAPs into host communities atalternative sites and the provision of social services in the new sites.

Suggestions given during the consultation process are being addressedthrough planning and designs of roads; construction planning andscheduling; valuation process; and resettlement action plan preparation andimplementation. Public participation and consultation took/or will continue totake place through meetings, request for written proposals /comments, fillingin of questionnaires /forms, public readings and explanations of projectideas and requirements, making public documents available at the District,Town, Ward and Street/Village levels at suitable locations like the MunicipalHall, District Council Hall, official residences /offices of local leaders. Thesemeasures will allow enough time for responses and feedback.

Potential grievances and disputes that may arise during the course ofimplementation of the resettlement and compensation programme are oftenrelated to the following issues:

Inventory mistakes made during census survey as well asinadequate valuation of properties;

Mistakes related to identification and disagreements on boundariesbetween affected individual(s) and specifying their land parcels andassociated development;

Disagreements on plot /asset valuation (eg inadequatecompensation);

Seizure of assets without compensation;

Divorces, successor and the family issues resulting into ownershipdispute or dispute share between heirs or family;

Disputed ownership of given Assets (two or more affectedindividual(s) claim on the same);

Where affected individual(s) opt for a resettlement based option,disagreement on the resettlement package (unsuitable location ofthe resettlement site); and

Problems related to the time and manner of compensation payment.

The grievance procedure proposed are simple, administered in the first

instance at the local level to facilitate access, flexibility and open to variousproofs taking into account the need for speedy, just and fair resolution of


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EXECUTIVE SUMMARY

their grievances. If not sorted at this stage then it will be referred to councilsat village/ward, district and regional levels in the same order. Unresolveddisputes can be referred to appropriate level of courts established by law.


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EXECUTIVE SUMMARY

5. Socio-Economic Studies

The main objective of the census and socio-economic survey was toprepare an inventory of all the affected assets and affected households andthen to estimate the extent of resettlement impacts due to projectimplementation and prepare RAP for the compensation and assistance. The

initial census surveys and consultations were conducted between Februaryand March 2012. All affected assets and households were identifiedfollowed by preparation of inventory of all affected assets during filedsurveys.

The surveys revealed that the PAPs are mainly small scale framers withlimited sources of income, low levels of education, and higher dependencyfactor. Male-headed households are common (87%) among the PAPsalthough 13% of all households are female-headed and none are child-headed. Generally the female and child-headed households indicate highlevels of poverty, and are thus likely to face greater degrees of vulnerabilitybecause of social and economic dislocations brought about by the project.

In terms of access to social service facilities such as healthcare, primary

and secondary schools, this was found to be difficult although there weresome variations between the facilities. The survey’s results also show thatwomen do have substantial decision making powers in matters relating tofinances, education of child, health of child, purchase of assets, day to dayactivities and social functions within the households. The majority (87%) ofPAPs have more than one source of income and the main income source isagriculture (76%) followed by self-employment /business (59%). None of thesample households reported to be earning less than one dollar a day whichis below the poverty line.


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EXECUTIVE SUMMARY

6. Legal Framework including Mechanisms for ConflictResolutions and Appeals

Relevant United Republic of Tanzania laws, policies and regulations andinternational conventions were considered in developing the RAP document.These also include the African Development Bank (AfDB) Policy (2003) on

Involuntary Resettlement.The key legal document relating to resettlement in Tanzania is theConstitution of the United Republic of Tanzania Article 24 (1). This articlestipulates that every person is entitled to own property, and has the right tothe protection held in accordance with the law .

The National Land Policy (1995) provides that a dual system of tenure,which recognizes both customary and statutory right of occupancy as beingequal in law be established. The policy further establishes that the land hasvalue, and that land rights and interests of citizens owning land shall not betaken without due process of law and with full, fair and promptcompensation once land is acquired. In principle the Minister responsible forland matters is the sole authority in land issues. But the policy involves the

public and private institutions whose functions are associated with land i.e.local authorities, communities, nongovernmental organizations andcommunity based development organizations to participate and co-operatewith the minister at different levels during the implementation of the policyand utilization of land. The land policy stipulates that all land is public land,vested in the president as a trustee, and that this should be entrenched inthe constitutions.

According to the policy, administration of village land is vested in the villagecouncils. Village councils have to consent before any alienation of villageland is affected. In case of land allocations, village councils shall report torespective village assemblies. To address the problem of multiple landallocation, and its resultant disputes, the Commissioner for Lands, is thedelegated sole authority for administration of land.

7. Institutional Framework

A number of organizations and institutions will be involved with RAPimplementation processes at different levels and times. The overallcoordination of the implementation of RAP activities will be under theTANROADS and other institutions and organizations that have the legalobligations to carry out functions related to resettlement and orcompensation. These will include the funding agency; the Consultants - who

prepared designs, conducted valuation, prepared RAP report, along with anNGO; local governments - regional and district commissioners, land office,communities, Ward Executive Officers (WEO); PAPs - whose assets areaffected and who will be compensated and rehabilitated. Resettlement,compensation, and dispute resolution committees will be formed with therepresentatives from various stakeholders and will assist in implementingRAP as per the applicable laws, regulations, and policies.


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EXECUTIVE SUMMARY

8. Eligibility

According to the AfDB Policy on Involuntary Resettlement (2003) eligibleindividual(s) are those whose land or other assets have been acquiredinvoluntarily which results in:

a) Relocation or loss of shelter by the persons residingin the project area;

b) Loss of assets or involuntary restriction of access toassets including national parks, protected areas ornatural resources; or

c) Loss of income sources or means of livelihood as aresult of the project, whether or not the affectedpersons are required to move.

Therefore AfDB policy displaced persons in the following two groups areentitled to compensation for loss of land or other assets taken for theproject purposes:

a) Those who have formal legal rights to land or otherassets recognized under the laws of the country.This category will generally include people who arephysically residing at the project site and those whowill be displaced or may lose access or suffer a lossin their livelihood as a result of the project activities;and

b) Those who may not have formal legal rights to landor other assets at the time of the census but canprove that they have a claim such as land or assetsthat would be recognized under the customary lawsof the country. This category may also include

those people who may not be physically residing atthe project site or persons who may not have anyassets or direct sources of livelihood derived fromthe project site, but who have spiritual and/orancestral ties with the land (e.g. graveyards, sacredforests, places of worships). This category may alsoinclude sharecroppers or tenant farmers, seasonalmigrants or nomadic families losing user rights,depending on the country’s customary land userights. Additionally, where resettlers lose access toresources such as forests, waterways, or grazinglands, they would be provided with replacements inkind.

A third group of displaced persons are those who have no recognizablelegal right or claim to the land they are occupying in the project area andwho do not fall in any of the two categories described above. This categoryof displaced persons, will be entitled to resettlement assistance in lieu ofcompensation for land to improve their former living standards(compensation for loss of livelihood activities, common property resources,structures and crops, etc.), provided they occupied the project area prior toa cut-off date established by the borrower and acceptable to the Bank. Atthe minimum, under the Bank’s policy (with no contradiction to theborrower’s legislation), land, housing, and infrastructure should be providedto the adversely affected population, including indigenous groups, ethnic,

linguistic and religious minorities, and pastoralists who may have usufructrights to the land or other resources taken for the project. The cut-off date


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EXECUTIVE SUMMARY

must clearly be communicated to the project affected population. Personswho encroach on the project area after the cut-off date are not entitled toany form of resettlement assistance.

The PAPs were considered irrespective of their tenure status, with respectto land that they own, occupy or use the affected land prior to the cut-off-date. The cut-off date for eligibility to resettlement entitlements for the

project road was 16

th

March 2012 which is the last day of valuation ofproperties.

Properties that are eligible for compensation are buildings, land, assets onthe land such as crops, trees etc. Local communities loosing land and oraccess to assets under customary rights are eligible for compensation.These criteria have been used to determine which PAPs are consideredeligible for compensation and other resettlement assistance, in accordancewith Tanzania Laws.

Entitlement matrix by type of PAP and type of loss

The principles adopted from the United Republic of Tanzania Laws and African Development Bank

Policies establishes the eligibility and provisions for all types of losses (land, structures, businesses,employment, wages, crops, trees). All affected persons will be compensated at full replacement costsand other allowances. According to the census survey of assets all of the PAPs are property ownersof land, residential structures (with business outlets); crops; trees and plantations. The EntitlementMatrix is given in the matrix below.


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EXECUTIVE SUMMARY

of PAPs Type of Loss

Type of Entitlement

Compensation for Loss

of Structure


of Assets


of IncomeMoving allow

rty Owner Loss of Land - Replace land /pay Crops at market cost inscarce season

None

Loss of structure,residential, orbusiness; standingcrops & trees

Compensation at fullreplacement

Compensation at marketpricePermanent crops or treesat market price

For lost rental incomelump some cash paymentof 6 months rent per tenantLoss of business incomepayment of half turnoverfor 6 months

Actual cost of 12 tons of go20 Km

ential Tenant Loss of rental ofaccommodation

- Replacement cost of non-movables installation wasagreed with owner

12 tons of gofor 20 Km

ess Tenant Loss of rental ofbusiness premises

- Replacement cost forfacilities that cannot be

moved

Loss of business incomepayment of half of turnover

for 6 months

12 tons of gofor 20 Km

ters (living onegally)

Loss of shelter Compensation at fullreplacement value forstructure

- Payment in lieu of wageswhile re-building

-


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EXECUTIVE SUMMARY

9. Valuation of and Compensation for Losses and Budgetfor RAP Implementation

In total 1,066 Households and an estimated 6,396 PAPswill be affected. Total compensation cost (including RAP

implementation costs) is estimated at Tanzania Shillings19,405,000,000.00

Table E.1: Breakdown of the compensation costs (Millions TZ Shillings)

Road Section LandValues

BuildingValues

CropValues

Distur bance Allowance

Accommodation Allowance

Loss ofProf it

Transport Allowance

RAPImplementationCosts

TotalCompensation

Main alignment 1,225.75 806.82

9.81

102.12 50.76 343.80

4.08 2,543.14

Ring-road 8,961.36 4,775.44

444.51

1,184.13

205.92645.14

40.56

16,257.06

RAPImplementation

604.80 604.80

Total10,187,11

5,582.26

454.32

1,286.25

256.68 988.94

44.64 604.80

19,405.00

The costs and budget items for RAP implementation are: fees; transport; perdiems and office stationery for the hiring of NGO, Consultants and ExternalEvaluator. The proposed total budget is USD 384,000.00 (about604,800,000.00 Tshs) to cover the four key budget items.

10. Implementation Schedule

Implementation of RAP consists of several resettlement activities. Efficientimplementation of RAP activities requires several measures to be takenprior to start-up of implementation. These include setting up of relevantcommittees. In principle project civil works may not commence until all PAPsdetermined to be entitled to compensation are compensated. PAPs are tobe given 90 days after receiving compensation. The time frame suggestedof 12 months on the implementation schedule ensures that no PAP oraffected household will be displaced due to civil works activity beforecompensation is paid and is undertaken when all necessary approvals havebeen obtained.


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EXECUTIVE SUMMARY

The key RAP implementation activities include surveys, PAPs identificationand inventory of assets, consultation with PAPs, valuation of affectedproperties and establishment of cut-off date for eligibility, bank accountopening, actual payment of compensation and delivery of other entitlements,payment within 6 months of giving notices, dispute /grievances resolution,owners can remove all affected structures at fixed date (advised at the timeof compensation payment) provided in writing, and monitoring andevaluation. As at the time of reporting surveys, identification of affected

assets, consultations, valuation are complete.


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EXECUTIVE SUMM

DTE80147T/RAP Arusha-Holili/Taveta-Voi Rd : Resettlement Action Plan (Tanzanianside) Page 20of103

Figure E.2: RAP Implementation Schedule

Task Months of Year 2012-2013

Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan

Preparation and conducting of household surveys of PAPS

Identification of affected land and other assets

Consultations with PAPS and communities

Identification of categories of affected assets

Identification of names, addresses, ownership/use status, gender, age ofPAPs

Disclosure of affected assets and claimants

Preparation of valuation methods

Holding of public hearings to verify entitlements and proposed valuationmethods

Establishment of cut-off-dates

Finalization of draft RAP report

RAP disclosure and circulation

Response to feedback to draft RAP and RAP finalization

Submission of final RAP and budget

Hiring NGO/Consultant/RAP implementing agency

Set Up district level committees

Verification of PAPs

Revision and approvals of compensation schedules

Submission of revised RAP

Opening Bank Accounts

Certified List of names with Bank Accounts sent to TANROADS

Compensation to PAPs-payment through banks (for those getting or equal


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EXECUTIVE SUMM


Task Months of Year 2012-2013

Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan

to 400,000 Tsh)

PAPs informed by TANROADS/or consultant that funds have beendeposited into their accounts

District Administrative Secretary (DAS) prepares vouchers for payment forPAPs getting less than TShs 400,000 to Regional Sub-Treasuries (RST)

RST prepares open checks for PAPs getting less than TShs 400,000 andare sent back to DAS for delivery to PAPs

Consultant prepares record form for PAPs to sign upon receiving the checkPreparing relocation

Finalization of arrangements for grievances mechanisms

Land acquisition-Notice of COI clearance

Commencement of Works

Monitoring and Evaluation


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EXECUTIVE SUMMARY

11. Monitoring and Evaluation

RAP implementation is one of the central components of this project and itsmonitoring is critical to solve challenges or obstacles in the areas of

mobilization and compensation etc. The monitoring and evaluationprocedures will include external and internal evaluation of the compliance ofthe actual implementation with objectives and methods as agreed, andmonitoring of specific situations. A set of verifiable indicators will be used tomonitor and evaluate the implementation of resettlement and compensationplans.

Internal monitoring will be the responsibility of the project implementationunit (TANROADS) and NGO while the Consultants may provide technicalassistance in implementing RAP. Monitoring will ensure the following:

- Verification of acquired properties

- Information dissemination

- Compensation

- Relocation if applicable

- Actual payment etc.

External monitoring shall be engaged to carry out independent bi-annualreview of RAP implementation and project evaluation. External monitoringand evaluation can be done by independent researcher, consulting agency,university department or an NGO.

Evaluation of RAP implementation shall assess the compliance withobjectives and methods stated in RAP and also laws, regulations andsafeguard policies. It shall also i) assess the consultation procedures thattook place at individual and community level, together with the CentralGovernment and Local Government levels in the affected municipalities anddistricts; ii) assess whether fair, adequate and prompt compensation hasbeen paid; iii) evaluate the impact of the compensation on income andstandard of living; and v) identify actions as part of the on-going monitoringto improve the positive impact of the programme and mitigate its possiblenegative impact if any. The following are the suggested reportingrequirements:

The Consultants responsible for facilitating RAP implementation willprepare monthly progress reports on resettlement progressactivities;

TANROADS shall also monitor RAP implementation and prepare

quarterly reports; and External monitoring agency submits bi-annual reports directly to

TANROADS and determines whether or not RAP goals have beenachieved and livelihoods have been restored and suggest suitablerecommendations for improvement.


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CHAPTER 1: Description of the Project, Project Area and Area of Influence

CHAPTER 1: Description of the Project, Project Areaand Area of Influence

1.1 Project Background

The project road is located in the Northern part of Tanzania and traverses Arusha City, Arusha District and Arumeru District in Arusha region.

The proposed project road comprises of two road sections: Main alignment Arusha – Nduruma and Arusha by pass. The Arusha – Nduruma section iscurrently of bitumen standard while the proposed by pass is partly earthroad/gravel, and partly non-existent. The non-existent part of the by-passpasses through undeveloped area between Ngaramtoni and Njiro throughEngare Olmotoni and Chekereni (Mlangarini).

The Arusha – Nduruma section starts off at Sakina in Arusha and ends justafter Nduruma River (km 12.8). The rest of the alignment follows the existingbitumen road through Usa River, Bomang’ombe (Hai), Moshi, and Himobefore ending at Holili, the border post for Tanzania and Kenya. This sectionwill be packaged under different funding. The Arusha by pass starts off atNgaramtoni (Kibaoni area) at the junction to Tanzania Pest ResearchInstitute (TPRI), along Arusha – Namanga road, in the outskirt of Arushaand ends at Usa River, traversing Mringa Estate, Magereza village,Mateves, Milongonne, Terat, Muriet, Mkonowo, Njiro, and Kiseriani, before

joining the old Moshi Road.

The project will also involve improving safety on various sections of roadwith infringed sight distance (sharp horizontal and vertical curves), which areprone to accidents, accommodation of non-motorized traffic andimprovement of axle load control facilities.

The project will involve construction of a by-pass for through traffic to

Arusha Central District through the outskirt of Arusha municipality and Arumeru District. The road section from Arusha to Nduruma River will bewidened to accommodate dual carriageway (four lanes traffic).

The proposed by pass and Arusha - Nduruma River road sections road willhave double carriageways of bituminous surfacing of 6.5 m width and 1.5 mshoulders, while the road section between Arusha and Nduruma River willbe of dual carriageways. All bridges (except those for dual carriageways)will be of two lanes, with foot path (with guard rails) on both sides. There willbe road side and cross drains as required. It is anticipated that the proposedroad for the Arusha – Nduruma section will mostly follow the existinghorizontal alignment. The pavement will be of DBM base and asphaltconcrete wearing course.

1.2 Project Rationale

Transport is an important component of any economic growth and povertyalleviation strategy. Therefore, removing constraints imposed by poortransport infrastructure allows other economic sectors to grow. Transport inTanzania, like much of Africa, is dominated by road transport. Rail is only asmall component of land transport. The proposed road (Arusha – Holili/Taveta – Voi) forms part of the trunk road which links with corridor No.5 in

Arusha (Great North Corridor) of the East African Community Regional

Road Network Programme which spans from Tunduma in southernTanzania to Moyale in northern Kenya. In Kenya, the road links withCorridor No. 1 at Voi which commences at the Port of Mombasa to the


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border town of Malaba and on to Kigali in Rwanda. The regional road is themost important link between Tanzania and Kenya, with most of import andexport traffic to and from Northern Tanzania passing through the port ofMombasa. The road facilitates cross border trade with Kenya (through Holili)in Rombo District. The movement of people, goods, including agriculturalproduce from Arusha and Kilimanjaro.

Regions to market centres are through this road. The road is also used bytourists from Arusha, through Kenya or directly through Kilimanjaro

International Airport to other parts of Tanzania.

Vibrant tourism industry and a high agricultural potential of the project areahas made the road significantly busy due to the high traffic volume between

Arusha and Moshi municipalities and beyond. The increasing rates ofvehicular accidents along the road is on the increases owing to high trafficvolume along the rolling terrain of the road with infringed sight distances andconstrained bridge crossings for non-motorized traffic. Apart from improvingtransport and transportation between Arusha and Voi and interconnectareas, the project therefore aims at improving the safety of the project road.

1.3 Project Road

The project road passes through Arusha City, Arusha District Council andMeru District Council (see location map below).

Marked in red is the Arusha – Holili road. In black is the proposed Arushabypass while in blue is the Holili – Voi section.


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1.4 Objectives of RAP Study

The main objectives of the RAP are:

Describe the legal and instructional framework for dealing withresettlement;

Describe socio-economic profile of the project affected persons

(PAPs);

Estimates the nature and magnitude of displacement;

Sets out the criteria used to determine eligibility for resettlement,compensation and other assistances and what entitlements are dueto different categories of PAPs and for different types of losses;

Describe valuation procedures used;

Describe how resettlement and or compensation entitlement will bedelivered;

Describe public consultation process and mechanisms to addressgrievances and

Provide an indication of the costs involved.

1.5 Methodology

The preparation of RAP document involved various activities. Theseincluded philosophical underpinning of the plan preparation which is the useof a participatory approach of major stakeholders including affectedcommunities and PAPs.

Data collection methods and activities employed in the process ofdeveloping the RAP document were:

Review of relevant laws and regulations and documents;

Community meetings and consultations;

Key interviews and discussions; household and population censussurveys;

Focus group discussions and use of maps and filed surveys.

These mixed method approaches employed both qualitative and quantitativedata gathering techniques. Brief descriptions of the methodologies used aregiven below:


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Review of

documents

Among reviewed documents were: Project documents; Tanzania Laws;Policies; Administrative frameworks and African Development BankPolicy on Involuntary Resettlement.

Socio-economic

surveys

This comprised of a detailed census/inventories with affected households aswell as formal and semi-formal discussions with sample focus groups in the

communities. A comprehensive questionnaire for data collection was used.The questionnaire gathered information on the following:

a) Household Bio data (Socio-demographic information);

b) Livelihoods (such as sources of income and type of occupation;employment status; vulnerability); and

c) Access to economic and social services infrastructure.

Publ ic consul tat ions Consultations were conducted across sections of stakeholders at district,ward, village and community levels. Among key issues raised in theseconsultations also included positive and negative impacts of the project;

issues relating to compensation; resettlements; and employmentopportunities during the project implementation. The output of the meetingsand interviews was identification of major issues and impacts. A total of 10public consultation meetings were held for all 10 wards that are along theproject road.


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CHAPTER 2: POTENTIAL IMPACTS


The improvement of project road entails a number of activities that will have a bearing on the exisitingsocio-economic sector of the road corridor. Among these activities are land acquisition; roadconstruction related activities.

In the RAP context improving the project road will have both positive and negative impacts. Amongpositive impacts include the following:

2.1 Positive Impacts

EmploymentOpportunities

Provide secondary employment opportunities for the local population,and increases in the number and intensity of income-generatingactivities; leading to diversification of the household economies. Anumber of people will be employed during the construction phaseacross the villages. For example local people within the road impact

areas will have the opportunity to establish small scale food service tocater for the needs of the road construction workers

.

Boosting of localeconomy

The additional work force on the road construction activities will boostalbeit in the short-term local economy

Additional income forwomen The increased income generation activities will provide especiallywomen with additional income


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2.3 Minimizing Negative Impacts

In line with the AfDB’s Policy on Involuntary Resettlement (2003) on resettlement and to minimize the

resettlement, the Consultants design’ team, sociologists and valuers have worked jointly and inconsultation with the potentially affected people represented by their leaders thus making changes inalignments to reduce impact on the properties.

Compensation options Compensation options which were presented to PAPs during publicconsultations included:

In-kind (land for land; residential or business structure for residentialor business structure); and

Direct cash payment options.

Compensation ofcommunity assets

Community compensation will be in kind for the community as a whole in theform of reconstruction of facility to at least the same standard or better tothat being removed to give way to project (e.g. schools). Alternatively, thiscan be left to the communities and village leaders to rebuild in which casecash compensation can be provided under the project.

Removal of graves Removal of Graves will be made in the absence of any other option (egrealignment) according to the existing laws Tanzania Laws (GravesRemoval Act No 9 of 1969).

Assistance to vulnerablepeople

The major forms of vulnerability in the road impact area are old age andhealth and physical disabilities. Health and physical disabilities includeterminal illness, paralysis etc. Although 13% of the households are femaleheaded their income levels are not that low.

Vulnerable PAPS

S/N Type of Vulnerability No of PAPS

1 Elderly Persons 110

2 Health and Physical Disabilities 18

3 Poor Female Headed Households 2

4 Total 130

2.4 Mitigation Measures for Negative Impacts

S/N Impact MitigationMeasures

ImplementingAuthorities

1 Increased negativeimpact on thelivelihoods ofvulnerable households

(eg poor female-headed households,

-Providevulnerabilityallowances

-Give priority inprime businessareas allocation to

TANROADS,LocalAuthorities,EAC, NGO,

Consultant


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disabled and elderly vulnerable groups

-Capacity Building

2. Acquisition of property -timelycompensation andallowance

TANROADS,GovernmentAuthorities,Consultant

inability to findequally productivearea

local authorities toassist in findingproductive areas

localgovernmentauthorities

inability to find primebusiness areas

local authorities tohelp PAPS findprime businesssites


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CHAPTER 3: ORGANIZATIONAL RESPONSIBILITY


3.1 Organisations and institutions involved

A number of organizations and institutions will be involved with RAPimplementation processes at different levels and times. However, the overallcoordination of RAP activities will be under TANROADS and otherinstitutions and organizations that have the legal obligations to carry outfunctions related to resettlement and/or compensation including variouslocal authorities. These include:

TANROADS will implement RAP

TANROADS to support sensitization of stakeholders on RAP,preparation of monitoring of RAP;

Local Government Authorities to sensitize communities on RAP,provide technical support in preparation of RAP, screen andappraise and monitor the implementation of RAP;

Communities, Villages, Wards, affected groups - as the final ownerof land, landed properties and assets to be acquired or affected willbe the participants and responsible for the implementation of theRAPs. The local level authorities will support practical day-to-dayimplementation of the resettlement activities, including thedisbursement of compensation funds;

TANROADS shall have the overall responsibility for the oversight ofimplementation of the RAP and providing enabling environment forthe same;

Independent NGOs and other stakeholders may be engaged towitness the fairness and appropriateness of the whole process. TheNGO will be involved in the monitoring of the resettlement process,

establishing direct communication with the affected population,community leaders, TANROADS to facilitate the completion of RAP;

TANROADS shall set up Resettlement Committee comprising of keyMinistries and a local NGO involved in human rights.

External Audits shall include the evaluation of the implementation of theresettlement action plans in routine annual audits. Without unduerestrictions, the audits may include assessment of:

Resettlement conditions where relevant;

Consultation on compensation options, process and procedures;

Adequacy of compensation; and

Adequacy of specific measures targeting vulnerable people.


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3.2 Creation of dedicated committees

It is recommended that three subcommittees be formed to deal with andmanage the following components of the RAP process:

Resettlement committee

Compensation committee

Grievances Redress committee.

Their responsibilities and their constitution are outlined in the table below.

Table 3.1: Committees and Responsibilities for RAP Implementation

Unit Responsibilities Members

Resettlement

Committee

- Oversight management and

coordination of RAPimplementation activities andteams

- Liaison with municipalities, districts,government agencies and otherstakeholders

- Review of periodic progress reportin accordance with RAP guidelines

- Regional Commissioner (Chair)

- District Commissioner

- Representative of TANROADS

- Representative of Ministry of Lands

- Consultant

- Representative of a local NGO

- Representative of PAPs

CompensationCommittee

- Coordinate management ofcompensation process

- Ensure compensation is consistent

with RAP guidelines

- District Commissioner (Chair)



- Consultant

- Valuer


GrievancesRedressCommittee

- Address entitlement issues andother disputes and concernsamong PAPs and otherstakeholders

- Advice PAPs and otherstakeholders on redressmechanisms which cannot be

resolved

- Refer unresolved disputes to CSC

- Liaise with other authorities andResettlement Committee

- District Commissioner (Chair)



- Valuer


- Representative of a local NGO


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CHAPTER 4: COMMUNITY PARTICIPATION

4.2 Stakeholder Consultation

The following stakeholders were consulted.

Authorities- Arusha Municipal Authorities and its variousdepartments; District Councils; Ward Councils and Villagegovernments

Stakeholder participation for this project was conducted in 2 stages:

o Stage 1: Detailed Interviews with all individual ward andvillage leaders (immediate road impact areas)

o Stage 2: 6 public consultation meetings were held withPAPs. The public consultation meetings were conductedonly in the bypass section of the road. On the dualcarriageway only interviews were conducted as there wereonly few PAPS.

The consultation process followed the standard procedures for the socialimpact assessment studies including provision of required letters ofintroduction and physical visits to make appointments based on the

convenience of the stakeholders and consultants. In collaboration withcommunity leaders, central locations were identified for the meeting venues.

During the meetings the consultants introduced the proposed projects andexplained in detail the purpose and objectives of the meetings as well as theSIA and RAP process, and the governing legislations. The consultantsfurther explained their requirements and expectations of the meetings. Afterbriefing the public about the proposed project, participants were then givenopportunities to air their views and opinions concerning the project, withregard to social issues, which are of concern to them. In all cases themeetings whether with authorities or the general public were participatory innature.

During the public meetings, the leaders were requested to ensure

vulnerable groups such as women; people with disabilities were encouragedto participate. To ensure that these groups participate in meetings, advancenotices (through letters) of two to three days were sent to ward and villageleaders asking them to inform the communities, including disabled, women,aged people and youth to the meeting. While the consultant mainlymoderated the discussions and clarified some of the issues the discussionsin these meetings were dominated PAPs and local leaders chaired themeetings. The meetings were very interactive. There were no limits toissues PAPs raised.


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CHAPTER 4: COMMUNITY PARTICIPAT


4.3 Findings

The findings from the stakeholder consultation exercise are presented in the table below. In each case the responses provided by the consultant are given tsummary of the questions asked be the participants. Key (or recurring) questions are elaborated further in section 4.4 of this report. Where these are consideuseful the consultant has added a number of specific recommendations (in bold).

Table 4.1: Public Consultation Matrix

S/N KEY DATA QUESTIONS ASKED/COMMENTS/RECOMMENDATIONS RESPONSES

1 DATE:27/2/2012-PLACE:

OLASITI

PARTICIPANTS: 116

Q1. Do you think the compensation that will be given to us

will make our lives better?

Q2.a) Who are the financiers of the project?b) If the head of the household dies who will becompensated?c) How long will it take for the compensation process to becompleted?

QN3.When will the compensation be paid because costs ofproperties, building materials is ever increasing and delaysin compensation will have negative impact on the part ofthose affected

Q4. How about the compensation of lost time, will it be

considered?

Q5. How about the loan we borrowed from the bank forbuilding our houses and we have just suspendedconstruction. Will this be considered too?

Q6. What about properties of affected persons who were notthere when the census survey was conducted?

1. Yes, because everyone will be compensated on the value

of his/her assets and moreover, on the current value of theassets today and will receive some allowances.

2. The United Republic of Tanzania.b) The compensation will be done according to Tanzanianlaw relating to inheritance upon death.c) Soon as the report is done and before starting the project.Generally when all the procedures are completed. The law isthat compensation should be effected within 6 months ofvaluation

3. The compensation of the assets will be based on thecurrent value of the property.

4. Lost time will not be considered

5. The payment will only be on the assets built by the loanand the ones affected by the project and not repaying theloan.

6. The census survey on the affected assets will be doneagain by the professionals responsible.


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Q7. Will there be a compensation for the house that is awayfrom the beacons?

QN8. What if the half of my house is affected by the project?Will I be compensated the whole house

QN9. What if the house was built when the cost of buildingmaterials was higher than the current cost?

QN10. Will affected persons be paid for the meetings they

have attended including this one?

QN11. The valuation survey procedures were not proper, forinstance some of the pictures taken were not of the realowners of the assets. So how will they be a helped?

QN12. How about the compensation on others things suchas plants, fence etc

7. There won’t be any compensation unless otherwise it isdamaged during construction.

8. The whole house will be compensated.

9. The valuation will be based on the current value of anasset.

10. No payment will be made.

11. The local government officials normally participate in thevaluation exercises and these should know the true ownersof the affected properties

12. All affected properties will be compensated according tolaw.

2 DATE: 28/2/2012

PLACE: TERAT

PARTICIPANTS: 41

Q1.What will happen to properties that have not beenvalued?

QN2. Individuals were not informed in time about thevaluation exercise so as they can give right information ontheir properties, So how can I know my trees were countedand will be compensated accordingly?

QN3. Will our views, problems be taken to the responsiblepeople and be addressed on time?

QN4. Will the government be able to compensate them inkind like building them new houses?

QN5. The project is affecting much of agricultural land. Ifcash compensation is paid, where can I get another

1. The appropriate procedures on compensating propertieslike trees, fences will be followed. For fences compensationis not counting individual trees rather measurements aredone in meters.

2. Trees and other properties including crops will becompensated. The valuation exercise will be repeatedseveral times to ensure that every affected person iscompensated accordingly. The project is meant to improvethe well-being of the community and its people.

3. Yes your views, problems will be taken on board and intime grievances redress mechanism will be instituted.

4. For the residential structures, the affected persons canchoose either cash compensation or a new building.

5. Views will be taken on board to see on the possibility ofrelocation to fertile agricultural land.


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agricultural land?

QN7. The whole procedure is not that open and transparentto the community. What makes the compensation process totake a long time?

QN8. Can anything be done on the little piece of land leftout? i.e. a large proportion of land has been acquired by the

project and remaining piece of land is of no economic value

QN9. As a facilitator, what will you do so that compensationis paid on time?

Recommendations:

1. Community members to be given fertile land rather thancash because they won’t get arable land for agriculture.

2. Affected persons want compensation be paid soon assome of the affected persons have borrowed moneyfrom Banks and would like to repay

7. The procedure is supposed to be open and transparentand at the end you will be provided with all information aboutyour properties and their values. You will have the choice toaccept or reject the valuation and grievances redressmechanism will be in place.

8. Consider other uses of the piece of land don’t focus onlyon agriculture.

9. The report will state clearly on the negative shortcomingsof the project to the community and hence we will advisethem on importance of compensating you on t ime.

3 DATE 29/2/2012

PLACE: ENGUTOTO

PARTICIPANTS: 8

QN1. How will our properties be compensated are we goingto be compensated in kind?

QN2. Do you think the information on the project was

delivered in time to affected persons? Villagers just foundbeacons set at their places, was that not misuse of power orsome kind of dictatorship?

QN3. We don’t know anything about the road project? So willthey write us letters to be informed on it again?

QN4. Will they compensate the wall alongside the roadproject?

1. The compensation will depend on the current value of theproperty and if it is a house then you can decide either to begiven cash or (be provided with) a new house.

2. The information was given to Ward leaders and officers.

Letters were also sent in advance to affected persons

3. Yes. The letters will be written by the Ward ExecutiveOfficer so as to have relevant information.

4. Yes you will be compensated if it is affected.


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QN5. When will the project begin?

ON 6. Relocation of families to their new places will be ofgreat disturbances? Will they be compensated for that?

QN7. What will I do with ten meters left from my land (therest has been acquired)?

QN8. Will the valuers come and discuss with us on ourproperties?

QN9. Who is responsible in compensating our properties?

QN.10. What do other people say on this project?

Recommendations:

1. Relevant information to be channelled to ward,village executives, so that we can easily access it.

2. Let PAPs be informed of every step that will betaking place so that they can vacate theirhomes/properties/land on time.

3. Compensation be done on time, so that PAPs cancontinue with their development activities.

4. Affected persons need be informed in time.

5. Cannot confirm the date at this point but once the reportis approved you will get the information.

6. The compensation will be on houses, propertiesdemolished and disturbances and other allowances will bepaid.7. The whole house that is in project area will becompensated and if it is affected by project and nototherwise. You can be creative and think of alternative ways

of using that piece of land8. Yes. They will come and discuss with you on the value ofyour assets and give you a form that you will need to sign ifyou agree with the values of not.9. The government

10. Most of the people so far suggested that thecompensation to be done in time and be adequate.

4 DATE: 1/3/2012

PLACE:MLANGARINI

PARTICIPANTS: 31

QN 1. How will our properties be compensated?

QN 2. Can my sisal be compensated?

1. The compensation will depend on the current value of theproperty and if it’s a house then you can decide either to begiven cash or a new house.

2. If the sisal plants are used as the fence then thecompensation will be done by running meters meaningmeasurements in meters and if as a crop then thecompensation will be done as other crops.


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QN3. Can’t I know the value of my properties at this stage?

QN4. We have accepted the project but: will theycompensate us on time? Will the valuer meet every affectedperson?

QN5. Are their any specific road measurements?

QN6. What does the law say on the time of compensation ofthe property once valuation process is already carried out?

QN7. We have some experience with compensation oncethe Military acquired some land from villagers and valuationwas carried but no compensation was paid for affectedproperties to this date. How can you assure us thateverything will be okay this time?

Recommendation:

1. The contract should specifically state whencompensation will be paid. Any delays should result inre-valuation of properties

3. Perhaps not now but once that is done then you will know.

4. Yes, you will be compensated on time and valuer will laterhave to meet each affected person.

5. Yes. The road reserve as of 2007 Road Act is 60 meters,meaning 30 meters on each side.

6. The valuation is valid within six months.

7. Compensation will be paid and on time.

5 DATE: 2/3/2012

PLACE: MOSHONO

PARTICIPANTS: 26

QN1 a) Will there be compensation for any other propertythat are a result of activities carried out after the house or

piece of land has already been valued?

b) How can I be satisfied with the value of my properties thatwill be affected by the project?

QN2.Why is that when the government needs an area for theproject, it doesn’t discuss with affected people before?

1a) There won’t be any compensation for that.

b) The valuers will be here and you will discuss with themabout your properties and hence come into an agreementbefore the compensation is made.

2. The issue of the by-pass was a plan for the developmentof Arusha municipality in which the plans started earlierthrough your leaders. During the feasibility study the affected


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QN3. Can I be compensated in kind (for land), my entirelivelihood depends on this piece of land. I am planning to gettitle deed so that I can take my children to school and mywhole life depends on that?

QN4a) The sisal was not included in the valuation process.

Is it not recognized by the law in compensation process?

b) Is there any difference in compensation between longterm crops and quick maturing crops?

QN5. What will be the compensation for the house that isalong the project road?

QN6. Will the compensation be given depending on thevalue of the properties?

QN7. Will I be able to collect my properties once thecompensation is done?

persons by the project where informed. Sometimes itsdifficult to discuss with owners of the properties beforeshowing them where the road project passes.

3. The law doesn’t state clearly on the piece of land as thealternative means of compensation.

4a) If sisal is used for fencing then the valuation is on

running meters and if as a crop then it will be compensatedlike other crops.b) Yes every crop varies from the other in terms ofcompensation.

5. The compensation will be paid on the current value of thehouse.

6. Yes, that is what the law states.

7. Yes. You will be given 90 days to collect and transfer yourproperties.

6 DATE: 2/3/2012

PLACE: KIKWE

PARTICIPANTS: 54

QN 1. The beacons are already placed, so are we going tobe compensated?

QN 2.The valuation process has been done and beaconsare set already. We are told not to do any developmentactivity? So can I be allowed to continue with my normalactivities or what can I do?

QN 3. The value of the land changes and increases everynow and then. Will I be compensated depending on its

1. The construction of the road is a long process andactivities that are taking place are part of that process. Actually the compensation of the properties will be effectedonce the activities have been completed.

2. The affected persons should not vacate the place beforehe/she is compensated. This is only the beginning of thecompensation process. You are not allowed to makechanges or create new properties because the cut-off datewas the date your properties were valued.

3. For any property that will be affected by the project, itscompensation will be done depending on its current value.


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current value?

QN 4. The whole process was not done openly. Why is itthat the valuers undertook the valuation exercise withoutinforming us?

QN5. Th

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