Tanzania - Local Government Support Program Project : resettlement plan (Vol. 2 of 3) : Resettlement action plan - CIUP stage 3 report

RP260 Volume 2 Government of Tanzania SCANNED FILE COPY LAcce6ssin No. R2CP -COj 1o No: qFJ . E;P N i Date Kik,loL ILOg# AtCio -l I CC FILE (CohiphalPmrme or #)(1)iA1W ESW Colhg Adm Prc P(070)73b CIUP STAGE 3 REPORT Resettlement Action Plan Jully 2004 Community Infrastructure Upgrading Program in Dar es Salaam under LGSP Financed by the World Bank UC LAS DHV CONSULTANTS Universatv College of Lands THE NETHERLANDS and Archltectrural Studies TANZANI A iI E IrnDv  Government of Tanzania l l l CIUP STAGE 3 REPORT Resettlement Action Plan JuLly 2004 Community Infrastructure Upgrading Program in Dar es Salaam under LGSP l I Financed by the World Bank UCLAS DHV CONSULTANTS University College of Lands THE NETHERLANDS and Arcliitecttiral Studies I TANZANIA  l 3 Cornmuni-\ I1ntrastructure l'moradimng Program Table of Contents E x ecutive S um m ary ..................... .................... ............. II Acrbnivm s and Abbreviations ..................... ....................................... V 3 1 . In tro d u ctio n ..................... .................... ............................... .... I Kev sections of the RAP ...... I.-' Principles governing the CIlP planning -- minimization of resettlement ... 2 I Overall extent of unavoidable resetltmcncnt and partial impacts on property 4 1.4 Lessons learned in similar projects involving involuntary resettlement.. " .'. Pnz jProect settingy .............,,,,, ,,,.......... s I '.1 Brief description of the CIUIP ................. ................................... 8 2.2 ME1ap showing, tihe CHiP intervenitiorns .. 9 3. Community participation and establishment of local communities . . 10 I 3.1 Selecting community representatives ............................... 10 3.2 Mlechanisms for community consuRtation and participation .10 4. On-site data collection - inventory of the affected households .................. I3 I 4. 1 Household survey and questionnaires ................................. .......... 1 3 4.2 Results: Project-affected persons by category of impact .............14.......... Iii 4.3 Extent of resettlement in each of the CIUP sub-wards .......... ........... 14 I 5. Compensation for lost assets and hardship due to demolition and relocation ... 1 8 5. 1 Groups eligible for compensation ....................................... 18 5.2 Compensation categories ................................................... 18 I 5.3 Compensation packages ............................................................ 1 9 6. Asset valuation process ............................................... 8 6.1 Procedure .......................28 ........................... .8 I 6.2 Documentation, contract agreement and dossier .29 7. Proposed grievance redress mechanisms .31 8. Institutional arrangements for the R3AP .3 I 8.1 Institutional actors .32 8.2 Organizational chart ----................................................................ 33 9. Implementation schedule ............................. ... 34 10. MNonitoring of the proposed resettlement actions . .37 10.1 Application of verifiable indicators .37 10.2 Determination of the monitors and implementation of monitoring .38 I 1. Cost estimates ..................... ... ...... ....I ... ................................ 39 ANNEX 1: Itemized lists ot'affected properties and budgets in 16 sub-wards 41 ANNEX 2: Mlaps showing the affected properties in 16 sub-wards. 63 ANNEX 3: Resettlement Household Survey Questionnaires .79 ANNEX 4: Assessment of the '20.000 plot program' areas .86 ANNFEX 5: Public information meetings in the affected communities ............. 91 ANNIX 6: Community Resettlement Action Plan - Sub-ward Budgets .......... 93 I  3 Comn-um-.\ n`7astsruc:ure girading Program Executive Summary IThis RZesettlement AAction Plan (R.AP) is an input to the Community Infrastructure 'pezradinn Program (CIlP). The RAP takes into account all involuntarx resettlenment and compensation aspects that originate from the upgrading activities in the first phase of CLI JP which covers 16 unplanned settlements in the three municipalities of Dar es * Salaam. The upg,rading involves. among others, the construction of infrastructure such as access roads, drainage structures and public toilets. These construction works will 3 - necessarilv result in the demolition of existing houses and other structures. Chapter I of the document describes the procedural approach to minimize unavoidable impacts resulting from the removal of houses and resettlement. It describes the result of *Ithe technical solutions to. realize these objectives, such as flexible ROW, and appropriate standards. Efforts to minimize impacts were combined with suggestions brought forward by the community at an earlv staige in the planning of CIUP in order to * ftirther reduce the number of aff'ected HH. As a result of this consultative planning exercise the extent of resettlement in the 16 sub-wards is limited in both scope and scale. Out of the total of 320 impacted properties, 22 will require resettlement of the af'fectcdl households (4 owners t 1 8 tenants). The last section of this introductorv chapter describes the lessons learned in similar projects in Dar es Salaam involving involuritar-v resettlement. Key lessons are that community participation in decision making is essential to reduce hardship and complaints from the PAPs; customary land rights should be respected to the extent * possible; notification and compensation of tenant households is contentious but necessary. Another important lesson - followed bv the CIUP - is that the application of flexible planning- standards will result in minimal demolition of assets and hence reduced resettlement. Chapter 2 gives an account on the project setting in the framework of the Local Government Support lProgram (1LGSIP), including an overview of the demographic situation in the 16 selected sub-wards. ClCapter 3 outlines the procedures to ensure full and transparent information of the affected public and the establishment of consultation mechanisms. First, the selection process for community representatives is described, who constitute an important interface to all planning activities as well as a first hand address of affected persons to forward their concerns and aspirations with the forthcoming settlement upgrading investment. Second, the roles of the technical support team (TST) and the Community Planning Teams (CPT) are explained in view of ensuring public and household meetings to facilitate the survey and explain to the PAPs all details on resettlement (as necessary), valuation. compensation pavments, assistance and grievance resolution. Chapter 4 accounts for the household surveys and applied methodologies to obtain a 3 full picture about the impacts on individual properties and residents, including, businesses. Questioninaires are instrumental in forwarding a wide spectrum otf options and responses that were taken into account in the RAP. In particular. the PAPs were oft'ered several op[ions in case of resettlement. It has been fully explained that the Government will pay (ne%v) mark-et value replacement costs for property (land and  l 3 Coml-munit. Int(rastructure L'pgradcin Program structures. etcj to ensure that affectei househiolds can aftfo-d to either bun or build nev. residunces or replace affected structures. Out of the 5/7 affected businesses. maink smail street-\endinz kiosk s, tearooms and charcoal-sellers. 54 will be able to be re- arranme,'construct newv rooms within the affected property. Therefore. the temporary impact on local businesses will be lirnited. The chapter finally describes the extent or properties bein_ affected in each of"the 1 6 sub-vards. Chapter 5 describes the steps taken in preparing the compensation plan. First, those eligible for compensation in cash or kind are determined- i.e. affected houselholds (ownurs and tenants) rather than individuals. -The chapter then defiines the compcnsationi packages for the different categtories of impact. Each municipality has provided annjiually updated (market-oriented) standard compensation rates to pav replacement costs for land, structures and other items (graves, garden trees) Allowances to affected households are paid in cash and kind, for accommodation, disturbance, 'transport, and loss of (temporarv or permanent) profit from affected business. Vulnerable groups will receive additional allowances and assistance and the R,AP also recommends that moving assistance be provided to tenants living in the 18 properties that will be fully demolished in addition to compensation for disturbance and transt ort costs. Tenants who currently occupy rooms in properties that will onlv be partially affected will be surveyed at a date to be determined by the M/lunicipality and will also receive moving assistance to cope with 'inding temporary or domiciles and move their belongings there. Chapter 6 explains the applied methods during the valuation process (PMlav to July 2004) for valuing and entering, into negotiations and agreement with the municipal valuing team. The process by which the PAPs were informed on their rights during the compensation process are described and the means by which the affected assets and eligible persons were documented, including the establishment of a dossier that will be eentered in a querv database stored at the valuation section in each municipality were described. A monitoring database will be established to facilitate monitoring of the resettlement action plan, and will also be used to record information from the grievance redress system devised in the RAP, described in chapter 7. This section also gives an outline of the flow of information and responsibilities to address all cornplaints forwarded bv the PAPs with respect to the planned investment project in a correct and timely fashion. lChapter 8 specifies the roles and responsibilities of the institutional actors relevant for this RAP. at municipal and other levels. Kev responsibilities are attributed to the SMunicipal Council's planning and coordination department from which the CIUP coordinator operates, while the urban planning and environmental committee of the N1C scrutinizes and approves the RAP. The chapter also outlines the roles of the ward executive officer and the communit planning team working under the sub-ward chairman' s conitrol. Clhapter 9 provides the implementation schedule and the time chart for all major activities and events which are determined in this RAP. Timel planning of certain activities such as valuation, compensation agreement and payment has been scheduled to allows sufficient time for the project affected person to arrange for alternati;e housing or business premises. etc.. before actual demolition starts. As stated abovc. thc vast mnajority ot impacts on properties (298 out of 320) in the unplanned settlements are  Communit\ Infrastructure L'pgradino Program only of' small scale and temporar% nature that would allow adequate time for re- arranmement %%ithout major disruption of daily life or business ol the affected persons. T'he proposed monitoring of the resettlement actions is described in chapter 10. The nmain responsibilitv f'or overseeing this activity lies in the hands of the head of fhe plannin-g and coordination department in each municipalitv. A set of simple verifiable indicators is recommended to monitor and evaluate the success or failure irnplemllentation of the resettlement planning. The verification method will basically consist of household surveys. Community planning teams (CPT) will also be involved in conducting household survevs to assess the socio-economic situation of PAPs. The final chapter 11 provides cost estimates for compensation of the affected houses and private structures, and the costs associated with the relocation procedure. The estimates for compensation costs are based on the records provided by the househoid valuers and the survey team (records are detailed in annex 1). For-all 16 sub-wards the costs for compensation of 320 project affected households and the relocation of 150 graves amount to TSh 653.905.455. A cost breakdown is provided for the monitoring activities, amountingy to TSh 19,262,000. Together with a 5%o contingency margin, the total costs for implementing this resettlement action plan amount to estimated TSh 706,8825.718. IApart from the detailed household inventory and agreed compensation prices during the valuation process (Annex 1). other detailed information is attached to this document, such as Annex 2: 16 maps showing the individual totally or partially affected properties in each sub-ward selected by CIUP Annex 3: An English template of the household questionnaires Annex 4: An assessment of the '20.000 plot program' areas that are proposed by the GoT to new settlers Annex 5: List of public consulkation mectings Annex 6: Community Resettlement Action Plan - sub-ward budgets. l l I I l l l  3 ComnIumxL lristructn,re U'Lorading Progoram IAcronyms and Abbreviations CBEO Communlity-based or-anizations CDA CommunitN Development Association (eg at Hanna Mlassif Sub- W ard) C EMi I Comm un irt Environmental Managernent Plan CIUP Communliliity Int'Iast-Lcturrc Upgrad ing Program cCP'F ComimilluInity Planniig I' Teamn CUP Community Upgrading Plan - | E.EA Environimental Impact Assessment ESNIF Environmental and Social Managemenit Framewvork (for the LGSP) GRC Grievance Redress Committee GoT Government of Tnzan7 a HH Household LGSP Local Government Support Program N MC M91unicipal CommTittee * MD iMlunicipal Director MV Municipal Valuer NEMC >National Environmental Mtlanagement Council ( 1983) I >NGO Non-governmental organization OP Operational Policy (of WB) O & !\ Operation and :9aintenance 3 PAF project-affected Families PAP(s) project-affected person(s) PO-RALG The President's Office - Regional Administration and Land Governmenit PWC Price Waterhouse Cooper (Consultant) RAP Resettlement Action Plan RoW Right of Way * Rl'F Resettlement Policy Framework THB Tanzaniia Housing Bank TSh Tanzanian Shilling TST Technical Support Team (for CIUP) UCLAS University College of L_ands and Architectural Studies, Dar es Salaam V/NvIC ViIlage/M/ItaaCounc i te I e | ~~~WB World Banik WUDC Ward Development Comm ittee WE() Ward Executive Officer U I I I  l 3 Community Inrfrastructure Lipgradinc Pro_ram | I Introduction 3 1.1 Kev sections of the Resettlement Action Plan This document outlines a resettlement action plan (RAP) for phase I of' the Community Infrastructure Upgrading Program. The resettlement policyt framework (RPF') for the Local Government Support Program (LGSP) which provides general guidance for the development of this RAP. has been disclosed separately for public discussion. Thlis R.N\P also serves as opcrational "uidance tor similar upralding programs in Tanzania. It is a model for the second phase of CIUP- a similar RAP will be prepared for all Phase 1I communities. UThis resettlement action plan includes the following key sections: 3 - Description oftthe project setting; - Collection of technical information to identify the extent of unavoidable demolition of houses and structures, and the necessity for relocating affected 3 ffamilies or businesses, either permanently or temporarily; - Description of the nature and extent of community consultation and participation, including the establishment of sub-ward committees; * - On-site data collection by means of specific inventory of the affected households to obtain exact figures of project affected persons (PAPs) by 3 category of impact; - Development of compensation packages o'ffered for each type of impact - Description of the valuation process and the compensations given for each * property affected, itemized by asset - Implementation of grievance resolution procedures: 3 - Institutional arrangcments for payment of' comvpcnsation. allowances, assistances and monitoring; - Implementatiorn schedule; - Resettlement monitoring; - Fotal budget estimates for the RAP. Prior to valuation field survevs have been conducted to record the features, dimensions and values of all affected properties. The results of the surveys detail all I particulars of the affected people and affected assets. The records are stored together with the household questionnaires (see Annex 3) as dossiers in the municipal planning and coordination department. The proposed resettlement actions and measures will ensure: 3|a Fhe provision of timely and f`air compensation, with the ultimate goal that all project-affected persons wvould be compensated at least to restore their pre- project living standard levels; I * Compensation will include loss of non-movable assets and structures (mark-et *alue by the municipality's Chief V aluer), disturbance. vulnerability, l  3 Cornmun,it\ Infrastructure l pgrading P-o-ram accommodation. transport and loss ot profit (business) allowances. as applicable: Necessary assist-ance for relocation to all P.APs whose property , homne w-ill be totally demolished. prior to displacemenit; includinr assistance for the selection of new resettlement sites with adequate facilities: 1 1.2 Principles governing the CIUPI plannino - minimization of resettlement From the perspective of resettlement the major principle adopted for the CIUP has been to minimize the extent of demolition of existing residential and commercial structures or etffect on the structural integrity of individual properties. In this context it needs to be noted that partial demolition will be permitted under the CIUP investment project in accordance with two provisions made in the legislative framework'. In several cases the land owner and valuer have come to a mutual understanding that partial demolition of a house will be unacceptable, although it would structurally not affect the building's integritv: This procedural agreement related particularly to cases where the families claimed that the remaining property | would hardly serve as adequate homestead or, in case of small business, as basis for sustainiing the familv's livelihood. Consequently, such houses/structure would then be totally demolished and the corresponding reg,istration and compensation packages would applv. For reasons of easing and compensating for the hardship the R.AP theref'Ore has categorized any property as being totally demolished when at least 50%(