Tanzania - Accountability, Transparency and Integrity Program Project : environmental assessment

! I E1 329 l THE UNITED REPUBLIC OF TANZANIA MINISTRY OF JUSTICE AND CONSTITUTIONAL AFFAIRS TANZANIA ACCOUNTABILITY, TRANSPARENCY AND INTEGRITY PROJECT Environmental & Social Management Framework (ESMF) for the Infrastructure Development Programme Final Report _ SAMAKI CONSULTANTS Octaher 2()f)5 _ _ I F;Ly COaDn' I  TABLE OF CONTENTS TABLE OF CONTENTS ......................................................................... ii LIST OF ACRONYMS ......................................................................... iii ACKNOWLEGMENT ......................................................................... iv EXECUTIVE SUMMARY ..........................................................................v CHAPTER 1: INTRODUCTION ..........................................................................1 CHAPTER 2: PROJECT DESCRIPTION ..........................................................................2 CHAPTER 3: OBJECTIVES OF THE ENVIRONMENTAL AND SOCIAL MANAGEMENT FRAMEWORK (ESMF) ..........................................................................9 CHAPTER 4: METHODOLOGY USED TO PREPARE THE ENVIRONMENTAL AND SOCIAL MANAGEMENT FRAMEWORK (ESMF) ................................................................. 10 CHAPTER 5: OVERVIEW OF TANZANIA'S ENVIRONMENTAL POLICIES, LAWS, PROCEDURES, REGULATORY AND ADMINISTRATIVE FRAMEWORKS ......... 12 CHAPTER 6: OVERVIEW OF THE WORLD BANK'S TEN SAFEGUARD POLICIES ................. 19 CHAPTER 7: ENVIRONMENTAL AND SOCIAL IMPACTS DUE TO INFRASTRUCTURE INVESTMENTS ......................................................................... 22 CHAPTER 8: THE ENVIRONMENTAL AND SOCIAL SCREENING PROCESS ......................... 26 CHAPTER 9: ENVIRONMENTAL MANAGEMENT PLAN (EMP) FOR THE ENTIRE PROJECT 38 CHAPTER 10: RECOMMENDATIONS ......................................................................... 40 CHAPTER 11: LIST OF INDIVIDUALS/INSTITUTIONS CONTACTED ........................................ 42 REFERENCES .......................................................................... 45 ANNEX 1: ENVIRONMENTAL AND SOCIAL SCREENING FORM [SAMPLE] ............................ 46 ANNEX 2: ENVIRONMENTAL AND SOCIAL CHECK LIST ......................................................... 51 ANNEX 2 (A) ENVIRONMENTAL AND SOCIAL CHECK LIST .................................................... 51 ANNEX 2 (B): ENVIRONMENTAL GUIDELINES FOR CONTRACTORS .............................. 50 ANNEX 3: PROCEDURES FOR THE CONSTRUCTION/REHABILITATION OF INFRASTRUCTURE INVESTMENTS REQUIRING ENVIRONMENTAL WORK ........ 55 ANNEX 4: SUMMARY OF WORLD BANK SAFEGUARD POLICIES ........................................... 57 ANNEX 5: SUMMARY ENVIRONMENTAL MITIGATION PLAN (EMP) FOR THE INFRASTRUCTURE DEVELOPMENT PROGRAM; ATIP .......................................... 60 ANNEX 6: INSTITUTIONAL STRUCTURE OF PROJECT BENEFICIARY INSTITUTIONS ........ 62 ANNEX 7: DETAILED ATIP PROJECT DESCRIPTION AND TOR .............................................. 64 ii  LIST OF ACRONYMS AGC Attorney General Chambers ATIP Accountability, Transparency and Integrity Project DEC District Environmental Committees DPs Development Partners EIA Environmental Impact Assessment EMA Environmental Management Act EMO Environmental Management Officer EMP Environmental Management Plan ESIA Environmental and Social Impact Assessment ESMF Environmental and Social Management Framework GOT Government of Tanzania LGA Local Government Authority LGRP Local Government Reform programme and the LGSP Local Government Support Programme LSRP Legal Sector Reform programme MDAs Ministries, Departments and Agencies MJCA Ministry of Justice and Constitutional Affairs NEP National Environmental Policy NFGG National Framework on Good Governance NSGRP National Strategy For Growth and Reduction of Poverty PFMRP Public Financial Management Reform Programme PO-PSM President's Office - Public Service Management PSRP Public Service Reform Programme RAP Resettlement Action Plan REME Regional Environmental Management Expert RPF Resettlement Policy Framework SEA Strategic Environmental Assessment SEC Sector Environment Coordinator TASAF (11) Tanzania Social Action Fund (11) TRC Technical Review Committee VPO Vice President's Office WB World Bank . .  ACKNOWLEGMENT This Environmental and Social Management Framework (ESMF) report was produced for the Ministry of Justice and Constitution Affairs, the Judiciary and President Office - Public Service Management. A team of consultants participated in the preparation of this framework document under the auspices of SAMAKI CONSULTANTS Ltd: Ms. Saada K. Juma (Team Leader) and Mr. Bashiru Abdul both from AGENDA for Environment and Responsible Development', and Dr. Mathew Richmond of Samaki Consultants Ltd2. Acknowledged are the contributions from several government officials especially from Ms. C. Mdundo and Mr. D. Jairo from the MJCA and Mr A. Mwangwale and Mr. A. Mhina from PO-PSM. This document is a product of a broad range of stakeholders that were consulted. Special thanks goes to the Dodoma High Court Center Judge-in-Charge, Hon. Judge S.S. Kaijage; the, Judge-in-Charge Mbeya High Court Center, Hon Judge J.M. Mackanja, Senior Deputy Registrar Court of Appeal of Tanzania, Ms. S. Wambura; Registrar High Court of Tanzania, Mr. A. A. Shayo and the Directors of District and Primary Courts. Further, invaluable cooperation and assistance are acknowledged for the District Registrars and Resident Magistrates-in-Charge as well as various District and Primary Court Magistrates and Registry Assistants and District/Municipal Council officials of Dodoma, Mwanza and Mbeya. Further more special thanks go to government officials from various MDAs in Dar es Salaam (Ministry of Lands, DOE, NEMC, TBA etc) who were met during field visits conducted in August and September 2005. Their inputs have been extensively used in the preparation of this ESMF. Acknowledgement is also given to participants of the review meeting held on 04th October 2005 at the MJCA who provided valuable contribution to this final version of the document. i'A GENDA, Tanzanian Bureau of Standards Complex (Ubungo area) P. O Box 77266 Dar es Salaam, Tel. 22 24502I3,Cell. 0744291997 Fax 25522 2450836, E-mail- cngendaguho coot- 2 Samaki Consultants Ltd, Mwaya Street, Msasani P.O. Box 77143, Dar es Salaam, Mobile. + 255 748 740254 (office); 744 807931 (person), Tel/Fax: + 255 (0) 22 2137277 (office); Email: stirntaki-inloaa;hlotnzatl.com iv  EXECUTIVE SUMMARY In order to meet the objectives of the National Strategy for Growth and Reduction of Poverty (NSGRP) 2005 - 2010 for improved public service delivery and good governance, and in order to support the implementation of Tanzania's Strategic Framework for Good Governance (NFGG) as well as on-going reforms in public administration and services, the Government of Tanzania and the World Bank, in collaboration with other Development Partners are preparing a credit - the Accountability, Transparency and Integrity Project (ATIP) with a view of promoting good governance in the country. The ATIP credit will support four components designed to strengthen the legal and judicial system, public oversight and watchdog institutions and to enhance public financial accountability and program management and coordination. The overall objective of the ATIP is to improve outcomes and impacts of development programs on the poor by enhancing the quality of governance. On the overall ATIP is designed to provide to different institutions implementing the NFGG, technical assistance and other capacity building measures to improve their performance. Much of this support will be in the form of consultancies, training, dissemination of information and materials, drafting new laws and procedures, equipment, furniture, vehicles, as well as a fund to support different demand -driven interventions and some infrastructure development. The infrastructure development sub-component of ATIP will fund civil works construction costs of completely new buildings; extension and rehabilitation of existing building; and demolition of existing building and construction of new buildings for selected high priority Judiciary courts including Primary Courts; District Courts; Resident Magistrates' Courts, High Court Centers and the Court of Appeal. The project will also fund construction of completely new buildings for the Ministry of Justice and Constitutional Affairs (MJCA) headquarters and the Law School and construction of a new National Records Center for the Records and Archive Division, PO - Public Service Management (PO-PSM). Consequently, much of the infrastructure will be those under the Judiciary. To ensure that these future infrastructure development interventions are implemented in an environmentally and socially sustainable manner, ATIP has preparad an environmental and social screening process - an Environmental and Social Management Framework (ESMF) that will allow implementers - MJCA, PO-PSM and the Judiciary to identify and mitigate potential negative environmental and social impacts during the planning stage for the construction of the buildings. This ESMF presents definitive, conclusive and clear procedures consistent with the laws in Tanzania and the World Bank's safeguard policies. The ESMF outlines an environmental and social screening process which will enable the Judiciary, MJCA and PO-PSM to identify potential environmental and social impacts of construction and operation of the buildings and support structures and to address them by incorporating the relevant mitigation measures into the designs of the projects before they are implemented. v  The main feature of this mechanism requires MJCA, PO-PSM and the Judiciary to designate Sector Environment Coordinators who after training (and with assistance from District/Municipal Environmental Management Officers and NEMC) will screen the infrastructure projects at the preparation stage using the environmental and social screening form in Annex 1 and the environmental and social checklist in Annex 2 to identify and mitigate potential adverse effects/impacts. The subsequent environmental and social assessment work - if required - will be carried out based on the screening results and related recommendations. It is envisaged that the anticipated impacts from development of the buildings sub- projects to be funded by the ATIP will be short-term, site specific, confined and reversible and can be managed through the application of the mitigation and monitoring measures. Thus, a process of environmental and social screening and assessment using simple methods (checklists) and procedures (existing structures at MJCA, PO- PSM and the Judiciary) rather than more complex ElAs are recommended for this ESMF. The qualified Sector Environment Coordinators assisted by the construction consulting firm (e.g. Tanzania Building Agency) qualified in environmental and social planning and management will incorporate the identified mitigation plans/measures into the building designs and project proposals. The respective District/Municipal Environmental Management Officers and NEMC would review the design and project proposals for compliance with the results and recommendations from the environmental and social screening process and would recommend approval to the MJCA, PO-PSM and the Judiciary, subject to the environmental and social conditions these institutions must adhere to in the detailed planning, construction and operation of the investment. The District/Municipal Environmental Management Officers or NEMC may reject the infrastructure project proposals based on non-compliance with the environmental and social screening process, and the implementers in that case would have to re-screen and re-design their buildings and auxiliary structures and re-submit them for a second review. Thus, in terms of institutional arrangements, the project implementers - MJCA, PO-PSM and the Judiciary - will be responsible for overseeing the screening, preparation and implementation of individual building mitigation measures; and where applicable preparation of resettlement action plans and implementation of agreed mitigation measures according to the plans. The Sector Environment Coordinators will monitor and supervise compliance with requirements of this ESMF and report progress back to the Project Coordination Unit (PCU) at the MJCA and to the National Environment Management Council (NEMC). NEMC supported by the ATIP PCU will perform an enforcement monitoring role for the overall ATIP based on submissions and recommendations from the District/Municipal Environmental Management Officers and by the Sector Environment Coordinators (who would perform a self monitoring role). The ESMF assesses the capacity at the MJCA, the Records and Archive Division, PO - Public Service Management and at different levels of the Judiciary to implement the proposed screening process and mitigation measures. These institutions had had no previous experience with management of environmental issues related to construction/ civil works. Furthermore, the national legal framework for environmental management in Tanzania that spells out the roles and responsibilities of different government Ministries, Departments and Agencies (MDA) and other stakeholders is new: National Environmental Management Act enacted in 2004, came into force July 2005 and regulations to operationalize it are currently under preparation. Thus, the MJCA, PO- VI  PSM and Judiciary lack both the capacity to support and supervise construction work of the proposed buildings and to implement the required environmental and social screening process described above and in the monitoring of the mitigation measures. The ESMF makes recommendations as appropriate, including training needs and cost estimates. It recommends building capacity at all levels through the provision of training to staff and decision makers who will be designated the role of planning, reviewing and implementing, and monitoring the construction of the different buildings and their auxiliary structures. The role of the NEMC in the context of ATIP has been clarified to be one of providing technical assistance and as facilitator for the training program. In parallel to this ESMF, a Resettlement Policy Framework (RPF) has been prepared. This document outlines the principles and procedures to be followed in the event that the construction of completely new buildings leads to land acquisition and/or the loss of livelihoods, and therefore will be used in conjunction with the ESMF as required. Both documents will be available in Kiswahili and will be disclosed to the public prior to the appraisal of the ATIP The ESMF includes a summary of the Environmental Management Plan (EMP) under Annex 5 in order to facilitate the implementation of the ATIP infrastructure development programme. This summary EMP, is based on information pertaining to the environmental and social management of infrastructure projects provided in this ESMF, particularly capacity building for environmental management of the relevant staff within the MJCA, PO-PSM and the Judiciary. It clearly indicates the institutional responsibilities with regard to implementing mitigation measures, monitoring of the implementation of these mitigation measures and related cost estimates and time horizons. vii  CHAPTER 1 INTRODUCTION The National Strategy for Growth and Reduction of Poverty (NSGRP) 2005 - 2010 sets out the government's goals, targets and strategies for national development. The NSGRP recognizes governance issues as one of the key factors that impacts often negatively on both income and non-income poverty because bad governance costs productive time and resources in terms of time lost in pursuing denied or delayed justice. To that effect the NSGRP identifies "Good Governance and Accountability" as a major cluster of poverty reduction outcomes and sets out goals and action to address governance issues. The focus on good governance centers on effective public administration. In this context,. NSGRP framework for implementation envisages to support the on-going interventions particularly the National Framework on Good Governance, and the more specific on-going reforms including Public Service Reform Programme (PSRP), Public Financial Management Reform Programme (PFMRP), Local Government Reform programme (LGRP) and the Legal Sector Reform programme (LSRP) as measures aimed at contributing, among other things, towards improved public service delivery and good governance outcomes. In order to meet the above objectives of the NSGRP and to support the implementation of Tanzania's Strategic Framework for Good Governance (NFGG) as well as on-going reforms in public administration, the Government of Tanzania and the World Bank, in collaboration with other Development Partners are preparing a credit - the Accountability, Transparency and Integrity Project (ATIP) that will strengthen accountability, transparency and integrity with a view of promoting good governance in the country. The overall objective of the ATIP is to improve outcomes and impacts of development programs on the poor by enhancing the quality of governance. It is intended that the objective will be pursued, inter alia, through strengthening the legal and judicial system, public oversight and watchdog institutions and enhancing public financial accountability and program management and coordination with a view of promoting good governance in the country. The IDA credit will support these four components and will seek to complement other Development Partner's programs/ projects in these areas. Specifically, under the component for strengthening the legal and judicial system, ATIP will fund construction of completely new buildings for the Ministry of Justice and Constitutional Affairs (MJCA), the Law School and the National Records Center for the President's Office - Public Service Management (PO-PSM). The project will also fund construction of different courts for the Judiciary involving completely new buildings; extension and rehabilitation of existing building; and demolition of existing building and construction of new buildings. The exact locations for construction of many of the new buildings particularly for the Judiciary are not known at this time. Thus to enable the Judiciary, MJCA, PO-PSM to identify and assess the potential environmental and social impacts of the infrastructure projects during the planning stage, an Environmental and Social Management Framework (EMSF) has been prepared for their use. They will apply the EMSF in conjunction with the Resettlement Policy Framework (RPF) which is designed to address 1  social issues related to land acquisition. The RPF has been prepared as a separate document; it outlines the principles and procedures to be followed in the event that any of the infrastructure projects involves land acquisition. CHAPTER 2 PROJECT DESCRIPTION Overall ATIP Components The project is expected to have the following four components: (i) strengthening the legal and judicial systems; (ii) enhancing public financial accountability; (iii) strengthening oversight and watchdog institutions (OWls), particularly, supporting the drive to combat corruption; and (iv) improving coordination, management and monitoring and evaluation (M&E) of Government's programs aimed at enhancing transparency and integrity for greater accountability. Thus, the project will have four main components based on - and named according to these four result areas. Details of the individual components are fully described in annex 7. ATIP is designed to provide to different institutions implementing the strategic framework for good governance, technical assistance and other capacity building measures to improve their performance. Much of this support will be in the form of consultancies, training, dissemination of information and materials, drafting new laws and procedures, equipment, furniture, vehicles, as well as a fund to support different demand -driven interventions and some infrastructure development. Of relevancy to this EMSF are the infrastructure development interventions for the Judiciary and Ministry of Justice and Constitutional Affairs (MJCA under the component for strengthening the legal and judicial systems and construction of the National Records Center for PO - Public Service Management (PO-PSM) under component two. Much of the buildings supported under ATIP will be those of the Judiciary. Infrastructure Development Interventions Under ATIP The Judiciary The Judiciary is presently operating (about 90%) in buildings owned by other government departments mostly in local government buildings, while others operate from private houses, or in houses belonging to other institutions etc. Furthermore, different courts are housed within one building whereby at one High Court Zone Center you find the high court, court of appeal, RM court, and the urban district court. There are several new districts that do not have any court buildings and operate from old districts; or situations where the court building is located in a remote area with no supporting facilities. This means quite a big number of new structures will need to be constructed. These have been accorded 1st priority. Administratively, the Judiciary operates at various levels: central, zonal, regional, and district and ward level whereby each level has courts designed to handle particular types of cases. Thus, ranking of construction/rehabilitation measures for courts in the different Regions in mainland Tanzania was undertaken based on several criteria (i.e. condition of existing court buildings, remoteness of location of court buildings, ownership of 2  buildings housing the courts, number of court cases/rate of crime in a locality and cost of construction/rehabilitation) and prioritization has been assigned accordingly to enable phased implementation. With adoption of an up-scaling strategy, ultimately the project will cover the whole country. At the moment support is likely to cover construction/rehabilitation of selected high priority courts. According to the project feasibility study3, the Judiciary structures will be completely new buildings; extension and rehabilitation of existing building; and demolition of existing building and construction of new court buildings. CompletelV new buildings Under the first phase the following completely new Judiciary buildings will be constructed: 1. Court of Appeal: two winged building with one wing four storey block and second wing six-storey block to accommodate all offices of court of Appeal and chambers of Chief Justice and chambers of Judges of Court of Appeal. Estimated to cost Tsh. 4,233 mill. 2. High Court Centers: centers with more than 1,400 filed cases per year were categorized as 15 priority. The high court centers in 13 regions which require new buildings are i) Dar es Salaam, ii) Morogoro, iii) Kibaha, iv) Lindi, v) Mtwara, vi) Singida, vii) Shinyanga, viii) Dodoma, ix) Manyara, x) Kigoma, xi) Musoma, xii) Tabora and xiii) Moshi. Each center will be a three-storey block, costing Tsh. 1,812 mill. 3. Resident Magistrate (RM) Courts: the most, active resident Magistrate courts categorized as 15t priority are: i) Dar es Salaam, ii) Arusha, iii) Mwanza, iv) Moshi, v) Bukoba, vi) Mbeya, vii) Tanga, viii) Tabora, ix) Shinyanga, x) Musoma, xi) Morogoro, xii) Dodoma. The plan is to have one court per Region. Each RM Court will be a double storey building estimated to cost Tsh. 914 mill. 4. District Courts: one to two courts per District categorized as lt priority i.e. the most active areas. Each court will be a single storey building for areas with moderate court activities or a double storey building for areas with extensive court activities (see the table 1 below). Estimated cost for each court is Tsh. 250 mill. 5. Primary Courts: Urban primary courts with extensive activities will have double storey building (1,800 m2) and those with less activities will have single storey building (900 mi2). For rural areas each court will have a building of about 205 m2. Estimated cost for each court is between Tsh. 45 -75 mill. Demolition, extension and rehabilitation of existing building This ESMF is prepared to guide the project implementers on how to deal with activities of the project that may cause environmental and social impacts. Infrastructure development activities of relevancy to this ESMF are those likely to trigger safeguard policies specifically those involving construction of completely new buildings i.e. require land acquisition and construction on new sites. These have been summarized in the table 1 below. However, similar impacts could be expected from the other civil works involving demolition, extension and rehabilitation of existing buildings. In situation where the building could no longer continue to function as a court or the size is inadequate, the building will either be demolished and a completely new building erected or extensive rehabilitation will be undertaken. In such cases the Judiciary can make use of the M/s Habconsult Architects and Planner, September 2004. Technical Assistance Consultancy Services for the Feasibility Study and Pre-Contract Services for the Judiciary Infrastructure. Final Report. 3  recommendations and mitigation checklists outlined in this ESMF to deal with impacts from the rehabilitation and extension works. MJCA The MJCA is currently located within a building along the Kivukoni Front Dar es Salaam which it shares with the Ministry of Foreign Affairs and International Relations. The building is old (1957), has been designated as a Monument under the Conservator of the National Museum. The feasibility study found out that the existing office space is not sufficient to accommodate the entire Ministry requirements and that it was not technically feasible to extend the existing building to meet these requirements. The study highly recommended the construction of a completely new building for the MJCA. The building will be a three storey block (3784 m2), located in Dar es Salaam and estimated to cost Tsh. 2.5 bill. Law School This will constitute several buildings, located in Dar es Salaam, all estimated to cost US$ 7,583,226. National Records Center Division of Records and Archives Management of PO-Public Service Management currently operates a temporary Record Centre in Dar es Salaam. In line with on-going decongestion and sorting of records of the Ministries, Departments and Agencies (MDAs), the government is planning to construct a new National Records Center in Dodoma in order to deal with semi-current records of the URT and provide ready access to the records. The building will be a double storey storage block estimated to cost Tsh. 2.5 bill. Table 1: Summary of New Infrastructure Under the ATIP Beneficiary New structure Number, cost and feature of Location Institution structures Ministry of Justice MJCA - 1 Dar es Salaam and Constitutional headquarters - Three storey block (3784 m2) Affair - Cost - Tsh. 2.5 bill. Law School - Several buildings Dar es Salaam - US$ 7,583,226 PO - Public Service National Records - Double storey storage block Dodoma Management Center - Tsh. 2.5 bill. Judiciary Court of Appeal - 1 Dar es Salaam - Cost = Tsh. 4,233 mill - Three storey block (for Chambers for Chief Justice and Judges of Court of Appeal High Court Centers - 13 Dar es Salaam, Morogoro, Kibaha, - Three storey block Lindi, Mtwara, Singida, Shinyanga, - Cost of each = Tsh. 1,812 mill Dodoma, Manyara, Kigoma, Musoma, Tabora & Moshi * - Rehabilitation Mbeya and Songea RM's Courts - 1 per Region; Dar es Salaam, Arusha, Mwanza, - Double storey building Moshi, Bukoba, Mbeya, Tanga, - Cost of each = Tsh. 914 mill Tabora, Shinyanga, Musoma, Morogoro, Dodoma.** 4  District Courts T 1 - 2 per District; Ilala, Temeke, iKinondoni, Kibaha, - Cost of each = Tsh. 250 mill. Bagamoyo, Kilombero, Kilosa, Single storey building (areas Rombo, Hai, Mwanga, Same, with moderate court activities) Tanga, Mheza, Lushoto, Dodoma, and double storey building Arusha, Tarime, Serengeti, (areas with extensive court Bunda, Sengerema, Geita, activities) Mwanza, Tabora, Nzega, Igunga, Babati, Morogoro Mjini, & Mfundi.*** Primary Courts - 1 per Division; All Divisions*** - Cost of each = Tsh. 45 -75 mill. 205 m2 building for rural court; single storey building (900 m2) for urban courts with moderate activities; double storey building (1,800 m2) for urban courts with extensive activities **$1t priority = centers with more than 1,400 filed cases per year. 1St priority = RMs courts in the most active areas s'*1St priority = The most active District courts which qualify for double storey building l't priority = all primary courts in the District headquarters Key Aspects in the Infrastructure Development Land acquisition processes Presently, the three beneficiary institutions are at different levels in the process of acquiring land for construction of the proposed buildings. MJCA and PO-PSM The MJCA has been allocated plots within the city of Dar es Salaam by the Ministry of Works for construction of the new MJCA headquarter and the Law School. MJCA has submitted applications to the Ministry of Lands and Human Settlements Development for changes in land use/rights of occupancy from previous planned use/ownership. Following procedures prescribed by the Land Acquisition Act 1967, the MJCA will subsequently be offered a "Letter of Allocation" which is the usual official document that bestows rights of occupancy to government-owned buildings instead of a Title Deed. Similarly the PO-PSM through its Division of Records and Archives Management has been allocated a plot by the Capital Development Authority (CDA) for construction of the new National Records Centre within the Dodoma Municipality. CDA possess an overall Statutory Right of Occupancy and holds a Title Deed with 99 years of Tenure that cover over 30 km radius from the Dodoma Municipal center. Subsequently, CDA will issue a Sub-Title Deed to the PO-PSM. Judiciarv The Judiciary has been allocated a plot within the city of Dar es Salaam by the Ministry of Works for construction of the new Court of Appeal. Presently, courts are regarded as government buildings thus the Judiciary is in the processes of obtaining the Letter of Allocation from the Ministry of Lands and Human Settlements Development. As stated above, the Judiciary is presently operafing mostly in buildings owned by other government departments or by private individuals and institutions. In other cases different courts are housed within one building. In areas visited - zonal, RMs, district, and primary courts, the Judiciary does not own land for construction of new courts and 5  previous allocations from Land Offices were not considered/pursued. Thus following a directive by the Chief Justice, Judiciary officials are now in the process of identifying suitable land and/or submitting applications and following-up for allocation of land/plots at the relevant District/Municipal/ Land Offices or Ward/Village Governments. Key issues for consideration in acquiring land for ATIP sub-projects. It is envisaged that the land acquisition will follow the normal procedure stipulated by the land acts and regulation detailed on page 14 -15 of this ESMF as well as processes required by the respective Local Government Councils for land acquisition by the government for construction of public buildings. Resettlement and compensation could be issues in urban areas for construction of urban district and primary courts, RM courts and high court centers. Should the acquired land involve compensation of previous occupiers or users, then the procedures of identification of affected people, valuation of land and any improvements on the land and compensation of the same will follows the provisions of the land acts and World Bank Policy as elaborated in the RPF. The government, through the MJCA will be responsible for compensating the affected people. Although plots already allocated (to MJCA for its headquarter building and Law school; to Judiciary for the Court of Appeal and to PO-PSM for the National Records Centers) did not involve resettlement/compensation of previous owners/users, in the implementation of this ESMF, it is important for the two Ministries and the Judiciary to review the processes that were followed in acquiring the plots in order to ensure that the process followed adhered to the Tanzania land laws detailed on page 14 -15 of this ESMF, WB safeguard policies, as well as the principles and procedures detailed under the RPF in the event that the construction of the new building leads to unforeseen loss of livelihoods and other impacts spelled out in the frameworks. As reiterated above, the exact locations for construction of many of the new court buildings are not known at this time. The ATIP should strive to ensure that its infrastructure projects are not built in or near sensitive natural habitats or protected areas or cultural properties and sites. Court houses that are to be demolished and new ones constructed or courts to be rehabilitated/extended are already located in urban and rural settings in or near all sorts of neighborhood. It is therefore most likely that these may impact or be impacted by existing neighboring facilities and activities. In this regard, appropriate mitigation measures (as detailed in the ESMF, Annex 2 and 3) should be carried out to off-set or eliminate any such adverse impacts. Designs for Proposed Buildings Designs for most of the proposed buildings and standard court models have already been prepared to meet the needs of the users (see table 1 above). In order to meet the requirements and recommendations of this ESMF, these designs will need to be screened and reviewed (following the steps detailed under chapter 8) by the project implementing institutions with support from the architecture firms commissioned to make the designs, consulting firms (TBA) and the National Environment Management Council as necessary. Procurement of Contractors 6  Procurement of Contractors shall be in accordance with the Government of Tanzania Public Procurement Act of 2004 and World Bank Guidelines i.e. through competitive tendering (except in a few isolated cases where limited or sole source procedure may be inevitable. In the case of Primary Courts, Community Procurement arrangements will be followed in the construction of primary courts following similar procedures used by TASAF and health reform programmes in the construction of scattered education and health centers in rural areas. Implementation of civil works There are no specialized units within the central ministries (MJCA and PO-PSM) that are responsible for management and supervision of construction work for the MJCA hq, Law School , or National Records Center. Similarly, the Judiciary lack supportive administrative/management arrangements at all levels for implementation of the civil works (i.e. for Court of Appeal, High Courts Centers, RMs' Courts, District Courts, and Primary Courts). Thus, the implementing institutions will need to delegate some of the tasks and responsibilities to the relevant national agencies and the private sector. Implementation of civil works will be undertaken by Contractors and this is envisaged to follow three concepts