Tanzania - Central Transport Corridor Roads Project : resettlement plan

THE UNITED REPUBLIC OF TANZANIA ~RP1 68 MINISTRY OF WORKS TANZANIA NATIONAL ROADS AGENCY - TANROADS Review and Update of Feasibility Study and Detailed Design of Singida-Shelui Road Section Phase II Detailed Engineering Design - . . FINAL REPORT - ~. ~ Or ~) uiJCr GRiTF3J cig ?- Annex 8 - ENVINRONMENTAL IMPACT ASSESSMVENT (EIA), SOCIAL IMPA CT ASSESSMVENT (SIA) & RESETTLEMENT A CTION PLAN(RAP) ENVINR ONMENTAL IMPA CT A SSESSMENT (EIA), SOCIAL IMPACTASSESSMENT (SIA)& RESETTLEMENTA CTION PLAN (RAP) AS AMMENDED BY TANROADS TECHNIPLAN Rome and Dar es Salaam, May 2003 FILE COPY  I  Singida Shelui Road: Detailed Engineering Design Final Report: Annex 8 - EIA, SIA & RIA Part 3 PART 3 RESETTLEMENT IMPACT ASSESSMENT (RIA) & RESETTLEMENT ACTION PLAN (RAP) Annex 8-Part3 Annex 8 - 51 Techniplan  Singida Shelui Road: Detailed Engineering Design Final Report: Annex 8 - EIA, SIA & RIA Part 3 9. RESSETTLEMENT IMPACT ASSESSEMENT & RESETTLEMENT ACTION PLAN 9.1 Project Description in Relation to Resettlement The road influence area is characterized by four types of urban and rural settlements as reviewed below: i. Remote Village Areas ii. Village Areas Crossed by the Road iii. Trade Centers iv. Urban Areas, 9.1.1 Remote Village Areas. The rural territory - which covers 96% of Singida Region - is divided among 236 Administrative Village Areas (A VA). The AVA are the smallest territorial units, at the bottom level of the administrative hierarchy.' The Regional Government, with foreign aid, is mapping their boundaries. The AVA have an average surface of 210 sq km with 3,600 inhabitants, two-thirds farmers, the rest semi-nomadic herdsmen, both segments sharing common lineage affiliations. In remote areas, uninfluenced by road traffic,2 most hamlets have traditional, nucleated layouts, with the homesteads built concentrically around the main meeting place, where the house of the elected Village Chairman is frequently found. No regular street grid separates the compounds. Hedges or palisades encompass the huts where the households, usually more than one, reside. Land occupancy rights are still inspired by customary law and household members take care of the tracks, the water supply and other communal facilities. Isolated homesteads are rare in the countryside, save seasonal herdsmen camps, makeshift farmring shacks and a few compounds of medicine men. Specialized buildings - stores, temples, offices - are uncommon, except primary schools, located a mile or so from the nearest hamlet and serving more than one AVA. As traditional hamlets lie far from the road, their land tenure system will hardly be affected by the project. 9.1.2 Village Areas traversed by the project road. Singida -Shelui Road splits 10 AVA, covering a total surface of 2,500 sq km, with some 40,000 inhabitants. General features. Unlike traditional hamlets , the villages crossed by the project road are modem settlements, with a regular layout complying with the physical planning rules introduced by the Govemment since the 1960s. Under such rules, the village streets must be reshaped into a geometric grid on both sides of the trunk road, clear of the right of way. The elected Village Chairman is responsible for rule abidance. He allocates square plots to those who intend to build new houses. The old houses were realigned in the grid long time ago. The State owns the land but the dwellers enjoy a free occupancy right, compensated if the plot is confiscated for public utility. The built-up portions of the modem AVA are ribbon shaped, with house rows lining both sides of the highway to exploit through-fare business opportunities. The Village Areas crossed by the project road feature specialized buildings facing the road front, such as stores, bars, small hotels, eating rooms and workshops. Vendor stalls and shacks are also frequent. Village Areas are grouped in Wards (Kata), which in their turn are grouped in Districts (Wilaya) Larger villages are divided in administrative quarters and hamlets 2 The region's trunk roads connect Singida Town respectively with Manyoni. Arusha and Nzega Annex 8-Parn3 Annex 8 - 52 Techniplan  Singida Shelui Road: Detailed Engineenng Design Final Report: Annex 8 - EIA, SIA & RIA Part 3 Along the road, village dwellers are ethnically mixed and economically diversified, with immigrants from other regions. Extended families are rarer than in remote hamlets. Upgraded Village Quarters. Along Singida-Shelui road section, the Regional Government has participated to the development of some major villages, like Misigiri, Ulemo and Shelui Nselembwe, designing grid-shaped quarters served by streets, wells, markets and other amenities. The Local Government has built the urban infrastructure of these new quarters and rents out the plots for Sh 4,500 yearly to those who intend to build houses, complying with the prescribed rural-construction standards. Although Upgraded Village Quarters date back to the 1980s, half of them are still empty due to weak demand (or over-sized offer). The underdevelopment is contributed by: * People prefer the plots granted free-of-charge by the Village Chairmen, * The Regional Government lacks funds to complete the infrastructure of the planned quarters. Among the Government-sponsored Upgraded Village Quarters, only one, in Shelui Nselembwe Trade Center, is affected by the present road project (see below). 9.1.3 Trade Centers: they are a special category of settlements, founded by Arab merchants in rural Tanzania more than a century ago. Such Centers enjoy a legally-defined urban status, blending the authority of an elected Council with the customary trading prestige of the descendants of the Arab forefathers, most coming from the Sultanate of Oman. Over the years, the Trade Centers have attracted a host of incomers from Singida and other regions. Their population is in the 2,000-5,000 range, mostly made up of traders-cum-farm. The migration turnover is quite high. The District Town Planning Offices have re-designed the layout of the Trade Centers, featuring rectangular plots of a standard size (m 15 by 10), rented by the Regional Government at Sh 4,500 yearly to both the old residents and the newcomers. Numerous traders rent two or mhore contiguous plots to have a multi-compartment house. District Authorities build streets, wells, drains, latrines, markets, bus stops, postal services and other amenities. There is a primary school in each Trading Center. Singida - Shelui road section cuts across two Trading Centers, namely: Iguguno at km 22, Shelui -Nselembwe at km 86, 9.1 .4 Singida Urban Area. Singida Town rose as a Trade Center established in pre-colonial times by an Arab merchant near the ruler's headquarters of a local ethnic group. In the colonial period, the town became a major administrative center. Nowadays, Singida Urban Area covers a District surface of 310 km2, with 150,000 inhabitants. The town core extends over 15 km2 with 95,000 residents. The remaining urban administrative area is, as a matter of fact, strewn with small rural settlements. Singida - Shelui road cuts across 10 kn of Urban District land, northwestward from the present zero point until Singida Rural District border. Up to km 10, the road cuts across typical countryside landscapes, with agro-pastoral villages, hamnlets and sparse homesteads. The project will slightly affect Singida town as the right of way is quite narrow in Singida's urban outskirts - 15 m on each roadside, as prescribed by urban street regulations - few buildings encroach into the corridor. 9.2 Potential Impacts The upgrading of the road to bitumen standards requires the respect of the right of way, totaling 54.25 acres. Such right is 22.5 m on each side of the design centerline in the rural areas, for a total length of 99.427 km. For 10 km of road in Singida Urban District the right of way is 15 m on both side of the centerline. The design route will cross 12 major towns and villages. In each settlement the project will impact on current land use both within the right of way corridor and outside. It requires the relocation and compensation of both residential buildings, business or Annex 8-Part3 Annex 8 - 53 Techniplan  Singida Shelui Road: Detailed Engineering Design Final Report: Annex 8 - EIA, SIA & RIA Part 3 community service premises and farms. For this reason, some buildings belonging to the Administrative Village Areas (AVA) intersected by the road must be demolished. At Iguguno trading center: The road will be realigned. It will cross in the farmlands and residential areas. Some buildings will be demolished. The bypass around the town will not physically affect the Center. However, the center will be economically affected as local business people will miss the new traffic flow and will be obliged either to resettle closer to the new route, or to try a new chance elsewhere. It is now a matter of local policy whether the project should assist this spontaneous relocation effort, even though precedents of this kind can hardly be found in earlier environmental studies for road projects across the country. It is most likely that the settlements will move towards the new road realignment as it is not far (about lkm) from Iguguno trading center. At Shelui Nselembwe Trade Center: The project road will affect the Center physically but also slightly in business-wise: in fact, a whole row of houses and commercial premises lining the right side of the road, Tabora direction, encroaches into the right of way, but can be relocated in the immediate vicinities, possibly without 'damaging the business opportunities. The improvement of road may affect the business at Shelui trading center, as many vehicles may not stop at Shelui due to good road condition. The resettlement in the area will be contributed by road construction works including road realignment, civil works, borrow pitting activities, camp siting and detours. Aong others, the resettlement impacts resulting from this undertaking covers: - Displacing a total of 113 building structures which accommodates 52 businesses, 61 residencies, 2 offices and one mosque. However, 9 building structures are under construction. - Displacing the total farming area amount to 59.25acres.. Impact of the road project on the farmlands. The impact on the farmlands along the road will be limited. In fact: - no cultivation does encroach on the existing right of way - the realigned sections of the road will cross farmlands for a length of 5 km. - the selected borrow pits are located in thickets and other currently unfarmed areas - quarries lie far from farm plots - the new Sekenke route will run along Kinkungu river through steep, unfarmed hills. Many fallow areas are suitable for contractors' work sites, detours and waste disposal. The project road is likely to affect 59.25 acres of existing farmlands due to road realignments or borrow pit use, as summarized below: Table 9.1: Summary of the impact of the project on localfarms Areas Famreands Number of plots _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ (a c re s)_ _ _ _ _ _ _ _ _ _ _ _ _ Iguguno bypass 54.25 34 Minor realignments 3.0 10 Borrow pits 2.0 2 Total 59.2 46 Source: Consultant's field survey, August-September 2001 and Tanroadsfield survey May 2003 Annex 8-Part3 Annex 8 - 54 Techniplan  Singida Shelui Road- Detailed Engineering Design Final Report: Annex 8 - EIA, SIA & RIA Part 3 The displaced community in terms of losing their farmlands and houses will be compensated and relocated accordingly. 9.3 Objectives The main objective of this resettlement programe is to improve or at least to restore the social and economic base of those to be relocated along Singida - Shelui road. In implementing this resettlement programme Tanzania legislations and World Bank Operation Directives related to resettlement have been followed 9.4 Socio-economic Study: 9.4.1 Land use and land tenure system in the road area (a) Land use. The land use patterns of Singida Region are as summarized below: Table 9.2: Land tenure categories of Singida Region Land use type km2 % I | Farmlands (mostly annual crops) 2,600 5.4 2 Fallow and open grazing & hunting land 32,000 66.1 3 Thicket 7,500 15.5 4 Forests of various densities 6,200 12.8 _ Built-up areas 140 0.2 Total 48,440 100.0 Source: Consultant's estimates combining various statistical references andfield checks The Road Influence Area reflects, on a small scale, the broad land-use pattern of Singida Region. (b) Land tenure system. The land of Singida Region is a government property as applicable in Tanzania. The local population is entitled to occupancy rights, as defined by the Land Act of 1999 and the related secondary legislation. The existing land ownership in rural village areas along the project road is customary ownership and majority of the households in the urban area and trading centers along the project road have the Land Title Deed.. Legally, the Land Tenure System of Singida kegion is articulated in five Territorial Sub-Systems, namely: i. Village Areas: they comprise all rural territories except the Forest and Game Reserves ii. Trade Centers: as part of urban land use, they include built-up areas and small outskirts iii. Urban Areas: they are three, engulfing the district town centers and their rural outskirts iv. Forest Reserve in Sekenke escarpment v. Game Reserve in Wembere lowlands The use of farmlands, rangelands, forests and other natural resources is regulated within the framework of the five Territorial Tenure Sub-Systems, whose features are profiled in the table below and reviewed in the subsequent descriptions. Annex 8-Part3 Annex 8 - 55 Techniplan  Singida Shelui Road: Detailed Engineering Design Final Report: Annex 8 - EIA, SIA & RIA Part 3 Table 9.3: Land tenure sub-systems of Singida Region Area Sub-systems No. % of Description kM2 Region's 1. Village Areas 236 47,050 95.60 Basic Territorial Units 2. Trade Centers 5 25 0.01 Iguguno, Shelui Nselembwe and I__ _ _ others 3. Urban Areas (1) 4 410 1.00 Singida Town and three other District Townships 4. Forest Reserves 1 1,800 3.65 Sekenke 5. Game Reserves 1 60 0.12 Wembere Total 49,345 100.00 4 Districts (3 of them in the road _____ _____ _____ _____ ___ _ _____ _ ___ ___ I influence area) (1) Including the rural outskirts of the District Towns The road influence area covers some 20,000 km2 within Singida Region, of which about 18,300 belong to Village Areas, 310 to Urban Areas, 5 to Trade Centers and 1,860 to Forest and Game Reserves. (c) Hunting regime. All rural territories except built-up areas and Forest and Game Reserves have the status of "Open Lands", where the wild animals that are unprotected by the law can be hunted freely. Hunters must pay to the Government the gazetted hunting fees. 9.4.2 Other Social Economic Issues: The population and other social issues were reviewed as indicated in-Appendix C, D, E, F and G of this Annex. 9.5 Legal Framework 9.5.1 Applicable rules. The Land Act and Village Land Act of 1999, Land Regulations of 2001 and the Government Standing Order on expropriation for public utility prescribe that the holders of occupancy rights on the land estates pre-empted for the works must be compensated and assisted to relocate their assets in the nearest suitable place. Most expropriation disputes in similar projects are due to disagreements on the value at which the estate and its improvements are to be compensated. The compulsory resettlement of constructions, farms and business premises must ensure at least equal compensation values, both to the legal owners and to those who have occupied the road reserve area disregarding the right of way. ' According to the law, the expropriated owner must be compensated with a price equal to the value that the "un- exhausted improvements" (buildings, infrastructure, plantations, etc.) would fetch if sold on the open market. 4 The replacement value is defined as the cost of acquiring a similar estate and putting up such improvements as those existing when evaluated. Allowance is made for age, state of repair and economic obsolescence. According to Tanzania law, the compensation should cover: i) Market value of the real property (i.e value of un-exhausted improvements and land). ii) Accommodation allowance (i.e market rent of the affected building per month multiplied by 36 months). 3Equal also apply to illegal houses built inside the road reserve area 4"Un-exhausted improvements", i e, those notffully depreciated, meani any quality pennanently attached to the land, resulting from capital or labor expenditure by the holder of a Right of Occupancy Annex 8-Part3 Annex 8 - 56 Techniplan  Singida Shelui Road: Detailed Engineering Design Final Report: Annex 8 - EIA, SIA & RIA Part 3 iii) Loss of profit allowance which is assessed by establishing Net Profit per month evidenced by audit accounts multiplied by 36 months. iv) Disturbance allowance which is calculated by the value of the land by average percentage rate of interest offered by commercial banks on 12 months fixed deposit at the time of loss of interest in land. v) Transport allowance which is actual cost of transporting 12 tons of luggage rail or road (whichever is cheaper) within 20 km from the point of displacement. 9.5.2 Real estate compensation rules. According to current applicable legislation in Tanzania, the land has a value. The land owner with either a title deed or customary ownership has to be compensated in cash for loosing the land for other development. The Government will simply provide the resettled owner with alternative land plots of the same size in the nearest suitable location for both residential and business purposes. The resettled individuals have to buy the alternative plot for resettlement. Free plots are available close to the buildings and farms that will be removed from the road reserve area. The District Council authorities, in collaboration with Wards (Kata) authorities and village chairmen, will assist the resettlement of the displaced owners as indicated in Appendix L. TANROADS in collaboration with the government valuer has identified the holders of dislocated occupancy rights and estimated the value of such rights. The District Council in collaboration with the village government will provide plots to accommodate the displaced owners. The Ministry of Finance through TANROADS will liquidate the compensation sums using project funds. 9.5.3 Farmland compensation rules. Majority of the farmlands along Singida Shelui road section belong to individuals. Some are State owned and are managed by village authorities under the supervision of the Local Government. The allocation of individual property rights at village level will be implemented as stipulated by the Land Act and Village Land Acts of 1999 which covers: o Farmers to enjoy individual occupancy rights allocated by Village Councils as well as customary land tenureship. o Farmers be legally entitled to compensation for loss of crops, grazing land or forest. O The govemment be liquidated by the project for the loss of rangelands in the borrow pits. 9.5.4 Detours and campsite: Compensation should follow the guidelines stipulated in this report.. 9.5.5 Gap analysis. The Resettlement Impact Assessment (RIA) and the Resettlement Action Plan RAP have been prepared to make it consistent with both Tanzanian law and WB OP 4.12. A 'gap analysis' has been undertaken as required by OP 4.12, in order to measure the difference between Tanzanian law and World Bank requirements, with special attention for farmland, rangeland, forests and access to other basic resources. The analysis indicates when Tanzanian law and the World Bank Operation Policy are not full in accord, the higher of the two standard will apply. This approach fully meets the requirement of the lesser standard. On the expropriation for public utility the World Bank provisions further emphasized that: - the squatters and the renters of properties and businesses must be compensated and assisted for suitable relocation - not only property but also business must be considered in compensation - the use of rangelands and forest lands are part of the economic asset base and must be compensated in case of temporary or permanent interruption - farmers must be compensated not only for lost crops but also for the loss of occupancy rights and they must be assisted to find an equal or better relocation site - the value of crops and properties must be valuated on a market basis and not imposed by bulletins attached to formal legal provisions Annex 8-Part3 . Annex 8 - 57 Techniplan  Srngida Shelui Road: Detailed Engineering Design Final Report: Annex 8 - EIA, SIA & RIA Part 3 - the use of borrow pits, quarries, camp sites and detour areas must not be negotiated between the contractors and the village authorities but must be compensated on the basis of the economic parameters defined by the Resettlement Action Plan 9.5.6 Clearance procedure for RAP. All RAP procedures will be cleared with both the Government of Tanzania and the World Bank. 9.6 Eligibility The consultant carried out a 100 percent reconnaissance of impacts. This was been carried out in August 2001. However, the consultant's report was inadequate to effectively address the resettlement issues in the project area. In May 2003, TANROADS officials and Government valuer reviewed the resettlement reconnaissance and consultants report to address among others, the comments raised by the World Bank. The reconnaissance has covered all structures and farms whether legal or illegally existing. Most of the affected properties to be displaced are located in the traditional land ownership. The project will compensate all constructions, both permanent and temporally, put up squatters within the existing right of way. The compensation has been detailed in terms of the same market value as a legal structure. The same resettlement package will be offered to regular settlers and business people and squatters. The renters and leases are eligible for assistance. The authorities will make sure that the rights of the person who uses the building are compensated in accordance with the rules set out in both Tanzanian legislation and World Bank Operation Directives. The displaced person in the project area includes the communities owning the houses, farm plots and businesses within the right of way. Two households and two farm plots are likely to be affected by borrow pitting activities though are not within the right of way. Other properties which will be considered for compensation are those which will be affected during the road construction activities particularly those resulting from detours and camp siting. Currently it is estimated that ten plots will be affected by detours. The actual relocation cost for the detours will be undertaken during road construction and will be taken care by the contractor. However, it is envisaged that the detours will be kept to minimum. The cut-off date for eligibility for relocation is May, 2003. The compensation will be implemented within 6 months after the approval of the valuation report. Thereafter, the penalty equivalent to the commercial bank rate for the fixed deposit account will be charged. 9.7 Valuation procedure and compensation for losses 9.7.1 Survey method. The road project will impact upon properties and business activities, both inside and outside the road reserve corridor. 5 After reviewing the land use patterns and land tenure systems of the project region, the RIA study has assessed the expected impacts of the project upon: i. Settlements, buildings and related business activities ii. Farmlands, rangelands an woodlands outside forest reserves iii. Forest reserves and game reserves Given the relatively soft impact of the project on land resources and real estates, the survey has adopted a 100% reconnaissance method, without the need to use any sampling technique. 5 The land use patterns and settlements along the road and in its influence area are described in Part 1,