Tanzania - Feasibility Studies and Detailed Design of The Multinational Arusha-Holili - Taveta-Voi Road - RAP Summary

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Feasibility Studies and Detailed Design of the

Multinational Arusha-Holili/ Taveta-Voi Road
Resettlement Action Plan (Tanzanian side)

Date
8/6/2012
Project reference
DTE80147T
Version
Final Draft
Informationsqualit du document
Destinataires
Pour
Copie
Nom
Service
Lawrence Kiggundu
AfDB / TTL
Nom
Service
Historique des modifications

Contrle final
Date
Nom
Signature
Version
Date
Rdig par
Contrle interne
Modifications
30/07/2012
Paul Manda
S Osare / G Patricot
Formatting and minor edits
Autresinformations
Auteur
Prof Paul MANDA
Confidentialit
Sans restriction
Date de rfrence
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)
DTE80147T/RAP
Arusha-Holili/Taveta-Voi Rd: Resettlement Action Plan (Tanzanianside)
Page ii
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 dfini.
Communicable diseases ................................................................. Erreur ! Signet non dfini.
Marital and social conflicts ............................................................. Erreur ! Signet non dfini.
Unwanted pregnancies ................................................................... Erreur ! Signet non dfini.
Risk of accidents ............................................................................. Erreur ! Signet non dfini.
Child Labor ....................................................................................... Erreur ! Signet non dfini.
Health Related Problems ................................................................ Erreur ! Signet non dfini.
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
DTE80147T/RAP
Page iii
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 dfini.
Relevance to the project ......................................................................... Erreur ! Signet non dfini.
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

DTE80147T/RAP
Page iv
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
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
DTE80147T/RAP
Page v
EXECUTIVE SUMMARY
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
DTE80147T/RAP
Arusha-Holili/Taveta-Voi Rd : Resettlement Action Plan (Tanzanianside)
Page 6of103
EXECUTIVE SUMMARY
EXECUTIVE SUMMARY
1. Description of the Project, Project Area and Area of
Influence
The Government of the United Republic of Tanzania (GOT) and the
Government of the Republic of Kenya (GOK), with the support of the East
Africa Community (EAC), intend to improve the transport infrastructure in
order to support economic development programs within the two countries,
deepen economic co-operation and foster regional integration within the
EAC.
EAC has received a grant from the African Development Bank (AfDB) to
carry out the Feasibility Studies and Engineering Detailed Design of the
Arusha Holili/Taveta Voi Road (254 Km), a regional road between
Tanzania 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 the
EAC Regional Road Network Programme, which spans from Tunduma in
Southern Tanzania to Moyale in Northern Kenya. In Kenya, it links with
Corridor No 1, which commences at the Port of Mombasa to the border town
of Malaba and on to Kigali in Rwanda.
The regional road is the most important link between Tanzania and
Kenya, with most of import and export traffic to and from Northern Tanzania
passing through the port of Mombasa. The assignment to carry out the
feasibility study and engineering detailed design was awarded to EGIS
BCEOM International Ltd. As part of the assignment, the consultant is
required 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 only
the Arusha Holili road section of the project, which is located in the United
Republic of Tanzania. A separate report has been prepared for the ESIA of
the Taveta-Voi road section of the project.
The project as originally conceived was to constitute dualling of the section
of 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 realignment
of some sections to improve geometry. The project will also involve
construction of a by-pass for through traffic to Arusha Central District
through 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 road
with infringed sight distance (sharp horizontal and vertical curves), which are
prone to accidents, accommodation of non-motorized traffic and
improvement 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 m
carriageway, 2 m shoulders. The proposed by pass and Arusha - Usa River
road sections road will have double carriageways of bituminous surfacing of
6.5 m width and 1.5 m shoulders, while the road section between Arusha
and Usa River will be of dual carriageway. All bridges (except those for dual
carriageways) will be of two lanes, with foot path (with guard rails) on both
sides. There will be road side and cross drains as required. It is anticipated
that the proposed road for the Arusha Holili section will mostly follow the
existing horizontal alignment.
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EXECUTIVE SUMMARY
Due to budget constraints, the dual carriageway section has been reviewed
to end just after Nduruma River as opposed to Usa River as originally
planned. The bypass will also be implemented through AfDB financing. The
Section between Usa River Holili, though the designs are complete, will
not be included under AfDB financing.
The pavement for the dual carriageway and the Usa River Sakina section
will 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 a
participatory approach of major stakeholders including affected communities
and project affected persons (PAPs). Data collection methods and activities
employed in the process of developing the RAP document were: review of
relevant laws and regulations and documents; community meetings and
consultations; key informants (District and Municipal Officers, Local
Authorities, among others) interviews and discussions; household and
population census surveys; focus group discussions and use of maps and
filed surveys. These mixed method approaches employed both qualitative
and quantitative data gathering techniques were found to be effective, valid
and reliable.
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EXECUTIVE SUMMARY
2. Potential Impacts
The improvement of project road entails a number of activities that will have
a bearing on the existing socio-economic sector of the road corridor and its
inhabitants. Among these activities are land acquisition and road
construction related activities.
In the RAP context improving the project road will have both positive and
negative impacts. Among positive impacts include the following:
Provision of secondary employment opportunities for the local

population, and substantial increases in income-generating activities.
This will lead to diversification of some household economies. For
example a number of people will be employed during the
construction phase across the villages. Local people will also have
the opportunity to establish small scale food service to cater for the
needs of the road construction workers
The additional work force on the road construction activities will

boost albeit in the short-term local community economy within the
road corridor
The increased income generation activities will provide especially for

women additional income which in the existing cultural context
implies improved household socio-economic statuses.
The project is anticipated to have some negative impacts which however

can be mitigated. These include:
DTE80147T/RAP
loss of property with negative impacts on the livelihoods of the

people.
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 RAP
implementation processes at different levels and times. However, the overall
coordination of RAP activities will be under TANROADS and other
institutions and organizations that have the legal obligations to carry out
functions 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 of

land, landed properties and assets to be acquired or affected will be
the participants and responsible for the implementation of the RAP.
The local level authorities will support practical day-to-day
implementation of the resettlement activities, including the
disbursement of compensation funds.
TANROADS and special departments shall have the overall

responsibility for the oversight of implementation of the RAP and
providing enabling environment for the same;
Independent NGOs and other stakeholders may be engaged to

witness the fairness and appropriateness of the whole process. The
NGO 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 undue
restrictions, 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 Dispute

Committees with responsibilities assigned. These committees shall
comprise representatives of key Ministries, the Consultants, and a local
NGO involved in human.
Internal audit process will be the responsibility of the project implementation

unit (TANROADS) and NGO. Monitoring will ensure the following:
DTE80147T/RAP
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 out
which aimed at involving the stakeholders and seek their views on various
aspects in particular the resettlement issues arising from the upgrading of
Project Road. Consultations with PAPs focused to inform them of the project
and its activities and discuss land acquisition and other physical assets at
replacement or compensation costs. Options for relocation, shifting and loss
of employment costs as per need and provision of livelihood support to
vulnerable groups were some of the other issues discussed during
consultations. Along with information dissemination the consultations also
aimed at taking peoples opinions and suggestions on project and its
benefits and impacts. It is worth noting that majority (99.6%) of sample
PAPs preferred cash compensation instead of in-kind compensation and
PAPs are not relocating in groups, rather mostly stepping back in their
respective gardens and compounds. Given this scenario there is no need to
address issues related to integration of PAPs into host communities at
alternative sites and the provision of social services in the new sites.
Suggestions given during the consultation process are being addressed

through planning and designs of roads; construction planning and
scheduling; valuation process; and resettlement action plan preparation and
implementation. Public participation and consultation took/or will continue to
take place through meetings, request for written proposals /comments, filling
in of questionnaires /forms, public readings and explanations of project
ideas and requirements, making public documents available at the District,
Town, Ward and Street/Village levels at suitable locations like the Municipal
Hall, District Council Hall, official residences /offices of local leaders. These
measures will allow enough time for responses and feedback.
Potential grievances and disputes that may arise during the course of
implementation of the resettlement and compensation programme are often
related to the following issues:
Inventory mistakes made during census survey as well as

inadequate valuation of properties;
Mistakes related to identification and disagreements on boundaries

between affected individual(s) and specifying their land parcels and
associated development;
Disagreements
compensation);
Seizure of assets without compensation;
Divorces, successor and the family issues resulting into ownership

dispute or dispute share between heirs or family;
Disputed ownership of given Assets (two or more affected

individual(s) claim on the same);
Where affected individual(s) opt for a resettlement based option,

disagreement on the resettlement package (unsuitable location of
the resettlement site); and
Problems related to the time and manner of compensation payment.
on
plot
/asset
valuation
(eg
inadequate
The grievance procedure proposed are simple, administered in the first

instance at the local level to facilitate access, flexibility and open to various
proofs taking into account the need for speedy, just and fair resolution of
DTE80147T/RAP
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EXECUTIVE SUMMARY
their grievances. If not sorted at this stage then it will be referred to councils
at village/ward, district and regional levels in the same order. Unresolved
disputes 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 to
prepare an inventory of all the affected assets and affected households and
then to estimate the extent of resettlement impacts due to project
implementation and prepare RAP for the compensation and assistance. The
initial census surveys and consultations were conducted between February
and March 2012. All affected assets and households were identified
followed by preparation of inventory of all affected assets during filed
surveys.
The surveys revealed that the PAPs are mainly small scale framers with
limited sources of income, low levels of education, and higher dependency
factor. Male-headed households are common (87%) among the PAPs
although 13% of all households are female-headed and none are childheaded. Generally the female and child-headed households indicate high
levels of poverty, and are thus likely to face greater degrees of vulnerability
because 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 were
some variations between the facilities. The surveys results also show that
women do have substantial decision making powers in matters relating to
finances, education of child, health of child, purchase of assets, day to day
activities and social functions within the households. The majority (87%) of
PAPs have more than one source of income and the main income source is
agriculture (76%) followed by self-employment /business (59%). None of the
sample households reported to be earning less than one dollar a day which
is below the poverty line.
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EXECUTIVE SUMMARY
6. Legal Framework including Mechanisms for Conflict

Resolutions and Appeals
Relevant United Republic of Tanzania laws, policies and regulations and
international 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 the
Constitution of the United Republic of Tanzania Article 24 (1). This article
stipulates that every person is entitled to own property, and has the right to
the 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 being
equal in law be established. The policy further establishes that the land has
value, and that land rights and interests of citizens owning land shall not be
taken without due process of law and with full, fair and prompt
compensation once land is acquired. In principle the Minister responsible for
land 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 and
community based development organizations to participate and co-operate
with the minister at different levels during the implementation of the policy
and 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 in
the constitutions.
According to the policy, administration of village land is vested in the village
councils. Village councils have to consent before any alienation of village
land is affected. In case of land allocations, village councils shall report to
respective village assemblies. To address the problem of multiple land
allocation, and its resultant disputes, the Commissioner for Lands, is the
delegated sole authority for administration of land.
7. Institutional Framework
implementation processes at different levels and times. The overall
coordination of the implementation of RAP activities will be under the
TANROADS and other institutions and organizations that have the legal
obligations to carry out functions related to resettlement and or
compensation. These will include the funding agency; the Consultants - who
prepared designs, conducted valuation, prepared RAP report, along with an
NGO; local governments - regional and district commissioners, land office,
communities, Ward Executive Officers (WEO); PAPs - whose assets are
affected and who will be compensated and rehabilitated. Resettlement,
compensation, and dispute resolution committees will be formed with the
representatives from various stakeholders and will assist in implementing
RAP 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) eligible
individual(s) are those whose land or other assets have been acquired
involuntarily which results in:
a)
Relocation or loss of shelter by the persons residing
in the project area;
b)
Loss of assets or involuntary restriction of access to
assets including national parks, protected areas or
natural resources; or
c)
Loss of income sources or means of livelihood as a
result of the project, whether or not the affected
persons are required to move.
Therefore AfDB policy displaced persons in the following two groups are
entitled to compensation for loss of land or other assets taken for the
project purposes:
a)
Those who have formal legal rights to land or other

assets recognized under the laws of the country.
This category will generally include people who are
physically residing at the project site and those who
will be displaced or may lose access or suffer a loss
in their livelihood as a result of the project activities;
and
b)
Those who may not have formal legal rights to land

or other assets at the time of the census but can
prove that they have a claim such as land or assets
that would be recognized under the customary laws
of the country. This category may also include
those people who may not be physically residing at
the project site or persons who may not have any
assets or direct sources of livelihood derived from
the project site, but who have spiritual and/or
ancestral ties with the land (e.g. graveyards, sacred
forests, places of worships). This category may also
include sharecroppers or tenant farmers, seasonal
migrants or nomadic families losing user rights,
depending on the countrys customary land use
rights. Additionally, where resettlers lose access to
resources such as forests, waterways, or grazing
lands, they would be provided with replacements in
kind.
A third group of displaced persons are those who have no recognizable

legal right or claim to the land they are occupying in the project area and
who do not fall in any of the two categories described above. This category
of displaced persons, will be entitled to resettlement assistance in lieu of
compensation 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 to
a cut-off date established by the borrower and acceptable to the Bank. At
the minimum, under the Banks policy (with no contradiction to the
borrowers legislation), land, housing, and infrastructure should be provided
to the adversely affected population, including indigenous groups, ethnic,
linguistic and religious minorities, and pastoralists who may have usufruct
rights to the land or other resources taken for the project. The cut-off date
DTE80147T/RAP
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EXECUTIVE SUMMARY
must clearly be communicated to the project affected population. Persons
who encroach on the project area after the cut-off date are not entitled to
any form of resettlement assistance.
The PAPs were considered irrespective of their tenure status, with respect
to land that they own, occupy or use the affected land prior to the cut-offdate. The cut-off date for eligibility to resettlement entitlements for the
th
project road was 16 March 2012 which is the last day of valuation of
properties.
Properties that are eligible for compensation are buildings, land, assets on
the land such as crops, trees etc. Local communities loosing land and or
access to assets under customary rights are eligible for compensation.
These criteria have been used to determine which PAPs are considered
eligible for compensation and other resettlement assistance, in accordance
with 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 costs
and other allowances. According to the census survey of assets all of the PAPs are property owners
of land, residential structures (with business outlets); crops; trees and plantations. The Entitlement
Matrix is given in the matrix below.
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EXECUTIVE SUMMARY
Type of Entitlement
Type of PAPs
Property Owner
Type of Loss
Loss of Land
Compensation for Loss

of Structure
-
Loss
of
structure, Compensation
residential,
or replacement
business;
standing
crops & trees
at
full

of Assets
Replace land /pay

of Income
Crops at market cost in
scarce season
Compensation at market
price
Permanent crops or trees
at market price
For lost rental income

lump some cash payment
of 6 months rent per tenant
Loss of business income
payment of half turnover
for 6 months
Residential Tenant
Loss of rental
accommodation
of -
Replacement cost of nonmovables installation was

agreed with owner
Business Tenant
Loss of rental
business premises
of -
Replacement
cost
facilities that cannot
moved
Squatters (living
site illegally)
on Loss of shelter
DTE80147T/RAP
Compensation
at
replacement
value
structure
full
for
for
be
Moving allowance
None
Actual cost of transport f

12 tons of goods by roa
20 Km

for 20 Km
Loss of business income
payment of half of turnover
for 6 months

for 20 Km
Payment in lieu of wages

while re-building
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EXECUTIVE SUMMARY
9. Valuation of and Compensation for Losses and Budget

for RAP Implementation
In total 1,066 Households and an estimated 6,396 PAPs
will be affected. Total compensation cost (including RAP
implementation costs) is estimated at Tanzania Shillings
19,405,000,000.00
Table E.1: Breakdown of the compensation costs (Millions TZ Shillings)
Road Section
Land
Values
Buildi
ng
Value
s
Cro
p
Val
ues
Distur
bance
Allowa
nce
Accomm
odation
Allowanc
e
Main alignment
1,225.75
806.8
2
9.8
1
102.12
50.76
Ring-road
8,961.36
4,775.
44
44
4.5
1
1,184.
13
205.92
Los
s of
Prof
it
Tran
sport
Allo
wan
ce
343.
80
4.08
645.
14
40.5
6
RAP
Implementation
RAP
Impleme
ntation
Costs
2,543.14
16,257.06
604.80
Total
10,187,11
5,582.
26
45
4.3
2
1,286.
25
256.68
988.
94
44.6
4
Total
Compensati
on
604.80
19,405.00
604.80
The costs and budget items for RAP implementation are: fees; transport; per
diems and office stationery for the hiring of NGO, Consultants and External
Evaluator. The proposed total budget is USD 384,000.00 (about
604,800,000.00 Tshs) to cover the four key budget items.
10. Implementation Schedule

Implementation of RAP consists of several resettlement activities. Efficient
implementation of RAP activities requires several measures to be taken
prior to start-up of implementation. These include setting up of relevant
committees. In principle project civil works may not commence until all PAPs
determined to be entitled to compensation are compensated. PAPs are to
be given 90 days after receiving compensation. The time frame suggested
of 12 months on the implementation schedule ensures that no PAP or
affected household will be displaced due to civil works activity before
compensation is paid and is undertaken when all necessary approvals have
been obtained.
DTE80147T/RAP
Page 18of103
EXECUTIVE SUMMARY
The key RAP implementation activities include surveys, PAPs identification
and inventory of assets, consultation with PAPs, valuation of affected
properties and establishment of cut-off date for eligibility, bank account
opening, 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 time
of compensation payment) provided in writing, and monitoring and
evaluation. As at the time of reporting surveys, identification of affected
assets, consultations, valuation are complete.
DTE80147T/RAP
Page 19of103
EXECUTIVE SUMMARY
Figure E.2: RAP Implementation Schedule

Task
Months of Year 2012-2013

Feb
Mar
Apr
May
Jun
Jul
Aug
Sep
Oct
Nov
Dec
Preparation and conducting of household surveys of PAPS

Identification of affected land and other assets
Consultations with PAPS and communities
1.1.1
1.1.2 1.1.3 1.1.4 1.1.5 1.1.6 1.1.7 1.1.8 1.1.9
Identification of categories of affected assets

Identification of names, addresses, ownership/use status, gender, age of
PAPs
Disclosure of affected assets and claimants
Preparation of valuation methods
Holding of public hearings to verify entitlements and proposed valuation
methods
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
1.1.10 1.1.11
Opening Bank Accounts
1.1.12 1.1.13
Certified List of names with Bank Accounts sent to TANROADS

Compensation to PAPs-payment through banks (for those getting or equal
DTE80147T/RAP
Page 20of103
1.1.14
Jan
EXECUTIVE SUMMARY
Task

Feb
Mar
Apr
May
to 400,000 Tsh)
PAPs informed by TANROADS/or consultant that funds have been
deposited into their accounts
District Administrative Secretary (DAS) prepares vouchers for payment for
PAPs getting less than TShs 400,000 to Regional Sub-Treasuries (RST)
RST prepares open checks for PAPs getting less than TShs 400,000 and
are sent back to DAS for delivery to PAPs
Consultant prepares record form for PAPs to sign upon receiving the check
Preparing relocation
Finalization of arrangements for grievances mechanisms
Land acquisition-Notice of COI clearance
Commencement of Works
Monitoring and Evaluation
DTE80147T/RAP
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Jun
Jul
Aug
Sep
Oct
Nov
Dec
Jan
EXECUTIVE SUMMARY
11. Monitoring and Evaluation

RAP implementation is one of the central components of this project and its
monitoring is critical to solve challenges or obstacles in the areas of
mobilization and compensation etc. The monitoring and evaluation
procedures will include external and internal evaluation of the compliance of
the actual implementation with objectives and methods as agreed, and
monitoring of specific situations. A set of verifiable indicators will be used to
monitor and evaluate the implementation of resettlement and compensation
plans.
Internal monitoring will be the responsibility of the project implementation
unit (TANROADS) and NGO while the Consultants may provide technical
assistance 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-annual

review of RAP implementation and project evaluation. External monitoring
and evaluation can be done by independent researcher, consulting agency,
university department or an NGO.
Evaluation of RAP implementation shall assess the compliance with
objectives and methods stated in RAP and also laws, regulations and
safeguard policies. It shall also i) assess the consultation procedures that
took place at individual and community level, together with the Central
Government and Local Government levels in the affected municipalities and
districts; ii) assess whether fair, adequate and prompt compensation has
been paid; iii) evaluate the impact of the compensation on income and
standard of living; and v) identify actions as part of the on-going monitoring
to improve the positive impact of the programme and mitigate its possible
negative impact if any. The following are the suggested reporting
requirements:
DTE80147T/RAP
The Consultants responsible for facilitating RAP implementation will

prepare monthly progress reports on resettlement progress
activities;
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 been
achieved and livelihoods have been restored and suggest suitable
recommendations for improvement.
Page 22of103
CHAPTER 1: Description of the Project, Project Area and Area of Influence
CHAPTER 1: Description of the Project, Project Area

and 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 is
currently of bitumen standard while the proposed by pass is partly earth
road/gravel, and partly non-existent. The non-existent part of the by-pass
passes through undeveloped area between Ngaramtoni and Njiro through
Engare Olmotoni and Chekereni (Mlangarini).
The Arusha Nduruma section starts off at Sakina in Arusha and ends just
after Nduruma River (km 12.8). The rest of the alignment follows the existing
bitumen road through Usa River, Bomangombe (Hai), Moshi, and Himo
before ending at Holili, the border post for Tanzania and Kenya. This section
will be packaged under different funding. The Arusha by pass starts off at
Ngaramtoni (Kibaoni area) at the junction to Tanzania Pest Research
Institute (TPRI), along Arusha Namanga road, in the outskirt of Arusha
and 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 road
with infringed sight distance (sharp horizontal and vertical curves), which are
prone to accidents, accommodation of non-motorized traffic and
improvement 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 be
widened to accommodate dual carriageway (four lanes traffic).
The proposed by pass and Arusha - Nduruma River road sections road will
have double carriageways of bituminous surfacing of 6.5 m width and 1.5 m
shoulders, while the road section between Arusha and Nduruma River will
be 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 will
be road side and cross drains as required. It is anticipated that the proposed
road for the Arusha Nduruma section will mostly follow the existing
horizontal alignment. The pavement will be of DBM base and asphalt
concrete wearing course.
1.2 Project Rationale

Transport is an important component of any economic growth and poverty
alleviation strategy. Therefore, removing constraints imposed by poor
transport infrastructure allows other economic sectors to grow. Transport in
Tanzania, like much of Africa, is dominated by road transport. Rail is only a
small 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 southern
Tanzania to Moyale in northern Kenya. In Kenya, the road links with
Corridor No. 1 at Voi which commences at the Port of Mombasa to the
DTE80147T/RAP
Page 23of103

border town of Malaba and on to Kigali in Rwanda. The regional road is the
most important link between Tanzania and Kenya, with most of import and
export traffic to and from Northern Tanzania passing through the port of
Mombasa. The road facilitates cross border trade with Kenya (through Holili)
in Rombo District. The movement of people, goods, including agricultural
produce from Arusha and Kilimanjaro.
Regions to market centres are through this road. The road is also used by
tourists 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 area
has made the road significantly busy due to the high traffic volume between
Arusha and Moshi municipalities and beyond. The increasing rates of
vehicular accidents along the road is on the increases owing to high traffic
volume along the rolling terrain of the road with infringed sight distances and
constrained bridge crossings for non-motorized traffic. Apart from improving
transport and transportation between Arusha and Voi and interconnect
areas, 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 and
Meru District Council (see location map below).
Marked in red is the Arusha Holili road. In black is the proposed Arusha
bypass while in blue is the Holili Voi section.
DTE80147T/RAP
Page 24of103
1.4 Objectives of RAP Study

The main objectives of the RAP are:
Describe the legal and instructional framework for dealing with

resettlement;
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 due
to different categories of PAPs and for different types of losses;
Describe valuation procedures used;
Describe how resettlement and or compensation entitlement will be

delivered;
Describe public consultation process and mechanisms to address

grievances and
Provide an indication of the costs involved.
1.5 Methodology
The preparation of RAP document involved various activities. These
included philosophical underpinning of the plan preparation which is the use
of a participatory approach of major stakeholders including affected
communities and PAPs.
Data collection methods and activities employed in the process of
developing the RAP document were:
Review of relevant laws and regulations and documents;
Community meetings and consultations;
Key interviews and discussions; household and population census

surveys;
Focus group discussions and use of maps and filed surveys.
These mixed method approaches employed both qualitative and quantitative

data gathering techniques. Brief descriptions of the methodologies used are
given below:
DTE80147T/RAP
Page 25of103
Review of
documents
Among reviewed documents were: Project documents; Tanzania Laws;

Policies; Administrative frameworks and African Development Bank
Policy on Involuntary Resettlement.
Socio-economic
surveys
This comprised of a detailed census/inventories with affected households as

well 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.
Public consultations
Consultations were conducted across sections of stakeholders at district,

ward, village and community levels. Among key issues raised in these
consultations also included positive and negative impacts of the project;
issues relating to compensation; resettlements; and employment
opportunities during the project implementation. The output of the meetings
and interviews was identification of major issues and impacts. A total of 10
public consultation meetings were held for all 10 wards that are along the
project road.
DTE80147T/RAP
Page 26of103
CHAPTER 2: POTENTIAL IMPACTS

The improvement of project road entails a number of activities that will have a bearing on the exisiting
socio-economic sector of the road corridor. Among these activities are land acquisition; road
construction related activities.
In the RAP context improving the project road will have both positive and negative impacts. Among
positive impacts include the following:
2.1 Positive Impacts

Employment
Opportunities
Provide secondary employment opportunities for the local population,

and increases in the number and intensity of income-generating
activities; leading to diversification of the household economies. A
number of people will be employed during the construction phase
across the villages. For example local people within the road impact
areas will have the opportunity to establish small scale food service to
cater for the needs of the road construction workers
.
Boosting of local
economy
The additional work force on the road construction activities will boost
albeit in the short-term local economy
Additional income for

women
The increased income generation activities will provide especially

women with additional income
DTE80147T/RAP
Page 27of103
2.3 Minimizing Negative Impacts

In line with the AfDBs Policy on Involuntary Resettlement (2003) on resettlement and to minimize the
resettlement, the Consultants design team, sociologists and valuers have worked jointly and in
consultation with the potentially affected people represented by their leaders thus making changes in
alignments to reduce impact on the properties.
Compensation options
Compensation options which were presented to PAPs during public

consultations included:
In-kind (land for land; residential or business structure for residential

or business structure); and
Direct cash payment options.
Compensation
community assets
of Community compensation will be in kind for the community as a whole in the
Removal of graves
Removal of Graves will be made in the absence of any other option (eg
realignment) according to the existing laws Tanzania Laws (Graves
Removal Act No 9 of 1969).
form of reconstruction of facility to at least the same standard or better to

that being removed to give way to project (e.g. schools). Alternatively, this
can be left to the communities and village leaders to rebuild in which case
cash compensation can be provided under the project.
Assistance to vulnerable The major forms of vulnerability in the road impact area are old age and
health and physical disabilities. Health and physical disabilities include
people
terminal illness, paralysis etc. Although 13% of the households are female
headed their income levels are not that low.
Vulnerable PAPS
S/N
Type of Vulnerability
No of PAPS
Elderly Persons
110
Health and Physical Disabilities
18
Poor Female Headed Households
Total
130
2.4 Mitigation Measures for Negative Impacts
DTE80147T/RAP
S/N
Impact
Mitigation
Measures
Implementing
Authorities
Increased
negative
impact
on
the
livelihoods
of
vulnerable households
(eg
poor
femaleheaded
households,
-Provide
vulnerability
allowances
TANROADS,
Local
Authorities,
EAC,
NGO,
Consultant
-Give priority in
prime
business
areas allocation to
Page 28of103

disabled and elderly
vulnerable groups
-Capacity Building
2.
DTE80147T/RAP
Acquisition of property
-timely
compensation and
allowance
TANROADS,
Government
Authorities,
Consultant
inability
equally
area
to
find
productive
local authorities to
assist in finding
productive areas
local
government
authorities
inability to find prime

business areas
local authorities to
help PAPS find
prime
business
sites
Page 29of103
CHAPTER 3: ORGANIZATIONAL RESPONSIBILITY

3.1 Organisations and institutions involved
implementation processes at different levels and times. However, the overall
coordination of RAP activities will be under TANROADS and other
functions related to resettlement and/or compensation including various
local 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 and
appraise and monitor the implementation of RAP;
Communities, Villages, Wards, affected groups - as the final owner

of land, landed properties and assets to be acquired or affected will
be the participants and responsible for the implementation of the
RAPs. The local level authorities will support practical day-to-day
implementation of the resettlement activities, including the
disbursement of compensation funds;
TANROADS shall have the overall responsibility for the oversight of

implementation of the RAP and providing enabling environment for
the same;

NGO will be involved in the monitoring of the resettlement process,
TANROADS shall set up Resettlement Committee comprising of key

Ministries and a local NGO involved in human rights.
External Audits shall include the evaluation of the implementation of the

resettlement action plans in routine annual audits. Without undue
DTE80147T/RAP
Consultation on compensation options, process and procedures;
Page 30of103
3.2 Creation of dedicated committees

It is recommended that three subcommittees be formed to deal with and
manage 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
Resettlement
Committee
Compensation
Committee
Grievances
Redress
Committee
and
RAP
and
Regional Commissioner (Chair)
District Commissioner
Representative of TANROADS
Representative of Ministry of Lands
Consultant
Representative of a local NGO
Representative of PAPs
District Commissioner (Chair)
Consultant
Valuer
Address entitlement issues and

other disputes and concerns
among
PAPs
and
other
stakeholders
District Commissioner (Chair)
Advice
PAPs
and
other
stakeholders
on
redress
mechanisms which cannot be
resolved
Valuer
Representative of a local NGO
Liaison with municipalities, districts,

government agencies and other
stakeholders
Review of periodic progress report
in accordance with RAP guidelines
Coordinate
management
compensation process
Ensure compensation is consistent

with RAP guidelines
DTE80147T/RAP
Oversight
management
coordination
of
implementation
activities
teams
Members
of
Refer unresolved disputes to CSC
Liaise with other authorities and

Resettlement Committee
Page 31of103
CHAPTER 4: COMMUNITY PARTICIPATION

4.1 Introduction
Stakeholder and public consultations are a central activity in the process of
designing resettlement action plan. The specific objectives of the
stakeholder and public consultations were to:
DTE80147T/RAP
Share fully the information about the proposed road project, its
components and activities i.e. disseminating information to the
people about the project;
Integrate views and insights of stakeholders in road design and thus

minimize potential conflicts and delays during implementation
Identify social impacts of roads upgrading from the stakeholders

perspectives
Propose mitigation measures
Increase objectivity of the report
Increase long term project sustainability and ownership
Reduce problems of institutional coordination
Initiate transparency in the resettlement action plan process
Understanding perceptions of local people towards the project and
Assess local peoples willingness to be involved in the project.
Page 32of103
4.2 Stakeholder Consultation

The following stakeholders were consulted.
Authorities- Arusha Municipal Authorities and its various

departments; District Councils; Ward Councils and Village
governments
Stakeholder participation for this project was conducted in 2 stages:

o
Stage 1: Detailed Interviews with all individual ward and

village leaders (immediate road impact areas)
Stage 2: 6 public consultation meetings were held with

PAPs. The public consultation meetings were conducted
only in the bypass section of the road. On the dual
carriageway only interviews were conducted as there were
only few PAPS.
The consultation process followed the standard procedures for the social
impact assessment studies including provision of required letters of
introduction and physical visits to make appointments based on the
convenience of the stakeholders and consultants. In collaboration with
community leaders, central locations were identified for the meeting venues.
During the meetings the consultants introduced the proposed projects and
explained in detail the purpose and objectives of the meetings as well as the
SIA and RAP process, and the governing legislations. The consultants
further explained their requirements and expectations of the meetings. After
briefing the public about the proposed project, participants were then given
opportunities to air their views and opinions concerning the project, with
regard to social issues, which are of concern to them. In all cases the
meetings whether with authorities or the general public were participatory in
nature.
During the public meetings, the leaders were requested to ensure
vulnerable groups such as women; people with disabilities were encouraged
to participate. To ensure that these groups participate in meetings, advance
notices (through letters) of two to three days were sent to ward and village
leaders asking them to inform the communities, including disabled, women,
aged people and youth to the meeting. While the consultant mainly
moderated the discussions and clarified some of the issues the discussions
in these meetings were dominated PAPs and local leaders chaired the
meetings. The meetings were very interactive. There were no limits to
issues PAPs raised.
DTE80147T/RAP
Page 33of103
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 to a
summary of the questions asked be the participants. Key (or recurring) questions are elaborated further in section 4.4 of this report. Where these are considered
useful the consultant has added a number of specific recommendations (in bold).
Table 4.1: Public Consultation Matrix
S/N
KEY DATA
DATE:
QUESTIONS ASKED/COMMENTS/RECOMMENDATIONS
Q1. Do you think the compensation that will be given to us
will make our lives better?
RESPONSES
1. Yes, because everyone will be compensated on the value
of his/her assets and moreover, on the current value of the
assets today and will receive some allowances.
Q2.a) Who are the financiers of the project?

b) If the head of the household dies who will be
compensated?
c) How long will it take for the compensation process to be
completed?
2. The United Republic of Tanzania.

b) The compensation will be done according to Tanzanian
law 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 is
that compensation should be effected within 6 months of
valuation
QN3.When will the compensation be paid because costs of

properties, building materials is ever increasing and delays
in compensation will have negative impact on the part of
those affected
3. The compensation of the assets will be based on the

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

considered?
4. Lost time will not be considered
Q5. How about the loan we borrowed from the bank for
building our houses and we have just suspended
construction. Will this be considered too?
5. The payment will only be on the assets built by the loan

and the ones affected by the project and not repaying the
loan.
Q6. What about properties of affected persons who were not

there when the census survey was conducted?
6. The census survey on the affected assets will be done

again by the professionals responsible.
27/2/2012-PLACE:
OLASITI
PARTICIPANTS: 116
DTE80147T/RAP
Page 34of103
S/N
KEY DATA
Q7. Will there be a compensation for the house that is away
from the beacons?
RESPONSES
7. There wont be any compensation unless otherwise it is
damaged during construction.
QN8. What if the half of my house is affected by the project?

Will I be compensated the whole house
8. The whole house will be compensated.
QN9. What if the house was built when the cost of building
materials was higher than the current cost?
9. The valuation will be based on the current value of an

asset.
QN10. Will affected persons be paid for the meetings they

have attended including this one?
10. No payment will be made.
QN11. The valuation survey procedures were not proper, for

instance some of the pictures taken were not of the real
owners of the assets. So how will they be a helped?
DATE: 28/2/2012
QN12. How about the compensation on others things such

as plants, fence etc
Q1.What will happen to properties that have not been
valued?
PLACE: TERAT
PARTICIPANTS: 41
DTE80147T/RAP
11. The local government officials normally participate in the

valuation exercises and these should know the true owners
of the affected properties
12. All affected properties will be compensated according to
law.
1. The appropriate procedures on compensating properties
like trees, fences will be followed. For fences compensation
is not counting individual trees rather measurements are
done in meters.
QN2. Individuals were not informed in time about the

valuation exercise so as they can give right information on
their properties, So how can I know my trees were counted
and will be compensated accordingly?
2. Trees and other properties including crops will be

compensated. The valuation exercise will be repeated
several times to ensure that every affected person is
compensated accordingly. The project is meant to improve
the well-being of the community and its people.
QN3. Will our views, problems be taken to the responsible

people and be addressed on time?
3. Yes your views, problems will be taken on board and in

time grievances redress mechanism will be instituted.
QN4. Will the government be able to compensate them in

kind like building them new houses?
4. For the residential structures, the affected persons can

choose either cash compensation or a new building.
QN5. The project is affecting much of agricultural land. If

cash compensation is paid, where can I get another
5. Views will be taken on board to see on the possibility of

relocation to fertile agricultural land.
Page 35of103
S/N
KEY DATA
agricultural land?
RESPONSES
QN7. The whole procedure is not that open and transparent

to the community. What makes the compensation process to
take a long time?
7. The procedure is supposed to be open and transparent

and at the end you will be provided with all information about
your properties and their values. You will have the choice to
accept or reject the valuation and grievances redress
mechanism will be in place.
QN8. Can anything be done on the little piece of land left

out? i.e. a large proportion of land has been acquired by the
project and remaining piece of land is of no economic value
8. Consider other uses of the piece of land dont focus only

on agriculture.
QN9. As a facilitator, what will you do so that compensation

is paid on time?
9. The report will state clearly on the negative shortcomings

of the project to the community and hence we will advise
them on importance of compensating you on time.
Recommendations:
1. Community members to be given fertile land rather than
cash because they wont get arable land for agriculture.
2. Affected persons want compensation be paid soon as
some of the affected persons have borrowed money
from Banks and would like to repay
3
DATE 29/2/2012
QN1. How will our properties be compensated are we going

to be compensated in kind?
1. The compensation will depend on the current value of the

property and if it is a house then you can decide either to be
given cash or (be provided with) a new house.
QN2. Do you think the information on the project was

delivered in time to affected persons? Villagers just found
beacons set at their places, was that not misuse of power or
some kind of dictatorship?
2. The information was given to Ward leaders and officers.

Letters were also sent in advance to affected persons
QN3. We dont know anything about the road project? So will

they write us letters to be informed on it again?
3. Yes. The letters will be written by the Ward Executive

Officer so as to have relevant information.
QN4. Will they compensate the wall alongside the road

project?
4. Yes you will be compensated if it is affected.
PLACE: ENGUTOTO
PARTICIPANTS: 8
DTE80147T/RAP
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S/N
KEY DATA
RESPONSES
QN5. When will the project begin?
5. Cannot confirm the date at this point but once the report
is approved you will get the information.
ON 6. Relocation of families to their new places will be of

great disturbances? Will they be compensated for that?
6. The compensation will be on houses, properties

demolished and disturbances and other allowances will be
paid.
7. The whole house that is in project area will be
compensated and if it is affected by project and not
otherwise. You can be creative and think of alternative ways
of using that piece of land
8. Yes. They will come and discuss with you on the value of
your assets and give you a form that you will need to sign if
you agree with the values of not.
9. The government
QN7. What will I do with ten meters left from my land (the
rest has been acquired)?
QN8. Will the valuers come and discuss with us on our

properties?
QN9. Who is responsible in compensating our properties?
QN.10. What do other people say on this project?
10. Most of the people so far suggested that the

compensation to be done in time and be adequate.
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 be
taking place so that they can vacate their
homes/properties/land on time.
3. Compensation be done on time, so that PAPs can
continue with their development activities.
4. Affected persons need be informed in time.
4
DATE: 1/3/2012
QN 1. How will our properties be compensated?
1. The compensation will depend on the current value of the

property and if its a house then you can decide either to be
given cash or a new house.
QN 2. Can my sisal be compensated?
2. If the sisal plants are used as the fence then the

compensation will be done by running meters meaning
measurements in meters and if as a crop then the
compensation will be done as other crops.
PLACE:
MLANGARINI
PARTICIPANTS: 31
DTE80147T/RAP
Page 37of103
S/N
KEY DATA
RESPONSES
QN3. Cant I know the value of my properties at this stage?
3. Perhaps not now but once that is done then you will know.
QN4. We have accepted the project but: will they

compensate us on time? Will the valuer meet every affected
person?
4. Yes, you will be compensated on time and valuer will later

have to meet each affected person.
QN5. Are their any specific road measurements?
5. Yes. The road reserve as of 2007 Road Act is 60 meters,

meaning 30 meters on each side.
QN6. What does the law say on the time of compensation of

the property once valuation process is already carried out?
6. The valuation is valid within six months.
QN7. We have some experience with compensation once

the Military acquired some land from villagers and valuation
was carried but no compensation was paid for affected
properties to this date. How can you assure us that
everything will be okay this time?
7. Compensation will be paid and on time.
Recommendation:
1. The contract should specifically state when
compensation will be paid. Any delays should result in
re-valuation of properties
5
DATE: 2/3/2012
PLACE: MOSHONO
PARTICIPANTS: 26
DTE80147T/RAP
QN1 a) Will there be compensation for any other property

that are a result of activities carried out after the house or
piece of land has already been valued?
1a) There wont be any compensation for that.
b) How can I be satisfied with the value of my properties that

will be affected by the project?
b) The valuers will be here and you will discuss with them
about your properties and hence come into an agreement
before the compensation is made.
QN2.Why is that when the government needs an area for the

project, it doesnt discuss with affected people before?
2. The issue of the by-pass was a plan for the development

of Arusha municipality in which the plans started earlier
through your leaders. During the feasibility study the affected
Page 38of103
S/N
KEY DATA
RESPONSES
persons by the project where informed. Sometimes its
difficult to discuss with owners of the properties before
showing them where the road project passes.
QN3. Can I be compensated in kind (for land), my entire

livelihood depends on this piece of land. I am planning to get
title deed so that I can take my children to school and my
whole life depends on that?
3. The law doesnt state clearly on the piece of land as the

alternative means of compensation.
QN4a) The sisal was not included in the valuation process.

Is it not recognized by the law in compensation process?
4a) If sisal is used for fencing then the valuation is on

running meters and if as a crop then it will be compensated
like other crops.
b) Yes every crop varies from the other in terms of
compensation.
b) Is there any difference in compensation

term crops and quick maturing crops?
DATE: 2/3/2012
between long
QN5. What will be the compensation for the house that is

along the project road?
5. The compensation will be paid on the current value of the

house.
QN6. Will the compensation be given depending on the

value of the properties?
6. Yes, that is what the law states.
QN7. Will I be able to collect my properties once the

compensation is done?
QN 1. The beacons are already placed, so are we going to
be compensated?
PLACE: KIKWE
PARTICIPANTS: 54
DTE80147T/RAP
7. Yes. You will be given 90 days to collect and transfer your

properties.
1. The construction of the road is a long process and
activities that are taking place are part of that process.
Actually the compensation of the properties will be effected
once the activities have been completed.
QN 2.The valuation process has been done and beacons

are set already. We are told not to do any development
activity? So can I be allowed to continue with my normal
activities or what can I do?
2. The affected persons should not vacate the place before

he/she is compensated. This is only the beginning of the
compensation process. You are not allowed to make
changes or create new properties because the cut-off date
was the date your properties were valued.
QN 3. The value of the land changes and increases every

now and then. Will I be compensated depending on its
3. For any property that will be affected by the project, its

compensation will be done depending on its current value.
Page 39of103
S/N
KEY DATA
current value?
RESPONSES
The project aims to improve the well-being of its people and
the compensation will be done depending on the current
value of the properties.
QN 4. The whole process was not done openly. Why is it

that the valuers undertook the valuation exercise without
informing us?
4. The information was sent to the village or ward offices so

that they can take the valuers to the persons affected by the
project and the properties affected by the project too. At any
rate the valuers will have to meet the real owners of the
properties before compensation is made
QN5. The right measurements known by the local

government are 15m from the main road, and now they have
added 7.5m in my area. How can I be helped by the
government? TANROADS should tell me where to go with
my children?
5. This will be sorted out and road reserve changes are

public information.
QN6. The road project has crossed my area and the

beacons had been set, however, no pictures were taken
either they have not questioned me on my properties?
6. The valuers will have another round of valuation exercise

to ensure that all properties are valued.
QN7. Do you think 3months given to vacate the place after

the compensation can be enough to start new life in other
place?
7. You will decide to be compensated in cash or in kind and

figure out what your preference is.
QN8. Some of my building material, such as timber, was not

valued and it has just lost its value: what do you say about
it?
8. This could be covered under transport allowance
Recommendations:
1. Compensation procedures to be done on time
so that PAPs can proceed with their
development activities.
2. PAPs want to receive relevant information
from TANROADS on the specific road reserve
DTE80147T/RAP
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S/N
KEY DATA
DTE80147T/RAP
measurement (which might affect their
property/land).
RESPONSES
Page 41of103
4.4 Frequently
Consultations
Asked
Questions
during
Public
Many questions were asked during public consultations as indicated in the matrix above, many
comments and recommendations were made also. These questions reflect key issues of concerns to
affected persons and communities.
Below is a sample of questions that were asked frequently in almost all public meetings. These have
been grouped in the following headings:
In-kind compensation for

structures
Who will choose the site? Can the company help me find the building site? If
I want compensation in kind at the location of my choice will that be
acceptable? What will be the size of the house to be built will I get the same
size like the one I own?
Project implementation
When will project implementation start?
Cut-off date for eligibility

for compensation
I know this project will affect me: when will I know the date when I should
stop constructing any new structure or planting crops?
Supervision of
compensation
Who will supervise compensation process, the government or this

company? How will the government address delays in compensation
payments? How will the government address fair compensation because in
the past there were cases where smaller structures have been valued
higher compared with bigger structures? How can I be assured that I will get
fair compensation?
Modality of receiving
compensation
Will compensation be paid in full and at once or in instalments?
Building materials
Will the affected persons be allowed to take their property after valuation
has been done? How can I be compensated for the cost of transport
building materials to site?
Damage caused by/

during construction
How will I be compensated for cracks that are caused by construction

activities (e.g. use of heavy construction equipment?)
Multiple owners of a
single property
How will family land be compensated when there is more than one owner?
Partial acquisition of a
structure
If a portion of the structure is affected how will I be compensated?
Road reserve width
From where is the 15m or 7.5m measured-is it from the centre of the road or
edge of the road?
DTE80147T/RAP
Page 42of103
SISAL compensation
Sisal compensation: Why was it not valued or in some case not valued
properly
Quality of land
How can I be helped to acquire an equally fertile land as this is my only

means of livelihood
Delays in compensation
Delays in compensation: Will the government re-value the properties if

compensation is not paid promptly
Openness and
transparency of
valuation process
Open and transparent valuation process: Why was the valuation of property
not done in an open and transparent manner?
Flow of information to
PAPs
Flow of information/communication: Information should be provided timely to

affected.
4.5 Grievances Redress Procedures

Introduction
Land Acquisition Act details procedures for dispute resolution with respect to
compensation. Local authorities could handle the disputes and grievances
in the first place. In summary those seeking redress will have to notify local
government and ward offices. If this fails, disputes can be referred to district
level. Resolution of disputes should be speedy, just and fair and local NGOs
that are conversant with these issues could be engaged by the project.
Potential grievance /
disputes
Potential grievances and disputes that arise during the course of

implementation of the resettlement and compensation programme are often
related to the following issues:
1. Inventory mistakes made during census survey as well as inadequate
valuation of properties;
2. Mistakes related to identification and disagreements on boundaries
between affected individual(s) and specifying their land parcels and
associated development;
3. Disagreements
compensation);
on
plot
/asset
valuation
(e.g.
inadequate
4. Seizure of assets without compensation;

5. Divorces, successor and the family issues resulting into ownership
dispute or dispute share between in heirs or family;
6. Disputed ownership of given Assets (two or more affected individual(s)
claim on the same);
7. Where affected individual(s) opt for a resettlement based option,
disagreement on the resettlement package (unsuitable location of the
resettlement site); and
8. Problems related to the time and manner of compensation payment.
DTE80147T/RAP
Page 43of103
Proposed
grievance According to the AfDB Policy the dispute settlement procedures should be
management
and sufficiently agile to resolve arguments over valuation quickly. As a result,
appropriate and accessible grievance mechanisms, through informally
redress mechanism
constituted local committees with representatives from key stakeholder

groups should be established to resolve any dispute arriving during the
compensation procedures.
Therefore the proposed mechanisms are to be affordable and accessible,
and third parties independent of the implementers should be available at the
appropriate point in the process. The grievance procedure will be simple,
administered in the first instance at the local level to facilitate access,
flexibility and open to various proofs taking into account the need for
speedy, just and fair resolution of their grievances. The process suggested
for resolving individual grievances is presented in the following table.
DTE80147T/RAP
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Table 4.2: Process of Addressing Grievances
Ste
Reporting
/Committee
PAP
shall
submit
grievance in writing to
the Ward Council/Village
Government
and
receives
an
acknowledgement from
Ward
Council/Village
Government as proof. If
the PAP is unable to
write,
the
Ward
Council/Village
Government shall record
the same on behalf of
PAP.
DTE80147T/RAP
Officer
Officer /Committee
members
Time
Frame
Redress
1.Ward
Council/Village
Government
Upon
receipt
of
grievance, the Ward
Council/Village
Government with the
help of TANROADS
shall try to resolve the
grievance amicably with
the active participation
of aggrieved party within
5 working days from the
date of file of grievance.
2. Representative of
RAP
Implementing
Agency
to
Grievance Redressed
Grievance not redressed
If the grievance is resolved

and the PAP is satisfied
with Ward Council/Village
Governments decision, a
report of the same shall be
prepared
by
ward
executive officer. A copy of
report shall be handed
over to PAP for record and
a copy to be submitted to
TANROADS for record,
case closed.
If the grievance is not

resolved, go to Step 2.
Page 45of103
Ste
Reporting
/Committee
Officer
Officer /Committee
members
Time
Frame
Redress
If PAP is not satisfied

with Step 1 decision, the
case shall be forwarded
to Ward Council with a
preliminary
report
prepared
by
ward
executive officer. The
report should have the
details of grievance,
preliminary assessment
of ward executive officer
& local government,
hearing
date
and
decision
of
local
government.
The members of this

committee shall be:
1. Members of Village
and Ward Council
2. Representative of
NGO
3.
PAP
Representative
4.Representative of
TANROADS
If PAP is not satisfied

with Step 2 decision, the
case shall be forwarded
to
Social
Services
Committee (SSC) at the
District
level.
This
committee shall function
1.
District
Commissioner
Chairman
DTE80147T/RAP
2. Member,
office
Land
to
Grievance Redressed
Upon
receipt
of
grievance, the Village
Government and Ward
Council if desired may
direct Ward Executive
Officer to collect further
information related to
grievance and submit
the same to committee
for its use while hearing
the
grievance.
The
hearing
shall
be
completed within 10
working days from the
date of case referred.
The date, time and
venue of hearing shall
be communicated to
PAP at least 5 days in
advance
by
Ward
Executive Officer.

with Village Government or
and
Ward
Council
decision, a report of the
same shall be prepared by
Ward Executive Officer. A
copy of report shall be
handover to PAP for record
and a copy to be submitted
to TANROADS for record,
case closed.

Upon
receipt
of
grievance, the GRC if
desired may direct Ward
Executive Officer to
collect
further
information related to
grievance and submit

with GRC decision, a
report of the same shall be
prepared
by
District
Administrative Secretary. A

Page 46of103
Ste
Reporting
Officer
/Committee
as Grievance Redress
Committee (GRC) at the
district
level
for
TANROADS project. The
grievance
shall
be
forwarded with all the
paper details of case till
date to SSC.
Officer /Committee
members
3. Member , Valuer
4.Member,
PAP
representative/ local
NGO
5.
Member,
/Representative
of
TANROADS
Time
Frame
to
Redress
the same to committee
for its use while hearing
the
grievance.
The
hearing
shall
be
completed within 20
working days from the
date of case referred.
The date, time and
venue of hearing shall
be communicated to
PAP at least 7 days in
advance
by
District
Administrative
Secretary.
Grievance Redressed
It is assumed that all the

cases shall be solved at
GRC level. It may be
possible that there are
cases which might still
remain unresolved at
GRC level. For such
cases, the PAP shall
have option to refer his
/her case to Regional
Secretariat
for
final
amicable solution or to
refer
the
case
to
Judiciary.
1.
Regional
Secretariat
2.
District
Commissioner
3. Member, Project
Director
/Representative
of
TANROADS
If the case is referred to

Regional
Secretariat
(RS), the details of case
file shall be submitted to
RS office and the case
shall be heard within 45
days from the date of
case referred. The PAP
shall be intimated 10
days in advance about
the date, time and
venue of the hearing.

with RSs decision, a report
of the same shall be
prepared
by
Regional
Administrative Secretary. A
case closed.

resolved, the PAP may
take
the
case
to
appropriate court.
PAP takes the case to

appropriate court.
DTE80147T/RAP

case closed.
Page 47of103
CHAPTER 5: SOCIO-ECONOMIC STUDIES

5.1 Introduction
The main objective of the census and socio-economic survey was first, to
prepare an inventory of all the affected assets and affected households.
Second, objective was to estimate the extent of resettlement impacts due to
project implementation and prepare RAP for the compensation and
assistance. The census surveys and consultations were conducted between
February and March 2012 and the census forms were administered
separately. The results of census and socio-economic surveys are analyzed
in this section.
All affected assets and households were identified and head of households
or representative was interviewed through a structured questionnaire,
followed by preparation of inventory of affected assets during census
survey. A sample of 289 affected households were identified as having
building structures mainly residential and business and land that will be
affected because of the upgrading of the project road (Table 3.1). The
sample is based on the population of PAPs that are affected by the
project. Data was gathered on variables such as socio-economic status of
households including sex; age; marital status; educational attainment levels;
occupation and income of PAPs.
5.2 Household Characteristics

5.2.1 Number of Sample Households
The sample for the socio-economic survey comprised of a total of 289

households. Table 5.1 below shows the distribution by district.
Table 5.1: Number of Affected Households by District

Name of District Council
Number
of
Households
Arusha District
52
18
Arusha City
113
39
Meru District
124
43
Total
289
100
DTE80147T/RAP
Sample
Page 48of103

5.2.2 Type of Household Headship
The survey shows that 87% of all households are male-headed households
and only 13% are female-headed. Child-headed households were not
reported in the sample as shown in the Table 5.2 below. This has significant
implications on the levels of household poverty as female and child-headed
households are often associated with high levels of poverty. The female and
child-headed households are thus likely to face greater degrees of
vulnerability because of social and economic dislocations brought about by
the project.
Table 5.2 Type of Household Headship

Name of District
Council
Male-Headed
Female-Headed
Child-Headed
Total
Arusha District
48
52
Arusha City
98
15
113
Meru District
105
19
124
Total
251 (87%)
38 (13%)
0 (0%)
289 (100%)
5.2.3 Type of Family Structure
The survey shows that 62% of all households have extended families, which
is typical of most African families. This implies higher social and economic
burdens and challenges as a result of resettlement due to the proposed
project (Table 5.3). However on the other hand this could have positive
consequences given the potential for members to support each other
because of socio-economic dislocation arising from acquisition of properties.
The increased social capital and networking could enhance social
integration during times of difficulties. Table 5.3 below reveals that 34% of
families have nuclear structures.
Table 5.3: Structure of Family

Name of District
Extended
Nuclear
Total
Arusha District
35
14
49
Arusha City
75
31
106
Meru District
70
54
124
Total
180 (62%)
99 (34%)
289(100%)
DTE80147T/RAP
Page 49of103
5.3 Socio-Demographic Characteristics of PAPs

5.3.1 Number of Sample PAPs.
A total of 1885 PAPs were included in this socio-economic survey. Data

showed an average of 6.5 members per household which is higher than the
average size of households in Tanzania which is around 6 members per
household.
Table 5.4: Number of sample PAPs by District

Name of District Council
Number
of
Households
Sample
Arusha District
330
18
Arusha City
740
39
Meru District
815
43
Total
1885
100
5.3.2 Sex Composition of PAPs
Census survey revealed that PAPs are almost evenly distributed along sex
lines with 52% female close to sex- ratios nationally. Data in Table 5.5
shows more or less even distribution between male and female PAPs.
Table 5.5 Sex composition of PAPs

SEX
Frequency
Percent
Male
909
48
Female
976
52
Total
1885
100
5.3.3 Age Categories of PAPs
Census survey of PAPs shows that there is a significantly high age

dependency ratio. 39% of all PAPs are children under 15 years of age and
the elderly (over 65 years old). Age-wise this data indicate a high possibility
of vulnerability among PAPs because of age factor (Table 5.6). The
proportion is even higher if we have to include PAPs who might be over 15
years of age but still schooling at secondary school levels.
Table 5.6: Age of PAPs

AGE
Frequency
Percent
<15
642
34
15-25
466
25
DTE80147T/RAP
Page 50of103

26-35
273
15
36-64
389
21
65-84
82
>85
28
Total
1880
100
The overall results from the survey show that affected households have generally low socio-economic
profiles.
DTE80147T/RAP
Page 51of103

5.3.4 Distances from Social Service Facility
Access to social service facilities such as health, primary and secondary

schools is not easy with some variations between the facilities. For example
large percentages (59% of PAPs) live within 500 meters of tap water which
is the most accessible social service. On the other hand 68% of the sample
households live more than 2 kilometres of a secondary school and health
facility making these the most inaccessible service facilities (see table below
for details).
Table 5.7: Distances from Social Service Facility by Road

Type of Facility
Household Distance from Social Service Facility

<500M
500M-1KM
1-2KM
>2KM
Total
Health Facility
16 (5%)
32 (11%)
46 (16%)
197 (68%)
291 (100%)
Primary School
49 (17%)
71 (24%)
70 (24%)
101 (35%)
291 (100%)
Secondary School
31 (9%)
27(8%)
51 (15%)
233 (68%)
342 (100%)
Tap Water
170 (59%)
50 (17%)
33 (11%)
35 (12%)
288(100%)
5.3.5 PAPs Educational Attainment Levels
Generally the educational attainment levels of the sample PAPs are

moderate with only about 7% illiteracy rate. Majority of PAPs have either
attained primary level of education or are schooling at that level. No
significant variation is observed between the various sections of the project
road.
Table 5.8: Education Attainment Levels of PAPs

Educational Attainment Level
Frequency
Percent
Illiterate
134
Primary Schooling
421
22
Primary Leaver
553
29
Secondary Schooling
270
14
Secondary leaver
200
11
Diploma
16
0.01
technical
63
graduate
54
UNDER 7 YEARS OF AGE
173
Total
1884
100
5.3.6 Marital Status
DTE80147T/RAP
Page 52of103

62% of PAPs who are above 16 years of age are married while 38% are not
married. The remaining over 16 years are either widowed or separated with
only few divorced or separated. Marital status potentially increases the level
of vulnerability for women who are widowed with the burden of looking after
children and having limited support from other relatives.
Table 5.9: Marital Status

Marital Status
Frequency
Percent
Married
697
37
Unmarried
407
22
Divorced
Separated
Widowed
17
0.01
Under 16 Years of Age
754
40
Total
1885
100
DTE80147T/RAP
Page 53of103

5.3.7 Type of assets owned
The most commonly owned assets are land (93%) and mobile phones
(93%) of sample households; radio (91%); bicycles (54%) and television
sets (42%). The patterns of ownership do not vary significantly across the
districts. Data on Table 5.10 on asset ownership indicates a fairly improved
socio- economic conditions compared to other parts the country. It is
however worth observing that although such asset ownership patterns are
indicative of a modern urban phenomenon it is not a characteristic of a
wealthy society.
Table 5.10: Asset Ownership

Type
Owned
of
Asset
No.
Households
Owning
of
% distribution
Average
Land
272
93
22 acres
Mobile Phones
271
93
2.5 phones
Radio
267
91
1.5 radio sets
Bicycles
156
54
0.6 bicycles
Television
122
42
0.5 tv sets
58
20
0.3
refrigerators
Handcarts
70
24
0.02 carts
Gas/Electric cookers
66
23
0.2 cookers
27
0.14
motorcycles
29
10
0.08 carts
Refrigerators
Motorcycles
Animal Cart
DTE80147T/RAP
Page 54of103
6.4 Gender Issues

This study focused on women activity profile and decision making process in the households.
5.4.1 Gender Relations in General
In general gender relations in the communities within the road impact are
based on patriarchal relationship implying authority is vested in the male
head of the household. The family is the smallest social unit. In these
communities women do not own land and livestock and other major
properties such as houses and therefore do not have inheritance rights over
land, livestock and other properties. Additionally, women within this social
structure are denied the right to own basic property. In most cases the
position of elders is ranked highly in social sense. The division of labour in
the family and in the communities is based on gender and age. Most of the
domestic chores are undertaken by women and children in addition to other
activities such as farming and small business. Limited differentiation exists
in terms of the division of labour in the families and households among the
different ethnic groups in the study area.
Changes are being initiated at district levels to address issues of gender
inequality and among these initiatives is the formation of women social and
economic groups. These groups are in some cases supported through
financial means or training in the skills of managing such ventures. In most
wards within the road impact areas women groups have been formed some
of these groups have been registered and others have not. Women groups
are often formed around a specific development issue such as economic,
environmental, health, livestock keeping, small-businesses etc. Among
major challenges that affect the efficient management of these groups
included limited capacities and skills to manage such groups, lack of
motivation, access to credit facilities and generally low levels of education of
the members.
In the road impact area women are involved in several development

activities and therefore play both production and reproduction roles. Women
are involved in farming which includes production activities, processing and
marketing. Women also play central role in small-business. Playing the
reproductive role women also bore the burden of taking care of the children,
the old, the sick and even the men. Among domestic chores that are
normally unpaid that women perform is fetching water, firewood, food
preparation etc. As observed previously because of the patriarchal nature of
the family relationships womens contribution especially at the family is not
given social recognition it deserves. This explains to a large extent the
increasing levels of poverty among women and their low status. Women in
the area are also constrained in terms of access to education, training
opportunities, and appropriate technologies to simplify their work (ie heavy
work load),
The road project will have a potential for the increased women and family
incomes in a number of ways. First women can be employed in road
construction activities and maintenance. This in itself will increase family
and individual level incomes. During the road construction women and
others will also establish small scale business such as food vendor services
popularly known as Mama Lishe to supply those working in the road
construction sites. This again will lead to increases in the incomes of women
and families in general. The involvement of the local population including
women will lead to capacity building in terms of new skills that could be
learnt.
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5.4.2 Women Household Activity Profile
Cooking, child rearing and other domestic chores such as washing clothes
and cleaning houses are the major household activities on which women
spend an average of 8 hours per day with very limited time for relaxation
and resting. Data did not reveal any variations between the districts. There
is a great deal of commonality between women household activity profile in
the study area with other areas of Tanzania. For example in almost all
societies cooking is an activity that is undertaken by women except under
very rare circumstances. Washing of clothes, cleaning houses are other
domestic activities that take most of the women's time in almost all societies
in Tanzania. These activities vary significantly by season and rural-urban
continuum.
Table 5.11: Women Household Activity Profile and time disposition

Type of activity
Hours spent on the activity per day
Cooking
2.2
Washing clothes
Fetching Water
1.3
Cleaning
1.4
Child care
.2
Total
8.1
5.4.3 Women Decision-making powers in household matters
Data shows that in general women are involved in making decisions on

issues that are significant to the households including finances, education of
child, health of child, purchase of assets, day to day activities and social
functions. In 93.5% of households women were reported to make decisions.
No differences were observed between the districts and surprisingly no
variations were observed between significant household issues and
proportions varied between 92.8% for decisions regarding social functions
and 93.7% for financial, child education, child health an day to day
household activities. However this issue is subject to social desirability
responses with a potential for attitude-behaviour discontinuity.
5.4.4 Positive Impacts on Gender Relations
The project will have positive impacts on gender relations in a number of

ways. First it will provide opportunities for both men and women to be
engaged in income generation activities. For example women in such
projects have provided food services to construction workers. Such
businesses can provide additional cash required in the households.
However within the patriarchy women may not make significant financial
gains as often men have major say in the use of these financial resources or
misuse of such financial resources. Second local people will be given
priority in employment opportunities accruing from construction works. A
certain proportion of work opportunities should be allocated to women. In
most of the areas surveyed women indicated the willingness to work in road
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related project activities. The impact is the additional household income
which can be invested in other economic areas and thus having impact on
poverty reduction and gender relations. Third, the project road will have
indirectly affected the skill levels and training opportunities for both men and
women participating in the project. Again this will have a long term impact
on the capacity of women to be able to find alternative employment
opportunities elsewhere or improved opportunity for self-employment.
Fourth, the issues of women rights during project implementation will be
given more weight which has added impact on attitudes toward gender
inequality. This includes ensuring that women get fair share of
compensation. Fifth, women participation in project activities tend to
increase cohesion and networking and broader understanding of gender
issues. This project will not result in any significant relocation and thus will
not lead to a break down in the existing social networks.
5.4.5 Negative Impacts on Gender Relations
Mitigation measures for the negative impacts are provided on section 2.4
The project will have potential for negative impacts on gender related issues
which will have to be mitigated. Among possible negative impacts are:
DTE80147T/RAP
Increased poverty among female-headed households because of

land expropriation
Loss of structures and the impact is more sever for poor femaleheaded households
Loss of business and its impact on livelihoods is more severe on

women than men because women are not as mobile as men given
the cultural situation
Women are more likely to suffer from sexually transmitted diseases

than men as a result of road project activities. The impact of
HIV/Aids is more likely to be far reaching in the household social
and economic sectors because women play key reproductive and
productive roles in the households in the road impact area.
Construction sites are often dominated by men thus women working

on road sites are often harassed by men sexually and socially as
well.
Short -term increased workload among women is likely to occur as

a result of impact of project activities. Survey findings have
indicated a heavy work load for women in the project area and this
is likely to increase as additional employment and income
generation activities arises.
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5.5 Occupational status of PAPs

The project road is located in both urban and rural settings thus there is no
single dominant or common occupation among the PAPS except that 14%
reported to be cultivators. Reported occupations include: businesses;
employment in the public and private sector for the wide-range of
occupations; cultivation and daily wage earning activities.
Table 5.12: Occupation Status

Occupation
Frequency
Percent
Cultivator
389
14
Agricultural Labourer
00
Daily Wage Earner
112
Private Sector Salaried
68
Public
Salaried
28
Self Employed
241
Housewife
37
Unemployed
59
Pensioner
00
Other
30
STUDENTS AND CHILDREN
989
35
Total
2821
100
Sector/Government
A significant proportion of PAPs are however unemployed (including most of

the house wives) furthermore majority of PAPs as previously noted are
either students or children under 6 years of age. This employment status of
most PAPs reveals another social and economic vulnerability for the PAPs
because of their inability to cope with challenges that might arise from
project impact. The negative impact on the business which appears to be
the major means of sustaining livelihoods will have far reaching
consequences if adequate and timely compensation is not paid.
5.6 Economic Profile of PAPs

5.6.1 Sources of Household Income of PAPs
Majority (87%) of sample households have more than one income to meet
their basic livelihood requirements. The main sources of income are
agriculture, self-employment (mainly business) and livestock keeping. Other
less important sources are rent from buildings; formal employment; and
seasonal wage. Data in Table 5.13 shows limited variations across the
districts on major sources of income. Findings also revealed that 87% of
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sample households have more than two sources of income.
Table 5.13: Sources of Households Income

Source of Income
Frequency
% Distribution
Agriculture
221
76
Self-employment
170
58
Livestock
131
45
Formal Employment
89
31
Seasonal wage
32
11
Remittances
18
Table 5.14: Number of sources of household income

Number
Income
Frequency
% Distribution
1 source of income
59
13.3
2-3 sources of income
256
57.8
4 sources of income and

more
127
28.7
Total
442
99.8
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of
Source
of
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5.6.2 Average Income Levels of PAPs
Heads of affected households were asked about average monthly income of

members of households from all sources of income. None of households are
below poverty line (living on less than one dollar per day). However 25% of
the PAPs are poor with low levels of income. Therefore this category of
PAPs is very poor in economic terms and vulnerable to economic shocks
that might arise from the project.
Table 5.15: PAPS Monthly Income Levels

Monthly Income in TZS
Frequency
Percent
Below Poverty Line (0-48,000)
Low (48,001-564120)
71
25
Medium (564121-2,000,000)
163
58
High (2000001- 20,000,000)
44
16
Very High (Above 20 Million)
Total
280
100
5.6.3 Household Expenditure Patterns
The major expenditure patterns of the affected households are on food

purchase; education and health care. The household expenditure pattern
shows more expenditure on food items, followed by education of children
and medical care. 32% of PAPs spend their earning on food; 13% on
education of children; 3% on health. A significant variation is observed
among PAPs and between items of expenditure in terms of expenditure
patterns. The less expenditure on education and medical care could be
explained by subsidized health and education in Tanzania in general.
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5.7 Nature and Types of Assets and PAPs

The nature and types of assets affected in the entire project road include:
Land, buildings and surrounding trees and plantations
Land, trees and plantations
Trees and plantations
Land only
5.7.1 Use of affected structures
Interviews with head of households whose structures have been identified

for acquisition showed that majority (83%) were for residential purpose
others are 10% business only and 7 for both business and residential. This
has impact on the livelihoods of PAPs as many do not have other alternative
means of livelihoods (see details on table below). PAPs whose business
structures will be affected observed that they will lose revenue and
customers respectively if businesses are relocated.
Table 5.16: Use of affected structures

Type of Structure
Frequency
Percent
Residential Only
136
83
Business Only
17
10
Both 1 And 2
11
Total
164
100
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5.8
Compensation Preference
Data on table 5.17 below shows that almost all (99.6%) PAPs prefer cash
compensation. Most PAPs believe that if they receive adequate and timely
compensation they should be able to construct a decent structure and
remain with a cash balance for income generation. Furthermore, PAPs
argue that they can better select areas for resettlement or relocation than if
the government decides. No variation was observed between various
districts (sections of the road).
The grace period of 90 days provided by law after compensation has been
paid for PAPs to relocate was thought to be adequate. 97.6% of PAPs
indicated that this period is adequate if compensation is paid in full and not
in instalments and that it is timely and sensitive to seasons. The remaining
2.4% recommended a period of between 4 and six months.
Table 5.17: PAPS Compensation Preferences

Name of District
Cash
House
Total
Arusha District
40
40
Arusha City
101
102
Meru District
113
113
Total
254 (99.6%)
1 (0.4%)
255 (100%)
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5.9
Social Networking among PAPs
The majority (66%) of respondents (either head of households or their

representatives) are not members of any social groupings. This is despite
the fact that there a number of socio-economic groups in most of the
communities visited including religious groups. Majority of PAPs therefore
lack any social skills in community or social advocacy which is critical in
addressing issues or challenges related to rights of the affected persons.
Table 5.18: Membership in social networks

Name of District
Yes a Member
Not a Member
Total
Arusha District
16
36
52
Arusha City
38
75
113
Meru District
46
80
126
Total
100
191
291
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CHAPTER 6: LEGAL FRAMEWORK INCLUDING MECHANISMS FOR CONFLICT RESOLUTION AND APPEALS
CHAPTER 6: LEGAL FRAMEWORK INCLUDING

MECHANISMS FOR CONFLICT RESOLUTION AND
APPEALS
6.1 Policies
National Land
Policy, 1995
(Revised in 1997)
Relevance to the
project
African Development
Bank Environment
Policy
DTE80147T/RAP
The National Land Policy recognizes the need for protecting environmentally
sensitive areas. The policy emphasizes on the protection of environment
and natural ecosystems from pollution, degradation, and physical
destruction. In addition, the policy recognizes the importance of social
services such as water, roads, energy, and solid waste management for
environmental protection. Finally, the policy identifies the need for
conservation and preservation of prehistoric / historic sites and buildings.
During construction, water supply utilities (water pipe lines and domestic
water points), electricity power lines and transformers are likely to be
relocated to pave way for construction works. In addition, the by-pass
between Ngaramtoni and Mlangarini passes through a sensitive area; an
area which is very prone to gully erosion.
Involuntary Resettlement Policy (2003)
In order to achieve the overall objectives of this policy, projects that
involve involuntary resettlement shall be prepared and evaluated
according to the following guiding principles:
a)
The borrower should develop a resettlement plan

where physical displacement and loss of other
economic assets are unavoidable. The plan should
ensure that displacement is minimized, and that the
displaced persons are provided with assistance prior
to, during and following their physical relocation.
The aim of the relocation and of the resettlement
plan is to improve displaced persons former living
standards, income earning capacity, and production
levels. The resettlement plan should be conceived
and executed as part of a development program,
with displaced persons provided sufficient resources
and opportunities to share in the project benefits.
Project planners should work to ensure that affected
communities give their demonstrable acceptance to
the resettlement plan and the development program,
and that any necessary displacement is done in the
context of negotiated settlements with affected
communities;
b)
Additionally,
displaced
persons
and
host
communities should be meaningfully consulted early
in the planning process and encouraged to
participate in the planning and implementation of the
resettlement program. The displaced persons
should be informed about their options and rights
pertaining to resettlement. They should be given
genuine
choices
among
technically
and
economically feasible resettlement alternatives. In
this regard, particular attention should be paid to the
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location and scheduling of activities. In order for
consultation to be meaningful, information about the
proposed project and the plans regarding
resettlement and rehabilitation must be made
available to local people and national civil society
organizations in a timely manner and in a form and
manner that is appropriate and understandable to
local people. As well, careful attention should be
given in the organisation of meetings. The feasibility
of holding separate womens meetings and fair
representation of female heads of households, in
addition to mixed meetings should be explored.
Also, the way in which information is disseminated
should be cautiously planned as levels of literacy
and networking may differ along gender lines;
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c)
Particular attention should be paid to the needs of

disadvantaged groups among those displaced,
especially those below the poverty line, the landless,
the elderly, women and children, and ethnic,
religious and linguistic minorities; including those
without legal title to assets, female-headed
households.
Appropriate assistance must be
provided to help these disadvantaged groups cope
with the dislocation and to improve their status.
Provision of health care services, particularly for
pregnant women, and infants, may be important
during and after relocation to prevent increases in
morbidity and mortality due to malnutrition, the
psychological stress of being uprooted, and the
increased risk of disease;
d)
Resettlers should be integrated socially and

economically into host communities so that adverse
impacts on host communities are minimized. Any
payment due to the hosts for land or other assets
provided to resettlers should be promptly rendered.
Conflicts between hosts and resettlers may develop
as increased demands are placed on land, water,
forests, services, etc., or if the resettlers are
provided services and housing superior to that of the
hosts. These impacts must be carefully considered
when assessing the feasibility and costs of any
proposed project involving displacement, and
adequate resources must be reflected in the budget
for the mitigation of these additional environmental
and social impacts;
e)
Displaced persons should be compensated for their

losses at full replacement cost prior to their actual
move or before taking of land and related assets or
commencement of project activities, whichever
occurs first; and
f)
The total cost of the project as a result should

include the full cost of all resettlement activities,
factoring in the loss of livelihood and earning
potential among affected peoples. This attempt to
calculate the total economic cost should also factor
the social, health, environmental and psychological
impacts of the project and the displacement, which
may disrupt productivity and social integration. The
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resettlement costs should be treated against
economic benefits of the project and any net
benefits to resettlers should be added to the benefit
stream of the project.
Relevance to the
project
HIV/AIDS Policy,
2006
Relevance to the
project
The policy addresses the following major issues;
Eligibility and Entitlement
Compensation
Grievances Redress Mechanism
Institutional and Legal Framework
Provides for HIV/AIDS response framework and includes HIV/AIDS

educational campaign programmes. Other responses presented in the
policy are integration of HIV/AIDS issues in school curriculum and
prevention measures such as condom use.
The policy is relevant to the project because during the implementation of

the project influx of people in the project area will have the tendency to
increase HIV transmission and other STIs.
6.2 Legal Framework

The Constitution of
Tanzania
The Policy, legal framework to address the social dimensions, impacts and
implications of the project is based on the following articles of the
Constitution of the United Republic of Tanzania of 1977: Article 24 (1):
Subject to provisions of the relevant laws of the land, every person is
entitled to own property, and has a right to the protection of his property held
in accordance with law. Article 24 (2): It shall be unlawful for any person to
be deprived of property for the purposes of nationalization or any other
purposes without the authority of law which makes provision for fair and
adequate compensation. Therefore the payment of compensation is both a
legal and constitutional right under Article 24 of the Constitution of the
United Republic of Tanzania of 1977.
Land Act of 1999
Regulates land allocation including village lands. It specifies that all lands
continue to be public. Land is vested in the President as Trustee for and on
behalf of all the citizens of Tanzania. The Acts also recognize land as a
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property and have value. Section 156 of the Land Act 1999 requires
compensation to be paid to any person for the use of land of which he / she
is in lawful or actual occupation as a communal right of way and with
respect to a way leave. These include:
Relevance to the
project
DTE80147T/RAP
Any damage suffered in respect of trees, crops, and buildings as

result of creation of way leave;
Damage due to surveying or determining the route of that way leave.

It is the responsibility of the government department of Ministry,
Local Government authority or corporate body that applied for right
of way to pay compensation.
All affected properties as the result of implementing the proposed project will
be compensated for.
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The Land
Acquisition Act 1967
Under the Land Acquisition Act, 1967, the President may, subject to the
provisions of this Act, acquire any land for any estate or term where such
land is required for any public purpose. Land shall be deemed to be
acquired for a public purpose where it is required, for example, for exclusive
Government use, for general public use, for any Government scheme, for
the development of agricultural land or for the provision of sites for
industrial, agricultural or commercial development, social services, or
housing or; where the President is satisfied that a corporation requires any
land for the purposes of construction of any work which in his opinion would
be of public utility or in the public interest or in the interest of the national
economy, he may, with the approval, to be signified by resolution of the
National Assembly and by order published in the Gazette, declare the
purpose for which such land is required to be a public purpose and upon
such order being made such purpose shall be deemed to be a public
purpose; or in connection with the laying out of any new city, municipality,
township or minor settlement or the extension or improvement of any
existing city, municipality, township or minor settlement; etc. Upon such
acquisition of any Land the President is compelled on behalf of the
Government to pay in respect thereof, out of money provided for the
purpose by Parliament, such compensation, as may be agreed upon or
determined in accordance with the provisions of the
Land Acquisition Act, 1967. The President may also revoke a right of
occupancy if in his opinion it is in public interest to do so. Accordingly, the
land for which a right of occupancy has been revoked reverts back to the
Government for re-allocation pursuant to the existing need (s). It should also
be noted here that, though the land belong to the government some
changes on the land act has taken place. Land has value to the owner;
therefore any land taken from the user has to be compensated. Based on
this act the villagers affected by the project are claiming that they should be
compensated for the lost farms and land used for residential purposes.
The Town and

Country Planning
Ordinance, Cap 378
of 1956 (revised in
1961)
Under the provisions of the Town and Country Planning Ordinance also the
President is empowered to acquire any land for project of public interest.
The 1956 ordinance after its revision in 1961, states: Section 45 (1): Where
it appears to the President that it is necessary to acquire any land within a
planning area for the scheme applicable thereto and agreement for the
acquisition thereof between the Local Authority and the owner of such land
cannot be reached, the President may acquire such land under any law
relating to the compulsory acquisition of land. Section 45 (2): Without
prejudice to the generality of the provision of subsection (1) of section 45,
the power of the President hereunder shall extend to the acquisition of land
which has not been developed in accordance with the scheme applicable
thereto which, in his opinion, it is necessary to acquire in order to secure its
good development or the proper, orderly and continuous development of a
planning area or any part of it or the good development of neighbouring
land. Section 45 (3) Without prejudice to the provisions of any law relating to
the compulsory acquisition of land, the purposes for which land may be
acquired under the provisions of this ordinance shall be deemed to be the
public purposes. Under section 50 (ii) the value of any land within a
Planning Area shall, for the purposes of determining the amount of
compensation payable, be deemed to be the value of such land on the
material date together with the value of any development carried out
thereafter with planning consent.
Section 52, on compensation for injury caused by scheme, allows that any
person whose land is affected by any scheme and suffers loss thereof, or
whose mining rights or forestry rights are rendered abortive by operation of
a scheme shall upon proper claim be entitled to recover as compensation
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from the local government authority the amount by which his land is
decreased in value in so far as it was reasonably incurred, the amount of
abortive expenditure or the loss or injury suffered. Under Section 56 (1), a
claim for compensation shall be made by serving upon the local government
authority a notice stating the grounds of claim and amount thereof, within six
months from date of emergence of such scheme provision or as it may be
specified in the scheme.
Relevance to the
project
Road Act, 2007
Since the corridor of RoW will be extended from existing 45 m to 60 m, a

corridor of 7.5 m on both sides of the road will have to be acquired in
accordance with the law. In addition, land will have to be acquired for the
proposed non-existence by pass section.
The following sections relevant to the proposed road project: Section 29:
Specifies that the road reserve is exclusive for the use of the road,
development and expansion or any related activities. According to the Act,
the road authority may permit any person or authority to temporarily place
public utilities such as lighting, telegraph, adverts, telephone, electric
supplies and posts, drains, sewers, and mains only in such cases where
such use do not hinder any future use of the road reserve by the road
authority.
Among the public utilities within the road reserve are water supply domestic
points. Such utilities are likely to be affected by the project. Section 33: The
road authority shall ensure to the safety of road users during the design,
construction, maintenance, and operation of a public road by providing
sidewalks, overhead bridges, zebra crossings and other matters related
thereto. Section 30: Stipulates that road authority is responsible for the
protection of environment as well as waste disposal.
Relevance to the
project
Highways
Ordinance, Cap 167
DTE80147T/RAP
The Act will necessitate the developer of the project (EAC) to ensure that,
during implementation as well as operation of the road, all possible
measures are taken to avoid or abate damage to the environment. In
addition, the design of the road will ensure safety measures such as
provision of zebra crossing are taken into considerations.
Although not of direct impact, the Ordinance defines a highway or public

highway which in the words of the said ordinance means any roads
specified in the first schedule and any road, which may be so declared by
the Government under Sec. 10 of the same ordinance. On the other hand,
trunk roads are defined as those roads interconnecting regions and, in some
cases, countries. They are usually designed for heavy and high traffic
frequency. The roads are characterized by 6.5m carriageways width, 1.5 m
shoulders. The ordinance specifies the RoW (road reserve) of trunk road to
be 45 m (22.5 m on both sides of the road from the centre-line).
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The Grave Removal

Act, 1969
Relevance to the
project
Employment and
Labour Relations
Act, 2004
Relevance to the
project
Environmental
Management for
Sustainable
Development Act,
1996
Relevance to the
project
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The Act gives the right to the Minister responsible for lands to cause a grave
and any other dead body buried on a land which is required for public
purpose to be relocated. The Act requires the Minister to serve the persons
interested with a notice of his intention to do so. The Act requires that
removal, transportation and re-instatement of a grave or dead body, be
carried out with due regard to the views of the persons interested and the
religious susceptibilities of the members of the religious community to which
the person belonged whose grave or dead body it is. In certain
circumstance, removal of grave can be undertaken by a person interested.
In such a case, the interested person shall be compensated, for expenses
incurred in the removal, transportation, reinstatement and re-interment of
the grave or dead body and any placatory or expiatory rites or other
ceremony accompanying such removal and re-interment.
The project road traverses in areas where some grave yards are located in
the RoW. According to the Act, the contractor will be obliged to
communicate with relevant authorities for relocation of graves.
Section 5 of the Act prohibits employment of children under the age of

fourteen years. A child at the age of 14 year and above may only be
employed for light works, which are not likely to cause harm to the childs
health and development, and does not prejudice the childs attendance at
school, participation in vocational orientation or training programmes
approved by the competent authority or the childs capacity to benefit from
the instruction received. The act also prohibits employment of a child under
the age of eighteen years in any work site where work conditions may be
considered hazardous.
The construction of the project is likely to trigger employment of children

under 18.
The Act provides for general environmental obligations; environmental

impact assessment, control and management of specific environmental
threats, projected areas and biological diversity, offences and miscellaneous
provisions.
The Act is an important legal document relevant to this project as it lays

down requirement for environment impact assessment in the
implementation of this project.
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6.3 Regulations
The Roads Management Regulations 2009
This regulation covers the following major areas: management of roads; road widths and reserve;
roads classification; formation, construction, maintenance and repairs of tracks, tracks and byways
and finally offences and penalties.
Relevance: Details the regulations governing the Roads Act 2007
The High Way Code of Tanzania 2008
The High Way Code is a set of rules and advice on how to use roads based on current traffic law and
good driving practices. The code contains advice to pedestrians, cyclists, drivers of motor vehicles,
passengers, breakdowns and vulnerable road users. The code is a mixture of rules and advices.
Relevance: This is relevant in educating the users of the road
The Land
(Compensation
Claims) Regulation,
2001
This regulation is made under the Land Act No 4 of 1999. According to the
regulation, the following are eligible for compensation / resettlement:
Holder of right of occupancy (Section 22 of the Land Act of 1999);
Urban or peri-urban land acquired by the President under Section 60

of the Land Act, 1999.
Sub-section 2 of Section 9 applies to all applications or claims for

compensation against government or Local Government authority, public
body, or institution. According to Section 10(1) compensation shall take the
form of:
Relevance to
theproject
The Land
Assessment of
Value for
Compensation
Regulation, 2001
Monetary compensation
Plot of land of comparable quality, extent and productive potential to

the land lost;
A building or buildings of comparable quality, extent and use

comparable to the building or buildings lost
Plants and seedlings
Regular supplies of grain and other basic foodstuffs for a specified

time.
Compensation of affected properties will be in monetary terms
The regulation is made under the Land Act No 4 of 1999.The regulation

applies to any application or claims for compensation by any person
occupying land and shall include:
The value of un-exhausted improvements on the occupied land;
Grazing land
The regulation states: basis for assessment of the value of any land and
un-exhausted improvement shall be the market value of such land. The
market value is arrived at by the use of comparative method proved by
actual recent, sales of similar properties or by use of income approach or
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replacement cost method, in case the property is of special nature and not
saleable. According to the regulation an assessment of the value of land
and un-exhausted improvements is done by Qualified Valuer and verified by
the Chief Valuer of the Government or his / her representative. The
compensation issues include:
Value of un-exhausted improvement;
Disturbance allowance;
allowance and
Loss of profits.
transport
allowance;
accommodation
These are explained in more detail below:
Accommodation
allowance
Accommodation allowance is estimated by assessing the market rent of the

building and multiplying it by thirty-six months.
Loss of profit
Loss of profit is estimated by assessing the net monthly profit of the

business carried out on the land (evidenced by audited account where
necessary and applicable) and multiplying by thirty-six months.
Disturbance
allowance
Disturbance allowance is calculated by multiplying value of the land by

average percentage rate of interest offered by commercial banks on fixed
deposits for twelve months at the time of loss of interest in land.
Transport allowance
Transport allowance is determined by taking actual costs of transporting

twelve tons of luggage by rail or road (which ever cheaper) within twenty
kilometres from the point of displacement. No payment shall be made for
transport allowance, accommodation allowance, and loss of profit for
unoccupied land at the date of loss of interest on land.
Interest
Interest is determined by average percentage rate of interest offered by

commercial banks on fixed deposits and will be recoverable until such
compensation is paid (Sub-section 3 of Section 13). The following
procedures outlined in Section 6 of the regulation shall apply:
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Publication of notice by Commissioner for lands on public notice

board;
Notification of the occupier of the land;
Submission of claims for compensation by occupier;
Physical appearance of occupier on specified date, time and place

where assessment is to be made
Valuation for compensation by Commissioner or the authorized

officer
Preparation of compensation schedule and submission of the

schedule with claim for compensation to the Compensation Fund.
Verification and acceptance of rejection of payment by the Fund

within not more than 30 days from the date of receipt of claim. If the
person does not agree with the amount or method of payment or
dissatisfied with time taken to pay compensation he /she may apply
to the High Court. The high court shall determine the amount and
method of payment and make any additional costs and
inconveniences incurred.
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Relevance to the
project
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EIA will be required to comply with the legislation by ensuring:
Prompt compensation to be paid for acquired land or damaged

properties.
Project to involve Qualified Valuation Officer and follow all

procedures as outlined in The Land (Compensation Claims)
Regulations (2001) and The Land (Assessment of Value for
Compensation) Regulations (2001)
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6.5 AfDB Policy on Involuntary Resettlement

a)
b)
c)
Therefore displaced persons in the following two groups are entitled to
compensation for loss of land or other assets taken for the project
purposes:
a)

and
b)

kind.

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6.6 Comparing and Contrasting African Development Bank

Policy and Tanzania Law
The African Development Bank (2003) policy on Involuntary Resettlement
outlines many of the same principles contained in Tanzania legislation and
regulations. These include:
The fundamental requirement of full, fair, and prompt compensation

including various costs in computing compensation, paid through
allowances for the indirect costs associated with replacing assets
(disturbance, transport, etc.); and
Entitlement for the payment of compensation are based on the right

of ownership in Tanzania Laws while the African Development Bank
states that affected persons are eligible to some form of
compensation whether or not they have legal title if they occupy the
land by a specified cut-off-date.
Tanzania law requires less full treatment of displacement than the African
Development Bank policy in the following respects;
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Firstly, African Development Bank requires that

compensation and asset replacement, be planned in
advance and be fully transparent to all those
affected; This is the same as required in the
Tanzanian Law
It requires that assets be compensated at full

replacement value prior to acquisition. In principle
this is also a requirement in Tanzania Law however
enforcement has been problematic. This has to be
observed.
It requires that people who lose assets be afforded

the opportunities to improve their living standards
and their ability to replace their productive capacity
(including capacity building), or at least to replace
them. Timely and adequate compensation and
allowances connotes similarity between AfDB and
Government of Tanzania
It requires that action planning be done in a

participatory manner, in which those affected by a
project fully understand what actions will be taken
throughout the compensation process. AfDB and
Tanzania Government have similar policy on this.
It requires that accessible and affordable

mechanisms for resolution of disputes be made
available. This is the same for the AfDB and the
government of Tanzania
It requires that disadvantaged groups such as those

below poverty line, landless, women, children,
elderly and female-headed households be given
additional support. The Tanzania Law is quite on
this. Recommend additional support for the
vulnerable groups.
Second, AfDB is specific on the need to address gender

inequality for example including both men and women in
property ownership, the Tanzania Law does not specifically
address this issue. Recommend that both men and women
be involved.
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Lastly, AfDB Policy requires compensation for PAPs without

formal legal rights to land and other assets (including tenant
farmers). Recommend the adoption of the AfDB position on
this.
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6.8 Identification of Project Affected Groups, Individuals

and Persons
According to the above laws and policies affected person(s) (group(s)
/individual(s)) are those who lose assets or are denied access to legally
designated social economic services as a result of road project activities,
whatever the extent of lose, lost assets may be land, structures, trees and
plantation, graves
.
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6.9 Categories of Affected People

In line with the AfDB Policy on involuntary resettlement, categories of
affected people include: property owners, residential tenants, business
tenants, squatters, encroachers and other opportunistic land occupiers,
grave owners, land tenants and affected communities.
Furthermore, the AfDB Policy categorizes affected group(s) individual(s)
/persons as:
1. Those who have formal legal rights (including customary
and traditional rights) recognized under the laws of
Government of the United Republic of Tanzania;
2. Those who do not have formal legal rights to land at the time
of conducting census, but have a claim to such land or
assets provided that such claims are recognized under the
laws of Government of United Republic of Tanzania; and
3. Those who have no recognized legal rights or claims to land
they are occupying.
Those covered under i) and ii) above will be provided compensation for the
land they lose, and other assistance in accordance with the policy. Persons
covered under iii) above will be provided with resettlement assistance in lieu
of compensation for the land they occupy, and other assistance, as
necessary, to achieve the objectives set out in this policy, if they occupy the
project area prior to the established cut-off date.
Persons who encroach on the area after the cut-off date are not entitled to
compensation or any other form of resettlement assistance. People who
consider themselves to be eligible and are not identified at the time of
census will have the right to appeal to district or municipal authorities.
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CHAPTER 7: INSTITUTIONAL FRAMEWORK

implementation processes at different levels and times. However the overall
coordination of RAP activities will be under the TANROADS and other
functions related to resettlement and or compensation including various
local authorities.
TANROADS will be responsible for implementing RAP
TANROADS will support sensitization of stakeholders on RAP,

preparation of monitoring of RAPs;
Local Government Authorities will sensitize communities on RAP,

provide technical support in preparation of RAPs, screen and
appraise and monitor the implementation of RAPs;
Communities, Villages, Wards affected groups as the final owner of

land, landed properties and assets to be acquired or affected will be
the participants in the process;

NGOs will be involved in the monitoring of the resettlement process,
TANROADS shall set up Resettlement Committee comprising

representatives of key Ministries and a local NGO involved in similar
projects.
External Audits shall include the evaluation of the implementation of

the resettlement action plans in routine annual audits. Without undue
o
Consultation
procedures;
on
compensation
options,
process
and
The following committees shall be established at district levels with

representation from the PAPS /Wards:
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Resettlement Committee;
o
Chair - Regional Commissioner
Member - TANROADS
Member - Ministry of Lands
Member-East African Community
Member - District Commissioner
Member - Consultant
Member - Representative of a Local NGO
Member - Representative of PAPs
Compensation Committee; and

o
Chair - District Commissioner
Member-TANROADS
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Member - Consultant
Member - Representative of PAP
Member - Valuer
Grievances Redress Committee.

o
Chair - District Commissioner
Member TANROADS
Member Valuer
Member - Representative of a Local NGO
Member - Representative of PAPs
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CHAPTER 8: ELIGIBILITY
8.1 Eligibility Criteria
a)
b)
c)
Therefore displaced persons in the following two groups are entitled to
compensation for loss of land or other assets taken for the project
purposes:
a)

and
b)

kind.

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The PAPs were considered irrespective of their tenure status, with respect
to land that they own, occupy or use the affected land prior to the cut-offdate. The cut-off date for eligibility to resettlement entitlements for the
th
project road was 16 March 2012 which is the last day of valuation of
properties.
Properties that are eligible for compensation are buildings, land, assets on
the land such as crops, trees etc. Local communities loosing land and or
access to assets under customary rights are eligible for compensation.
These criteria have been used to determine which PAPs are considered
eligible for compensation and other resettlement assistance, in accordance
with Tanzania Laws.
8.2 Entitlement Matrix

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
costs and other allowances.
According to the census survey of assets all of the PAPs are property
owners of land, residential structures (with business outlets); crops; trees
and plantations. The Entitlement Matrix is given in Table 8.1.
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Table 8.1: Entitlement matrix by type of PAP and type of loss
Type of PAPs
Property Owner
Type
Loss
of
Type of Entitlement
Compensation for
Loss of Assets
Replace land /pay
Compensation for
Loss of Income
Crops at market cost
in scarce season
Loss of structure, Compensation at full Compensation

at
residential,
or replacement
market price
business;
Permanent crops or
standing crops &
trees at market price
trees
For lost rental income

lump some cash
payment of 6 months
rent per tenant
Loss of business
income payment of
half turnover for 6
months
Loss of Land
Compensation for
Loss of Structure
-
Residential
Tenant
Loss of rental of accommodation
Business Tenant
Loss of rental of business

premises
Squatters (living Loss of shelter

on site illegally)
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Replacement cost of
non-movables
installation
was
agreed with owner
Replacement cost for
facilities that cannot
be moved
Compensation at full replacement value for

structure
Loss of business
income payment of
half of turnover for 6
months
Payment in lieu of
wages
while
rebuilding
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Moving allowance
Other assistance
None
Land
replacement
and new site
Actual
cost
of
transport for 12 tons
of goods by road 20
Km
Disturbance,
Accommodation, and
Transport
Allowances for loss
of residential, loss of
profit allowance for
business
12 tons of goods by
road for 20 Km
6
months
equivalent
12 tons of goods by
road for 20 Km
Disturbance
Allowance
rent
8.3 Organizational Procedures for the Delivery of

Entitlements
The delivery of entitlement will involve a number of agencies that have been
listed above. The key issues in entitlement delivery include:
Public Participation- PAPs are to be involved in this process from

the beginning of the project;
Notification of Land Resource Holders- these are notified formally

and informally;
Documentation of Holdings and Assets: Meetings with PAPs are

arranged to discuss compensation and PAPs will fill forms in the
presence of local leaders;
Agreement on compensation and preparation for contract.

Compensation is explained to individual PAPs, contract is prepared
and read in the presence of local leaders before signing (approved
contract form will be used); and
Compensation Payment: Handing over property and compensation

shall be done in the presence of local leaders.
The institutions responsible for various activities for preparation and

implementation of RAP are listed in Table 8.2. Consultations, socioeconomic surveys, valuation, and levels of awards are to be suggested by
the Consultants, while demolition of structures to be done by the civil works
Contractor. The payment will be made by TANROADS through District or
Municipal Local Authorities with the help of NGOs and external agencies.
Table 8.2: Delivery of Entitlements and Institutional Responsibilities
Item
No.
1
RAP Item /Activity
Institutions Responsible
Public Consultations
Consultants
Identification of Affected People and Properties
Consultants
Baseline Socio-economic Survey
Consultants
Inventory of Assets
Consultants
Valuation of Assets
Consultants
Determination of Eligibility and Levels of Awards
Consultants
Demolition
Contractor
Cash Payments for Compensation or Resettlement

Assistance
TANROADS,
District
Administration, Consultant
9
10
Monitoring
Evaluation
TANROADS, NGO
External Agency
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CHAPTER 9: VALUATION AND COMPENSATION FOR LOSSES AND BUDGET FOR RAP IMPLEMENTATION
CHAPTER 9: VALUATION AND COMPENSATION

FOR LOSSES AND BUDGET FOR RAP
IMPLEMENTATION
9.1 Introduction
A specific exercise was carried out as part of the project to determine the
value of affected land/property which would be used to guide the
compensation allowances to be paid to the PAPs by the Government of
Tanzania. The valuation objectives of the exercise were:
To identify and establish the ownership and value of all properties

existing within the zone of the proposed project.
To advice on the compensation amounts payable for the identified

properties in accordance with local laws relating to compulsory
acquisition of land and resettlement of affected persons. Due
consideration has also been given to the African Development
Bank Policy on Involuntary Resettlement (2003) requirements
where local laws fall short of the specified requirements.
According to the Terms of Reference of the valuation exercise, the Scope of

Work covered the following areas:
To study the project zone of impact, inspect the project sites,

identify and locate all properties within the zone.
Identify owners of all properties identified in item I above
To determine entitlement to compensation for loss of assets based

on market value
To assess the amount of compensation payable for loss of

properties while also indicating valuation methodology used and
how it complies with the local laws and practice.
To prepare a schedule showing for each property its location,

description, rightful owner and its compensation value
To produce compensation Schedules for approval

Government of Tanzania prior to paying compensation.
by the
The summary findings of the above listed works are contained in this report.
Compensation Schedules are presented in the separate Valuation Report.
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9.2 Methodology
The Land (Assessment of the Value of Land for Compensation) Regulations
2001 made under section 179 of the Land Act and which became
operational in May 2001 regulate the assessment of compensation in
Tanzania. Section 3 of these regulations provides that the basis for
assessment of the value of any land and un-exhausted improvements for
purposes of compensation under the Land Act, the value shall be the Market
Value of such land. The regulations emphasize that, the Market Value of
any land and un-exhausted improvements shall be arrived at by use of
comparative method evidence by actual recent sales of similar properties or
by the use of income approach or replacement cost method where the
property is of a special nature.
In carrying out assessment of compensation for this project the following
procedures were followed:
Field Surveys
In carrying out field surveys the valuers were at all time accompanied by a
local leader who identified the property owner for us, confirmed the
boundaries shown to us by the owner and certified the property data we
recorded in the field inspection sheets. In brief we did the following:
Identification of properties affected by the proposed infrastructure

provision project and their respective owners
Assigning Reference Number to each of the identified case and

taking photographs.
Taking notes of the identified properties (buildings) and other

developments on land as well as crops on a pre-prepared
inspection sheet.
Taking measurements of the land and buildings
Ensuring that all entries on the inspection sheets are counter

checked and signed by the property owners in the respective
location and witnessed by the local leaders.
The Valuation Survey was carried out between January and February 2012.
The team of three valuers visited and inspected all the properties detailed in
this report during this period.
Structural Surveys
In the valuation of buildings, general surveys as opposed to structural

surveys were carried out as the latter is out with the scope of a general
valuation survey. Therefore, no testing was done on such services as water
pipes, electrical wiring or drainage pipes and no testing was made to
establish the extent of damp, timber rot, metal fatigue etc.
We have however dealt with the construction details in considerably greater
depth than would be considered normal for a valuation report and have
made reference to the general state of repair and condition of the various
properties. Where a third party gave information, we assume that
information to be true, and we will not be liable should it prove to be
otherwise.
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Statutory Notices
All necessary efforts were made to establish whether in any of the

affected properties there was any subsisting statutory notice that may
impinge on the land acquisition exercise. The valuers were not
informed of any such notices except one property which has the caveat.
Nature and type of

affected assets
Identification of PAPs
Valuation of land
Landed properties in the road corridor comprises:- Farmland devoted to perennial crops such as coffee trees, banana
clusters, animal feed clusters such as Guatemala grass, shade
trees, fruit trees etc.
- Built land which has buildings used for shops, dwelling houses, etc,
and graves
A total of 1066 households will be affected. Based on the sample survey

data an estimated 6,000 PAPs will be affected by this project. The
sample data had an average of 6 persons per household.
The Land Act, No. 4 of 1999 defines land to include the surface of the
earth and the earth below the surface and all substances other than
minerals and petroleum forming part of or below the surface, things
naturally growing on the land, buildings and other structures
permanently affixed to land.
Until 1999 bare land in Tanzania had no realizable value to the Rights
of Occupancy holder. Transactions in bare land were undertaken under
the counter.
However, the situation has now changed subsequent to the enactment
of the Land Act, No. 5 of 1999, which recognizes that bare land has
value in exchange. It further emphasises the taking into account land
value in any transaction affecting an interest in land. It is this twist in the
land law which has enabled us to estimate the land values.
We have, in this appraisal, used the Comparative Method of valuation.
By this method the Valuer equates the value of the land under appraisal
to the value of a known Comparable Land whereby the latters value is
taken to the best price that can be obtained by the land being valued,
with due allowance made for value affecting differences between the
subject land and the comparable land such as:
Location
Level and amount of services provided
Accessibility
Plot size
Planning and zoning regulation
Parties to the transaction
Tenure and unexpired term
Time
This study has observed that, Value of land along this road corridor lie
in the production/income capacity. While some land is under perennial
crops and this considered more valuable, some land which is
considered unsuitable for the perennial crops is planted with grass to
feed the cattle which in turn produces milk, meat, and manure for the
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land with perennial crops. This symbiotic relationship makes land under
grass an important back of land under perennial crops and at the
sometime equally important to income generation for the household.
Valuation of buildings
We have in this appraisal, used the replacement cost method of

valuation, after failing to get reliable market data to enable us to use the
(preferable) comparative method. Using this approach, the value of
property is determined by first establishing the propertys replacement
cost, when new. Where it is not new, the replacement cost is then
depreciated to reflect accumulated obsolescence which the building or
structure has suffered as a result of passage time, use abuse, change
in taste, technology, wear and tear and any other adverse factors that
may make it less desirable to use. The remaining usefulness of the
property is observed and its value estimated in percentage terms.
Thus, Depreciated Replacement Cost is a proxy for market value which
heavily rests on the hypothesis that the purchaser would relate his bid
to the replacement cost of the same and make allowance for the above
stated adverse factors the property in question has been subjected to.
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9.3 Land Acquisition and Compensation in Tanzania

Under the existing land laws in Tanzania, land can be acquired by the state
for public purposes. There are several reasons that may necessitate the
State to take back land under occupation by its citizens. These will include:
Declaration of an area to be a planning area i.e urban
Public Purpose which may be defined as the need for

accommodating projects which are of interest to the Government or
society such as the road project at hand.
Special Projects like forestry, tourism etc.
The Land Acquisition Act. Na.47 of 1967 is the main piece of legislation that
governs land acquisition in Tanzania. It is the Mother Act when it comes to
land acquisition. The Land Act of 1999 has not amended any of the land
acquisition provisions in Land Acquisition act No. 47. However, the provisos
on assessment are elaborated by the Land Act 1999, Part II; Section 3(1)
paragraph g of the Land Act No.4 and 5 of 1999 which provides:
To pay full, fair prompt compensation to any person whose right of
occupancy or recognized long standing occupation or customary use of land
is revoked or otherwise interfered with to their detriment by the State under
this Act or is acquired under the Land Acquisition Act.
The Land (Assessment of the Value of Land for Compensations)

Regulations, 2001 made under Section179 of the Land Act No.4 of 1999
which became operational in May 2001 provide assessment of
compensation on land to be based on the following:
Market value of both Land and unexhausted improvements
Disturbance allowance
Transport allowance
Loss of profit
Accommodation allowance
Properties identified for acquisition under this project qualify for

compensation payment according to the provisions of the Land Acquisition
Act No.47 of 1967 the Land Act No.5 of 1999, and the African
Development Bank Policy on Involuntary Resettlement (2003). Further,
guidelines issued by the Client and agreed upon in negotiation meetings
and site visits were also considered particularly in determining project
Affected Persons.
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9.4 Applicable Allowances

A number of allowances are applicable, including (i) disturbance allowance, (ii) accommodation
allowance, (iii) loss of profit and (iv) transport allowance. These are described in more detail
below.
Disturbance allowance
Disturbance Allowance is payable as a percentage of land, buildings, crops

and any other development value in compliance with the provisions of the
Land Act of 1999. It is calculated by charging interest on the value of land
Buildings, crops and any unexhausted improvements by average
percentage rate of interest offered by commercial banks on fixed deposits
such as the 12 Months fixed deposit at the time of loss of interest in land.
Hence:
Disturbance allowance = (Land value + Building Value) x i. Where: i. =
interest rate offered by commercial banks on 12 Months fixed deposits.
In this valuation, the average rate of 5% per annum was used in calculating
disturbance allowance.
Under this Investment Project in Arusha Town we have estimated an
amount enough to acquire a standard high density plot for relocation within
the Ward and Village boundaries for each PAP. A typical high density plot
in the respective areas as follows:
Accommodation
allowance
Lemara ward and Engutoto (Njiro Area) would cost Tanzania

Shillings 20,000,000/= per high density plot with 400m2 at average
price of Tshs. 50,000/= per square metre.
Oloirien Village, Olasiti ward and Usariver urban periferal would cost
Tanzania Shillings 40,000,000/= per acre at average price of Tshs.
10,000/= per square metre.
Moshono Ward would cost Tshs. 30,000,000/= per acre at average

price of 7,500/= per square metre.
Terrat Ward, Mlangarini ward and Akeri Ward would cost Tshs.
20,000,000/= per acre at average price of 5,000/= per square metre
According to the Land (Assessment of the Value of Land for Compensation)

Regulations, 2001 Accommodation allowance is calculated by considering
market rents of affected properties. These are multiplied by 36 months
being the duration of constructing another house thus:
Accommodation Allowance = Rent/p.m. x 36 Months
Market rents were established through inquiries made in the locality where
land is acquired. Average market rents observed and used in determining
accommodation allowance are as follows:
Rooms for commercial use:
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A room in a modest house with utilities: TShs.40,000/= to 50,000 per

month
A complete unit House leased at Tshs 250,000 to 350,000 depending

on the multi- functions.
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Rooms for residential use:
Loss of profit
A room in a modest house with utilities: Tshs.30,000/= to 40,000/=
A room in low quality house with no utilities: Tsh.20,000/= to 25,000/=
Loss of profit allowance is assessed by establishing Net profit per month

multiplied by 36 Months. i.e
Loss of profit = Not Profit/p.m. x 36 months.
Loss of profit accruing from acquisition of properties within the acquisition
areas were established using information provided to us by property owners
and sub ward leaders. Such information is Hotel levy, Income Taxes paid in
previous months and rental values.
Transport allowance
Transport allowance is calculated by considering the actual cost of

transporting 12 tons of luggage by rail or road (whichever is cheaper) within
20 Kilometres from the point of displacement i.e.
Transport allowance = 12tons x Actual Cost/ton/km x 20km
Transport Allowance is computed on the basis of prevailing market rates
within an area. It is the average cost of transporting 12 tons over a distance
of 20km. The government rate was adopted that is transporting 1 tone for
every 1km at Tshs 1000. From our experience in similar projects,
establishing the weight of each PAPs belongings is not an easy task and is
likely to lead to inconsistencies which may be a source of complaints. We
therefore opted for adoption of a flat transport allowance rate of Tshs.
240,000/=.
This rate was calculated following detailed enquiries with owners of trucks in
Namanga on the current rates charged for transporting 12 tons within a
distance of 20kms and crosschecked by the government rent.
Note:
1. Transport, Accommodation and Loss of profits allowances are not payable for
unoccupied property
2. Transport allowance is not paid to PAPs owning crops only and/or incomplete
structures.
3. Transport allowance is paid to PAPs with graves on their land for transporting the dead
remains from the graves and relatives involved in reburial ceremony. So where the PAP
has habitable property and graves two sets of payment for transport are affected.
4. Accommodation Allowance and Loss of profit are not payable concurrently over the
same property. Unless the property is for both residential and commercial users. It
should further be noted that income from rent has been considered in determining loss of
profit.
5. Accommodation Allowance and Loss of profit are only payable to the property owner
and not tenant (s)
6. Loss of profit is not payable for animal sheds.
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7. Reduced Floor Area and Rate adjustments: Reduced floor area were used where
number of property sharing the same Plot and the Main building rate applied to other
buildings by reducing floor area of the Outbuildings depending on the relationship of
building materials and other factors. Where Outbuildings has no relation to the main the
adjusted rate are direct applied.
9.7 Valuation Summary

Given all the points discussed in the previous section, a total estimate of
valuation and compensation events) was made. This is summarized in table
9.1 below.
Table 9.1: Summary of valuation and compensation events
Road Section
Land
Values
Buildi
ng
Value
s
Cro
p
Val
ues
Distur
bance
Allowa
nce
Accomm
odation
Allowanc
e
Main alignment
1,225.75
806.8
2
9.8
1
102.12
50.76
Ring-road
8,961.36
4,775.
44
44
4.5
1
1,184.
13
205.92
Los
s of
Prof
it
Tran
sport
Allo
wan
ce
343.
80
4.08
645.
14
40.5
6
RAP
Implementation
RAP
Impleme
ntation
Costs
2,543.14
16,257.06
604.80
Total
10,187,11
5,582.
26
45
4.3
2
1,286.
25
256.68
988.
94
44.6
4
Total
Compensati
on
604.80
19,405.00
604.80
9.8 Budget for RAP Implementation

The following is the proposed budget for RAP monitoring and evaluation.
The key organizations that will be involved in RAP monitoring and
evaluation include NGO; internal consultant and external evaluation team.
The main budget items are: fees; transport; per diems and office stationery:
Table 9.2: RAP Budget

Budget Items in USD
Fees
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Transport
Perdiem
Stationery
Total
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NGO
72,000.00
36,000.00
72,000.00
2,000.00
182,000.00
Consultant
72,000.00
36,000.00
72,000.00
5,000.00
185,000.00
External
Evaluator
6,000.00
3,000.00
6,000.00
2,000.00
17,000.00
Total
150,000.00
75,000.00
150,000.00
9,000.00
384,000.00
Budget justification: Per diems: 200 USD per day; Fees: 6,000 USD per
month and transport: 100 USD Per day.
The total RAP budget is USD 384,000 which is equivalent to Tsh
604,800,000.00. This is at an exchange rate of Tshs 1,575 per 1 USD.
DTE80147T/RAP
Page 94of103
DTE80147T/RAP
Page 95of103
CHAPTER 10: IMPLEMENTATION SCHEDULES

Implementation of the RAP consists of several resettlement activities.
Efficient implementation of RAP activities requires several measures to be
taken prior to start-up of implementation. These include, amongst others,
setting up of relevant committees at district level, and hiring of NGO or
specific consultant.
In principle the project civil works may not start until all PAPs determined to
be entitled to compensation are compensated. Therefore land and asset
acquisition may only take place after compensation has been paid and
other assistance required for relocation prior to displacement been
provided.
The timeframe of 12 months on the implementation schedule ensures that
no PAP or affected household will be displaced due to civil works activity
before compensation is paid and is undertaken when all necessary
approvals have been obtained.
The following are key RAP implementation activities:
Surveys; PAPs identification and inventory of assets
Consultation with PAPs
Valuation of affected properties and establishment of cut-off date for

eligibility
Bank account opening
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 time of compensation payment) provided in writing; and
Monitoring and evaluation.
The RAP implementation schedule is illustrated below in Table 10.1.
DTE80147T/RAP
Page 96of103
Table 10.1: RAP implementation schedule

Task

Feb
Mar
Apr
May
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 of
PAPs
Disclosure of affected assets and claimants
Preparation of valuation methods
Holding of public hearings to verify entitlements and proposed valuation
methods
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
DTE80147T/RAP
Page 97of103
Jun
Jul
Aug
Sep
Oct
Nov
Dec
Jan
Task

Feb
Mar
Apr
May
Compensation to PAPs-payment through banks (for those getting or equal

to 400,000 Tsh)
PAPs informed by TANROADS/or consultant that funds have been
deposited into their accounts
District Administrative Assistant (DAS) prepares vouchers for payment for
PAPs getting less than TShs 400,000 to Regional Sub-Treasuries (RST)
RST prepares open checks for PAPs getting less than TShs 400,000 and
are sent back to DAS for delivery to PAPs
Consultant prepares record form for PAPs to sign upon receiving the check
Preparing relocation
Finalization of arrangements for grievances mechanisms
Land acquisition-Notice of COI clearance
Commencement of Works
Monitoring and Evaluation
DTE80147T/RAP
Page 98of103
Jun
Jul
Aug
Sep
Oct
Nov
Dec
Jan
DTE80147T/RAP
Page 99of103
CHAPTER 11: MONITORING AND EVALUATION

11.1 General Objectives of Monitoring and Evaluation
RAP implementation is one of the central components of this project.
Monitoring the progress and evaluating the success of the resettlement and
appropriate compensation of PAPs is critical to the success of this road
realignment project.
The monitoring and evaluation procedures will include external and internal
evaluation of the compliance of the actual implementation with objectives
and methods as agreed, and monitoring of specific situations.
11.2 Internal Monitoring

Project implementation unit and NGO will be responsible for internal
monitoring while the Consultants may provide technical assistance in
implementing RAP.
Monitoring will ensure the following:
DTE80147T/RAP
Verification of land acquisition, property valuation, and economic

rehabilitation whether these have been carried out as planned;
Information dissemination has been carried out;
Status of land acquisition and payments on land compensation;
Value of entitlements received is equal to the original structure or

land acquired;
Use of entitlements and its misuse;
Compensation of affected structures and other assets;
Relocation of PAPs if applicable;
Payments for loss of incomes;
Implementation of rehabilitation measures;
Effective operation of grievances Committee;
Funds for implementing land acquisition and economic rehabilitation

activities are available in timely manner, are sufficient for the
purpose and spent according to Plan;
The Consultants shall submit reports on monthly basis documenting

the RAP progress implementation;
Project Unit shall be responsible for monitoring day to day

resettlement activities;
Performance data sheet shall be developed to monitor at the field

level; and
The Consultants shall be responsible for overall project level

monitoring.
Page 100of103
The following verifiable indicators will be used to monitor and evaluate the
implementation of resettlement and compensation plans:
Table 11.1: Monitoring Indicators

No.
Issue /Impact
Monitoring Indicator
Physical loss of building, land, plot,

crops
Number of PAPs compensated
Number of Bank Accounts opened
Number of Buildings demolished
Number of PAPs able to establish predisplacement activities, land, crops
Number of community properties relocated
Number of trees cleared
Number of PAPs compensated
Number of PAPs resuming business at predisplacement level or better
Number of community properties relocated
Financial loss of business
Loss of social services

Churches, mosques, etc)
Psychological loss
Number of PAPs paid relevant allowances
Sociological loss
Number of vulnerable individuals supported
Grievances
Number of grievances received
Number of grievance resolved
Number of consultations held
Consultation
DTE80147T/RAP
(e.g.
Page 101of103
11.3 External Monitoring

External monitoring shall be engaged by TANROADS to carry out
independent bi-annual review of RAP implementation and project
evaluation. External monitoring and evaluation can be done by independent
researcher, consulting agency, university department or an NGO. External
monitoring will focus on the following:
DTE80147T/RAP
Verifying whether the objectives of enhancing or at least restoring

the income levels and standard of living of PAPs have been met;
Suggest modification in land acquisition and economic rehabilitation

where necessary to achieve objectives;
Assess if all resettlement and land acquisition have been

completed;
Verification of internal monitoring;
Demographic baseline and bi-annual household survey to monitor

progress from pre-project, pre-settlement benchmarks;
Evaluation of delivery and impacts of entitlements to determine if

they are as per approved RAP;
Evaluation of consultation and grievances procedures especially at

the level of public awareness of grievances procedures; access by
PAPs and households to information and rapid conflict resolution;
Evaluation of actual operation of grievances committee in assisting

PAPs as required and acting as observers; and
Declaration of successful implementation of RAP.
Page 102of103
11.4 Evaluation
The following are the objectives of the evaluation:
1. General assessment of the compliance of the implementation of the
Resettlement Action Plan with general objectives and methods as
set in this document;
2. Assessment of the compliance of the implementation of the
Resettlement Action Plan with laws, regulations and safeguard
policies;
3. Assessment of the consultation procedures that took place at
individual and community level, together with the Central
Government and Local Government levels in Tanzania;
4. Assessment of fair, adequate and prompt compensation as they
have been implemented;
5. Evaluation of the impact of the compensation on income and
standard of living;
6. Identification of actions as part of the on-going monitoring to improve
the positive impact of the programme and mitigate its possible
negative impact if any.
11.5 Reporting Requirements

The following are the suggested reporting requirements:
DTE80147T/RAP
The Consultants shall prepare monthly and quarterly reports on

RAP progress implementation to TANROADS and the African
Development Bank.
The Consultants responsible for supervision and implementing the

RAP will prepare monthly progress report on resettlement progress
activities;
External monitoring agency will submit bi-annual reports directly to

TANROADS and the AfDB which will be used by TANROADS and
the AfDB to determine whether or not the RAP goals are being (or
have been) achieved and whether the livelihoods of the PAPs have
been restored. This will be used to make recommendations for
improvement and corrective actions.
Page 103of103

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[Logo du client]

Feasibility Studies and Detailed Design of the

Resettlement Action Plan (Tanzanian side)

Historique des modifications

Formatting and minor edits

Prof Paul MANDA

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

Arusha-Holili/Taveta-Voi Rd: Resettlement Action Plan (Tanzanianside)

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

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

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

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

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

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

Arusha-Holili/Taveta-Voi Rd: Resettlement Action Plan (Tanzanianside)

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

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

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

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

The Land Acquisition Act 1967 ............................................................................................68

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

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

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

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

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

Arusha-Holili/Taveta-Voi Rd: Resettlement Action Plan (Tanzanianside)

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

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

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

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

Annex I: RAP Questionnaire

Arusha-Holili/Taveta-Voi Rd: Resettlement Action Plan (Tanzanianside)

Acronmys and Abbreviations

African Development Bank

Community Based Organization

East African Community

Environmental and Social Impact Assessment

Operational Policy (of the World Bank)

Project Affected Person

Resettlement Action Plan

Arusha-Holili/Taveta-Voi Rd : Resettlement Action Plan (Tanzanianside)

Arusha-Holili/Taveta-Voi Rd : Resettlement Action Plan (Tanzanianside)

Arusha-Holili/Taveta-Voi Rd : Resettlement Action Plan (Tanzanianside)

Provision of secondary employment opportunities for the local

The additional work force on the road construction activities will

The increased income generation activities will provide especially for

The project is anticipated to have some negative impacts which however

loss of property with negative impacts on the livelihoods of the

vulnerable groups will be affected more.

inability to find equally productive land.

inability to find equally prime business area.

Arusha-Holili/Taveta-Voi Rd : Resettlement Action Plan (Tanzanianside)

TANROADS will implement and oversee RAP

TANROADS will support sensitization of stakeholders on RAP,

Local Government Authorities will sensitize communities on RAP,

Communities, Villages, ward, affected groups - as the final owner of

TANROADS and special departments shall have the overall

Independent NGOs and other stakeholders may be engaged to

External Audits shall include the evaluation of the implementation of the

Resettlement conditions where relevant;

Consultation on compensation options, process and procedures;

Adequacy of compensation; and