Resettlement Management Framework

1. Resettlement Management Framework info@tansheq.com www.tansheq.com

2. Involuntary Resettlement Resettlement is involuntary when it occurs without the informed consent of the displaced persons or if they give their consent without having the power to refuse resettlement.

3. Involuntary Resettlement (2) • Resettlement is prepared in accordance with the • Government of Tanzania (institution/project) Resettlement Policy Framework and the • World Bank’s Involuntary Resettlement Policy OP/BP 4.12 • The World Bank policy applies to all components of the project that result in involuntary resettlement, regardless of the source of financing.

4. Objectives of Resettlement Aims of resettlement are: • Design and implement resettlement as a sustainable development program; • Consult displaced persons meaningfully and provide them opportunities to participate in planning and implementing resettlement plans; and • Assist displaced persons in their efforts to improve their livelihoods and standards of living or at least to restore them, in real terms, to pre-displacement levels.

5. Impacts Covered by Resettlement Management Framework • Relocation of loss of shelter; • Loss of assets or access to assets; • Loss on income sources of means of livelihood (whether or not the affected persons must move to another location); and • Involuntary restriction of access to legally designated parks and protected areas resulting in adverse impacts on the livelihoods of the displaced persons

6. Examples of impacts covered and those not covered by Resettlement Management Framework

7. Best Practice for Requirements of Resettlement • Consultations and information (to inform project affected persons about): • Project-related developments; and • their options and rights pertaining to resettlement • Provided technically and economically feasible resettlement alternatives, and consult people on offered choices • Provide assistance during relocation • To provide prompt and effective compensation at full replacement cost for losses of assets attributable directly to the project

8. Best Practice for Requirements of Resettlement (cont.) • To provide with residential houses, or housing sites, social services and/or agricultural sites, as required, at least to the advantages of the old site • Offered support after displacement, for a transition period, based on a reasonable estimate of the time likely to be needed to restore their livelihood and standards of living • Provide with development assistance in addition to compensation measures, such as land preparation, training, job opportunities, etc.; • Include the total costs of resettlement activities in the total costs of the project.

9. Eligibility for Resettlement • The borrower must carryout a census to identify the PAPs and to determine who will be eligible for assistance. A cut-off date is established and informed to affected people • Those who have formal legal rights to land (including customary and traditional rights) • Those who do not have formal legal rights to land at the time the census begins but have a claim to such land or assets (a recognized claim in the country) • Those who have no recognizable legal right or claim to the land that they are occupying

10. Eligibility for Resettlement (2) • Persons under bullet 1 and 2 are provided compensation for the land and other assistance • Persons under bullet 3 are provided resettlement assistance to achieve the objectives of the policy

11. Resettlement Instruments • Resettlement [Action] Plan (RAP) • Abbreviated Resettlement Plan • Resettlement Policy Framework • Process Framework

12. Resettlement Action Plan • When it is possible to determine displacing population during project preparation Abbreviated Resettlement Plan When affected people are not physically displaced and less than 10% of their productive assets are lost, or fewer than 200 people are displaced

13. Resettlement Policy Framework • In sectoral projects or financial intermediary projects or a project with multiple subprojects where population to be displaced not known during project preparation Process Framework For projects involving restriction of access to legally designated parks and protected areas resulting in adverse impacts on the livelihoods of affected people

14. Compensation in Tanzania • The holder of the Right over the Land is required by the Law to be compensated for his/her land & developments thereon. Tanzania land Laws provide for payment of FULL, FAIR and PROMPT Compensation [The Land Act No.4 & The Village Land Act No.5 both of 1999 under S.3 (1)g]

15. Compensation in Tanzania (2) Valuation must be carried out by qualified valuer (Government/Private Valuers) with Land management /valuation profession

16. Principles of Valuation for Compensation In Tanzania • Fair compensation: Actual Market Value of land & unexhausted improvement thereon that leave Claimant in the similar situation as was before acquisition – “not be better of or worse of’. Fair to Claimant and Compensating authority • Full compensation: Considering market value of Land, Crops & other development permanently attached to the land • Prompt compensation: Payment to be effected within six (6) months from the date of valuation

17. AssetsConsideredfor Compensation in Tanzania • Value of unexhausted improvements • Allowances

18. AssetsConsidered for Compensation in Tanzania (2) • Value of unexhausted improvements • Land value (surface of earth except underneath minerals); • House and/or other permanent developments, crops/trees (annual and perennial); • Graves & shrines; and • Any other structures with cost reflection - wells, cattle sheds, fences, latrines, irrigation structures etc

19. AssetsConsideredfor Compensation in Tanzania (3) • Allowances • Disturbance allowance [Average interest rate offered by commercial banks on fixed deposits x Assessed value of (Land + Buildings and/or Permanent Structures +Crops and/or Trees)]; and • Loss of Accommodation (Prevailing monthly Rental value of a room (consider number of rooms) or house x 36months) (Accommodation and Transport Allowances are not assessed to incomplete/ under construction or inhabitable property)

20. AssetsConsidered for Compensation in Tanzania (4) • Other verifiable costs (Cost of such as premium, survey costs, water & electric utility costs, gardening and other site works etc.) • Loss of Profit (Monthly Net Profit of audited business x36months Or Monthly Cost of Renting a business room (consider similar rooms) or House x 36 Months) • Transport Allowance (Actual cost of Transporting 12tons of luggage (by railway or roads –which ever is cheaper) x distance of 20km from the point of Displacement)

21. Types of Compensation Tanzania Land Laws provide two forms of compensation that can be opted to: • Monetary compensation: Issued in form of CASH or CHEQUE (most practiced in Tanzania). • In Kind Compensation

22. In Kind Compensation • Land or parcel of Land with equal potential as that acquired • Building(s) with equal potential as the former one acquired • Plants & seedlings for agro-related activities • Access to communal Assets e.g. Water, Grazing land, etc • Regular supplies of grain & other basic food staffs for specified time • Any other kind as can be agreed

23. Compensation Eligibility • Tanzania Land Laws consider the following people eligible for compensation; • Holder(s) of land with formal Legal rights- Granted/CCROs • Holder(s) of land under customary ownership. • Those obtained through transfer of R/O or CCRO. • Those who affected by relocation e.g. hazardous lands. • Holder(s) of land affected by Scheme of regularization.

24. Comparisons btnTanzanian Law and WB OP 4.12

25. Tansheq’s Capability in Management of Social Impacts Tansheq’s team has practical experience in both planning and implementing land access, resettlement, livelihoods and other social impacts and risks on projects. Ultimate goal is to give your project a social capital to operate Contact us at +255 713 695 552 info@tansheq.com lusako@tansheq.com www.tansheq.com