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World Bank Document Public Disclosure Authorized THE UNITED REPUBLIC OF TANZANIA MINISTRY OF LANDS, HOUSING AND HUMAN SETTLEMENTS DEVELOPMENT Public Disclosure Authorized ENVIRONMENTAL AND SOCIAL MANAGEMENT FRAMEWORK (ESMF) Public Disclosure Authorized FOR LAND TENURE IMPROVEMENT PROJECT (LTIP) DRAFT Public Disclosure Authorized April 2020 DODOMA 1 Environmental and Social Management Framework –Land Tenure Improvement Project (LTIP) Definition of Terms Adjudication: Is the process through which existing rights in a particular parcel of land are finally and authoritatively ascertained. Certification processes – Procedures involved in certifying land use rights according to the 1999 Village Land Act and 1999 Land Act. Contractor –a person or company that is hired on a contractual basis to complete a specific set of tasks for which they are paid according to the contract. Demarcation – Identification and marking of land parcel boundaries involving also confirmation with neighbours. Environmental and Social Management Framework - An instrument that examines the issues and impacts associated when a project consists of a program and/or series of activities, and the impacts cannot be determined until the program or activities details have been identified. The ESMF sets out the principles, rules, guidelines and procedures to assess the environmental and social impacts. It contains measures and plans to reduce, mitigate and/or offset adverse impacts and enhance positive impacts, provisions for estimating and budgeting the costs of such measures, and information on the agency or agencies responsible for addressing project impacts. The term "Environmental Management Framework" or "EMF" may also be used. Environmental Degradation- Modification of a critical or other natural habitat that substantially reduces the habitat's ability to maintain viable populations of its native species. Free, Prior and Informed Consent (FPIC) - refers to the process, under certain specific circumstances whereby Vulnerable Groups, will be consulted in good faith based on sufficient and timely information concerning the benefits and disadvantages of a project and how the anticipated activities occur. Consent refers to the collective support of affected VG for the project activities that affect them, reached through a culturally appropriate process. Formalization –a simplified process of conducting an inventory of land parcels as they are without surveys or adjustments to conform with basic planning standards, determine who occupies each parcel, document such occupation and enter it into a public registry. Gender Sensitive/Equity in this context implies seeking to understand and give consideration to socio- cultural norms and discriminations in order to acknowledge the different rights, roles and responsibilities of women and men in the community and the relationships between them, while ensuring that women are able to access land rights. General Land- means all public land which is not reserved land or village land. i Environmental and Social Management Framework –Land Tenure Improvement Project (LTIP) Grievance Redress Mechanism – A mechanism to receive and facilitate resolution of concerns and grievances promptly, effectively and in a transparent manner that is culturally appropriate and accessible without retribution. Livelihood - refers to the full range of means that individuals, families, and communities utilize to make a living, such as wage-based income, agriculture, fishing, foraging, pastoralism, hunting/ gathering natural resources and other natural resource-based livelihoods, petty trade, and bartering. Marginalized Groups - Refers throughout these documents to women, people living disabilities, people living with albinism, youth and children who as may be discriminated against on the basis of these characteristics. In addition, pastoralists and hunter-gatherers may be considered to be marginalised. Meaningful Consultation refers to provide stakeholders with timely, relevant, understandable and accessible information, and consult with them in a culturally appropriate manner, which is free of manipulation, interference, coercion, discrimination and intimidation. Participatory Land Use Management Team (PLUM) – a team of district-level officials that has the role of overall supervision of all activities pertaining to land use in the respective district. Peri-Urban Area- an area which is within a radius of ten kilometres outside the boundaries of an urban or semi built up area or within any large radius which may be prescribed in respect of any particular urban area by the Minister'' Pollution refers to any direct or indirect alteration of the physical, thermal, chemical, biological, or radio-active properties of any part of the environment by discharging, emitting, or depositing of wastes so as to adversely affect any beneficial use, to cause a condition which is hazardous to public health, safety or welfare, or to animals, birds, wildlife, fish or aquatic life, or to plants or to cause contravention of any condition, limitation, or restriction which is the subject to a licence under this Act’ (EMA 2004). Public Right of Way: (a) a right of way created for the benefit of the Government, a local authority, a public authority or any public corporate body to enable all such organizations, authorities and bodies to carry out its functions. Such rights of way are often referred to as a “way leave”; or (b) a right of way created for the benefit of the public, often referred to as a “communal right of way”. Rangelands - Extensive areas of land that is occupied by native herbaceous or shrubby vegetation which is grazed by farm animals and wild animals. Registration – Procedures for officially recording land rights provided under the Land Registration Act, Cap. 334. ii Environmental and Social Management Framework –Land Tenure Improvement Project (LTIP) Regularization -a process of public intervention where informal, unplanned occupation of land is legalized, giving occupiers legal rights to the land and bringing the land into compliance with applicable urban planning standards. Reserved land - Land reserved for: forestry; national parks; public game parks; game reserves; public utilities, land declared by order of the minister to be hazardous; public recreation grounds; and land parcels within a natural drainage system from which water basins originate. Resettlement – Project-related land acquisition or restrictions on land use may cause physical displacement (relocation, loss of residential land or loss of shelter), economic displacement (loss of land, assets or access to assets, including those that lead to loss of income sources or other means of livelihood), or both. The term (involuntary) resettlement refers to these impacts. Resettlement is considered involuntary when affected persons or communities do not have the right to refuse land acquisition or restrictions on land use that result in displacement. Residential License -confers upon a long-term occupant the legal right to occupy General or Reserved land in an unplanned urban or peri-urban area for a defined period of time. Stakeholders - persons or groups who are directly or indirectly affected by a project, as well as those who may have interests in a project and/or the ability to influence its outcome, either positively or negatively. These may include but not limited to Government ministries and institutions, private sector, local communities, civil society organisations and Vulnerable Groups. Stakeholder Participation - refers to meaningful involvement of people regarding all relevant rights, benefits or impacts throughout the process, and includes meaningful consultation. Supervision Consultancy - Responsible for supervising construction activities undertaken by contractors on behalf of the construction unit at the MLHHSD Village Land Use Management Team (VLUM) – a group of village-level officials has the statutory role of overall supervision of all activities pertaining to land use in the respective village. Voluntary Land Donation - Land rights or claims to land or resources relinquished by individuals or communities without full payment of compensation, subject to fulfilling a number of conditions. Vulnerable Groups - these are five known tribal groups which meet the World Bank criteria outlined in Environmental and Social Standard (ESS07. These groups include the Maasai, Akie, Barabaig, Hadzabe, and Sandawe. iii Environmental and Social Management Framework –Land Tenure Improvement Project (LTIP) EXECUTIVE SUMMARY The Government of Tanzania (GoT) through her Ministry for Lands, Housing and Human Settlements Development (MLHHSD) has requested the World Bank for her financial support for Land Tenure Improvement Project (LTIP). The project aims at increasing security of land rights and efficiency in land administration in both urban and rural settings. It will promote land-based investments and ensures inclusion for social economic development in both urban and rural areas. The project will be implemented through four components namely (1) Increased Tenure Security (2) improved Land Information Management (3) Institutional Strengthening and Skills Development and (4) Project Management, Monitoring and Evaluation (M&E). This ESMF is prepared following World Bank Environmental and Social Framework (ESF) requirements and Country environmental and land administration policies, legislations, regulation and guidelines on land certification and registration and construction works. The LTIP project is building up
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