RP517
REVOLUTIONARY GOVERNMENT OF ZANZIBAR Public Disclosure Authorized Public Disclosure Authorized
Ministry of Education And Vocational Training
------MoEVT------
Public Disclosure Authorized
ZANZIBAR SECONDARY EDUCATION DEVELOPMENT PROGRAM (ZSEDP)
RESETTLEMENT POLICY FRAMEWORK (RPF)
ND
Public Disclosure Authorized JANUARY 22 2007 TABLE OF CONTENTS
GLOSSARY OF KEY TERMS...... 3
1 1. INTRODUCTION ...... 6 2. PROJECT DESCRIPTION...... 10 3. LAND ACQUISITION AND LIKELY CATEGORIES OF IMPACT ...... 20 4. PRINCIPLES AND OBJECTIVES GOVERNING RESETTLEMENT PREPARATION AND IMPLEMENTATION...... 25 5. DESCRIPTION OF THE PROCESS FOR PREPARING AND APPROVING RESETTLEMENT PLANS...... 31 6. ELIGIBILITY CRITERIA FOR DEFINING VARIOUS CATEGORIES OF PROJECT AFFECTED PERSONS...... 38 7. A LEGAL FRAMEWORK REVIEWING THE FIT BETWEEN THE LAWS AND REGULATIONS OF THE REVOLUTIONARY GOVERNMENT OF ZANZIBAR AND BANK POLICY REQUIREMENTS AND MEASURES PROPOSED TO BRIDGE ANY GAPS BETWEEN THEM...... 46 8. METHODS OF VALUING AFFECTED ASSETS...... 48 9. ORGANIZATIONAL PROCEDURES FOR THE DELIVERY OF ENTITLEMENTS, INCLUDING, FOR PROJECTS INVOLVING PRIVATE SECTOR INTERMEDIARIES, THE RESPONSIBILITIES OF THE FINANCIAL INTERMEDIARY, THE GOVERNMENT, AND THE PRIVATE DEVELOPER...... 60 10. DESCRIPTION OF THE IMPLEMENTATION PROCESS, LINKING RESETTLEMENT IMPLEMENTATION TO CIVIL WORKS...... 62 11. A DESCRIPTION OF GRIEVANCE REDRESS MECHANISMS...... 65 12. A DESCRIPTION OF THE ARRANGEMENTS FOR FUNDING RESETTLEMENT AND COMPENSATION, INCLUDING THE PREPARATION AND REVIEW OF COSTS ESTIMATES, THE FLOW OF FUNDS, AND CONTINGENCY ARRANGEMENTS...... 69 13. A DESCRIPTION OF MECHANISMS FOR CONSULTATIONS WITH, AND PARTICIPATION OF, DISPLACED (ECONOMICALLY OR PHYSICALLY) PERSONS IN PLANNING, IMPLEMENTATION, AND MONITORING...... 70 14. ARRANGEMENTS FOR MONITORING BY THE IMPLEMENTATION AGENCY AND, IF REQUIRED, BY INDEPENDENT MONITORS...... 73 ANNEX A: FIELD ITINERARY IN ZANZIBAR ...... 78 SCREENING CHECKLIST...... 94
GLOSSARY OF KEY TERMS
1 Cut - off Date – refers to a day on and beyond which any person who occupies land required for project use, will not be eligible for compensation. The date is often the day when the assessment of persons and their property in the project area commences.
2 Environmental and Social Management Framework (ESMF) - report is a safeguards instrument (document) which establishes a mechanism to determine and assess future potential environmental and social impacts of SEDP funded activities in the secondary school construction program, and then to set out mitigation, monitoring and institutional
2 measures to be taken during design, implementation and operation of the project activities to eliminate adverse environmental and social impacts, offset them, or reduce them to acceptable levels. This instrument has been prepared as a separate and stand- alone document to be used in conjunction with the RPF.
3 Market rate – based on commercial terms according to Zanzibar law for sale of land.
4 Project Affected Person(s) (PAPs)– are persons affected by land use or acquisition needs of the School Boards. These person(s) are affected because they may lose shelter, lose, denied, or restricted access to economic assets, income sources, or means of livelihood. These persons are affected whether or not they must move to another location.
5 Resettlement and Compensation Plan (RAP), is also known as a Resettlement Action Plan or Resettlement Plan – is a resettlement instrument (document) to be prepared when school locations are identified, that require land acquisition that leads to physical displacement of persons, and/or loss of shelter, and /or loss of livelihoods and/or loss, denial or restriction of access to economic resources. RAPs are prepared by the party impacting people and livelihoods (in this case the school boards) in this manner and contain specific and legal binding requirements to be taken by that party to resettle and compensate the affected party before project activities causing this adverse impact are implemented.
6 Resettlement Policy Framework (RPF): The RPF has been prepared as a resettlement instrument to be used throughout the ZSEDP implementation. The RPF will be disclosed to set out the resettlement and compensation principles, organizational arrangements and design criteria to be applied to meet the needs of the people who may be affected by the program. The RAP is prepared consistent with the provisions of the RPF.
ABBREVIATIONS AND ACRONYMS ADB African Development Bank AKF Aga Khan Foundation AWPB Annual Work Plans and Budgets BADEA Arab Bank for Economic Development in Africa CAG Controller and Auditor General EMIS Education Management Information system EU European Union GDP Gross Domestic Product GER Gross Enrollment Rate IBRD International Bank for Reconstruction and Development ICB International Competitive Bidding IDA International Development Agency IFC International Finance Corporation IFR Interim Financial Report ISDS Integrated Safeguards Data Sheet MKUZA Zanzibar’s Poverty Reduction Strategy Plan MoEVT, URT Ministry of National Education and Vocational Training United Republic of Tanzania MoEVT Ministry of Education and Vocational Training (Zanzibar) MoFEA Ministry of Finance and Economic Affairs
3 MoF URT Ministry of Finance, United Republic of Tanzania NAO National Audit Office NER Net Enrollment Rate NECTA National Examination Council of Tanzania (Zanzibar) PCN Project Concept Note PCU Project Coordination Unit PEFAR Public Expenditure and Financial Accountability Review PRSC Poverty Reduction Support Credit RGZ Revolutionary Government of Zanzibar SBD Standard Bidding Documents SEDP Secondary Education Development Program SEIA Secondary Education in Africa Initiative Sida Swedish International Development Agency SUZA State University of Zanzibar SWAp Sector Wide Approach TIE Tanzania Institute of Education ToT Training of Trainers TTC Teacher Training College UNESCO United Nations Education, Scientific and Cultural Organization UNFPA United Nations Population Fund UNICEF United Nations Children’s Fund USAID United States Agency for International Development ZESC Zanzibar Education Sector Committee ZESCSR Zanzibar Education Sector Country Status Report
Acting Vice President: Hart Schafer Country Director: Judy O’Connor Sector Manager: Dzingai B. Mutumbuka Task Team Leader: Ivar Strand
4 1. INTRODUCTION
1.1 Overview
The Revolutionary Government of Zanzibar (RGZ) has requested loans or credits from the World Bank for the implementation of the proposed Zanzibar Secondary Education project.. This report is the Resettlement Policy Framework (RPF) to be used jointly for the project, in order to ensure that the World Bank involuntary resettlement safeguard (OP4.12), and Revolutionary Government of Zanzibar requirements, are adequately addressed by the project.
1.2 Benefits of the ZSEDP Project
The ZSEDP will focus on four main outputs namely: (i) Improved access to and equity in secondary education; (ii) Improved quality of secondary education; (iii) Capacity Building for the education system; and (iv) HIV/AIDS, Gender and Environmental Awareness and Sensitization.
The core components involving infrastructure development include;- Component focused on improving access and equity to Secondary Education through:-
(i) Construction of 10 model secondary schools. The model schools to be established in all ten districts of Zanzibar will enroll high academic achievers in each district.
(ii) Construction of 100 classrooms. The project will construct 100 classrooms, providing a total of 4,000 class spaces in schools where very little provision currently exists or the facilities are dilapidated and the structures temporary. Thirty science laboratories, 10 computer labs, 10 libraries, 10 administrative blocks, toilet facilities and water and 20 staff houses will also be built.
(iii) Rehabilitation of seven secondary schools; four of them situated in Stone Town and three in Pemba.
5 (iv) In order to increase the supply of teachers especially for Pemba, the project will support Construction of a new facility at at Mchangamdogo, in Northern Pemba. The college will have 12 classrooms, 3 well-equipped laboratories, computer room, multipurpose workshop and hall, library and bookstore, toilets and administration block and hostel facilities to accommodate about 200 students.
(v) Other components will focus on Quality Improvement through provision of inputs aimed at improving the quality of education through provision of textbooks, reference books, equipment, and training of teachers through both pre-service and in- service training and improving the capacity of the teacher training institutions. To enhance the quality of teaching at the secondary level, the project will provide support for pre-service and in-service training of teachers over a five year period.
The components of the project are described in more detail in Chapter 2. However, since the final locations for these new schools are as yet to be decided upon and approved, Operational Policy 4.12 of the World Bank requires the RGZ to prepare Resettlement Policy Framework (RPF) to screen for and manage the land acquisition process displacement and final relocation of project affected people (PAPs). The expansion component of ZSEDP project will carry some risks of localized, adverse environmental and social impacts. In particular, there may be physical displacement of households, varying in significance according to the size and location of the each school project. Therefore a well-articulated Resettlement Policy Framework (RPF) is required to provide clear guidelines on how the project will avoid, manage or mitigate potential displacement impacts associated with the project activities.
The RGZ is further required to disclose the RPF document in-country as a stand alone document so that it can be accessed by the general public, local communities, potential project-affected people/groups, local NGO’s and all other stakeholders as well as at the Infoshop of the World Bank.
1.3 purpose of the Resettlement Policy Framework
The purpose of the RPF is to establish the resettlement and compensation principles, organizational arrangements, and design criteria to be applied to meet the needs of the people who may be affected by the ZSEDP project especially land acquisition to facilitate the construction of the Secondary Schools and Teachers Training College.
1.3.1 Possible Types of Resettlement The ZSEDP project may result in two possible types of resettlement: economic resettlement and physical resettlement. i. Economic Resettlement, Economic resettlement may be undertaken when sections of land used or whose resources are accessed by a particular person or group of people is earmarked or acquired, but the household is not displaced entirely. This is likely to be the main mode of resettlement resulting from the project: because most new school constructions will be undertaken on government land save for temporary users. Under such circumstances, economic resettlement
6 will be undertaken to compensate individuals and or families for the loss of food crops, trees, fruits and other economic plants that such people or families planted on such land. ii. Physical resettlement, Physical resettlement may be undertaken when the entire land and buildings of a household are acquired, resulting in total displacement of a project affected household. This type of resettlement is not likely to be widespread, because most new schools will be constructed on government land while the rehabilitation of existing/old schools will be restricted to existing school compounds.
1.3.2 Reasons for the Use of a ‘Resettlement Policy Framework’ The exact location, of school construction sites are not yet determined and approved by the department of Lands and the MoEVT, hence it is not possible to estimate the numbers of PAPs at this stage, and it is not possible to prepare full Resettlement Action Plans. Accordingly this Resettlement Policy Framework has been developed as the most appropriate tool at this stage, providing clear guidelines on how the projects will avoid, manage or mitigate potential displacement impacts. The preparation of Resettlement Action Plans (RAPs) is likely to be required once the approved locations of proposed schools are determined and the extent of displacement impact is measurable. The process for preparing a RAP is outlined in Chapter 5 of this RPF report.
1.4 Preparation of the Resettlement Policy Framework
The Resettlement Policy Framework (RPF) addresses the needs of those who might be affected when a school construction/rehabilitation causes the involuntary taking of land and other assets resulting in: (a) relocation or loss of shelter, (b) loss of assets or access to assets (c) loss of income sources or means of livelihoods, whether or not the affected person must move to another location. The RPF has been prepared as a stand alone and separate documents undertaken in Zanzibar (the isles of Unguja and Pemba) between the dates of 8th to 21st December 2006.
1.5 Activities Completed in Preparation of the RPF
Activities completed during the preparation to date include:
i. Familiarization with background documentation; ii. A field visit to proposed ZSEDP project sites in both Ungunja and Pemba and including meetings with Field Officers, CBO representatives and other stakeholders, and visits to existing projects; iii. Meetings with project staff in the Ministry of Education and Vocational Training and other relevant arms of the Revolutionary Government of Zanzibar. iv. Preparation of this RPF report.
This RPF governs all activities funded under the ZSEDP, and is to be used in conjunction with the Environmental and Social Management Framework (ESMF) that has also been prepared for this project as a separate stand alone document, also to be disclosed at the Bank info shop and in Zanzibar
7 2. PROJECT DESCRIPTION
2.1 Key Development Issues and Rationale for Bank involvement
Statistics show that Zanzibar’s economic growth is on the rise with a three year average of 6% and a GDP per capita of $ 300 by 2004. Tourism is growing rapidly and Zanzibar’s unique history and environment provide it with “name recognition” internationally and the number of African and international visitors is growing each year. However, Tanzanians on the Isles are not participating in the numbers expected, largely because they do not have the required skills, particularly in English. In addition, skills in mathematics and science are limited and inadequate to serve the needs of a modern economy. It is estimated that 22% of the population live in poverty and this is distributed unevenly throughout the islands with up to 60% living in poverty in some rural areas. Zanzibar’s Poverty Reduction Strategy Plan (MKUZA) has three clusters of activities: Growth and reduction of income poverty; Improved social well-being and access to quality social services with emphasis on the poor men and women and vulnerable groups; and Good governance and national unity. In regard to education the MKUZA objectives are: to ensure equitable access to demand-driven quality education which is gender responsive.
Currently education spending is in the range of 4.0 – 4.5% of GDP and about 18.5% of government spending. Gross enrolment rates at primary school is about 100% (with about 80% net enrollment). The Revolutionary Government of Zanzibar (RGZ) has analyzed the major constraints and challenges affecting the education sector and published this in 2005 as the Zanzibar Education Sector Country Status Report (ZESCSR). Subsequently, secondary education was identified as the most urgent priority for reform. At secondary level, ZESCSR identified the following issues:
1 Inadequate access. Only three new designated secondary schools have been built since independence and none have been built for the past fifteen years! Most of the schools operate double-shift and, despite this, average class size is over 60.
2 Poor English language proficiency. The language of instruction in primary school is Kiswahili and many students are unable to cope with the transition to teaching in English at secondary level. In addition, many secondary teachers have poor skills in English.
3 Under-qualified and unqualified teachers. Only 58% of the teachers in secondary schools are qualified and there are acute shortages of teachers in English, mathematics and science. In addition, teachers are deployed inefficiently.
4 Lack of teaching/learning materials. MoEVT does not provide textbooks, and laboratory and ICT equipment is in very short supply.
Based on the ZESCSR, MoEVT has developed a new Zanzibar Education and Training Policy which addressed structure and focus for education and has been approved by the Zanzibar House of Representatives. The current system of basic education for all has seven years of primary and three years of secondary education. Upon completion of basic education about 40% of students
8 go on to two years of secondary school and sit for O-level examinations and a further 25% of the most academically successful of these go on to A-level. Currently, the language of instruction in primary school is Kiswahili, and in secondary school is English. The new system will have two years of preschool education for all and retain the ten years of primary and lower secondary education for all but the system will be organized into six years of primary and four years of lower secondary education. It is intended that all children will complete lower secondary and sit for O-level examinations. The new system also recognizes the importance of English language, mathematics and science. Children will be taught mathematics, social studies and science through English in the last two years of primary school. It is MoEVT’s intention also to improve teacher preparation for secondary schools by increasing the number of places on diploma and degree courses and requiring teachers teaching in the first two years of secondary school to have a diploma and in the next two years to have a degree. The latter will be phased in gradually.
Following the decision by the Government of the United Republic of Tanzania not to include Zanzibar in the Secondary Education Development Program (SEDP approved by the Board in June, 2004) but to develop a separate program for Zanzibar, the MoEVT prepared the Secondary Education Development Programme in October 2005 and asked the World Bank to lead external partners in their analytical work and dialogue with RGZ. The Government is in the process of developing a Sector Wide Approach (SWAp) in education in which the World Bank and other development partners are involved. However, to address urgent needs in secondary education Government has asked the World Bank to spearhead support for secondary education through a separate investment credit. The project objectives and interventions are fully consistent with the full sector-wide program under development and is expected to further help consolidate the SWAP concept. Preparatory studies are also coordinated with those for the SWAp. A few other donors have started discussions on support for secondary education, although specific financial contributions may take some time to materialize.
1 Proposed Project Development Objectives The development objective is to improve completion of lower secondary education with successful performance among students.. Quantitative indicators will be chosen which can measure the number of children, disaggregated by gender, taking and passing the O-level examination.
Recognizing that secondary education benefits the young people receiving it and the country providing it, MoEVT has identified secondary education as its highest priority and requested the Bank to lead partners in supporting this sub sector. At the same time, MoEVT is developing a sector program and this project will support and be integrated into this. Given that this is the first separate project for Zanzibar and that the sector program will take some time to develop, it is intended that secondary education will be supported initially through a Specific Investment Credit. ADB is likely to provide further support for secondary (it is currently supporting primary education) and USAID will be providing textbooks for science subjects.
To address more immediate needs, even as the SWAP is being discussed among the Government and donor partners, the proposed intervention will focus on three main outputs namely: (i) Improved access to and equity in secondary education; (ii) Improved quality of secondary education; (iii) Capacity Building for the education system.
The proposed project has been tentatively costed to US$35 million. Work remains to further refine realistic costing of project components based upon previous experience and expert inputs. MoEVT will also prioritize project components to achieve a balance of components between access and quality – to address the issues noted above. Tentatively, the following components
9 and the specific inputs have been discussed as proposals to be discussed and finalized during preparation.
Component 1: Provision of infrastructure to improve access to, and quality of, secondary education –
To meet the demand for school facilities for the numbers currently enrolled and to accommodate the projected increase in secondary school enrolment, to improve accommodation and laboratory and classroom facilities for all students, and to ensure that sufficient numbers of trained teachers are available, the project will support:
Sub-Component 1A. Infrastructure for schools. The construction of 19 new schools, including 8 schools with some boarding facilities to serve remote rural communities and 3 with facilities to meet the needs of students with disabilities. Ten of these schools will provide education to A-level, the remainder will provide education to O-level (lower secondary). All schools will be constructed with appropriate sanitary facilities and laboratory spaces, and supplied with furniture and laboratory equipment. The component also includes the rehabilitation of 6 existing schools – 3 of which are located in Stone Town. This subcomponent will provide 23,000 school places.
The Government of Zanzibar has provided preliminary guidelines on the level of infrastructure and facilities that should be provided in every new construction of the 10 model secondary schools. For example, every Secondary School will be provided with the following:
i. At least 6 standard size well-ventilated and well-secured classrooms complete with furniture ii. A science block including laboratories for Chemistry, Physics and Biology iii. Library and bookstore iv. Computer room v. Multipurpose hall and workshop vi. Head teachers office with furniture and other office facilities vii. Staff room with furniture viii. Hostels ix. 10 staff houses and x. Adequate toilet facilities and xi. Potable water. xii. Kitchen and Eatery
xiii. Sporting Facilities
xiv. Toilet Block
10 The identification of sites for proposed secondary school to be constructed will be based on the results of school mapping exercise that will be done by the design team and approved by the MoEVT. Already indicative areas and names of schools have already been proposed and are listed in Table 1 below.
Under Component 1, therefore, land will have to be acquired to build the new schools named in Table 1. The expansion of existing schools that have been earmarked for rehabilitation may not require additional land acquisition. Further more rehabilitation of existing secondary schools found in Stone Town area like Tumekuja, Forodhani, and Hamamni Secondary Schools will only entail the strengthening and maintenance works on existing buildings. Other schools like Fidel Castro, Utaani, Uweleni, and Uzini Secondary Schools have ample land for construction of additional facilities hence ruling out the possibility of acquiring more land for expansion. However, the design team have not yet undertaken feasibility studies and preliminary designs to provide adequate information for estimating the magnitude of impacts that may be experienced by surrounding community, teachers and students. This may make it important to understake the preparation of a RAP and Environmental report once designs are ready.
Even though land is still held by the government and could be considered to be abundant in the isles, however, efforts would be made to select these sites to avoid or minimize impacts on livelihoods, people, land, property and on access to natural and other economic resources, as far as possible. It is important to underscore the fact that a number of families and individuals still farm land that does not belong to them in Zanzibar. Since land belongs to the government, Zanzibaris are allowed to temporarily use any government land that is idle mainly for farming purposes.
Further, the setting a side of any land, be it government or private land to be used as sites for planned construction activities under this program, may lead to either the physical or economic displacement of people or their loss, denial or restriction of access to economic resources and therefore ultimately to resettlement and compensation of people.
11 Table 1: Possible Sites of Secondary Schools Zanzibar Proposed School Location
Unguja Island New Model Schools to be Constructed
Kiembe Samaki Secondary School Zanzibar City, Kiember Samaki Estate
Muungano Secondary School Zanzibar City, Muungano area
Paji Secondary School Southern District, Paje Shehia Langoni Secondary School Urban West District Kinduni Secondary School North B Matemwe Secondary School North A District Chaani Secondary School North A District
Secondary Schools to be Rehabilitated
Tumekuja Secondary School Zanzibar City, Stone Town Hamamni Secondary School Zanzibar City, Stone Town Forodhani Secondary School Zanzibar City, Stone Town Uzini Secondary School North Unguja
Pemba Island New school /College to be constructed
Muani District Secondary School Muani Wete District Secondary School Makomeni, Wete District Wawi District Secondary School Wawi District Teachers Training College Mchangamdogo Micheweni District Secondary School Tumbe Shehia, Micheweni District
Schools to be rehabilitated in Pemba Uwelene District Secondary School Uweleni Fidel Castro District Secondary School East Pemba Utaani Secondary School Utaani District
When this occurs, the World Bank Operational Policy OP4.12 on Involuntary Resettlement and certain laws of Zanzibar will be triggered. This is possible because of the uneven and varying settlement patterns and population densities across Zanzibar, since some of the proposed areas like the Stone Town Authority area which is an internationally recognised and protected historical zone where development regulated
At this stage however, the Revolutionary Government of Zanzibar is not required to prepare a Resettlement Plan since the school locations have not yet been confirmed and approved and
12 therefore their land needs have consequently not been determined also. However, the Revolutionary Government of Zanzibar is required by the World Bank to prepare a Resettlement Policy Framework (RPF) during project preparation to be publicly disclosed in Zanzibar and at the info shop of the Bank.
The RPF establishes the resettlement and compensation principles, organizational arrangements and design criteria to be applied to meet the needs of the people who may be affected by the project. The RPF is prepared to the standards of the Government of the Tanzania’s own laws and policies on resettlement and the policy of the World Bank, OP4.12.
When the school mapping exercise is complete and approved for funding under the ZSEDP, specific planning information on the location of these schools would be available and land/sites will be identified, resettlement/compensation plans will be closely coordinated with the planning and implementation of civil works and then subsequently prepared consistent with this policy framework by the Department of Policy and Planning of the MoEVT and will be submitted to the Head office of the MoEVT, and Department of Lands for co-approval before any land acquisition, resettlement, loss, denial of, and restriction to economic resources or any other impact on livelihood occurs. Furthermore, proposed developments within the Stone Town Authority area in Unguja especially affecting the rehabilitation of Tumekuja, Forodhani, and Hamamni Secondary Schools will have to be submitted to the MoEVT and the Joint Approval Committee of Stone Town Authority for shared-approval.
Sub-Component 1B. Facilities for a teacher training college. Increased teacher supply will be necessary to accommodate the expansion of enrolment; it is estimated that the system will need approximately 1,400 additional teachers over the next 5 years. Accordingly, the project will also support the construction of new facilities for a teacher training college in Pemba, which is currently operating in temporary accommodation and training only primary teachers. This expanded facility will enable the college to expand its activities to train both primary and secondary teachers, and to offer specialist training for teachers of mathematics and sciences.
Component 2: Support for quality of education through teacher training, curriculum reform, and provision of learning materials
In addition to expansion of physical infrastructure, the project will include a series of measures to support the quality of education, including provision of in-service teacher training, provision of textbooks and other learning resources, and provision of support for planned curriculum reforms. These interventions will target both upper-primary and secondary education.
Sub-Component 2A. Teacher training. At secondary level the project will support the in-service upgrading of teachers of mathematics and science, to compensate for existing skill shortages in these crucial subject areas. Approximately 500 secondary teachers will be trained, with an in-service course focused on improved classroom instruction.
In-service teacher training will also be provided to primary teachers, to strengthen the preparation of students for secondary education.
13 Approximately 1,000 teachers of primary mathematics and sciences will be provided with training to assist them in adapting to the revised primary curriculum, which will require that they teach their subjects through English from Standard 4 upwards. In addition, all 5,000 primary school teachers will be offered English language courses to improve their fluency in spoken English, and increase the usage of English in general communication in primary schools.
Short in-service courses will also be provided to approximately 300 school head teachers and 100 inspectors, preparing them for their role in supervision and pedagogical support for teachers. Additional support, including office equipment and vehicles will be provided to strengthen the capacity of the inspectorate. Additional training will also be provided for school management committees, to strengthen their role in the management, supervision and maintenance of the schools.
The in-service training will be developed and delivered using institutional arrangements already familiar in Zanzibar, which have proved effective in in- service training of unqualified primary teachers, and upgrading of secondary teachers. Courses will be developed by expert groups including teacher trainers, inspectors, and expert teachers. Delivery will be done through a network of existing teacher centers, by designated expert teachers who will receive special training to prepare them for this task. These inputs will be supported by distance teaching materials, and supervision of the teachers in their schools. Course participants will be assessed on their learning, and each course will be evaluated regularly and provision made for modifications at each stage.
Staff from the Teacher Training Colleges, the State University of Zanzibar and the Zonal Teacher Centers will be utilized to support the professional development of teachers. In parallel, the pre-service teacher training courses will be revised to reflect the new curriculum, and the increased use of English in primary schools. MoEVT will also prepare structures to ensure ongoing monitoring and regulation teacher supply, and teacher deployment policies and practices.
Sub-Component 2B. Provision of instructional materials in key subjects for all secondary schools and students. This subcomponent will support the purchase and distribution of secondary school textbooks in four1 subjects for all students in secondary school. In addition, the component will support the purchase and distribution of scientific equipment and consumables to all schools teaching science. The component will also purchase and distribute library books and other learning materials for all secondary schools. These purchases and the supply to schools will follow the development of a sustainable cost-sharing policy to ensure that supplies continue beyond
1 English, History, Geography, Mathematics. The Teaching and Learning Materials Project, supported by USAID will provide textbooks in science subjects (Chemistry, Biology and Physics) for all students.
14 project life, while also ensuring that needy but poor students are not disadvantaged.
Sub-Component 2C. Revision of primary curriculum and provision of appropriate learning materials. The project will provide support for the development of curriculum and assist the orientation of teachers in the new curriculum as well as commission the development of textbooks in five subjects to be taught through English and supply these to all pupils in upper primary school. The policy decision to teach some subjects through English at the upper primary level is intended to improve the pupils’ readiness for secondary school. Government will prepare to implement the necessary changes in initial teacher education curricula to align with the revised structures, including: (i) preparing diploma level secondary teachers to teach to Form 4; (ii) preparing primary teachers of mathematics and science to teach through English from standard 5; and (iii) enhancing the English language skills of all primary teachers.
In addition, the component will purchase a package of instructional materials for each school and a package of materials for blind and deaf pupils for three schools.
Sub-Component 2D. Support for science education for girls. Dedicated science camps have had some success in promoting science education among girls and assisting science teachers. Building on the successful science camps for girls, this component will support the preparation, including assisting science teachers, as well as the delivery of one residential science camp each year for girls.
Sub-Component 2E. Provision of Life skills, including HIV/AIDS, gender and environmental awareness. This component will support the development of a new manual for life skills and workshops to assist teachers of subjects such as biology and geography incorporate life skills into their teaching. The component will also support extracurricular workshops to promote life skills. These will be provided in each secondary school every two years.
2 Institutional Arrangements
Implementation of the project will be carried out through the existing structures of the MoEVT, involving its different departments, district education boards and education institutions. To ensure adequate coordination and collaboration, the roles and outputs for these different levels regarding the project will be specified, and mainstreamed in the day to day functions at these different levels. The MoEVT will specify the roles including capacity building required at all levels for project implementation. The Project Implementation Plan will be developed during preparation. Further clarity on the scope of construction activities is required before the Plan can be shaped though there is some benefit in considering possible procurement methods at an early stage. It is anticipated that the scale of activities and the timeframe within which they will take place will require the resources of larger national contractors.
15
16 3. LAND ACQUISITION AND LIKELY CATEGORIES OF IMPACT
3.1 Definition of Project Affected People (PAPS)
This Resettlement Policy Framework considers as project affected people those who stand to lose, as a consequence of the ZSEDP, all or part of their physical and non-physical assets, including homes, communities, productive lands, resources such as Crops, fruit trees, grazing land, or important cultural sites, commercial properties, tenancy, income-earning opportunities, and social and cultural networks and activities. Such impacts may be permanent or temporary. This might occur through land expropriation, using eminent domain or other regulatory measures, and include restricted or reduced access to mainly government lands currently used as farm
The guidelines of the resettlement policy framework apply to all the proposed sites for new secondary school constructions and existing sites for proposed rehabilitation of selected secondary schools to be funded in whole or in part by the World Bank or any other activity funded by this project which would trigger World Bank policy on Involuntary Resettlement. The policy framework applies to all economically and/or physically displaced persons regardless of the total number affected, the severity of impact and whether or not they have legal title to the and. Particular attention will be paid to the needs of vulnerable groups among those economically and/or physically displaced especially those below the poverty line, the landless, the elderly, women and children, indigenous groups, and other historically disadvantaged groups or other economically and/or physically displaced persons who may not be protected through Zanzibar’s land compensation legislation.
3.2 Categories of PAPS
Land acquisition for ZSEDP may result in negative impacts to different categories of PAPs. Until the exact school location sites (especially for new constructions) are identified/chosen, it will not be possible to estimate the likely number of people who may be affected since the technical details of the schools construction program have not yet been developed and are unknown.
However, the likely displaced (economically or physically) persons can be categorized into these 5 groups, namely;
(ii) Affected Students/Pupils
Pupils will be affected through relocation in a way that will be different from any category of affected persons as observed by previous RPFs and RAPs in Tanzania. The study established a case in which students were displaced in the year 2001 when Hamamni Secondary School was under rehabilitation. Students face several challenges which in the case of the 2001 Hamamni example led to some Students dropping out of school during the relocation, but they reported back to school when learning resumed in their school after rehabilitation works were completed.
(iii) Affected Teachers
Teachers will be affected if relocation of students is undertaken to other schools in Zanzibar during rehabilitation period. A case study of Hamamni Secondary School relocation in 2001 when the pupils were relocated showed that Teachers are affected in a special way that has not
17 been reported by any other RPFs and RAPs in Tanzania. Relocation of students always leads to placement of classes taught by one teacher into different schools sometimes separated by miles. This situation disrupts the normal Teachers operation resulting to Teachers commuting between schools to teach students. This scenario places several challenges to teachers with the main issue being access to Schools where students are relocated.
(iv) Affected Individual
An individual who suffers loss of assets or investments, land and property and/or access to natural and/or economical resources as a result of the SEDP activities and to whom compensation is due. For example, an affected individual is a person who farms a land or works and lives on a farm, pastoralists whose routes have been altered, or a person who has built a structure on land that has been demarcated and is now required by the School Boards. This will include affected individuals who have economic activity on customary land.
(v) Affected Household
A household is affected if one or more of its members is affected by ZSEDP activities, either by loss of property, land, loss of access or otherwise affected in any way by project activities. This includes:
a. Any members in the households, men, women, children, dependent relatives and friends, tenants;
b. Vulnerable individuals who may be too old or ill to farm along with the others;
c. Members of households who cannot reside together because of cultural rules, but who depend on one another for their daily existence;
d. Members of households who may not eat together but provide housekeeping, or reproductive services critical to the family’s maintenance; and
e. Other vulnerable people who cannot participate for physical or cultural reasons in production, consumption, or co-residence.
In the local cultures, members of production, consumption, and co-resident groups form overlapping, often incongruent sets of people who may exchange domestic or farming services on a regular basis even though living separately.
Compensation will not be limited to people who live together in a co-resident group, since this might leave out people whose labor contributions are critical to the functioning of the “household”. For example, among polygamous settings, each wife has her own home.
(v) Vulnerable Households
Vulnerable households may have different land needs from most households or needs unrelated to the amount of land available to them. This provides for;
a. Unmarried women – may be dependent on sons, brothers, or others for support. Since an affected individual is able to name the person with whom s/he is linked in dependency as part of the household, resettlement will never sever this link.
18 b. Elderly – elderly people farm or work as long as they are able. Their economic viability may depend on how much land they farm or how much they produce because, by producing even small amounts of food to “exchange” with others, they can subsist on cooked food and generous return gifts of cereal from people such as their kith and kin and neighbors. Losing land will affect their economic viability. What would damage their economic viability even more than losing land is resettlement that separates them from the person or household on whom they depend for their support. The definition of household by including dependents avoids this.
c. AIDS afflicted persons – Relatively high percentages of the poor and total population are living with HIV or are terminally ill with AIDS. Many are beneficiaries of numerous health programs from government (central and local), international organizations and the NGO community.
d. Orphans – due to the impacts of the AIDS crisis that plagues Tanzania today, there are a considerable number of orphaned children, whose parents have died from aids. These children today fall into three categories of care; (i) those being looked after by an uncle, aunt, grandparents or other close relative, (ii) those being looked after by the government, local authorities or NGOs and (iii) those living alone and providing for themselves and other siblings. These children are more vulnerable since they are often “voiceless” because they have no parents to defend or stand up for them and also because they are considered too young to be heard. Orphaned children engage in any form of economic activity to provide for themselves and their siblings, by engaging in activities such as paraffin selling, artisanal mining, water selling, exploitative employment etc.
Despite the laws of Tanzania and the International Labor Organization (ILO) prohibiting the exploitation of children, it is a reality that street children are either in paid employment or are on the streets in some areas in Tanzania. They tend to live in close proximity to large towns and cities.
Children in d. and e. above should they become impacted by this project in a way that means they have to be physically relocated, their compensation cannot be in cash, and will be in-kind. They would have to be put in a Unicef program or registered with one of the many children’s charities that are operating in Tanzania today. Their compensation would take the form of paying for their rehabilitation and training to acquire useful vocational skills.
e. Women headed households– may depend on husbands, sons, brothers, or others for support. However, in other cases too, women are the main breadwinners in their household even where the men have remained with the family. Women therefore need relatively easy access to health service facilities, as mothers and wives. For example, where the land being acquired is used by a woman with no formal rights to it or a woman who is dependent on a man other than her husband for her primary income. These women should not be resettled in a way that separates them from their households as the very survival of their households may depend on them. Their compensation must take into account all these factors.
f. Small-scale female farmers- are also vulnerable because they may not have men available within the household to carry out male specific land preparation tasks such as ringing trees, clearing or ploughing land. Either male relative in other households help
19 them voluntarily, or they hire men for cash, beer, (locally brewed) or food. Land compensation specifically includes the labor costs of preparing a new land, so these women are provided for by the compensation plan.
g. Non-farming females- these earn income from other sources and/or depend on relatives for “exchanges” of staple foods. Since they do not farm they will not be affected by the sub-projects need for agricultural land. If a building of theirs lies on land needed by a subproject, they will receive replacement cost compensation. If someone on whom they depend is resettled, they are protected because the resettler can name them as part of the household.
These household types are not mutually exclusive, so that a female heading a household may be small-scale farmer or an orphan may be an AIDS afflicted person.
These groups could be identified as being particularly vulnerable to land acquisition activities, and as such the following considerations will be made when School project sites are identified and PAPs listed:
i. Special consideration should be paid to these groups by identifying their needs from the socio-economic and baseline studies undertaken as part of the RAP process;
ii. The groups should be individually consulted and given opportunities to participate in the resettlement decision-making process, as well as project activities;
iii. Consultation with these groups should ensure that resulting resettlement and compensation improves their pre-project livelihood;
iv. The RAPs should be designed to ensure special attention is paid to the monitoring of the resettlement process in order to ensure that pre-project livelihoods are indeed improved upon;
v. RAPs should be given sufficient technical and financial assistance to make use of the grievance mechanisms of the project where required;
vi. Decisions concerning them should be made in a timely fashion taking their needs, concerns, inputs and choices into consideration.
3.3 Approximate numbers of PAPS
It is important to underscore that at this stage it is not possible to determine the number of PAPs for several reasons: a) The specific school sites will be identified during project implementation by the MoEVT, Department of Lands and District Administration officials in consultation with village government officials or Sheha and locals. Due to this, the locations, nature and magnitude of the project cannot be determined before implementation. For each school project, which might require physical and/or economic resettlement (this will be assessed through screening processes), the number of PAPs will be established through a resettlement action plan (RAP), which will be elaborated before project implementation.
20 b) Indications received during the RPF preparation study in Unguja and Pemba indicated that new school construction might require physical and/or economic resettlement of populations to provide space for the siting of new schools. However, specific project sites duly approved by the MoEVT and the Department of lands do not exist for any of the schools that would allow an estimate of the number of PAPs to be made. For each school project that is considered during screening to require physical and/or economic resettlement, the number of PAPs will be established through a RAP, which will be elaborated before the School project sites are approved by the MoEVT.
3.4 Potential relocation areas
The location for resettlement will be identified during the development of RAPs, which will involve consultation with relevant authorities and the PAPs involved. It is worth noting that the RGZ has a tradition of relocating displaced people, families or individuals to other suitable government land. Under the Land Tenure act 1992, the RGZ owns all the land in the isles and has powers to decide who receives grant of tenure rights from time too time.
4. PRINCIPLES AND OBJECTIVES GOVERNING RESETTLEMENT PREPARATION AND IMPLEMENTATION.
Overview
The impacts due to involuntary resettlement from development projects, if left unmitigated, often gives rise to severe economic, social and environmental risks resulting in production systems being dismantled, people facing impoverishment when their productive skills may be less applicable and the competition for resources greater; community institutions and social networks being weakened; kin groups being dispersed; and cultural identity, traditional authority, and the potential for mutual help are diminished or lost. The resettlement policy, in most cases, is not triggered because people are being affected by physical displacement. It is triggered because the project activity causes land acquisition, whereby a physical piece of land is needed and people may be affected because they are cultivating on that land, they may have buildings on the land, they may use the land for water and grazing of animals or they may otherwise access the land economically, spiritually or any other way which may not be possible during and after the project is implemented. Therefore, people are in most cases compensated for their loss (of land, property or access) either in kind or in cash of which the former is preferred.
Therefore, the objectives of this policy are the following:
i. Involuntary resettlement and land acquisition should be avoided where feasible, or minimized, exploring all viable alternatives.
ii. Where involuntary resettlement and land acquisition is unavoidable, resettlement and compensation activities should be conceived and executed as sustainable development programs, providing sufficient investment resources to give the persons affected and/or displaced by the project the opportunity to share in project benefits. Affected and/or
21 displaced and compensated persons should be meaningfully consulted and should have opportunities to participate in planning and implementing resettlement programs.
iii. Affected and/or displaced and compensated persons should be assisted in their efforts to improve their livelihoods and standards of living or at least to restore them, in real terms, to pre-displacement levels or levels prevailing prior to the beginning of project implementation, whichever is higher.
22 4.1 Involuntary resettlement
Involuntary resettlement, if left unmitigated, normally gives rise to severe economic, social, and environmental risks. People face impoverishment when their productive assets or income sources are lost and social networks are weakened. Indeed, the nine most common impoverishment risks are:
i. Landlessness. Expropriation of land removes the main foundation on which many people build productive systems, commercial activities and livelihoods. Often land is lost forever; sometimes it is partially replaced, seldom fully replaced or fully compensated. This is the main form of decapitalization and pauperization of the people who are displaced. Both natural and man-made capital is lost.
ii. Joblessness. Loss of salaried employment occurs both in rural and urban displacement. People losing jobs may be industrial or service workers, landless agricultural laborers, or artisans. Unemployment or underemployment among resettlers may linger long after physical relocation. Creating new jobs for them is difficult and requires substantial investments, new creative approaches, and reliance on sharing project benefits.
iii. Homelessness. Loss of shelter may be only temporary for many people, but for some it remains a chronic condition and is also felt as loss of identity and cultural impoverishment. Loss of housing may have consequences on family cohesion and on mutual help networks if neighboring households of the same kinship group get scattered. Therefore, group relocation of neighbors is usually preferable over dispersed relocation.
iv. Marginalization. Marginalization occurs when relocated families lose economic power and slide down towards lesser socio-economic positions: middle-income farm- households become small landholders; small shopkeepers and craftspeople lose business and fall below poverty thresholds. Economic marginalization tends to be accompanied by social and psychological marginalization, expressed in a drop to a lower social status with its attached stigma, in resettlers’ loss of confidence in society and in themselves.
v. Increased morbidity and mortality. Vulnerability of the poorest people to illness is increased by forced relocation, because it tends to be associated with increased stress, psychological traumas, or the outbreak of parasitic diseases. Decreases in health levels result from unsafe water supply and sewage systems that proliferate epidemic infections, diarrhea, dysentery, etc.
vi. Food insecurity. Forced uprooting diminishes self-sufficiency, dismantles local arrangements for food supply, and thus increases the risk of chronic food insecurity. This is defined as calorie-protein intake levels below the minimum necessary for normal growth and work.
vii. Educational loss. Involuntary displacement disrupts all public services at the departure sites, with heavy effects particularly on schools’ functioning. Interruption of school attendance causes prolonged loss of access to education; some children do not return to school at all and are prematurely sent by their families to join the labor force. Already displacement which was done by Hamamani Secondary School during the 2001 rehabilitation programme showed that there are cases of temporary drop out rates for students whose distance to school is increased during temporary relocation.
23
viii. Loss of access to common property. Poor farmers, particularly those without assets, suffer a loss of access to the common property goods belonging to communities that are relocated (e.g., loss of access to farmland.). This represents a form of income loss and livelihood deterioration that is typically overlooked by planners and therefore uncompensated.
ix. Social disarticulation. The dismantling of community structures and social organization, the dispersion of informal and formal networks, local associations, etc. is a massive loss of social capital. Such disarticulation undermines livelihoods in ways usually not recognized and not measured by planners, and is a cause of disempowerment and impoverishment. Because resettlers are non-homogeneous groups, the risks highlighted above differentially affect various categories of people: rural and urban, indigenous and non-indigenous groups, etc. Research shows that women suffer the impacts of displacement more severely than men do. Maximum safeguarding is achieved when involuntary displacement is avoided altogether. Avoidance is the first response to risks that should be considered. Recognizing risks upfront and their financial implications is often a powerful stimulus to search for an alternative that eliminates the need for displacement or cuts down its size. This is technically possible, for instance, by changing the site of a new school project from a dense human settlement; many other technical optimization solutions can be found through creative search.
4.2 Physical displacement
If people must move to another location due to the implementation of a subproject, the project, which covers this subproject, will:
i. offer displaced persons choices among feasible resettlement options, including adequate replacement housing or cash compensation where appropriate; and
ii. provide relocation assistance suited to the needs of each group of displaced persons, with particular attention paid to the needs of the poor and the vulnerable. Alternative housing and/or cash compensation will be made available prior to relocation. New resettlement sites built for displaced persons will offer improved living conditions.
In the case of physically displaced persons with recognized or recognizable rights, the project will offer the choice of replacement property of equal or higher value, equivalent or better characteristics and advantages of location, or cash compensation at full replacement value. In the case of physically displaced persons without recognizable rights, the projects will offer them a choice of options for adequate housing with security of tenure so that they can resettle legally without having to face the risk of forced eviction.
Where these displaced persons own and occupy structures, the project will compensate them for the loss of assets other than land, such as dwellings and other improvements to the land, at full replacement cost, provided that these people have occupied the project area prior to the cut of date of which is yet to be set. Compensation in kind will be offered in lieu of cash compensation where feasible. Based on consultation with such displaced persons, the client will provide relocation assistance sufficient for them to restore their standards of living at an adequate alternative site.
24 In exceptional circumstances, when it is not feasible to avoid relocation, the new school construction projects will not carry out such relocation and/or provide funding for any new school construction project, which would require such relocations, without obtaining broad support for it from the affected local peoples’ communities as part of the free, prior, and informed consultation process.
4.3 Economic displacement
If land acquisition for a new school construction project causes loss of income or livelihood, regardless of whether or not the affected people are physically displaced, the projects will meet the following requirements:
(i) Promptly compensate economically displaced persons for loss of assets or access to assets at full replacement cost;
(ii) In cases where land acquisition affects commercial structures, compensate the affected business owner for the cost of reestablishing commercial activities elsewhere, for lost net income during the period of transition, and for the costs of the transfer and reinstallation of the plant, machinery or other equipment;
(iii) Provide replacement property (e.g., agricultural or commercial sites) of equal or greater value, or cash compensation at full replacement cost where appropriate, to persons with legal rights or claims to land which are recognized or recognizable;
(iv) Compensate economically displaced persons who are without legally recognizable claims to land for lost assets (such as crops, irrigation infrastructure and other improvements made to the land) other than land, at full replacement cost;
(v) Provide additional targeted assistance (e.g., credit facilities, training, or job opportunities) and opportunities to improve or at least restore their income-earning capacity, production levels, and standards of living to economically displaced persons whose livelihoods or income levels are adversely affected;
(vi) Provide transitional support to economically displaced persons, as necessary, based on a reasonable estimate of the time required to restore their income earning capacity, production levels, and standards of living.
The Bank Safeguard Policy OP 4.12 applies to all sites of the ZSEDP, whether or not they are directly funded in whole or in part by the Bank.
(vi) The policy applies to all economically and/or physically displaced persons regardless of the total number affected, the severity of impact and whether or not they have legal title to the land. Particular attention should be paid to the needs of vulnerable groups among those economically and/or physically displaced; especially those below the poverty line; the land less, the elderly, women and children, indigenous groups, ethnic minorities and other historically disadvantaged groups or other economically and/or physically displaced persons who may not be protected through Zanzibar’s Land compensation legislation.
(vii) In particular for ZSEDP, the policy also requires that the implementation of individual resettlement plans are a prerequisite for the implementation of the program activities
25 requiring land acquisition, that is before any construction activity starts to ensure that displacement or restriction to access does not occur before necessary measures for resettlement and compensation are in place. It is further required that these measures include provision of compensation and of other assistance required for relocation, prior to displacement, and preparation and provision of resettlement sites with adequate facilities, where required. In particular, the taking of land and related assets may take place only after compensation has been paid and where applicable, resettlement sites, new homes, related infrastructure, public services and moving allowances have been provided to affected and/or displaced persons. Furthermore, where relocation or loss of shelter occurs, the policy further requires that measures to assist the affected and/or displaced persons are implemented in accordance with the resettlement plan of action.
(viii) It is particularly important to neutralize to the extent possible any socio-economic pressures in the communities that are likely to be exacerbated by involuntary resettlement, by facilitating the participation of those impacted in the construction activities. Therefore, offering the project affected people the opportunity to continue to participate in the planning process that would lead to the preparation of Resettlement Plans is mandatory and Chapter 6 of this RPF deals with this requirement.
(ix) Also, offering the project affected people the opportunity for employment during the construction of the schools will provide additional income generating opportunities to a significant number of impacted persons who may potentially have to be resettled. Therefore, the opportunity for employment of affected people by building contractors is being taken advantage of in this RPF, by including it for discussion in the consultative process with the local communities.
(x) Furthermore, it is worthy to note that rush migration to selected land/sites/areas may occur by those wishing to take advantage of the rules of eligibility described earlier in Section 6. Were this to happen it would bring to bear additional pressures on the whole planning process and compensation budgets. This has major considerations therefore when establishing the cut-off dates.
(xi) A major object of this RPF is to ensure that affected individuals and households, and affected and/or displaced communities are meaningfully consulted, have participated in the planning process, and are adequately compensated to the extent that at least their pre- displacement incomes have been restored and that the process has been a fair and transparent one.
5. DESCRIPTION OF THE PROCESS FOR PREPARING AND APPROVING RESETTLEMENT PLANS.
Overview
As stated earlier, the World Bank policy on Involuntary Resettlement OP 4.12 is triggered because the ZSEDP will finance the construction of new secondary schools and the expansion/rehabilitation of others that may require land acquisition, potentially leading in a minority of cases to loss, denial, or restriction of access to economic resources. Since the location of these sites was merely indicative and not conclusively defined at the time of the preparation of the project, the preparation and disclosure of this RPF is conditionality for appraisal of this program. However, during implementation of this program, in a process defined here below, the selection of these sites would be made. When that happens, land
26 would be acquired or access to economic resources may be lost, denied or restricted and people may then be affected. At that stage, OP 4.12 calls for the preparation of individual Resettlement Plans that must be consistent with this RPF.
5.1 Screening for involuntary resettlement
New school construction project screening is used to identify the types and nature of potential impacts related to the activities proposed under the ZSEDP and to provide adequate measures to address the impacts. Screening for resettlement issues shall be part of the environmental and social screening, as is detailed in the ESMF.
To address the impacts under this policy, resettlement plans must include measures to ensure that the affected and/or displaced persons are;
i. informed about their options and rights pertaining to resettlement.
ii. consulted on, offered choices among, and provided with technically and economically feasible resettlement alternatives.
iii. provided prompt and effective compensation at full replacement cost for losses of assets and access attributable to the program.
iv. enabled to restore and preferably improve their living standards compared to program ones.
v. Informed about the elaboration of a resettlement action plan to address all other resettlement risks (see draft ToRs in Annex D);
For projects not anticipated to result in displacement, and where loss of assets are anticipated to be negligible, then this information shall also be indicated in the subproject application form along with a request to waive the requirement for a RAP.
5.1.1 Screening Checklist
The screening checklist form is shown in Annex E, and will be incorporated into the Project’s Implementation Manual. The screening checklist will be completed by Regional Lands Officer and submitted to the Resettlement Committee Department of Policy and Planning, MoEVT for a decision. The screening will adhere to the following steps
This process starts when the MoEVT approves the list and location of schools to be included in the construction program of the ZSEDP
The District Education officials and District and Regional administration will consult with the Local Lands Office to identify a suitable and appropriate land for the development of a planned school. Using Participatory methods, the Village Administration will consult with local communities within the schools boundary area, to select the required land to allocate to the MoEVT for the construction of a new school/ college, using the criteria outlined in Box 5.1;
27 Box 5.1: criteria for land allocate to the MoEVT for the construction of a new school/ college,
1 The site should normally not be within an Environmentally Sensitive Area (ESA). 2 The site should ideally be located within an accessible distance from a settlement area. 3 There should be a sustainable and secure source of potable water within a reasonable distance from the site. 4 The site should be at least 20,000m2 in size or large enough to accommodate the building schedule for a new secondary school. The building schedule is contained in Chapter 2 of this RPF. 5 The site owners and/or users if any are consulted and are invited to participate in the activities of the local community regarding the school. 6 The MoEVT must be able to secure legal title to the land. 7 The outer boundaries of the site should be clearly marked and the length of the sides should be measured in meters. 8 There should not be any natural or manmade features on the site that could make construction difficult or that could pose danger to building structures or humans such as bedrock, gullies, water pipes, swamps, floodplains and rock falls. 9 There should not be any natural or man made features within 100 meters of the site that could pose danger to pupils once the school is established, e.g. very steep cliffs, electricity pylons, etc. 10 The site must conform to and be consistent with the local development plan for that area/district. 11 The site should not lead to the physical displacement of people, loss of their shelter, loss of assets, loss of income sources or means of livelihood, or their loss, denial or restriction of access to economic resources. If it does impact any one of these, chose another site. If this is not possible then OP 4.12 is triggered and those affected must be compensated, consistent with the provisions of this RPF. 12 Should not be located in a sacred site or impact a cultural resource
1) 2) 3) For School construction activities that do not have any resettlement issues and do not trigger OP 4.12, then the provisions of this RPF do not apply and the School Board is referred to the ESMF at this stage.
If the site does not meet the criteria above the District Education Representatives of the MoEVT and District /Regional Administration shall consult with the Local Lands Office to allocate another piece of land/site until a site is found that satisfies the screening criteria.
For situations where resettlement cannot be avoided, OP 4.12 will apply. For each parcel of land that has potential PAPs, so determined using the process described above, the cut-off date will be immediately established using participatory methods again, acceptable according to local traditions.
5.1.2 Screening Review Form The screening form will then need to be reviewed by the Department of Lands Officer and Department of Environment and cleared by the Resettlement Committee of the Department of Policy and Planning, MoEVT e. The Resettlement Committee will advise whether an additional option assessment should be carried out in view to avoid or reduce the physical or economic displacement or whether the argument of the project proposal is providing sufficient evidence for the decision proposed. The checklist review form, presented in Annex E, prompts the reviewer to verify the information provided, and confirm the best course of action.
28 5.2 Baseline and socio-economic data
An important aspect of preparing a RAP is to establish appropriate socioeconomic baseline data to identify the persons who will be displaced by the individual school project, to determine who will be eligible for compensation and assistance, and to discourage inflow of people who are ineligible for these benefits.
The PAPs may be classified into three groups:
i) Those who have formal legal rights to the land they occupy; ii) Those who do not have formal legal rights to land, but have a claim to land that is recognized or recognizable under the national or traditional laws including those measures put in place by the draft land policy; or iii) Those who have no recognizable legal right or claim to the land they occupy.
In summary, the census consolidates information that
i) provides initial information on the scale of resettlement to be undertaken; ii) gives an indication of further socioeconomic research needed to quantify losses to be compensated and, if required, to design appropriate development interventions; and iii) establishes indicators that can/be measured at a later date during monitoring and evaluation. iv) Identifies who will be impacted and a cut-off date established.
An illustrative example of a census survey form is provided in Annex F of this RPF.
For each parcel of land that has potential PAPs, the MoEVT will request its service providers to carry out (i) a socio-economic study and (ii) a census to identify the potential PAPs on the individual, household and vulnerable groups level and to calculate their household incomes, as the first step in the preparation of the RAPs.
On completion of the socio-economic study and the baseline census the MoEVT will prepare a Resettlement and Compensation Plan (RAP) for each site that is affected by resettlement and compensation. There will be as many RAPs as there are affected sites of proposed schools and College.
Baseline data for School project RAPs will include: number of persons; number, type, and area of the houses or other structures to be affected; number, category and area of residential plots and agricultural land to be affected; and productive assets to be affected as a percentage of total productive assets.
A RAP shall be prepared by the Department of Planning and Policy, MoEVT, preferably with the support of technical service providers for projects that have been determined to result in potential involuntary resettlement and/or land acquisition. Detailed guidelines for preparing a RAP and an abbreviated RAP are available one the World Bank’s website (www.worldbank.org) and in the World Bank’s Resettlement and Rehabilitation Guidebook.
5.3 Preparation of a project RAP
29 The first stage in the process of preparing the individual resettlement plans is the screening process to identify the land acquisition and land use needs that will cause resettlement. The resettlement and compensation plans will contain the analysis of alternative sites undertaken during the land screening process. The land screening process presented above is designed to be part of the MoEVT planning stage, thereby ensuring that their allocation of funds under the ZSEDP, complies with the requirements of OP 4.12 and the laws of Zanzibar relating to land acquisition/use and resettlement. Where the impacts on the entire displaced population are minor (i.e. if affected people are not physically displaced and less than 10% of their productive assets are lost) or fewer than 200 people are displaced, then the Bank may approve the preparation of an Abbreviated Resettlement Plan (ARAP).
The contents of the ARAP are to be:
i. a census survey of displaced persons and valuation of assets. ii. Description of compensation and other resettlement assistance to be provided. iii. Consultations with displaced people about acceptable alternatives. iv. Institutional responsibility for implementation and procedures for grievance redress v. Arrangements for monitoring and implementation, and vi. A timetable and budget.
For impacts that are not considered minor, the preparation of a Resettlement Action Plan (RAP) is required for each site. World Bank OP 4.12 article 25 and Annex D sets the requirements of the RAP to include (Box 5.2);
30 Box 5.2: Requirements of the RAP
1 Description of the project 2 Potential Impacts 3 Objectives 4 Socioeconomic Studies 5 Legal Framework 6 Institutional Framework. 7 Eligibility 8 Valuation of and compensation for losses 9 Resettlement measures 10 Site selection, site preparation, and relocation 11 Housing, infrastructure, and social services 12 Environmental protection and management 13 Community participation 14 Integration with host populations 15 Grievance procedures 16 Organizational responsibilities 17 Implementation schedule 18 Cost and budget 19 Monitoring and evaluation
The RAPs cover the elements above, as relevant. When any element is not relevant to the MoEVT circumstances, it should be noted in the RAP.
The MoEVT, then forwards the RAP together with the modified designs for screening and approval to the respective Departments of Land and Environment in compliance with the local planning laws and ZSEDP institutional and administrative requirements. All school construction activities that trigger OP4.12 and their resettlement plans would be subject to the final approval of the World Bank to ensure compliance with bank safeguards. Thus ensuring that before land is actually acquired or access to resources is lost, denied or restricted, that the individual resettlement plans are consistent with this RPF.
Approval of funding for any school construction activities that needs to acquire or use land under the ZSEDP, the MoEVT must first comply with all local laws and seek clearance of the Department of Lands to use/acquire the land for that purpose, consistent with the provisions of this RPF. For investments on land that is already owned or in use by the MoEVT, funding will be released once it is satisfied that the provisions of this RPF were met in cases where OP 4.12 apply.
Furthermore, the MoEVT should as a guideline considers the cumulative factor and not approve multiple sites that have individual high impact intensity. For example, where land acquisition is required to such an extent that it would require more than 20% of a community’s or individual’s total land under use or when the mitigation measures are so cumbersome that their efficacy cannot be predetermine or they cost more than 15% of the investment budget.
Before the decision to approve a site is taken, the MoEVT would need to approve or disapprove the resettlement and compensation plans of the Department of Policy and Planning (DPP) construction program in totality with the overall environmental and social screening process that has been applied for each of their proposed investments and to also approve or
31 disapprove of the proposed mitigation measures, if any. The ESMF contains the environmental and social screening process.
The Capacity of the Department of Policy and Planning that is charged with the responsibility of coordinating the implementation of the ZSEDP will be built by training and by providing technical assistance to allow the Department of Policy and Planning, The Department of Land and Environment to screen their proposed construction program for environmental and social concerns. This training will also include the capacity to develop mitigation measures to meet environmental and social impacts and to prepare implementation of such measures.
6. ELIGIBILITY CRITERIA FOR DEFINING VARIOUS CATEGORIES OF PROJECT AFFECTED PERSONS
Overview
This chapter sets out eligibility criteria, which are necessary to determine who will be eligible for resettlement and benefits, and to discourage inflow of ineligible people. The criteria discussed below attempts to cover all categories of PAPs that may arise during the project implementation to minimise impacts of either economic or physical displacement on PAPs.
6.1 Principles
The involuntary taking of land results in: relocation or loss of shelter; and loss of assets or access to assets or loss of income sources or means of livelihood, whether or not the PAPs must move to another location or not. Therefore meaningful consultations with the affected persons (directly and through representatives), local authorities and communal leadership allows for establishing the criteria by which displaced persons will be deemed eligible for compensation and other resettlement assistance.
The World Bank OP4.12 suggests the following three criteria for eligibility;
i. Those who have formal rights to land (including customary/communal land , traditional and religious rights, recognized under Zanzibar Law).
ii. 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 provided that such claims are recognized under the national and local laws of Zanzibar or become recognized through a process identified in the resettlement plan.
iii. Those who have no recognizable legal right or claim to the land they are occupying, using or getting their livelihood from, but are recognised under World Bank OP 4.12.
Those covered under a) and b) above are to be provided compensation for the land they lose, and other assistance in accordance with this RPF. Persons covered under c) above are to 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 RPF, if they occupy the project area prior to a cut-off date established by the management committees in close consultation with the potential PAPs, local community leaders and the Department of Lands and the MoEVT and
32 acceptable to the World Bank. Persons who encroach on the area after the cut-off date are not entitled to compensation or any other form of resettlement assistance. All persons included in a), b) or c) above are to be provided with compensation for loss of assets other than land.
Therefore, it is clear that all project affected persons irrespective of their status or whether they have formal titles, legal rights or not, squatters or otherwise encroaching illegally on land, are eligible for some kind of assistance if they occupied the land before the entitlement cut-off date. Persons who encroach the area after the socio-economic study (census and valuation) are not eligible for compensation or any form of resettlement assistance.
6.2 Eligibility criteria
PAPs may be classified in one of the three groups listed in Section 7.1. The process will involve review of tenure documents owned by occupants, interviews with households and groups in the affected area as well as input from community leaders. District Administration and Department of Lands concerned with land ownership and management will also hold discussions with the contracted service providers to ensure that appropriate recourse is provided for PAPs.
PAPs covered in a) and b) are provided compensation for the land they lose, and other assistance ensuring that they are:
i. Informed about their options and rights pertaining to resettlement. ii. Consulted on, or offered choices among, and provided with technically and economically feasible resettlement. iii. Provided prompt and effective compensation at full replacement cost for losses of assets attributable directly to the project.
Land for land compensation will be applied to PAPs who might lose their land. All PAPs irrespective of their status or whether they have formal titles, legal rights or not, squatters or otherwise encroaching illegally on land, are eligible for some assistance if they occupied the land before the entitlement cut-off date.
Persons who encroach on the area after the socio-economic study (census and valuation) are not eligible for compensation or any form of resettlement assistance. There will therefore be a package of compensation and other resettlement measures to assist each category of eligible PAPs to achieve the objectives of the policy. Eligibility criteria will also be determined by:
i. Loss of property or other assets ii. Loss of wages or livelihood iii. Cut off date.
Refer to Table 7.1 for reference to the types of eligibility criteria, which should be used by MoEVT, Department of Lands and District Administration officials.
Eligibility for Community Compensation
Communities (districts, towns, and villages) permanently losing land and/or access to assets and or resources under customary rights or the tenure rights Laws of Zanzibar will be eligible for compensation. Example of community compensation could be for public toilets, market
33 place, and health centres. The rationale for this is to ensure that the pre-project socio- economic status of communities where adversely impacted, is also restored.
6.2.1 Eligibility for Community Compensation It is also important to note that the eligibility may be claimed collectively e.g. as a Village or religious group and does not necessarily have to be individuals or families. Villages (on communal lands) that permanently lose land and/or access to assets and or resources under statutory or customary rights will be eligible for compensation. Example of Village compensation could be for Water supply, market places, schools and health centre. The rationale for this is to ensure that the pre-project socio-economic status of communities where adversely impacted, is also restored. Eligibility criteria will also be determined by the status of development up to when the study starts and will further be determined by other development approval as issued by Department of lands, MoVET. The key information providers include, District Administration, Sheha and School Boards. Other PAPs include: identified farmers, businessmen and businesswomen, women leaders and other leaders of social groups (Table 6.1).
Table 6.1: Entitlement and Compensation Matrix
ASSET ACQUIRED TYPE OF IMPACT ENTITLED PERSON COMPENSATION ENTITLEMENT
Cash compensation for affected land equivalent to market value
Land for land replacement where feasible, or compensation in cash for the Farmer/title holder entire landholding according to PAP’s choice. Land for land replacement will be in terms of a new parcel of land of equivalent size and productivity with a secure tenure status at an available location which is acceptable to the PAP. Transfer of the land to the PAP shall be free of taxes, registration & other costs.
Relocation assistance (costs of shifting + assistance in reestablishing economic trees + allowance up to a maximum of 1 mature ) Relocation assistance (costs of shifting + assistance in reestablishing economic trees + allowance up to a maximum of 12 months while short crops mature) AGRICULTURAL LAND
Tenant/lease holder Cash compensation for the harvest of the affected land equivalent to average market value of last 3 years, or market value of the crop for the remaining period of tenancy/lease agreement, whichever is greater.
Cash compensation equivalent to average of las mature and harvested crop, or market value of the crop for the remaining period of tenancy/lease agreement, whichever is greater. Relocation assistance (costs of shifting + + allowance).
34 Cash compensation equivalent to local average of 6 months salary Relocation assistance (costs of shifting + allowance) Agricultural worker Assistance in getting alternative employment.
Title holder/business Cash compensation for affected land owner Opportunity cost compensation equivalent to 5% of net annual income based on tax records for previous year (or tax records from comparable business, or estimates where such records do not exist).
Land for land replacement or compensation in cash according Land for land replacement will be provided in terms of a new parcel of land of equivalent size and market potential with a secured tenure status at an available location which is acceptable to the PAP. Transfer of the land to the PAP shal be free of taxes, registration & other costs.
Relocation assistance (costs of shifting + allowance) Opportunity cost compensation equivalent to 2 months net income based on tax records for previous year (or tax records from comparable business, or estim
Business owner is lease Opportunity cost compensation equivalent to 10% of net annual income based holder on tax records for previous year (or tax records from comparable business, or estimates where such records do not exist).
Opportunity cost compensation equivalent to 2 months net income based on tax records for previous year (or tax records from comparable business, or estimates), or the relocation allowance, whichever is higher.
Relocation assistance (costs of shifting) Assistance in rental/lease of alternative land/property (for a maximum of 6 months) to re-establish the business.
Cash compensation for affected land Title holder Land for land replacement or compensation in cash according to PAP’ Land for land replacement shall be of minimum plot of acceptable size under the zoning law/s or a plot of equivalent size, whichever is larger, in either the community or a nearby resettlement area with adequate physical and social infrastructure systems as well as secured tenure status. When the affected holding is larger than the relocation plot, cash compensation to cover the difference in value. Transfer of the land to the PAP shall be free of taxes, registration & other costs.
Relocation assistance (costs of shifting + allowance)
Cash compensation equivalent to 10% of lease/rental fee for the remaining Rental/lease holder period of rental/lease agreement (written or verbal)
Displacement: Refund of any lease/rental fees paid for time/use after date of removal Premise used for residence severely Rental/lease holder affected, remaining area insufficient for Cash compensation equivalent to 3 months of lease/rental fee continued use or becomes smaller than Assistance in rental/lease of alternative land/property minimally accepted under zoning law/s Relocation assistance (costs of shifting + allowance)
35
Cash compensation for affected building and other fixed assets Owner Cash assistance to cover costs of restoration of the remaining structure
Cash compensation for entire structure and other fixed assets without depreciation, or alternative structure of equal or available location which is acceptable to the PAP
Right to salvage materials without deduction from compensation Relocation assistance (costs of shifting + allowance) Rehabilitation assistance if required (assistance with jo training)
STRUCTURES Cash compensation for affected assets (verifiable improvements to the property Rental/lease holder by the tenant – e.g. a fence) Disturbance compensation equivalent to two months rental costs
Cash compensation for affected assets (verifiable improvements to the property by the tenant – e.g. a fence) Relocation assistance (costs of shifting + allowance equivalent to four months rental costs) Assistance to help find alternative rental arrangement Rehabilitation assistance if required (assistance with job placement, skills training)
Squatter/ Cash compensation for affected structure without depreciation Informal dwellers Right to salvage materials without deduction from compensation
Relocation assistance (costs of shifting + assistance to find alternative secure accommodation preferably in the community of residence through involvement of the project CBO.
Alternatively, assistance to find accommodation in rental housing or in a squatter settlement scheme, if available) Rehabilitation assistance if required (assistance with job placement, skills training)
Street vendor (informal Opportunity cost compensation equiv without title or lease to the tax records for previous year (or tax records from comparable business, or stall or shop) estimates), or the relocation allowance, whichever is higher.
Relocation assistance (costs of shifting) Assistance to obtain alternative site to re
STANDING CROPS Crops affected by land acquisition or PAP (whether owner, Cash compensation equivalent to average of last 3 years market value for the temporary acquisition or easement tenant, or squatter) mature and harvested crop
TREES Trees lost Title holder Cash compensation based on type, age and productive value of affected trees PLUS 10% premium
TEMPORARY Temporary acquisition PAP (whether owner, Cash compensation for any assets affected (e.g. boundary wall demolished, ACQUISITION tenant, or squatter) trees removed)
36 6.3 Loss of property
This includes loss of: houses, crops and trees, structures, fixed improvements, businesses which should be compensated at market value, negotiated settlements, productivity valuation, material and labour valuation. In cases where the loss is partial then disposition of salvage material will be exercised. Cash payments may also be made if a small fraction of property is lost instead of replacing the whole property, but if the partial loss results in the PAPs not being economically viable then the property is replaced. Those who lose houses will also be assisted with temporary residence (if necessary).
6.4 Loss of wages and income
These are persons who will loose their income due to the ZSEDP. Workers losing employment in the process of relocation should be entitled to transitional income support. Compensation equivalent to lost income required for the duration of impact should be paid to the latter. In addition, PAPs will be entitled to transitional assistance, which include moving expenses, temporary residence (if necessary), and employment in the ZSEDP project while waiting employment. In difficult cases, local administration such as District Commissioners and Shehas may be used to judge eligibility as well as Shehia committees.
6.5 Method to Determine the Cut – Off Dates
The entitlement cut-off date refers to the time when the assessment of persons and their property in the identified project areas are carried out, i.e. the time when the MoEVT with assistance of local District Administration and Department of Lands have identified the new school land construction and existing school rehabilitation sites they would need and when the socio- economic study is taking place. Thereafter, no new cases of affected people will be considered. Unfinished structures would be identified and secured, and unused materials will be piled at the site so that the cut –off survey can estimate investment, which should be compensated for in lieu of expenses (including labor) incurred until the cut – off date.
Considering that the majority of sites to be chosen may most likely be government land with temporary occupation for those using them as farms, a cut off date would be of great use to avoid induced occupation by illegal PAPs. The establishment of a cut-off date is required to prevent opportunistic invasions /rush migration into the chosen land thereby posing a major risk to the project. Therefore, establishment of the cut-off date is of critical importance. Because the time period between the cut-off date and the time actual productive investments (civil works, etc.) would start bearing also in mind that only after PAPs have been compensated and any replacement structures built according to the requirements of this RPF, is likely to be anytime period from six months on, special attention needs to be taken to secure the sites from rush and opportunistic invasion. These measures should include close consultation with the recognized PAP’s, signs that inform general public of intended use of site, security patrols to identify opportunistic invaders etc.
This date is to be chosen in close consultation with the District Administration (including Shehas), Department of Lands and the MoEVT as soon as possible after the affected land is identified. This process must be in full compliance with the conflict resolution mechanisms in this RPF and this date must be communicated effectively to the potential PAP’s and surrounding Shehias (local communities). The local community will play a crucial role in identifying users of land.
37 7. A LEGAL FRAMEWORK REVIEWING THE FIT BETWEEN THE LAWS AND REGULATIONS OF THE REVOLUTIONARY GOVERNMENT OF ZANZIBAR AND BANK POLICY REQUIREMENTS AND MEASURES PROPOSED TO BRIDGE ANY GAPS BETWEEN THEM.
Overview
The chapter sets out the legal framework, the fit between the laws and regulations of Zanzibar and World Bank policy requirements, and proposed measures to bridge the gaps between them.
7.1 Grant of occupation of land in Zanzibar
After the 1964 Revolution, all land in Zanzibar reverted to the state, and the ownership is vested with the President as trustee. Section 16, Subsection 1 of the 1984 Zanzibar Constitution for the right of government to acquire land in public interest as well as allowing private right of ownership of land. Further, the 1992 Land Tenure Act states that all land belongs to the government, however, there are tenure rights allowed for private occupation of land. Such rights of occupancy are defined in Section 7 of the 1992 Land Tenure Act and include the following;
i. A grant from a Minister
ii. A recognition of a rightful interest following an adjudication carried out under the land adjudication Act and subsequent registration under Registered Land Act
iii. Inheritance of a lawful registered interest,
iv. Purchase of a registered lawful interest, or
v. Gift of a registered interest from a bonafide holder of a right of occupancy
There are three categories of land in Zanzibar classified as follows:
i. Public land, All land in Zanzibar is owned by the state after 1964 land confiscation which reverted all land to state control; Section 19 of the 1992 Land Tenure Act allows for private ownership of economic trees such as Coconut Trees, Clove trees, Mango trees among any other perennial fruit trees which are required to be compensated at market value if land is acquired for a development project like a School construction.
ii. Communal Land; is where an interest in land is held in concert by more than one unrelated person. Communal interest in land could also be implied where the government has permitted a Village/Shehia to harvest the proceeds of a certain economic tree such as coconuts, mangoes or Cloves and the proceeds used to accomplish community projects like building of schools, health facilities, water projects, markets, up to including paying school fees for disadvantaged persons. Such communal interests were granted to communities living around farms, which were confiscated by the RGZ after the 1964 revolution.
38 iii. Private land which can be granted under any of the five above options of right of occupancy, but the RGZ still has the right to acquire such land in public interest as defined by the Land Tenure Act No 12 of 1992 which provides for all land in Zanzibar to be administered and managed by the government of Zanzibar but can be allocated by the state to users under specified tenure regimes.
7.2 Land Tenure for Schools
All schools land in Zanzibar is owned by the MoEVT in trust for respective schools. It therefore follows that expropriation of land for purposes of building a new school or expanding an existing educational institution begins with the Ministry of MoEVT making a formal request to the Ministry of Water, Housing, Energy and Land for such land. MoEVT interest on land may lead to physical or economic displacement and or denial of interest or access of an individual, family or community to resources on such lands hence the need for compensation (Table 7.1).
Table 7.1. Comparison of Zanzibar Law and World Bank OP4.12 regarding compensation.
Category of PAPS/ Zanzibar Law World Bank OP4.12 Type of Lost Assets
Land Owners Cash compensation based upon Recommends land-for-land market value. Under statute. compensation. Other compensation is Land for Land under Customary Law at replacement cost.
Land Tenants Entitled to compensation based upon Are entitled to some form of the amount of rights they hold upon compensation whatever the legal land under relevant laws. recognition of their occupancy.
In some cases land users have some Entitled to compensation for crops, form of secured tenure extended to may be entitled to replacement land Land Users them under new laws. In other cases and income must be restored to pre- land users not entitled to project levels at least. compensation for land, entitled to compensation for crops and any other economic assets. Land for Land under customary
Cash compensation based on market Entitled to in-kind compensation or Owners of “Non value or entitled to new housing on cash compensation at full replacement permanent” Buildings authorized land under government cost including labor and relocation (state or local) housing programs. expenses, prior to displacement.
Cash Compensation is based on Entitled to in-kind compensation or Owners of “Permanent” market value. cash compensation at full replacement buildings cost including labor and relocation expenses, prior to displacement.
Perennial Crops Cash compensation based upon rates As per section G of this RPF once calculated as an average net approved by the Bank and disclosed in agricultural income. Zanzibar and at the Bank InfoShop.
39
All land to be acquired by the MoEVT for the ZSEDP would be so acquired subject to the Laws of Zanzibar and the World Bank OP4.12. The World Bank OP 4.12 states that where there is a conflict between the laws of the Borrower and those of the Bank, the Bank shall take precedence.
Considering that a lot of inter ministerial and agency actions will be required for a single acquisition, efforts should be made to limit physical displacement of PAPs. There is a need to establish a framework for coordinating the land acquisition and compensation activities through the establishment of a coordinating officer seconded to the Department of Policy and Planning, MoEVT from the Department of Lands so as to minimise time spent on acquisition and compensation. Support will also be required from the District Administration and Shehas to help identify PAPs and the requisite entitlements.
8. METHODS OF VALUING AFFECTED ASSETS.
Overview This chapter sets out the detailed requirements for determining the value of affected assets.
8.1 Framework for Valuation Valuation methods for affected land and assets would depend on the type of assets found on the piece of land in question. The land asset types identified under Zanzibar Law are; i. Government Land defined by the Land Tenure Act No. 12 of 1992, which refers to land confiscated after the Zanzibar Revolution of 1964. ii. Private Land as defined by Section 7 of the Land Tenure Act 1992 and in accordance with the requirements of the Land Adjudication Act and the Registered Lands Act of Zanzibar.
In either of the two scenarios above, the MoEVT under whose docket the project is placed undertakes compensation for any loss accruing to individuals or community, whether its land, crops or access to a resource. The process for determining a loss and compensation is generally follows the procedure contained in the diagram below;
Government owned land may be allocated free to MoEVT by the Minister responsible for land administration (perhaps except for processing and registration fees), the Ministry in-charge of Education would be expected to pay compensation to acquire land in this category in cases where the state-owned land is being used by farmers or for instance grazed upon, settled upon or other wise being used. “Privately” owned property, would have to be acquired at the market value. The guiding principle is that whoever was using the land to be acquired would be provided other land of equal size and quality.
The ZSEDP project will require in the most cases, the use of Government lands. Therefore, valuation methods for affected land and assets would depend on the type of use of the land in question. Land assets would be valued according to the valuation methods described below and compensation paid for. The MoEVT would compensate for assets and investments, including labor, crops, buildings, and other improvements, according to the provisions of the resettlement plan. Compensation rates would be market rates as of the date and time that the replacement is to be provided. The market prices for cash crops would have to be determined. Calculations for compensation would not be made after the entitlement cut-off date in compliance with this policy. For community land held under customary law, the permanent loss of any such land will be
40 covered by community compensation, which will be in-kind, only. However, because the bank policy on resettlement, OP4.12, makes no distinction between statute and customary rights, not only assets and investments will be compensated for, but also land. Thus, a customary land owner or land user on state owned land will be compensated for land, assets, investments, loss of access etc. at market rates at the time of the loss.
8.2 Valuation procedure to be followed
8.2.1 Use of Standard Valuation Tables Due to the localized nature of school projects, it would therefore be unwise to deploy an individual valuation expert in each and every case. It is therefore proposed that an evaluation expert is contracted by the MoEVT at the project outset to develop a standardized procedure for asset valuation, which can then be applied by a project representative at the local and/or district level (e.g. the Program Social Mitigation Officer or Environment and Social Officer). This standardized procedure would include a series of ‘look-up’ tables for estimating asset value by type according to the approximate size and condition of the existing asset.
The tables would necessarily be developed using legally acceptable valuation procedures accepted by both the RGZ and World Bank for purposes of fairness and consistency. The approach will consider replacement costs and types and levels of compensation under the Zanzibar law, and valuation of lost assets will be made at their replacement cost as discussed in Section 8 of this RPF.
8.2.2 Preparation of Asset Inventory In order to prepare an inventory of assets for a sub-project, a field team would visit the affected area to carry out an asset valuation survey. The team would be led by an appropriate project representative (1), and would include the Regional Education Representative, Local Sheha, a representative of the PAPs, a representative of the Department of Lands, a Representative of the District Administration, the Local Councilor and a village representative (collectively referred to as the Compensation Committee).
During the survey, each asset will be enumerated and inscribed on an inventory and a valuation of the asset carried out using the approach described above. The values of each asset will then be recorded in a register and shown to the affected person for agreement. The register will be signed and a copy given on the spot to the affected person. The document will say when the affected person will be notified, and that the inventory will not be official until a second signed copy, verified by project supervisory staff, is returned to the affected person. At this time, a copy of the grievance procedure will also be given to the affected person as stated in the grievance redress mechanism.
An example of a land asset and physical inventory survey form is provided in Annex G.
8.2.3 Compensation Payments and Related Considerations.
Individual and household compensation will be made in cash, in kind, and/or through assistance. The type of compensation will be an individual choice although every effort will be made to
41 instill the importance and preference of accepting in kind compensation if the loss amounts to more that 20% of the total loss of subsistence assets (Table 8.1).
TABLE 8.1 FORMS OF COMPENSATION Compensation will be calculated in Tanzania Shillings. Cash Payments Rates will be adjusted for inflation. Compensation may include items such as land, houses, and In-kind Compensation other buildings, building materials, seedlings, agricultural inputs and financial credits for equipment. Assistance may include title fees, moving allowance, Assistance transportation, labor and any other fees as a result acquisition.
Making compensation payments raises some issues regarding inflation, security and timing that must be considered. One purpose of providing in-kind compensation is to reduce inflationary pressures on the costs of goods and services. Local inflation may still occur, thus market prices will be monitored within the time period that compensation is being made to allow for adjustments in compensation values. The question of security, especially for people who will be receiving cash compensation payments needs to be addressed by the local administration. Local banks and micro finance institutions should work closely with the local administration at this level to encourage the use of their facilities, which will positively impact the growth of the local economies. The time and place for in-kind compensation payments will be decided upon by each recipient in consultation with the School Boards and the LGAs. Monetary payments should be paid at a time in relation to the seasonal calendar.
8.3 Valuation methods to be adopted
8.3.1 Replacement Cost Approach The replacement cost approach is based on the premise that the costs of replacing productive assets is based on damages caused by project operations. These costs are taken as a minimum estimate of the value of measures that will reduce the damage or improve on on-site management practices and thereby prevent damage. The approach involves direct replacement of expropriated assets and covers an amount that is sufficient for asset replacement, moving expenses and other transaction costs.
8.3.2 Gross Current Replacement Cost Gross Current Replacement Cost (GCRC) is defined as the estimated cost of erecting a new building having the same gross external area as that of the existing one, with the same site works and services and on a similar piece of land.
8.3.3 Other methods
Rates from Contractors When rate schedules do not exist or are out of date, recent quotations by contractors for similar types of construction in the vicinity of the project can be used for calculating replacement costs. In projects offering the options of cash compensation or alternative accommodation, the
42 construction cost estimates for alternative accommodation could be used for calculating cash compensation payable.
Schedule of rates from the Departments of Agriculture, Lands and Communications The Departments of Agriculture and Lands have schedules of rates for preparing estimates for compensation of acquired land and lost crops and trees respectively, while department of construction could provide costs for construction materials and labour, which the appointed Resettlement Service Providers could use to undertake assessment. When applied to calculation of replacement cost (see above), rates current for the period of actual replacement must be used.
8.4 Calculation of compensation by asset
Contained below are methods of calculation which should be adopted for the preparation of the aforementioned standardized asset valuation tables and/or the application of specific case-by-case valuations in the case of projects that have significant impacts.
8.4.1 Compensation for Land
Compensation for land is aimed at providing a farmer whose land is acquired and used for project purposes with compensation for land labor and crop loss. For this reason, and for transparency, “Land” is defined as an area or Homestead:
i. In cultivation
ii. Being prepared for cultivation, or
iii. Cultivated during the last agricultural season
This definition recognizes that the biggest investment a farmer makes in producing a crop is his of her labor. A farmer works on his/her land most of the months of the year. The major input for producing a crop is not seed or fertilizer, but the significant labor put into the land each year by the farmer. As a result, compensation relating to land will cover the market price of labor invested as well as the market price of the crop lost. i. Land measurement
For purposes of measuring land, the unit of measurement would be that which is used and understood by the affected farmers. Therefore, in rural areas if a traditional unit of measurement exists, that unit should be used. If a traditional unit of measurement does not exist in a particular area then it is recommended that land should be measured in meters or any other internationally accepted unit of measurement. However, in such an event, the unit that is being used must be explained to the affected farmers/users and must somehow be related to easily recognizable land features that the communities are familiar with, such as using location of trees, stumps, etc. as immovable pegs. The most important concern of this exercise is to ensure that the affected person is able to verify using his/her own standards/units of measurement for him/herself, the size of land that is being lost. Ensuring that this occurs maintains transparency in the system and will thus avoid subsequent accusations of wrong measurements or miscalculation of areas. For instance, a farmer losing a certain piece of land should know exactly how much land he/she is losing, in terms of size and the replacement land must be at least of that same size and comparable value as land lost, determinable by the farmer.
43 ii. Calculation of Crops Compensation Rate
The current prices for cash crops would have to be determined. All crops to be compensated using a single rate regardless of the crop grown. This rate incorporates the value of crops and the value of the labor invested in preparing a new land. Determining compensation using a single rate creates transparency because anyone can measure the area of land for which compensation is due and multiply that by a single rate known to all. This approach also allows assignment of values to previous year’s land (land in which a farmer has already invested labor) and land that have been planted but have not yet sprouted. Further, it avoids contention over crop density and quality of mixed cropping. The value of the labor invested in preparing agricultural land will be compensated at the average wage in the community for the same period of time. The rate used for land compensation is to be updated to reflect values at the time compensation is paid. The following example, which is based on 2003 data, derives a total value for a one hectare land from the value of the crops on the land and the value of labor invested in preparing a replacement land (Table 8.2).
TABLE8.2. METHOD TO BE USED TO DETERMINE A MONETARY COMPENSATION RATE FOR LAND (Based on 2006 data. Tanzania Shillings payments will be revised to reflect crop values and labor rates in effect at the time of compensation) Item Compensated Basis of Value Tanzania Shillings/ha
Average of the highest 2006 official and market survey Value of Crops land prices per ha of staple food crops (maize, rice etc.), plus cash crops (e.g. sugar cane, corn).
Labor costs of preparing a Labor Invested replacement land. Total Replacement value of crops plus labor. * Note: This Table assumes a one-hectare land. 1)
Crop values will be determined based on:
i. A combination of staple foods and cash crops. Specifically, the 80/20 ratio of land that a farmer typically has in food crops and cash crops is used to determine the chances s/he would lose food crop rather than a cash crop income.
ii. The value of stable crops to be taken as the highest market price (over 3 years) reached during the year, in recognition of these factors:
a. Although most farmers grow staple crops mainly for home consumption, they always have the option of selling these crops to take advantage of the market.
44 b. Farmers most often purchase cereals when they have run out, during the “hungry season” when prices are high. Compensating at a lower value might put the individual or household at risk.
c. Averaging the highest price of stable foods yields a high per ha value that reimburses for the vegetables and other foods that are commonly inter-cropped with staples, but are almost impossible to measure for compensation.
iii. The labor cost for preparing replacement land is calculated on what it would cost a farmer to create a replacement land. This value is found by adding together the average costs of clearing, plowing, sowing, weeding twice, and harvesting the crop. Labor costs will be paid in Tanzania Shillings at the prevailing market rates.
The following table presents an example of a compensation schedule for a one-hectare land. The Tanzania Shillings values are based on arbitrary labor rates, which will need to be validated at the time payments are made (Table 8.3).
TABLE 8.3. LAND COMPENSATION SCHEDULE OF PAYMENTS
Month Paid (generic, may be different Labor in Tanzania Shillings/ha Activity depending on climate zones) Rate Cost/day x no. Of days Clear March Plough May Sow May Weed May Harvest November Total All agricultural labor activities are included for two reasons. First, because of the need for transparency, all land labor will be compensated for at the same rate. Second, it is difficult to forecast when during the growing season a farmer might need to give up his/her land. Thus, the land compensation covers all investments that a farmer will make. In certain cases, assistance may be provided to land users in addition to compensation payments, for example, if the farmer is notified that his/her land is needed after the agriculturally critical date of March (generic date, may be different in Zanzibar and across climate zones) when s/he will no longer have enough time to prepare another land without help. Assistance will be provided in the form of labor intensive village hire, or perhaps mechanized clearing, so that replacement land will be ready by the sowing dates. The farmer will still continue to receive his/her cash compensation so that /s/he can pay for sowing, weeding and harvesting.
8.4.2 Compensation for Buildings and Structures.
Compensation will be paid by replacing structures such as huts, houses, farm outbuildings, latrines and fences. Any homes lost will be rebuilt on acquired replacement land, however cash compensation would be available as a preferred option for structures (i.e. extra buildings) lost, that are not the main house or house in which someone is living. The going market prices for construction materials will be determined. Alternatively, compensation will be paid in-kind for the replacement cost without depreciation of the structure. The project will survey these prices for administrative purposes on an ongoing basis.
8.4.3 Compensation will be made for structures that are: (Table 8.4)
45 i. Abandoned because of relocation or resettlement of an individual or household, Or ii. Directly damaged by construction activities. iii. Replacement values will be based on: iv. Drawings of individual’s house and all its related structures and support services, v. Average replacement costs of different types of household buildings and structures based on collection of information on the numbers and types of materials used to construct different types of structures (e.g. bricks, rafters, bundles of straw, doors etc.), vi. Prices of these items collected in different local markets, vii. Costs for transportation and delivery of these items to acquired/replacement land or building site, viii. Estimates of construction of new buildings including labor required.
TABLE 8.4 COMPENSATION FOR BUILDINGS AND STRUCTURES
Buildings and structures will be replaced by an equivalent structure or, on an exception basis, cash and/or credits will be paid based on replacement costs. Item Example House Raw or Baked brick Straw or tin roof Varying sizes (small, medium large) Kitchen Open, closed Stables/sheds/pens Cattle, goat, donkey, sheep, other Coops Chicken, duck, other Fence Straw/poles (per unit poles & mat), raw and/or baked brick/cement blocks (per 1-m length) Private Bathing . Latrine Replacement latrines will be similar to those currently operational and financed by the bank or other donor agencies at health centers, schools. Open well Internally lined with concrete rings and provided with a hand driven pump. Storage building Cement/sand block walls with thatched roof on z-profiled metal sheets. Sun Screen open Similar to those replaced, on thatched roof on wood poles. huts/shades
8.4.4 Compensation for Sacred Sites
This policy does not permit the use of land that is defined to be cultural property by the Banks Safeguards OP 4.11. Sacred sites include but not restricted only to; altars, initiation centers, ritual sites, tombs and cemeteries. It includes other such sites or places/features that are accepted by local laws (including customary), practice, tradition and culture as sacred. To avoid any possible conflicts between individuals and/or communities/homesteads/village government the use of sacred sites for any project activity is not permitted under this project.
8.4.5 Compensation for vegetable gardens and beehives
Gardens are planted with vegetable and ingredients for daily use. Until a replacement garden starts to bear, the family displaced (economically or physically) as a result of the project land
46 needs will have to purchase these items in the market. The replacement costs therefore, will be calculated based on the average amount that an average town dweller spends on buying these items for one year per adult from the local market.
Beehives are placed in various locations in the bush by some individuals that specialize in honey gathering. If such hives would be disturbed by the project activities, or access to hives is denied, beekeepers can move them, and the bees will adapt to the new locations. Beekeepers would be compensated by the value of one season’s production costs of honey for each hive that is moved and any reasonable costs associated with moving the hive.
8.4.6 Compensation for Horticultural, Floricultural and Economic/ Fruit trees
Zanzibar’s has a highly conducive weather for growing of economic and fruit trees like Coconuts, Mangoes, Cloves among other coastal fruit trees which are almost found in every farm (Unguja almost does not have any Clove Trees grown for economic purposes.
Where they exist on affected land the following example, on Mango trees for instance will serve as a guide on how to value fruit trees and other trees of nutritional, medicinal and other significant economic value.
They are primarily important as a source of:
i. Subsistence food for families ii. Cash produce that contribute to the local and export economy iii. Petty market income in some areas, and iv. Shade (in the case of mango and some guava trees). v. Traditional medicinal value.
Given their significance to the local subsistence economy, which this project intends to positively impact, fruit trees will be compensated on a combined replacement/market value. Fruit trees used for commercial purposes will be compensated at market value based on historical production records. If households chose to resettle, they will be compensated for the labor invested in the trees they leave behind, because they will continue to own the trees left behind under customary rights. It is not uncommon for individuals to own trees in other villages in which they formally lived and, in some cases, to continue to harvest fruit from those trees for subsistence purposes and/or sale to traders. If a household/individual chooses to transfer ownership of the trees, transfer costs will be paid in addition to labor costs. The compensation rate will be based on information obtained from the socio-economic information. Based on the information, a compensation schedule for trees can be developed incorporating the following goals:
i. Replace subsistence Economic Trees/ Fruit (e.g. Coconuts, Cloves and mango) production yields as quickly as possible.
ii. Provide subsistence farmers with trees to extend the number of months of the year during which the fruit (e.g. guavas/mangoes) are produced and can be harvested as a supplemental source of food for their families during their “hungry season”.
iii. Provide farmers with the opportunity to derive additional production income from trees bearing more valuable fruits at off-season periods.
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iv. Provide cash payments to farmers to replace pre-project income derived from the sale of excess fruit production until replacement trees produce the equivalent (or more) in projected cash income.
The compensation schedule is based on providing a combination of new grafted and local trees to farmers, as well as cash payments to offset lost yearly income. The schedule could assume the following (the figures in TSH (x no.) (Tables 8.5 and 8.6):
Table 8.5. Local Economic/ Fruit Trees, e.g. Coconut, Cloves, and Mangoes
Estimated Avg. Fruit Yield (kg) of Mature tree 800 to 1,300 kg/year Estimated Yield used Ten sacks (1,000kg)/tree/year Market Price, ƒ Height of harvest season TSH/kg (March/April) TSH/kg ƒEnd of season (late May)
Price used as basis of this estimate 80% height of season; 20% end of season Years to Production Six to seven Years to Maximum Production Twenty Costs of Sapling TSH, locally available. Grafted Fruit Trees, e.g. Mangoes Estimated Avg. Fruit Yield (kg) of Mature tree 800 to 1,300 kg/year Estimated Yield used Almost entire yield due to market value Market Price, (varies according to variety) ƒHeight of harvest season (June/September) TSH/kg Price used as basis of this estimate Price per fruit or sac (100kg) as quoted by growers Years to Production Four to five Years to Maximum Production Eight Costs of Sapling TSH, not locally available.
Table 8.6. Proposed Schedule for Economic/ Fruit (e.g. Cloves, Coconuts or Mango) Trees Cut Down
Est. Type/Age of Tree Credits/Financial Support. Years Sapling 0-1 TSH Trees planted after project cut-off date in area will not be eligible for compensation Sapling/Young Tree 1-6 Equivalent of X no. TSH in credits or other financial support for labor First minor production invested in planting, fencing, and watering, made in one payment. 12-50 fruits occurs about age 4-5 Guava/Mango Trees 6-30+ Equivalent of X no. TSH in credits or other financial support for labor Fruit Producing invested in planting, fencing, and watering, made in one payment.
48 Equivalent of X no. TSH in credits or other financial support, representing eight years, (8 years x 10 sacks x X TSH/sack) lost income/subsistence until replacement trees begin production. This rate to be agreed by farmers. Total: Equivalent of X no. TSH in cash or equivalent financial support to be paid in one installment. Mature Trees – Low or 30+ Same as above Non- Fruit Producing
No compensation will be paid for minor pruning of trees. Compensation for removal of limbs will be prorated on the basis of the number of square metres of surface area removed. The total surface area of the tree will be calculated using the following formula: (½ diameter of canopy )2 x 3.14.
8.4.7 Other domestic fruit and shade trees.
These trees have recognized local market values, depending upon the species and age. Individual compensation for wild trees “owned” by individuals, who are located in lands as defined in this policy will be paid. Note that wild, productive trees belong to the community when they occur in the true bush as opposed to a fallow land. These trees will be compensated for under the umbrella of the village or community compensation.
No compensation will be paid for minor pruning of trees. Compensation for removal of limbs will be prorated on the basis of the number of square metres of surface area removed. The total surface area of the tree will be calculated using the following formula: ( ½ diameter of canopy )2 x 3.14.
9. ORGANIZATIONAL PROCEDURES FOR THE DELIVERY OF ENTITLEMENTS, INCLUDING, FOR PROJECTS INVOLVING PRIVATE SECTOR INTERMEDIARIES, THE RESPONSIBILITIES OF THE FINANCIAL INTERMEDIARY, THE GOVERNMENT, AND THE PRIVATE DEVELOPER.
Overview
This section deals with the organizational procedures for the delivery of entitlements, including, for projects responsibilities.
9.1 Procedure for the delivery of entitlements
Compensation (and resettlement) will be funded like any other activity eligible under the projects’ administrative and financial management rules and manuals.
Funding would be processed and effected through the MoEVT financial processing arrangements.
The compensation process which will involve several steps would be in accordance with the MoEVT resettlement and compensation plans, significantly (Figure 9.1);
49 i. Public Participation with the PAPs would initiate the compensation process as part of an ongoing process that would have started at the planning stages when the technical designs are being developed and at the land selection/screening stage. This would ensure that no affected individual/household is simply “notified” one day that they are affected in this way. Instead, this process seeks their involvement and wishes to involve PAPs in a participatory approach with the project, from the beginning as outlined in item k. of this report.
ii. Notification of land resource holders – incases where there is clearly no identified owner/user, the respective regional land boards and the traditional leaders having been involved in identifying the land that the management committee’s require will notify the community leaders and representatives who will help to identify and locate the land users. These leaders and representatives will also be charged with the responsibility to notify their members about the established cut-off date and its significance. The user(s) will be informed through both a formal notification in writing and by verbal notification delivered in the presence of the community leaders or their representative. In addition, representatives of traditional leaders, religious leaders, other elders and individuals who control pastoral routes, fishing areas, wild trees, or beehives, hunting areas will accompany the survey teams to identify sensitive areas.
iii. Documentation of Holdings and Assets – the regional land board and traditional leaders and officials of the management committee will arrange meetings with affected individuals to discuss the compensation process. For each individual or household affected, officials of the School Board completes a compensation dossier containing necessary personal information on, the affected party and those that s/he claims as household members and dependents, total land holdings, inventory of assets affected, and information for monitoring their future situation. This information is confirmed and witnessed by regional land board, traditional leaders or their representatives. Dossiers will be kept current and will include documentation of lands surrendered. This is necessary because it is one way in which an individual can be monitored over time. All claims and assets will be documented in writing.
iv. Agreement on Compensation and Preparation of Contracts – All types of compensation are to be clearly explained to the individual and households involved. The respective management committee draws up a contract listing all property, assets and land being surrendered, and the types of compensation (cash and/or in-kind) selected. A person selecting in-kind compensation has an order form, which is signed and witnessed. The compensation contract and the grievance redress mechanisms are read aloud in the presence of the affected parties and the representative of the regional land board and the traditional leaders prior to signing.
v. Compensation Payments – All handing over of property such as land and buildings and compensation payments will be made in the presence of the affected party, the traditional leaders and their officials and representative of the local government administration.
Community Compensation Payments
Community compensation will be in-kind only for a community as a whole in the form of reconstruction of the facility to at least the same standard or equivalent better standard required by local planning regulation. Examples of community compensation include:
50 1 School Building (public or religious)
2 Public Toilets
3 Well or Pump
4 Market Place
5 Road
Community compensation may in itself require land take and people may be affected, thus a change of impacts which will be compensated for.
10. DESCRIPTION OF THE IMPLEMENTATION PROCESS, LINKING RESETTLEMENT IMPLEMENTATION TO CIVIL WORKS.
OVERVIEW
Before any project activity is implemented, PAPs will need to be compensated in accordance with the resettlement policy framework. For activities involving land acquisition or loss, denial or restriction to access, it is further required that these measures include provision of compensation and of other assistance required for relocation, prior to displacement, and preparation and provision of resettlement sites with adequate facilities, where required. In particular, the taking of land and related assets may take place only after compensation has been paid and, where applicable, resettlement sites and moving allowances have been provided to displaced persons.
For project activities requiring relocation or loss of shelter, the policy further requires that measures to assist the displaced persons are implemented in accordance with the individual RAPs. The measures to ensure compliance with this RPF would be included in the RAPs that would be prepared for each land involving resettlement or compensation.
The schedule for the implementation of activities must be agreed to between the Resettlement Committee and the PAPs, such as target dates for start and completion of civil works, timetables for transfers of completed civil works to PAPs, dates of possession of land that PAPs are using (this date must be after transfer date for completed civil works to PAPs and payments of all compensation), and how these activities are linked to the implementation of the overall sub project.
The screening process must ensure that RAPs contain acceptable measures that link resettlement activity to civil works in compliance with this policy. The timing mechanism of these measures would ensure that no individual or affected household would be displaced (economically or physically) due to civil works activity before compensation is paid and resettlement sites with adequate facilities are prepared and provided for to the individual or homestead affected. Once the RAP is approved by the local and national authorities, the RAP should be sent to the World Bank for final review and approval.
10.1 Project launching
51 At each School project launching, an assessment of the social impacts of each project will be conducted. Particularly for projects presumed to induce extensive adverse social impacts. The assessment will help to:
i. Determine which mitigation measures to be taken; ii. Establish whether or not detailed RAPs with timetables and budgets should be prepared.
Terms of reference (TOR) for the assessments will be drafted by the Office of the President, Special Programmes (PMU) in consultation with the World Bank. Issues to be addressed by the screening process will include: demography, land tenure and socio-economic structures (for larger subprojects involving more than 20 households, as needed); and consultations with local authorities and with the PAPs (for all sub-projects). A key task to be conducted under this process is a household survey describing the extent of the social impacts. At this stage, all PAPs will be listed in order to avoid an influx of people trying to take advantage of the compensation and rehabilitation. A cut off date is proclaimed. That means, a date from which eligibility for compensation will be terminated. New inhabitants coming to the project affected areas will not be considered for compensation. The principles of compensation/rehabilitation will be triggered wherever there will be land acquisition and adverse social impacts.
10.2 Implementation schedule
The timing of the resettlement will be coordinated with the implementation of the main investment component of the project requiring resettlement. All RAPs will include an implementation schedule for each activity covering initial baseline and preparation, actual relocation, and post relocation economic and social activities. The plan should include a target date when the expected benefits for resettlers and hosts would be achieved. Arrangements for monitoring implementation of resettlement and evaluating its impact will be developed during project preparation and used during supervision. Monitoring provides both a warning system for project managers and a channel for the resettlers to make known their needs and their reactions to resettlement execution.
Environmental and social impact assessments, if deemed necessary through the application of the ESMF, will be conducted parallel with the design of the school/college projects, and will determine the number of PAPs and to assess demand of needs of the displaced persons. The needs are such as, housing, water, health facilities and sanitation.
Target dates for achievements of expected benefits to resettled persons and hosts are to be set. Disseminating various forms of assistance to them will be done. Planning and coordination of the tasks of the various actors are key to successful implementation. To achieve this goal, workshops will be organized with the stakeholders and other relevant government agencies, at project launching and at the commencement of every subproject identified to have adverse social impacts.
The stakeholders will be requested to participate in the decision making process and provide inputs in the area of their expertise in order to establish a coherent work plan or schedule. PAPs will also be consulted with the aim of obtaining their positions on issues at stake. The requirements of their work/programs/business activities will be incorporated in the expropriation/compensatory plans.
52 The workshops will focus on:
i. Taking stock of the legal framework for compensation.
ii. Settling institutional arrangements and mechanisms for payment of compensation.
iii. Defining tasks and responsibilities of each stakeholder and
iv. Establishing a work plan.
An implementation schedule of activities is to be undertaken to guide the implementation process of the Program modeled with a feed back mechanism aimed at establishing a diagnostic framework for the implementation process.
53 11. A DESCRIPTION OF GRIEVANCE REDRESS MECHANISMS.
Overview
This chapter sets out the measures to be used to manage grievances that may arise from compensation or any other matter relating to impact on a PAP that any PAP may deem not adequately addressed. Grievances may arise from members of communities who are dissatisfied with:
i. The eligibility criteria, ii. Addressing of community issues in school planning and design or iii. Actual implementation.
The overall process of grievance is as follows:
i. Compensation committees including representatives of PAPs will establish the compensation rates using institutionalized informed sources for valuation rates.
ii. During the initial stages of the valuation process, the affected persons are given copies of grievance procedures as a guide on how to handle the grievances.
iii. The process of grievance redress will start with registration of the grievances to be addressed for reference, and to enable progress updates of the cases. An example of a grievance redress form is provided in Annex H.
iv. The project will use a local mechanism, which includes peers and local leaders of the affected people. These will ensure equity across cases; they eliminate nuisance claims and satisfy legitimate claimants at low cost.
v. The response time will depend on the issue to be addressed but it should be addressed with efficiency.
vi. Compensation will be paid to individual PAPs only after a written consent of the PAPs, including both husband and wife where applicable.
vii. Should a PAP refuse the compensation suggested, he/she could appeal to the local Resettlement Committee of ZSEDP.
viii. A Compensation Committee and Department of Lands at the local level will first revise his/her case.
ix. Then the Compensation Committee will draft its inclusions and submit them to the Resettlement Committee for deliberation in the aim of settling the differences.
x. And when these have failed the individual PAP has the right to take his case to the civil courts for litigation.
54 In order to deal with the grievance that may rise during the implementation of the RAP, there is need to incorporate a grievance redress process with Resettlement Committee, District/Regional Administration and with PAPs representatives committee to hear the complaints and provide solutions, and reduce unnecessary litigation by resolving disputes through mediations.
11.2 Grievance redress process
At the time that the individual resettlement plans are approved and individual compensation contracts are signed, affected individuals and households would have been informed of the process for expressing dissatisfaction and to seek redress. The grievance procedure will be simple, administered as far as possible at the local levels to facilitate access.
The MoEVT being a party to the contract would not be the best office to receive, handle and rule on disputes. Therefore, taking these concerns into account, all grievances concerning non- fulfillment of contracts, levels of compensation, or seizure of assets without compensation should be addressed to the Resettlement Committee and the District / Regional Administration should the former fail to yield results (See Fig 11.1).
If the verdict rendered by the Resettlement Committee is not acceptable to either the individual affected or the MoEVT, then the parties in their compensation contract would have agreed that the matter would be appealed to the District/ Regional Administration and other higher levels. The grievance redress mechanism accepts that the compensation and resettlement plans will be (contracts) binding under statute. The grievance redress mechanisms is designed with the objective of solving disputes at the earliest possible time which will be in the interest of all parties concerned and therefore implicitly discourages referring such matters to the Tribunal /law courts for resolution which would otherwise take a considerably longer time.
Also, in the local communities it takes people time to decide that they are aggrieved and want to complain. Therefore, the grievance procedures will give people up to the end of the next full agricultural season after surrendering their assets to set forth their case.
All attempts would be made to settle grievances. Those seeking redress and wishing to state grievances would do so by notifying their Sheha who is the government representative at the village level. The Sheha will inform and consult with the Resettlement Committee, to determine claims validity. If valid, the local Sheha will notify the complainant and s/he will be settled. If the complainants’ claim is rejected, then the matter will be brought before the District/ Regional Administration for settlement. The decision of the District/ Regional Administration would be final and all such decisions must be reached within a full growing season after the complaint is lodged.
If a complaint pattern emerges, the MoEVT, District /Regional Administration and the Department of lands will discuss possible remediation. The local leaders will be required to give advice concerning the need for revisions to procedures. Once they agree on necessary and appropriate changes, then a written description of the changed process will be made. The MoEVT, the District/ Regional Administration, and Sheha will be responsible for communicating any changes to future potential PAPs when the consultation process with them begins
11.3 PAPs representative Committee
PAPs Representative Committee shall carry out the following as regard to redressing grievances:
55
i. Hear the grievances of the PAPs, and provide an early solution to those they able to ii. Immediately bring any serious matters to the attention of the Resettlement Committee iii. Inform the aggrieved parties about the progress of their grievances and the decisions of the Resettlement Committee.
A Grievance Redress Committee will be constituted to register the grievance raised by the PAPs and address the grievance forwarded by the PAPs representative committee. The Grievance Redress Committee will try as much as possible to arrive at a compromise for the complaints raised. This may be obtained through series of conciliations, mediations and negotiations exercises conducted with the PAPs.
If PAPs accept the recommendations made by the committee, the committee along with PAPs who are willing to take part in these proceedings may hold mediations at the appointed places. In situations where PAPs are not satisfied with the decision of Grievance Redress committee, the PAPs can approach the Tribunal/ court of law.
The response time for cases handled in both committees will depend on the issues addressed but it should be as short as it is possible.
56 12. A DESCRIPTION OF THE ARRANGEMENTS FOR FUNDING RESETTLEMENT AND COMPENSATION, INCLUDING THE PREPARATION AND REVIEW OF COSTS ESTIMATES, THE FLOW OF FUNDS, AND CONTINGENCY ARRANGEMENTS.
Overview
Resettlement activities in Zanzibar can be financed through a number of arrangements, namely: government budget; loans borrowed from the domestic market by governments; loans borrowed from development partners; and grants. In the case of the ZSEDP projects, the resettlement budget will be financed through a credit finance advanced to the Revolutionary Government of Zanzibar by the World Bank under the ZSEDP project.
12.1 Resettlement funding
At this stage, it is not possible to estimate the exact number of people who may be affected since the technical designs/details have not yet been developed and land needs have not yet been decided upon. When these locations are known, and after the conclusion of the site specific socio- economic study, information on specific impacts, individual and household incomes and numbers of affected people and other demographic data would be available, thus facilitating the preparation of a detailed and accurate budget for resettlement and compensation. The Department of Policy and Planning, MoEVT will prepare the resettlement budget and will finance this budget through the administrative and financial management rules and manuals like any other activity eligible for payment under the ZSEDP. This budget will be subject to the approval by MoEVT. Each RAP will include a detailed budget, using the following template (Table 12.1):
Table 12.1: Itemized Resettlement Cost
# Item Costs (in Assumptions TSH)* 1 Compensation for loss of For land acquisition purposes, based on cost realized in /hectare Land projects involving similar issues in Tanzania. 2 Compensation for loss of Includes costs of labor invested and average of highest /hectare of farm Crops price of staple food crops as per methods described in lost Section G of this RPF 3 Compensation for loss of Those affected would be provided with shared access, or access to pastoralists N/a alternate routes (decision agreed through consultation and participation of all) 4 Compensation for loss of Data provided from revised socio-economic study will access to fishing resources. Say, /fishmonger determine market values of catch, fish products etc. that is produced. 5 Compensation for Buildings This compensation would be in-kind. These new and Structures buildings would be built and then given to those affected. Cost based on basic housing needs for a family of ten, including house with four bedrooms, ventilated pit latrines, outside kitchen and storage. 6 Compensation for Trees Based on methods described on page 28-29 of this RPF /year/tree for compensation for trees. 7 Cost of Relocation /household/ This cost is to facilitate transportation, etc.
57 Assistance/Expenses School 8 Cost of Restoration of Assumed to be higher than the GDP/capita. Say Individual Income 9 Cost of Restoration of Through employment in Program Activities. Say Household Income 10 Cost of Training Farmers, This is a mitigation measure, which seeks to involve pastoralists and other PAPs those affected by the project activities. This figure represents a costs of around TSH/person * These costs are to be confirmed during the socio-economic study and revised at the time the payments are made
At this stage, all that can be reasonably and meaningfully prepared is an indicative budget, highlighting key features that the budget must contain. This is shown in Table 12.2.
Table 12.2 Indicative Costs for RPF Implementation
Resettlement Item Rate in US$ Per Project Total amount in US$
Resettlement compensation for Assumes of approximately @ projects US$200,000 per project for 10 new 3,600,000 school construction and 8 Rehabilitation projects Assumes external assistance required Preparation of full RAP studies for for 18 full RAP studies @ 360,000 projects 20k per study (average) Assumes external expert costs of Monitoring and evaluation costs US$ 15,000 per year over full Ten 150,000 year period
Capacity Building for RPFs, RAPs Assumed at US$ 20,000 per Item for 60,000 and ESMF 3 Items
Total 4,710,000
13. A DESCRIPTION OF MECHANISMS FOR CONSULTATIONS WITH, AND PARTICIPATION OF, DISPLACED (ECONOMICALLY OR PHYSICALLY) PERSONS IN PLANNING, IMPLEMENTATION, AND MONITORING.
Overview
The involvement of involuntary resettlers and hosts in planning prior to the move is critical. Banking on the land statutory arrangements of Zanzibar and the Muslim faith concerning giving up of land for the benefit of a larger majority, resistance to the idea of involuntary resettlement is least expected. To obtain cooperation, participation, and feedback, the affected hosts and resettlers will be systematically informed and consulted during preparation of the resettlement
58 plan about their options and rights. They will also be able to choose from a number of acceptable resettlement alternatives.
Particular attention must be given to vulnerable groups such as the landless, and women to ensure that they are represented adequately in such arrangements.
The plan should address and mitigate the resettlement’s impact on host populations. Host communities and District Administration should be informed and consulted. Any payments due to the hosts for land or other assets provided to resettlers should be promptly rendered.
Conflicts between hosts and resettlers is least expected to develop even if increased demands are placed on land, water, services etc because of the existing level of service already provided by the government of Zanzibar with respect to water supply and open policy of all land belonging to government. All in all, conditions and services in host communities should improve, or at least not deteriorate. Providing improved education, water, health and production services to both groups fosters a better social climate for their integration. In the long run, the extra investment will help prevent conflicts and secure the project’s aim.
Successful resettlement requires a timely transfer of responsibility from settlement agencies to the resettlers themselves. Otherwise, a dependency relationship may arise, and agency resources may become tied up in a limited number of continually supervised schemes. Local leadership must be encouraged to assume responsibility for environmental management and sustained schools maintenance.
Relocating or compensating people implies communication or dialogue with the stakeholders.
The consultation and participation process will include:
i. Data collecting ii. Preparation and collecting operation iii. Implementation of operation iv. Monitoring and evaluation.
The project will coordinate all four operations.
13.1 Data collecting phase
After familiarizing themselves with the project area through reading and consultations with the MoEVT, Department of Lands and Environment, the consultants will design appropriate questionnaires intended for data collection at project location levels. The levels will vary from households to community groups, based on the TOR.
The consultant will design questionnaires for data collection from various households, organizations and institutions such as women groups, farmers’ associations, individual farm units, primary and/or secondary schools, health centres and agricultural cooperative unions or individual farm units, depending on the nature of information source.
All the actors will constitute the main taskforce in the collecting phase. PAPs will be consulted to participate in the data-collecting phase by providing socio-economic information about their
59 livelihoods. This could be done through use of forms, questionnaires and interviews. Persons or groups of persons at the project sites, location, village levels, or household levels to be interviewed will also be identified and selected through stratified random sampling. Those to be interviewed include:
i. Those directly affected by physical works ii. Scientifically accepted number of respondent households for each subproject location.
The PAPs will be consulted through “town hall” meetings at District Administration Headquarters and other local government facilities to share information about the project, discuss social impacts of project operations and the mitigation measures suggested. The contribution of the PAPs will be integrated into the project implementation process, from planning to evaluation. Furthermore, data about socio-impacts of the subprojects and the mitigation measures suggested will be provided to local newspapers and radio stations.
The data collected will serve as instruments for the monitoring of the social mitigation measures.
13.2 Implementation operation
During implementation, the PAPs will need to be informed about their rights and options, at which point they will have their say and discuss matters that need clarification. Cash compensation amount and size of land offered for compensation will be presented to each eligible PAP (husband and wife) for consideration and endorsement before cash payment or land compensation can be effected. A committee of peers will be set up for grievance redress.
13.3 Monitoring and evaluation phase
The PAPs representatives will participate in the project completion workshops, to give their evaluation of the impacts of the effects of the project. They are also to suggest corrective measures, which may be used to improve implementation of other subprojects. After completion of all expropriation/compensation operations, the PAPs will be consulted in a household survey to be undertaken as a monitoring and evaluation exercise.
60 14. ARRANGEMENTS FOR MONITORING BY THE IMPLEMENTATION AGENCY AND, IF REQUIRED, BY INDEPENDENT MONITORS.
This chapter sets out requirements for the monitoring of the implementation of the RPF. In addition, monitoring of social indicators will be mainstreamed into the overall monitoring and evaluation system for both projects.
Overview
The arrangements for monitoring would fit the overall monitoring plan of the entire ZSEDP, which would be through the Ministry of Education and Vocational Training (MoVET).
The ZSEDP will institute an administrative reporting system that:
i. Alerts project authorities to the necessity for land acquisition in projects design/application package and its technical requirements,
ii. Provides timely information about the valuation and negotiation process,
iii. Reports any grievances that require resolution, and
iv. Documents timely completion of project resettlement obligations (i.e. payment of the agreed-upon sums, construction of new structures, etc.) for all permanent and temporary loses, as well as unanticipated, additional construction damage.
Consistent with the Environmental and Social Management Framework (ESMF) the Department of Policy and Planning and Construction Engineer would be responsible for periodically transferring the information compiled “on the ground” to the MoVET, so that it is alerted in a timely manner to any difficulties arising at the local level.
The objective will be to make a final evaluation in order to determine;
i. if affected people have been paid in full and before implementation of the sub project activities,
ii. if the people who were affected by the program have been affected in such a way that they are now living a higher standard than before, living at the same standard as before, or they are they are actually poorer than before.
A number of indicators would be used in order to determine the status of affected people (land being used compared to before, standard of house compared to before, level of participation in project activities compared to before, how many kids in school compared to before, health standards, etc). Therefore, the resettlement and compensation plans will set two major socio- economic goals by which to evaluate its success:
i. Affected individuals, households, and communities are able to maintain their pre- project standard of living, and even improve on it; and
61 ii. The local communities remain supportive of the project.
iii. The absence or prevalence of conflicts
14.1 MONITORING OF RPF IMPLEMENTATION
The Regional Department of lands Officers will compile basic information on all physical or economic displacement arising from the ZSEDP projects, and convey this information to the Department of Policy and Planning, MoEVT, on a quarterly basis. They will compile the following statistics:
i. No. of sub-projects requiring preparation of a RAP; ii. No. of households, and number of individuals (women, men and children) physically or economically displaced by each sub-project; iii. Length of time from sub-project identification to payment of compensation to PAPs; iv. Timing of compensation in relation to commencement of physical works; v. Amounts of compensation paid to each PAP household (if in cash), or the nature of compensation (if in kind); vi. No. of people raising grievances in relation to each sub-project; vii. No. of unresolved grievances.
The social mitigation officer in the Department of Policy and Planning, MoEVT will scrutinize these statistics in order to determine whether the resettlement planning arrangements as set out in this RPF are being adhered to. They will alert the ZSEDP Project Manager, and the Department of Lands, if there appears to be any discrepancies.
The financial unit under the Department of Policy and Planning, MoEVT will directly monitor compensation and loss of wages. Financial records will be maintained by the Subprojects and the Department of Policy and Planning, MoEVT, to permit calculation of the final cost of resettlement and compensation per individual or household. The statistics will also be provided to an independent consultant that will be contracted on an annual basis, in coordination with the Environmental Audit (as described in the ESMF). The indicators On Table 14.1 will be used to monitor implementation of the RPF.
TABLE 14.1 VERIFIABLE INDICATORS
Evaluation Monitoring
Outstanding compensation or resettlement contracts Outstanding individual compensation or not completed before next agricultural season. resettlement contracts. Communities unable to set village-level Outstanding village compensation contracts. compensation after two years. Grievances recognized as legitimate out of all All legitimate grievances rectified complaints lodged. Pre- project production and income (year before Affected individuals and/or households land used) versus present production and income of compensated or resettled in first year who have resettlers, off-farm-income trainees, and users of maintained their previous standard of living at final improved agricultural techniques. evaluation.
62 Equal or improved production per affected Pre- project production versus present production household/homestead. (crop for crop, land for land).
Pre-project income of vulnerable individuals Higher post- project income of vulnerable identified versus present income of vulnerable individuals. groups
14.1.1 Storage of PAPs Details
Each PAP household will be provided with a signed dossier recording his or her initial situation, all subsequent project use of assets/improvements, and compensation agreed upon and received. The Resettlement Committee and Department of Policy and Planning, MoEVT will maintain a complete database on every individual impacted by the project land use requirements including relocation/ resettlement and compensation, land impacts or damages.
Each individual receiving compensation will have a dossier containing:
i. Individual biological information ii. Number of people s/he claims as household/homestead dependents iii. Amount of land available to the individual or household when the dossier is opened.
Additional information will be acquired for individuals eligible for resettlement and/or compensation:
i. Level of income and of production ii. Inventory of material assets and improvements in land, and iii. Debts.
Each time land is used /acquired by a sub-project; the dossier will be updated to determine if the individual or household/homestead is being affected to the point of economic non-viability and eligibility for compensation/resettlement or its alternatives. These dossiers will provide the foundation for monitoring and evaluation, as well as documentation of compensation agreed to, received, and signed for.
14.1.2 Annual Audit
The annual audit of RPF implementation will include:
i. A summary of the performance of each project vis-à-vis its RAP; ii. A presentation of compliance and progress in the implementation of the RPF.
The audit will: i. Verify results of internal monitoring; ii. Assess whether resettlement objectives have been met; specifically, whether livelihood and living standards have been restored or enhanced; iii. Assess the resettlement efficiency, effectiveness, impact and sustainability, drawing lessons for future resettlement activities and recommending corrections in the implementation;
63 iv. Ascertain whether the resettlement entitlements were appropriate to meeting the objectives and whether the objectives were suited to PAPs conditions.
Annual audit reports will be submitted for scrutiny to the World Bank.
14.2 Socio-economic monitoring
The purpose of socio-economic monitoring is to ensure that PAPs are compensated and recovering on time. It will go on as part of the implementation of each sub-project RAP, to assess whether compensation has been paid, income has been restored and resettlement objectives were appropriate and delivered. Monitoring of living standards will continue following resettlement.
The objective is that the income and standard of living of the PAPs has at least been restored and has not declined. A number of indicators would be used in order to determine the status of affected people (land being used compared to before, standard of house compared to before, level of participation in project activities compared to before, how many children in school compared to before, health standards, etc). Proposals are set out in Table 14.2. The following parameters and verifiable indicators will be used to measure the resettlement and compensation plans performance:
For each subproject with adverse social impacts, a monitoring and evaluation plan of the mitigation measures will be established. As part of the preparation of each RAP, a household survey will be conducted of all PAPs, prior to physical or economic displacement, and this will provide baseline data against which to monitor the performance of the RAP.
Following the completion of all expropriation/compensation operations, a household survey will be conducted. The aim of the survey is to assess the impacts of the social mitigation and measures implemented. In addition, District/ Regional Administration and PAPs will be consulted to provide their assessments of the impacts of social mitigation measures applied.
TABLE 14.2: Possible indicators for social monitoring of ZSEDP
Indicator Target
EDUCATION Literacy rates Increase in basic literacy rates of population targeted by intervention
Enrolment at schools (primary, Increased rates of enrolment of both girls and boys at all schooling levels, secondary, tertiary) to average international rates for those targeted by intervention
Basic qualification levels Increased basic qualification levels of population targeted by intervention to average international levels
Numbers of school leavers Reducing the number of school leavers to average international levels
Number of Trained Teachers Increased number of qualified trained teachers teaching in Secondary Schools in Zanzibar
Number of Applicants for Teachers Increased number of enrollment of trainee teachers at Teachers training
64 Training Colleges College
INCOME LEVELS/ WEALTH
Levels of poverty Elimination of poverty
Total HH income Increases in HH income to levels that exceed expenditure and ensure livelihood security.
Total HH expenditure No change or decreases in average expenditure
HEALTH
Incidence of poor health Good health rate
Rate of contracted diseases especially Disease prevention especially malaria and HIV/ AIDS malaria
Infant mortality rate Prevention of infant deaths
Water borne diseases Non incidence of water borne diseases
SAFETY
Accident rate Non increase in accidents due to project interventions
ANNEX A
ITINERARY
65 ANNEX A: FIELD ITINERARY IN ZANZIBAR
DATE TIME ACTIVITY NIGHT AT
A.M Making Travel Arrangements To Zanzibar Pm Travelling To Zanzibar Via Jomo Kenyatta International Airport Am Meeting Mr. Abdalla Mzee Abdalla Commissioner Of Policy And Planning, MoEVT Meeting other Technical Officers of the Dept. PM Brief meeting with Ivar Strand, World Bank Meeting with Massoud Salim, Planning and Monitoring Division of MoEVT Site Visit to Proposed sites of Muungano Kiembe Samaki, PM Secondary schools and existing Tumekuja, and Forodhani Secondary Schools
Meetings at MoEVT, departments of Lands, 15/12/2006 AM Environment, Water, and NGOs 16 to 17/12/200 weekend Studying documents and reports and preliminary report writing
Departure to Pemba from Zanzibar Airport Meetings at the Pemba Regiona Education Coordinators Office and Pemba Department of Environment Site Visits to Uweleni Secondary school Site Visits to proposed sites of Mauani Mkoani District PM Pujini and Wawi in Chake District Fidel Castro secondary school
AM Site visits to proposed site of Teachers Training College at Mchanaga Mdogo Micheweni District secondary School in Chwaka Wete District secondary school in Mkoani
66
Visit to Utaanini Secondary School site
Meetings at the Pemba Lands and Environment Office
Board Flight back to Unguja -Zanzibar
Meeting at MoEVT Site visits to proposed
Paji Secondary School site
Site visits to proposed Uzini Secondary PM school
AM Site visits to proposed Kinduni North B Secondary school Matemwe North A Secondary School
Site visits to proposed Kijini North A District Secondary School
Site visits to Chaani Secondary School Site visits to proposedLangoni Secondary School
Fianl Debriefing meeting with Mr. Abdalla Mzee Abdalla and key staff of the Dept. of Policy and Planning MoEVT Study team flys back to Nairobi
67
ANNEX B
LIST OF PEOPLE MET
68 ANNEX B: LIST OF PEOPLE MET IN ZANZIBAR
1. Abdalla M. Abdulla-Commissioner of Policy Planning & Budget, Ministry of Educational and Vocational Training, Zanzibar, Tanzania. 2. Masona Mohamed Salim: Head of Policy Planning and Monitoring Division in MOEVT. 3. Mohamed Khamis Mohamed: Headteacher Muungano Primary School 4. Mwanahawa Abdalla Dadi: Assistant Head teacher Muungano Primary School. 5. Sharriffa Mohamed Aleyi: Building Inspector Urban West Region Zanzibar.I 6. Mohamed Mohhamed Ali: Teacher at Tumekuja Secondary School. 7. Scoud Hassan;Ag Headteacher Tumekuja Secondary School. 8. Omar Wadi Omar: Teacher at Tumekuja Secondary School. 9. Mrs Said Omar: Department of Lands. 10. Hamsa Rijal: Head of Environmental Education and Focal Point for Department on SMOL. 11. Badru Mwamvula: Ag Director of Commercial Crops, Fruits and Forestry. Zazibar, 0777492431 12. Yussuf Haji Kombo: Head of Conservation Section Department of CCf&f, Zanzibar. 13. Dr Bakari SaadiAssei: Director of DCCF&F,Zanzibar. 14. Hamisi Subion Mohammed: Coordinator Planning and Budget, Pemba. 15. Abdulla Salim Abdalla: Planning Officer, Chale Chale District. 16. Salim Abdulla Kaalsi: Building Inspector, Southern Pemba. 17. Baruk Kamisi Moiyaka: District Educational and Vocational Training Officer 18. Amed Said Sukwa: Sheba wa Sheria ya Uweleni-Assistant 19. Mohamed Ussay Shaama: Head teacher, Uweleni. 20. Joha Shaban Mutwawa:Afisa ya Maendeleo ya Jamii Wilaya ya Mkoani representing Dc. 21. Shahe Hassan Mohamed: Teacher Uweleni 22. Bi Ubwa Yahya: Head teacher Uweleni 23. Hamisi Juma Osma: DEO Mkoani District. 24. Mohamed Rashid: Head teacher Kiwani Primary School, n neighbouring Mawani New Site. 25. Sabila Mohamed Ali-Shelia Kiwani Machano 26. Khamisi Saki: Chairman Kiwani Primary School. Committee Mzee wa Kijiji. 27. Ali Sale Juma: Headteacher Kiwani Sec School. 28. Salima Yahya Ali: Member of the Shelia 29. Hilali Ali Abdulla: Deputy Head teacher, Kiwani Primary School. 30. Khamis Rashid Nasor: Heaadteacher, Fidel Castrol Secondary School. 31. Suleiman Hamad Salim: Laboratory Assistant Fidel Castrol Secondary School. 32. Salim Hamed: Mainenance Teacher. 33. Sili Said Rashid: Teacher Waki Primary School 34. Maryanne Ali Seif: Teacher. 35. Amirya Said Rashid: Teacher 36. Fatuma Mohamed Yahya: Teacher 37. Nasser Mohamed Ali: Teacher 38. Salleh Rashid Mbwale: Teacher
69 39. Suleiman Abeid Osman: Deputy Head teacher Waki Primary School. 40. Haffif Salim Suleiman: Watchman Community member 41. Juma Bakari Alawi: Head of Pollution Control.DOE Pemba. 42. Faki Salim Faki: Deputy Principal Benjamin Mkapa TTC. 43. Khamis Said Hamid: District Education Officer, Wete. 44. Bakar Ali Omar: Building Inspector, North Pemba. 45. Musa Juma Haji: Ag Head teacher Mchanga Mdogo, Secondary School. 46. Faki Seyyum Faki: District Vocational Training Officer, Mcheweni District. 47. Hidaya Omar Hamisi: District Education Officer, Micheweni District. 48. Suleiman Shame Hamadi: Archives and Antiquities Clerk; Micheweni District 49. Makame Hamisi Makame: District Planning Officer, Wete District 50. Fakhili Haji Hassan: Headteacher Utaani Secondary School. 51. Bi Hadija Mufsin: Shelter & Lands Officer,Ministry of Water and Construction . Chake District 52. Tahir Musa Omar-Head of Lands Department. Pemba. 53. Salim Rashid Abdulla: Head of Department of Survey and Planning. 54. Hassan Juma Khamis: Building Inspector South 55. Ramadhan Mohi Ahmanda; Chief. 56. Suma Haji Ali. 57. Jumbe Khamisi Hamidi 58. Abdul Fatah Mumo Simai. 59. Sudi Haji Jecha 60. Haji Khamis Haji. 61. Nemshi Abdulla . 62. Mzee Rajab Mzale; Diwani 63. Ayoub Haji Jecha; Headteacher 64. Miraji Abdulla Mwendo. 65. Abdulla Issa Makame; Assistant Head teacher. 66. Tabu Mohamed Hassan. 67. Gharib Omar Abdulrazak 68. Abdulgewaba Ayuob Haji. 69. Jeni Suleiman Kitete. 70. Shafi Kassim Ramadhan 71. Haji Khamis Mohamed 72. Nuhu Pandu Haji 73. Hamid Mohamed Rajab 74. Haidari Pandu Haji 75. Nadhifu Abdulfatal Musa 76. Abdulwahid Abdulrahwan 77. Tatu Ame Suleiman; Deputy Headteacher, Uzini Secondary School 78. Ali Nasser Mohamed; Section Leader –Section three Uzini Secondary School. 79. Ali Haji Ubwa-Teacher Uzini Secondary School. 80. Juma Omar Haji; Building Inspector. 81. Musa Awesi Bakar-University of Dar es Salaam Student-but on attachment to Stone Town. 82. Mafunda Ali Abdawa_:Conservation Offices Stone Town. 83. Suhart Suffani Alawi; Civil Engineer Old Town. 84. Ali Amir Khamisi Sheha Kinduni
70 85. Juma Omar Haji School Buildings Inspector, North B District 86. Khalid Abdalla Omar District Planning Officer, North A District 87. Khamisi Mohammed Mohamoud, Education Officer, North A District
71
ANNEX C
ENVIRONMENTALLY SENSITIVE AREAS ( ESA’S) AND ECOSYSTEM
72 ANNEX C: ENVIRONMENTALLY SENSITIVE AREAS ( ESA’S) AND ECOSYSTEMS
1. Areas prone to natural disasters (geological hazards, floods, rain storms, earthquakes, landslides, volcanic activity, etc.)
2. Wetlands: (Flood plains. Swamps, lakes, rivers, etc.) water bodies.
3. Areas susceptible to erosion e.g. (a) hilly areas with critical slopes and (b) unprotected or bare lands.
4. Areas of importance to threatened cultural groups.
5. Areas with rare/endangered/or threatened plants and animals.
6. Areas of unique socio-cultural, historic archaeological, scientific, tourist areas.
7. Polluted areas.
8. Area subject to desertification and bush fires.
9. Coastal areas and Marine ecosystems, such as coral reefs, Islands, lagoons and estuaries, continental shelves, beach fronts and inter tidal zones.
10. Areas declared as, national parks, water shed reserves, forest reserves, wildlife reserves and sanctuaries, sacred areas wildlife corridors and hot spring areas.
11. Mountainous areas, water catchment areas and recharge areas of aquifers.
12. Areas classified as prime agricultural lands or range lands.
13. Green belts or public open spaces in urban areas.
14. Burial sites and graves.
15. Areas declared as, national parks, water shed reserves, forest reserves, wildlife reserves and sanctuaries, sacred areas wildlife corridors and hot spring areas.
(vi) Mountainous areas, water catchment areas and recharge areas of aquifers.
(vii) Areas classified as prime agricultural lands or range lands.
(viii) Green belts or public open spaces in urban areas.
(ix) Burial sites and graves.
73
ANNEX D
DRAFT TORS FOR PREPARATION OF RESETTLEMENT ACTION PLAN(RAP)
74
Annex D: Template for Preparing Resettlement and Compensation Plans (RAPs).
This template is extracted from OP 4.12 Annex A which can also be found on the Banks website at www.worldbank.org.
The scope and level of detail of the resettlement plan vary with magnitude and complexity of resettlement. The plan is based on up-to—date and reliable information about (a) the proposed resettlement and its impacts on displaced persons and other adversely affected groups, and (b) the legal issues involved in resettlement. The resettlement plan covers elements, as relevant. When any element is not relevant to project circumstances, it should be noted in the resettlement plan.
Description of the sub project: General description of the sub project and identification of sub project area.
Potential Impacts: Identification of (a) the sub project component or activities that give rise to resettlement, (b) the zone of impact of such component or activities, (c) the alternatives considered to avoid or minimize resettlement; and (d) the mechanisms established to minimize resettlement, to the extent possible, during project implementation.
Objectives: The main objectives of the resettlement program.
Socio-economic studies: The findings of socio-economic studies to be conducted in the early stages of project preparation and with the involvement of potentially displaced people, including the results of a census survey covering; 1. current occupants of the affected area to establish a basis for design of the resettlement program and to exclude subsequent inflows of people from eligibility for compensation and resettlement assistance.
2. standard characteristics of displaced households, including a description of production systems, labor, and household organization; and baseline information on livelihoods (including, as relevant, production levels and income derived from both formal and informal economic activities) and standards of living (including health status) of the displaced population
3. the magnitude of the expected loss, total or partial, of assets, and the extent of displacement, physical or economic
4. information on vulnerable groups or persons, for whom special provisions may have to be made; and
5. provisions to update information on the displaced people’s livelihoods and standards of living at regular intervals so that the latest information is available at the time of their displacement.
Other studies describing the following:
75 6. land tenure and transfer systems, including an inventory of common property natural resources from which people derive their livelihoods and sustenance, non-title-based usufruct systems ( including fishing, grazing, or use of forest areas) governed by local recognized land allocation mechanisms, and any issues raised by different tenure systems in the sub project area.
7. The patterns of social interaction in the affected communities, including social support systems, and how they will be affected by the sub project
8. Public infrastructure and social services that will be affected; and
9. Social and cultural characteristics of displaced communities, including a description of formal and informal institutions (e.g. community organizations, ritual groups, non governmental organizations (NGO’s) that may be relevant to the consultation strategy and to designing and implementing the resettlement activities.
Legal Framework: The findings of an analysis of the legal framework, covering; (a) the scope of the power of eminent domain and the nature of compensation associated with it, in terms of both the valuation methodology and the timing of payment,
(b) the applicable legal and administrative procedures, including a description of the remedies available to displaced persons in the judicial process and the normal timeframe for such procedures, and any available alternative dispute resolution mechanisms that may be relevant to resettlement under the sub project,
(c) relevant law (including customary and traditional law) governing land tenure, valuation of assets and losses, compensation, and natural resource usage rights, customary personal law related to displacement, and environmental laws and social welfare legislation,
(d) laws and regulations relating to the agencies responsible for implementing resettlement activities,
(e) gaps, if any, between local laws covering eminent domain and resettlement and the Bank’s resettlement policy, and the mechanisms to bridge such gaps, and,
(f) any legal steps necessary to ensure the effective implementation of resettlement activities under the project, including, as appropriate, a process for recognizing claims to legal rights to land, including claims that derive from customary and traditional usage.
Institutional Framework: The findings of any analysis of the institutional framework covering;
(a) the identification of agencies responsible for resettlement activities and NGOs that may have a role in project implementation;
(b) an assessment of the institutional capacity of such agencies and NGOs; and
(c) any steps that are proposed to enhance the institutional capacity of agencies and NGOs responsible for resettlement implementation.
76 Eligibility: Definition of displaced persons and criteria for determining their eligibility for compensation and other resettlement assistance, including relevant cut-off dates.
Valuation of and compensation for losses: The methodology to be used in valuing losses to determine their replacement cost; and a description of the proposed types and levels of compensation under local law and such supplementary measures as are necessary to achieve replacement cost for lost assets.
Resettlement Measures: A description of the packages of compensation and other resettlement measures that will assist each category of eligible displaced persons to achieve the objectives of OP 4.12. In addition to being technically and economically feasible, the resettlement packages should be compatible with the cultural preferences of the displaced persons, and prepared in consultation with them.
Site selection, site preparation, and relocation: Alternative relocation sites considered and explanation of those selected, covering,
(a) institutional and technical arrangements for identifying and preparing relocation sites, whether rural or urban, for which a combination of productive potential, location advantages, and other factors is at least comparable to the advantages of the old sites, with an estimate of the time needed to acquire and transfer land and ancillary resources,
(b) any measures necessary to prevent land speculation or influx of eligible persons at the selected sites,
(c) procedure for physical relocation under the project, including timetables for site preparation and transfer; and
(d) legal arrangements for regularizing tenure and transferring titles to resettlers.
Housing, infrastructure, and social services: Plans to provide (or to finance resettler’s provision of) housing, infrastructure (e.g. water supply, feeder roads), and social services to host populations; any necessary site development, engineering, and architectural designs for these facilities.
Environmental protection and management: A description of the boundaries of the relocation area; and an assessment of the environmental impacts of the proposed resettlement and measures to mitigate and manage these impacts (coordinated as appropriate with the environmental assessment of the main investment requiring the resettlement).
Community Participation: a description of the strategy for consultation with and participation of resettlers and host communities, including
(a) description of the strategy for consultation with and participation of resettlers and hosts in the design and implementation of resettlement activities,
(b) a summary of the views expressed an how these views were taken into account in preparing the resettlement plan,
77 (c) a review of the resettlement alternatives presented and the choices made by displaced persons regarding options available to them, including choices related to forms of compensation and resettlement assistance, to relocating as individual families or as parts of pre-existing communities or kinship groups, to sustaining
(d) existing patterns of group organization, and to retaining access to cultural property (e.g. places of worship, pilgrimage centers, cemeteries); and
(e) institutionalized arrangements by arrangements by which displaced people can communicate their concerns to project authorities throughout planning and implementation, and measures to ensure that such vulnerable groups as indigenous people, ethnic minorities, landless, and women are adequately represented.
Integration with host populations: Measures to mitigate the impact of resettlement on any host communities, including,
(a) consultations with host communities and local governments,
(b) arrangements for prompt tendering of any payment due the hosts for land or other assets provided to resettlers,
(c) arrangements for addressing any conflict that may arise between resettlers and host communities, and
(d) any measures necessary to augment services (e.g. education, water, health, and production services) in host communities to make them at least comparable to services available to resettlers.
Grievance procedures: Affordable and accessible procedures for third-party settlement of disputes arising from resettlement, such grievance mechanisms should take into account the availability of judicial recourse and community and traditional dispute settlement mechanisms.
Organizational responsibilities: The organizational framework for implementing resettlement, including identification of agencies responsible for delivery or resettlement measures and provision of services; arrangements to ensure appropriate coordination between agencies and jurisdictions involved in implementation; and any measures (including technical assistance) needed to strengthen the implementing agencies capacity to design and carry out resettlement activities; provisions for the transfer to local authorities or resettlers themselves of responsibility for managing facilities and services provided under the project and for transferring other such responsibilities from the resettlement implementing agencies, when appropriate.
Implementation Schedule: An implementation schedule covering all resettlement activities from preparation through implementation, including target dates for the achievement of expected benefits to resettlers and hosts and terminating the various forms of assistance. The schedule should indicate how the resettlement activities are linked to the implementation of the overall project.
Costs and budget: Tables showing itemized cost estimates for all resettlement activities, including allowances for inflation, population growth, and other contingencies; timetable for
78 expenditures; sources of funds; and arrangements for timely flow of funds, and funding for resettlement, if any, in areas outside the jurisdiction of the implementing agencies.
Monitoring and evaluation: Arrangements for monitoring of resettlement activities by the implementing agency, supplemented by independent monitors as considered appropriate by the Bank, to ensure complete and objective information; performance monitoring indicators to measure inputs, outputs, and outcomes for resettlement activities; involvement of the displaced persons in the monitoring process; evaluation of the impact of resettlement for a reasonable period after all resettlement and related development activities have been completed; using the results of resettlement monitoring to guide subsequent implementation.
79
ANNEX E
SCREENING CHECKLISTS
80
SCREENING CHECKLIST
Format E.1 Screening Checklist ZSEDP Select relevant project Sub-project name [type here] Location [type here Estimated cost (TSh) [type here]
Construction of new Secondary schools Rehabilitation of Existing Secondary Schools
CATEGORY B PROJECTS
Please describe how the project complies with the most relevant Y/N [type here] planning document, for example the District Education Development Plan, Land Use Plan and Environmental Management Plan Adversely affect natural habitats nearby, including forests, rivers or Y/N wetlands?
Require large volumes of construction materials (eg gravel, stones, Y/N water, timber, firewood)?
Use water during or after construction, which will reduce the local Y/N availability of groundwater and surface water?
Lead to soil degradation, soil erosion or soil salinity in the area? Y/N
Create waste that could adversely affect local soils, vegetation, rivers Y/N and streams or groundwater?
Involve significant excavations, demolition, movement of earth, Y/N flooding, or other environmental changes?
Affect historically-important or culturally-important sites nearby? Y/N
Require land for its development, and therefore displace individuals, Y/N families or businesses from land that is currently occupied, or restrict people’s access to crops, pasture, fisheries, forests or cultural resources, whether on a permanent or temporary basis? Result in human health or safety risks during construction or later? Y/N Involve inward migration of people from outside the area for Y/N employment or other purposes? Y/N Result in conflict or disputes among communities? Y/N Result in a significant change/ loss in livelihood of individuals?
81 Y/N Adversely affect the livelihoods and/or the rights of women? If you have answered Yes to any of the above, please describe the measures that the project will take to avoid or mitigate environmental [type here] and social impacts (note that appropriate measures may include the preparation of a RAP). What measures will the project take to ensure that it is technically and financially sustainable? [type here]
CONCLUSION Which course of action do you recommend?
Category B: There are no environmental or social risks School Boards and Community to be given full responsibility to mitigate environmental risks Specific advice is required from Department of Lands Officers in the following area(s): [type here]
People will be physically or economically displaced, and therefore a RAP is required
Completed by: [type here] Name: [type here] Position / Community: [type here] Date: [type here]
82 Format E.2 Screening Checklist Review Form
SCREENING CHECKLIST REVIEW FORM
Has the project proponent selected the correct type and category for Y/N this project?
CATEGORY B PROJECTS Construction of new Secondary schools Rehabilitation of Existing Secondary Schools
CATEGORY B PROJECTS
Based on the location and the type of project, please explain whether Yes No the Proponent’s responses are satisfactory: Their description of the compliance of the project with relevant planning documents If ‘No’, please explain: [type here] Their responses to the questions on environmental and social impacts If ‘No’, please explain: [type here] Their proposed mitigation measures If ‘No’, please explain: [type here] Their proposed measures to ensure sustainability If ‘No’, please explain: [type here] REVIEWER’S CONCLUSION
Which course of action do you recommend?
……..There are no environmental or social risks
…….School Boards and Community to be given full responsibility to mitigate environmental and social risks, as set out in the screening checklist
……Specific advice is required from District Officers in the following area(s): [type here]
…… People will be physically or economically displaced, and therefore a RAP is required If this differs from the Proponent’s recommended course of action, please explain: [type here]
………Preparation of a Project Report, based on field appraisal by District Officer, is required to investigate further, specifically to investigate: [type here]
……..Reject
Review form completed by: [type here] Name: [type here] Position / Community: [type here] Date: [type here]
83
ANNEX F
SAMPLE CENSUS SURVEY
FORM
Name of Interviewer Signature
ID Code
(after verification of interview) Name of Supervisor
ID Code Village Name
ID Code
Number of Concession in Village
(GPS Coordinates
Date: ……………………………………2007….
Day / Month / Year
Name of Head of Extended Family :
Number of Nuclear Families in Extended Residential Group (including household of head of extended
84 family)
Annex F1: Sample Census Survey Form: Socio-economic Household Datasheet of PAPs
Annex F2: Sample Census Survey Form: Household Interview
Sex Income Earner Yes M F 1 2 3 4 5 6 7
Relation to Head of Family : 1 HoH; 2 Spouse of HoH ; 3 Child of HoH; 4 Spouse of child of HoH ; 5 Grandchild of HoH; 6 Parent of HoH; 7; 8 9 Other (specify) ; 0 No Answer.
Marital Status : 1Married ; 2 Widowed ; 3 Divorced ; 4 Unmarried; 0 No Answer.
Residential Status: 1 PRP (Permanent Resident) ; 2 RA (Resident absent) ; 3 Member of non-resident HH; 4 Visitor; 9 Other (specify) ; 0 No Answer.
Occupations : - Principle Occupation: 1. Farmer ; 2 Shepard; 3 Household ; 4 Merchant; 5 Religious leader, teacher ; 6 Artisan ; 7 Transport ; 8 Unemployed;9 Other (specify) ; 0 No Answer
Secondary Occupations: idem. Educational Level : 1 Illiterate ; 2 Three years or less; 3 Primary School ; 4 Secondary School ; 5 Technical School ; 6 Religious School ( literate in Arabic) ;0 No Answer
Religion : 1 Muslim ; 2 Christian (specify denomination); 3 Animist. 9 Other (specify) ; 0 No Answer
85
ANNEX G
SAMPLE ASSET VALUATION
SURVEY FORM
Anne G1: Land asset inventory for Project Affected People
District:______Date: ______
Shehia______
Survey Name of No. of Total Land to be Land Loss no. Head of Persons in land acquired Use of % Household household holding (m2 Type total Loss of assets of * Loss of crops Hhold (m2 Structures Structures Area of Fruit Agricultural Permanent temporary residential trees land lost (m2) (m2) land lost lost type (m2) (m2) and number
* Land types are as follows (please fill in the types of land appropriate for Zanzibar 1. …………………………………………………………………………………………….. 3……………………………………………………………………..
86 2. ……………………………………………………………………………………………. 4……………………………………………………………………..
Annex G2: Entitlements of Project Affected People
District:______Date: ______
Shehia:______
Compensation for other assets and Compensation for crops and trees losses Compensation for Land Compensation for structures businesses, etc) Quantity Unit Entitlement Quantity Unit Entitlement Quantity Unit Entitlement Quantity (m2) price Tshs (m2) price Tshs Unit price Tshs Unit Tshs Tshs Tshs per per m2 m2
1 2 3
87
ANNEX H
SAMPLE GRIEVANCE
PROCEDURE FORM
88 ANNEX H 1: Grievance Form
Grievance Number Copies to forward to:
Name of the Recorder White (Original)- Receiver Party Province/District/Settlement Blue (Copy)- Responsible Party
Date Green (Copy)- DSI for Database
Pink (Copy)- Complainant
INFORMATION ABOUT GRIEVANCE
Define The Grievance:
INFORMATION ABOUT THE COMPLAINANT Forms of Receive
Name-Surname Telephone Number Address Village/ Settlement District/ Province Signature of Complainant
DETAILS OF GRIEVANCE
1. Access to 2. Damage to 3. Damage to 4. Decrease or 5. Traffic Land and Infrastructure or Loss of Accident Resources Community Assets Livelihood a) Fishing a) House a) Road/Railway a) Agriculture a) Injury grounds b) Land b) Bridge/Passageways b) Animal b) Damage to b) Lands c) Livestock c) Power/Telephone husbandry property c) Pasturelands d) Means of Lines c) Beekeeping c) Damage to d) House livelihood d) Water sources, canals d) Small scale livestock e) Commercial site e) Other and water infrastructure trade d) Other f) Other for irrigation and animals e) Other e) Drinking water f) Sewerage System g) Other
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6. Incidents 7. Resettlement 8.Employment 9. Construction 10. Other Regarding Process and Recruitment Camp (Specify) Expropriation (Specify) (Specify) and Community and Relations Compensation a) Nuisance from (Specify) dust b) Nuisance from noise c) Vibrations due to explosions d) Misconduct of the project personal/worker e) Complaint follow up f) Other
90 ANNEX H 2: Grievance Closeout Form
Grievance Closeout Form
Grievance closeout number:
Define immediate action required:
Define long term action required (if necessary):
Compensation Required YES NO
Verification of Corrective Action and Sign Off Due Date Corrective Action Steps to Carry Out Corrective Action 1 2 3 4 5 Responsible Party
COMPENATION ACTION AND SIGN OFF This part will be filled in and signed by the complainant when he/she receives the compensation or file is closed-out
Notes:
Date: …./…../…..
Complainant Representative of Responsible Party Name-Surname and Signature Title–Name-Surname and Signature
91 wb316232 C:\Documents and Settings\wb316232\My Documents\Zanzibar\ESMF + RPF\Zanzibar RPF edited.rtf 02/03/2007 7:51:00 AM
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