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Rp5640resettlement0poli RP564 Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized PUBLIC SERVICE PUBLIC PRESIDENT'S REFORM OFFICE PROGRAMME The Government of the United Republic of Tanzania Resettlement Policy Framework .I TABLE OF CONTENTS Table of Contents.................................................................................................. i ..... - List of Acronyms ................................................................................................... ii ... Acknowleg ment.. ........................................................................................... III .I Executive .Summary ............................................................................................. iv Chapter 1: Introduction ......................................................................................... 1 Chapter 2: Project Description .............................................................................. 3 Chapter 3: Principles and Objectives Governing Resettlement and Compensation Preparation and Implementation .......................................................................... .9 Chapter 4: Methodology Used to Prepare the Resettlement Policy Framework. 11 Chapter 5: Process for Preparing and Approving Resettlement and Compensation Plans ...........................................................................................13 Chapter 6: Land Acquisition and Likely Categories of Impact. ............................16 Chapter 7: Eligibility Criteria for Defining Various Categories of Project Affected Persons ............................................................................................................... 18 Chapter 8: A Legal Framework Review of the Fit Between the Laws and Regulations of Tanzania and Bank Policy Requirements ...................................20 Chapter 9: Methods of Valuing Affected Assets ..................................................24 Chapter 10: Organizational Procedures for the Delivery of Entitlements ............31 Chapter 11 : lmplementation Process and Linking Resettlement lmplementation to Civil Works ......................................................................................................33 Chapter 12: Grievance Redress Mechariisms ........ .:. .........................................34 .. Chapter 13: Arrangements for Funding Resettlement and Compensation.......... 35 Chapter 14: Mechanisms for Consultations With, and Participation Of Displaced Persons ............................................................................................................ 36 Chapter 15: Arrangements for Monitoring ........................................................... 37 References. ..................................................................................................... 40 Annex 1: List of Individuals/lnstitutions Contacted .............................................. 41 Annex 2: Institutional Structure of Project Beneficiary Institutions ......................43 Annex 3: Detailed ATlP Project Description and TOR ........................................ 46 The Government of the United Republic of Tanzania Resettlement Policy Framework - LIST OF ACRONYMS AGC Attorney General Chambers AT1 P Accountability, Transparency and Integrity Project CBP Capacity Building Programme DC District Council DEC District Environmental Committees DED District Executive Director DSEC Designated Sector Environmental Coordinators EA Environment Assessment ElA Environmental Impact Assessment EM0 Environmental Management Officer ESMF Environmental and Social Management Framework GOT Government of Tanzania LGA Local Government Authority LGRP Local Government Reform Programme LGSP Local Government Support Programme LSRP Legal Sector Reform Programme MDAs Ministries, Departments and Agencies MJCA Ministry of Justice and Constitutional Affairs NEMC National Environment Management Council NEP National Environmental Policy NFGG National Framework on Good Governance NGO Non-Governmental Organization NSGRP National Strategy for Growth and Reductikn of Poverty OP Operational and Procedural Policies PAP'S Project Affected Persons PFMRP Public Financial Management Reform Programme PO-PSM President Office - Public Service Management PSRP Public Service Reform Programme RAP Resettlement Action Plan REME Regional Environmental Management Expert RPF Resettlement Policy Framework SEC Sector Environment Coordinator TBA Tanzania Building Agency TOR Terms of Reference VEO Village Executive Officer VPO Vice President's Office WDC Ward Development Committee The Government ofthe United Republic of Tanzania Resettlement Policy Framework ACKNOWLEGMENT This Resettlement Policy Framework (RPF) report was produced for the Ministry of Justice and Constitution Affairs, the Judiciary and President Office - Public Service Management. A team of consultants participated in the preparation of this framework document under the auspices of SAMAKI CONSULTANTS Ltd: Ms. Saada K. Juma (Team Leader) and Mr. Bashiru Abdul both from AGENDA for Environment and Responsible ~evelopment', and Dr. Mathew Richmond of Samaki Consultants ~td~. Acknowledged are the contributions from several government officials especially from Ms. C. Mdundo and Mr. D. Jairo from the MJCA and Mr. A. Mwangwale and Mr. A. Mhina from PO-PSM. This document is a product of a broad range of stakeholders that were consulted. Special thanks goes to the Dodoma High Court Center Judge-in-Charge, Hoe. Judge S.S. Kaijage; the, Judge-in-Charge Mbeya High Court Center, Hon Judge J.M. Mackanja, Senior Deputy Registrar Court of Appeal of Tanzania, Ms. S. Wambura; Registrar High Court of Tanzania, Mr. A. A. Shayo and the Directors of District and Primary Courts. Further, invaluable cooperation and assistance are acknowledged for the District Registrars and Resident Magistrates-in-Charge as well as various District and Primary Court Magistrates and Registry Assistants and District/Municipal Council officials of Dodoma, Mwanza and Mbeya. Further more special thanks go to government officials from various MDAs in Dar es Salaam (Ministry of Lands, DOE, NEMC, TBA etc) who were met during field visits conducted in August and September 2005. Their inputs have been extensively used in the preparation of this RPF. Acknowledgement is also given to participants of the review meeting held on 04'~ October 2005 at the MJCA who provided valuable contribution to this final version of the ,.< document. AGENDA, Tanzanian Bureau of StandardF Complex (Ubungo area) P.0 Box 77266 Dar es Salaam, Tel. 22 2450213,Cell: 0744 291997 Far 255 22 2450836, Emai:l [email protected]~ Sarnaki Consultants Ltd, Mwaya Street, Msasani P.O.Box 77143, Dar es Salm, Mobile: + 255 748 740254 (ofice); 744 807931 (person);TeVFax: + 255 (0)22 2137277 (ofice);Email: [email protected] iii The Government of the United Republic of Tanzania Resettlement Policy Framework - EXECUTIVE SUMMARY In order to meet the objectives of the National Strategy for Growth and Reduction of Poverty (NSGRP) 2005 - 2010 for improved public service delivery and good governance, and in order to support the implementation of Tanzania's Strategic Framework for Good Governance (NFGG) as well as on-going reforms in public administration and services, the Government of Tanzania and the World Bank, in collaboration with other Development Partners are preparing a credit - the Accountability, Transparency and Integrity Project (ATIP) with a view of promoting good governance in the country. The ATlP credit will support four components designed to strengthen the legal and judicial system, public oversight and watchdog institutions and to enhance public financial accountability and program management and coordination. The overall objective of the ATlP is to improve outcomes and impacts of development programs on the poor by enhancing the quality of governance. On the overall ATlP is designed to provide to different institutions implementing the NFGG, technical assistance and other capacity building measures to improve their performance. Much of this support will be in the form of consultancies, training, dissemination of information and materials, drafting new laws and procedures, equipment, furniture, vehicles, as well as a fund to support different demand -driven interventions and some infrastructure development. The infrastructure development sub-component of ATlP will fund civil works construction costs of completely new buildings; extension and rehabilitation of existing building; and demolition of existing building and construction of new buildings for selected high priority Judiciary courts including Primary Courts; District Courts; Resident Magistrates' Courts, High Court Centers and the Court of Appeal. The project will also fund construction of completely new buildings for the Ministry of Justice and Constitutional Affairs (MJCA) headquarters and the Law School and construction of a new National Records Center for the Records and Archive Division, PO - Public Service Management (PO-PSM). Consequently, much of the infrastructure will be those under the Judiciary. >. Currently the three beneficiary institutions are at different levels in the process of acquiring land for construction of the proposed buildings. The MJCA, and the President Office, Public Service Management have been allocated plots for construction of the new buildings; and the Judiciary for the Court of Appeal. Although all concerned plots did not involve resettlement/compensation of
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