SFG1587 V2 UNITED REPUBLIC of TANZANIA MINISTRY of WORKS, TRANSPORT and COMMUNICATION Public Disclosure Authorized

SFG1587 V2 UNITED REPUBLIC OF TANZANIA MINISTRY OF WORKS, TRANSPORT AND COMMUNICATION Public Disclosure Authorized

TANZANIA NATIONAL ROADS AGENCY (TANROADS P. O. BOX 11364, 3rd Floor, Airtel House, Ali Hassan Mwinyi Road/Kawawa Roads Junction, Dar es Salaam Tanzania. Tel: +255 222 926 001 – 6, Fax: +255 222 926 011 Email: [email protected] Web: [email protected] Public Disclosure Authorized Public Disclosure Authorized

RESETTLEMENT ACTION PLAN (RAP) FOR RAPID TRANSIT SYSTEM FOR PHASE 2 AND 3 IN DAR ES SALAAM CITY

Submitted to: WORLD BANK Transport Sector Support Project World Bank 50 Mirambo Street P.O. Box 2054 DAR ES SALAAM Public Disclosure Authorized

December, 2016

i Table of Contents

List of Table ...... vii List of Photos ...... vii Abbreviation & Acronyms ...... viii Definitions of Terms ...... ix Executive Summary ...... xii 1.0 Introduction ...... 1 1.1 Project Background ...... 1 1.2 Project Objectives ...... 2 1.3 Objectives of RAP ...... 4 1.4 Proposed BRT Project Description ...... 6 1.4.1 Overview of the Project Influence Area ...... 6 1.4.2 Project Location and Its Administrative Boundaries ...... 6 1.4.3 Population of the Project Area ...... 8 1.4.4 Project Roads Description ...... 8 2.0 Approaches and Methodology ...... 10 2.1 Introduction ...... 10 2.2 Phase One: Pre Survey Activities...... 10 2.2.1 Collection and review of project literature ...... 10 2.2.2 Rapid reconnaissance survey to familiarize field activities ...... 10 2.3 Phase 2: Survey Activities ...... 11 2.3.1 Census and socio-economic household survey affected persons and Street Vendors Assessment ...... 11 2.3.2 Consultation Meetings ...... 12 2.4 Disclosure of the Resettlement Action Plan ...... 16 3.0 Project activities and Identification of Project Impacts of Affected People ...... 17 3.1 Activities that will adversely affect populations or Activities that will lead to resettlement ...... 17 3.1.1 Construction of Terminal Buildings ...... 17 3.1.2 Construction of a Deport ...... 17

3.1.3 Construction of the main Dart Road ...... 17 3.1.4 Construction of Fly over ...... 18 3.1.5 Construction of Bus stations ...... 18 3.1.6 Turning Radius ...... 18 3.1.7 Construction of Feeder Stations ...... 18 3.1.8 Construction of walk ways ...... 19 3.2 Project Impacts ...... 19 3.2.1 Loss of residential Structures ...... 19 3.2.2 Loss of Commercial Structures ...... 20 3.2.3 Loss of Community and Public Structures and entities ...... 20 3.2.4 Loss of Land ...... 21 3.2.5 Impact on Permanent Crops/Trees (Individual PAP) ...... 21 3.2.6 Impact on public permanent trees ...... 21 3.2.7 Impact on Seasonal Crops ...... 22 3.2.8 Destruction of Graves ...... 22 3.3 Measures to Minimize Resettlement Impact ...... 28 3.3.1 Change of alignment ...... 28 3.3.2 Confine Project Activities within existing Right of Way ...... 28 4.0 Organization and Responsibility ...... 29 4.1 RAP implementation Organizations and Institutions ...... 29 4.2 RAP updating and management of Issues ...... 34 4.3 Identification of PAPs representatives ...... 35 5.0 Public Consultative and Participatory Meetings ...... 36 5.1 Objective of Public participation and Consultation ...... 36 5.2 Identification of Stakeholders for Consultation ...... 37 5.3 Methods of stakeholder participation ...... 38 5.3.6 Mechanism for Continued Consultation ...... 44 6.0 Socio-Economic Profile of the Affected Population ...... 45 6.1 Objective of Census and Socio-economic Survey ...... 45 6.2 Demographic Characteristics of the Project Affected Households ...... 46 6.2.1 Age of respondents ...... 46

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6.2.2 Gender of respondents ...... 46 6.2.4 Education of PAPs respondents ...... 48 6.2.5 Economic Activities of the PAPs ...... 48 6.2.6 Source and Average monthly income of the PAPs ...... 48 6.2.7 Availability and Distance to Social services ...... 49 6.2.8 Types and Size of Impacted House Structures ...... 49 6.2.9 Social Services in the Project Area ...... 50 6.2.10 Vulnerable Groups or Persons requiring Special Provisions ...... 51 6.2.11 Willingness to relocate ...... 52 6.3.1 Introduction ...... 52 6.3.2 Demographic and Social Profile of Mobile Vendors ...... 53 6.3.3 Vendors Trading Sites and Structures for Displaying Goods...... 56 6.3.4 Vending activities and Commodities ...... 57 6.3.5 Vendor’s Level of Income per month...... 58 6.3.6 Vendors Source of Capital and Indebtedness ...... 59 6.3.7 Working Conditions and Conflicts of Street Vendors ...... 59 6.3.8 The Preferences of Mobile vendors’ to new markets ...... 60 6.3.9 Mobile vendors’ awareness about the project ...... 61 6.3.10 Street Vendors Views and Concerns ...... 61 6.3.11 Relocation of informal Vendors ...... 64 7.0 Policy and Legal Framework ...... 65 7.1 Introduction ...... 65 7.2 Policy Framework ...... 65 7.3 The World Bank Involuntary Resettlement Policy (OP 4.12) ...... 67 7.4 Legal Framework ...... 68 7.5 Road Sector Compensation and Resettlement Guidelines ...... 72 7.6 Gap Analysis of National Laws vis-à-vis World Bank Policy ...... 74 8.0 Institutional Arrangement for RAP Implementation ...... 84 9.0 Eligibility and Entitlement ...... 87 9.1 Identification of Project Affected Groups /Individuals ...... 88 9.2 Categories of Affected People...... 88

9.3 Compensation ...... 89 9.4 Others unintentionally impact ...... 93 9.5 Compensation for Property of Deceased Persons ...... 93 9.6. Cut –off Date ...... 94 9.7 Assistance for vulnerable groups ...... 94 9.8 Entitlement Matrix ...... 95 10.0 Methods of Valuing Affected Assets and Compensation Payments ...... 99 10.1 Livelihood Restoration ...... 102 10.2 Payment Timing ...... 102 10.3 Land Market Value...... 103 11.0 Environmental Protection ...... 104 12.0 Implementation Schedule ...... 110 12.1 Resettlement Implementation and Commencement of Construction ...... 113 13.0 Costs and Budgets ...... 115 13.1 Statements of financial responsibility and authority ...... 117 13.2 Sources of funds and the flow of funds ...... 117 13.3 Specific mechanisms to adjust cost estimates by the inflation factor ...... 117 14.0 Grievances Redress Mechanisms...... 118 14.1 Introduction ...... 118 14.2 Potential Sources of Grievances ...... 118 14.3 Sensitization on Grievance Redress Mechanism ...... 119 14.4 Proposed Grievances Procedures ...... 119 14.5 Grievance Redress Committees ...... 121 15.0 Monitoring and Evaluation ...... 122 15.1 Internal Monitoring ...... 122 15.2 Responsibility ...... 122 15.3 Performance Monitoring ...... 122 15.4 Impact Monitoring...... 123 15.5 Monitoring and Evaluation Indicators...... 123 15.6 Frequency of Monitoring ...... 123 15.7 Resettlement Implementation Completion report ...... 128

16.0 Conclusions and Recommendations ...... 129 16.1 Conclusion ...... 129 16.2 Way forward...... 130 17.0 References ...... 132 18.0 Annexes ...... 133 Annex 1: List of PAPs at Gongo la Mboto Bus Terminal and Depot ...... 133 Annex 2: Valuation analysis of properties affected by dart project along Nyerere road (dart phase 3) ...... 149 Annex 3: Valuation analysis of properties owners at Gongo la Mboto bus terminal and depot ...... 149 Annex 4: Schedule of PAPs affected by DART project along Nyerere road, Uhuru road in Ilala municipality for compensation purpose ...... 149 Annex 5: Compensation Schedule for property owners at Gongo lamboto Bus Terminal and Depot ...... 149 Annex 6: List of tenants for dart project at Gongo la Mboto bus terminal and depot ...... 149 Annex 7: Report on Valuation of a Holdout in DART Roads Project at Gongo la Mboto Terminal and Depot (Phase III) Dar es Salaam City for Compensation Purposes ...... 149 Annex 8: List of Female – Headed Households at Gongo la Mboto Bus Terminal and Depot ...... 149 Annex 9: Public consultation details ...... 151

List of Table

Table 1: List of wards and Mtaa affected by the project ...... 7 Table 2: Population distribution in affected wards ...... 8 Table 3: Public consultation and participation schedule ...... 13 Table 4: Project affected Households, assets and magnitude of impacts ...... 24 Table 5: List of affected tenants in Gongo la Mboto Bus terminal and depot ...... 25 Table 6: Affected public infrastructures and other properties ...... 25 Table 7: Affected Trees at Gongo la Mboto bus terminal and depot ...... 26 Table 8: Affected Trees along Nyerere road ...... 26 Table 9: Institutional roles and responsibilities in RAP implementation...... 31 Table 10: Committees and responsibilities for RAP implementation ...... 33 Table 11: Stakeholder's views and concerns ...... 40 Table 12: Head of household's primary economic activities ...... 48 ble 13: The number of rooms owned by PAPs ...... 50 Table 14: Number and type of vulnerable PAPs ...... 52 Table 15: Demographic and social profile of vendors ...... 55 Table 16: Materials for vendor's structures ...... 56 Table 17: Street vendor's views and concerns ...... 62 Table 18: Comparison of Tanzania and World Bank policies on Resettlement and compensation ...... 75 Table 19: Entitlement matrix for the PAPs under the BRT Phase III project ...... 96 Table 20: Environmental impacts and the proposed measures ...... 104 Table 21: Implementation schedule ...... 111 Table 22: Summary of Valuation Report: Components and Compensation Costs ...... 115 Table 23: Monitoring indicators and frequency of monitoring during RAP and Post RAP implementation ...... 126

List of Figure Figure 1: Proposed DART BRT Network Plan ...... 10 Figure 2: Proposed DART BRT Road system ...... 11 Figure 3: Percent distribution of head of household's marital status ...... 47 Figure 4: Percent distribution of vendor's head of household's marital status ...... 54 Figure 5: Percent distribution of Vendor's level of income ...... 58

List of Photos

Photo 1: One of the consultative meetings at Kipunguni in Kipawa ward ...... 15 Photo 2: Some of the structures to be affected at Guruka Kwalala in Gongo la Mboto ward ...... 20 Photo 3: Some of the vendor's activities and commodities at Gongo la Mboto...... 57

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Abbreviation & Acronyms

ATMs - Automated Teller Machines BRT - Bus Rapid Transit CTCP - Tanzania Central Transport Corridor Project DART - Dar es Salaam Rapid Transport DAWASA - Dar es Salaam Water and Sewerage Authority DAWASCO - Dar es Salaam Water and Sewerage Corporation DGRC - District Grievance Redress Committee EIA - Environmental Impact Assessment ESMP - Environmental and Social Management Plan HIV/AIDS - Human immunodeficiency Virus Infection and Acquired Immune Deficiency Syndrome MEO - Mtaa Executive Officer MGRC - Mtaa Grievance Redress Committee MMDO - Mwembe Madafu Development Organization NGOs - Non – Governmental Organizations NMT - Non-Motorized Transport OP - Operational Policy PAPs - Project Affected People RAP - Resettlement Action Plan ROW - Right of Way SUMATRA - The Surface and Transport Regulatory Authority TANESCO - Tanzania Electric Supply Company Limited TANROADS - Tanzania National Roads Agency TAZARA - Tanzania Zambia Railway Authority TCRA - Tanzania Communications Regulatory Authority TTCL - Tanzania Telecommunications Company Limited WEO - Ward Executive Officers

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Definitions of Terms Unless the context dictates otherwise, the following terms shall have the following meanings:-

1. “Affected people” refers to people who are directly affected socially and economically by World Bank-assisted investment projects caused by: a. Relocation or loss of shelter b. Loss of assets or access to assets loss of income sources or means of livelihood, whether or not the affected persons must move to another location; or a. The involuntary restriction or access to legally designated parks and protected areas results in adverse impacts on the livelihood of the displaced persons.

2. “Census” means a field survey carried out to identify and determine the number of Project Affected Persons (PAP), their assets, and potential impacts; in accordance with the procedures, satisfactory to the relevant government authorities, and the World Bank Safeguard Policies. The meaning of the word shall also embrace the criteria for eligibility for compensation, resettlement and other measures, emanating from consultations with affected communities and the Local Leaders.

3. “Environmental and Social Management Framework (ESMF)” is a safeguard instrument (document) which will set out a mechanism to determine and assess future potential environmental and social impacts of the project funded activities in the infrastructure development program and other activities associated with this project regardless of funding agency in the six secondary cities. The framework will set out mitigation, monitoring and institutional 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.

4. “Compensation” means the payment in kind, cash or other assets given in exchange for the taking of land, or loss of other assets, including fixed assets thereon, in part or whole.

5. “Cut-off date” Date of completion of the census and assets inventory of persons affected by the project. Persons occupying the project area after the cutoff date are not eligible for

compensation and/or resettlement assistance. Similarly, fixed assets (such as built structures, crops, fruit trees, and woodlots) established after the date of completion of the assets inventory, or an alternative mutually agreed on date, will not be compensated.

6. “Project affected persons” (PAPs) means persons who, for reasons of the involuntary taking or voluntary contribution of their land and other assets under the project, result in direct economic and or social adverse impacts, regardless of whether or not the said Project affected persons physically relocate. These people may have their:

a. Standard of living adversely affected, whether or not the Project Affected Person must move to another location;

b. Right, title, interest in any house, land (including premises, agricultural and grazing land) or any other fixed or movable asset acquired or possessed, temporarily

7. “Public permanent Trees” Trees that have been grown by the Dar es Salaam municipalities along the existing road as a mechanism to reduce dust impact from existing road operations, shelter and for aesthetic value of the city or boundary of their plots.

8. Partially Affected refer to a situation a where a structure which is part of the main building (toilet, kitchen, animal shed, wall) is affected while there is alternative land within the area to put another structure) or a piece of land of less than 60 percent of the total area is acquired without affecting the normal function of the land.

9. Completely Affected refer to a situation where the whole structure or land (more than 60 percent) is affected or acquired, hence affect the normal function of the structure or land.

10.”Replacement Cost” is defined as follows: For agricultural land, it is the pre-project or pre- displacement, whichever is higher, market value of land of equal productive potential or use located in the vicinity of the affected land, plus the cost of preparing the land to levels similar to those of the affected land, plus the cost of any registration and transfer taxes. For land in urban areas, it is the pre-displacement market value of land of equal size and use, with similar or improved public infrastructure facilities and services and located in the vicinity of the affected land, plus the cost of any registration and transfer taxes. For houses and other structures, it is the market cost of the materials to build a replacement structure with an area and quality similar to or better than those of the affected structure, or to repair a partially affected structure, plus the cost of transporting building materials to the construction site, plus the cost of any labor and

contractors' fees, plus the cost of any registration and transfer taxes. In determining the replacement cost, depreciation of the asset and the value of salvage materials are not taken into account, nor is the value of benefits to be derived from the project deducted from the valuation of an affected asset. Where domestic law does not meet the standard of compensation at full replacement cost, compensation under domestic law is supplemented by additional measures so as to meet the replacement cost standard. Such additional assistance is distinct from resettlement measures to be provided under other clauses in OP 4.12, para. 6.

Executive Summary

Rationale for Road Improvement

Public transport in Dar es Salaam City is generally poor and unsafe, lacking professionalism, efficiency, quality and safety for the passengers. The main factors leading to the above situation include; rapid expansion of the City which has far outpaced the capacity to provide basic infrastructure (such as good roads) and services, poor state of majority of the buses, untrained bus drivers and conductors driven by the pursuit of daily revenue targets payable to the bus owners, non-adherence to traffic rules and regulations and lack of an organized public transport system. Public transport service is dominated small buses called Daladala, of which there are about 9,000 of these Daladala, with capacities ranging from 16 to 35 passengers (SUMATRA, 2009, Ilala Municipal Council, 2009). The service offered is poor due to overloading and overcrowded buses particularly during peak hours, reckless driving, route shortening, harassment of women and schoolchildren and polluting vehicles particularly during peak hours dominated by traffic jams on most major roads in the City.

The rationale behind the proposed Bus Rapid Transit System is to regulate urban transport through a specialized infrastructure known as Bus Rapid Transit (BRT) that has been tested in other cities over the last 25 years. Therefore the project aims at ensuring orderly flow of traffic on urban streets and roads by increasing the level of mobility, promoting the use of non- motorised transport, and to meet the ever increasing travel demand of the city residents with ultimate aim of increasing comfort and quality of life and urban development, thus reducing traffic congestion in the city.

Financing of the Project The proposed road improvement for Tanzania Central Transport Corridor Project (CTCP) - Phase 3 is likely to be jointly financed by the World Bank and the Government of Tanzania.

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Categories of Project Impacts The planned development of construction of phase III of the DART project and associated road furniture will have resettlement impacts arising from the following project activities; construction of terminal buildings, construction of a deport, construction of the main Dart Roads, cconstruction of Fly over, construction of Bus stations, tturning radius, construction of Feeder Stations and construction of walk ways. Following these activities a total of 992 PAPs with residential and commercial structures will be structures will be completely affected and will be physical moved to another area of their own choice while four (04) PAPs will be partially affected and will not be physically moved. The project will also affect 977 residential tenants and 37 commercial tenants. Furthermore, the project will affect public infrastructures, utilities and crops. The summary of the project impacts is shown in the following Tables:

Project affected assets and magnitude of impacts Area Number Number Number of Type of affected Magnitude of of PAHs of PAPs affected structure Impact and structure Relocation status Gongo la Completely affected Mboto - Land and and will be

Guruka buildings physically moved 244 976 247 Kwalala (Bus (Residential and terminal and commercial Deport Land and fence Partially affected and No relocation

Shop frame Partially affected Ukonga and No relocation 04 05 04 (Nyerere Road) Building Completely affected and will be physically moved Land and fence Partially affected and No relocation Building Completely affected and will be Gongo la physically moved Mboto 02 07 02 Building Completely affected (Nyerere road) and will be physically moved

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Part of garage Partially affected building No relocation Shop building Completely affected Uwanja wa and will be Ndege (Nyerere 03 03 03 physically moved road) Mosque Completely affected and will be physically moved Ilala 01 01 01 Regional Partially affected commissioner’s and No relocation fence Total 254 992 257 Source: Kyong Dong Engineering Co., Ltd. In association with Ambicon Engineering (T) Limited, 2014 and Independent consultants, 2016

Table 5: List affected Tenants Category of Tenants Number of PAHs Number of PAPs Level of Impact Residential tenants 244 977 Completely affected Commercial tenants - 37 Completely affected Total 244 1,014 Source: Kyong Dong Engineering Co., Ltd. In association with Ambicon Engineering (T) Limited, 2014.

Affected public infrastructures, other properties and tenants Type of Number of Ownership infrastructure/Properties affected public infrastructure and utilities Mtaa office 01 Guruka Kwalala Mtaa 02 owned by Guruka Kwalala Mtaa – currently serving the community Bore holes 16 14 owned by individuals but serving the community Bill boards 16 Owned by individuals/companies and NGOs but for public use ATM machine 01 Akiba Commercial Bank Underground water pipes and - DAWASA sewerage systems Underground water pipes - Mwembe Madafu Development Organization (MMDO). The pipes are

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located close to the graves that will be removed at Ukonga – Mwembe Madafu Mtaa Power distribution lines and - TANESCO poles Graves 10 Individuals Source: Kyong Dong Engineering Co., Ltd. in association with Ambicon Engineering (T) Limited, 2015 and Independent consultants, 2016 N.B: The total number of trees and utilities to be affected along the roads is excluded

Affected Crops/Trees at Gongo la Mboto Bus Terminal and Depot S/n Type of Crops/Trees Number S/n Type of Crops/Trees Number 1 42 19 Moringa, Drumstick tree 6 Rambutan (Muashoki) (Mlonge) 2 Neem trees (Mwarubaini) 17 20 Msufi 2 3 Starfruit, carambola 1 21 Mjengua 3 (Mbilimbi) 4 Henna, Zanzibar bark 13 22 Lemon trees 7 (Mhina) 5 Coconut trees 34 23 Mivinje 4 6 Soursop (Mstafeli) 28 24 Mkurunge 8 7 Passion 2 25 Alovera 4 8 Mjenga ua 5 26 Date palm (Mtende) 12 9 Pawpaw 99 27 Rough-leaved corkwood 8 (Mchongoma) 10 Avocado trees 4 28 Tamarind trees (Mkwaju) 2 11 Guava tress 29 29 Uzazi wa mpango 3 12 Mango trees 5 30 Flamboyant tree (Mjohoro) 9 13 Oil Palm trees 5 31 Fever Trees (Mbura) 1 (Mchikichi) 14 Midodoma 18 32 Durian (Mduriani) 1 15 Mifagua 1 33 Orange tree 3 16 Banana trees 83 34 Pomegranate 2 (Mkomamanga) 17 Timber 1 35 Mzeituni 2 18 Shade trees 37 36 Jackfruit 1 Total 424 78 502

Affected Crops/Trees along Nyerere Road

S/n Type of Crops/Trees Number 1 Mkuyu 1 2 Neem trees (Mwarubaini) 5 3 Flamboyant tree (Mjohoro 3 Total 09 Source: Kyong Dong Engineering Co., Ltd. in association with Ambicon Engineering (T) Limited, 2015 and Independent Consultants, 2016

Public Consultative and Participatory Meetings

Effective resettlement planning requires regular consultation with a wide range of project stakeholders. Broadly defined, stakeholders include any individual or group affected by, the project, either positively or negatively including the host community. The overall goal of the consultation process was to disseminate project information and to incorporate the views of various stakeholders in the project design, implementation; mitigation measures, management plan and Resettlement Action Plan. The first phase of consultative meetings was done within 2014 involving the head of affected households and their tenants. The second consultative meetings intended for vendors were conducted between 10th January to 20th and 13th August 2016; the consultation involved 313 people including 58 leaders at different levels and about 255 vendors who were doing different businesses along the proposed project. Socio-Economic Profile of the Affected Population

The socio-economic profile of the likely Project Affected Households has been prepared based on the data generated by the primary survey conducted in August 2013. The information was collected by administering the census and socio-economic survey questionnaire to the head of the household or any other adult member of the household. The outcome of this survey provided an insight in to the socio-economic condition of these PAHs, their priorities, expectations and apprehensions. The objectives of the census survey were to prepare the list of the project affected households and also assess the extent of impacts. The survey was conducted by engaging a team of surveyors recruited locally. The second phase of socio-economic survey was undertaken from 10th January to 13th August 2016 at different interval with a focus to street vendors and other PAPs that were not covered in the original survey.

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Policy and Legal Framework

Currently there is no specific policy on “Resettlement Policy” in Tanzania. However, the resettlement in the country is guided by the National Policies and Laws related to land issues. Also the Ministry of Works, Transport and Communication prepared the Road Sector Compensation and Resettlement Guidelines, which are adhered to, during the implementation of road projects. Prior to the enactment of a framework legislation to govern land issues in Tanzania, there existed various statutes that dealt with land matters. With such multiplicity of statutes, the responsibility for enforcing them were spread over a number of sectoral institutions ranging from national to local authority level. In 1995, the government of Tanzania developed a national land policy to streamline the system of land administration. For those projects funded by development partners, such as the World Bank, resettlements are implemented in accordance with the OP 4.12 of the Bank.

Eligibility and Entitlement

Tanzanian legislation provides valuation of properties at market values for land, houses and structures affected by a project. However, since the BRT project is to be funded by the World Bank, the Bank's policies and guidelines on compensation and resettlement issues are to be followed. The Bank’s policy aims to avoid involuntary resettlement to the extent feasible, or to minimize and mitigate its adverse social and economic impacts. It promotes participation of displaced people in resettlement planning and implementation, and its key economic objective is to assist displaced persons in their efforts to improve or at least restore their incomes and standards of living after displacement. The policy prescribes compensation and other resettlement measures to achieve its objectives and requires that borrowers prepare adequate resettlement planning instruments prior to Bank appraisal of proposed projects. Based on Tanzania’s laws, eligibility for compensation is defined in the provisions of the Land Act and the Land Acquisition Act cited in Chapter 5 of this RAP report. According to these laws, all owners of properties located within the proposed project area at the time of inspection and valuation will be eligible for compensation. Notices to claim compensation were served to most owners of affected properties using Land Form No.14. According to the World Bank, eligibility covers not just legal owners of properties but also those that do not have legal ownership by will affected by

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the project in one way or the other. In this case tenants and vendors are eligible for some kind of assistance according to the Bank policies.

Entitlement Matrix

The principle adopted from the Tanzania Laws establishes the eligibility and provisions for all types of losses (land, structures, businesses, loss of accommodation, disturbance, crops, transport costs resulting from displacement and trees). All affected persons will be compensated at full replacement costs and other allowances. Following the apparent gap in Tanzania laws on involuntary policy and that of the World Bank, this RAP will be aligned with the World Bank Operation Policy which indicates best practices for rehabilitation of livelihoods of people affected by the implementation of the project. The Bank’s policy will be applicable because: i. They are involved in the funding of the project and, ii. Its policy best fulfil the pro-poor objectives of the projects, ensuring that the conditions of PAPs are preferably improved or at least restored to pre-displacement levels as well as offers special considerations for vulnerable and landless PAPs.

Methods of Valuing Affected Assets and Compensation Payments

The calculation of compensation and other resettlement allowances for displaced property owners based on current practices in Tanzania for valuation and compensation of properties as stipulated under the Land Act, 1999 and Land Regulations, 2001 only provide for compensation equivalent to the market value of the affected land, structure or asset (direct comparison method) and standing crops (earnings approach) as determined by the valuation assessments. This approach to valuation is not consistent with the resettlement measures required by the World Bank Operational Policy 4.12 on involuntary resettlement which requires that compensation is paid based on the full replacement value (not depreciated) of an asset. In order to meet the requirements for a RAP consistent with the Bank, the valuations have been undertaken in compliance with Bank’s policy guidance.

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Institutional Arrangement for RAP Implementation

A number of organizations and institutions will be involved with RAP implementation processes at different levels and times. As soon as the RAP is cleared and finalized, TANROADS will formally disclose it to the affected people. For this purpose, TANROADS will organize a number of sessions to PAPs. The sessions will be chaired by the RAP specialist of TANROADS and attended by representatives of the higher territorial hierarchies (Districts and Ward/Mtaa). Adequate display materials will be utilized. TANROADS will prepare the list of the occupants dispossessed by the project, specifying their rights of occupancy and the assessed value.

TANROADS in collaboration with the Local Government (i.e. Municipal Councils) will dispatch the dislocation notices to the concerned PAPs. The Ministry of Finance through TANROADS will disburse compensation funds to TANROADS Regional office to pay the communities eligible for compensation. To ensure timely completion of resettlement activities, TANROADS and relevant Municipal authorities will facilitate the resettlement process by urging all PAPs to vacate within the time frame that will be agreed between the two parties. This RAP recommends the time not to exceed 30 days after receiving compensation. TANROADS will then hand over the site to the contractor for other activities.

TANROAD in collaboration with Municipal Councils shall identify relevant NGOs in the area that shall assist in raising public awareness on resettlement and facilitate local community participation in RAP implementation. RAP Implementation Schedules.

The schedule below outlines the various activities for implementing the RAP process. The implementation schedule covers all resettlement activities from time of preparation to implementation. It also indicates responsible agency per each activity to be accomplished under RAP implementation.

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Implementation schedule Activity Timeframe (Year/Month Implementing agency

2016 2017

O N D J F M A M J J A S O N D

Updating and approval of RAP and valuation TANROADS and reports Ministry of Land, Housing and Human Settlement Development

Approval of compensation schedule by the Ilala District Ilala District and Dar es salaam Regional Commissioner and Dar Commissioners es Salaam Regional Commissioner

Consultation meeting with the PAPs to TANROADS, inform them on scheduled activities and their Resettlement roles to accomplish the RAP and Committee and NGO Compensation

Disclosure of entitlement TANROADS and WB

Compensation and other resettlement TANROADS, measures to eligible PAPs Resettlement Committee and NGO

Assistance to vulnerable PAPs TANROADS

Undertake baseline checks, claims, conflicts, TANROADS and disputes and all sorts of grievance resolution Grievance Redress Committee

Notification to vacate the Right of-Way TANROADS (RoW)

Commencement of construction works and TANROADS monitoring of RAP issues on operational basis Independent Monitoring Consultant

Review of RAP activities and updating TANROADS valuation of unforeseen properties.

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Resettlement Implementation and Commencement of Construction

Before any construction activity is implemented, PAPs will need to be compensated in accordance with this RAP. The project activities involve land acquisition, and for that reason, it is further required that these measures include provision of compensation and of other assistance required for relocation, prior to displacement and or relocation. The schedule for the RAP implementation and construction works is shown in the table below.

Master plan for implementation of BRT projects phase 3 Duration TIME S/n Activity (days) Start Finish 1 ESIA,RAP the valuation report approval 33 13-Oct-2016 15-Nov-2016 and disclosure 2 Detailed Public Consultation with PAPs & 315 11-Nov-2016 22-Sep-2017 Key stakeholders 3 Approval for budget for relocating utilities 07 9-Dec-2016 16-Dec-2016 4 Revision of the Grievances Redress 99 12-Jan-2017 21-Apr-2017 Committee 5 Earmarking and notification for utilities to 58 3-Apr-2017 31-May-2017 be relocated 6 Site Verification 27 1-Feb-2017 28-Feb-2017 7 Supplementary Valuation & payment of 180 1-Mar-2017 28-Aug-2017 compensation 8 Receiving and working on complaints 95 6-Mar-2017 9-Jun-2017 9 Land Acquisition notice of the COI 30 25-Sep-2017 25-Oct-2017 clearance 10 Procurement of Consultant 218 6-Jun-2016 10-Jan-2017 11 Consultancy Services for Pre-Contract 90 9-Feb-2017 10-May-2017 Services & Design Review 12 Procurement of the Works Contractor 267 1-May-2017 23-Jan-2018 13 Mobilization for execution of the Works 90 21-Feb-2018 22-May-2018 14 Construction of Works 1095 22-Feb-2018 21-Feb-2021 15 Monitoring and Evaluation of the ESMP 1095 21-Feb-2018 20-Feb-2021 16 Defects Notification Period 1095 20-Feb-2021 20-Feb-2024 Source, TANROADS Office – Headquarter, 2016

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Grievances Redress Mechanisms

Grievance redress mechanisms are necessary avenues for allowing affected persons to voice concerns about the resettlement and compensation process as they arise and, if necessary, for corrective action to be taken promptly. Such mechanisms are important to achieving transparency in the acquisition and resettlement processes. Arising from the above observations, the Consultant proposes that all the grievances be addressed before commencing construction and that where all or significant part of the land is acquired requiring that displaced persons be resettled elsewhere, resettlement land should be sought within the local area and the affected communities be given an assurance of deserved consideration. It is proposed that an institutional arrangement anchored in local structures and with representation of the affected persons is put in place that would allow free access to the decision makers without adding more cost to affected persons.

Monitoring and Evaluation

The proponent (TANROADS) will conduct regular monitoring of the resettlement performance through the Resettlement committee, which will be responsible for implementing resettlement and compensation activities and monitor its efficiency. The objective of the monitoring will be: i. To verify that the valuation of assets lost or damaged, and the provision of compensation, resettlement and other rehabilitation entitlements, has been carried out in accordance with the Tanzania and World Bank requirements for involuntary resettlement. ii. To oversee that the RAP is implemented as designed and approved; iii. To verify that Project authorities provide funds for implementation of the RAP in a timely manner and in amounts sufficient for their purposes and that such funds are used in accordance with the provisions of the RAP.

Costs and Budget for RAP Implementation

Taking into account all factors, the compensation for land, structures, loss of business, crops/trees and public utilities to be affected during the implementation of the Proposed

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Tanzania Central Transport Corridor Project (CTCP) Phase 3 is Tshs. 18,131,451,831.00 (Tanzanian Shillings Eighteen Billion One Hundred Thirty One Million Four Hundred Fifty One Thousand Eight Hundred and Thirty One), broken down as given in Table 18. Refer to Annex 1 for the list of PAPs and the Valuation Tables. The Government through TANROADS will finance public infrastructure and utilities through Ilala Municipal Council and responsible institutions for the replacement of affected utilities.

Summary of Valuation Report: Components and Compensation Costs Gongo la Mboto Bus Terminal & Depot Components Quantity unit Compensation Costs Building Value 242 Structures 8,261,517,226.60 Land value 49,519.68m² 2,370,072,130.00 Crop value 601 (crops and trees 14,607,850.00 Accommodation allowances 1,598,940,000.00 Transport Allowances 34,650,000.00 Disturbance allowances 812,747,009.30 Loss of rental income 298,260,000.00 Disturbance and transport allowance for 37 19,500,000.00 business tenants Disturbance and transport allowance for 244 53,400,000.00 residential tenants Grave removal allowances 10 8,800,000.00 Local government office 01 42,000,000.00 The costs is moved to contractor Assistance to vulnerable people 89 17,800,000.00 Sub Total “A” 13,532,294,215.90 Along Nyerere Road, Uhuru Road and Kawawa Road Building Value including fence/wall 10 structures 276,467,060.00 Land value - 3,693.8m² 261,130,000.00 Transport Allowances 450,000.00 Disturbance allowances 19,506,726.00 Loss of rental income 7,373,128.00 Shifting of vendors movable assets 10,000,000.00 Sub Total “B” 574,926,914.00 Warehouse and Factories- (Sungura Textile Plot) Land value - 51,877m² 2,593,850,000.00 Disturbance allowances 207,508,000.00 Loss of rental income 51,877.00 Sub Total “C” 2,801,409,877.00 Compensation costs for a Holdout at Gongo la Mboto Bus Terminal and Depot Structure /unexhausted improvements value 05 structures 147,110,700.00

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Land value 1,173m² 127,610,000.00 Crop value 01 crop 240,000.00 Disturbance allowance 21,977,656 Loss of profit 00 Accommodation allowance 24,080,000.00 Transport allowance 400,000.00 Disturbance and transport allowance for 01 200,000.00 residential tenant Sub Total “D” 321,618,356.00 Facilitation for RAP Processing and Implementation RAP report approval fee 50,000.00 Valuation/approval fees paid to the ministry 0.01% of the total 1,000,000.00 of land compensation budget Facilitation Fee (Regional Commissioner’s 1,400,000.00 office Facilitation Fee (District commissioner’s 750,000.00 office Facilitation for RAP implementers 15,000,000.00 including grievance redress committee Internal Monitoring and Evaluation 20,000,000.00 Sub Total “E” 37,200,000.00 TOTAL A, B, C, D, and E 17,268,049,362.90 Contingency (5%) – Livelihood restoration 863,402,468.10 and other unforeseen impacts GRAND TOTAL 18,131,851,831.00

Note: current exchange rates: 1USD= 2170 Tanzanian shillings) Note: Facilitation fees covered in this RAP budget are not mentioned in any institutional regulations but rather formalities within government institutions to cover various costs (allowances, office use and taxes).

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Statements of financial responsibility and authority

The Government of Tanzania under the Ministry of Finance and Planning through TANROADS will be responsible for all financial matters concerning the project implementation including RAP implementation.

Sources of funds and the flow of funds

The main source of fund for executing this RAP will be the Government of Tanzania through the Ministry of Finance and Planning and TANROADS. The fund will be sourced from the TANROADS which will be responsible for effecting payment to eligible PAPs through a reliable commercial Bank or cash money depending on government directives during the implementation of this RAP.

Conclusions and Recommendations

Conclusion i. The proposed project will create displacement of persons, loss of livelihood, mainly at Guruka Kwalala at Gongo la Mboto ward where the bus terminal and depot will be located. There will also be some interference with public infrastructures; however, there are many short and long-term benefits that will arise from the proposed project. ii. Where displacement or impact is unavoidable, appropriate mitigation measures have been put in place to reduce to a minimum or eliminate any undesirable effects of the project. iii. Project affected persons in Guruka Kwalala expressed concern over the significant number of houses and commercial buildings that will be affected. iv. Project affected persons expressed concern on the transparency of the valuation and compensation to project displaced persons. v. Community awareness of the proposed project is rated very high with many expectant of the gains that will accompany its implementation while others were pessimistic due to endless promises that they claim have been made at various forums in the past on the construction of the road for the rapid bus transport.

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vi. All PAPs are willing to be moved however, prompt and fare, full compensation must be guaranteed. vii. Vendors were very much concerned with their livelihood once they will be removed from the areas they are used to do their business. Although, they are aware that they are doing businesses in areas, which are not allowed by the government, still their livelihood depended on such activities and they do not have alternative site, which can assure them of customers. viii. The socio-economic survey for some of the affected person at Kipunguni mtaa (Banana) area in Kipawa ward planned for construction of a feeder station and the valuation of all structures were not undertaken due to resistance showed by one of the would be affected persons. This area is made up of a piece of land that is used by several traders that have rented the premises from one landowner. There are more than 50 traders with shops, bars, Internet cafes, and food vendors. The traders, most of them not working there have instead, hired workers. Outside these shops etc, you also have vendors selling their wares. The so-called landowner refused to let his land taken and instructed the tenants not to cooperate with survey team. The efforts to request him to cooperate, including showing the valuer the title deeds for land to justify his ownership was not successful. ix. The applied mitigation measures have excluded the about 9 PAPs 09 at Ukonga, Gongo la Mboto and Uwanja wa Ndege along Nyerere road.

Way forward i. In order to ensure compliance with Tanzania government and World Bank O.P 4.12 requirements for involuntary resettlements, all affected people, should be fully compensated. Since, the valuation process was undertaken in 2014, the compensation should take into account the payment of interest rate to the PAPs ii. All the project affected persons who will be displaced or relocated, should be informed in good time (given approximately 90 days) to prepare them for relocation and modalities of conducting resettlement counselling put in place. iii. Although street vendors are doing their business illegally along Nyerere and Uhuru roads, they need to be considered for some assistance as required by the World Bank. One of the recommendations is to provide vendors a place for undertaking their businesses, (refer

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vendor’s suggestions). TANROADS will work together with the Ilala Municipal Council to identify areas to establish new places for vendors, so that their livelihood is not negatively affected. iv. Since the disputed land at Kipunguni is a critical area for the BRT as it is planned for feeder station to save many people in the area, it is suggested that TANROAD in collaboration with Ilala Municipal Council to address the dispute in more peaceful and legally accepted ways to allow the development of the project which is highly needed by the communities in the area. While this process continues, the proposed feeder station will be removed in current design and the area will continue to be used as Daladala station. Once this problem is resolved, arrangement will be made by TANROADS to acquire the land as required by law. v. The project proponent should involve other utilities companies such as TANESCO and DAWASCO who share way-leave prior to removing/relocating the utilities; this could minimize compensation costs. vi. Since the mitigation measures of road realignment and confinement of project activities in the existing road reserve have excluded the PAPs along Nyerere road, it is recommended that the names of those who were to be affected should be removed from the compensation schedule. vii. In order to ensure that the valuation of assets which undertaken in 2014 is not affected by inflation, change in land value and construction materials, the compensation schedule will be updated by calculating the compound interest rate offered by commercial banks on fixed deposits (refer to Land Acquisition Act, 1967 and the regulations, 2001 of the Land Act of 1999 in section 7.4). The compensation for tree which were not mature in two years ago will be updated by changing the percentage of growth as shown in compensation schedule. It was not possible to include the cost of interest rate in this RAP report because it is not clear when the government is expected to implement the project and start the compensation processes.

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1.0 Introduction

1.1 Project Background

The Government of Tanzania intends to establish, operate and manage the Bus Rapid Transit (BRT) system, which is the cost effective sustainable transportation system in the world, for Dar es Salaam City to ensure fast and orderly flow of traffic on urban streets and roads. The Dar es Salaam city is the largest in Tanzania and the principal centre of commerce and Industry. It is also an important terminal for air, sea, and road transport. For the city council and municipalities to play their roles effectively, i.e. responsibility for transport, environmental planning and development and road maintenance, they therefore require road networks with enough carriageways to handle large traffic flow, which is a growing problem in the city roads (traffic congestion). The BRT project follows the current land use plan that shows an extension of planned residential areas in the north-west along Ali Hassan Mwinyi road, in the south along Kilwa road and in the Tabata area. The plan also shows an extension of unplanned residential areas in the west along Morogoro road, in the South-west corridor along Nyerere road. There is also an extension of industrial areas north along Ali Hassan Mwinyi road, along Nyerere road and part of Mikocheni Area.

Dar Rapid Transit Agency (DART) was therefore established by the Government and it operates under the Prime Minister’s Office, Regional Administration and Local Government through the Ministerial Advisory Board to establish and operate Bus Rapid Transit (BRT) system in Dar es Salaam City to add to the City efforts to enhance mobility, safety, comfort and clean environment. DART Agency came fully into force on 16th June 2008, established by GN. No. 120 of 25th May 2007, under the Executive Agency Act, No 30 of 1997.

Therefore the main objective of the project is to ensure orderly flow of traffic on urban streets and roads by increasing the level of mobility, promoting the use of non-motorized transport, and to meet the ever increasing travel demand of the city residents with ultimate aim of increasing comfort and quality of life and urban development.

Apart from improving public urban transport in Dar es Salaam city, DART system intends to generate more jobs to residents by inviting people to invest in the DART system bus operators, fund management and fare collection companies. In order to distinguish itself from the current public urban transport system, popularly known as daladala, the DART system will be using quality high capacity buses which meet international service standards, environmentally friendly, operating on exclusive lanes, at less travelling time while ensuring user satisfaction. The project will link other ongoing initiatives geared towards the improvement of the Dar es Salaam infrastructure and transport network. These include but not limited to Kigamboni Toll Bridge (560m long) which link the main part of the Dar es Salaam City with the Kigamboni ward, and the Kisarawe Freight Station which is proposed to link the Railway and Roads infrastructures and the Port.

1.2 Project Objectives The main objective of the BRT project is to improve the transport infrastructure in Dar es Salaam city whereby the proposed roads such as Kilwa and Nyerere roads are vital as they form part of regional and trunk roads connecting other regions. The expected output is the orderly flow of traffic on urban streets and roads with increased level of mobility, promoted use of non-motorised transport such as bicycles and increased comfort and quality of life and urban development. In details, following the nature of urban population and economic framework of the Dar es Salaam City and the need of efficient and integrated transport system for the city, the Dar Rapid Transit Agency (DART) is implementing the Bus Rapid Transit (BRT) as the bus-based mass transit system that delivers fast, comfortable, and cost effective urban mobility.

In Dar es Salaam, lack of sufficient infrastructure has resulted in unreliable service with astonishingly low levels of quality of transport in the city. Meanwhile, the minimal investment engaged by operators, explain the proliferation of small vehicles (daladala) which cannot cater for the problem. A greater number of small buses are necessary to transport the same amount of passengers. Allied to small fares, the obvious consequences are overcrowded vehicles and congested road ways. To make the

business profitable, vehicles need to run full almost all the time. This means there are no schedules at all, long waiting times in the middle of the route, absence of services during some hours in some regions, especially at late hours in the evening. Another aspect of the problem is the bottlenecks generated in some stops due to the concentration of vehicles. In places like Kariakoo, Buguruni and TAZARA, it is common to see huge congestions, before the daladala stops and an empty street after this point.

The serious public transport problem facing Dar es Salaam has two main causes; The small obsolete passenger vehicles operating without control, and the lack of safe road infrastructures that endanger both motorized and non-motorized transport users including pedestrians. The rationale behind the proposed Bus Rapid Transit System is to regulate urban transport through a specialized infrastructure known as Bus Rapid Transit (BRT) that has been tested in other cities over the last 25 years. Therefore the project aims at ensuring orderly flow of traffic on urban streets and roads by increasing the level of mobility, promoting the use of non-motorised transport, and to meet the ever increasing travel demand of the city residents with ultimate aim of increasing comfort and quality of life and urban development, thus reducing traffic congestion in the city. Therefore, the specific objectives of Dar es Salaam BRT system are:

i. To increase the level of mobility of the majority of residents enhancing their participation in wide range of economic and social activities ii. To facilitate the use of Non-Motorised Transport (NMT) by improving service roads and implementing parallel bicycle routes allowing for integration of bicycles and the bus system and for reduction of congestion in the carriage way 4 iii. To meet the continuous increase of travel demand of the City. iv. To have a comfortable public transport system at reasonable cost to the users and yet profitable to the operators, using quality high capacity buses which meet international service standards, environmentally friendly operating on exclusive lanes at less travelling time.

1.3 Objectives of RAP

The implementation of the project shall result to displacement of people, loss of residential houses and commercial buildings, loss of tress and communal facilities e.g. boreholes, cemeteries and power transmission lines thus requiring a resettlement action plan (RAP). The purpose of the RAP study is to evaluate the project area and identify persons and property that will be affected by the proposed project so as to carry out appropriate and commensurate compensation and resettlement. This shall ensure that the displaced persons are not left worse off prior to project implementation. The RAP outlines the guiding principles to be followed when there is involuntary land acquisition in order to reduce to a minimum any adverse impacts to PAPs and enhance positive impacts. RAP applies to all displaced persons regardless of the total number of persons affected, the severity of the impact and whether or not they have legal title to the land. The RAP also sets out the framework for institutional arrangements, schedules, and other indicative budgets to facilitate any resettlement processes that will be necessitated as a result of this project.

The specific objectives of this RAP review are:

i. To review the RAP of the project in line with the World Bank’s safeguards policies; ii. To verify and review the census survey undertaken to ensure that all the potential PAPs are identified; iii. To establish the impacts of the proposed project on the Project Affected Persons. iv. To recommend measures to minimize resettlement v. To undertake a socio economic survey to generate baseline data to be used in M&E during project implementation vi. To verify the asset inventory survey and ensure that all potential assets that will be affected by the proposed project are enumerated; vii. To update compensation matrix using the prevailing market rates viii. To verify compliance with the Bank’s Involuntary Resettlement policy and any other national relocation and resettlement regulations that govern the infrastructural development sector

ix. To clearly provide stakeholder engagement plan for the project. x. To recommended livelihood restoration plan for the project xi. To prepare and submit a Resettlement Action Plan report that is compliant with World Bank Safeguard regulations and Government of Tanzania existing laws.

1.4 Proposed BRT Project Description

1.4.1 Overview of the Project Influence Area

Dar es Salaam is the largest City in Tanzania. It is also the country's richest city and a regionally important economic centre. Dar es Salaam is actually an administrative region within Tanzania, and consists of three local government areas or administrative districts: Kinondoni to the North, Ilala in the centre of the region, and Temeke to the South. Dar-es-Salaam is estimated to have a population of 4,364, 541 as per 2012 National Population Census. Located on a harbour on the Indian Ocean, it is the main port for Tanzania, handling exports of minerals and crops. In addition it is the hub of Tanzanian’s national transport system as major highways and all railways originate in or near the city.

1.4.2 Project Location and Its Administrative Boundaries

The proposed phase III of the BRT project is located within the City of Dar es Salaam specifically in Ilala Municipal. Administratively, the Ilala Municipal Council has three divisions namely Ilala, Ukonga and Segerea. These divisions are then divided in 22 wards, which in turn are subdivided into sub wards commonly known as Mtaa (singular) or Mitaa (plural). There are

65 Mitaa. The Municipality also has 3electoral constituencies namely: Ukonga, Segerea and Ilala. The Municipality executes its administrative duties through

i. The Municipal Council, ii. Ward Development Committees under the Chairmanship of the Councillor and iii. Sub-Ward (Mitaa) Development Committees

The proposed BRT roads project is envisaged to be constructed in Dar es Salaam City intercepting mainly the Ilala municipal. The phase 3 BRT corridor is designed to be along Nyerere Road from Gongo la Mboto to Kariakoo (Gerezani) area with a total of 23.6 Km where it connects with other routes. The Phase will also connect from TAZARA to Buguruni along Mandela Road and then connect to Uhuru road to Karume and and Nyerere Road. The project forms part of the on-going initiatives for providing affordable, efficient and accessible public transport in the city of Dar es Salaam. The project covers a total of 23.6km from the city centre to Gongo la Mboto that will traverse seven administrative wards and 15 Mtaas as shown in Table 1.

Table 1: List of wards and Mtaa affected by the project

Ward Mtaa Gongo la Mboto GurukaKwalala Gongo la Mboto Ukonga Ukonga Kipawa Kipunguni Vingunguti Vingunguti Mnyamani Mnyamani Faru Buguruni Madenge Kisiwani Malapa Mivinjeni Ilala Sharif Shamba Mafuriko Kasulu Karume Source: Field Survey, 2016

1.4.3 Population of the Project Area

According to the Population and Housing Census of 2012, the municipal has a total population of 1,220,611 of whom, 595, 928 are males and 624,683 were females. The Municipal has an average household of 4.0 and a sex ratio of 95 with an inter-censual growth rate of 4.1. The stated growth rate is higher than the National inter-censual population growth rate, which were 2.9. The population for the wards where the road traverses is shown in Table 2.

Table 2: Population distribution in affected wards

Ward Population (Number) Average Household Sex Ratio Total Male Female Size Gongo la Mboto 57,312 27,927 29,385 4.0 95 Ukonga 80,034 39,413 40,621 4.1 97 Kipawa 74,180 35,866 38,314 4.0 94 Vingunguti 106,946 53,248 53,698 3.7 99 Buguruni 70,585 34,547 36,038 3.8 96 Mnyamani**

Ilala 31,083 15,242 15,841 4.3 96 Source: TPHC, 2012 ** New administrative ward

1.4.4 Project Roads Description

BRT is a bus-based mass transit system that essentially follows the performance and characteristics of a modem rail-based transit system but at a fraction of the cost. It consists of a corridor of exclusive and segregated lanes, high capacity articulated buses and high performance boarding with central platform for level boarding and large closed stations that allow fare payment outside the trunk vehicles. The proposed system can reach average speeds of 25 km/h. The Third Phase of BRT system plan, whose detailed engineering designs has been finalized covers infrastructural design and the associated trunk and feeder network plans.

BRT system will comprise of a two lane, one lane per direction, two way roads dedicated for buses only that allows busses to bypass peak hour congestion as well as achieve high speeds to reach destinations faster. The proposed roads will comprise Bus lanes, mixed traffic lanes and Non-Motorized Traffic (NMT) facilities. The Corridors and Non-Motorized Traffic facilities will include trunk and feeders; feeders include bicycle and pedestrian paths, pedestrian overpasses and flyovers (if required) etc. Stations and terminals will include elements like access area, fare collection area, platforms and circulation. Bus Deports will include elements like access area, manoeuvre, fuelling, washing, and maintenance, parking and necessary buildings such as for maintenance. Figure 1 and 2, shows the proposed DART BRT network plan.

Figure 1: Proposed DART BRT Network Plan

Figure 2: Proposed DART BRT Road system

2.0 Approaches and Methodology

2.1 Introduction

In order to adequately collect socio-economic baseline information pertaining to the project area, both qualitative and quantitative methods were used to collect data and information on the social and economic status of the community and the area along the road corridor. The PAPs were identified and consulted with the objective of establishing land ownership, the existing socio- economic conditions within the project area of influence and the immediate surroundings. Approach and methodology for survey mainly consist of quantitative and qualitative tools and techniques that were conducted in two phases as discussed below.

2.2 Phase One: Pre Survey Activities

2.2.1 Collection and review of project literature

This phase intended to familiarize with the concerned and important stakeholders to identify and collect the available literature and to scope the activities. This involved two pronged approach (a) discussions with Project Implementing authorities and other concerned, b) collection of available relevant project literature.

In order to understand the RAP process and to identify any gaps in terms of coverage and compliance, the following documents were read and analysed:-

i. The Resettlement Action Plan of March 2015 that Kyong Dong Engineering Co., Ltd. in association with Ambicon Engineering (T) Limited prepared. ii. The Tanzania land acquisition laws (e.g., the Land Act No. 4 of 1999, iii. The Land Regulations of 2001 and the Land Acquisition Act of 1967), iv. The World Bank Operational Policy 4.12 for Involuntary Resettlement. These documents set the framework for preparation and implementation of this RAP 2.2.2 Rapid reconnaissance survey to familiarize field activities

Following the review of literature and consultations, rapid preliminary field visits were conducted as part of ground truthing exercise. This provided the basis for field research

preparation and helped in testing the questionnaires and checklists. The RAP team surveyor carried out the reconnaissance survey as follows;

i. Location of the positions of all the Road Chainage Points provided by the DART Road Design Engineers. ii. In order to minimize resettlement impacts, the project required different size of land from the existing roads size on either side of the road from the centre line of the road corridor was identified on the ground to be able to determine PAP household identity, affected land, trees and structures that fall within the road way leave. The size of existing road is 45m. However, the required land size of the project from TAZARA to Gongo la Mboto is 32m (16m in either side of the road), from Karume – Shaurimoyo to Gerezani Bus terminal 17m is required (8.5m in either side), while the rest of the road requires a distance 21m. In addition, the project requires a distance of 21 – 24.5 for stations construction. iii. Land and every salient existing features (housing structures, trees, boundary fences, roads and power lines etc.) along the 45m road corridor were picked and documented. iv. The road design coordinates were used to align the road between from Gongo la Mboto to Kariakoo and compute the precise area to be acquired for every person affected by the project (PAP).

2.3 Phase 2: Survey Activities

2.3.1 Census and socio-economic household survey affected persons and Street Vendors Assessment

Socio-economic survey along the entire road corridor, census of affected persons and valuation of their affected property was carried out in two phases. The first phase which was undertaken in at Gongo la Mboto ward in Guruka Kwalala up November, 2014. The census involved the head of affected households and their tenants. The second phase involved two PAPs who were not surveyed in 2014 and vendors at Gongo la Mboto, Ukonga, and Kipawa (along Nyerere road), Mnyamani, Buguruni and Sharifu Shamba (along Mandela and Uhuru roads) was conducted

from15th January to 20th February and 13th, August, 2016. During the fieldwork exercise the consultant team administered questionnaires to the PAPs and vendors).

In conducting a detailed household’s survey, questionnaires were administered to obtain views about the proposed projects and their perceived impacts from project affected households. All the households whose commercial and residential structures are within the project area were interviewed and detailed information regarding their property (land, houses and any other economic activity) were collected to assist in the evaluation process for compensation. For households where owners were not found during the interview contacts were obtained. The following were collected during the survey:

i. Household demographic data including information regarding household population, sources of income; income levels, level of education; ii. Socio-economic characteristic tics of vendors iii. Means of livelihood and economic activities; iv. Location of the project affected land, ownership and its size for value determination; v. Size and type of commercial structures including commercial buildings, residential houses and public utilities for value determination; vi. Type and size of trees and other vegetation for value determination; vii. Commercial and social activities taking place within the road corridor to determine loss. viii. Grievances of affected persons and its redressed ix. Perception of the proposed road-upgrading project.

2.3.2 Consultation Meetings

About 13 consultation meetings with affected people at Gongo la Mboto, Ukonga, Kipunguni, Kwamnyamani, Buguruni and Sharifu Shamba were organized and conducted at various towns/centres along the route of the proposed road. Consultations were carried out with the community, key stakeholders, local leaders and PAPs through direct verbal interaction with them, oral interviews and the administration of relevant questionnaires. The purpose of the meetings was to elaborate on the various aspects of the proposed project and discuss project mitigation measures and alternatives. Projects aspects discussed during the meeting included

land acquisition, compensation for land, structures, loss of business and trees and resettlement so as to make sure that all stakeholders and PAPs are able to make informed decisions and choices. The views and suggestions by the community, stakeholders and PAPs were recorded inform of minutes and used to enhance mitigation measures and alternatives aimed at minimizing project impacts and enhancing benefits. The program and some of the consultative meetings are shown in Table 3 and Photo 1.

Table 3: Public consultation and participation schedule

Date Venue Stakeholders Number of stakeholders consulted Leaders Estimated Vendors at the meetings 10.01. 2016 TANROADS Office Sociologists responsible for 03 - (Head quarter) PAPs 20.01.2016 Visit along the BRT Site visit and brief discussion 03 - corridor for phase III with Guruka Kwalala Mtaa from Kisutu Market to leaders Gongo la Mboto back TAZARA – Buguruni along Mandela Road, then Buguruni to Karume along Uhuru Road. 21.01. 2016 DART Office Ubungo DART Engineers and RAP 03 Plaza Specialist 26.01.2016 Ilala Municipal Municipal Council Director 10 - Council and Land valuer Distribution of letters Gongo la Mboto, Kipawa, for appointment to all Vingunguti, Buguruni, affected wards Mnyamani, Sharif Shamba, Mchafukoge, and Gerezani wards. 27 01.2016 Gongo la Mboto ward Ward and Mtaa leaders 04 - office

Vendor’s business Vendors - 45 area along Nyerere road 28 - Ukonga Ward Office Ward and Mtaa leaders 6 29/01/2016 Vendor’s business - 50 area along Nyerere Vendors road 01.02.2016 Mnyamani Ward Ward and Mtaa leaders (Faru 04 - office and Mnyamani) Vendor’s business Vendors - 35 area along Mandela road 02.01.2016 Buguruni Ward office Ward and Mtaa leaders 05 - Vendor’s business Vendors and Mtaa leaders - 35 area along Mandela and Uhuru road 03.01.2016 Kisiwani and Malapa Mtaa leaders 04 - Mtaa in Buguruni ward Vendor’s business Vendors - 48 area along Uhuru road 04.02.2016 Madenge and Mtaa leaders and vendors 03 - Mivinjeni Mtaa in Buguruni ward Vendor’s business Vendors - 30 area along Uhuru road 05.02.2016 Sharif Shamba Ward Ward and Mtaa leaders of 05 - office Sharif Shamba and Amana 08.02.2016 Mafuriko, Kasulu and Mtaa leaders 02 - Karume in Sharif Shamba mtaa office 08.02.2016 Shauri Moyo and Mtaa leaders 02 Lindi Mtaa in Gerezani ward office 09.02.2016 Ilala District District Commissioner 01 - Commissioner’s Office

16.02.2016 Kipawa ward office – Ward and mtaa leaders 06 Banana in Kipunguni Mtaa 16.02.2016 Banana business area Vendors and business people - 116 at Kipunguni mtaa with permanent and temporal structures 13.09.2016 Ukonga – Mwembe Mtaa leaders and relatives of 03 06 Madafu mtaa office the deceased 13.09.2016 Ukonga – Mwembe Mwembe Madafu 02 - Madafu Development Organization leaders 14.09.2016 Ilala Municipal Health Officers 02 - Council – Health Department Office Total 68 365

Photo 1: One of the consultative meetings at Kipunguni in Kipawa ward

2.4 Disclosure of the Resettlement Action Plan The final RAP will be approved by project implementers as well as the World Bank safeguard officials. The approved RAP report will be available to the public at the following places:  Ministry of Works, Transport and Communication  TANROADS Offices  Office of Ilala Municipal Council  Offices of the Ward Executive Officers (WEO) of respective wards within the project area  World Bank Office/Website

3.0 Project activities and Identification of Project Impacts of Affected People

3.1 Activities that will adversely affect populations or Activities that will lead to resettlement The planned development of construction of phase III of the DART project and associated road furniture will have resettlement impacts arising from the following project activities:

3.1.1 Construction of Terminal Buildings

One terminal building will be constructed for DART phase III at Guruka Kwalala area in Gongo la Mboto ward. The proposed terminal building will result into a significant loss of structures that include residential, commercial and public infrastructures. A total of 774 assets will be affected.

3.1.2 Construction of a Deport

The proposed deport will be constructed at Guruka Kwalala area in Gongo la Mboto ward in the same location with the proposed site for construction of the terminal buildings.

3.1.3 Construction of the main Dart Road

Though the proposed upgrade consisting of 23.6kms will to a large extent follow the existing alignment but there will be an increase in the road carriage area width to accommodate the DART lanes as well as the road way leave. The current width of the road is 45m and project would require 21m in most of the alignment 17m in Shaurimoyo area and 32M from TAZARA junction to Gongo la Mboto and between 21 - 24.5m at stations; this is done as a mechanism to minimize impact on assets that would require compensation.

3.1.4 Construction of Fly over

To minimize traffic impact on major junctions the project also anticipates construction of two fly over’s as a mitigation measure; one of the flyover will be constructed at the junctions of Nyerere and Kawawa road while the other one will be constructed near Kisutu market. The construction of these flyovers will be undertaken within TANROADS road reserve, so no major impact is anticipated, except for vendors who are doing small business along the road.

3.1.5 Construction of Bus stations

The proposed project intends to construct twenty-three bus stations along the Nyerere Road from new post office bus station in the city centre to Gongo la Mboto. Bus terminal as well as seven bus stations will be constructed along the Uhuru road from the current Karume daladala stop. Considering the design of the bus stations; that is constructed in the centre of the DART roads this activity will have minimal impact on land take that will mainly be the existing road way leave and therefore no impact to PAPs.

3.1.6 Turning Radius

In some parts of the road project, the engineering design would require the road to be curved to accommodate the turning radius of project buses; this is mostly on current sharp corners of the existing roads or on roundabouts of existing roads. The turning radiuses will be designed only at Buguruni junction and will have minimal impact to an open space.

3.1.7 Construction of Feeder Stations

The proposed project will also construct feeder roads to enable link the proposed project with other feeder roads; The proposed BRT phase Three will construct two feeder stations along the Nyerere Road that include feeder stations at Jet Club and Banana feeder stations. Along Uhuru road, one feeder station will be constructed at Rozana. The feeder stations will have minimal impact and only the way leaves for the existing roads will be utilized.

3.1.8 Construction of walk ways

These are meant for pedestrians and will mainly utilize the existing right of way (ROW) as well as up grading existing walk ways to minimize impact in some sections of the BRT phase three the walk ways size will vary according to space limitation.

3.2 Project Impacts The main negative impacts of the project will arise from the need to acquire land for the bus terminal and deport at Guruka Kwalala in Gongo la Mboto and for other associated infrastructure like flyovers, feeder stations, turning radius and construction of walkways. The impacts of land acquisition will vary from one affected person or entity to another but may include (in part or full land acquisition for leasehold plots. This is because the land parcels are small and remaining portions of land after acquisition may not be viable for occupation or for utilization in any meaningful economic activity, refer to Table 3 for project impacts. Some of the anticipated and expected project impacts include the following:-  3.2.1 Loss of residential Structures

There will be a significant impact of loss of structures that will be caused by the proposed project mainly the construction of a terminal building which is likely to have a major impact to the livelihood of the PAPs if not well compensated. Types of houses to be affected are largely the common semi urban houses cement blocks and corrugated iron sheets as roofing materials. Photo 2, shows some of the structures to be affected by the project at Guruka Kwalala in Gongo la Mboto ward.

Photo 2: Some of the structures to be affected at Guruka Kwalala in Gongo la Mboto ward For the impact of residential structures as shown in Table 2, they are mainly of three types that include those used as residents for the owner of the house, those used with tenants and therefore a source of income for the owner and other residential structures that combine both residents for the property owner sharing with tenants.

3.2.2 Loss of Commercial Structures It has been revealed that the project will have a major impact on structures that are used for commercial purposes that include renting houses or renting part of the houses for other type of business such as shops. There are also two main categories of business in the area i.e those that are registered and therefore have records with their business and those that have no records of which most are petty business.

3.2.3 Loss of Community and Public Structures and entities

The public/community properties include structures and land that are publicly owned, used or controlled, example by a government authority, such as a school, health centre or sports field; and those that are actually private, but serving a community purpose, such as a place of worship, a private clinic or a private school. The proposed BRT Phase III will affect 1 community structure used for various activities, though the demolition of community entities will not lead to any relocation of individuals but is

likely to disrupt community services and social networks. At Mwembe Madafu in Ukonga ward, the project will affect underground water pipes located close to the graves that will be removed. The water pipe distributes water to nine (09) Distribution Points within the mtaa saving about 16,000 people within and outside the mtaa.

3.2.4 Loss of Land

The proposed project will result in loss of land mainly for urban settlement and commercial purpose. All the plots to be affected are owned by individual and have been developed except for 5 plots that owned by individual PAPs.

3.2.5 Impact on Permanent Crops/Trees (Individual PAP)

Permanent crops include those that take more than a year to reach full maturity and can be harvested over a long period of time. These include coconut trees, sisal, fruit trees, banana trees and timber and shades related trees. PAPs specifically those at the proposed Gongo la Mboto terminal Station have grown trees for various purpose that include shelter, fruits and subsistence. A total of 21 PAPs own permanent crops. PAP’s (legal owners or encroachers) with standing crops that include trees on their plots within the defined project area are entitled to compensation. Each tree is counted and compensated according to its market value and age of maturity; for instance a mango tree that is fully matured and producing is compensated 100% of the compensation rate of the tree.

3.2.6 Impact on public permanent trees

In Dar es Salaam, trees have been grown along the existing road as a mechanism to reduce dust impact from existing road operations, shelter and for aesthetic value of the city or boundary of their plots. A number of trees planted along the existing roads will be affected, most of these trees are owned by the respective Municipal Council or TANROADs and/or other Government offices. In order to minimise the impact on public trees, vegetation clearance for the temporary infrastructure will be limited to the minimum. In addition, areas cleared of vegetation will be re-vegetated to prevent soil erosion. TANROADS will have a

special program to plant trees as a mechanism to replace those public affected trees. The budget for this program is included in the ESIA for this project.

3.2.7 Impact on Seasonal Crops

Seasonal crops are mainly those that take less than six months to reach total maturity that allows them to be fully harvested and the land cleared, they include maize, cassava, paddy, vegetables, sunflower and beans. PAPs with seasonal crops are normally not compensated for the affected crops but are allowed to harvest their crops prior to project implementation. Therefore they are only entitled to compensation of affected land if they own it.

However, considering that the project is being implemented in an urban area, and the size of plots within the project affected area, on the cut-off date of this RAP there were no PAPs with seasonal crops on the Right of Way. However, considering that the project is being in an urban area, and the size of plots within the project affected area, on the cut-off date of this RAP there were no PAPs with seasonal crops on the Right of Way.

3.2.8 Destruction of Graves

The proposed project will affect graves that are in a graveyard that is along the Nyerere road at Gongo la Mboto area. A total of 10 graves will be affected by the project and will have to be relocated prior to implementation. The management and relocation of graves will be done according to the Graveyard removal Act No. 9 of 1969. According to the Act, the Ilala Municipal council through the department of health will be responsible in collaboration with the relatives of the deceased in the process of removal, transportation and reinstatement or re- interment conditions of a grave or dead body. Prior to removal of graves public announcement using different media such as television, radio and newspapers will be made by TANROADS to inform the relatives of the deceased about the intention to remove the graves. In addition to mass media, announcement will be made through surrounding mosque to inform the people about the intention to remove graves and when and where the meetings with the deceased relatives will be made. Following the public announcement, TANROADS and the Ilala municipal officials will organize meetings and closely work together with relatives to ensure that all graves at the proposed sites are identified and removed with due regard to the views of the persons interested

and the religious susceptibilities of the members of the religious community to which the person belonged whose grave or dead body it is; (b) with due solemnity and respectful treatment of the dead; (c) so far as is practicable, without unnecessary damage to the grave and the dead body; (d) so that a dead body which is disinterred is transported and reinterred without undue delay;

3.2.9. Impact on PAPs

Following these activities a total of 992 PAPs from 254 households with residential and commercial structures will be completely affected and will be physical moved to another area of their own preference while four (04) PAPs will be partially affected and will not be physically moved. The project will also affect 977 residential tenants and 37 commercial tenants. Furthermore, the project will affect public infrastructures, utilities and crops.. Table 4, 5, 6, 7 and 8, summarizes the type of assets or number of PAPs that will be affected during implementation of the project.

3.2.9. Economic impact on Private Bus Operators (Daladala)

The proposed BRT 3 has bus operators that operate within various parts of the Dar es Salaam City, the BRT 3 will substitute this business which is likely to have economic loss to owners of these buses. To mitigate this impact, the phasing out of these daladalas, which to some extent is already taking place in other routes, will be done by way of nonrenewal of SUMATRA licenses along those routes, which are issued for a maximum of 12 months. Upon expiry of their license affected operators will be offered different daladala routes to operate. It should be noted that the fast population growth and rapid spreading of suburban neighbourhoods close to the project area will create sufficient need to absorb most of this freed capacity.

Table 4: Project affected Households, assets and magnitude of impacts

Area Number Number Number Type of affected Magnitude of of PAHs of PAPs of affected structure Impact and structure Relocation status Gongo la Land and Completely affected Mboto - buildings and will be

Guruka (Residential and physically moved 244 976 247 Kwalala (Bus commercial terminal and Deport Land and fence Partially affected and No relocation

Shop frame Partially affected Ukonga and No relocation (Nyerere 04 05 04 Building Completely affected Road) and will be physically moved Land and fence Partially affected and No relocation Building Completely affected and will be Gongo la physically moved Mboto 02 07 02 Building Completely affected (Nyerere road) and will be physically moved 03 Part of garage Partially affected No building relocation Shop building Completely affected Uwanja wa and will be Ndege 03 03 physically moved (Nyerere road) Mosque Completely affected and will be physically moved Ilala 01 01 01 Regional Partially affected commissioner’s and No relocation fence Total 254 992 257 Source: Kyong Dong Engineering Co., Ltd. In association with Ambicon Engineering (T) Limited, 2014 and Independent consultants, 2016

Table 5: List of affected tenants in Gongo la Mboto Bus terminal and depot Category of Tenants Number of PAHs Number of PAPs Level of Impact Residential tenants 244 977 Completely affected Commercial tenants - 37 Completely affected Total 244 1,014 Source: Kyong Dong Engineering Co., Ltd. In association with Ambicon Engineering (T) Limited, 2014.

Table 6: Affected public infrastructures and other properties

Type of Number of Ownership affected infrastructure/Properties infrastructure Mtaa office 01 Guruka Kwalala Mtaa 02 owned by Guruka Kwalala Mtaa – Bore holes 16 currently serving the community 14 owned by individuals but serving the community Bill boards 16 Owned by individuals/companies and NGOs but for public use ATM machine 01 Akiba Commercial Bank Underground water pipes and - DAWASA sewerage systems Underground water pipes - Mwembe Madafu Development Organization. The pipes are located close the graves that will be removed at Ukonga – Mwembe Madafu Mtaa Power distribution lines and - TANESCO poles N.B: The total number of trees and utilities to be affected along the roads is excluded

Source: Kyong Dong Engineering Co., Ltd. in association with Ambicon Engineering (T) Limited, 2014 and Independent Consultants, 2016

Table 7: Affected Trees at Gongo la Mboto bus terminal and depot

S/n Type of Trees Number S/n Type of Trees Number 1 42 19 Moringa, Drumstick tree 6 Rambutan (Muashoki) (Mlonge) 2 Neem trees (Mwarubaini) 17 20 Msufi 2 3 Starfruit, carambola 1 21 Mjengua 3 (Mbilimbi) 4 Henna, Zanzibar bark 13 22 Lemon trees 7 (Mhina) 5 Coconut trees 34 23 Mivinje 4 6 Soursop (Mstafeli) 28 24 Mkurunge 8 7 Passion 2 25 Alovera 4 8 Mjenga ua 5 26 Date palm (Mtende) 12 9 Pawpaw 99 27 Rough-leaved corkwood 8 (Mchongoma) 10 Avocado trees 4 28 Tamarind trees (Mkwaju) 2 11 Guava tress 29 29 Uzazi wa mpango 3 12 Mango trees 5 30 Flamboyant tree (Mjohoro) 9 13 Oil Palm trees 5 31 Fever Trees (Mbura) 1 (Mchikichi) 14 Midodoma 18 32 Durian (Mduriani) 1 15 Mifagua 1 33 Orange tree 3 16 Banana trees 83 34 Pomegranate 2 (Mkomamanga) 17 Timber 1 35 Mzeituni 2 18 Shade trees 37 36 Jackfruit 1 Total 424 78 502

Table 8: Affected Trees along Nyerere road

S/n Type of Trees Number 1 Mkuyu 1 2 Neem trees (Mwarubaini) 5 3 Flamboyant tree (Mjohoro) 3 Total 09 Source: Kyong Dong Engineering Co., Ltd. in association with Ambicon Engineering (T) Limited, 2015 and Independent consultants, 2016

The most extreme impacts will be felt by people who will have to relinquish all or most of their land and other property and move to other locations which may be some distance away from the affected project area. Less extreme impacts will be felt by people who will lose smaller portions of their land and assets and who will not need to physically relocate. Losses will not only be limited to property owners with legally recognized property rights but some impacts could possibly be felt by people without ownership rights, such as tenants and informal or itinerant land users and squatters. It should be noted about 60 percent of housing in urban areas in Tanzania are in unplanned and un-serviced areas (URT, 2000), however, through the Tanzania’s Property and Business Formalisation Programme, known by its Swahili acronym MKURABITA all land, houses and other properties in the project have been registered in a unified system of property rights and businesses and thereby give them legal ownership of their properties and they pay land and property tax to the Municipal authority.

Although not directly related to the acquisition of land for project purposes it is possible that construction teams may adversely impact on (e.g. damage) land or property located outside the road corridor. The affected people will, therefore, suffer losses which may be temporary or permanent and such displacement will need to be dealt with in accordance with the requirements of the resettlement action plan.

3.3 Measures to Minimize Resettlement Impact Based on the field survey and assessment the negative impact of the project includes loss of land, residential and business structures as well as impact on graves. After carrying out consultations with the project affected persons and the communities at Gongo la Mboto, Ukonga, Kipawa, Mnyamani, Buguruni, Sharifu Shamba wards and after making ground observation following the proposed project design, the Consultant in collaboration with project implementers proposed the following measures in order to reduce the magnitude of resettlement impacts to the people.

3.3.1 Change of alignment

In various parts of the proposed project particularly construction of the road, the design has considered change of alignment to minimize impact; for instance at Shauri Moyo area, the size of the road is significantly reduced to minimize impact to various commercial structures.

3.3.2 Confine Project Activities within existing Right of Way

Currently there is an existing road within all the areas that the project is proposed to be implemented. These include the Nyerere and Uhuru roads therefore to minimise impact. The proposed PHASE III project will as much as possible utilize the current road RoW; this has enabled the project to minimize impact to local population and their assets.

4.0 Organization and Responsibility

4.1 RAP implementation Organizations and Institutions A number of organizations and institutions will be involved with development and implementation process of RAP at different levels as discussed in the following sections;

(i) Tanzania National Roads Agency (TANROADS)

As soon as the RAP is cleared and finalized, TANROADS will formally disclose it in the country and among the affected people. For this purpose, TANROADS will organize sessions for the affected PAPs and community at large. The sessions will be chaired by the RAP specialist from TANROADS and attended by the Ilala Municipal Council and Ward / Mtaa Government representatives. Adequate display materials will be utilized. TANROADS will sensitize the PAPs and vendors on alternative business to improve their living. (ii) The Ministry of Finance and Planning through TANROADS

The Ministry of Finance and Planning through TANROADS will disburse the compensation funds to TANROADS Regional office to pay the PAPs and Public Institutions eligible for compensation. After compensation, the communities will be given at least three months for resettlement. TANROADS will then authorize the Contractor to start demolition works.

(ii) Ministry of Lands, Housing and Human Settlements Development

The Ministry of Lands and Human Settlements is responsible for policy, regulation and coordination of matters pertaining to land in Tanzania. The Ministry administers the various Land Acts: Land Acquisition Act, the Land Act and the Village Land Act. Land use planning, management and land delivery activities are conducted by the Ministry.

The Commissioner of Lands administers most issues dealing with land allocation, acquisition, and registration and land management. All instances of acquisition of land for public purposes and the need for resettlement and/or compensation must be referred to the Commissioner with regard to this RAP. The Ministry of Lands and Human settlement will be responsible in making sure that the amount of money paid to the PAPs is equivalent to the value of affected properties and signing of valuation reports.

(iii) Ilala Municipal Council The Local Government (Ilala Municipal Council) in collaboration with TANROADS will dispatch the dislocation notices to the concerned PAPs in Gongo la Mboto and along the Nyerere road whose land and properties will be affected by the project.

(iv) Ward and Mtaa Level The local Government system in Tanzania is based on the Decentralization Policy and is enshrined in the Local Government (District Authorities) Act No.7, 1982, the Local Government (Urban Authorities) Act No. 8, 1982, and the Regional Administration Act (1997).Local Government at Mtaa and Ward will be main focal points of the whole RAP implementation activities. This includes identification of PAPs as they are the ones who are familiar with them as well as familiar with the actual loss of the PAPs. The leaders of these authorities are the representative of the local government at their respective levels. Any complaints from the Project Affected People will be presented to the Mtaa office to be discussed in the Mtaa Grievance Redress Committee (GRM). If not resolved, the MGRC will forward the complaint to the District Grievance Redress Committee for further action.

(v) Independent local NGO A local independent NGO will be hired to assist in raising public awareness on resettlement and facilitate local community participation in RAP implementation. This NGO will be involved to witness the fairness and appropriateness of the whole process. It will also be involved in the monitoring of the resettlement process, establishing direct communication with the affected population and community leaders. Moreover the local NGO will be involved in support of affected community in Grievance Redress and Resettlement committee respectively. Table 9, shows the Institutional roles and responsibilities in RAP implementation.

Table 9: Institutional roles and responsibilities in RAP implementation

Name of institution Roles and responsibilities

TANROADS  Disclosing of RAP to the community after its preparation.  Organize sessions for the affected PAPs and community at large  Authorize the Contractor to start demolition works.  Dispatch the dislocation notices to the concerned PAPs at Gongo la Mboto and along Nyerere road  Liaise different government institution in RAP implementation Ministry of Finance and Planning  disburse the compensation funds to TANROADS Regional office to pay the PAPs and Public Institutions eligible for compensation. Ministry of Lands, Housing and Human  Responsible in making sure that the Settlement Development amount of money paid to the PAPs is equivalent to the value of affected properties  Signing of valuation reports.  Administers the various Land Acts  Deals with land allocation, acquisition, and registration and land management Ward and Mtaa Level  Administrator at the local level  Identification of PAPs as they are the ones who are familiar with them  Receive and file grievances from the grieved affected party (PAP).  Hears and rules grievances through Mtaa Grievance Redress Committee (MGR)  Forwards unresolved grievances to District Grievance Redress Committee (DGRC) Ilala Municipal Council (Ilala District)  Dispatch the dislocation notices to the concerned affected PAPs District Grievance Redress Committee  To assist vendors to access new market (DGRC) areas for their businesses.  Receives unresolved grievances from MGRC  Hears and rules unresolved grievances forwarded from Mtaa Grievance Redress Committee (MGRC)

 Forwards unresolved grievances to appropriate Court. Independent local NGO  To raise public awareness on resettlement process  To facilitate local community participation in RAP implementation.  Member of Grievance Redress committee to help PAPs on technical issues and create awareness on various matters.

(vii) Inter-Agency Coordination

The RAP activities and process require inter-Agency coordination among and between different institutions, Agencies and Organizations. The Ministry of Works, Transport and Communication will oversee that the Government Policies and regulations related to road development and its related Acts are in place. TANROADS as a project owner has a responsibility of coordinating the project activities including monitoring and evaluation of the project implementation. The Agency will hire a local NGO to assist in raising public awareness on resettlement and facilitate local community participation in RAP implementation on its behalf. However TANROADS has to monitor the activities of the hired NGO. The Agency has to liaise with other Government Institutions at different levels during Project Implementation. These include the local governments, Ministry of Lands, Housing and Human Settlement Development as well as the Ward and Mtaa Government.

Three sub-committees shall be formed in implementing RAP and these are:  Resettlement committee  Compensation committee  Grievances Redress committee

The Committees composition and responsibilities are outlined in Table 10;

Table 10: Committees and responsibilities for RAP implementation

UNIT RESPONSIBILITIES MEMBERS Resettlement Committee  Oversight management  Mayor (Chair) and coordination of RAP  Representative of implementation activities TANROADS and teams  Representative of Lands,  Liaison with Housing and Urban municipalities, districts, Development. government agencies and  Representative of a Local other stakeholders NGO  Review of periodic  Four representatives of progress report in PAPs (One from PAPs accordance with RAP with structures, One from guidelines business tenants, one from deceased relatives and One from residential tenants  Representative from Local community  Representatives from Gongo la Mboto ward and Mtaa and Ukonga (Mwembe Madafu) Compensation Committee  Coordinate management of  Mayor (Chair) compensation process  Representative of  Ensure compensation is TANROADS consistent with RAP  Representative of Ministry guidelines of Lands, Housing and Urban Development.  Valuer  Four representatives of PAPs (One from PAPs with structures, One from business tenants, one from deceased relatives and One from residential tenants) Grievance Redress Committee  Address entitlement issues  Mayor (Chair) and other disputes and  Representative of concerns among PAPs and TANROADS other stakeholders  Representative of Ministry  Advice PAPs and other of Lands, Housing and stakeholders on redress Human Settlement mechanisms which cannot

be resolved Development.  Liaise with other  Valuer authorities and  Four representatives of Resettlement Committee PAPs (One from PAPs with structures, One from business tenants, one from deceased relatives and One from residential tenants  Representative of a Local NGO

4.2 RAP updating and management of Issues Given the fact that the initial RAP was prepared two years ago, in 2014, it is likely that new issues in relation to resettlement plan may arise. Before the implementation of the project, TANROADS will ensure that the RAP is reviewed and updated. The review process will include validation and/or conduct of tagging, census, socioeconomic and property surveys if additional households and assets are identified to be affected in case of any changes in the design of the Project as compared to the existing design or presence of any unforeseen impacts. Further, other aspects of the RAP update will include properties that have changed hands, new structures if any, etc. These will be confirmed through verification meetings with both communities and their leaders commonly known as barazas as well as with Municipal Councils that approve the building or extension of structures in Dar es Salaam.

The process of updating the RAP, will involve meetings with PAPs to address specific planning issues during the Draft RAP disclosure period and prior to finalization of the RAP and individual agreements in relation to the valuation report and compensation schedule. Subsequent to the finalization of the RAP and signing of individual agreements, TANROADS will continue to consult with the PAPs. Regular community meetings will be held providing updates and responding to questions and issues regarding RAP implementation – on a monthly basis up to six months after displacement.

In addition to the formal meetings described above, grievance redress mechanism will used as means to address some of the issues might arise in the course of RAP implementation. TANROADS personnel, particularly, the committee member in the RAP implementation will be

working closely with the Mtaa and Ward leaders to ensure that PAPs concerns and issues regardless of their new location are properly and timely managed. 4.3 Identification of PAPs representatives As mentioned in Table 10, there will be four PAP representatives in the resettlement committee to ensure that their views and opinion in relation to the resettlement process are represented to responsible authority. In order to get the representative, under the guidance of TANROADS, a PAPs meeting will be called to choose their representatives who will be capable of representing the PAPs. In the process of identifying the representative the issue of gender should be considered to ensure there is a balance in the representation in terms of gender, and age group

5.0 Public Consultative and Participatory Meetings

Effective resettlement planning requires regular consultation with a wide range of project stakeholders. Broadly defined, stakeholders include any individual or group affected by, the project, either positively or negatively including the host community. The overall goal of the consultation process was to disseminate project information and to incorporate the views of various stakeholders in the project design, implementation; mitigation measures, management plan and Resettlement Action Plan. The first phase of consultative meetings was done within 2014 involving the head of affected households and their tenants. The second consultative meetings intended for vendors were conducted between 10th January to 20th February and 13th August, 2016; the consultation involved 313 people including 65 leaders at different levels and about 261 vendors who were doing different businesses along the proposed project. Refer Table 1 in Chapter One under Public Consultation.

Public consultation ensured that various groups’ views are adequately taken into consideration in the decision making process. Consultation with the stakeholders aimed at positively conveying information about the planned project development, clear up misunderstandings, allow a better understanding of relevant issues and how they will be dealt with, and identify and deal with areas which are controversial while the project is still in its design stage. The consultation process will continue at different stage of RAP implementation to ensure that all PAPs are well informed about the development of project and its implementation.

5.1 Objective of Public participation and Consultation The objectives of public participation and consultation were: i. To ensure transparency in all activities related to the resettlement and its potential impacts; ii. To share fully the information about the proposed project, its components and activities; iii. To obtain information about the needs and priorities of the various stakeholders, as well as information about their reactions; iv. To improve project design and, thereby, minimize conflicts and delays in implementation in relation to resettlement;

v. To involve public at large together with their responsible institutions and organizations in the project design and planning; vi. Information dissemination to the people about the project and resettlement; and vii. Understanding perceptions of local people towards the project

5.2 Identification of Stakeholders for Consultation A mentioned above, the first site visits were carried out in 2014 in gathering adequate information on the site issues related to the Resettlement Action Plan, identification of spatial boundaries and pre identification of all stakeholders who will be affected by the project. The following stakeholders were identified and consulted:

(1) Institutional stakeholders: Institutional stakeholders were defined as decisions that might affect the proposed development project. These are: (2) Ministries i. Ministry of Works, Transport and Communication ii. Lands, Housing and Human Settlement Development iii. Water and Irrigation (3) Local governments i. Dar es Salaam City Council (DCC); ii. Ilala Municipal Council (KMC); iii. Ward Executive Officers in the respective project affected wards iv. Mtaa government officials in the respective project affected Mtaas (4) Others i. Tanzania National Roads Agency (TANROADS) ii. Dar es Salaam Water and Sewerage Authority (DAWASA) iii. Dar es Salaam Water and Sewerage Corporation (DAWASCO) iv. Tanzania National Electric Supply Company (TANESCO) v. Tanzania Communications Regulatory Authority (TCRA) vi. Tanzania Telecommunications Company Limited (TTCL) vii. Mwembe Madafu Development Organization (MMDO)

(5) Individual stakeholders: Individual stakeholders referred to those owning, living or working within the immediate impact area that will experience the highest level of impacts resulting from project implementation. They include: i. Affected Households within the project area ii. Affected business tenants iii. Affected residential tenants iv. Mobile vendors v. Kiosks Owners vi. Affected institutions vii. Fruit vendors viii. Second hand clothing owners ix. Food vendors x. Newspaper vendors xi. Shoe shiners xii. Seedlings Owners

5.3 Methods of stakeholder participation Stakeholder’s interviews and consultations were the main methods followed during the process of this Resettlement Action Plan. The team involved the key identified stakeholders in order to generate issues of concern in relation to project implementation. In respect of the intended project activities, the stakeholders that were consulted raised concerns on a number of issues that need attention. Concerns raised vary from one type of stakeholders to another (from Ministerial and Municipal officials to Wards/Sub-wards concerns). Some of the issues raised were:

i. Land acquisition ii. Availability of space for doing business (mobile vendors) iii. There is a need for planned new markets that will be able to accommodate all vendors. iv. Loss of livelihood for mobile vendors v. Land and property compensation vi. Employment vii. Loss of tenant’s business

viii. Time of project implementation ix. Cost for relocation of utilities x. Space for relocation of utilities 5.3.1 Notification to stakeholders

Stakeholders were notified prior meeting with them. Notifications were through use of letters, telephone communication and physical visit.

5.3.2 Head of household interviews

The socio-economic survey in this RAP covered a total of 265 PAPs. These include 123 house owners, 19 residential tenants 123 sampled street vendors. Although street vendors have been included in this RAP, they are not eligible for compensation, however, since their livelihood will be affected by the proposed project; there is a need to assist the vendors to get new places where they can conduct their businesses according to their preferences. In to understand the street vendor’s socio-economic characteristics, their concerns, views and preferences, a separate social survey of mobile vendors has been undertaken and appears as a subsection in this chapter.

5.3.3 Official meetings with Ward/Mtaa leaders

As shown in Table 1, the Ward and Mtaa public meetings were conducted using checklist. Mtaa officials including Chairperson, Mtaa executive Officer (MEO) and committee members were invited and participated effectively.

5.3.4 Meetings with Municipal officials

The Ilala Municipal Council officials were notified and consulted. Checklist and open discussion were applied during meeting with them.

5.3.5 Consultations with other relevant stakeholders

Other relevant stakeholders included TANROADS, DAWASA, DAWASCO, and relevant ministries such as Ministry of Water, Ministry of Lands, Housing and Human Settlements Development. The RAP team visited these stakeholders and undertook open discussion guided by checklist in order to capture adequate information. Stakeholder’s views and concerns are shown in Table 11.

Table 11: Stakeholder's views and concerns

Concerns and Views Remarks

01 Through past experience compensation PAPs will be compensated fairly according has made affected people to become to current plots price and on time without poor because of little compensation and unnecessary delays. bureaucracy of getting the money. For example residents of Kipawa during expansion of airport.

02 Employment (Labourers): The Employment opportunities should only be contractor should give the priority of provided to those people aged l8 years and employment to the people residing above. However employment is competitive nearby along the project site during the so youth should organize themselves with the construction. The communities may be assistance from ward and Mtaa authority to involved in some activities as labourers penetrate in labour market. during construction phase.

03 Compensation should be done in time Since the compensation has been delayed, not more than six months after valuation the compensation schedule will be updated to of people’s properties. At the present, take into account the current land value and tenants are reluctant in paying rent for a construction materials. In case there is fall in long period for fear of being evacuated the land value, the value in the initial from the houses. Our development plans compensation schedule will be maintained. which depend on rents are at risk if the This will also be applied to compensation of payments will delay. trees. For example, for trees which were graded as 10 percent will be given a different rate in order to accommodate the current rate of growth.

No works will start prior to the full payment of compensation to the PAPs and provision

of relevant assistance.

Tenants should not worry because they have their package too. If he/she leaves your house he/she will lose the allowances. Land lords will get the loss of interest for 36 months from the cut-off date.

04 Mitaa governments in collaboration The Municipal Council is responsible for with the Ilala Municipal Council and locating new plots to PAPs and PAPs will TANROADS should be involved to purchase them after receiving their assist the PAPs in acquiring the land for compensation. construction

05 The project will facilitate Municipal The recommendation is acceptable. Ward economic growth. Gongo la Mboto Executive officer should consult Municipal ward should be assisted by the council for guidance on planning of new government in planning (e.g. Land use settlements in the area. and plot surveying) in order to curb/cut limit/control unplanned growth of settlements and avoid resettlement.

06 There will be the environmental The environment should be restored as per degradation during bus terminal and requirement of EIA Guidelines and depot construction. Many trees will be Regulations of 2005. During construction destructed. Special attention should be trees shall only be uprooted when it is paid to replace them absolutely necessary in which case the contractor shall seek permission to do so from the Consultant.

07 There will be spread of HIV/AIDS and The contractor should implement HIV/AIDS other sexually transmitted infections if program. Also, religious leaders have a role thorough measures are not taken by to build the moral behaviour amongst their

households, ward and Municipal in followers. The contractor is required to waging a campaign against spread conduct relevant awareness seminars and /prevalence of HIV when PAPs are campaigns through Ward committees for having disposable money from health on HIV/AIDS during construction compensation. Secondly PAPs should phase. On proper spend of compensation be educated on the usage of money, the municipal council will arrange compensation money otherwise people seminars and meetings with PAPs to provide will squander them and fail to build guidance and arrange follow-up mechanism another house. to all PAPs to make sure every sent is spent as planned.

08 Dust problems and noise is likely to The contractor is responsible to sprinkle occur due to construction of road, depot water during the construction process and and bus terminal. This will be source of lubricate machines as per requirement of coughing, chest pain and influenza to ESMP. the living and doing business close to the construction site.

09 Tenants doing business in the affected Cash compensation allowances for houses in the project area, wanted to disturbances, loss of profit for business know if they will be considered for tenants and transport will be provided. compensation? 10 Some people wanted to know if the Compensation for affected graves will be grave yards which are in the project done according to Graveyard Removal Act, area will be affected. And if so, will 1969. Some amount of funds will be paid the they be compensated? responsible municipal authority to facilitate removal of graves. 11 Relatives of the deceased insisted that The Graveyard removal will be applied and they should be involved in all process the Ilala Municipal council through the during the removal of graves department of health will be responsible in collaboration with the relatives of the deceased.

12 Some graves in the proposed site cannot The contractor and the Ilala municipal be easily seen because they have been officials who will be responsible for removal there for many years and they were of graves will closely work together with constructed. relatives to ensure that all graves at the proposed sites are identified and removed. 13 There is a possibility of affecting the Based on the current assessment on the other cemetery area near Guluka project area, there is no cemetery that will be kwalala, so it’s necessary for us to visit affected in Guruka Kwalala. the site as to figure out if it really outside the project area.

14 The estimated number of affected Careful assessment will be made at the site to graves on the other identified cemetery ensure that all graves which cannot be easily area at Ukonga Mwembe Madafu may seen are identified. This will achieved by be on the higher side than it is involving the community around the estimated. cemetery

15 Relocation of graves depends on the More consultations with the deceased nature of Cemetery ownership as owned relatives will be done to agree on the best by institutions, community or approach to grave removal in the area. individually owned.

16 As per directives, the municipal pays a The valuation has provided 300,000/- per flat rate compensation which is grave. 100,000Tshs to relatives whose graves will be affected by the project but basing on complains and differences among affected graves made other investors to provide compensation basing on their own valuation, even though others don’t want to be paid at all considering of its sentimental value.

17 The municipal is currently having some Agreement will be made with the deceased cemetery areas for relocation of graves relatives on where the graves will be which is Kitunda Mwanangati and relocated. Pugu.

18 The investor should write a letter to The project proponent will write a request Ilala Municipal Director requesting for letter to Ilala Municipal Council as it is assistance on undertaking graves proposed relocation task, which will be replied back with description of all procedures to be taken and cost associated to cover the whole process.

19 In order to ensure that the deceased Announcement will be made accordingly. relatives are well informed about the removal of graves, publications and announcements on grave removal should made using different media.

20 Facilitations for community meetings The budget for facilitation of grave removal with ward executive directors, relatives is indicated in this report. whose graves has been affected and ward heath officers will be necessary

5.3.6 Mechanism for Continued Consultation

The consultation will be continued in the implementation stage. Several additional rounds of consultations with the PAPs will be done through NGO involvement during RAP implementation team. These consultations will involve seeking consensus on compensation and assistances. The other round of consultation will occur when compensation and assistance is provided and actual resettlement begins. The following set of activities will be pursued for effective implementation of RAP:

 Verification and updating of PAP records;

 Calculation of compensation for lost assets and assistances as per the entitlement package and informing the PAPs the same. The NGO will organize public meetings to inform the community about the payment and assistance paid to the community. Regular update of the program of resettlement component of the project will be placed for public display at affected site  Involvement of vulnerable groups during the project implementation process to ensure their participation and addresses of their needs.  The NGOs involved in the implementation of RAP will organize Public meetings, and appraise the communities about the progress in the implementation of project works.

6.0 Socio-Economic Profile of the Affected Population

The socio-economic profile of the likely Project Affected Households has been prepared based on the data generated by the primary survey conducted in August 2013. The information was collected by administering the census and socio-economic survey questionnaire to the head of the household or any other adult member of the household. The outcome of this survey provided an insight in to the socio-economic condition of these PAHs, their priorities, expectations and apprehensions. The objectives of the census survey were to prepare the list of the project affected households and also assess the extent of impacts. The survey was conducted by engaging a team of surveyors recruited locally. The second phase of socio-economic survey was undertaken from 10th January to 13th August at different interval with a focus to street vendors and other PAPs that were not covered in the original survey.

6.1 Objective of Census and Socio-economic Survey The census and socio-economic survey for PAPs is important for the planning of resettlement. The census and survey assist to know the social structures of the population and their distribution to inform resettlement planning. The main objective of conducting census and socio-economic studies includes:

i. Collection of census data to identify PAPs on the individual and household levels ii. Collection of census data to identify vulnerable and severely affected PAPs

iii. Identification of stakeholders; identify impacts of the proposed project area especially on the livelihood of the PAPs (i.e. properties, structures, income etc.) iv. Identification of any concerns of PAPs v. Identify the resettlement preferences of the PAPs

6.2 Demographic Characteristics of the Project Affected Households A total of 2,497 Project Affected People will be affected by the proposed development. The project affected people comprises of 247 head of households, 992 family members, 244 tenants head of households and 977 family members of the tenants as well as 37 commercial tenants as individual PAPs.. The average family size of the project affected households works out to be 4.4. The recorded PAPs average household’s size is relatively higher than the district average household’s size 0f 4.0.

6.2.1 Age of respondents

The largest percentage of respondents falls within the age bracket of 20 – 40 (38.7%), 41-60 (50%) and those who are in the age group of above 60 years of age accounts for 11.3% of the respondents

6.2.2 Gender of respondents

The assessment of gender shows that out of the total respondent of 69.7%, are males and the remaining 30.3% are females. Based on local traditions in various parts of the country, men are considered to be the heads of households.

Source: Filed Survey, 2014

This implies that, decisions (on well-being of individual members, ownership, use and management of resources) at household level are made by men with little or no input from women. 6.2.3 Marital Status of respondents As per socio-economic survey among adult population, 142 (77.2%) persons are married while 7 (5.1%) persons are single and 23 (16.2%) are widows while those who have separated accounts for 1 (0.7%). The presence of widows means that more measures will be required to address the issue of vulnerable people in the project area. The Marital status of PAPs is presented in Figure 4

Figure 3: Percent distribution of head of household's marital status As per the findings of the socio-economic survey, 100% project affected households are from Guruka Kwalala mtaa in Gongo la Mboto ward where the bus terminal and depot will be constructed.

6.2.4 Education of PAPs respondents

Most head of household in the project area have formal education with 52.8% of head of household having undertaken primary education, 20.4% secondary education and 8.5% having university education while 9.2% do not have any formal education. 6.3% of PAPs who are primary school dropout and 2.8 are secondary school dropout.

6.2.5 Economic Activities of the PAPs

Data on economic activities of PAPs show that most of the PAPs depend on business (19.7%) and petty business (26%) as their primary economic activities. Other PAPs primary economic activities include wage employment (21.8%), casual labour (20.4%), farming (9.9%), Fishing (0.7%) and livestock keeping (1.4%). Table 12summarizes data of PAPs primary economic activities: Table 12: Head of household's primary economic activities Economic Frequency Percent Farming 14 9.9 Livestock keeping 2 1.4 Fishing 1 0.8 Waged employment 31 21.8 Business 28 19.7 Petty trading 37 26.0 Casual labourer 29 20.4 Total 142 100.0 Source: Household survey at Gongo la Mboto ward, 2014

6.2.6 Source and Average monthly income of the PAPs

As it shown in Table 10, the most common major source of income in the project area was running petty trade and business accounting for 45.7% of affected people. PAPs who depends on wage employment constitutes about 22.0% of the PAPs followed by casual labour, urban farming and fishing. The PAPs average monthly income was difficult item to assess because many people do not keep records of what they get from their major sources. Furthermore, other PAPs were not willing to disclose what exactly they are getting from their business or any activities. However, some of the PAPs who responded to the question indicated that the average

monthly income generated from the major occupations varied widely between Tshs. 100,000- 900,000 per month. The medium to high income households that earn through self-employment either in operating small shops, restaurants or rent houses have an income ranging from 500,000 to 900,000/- constitute about 18% of the PAPs. The findings further, indicated that low income earners which form the larger part of the PAPs (48%) earn , between Tshs 100, 000 and 199,000/=. In addition 16.2% earn between Tshs 800,001-1,000,000 per month through wage employment and operating a business, while 17.6% received above Tshs 1,000,000 per month most from a combination of economic activities (shops, rentals, bars, café shops and wage employment). It can therefore be concluded that the majority of interviewed households in the study areas are low income earners and obtained their money from small business, casual labour and urban agriculture, compared with the few who depend on wage employment and a combination of economic activities. 6.2.7 Availability and Distance to Social services

There are number of social services within and around affected area. These include source of drinking water, waste management facilities, health services, schools and other public utilities. Other services include shops that are within a range of 200meters from PAPs houses, markets at an average of 1000meters from PAPs houses, primary schools at an average of 1000 meters from PAPs houses, secondary schools at an average of 2500meters, health facilities at 2000 meters and police posts and stations as well as bus stations at an average of 300 meters from PAPs households. PAPs that will have to be relocated are concerned if they will be able to relocate at an area that is close to most important social services.

6.2.8 Types and Size of Impacted House Structures

The types of houses found in most of urban areas in Tanzania are similar to those found in the project affected area. Most of the houses are modern built with cement floor, corrugated iron sheets and cement blocks. In Gongo la mboto ward 90% of PAPs houses consist of cement floors, 4.9% with mud floors and 13.4% tiles floor. 96.5% of the houses have corrugated iron sheets, 2.1% have tin and metal roof, while only 1.4% are of concrete. Most of the houses owned by PAPs consist 95.8% have cement blocks walls

2.8% have poles and mud and 1.4 have walls made of interlocking blocks. The variation in type of construction materials will imply variations in the compensation rates that PAPs will receive. Number of rooms in PAPs houses varies with most of the PAPs houses comprises of 6 rooms (16.2%), 5 rooms (18.3%) and 2 rooms (9.2%). Other PAPs houses have 3 rooms (12%), 8 rooms (9.9%), 4 rooms (13.4%), 7 rooms (7%), 9 rooms (0.7%), 10 rooms (2.8%), 11 and 14 room (0.7%) each, 12 rooms (1.4%) and 15 (2.8%) each as shown in Table 13. It is anticipated that the valuation will calculate loss of accommodation rate depending on number of rooms of each house that will be relocated.

Table 13: The number of rooms owned by PAPs Number of Rooms Frequency Percentage 1 5 3.5 2 13 9.2 3 19 13.4 4 19 13.4 5 26 18.3 6 23 16.2 7 10 7.0 8 14 9.9 9 01 0.7 10 04 2.8 11 01 0.7 12 02 1.4 14 01 0.7 15 04 2.8 Total 142 100.0 Source: Household survey at Gongo la Mboto ward, 2014

6.2.9 Social Services in the Project Area

There are number of social services within Ilala Municipal. These include health services, water, schools and security and safety services. Education services are also available in the municipal and they include primary schools, secondary schools, and tertiary institutions including vocational training centres and university colleges. There are 158 primary schools of which 105 are government owned and 53 are private owned. There are also 91 secondary schools out of them 49 are government owned and 42 are

private owned. The municipal also has 3 teachers’ training collages and number of other tertiary institutions. There are also several number of health facilities which are available in Ilala Municipal. These include 9 hospitals and 197 dispensaries. Residents of Ilala obtained water from various sources including water from Dar es Salaam Water and Sanitation authority as well as boreholes, shallow wells and deep wells found in various parts of the municipal. Solid waste management services are also available in the Municipal. Waste is collected on site by contracted private companies and Community Based Organizations and transferred to the designated transfer station and dumping sites. Solid waste generated in the Municipal composes of household, market, commercial, institution and street waste.

The area also comprises of various economic activities that include factories, manufacturing industries, petty business, wholesale business. Other important services are also available within the area that includes grave yards, social infrastructures and utilities such as water, and electricity, telephone lines, pedestrians’ sidewalk, ATMs, transport services and filling stations.

6.2.10 Vulnerable Groups or Persons requiring Special Provisions

Among household/community members are people regarded as vulnerable due to their inability to perform or meet their basic needs and require special treatment. These individuals will need support during and after the relocation process to enable them, maintain/improve their livelihoods or at least restore their livelihood to their pre-project conditions. The survey identified 89 people categorized as vulnerable; these constitute 55 female headed households, 10 elders, 4 persons who are disabled, 1 person with chronic disease, 3 orphans and 16 windows as shown in Table 14. These are the people who will need special attention and assistance during RAP implementation.

Table 14: Number and type of vulnerable PAPs Head's vulnerability Frequency Percentage Widow 16 17.9 Orphan 03 3.4 Elderly 10 11.3 Disabled 04 4.5 Chronic Disease 01 1.1 Female headed households 55 61.8 Total 89 100.0 Source: Household survey, 2014

6.2.11 Willingness to relocate

During the public meetings and individual consultations all affected households by the project declared their willingness to relocate should they receive prompt and fairly compensation. Most of the Households interviewed indicated their preference of relocating to a site of their choice. They emphasised that the amount to be compensated should enable them to buy land in other areas to enable them establish new settlements. When they were required to provide their views on the possibility for the Ilala Municipal Council to find alternative land where they could be relocated, the PAPs were against the proposal by arguing that most of the alternative land currently, developed by the s Municipal council are located away from the areas they are used to do their businesses. Therefore assistance for the relocation process will be provided to vulnerable PAPs: further relocation assistance is provided as part of the PAPs entitlements (i.e. accommodation, disturbance and transport allowances). 6.3 Socio-economic Characteristics of Mobile Vendors 6.3.1 Introduction

Street vending is an old practice in cities all over the world. The key players are the economically disadvantaged persons such as new migrants, the poor, lowly educated, individuals searching for jobs, and those disadvantaged in different ways are also included in the margins. Street vending serve as a supplementary activity where, individuals in the formal sector employ it as copping strategies to address adverse effects of inflation or raise money for a planned activity. Street vending has grown tremendously in Dar es Salaam and it is one of the leading employers. This is because street vending appeals as

a quick measure to address immediate financial needs of those who do not have access to formal employment and/or are waiting for opportunities to rise. The role of street vending in the economic health of the city is well known by city authorities and the residents as well.

The proposed road development along Nyerere road, Mandela road (between Tazara and Buguruni) and Uhuru road will have significant impacts to vendors especially at Gongo la Mboto, Mnyamani and Buguruni. This section provides an assessment of the demographic and socio-economic characteristics of vendors. It also explores how the vendors will be impacted and provides suggestions to minimize the negative impacts of the project to vendors. In this section, socio-demographic and economic profiles of the vendors based on primary data have been explained.

6.3.2 Demographic and Social Profile of Mobile Vendors

Street vending in the project area is mainly dominated by males as shown in Table 15. The result of this study shows that around 66 percent of the vendors is men vendors and about 34 percent is women. In context of age, there are about 65.8 percent of vendors at the age group of 20 – 29. About 5 percent are at the age group of 15 – 19 and out of total sample, around 4.0 percent falls at the age group of 40 – 44. This clearly indicate that the majority of street vendors are youths who could adversely affected by the project once they will be removed along the road. In terms of education level, the majority 82.9 of street vendors along the proposed project have at least attending primary schools while the rest have not attended any schooling.

The assessment of street vendors marital status as shown in Figure 4, have shown that more than half (51.2) percent are married while 37.4 are single, followed by widowed with 4.1 percent and divorced which account for 7.3 of the sampled vendors.

Figure 4: Percent distribution of vendor's head of household's marital status Source: Field Survey, 2016.

The average household size of the vendors stood at 5.6. This analysis shows that most of the vendors are highly dependent by their families as the key bread winners for the households.

Table 15: Demographic and social profile of vendors Indicators Variable Frequency Percentage Sex Male 81 65.9 Female 42 34.1 Total 123 100.0 Age 15 - 19 06 4.9 20 – 24 48 39.0 25 - 29 33 26.8 30 – 34 16 13.0 35 - 39 15 12.2 40 - 44 05 4.1 Total 123 100.0 Education level No schooling 21 17.1 Primary school 102 82.9 Total 123 100.0 Marital status Married 63 51.2 Single 46 37.4 Widowed 05 4.1 Divorced 09 7.3 Total 123 100.0 Vendors place of business Gongo la Mboto 55 44.7 Ukonga 29 23.6 Buguruni 20 16.3 Mnyamani 19 15.4 Total 123 100.0 Vending duration 1-6 month 7 5.7 6-12 month 9 7.3 more than 1 107 87.0 year Total 123 100.0 Vulnerable household’s None 97 78.9 members Female headed 6 4.9 family Elderly 5 4.1 Orphan 3 2.4 chronic disease 12 9.8 Total 123 100.0 Source: Field Survey, 2016

6.3.3 Vendors Trading Sites and Structures for Displaying Goods.

Vendor’s trade and service provision in Dar es Salaam occur in different parts of streets and roads. Most vendors locate themselves at strategic points with heavy human traffic, while others walk from one place to the other. They locate themselves along main roads and streets, near shopping centres or at corners where they can be seen by pedestrians and motorists. While the city authorities view vending sites as temporary, the vendors view them as permanent. Vending activities in the project area is undertaken in four main centres namely, Gongo la Mboto, Ukonga, Mnyamani and Buguruni areas. The Gongo la Mboto centre is estimated to have about 600 vendors, the Ukonga centre has about 800 vendors, the Mnyamani vendors are estimated to be 350 and the Buguruni centre including, vendors outside the Buguruni market has about 1200 vendors.

Most street vendors in the project area have no tenure for the sites they use, and hence the temporary nature of the structures and display tools they use. Vendors use different structures, including tables, racks, wheel burrows, handcarts, and bicycle seats to display their goods. Others display their goods on the ground over a mat or gunny bag, while others simply carry their commodities on their hands, heads and shoulders. There are also those that hang their goods such as clothes on walls, trees, fences and an advanced group that construct a mixture of permanent, semi-permanent and temporal structures made by different materials as shown in Table 16. Table 16: Materials for vendor's structures

Type of walls Type of roofs Frequency Percent Frequency Percent

No wall 101 82.1 No Roof 85 69.1

Wooden Tin and 21 17.1 7 5.7 poles metal sheet

Metal poles 1 0.8 Thatches 5 4.1

Umbrella 26 21.1

Total 123 100.0 Total 123 100.0

Source: Field survey, 2016

6.3.4 Vending activities and Commodities

There are slight variations in the goods and services provided by vendors along the proposed project. However, based on the field survey, vendors are involved in the provision of services and selling of variety of commodities. The services provided by vendors include transport, shoe polishing, transport, hairdressing, photography, commercial pay phone services, barbering, mechanical repairs, music recording and accessories, designing, manufacturing and all types of repair work including garment, shoes, watch and clock repairs among others. In terms of commodities, various types of commodities are sold ranging from food stuff, both fresh and processed, largely dominated by women, fabrics/clothes, shoes, cosmetics, flowers, traditional herbs, craft/artwork/pottery, kitchen ware, plastic products, hardware, electrical appliances and general merchandise such as office stationary, school supplies, books, sweets, brooms and newspapers among others. Some of the activities and commodities sold by vendors are shown in Photo 3.

Photo 3: Some of the vendor's activities and commodities at Gongo la Mboto Source: Field survey, 2016

6.3.5 Vendor’s Level of Income per month

The earning of street vendors depends on the products they sell, and it deviates from trade to trade, location to location, the volume of trade and terms of trade. Figure 5 shows that around 20.3 percent vendors’ per month income are between Tshs. 50,000 to 100,000 while 25.2 percent vendors’ per month income fall around 110,000-150,000. It is seen that some of the vendors’ income (18.7) percent is quite high compared to the government low wage salary rate of 150,000/- per month. Interestingly, it is noticed from the data that income of second hand cloth vendors, vendors those who are selling second hand bags deviates from fruits, food items and vegetable vendors.

Figure 5: Percent distribution of Vendor's level of income Source: Field Survey 2016

6.3.6 Vendors Source of Capital and Indebtedness

A lack of capital is the main hindrance in setting up the vending business. In the absence of adequate and sufficient source of fund, vendors are unable to maintain the level of stock and in this process they lose customers and are also unable to meet their own daily needs. The assessment of street vendors along the proposed development have shown that most of the vendors have no access to formal finance, and largely rely on their own savings, and finances from friends and relatives. In cases where they have organized into groups or as individuals they are able to pool their resources through Savings Associations Cooperatives Societies and some formal Micro Financial Institutions such as PRIDE. However, the main challenges with the formal Micro Financial Institutions are related to their requirements and high interest rates which have discouraged many vendors to acquire loans and sometimes for those who have managed to acquire credit fall into debt trap due to high indebtedness which have resulted to confiscation of their properties.

6.3.7 Working Conditions and Conflicts of Street Vendors

Currently, street vending in the city of Dar es Salaam, particularly along the proposed project is highly vulnerable. Demolition notices and orders to vacate unsanctioned vending areas are not only common cum frequent, but they are executed in many times and sometimes even before the vendors are informed about their vacation. In addition, it was observed that most of the street vendors are vulnerability to diseases and poor health conditions because they work in poor areas with limited basic health and welfare services and social protection. They also work in an unhealthy and unsafe working environment.

Street vendors are also exposed to conflicts among themselves, with urban authorities and with formal traders. During the survey in was noted that in some cases vendors themselves are in conflicts on the space for doing their business especially when one vendor occupy a space which is being used by another vendor. Such kind of conflict is managed the leaders among themselves, however, in case the conflict is not resolved; the Mtaa leaders can be involved in the resolutions. The City authorities have been also in conflicts with street vendors on the ground that, vendors are doing their business in road reserves and areas which are not designated for such activities. As a result, there are many cases wherein vendors are evicted in their work place in the name of

beautification of the city Formal traders, particularly, those who owned big shops especially in Buguruni area have been in conflict with street vendors due to the fact that their vending activities prevent access of customers to their shops. Such kind of conflict has left the vendors moving from one place to another without having a specific and permanent place for their activities.

6.3.8 The Preferences of Mobile vendors’ to new markets

The qualitative assessment of street vendor’s preference to new market was undertaken in order to ensure that the livelihood of vendors is not adversely negatively affected during the implementation of the project. The assessment shows that about 75 percent of the interviewed mobile vendors in different working place preferred to have a new permanent place where they can do their activities. Vendors working at Ukonga preferred to have a new market place nearby the bus terminal and depot at Guruka Kwalala. The reasons for choosing the area among others include closeness to their place of residence and potential for customers who will be coming from the City centre and will need different requirements before going to their place of living. The vendors in Gongo la Mboto proposed a construction of new market at Gongo la Mboto area. Based on the discussion with vendors, ward and mtaa leaders, there is an area which was previously identified for the construction of a new market for Ukonga vendors, however, the decision was not implemented because of lack of funds to compensate the owners of land and houses who had already shown interest and willingness to release their areas. The area where the land owners have shown willingness to sell their land for the market construction is located at Ukonga ward at Mwembe Madafu mtaa plot Number 14. The owners of the following plots were ready to sell their land for the market establishment:- i. 14/268 ii. 14/267 iii. 14/264 iv. 14/263 v. 14/262 vi. 14/260 vii. 14/265

The Buguruni and Mnyamani mobile vendors preferred to have a place within the Buguruni market. They proposed an expansion and redesigning of the market by considering vertical extension of the existing market in order to accommodate many traders. Another, alternative market place for the Buguruni and Mnyamani vendors was to be relocated to Tazara market which they believe is not properly used by vendors for which the market was designed too.

6.3.9 Mobile vendors’ awareness about the project

The assessment of vendors’ awareness on the project shows a different levels awareness among the vendors. The level of awareness of the project for Ukonga and Gongo la Mboto is relatively high (86 percent) compared to other areas such as Kipunguni at Banana area (58 percent), Mnyamani (63 percent) and Buguruni (64 percent). The high level of the project awareness at Gongo la Mboto and Ukonga was contributed by the valuation of people’s properties which was undertaken in Guruka Kwalala area where the bus terminal and depot will be constructed. The relatively low level of awareness about the project might be associated by duration which the vendors have stayed in the area before the survey. As it is indicated in Table 13, some reported to have stayed in the vending area for less than six month, meaning that when the project was introduced during the Environmental and Social Impact Assessment, they were not in the current place of working. In addition, lack of awareness could also be associated with vendor’s negligence of not attending the meetings which were organized to introduce the project to the public.

6.3.10 Street Vendors Views and Concerns

The sampled street vendors consulted during the survey had various views and concerns with regard to the proposed development. The details of these views and concerns are provided in Table 17; however, briefly most of the views gathered from the vendors are positive about the project and expect that the project will have a positive impact to the livelihood and economy of the people of Dar es Salaam due to the improved means of transport in the City.

Table 17: Street vendor's views and concerns S/n Views/Concerns Remarks 01 Many mobile vendors wanted to know how the The Government has prepared about Government will assist them to make sure that they 6130 spaces for mobile vendors to continue doing their businesses as it is the source of conduct business in 25 markets as a way their livelihood. of restoration of their livelihood 02 Mobile vendors proposed the expansion of The idea is good; however, it has Buguruni existing market so that it can financial and technical implication accommodate many business person including which may require many stakeholders vendors for implementation. The idea will be communicated to Municipal authority.

03 Street vendors proposed the establishment of new The implementation of the proposal market at Ukonga – banana for the reason that, depends on the availability of land and there is no permanent market from Tazara to the land use plan for Ilala and Temeke Gongo la Mboto. Municipal.

04 Many mobile vendors wanted to know if they will As no.1 be assisted by the Government to find other place to conduct their business 05 Many mobile vendors wanted to know how the As no.1 Government will assist them to make sure that they continue doing their businesses as it is the source of their livelihood. 06 They should be informed of the project will start, TANROADS will be responsible to so that they time to prepare themselves and find an inform the stakeholders through mass alternative place for their business. media the progress of the project before its implementation. 07 What will be the future of Daladala operators if the The phasing out of daladalas, which to current bus station will not be working some extent is already taking place in other routes will be done by way of nonrenewal of SUMATRA licenses

along those routes, which are issued for a maximum of 12 months. Upon expiry of their license affected operators will be offered different daladala routes to operate. While the fast population growth and rapid spreading of suburban neighbourhoods will create sufficient need to absorb most of this freed capacity.

The project will also support the Daladala owners by giving them alternative routes up to the feeder station as well as establish companies, cooperatives, or franchises and feeder routes of BRT phases 3 and 4 will be dedicated to be operated by the transformed Daladala companies or cooperatives. 08 The project good and highly needed because it can The implementation of project and its help to reduce traffic problems in the City completion highly depend on the community support in its preparation and construction 09 There is a need to have new market close to the Land availability is main challenge for proposed bus terminal and deport to enable vendors the proposal to sell their commodities to customers at the bus terminal 10 The proposed feeder station should be located at The idea is difficult to implement due to Tanzania Civil Aviation Authority area, where the reason that the proposed area is not there is enough space to accommodate the feeder appropriate due to security reason and station. the government plan to the area Source: Field Survey, 2016

6.3.11 Relocation of informal Vendors

Street vending varies in term of scale, timing, location, remuneration, workforce and types of goods sold and services provided. It can be a full-time occupation, a part- time occupation, seasonal, or occasional. It can be carried out by one person but can also be carried by larger group of street business. As mentioned in section 6.3.4 most street vendors in Dar es Salaam are mobile in nature relocating from one area to another from time to time. Street vendors may move depending on events in a city, the weather, customers’ location, especially in bus terminals, the time of day, etc. Currently the Ilala Municipal Council has established open market sites that include Kitunda, Gongo la Mboto, Mombasa, Moshi Bar areas some of which are located within the project area. Therefore informal vendors will be moved and operate in those areas.

This will be communicated to the communities along the road during RAP sensitization meetings to be conducted jointly by TANROADS and DART.

7.0 Policy and Legal Framework

7.1 Introduction Currently there is no specific policy as “Resettlement Policy” in Tanzania. However, the resettlement in the country is guided by the National Policies and Laws related to land issues. Also the Ministry of Works, Transport and Communication prepared the Road Sector Compensation and Resettlement Guidelines which are adhered to during the implementation of road projects. Prior to the enactment of a framework legislation to govern land issues in Tanzania, there existed various statutes that dealt with land matters. With such multiplicity of statutes, the responsibility for enforcing them were spread over a number of sectoral institutions ranging from national to local authority level. In 1995, the government of Tanzania developed a national land policy to streamline the system of land administration. For those projects funded by development partners, such as the World Bank, the resettlements are implemented in accordance with the requirements of respective Development Partner.

7.2 Policy Framework The Constitution of the United Republic of Tanzania (1977 as amended) In its preamble provides that Tanzania aims at building a democratic society founded on the principles of freedom, justice, fraternity and concord, in which the Executive is accountable to the Legislature composed of elected members and representatives of the people, and also a Judiciary which is independent and dispenses justice without fear or favour, thereby ensuring that all human rights are preserved and protected. The Constitution provides for legislative supremacy of Parliament and independence of the Judiciary. It also embraces the principles of rule of law, separation of powers and a pluralistic political system.

The Constitution of the United Republic of Tanzania provides for the rights of citizens to own property and protection of the property. Article 24 (1) says: “Every person is entitled to own property and has a right to the protection of his property held in accordance to the law. Sub article (2) prescribe that “it is unlawful for any person to be deprived of property for any purposes without the authority of law, which makes provision for fair and adequate compensation

The National Land Policy (1995)

The National Land Policy (1995) provided that a dual system of tenure, which recognizes both customary and statutory right of occupancy as being equal in law be established. The policy further establishes that the land has value, and that land rights and interests of citizens owning land shall not be taken without due process of law and with full, fair and prompt compensation once land is acquired. In principle the Minister responsible for land matters is the sole authority in land issues. But the policy involves the public and private institutions whose functions are associated with land i.e. local authorities, communities, nongovernmental organizations and community based development organizations to participate and co-operate with the minister at different levels during the implementation of the policy and utilization of land.

The land policy stipulates that all land is public land, vested in the president as a trustee, and that this should be entrenched in the constitutions. According to the policy, administration of village land is vested in the village councils. Village councils have to consent before any alienation of village land is affected. In case of land allocations, village councils shall report to respective village assemblies. To address the problem of multiple land allocation, and its resultant disputes, the Commissioner for Lands, is the delegated sole authority for administration of land. He may appoint officers to administer on behalf.

National Human Settlements Development Policy (2000)

The overall goal of the policy is to promote development of sustainable human settlement and to facilitate provision of adequate affordable shelter to all people, including the poor. The policy outlines a number of objectives including the environmental protection within human settlement and protect natural ecosystem against pollution, degradation and destruction with the aim of attaining sustainable development. The policy recognizes the provision and improvement of service delivery infrastructures like roads for improvement of livelihoods and human settlements. The inadequacy of shelter deliver system to cater for urban population has led to an extensive development of squatters and unplanned settlements.

7.3 The World Bank Involuntary Resettlement Policy (OP 4.12) The World Bank Operational Directive (OD) 4:30 on Involuntary Resettlement and the World Bank Operational Policy (OP) 4.12 on Involuntary Resettlement were consulted while preparing this RAP document.

The main features of the World Bank Operational Directive (OD) 4.30 and World Bank Operational Policy 4.12 that have been accommodated in this RAP include the following: i. Involuntary resettlement should be avoided or minimized where feasible, exploring all viable alternative project designs ii. Where displacement is unavoidable, resettlement plans should be developed.

The Displaced Persons should be: (i) Compensated for their losses at full replacement cost prior to the actual move; (ii) Assisted with the move and supported during the transition period in the resettlement site; (iii) Assisted in their efforts to improve their former living standards, income earning capacity, and production levels, or at least to restore them. Particular attention should be paid to the needs of the poorest groups to be resettled; (iv) Community participation in planning and implementing resettlement should be Encouraged; (v) Re-settlers should be integrated socially and economically into host communities so that adverse impacts on host communities are minimized; and (vi) Land, housing, infrastructure, and other compensation should be provided to the adversely affected population, indigenous groups, ethnic minorities, and pastoralists who may have usufruct or customary rights to the land or other resources taken for the project. The absence of legal title to land by such groups should not be a bar to compensation.

7.4 Legal Framework

Land Act [1999]

Essentially, the land Act, No 4 of 1999 regulates the urban land. For the Tanzania Mainland, the Land Act (1999), Land Regulations of 2001 and government standing Order on expropriation for public utilities prescribes that holders of occupancy rights on land pre-empted for the public works must be compensated and assisted in relocating their assets to the nearest suitable place. Most expropriation disputes, on similar public works, are due to disagreement on the value at which an estate and its improvements are to be compensated. The compulsory resettlement of buildings, farms and businesses premises must ensure at least equal compensation values. Accordingly the expropriated owner must be compensated with a price equal to the value that the “un exhausted improvement” (buildings and infrastructure) would fetch if sold on the open market. That value is defined as the cost of acquiring a similar estate and putting up such improvement as those existing when evaluated .Allowance is made for the age, state of repair and economic obsolescence. According to Tanzania law, the compensation should cover:

(a) Real Property (Buildings) The compensation of real property like building will include:

(i) Market value of the real property (i.e. value of un-exhausted improvement and land) (ii) Accommodation allowance (i.e. market rent of the affected building per month multiplied by 36 months) (iii)Loss of profit allowance which is assessed by establishing net profit per months evidenced by audit accounts multiplied by 36 months (iv) Disturbance allowance which is calculated by the value of the land by average percentage rate of interests offered by commercial banks on 12 months fixed deposits at the time of loss of interests in land (v) Transport allowance that is the actual cost of transporting 12 tons of luggage rail or road (whichever is cheaper) within 20 km from the point of displacement.

Real Estate Compensation Rule

According to the current applicable legislation in Tanzania, land has a value. The land owners with either a title deed or customary ownership must be compensated in cash for losing the land for other development. The government will simply provide the resettled owner with alternative plots of the same size in the nearest suitable location for both residential and business purposes. The resettled individuals have to buy the alternative plot for resettlement.

(b) Farmland Compensation Rule Since the project area is located in the urban area no farmland will be affected. In this regard the farmland compensation rule will not be applicable.

Land Acquisition Act No. 47 of 1967

The Land Acquisition Act of 1967 stipulates the power and the procedures for acquiring land and the required degree of compensation. Section 3 & 4 of the acts provide that, the president may acquire any land for any estate or term provided such land is required for public purposes such as for exclusive government use, general public use, any government scheme, development of social services or commercial development of any kind including declamation. According to Section 5, if the President’s considers the land in a certain locality to be appropriate, it should be examined for possible acquisition by any persons authorized by the Minister, who may do the following: i. Enter upon and survey any land in such locality; ii. Dig or drill under the subsoil; and iii. Clearly, set and mark the boundaries of the land proposed to be required.

The law forbids entrance into any buildings or closed garden attached to dwelling house without first giving three days’ notice. Any damage that results from activities of the authorized person must be compensated. In case of a dispute on the amount of compensation, the Regional Commissioner will make a decision.

Section 6 requires the Minister to give a notice to all interested persons or those claiming to be interested in such land. Section 7 & 8 of the same Act provides for publication of a notice in the gazette to interested persons requiring them to yield up possession of such land and section 9

forbids a party from being compelled to sell or convey part of a house if he is willing to yield the whole house or building in the process of acquisition.

Section 11 (1) provides for compensation by the government to the person whose land is acquired. The president’s, with consent of the person entitled to compensation, and may grant public land not exceeding in value of the land acquired, for an estate not exceeding the state acquired and upon the same terms and condition of the land acquired instead of or in addition to any compensation.

Section 15 (1) state that, where the President, has entered into possession of any land before the compensation has been paid to the person or persons entitled to the same, or before compensation awarded by a decree of the Court in respect of such land has been paid into the Court, as the case may be, the Minister shall pay to such person or persons, in addition to the compensation, interest thereon at the rate of six per centum per annum from the date when possession is taken until such compensation is paid to such person or persons entitled to the same or is paid into the Court.

Compensation Disputes Section 13(1)

This deals with issues where any land is acquired and dispute over compensation arises in any of the following matters:

i. The amount of compensation; ii. The right to acquire the land; iii. The identity of person persons entitled to compensation. iv. The application of section 12 to the Act; v. Any right, privilege or liability conferred or imposed by this Act; and vi. Appointment of compensation between the person entitled to the same and such dispute or the parties concerned do not settle a disagreement within six weeks from the publication of notice that the land is required for public purposes.

According to the section, the Minister or any person claiming interest in land may institute a suit in the court for the determination of dispute.

Urban Planning Act, 2007

The urban Planning Act, 2007, has repealed the Town and Country Planning Act, Cap 378. Under Section 67, the Urban Planning Act, 2007, states that, compensation shall be paid as provided under the Land Act, Cap 113 and Village Land Act, Cap 114.

Section 63 of the Act provides that the value of any land within a planning area for the purpose of determining the amount of compensation payable should be calculated in accordance with the provisions of the land act, Cap 113. This includes temporally development of any land within the planning area unless planning authority gives a planning consent on condition that the value of such temporally development shall not be taken into account for the purposes of assessing any compensation payable to the landholder of such land.

Land Use Planning Act, 2007

The provisions on compensation in this Act are to a large extent similar to those of the Urban Planning Act, 2007. Section 39 of the Act provides that the compensation to land required will be determined and paid according to the Land Act, Cap 113 and Village Land Act, Cap 114

The Road Act 2007

Part III, Section 16 of the Act addressed the issue of compensation for acquired land for road development. The Section emphasized that, where it become necessary for the road authority to acquire a land owned by any person for the purpose of this act, the owners of such land shall be entitled to compensation for any development on such land in accordance with the Land Acquisition Act (1967), Land and Village Land Acts (1999) and any other written law.

The Graveyard removal Act (No. 9 of 1969)

Subject to the provisions of this Act under section 3, “where any land on which a grave is situated is required for a public purpose the Minister may cause such grave and any dead body buried therein to be removed from the land and, in such case, shall take all such steps as may be requisite or convenient for the re-instatement of the grave and the re-interment of the dead body in place approved by him for the purpose”.

The Land Disputes Courts Act No. 2 of 2002 Every dispute or complaint concerning land shall be instituted in the Court having jurisdiction to determine land disputes in the given area (Section 3). The Courts of jurisdiction include: i. The Village Land Council ii. The Ward Tribunal iii. District Land and Housing Tribunal iv. The High Court (Land Division) v. The Court of Appeal of Tanzania.

The Act gives the Village Land Councils powers to resolve land disputes involving village lands (Section 7). If the Council fails to resolve the dispute, the matter can be referred to the Ward Tribunal as established by the Land Act (1999) and the Village Land Act. If any dispute will arise because of this Project, the provisions of this Act shall be observed.

7.5 Road Sector Compensation and Resettlement Guidelines Road construction projects often necessitate the acquisition of land for the purpose s of the road corridor and the road reserve. This may result into the encroachment of land and property, damage to the sites of cultural or personal importance, disruption of sources of income and in the displacement of people. In most cases, the disruption occurs against the wishes of those affected or without their informed consent, despite their status as project beneficiaries. The purpose of the guidelines is to provide a consistent approach in the development and implementation of compensation and resettlement Plan in the road projects implementation. The use of the guidelines is one of the strategies to integrate compensation and resettlement process from the planning phase of the road projects.

Land Use and Spatial Planning

The Town and Country Planning Ordinance of 1961, which regulates the use of land in urban areas, were established to facilitate land use planning schemes. According to the Ordinance, development is not allowed without obtaining a planning consent. It also provides a specific land-use class for ecologically sensitive areas; The National Land Use Planning Commission as per the Land Use Planning Act 2007 is the institution entrusted to coordinate Land Use Planning in Mainland Tanzania. It covers preparation of regional physical land use plans and formulation

of land use policies for implementation by the Government. It specifies standards, norms and criteria for the protection of beneficial uses and maintenance of the quality of land. These provisions are relevant to the proposed development considering that its implementation is within a city.

There is no single agency in Tanzania that has mandate for the planning and providing resettlement and compensation help in cases where people are involuntarily relocated for development project. It is however agreed in principle that the project proponent assumes the responsibility for delivery of entitlements even though a number of actions may be involved.

The Land Act (No. 4 of 1999) the Land (Assessment of the Value of Land for Compensation) Regulations, 2001

The regulations, 2001 of the Land Act of 1999 provides the basis for valuation and compensation of properties by stating that:-

i. The interest upon any compensation shall be paid by the Government or the local government authority only where there is no prompt payment of compensation made.

ii. For the purpose of computing interest payable upon compensation "prompt payment of compensation" means payment of compensation within six months after the subject land has been acquired or revoked.

iii. Where amount of compensation remained unpaid for six months after acquisition or revocation, interest at the percentage average rate offered by commercial banks on fixed deposits shall be recoverable until such compensation is paid.

7.6 Gap Analysis of National Laws vis-à-vis World Bank Policy The Consultant reviewed the implications of legal rights to property and/or title to the implementation of any possible involuntary resettlement, including compensation packages and eligibility criteria. Tanzania’s policies and legislation vis-à-vis World Bank’s OP4.12 on involuntary resettlement was reviewed. Any Resettlement Action Plan has to be consistence with Tanzanian laws and World Bank OP 4.12, whichever is more stringent. A gap analysis has been undertaken in order to measure the difference between Tanzanian laws and the World Bank OP 4.12 requirements. Table 18 provides a summary comparison of legal and international requirements and variances with Tanzanian legislation. Where there is a difference between the two, the higher standard will prevail:

Table 18: Comparison of Tanzania and World Bank policies on Resettlement and compensation

Content Tanzania Legislation World Bank OP 4.12 Gaps/Measures Measures

Land Owners The Land Acquisition Act 1967, PAPs are classified into 03 There is no gap between Compensation at the Land Act 1999 and the groups (a) those who have Tanzania laws and OP4.12 replacement cost will Village Land Act 1999 have it formal legal rights including as far as those with formal be paid prior to clearly that land owners, with or customary and traditional legal rights and those relocation regardless of without formal legal rights are rights; (b) those who do not without formal legal rights their legal status entitled to full, fair and prompts have form legal rights to the are concerned. However, the compensation. They also get land but have a claim to such lost assets in Tanzania are disturbance allowance, transport land or assets provided that restricted to land and and loss of profit if they were in such claims are recognized developments on land, and actual occupation of the acquired under the law of the country; where relevant, loss of property. Losses of assets are and (c) those who have no profits. The lost assets under limited to “unexhausted legal rights to the land they are OP 4.12 are much wider improvements”, that is, the occupying Land owners of (a) than land, and include loss developments on the land. The and (b) above, are among of access to livelihoods and law does not cover economic and PAPs who are entitled to full, standards of living. It seeks social impacts of relocation. fair and prompt compensation to improve them or at least as well as other relocation to restore them to pre- assistance. Socio-economic displacement levels. impacts to PAPs are taken into consideration in preparing the RAP.

Content Tanzania Legislation World Bank OP 4.12 Gaps Measures

Land Tanzania laws do not recognize Renters and tenants of OP 4.12 recognizes a wider Tenants both tenants/Squatters tenants as being entitled to residential properties are spectrum of PAPs, residential and compensation. eligible for relocation including tenants. The commercial will be assistance renters of business Tanzania spectrum is assisted are also eligible for relocation limited to those who can and other assistance. In prove proprietary rights. It addition compensation for the does not include tenants. loss of income during transition. Squatters may be paid Squatters may fit category (c) OP 4.12 includes squatters Squatters among PAPs compensation on the whims of above and are provided in among PAPs who are who are entitled to the government. In those cases resettlement assistance in lieu entitled to resettlement resettlement assistance however they are not paid. This of the compensation for the assistance in lieu of the land in lieu of the land they includes those who construct on land they occupy as well as they occupy as well as other occupy as well as other road reserves. other relocation assistance assistance to restore their assistance to restore livelihoods plus their livelihoods plus compensation for assets compensation for other than land. This is assets other than land. different from the Tanzania situation where such people are not entitled to any assistance.

Content Tanzania Legislation World Bank OP 4.12 Gaps Measures

Land Users Tanzania law on compulsory OP 4.12 includes displaced All affected persons should All affected persons acquisition and compensation is persons who have no be entitled to some form of are entitled to some limited to those who can prove de recognizable legal right or compensation whether or form of compensation jure or de facto land ownership and claim to the land they are not they have legal title. whether or not they those who have land use rights or occupying. have legal title. customary rights. Illegal users are not covered under Tanzania laws

Encroachers Persons who encroach on the area Encroachers are entitled to Those who encroaches the Those who have been are not entitled to compensation or “resettlement assistance in area are not compensated in the land before the any form of resettlement assistance. lieu of compensation for the under Tanzanian law. cut-off date will be Encroachers have to demolish their land they occupy if they assisted as it is assets without any compensation, if occupy the project area prior indicated in the refuse the authority concerned will to” the date of the beginning entitlement matrix of demolish at their cost. of the census or prior to the this report. date the project area was delineated, whichever date is earlier [OP 4.12, para. 16] plus compensation for assets other than land

Content Tanzania Legislation World Bank OP 4.12 Gaps Measures

Timing of Tanzania law requires that Displaced person and In terms of timing, both The compensation Compensation compensation be full, fair and prompt. provided prompt and Tanzanian laws and OP schedule will be Payment Prompt means it should be paid within effective at the full 4.12 require that updated by taking into 06 months after the valuation. replacement cost for losses compensation be paid account the interest of assets directly attributable promptly and before any rate as required by to the project. activities are started in the law. affected land. This Where amount of compensation however, rarely happens in No PAP will be remained unpaid for six months after practice as can be testified relocated before acquisition or revocation, interest at the compensation with percentage average rate of interest from projects that have involved large scale land interest rate is paid. offered by commercial banks offered on acquisition. fixed deposits shall be recoverable until such compensation is paid

Legally, compensation for the acquired land does not have to be paid before possession can be taken, but in current practices it is usually paid before existing occupiers are displaced. In practice compensation is not paid promptly most of time, and delays are not rectified paying the interest rate as required by the law.

Content Tanzania Legislation World Bank OP 4.12 Gaps Measures

Calculation of According to the land Assessment of the OP 4.12 requires that Tanzania law provides for Prompt and effective Compensation value of Land for Compensation displaced persons be the calculation of compensation at full Regulations 2001 as well as the Village provided with prompt and compensation on the basis replacement cost for and Valuation Land Regulations 2001 compensation effective compensation at of the market value of the losses of assets for loss of any interest in land shall full replacement cost for lost land and unexhausted attributable direct to include the value of unexhausted losses of assets attributable improvements, plus a the project improvements, disturbance allowance, direct to the project. disturbance, transport allowance, accommodation Replacement cost is the accommodation and Depreciation will not allowance, and loss of profits. The basis method of valuation of accommodation allowance, be taken into account for assessment any land unexhausted assets that helps determine and loss of profits where when applying this improvement for purpose of the amount sufficient to applicable. Since method. compensation is the market value of replace lost assets and cover depreciation is applied, the The compensation such land. The market value is arrived at transaction costs. amount paid does not in schedule will be by the use of comparative method most cases amount to that Depreciation is not to be updated by taking evidenced by actual recent sales of required to replace the lost into account the similar properties; or by the use of taken into account when assets. Besides, other types interest rate as income approach or replacement cost applying this method. For of assets (besides land) are required by law. method, where the property is of special losses that cannot easily be not taken into nature and not saleable. In practice, with valued or compensated in consideration. Tanzania No PAP will be monetary terms (e.g. access land an attempt is made to establish laws are restricted to land relocated before to public services, customers market value from recent sales, but and developments on land, compensation with these are usually not transparent. As for and suppliers, or to fishing, and loss of profits whereas interest rate is paid unexhausted improvement in terms of grazing or forest areas) WB OP 4.12 consider all buildings and other civil infrastructure, attempts are made to types of losses and the depreciated replacement cost establish access to provision of alternative approach is used. equivalent and culturally compensation measures. acceptable resources and earning opportunities.

Content Tanzania Legislation World Bank OP 4.12 Gaps Measures

Relocation and Tanzanian laws do not provide for OP 4.12 stipulates that where Tanzanian law provides for PAPs will be resettlement relocation and resettlement. However project impacts include physical the transport allowance for provided with there are the few cases where the relocation, measures should be 12 tons of luggage for up to assistance such as government has provided both taken to ensure that the PAPs 12km from the acquired accommodation compensation and alternative land, but are:(i) provided with assistance land, provided the displaced allowances (36 this has been done at its discretion. In during relocation, and (ii) person was living on that months), transport general, however the government feels provided with residential land. In lieu of housing allowance, that it has discharged its duty once housing , or housing sites, or ,as accommodation allowance disturbance compensation is paid, and it is up to required ,agriculture sites for is made is made in the form allowance and loss the displaced person to resettle and re- which a combination of of rent for rent for 36 of profit for those establish themselves elsewhere. productive potential, location months. Occasionally, in a losing business advantages and other factors is at discretionary manner least equivalent to the alternative land is awarded. advantages lost.

Completion of The government can under the law, It is necessary ensure that The land acquisition Act Displacement will resettlement take possession of the acquired land at displacement or restriction to 1967, allows the take place when and the end of the notice to acquire period, access does not take place before government to take the compensation compensation before paying compensation. Current necessary measures for possession of the acquired have been paid to practice however is such that resettlement are in place. In land before paying all PAPs. possession is usually after the payment particular, taking of land and compensation. Current of compensation whereby the related assets may take place practice endeavours to pay Transport displaced persons are given time to only after compensation has compensation before taking allowance will be vacate the land, which is usually as paid, where applicable, possession of the land. provided to those soon as possible. resettlement sites and moving eligible allowance have been provide to No land will be the displaced persons. taken without compensation

Content Tanzania Legislation World Bank OP 4.12 Gaps Measures

Livelihood There are no legal provisions requiring Resettlement plan or policy There are no transitional In addition to restoration the government to restore livelihood or include measures to ensure that measures provide for under compensation and assistance to provide assistance towards the the displaced persons are:(i) Tanzanian law and practice, measures restoration of such livelihoods. Indeed offered support after nor are there provisions for livelihood compensation is not payable in case of displacement for transitional compensation as a result of restoration and restrictions to access to areas of period, based on a reasonable restriction to access assistance will livelihood opportunities. Moreover estimate of the time likely to be livelihood. The Tanzanian involve provision there are no provisions that require the needed to restore their livelihood law does not make of training on government to pay special attention to and standard of living, and (ii) provisions requiring entrepreneurship vulnerable groups or indigenous provided with development government to pay special skills to business peoples assistance in addition to attention to vulnerable people and compensation measures, such as groups in the administration vendors. land preparation, credit facilities, of compensation. training or job opportunities. Encouraging the PAPs to join in Savings Accounts Cooperative Associations in order to get access to credits

Consultation There scanty provisions related to OP 4.12 requires consultation of The provisions in OP 4.12 Opportunities to and disclosure consultation and disclosure in Tanzania PAPs, the host communities and requiring consultation and participate in the law. The notice, under the Land local NGOs, as appropriate. disclosure have no planning , Acquisition Act, informs land owners Provide them opportunities to equivalent in Tanzania law implementation, about the President’s need to acquire participate in the planning , and practice. and monitoring of their land, and their right to give implementation, and monitoring the resettlement objections. The Land Act allows of the resettlement program, program will displaced to fill in forms requiring that especially in the process of provided to PAPs their land be valued, and giving their developing and implementing

own opinion as to what their assets are the procedures for determining worth. Since resettlement is not eligibility for compensation provided legally, there are no benefits and development provisions about informing the assistance (as documented in a displaced persons about their options resettlement plan), and for and rights; nor are they offered choice establishing appropriate and among feasible resettlement accessible grievance alternatives. mechanisms

Content Tanzania Legislation World Bank OP 4.12 Gaps Measures

Grievance Under Land Acquisition Act, where there OP4.12 provides that displaced The Tanzanian Law does not Appropriate and mechanism is a dispute or disagreement relating persons and their communities, provide for the establishment accessible and dispute to:(a) the amount of compensation, (b) and any host communities of grievance resolution grievance resolution the right to acquire the land; (c) the receiving them are provided mechanisms specific to mechanism will identity of persons entitled to with timely and relevant particular resettlement cases. be established compensation; (d) the application of information, consulted on section 12 to the land; (e) any right resettlement options and offered privilege or liability conferred or opportunities to participate in imposed by this Act; (f) the planning implementing and apportionment of compensation between monitoring resettlement. the persons entitled to the same and such Appropriate and accessible dispute or disagreement is not settled by grievance mechanism must be the parties concerned within six weeks established for these groups. from the date of the publication of notice that the land is required for a public purpose the Minister or any person holding or claiming any interest in the land may institute a suit in the High Court of Tanzania for determination of

the dispute. In practice the Government tries to resolve grievances through public meetings of the affected persons.

NB: Therefore, as this is a Bank funded program and the fundamental principles of OP 4.12 must be adhered to. As a result, all land to be acquired or used by the PAPs under this program would be so acquired or used subject to the laws of Tanzania and the Bank OP 4.12. Where there is a conflict, the Bank OP4.12 must take precedence. The Bank policy would be applied to provide better benefits to the project affected people and restore their livelihoods to those prior to the project or even increase them.

8.0 Institutional Arrangement for RAP Implementation

A number of organizations and institutions will be involved with RAP implementation processes at different levels and times. This section provides a list of all agencies and institutions involved in each step of the resettlement process (preparation, appeals, implementation and monitoring). The experience of the majority of the actors involved seems adequate to the tasks to be carried out and therefore no particular capacity building measures are required. As soon as the RAP is cleared and finalized, TANROADS will formally disclose it to the affected people. For this purpose, TANROADS will organize a number of sessions to PAPs. The sessions will be chaired by the RAP specialist of TANROADS and attended by representatives of the higher territorial hierarchies (Districts and Ward/Mtaa). Adequate display materials will be utilized. TANROADS will prepare the list of the occupants dispossessed by the project, specifying their rights of occupancy and the assessed value.

TANROADS in collaboration with the Local Government (i.e. District Councils) will dispatch the dislocation notices to the concerned PAPs. The Ministry of Finance through TANROADS will disburse the compensation funds to the TANROADS Regional office to pay the communities eligible for compensation. To ensure timely completion of resettlement activities, TANROADS and relevant Municipal authorities will facilitate the resettlement process by urging all PAPs to vacate within the time frame that will be agreed between the two parties. This RAP recommends the time not to exceed 30 days after receiving compensation. TANROADS will then authorize the Contractor to start demolition works.

The NGO will assist in raising public awareness on resettlement and facilitate local community participation in RAP implementation. Many times, the communities preferred cash compensation since they feel that it will be some sort of improvement in their social welfare. This is through the experience acquired where compensation have been implemented in Tanzania. The overall coordination of RAP activities will be under TANROADS and other institutions and organizations that have the legal obligations to carry out functions related to resettlement and or compensation including various local authorities.

i. TANROADS will support sensitization of stakeholders on RAP, preparation and monitoring of RAP; ii. Local Government Authorities will sensitize communities on RAP, provide technical support in preparation of RAP, screen and appraise and monitor the implementation of RAP; iii. Communities, from Mtaa, Wards, affected groups as the final owner of land, landed properties and assets to be acquired or affected will be the participants in the process; iv. Independent NGOs /CBOs and other stakeholders will be engaged to witness the fairness and appropriateness of the whole process. The NGOs will be involved in the monitoring of the resettlement process, establishing direct communication with the affected population, community leaders, TANROADS to facilitate the completion of RAP; v. External Audits shall include the evaluation of the implementation of the resettlement action plans in routine annual audits. Without undue restrictions, the audits may include assessment of: . Resettlement conditions where relevant; . Consultation on compensation options, process and procedures; . Adequacy of compensation; and . Adequacy of specific measures targeting vulnerable people. TANROADS shall set up Resettlement Committee comprising representatives of key Ministries and a local NGO involved in similar projects. The following committees shall be established at district levels with representation from the PAPS /Wards:

Resettlement Committee;

- Chair – Mayor of Ilala Municipality - Member – TANROADS, Dar es Salaam - Member – TANROADS, Headquarter - Member – Ministry of Lands - Member – Member – Consultant - Member – Representative of a Local NGOs - Member – Representative of PAPs

Compensation Committee; and - Chair – TANROADS, Dar es Salaam - Member – Ministry of Lands - Member – Consultant - Member – Two representative of PAP (one representing households and one represent business tenants) - Member – Valuer

Dispute Resolution Committee. - Chair – District Commissioner - Member – TANROADS, Dar es Salaam - Member – TANROADS, Headquarter - Member – Ministry of Lands - Member – Valuer - Member – Representative of a Local NGO - Member – Two representative of PAPs(one representing households and One represent business tenants)

9.0 Eligibility and Entitlement

Based on Tanzania’s laws, eligibility for compensation is defined in the provisions of the Land Act and the Land Acquisition Act cited in Chapter 5 of this RAP report. According to these laws, all owners of properties located within the proposed project area at the time of inspection and valuation will be eligible for compensation. Notices to claim compensation were served to most owners of affected properties using Land Form No.14. The "cut-off" date for eligibility for compensation and resettlement measures was determined by the date on which these notifications were served. In this case the cut-off date for this project was November 2014, when valuations activities were completed. Prior to implementation of this RAP to accommodate the time rag of almost two years, (as per the land Act, No.4 of 1999, Assessment of the value of land for compensation Regulation 2001). TANROADS will undertake the following:

 Stakeholders consultations;  Verification of all affected properties and census;  Update of Valuation Report to accommodate change in replacement costs.

9.1 Identification of Project Affected Groups /Individuals According to the above laws and policies the affected person(s) (group(s) /individual(s)) are those who lose assets or are denied access to legally designated social economic services as a result of proposed project activities, whatever the extent of loss, lost assets may be land, structures, trees etc. These categories of project-affected individuals/groups were identified through socio-economic study and census. This RAP has taken into account all the project affected persons including those with no legal status such as vendors doing business in the project area.

9.2 Categories of Affected People In line with the Tanzania Law, categories of affected people include: property owners with either legally recognized documents such as certificate of right of occupancy or customary rights.

The World Bank OP 4.12 categorizes affected group(s) individual(s) /persons as:

a) Those who have formal legal rights (including customary and traditional rights) recognized under the laws of Government of Tanzania; b) Those who do not have formal legal rights to land at the time of conducting census, but have a claim to such land or assets provided that such claims are recognized under the laws of Government of Tanzania; and c) Those who have no recognized legal rights or claims to land they are occupying.

Persons who encroach into the project area after the cut-off date as stated above are not entitled to compensation. People who consider themselves to be eligible and are not identified at the time of census will have the right to appeal to district authorities.

9.3 Compensation All compensation will be at Replacement Cost. To compensate the PAPs for their lost assets, the Project has two options for different payment modalities based on individual’s choice and recommendations of the RAP report. These are: Cash payments - calculated and paid to compensate for land, assets, or to cover allowances such as disturbance, accommodation, transportation, loss of profit, In-kind compensation mainly for community/public properties or for PAPs who would opt for such modality. For this particular project all individual PAPs have opted for cash compensation and therefore in-kind compensation will only be for public properties (the Mtaa Office) and part of the costs associated with relocation of graves

Compensation for residential structures PAPs loosing residential structures are entitled to the following compensation: i. Compensation of the residential structure according to the type of structure and market value; ii. Compensation of land according to the market value if the PAP owns the land iii. Loss of Accommodation allowance; iv. Transport allowance; v. Disturbance allowance.

For tenants that reside in these houses they will receive the following compensation under this RAP. Transport and disturbance allowance a flat rate of 150,000 for each tenant given as transport allowance. This is based on justifications provided in the analysis of methods of compensation in this report.

Compensation for commercial structures Therefore entitlements for PAPs losing commercial structures under this RAP will be categorised as follows:

Loss of Commercial structure owner of business

PAPs loosing commercial structures will be compensated the following: i. Compensation of the commercial structure according to the type of structure and market value; ii. Compensation of land where the structure is located according to the market value if the PAP owns the land; iii. Loss of profit allowance; iv. Transport allowance; v. Disturbance allowance.

PAPs loosing commercial structures with business that does not have record: i. Compensation of the commercial structure according to the type of structure and market value; ii. Compensation of land where the structure is according to the market value if PAPs owns the land;

Loss of profit allowance calculated at 100,000shs per month for six36 months.

Disturbance allowance.

Loss of Commercial structure tenant with business record i. Loss of profit allowance calculated for six months; ii. Transport and disturbance allowance 150,000;

Loss of Commercial structure tenant with no business record i. Loss of profit allowance calculated for six months at a rate of 100,000 per month; ii. Transport and disturbance allowance 150,000;

Loss of Commercial structure tenant with business with no records Loss of profit allowance calculated for six months at a rate of 100,000 per month; i. Transport and disturbance allowance 150,000;

Annexed structures For this RAP Annexed structures will be entitled to the following compensation: i. Compensation of the annex structure according to the type of structure at replacement rate Compensation of land where the structure is according to: if the PAP; owns the land affected; i. Disturbance allowance. Compensation of ATM machine However for the Automated Teller Machines (ATMs) affected by the project, the owner of the house where the Bank has rented will be entitled to the following: i. Compensation of the annex structure according to the type of structure and market value; ii. Compensation of land where the structure is according to the market value if the PAP; owns the land affected; iii. Loss of profit allowance for the ATM (36 months) if the ATM cannot be relocated within the same plot, if it can be relocated then profit for six months iv. Disturbance allowance.

Compensation for Permanent trees owned by individuals PAPs losing permanent crops are entitled to the following compensation: i. Compensation of value of each crop/ tree according to the market value and level of maturity; ii. Compensation of land where the crops are grown according to the market value if the land is under the ownership of the PAP; iii. Disturbance allowance. Compensation for Land All PAPs that will lose land will receive the following compensation: i. Compensation of the land according to the market value if the PAP legally owns the land; ii. Disturbance allowance.

Compensation for public permanent trees

In-kind compensation for such loss by planting trees in various parts of the affected municipal including the project area after completion of construction of the project. Compensation for seasonal crops

PAPs with seasonal crops will not be compensated for the loss of these assets, however, in order to prevent any financial impact or loss of harvest that mainly includes food crops, notice must be provided to all PAPs with seasonal crops within the Right-of-Way to alert on when to stop cultivating. Once they have been compensated for loss of land. If they have already cultivated they must be allowed to harvest their crops prior to start of construction. PAPs loosing seasonal crops are entitled to the following compensation: i. Compensation of land where the seasonal crops are grown according to the market value if PAP owns the land; ii. Disturbance allowance.

Compensation for damage of other Utilities within the project area TANROADS will be responsible for the costs of relocating or replacement of public utilities that will be affected by the project. The relocation costs will be paid to the responsible institutions such as DAWASA, TANESCO, TCRA, TTCL and Mwembe Madafu Development Organization (MMDO). All utilities have to be relocated by the responsible authorities before commencement of the project. The project proponent (TANROADS) should indicate the design of the proposed road and avail the drawings to TANESCO, DAWASA and TCRA and officially request these institutions to provide cost estimates for relocation of its utilities. There should be ample time for relocation exercise in order to implement the project according to its schedule and avoid inconveniences to the users of the infrastructures

Also for other public structure like mtaa office, the cost for replacement of mtaa office will be paid to Ilala municipal authority that will be responsible to reconstruction of another office where it will be needed. The compensation of the mosque will be paid to the responsible mosques authority, that will be decided where to construct another mosque. Since the Bank have

rented a room for the ATM machine, the compensation will be paid to the house owner in losing the structure and loss of business.

Compensation for Graves

It should be noted that the rates to be compensated for graves will vary depending on developments done on the grave. Compensation will be paid for expenses related to the relocation of graves such as expenses for ceremonies and labour in connection with exhumation and reburial, and any other development. The processes of relocating the graves will be participatory and take into account PAPs cultures and values. Where graves that would be adversely affected by the Project need to be exhumed and reburied at alternative locations, rituals and ceremonies will need to be conducted and must consult respective relatives. For this project, PAPs will be compensated ceremonial cost and cost of relocation; while other costs related to relocation of the grave will be compensated directly to the Ilala Municipal Council to enable relevant authorities relocate the graves.

9.4 Others unintentionally impact These are people or families or even property owners suffering unintentional and temporary damage to their land and property during construction due to unforeseen actions or simply by accidents such as damage to nearby utilities, crops, structures or infrastructure caused by movement of machines and other construction activities. Whenever an unintentional impact occurs, during construction; the property should be compensated as per the entitlement matrix in this RAP. This will be the responsibility of the Developer in collaboration with the contractor and therefore this item should be included in the contract to the project contractor.

9.5 Compensation for Property of Deceased Persons Inheritance of property rights are issues that can result in prolonged redress procedures. Under such circumstances the name of the deceased property owner will appear in the Valuation Report and the inheritors will be advised to follow the legal inheritance procedures while claiming the compensation rights. Mechanisms for dealing with various types of grievances include issues of inheritance that have to be referred to the courts of law for arbitration.

9.6. Cut –off Date The Census cut-off date refers to the date of completion of the census and assets inventory of persons affected by the project. People occupying the area after the cut-off date are not eligible for compensation and/or resettlement assistance. Similarly, fixed assets, fruit trees etc. established after the date of completion of the census will not be compensated. During the initial consultations with all the relevant stakeholders, it was announced that census of inventory will be taken. Details of the census process and the cut-off date were declared during the general public consultation that took place on October to November, 2014.

It should be noted that as soon as the implementation of RAP is eminent, verification of PAPs, update of budget and any other change will be undertaken according to the Tanzanian Government Guidelines to accommodate delay in implementation of this RAP.

9.7 Assistance for vulnerable groups The census survey has identified 89 affected people regarded as vulnerable people who require special assistance. These PAPs include 55 female who are head of households (among these, 16 are widowed) 10 elderly, three orphans, six with physical disabilities and one with chronic disease. The vulnerable groups will be given extra support during the resettlement exercise where dedicated assistance will be offered in order to ensure that they receive compensation in good time and the resettlement is carried without further suffering. The estimated cost to assist vulnerable groups is Tshs. 17,800,000.00 equivalents to Tshs 200,000.00 per individual. In addition to this, vulnerable people need to be given first priority in payment of compensation, training for entrepreneurship for those who are involved in small business and employment opportunities during construction. Furthermore, in collaboration with Ilala Municipality, the vulnerable people need to be assisted to get land for establishment of new settlement, assistance with new house construction, including contracting and construction management; assistance with banking and savings) and post-resettlement measures.

9.8 Entitlement Matrix The principle adopted from the Tanzania Laws establishes the eligibility and provisions for all types of losses (land, structures, businesses, loss of accommodation, disturbance, crops, transport costs resulting from displacement and trees). All affected persons will be compensated at full replacement costs and other allowances. Following the apparent gap in Tanzania laws on involuntary policy and that of the World Bank, this RAP will be aligned with the World Bank Operation Policy which indicates best practices for rehabilitation of livelihoods of people affected by the implementation of the project. The Bank’s policy will be applicable because:

i. they are involved in the funding of the project and, ii. Its policy best fulfil the pro-poor objectives of the projects, ensuring that the conditions of PAPs are preferably improved or at least restored to pre-displacement levels as well as offers special considerations for vulnerable and landless PAPs.

Based on the identified impacts in the project, the relevant provisions in the Entitlement Matrix for PAPs of the Tanzania Central Transport Corridor Project (CTCP) Phase 3 is presented in the Table 19.

Table 19: Entitlement matrix for the PAPs under the BRT Phase III project

Type of Loss Unit of ENTITLEMENTS Entitlement Compensation for Transport Allowance Other Assistance Lost Assets Loss of residential Household Compensation at Moving 12 tons of Disturbance Allowance (calculated at structure Replacement Cost of goods for a 20 km. 8% of total compensation cost) structure and affected Distance Accommodation allowance (36months land rates) Tenants Allowance to enable them relocate (estimated at 150,000shs per tenant household) Provide early information to tenants to allow them vacate (6 months’ notice) Loss of Enterprise owner Compensation at Moving 12 tons of Disturbance Allowance (calculated at commercial Replacement Cost of goods for a 20 km. 8% of total compensation cost Loss of structure structure and affected Distance profit allowance (36months rates) land Disturbance Allowance Tenant - Allowance to enable Loss of profit allowance for Six months them relocate (estimated at 150,000shs per tenant household) Loss of Individual PAP Compensation of N/A Disturbance Allowance (calculated at permanent crops crops at market value 8% of total compensation cost) and tree and value of affected land Public/Municipal - - In kind Compensation by TANROADS Council Public/community Concerned public Compensation at Moving 12 tons of Disturbance Allowance (calculated at structures or private entity replacement value or goods for a distance of 8% of total compensation cost)

payment of relocation 20 km. and replacement costs of alternative structure or alternative site by agreement with responsible institutions Concerned public In-Kind Moving 12 tons of or private entity compensation by goods for a 20 km. constructing the Distance( a structure is affected structure and involved) in-kind for alternative land Loss of Land Household /Public Compensation at N/A Disturbance Allowance (calculated at Market value 8% of total compensation cost

Loss of graves Household/ Public 500,000shs will be - PAPs will receive 300,000 Tshs as paid to Ilala disturbance allowance Municipal to relocate the graves Loss of annex PAP owner Compensation at - Loss of profit if the annex affected is a structures to be replacement value of commercial property relocated on the structure and affected same plot. land Loss of annex PAP owner Compensation at - Loss of profit for six months if the structures to be replacement value of annex affected is a commercial relocated on the structure and affected property but can be located within the same plot. land same site Encroachers Permanent Compensation at Loss of profit of six /Commercial structures replacement value of months structure NOT land - Disturbance allowance Early notification to enable PAP

of 100,000 relocate 3 months’ notice Street vendors (informal without title or lease to the stall or shop)  Mobile Vendors  Stalls / Tables  Mobile Kiosks Vulnerable Entire structures/ Compensation at Moving 12 tons of Fair cash compensation will be made groups who are land (with replacement value of goods for a 20 km. for any asset affected, which for classified as: crops/trees are structure and affected Distance structures are merely partly affected Poor totally affected or land and do not entail relocation of the Elderly partially affected owners who some are the poor and Women-headed vulnerable PAPs to new plots and thus, households and their livelihoods will not be chronically ill jeopardized. Persons who need Additional allowance to be provided to special assistance elders, female – headed households and orphans. Provision of special assistance and/or medical care, during the resettlement

10.0 Methods of Valuing Affected Assets and Compensation Payments

In order to meet the requirements for a RAP consistent with the Bank, the valuations have been done in compliance with Bank’s policy guidance as detailed in the terms of reference that the compensation value is obtained from the Replacement Cost added with allowances as well as ensuring that the displaced persons entitlement includes: i. Relocation or loss of shelter; ii. Moving allowances during relocation; iii. Loss of assets or access to assets; iv. Loss of income sources or means of livelihood, whether or not the affected persons must move to another location and/or provided with residential housing, or housing sites, or as required, agricultural sites for which a combination of productive potential, location advantages, and other factors is at least equivalent to the advantages of the old site. For all affected properties market surveys was conducted to determine current replacement costs such as cost of construction materials, price of buying and selling land, transportation costs, and labour costs at the date of valuation as well as rates of compensating permanent crops.

The valuation also considered the following allowances as part of the valuation procedure: i. Transport Allowance: Section 179 subsection 11 of the aforesaid Land Act (1999) directs how this allowance is to be assessed: ‘‘Transport Allowance shall be the actual costs of transporting twelve tons of luggage by rail or road (whichever is cheaper) within twenty Kilometers from the point of displacement (i.e. Transport allowance = 12 tons x Actual Cost/ton/km x 20km)”. Transport allowance is computed on the basis of prevailing market rates within an area and is paid only to PAPs with occupied residential/commercial structure.

For this project transport allowance was calculated by considering the actual cost of transporting 12 tons of luggage by rail or road (whichever is cheaper) within 20 Kilometers from the point of displacement. i. e. Transport allowance = 12tons x Actual Cost/ton/km x 20km

For this particular project transport Allowance was computed on the basis of prevailing market rates within an area. It is the average cost of transporting 12 tons over a distance of 20km. Based on experience from similar projects, establishing the weight of each PAP’s belongings is not an easy task and is likely to lead to inconsistencies which may be a source of complaints. Therefore, the best option was to adopt a system of paying a flat transport allowance rate of TShs. 625/= per ton per km. This rate was arrived at after carrying out inquiries on owners of mini trucks in Dar es Salaam on the current rates charged for transporting 12 tons within a distance of 20 Kms, hence a flat rate of Tshs 150,000 were adopted to provide for transport allowance. ii. Loss of accommodation: Section 179 sub-sections 8 of the Land Act (1999) stipulates how accommodation allowance is to be arrived at:-The market rent for the building shall be assessed and multiplied by 36 months in order to arrive at accommodation allowance payable. (i.e. Accommodation allowance = Rent/p.m. x 36 months). Accommodation allowance shall be paid only to PAPs loosing occupied residential structures.

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iii. Loss of Profit: This is provided under Section 179 subsection 9 of the Land Act (1999) inter alia: The net monthly profit of the business carried out shall be assessed, evidenced by audited accounts where necessary and applicable and multiplied by 36 months in order to arrive at the loss of profits payable. (i.e. Loss Profit = Net profit/p.m. x 36 months). Under this RAP, the owners of businesses will be compensated for the loss of profit regardless of having an audited account, but rather research by the valuer.

Since most of the PAPs have no audit records for their businesses, the loss of profit for non- audit accounts were based on income paid to TRA, under the assumption that the business turnover is between 7.5 – 11.5 million. Where the income paid is 318,000 and the monthly profit is approximately 100,000/-

iv. Disturbance allowance: is payable as a percentage of property valuation in compliance to the provisions of Act No 4 of 1999. The percentage is the average commercial bank rates offered on fixed deposits during 1 year.

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10.1 Livelihood Restoration The main objective of this RAP is to ensure that livelihoods are improved or restored to pre- displacement levels. Compensation for affected land and property will therefore seek to facilitate full and smooth recovery without exposing the PAPs to vulnerability and this applies to people who are not just physically displaced but who are affected by loss of land, property and source of income that directly affects their livelihood.

Apart from compensation measures as stipulated by Law and shown in the entitlement matrix, TANROADS will prepare and submit to the World Bank for non-objection a Livelihood Restoration Plan prior to RAP implementation to ensure livelihood restoration of PAPs who require such assistance, example shop owners, mobile vendors, etc. These will include training/retraining programs, access to small business loans and advise among other possible actions.

The PAPs will also be encourage and supported to take up available employment opportunities that will be created by the implementation of the CTCP phase 3 during the construction of the proposed infrastructure. In addition, the Dar es Salaam TANROADS manager in collaboration with Ilala municipal Council will identify areas for vendors to undertake their business. The contractors will be encouraged to hire, especially the manual labourers from the affected communities. This will facilitate additional income that will support the PAPs with relocation and or construction of new settlements.

10.2 Payment Timing Compensation payments should be promptly paid out within reasonable time and not severely delayed. OP 4.12 requires that all compensation and resettlement assistance be provided prior to impact. Pursuant to Regulation 13 of the Land (Assessment of Value of Land for Compensation) 2001 provides that the Interest upon any compensation must be paid by the Government or local authority only where there is no prompt payment of compensation made. The Regulation defines prompt payment to mean ‘payment of compensation within six months after the subject land has been acquired or revoked’. Therefore any delay in implementation of this RAP shall take in consideration provisions of this Regulation.

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10.3 Land Market Value The market value of the land being acquired is used as the determining factor in calculating compensation. Displaced persons may find it difficult to acquire comparable land with the compensation money because of limited land market/higher value of land in the relocated area, where prices can double or even triple almost overnight. In addition, the costs for relocating, transporting, salvaging building materials, and so on can put financial strain on the re-settlers. Since, the majority of affected persons have opted for cash compensation, it is important to ensure that the compensation package consider the current land market value to enable the PAPs to buy new land.

The update of this RAP will ensure compensation of land is at Replacement Cost to enable PAPs buy alternative land for relocation in the vicinity of the project area.

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11.0 Environmental Protection

Construction related activities over the world, generally cause some alteration to the bio-physical and social environment. The proposed BRT project roads is not an exception and will involve land preparation in form of vegetation clearance, cut and fill in the area to receive permanent carriage way, then construction of the road structure and supporting drainage facilities and later road furniture The environmental impacts likely to be caused by proposed project roads and its mitigation measures are shown in Table 20.

Table 20: Environmental impacts and the proposed measures

Impact Mitigation measures

Mitigation measures during pre-construction phase

Displacement of people and  Valuation and compensation in places where properties properties currently on the cannot be avoided or left intact ROW  Roads alignment to follow much of existing roads to avoid relocating more of the properties  Structures outside the construction width but within the road reserve may be left intact during the initial stages but with time they will need to be relocated to pave way for future expansion of the road if required Relocation of infrastructures  Communities shall be informed in advance regarding and disruption resulting storage of water when their utilities are about to be relocated to pave the way for road works. from relocation (e.g. Water  Water pipes located/crossing in the right of way (road pipes) reserve) may be moved slightly away from the road or provision of service duct may be considered Construction activity may  Dar es Salaam is a big city and most of the labour lead to influx of construction resources are available in the city It is not envisaged that labours human resource will be hired from outside Dar es Salaam. Most of the labour force both skilled and unskilled will be coming from their home.  In a situation where camps will be required, all basic amenities like water supply, public toilet etc. shall be provided.  Priority of works will be given to laborers from the vicinity of the project e.g. (Ilala, Kinondoni,Ubungo and Temeke Districts)

NB: further addressed in the Social Management Plan

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under the ESIA of this project Mitigation Measures for Negative Impacts during Construction Phase

Interference on drainage  Protect existing water channels feeding water the Indian patterns Ocean  Box culverts or long span bridge should be provided to avoid disturbance and/ or obstruction of water Landscape scarring  Borrow materials to be collected from existing borrow especially at material areas such as those currently used for road construction or borrow sites new ones opened on agreement with the respective communities.  Reinstatement of all borrow areas as close as possible to the original site condition  Once these borrow pits are no longer in use, they will be backfilled with the spoil. Steep edges of these pits will be smoothened to avoid posing risks to neighboring community. Also borrow pits sides will be landscaped after work completion.  In case respective communities request that these pits are left to collect storm water runoff for other uses, then some works on the edges to obtain less steep slopes shall be carried out in agreement with the community. Loss of Vegetation through  Detours and diversions during construction should be clearance to improve access provided where necessary and within the road reserve.  Temporary projects infrastructure (borrow pits, access roads, road upgrading camps, stockpiling areas) should avoid woodlands and wetlands.  Vegetation clearance for temporary infrastructure should be limited to the minimum. Areas cleared of vegetation should be re-vegetated to prevent soil erosion. However, plants and grasses for re-vegetation should be sourced within the project area to avoid introduction of exotic species.  Re-vegetation is only possible given suitable ground conditions (soils, slopes, drainage) moisture, and protection from destruction.  Clearance of the vegetation should be limited to the core area of the project. In this case the diversions to accommodate traffic should be established within the ROW i.e. within the road reserve not beyond 60m from the ROW.  The topsoil and cut trees removed during construction of the pavement of the roads should be stored and be used later to rehabilitate the diversions later, so as to allow the natural vegetation to re-colonize the area.

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 All road diversion should be closed when they are no longer in use, to allow the vegetation to recover.  Landscaping and planting of vegetation should be done on disturbed surfaces as a compensatory measure, Soil erosion and blockage of  Earthworks should be controlled so that land not required storm for road works is not disturbed Water channels  Carry out works during the dry season to prevent soil from being washed away by rain.  Excavated materials to be kept at appropriate places  Drainage structures should be properly installed to avoid scouring  Adhering to specified cut and fill gradients and replanting embankments with flat growing grass that will reduce erosion and enhance soil stability especially on embankments.  Areas cleared for improving sight distances should be replanted with grass to control erosion Poor Air quality due to  Water sprinkling to reduce the dust at construction site emissions and dust and near settlements. Sprinkle water twice a day or more when visual inspection indicated excessive dust and during heavy traffic  Use of dust masks to operators and those working in dusty areas.  Use of goggles for operators  Construction machines/equipment shall be well maintained to ensure total fuel combustion. All the vehicles shall be frequently checked and serviced during the whole construction period so that the level of exhaust emissions is reduced  Movement of vehicles should be kept to minimum necessary for completing the job  Cover all trucks hauling materials particularly sand  Limit the speed of the vehicles to 40 kph or by placing speed bump especially in busy areas Ambient Air and noise  Where the noise levels is beyond 85 dB (A), ear muffs or pollution plugs shall be provided to all those working within the construction equipment area including the operators.  Equipment shall be well maintained or fitted with noise silencers such as mufflers.  Select a site for machinery not too close to residential premises  During construction at site, the contractor should only work during the normal hours (especially activities involving noise) so that the residents living along the project road are not disturbed during sleeping and resting

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hours.  Provide a noise monitoring meter at noise sites  Control the speed of road construction equipment in residential areas Pollution due to Solid  Dispose the spoil materials into the numerous borrow pits and Liquid waste Generation located along the project road before they are restored.  Sort waste according to their type and quality. Decomposable waste can be buried on sanitary landfills and recyclable materials can be sent to the recycling stations such as used spare parts and written off or worn- out construction equipment and spare parts can be sent to foundries where metal scraps are melted to produce other materials such as reinforcing metal bars, hoes, machetes etc.  Encourage and reward employees who show good practice of solid waste management.  Ensure that all machinery working on site are not spilling lubricants,  No refueling or repairing the machinery within 75m of the water source  Use drip pans when leakage is noted on any standing machinery.  Ensure all waste water is treated to meet the discharge limits Depletion and pollution of  The contractor is responsible for identifying his water water resources sources for construction requirements on the project area.  Avoid using water from environmentally sensitive areas;  Avoid digging the riverbanks;  Use pipe system to extract water from the river  Locate the pipe intake in deep water (2m) and 500m from sensitive habitat;  Avoid using the 75m protection zone along the water course with machinery (pumps and tankers)  In case of oil pollution stop construction activities, and use oil booms to recover the pollutants before they disperse into the river, site (riverbank, swampy areas  Dismantle piping system and restore the site (riverbank, swampy areas) immediately after completion of the work in that area.  Avoid washing construction equipment at the intake or near the water source. Water and soil contamination  Repair all construction equipment to avoid fuel and oil leakage  No re-fueling of construction equipment shall be carried out within 100m of the water sources

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 Avoid washing construction equipment near water sources  Construction equipment service bays shall be provided with berms to avoid spills from being washed away to the water sources. Increase in traffic accidents  The contractor shall prepare and install warning signs along the projects roads requiring the vehicles to reduce the speed,  Install speed humps at all settlements along the project roads  Conduct information and education campaign for drivers and the communities along the project roads  Traffic police from Traffic police stations should perform regular patrols at different locations along the project roads during the construction and operation phases to check speeds and the effectiveness of the road safety campaigns Delays in Transportation  Traffic management shall be put in place including itineraries for the site traffic on daily basis  Prepare and install temporary traffic signs that are legible both during the day and at night indicating that the road works are in progress  Contractor should always set aside an alternative detour/route to avoid misunderstanding with those on emergency trips. Mitigation Measures for Negative Impacts during Operation phase

Soil erosion on slopes and  Soil control measures on the slopes such as re-vegetation embankments with flat growing grass particularly with the local species  Introduce Vetiver grass in control of soil erosion. Vetiver grass has proved success in controlling soil erosion thus ideal for protecting the embankments. Landscape scars at un-  Reinstatement of all borrow sites with top soil then re- rehabilitated vegetation with local species of flat growing grass type  Borrow pits to be used as water points shall equally be Quarries and borrow sites reinstated and trimmed to have gentle side slope

Reduced air quality from  Exhaust emissions must be controlled for vehicles that increase in traffic shuttle the project road  Edges, trees must be planted along the roads to assist in capturing emissions (particularly carbon dioxide)  BRT buses shall convert to use of Natural gas in the wake of huge discoveries of natural gas in southern part of Tanzania Road carnage  Traffic police should be spread to all places for control of speed

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 Speed humps at all strategic places including all busy places.  Enforce speed limits  Road signs properly installed and maintained  Traffic rules sensitization in schools and communities along the road. Generation of solid wastes at  These environmental problems can be minimized with depots and workshops good design of the waste collection facilities, proper maintenance and good discipline among employees and good housekeeping.  Sort waste according to their type and quality. Decomposable waste can be buried on sanitary landfills and recyclable materials can be sent to the recycling stations such as used spare parts and written off or worn- out buses can be sent to foundries where metal scraps are melted to produce other materials such as reinforcing metal bars, hoes, machetes etc Generation of liquid wastes in  Good design of on-site waste water treatment facilities depots and workshops including oil skimming tanks  Ensure discharge permits are obtained from the basin water office Environmental pollution  Construction of toilets (e.g. septic tank system) at stations, especially by passengers terminals and depots to avoid pollution of water and travelling by bus along the dangers to road users. Introduction of dust bin within the road DART buses in order to prevent improper garbage disposal and solid waste resulting from ‘take away’ habit disposal along the roads  Design a proper program for ensuring cleanness Source: Environmental and Social Impact Assessment for the Proposed Design of 42.9km Bus Rapid Transit System for Phase 2 and 3 in Dar es Salaam City Prepared by Kyong Dong

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12.0 Implementation Schedule

Right after the investment for the project is approved, the PAPs in the project affected areas will be informed, again, of their rights, policy of this RAP, including legal framework, eligibility provisions, entitlements, rates and mode of compensational assistance, implementation time- schedule and complaint and grievance redress mechanism. Such information will be delivered to PAPs through community meetings, pamphlets and mass media announcement such as radio, television and newspapers. The proposed RAP implementation schedule is as follows:

The RAP implementation schedule as illustrated in the table 21, covers all resettlement activities from time of preparation to implementation. The table illustrates an arrangement for implementation of RAP activities in a chronological order. It also indicates responsible agency per each activity to be accomplished under RAP implementation.

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Table 21: Implementation schedule Activity Timeframe (Year/Month Implementing agency

2016 2017

O N D J F M A M J J A S O N D

Updating and approval of RAP and valuation TANROADS and reports Ministry of Land, Housing and Human Settlement Development

Approval of compensation schedule by the Ilala District Ilala District and Dar es salaam Regional Commissioner and Dar Commissioners es Salaam Regional Commissioner

Consultation meeting with the PAPs to TANROADS, inform them on scheduled activities and their Resettlement roles to accomplish the RAP and Committee and NGO Compensation

Disclosure of entitlement TANROADS and WB

Compensation and other resettlement TANROADS, measures to eligible PAPs Resettlement Committee and NGO

Assistance to vulnerable PAPs TANROADS

Undertake baseline checks, claims, conflicts, TANROADS and disputes and all sorts of grievance resolution Grievance Redress Committee

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Notification to vacate the Right of-Way TANROADS (RoW)

Commencement of construction works and TANROADS monitoring of RAP issues on operational basis Independent Monitoring Consultant

Review of RAP activities and updating TANROADS valuation of unforeseen properties.

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12.1 Resettlement Implementation and Commencement of Construction Before any construction activity is implemented, PAPs will need to be compensated in accordance with this RAP. The project activities involve land acquisition, and for that reason, it is further required that these measures include provision of compensation and of other assistance required for relocation, prior to displacement and or relocation.

In particular, the taking of land and related assets may take place only after compensation has been paid and, where applicable and moving allowances have been provided to displaced persons. For project activity requiring relocation or loss of shelter, measures to assist the PAPs are implemented in accordance with this RAP. The timing mechanism of these measures will ensure that no individual or affected household will be displaced due to construction works before compensation is paid to the individual or household affected. The schedule for the RAP implementation and construction works is shown in Table 22.

Table 22: Master plan for implementation of BRT projects phase 3 TIME S/n Activity Duration Start Finish

1 ESIA,RAP the valuation report approval 33 13-Oct-2016 15-Nov-2016 and disclosure

2 Detailed Public Consultation with PAPs & 315 11-Nov-2016 22-Sep-2017 Key stakeholders

3 Approval for budget for relocating utilities 07 9-Dec-2016 16-Dec-2016

4 Revision of the Grievances Redress 99 12-Jan-2017 21-Apr-2017 Committee

5 Earmarking and notification for utilities to 58 3-Apr-2017 31-May-2017 be relocated

6 Site Verification 27 1-Feb-2017 28-Feb-2017

7 Supplementary Valuation & payment of 180 1-Mar-2017 28-Aug-2017 compensation

8 Receiving and working on complaints 95 6-Mar-2017 9-Jun-2017

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9 Land Acquisition notice of the COI 30 25-Sep-2017 25-Oct-2017 clearance

10 Procurement of Consultant 218 6-Jun-2016 10-Jan-2017

11 Consultancy Services for Pre-Contract 90 9-Feb-2017 10-May-2017 Services & Design Review

12 Procurement of the Works Contractor 267 1-May-2017 23-Jan-2018

13 Mobilization for execution of the Works 90 21-Feb-2018 22-May-2018

14 Construction of Works 1095 tr 21-Feb-2021

15 Monitoring and Evaluation of the ESMP 1095 21-Feb-2018 20-Feb-2021

16 Defects Notification Period 1095 20-Feb-2021 20-Feb-2024

Source, TANROADS Office – Headquarter, 2016

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13.0 Costs and Budgets

The RAP budget has been determined for the land parcels, structures, businesses, crops/ tress, public infrastructure and utilities affected by the Proposed Tanzania Central Transport Corridor Project (CTCP) Phase 3. Taking into account all factors, the compensation for land, structures, loss of business, crops/trees and public utilities to be affected during the Proposed Tanzania Central Transport Corridor Project (CTCP) Phase 3 is Tshs. 18,131,451,831.00 (Tanzanian Shillings Eighteen Billion One Hundred Thirty One Million Four Hundred and Fifty One Thousand Eight Hundred and Thirty One), broken down as given in Table 22. Refer to Annex 1 for the list of PAPs and the Valuation Tables. The Government through TANROADS will finance public infrastructure and utilities through Ilala Municipal Council and responsible institutions for the replacement of affected utilities.

Table 22: Summary of Valuation Report: Components and Compensation Costs Gongo la Mboto Bus Terminal & Depot Components Quantity unit Compensation Costs Building Value 242 Structures 8,261,517,226.60 Land value 49,519.68m² 2,370,072,130.00 Crop value 601 (crops and trees 14,607,850.00 Accommodation allowances 1,598,940,000.00 Transport Allowances 34,650,000.00 Disturbance allowances 812,747,009.30 Loss of rental income 298,260,000.00 Disturbance and transport allowance for 37 19,500,000.00 business tenants Disturbance and transport allowance for 244 53,400,000.00 residential tenants Grave removal allowances 10 8,800,000.00 Local government office 01 42,000,000.00 Water, traffic lights, electricity and The costs is moved to telecommunication infrastructures contractor Assistance to vulnerable people 89 17,800,000.00 Sub Total “A” 13,532,294,215.90 Along Nyerere Road, Uhuru Road and Kawawa Road Building Value including fence/wall 10 structures 276,467,060.00 Land value - 3,693.8m² 261,130,000.00 Transport Allowances 450,000.00 Disturbance allowances 19,506,726.00 Loss of rental income 7,373,128.00 Shifting of vendors movable assets 10,000,000.00

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Sub Total “B” 574,926,914.00 Warehouse and Factories- (Sungura Textile Plot) Land value 51,877m² 2,593,850,000.00 Disturbance allowances 207,508,000.00 Loss of rental income 51,877.00 Sub Total “C” 2,801,409,877.00 Compensation costs for a Holdout at Gongo la Mboto Bus Terminal and Depot Structure /unexhausted improvements value 05 structures 147,110,700.00 Land value 1,173m² 127,610,000.00 Crop value 01 crop 240,000.00 Disturbance allowance 21,977,656 Loss of profit 00 Accommodation allowance 24,080,000.00 Transport allowance 400,000.00 Disturbance and transport allowance for 01 200,000.00 residential tenant Sub Total “D” 321,618,356.00 Facilitation for RAP Processing and Implementation RAP report approval fee 50,000.00 Valuation/approval fees paid to the ministry 0.01% of the total 1,000,000.00 of land compensation budget Facilitation Fee (Regional Commissioner’s 1,400,000.00 office Facilitation Fee (District commissioner’s 750,000.00 office Facilitation for RAP implementers 15,000,000.00 including grievance redress committee Internal Monitoring and Evaluation 20,000,000.00 Sub Total “E” 38,200,000.00 TOTAL A, B, C, D, and E 17,268,049,362.90 Contingency (5%) 863,402,468.10 GRAND TOTAL 18,131,851,831.00 Source: Valuation Report and Compensation Schedule undertaken by Kyong Dong Engineering Co., Ltd. in association with Ambicon Engineering (T) Limited, 2015 and Independent consultants, 2016

Note: current exchange rates: 1USD= 2170 Tanzanian shillings)

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Note: Facilitation fees covered in this RAP budget are not mentioned in any institutional regulations but rather formalities within government institutions to cover various costs (allowances, office use and taxes).

13.1 Statements of financial responsibility and authority The Government of Tanzania under the Ministry of Finance and Planning through TANROADS will be responsible for all financial matters concerning the project implementation including RAP implementation. 13.2 Sources of funds and the flow of funds The main source of fund for executing this RAP will be the Government of Tanzania through the Ministry of Finance and Planning and TANROADS. The fund will be sourced from the TANROADS which will be responsible for effecting payment to eligible PAPs through a reliable commercial Bank or cash money depending on government directives during the implementation of this RAP. 13.3 Specific mechanisms to adjust cost estimates by the inflation factor When exercising compensation payments, there arise some issues regarding inflation, security and timing that must be considered. Market prices will be monitored within the time period that compensation is being made to allow for adjustment in compensation values. In certain cases, providing in-kind compensation is purposely done to reduce inflationary pressures on the costs of goods and services, which will not be the case for this sub-project. However, local inflation may still occur.

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14.0 Grievances Redress Mechanisms

14.1 Introduction Grievance redress mechanisms are necessary avenues for allowing affected persons to voice concerns about the resettlement and compensation process as they arise and, if necessary, for corrective action to be taken promptly. Such mechanisms are important to achieving transparency in the acquisition and resettlement processes. Arising from the above observations, the Consultant proposes that all the grievances be addressed before commencing construction and that where all or significant part of the land is acquired requiring that displaced persons be resettled elsewhere, resettlement land should be sought within the local area and the affected communities be given an assurance of deserved consideration. Therefore, taking the complexity of resolving disputes and grievances into account, all grievances will be addressed expressively and amicably through mediations at the lower level government offices and existing committees. This will ensure, the affected person does not travel long distances or incur advocacy costs

14.2 Potential Sources of Grievances Potential grievances and disputes that arise during the course of implementation of the resettlement and compensation program are often related to the following issues: i. Inventory mistakes made during census survey as well as inadequate valuation of properties; ii. Mistakes related to identification and disagreements on boundaries between affected individual(s) and specifying their land parcels and associated development; iii. Disagreements on plot /asset valuation (e.g. inadequate compensation); iv. Seizure of assets without compensation; v. Divorces, successor and the family issues resulting into ownership dispute or dispute share between in heirs or family; vi. Disputed ownership of given Assets (two or more affected individual(s) claim on the same); vii. Where affected individual(s) opt for a resettlement based option, disagreement on the resettlement package (unsuitable location of the resettlement site); and viii. Problems related to the time and manner of compensation payment.

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14.3 Sensitization on Grievance Redress Mechanism The PAPs were sensitized to the process of grievance redress mechanisms in various forums.

These include the following:

i. Census Survey - The first forum was during the census survey where majority of the PAPs wanted to know why the RAP Study teams were administering questionnaires and measuring sizes of their structures. It was elaborated that the proposed project will affect their land and structures and there will be a process of valuation (determining cost of land structures affected) for compensation after valuation has been done. Where project affected persons do not agree with the valuation there will be mechanisms for lodging grievances)

ii. Consultation Meetings – During the Consultation Meetings conducted at the various centers, the PAPs were sensitized on the process of land and structure valuation for compensation determination and grievance redress mechanism should there be a need to lodge a complaint on the determined values or resettlement plan.

14.4 Proposed Grievances Procedures In projects that require relocation and resettlement of people and loss of property and livelihood, grievance redress mechanisms are essential tools. These mechanisms allow the affected people to voice concerns about the compensation and resettlement process. The project proponent is hence expected to take corrective action to address these grievances in consultation with the PAPs and other stakeholders. Such mechanisms are fundamental to achieving transparency in the resettlement process. During the resettlement process, all disputes will be referred to TANROADS who may handle the grievance straight away or refer it to the PAP committee who will be asked to provide recommendations as to how it is to be addressed. If deemed necessary by the PAP committee the case will be re-investigated and depending on the nature of the issues, referred to the district, regional and take some legal measures.

The mechanisms for grievance management and redress mechanisms are to be affordable and accessible and third parties independent of the implementers should be available at the

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appropriate point in the process. The grievance procedure will be simple, administered in the first instance at the local level to facilitate access, flexibility and open to various proofs taking into account the need for speedy, justice and fair resolution of their grievances. The process suggested for resolving the grievances is presented in Figure 6.

Dissatisfied PAP declares the grievances at Mtaa level

Project proponent (TANROADS) Reviews the grievances and refers the case No Action to PAP committee at Mtaa Grievance Addressed Required level who are to respond

within 2 weeks from the submission to respond

If the PAP is not satisfied with step No Action ONE decision, the case shall be Grievance Resolved Required forwarded to the land Dispute

committee at Municipal level.

If the PAP is not satisfied with No Action step TWO decisions Regional Grievance Resolved Required Secretariat for final amicable solution or to refer the case to the Judiciary.

1 LEGAL REDRESS

Figure 6: Chart showing grievance redress mechanism

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14.5 Grievance Redress Committees

There are two committees which will be involved in redressing grievances arising from the PAPs in the project area; i. Mtaa Grievance Redress Committee (MGRC) and, ii. District Grievance Redress Committee(DGRC)

Composition of MGRC i. Mtaa Chairperson, ii. Mtaa Executive Officer (MEO), iii. Representative from the PAPs, iv. Community Development Officer from the Ward, v. Representative from NGO to be identified

In order to ensure that PAPs are well represented in the Grievance Redress Committee, TANROADS in collaboration with Mtaa and Ward authorities will organize a meeting of all PAPs that will nominate their representatives in the GRM. It is important to ensure that the nomination of PAPs representatives take into account the issue of gender representation.

Composition of DGRC i. District Commissioner – Chairman ii. District Land office- Member, iii. District Valuer iv. RAP Implementing Agency – Member v. PAP representative/ local NGO- Member vi. Representative of TANROADS- Member

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15.0 Monitoring and Evaluation

15.1 Internal Monitoring The proponent (TANROADS) will conduct regular internal monitoring of the resettlement performance of the operation through the Resettlement committee which will be responsible for implementing resettlement and compensation activities and monitor its efficiency. The objective of internal monitoring and supervision will be: i. To verify that the valuation of assets lost or damaged, and the provision of compensation, resettlement and other rehabilitation entitlements, has been carried out in accordance with the Tanzania government and World Bank requirements for involuntary resettlements ii. To oversee that the RAP is implemented as designed and approved; iii. To verify that funds for implementation of the RAP are provided by the Project authorities in a timely manner and in amounts sufficient for their purposes and that such funds are used in accordance with the provisions of the RAP.

15.2 Responsibility The RAP Implementation Committee shall be charged with the task of monitoring and evaluation of the PAPs since they would be familiar with the various variables in the project area. It will therefore be enlisted to continue the post project evaluation system and conduct actual monitoring and reporting. The Committee shall periodically provide the Proponent with collected data for report preparation.

15.3 Performance Monitoring Successful project management requires the ongoing monitoring of performance in order to generate data by which to judge the success or otherwise of a project. The data generated relates to the indicators to be monitored. It can be qualitative or quantitative in nature depending on the parameter being monitored. The data will be collected on a regular basis and accumulated. It is then analysed and presented appropriately.

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15.4 Impact Monitoring The project will generate both positive and negative impacts; social monitoring is envisioned as an important process in the implementation of RAP. The monitoring program will reveal changes and trends brought about by the presence and operations of the project. Such information will be useful in the formulation of sustainable project management and operation strategies.

The basic activities for a sound-monitoring program for the project once it starts operating should at least include the following parameters:

i. Quality of life of the resettled persons ii. Change in health trends of persons affected by the project iii. Availability of socio-service of the resettled persons

15.5 Monitoring and Evaluation Indicators The main internal indicators that will be monitored regularly:

i. That TANROADS entitlements are in accordance with the approved policy and that the assessment of compensation is carried out in accordance with agreed procedures ii. Payment of compensation to the PAPs in the various categories is made in accordance with the level of compensation described in the RAP iii. Public information and public consultation and grievance redress procedures are followed as described in the RAP iv. Relocation and payment of subsistence and transport allowances are made in a timely manner v. Restoration of affected public facilities and infrastructure are completed prior to construction vi. Formation of Resettlement Implementation Committee.

15.6 Frequency of Monitoring The frequency of monitoring is influenced by the parameters being monitored and its dynamic nature. Monitoring of the RAP will be carried out during the whole process of land acquisition and the compensation to ensure that the objectives are met and successful implementation of the RAP occurs. The monitoring will be carried out by a committee composed of Ilala Municipal

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Council representatives and TANROADS to ensure that all responsible implementing agencies follow the schedule and comply with the principles of the RAP.

Suggested monitoring indicators are outlined below and include (and not limited to):

i. Number and place of public consultation meetings held with PAPs and local authorities in preparation of, or during RAP implementation; ii. Number of PAPs effectively compensated and aggregated amount disbursed compensation (actual versus planned); iii. Number of people resettled or provided with new business premises (whatever is applicable); iv. Number of complaints:  Total received and their status (resolved or not and at what level). This should include the subject matter for all complaints.  Total resolved at various levels including the type of agreement reached;  Total referred to the legal system/ Courts of Law, including a clarification on who initiated (local leaders, PAP or Roads Agency, etc.) the referral and the subject matter.

Suggested performance/evaluation indicators include:

i. Total nature and level of all complaints received, resolved; ii. Completion of payment within, or after 2 months of estimated completion date indicated in the RAP implementation plan; iii. Completion of demolition of structures (if any) or crops/trees in the project area within 3 months after the notice to demolish; iv. Revival of affected businesses and other economic activities within 4 months after the compensation payment; v. Submission of monitoring reports at the frequency indicated in the M/E of the RAP implementation report or quarterly.

The table 23 illustrates the monitoring, evaluation and reporting plan and responsible institutions that are expected to oversee the implementation.

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Table 23: Monitoring indicators and frequency of monitoring during RAP and Post RAP implementation

No. Component Main activities Indicators Means of Frequency Responsible Quantitative Qualitative Monitoring / Timing Team

1 Stakeholders Consultation and -Number of Check the Every month TANROADS, participation participation participants project records Ilala Municipal with attending on the meeting Council and stakeholders meetings in the minutes Consultant project area -Number of meetings carried out in the project area 2 Database Updating census Updated data - Check the list Once before TANROADS, results base of census of PAPs and disclosure and Ilala Municipal results their respective when it will be Council and properties needed Consultant 3 Disclosure of Display to the List of PAPs - - Check Once after TANROADS, entitlement PAPs the results and their compensation census and Ilala Municipal of the census properties schedule assets valuation Council and and approval of Consultant valuation report by the Chief valuer. 4 Compensation Timely and All the PAPs Less Check the list Intensive TANROADS and other adequate are grievances/ of PAPs and monitoring will and resettlement compensation of compensated complaints verify that be done on daily Ilala Municipal measures the affected adequately PAPs are and monthly Council properties compensated bases until the completion of Payment of compensation transport and payment and

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subsistence allowances for allowances all the PAPs 5 Grievances Effectiveness of -Less Awareness of Project reports The first three TANROADS the grievance grievances the presence on reported and months after Ilala Municipal mechanisms reported to the of grievance resolved payment of Council project office mechanisms grievances affected -Reported and committee properties solved grievances -Less land Satisfaction tribunal cases of the PAPs reported 6 Follow up of Follow up and Revival of - Observation 4 months after TANROADS PAPs livelihoods monitoring of affected and the and Consultant PAPs businesses and consultation compensation livelihoods other economic with PAPs payment. activities within 4 months after the compensation payment

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15.7 Resettlement Implementation Completion report

A completion report of the entire resettlement process for this project will be prepared and will include a hand over certificate which will ostensibly provide a verification of when the compensation and assistance were undertaken and to whom these services were provided as well as to indicate that indeed all the compensation has been delivered. This report will be prepared and submitted to the Bank six (6) months after the end of compensation payment by TANROADS, or before the Implementation Completion Report by the Bank, whichever comes first. The RAP implementation report will include (but not be limited to) the following information. The RAP implementation report should include (but not be limited to) the following information:

i. Background of the RAP preparation including a description of the project activities, scope of impacts, number of affected persons, and estimate budget. ii. Update of its implementation with actual numbers of displaced persons by segments, compensation paid, issues/complaints raised and solutions provided iii. Complains status iv. Early assessment of the impacts of resettlement and compensation on affected categories at the time of the report production. v. Total sum disbursed vi. Lessons learned from the RAP implementation vii. Suggested annex: - List of people affected as per the RAP report - List of people compensated during implementation

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16.0 Conclusions and Recommendations

16.1 Conclusion i. The proposed project will create displacement of persons, loss of livelihood, mainly at Guruka Kwalala at Gongo la Mboto ward where the bus terminal and depot will be located. There will also be some interference with public infrastructures; however, there are many shot and long term benefits that will arise from the proposed project.

ii. Where displacement or impact is unavoidable, appropriate mitigation measures have been put in place to reduce to a minimum or eliminate any undesirable effects of the project.

iii. Project affected persons in Guruka Kwalala expressed concern over the significant number of houses and commercial buildings that will be affected.

iv. Project affected persons expressed concern on the transparency of the valuation and compensation to project displaced persons.

v. The community awareness of the proposed project is rated very high with many expectant of the gains that will accompany its implementation while others were pessimistic due to endless promises that they claim have been made at various forums in the past on the construction of the road for the rapid bus transport.

All 253 PAPs including 244 residential tenants and 37 commercial tenants are willing to be moved, prompt, fare and full compensation must be guaranteed.

vi. Vendors were very much concern with their livelihood once they will be removed from the areas they are used to do their business. Although, they are aware that they are doing businesses in areas which are not allowed by the government, still their livelihood depended on such activities and they do not have alternative site which can assure them of customers.

vii. The socio-economic survey for some of the affected person at Kipunguni mtaa (Banana) area in Kipawa ward planned for construction of a feeder station and the valuation of all structures were not undertaken due to resistance showed by one of the would be affected persons. This area is made up of a piece of land that is used by

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several traders that have rented the premises from one land owner. There are more than 50 traders with shops, bars, internet cafes, and food vendors. The traders, most of them not working there have instead, hired workers. Outside these shops etc, you also have vendors selling their wares. The so called land owner refused to let his land taken and instructed the tenants not to cooperate with survey team. The efforts to request him to cooperate, including showing the valuer the title deeds for land to justify his ownership was not successful.

viii. The applied mitigation measures have excluded the about 9 PAPs 09 at Ukonga, Gongo la Mboto and Uwanja wa Ndege along Nyerere road.

16.2 Way forward. i. In order to ensure compliance with Tanzania government and World Bank O.P 4.12 requirements for involuntary resettlements, all affected people, should be fully compensated. Since, the valuation process was undertaken in 2014, the compensation should take into account the payment of interest rate to the PAPs. ii. All the project affected persons who will be displaced or relocated, should be informed in good time (given approximately 90 days) to prepare them for relocation and modalities of conducting resettlement counselling put in place. iii. Although street vendors are doing their business illegally along Nyerere and Uhuru roads, they need to be considered for some assistance as required by the World Bank. One of the recommendations is to provide vendors a place for undertaking their businesses, (refer vendor’s suggestions). TANROADS should work together with the Ilala Municipal Council to identify areas to establish new places for vendors, so that their livelihood is not negatively affected. iv. Since the disputed land at Kipunguni is a critical area for the BRT as it is planned for feeder station to save many people in the area, it is suggested that TANROAD in collaboration with Ilala Municipal Council to address the dispute in more peaceful and legally accepted ways to allow the development of the project which is highly needed by the communities in the area. While this process continues, the proposed feeder station will

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be removed in current design and the area will continue to be used as Daladala station. Once this problem is resolved, arrangement will be made by TANROADS to acquire the land as required by law.

v. The project proponent should involve other utilities companies such as TANESCO and DAWASCO who share way-leave prior to removing/relocating the utilities; this could minimize compensation costs.

vi. Since the mitigation measures of road realignment and confinement of project activities in the existing road reserve have excluded the PAPs along Nyerere road, it is recommended that the names of those who were to be affected should be removed from the compensation schedule.

vii. In order to ensure that the valuation of assets which undertaken in 2014 is not affected by inflation, change in land value and construction materials, the compensation schedule will be updated by calculating the compound interest rate offered by commercial banks on fixed deposits (refer to Land Acquisition Act, 1967 and the regulations, 2001 of the Land Act of 1999 in section 7.4). The compensation for tree which were not mature in two years ago will be updated by changing the percentage of growth as shown in compensation schedule. i. It was not possible to include the cost of interest rate in this RAP report because it is not clear when the government is expected to implement the project and start the compensation processes.

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17.0 References

IFC: Handbook for Preparing a Resettlement Action Plan

Ilala District Socio-economic profile -2014.

URT, 1969. The Graveyard removal Act (No. 9 of 1969)

URT, 1977. The Constitution of the United Republic of Tanzania (1977 as amended)

URT, 1995. The National Land Policy (1995)

URT, 1999. Land Act [1999]

URT, 2000. National Human Settlements Development Policy (2000)

URT, 2007. Land Acquisition Act No. 47 of 1967

URT, 2007. Land Use Planning Act, 2007

URT, 2007. The Road Act 2007

URT, 2007. Urban Planning Act, 2007

URT, 2015. Resettlement Action Plan prepared by Kyong Dong Engineering Co., Ltd. in association with Ambicon Engineering (T) Limited, 2014 and Independent consultants, 2016

URT: Population and Housing Census 2012

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18.0 Annexes

Annex 1: List of PAPs at Gongo la Mboto Bus Terminal and Depot

OWNER’S NAMES VAL.NO TYPE OF BUILDING PLOT CROP ACCOMO. TRANSP. DISTUR. LOSS OF TOTAL. PROPERT VALUE VALUE VALUE ALLOW ALLOW ALLOW RENTAL COMP. Y INCOME 1 MJATA DAFFA 001 land and 52,095,340.0 17,400,000.0 - 16,200,000.0 150,000.0 5,559,627.2 - 91,404,967.2 ABDALLAH buildings 2 GILBERT ALFRED 002 land and 51,915,600.0 12,400,000.0 75,000.00 9,000,000.0 150,000.0 5,151,248.0 - 78,691,848.0 MINJA buildings 3 DAISHY G. MINJA 002 land and 53,163,810.0 - 53,000.00 8,640,000.0 150,000.0 4,257,344.8 - 66,264,154.8 buildings 4 GILBERT ALFRED 003 land and 68,173,650.0 27,200,000.0 135,000.0 3,240,000.0 150,000.0 5,160,811.2 14,400,000.0 118,459,461.2 MINJA buildings 5 GILBERT ALFRED 003 MINJA 6 No name 004 7 ASHA MOHAMED 004A land and 17,432,160.0 - - 4,320,000.0 150,000.0 1,394,572.8 - 23,296,732.8 MAKASO buildings 8 MAIMUNA MWINGWA 005 land and 42,214,500.0 9,000,000.0 - 9,720,000.0 150,000.0 4,097,160.0 - 65,181,660.0 KAOMBWE buildings 9 JUDITH NAHASHON 006 land and 105,665,175. 25,900,000.0 - - 150,000.0 10,525,214.0 7,920,000.0 150,160,389.0 ODUNGA buildings 0 10 NOFIA NICODEM 007 land and 25,662,000.0 9,000,000.0 - 6,480,000.0 150,000.0 2,772,960.0 - 44,064,960.0 KARUMUNA buildings 11 AYOUB SHIJA 008 land and 55,632,000.0 27,102,500.0 237,000.0 6,480,000.0 150,000.0 6,637,720.0 - 96,239,220.0 MAHARA buildings 12 ALLY CHANZI 009 land and 18,421,200.0 10,260,000.0 - 5,400,000.0 150,000.0 2,294,496.0 - 36,525,696.0 KINGALU buildings

13 HALIMA ALLY 010 land and 38,955,700.0 14,250,000.0 234,000.0 9,720,000.0 150,000.0 4,275,176.0 - 67,584,876.0 KONDO buildings 14 HALIMA ABDALA 011 land and 69,552,000.0 8,550,000.0 - 6,480,000.0 150,000.0 6,248,160.0 - 90,980,160.0 MAGANZA buildings 15 TARISILA EXSAVERI 012 land and 29,925,840.0 15,750,000.0 - 6,480,000.0 150,000.0 3,654,067.2 - 55,959,907.2 KIMARO buildings 16 NO NAME FOUND 013 land and 9,293,707.5 4,675,000.0 46,400.0 2,160,000.0 150,000.0 1,121,208.6 - 17,446,316.1 The photo shows Val. No. buildings 14 which appear twice

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OWNER’S NAMES VAL.NO TYPE OF BUILDING PLOT CROP ACCOMO. TRANSP DISTUR. LOSS OF TOTAL. PROPERTY VALUE VALUE VALUE ALLOW . ALLOW RENTAL COMP. ALLOW INCOME 17 OMARI RAJABU KIGURUBU 014 land and 21,111,300.0 7,008,000.0 - 6,480,000.0 150,000.0 2,249,544.0 - 36,998,844.0 buildings 18 AMINA HAMAD MWANGU 015 land and 98,714,880.0 11,205,000.0 63,000.0 5,400,000.0 150,000.0 8,798,630.4 - 124,331,510. buildings 4 19 NGUNGU SAIDI NGUNGU 016 land and 38,394,864.0 12,675,000.0 21,800.0 6,480,000.0 150,000.0 4,087,333.1 - 61,808,997.1 buildings 0 0 20 21 AZIZA HASSAN MAKAME 018 land and 28,474,920.0 5,992,000.0 - 5,400,000.0 150,000.0 2,757,353.6 - 42,774,273.6 buildings 0 22 WILIBAD KAMAYANGO 019 land and 101,668,050. 49,995,000.0 640,500.0 6,480,000.0 150,000.0 12,184,284. - 171,117,834. RUGAIKA buildings 0 0 0 23 RAMADHANI SAIDI 020 land and 19,867,400.0 4,760,000.0 - 5,400,000.0 150,000.0 1,970,192.0 - 32,147,592.0 LUBALATI buildings 24 BILAS GERVAS MANGALE 021 land and 75,776,085.0 19,695,000.0 40,000.0 7,560,000.0 150,000.0 7,640,886.8 - 110,861,971. buildings 8 25 MWALIMU AHMAD JOSHI 022 land and 8,964,480.0 1,392,000.0 - 3,240,000.0 150,000.0 828,518.4 - 14,574,998.4 buildings 26 26 STAMIL SALUM 023 land and 13,965,000.0 7,600,000.0 116,000.0 4,320,000.0 150,000.0 1,734,480.0 - 27,885,480.0 VIJICHENGA,MSIMAMIZI:OM buildings ARY SALUM OMARY 27 MBULULE JOHN NGOGO 024 land and 60,838,680.0 12,180,000.0 - 5,400,000.0 150,000.0 5,841,494.4 - 84,410,174.4 buildings 28 ANISET S. MASSERA 025 land and 20,036,100.0 8,360,000.0 154,000.0 5,400,000.0 150,000.0 2,284,008.0 - 36,384,108.0 buildings 29 ROSE KYANDO 026 land and 47,404,857.5 16,520,000.0 - 21,600,000. 150,000.0 5,113,988.6 - 90,788,846.1 buildings 0 30 DOMINIC PHILIPO 027 land and 12,237,750.0 9,000,000.0 312,850.0 5,400,000.0 150,000.0 1,724,048.0 - 28,824,648.0 buildings 31 SAID RASHID MCHEZO 028 land and 21,226,800.0 17,120,000.0 463,400.0 5,400,000.0 150,000.0 3,104,816.0 - 47,465,016.0 buildings 0

32 MARIAM MZEE ABDALLAH 029 land and 34,549,312.0 28,100.00 8,640,000. 12,187,500. 150,000.0 3,741,193.0 - 59,296,105.0 buildings 0 0

33 MOHAMED NASSORO 030 land and 45,952,160.0 13,635,000.0 36,000.0 7,560,000.0 150,000.0 4,769,852.8 - 72,103,012.8 DIKOKONA buildings 34 NASSOR KONDO SELEMAN 031 land and 26,526,150.0 4,000,000.0 - 7,560,000.0 150,000.0 2,442,092.0 - 40,678,242.0 buildings 35 IDD NASSORO KONDO 032 land and 5,792,850.0 3,626,000.0 34,500.0 2,160,000.0 150,000.0 756,268.0 - 12,519,618.0 buildings

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36 SHABAN HABIB &ABDUL 033 land and 35,893,900.0 9,240,000.0 775,500.0 6,480,000.0 150,000.0 3,672,752.0 - 56,212,152.0 HABIB buildings

S/N OWNER’S NMES VAL. TYPE OF BUILDING PLOT CROP ACCOMO. TRANSP. DISTUR. LOSS OF TOTAL. NO PROPERTY VALUE VALUE VALUE ALLOW ALLOW ALLOW RENTAL COMP. INCOME 37 AUDIFASI XSAVERY 034 land and 39,512,160.0 6,840,000.0 8,000.0 8,640,000.0 150,000.0 3,708,812.8 3,600,000.0 62,458,972.8 KIMARO buildings 38 SAYUNI NELSON 035 - 3,759,500.0 - - - 300,760.0 - 4,060,260.0 PALANGYO 39 ISAYA ANDREW 036 land and 36,810,000.0 11,872,000.0 13,000.0 7,560,000.0 150,000.0 3,895,600.0 - 60,300,600.0 MFUNGAHEMA buildings 40 ZAITUNI AYUBU 037 land and 26,435,808.0 5,280,000.0 - 7,560,000.0 150,000.0 2,537,264.6 - 41,963,072.6 MAHALA buildings 41 CONRAD JOHN NOYA 038 land and 28,075,950.0 25,844,000.0 - 5,400,000.0 150,000.0 4,313,596.0 - 63,783,546.0 buildings 42 JOHN CHARLES 039 land and 58,250,016.0 17,342,000.0 20,000.0 8,640,000.0 150,000.0 6,048,961.3 - 90,450,977.3 BUHANZA buildings 43 MOHAMED HASSAN 040 land and 27,868,932.0 6,600,000.0 - 8,640,000.0 150,000.0 2,757,514.6 - 46,016,446.6 NYERERE buildings 44 ZAHORO OMARY RAJAB 041 land and 38,025,624.0 8,452,500.0 - 6,480,000.0 150,000.0 3,718,249.9 - 56,826,373.9 buildings 45 NO NAME FOUND 043 land and 25,773,300.0 7,452,000.0 13,000.0 5,760,000.0 150,000.0 2,659,064.0 - 41,807,364.0 buildings 46 HASSAN MAULID 044 land and 33,693,156.0 5,850,000.0 - 7,200,000.0 150,000.0 3,163,452.5 - 50,056,608.5 BUMBULI buildings 47 NO NAME FOUND 045 land and 85,924,800.0 2,200,000.0 - - 150,000.0 7,049,984.0 - 95,324,784.0 buildings 48 IDD JUMA PENZA 046 land and 136,212,210.0 22,260,000.0 259,000.0 43,200,000.0 150,000.0 12,698,496.8 - 214,779,706.8 buildings 49 OSWARD PIUS KITALY 047 - 20,884,500.0 279,000.0 - 150,000.0 1,693,080.0 - 23,006,580.0 50 SOUZ SAID ZANDA 048 land and 32,951,016.0 8,140,500.0 30,000.0 8,640,000.0 150,000.0 3,289,721.3 - 53,201,237.3 buildings 51 MASHAKA HABIBU 049 land and 55,833,750.0 15,087,500.0 - 18,000,000.0 150,000.0 5,673,700.0 - 94,744,950.0 MVOGOGO buildings 52 SALVATA OSWARD 050 land and 29,771,680.0 6,630,000.0 - 7,560,000.0 150,000.0 2,912,134.4 - 47,023,814.4 LASWAY buildings 53 OSWARD PIUS KITALY 051 land and 40,520,480.0 12,600,000.0 205,000.0 7,560,000.0 150,000.0 1,055,062.5 - 62,090,542.5 buildings

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S/N OWNER’S NMES VAL.NO TYPE OF BUILDIN PLOT CROP ACCOMO. TRANSP. DISTUR. LOSS OF TOTAL. PROPERTY G VALUE VALUE VALUE ALLOW ALLOW ALLOW RENTAL COMP. INCOME 54 JUMA SAID MVOGOGO 052 land and 50,500,800. 14,392,500.0 234,000.0 14,400,000.0 150,000.0 1,055,062.5 - 80,732,362.5 buildings 0 55 HARRY OFFORO 053 land and 35,513,380. 16,720,000.0 - 6,480,000.0 150,000.0 1,055,062.5 7,200,000.0 67,118,442.5 MAKULE buildings 0 56 SERIKALI YA MTAA 054 land and 1,500,000.0 - - - - 120,000.0 - 1,620,000.0 buildings 57 SEIF SAID MAGAIRA 055 land and 24,318,000. 7,500,000.0 25,000.0 10,800,000.0 150,000.0 1,055,062.5 - 43,848,062.5 buildings 0 58 ALLY MOHAMED MUBA 056 land and 30,035,250. 9,200,000.0 137,450.0 5,400,000.0 150,000.0 1,055,062.5 - buildings 0 45,977,762.5 59 KALEBI NASSORO 057 land and 20,465,550. 4,875,000.0 - 4,320,000.0 150,000.0 1,055,062.5 - 30,865,612.5 SHANGO buildings 0 60 JUMA ALLY SULTANI 058 land and 33,300,000. 7,800,000.0 - 6,480,000.0 150,000.0 1,055,062.5 - 48,785,062.5 buildings 0 61 ZEUGY BONYAMBA 059 land and 32,805,400. 9,500,000.0 13,000.0 9,720,000.0 150,000.0 1,055,062.5 - - GEORGE MTUGANI buildings 0 53,243,462.5 62 ASHA ABDALAH ZOO 060 land and 22,923,000. 5,525,000.0 234,000.0 3,600,000.0 150,000.0 1,055,062.5 - 33,487,062.5 buildings 0 63 SEIF ALLY ZOO 061 land and 32,278,500. 15,000,000.0 - 8,640,000.0 150,000.0 1,055,062.5 - 57,123,562.5 buildings 0 64 HAMIS MATOLA 062 land and 2,800,000.0 6,750,000.0 - - - 1,055,062.5 - 10,605,062.5 HOSSEN buildings 65 SCHOLASTICA 063 land and 26,233,200. 6,474,000.0 - 7,560,000.0 150,000.0 2,616,576.0 - 43,033,776.0 HIEROMUS MAGUBIKA buildings 0 66 EDINGTHON MOSES 064 land and 29,925,000. 6,800,000.0 - 8,640,000.0 150,000.0 2,938,000.0 - 48,453,000.0 MARO buildings 0

67 JOHN UZIEI MTOI 065 land and 30,780,000. 4,947,000.0 - 8,640,000.0 150,000.0 2,858,160.0 - buildings 0 47,375,160.0 68 OTHMAR NICOLAI 066 land and 12,269,250. 10,266,000.0 - 7,560,000.0 150,000.0 1,802,820.0 - 32,048,070.0 CHIWEKA buildings 0

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S/N OWNER’S NMES VAL.NO TYPE OF BUILDING PLOT CROP ACCOMO. TRANSP. DISTUR. LOSS OF TOTAL. PROPERTY VALUE VALUE VALUE ALLOW ALLOW ALLOW RENTAL COMP. INCOME 69 NICHOLAI OTHMAN 067 land and 979,200.0 12,760,000.0 - 1,080,000.0 150,000.0 1,099,136.0 - 16,068,336.0 CHIWEKA buildings 70 IDD MOHAMED 068 land and 35,931,600.0 5,940,000.0 - 8,640,000.0 150,000.0 3,349,728.0 - 54,011,328.0 MAKUNJA buildings 71 ERASTO FRED 069 land and 37,490,701.5 8,037,000.0 - 8,640,000.0 150,000.0 3,642,216.1 - 57,959,917.6 MREMA buildings 72 SHABANI KILENGA 070 land and 27,489,200.0 9,700,000.0 - 6,480,000.0 150,000.0 2,975,136.0 - 46,794,336.0 NCHIMBA buildings 73 MARY COLNEL 071 Plot - 5,238,000.0 45,600.0 - 150,000.0 422,688.0 - 5,856,288.0 KOMEKESHA 74 SALUM ALLY 072 land and 29,605,800.0 4,331,000.0 - 6,480,000.0 150,000.0 2,714,944.0 - 43,281,744.0 MNAMBA buildings

75 ABIBA ALLY MPULU 073 land and 45,988,362.0 13,200,000.0 55,000.0 14,040,000.0 150,000.0 4,739,469.0 - 78,172,831.0 buildings 76 JEAN MANDA OMBA 074 land and 24,214,400.0 6,420,000.0 - 5,400,000.0 150,000.0 2,450,752.0 - 38,635,152.0 buildings 77 AGATHA MANDA 075 land and 10,284,750.0 8,319,000.0 257,500.0 1,080,000.0 150,000.0 1,508,900.0 - 21,600,150.0 OMBA buildings 78 CHRISPIAN AMRI 076 land and 22,913,100.0 10,868,000.0 7,000.0 6,480,000.0 150,000.0 2,703,048.0 - 43,121,148.0 buildings 79 SHABANI IBRAHIM 077 land and 19,630,800.0 7,788,000.0 - 5,400,000.0 150,000.0 2,193,504.0 - 35,162,304.0 MTENYI buildings 80 MWAJUMA KHALID 078 land and 3,418,800.0 4,446,000.0 38,700.0 1,080,000.0 150,000.0 632,280.0 - 9,765,780.0 CHAMBEYA buildings 81 RICHARD ELIMSINGI 079 land and 4,860,000.0 6,030,000.0 35,000.0 2,160,000.0 150,000.0 874,000.0 - 14,109,000.0 LASAKA buildings 82 JUMA SAIDI 080 land and 37,938,915.0 8,240,000.0 20,000.0 7,560,000.0 150,000.0 3,695,913.2 - 57,604,828.2 MVOGOGO buildings 83 SHOMARI SAID 082 land and 28,350,000.0 7,800,000.0 - 9,720,000.0 150,000.0 2,892,000.0 - 48,912,000.0 MZEZELE buildings 84 SAUDA SAID 083 land and 27,846,000.0 7,437,500.0 254,000.0 5,400,000.0 150,000.0 2,843,000.0 - 43,930,500.0 KALANGO buildings 85 MAMA SHABANI 084 land and 13,806,000.0 4,812,500.0 - 3,600,000.0 150,000.0 1,489,480.0 - 23,857,980.0 SELEMANI buildings 86 MGOGORO- 085 land and 5,400,000.0 26,000.0 3,240,000.0 150,000.0 1,800,958.2 - 27,702,936.2 MJUMBE:SEIF ZOO buildings 17,085,978.0 87 GEREMANA IVON 086 land and 26,325,000.0 4,900,000.0 - 4,320,000.0 150,000.0 2,498,000.0 - -38,193,000.0 KIMARO buildings 88 MOHAMEDI OMARY 087 land and 10,773,000.0 3,825,000.0 350,000.0 3,240,000.0 150,000.0 1,195,840.0 - 19,533,840.0 BUNGALA buildings 89 OMARY ABDALAH 088 land and 10,800,000.0 4,000,000.0 - 4,320,000.0 150,000.0 1,184,000.0 - 20,454,000.0 BUNGALA buildings

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S/N OWNER’S NMES VAL.NO TYPE OF BUILDING PLOT CROP ACCOMO. TRANSP. DISTUR. LOSS OF TOTAL. PROPERTY VALUE VALUE VALUE ALLOW ALLOW ALLOW RENTAL COMP. INCOME 90 MUSA SHABANI 089 land and 42,148,836.0 8,645,000.0 - 7,560,000.0 150,000.0 4,063,506.9 - 62,567,342.9 KILUVYA buildings 91 MECKSON GODFREY 090 land and 18,583,565.0 1,820,000.0 - 2,880,000.0 150,000.0 1,632,285.2 - 25,065,850.2 MBOYA buildings 92 KREKAMOO WILLIAM 090 land and 16,200,000.0 2,800,000.0 - 2,880,000.0 150,000.0 1,520,000.0 - 23,550,000.0 buildings 93 AYUBU ISMAIL RAJABU 091 land and 31,520,580.0 10,500,000.0 - 12,600,000.0 150,000.0 3,361,646.4 - 58,132,226.4 buildings 94 ABDALAH SELEMANI 092 land and 59,020,239.6 10,725,000.0 718,000.0 5,400,000.0 150,000.0 5,637,059.2 - 81,650,298.8 PAZI buildings 95 HARRY OFORO 093 land and 59,391,036.0 12,320,000.0 - 18,000,000.0 150,000.0 5,736,882.9 - 95,597,918.9 MAKULE buildings 96 NEEMA JAMES GAGA 094 land and 53,588,808.0 11,000,000.0 - 11,880,000.0 150,000.0 5,167,104.6 - 81,785,912.6 buildings 97 JUSTINE KAMOTA 095 land and 33,105,600.0 9,500,000.0 3,500.0 6,480,000.0 150,000.0 3,408,728.0 - 52,647,828.0 MSHWAMU buildings 98 98 HEAVEN J. NGOWO 096 land and 43,875,000.0 9,750,000.0 26,000.0 1,080,000.0 150,000.0 4,292,080.0 - 59,173,080.0 buildings 99 HALIMA MOHAMEDI 097 land and 38,430,000.0 7,187,500.0 - 6,480,000.0 150,000.0 3,649,400.0 - 55,896,900.0 MUSA buildings 100 DAMARIS JOSHUA 098 land and 83,843,200.0 12,500,000.0 326,400.0 3,600,000.0 150,000.0 7,733,568.0 - 108,153,168.0 MASSABA buildings 101 NORASCO SANGA 099 land and 30,468,420.0 27,202,500.0 13,000.0 10,800,000.0 150,000.0 4,614,713.6 - 73,248,633.6 buildings 102 FRORA GIPSON MKONY 100 land and 66,030,976.0 12,360,000.0 - 23,400,000.0 150,000.0 6,271,278.1 10,800,000.0 119,012,254.1 buildings 103 FATUMA SELEMAN 101 land and 11,602,350.0 20,604,000.0 13,700.0 4,320,000.0 150,000.0 2,577,604.0 - 39,267,654.0 JONGO buildings 104 GODFREY GEORGE 102 land and 25,380,000.0 5,187,000.0 - 8,640,000.0 150,000.0 2,445,360.0 - 41,802,360.0 SABAYA buildings 105 SOKO 103 land and 3,924,450.0 4,500,000.0 - - 150,000.0 673,956.0 - 9,248,406.0 buildings 107 THOMAS NICHOLOUS 105 land and 49,078,789.2 12,155,000.0 - 12,960,000.0 150,000.0 4,898,703.1 - 79,242,492.3 MAPUNDA buildings 108 FORTUNATUS 106 land and 40,367,160.0 12,112,500.0 - 8,640,000.0 150,000.0 4,198,372.8 - 65,468,032.8 WANZARA MKAMA buildings

138

S/N OWNER’S NMES VAL.N TYPE OF BUILDING PLOT CROP ACCOMO. TRANSP. DISTUR. LOSS OF TOTAL. O PROPERTY VALUE VALUE VALUE ALLOW ALLOW ALLOW RENTAL COMP. INCOME 109 DORICE ALEX MGAMBO 107 land and 29,271,088.0 4,515,000.0 - 6,480,000.0 150,000.0 2,702,887.0 - 43,118,975.0 buildings 110 SARA JOHN LUGOME 108 land and 24,232,824.0 7,638,000.0 - 4,320,000.0 150,000.0 2,549,665.9 - 38,890,489.9 buildings 111 RASHID ATHUMAN 109 land and 26,476,417.8 8,549,000.0 - 8,640,000.0 150,000.0 2,802,033.4 - 46,617,451.2 CHUMA buildings 112 SULEMANI MWINYI 110 land and 10,764,000.0 2000.0,190 - - 150,000.0 1,036,320.0 - 14,140,320.0 MBEGU CHUMA buildings 113 GODLOVE HERONIMUS 112 land and 51,250,815.0 21,400,000.0 234,000.0 8,640,000.0 150,000.0 5,830,785.2 - 87,505,600.2 MAGUBIKA buildings 114 AGATA SAIMON 113 land and 8,413,200.0 4,307,000.0 - 2,160,000.0 150,000.0 1,017,616.0 - 16,047,816.0 MBEWEKA buildings 115 JUSTIN FREDNARD 114 land and 13,076,100.0 5,310,000.0 - 2,160,000.0 150,000.0 1,470,888.0 - 22,166,988.0 MWABILA buildings 116 LATIFA ALLY 115 land and 7,352,100.0 2,622,000.0 - 1,080,000.0 150,000.0 797,928.0 - 12,002,028.0 LUBAMANDE buildings 117 JUMA ALLY 116 land and 427,500.0 14,500,000.0 324,900.0 11,880,000.0 150,000.0 1,220,192.0 - 28,502,592.0 LUBAMANDE buildings 118 SELEMAN SALUM 117 land and 97,762,500.0 8,415,000.0 - 9,720,000.0 150,000.0 8,494,200.0 - 124,541,700. MLENZI buildings 0 119 MWISHO SHOMARI 118 land and 17,403,750.0 6,450,000.0 - 10,080,000.0 150,000.0 1,908,300.0 - 35,992,050.0 LUGOME buildings 120 REHEMA SAID 119 land and 27,090,000.0 11,660,000.0 - 2,160,000.0 150,000.0 3,100,000.0 - 44,160,000.0 MVOGOGO buildings 121 HENRY ISMAIL 120 land and 35,177,120.0 6,696,000.0 - 75,600,000.0 150,000.0 3,349,849.6 - 120,972,969. MWANZALIMA buildings 6 122 Photo only 121 123 RIDHIWANI YUSUFU 122 land and 31,436,640.0 5,040,000.0 20,000.0 - 150,000.0 2,919,731.2 - 39,566,371.2 LASHKONI buildings 124 REVOCATUS RASPICK 123 land and 90,055,350.0 16,037,000.0 - 18,360,000.0 150,000.0 8,487,388.0 - 133,089,738. TARIMO buildings 0 125 PROSPER PIUS KITALI 124 land and 60,410,880.0 10,914,000.0 - - 150,000.0 5,705,990.4 10,800,000.0 87,980,870.4 buildings 126 MOHAMED MAULIDI 125 land and 38,886,750.0 6,172,500.0 - 21,600,000.0 150,000.0 3,604,740.0 - 70,413,990.0 MTONGA buildings 127 SIMFON SHIJA 126 land and 13,860,000.0 8,964,000.0 - - 150,000.0 1,825,920.0 - 24,799,920.0 LUHEGANGULU buildings

139

S/N OWNER’S NMES VAL.NO TYPE OF BUILDING PLOT CROP ACCOMO. TRANSP. DISTUR. LOSS OF TOTAL. PROPERTY VALUE VALUE VALUE ALLOW ALLOW ALLOW RENTAL COMP. INCOME 128 BAHATI JUMA HUSSEIN 127 land and 22,588,650.0 7,345,000.0 32,300.0 17,640,000.0 150,000.0 2,397,276.0 - 50,153,226.0 buildings 129 THADEUS AUGUSTINE 128 land and 34,332,100.0 7,738,000.0 36,100.0 21,600,000.0 150,000.0 3,368,496.0 - 67,224,696.0 NJUU buildings 130 NEEMA RAPHAEL 129 land and 64,574,334.0 15,264,000.0 72,000.0 6,480,000.0 150,000.0 6,392,826.7 - 92,933,160.7 KIMARIO buildings 131 ALEX ONESPHORY 130 land and 54,496,750.0 25,650,000.0 818,400.0 12,960,000.0 150,000.0 6,477,212.0 - 100,552,362.0 MOSHA buildings 132 Photo only 131 133 133 MARIA BULEMELA 132 land and 40,005,000.0 13,148,000.0 15,000.0 7,200,000.0 150,000.0 4,253,440.0 - 64,771,440.0 MPEMBA buildings 134 JUMA SAIDI DIOGO 133 land and 33,735,240.0 7,738,000.0 - 5,400,000.0 150,000.0 3,317,859.2 - 50,191,099.2 buildings 135 ROSE DASTANI MHINA – 134 land and 38,264,845.5 6,987,000.0 - 6,480,000.0 150,000.0 3,620,147.6 - 55,351,993.1 No photo buildings 136 WANAHERI 135 land and 82,455,975.0 12,220,000.0 - 5,400,000.0 150,000.0 7,574,078.0 - 107,650,053.0 RAMADHANI NYALUSI buildings 137 VERONICA GABRIEL land and 43,375,500.0 6,000,000.0 57,800.0 4,320,000.0 150,000.0 3,954,664.0 - 57,707,964.0 MMOLE 136 buildings 138 ASHA SAIDI LINGOLA 137 land and 20,268,360.0 4,140,000.0 - 4,500,000.0 150,000.0 1,952,668.8 - 30,861,028.8 buildings 139 139 TERESIA ANTONY 139 land and 34,853,490.0 8,410,000.0 - 8,640,000.0 150,000.0 3,461,079.2 - 55,364,569.2 MREMA buildings 140 CHRISTOPHER RAFAEL 140 land and 13,215,069.0 4,216,000.0 - 3,240,000.0 150,000.0 1,394,485.5 - 22,065,554.5 KULULINDA buildings 141 HELENA DASTAN 141 land and 13,226,976.0 3,425,000.0 20,000.0 4,320,000.0 150,000.0 1,333,758.1 - 22,325,734.1 MHINA buildings

142 MOHAMMED SALUM 142 land and 24,545,430.0 12,650,000.0 24,000.0 5,400,000.0 150,000.0 2,977,554.4 - 45,596,984.4 MWATANYA buildings 143 GODLISEN ONESFORO 143 land and 25,685,100.0 6,500,000.0 287,000.0 5,400,000.0 150,000.0 2,597,768.0 - 40,469,868.0 MOSHA buildings 144 GRACE GEORGE 144 land and 24,902,640.0 5,052,000.0 - 3,240,000.0 150,000.0 2,396,371.2 - 35,591,011.2 MAGEMBE buildings

140

S/N OWNER’S NMES VAL.NO TYPE OF BUILDING PLOT CROP ACCOMO. TRANSP. DISTUR. LOSS OF TOTAL. PROPERTY VALUE VALUE VALUE ALLOW ALLOW ALLOW RENTAL COMP. INCOME 145 SAMSONI GODLISEN 145 land and 15,309,000.0 2,400,000.0 45,000.0 2,160,000.0 150,000.0 1,420,320.0 - 21,334,320.0 MOSHA buildings 146 FERDINANDA FURUGE 146 land and 850,500.0 8,844,500.0 - 1,080,000.0 150,000.0 775,600.0 - 11,550,600.0 buildings 147 THOMS MAULIDI MDEKA 147 land and 26,084,835.0 4,582,500.0 - 8,640,000.0 150,000.0 2,453,386.8 18,000,00 59,760,721.8 buildings 0.0 148 MAULIDI MOHAMMED 148 land and 39,827,700.0 11,078,000.0 - 8,640,000.0 150,000.0 4,072,456.0 - MDEKA buildings 63,618,156.0 149 ALEX ONESFORO 149 land and 12,757,500.0 1,500,000.0 - 2,160,000.0 150,000.0 1,140,600.0 - MOSHA buildings 17,558,100.0 150 DAMIAN MAYEGA 151 land and 50,668,537.5 11,200,000.0 - 6,480,000.0 150,000.0 4,949,483.0 7,200,000. 80,498,020.5 GULTY buildings 0 151 151 DEOGRATIUS 150 land and 119,031,727.5 11,960,000.0 - 5,400,000.0 150,000.0 10,479,338.2 - 146,871,065. FRANCIS MAPUNDA buildings 7 152 KURWA SAMSONI MTUA 153 land and 56,662,200.0 11,125,000.0 - 8,640,000.0 150,000.0 5,422,976.0 - 81,850,176.0 buildings 153 NGEREZA ISSA LUHONJE 154 land and 22,156,942.5 4,656,000.0 3,500.0 4,320,000.0 150,000.0 2,145,315.4 - 33,281,757.9 buildings 154 AZIZA JUMA MZEE 155 land and 14,189,175.0 8,265,000.0 56,200.0 8,640,000.0 150,000.0 1,800,830.0 32,400,00 65,351,205.0 buildings 0.0 155 KHADIJA NASSOR 156 land and 42,858,585.0 15,482,500.0 41,000.0 10,800,000.0 150,000.0 4,670,566.8 - 74,002,651.0 MZERU buildings 156 156 OMARY AMIR JUMA 157 land and 19,358,797.5 5,060,000.0 - 4,320,000.0 150,000.0 1,953,503.8 - 30,842,301.3 buildings 157 AMINA 158 land and 14,033,250.0 3,162,000.0 - 2,160,000.0 150,000.0 1,375,620.0 1,800,000. 22,530,870.0 ATHUMANI DEMAMU buildings 0 158 158 ABDUL SELEMANI 159 land and 57,566,092.5 32,130.0 40,800.0 5,400,000.0 150,000.0 4,611,121.8 - 67,650,144.3 MBEGU buildings 159 MSAIMON NTABUDYO 160 land and 36,095,220.0 9,200,000.0 - 5,400,000.0 150,000.0 3,623,617.6 - 54,318,837.6 buildings 160 MWINYISHEHE JUMA 161 land and 39,505,725.0 13,119,000.0 54,000.0 4,320,000.0 150,000.0 4,214,298.0 - 61,213,023.0 buildings 161 ALOYCE ANTONY 162 land and 11,448,000.0 13,815,000.0 175,000.0 2,160,000.0 150,000.0 2,035,040.0 - 29,783,040.0 MONGOSONGO buildings

141

S/N OWNER’S NMES VAL.NO TYPE OF BUILDING PLOT CROP ACCOMO. TRANSP. DISTUR. LOSS OF TOTAL. PROPERTY VALUE VALUE VALUE ALLOW ALLOW ALLOW RENTAL COMP. INCOME 162 NICHOLOUS ANTONY 163 land and 57,435,840.0 13,815,000.0 21,000.0 5,400,000.0 150,000.0 5,701,747.2 1,800,000.0 84,323,587.2 MONGOSONGO buildings 163 HAMIDU RASHIDI 164 land and 29,540,250.0 5,720,000.0 - 3,240,000.0 150,000.0 2,820,820.0 7,200,000.0 48,671,070.0 KISUGUDO buildings 164 NIYONI ZIGIKE ASTRIDA 165 land and 93,366,157.5 26,390,000.0 - 11,880,000.0 150,000.0 9,580,492.6 - 141,366,650.1 ANICET buildings 165 NAMERA GROUP OF 166 land and 27,356,332.5 9,135,000.0 - 6,480,000.0 150,000.0 2,919,306.6 - 46,040,639.1 CMPANIES buildings 166 NAMERA GROUP OF 167 land and 39,344,130.0 14,175,000.0 26,000.0 2,160,000.0 150,000.0 4,283,610.4 32,400,000.0 92,388,740.4 COMPANIES buildings 167 FREDRICK E. ASSERY 168 land and 47,696,040.0 9,912,000.0 - 6,480,000.0 150,000.0 4,608,643.2 - 68,696,683.2 buildings 168 SALIM HATOR AND 169 land and 56,571,480.0 13,970,000.0 13,000.0 8,640,000.0 150,000.0 5,644,358.4 10,800,000.0 95,638,838.4 BI.REHEMA KHALFAN buildings 169 SAMBALE NDOSHA 170 land and 77,072,310.0 18,415,000.0 228,000.0 5,400,000.0 150,000.0 7,657,224.8 10,800,000.0 119,572,534.8 LUHEMEJA buildings 170 FATUMA Y.TALIAN 171 land and 28,895,737.5 7,055,000.0 - 3,240,000.0 150,000.0 2,876,059.0 10,800,000.0 52,866,796.5 buildings 171 ABBAS MOHAMMED 172 land and 41,470,380.0 9,717,000.0 - 6,480,000.0 150,000.0 4,094,990.4 18,000,000.0 79,762,370.4 MKUDE buildings 172 ZAITUNI RASHIDI 173 land and 77,000,017.5 13,635,000.0 - 10,800,000.0 150,000.0 7,250,801.4 9,000,000.0 117,685,818.9 MAGOMBE buildings 173 JOSEPH MTEFU MOWO 174 Land - 11,250,000.0 - - - 900,000.0 - 12,150,000.0

174 JOHN THOMAS 175 land and 75,498,885.0 18,000,000.0 - 12,960,000.0 150,000.0 7,479,910.8 - 113,938,795.8 MGENDERA buildings

175 HAPPINESS 176 land and 107,022,667.5 36,100,000.0 - 9,000,000.0 150,000.0 11,449,813.4 3,600,000.0 167,322,480.9 BAYAGA,SOPHIA buildings BAYAGA AND BEATREACE B. BARUTI 176 SARA ISAME CHACHA 177 land and 45,183,600.0 21,450,000.0 - 9,720,000.0 150,000.0 5,330,688.0 - 81,684,288.0 buildings 177 ATHUMAN SAIDI MDETE 178 land and 43,588,125.0 21,350,000.0 175,000.0 7,560,000.0 150,000.0 5,209,050.0 - 77,882,175.0 buildings 178 YAHYA ATHUMANI 179 land and 11,801,160.0 2,915,000.0 54,000.0 2,160,000.0 150,000.0 1,181,612.8 - 18,111,772.8 MDETE buildings 179 RASHID ATHUMAN 180 land and 10,636,920.0 7,626,000.0 3,240,000 - 150,000.0 1,461,033.6 - 22,963,953.6 buildings .0 180 AKILINA HAJI SHEKIHIO 181 land and 14,367,780.0 8,525,000.0 - 4,320,000.0 150,000.0 1,831,422.4 - 29,044,202.4 buildings 181 SIMBO ANINY SAWE 182 land and 42,580,282.5 18,487,500.0 88,000.0 8,640,000.0 150,000.0 4,892,462.6 - 74,688,245.1 buildings

142

S/N OWNER’S NMES VAL.NO TYPE OF BUILDING PLOT CROP ACCOMO. TRANSP. DISTUR. LOSS OF TOTAL. PROPERTY VALUE VALUE VALUE ALLOW ALLOW ALLOW RENTAL COMP. INCOME 182 MAGUNO HAMISI 183 land and 35,248,972.5 14,375,000.0 - 4,320,000.0 150,000.0 3,969,917.8 18,000,000.0 75,913,890.3 MAGUNO buildings 183 MOHAMMED 184 land and 30,686,040.0 9,024,000.0 - 8,640,000.0 150,000.0 3,176,803.2 - 51,526,843.2 FORTUNAATUS KIWALE buildings 184 KADRI AHMED KADRI 185 land and 31,666,950.0 11,475,000.0 48,500.0 8,640,000.0 150,000.0 3,455,236.0 - 55,285,686.0 buildings 185 MARIAM JAMES KIKWA 186 land and 43,698,690.0 9,375,000.0 - 4,320,000.0 150,000.0 4,245,895.2 - 61,639,585.2 buildings 186 IMANI NGEMERA 187 land and 27,190,485.0 5,280,000.0 - 7,200,000.0 150,000.0 2,597,638.8 - 42,268,123.8 NDIHABI buildings

187 IGNACE PETER MOWO 188 land and 69,396,547.5 34,628,000.0 394,000.0 8,640,000.0 150,000.0 8,353,483.8 - 121,412,031.3 buildings 188 FORTUNATA 189 land and 51,468,615.0 15,864,000.0 48,000.0 7,560,000.0 150,000.0 5,390,449.2 - 80,331,064.2 SOSTENENCE LUBIMBI buildings 189 OMARY ADAM OMARY 190 land and 8,573,040.0 14,250,000.0 - 3,240,000.0 150,000.0 1,825,843.2 - 27,888,883.2 buildings 190 MWAJABU MOHAMMED 191 land and 37,507,050.0 18,525,000.0 11,600.0 1,080,000.0 150,000.0 1,055,062.5 - 58,178,712.5 MUYA buildings 191 JUMA SAIDI MVOGOGO 192 land and 12,693,712.5 11,781,000.0 3,500.0 2,160,000.0 150,000.0 1,055,062.5 - 27,693,275.0 buildings 192 DUNIA MZEE MVOGOGO 193 No photo and 46,713,500.0 - - - - 1,055,062.5 - 47,768,562.5 property shown 193 NOEL PETER NDONDE 194 land and 7,938,000.0 11,390,000.0 10,000.0 2,160,000.0 150,000.0 1,055,062.5 - 22,703,062.5 buildings 194 SHABANI WILLIAM 195 land and 36,378,720.0 9,350,000.0 114,000.0 5,400,000.0 150,000.0 1,055,062.5 - 52,447,782.5 MSINDE NA SITI MSINDE buildings 195 HASSAN MOHAMMED 196 land and 25,269,300.0 8,745,000.0 - 2,160,000.0 150,000.0 1,055,062.5 - 37,379,362.5 MDUGI buildings 196 SAREHE ATHUMANI 197 land and 42,210,000.0 6,350,000.0 13,500.0 5,400,000.0 150,000.0 1,055,062.5 - 55,178,562.5 KIHIMBWA buildings

197 HALIMASHAURI YA 199 land and 13,806,450.0 14,578,000.0 404,000.0 2,160,000.0 150,000.0 1,055,062.5 - 32,003,512.5 MANISPAA YA ILALA buildings 198 199 HUSSEIN SAID OMARY 201 land and 31,094,280.0 12,525,000.0 302,400.0 7,560,000.0 150,000.0 3,513,734.4 - 54,995,414.4 buildings 200 MANENO JUMA SAIDI 202 land and 26,195,400.0 6,750,000.0 72,000.0 6,480,000.0 150,000.0 2,641,392.0 - 42,138,792.0 buildings

143

S/N OWNER’S NMES VAL.NO TYPE OF BUILDING PLOT CROP ACCOMO. TRANSP. DISTUR. LOSS OF TOTAL. PROPERTY VALUE VALUE VALUE ALLOW ALLOW ALLOW RENTAL COMP. INCOME 201 VICTORIA MSHAMU 203 land and 4,762,800.0 6,300,000.0 25,000.0 1,080,000.0 150,000.0 887,024.0 - 13,054,824.0 MKUNDI buildings 202 LYDIA DAMSON MALILA 204 land and 74,745,990.0 20,962,500.0 29,000.0 7,560,000.0 150,000.0 7,658,999.2 - 110,956,489.2 AND LADWICK ELIMHOO buildings KIWERO 203 ANTONY FAUSTINE 205 land and 21,951,405.0 7,500,000.0 25,250.0 1,800,000.0 150,000.0 2,358,132.4 - 33,634,787.4 MHAWI buildings 204 JOHN CHIRUNGURA 206 land and 22,963,500.0 3,600,000.0 130,000.0 3,240,000.0 150,000.0 2,135,480.0 - 32,068,980.0 KADANGANYIKA buildings 205 MWASHURUTI JUMA 207 land and 32,568,480.0 8,925,000.0 - 6,480,000.0 150,000.0 3,319,478.4 - 51,292,958.4 DHAHABU buildings 206 LAURENCE PAUL KILO 208 land and 22,543,920.0 6,600,000.0 26,350.0 3,240,000.0 150,000.0 2,333,621.6 - 34,743,891.6 AND AGNSS SALUM buildings MSUYA 207 LUMENI INOCENT 209 land and 46,771,357.5 11,400,000.0 - 8,640,000.0 150,000.0 4,653,708.6 3,600,000.0 75,065,066.1 ACHIMPOTA buildings 208 ZAIFU RASHID SEIF 210 land and 29,452,500.0 9,300,000.0 679,000.0 3,240,000.0 150,000.0 3,154,520.0 10,800,000.0 56,626,020.0 buildings 209 AYUBU ALLY MNANGWA 211 land and 31,320,000.0 10,800,000.0 14,000.0 9,720,000.0 150,000.0 3,370,720.0 - 55,374,720.0 buildings 210 MWANAHERI 212 land and 33,156,000.0 5,625,000.0 - 4,320,000.0 150,000.0 3,102,480.0 - 46,353,480.0 RAMADHANI NYALUSI buildings 211 MAO NCHEYE SONO 213 land and 69,120,000.0 15,000,000.0 252,000.0 7,560,000.0 150,000.0 6,749,760.0 - 98,831,760.0 buildings 212 SALUM OMARY MSONDE 214 land and 13,828,500.0 7,200,000.0 27,450.0 7,560,000.0 150,000.0 1,684,476.0 - 30,450,426. buildings

213 MWANA HAMISI 215 land and 38,442,600.0 5,700,000.0 13,000.0 7,560,000.0 150,000.0 3,532,448.0 - 55,398,048.0 MOHAMMED SUNGURA buildings 214 NEEMA SAMWEL 216 land and 40,143,600.0 9,715,000.0 3,000.0 6,480,000.0 150,000.0 3,988,928.0 - 60,480,528.0 MBWAWASI buildings 215 BAHATI MSHINDO 217 land and 60,480,000.0 11,900,000.0 13,300.0 7,560,000.0 150,000.0 5,791,464.0 - 85,894,764.0 KONDO buildings 216 RASHI AMEIR ABEID 219 land and 6,578,617.5 3,984,000.0 4,000.0 1,080,000.0 150,000.0 845,329.4 - 12,491,946.9 buildings 217 COSTA RICHARD 221 - 5,775,000.0 - - 150,000.0 462,000.0 3,600,000.0 9,987,000.0 MWANZILA 218 HADIJA MOHAMEDI 222 land and 15,675,000.0 4,500,000.0 - - 150,000.0 1,614,000.0 16,200,000.0 38,139,000.0 BWATAMO buildings 219 ABDALLAH BAHATI 223 land and 24,948,000.0 7,200,000.0 26,000.0 5,760,000.0 150,000.0 2,573,920.0 - 40,657,920.0 TURULA buildings 220 PILI SHABANI KACHIBO 224 land and 46,368,000.0 12,025,000.0 17,500.0 12960000.0 150000.0 4,672,840.0 - 76,193,340.00 buildings

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S/N OWNER’S NMES VAL.NO TYPE OF BUILDING PLOT CROP ACCOMO. TRANSP. DISTUR. LOSS OF TOTAL. PROPERTY VALUE VALUE VALUE ALLOW ALLOW ALLOW RENTAL COMP. INCOME 221 ABDUL MOHAMED 225 land - 7,700,000.0 98,000.0 - - 623,840.0 - 8,421,840.0 MVOGOGO 222 CAMEOIL PETROL STATION 226 ------223 MAGDALENA GASTON 227 land and 11,761,200.0 2,332,000.0 - 2,880,000.0 150,000.0 1,127,456.0 - 18,250,656.0 BAYAGA C/O BEATRICE buildings BENARD BARUTI 224 LEILA ABDALLAH 231 land and 17,316,585.0 5,400,000.0 - 3,240,000.0 150,000.0 1,817,326.8 - 27,923,911.8 MOHAMED buildings 0 225 SHABANI KILENGA 232 land and 28,198,170 17,478,500.0 242,800.0 7,200,000.00 150000.00 3,673,557.60 - 56,943,027.6 NCHIMBA buildings 0 0 0 226 LATIN JOHN DAMIAN 233 land and 7,696,920.0 1,029,000.0 - 2,160,000.0 150,000 698,073.6 - 11,583,993.6 buildings 227 ZAINA KASIM SEIF 234 land and 25,666,245.0 7,075,000.0 19,500.0 4,320,000.0 - 2,620,859.6 - 39,851,604.6 buildings 228 HARRY OFORO MAKULE 235 land and 11,205,810.0 5,967,000.0 - - 150,000.0 1,373,824.8 2,160,000.0 20,856,634.8 buildings 0 229 MBARAKA ALLY 236 land and 370,500.00 795,000.00 - - 150,000.0 93,240.00 540,000.00 1,948,740.00 MWINISHEHE buildings 0 230 ALLY MWINSHEHE ZABI 237 land and 31,354,785.0 7,994,500.0 44,900.0 7,560,000.0 150,000.0 3,151,534.8 - 50,255,719.8 buildings 231 HASSAN ALLY 238 land and 7,276,500.0 3,051,000.0 7,500.0 2,160,000.0 150,000.0 826,800.0 - 13,471,800.0 MWINSHEHE buildings 232 CONRAD NAIEWICHI 239 land and 51,302,790.0 23,625,000.0 - - 150,000.0 5,994,223.2 21,600,000. 102,672,013. MBUYA buildings 0 2 233 MWAZANI MFAUME 240 land and 31,530,537.5 11,281,500.0 263,000.0 6,480,000.0 150,000.0 3,446,003.0 - 53,151,040.5 KITEMBO buildings 234 FIKIRI MSHINDO KONDO 241 land and 15,492,015.0 6,600,000.0 237,500.0 1,440,000.0 150,000.0 1,786,361.2 2,160,000.0 27,865,876.2 buildings 235 LEONIDUS LAURIAN 242 No photo and 27,007,200.0 6,815,000.0 - 7,200,000.0 150,000.0 2,705,776.0 2,160,000.0 46,037,976.0 MACHUMI property shown 236 GRATION MUGANYIZI 243 land and 80,706,395.0 13,693,500.0 234,000.0 14,040,000.0 150,000.0 7,570,711.6 2,520,000.0 118,914,606. RUSETUKA buildings 6 237 AHMAD MOHAMED MASSA 244 land and 35,976,352.5 8,370,000.0 275,000.0 7,200,000.0 150,000.0 3,569,708.2 - 55,541,060.7 buildings 238 ABDALLAH MWINSHEHE 245 land and 28,745,640.0 7,730,000.0 - 6,480,000.0 150,000.0 2,918,051.2 - 46,023,691.2 ZABI buildings 239 MZIWANDA ABDALLAH 246 land and 9,202,270.0 2,816,000.0 - 2,160,000.0 150,000.0 961,461.6 - 15,289,731.6 MWINSHEHE buildings

240 MHINA HAMIS MUSA 247 land and 86,246,985.0 11,982,000.0 - 35,280,000.0 150,000.0 7,858,318.8 - 141,517,303. buildings 8 241 AZNATH ELISA SHAURI 248 land and 50,899,860.0 6,880,000.0 - 7,200,000.0 150,000.0 4,622,388.8 - 69,752,248.8 buildings 242 GEORGE PETER GYELLAH 248A Land - 11,252,000.0 - - - 900,160.0 - 12,152,160.0

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Sub Total 8,261,517,22 2,370,072,13 14,607,85 1,598,940,00 34,650,00 812,747,009. 298,260,00 13,390,794,2 6.6 0.0 0.0 0.0 0.0 3 0.0 15.90

SCHEDULE OF PAPs ALONG NYERERE ROAD, UHURU ROAD IN IALA MUNICIPALITY FOR COMPENSATION PURPOSE

S/ OWNER’S NMES LOCATIO TYPE OF BUILDING CROP LAND ACCOMO TRANSP. DISTUR. LOSS OF TOTAL. N N PROPERTY VALUE VALU VALUE . ALLOW ALLOW ALLOW RENTAL COMP. E INCOME 01 HATIB KWALO Uwanja wa part of garage 17,860,500 - 24,240,000 - 150,000 - 2,105,025 44,355,525 Ndege building

02 FATUMA ABDALAH Uwanja wa shop building 19,783,750 - 16,887,500 - 150,000 1,833,563 - 38,654,813 YUSUF Ndege 03 MASJID ALIF LAM MIM - Uwanja Wa mosque 121,173,780 - 20,857,500 - - 7,101,564 - 149,132,844 Ndege 04 KKKT UKONGA Ukonga land and - - 43,200,000 - - - 45,360,000 fence 2,160,000 05 JACKSON MLAWI Ukonga shop frame 4,050,000 - 2,250,000 - - - 315,000 6,615,000

06 YESAYA G. LORI Ukonga building 59,790,150 - 8,436,000 - 150,000 - 3,411,308 71,787,458

07 MSAFIRI ALLY MAKUKA Gongola building 22,058,400 - 8,777,500 - - - 1,541,795 32,377,695 mboto 08 FRED DAVIS RASHIDI Gongola building 20,223,280 - 9,611,500 - - 1,491,739 - 31,326,519 mboto 09 UKONGA Ukonga- land and 360,000 - 21,120,000 - - 1,074,000 - 22,554,000 RECREATION(MAGEREZA Magereza fence 10 REGIONAL COMMISIONER Ilala ILALA RC 11,167,200 - 105,750,000 - - 5,845,860 122,763,060 BOUNDAR Y WALL Sub Total 276,467,060.00 - 261,130,000.00 - 450,000.00 19,506,726 7,373,128.00 564,926,913.00

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Report on Valuation of a Holdout in DART Roads Project at Gongo la mboto Terminal and Depot (Phase III) Dar es Salaam City for Compensation Purposes

S/n No Valuation Number Description Quantity/ Unit Depreciation Development Accommodation. Transport Disturbance Total Pay Compensate RFA( m2) Rate / Months /Land Value Tshs Allowances Value (Tshs)

1 VAL/COMP/TN Gladson Main 78 600,000 5% 44,460,000 - 200,000 19,747,256 RD/GGKL /Phase Naftal Building 1 III/01 Matolo Urio

2 shop 2 100,000 36% - 7,200,000 - - frames

Main 78 600,000 5% 44,460,000 Building 2

2 shop 2 100,000 36% 7,200,000 frames

Main 49.95 600,000 5% 28,471,500 Building 3

1 shop 1 100,000 32% 1 3,200,000 frames

Main 66.83 400,000 40% 16,039,200 Building 4 & Toilet

5 rooms 5 20,000 36 - 3,600,000

Lands 1031 110,000 - 113,410,000 -

287,988,000

2 VAL/COMP/TN Geraldina Main 44.8 400,000 25% 13,440,000 200,000 2,230,400 RD/GGKL/Phase Francis Urio Building 1

147

III/02 4 rooms 4 20,000 36 2,880,000

Lands 142 100,000 14,200,000

Crops Mnazi 1 240,000 1 240,000

30,311,000.00

GRAND TOTAL 318,299,000.00

148

Annex 2: Valuation analysis of properties affected by dart project along Nyerere road (dart phase 3)

Annex 3: Valuation analysis of properties owners at Gongo la Mboto bus terminal and depot

Annex 4: Schedule of PAPs affected by DART project along Nyerere road, Uhuru road in Ilala municipality for compensation purpose

Annex 5: Compensation Schedule for property owners at Gongo lamboto Bus Terminal and Depot

Annex 6: List of tenants for dart project at Gongo la Mboto bus terminal and depot

Annex 7: Report on Valuation of a Holdout in DART Roads Project at Gongo la Mboto Terminal and Depot (Phase III) Dar es Salaam City for Compensation Purposes

Annex 8: List of Female – Headed Households at Gongo la Mboto Bus Terminal and Depot S/N Name Valuation No. Phone No. 1 Sayuni Nelson Palangyo 035 0754 489 610 2 Jean Manda Omba 074 3 Agatha Manda Omba 075 0752693 556 4 Asha Abdalah Zoo 060 0659 558 339 5 Abiba Ally Mpulu 073 0654 847 118 6 Amina Hamad Mwangu 015 0713 646 171 7 Scholastica Hieromus Magubika 063 0716 196 200 8 Fatuma Y.Talian 171 0784 913 803 9 Zaituni Rashidi Magombe 173 0657 081 869 10 Fortunata Sostenence Lubimbi 189 0655 380 445 11 Mwajabu Mohammed Muya 191 0652 557 969 12 Hadija Mohamedi Bwatamo 222 0754 867 637 13 Pili Shabani Kachibo 224 0654 368 377 14 Neema Samwel Mbwawasi 216 0689 311 169 15 Mwana Hamisi Mohammed Sungura 215 0659 997 794 16 Mwanaheri Ramadhani Nyalusi 212 0713 965 575 17 Mwashuruti Juma Dhahabu 207 0716 219 324 18 Laurence Paul Kilo and Agness Salum Msuya 208 0782 218 210 19 Lumeni Inocent Achimpota 209 0659 625 067 20 Victoria Mshamu Mkundi 203 0655 588 891 21 Rehema Said Mvogogo 119 0717 037 835 Fatuma Angaza Waziri - Photo only, no details of 131 22 0787 437 265 properties in the compensation schedule 23 Maria Bulemela Mpemba 132 0788 496 120 24 Zaina Kasim Seif 234 0712 063 386 25 Mwajuma Khalid Chambeya 078 0653 193 020

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26 Halima Abdala Maganza 011 - 27 Nofia Nicodem Karumuna 007 0652 136 887 28 Maimuna Mwingwa Kaombwe 005 0787 878 374 Halima Abdallah Magan - No Name found in the 013 29 Compensation Schedule – However, There is a - Photo of Val. No 14 30 Mary Colnel Komekesha 071 0718 496 831 31 Mariam Mzee Abdallah 029 32 Neema James Gaga 094 0717 531 385 33 Frora Gipson Mkony 100 0658 279 970 34 Amina Athumani Demamu 158 35 Khadija Nassor Mzeru 156 0718 283 848 36 Aziza Juma Mzee 155 0656 209 072 36 Teresia Antony Mrema 139 0654 865 244 38 Grace George Magembe 144 0685 746 363 39 Asha Saidi Lingola 137 0718 963 950

40 Veronica Gabriel Mmole 0717 92 19 93 136 41 Fatuma Seleman Jongo 101 0719 503 957 42 Sara John Lugome 108 0717 044 451 43 Helena Dastan Mhina 141 0652 309 317 44 Maua Shabani Selemani 084 0685 894 5 45 Leila Abdallah Mohamed 231 0719 098 757 Magdalena Gaston Bayaga C/O Beatrice 227 46 - Benard Baruti 47 Sara Isame Chacha 177 0784 693 670 48 Mwazani Mfaume Kitembo 240 - Maua Seleman Ngalen – No Name or properties in 111 49 0717 195 187 the Compensation Schedule 50 Geremana Ivon Kimaro 086 0713 336 545 51 Sauda Said Kalango 083 0782 894 555 52 Rose Kyando 026 0688 035 599 53 Aziza Hassan Makame 018 0777 591 193 54 Tarisila Exsaveri Kimaro 012 0765 769 973 55 Daishy G. Minja 002 0715 441 717

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Annex 9: Public consultation details

List of Consulted leaders at Ward and Mtaa Levels

District and Municipal Level

S/n Name Title Phone No. 1 Mr. Raymond Mushi Ilala District Commissioner 0788778540 2 Ms. Genoveva Mazenge Valuer 0767346707 3 Salim B. Msuya Health Officer 4 Regnald Mlay Health Officer Mwembe Madafu Development Organization

S/n Name Title Phone No.

Wilfred Kipondya Chairperson 0766687392

Ward Executive Officers S/n Ward Officer’s Name Phone No. 1 Gongo la Mboto Emmanuel Leonard 0714228668 2 Ukonga Mainda Chamwi 0716616670 3 Kipawa Oliva Mashinya 0762464092 4 Vingunguti Sam Swila 0715899077 and 0767899076 5 Mnyamani Mr. Mrisho 0713529579 and 0787914111 6 Buguruni Mr. Remi 0763688873 and 0655688873 7 Ilala Foya Telewaheri 0714941958

Mtaa Executive Officers S/n Ward Mtaa Officer’s Name Phone No. 1 Gongo la Mboto Guruka Kwalala Editha William - MEO 0719483592 Gongo la Mboto Ernest Kaula - MEO 0713963708 Bakari Shingo - 0715478322 Chairperson 2 Ukonga Ukonga Deus Nchimbi- 0715342536 Chairperson Mwembe Madafu Annamagreth Manyara- 0713341696 MEO 3 Kipawa Kipunguni Aina Mlewa - MEO 0714460942 Praxeda Mkandala - 0719138062 Mjumbe 4 Vingunguti 5 Mnyamani Mnyamani Bakari – MEO 0712349751

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6Faru Bertha Libungu - MEO 0712689508 Ally Seif 0716977576 Rahimu Chanzi 0719424367 6 Buguruni Madenge Annamagreth Manyala 0713341696 K6isiwani Regina Foya 0719252367 Malapa Zena Mwaijumba –MEO 0717714798 Mivinjeni Karim Malapa - 0716898296 Chairperson Aisha Ally - MEO 0652057563 7 Ilala Sharif Shamba Rose Mgina 0715275516 Mafuriko Loveness Kilangwa 0656925317 Kasulu Leonard Madaha 0675927252 Karume Magreth Mwanri 0652008827

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