The United Republic of Tanzania

THE UNITED REPUBLIC OF TANZANIA

Public Disclosure Authorized

Ministry of Agriculture

Expanding Rice Production Project (ERPP) Public Disclosure Authorized

RESETTLEMENT ACTION PLAN (RAP)

FOR REHABILITATION WORKS OF KILANGALI SEED FARM IN KILOSA DISTRICT, MOROGORO REGION

Public Disclosure Authorized

Prepared by:

Nyinisaeli K. Palangyo, P.O. Box 33165, DAR ES SALAAM Email:[email protected]/[email protected] Mobile: +255 784 351937 or +255 715 351937

Public Disclosure Authorized MAY 2019

Expanding Rice Production Project (ERPP)

TABLE OF CONTENTS List of Acronyms and Abbreviations ...... v 1 INTRODUCTION ...... 1 1.1 Project Background ...... 1 1.2 Land Dispute at Kilangali Seed Farm ...... 1 1.3 Objective of the RAP ...... 2 1.4 The Scope of RAP Activities ...... 2 1.5 Organization of the RAP Report ...... 3 2 PROJECT DESCRIPTION ...... 4 2.1 Project Location...... 4 2.2 Overview of Project Components ...... 5 2.2.1 Component 1: Sustainable Seed Systems ...... 5 2.2.2 Component 2: improving crop productivity through better irrigation and crop management ...... 5 2.2.3 Component 3: Innovative Marketing Strategies ...... 5 2.2.4 Component 4: Project Management and Coordination ...... 5 2.3 Project Components Requiring Resettlement and Compensation ...... 5 2.4 Land Requirement for Kilangali ERPP Sub Project ...... 6 2.5 Project Activities ...... 6 2.5.1 Construction Activities ...... 6 2.5.2 Operational Activities ...... 7 3 ASSESSMENT OF POTENTIAL IMPACTS FROM LAND ACQUISITION .... 8 3.1 Types of Impacts Assessed ...... 8 3.2 Physical Impacts ...... 8 3.2.1 Loss of Residential and Annexed Structures ...... 8 3.3 Economic Impacts ...... 8 3.3.1 Loss of Productive Land ...... 8 3.3.2 Loss of Seasonal ...... 8 3.4 Social Impacts ...... 8 3.4.1 Loss of Communal Structures or Facilities ...... 8 3.4.2 Disruption of Livelihoods ...... 9 4 SOCIO ECONOMIC STUDIES ...... 10 4.1 General Socio-Economic Baseline of Kilangali Village ...... 10 4.1.1 Administrative Set Up of Kilangali Village ...... 10 4.1.2 Political Situation in the Project area ...... 10 4.1.3 Population in Kilangali Village ...... 10 4.1.4 Income Level ...... 10 4.1.5 Agricultural Practices...... 11 4.1.6 Livestock Keeping ...... 11 4.1.7 Commercial and Industrial Activities ...... 11 4.1.8 Other Institutions...... 11 4.1.9 Housing Conditions ...... 11 4.1.10 Ethnic groups ...... 11 4.1.11 Social Services in Kilangali Area ...... 11 4.2 Socio-Economic Baseline of PAPs ...... 12 4.2.1 Number of PAPs ...... 12 4.2.2 Gender Distribution ...... 12 4.2.3 Livelihood Activities ...... 13

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4.2.4 Income and Expenditure ...... 13 4.2.5 Land ownership ...... 13 4.2.6 Housing and House Assets ...... 14 5 ELIGIBILITY AND ENTITLEMENT ...... 15 5.1 Eligibility Criteria for Defining Categories PAPs ...... 15 5.2 Cut-Off Date ...... 15 5.3 Eligibility for Community Compensation ...... 15 5.4 Categories of PAPs ...... 16 5.4.1 Affected Individual/Household ...... 16 5.4.2 Affected Communities ...... 16 5.4.3 Vulnerable PAPs ...... 16 5.5 Project Affected Persons in Kilangali ...... 16 5.6 Entitlement Matrix ...... 17 6 VALUATION OF RESETTLEMENT IMPACTS ...... 19 6.1 Main Economic Impacts ...... 19 6.2 Method for Valuation and Compensation for Land ...... 19 6.3 Individual Sizes of Land to be Compensated ...... 19 6.4 Vacating of the Compensated Land ...... 20 7 RESETTLEMENT MEASURES ...... 21 7.1 Overview ...... 21 7.2 Resettlement Measures according to MOU dated 28.11.2017 ...... 21 7.2.1 Land Compensation ...... 21 7.2.2 Cash Compensation ...... 21 7.3 Livelihood Improvement Measures ...... 21 7.3.1 Provision of Temporary Cultivation Land ...... 21 7.3.2 Provision of Seeds ...... 22 7.3.3 Construction of Irrigation Canals ...... 22 7.3.4 Provision of Access Roads and Foot Paths ...... 22 8 STAKEHOLDER PARTICIPATION ...... 23 8.1 Overview ...... 23 8.2 Input from Consulted Stakeholders ...... 23 8.2.1 Kilangali Villagers ...... 23 8.2.2 Kilangali ASA-Farm Management ...... 24 8.2.3 ASA ERPP Focal Person ...... 24 8.2.4 The District Executive Director for Kilosa District ...... 25 8.2.5 District Administrative Secretary (DAS)-Kilosa ...... 25 9 GRIEVANCE MANAGEMENT PROCEDURE ...... 27 9.1 Overview ...... 27 9.2 Description of Grievance Redress Mechanisms ...... 27 9.3 Grievance Management Mechanism ...... 28 9.3.1 Local Grievance Committee ...... 28 9.3.2 District Committee ...... 28 9.3.3 Appeals through Region, Ministry and Tribunals / Court System ...... 29 9.3.4 GRM Reporting Channels ...... 29 10 ORGANIZATIONAL RESPONSIBILITIES AND IMPLEMENTATION SCHEDULE ...... 31 10.1 Overview ...... 31 10.2 Roles and Responsibilities ...... 31

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10.3 Implementation Schedule ...... 33 11 MONITORING AND EVALUATION ...... 35 11.1 Objectives of Monitoring and Evaluation ...... 35 11.2 Duration of Monitoring and Evaluation ...... 35 11.3 Scope of Monitoring and Evaluation ...... 35 11.3.1 Administrative monitoring ...... 35 11.3.2 Socio-economic Monitoring ...... 35 11.3.3 Impact Evaluation Monitoring ...... 36 11.4 Components of Monitoring and Evaluation ...... 36 11.4.1 Internal Monitoring ...... 36 11.4.2 External Evaluation ...... 36 11.5 Monitoring and Evaluation Indicators ...... 37 12 COST AND BUDGET ...... 38 12.1 Assumptions in Preparing the RAP Budget ...... 38 12.2 Indicative RAP Implementation Budget ...... 39 13 LIST OF REFERENCES ...... 40

LIST OF TABLES Table 1-1: Structure of the RAP Report ...... 3 Table 2-1: Summary of Works to be Constructed ...... 7 Table 5-1: Entitlement Matrix ...... 17 Table 6-1: Individual PAPs Farm Sizes for Compensation ...... 19 Table 10-1: Organizational Roles and Responsibilities ...... 31 Table 10-1: Examples of Monitoring Indicators ...... 37 Table 12-1: Assumptions for Preparing the RAP Budget ...... 38 Table 11-2: Indicative RAP Budget ...... 39

LIST OF FIGURES Figure 2-1: Tanzania Administrative Map (Left) and Districts of Morogoro Region (Right) 4 Figure 10-1: RAP Implementation Schedule ...... 34

LIST OF ANNEXES Annex 8-1: MoU between ASA and affected farmers Annex 9-1: List of Consulted People Annex 10-1: Complaints Log Form

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List of Acronyms and Abbreviations

Abbreviation Description ASA Agricultural Seed Agency CCM Chama Cha Mapinduzi CHADEMA Chama Cha Demokrasia na Maendeleo CPI Consumer Price Index DAS District Administrative Secretary DED District Executive Director DGRC District Grievance Redress Committee EA Environmental Assessment EIA Environmental Impact Assessment ERPP Expanding Rice Production Project ESMF Environmental and Social Management Framework GAFSP Global Agricultural and Food Security Program GRM Grievance Redress Mechanisms LGRC Local Grievance Redress Committee M&E Monitoring and Evaluation MAFC Ministry of Agriculture Food Security and Cooperatives MANRLF Ministry of Agriculture Natural Resources, Livestock and Fisheries MoA Ministry of Agriculture MOU Memorandum of Understanding PAD Project Appraisal Document PAPs Project Affected Persons PEIA Preliminary Environmental Impact Assessment PIM Project Implementation Manual PORALG Prime Minister’s Office Regional Administration and Local Government RAP Resettlement Action Plan RAS Regional Administrative Secretariat RIC RAP Implementation Committee RPF Resettlement Policy Framework TANESCO Tanzania Electric Supply Company TANSEED Tanzania Seed Company ToR Terms of Reference VEO Village Executive Officer WB World Bank WB OP World Bank Operational Policy

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1 INTRODUCTION

1.1 Project Background

The Government of Tanzania has identified rice as a strategic priority crop for agricultural development given its potential in improving food security and generating income for large numbers of low income, rural households. The country aims to increase its rice production in order to meet its domestic demand, and to expand exports to neighbouring countries.

In 2012, Tanzania was awarded a Grant of US$ 22.9 million by the Global Agricultural and Food Security Program (GAFSP) to implement the Expanding Rice Production Project (ERPP). The Project started to be implemented during 2015/2016 in Mainland (Morogoro Region) and in Zanzibar (Unguja and Pemba). The implementing agencies are Ministry of Agriculture (MoA) and Ministry of Agriculture Natural Resources, Livestock and Fisheries (MANRLF) in Mainland and Zanzibar respectively.

The Development Objective of the ERPP is to increase production and productivity of rice among smallholders in targeted areas of Morogoro and Zanzibar. The direct project beneficiaries are 30,600 smallholder farmers and their families in the selected irrigation schemes of Tanzania Mainland (25,000 households) and Zanzibar (5,600 households). Approximately, 50 percent of these farmers are women. Indirect beneficiaries include smallholder farmers not directly supported by the project, input suppliers, rice traders, processors and consum- ers.

1.2 Land Dispute at Kilangali Seed Farm

Kilangali State Farm currently known as “Kilangali Seed Farm” was established in 1948 by the Colonial Government. Since 1961 the farm has been under the Ministry of Agriculture and is currently under the management of the Agricultural Seed Agency (ASA).

However, there has been a land dispute between the Kilangali Seed Farm and some farmers at Kilangali village over its boundaries since 2009. There are 213 farmers in the Kilangali irrigation scheme; out of these 26 farmers had land plots in the disputed area and are covered under this RAP. The existence of land dispute has delayed the implementation of project activities at Kilangali Seed Farm. According to World Bank policies, all the activities that were planned to be implemented under ERPP were not allowed to proceed until the land issue is resolved.

The Government made efforts to resolve the land dispute at different levels and agreement was reached between ASA and Kilangali farmers that culminated into resolving the land dispute. A Memorandum of Understanding (MoU) was signed on 28/11/2017 between ASA and the local farmers, containing some agreed compensation measures to be implemented by both ASA and the farmers.

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This MoU will form the basis of the resettlement measures proposed in this Resettlement Action Plan (RAP).

1.3 Objective of the RAP

The objective of the RAP is to present an agreed plan for compensation and resettlement of farmers at Kilangali village who previously had a land dispute with ASA-Kilangali Seed Farm to allow implementation of the planned ERPP activities at Kilangali Seed Farm. The RAP is prepared in accordance with the requirements of the RPF prepared by the Ministry of Agriculture for the ERPP. The objectives of the RPF were to: a) Establish the ERPP resettlement and compensation principles and implementation arrangements; b) Describe the legal and institutional framework underlying the approaches for resettlement, compensation and rehabilitation by the governments of the Tanzania Main- land and Zanzibar; c) Compare the Tanzania laws and the World Bank Operational Policy for Resettlement (OP 4.12) and identify the gaps; d) Define the eligibility criteria for identification of project affected persons (PAPs) and entitlements; considering Tanzania laws and the World Bank OP 4.12 e) Describe the process for RAP preparation; f) Describe the consultation procedures and participatory approaches involving PAPs and other key stakeholders; and g) Provide procedures for filing grievances and resolving disputes.

1.4 The Scope of RAP Activities

The RAP preparation has followed the World Bank (WB) policy on Involuntary Resettlement (WB OP 4.12) and relevant government laws and regulations to ensure the adverse impacts resulting by physical and economic displacement are adequately mitigated and the livelihood of PAPs are restored.

The RAP includes detailed information on PAPs whose livelihoods are likely to be adversely affected by the project activities and land acquisition.

Finally, the RAP describes the activities that will be undertaken to deliver compensation and other entitlements, and to monitor the effectiveness of the RAP in delivering the intended outcomes. There is no monetary compensation for the land loss; land-for-land compensa- tions are to be provided to the 26 farmers. All civil works will be done off-season to minimize impact on crops.

The overall scope can be summarized as follows:

 To define national and WB requirements for economic restoration;

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 To understand socio-economic characteristics of affected farmers in Kilangali;  To define means of compensation for affected farmers; and  To identify other assistance and measures to enable affected farmers to restore and improve their livelihoods.

1.5 Organization of the RAP Report

The RAP is organized in 13 chapters with the following structure:

Table 1-1: Structure of the RAP Report Chapter no. Tittle Summary of content 1 Introduction Overview of the Project

2 Project Description Description of the project components and activities 3 Potential Impacts Assessment of potential significant impacts with proposed mitigation and management measures

4 Legal Framework Overview of legislative, policy and administrative requirements

5 Socio Economic Studies Overview of the socio-economic conditions and baseline indicators at Kilangali

6 Valuation of Resettlement Overview of general requirements for valuation of Impacts significant resettlement impacts

7 Eligibility and Entitlement Description of the compensation framework, eligibility criteria and different compensation packages.

8 Resettlement Measures A description of resettlement measures that will be implemented

9 Community Participation Describes the participation and involvement of the community and stakeholders in the RAP process

10 Grievance Management Proposed procedures and mechanisms for solving Procedure disputes arising from project implementation

11 Organizational Responsi- Defines the roles and responsibilities of different par- bilities and Implementa- ties in the RAP implementation process. The chapter tion Schedule also provides timelines of implementation RAP activities

12 Monitoring and Evalua- Presents the requirements for monitoring and evalu- tion ation of the RAP implementation

13 Cost and Budget Provides the budget for RAP implementation

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2 PROJECT DESCRIPTION

2.1 Project Location

The project area is Kilangali village, Kilosa district in Morogoro Region. Morogoro Region is one of the high potential agricultural regions in Tanzania Mainland that is located on the Eastern side of the country. The Region lies between latitudes 5o58’ and 10o00’ South of the Equator and between longitudes 35o25’ and 38o30’ East of Greenwich.

Kilosa District is one of the seven districts of the Morogoro Region. The other districts are Gairo, Kilombero, Morogoro, Mvomero, Ulanga and Malinyi. Kilosa district has a population of 438,175 as per the 2012 National Census. The district covers 14,918 square kilometres and is bordered to the North by the Manyara Region, to the Northeast by the Tanga Region, to the East by Mvomero District, to the Southeast by Morogoro District, to the South by Kil- ombero District, to the Southwest by the Iringa Region and to the West by the Dodoma Re- gion. The district lies in Latitude 5°55' to 7°53’ South of the equator and between longitudes 36°30' to 37°30' East of the Greenwich.

Kilangali village (6°58'0" S; 37° 5'0" E) is located in the South-Eastern part of the district and has a present population of approximately 3500 inhabitants. Kilangali area is characterised by swampy flatland and wetlands lying on the Kilangali alluvial basin.

Figure 2-1: Tanzania Administrative Map (Left) and Districts of Morogoro Region (Right)

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2.2 Overview of Project Components

The Project has four main components: (i) Sustainable Seed Systems; (ii) Improving Crop Productivity through better Irrigation and Crop Management; (iii) Innovative Marketing Strategies; and (iv) Project Management and Coordination. These components are further described below: 2.2.1 Component 1: Sustainable Seed Systems

This component has the objective of enhancing the adoption and sustained use of improved rice varieties that have been released by the research system. Under component 1, there are three sub components as follows:  Subcomponent 1.1: Introducing new varieties to smallholder farmers;  Subcomponent 1.2: Promoting the sustainable production and delivery of preferred varieties; and  Subcomponent 1.3: Strengthening seed quality control. 2.2.2 Component 2: improving crop productivity through better irrigation and crop management

This component aims at improving smallholder rice production and productivity through improved crop and water management. Under component 2, there are two sub components as follows:  Subcomponent 2.1: Expansion and rehabilitation of irrigation infrastructure; and  Sub-component 2.2: Promoting Adoption of Improved Agronomic Practices. 2.2.3 Component 3: Innovative Marketing Strategies

This component has the objective of increasing the quantity of rice marketed by strengthening access to markets and improving price incentives at the farm-gate. Under component 2, there are two sub components as follows:  Sub-Component 3.1: Provision of Marketing Infrastructure; and  Sub-Component 3.2: Strengthening Market Linkages and Market Information. 2.2.4 Component 4: Project Management and Coordination

The Project Management and Coordination component facilitates efficient implementation of project activities and tracking of results. Project implementation uses existing structures in MoA for mainland Tanzania. The Ministry has assigned a team of staff to ensure that there is adequate capacity to coordinate, implement and monitor the project effectively. Under this component, support is provided for operational costs, project monitoring and evaluation.

2.3 Project Components Requiring Resettlement and Compensation

Component 2 and 3 of ERPP have sub components that encompass investments that could require resettlement. These sub components are described below:

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a) Subcomponent 2.1: Expansion and rehabilitation of irrigation infrastructure

Sub-component 2.1 includes investments to rehabilitate and/or expand irrigation infrastructure. It is foreseen that the planned rehabilitation/extension will involve the conversion of land currently being informally irrigated to a formal irrigated system. Land rights will shift, as farmers will trade informally irrigated plots for formally irrigated plots. For Kilangali Seed Farm in Kilosa, the current size of irrigated scheme is 200ha, and it is expected that through the ERPP project an extension of 400 ha will be implemented. b) Sub-Component 3.1: Provision of Marketing Infrastructure

Under sub component 3.1 five warehouses will be built. This investment may require involuntary resettlement to give land for the required investments. Improvements in marketing facilities will include the rehabilitation or improvement of rural road, and the rehabilitation or construction of warehouses to facilitate the marketing of rice. For Kilangali Seed Farm, no warehouses or feeder roads will be constructed or upgraded. However, there will be construction of farm access roads within the farm itself.

2.4 Land Requirement for Kilangali ERPP Sub Project

Within the ERPP sub project, 400ha of Kilangali Seed Farm will be rehabilitated. However, part of that land was under dispute 200 acres, and after resolution on 28.11.2017, farmers have agreed to receive new land plots of the same size in another area outside the farm to be provided by the village government.

Farm access roads within Kilangali farm are required for transportation of products to main roads or market places. These roads will mainly be constructed within the farm itself and will only reduce the effective irrigable land hence reduce the crop yield. It is assumed that the land that will be taken up by the roads has been calculated in the overall 400ha of land to be rehabilitated. Therefore, no additional land acquisition is expected for the farm access roads

No land will be taken for temporary uses such as for diversion of canals during construction phase, stock piling building materials, excavated soils and overburden (cleared soils and vegetation) is required.

2.5 Project Activities 2.5.1 Construction Activities

During the construction phase of the project, ASA through the nominated Contractor will carry out the physical works of rehabilitating 400 ha of Kilangali farm irrigation scheme. The main works will involve excavation and lining of irrigation canals. The table below shows an overview of the works to be constructed.

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Table 2-1: Summary of Works to be Constructed S/No Description Unit Quantity

1 Construction of Main Canals m 4,158 2 Construction of Secondary Canals m 2,317 3 Construction of Tertiary Canals m 24,771 4 Main Drain m 10,085 5 Tertiary Drains m 22,727 6 Secondary Drains m 930 7 Construction of foot bridges no 10 8 Installation of Culverts no 10 9 Construction of Division Boxes no 8 10 Construction of Farm Access Roads m 6,100 11 Construction of toilet and changing room no 1 12 Construction of resting Shades and first aid no 1

The contractor will need to mobilize the necessary personnel, construction equipment and materials. Most of the required equipment and materials will come from outside the project area.

2.5.2 Operational Activities

The performance of an irrigation canal system depends not only on how the system operates, but also on the condition of the canals. Irrigation canals function well so long as they are kept clean and if they are not leaking. If no attention is paid to the canal system, the problem of siltation may arise and plants may grow.

It is not just the smaller, tertiary irrigation canals that need to be maintained, it is the primary and secondary canals as well. Sometimes these canals may be located far from the main fields and this can be one reason why there is no interest in maintaining them. However, the smaller canals receive water from these canals and so maintenance of the larger canals is of vital importance for the proper functioning of the whole system.

During operations, ASA will need periodical inspection and maintenance activities of the extended irrigation scheme especially the canals and farm access roads. For the canals, the main operation and maintenance activities will include cleaning, weeding, desilting and ex- ecuting minor repairs.

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3 ASSESSMENT OF POTENTIAL IMPACTS FROM LAND ACQUISITION

3.1 Types of Impacts Assessed

This chapter assesses the potential physical and economic impacts that would result from the acquisition of land that initially was being used by the local community as a source of their livelihood. The potential impacts have generally been categorised as physical, economic and social.

3.2 Physical Impacts 3.2.1 Loss of Residential and Annexed Structures

The land to be impacted is land categorized as farming land. There are no residential or annexed structures on the land. No physical resettlement will take place. There is therefore no compensation or resettlement expected for such structures.

3.3 Economic Impacts 3.3.1 Loss of Productive Land

The rehabilitation of the irrigation scheme in Kilangali will involve taking of land that as has been determined belonged to ASA and the villagers were using for rice cultivation. The village government will provide un-cleared land as compensation. Per the Bank policy on In- voluntary Resettlement (OP 4.12), land for land compensation is a preferred option. Land of the same or better quality and size should be provided to the impacted persons. In line with the policy, following the consultations with the farmers, the 26 impacted farmers will receive the land plots of the same size as the lost plots. The land will be given ahead of the farming season not to impact farmers’ livelihoods. The ASA has also agreed to clear the land provided by the village to facilitate land allocation for the farmers. The produce from this land will provide them with all their basic needs. In this land they will grow rice only. 3.3.2 Loss of Seasonal

Only rice, a seasonal crop, is grown in the area covered by the RAP. 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. All works will be done during the off-season to minimize impact on crops. The land plots will be given to farmers ahead of the season to allow them to start farming during the season. Hence, no compensation for the loss of seasonal crop is envisioned.

3.4 Social Impacts 3.4.1 Loss of Communal Structures or Facilities

There are no communal buildings, schools, health facilities or places of worship in the land to be acquired and thus access to the existing facilities will not be impacted.

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3.4.2 Disruption of Livelihoods

Though already settled, the land dispute resolution process has taken a long time. During this period and during the period when the agreed compensation measures are fully implemented, the PAPs will lose no livelihood at all as the acquired land for the project has been part of the farm for such a long time.

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4 SOCIO ECONOMIC STUDIES

4.1 General Socio-Economic Baseline of Kilangali Village 4.1.1 Administrative Set Up of Kilangali Village

The administrative authority of Kilangali village is guided by the village government with two organs namely Village Assembly and Village Council. A Village Assembly consists of every person who is ordinarily resident in the village and who has attained the apparent age of eighteen years. There is no specific quorum required by law for the Village Assembly meeting. Each village sets its own quorum, but it should be between 20% and 33% of total number of villagers with apparent age of 18 years.

Members of each Village Council are elected by the Village Assembly. The required number of members of the village council is not less than 15 and more than 25. Each village is divided into sub-villages (Vitongoji) and the Chairman of each sub-village is a member of the village council. One third of the total number of Village Council Members must be women. The quorum at any meeting of a village council shall be not less than half of all the members of the council. 4.1.2 Political Situation in the Project area

Political forces have strong influence in decision making regarding investment in development projects. Although Tanzania has held five consecutive multiparty elections since its transition from a one-party state in the early 1990s, the presence of formal opposition remains limited within the government, and the ruling party, Chama Cha Mapinduzi (CCM), has retained power for over half a century. CCM and Chama Cha Demokrasia na Maendeleo (CHADEMA) are the leading political parties in Kilosa District. However, in the project area the ruling party which is CCM is the predominant for all the leaders are CCM members but working smoothly with other parties when it comes to the development issues. 4.1.3 Population in Kilangali Village

Based on the National Census 2012 the population of Kilangali village was 3,342. The current population from the Village Executive Officer is 3,675 with 985 households whereby male are 1,868 and 1,807 female. When the figures are compared with the 2012 census figures it is noted that there is an increase of population in this village which could be attributed to the presence of the farms and other social service facilities. The village consists of 5 sub-villages namely: Kwamtunga, Upogoroni, Kisiwani, Makuluwili and Chamwino. 4.1.4 Income Level

During the survey, data which shows the actual income level of the households in the Kilan- gali village were not easy to access. Although it was observed that most people in the project area are engaged in several economic activities for their livelihood, their income is from agriculture and livestock keeping and could be categorized as low income.

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4.1.5 Agricultural Practices

Ninety five percent (95%) of the population in Kilangali depends mainly on agricultural activities. This is practiced in large scale by ASA and small scale by the communities. The dom- inant crop is rice produced in large scale by ASA for seeds while the small holder farmers produces rice mainly for domestic consumption and commercial. Other crops are maize, beans, cassava, sesame groundnuts, finger millet, sweet potatoes and sunflower. They also practice horticulture and grow tomatoes, onion, spinach and other tropical vegetables.

4.1.6 Livestock Keeping

The local people of Kilangali by nature and culture are farmers and not livestock keepers. However, during the study remarkably huge flocks of livestock were observed which is owned by Sukuma Tribe. Traditionally Wasukuma are Agro-pastoralists (pastoralists and farming). Having big number of livestock is one of the indicators, which describe their wealth and income status. Hence, during the construction phase close supervision should be imposed to avoid destruction of the infrastructure of the project by livestock.

4.1.7 Commercial and Industrial Activities

In the project area most of commercial and industrial activities are in a small scale and most of them are not registered. There are 12 retail shops, 1 agricultural inputs shop, 1 pharmacy shop and 7 milling machines. 4.1.8 Other Institutions

The ASA farm and offices are located in Kilangali village. 4.1.9 Housing Conditions

Housing condition is one of the indicators of the level of poverty and wealth. In the general meeting discussions, participants repeatedly reported that the man in the household usually own resources like land, house and livestock. The project area is characterized by traditional houses and most of the dwellers are Wamanda, Wapogoro, Wasukumas and Maasai. Other tribes are few in numbers. The houses are mixed with traditional and modern houses. Most of the houses have iron sheets roofing and few with grass roofing. This could be due to its wide spread availability and affordability of the roofing materials in the area.

4.1.10 Ethnic groups

In the project area, the Wamanda and Wapogoro constitute the main ethnic group and they are Bantu group. Of late, there are influxes of Wasukuma and Maasai, which are predomi- nantly agro-pastoralists in the area with numerous heads of livestock.

4.1.11 Social Services in Kilangali Area

Health Facilities

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The Project area has one Dispensary which serves the entire village. The diseases affecting the project area are Malaria, bilharzias, Typhoid, Urinary Tract Infection (UTI) and Diar- rhoea.

Education Facilities and other institutions

Kilangali village have one Primary School but uses the next village for secondary school. Other social services in the village are 1 mosque and 1 church.

Water Supply for Domestic Consumption

Communities in the village of the Kilangali depend on water supply from shallow wells distributed in each sub village. Women and children have the role of fetching water for domestic consumptions and livestock.

Social Infrastructures

Kilangali village is having earth road from Kilosa town to the village consists of 30 kilome- ters. The road is not well maintained and impassable during the rain seasons. TANESCO is supplying power to ASA, the electricity line passes through the Kilangali village and villager can have access to electricity connection. In addition, paddy farmers who grow paddy have irrigation infrastructure managed by the rice farmers’ group association.

Telecommunications

Kilangali village lacks proper telecommunication network. There is a need for telecommunication mast tower at or close by the village in order to enhance communication in the whole area.

4.2 Socio-Economic Baseline of PAPs

4.2.1 Number of PAPs

According to the Memorandum of Understanding (MoU) signed between the PAPs and ASA, on 28.11. 2017 the number of the affected farmers is 213.

However, the Consultant together with representatives from MoA and the village leadership carried out a validation meeting of the PAPs on 9th and 10th May 2019 and verified that the valid PAPs are only 26 farmers who had land plots on the disputed area and are impacted by the project activities. The rest (187) supported the 26 PAPs to get compensated but did not engage themselves in farming activities in the disputed land. They also supported compensation for the land that was being used by the village government.

4.2.2 Gender Distribution

From the validated PAPs, women are approximately 52% and men are 48%.

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4.2.3 Livelihood Activities

All PAPs and the Kilangali community depend on farming as their major source of income and livelihood. Paddy is produced for food and for sale to get money. Production of paddy per household ranges from 6- 10 bags unprocessed rice for those who did not do the preparation for planting in the farm. For those who did the seedlings then replant in the farm they get from 15-25 bags unprocessed per household when there are reliable rains.

Only paddy is grown in the disputed land while other crops such as maize, sunflower seeds, millet and vegetables gardening for home consumption and cash are grown outside the land with dispute.

All PAPs pointed out that they produce rice for home consumption and cash earnings. Ma- jority of the PAPs have extra activities outside farming for earning extra income these include petty businesses, whole selling rice etc. Others do keep chicken for eggs and meat as well as selling for money, brick making and charcoal making.

Those without land at all rent from those with extra parcels of land at Tshs. 100,000 per acre/season.

The community do farming only one season per year because they depend on rainfall. They don’t have well defined irrigation systems.

4.2.4 Income and Expenditure

It is not easy to get someone’s income due to the fact that it is something very personal and therefore people get suspicious when you ask about their incomes. In urban areas it could be a bit easier but in certain rural areas people don’t reveal their incomes. Given the fact that nowadays people have become so devious and steal other peoples’ properties including money it has made people extra conscious when it comes to giving information over properties and income.

Incomes obtained from farm produce and livestock keeping is used for supplying family needs like buying clothes, shoes, paying school fees, building improved houses, paying for treatments in case a family member falls sick, buying seeds etc, paying dowry and marrying as well as buying foods which they don’t produce in the area.

4.2.5 Land ownership

All the PAPs have more than one piece of land- one piece at the area with ownership conflict and another piece of land outside the conflict area. The land owned varies in size as well as tenure. Some of the people have inherited the land from parents while others got the land through their own efforts and few are renting from those with large piece of land. Details of sizes of land owned by the PAPs are given in Chapter 6.

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4.2.6 Housing and House Assets

No house is in the disputed land. The area is only for farming activities and not for dwell- ing. Therefore, no one among the PAPs will lose a house or assets.

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5 ELIGIBILITY AND ENTITLEMENT

5.1 Eligibility Criteria for Defining Categories PAPs

The Bank’s OP4.12 (Involuntary Resettlement) suggests the following three criteria for eligibility:

a) Those who have formal rights to land (including customary/village land, traditional and religious rights, recognized under Tanzanian Law i.e. Village Land Act No 4 of 1999 for Tanzania Mainland and Land Tenure Act No.12 of 1992.

b) Those who do not have formal legal rights to land at the time the census begins but have a claim to such land or assets provided that such claims are recognized under the national and local laws of Tanzania mainland or become recognized through a process identified in the resettlement plan.

c) Those who have no recognizable legal right or claim to the land they are occupying, using or getting their livelihood from.

In accordance to World Bank OP 4.12, those covered under a) and b) above are to be provided compensation for the land they lose, and other assistance as necessary. Persons covered under c) above are to be provided with resettlement assistance in lieu of compensation for the land they occupy, and other assistance, as necessary, if they occupy the project area prior to a cut-off date in close consultation with the potential PAPs, local community leaders and the respective Village or Shehia Administration and the District Administration and acceptable to the Bank. Persons who encroach on the area after the cut-off date are not entitled to compensation or any other form of resettlement assistance.

5.2 Cut-Off Date

For the case of Kilangali, for which the case of disputed land was solved amicably upon agreement on some resettlement measures, the cut -off date is considered as 28.11.2017 when ASA and Kilangali farmers, after a series of consultation agreed for an out of court settle- ment. On this date, a Memorandum of Understanding (MOU) was signed by both parties.

5.3 Eligibility for Community Compensation

Communities (districts, shehia, wards, and villages) permanently losing land and/or access to assets and or resources under customary rights will be eligible for compensation. The ra- tionale for this is to ensure that the pre-project socio-economic status of communities where

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adversely impacted, is also restored. Community assets include graves, communal bore- holes, other community infrastructure such as mosques, churches, etc. For Kilangali, no community assets have been affected.

5.4 Categories of PAPs

It should be noted that regardless of the category, all PAPs are entitled for some sort of compensation and must be consulted during the implementation of the project. For the implementation of the ERPP, the likely displaced (economically or physically) persons can be categorized into the following groups of PAPs: 5.4.1 Affected Individual/Household

An individual or household suffering loss of assets or investments, land and property and/or access to natural and/or economical resources as a result of the project activities. For example, those who cultivate, work or live on a farm, pastoralists whose routes have been altered, or have built a structure on land that has been demarcated and is now required by the project. 5.4.2 Affected Communities

These are communities/villagers whose land or assets such as infrastructures, trees, are likely to be affected by the project. For Kilangali, no community assets have been affected.

5.4.3 Vulnerable PAPs

This provides for people with special needs that would require special consideration and assistance from project implementers or community in general. They include the elderly, sick, orphans, women headed households, female farmers and farmers likely to lose their land under irrigation scheme (owners, encroachers or tenants).

These groups are being identified as particularly vulnerable so that special attention would be paid to them by identifying their needs from the baseline study so that (i) they are individually consulted and given the opportunity to participate in the program activities, (ii) that their resettlement and compensation is designed to improve their pre-project livelihood, (iii) special attention is paid to monitor them to ensure that their pre-project livelihood is indeed improved upon, (iv) they are given technical and financial assistance if they wish to make use of the grievance mechanisms of the program and (v) decisions concerning them are made in the shortest possible time.

5.5 Project Affected Persons in Kilangali

Originally, from the MoU between ASA and the affected farmers, there are 213 PAPs. How- ever, after a validation meeting of the PAPs on 9th and 10th May 2019 the valid PAPs are 26

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who are basically farmers from Kilangali village. The farmers disputed the ASA survey report, claiming that the survey included part of their land they used for farming. During signing of the MoU the farmers “blessed” the former disputed land to form part of the ASA farm and that the village government agreed to provide them a new land for farming. The legal dispute slowed down implementation of the ERPP in Kilangali.

From the categorization of PAPs above, the 26 farmers can be categorized individually as affected individual/household or collectively as affected community. There are also female farmers who can also be categorized as vulnerable.

During meetings with the PAPs (the farmers), the villagers were asked if there were any disabled, widows, or widowers among those affected by the project. The response was that there were no disabled persons, widows neither widowers. The leaders informed the meeting that even if there were such groups, according to Tanzanian laws and system these group are given all their rights like any other person without segregation.

5.6 Entitlement Matrix

Table 5-1 presents an entitlement matrix to show the current understanding of the required compensation (cash and in-kind) for agricultural land that would be provided to the farmers in Kilangali as per existing law.

Table 5-1: Entitlement Matrix Entitlement Matrix Land and Types of Impact Person(s) Af- Compensation/Entitlement/Benefits Assets fected Agricultural Land under culti- Farmer/ title  Cash compensation for affected land land vation holder equivalent to replacement value, taking into account market values for the land, where applicable Less than 20% of  Alternative land within the irrigation land holding af- scheme of an equivalent size that will en- fected sure PAP has not been economically affected Land remains eco- Tenant/ lease  PAP allowed to harvest crops that are nomically viable. holder within the affected area OR Cash compensation for the harvest or product from the affected land or asset, equivalent to average market value of last 3 years, or market value of the crop for the remaining period of tenancy/ lease agreement, whichever is greater.  Agreement to continue utilizing the irrigation scheme once the project improvement is completed  Alternative land to allow PAP to continue with Paddy growing

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Entitlement Matrix Land and Types of Impact Person(s) Af- Compensation/Entitlement/Benefits Assets fected Greater than 20% Farmer/ Title  Land for land replacement where feasible, of land holding holder or compensation in cash for the entire lost landholding according to PAP’s choice. Land for land replacement will be in terms

of a new parcel of land of equivalent size Land does not be- and productivity (preferably a plot that come economi- can be used for paddy growing) with a se- cally viable. cure tenure status at an available location which is acceptable to PAPs. Cash compensation will take into account market value of land. Transfer of the land to PAPs shall be free of taxes, registration, and other costs. PAPs will be provided with guidance on managing the cash. Tenant/Lease  PAP allowed to harvest crops that are holder within the affected area OR Cash compensation for the harvest or product from the affected land or asset, equivalent to average market value of last 1year (as this is the tenancy period)  Agreement to continue utilizing the irrigation scheme once the project improvement is completed OR Alternative land to allow PAP to continue with Paddy growing Standing Crops affected by PAP (whether  PAP allowed to harvest crops if fully ma- crops land acquisition or owner, tenant, or tured or temporary acqui- squatter)  Cash compensation of the crops equiva- sition lent to average of last 1 year market value for the mature and harvested crop. Trees Trees lost PAP (Owner,  Cash compensation based on type, age and tenant, or squat- productive value of affected trees plus 10% ter) premium

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6 VALUATION OF RESETTLEMENT IMPACTS

6.1 Main Economic Impacts

The main economic impact to the PAPs is loss of land. Land that will be taken from PAPs is land that they were farming in the disputed ASA farm. Many of the PAPs also have other pieces of land outside the ASA farm, but within the village. The PAPs had not constructed any houses in the disputed land and therefore no resettlements for dwellings (houses) is expected. No PAPs will lose accommodation or a house. Land that will be lost will be compensated and no one is expected to lose any means of livelihood.

The PAPs will not lose crops because before they leave the disputed ASA farm, they will harvest their crops then leave. The PAPs will be reallocated pieces of land according to the sizes that they were farming in the ASA farm.

In the disputed ASA farm, the PAPs cultivated rice and no other crops, whether seasonal or permanent. Any other crops they cultivated such as maize, sunflower, lentils etc was done in their other farms outside the ASA farm.

6.2 Method for Valuation and Compensation for Land

The calculation of compensation of land in Tanzania is stipulated under the Land Act, 1999 and Land Regulations, 2001 and require compensation equivalent to the market value of the affected land. On the other hand, the World Bank OP 4.12 requires that compensation be based on the replacement value (not depreciation). In addition, World Bank OP 4.12 strongly prefers the replacement of “land for land” where appropriate.

For the Kilangali matter, compensation of land for the PAPs will be based on “land for land”. Since no resettlement of dwellings or permanent crops, no other forms of cash compensation are expected.

6.3 Individual Sizes of Land to be Compensated

After a validation meeting of the PAPs, the valid PAPs were reported to be 26. In the meeting however, only 18 attended the meeting. Eight names of absent PAPs and estimated farm sizes were provided by the village leadership. The individual farm sizes for the PAPs are shown in Table 6-1 below.

Table 6-1: Individual PAPs Farm Sizes for Compensation

Size of Farm/Plot, No. Name of PAP Acres Crop Cultivated 1 Hassan Mohamed Buku 39 Rice 2 Ali Seif Maganga 33.5 Rice 3 Tabia Ngaukila 1.75 Rice 4 Mathew Kiungu 4 Rice

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Size of Farm/Plot, No. Name of PAP Acres Crop Cultivated 5 Zaitun A .Tuwa 15 Rice 6 Asia Selemani 1 Rice 7 Victor Nyagongo 1.5 Rice 8 Hamis Kapembele 12 Rice 9 Mwanaisha S. Ngaiwa 6 Rice 10 Mohamed Kondo Mtipuka 7 Rice 11 Mohamed A. Kambalamwezi 6 Rice 12 Said Mpapu 10 Rice 13 Amina A. Msindo 4 Rice 14 Khalid Simba 8 Rice 15 Rashid Omary Mkimbe 3 Rice 16 Roswita Cyprian Libangu 0.5 Rice 17 Esther B. Nakamba 2 Rice 18 Rehema Ally 30 Rice 19 Ephata Nkya** 3 Rice 20 Hani Mpapu** 3 Rice 21 Sawema Ludete** 1.5 Rice 22 Nchimbi** 1.25 Rice 23 Abisina Lyimo** 1 Rice 24 Boimanda Juliana Likoko** 2 Rice 25 Kibwana Behewa** 2 Rice 26 Ruth Elifuraha** 1.5 Rice Total Acres 199.5 ** Farm/Plot sizes were roughly provided by local leaders and there will need to confirm the sizes during land reallocation

The above PAPs will lose all the above individual parcels of land as they are within the disputed ASA farm that will need to be taken by ASA for the ERPP project. All these affected farmers will receive land plots of the same quality and size in the area allocated by the village.

6.4 Vacating of the Compensated Land To minimize the economic impacts, the PAPs will vacate the compensated land during the off-season period after they have harvested all their crop. They will also be informed in advance that after harvesting their last crop and have been reallocated alternative land, no one will be allowed to plant in the ASA farm land.

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7 RESETTLEMENT MEASURES

7.1 Overview

The resettlement measures proposed are based on the MoU signed on 28/11/2017 between ASA and the local farmers. The original MoU (in Swahili) and a translated version are found in Annex 8-1.

7.2 Resettlement Measures according to MOU dated 28.11.2017 7.2.1 Land Compensation

The village government will provide the farmers with 500 acres of land, which ASA will clear for cultivation. The land will be cleared immediately and ahead of allocation to the farmers to ensure that the farmers will start the farming season in time and do not sustain any economic impact.

How to reallocate the land to the PAPs After the validation of the number of PAPs, the total individual plots cultivated by the PAPs is less than the 500 acres claimed by the affected farmers. It is clear that there was an oversight by ASA not to validate the PAPs and the actual size of the land plots. All affected farmers will receive land plots of the same size and value.

The village leadership will manage the land reallocation exercise to the PAPs. The land reallocation assignment will be done in consultation with the farmers. In any case, if any land remains after the valid PAPs are compensated, the village leadership will decide on what to do with the remaining cleared land.

7.2.2 Cash Compensation

During signing of MoU ASA paid the farmers Tshs.3,000,000.00 (Tanzania Shillings Three Million) not as compensation of costs incurred by the farmers to file the case on the land dispute at the court but to show fairness as there was neither a winner nor a loser of the case. Again, this is not a compensation for any economic loss, but rather a good will payment by the ASA.

7.3 Livelihood Improvement Measures 7.3.1 Provision of Temporary Cultivation Land

ASA has provided temporarily 100 acres of land to the farmers for cultivation during the year 2017/18 (November 2017 –January 2018 and March – June 2018 rainy seasons) as additional measure. This land will revert to ASA when the full reallocation of land plots is completed.

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7.3.2 Provision of Seeds

ASA provided seeds to the farmers for one planting seasons as part of fairness.

7.3.3 Construction of Irrigation Canals

ASA will construct irrigation canals that will deliver irrigation water to the farmers’ farms. This will ensure that the farmers have access to water for irrigating their land.

7.3.4 Provision of Access Roads and Foot Paths

In order to access their farmers, the villages will need to pass through the rice seed farm. ASA will provide crossings through their farm to enable farmers get to their own farms con- veniently.

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8 STAKEHOLDER PARTICIPATION

8.1 Overview

The intended purpose of the stakeholders ‘participation was to get their ideas, worries, concerns, suggestions and advise from the directly and indirectly affected stakeholders with regards to the Kilangali farmers dispute with ASA. Among the stakeholders consulted were the District Authorities, ASA personnel at different levels, the Kilangali village leaders and villagers. The consultation also aimed at knowing the extent of the dispute, to gather the needed information for preparing the RAP and get information of any solutions or actions being taken.

8.2 Input from Consulted Stakeholders 8.2.1 Kilangali Villagers

Among the concerns brought up by the villagers/farmers included the following:

 Farmers expressed concerns that they may sustain economic loss due to land reallocation and urged they receive new plots in a timely manner. Lack of production brought about economic hardship for those families affected;  Before the problem started, they used to get subsidized (close to free) seeds from the Seed farm which made their lives a bit easier at that time, while now they no longer get such services. However, according to ASA, the provision of subsidized seeds was under the subsidy program of the Government which ended in 2014/15.  The villagers raised concern over the River Myombo which is the source of water supply for the Kilangali village and the ASA Kilangali Seed Farm. Their worry is that there are other users upstream who don’t have permit and are withdrawing a lot of water and eventually they will be left without water completely so they advised that the village leadership in collaboration with the District Irrigation Department and the ASA management to do an investigation and if it is true, necessary steps to be taken in order to ensure the schemes don’t collapse;

After the problem has been resolved, the villagers/farmers have the following expectations from the ASA farm management:  After clearing the 500 acres of land, they expect the land to be distributed immediately to the owners of the land without delay within three years period as they had agreed in the resolution meeting;  They expect the ASA farm Management to ensure there are routes through to their farms for farmers to be able to walk through easily to and from their farms;  The expect the ASA farm management to help the village improve road infrastructure for easy passage and communication particularly during the rainy season;  They expect ASA to contribute into the village development activities like building at least classrooms in order to feel their presence in the village;

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 The villagers’ requests to be involved in the planning of the ASA projects so as to make sure that they know the project well and its boundaries for easy knowledge of their boundaries for each party’s benefit;  Farmers request that they be given employment at the farm both technical and non- technical works;  Kilangali people expressed concern over their dispensary that when the Seed Farm becomes fully operational people will increase in the village because people will come to get jobs and diseases too will increase. Such situation will call for more health services and more qualified health personnel, so they requested for improve health facility;  The farmers requested that the Farm management should expand /widen the in-take since the one existing is too narrow for water supply to cover all the farms thus water supply is not enough, given the fact that the former demand was low while the future needs are higher;  The villagers requested the ASA farm management to rehabilitate all the irrigation canals feeding their farms from the main ASA canal;

8.2.2 Kilangali ASA-Farm Management

The ASA Kilangali Seed Farm Manager had the following:

 The ASA Farm Manager complained of villagers entering the farm area and carry- ing out farming activities without permission as well as cutting trees in the farm land. This has to stop immediately because this will affect the ASA management re- lation with villages if not stopped.  Villagers caught farming or cutting trees without a permit from the ASA management, will have their crops confiscated and if the management deems necessary will take legal action for tress passing.  The Farm Manager advised the villagers to collaborate with the farm management in protecting the government property instead of sabotage it because the presence of that farm is what made them live there also it has benefits to the villagers because they will get employment in the farm thus increase their income. Other benefits include improved seeds at a subsidised price as well as their crops be bought by the seed farm.  The Official from the MoA informed the villagers that there will form a system of listening to villagers’ complaints related to the project starting at the village to the district levels.

8.2.3 ASA ERPP Focal Person

 All the village members affected by the problem are all happy after the issue has been settled in a harmonious manner because they can now continue with their day to day activities without worries;

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 To support the community, ASA holds meetings on monthly basis with the representatives from the villagers. The intention is for the village representatives to know the activities that ASA is planning and implementing so that if the villagers want employment they can apply, but also to give them the insight of ASA activities so that they don’t feel left out of ASA programmes and plans;  ASA plans to help villagers in the restoration of their livelihood by distribution of water for irrigation and improving their farm infrastructure in order to restore their livelihoods through irrigation.

8.2.4 The District Executive Director for Kilosa District

The District Executive Director (DED)-Kilosa District Council had the following:  The district council is happy and thankful that the conflict and confusion brought about by the land dispute between ASA and the villagers has finally been cleared and settled. This means that the people will spend their time which was being used in following up the case for productive work to improve their incomes at their households as well as the district;  Now that the dispute has been settled, ASA will continue with ERPP sub-project as planned;  The situation was escalated by the fact that the problem was not communicated to the district authorities and therefore the lack of communication between government departments led to the problem being settled outside the normal procedures thus making matters worse and delay in resolution;  There is also lack of coordination between different sectors leading to lack of involvement of key sectors which would have settled the situation easily without delays that happened;  Sometimes top most leaders decide matters without involving the lower levels who are close to the grass-root population and are aware of actual situation at the ground and how to handle and solve problems at that level;  It is proper to realise that the project is important and beneficial to the district and nation in terms of increased food production, improved livelihood of Kilangali village, Kilosa district population who are direct beneficiaries of the project;  It is also the responsibility of the district to educate and raise awareness to the society to understand different laws and procedures to follow over any issue or problem that may occur;

8.2.5 District Administrative Secretary (DAS)-Kilosa

The following is the contribution from the District Administrative Secretary (DAS):  The problem became big because the people felt that they were being robbed of their rights;  The ASA land was idle and without an overseer, so the villagers decided to encroach the farm which was neglected for a long time;

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 The district authority has the responsibility to resolve the problems as well as ensure that the farm has no prevalent problems while ASA is responsible for ensuring that the farm is properly cared for and that all its boundaries are properly secured and visible to avoid erection of other illegal boundaries.

Recommendations from DAS office  The relevant sector ministries need to have close communication with the district authorities regarding their projects because the District authorities are the ones responsible directly to the people at the grass root levels;  Furthermore, the districts are in constant communication with the rural population so through the district authorities some of the problems considered serious could be easily solved by people knowing the environment (the district authorities);  The situation in Kilosa will change rapidly due to coexistence of farmers both small and large as well as many livestock keepers. This situation will lead to conflict on land and water. The villager leadership with the help of the government (district authorities) need to decide who stays where for what activity in order to avoid serious conflict on water and land between farmers and livestock keepers.

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9 GRIEVANCE MANAGEMENT PROCEDURE

9.1 Overview

The available RPF prepared by the MoA in May 2014 was reviewed with respect to how grievances would be managed. The RPF requires that a Grievance Redress Mechanism (GRM) is prepared through which affected PAPs can voice their concerns about the project activities. In the available safeguard documents, a GRM document has been prepared show- ing how grievances will be addressed. It has been found that the available GRM prepared in June 2018 for the project is sufficiently presented and has been adopted in this RAP.

9.2 Description of Grievance Redress Mechanisms

GRMs are essential tools for facilitating PAPs to voice their concerns as they arise about the project activities such as rehabilitation of irrigation infrastructure and access roads, and construction of canals and if necessary, for corrective action to be taken promptly. Such mechanisms are fundamental to achieving transparency in handling grievance issues.

The GRM is designed with the objective of solving disputes at the earliest possible time which will be in the interest of all parties concerned and therefore implicitly discourages referring such matters to the Tribunal/Law courts for resolution which would otherwise take a considerably longer time.

In practice, grievances and disputes that are most likely during the implementation of ERPP sub-projects including rehabilitation of irrigation schemes, construction of warehouses and access road improvement could be various but commonly concerning:

i) Possible damage to crops; ii) Possible temporarily disruption of land parcels; iii) Non fulfillment of contractor’s obligation; iv) Deny accessing to fields as a result of rehabilitation or construction activities; v) Temporary disruption on water flows; vi) Farmers not to provide good collaboration with contractors, etc.

The overall process of grievance handling will be as follows:

a) The community around the project area will be sensitized about the GRM; b) During operationalization of the GRM all stakeholders will be informed about how to register grievances or complaints (Annex 10- 1, Complaints Log Form), and the dispute resolution process, specifically about how the disputes will be resolved in an impartial and timely manner;

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c) The MoA in collaboration with Regional Secretariat and District Councils will oversee formation of Grievance Handling Committees including representatives of the community in the project area; d) The project will use local mechanism, which includes Village Government, Ward Ex- ecutive Office, District Council, Regional Secretariat and Ministry. These levels will ensure equity across cases; and will eliminate nuisance claims and satisfy legitimate claimants; e) The response time will depend on the issue to be addressed but it should be addressed with efficiency, but not less than 7 days; f) Replacement of damaged utilities will be done to public utilities or individual affected person only after a written consent of the institutions or and for individual properties should involve both husband and wife where applicable. Should an institution or individual refuse the replacement suggested, an appeal to District Councils Authority could be considered.

9.3 Grievance Management Mechanism 9.3.1 Local Grievance Committee

The project will have its own Local Grievance Redress Committee (LGRC) that will based at Kilangali. The committee will meet whenever a grievance is filed (once a week) and will comprise of the following members:

i) Representative of PAPs, preferably 1 female PAPs and 1 male PAPs; the number of representative PAPs can be increased depending on the number of other committee members; ii) Village Chairperson who will be the Chairperson of the Local Grievance Commit- tee; iii) Secretary of the Village Land Council; iv) All members from the Irrigators Organization Conflict Resolution Sub-Committee (if available).

9.3.2 District Committee

At the district level there will be a District Grievance Redress Committee (DGRC) which will meet twice a month if there are any grievances files that could not be resolved at project level. The committee will have the following members:

i) The District Commissioner, Kilosa who will be the Chairperson of the District Griev- ance Redress Committee; ii) The District Executive Director, Kilosa who will be the Secretary for the Committee; iii) District Community Development Officer; iv) District Agriculture Officer; v) District Land Officer; vi) Representation of ASA or Local Grievance Committee Preferably Chairperson;

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Ward Executive Officer will be informed of all the complaints that will be taken from the village level to the District. 9.3.3 Appeals through Region, Ministry and Tribunals / Court System

It is assumed that all the cases shall be resolved at Local Grievance Committee level. It may be possible, however, that there are cases which might still remain unresolved at village level. For such cases, the PAP shall have the option to refer his/her case to District, Region, Ministry and appropriate court.

At the Region level, Regional Secretariat will deal with complaints from referred from the village level using the existing normal grievance handling. Complaints may be referred to Permanent Secretary of the Ministry of Agriculture if needed. Failure of the Grievance Re- dress Committee at different levels to settle the complaints, they will be addressed to the existing tribunals and/or local courts system of administration of justice. 9.3.4 GRM Reporting Channels

The ERPP will communicate this procedure to its external stakeholders to raise awareness and offer transparency of how stakeholders can voice their grievances. Various channels for external stakeholders to vocalize their grievances formally include:

1) Using Grievance Form  Stakeholders can complete or download a grievance form located at MoA website www.agriculture.go.tz the filled form can be sent to Project Offi- cials at different levels through email or post mail. The Project Officials will channel the complaint to the concerned committee for resolution;  Local affected farmers and villagers can collect grievance forms that will be provided at the Kilangali Village Council Office. The affected farmers will collect the forms, fill them and return them to the village office. The village council office will them register them and forward them to the Local Griev- ance Committee for action.

2) Telephone  Stakeholders can make a call to the Village Council/District Council /MoA and speak to the respective GRM Committee/District ERPP Focal/Project Coordinator. Use +255 (0) 629 622520 if you wish to call MoA ERPP Project Coordinator;  Local affected farmers and villagers can call the following: o Village Executive Officer (VEO)-Mobile number 0714439182/ 0762840915, o Chairperson of the Kilangali Village Council/Chairperson of the LGRC- Mobile number 0718721500

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3) Use of SMS –  Complainants outside Kilangali can write message to the Project Officials through the mobile number +255 (0) 629 622520;  Local affected farmers and villagers can write a text message to the following: o VEO-Mobile number 0762840915, o Chairperson of the Kilangali Village Council/Chairperson of the LGRC- Mobile number 0718721500

4) Email - Grievances can be sent to Project Coordinator by email [email protected] or other Project Officials at different levels;

5) Face to face  Stakeholders can voice their grievance to any Project Official who will then escalate using the correct process;  Local affected farmers and villagers can meet and discuss face to face about their grievances with the VEO, Chairperson of the Kilangali Village Counci- lor Chairperson of the Local Grievance Committee;

6) Use of Suggestion Box – Community can use a Project suggestion box that will be placed at the Village Council Office.

All received complaints must be recorded in a Complaints Log Book for future monitoring and references.

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10 ORGANIZATIONAL RESPONSIBILITIES AND IMPLEMENTATION SCHEDULE

10.1 Overview

Successful implementation of the RAP requires a functioning and effective institutional framework to achieve an efficient land acquisition and resettlement process. The institutions will be responsible for guiding implementation and monitoring of the RAP. This institutional framework will outline the interfaces for all stakeholders involved in RAP implementation, allowing for close cooperation between all responsible parties. The identified institutions who will be responsible for the RAP implementation are ASA, MoA, Morogoro Regional Office, Kilosa District Council, Kilangali Village Council, several committees and implementing partners.

10.2 Roles and Responsibilities

Table 10-1 below shows the roles and responsibilities of all institutions responsible for the RAP implementation.

Table 10-1: Organizational Roles and Responsibilities S/No Institution/Organization Roles and Responsibilities

1 MoA The MoA is the owner of the project, whose aim is to produce, distribute and sell certified rice seed to the public. However, MoA has given ASA the responsibility to produce, distribute and sell the certified rice seed at Kilangali Rice Seed Farm on its behalf. The main role and responsibility of the MoA will be:  To provide oversight as required to ensure that the RAP meets its overall objectives. 2 ASA The ASA operates on behalf of the MoA and is responsible for production, distribution and selling of certified rice seed. The ASA will have the following roles and responsibilities:

 Overall delivery of the RAP;  Ensuring that all necessary resources are available for implementation of all resettlement measures and com- pensations as defined in the RAP;  Give all necessary support to the RAP Implementation Committee (RIC)such as providing all necessary resources and approvals. 3 Morogoro Regional Of- Regional Offices are the highest-ranking local government fice administrative organs in the country. The regional authorities are responsible for the coordination of all the districts

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S/No Institution/Organization Roles and Responsibilities

development activities. The Morogoro Regional Office will have the following roles and responsibilities:  Deal with complaints that have been referred to them from the DGRC at the district level with respect to the RAP. The regional office will use the existing normal grievance procedures to resolve the referred grievances;  Any unresolved cases at the regional office will be referred to the court systems. 4 Kilosa District Council Administratively, the district councils are responsible for all development activities at the district level. Authoriza- tion or permits to carry out any activity in the district has to be obtained from the DEDs. The Kilangali Rice Seed Farm is in Kilosa district, and all development projects are overseen by the DED of Kilosa District Council. The Kilosa District Council will have the following roles and responsibilities:  Oversee the activities of the DGRC which will meet twice a month if there are any grievances referred to them that could not be resolved at project/village level;  Support ASA and the RIC in the implementation of the project;  Ensure that the project is implemented as planned and the objectives are met. 5 Kilangali Village Council The village council is the lowest level of authority in the district. This is where development activities are implemented. The proposed project is being implemented in Ki- langali village. The Kilangali Village Council will have the following roles and responsibilities:  Give all necessary support to ASA and RIC in the project and RAP implementation process;  Arrange for community meetings as necessary if required by the RIC;  Transmit project information from the district council, ASA, or RIC to the local community as required. 6 RAP Implementation The RIC will be directly responsible for ensuring that all Committee elements of the RAP are implemented accordingly. The RIC will consist of representatives from ASA, Kilosa Dis- trict Council and Kilangali Village Council. Specific roles and responsibilities are:

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 Oversee the implementation of all RAP activities;  Ensure robust reporting and identification of corrective action;  Keep records and documentation of all RAP activities. 7 District Local Grievance The District Local Grievance Committee will be based at Committee Kilosa and will be responsible for:  Resolving complaints that have been referred to them from the LGRC at the village/project level;  The committee will refer any unresolved cases to the regional office or to the court systems. 8 Local Grievance Com- The LGRC will be chaired by the chairperson and will be mittee responsible for:  Receiving grievances from the affected farmers and ASA at the village/project level and recording them;  Addressing all grievances received;  Where applicable call a meeting with the ag- grieved applicants for resolution of the matter;  Refer cases that are not resolved to the Local Griev- ance Committee. 9 Development Partners The main Development Partner is the GAFSP through WB. It is the interest of the WB that the RAP is implemented smoothly and all arising grievances are resolved amicably.

10.3 Implementation Schedule

The general RAP implementation schedule is shown in Figure 10-1. The schedule shows the necessary tasks in implementing the RAP and ensuring that the rice seed project is implemented to meet the intended objectives. In preparing the schedule, the following have been taken into consideration:  Some resettlement measures have started to be implemented since 2018 as per the MoU between ASA and Kilangali farmers;

 The schedule is for 5 years. This is the time when all agreed resettlement measures in the MoU between ASA and the farmers will have been implemented;

 Some key activities such as planning, disclosure, approval of tools and formation of key committees will start by June 2019.

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No. Activities Year 1-(2018) Year 2-(2019) Year 3-(2020) Year 4-(2021) Year 5-(2022)

1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 12

1 RAP Disclosure

Selection of RAP implementation 2 commitee Approval of RAP implementation tools eg, 3 Grievance forms, M&E forms etc Formation and approval of LGRC and 4 DGRC Establishment of the current status of 5 MoU implementation Provision of temporary cultivation land 6 and seeds for the 2017/2018 season Preparation of cultivation 1st batch of 200 7 acres of land for affected farmers Preparation of cultivation 2nd batch of 8 300 acres of land for affected farmers Construction of access roads for the local 9 community

10 Monitoring and Evaluation

Figure 10-1: RAP Implementation Schedule

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11 MONITORING AND EVALUATION

11.1 Objectives of Monitoring and Evaluation

Monitoring and Evaluation (M&E) components in a RAP are important as they verify the implementation status of the RAP at a given time. The general objective of M&E is to provide feedback to the RAP implementation team whether the RAP is being implemented as originally planned, according to the planned schedule and whether it meets the required objectives. The specific objectives are as listed below:

• To ensure smooth implementation process of the RAP; • To monitor key milestones for the RAP deliverables; • To audit compliance of the RAP’s implementation schedule and budget with the objectives of the RAP; and • To evaluate impacts of the project on the welfare of affected households.

11.2 Duration of Monitoring and Evaluation

M&E activities will be carried out for a minimum of 5 years. This is the time when all agreed resettlement measures in the MoU between ASA and the farmers will have been implemented. However, after the 5 years, the M&E activities can be continued for a period of say 1 year to monitor the long-term socio-economic impacts resulting from the project implementation.

11.3 Scope of Monitoring and Evaluation

Broadly, the monitoring and evaluation system will involve: 11.3.1 Administrative monitoring

This includes but not limited to planning, implementation, feedback and troubleshooting, PAPs documents maintenance, progress reporting etc; 11.3.2 Socio-economic Monitoring

This mainly involves using baseline information to compare the PAPs’ socio-economic conditions over time. The objective of socio-economic monitoring and evaluation is to assess positive or negative changes in the livelihoods and standards of living of affected parties brought about by the resettlement by the project. This assessment can be done using participatory approaches like focus group meetings and key informant interviews. The objective is to assess, from the perspective of the affected people: attitudes towards the resettlement initiatives, perceptions and suggestions relating to project impacts, both positive and negative (e.g. income generation, food security, access to social services etc). For Kilangali, socio economic monitoring through participatory approaches is easy to carry out since the PAPs are clustered in one community/village.

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11.3.3 Impact Evaluation Monitoring

This includes but not limited to monitoring income changes over time, with a special focus on livelihoods restoration or improvement. The impact evaluation will determine: (i) If compensation measures have been completed in a satisfactory manner; (ii) If PAPs are satisfied with any other agreed mechanisms to handle loss other than compensation; and (iii) If there are improvements in livelihoods and well-being of PAPs.

Several indicators are used to measure these impacts, these include, among others, a com- parison of income levels before-and-after the project; access the project; changes in standards of housing and living conditions; and improvements in level of participation in project activities.

11.4 Components of Monitoring and Evaluation

There will be two key components of M&E; namely: (i) internal monitoring; and (ii) external evaluation. These are summarised below. 11.4.1 Internal Monitoring

Internal monitoring will be carried out by an appointed M&E committee. The committee will comprise of representatives from MoA, Morogoro Regional Office, Kilosa District Council, ASA and Kilangali Village Council. As required in the RPF, the M&E committee will be required to prepare internal monitoring reports on quarterly basis. During the reporting period, the quarterly reports will mainly focus on the following: progress of implementation of agreed resettlement measures; new grievances if any; number of unresolved grievances; etc 11.4.2 External Evaluation

External evaluation will be carried out by an appointed independent entity to assess whether compensation and other measures agreed by ASA and the PAPs in the RAP have been properly carried out. The appointed independent entity will also assess performance of the RAP implementation team and implementing partners. External evaluation will be undertaken annually throughout the duration of the RAP implementation and until a completion audit has demonstrated successful conclusion of resettlement. The external evaluator could be a Consultant appointed by MoA or the World Bank.

External evaluation will rely on data collated from primary and secondary sources and internal monitoring outputs such as monitoring reports, minutes of meetings and progress reports etc. The External evaluator will recommend corrective measures if so required.

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11.5 Monitoring and Evaluation Indicators

The M&E committee will be required to prepare an M&E plan. In order to measure the an- ticipated outcome, the committee will be required to prepare some M&E indicators. The indicators will show the signs of progress or stagnation and will determine whether the project interventions/measures are on their way to achieving the project goals and objectives or not. The indicators could be input, output or outcome based. The table below shows examples of such monitoring indicators.

Table 11-1: Examples of Monitoring Indicators No. Examples of Indica- Examples of monitoring indicators tors 1 Input/process indica-  Amount of money already spent in implementing reset- tors tlement measures;  Number of staffs deployed for implementing resettle-

ment measures;  No. of meetings held with regards to the RAP implementation;  Grievance mechanism developed and distributed.

2 Output indicators  Minutes of meetings;  No. of acres of land cleared and prepared for resettle-

ment;  Number of open and closed grievances;  Amount of farm inputs (e.g seeds) supplied to farmers;

3 Objective / outcome  % of farmers in Kilangali with improved livelihoods; indicators  % of farmers in Kilangali with access to irrigation land;  % of households in Kilangali with access to improved social services  % of improved agricultural productivity in Kilangali village as a whole

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12 COST AND BUDGET

12.1 Assumptions in Preparing the RAP Budget

In normal circumstances, costing and budgeting of a RAP is usually derived from approved valuation and compensation report of the subject project. For the Kilangali sub project, such valuation exercise was not carried out because the farmers and ASA had already agreed on a resolution procedure that was eventually bound by a MoU. Due to lack of a valuation and compensation report, the following assumptions shown in the Table 12-1 below have been considered in preparing the RAP budget.

Table 12-1: Assumptions for Preparing the RAP Budget No. Item Assumption Made 1. Land compensation  No records of land valuation in Kilangali are available. It is assumed that the value of land in Kilangali is approx. Tshs.500,000.00 per acre.

 Even though the farmers were relocated to a reserve land belonging to the village council for free, for the purpose of preparing the RAP budget, the village land is valued. 2. Clearing of land A rate of Tshs. 200,000.00 per acre is assumed 3. Crop compensation No crops will be compensated. The PAPs will be allowed to harvest all their rice crop before vacating the land. There are also no permanent crops like fruit trees, as the disputed farm is only used for paddy cultivation. 4. Provision of tempo- It is assumed that the temporary land to be provided to rary cultivation land the farmers belongs to ASA and will only require some minor improvements such as roads, unlined canals for irrigation etc. It is assumed that such improvement will cost approx. Tshs. 50,000.00 per acre 5. Provision of Seeds A rate of Tshs 2,500 per kg of seeds is assumed, the current price at which ASA sells rice seed 6. Provision of irriga- There is no detailed information on the design and re- tion water and con- quired lengths of canals. It is assumed that construction struction of canals of canals will cost approx. Tshs. 100,000 per acre for ordi- nary canals that are not lined with concrete 7. Access roads and Information is not available on the length (Km) of access through the Seed roads required. A provisional sum for Tshs. 10,000,000.00 farm for the local is provided for grading of earthen access roads. community

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No. Item Assumption Made 8. Allowances to PAPs  Other than the cash compensation agreed in the MoU between ASA and the farmers, no other allowances are considered in the framework of the MoU.  Secondly, since there is no physical relocation of people and their properties, PAPs are not entitled to any other forms of allowances such as disturbance allowances, transport allowances, accommodation allowances etc. 9. Grievance handling It is not possible at present to accurately estimate the cost and monitoring costs of resolving grievances and monitoring the RAP implementation. A provisional sum of Ths.50,000,000.00 is provided for the entire duration of 5 years. 10. Contingency To cover for unforeseen or under estimated costs, a contingency of 5% has been provided

12.2 Indicative RAP Implementation Budget

From the above assumptions, the total indicative budget for implementing the RAP will be TZS. 488,250,000.00. Details are as shown in Table 12-2 below:

Table 12-2: Indicative RAP Budget No. Item Unit Quantity Rate (Tshs.) Amount (Tshs.) 1 Land compensation Acres 500 500,000.00 250,000,000.00 2 Clearing of land Acres 500 200,000.00 100,000,000.00 3 Cash compensation as agreed Sum 1 3,000,000.00 0 in the MoU (already paid) 4 Crop compensation Provisional 0 0 - Sum 5 Provision of temporary culti- Acres 100 50,000.00 5,000,000.00 vation land 6 Provision of Seeds (already Kgs 800 2,500.00 0 provided) 7 Provision of irrigation water Acres 500 100,000.00 50,000,000.00 and construction of canals 8 Access roads and through the Provisional 1 10,000,000.00 10,000,000.00 Seed farm for the local com- Sum munity 9 Allowances to PAPs Provisional 0 - - Sum 10 Grievance handling and Provisional 1 50,000,000.00 50,000,000.00 monitoring costs Sum Sub total 470,000,000.00 11 Contingency % 5 23,250,000.00 Grand total 488,250,000.00

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13 LIST OF REFERENCES

The following documents have been used as reference documents:

a) Invitation for Proposal and Terms of Reference (ToR) for Preparation of the Resettle- ment Action Plan (RAP) for Kilangali Seed Farm in Kilosa District, Morogoro Region, Tender No. ME 012/2018-19/ERPP/C/61: November 2018.

b) Technical Field Visit Report on Social Safeguard for Kilangali Farm for Expanding Rice Production Project (ERPP): September 2018

c) Framework for Grievance Redress Mechanisms for Tanzania Mainland for Expand- ing Rice Production Project (ERPP): June 2018.

d) “Hati ya maridhiano ya kumaliza mgogoro wa mipaka baina ya Wakala Wa Mbegu Za Kilimo (ASA) chni ya Wizara ya Kilimo na wakulima 213 wa Kijiji cha Kilangali waliofungua kesi ya ardhi 44/2014 katika Mahakama Kuu Kitengo Cha Ardhi Dar es salaam”: November 2017

e) Resettlement Policy Framework (RPF) for Expanding Rice Production Project (ERPP): June 2014

f) Environmental and Social Management Framework (ESMF) for Expanding Rice Pro- duction Project (ERPP); June 2014.

g) Handbook for Preparing a Resettlement Action Plan; IFC-Environment and Social Development Department; 2002

h) The URT EIA and Audit Regulations no. 349 of 2005.

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ANNEXES

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Annex 8-1: MoU between ASA and affected farmers

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Annex 9-1: List of Consulted People

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Annex 10-1: Complaints Log Form

Serial Number…………………………

Photo

OFFICIAL GRIEVANCE HANDLING FORM - ERPP

DETAILS OF THE PROJECT AFFECTED PERSON

Surname: ………………...… First Name: ………….……… Other: ……………...…

Gender: Female ….……… Male …….…... Contact Number: ……………………

Occupation: ………………………………………………………………

Marital Status: Married Single Divorced Widow(er) Separated

Name of Spouse: ………………………… Contact Number: ……………………………

Next of Kin: ……………………………. Contact Number: ……………………………

Physical Address: .……………………………………………………………………………

…………………………………………………………………………………………………

Ward / Street: ………………………………………………

GRIEVANCE DESCRIPTION

Signature of Complainant:…………………………… Date: ………….…………….

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FOR OFFICIAL USE ONLY

Reg. Number: …………………………………… Date Opened: …………………………

Name of the Recorder: ………………………… Contact Number ………………………

Location:……………………………………..…

Comments from Grievance Handling Committee

District:…..……………………

Resolved Referred Closed

Reasons for Referral:………………………………………………………………………….

………………………………………………………………………………………………….

Date: …………………. Name & Signature of Officer ……………………………………

To be filled by Project Affected Person:

Unsatisfactorily handled Satisfactorily Handled

The information filled above is true and correct to the best of my knowledge.

Date: …………………. Signature of Complainant: ……………………………

Comments from Grievance Handling Committee

Resolved: Referred: Closed:

Date: ………… Name: ………… Signature of GHC Official …………...…………

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