Tanzania Electric Supply Company Limited

TANZANIA ELECTRIC SUPPLY COMPANY LIMITED

RESETTLEMENT ACTION PLAN (RAP) FOR THE PROPOSED CONSTRUCTION OF 132KV TRANSMISSION LINE FROM MALAGARASI TO KIDAHWE SUBSTATION (53 KM), KIDAHWE 400/132/33KV SUBSTATION AND HYDROPOWER PLANT AREA IN IGAMBA

Developer: Tanzania Electric Supply Company Limited (TANESCO) Umeme Park, Ubungo Area, P.O. Box 9024, Dar es Salaam, Tanzania, Telephone: +255 22 2451133/, Fax: +255 22 2451149

Prepared By: JOHN E. LAZIMAH ANTUJA W. MSUYA HAMISI M. BOBY TLUWAY Q. SAPPA

28th August, 2017 LIST OF ABBREVIATIONS AND ACRONYMS

ACSR Aluminium Conductor Steel Reinforced AfDB African Development Bank AIDS Acquired Immunodeficiency Syndrome CBO Community-Based Organization CMP Catchment Management Plan DC District Commissioner DED District Executive Director DMO District Medical Officer EA Environmental Assessment EIA Environmental Impact Assessment EIS Environmental Impact Statement EMA Environmental Management Act EMP Environmental Management Plan ESIA Environmental and Social Impact Assessment ESMP Environmental and Social Management Plan GIS Geographic Information System GRM Grievance Redress Mechanism HCF Hopes of Community Foundation HIV Human Immunodeficiency Virus HPP Hydro Power Plant JGI Jane Goodal Institute KACON Kigoma AIDS Control Network Kv Kilo Volt MAPAO Mandela Paralegal Organisation MCA Millennium Challenge Account MCC Millennium Challenge Corporation MW Mega Watt NEMC National Environment Management Council NEP National Environment Policy NGO Non-Governmental Organization NHSDP National Human Settlements Development Policy OD Operational Directives OP Operational Policies

OS Operational Safeguards PADP Project Area Development Plan PAPs Project Affected Persons/ People PCR Physical Cultural Resources PIU Project Implementation Unit PMU Project Management Unit PSMP Power System Master Plan RAP Resettlement Action Plan RC Regional Commissioner RCMU Resettlement and Compensation Management Unit ROW Right of Way SEP Stakeholders Engagement Plan STDs Sexually Transmitted Diseases TAC Technical Advisory Committee TACARE Lake Tanganyika Catchment Reforestation and Education TANESCO Tanzania Electric Supply Company TL (s) Transmission Line(s) TOR Terms of Reference TPP Thermal Power Plant URT United Republic of Tanzania WRCC Ward Resettlement and Compensation Committee WB World Bank

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EXECUTIVE SUMMARY

ES.1 Introduction The Kigoma region is among the 26 regions of Tanzania Mainland. The region is situated in western Tanzania and it borders the Democratic Republic of Congo (DRC) with Lake Tanganyika to its west, Tabora and Geita regions to its east, Kagera region and Burundi to its north and Katavi region to its south. Its economy is primarily agricultural based with large population engaged in subsistence agriculture farming apart from other activities like fishing, beekeeping, and livestock keeping. Kigoma Region has a lot of potential for development but the underdevelopment of economic infrastructure such as roads, unreliable rail and air transport and inadequate supply of electricity has been the most significant barrier to industrialization and socio-economic development of the region. The Government of Tanzania has been taking various measures to open up economic opportunities of the region. Among the measures include upgrading of road network to bitumen standard (Kigoma – Tabora and Kigoma – Nyakanazi), improvement of railway line and turning Kigoma as a dry port for neirbour countries hence making Kigoma a terminal of the central railway and a transit port to the DRC, Rwanda, Burundi and Zambia for both passenger and cargo services, declaring Kigoma as a FREE TRADEA AREA to cater for the regional trade.

In order to support those economic activities, availability of reliable electricity supply to the region and its districts of Uvinza, Buhigwe, Kasulu, Kibondo and Kakonko is of paramount importance. With all other efforts, the Government of Tanzania in corroboration with the African Development Bank (AfDB) through the Tanzania Electric Supply Company Limited (TANESCO) is intending to construct a 132kV transmission line from Malagarasi Hydropower Plant to Kigoma substation where there will be a 400/132/33 substation to receive the power line from Nyakanazi. The proposed transmission line is intended to evacuate about 44.8MW of generated power from Malagarasi Hydropower plant. The grid substation will be constructed at Kidahwe in Kigoma District Council. The transmission line will be about 53km long.

Therefore, the main objectives of the project is to supply reliable electricity in Kigoma region and attract connection to the national grid and get rid of diesel power generation which is quite expensive.

However, the most critical point in respect of socio-economic issues in this context is the compensation of third party properties and interests along the transmission wayleave, substation and hydropower plant areas. Hence the need for Resettlement Action Plan (RAP) preparation.

The objective of this Resettlement Action Plan (RAP) is to ensure that all households and persons that will be affected by the proposed Malagarasi Hydropower Project

(HPP), transmission line and substation are promptly and fairly compensated for any loss of crops, land and assets (houses and other building structures). Efforts have been made during the detailed planning phase and survey of the proposed transmission line route to minimise impacts by avoiding settlements

Also RAP aims to fulfil the requirements defined in the national legislation pertaining to resettlement, most notably the Land Acquisition Act of 1967, the Land Act and the Village Land Act of 1999 and the Land Regulation of 2001. Also RAP considers the provisions of the AfDB OS 2 policy and the World Bank Operational Policy on Involuntary Resettlement (WB OP 4.12).

The following are the main objectives of Resettlement Action Plan  Define rules for eligibility for compensation  To present a social-economic basis of project affected persons (PAPs) for which identification of entitlements and livelihood restoration strategies for minimizing the impacts on the PAPs so as to improve their livelihoods and standards of living or at least to restore them in a pre – displacement levels  Establish land acquisition and compensation processes and establish a dispute resolution mechanism to address any grievances arising from the displacement  Identify gaps between international guidelines and the laws of Tanzania on matters addressing issues of involuntary displacement and suggest how the gaps can be narrowed to meet international best practices  To propose the monitoring and evaluation program that will measure how well the mitigation will be implemented during the project cycle  To recommend cost effective measures to be implemented to mitigate against the expected impacts  To identify the criteria for different categories of PAPs who would require some form of assistance, compensation, rehabilitation or relocation (vulnerable groups)  To present proposed livelihood restoration measures for the affected PAPs and the villages as discussed with PAPs.  To identify the project affected persons (PAPs) and type of assets they own  To assess and present type of vulnerable groups and propose the appropriate mitigation measures

ES.2 Project area and Project Description The proposed project will be located in Kigoma district council and Uvinza district council. Uvinza district council will have large portion of the project area as the Malagarasi HEP and 90% of the proposed 132kV transmission line will be positioned in the district while Kigoma district council shall be occupied by 400/132/33kV substation and 10% of the 132kV transmission line. The hydropower plant is located in Igamba while the transmission line traverses Mazungwe and Kazuramimba in Kazuramimba ward, Kalenge and Mlela in Kandaga ward all in Uvinza District and

Kidahwe in Kidahwe ward in Kigoma District.

The proposed project involves a construction of about 53km of 132kV overhead transmission line from Malagarasi Hydropower Plant to new Kigoma 400/132/33kV substation, Construction of hydropower plant (44.8MW) utilizing Igamba falls stage III with associated facilities, construction of new 400/132/33kV substation and a switch yard at Malagarasi.

The transmission line will utilize a 20m wide corridor from Malagarasi switch yard to Mazungwe and 26m wide corridor from Mazungwe to Kidahwe respectively. Two types of towers are being considered mono tubular towers or self-supported lattice steel towers. Both will have concrete foundations.

The proposed Malagarasi Hydropower plant Stage III was recommended after Malagarasi Stage II was dropped due to environmental concerns. The power plant has been designed to yield a maximum of 44.8MW using maximum water flow of 171m3/s and deliver 186.8 GWh with a plant factor of 0.48. The plant will have 3 generators rated 15.75MW each utilizing a head of 30.5m and unit water flow of 57m3/s.

The proposed substation is designed to have a single busbar system of 400kV with possibility of future upgrade to 400kV double busbars. The substation will have one 400/132kV 120MVA power transformer and one 132kV/33kV 40MVA power transformer with each having a spare transformer. The rated power of the transformers covers the estimated power demand and also include the generated power from Malagarasi hydropower plant as well as expected future load increase.

The project components leading to RAP also involves the construction of graveled access road of about 27 km from the main Kigoma – Uvinza road south to the Malagarasi River Stage III site

The total land requirement for the project is 1,742 hectares with land breakdown as shown in the table below:

Item Village/Area Hectares Acres Transmission Line (20m corridor) Igamba Mazungwe 40.0 98.8 Transmission Line (26m corridor) Mazungwe Kidahwe 85.6 211.5 Substation Site Kidahwe 150.0 375.0 Hydropower Site Igamba 1,466.5 3,623.6 Total Land Requirement 1,742.1 4,309.0

The cost for the 400/132/33kV substation is estimated to cost USD 20.8 million and for the 132kV transmission line is estimated to be USD 9.805 million while the cost for the hydropower plant and its facilities was USD 149.5 million without VAT (2010

vi value). On the other hand the estimated cost for compensation without the cost for other livelihood restoration is about TZS10 Billion or USD 4.5 million.

The project is anticipated to be commissioned after 3 years and 4 months (40 months) from contractors’ commencement to the normal operation of the hydropower plant.

ES.3 Legal and Policy Framework Constructing the facilities for the proposed development project will support several national policies and laws that promote economic development, community participation, energy development and improvement of social services. The implementation of the project complies with a number of national policies, laws, regulations, guidelines and standards. Several of the laws and policies that the proposed development comply with include:  The National Energy Policy of Tanzania (URT 2015)  The Environment Management Policy (1997) and Act (2004);  The National Land Policy (1997) and the Land Act (1999);  The Village Land Act (1999);  The Land Acquisition Act (1967);  National Human Settlements Development Policy (2000)  The Land Regulations (2001).

The RAP framework has also presented the African Development Bank (AfDB) Operational Safeguard Operational Policy OS 2 on Involuntary Resettlement land acquisition, population displacement and compensation and the World Bank OP 4.12 guidelines on Involuntary Resettlement of which the proposed RAP need to comply with.

ES.4 Socio-Economic Aspects Villagers who will be affected by the project have most of the basic social services available, as described in socio-economic profile and analysis chapter. The services include schools, water, health and communications, roads police etc. However, most of these services are either too far or of poor quality or not sufficient. It has been noted that the previous proposed Project area under MCC affect some of the existing social and cultural infrastructures such as churches which however were cash-compensated in 2012.

Most of the local communities along the newly proposed 132kV line, substation and substation areas are small-scale farmers, practising agriculture and livestock keeping as their main economic activities. Other PAPs, especially those in semi urban areas, are employed or self-employed in commercial and service activities. Most farmers practice subsistence farming with very low annual output. There is very little use of agricultural fertilizers and mechanization. Seasonal crops grown include palm oil trees grown for cash crops, whereas food crops include cassava, sweet potatoes, maize,

vii groundnuts and beans.

ES.5 Community Participation and Consultation The overall goal of the consultation process among others was to disseminate project information and to incorporate affected people's views in the RAP. The specific aims of the consultations are to improve project design and lead to fewer conflicts and delays in implementation; facilitate development of appropriate and acceptable entitlement options; increase long term project sustainability and ownership, and reduce problems of institutional coordination. They also aim to make the resettlement process transparent; increase the effectiveness of sustainability of income restoration strategies, and improve livelihood restoration process. Views of the PAPs among others included the following:  Villages affected by the project should benefit from the project as part of the livelihood restoration. The project should considers supporting the villages on the following: o Construction of Health centres, Water projects, construction of Secondary schools, construction of Vocational training centes, etc.  Densification electricity in the villages affected by the project  Assurance of employment of the youth for semi-skilled and unskilled jobs  Land acquisition to be done according to the relevant national legislations and financiers’ requirement  Avoid delaying of compensations payment  Making sure PAPs and local leaders are involved in the project  Sensitization meetings are to be done to the project affected people before land acquisition processes.  During land acquisition process make sure village leaders are involved effectively in order to solve some disputes at village level  Pay compensation to affected fairly and timely  All grievance to raise after compensation should be addressed accordingly and collaborate with ward and village officials to solve all disputes that might raise after land acquisition processes

ES.5.1 Stakeholder Engagement Plan The RAP includes a Stakeholder Engagement Plan (SEP). The overarching purpose of the SEP is to ensure regular, timely, accessible and appropriate dissemination of information; and to involve stakeholders in the design of mitigation measures, among others in the whole project cycle. Therefore, the stakeholders’ engagement will continue throughout resettlement planning and implementation.

ES.6 Potential Impacts The following are the main types of expected impacts leading to economic losses and/or physical displacements and resettlement.

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ES.6.1 Loss of residential and productive land and resources Since no buildings will be permitted within the wayleave, about 150 ha of potential farm land will be lost for substation area, 1,466 hectors hydropower and facilities and 126 hectors will be acquired for proposed power transmission line. So about 1,742 hectors in total of land for agriculture and grazing will be lost and out of that about 276 hectors will cleared to allow the construction of the towers, switch yards, hydropower facilities, access roads, workers houses and substation.

However, no major threats will be posed to livelihoods, as most people in the project area will be able to continue with their farming and livestock keeping activities within their villages and compensation will enable them get another plots. Land is sufficient in all villages along the RoW, For 26 Meter wide from Mazungwe to Kidahwe the impacted land is farm land only and open village land no settlements will be impacted,

ES.6.2 Loss of structures and shelter No structure or shelter will be impacted within 26 meter wide wayleave corridor for 132kV TL between Mazungwe and substation area nor HPP area, except in settlements that were within the 20 meter wide from Igamba to Mazungwe which was acquired 2012 under the MCC project. The PAPs in this corridor were already compensated, however, about 64 people still have the claims over unpaid land, structures and crops. These grievances will be addressed before the project is implemented.

ES.6.3 Loss of income sources or means of livelihood For the major part of the transmission line corridor, substation area and HPP the land is used for small scale cultivation. Some of this land will be taken permanently for the transmission line towers and substation after effecting compensation payments.

ES.6.4 Loss of cultural and archaeological property About 7 graves have been found inside the project areas i.e. the proposed new substation area, proposed area for HPP and along proposed area for TL. All of these graves will be relocated based on grave relocation Act of 1969. If there are existing shrines they too will be relocated since the cultural practice of the area allow the relocation of shrines.

The Antiquities Department highlighted the importance of conserving any such sites and archaeological features that will be found within the wayleave. Such cultural heritage sites should be avoided completely. For time being of this study none have been found in the project area. However if found during excavation the necessary reporting and measures will be taken

ES. 7 Institutional and Organizational Framework In RAP implementation for the proposed project, there will be many actors who will be involved in various capacity. While TANESCO is a project implementer it needs other

ix bodies or institutions for approval, collaboration and for successful implementation of the project. The key institutions that will be involved in the resettlement planning and implementation will be:  TANESCO (project proponent);  The Ministry of Lands, Housing and Human Settlements Development (Land issues and approval of compensation rates and compensation schedules (Chief Government Valuer));  Regional and District Commissioners’ Offices (for endorsement of the compensation schedules and grievance redress);  Uvinza and Kigoma District Councils (oversee the land interest in the village, land use plans, collaborate with TANESCO in valuation, approval of rates, valuation report, compensation and grievances resolution);  Local authorities (i.e. ward and village leaders); and  Project financiers to give no objection to the RAP

ES.8 Eligibility and Entitlement According to Tanzanian legislation, all owners of properties located within the proposed wayleave at the time of inspection and valuation will be eligible for compensation. Notices to claim compensation will be served to all owners of affected properties along the wayleave using Land Form No.14. A "cut-off" date for eligibility for compensation and resettlement measures will be determined by the date on which these notifications are served. The owners or occupiers of the properties are expected to complete and submit Land Form No.15 and to agree upon a date for official valuation of their properties.

There are three categories of relocated people that have been identified. Those losing land parcels, those losing crops, those who will lose shelter, those who will have grave relocated and those who will suffer damage during project implementation and those who have no land but having crops on someone’s land.

PAPs losing houses will be entitled with the following:  Cash compensation for the land according to market value of the subject area, type of building and materials used and condition. Disturbance allowance at 8% of estimated land value. Compensation of the residential land plot at local market value, accommodation allowance equivalent to 36 months’ rent for the displaced house, transport allowance at cost to move 12 tons of luggage for 20 km.

PAPs losing land parcel with crops the entitlement will include the following:  Compensation of the agricultural land inside the project area according to area and local land market prices. Cash compensation for perennial crops, fruit trees, shade tresses and other commercially valuable standing crops (banana, etc.) at the time of valuation based on the government price list of

each crop or tree. Disturbance allowance at 8% of estimated land value and crop value. Annual crops will not be compensated rather the PAPs will be allowed to harvest them.

The last category is the special case of vulnerable people, such as widows, single mothers, child-headed households, handicapped people, HIV/AIDS victims, and the elderly who when relocated often require special assistance to cope with the relocations. These PAPs apart from the above entitlements, they will receive special or supplementary measures considering their particular needs.

The details of other categories of PAPs are obtained in chapter 9.

ES.9 Livelihood Restoration and Community Development Apart from compensation, there will be various livelihood restoration measures that will be implements to PAPs and the villages. These include training, assistance, employment and construction of facilities that may have positive impacts to the communities. These measures among others include:  Allowing PAPs to harvest their crops that have reached maturity;  Allowing PAPs to salvage materials from structured to be demolished;  Providing fair and prompt compensation to PAPs to allow them acquire news land before the rain season to allow them to cultivate  Provide access to agricultural extension services to affected communities;  Provide training in improved farming and management methods;  Providing the trainings on entrepreneurship to enable them utilize the available opportunities to generate income.  Agree with the contractor to ensure provision of jobs as they are available to project affected people;  Distribution of tree seedlings to PAPs that will lose trees such as palm trees and provide training in seedling propagation and nursery management, and management of the trees to maturity level.  Providing electricity to affected villages without electricity and densification in the villages already having REA electricity.  In some cases there will be construction of health centres, secondary school, class room, support for water projects and improvement of access road.

ES.10 Grievance Mechanisms A grievance mechanisms have been described the path through which PAPs can lodge complaints/grievances and make a follow-up for grievances related to land acquisition and compensation. It describes stages and procedures to be followed during grievance management. TANESCO will have a duty to inform the PAPs about various grievance redress procedures and of their right to appeal if not satisfied.

Several committees at Village, Ward, District and Regional have been recommended to deal with complaints and grievances that are expected to raise during the RAP and compensation implementation. During the planning each village democratically selected between 5 and 12 people to be represented in the village committee depending on the size of the village. However, if the PAP is not satisfied with the committees’ decision, the land tribunals and court procedures will be followed.

ES.11 Monitoring and Evaluation Monitoring and evaluation (M&E) is necessary to check on implementation progress, to ensure that targets are being met, to assess the process used to plan and implement the resettlement exercise and to measure the socio-economic impacts of resettlement on the affected population against baseline conditions. Therefore for this proposed RAP for the transmission line, substation and the hydropower plant, monitoring and evaluation will have the following objectives:  To ensure that all eligible affected persons have received their full compensation entitlements within agreed timeframes  Whether actions and commitments described in the RAP are implemented fully and on time.  Whether RAP actions and compensation measures are effective in sustainably enhancing affected peoples’ living standards and income levels  Whether complaints and grievances lodged by PAPs are followed up and that appropriate corrective actions are implemented or have been implemented  Check whether changes in the RAP procedure are necessary in order to improve delivery of compensation to PAPs

There will be internal monitoring and external monitoring. The internal monitoring will be done by TANESCO resettlement and Compensation Management Unit which is under the project implementation unit. Regular reports will be issued preferably monthly and quarterly.

The external monitoring will complement the internal monitoring. It will be carried out by the independent monitors, who will use the internal monitoring data and other information provided by the Resettlement Management Unit. The external monitors will produce annual report and a completion report. The external monitoring among other things will report the following:  Whether baseline information on all PAPs has been collected, all losses inventoried and valued;  whether resettlement and compensation entitlements are in accordance with the approved valuation report and financiers’ requirement;  whether the consultation in connection with the agreement and disbursement of compensation is taking place effectively;  whether grievances are being processed and resolved in accordance with the approved grievance procedure; and

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 Whether there are any implementation problems or not and recommend redress measures ;

ES.12 RAP budget and Implementation Schedule Based on the surveyed assets to be lost due to project, the compensation cost provided has covered the cost of the following components:  Cash compensation for land acquisition;  Cash compensation for loss of fruit trees and other commercially valuable perennial plants;  Disturbance allowance;

The compensation in Uvinza and Kigoma districts are as shown in the tables below. For actual budgeting a contingency of 15% is to be included to address compensation claims that may arise from additional claims for compensation for land and crops that may be raised through the grievance structure and an additional 10% as a cost for livelihood restoration measures.

GRAND TOTAL OF LAND ,CROPS AND DISTURBANCE ALLOWANCE TO BE COMPENSATED (TZS) – UVINZA DISTRICT DISTURBANCE VILLAGES LAND VALUE CROPS VALUE ALLOWANCE SUB TOTAL Mazungwe 65,948,800.00 6,360,400.00 5,784,736.00 78,093,936.00 Kazuramimba 214,760,400.00 13,357,130.47 19,118,702.00 247,236,232.90 Kalenge 73,710,400.00 116,808,923.25 15,212,297.00 205,731,620.16 Mlela 122,705,600.00 26,591,552.00 12,416,128.00 161,713,280.00 Igamba 5,963,056,400.00 22,660,000.00 479,161,312.00 6,464,877,712.00 GRAND TOTAL 7,157,652,781.07 Exchange rate: 1 USD = 2250 TZS

GRAND TOTAL OF LAND ,CROPS AND DISTURBANCE ALLOWANCE TO BE COMPENSATED (TZS) – KIGOMA DISTRICT DISTURBANCE LOCATION LAND VALUE CROPS VALUE ALLOWANCE SUB TOTAL 77,983,200.00 32,404,536.68 9,477,519.58 119,865,258.26 Kidahwe Line

150,498,922 2,031,735,441.60 Kidahwe Sub 1,800,000,000.00 81,236,520.00

station

GRAND 2,151,600,699.86

TOTAL Exchange rate: 1 USD = 2250 TZS

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It should be noted some compensation was paid in 2012 between Mazungwe and Igamba. The compensation included cash compensation for the land, crops including fruit trees, palm trees and other commercially valuable perennial plants, compensation for the lost housing, disturbance allowance, accommodation allowance and transport allowance. The total compensation budget paid as shown below.

Description of the compensation Subtotal Land, Crops & Disturbance Allowance 36,770,160.00 Houses, Land and disturbance Allowance 28,199,209.00 TOTAL 64,969,369.00 Exchange rate: 1 USD = 2250 TZS

In this case a contingency of say 60% is to be included to address compensation claims that need to be redressed following the raised claims through the grievance structure of about 64 people.

The RAP implementation schedule covers a period of twenty two months (22) as shown in the schedule below to accommodate all planned activities to just before the project implementation begins. This is to ensure that all possible barriers and hindrances to the project implementation are dealt with. However, it is expected that some grievances may arise during the project implementation.

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Year of 2017 Year of 2018 Year of 2019 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

Phase 1.0: Preparatory activities (3 months)

1.1 Preliminary selection TL route x x

Physical verification of TL route made on line 1.2 routing

Stakeholders consultation on verification if there is 1.3 planned infrastructures under ROW

Adjustment of the line routing after feedback from 1.4 the field verification mission

1.5 Preparation of Draft RAP Report

Disclosure to Stakeholders Including potential 1.6 financiers

Phase 2.0: Incorporation of Stakeholders Comments Approval and Begins the RAP implementation (6 months)

3.6 Sensitization meeting based on agreed rates

2.1 Updating the Valuation of Assets

2.2 Verification of the Valuation Report by TANESCO

Preparation of Compensation Schedules and 2.3 Valuation after verification by TANESCO

Seeking the approval of Compensation schedules 2.4 by Chief Government Valuer and endorsement by relevant Authorities (DC, RC)

Compensation of properties and grievance 3 resolution (4 months)

3.1 Preparation of Compensation Funds

Effecting Compensation of properties to all project 3.2 affected persons and institutions

Grievance Resolutions and settlement of all 3.3 disputes

Supervision of Implementation, Implementation of 4 Livelihood Restoration Programs and Monitoring and Evaluation of RAP (12 months)

4.1 Implementation of livelihood programs

Supervision of RAP implementation and livelihood 4.2 restoration success

4.3 Implementation of vulnerable PAP assistance

4.4 Resettlement of Households

4.5 Monitoring and Evaluation

Construction supervision and follow-up of mitigation 4.6 measures

TABLE OF CONTENTS

Contents

LIST OF ABBREVIATIONS AND ACRONYMS...... II

EXECUTIVE SUMMARY ...... IV

LIST OF TABLES ...... XX

LIST OF FIGURES ...... XXI

CPHATER ONE: INTRODUCTION ...... 1 1.1 Introduction and Project Background ...... 1 1.2 Project Rationale ...... 2 1.3 The Resettlement Action Plan (RAP) study...... 2 1.4 Scope of the RAP ...... 3 1.5 Specific Objectives of the Resettlement Action Plan ...... 4 1.6 Implementation Responsibility ...... 5 1.7 Methodologies deployed for RAP ...... 5 1.7.1 Data Collection and Analysis ...... 6 1.7.2 Public Participation and Consultation ...... 6 1.8 Preparation of RAP Report ...... 7 1.9 Structure of the Resettlement Action Plan Report ...... 7 1.10 Disclosure of the Resettlement Action Plan ...... 8

CHAPTER TWO: PROJECT DESCRIPTION ...... 9 2.1 Project Description ...... 9 2.1.1 132kV Overhead Transmission Line ...... 9 2.1.2 Proposed 400/132/33kV substation at Kidahwe ...... 10 2.1.3 Hydropower Plant and Asssociated Facilities ...... 12 2.1.4 Access Road to the Malagarasi Plant ...... 14 2.2 The Phases of the Project Activities ...... 15 2.3 Construction Materials and equipment ...... 16 2.4 Camps and Storage Facilities ...... 16 2.5 Scope of the Project ...... 16 2.6 Project Site Description...... 17 2.7 Project Estimated Costs Cost Benefit Analysis ...... 19 2.8 Project Benefit ...... 19 2.9 Decommissioning ...... 20

CHAPTER THREE: POLICY AND LEGAL FRAMEWORK ...... 21 3.1 Policy Framework ...... 21 3.1.1 National Land Policy, 1997 ...... 21 3.1.2 The National Energy Policy (URT 2015) ...... 22 3.1.3 National Human Settlements Development Policy (2000) ...... 22 3.1.4 Water Policy (2002) ...... 23 3.2 Legal Framework ...... 23 3.2.1 The Constitution of the United Republic of Tanzania, 1977 ...... 23 3.2.2. The Land Act, 1999 ...... 23 3.2.3 Village Land Act No.5, 1999 ...... 24 3.2.4 Local Government (District Authorities) Act, 1982 ...... 24

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3.2.5 The Land Acquisition Act, 1967 (Act No 47/1967) ...... 24 3.2.6 The Land Disputes Court Act, 2002 (Act No.2/2002) ...... 25 3.2.7 The Graves Removal Act, 1969 ...... 26 3.2.8 The Land (Assessment of the Value of land for compensation) Regulations, 2001 ...... 26 3.2.9 The Land Compensation Claims Regulations, 2001 ...... 26 3.2.10 Antiquities Act (1964) ...... 27 3.3 International Funding Policies, Procedures and Guidelines ...... 27 3.3.1 African Development Bank Group (AfDB) Integrated Safeguards System ...... 27 3.3.2 World Bank Operational Policies ...... 30 3.3.3 IFC Performance Standard 5: Land Acquisition and Involuntary Resettlement (PS5) ...... 33 3.4 GAP Analysis ...... 34

CHAPTER FOUR: FINDINGS OF THE SOCIO-ECONOMIC SURVEY ...... 40 4.1 Number of households interviewed in each district, ward and village ...... 40 4.2 Size of households ...... 42 4.3 Sex, Age and Relationship of the respondent to the household heads ...... 43 4.4 Marital status of the households ...... 44 4.5 Primary and Secondary Occupations ...... 44 4.6 Education level ...... 46 4.6.1 Comparison of education level against the districts ...... 46 4.6.2 Comparison of education level against the villages ...... 47 4.7 Number and size of farms ...... 47 4.8 Number and size of plots ...... 49 4.9 Vulnerabilities ...... 50 4.10 Livestock ownership...... 51 4.11 Sources of income in the past year ...... 52 4.12 Major agricultural assets/implements ...... 52 4.13 Domestic assets ...... 53 4.14 Housing and living condition ...... 53 4.15 Annual Sources of Income ...... 54 4.16 Availability and status of social services ...... 55 4.17 Cultural properties ...... 56 4.18 Willingness of PAPs to relocate ...... 56 4.19 Mode of payment of compensation ...... 57 4.20 PAPs general comments ...... 57 4.21 Baseline situation of the affected villages ...... 58

CHAPTER FIVE: STAKEHOLDER ENGAGEMENTS ...... 61 5.1 Introduction ...... 61 5.2 Approach ...... 61 5.2.1 The specific objectives of SEP ...... 61 5.3 Stakeholder Identification ...... 62 5.3.1 Process of the Stakeholder Engagement ...... 63 5.3.2 Individual PAP Consultations ...... 64 5.4 Stakeholder Engagement Program for RAP Implementation ...... 65 5.4.1 The Public Consultation and Disclosure Plan objectives ...... 65

CHAPTER SIX: POTENTIAL IMPACTS ...... 76 6.1 Loss of Land ...... 76 6.2 Change of land uses ...... 76 6.3 Loss of Crops and Trees ...... 76 6.4 Loss of building structures ...... 76

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6.5 Loss of livelihoods ...... 77 6.6 Community displacement ...... 77 6.7 Increase in risks of food insecurity and loss of income ...... 77 6.8 Increase in risks of family disintegration ...... 78 6.9 Price inflation for goods and services ...... 78 6.10 Social Disruption and Conflicts ...... 79 6.11 Spread of HIV, AIDS and Other STDs ...... 79 6.12 Increase of land conflicts ...... 79 6.13 Impacts on vulnerable groups ...... 79 6.14 Impacts on women ...... 79 6.15 Loss of cultural properties ...... 80 6.16 Cumulative Impacts ...... 80

CHAPTER SEVEN: INSTITUTIONAL AND ORGANISATIONAL FRAMEWORK ...... 81 7.1 Relevant Organisations and Institutions ...... 81 7.1.1 Tanzania Electric Supply Company Limited (TANESCO) ...... 81 7.1.2 Ministry of Land, Housing and Human Settlements Development ...... 82 7.1.3 Regional and District Commissioners’ Office ...... 82 7.1.4 District Authorities ...... 82 7.2 Institutional Arrangements ...... 83 7.2.1 Village Resettlement and Compensation Committee ...... 83 7.2.2 Ward Resettlement and Compensation Committee ...... 84 7.2.3 District Resettlement and Compensation Committee ...... 84 7.2.4 TANESCO Resettlement and Compensation Management Unit ...... 84 7.2.5 Regional Resettlement and Compensation Committee ...... 85 7.3 Compensation and Resettlement ...... 85

CHAPTER EIGHT: GRIEVANCE MECHANISMS ...... 87 8.1 Background to Grievance Mechanism...... 87 8.2 Grievance Resolution Mechanism ...... 88 8.3 Actors Involved and Organisational Structure ...... 90 8.4 Procedures and Responsibilities ...... 91 8.4.1 Procedures ...... 91 8.4.2 Respect and Confidentiality Policy ...... 91 8.5 Roles and Responsibilities of the Different Actors in Grievance Resolution...... 92 8.5.1 Tanzania Electric Supply Company Limited (TANESCO) ...... 92 8.5.2 PIU - External Consultant ...... 92 8.5.3 Resettlement and Compensation Committees (Village, Ward, District) and Local Government Authorities ...... 92 8.5.4 Land Tribunals ...... 92

CHAPTER NINE: VALUATION AND COMPENSATION ...... 93 9.1 Eligibility and Entitlement Matrix ...... 93 9.2 Compensation Packages ...... 97 9.2.1 Residential Houses ...... 97 9.2.2 Compensation for Commercial Structures ...... 97 9.2.3 Compensation for Community Structures ...... 98 9.2.4 Compensation for Agricultural Production and Parcels ...... 99 9.2.5 Access Roads and Workers Camps ...... 99 9.2.6 Compensation for Trees and Perennial Crops ...... 99 9.2.7 Compensation for Sacred and Patrimonial Sites ...... 100

CHAPTER TEN: INCOME AND LIVELIHOOD RESTORATION STRATEGIES ...... 101 10.1 Agriculture ...... 101 10.2 House Compensation ...... 101

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10.3 Perennial and Annual Crops ...... 102 10.4 Trees...... 102 10.5 Commercial Activity...... 102 10.6 Vulnerable Groups ...... 103 10.7 Jobs and Other Benefits...... 103 10.8 Livelihoods Restoration Programmes ...... 103

CHAPTER ELEVEN: MONITORING AND EVALUATION ...... 108 11.1 Purpose of Monitoring ...... 108 11.2 International Safeguard Requirements ...... 108 11.3 Internal Monitoring Arrangements ...... 108 11.3.1 Resettlement and Compensation Management Unit ...... 108 11.3.2 Monitoring Indicators ...... 109 11.4 External Monitoring Arrangements ...... 109 11.5 Monitoring by Affected Districts ...... 110 11.6 Monitoring by the Ministry of Land, Housing and Human Settlements Development ...... 110

CHAPTER TWELVE: RAP BUDGETS AND IMPLEMENTATION SCHEDULE ...... 111 12.1 Resettlement Budget ...... 111 12.2 Implementation Schedule ...... 112

REFERENCES ...... 115

APPENDICES ...... 116 Appendix 1: Sample of a Grievance and Comment logging form...... 116 Appendix 2: Maps showing the project Area ...... 117 Appendix 3: Project Affected People: Land Parcel Plats ...... 121

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LIST OF TABLES Table 1: Land requirements for the project facilities ...... 17 Table 2: Comparison between National Policies and Legislations versus International Policies on Resettlement and Compensation ...... 35 Table 3: Shows the number of households interviewed in each village ...... 41 Table 4: Number of Project Affected Persons ...... 42 Table 5: Size of Households ...... 42 Table 6: Shows types of household heads of the PAPs ...... 44 Table 7: Depicts Primary Occupations of PAPs ...... 45 Table 8: Depicts secondary Occupations of PAPs ...... 45 Table 9: Comparison of Education levels of two Districts of Kigoma: ...... 46 Table 10: Comparison of education levels against other villages ...... 47 Table 11: Shows number of households having farms in the same village ...... 48 Table 12: Shows the number of households having farms outside their village ...... 48 Table 13: Shows size of farms of the households in the village ...... 48 Table 14: Shows the number of Livestock the household possesses ...... 51 Table 15: Shows the type of domestic assets of the PAPs ...... 53 Table 16: Shows the uses of houses the households are having ...... 53 Table 17: Shows the net annual income of the households ...... 54 Table 18: Shows the distance a household has to travel for firewood accessibility ...... 55 Table 19: Shows the response to the households' willingness to relocate ...... 57 Table 20: Baseline information of the affected Village ...... 58 Table 21: Key stakeholders identified pertaining to this project ...... 62 Table 22: Stakeholders Concerns, Views and Responses ...... 66 Table 23: Number of Village Resettlement and Compensation Committee Members ...... 83 Table 24: Entitlement Matrix ...... 94 Table 25: Livelihood Restoration Programme for the villages affected by the project ...... 104 Table 26: Compensation to be paid to PAPs in Uvinza District ...... 111 Table 27: Compensation to be paid to PAPs in Kigoma District ...... 111 Table 28: Compensation Amount Paid in 2012 between Mazungwe and Igamba: Uvinza District ...... 112 Table 29: Proposed RAP Implementation Schedule ...... 113

LIST OF FIGURES Figure 1: Mono Poles Double Circuit or single Circuit: Figure 2: Self Supported lattice steel towers ...... 10 Figure 3: Google Map showing the Proposed 132kV TL from Malagarasi to Kidahwe (Blue) and the 400kV TL (Pink) ...... 10 Figure 4: Google Map Showing Kidahwe Substation area (in Yellow) ...... 12 Figure 5: Google Map showing Malagarsi Hydropower Plant Area ...... 13 Figure 6: Map showing the location of Malagarasi HP facilities ...... 13 Figure 7: Map showing the access road to Malagarasi Stage III site ...... 14 Figure 8: Depicting Number of house depicting number of households interviewed in each ward ...... 41 Figure 9: shows age of respondents or PAPs ...... 43 Figure 10: Shows the Marital Status of PAPs ...... 44 Figure 11: Education level of the household (PAPs) ...... 46 Figure 12: Shows the size of household farms outside the village ...... 49 Figure 13: Shows size of plots owned by household in the village ...... 50 Figure 14: Shows responses of the vulnerability of PAPs ...... 50 Figure 15: Shows the type of vulnerability ...... 51 Figure 16: Shows the sources of income of households in the past year ...... 52 Figure 17: Shows the source of households’ annual income ...... 54 Figure 18: Shows the response on the availability of cultural properties ...... 56 Figure 19: Shows the preference of the mode of payment of compensation ...... 57 Figure 20: Public Meeting held at Kidahwe Village ...... 64 Figure 21: Public Meeting held at Kazuramimba Village ...... 64 Figure 22: Meeting with PAPs at Kalenge Village ...... 64 Figure 23: TANESCO officer sensitizing PAPs at Kalenge village ...... 64 Figure 24: Shows Cassava farmland in the Wayleave corridor ...... 78 Figure 25: shows the Palm trees ...... 78 Figure 26: Organizational Structure of Grievance Resolution ...... 90

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CPHATER ONE: INTRODUCTION

1.1 Introduction and Project Background The Kigoma region is among the 26 regions of Tanzania Mainland. The region is situated in western Tanzania and it borders the Democratic Republic of Congo (DRC) with Lake Tanganyika to its west, Tabora and Geita regions to its east, Kagera region and Burundi to its north and Katavi region to its south. Its economy is primarily agricultural based with large population engaged in subsistence agriculture farming apart from other activities like fishing, beekeeping, and livestock keeping. Kigoma Region has a lot of potential for development but the underdevelopment of economic infrastructure such as roads, unreliable rail and air transport and inadequate supply of electricity has been the most significant barrier to industrialization and socio-economic development of the region. The Government of Tanzania has been taking various measures to open up economic opportunities of the region. Among the measures include upgrading of road network to bitumen standard (Kigoma – Tabora and Kigoma – Nyakanazi), improvement of railway line and turning Kigoma as a dry port for neirbour countries hence making Kigoma a terminal of the central railway and a transit port to the DRC, Rwanda, Burundi and Zambia for both passenger and cargo services, declaring Kigoma as a FREE TRADEA AREA to cater for the regional trade.

In order to support those economic activities, availability of reliable electricity supply to the region and its districts of Uvinza, Buhigwe, Kasulu, Kibondo and Kakonko is of paramount importance. The current use of diesel generators to produce electricity not only affects TANESCO finances but also cannot support industrialization of the region as government wish. Therefore, there have been Government efforts to ensure the National Grid reaches Kigoma region. Among the efforts is the construction of Rusumo Hydropower Plant and construction of 220kV to Nyakanazi and construction of 220kV transmission line from Bulyahulu – Geita and Geita – Nyakanazi. Further the Malagarasi River Hydro potential of 44.8MW has upgraded the economic synergy of extending the national grid to Kigoma via a 400kV transmission line to be constructed under the North West Grid Project. The move will solve the regional long term energy problem and will enable the evacuation of excess power to the National Grid from Malagarasi Hydropower.

In conjunction with the North West Grid Extension Project, the Government of Tanzania in corroboration with the African Development Bank (AfDB) through the Tanzania Electric Supply Company Limited (TANESCO) is intending to construct a 132kV transmission line from Malagarasi Hydropower Plant to Kigoma substation where there will be a 400/132/33 substation to receive the power line from Nyakanazi. The proposed transmission line is intended to evacuate about 44.8MW of generated power from Malagarasi Hydropower plant. The grid substation will be constructed at Kidahwe in Kigoma District Council.

The proposed 132kV line will align from Malagarasi to Mazungwe (20km) in a 20m wide corridor already acquired by TANESCO under the Millennium Challenge Account

(MCA) and from Mazungwe to Kidahwe (33km) will take a new corridor of 26m wide to interconnect with the Kidahwe substation. This corridor is planned to be parallel with the proposed 400kV line from Kigoma to Mpanda under the North West Grid project, and the 132kV transmission line from Tabora to Kigoma.

1.2 Project Rationale Lack of reliable electricity in Kigoma and its districts has hampered the social and economic development of the region. Various other options have been assessed to provide such a supply and this hydropower project and its transmission and substation project has been identified as one of the most cost effective alternative for electricity solution to the situation in Kigoma. At present Kigoma relies on thermal diesel generation 6.25MW installed capacity which its operation costs (spare parts, fuel, transport, personnel, etc.) are very high compared to revenues collected from sale of electricity. The current demand stands at 5.5MW, hence when one generation set is down for maintenance load shedding is inevitable. The whole region including Kasulu (2.5MW) and Kibondo (2.5MW) has a total installed capacity of 11.25MW. The proposed Malagarasi hydropower project, 400/132/33kV substation and 132kV transmission line from Malagarasi to Kigoma offer a long term solution to Kigoma electricity problem with a prospect of the National Grid extension from Nyakanazi to Kigoma. The expensive diesel power plant at Kigoma will be an emergency power plant thus saving cost and contribute to environmental protection.

1.3 The Resettlement Action Plan (RAP) study The proposed project will need to acquire land legally to implement the project and because that land may not belong to TANESCO and that it may have assets belonging to individuals or village government, that land acquisition will trigger the Involuntary Resettlement or displacement. Assessment has shown that the land for which construction of the proposed hydropower plant, transmission line and its associated facilities including substation, switch yard and access road is either owned by village government or owned by individuals. Hence, in order to implement the proposed project successfully, TANESCO is aspiring to acquire the land from owners using the national land acquisition regulations. As one step towards acquisition of the land, TANESCO is intending to undertake Resettlement Action Plan (RAP) study in order to ensure Project Affected People (PAPs) within the access road, substation area, way leave corridor of the proposed Transmission Line and hydropower site are compensated according to the existing laws and regulations of the United Republic of Tanzania and project financiers policies WB OP.4.12 and the African Development Bank (AfDB) OS 2: Involuntary Resettlement: Land Acquisition, Population Displacement and Compensation.

According to AfDB, a Resettlement Action Plan is required in connection with infrastructure development projects that entail considerable resettlement and displacement of affected people. The proposed Malagarasi Hydropower, substation and Transmission Line Project will physically relocate about 30 houses, 3 churches

2 and of about 912 households that may lose land and crops (economic displacement). However, planning of the project has avoided settlement areas to minimize resettlement impacts and the displacement of people. In addition, the potential Project Affected Persons (PAPs) have been meaningfully consulted in the process of the project.

Hence, this proposed Resettlement Action Plan (RAP prepared to meet the policy and operational requirements of the Government of the United Republic of Tanzania and the African Development Bank (AfDB) has been triggered by the following project components;  Construction of 44.8MW Hydropower Plant and associated facilities;  Construction of 132 kV overhead transmission line from the Malagarasi power plant to Kidahwe 400/132/33kV substation;  Construction of new 400/132/33kV substation at Kidahwe; and  Upgrading of 24 km of access road to Malagarasi Hydro power plant from the main road Kigoma – Uvinza.

1.4 Scope of the RAP The RAP intended to do a social economic survey of all (100%) identified project affected persons (PAP). However, due to various reasons a detailed survey of 641 households out of potential 1042 PAPs. However, this is over 70% of the intended households as some properties were identified in the names of husband, wife and children but during the household survey those three were able to respond to one questionnaire.

In this RAP, the PAPs came from communities impacted by the way leave corridor, substation site and hydropower plant site. These PAPs were consulted and much information on their socio economic situation was gathered through household questionnaires. This detailed survey was done to determine the number of affected structures, land parcels, crop and trees affected and to determine the level of compensation. Even though, the PAPS within 20m wide way leave from Malagarasi to Mazungwe village were already compensated yet they were involved in baseline study. The PAPS from new corridor of 26M wide from Mazungwe to Kidahwe new substation and the PAPS from substation area are not yet compensated.

The report on the valuation of PAPs’ assets presented in the report must be considered as preliminary estimation which is closer to reality as the registered valuer was involved on valuation and computation. The guidelines provided here will ensure that proper compensation and sufficient preparation time are given to affected communities and households. An updated census with a registered surveyor and valuer will be done when demarcation of the line route, substation and hydropower plant areas are completed. Stakeholders on various administrative levels and non-governmental organizations (NGOs) have been consulted in both districts.

1.5 Specific Objectives of the Resettlement Action Plan The objective of this Resettlement Action Plan (RAP) is to ensure that all households and persons that will be affected by the proposed Malagarasi Hydropower Project (HPP), transmission line and substation are promptly and fairly compensated for any loss of crops, land and assets (houses and other building structures). Efforts have been made during the detailed planning phase and survey of the proposed transmission line route to minimise impacts by avoiding settlements

1.6 Implementation Responsibility TANESCO as a developer have the main responsibility for implementing the resettlement measures and mitigation activities identified in this RAP. The local authorities will also be involved in the actual field implementation of mitigation activities as appropriate, while the authorities at district level are likely to play an important role in monitoring and evaluation of the resettlement outcomes. The district valuer will perform valuation of assets and properties in the subsequent land acquisition processes as supported by land regulations.

1.7 Methodologies deployed for RAP The base line study started with the review of the Norplan RAP report of 2008 of the 33kV TL, the Malagarasi stage III Feasibility Study report of October 2012 and ESIA report under Millennium Challenge Account of 2011. The proposed transmission line route selection was based on the number of studies as outlined above incuding the proposed lines for the 400kV line to Mpanda and the proposed 132kV line from Kigoma to Tabora. Some modifications have been made following the field visits early in 2017 and consultation with the stakeholders on the selected route whereas the previous proposed and compensated corridor of 20M wide and 20Km long from Malagarasi switch yard to Mazungwe village will be utilized to minimize the cost and impacts of new land acquisition. From Mazungwe to Kidahwe substation the corridor of 26M wide and 33km long will be acquired and will be compensated. Other alternative routes were studied in detail and the finally-accepted option was selected for in-depth study. RAP considerations as well as ESIA parameters played a major role in the finally selected route.

Baseline data for the optimized transmission line route was collected and reviewed with the aim of understanding the household and community character of the PAPs. On the basis of the baseline data, the social-economic setting of the entire RoW, substation area and hydropower area was established. Such baseline data included but was not necessarily limited to the following:  Socio-economic activities  Cultural issues  Administrative boundaries  Demography  Road and rail networks  Protected reserves including forests, wildlife reserves and areas of interest along Malagarasi river, etc  Main physical features

With a good knowledge of the project affected area, a programme of field data collection was prepared and two data collection tools were used. These include questionnaire and checklist methods. Household questionnaires were intended to be administered to 100% of the affected households. Every household head or

5 representative found within the way leave corridor and other project areas such as switch yard and substation were administered with questionnaires. Also another type of questionnaire was administered to local leaders at village levels in order to examine the impact of the proposed project to socio-economic services such as schools, health centres, community structures, roads, markets, water sources, markets or auction areas and community shrines. Other groups interviewed under this classification were NGOs, International Agencies, and CBOs operating in the project area and wildlife conservancy groups and Government administrators in the various departments operating within the project area. These NGOs and CBOs included Jumutango, Jane Goodal Institute (JGI) and Belgium Technical Cooperation (BTC).

Checklist questionnaires was administered to every village affected by the project, the checklist question acted as control of information collected on household, information on the numbers of social services, infrastructure facilities in the given village that will be impacted etc. In general field data collection combined the role of public awareness about the project, community consultations, collection of views of the PAPs and affected communities as well as socio economic data of affected communities

1.7.1 Data Collection and Analysis During field data collection, information relating to compensation was gathered, such information included:  Number of household affected by the project and land ownership  Area of affected land and related land use  Public and government buildings and other community fixed assets affected by the project.

About 100% of households on the RoW, substation and hydropower area were consulted through questionnaires, focus group meetings and through public meeting. These meetings also served as information sharing forums and for some data collection. The field data was analysed using SPSS version 20, the results of which are presented in this report. Some cost estimates have been used to arrive at the RAP budget.

1.7.2 Public Participation and Consultation Field data collection at any point in the project area was preceded by making contact with the relevant area government administrators including Kigoma Regional commissioner (RC), District commissioners of Uvinza and Kigoma, District Executive directors of Uvinza and Kigoma and other officers in respective districts. Other key persons who played this role were religious leaders in and around religious mission, elders and famous people which are closer to project area or are likely to be affected by the project. These community opinion leaders played the role of providing information about the community and its culture while they helped organize community

6 mobilization. Consultations also involved community based organizations (CBOs) wild life and forest conservation groups and institutions as well as non-governmental organizations (NGOs).

1.8 Preparation of RAP Report This RAP Report was prepared in accordance with guidelines of the African Development Bank and the World Bank; legislations and Tanzania regulations to capture demographic, socio-economic and incorporating stakeholders’ views which arose from the baseline field study. The aim of the baseline study was to assess the potential social impacts (positive and negative) of the proposed projects and highlighting socio-economic issues relating to land acquisition, loss of economic activities and livelihoods, resettlement and displacement of households and community assets. This RAP report has documented the process of resettlement of PAPs and fulfils the project objective to avoid or minimize involuntary resettlement and to ensure that affected individuals and households and/or displaced communities consultations are documented, participation of PAPs in the resettlement planning process is well thought out and organized, and that PAPs are adequately compensated to the extent that at least their pre-displacement incomes are restored in a fair and transparent process.

Such a process must ensure that people and enterprises affected by the project are compensated for any loss of property and/or socio-economic displacement arising from the project. The report sets out to document the process to be applied in providing PAPs with opportunities to restore or improve their living standards and income earnings to a capacity of at least pre-project levels. Also to provide guidelines to stakeholders participating in the mitigation of adverse social impacts of the project, which include rehabilitation and resettlement operations, in order to ensure that PAPs are not impoverished by adverse social impacts of the project. On the overall, the report seeks to inform a step-by-step manner how resettlement of PAPs, communities and other project-affected entities have been involved in the entire process of resettlement so that they can identify with the project and render their support to it.

1.9 Structure of the Resettlement Action Plan Report This document is organized in 12 chapters. Chapter one entails introduction and project background. Chapter two stands for project description. Chapter three provides the National and International Legal Framework. Chapter four stands for socio- economic census. Chapter five provides stakeholders concerns and views. Chapter six entails potential impacts. Chapter seven presents institutional and organisational framework. Chapter eight provides grievance mechanisms. Chapter nine stands for valuation and compensation. Chapter ten entails income and livelihood restoration. Chapter eleven provides monitoring and evaluation and chapter twelve provides project budget.

1.10 Disclosure of the Resettlement Action Plan The standard procedure is that the complete RAP should be made available to the public for a minimum of six weeks in the relevant district council and/or ward offices. Local newspapers and radios if any may be used to inform the public about the availability of this document in the cited places. During this period, members of the public will be given the opportunity to respond to the RAP, in writing or verbally, to the relevant District Executive Directors or Ward Executive Officers who will forward them to TANESCO.

In harmony with AfDB / World Bank’s Disclosure Policy, the RAP has to be disclosed prior to appraisal, both in Tanzania and through the African Development Bank Group Public Information Centre, Bank’s website and Bank’s Field Office. TANESCO will be in part responsible for disclosing the RAP in Tanzania and should authorize the Bank in writing to disclose the document in the African Development Bank Group Public Information Centre, Bank’s website and Bank’s Field Office in Tanzania.

CHAPTER TWO: PROJECT DESCRIPTION

2.1 Project Description This is a power project involving a construction of about 53km of 132kV overhead transmission line from Malagarasi Hydropower Plant to new Kigoma 400/132/33kV substation, Construction of hydropower plant with associated facilities, construction of new 400/132/33kV substation and a switch yard at Malagarasi. The new substation will be constructed at Kidahwe in Kigoma District.

2.1.1 132kV Overhead Transmission Line The transmission line will evacuate about 44.8MW to be generated at Igamba Falls stage III. The recommended corridor of the transmission line is 20m wide from Malagarasi switch yard to Mazungwe (land area 40 Ha) and 26m wide from Mazungwe to Kidahwe respectively (land area 85.6 Ha). Two types of towers are being considered mono tubular towers or self-supported lattice steel towers. Both will have concrete foundations. The project also involves the construction of switch yard at Malagarasi and 400/132/33kV substation at Kidahwe. The hydropower plant facilities include power house, diversion weir, dam, workshop, contractor’s office and residential, client’s residential and offices. The substation elements will include a switch yard, control room and residential houses for substation staff.

The recommended for this project are 132kV transmission line either tubular or lattice structures as indicated in Figures 1 and Figure 2. The towers will carry the line conductors with necessary insulators, earth wires and all fittings under all loading conditions. The towers shall be fully galvanized using mild steel or/and high tensile steel sections as specified. Bolts and nuts with spring washer are to be used for connections.

The proposed 132kV Transmission Line (TL) from Malagarasi and associated substation at Kigoma are aiming to ensure the power reliability and sustainable electricity supply in Kigoma region so as to meet the current and future power demands. The project also aims to replace the existing diesel power generation in Kigoma which is expensive and the excess power will be fed into national grid following the construction of 400kV transmission line connecting Kidahwe 400/132/33kV substation with Nyakanazi 400/220/33kV substation.

The proposed transmission line crosses various land uses, vegetation types and agricultural fields. However, the line routing has avoided protected and wetland areas, burial sites and village centres with highly populated density areas of villages between Malagarasi and Kidahwe.

A B

Figure 1: Mono Poles Double Circuit or single Circuit: Figure 2: Self Supported lattice steel towers

Figure 3: Google Map showing the Proposed 132kV TL from Malagarasi to Kidahwe (Blue) and the 400kV TL (Pink)

2.1.2 Proposed 400/132/33kV substation at Kidahwe Apart from construction of 132kV transmission line the proposed project will also involves the construction of 400/132/33kV substation at Kidahwe village, Kidahwe Ward in Kigoma District Council. The design of the substation is 400/132/33kV in order

10 to have a capacity to receive power from 400kV national grid and to be able to pump power in the national grid through the 400kV transmission line from Nyakanazi (Northwest Grid) and to Mpnda in Katavi Region. The substation will also receive power from Malagarasi hydropower plant through the 132kV transmission line. The substation will also offer a capacity to extend the 132kV to Kigoma town when the current 33kV lines are unable to carry the power demand of the town. The substation will have several outgoing 33kV feeders for distribution lines to Kigoma, Uvinza, Kasulu and Buhigwe districts in Kigoma region.

According to a feasibility study, the proposed substation is designed to have a single busbar system of 400kV with possibility of future upgrade to 400kV double busbars. The substation will have one 400/132kV 120MVA power transformer and one 132kV/33kV 40MVA power transformer with each having a spare transformer. The rated power of the transformers covers the estimated power demand and also include the generated power from Malagarasi hydropower plant as well as expected future load increase. Further, it is proposed to install one line shunt reactor on the line towards Nyakanazi and one reactor connected to busbar.

Therefore, the substation will mainly consist of the following:  400kV outdoor switchgear and gantries  400kV reactors  400/132 kV power transformers  132kV outdoor switchgear  132/33 kV power transformer  33 kV indoor switchgear  33kV switchgear building  33kV cable to line gantries  Control building including control, protection, supervision and auxiliary systems  Completed substation plot including all civil works, roads, fences, guard houses, etc.

Thus, the layout of the substation shall consider the incoming and outgoing overhead lines, transformer bays, reactor bays, and easy access to the equipment and extension possibilities. The control building shall be located in a way to have clear view on the outdoor equipment and the access to the area. The whole substation area shall be fenced to avoid electrocution of animal and people. Also, facilities such as transformers will be placed on the control surface to avoid contamination of ground and ground water from oil leaks. Size of land for establishment of the proposed substation is about 150 hectare.

Figure 4: Google Map Showing Kidahwe Substation area (in Yellow)

The proposed project site for construction of substation is considered suitable because it is strategically located with land area of about 150 Ha. It is located about 700m from Mikamba School forest and it is adjacent to Kigoma - Kasulu main road. The site is also economically feasible since it is located in the area which is not occupied by settlement but rather farmlands and bare land covered with some trees that should be compensated after valuation process. For further Map details of the substation refer to Maps in Appendices.

2.1.3 Hydropower Plant and Asssociated Facilities The proposed Malagarasi Hydropower plant Stage III was recommended after Malagarasi Stage II was dropped due to environmental concerns. The project has been designed to yield a maximum of 44.8MW using maximum water flow of 171m3/s and deliver 186.8 GWh with a plant factor of 0.48. The plant will have 3 generators rated 15.75MW each utilizing a head of 30.5m and unit water flow of 57m3/s.

The recommended project has a small peaking pond with approximately 460,000 m3 storage. The peaking pond enables the project to deliver 5.1MW for 10hrs at 95% availability. The project cost has been estimated to 176.5 m USD in 2011 figures including VAT. The construction time has been estimated to take 40 months from contractor’s commencement to regular plant operation.

Figure 5: Google Map showing Malagarsi Hydropower Plant Area

Figure 6: Map showing the location of Malagarasi HP facilities

The hydropower project facilities will include:  A dam and an intake pond below Igamba Falls, a headrace canal and a run-of- river power plant. The intake pond will function as a run-of-river pond most of the year producing up to 44.8MW and a daily ponding reservoir during the late dry season to allow for up to 5 MW power output.  construction of water retaining, transfer and diversion structures, power houses, a spillway, an additional switch yard, accommodation for staff and feeder roads connecting the plant and facilities.

2.1.4 Access Road to the Malagarasi Plant The project components leading to RAP also involves the construction of graveled access road of about 27 km from the main Kigoma – Uvinza road south to the Malagarasi River Stage III site, a bridge over the Kabuchweri River and associated borrows.

Figure 7: Map showing the access road to Malagarasi Stage III site Construction of the road will require clearing of the route corridor and creating a total footprint of about 1km2.

2.2 The Phases of the Project Activities The phases of the project activities include the following:

 Pre - construction Phase Prior to commencement of any construction activity, detailed topographical survey for the transmission line and substation site shall be carried out using stakes to identify the transmission line centreline, define the right-of-way (ROW) boundaries, critical crossing points (such as highways, rivers and existing structures), identification of properties to be affected by the project and property owners (PAPs). Also, transmission line route profiles will be made. On the other hand, valuation of properties and compensation of the properties to PAPs will be made before construction work starts. The social economic survey of project affected persons will also be updated in pre-construction phase. Similar activities will also be undertaken in the Stage III site.

 Construction Phase The following are activities that are going to be conducted during construction phase Site clearance: Vegetation clearance will be made using both hand tools and civil works machinery such as bulldozers, scrapers and graders. However various techniques and machinery are at disposal to the contractor to choose from.

Civil Works, Electrical works and electromechanical works There will be civil works and electrical works for transmission line and substation while there will be civil works for access roads, civil, electrical and electromechanical works for the hydropower plant based on the project implementation schedule of activities. Different methods and techniques will be applied based on experience and expertise needed to complete the tasks. The transmission line will also involve tower erection and stringing. For hydropower plant will involve installation and erection of turbine and other steel works. For substation works apart from civil works will involve the erections of transformers and installation of protection and communication devices.

 Commissioning of the project Having finished all the construction works various equipment, transmission line, substation, switch yard and power plant will undergo a commissioning phase to test their functionality, conformity and calibrations to ensure that all parameters are working to the agreed conditions and designed specifications. Any errors or malfunctioning will be eliminated before they are put into normal operation.

 Down scaling and demobilization phase Having completed construction works, various activities will wind down and need to demobilize from the construction sites. Demobilization of temporary structures will be done for proper restoration of the construction sites by:

 Removing all temporary structures that assisted the construction works  Transporting used and left over materials such timber, machines, steel structures, etc. away from the site  Retrenchment of workers who are no more needed following the scaling down of activities or during operation phase  Retiring of equipment  Removing of construction camps,  Rehabilitation of working sites such as borrow pits, camps, etc.

 Operational Phase The activities expected to be executed during operational phase include:  Maintenance and repair works of facilities and equipment  Safety management of the facilities and equipment  Operation works substation, transmission line, dam and power plant

2.3 Construction Materials and equipment Construction materials will include but not limited to the following:  Steel structures or tubular towers  Aluminium conductors steel reinforced (ACSR)  Insulators, switch gears, protection units, communication units,  Power transformers of various sizes and Current transformers,  Aggregates, sand, cement, bitumen and reinforced steel bars  Wood or steel sheet for formworks  Alkaline batteries for power supply in substation  Turbines and generators

2.4 Camps and Storage Facilities The construction works will need construction camps for office, workshop, storage and accommodation of staff particularly at substation and hydropower sites. Due to short distances of TL, there will be only one or two temporal camps in between the line with special storage facilities at Kidahwe, Mazungwe and Malagarasi. Site offices will be located at Kigoma town, Kidahwe and Malagarasi. With improved access road to Igamba, most of the workers will reside in local community particularly Mazungwe and Kazuramimba hence, no need for large camp in Malagarasi. Also for Kidahwe Substation, most workers will come from Kidahwe village.

2.5 Scope of the Project

 Employment The proposed project will create temporary employment to local people around the project area for both skilled and unskilled people and, long term jobs for special skills

16 that will be needed during construction and operation phases. These include people with finance, procurement, engineering (technicians and engineers) and security staff. The labour force will reach 500 during the pick of construction and installation phases of the hydropower plant while during the operation phase there will be about 60 -100 people at Malagarasi. For transmission and Substation works an estimation of about 200 people at construction peak time will be employed and about 25 to 30 people will be employed on permanent basis at Kigoma substation during operation phase. They include technicians, engineers, security guards, etc.

 Equipment and machinery

Equipment and machinery to be used will include light and heavy vehicles, special vehicles for lifting, cable pulling, cranes, concrete mixers, welding machines, metering equipment, and tools for workshop activities, air pumping equipment, firefighting equipment and office equipment such as computers, photocopiers, printers, scanners and other communication equipment. The safety equipment will be mandatory to all employees during site works. The type of machinery will depend on the works to be done substation works, bridge, power plant, water ways construction, access road construction, etc.

 Land requirement

The proposed project will have the following land requirement to accommodate substation, 132kV transmission line and hydropower plant facilities.

Table 1: Land requirements for the project facilities

2.6 Project Site Description The 132kV Malagarasi - Kigoma power transmission line project will traverse from Maragalasi via Mazungwe, Kazuramimba, Kalenge and Mlela villages in Uvinza district and Kidahwe village in Kigoma Rural district in Kigoma region. The project area is located in Kidahwe ward in Kigoma District Council and Kandaga and Kazuramimba wards in Uvinza District Council.

The portion between Kidahwe and Mazungwe is off the main road and will be accessed

17 from Uvinza – Kidahwe road. The portion between Mazungwe to Malagarasi HP is accessible through a dirty road which will require major improvement to be easily passable throughout the year.

The project area from Malagarasi to Mazungwe village is mainly open land with miombo woodland forests disturbed by patches of farmlands (cassava farms, maize, groundnuts and beans). From Mazungwe to Kidahwe the line passes mainly mixed vegetation consisting of spaced miombo woodlands, wooded tall grasslands, grasslands and farms.

The hydropower site is mainly covered by miombo woodlands with palm trees on the flood plains of the river on both sides.

 Current zoning The proposed transmission line 53km long is basically passes through rural areas with cultivation and through miombo woodland vegetation. There is no known protected natural forest along the proposed line however, on the other side of Malagarasi River, there is a proposed Masito Local Authority Forest Reserve. Therefore, the proposed transmission line, Kidahwe substation and Malagarasi switch yard are mainly located in the general land open for human development.

 Distance to nearest residential and/or other facilities The TL traverses about 12m to 100m from Kidea-Mazungwe settlement and 400m to 2km from settlements at Kazuramimba, Kalenge, Mlela and Kidahwe depending on the road alignment and location of settlements. The substation site is located 700 - 1km from Mikamba Secondary School while the Igamba hydropower site is located 400m from Igamba community residential houses.Hence, the nearest residential area will be over 12m apart at Mazungwe while other areas are far from residential or settlement. In most areas the project components are far away from the settlements to reduce social impacts and reducing compensation cost.

 Adjacent land uses (existing & proposed) The most adjacent land uses of this project components are residentials, farm lands and general miombo woodland forest.

 Access Roads There will be different access roads permanent access and temporary access roads. Permanent roads will be the access road to Igamba Stage III and its facilities and access road to substation sites and its facilities. For the transmission line, there will be temporary access roads mainly for material delivery during construction and for maintenance work during operation. However, the project intends to utilise existing access roads from Kigoma to Uvinza and from Mazungwe to Malagarasi. The access road in the way-leave will mainly be used in combination with the existing roads and along the way leave corridor.

 Material and equipment transportation Materials and equipment for the project may be transported to Kigoma from Dar es Salaam port via Dodoma – Manyoni – Itigi – Tabora – Kigoma road (1258km) and by Railway line from Dar es Salaam – Kigoma (1252km). In addition, small items and personnel can travel between Dar es Salaam and Kigoma via air transport by Air Tanzania or Precision Air four times a week.

2.7 Project Estimated Costs Cost Benefit Analysis The proposed 53km of 132kV transmission line from Malagarasi to Kidahwe is estimated to be USD 9.805 million and if it is a combination of a single circuit from Malagarasi to Mazungwe and double circuit from Mazungwe to Kidahwe to accommodate Tabora line the cost is USD 12.256 million for the transmission line alone (Utilizing the average unit cost of Transmission Lines provided in the Power System Master Plan (PSMP) 2016 Update table 4-2 on page 74 and the cost provided in the NWG feasibility study for the proposed Kigoma Substation).

The cost for the 400/132/33kV substation is estimated to cost USD 20.8 million. While the cost for the hydropower plant and its facilities was USD 149.5 million without VAT.

Therefore, the total project costs for the 400/132/33kV Kigoma substation, 53km of 132kV transmission line and the hydropower plant with the facilities is ranging from 185m USD to 200m USD. The cost of compensation without the cost for other livelihood restoration is about TZS10 Billion or USD 4.5 million.

The project is anticipated to be commissioned after 3 years and 4 months (40 months) from contractors’ commencement to the normal operation of the hydropower plant. The construction of the transmission line and substation must be completed before any commissioning of the first unit of the hydropower plant.

2.8 Project Benefit The project will have many benefits including but not limited to the following non- tangible benefits:  Supply of reliable power to Kigoma region thus solve the long term electricity problems in the region  Prospects of grid extension from Nyakanazi to Kigoma to evacuate extra surplus of generated power since at the moment Kigoma alone cannot absolve all 44.8MW  Security of electricity supply through the supply from other sources (i.e. grid connection, Malagarasi and thermal diesel generation).  Employment opportunities, both short term construction jobs and long term operation and maintenance jobs.  Supporting the industrialization and opening up other economic opportunities

 Reduce financial burden to TANESCO by switching to expensive thermal diesel generation to hydro based generation and National grid.  Improvements in regional air quality associated with use of a non-fossil fuel  Use of locally available resource in the region (Malagarasi River).

2.9 Decommissioning The project is estimated to be operational beyond 35 years of operation. It is anticipated that regular maintenance of those assets will obviously extend the life span of those assets. Hence, the decommissioning is not anticipated in the near future.

CHAPTER THREE: POLICY AND LEGAL FRAMEWORK This Chapter describes the Tanzanian policy and legal framework for undertaking land acquisition and resettlement activities for the proposed project components i.e. transmission line, substation, access road and the hydropower site under which this Resettlement Action Plan (RAP) is to be implemented. The Chapter also describes the relevant sections of World Bank OP 4.12 guidelines on Involuntary Resettlement and the African Development Bank Operational Safeguard policy on Involuntary Resettlement i.e. Operational Safeguard 2 (OS 2) – Involuntary resettlement: land acquisition, population displacement and compensation. A comparison and gap analysis of the Tanzanian laws and World Bank’s OP 4.12 and AfDB’s OS 2 is also provided and proposals on how to bridge the gaps.

3.1 Policy Framework 3.1.1 National Land Policy, 1997 The overall aim of a National Land Policy is to promote and ensure a secure land tenure system, to encourage the optimal use of land resources, and to facilitate broad- based social and economic development without upsetting or endangering the ecological balance of the environment.

Section 4.1 highlights the land tenure and gives the policy statement on land as follows; Statement i) provides for grading of land as a constitutional category and that four basic policy tenets will be entrenched in the Constitution to ensure continuity. Section (a) stipulates that all land in Tanzania is public land vested in the President as trustee on behalf of all citizens. Section (c) indicates that the rights and interests of citizens shall not be taken without due process of law. Section (d) of this statement stipulates that full, fair and prompt compensation shall be paid when land is acquired.

Statement (iii) concerns administration of village lands by village councils but their powers are limited by the powers embedded in the laws and procedures while the fourth statement indicates that consultation and consent of village councils will be required whenever alienation of village lands is necessary.

Village land is held under customary tenure and the government can issue customary certificates of tenure to individuals or communities where the village is surveyed and has a Certificate of Village Land. Customary tenure is akin to freehold.

Policy statement 4.2.6 states that women will be entitled to acquire land in their own right not only through purchase but also through allocation but clan land will continue to be governed by customs and tradition as long as it is not contrary to the constitution and natural justice.

Section 4.2.15 on acquisition gives power to the President to acquire land for public purposes or for redevelopment. Policy statement on land values [4.2.18(iii)] indicates that all land transactions have to be registered with the Registrar of Land Titles before taking legal effect.

Policy statement on compensation (4.2.20) states that compensation for land acquired in the public interest will be based on the concept of opportunity cost and will include; - i) market value of real property; ii) disturbance allowance; iii) transport allowance; iv) loss of profits or accommodation; v) cost of acquiring or getting the land; vi) any other costs or capital expenditure incurred to the development of that land.

3.1.2 The National Energy Policy (URT 2015) This policy provides comprehensive legal, regulatory and institutional frameworks for petroleum, electricity, renewable energies, energy efficiency as well as local content issues including safety, health and environment.

The objective of the policy on renewable energy is to enhance utilisation of renewable energy resources so as to increase its contribution in diversifying resources for electricity generation. The policy in the section of cross-cutting issues particularly section 4.3 considered importance of public safety, occupational health and environment. It stated that energy activities such as exploration and production of petroleum; coal and uranium mining; extraction of hydropower plants, uncontrolled use of wood fuel; combustion of fossil fuels; construction of hydropower dams and pipeline can negatively impact on ecological and environmental systems. This has been observed closely with even views from the stakeholder especially on the mitigation of adverse impacts on human health, human properties and natural environment. The project implementation will observe these provisions particularly at this RAP study. In addition, the energy project should not aim to destroy human development but rather improve their livelihood.

3.1.3 National Human Settlements Development Policy (2000) The overall goal of the National Human Settlements Development Policy (NHSDP) is to promote the development of sustainable human settlement and to facilitate the provision of adequate and affordable shelter to all people, including the poor. The policy outlines a number of objectives including environmental protection within human settlements and protection of natural ecosystems against pollution, degradation and destruction.

The NHSDP recognises the role of the NEP and other sector policies in achieving urban development. Thus, the NHSDP identifies the need for co-ordination and cooperation with other sectors and stakeholders, including CBOs, and NGOs in urban development planning.

The NHSDP recognises environmental planning and management as one of the broad human settlement issues. According to this Policy; “environment means the physical, economic and social conditions in which people live, influencing their feelings and development”. In that regard the NHSDP identifies environmental protection as one of the strategic issues in human settlement planning and development. Therefore, project planning and implementation should enhance the human development. This RAP proposes measures that will restore human development.

3.1.4 Water Policy (2002) The Water Policy recognises water as important requirement for all humans to maintain health, and to restore and maintain the functions of natural ecosystems. It supports availability of water to ensure food security, electricity generation and other economic activities amongst other important activities. It also advocates for integrated and sustainable river basin management. The policy, in addition, urges the protection and conservation of water resources in the Country Rivers and basins. Furthermore, the policy advocates for sufficient supply of water for socio-economic development and poverty alleviation.

3.2 Legal Framework

3.2.1 The Constitution of the United Republic of Tanzania, 1977 The Constitution of the United Republic of Tanzania provides for the rights of citizens to own property and disallows the deprivation of one’s property held in accordance with the law, unless the owner is fairly and adequately compensated.

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) further provides that; it shall be unlawful for any person to be deprived of property for the purposes of nationalization or any other purposes without the authority of the law which makes provision for fair and adequate compensation.

3.2.2. The Land Act, 1999 The Land Act (Section 156) requires that with regard to communal right of way, in respect of way-leave, compensation shall be paid to any person for use of land, who is in lawful or actual occupation of that land, for any damage caused to crops or buildings and for the land and materials taken or used for the works. Requirements for the assessment of compensation are provided in the Land (Assessment of the Value of Land for Compensation) Regulations of 2001.

The valuation of the affected properties must be done by a qualified and authorized valour. Section 34 of that Act also states that where a right of occupancy includes land which is occupied by persons under customary law, and those persons are to be moved or relocated, they must be compensated for loss of interest in the land and for

23 other losses. They also have the right to reap crops that are sown before any notice for vacating that land is given.

3.2.3 Village Land Act No.5, 1999 The Village Land Act No. 5 of 1999 was enacted specifically to cater for the management and administration of land in villages, the role of local government in land administration, land allocation and occupation. The Act empowers the village council to manage all village lands in accordance with the principles of a trustee with the villagers being the beneficiaries. Section 3 (f) of the Act stipulates that one has to take into account that Land has value and that value is taken into consideration for any transaction affecting that interest. This means if one acquired land he/she will have to compensate owners for bare land in addition to un-exhausted improvements.

Section 3 (g) of the Act, requires “to pay full, fair and prompt compensation to any person whose right of occupancy or recognized long standing occupation or customary use of land is revoked or otherwise interfered with to their detriment by the state under this act or is acquired under the Land Acquisition Act.” Registered Professionals or Specialists will determine the amount of compensation payable on the market value of land or property.

3.2.4 Local Government (District Authorities) Act, 1982 This Act provides for a detailed responsibility for the District Councils on administration of day-to-day activities within its area of jurisdiction. The Act applies to every district authority established under the Act. Part V of the Act provides for the functions of the local government authorities. Under Section 111 the following basic functions are spelt out; (a) to maintain and facilitate the maintenance of peace, order and good governance within its area of jurisdiction; (b) to promote the social welfare and economic well-being of all persons within its area of jurisdiction; (c) Subject to the national policy and plans for rural and urban development, to further the social and economic development of its area of jurisdiction. Section 118 (1) states that in addition, to the functions and duties conferred or imposed on local government authorities under section 111, it shall be the function of every district council, in relation to its area of jurisdiction - '(a) ''to formulate, co-ordinate and supervise the implementation of all plans of the economic, commercial, industrial and social development.in its area of jurisdiction.

3.2.5 The Land Acquisition Act, 1967 (Act No 47/1967) The Land Acquisition Act of 1967 stipulates the power and procedures for acquiring land and the required degree of compensation. Section 3 and 4 of the Act gives the

President of Tanzania powers to acquire any land for any estate or term where such land is required for public purpose such as exclusive government use, general public use, any government scheme, development of social services or commercial development of any kind including declamation. The Act makes provision for the procedures and method of compulsory acquisition of land for public purposes whether for temporary or permanent use. The Minister responsible for land may authorize any person to enter upon the land and survey the land to determine its suitability for a public purpose.

Section 6 states that, if the President resolves that any land is required for a public purpose, the Minister shall give notice of intention to acquire the land to the persons interested or claiming to be interested in such land, or to the persons entitled to sell or convey the same, or to such of them as shall, after reasonable inquiry, be known to him. Sections 11 (1) and (2) provide for monetary of in-kind compensation for land. Section 13(1) provides for dispute resolution. It states that, where any land is acquired under this Act and there is a dispute or disagreement relating to any of the following matters: (a) the amount of compensation; (b) the right to acquire the land; (c) the identity of persons entitled to compensation; (d) the application of section 12 to the land; and such dispute or disagreement is not settled by the parties concerned within six weeks 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 Court for the determination of the dispute.

3.2.6 The Land Disputes Court Act, 2002 (Act No.2/2002) The Land Disputes Courts Act provides for the establishment and establishment of land courts. Section 3 (1) of the Act stipulates that subject, to section 167 of the Land Act, 1999, and section 62 of the Village Land Act, 1999, every dispute or complaint concerning land shall be instituted in the Court having, jurisdiction, to determine land disputes in a given area. It provides for the establishment and jurisdiction of: (a) The Village Land Council; (b) The Ward Tribunal; (c) The District Land and Housing Tribunal; (d) The High Court (Land Division); (e) The Court of Appeal of Tanzania. Section 5(1) stipulates that the Village Land Council shall consist of seven members of whom three shall be women, and each member shall be nominated by the village council and approved by the Village Assembly. The functions of the Village Council according to Section 7 include: (a) to receive complaints from parties in respect of land; (b) to convene meetings for hearing of disputes from parties; and

(c) to mediate between and assist parties to arrive at a mutually acceptable settlement of the disputes on any matter concerning, land within its area of jurisdiction.

Section 9 stipulates that where the parties to the dispute before the Village Land Council are not satisfied with the decision of the Council, the dispute in question shall be referred to the Ward Tribunal in accordance with section 62 of the Village Land Act, 1999. The primary function of each Tribunal is to secure peace and harmony, in the area for which it is established, by mediating between and assisting parties to arrive at a mutually acceptable solution on any matter concerning land within its jurisdiction. Section 15 however limits the jurisdiction of the Tribunal to handling cases of disputed land or property valued at three million shillings.

Where a party to the dispute fails to comply with the order of the Ward Tribunal, the Ward Tribunal shall refer the matter to the District Land and Housing Tribunal for enforcement.

Section 38 (1), states that, any party who is aggrieved by a decision or order of the District Land and Housing Tribunal in the exercise of its appellate or provisional jurisdiction, may within sixty days after the date, of the decision or order, appeal to the High Court (Land Division).

3.2.7 The Graves Removal Act, 1969 The Graveyard Removal Act of No. 9 of 1969 refers directly to grave removal and requirement for compensation. The Act provides for compensation of owners of graves and reburying of the remains elsewhere to pave way for development interventions.

3.2.8 The Land (Assessment of the Value of land for compensation) Regulations, 2001 According to this Act Section 3-4, the basis of assessment of land and unexhausted improvement is market value of such land. This assessment is prepared by the qualified Valuer and verified by the Chief Government Valuer (Section 5-6). Section 7 of the Act highlights what is included in compensation for any interest for loss of land as value of unexhausted improvement, disturbance allowance, transport allowance, accommodation allowance and loss of profits details of which are specified in Section 8-11 of this Act.

The Act further indicates that transport and accommodation allowances and loss of profit shall not be payable for unoccupied land at the date of loss of interest in land.

3.2.9 The Land Compensation Claims Regulations, 2001 According to regulation, the following are eligible for compensation / resettlement:

 Holder of right of occupancy (Section 22 of the Land Act of 1999);  Holder of customary right of occupancy whose land has been declared a hazard land (Section 49 of the Land Act, 1999);  Holder of customary land, whose land becomes granted to other person and is moved or relocated under Section 34 of the Land Act, 1999;  Land obtained as a consequence of disposition by a holder of right of granted or customary right of occupancy but is refused a right of occupancy under section 54 of the Land Act, 1999;  Urban or peri-urban land acquired by the President under Section 60 of the Land Act, 1999. Sub-section 2 of Section 9 applies to all applications or claims for compensation against government or Local Government Authority, public body or institution. According to Section 10(1) compensation shall take the form of:  Monetary compensation;  Plot of land of comparable quality, extent and productive potential to the land lost;  A building or buildings of comparable quality, extent and use comparable to the building or buildings lost;  Plants and seedlings;  Regular supplies of grain and other basic foodstuffs for a specified time.

3.2.10 Antiquities Act (1964) The Antiquities Act of 1964, amended in 1979, stipulates that no archaeological research can be undertaken without the permission of the Director of Antiquities. According to this Act, local government authorities can pass by-laws for the preservation of archaeological heritage in their area of jurisdiction. The process of land acquisition for establishment of the proposed project facilities shall observe the requirements of this Act.

3.3 International Funding Policies, Procedures and Guidelines

3.3.1 African Development Bank Group (AfDB) Integrated Safeguards System The AfDB Integrated Safeguards System (ISS 2013) Operational Safeguard # 2 on involuntary resettlement acknowledges that development projects that displace people generally give rise to economic, social and environmental problems. The Bank guidelines prescribe measures to minimize the negative impacts and ensure that the displaced community benefits from the project. For any project involving the resettlement of more than 200 persons a full RAP has to be prepared. If less than 200 persons are affected, an abbreviated resettlement plan will be produced.

Objectives The OS # 2 objectives are:

 Avoid involuntary resettlement where feasible, or minimise resettlement impacts where involuntary resettlement is deemed unavoidable after all alternative project designs have been explored.  Ensure that displaced people are meaningfully consulted and given opportunities to participate in the planning and implementation of resettlement programmes.  Ensure that displaced people receive significant resettlement assistance under the project, so that their standards of living, income-earning capacity, production levels and overall means of livelihood are improved beyond pre- project levels.  Provide explicit guidance to borrowers on the conditions that need to be met regarding involuntary resettlement issues in Bank operations to mitigate the negative impacts of displacement and resettlement, actively facilitate social development and establish a sustainable economy and society.  Guard against poorly prepared and implemented resettlement plans by setting up a mechanism for monitoring the performance of involuntary resettlement programmes in Bank operations and remedying problems as they arise.

Eligibility In accordance with the involuntary resettlement policy, three groups of displaced people are entitled to compensation or resettlement assistance for loss of land or other assets taken for project purposes:  Those who have formal legal rights to land or other assets recognised under the laws of the country concerned. This category generally includes people who are physically residing at the project site and those who will be displaced or may lose access or suffer a loss in their livelihood as a result of project activities.  Those who may not have formal legal rights to land or other assets at the time of the census/evaluation but can prove that they have a claim that would be recognized under the customary laws of the country. This category may include people who may not be physically residing at the project site or persons who may not have any assets or direct sources of livelihood derived from the project site, but who have spiritual and/or ancestral ties with the land and are locally recognized by communities as customary inheritors. Depending on the country’s customary land use rights, they may also be considered to have a claim if they are sharecroppers, tenant farmers, and seasonal migrants or nomadic families losing user rights.  Those who have no recognizable legal right or claim to the land they are occupying in the project area of influence and who do not fall into either of the two categories described above, if they themselves or witnesses can demonstrate that they occupied the project area of influence for at least six months prior to a cut-off date established by the borrower or client and acceptable to the Bank. These groups may been titled to resettlement assistance other than compensation for land to improve their former living

standards (compensation for loss of livelihood activities, common property resources14, structures and crops, etc.).

Those who are not registered before the cut-off-date and have no claim rules in the affected area according to Bank are not eligible to compensation.

The units that are entitled to compensation (e.g., family, household, and individual) are decided through consultation with those to be displaced. Affected people are compensated for all their losses at full replacement costs before their actual move; before land and related assets are taken; and, if the project is implemented in phases, before project activities begin for each particular phase. The borrower or client gives preference to land-based resettlement strategies and as a matter of priority offers land- to-land compensation and/ or compensation-in-kind in lieu of cash compensation where feasible; further, the borrower or client clearly explains to affected people that cash compensation very often leads to rapid impoverishment.

Consultation When displacement cannot be avoided, the borrower or client must consult in a meaningful way with all stakeholders, particularly the people affected and the host communities, and involve them at all stages of the project cycle in a clear and transparent manner—in designing, planning, implementing, monitoring, and evaluating the Resettlement Action Plan. Community participation helps to ensure that compensation measures, development programs and service provisions reflect the needs and priorities of the people affected and their hosts. Thus the borrower or client makes it a particular priority to incorporate local knowledge into the Resettlement Action Plan.

According to the AfDB’s disclosure policy and the AfDB’s Environmental and Social Assessment Procedures (ESAP, 2001) a full resettlement plan and the abbreviated resettlement plan should be posted in the AfDB’s Public Information Centre and the AfDB’s web site for public review and comments.

Compensation Displaced people are provided with targeted resettlement assistance with the aim of ensuring that their standards of living, income-earning capacity, production levels and overall means of livelihood are improved beyond pre-project levels. To this end, a comprehensive livelihood improvement program is formulated and implemented as part of the Resettlement Action Plan. Strategies to improve livelihoods may involve providing access to training through appropriate technologies.

The affected populations are offered a range of different compensation package, resettlement assistance, and livelihood improvement options, as well as options for administering these measures at different levels (e.g., family, household and individual), and the affected persons themselves are given the opportunity to express

their preferences. This option-based resettlement planning is part of a development approach that aims to ensure that the affected populations are able to reconstruct their production foundations and become self-sustaining producers and wage earners. In addition, land, housing, infrastructure and other compensation should be provided to the adversely affected population, indigenous groups, ethnic minorities, and pastoral people who may have usufruct or customary rights to the land and other resources taken for the project.

Monitoring The borrower or client is responsible for the implementation, monitoring and evaluation of the activities set out in the Resettlement Action Plan, and it keeps the Bank informed of progress. The resettlement component of an operation is fully and specifically covered in the reports on the progress of the overall project, and is included in the logical framework of the operation. The loan agreement specifies the monitoring and evaluation requirements and their timing. An independent third party monitors the implementation of large-scale or complicated Resettlement Action Plans, with regular feedback from the affected people. Affected people are also given the opportunity to participate in such implementation monitoring. The Bank and borrower agree on either contracting. Compensation for damaged properties may be an issue in some areas during actual implementation of this project. In that case the project management will be required to adhere to the policy guidelines, especially considering that this project is to be financed by the AfDB.

3.3.2 World Bank Operational Policies The potentially triggered safeguard policies which will be considered in this RAP are the following:  OP 4.10 Indigenous People;  OP 4.11 Physical Cultural Resources;  OP 4.12 Involuntary Resettlement;  OP 17.50 Public Disclosure.

3.3.2.1 OP/BP 4.10 Indigenous Peoples The objectives of this policy are to ensure:  The development process fosters full respect for the dignity, human rights, and cultural uniqueness of indigenous people;  Adverse effects during the development process are avoided, or if this is not feasible, ensure that these are minimized, mitigated or compensated;  Indigenous people receive culturally appropriate and gender and inter- generationally inclusive social and economic benefits.

 Based on the knowledge of the Kigoma project area there are no indigenous people in the project area. Therefore, OP4.10 is not triggered and no further specific investigations will be conducted regarding this issue.

3.3.2.2 OP/BP 4.11 Physical Cultural Resources (PCR) This policy assists in preserving PCRs and helps reduce chances of their destruction or damage. The policy considers PCRs to be resources of archaeological, paleontological, historical, architectural, religious (including graveyards and burial sites) and aesthetic or of other cultural significance. During the consultation meetings held in the project area in the process of EIA, no PCR are known to exist in the project area. However, if PCRs are found during the project implementation, a management plan must be prepared. This management plan must include measures to avoid or mitigate any adverse impacts on PCRs, provisions for managing chance finds, any necessary measures for strengthening institutional capacity for the management of PCRs and a monitoring system to track the progress of these activities. Hence, provisions for managing chance finds must be implemented to ensure that PCRs, that may be discovered, are properly handled.

3.3.2.3 World Bank Operational Policy 4.12: Involuntary Resettlement Operational Policy 4.12 (OP4.12) is triggered in situations involving involuntary taking of land. The 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. AfDB’s own social safeguards are aligned with World Bank Operational Polices. Section 2 of OP4.12 notes that involuntary resettlement may cause severe long-term hardship, impoverishment, and environmental damage unless appropriate measures are carefully planned and carried out.

For these reasons, the overall objectives of the Bank’s policy on involuntary resettlement are the following: Involuntary resettlement should be avoided where feasible, or minimized, exploring all viable alternative project designs; Where it is not feasible to avoid resettlement, resettlement activities should be conceived and executed as sustainable development programs, providing sufficient investment resources to enable the persons displaced by the project to

share in project benefits. Displaced persons should be meaningfully consulted and should have opportunities to participate in planning and implementing resettlement programs; Displaced persons should be assisted in their efforts to improve their livelihoods and standards of living or at least to restore them, in real terms, to pre-displacement levels or to levels prevailing prior to the beginning of project implementation, whichever is higher.

Section 3 notes the impacts to be considered including those involving the involuntary taking of land resulting in: relocation or loss of shelter; loss of assets or access to assets; and, loss of income sources or means of livelihood, whether or not the affected persons must move to another location.

Section 4 notes policies apply to all components of a project that result in involuntary resettlement, regardless of the source of financing. As per Section 6 of OP4.12, the project proponent should develop a Resettlement Action Plan (RAP) that covers the following. Displaced persons are: informed about their options and rights pertaining to resettlement; consulted on offered choices, provided with technically and economically feasible resettlement alternatives; and provided prompt and effective compensation at full replacement cost for losses of assets attributable directly to the project; If the impacts include physical relocation, measures to ensure that the displaced persons are: provided assistance (such as moving allowances) during relocation; and, provided with residential housing, or housing sites, or, as required, agricultural sites for which a combination of productive potential, locational advantages, and other factors is at least equivalent to the advantages of the old site. Measures to ensure that displaced persons are: offered support after displacement, for a transition period, based on a reasonable estimate of time likely to be needed to restore their livelihood and standards of living; and, provided with development assistance in addition to compensation measures, such as land preparation, credit facilities, training, or job opportunities.

Particular attention should be paid to the needs of vulnerable groups, especially those below the poverty line, the landless, the elderly, women and children, indigenous people, ethnic minorities, or other displaced persons who may not be protected through national land compensation legislation. In accordance with Section 10, taking of land and related assets may take place only after compensation has been paid and, where applicable, resettlement sites and moving allowances have been provided, and other measures such as livelihood programs are in place.

As per Section 11, preference should be given to land-based resettlement strategies for displaced persons whose livelihoods are land-based. If land is not the preferred option of the displaced persons, or sufficient land is not available at a reasonable price, non-land-based options built around opportunities for employment or self-employment should be provided in addition to cash compensation for land and other assets lost. The lack of adequate land must be demonstrated and documented. Section 12 notes that payment of cash compensation for lost assets may be appropriate where livelihoods are land-based but the land taken for the project is a small fraction (normally considered as less than 20% of the total productive area), and the residual is economically viable. Section 15 notes that displaced persons may be classified in one of the following three groups: those who have formal legal rights to land (including customary and traditional rights as recognized under national law); those who do not have formal legal rights to land at the time of surveys but have a claim to such land or assets – provided that such claims are recognized under the laws of the country or become recognized through a process identified in the resettlement plan; those who have no recognizable legal right or claim to the land they are occupying.

Persons covered under (1) and (2) are provided compensation for the land they lose, and other assistance, while persons covered under (3) should be provided with resettlement assistance in lieu of compensation for the land they occupy, and other assistance, as necessary. Finally, OP4.12 also includes guidance on the preparation and content of Resettlement Action Plans appropriate to project impacts.

3.3.2.4 OP 17.50 Public Disclosure According to the WB’s policy on disclosure of public information, whenever a Resettlement Plan (RAP) or Indigenous Peoples’ Development Plan (IPDP) is required by the World Bank, a RAP or IPDP must be prepared as a separate, free-standing document. These documents must also be available at a place accessible to, and in a form, manner and language understandable to the displaced or affected people and local NGOs.

3.3.3 IFC Performance Standard 5: Land Acquisition and Involuntary Resettlement (PS5) The IFC performance standard 5 similar to AfDB OS 2 and WB OP.12 recognizes that project-related land acquisition and restrictions on land use can have adverse impacts on communities and persons that use this land.

Resettlement is considered involuntary when affected persons or communities do not have the right to refuse land acquisition or restrictions on land use that result in physical or economic displacement. This occurs in cases of (i) lawful expropriation or temporary or permanent restrictions on land use and (ii) negotiated settlements in which the buyer can resort to expropriation or impose legal restrictions on land use if negotiations with the seller fail.

The objectives of the PS 5 are:  To avoid, and when avoidance is not possible, minimize displacement by exploring alternative project designs.  To avoid forced eviction.  To anticipate and avoid, or where avoidance is not possible, minimize adverse social and economic impacts from land acquisition or restrictions on land use by (i) providing compensation for loss of assets at replacement cost and (ii) ensuring that resettlement activities are implemented with appropriate disclosure of information, consultation, and the informed participation of those affected.  To improve, or restore, the livelihoods and standards of living of displaced persons.  To improve living conditions among physically displaced persons through the provision of adequate housing with security of tenure at resettlement sites.

TANESCO has committed to implement resettlement in accordance with the applicable Tanzanian laws and regulations, as well as potential project development partners such as AfDB, WB and IFC. The presented RAP study describes the principles, procedures and measures that will be implemented prior to, during and after the resettlement of PAPs.

3.4 GAP Analysis Laws on land administration in Tanzania are comprehensive but differ in several ways with the AfDB’s OS 2 and World Bank’s OP4.12 Policies as shown in Table 2 below.

Table 2: Comparison between National Policies and Legislations versus International Policies on Resettlement and Compensation

TYPES OF AFFECTED PROPOSED MITIGATION PERSONS/LOST TANZANIAN LAW WORLD BANK OP 4.12 AFRICAN DEVELOPMENT BANK OS 2 COMPARISON/GAPS MEASURE ASSETS Minimization of Avoidance or minimizationRequires that of re Resettlement be avoided, and where not Requires that resettlement be avoided, and National law does not require Include minimization of Displacement resettlement is not discussed. possible, minimized to the extent possible. where not possible, minimized to the extent efforts to minimize resettlement. displacement in project design possible. and document in RAP justification for resettlement and measures taken to minimize this. Baseline Surveys Law requires asset inventories for the Comprehensive baseline surveys are required Comprehensive baseline surveys are required National law only requires asset Project will undertake a socio- purpose of valuation, in the presence detailing demographic and socio-economic detailing demographic and socio-economic survey for valuation purposes. economic survey of all of owners and local authorities. characteristics of communities and characteristics of communities and affected households using households, as well as asset inventories, for households, as well as asset inventories, for meaningful indicators, the development of appropriate compensation, the development of appropriate compensation, together with asset validation. resettlement and livelihood measures, as well resettlement and livelihood measures, as well These will be analyzed in the as M&E. as M&E. RAP for the purpose of developing appropriate resettlement and livelihood restoration measures. There is no clear Requires that a Cut-Off Date is ideally Requires that in the absence of host Requires that a Cut-Off Date is ideally agreed Census will be conducted and The cut-off date will be taken guidance on the cut- agreed between parties and enacted government procedures on cut-off dates, the upon between parties and enacted following cut-off date will be established & as a day where assets off date in the following the inventory of all assets. borrower or client establishes a cut-off date for the inventory of all assets. agreed upon with PAPs. The cut- valuation is conducted and national legislation PAPs shall be provided resettlement eligibility that is acceptable to the Bank. It off date does not preclude owner signs Form No. 1 assistance in lieu of compensation for should ideally be agreed upon between parties continued farming, and this will be the land they occupy, and other PAPs who occupy the project area of influence clearly communicated. assistance, as necessary if they after the cut-off date are not eligible for occupied the project area prior to a compensation. cut-off date established. Persons who encroach on the area after the cut-off date will not be entitled to compensation or any other form of resettlement assistance. Land Owners with Land owners, with or without formal PAPs are classified into 3 groups: PAPs are classified into 3 groups: The lost assets in Tanzania are All Land owners with or legal or customary legal rights, are entitled to full, fair (a) those who have formal legal rights including (a) Those who have formal legal rights to restricted to land and without legal or customary titles and prompt compensation plus customary and traditional rights; land or other assets recognized under the developments on land, and where titles will be compensated disturbance allowance, transport (b) those who do not have form legal rights to laws of the country concerned; relevant, loss of profits. The lost allowance, accommodation allowance the land but have a claim to such land or assets (b) Those who may not have formal legal assets under OP 4.12 and OS 2 Additional measures to and loss of profit if they were in actual provided that such claims are recognized under rights to land but can prove that they have a are much wider than land and improve the livelihoods and occupation of the acquired property. the law of the country; and claim that would be recognized under the include loss of access to standards of affected people Lost assets are limited to (c) Those who have no legal rights to the land customary laws of the country livelihoods and standard of living shall be proposed in the RAP. “unexhausted improvements”, that is they are occupying. (c) those who have no legal rights to the land and seeks to improve them or at the land and developments on the they are occupying but can demonstrate that least to restore them to pre- land. Persons covered under categories (a) and (b) they occupied the project area of influence displacement levels The law does not cover economic above, are among PAPs who are entitled to full, for at least six months prior to a cut-off date and social impacts of relocation and

TYPES OF AFFECTED PROPOSED MITIGATION PERSONS/LOST TANZANIAN LAW WORLD BANK OP 4.12 AFRICAN DEVELOPMENT BANK OS 2 COMPARISON/GAPS MEASURE ASSETS as such socio-economic surveys are fair and prompt compensation as well as other Persons covered under categories (a) and (b) Tanzania law provides some not part of the land acquisition relocation assistance. above, are among PAPs who are entitled to allowances to PAPs which do process. full, fair and prompt compensation of land as support to re-coup the livelihood well as other relocation assistance. The (c) category may be entitled to resettlement assistance other than compensation for land. Tenants/ squatters, The law is limited to those who can Tenants/Squatters are provided with Tenants/ are provided with resettlement WB OP 4.12 and OS 2 recognize Compensation will be only to prove de jure or de facto land resettlement assistance in lieu of compensation assistance in lieu of compensation for the land a wider spectrum of PAPs. The those who can claim ownership. for the land they occupy as well as other they occupy as well as other relocation Tanzania spectrum is limited to ownership. However, relocation assistance. assistance. Squatters also if they fit in category those who can prove proprietary Business tenants who loose c above. rights. It does not include tenants profit due to relocation will be entitled to compensation. Other tenant and squatters will be given notice early so that they find alternative place will only benefit with livelihood restoration measures Owners of non- Tanzanian law makes no Permanent and non-permanent buildings need Permanent and non-permanent buildings need The gap is about eligibility, which Buildings be assessed as permanent buildings differentiation between owners of to be compensated. to be compensated. is hinged upon formal or informal Tanzania law allow but permanent and non-permanent ownership. compensation will be paid Owners of Resettlement assistance as well as other Resettlement assistance as well as other buildings. As long as ownership can based on full replacement cost permanent buildings assistance assistance While, in Tanzania, compensation be proved compensation is payable. Cash compensation levels should be sufficient Cash compensation levels should be sufficient is based on market value, In-kind compensation will be Determination of compensation is to replace the lost asset at full replacement cost to replace the lost asset at full replacement determined using the depreciated considered as an option for based on the market value of the in local markets. cost in local markets. replacement cost approach for public structures and for those property. In practice though, the developments on land, WB OP proved to be vulnerable people Recommends in-kind compensation Recommends in-kind compensation depreciated replacement cost 4.12 and OS 2 require that who wishes for the in-kind approach is used, meaning that PAPs compensation should be sufficient compensation do not get the full replacement cost of to replace the lost land and other the lost assets. assets at full replacement cost. Building tenants and Tanzania law on compulsory Tenants and encroachers are assisted to find a Tenants and encroachers are assisted to find National law requires legal title for Compensation will be only to encroachers acquisition and compensation is new place to rent a new place to rent. compensation of assets those who can claim limited to those who can prove de jure ownership. However, or de facto land ownership. Tenants Business tenants who loose and encroachers are not covered profit due to relocation will be entitled to compensation. Other tenant and squatters will be given notice early so that they find alternative place will only benefit with livelihood restoration measures

TYPES OF AFFECTED PROPOSED MITIGATION PERSONS/LOST TANZANIAN LAW WORLD BANK OP 4.12 AFRICAN DEVELOPMENT BANK OS 2 COMPARISON/GAPS MEASURE ASSETS Timing of Tanzanian law requires that Displaced persons are provided prompt and Compensation at the full replacement cost for In terms of timing, both Tanzanian Prompt payment of compensation compensation be full, fair and prompt. effective compensation at full replacement cost loss of lands and other assets. laws and WB OP 4.12 and OS 2 compensation before payments Section 34 (3), (b), (i) provides for not for losses of assets directly attributable to the Payments should be made prior to projects require that compensation be paid commencement of less than one hundred and eighty project. implementation with the view to improve the promptly. construction activities. days’ notice of any requirement to Payments should be made prior to projects former living standards, income earning However, this rarely happens in move persons occupying the land implementation with the view to improve the capacity and production levels of the affected practice due to huge sum of Interest rate will apply for delay under customary law former living standards, income earning population. money required for compensation in payment. capacity and production levels of the affected and other lengthy approval population. procedures Calculation of According to the Land Assessment of Displaced persons should be provided with Compensation for all their losses at full Tanzania law provides for the In addition to the national compensation and the value of Land for Compensation) prompt and effective compensation at full replacement costs before actual move; before calculation of compensation on the legislation, the valuation for valuation Regulations, 2001, as well as the replacement cost for losses of assets land and related assets are taken; and, if the basis of the market value of the compensation of assets will be Village Land Regulations, 2001, attributable direct to the project. project is implemented in phases, before lost land and unexhausted based on replacement cost. compensation for loss of any interest Replacement cost is the method of valuation of project activities begin for each particular improvements, plus a disturbance, in land shall include the value of assets that helps determine the amount phase. In-kind compensation strategies are , accommodation allowance, and unexhausted improvements, sufficient to replace lost assets and cover preferred to cash based compensation loss of profits where applicable. disturbance allowance, transport transaction costs. Depreciation is not to be strategies. Since depreciation is applied, the allowance, accommodation taken into account when applying this method. amount paid does not in most allowance, and loss of profits. For losses that cannot easily be valued or cases amount to that required to The basis for assessment of any land compensated in monetary terms (e.g. access to replace the lost assets. Besides, and unexhausted improvement for public services, customers and suppliers, or to other types of assets (besides purposes of compensation is the fishing, grazing or forest areas) attempts are land) are not taken into market value of such land. made to establish access to equivalent and consideration. The market value is arrived at by the culturally acceptable resources and earning use of comparative method evidenced opportunities. by actual recent sales of similar properties; or by the use of the income approach, or replacement cost method, where the property is of special nature and not saleable. Relocation and Tanzanian laws do not provide for WB OP 4.12 stipulate that where project PAPs should be given a range of different There are some similarities In addition to the requirements Resettlement relocation and resettlement. However, impacts include physical relocation, measures compensation packages including between Tanzanian and AfDB and in the national legislation, in- there are a few cases where the should be taken to ensure that the displaced resettlement assistance, and livelihood WB policies. kind compensation will only be government has provided both persons are: (i) provided with assistance (such improvement options, as well as options for Tanzanian law provides for considered for some cases. compensation and alternative land, as moving allowance) during relocation; and (ii) administering these measures at different transport allowance for 12 tons of but this has been done at its provided with residential housing, or housing levels (e.g., family, household and individual), luggage for up to 20 kilometres PAPs will be consulted to discretion. In general however, the sites, or, as required, agricultural sites for which and the affected persons themselves to be from the acquired land, provided determine whether they need government feels that it has a combination of productive potential, locational given the opportunity to express their the displaced person was living on cash or in-kind compensation discharged its duty once advantages and other factors is at least preferences. that land. compensation is paid, and it is up to equivalent to the advantages lost. In lieu of housing accommodation the displaced persons to resettle and allowance is made in the form of re-establish themselves elsewhere.

TYPES OF AFFECTED PROPOSED MITIGATION PERSONS/LOST TANZANIAN LAW WORLD BANK OP 4.12 AFRICAN DEVELOPMENT BANK OS 2 COMPARISON/GAPS MEASURE ASSETS Transport allowance and rent for 36 months for similar type accommodation allowance are of housing. provided. Occasionally, in a discretionary manner alternative land is awarded. Completion of The government can, under the law, WB OP 4.12 stipulates that it is necessary to Affected people be compensated for all their The Land Acquisition Act, 1967, The project will take the resettlement and take possession of the acquired land ensure that displacement or restriction to losses at full replacement costs before their allows the government to take possession of the land after compensation at the end of the notice to acquire access does not take place before necessary actual move; before land and related assets possession of the acquired land compensation is effected fully period, before paying compensation. measures for resettlement are in place. In are taken; and, if the project is implemented in before paying compensation. and all grievances have been Current practice however is such that particular, taking of land and related assets may phases, before project activities begin for each Current practice, endeavours to addressed. possession is usually after the take place only after compensation has been particular phase. pay compensation before taking payment of compensation whereby paid, and where applicable, resettlement sites possession of the land. the displaced persons are given time and moving allowance have been provided to to vacate the land, which is usually as the displaced persons. soon as possible Livelihood There are no legal provisions requiring WB OP 4.12 provides that the resettlement plan PAPs should be given a range of different There are no transitional A livelihood restoration restoration and the government to restore livelihood or or policy include measures to ensure that the compensation packages including measures provided for under measures will be assistance to to provide assistance towards the displaced persons are (i) offered support after resettlement assistance, and livelihood Tanzanian law and practice; nor recommended for larger Vulnerable groups restoration of such livelihoods. displacement for a transitional period, based on improvement options, as well as options for are there provisions for society and capacity building. Indeed, compensation is not payable a reasonable estimate of the time likely to be administering these measures at different compensation as a result of Measures will be assistance in in the case of restrictions to access to needed to restore their livelihood and standard levels (e.g., family, household and individual), restrictions to access to livelihood. providing health centre and areas of livelihood opportunities. of living; and, (ii) provided with development and the affected persons themselves to be The Tanzanian law does not make school classrooms, training on assistance in addition to compensation given the opportunity to express their some issues and job Moreover there are no provisions that provisions requiring the measures, such as land preparation, credit preferences. opportunities for the locals require the government to pay special government to pay special facilities, training or job opportunities. attention to vulnerable groups or Special attention to vulnerable groups attention to vulnerable groups in indigenous peoples the administration of Special attention will be given compensation to vulnerable groups. Consultation and There are scanty provisions related to WB OP 4.12 requires that displaced persons When displacement cannot be avoided, the The provisions in AfDB OS 2 and Apart from following Tanzania disclosure consultation and disclosure in are (i) informed about their options and rights borrower or client must consult in a meaningful WB OP 4.12 requiring consultation requirement the project will Tanzanian law. pertaining to resettlement; and, (ii) consulted way with all stakeholders, particularly the and disclosure is somewhat follow WB and AfDB guidelines The notice, under the Land Acquisition on, offered choices among, and provided with people affected and the host communities, and practiced in Tanzanian law Act, informs land owners about the technically and economically feasible involve them at all stages of the project cycle particularly in CAP 191 President’s need to acquire their land, resettlement alternatives. Displaced persons in a clear and transparent manner—in and their right to give objections. The should be meaningfully consulted and should designing, planning, implementing, monitoring, Land Act allows displaced persons to have opportunities to participate in planning and and evaluating the RAP. fill in forms requiring that their land be implementing resettlement programs. PAPs valued, and giving their own opinion should be consulted throughout the process as to what their assets are worth. and a Stakeholder Engagement Plan prepared. Since resettlement is not provided for legally, there are no provisions about informing the displaced persons about their options and rights; nor are they

TYPES OF AFFECTED PROPOSED MITIGATION PERSONS/LOST TANZANIAN LAW WORLD BANK OP 4.12 AFRICAN DEVELOPMENT BANK OS 2 COMPARISON/GAPS MEASURE ASSETS offered choice among feasible resettlement alternatives. Grievance Under s. 13 of the Land Acquisition WB OP 4.12 provides that displaced persons With regard to grievance resolution, the OS The law in Tanzania does not The RAP has proposed the mechanism and Act, where there is a dispute or and their communities, and any host highlight the need to work with informally provide for the establishment of grievance Resolution dispute resolution disagreement relating to any of the communities receiving them, are provided with constituted local committees made up of grievance resolution mechanisms mechanisms for the project following matters: timely and relevant information, consulted on representatives from key stakeholder groups specific to particular resettlement (a) the amount of compensation; resettlement options, and offered opportunities and, in particular, vulnerable communities to cases. However, in practice to participate in planning implementing and establish a culturally appropriate and grievances mechanisms are (b) the right to acquire the land; monitoring resettlement. Appropriate and accessible grievance and redress mechanism always present and when they fail (c) the identity of persons entitled to accessible grievance mechanisms must be to resolve, in an impartial and timely manner, a court of law is always open to compensation; established for these groups any disputes arising from the resettlement resolve the dispute (d) the application of section 12 to the process and compensation procedures. The land; OS emphasize that the grievance redress (e) any right privilege or liability mechanism does not impede access to judicial conferred or imposed by this Act; or administrative remedies. (f) the apportionment of compensation between the persons entitled to the same and such dispute or disagreement is not settled by the parties concerned within six weeks 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 the determination of the dispute. In practice the government tries to resolve grievances through public meetings with the affected persons. Monitoring & Law does not specify procedures for Monitoring and evaluation activities should be Monitoring and evaluation activities should be National law does not detail M&E The RAP details Monitoring Evaluation monitoring and evaluation of projects. integrated into the overall project management integrated into the overall project management procedures for projects. However and Evaluation Plan involving process, and the RAP must provide a coherent process, and the RAP must provide a coherent in some cases monitoring and participation of stakeholders, monitoring plan that identifies organizational monitoring plan that identifies organizational evaluation is conducted to which will continue for the responsibilities, methodology, and the schedule responsibilities, methodology, and the determine the efficacy of the duration of implementation and for monitoring and reporting schedule for monitoring and reporting mitigation measures and project livelihood restoration cost measures.

CHAPTER FOUR: FINDINGS OF THE SOCIO-ECONOMIC SURVEY This section mainly describes the basic socio-economic characteristics of the households along the proposed way leave corridor and other project areas such as substation, hydropower plant area and access road. Also, the households found in the areas of influence were administered with questionnaires for analysing their socio-economic status. The main data collected included size of household, their age, sex, marital status, kind of vulnerability if any, education level, primary and secondary occupations, number and size of farms in and outside their villages, ownership and size of livestock, sources of incomes, ownership of agricultural tools and domestic assets, number of houses and their status and accessibility of social services such as water, education, health, energy, transport, security, markets etc. Moreover, availability of cultural properties such as graves and shrines in the proposed project areas were asked during interview with the households in order to assess the severity of the impact of loss of cultural properties during resettlements.

The key data collection tools deployed to solicit the above information were both closed ended and open questionnaire and face to face interview. Eventually, the collected data were analysed using SPSS software whereas bar graphs, pie charts, line graphs and tables were used to display the analysed data.

The analysis of each aspect of socio-economic characteristics of the households is as provided in the following sub-headings;

4.1 Number of households interviewed in each district, ward and village During socio-economic survey, about 641 households were interviewed out of which 357 (55.7%) were from Kigoma district council and 284 (44.3%) were from Uvinza district council. The location of all (100%) of the households interviewed were from the rural areas this is because the proposed transmission line will be traversing the villages and the substation area is also located in the village. The proposed project facilities will be positioned in three wards namely Kazuramimba, Kandaga and Kidahwe. Likewise the findings of the household socio-economic survey revealed that about 356 (55.5%) were from Kidahwe ward while 154 (24%) were from Kandanga and 131 (20.5%) were from Kazuramimba ward. The study findings indicated that about 55.5% of the households or Project Affected Persons (PAPs) were found at Kidahwe ward because the substation area which is almost 150 hectares of land is likely to affect huge number of households compared to the ones along the way leave corridor from Malagarasi to Kidahwe. Refer figure 8 depicting number of households interviewed in each ward.

20%

Kidahwe Kandaga 56% Kazuramimba 24%

Figure 8: Depicting Number of house depicting number of households interviewed in each ward

(Source: 132kV TL RAP Study, August, 2017)

Furthermore, the findings ascertained that households interviewed in each village were as shown in the table below.

Table 3: Shows the number of households interviewed in each village

Villages Frequency Percent Valid Cumulative Percent Percent Names of Kidahwe 357 55.7 55.7 55.7 villages Mazungwe 76 11.9 11.9 67.6 Kazuramimba 55 8.6 8.6 76.1 Kalenge 93 14.5 14.5 90.6 Mlela 60 9.4 9.4 100.0 Total 641 100.0 100.0 Source: 132kV TL RAP Study, August, 2017

However, from census conducted for the whole project area indicates that there are about 1042 PAPs as described in the following Table 4 below:

Table 4: Number of Project Affected Persons

PAPS NOT RECORDED IN THE NEW PAPS THAT VALUATION CENSUS CENSUS APPERED LATER TOTAL KIDAHWE KIDAHWE SUBSTATION 299 89 25 413 TRANSMISSION LINE 45 0 17 62 TOTAL KIGOMA DC 475

PAPS NOT RECORDED IN THE NEW PAPS THAT VALUATION CENSUS CENSUS APPERED LATER TOTAL MAZUNGWE PAPs Paid in 2012 (20m corridor) 36 0 0 36 PAPs not Paid in 2012 but having unpaid claims (20m corridor) 0 64 0 64 TOTAL 100

MAZUNGWE New PAPs in New diverted line (26m corridor) 23 9 0 32 IGAMBA New PAPs in HPP site 37 0 0 37 KAZURAMIMBA Identified PAPs 94 0 0 94 KALENGE Identified PAPs 188 0 0 188 MLELA Identified PAPs 116 0 0 116 TOTAL UVINZA DC (NEW PAPs) 467

TOTAL PROJECT PAPS 1042

4.2 Size of households The study was interested to know size of each household found within the project area in order to assess the socio-economic impacts of the proposed project. The findings revealed that the highest (43%) household size was the one ranged between 4-7 while the least (5.3%) ranged between 16 and above. These findings is also buttressed by the national population and housing census of 2012 which shows the average number of the households in Kigoma region. Refer Table 5.

Table 5: Size of Households

Size of Household Frequency Percent Valid Cumulative Percent Percent Group of 1- 3 76 11.9 11.9 11.9 household 4 - 7 275 42.9 43.0 54.9 8 -12 214 33.4 33.5 88.4 9 - 15 40 6.2 6.3 94.7 16 and 34 5.3 5.3 100.0 above

Total 639 99.7 100.0 Missing System 2 .3 Total 641 100.0 Source: 132kV TL RAP Study, August, 2017

4.3 Sex, Age and Relationship of the respondent to the household heads As aforementioned, about 641 households were interviewed out of which 405 (63.7%) were males and 231 (36.3%) were females. This result could be influenced by culture and tradition of the project area which is officiating men to be head of households and hence male should be the one representing the family in socio-economic issues. Also age groups were formulated in the questionnaire in order to know the age of respondents. Thus, the study findings revealed that age group that mostly (42.5%) responded were 31- 50 while the one with least (10.4%) respondents was age group ranged 71 and above. With this regards, the impacts of the project to vulnerable PAPs in the project area is low and insignificant. Refer to Figure 9.

45.0 42.5 40.0 35.0 33.1 30.0 25.0 20.0

Percentages 14.0 15.0 10.4 10.0 5.0 0.0 18- 30 31 - 50 51 - 70 71 and above Age groups

Figure 9: shows age of respondents or PAPs

(Source: 132 kV TL RAP Study, August, 2017)

Nevertheless, according to the study findings it was found out that most (71.8%) of the respondents were household heads while spouses responded at 22.5% and other relatives were respondents with least response (0.2%).

Also type of household heads were analysed using cross tabulation method in order to distinguish number of households headed by female and those ones headed by males. The result of the findings depicted that households headed by male were 553 (87%) while households headed by female were 83 (13%). Refer Table 6 for more details.

Table 6: Shows types of household heads of the PAPs

Cross tabulation for analysing type of household heads Sex Total Male Female Relationship to Household Head Head 376 83 459 Spouse 5 139 144 Child 18 9 27 Parents 1 0 1 Others relative 1 0 1 Others 4 0 4 Total 405 231 636 Source: 132 kV TL RAP Study, August, 2017

4.4 Marital status of the households The findings of the household survey indicated that most (66.8%) of the households were married while the least (1.6%) had divorced. Figure 10 displays more details.

Co habitation 15.8

Separated 1.7

Single 3.8

Divorced 1.6 Marital Marital status

Widowed 10.3

Married 66.8

0.0 20.0 40.0 60.0 80.0 Percentage

Figure 10: Shows the Marital Status of PAPs 4.5 Primary and Secondary Occupations The study reported that most (93.7%) of the households’ primary occupation was agriculture while secondary occupation that was highly (30.4%) practised in the proposed project area was petty trading and lastly (1.3%) practised secondary occupations were tailor, mechanics, fisher, carpenter and agricultural paid labour. Refer Table 7.

Table 7: Depicts Primary Occupations of PAPs

Primary Occupation List of occupations Frequency Percent Valid Cumulative Percent Percent Agriculture self 602 93.9 96.3 96.3 employed Agricultural paid 4 .6 .6 97.0 labour Salaried 4 .6 .6 97.6 Commerce 2 .3 .3 97.9 Petty trading 2 .3 .3 98.2 Community service 6 .9 1.0 99.2 pastor/ shehe Tailor 1 .2 .2 99.4 Remittances 1 .2 .2 99.5 None 3 .5 .5 100.0 Total 625 97.5 100.0 Missing System 16 2.5 Total 641 100.0 Source: 132kV TL RAP Study, August, 2017

Table 8: Depicts secondary Occupations of PAPs

Secondary Occupation List of occupations Frequenc Perce Valid Percent Cumulative y nt Percent Agriculture self employed 13 2.0 16.5 16.5 Agricultural paid labour 6 .9 7.6 24.1 Agricultural unpaid family 1 .2 1.3 25.3 member Manson 3 .5 3.8 29.1 Fisher 1 .2 1.3 30.4 Commerce 16 2.5 20.3 50.6 Carpenter 1 .2 1.3 51.9 Petty trading 24 3.7 30.4 82.3 Casual labourer 1 .2 1.3 83.5 Community service pastor/ 3 .5 3.8 87.3 shehe Mechanics 1 .2 1.3 88.6 Gardening 2 .3 2.5 91.1 Tailor 1 .2 1.3 92.4 Sale of livestock 5 .8 6.3 98.7 None 1 .2 1.3 100.0 Total 79 12.3 100.0 Missing System 562 87.7 Total 641 100.0

Source: 132kV TL RAP Study, August, 2017

4.6 Education level The study revealed that most (52.2%) of the households didn’t attend even primary school while those with primary education level were 22.4% and the households with University education level were 1.5%. These findings show that most of the rural communities in Kigoma region do not have formal education, refer figure 11.

60.0 52.2 50.0

40.0

30.0 22.4 % value % 20.0 15.7

3.7 10.0 1.5 3.0 1.5 0.0

Education category

Figure 11: Education level of the household (PAPs)

(Source: 132kv TL RAP Study, August, 2017)

4.6.1 Comparison of education level against the districts Comparison of education against two districts was done using cross tabulation method in order to distinguish level of education in each district. The result of the findings depicted that households with primary education level were 178 in Kigoma district while 129 had primary education level in Uvinza district. Refer Table 9 for more details.

Table 9: Comparison of Education levels of two Districts of Kigoma:

Cross tabulation analysis for level of education in each district Count District Total Kigoma Uvinza Level of Education None 144 107 251 Primary 178 129 307

Secondary 12 9 21 Collage 1 1 2 Attending primary school 4 0 4 Drop out primary school 16 33 49 Drop out sec school 0 1 1 University 1 0 1 Total 356 280 636 Source: 132kv TL RAP Study, August, 2017

4.6.2 Comparison of education level against the villages Comparison of education against each village was done using cross tabulation method in order to distinguish level of education in each village. The result of the findings depicted that Kidahwe village had more educated households compared to Mazungwe, Kazuramimba, Mlela and Kalenga as it had 178 households with primary education level 12 households with secondary education level and 1 household with college and university level each. Refer Table 10 for more details.

Table 10: Comparison of education levels against other villages

Cross tabulation analysis for level of education in each village Villages Total Kidahwe Mazungwe Kazura Kalenge Mlela mimba Education None 144 29 22 35 21 251 level Primary 178 30 22 43 34 307 Secondary 12 4 2 2 1 21 Collage 1 1 0 0 0 2 Attending 4 0 0 0 0 4 p/school Drop out p/ 16 9 7 13 4 49 school Drop out 0 0 1 0 0 1 sec school University 1 0 0 0 0 1 Total 356 73 54 93 60 636 Source: 132kv TL RAP Study, August, 2017

4.7 Number and size of farms The households were interviewed on the number and size of their farms in and outside of their villages. Hence, the study findings discovered that about 314 (49.8%) households

47 own one farm while households possessing more than five farms were 145 (23%) and households with three farms were 70 (11.1%). The households with one – two acres were representing 37.6%, followed by the households with five acres and above (35.5%) while (4%) were the households with less than one acre. However, the study discovered that most (75.5%) of the households do not own farms outside the village but the majority (75%) owing farms outside the village reported to have one acre only, refer Table 12 below. This implies that most of farms possessed by the households in the proposed project areas are within their respective villages.

Table 11: Shows number of households having farms in the same village

Number of farms in the Village Frequency Percent Valid Percent Cumulative Percent Valid One 314 49.0 49.8 49.8 Two 102 15.9 16.2 65.9 Three 70 10.9 11.1 77.0 more than five 145 22.6 23.0 100.0 Total 631 98.4 100.0 Missing System 10 1.6 Total 641 100.0 Source: 132kV TL RAP Study, August, 2017

Table 12: Shows the number of households having farms outside their village

Number of farms outside the village Frequency Percent Valid Percent Cumulative Percent Valid One 76 11.9 75.2 75.2 Two 15 2.3 14.9 90.1 More than four 10 1.6 9.9 100.0 Total 101 15.8 100.0 Missing System 540 84.2 Total 641 100.0 Source: 132kV TL RAP Study, August, 2017

Table 13: Shows size of farms of the households in the village

Size of farms in the village Frequency Percent Valid Cumulative Percent Percent Valid less than acre 25 3.9 4.0 4.0 one - two acres 237 37.0 37.6 41.5 two - four acres 145 22.6 23.0 64.5

five acres and 224 34.9 35.5 100.0 above Total 631 98.4 100.0 Missing System 10 1.6 Total 641 100.0 Source: 132kV TL RAP Study, August, 2017

The households that claimed to have farms outside the villages are as showing in the Figure 12 below.

five acres and above 33.7

two - four acres 22.7

one - two acres 34.7

Size of farms Size outside farms of village less than acre 8.9

0 5 10 15 20 25 30 35 Percentage

Figure 12: Shows the size of household farms outside the village

Source: 132kV TL RAP Study, August, 2017

4.8 Number and size of plots The household socio-economic survey revealed that most (95.8%) of the households owns only one plot in the village while the least (0.4%) reported that they possesses more than five plots in the village. Moreover, the study findings ascertained that about 94.7% of the households belongs to one plot outside the village. Also, it was reported that most (36%) of the households owns quarter of acre of plot size in the village and few households (2%) owns more than two acre of plots in the village while 36.8% of the households possess plot size of one acre outside the village. Basing on these findings it can be substantiated that although the proposed project might affect plots in the villages traversed by the transmission line but most of the households have other plots outside their villages. Thus, impacts of the project on the plots is insignificant.

more than two acre 2%

one and half quater acre acre 36% 27%

half acre 35%

quater acre half acre one and half acre more than two acre

Figure 13: Shows size of plots owned by household in the village

(Source: 132kV TL RAP Study, August, 2017)

4.9 Vulnerabilities The households were asked on the availability of vulnerable people in the families in order to examine the impact of the proposed project to vulnerable groups. Following the responses, it was revealed that about 8.3% of the households reported to have vulnerabilities while 91.7% households had no any kind of vulnerability in their families. Refer Figure 14.

100.0 90.0 80.0 70.0 60.0 50.0

40.0 percentage 30.0 20.0 10.0 0.0 YES NO Response of Vulnerability

Figure 14: Shows responses of the vulnerability of PAPs

(Source: 132kV TL RAP Study, August, 2017)

Furthermore, the analysis of households that reported to have vulnerable people in their families depicted that about 63.4% people were vulnerable due to diseases/ injury while the least (0.7%) were orphans. Refer Figure 15 for more details.

70.0 63.4 60.0 50.0 40.0

30.0 22.4 Percentage 20.0 9.7 3.7 10.0 .7 .0 ORPHAN ELDERY DISABLED DISEASE MENTAL /INJURY PROBLEM Type of vulnerability

Figure 15: Shows the type of vulnerability

(Source: 132kV TL RAP Study, August, 2017)

4.10 Livestock ownership The study discovered that about 43.4% owns livestock while 56.6% don’t own any type of livestock. For the households that are keeping livestock, it was found out that about 33.3% owns local cattle, while 29.2% owns local goats and poultry each. The most (96.4%) of the source of ownership of the livestock was from purchasing while the households that inherited livestock were 1.8%. Also, about 58.7% of households responded that they are keeping livestock equally for both food and cash while 25.4% were keeping livestock mainly for food whereas 12.9% and 3% were keeping livestock for asset accumulations and mainly for cash respectively. The number of livestock that households were keeping are grouped as shown in Table 14 below. Table 14: Shows the number of Livestock the household possesses

Number of Livestock Frequency Percent Valid Percent Cumulative Percent Valid 1-5 162 25.3 58.3 58.3 6-10 68 10.6 24.5 82.7 11-20 34 5.3 12.2 95.0 21 - 30 11 1.7 4.0 98.9 31 and above 3 .5 1.1 100.0 Total 278 43.4 100.0 Missing System 363 56.6 Total 641 100.0

Source: 132kV TL RAP Study, August, 2017

4.11 Sources of income in the past year The socio-economic study conducted during RAP ascertained that most (95.9%) of the PAPs are selling crops as their main source of income while about 1.4% of the PAPs depends on selling of livestock and petty trading each. Also, PAPs claimed that although they are engaging in other economic activities in the village but sale of crops was their priority, refer Figure 16 below. This infers that if the transmission line route is to traverse within the farms with perennial crops i.e. palms and cassava this impact is considered negative and significant.

100% 90% 80% 70% 60% 50% 95.9 1.4 .2 .8 .2 1.4 .2

40% Percentage 30% 20% 10% 0% sale crop sale Informal Gift in kind Casual Petty Relief livestock work labour trading Sources of income

Figure 16: Shows the sources of income of households in the past year (Source: 132kV TL RAP Study, August, 2017)

4.12 Major agricultural assets/implements The study indicated that about 100% of PAPs neither possess Ox-drawn plough, Ox-cart, Tractor, Irrigation equipment, Sprayer nor Car. On the other hand, the study indicated that about 95.9% claimed to have hoes while 4.1% had no hoes. The most of the households indicated that about (99.7%) source of these hoes were bought by themselves while 0.4% got them as gifts.

Also about 70% PAPs claimed to have axe while 30% had no axe. The ones claiming to own axe reported that most (99.8%) of these axes were bought by themselves while 0.2% got them as gift. In addition, about 93.2% claimed to possess panga while 6.8% of the PAPs had no panga. Likewise, those ones claiming to own panga reported that about 99.5% of these panga were bought by themselves while 0.5% got them as gift.

4.13 Domestic assets The study findings reported that about 77% had domestic assets while 23% had no domestic assets. The study findings indicated that about 100% of those ones claiming to own domestic assets were bought by themselves. The variation in percentage of the ownership of these domestic assets in each households is as shown in the Table 15 below.

Table 15: Shows the type of domestic assets of the PAPs

Frequency of the ownership of domestic assets Responses Percent of N Percent Cases Radio 17 16.7% 100.0% TV 11 10.8% 64.7% Bicycle 16 15.7% 94.1% Mobile phone 17 16.7% 100.0% sewing machine 8 7.8% 47.1% Watch/ clock 8 7.8% 47.1% Paraffin stove 6 5.9% 35.3% Motorbike 4 3.9% 23.5% Solar panel 15 14.7% 88.2% Total 102 100.0% 600.0% Source: 132kV TL RAP Study, August, 2017

4.14 Housing and living condition During socio-economic study of the households or PAPs, it was reported that about 99.1% of the PAPs had houses while only 0.9% had no houses. As such, the study revealed that about 78.8% of the PAPs had one house, 14.5% had two houses and 5.4% had three houses while 0.13% had four houses. However, the status of the floor, wall and roof of their houses were 89% mud flow, 80% burnt bricks and 75% corrugated iron sheet respectively. The use of these houses is as indicated in the Table 16 below. Also, sanitation situation in the villages was satisfactory as most (98.5%) of the households were found with pit latrines while rest were having pit latrine VIP toilets.

Table 16: Shows the uses of houses the households are having

Uses of houses Frequency Percent Valid Cumulative Percent Percent Valid Residential 624 97.3 98.7 98.7 Commercial 3 .5 .5 99.2 Both commercial and 2 .3 .3 99.5 residential Church 3 .5 .5 100.0 Total 632 98.6 100.0 Missing System 9 1.4 Total 641 100.0 Source: 132kV TL RAP Study, August, 2017

4.15 Annual Sources of Income The study findings indicated that most of the households engages in agriculture, livestock keeping, commerce (petty trading) and seasonal labour wages annually. The variation in percentage of sources of the annual income is as shown in the Figure 17 below.

33.3% 35.0% 30.0% 30.0%

25.0% 20.0% 20.0% 15.0% 10.0% 3.3% 3.3% 3.3% 3.3% 5.0% 0.0%

Figure 17: Shows the source of households’ annual income (Source: 132kV TL RAP Study, August, 2017)

In addition, the study found out that most (59.4%) of the household’s annual net income was less than TShs 500,000 while the least (6.2%) responded that their annual net income was ranging between 2,000,000 - 3,000,000 TShs. Table 17 displays other findings.

Table 17: Shows the net annual income of the households

Annual household net income Freque Percent Valid Percent Cumulative ncy Percent Valid Less than 500,000 325 50.7 59.4 59.4 600,000 -1,000,000 81 12.6 14.8 74.2 1,000,000 -2,000,000 66 10.3 12.1 86.3 2,000,000 -3,000,000 34 5.3 6.2 92.5 3,000,000 and above 41 6.4 7.5 100.0 Total 547 85.3 100.0 Missing System 94 14.7 Total 641 100.0 Source: 132kV TL RAP Study, August, 2017

4.16 Availability and status of social services The study examined the availability and status of social services such as water, energy, education, health, transport, security, market and shops in the villages. Thus, during the socio-economic survey the study findings report that about 98.6% had access to water services while 1.4% had no access to water services. The status of the water quality was moderate by 54%. About 94.5% had access to shops while 5.5% had no access to shops. The status of the quality of shops was moderate by 69%. About 96.3% had access to markets while 3.7% had no access to market services. The status of the markets quality was moderate by 68%. About 94.4% had access to primary schools while 5.6% had no access to primary schools. The status of the quality of primary education was moderate by 62%. About 82.5% had access to secondary schools while 17.5% had no access to secondary schools. The status of the quality of secondary education was moderate by 68%. About 89.7% had access to health services while 10.3% had no access to health services. The status of the quality of health services was moderate by 71%. About 97.8% had access to firewood while 2.2% had no access to firewood. The status of the quality of firewood was good by 42% and moderate by 46%. Of all other social services, the households responded that firewood is the most social service fetched from remote areas than other services. This is evidenced by the fact that about 76.2% of the PAPs responded to have been fetching firewood at a distance of 1- 5km as shown in the table below.

Table 18: Shows the distance a household has to travel for firewood accessibility

Firewood distance Frequency Percent Valid Cumulative Percent Percent Valid less than 29 4.5 4.6 4.6 200m 200m -500m 38 5.9 6.1 10.7 500m -1km 1 .2 .2 10.8 1km -5km 478 74.6 76.2 87.1 5km and 81 12.6 12.9 100.0 above Total 627 97.8 100.0 Missing System 14 2.2 Total 641 100.0 Source: 132kV TL RAP Study, August, 2017

Furthermore, about 88.6% had access to bus transport while 11.4% had no access to bus transport. The status of the quality of bus transport was good by 45%. About 15% had

55 access to police post while 85% had no access to police post. The status of the quality of police services was moderate by 64%. This infers that almost all social amenities were available in the villages except police post which was not accessible in most of the villages.

4.17 Cultural properties During socio-economic survey, the households were interviewed on the availability of cultural properties on their farms that are to be affected by the proposed project facilities (substation, transmission line and switchyard). Thus, the study revealed that about 97% responded NO while 3% responded YES on the availability of cultural properties on their farms, refer Figure 18 below. As such, few households that responded YES on the availability of cultural properties on their farms claimed that about 90% of these cultural properties were graves while 10% were shrines. Therefore, in order for the proposed project facilities to be implemented smoothly, the project proponent has to compensate all cultural properties especially graves by complying with the relevant national legislations such as national graves removal Act No. 9 of 1969 and compensation Act.

Yes No

97%

Figure 18: Shows the response on the availability of cultural properties

(Source: 132kV TL RAP Study, August, 2017)

4.18 Willingness of PAPs to relocate The households were also interviewed on the willingness to relocate from their farms/ plots that might be occupied by the proposed project to other areas either within or outside the village or district. Following the analysis of the findings, it was reported that about 634 (98.9%) respondents were willing to relocate while 7 (1.1%) respondents were not willing to relocate. Refer Table 19 below. The households that were willing to relocate stated that about 97.8% were ready to relocate in the same village, 1.2% households were willing to relocate outside the village while 0.9% were ready to relocate outside the district. In

56 line with these findings, most of the PAPs would relocate within their respective villages. Hence, this gives a clue that the impact of relocation would be considered moderate.

Table 19: Shows the response to the households' willingness to relocate

Willingness to relocate Frequency Percent Valid Percent Cumulative Percent Valid Yes 634 98.9 98.9 98.9 No 7 1.1 1.1 100.0 Total 641 100.0 100.0 Source: 132kV TL RAP Study, August, 2017

4.19 Mode of payment of compensation During household socio-economic survey, PAPs were asked on the mode of payment of compensation that they would prefer most. Thus, the findings reported that 97% of the PAPs preferred cash compensation to in kind compensation which had 3% as shown in Figure 19 below.

In kind 3%

In kind Cash compensatio Cash compensation n 97%

Figure 19: Shows the preference of the mode of payment of compensation

(Source: 132kV TL RAP Study, August, 2017)

4.20 PAPs general comments PAPs were asked for their general comments towards the project implementation and socio-economic impacts of the proposed project. Hence, the study ascertained that about 71.7% of the households/ PAPs stated that they need the power project and recommended that project implementation should commence immediately in order for their villages to be supplied with reliable electricity. On the other hand about 22.3% PAPs recommended that the project proponent (TANESCO) should pay them accordingly so that they can relocate to other areas to pave the way implementation of the proposed project.

4.21 Baseline situation of the affected villages The following section outlines the situation of the villages in terms of population, number of households, available infrastructures, public facilities and available financial institutions.

Table 20: Baseline information of the affected Village

Mazungwe Kazuramimba Kalenge Mlela Kidahwe Population 11,590 25,513 26,073 8,941 16,123 Number of 1,250 3,514 2,100 1,079 1,455 Households Infrastructures There are 1 Primary school There are 5 Primary There are 4 Primary schools The village has 3 Primary There are 3 Primary in the name of Mazungwe schools in the village. in the village namely schools: Mlela, Kataraguza and schools in the village Primary school with 1,115 Bwawani, Bulangamila, Mapinduzi Primary school but namely Kidahwe, Juhudi The village has got pupils. Due to village Kalenge and Majengo has no any secondary school and Kasaba Primary one (1) Secondary geography, the village is Primary School. but sends children to Kandaga school. Also the village school. However, there constructing three (3) other Ward Secondary school. has three (3) Secondary is no vocational The village has got one (1) schools in the sub-villages schools out of which one is training centre in the Secondary school called The Village has no any to tackle the number of government owned village. Kalenge Secondary School vocational training center but pupils at Mazungwe and (Kidahwe Secondary) and having ordinary and has 1 dispensary. The village also to reduce the The Village has one has two village administration two are privately owned advanced levels (Form I – distances pupils walk to (1) dispensary. The buildings namely an office (Mikamba and Iterambogo Form VI). However, there is school. village has 4 village block and a godown. Seminary). However, there no vocational training centre buildings. Library, is no vocational training The village has neither in the village. There is no any prison in the godown, meeting hall centre in the village. Secondary school nor village but depends on Ilagala, and administration The Village has got neither a vocational training centre. Nkuti and Bangwe Prisons for The village has one building. None of these dispensary nor a health In addition, the village has prison services. dispensary with a plan to will be affected by the centre. They are planning to no office building. The build a health centre. The project. construct one. In addition, In the village there is no public construction of dispensary village owns several public the village has no village community buildings or halls. building is ongoing recently The village has got no buildings including 2 administrative building rather However there is one (1) in final touches. prison in the village but godowns and office they are renting CCM market centre. depends on Ilagala, buildings. There is no any prison in building. Nkuti and Bangwe Religiously, the village is rich the village but depends on There is no any prison in Prisons for prison The village has got no prison with 8 churches and 4 Ilagala, Nkuti and Bangwe the village but depends on services. In addition, in the village but depends on mosques. Prisons for prison services. Bangwe Prison for prison

Mazungwe Kazuramimba Kalenge Mlela Kidahwe Police services are there is a Police Ilagala and Bangwe Prisons The village has two (2) services. Police services available at Kazuramimba station in the village. for prison services. In cemetery areas divided are available at Kidahwe about 6km away. addition, there is no Police according to faith. village. Also the village has In the village there is station in the village. In the 3 private public buildings Religiously and cultural one community village there are two (2) and 1 market. properties, the village has 4 building or hall that is market centres namely churches and 2 mosques. used for internal Religiously and culturally, Udumani and Bulangamila Unfortunately there is no meetings. There is the village has 16 churches (Kariakoo). public cemetery in the also one (1) market and 7 mosques. village. People depend on centre. Religiously and culturally, Unfortunately there is no the private or individual the village is rich with over collective public cemetery Religiously, the village grave yard. 15 churches of different faith in the village. Each faith or is rich with 9 churches and 3 mosques. The village dominion has its own and 7 mosques. The has one (1) public cemetery cemetery area. village has one (1) area divided in three areas public cemetery area for Christians, Muslims and divided according to non-Muslims or non- faith. Christians. Public Part of the village has The village has The village has electricity The village has electricity from Part of the village has facilities electricity from TANESCO electricity from from TANESCO though the TANESCO though the low electricity from TANESCO though the low voltage (LV) TANESCO though the low voltage (LV) extensions voltage (LV) extensions are though low voltage (LV) extensions are still very low voltage (LV) are limited and people would very limited. Solar panels are extensions are still needed limited. Solar panels are extensions are limited like more extensions to be also still being used in the to catch more customers. also still being used in the and people would like made in the village. Solar village. Solar panels are also used village. more extensions to be panels are also still being in the village. The village has no tap water made. Solar panels used in the village. The village has no tap but depends on shallow wells The village has tap water are also still being water but depends on The village has tap water and from Mlela and Kidahwe from Mlela water source. used in the village. shallow wells and and about 10 wells out of rivers. No boreholes in the village. boreholes. Underground The village depends them three (3) are all Access to the village is through Access to the village is water can be available if on two (2) deep wells seasonal wells. The village the main trunk (tarmacked) through the main trunk one goes beyond 8m and many shallow also has three water springs. road from Kigoma to Uvinza as (tarmacked) road from underground. wells for water needs. The access to the village is its population is just Kigoma to Uvinza and Access to the village is Access to the village is through the main trunk concentrated along the road. gravel road from Kidahwe through the main trunk through the main trunk (tarmacked) road from to Kasulu. (tarmacked) road from (tarmacked) road from Kigoma to Uvinza as it is Kigoma to Uvinza though Kigoma to Uvinza as it among the main population part of the population are is among the main

Mazungwe Kazuramimba Kalenge Mlela Kidahwe interior part such as population centres centres along the along the Igamba which is about along the along the road. 20km from the main road. road.

Financial The village government has The village The village government has The village government has no The village government has Institutions few financial sources. Apart government has no no any financial sources any financial sources other no any financial sources from the Government (i.e. a any financial sources other than from the than the Government (i.e. a other than from the share from District Council) other than from the Government (i.e. a share share from District Council). Government (i.e. a share the village gets some Government (i.e. a from Uvinza District from Kigoma District However, people in the village donations from lime mining share from District Council). Council). do agriculture, livestock dealers. Council). People in the village do keeping, petty businesses and People in the village do People in the village do People in the village agriculture (maize, beans, employment as sources of agriculture (maize, beans, agriculture, livestock do agriculture (maize, cassava, Sugarcane and revenues in their daily life. cassava, Sugarcane and keeping, petty businesses, beans and cassava), palm trees), livestock palm trees), livestock There are no Banks in the beehive farming and livestock keeping keeping (cattle, goats, keeping (cattle, goats, and village but financial services employment as sources of (cattle, goats, sheep sheep, pigs and chicken), chicken), petty businesses like M-Pesa, Tigo-Pesa and revenues in their daily life. and chicken), petty petty businesses and and employment as village SACCOS are available. businesses and employment as sources of sources of revenues in their There is no Bank in the There are over 11 registered employment as revenues in their daily life. daily life. village but financial SACCOS in the village. sources of revenues in services like M-Pesa, Tigo- There are no Banks in the There are no Banks in the their daily life. Pesa and village SACCOS village but financial services village but financial are available. There are There are no Banks in like M-Pesa, Airtel – Money, services like M-Pesa, Airtel about 4 registered the village but financial Tigo-Pesa and village – Money, Tigo-Pesa and SACCOS in the village one services like M-Pesa, SACCOS are available. village SACCOS are of them being Airtel – Money, Tigo- There are about 31 available. There are about TUKOPESHANE Pesa and village SACCOS in the village out 25 SACCOS and CBOs in SACCOS. NMB Bank is SACCOS are of them 10 are registered. the village. about 25km away. available. There are about 5 SACCOS in the village.

CHAPTER FIVE: STAKEHOLDER ENGAGEMENTS

5.1 Introduction This chapter describes the stakeholder engagement process for the different stages of the RAP study. Early stakeholder engagement helps to manage public expectations concerning the impact of a project and its expected benefits. The consultations provide opportunities for the developer and Project Affected Persons to negotiate compensation packages and eligibility requirements, resettlement assistance, and the timing of resettlement activities.

Public consultation and participation are essential because they provide PAPs with the opportunity to contribute to both the design and implementation of the project activities and reduce the likelihood of conflicts. It also provides room for proposal of feasible mitigation measures by the stakeholders. In the context of resettlement, stakeholder engagement includes both the information exchange (dissemination and consultation), and collaborative forms of decision-making (participation).

Public participation is an on-going process throughout resettlement planning and implementation. The process was initiated during the feasibility and Environmental and Social Impact Assessment (ESIA) phases and continued throughout the preparation of the RAP. The process will further continue during the forthcoming RAP activities and the implementation of the RAP.

5.2 Approach In regard to this project a participatory approach is adopted as an on-going strategy throughout the entire project cycle. A stakeholder Engagement Plan (SEP) was prepared to streamline the stakeholder engagement process in the RAP implementation process. The overarching purpose of the SEP is to ensure regular, timely, accessible and appropriate dissemination of information; and to involve stakeholders in the design of mitigation measures, among others.

5.2.1 The specific objectives of SEP The specific objectives of SEP are to:  Identify the key stakeholders and closely work with them,  Ensure that stakeholders are adequately engaged and involved  Gain better understanding of the needs, concerns and expectations of stakeholders and ensure appropriate management of the same  Obtain the cooperation and participation of the PAPs and communities in activities required to be undertaken for resettlement planning and implementation

 Build and maintain transparent trust based relationships with the stakeholders by having engagements that are held in a free environment prior to the activities and ensure stakeholders are adequately Informed and understand the process  Ensure that easily accessible, convenient and effective complaints and grievance procedure for the Project Affected Persons (PAPs) are established.

5.3 Stakeholder Identification Stakeholders are defined as persons or groups who are directly or indirectly affected by operations of development infringement, as well as those who have an interest in the operations and/or the ability to influence its outcome either positively or negatively.

For this project, purposive methods, review of project reports and expert judgment were used to identify the relevant stakeholders. Magnify is another method that is used to identify the stakeholders. Identification of stakeholders will continue throughout resettlement planning and implementation stages. Stakeholders for this project are mostly categorized into the following groups. Refer Table 21

Table 21: Key stakeholders identified pertaining to this project

S/N Level of Stake Holders Name of Stakeholders 1 National Level  Ministry of Energy and Minerals;  Ministry of Lands, Housing and Human Settlements  Development;  Ministry of Agriculture, Livestock and Fisheries;  Ministry of Finance and Planning  Tanzania Electric Supply Company Limited (TANESCO); 2 Local government  Uvinza District Local Government Authorities; stakeholders  Kigoma District Local Government Authorities;  Ward Administrators,  Village leaders 3 Direct affected communities  All those who reside or derive their living from areas where the project will have a direct impact, often referred to as the Direct Impact Zone (DIZ), consisting of all the project components.  These will include who will be affected by the different project components e.g. 132kV RoW, Substation, Power plant area, switch yard area and access roads etc. 4 Indirect affected  All those who reside near project features or are communities reliant on resources in the project area and will have to change or adjust their livelihoods. For this

S/N Level of Stake Holders Name of Stakeholders project, these include communities living in the villages affected by the power line but they do not own property in the different project components. 5 Civil society/CBO/ NGOs  NGOs/CBOs operating in the project area or with an interest in the project.  Religious Institutions  Traditional institutions etc. 6 Private sector  Contractors  Consultants 7 The Media  Print Media  Radio  Community address systems

5.3.1 Process of the Stakeholder Engagement The different stakeholders were engaged through the following methods:  Public meetings  Individual meetings(during household survey)  Administration of household questionnaire  Focus Group Discussions  The media (newspapers, local and national radio stations to be used during discloser process)  Project status reports  Project brochures or leaflets  Notices in convenient places

Meetings were held in an area that is convenient for the interested parties. The venues were particularly convenient for the affected communities. Venues and times of the meetings for affected communities were selected by the help of local leaders agreed upon with the PAPS with the advice of the village leaders and consideration of the attendance of women and other vulnerable groups. Meetings with the national and local government officials held at their respective offices.

In the meetings, a presentation of the project and its objectives including the activities and processes involved was discussed. Views and concerns of the participants were heed and clarifications provided. Maps and project information brochures or leaflets were used wherever found feasible. Attendance lists was prepared and filled at the ESIA public meetings and at RAP meetings with PAPS participant. Photographs of each meeting were taken during the meetings, project brochures or leaflets translated in the local language Swahili were distributed to the participants especially during RAP and ESIA studies. The stakeholder engagement especially at the local levels used national language Kiswahili.

Figure 20: Public Meeting held at Kidahwe Figure 21: Public Meeting held at Kazuramimba Village Village

5.3.2 Individual PAP Consultations During socio economic Survey 65% of PAPs were personally informed about the project. A detailed explanation on the project and its impacts were sensitively made during PAPs consultations. Projects impacts were discussed in terms of positive and negative/ adverse impacts. Also, PAPs were educated on the alternatives or mitigation measures to control, minimise or avoid the negative impacts and enhancement measures for positive impacts of the project. At the same time land officers, valuers and surveyors from Kigoma and Uvinza district councils were involved during PAPs individual consultations in order to explain the nature of compensation for PAPS to understand well the processes. This is believed to reduce excessive expectations and to realistically frame the potential benefits and impacts of the project.

Figure 22: Meeting with PAPs at Kalenge Village Figure 23: TANESCO officer sensitizing PAPs at Kalenge village

5.4 Stakeholder Engagement Program for RAP Implementation The public consultation process was initiated at the beginning of the project i.e. during the feasibility, ESIA phases and social economic baseline study. Consultation and grievances management will be part of the RAP implementation procedures. The Public Consultation and Disclosure Plan (PCDP) highlights the type of stakeholder, their relevance, mode of engagement, timing and responsible personnel.

5.4.1 The Public Consultation and Disclosure Plan objectives The Public Consultation and Disclosure Plan (PCDP) has the following objectives:  Provide sufficient, balanced, objective, accurate and consistent information to assist stakeholders to understand the project.  Obtain feedback from stakeholders on project related issues.  Work directly with stakeholders throughout the process to ensure that their concerns and needs are consistently understood and considered.  Partner with the stakeholders in the implementation of resettlement activities.  Create an enabling environment through which the project will smoothly operate in friendly co-existence with other stakeholders.

A timetable of communication activities was prepared at the beginning of socioeconomic survey and at the time table will be prepared at the beginning of RAP implementation. The dates for the engagements will be confirmed with the different stakeholders. Notices for the meetings need to be provided at least 2 week before the meeting to allow for mobilization of the stakeholders.

Information will be disseminated to the relevant stakeholders through one-on-one meetings and village meetings, the media and project brochures, etc. Convenient and practical mode of engagement for each type of stakeholders will be adopted. In regard to reporting, all proceedings of the meetings will be recorded, attendance lists signed and pictures of the meetings taken. Stakeholder reports will be prepared and will be part of the project reporting.

The project status reports, stakeholder engagement reports, grievance management reports, RAP reports and any other relevant reports related to land acquisition and resettlement will be kept by TANESCO and disseminated to the relevant stakeholders through appropriate channels for each category of stakeholder.

Table 22: Stakeholders Concerns, Views and Responses

Table Name of Comments/ concerns raised Remarks/ Responses Stakeholder RC - Kigoma  Land acquisition should be done according to the  Land acquisition shall be done as per relevant national legislations national legislations and AfDB policy on  Avoid delaying of compensations involuntary resettlement  Make sure sensitization meetings are done to the  TANESCO will pay compensation promptly project affected people before land acquisition however after being approved by the Chief processes Government Valuer and relevant authorities  During land acquisition process make sure village (RC, DC, Authorized Land Officer, WEO) leaders are involved effectively in order to solve  Sensitization meetings were held during some disputes at village level Resettlement Action Plan and ESIA studies and will continue through RAP implementation and project life cycle  Local leaders shall be involved in all RAP implementation DED Kigoma District  Land is expensive we advise the developer to  Compensation will be made according to Council compensate it accordingly Government Chief Valuer’s approval  Developer should avoid delaying the  TANESCO shall pay compensation upon compensation payments satisfaction that the PAPs are genuine  Awareness creation is important for the people  Awareness and sensitization meetings were affected by project conducted and will continue throughout the  Education and awareness raising on project RAP implementation impacts should be given a priority  All compensation claims and grievances  The previous TANESCO project raised many shall be addressed accordingly, claims and disturbances so please correct that for this project  The Kidahwe Substation site survey will be done by Kigoma District Council  The project area should have drawing and certificate of land occupancy

Table Name of Comments/ concerns raised Remarks/ Responses Stakeholder  Education on public health and safety should be  Noted considered DED Uvinza District  We are aware of the project as we have been  Noted Council receiving some of TANESCO staff for the same project and we are grateful for this project as Kigoma will be connected to the national grid  Land acquisition process should consider  All relevant laws shall be considered during national laws land acquisition processes including the AfDB safeguard Policies  Pay compensation to affected institutions, PAPS and individuals  TANESCO pays compensation according to  Compensation should be fair and done timely approved values by Chief Government Valuer  All grievance to raise after compensation should be addressed accordingly  Grievance Resettlement Committee are  Collaborate with ward and village officials to formed at village level and TANESCO shall solve all disputes that might raise after land have special Unit to address all disputes acquisition processes  Stakeholder engagement Plan covers  Consult some NGO’s like Jane Goodall which are consultation of all potential stakeholders working on forest conservation and protection of including public and local non-governmental wildlife particularly Chimpanzees organizations and CBOs

District Commissioner  The project is of national importance we accept  TANESCO pays compensation according to Uvinza and need it but make sure all project affected approved valuation report by Chief people are compensated as per national laws Government Valuer  Community is aware of the TANESCO projects.  Noted They don’t have problem so long you compensate the PAPs on time.  Further sensitization meetings shall be done during RAP and the project implementation  We have made some sensitization meetings on the same project so whenever you are facing any  Sensitization meetings and RAP disclosure challenge lets be in touch will highlight PAPs on their compensation

Table Name of Comments/ concerns raised Remarks/ Responses Stakeholder  All project affected people should be educated eligibility and that all affected household about their rights before land acquisition process interviews will determine the type of is done assistance needed to ensure the rights are protected. Jane Goodall Institute  TANESCO needs to do more for water catchment  TANESCO will work with Lake Tanganyika (JGI) areas protection for the sustainability of the Basin Water Office to protect the catchment. project  Support conservation efforts in your endeavour  The project will collaborate with other  Fire is an environmental problem in the project stakeholders to reduce deforestation and area; however, for miombo woodland yearly fires conservation of Malagarasi catchment. are better than when there is no fire for many  The project will concentrate on one side of years. the river and prevent people to cross to the other side of the river to protect Masito Forest Reserve.  TANESCO and the Contractor shall prevent bush fires during the implementation of the proposed project.  The project team will regularly consult with JGI for advice so as to assist the effort of conservation whenever possible.

Lake Tanganyika  Conduct a detailed study on the impacts of the  EIA study will highlight environmental and Water Basin Office project to downstream water users social impacts and proposed mitigation  Compensation of properties should be fair and measures transparent to minimize conflicts  Compensation shall be effected after the  Make sure households found within the project same has been approved by the Chief areas are compensated as per relevant national Government Valuer legislations

Table Name of Comments/ concerns raised Remarks/ Responses Stakeholder  Pastoralists have invaded Uvinza with a good  Compensation of properties shall be number of cattle, thus destroy river source and effected accordingly consume a lot of water.  Population increase along the river and human  TANESCO will work with other stakeholders activities increased if measures will not be taken to make sure water catchment area are Malagarasi river performance will fail. protected for sustainable river flow Kigoma Regional  Take care of conservation aspects  Measures will be in place to ensure values Natural Resources  Camp site should minimize interaction with and norms of the local communities are Officer communities to maintain norms and values of the protected people  Land acquisition should be confined within the  Land will be acquired for project purpose project area and TL RoW only i.e. areas that covers project facilities with sufficient buffer zone

TANROADS – Kigoma  TANESCO should do valuation of properties for  Compensation of properties shall be Office all areas designed for project to avoid land effected accordingly conflicts.  Consider road regulations on seating of your  Road regulations shall be adhered to facilities (road reserve of 30 metres from the centre of road) including transportation of heavy and wide equipment and construction materials

Belgium Technical  We are a bit concerned about ways that  Land shall be acquired following the Cooperation (BTC) TANESCO shall use to acquire land from land Tanzanian national land laws and owners regulations complemented by the African Development Bank Policies on Land  Wants to know which strategies are to be used by acquisition and involuntary resettlement (OS TANESCO to compensate all properties to be 2) affected by the proposed project

Table Name of Comments/ concerns raised Remarks/ Responses Stakeholder  Ensure the biodiversity of the project area is  TANESCO will ensure maximum PAPs conserved participation and transparency in the whole exercise valuation, compensation and resettlement  Sensitization programs shall be conducted in collaboration with other stakeholders

PAPs and Village  It is important that the project involves the village  Village leaders and the public will be leaders in Kidahwe government in every step of the RAP involved in every step of RAP village implementation in Kidahwe area implementation including valuation of  Compensation should be fair and all people with properties and compensation affected properties should be compensated fairly  Compensation will be paid following the  Compensation process should be transparent to approval by Chief Government Valuer. All minimize complains and conflicts and enough arising grievances will be addressed time should be given for people to prepare for  Sufficient time will be given in advance valuation exercise to enable very PAP to participate in the exercise himself /herself before valuation exercise begins  Awareness programmes should cover HIV/AIDs,  Compensation of properties shall be made entrepreneurship and utilizing the project according the national laws opportunities.  The project will implement awareness  Project should assist the village projects including programmes on HIV/AIDS, health and construction of village dispensary and water safety, child labour and utilization of project economic opportunities brought by the  Wanted to know what will be done with graves in project their properties.  The project will prepare a livelihood  Wanted the PAPs to negotiate with the project restoration programme on which every the price of the land and other properties affected village will advise on the type of considered for compensation. project to be implemented (dispensary,

Table Name of Comments/ concerns raised Remarks/ Responses Stakeholder  Wanted to know if the PAP is not known at the school classrooms, water, etc.) depending moment what is going to happen. Lose his/her on the availability of funds property?  Graves found in the way leave will be  Some PAPs do not have the Identity Cards what compensated and removed by health will be the procedures in the compensation officials payment/  Normal village identification procedures will

be used during the compensation time. However, compensation will not be given to anybody unless he/she is identified to be the  Wanted to know if the project has taken a large owner of the property portion of the land and left with a small piece will  The Valuer will use a applicable valuation TANESCO pay compensation for the whole piece laws and common sense to decide whether of land or will allow PAP to utilize it? the remaining part is supposed to be included in the compensation PAP in Mazungwe and  Compensation should be fair and done timely  Compensation process shall be done Village leaders  There are several PAPs who were not paid transparently following the laid down compensation by the previous project. Please procedures as per Land Act and Land consider them to avoid conflict with land owners Regulations  The valuer for the previous project used abusive/  Compensation will be paid following the inappropriate language so we caution the district approval by Chief Government Valuer. All council to use another one. grievances will be addressed including  We ask the project to help on construction of those people who were not paid. secondary school, dispensary, village office and  The project will prepare a livelihood water project as agreed by TANESCO and restoration programme on which agreed project financiers projects will be implemented (dispensary, school classrooms, water, etc.) depending on the availability of funds.

Table Name of Comments/ concerns raised Remarks/ Responses Stakeholder  PAPs Wanted to know if the project finds crops in  The project will give notice before the compensated area will they allowed to construction begins to allow those with harvest. crops to harvest.  Igamba PAPs wanted to know if they will be  The mode of operation of the dam and allowed to continue fishing after the construction project site will be determined after studying of the project. the area and risks involved Kazuramimba village in  Most of people owns land parcels of one acre in  The project is intending to take only 26m Kazuramimba Ward the village and if project is to take 26m corridor that width wayleave corridor so other situations means most of our farms will be small pieces so shall be analysed by the valuer we are requesting valuer to check the situation of PAPs to be compensated the whole acre because  Compensation will be paid following the the remaining parcels will be useless approval by Chief Government Valuer. All grievances will be addressed including  Compensation should be fair according to kind of properties affected by the project and should be those people who were not paid. prompt  The project will prepare a livelihood  We need the village to benefit from the project by restoration programme on which every helping village projects like completion of affected village will advise on the type of dispensary buildings, girls’ dormitories, village project to be implemented (dispensary, water project, Advanced level secondary school, school classrooms, water, etc.) depending Vocational Training College (VETA) and irrigation on the availability of funds project.  Sensitisation programmes will be prepared  The village does not have a health centre and and implemented on the issues of about 80 women give birth every month, so the project should help with a labour room HIV/AIDS, health and safety, utilization of economic opportunities, etc. during the project implementation.

Table Name of Comments/ concerns raised Remarks/ Responses Stakeholder  Wanted to know whether the project will follow  The contractor will be advised to hire project the route which was compensated or a new way affected persons as one way of livelihood leave restoration measures  PAPs wanted to know what a market price  The project will take a new route from means Mazungwe to Kidahwe of 26m wide that will  In Kazuramimba it is not possible to sell a land go parallel with proposed 400kV smaller than an acre. So if the project takes my transmission line to Mpanda and 132kV line land and I remain with a piece of land less than to Tabora an acre how am I going to sell the remaining portion? Hence the project should take the whole  A market price is a price of a commodity in acre. the market at that particular time and place.  The Valuer will advise on the remaining piece of land whether to compensate or to leave it to PAP for other uses.

Mlela village in  Compensation should be fair and paid promptly  Compensation will be paid following the Kandaga Ward approval by Chief Government Valuer and other relevant authorities.

 These are two separate projects. However  Some PAPs of the previous projects have never been compensated, this will create problem with all grievances for this proposed project will the new project. be addressed  Sensitisation programmes will be implemented on the issues of RAP, health  Project should help for our village school we have shortage of three class room at primary school and safety, utilization of economic opportunities, HIV/AIDS, etc. during the project implementation.

Table Name of Comments/ concerns raised Remarks/ Responses Stakeholder  Compensation processes should be transparent  The project will prepare a livelihood to minimize or avoid conflicts with the project restoration programme on which every affected village will advise on the type of project to be implemented (dispensary, school classrooms, water, etc.) depending  The village suffer water shortage, if possible on the availability of funds project should help on water supply and distribution.  Compensation process shall be done transparently following the laid down procedures as per Land Act and Land  Provide employments to PAPs in the village as a Regulations priority  The contractor will be advised to hire local people for specific tasks e.g. labours need

to be hired from the village

Kalenge village in  Land is livelihood. What will happen if the line  Compensation will be only for the lost Kandaga Ward crosses at the middle of someone’s farm? What properties including land. This proposed will the compensation entitlements be? RAP will propose the entilements  Kalenge Villager does not know the market price  Land valuer will sensitive the village on the of land in the village. How will rights of this market price of land in the village villager be ensured  Compensation process shall be done  Compensation should be fair and prompt transparently following the laid down  The previous compensation had many problems procedures as per Land Act and Land and some have not been paid up to now. Ensure Regulations that for this project those mistakes are corrected  There will be a grievance mechanism in  Will the empty land be compensated? which all grievances will be addressed

Table Name of Comments/ concerns raised Remarks/ Responses Stakeholder  How will the project help me to get another farm if  When you receive compensation money I lose the one I have? please go and get the new farm and not  How will banana plant be compensated? misuse the money.  Land valuer will hold sensitization meetings  How will compensation for palm trees be? in which all those questions regarding  How will the land compensation be? Will it be the valuation work shall be answered same or will differ from potentiality and feltility?

Mikamba Secondary  During land acquisition we would like our team to  The land acquisition process shall involve all School in Kidahwe be involved affected parties Ward – Project  Demarcation of the project boundaries should be  TANESCO shall install beacons at the neighbour clear in order to avoid unnecessary land conflicts boundaries of the acquired land  The compensation of properties to be affected by  The compensation of properties shall be the project should be made in a transparent way effected after the same has been approved the Chief Government Valuer  The substation area has been located away from school area

CHAPTER SIX: POTENTIAL IMPACTS 6.1 Loss of Land The construction of the proposed transmission line, hydropower plant and substation will lead to the permanent loss of a relatively limited amount of agricultural land. The total loss of agricultural land will be confined within the wayleave corridor of 20m from Malagarasi to Mazungwe (20km) and 26m way leave corridor from Mazungwe to Kidahwe (33km) and the hydropower plant and substation areas. It is expected that about 276 hectors (126 hectors for transmission line, 150 hectors for Substation) will be taken permanently for the establishment of the facilities of proposed project. This impact is considered negative, long term but low to medium because the project affected persons or institutions shall be compensated as per national land acquisition regulations.

6.2 Change of land uses The acquisition of community and individual lands at Mazungwe, Kazuramimba, Kalenge, Mlela and Kidahwe villages for construction of the proposed project will lead to total change of land uses. The construction of transmission line, substation, and hydropower plant on the lands that were previously used for agricultural, grazing and general forest purposes shall permanently change as it will be occupied by the project facilities. Also, village land reserved at Mazungwe would be traversed by the transmission line hence clearance of vegetation, habitats and loss of biodiversity. This impact is considered negative, long term and local in terms of spatial distribution.

6.3 Loss of Crops and Trees Annual crops: The construction of the proposed transmission line and substation could involve the loss of annual crops in the corridor for Transmission Line and on land used for accessing construction areas and substation areas. The actual loss will, however, depend on the effectiveness of prior notification that TANESCO undertake to advise potentially affected people about the start of construction activities. Prior notification will enable those affected to refrain from planting crops or to harvest already planted crops before they are damaged by construction works. With good planning it will also be possible to schedule construction activities so that most activity takes place in the dry season when the cultivation of crops is minimal. Fruit trees and other valuable plants: Due to the need to minimise the risk of electrical discharges, tall trees cannot be left standing in the corridor for Transmission Line. Thus, both fruit trees and other types of trees will have to be removed prior to construction of the proposed transmission line and other project facilities.

6.4 Loss of building structures During acquisition of 20m wayleave corridor from Malagarasi to Mazungwe about 17 PAPs with structures were compensated. Among these 3 were community building structures (churches) which some have already been demolished to pave a way for

76 the construction of the proposed transmission line to commence. However, 17 other structures have the claims of compensation. These structures will be lost because they are found within the wayleave corridor. While others have already demolished, some have not yet demolished waiting for their grievances to be redressed accordingly.

Further, the wayleave corridor from Mazungwe to Kidahwe with 26m width i.e.13m from either side of the centreline is free from house structures. The acquisition of this route with length of 33km was not found with any building structure because during preliminary route selection a lot of efforts were done to avoid involuntary resettlement and ensure that the project will be cost-effective and have minor impacts on the residential and community structures. This impact is considered negative, irreversible, long term and significant.

6.5 Loss of livelihoods It is anticipated that all income generating and socio-economic activities to be found within the way leave corridor, substation, power plant site and access road areas shall be permanently ceased and forced to be executed adjacent or completely outside the project areas. The transformation of these activities particularly farming from the original areas to outside the project areas may cause loss of livelihoods to some PAPs for certain period of time. Economic activities particularly farming, grazing, bee keeping and fishing may slightly be affected. Therefore, disturbance of these activities due to construction and operation of the proposed project might lead to loss of PAPs livelihoods. This impact is considered negative, reversible and low to medium because the proposed project shall have livelihood restoration programmes to all villages affected by the project, the land parcels to be taken are small and most PAPs have other farms somewhere else in the village. Apart from compensation, the project shall have the package of Corporate Social Responsibility for assisting various socio- economic issues in the villages.

6.6 Community displacement Resettlement of households from their areas that are occupied by the proposed project might lead to displacement of communities. It could be possible that some group of families that are blood related after acquisition of their lands could find land far from the villages that might force them to separate from the village. Also the acquisition of land might cause intense impacts to vulnerable groups such as children, women, widows, orphans and disabled groups. The impact on community displacement is considered to be low, reversible and insignificant.

6.7 Increase in risks of food insecurity and loss of income The proposed project is expected to be executed on the land size of about 276 hectors of which approximately 75% of this land is utilized for farming activities. The acquisition of this land will lead to farm loss and disturb farmlands. This consequently poses the

77 risks of food insecurity for some families as crops such as cassava takes 18months to 24 months to be ready for harvest. The loss of perennial crops such as palm and fruits trees apart from risking food security, some families may lose regular income they used to get from sale of palm fruits and other fruits since palm tree require not less than 3 years from planting to start harvesting the fruit. This impact is regarded as low to medium and with medium significance because the proposed transmission line will only affect the wayelave corridor of 20m from Malagarasi to Mazungwe segment and 26m from Mazungwe to Kidahwe segment and the hydropower plant. In addition, compensation will be paid for the lost crops.

A. Cassava farmland B. Palm farmland

Figure 24: Shows Cassava farmland in the Wayleave Figure 25: shows the Palm trees corridor

6.8 Increase in risks of family disintegration Experience from other previous projects ascertain that some household heads after getting paid their compensations tend to leave the family or even add number of wives. This is always a case particularly when the project is constructed in villages compared to one executed in urban areas. As one of the mitigation measures to minimise the severity of this impact, it is suggested that money for compensation shall be effected after the affected families and individuals are sensitized on perfect ways to use compensation moneys. Also, compensation in kind shall be an alternative in some cases. This impact is considered negative, low and insignificant as those cases are expected to be very few.

6.9 Price inflation for goods and services Compensation of project affected persons sometimes causes change in prices of social amenities in the villages. It is experienced that price of land will hike after project affected persons are paid and costs of other socio-economic services in the villages will rise abruptly because of over-expectation that rural communities have on amount of cash paid to the project affected persons. This impact will be regarded both negative and positive. It will be considered negative to the PAPs because they will utilize huge amount of money to buy pieces of land which they have to replace the lost land while

78 those who will be selling their lands will take it as positive return of the project. The impact has low to medium significance to individual PAPs.

6.10 Social Disruption and Conflicts Project employees who will stay longer period in the project sites without breaks and the company of spouses may be compelled to establish sexual relationships with local women/girls and consequently result into social conflicts. Competition for employment opportunities may also arise hence result into conflict. The overall impact is Low to Medium Negative.

6.11 Spread of HIV, AIDS and Other STDs It is expected that during project mobilization, construction and operation phases, there will be social interactions that might lead to increase in spread of communicable diseases such as HIV/AIDS and other STDS. This impact is expected to be negative and medium to high significance. However, regular sensitizations and awareness to workers and communities shall be conducted by TANESCO team in collaboration with local NGOs and local government of the respective project areas, condoms will be distributed. 6.12 Increase of land conflicts The acquisition of the transmission line route, substation and switch yard areas might cause increase in risks of land and land use conflicts among different land users in the villages. The loss of lands to the proposed project could leave some households landless, consequently the affected households might invade village land reserves, grazing lands, catchment areas and community forest reserves for residential and farming purposes. The invasion of these lands could sear eruption of land and land use conflicts. However, the impact will be negative with low to medium significance.

6.13 Impacts on vulnerable groups Vulnerable groups such as women headed families, widows, orphans and disabled groups might be affected by the land loss impacts. Therefore, specific mitigation measures, such as prioritizing vulnerable local people for job opportunities and procurement, participation of able members of these vulnerable households to work, leaving them the use of cut trees, salvage material from displaced houses or other structures (houses, shelters, etc.), could help these economically vulnerable households to reduce the severity of the impacts.

6.14 Impacts on women Project impacts on women will primarily be felt during the land acquisition, compensation and construction phase. They are related to the fact that women are primarily responsible for field work and crops’ production. The project will increase the vulnerability of women, since women do not own land. This makes women’s situation unfavourable since men control resources such as land and other important assets.

Due to limited ownership and access to resources, women play a very minor role in the decision-making process. This situation increases the risk for women, that men may tend to use compensation for purposes other than those for which they are dedicated (reconstruction, acquisition of land, amounts allocated to the compensation) instead they may leave their families. This impact is considered low to medium and long term.

6.15 Loss of cultural properties During route assessment about 1 grave yard was found within the wayleave corridor. In order to acquire the corridor, all graves found within the way leave corridor and other proposed project areas shall be compensated following the national legislations particularly Graves Removal Act No. 9 of 1969. The relocation of these graves if not agreed and compensated might lead to cultural misunderstandings toward the proposed project. The impact is considered low, insignificant and irreversible.

6.16 Cumulative Impacts The acquisition of land and compensation of the acquired land for the construction of the proposed project would have the following cumulative impacts:  Loss of cultivated areas in the villages  Loss of crops and trees  Loss of farmlands  Increase demands on resources and services in the Uvinza and Kigoma district councils in particular with the:  Malagarasi hydroelectric plant  Construction of the 132kV TL from Malagarasi to Kidahwe  Construction of Kidahwe 400/132/33kV substation The high demand on local resources and manpower can lead to:  Price inflation for goods and services  Influx of population attracted by jobs and potential commercial activities in the area  Eruption of social security issues, safety and occupational health issues Increased urbanization of the villages close to the project area that might result to many negative impacts Increased cases HIV/AIDS with related impacts.

CHAPTER SEVEN: INSTITUTIONAL AND ORGANISATIONAL FRAMEWORK

7.1 Relevant Organisations and Institutions In Tanzania there is no single agency that holds the mandate for planning and implementing the resettlement and ensuring that equitable compensation is provided in cases where people are involuntarily displaced for development projects. However, there are mechanisms and processes where the rights of PAPs are protected. Typically, the developer, the office of Chief Government Valuer, Regional and District Commissioners’ offices and the Office of the District Executive Director have bigger roles to play in the whole process of resettlement. The developer, in this case TANESCO, has a responsibility to facilitate the process and ensuring that compensation and resettlement is done promptly.

In the case of the proposed project i.e. hydropower, transmission line project and substation, the key institutions that will be involved in the resettlement planning and implementation will be:  TANESCO (project proponent);  The Ministry of Lands, Housing and Human Settlements Development (Land issues and approval of compensation rates and compensation schedules (Chief Government Valuer));  Regional and District Commissioners’ Offices (for endorsement of the compensation schedules and grievance redress);  Uvinza and Kigoma District Councils (oversee the land interest in the village, land use plans, collaborate with TANESCO in valuation, approval of rates, valuation report, compensation and grievances resolution);  Local authorities (i.e. ward and village leaders); and  Project financiers to give no objection to the RAP

7.1.1 Tanzania Electric Supply Company Limited (TANESCO) TANESCO is a parastatal organisation responsible for generation, transmission, distribution and sale of electricity within mainland Tanzania and the sale of bulk power to the island of Zanzibar. The company also buys power from Independent Power Producers. TANESCO intends to develop Malagarasi hydropower plant and evacuate power from Malagarasi to Kidahwe substation through the 132kV transmission line. Also will construct the 400/132/33kV substation at Kidahwe Kigoma.

In this project, it will facilitate RAP preparations, disclosure and implementation of RAP following the approval of compensation schedules by all relevant authorities it will prepare and pay compensation to all PAPs and implement all the livelihood restoration measures as agreed in the RAP. Further, it will cooperate with other stakeholders to receive and redress all grievances by the RAP.

TANESCO has an Investment Division under the Deputy Managing Director (DMD-I)

81 which will be responsible on behalf of TANESCO to execute the RAP activities. Under the DMD-I there will be Research & Environment and Project Department which will deal with the proposed project beginning with planning of the project, management of environmental and social issues related to the project and will be responsible for construction before handing over to Generation Division. Hence, DMD-I will play an important role in the implementation of resettlement and compensation measures described in this RAP report.

7.1.2 Ministry of Land, Housing and Human Settlements Development The Ministry of Land, Housing and Human Settlements Development is responsible for ensuring that land policies and regulations are followed, and for coordinating all matters pertaining to land in Tanzania. The Minister administers the Land Acquisition Act, the Land Act No. 4 of 1999 and the Village Land Act No.5 of 1999. The Commissioner of Lands administers issues relating to land allocation, acquisition, registration and land management in general. All projects involving acquisition of land for public purposes and the need for resettlement and/or compensation must be referred to the Commissioner. The Chief Government Valuer will also approve the valuation rates to be used in compensation of this project.

7.1.3 Regional and District Commissioners’ Office In the Land Regulations, the Regional and District Commissioners Offices are responsible for endorsing the compensation schedules. Without their endorsements the compensation schedules will not be complete. In addition, these office will be responsible to resolve any disputes and grievances that may arise from implementation of the RAP. This project is located in Uvinza and Kigoma Districts in Kigoma Regions. Hence District Commissioners of Uvinza and Kigoma and Kigoma Regional Commissioners will have a role to play in the implementation of this RAP.

7.1.4 District Authorities District Executive Directors or Municipal Directors administer the districts and coordinate all district and municipal activities and projects. At the district level there are land officers who are responsible for land management, including resettlement and compensation issues. In addition there are district valuer who works on behalf of the Chief Government Valuer.

The project is in two District Councils namely Uvinza and Kigoma. Land Officers, Valuers and Surveyors will be responsible in this project for demarcation, valuation works, and implementation of RAP including the grievance resolution of aggrieved PAPs.

Districts also consist of a number of wards and villages administered by ward and village councils which are led by ward and village executive officers. The wards and villages are responsible for overseeing and monitoring development activities in their

82 areas. The proposed project is in three Wards namely Kazuramimba, Kandaga and Kidahwe. Villages are Mazungwe, Kazuramimba, Kalenge, Mlela and Kidahwe. These wards and villages will collaborate with TANESCO and their district councils in PAP identification, property valuation, compensation payment, grievance resolution of aggrieved parties and RAP implementation in general.

7.2 Institutional Arrangements In this section, a resettlement organisation is proposed for the Malagarasi Hydropower Project and its facilities, 400/132/33kV substation and 132kV TL from Malagarasi to Kigoma Substation. These include three main groups / committees:  Village Resettlement Committee  Ward resettlement and Compensation Committee;  District Resettlement Committee.  TANESCO Resettlement and Compensation Management Unit; and  Regional Resettlement Committee

7.2.1 Village Resettlement and Compensation Committee There will be a Resettlement Committees in all villages (VRCC) that are traversed by the proposed transmission line and substation project. These committees have been formulated during RAP study. Five (5) to twelve (12) members in every village affected by the project depending on the size of the village were selected during PAPs meeting. Among these members, Village Executive Officer and Village Chairperson were included because of their administrative positions in the villages. Also among the criteria considered during selection of the Village Resettlement Committee were;  Every member of the committee must be among those affected by the project  A member of committee must be knowledge of the project area particularly history of land ownership, boundaries, change of ownership, etc;  A member of committee must be knowledgeable and able to settle disputes  At least three of the members must be women for gender balance and equality  Chairperson of the sub-villages (vitongoji) traversed by the proposed project must be included in the committee.

Table 23: Number of Village Resettlement and Compensation Committee Members

S/N Village Number of Committee Members 1 Igamba 5 2 Mazungwe 5 3 Kazuramimba 12 4 Kalenge 10 5 Mlela 8 6 Kidahwe 8

7.2.2 Ward Resettlement and Compensation Committee Wards represent the second lowest levels of government and are responsible for overseeing and monitoring development activities in their area. The ward level must therefore be involved in resettlement activities. It is proposed that each affected Ward form a Ward Resettlement and Compensation Committee (WRCC) that will have the following tasks and functions:  Represent the interests of the ward and the PAP;  Facilitate communication between the developer and the PAP;  Prepare prioritised lists of PAP for employment on the proposed project ;  Collect additional and necessary information regarding potential impacts and PAP;  Participate in consultation processes prior to, during and after implementation of the RAP;  Monitor and evaluate the resettlement and compensation process in their wards; and  Function as the lowest level in the proposed grievance redress structure

It is proposed that the WRCC be headed by the ward executive officer and composed of the village executive officers of the affected villages in the ward. There should also be at least one representative on each WRCC for the affected households in the ward.

7.2.3 District Resettlement and Compensation Committee It is proposed to have a District Resettlement and Compensation Committee headed by District Executive Director. The committee will comprise of DED, Land Officer, Valuer, and Ward Executive Officers of affected wards, Chairperson of the Village Compensation Committee and one representative of households from each village. The District Resettlement and Compensation Committee (DRCC) will have the following tasks and functions:  To review the referred cases from WRCC  To assist in the resolution of grievances in collaboration with other committees  Facilitate communication between the developer and other committees under the district;  Monitor and evaluate the resettlement and compensation process in the District; and

7.2.4 TANESCO Resettlement and Compensation Management Unit It is proposed that TANESCO as the developer form a group within its organisation that will be responsible for managing the valuation process and compensation activities. A tentative name for such a group would be Resettlement and Compensation Management Unit (RCMU). The RCMU will be headed by a senior individual, e.g. the project manager, that will have the authority to make decisions regarding practical arrangements and issues related to award and payment of cash compensation. The RCMU should draw on staff from the financial and technical

84 departments and sections of TANESCO. The RCMU will meet on a regular basis to review the progress of the resettlement and compensation process. It is advisable that the RCMU has some experience with valuation, resettlement and compensation payment. The RCMU will be responsible for implementing this RAP and its specific responsibilities will include:  Management of the resettlement and compensation process;  Completion of the additional / supplementary asset and valuation surveys needed to identify all PAPs and their assets within the transmission line corridor, substation site and hydropower site;  In collaboration with DRCC review the grievances  Development of detailed plans for the resettlement and compensation process in close cooperation with the DRCCs, WRCCs and VRCCs;  Development of resettlement and compensation budgets; and  Development of a resettlement and compensation monitoring program.

7.2.5 Regional Resettlement and Compensation Committee It is recommended that the RCMU be supported by a higher level Resettlement Committee to be known as Regional Resettlement and Compensation Committee (RRCC) that can give direction and guidance to TANESCO RCMU and other Committees in the region when required to safeguard the interest of both Government and the PAPs. A tentative composition of the RRCC could be:  The Regional Commissioner of Kigoma representing the central government and heading the RRCC;  A senior representatives from the developer’s side, the TANESCO Kigoma Regional Manager, Project Coordinator Malagarasi Project, and Senior Manager Research; and  The District Executive Directors from Uvinza and Kigoma District Councils Districts  District Commissioners from Uvinza and Kigoma Districts  Representative from Chief Government Valuer’s Office

The RRCC will meet only if major resettlement and compensation policy issues need to be resolved during the resettlement process and when the issues have failed to be resolved by lower committees.

7.3 Compensation and Resettlement The Tanzanian regulations for resettlement and compensations are laid down in the Land Act. The international principles (AfDB- OS 2) applied in involuntary resettlement is that the affected people shall be compensated equally with the value of the lost land and property not to be impoverished by the project but to be better off. This principle has to be applied to other affected people other than the formal landowner or property owners within the limit of the law.

The preparation of the RAP has demanded extensive public consultation and participation of PAPs and stakeholders in the whole process. The resettlement has considered the following important aspects in the Plan:  Plan for in-kind compensation for public structures and identified critical vulnerable people.  Plan for cash compensation for housing structures, properties, lands and crops to identified PAPs found in the project areas.  Deliberate measures to avoid/minimise resettlement.  Participation of stakeholders including the PAPs in the project life cycle.  Full, fair and timely compensation of Project Affected People (PAPs).  Provision of relocation assistance and social assistance for vulnerable persons.  Restoration and improvement of livelihoods.

The guidelines stipulate that affected parties are eligible to compensation or assistance regardless of legal recognition of their right of occupancy. Whereas the difference between the AfDB principles and the National legislation regarding compensation is big, the RAP has recommended measures to bridge them. Under AfDB policy, the persons who qualify for compensation are; titled landowners, customary landowners, people affected by loss of access sources of income and people affected by loss of access to natural resources.

CHAPTER EIGHT: GRIEVANCE MECHANISMS 8.1 Background to Grievance Mechanism This Chapter describes path through which PAPs can follow for complaints/grievances related to land acquisition and compensation. It describes stages and procedures to be followed during grievance management. Therefore, PAPs will have to be informed about various grievance redress procedures and of their right to appeal if not satisfied.

Section 13 (1) of the Tanzania Land Acquisition Act 1967 provides for resolution of dispute or disagreements regarding any land that is acquired. The Act elaborates disputes and stipulates the timeframe (six weeks) for resolving them before the aggrieved party can institute a suit in a court of law for resolution. The Land Act 1999 and supporting regulations improves Section 13(1) of the Land Acquisition Act by establishing Land Tribunals at the Ward and District levels. If not satisfied with decisions of the Land Tribunal, the aggrieved party is obliged to take the matter to the court. If the local courts and/or the Land Tribunals cannot settle the matter, the matter will go to the High Court for resolution. The High Court of Tanzania and Court of Appeal is the highest appellate “judge” in this system and its decision would be final.

The procedures for compensation dispute resolution prescribed by the Land Acts are burdensome and costly, taking into account that most of the PAPs have limited knowledge about legal issues and their rights with respect to the laws. Thus, cost free and accessible grievance resolution mechanisms have to be established to resolve complaints arising as a result of project implementation.

The AfDB’s OS # 2 highlights the need to work with informally constituted local committees made up of representatives from key stakeholder groups and, in particular, vulnerable communities to establish a culturally appropriate and accessible grievance and redress mechanism to resolve, in an impartial and timely manner, any disputes arising from the resettlement process and compensation procedures. Also WB OP4.12 Para 13(a) requires that appropriate and accessible grievance mechanisms are established to resolve disputes in connection with resettlement and compensation.

During the implementation of the project activities it is possible that disputes/disagreements between the project developer and the affected persons will occur. Grievances may arise from members of communities who are dissatisfied with the eligibility criteria, resettlement measures, compensation packages/rates and ownership of property, etc. Other grievances may include family issues like death of eligible PAPs and thus disputes between heirs and other family members, divorce/separation of spouses and missing PAPs on the register among others. It is therefore necessary to establish channels through which aggrieved people can file their complaints so as to ensure successful project development and implementation.

This grievance procedure will not replace existing legal processes in Tanzania but rather it will seek to resolve issues quickly so as to accelerate receipt of entitlements and smooth resettlement without resorting to expensive and time consuming legal processes.

The TANESCO Resettlement and Compensation Management Unit (RCMU) will ensure the Project grievance mechanism:  Is understood by stakeholders;  Is easily accessible, including special measures for vulnerable persons;  Is culturally and locally appropriate;  Is considered fair by stakeholders;  Is cost free;  Is restitution free;  Is timely in addressing impacts and feeding back to complainants;  Is able to track and record grievances for immediate and future reference;  That all complainants are treated with respect and do not incur retaliation because of their complaint;  Takes account of and does not delay access to judicial or administrative remedies.

8.2 Grievance Resolution Mechanism A simple Grievance Redress Mechanism (GRM) has been proposed to enable timely settlement of grievances to the PAPs. The grievance procedures will be secured and administered at the local level to facilitate access, flexibility and openness to all PAPs. The grievance redress procedure ensures consultations and involvement of the respective District, Ward and Village officials and other key stakeholders and provides for record keeping determining the validity of claims, and to ensure that solutions are taken in the most transparent and cost effective ways for all PAPs. At the time of the detailed socioeconomic survey, the PAPs were informed of the different grievance mechanisms put in place to enable them to direct their complaints and dissatisfactions.

The project will use a local mechanisms, which include resettlement committees formed at every village and local leaders of the affected people. These will ensure equity across cases, eliminate nuisance/un-genuine claims and satisfy legitimate claimants. They will also ensure that there is transparency, access and flexibility of the procedure for the PAPs. The grievance resolution mechanism will involve three stages as described below.

STAGE 1: Village Resettlement and Compensation Committee There will be a Village Resettlement and Compensation Committee which comprises of the following members. i. Village Chairperson ii. Village Executive Officer

iii. Representatives of PAPs democratically elected by PAPs (Males) iv. Representatives of PAPs democratically elected by PAPs (females) v. Sub-village (Kitongoji) leader

The Committee will explore all possibilities to solve the raised grievance at the village level and refer to higher level if the grievance is not solved by the committee. This committee will deal with boundary disputes, identification of rightful owners and disputes among family members. However, if aggrieved PAP fail to agree with the committee, the PAP can utilize stage II to solve the grievance. The grievance resolution committee members shall undergo a briefing session about their roles and requirements at early stage before commencement of RAP implementation activities.

STAGE II: District Resettlement and Compensation Committee The District Resettlement and Compensation Committee will comprise of the following members. I. District Council Representative II. District Land Officer III. Ward Representatives IV. Village Representatives V. PAP Representatives (male and female) VI. TANESCO Representatives

The PAP representatives 2 (two, a female and 1 male) will be democratically elected by the PAPs with the help of the local leaders from the committees formulated from every village. The committee will work together with the RCMU to resolve grievances raised by the PAPs including revisiting the site investigation. The Committee will explore all possibility to solve the raised grievance failed to be solved by the VRCC. However, if the DRCC and PAP fail to agree, the PAP can utilize stage III as a last resort to solve the grievance. The grievance resolution committee members shall undergo a briefing session about their roles and requirements at early stage before commencement of RAP implementation activities.

STAGE III: Land Tribunals and Courts of Law All disputes related to land will be resolved with the help of the existing land tribunals. If the Resettlement Committee fails to solve the grievance, it will be referred to the land tribunals. At each level, the land tribunal will endeavour to solve the dispute. If it fails then the dispute will be referred to the land tribunal at the next level. (a) The Village Land Council; (b) The Ward Tribunal; (c) The District Land and Housing Tribunal

STAGE IV: Courts of Law Tanzanian legislation allows a right of access to the courts of law by any person who has an interest or right over property. If the grievance procedure fails to provide a settlement, complainants can still seek legal redress in courts of law as a last resort.

8.3 Actors Involved and Organisational Structure Several actors will be involved in the resolution of grievances arising from Project Affected Persons (PAPs). These include:  TANESCO’s Project Implementing Unit (PIU)  Grievance Resolution Committees  Local Government Officials  Land Tribunals  Project Affected Persons  CBO/NGOs Representative if there is any

TANESCO PIU AND RCMU

GRIEVANCE RESOLUTION COMMITTEES OTHER (RRCC, DRCC, WRCC, VRCC) DISTRICT COUNCILS STAKEHOLDERS (e.g. NGOs)

LAND TRIBUNALS (VILLAGE, WARD, DISTRICT LEVELS)

COURTS OF LAW

PAPS PAPS PAPS

Figure 26: Organizational Structure of Grievance Resolution

8.4 Procedures and Responsibilities

8.4.1 Procedures During the socioeconomic study, the PAPs were informed of the different grievance resolution mechanisms in place for them to pass their complaints and dissatisfactions. The grievances will be channelled through the Grievance Resolution Committees either verbally or in writing but writing will be more preferred. The PAPs could write a letter to the project explaining the nature of the complaint. Since the village leaders are the nearest contacts to the affected persons, they will, in most cases receive the grievances from the PAPs. However, PAPs will be free to submit their grievances to any member of the grievance committee. The members of the committee will pass on the grievance to the RCMU for proper recording and registration. The RCMU team will include a RAP Specialist /a Sociologist, a Land Surveyor, a Valuer and a Legal Officer. These will work together with the grievance resolution committee to solve grievances raised by affected PAPs or community

After registration of the complaint, an investigation will be carried out by the committee members to verify its validity; thereafter a resolution approach will be selected based on the findings. The decisions /actions taken will be communicated to all parties involved mainly in written form. All avenues will be explored to resolve grievances amicably between the aggrieved parties and the court channels will be the last resort.

Efficiency in solving of the grievances will be of paramount importance. The time to finalise a grievance will depend on the nature of the grievance raised. A grievance database showing the date the grievance was registered, the approach applied to resolve it and the status of the grievance shall be maintained by the project team for easy monitoring of the grievance

8.4.2 Respect and Confidentiality Policy Recording a complaint can be a difficult or impossible process if a person is afraid of being punished for his or her act, by members of the RCMU, PIU, VRCC, DRCC, RRCC or other interested parties. In addition, many PAPs may not wish to publicize the fact that they have filed a complaint. To address these concerns, the RCMU will have a policy of respect and confidentiality clearly publicized to all parties that will be integrated in the PIU staff and Committees training program. This policy will stipulate that; any person filing a grievance will be treated with respect by the staff of the RCMU, PIU and the Committees; the information relating to the complaint and the complainant is confidential and will not be disseminated in the community; no retaliation by anyone towards the complainant is acceptable in the eyes of the PIU and TANESCO and that it undertakes to remedy them to the extent of their means.

8.5 Roles and Responsibilities of the Different Actors in Grievance Resolution 8.5.1 Tanzania Electric Supply Company Limited (TANESCO) The responsibilities of TANESCO shall be:  Overall monitoring of the grievance resolution process.  Continuously provide advice to the team especially on challenging disputes.  Participate in grievance resolution of raised complaints from the project affected persons and other stakeholders.  Budget, allocate and disburse funds for grievance resolution including facilitation of the grievance resolution committee members.  Provide regular updates to project stakeholders regarding grievance resolution.

8.5.2 PIU - External Consultant  Advise on resolving PAPs and project affected communities grievances in various committees  External monitoring of the grievances resolution process.  Provide routine progress of the various activities to TANESCO and other stakeholders as required by the contract.  To provide impartial biannual report to project financiers

8.5.3 Resettlement and Compensation Committees (Village, Ward, District) and Local Government Authorities  Participate in resolution of grievances related to land acquisition, compensation and resettlement activities at the respective level.  Act as a mediator between project and PAPs.  Monitoring of land acquisition, compensation and resettlement activities.  Mobilization and sensitization of projected affected persons and PAPs with grievances.  Submit PAPs complaints to the Grievance Resolution Committee members or to the project team.  Participation during the verification of PAPs, investigations and disclosure of entitlements

8.5.4 Land Tribunals  Resolve grievances arising due to the activities of the project through land tribunals.  Mediate between project team and project affected persons.  Review the grievance resolution process to ensure fairness is served.

CHAPTER NINE: VALUATION AND COMPENSATION This Chapter describes the principles that guides to compute compensation amounts for the different affected persons’ properties and the eligibility criteria for compensation and assistance. 9.1 Eligibility and Entitlement Matrix AfDB’s OS 2 and Tanzania’s policies and legislation provide eligibility criteria for compensation and assistance to PAPs for impacts resulting from involuntary resettlement. There are however differences between Tanzania’s legislation and International safeguard policies which are presented in chapter three of this report. The eligibility set out for this RAP will follow a combination of Tanzania’s legislation, AfDB and WB policies. Impacts that will arise as a result of land acquisition for the proposed 132kV transmission line, hydropower plant site, substation area and other project facilities have broadly been categorised as follows:  Impacts on land, crops and developments; and  Socio-economic impacts. The impacts on land developments will entail: loss of land; loss of buildings and other structures (residential, commercial, buildings for public use, etc.); loss of crops/trees, loss of sacred places. Socioeconomic impacts will entail loss of livelihoods. According to the international legislations, all PAPs irrespective of their status are eligible for some kind of assistance if they occupied the land before the cut-off date. Persons who occupy the area after the socio-economic study (census and valuation) are not eligible for compensation or any form of resettlement assistance. The entitlement cut-off date refers to the time when the valuation assessments of the land and assets/developments on the land and a census of all the affected people are complete. The date of the census will serve as the cut-off date for eligibility and no new arrivals in the project area or assets created after the cut-off date will be eligible for compensation after this date. All stakeholders including PAPs will be informed of the cut-off date and its implications. Information about the cut-off date will be disseminated mainly through public meetings, during the census survey, notices in local newspapers, announcements and through local authorities. Table 24 shows the eligibility criteria for compensation and assistance for this project.

Table 24: Entitlement Matrix

Compensation for Category of Project Compensation for Compensation for Type of Loss Loss of Structures and Allowances Affected People Loss of Land Loss of Crops Assets Households / persons Loss of residential land Compensation of the Cash compensation N/A Disturbance allowance at that have residential Loss of housing and residential land plot at according to market 8% of estimated land plots with houses and / non-residential building local market value. value of the subject value. or non-residential assets area, type of building Accommodation buildings in the project and materials used and allowance equivalent to area. condition. 36 months’ rent for the displaced house. Transport allowance at cost to move 12 tons of luggage for 20 km (not applicable for backward relocation of houses. Households / persons Loss of residential land Compensation of the Cash compensation Cash compensation Disturbance allowance at that have building Loss of housing and residential and according to plinth area, for fruit and 8% of estimated land assets and own land non-residential building agricultural land inside type of building and timber/shade trees value and crop value and cultivate crops assets the project area materials used and and other Accommodation (annual and perennial / according to area and condition commercially valuable allowance equivalent to tree crops) in the project Loss of fruit and local land market standing crops (sisal, timber/shade trees and 36months rent for the development sites. prices. banana, etc.) at the displaced house. other perennial crops time of valuation. The affected Transport allowance at household / person Annual crops (maize, cost to move 12 tons of will be given a grace sorghum etc. are luggage for 20 km (not period to harvest their normally not applicable for backward crops compensated. relocation of houses.

Compensation for Category of Project Compensation for Compensation for Type of Loss Loss of Structures and Allowances Affected People Loss of Land Loss of Crops Assets Households / persons Loss of fruit and Compensation of Cash compensation Disturbance allowance at that own land and timber/shade trees and agricultural land inside for fruit and 8% of estimated land cultivate crops (annual other perennial crops the project area timber/shade trees value and crop value. and perennial / tree according to area and and other crops) land within the TL local land market commercially valuable corridor and project prices. standing crops (palm area. The affected tree, cassava, etc) at household / person the time of valuation. will not be allowed to Annual crops (maize, continue cultivating sorghum etc. are annual (low) crops normally not inside the TL corridor compensated. or project area (substation or hydropower project area.) Households / persons Loss of fruit and The affected Cash compensation Disturbance allowance at that lease land and timber/shade trees and household / person for fruit and 8% of estimated crop cultivate crops (annual other perennial crops will not be allowed to timber/shade trees value. and perennial / tree (long-term leases) continue cultivating and other crops) within the annual (low ) crops commercially valuable corridor for inside the corridor for standing crops (sisal Transmission Line and Transmission Line and etc) at the time of project area; inside the project area valuation. Annual crops (maize, sorghum etc. are normally not compensated.

Compensation for Category of Project Compensation for Compensation for Type of Loss Loss of Structures and Allowances Affected People Loss of Land Loss of Crops Assets Institutions / authorities Loss of developed land Compensation of the Cash compensation Disturbance allowance at that own buildings and Loss of the buildings land plot at local according to plinth area, 8% of estimated land land within the corridor market value. type of building and value. for Transmission Line materials used and Accommodation and and the project area condition. transport allowance may be applicable if buildings are also used for residential purposes (e.g. building owned by congregations and schools). Households / persons Loss of burial site Arrangement for cash Stipulated and negotiated that have graves on compensation as compensation amount land that they own required by the Graves shall cover all ceremonial within the TL corridor, Removal Act No. 9 of cost in connection with substation site or 1969 shall be done relocation of graves. hydropower site Other cost (coffin, reburial work,) and removal will paid to District health officials to do the work Households / persons Loss and damage to Negotiated cash Negotiated cash outside the TL way building assets compensation according compensation leave who will be Loss of standing crops to cost of repair of according to market affected by temporary damaged building assets value of lost crops access roads and (contractor to pay) (negotiated and paid construction activities. by contractor)

9.2 Compensation Packages

9.2.1 Residential Houses Residential structures are mainly of three types i.e. those used as sole residence for the owner, those used by tenants and therefore a source of income for the owner and those shared by the property owner and tenants. PAPs loosing residential structures are entitled to the following compensation:  Compensation of the residential structure according to the type of structure at market value;  Compensation of land according to the market value if the PAP owns the land;  Loss of Accommodation allowance;  Transport allowance; and  Disturbance allowance.  For tenants that reside in these houses they will receive transport and disturbance allowance which will be determined during the detailed census.  Tenants will be given sufficient notice to find another accommodation

Disturbance allowance is calculated by multiplying the value of the land by an average percentage rate of interest offered by commercial banks on fixed deposits for twelve months at the time of loss of interest in land. Transport allowance is the actual cost of transporting twelve tons of luggage by road or rail whichever is cheaper within twenty kilometres from the point of displacement as a lump sum. Demolition of outer structures and services such as fences, stores, toilets and kitchens will result in loss of PAPs basic services that individuals, family or enterprises depend on for sanitation, security and general well-being. However, this will not necessitate physical relocation of PAPs or loss of business.

For this project, the way leave segment from Malagarasi to Mazungwe (20km) was found with residential houses which most of them were paid in 2012. In the way-leave segment from Mazungwe to Kidahwe (33km), Substation site and hydropower site there were no any residential, commercial or community structure.

9.2.2 Compensation for Commercial Structures There are two main categories of businesses i.e. those that are registered and therefore have records with their business and those that have no records. PAPs losing commercial structures under this RAP will be entitled to the following:  Compensation of the commercial structure according to the type of structure at market value;  Compensation of land where the structure is, according to the market value if PAP owns the land;

 Loss of profit allowance calculated for six months, if business has no proper records;  Transport allowance; and  Disturbance allowance.  Tenants of the buildings will receive the following compensation: o Loss of profit allowance calculated for six months; and o Transport allowance o Disturbance allowance.

However, no commercial structure have been recorded during the RAP study.

9.2.3 Compensation for Community Structures The public/community properties include structures and land that are publicly owned, used or controlled 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, etc. Demolition or relocation of these community entities will disrupt the services and social networks. However, no community entities that will be affected between Mazungwe and Kidahwe except the 3 buildings between Mazungwe and Igamba (the power plant) that were in the previous compensation in 2012. These structures include MMPT Pentecost Church, Pentecost Church and Roman Catholic Church. The Pentecost church accepted compensated while Roman Catholic Church and MMPT Pentecost Church leadership didn’t collected their compensation cash because they were not satisfied by the compensation rates or package. However, compensation for public and private community properties will be provided according to preference of owner/s. For this project, in-kind compensation and cash compensation will be proposed. For in-kind compensation the proponent will have to replace a better structure or equivalent to the one affected while for those opting for cash compensation, the properties will be entitled for the following compensation package:  Compensation of the public structure according to the type of structure at market value;  Compensation of land where the structure is, according to the market value if PAP owns the land;  Loss of accommodation allowance;  Transport allowance; and  Disturbance allowance.

As a step towards RAP implementation, TANESCO is going to revisit and address these kind of grievances in order to ensure that those public structures get their fair compensation.

9.2.4 Compensation for Agricultural Production and Parcels The proposed project will result in loss of land mainly for rural settlements. The land to be affected is owned by mainly individuals whereas some small portions are owned by the village government, District Council and the Agency. Valuation and calculation of compensation for land have been based by the market value of unimproved land and disturbance allowance as outlined by Government Valuer from Buhigwe District Council. Trees that are 4 meters high or higher have been registered shade trees. According to the RAP report it is expected that about 276 hectors (126 hectors for transmission line, 150 hectors for Substation and 1,466 hectors for the hydropower site) will be affected in Uvinza and Kigoma Districts, belonging to 5 villages and 1,042 PAPs. The compensation for the land will include:  Compensation of land according to the market value of that land if the PAP owns the land;  Disturbance allowance (8% of the value of land and crops)  Compensation for the crops according to the type if the crops belong to the PAP owning the land

9.2.5 Access Roads and Workers Camps The compensation for property in areas earmarked for workers’ camps and access roads outside the areas to be owned by TANESCO will also be based on market value compensation rates plus disturbance allowance. However, this will be at the charge of the Contractor.

9.2.6 Compensation for Trees and Perennial Crops Different kinds of trees have been grown in the project affected areas such as Palms and fruit trees, cassava and shade trees. In addition, perennial, annual and seasonal crops are also grown in the project area. Valuation and calculation of compensation for perennial or annual crops and trees will be based upon the official regional/district approved compensation rates, plus (8%) disturbance allowance. Unlike trees, perennial and annual crops, seasonal crops will not be compensated as PAPs will be allowed to harvest before the project implementation. However, in order to prevent any financial impact or loss of harvest that mainly includes food crops, notice will be provided to all PAPs with seasonal crops to alert them when to stop cultivating once they have been compensated for loss of land. 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, paddy, vegetables, sunflower and beans, among others.

9.2.7 Compensation for Sacred and Patrimonial Sites The detailed census conducted in July to August 2017 identified about 7 graves. The official district approved compensation rates will be agreed and used to compensate graves which is for ceremonial costs. The expenses related to the relocation of graves such labour in connection with exhumation, coffin and reburial costs will be paid to the District Council Health division who will be responsible for the relocation.

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CHAPTER TEN: INCOME AND LIVELIHOOD RESTORATION STRATEGIES

Displacement from homes, loss of structures, lands, crops and livelihoods interrupts the process of growth and development towards an adequate standard of living because displaced people are deprived of resources and opportunities for self- development to which they would have access. Their trajectory of progression is reversed, at least in the short and medium terms, and they are unwillingly thrown into a situation that calls forth coping strategies rather than growth strategies.

AfDB’s OS 2 emphasizes the need for affected populations and host communities to be provided with support before, during, and after relocation, for a transition period that covers a reasonable period of time necessary for them to re-establish themselves and improve their standards of living, income-earning capacity, production levels and overall means of livelihood. Also, the World Bank OP 4.12 advocates that the displaced persons should be assisted in their efforts to improve their livelihoods and standards of living or at least to restore them, in real terms, to pre-displacement levels or to levels prevailing prior to the beginning of project implementation, whichever is higher.

Therefore, this section provides for applicable income restoration measures for PAPs in the project areas (transmission line, substation and hydropower plant sites). It is expected that the proposed income restoration measures will minimise the impact of income loss and will provide PAPs with quick means of re-establishing their livelihoods.

10.1 Agriculture Majority of the PAPs depend on agriculture for their livelihood while a small group of PAPs have additional income from employment or businesses. In terms of agriculture the following livelihood measures are proposed:  PAPs will be allowed to harvest their crops that have reached maturity;  Access to agricultural extension services will be provided to affected communities in order to improve production for the remaining land;  Provide agricultural trainings on how to grow crops and have good harvest and where possible high yield seeds will be provided.

10.2 House Compensation According to the previous valuation report there are PAPs having structures that are required to relocate from Igamba to Mazungwe village in Uvinza district. The number of PAPS affected were 17 structures for TL from Mazungwe village to Kidahwe and the power plant area. However, more than 10 PAPs still have grievance waiting to be addressed. The livelihood restoration measures will be apart from replacement cost compensation, they will be allowed to salvage the materials from the former building.

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Also, physically displaced persons will be provided with transport allowance to the new areas of relocation as per the Tanzanian legislation which provides for transportation of 12 tons of luggage by the road or rail within 20 km from the point of displacement. The basis for establishing the transport cost will be the actual market rate that transporters apply.

10.3 Perennial and Annual Crops Seasonal crops will not be compensated. However to assist PAPs, the project will allow them to harvest them before the project is implemented to prevent any financial impact or loss of harvest. In addition, notice will be provided to all PAPs with seasonal crops to alert them when to stop cultivating once they have been compensated.

10.4 Trees Number of palm trees, fruit trees and other different kind of trees will be affected by the development. These trees are used for different purposes such as food and commercial hence PAPs losing these trees will lose a means to their livelihood. Below are the proposed measures to restore people’s livelihoods in regard to trees:  Allow PAPs to rescue their trees even when they have been compensated. he products from these trees can be sold to earn an extra income;  The PAPs will be provided with tree seedlings as long as budget is available. These should be distributed in the right season to minimize cases of non- germination; and  Training in seedling propagation, nursery management and management of the trees to maturity level could also be provided.

10.5 Commercial Activity According to valuation report the project does not have an impact on structures that are used for commercial purposes e.g. shops, rental units, etc. However If a commercial structure is identified in the update, and TANESCO considers that it is legitimate, the compensation strategies to improve livelihoods of the PAPs having commercial activities will include:  Compensation of commercial structure based on market value /replacement cost;  loss of profit allowance as stipulated in the law;  transport allowance as per Tanzanian legislation;  Adequate notice to PAPs will be provided to vacate premises and to allow them save any materials from the structures;  Training in financial literacy and management could be provided to the PAP including the entrepreneurship.

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10.6 Vulnerable Groups WB OP 4.12 (8) requires that particular attention should be paid to the needs of vulnerable groups among those displaced such as those below the poverty line, landless, elderly; women and children, indigenous peoples and ethnic minorities. Also, the AfDB’s OS 2 recommends to pay the particular attention to disadvantaged groups when formulating and implementing compensation packages, resettlement assistance measures and livelihood restoration measures among affected PAPs are vulnerable groups who may not be able to meet their basic needs and who will require special treatment or consideration. These PAPs will need support during and after relocation so that they can maintain or improve their pre-project living conditions.

The socio economic survey has identified groups of vulnerabilities including the elderly, disabled, widows and orphans. In addition to the above proposed livelihood strategies, vulnerable PAPs will be provided with the following:  Assistance in find the land to relocate  Special assistance to enable them rightfully get their compensation including opening up bank account.  Assistance in lodging the complaints and seeking legal advice when needed  They will be given priority for employment on project-related jobs as long as they are able to deliver the required level of service

10.7 Jobs and Other Benefits The Project will develop a proactive Local Recruitment and Procurement Policy, with a focus on the most impacted households and vulnerable groups. Unskilled and semi- skilled labour should be sourced from project-affected households wherever possible. The contractor should give the priority of employment to the people from the project area during the construction. Jobs that could be available for PAPs during construction phase include casual labourers, cooks, cleaners, etc.

10.8 Livelihoods Restoration Programmes TANESCO shall arrange various community livelihoods restoration programmes to all villages that will be affected by the proposed project. Table below depicts the suggested livelihood restoration programmes to be implemented basing on the concerns of the villages.

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Table 25: Livelihood Restoration Programme for the villages affected by the project

Name of Affected Village/ PAPs views on LRP Livelihood Restoration Programmes Village or Group of PAPs

Mazungwe Village  We would wish the project proponent to  Project to consider the following as restoration construct a Health Centre in the village measures:  Our road is not accessible particularly during o Construction of a health centre rainy season. So it would be appreciated if o Construction of access road to Igamba TANESCO could improve this road  Igamba Sub-village which is a host area of the o Construction of a school Fm 1 to Fm 6 project doesn’t have primary school so we would and a primary school at Igamba appreciate TANESCO’s contributions for o Construction of village Office construction of classrooms  Arrangement for the contractor to hire semi-  Our youth do not have employment so we are skilled and unskilled labours from the village requesting TANESCO to consider the youths at Mazungwe and Igamba during recruitment of  Electrification of Mazungwe village and Igamba unskilled labours sub-village which are neighbour to the hydropower plant site  They asked TANESCO to electrify the village  Conduct various training to utilize project  The asked the project for a secondary school opportunities and entrepreneurship from Form 1 – Form VI

 They requested for water in the village and at Mazungwe primary school

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Name of Affected Village/ PAPs views on LRP Livelihood Restoration Programmes Village or Group of PAPs

Kazuramimba Village  We are asking this project to construct health  Project will consider the following as restoration centre in the village because the dispensary we measures: have in the village is not sufficient enough as o Construction of girls’ dormitory statistics reveal that about 80 women deliver babies in every month at Kazuramimba o Construction of Vocational training

 They asked for densification of electricity in the  Arrangement for the contractor to hire semi- village as REA covered only a small part of skilled and unskilled labours from the village Kazuramimba  Densification of electrification in the  Water supply is a problem in the village. Kazuramimba village. TANESCO should at least help us with water  Project to consider to support the water project project for reliable supply of potable water in the in the village village  TANESCO in collaboration with local NGOs shall  They need a vocational training centre to conduct entrepreneurial trainings to project accommodate Form IV and Form VI leavers from affected communities in order to improve their Kazuramimba Secondary School. livelihoods through creation of business  Our Secondary school does not have opportunities dormitories. Thus, most of school girls are facing

many challenges living in the village. Hence need the project to construct a girls’ dormitory.

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Name of Affected Village/ PAPs views on LRP Livelihood Restoration Programmes Village or Group of PAPs

Kalenge Village  They asked for electricity densification as most  Project will consider the following as restoration of the sub-villages of Kalenge does not have measures: REA electricity. o Densification of electrification in the  The village requested TANESCO to construct a Kalenge village. borehole that will help them to establish irrigation o Arrangement for the contractor to hire scheme semi-skilled and unskilled labours from the village  They requested youths at Kalenge to benefit o from temporary and long term employment Support the drilling of a borehole for water during project construction and operation supply phases o TANESCO in collaboration with local NGOs shall conduct entrepreneurial  We have a lot of secondary school attendants trainings to project affected communities that have basic education Thus, we are in order to improve their livelihoods requesting government to establish a Vocational through creation of business Training Centre for skills development in the opportunities village and the district

Mlela village  They complained that their youth do not have  Project will consider the following as restoration formal employment so they are asking measures: TANESCO to consider the youths in the village o Densification of electrification in Mlela during recruitment of unskilled labours village.

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Name of Affected Village/ PAPs views on LRP Livelihood Restoration Programmes Village or Group of PAPs

 Most of the sub-villages of Mlela does not have o Arrangement for the contractor to hire REA electricity. Thus, this project should at least semi-skilled and unskilled labours from provide them with reliable electricity the village

Kidahwe village  Most of the sub-villages of Kidahwe does not  Project will consider the following as restoration have REA electricity. Thus, this project should at measures: least provide us with reliable electricity o Densification of electrification in the  Our youth do not have formal employment so Kalenge village. we are asking TANESCO to consider the youths o Arrangement for the contractor to hire in the village during recruitment of unskilled semi-skilled and unskilled labours from labours the village

 Request the project to support the water project o Support the water project in the village in the village which will also serve the Kidahwe substation

 TANESCO in collaboration with local NGOs shall conduct entrepreneurial trainings to project affected communities in order to improve their livelihoods through creation of business opportunities

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CHAPTER ELEVEN: MONITORING AND EVALUATION

11.1 Purpose of Monitoring Monitoring and evaluation (M&E) is necessary to check on implementation progress, to ensure that targets are being met, to assess the process used to plan and implement the resettlement exercise and to measure the socio-economic impacts of resettlement on the affected population against baseline conditions. It is normally undertaken to keep track of the implementation of the RAP and to identify problems and to give feedback whether RAP and mitigation measures are being achieved or not. Finally, monitoring will provide vital information as to whether compensation has been duly paid to all entitled persons. Therefore for this proposed RAP for the transmission line, substation and the hydropower plant, monitoring and evaluation will have the following objectives:  To ensure that all eligible affected persons have received their full compensation entitlements within agreed timeframes  Whether actions and commitments described in the RAP are implemented fully and on time.  Whether RAP actions and compensation measures are effective in sustainably enhancing affected peoples’ living standards and income levels  Whether complaints and grievances lodged by PAPs are followed up and that appropriate corrective actions are implemented or have been implemented  Check whether changes in the RAP procedure are necessary in order to improve delivery of compensation to PAPs

11.2 International Safeguard Requirements The AFDB Integrated Safeguards System (ISS 2013) Operational Safeguard # 2 on involuntary resettlement acknowledges that development projects that displace people generally give rise to economic, social and environmental problems. Thus monitoring and evaluation of compensation of the PAPs and their properties is required under AfDB safeguard policy. Also, WB Operational Guidelines OP 4.12 for “Involuntary Resettlement” require that the developer monitors and evaluates the resettlement and mitigation activities as defined in a RAP. The developer is also required to undertake an assessment to determine whether the objectives of the resettlement plan have been achieved upon completion of a project. This assessment shall make use of the recorded baseline conditions and the results of the resettlement monitoring. Beyond these general requirements the Guidelines do not specify how the monitoring should be done or what monitoring indicators should be used.

11.3 Internal Monitoring Arrangements 11.3.1 Resettlement and Compensation Management Unit To ensure that the RAP is implemented successfully and that the PAPs are treated equitably/ fairly, an internal monitoring system will be defined and implemented by the RCMU in close collaboration with the implementing partners/ agencies. This system,

108 which will provide the necessary monitoring data in an efficient and reliable manner, will among other issues keep track of:  The progress of the resettlement and compensation process;  The implementation of the social mitigation measures identified in this RAP;  The set-up and functioning of the grievance redress mechanism, and  The compensation process for in kind compensation if any

The RCMU will produce periodic monitoring reports (monthly and quarterly) regarding the implementation of resettlement and mitigation activities.

11.3.2 Monitoring Indicators The monitoring indicators will be a combination of technical and social indicators and will be both quantitative and qualitative. Possible indicators may include:  Percentage of PAP that have accepted and been paid compensation;  Type and number of livelihood restoration measures implemented;  Number of PAP that have been given employment in project;  Type and number of trainings given to assist PAP and community restore their livelihood; and  Health and awareness campaigns carried out;

11.4 External Monitoring Arrangements The main purpose of the external or independent monitoring of the implementation of the RAP is to provide an objective assessment of the achievement of resettlement and mitigation objectives. A secondary objective would be to assist the RCMU in the implementation of resettlement activities through provision of an objective analysis of the resettlement implementation progress. More specifically the external monitoring objectives will be to:  Verify that baseline information on all PAPs has been collected, all losses inventoried and valued;  Verify the provision of resettlement and compensation entitlements is in accordance with the approved valuation report;  Verify that effective consultation in connection with the agreement and disbursement of compensation is taking place;  Verify that grievances are being processed and resolved in accordance with the approved grievance procedure;  Identify any implementation problems; and  Verify that sufficient funds for compensation are provided in a timely manner and that such funds are being used in accordance with the RAP.

External monitoring will be carried out by independent monitors, who will use the internal monitoring data and other information provided by the RCMU. The external monitors will produce annual report and a completion report.

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11.5 Monitoring by Affected Districts The District Councils affected by the project may form a district level monitoring team to carry out external monitoring of the resettlement and compensation process. The composition of the district monitoring body will be decided by the District Executive Directors but tentatively the members could include the District Land Officers, Community Development officers, Environmental Officer and Ward Councillors from the affected wards. Monitoring and reporting by this body should be carried out at the start-up, midway and after the completion of the resettlement and compensation process. The monitoring reports should go to the District Executive Director and be shared and discussed with TANESCO RCMU and the RRCC.

11.6 Monitoring by the Ministry of Land, Housing and Human Settlements Development The Ministry of Land, Housing and Human Settlements Development may be invited to conduct external monitoring of the resettlement and compensation process so as to influence the policy in the future projects. A representative of the Office of the Commissioner for Lands could be invited to conduct monitoring trip during the resettlement and compensation process and during the completion of the resettlement and compensation process to verify that the developer has indeed compensated and assisted all PAP in conformance with the provisions in the valuation report and this RAP.

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CHAPTER TWELVE: RAP BUDGETS AND IMPLEMENTATION SCHEDULE

12.1 Resettlement Budget The valuation survey, which was completed by an authorised independent valuer and consistent with Tanzanian requirements, defines the minimum resettlement budget for the transmission line way-leave corridor, substation and hydropower plant areas. This budget, which is presented in the table below, is comprised of the following components:  Cash compensation for land acquisition;  Cash compensation for loss of fruit trees and other commercially valuable perennial plants;  Disturbance allowance;

Table 26: Compensation to be paid to PAPs in Uvinza District

GRAND TOTAL OF LAND ,CROPS AND DISTURBANCE ALLOWANCE TO BE COMPENSATED (TZS) DISTURBANCE VILLAGES LAND VALUE CROPS VALUE ALLOWANCE SUB TOTAL Mazungwe 65,948,800.00 6,360,400.00 5,784,736.00 78,093,936.00 Kazuramimba 214,760,400.00 13,357,130.47 19,118,702.00 247,236,232.90 Kalenge 73,710,400.00 116,808,923.25 15,212,297.00 205,731,620.16 Mlela 122,705,600.00 26,591,552.00 12,416,128.00 161,713,280.00 Igamba 5,963,056,400.00 22,660,000.00 479,161,312.00 6,464,877,712.00 GRAND TOTAL 7,157,652,781.07 Exchange rate: 1 USD = 2250 TZS

A contingency of 15% is to be included to address compensation claims that may arise from additional claims for compensation for land and crops that may be raised through the grievance structure. Also add a 10% as a cost for livelihood restoration measures

Table 27: Compensation to be paid to PAPs in Kigoma District

GRAND TOTAL OF LAND ,CROPS AND DISTURBANCE ALLOWANCE TO BE COMPENSATED DISTURBANCE LOCATION LAND VALUE CROPS VALUE ALLOWANCE SUB TOTAL 77,983,200.00 32,404,536.68 9,477,519.58 119,865,258.26 Kidahwe Line

150,498,922 2,031,735,441.60 Kidahwe Sub 1,800,000,000.00 81,236,520.00

station

GRAND 2,151,600,699.86

TOTAL Exchange rate: 1 USD = 2250 TZS

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It should be noted that the compensation paid in 2012 between Mazungwe and Igamba included the following:  Cash compensation for land acquisition;  Cash compensation for loss of crops including fruit trees, palm trees and other commercially valuable perennial plants;  Cash compensation for the lost housing  Disturbance allowance;  Accommodation allowance; and  Transport allowance;

Table 28: Compensation Amount Paid in 2012 between Mazungwe and Igamba: Uvinza District

Description of the compensation Subtotal Land, Crops & Distabance Allowance 36,770,160.00 Houses, Land and Distabance Allowance 28,199,209.00 TOTAL 64,969,369.00 Exchange rate: 1 USD = 2250 TZS

A contingency of 60% is to be included to address compensation claims that need to be redressed following the raised claims through the grievance structure. Also add a 20% as a cost for livelihood restoration measures.

12.2 Implementation Schedule The RAP implementation schedule covers a period of twenty two months (22) in order to include all planned activities. It is important that all RAP activities including payments for compensation are completed before line construction begin. This is to ensure that all possible barriers and hindrances to the project implementation will have been dealt with. However, some grievances may arise during the project implementation. Table 29 shows the RAP implementation schedule.

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Table 29: Proposed RAP Implementation Schedule

YEAR OF 2017 YEAR OF 2018 YEAR OF 2019

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

Phase 1.0: Preparatory activities (3 months)

1.1 Preliminary selection TL route x x

1.2 Physical verification of TL route made on line routing

1.3 Stakeholders consultation on verification if there is planned infrastructures under ROW 1.4 Adjustment of the line routing after feedback from the field verification mission 1.5 Preparation of Draft RAP Report

1.6 Disclosure to Stakeholders Including potential financiers

Phase 2.0: Incorporation of Stakeholders Comments Approval and Begins the RAP implementation (6 months)

3.6 Sensitization meeting based on agreed rates 2.1 Updating the Valuation of Assets 2.2 Verification of the Valuation Report by TANESCO 2.3 Preparation of Compensation Schedules and Valuation after verification by TANESCO 2.4 Seeking the approval of Compensation schedules by Chief Government Valuer and endorsement by relevant Authorities (DC, RC) 3.0 Compensation of properties and grievance resolution (4 months) 3.1 Preparation of Compensation Funds

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3.2 Effecting Compensation of properties to all project affected persons and institutions 3.3 Grievance Resolutions and settlement of all disputes 4.0 Supervision of Implementation, Implementation of Livelihood Restoration Programs and Monitoring and Evaluation of RAP (12 months) 4.1 Implementation of livelihood programs 4.2 Supervision of RAP implementation and livelihood restoration success 4.3 Implementation of vulnerable PAP assistance 4.4 Resettlement of Households 4.5 Monitoring and Evaluation 4.6 Construction supervision and follow-up of mitigation measures

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REFERENCES

1. International Finance Corporation (IFC) (2012) Performance Standards 5: Land Acquisition and Involuntary Resettlement 2. African Development Bank Group (2005) Policy on Disclosure of Information 3. African Development Bank (2013) Intergrated Safeguards system: Policy Statement and Operational Safeguards 4. ARTELIA (2013) Rusumo HEP Project - Dam & Power Plant Components RAP Report 5. African Development Bank (2004) Environmental Safeguard Policy 6. International Finance Corporation (IFC) (2012) Performance Standards (PSs) on Environmental & Social Sustainability 7. JGI (2008) Biological Surveys in The Masito-Ugalla Ecosystem (MUE). A report prepared by the Jane Goodall Institute (JGI), 8. Norplan Tanzania (2008), ESIA report for Malagarasi 8 MW and 33kV Transmission line to Kigoma 9. Norplan Tanzania (2008), RAP report for Malagarasi 8 MW and 33kV Transmission line to Kigoma 10. Power System Master Plan (PSMP) 2016 Update, Ministry of Energy and Minerals at al, December, 2016 11. Technical Study for Construction of 132kV Transmission Line from Tabora to Kigoma - Pre-Feasibility Study Main Report, TANESCO Research Unit, March, 2017 12. Tibazarwa F.I (2012). Environmental Impact Statement for 44.8MW Hydropower Plant at Igamba Falls on the Malagarasi River in Kazuramimba Ward, Kigoma Region 13. Upgrading Feasibility Study from 220kV to 400kV Transmission Line for the Proposed North West Grid Project - Final Report, SWECO International, November, 2016 14. URT (1997) National Environmental Management Policy 15. URT (2004) Environmental Management Act No 20, cap 191. 16. URT (2005) Environmental Impacts Assessment and Auditing Regulations 17. URT 2002 Tanzania National Bureau of Statistics 2012. 18. URT, 1967. The Land Act acquisition Act, 1967. Act No. 47 0f 1967. 19. URT, 1999. Sheria ya Ardhi ya Kijiji Na 5 ya Mwaka 1999. 20. URT, 1999. The National Land Act, 1999 (No. 4 of 1999) 21. World Bank (2004), Simplifying Safeguards: Addressing Environmental & Social Issues in Education Projects, SMART. 22. WSP (2017) Rusumo - Nyakanazi 200kV TL Resettlement Action Plan Report 23. www.google earth.com

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APPENDICES

Appendix 1: Sample of a Grievance and Comment logging form

Name of Comment/Grievance Commenter/Aggrieved Number Name of Organisation/Position Address Telephone/Fax Email Address Most effective means to send a Mail Email Phone response Date of Comment/Grievance Date inputted Nature and location of Comment/Grievance Received by Initial Response details and sent by: Date of initial response Resolved/Addressed by Nature of Resolution Date of Resolution

Signed (TANESCO rep)

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Appendix 2: Maps showing the project Area

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Appendix 3: Project Affected People: Land Parcel Plats

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