Table I: Comparison of Tanzanian and World Bank Policies on Resettlement and Compensation Types of affected Persons/Lost Assets Tanzanian Law World Bank OP 4.12 Comparison/Gaps Land Owners The Land Acquisition Act, the Land Act 1999 and the Village Land Act 1999 have it clearly that land owners, with or without formal legal rights, are entitled to full, fair and prompt compensation. They also get disturbance allowance, transport allowance, accommodation allowance and loss of profit if they were in actual occupation of the acquired property. Lost assets are limited to “unexhausted improvements”, that is the land and developments on the land. The law does not cover economic and social impacts of relocation and as such socio-economic surveys are not part of the land acquisition process Displaced persons are classified into three groups: those who have formal legal rights including customary and traditional rights; who do not have formal legal rights to the land but have a claim to such land or assets provided that such claims are recognized under the law of the country those who have no legal rights to the land they are occupying Land owners categories (a) and (b) above, are among the PAPs who are entitled to full, fair and prompt compensation as well as other relocation assistance. Socio-economic impacts to PAPs are taken into consideration in preparing the RAP There is no gap between Tanzania and OP 4.12 as far as those with formal legal rights and those without formal legal rights are concerned However, the lost assets in Tanzania are restricted to land and developments on land, and where relevant, loss of profits. The lost assets under OP 4.12 are much wider than land and include loss of access to livelihoods and standard of living and seeks to improve them or at least to restore them to levels Land Tenants/Squatters Tanzanian law does not recognize tenants as being entitled to compensation Tenants would be under category (b) above and are among the PAPs who are entitled to full, fair and prompt compensation and other relocation assistance WB OP 4.12 recognises a wider spectrum of PAPs. The Tanzania spectrum is limited to those who can prove proprietary rights. It does not include tenants Squatters may be paid compensation on the of the Squatters may fit category (c) above and are provided WB OP 4.12 includes squatters the PAPs who are entitled to displacement
Agricultural Production Some of the crops grown in the area are: maize, beans, coffee, cassava, tomatoes, potatoes, and banana. Despite maize being the dominant food security crop and also a source of income for many farmers, the overall average maize yield was only 10.7 sack (1 sack = 90 Kg) per household. Households produce on average about 9 bags and 28 bags of beans and coffee respectively. About 89% of households sell immediately after harvesting. 23% of the households mentioned undertaking small scale irrigated agriculture. Some challenges mentioned by farmers in relation to small scale irrigated agriculture are; lack of farm input, crop diseases, lack of enough water due to drought. Labour demand Demand for labour is prevalent in the months of August and September just before the beginning of the planting season and is at minimum in the month of May. Months of March and September also has a demand for labour due to land preparation. The kind of labour according to their contribution indicates that family labour (82%) is the main type of labour used in the area followed by casual labour and the least being Permanent labour. Female labour (65.1%) was the major source of family labour used. The daily wage rate for casual employees ranged from Tshs 1,000 to Tshs 15,000. The average daily wage rate was Tshs 2,067. Project Awareness and Willingness to Support the Project When asked about whether they were aware of the proposed scheme development, 53 percent of the respondents were affirmative. Majority of the respondents knew about the proposed scheme through series of meetings held by the Consultants (42%), government officials (38%) through neighbours (14 percent). The survey reports that an overwhelming majority, 92.2% welcome the proposed project. A lot of socioeconomic benefits have been highlighted by farmers including; better agricultural production, based on reliable farming techniques, increased employment opportunities, establishment of markets among others. Mara Valley General The proposed Mara Valley Irrigation Scheme is situated in the Ngoreme
Land remains economically viable. Tenant/ lease holder Cash compensation for the harvest or product from the affected land or equivalent to average market value of last 3 years, or market value of the crop for the remaining period of tenancy/ lease agreement, whichever is greater. Greater than 20% of land holding lost Land does not become economically viable. Farmer/ Title holder Land for land replacement feasible, or compensation in cash for the entire landholding according to PAP’s choice. Land for land replacement will be in terms of a new parcel of land of equivalent size and productivity with a secure tenure status at an available location which is acceptable to PAPs. Transfer of the land to PAPs shall be free of taxes, registration, and other costs. Relocation assistance (costs of shifting + assistance in re-establishing economic trees + allowance up to a maximum of 12 months while short- term crops mature). Relocation assistance (costs of shifting + assistance in re-establishing economic trees + allowance up to a maximum of 12 months while short- term crops mature) Tenant/Lease holder Cash compensation equivalent to average of last 3 years’ market value for the mature and harvested crop, or market value of the crop for the remaining period of tenancy/ lease agreement, whichever is greater. Relocation assistance (costs of shifting + assistance in re-establishing economic trees + allowance up to a maximum of 12 months while short- term crops mature. Commercial Land Land used for business partially affected Limited loss Title holder/ business owner Cash compensation for affected land Opportunity cost compensation equivalent to 5% of net annual income on tax records for previous year (or tax records from comparable business, or estimates where such records do not exist). Business owner is lease holder Opportunity cost compensation equivalent to 10% of net annual income based on tax records for previous year (or tax records from comparable business, or estimates where such records do not exist)
Assets used for business severely affected If partially affected, the remaining assets become insufficient for business purposes Title holder/business owner Land for land replacement or compensation in cash according to PAP’s choice. Land for land replacement will be provided in terms of a new parcel of land of equivalent size and market potential with a secured tenure status at an available location which is acceptable to the PAP. Transfer of the land to the PAP shall be free of taxes, registration, and other costs. Relocation assistance (costs of shifting + allowance) Opportunity cost compensation equivalent to 2 months net income based on tax records for previous year (or tax records from comparable business, or estimates) Business person is lease holder Opportunity cost compensation equivalent to 2 months net income based on tax records for previous year (or tax records from comparable business, or estimates), or the relocation allowance, whichever is higher. Relocation assistance (costs of shifting) Assistance in rental/ lease of alternative land/ property (for a maximum of 6 months) to reestablish the business. Residential Land Land used for residence partially affected, limited loss Remaining land viable for present use. Title holder Cash compensation for affected land Rental/lease holder Cash compensation equivalent to 10% of lease/ rental fee for the remaining period of rental/ lease agreement (written or verbal) Title holder Land for land replacement or compensation in cash according to PAP’s choice. Land for land replacement shall be of minimum plot of acceptable size under the zoning law/ s or a plot of equivalent size, whichever is larger, in either the community or a nearby resettlement area with adequate physical and social
components of land quality. Presently in assessing the value of the unexhausted improvements for compensation purposes, the law emphasizes that the value should be the price that which the said improvements can fetch if sold in the open market. But this in normal circumstances is lower than the replacement value but higher than the initial construction cost of the said improvements. the Value of Land for Compensation) Regulations, 2001 and Part IlIl of the Village Land Regulations, 2002 The Acts stipulate in detail functions of District/Urban councils. Issues of land are included as objectives of functions and therefore part of the mandates of local government in their respective areas. Government (District Authorities) Act No. 7, 1982 and Local Government (Urban Authorities) Act No. 8, 1982 The grievance procedure will be simple, administered as far as possible at the local level to facilitate access, flexible and open to various proofs taking into cognizance of the fact most people are illiterate and poor requiring a speedy, just and fair resolution of their grievances. The Local Government Authorities not being a party to the contracts would be the best office to receive handle and rule on disputes. Failure of the Councils to settle the disputes, the grievances concerning non-fulfillment of contracts, levels of compensation, or seizure of assets without compensation will be addressed to the existing local courts system of administration of justice in the Districts. Local NGO's will be engaged by the Designated Sector Environmental Coordinators to mediate disputes. If the complainant's is rejected, then the matter will be brought before the Land Tribunals and/or the local courts for settlement. If the matter cannot be settled by the local courts and/or the District Land Tribunals, the matter will go the High Court for resolution. The High Court of Tanzania will be the highest appellate "judge" in this system. The decision of the High Court would be final and all effort should be made to ensure decisions are reached within a full growing season after the complaint is lodged. in Resettlement Policy Framework, Tanzania Accountability, Transparency and Integrity Project (ATIP), October (2005) ANNEX 7: AND MARA VALLEY IRRIGATION PROJECTS (TANZANIA) CONSULTATIONS MEETING CONDUCTED DATE STAKEHOLDERS Decisions/discussion points 1. Consultation meeting with community January 2011 Misenyi District DED Misenyi Task team members From the observations made on the proposed irrigation site, the living conditions of the