Tanzania Energy Development and Access Project (TEDAP)

P0101645

Resettlement Policy Framework – Main Report and Appendices

(RPF) Part A

(January 2006)

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wb371432Typewritten TextRP1561 V1

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GOVE RNMENT OF THE UNITED REPUBLIC OFTANZANIA

TANZAI IA ELECTRIC SUPPLY COMPANY LIMITED

I DISTR UTION AND TRANSMISSIONRlHABILATION PROJECT

(DAR SALAAl, MOSHI AND ARUSHA)

PROPOS 1D 1321W TRANSMISSION LNESIN DAR ES SLA

FINAL REPORT6 JANUARY 2006

VOLUME 1

MIN REPORT AND APPENDICES

_ I_ _ _ _

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Tanzania Electric Supply Company Limited Proposed 132 kV Transmission Lines In Dar es SalaamDistribution and Transmission Rehabilitation roject Resettlement Policy Framework(Dar es Salaam, Moshi and Arusha) Revised January 2006

TAE LE OF CONTENTS

ABBREVIATIONS AND ACRONi MS IVRESETTLEMENT POLICY FRAM WORK PREPARATION TEAM VEXECUTIVE SUMMARY VII THE PROJECT, LAND AC 2UISITION AND RESETTLEMENT I

1.1 PURPOSE I1.2 BACKGROUND TO THE PRO ECT 11.3 SUMMARY DESCRIPTION 0 MAIN PROJECT COMPONENTS 3

1.3.1 Component 1 - Transmissi system 31.3.2 Component 2 - Distribution ystem 6

1.4 LAND ACQUISITION AND DI LACEMENT 61.4.1 Standard land requirement for project infrastructure 61.4.2 Land availability and the n d to acquire additional land 61.4.3 Impact of land acquisition a affected people 7

1.5 POLICIES APPLICABLE TO I OLUNTARY RESETTLEMENT PLANNING 81.5.1 Planning requirements for oluntary reseKtlement in Tanzania 81.5.2 World Bank operational pol y on involuntary resettlement 91.5.3 Objectives and scope of th resettlement policy framework 91.5.4 Disclosure of the resettiem t policy framework 10

1.6 METHODOLOGY AND INFO ATION SOURCES USED 101.7 DESIGN ALTERNATIVES TO 1NIMISE LAND ACQUISITION AND DISPLACEMENT 11

2 PRINCIPLES AND OBJE rIVES COVERING RESETTLEMENTPREPARATION AND IMP EMENTATION 14

3 PREPARATION, REVIEW kND APPROVAL OF THE DETAILEDRESETTLEMENT ACTIO PLAN 16

3.1 NUMBER OF RESETTLEME ACTION PLANS 163.2 ORGANISATIONAL RESPON IBILITIES FOR RESETTLEMENT PLANNING 163.3 RESETTLEMENT PLANNING kCTIVITIES 163.4 REVIEW, APPROVAL AND DI CLOSURE OF THE RESETTLEMENT ACTION PLAN 203.5 INDICATIVE SCHEDULE FO PREPARATION OF THE RESETTLEMENT ACTION PLAN

204 ESTIMATED POPULATIO DISPLACEMENT AND LIKELY CATEGORIES

OF AFFECTED PEOPLE 224.1 LIKELY CATEGORIES OF AF ECTED PEOPLE 224.2 POSSIBLE LOSSES AND IM OTS 254.3 ESTIMATED NUMBER OF AF ECTED PROPERTIES 334.4 ESTIMATED NUMBER OF DI PLACED PEOPLE 34

5 LEGAL AND INSTITUTIO AL FRAMEWORK FOR RESETTLEMENT 355.1 LEGAL FRAMEWORK 35

5.1.1 Land ownership, transfer a acquisition for public purposes 355.1.2 Resettlement entitlements r displaced persons considered to be eligible In terms of

national legislation 365.1.3 Resettlement entitlements r displaced persons not considered to be eligible in terms of

national legislabon 385.1.4 Valuation of acquired land, tructures and assets 395.1.5 Relocation of graves 395.1.6 Responsibility for paying c npensation 40

5.2 INSTITUTIONAL AND ADMIN 1TRATIVE FRAMEWORK 405.2.1 The Tanzania Electricity S piy Company Limited 405.2.2 Local govemment 405.2.3 Ministry of Lands and Hum Settlement Development 415.2.4 National Environment Man ement Council 41

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6 ELIGIBILITY CRITERIA FOR RESETTLEMENT MEASURES 436.1 CUT-OFF DATES FOR ELIGIBILITY FOR BENEFITS 436.2 POSSIBLE CATEGORIES OF DISPLACED PERSONS ELIGIBLE FOR COMPENSATION

436.3 ELIGIBILITY FOR DIFFERENT TYPES OF RESETTLEMENT MEASURES 43

6.3.1 Compensation for land and fixed assets 436.3.2 Option for certain DPs to receive or acquire replacement land provided by the project 456.3.3 Option for certain DPs to receive compensation for residual land and.structures 456.3.4 Transitional allowances 466.3.5 Avoiding temporary accommodation and income losses 466.3.6 Relocation allowances 466.3.7 Permanent employees 466.3.8 Specially vulnerable people 476.3.9 Use of right of ways during and after construction 47

7 METHODS OF VALUING AFFECTED ASSETS 487.1 VALUE OF COMPENSATION AND OTHER RESETTLEMENT ENTITLEMENTS 487.2 IDENTIFICATION OF DISPLACED PERSONS AND INVENTORYING ASSETS 497.3 ASSIGNMENT OF VALUES TO ASSETS AND LOSSES 507.4 INDICATIVE FORMS AND AMOUNTS OF RESETTLEMENT MEASURES FOR ELIGIBLE

DISPLACED PERSONS 508 ORGANISATIONAL ELEMENTS AND PROCEDURES FOR DELIVERY OF

ENTITLEMENTS 538.1 ORGANISATIONAL ARRANGEMENTS FOR IMPLEMENTATION 538.2 RESETTLEMENT IMPLEMENTATION ACTIVITIES 538.3 OTHER ACTIVITIES 548.4 IMPLEMENTATION SCHEDULE FOR RESETTLEMENT 56

9 GRIEVANCE REDRESS MECHANISMS 5710 METHODS FOR CONSULTATION WITH AND PARTICIPATION OF

AFFECTED PEOPLE 5810.1 CONSULTATION AND PARTICIPATION DURING THE PREPARATION OF THE

RESETTLEMENT POLICY FRAMEWORK 5810.2 CONSULTATION AND PARTICIPATION DURING THE PREPARATION OF THE

DETAILED RESETTLEMENT ACTION PLAN 58

11 MONITORING ARRANGEMENTS 5912 INDICATIVE IMPLEMENTATION COSTS 61

LIST OF TABLES

Table 1 Standard land requirements for project infrastructure 6Table 2 Transmission line design and ROW altematives to minimise land acquisition 13Table 3 Suggested organisation units for resettlement action plan preparation 17Table 4 Summary of activities and responsibilities for resettlement action plan preparation 19Table 5 Possible categories of displaced persons 23Table 6 Possible impacts of land acquisition on different categories of displaced persons 26Table 7 Summary of estimated number of affected properties and people based on recent

transmission line design and routing proposal (August 2005) 34Table 8 Broad categories of displaced persons eligible to receive benefits 44Table 9 Proposed entitlement matrix 51Table 10 Suggested organisation units for implementation of the resettlement action plan 54Table 11 Summary of activities and responsibilities for implementation of the resettlement action

plan 55Table 12 Monitoring and evaluation of resettlement and compensation issues 60Table 13 Estimated compensation costs based on August 2005 routing proposals 62

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LIST OF FIGURES

Figure 1 Map of Tanzania showing th location of Dar es Salaam ..................... 2Figure 2 Approximate location of pro sed project infrastructure (as at August 2005) ......... 5Figure 3 Possible organisational stru ure and linkages for resettlement action plan preparation 18Figure 4 Indicative schedule for prep ation of the detailed resettlement action plan ......... 21

APPENDICES - In Volume I I

APPENDIX 1 SUMMARY DESCRIPTI N OF POSSIBLE PROJECT DESIGN AND POTENTIALDISPLACEMENT

APPENDIX 2 METHODOLOGY AND FORMATION SOURCES USED FOR THEPREPARATION OF TH RESETTLEMENT POLICY FRAMEWORK

APPENDIX 3 SUGGESTED STRUCT RE OF THE DRAFT RESETTLEMENT ACTION PLAN

ANNEXES - In Volume 2

ANNEX 1 Final Social Impact Asse sment (November 2005)

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ABBREVIATIONS AND ACRONYMS

CSC Compensation Steering CommitteeDP Displaced personDRT Dispute Resolution TeamDTRP Distribution and Transmission Rehabilitation Project - Dar es Salaam, Moshi and

ArushaESIA Environmental and social impact assessmentGOT Govemment of the United Republic of TanzaniaHIViAIDS Human immune deficiency syndrome/ Acquired immunodeficiency syndromeIDA International Development AssociationkV kilovoltLAVT Land Acquisition and Valuation TeamM&E Monitoring and evaluationMLHSD Ministry of Lands and Human Settlement DevelopmentMOA Ministry of AgricultureNEMC National Environment Management CouncilOP Operational PolicyPCC TANESCO Project Compensation CommitteePRU TANESCO Project Resettlement UnitRAP Resettlement action planRPF Resettlement policy frameworkROW Right of waySIA Social impact assessmentSIT Social Issues TeamTAA Tanzania Airports AuthorityTANESCO Tanzania Electric Supply Company LimitedTANROADS Tanzania National Roads AgencyTRC Tanzania Railways CorporationTSh Tanzania ShillingUSD United Sates DollarWB World Bank

Currencies:

1 United States Dollar (USD) equals (approximately) 1 000 Tanzania Shillings (TSh)

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RESETTLEMENT POLICY FRA EWORK PREPARATION TEAM

D C Hayward, lmpacto, Lda., Maput .* Compilation of the resettlement policyMozambique framework

TANESCO (Environmental Unit), Da es * Environmental inputsSalaam * Confirmation of the approximate

l location of project infrastructure andaffected land

Nyinisaeli Palangyo, Independent | * Socio-economic inputsConsultant (Sociologist), Dares Sal m

F Komu, Majengo Estates Develope , Ltd., * Reconnaissance identification ofDar es Salaam affected properties and displacedM Geho, University College of Land and peopleArchitectural Studies, Dar es Salaan * Reconnaissance valuation of assetsA Mwasumbi, University College of nds * Preliminary determination ofand Architectural Studies, Dar es Sa am compensation

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EXECUTIVE SUMMARY

This purpose of this document is to present a resettlement policy framework (RPF) for thatpart of the Distribution and Transmission Rehabilitation Project - Dar es Salaam, Moshi andArusha (DTRP) to be implemented in the three municipal areas of the city of Dar es Salaamby the Tanzania Electric Supply Company Limited (TANESCO). The DTRP in Dar esSalaam will primarily involve the construction of new 132 KV transmission line in parts of thecity and TANESCO, through the Govemment of the United Republic of Tanzania (GOT), isseeking financial support from the Intemational Development Association to implement theproject.

Despite the considerable economic and social benefits that the project is expected to deliver,the project will initially adversely affect a number of people (currently estimated at nearly9 000 people or around 1 800 households) who will suffer possible physical, economic andsocial losses and negative impacts, in one form or another, due to the need for TANESCO toacquire land for project infrastructure. The RPF is needed to meet the requirements ofTanzanian environmental policies and legislation relating to such land acquisition and thoseof the World Bank Operational Policy on Involuntary Resettlement (i.e. WB OP 4.12) in orderto address the needs of affected and displaced people. In terms of WB OP 4.12 the WBrequires that a RPF or a more detailed resettlement action plan (RAP) be prepared,disclosed in Tanzania (in English and Kiswahili) and in the WB Infoshop, and approved priorto appraisal of the project as a whole.

The RPF has been prepared because the exact location (i.e. routings and alignments) of theproposed transmission lines have not been finalised, the exact location and full extent ofland acquisition is not known, the number and type of affected properties has not beenaccurately determined, the number and characteristics of affected or displaced people is notknown with certainty and required mitigation measures to compensate and/or relocatedisplaced persons (DPs) have yet to be more precisely determined, so that a full RAPcannot be prepared until after project appraisal. The RPF is a statement of the policy,principles, institutional arrangements and procedures that TANESCO will follow for preparinga full RAP and for implementing compensation, relocation and other resettlement measures.

For the purposes of the RPF it is anticipated that only one detailed RAP will be prepared.However, if the detailed design and subsequent construction of various sections of the newtransmission lines are to be undertaken in stages it may prove more suitable to compile anumber of separate, but similar, RAPs.

TANESCO will be responsible for elaborating the RAP. It is proposed that overall oversightand co-ordination of the resettlement planning and implementation process be undertakenby a Compensation Steering Committee (CSC), consisting of the DTRP Project Co-ordinatorand senior representatives of other relevant ministries and the three municipalities. Intemalmanagement of the resettlement programme should be handled by senior TANESCOmanagement staff in a Project Compensation Committee (PCC) while day-to-daymanagement and field co-ordination should be the responsibility of a Project ResettlementUnit (PRU) consisting of TANESCO technical staff, the project design engineers andspecialist consultants. The PRU will manage and co-ordinate specialist field teams, such asa Social Issues Team (SIT), a Land Acquisition and Valuation Team (LAVT) and a DisputeResolution Team (DRT). The PRU will be responsible for elaborating the detailed RAPdocument. The principal activities to be undertaken during the preparation of the RAPinclude:

preparatory activities after finalising the routes of transmission lines;

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* holding public consultation irieetings with DPs and local communities to provideinformation on the project, rm= community representative committees and solicitfeedback;

* physical surveying of wayl ves or right of ways for project infrastructure andmarking affected properties a id structures;

* carrying out a field census to dentify DPs, identify, quantify and value physical lossesand other economic and soc al impacts on DPs and to assist DPs in the process ofapplying for compensation;

* carrying out a socio-econo lic household and community survey to serve as abaseline for planning and fut re monitoring and evaluation;

* elaborating and agreeing ent lement packages for individual DPs;* locating and planning possi e resettlement sites for DPs who have to completely

abandon their landholdings;* making arrangements for c linpensating people in potential resettlement areas for

any losses that they may inc r;* determining the feasibility of ny other income or livelihood restoration measures;* and compiling the draft and f ial RAP documents.

It is anticipated that the preparation )f the detailed RAP will take approximately six months.The RAP will need to be disclose to the DPs and public in Tanzania (in English andKiswahili) and in the WB InfoshoF before being approved by the GOT, particularly theNational Environment Management :ouncil, and the WB.

The backbone of the electricity sup y system in Dar es Salaam is an existing 132 kV hightension (i.e. high voltage) transmiss )n network, utilising self-supporting steel lattice towersin corridors of varying widths, linkin the main Ubungo substation to 132/33 kV substationsat Tegeta, llala and Factory Zone II The existing transmission system does not provide fora reliable supply of bulk power to rnost areas in Dar es Salaam and, together with thepresent distribution system, is unabl ! to meet current and forecast demand in many parts ofthe city, particularly the north-east rn and southern areas. Additional high voltage bulksupply as well as rehabilitation of tl l existing distribution network is urgently needed. TheDTRP is aimed at improving the e isting transmission and distribution systems in Dar esSalaam, as well as in areas in and a Dund Arusha and Moshi in northem Tanzania.

In Dar es Salaam the project will in olve the construction of additional 132 kV transmissionlines, the constnuction of new 13 133 kV substations, the expansion and upgrading ofexisting 33/33 kV substations to 13 /33 kV substations, the rehabilitation of new 33/11 kVsubstations and the construction o rehabilitation of medium and low voltage distributionlines. The project design, including the type of transmission line infrastructure (e.g. towers,poles or buried cables) and the ro tes and alignments of the transmission lines, has notbeen finalised. This will be done Juring the detailed design phase of the project. Thetransmission lines will mainly pas through a number of wards of Temeke, llala andKinondoni municipalities which are medium to densely populated urban residential andcommercial areas and less densely 3opulated semi-rural or peri-urban areas, characterisedby small farming plots.

The transmission lines and other pr ect infrastructure will require the creation of wayleavesor right of ways (ROWs) and neces tate the permanent acquisition of land for these ROWs.TANESCO will acquire this land i terms of the provisions of the Land Acquisition Act(No. 47 of 1967). For safety and rcuity reasons, no or limited other forms of use of theROWs will, in most cases, be possi le. In general, no buildings, structures or tall trees willbe permitted in the ROWs, althoug the use of ROWs for growing short stature crops andundertaking certain activities, sucha informal vending and marketing, may be allowed. Theacquisition of land for ROWs will me n that people and entities who currently own or occupy

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the affected land will lose either their exiting rights over the land if they have such rights or,in some cases, the ability to access or use the land where they do not have such rights.DPs losing land or access to land may also lose buildings, structures, crops, trees and otherfixed assets that will need to be demolished or destroyed when the land is acquired. In tum,DPs may, in some cases, have to physically relocate themselves (i.e. their place ofresidence), affected business and income eaming operations and/or farming activities. Theneed to relocate may then result in losses of accommodation, income from business and/orincome or food sources from farming, although these losses may only be temporary DPsmay also incur other expenses associated with relocation or restoring their incomegenerating activities or livelihoods.

WB OP 4.12 applies to any project, supported by the WB, that involves land acquisition andthat displaces people from land or productive resources and which results in relocation, theloss of shelter, the loss of assets or of access to assets important to production, the loss ofincome sources or means of livelihood or the loss of access to locations that provide higherincomes or lower expenditures to businesses or persons. These processes and outcomesare termed 'involuntary resettlement", or simply "resettlement", even when people are notforced to move. The objectives of the WB policy are that:

* involuntary resettlement should be avoided where feasible, or minimised, exploringall viable altemative project designs;

* where it is not feasible to avoid reseHtlement, resettlement activities should beconceived and executed as sustainable development programmes, providingsufficient investment resources to enable the DPs to share in project benefits. DPsshould be meaningfully consulted and should have opportunities to participate Inplanning and implementing resettlement programmes; and

* DPs should be assisted in their efforts to improve their livelihoods and standards ofliving or at least to restore them, in real terms, to pre-displacement levels or to levelsprevailing prior to the beginning of project implementation, whichever is higher.

The RPF, therefore, lists a number of principles which will be adhered to in the design of theproject and the preparation and implementation of the RAP. Displacement of people,property and livelihoods will be minimised as much as possible by employing appropriatetechnologies and locating project infrastructure in such a manner so as to minimise the needto acquire land and property and to cause as little disturbance and disruption as possible.Where resettlement is unavoidable TANESCO will ensure that sufficient investmentresources are appropriately allocated to ensure that DPs are provided with:

* adequate and appropriate compensation for assets, including land, lost;* compensation for the loss of business profits or opportuntty; and* other measures to assist DPs to restore their livelihoods and regain and ideally

improve their pre-project living standards.

All possible means will be used to ensure that no people are harmed in any way. DPs willbe informed about their options and rights. DPs and other stakeholders will participate in theplanning of resettlement measures and consulted as much as possible. Eligible DPs will beoffered choices among technically and economically feasible resettlement altematives.Resettlement will be provided in accordance with Tanzanian law but will, where appropriate,include additional measures to meet WB requirements. For example the lack of legal rightsto land occupied or used will not preclude a DP from entitlement to resettlement measuresResettlement measures will be provided promptly. Cash will be the preferred form ofcompensation for the loss of land, assets, incomes and for other assistance provided but,where necessary, DPs will be offered replacement land which they may acquire with theproceeds of the compensation received. Such replacement sites will have a combination of

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productive potential, location advan 'ages, accessibility, availability of services and otherfactors at least equivalent to the adv ntages of the old site. Where necessary, specific andadditional assistance will be provide to particularly vulnerable people. Construction work ata particular site will not commence u til DPs have been satisfactorily compensated.

In line with the objective to avoi involuntary resettlement TANESCO carried out anoptimisation exercise during 2005 and considered a number of different project designpossibilities, involving various opti is for transmission line structures, transmission lineroutes, widths of ROWs and the use :f unoccupied land, waste areas and existing road, rail,pipeline and electricity distributio reserves, corridors and ROWs. An additionalconsideration was to allow people D continue to live within and use land in the ROWs.However, due to health, safety and ecurity concems of TANESCO and restrictions on theuse of high tension transmission line ROWs imposed by the Electricity Ordinance (Cap. 131of 1931, Supplementary 57), this will not be possible, although certain activities, asmentioned previously, may be allow d. Although not final, a design proposal put forward byTANESCO in August 2005 envisage the construction of:

* a new 132 kV transmission I ne from Ubungo substation to llala substation, via theexisting 33/11 kV Oysterbay ubstation (to be expanded on the existing TANESCOplot and upgraded to 132/33 V);

* a new 132 kV transmission line from Ubungo to the existing 132133 kV FactoryZone IlIl substation, via the e isting 33/11 kV Kurasini, Mbagala and Factory Zone IIsubstations (to be expanded nd upgraded to 132/33 kV); and

* a new 132 kV transmission lit from the existing 11 33/11 kV Factory Zone substation(to be expanded and upgrad J to 132/33 kV) to a new 132/33 kV substation, north ofFactory Zone II, on an existin TANESCO plot at Kinyerezi.

A combination of standard self-su porting steel lattice towers and tubular steel poles,enabling a more compact arrangem it of the cables and the ability to support more than onecircuit (i.e. multi-circuit line) will be sed. While a 40 m wide ROW is usually required fortransmission lines using steel lattic towers and a 15 m wide ROW for transmission linesusing tubular steel poles, the width c the ROWs will be reduced by using the outer edges ofexisting road and rail reserves, pipe ne corridors and ROWs for electricity distribution lines,thus decreasing the amount of privat i and other land that will need to be acquired.

Since the beginning of the prepar tion of the RPF a number of public communicationmeetings were undertaken by an independent sociologist engaged by TANESCO tointroduce the project to people livin in many of the areas likely to affected, to explain theneed for land acquisition, to explain the resettlement principles to be applied and to solicitfeedback. The results of the exercis l are recorded separately in the Final SIA report whichis also presented as Annex 1 (separi e volume) to this RPF.

The project will affect a number of in ividuals, households, groups, companies or institutionswho are living (i.e. resident), canryin out business or income generation activities, farming(mainly cultivation of crops and tree on small farm plots) or using land for a combination ofthese purposes on plots or other la d that will be acquired in whole in part. DPs will beaffected in different ways.

Some of the DPs are recognised i Tanzanian Law (i.e. The Land Act No. 4 of 1999) asbeing legal property 'owners' or occ pants of land, either through having a granted right ofoccupancy (i.e. a long-term lease fnl m the Sate, with title documents) or a deemed right ofoccupancy (e.g. based on customar, lend tenure or proven long-standing occupancy of land,usually without supporting docume ts). DPs in this category will lose their land and,possibly, buildings, other fixed asse Is (e.g. boundary walls and wells) and crops and trees

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but in many cases the losses will be small, requiring no physical relocation of the household,the business or the farming operations or only requiring relocation to the residual (non-acquired) portion of the affected plot. Where losses are greater (e.g. total loss of land, lossof 50% or more of land or where the residual in no longer viable for continued use) completeabandonment of the property and relocation of the household, business or farmingoperations to a new site will be necessitated.

In accordance with Section 3 of the Land Act eligible property owners will be compensated incash for their losses of land and un-exhausted improvements (including crops and trees) atthe market rate of the property. For land and improvements this will be determined using thedirect comparison method, evidenced by actual recent sales of similar properties, or usingthe replacement cost if this is more appropriate or higher than the comparison method. Thevalue of crops and trees will be determined using the incomes approach, based onestimating the productive capacity of an average tended crop and then capitalising the netannual value of crop production at the average bank lending rate. To cater for possiblehardship, disturbance and inconvenience a disturbance allowance, determined as apercentage (e.g. 5%) of the compensation paid for the land acquired, will be awarded.

DPs in this category who have to relocate, even over very short distances, may suffer theloss of accommodation while they are looking for altemative accommodation or are buildingnew houses. In conformity with the legislation they will be paid an accommodationallowance calculated as the cost of renting altemative premises for 36 months. Other DPsmay, likewise, suffer losses of income or profit while re-establishing their business elsewhereand will be paid a loss of profit allowance equivalent to their net monthly profit, as evidencedby audited accounts or municipal trade lists where accounts are not available, over a 36month period.

Where DPs in this category are required to relocate they will generally incur expenses formoving fumiture, equipment or business inventory to new premises The Land Regulationsrequire that they be paid a transport allowance which will be the local cost of transporting12 t of goods for 20 km by road.

DPs will generally only be paid for the portion of their land and fixed assets actually taken.However, in situations where the greater part of the property is acquired (i.e. more than 50%of the land and fixed assets are taken) or the residual is no longer viable for continued usethe DP will have the option to require the project to acquire the residual and forcompensation to be paid for the total holding.

Compensation will be paid in cash which will allow the DP to purchase replacement landand/or assets, purchase or construct replacement buildings and/or re-establish business orfarming operations according to his or her own wishes. Where a DP has to abandon his orher property completely and relocate away from the site the DP will be paid the appropriatecompensation but will be given a purchase option on a replacement plot offered by theproject, in conjunction with the relevant municipality, in another area (e.g. a resettlementarea).

Tenants, with formal lease contracts or only informal lease agreements, will also bedisplaced by the acquisition of land and will be required to vacate all or part of the rentedproperty, In many cases there is more than one tenant living on rented property, e.g. anumber of tenants renting rooms on a property. Tanzanian law relating to land acquisitionand compensation does not recognise tenants as being property owners or eligible forcompensation. However, WB OP 4.12 recognises them as being eligible to receive someresettlement entitlements, such as relocation assistance. As tenants will suffer no economicloss of land and structures they will not be compensated for such losses, except in cases

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where a tenant has made un-exhaus d improvements with the agreement of the landlord.The project will, however, pay affe ed tenants a standard disruption allowance of, forexample, TSh 100 000 in lieu of the d turbance allowance.

As is common practice, landlords will e required to give tenants three months' notice whichshould enable them to find altemativ accommodation or premises before they are requiredto leave and, therefore, enable th to resume their residential, business or farmingactivities elsewhere, with minimal di ption and loss of accommodation or income. Theywill, therefore, not be eligible for ac mmodation or loss of profit allowances. The projectwill, however, provide tenants assi ance to help them locate altemative housing andpremises and reclaim advance rent payments from landlords where there are problems.Where necessary, the project will p vide free transport to enable tenants to move theirbelongings to altemative locations.

It is expected that some DPs will be :ccupying or using public land and land within publicsafety zones (e.g. pavements, road rges, land along streams and existing utility ROWs)for a number of purposes. Legally, ey have no recognised property rights over the land.Informal occupiers include informal ettlers (squatters), informal businesses and peoplecultivating vacant land (encroachers). Some informal business are operated from fixed sitesand use small fixed or not easily mov d structures (e.g. kiosks) or operate from fixed sites inthe open without fixed assets but ere the goods are removed on a daily basis (e.g.roadside plant nurseries and door fra e manufactures and sellers). Others are semi-mobilestreet vendors, with no fixed assets, perating from a fixed site and removing their waresdaily (e.g. pavement vendors using ables). Highly mobile itinerant street vendors andhawkers also operate from time to tim in areas to be acquired by the project.

As for tenants, the legislation does no consider such 'illegal' or informal occupiers of land tobe eligible for compensation, even th gh some of them may lose access to land, lose fixedassets that belong to them and/or su r other adverse impacts due to the taking of the land.WB OP 4.12 recognises that sorr informal occupiers, without officially recognisedoccupancy rights, may be eligible fo some form of resettlement entitlement in respect oftheir losses. Informal occupiers who re permitted to continue their activities within ROWseither during or after construction as elI as itinerant hawkers will suffer no or very minimallosses and will not be eligible for comr nsation in terms of the RPF.

Eligible informal occupiers who per nently lose access to the public land that they areusing will be offered altemative sites r vending spots nearby by the project in collaborationwith the relevant municipalities. The ill also be provided with a fixed disruption allowanceof, for example TSh 100 000. Info I occupiers who have installed fixed structures andassets will, as for property owners, be ompensated in cash for these.

In order that informal settlers (squatte ) do not lose shelter after they abandon their presentresidential sites they will be requi d to construct, using the compensation received,replacement shelter at the altemativ site provided by the project before they abandon thepresent site. The project will pay uch informal settlers a loss of eamings allowance(equivalent to the minimum wage fo one month) to compensate for the possible loss ofwages or income while they are re- ilding. They will be provided with free transport torelocate their personal belongings. erever possible, in the interests of poverty alleviationand improving the standards of living f DPs, eligible infomnal settlers will be included in on-going municipal housing programm , through which they may be allocated a plot andhouse for free or with an assistance p ckage.

Where necessary, eligible informal b iness operators will also be given a loss of eamingsallowance (equivalent to the minimu wage for one month) to compensate them for loss of

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Tanzania Electric Supply Company Limited Proposed 132 kV Transmission Lines in Dar es SalaamDistrbution and Transmission Rehabilitation Project Resettlement Policy Framework(Dar es Salaam, Moshi and Arusha) Revised January 2006

income while re-establishing their business operations at a new site. Free transport for theirmovable assets and wares will also be provided.

DPs in all categories will have the right to salvage material from affected structures andassets. They will also be encouraged to harvest any standing crops prior to acquisition tominimise possible losses of income and/or food sources.

Affected permanent employees will be provided with a loss of eamings allowance, to bedetermined on a case by case basis, for loss of income incurred as a result of temporary orlonger-term loss of employment. The needs of specially vulnerable people will be assessedon a case by case basis and additional assistance provided if required. It is proposed thatsuch DPs be also provided with a vulnerability allowance of, for example, 5% of the normalcompensation to be paid to them. In accordance with the Graves Removal Act (1968) therelatives of people buried in graves that have to be relocated will be provided with a freealtemative burial site by the respective municipalities and be paid cash compensation atrates set by the municipalities.

A proposed entitlement matrix is presented in the table below. Entitlements in italics indicatemeasures in addition to those prescribed in Tanzanian legislation to meet requirements ofWB OP 4.12).

The number of DPs in each category will be determined during the preparation of the RAP.However, estimates derived from the spot enumeration and valuation exercise carried outduring 2005 indicate that 1 788 properties or units will be affected. Taking each of these toroughly represent on household, with an average of five persons per household, 8 940people will be affected. These figures are likely to be an underestimation since thepreliminary enumeration exercises did not consider tenants and informal occupiers of landwith very small land areas and structures.

The RPF outlines the procedure to be followed during RAP preparation and responsibilitiesfor identifying eligible DPs and for determining individual entitlement packages. In summarythis is:

* surveying and marking of ROW limits and property and infrastructure within theROWs;

* holding of public consultation meetings and creation of DP representativecommittees;

* identification of DPs, confirmation of tenure status, tenancy and employment;* conducting a baseline socio-economic survey of affected people and communities;* serving notice on DPs to apply for compensation and providing a letter explaining the

project, cut-off dates, general eligibility, general compensation rates and values,rights and grievance mechanisms;

* carrying out a census of DPs and compiling an inventory of losses;* completing valuation data sheets and adjudication plans, to be counter-checked and

signed by the DP and local leaders;* assisting DPs to complete an application for compensation by land occupier form;* discussing and agreeing on compensation and any relocation entitlements;* agreeing valuation specifications;* submitting a valuation report to the Chief Govemment Valuer;* working out individual entitlement packages; and* completing compensation schedules (to be countersigned by the relevant Sub-ward

Chairman, Ward Executive Officer, Municipal Lands Officer, District Commissionerand Regional Commissioner.

lmpacto, Lda - Projectos e Estudos Ambientaisxii

all iixti a3els i,y baKU. tAf uy dnUWdfl. ~,IdrW ...,..,,, ...n,anc,uo gat r(inc (Reienil 0 (nludingd3clros and u (direct oDparison approach). road for 20 km) affected buildings multiplied by36 buildings when residua isn

mixed) tree crops) For crops at detennined mnarket montnhs viDife or b3tss giTeein man 50Tovalue of crops (eamings ORapproach) Businesses: Loss of Drofit

allowance (assessed net monthlyprofrt multiplied by 36 monthsORFarmers: Loss of farm income orfood sources covered by cashcomoensation for crops

Access to rented land, No loss of land and buildings Free transpo,f by project o goods Disruption allowance of Free assistance by project to findproperty and belonging to tenant to new accommodation or Tsh 100 000 alftenative accommodationaccommodation premises Free assistance by project to

Loss of accommodation, obtain refund of advance rental

Tenant (format or business income or fanm income payments from ownerinformal) or food sources: No toss. Tenant

to be provided with three months

Residential, business. ie ses(nldn t____________ notice by landlordfarrning or nnixed) Fixed assets (irncluding tCash compvensation at ocbvlnor

crops and tree crops) detenrined market value ofbelonging to tenant structures (direct compnarisonand instaltation agreed approach). For crops: atwith landlord determined market vafue of crops

I (eamings aWyach)

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xiii

to occupant deternined market value of crps new site developed(eanings appr,ach)

Loss of farm income or foodsources covered by cash

___ ___ ___ ___ ___ ___ ___ ___ _ _ ___ ___ ___ ___ ___ ___ ___ _ _ coeme nsalion for cropsEmployment eamings No loss of land and buildings Loss of eanings allowance for(temporary or long- belonging to employee period of expected temporary orterms) loniger-term unemployment

Permanent (equivalent to actual monthlyemployees wage of DP multiplied by

expected number of months ofunemployment). To beindividually assessed.

Reltive of peopl Access to bnd Option for DP to relocate grave inbrltied In grs v altemative burial site provided byburle In gavesmunicipality

Graves and Cash comoensaton t relocate :tombstones graves at standard municioal

_____ ____ ____ ____rafes

Specially vulnerable As for other categonres Vulnerability allowance at 5% of Special assistance from projectpeople_I_I normal compensation payable on a case bv case basis

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Tanzania Electric Supply Company Lmited Proposed 132 kV Transmission Lines in Dar es SalaamDistribution and Transmission Rehabilitation ject Resettlement Policy Frarework(Dar es Salaam, Moshi and Arusha) Revised January 2006

It is recommended that TANESC maintains similar structures established for thepreparation of the detailed RAP to s pervise, manage and carry out the implementation ofthe RAP, for which it will be responsi . These include the CSC, the PCC, the PRU and theDRT. The project will also appoint a gal consultant to deal with problems that tenants mayhave with landlords, such as the refu of advance rental payments. The RPF lists activitiesto be undertaken during the impleme ation of the RAP, In summary, these include:

* preparatory activities;* planning and preparation of r ettlement areas and sites;* delivery of entitlements to s (inclining affected "hosts" in resettlement areas).

Actual payment of compensa n and delivery of other entitlements will primarily beundertaken by staff from the r evant municipalities with support from the PRU;

* allocation of replacement land nd sites, where applicable* activities necessary prior to s abandoning acquired land and, where applicable,

relocating to residua I parts of ected land or to new locations;* demolition of structures in t e ROWs and commencement of transmission line

construction activities;* re-establishment of residen s, businesses and farming activities by DPs in

accordance with their own wis es, plans and schedules; and* monitoring and evaluation of r ettlement implementation and impacts.

Grievances and disputes related to r ettlement in general, and compensation in particular,will be handled by the DRT which wil as far as possible, attend to disputes on the ground.Where disputes cannot be resolved b the DRT they will be referred to the CSC and then tothe relevant Municipal Director who 11 consult with all interested parties. Unresolved landdisputes may be referred to the ap priate level of land courts. If disputes cannot beresolved by Municipal Directors or th local courts application can then be made to the HighCourt of Tanzania for resolution, who! decision will be final.

It is proposed that community repres tative committees be established in various areas toprovide a plafform for co-operation b een the planning teams and the DPs and to ensurethe full participation of the DPs and ot r stakeholders in the planning process.

Throughout the resettlement implem ntation process the PRU will maintain records of allprogress and submit regular reports the CSC, via the PCC. Both intemal and extemalmonitoring and evaluation (M&E) wil be undertaken during implementation, and for sometime afterwards, in order to monitor E d evaluate, among others, implementation progress,compensation and resettlement po ies, delivery of entitlements satisfaction with theresettlement process, impacts on livel oods and incomes among DPs, and consultation withand participation of DPs and other takeholders. Appropriate indicators and means ofverification will be developed during t preparation of the detailed RAP. It is proposed thatintemal participatory M&E be und aken by an independent sociologist engaged byTANESCO. Extemal M&E should b conducted through WB missions deployed to monitorand evaluate the overall DTRP.

A budget for the implementation O compensation, relocation and other resettlementmeasures will be developed during th preparation of the detailed RAP, once the full extentof land acquisition and resettlement easures is known. From the preliminary valuationexercises, based on the TANESCO A gust 2005 project design proposals, it was estimatedthat cash compensation would amou to USD 16 078 270 or USD 8 992 per property unit orUSD 1 799 per person. This estima e does not include possible compensation costs fortenants and informal occupants, the c sts associated with possible compensation for peopleliving in potential resettlement areas ( e. host populations), possible costs for grave removalnor the costs associated with plannin nd developing such areas.

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I

Tanzania Electric Supply Company Limited Proposed 132 kV Transmission Lines in Dar es SalaamDistribution and Transmission Rehabilitation ject Resetlement Policy Framework(Dar es Salaam, Moshi and Arusha) Revised January 2006

1 THE PROJECT, LAND AC UISITION AND RESETTLEMENT

1.1 PURPOSE

The purpose of this document is to resent a resettlement policy framework for that part ofthe Distribution and Transmission Re abilitation Project (Dar es Salaam, Moshi and Arusha)that the Tanzania Electric Supply C npany Limited (TANESCO) is proposing to implementin Dar es Salaam. Its approval and isclosure are required prior to appraisal of the overallproject by the World Bank which h been requested to provide financial support for theproject.

This document focuses on that part of the project to be implemented in Dar es Salaam.Although the policy framework is p sented as a separate, stand-alone document to theproject environmental and social imp ct assessment (ESIA) report prepared in April 2005, itis an integral component of that re ort, particularly its environmental management planrecommendations.

1.2 BACKGROUND TO THE PR JECT

Nearly all the generation, transmissi i and distribution of electricity in mainland Tanzania isundertaken by TANESCO which i a public company that is wholly owned by theGovemment of the UnHed Republic Tanzania (GOT). TANESCO is responsible for about98% of the country's electricity suppl

The demand for electricity in Tanz ia has been increasing rapidly due to the growingeconomic and social situation in th country. The average growth of the customer basesince 2000 is between 6% and 9%. owever, power outages, deterioration of power quality(i.e. under voltage) and technical an non-technical losses have also increased, mainly dueto the overload experienced in s me substations and the ageing transmission anddistribution networks.

Dar es Salaam is situated on the eas m coast of Tanzania (Figure 1). With a population ofnearly 2,5 million people' (2002 cens ), it is the largest city in Tanzania and is the country'slargest sea port and principal com ercial, industrial and educational centre. AlthoughDodoma is the capital of Tanzania m t govemment ministries and administrative institutionsare still located in Dar es Salaam. early 60% of households in the city have access toelectricity.

The backbone of the electricity suppl system in Dar es Salaam is an existing 132 kV hightension (i.e. high voltage) transmissi n network which is connected to the 220 kV nationalgrid at Ubungo substation (i.e. a 22 132/33/11 kV substation), some 12 km north-west ofthe city centre. From Ubungo 132 transmission lines supply power to three other bulkdistribution/load centres (i.e. 132/33/ 1 kV substations) at Tegeta to the north of Ubungo,Ilala to the south east and Factory Mne IlIl to the south (see Figure 2). The high voltageconductors (i.e. cables) are carried y self-supporting steel lattice towers that have beenconstnucted within corridors of varyin widths.

This is the population of Dar es Salaam r on wNch comprises three municipalities (i.e. Temeke, Kinondoniand llala) and essentially covers the area knoy n as the city of Dar es Salaam.

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Tanzania Electric Supply Company Limted Proposed 132 kV Transmission Lines in Dar es SalaamDistribution and Transmission Rehabilitation Project Resettlement Policy Framework(Dar es Salaam, Moshi and Arusha) Revised January 2006

e 1 Mp oDar f T salatm~~~W.rlj;Dar es 3allam

KIOM

,iiUKWA ';- LA-x M

7 EA tlLKAe1 > INDIAhF (i.e. me m v e dis t le s

Tanzania , . V > .-. 'IO>> 1 y-

\ I;t r \ ^, g--rBI UES

Figure 1 Map of Tanzania showing the location of Dar es Salaam

From the four main substations 33 kV (i.e. medium voltage) distribution lines supplyindustrial areas and other single large consumers while 33 kV sub-transmission lines feedaround twenty primary (i.e. 33/11 kV) substations. The 33 kV conductors are usually carriedby treated wooden poles with horizontal cross arms and post type insulators.. The lines areusually located alongside roads and both single and double circuit lines exist. Radialnetworks of medium voltage (i.e. 11 kV) and low voltage (i.e. 0,4 kV or 0,23 kV) distributionlines serve as the main distribution system supplying consumers from the four main (i.e.132133/11 kV) and other primary (i.e. 33/11 kV) substations.

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Tanzania Electric Supply Company Limited Proposed 132 kV Transmission Lines in Dar es SalaamDistribution and Transmission Rehabilitation ject Resettlement Policy Framework(Dar es Salaam, Moshi and Arusha) Revised January 2006

The existing electricity supply syste n in Dar es Salaam is unable to meet the growingdemand for electricity by existing and potential consumers. The high voltage bulktransmission system does not exten to many parts of the city, particularly in the north-eastand south, and most of the equip nt in the main 132/33/11 kV substations is old andoverloaded. At the same time the exi ing distribution system (i.e. 33 kV and II kV lines and33/11 kV substations) is inadequate nd overloaded. Line tripping occurs frequently andmany of the lines are extremely Ion which contributes to distribution losses and the lowvoltages experienced by consumers In order to cover the full power demand in Dar esSalaam, reduce losses, decrease v tage drops and increase the reliability of the systemadditional high voltage (e.g. 132 kV) ulk supply and the rehabilitation and expansion of theexisting distribution system are urgen y needed.

In 2002 TANESCO, in collaboration ith the Japanese International Co-operation Agency,prepared a master plan to improve th power situation in Dar es Salaam and the main townsof Kilimanjaro and Arusha regions i the north of the country. Subsequently, TANESCOcommissioned several studies2 whic identified priority areas and the type of investmentneeded by TANESCO to optimall utilise the available resources to achieve desiredobjectives.

Based on the studies, TANESCO h approached various financing institutions, includingthe World Bank (WB), to assist in i lementing different components of the master plan.TANESCO and the International Dev lopment Association (IDA) are currently preparing theDistribution and Transmission Reha ilitation Project - Dar es Salaam, Moshi and Arusha(DTRP) as a follow-on component f the Songo Songo Gas Development and PowerGeneration Project (credit 3569-TA) The DTRP aims to improve the reliability and thequality of electric power supply to c sumers in Dar es Salaam and in and around Arushaand Moshi in northem Tanzania. Th roject is intended to achieve the following objectives:

* reduction of the duration and i quency of power interruptions;* improvement of voltage condi ns at consumers' premises; and* reduction of power system los s.

1.3 SUMMARY DESCRIPTION C MAIN PROJECT COMPONENTS

A detailed description of the project a d its components is presented in the Project AppraisalDocument and the Project Impleme tation Plan. In Dar es Salaam the DTRP has twoprincipal infrastructure-related compo ents.

1.3.1 Component I - Transmissi system

Component I will support the instal tion of new transmission infrastructure to principallysupply bulk power to areas with high oad densities and to new supply areas, particularly inthe north-eastem and southern parts f the city. Component I will involve the:

2 E.g the Relief Project il, prepared by NET roup Solutions (Pty) Ltd of South Africa in 2004, and a feasibilitystudy for the Reinforcement and Upgrade the Dar es Saiaam, Kilimanjaro and Arusha Transmission andDistribution Systems, prepared by Lahmeyer eemational of Gemiany in December 2004.

3 The Songo Songo Project was implement during the late 1990s to improve the availability of electricity inTanzania, and in Dar es Salaam in particular It involved the development of the Songo Songo natural gas fieldin Kilwa district, southem Tanzania. the cotruction of gas processing facilities on Songo Songo island, theconstruction of a 300 mm pipeline to transpo the gas to Ubungo in Dar es Salaam and the construction of a gasturbine power station at Ubungo. The Songo ongo Project was implemented by Songas, a company specificallyestablished for this purpose. TANESCO is or of the partners in Songas.

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Tanzania Electric Supply Company Limited Proposed 132 kV Transmission Lines in Dar es SalaamDistribution and Transmission Rehabilitation Project Resetttement Policy Framework(Dar es Salaam, Moshi and Arusha) Revised January 2006

* constnuction of new 132 kV transmission lines: Different types (i.e. designs) may beused for all or specific sections of the proposed 132 kV transmission lines. Theseinclude:

fairly widely spaced overhead conductors (i.e. cables) carried by self-suDoortina, steel lattice towers: This is the standard design commonly usedfor high tension transmission lines in Tanzania and elsewhere. The towerscan be designed to carry more than one circuit. This option is often thecheapest, in terms of construction and subsequent maintenance costs;

* more compactly spaced overhead conductors carried by tubular steel woles:This type of transmission line often accommodates one or more circuits (e.g.a 132 kV line and a 33 kV line) as a multi-circuit line. Construction costs aresimilar to those for steel lattice towers; and

* buried cables: This is the most expensive option in terms of construction andsubsequent maintenance costs;

* construction of new 132/33/11 kV substations: New 132/33/11 kV substations will bemodular. The 132/33 kV part will be of the open air type with, usually, two line baysand two transformer bays. The 33/11 kV part will be housed in a metal-clad,prefabricated indoor type unit;

* installation of additional 132/33 kV components to existing 132/33/11 kV substations:Additional 132/33 kV transformers and line bays will be installed in some of theexisting 132/33/11 kV substations to serve the proposed new 132 kV transmissionlines; and

* extension and upgrading of existing 33/11 kV substations to full 132/33/11 kVsubstations: Some existing 33/11 kV substations will be expanded and upgraded to132/33/11 kV substations with the addition of new 132/33 kV transformers and linebays (usually two of each) to serve the proposed new 132 kV transmission lines.

Component 1 will be implemented in a number of wards in Temeke, Kinondoni and Ilalamunicipalities in Dar es Salaam. The location (i.e. routing) of new transmission lines andother project infrastructure is still being planned and has not been finalised. As part of itsefforts to meet overall project objectives, satisfy engineering and safety requirements,reduce the negative impacts of the project on people and their property and reduce projectcosts, TANESCO has been considering a number of transmission line routing andinfrastructure location altematives. Although not final, a proposal put forward by TANESCOin August 2005 for Component 1 (see Figure 2) will involve the:

* construction of a new 132 kV transmission line from Ubungo substation(220/132/33/11 kV) to llala substation (132/33/11 kV), via the existing Oysterbayprimary substation (33/11 kV) which is to be expanded on the existing TANESCOplot and upgraded to a 132/33/11 kV substation. This line will be used to close a132 kV circular link in the north-east of the city from Ubungo to Oysterbay to llala andback to Ubungo;

* construction of a new 132 kV transmission line from Ubungo to the existing FactoryZone IlIl substation (132/33/11 kV), via the existing Kurasini, Mbagala and FactoryZone il primary substations (33/11 kV) which are to be expanded and upgraded to132/33/11 kV substations. This line will be used to close a 132 kV circular link in thesouthern part of the city from Ubungo to Kurasini to Mbagala to Factory Zone II toFactory Zone IlIl and back to Ubungo; and

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Tanzania Electric Supply Company Limited Proposed 132 kV Transmission Lines in Dar es SalaamDistribution and Transmission Rehabilitation oject Resettlement Policy Framework(Dar es Salaam, Moshi and Arusha) Revised January 2006

Mbaais ';'

Factory Zone III I/

Kinysrezi S/s

junction to C A

Oystarbays \ 5 , ,. ', ' .

-- .- :.'oS/SS t

LEGEND

- Exering 132 kV trarnsmisson kne

- Propoed 132 kV tansnission i-w

* existng 13=13kV substation (SIS)

o Exi"sng 11 kV substation (to beupgradsd)N

* Proposed 132I3 kV subsation . , - -i

Figure 2 Approximate location proposed project infrastructure (as at August 2005)

* construction of a new 132 I transmission line from the existing Factory Zone IIprimary substation (to be exp ded and upgraded to a 132/33/11 kV substation) to anew 132/33/11 kV substation orth of Factory Zone II, on an existing TANESCO plotat Kinyerezi.

Further details of this and earlier des n and routing proposals are presented in Appendix Ito this report (separate volume). It is emphasised that the proposal is tentative and issubject to change. The detailed tec ical and engineering design of the project will not becompleted until after project appr al so that, while the general location of projectinfrastructure has been proposed, t type of 132 kV transmission lines to be used for

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Tanzania Electric Supply Company Limited Proposed 132 kV Transmission Lines in Dar es SalaamDistribution and Transrission Rehabilitation Project ResetUlement Policy Framework(Dar es Salaam, Moshi and Arusha) Revised January 2006

specific sections, the exact alignment of transmission line sections and the final location ofall substations and other infrastructure have not been finally determined.

1.3.2 Component 2 - Distribution system

Component 2 will support the extension, upgrading and rehabilitation of existing distributioninfrastructure in various parts of Dar es Salaam. It will involve the:

* construction, repair and upgrade of 33 kV and 11 kV distribution lines: New 33 kVand 11 kV distribution lines will be constructed and some existing lines repaired andupgraded to feed load centres from various substations. For these medium voltagedistribution lines single or double circuit lines, carried by wooden or reinforcedconcrete poles: or buried cables will be used; and

* rehabilitation of existing 33/11 kV primary substations: Around 18 existing 33/11 kVprimary substations will be rehabilitated to metal-clad, prefabricated indoor type,composed of individual cubicles.

1.4 LAND ACQUISITION AND DISPLACEMENT

1.4.1 Standard land requirements for project infrastructure

New transmission lines, new substations and extensions to existing substations to beestablished under Component 1 of the project will occupy land permanently. For hightension overhead transmission lines self-supporting steel lattice towers and tubular steelpoles individually occupy relatively small areas of land. However, for health, safety, securityand maintenance purposes a cleared strip of land is required undemeath the conductors andbetween the towers or poles. Such transmission lines, therefore, require a wayleave or rightof way (ROW), the standard width of the ROW varying according to the type of transmissionline stnucture used. Although installed underground, high tension buried cables require asurface ROW. The total amount of land required for ROWs for the proposed 132 kVtransmission lines will depend on the type of structure to be used for a particulartransmission line or for individual sections of a transmission line. Standard landrequirements for project infrastructure are listed in Table 1.

Under Component 2 of the project new medium voltage distribution lines will require narrowland corridors. No new 33/11 kV substations are envisaged and medium voltage to lowvoltage transformers will usually be pole-mounted.

Table I Standard land requirements for project infrastructure

TYPE OF INFRASTRUCTURE WIDTH OF LAND AREAROW __ _ _ _ _

132 kV transmission line - standard, self-supporting, steel lattice towers 40 m132 kV transmission line - compact design, steel tubular poles 15 m132 kV transmission line - buried cables (underground) 5 mNew 132/33/11 kV substation 3 200 m'Expansion of 33/11 kV substation to 132133/11 kV substation (additional) ± 2 000 m;33 kV distribution line 10 m11 kV distribution line 5 m

1.4.2 Land availability and the need to acquire additional land

For the installation of new project infrastructure TANESCO will, where possible, utilise landover which it already has the right of occupation or use. This includes existing transmissionline and distribution line corridors and substations (although these may need to be

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Tanzania Electric Supply Company Limited Proposed 132 kV Transmission Lines in Dar es SalaamDistribution and Transmtssion Rehabilitation oject Resettlement Policy Framework(Dar es Salaam, Moshi and Arusha) Revised January 2006

expanded) and vacant plots of land :wned by TANESCO. However, the amount of suchland in the project area is very li ted and the utility will need to permanently acquireadditional land for project infrastruct re from other sources. Additional land will need to beacquired primarily for new or expa ed ROWs and substations to be established underComponent 1 of the project. It is n expected that the implementation of Component 2 ofthe project will require significant am nts of additional land.

Where possible, public and land u d for public safety zones, such as unallocated andunoccupied Sate land, "waste" land ong water courses, road and railway line reserves andexisting water, natural gas and pet leum pipeline corridors and ROWs, will be utilised.However, it will not be possible to loc te all project infrastructure within such land.

Therefore, TANESCO will need to pe manently acquire a significant, but as yet unconfirmed,amount of land in Dar es Salaam hich is currently owned, occupied or being used bypeople and institutions for residentia commercial, industrial, agricultural (e.g. crop farming)and other purposes. TANESCO ill acquire the land by application of the relevantprovisions of the Land Acquisition Ac (No. 47 of 1967) and the Land Act (No. 4 of 1999).

1.4.3 Impact of land acquisition affected people

Although the exact alignment of I nsmission lines and the location of other projectinfrastructure have not been finalised and approved, preparatory studies for the DTRP4indicate that the land to be acquired r ROWs is mainly located in:

* medium to high population density built-up urban residential, commercial andindustrial areas: These range from well-established, relatively well servicedsuburban areas with medium o high value properties, owned mainly by people withlegally recognised occupanc rights5, to unplanned settlements, with smaller plotsand lower value properties occupied by people with and without recognisedoccupancy rights; and

* low to medium population nsity semi-rural or peri-urban mixed residential andagncultural areas (e.g., cons ting of small farm plots): Residential structures areoften included on the sm plots. Most occupants have legally recognisedoccupancy rights.

Acquisition of the land needed for RX Ws and other infrastructure will cause affected people,organisations and entities with legal recognised occupancy rights to lose those rights inrespect of the acquired portion of nd. Affected people without recognised occupancyrights6 will also have to abandon t land that they are occupying or using. For peoplewhose land is acquired by the projec his will result in one or more of the following:

* physical displacement: It is e pected that some affected people will have to abandonhouses or shelter on the ac uired land and have to relocate to the non-acquired

E.g. 1) Feasibility study prepared by Lah yer International in December 2004. 2) Reconnaissance survey.undertaken by TANESCO and two registered roperty valuation consulting teams in January and February 2005,to compare construction and compensation osts and the potential number of affected properties for differenttransmission line design and ROW altemativ . 3) ESIA for the DTRP prepared by TANESCO in April 2005. 4)Additional spot enumeration and valuation xercise carried out in August and September 2005 by the tworegistered property valuation consulting team5 I.e. a granted right of occupancy (effectivel a lease from the Sate) with title documents, or a deemed right ofoccupancy (based on customary tenure o proved long-standing occupancy) most often without supportingdocuments.

6 E.g. 'Squatters, encroachers- and pavem t or street vendors and hawkers.

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Tanzania Electric Supply Company Limited Proposed 132 kV Transmission Lines in Dar es SalaamDistribution and Transmission Rehabilitation Project Resettlernent Policy Framework(Dar es Salaam, Moshi and Arusha) Revised January 2006

portion of an affected plot (i.e. over short distances) or to a completely new location(i.e. over longer distances). Some business may also be physically displaced;

* economic displacement: Affected people may suffer the loss of the value of affectedland and fixed assets (e.g. structures, boundary walls, crops and trees), the physicalloss of assets or resources important for production (e.g. farm land and land used foroutdoor business activities), the loss of access to these assets or resources or theloss of income sources or means of livelihood; and

* social displacement: In some cases affected people may be adversely affected bythe loss or breakdown of social, cultural and spiritual networks and stnuctures,particularly if they have to relocate away from the affected area.

Displacement will, generally, be permanent. However, TANESCO has indicated that it willpermit affected people to use parts of the ROWs after construction of the transmission linesfor certain purposes, such as crop farming and vending, provided that these do not present asafety hazard to people and do not interfere with the operation and maintenance of thetransmission lines. Restrictions will be applied, e.g. on the type of crops which can be grownas tall trees and crops cannot be grown under the transmission lines. To control the use ofthe ROW and avoid future misunderstandings it is recommended that TANESCO introducesa permit or tenancy system for the use of land within the ROWs.

Although not directly related to the acquisition of land for project purposes it is possible thatconstnuction teams may adversely impact on (e.g. damage) land or property located outsidethe ROWs. The affected people will, therefore, suffer losses which may be temporary orpermanent and such displacement will need to be dealt with accordingly.

1.5 POLICIES APPLICABLE TO INVOLUNTARY RESETTLEMENT PLANNING

1.5.1 Planning requirements for involuntary resettlement in Tanzania

The GOT recognises that projects which displace people involuntarily can potentially giverise to economic and social hardships and be detrimental to the environment. It furtherrecognises that people to be displaced by a project, such as the DTRP, should receivebenefits from it and that the quality of life of those affected by the project is restored andeven improved. Accordingly, the GOT has set out three overriding objectives to guideresettlement planning and implementation, i.e.: avoidance, compensation and replacement.The basic premise is that the affected people should not be left in a worse position than theywere before project implementation.

Although there is no specific policy or procedural guideline on involuntary resettlementplanning in Tanzania, the environmental regulations and guidelines require that for projectsinvolving the displacement of people and property the arrangements for compensating andresettling displaced people must be included in the environmental studies which are requiredin terms of the legislation'. Resettlement planning is required to follow the policies andprocedures outlined in the Land Acquisition Act (No. 47 of 1967), the Land Act (No. 4 of1999), the Village Land Act (No. 5 of 1999) and their associated Regulations. Theresettlement arrangements may be presented as a separate compensation and resettlementplan.

The environmental studies have to be reviewed and approved by the National EnvironmentManagement Council (NEMC) which has to be satisfied that appropriate arrangements havebeen planned to adequately and appropriately compensate the affected people for theirlosses including, where necessary, arrangements for relocation. On the basis of the

'These include. for example, environmental impact assessments and management plans.

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Tanzania Electric Supply Company Limited Proposed 132 kV Transmission Lines In Dar es SalaamDistribution and Transmission Rehabilitation iroject Resettlement Policy Framework(Dar es Salaam, Moshi and Arusha) Revised January 2006

recommendation of the NEMC, the. Ainister responsible for the environment may issue anenvironmental permit to the project eveloper or proponent. Such a permit is required formany projects, including the coni truction of high voltage transmission lines, beforeimplementation of the project may co nmence.

1.5.2 World Bank operational poE cy on involuntary resettlement

Because that part of the DTRP to b implemented in Dar es Salaam is expected to receivefinancial support from the WB groL and will involve land acquisition and the involuntarydisplacement of people, the Ba 's Operational Policy on Involuntary Resettlement(OP 4.12) must be applied to the p ject8. This safeguard policy is applied to any projectthat displaces people from land or oductive resources and which results in relocation, theloss of shelter, the loss of assets or Df access to assets important to production, the loss ofincome sources or means of liveliha d or the loss of access to locations that provide higherincomes or lower expenditures to businesses or persons. The WB describes theseprocesses and outcomes as 'involu ary resettlement", or simply 'resettlement", even whenpeople are not forced to move. Res ttlement is involuntary if displaced people (DPs) do nothave the option to retain the status c o that they have before the project begins.

WB OP 4.12 provides policy guida ce and procedures for adequately resettling9 projectaffected persons. In the case of the part of the DTRP to be implemented in Dar es Salaamthe general zone of impact of the pn ect is known but the precise alignments of transmissionlines and locations of other projec infrastructure, and thus the nature and magnitude ofdisplacement, will not be known til after project appraisal. In such a case OP 4.12requires TANESCO to prepare a r settlement policy framework (RPF), as a stand-alonedocument, to address the econom and social impacts associated with potential lossessuffered by DPs. The RPF has t be reviewed, approved and publicly disclosed as acondition of appraisal of the overall roject.

Subsequent to appraisal and appr {al of the DTRP and during the detailed engineeringdesign of the project, the design a location of project infrastructure will be finalised andapproved. At this stage OP 4.12 requires TANESCO to prepare a more detailed andaccurate resettlement action plan (R P), consistent with the RPF, for the project. The RAPwill be reviewed, approved and discl sed prior to project implementation'°.

1.5.3 Objectives and scope of th resettlement policy framework

The objective of this RPF is to set t the policies, principles, organisational arrangements,design criteria and indicative budge to be applied to avoid or resolve displacement impactson people and property caused b the acquisition of land for the project. As a policyframework the RPF is an agreed c mmitment by the parties involved (e.g. TANESCO, theGOT, local authorities and the DPs for resolving the displacement and resettlement issuesof the project as a whole and for suring that DPs are left no worse off than they were

6 OP 4.12 was published in December 2001 nd was revised in April 2004. The revision applies to projects thatare governed by WB Operational Policy 6.0 and Bank Policy 6.00, i.e. those in countries with approved countryfinancing parameters. The revision omits F ragraph 34 in the December 2001 publication. i.e. 'The Bank doesnot disburse against cash compensation a I other resettlement assistance paid in cash, or against the cost ofland (including compensation for land ac isibon). However, it may finance the cost of land improvementassociated with resettlement activibes".

e 'Resettlement" includes all aspects of c npensation, physical relocation and support for the restoration oflivelihoods.

° The same requirement applies to each ub-project' where a project involves multiple sub-projects and theplanning details of each sub-projec are not own prior to appraisal of the overall project. Each sub-project RAPmust be reviewed and approved before it is cepted for inclusion in the overall project or programme.

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Tanzania Electric Supply Company Limited Proposed 132 kV Transmission Lines in Dar es SalaamDistribution and Transmission Rehabilitation Project ResetUement Policy Framework(Dar es Salaam, Moshi and Arusha) Revised January 2006

before commencement of the project. The RPF will guide and govem the project as thedetails of the project become available. By setting out the agreed policies, principles andprocedures it allows further detailed resettlement planning, such as the elaboration of aRAP, to be undertaken without having to further discuss these and it allows implementationto proceed without having to re-negotiate fundamental agreements. The RPF:

• lays down the agreed principles that will apply to resettlement and compensationpreparation and implementation;

* describes the procedures to be used for preparing and approving a more detailedRAP;

* identifies and describes, as far as possible, those people currently living within theproposed ROWs and who will suffer losses;

* describes the legal framework for dealing with involuntary resettlement in Tanzaniaand measures to bridge any gaps between this and WB policy requirements;

* defines eligibility criteria for defining various categories of DPs:* indicates how affected assets of individual DPs will be valued;* describes how resettlement and other entitlements will be delivered, including the

procedures, responsibilities and timing;• describes mechanisms for maximising stakeholder participation and for resolving

disputes and grievances; and* provides an indication of the costs involved.

Although it is assumed that a single RAP will be prepared for that part of the DTRP to beimplemented in Dar es Salaam it may be agreed to prepare two or more RAPs coveringspecific transmission lines or transmission line sections. This may be because detailedplanning and design, and subsequently implementation, may be undertaken in stages forindividual transmission lines or sections of transmission lines and the detailed planninginformation for the whole project may not be available at a single point in time.

1.5.4 Disclosure of the resettlement policy framework

Consistent with the WB's Disclosure Policy, the RPF will have to be disclosed prior toappraisal. Disclosure will take place in Tanzania as well as in the WB Infoshop. Thus,TANESCO will disclose the document in-country while forwarding a letter to the Bank,authorising the latter to disclose the document in the WB Infoshop.

In Tanzania the RPF will be made available in English and Kiswahili to the public for a periodof six weeks in the relevant municipal and ward council offices. This fact will be advertisedin newspapers and on radio stations commonly accessed by the local population. Duringthis period members of the public will be given the opportunity to respond to the RPF, inwriting or verbally, to the relevant municipal director or ward executive officer who will thenpass on the responses to TANESCO.

1.6 METHODOLOGY AND INFORMATION SOURCES USED

This RPF is presented as a stand-alone document. However, it should be considered as anintegral component of the ESIA for the DTRP, particularly the constituent environmentalmanagement plan, prepared by TANESCO in April 2005. Preparation of the RPFcommenced.in mid-January 2005 and continued until December. The methodology appliedis described in Appendix 2 to this report.

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Tanzania Electric Supply Company Umited Proposed 132 kV Transmission Lines in Dar es SalaamDistrbution and Transmission Rehabilitation f roject Reseftlement Policy Framework(Dar es Salaam, Moshi and Arusha) Revised January 2006

1.7 DESIGN ALTERNATIVES TC MINIMISE LAND ACQUISITION ANDDISPLACEMENT

In January 2005 TANESCO comm ced a project design and cost optimisation exercisebased on the original 132 kV transn ssion line routing plan suggested in earlier studies"1.The exercise compared the construc n costs, compensation costs (based on the estimatednumber of affected properties) and total project costs for transmission lines using self-supporting steel lattice towers (RC N = 40 m wide), tubular steel poles with compactarrangement (ROW = 15 m wide) nd buried cables (ROW = 5 m wide). The resultsindicated that a 5 m wide ROW wou affect an estimated 637 properties and 3 205 peopleand that a 40 m wide ROW would fect an estimated 1 977 properties and 9 975 people.More importantly, the exercise revea d that a considerable amount of physical relocation inaddition to financial compensation w Id be needed as many houses and business premiseswould be affected.

In an effort to reduce the amount of dditional land that needs to be acquired compulsorilyfor project infrastructure, and so mi mise displacement, compensation costs and physicalrelocation TANESCO has subsequ tly been considering a number of transmission linedesign, transmission line routing d other infrastructure location altematives. Theseinclude, wherever feasible and appro iate:

* using types of transmission Ii e (i.e. structures) which require a narrower ROW, thusreducing the amount of land to be acquired. Tubular steel poles with a compactconductor arrangement and buried cables require narrower ROWs than do self-supporting steel lattice towers Buried cables are, however, a very expensive option;

* using types of transmission I e which are more flexible in their routing possibilities,thus avoiding privately o ned, occupied or used land and infrastructure.Transmission lines using se supporting steel lattice towers generally need to bealigned in a straight line a much as possible so that routing possibilities aresomewhat inflexible and it is ifficult to avoid properties and infrastructure along theroute. Transmission lines u ing a compact conductor arrangement supported bysteel tubular poles allow for ore flexible routing possibilities. The lines, which maybe used as multi-circuit lines are more easily aligned along the sides of roads or inother corridors in built-up a as, thus avoiding properties and infrastructure to agreater extent. Buried cabl have the most flexible routing options as the cablescan be buried in road reserve and other corridors;

* using public land and publi safety zones, such as unallocated land, unoccupiedland, undeveloped land, w te land, road reserves, other ROWs and existingdistribution line corridors, th reducing the amount of privately owned or occupiedland that needs to be acquire

* utilising TANESCO property ( .g. for substations); and* routing transmission lines t ugh private property, where unavoidable, so as to

avoid major infrastnucture ( g. houses) as much as possible, thus reducing theamount of physical displacen nt caused.

Following consideration of the alte atives, a number of options have been included inrevised transmission line design an routing proposal put forward by TANESCO in August2005 which will reduce the amount f additional land that needs to be acquired12. Theseinclude the use of transmission lines arried by:

A summary of the original transmission lit design and routing plan is presented in Appendix I to this RPF.

12 A summary of the August 2005 revised pr sals is presented in Appendix 1 to this RPF.

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Tanzania Electric Supply Company Limited Proposed 132 kV Transnission Lines in Dar es SalaamDisf,ibution and Transmission Rehabilitaton Project Resettlement Policy Framework(Dar es Salaam, Moshi and Arusha) Revised January 2006

* self-supporting steel lattice towers in a ROW that utilises the outer edges of existingpipeline and other ROWs. The additional strip of land required for the transmissionline ROW will be less than the normal 40 m wide;

* tubular steel poles (compact design) erected along the sides of roads, requiring atotal ROW of between 5m and 7m wide of which 1,5 m to 3 m is the outer edge ofexisting road reserves'3. If the poles are erected within the centre of the full 5 m to7 m wide ROW the additional strip of land to be acquired outside the road reserve isbetween 2 m and 3.5 m wide (assuming the full ROW is 5 m wide);

* tubular steel poles (compact design) erected along the sides of roads, requiring atotal ROW of between Sm and 7m wide of which 1,5 m to 3 m is the outer edge ofexisting road reserves (same as above). However, if the poles are erected along theinner boundary of the 1,5 m to 3 m wide corridor made available to TANESCO withinthe road reserve, with one of the cross-arms over the actual road, no or very littleland will need to be acquired 4 ;

* tubular steel poles (compact design) erected within existing railway reserves whereno additional land will need to be acquired'5; and

* tubular steel poles (multi-circuit, compact design) transmission lines within existing33 kV or 11 kV corridors, which can carry a new 132 kV line and the existing 33 kV or11 kV line. In some cases the existing ROW may need to be widened by, forexample, 5 m.

Table 2 summarises the various options that are currently being considered to reduce theamount of new or additional land required for the ROWs and to minimise displacement andcompensation and resettlement costs. Application of these options to various sections of theproposed 132 kV transmission lines will be confirmed during detailed design.

An additional alternative considered by TANESCO was to allow people to continue to livewithin and use land in the ROWs, as much as possible, after construction of the transmissionlines, taking into account that a strip of land immediately under the conductors would need tobe kept permanently cleared. Allowing people to live and work within the ROWs, provided aminimum clearance under the conductors (e.g. 8 m) was maintained, would not onlyaccommodate the wishes of affected people who generally are reluctant to move, but wouldconsiderably reduce the amount of displacement and the cost of relocation and/orcompensation. However, it is the opinion of TANESCO that, for health, safety and securityreasons, it is not advisable to allow people to live in a ROW used for high tensiontransmission lines. The Electricity Ordinance (Cap. 131 of 1931, Supplementary 57) alsolegally prevents people living in such a ROW. However, TANESCO has usually allowedother activities, such as the growing of short and temporary crops, within such ROWs.

13 The Tanzania National Roads Agency (TANROADS) has offered TANESCO and other utilities corridors ofvarying widths (e.g. 1.5 m and 3 m) within some of its road reserves." Discussions with TANROADS have been initiated. In principle, TANROADS has no objection but existingregulabons preventng activibes being undertaken under transmission lines will need to be amended and safetymeasures strengthened.

'5 TANESCO is consulting with the Tanzania Railways Corporation (TRC) on the possibility of utilising one suchrailway reserve.

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Tanzania Electric Supply Company Lmited Proposed 132 kV Transmission Lines in Dar es SalaamDistribution and Transrission Rehabilitation roject Resetlement Policy Framework(Dar es Salaam, Moshi and Arusha) Revised January 2006

Table 2 Transmission line des n and ROW alternatives to minimise land acquisition

132 kV NORMAL MEAS WIDTH OF SUGGESTEDTRANSMISSION WIDTH REDUCE )DITIONAL LAND TO BE POTENTIAL NEGATIVE

LINE DESIGN OF ROW LAND R UIRED IRED FOR ROW IMPACTS ON PEOPLEACQUIED FO ROW AND ASSETSSelf-supporting None Normally 40 m 7 (most impacts)

steel lattice 40 m Utilise part c pipe6ine Less than 40 m 6towers __ _ _ Rows _ _ _ _ _ _ _ _ _

Tubular steelpoles (compact. 15 m None Normally 15 m 5

multi circuitdesign)__ _ _ _

Utilise 3 mcAprdmtl2mdsg)TANROAD road Approximately 2 m

TAReseresa rtofa5md (outside TANROADSreeve s r o m-road reserve). Depends 3

7 m corridor ind place on width of road reserveTubular steel poles in cen e of offered by TANROADS

poles (compact, corridormulti circuit Utilise appr mately

design) in road 3 m of TAN ADS roadand railway 5 -7 reserves as rt of 5 m -reserves or 7 m corridor nd place None or minimal 1 (least impacts)

existing poles at inn boundarydistribution line of 3 m corri provided

corridors by TANRO SUtilise railw reserves None or minimal 2Utilise existii 33 kV Less than 5 m - 7 m.corndors (m ti-circuit) Depends on width of 4

existing corridor.

Based on the August 2005 revise transmission line design, routing and ROW widthproposals, it is estimated that acqu ition of land for the ROWs for the proposed 132 kVtransmission lines in Dar es Salaa will affect an estimated 1 788 properties o