Project (ZUSP): Construction System - World Bankdocuments.worldbank.org/curated/en/496361468311391129/pdf/RP994… · Project (ZUSP): Construction of Stormwater ... is the dormitory

July 2010

ABBREVIATED RESETTLEMENT ACTION PLAN

ARAP for the Proposed Zanzibar Urban Services Project (ZUSP): Construction of Stormwater Drainage System

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Report Number. 12574-9898-11

Distribution: 1 COPY TO ZUSP 1 COPY TO MZP1033 1 COPY TO PRO12574 1 COPY TO GAA LIBRARY

Submitted to: Zanzibar Urban Services Project (ZUSP) Ministry of Finance and Economic Affairs First Floor Sea View Wing P.O. Box 874 ZANZIBAR

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RP994


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Table of Contents

1.0 INTRODUCTION ................................................................................................................................................. 3

2.0 PROJECT DESCRIPTION: STORMWATER DRAINAGE SYSTEM ...................................................................... 4

3.0 OBJECTIVES OF THE ABBREVIATED RESETTLEMENT PLAN ........................................................................ 7

4.0 POLICY AND LEGAL FRAMEWORK .................................................................................................................. 8

4.1 The Land Tenure Act No 12, 1992 ........................................................................................................... 8

4.2 The Land Tenure (Amendment) Act No. 15 of 2003 .................................................................................. 8

4.3 The Land Tenure Act, No 12 of 1992 (Land Allocations Regulations 2008) ................................................ 9

4.4 Zanzibar Environmental Management for Sustainable Development Act of 1996 ....................................... 9

4.5 Zanzibar Environmental Policy of 1992 .................................................................................................... 9

4.6 International Policies and Guidelines ....................................................................................................... 9

4.7 Summary of Gaps between Zanzibar Legislation & World Bank Policy on Resettlement .......................... 11

5.0 POTENTIAL ADVERSE IMPACTS .................................................................................................................... 13

6.0 CONSULTATION AND PARTICIPATION........................................................................................................... 15

6.1 Open House Meetings ........................................................................................................................... 15

6.2 Interviews ............................................................................................................................................. 15

7.0 AFFECTED STRUCTURES AND PEOPLE ........................................................................................................ 16

7.1 Valuation and compensation for losses .................................................................................................. 16

7.1.1 Valuation Computation Principles ..................................................................................................... 16

7.1.2 Computation of Fruit Tree Compensations ........................................................................................ 17

7.1.3 Computation of the Disturbance Allowance ....................................................................................... 19

7.1.4 Computation of the Transport Allowance .......................................................................................... 19

7.1.5 Computation of the Inconvenience Allowance ................................................................................... 19

7.2 Compensation payment procedures ....................................................................................................... 19

8.0 BUDGET AND COSTS ...................................................................................................................................... 24

9.0 INSTITUTIONAL ORGANIZATIONAL STRUCTURE .......................................................................................... 25

9.1 Roles and Responsibilities ..................................................................................................................... 26

9.2 Capacity Building .................................................................................................................................. 29

10.0 GRIEVANCE MECHANISM ............................................................................................................................... 29

11.0 MONITORING AND EVALUATION .................................................................................................................... 31

11.1 Internal Performance Monitoring ............................................................................................................ 31


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11.2 Impact Monitoring.................................................................................................................................. 31

11.3 Final External Evaluation ....................................................................................................................... 31

12.0 IMPLEMENTATION SCHEDULE ....................................................................................................................... 32

13.0 BIBLIOGRAPHY ............................................................................................................................................... 33

TABLES Table 1: Summary of gaps between Zanzibar legislation and World Bank policy on Resettlement ................................. 11

Table 2: Resettlement impacts foreseen (including type of damage and nature of displacement) ................................... 14

Table 3: List of high probability affected households .................................................................................................... 20

Table 4: List of low probability affected households ...................................................................................................... 23

Table 5: Guiding rates for compensation ..................................................................................................................... 24

Table 6: Summary of ARAP Budget ............................................................................................................................ 25

FIGURES Figure 6-1: Qualitative Interview in Magomeni.............................................................................................................. 15

Figure 6-2: Measuring the water level during floods in Botanic Gardens ...................................................................... 16

Figure 7-1: Coconut tree in Mpendae ......................................................................................................................... 18

Figure 7-2: Banana cluster from a banana tree in Magomeni ........................................................................................ 18

Figure 7-3: Temporary wall in Magomeni .................................................................................................................... 20

Figure 7-4: Affected foundation in Mwatenga (PAP N.4) ............................................................................................... 21

Figure 7-5: Affected septic tanks on the right hand side in Mwatenga (PAP N.5) ........................................................... 21

Figure 7-6: Temporary fence in Jang'ombe (PAP N.11) ................................................................................................ 21

Figure 7-7: Temporary fence and foundation in Karakana (PAP N.2 and 3) .................................................................. 21

Figure 7-9: Affected wall/ablution area of a Mosque in Jang'ombe (PAP N. 9)............................................................... 21

APPENDICES APPENDIX A Visual Description of the Stormwater Drainage Systems

APPENDIX B Document Limitations


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1.0 INTRODUCTION The Zanzibar Urban Services Project (ZUSP) is an initiative by the Zanzibar Municipal Council to improve the public health and welfare, and the biophysical environment for the people of Zanzibar City. The ZUSP project proposes to contribute to the improvement of the stormwater drainage system as well as the existing solid waste collection system in the densely populated and largely unplanned suburban areas of Zanzibar City (referred to as Ng‟ambo), and street lighting in the Stone Town area. Basic solid waste management and storm water drainage systems have been implemented during previous phases of this initiative.

Zanzibar comprises of the two main islands of Pemba (the smaller island) and Unguja. Zanzibar City is situated on the west coast of Unguja at the centre of the island and is the capital of Zanzibar. Stone Town, which was declared a World Heritage Site in 2000, is the historical part Zanzibar City with a unique character representing the historical influence of different eras during which Zanzibar functioned primarily as a trading port. The restoration of historical buildings is aimed at preserving the rich history of the island, which has in recent years also become an international tourist destination. In light of the preservation of Stone Town as an ancient historical site and in view of its tourist attraction, the Zanzibar Municipal Council is planning to upgrade the street lighting in the area. The original layout of the town has been maintained during the ongoing restorative work and the area is still characterised by winding narrow streets lined by multi-storey buildings. During daytime, the town is a hub of activity. General trading stores and markets, tourist facilities and an assortment of business and government offices attract scores of people from all walks of life to the town. It also has a vibrant night life. The upgrading of street lighting will make the area more accessible for tourists and improve the general visibility and safety in the area at night.

In contrast, the Ng‟ambo area, on the other side of the old Darajani Creek which used to separate it from Stone Town, is the dormitory of Zanzibar City, densely populated and largely unplanned in terms of housing, infrastructure and services. Moreover, the area has numerous low lying areas (land depressions), natural streams and wetlands which have been largely disregarded by those settling in the area. The result is that houses are occasionally flooded during the wet season (between March and May and between October and December) and streets are regularly transformed into spontaneous stormwater canals due to excessive water runoff. Stagnant water is a permanent feature in many subareas which breeds mosquitoes and gives rise to a range of water-borne diseases such as diarrhoea, cholera, typhoid and bilharzias.

Poor management of solid waste in this densely populated area has aggravated the stormwater drainage system. A few formalised areas for solid waste disposal have been demarcated in subareas, but are presently not well maintained. As a result, the area is generally littered and the limited stormwater drainage is often obstructed by solid waste that is washed into natural water collection areas during the wet season. Lack of waste management by the municipal authority seems to have given rise to a general apathy towards maintaining a clean and safe living environment and is the cause of a range of preventable diseases, especially among children.

In order to improve the Ng‟ambo area, the ZUSP is planning to expand the stormwater drainage system to better direct the flow of water within and between subareas and to drain excessive stormwater out of the subareas eventually for discharge into the sea. For this to be successful, the ZUSP is also planning to implement a robust solid waste collection system. The expected outcome of these interventions is reduced flooding of housing and open spaces and a cleaner environment, free from solid waste material.

The ZUSP is funded by the World Bank who has defined this as a Category A project which means a project which is likely to have significant adverse environmental impacts that are sensitive, diverse or unprecedented1. In a social environment, sensitive impact refers, amongst other, to displacement or resettlement of people as a result of the project. It is envisaged that the implementation of the stormwater

1 World Bank, 1999. Operational Manual 4.01 – Environmental Assessment.


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drainage system will require minimal resettlement of affected households and compensation for displacement of assets. Onsite construction supervision could eliminate the need for any resettlement.

The project area for the ARAP is defined as the Ng‟ambo area. The latter consists of several smaller subareas (shehias or village councils) which are administered by a Sheha. Shehias in the project area include Karakana, Sebleni, Magogeni, Magomeni, Mpendae, Lurusi (Botanic Garden), and Shaurimoyo. Most of these subareas are affected by poor stormwater drainage and occasional flooding as well as an inadequate solid waste management system.

The governance structures in these areas is based on a complicated dual-system of decentralised administration and elected councils. Zanzibar City is part of the Mjini (Urban) district in the Urban West Region. According to the 2002 Census, Zanzibar Municipality had 40 shehias. Each shehia is governed by a Shehia Advisory Council which is supposed to be composed of a minimum of 12 members – all appointed by the Sheha himself in consultation with the District Commissioner.

Interviews with several government officials as well as some Shehas confirmed the important role they play, for instance in the administration of local affairs including land and housing. In fact, every field visit was preceded by a visit to the local Sheha to gain permission to enter the area prior to interviewing residents in his area of jurisdiction. Many a time the Sheha or his delegated representative (presumably from the Shehia Advisory Council) would accompany the team during the field visit during which he played a pivotal role in presenting the team‟s credentials to local householders. All activities that directly affect his constituency have to be presented to him and receive his approval before it can be implemented.

From an urban planning perspective the project area (Ng‟ambo) is largely unplanned. The reasons for this are well documented2 and appear to have been caused by a rapid influx of people after the announcement of trade liberation in the late 1970s and early 1980s as well as the lack of administrative capacity and procedures to absorb these immigrants on the urban fringes. The land management capacity is still not adequate to handle the continuing influx of people and pressure on land remains exceptionally high.

It is within this context that this abbreviated resettlement action plan has been prepared in line with World Bank guidelines on involuntary resettlement (OP. 4.12), for the stormwater drainage system component.

2.0 PROJECT DESCRIPTION: STORMWATER DRAINAGE SYSTEM To understand the dimension and type of resettlement required, it is important to understand the nature of the project. As described in the Environmental Impact Assessment for the proposed ZUS Project (Golder Associates Africa, May, 2010) it is proposed that stormwater management is improved by:

Expanding the diameter of existing pipe drains (so they can carry more stormwater away from the urban areas);

Constructing new open channel drains throughout the urban area;

Rehabilitating existing open channel drains; and

Routing stormwater into the ocean by means of marine outfalls i.e. pipelines that discharge stormwater into the sea.

The objective of improving the stormwater management system is to reduce the severity of flooding and frequency by which houses are flooded in Ng‟ambo. A previous project (Phase ll) addressed flooding in low-lying basin-like areas and resulted in reduction of flooding in areas including Kijangwani, Uwanja wa Farasi, Government Printers, Ziwani and Maisara. The proposed Phase lll addresses areas prone to flooding

2 Ali MH & Sulaiman MS, 2006.


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including Migombani, Binti Amrani, Mwatenga, Sebleni, Botanical Garden, Kwa Mzushi, Mnazi Mmoja playground, Chumbuni, Mwanakwerekwe, and Karakana.

The project area was divided into a series of (alphabetically numbered) systems that align with sub-catchments, as follows:

System C – drain lengths comprise 2,560m (designed in Phase ll) and 4,760m of new design. This system already has drains that were part of a Phase ll design to rehabilitate the open drain from north of Amani Stadium to the marine outfall at Miazani Bridge via Saateni. The drain was constructed in Phase l but fell into disrepair; a closed drain was also installed in Mwebeladu.

In Phase lll, the drain will be rehabilitated and extended eastwards to include Sebleni, several secondary drains will be constructed and a pipe drain is proposed for Shaurimoyo. The new sections of sections will include:

The low lying area near the stadium at Mabatani where a new drain will drain water from Magogoni

A and B; it could be aligned with the road; and

A line will be taken along the road to drain the Mwatenga catchment and it will join the above network.

The new sections will comprise 170m of open drains and 4,590m of closed drains which makes up the total of 4,760 m; the total length of drains for Phases l and ll is 7,320m. The system was designed to drain water from Jitini, Sebleni and Nyerere. The existing design had to be reviewed because there will be an increase in the volume of water as areas around the BOT flats and Islamic Orphanage School (Kwa Mabata) will also drain into Sebleni. Four households will be temporary affected and two potential structures may be affected during construction.

System D comprises D-l and D-ll that were constructed in Phase ll and drain into the sea via a marine outfall at Maisara Suleiman. The Phase ll drains comprise 2,202 m of open drains and 2,433m of closed drains

In Phase lll two secondary lines, totaling 960m of closed drains will be added to System D-l. These will comprise:

From Mungaano to D27 (Mwembenjugu). There is an existing open drain that will have to be enlarged. The drain will follow road alignments; and

Along the road near the Mental Hospital that will discharge to the existing D12 drain at Kidongo Chekundu.

The drainage channel alongside the road near the Mental Hospital will be an open channel whilst the line from Muungano will be closed. The capacity of existing system will be sufficient to contain the additional water from Muugano and Magobani Road. Excavation for System D can be achieved by using an excavator as drains will be constructed alongside roads; maximum depth of excavation is estimated to be 2.7m. As the Phase lll drains will be excavated along roads there is room to construct without impinging on homesteads.

System E was designed in Phase ll but lack of funding resulted in the line from Migombani through the Botanical Gardens and Jang‟ombe not being constructed. The total length designed was 3,280m. This is being reviewed and one new section will be added to the system; this will be a trapezoidal section to drain Mpendea.


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The Phase ll drains will be incorporated into Phase lll (830 m of open drains) and additional secondary drains will be constructed. The new design totals 4,150 m. Along the Jang‟ombe Road there will be room to use an excavator for construction. However, the tributaries of Magomeni and Mpendae are in congested areas where excavation will be limited to manual methods.

Five areas in Jang‟ombe and Migombani subject to flooding which, the engineering design report states will be effectively drained in System E; these include Binti Amrani, Magaomeni, Mpendae, Migomabni and Botanical Gardens. Seven households will be affected by the construction and a further seven will potentially suffer damage during construction.

System F is an existing drain that should drain the Mnazi Mmoja playground. However, this has degenerated to such an extent that it no longer functions. Phase lll will comprise 740m of new drain design (280m of open drains and 460m of closed drains) and Gauff recommends that this is given high priority because of the high amenity value of the area as a sports and recreation area.

The flooding in this area is due to sea water backflow associated with high tides, a shallow water-table and run-off from high lying areas. Water accumulates to a depth of approximately 60cm in this area. Existing infrastructure, e.g. French drains, lateral perforated drains, collection chambers and flap valves to prevent backflow of high tide water, are not functioning and thus, need to be rehabilitated and upgraded.

System G - 760m of drains was designed in Phase ll to alleviate flooding in Karakana to Mto Pepo along the Darajabovu Road. An additional 730 m were proposed in Phase lll as an extension of the system to the south, to drain Kwa Mzushi. Stormwater will be discharged into a natural stream flowing towards Mtoni.

Key issues associated with the flooding of the two low-lying areas include the typical hazards associated with flooding, stagnant water lying for long periods following rainfall and solid waste being dumped. Most of the construction works will take place in open areas but houses in Karakana, water pipes in the vicinity of MtoPepo and overhead tension lines need to be considered prior to construction. Four household structures will be affected by construction.

System l is an existing open drain following a natural drainage line. It drains from Kwaptipura crossing marshland towards the marine outfall at Saateni Bridge. Gauff proposed that the line be rehabilitated using a trapezoidal channel totaling 2,430 m in length and it will drain the low-lying area of Darajabovu and surrounding areas. The main areas to be drained by the system are Avenger, Kenyani and Kwaptipura. Several banana trees along the natural water course will be affected by construction.

Some stone pitching was used to line a short length of the stream near Shaurimoyo and it remains in good condition; it may need to be enlarged based on findings of detailed design. Manual methods will be used during construction due to restricted access. It may transpire that the design will be amended to use rectangular drains rather than trapezoidal as there has been extensive soil erosion of river banks. The net result is that if trapezoidal drains are to be used, large quantities of fill material would have to be imported, adding to overall costs of construction. The design for the channel at Lumbumba in Phase ll was modified from trapezoidal to rectangular section for this reason.

Although it was originally proposed that the exit for the system would be Saateni Bridge, Gauff proposed an extension was added so that water is discharged beyond the football ground and this was agreed to by the client.

System H would require a major new closed line and drain the basin next to Mwanakwerekwa Market and the area upstream, across the road. This will be a totally new system comprising 9,020m of drains and will have its own marine outfall.


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This system consists of more than 8,000m of buried pipes designed to drain Mwanakwerekwe as well as Magogoni B (via Mwanekwerekwe) and several other smaller areas (including a number of road intersections). Several technical alternatives were provided in the Final Design Report in order to reduce the excavation depth (more than 20m for the original design) and shorten the route to lessen the loss of energy (gravitational flow). An extensive part of the original system design follows linear infrastructure with several shorter branches from two market areas and residential areas feeding into the mainline.

The complexity of the engineering required for the system would result in high costs that are beyond the available resources. Therefore, it has been decided to exclude this system from Phase lll development however it was proposed that further studies be done in order to reach a more appropriate and cost-effective design.

Given the system H was excluded from the project, this abbreviated resettlement plan did not take into consideration any resettlement issues pertaining from this system. However from the initial studies undertaken by GAUFF, the main resettlement issues included fences (60m overall length) and some shade trees.

For additional information regarding the systems and the main resettlement issues in each system, please see APPENDIX A for a visual description of the walkabout undertaken in June 2010.

3.0 OBJECTIVES OF THE ABBREVIATED RESETTLEMENT PLAN The overall objectives of the Bank‟s policy on involuntary resettlement are the following (World Bank, 2001):

Involuntary resettlement should be avoided where feasible, or minimized, exploring all viable alternative project designs.

Where it is not feasible to avoid resettlement, resettlement activities should be conceived and executed as sustainable development programs, providing sufficient investment resources to enable the persons displaced by the project to share in project benefits. Displaced persons should be meaningfully consulted and should have opportunities to participate in planning and implementing resettlement programs.

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

Given that this project has the potential to affect approximately 26 households, the World Bank has agreed on the elaboration of an Abbreviated Resettlement Action Plan (ARAP). According to the World Bank guidelines the ARAP must cover the following minimum elements:

A census survey of displaced persons and valuation of assets;

A description of compensation and other resettlement assistance to be provided;

Institutional responsibility for implementation and procedures for grievance redress;

Arrangements for monitoring and implementation; and

A timetable and budget.

In of the event that displaced persons lose more than 10% of their productive assets or require physical relocation, the plan also covers a socioeconomic survey and income restoration measures. Given that the


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impact foreseen for each affected person is less than 10% and no displacement will be required, this report does not include a socio-economic survey or income restoration measures.

4.0 POLICY AND LEGAL FRAMEWORK One of the principles of the Resettlement Action Plan (RAP) is that resettlement planning should adhere to national policies and legislation, and international best practices. While there is no specific legislation in Zanzibar that addresses resettlement, some aspects of general legislation and policy have a bearing on resettlement. This section examines the legislation as it relates to resettlement, including:

Responsibilities for preparing resettlement plans;

Compensation measures required in terms of the law; and

Consultation processes required when negotiating compensation.

Land matters in Zanzibar are governed by legislation including:

The Land Tenure Act, Act No. 12 of 1992;

The Land Tenure (Amendment) Act, Act No. 15 of 2003; and

The Land Tenure Act, Act No. 12 of 1992 (Land Allocations Regulations 2008).

For the specific purposes of this RAP the Environmental Management for Sustainable Development Act of 1996 and the National Environmental Policy for Zanzibar are also of importance. The main features of the World Bank Operation Policy (OP) 4.12 and the International Finance Corporation‟s (IFC) Performance Standard No. 5 are also described.

4.1 The Land Tenure Act No 12, 1992 The Land Tenure Act of 1992 regulates the number of land parcels (both urban and agricultural) that can be granted to a citizen of Zanzibar. The Act also regulates how the land is granted, sold, leased and how right of occupancy and grants can be terminated.

In terms of right of way for any infrastructure in the national interest, Section 5(4) stipulates that compensation for the easement (right of way) shall be paid to the persons or communities involved correlating to the fair market price of the land and the improvements made to the parcels in question. Section 29(2) provides that in the event that a person holds more parcels of land in excess of this Act and fails to lease the excess parcels, the Government shall provide compensation for any improvements on the land and not for the land itself.

The Government may terminate the right of occupancy if it is in the national interest according to Section 56, but only if fair compensation is paid for the land and any improvements made thereon (subsection b). If however, termination is due to non-compliance to grant or lease agreements Section 63(1) of Part VII holds that no compensation for the land shall be payable. However, Section 63(2) holds that fair compensation based on a value determination at the time of the Order of Termination shall be made for all immovable improvements on the land. If there is a dispute regarding the value of compensation it is to be resolved by the Lands Tribunal (Section 65).

4.2 The Land Tenure (Amendment) Act No. 15 of 2003 According to the Land Tenure (Amendment) Act of 2003, all land in Zanzibar is owned by the Revolutionary Government of Zanzibar. The Government has the right to allocate land grants and legal right of occupancy.

Section 11 of the Act amends the Land Tenure Act, No. 12, 1992 section 42A(2) stating that any person residing or using a three acre plot for cultivation has the right to continue cultivating on the said plot until the


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harvesting of his or her crops or until the expiry of the lease agreement between the lessee and the grantee or if compensation for the crops is given based on the agreement of an official evaluation.

4.3 The Land Tenure Act, No 12 of 1992 (Land Allocations Regulations 2008)

The Land Allocations Regulations 2008 states the means through which land is allocated and way in which land is certified.

According to the Land Allocations Regulations 2008 (40.b), a Right of Occupancy holder is, in the event of his land being declared as abandoned, eligible for fair compensation for the developments made on the land prior to the date of termination of rights to occupancy and the redistribution of the said portion.

4.4 Zanzibar Environmental Management for Sustainable Development Act of 1996

The primary concern of this Act is to ensure sustainable management of the natural environment with the aim, among others, to ensure the environmentally sound and healthy quality of life of the people of Zanzibar, present and future. It deals with various aspects relating to the protection of the environment, including the declaration of areas of conservation (section 7). It states that where areas are declared as protected areas, notice must be given to affected people; a consultative process is required specifically to identify and accommodate existing rights to the extent that they are compatible with the purpose for which the national protected area is being established. Where such rights cannot be accommodated, they shall be extinguished and adequate compensation shall be paid to holders of those rights.

4.5 Zanzibar Environmental Policy of 1992 The focus of the Policy is on the conservation and development of environmental resources with a view to utilising them in a manner that will improve the welfare of the present and future generations of the island.

The Policy emphasises the need to ensure that biological and ecological principles that are important for the development of lives and resources are complied with. It further emphasises the importance of improving institutional and personal capacity in the conservation and management of the environment. It echoes the intergenerational and intra generational equity principles of environmental protection and calls for the conservation and development of environmental resources, emphasising the need to protect them in a sustainable manner that will advance the well-being of the present generation without affecting the ability of future generations of Zanzibar to make the most of the resources.

As part of the Policy, the Commission of Lands and Environment (COLE) is tasked to engage in public participation processes in order to educate different stakeholder groups as to their importance as resource users and potential conservationists. These activities lean towards community empowerment due to their focus on knowledge building and skills development.

4.6 International Policies and Guidelines The international benchmarks for resettlement planning are the World Bank (2004) Operational Policy (OP) 4.123 and the recently revised Performance Standard 5 of the International Finance Corporation4 (IFC) (2006).

This ARAP will follow the World Bank operational policy 4.12 standards.

3 World Bank. Op 4.12 - Involuntary Resettlement (Revised April 2004) 4 Performance Standard 5: Land Acquisition and Involuntary Resettlement April 30, 2006


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The WB policy on the direct economic and social impacts caused by the land and resources taken lies in:

Displacement or loss of shelter

Loss of assets or access to important production resources

Loss of sources of income or better subsistence; or

Loss of access to the places that offer better production or less costs for businesses or people

For the purposes of the World Bank (WB OP 4.12) “involuntary” refers to the actions that could be taken without the agreement or power to choose of PAHs. The resettlement is involuntary for the affected people who do not have the option to keep the situation that they are in before the project starts. The WB OP 4.12 is applied independently of whether people affected have to be resettled in another place or not. It also requires that people that are affected adversely by the activities of the project receive either compensation or supportive measures in a way that their resources for living are re-established at least at the same level as prior to the project.

According to the WB OP 4.12, the criteria for determining eligibility for compensation and support due to resettlement are based in the following categories:

People that have legal rights on the land, including customary rights and traditions; and religious rights This category of people includes those that own land and rent it out, free land and land that belongs to the family, which has been transferred through generations.

People that do not have legal rights on the land or assets at the time when the census started, they only have a claim over the land, or the benefits on the basis of the Zanzibar law and traditions. This category of people includes those who originated from outside the country that have received the land from the local leaders for occupying in married life.

People without the legal right or claim over the land that they occupy and use for their living. This category of people includes those that are settled in a semi-permanent manner or those that are settled locally without any formal authorisation.

People that fall in the first two categories will receive compensation, resettlement and support for the rehabilitation of the land, buildings and any non-removable assets on the land and buildings taken by the project. The compensation will be in accordance to the situation of the affected people in the area of the project before the cut off date (i.e. registered starting date).

People in the third category, will receive the support of resettlement instead of compensation for the occupied land. As stated earlier, they should receive the necessary support to satisfy the established dispositions of this policy, in the case that they occupy the area of the project before the starting date established.

Consequently, this policy gives support to all affected people, including owners or people that are illegally settled in the area of the project, independently of whether they have got a formal title or legal rights. Any person that invades the area of the project after the starting date is not entitled to any compensation or assistance.

The communities, including districts, towns and rural villages permanently losing land, resources and/or access to assets will be eligible to compensation. Compensation for communities can include public baths/toilets, car parks, health centres or other compensations chosen by the community. The compensating measures will ensure that the socio-economic level of pre-resettlement of the communities is re-established improved or conserved.


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4.7 Summary of Gaps between Zanzibar Legislation & World Bank Policy on Resettlement

The Zanzibar Legislation is not very clear on several of the procedures and mechanisms that form an integral part of the Resettlement Action Plan required by the World Bank. These gaps are summarised below starting with the World Bank Policy Requirements, the provisions of the Zanzibar law (if any), the associated gaps and the project specific mechanisms to address these gaps.

Table 1: Summary of gaps between Zanzibar legislation and World Bank policy on Resettlement No Institution Guiding Policy/Legislation

1

World Bank Planning and financing resettlement components should be undertaken as an integral part of preparation for projects that cause land acquisition and involuntary displacement.

Zanzibar Legislation

The Government of Zanzibar (GOZ), as “owner” of all land in Zanzibar, is the ultimate authority regarding land administration, planning and settlement issues. As such it should have overall responsibility for planning and implementing resettlement. However, it is usually recognised that the GOZ lacks the financial, technical, logistical and managerial capacity to plan and implement resettlement projects. In practice, the developer usually has to provide the funds for planning and implementation and provide assistance to its partners.

Project specific mechanisms

The project proponent must establish a Resettlement Coordination Unit (RCU) that makes high level decisions, organises and monitors the implementation of resettlement actions to ensure integration of resettlement and project implementation

No Institution Guiding Policy/Legislation

2

World Bank Involuntary resettlement should be avoided or minimized where feasible, exploring all alternative project designs.


There is no provision regarding the mitigation of resettlement in Zanzibar legislation but efforts minimizing resettlement needs are implied both in terms of economy (costs) and social welfare.


All project specific alternatives must be evaluated. These should be discussed in the Environmental and Social Impact Assessment report


3

World Bank Where displacement is unavoidable, resettlement plans should be developed


The Zanzibar legislation does not make any provision for the preparation of a resettlement action plan


Where there is displacement, a Resettlement Action Plan (RAP) must be prepared. In this case, given that there is no displacement, an Abbreviated Resettlement Action Plan (ARAP) must be prepared.


4 World Bank

Affected populations and impacts should be identified through thematic maps, a census, an inventory of lost and affected assets, socio-economic surveys and studies, analysis of surveys and studies, consultation with affected populations.


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No Institution Guiding Policy/Legislation All people affected by involuntary resettlement should be consulted and involved in resettlement planning


The Zanzibar legislation does not make any provision for the socio-economic baseline, census or public consultation.


These studies must be undertaken under the scope of the RAP. However under the scope of the ARAP it is not necessary to undertake the socio-economic baseline if structures affected are less than 10% of the whole structure A public participation and consultation plan should be prepared to be implemented during the RAP implementation. However for the ARAP, consultation can be more focussed towards compensation options and procedures.


5

World Bank

The resettlement site must be chosen through consultation with all displaced people and host communities. For land based resettlement, the new site’s productive potential and location advantages should be at least equivalent to those of the old site.


The Zanzibar Law does not make any provision for consultation regarding the resettlement sites.


There will be no permanent dislocation of people and as such, this does not apply for this project.


6

World Bank

All losses should be compensated at full replacement cost prior to the actual move. Not only deed holders but also customary owners, tenants, public land users and squatters would be entitled to some compensation.


Unlike the Land Tenure act of 1992 which limited compensation for land acquired for public purpose to the unexhausted improvement only, Act Vol CII No.3635 0f 1992 which become operational from the 20th November 1993. (Land Tenure Act) advocates for FULL, FAIR and PROMPT compensation based on market value of the Property. This position is given legal effect by the Land Tenure Act, 1992 under the proviso to section 56 (b) and 63 (2) of the act


Full replacement cost must take into account current market price values as a basis for the calculations and using the principle that “the socio-economic level of pre-resettlement of the communities is re-established, improved or conserved”.


7 World Bank

Displaced persons should be assisted in their efforts to improve their former living standards, income earning capacity and production levels or at least to restore them. Particular attention is to be paid to the needs of vulnerable groups, especially those below the poverty line, the landless, the elderly, woman and children


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The Zanzibar legislation does not make any provision for the restoration of their living standards.

Project specific mechanisms Given that there will be no displacement; this does not apply to this project.


8

World Bank Adverse impacts on host communities should be minimized


In Zanzibar legislation, members of host communities are not considered as project affected people and therefore no provision is given regarding the minimization of the adverse impacts on host communities.


Given that there will be no displacement of people, this principles does not apply to this project or this ARAP.


9

World Bank Arrangements for monitoring, implementation of resettlement and evaluating its impacts should be developed

Zanzibar Legislation There are no provisions in the Zanzibar Legislation on this issue


A project specific monitoring and evaluation program must be established in the ARAP


10

World Bank Appropriate and accessible grievance mechanisms are established

Zanzibar Legislation There are no provisions in the Zanzibar Legislation on this issue

Project specific mechanisms A project specific grievance mechanism must be established in the ARAP

5.0 POTENTIAL ADVERSE IMPACTS Projects that involve resettlement typically require affected structures to be removed before construction starts. As such compensation and resettlement is effected before the commencement of construction activities. The nature of this project is atypical for the following reasons:

The alignment of the drainage channels at a micro scale (e.g. the route to be followed within one street) is flexible until the contractor‟s final construction plan in order to minimise the need for displacement and resettlement. As such, damage to structures can still be minimised during the construction period.

None of the structures affected will involve permanent relocation of people (see Table 2). The main impacts foreseen are:

Demolition/damage and reinstatement of walls (construction damage pertains to wall cracking and collapse);

Demolition/damage and reinstatement of exterior structures such as benches, sanitation tanks, water protective walls (often in common areas and on sidewalks);

Demolition/damage and reinstatement of perimeter fences;


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Damage to unfinished structures, notably “abandoned” house foundations;

Permanent loss of fruit trees; and

Temporary loss of land (gardens and vegetable plots). Table 2: Resettlement impacts foreseen (including type of damage and nature of displacement)

Location System Damage Nature of Displacement

Karakana

G Potential wall (10mx3m) Potential temporary

Garden fence (5m) Affected temporary

Veg plot (5mX2m) Affected permanent

G Garden fence (5m) Affected temporary

Veg plot (5mx2m) Affected permanent

G Potential wall (10mx3m) Potential temporary

G House foundation Affected permanent

Mwantenga C House Foundation Affected permanent

Mwantenga C Potential wall (10mx3m) Potential temporary

Septic tank Potential temporary

Mwantenga C Septic tank Affected temporary

House bench Affected temporary Mwantenga C Potential wall (10mx3m) Potential temporary Mwantenga C Potential wall (10mx3m) Potential temporary One coconut tree Affected permanent Mwantenga C One coconut tree Affected permanent Botanic Garden E Potential wall (10mx3m) Potential temporary Botanic Garden E Potential wall (10mx3m) Potential temporary Jang'ombe E Driveway (9m) Affected permanent

Jang'ombe E Mosque ablution area (30m2) Affected permanent

Jang'ombe E Potential wall (10mx3m) Potential temporary

Jang'ombe E Two coconut trees Affected permanent

Jang'ombe E Garden fence (9m2) Affected temporary

Jang'ombe E One coconut tree Affected permanent

Meya/Mea E Potential wall (10mx3m) Potential temporary Meya/Mea E Potential wall (10mx3m) Potential temporary Two coconut trees Potential permanent Meya/Mea E Potential wall (10mx3m) Potential temporary

House bench Potential temporary

Mpendae E 27 banana trees Affected permanent

One coconut tree Potential permanent

Mpendae E One coconut tree Affected permanent

Mpendae E Potential wall (10mx3m) Potential temporary

All 500 Banana trees Potential permanent

Total


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It is important to note that no structures will be completely demolished or suffer damages more than 10% of the total area.

Consequently, in contrast to typical resettlement projects, the contractor cannot demolish all identified structures (with high probability of being damaged) before the commencement of construction activities. Typically, the contractor will start construction in any given area and demolition of structures (such as a wall, fence or sanitation tank) will only be required when he reaches this area and he has confirmed that realignment to avoid displacement is impossible. At this point, the compensation procedure takes effect (see section 7.2). Once the construction of the pipeline in the area is complete, the majority of demolished structures such as walls, benches and fences can be rebuilt and reinstated in the same location.

If accidental damage occurs during construction (the affected households with a low probability of resettlement), the contractor must put the compensation procedures into effect and once the construction is complete, the damaged structures must be reinstated in the same location.

Once one area is complete, the contractor will move to the next area and the process is repeated.

This phased construction process will allow for 1) further avoidance of damage and 2) minimise disturbances to affected people as per World Bank‟s first principle for involuntary resettlement that states that “Involuntary resettlement should be avoided where feasible, or minimized, exploring all viable alternative project designs”. This practice has been followed successfully during previous phases of the ZUSP.

6.0 CONSULTATION AND PARTICIPATION The participation and consultation of resettlement affected households is integral to the process of developing a RAP. Through consultation and participation the necessary information regarding ownership and compensation is collected in order to inform the RAP. As part of consultation and participation communities were engaged through open houses and the resettlement affected households were engaged through interviews at their homes. The following sections provide a brief overview of both the open house meetings and the interviews.

6.1 Open House Meetings An open house meeting is an opportunity for the project team to disseminate information to the affected communities regarding the EIA process as well as the possibility of resettlement. At the open house meetings held during May 2010, information regarding resettlement was disseminated to the affected communities and they were invited to comment on the possibility of resettlement and the resettlement process. In addition, the attendees were invited to raise any questions that they might have regarding resettlement.

6.2 Interviews After the identification of the resettlement affected households the project team employed two local enumerators to interview these household and spatially reference their location. The interviews were guided by two field instruments:

Qualitative Interview The qualitative interviews collected the following information:

The family structure of each of the resettlement affected households;

The way in which flooding affected the household;

How they cope with flooding events;

The health implication of the flooding;

Their views on resettlement; and

Their current means of solid waste disposal.

Figure 6-1: Qualitative Interview in Magomeni


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This facilitated a better understanding of the flood problems in the various areas and its impact on households caused by the floods and stagnant water. Additional information was obtained during this interaction regarding affected households‟ attitude towards potential damage to structures due to the construction of the drainage channels, as well as preferred options for compensation and compensation payment procedures. Quantitative Questionnaire The quantitative questionnaire was used to gather information regarding resettlement affected households‟ ownership of trees, land and/or buildings, as well as their knowledge of methods of financial transaction (use of banks, cheques).

All project affected people were interviewed and consulted about resettlement/displacement. Whenever possible, the head of the household was interviewed. However when this was not possible, the immediate head of the household (e.g. spouse) would answer the questions.

7.0 AFFECTED STRUCTURES AND PEOPLE 7.1 Valuation and compensation for losses Structures identified for acquisition under this project qualify for compensation payment according to the provisions of the World Bank Operational Policy on Involuntary Resettlement (OP 4.12). In carrying out assessment of compensation for this project the following procedures were followed:

In carrying out field surveys the resettlement team identified the property owner and obtained a second verification from the nearest neighbour and when possible from the Sheha (local administrative head). Given that the majority of structures/trees identified as being affected had their boundaries very clearly defined, it was not necessary for a second person to identify the boundaries of the affected structure.

The key objectives of the field surveys were:

Identification of properties affected by the proposed infrastructure provision project and their respective owners;

Assigning reference number to each of the identified PAPs, determining GPS coordinates and taking photographs;

Taking notes of the identified properties (buildings) and other developments on land as well as crops on a pre-prepared inspection sheet; and

Taking measurements of the affected structures.

7.1.1 Valuation Computation Principles The basic principle governing valuation for compensation is that none of the affected people should be worse off than their pre-project situation. Unlike the Land Act, which limited compensation for land acquired for public purposes to unexhausted improvement only, the Land Tenure Act advocates full, fair and prompt compensation based on market value of the Property. This position is given legal effect by the Land Tenure Act, 1992 under the proviso to section 56 (b) and 63 (2) of the Act. Consequently, in order to establish market valuation rates for structures that could be affected (e.g. walls), inquiries were made within the locality and immediate neighbouring areas to establish the likely construction cost of the type of buildings found on the corridor of impact. A number of construction firms were also contacted to provide an indication of prevailing construction rates for new works in the area. Further inquiries were made from selected property owners and local leaders to establish indicative land prices based on recent transactions. Finally, the Final Design Report (Gauff (Ingenieure, 2010) was also consulted (their Annexure G: Estimated Costs for reinstatement of community houses).

Figure 6-2: Measuring the water level during floods in Botanic Gardens


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Inquiry into both construction costs and land prices were meant to provide input into the rates that were adopted in the valuation of properties identified for acquisition. Guided by the above inquiry, a Replacement Cost Method (the replacement value is the cost of replacing/reinstating the damaged structure with new, with the same design, materials, specification, size and utility) was adopted to arrive at the replacement values of various affected structures. The International Valuation Standards (2007) recommends the use of the Replacement Cost Method as an acceptable method to be used to arrive at the surrogate for the market value of properties/assets for which market evidence is limited or unavailable. The Replacement Cost Method makes reference to the cost of re-building similar building and improvements at the date of valuation. This implies rebuilding a similar building to the same standard of workmanship and specifications, design and layout, and inclusion of an allowance for professional fees. It is important to note that the majority of the affected structures are informal (that is, construction standards were not followed and therefore differ quite significantly in design, age, and materials). As a result, it is difficult to give different values to each structure. Consequently, estimations for better structures were made as follows:

All walls will be paid as if they have foundations and are made of cement and sand blocks, plastered inside and outside and are 10m length and 3m height.

All foundations were built with the following materials: coral stone, lime and earth mortar, and have an approximate area of 90m2.

All fences will be reinstated with more permanent material and the following dimensions were used: 3mx1m.

7.1.2 Computation of Fruit Tree Compensations Due to the lack of information regarding the actual age of the existing trees and taking into account the principle that no one is worse off by the project, an assumption was made where young meant not producing fruit yet and old meant „in production‟. As such, a young tree was assumed to be one year before production (or for Banana trees, 3 months) and old trees were assumed to be in their first year of production.

Given that permanent crops take longer to achieve the production stage, these “waiting years” must be taken into account as lost production, assuming that if the tree was not destroyed, it would be producing for those years. The waiting years for tree A = W(A)

Given the difference in tree maturity (young or adult), one or two years must be deducted to the waiting years as follows:

Young Tree A: Young years (yy)= W(A -1)

Adult Tree A: Adult years (ay) = W(A)

Once the overall number of years has been obtained, the total yield (TY) for tree A must be calculated:

Total Yield (TY(A)) = Average Yield(A) x yy(A) or ay(A)

Note that even though the first year of production has a lower yield, it was assumed for the calculation that it had the same yield as the remaining years. As such, the only difference between a young and an adult tree is the additional production year.

The production cost (PC(A)) of tree A is obtained by multiplying the TY(A) with the average market price (P(A)):

PC(A) = TY(A) x P(A)

Given that one household might have different trees (in the same or different plots), the grand total production cost (GTPC) per household is:

PC (A) + PC (B) + PC (C) +... = PC (A+B+C+...)


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When looking at tree productivity, data gathered from tree owners and fruit sellers in local markets allowed for the following assumptions.

Coconuts (see picture below) produce on average 210 coconuts per year of which 50% are used as green coconuts and 50% are used as ripe coconuts. The price for green coconuts is TSH300 per coconut and TSH600 per ripe coconut.

Figure 7-1: Coconut tree in Mpendae

Banana trees (see Figure 7-2 below) produce on average 2 clusters of bananas per year each selling at about TSH35,000 for good quality. This ARAP will assume all banana trees to be of good quality for compensation purposes.

Figure 7-2: Banana cluster from a banana tree in Magomeni


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7.1.3 Computation of the Disturbance Allowance A disturbance allowance was calculated on the assumption that any damage to a structure will bring inconveniences to the owner and these inconveniences need to be compensated for. In order to calculate a fair disturbance allowance, a daily rate was calculated with the following inputs:

Accommodation for one night for the household – given that this project will not displace people for more than a few days, a daily rate was used for accommodation based on a monthly rent. A flat rate of TSH 15,000 was adopted per person per day.

Food for one day for the household (3 meals) – This was based on cost per meal per person and a rate of TSH 3,000 per meal per person was obtained.

From the information provided by the engineering team and the construction companies it was estimated that a maximum of three nights outside of the house will be required for affected walls. This will allow for: first day - damage to structure and excavation of drainage system; second day - finish the construction of the channel on that site and the third day - rebuilding of the demolished structure. Any additional days required by the contractor should be paid on top of the compensation at a rate of TSH 27,700 per person per day. The disturbance allowance for a household was the rate per person multiplied by the number of people living in the house.

7.1.4 Computation of the Transport Allowance Transport allowance (for furniture and personal belongings) shall be paid based on rates charged by the cheapest mode of transport applicable for transporting luggage within Urban Region. However, given the informality of the market on transport costs for this area and using rates applied in similar projects in Zanzibar (ZECO, 2009), a flat rate of TSH 50,000 was adopted.

Transport allowance will only be paid to people whose structures are affected to the extent that they will be required to move away from the construction site.

7.1.5 Computation of the Inconvenience Allowance Inconvenience allowance is an allowance for miscellaneous costs that a household may incur during their stay-away from their home and when they are inconvenienced by any construction damage. A fixed rate of TSH20,000 was added for this inconvenience.

Please note the following principles:

Transport and Accommodation allowances are not payable for unoccupied property.

Transport allowance is not paid to PAPs owning crops only and/or owners of incomplete structures.

Accommodation Allowance is only payable to the property owner and not tenant(s).

Loss of profit is not payable for animal sheds.

7.2 Compensation payment procedures According to the engineering reports, there is a high probability that 8 structures will be damaged (mainly walls, foundations and some septic tanks) as well as 35 fruit trees of which 27 are banana trees and 8 are coconut trees. In addition, there are 9 structures that also have a probability, albeit lower, of being damaged by the indirect construction activities due to their poor construction practices (e.g. lack of foundation or use of unstable materials such as sand – see Figure 7-3 below) as well as many fruit trees, particularly near existing drainage channels that could be affected – referred to as accidental damages.


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Figure 7-3: Temporary wall in Magomeni

Given that there is a possibility that some of the structures identified as being affected could end up not being affected during construction of the drainage, and taking into consideration that once the drainage has been built it is possible to rebuild/reinstate the same or better structures on top of the drainage, the following compensation payment procedures are recommended:

The PAP census has identified all heads of household with high probability of damage to structures and trees (see Table 3 below).

Table 3: List of high probability affected households No. Location System Damage Nature of Displacement

1 Karakana G Garden fence (5m) Affected temporary

Veg plot (5mX2m) Affected permanent

2 Karakana G Garden fence (5m) Affected temporary

Veg plot (5mx2m) Affected permanent

3 Karakana G House foundation Affected permanent

4 Mwantenga C House Foundation Affected permanent

5 Mwantenga C Septic tank Affected temporary

House bench Affected temporary

6 Mwantenga C One coconut tree Affected permanent

7 Mwantenga C One coconut tree Affected permanent

8 Jang'ombe E Driveway (9m) Affected permanent

9 Jang'ombe E Mosque ablution area (30m2) Affected permanent

10 Jang'ombe E Two coconut trees Affected permanent

11 Jang'ombe E Garden fence (9m2) Affected temporary

12 Jang'ombe E One coconut tree Affected permanent

13 Mpendae E 27 banana trees Affected permanent

14 Mpendae E One coconut tree Affected permanent


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Below are some photographic examples of the affected structures as described above.

Figure 7-4: Affected foundation in Mwatenga (PAP N.4)

Figure 7-5: Affected septic tanks on the right hand side in Mwatenga (PAP N.5)

Figure 7-6: Temporary fence in Jang'ombe (PAP N.11)

Figure 7-7: Temporary fence and foundation in Karakana (PAP N.2 and 3)

Figure 7-8: Affected driveway in Jang‟ombe (PAP N.8)

Figure 7-9: Affected wall/ablution area of a Mosque in

Jang'ombe (PAP N. 9)

In addition to the identification of potentially affected people, options for compensation were discussed with each head of household. The majority of the affected people would rather receive the money so they can build their own structure. However, given the quality of the existing constructions, this ARAP recommends that the contractor presents again the choice of rebuilding a better and stronger structure than the one that was damaged and that this choice is presented by a senior official from the contractor.


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Whenever the PAP choice remains monetary compensation, the contractor together with a community liaison officer from the ZUSP must proceed with the compensation payment procedure as follows:

Once the contractor has identified a structure that will need to be demolished, they shall first contact the head of household.

The head of household shall provide proof of identification and status.

The contractor shall explain the potential extent of the required demolition that the head of the household might incur due to the construction activities. This must be done before start of construction.

Once the extent of damage has been explained, the contractor must again offer the affected household the choice of rebuilding a better and stronger structure (e.g. wall with foundations) or cash compensation so he can rebuild the same wall (e.g. without the foundation) himself. It is important to inform the affected household that a disturbance allowance in monetary terms will be paid in any event for the inconvenience.

If the affected household opts for monetary compensation, the contractor must provide adequate compensation for a replacement structure of similar size and materials. Table 5 gives approximate figures for compensation so as to guide the contractor with regards to compensation. However given the high probability that some of these structures will not collapse or only suffer minor damage, this ARAP will not provide full structural compensation so as not to over-compensate some households and under-compensate others. In order for people not be worse off from the construction of this project, it was recommended that the total value of compensation be calculated after the damage has occurred using the figures provided in Table 5 below.

Given the nature of this project, construction of the channel must occur before compensation. Once the construction has started and the damage has occurred, the monetary compensation as well as the disturbance allowance must be paid on the day of the damage.

When asked about financial know-how and ownership of bank accounts, the majority of affected households stated they did not have a bank account nor knowledge of how to use cheques, but they did trust the banks to handle their money. They were interested to open a bank account and receive training on how to use the financial institutions. The main bank mentioned was Barclays. This ARAP recommends the use of these financial institutions given their proximity to the location and their reliability in providing the monetary compensation with the lowest risk of corruption.

Consequently, it is recommended for monetary compensations, that a cheque be written to the affected household and that a record of the head of household receiving the cheque (e.g. photographic record combined with a signed statement with two additional witnesses) must be obtained.

Whenever the affected person needs assistance in using the financial institutions, training must be provided.

If the choice of compensation is in kind, then the contractor must provide them with a better structure in the least time possible. Note that disturbance allowance takes into account disturbance for three days and that any additional days must be paid extra.

A signed statement with two witnesses must be obtained stating that the household has received an improved structure.

For trees, monetary compensation was also the chosen preference and the same process as above should apply where the financial institution is involved in providing payment. Many trees are in common areas and replanting is not feasible.

For low probability affected households (those affected by accidental construction damage), it is important to have a fair and just compensation payment that will not leave the affected persons worse off due to the


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project. Table 4 below lists the identified households with a low probability of being affected by the construction activities. These might be affected due to their proximity to the construction site or substandard construction quality.

Table 4: List of low probability affected households

No. Location System Damage Nature of Displacement

1 Karakana G Potential wall (10mx3m) Potential temporary

2 Karakana G Potential wall (10mx3m) Potential temporary

3

Mwantenga C Potential wall (10mx3m) Potential temporary

Septic tank Potential temporary

4 Mwantenga C Potential wall (10mx3m) Potential temporary

5 Mwantenga C Potential wall (10mx3m) Potential temporary

6 Botanic Garden E Potential wall (10mx3m) Potential temporary

7 Botanic Garden E Potential wall (10mx3m) Potential temporary

8 Jang'ombe E Potential wall (10mx3m) Potential temporary

9 Meya/Mea E Potential wall (10mx3m) Potential temporary


Two coconut trees Potential permanent


House bench Potential temporary

12 Mpendae E One coconut tree Potential permanent

13 Mpendae E Potential wall (10mx3m) Potential temporary

14 All All 500 Banana trees Potential permanent

For accidental damages, the following compensation procedures must be followed:

The contractor must identify and contact head of household.

The head of household must provide proof of identification and status.


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The contractor must offer the affected household the choice of rebuilding a better and stronger structure (e.g. wall with foundations) or cash compensation to rebuild the same wall (e.g. without the foundation) himself. It is important to inform them about the disturbance allowance that will be paid in any event for the inconvenience suffered.

Follow remaining steps from 4 to 9 as set out above.

For monetary compensation, guiding rates are provided in Table 5 below:

Table 5: Guiding rates for compensation

Item Unit Compensation rate (TSH)

Compensation rate (USD)*

Wall (with foundation) wall 900,000.00

642.86

Fence meter 91,000.00

65.00

House foundation square meter 30,000.00

21.43

Garden area square meter 25,000.00

17.86

Coconut tree tree 94,500.00

67.50

Banana tree tree 70,000.00

50.00

Disturbance allowance person/day 27,700.00

19.79

Transport allowance (only for damages to house structures walls)

Moving of furniture

50,000.00

35.71

Inconvenience allowance Lumpsum 20,000.00

14.29

Septic tanks Tank 150,000.00

107.14

Driveway (2 bags of cement, 1 bag of crushed stone and labor) Driveway

90,000.00

64.29

House bench (2 bags of cement, one bag of crushed stone and labor) Bench

90,000.00

64.29

Mosque square meter 70,700.00

50.50

*An exchange rate of 1USD to 1400TSH was used as this was the exchange rate at the time of data collection (June 2010).

8.0 BUDGET AND COSTS Gaps identified between the Zanzibar Legislation and OP4.12 are defined in section 4.6 and include provisions such as compensation at full replacement cost of lost assets, disturbance and transport allowances in order to ensure that PAPs will share the benefits of the project and not be worse off as a result of the project. As the Zanzibar Urban Services Project intends to obtain funding from the World Bank, the mechanisms outlined in Section 7.2 (compensation payment procedures) and Section 9.0 (institutional organization) will be applied in order to bridge the gaps between OP4.12 and Zanzibar legislation.

Table 6 provides a summary of the estimated budget and costs required to fulfil the requirements of this ARAP to OP4.12 standards. External monitoring and evaluation was calculated based on section 11.0 and


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one international consultant for a period of 16 days including one site visit of 7 days. The RCU set up was calculated as an additional person to the team for a period of 36 months and one computer. The training of ZUSP was calculated based on an international specialist on resettlement and one international specialist on conflict resolution and a two day training course. The anticipated training costs refers to the training on the use of the banking system calculated based on focus groups with trips to the bank accompanied by one person from the financial institution. Given the nature of the project with high probability of additional damage and therefore additional affected people, a 10% contingency was included for circumstances such as a lengthy grievance redress periods, unforeseen damages, additional focus groups for training and additional training for ZUSP, among other things. Table 6: Summary of ARAP Budget

No. Affected Assets & Associated Relocation Activities Rate Total (TSH) Total US$

1 Affected Households As per census 13,257,000.00 $ 9,469.29

2 Potential Households As per census 46,323,500.00 $ 33,088.21

3 Transport Allowance As per census 600,000.00 $ 428.57

4 Disturbance Allowance As per census 2,437,600.00 $ 1,741.14

5 Inconvenience allowance 20,000 per person 680,000.00 $ 485.71

6 External monitoring and Evaluation

Lump Sum Estimate 42,000,000.00 $ 30,000.00

7 ZUSP RCU Set Up Lump Sum Estimate 42,000,000.00 $ 30,000.00

8 Training of ZUSP Lump Sum Estimate 21,000,000.00 $ 15,000.00

9 Training of affected households Lump Sum Estimate 7,000,000.00 $ 5,000.00

Total 175,298,100.00 $ 125,212.93

Contingency (plus 10%) 17,529,810.00 $ 12,521.29

Total ARAP Budget 192,827,910.00 $ 137,734.22

The total Budget for implementing this ARAP is estimated at One Hundred and Thirty Seven Thousand and Seven Hundred and Thirty Four Dollars and Twenty Two cents ($137,734.22) including a 10% Contingency.

9.0 INSTITUTIONAL ORGANIZATIONAL STRUCTURE Careful planning and management of the implementation of the ARAP can help ensure that the ARAP is delivered on time and that affected people are compensated in a timely and equitable manner. Although there is no established formula on the management of an ARAP the following recommendations are drawn


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from the best practice experiences of ARAP. The organizational units for the implementation of the ARAP including the compensation process normally include:

A Project Resettlement Coordinating Unit;

A Community Liaison Team;

A Property and Land Team;

A Compensation Payment Team (including accounting group; and

A Grievance Redress Group.

However given the smaller nature of this project and the limited available human resources in the various institutions involved, this ARAP recommends the amalgamation of some of these units. As such, for this project, the following structure is proposed:

9.1 Roles and Responsibilities Project Resettlement Coordinating Unit The role of this unit is to ensure the smooth and timely implementation of the Resettlement Action Plan. This team will also supervise, manage and support the tasks of the community and compensation teams. The coordinating unit will also resolve any problems related to coordination of the other units.

Community Liaison and Grievance Redress Officer The community liaison and grievance redress officer will be working under the RCU. From a community liaison perspective the key objective of this officer is to ensure good project relations with both the PAPs and local residents of the affected areas. The officer will be responsible for informing the PAPs and local residents about the resettlement and compensation process.

The detailed tasks of the community liaison and grievance redress officer in relation to community liaison tasks will be to:

Prepare and distribute notices of meetings at least one week prior to the meetings to local leaders and media such as radio, TV and newspapers. Notices should be distributed in Kiswahili;


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Organize meetings with local government leaders at the village level and distribute notices for general meetings to local government leaders, NGOs and villagers;

Distribute notices, press releases at various points (such as at local government offices, markets, schools, churches and mosques);

Meeting with the Shehas to explain the land acquisition process and to answer questions about the process;

Select appropriate locations for use as payment centres for compensation payments;

Explain the compensation payment process including the benefits of using a bank and the role of the bank.

Explain methodology used to calculate compensation values;

Present a summary of the Abbreviated Resettlement Action Plan to PAPs, local residents and other project stakeholders, its role and process;

Explain the process for resolving disputes that may arise during the compensation payment process. This will include the explanation of residents‟ legal rights and how to file a dispute in the legal system should they wish to lodge a legal complaint; and

Discuss any socio-economic issues regarding the ARAP that are raised by the community.

Responsible for verifying the identity of the PAPs listed in the resettlement action plan. This officer will work closely with the community liaison team and the local ten-cell leader.

With regards to the grievance redress mechanism, it is important that this officer is present at the time of payment at the payment centres and addresses any disputes that may arise. The proposed ARAP includes a mechanism to ensure that entitlements are effectively transferred to the PAPs and there is proper disclosure of information and consultations with the affected community. However there is an additional need for an effective and efficient grievance redress mechanism, which will respond to people‟s queries and problems and address key issues, concerns and complaints.

Compensation Payment Team The World Bank [2004: Involuntary Resettlement Sourcebook: Planning and Implementation in Development Projects, p259] suggests the following measures for payment of compensation. The implementation schedule and process has used these measures as a basis for the practical application of the ARAP.

Pay cash compensation into bank accounts and not directly to PAPs;

Involve financial institutions in the compensation process; and

Inform all household members about compensation payments on an individual basis.

The main objective of the compensation payment team is to make compensation payments to the PAPs.

This team will have three main functions: (1) to keep records of monies paid (accounting group); (2) to issue compensation payments and bank them (banking group) and (3) to resolve any disputes (grievance redress group).

The accounting group will ensure that all payments are made and that all legal documents are signed and witnessed. The accounting group will brief PAPs on the payment process and following the briefing go through the documentation. In the presence of the village leader (Sheha) the accounting group must confirm that the PAP is satisfied with the payment to be made. If the owner is dissatisfied with the payment the


July 2010 Report No. 12574-9898-11

accounting group will need to refer them to the grievance redress group. The accounting group needs to ensure that photographs are taken of the PAPS receiving the bank cheque to guard against fraud or future fraudulent claims.

The banking group’s range of responsibilities depends on what is eventually agreed within the ZUSP. Other projects in Tanzania have recruited representatives from Tanzanian banks to carry out banking transaction on sites where PAPs can receive immediate cash advances from their deposited cheques. Given that the project area is quite centrally located and that there are a large number of banks in the vicinity this is recommended.

There is currently, in Tanzania and particularly in Zanzibar, much debate about the best and most reliable method for compensation payments and different examples for payments in Zanzibar and Tanzania have been described in this chapter. Ultimately the choice that is least vulnerable to corruption and that is efficient and easily audited is best. Therefore we propose the following options for compensation payments:

A bank where each PAP is required to open up a bank account through which payments could be channeled. This would necessarily require bringing in a bank or banks with wide networks.

Direct payments from the Government District Machineries such as District Commissioners.

Direct payments to PAPs by the Resettlement Unit.

Direct payments to PAPs by the contractor.

Given the small nature of the resettlement impact of the project combined with the fact that some of the structures can be affected during the construction of the drainage due to their poor construction methods (e.g. lack of foundations) giving it a certain degree of unpredictability, Golder recommends a combination of payment options.

For structures that have been identified as suffering a direct impact from the construction, payments should be done through local financial institutions with support from the compensation and the community liaison and grievance redress team of the RCU.

For unidentified structures that could suffer an indirect impact from the construction due to their poor construction techniques or accidents, payments should be done through the contractor with support from the compensation and the community liaison and grievance redress team of the RCU.

It is important to note that the above payment options refer to cash compensations. For in kind compensations, Golder recommends that the contractor be responsible for the re-construction of a better structure than the one damaged. This should be done immediately after the drainage channels in the affected location are finished. It will be the compensation payment team‟s responsibility to ensure this in kind compensation occurs in a timely fashion and that the new structure is better than the previous.

The banking group‟s range of responsibilities depends on what is eventually agreed within the ZUSP. Other projects in Tanzania have recruited representatives from Tanzanian banks to carry out banking transaction on sites where PAPs can receive immediate cash advances from their deposited cheques. Given that the project area is quite centrally located and that there are a large number of banks in the vicinity this is recommended.

Sheha In Zanzibar, the sub-district (sub-municipality and sub-town council) local administration is exercised through the Sheha. According to the Regional Administration Authority Act number 1 of 1998 (Section 17), the Sheha within his Shehia is responsible for the following:


July 2010 Report No. 12574-9898-11

The implementation of all the Government laws, orders, policies and directives, for maintenance of law and order;

Reconciliation and settlement of all social and family disputes arising in that area in accordance with the cultural and customary values of that area and wisdom;

Keeping records of all documents relating to the registration of marriage, divorce, births and deaths, ngoma permits, transportation of crops, livestock, charcoal permits and so forth as directed from time to time by the institutions concerned;

The control of immigration in his Shehia and keeping records thereof;

Receiving notification for convening all public meetings;

To do all other things which are legal and have been assigned to him by the District Commissioner

A “Shehia Advisory Council” is established to advice the Sheha. The Council is supposed to be composed of a minimum of 12 members – all appointed by the Sheha himself in consultation with the District Commissioner. A third of the members shall be “elderly person” (60 years or above and “respectable in his Shehia”) (Prof. Othman, 2003).

9.2 Capacity Building Considering the lack of experience of the ZUSP it is recommended that its officers undergo a set of training programs to help them implement the resettlement program. ZUSP can access resource people from WB or other national agencies/universities for organizing such training programs for its officers and implementation team. Some of the key training inputs required for successful implementation of the ARAP should be on the following themes.

Resettlement policies and principles - WB policies and provisions of ZUSP‟s ARAP;

Documentation and record keeping of resettlement process and disbursement of compensation and other benefits;

It is also suggested that besides the training inputs there should be a visit to a suitable ongoing resettlement program within Zanzibar or Tanzania to learn from their experiences; and

Training should include shadowing resettlement experts working on the ARAP implementation.

The training programs should be timed well before the implementation process and at critical stages during the ARAP implementation to equip the implementation team for the program. In addition to the ZUSP training, it is recommended that the Shehas of the affected Shehias also receive some training particularly in the following areas:

Documentation and record keeping of resettlement process and disbursement of compensation and other benefits;

Grievance redress mechanisms and conflict resolution best practices

Basic notions of resettlement principles and best practices

10.0 GRIEVANCE MECHANISM Disputes will inevitably arise during the implementation of any RAP. It will therefore be important to have a clear and established grievance procedure for PAPs so that concerns and disagreements regarding the resettlement process and compensation can be addressed satisfactorily. The success of a grievance mechanism is dependent on how swift issues are resolved.


July 2010 Report No. 12574-9898-11

PAPs will be notified (e.g. handed a letter of notification that is explained to those who cannot read by a trusted intermediary) about the grievance mechanism. In addition, the RCU‟s community liaison and grievance redress officer will be responsible for receiving and processing grievance complaints from PAPs. The name and contact information for this person will be given to the relevant shehas and all PAPs. In addition, this person will undertake two site visits a month and inform the PAPs in a timely manner of the time and location he will be stationed (on the site), and where the PAPs can lodge their grievances.

Under this grievance mechanism, if a PAP is dissatisfied with a resettlement or compensation measure or the delivery of entitlements, he or she must lodge a complaint in first instance to the community liaison and grievance redress officer or the local leader (e.g. Sheha) which will then direct the complaint to the community liaison and grievance redress officer no later than three (3) days after receiving the complaint. All complains and respective actions must be recorded.

If the dispute cannot be resolved within a stated period of fourteen (14) days, it will be referred to the Regional Manager of the project resettlement coordination unit where amicable resolution will be sought between the RCU and the PAP within another established period of twenty-one (21) days. However, if the dispute is not resolved, the aggrieved party is free to take the matter to a Primary Court of Law as their final resort. Compensation will be paid upon resolution of the grievance or dispute.

Primary Courts deal with criminal and civil cases of customary nature. If the case is not resolved, it is taken to the Magistrate Court. If not solved, the claim is taken to the High Court. The High Court of Zanzibar is structured with the same structure as the High Court of Tanzania Mainland and it handles all appeals from the lower subordinate courts. Finally, the last is the Court of Appeal of Tanzania which handles all matters from the High Court of Zanzibar (Prof. Othman, 2003).

The grievance procedure will not replace existing legal processes, but will provide a consensus-based grievance mechanism that will seek to resolve issues rapidly in order to expedite the receipt of compensation without having to resort to expensive and time-consuming legal options.

The structure of the Zanzibar legal system is as follows;


July 2010 Report No. 12574-9898-11

The grievance team must keep a database of all grievance claims as well as the period if took to resolve the disputes which will be kept on record by the RCU. The diagram above refers:

11.0 MONITORING AND EVALUATION Monitoring is a crucial element for the success of any resettlement project and should be planned and costed as early as possible in the project. In order to comply with World Bank requirements the following internal monitoring procedures will be adhered to.

11.1 Internal Performance Monitoring This monitoring will be based on the abbreviated resettlement implementation plan and will check that physical progress has been made in execution of required actions. Narrative reports on progress should be produced on a regular basis. Given the small nature of the project in such a wide area, it is recommended that these be presented after the construction of each system. The main performance milestones to be checked will be:

Census, assets inventories, assessments and socio-economic studies completed;

Grievance and redress procedures in place and functioning;

Compensation payments disbursed;

Monitoring and evaluation reports submitted.

11.2 Impact Monitoring The impact monitoring will be used to assess the effectiveness of the ARAP and its implementation in meeting the needs of the affected population. It will use census information gathered at the beginning of the project as baseline information. Reporting should be conducted on an annual basis. The methodology for impact monitoring should involve field checks of:

Payment of compensation and timing of payments;

Housing/structure construction;

Provision of displacement & disturbance compensation;

Adequacy of training and other support provided;

Infrastructure replacement;

Interviews with a random sample of affected people from different sites to assess their knowledge and concerns regarding the resettlement process, their entitlements and rehabilitation;

Check of the type of grievance issues and the effective functioning of the grievance redress mechanisms by interviewed aggrieved affected people and reviewing grievance and appeals processing;

Advise project management of changes necessary to improve implementation of the ARAP.

11.3 Final External Evaluation This external evaluation will assess whether compensation and other measures to restore the living standards of project-affected persons have been properly designed and carried out. An external independent third party should complete this.


July 2010 Report No. 12574-9898-11

12.0 IMPLEMENTATION SCHEDULE


July 2010 Report No. 12574-9898-11

13.0 BIBLIOGRAPHY Golder Associates Africa. (May, 2010). ESIA for the Proposed Zanzibar Urban Services Project (ZUSP). Zanzibar: Golder Associates.

Ingenieure, H. G. (2010). Final Design Report for the Component 1.2 Construction of storm water drainage system. Zanzibar.

Kreibich, V. (2003). Informal Settlement Development in Zanzibar. Germany: Spring Working Paper No. 21.

Prof. Othman, P. M. (2003). Edited Version of chapter by Per Tidemand in “Zanzibar Good Governance Strategy. Zanzibar.

Scholz, W. (n.d.). Challenges of informal urbanization. The case of Zanzibar town. Retrieved from University of Dortmund: http://www.raumplanung.uni-dortmund.de/geo/spring/

SMEC International . (2010). Resettlement Action Plan for Tanzania Strategic Cities Project, Mbeya City Council.

SMEC. (2010). Resettlement Action Plan for Tanzania Strategic Cities Project, Mtwara Municipality. Mtwara Municipality.

The Revolutionary Republic of Zanzibar. (1992). Land Tenure Act 1992. Zanzibar.

The Revolutionary Republic of Zanzibar. (1996). The Environmental Management for Sustainable Development Act of 1996. Zanzibar Government Gazette (VOL VI, NO. 5743).

World Bank. (2001, December). The World Bank Operational Manual on Involuntary Resettlement (OP.4.12).

GOLDER ASSOCIATES AFRICA (PTY) LTD.

Patricia Nicolau Frank Snijder Social Research & Resettlement Social Research & Development Divisional Leader

PN/FS/sj

NUIT 400196265 Directors: FR Sutherland, VJ Cupedo

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July 2010 Report No. 12574-9898-11

APPENDIX A Visual Description of the Stormwater Drainage Systems

VISUAL ILLUSTRATION OF RAP REQUIREMENTS OF THE PROPOSED STORMWATER DRAINAGE SYSTEMS

1/29

System Location Description Visual Illustration

Point No. 1

Lat 0523495,

Long 9321431

System E – Jangombe

Rehabilitation of existing channel.

Resettlement issues:

Potential banana trees however it is hard to identify the owner.

Pict. No. 1902 – banana tree near channel

Pict. No. 1903 - channel

Point no.2

Lat 0522753

Long 9317077

System E – Jangombe

Built a new channel that connects to an existing channel and that leads to the Botanic Garden Catchment area.


Affected driveway (9m x1) and tree

Pict. No. 1904 – coconut tree

Pict. No. 1905 - driveway


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Point no.3

Lat: 0522753

Long: 9317077

Botanic Gardens

Massive shade tree at the end of the botanic garden catchment area

Resettlement issues: none

Pict. No. 1908 – shade tree

Pict. No. 1909 – shade tree

Point No. 4

Lat:522972

Long: 9316692

System E-11

Botanic Gardens

Existing channel to be widened and realigned (1.5m by -0.6m). New channel to be built from here.

Resettlement issues: potential banana trees.

Pict No. 1911 – Existing channel

Pict No. 1912 –Channel route


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Point 5

Lat:522956

Long:931617

System E-11

Botanic Gardens

Channel will turn this corner.

Resettlement issues: given the sharpness of the corner, the walls of these houses could potentially be affected due to poor construction practices

Pict No. 1913 – Sharp corner on channel route

System E-11

Botanic Gardens

Channel of point 5 will come out of where the shade tree is standing- Shade tree will be destroyed.


Pict. No. 1914 – Shade tree on channel route


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Point 6

Lat:523025

Long:9316287

System E Migombani

Catchment area of Migombani.


Pict. No. 1915 – Catchment area

Pict. No. 1916 – Banana fruit tree in Migombani. Not affected.

Point 7

Lat:523720

Long:9317460

System E Migombani

Location of where the channel will go through (wide street)


Pict. No. 1917 – Channel route

Pict. No. 1918 – photo of a coconut tree (not affected), for illustrative purposes


5/29


Point 8

Lat:523791

Long:9317355

System E Migombani (Meya)

Location of where the channel will go.


2/3 coconut trees that will be destroyed and possibly of the bench of the house and a temporary fence of a house.

Pict. No. 1919 – potential two coconuts destroyed

Pict. No. 1920 – potential two coconuts destroyed

Point 9

Lat 523815

Long 9317350



The bench of the house will need to be destroyed

Pict. No. 1921 – bench of house that could potentially (low probability) be destroyed


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Point 10

Lat: 523795

Long:9317347


A temporary fence of house near by using unstable material.


Pict. No. 1922 – temporary fence of a house

Pict. No. 1923 – temporary fence of house

Point 11

Lat: 523984

Long: 9316918

System E

Binti Amrani

Catchment area of Binti Amrani where the drain will start from.


Pict. No. 1926 – Catchment area of Binti Amrani

Pict. No. 1929 – Catchment area of Binti Amrani


7/29


Point 12

Lat:524409

Long: 9317239

System E

Mpendae

Location of channel to be built.


Houses on both right and left side (more of less 5 walls affected), Banana trees (3), Coconut trees (1),

Papaya tree (very low probability)

Pict. No. 1933 – Walking the future channel, banana trees affected.

Pict. No. 1934 – potential walls of houses with high probability of being damaged

Pict. No. 1936 – coconut tree possibly affected

Pict. No. 1935 – banana tree


8/29


Point 13

Lat:524416

Long:9317267

System E: Mpendae

Catchment area of Mpendae

NA NA

Point 44

Lat: 522905

Long:9317185

System E: Jangombe

Channel route with some structures affected. Channel will be 1.5m and covered.


One coconut tree

Pict. No. 2016 – shack made of zinc and wood

(not affected)

Pict. No. 2017 – coconut tree


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Point 44

Lat: 522905

Long:9317185

Pict. No. 2018 – Shack (not affected)

Point 45

Lat: 522886

Long:9317190

System E: Jangombe

Channel route with some structures affected. Channel will be 1.5m and covered

Resettlement issues: temporary fence made of corrugated iron sheets.

Two coconut trees

Pict. No. – Two coconut trees affected.


10/29


Point 45

Lat: 522886

Long:9317190

Pict. No. 2019/2020 – temporary fence made

of zinc plates

Point 43

Lat:522935

Long:9317178

System E: Jangombe

Channel route with some structures affected. Channel will be 1.5m and covered


Mosque that will need to have the abolition area removed (30m2)

Pict. No. 2011/2012 – Narrow path where the channel will go through. Wall to the right hand side is the abolition area of the Mosque that will be destroyed.


11/29


Point 43

Lat:522935

Long:9317178

Pict. No. 2013/2014 – Mosque path and behind themosque.

Point 14

Lat:523511

Long:9317999

System D:

Kidongo Chekundo

Channel will cross this street.


Pict. No. 1937 – channel route



12/29


Point 15

Lat:523450

Long:9317999

System C: Mungano

Route where the channel will go through, and connect to an existing channel that will be rehabilitated.


Pict. No. 1939/1940 – street where the channel will go through

Pict. No. 1941 – channel that will be rehabilitated

Point 16

Lat: 523583

Long:9318240

System

Mungano

Flooded area in a school area called Skulia Mgungi Sebleni in Mungano


Pict. No. 1943 – Skulia Mgungi Sebleni in Mungano (not affected)

Pict. No. 1946 – Flooded area


13/29


Point 17

Lat:524063

Long:9318760

System C

Mungano

Channel needs to be rebuilt up to 4 metres down.


Possibility (very low) that some banana trees might be damaged.

Pict. No. 1947 – existing channel to be rehabilitated

Pict. No. 1949 – existing channel to be rehabilitated

Point 18

Lat:524103

Long: 9318951

System C

Mungano

Main drain In system C. Won’t get touched. Just the smaller drains on the side which join in. There is always water here.



14/29


Point 18

Lat:524103

Long: 9318951

Pict. No. 1949/1951 – existing channel

Pict. No. 1952/1955 – existing channel

Point 20

Lat: 524237

Long: 9318350

System C

Sebleni

Catchment area of sebleni. This catchment will receive piped water from various location/catchments such as Montenga, Kwamba Poto, Dijini. Big Channel to be built.

Pict. No. 1956 – Sebleni Catchment area

Pict. No. 1961 – house foundation (not affected)


15/29


Point 21

Lat: 524635

Long:9318039

System C

Sebleni

Where the channel will go through from Sebleni catchment.


Pict. No. 1962 – street where the channel will pass


Point 22

Lat:524635

Long:9318040

System C

Sebleni

Where the channel will go through from Sebleni catchment.


Some trees such as coconuts could be destroyed

Pict. No. 1964 - One Coconut tree and part of one septic tank on the right hand side. Possible septic tank on the left hand side however poorer construction and is connected to the wall of the house which could be damaged if septic tank is removed. Possible house bench on the RHS.


16/29


Point 23

Lat:524632

Long:9318007

System C

Sebleni

Where the channel will go through from Sebleni catchment


Some structures could be damaged

Pict. No. 1963 – electricity pole will be removed.

Point 24

Lat: 524656

Long:9317901

System C

Nyerere

Nyerere Catchment




17/29


Point 25

Lat: 524694

Long:9317746

System C

Mwantenga

Mwantenga Catchment


Pict. No. 1967 – Mwantenga Catchment area

Point 26

Lat: 524694

Long:9317747

System C

Mwantenga

Mwantenga Catchment


Pict. No. 1968 – Mwantenga Catchment area


18/29


Point 27

Lat:524664

Long:9317753

System C

Mwantenga

Route of the channel with a wall that was built probably to stop flooding


Pict. No. 1969 – preventive wall to stop flooding. Will be destroyed but not compensated as it is in a public place and for prevention measure purposes

Pict. No. 1970 – House foundations near route. Probability of being damaged is low.

Point 28

Lat:524658

Long:9317776

System C

Mwantenga

Around 27 banana trees near the route where the channel will cross.


Some banana trees might need to be destroyed

Pict. No. 1973-banana cluster


19/29


Point 28

Lat:524658

Long:9317776

Pict. No. 1971/1972 – banana trees near the ditch. Could be destroyed.

System C

Mwantenga

Electricity pole in the middle of the route


Pict. No. 1975 – electricity pole


20/29


Point 29

Lat: 524632

Long:9317944

System C

Mwantenga

Channel route.

Resettlement Issues:

Possible destruction of the house foundations and stove

Pict. No. 1976 – House foundation that will be damaged

Pict. No. 1977 – house foundations and stove

Point 30

Lat:524628

Long:9317969

System C

Mwantenga


Septic tanks to be destroyed, coconut tree, electricity pole, water prevention walls, benches

Pict. No. 1978 – electricity pole removed, possible septic tanks destroyed, one coconut tree

Pict. No. 1979 – same


21/29


Pict. No. 1980 – possible bench will be damaged

Pict. No. 1981 – same

Point 31 Lat:524664 Long:9319695

System C Mwantenga


NA NA

Point 32 Lat: 524753 Long: 9319459

System I: Kwantipura

Existing channel will be realigned. There is nothing on the other side of the road because it is a catchment area. Resettlement issues: none

NA NA


22/29


Point 33

Lat: 524170

Long: 9319446

System I

Kanyene

There is another similar area with similar drainage system called Avenger.


Potential loss of trees such as coconut trees (2) and banana trees.

Pict. No. 1984 – banana trees

Pict. No. 1985 – banana trees

Point 34

Lat:524135

Long:9319431

System I

Kanyene

Reinstatement of the bridge that has collapsed and the drainage system.


There are quite a few trees (banana trees) but the rehabilitation of the current drainage system has very low probability of harming many trees given the drainage is already quite wide.

Pict. No. 1986 – Banana trees near existing channel

Pict. No. 1989 – bridge that will be reinstated


23/29


Point 35

Lat: 524452

Long: 9320149

System G

Mzushi

Mzushi Catchment where the pipe will start.




System G: Mtopepo Karakana

Measures to protect from storm runoff and flooding


Pict. No. 1994 – protective flood measures

Pict. No. 1995– protective flood measures


24/29


Point 35

Lat: 524452

Long: 9320149


Wet soil in Karakana. Images of flood damage


Pict No. 1996 – Wet soil

Point 36

Lat: 524102

Long:9320709


Karakana catchment


Pict. No. 1997 – Permanent water


25/29


Point 37

Lat: 524146

Long: 9320704


Channel route where the walls from three houses might be affected.

This route was later said to be modified to another route where no houses will be affected.


Pict. No. 1998 – potential channel route


Point 38

Lat: 524144

Long: 9320709

(2Kar11Kha- Mrs. Siti Shamite Hassan)


Channel route with some structures affected.

Resettlement issues: garden fences, vegetable plot and one house foundations

Pict. No. 2000 – garden fence of two houses affected

Pict. No. 2001 – Foundation to the RHS partially affected


26/29


Point 39

Lat: 524186

Long: 9320701


Channel route with potential for structural (wall) damage. This route was later changed for a route with less likelihood of structural damage


Point 40

Lat 524191

Long: 9320699





27/29


Point 41

Lat: 524214

Long: 9320699






Coconut tree

Pict No. 2007 – Coconut tree


28/29


Point 42

Lat: 525180

Long: 9316895

System H Catchment area: when it rains it floods across the street (op of picture). System H starts upstream from this catchment.


Pict No. 2008 – catchment area

Point 46

Lat:521230

Long:9318071

System F Area below sea level will have perforated pipes underground to absorb and direct water more rapidly into the sea.

This area is used for recreational purposes. During rainy season this area is inundated.


Pict No. 2023 – Recreational area

Pict No. 2025 – recreational area


29/29


Point 47

Lat: 521203

Long:9318051

System F Area used for mending fishing nets by local fishermen. Activity will not be affected during construction.


Pict No. 2028 – Area used by fisherman

Point 48

Lat: 523102

Long:9319960

System I Discharge Area - Channel that takes the water into the sea. Will be rehabilitated with a width of 3.5m and depth of 1.5m.


Pict No. 2033 – Discharge area

Pict No. 2036 – Discharge area

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July 2010 Report No. 12574-9898-11

APPENDIX B Document Limitations


July 2010 Report No. 12574-9898-11

DOCUMENT LIMITATIONS This Document has been provided by Golder Associates Africa Pty Ltd (“Golder”) subject to the following limitations:

i) This Document has been prepared for the particular purpose outlined in Golder‟s proposal and no responsibility is accepted for the use of this Document, in whole or in part, in other contexts or for any other purpose.

ii) The scope and the period of Golder‟s Services are as described in Golder‟s proposal, and are subject to restrictions and limitations. Golder did not perform a complete assessment of all possible conditions or circumstances that may exist at the site referenced in the Document. If a service is not expressly indicated, do not assume it has been provided. If a matter is not addressed, do not assume that any determination has been made by Golder in regards to it.

iii) Conditions may exist which were undetectable given the limited nature of the enquiry Golder was retained to undertake with respect to the site. Variations in conditions may occur between investigatory locations, and there may be special conditions pertaining to the site which have not been revealed by the investigation and which have not therefore been taken into account in the Document. Accordingly, additional studies and actions may be required.

iv) In addition, it is recognised that the passage of time affects the information and assessment provided in this Document. Golder‟s opinions are based upon information that existed at the time of the production of the Document. It is understood that the Services provided allowed Golder to form no more than an opinion of the actual conditions of the site at the time the site was visited and cannot be used to assess the effect of any subsequent changes in the quality of the site, or its surroundings, or any laws or regulations.

v) Any assessments made in this Document are based on the conditions indicated from published sources and the investigation described. No warranty is included, either express or implied, that the actual conditions will conform exactly to the assessments contained in this Document.

vi) Where data supplied by the client or other external sources, including previous site investigation data, have been used, it has been assumed that the information is correct unless otherwise stated. No responsibility is accepted by Golder for incomplete or inaccurate data supplied by others.

vii) The Client acknowledges that Golder may have retained sub-consultants affiliated with Golder to provide Services for the benefit of Golder. Golder will be fully responsible to the Client for the Services and work done by all of its sub-consultants and subcontractors. The Client agrees that it will only assert claims against and seek to recover losses, damages or other liabilities from Golder and not Golder‟s affiliated companies. To the maximum extent allowed by law, the Client acknowledges and agrees it will not have any legal recourse, and waives any expense, loss, claim, demand, or cause of action, against Golder‟s affiliated companies, and their employees, officers and directors.

viii) This Document is provided for sole use by the Client and is confidential to it and its professional advisers. No responsibility whatsoever for the contents of this Document will be accepted to any person other than the Client. Any use which a third party makes of this Document, or any reliance on or decisions to be made based on it, is the responsibility of such third parties. Golder accepts no responsibility for damages, if any, suffered by any third party as a result of decisions made or actions based on this Document.

GOLDER ASSOCIATES AFRICA (PTY) LTD

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Golder Associates Africa (Pty) Ltd. Thandanani Park Matuka Close Midrand South Africa T: [+27] (11) 254 4800

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