THE UNITED REPUBLIC OF TANZANIA MINISTRY OF WORKS, TRANSPORT TANZANIA NATIONAL ROADS AGENCY Tanzania Transport Integration Project (TanTIP) Contract No. TRD/HO/1023/2018/19 MTWARA-MINGOYO-MASASI ROAD REHABILITATION PROJECT LIVELIHOODS RESTORATION PLAN DRAFT FINAL 28 NOVEMBER 2023 In Joint Venture with Sub-Consultants Mtwara-Mingoyo-Masasi Road Rehabilitation Project – Livelihoods Restoration Plan EXECUTIVE SUMMARY The Government of the United Republic of Tanzania, represented by the Ministry of Finance and Planning, has secured credit from the World Bank for implementation of the Tanzania Transport Integration Project (TanTIP). The project is being implemented through the Tanzania National Road Agency (TANROADS). A portion of the TanTIP proceeds has been allocated to the rehabilitation and improvement of the Mtwara-Mingoyo-Masasi Road (hereafter termed the Sub-project). To ensure unimpeded access to the existing road reserve, TANROADS will need to relocate all persons that occupy or utilize the road reserve. The road rehabilitation work is not anticipated to result in the compulsory acquisition of land or resettlement of any persons from their place of residence. The works will however result in the economic displacement of street-side vendors, the loss of one mosque and the need to relocate historical road-side graves under Environmental and Social Standard 8: Cultural Heritage (ESS8). In cases where a Sub-project under TanTIP results in either the compulsory acquisition of land, the restriction of access to land, the loss of livelihoods or involuntary resettlement, the Sub-project is required to adhere to the TanTIP Resettlement Policy Framework (RPF) of 2022. The RPF establishes the principles and requirements for the Sub-project to align with the World Bank Environment and Social Standard 5 (ESS5). The RPF is an agreed commitment between the Tanzanian Government and the World Bank and is part of the legally binding Financing Agreement. 1. SCOPE OF DISPLACEMENT Resettlement and compensation planning commenced by TANROADS as early as 2017, which culminated with the preparation of an Abbreviated Resettlement Action Plan (ARAP) by the Tanzania National Roads Consulting Engineering Unit in June of 2021. The ARAP initially estimated that 59 mobile stall vendors would be displaced and there would be the need to exhume 11 graves. This small number of affected persons merited preparing an ARAP under, at the time, the World Bank Operational Policies. TANROADS estimates that a total number of affected vendors has expanded considerably over the last two years to 1312 vendors. This is based on field visits undertaken by TANROADs in May 2023 to communicate the cut-off date. It is however noted that this is an estimated number and was not based on a formal registration process of affected vendors. To resolve this, a vendor registration process was undertaken by TANROADS between 15 to 30 October 2023. This was to resolve the lack of a formal vendor census that would determine who is eligible for compensation. The vendor registration shows a total of 286 vendors distributed across 12 different villages. i Mtwara-Mingoyo-Masasi Road Rehabilitation Project – Livelihoods Restoration Plan However, it should be noted that the vendor profile is highly dynamic, with changes in the number of vendors monthly and seasonally. There is a greater permanent presence of businesses with fixed buildings or stalls, while vendors that operate off ground-sheets or sell food to local road traffic have greater fluctuations in numbers. During 15 to 30 October 2023, many of the vendors were not present as they were harvesting cashews. Given the dynamic nature of the local vendors, this LRP gives both a total estimate of the expected numbers of vendors, as well as those formally registered between 15 to 30 October 2023. It is the recommendation of this LRP, that an updated vendor census/registration is done immediately before TANROADS is prepared to commence their relocation. In addition to the street vendors, the Sub-project will result in the loss of one mosque located within the road reserve. In anticipation of relocation, the custodians of the mosque have already been able, in conjunction with the village authorities, to secure a replacement site on the opposite side of the road. They have been relying on donations from their congregants to buy new materials to construct a new mosque, and they noted that they are awaiting formal feedback from TANROADS on what relocation support may be provided. Finally, the 2021 ARAP identified 11 graves that would need to be exhumed. A joint review of the graves through the updated 2023 Environmental and Social Impact Assessment (ESIA) and this Livelihoods Restoration Plan (LRP) shows that they are historical graves and not recent graves. Where graves are relatively recent, the exhumation and reinternment of the body is covered as part of the resettlement process. Historical graves are however covered under ESS8 and under the Sub-Project Cultural Heritage Chance Finds Procedure, as provided in the updated 2023 ESIA. 2. IMPLEMENTATION STATUS TANROADS did not implement the ARAP, largely due to COVID-19 conditions into 2023. Based on agreement between the World Bank and TANROADS, in March 2023, the TanTIP project was migrated from the World Bank Operational Policies (OPs) to the World Bank Environmental and Social Framework (ESF) of 2017 as the applicable standard to manage project environmental and social risks. Considering the migration, the World Bank and TANROADS decided that all existing environmental and social risk management instruments for the TanTIP Project would be redrafted to align with the provisions of the ESF and that all future environmental and social risk management instruments for TanTIP would follow the provisions of the ESF. Due to the migration of standards, and time delays caused by COVID-19 restrictions, the ARAP and supporting data had become outdated. The World Bank and TANROADS agreed in early 2023 that TANROADS would prepare an updated plan. Given that there is no physical displacement (related to the loss of a person’s place of residence), the ARAP was converted to this Livelihoods Restoration Plan (LRP) to align closer with the newer ESF standards. ii Mtwara-Mingoyo-Masasi Road Rehabilitation Project – Livelihoods Restoration Plan 3. OBJECTIVES This LRP provides greater detail on the social and economic status of affected persons, notably the affected street vendors. It also establishes an eligibility and entitlement framework that is more closely aligned with the World Bank ESF objectives, including those listed below: 1. To avoid involuntary resettlement or, when unavoidable, minimize involuntary resettlement by exploring project design alternatives. Under this Project, all works is limited to the existing road reserve and there is no anticipated need to acquire land or relocate a person’s place of residence. 2. To avoid forced eviction, and with respect to this Project, this concerns providing vendors located within the road reserve relocation support, as they are not provided such entitlements under national law. 3. This LRP establishes an eligibility and entitlement framework that provides timely compensation for loss of assets, relocation support and livelihoods restoration measures to assist street vendors in their efforts to improve, or at least restore their livelihoods and living standards. 4. To improve the livelihoods and status of vulnerable street traders through the provision of additional engagement, relocation support and livelihoods restoration measures. Such measures will also support sustainable development programs by improving roadside trade conditions as part of the road upgrade works. 3. PROFILE OF STREET VENDORS Street vendors make up bulk of the economically displaced persons. Vendors typically operate out of various types of street-side structures including (1) fixed brick buildings, (2) fixed shelters constructed with wood poles and corrugated iron roofing, while the smallest and most informal form of trading is undertaken on small tables or on ground sheets. The type of street trading undertaken by affected street vendors is similarly varied, with the most common being the sale of fresh and cooked food as well as packaged from street-side stalls. While less in numbers, there are also workshops for the repair of cars and bicycles, grinding mills and welding, as well as stores selling a range of furniture, clothes, and other personal items. Street vendors are often assumed to be entirely informal or petty traders. However, the documentation or registration status of affected street vendors is more complex and varied than what first appears. A Market Survey undertaken of affected vendors in support of this LRP shows that 23% vendors claimed to be registered with the Tanzanian Revenue Authority, while another 45% claimed to be registered with the local village councils. Approximately a third (31%) claimed to be not registered in any form, and these tended to be the smallest and most informal of all the street vendors. The registration status of street vendor is important as Tanzanian Law provides only cash compensation for businesses with auditable accounts, but it is largely silent on how small-scale vendors are to be compensated even if they are registered or not. The WB ESS5 (paragraph 34) is however clear that all vendors, irrespective of this tax and registration status, are eligible for compensation or relocation support. Under the LRP, all street-side vendors are deemed eligible. iii Mtwara-Mingoyo-Masasi Road Rehabilitation Project – Livelihoods Restoration Plan 4. ENTITLEMENT FRAMEWORK Consistent with the understanding of the likely profile of affected street vendors, as well as the expected loss of the Mosque and graves, TANROADS will provide relocation support to affected vendors as well as the Mosque and grave custodians. The type of relocation support to be provided is based on (1) Tanzanian land acquisition law, (2) legal agreements with the World Bank, (3) the TanTIP Environmental and Social Commitment Plan (ESCP), the (4) the World Bank Environmental and Social Standard 5 (ESS5) on Land Acquisition, Restrictions on Land-Use and Involuntary Resettlement, and (5) the World Bank Environmental and Social Standard 8 (ESS8) on Cultural Heritage. The type of support is presented in Table 1 below. Table 1: Summary of Relocation Support Entitlements No. Type of Loss Relocation Support Measures • Cash compensation (at full replacement value) OR • Provision of replacement business structures. AND Loss of Fixed • Disruption and Transport Allowance. 1 Structures • Transport allowance. • Right to salvage existing materials. • Financial management training. • Permitted to return to their original place of business, or • Provided support to move to a road-side market space. • Cash compensation at full replacement value Loss of Semi- AND Mobile or • Disruption and Transport Allowance. 2 • Right to salvage existing materials. Mobile • Financial management training. Structures • Permitted to return to their original place of business, or • Provided support to move to a road-side market space. Loss of 3 • Provision of loss-of-profit compensation Income • Cash compensation, at full replacement value. Loss of AND 4 • Investigate the Mosque grounds for any unmarked graves and if any unmarked Mosques graves identified, cease work, contact the relevant government/district health officials/ authorities, and apply the relevant provisions of national law and ESS8. Loss of • Obtain permits and organize the relocation of historical graves consistent with the 5 Historical procedures established in the Sub-project Chance Finds Procedure as well as Graves relevant Tanzanian heritage laws. • Vulnerability allowance based on a lump sum equivalent to 6 months to one year of Vulnerable subsistence allowance rates provided by government programs (e.g., TASAF). 6 People AND • a) Supplementary support as provided in this LRP. Loss of Rental • Cash compensation calculated as the cost of the outstanding rental. or Tenancy • AND 7 • Disruption allowance. Rights • Financial management training. iv Mtwara-Mingoyo-Masasi Road Rehabilitation Project – Livelihoods Restoration Plan No. Type of Loss Relocation Support Measures • Cash compensation valued based on average equivalent rental costs at a predefined transitional period. • AND • Disruption and Transport Allowance. • Financial management training. Tanzanian law (notably the Land Acquisition Act of 1967 and associated regulations) grants compensation only to valid landowners, and is largely silent on the rights and entitlements of persons occupying or using an existing road reserve. This is not the case under ESS5 where persons without land ownership rights are also eligible for compensation. Consistent with the TanTIP RPF of 2022, where national and ESS5 standards or requirements differ, the higher standard must be adopted. As such, TANROADS will provide compensation to affected street vendors consistent with the provisions of this LRP. The compensation will largely be in the form of cash and allowances that are intended to provide sufficient cash reserves for local vendors as they relocate to a new site of trade. The same will apply to the one lost mosque, as the custodians have already secured a new site and the additional cash compensation will permit them to accelerate the construction of the new mosque. 5. LIVELHOODS RESTORATION To ensure that street-side vendor livelihoods remain sustainable after the transitional period, a central pillar of any livelihood restoration program offered by TANROADS will center on securing alternative market spaces. Interviews with affected vendors undertaken in June 2023 in support of this LRP, noted that location is important for their business activities, because their customer base is clustered in town and village row ward centers, and that and moving away from these centers would be problematic in terms of loss of customers and business. As such, no relocation outside of the town and village centers would be supported by the affected vendors. Rather any livelihoods restoration support will need to make provision for new market spaces at the current location (but away from the road reserve), with preferential access to any existing market spaces or the development of new market spaces at the current location. This LRP, in consultation with local vendors, identified several potential sites for new market spaces. TANROADS will explore the development of these spaces in consultation with the local authorities as part of the implementation phase. 6. VULNERABLE PEOPLE Affected persons who are members of vulnerable groups will include street vendors that are either (1) elderly, (2) females, (3) with disabilities or (4) minors. The Market Survey of a sample of affected street vendors suggest that up to 34% of all vendors may fall into one of the four above categories, however this is dominated by female traders. v Mtwara-Mingoyo-Masasi Road Rehabilitation Project – Livelihoods Restoration Plan TANROADS, during the implementation phase, will identify specific vulnerable traders during the update of the vendor register. TANROADS will provide a Vulnerability Allowance consistent with the TanTIP Resettlement Policy Framework. Under the LRP, TANROADS will also provide supplement support to vulnerable people including: 1. Supplementary Engagement: TanRoads will undertake direct one-on-one engagement with vulnerable people, instead in open community meetings, to safeguard their privacy and dignity. This will be undertaken directly via the Social Safeguard Specialist and Community Liaison Officers (CLOs). 2. Proxies/Parents/Guardians: TanRoads will allow vulnerable people (at their own discretion) to nominate a proxy that will support them during any relocation negotiations and permit the proxy to be a signatory to any agreement. For minors, this will include the participation of their parents or next-of-kin. 3. Payment of Allowances: TanRoads will directly assist vulnerable people to open bank accounts and help them to access any available allowances, in the form of administrative and transport support. 4. Moving Support: TanRoads, at the request of a vulnerable person, may provide direct supervision, additional manual labor, and transport to assist in the salvage and relocation of any movable goods owned by that person. This would be in-lieu of the moving allowance. 5. Priority Access: TanRoads will provide priority access to vulnerable people in reinstating their trades at any proposed small street markets or markets provided under the livelihood restoration program. 6. Monitoring: TanRoads will undertake regular internal monitoring and surveillance of verified vulnerable people during and after their relocation as part of the monitoring requirements established in this LRP. TANROADS will also provide supplemental assistance to women, and ensure the safeguarding of gender-based rights, including measures to address the risk of increased incidence of Gender-Based Violence in relation to compensation and relocation activities. Such additional support will include: 1. Representation During Engagement: TanRoads will ensure fair representation of female vendors as part of any consultative forums, community meetings and interviews. This will include women- only-facilitated and attended consultations, to ensure women have opportunities to discuss their needs, interests, and perspectives, free of the risk of coercion or intimidation. 2. Representation During Compensation Negotiations: The negotiations of compensation will consider the views and needs of both male and female vendors equally. In the case of female vendors, they will be given the freedom to negotiate any relocation support by themselves or may nominate a witness to support her. 3. Payment of Allowances: TanRoads will directly assist women vendors to open their own private bank accounts, should it be requested, and help them to access any available allowances, in the form of administrative and transport support. 4. Priority Access: TanRoads will provide priority access to women in reinstating their trades at any proposed small street markets or markets provided under the livelihood restoration program. 5. Female CLOs or Community Officers: TanRoads will include female social management staff, and vi Mtwara-Mingoyo-Masasi Road Rehabilitation Project – Livelihoods Restoration Plan work through services providers appointed under the Project Gender-Based Violence Action Plan, who will play a key role in supporting women and vulnerable people in the affected districts. 6. Women Focused Development Programmes: Additional support measures include the development of a nursery school to care for their children while they are at the market, provision of sanitation facilities at any new market spaces, as well as the provision of health services. Much of these options fall outside of the LRP provisions but may be explored as part of any community development programmes. 7. Monitoring of Financial Abuse: TanRoads, mainly through the CLOs, shall monitor vulnerable people to identify situations where compensation funds are being abused, or when female vendors have been discriminated. Where such situations are found, they will be reported to the relevant local administration for joint resolution with TanRoads. 7. STAKEHOLDER ENGAGEMENT TanRoads commenced engagement with street vendors and custodians of the Mosque and graves as early as 2017, with a major round of engagement occurring in May of 2021 in support of the preparation of ARAP. The latest major round of engagement was undertaken in May of 2023, in support of updating vendors on the status of the compensation process, as well as in support of the development of this LRP. TANROADS will formally disclose this LRP to ensure effective and meaningful stakeholder engagement and information disclosure with project affected persons, including in relation to the type of compensation support offered, paying special attention to the specific inclusion and accessibility needs and interests of members of vulnerable groups. Thereafter ongoing stakeholder engagement will be actively undertaken during the implementation phase. With respect to implementation of the LRP, TANROADS is the implementing authority and will assume overall responsibility for implementing the provisions of this LRP. Where these responsibilities are deferred to the TANROADS Regional Offices (Mtwara and Lindi Regions), TANROADS will ensure that the regional offices have sufficient additional resources to fully implement the LRP. These resources will include a competent Resettlement Expert/Social Safeguards Specialist, as well as several Community Liaison Officers. In addition, TANROADS will appoint an independent Resettlement Specialist to undertake a Closure Audit once the relocation and livelihoods restoration process is deemed to be complete. vii Mtwara-Mingoyo-Masasi Road Rehabilitation Project – Livelihoods Restoration Plan DEFINITIONS Affected Persons: Persons whose livelihoods are impacted by the Project. This caninclude both resident persons and persons living outside the Project Area but having businesses, non-resident structures, agricultural land and improvements to the land or other usage rights to the land prior to the Entitlement Cut-off Date. Census/Registration: A field survey carried out to identify and register eligible street vendors and grave custodians, as well as survey their affected assets that would be eligible for relocation support under this LRP. Compensation: Payment in cash or in-kind replacement assets covering any land, building or exhausted improvement that is compulsory acquired by the Project, which much be provided both fairly, prompting and prior to persons needing to surrender their property. Economic Displacement: The loss of income streams or means of livelihood resulting from land acquisition or obstructed access to businesses, resources (land, water,or forest) or other usage rights which results from the construction or operation of a project or its associated facilities. Eligibility/ Eligible Persons: Any individual, household, group, or entity that is deemed eligible for compensation and resettlement support due to the loss of land,assets, or income as a direct result of the Project. Entitlements: The type of compensation, relocation support and allowances to be provided to eligible person, and the type of entitlement will vary depending on the type of losses. Gender-Based Violence: Gender-based violence (GBV) is violence committed against a person because of their sex or gender. It is forcing another person to do something against his or her will through violence, coercion, threats, deception, cultural expectations, or economic means. Grave Custodians: Any person, household, or groups makes claim to own and care for any private graves that may be affected by the Project. Grievance Mechanism: A reporting mechanism to receive and address specific concerns about compensation and relocation that are raised by displaced persons or members of local communities and host communities. 8 Mtwara-Mingoyo-Masasi Road Rehabilitation Project – Livelihoods Restoration Plan Livelihood: Any activity, labor, or work (both land and non-land based) adoptedby local people to generate an income, barter for goods or to secure household food needs. Livelihood Restoration Plan: A plan covering instances where a project results in economic displacement, but where there is no requirement to relocate a person’s place of residence. The LRP present measures to relocate, restore, and ideally improved, on all livelihoods that are disrupted as a direct result of the Project. Resettlement Action Plan: The document in which a Project specifies the procedures that will follow and the actions that it will take to mitigate adverse effects, compensate losses, and provide development benefits to persons and communities affected by the project. Stall/Kiosk A place for selling of any goods or supplying or offering to supply any service for reward in a public road or public space. This may becomprised of mixed types of structures – including fixed buildings or as simple as ground sheets and basic covers. Street Vendor: Any person, household or groups that sells goods or services along the road reserve. These may include registered and unregistered vendors,as well as vendors with fixed, semi-fixed or mobile stalls. Vulnerable Persons: Vulnerable persons are defined as people who by virtue of theirgender, age, social or economic status may be more adversely affected by economic displacement, when compared to their peers (i.e., other vendors). 9 Mtwara-Mingoyo-Masasi Road Rehabilitation Project – Livelihoods Restoration Plan ACRONYMS ARAP - Abbreviated Resettlement Action Plan CLO - Community Liaison Officers ESS5 - Environmental and Social Standard 5 GBV - Gender-Based-Violence GM - Grievance Mechanism GRM - Grievance Redress Committee(s) FGD - Focus Group Discussion LRP - Livelihoods Restoration Plan NGO - Non-Governmental Organization(s) RPF - Resettlement Policy Framework TANROADS - Tanzanian National Roads Agency TanTIP - Tanzania Transport Integration Projects WB - World Bank x Mtwara-Mingoyo-Masasi Road Rehabilitation Project – Livelihoods Restoration Plan TABEL OF CONTENTS 1. INTRODUCTION ....................................................................................................................................................... 1 1.1. AIM AND OBJECTIVES .................................................................................................................................................. 1 1.2. PROJECT DESCRIPTION ................................................................................................................................................. 2 1.3. PLANNING HISTORY .................................................................................................................................................... 2 1.4. WORK BREAKDOWN AND SURVEY METHOD .................................................................................................................... 6 2. SCOPE OF LIVELIHOOD LOSSES ................................................................................................................................ 8 2.1. RATIONALE FOR RELOCATION ........................................................................................................................................ 8 2.2. MEASURES TO MINIMIZE ECONOMIC DISPLACEMENT ........................................................................................................ 8 2.3. TYPES OF LOSSES AND IMPACTS ..................................................................................................................................... 8 2.3.1. Expected Maximum Displacement of Street Vendors ................................................................................... 8 2.3.2. Vendor Census / Registration (October 2023) ............................................................................................ 10 2.3.3. Loss of Mosques & Graves .......................................................................................................................... 11 3. LEGISLATIVE AND GOOD PRACTICE FRAMEWORK ................................................................................................. 14 3.1. LEGISLATIVE FRAMEWORK .......................................................................................................................................... 14 3.2. THE CONSTITUTION OF THE UNITED REPUBLIC OF TANZANIA OF 1997 ................................................................................ 14 3.2.1. The Roads Act of 2007 (and amendments) ................................................................................................. 14 3.2.2. The Roads Management Regulations, 2009 ............................................................................................... 14 3.2.3. The Land Act, 1999 (as amended in 2004) .................................................................................................. 14 3.2.4. The Land Acquisition Act of 1967 ................................................................................................................ 15 3.2.5. The Land (Assessment of the Value of Land Compensation) Regulations, 2001 ......................................... 15 3.2.6. The Land (Compensation Claims) Regulations, 2001 .................................................................................. 16 3.2.7. Village Land Act, 1999................................................................................................................................. 16 3.2.8. Village Land Regulations 2001 .................................................................................................................... 16 3.2.9. The Valuation and Valuers Registration Act, 2016 ..................................................................................... 17 3.3. WORLD BANK ENVIRONMENTAL AND SOCIAL FRAMEWORK .............................................................................................. 17 3.4. TANTIP RESETTLEMENT POLICY FRAMEWORK ............................................................................................................... 21 4. MARKET BASELINE................................................................................................................................................. 22 4.1. TENURE RIGHTS TO BUSINESS LOCATION ....................................................................................................................... 22 4.2. PLACE OF BUSINESS .................................................................................................................................................. 22 4.3. BASIC CHARACTERISTICS OF THE TRADER ..................................................................................................................... 23 4.4. TYPE OF BUSINESS .................................................................................................................................................... 24 4.5. DATE OF START TRADING ........................................................................................................................................... 25 4.6. TRADING PERIOD ...................................................................................................................................................... 26 4.7. NUMBER OF EMPLOYEES ............................................................................................................................................ 26 4.8. BUSINESS STRUCTURES .............................................................................................................................................. 27 4.9. VENDOR REGISTRATION ............................................................................................................................................. 28 4.10. INCOME AND INCOME STABILITY .................................................................................................................................. 29 4.11. OTHER SOURCES OF INCOME ...................................................................................................................................... 31 5. ELIGIBILITY & ENTITLEMENT FRAMEWORK ............................................................................................................ 32 5.1. DEVELOPMENT MORATORIUM .................................................................................................................................... 34 5.2. RELOCATION SUPPORT MEASURES ............................................................................................................................... 35 5.2.1. Loss-of-Profit Allowance ............................................................................................................................. 35 5.2.2. Transport Allowance ................................................................................................................................... 35 5.2.3. Rental Allowance ........................................................................................................................................ 36 5.2.4. Disruption Allowance .................................................................................................................................. 36 5.2.5. Historical Grave Relocation ......................................................................................................................... 36 6. LIVELIHOODS RESTORATION & DEVELOPMENT ..................................................................................................... 37 6.1. ALTERNATIVE MARKET SPACES – OPTION 1 ................................................................................................................... 37 6.2. ALTERNATIVE MARKET SPACES – OPTION 2 ................................................................................................................... 37 6.2.1. Formation of Technical Committee(s) ......................................................................................................... 39 6.3. FEASIBILITY STUDY, SET-UP COSTS AND OPERATIONAL COSTS ........................................................................................... 40 xi Mtwara-Mingoyo-Masasi Road Rehabilitation Project – Livelihoods Restoration Plan 6.4. PROCUREMENT CONTROLS ......................................................................................................................................... 40 6.5. ADDITIONAL LIVELIHOODS SUPPORT AND BENEFITS ......................................................................................................... 41 6.6. VULNERABLE PEOPLES SUPPORT .................................................................................................................................. 41 7. STAKEHOLDER ENGAGEMENT ............................................................................................................................... 45 7.1. ENGAGEMENT PRINCIPLES .......................................................................................................................................... 45 7.2. 2021 ENGAGEMENT ................................................................................................................................................. 46 7.3. 2023 ENGAGEMENT ................................................................................................................................................. 47 7.4. VENDOR INTERVIEWS ................................................................................................................................................ 47 7.5. LRP DISCLOSURE ...................................................................................................................................................... 50 7.6. IMPLEMENTATION PHASE ENGAGEMENT ....................................................................................................................... 51 7.6.1. Formal Notice of Intent to Commence Relocation ...................................................................................... 51 7.6.2. Ongoing Public Meetings and One-on-One Discussions .............................................................................. 51 7.6.3. Stakeholder Engagement Manager & Community Liaison Officers ............................................................ 51 7.6.4. Lines of Communication .............................................................................................................................. 52 7.7. GRIEVANCE MECHANISM ........................................................................................................................................... 53 7.7.1. Raising Awareness of the Grievance Mechanism........................................................................................ 53 7.7.2. Step 2 – Lodging a Grievance ...................................................................................................................... 54 7.7.3. Step 3 – Investigating and Deciding on a Grievance ................................................................................... 55 7.7.4. Step 4 – Feedback and Resolution of a Grievance....................................................................................... 55 7.7.5. Membership and Mandate of the Grievance Committee ........................................................................... 56 7.8. INCLUDING VULNERABLE PEOPLE AND WOMEN IN ENGAGEMENT ...................................................................................... 52 8. IMPLEMENTING ARRANGEMENTS ......................................................................................................................... 58 8.1. INSTITUTIONAL FRAMEWORK ...................................................................................................................................... 58 8.1.1. Ministry of Works and Transport ................................................................................................................ 58 8.1.2. Tanzanian National Roads Agency ............................................................................................................. 58 8.1.3. District and Municipal Councils ................................................................................................................... 59 8.1.4. Ward & Village Councils .............................................................................................................................. 59 8.2. IMPLEMENTATION STEPS AND SCHEDULE ...................................................................................................................... 59 8.3. BUDGET.................................................................................................................................................................. 61 8.4. MONITORING AND EVALUATION .................................................................................................................................. 61 9. CONCLUSION ......................................................................................................................................................... 64 xii Mtwara-Mingoyo-Masasi Road Rehabilitation Project – Livelihoods Restoration Plan TABLE OF FIGURES Figure 1-1: The Masasi – Mtwara Road and Key Villages Supporting Street Vendors or Graves...........................3 Figure 1-2: Photos of Sections of the Existing Road and Street Vendors ...............................................................4 Figure 1-3: Photos of Affected Graves....................................................................................................................5 Figure 2-1: Image of the Affected Mosque ..........................................................................................................12 Figure 4-1: Example of Different Types of Business Structures ...........................................................................28 Figure 5-1: Suggested New Market Space – Mpapura Ward (LAT-10.254835, LONG 39.921868) ......................38 Figure 5-2: Suggested New Market Space – Masasi Town (LAT -10.721817, LONG 38.816756) .........................38 Figure 5-3: Suggested New Market Space – Nyangao Ward (LAT -10.332667, LONG 39.300813) ......................38 Figure 5-4: Suggested New Market Space – Nanganga Ward (LAT -10.408911, LONG 39.165532) ....................39 Figure 5-5: Suggested New Market Space – Ndanda Ward (LAT -10.483371, LONG 39.038764)........................39 Figure 6-1: Typical Steps in Grievance Registration, Resolution and Sign-Off .....................................................57 LIST OF TABLES Table 1-1: Interview Program .................................................................................................................................7 Table 2-1: List of Affected Vendors by Ward or Village ..........................................................................................9 Table 2-2: Summary of the October 2023 Vendor Registration ...........................................................................11 Table 2-3: Type of Trade and Structures Used .....................................................................................................11 Table 3-1: Tanzanian Law and World Bank ESS5 Gap Analysis .............................................................................18 Table 4-1: Summary of Place of Business and Mobility ........................................................................................23 Table 4-2: Age and Gender Characteristics of Vendors ........................................................................................23 Table 4-3: Types of Businesses from Most to Least Common ..............................................................................25 Table 4-4: Profile of Date of Establishment of Surveyed Vendors .......................................................................26 Table 4-5: Employee Profile..................................................................................................................................27 Table 4-6: Profile of Business Structure ...............................................................................................................27 Table 4-7: Average Monthly Income by Business Type ........................................................................................30 Table 4-8: Expenses Profile ...................................................................................................................................30 Table 4-9: Trade Volumes .....................................................................................................................................31 Table 5-1: Entitlement Framework .......................................................................................................................33 Table 6-1: Profile of Vulnerable Vendors .............................................................................................................42 Table 7-1: Summary of Meetings (May 2023) ......................................................................................................47 Table 7-2: Summary of Interviews Undertaken in the Preparation of this LRP. ...................................................48 Table 7-3: Proposed Stakeholder Engagement Meetings ....................................................................................50 Table 8-1: Implementation Schedule ...................................................................................................................61 Table 8-2: Compensation and Relocation Support Cost Estimate........................................................................62 Table 8-3: Monitoring Parameters .......................................................................................................................63 xiii Mtwara-Mingoyo-Masasi Road Rehabilitation Project – Livelihoods Restoration Plan 1. INTRODUCTION The Government of the United Republic of Tanzania, represented by the Ministry of Finance and Planning, has secured credit from the World Bank for implementation of the Tanzania Transport Integration Project (TanTIP). The project is being implemented through the Tanzania National Road Agency (TANROADS). A portion of the TanTIP proceeds has been allocated to the rehabilitation and improvement of the Mtwara-Mingoyo-Masasi Road – a sub-project under the overarching TanTIP Project (hereafter termed the Sub-Project). The Sub-Project will require TANROADS to enforce TANROADS’ legal rights under national law to the existing 45m wide road reserve to allow for the rehabilitation works. This includes resurfacing the paved and gravel sections of the road as well as the construction of improved road shoulders and walkways. To ensure unimpeded access to the existing road reserve, TANROADS will need to relocate all persons that occupy or utilize the road reserve. The road rehabilitation work is not anticipated to result in the compulsory acquisition of land or resettlement of any persons from their place of residence. The works will however result in the economic displacement of street-side vendors, the loss of one mosque and the need to relocate historical road-side graves under Environmental and Social Standard 8: Cultural Heritage (ESS8). In cases where a Sub-project under TanTIP results in either the compulsory acquisition of land, the restriction of access to land, the loss of livelihoods or involuntary resettlement, the Sub-project is required to adhere to the TanTIP Resettlement Policy Framework (RPF) of 2022. The RPF establishes the principles and requirements for the Sub-project to align with the World Bank Environment and Social Standard 5 (ESS5). The RPF is an agreed commitment between the Tanzanian Government and the World Bank and is part of the legally binding Financing Agreement. 1.1. Aim and Objectives This Livelihoods Restoration Plan (LRP) establishes the specific type of compensation and livelihoods restoration support to be provided by TANROADS to the affected street-side vendors and for the mosque. This LRP specifically includes the following: 1. A summary of the legal and good practice basis for relocation and livelihoods restoration. 2. A summary of the scope of economic displacement and associated impacts. 3. The eligibility and entitlement framework that focuses on street vendors and grave custodians. 4. The types of livelihoods and development options to be provided. 5. A market baseline of Street Vendors to understand their income and business practices. 6. The implementation arrangements covering estimated schedule, roles, and responsibilities. 1 Mtwara-Mingoyo-Masasi Road Rehabilitation Project – Livelihoods Restoration Plan 1.2. Project Description The Sub-Project entails the rehabilitation of the existing Mtwara-Mingoyo-Masasi Road (the T6) which is an important trunk road that connects the Mtwara and Lindi Regions. The rehabilitation works will cover a 200km section (see Figure 1-1 and selected images in Figure 1-2 and Figure 1-3 overleaf) of the existing road only, and no new roads will be constructed. The road was upgraded to single two-way carriageway with bitumen standard in the late 1970s. This included a roadway width of 8m – or a 6m wide paved road and 1m unpaved shoulders. However, over the last 50 years the road has deteriorated with severe potholes, deformation, corrugations, and cracking. The proposed rehabilitation works will include the widening of the paved section of the road – with a new cross section width of 11m comprising of a 7m wide paved road and 2m shoulders on each side. It will also include the introduction of dual carriageways in certain sections, as well as improvements in the existing horizontal and vertical alignment, pavement surfacing, improved junctions, and curbs, etc. The proposed rehabilitation works will be restricted to the existing legal road reserve held by TANROADS. The reserve has a total width of 45 metres – or 22.5 metres each side of the existing road centerline. The proposed works will not include the establishment of any new road sections or the widening ofthe existing road reserve, which would warrant the compulsory acquisition of any adjoining properties or land. However, the reserve is commonly utilized for street-side vendors. 1.3. Planning History Resettlement and compensation planning commenced by TANROADS as early as 2017, which culminated with the preparation of an Abbreviated Resettlement Action Plan (ARAP) by the Tanzania National Roads Consulting Engineering Unit in June of 2021. As of mid-2023, the ARAP had not been implemented. The delay in implementation is due to program changes under the TanTIP, with further delays incurred due to the COVID-19 pandemic. In addition, the World Bank and TANROADS agreed in March of 2023 that the TanTIP project would be migrated from the World Bank Operational Policies (OPs) to the World Bank Environmental and Social Framework (ESF) of 2017 as the applicable standard to manage project environmental and social risks. Considering the migration, the World Bank and TANROADS decided that all existing environmental and social risk management instruments for the TanTIP Project would be redrafted to align with the provisions of the ESF and that all future environmental and social risk management instruments for TanTIP would follow the provisions of the ESF. 2 Mtwara-Mingoyo-Masasi Road Rehabilitation Project – Livelihoods Restoration Plan Figure 1-1: The Masasi – Mtwara Road and Key Villages Supporting Street Vendors or Graves 3 Mtwara-Mingoyo-Masasi Road Rehabilitation Project – Livelihoods Restoration Plan Figure 1-2: Photos of Sections of the Existing Road and Street Vendors 4 Mtwara-Mingoyo-Masasi Road Rehabilitation Project – Livelihoods Restoration Plan Figure 1-3: Photos of Affected Graves 5 Mtwara-Mingoyo-Masasi Road Rehabilitation Project – Livelihoods Restoration Plan The delay in implementation of the ARAP has resulted in legacy issues. This has included claims by some local vendors, during interviews undertaken in support of this LRP, that some people had already ceased or relocated their businesses, as early as 2021 in response to the proposed road rehabilitation works. A market survey of a sample of affected vendors suggests that around 6% of vendors had relocated their business since 2021. However, the majority of vendors have continued to operate their business in the road reserve, often with permission from the village authorities or TANROADS themselves, based on an understanding that they would be required to relocate at a future date. The 2021 ARAP initially estimated that 59 mobile stall vendors would be displaced and there would be the need to exhume 11 graves. This small number of affected persons merited preparing an ARAP under, at the time, the World Bank Operational Policies. Since 2021, TANROADS has identified a total additional 1312 affected vendors (see Section 2 for more detail) as of May 2023. This was revised to 286 vendors through a formal registration process undertaken between 15-30 October 2023. Interviews held with around 90 affected vendors in support of the preparation of the LRP in June 2023, suggested that there remains a high awareness about the Sub-Project and the likely displacement of the vendors. The same interviewed vendors claimed that the response of vendors has been to limit further investment in their shops since 2021. However, based on the interviews there appears to be limited understanding among affected persons about what relocation support, if any, will be provided by TANROADS, and many interviewees suggested that they are waiting for feedback on what type of compensation or resettlement support would be provided by TANROADS. Few said that they are actively planning or preparing for any relocation. Despite the delay in implementation of the ARAP and the subsequent increase in the number of affected vendors, the Sub-Project is unlikely to require the acquisition of any person’s place of residence (leading to physical displacement). Impacts remain largely limited to economic displacement of street vendors, the need to relocate the mosque and the addressing the historical graves. Consistent with the new project standards – specifically Environmental and Social Standard 5 on Land- Acquisition-Restrictions-on-Land-Use-and-Involuntary-Resettlement – the 2021 ARAP was to be updated to reflect the above changes. Given that the expected impacts are limited to economic displacement only, the ARAP has been converted into this LRP1. The LRP provides greater detail on the socio-economic status of affected persons, provides entitlements better aligned with the World Bank ESS5, and establishes the type of compensation support to be provided by TANROADS. 1.4. Work Breakdown and Survey Method The development of this LRP is based on a combination of qualitative interviews and a quantitative market survey. The interviews comprised of a series of focus-group discussions (FGDs) with selected stakeholders as presented in Table 1-1 below. These interviews explored in detail aspects of cash compensation, in-kind compensation, livelihoods restoration and other issues with affected in a secure setting. 1 ESS5 (Annex 1) allows this term where a project involves only economic displacement. 6 Mtwara-Mingoyo-Masasi Road Rehabilitation Project – Livelihoods Restoration Plan Table 1-1: Interview Program No. Interview / Focus Group Discussion Groups 1 Kiwalala Village – Male Street Vendors 2 Kiwalala Village – Female Street Vendors 3 Masasi Town – Male Street Vendors 4 Masasi Town – Female Street Vendors 5 Nanganga Village – Male Street Vendors 6 Nanganga Village – Female Street Vendors 7 Ndanda Village – Male Street Vendors 8 Ndanda Village – Female Street Vendors 9 Nyangao Village – Male Street Vendors 10 Nyangao Village – Female Street Vendors 11 Mpapura Village – Grave Custodians 12 Mitengo Village – Grave Custodians To ensure the privacy of attendees of the focus group discussion, no register or photos were taken consistent with the fieldwork plan. On average, there were 6 to 8 attendees at each of the focus group discussions, resulting in 84 total individuals that were interviewed. This resulted in around 15% of all vendors being part of the interview program. A question guide and summary responses for each interview is presented in Annexure A. To ensure that affected persons could discuss their concerns under the condition of anonymity and privacy, no formal register, photo log or minutes were taken. All known affected persons are street vendors, and the Sub-Project is not expected to result in any physical displacement. As such, instead of a household demographic survey, this LRP adopted a Market Survey approach to allow for a greater understanding of local market conditions, business asset holdings and income generated by affected street vendors. A sample of the market survey is presented in Annexure B. The market survey covered a statistically valid sample of the 564 street vendors that were known to TANROADS in January and February 2023. To ensure a confidence level of 95% and a margin of error of 5%, the survey sample was calculated to be 330 affected vendors, which were apportioned across the 6 different affected wards/villages based on the number of vendors in each ward/village. The selection of specific vendors was done at random by the survey team. The results of the market survey are presented in Chapter 4. The above data was supplemented by a vendor registration process undertaken by TANROADS in the weeks of 15 to 30 October 2023 (see Annexure D). This is to resolve the lack of a formal vendor census that determines who is eligible for compensation. It should however be noted that the vendor profile is highly dynamic, with changes in the number of vendors monthly and seasonally. There is a greater permanent presence of business with fixed buildings or stalls, while vendors that operate off ground sheets / or sell food to local road traffic have greater fluctuations in numbers. At the time of the 15 to 30 October 2023, many of the vendors were not present as they were harvesting cashews. Given the dynamic nature of the local vendors, this LRP gives an estimate to the expected total numbers of vendors and include those formally registered between 15 to 30 October 2023. It is the recommendation of this LRP, that an updated vendor census/registration is done immediately before TANROADS is prepared to commence their relocation. 7 Mtwara-Mingoyo-Masasi Road Rehabilitation Project – Livelihoods Restoration Plan 2. SCOPE OF LIVELIHOOD LOSSES 2.1. Rationale for Relocation The Project entails the rehabilitation and upgrade of an existing road and does not constitute the development of new roads. The relocation of street vendors, one mosque and historical graves that are present within the road reserve is required to allow TANROADS to enforce its legal rights under national law to the road reserve to start the rehabilitation works. There is no known requirement to resettle any homes that would trigger physical displacement. In addition, the relocation of the street vendors is required to ensure that there is no interference with the rehabilitation works and to avoid public safety incidents or accidents. The mosque will need to be either compensated or replaced, while the historical graves will need to be addressed through the separate Sub-Project Cultural Heritage Chance Finds Procedure, as provided in the updated 2023 ESIA. 2.2. Measures to Minimize Economic Displacement The World Bank ESS5 (paragraph 11) requires that TANROADS demonstrate that land acquisition and resettlement is limited to only direct project requirements, and feasible alternative project designs are considered to avoid or minimize resettlement. All rehabilitation works are entirely contained in the existing 45-metre road reserve, and TANROADS does not intend to acquire any additional land. This largely avoids the need for any compulsory acquisition of land or resettlement of residential homes. Economic displacement is limited to only mobile street vendors within the existing road reserve, which cannot reasonably be avoided. 2.3. Types of Losses and Impacts 2.3.1. Expected Maximum Displacement of Street Vendors Resettlement and compensation planning commenced by TANROADS as early as 2017, which culminated with the preparation of an Abbreviated Resettlement Action Plan (ARAP) by the Tanzania National Roads Consulting Engineering Unit in June of 2021. The ARAP initially estimated that 59 mobile stall vendors would be displaced and there would be the need to exhume 11 graves. This small number of affected persons merited preparing an ARAP under, at the time, the World Bank Operational Policies. Based on field visits undertaken by TANROADs in May 2023, the total number of affected vendors has expanded considerably over the last two years to an estimated 1312 vendors (see Error! Reference source not found. below). This estimate is linked to a cut-off date (dated 31 May 2023) broadly communicated by TANROADS through community meetings between 23 and 25 May 2023. It is however noted that this is an estimated number and was not based on a formal registration process of affected vendors. To resolve this, a vendor registration process undertaken by TANROADS in the weeks of 15 to 30 October 2023 (see Annexure D). This was to resolve the lack of a formal vendor census that determines who is eligible for compensation (as detailed in the next section). 8 Mtwara-Mingoyo-Masasi Road Rehabilitation Project – Livelihoods Restoration Plan Table 2-1: List of Affected Vendors by Ward or Village No. Ward/Village Number of Vendors Lindi Region 1 Mtegu 9 2 Madangwa 41 3 Njonjo 5 4 Ingawali 18 5 Mnolela 38 6 Ruhokwe 14 7 Namunda 8 8 Mnazi Mmoja 51 9 Maumbika 15 10 Kiwalala 80 11 Mtualonga 15 12 Nyengedi 55 13 Mtama 46 14 Nyangao 111 15 Mkungu 1 Sub-Total 507 Mtwara Region 1 Bima 3 2 Magomeni 70 3 Mkanaledi 74 4 Pacha Ya Mbae 12 5 Ufukoni 4 6 Mitengo 19 7 Mikindani 13 8 Msijute 12 9 Dangote 4 10 Mbuo 19 11 Ndumbwe 23 12 Mpapura 74 13 Mkungu 6 14 Mkwera 21 15 Chipite 30 16 Nanganga 40 17 Mumburu 3 18 Nangoo 35 19 Liputu 6 20 Ndanda 85 21 Mwena 26 22 Mkalapa 2 23 Chikundi 17 24 Namakongwa 6 25 Chikukwe 15 26 Mailisita 12 27 Masasi 174 9 Mtwara-Mingoyo-Masasi Road Rehabilitation Project – Livelihoods Restoration Plan No. Ward/Village Number of Vendors Sub-Total 805 TOTAL 1312 As the street vendors do not have a Right of Occupancy of the land, there is no statutory requirement under Tanzanian law to undertake an asset inventory or valuation study. As such TANROADS is not required under national law to appoint a certified valuer to register and survey the affected street vendors. However, ESS5 does require a census to be undertaken to identify persons that are affected by any displacement if they are present prior to a defined cutoff date, and therefore eligible for compensation. This is currently being prepared by TANROADS. 2.3.2. Vendor Census / Registration (October 2023) A vendor registration process undertaken by TANROADS in the weeks of 15 to 30 October 2023 (see Annexure D). This was to resolve the lack of a formal vendor census that determines who is eligible for compensation. It should however be noted that the vendor profile is highly dynamic, with changes in the number of vendors monthly and seasonally. There is a greater permanent presence of business with fixed buildings or stalls, while vendors that operate off ground sheets / or sell food to local road traffic have greater fluctuations in numbers. At the time of the 15 to 30 October 2023, many of the vendors were not present as they were harvesting cashews. Given the dynamic nature of the local vendors, this LRP gives an estimate to the expected total numbers of vendors and include those formally registered between 15 to 30 October 2023. Given the dynamic nature of the vendors, it is the recommendation of this LRP, that an updated vendor census/registration is done immediately before TANROADS is prepared to commence their relocation. The October vendor registration shows a total of 286 vendors distributed across 12 different villages (see Table 2-2 and Table 2-3 overleaf. Of the total registered vendors, 74% (213) were male, with females making up the difference (26% of vendors). The average age is vendors is 36 years, with 10 vendors being over the age of 64 years. No vendors claimed to be vulnerable with respect to any disability. With respect to vulnerable people, 80 (27%) are deemed vulnerable due to their gender or old age. Table 2-3 presents the types of trade that vendors undertake and the structures on which they depend. There are various types of business/trades undertaken by registered vendors, with the most common being the sale of cooked food, and fresh vegetables and fruit (56% of all vendors). This is followed by the sale of general goods from a kiosk/shop (13% of all vendors). It is noted that the majority of vendors operate out of informal stalls (92% of all vendors), while there are only two vendors conducting their business out of brick structures. A relatively small proportion (7% of vendors) do not have access to any structure of any kind. This is an important distinction and most permanent vendors would be those with a fixed structure and location. Inversely truly informal or iterant vendors that do not have a single place of trade, are more likely to have temporarily ceased their trade to harvesting cashews. 10 Mtwara-Mingoyo-Masasi Road Rehabilitation Project – Livelihoods Restoration Plan Table 2-2: Summary of the October 2023 Vendor Registration Total No. Characteristics of Vendor Village Name of Vendors Male Female Average Age Disability Kiwalala 26 20 6 33 0 Madangwa 6 4 2 42 0 Masasi TC 49 30 19 34 0 Mingoyo 19 18 1 35 0 Mnolea 15 9 6 42 0 Mpapura 28 21 7 39 0 Mtama 26 18 8 32 0 Nanganga 16 14 2 33 0 Nangoo 5 4 1 37 0 Ndanda 38 30 8 41 0 Nyangao 47 36 11 36 0 Nyengedi 11 9 2 32 0 Total 286 213 72 36 0 Table 2-3: Type of Trade and Structures Used Type of Business Structure Type of Business Total Brick Shop / Kiosk Stall None Car / Bike Repairs 0 24 1 25 Carpentry Materials 0 1 3 4 Carpentry Shop 0 1 0 1 Clothes 0 19 0 19 Cooked Food 1 87 6 94 Drinks 0 9 0 9 Fresh Meat / Butcher 1 0 0 1 Fruit / Vegetables 0 62 6 68 Fuel 0 14 0 14 Kiosk / Shop 0 36 2 40 Maize Milling 0 1 0 1 Mobile / Airtime 0 1 2 3 Saloon 0 3 0 3 Shoemaker 0 4 1 4 Total 2 264 19 286 2.3.3. Loss of Mosques & Graves TANROADS has identified one mosque and 11 graves that would need to be relocated from the existing road reserve. In cases where a project results in the destruction or relocation of cultural heritage (which include places of worships and graves), the World Bank Environmental and Social Standard 8 – Cultural Heritage requirement apply, as well as provisions established under National Law and the TanTIP Resettlement Policy Framework. 11 Mtwara-Mingoyo-Masasi Road Rehabilitation Project – Livelihoods Restoration Plan With respect to the Mosque, interviews withthe custodians undertaken in support of the preparation of this LRP, showed that there has been engagement with TANROADS as early as 2021. To allow for the road rehabilitation works, the custodians said that TANROADS instructed them to stop using the mosque. As a result,the mosque has become derelict (see Figure 2-1) Figure 2-1: Image of the Affected Mosque The custodians of the Mosque have been able, in conjunction with the village authorities, to secure a replacement site on the opposite side of the road. The custodians have been relying on donations from their congregants to buy new materials in order to construct a new mosque, and they noted that they are awaiting formal feedback from TANROADS on what relocation support may be provided. Finally, the 2021 ARAP identified 11 graves that would need to be exhumed. A joint review of the graves through the updated 2023 Environmental and Social Impact Assessment (ESIA) and this Livelihoods Restoration Plan (LRP) shows that they are historical graves and not recent graves. Where graves are relatively recent, the exhumation and reinterment of the body is covered as part of the resettlement process. Historical graves are however covered under ESS8 and falls under the Sub-Project Cultural Heritage Chance Finds Procedure, as provided in the updated 2023 ESIA. The custodians however noted that the area around the Mosque has been used as a graveyard for over 50 years, and many of the graves on the seashore side of the Mosque have been washed away.This meant that newer graves were placed on the roadside of the Mosque. Many of the graves are not marked and the custodians noted that they would struggle to identify everyone. 12 Mtwara-Mingoyo-Masasi Road Rehabilitation Project – Livelihoods Restoration Plan Given the uncertain nature of the grave inventory around the mosques, TANROADS will appoint a heritage specialist/undertaker to investigate the grounds around the mosque. This will be done through the Sub-Project Chance Finds Procedure, and any found graves will be relocated consistent with the provisions of the Chance Finds Procedure. Given the uncertain number of unmarked graves, TANROADS intends to update and validate the grave register prior as part of the implementation phase, ensuring strict alignment with national law requirements and the provisions of ESS5 and ESS8, using appropriate technology to find unmarked graves, as well as implement a Chance Finds Procedure, consistent with the ESS8, in the event of unknown graves are encountered duringthe rehabilitation works. 13 Mtwara-Mingoyo-Masasi Road Rehabilitation Project – Livelihoods Restoration Plan 3. LEGISLATIVE AND GOOD PRACTICE FRAMEWORK This chapter presents the legislative framework for compulsory land acquisition and resettlement in Tanzania. This is supplemented by the additional requirements under the World Bank Environmental and Social Framework (ESF) good practice standards. Finally, this chapter explores the gap between local law and international practice and determines ways that the gaps can be reconciled. 3.1. Legislative Framework The following legislation has direct relevance to compulsory acquisition of land, which provides the legal standing for all resettlements undertaken in Tanzania. Additional acts define aspects such as land tenure rights, methods of determining compensation, and supplementary matters. Additional commentary is provided in terms of how this legislation impact on informal Street Vendors and graves. 3.2. The Constitution of the United Republic of Tanzania of 1997 The Constitution of United Republic of Tanzania of 1977 (and amendments) is the overarching law in Tanzania. Under Article 24, every person is entitled to own property, and they may not be arbitrarily deprived of their property without the provision of fair and adequate compensation as permitted under law. 3.2.1. The Roads Act of 2007 (and amendments) The Roads Act of No 13 of 2007 grants the Government of Tanzania the legal powers to compulsory acquire land to support the development of roads. Specifically, Article 16 of the Act, allows the road authority to acquire land owned by any person for the purposes of the Act, and the owners will be entitled to compensation for any development on the land. The law is however silent in terms of how encroachment of informal vendors is to be addressed. 3.2.2. The Roads Management Regulations, 2009 The Roads Management Regulations, 2009 makes further provision for the compulsory acquisition of land required for the reservation of land (i.e., the road reserve) required for construction of roads. Article 27 permits the acquisition of reserved land if compensation is provided to any person who has lawful claims or interest to the land. The law is however silent in terms of how encroachment of informal vendors is to be addressed. 3.2.3. The Land Act, 1999 (as amended in 2004) The Land Act of 1999 and subsequent amendments establishes that all land is public land that remains vested in the President as trustee for and on behalf of all the citizens of Tanzania. All public land falls under three categories as follows: 14 Mtwara-Mingoyo-Masasi Road Rehabilitation Project – Livelihoods Restoration Plan 1. Village Land: All land declared to be village land under Section 4 of the Act and includes any land transferred to a village, as administered under the Village Land Act, 1999. 2. Reserved Land: All land that is reserved or set aside under a suite of Acts, for set aside for wildlife, forests, marine parks, road reserves, public utilities, or hazardous land. 3. General Land: All public land which is not reserved land or village land and includes unoccupied or unused village land. Rights to occupy, own or otherwise have a vested interest in land are established in Article 19 which permits rights to occupy land for a period up to but not exceeding 99 years (i.e., leasehold). Rights of occupancy also recognize customary law under Article 34. Finally, the Act also make provision for the unlawful occupation of land, or where a person occupiesland without authority, right or licenses expressed or implied under customary or statutory land law. Local councils or village councils may, after suitable investigations, require that person to vacate the land unless they can demonstrate that they have a valid claim. 3.2.4. The Land Acquisition Act of 1967 The Land Acquisition Act of 1967 grants the Government of Tanzania the legal powers to compulsorily acquire land for public purposes or utility; and sets out the procedures and requirements to acquire the land. The Act requires that the Government of Tanzania undertake a preliminary investigation (Article 5) to determine whether the land is suitable for any public purpose. Thereafter, notice of the state’s intention to acquire the land will be issued to persons with interest or claimed interest in such land (Article 6). This notice will direct person to yield possession of the land within a specified period not less than 6 months. Under Article 11, any land being acquired shall be compensated or provided a grant of public land in lieu of cash compensation not exceeding in value the value of the land acquired. Restrictions are applied in respect of any land which is vacant ground or land that is undeveloped. Compensation insuch cases shall be limited to the value of the unexhausted improvements of the land. 3.2.5. The Land (Assessment of the Value of Land Compensation) Regulations, 2001 The Land (Assessment of the Value of Land Compensation) Regulations, 2001 defines the basis for the assessment of the value of land and unexhausted improvements for the purposes of compensation. Again, the law is largely silent of cases where there are no rights of occupancy. However, TANROADS may consider legal precedent in terms of the compensation of unexhausted improvements (using market value, or the comparative method, income approach or replacement cost method) and the provision for disturbance allowances, transport allowances, accommodation allowances and loss of profits compensation, and rental allowance as follows: 15 Mtwara-Mingoyo-Masasi Road Rehabilitation Project – Livelihoods Restoration Plan 1. Disturbance Allowance: Based on multiplying the value of the land by the average percentage rate of interested offered by commercial banks on fixed deposits for 12 months at the time of the loss of the land. 2. Transport Allowance: Based on the actual cost of transporting 12 tons of luggage by rail or road (whichever is the cheaper), within 20 kilometers from the point of displacement. 3. Loss of Profit: Based on the net monthly profit of the business and multiplied by 36 months to arrive at the loss of profits that are payable, as evidenced by audited accounts where necessary and applicable. 4. Accommodation Allowance: Based on the market rent for the building and multiplied by thirty- six months to arrive at the payable accommodation allowance. This applies to properties with building only. 3.2.6. The Land (Compensation Claims) Regulations, 2001 The Land (Compensation Claims) Regulations, 2001 apply to any persons who seek to claim compensation from the Government of Tanzania. This includes persons with a right of occupancy ora customary right of occupancy on the land being acquired. The regulations allow a claim for compensation covering the value of unexhausted improvements on the land, which could be interpreted to include fixed trade structures. 3.2.7. Village Land Act, 1999 The Village Land Act of 1999 make provision for the management of land in villages. It also clarifies elements of a Right of Occupation of village land – including the recognition that a right of occupancy may be based on a lease, license, usufructuary rights or any interest analogous to those interests under and in accordance with customary law. It further reinforces land acquisition law in that fair and prompt compensation must be provided toland occupants for the compulsory acquisition of their land. In such cases, customary rights are considered equal to a formal granted right, and persons with proven customary rights can claim fullcompensation consistent with land acquisition laws. 3.2.8. Village Land Regulations 2001 The Village Land Regulations of 2001 (Part III) provide additional regulations concerning the acquisition of village land and claims of compensation. This includes claims by the Village Council onbehalf of the loss of communal land, and any villager occupying the target land under a customary right of occupancy. Part III largely follows compensation rules established under the Land Acquisition Act and regulations, including provision of compensation at market value for land and unexhausted improvements. Additional provisions are equivalent to those provided in The Land (Assessment of the Value of Land Compensation) Regulations, 2001. 16 Mtwara-Mingoyo-Masasi Road Rehabilitation Project – Livelihoods Restoration Plan 3.2.9. The Valuation and Valuers Registration Act, 2016 The Valuation and Valuers Registration Act for 2016 requires compensation valuations to be undertaken by a registered valuer. Any valuations must state the basis and method of valuations, which must include consideration of market value, costs and incomes as defined in Article 50 and 51. The Act limits the validity of any valuations or period of two years commencing from the date of endorsement of the valuation report by the Chief Valuer. The endorsement of valuation report must be concluded within six months after the valuation of interest in property of the last person. This results in a validity period of 2.6 years from the date of the asset inventories. The Act also provided for a development moratorium or cut-off date (Article 53). For purposes of any valuation study, the cut-off date is the date of commencement of valuation. No person may invest or improve their land or building after the cut-off date. 7.1.1. Graves (Removal) Act No. 9 of 1969 The Graves (Removal) Act No. 9 of 1969 applies to the proposed exhumation of graves. The Act allows for graves to be relocated for project that service a public purpose (which includes roads). Insuch cases, the Government is required to remove the body and take steps for the reinstatement ofthe grave and the reinternment of the body in a suitable place. Under Article 7, the removal of a grave should be, as far as possible, be done with due regard to the views of interested persons (owners of the graves) and the religious background of such persons, ensure the respectful treatment of the dead, and ensure the private transport and reinternment without delay. 3.3. World Bank Environmental and Social Framework The World Bank’s policies in relation to land acquisition and involuntary resettlement are established under ESS5 – Land Acquisition, Restrictions on Land-Use, and Involuntary Resettlement (hereafter termed EES5). This standard directly applies to the Project because the Project involves the compulsory acquisition of land rights or the restriction of access to land in accordance with the legal system of the host country. Critical to the above requirements is the recognition of PAPs with different land tenures. Displaced persons, under the ESS5 include persons (1) who have formal legal rights to the land or assets they occupy or use; (2) who do not have formal legal rights to land or assets but have a claim to land that is recognized or recognizable under national law, or (3) who have no recognizable legal rights/claimto the land they occupy/use. Specific provisions or requirements established under ESS5 are listed in Table 3-1 overleaf which forms part of the legal and international good practice gap analysis. 17 Mtwara-Mingoyo-Masasi Road Rehabilitation Project – Livelihoods Restoration Plan Table 3-1: Tanzanian Law and World Bank ESS5 Gap Analysis No. World Bank ESS National Law Provisions Gap Closure There is no explicit provision to reduce land acquisition or The Project will need to demonstrate that it has Minimizing Resettlement: Explore all resettlement requirements, under Tanzanian law. It may considered measures to reduce land acquisition and 1 viable alternative project designs to however be inferred under the Environmental resettlement impacts. This is summarized in Chapter2 avoid or minimize displacement. Management Act, 2002 under avoid and mitigate of this LRP. principles. The 1967 Land Acquisition Act (and supporting regulations) Eligible Persons: Persons eligible under limit compensation eligibility to persons with Rights of The higher standard (ESS5) applies, and therefore ESS5 include those with (1) legal rights, Occupation under either formal and customary law and persons without recognized rights (i.e., squatters)are (2) recognized customary rights, (3) and 2 aligns with the ESS5. It is however silent on persons without also eligible for compensation. Consistent with good who have no recognizable legal right or recognized rights (i.e., squatters, seasonal farmers, land practice, this is limited to improvements madeon the claim to the land or assets they occupy tenants), unless they are judged to have a valid claim under land, not the land itself. or use. the Land Act, 1999. Tanzanian law requires that compensation be fair and paid Tanzanian law and ESS5 are largely aligned. promptly before affected persons are required to Differences may apply in the determination of market Forms of Compensation: The Project surrender their land. Compensation is determined on value versus full replacement value, and the higher will provide affected persons fair, market value for land, and depreciated replacement value standard under ESS5 has been applied to this LRP. 3 prompt, and prior compensation at full for buildings. Finally, Tanzanian law allows for Tanzanian law allows for the provision of in-kind replacement cost. In-kind assets should compensation in the form of cash, or in the form of a plot replacement land or structures in lieu of cash be considered in lieu of cash. of land of comparable quality, size and productivepotential, compensation and aligns with ESS5. This provision is replacement buildings of comparable quality and use. included in Chapter 5 of this LRP. The law does not explicitly require prior compensation, but Prior Compensation: The Project will it must be prompt. Once statutory notices are given, the The Project must provide both prompt and prior take possession of acquired land and State must provide prompt payment within six months, and compensation and resettlement support to all 4 related assets only after compensation failure to do so attracts an interest rateequivalent to the affected persons before they are required to has been made. average rate offered by commercial banks on fixed surrender any land or assets. deposits. 18 Mtwara-Mingoyo-Masasi Road Rehabilitation Project – Livelihoods Restoration Plan No. World Bank ESS National Law Provisions Gap Closure Relocation Support (Housing): If Tanzanian law allows for compensation for the loss of The provision of cash compensation, allowances and resettlement cannot be avoided, the housing in the form of cash and cash allowances, or in the in-kind replacement assets is conformant between Project will offer displaced persons’ form of a replacement buildings of comparable quality and Tanzanian law and ESS5. Affected persons will be 5 choices among feasible options, use. Tanzanian law generally emphasizes the provision of offered the option of either cash compensation or including adequate replacement cash compensation and allowances as the primary replacement assets and provided training to better housing, or cash compensation, and mechanism of resettlement. understand the implications of their choice. relocation assistance. Relocation Support (Land): If the loss Tanzanian law allows for compensation for the loss of land The provision of cash compensation, allowances and of productive land cannot be avoided, in the form of cash and cash allowances, or in the form of in-kind replacement assets is conformant between replacement property of equal or a replacement plot of land of comparable quality, size, and Tanzanian law and ESS5. Affected persons will be 6 greater productive value will be productive potential. Tanzanian law generally emphasizes offered the option of either cash compensation or provided, or cash compensation the provision of cash compensation and allowances as the replacement assets and provided training to better provided at replacement cost. primary mechanism of resettlement. understand the implications of their choice. Livelihoods Restoration: Economically EES 5 is the more comprehensive definition and displaced persons will be provided Tanzanian law does not specifically provide for livelihoods required additional support to PAPs to ensure that opportunities to improve, or at least restoration barring the provision of cash compensation their livelihoods are restored to a similar state as 7 restore, their means of income-earning and several allowances such as loss of profit, disturbances, prior to displacement and ideally improved. capacity, production levels, and transport, and accommodation. Restoration measures are included in Chapter 5 of standards of living this LRP. Plans: Where the Project results in Tanzania law do not require a specific resettlement plan, Asset inventories and valuations will be undertaken resettlement, a Resettlement Plan will and the only statutory requirement is the Valuation consistent with national law and ESS5 and submitted be prepared consistent with ESS 5. In 8 Report. A resettlement plan may however be a to the relevant statuary bodies for approval. This LRP cases of only economic displacement, a requirement under the Environmental and Social Impact covers the EES5 provisions for a resettlement plan to Livelihood Restoration Plan will be Assessment. address physical and economic displacement. prepared. Engagement and Disclosure: The The Land Act of 1999 and its Regulation of 2001 and the Project will engage with affected Valuers and Valuation Registration Act of 2016 provide for Stakeholder engagement and participation will be 10 communities and PAPs through a stakeholder engagement and information disclosure on undertaken consistent with Tanzanian law EES5 and formal stakeholder engagement valuation exercise and processes prior to execution of the has been provided for in Chapter 6 of this LRP. process. projects. 19 Mtwara-Mingoyo-Masasi Road Rehabilitation Project – Livelihoods Restoration Plan No. World Bank ESS National Law Provisions Gap Closure Tanzanian law allows for the lodging of appeals related to Grievance Mechanism: The Project will the land acquisition process or compensation to the The Project will establish a custom and site-specific establish a grievance mechanism to relevant Minister, or if this fails the dispute will be lodge 12 Grievance Mechanism consistent with ESS5. The register and resolve resettlement at the Courts. There is however no provision for the mechanism is presented in Chapter of this LRP. specific grievances. establishment of any specific redress system or committees. Gender, Women and Other Members Tanzania law does not provide for the safeguarding of The Project will pay special attention to ensure of Vulnerable Groups: The women and vulnerable groups under any land acquisition inclusion of the needs and interests of women, resettlement process will be cognizant and compensation regulations. Such rights may be broadly persons with disabilities and the poorest of the poor of women’s and vulnerable people’s interpreted with respect to the bill of rights under the and other members of vulnerable groups, consistent 13 perspectives and unique needs in all Constitution., with EES5 a. This LRP makes provision for ensuring aspects of resettlement planning and meaningful engagement and information disclosure, implementation, including provision of and provision of additional support to women and additional safeguards and support other members of vulnerable groups in Chapter 5 measures. and Chapter 6. The Land Acquisition Act grants all land acquisition powers The Project will explicitly define the implementing Implementation Arrangements: The to the President, and delegated to the Ministry of Land, arrangement including (1) resettlement roles, (2) the RAP/LRP will include (1) implementing 14 Housing and Human Settlement Development. All cost of land acquisition, (3) the resettlement role and responsibilities, (2) budget, (3) implementing arrangements and costs would be borne by schedule, and (4) monitoring to be undertaken. This schedule and (4) monitoring. the State. is included in Chapter 7 of this LRP Closure: The resettlement process will The Project will appoint an independent be considered closed once an resettlement specialist to undertake a Closure Audit independent resettlement specialist 15 Tanzania law does not specify any closure requirements once relocations have concluded and livelihoods are has undertaken a Closure Audit, once largely restored. The provision for audits is included relocations have concluded and in Chapter 7. livelihoods are largely restored. 20 Mtwara-Mingoyo-Masasi Road Rehabilitation Project – Livelihoods Restoration Plan 3.4. TANTIP Resettlement Policy Framework TANROAD prepared a Resettlement Policy Framework (RPF) for TanTIP, with the document being published in February of 2022. The RPF is an agreed commitment between the Tanzanian Government and the World Bank, and part of the legally binding Financing Agreement, and the RPF established a binding commitment to meet ESS5. The RPF establishes the principles, rules, and steps to be adopt where any of the TanTIP sub-projects result in compulsory land acquisition or any resettlement-related impacts. The RPF states that it was prepared: “In accordance with Tanzanian law and the guidelines set forth in the World Bank’s Environmental and Social Framework on Involuntary Resettlement (ESS5) to guide the preparation of a Resettlement Action Plan (RAP) prior to any land take and execution of any related works. This RPF is an agreed commitment between the Tanzanian Government and the World Bank, and part of the legally binding Financing Agreement.� (RPF, page 2). Central to this LRP, the RPF states that Project Affected Persons (PAPs) that are eligible for some form of compensation or resettlement support include: 1. Semi-stationary vendors are small-scale traders who sell diverse goods along the existing road. They generally have no structures and do not own land. They include both women and men of various ages. Some of goods they sell are perishable items (i.e., food stuffs), while other goods are more durable (e.g., charcoal, firewood, and processed or semi-processed items). These are generally displayed on mats on the ground or on tables. Sometimes these informal vendors can have employees. 2. Mobile vendors are vendors who move from one marketplace to another, generally on a routine and rotational basis. They generally do not own land or structures likely to be affected by the project and in most cases can temporarily relocate from the road reserve and continue their work at alternate sites nearby. Their incomes are thus unlikely to be affected by the proposed works. 3. Informal transporters are private motorbike operators who commonly park at informally established points along the road. 4. Encroachers and other informal occupants or users, or persons who do not own the land they occupy or use for residential, commercial, or other purposes but have encroached land owned by another person, or Institution These are persons who lives peripheral of the roads and airports. 5. Graves, archeological sites, and cultural shrines located within the RoW. (RPF, page 24 and 25) The RPF defines a range of entitlements (including cash compensation, relocation support and allowances) that the above PAPs would be eligible for depending on the type and nature of their losses. The Eligibility and Entitlement Framework prepared in this LRP is consistent with the RPF, however it provides greater clarity on the entitlement where required. The RPF also establishes a range of requirements and provisions with respect to vulnerable people and gender. Again, this LRP has been prepared consistent with the RPF provisions and provides greater clarity and practical steps to be adopted in safeguarding vulnerable people and women. 21 Mtwara-Mingoyo-Masasi Road Rehabilitation Project – Livelihoods Restoration Plan 4. MARKET BASELINE This LRP has been supported by a market survey, rather than a socio-economic survey, as this permits a focused assessment of the likely economic displacement impacts related to the relocation of the street vendors. The method is presented in Section 1.4, while the findings of these two studies are presented in this chapter. 4.1. Tenure Rights to Business Location All street vendors operate within the existing road reserve, and no vendors have made a claim to own any land within the reserve as part of the interviews. The market survey shows that 70% of surveyed vendors obtained access to the reserve through permission from the municipal or village authorities as well as with TANROADS, often evidenced by the payment of tax/fees to the Tanzanian Revenue Authority or to the municipal /village authorities. The remaining 30% of vendors claim to have no such permission. With respect to past relocation engagement, interviews with street vendors in June of 2023 highlighted that many street vendors obtained permission to trade in the road reserve from the village authorities and TANROADS for unoccupied places since 2021. Access was only granted on the understanding that vendors were made aware of their illegal land occupation of the reserve, and that they will be required to relocate once TANROADS commenced the rehabilitation works. Some street vendors have made claim to be owners – however this does not include claims of ownership of the land itself, but rather is a claim to the location of their current trade as they were the first to establish their business and business structures. Given that location is important and that vendors rarely move to new locations, the ability to claim exclusive access to good trade spots is of critical importance. There are instances of tenancy arrangements with the business structure owners and business tenants. The first vendor to occupy and erect a structure inside a vacant space of the road reserve are the ones who are referred to as owners and they may rent their structures and site to other persons (as tenants). Based on the market survey, 20% of surveyed vendors are under some form of tenancy agreement. 4.2. Place of Business The place of business within ward, towns and village centers is of critical importance for local street vendors. Most of the affected vendors are clustered in town, ward, or village centers as they support the highest volumes of pedestrian and vehicle traffic, as well as a resident population that form the customer base for most of the street vendors. Few vendors are located at empty stretches of the road outside of the town or village centers, as there are insufficient customers that could support any trade. Another benefit of street vendors being based in town, ward, or village centers is related to better access to social services (health centers, schools etc.) which is used by both the vendors as well as their customers. This often results in higher volumes of taxi and bus services parking in the centers. 22 Mtwara-Mingoyo-Masasi Road Rehabilitation Project – Livelihoods Restoration Plan Given the importance of good trade locations at town, ward, or village centers, interviews suggest that often there is little mobility of vendors, and most operate at a single location. This is substantiated by the market survey (see Table 4-1) which shows that 97% of all vendors only operate at a single location. Table 4-1: Summary of Place of Business and Mobility % of Surveyed Vendors by Gender Place of Business Total Vendors Male Females Always at Current Location 63.6 33.6 97.3 Always Moving 0.3 0.3 0.6 One or Two Different Spots 1.5 0.6 2.1 Total 65.5 34.5 100.0 Only 3% of vendors claim to be truly mobile or operate at multiple spots. Prime market space at the ward village or towns center are therefore important for vendors who are not structured for mobility, and good spaces are heavily utilized. Given the largely fixed nature of the trade, there are no immediate alternative sites that the vendors already have access to. 4.3. Basic Characteristics of the TRADER Street vending along the Mtwara-Masasi Road is undertaken by both males and females. Males account for nearly two-thirds of all vendors (see Table 4-2) therefore trading remains a male dominated enterprise. Male vendors are mostly young adults and adults 25 to 64 years of age, with the older males usually having the more established fixed shops, while younger males operate through temporary or mobile stalls. Table 4-2: Age and Gender Characteristics of Vendors % of Vendors by Gender Total Age Groups Male Female Vendors Below 15 0 0 0 15-24 6 3 9 25 - 36 24 15 39 37 - 64 34 16 50 Great than 64 2 0 2 Total 66 34 100 Female vendors account for the remaining one-third of all surveyed vendors. As with males, female vendors are mostly young adults and adults 25 to 64 years of age. However, 10 female vendors were aged between 15 and 24 years of age, with one female aged 15 years. Consistent with the provisionsof this LRP, female vendors are deemed potentially vulnerable and account for around 33% of all affected vendors. The market survey shows that only 2% of vendors are elderly (aged 64 years and above). This group may be considered vulnerable, however analysis this small groups data shows that some retain employees that help them run their store. While they may not be vulnerable, this LRP make additional provision for elderly vendors. 23 Mtwara-Mingoyo-Masasi Road Rehabilitation Project – Livelihoods Restoration Plan In addition, the market survey noted that there are vendors with disabilities, although the survey did not enquire on the nature of the disability to ensure the dignity and private of the trader. Based on the survey, it is anticipated that 2% of affected traders have a disability, and interviews suggest that such disabilities are generally physical (i.e., limp, poor eyesight etc.) 4.4. Type of Business The market survey and interviews with vendors show that there is a diversity of small-scale trading and selling is undertaken. A profile of the types of businesses noted by the market surveys is summarized in Table 4-3 overleaf from the most to least common. The sale of cooked food is the most common trade, and this trade has an over-representation of female vendors (21% of all vendors) compared to male vendors (10% of all vendors). The sale of cooked food may be undertaken a fixed stall, small tables, or the direct hand-to-hand sale at bus-stops. The sale of mixed fresh food (including fruit vegetables, packaged food and first) in combination account for an additional 22% of all surveyed vendors. It is noted that males are over-represented inthis group accounting for 17% of vendors compared to 5% by female vendors. Combined with cooked food, the sale of all forms of food accounts for 54% of all surveyed trades. Home and personal goods (including non-food home goods, clothes, airtime, electrical goods, medicine, books) account for 30% of all surveyed trades. This group as a greater representation of males (23% of all vendors) compared to females (7% of all vendors) suggesting that males tend to focus on non-food and packaged food sales, while females focus on the sale of cooked food. This is substantiated by the interviews with female vendors, which noted that female primarily trade in fresh foods (fresh vegetables, dried fish), cooked food, clothing and bags, goods and groceries, some money agents as well as hair dressing. Most women focus on the sale of cooked food to local street and vehicle commuter traffic along the road. Service-related trades (hardware store, welding, car and bicycle supplies and repairs, car wash, milling/grinding, furniture, entertainment etc.) account for the remaining 16% of all surveyed vendors. Car and bike repairs are the most prominent service, while other trades are relatively smallin numbers. Such trades are entirely dominated by males (15% of all vendors) as opposed to females(2% of all vendors) Interview with male vendors, noted that while men undertake similar trades to women, they also differ. Most business using fixed structures that provide a service (rather than food) are operated by men (as owners or tenants) and men tend to account for the greater proportion of tax registeredbusinesses. 24 Mtwara-Mingoyo-Masasi Road Rehabilitation Project – Livelihoods Restoration Plan Table 4-3: Types of Businesses from Most to Least Common % of Vendors by Gender Total Surveyed Type of Business Male Female Vendors Cooked Food 10.9 21.2 32.1 Home Goods 11.5 4.2 15.8 Fruit / Vegetables 10.9 2.7 13.6 Car / Bike Repairs 5.8 0.0 5.8 Mobile / Airtime 4.5 0.9 5.5 Packaged Food 4.2 0.9 5.2 Clothes 3.9 0.3 4.2 Fish / Fishmonger 1.8 1.2 3.0 Electrical Shop 0.9 0.3 1.2 Medicine 0.6 0.6 1.2 Hardware Shop 0.6 0.3 0.9 Book Store/Library 0.9 0.0 0.9 Fresh Meat / Butcher 0.9 0.0 0.9 Welding 0.9 0.0 0.9 Bicycle Shop 0.6 0.0 0.6 Car Spare Parts 0.0 0.6 0.6 Car Wash 0.6 0.0 0.6 Carpentry Store 0.6 0.0 0.6 Drinks Shop 0.3 0.3 0.6 Mattress Shop 0.3 0.3 0.6 Miller/Grinding 0.6 0.0 0.6 Selling Bags 0.6 0.0 0.6 Stationary 0.3 0.3 0.6 Agrochemicals Shop 0.3 0.0 0.3 Book Store / Library 0.3 0.0 0.3 Book Store/Library/Phone Repairs 0.3 0.0 0.3 Booking Office 0.3 0.0 0.3 Car Equipment 0.3 0.0 0.3 Furniture 0.3 0.0 0.3 Game Centre/Sports/ATM 0.3 0.0 0.3 Mechanic Workshop 0.3 0.0 0.3 Salon 0.0 0.3 0.3 Total 65 35 100 4.5. Date of Start Trading TANROADS commenced engagement with vendors regarding the rehabilitation of the road as early as 2017, with the last major round of stakeholder engagement undertaken in May of 2023. Subsequent interviews with vendors undertaken in June of 2023 to support the development of this LRP, noted that some vendors claimed to have ceased doing business and relocated their businesses on instruction by TANROADS in 2021, while others have largely ignored this instruction and continued to operate their business within the road reserve. Given past engagement and claims of some vendors ceasing their trade in 2021, the market survey profiled the date of establishment of the various businesses (see Table 4-4). 25 Mtwara-Mingoyo-Masasi Road Rehabilitation Project – Livelihoods Restoration Plan Table 4-4: Profile of Date of Establishment of Surveyed Vendors Date of Start of Trade % of Surveyed Vendors Before 2021 49.4 2021 33.3 2022 3.6 2023 2.1 Not Specified 5.5 Relocated in 2021 6.1 Total 100.0 The market survey shows that half (49.4%) of the surveyed vendors had established their businesses prior to the registration process undertaken by TANROADS in 2021, while nearly a third (33.3%) formalized their business only in 2021, likely in response to the registration process. There is a relatively small proportion (5.7%) of businesses that were established in the last two years and afterthe 2021 registration process. Interviews with male and female vendors noted that some vendors had already relocated as early as 2021 in response to the potential rehabilitation works. Interviewees where not able to provide specific figures, however the market surveys suggest that around 6% of all surveyed vendors had decided to relocate over the last two years. 4.6. Trading Period There is little diversity in days, months, and time that vendors undertake their trade. The majority (99%) of vendors claim that their business operates seven-day a week, while a relatively small proportion (1%) do not trade on Saturday. In addition, there is also very little variation in trading throughout the year, with all vendors (100%) claim they operate their business throughout the year. There is some variation in the time of the day that the vendors open their business. The majority (93%) of surveyed vendors claim that their business is open all day (morning, afternoon, and evening), while only 7% of vendors operate only in the morning or evening. The above findings suggest that the businesses are a full-time commitment for vendors, and they are not intermittent or part-time traders that operate along the road. This supports the findings from the interviews which suggest that business trade is the primary livelihood for most of the vendors, and it is not a secondary activity to farming or other livelihoods. 4.7. Number of Employees All vendors are small-scale operations; however, the market survey shows that around 23% of all vendors claim to have one or more employees (see Table 4-5). The employees are equally sourced from the business owner’s family as well as non-family members. 26 Mtwara-Mingoyo-Masasi Road Rehabilitation Project – Livelihoods Restoration Plan Table 4-5: Employee Profile % of Surveyed Street Vendors by Number of Employees Employees Type 1 2 3 4 5 None Family Member as Employee 13.3 4.5 2.1 0.9 0.9 78.2 Non-Family Member as Employee 12.1 7.0 1.5 2.1 0.6 76.7 4.8. Business Structures There are three major types of business structures that are used by the affected street-side vendors along the Mtwara-Masasi Road, which is based on the type of construction materials and whether they can be easily demolished and moved to an alternative location. The types of business structures include: 1. Fixed Shops Building: Buildings with brick and painted walls, concrete foundation, and corrugated ironsheet for roofs. This may entail of one or more rooms, used as the store for goods, and the roomsmay have an open window as the store front. See Figure 4-1 for examples. 2. Mobile Stalls: Informal shelters constructed of wooden pole frames, and roofs made of corrugated iron, plastic or tarpaulin sheeting or thatching. These shelters are not secure; therefore, goods are taken home at the end of the day. See Figure 4-1 for examples. 3. Tables and Ground Sheets: The smallest and most informal form of trading is undertaken on small tables or on ground sheets. These are not fixed or mobile shelters, and function mostly as counter space for goods. See Figure 4-1 for examples. The market survey shows that vendors consider both brick buildings and informal structures as fixed structures, which account for 73% of all structures (See Table 4-6). This means that structures are permanent fixtures and are never demolished and moved. This is consistent with the understanding that most vendors operate only at one location. Table 4-6: Profile of Business Structure Structure Type Primary Structure Material Total Vendors Bricks/Concrete 29.7 Fixed Business Shop / Kiosk Corrugated Iron/Plastic Sheets/Wood 43.6 Bricks/Concrete 0.0 Mobile Stall / Shelter Corrugated Iron/Plastic Sheets/Wood 24.5 None - 2.1 Total 34.5 Of the fixed structures, 30% are built of brick walls, concrete foundations, and corrugated iron roofs, however they often have secondary informal attachments. These brick structures are immobile and fixed, and they would likely need to be demolished as part of any resettlement process. Most of the trade structures (68%) are however mobile as they are constructed with wood poles, dry grass, and corrugated iron sheet roofs. Owners may consider them to be fixed or mobile and this will differ on the specific construction of the structure, the size of the structure and how readily it be demolished. 27 Mtwara-Mingoyo-Masasi Road Rehabilitation Project – Livelihoods Restoration Plan a) Example of Fixed Structures of Brick Walls, Concrete Foundation and Corrugated Iron Roofs b) Semi-Mobile Structure of Wood Poles, Mixed Foundation and Corrugated Iron or Tarpaulin Roofs c) Mobile Stalls of Mixed Materials Figure 4-1: Example of Different Types of Business Structures 4.9. Vendor Registration Street vendors are often assumed to be entirely informal or petty traders, however the documented or registration status of their businesses is more complex and varied than what first appears. This is an important distinction, as under ESS5 (paragraph 33 and 34) compensation for losses at replacement cost must be provided to any affected commercial enterprises regardless of their size or they whether licensed or unlicensed. In addition, such enterprises are eligible for this compensation irrespective of whether they own the land on which they operate or not. 28 Mtwara-Mingoyo-Masasi Road Rehabilitation Project – Livelihoods Restoration Plan The markets survey and interviews identified the following different types of vendor registration. • Tax Registered Vendors: Twenty-three (23) percent of surveyed vendors claimed to be registered with the Tanzanian Revenue Authority (TRA).This required the vendor to obtain a Tax Identification Number (TIN), followed by a visit from a TRA officer to estimate the trader's tax requirements. Interviews with vendor claimed that the TIN costs TShs 20,000 on a yearly basis, while business tax is paid on a quarterly or biannual basis to the TRA or to the village authorities. Interview suggest that the tax is around TShs 120,000 per annum. • Local Authority Registered Vendors: Forty-five (45) percent of surveyed vendors claimed to be registered with the Village Council, who grants them permission to undertake their trade at their current location. Interview suggest that TANROADS may also provide permissions alongside the village leadership. Such permission grants them a business identification card/entrepreneurial credentials. Interviews with vendors suggested that this requires the payment of an annual fees of approximately TShs 20,000, and monthly fees of TShs 3,000 to 6,000 to the village or ward authorities. • Unregistered Vendors: Thirty-one (31) percent of surveyed traders claimed to be unregistered, and these mostly entail true petty traders, of which the majority use simple tables or ground sheets. Interviews suggest that some still pay rent to the village authorities, although this is intermittent and unstructured. The vendors that are registered with the TRA or with the local village authorities can be defined as semi- formalized small-scale businesses, with both documented registration and a history of payment of taxation or fees. Only those without registration from the TRA or with the local village authorities are true petty traders as they do not any have documentation. Their history of fees payment to village authorities is often intermittent and undocumented. These vendors tend to be the smallest and most mobile, and trade in goods located on simple tables or groundsheets placed on the ground. 4.10. Income and Income Stability The market survey profiled the average monthly income generated by each type of business (as summarized in Table 4-7 overleaf). Across all business types, the total monthly average income was Tsh 183,000 (USD 77.00), or the equivalent of USD 2.5 earned per day. Income however will vary based on the type of business. The most common business is the sale of cooked food, and the average monthly income is Tsh 103,000 (USD 44.00) which is below the total average. Higher incomes are generated by the small number of formal businesses such as salons, grinding mills, workshop etc. The figures accounts for net income after payment of all expenses. This is an important distinction as expenses account for a major proportion of the total profit generated by the vendors,as presented in Table 4-8. Half of the surveyed vendors claimed to spend up to 60% of their total earnings on expenses. 29 Mtwara-Mingoyo-Masasi Road Rehabilitation Project – Livelihoods Restoration Plan Table 4-7: Average Monthly Income by Business Type Average Monthly Income* Type of Business Tanzanian Shillings US Dollar Book Store / Library 300 000 127 Book Store/Library 125 000 53 Book Store/Library/Phone Repairs 300 000 127 Car / Bike Repairs 250 833 106 Car Spare Parts 200 000 85 Car Wash 415 000 175 Carpentry Store 30 000 13 Clothes 133 333 56 Cooked Food 103 409 44 Electrical Shop 1 000 000 423 Fish / Fishmonger 167 500 71 Fresh Meat / Butcher 300 000 127 Fruit / Vegetables 116 857 49 Game Centre/Sports/ATM 1 000 000 423 Hardware Shop 300 000 127 Home Goods 218 235 92 Mattress Shop 550 000 233 Medicine 800 000 338 Miller/Grinding 100 000 42 Mobile / Airtime 190 714 81 Packaged Food 192 222 81 Salon 200 000 85 Stationary 300 000 127 Tailor 200 000 85 Total Average 182 716 77 * The information was provided by surveyed vendors and there was no verification of the claims through the review of audit- able accounts, documents, or any other independent means, as often there is no available type of documentation. In addition, some vendors did not specific their monthly income. Table 4-8: Expenses Profile Expenses % of Surveyed Vendors 3 of Every 10 Shillings Earned 26.8 6 of Every 10 Shillings Earned 32.9 9 of Every 10 Shillings Earned 8.1 Don’t Know 7.4 No Comment 17.7 Total 100 The market survey and interviews confirmed that most vendors operate full-time, and the volume of trade (and therefore income) will vary through the year (see Table 4-9). The first quarter (January to March) is generally considered a time of low trade, which is likely associated with the tail end of the cropping season where the sale of crops is at the lowest and there is the least amount of disposable cash. Trade picks up between April to September, which is likely linked to the harvest of staple crops (such as Maize, Millet, Peanut and Sorghum) through the middle half of the year, while trade peaks in October through to December. 30 Mtwara-Mingoyo-Masasi Road Rehabilitation Project – Livelihoods Restoration Plan Table 4-9: Trade Volumes % of Surveyed Street Vendors by Trade Volumes Period Good Trade Medium Trade Low Trade No Trade January to March 4.3 13.1 73.7 8.9 April to June 22.7 54.3 21.5 1.5 July to September 65.7 27.5 6.5 0.3 October to December 85.2 9.3 5.6 0.0 4.11. Other Sources of Income Interviews with traders suggest that trading is an important livelihood alongside farming, while the market survey shows that all (100%) of surveyed vendors claimed that it is their primary livelihood and primary source of income. Of the surveyed vendors, 41% claimed to have other family members that that engaged in the selling for farm goods, casual labor as well as full time labor. This suggests that many vendor-households engage in a diversity of livelihoods to secure household foods needs and income, however their businesses remain their primary livelihood. 31 Mtwara-Mingoyo-Masasi Road Rehabilitation Project – Livelihoods Restoration Plan 5. ELIGIBILITY & ENTITLEMENT FRAMEWORK Eligible Persons is a term that covers any individual, family, legal entity, or collective group that is deemed eligible for compensation for the loss of any property rights, unexhausted improvements or livelihoods and income as a direct result of the Project. Under Tanzania law, persons that may only make a claim for compensation from the State if they have a recognized Rights of Occupation to the land. The law is silent with respect to persons with no recognized rights. In such cases, any person who occupies or uses a parcel of land without lawful or customary rights (i.e., squatters) is not deemed eligible for compensation. As the street vendors do not have formal occupancy rights to the land, they would not be eligible for compensation. However, ESS5 defines broadens the definition of eligible persons, and includes any person that falls under one or more of following categories: • Category A: Persons who have formal legal rights to land or assets, through holding documented government grants, lease, or similar recognized rights. • Category B: Persons who do not have formal legal rights to land or assets but have a claim to land or assets that is recognized or recognizable under national law or customary law. • Category C: Persons who have no recognizable legal right or claim to the land or assets they occupy or use. The street-side vendors fall under Category C as they do not have recognized ownership rights to the land, however they derive an economic benefit from the land, and many are deemed to be registered businesses. To conform with ESS5, the vendors are eligible for compensation and relocation support but are not eligible for compensation for the land itself. This principle conforms with an important ESS5 provision noted below: “In the case of projects affecting livelihoods or income generation, the [project] will include measures to allow affected persons to improve, or at least restore, their incomes or livelihoods.� ESS5 (Paragraph 33) With respect to the affected graves, a joint review of the graves through the updated 2023 Environmental and Social Impact Assessment (ESIA) and this Livelihoods Restoration Plan (LRP) shows that they are historical graves and not recent graves. Where graves are relatively recent, the exhumation and reinterment of the body is covered as part of the resettlement process, under the Graves (Removal) Act No. 9 of 1969. Historical graves are however covered under ESS8 and is covered under the Sub-Project Cultural Heritage Chance Finds Procedure, as provided in the updated 2023 ESIA. The Entitlement Framework (See Table 5-1 overleaf) defines the support measures to beprovided to the street vendors and the custodians of the mosque. The framework is aligned with the entitlements defined in the TanTIP RPF (Tanzania National Roads Agency, 2022). Clarifications and additional requirements have been included where needed. 32 Mtwara-Mingoyo-Masasi Road Rehabilitation Project – Livelihoods Restoration Plan Table 5-1: Entitlement Framework No. Type of Loss Eligible Person Relocation Support Measures 1. Cash compensation, at full replacement value, of all structures and other unexhausted improvements* made on the land, but not the land itself. OR 2. Provision of replacement structures of comparable size, quality and function, or ideally improved standards, to be construction on Verified structure at an alternative site, or setback from the road reserve if space Loss of Fixed owner, irrespective of permits. 1 AND Structures their land ownership status. a) Disruption allowance. b) Transport allowance. c) Right to salvage existing materials. d) Financial management training. e) Cover all applicable taxes, fees or registration cost incurred by affected persons. f) Provided support to move to a road-side market space provided by the Project/local authorities. a) Cash compensation, at full replacement value, of all structures and other unexhausted improvements made on the land, but not the land itself. AND Loss of Semi- Verified structure b) Disruption allowance. Mobile or owner, irrespective of c) Transport allowance. 2 Mobile their land ownership d) Right to salvage existing materials. Structures status. e) Financial management training. f) Cover all applicable taxes, fees or registration cost incurred by affected persons. g) Provided support to move to a road-side market space. provided by the Project/local authorities. Owner of any business, 1. Provision of loss-of-profit compensation based on the net irrespective of whether estimated monthly profit of the business evidenced by a market 3 Loss of Income analysis of similar businesses in the same area and multiplied by a they are registered or not. predetermined transition period of 6 months. 1. Cash compensation, at full replacement value, of the Mosque and other unexhausted improvements* made on the land**, AND Loss of Custodians of any 4 a) Investigate the Mosque grounds for any unmarked graves and if any Mosques affected Mosques unmarked graves identified, cease work, contact the relevant government/district health officials/ authorities, and apply the relevant provisions of national law and ESS8. Loss of • Obtain permits and organize the relocation of historical graves Custodian of the 5 Historical consistent with the procedures established in the Sub-project Graves Chance Finds Procedure as well as relevant Tanzanian heritage laws. Graves 1. Vulnerability allowance based on a lump sum equivalent to 7 Any household identified months to one year of subsistence allowance rates provided by Vulnerable as vulnerable based on 6 government programs (e.g., TASAF). People the criteria in Section 5.5 AND of the LRP a) Supplementary support as provided in this LRP. 33 Mtwara-Mingoyo-Masasi Road Rehabilitation Project – Livelihoods Restoration Plan No. Type of Loss Eligible Person Relocation Support Measures 1. Cash compensation calculated as the cost of the outstanding rental due under an existing formal lease agreement or based on Lessors of any land or average equivalent rental costs of a similar property or premise structure, under a over a period of 6 months. Loss of formal lease. AND Rental or a) Disruption allowance. 7 b) Financial management training. Tenancy Rights 1. Cash compensation valued based on average equivalent rental Lessees of any land or costs of a similar property or premises, multiplied over 6 structures under a months. formal lease. AND a) Disruption allowance. * "Unexhausted improvements" means any quality permanently attached to the land directly resulting from the expenditure of capital or labor by a person holding under a right of occupancy and increasing the productive capacity, utility, or amenity thereof, but does not include the results of ordinary cultivation other than standing crops or growing produce. ** The custodians of the mosque have already secured alternative land and started acquiring new materials to reconstruct the Mosque through donations. As such, no replacement structure is to be provided, and the cash compensation will be sufficient for the custodians to accelerate the construction of their mosque. 5.1. Development Moratorium A development moratorium is defined as an announcement or notification of affected persons that all forms of development and investment on the land to be acquired is to cease. The commencement of the development moratorium is linked to a declared cut-off date, after which compensation and resettlement assistance will not be provided for: 1. People settling or undertaking any new developments on the target land. 2. Construction of any new structures or other fixed assets whatsoever. 3. Significant upgrades or investment in existing structures. 4. Installation of new infrastructure (including shops, walls, or any other fixed works). The Valuation and Valuers Registration Act, 2016 established the stator mechanism for the establishment of the development moratorium. Under Article 53, the cut-off date is the date of the commencement of the valuation, and no person is permitted to add or improve anything to the landor such premises. This establishes that the date of the surveys undertaken for the valuation reportsfunctions as the de-facto and de-jure cut-off date. However, under Tanzanian law, the street vendors are not eligible for compensation therefore this statutory requirement does not apply. In cases, where there is no statutory basis for a cut-off date, it is required that a date be announced by the developer through community engagement. TANROADS noted that the cut-off date of 31st of May 2023 was broadly communicated in a major round of community engagement undertaken directly by TANROADS between 23 to 25 May of 2023. This date will be linked and further communicated during the registration of affected vendors currently being undertaken by TANROADS. This is to ensure alignment with ESS5 which requires a cut-off date for eligibility (paragraph 4 and 9). 34 Mtwara-Mingoyo-Masasi Road Rehabilitation Project – Livelihoods Restoration Plan The development moratorium will be further communicated to all affected persons during the LRP disclosure process and associated community and authority meetings. This is to ensure that there is sufficient awareness of the cut-off-date. Should any new claimants come forward after the LRP disclosure, then their claim will need to be investigated by TANROADS or the relevant District Grievance Resolution Committees through the Grievance Mechanism (see Section 6.6). 5.2. Relocation Support Measures TANROADS has selected to provide relocation support through a combination of allowances and non- financial livelihoods restoration measures. The allowances have been calculated based on Tanzanian regulations where they are deemed equivalent to fair compensation under ESS5. 5.2.1. Loss-of-Profit Allowance To conform with ESS5, TANROADS intends to provide a Loss-of-Profit Allowance to offset the potential disruption of income through the suspension of trade during relocation to a new site, as well as a transitional period during which the vendor will need to establish a new customer base. This allowance will be provided to all vendors, irrespective of whether they are registered with local authorities or not, and whether they have audited accounts. Tanzanian law2 limits Loss-of-Profit Allowances to formal registered businesses with auditable account only, and the allowance is determined based on net monthly profit of the business and multiplied by 6 months to arrive at the loss of profits that are payable. This legal provision does not extend to informal or small-scale vendors, and the law is silent in such cases. TANROADS have however adopted the underlying principle under the above legal provision and will provide Loss-of-Profit Allowances based on the estimated monthly profit of the vendors based on an average value of incomes from the Market Survey (see Section 4.10) multiplied by 6 months to allow vendors to restore their businesses. 5.2.2. Transport Allowance To conform with both the TanTIP RPF and ESS5, TANROADS will provide a Transport Allowance, to allow eligible persons to cover the cost of transporting their goods, structures, and assets to an alternative location. TANROADS have adopted legal precedent under The Land (Assessment of the Value of Land Compensation) Regulations, 2001, which establishes the transport allowance based on the actual cost of transporting 12 tons of luggage by rail or road, within 20 kilometers from the point of displacement. This has been calculated at a flat rate of Tsh 150,000 (USD 64) per vendor, based on formal valuations undertaken in 2023 for TANROADS on other TanTIP Projects. 2 The Land (Assessment of the Value of Land Compensation) Regulations, 2001. 35 Mtwara-Mingoyo-Masasi Road Rehabilitation Project – Livelihoods Restoration Plan 5.2.3. Rental Allowance The rental allowance for the structure owner (lessor) will be calculated as the cost of the outstanding rental due under any existing formal lease agreement (which will be assessed on a case-by-case basis) or based on average equivalent rental costs of a similar property or premise over a period of 6 months. In addition, a separate rental allowance will be provided to tenants/lessees which will provide sufficient income for them to relocate to an alternative place of business. The allowance is based on the average equivalent rental costs of a similar property or premises, multiplied over 6 months. 5.2.4. Disruption Allowance To conform with both the TanTIP RPF and ESS5, TANROADS intends to provide a DisturbanceAllowance. TANROADS have adopted legal precedent that base the allowance on the average percentage rate of interested offered by commercial banks on fixed deposits for 12 months at the time of the loss of the land. This been calculated as 7% of the value of all compensation per vendor, based on formal valuations undertaken in 2023 for TANROADS on other TanTIP Projects. 5.2.5. Historical Grave Relocation The 2021 ARAP identified 11 graves that would need to be exhumed. A joint review of the graves through the updated 2023 Environmental and Social Impact Assessment (ESIA) and this Livelihoods Restoration Plan (LRP) shows that they are historical graves and not recent graves. Where graves are relatively recent, the exhumation and reinterment of the body is covered as part of the resettlement process. Historical graves are however covered under ESS8 and under the Sub-Project Cultural Heritage Chance Finds Procedure, as provided in the updated 2023 ESIA. As such, no specific support is made in this LRP. 36 Mtwara-Mingoyo-Masasi Road Rehabilitation Project – Livelihoods Restoration Plan 6. LIVELIHOODS RESTORATION & DEVELOPMENT The allowances are intended to provide sufficient cash reserves for local vendors to relocate to a new site of business. However, to ensure that their trades remain sustainable after the transitional period, a central pillar of any livelihood restoration program offered by TANROADS will be on securing alternative market spaces. This is important as interviews with affected vendors noted that location is important. Their customer base is largely clustered in towns, village, and ward centers, and moving away from these centers would be considered problematic by vendors. No relocation outside of the town and village centers will be supported by the affected vendors. Rather, vendors requested support to establish new market spaces at their current location (but away from the road reserve), or via the development of new market spaces. The planning and implementation of the alternative market spaces will be undertaken by TANROADS via a Community and Local Development approach, which is suitably scaled to the needs of securing alternative markets spaces in a simple, cost-effective, and pragmatic manner, as discussed below. 6.1. Alternative Market Spaces – Option 1 Once the rehabilitation works have concluded, affected vendors will be permitted to return to their original place of trade, but only where it is able to be set-back from the road reserve. TANROADS will enforce restrictions on the construction of new fixed structures in the road reserve, therefore any returning traders will need to find a location outside of the reserve. The compensation and allowance should cover the loss of income during the transition to outside of the reserve. Under such an option, the selection of a new site will be undertaken by vendors, and no specific development program will be established by TANROADs. 6.2. Alternative Market Spaces – Option 2 Option 2 – Development of new Market Spaces/Improvement of Existing Market Spaces: TANROADS, in collaboration with local authorities and vendors, may seek to develop either new street-side, small-market stalls at multiple locations along the road or provide preferential access to existing central market spaces. Interviews with vendors, undertaken during the preparation of this LRP, presented several options of open land for the development of new market spaces (see Figure 5-1 to Figure 5-5). The establishment of such market spaces will be explored through a Community and Local Development approach, that requires collaboration between TANROADS, local authorities and affected vendors. The practicalities of developing new market spaces will need to be explored by TANROADS in consultation with the local district, ward, and village authorities during the implementation phase. This includes determining the viability of such spaces, their location and resources required to plan, construct, and operate the market spaces. 37 Mtwara-Mingoyo-Masasi Road Rehabilitation Project – Livelihoods Restoration Plan Figure 6-1: Suggested New Market Space – Mpapura Ward (LAT-10.254835, LONG 39.921868) Figure 6-2: Suggested New Market Space – Masasi Town (LAT -10.721817, LONG 38.816756) Figure 6-3: Suggested New Market Space – Nyangao Ward (LAT -10.332667, LONG 39.300813) 38 Mtwara-Mingoyo-Masasi Road Rehabilitation Project – Livelihoods Restoration Plan Figure 6-4: Suggested New Market Space – Nanganga Ward (LAT -10.408911, LONG 39.165532) Figure 6-5: Suggested New Market Space – Ndanda Ward (LAT -10.483371, LONG 39.038764) Note: No preferred site is given by vendors at Kiwalala Ward as a single common roadside marketat the ward center would not suffice given that vendors are clustered locations in different villages in the ward. 6.2.1. Formation of Technical Committee(s) To support the assessment of the viability of the alternative market spaces, TANROADS will establish a suitable Technical Committee(s) for each proposed market space. This committee will have the following mandate: 1. Assess the technical feasibility of developing the proposed market spaces and where required assess alternative spaces as part of a collective group. 2. Determine the land ownership as well as land occupants on the proposed market spaces and determine how the land may be acquired with no additional displacement. 3. Define a market design (including fixed stalls, public parking, ablution facilities, etc.) and determine the likely cost of development. A request for budget to cover these costs will be 39 Mtwara-Mingoyo-Masasi Road Rehabilitation Project – Livelihoods Restoration Plan submitted to TANROADS through the committee(s). 4. Appoint a local construction contractor to develop the proposed market spaces and monitor the performance of the construction contractor at all times. 5. Define a list of beneficiaries and determine a fair way of allocating market spaces/stalls at the proposed markets spaces to beneficiaries. 6. Ensure fair representative and benefits sharing with women, persons with disabilities, minor, and other vulnerable street vendors. 7. Establish a transparent manner of setting market fees and taxes, that will allow for ongoing vendors payment of operational costs of the market space. 8. Manage the day-to-day operational and maintenance requirement at the proposed market spaces utilizing market fees and taxes paid by the vendors. To ensure that the proposed committees support the transfer of decision-making power, and financial and technical resources, directly to local authorities and affected vendors, the committees will have the following members/representatives: 1. Masasi, Mtwara and Lindi District Council(s) (as chairpersons), 2. Mtwara and Lindi Municipal Councils, 3. Community Development and Social Welfare Offices, 4. Local Village/Mtaa leadership, 5. Representatives of male vendors, 6. Representatives of female, minor and other vulnerable vendors, 7. Others as nominated by the committee members. To ensure there is sufficient capacity, TANROADS will provide external facilitation to these committee(s), including provision of (1) technical expertise, (2) operational expenses and per diems, (3) administrative support, and (4) provide development funding through the TANTIP Program. 6.3. Feasibility Study, Set-Up Costs and Operational Costs TANROADS, through the relevant committees, will undertake a feasibility study of the proposed market spaces, which will include the practicality of the proposed spaces as well as the determination of a design of the new market spaces. The study will also determine the set-up costs, which may form the basis for a budget application to TANROADS to be funded under the TANTIP Program. In addition, the study will determine the likely operational costs, and establish the means (e.g., rental fees, licenses) of how the vendors will contribute to covering the operational costs. 6.4. Procurement Controls Given that the establishment of the proposed markets spaces will be locally driven, with technical support from TANROADS, a suitable procurement guideline will be established for the Technical Committees to effectively manage and utilize any funds received from TANROADS under the TANTIP Program, with due care to efficiency, fairness, accountability, and transparency. 40 Mtwara-Mingoyo-Masasi Road Rehabilitation Project – Livelihoods Restoration Plan 6.5. Additional Livelihoods Support and Benefits ESS5 requires that the Project attempt to provide development benefits to affected persons in addition to compensation and relocation support. A central tenant to benefits will be allowing vendors to continue to undertake their business within the road reserve, or to establish new market spaces as presented above. Supplementary developmental support may include: • Financial Literacy and Business Development Training: TANROADS may appoint a service provider to provide financial literacy training to affected persons so they can better use their compensation effectively. The service providers will provide additional training to affected business owners to support them in improving their business trade conditions after the relocation and re-establishment. • Improved Access to Micro-Loan Schemes: TANROADS may support vendors in gaining accessing government-led micro-loan schemes (through local savings and credit cooperative organizations or the National Microfinance Bank), however TANROADS will not provide direct funding through any forms of loans. • Preferential Employment: This is a discretionary (voluntary) benefit, where TANROADS will provide preferential access to affected persons to be employed as an unskilled or semi- skilled contract worker during the rehabilitation works. This provision will be included in the construction contractor’s preferential recruitment policies. Interviews with local street vendors confirmed that there are no known Non-Governmental Organizations (NGOs) that provide direct support to local vendors. As such there is little existing institutional support which TANROADS could benefit from. As such, the above services will need to be provided directly by TANROADS, the relevant state institution or a private service providers appointed by TANROADS. 6.6. Vulnerable Peoples Support Vulnerable persons are defined as people who by virtue of their gender, age, social or economic status may be more adversely affected by economic displacement, when compared to their peers (i.e., other vendors). Under this LRP, vulnerable people include the following: 1. Elderly Vendors: This includes any vendor, male or female, that is older than 64 years of age, and irrespective of whether there are economically active adult children that forms part of their household. 2. Women Vendors: This includes any vendor that is female, irrespective of her age or whether there are economically active males (i.e., husband or adult children) that forms part of their household. 3. Vendors with Disabilities: This includes any vendor with a physical or mental disability, that may restrict their ability to fully engage in their trade, irrespective of whether there are economically active adults that forms part of their household. 4. Minors (Boys and Girls) Undertaking Trades: This includes any vendor, male or female, that is below the age of 15 and of school-going age, and irrespective of whether the business is owned by an adult family member. 41 Mtwara-Mingoyo-Masasi Road Rehabilitation Project – Livelihoods Restoration Plan The market survey included questions to determine the proportion of vendors that fall into one or more of the above categories. The survey suggests that up to 34% of all vendors may be defined as vulnerable, mostly related to female traders, as shown in Table 5-2 below. Table 6-1: Profile of Vulnerable Vendors Vulnerable Person Group % of Surveyed Vendors Elderly Vendors 1.2 Women Vendors 34.0 Vendors With Disabilities 2.0 Minors (Boys and Girls) Undertaking Trades 0.9 Consistent with the TanTIP RPF, vulnerable people will be provided a Vulnerability allowance based on a lump sum equivalent to a 6-month subsistence allowance rates provided by government programs. This has been calculated using average values from the Tanzanian Social Action Fund supported by the World Bank. TANROADS will provide additional safeguards as the allowance may expose vulnerable people to abuse or coercion from other people if they have access to a ready amount of cash. This will include: 1. Supplementary Engagement: TANROADS will undertake direct one-on-one engagement with vulnerable people, instead of open community meetings, to safeguard their privacy and dignity. This will be undertaken directly via the Social Safeguard Specialist and Community Liaison Officers (CLOs). 2. Proxies/Parents/Guardians: TANROADS will allow vulnerable people (at their own discretion) to nominate a proxy that will support them during any relocation negotiations and permit the proxy to be a signatory to any agreement. For minors, this will include the participationof their parents or next-of-kin. 3. Payment of Allowances: TANROADS will directly assist vulnerable people to open bank accounts and help them to access any available allowances, in the form of administrative and transport support. 4. Moving Support: TANROADS, at the request of a vulnerable person, may provide direct supervision, additional manual labor, and transport to assist in the salvage and relocation of any movable goods owned by that person. This would be in lieu of the moving allowance. 5. Priority Access: TANROADS will provide priority access to vulnerable people in reinstating their trades at any proposed small street markets or markets provided under the livelihood restoration program. 6. Monitoring: TANROADS will undertake regular monitoring and surveillance of verified vulnerable people during and after their relocation as part of the LRP monitoring requirements. 42 Mtwara-Mingoyo-Masasi Road Rehabilitation Project – Livelihoods Restoration Plan TANROADS will also provide supplemental assistance to women, and ensure the safeguarding of gender- based rights, including measures to address the risk of increased incidence of Gender-Based Violence in relation to compensation and relocation activities. Such additional support will include: 1. Representation During Engagement: TanRoads will ensure fair representation of female vendors as part of any consultative forums, community meetings and interviews. This will include women-only-facilitated and attended consultations, to ensure women have opportunities to discuss their needs, interests, and perspectives, free of the risk of coercion or intimidation. 2. Representation During Compensation Negotiations: The negotiations of compensation will consider the views and needs of both men and women vendors equally. In the case of female vendors, they will be given the freedom to negotiate any relocation support by themselves or may nominate a witness to support her. 3. Payment of Allowances: TANROADS will directly assist women vendors to open their own private bank accounts, should it be requested, and help them to access any available allowances, in the form of administrative and transport support. 4. Priority Access: TANROADS will provide priority access to women in reinstating their trades at any proposed small street markets or markets provided under the livelihood restoration program. 5. Female CLOs or Community Officers: TanRoads will include female social management staff, and work through services providers appointed under the Project Gender-Based Violence Action Plan, who play a key role in supporting women and vulnerable people in the affected districts. 6. Women Focused Development Programmes: Additional support measures include the development of a nursery school to care for their children while they are at the market, provision of sanitation facilities at any new market spaces, as well as the provision of health services. Much of these options fall outside of the LRP provisions but may be explored as part of any community development programmes. 7. Monitoring of Financial Abuse: TanRoads, mainly through the CLOs, shall monitor vulnerable people to identify situations where compensation funds are being abused, or when female vendors have been discriminated. Where such situations are found, they will be reported to the relevant local administration for joint resolution with TanRoads. Closely associated with vulnerability is the potential for Gender-Based Violence (GBV) which may arise in different ways, notably when women have greater access to cash from the proposed allowances. The Project Gender-Based Violence Action Plan3 will also apply in such cases, while this LRP provides additional targeted measures noted below: 3 TANROADS (2022) Gender-based Violence Action Plan - Tanzania Transport Integrated Project (TanTIP), TANROADS, Dar Es Salam. 43 Mtwara-Mingoyo-Masasi Road Rehabilitation Project – Livelihoods Restoration Plan 1. Women Denied Property Rights: TANROADS will not condone or support any situation where women are evicted from any business site without relocation support, or are unfairly denied their fair compensation, or where they are forced to hand over the allowances to male family members, unless substantive moral and legal justification is provided. 2. Women as Financial Managers: TANROADS will provide financial management training to women, as a separate group from males where this does not generate local tension. This will assist women to better invest their allowances and transition to new markets, while allowing TANROADS to track actual use of compensation. 3. Women as Decision Makers: TANROADS will support targeted and safe engagement during the disclosure of this LRP and during its implementation to provide a safe space to raise concerns and issues, as well as to provide direction in decision-making. This will be in the form of Focus Group Meetings, as well as fair representation in the District Grievance Resolution Committee. 4. Rights to Lodge Grievances: Women vendors will be provided additional routes to access the Project grievance mechanism, while any investigations, discussions and reporting will be undertaken in such a manner that respects the dignity and privacy of women. All the above measures will be undertaken in such a manner that fosters a positive process of collaboration between males and female vendors, rather than a negative antagonistic space. This includes (1) being flexible on the structure of all engagement, negotiations and talks so that it does not split or isolate genders, (2) understanding that each vendor is unique and must be engaged on a case-by-case basis, and (3) facilitating good financial management to allow both males and females to collaborate as a collective unit. Where TANROADS finds direct evidence of GBV (in any form) it may, with due respect for the privacyand dignity of all parties, forward the incidence to it nominated contractor under the Project Gender-Based Violence Action Plan who have been appointed by TANROADS to provide SEA/SH and HIV/AIDS related counselling and survivor support services for the Project. 44 Mtwara-Mingoyo-Masasi Road Rehabilitation Project – Livelihoods Restoration Plan 7. STAKEHOLDER ENGAGEMENT Stakeholder engagement is a critical requirement to ensure the successful relocation of street vendors and graves, while also ensuring conformance with ESS5. To date, TANROADS has supported multiple rounds of engagement starting as early as 2017, with the last major rounds of stakeholder engagement undertaken in April of 2021 to support the development of the ARAP, as well in May of 2023 to update vendors on the Sub-project status. In the intervening period, TANROADS prepared a project-wide Stakeholder Engagement Plan (SEP)4 in 2022, which provided greater clarity on the engagement requirements. Given the protracted nature of the relocation planning, and potential elevation of stakeholder fatigue in terms of waiting for a final decision and solutions the relocation, it is the intent of TANROADS to disclose this LRP and thereafter undertake another major round formal stakeholder engagement to provide formal feedback on what relocation support will be provided. Thereafter, TANROADS will transition to ongoing stakeholder engagement as part of the implementation phase. This chapter presents the outcomes of the last major rounds of stakeholder engagement undertaken in 2021 and 2023, supplemented by interviews and focus-group-discussions undertaken in June 2023. Thereafter it provides the proposed approach for ongoing stakeholder engagement during the implementation phase. 7.1. Engagement Principles Any future stakeholder engagement will be undertaken based on the key principles of Free, Prior, Informed Participation (FPIP), which includes the following: 1. The opportunity to engage and participate in the land acquisition and resettlement process is offered to each Affected Persons and key stakeholders. 2. Effective consultation will be undertaken in an open and transparent manner, that respects the dignity of each Affected Persons and key stakeholders. 3. Engagement with stakeholders will be in a manner that is appropriate and culturally sensitive and tailored to the characteristics and interests of different stakeholders. 4. Informed consultation and participation will be supported via direct one-on-one engagement with Affected Persons and the formation of suitable public consultative forums. 5. Engagement and participation should support the enhancement of the capacity of affected persons and key stakeholders to engage and contribute to the resettlement planning process. 6. Engagement will be undertaken in a manner that is easily accessible and does not result in disruption of livelihoods or excessive burden on the resources of the stakeholders. 7. Information is disclosed in an accessible, transparent, and timely manner to allow stakeholders to gain a clear understanding of the land acquisition and resettlement process. 8. All stakeholder engagement will be free of external manipulation, interference, coercion, or intimidation and no stakeholder is denied an opportunity to be part of the engagement process. 9. Ensure the meaningful representation of those identified as disadvantaged or vulnerable, including 4 TANROADS (2022) Tanzania Transport Integration Project Stakeholder Engagement Plan, TANROADS, Dar Es Salam 45 Mtwara-Mingoyo-Masasi Road Rehabilitation Project – Livelihoods Restoration Plan the participation of women in the land acquisition and resettlement process. 10. A Grievance Mechanism is established to receive, process, and resolve any potential concerns or grievances in a transparent and timely manner. 11. Effective and clear record keeping of all forms of informal and formal engagement will be ensured for the duration of the engagement process. 7.2. 2021 Engagement To support the development of the 2021 ARAP, TANROADS held separate consultation meetings with affected persons and local communities in the relevant wards along the road. This included multiple meetings between 18 to 20 May 2021, and covered both local community leaders and 70 individuals from the, at the time, 59 known street vendors. Additional engagement was undertaken on the same days (18 to 20 May 2021) with the relevant ward/village leaders, the Mtwara/Lindi Municipal Council Officials. A summary of the key issues (both resettlement and non-resettlement related) raised during this round engagement is present in Box 6-1. Box 7-1: Summary of Stakeholder Engagement Concerns Raised in the 2021 ARAP Concern 1: Our experience shows that many resettlements associated with Government projects haveleft people in abject poverty. Is this one going to leave us in worse life than we have? Response 1: This exercise intends to restore the livelihoods of PAPs. Concern 2: The project may stimulate petty trade and food vending among women, but measures should be taken to limit hidden relationships which may jeopardize marriage bonds among married couples and their daughters in getting early pregnancies. Response 2: TANROADS will ensure that the construction contractor will take all necessary measures to make sure that the project workers abide with the Worker’s Ethical Codes of Conduct. In addition, that, there will be a grievance management system to deal with all project relatedgrievances. Concern 3: The construction contractor should give the priority of employment to the people hailing from the within the project site during the construction. The communities should be involved in some activities as labourers during construction phase. Response 3: Employment opportunities will only be provided to those people aged 18 years and above. However, employment is competitive so youth should organize themselves with the assistance from ward authority to penetrate in labor market. Concern 4: There will be the environmental degradation to allow the upgrading of the road such as destruction of trees that are within the project way leave. Special attention should be paid to replace them. Response 4: The environment will be restored as per requirement of EIA Guidelines and Regulations of 2005. During construction trees shall only be uprooted when it is necessary in which case the contractor shall seek permission to do so from the TANROADS. 46 Mtwara-Mingoyo-Masasi Road Rehabilitation Project – Livelihoods Restoration Plan Concern 5: There will be spread of HIV/AIDS and other sexually transmitted infections if thorough measures are not taken by households, ward and Municipal in waging a campaign against spread /prevalence of HIV. Response 5: The constriction contractor shall implement an HIV/AIDS program and will conduct relevant awareness seminars and campaigns through ward committees for health on HIV/AIDS during construction phase. Concern 6: PAPs should be educated on the usage of compensation money otherwise people will squander them and fail to build another house. Response 6: On proper spending of compensation money, the municipal council will arrange seminars and meetings with PAPs to provide guidance and arrange follow-up mechanism to all PAPs to make sure every sent is spent as planned. 7.3. 2023 Engagement TANROADS hosted additional open meetings with vendors in 24-24 May 2023 to update vendors to provide a general update on the progress of the Sub-project, as well as the fieldwork requirements being undertaken as part of the LRP. This included meetings noted in Table 7-1 below. Table 7-1: Summary of Meetings (May 2023) Meeting Name Date Location No. of Attendees Vendor Meeting 25 May 2023 Nanganga A & Nanganga B Wards 41 Vendor Meeting 23 May 2023 Mpapura Wards 45 Vendor Meeting 24 May 2023 Masasi Ward 152 Vendor Meeting 24 May 2023 Nyangao and Lindi Ward 68 Updating business owner information within road reserve areas. This involved conducting a market survey questionnaire for all business owners who attended the meetings. Additionally, Focus Group Discussions (FGDs) were held with both male and female groups of business owners to gain a deeper understanding of their livelihoods. During these discussions, the topic of relocation was frequently raised, including potential relocation areas if they are required to move out of the road reserve. Minutes of these minutes are present in Annexure E. 7.4. Vendor Interviews The support the development of this LRP, a series of interviews/focus group discussion was undertaken in June of 2023 with affected vendors and custodians of graves, as summarized in Table 6-1. Detailed notes of each interview are presented in Annexure A, and a summary is presented in Box 6-2 overleaf. 47 Mtwara-Mingoyo-Masasi Road Rehabilitation Project – Livelihoods Restoration Plan Table 7-2: Summary of Interviews Undertaken in the Preparation of this LRP. No. Interview / Focus Group Discussion Groups 1 Kiwalala Village – Male Street Vendors 2 Kiwalala Village – Female Street Vendors 3 Masasi Town – Male Street Vendors 4 Masasi Town – Female Street Vendors 5 Nanganga Village – Male Street Vendors 6 Nanganga Village – Female Street Vendors 7 Ndanda Village – Male Street Vendors 8 Ndanda Village – Female Street Vendors 9 Nyangao Village – Male Street Vendors 10 Nyangao Village – Female Street Vendors 11 Mpapura Village – Grave Custodians 12 Mitengo Village – Grave Custodians To ensure the privacy of attendees to the focus group discussion, no register or photos were taken consistent with the fieldwork plan. On average, there were 6 to 8 attendees at each of the focus group discussions, resulting in 84 total individuals that were interviewed. A question guide and summary responses for each interview is presented in Annexure A. To ensure that affected persons could discuss their concerns under the condition of anonymity and privacy, no formal register, photo log or minutes were taken. Box 7-2: Summary of Key Findings from the June 2023 Interview Program Street vendors have good awareness of the proposed rehabilitation works and the need for the relocation of street-side businesses as TANROADS has provided information, however, there has beenlittle formal feedback since 2021/2022. There have been mixed responses by the street vendors to the above. Some vendors have continuedto engage in their business on the understanding that they may move in the future, while other claimed that some traders have already relocated or have explored alternative livelihoods such as farming. Some street vendors claimed to have ceased improving their businesses since they know it would need to relocate at an unspecified time in the future. As a result, they claim that there is little value addition to their products, and others have reduced their investment. No vendors made claim to own the land, and there is clear understanding that the land belongs to TANROADS. Ownership claims made by vendors related to the location and business structure, which is important for ensuring access to their customer base in local ward/town/village centers. All street vendors confirmed that there has been no feedback on the type of compensation or relocation support to be provided by TANROADS or the World Bank, and they would like good feedbackto understand what support they will receive. Interviews suggested that there are several types of businesses including – tax registered businessesat fixed brick structures, registered businesses at semi-mobile stalls, and true petty traders that use tables, groundsheet or move at bus-stops to sell their goods. 48 Mtwara-Mingoyo-Masasi Road Rehabilitation Project – Livelihoods Restoration Plan 7. All street vendors would like to see additional engagement in the future to better understand the support they will receive, as currently few have any specific plans if they are requested to relocate toa new location. 8. Awareness of the Project Grievance Mechanism is generally well known, but this varies in location, while men seem to be more aware of the mechanism when compared to women. None have lodgeda grievance as there has been no implementation of the relocation process. 9. With respect to any future relocation, finding a new location near their current location is importantas their customer base is linked to existing market spaces in local town centers, and moving away from these central market spaces will likely undermine their client base. 10. Most vendors requested that new markets spaces are established, as they do not support being relocated to areas outside of the town/village/ward centers. Interviewees suggest potential new market sites which is presented in this LRP. 11. Vendors also requested moving and labor support, as we as additional support through financial aid or grants to allow them to develop their businesses further. There were also common requests for investment in local schools and clinics to be used by vendors and their customer base. 12. Women owned businesses are common, as well as women as tenants, which run similar businesses to men, and there are also vendors with disabilities (including persons with epilepsy) and well as elderly traders. 13. Most grave custodians are supportive in relocating their graves; however, they have no experience on how this should be done and will be relying on the Government and TANROADS to provide guidance. 14. There are also concerns that graves may be missed as the precise number is not known, and many graves have been established over the last 50 years. 49 Mtwara-Mingoyo-Masasi Road Rehabilitation Project – Livelihoods Restoration Plan 7.5. LRP Disclosure Affected persons have requested an update on the rehabilitation works, as well as clarity on the relocation support to be provided by TANROADS. This clarity is important as most vendors have been aware of the potential relocation since 2021, however they have not made any specific plans to date. A major round of formal engagement will be undertaken to disclose this LRP, as well as provide feedback on the latest development on the rehabilitation works and the relocation requirements. The engagement will occur once the LRP has been authorized by TANROADs and the World Bank and can be made public. This is anticipated to occur in the last quarter (October to December) of 2023. This engagement is expected will include authority and affected person’s meetings as listed in Table6-2 below. Table 7-3: Proposed Stakeholder Engagement Meetings No. Stakeholder Meetings 1 Lindi Municipal Council 2 Lindi Rural District Council 3 Mtwara Municipal Council 4 Mtwara Rural District Council 5 Masasi Township Authority 6 Masasi District Council 7 Street Vendors – Mpapura Ward (Male Vendors) 8 Street Vendors – Mpapura Ward (Female Vendors) 9 Street Vendors – Kiwalala Ward (Male Vendors) 10 Street Vendors – Kiwalala Ward (Female Vendors) 11 Street Vendors – Nyangao Ward (Male Vendors) 12 Street Vendors – Nyangao Ward (Female Vendors) 13 Street Vendors – Nanganga Ward (Male Vendors) 14 Street Vendors – Nanganga Ward (Female Vendors) 15 Street Vendors – Ndanda Ward (Male Vendors) 16 Street Vendors – Ndanda Ward (Female Vendors) 17 Street Vendors – Masasi Ward (Male Vendors) 18 Street Vendors – Masasi Ward (Female Vendors) * Given the focus on resettlement, engagement will be limited to affected Mobile Stall Owners through multiple small-group meetings at multiple locations. No broad community engagement is proposed. TANROADS, through its regional office, will provide prior notice to the District Councils, Ward Councilors and Village Leadership through formal invites and calls. Affected street vendors and grave custodians will be informed of the proposed meetings through the existing communications channels already set-up with TANROADS and the local chiefs. To support the public meetings, a Background Information Document (BID) will be prepared which will provide simple and concise summary of the LRP provisions, as well as details on how the grievance mechanism can be accessed. The BID will be in Swahili and cognizant of local literacy levels. The BID will be printed in hard copy and distributed to affected persons during the meetings. 50 Mtwara-Mingoyo-Masasi Road Rehabilitation Project – Livelihoods Restoration Plan 7.6. Implementation Phase Engagement TANROADS will support on-going stakeholder engagement throughout the implementation of any relocation support provided in this LRP. This includes undertaking the specific types of engagement below as well as provisions made the TanTIP SEP of 2022 7.6.1. Formal Notice of Intent to Commence Relocation TANROADS, through the appointment of the Resettlement Expert, Stakeholder Engagement Manager and Community Liaison Officers, will provide formal written notice to affected persons of their intent to commence the rehabilitation works, and to provide relocation support. This notice will be provided in advance of the vendors being required to surrender their locations. This notice will be accompanied by meetings with all affected persons to clarify the relocation support to the provided, as well as present the individual Relocation Agreements to each of the affected persons prior to the commencement of one-on-one negotiations. 7.6.2. Ongoing Public Meetings and One-on-One Discussions TANROADS, through the appointment of the Resettlement Expert, Stakeholder Engagement Manager and Community Liaison Officers, will support ongoing and regular stakeholderengagement through public meetings or one-on-one discussions. No set schedule is proposed, and such engagement will be undertaken on a need’s basis, when there are elevated community conflict/grievances, or at the discretion of the Stakeholder Engagement Manager. 6.5.1. One-On-One Negotiations TANROADS, through the Resettlement Expert and CLOs, shall conduct one-on-one negotiations with the affected persons to finalize and sign the Relocation Agreements. During the negotiations, TANROADS will support on-going and direct talks with individual persons, provide any additional information and respond to any queries. TANROADS will pay special attention to and ensure inclusion pertaining to the special needs and interests of vulnerable persons in relation to these negotiationsand related information disclosure. TanRoads will allow proxies, legal representatives, or family members to be witness to the negotiations where specifically requested by the individual affected persons. Witness by local authorities will only be permitted where allowed by the affected persons. In all cases, negotiationswill be private and all private information will be protected by TANROADS. 7.6.3. Stakeholder Engagement Manager & Community Liaison Officers TANROADS will appoint a Stakeholder Engagement Manger to oversee all engagement and negotiations. The manager will be supported by Community Liaison Offices (CLOs) from the affected wards, who will support direct engagement with the local leadership and individual affected persons at their respective wards. 51 Mtwara-Mingoyo-Masasi Road Rehabilitation Project – Livelihoods Restoration Plan 7.6.4. Lines of Communication TANROADS will maintain a permanent line of communication with affected persons, so they are able to directly approach TANROADS for further discussions. Given the different levels of digital access of affected persons, the lines of communication will include: 1. Focal Person: TANROADS will establish a contact person (the Stakeholder Engagement Manager) with a dedicated telephone number, while affected persons can also approach the TANROADS Regional Offices. The contact details will be made available on all documentation and presented during all stakeholder engagement meetings. 2. CLOs: Affected persons will be permitted to directly approach the Community Liaison Officers to raise any queries or concerns. The Community Liaison Officers will report this to project management for discussion prior to providing feedback directly to the PAPs. 3. Representative Authorities: Affected persons will be permitted to directly approach their local authorities to raise any queries or concerns related to the relocation process. TANROADS have already established measures where affected persons may approach the village chiefs or local authorities to lodge a grievance or raise a particular concern, which is then forwarded to the TANROADS. TANROADS will retain written records of all comments, objections or agreements received, and attempt to resolve any issues in a reasonable period. Should any communication be considered a formal grievance, then it will be registered under the Grievance Redress Mechanism (See Section 6.6 below). 7.7. Including Vulnerable People and Women in Engagement Vulnerable persons are often unable to make their voices heard during the engagement. This may be attributed to their marginalized status, or because of their isolation/ exclusion from existing social structures and networks. The Project will ensure that vulnerable people (notably women) areoffered the opportunity to engage and participate in the resettlement process. This requiresproviding targeted and thoughtful support including: 1. Engagement with vulnerable people and women should be undertaken using existing community committees or forums, where this is viable. 2. Ensure fair representation of vulnerable people and women in any committees or panels established as part of the land acquisition and resettlement process. 3. Ensure engagement with vulnerable groups and women is undertaken by experienced staff, and the Expropriating Authority should retain female staff with experience in working with women. 4. If there are minority language groups present among Affected Persons, ensuring that the resettlement planning, and implementation teams include persons who can speak these languages. 5. During disclosure of socio-economic data collected during surveys, ensuring that potentially sensitive data (e.g., the identity of households belonging to minority groups) is redacted. 6. Including, as a standard agenda item in all resettlement-related consultation and meetings, a discussion on any specific measures that may be required to address the needs of vulnerable 52 Mtwara-Mingoyo-Masasi Road Rehabilitation Project – Livelihoods Restoration Plan groups and women. 7. Separate consultation (in the form of individual meetings and/or focus group discussions) with vulnerable persons or groups, or with representatives of vulnerable groups (e.g., local community-based organizations or NGOs working with vulnerable. 8. Ensure that a functional grievance mechanism is established and there are additional structures to support vulnerable people women in accessing and lodging grievances. At all times, such engagement will be undertaken in such a manner that is culturally appropriate and sensitive to the needs and situation of vulnerable people. No form of engagement or communications will be permitted that highlights or isolates individuals that may be defined as vulnerable (particularly those vulnerable to prosecution or any form). The privacy and safety of vulnerable people will be strictly protected. 7.8. Grievance Mechanism A Grievance Mechanism will be established by TANROADS that will allow affected persons to lodge a grievance or concern that is directly related to any aspect of the land acquisition and resettlement process. The mechanism is a required by the TanTIP Resettlement Policy Framework, and the WorldBank ESS5. TANROADS may utilize the existing Project-wide Grievance Mechanism as specified under the separate TanTIP Stakeholder Engagement Plan. However, the overarching mechanism will be customized and localized so it can be applied directly to any site-specific resettlement issues, as detailed below. 7.8.1. Step 1: Raising Awareness of the Grievance Mechanism Given the protracted nature of the resettlement planning, there is likely to be different levels of awareness of the Grievance Mechanism between affected persons and communities. TANROADS will therefore increase it efforts in building awareness of the mechanism in future stakeholder engagement. Awareness building will commence with the disclosure of this LRP, which will include the provision of a written Background Information Document with information on the Grievance Mechanism, as well as lines of communication (phone number, access through chiefs etc.) that can be accessed by affected persons. This will include a verbal explanation of the Grievance Mechanism during the LRP disclosure community meetings. Ongoing awareness building will be undertaken by TANROADS throughout the implementation phase, and will include public disclosure of the Grievance Mechanism during the following stages: 1. Notice of Intent to Acquire Land: When TANROADS provides formal written notice of their intent to acquire any land and provide compensation, any notice will include details of the Grievance Mechanism and how it may be accessed. 2. Negotiation of Compensation Agreements: TANROADS will allow affected persons to review their Compensation Agreements. TANROADS will explain to affected persons that any errors, 53 Mtwara-Mingoyo-Masasi Road Rehabilitation Project – Livelihoods Restoration Plan omissions, or grievance related to these documents can be lodged through the Grievance Mechanism. 3. Payment of Compensation and In-Kind Replacement Assets: TANROADS will raise awareness of the Grievance Mechanism during any community meetings or one-on-one engagement with affected persons throughout the payment of compensation or the provision of in-kind replacement assets. 4. Stakeholder Engagement Meetings or Regular Communication: TANROADS will raise awareness of the Grievance Mechanism during any community meetings or one-on-one engagement with affected persons at any other stage of the implementation of the resettlement process. Wherever possible, awareness will be built up through verbal communication (public meetings) as well as written communication (background information document, letters, or notices). Any communication must be undertaken in any applicable local languages and will be sensitive to local levels of education and customs. 7.8.2. Step 2: Lodging a Grievance The Grievance Mechanism will be made available, at no cost, to affected persons in an easily accessible manner through multiple lines of communication. TANROADS will ensure that the communication channels are fully functional prior to any notice of TANROADS intent to acquire the land. The line of communication will include: 1. Telephone and Email Hotline: TANROADS will establish a dedicated phone number and email which affected persons may contact to lodge a grievance directly with TANROADS. This number and email will be active throughout the resettlement process. 2. Lodging a Grievance with TANROADS Regional Offices: TANROADS will allow affectedpersons to lodge a grievance at their regional offices. This may be done in person, or via the telephone and email hotline above. The regional offices will maintain a written record of any lodged grievances. 3. Lodging a Grievance with Community Liaison Officers: Affected Persons will be able to lodge a grievance with the Project Community Liaison Officers, either verbally or in writing. The officers will maintain a written record of any lodged grievances. 4. Lodging a Grievance with Village Leadership or Ward Councilors: Affected Persons will be able to lodge a grievance with the relevant village leadership or ward councilors, who will then communicate the grievance to TANROADS directly. TANROADS will ensure that it has functional lines of communication with local village leaders to ensure no grievances are lost. 5. Lodging a Grievance with the Grievance Committees: Affected Persons will be able to lodge a grievance in person or in writing to the relevant Grievance Committee. TANROADS will ensure that it has functional lines of communication with these committees to ensure no grievances are lost. In all cases, the grievance will be communicated to the Resettlement Expert, and the specific details of the grievance will be written in a Grievance Register / Logbook maintained by TANROADS throughout the resettlement process. 54 Mtwara-Mingoyo-Masasi Road Rehabilitation Project – Livelihoods Restoration Plan 7.8.3. Step 3: Investigating and Deciding on a Grievance The Resettlement Expert will review the specific grievance and determine the most appropriate body to resolve the grievance. Depending on the nature and seriousness of the grievance, the investigation and resolution of the grievance can be done at the following levels: 1. Level 1 – Project / TANROADS: If the grievance is deemed to be or minor significance or a purely administrative issue, then TANROADS may investigate and resolve the grievance directly. Where needed, the investigation may include both the affected persons as well as the local authorities. 2. Level 2 – District Grievance Redress Committees5: The District Grievance Redress Committees will investigate grievances that are deemed to be of moderate to major significance or cannot be resolved by TANROADS. 3. Level 3 – The Courts: Where a grievance cannot be resolved by both TANROADS and the District Grievance Redress Committees, affected persons can seek redress through the Courts of Tanzania. TANROADS will provide the required resources (including staffing and funds) to allow for the proper investigation of any grievance, including covering any administrative costs incurred by local authorities that form part of the District Grievance Redress Committees. Irrespective of the level, the administration, reporting, and feedback on decisions related to any specific grievance will be the responsibility of the Resettlement Expert. The manager will retain are all records, data, findings as other relevant information as part of the Grievance Register / Logbook that will be maintained by TANROADS throughout the resettlement process. 7.8.4. Step 4: Feedback and Resolution of a Grievance The Resettlement Expert will provide direct feedback to the affected person on behalf of TANROADS or the District Grievance Redress Committees. This will include reporting on the findings of any investigation and the decision concerning the grievance. This may include: 1. Rejection of Grievance: Written feedback will be provided on the rejection of any grievance and the reasons for why the grievance has been rejected. The feedback will include the options to escalate the grievance to the District Grievance Redress Committees or the Courts if the resolution is not to the satisfaction of the affected person. 2. Accept the Grievance: Where the grievance is found to be genuine, the Resettlement Expert will provide feedback to the affected person on what actions will be taken, by whom and by when to resolve the grievance. 5 The TanTIP Resettlement Policy Framework recommends a grievance committee be established at the ward and districts level. However, this will require the formation of a two-tier system with three districts, and fifteen wards which will result in a very complex administrative organization. This RAP therefore recommends that only District level committees are established with suitable representation of local communities and ward-level authorities. 55 Mtwara-Mingoyo-Masasi Road Rehabilitation Project – Livelihoods Restoration Plan In both instances, the Resettlement Expert must and obtain written sign-off from the affected person that the grievance has been resolved to their satisfaction. This signed resolution will be in writing, and form part of the Grievance Register / Logbook that will be maintained by TANROADS throughout the resettlement process. 7.8.5. Membership and Mandate of the Grievance Committee TANROADS will establish separate District Grievance Redress Committees. The mandate of the Committees will be to act as independent advisory body that may investigate and recommend remedial actions on specific resettlement and compensation grievances. The recommendations willbe forwarded to any authority with legal or final decision-making powers to act upon. The District Grievance Redress Committees will be comprised of representatives of the following organizations or groups: 1. District Commissioners Office (Chairperson), 2. TanRoads Regional Office, 3. District Land and Chief Valuers Office, 4. District Community Development Officer, 5. Ward Councilors (within which the project is located) 6. Village Council (within which the project is located) 7. Male and female representatives selected by affected persons. 56 Mtwara-Mingoyo-Masasi Road Rehabilitation Project – Livelihoods Restoration Plan Figure 7-1: Typical Steps in Grievance Registration, Resolution and Sign-Off TANROADS will function as the secretariat of the District Grievance Redress Committees. This will include provision of suitable meeting venues, transport, per diem, and other costs as reasonably required by members of the committee. In addition, TANROADS through the Resettlement Expert will maintain all records or grievances through a Grievance Register / Logbook on behalf of the District Grievance Redress Committees. 57 Mtwara-Mingoyo-Masasi Road Rehabilitation Project – Livelihoods Restoration Plan 8. IMPLEMENTING ARRANGEMENTS 8.1. Institutional Framework This section presents the institutional framework required to implement the provisions of this LRP. 8.1.1. Ministry of Works and Transport The Ministry of Works and Transport, through the relevant Road Boards, retains all legal rights to the existing road reserve, and is granted full powers to acquire land in the establishment of new roads, as well as enforce any rights to any existing road reserves. All responsibilities for compensation and relocation support are however deferred to TANROADS. 8.1.2. Tanzanian National Roads Agency TANROADS is the implementing authority and will assume overall responsibility for implementing the provisions of this LRP. While certain responsibilities may be deferred to their regional offices, TANROADS will retain ultimate responsibility for ensuring that the LRP provisions are met. The roles and responsibilities assigned to TANROADS include: 1. Providing sufficient competent staff, resettlement specialists and resources. 2. Maintaining an up-to-date register of eligible street vendors. 3. Maintaining an up-to-date register of impact assets and unexhausted improvements. 4. Providing advance notice prior to any relocation. 5. Managing all administrative requirements related to payment of any compensation. 6. Undertaking ongoing authority and stakeholder engagement. 7. Managing (as the secretariat) all Grievance Redress Committees. 8. Implementing the livelihoods restoration options presented in this LRP. 9. Undertaking regular internal monitoring. 10. Appointing an independent resettlement specialist to undertake a Closure Audit. Where these responsibilities are deferred to the Regional Offices (Mtwara and Lindi Regions), TANROADS will ensure that the offices are provided sufficient resources, including both experienced personnel, consultants, and funding to administer the above duties. The personnel should include: 1. Resettlement Expert/Social Safeguards Specialist: An experienced Tanzanian national will be appointed on a short-term contract to manage the implementation of the LRP on behalf of TANROADS. The manager will be based in the TANROADS regional office for the expected duration of 9 months. 2. Community Liaison Officers: TANROADS will appoint Community Liaison Officers, which will be selected from within the affected wards, who will support direct engagement with the local leadership and individual affected persons at their respective wards. It is anticipated that this will include 7 officers which should include an equal representation of males and females. 58 Mtwara-Mingoyo-Masasi Road Rehabilitation Project – Livelihoods Restoration Plan 8.1.3. District and Municipal Councils TANROADS will request assistance from the relevant District Councils (including the Masasi, Mtwara and Lindi Rural Districts, as well as Mtwara and Lindi Municipal Councils) to coordinate resettlement activities. The types of assistance required from the councils include: 1. Supporting TANROADS in any form of stakeholder engagement and official notices. 2. Addressing grievances through the Grievance Redress Committee. 3. Supporting street vendors to secure alternative markets spaces. 4. Support the development of new markets spaces through the allocation of public land. 5. Supporting vulnerable people and women through their Social Welfare offices. An important function of the councils will be to collaborate with TANROADS and affected vendors to ensure that they can continue to run their businesses after relocation. This is to ensure that the road works does not lead to an increase in poverty, while promoting measures that lead to improved business conditions. 8.1.4. Ward & Village Councils The Ward and Village Councils are the most local administrative structures and are the closest to the affected streets vendors. These structures will therefore play a critical coordination role between TANROADS and affected persons. Their responsibilities will include: 1. Supporting TANROADS in validating eligible street vendors. 2. Supporting TANROADS during stakeholder engagement meetings. 3. Supporting TANROADS with respect to any formal notices. 4. Witness the signing of any agreements between TANROADS and affected vendors. 5. Receiving grievances and forwarding them to the Grievance Redress Committees. 6. Coordinating with TANROADS and District Authorities on livelihoods restoration measures. 7. Monitoring for any disproportionate impacts on vulnerable people and women. 8.2. Implementation Steps and Schedule TANROADS will manage all implementation requirements, in collaboration with the local authorities and affected street vendors. The expected implementation steps are listed below, and summarized in the schedule (See Section 7.3): 1. Formal Notice of Relocation: Once the LRP has been finalized and TANROADS has received internal approval and funds to commence the relocation, TANROADS will provide a formal notice to all street vendors of their intent to commence the relocation process. This will be done through community meetings and written notices. 2. Validation of Vendor Register: TANROADS will validate the street vendor register to ensure that the data is fully up-to-date and correct. Any grievances will be directed to the relevant Grievance Redress Committee which must be fully functional at this stage. 3. Validation of Grave Register and Chance Finds Procedure: Given the uncertain nature of the grave inventory around the mosques, TANROADS will appoint a heritage 59 Mtwara-Mingoyo-Masasi Road Rehabilitation Project – Livelihoods Restoration Plan specialist/undertaken to investigate the grounds around the mosque. This will be done through the Sub-Project Chance Finds Procedure, and any found graves will be relocated consistent with the provisions of this LRP and the Chance Finds Procedure. 4. Prepare and Sign Relocation Agreements: The validated street vendor register will be used to prepare the Relocation Agreements, which will be delivered by hand to each vendor for review and signature. 5. Open Bank Accounts (if needed): TANROADS will provide support to any vendor in opening bank accounts, or where more appropriate, money transfer accounts so they can receive documented payments. 6. Pay Compensation: TANROADS will make payment and retain an auditable record of such payments. No payment in cash will be permitted and only electronic payments through bank accounts or money transfers will be adopted by TANROADS. 7. Relocation/Transitional Period and Site Handover: Vendors will be provided sufficient time to remove their assets and relocate to an alternative site. At the end of the transitional period, all land and remaining assets will be surrendered to TANROADS, and thereafter to the construction contractor may commence any required rehabilitation works. 8. Development of Market Spaces: TANROADS will enter into negotiations with local authorities in terms of developing new or existing market spaces. TANROADS will provide the funds and resources for the planning, approval, and construction of any market spaces. 9. Allocation of Market Spaces: TANROADS in conjunction with the local authorities will provide preferential allocation of new market spaces to affected Street Vendors. 10. Financial Literacy Training: TANROADS will appoint a third-party (government program, NGOs, or private firm) to provide financial literacy training which will occur in parallel with the signing of the Relocation Agreements and the payment of any cash allowances. 11. Ongoing Stakeholder Consultation: TANROADS will supporting ongoing engagement and communication with affected persons throughout the implementation of this LRP. This will include one-on-one negotiations through the Social Safeguard Specialist (and CLOs). 12. Ongoing Grievance Redress: The Grievance Redress Committees will be immediately formed once the formal notice of relocation is issued to affected vendors. The committees will remain functional throughthe implementation of this LRP. 13. Monthly Internal Monitoring: TANROADS will undertake monthly progress monitoring and reporting and provide regular feedback to senior management as well as to the World Bank for review or further action where needed. 14. Closure Audit: Once all compensation payments have been made, and livelihood restoration measures are complete, TANROADS will appoint an independent consultant/resettlement specialist to prepare a Closure Audit. The schedule of the above steps is presented in Error! Reference source not found. below. 60 Mtwara-Mingoyo-Masasi Road Rehabilitation Project – Livelihoods Restoration Plan Table 8-1: Implementation Schedule Month No. Activity 1 2 3 4 5 6 7 1 Milestone 1: Formal Notice of Relocation 2 Validation of Vendor Register 3 Prepare & Sign Relocation Agreements 4 Open Bank Accounts (if needed) 5 Pay Compensation 6 Relocation/Transitional Period 7 Milestone 2: Site Handover 8 Development of Market Spaces 9 Milestone 3: Allocation of Market Spaces 10 Financial Management Training 11 Ongoing Stakeholder Consultation 12 Ongoing Grievance Redress 13 Monthly Internal Monitoring 14 Milestone 4: LRP Closure Audit 8.3. Budget An estimate of the likely compensation and relocation support, as well as livelihoods restoration costs is presented in Table 8-2 below. Once the register has been prepared and the types of losses and displacement is better known, this cost estimate will be updated. 8.4. Monitoring and Evaluation TANROADS, through the Social Safeguards Specialist, will undertake regular internal monitoring of the implementation of this LRP. Monitoring will commence at the dissemination of the formal notices to the street vendors and grave custodians and until the relocation and livelihoods restoration process is concluded. The monitoring parameters are presented in Table 7-1 overleaf. In addition, TANROADS will appoint an independent Resettlement Specialist to undertake a Closure Audit once the relocation and livelihoods restoration process is deemed to be complete. The Completion Audit will assess whether all relocation requirements established in this LRP, have been met, and efforts to restore the living standards of the affected population have been properly designed and executed. The Completion Audit will only take place after all LRP activities have been completed including livelihoods restoration, but before the financial commitments to the Project have been completed. This provides flexibility to undertake any corrective actions to resolve outstanding issues that the completion audit may have identified. The requirement for doing a full re-survey of affected persons (to compare ‘before and after’) during the Completion Audit will be assessed nearer the time and will depend on the findings of the periodic Compliance Reviews. The focus of the Completion Audit will be on livelihood restoration impact indicators. 61 Mtwara-Mingoyo-Masasi Road Rehabilitation Project – Livelihoods Restoration Plan Table 8-2: Compensation and Relocation Support Cost Estimate No Description Cost / Unit (Tsh) No of Units Unit Description Total Cost (Tsh) Total Cost (USD) 1 Compensation 1.1 Loss of Profit Allowance 1 281 000 1 312 Street Vendors 1 680 672 000 671 195 1.2 Transport Allowance 150 000 1 312 Street Vendors 196 800 000 78 594 1 1.3 Loss of Mosque 5 000 000 1 Mosque 5 000 000 1 997 1.5 Vulnerability Allowance 345 734 446 Estimated Street Vendors 154 224 800 61 591 1.9 Disruption Allowance - 7 Percent of Compensation 142 568 776 56 936 TOTAL 2 179 265 576 870 314 CONTINGENCY (10%) 217 926 558 87 031 GRAND TOTAL 2 397 192 133 957 345 Exclusion and * Exclusions orLimitations Limitations 1. The cost No costing for theestimate does rebuilding not include / relocation costs related of structure to the compensation is provided of register for as there is no any affected fixed buildings/structures. of affected structures 2. The cost estimate does not include costs related to the relocation of graves as it is assumed 1: As the Mosque is derelict, compensation will in cash to supplement existing donations. Compensation this will be covered calculated under the Chance at Tsh 200,000/m2 over 25 Finds metre Procedure. floorspace 3. The cost estimate does not include office space, equipment, site transport and other consumables as it is assumed it will be covered by TANROADS. 2: Assume this will be undertaken by the CLOs with training from service provider (i.e. train the trainers) 4. The cost estimate may undergo revision once the vendors registration is concluded. 62 Mtwara-Mingoyo-Masasi Road Rehabilitation Project – Livelihoods Restoration Plan Table 8-3: Monitoring Parameters Category Monitoring Parameter Interval 1. Actual versus predicted RAP implementation schedule. Program 2. Actual versus predicted relocation of affected persons Monthly Management 3. Actual versus budgeted cost expenditure. 1. Number of signed offer letters / compensation contracts. 2. Number of co-signed (landowner and spouse) contracts. Compensation 3. Actual versus predicted payment of compensation. Monthly Management 4. Completeness of transaction records. 5. Number of affected persons confirming receipt of payment. 1. Number of signed offer letters / compensation contracts. 2. Number of co-signed (landowner and spouse) contracts. 3. Number of affected persons requesting replacement land. In-Kind 4. Number of allocated replacement land parcels (where required). Replacement Monthly 5. Number of affected persons requested replacement housing. Management 6. Number of affected persons allocated replacement housing. 7. Number of vulnerable households requesting replacement assets. 8. Number of female-headed households requesting replacement assets. 1. Actual versus predicted community meetings. 2. Actual versus predicted meetings with female / women’s groups. Stakeholder 3. Actual versus predicted grievance committee meetings. Monthly Engagement 4. Number of one-on-one meetings with affected persons. 5. Number of one-on-one meetings with affected authorities. 6. Completeness of engagement records (minutes, register etc.) 1. Number of lodged grievances. 2. Number of grievances that are under investigation. 3. Number of decisions pending versus decision made. Grievance 4. Number of corrective actions being implemented. Monthly Management 5. Number of grievances that have been resolved/close off. 6. Number of grievances lodged by females. 7. Number of grievances lodged regarding GBV/SEA incidents. 1. Number of affected persons that are identified as vulnerable/female headed. Vulnerable 2. Number of vulnerable persons that are being directly supported. Monthly Groups 3. Number of female-headed households being directly supported. 4. Type of support given to vulnerable persons/ female-headed households Livelihood 1. Livelihood restoration and development programmes initiated. Monthly Restoration 2. Number of beneficiaries per program, disaggregated by gender. 1. Records of new claimants Other Monthly 2. Record of any accelerated encroachment of new activities. 1. Changes in affected persons living standards and income streams. 2. Changes in household demographic and family structure. Socio-Economic 3. Changes in household land and asset holdings. Closure Impacts 4. Changes in household income and wealth over time. Audit 5. Changes in household perception and attitudes over time. 6. Above data will be disaggregated according to gender 63 Mtwara-Mingoyo-Masasi Road Rehabilitation Project – Livelihoods Restoration Plan 9. CONCLUSION The Government of the United Republic of Tanzania represented by the Ministry of Finance and Planning has secured credit from the World Bank (WB) for implementation of Tanzania Transport Integration Project (TanTIP). The project is being implemented through the Tanzania National Road Agency (TANROADS). A portion of the TanTIP proceeds has been allocated to the rehabilitation and improvement of the Mtwara-Mingoyo-Masasi Road. To ensure unimpeded access to the existing road reserve, TANROADs will need to relocate up to an estimated 1312 street-side vendors and 1 mosque from the road reserve, while 11 historical graves will need to be relocated through the separate Chance Finds Procedures. The rehabilitation works is not anticipated to results in the compulsory acquisition of land or resettlement of any persons from their homes. Relocation planning commenced as early as 2017, which culminated in Abbreviated Resettlement Action Plan (ARAP) in June of 2021 covering only 58 vendors, 1 mosque and 11 graves. The ARAP has been updated and upgraded through this LRP. Consistent with the TanTIP Resettlement Policy Framework, Tanzanian Law and the World Bank Environmental and Social Standard 5, this LRP defines who is eligible for compensation and the type of entitlements (in the form of cash compensation or relocation support) to be provided to eligible persons depending on the nature of their losses and displacement. This is defined in the Eligibility and Entitlement Framework contained in the LRP. While compensation will be in the form of cash allowances (to support the relocation of mobile stalls and the loss of profit during the move), this LRP also established several non-cash-based requirements that will be adopted by TANROADS. This includes (1) exploring the development of new markets spaces which can benefit affected street vendors, (2) additional measures to support women and vulnerable vendors, (3) supporting ongoing engagement, and (4) ensuring a grievance mechanism is implemented. TANROADS has supported engagement as early as 2017, with the last major round of engagement occurring in May of 2021 in support of the preparation of the ARAP and in May 2023 in support of this LRP. TANROADS will formally disclosure this LRP and feedback to affected persons on the type of relocation support that will be offered. Thereafter ongoing stakeholder engagement will be support during the implementation phase through the appointment of a Stakeholder Engagement Manager and Community Liaison Officers. With respect to implementation, TANROADS is the implementing authority and will assume overall responsibility for implementing the provisions of this LRP. Where these responsibilities are deferred to the TANROADS Regional Offices (Mtwara and Lindi Regions), TANROADS will ensure that the regionaloffices are provided sufficient additional resources. The personnel that will be appointed include a Social Safeguards Specialist and multiple Community Liaison Officers. 64