Resettlement is involuntary when it occurs without the informed consent of the displaced persons or if they give their consent without having the power to refuse resettlement. This presentation gives an overview on how resettlement can be executed in Tanzania by following World Bank Operational Policy 4.12 and Tanzania legal framework.

1. Resettlement Management Framework
www.tansheq.com info@tansheq.com

2. 2/26
Resettlement is involuntary when it occurs without
the informed consent of the displaced persons or if
they give their consent without having the power to
refuse resettlement.
Involuntary Resettlement

3. Involuntary Resettlement (2)
Resettlement is prepared in accordance with the
Government of Tanzania (institution/project)
Resettlement Policy Framework and the
World Bank’s Involuntary Resettlement Policy
OP/BP 4.12
The World Bank policy applies to all components
of the project that result in involuntary
resettlement, regardless of the source of
financing.
3/26

4. Objectives of Resettlement
Aims of resettlement are:
Design and implement resettlement as a sustainable
development program;
Consult displaced persons meaningfully and provide
them opportunities to participate in planning and
implementing resettlement plans; and
Assist displaced persons in their efforts to improve
their livelihoods and standards of living or at least to
restore them, in real terms, to pre-displacement levels.
4/26

5. Impacts Covered by Resettlement Management
Framework
Relocation of loss of shelter;
Loss of assets or access to assets;
Loss on income sources of means of livelihood (whether or
not the affected persons must move to another location);
and
Involuntary restriction of access to legally designated
parks and protected areas resulting in adverse impacts on
the livelihoods of the displaced persons
5/26

6. Examples of impacts covered and those not covered
by Resettlement Management Framework
6/26
Covered Not Covered
Loss of farmland inundated by
Bank-financed dam
Business losses caused by rerouting of road
Loss of dwelling due to Bank-
financed drainage canal
Loss of job due to Bank-financed privatization
project
Loss of access to natural resources Devaluation of property due to Bank-financed
solid waste dump nearby

7. Best Practice for Requirements of Resettlement
Consultations and information (to inform project affected
persons about):
Project-related developments; and
their options and rights pertaining to resettlement
Provided technically and economically feasible
resettlement alternatives, and consult people on offered
choices
Provide assistance during relocation
To provide prompt and effective compensation at full
replacement cost for losses of assets attributable directly
to the project
7/26

8. Best Practice for Requirements of Resettlement
(cont.)
To provide with residential houses, or housing sites, social
services and/or agricultural sites, as required, at least to
the advantages of the old site
Offered support after displacement, for a transition period,
based on a reasonable estimate of the time likely to be
needed to restore their livelihood and standards of living
Provide with development assistance in addition to
compensation measures, such as land preparation,
training, job opportunities, etc.;
Include the total costs of resettlement activities in the total
costs of the project.
8/26

9. Eligibility for Resettlement
The borrower must carryout a census to identify the PAPs
and to determine who will be eligible for assistance. A cut-
off date is established and informed to affected people
Those who have formal legal rights to land (including
customary and traditional rights)
Those who do not have formal legal rights to land at the
time the census begins but have a claim to such land or
assets (a recognized claim in the country)
Those who have no recognizable legal right or claim to
the land that they are occupying
9/26

10. Eligibility for Resettlement (2)
Persons under bullet 1 and 2 are provided compensation
for the land and other assistance
Persons under bullet 3 are provided resettlement
assistance to achieve the objectives of the policy
10/26

11. Resettlement Instruments
Resettlement [Action] Plan (RAP)
Abbreviated Resettlement Plan
Resettlement Policy Framework
Process Framework
11/26

12. When it is possible to determine displacing population
during project preparation
12/26
Resettlement Action Plan
When affected people are not physically displaced and less
than 10% of their productive assets are lost, or fewer than
200 people are displaced
Abbreviated Resettlement Plan

13. In sectoral projects or financial intermediary projects or a
project with multiple subprojects where population to be
displaced not known during project preparation
13/26
Resettlement Policy Framework
For projects involving restriction of access to legally
designated parks and protected areas resulting in adverse
impacts on the livelihoods of affected people
Process Framework

14. Compensation in Tanzania
The holder of the Right over the Land is required by the
Law to be compensated for his/her land & developments
thereon. Tanzania land Laws provide for payment of FULL,
FAIR and PROMPT Compensation
[The Land Act No.4 & The Village Land Act No.5 both of 1999
under S.3 (1)g]
14/26

15. Compensation in Tanzania (2)
Valuation must be carried out by qualified valuer
(Government/Private Valuers) with Land management
/valuation profession
15/26

16. Principles of Valuation for Compensation In
Tanzania
Fair compensation: Actual Market Value of land &
unexhausted improvement thereon that leave Claimant in
the similar situation as was before acquisition – “not be
better of or worse of’. Fair to Claimant and Compensating
authority
Full compensation: Considering market value of Land,
Crops & other development permanently attached to the
land
Prompt compensation: Payment to be effected within six
(6) months from the date of valuation 16/26

17. Assets Considered for Compensation in Tanzania
Value of unexhausted improvements
Allowances
17/26

18. Assets Considered for Compensation in Tanzania (2)
Value of unexhausted improvements
Land value (surface of earth except
underneath minerals);
House and/or other permanent developments,
crops/trees (annual and perennial);
Graves & shrines; and
Any other structures with cost reflection -
wells, cattle sheds, fences, latrines, irrigation
structures etc
18/26

19. Assets Considered for Compensation in Tanzania (3)
Allowances
Disturbance allowance [Average interest rate offered by
commercial banks on fixed deposits x Assessed value
of (Land + Buildings and/or Permanent Structures
+Crops and/or Trees)]; and
Loss of Accommodation (Prevailing monthly Rental
value of a room (consider number of rooms) or house x
36months)
(Accommodation and Transport Allowances are not assessed
to incomplete/ under construction or inhabitable property)
19/26

20. Assets Considered for Compensation in Tanzania (4)
Other verifiable costs (Cost of such as premium, survey
costs, water & electric utility costs, gardening and other
site works etc.)
Loss of Profit (Monthly Net Profit of audited business
x36months Or Monthly Cost of Renting a business room
(consider similar rooms) or House x 36 Months)
Transport Allowance (Actual cost of Transporting 12tons of
luggage (by railway or roads –which ever is cheaper) x
distance of 20km from the point of Displacement)
20/26

21. Types of Compensation
Tanzania Land Laws provide two forms of compensation that
can be opted to:
Monetary compensation: Issued in form of CASH or
CHEQUE (most practiced in Tanzania).
In Kind Compensation
21/26

22. In Kind Compensation
Land or parcel of Land with equal potential as that
acquired
Building(s) with equal potential as the former one acquired
Plants & seedlings for agro-related activities
Access to communal Assets e.g. Water, Grazing land, etc
Regular supplies of grain & other basic food staffs for
specified time
Any other kind as can be agreed
22/26

23. Compensation Eligibility
Tanzania Land Laws consider the following people eligible
for compensation;
Holder(s) of land with formal Legal rights-
Granted/CCROs
Holder(s) of land under customary ownership.
Those obtained through transfer of R/O or CCRO.
Those who affected by relocation e.g. hazardous lands.
Holder(s) of land affected by Scheme of regularization.
23/26

24. Comparisons btn Tanzanian Law and WB OP 4.12
Category of
PAPs/Types
of Loss of
Assets
Tanzanian Law WB OP 4.12
Land
owners
Cash compensation based on market
value of property, disturbance &
transport allowance, loss (of profit,
accommodation, costs of
acquiring/getting land; other immediate
costs or capital expenditure. Prompt
payments or interest charged at market
rates.
Recommends land for
land compensation. Other
compensation is at
replacement costs
Land
Tenants
Entitled to compensation based on
amount of rights they hold upon the land.
Entitled to some form of
compensation whatever
legal recognition of
occupancy
Land users
Not entitled to compensation for land,
entitled to compensation for crops,
sometimes provided with other land of
Entitled to compensation
of crops, labor 24/26

25. Tansheq’s Capability in Management of Social
Impacts
Tansheq’s team has practical experience in both
planning and implementing land access,
resettlement, livelihoods and other social impacts
and risks on projects.
Ultimate goal is to give your project a social capital
to operate
Contact us at
+255 713 695 552
info@tansheq.com
lusako@tansheq.com
www.tansheq.com
25/26