Table I: Comparison of Tanzanian and World Bank Policies on Resettlement and Compensation Types of affected Persons/Lost Tanzanian Law World Bank OP 4.12 Comparison/Gaps Assets Land Owners The Land Acquisition Act, the Land Displaced persons are classified There is no gap between Act 1999 and the Village Land Act into three groups: Tanzania and OP 4.12 as far as 1999 have it clearly that land those who have formal legal those with formal legal rights and owners, with or without formal rights including customary those without formal legal rights legal rights, are entitled to full, fair and traditional rights; are concerned and prompt compensation. They who do not have formal also get disturbance allowance, legal rights to the land but However, the lost assets in transport allowance, have a claim to such land or Tanzania are restricted to land accommodation allowance and loss assets provided that such and developments on land, and of profit if they were in actual claims are recognized under where relevant, loss of profits. occupation of the acquired the law of the country The lost assets under OP 4.12 property. those who have no legal rights are much wider than land and to the land they are occupying include loss of access to Lost assets are limited to livelihoods and standard of living improvements”, that Land owners categories (a) and seeks to improve them or at “unexhausted is the land and developments on and (b) above, are among the least to restore them to the land. PAPs who are entitled to full, fair displacement levels and prompt compensation as The law does not cover economic well as other relocation and social impacts of relocation assistance. and as such socio-economic surveys are not part of the land Socio-economic impacts to PAPs acquisition process are taken into consideration in preparing the RAP Land Tanzanian law does not recognize Tenants would be under WB OP 4.12 recognises a wider Tenants/Squatters tenants as being entitled to category (b) above and are spectrum of PAPs. The Tanzania compensation among the PAPs who are entitled spectrum is limited to those who to full, fair and prompt can prove proprietary rights. It compensation and other does not include tenants relocation assistance Squatters may be paid Squatters may fit category (c) WB OP 4.12 includes squatters compensation on the of the above and are provided the PAPs who are entitled to
Table I: Comparison of Tanzanian and World Bank Policies on Resettlement and Compensation Types of affected Persons/Lost Assets Tanzanian Law World Bank OP 4.12 Comparison/Gaps Land Owners The Land Acquisition Act, the Land Act 1999 and the Village Land Act 1999 have it clearly that land owners, with or without formal legal rights, are entitled to full, fair and prompt compensation. They also get disturbance allowance, transport allowance, accommodation allowance and loss of profit if they were in actual occupation of the acquired property. Lost assets are limited to “unexhausted improvements”, that is the land and developments on the land. The law does not cover economic and social impacts of relocation and as such socio-economic surveys are not part of the land acquisition process Displaced persons are classified into three groups: those who have formal legal rights including customary and traditional rights; who do not have formal legal rights to the land but have a claim to such land or assets provided that such claims are recognized under the law of the country those who have no legal rights to the land they are occupying Land owners categories (a) and (b) above, are among the PAPs who are entitled to full, fair and prompt compensation as well as other relocation assistance. Socio-economic impacts to PAPs are taken into consideration in preparing the RAP There is no gap between Tanzania and OP 4.12 as far as those with formal legal rights and those without formal legal rights are concerned However, the lost assets in Tanzania are restricted to land and developments on land, and where relevant, loss of profits. The lost assets under OP 4.12 are much wider than land and include loss of access to livelihoods and standard of living and seeks to improve them or at least to restore them to levels Land Tenants/Squatters Tanzanian law does not recognize tenants as being entitled to compensation Tenants would be under category (b) above and are among the PAPs who are entitled to full, fair and prompt compensation and other relocation assistance WB OP 4.12 recognises a wider spectrum of PAPs. The Tanzania spectrum is limited to those who can prove proprietary rights. It does not include tenants Squatters may be paid compensation on the of the Squatters may fit category (c) above and are provided WB OP 4.12 includes squatters the PAPs who are entitled to displacement
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