Consultancy Services for Land Acquisition Audit and Corrective Action Plan Preparation — Zanzibar Judiciary Modernization Project

THE JUDICIAL OF ZANZIBAR

REQUEST FOR EXPRESSIONS OF INTEREST

(CONSULTING SERVICES – INDIVIDUAL SELECTION)

Contract Reference No: TZ-JOZ-453742-CS-INDV

Issue Date: 9th October, 2024

The Government of United Republic of Tanzania represented by Revolutionary Government of Zanzibar under the Judicial of Zanzibar has received a credit from the International Development Association (IDA) in the amount of US$ 30 million towards the cost of Zanzibar Judicial Modernization Project (Zi – JUMP), and intends to apply part of the credit proceeds for payment under the contract for procurement of individual consultant services TO UNDERTAKE A LAND ACQUISITION AUDIT AND PREPARE A CORRECTIVE ACTION PLAN FOR ZANZIBAR JUDICIARY MODERNIZATION PROJECT (Zi-JUMP).

The Consultant will perform the specific tasks but not be limited to the following:

• Determining the extent to which the Land was acquired. The consultant will be responsible for bringing out the extent to which each Land acquisition was done for each of the sites mentioned (3) above. This will include, among others, establishing the following against the Land acquisition process:

•

• Timeliness of Land acquisition Implementation;

• Number and names of Project Affected Persons (PAPs) compensated;

• Number and names of Project PAPs awaiting compensation;

• Types of compensations made;

• Types of compensations yet to be made;

• If there were delays related to compensation, establish and assess reasons for these delays. This should be both in general (like institutional issues) as well as for each site (e.g. tenure).

• Sampling of the Project Affected Persons (PAPs) to verify the status quo and ascertain their well-being.

The Consultant shall engage a representative sample of the PAPs referred to in 3.1 (ii) and verify both the monetary and asset compensation undertaken. Under this, the Consultant will perform the following tasks:

• Engage a representative sample of PAPs (a representative sample being not less than 20% of the PAPs compensated or yet to be compensated);

• Obtain submissions of the sampled PAPs on their perspective of the compensation and other assistance received;

• Obtain an overview of changes in livelihoods related to the land acquisition (if any);

• Obtain an overview of the PAP's ability to maintain their former livelihood standards in their new situations (if any resettlement or significant economic impacts occurred);

• Obtain an overview of the PAP's grievances and suggestions for prompt resolution of the issue.

• Engagement of authorities

Identify and engage key stakeholders (like the Government Valuation Department) to determine the extent of engagement.

• Assessing the adequacy of the compensation approaches used. Specifically:

• Assess to what extent the applicable legal framework at the time of the land acquisition and comparison to WB and national requirements were adhered to;

• Asses the asset valuation method used for properties to determine compensation for affected PAPs;

• Determine the types and amount of monetary and non-monetary compensation measures allocated and provided for each PAP or Household (HH).

• Assess the ability of PAPs to restore livelihoods to the pre-project period;

The Judicial of Zanzibar now invites eligible individuals (“Consultants”) to indicate their interest in providing the Services. Interested Consultants must provide information indicating that they are qualified to perform the services (CV’s, description of similar assignments and experience in similar conditions).

Selection will be based on qualifications and experience stipulated below:

• Bachelor’s degree in environmental management, social sciences, or other relevant qualifications/field;

• Not less than 5 years of applied experience doing work on social safeguards and resettlement (preferably WB EES5), Land acquisition process, and/or Resettlement Action Plans;

• Social survey experience;

• Proven ability to write well and deliver written products on time;

• Experience in implementing RAPs or capacity building for resettlement projects is an added advantage; and

• Ability to communicate with the local people and relevant stakeholders (English and Swahili).

The attention of interested individual Consultants is drawn to Section VII, paragraphs, 7.36, 7.37, 7.38 and 7.39 of the World Bank’s “Procurement Regulations for IPF Borrowers” dated Fifth Edition September 2023, setting forth the World Bank’s policy on conflict of interest. Please refer to paragraph 3.14 of the Procurement Regulations on conflict of interest related to this assignment which is available on the Bank’s website at http://projectsbeta.worldbank.org/en/projects-operations/products-and-services/brief/

An Individual Consultant will be selected in accordance with the Individual Consultant Selection (ICS) method set out in the Procurement Regulations.

Further information and the detailed Terms of Reference (ToR) for the assignment can be obtained electronically at the email [email protected], from Mondays to Fridays, from 07:30 am to 03:30 pm East Africa time or through website www.judiciaryzanzibar.go.tz .

Expression of Interest; clearly marked Consultancy Services To Undertake a Land Acquisition Audit and Prepare a Corrective action Plan For Zanzibar Judiciary Modernization Project (Zi-JUMP).must be delivered in a written form to the address below (in hard copy and softy copy through flash disk) on or before

10:00 a.m. Local Time, on Tuesday, 22nd October,2024.

Bids will be publicly opened in the presence of the bidder’s designated

representatives and any who choose to attend at the address below at 10:30 am of

Tuesday, 22nd October,2024 at Second Floor Room No. 208. Only One (1)

shortlisted candidate will be contacted.

Attn: Secretay of Tender Board

Judicial of Zanzibar

P.O.BOX: 160

TEL: 024-2230182

FAX: 024-2232720

214 Tunguu Road

First Floor Room No. 109

70491 South Unguja

Zanzibar, Tanzania

Email address: [email protected]

[email protected]

Website: www.judiciaryzanzibar.go.tz

THE JUDICIARY OF ZANZIBAR

TERMS OF REFERENCE (TOR)

CONSULTANCY SERVICES TO UNDERTAKE A LAND ACQUISITION AUDIT AND PREPARE A CORRECTIVE ACTION PLAN FOR ZANZIBAR JUDICIARY MODERNIZATION PROJECT (Zi-JUMP).

(Individual Consultant)

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• INTRODUCTION AND BACKGROUND

• The Government of the United Republic of Tanzania has set to receive a credit from the World Bank for The Zanzibar Judicial Modernization Project (Zi Jump) which will be implemented by the Judiciary of Zanzibar for a period of five years from 2024 to 2029.

• The Zi–JUMP is being developed to enhance the accessibility, efficiency, and transparency of selected citizen-centric judicial services in Zanzibar. The project has three components including access to justice services, court efficiency, and citizen and stakeholder engagement. In access to justice services the project focuses on expanding the geographic coverage of District Magistrate Court (DMC) services by constructing Five (5) Smart District courts in selected areas, one (1) Integrated Justice Centre (IJC), and renovating two Court buildings.

• Currently, The Judiciary of Zanzibar (JoZ) suffers from outdated infrastructure that limits access, efficiency, transparency, and innovation while providing opportunities to exercise undue influence. The JoZ's needs assessment highlighted that court buildings in Zanzibar are few, old, and dilapidated. The situation is particularly dire at first-instance courts. Currently, citizens and businesses struggle to access (DMCs) as key judicial services providers. A lack of user-friendly features, such as accessible buildings, designated waiting areas for victims, and spaces for breastfeeding women and/or young children, paired with the buildings’ current inability to host any IT, contribute to the challenges.

• PURPOSE AND OBJECTIVES OF THE ASSIGNMENT

• The overall purpose of this consultancy is to conduct an audit for the resettlement and compensation undertaken under the project taking into consideration the Resettlement Action Plans for each of the sites and the World Bank Environmental and Social Standard 5 on Land Acquisition, Restrictions on Land Use and Involuntary Resettlement. More specifically, the objectives of the consultancy are as follows:

• To undertake a Land Acquisition Audit for the sites at Chwaka, Kilindi-Nungwi, and Kinduni.

• Generate separate audit reports for each of the sites (Chwaka, Kilindi-Nungwi, and Kinduni) referred to in (i) and complete with recommendations on how projects of this nature may be improved in the future.

• SCOPE OF THE ASSIGNMENT

• The consultant will fully document and assess the Land acquisition process and determine compliance against the World Bank Environmental and Social Standard 5 on Land Acquisition,

Restrictions on Land Use, and Involuntary Resettlement. Subsequently, the assignment can be broken down into four main components as outlined below. However, it should be noted that the terms outlined within this document are a high-level description. It will be the role of the consultant to propose the specific and comprehensive low-level technical requirements for each of the components of the assignment. The components of this assignment are:

• Determining the extent to which the Land was acquired.

The consultant will be responsible for bringing out the extent to which each Land acquisition was done for each of the sites mentioned (3) above. This will include, among others, establishing the following against the Land acquisition process:

•

• Timeliness of Land acquisition Implementation;

• Number and names of Project Affected Persons (PAPs) compensated;

• Number and names of Project PAPs awaiting compensation;

• Types of compensations made;

• Types of compensations yet to be made;

• If there were delays rela