PHYSICAL CULTURAL RESOURCES MANAGEMENT PLAN FOR

advertisement
E2315 v3
PHYSICAL
CULTURAL
RESOURCES
MANAGEMENT
PLAN
FOR
THE
PROPOSED 400 kV POWER TRANSMISSION LINE IRINGA-DODOMASINGIDA-SHINYANGA
1.0 Introduction and Background Information
TANESCO is preparing a project to reinforce its existing 220kV transmission
line from Iringa to Shinyanga via Dodoma, Singida and Tabora Regions. The
proposed project will include the construction of 670 km 400 kV electrical
power transmission line. The objective of the project is to improve the power
supply in the north-western part of the country. The project also intends to
reduce the duration and frequency of power interruptions to the northern
regions, improve voltage conditions at consumer’s premises, reduce power
system losses in the northern regions, increase customers, and improve the
power line capabilities for smooth power transfer to the Lake Zone and beyond.
TANESCO prepared the Environmental and Social Impact assessment (ESIA),
which includes its Environmental and Social Management and Monitoring
Plan. TANESCO further prepared a Resettlement Policy Framework (RPF) with
the objective of ensuring that the project-affected people (PAP) are compensated
according to the existing Laws and Regulations of the United Republic of
Tanzania governing compensation for any loss of productive land, structures or
other properties and the World Bank (WB) OP 4.12 Involuntary Resettlement,
as a result of land acquisition for the transmission line way leave corridor.
Take note that all the documents have been approved by Government of the
United Republic of Tanzania and the World Bank and disclosed both in the
country and the WB inforshop.
1.1 Way leave corridor acquisition
The project aims at the acquisition of a way leave corridor land for the
construction of a 400 kV transmission line in three sections, Iringa – Dodoma,
Dodoma – Singida and Singida – Shinyanga. Most section of the proposed
project are expected to run parallel to the existing 220 kV line, with only minor
variations in areas where alternative alignments have been developed due to
topographical conditions, social issues that is resettlement and compensation.
Establishment of the way leave corridor is expected to cause some effects on
physical cultural resources along a way leave corridor. Therefore, the plan is
set to safeguard, eliminate and or reduce, effects of established projects on
physical cultural resources parallel to Antiquities Act 1964, Antiquities Policy
2008 (3)31, WB OP 4.11 and Cultural Policy 1997 (3) 2.1
1.2 Institutions Responsible for the implementation, Administration and
Management Plan of Physical and Cultural Resources
The Division of Antiquities (DA) in the Ministry of Natural Resources and
Tourism (MNRT) has the mandate to oversee the preservation and development
of Tanzania’s abundant and valuable movable and immovable cultural heritage
resources.
Division of Antiquities (DA) work hand in hand with Local Authorities to
perform various functions on conservation and development of Physical and
Cultural Resources to include the following:
Power to make by-laws and to
perform functions in relation to the preservation of, and access to, Physical and
Cultural Resources (including the consent of the owner or other persons
beneficially interested therein, power to fence, repair and otherwise preserve
and protect, and to erect notices or tablets giving information relating to,
Physical and Cultural Resources) (Antiquities Act 1964 (16)1; Antiquities Policy
2008 Section (5) (2).
TANESCO will be responsible for the overall implementation of PCR
management in collaboration with Consultants and Contractors. TANESCO will
report immediately to all institutions, which are responsible for PCR.
The Central government in its Antiquities Division in the Ministry of Natural
Resources and Tourism will be responsible for giving permits or consent in case
the PCR are found. Regional and local governments are implementers for the
case of grave relocation, and the municipal or district council health officers
are the ones in the actual work.
1.3 Legal and Institutional Frameworks.
Physical Cultural Resources in Tanzania are managed by the following policies
and legal instruments:1.3.1 Policy
The proposed construction of the 400kV power transmission line from Iringa to
Shinyanga via Dodoma and Singida may induce changes in physical cultural
resources along the way leave in the villages and the district that the power line
will pass through. Some of the sector specific policies for the physical cultural
resources may be triggered by the proposed development. The main relevant
policies and legislation are discussed below:-
1.3.1.1 The Antiquities Policy of 2008
Antiquities Policy 2008 section defines Physical Cultural Resources as any
tangible material that represent contemporary, historic, and pre-historic
human life ways. Antiquities Policy (2008) section 2. 1 points out that already
discovered Physical Cultural Resources shall be preserved and conserved in the
National Museum of Tanzania as stipulated in Museum Act of 1980. On top of
that, the Antiquities Policy of 2008 sections 4.2.1 to 6 elaborates on how other
stakeholders including government institutions, private sectors and public as
whole should be involved in all activities of conservation and management of
Physical Cultural Resources.
1.3.1.2 The Cultural Policy of 1997
Section of the 3.2.1 of the Cultural Policy stipulates that “all land development
shall be preceded by Cultural Resource Impact studies. Furthermore, Section
3.1.5 says that “mechanisms shall be established to enable the nation to
identify, own and preserve national treasurers e.g. art, objects, natural
resources minerals as well as archaeological, paleontological and botanical
remains. Other policies and instruments include the Constitution of the United
Republic of Tanzania of 1994 Article 9 (c).
1.3.2 Laws and Regulations
Laws and regulations, which are used as instruments in the management of
physical cultural resources, are:-1.3.2.1 The Antiquities Act No. 10 of 1964
and Amendment No. 22 of 1979
An Act to provide for the preservation and protection of sites and articles of
Paleontological, Archaeological, Historical or Natural interest and for matter
connected therewith and incidental hereto. Under section 10, sub section (1) of
the Antiquities Act (discovery of a relic or monuments) states that “any person
who, discovered a relic or monument, or any object or site which may
reasonably be supported to be a relic or monument, in Tanzania, otherwise in
the course of a search or excavation made in accordance with a license ranted
under section 13, and the occupier of any land who knows of any such
discovery on or under such land, shall forthwith report the same to the
administrative officer, the commissioner, the conservator or the curator of the
museum. The discoverer of such a relic, monument, object or site shall take
such steps as may be reasonable for the protection thereof.
1.3.2.2 The Graveyard removal Act (No. 9 of 1969)
An Act to provide for the removal of graves from land required for public
purposes. Subject to the provisions of this Act under section 3, “where any
land on which a grave is situated is required for a public purpose the Minister
may cause such grave and any dead body buried therein to be removed from
the land and, in such case, shall take all such steps as may be requisite or
convenient for the re-instatement of the grave and the re-interment of the dead
body in place approved by him for the purpose”. Here the Minister is the
Minister of Land. The act specifies, among other things, that graves shall be
relocated, after official notice is given to interested parties and published in the
Gazette:

with due regard to the views of the persons interested and the religious
susceptibilities of the members of the religious community to which the
person belonged whose grave or dead body it is;

in a manner which is not injurious to public health;

in accordance with such directions as may be given by the public officer
appointed by the Minister to supervise the undertaking; and

accompanied by such religious rites or ceremonies as are appropriate to
the religious community to which the person belonged whose dead body
is removed.
Other relevant laws include the Memorial act No. 7 of 1980 and the
Environmental Management Act of 2004.
1.3.2.3 The World Bank OP 4.11 Physical Cultural Resources
The objective of this policy is to assist borrowing countries to avoid or mitigate
adverse impacts on physical cultural resources from development project the
Bank finances. In addition, it states that the impacts on physical cultural
resources resulting from project activities including mitigating measures may
not contravene either the borrower’s national legislation or its obligations
under relevant international environmental treaties and agreements. Paragraph
9 provides the guidance for preparing PCR management plans and also chance
finds procedures.
2.0 The Purpose of the plan.
During the ESIA and RPF studies the physical and cultural resources were also
documented and evaluated. This plan forms part of the Environmental and
Social Management Plan (ESMP) developed during the ESIA study for the
backbone project. Its role is to specify how the physical and cultural resources,
i.e. archaeological, cemeteries, paleontological and botanical remains will be
managed to ensure adequately considerations in conservation and project
development, especially during design, construction and operation.
The format of the PCR Plan is straightforward. The legal and institutional
frameworks for the management and conservation of PCR are briefly outlined.
The PCR i.e. archaeological, artifacts, cemeteries, paleontological and botanical
remains is then described and discussed in some detail. It is divided into a
number of discrete categories, each of which is considered in terms of its
significance and it’s potential. Finally a series of conservation and management
measures are presented.
3.0 Physical Cultural Resources in the project impacted area
Investigation and archaeological surveys prior to the implementation of the
project were undertaken for the purpose of recognizing the PCR in the area.
3.1. Identified Physical Cultural Resources
Using the above methodology during the ESIA, it was revealed that there are
graves and even graveyards in the transmission line corridor. More than 200
graves were found inside the way leave of the existing line (some even
established after construction) as well as on the proposed new line. A limited
number of these graves may have to be relocated if there is a risk of being
destroyed by construction activities. Graveyards and larger agglomeration of
graves were found at Kising’a (Iringa Rural) (25 graves), Ikungi (Singida Rural)
larger graveyard, Kibigiri (Iramba) (30 graves).
Beliefs and traditions in the project area allow graves to be relocated if the
exercise is done in a culturally acceptable way. Compensation will be paid for
the relocation of graves such as expenses for ceremonies and labor in
connection with exhumation and reburial.
The proposed power transmission line may also affect other cultural sites.
Discussion with the Antiquities Department highlighted the importance of
conserving any archaeological features that will be found within the way-leave.
The proposed power transmission line may affect cultural sites. Some of the
cultural sites to be affected are burial sites and graveyards that are used by
villagers and where local communities perform their traditional rites or
ceremonies. In addition, the line will cross Solya Village near Kilimatinde,
Manyoni District. The Central Slave and Ivory Trade Route passed by
Kilimatinde, and an old German Fort is located there. The line definitely does
not affect these important landmarks.
Most of the stakeholders along the proposed way leave were concerned about
whether the graves will be compensated and the process of relocating the
graves will be participatory and take into account their cultures and values.
Where graves that would be adversely affected by the Project need to be
exhumed and reburied at alternative locations, rituals and ceremonies will
often need to be conducted, in consultation with relatives, and proper
compensation for them should be considered as provided for by the law. Land
officers that were also part of the ESIA Team explained how the procedure
would be carried out. Discussion with the Antiquities Department also
highlighted the importance of conserving any archaeological features that will
be in the way leave.
During the field survey conducted for the ESIA, it was possible to identify
households that have graves of relatives within or close to the way leave. Once
the boundaries of the wayleave were determined, graves that would need to be
moved were identified precisely in the survey and census undertaken for
preparation of the Resettlement Action Plan. The amounts agreed to cover the
necessary ceremonies for each relocation are listed in the valuer’s reports for
the transmission line segments and will be included in the schedule of
compensation TANESCO will follow in implementing the RAP.
Typically, the
costs of ceremonies range between 200,000.00 and 250,000.00 Tanzanian
Shillings.
The costs of the actual relocation are handled separately. The relocation will
be carried out as specified in the Act, by officials of the local or district
governments.
TANESCO will in effect contract with the local or district
governments for the work and reimburse them for the costs.
In the project
area, the typical cost of grave removal for relocation is on average estimated to
range between 200,000.00 and 300,000.00 Tanzanian Shillings. Respective
local government is responsible for allocating replacements for burial plots.
Also a few areas were identified where local communities conduct traditional
ceremonies in areas likely to be within the way leave for example in Kisaki,
Singida Municipality, a special tree known as Mlegea was registered designated
for ritual and as a place for prayers that is likely to be affected by the way
leave. According to the current regulations, there should be some form of
compensation payment for the loss of these sites, if the loss cannot be avoided.
3.2 Chance findings during project implementation
Investigation and archaeological surveys during the implementation of the
project should also be undertaken for the purpose of spotting the Physical
Cultural Resources in the area. In this PCR management plan, both random
and systematic survey shall be employed. Systematic survey shall be
conducted in areas with high concentration of PCR through systematic walking
over transects using three meters interval from one individual to another in
parallel transects. Unsystematic survey shall be conducted in areas with an
overgrowth of vegetation and rough terrain.
All cultural materials located or distributed on the way leave corridor shall be
recorded, collected and mapped out using a global positioning system (GPS).
Shovel test pits (STP) shall be conducted to supplement surface observations in
areas with plenty of surface scatters. This will be followed by evaluation of the
identified PCR to decide what measures should be taken. The evaluation
process will be followed by the exercise of treatment. At this stage the handling
and management of the resources will be done according to their tradition,
typology and cultural sequence. The last stage will be documentation and
publication of the findings recovered from the area in order to share knowledge
with professionals and the community at large.
Survey and salvage work shall be undertaken by a qualified archaeologists
recognized
and
permitted
by
the
Antiquities
Department.
The
lead
archaeologist shall be experienced in the region in which the project impact
area lies. In the event that the team is led by an international consultant, it is
expected
that
the
team
will
consist
of
both
international
and
local
archaeologists.
4.0 Measures Taken
Wherever possible, the rerouting of the transmission line and changing of the
transmission towers footing will avoid sites of physical cultural significance,
such as cultural heritage sites, ceremonial sites, archaeological areas and
grave yards. At this stage, a precise identification of where and how many such
graves and sites of cultural significance lie within the way leave cannot be
ascertained at a hundred per cent. Although a tentative figure has been
provided in the ESIA documents, a complete appraisal, as well as the
identification of changing of power footings and rerouting options, will only be
possible after the final route is decided and marks are placed on the ground.
5.0 Capacity Building/Awareness and Mobilization
All non-experts in physical cultural resources involved in execution of the
project shall be briefed on the basics of physical cultural resources. The
training shall aim at enabling non-experts in physical cultural resources to
identify, prevent damage to physical cultural resources, record and report
whenever they encounter any cultural recourse along the way leave corridor in
the absence responsible personnel.
6.0 Specific roles and Obligation
Roles and obligations of each team member in execution of the plan are
described below:
6.1 Antiquities Officer
The Antiquities officer shall function as an overseer throughout the execution
of the plan. Antiquities officer shall accompany consultant through out survey
and salvage operations. Furthermore, Antiquities officer shall determine the
action to be taken at the discovery site within an agreed time. Such actions
may include the following:

Removal of PCR deemed to be of significance;

Execution of further excavation within a specified distance of the
discovery point;

Extension or reduction of the area demarcated by the contractor.
Antiquities personnel have to ensure the conducts of consultant, contractor
and other personnel in the project are not harmful to physical cultural
recourses. The Antiquities Act of 1964 Section twenty two (22) states that
“Antiquities Officer for the purpose of assisting in the carrying out of the
provisions of this Act and, in particular, but without prejudice to the generality
of the foregoing, in the prevention and detection of offences under this Act”.
6.2 Consultant
The consultant for this physical cultural recourse will be Project Supervisor
and Management Consultant. The Consultant shall be responsible in
identification, evaluation, treatment and documentation of physical cultural
resources in the implementation of plan. Antiquities Act 1964 (12) mandates a
consultant to be or employ an expert in physical cultural resources with
sufficient scientific training or experience to enable him to carry out the
proposed excavation or search satisfactorily. Furthermore, the consultant must
prove that he/she has sufficient staff and other resources to enable him to
carry out the proposed excavation or search satisfactorily (Antiquities Act 1964
Sections (12) (b); and 12 (c) that he/she is able to conduct, or arrange for, the
proper scientific study and publication of any materials discovered.
The Consultant shall provide a brief description of the project using maps
where necessary, and including location, general layout, size, capacity,
activities at pre-execution, and during operations phases, staffing and support,
facilities and services, and life span of the project.
6.3 Contractor
During the execution of the works, if a PCR comes to light, the contractor shall
stop the works and communicate to consultant. However, contractor may
decide whether to stop all works, or only the works immediately involved in the
discovery depending on the nature of PCR uncounted.
After stopping work, the contractor must immediately report the discovery to
the Resident Engineer. With the approval of the Resident Engineer, the
contractor is then required to temporarily demarcate, and limit access to, the
site. The contractor will be entitled to establish an agreement with consultant
and/or TANESCO for additional services or resources under a separate
contract.
6.4 Other Project Staffs
Specialists in other fields of study and allied staffs shall communicate to the
consultant on any physical cultural resources that they consider the
consultant or a team has not accounted for evaluation, treatment and
documentation. On top of that, other project staff shall be liable to
communicate to the consultant in case of any chance findings during the
execution of the project.
7.0 Monitoring and Reporting Arrangements
The findings of the physical cultural resources management shall be disclosed
as a supplementary report on PCR after the way leave has been surveyed.
Exceptions to such disclosure would be considered when TANESCO, in
consultation with the Bank and persons with relevant expertise, determines
that disclosure would compromise or jeopardize the safety or integrity of the
physical cultural resources involved or would endanger the source of
information about the physical cultural resources. In such cases, sensitive
information relating to these particular aspects may be omitted from the EA
report. Throughout project implementation, TANESCO reports on compliance
with measures agreed with the Bank on the basis of the findings and results of
the EA.
Findings which may impact in any way upon the implementation schedule of
the project will be reported by the Consultant to TANESCO as soon as such
information becomes available, without waiting for a formal reporting date.
The Consultant will submit a brief Inception Report within two weeks of
commencement of fieldwork. It will report on the mobilization of the team, the
situation on site and any matter which has come to light which may affect, or
cause a change in, the planned execution of the survey.
At the end of each month, the Consultant will submit a brief progress report on
its work and findings to date, focusing especially on any recommended
measures which may require action prior to inundation, together with their
estimated costs.
At the end of the work, the Consultant will submit an Interim Report,
consisting of a Management Report followed by sections on Work Carried Out,
Results, Conclusions and Mitigating Measures Implemented.
8.O Conservation of Known and Chance findings
Movable PCR found along the way leave shall be taken to National museums
for conservation, parallel to Museums Act, 1980 and Antiquities Act, 1964.
Identified Immovable PCR but not impacted by the project shall be reported
and conserved on site by the Antiquities department in collaboration with Local
Authorities.
9.0 Management Plan during Design and Construction
This section presents an overview of the management measure i.e. mitigations
for the impacts in physical cultural resources for the construction of 400kV
backbone transmission line from Iringa to Shinyanga. The institutions
responsible for the implementation of the mitigation measures at different
stages of the project are named. Table 9.1 below summaries the plan.
Table 9.1: physical cultural resources management plan
S/N
Impact
1.0
Construction phase
1.1
Management Design
1.2
Impact on existing
graves and grave yards
Mitigation measures
Monitoring
Action Typical
monitoring
Frequency
Area
 Inventory of PCR known to be within the
way leave corridor
 Inventory of PCR known close to way
leave corridor as to be at risk of damage
or disturbance
Monitored during
design stage
Be done daily
during
construction
Transmission Consultant
line- corridor
access road
tower footings
areas
-
-
exact location of all graves and
grave yards
managing impacts on sacred
trees
managing impacts on areas of
spiritual significance to local
communities
Re routing of transmission
line, access road and change of
positions for the towers
footings
Responsible Body
Monitored during
design stage
Be done daily
during
construction
Transmission
line- corridor
access road
tower footings
areas
TANESCO: during
demarcation works
and/contractor and
consultant during
design/communities
1.3
Impacts for the chance
finds uncovered during
construction
-
-
1.4
Impacts for the known
finds
-
-
-
Plant operator to immediately
stop working and inform the
contractors’ supervisor, who
will deriver the message to the
TANESCO engineer who will
immediately inform the
consultant (archaeologist) and
representative of Antiquities
Department. On his/her part,
the consultant (archaeologist)
will have to advise whether the
work should continue or not
depending on the evaluation.
(take note: no work shall be
continued on the specific area
until we get permission from
the Director of Antiquities)
Be done daily
during
construction
Spotting Physical Cultural
Resources in the area.
Systematic survey shall be
conducted in areas with high
concentration of PCR through
systematic
walking
over
transects using three meters
interval from one individual to
another in parallel transects.
Unsystematic survey shall be
conducted in areas with an
overgrowth of vegetation and
rough terrain.
Evaluation, treatment and
Documentation of PCR
Be done before
and during the
implementation
of the project
Transmission
line- corridor
access road,
tower footings
areas
Contractor – machine
operators, consultant
supervising Engineer
TANESCO supervising
engineers and safeguard
staff
Consultant
(archaeologist)
Ministry of Natural
Resources and Tourism
– Antiquities
department.
Local authorities and
Ministry of land
Transmission
line- corridor
access road,
tower footings
areas


TANESCO
supervising
engineers and
safeguard staff
Consultant
(archaeologist)

Ministry of
Natural
Resources and
Tourism –
Antiquities
department.

Local authorities
and Ministry of
land
S/N
Impact
1.5
Impacts on existing
graves and relocated
grave yards.
Mitigation measures
Monitoring Action
Typical
monitoring
Frequency
Follow
all
procedures
for Transmission linerelocation
of
grave
or corridor
graveyards as specified by the
Graveyard removal Act ( No. 9
of 1969)
area
Responsible Body
On
transmission
line
TANESCO to carry
out consultative
meetings with
the affected
people, families
and religious
institutions and
local authorities
on modalities of
grave relocation
and taking into
consideration
laws on cultural
preferences and
wishes of
families.
TANESCO to
request Ministry
of Land for
consent to
relocate the
graves. Local
Authorities have
responsibilities
of relocating
graves after
1.6
Instructions for project
staff and contractors
regarding physical
cultural resources
Conduct a 3 days training Before the
workshop
for
non commencement of
archaeologist staff involve in the construction
the project
On site
1.7
Conservation of
Known and Chance
findings
Follow
all
procedures
for During and after
preservation and protection of the construction
sites
and
articles
of
paleontological,
archaeological, and historical
PCR as specified by the
Antiquities Act ( No. 10 of
1964)
National
Museums and
on site
getting consent
from Ministry of
land, settlement
and housing
development
TANESCO to
contract out a
consultant to
train project
personnel,
TANESCO staff
and contractors
working in the
field on cultural
resources that
may be
impacted.
TANESCO,
Consultant and
Antiquities
Officer
Download